HomeMy WebLinkAboutReg 2016-07-18 COMPLETE AGENDA PACKETTukwila City Council Agenda
• ❖ REGULAR MEETING ❖
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, July 18, 2016; 7:00 PM • Ord #2509 • Res #1885
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
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. (Refer to back of agenda page for additional information.)
3. CONSENT
a. Approval of Minutes: 7/5/16 (Regular)
AGENDA
b. Approval of Vouchers
c. A resolution rejecting all bids submitted for the South 144th Street
Pg.i
Phase II Project. [Reviewed and forwarded to Consent by the
Transportation Committee on 715116.]
d. Authorize the Mayor to sign a contract with Cooper Zietz Engineers,
Pg.15
Inc. dba AKANA for construction management services for the
Tukwila Urban Center (TUC) Pedestrian /Bicycle Bridge Project in the
amount of $700,669.00. [Reviewed and forwarded to Consent by the
Transportation Committee on 715116.]
4. PUBLIC HEARING
An ordinance to place a public safety bond on the November 8, 2016
Pg.45
General Election ballot to fund the replacement of three seismically -
unsound fire stations, guarantee funding for fire equipment and
apparatus for the life of the bond, and construct a new Justice Center
to house the Tukwila Police Department and Municipal Court.
5. UNFINISHED
a. Discussion on an ordinance to place a public safety bond on the
Pg.45
BUSINESS
November 8, 2016 General Election ballot to fund the replacement
of three seismically- unsound fire stations, guarantee funding for
fire equipment and apparatus for the life of the bond, and construct
a new Justice Center to house the Tukwila Police Department and
Municipal Court.
b. Approve funding to upgrade the previously approved half -time
Pg.55
position to full -time for technology support for the Police Records
System (Spillman) and move the position to Technology Services.
Please refer to 7111116 C.O. W. packet. Q
6. NEW BUSINESS
(continued...)
REGULAR MEETING
Monday, July 18, 2016
Page 2
7. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report
Pg.57
d. City Attorney
e. Intergovernmental
S. MISCELLANEOUS
9. EXECUTIVE SESSION— To evaluate the qualifications of an applicant for public employment —
Pursuant to RCW 42.30.110(1)(g) — 60 minutes
10. ADJOURNMENT
Tukwila City Hall is ADA 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 agenda is available at
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio /video taped (available at www.tukwilawa.00v)
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 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.
CITIZEN COMMENTS
At each Council meeting, citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZEN COMMENTS. Please limit your comments to 5 minutes.
SPECIAL MEETINGS /EXECUTIVE SESSIONS
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 as prescribed by law. Executive Sessions are not open to the public.
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.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at that 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 MEETING SCHEDULE
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official
Council action in the form of formal motions, adopting of resolutions and passing of ordinances can
only be taken at Regular or Special Council meetings.
Committee of the Whole Meetings - Councilmembers are elected for a four -year term. The Council
President is elected by the Councilmembers 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 there are forwarded to Regular or Special Council meetings for official action.
COUNCIL AGENDA SYNOPSIS
nitials
Meeting Date
Prepared by
Mayor's review
C cil review
07/18/16
BG
❑ Resolution
Mtg Date 07118116
.
E].B&Aivard
Mtg Date
EIPublic Hearing
Mtg Date
-
SPONSOR ❑ Council ❑ Mayor [:] HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police Z PW'
SPONSOR'S Council is being asked to approve the Resolution rejecting all bids for the South 144th St
SUMMARY Phase 11 Street Improvement Project. This project includes street improvements on S 144th
St from 42nd Ave S to Tukwila Int'l Blvd. Both bids were significantly over budget. Cost
savings measures will be looked at that include design revisions and closing the road
during construction. Rebidding is now scheduled for later this year with construction in
2017.
RLVILWT,D BY ❑ cow mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 07/OS/16 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE' Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT/ FUND SOURCE
ExPEINDITuRF. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/18/16
ITEM INFORMATION
3.C.
STAFF SPONSOR: BOB GIBERSON
I ORIGINAL AGENDA DATE: 07/18/16
AGENDA ITI,',m Tri'LLz South 144th Street Phase II Street Improvements
Resolution Rejecting All Bids
CXfEGORY F-1 Discussion
Mtg Date
❑ Motion
Mtg Date
❑ Resolution
Mtg Date 07118116
❑ Ordinance
Mtg Date
E].B&Aivard
Mtg Date
EIPublic Hearing
Mtg Date
❑ Other
Altg Date
SPONSOR ❑ Council ❑ Mayor [:] HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police Z PW'
SPONSOR'S Council is being asked to approve the Resolution rejecting all bids for the South 144th St
SUMMARY Phase 11 Street Improvement Project. This project includes street improvements on S 144th
St from 42nd Ave S to Tukwila Int'l Blvd. Both bids were significantly over budget. Cost
savings measures will be looked at that include design revisions and closing the road
during construction. Rebidding is now scheduled for later this year with construction in
2017.
RLVILWT,D BY ❑ cow mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 07/OS/16 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE' Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT/ FUND SOURCE
ExPEINDITuRF. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/18/16
MTG. DATE
ATTACHMENTS
07/18/16
Informational Memorandum dated 07/01/16
Draft Resolution Rejecting All Bids
Page IS, 201S CIP
Bid Tabulation
Minutes from the Transportation Committee meeting of 07/OS/16
TO:
FROM
BY:
CC:
DATE:
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Transportation Committee
Bob Giberson, Public Works Director
Cyndy Knighton, Senior Program Manager
Mayor Ekberg
July 1, 2016
SUBJECT: S 144"' St - Phase II (42nd Ave S — Tukwila Int'I Blvd)
Project No. 99510402
Resolution to Reject all Bids
ISSUE
Resolution to reject all bids on the S 144th St - Phase II Project.
BACKGROUND
The S 144th St - Phase II Project was advertised starting on May 18, 2016 and bids were opened on June
7, 2016. Two bids were received and the results are shown on the attached bid tabulation. The
construction budget in the 2015 -2020 CIP is summarized below and includes $180,000.00 for
construction management:
Construction Funding Source Amount
TIB Grant $820,000.00
_.. ................____......___.............._.._..........................................................__............_..__.._.._-__.....__- �_._........_.. .......------ ....----- ......... __......-..__............................._. ................._........_....
Tukwila Village Frontage Contribution 700,000.00
.._ ................._..........._............. .__..- ......_..................
Traffic Impact .. ................._............_ . _ . _.._...... ....................................... 25,000.00
_..........---..........-----
General Fund 37,000.00
......................._.............._................._......._....................................................._..............__..........----........_................_.._..........__........---............__.._..............................................__... .....__........................
Construction Mana ement 180,000.00
2015 — 2016 CIP Construction Budget $1,402,000.00
ANALYSIS
Staff has certified the bids and found only one minor error on the low bid of$ 2,017,684.10 and no errors
on the second bid of $2,400.256.55. As both bids were significantly higher than the Engineer's Estimate
of $1,788,471.30, an analysis of the project design, funding package, and bid prices was conducted.
Staff recommends rejecting all bids at this time and rebidding the project in the fall or early winter. In the
interim, the project design can be analyzed in detail to look for cost savings. Cost saving measures to be
considered may include: extended closure of S 144th St between Tukwila International Blvd and 42nd Ave
S during construction; value engineering the project to include design revisions to reduce costs; and
reducing coordination costs with the Tukwila Village contractor. Bidding later this year with work starting
in early 2017 would also mean a single construction season for the street improvements. Addressing all
of these reasons are anticipated to result in a better bidding climate.
FINANCIAL IMPACT
Additional design costs will be incurred to repackage the project, as well as additional costs for a second
advertising. In the long run, a redesign and repackaging of the project is anticipated to save the City
money. The 2017 CIP budget for this project will be evaluated to ensure there is adequate funding
available. The Transportation Improvement Board (TIB) has indicated there may be up to $150,000 in
additional grant money that could be made available, pending the final accepted bid amount.
3
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
Council is being asked to approve the Resolution rejecting all bids received for the S 1441h St Phase 11
Project and consider this item on the Consent Agenda at the July 18, 2016 Regular Meeting.
ATTACHMENTS
Bid Rejection Resolution
Page 15, 2015 Cl P
Bid Tabulation
WAPW Eng\PROJECTS\A- RW & RS Projects\S 144th St Phase 11 TIB - 42nd Ave S (99510402 95-RW02)\Design\INFO MEMO Resolution Bid Reject 07-01-16 rrt.docx
4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REJECTING ALL BIDS SUBMITTED
FOR THE SOUTH 144TH STREET PHASE 11 PROJECT.
WHEREAS, sealed bids were solicited for the South 144th Street Phase 11 Project; and
WHEREAS, bids were received from two bidders and were publicly opened and read aloud
on June 7, 2016; and
WHEREAS, a budget was set for the construction of the street improvements; and
WHEREAS, the low bid received was over the budgeted amount for construction of the
South 144th Street Phase 11 Project; and
WHEREAS, the City reserved the right to reject all bids in its call for bids, and RCW
35.23.352 provides for the rejection of any or all bids by resolution of the City Council; and
WHEREAS, the City wishes to reject all bids due to budget limitations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
All bids for the South 144th Street Phase 11 Project are hereby rejected due to budget
limitations.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 12016.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Joe Duffle, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel B. Turpin, City Attorney
WAWord Processing\ResolLitions\Reject bids for S 144th Street Project 6-27-16
CK:bjs Page 1 of 1
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2015 to 2020
PROJECT:
S 144 St Phase II (42 Ave S - Tukwila Int'I Blvd) * Project No. 99510402 Zone 3
DESCRIPTION:
Construct curb, gutter, sidewalk, bike lanes, pavement restoration, illumination, drainage and utility
undergrounding from Tukwila Int'I Blvd to 42nd Ave S. Also add a signal at 42nd Ave S.
JUSTIFICATION:
Provide pedestrian and vehicle safety, drainage and neighborhood revitalization.
Phase I - Tukwila Int'I Blvd to Military Rd, project completed in 2007 for $3.1 million with $1 million in grants.
STATUS:
Phase II - 42 Ave S to Tukwila International Blvd.
MAINT. IMPACT:
Reduce pavement, drainage repairs, and maintenance costs.
25
Awarded Transportation Improvement Board's Arterial Improvement Program (AIP) grant of $1 million.
COMMENT:
Project is on Impact Fee list. Design and construction related to the Tukwila Village project.
FINANCIAL Through Estimated
tin -4tnnn's1 2n13 2n1d 2n15 2niA 2n17 MR 2n19 2n2n RFYOND TOTAL
EXPENSES
Design
286
25
311
Land (RNV)
40
40
Const. Mgmt.
180
180
Construction
1,402
1,402
TOTAL EXPENSES
1 0
326
1 1,607
1 0
0
0
0
0
0
1,933
FUND SOURCES
Awarded Grant
180
820
1,000
Proposed Grant
0
Proposed Mitigation
100
700
800
Traffic Impact Fees
133
13
25
171
City Oper. Revenue
(133)
33
62
0
0
0
0
0
0
(38)
TOTAL SOURCES
0
326
1 1,607
0
0
0
0
0
0
1 1,933
Project Location
2015 - 2020 Capital Improvement Program
r
15
v
Certified Bid Tab
1 Engineer's Estimate
Gary Merlino Construction Co., Inc.
1 DPK, Inc.
Bid Item Item Quantity Unit Unit Price Total Cost
No.
