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HomeMy WebLinkAboutPS 2018-03-19 COMPLETE AGENDA PACKETCity of Tukwila Public Safety Committee O Kathy Hougardy, Chair O Dennis Robertson O Thomas McLeod AGENDA MONDAY, MARCH 19, 2018 — 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Distribution: K. Hougardy D. Robertson T. McLeod V. Seal Mayor Ekberg D. Cline C. O'Flaherty L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. A resolution relating to lease agreements as part of the a. Forward to 3/26 C.O.W. Pg.1 Public Safety Plan. and 4/2 Regular Mtg. Brandon Miles, Business Relations Manager b. A contract for topographical survey services for the b. Forward to 3/26 C.O.W. Pg.5 Public Safety Plan. and 4/2 Consent Agenda. Rachel Bianchi, Communications and Government Relations Manager c. Proposed policies regarding DBE (Disadvantaged c. Committee consideration/ Pg.25 Business Enterprise) and local hiring for the Public Safety Plan. decision. If applicable, forward to 3/26 C.O.W. Rachel Bianchi, Communications and Government Relations Manager 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, April 2, 2018 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: March 13, 2018 SUBJECT: Public Safety Plan, Leasebacks with Impacted Businesses ISSUE Adopting a City Council Resolution authorizing the Mayor (or designee) to enter into short term leases on properties acquired by the City for the new Justice Center and combined Public Works Shop. BACKGROUND On November 6, 2017, the City Council adopted Tukwila Ordinance No. 2554, which identified the locations for the City's new Justice Center, combined Public Works Shop, and a fire station. There are currently about two dozen businesses located on the preferred locations for the Justice Center and combined Public Works Shop. The City is currently working to acquire the land through voluntary purchase and sale agreements with the various property owners and eminent domain proceedings as necessary, as previously authorized by the City Council. Because of the nature of the acquisition proceedings, properties will be acquired on a rolling basis. As such, the City would like to be able to serve as a commercial landlord for some businesses for a short period of time, so that businesses can continue to operate in their current locations as long as possible. The Revised Code of Washington (RCW) 35A.11 vests the City Council with the authority to lease City owned land, however, the City Council may delegate its authority. DISCUSSION Staff has been working with the impacted businesses to try and reduce the impacts associated with the City's Public Safety Plan. Economic Development staff has been tasked with trying to reach agreements with the businesses on the Justice Center site and combined Public Works Shop site. The attached resolution temporarily delegates the City Council's lease authority to the Mayor (or designee). The delegation is only for the properties identified for siting of the Justice Center and Public Works Shop. The delegation will automatically expire on December 31, 2020. Staff is requesting this delegation in order to facilitate potential settlement agreements with tenants. FINANCIAL IMPACT The City would likely generate a nominal amount of rent income from the commercial leases. 1 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Committee is being asked to forward the draft resolution to the March 26, 2018 Committee of the Whole meeting and April 2, 2018, Regular Council meeting. ATTACHMENTS • Draft Resolution 2 Z:\Council Agenda Items\Mayors Office\Leasing PropertylInfoMemo.doc I` I1' E IT) �r i t L_ ff A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO LEASE AGREEMENTS FOR THE PROPERTIES ANTICIPATED TO BE ACQUIRED AS PART OF THE CITY'S PUBLIC SAFETY PLAN PROJECT. WHEREAS, on November 6, 2017, the Tukwila City Council adopted Ordinance No. 2554, which identified locations for siting of the City's new combined Public Works shops facility and a Justice Center ("the Properties"), both of which are part of the City's Public Safety Plan projects; and WHEREAS, the City is currently in the process of acquiring the Properties, either through voluntary agreements or condemnation proceedings; and WHEREAS, there are businesses currently operating on many of the Properties; and WHEREAS, the City desires to lessen the impacts to the businesses operating on the Properties; and WHEREAS, the Revised Code of Washington (RCW) Chapter 35A.11 grants the Tukwila City Council the authority to lease City -owned property; and WHEREAS, the Tukwila City Council desires to delegate its authority to lease to the Mayor, in limited circumstances set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Lease Authority Delegated. The Tukwila City Council delegates its authority to lease City property to the Mayor or his or her designee. W:\Word Processing\Resolutions\Lease agreements authorized on PW shops and Justice Center 3-12-18 BM. bjs Page 1 of 2 3 Section 2. Property Limitation. This delegation of authority to lease City property from the Tukwila City Council to the Mayor shall only apply to the Properties acquired for the new combined Public Works shops facility and the Justice Center, as identified in Ordinance No. 2554, adopted by the City Council on November 6, 2017. Section 3. Expiration. Unless extended by the Tukwila City Council, the authority granted to the Mayor herein shall terminate on December 31, 2020. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this - day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: W:\Word Processing\Resolutions\Lease agreements authorized on PW shops and Justice Center 3-12-18 BM:bjs 4 Page 2 of 2 City of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: City Council, Committee of the Whole FROM: Rachel Bianchi, Communications and Government Relations Manager BY: D.J. Baxter, Shiels Obletz Johnsen CC: Mayor Ekberg DATE: March 14, 2018 SUBJECT: Public Safety Plan, Contract for Topographical Survey Services ISSUE Amend contract to provide additional required survey services for the properties selected to implement the Public Safety Plan. BACKGROUND The City has identified its preferred sites for each of the facilities to be built under the Public Safety Plan. These include the Justice Center, the Public Works Shops, and Fire Stations 52 and 54, In fall 2017, the City executed contracts for ALTA surveys for each of the selected properties. Now that we are beginning design on Fire Stations 52, 54, and the Justice Center, the design teams have identified that a more detailed Topographical Survey is needed to support the siting and design of the buildings. The Public Safety Committee recently forwarded a favorable recommendation to add the Fire Station 52 topographical survey to the surveyor's contract. We have now completed a solicitation process for Fire Station 54 and Justice Center, and recommend amending the current surveyor's contract to add those sites also. To select a consulting firm who could perform detailed topographical surveys for the Public Safety Plan properties, the City requested proposals from four firms from its consulting services roster, The firms contacted were: APS Survey & Mapping; Baseline Engineering/Beyer; Bush Roed Hitchings (BRH); and True North Land Surveying. APS and Baseline/Beyer did not submit proposals. BRH and True North submitted timely proposals that were scored as indicated on the attached score sheet, While True North provided a very competitive price, the ambiguity of the proposal created uncertainty about what services and deliverables would be included in the fee, The proposal also did not describe how the Consultant would gather information for properties that are not yet accessible, as specifically requested in the solicitation. In a telephone interview, True North confirmed that they did not know how to approach this issue, and the company declined to amend its proposal to describe a possible approach. True North also indicated some concern about meeting the required 6 week schedule for the Justice Center, and that they would feel more comfortable with 8 weeks, In a telephone interview, BRH indicated an ability to start the work immediately after NTP, and comply with the 6 week required schedule. BRH also offered a willingness to provide data to the design team as that data is collected, further accelerating the schedule. BRH is the surveyor already engaged for initial surveys for the Public Safety properties. They have been prompt, reliable, fast, and thorough. The fees proposed for the Fire Station 54 property were nearly identical, but BRH's fee for the Justice Center work was significantly higher than True North's proposal. Our telephone interviews confirmed that both companies were pricing the same set of services and deliverables, but revealed that BRH had accounted for special considerations that will be unique to the Justice Center property. In addition to proposing an approach for properties on which we have not been granted access, as we requested, BRH had considered and budgeted for circumstances unique to this site, such as 5 the need to protect and monitor equipment while in use, the time associated with working around personal property and debris found on this site. We are concerned that by not considering these factors, True North will either exceed its proposed budget, or be forced to cut corners on its work product. FISCAL IMPACT: The cost proposal for these additional surveys is $64,100. The total contract amount for BRH, including previously approved work, will be $131,500. RECOMMENDATION: City staff recommends BRH based on its ability to accelerate completion, the clarity and responsiveness of its proposal, and positive recent experience working for the City on the Public Safety Plan. The Committee is being asked to approve the contract amendment for additional survey services for scope of work and associated fees as described above and place it on the agenda for the March 26, 2018 Committee of the Whole Meeting, and the Consent Agenda for the April 2, 2018 Regular Meeting. ATTACHMENTS: Score Sheet Consultant Contract Amendment Scope of Work and Fee 6 Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Tukwila Public Safety Plan — Contract for Topographical Surveying Services Fire Station 54 and Justice Center March 13, 2018 APS Survey & Mapping ;, w m m 'Bush Roed Hitchings True North Reputation for high-quality work, reliable and prompt property surveys N/A N/A 5 4 Recent experience working with City of Tukwila/SOJ N/A N/A 5 0 Stated Ability to Meet Schedule (6 weeks from NTP) N/A N/A 5 5 Ability to Accelerate Work N/A N/A 5 3 Responsiveness and clarity of proposal N/A N/A 5 2 Cost N/A N/A 3 5 TOTALS 0 0 28 19 For each category, highest score is 5 (with the lowest or worst score 1) Consultant with the highest score is ranked the best. Staff: SOJ/D.J. Baxter Selection Date: 03/13/2018 Selected Consultant: BRH Summary: To select a consulting firm who could perform detailed topographical surveys for the Public Safety Plan properties, the City requested proposals from four firms from its consulting services roster. The firms contacted were: APS Survey & Mapping; Baseline Engineering/Beyer; Bush