Unit Price Total Cost
Unit Price Total Cost
SCHEDULE A - ROADWAY IMPROVEMENTS
ROADWAY
■
1
Unexpected Site Changes
1
EST
$ 50,000.00
$ 50,000.00
$ 50,000.00
$ 50,000.00
$ 50,000.00
$ 50,000.00
2
Roadway Surveying
1
LS
$ 21,100.00
$ 21,100.00
$ 18,000.00
$ 18,000.00
$ 25,000.00
$ 25,000.00
3
SPCC Plan
1
LS
$ 1,000.00
$ 1,000.00
$ 300.00
$ 300.00
$ 6,000.00
$ 6,000.00
4
Resolution of Utility Conflicts
1
EST
$ 25,000.00
$ 25,000.00
$ 25,000.00
$ 25,000.00
$ 25,000.00
$ 25,000.00
5
Utility Potholing
1
EST
$ 6,000.00
$ 6,000.00
$ 6,000.00
$ 6,000.00
$ 6,000.00
$ 6,000.00
6
Type B Progress Schedule
1
LS
$ 5,000.00
$ 5,000.00
$ 300.00
$ 300.00
$ 15,000.00
$ 15,000.00
7
Mobilization
1
LS
$ 131,800.00
$ 131,800.00
$ 235,000.00
$ 235,000.00
$ 86,000.00
$ 86,000.00
8
Project Temporary Traffic Control
1
LS
$ 122,100.00
$ 122,100.00
$ 187,000.00
$ 187,000.00
$ 100,000.00
$ 100,000.00
9
Clearing and Grubbing
1
LS
$ 11,000.00
$ 11,000.00
$ 20,000.00
$ 20,000.00
$ 50,000.00
$ 50,000.00
10
Removal of Structure and Obstruction
1
LS
$ 25,000.00
$ 25,000.00
$ 25,000.00
$ 25,000.00
$ 40,000.00
$ 40,000.00
11
Roadway Excavation Incl. Haul
980
CY
$ 25.00
$ 24,500.00
$ 110.00
$ 107,800.00
$ 40.00
$ 39,200.00
12
Unsuitable Foundation Excavation Incl. Haul
110
CY
$ 30.00
$ 3,300.00
$ 58.00
$ 6,380.00
$ 45.00
$ 4,950.00
13
Gravel Borrow Incl. Haul
1440
TON
$ 20.00
$ 28,800.00
$ 31.00
$ 44,640.00
$ 30.00
$ 43,200.00
14
Crushed Surfacing Base Course
1280
TON
$ 22.00
$ 28,160.00
$ 46.00
$ 58,880.00
$ 40.00
$ 51,200.00
15
HMA CI 1/2" PG 64 -22
620
TON
$ 100.00
$ 62,000.00
$ 105.00
$ 65,100.00
$ 110.00
$ 68,200.00
16
HMA CI 1/2" PG 64 -22 for Overlay
340
TON
$ 90.00
$ 30,600.00
$ 105.00
$ 35,700.00
$ 105.00
$ 35,700.00
17
Planing Bituminous Pavement
690
SY
$ 7.00
$ 4,830.00
$ 10.00
$ 6,900.00
$ 10.00
$ 6,900.00
18
Cement Conc. Pavement
65
CY
$ 220.00
$ 14,300.00
$ 500.00
$ 32,500.00
$ 580.00
$ 37,700.00
19
Decorative Stamped Finish
25
SY
$ 100.00
$ 2,500.00
$ 260.00
$ 6,500.00
$ 230.00
$ 5,750.00
20
Concrete Steps
1
LS
$ 5,000.00
$ 5,000.00
$ 1,600.00
$ 1,600.00
$ 8,000.00
$ 8,000.00
21
Cast -in -Place Wall
1
LS
$ 2,000.00
$ 2,000.00
$ 8,000.00
$ 8,000.00
$ 13,000.00
$ 13,000.00
22
Modular Block Wall
310
SF
$ 35.00
$ 10,850.00
$ 40.00
$ 12,400.00
$ 46.00
$ 14,260.00
23
Erosion Control and Water Pollution Prevention
1
LS
$ 61,000.00
$ 61,000.00
$ 30,000.00
$ 30,000.00
$ 15,000.00
$ 15,000.00
24
Cement Conc. Traffic Curb and Gutter
1640
LF
$ 25.00
$ 41,000.00
$ 50.00
$ 82,000.00
$ 26.00
$ 42,640.00
25
Cement Conc. Gutter
510
LF
$ 25.00
$ 12,750.00
$ 50.00
$ 25,500.00
$ 28.00
$ 14,280.00
26
Roundabout Cement Concrete Curb and Gutter
280
LF
$ 27.00
$ 7,560.00
$ 70.00
$ 19,600.00
$ 45.00
$ 12,600.00
27
Extruded Curb Type 6
40
LF
$ 10.00
$ 400.00
$ 30.00
$ 1,200.00
$ 25.00
$ 1,000.00
28
Cement Conc. Driveway Entrance Type 1
320
SY
$ 70.00
$ 22,400.00
$ 135.00
$ 43,200.00
$ 60.00
$ 19,200.00
29
Cement Conc. Driveway Entrance Type 2
30
SY
$ 70.00
$ 2,100.00
$ 135.00
$ 4,050.00
$ 140.00
$ 4,200.00
30
Cement Conc. Driveway Entrance Type 3
50
SY
$ 70.00
$ 3,500.00
$ 135.00
$ 6,750.00
$ 100.00
$ 5,000.00
31
Adjust Monument Case and Cover
1
EA
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 600.00
$ 600.00
32
Mailbox Support
1
EA
$ 350.00
$ 350.00
$ 500.00
$ 500.00
$ 400.00
$ 400.00
33
Railing
1
LS
$ 5,000.00
$ 5,000.00
$ 4,000.00
$ 4,000.00
$ 4,000.00
$ 4,000.00
Subtotal Roadway $ 771,400.00
$ 1,170,300.00
$ 849,980.00
SIDEWALK
34
Cement Conc. Sidewalk
1650
SY
$ 40.00
$ 66,000.00
$ 70.00
$ 115,500.00
$ 50.00
$ 82,500.00
35
Thickened Edge Sidewalk
130
LF
$ 45.00
$ 5,850.00
$ 27.00
$ 3,510.00
$ 100.00
$ 13,000.00
36
Cement Conc. Curb Ramp Type Perpendicular A
8
EA
$ 1,500.00
$ 12,000.00
$ 2,000.00
$ 16,000.00
$ 1,700.00
$ 13,600.00
37
Cement Conc. Curb Ramp Type Perpendicular B
2
EA
$ 1,500.00
$ 3,000.00
$ 2,000.00
$ 4,000.00
$ 1,900.00
$ 3,800.00
38
Cement Conc. Curb Ramp Type Parallel A
1
EA
$ 1,500.00
$ 1,500.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
39
Detectable Warning Surface
40
SF
$ 45.00
$ 1,800.00
$ 32.00
$ 1,280.00
$ 30.00
$ 1,200.00
Subtotal Sidewalk $ 90,150.00
$ 142,290.00
$ 116,100.00
STORM DRAINAGE
40
Shoring or Extra Excavation Cl. B
3290
SF
$ 1.00
$ 3,290.00
$ 1.00
$ 3,290.00
$ 0.10
$ 329.00
41
Gravel Backfill Incl. Haul for Storm Trench
440
TN
$ 18.00
$ 7,920.00
$ 25.00
$ 11,000.00
$ 30.00
$ 13,200.00
42
Ductile Iron Storm Sewer Pipe 12 In. Diam.
420
LF
$ 100.00
$ 42,000.00
$ 105.00
$ 44,100.00
$ 175.00
$ 73,500.00
43
Solid Wall PVC Storm Sewer Pipe 18 In. Diam.
50
LF
$ 40.00
$ 2,000.00
$ 117.00
$ 5,850.00
$ 175.00
$ 8,750.00
44
Solid Wall PVC Storm Sewer Pipe 12 In. Diam.
560
LF
$ 50.00
$ 28,000.00
$ 77.00
$ 43,120.00
$ 140.00
$ 78,400.00
45
Storm Drainage Television Inspection
1
LS
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 1,000.00
$ 1,000.00
46
Concrete Inlet
3
EA
$ 800.00
$ 2,400.00
$ 1,400.00
$ 4,200.00
$ 1,500.00
$ 4,500.00
47
Catch Basin Type 1
6
EA
$ 1,000.00
$ 6,000.00
$ 1,700.00
$ 10,200.00
$ 1,800.00
$ 10,800.00
I. of3
03
Certified Bid Tab
1 Engineer's Estimate
1 Gary Merlino Construction Co., Inc.
DPK, Inc
Bid Item
Item Quantity Unit Unit Price Total Cost
No.
Unit Price Total Cost
Unit Price Total Cost
48
Catch Basin Type 1 L
1
EA
$ 2.000D0
$ 2.000.00
$ 2,000.00
$ 2.000.00
$ 1.850.O0
$ 1.850.00
49
Catch Basin Type 2 48 In. Dam.
6
EA
$ 3.000D0
$ 18.000.00
$ 4.200.00
$ 25.200D0
$ 2.500.00
$ 15.000.00
50
Adjust Catch Basin
8
EA
$ 500.00
$ 4.000.00
* 400.00
$ 3.200o0
$ 700.00
$ 5.800D0
51
Connectto Existing Drainage Structure
3
EA
$ 1.000.00
$ 3.000.00
$ 1.200.00
$ 3.600.00
$ 4.000.00
$ 12.000.00
52
Connect Drainage Structure to Existing Pipe
1
EA
$ 800.00
$ 800.00
$ 1.200.00
$ 1.200.00
$ 5.000.00
$ 5.000.00
53
Stormwater Treament Vault, 4'x8'
1
EA
$ 22.500.00
$ 22.500.00
20.000.00
$ 20.000.00
$ 40.000.00
$ 40.000.00
54
Stormwater Treatment Vault, 4'x13'
1
EA
$ 38.000.00
$ 83.000.00
$ 31.000.00
$ 81.000.00
$ 50.000.00
$ 50.000.00
Subtotal Storm Drainage $ 178.910.00
$ 209.000.00
$ 319.929.00
WATER
55
Ductile Iron Pipe for Water Main 4 In. Diam.
10
LF
$ 130.00
$ 1.300.00
$ 180.00
$ 1.300.00
$ 250.00
$ 2.500.00
56
Adjust Water Valve
10
EA
$ 500.00
$ 5.000.00
$ 400.00
$ 4.000.00
$ 000.00
$ 8.000.00
57
Relocate FDC, PiV and associated appurtenances
1
LS
$ 7.000.00
$ 7.000o0
$ 3.000.00
$ 3.000.00
$ 8.000.00
$ 8.000.00
58
Adjust Water Meter Box
3
EA
$ 400.00
$ 1.200.00
$ 300.00
$ 800.00
$ 850.00
$ 1.050.00
59
Service Connection 1 In. Diam.
1
EA
$ 1.000D0
$ 1.000.00
$ 4.000.00
$ 4.000.00
$ 5.000.00
$ 5.000.00
60
Relocate Water Meter, Setter and Box
2
EA
$ 700.00
$ 1.400.00
$ 600.00
$ 1.200.00
$ 1.500.00
$ 3.000.00
Subtotal Water $ 16.900D0
$ 14.400.00
$ 25.550.00
SANITARY SEWER
61
Adjust Sewer Manhoe j 3
EA |* 500.00
$ 1.500.00
$ OUU.UO|$ 1.800.00
$ 800.00 1 * 2.400.00
Subtotal Sanitary Sewer $ 1.500.00
$ 1.800.00
$ 2.400.00
JLLUMINATION AND SIGNAL SYSTEMS
62
Illumination System, Complete
1
LS
$ 215.000.00
$ 215.000.00
$ 190.000.00
$ 190.000.00
$ 170.000.00
$ 170.000D0
63
Traffic Signal System, Complete (S 144th St and 42nd Ave S)
1
LS
$ 258.000.00
$ 259.000.00
$ 215.000.00
$ 215.000.00
$ 185.000.00
$ 185.000.00
64
Signal Loop Modifications, Complete (Tukwila Intl Blvd &S144thSt)
1
LS
$ 16'000o0
$ 10.000.00
$ 15.000.00
$ 15.000.00
$ 15.000.00
$ 15.000.00
65
Rectangular Rapid Flashing Beacon (RRFB) System, Complete
1
LS
$ 25.000.00
$ 25.000.00
$ 11.000.00
$ 11.000.00
* 12.000.00
$ 12.000.00
Subtotal lilumination & Signal Systems $ 515.000.00
$ 431.000.00
$ 382.000.00
TRAFFIC CONTROL DEVICES
06
Storm Dram Marker
13
EA
$ 50D0
$ 650.00
$ 35.00
$ 456.00
$ 25.80
$ 325.00
67
Raised Pavement Marker Type 1
3.5
HUND
* 300.00
$ 1.050.00
$ 300.00
$ 1.050.00
$ 450.00
$ 1.575.00
68
Raised Pavement Marker Type 2
0.5
HUND
$ 400.00
$ 200.00
$ 420.00
$ 210.00
$ 1.000D0
$ 500.00
69
Permanent Signing
1
LS
$ 4.000D0
$ 4.000.00
$ 8.000.00
$ 9.000.00
$ 5.000.00
$ 5.000.00
70
Plastic Line, 4 In.
1920
LF
$ 2.00
$ 8.840.00
$ 1.20
$ 2.304.00
$ 2.00
$ 3.840.00
71
Plastic Stop Line
90
LF
$ 8.00
$ 720.00
$ 3.00
$ 270.00
$ 8.00
$ 720.00
72
Plastic Crosswalk Line
490
SF
$ 8.00
$ 3.920.00
$ 3.30
$ 1.617.00
$ 6.00
$ 2.940.00
73
Plastic Traffic Arrow
2
EA
$ 100.00
$ 200.00
$ 220.00
$ 440.00
$ 50.00
$ 100.00
74
Plastic Bicycle Lane Symbol
4
EA
$ 100.00
* 400.00
$ 420.00
$ 1.680.00
$ 300.00
$ 1.200.00
75
P|astiuBicyc|oLane8ymbo|forLoopDetaction
2
EA
$ 75.00
$ 150.00
$ 280.00
$ 500.00
$ 140.00
$ 280.00
76
Plastic Access Parking Space Symbol
4
EA
$ 100.00
$ 400.00
$ 390.00
$ 1.560.00
$ 360.00
$ 1.440.00
77
Paint Line, 4In.
290
LF
$ 1.00
$ 290.00
$ 1.10
$ 319.00
$ 0.025
$ 7.25
Subtotal Traffic Control Devices $ 15.820.00
$ 19.465D0
$ 17.927.25
ROADSIDE DEVELOPMENT
78
Property Restoration
1
EST
$ 5.500.00
$ 5,500.00
$ 5.500.00
$ 5.500.00
$ 5.500o0
$ 5.500.00
79
Topsoil Type A
150
CY
$ 40.00
$ 8.000.00
$ 40u0
$ 6.000.00
$ 35.00
$ 5.250.00
80
Bark Mulch
15
CY
$ 40.00
$ 600.00
$ 33.00
$ 495.00
$ 60.00
$ 900.00
81
Seeded Lawn lnstallation
115
8Y
$ 3.00
$ 345.00
* 1.30
$ 149.50
$ 5.00
$ 575D0
82
P8|PETi|io|omen|ooa'PN|GO51Y Green Mountain Linden; 2.5^Co}..12''14'Ht.
13
EA
$ 400.00
$ 5.200D0
$ 870.00
$ 4.810.00
$ 350.00
$ 4.550.00
83
PG|PECornuokouooxnuttuUii'KN4-43Y Starlight Dogwood; 2.5^Cu|'.12'-14'Ht.
11
EA
$ 350.00
$ 3.850.00
$ 370.00
$ 4.070.00
$ 350.00
$ 3.850.00
84
PSIPEAbo|iaxgnundiUom'Ka|eidoaoopeYKa|oidoocopeAbe|ie;2Ga||onCont
18
EA
$ 22.00
$ 396.00
$ 19.00
$ 34280
$ 20.00
$ 880.00
85
PSIPE Berberis thunbergii 'Concorde'/ Concorde Japanese Barberry; 2 Gallon Cont.
86
EA
$ 22.00
$ 1.882.00
$ 21.00
$ 1.806.00
$ 20.00
$ 1.720.00
86
PSI PESpinooe japonica 'YVa|bumeY Magic Carpet Spinuo;2 Gallon Cont.
60
EA
$ 22.00
$ 1.320.00
$ 21.00
$ 1.260.00
$ 20.00
$ 1.200D0
87
PSIPE Calluna vulgaris Spring Torch'! Spring Torch Heather; 1 Gauon Cont.
68
EA
$ 18.00
$ 1.134.00
$ 14.00
* 882.00
$ 20.00
$ 1.200.00
88
PSIPE Teucrium chamaedrys Wall Germander; 1 GalIon Cont.
85
EA
$ 18.00
$ 1.530.00
$ 11.00
$ 935.00
* 10.00
$ 850.00
89
PSIPE Pennisetum Alopecuroides 'Little Bunny'/ Little Bunny Dwarf Fountain Grass; 1 Gallon Cont.
91
EA
$ 12.00
$ 1.092.00
$ 10.00
$ 910.00
$ 10.00
$ 310D0
90
PG|PEGnhizochyriumecoporium 'The B|uooY The Blues Little 8/uastnm
51
EA
$ 12.00
$ 012.00
$ 14D0
$ 714.00
$ 10.00
$ 510.00
91
PSI PE Veronica peduncularis 'Georgia BlueY Georgia Blue Speedwell; 1 Gallon Cont.
210
EA
$ 10.00
$ 2.100.00
14.00
$ 2.940.00
$ 10.00
$ 2.100.00
CO
O
Certified Bid Tab
Engineer's Estimate
Gary Merlino Construction Co., Inc.
I DPK, Inc.
Bid Item
Item Quantity Unit Unit Price Total Cost
No.
Unit Price Total Cost
Unit Price Total Cost
92
PSIPE Geum 'Mango Lassi'/ Mango Lassi Avens; 1 Gallon Cont.
290
EA
$ 10.00
$ 2,900.00
$ 14.00
$ 4,060.00
10.00
$ 2,900.00
93
Root Barrier
400
LF
15.00
$ 6,000.00
$ 9.00
$ 3,600.00
$ 4.00
$ 1,600.00
94
Automatic Irrigation System, Complete
1
LS
$ 35,000.00
$ 35,000.00
41,000.00
$ 41,000.00
$ 40,000.00
$ 40,000.00
95
Bench
4
EA
$ 1,800.00
$ 7,200.00
$ 2,200.00
$ 8,800.00
$ 2,500.00
$ 10,000.00
96
Trash Receptacle
2
EA
$ 2,000.00
$ 4,000.00
$ 2,200.00
$ 4,400.00
$ 1,500.00
$ 3,000.00
LF
Subtotal Roadside Development $ 86,671.00
$ 92,673.50
$ 87,035.00
FRANCHISE UTILITY ITEMS
$ 29.00
$ 62,930.00
97
Franchise Utility Coordination
1
LS
$ 5,000.00
$ 5,000.00
$ 2,000.00
$ 2,000.00
$ 25,000.00
$ 25,000.00
98
Adjust Gas Valve
2
EA
$ 500.00
$ 1,000.00
$ 400.00
$ 800.00
$ 600.00
$ 1,200.00
Subtotal Franchise Utility Items $ 6,000.00
$ 2,800.00
$ 26,200.00
Sub-Total
Schedule A $ 1,680,351.00
2,084,688.50
$ 1,827,121.25
SCHEDULE B - SEATTLE CITY LIGHT IMPROVEMENTS
99
Adjust Utility Vault
1
EA
$ 500.00
$ 500.00
$ 1,300.00
$ 1,300.00
$ 2,900.00
$ 2,900.00
100
Adjust Handole
1
EA
$ 300.00
$ 300.00
$ 300.00
$ 300.00
$ 900.00
$ 900.00
101
Furnish and Install 507LA Vault
1
EA
$ 9,000.00
$ 9,000.00
$ 13,000.00
$ 13,000.00
$ 8,000.00
$ 8,000.00
102
Furnish and Install 577LA Vault
1
EA
$ 11,000.00
$ 11,000.00
$ 19,000.00
$ 19,000.00
10,000.00
$ 10,000.00
103
Furnish and Install 712LA Vault
1
EA
$ 25,000.00
$ 25,000.00
$ 42,000.00
$ 42,000.00
$ 15,000.00
$ 15,000.00
104
Furnish and Install PVC Conduit, 4 In. Diam.
2170
LF
$ 12.00
$ 26,040.00
$ 47.00
$ 101,990.00
$ 29.00
$ 62,930.00
105
Furnish and Install PVC Conduit, 5 In. Diam.
1700
LF
$ 15.00
$ 25,500.00
$ 58.00
$ 98,600.00
$ 39.00
$ 66,300.00
106
Replace Frame and Cover, 42 In. Round
2
EA
$ 700.00
$ 1,400.00
$ 6,000.00
$ 12,000.00
$ 4,000.00
$ 8,000.00
Schedule B Subtotal
Sales Tax (9.5%)
$ 98,740.00
$ 9,380.30
$ 288,190.00
$ 27,378.05
$ 174,030.00
$ 16,532.85
Sub-Total
$ 108 ' 120.30
Schedule B
315,568.05
$ 190,562.85
TOTAL CONSTRUCTION BID/ESTIMATE (Schedule A + B) $ 1,788,471.30
$ 2,400,256.55
$ 2,017,684.10
Miscalculations in Contractor Bid Proposals:
(1) Amount entered on Proposal for Total Cost was $72.50. Calculating the unit price times the quantity is $7.25. Error carried through to bid amount on Schedule A and the Total Bid.
Certified by
Cyndy
Date
June 7, 2016
3 of 3
12
TRANSPORTATION COMMITTEE
Meeting Minutes
City of Tu kwi la
City Council Transportation Committee
July 5, 2016 - 5:30 p.m. -Foster Conference Room, 6300 Building
Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn
Staff: David Cline, Gail Labanara, Pat Brodin, Peter Lau, Robin Tischmak, Laurel
Humphrey
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Bid Rejection Resolution: South 144th Street Phase II (42nd Avenue South - TO
Staff is seeking Council approval of a resolution to reject all bids on the South 144th Street -
Phase II Project. Two bids were received in June and were both significantly higher than the
Engineer's Estimate of $1,788,471.30. Staff recommends rejecting the bids and rebidding in
fall or early winter after a cost savings analysis is conducted. UNANIMOUS APPROVAL.
FORWARD TO JULY 18, 2016 REGULAR CONSENT AGENDA.
B. Contract; Tukwila Urban Center - Pedestrian /Bicycle Bridge
Staff is seeking Council approval of a contract with AKANA for construction management
services for the Tukwila Urban Center Pedestrian /Bicycle Bridge in the amount of $700,669.00.
The contract will include field engineering, inspection, documentation compliance support,
and on -call specialty consultation. The fee is reasonable and under the budget of $850,000.
UNANIMOUS APPROVAL. FORWARD TO JULY 18, 2016 REGULAR CONSENT AGENDA.
III. SCATBd
No report was given.
IV. MISCELLANEOUS
The Transportation Committee Meeting adjourned at 5:40 p.m.
Next meeting: Monday, July 18, 2016
Committee Chair Approval
Minutes,by LH, Reviewed by GL
13
14
COUNCIL AGENDA SYNOPSIS
---------------------------- - - - - -- Initials
Meeting Date Pre .Pared b ' v Mayor's review review
07/18/16 BG
ITEM INFORMATION
FiVaMm
3.D.
CAS NUMBER:
I STAFF SPONSOR: BOB GIBERSON
I ORIGINAL A(.,,iNI)AD,\'I'E: 07/18/16
A(' ENDA ITEM TiTj,i,, Tukwila Urban Center Pedestrian/ Bicycle Bridge
Construction Management Contract with AKANA
CA'T'EGORY F-1 Discussion
Mtg Date
E Motion
Mtg Date 07118116
[:] Resolution
Mtg Date
❑ Ordinance
Mtg Dale
❑ Bid Award
Mt
,g Date
[:] Public Hearing
Mt
,g Date
F-1 Other
Mtg Date
SPONSOR ❑ Council [:]Mayor [:1 HR ❑ DCD [:]Finance []Fire ❑ IT ❑ P&R ❑ Police E PIV
SPONSOR'S This contract is for construction management services for the Tukwila Urban Center
SUMMARY Pedestrian/ Bicycle Bridge. AKANA was selected from three consulting firms. Construction
management services will include project management, documentation, and inspection.
The City awarded the construction contract to SB Structures on 6/13/16. Council is being
asked to approve the construction management contract with AKANA for $700,669.00.
Ri3VIF'1WT,D BY ❑ cow Mtg- ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 07/18/16 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$700,669.00 $850,000.00 $0.00
Fund Source: 104 FACILITIES (PAGE 12, 2015 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/18/16
MTG. DATE
ATTACHMENTS
07/18/16
Informational Memorandum dated 07/01/16
Consultant Selection Scoring Matrix
AKANA Contract with Scope of Work and Fee
Minutes from the Transportation Committee meeting of 7/5/16
15
17
TO:
FROM
BY:
CC:
DATE:
City of Tukwila
Public Works Department - Bob Giberson, Director
INFORMATIONAL MEMORANDUM
Transportation Committee
Bob Giberson, Public Works Director
Peter Lau, Senior Program Manager
Mayor Ekberg
July 1, 2016
SUBJECT: Tukwila Urban Center Pedestrian /Bicycle Bridge
Project Number 90510403
Construction Management Contract with AKANA
Allan Ekberg, Mayor
ISSUE
Authorize the Mayor to execute a contract with AKANA for construction management services for
the Tukwila Urban Center (TUC) Pedestrian /Bicycle Bridge in the amount of $700,669.00.
BACKGROUND
The TUC Pedestrian /Bicycle Bridge Project construction contract was awarded by Council on June
20, 2016 for $6,285,570.60. The City solicited for construction management (CM) consultant
services and received four proposals. All four CM firms — AKANA, Berger ABAM, CH2M Hill, and
Harris & Associates, were invited for an interview, but CH2M Hill subsequently withdrew from the
CM selection process. AKANA was rated the highest by the cumulative scores of the selection
panel.
DISCUSSION & FISCAL IMPACT
The AKANA contract will include field engineering, inspection, documentation compliance support,
as well as on -call specialty sub - consultants. The fee of $700,669.00 is reasonable for the scope of
work provided by AKANA for this complex project.
AKANA Contract CM & Inspection
RECOMMENDATION
CM Expense Budget
$700,669.00 $850,000.00
Council is being asked to approve the Construction Management contract with AKANA in the
amount of $700,669.00 for the Tukwila Urban Center Pedestrian /Bicycle Bridge, and consider this
item on the Consent Agenda at the July 18, 2016 Regular Meeting.
Attachments: CM Consultant Selection Scoring Sheet
CM Consultant Services Scope and Fees with AKANA
W 9PW Eng \PROJECTSW- RW & RS Projects \TUC Ped Bicycle Bridge ( 90510403) \Construction \Consultant Selection \(005) - CM Consultant Selection\ AKANA \Info Memo For AKANA CM Support 07 -01 -16 Rrt GI Sb.Docx
17
1
Construction Management (CM) Proposal Phase: 4 CM proposals were received by the City. These proposals were from AKANA, Berger
ABAM, CH2M Hill, and Harris and Associates. Since only 4 firms submitted the CM proposals, all 4 firms were invited by the City to
participate in the Interview Phase. However, CH2M Hill withdrew from the selection process prior to the interview. As a result, only 3 firms
participated in the interviews. Below are the average scores for each firm in the interview from the 3 Interview Panelists.
Tukwila Urban Center
Pedestrian /Bicycle Bridge Project
CM Consultants - Interview. Average
scores from the 3 Interview
Panelists.
oef
c
h U
Q.
o c0
o
.a.) a
ay 3
.ate
-0 oef
-o m
N 0
c.w
0 CO
xQ 0 ('2
Potential CM Consultant
300
200
200
0)
C.0) 0 Q O N
3 na e o o p-
U h 0 W
c a o a0 N Cr
L 0 0 3 ° La
r Li
150
cr co
3 �
U
Q jY
Ar Cr
100 I N/A
950
Harris & Associa
AKANA
Berger ABA
3
1
2
CO
20
Local Agency A &E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm /Organization Legal Name (do not use dba's):
Cooper Zietz Engineers, Inc. (AKANA)
Address
Federal Aid Number
3380 146th Place SE Suite 105 Bellevue, Wa 98007
STPE- 1320(002)
UBI Number
Federal TIN or SSN Number
601817894
91- 1753733
Execution Date
Completion Date
June 30, 2016
9/30/2017
1099 Form Required
Federal Participation
Yes No
❑i Yes ❑ No
Project Title
Tukwila Urban Center Pedestrian /Bicycle Bridge
Description of Work
The project includes construction of Tukwila Urban Center Pedestrian/Bicycle Bridge. The project includes the
building of a new steel arch bridge over the green river. The structure is a 220' tied arch tubular steel structure with
a lightweight concrete deck suspended from the arch with diagonal cables. The pre tensioned concrete deck acts as
the tie to the arch and, together with the diagonal cables, serves to dampen the vibrations of the structure. The
structure design is complicated by the proximity of the 8' diameter drilled shaft foundations on the banks of the
green river, which is an environmentally sensitive area. In addition, the project has very limited staging and
construction area. Other features of this project include the installation of under bridge utilities, architecturally
finished sidewalk, concrete modular block walls, rain gardens, and decorative pedestrian and security illumination.
In addition, two new pedestrian accesses from West Valley Highway (SR181) to the bridge will require
coordination with WSDOT.
Yes ❑✓ No DBE Participation
Total Amount Authorized: 700,669.00
Yes Q No MBE Participation
Management Reserve Fund:
Yes ❑Q No WBE Participation
Yes ❑✓ No SBE Participation
Maximum Amount Payable: 700,669.00
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 E
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 J
Consultant Claim Procedures
Agreement Number:
Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 311112016
Page 1 of 14
21
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the City of Tukwila
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above - described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish 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.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and /or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
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 under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14
Revised 311112016
22
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE 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 DBE 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 CONSULTANT, 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 CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
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 AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: Cooper Zietz Engineers, Inc.
Agency: Akana
Address: 3380 146th Place SE Suite 105
City: Bellevue State: WA Zip: 98007
Email: Jef£Faunce @akana.us
Phone: 206.321.3392
Facsimile:
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT 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
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
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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 II, "Scope of Work ". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non - salary costs.
1. 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 "E" 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 under this
AGREEMENT, 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
"E ", 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 purpose 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: Con sultantRates@wsdot.wa.gov.
wsdot.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 Project 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
CONSULTANT. 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 for Direct Non - Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
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4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'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 CONSULTANT
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 will 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."
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 or
10% 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 XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum. Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Extra 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 billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non - Salary, and allowable 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 CONSULTANT, 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.
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D. 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 after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this 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 AGREEMENT. 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 CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT 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- consultant 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 AGREEMENT. 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
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he /she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub - consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d -4a)
• Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V § 794)
• Age Discrimination Act of 1975
(42 U.S.C. Chapter 76 § 6101 et. seq.)
• Civil Rights Restoration Act of 1987
(Public Law 100 -259)
• American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seq.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non - salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and /or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit "J ". In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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XII. Legal Relations
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 under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub - consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub - consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and /or AGENCY, their agents, officers, employees, sub - consultants, 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 enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub - consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub - consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know -how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub - consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and /or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know -how, copyright rights or
inventions resulting from STATE 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, officers and
employees by the CONSULTANT, its agents, employees, sub - consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
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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 shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of 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 STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($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 "AIs "), 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 AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT'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.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: Peter Lau
Agency: City of Tukwila
Address: 6200 Southcenter Boulvard
City: Tukwila State: WA Zip: 98188
Email: Peter.Lau @TukwilaWA.gov
Phone: (206) 431 -2454
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, 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.
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The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of 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 CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT 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 "G -4" Certificate of Current Cost or Pricing Data. Exhibit "G -3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G -4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
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XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ( "State's Confidential Information "). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e -mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non - public Specifications, STATE and AGENCY non - publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub - consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub - consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has 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 CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00 -03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential 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.
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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 CONSULTANT 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 CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT 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,
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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 of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files ", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and /or documentation .
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, 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 any
personal devices used by the CONSULTANT or any sub - consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub - consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
Signature
Signature
Date
Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
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EXHIBIT A -1
SCOPE OF SERVICES
Construction Management Services
Tukwila Urban Center Pedestrian /Bicycle Bridge
Akana (CONSULTANT) will provide professional Construction Management (CM) Services for the City of Tukwila
(CITY). These services will include CM, contract administration, field observation, documentation, and reporting as
required during the "Tukwila Urban Center Pedestrian /Bicycle Bridge project ". All services will be provided in
accordance with City of Tukwila standards, and the Washington State Department of Transportation's (WSDOT)
Local Agency Guidelines and Construction Manual.
Consultant will be providing Jeff Faunce, Mindy Corey, Tim Norman on a Part time basis and Rick McNichols on a
full time basis to the project. AECOM, OBEC and MTC will be subconsultants to assist in the performance of the
duties listed below.
Project Description
The project includes construction of Tukwila Urban Center Pedestrian /Bicycle Bridge. The project includes the
building of a new steel arch bridge over the green river. The structure is a 220' tied arch tubular steel structure
with a lightweight concrete deck suspended from the arch with diagonal cables. The pre tensioned concrete deck
acts as the tie to the arch and, together with the diagonal cables, serves to dampen the vibrations of the structure.
The structure design is complicated by the proximity of the 8' diameter drilled shaft foundations on the banks of
the green river, which is an environmentally sensitive area. In addition, the project has very limited staging and
construction area. Other features of this project include the installation of under bridge utilities, architecturally
finished sidewalk, concrete modular block walls, rain gardens, and decorative pedestrian and security illumination.
In addition, two new pedestrian accesses from West Valley Highway (SR181) to the bridge will require coordination
with WSDOT.
Work Breakdown Structure by Tasks
100 Pre- Construction Services:
101 CONSULTANT will review bid documents to become familiar with the project.
102 CONSULTANT will take pre- construction photographs and burn them to a disc to include in hard -copy
files.
103 CONSULTANT will conduct a site visit to become acquainted with the project site.
104 CONSULTANT will prepare hard -copy and electronic files for project documentation.
105 CONSULTANT will prepare Project Templates for:
A. Design Changes
B. Change Orders and Change Order Justifications
C. Case Log and Case Log Files
D. Pay Estimates, including Ledger
E. Forecasted Cost to Complete
F. Coordination Meeting Agendas, Minutes and Sign -In Sheets
106 CONSULTANT will prepare Project Logs for tracking:
A. Design Changes
B. Change Orders
C. Requests for Information(RFI)
D. Submittals
E. Materials on Hand (will correlate with Pay Estimates)
F. Employment Documentation
107 CONSULTANT will prepare for, and conduct, a Pre - Construction meeting. Duties will include:
A. Preparing an agenda draft and sending it to the CITY for review /comments.
B. Developing an attendees list with input from CITY.
C. Conducting the meeting.
D. Preparing Meeting Minutes, sending them to CITY for review /comments, revising them per
comments and distributing them to attendees and affected stakeholders.
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108 CONSULTANT will review the Contractor's initial Schedule against allowable Working Days. CONSULTANT
will also review schedule sequencing and activity duration to check that they are reasonable. Any
discrepancies, conflicts or unreasonable work durations will be brought to the attention of the Contractor
and the CITY will be notified. (AECOM)
109 CONSULTANT will prepare a monthly CONSULTANT progress invoices for CITY review and payment. Under
the provisions of this contract a total of 13 invoices shall be prepared and presented to the CITY.
200 Construction Management Administration:
201 CONSULTANT will prepare a Progress Pay Estimates for work performed by Contractor. Under the
provisions of this contract up to a total (13) invoices shall be prepared. These will be completed once
CONSULTANT and Contractor have reached agreement on estimate quantities.
202 CONSULTANT will prepare up to (44) Weekly Statement of Working Day reports.
203 CONSULTANT will monitor Contractor and Sub - Contractor's employment documentation for adherence to
contract requirements. Monitoring will include:
A. Maintaining Employment Documentation Log.
B. Collecting, reviewing and approving (or rejecting) Requests to Sublet.
C. Collecting Certified Payrolls to verify that they meet contract wage requirements.
D. Collecting Statements of Intent to pay prevailing wages.
E. Collecting Affidavits of Wages Paid.
204 CONSULTANT will review and respond to Requests for Information (RFIs) submitted by the Contractor.
Responses will include technical interpretations of the drawings, specifications, and Contract Documents.
The CONSULTANT will update the RFI Log as RFIs are submitted and resolved.
205 CONSULTANT will monitor issues that may eventually have impacts to the project budget or schedule.
These issues will be documented Information included in the Log will be:
A. An assigned number that will be used to track each issue separately.
B. The date the issue became known.
C. A description of the issue.
D. An estimate of the lowest cost necessary to resolve the issue. If resolution creates an overall
decrease to the budget, this amount would be negative.
E. An estimate of the highest cost necessary to resolve the issue.
F. An estimate of the issue's impact on Working Days.
G. A summary of project documents that relate to the issue.
H. Comments relating to the issue.
206 CONSULTANT will prepare Change Orders and will include the CITY in the process of Change Order
negotiation and preparation. Items tracked using the Issue Log may eventually become Change Orders.
CONSULTANT Change Order work will include:
A. Scheduling and conducting negotiation meetings. The CONSULTANT will create and distribute
meeting agendas and minutes.
B. Preparation of independent Engineer's Estimates. (AECOM)
C. Compilation of Change Order back -up. This will include, but is not limited to:(AECOM)
L Engineer's Estimates
ii. E -mail correspondence
iii. Extra Work Orders from Contractor
iv. Design Change Documents
v. Meeting Minutes
D. Preparation of Change Order Justifications. (6 change order included in cost) Justifications will
include: (AECOM)
i. A description of the change.
ii. An evaluation of what is required by the Contract.
iii. An explanation as to why a Change Order is necessary.
iv. Descriptions of considered alternatives to a Change Order.
v. The reasons for entitlement; why the work cannot be paid for under the existing
contract.
vi. The names of those that approved the Change Order.
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vii. An evaluation of impact to Working Days.
viii. Change Order back -up.
E. Writing the Change Orders and providing them to CITY for edits and /or concurrence.
F. Obtaining the necessary signatures for execution once concurrence has been given by the CITY.
G. Maintaining the Change Order Log.
300 Construction Services - Field: Working Days 220.
CONSULTANT will provide full time Inspection consisting of a senior inspector depending on the skill sets
needed for the days operation to assist and observe day -to -day conduct of construction. This will include
acting as the project hub for communications, monitoring Contractor adherence to Contract Documents
and documentation of Contractor's work progress for payment. Work will include the following:
301 CONSULTANT will request and review the Contractor's breakdowns of lump -sum items for accuracy and
payment purposes. Breakdowns will be used to evaluate construction progress of these items for pay
estimates.
302 CONSULTANT will prepare Field Note Records that detail Contractor's completed work for inclusion in
monthly Pay Estimates. Field Note Records will internally be checked for accuracy prior to being entered
into Pay Estimates.
303 Prior to monthly Pay Estimate completion, the CONSULTANT will coordinate with each of the Contractors
to reach agreement on the Pay Estimate quantities.
304 CONSULTANT will review the materials delivered to the project site to ensure they are the approved
construction materials. This will be done by checking them against the approved Submittals and noting
materials delivered on Inspector Daily Reports (IDR).
305 The CONSULTANT Inspector(s) will prepare up to 220 Inspector's Daily Reports. If there is more than one
Inspector, each will prepare an individual report. IDRs will include:
A. Weather information.
B. Contractor and Subcontractors working that date, as well as the on -site representative for each.
C. A work activity summary.
D. Bid items worked on.
E. Equipment and employees utilized and hours used /worked.
F. A diary to be used as a narrative of the day's events, with times of the events included.
G. Photos.
H. Materials used.
306 CONSULTANT will take photos of construction progress and will maintain them electronically in an orderly
fashion. Upon completion of the project, these photos will be burned to discs that will be included in the
hard -copy files.
307 CONSULTANT will provide coordination with PSE for electrical service replacements
308 CONSULTANT will assist the CITY regarding Public Information by assisting the CITY with responding to
project related questions from property owners and the general public.
309 CONSULTANT will review the Contractor's As -Built drawings. Drawings will be checked for accuracy and
to determine if they reflect as- constructed conditions.
400 Materials:
Consultant shall perform a preliminary review of submittals and coordinate getting technical engineering reviews
when appropriate. Materials that do not require testing will be rejected, approved or conditionally approved per
the requirements of the City and the Contract provisions. Materials that require testing will be rejected, approved
or conditionally approved per results of field evaluation materials testing is scheduled for this project through
Material Testing Corporation(MTC). The Contractor will be notified immediately of any unapproved materials or
failed test results.
401 CONSULTANT will update the Submittal list as submittals are rejected, approved, or conditionally
approved as well as when test results are obtained. - 20 hr
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402 CONSULTANT will inspect steel materials and conduct testing in accordance with the Cities direction and
reasonable field evaluation.
Field Erection & Site Welding — Visual - 32 hr
Rebar Splice Welding Non - Destructive Testing - Magnetic Particles -24 hr
403 CONSULTANT will inspect the Concrete for adherence to Contract requirements. Test cylinders will be
taken in accordance with MTC estimates, an experienced inspector will inspect loads to verify that
conformance with Mix design is met.
Reinforced concrete (RC) - Shaft Rebar — Visual -16 hr
RC - Shaft Concrete -24 hr
RC - Bridge Abutment 1 -18 hr
RC - Bridge Pier 2 -18 hr
RC - Bridge Pier 3 -18 hr
RC - Bridge Pier 4 -16 hr
RC - Bridge Abutment 5 -18 hr
RC - Bridge Bridge Span 1 -16 hr
RC - Bridge Bridge Span 2 -16 hr
RC - Bridge Bridge Span 3 -16 hr
RC - Set Pre -Cast Girders -8 hr
RC - Stair Platform Footing, Column, Deck -18 hr
Concrete Compression Test Cylinders - 4" x 8" - Sets of 5 - 95 EA
404 CONSULTANT will inspect installation of earthwork and Hot Mix Asphalt for adherence to Contract
requirements. Formal testing will be performed by MTC, an experienced inspector will inspect loads to
verify that conformance with Mix design is met.
In Place Density Testing (IPD -S) - Foundation & Slab Subgrade Compaction / VSI -16 hr
IPD -S - Gravel Borrow -8 hr
IPD -S - Modular Wall Backfill (Includes Alt #1) -12 hr
IPD -S - Utility Trench Compaction — 8 hr
IPD -S - Site Subgrade & CSTC Compaction (Includes Alt #1) -6
IPD -A - Asphalt Paving -4
Moisture Density Relationship /Proctor with Sieve 3 ea
Sand Equivalent- 3 ea
Fracture Percentage -1 ea
Asphalt Extraction with Gradation -1 ea
Rice Density -1 ea
Uncompacted Void Content -1 ea
405 CSL testing is to be by the contractor and we will review results.
500 Project Completion:
Assist the CITY with the close -out of the project. Items of work include the following:
501 CONSULTANT will coordinate with the CITY, and the Contractor to resolve outstanding project issues. This
includes up to (2) Project Closeout Meetings, The CONSULTANT will prepare and distribute the agendas
and minutes.
502 CONSULTANT will prepare a Letter of Substantial Completion for issuance by the city. This letter will
include punchlist items for both Physical and Final completion.
503 CONSULTANT will coordinate with the Contractor to obtain all outstanding project documentation.
504 CONSULTANT will prepare a Punch List of work items for the Contractor. This list will be created with
input from the CITY. Creation of the list will include 1 initial project walkthrough and up to 2 follow -up
walkthroughs to ensure Punch List work is complete. The list may still be revised after it has been issued
to the Contractor.
505 CONSULTANT will prepare a Letter of Physical Completion for issuance by the city. This letter will denote
that the Contractor's work is completed.
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506 CONSULTANT will take photos of completed project and will maintain them electronically in an orderly
fashion. Upon completion of the project, these photos will be burned to discs that will be included in the
hard -copy files.
507 City's Engineering Firm will backdraft the As- Builts to create a Record Drawings for city records upon
issuance of Physical Completion and the CONSULTANT will perform a review of the drawings for accuracy.
508 CONSULTANT will prepare the Final Pay Estimate and Voucher. Prior to being issued to the Contractor,
drafts of these items will be routed to the CITY for review /approval.
509 CONSULTANT will review the project records to verify that they are complete. This will be a last check
before hard -copy files are transferred to the CITY.
510 Attend a wrap up meeting with the CITY.
600 Survey: (OBEC)
Consultant shall coordinate with PM and Construction Contractor (CC) as needed to require compliance with and
verify that the construction survey work completed by the CC for the Project is in conformance with the approved
plans, specifications and applicable laws.
601 Consultant shall verify all initial horizontal and vertical control stations in the proximity of the bridge and
establish additional control stations as necessary to control the Project.
602 QA Surveying
Consultant shall make supporting calculations as required to establish the position of the following elements:
• Drilled shafts
• Abutments
• Piers
• Grout pads
• Steps
• Retaining walls
• Outlet structure at the Rain Garden
Consultant shall perform QA review of the Contractor's Surveyor's calculations, of the above described elements,
in accordance with established Agency policies and procedures. Calculations must be sufficient to establish the
correct position, orientation, and elevation of the work within required tolerances from control stations.
Consultant shall perform QA of the Contractor's Surveyor's field staking of the above described elements.
Consultant shall perform QA review of CC's survey data such as, but not limited to, office calculations and stake-
out information. Provide memo indicating dates and times grade calculation checks were performed and the
results of the calculation checks along with copy of notification to CC on items not in compliance from calculation
checks and when /what corrections were made.
Assumptions:
This task assumes no more than 5 - 1 -day site visits and 1— 2 day site visits trips by a two -man survey crew for QA
of construction surveying.
Survey - Design Consultation during Construction (OBEC)
Shall coordinate with the PM to provide consultation and technical services regarding bridge construction issues,
LiDAR Scanning, 3 -D modeling and evaluation of steel structural elements for conformance to plan geometry and
erection plan review and modeling and submittal review
Consultation during Construction
OBEC will provide consultation services as requested by the PM.
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OBEC shall perform submittal review for drilled shafts, false work, erection plans and other technical elements of
the structure and walls as requested by the PM and provide comments and recommendations to the PM.
Consultant shall review submittal drawings in a timely manner to avoid delay of the CC's operation.
Deliverables /Schedule:
Review and process according the WSDOT 2016 Standard Specifications. The goal of all submittal reviews is to be
returned to the CC within 3 to 5 days.
Task 4.3 — Fabrication Scanning Analysis
This task includes all work necessary to evaluate 3 -D model elements in relation to plan geometry and to provide
recommendations to the PM regarding conformance of the fabricated structure.
Assumptions:
It is assumed that no more than two evaluations will be necessary per rib section produced.
Task 4.4 Erection Plan Modeling
This task includes all work necessary to combine the bridge and false work models and to evaluate 3 -D model
elements in relation to falsework geometry and to provide recommendations to the PM regarding conflicts that
may exist in the contractors erection plan sequencing.
700 NACE BRIDGE PAINTING INSPECTION SERVICES:
701 NACE Construction Engineering and Inspection (CEI)
Contractor shall provide Construction Engineering and Inspection (CEI) services necessary to meet City standards
for coating inspection services on the project. Contractor shall monitor the coating work of the Construction
Contractor (CC) to document the work to ensure work, materials and documentation complies with approved
plans and specifications.
Assumptions:
• Coating inspections will be performed at critical hold - points as scheduled by the PM
• Onsite construction activities will require no more than 15 10 -hour days for one inspector.
■ Construction Monitoring reports to document site visits for submittal to the CC and City staff within five
(5) business days after the monitoring site visit.
800 Optional Field Services:
Upon written approval from the CITY, the CONSULTANT shall provide engineering services beyond the work
identified above. Services may include the addition of new tasks; additional working days added to the contract or
increasing the work effort of the engineering services as directed by the CITY. Such work shall be specified in a
written Supplement to this Agreement.
Additional work elements for consideration and recommended by the Consultant include:
Task 1 LiDAR SCAN Conversions
This task includes all work necessary to convert the LiDAR point clouds supplied by the contractor into finite 3 -D
elements and create a 3 -D model for further analysis.
Deliverables /Schedule:
• Prepare a 3 -D model of the LiDAR scanning data
Assumptions:
.s
Scope for this task are included under the individual scanning tasks below
Task 2 Fabrication LiDAR Scanning
Task assumes performing 3 -D LiDAR scanning of fabricated sections of the steel arch structure and attachments for
conformance to plan and field abutment geometry.
Deliverables /Schedule:
• Consultant shall produce a 3 -D point cloud of the structure and attachments.
Assumptions:
It is assumed that the Contractor will fabricate the arch in Tacoma Washington and will produce a quarter of the
structure at a time. The task includes installation of survey control to orient the fabricated pieces in real space and
that scanning the entire rib section will require 4 set -ups per quarter rib to ensure there are no occlusions in the
point cloud. It is assumed that two scans will be required per rib section to perform the initial scan and a second to
verify adjustments or repairs by the fabricator. It is assumed that the Engineer will coordinate with the fabricator
to ensure appropriate indexes for fit up are included.
Task 3 Field LiDAR Scanning
Consultant shall complete 3 -D LiDAR scans of the completed bridge abutments and the erection towers when
installed.
Deliverables /Schedule:
• Consultant shall produce a registered, coordinate - specific 3 -D point cloud of the abutments and the
erection towers in CAD format
Scanning Assumptions:
It is assumed that this task will require no more than 2 - two -day site visits by a two man survey crew.
It is assumed that each abutment and erection tower will require 4 scans to create a complete 3 -D point cloud
model.
Consultant will prepare a scan plan to show the location of scanner in relation to abutments and erection towers
for scanning operation to avoid construction equipment and site obstructions to minimize point cloud occlusions.
Consultant will use traditional surveying methods to capture scanner target locations to be used during the
registration of point cloud data.
Optional services may include: additional work caused by extension of contract time due to Non - Working Days or
schedule delays, additional project meetings, additional testing due to failing tests, additional surveying and
mapping, additional geotechnical analysis, additional environmental documentation, document printing and
overtime due to the contractor working weekends.
Task 4 Provide CSL testing.
Assumptions Cont:
• This scope and fee does not include construction support services during non - working days. A Non -
Working Day is defined in the WSDOT Standard Specifications as "...unworkable because of weather or
conditions caused by the weather that prevents satisfactory and timely performance of the work shown
on the critical path of the Contractor's approved schedule." If the contract amount under this agreement
is exceeded, the CONSULTANT may request a supplement to cover the costs incurred from work
completed on Non - Working Days.
• Construction will take no more than 220 working days.
41
• The Contractor will be responsible for environmental documentation requirements.
• No Overtime has been estimated.
• Assume the contractor will work 8:00 am to S:OOpm, working a 40 hour week, 8 hours a day, I shift.
• Office space for Consultant will be provided by the Contractor.
• Consultant will provide vehicle and fuel, cell phone, standard safety wear and laptop computer.
• Mileage for PPM, PM /RE, inspector and CA, assume 125 cm /ca x trips @ 80 miles + 250 insp x trips *30
round trip (includes anticipated on -site daily mileage).
Deliverables by Task:
• 100 Pre - Construction Services
0 102 Disc of pre- construction photographs
0 104 Prepare hard copy and electronic file for project documentation
0 105 Prepare Project Templates (Design Changes, Change orders, Case Logs, Pay Estimates and
ledger, Forecasted cost of Completion)
0 106 Prepare Project Logs (Design Changes, Change orders, RFI's, Submittals, Materials on Hand,
Employment)
0 107 Pre - construction meeting agenda, sign -in sheet and minutes
0 109 (12) CONSULTANT Progress Invoices
• 200 Construction Management Administration
0 201 Up to (12) Pay Estimates
0 202 Up to (44) Weekly Statement of Working Days
0 203 Employment documentation and tracking log for Contractor and Sub - Contractors
0 204 RFI responses and RFI Log
0 205 Issue Log
0 206 (6) Change Orders (CO), a CO Log and CO justifications with back -up
• 300 Construction Services — Field
0 301 Review of lump -sum breakdowns
0 302 Field Note Records
0 305 Inspector's Daily Reports
0 306 Disc of construction progress photos
• 400 Materials
o none
• 500 Project Completion
0 501 Meeting agendas, sign -in sheets and minutes for up to (2) close -out meetings
0 504 Final Punch List
0 505 Prepare Letter of Physical Completion
0 506 Disc of completed project photos
0 507 Contractor produced As- Builts (Record Drawings)
0 508 Final Pay Estimate and Voucher
0 509 Hard - copies of project files
0 510 Attend Wrap up meeting
• 600 Survey
Contractor shall provide:
o Memo regarding grade calculation checks — Submit via email to CC with copy to APM within 5
business days of receipt of survey data from CC.
o Memo regarding survey field checks — Submit via email to CC with copy to APM within 5 business
days of request.
• 700 Painting Inspection Services
0 701 Submit Construction Monitoring reports to document site visits
• 800 Additional Services
8
EVA
TRANSPORTATION COMMITTEE
Meeting Minutes
City of Tu kwi la
City Council Transportation Committee
July 5, 2016 - 5:30 p.m. -Foster Conference Room, 6300 Building
Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn
Staff: David Cline, Gail Labanara, Pat Brodin, Peter Lau, Robin Tischmak, Laurel
Humphrey
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
11. BUSINESS AGENDA
A. Bid Reiection Resolution: South 144th Street Phase II (42nd Avenue South - TIB)
Staff is seeking Council approval of a resolution to reject all bids on the South 144th Street -
Phase II Project. Two bids were received in June and were both significantly higher than the
Engineer's Estimate of $1,788,471.30. Staff recommends rejecting the bids and rebidding in
fall or early winter after a cost savings analysis is conducted. UNANIMOUS APPROVAL.
FORWARD TO JULY 18, 2016 REGULAR CONSENT AGENDA.
B. Contract: Tukwila Urban Center - Pedestrian / Bicvcle Bridge
Staff is seeking Council approval of a contract with AKANA for construction management
services for the Tukwila Urban Center Pedestrian /Bicycle Bridge in the amount of $700,669.00.
The contract will include field engineering, inspection, documentation compliance support,
and on -call specialty consultation. The fee is reasonable and under the budget of $850,000.
UNANIMOUS APPROVAL. FORWARD TO JULY 18, 2016 REGULAR CONSENT AGENDA.
III. SCATBd
No report was given.
IV. MISCELLANEOUS
The Transportation Committee Meeting adjourned at 5:40 p.m.
Nextmeeting: Monday, July 18, 2016
' Committee Chair Approval
Minuteslby LH, Reviewed by GL
43
Ell
COUNCIL AGENDA SYNOPSIS
----------------------- ----- - - - - -- Initials
Meefin Date
Prepared by
Mayors revii 41V
Council review
07/18/16
LH
F-1 Resolution
Mtg Date
E Ordinance
Mtg Date 811116
07/25/16
LH
❑ Other
Mtg Date
J7
08/01/16
LH
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMI'I'I'E[.?
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N/A $N/A $N/A
Fund Source:
Comments: The F&S Committee will engage in additional review of the General Fund impacts of the Public
Safe ty Plan.
MTG. DATE
RECORD OF COUNCIL ACTION
7/18/16
ITEM INFORMATION
ITEM NO.
4&
5.A.
I
45
STAFF SPONSOR: LAUREL HUMPHREY
ORIGINALAGENDADATF: 07/18/16
AGENDA ITEM Tn'u-,' Public Safety Plan
CATEGORY E Discussion
Mtg Date 7129116
E Motion
Mtg Date 811116
F-1 Resolution
Mtg Date
E Ordinance
Mtg Date 811116
F-1 BidAlvard
Mtg Dale
M Public Hearing
Mtg Date 7118116
❑ Other
Mtg Date
SPONSOR Council E Mayor [:] HR ❑ DCD E].Finance ❑ .1-7ire ❑ IT ❑ P&R ❑ Police ❑ PWI
SPONSOR'S The City Council is considering a Public Safety Plan to fully fund fire, police and other first
SUMMARY responders by investing in safe, modern facilities and providing essential life/safety
equipment. This would include a bond measure on the November 8, 2016 ballot that would
fund the replacement of Fire Stations 51, 52, and 54, build a Justice Center to house Police
and Court, and fully fund fire apparatus and equipment for the next twenty years.
REVII7,WI.-',D BY ❑ cow Mtg- ❑ CA&P Cmte E F&S Cmte F-1 Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 07/6/16 (MULTIPLE) COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMI'I'I'E[.?
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N/A $N/A $N/A
Fund Source:
Comments: The F&S Committee will engage in additional review of the General Fund impacts of the Public
Safe ty Plan.
MTG. DATE
RECORD OF COUNCIL ACTION
7/18/16
7/25/16
8/1/16
MTG. DATE
ATTACHMENTS
7/18/16
Informational Memorandum dated 7/12/16
Draft Ordinance
7/25/16
45
M.
City of Tukwila
Allan Ekberg, Mayor
TO: City Council
FROM: Laurel Humphrey, Council Analyst
CC: Mayor Ekberg
DATE: July 12, 2016
SUBJECT: Public Safety Plan
ISSUE
The City Council is considering a Public Safety Plan to fully fund fire, police and other
first responders by investing in safe, modern facilities and providing essential life/safety
equipment. This would include a bond measure on the November 8, 2016 ballot that
would fund the replacement of Fire Stations 51, 52, and 54, build a Justice Center to
house Police and Court, and fully fund fire apparatus and equipment for the next twenty
years. Another component of the Public Safety Plan is the replacement of the City's
Public Works shops, which would be funded equally by Enterprise Funds and by the
General Fund.
BACKGROUND
The Public Safety Plan was informed by the City's multi-year review processes around
the Kent Regional Fire Authority and the Facilities Needs Assessment and Feasibility
Study. In December 2015, the Facilities Steering Committee issued a recommendation
regarding funding and phasing alternatives for replacement or renovation of the City's
aging, outgrown, and/or unsafe facilities. In early 2016, the City Council decided to set
aside the issue of annexing into the Kent Regional Fire Authority and focus on ensuring
the long-term financial health of fire service as a function of the city. These two efforts
converged into the Public Safety Plan described above.
DISCUSSION
Council Review
In 2016, the City Council review of the Public Safety Plan has included three full Council
work sessions and in-depth exploration by the Finance and Safety Committee over
several meetings between April and July. Over the course of these meetings,
Councilmembers reviewed and discussed current facility conditions, service level
impacts resulting from deficiencies, financing tools, cost analyses and various funding
scenarios. At its June 6, 2016 meeting, the City Council gave direction to staff to
proceed with public outreach on the Plan with the funding components described above.
To minimize the Plan's impact to homeowners, the Council decided at that time to find
funding for half of the Public Works shops replacement in the General Fund rather than
include it in the voter-approved bond package. Based on assumptions included in the
financing model, the average annual cost to owners of a $250,000 house would be
about $116 per year over the life of the bond. Because the majority of property in
Tukwila is commercial, homeowners will pay less than 20% of the overall cost of the
bond.
EYA
INFORMATIONAL MEMO
Page 2
Public Outreach
Public outreach to educate people on the proposal as well as to gather feedback was
conducted in a variety of ways, including a mass mailing, four open houses, local and
social media articles, community group meetings, dedicated page on the City website,
and videos and other information on TukTV. The City Council was presented with an
overview of the results of this effort on July 5, 2016. The outreach phase revealed that
there is community support for adequately funding public safety, but there is a strong
desire to institute an oversight component and provide assurance that funds will be
spent as stated by the City. In addition, there is a great deal of interest in facility siting
and design and the community would like to be involved.
Oversight Committee
On July 6, the Finance and Safety Committee discussed next steps and an approach to
address the community's request for strong oversight. They expressed a desire to
create a committee with membership and scope determined by the City Council. The
attached draft ordinance includes a section drafted in response to this request,
proposing an Oversight Committee of at least five members to be appointed by the
Council. The Oversight Committee will be required to report annually to the City Council
on the allocation of bond proceeds and how the goals of the proposition are being met.
Additional details on the appointment process and/or operations of the Oversight
Committee can be prescribed by separate ordinance or resolution if the Council so
desires.
NEXT STEPS
The City Council has scheduled further discussion on the Public Safety Plan on the July
25, 2016 Committee of the Whole agenda, with possible action to follow on August 1.
The deadline to place a measure on the November 8 General Election is Tuesday,
August 2. Should the Council decide to move forward with this ballot measure, the City
will need to also provide King County with the names of individuals to serve on the
Pro/Con Committees that provide statements in the Voters' Pamphlet. This opportunity
has already been advertised with a due date of 5:00 p.m., July 25, 2016. If the City
receives more than three interested individuals on either side, the City Council will make
the final determination on Pro/Con Committee makeup at its August 1, 2016 meeting.
ATTACHMENTS
1. Public Safety Plan Frequently Asked Questions
2. Draft Ordinance
W
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, PROVIDING FOR THE SUBMISSION
TO THE VOTERS OF THE CITY AT A SPECIAL ELECTION TO
BE HELD IN CONJUNCTION WITH THE STATEWIDE GENERAL
ELECTION ON NOVEMBER 8, 2016, OF A PROPOSITION
AUTHORIZING THE CITY TO ISSUE ITS GENERAL
OBLIGATION BONDS FOR THE PURPOSE OF PAYING A
PORTION OF THE COST OF THE TUKWILA PUBLIC SAFETY
PLAN, IN A PRINCIPAL AMOUNT NOT TO EXCEED $77,385,000,
PAYABLE BY ANNUAL PROPERTY TAX LEVIES TO BE MADE
IN EXCESS OF REGULAR PROPERTY TAX LEVIES, AND TO
LEVY THOSE EXCESS PROPERTY TAXES, ALL AS MORE
PARTICULARLY SET FORTH HEREIN; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Determinations. The City Council of the City of Tukwila,
Washington (the "City "), makes the following findings and determinations:
A. The City Council of the City has determined that it is in the best interest of the
City to implement its Public Safety Plan, which includes replacing three seismically -
deficient fire stations that have met their useful life, guaranteeing that the Tukwila Fire
Department has the funding for critical items such as fire trucks and other life /safety
equipment as necessary, and constructing a justice center to hold the Tukwila Police
Department and Municipal Court, to ensure the continuity and improvement of City
services (collectively, the "Project "), and the City does not currently have sufficient funds
available for that purpose.
B. The City Council wishes to seek voter approval for the issuance and sale of
general obligation bonds of the City in a principal amount not to exceed $77,385,000 to
pay a portion of the costs of the Project and the costs of issuance of the bonds, to be
paid by an annual excess property tax levy (the "Bonds ").
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•
C. The constitution and laws of the State of Washington provide that the question
of whether or not the City may issue the Bonds and levy excess property taxes be
submitted to the qualified electors of the City for their ratification or rejection at a special
election.
Section 2. The Project.
A. The City Council finds that it is in the best interest of the City to carry out the
Project. The Project shall include all necessary equipment and appurtenances, but
shall not include the replacement of equipment. The cost of all necessary architectural,
engineering, legal and other consulting services, inspection and testing, administrative
expenses, new construction and site improvements, demolition, on- and off-site utilities,
related improvements and other costs incurred in connection with the Project shall be
deemed a part of the costs of such capital improvements. The City Council may modify
the details of the Project where necessary or advisable in the judgment of the City
Council, with input from the City's bond oversight committee (the "Oversight
Committee").
B. The estimated cost of the Project, including the costs of issuing and selling the
Bonds ordinance, is declared to be at least $77,385,000. The economic life of the
Project is expected to be at least 20 years.
Section 3. Description of Bonds. The Bonds may be issued as a single issue or
as part of a combined issue with other authorized bonds, and in more than one series,
all as deemed advisable by the City Council and as permitted by law. The Bonds shall
be fully registered bonds, bearing interest payable as permitted by law and maturing
within 20 years after the date of issue, or within any shorter period fixed by the City
Council. The Bonds shall be paid by annual property tax levies sufficient in amount to
pay principal and interest when due, which annual property tax levies shall be made in
excess of regular property tax levies without limitation as to rate or amount but only in
amounts sufficient to pay such principal and interest when due. The Bonds shall be
issued and sold in such manner, at such times and in such amounts as shall be
required for the purpose for which the Bonds are to be issued. The exact date, form,
terms, options of prior redemption, price, interest rate or rates and maturities of the
Bonds shall be hereafter fixed by ordinance of the City Council. Pending the issuance
of the Bonds, the City may issue short-term obligations pursuant to Chapter 39.50 RCW
or such other obligations as are permitted by law to pay costs of the Project. Such
obligations and their costs may be paid or refunded with proceeds of the Bonds when
issued.
Section 4. Proceeds of the Bonds. If available money from the proceeds of the
Bonds is more than sufficient to pay the costs of the Project, or if the City Council
determines that state or local circumstances require any alteration in the Project, the
City may acquire, construct, equip and make other capital improvements to the City's
facilities, or retire and/or defease a portion of the Bonds, all as the City Council may
determine and as permitted by law. If the proceeds of the sale of the Bonds and other
available money are insufficient to make all of the capital improvements herein provided
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50
for, or if it has become impractical to accomplish the Project or any portion of the
Project, the City may use the proceeds of the Bonds and other available money for
paying the costs of that portion of the Project deemed by the City Council to be most
necessary and in the best interest of the City.
Section 5. Oversight Committee.
A. If the ballot proposition submitted by this ordinance is approved by the qualified
voters of Tukwila, an Oversight Committee shall be appointed by the City Council within
six months following approval. The Oversight Committee shall consist of at least five
members comprising two residents, two members from the business community, and
one individual from a non- profit organization located in the City. The term of
appointment for each member of the Oversight Committee shall be two years.
However, in order to have staggered terms, one resident and one business member of
the Oversight Committee will initially be appointed for three years and thereafter all
terms of appointment will be for two years. The Oversight Committee shall continue in
existence for the economic life of the Project.
B. The Oversight Committee shall review the allocation of bond proceeds and
progress on achieving the purposes of this proposition, and shall report annually to the
City Council on the same. The annual report shall be filed in paper and electronic form
with the City Clerk. The Oversight Committee may elect officers and establish rules of
procedure, including what shall constitute a quorum. Oversight Committee members
shall serve without compensation and may be removed by the City Council following
absence without cause from two or more meetings. The City Council may prescribe by
ordinance or resolution such other rules relating to the appointment process and the
operation of the Oversight Committee as shall be necessary or appropriate.
Section 6. Calling of Election.
A. The City Council requests that the Elections Director of King County,
Washington (the "Director "), call and conduct a special election in the City, in the
manner provided by law, to be held therein in conjunction with the statewide general
election on November 8, 2016, for the purpose of submitting to the voters of the City, for
their approval or rejection, the question of whether or not general obligation bonds of
the City shall be issued in a principal amount not to exceed $77,385,000 (or such lesser
maximum amount as may be legally issued under the laws governing the limitation of
indebtedness), the proceeds of which shall be expended to pay costs of the Project and
costs of issuance of the Bonds, and annual excess property taxes shall be levied to pay
principal of and interest on the Bonds when due. The proceeds of the Bonds shall be
used for capital purposes only, which shall not include the replacement of equipment.
B. If this proposition is approved by the requisite number of voters, the City will be
authorized to issue and sell the Bonds in the manner described in this ordinance, to
spend the proceeds thereof to pay costs of the Project and costs of issuance of the
Bonds, and to levy excess property taxes to principal of and interest on the Bonds when
due.
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51
Section 7. Ballot Proposition.
A. The City Clerk (or his or her designee) is authorized and directed to certify, no
later than 4:30 p.m. on August 2, 2016, to the Director, a copy of this ordinance and the
proposition to be submitted at that election in the form of ballot title prepared by the City
Attorney pursuant to RCW 29A.36.071, as follows:
Iva*]"* 0111111136111N,
[601116&W a to] 'ATA I 9311ay I'm 0 1 I'll, I" to] 0
12 VA c11 C may_ 1 a: M Will! -0,16A 1• 1
The Tukwila City Council passed Ordinance No. concerning
financing its Public Safety Plan. If approved, this proposition would
replace three fire stations, fund life/safety equipment for the Tukwila Fire
Department, construct a police/court justice center and establish an
oversight committee by authorizing issuance of general obligation bonds
not to exceed $77,385,000 (maturing within 20 years), and would
authorize the annual levy of excess property taxes to pay the bonds, all as
provided in Ordinance No. . Should this proposition be approved?
YES .................. ❑
NO................... ❑
B. For purposes of receiving notice of any matters related to the ballot title, as
provided in RCW 29A.36.080, the City Council hereby designates its bond counsel,
Foster Pepper PLLC (Marc Greenough, 206-447-7888, marc.greenough@foster.com),
as the individual to whom such notice shall be provided.
Section 8. General Authorization. The proper City officials are authorized to
perform such duties as are necessary or required by law to the end that the question of
whether or not the Bonds shall be issued, as provided in this ordinance, shall be
submitted to the voters of the City at the November 8, 2016 special election held in
conjunction with the statewide general election.
Section 9. Intent to Reimburse. The City Council declares that to the extent the
City makes capital expenditures for the Project prior to the date the Bonds or other
short-term obligations are issued to finance the Project, from funds that are not (and are
not reasonably expected to be) reserved, allocated on a long-term basis or otherwise
set aside by the City under its existing and reasonably foreseeable budgetary and
financial circumstances to finance the Project, those capital expenditures are intended
to be reimbursed out of proceeds of the Bonds or other short-term obligations issued in
an amount not to exceed the principal amount of the Bonds provided by this ordinance.
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52
Section 10. Local Voters' Pamphlet Authorized. The preparation and
distribution of a local voters' pamphlet providing information on the foregoing ballot
measure is hereby authorized. The pamphlet shall include an explanatory statement
and arguments advocating approval and disapproval of the ballot measure. The
preparation of the explanatory statement, the appointment of pro /con committees and
the preparation of arguments advocating approval and disapproval of the ballot
measure shall be in accordance with Chapter 29A.32 RCW and the rules and guidelines
of the Director. The arguments advocating approval and disapproval of the ballot shall
be prepared by committees appointed by the City Council. Each committee shall be
composed of not more than three persons, and the committee advocating approval shall
be composed of persons known to favor the ballot title and the committee advocating
disapproval shall be composed of persons known to oppose the ballot title. Pursuant to
the Director's guidelines, the names of the committee members appointed by the City
Council shall be provided to the Director no later than 4:30 p.m. on August 2, 2016, and
the arguments advocating approval and disapproval of the ballot measure shall be
provided to the Director no later than 4:30 p.m. on August 5, 2016. The explanatory
statement shall be prepared by the City Attorney and filed with the Director no later than
4:30 p.m. on August 5, 2016.
Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 12. Severability. If any provision of this ordinance is declared by any
court of competent jurisdiction to be invalid, then such provision shall be null and void
and shall be severable from the remaining provisions of this ordinance, and shall in no
way affect the validity of the other provisions of this ordinance or of any other ordinance
or resolution or of the Bonds.
Section 13. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
Section 14. Ratification of Prior Acts. Any action taken consistent with the
authority of this ordinance, after its passage but prior to the effective date, is ratified,
approved and confirmed.
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53
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12016.
ATTEST/AUTH ENTI CATE D:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 6 of 6
COUNCIL AGENDA S
Initials
Meetin
,g Date
Prepared by
Mayor's review
C cil review
07/11/16
MM
❑ Resolution
Mt g Date
❑ Ordinance
M1
,g Date
07/18/16
Mm
❑ Otber
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR E:1 DCD [].Finance [:] Fire E TS ❑ P&R ❑ Polite ❑ PWI
SPONSOR'S Technology Services is asking the Councils consideration for the following:
SUMMARY Upgrade Police Departments half-time position to full-time (FTE), move position from
Police to Technology Services, re-allocate Police funding for position to Technology
Services to start 2017. Appropriation of funds moving forward will be addressed through
the Biennial Budget process.
REVIEWED BY M COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 7/6/16 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Technology Services
COMM"""A .` Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE RrQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/11/16
ITEM INFORMATION
ITEM NO.
5.B.
�
55
STAFF SPONSOR: JOSEPH TODD
IORI(',INAi.,A(-,]"NI)ADA'1-1,": 7/11/16
AGENDA ITEM New FTE position, Technology Services Systems Administrator
CATEGORY ❑ Discussion
Mt g Date 7111116
E Motion
Atg Date 7118116
❑ Resolution
Mt g Date
❑ Ordinance
M1
,g Date
E]BidAward
Mtg Date
❑ Pub& .Hearing
Mig Date
❑ Otber
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ HR E:1 DCD [].Finance [:] Fire E TS ❑ P&R ❑ Polite ❑ PWI
SPONSOR'S Technology Services is asking the Councils consideration for the following:
SUMMARY Upgrade Police Departments half-time position to full-time (FTE), move position from
Police to Technology Services, re-allocate Police funding for position to Technology
Services to start 2017. Appropriation of funds moving forward will be addressed through
the Biennial Budget process.
REVIEWED BY M COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 7/6/16 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Technology Services
COMM"""A .` Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE RrQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/11/16
Forward to npxt Regular Meeting
MTG. DATE
ATTACHMENTS
07/11/16
Informational Memorandum dated 06/15/16 (updated after FS meeting)
Page 6 from the December 7, 2015 Regular City Council Meeting Minutes
Minutes from the July 6, 2016 Finance and Safety Committee meeting
07/18/16
No attachments
55
56
Ciry or" - - Attan Ekberg, May w
Mayor's David .� / �,.
The City of opportunity, the community of choice
TO: Mayor Ekberg
Councilmembers
FROM: David Cline, City Administrator
DATE: July 13, 2016
SUBJECT: Report for July 18, 2016 Regular Council Meeting
The City Administrator Report is meant to provide the Council, staff and community an update on
the activities of the City and on issues that concern Tukwila. Please let me know if you have any
questions or need additional information about any of the following items.
I. Intergovernmental Update
Joint Meeting with Liquor and Cannabis Board: Mayor Ekberg, accompanied by staff from
the City Attorney's office, DCD and the Mayor's Office attended ajoint meeting with state and
local government entities regarding marijuana licensing. The meeting was hosted by the City
of Auburn and attended by representatives from the Liquor and Cannabis Board (LCB), the
Attorney General's office, Auburn, Bothell, Kent, Renton, Tukwila, the Association of
Washington Cities and Sound Cities Association. The Liquor and Cannabis Board clarified
their licensing process and the limitations of the State Law and there was robust discussion
about how cities can partner with the State on these matters.
• Port of Seattle Event: DCD staff members attended an event at the Port of Seattle hosted by,
Young Professionals in Transportation and Women Transportation Seminars. Staff heard
about everything the Port has done, is doing and plans to do including coordinating light rail
with Sound Transit, airline scheduling and future technology; and was also a rare opportunity
to interface directly with Port of Seattle transportation professionals, planners, schedulers,
and systems managers.
• Business Salute to Boeing: Mayor Ekberg, Council President Duffie and Economic
Development staff attended a Business Salute to Boeing sponsored by Alaska Airlines at the
Museum of Flight to celebrate Boeing's 100th anniversary. Governor Inslee and four previous
governors attended along with Ray Conner, CEO of Boeing Commercial Airplanes, and Brad
Tilden, CEO of Alaska Airlines.
Tukwila City Hall . 6200 Southcenter Boulevard » Tukwila, [ETA 98188 ,.200- 433-1800 . Website. TukwilaG A.gov
MA
City Administrator's Report
July 13, 2016
Page 2
11. Staff Updates
Public Safety
• White House 21st Century Policing Briefing: Chief Villa participated in a White House 21st
Century Policing Briefing on June 30. The briefing provided police representatives with an
overview of the recommendations from the President's Task Force on 21st Century Policing
and opportunity to discuss what the recommendations mean to everyday work. In addition,
the Chief and other participants werejoined by Senior Administration Officials to brainstorm
new ideas about how to enhance public trust and confidence in thejustice system while
maintaining public safety.
• Seminar Hosted by the US District Attorney's Office: Sergeant Kraig Boyd was asked to
speak at the Protecting Houses of Worship seminar hosted by the Assistant US District
Attorney's Office and the Department of Homeland Security on June 29. The meeting was
attended by several community leaders and religious clergies from various faiths.
• Situational Awareness Training: The Community Liaison Officer for the Police Department
presented a training to Waste Management regarding situational awareness while working in
the community. He spoke to four different outgoing shifts emphasizing the importance of
being aware of possible illegal activity and issues that need to be reported to police while
they work in our communities.
• Ramadan Celebration: The community liaison team coordinated efforts with the traffic unit
and the Abu Bakr Islamic Center to assist with the annual end of Ramadan celebration (Eid Al
Fitr). The event went smoothly and the community and the mosque were extremely
appreciative of our assistance.
• 2016 US Police and Fire Games Gold Medalist: Officer Charles Saguil represented the Police
Department and the City when he competed in the 2016 US Police and Fire Games held in San
Diego, California. He competed in the submission grappling event, super heavyweight
division (2201bs plus) and won by decision against LAPD 4 -2 in overtime in round one, won by
decision against Vancouver, WA PD 9 -0 in round two and won 1st Place by decision against LA
County Fire Fighter 2 -0 in round three.
Project Updates
• Strander Blvd Phase 3: The City received notification that the Strander Blvd. Extension
project has been identified as a proposed recipient of $5 million as part of the FASTLANE
project awards.
• Tukwila International Boulevard Redevelopment - Motel Demolition: Split rail fence
installation was completed on July 1. Grass is starting to germinate and grow. Last week
Seattle City Light connected power to the two new light poles and installed an electrical
meter.
• S 144th St Phase II: Resolution to reject all bids is going before Council. Design alternatives
will be considered and the project will be rebid in late 2016 for construction in 2017. Closing
South 144th St during construction will also be considered as a cost savings measure.
Phone: 206- 433 -1800 + Email. Mayor @Tukwi(aWA.gov + Website: TukwilaWA.gov
City Administrator's Report
July 13, 2016
Page 3
• Andover Park E Water /Sewer: Four contractors attended the Pre -Bid meeting on July 6.
Addendums will be issued to address questions brought up from the meeting. The bid
opening will be the week of July 18.
• Tukwila Village: Consolidation of the parcels south of 144th Street from seven parcels into
one has been completed and recorded with King County. This was a lengthy process taking
over a year primarily due to a 0.9' gap in ownership between two parcels that was created in
1947 when a parcel on one side of the gap was conveyed with a minor error in the legal
description. In order to get clear ownership of the gap, the City received a judgment from
King County Superior Court. To obtain this judgment, the City had to provide notice to the
heirs of the original owners which involved hiring a private investigator and serving notice on
twenty heirs and their spouses in five different states.
Phone: 206- 433 -1800 + Email: Mayor @Tukwi(aWA.gov + Website: TukwilaWA,gov
M-8
Upcoming Meetings & Events
July 2016
18th (Monday)
19th (Tuesday)
20th (Wednesday)
21st (Thursday)
22nd Frida
23rd (Saturday)
➢ Transportation
➢ Finance &
➢ Tukwila
Cmte,
Safety Cmte,
Historical
5:30 PM
5:30 PM
Society,
(Foster
(Hazelnut
7:00 PM
Conference
Conference
(Tukwila
Room)
Room)
Heritage &
Cultural
Center, 14475
➢ City Council
59h Ave S.)
Regular Mtg.,
7:00 pm
(Council
Chambers)
25th (Monday)
26th (Tuesday)
27th (Wednesday)
28th (Thursday)
29th (Friday)
30th (Saturday)
➢ Community
➢ Utilities Cmte,
See you in the Park
➢ Planning
Touch - a - Truck
Affairs & Parks
5:30 PM
5:30 - 7:00 PM
Commission,
Safety and
Cmte,
(Foster
(Riverton Park)
6:30 PM
Emergency
5:30 PM
Conference
Tukwila Parks &
(Council
Preparedness Fair
(Hazelnut
Room)
Recreation invites
Chambers)
9:00 AM to 1:00 PM
Conference
you out to meet our
(Westfield Southcenter
Room)
staff! Food, games
South Parking Lot)
and recreational
Explore Tukwila's
Safe Routes to
opportunities for all
biggest heavy -duty
➢ City Council
School Project
age groups!
rigs. A variety of
Committee of
Phase 2
Performance:
exhibitors will also be
the Whole Mtg.,
Open House
Bubbleman
on site with summer
safety tips and
7:00 PM
The public is
emergency
(Council
invited to provide
preparedness
Chambers)
input on the
information.
proposed physical
Free Fun!
configuration
(9:00 - 10:00 AM is
before proceeding
"Hom - and - Siren -
to final design.
Free ")
5:30 - 7:30 PM
(Valley View
Tukwila Int'l.
Sewer Dist. 3460
Blvd. Action
S. 148`h St)
Cmte's
Trash Pickup Day
9:00 - 10:00 AM
For location or
information contact
Sharon Mann
206 - 200 -3616
➢ Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Dave Johnson at 206 - 767 -2308.
➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206 - 431 -2187.
➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf Room.
➢ 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, Hazelnut Conf. Room.
➢ Finance & Safety Committee: I st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) Agreement with Seattle Southside Regional
Tourism Authority (SSRTA). (B) Discussion with City Council 2017 -18 Proposed Budget. (C) Police Department 2016 2 "d Quarter
Update.
➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Shannon Fisher at 206 - 767 -2312.
➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206 - 767 -2332.
➢Planning Commission/Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta
Bivens at 206 -431 -3670.
➢ Transportation Committee: 1st & 3rd Mon., 5:30 PM, Foster Conf. Room. (A) TUCITOD Pedestrian Improvements Project Status
Update.
➢Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59`h 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.
61
62
Tentative Agenda
Schedule
MONTI3
MEETING t -
MEETING 2 -' '
MEETING 3 -
MEETIN„G 4 -
-REGULAR,
to.w.
REGULAR,
CO:
July
5 (Tuesday)
11
18
25
See agenda packet
Special Issues:
cover sheet for this
Public Safety Plan
week's agenda
Deliberation.
(July 18, 2016
Regular Meeting).
August
1
8
15
22
Special Presentation:
Special Presentations:
Recognition of
New Employee
National Night Out
Introductions.
Against Crime Poster
Winners.
Unfinished Business:
-A resolution of the
Public Safety Ballot
Measure.
- Approval of Pro-
Committee of the
Con Committees.
Whole to be followed
by a Special Meeting.
62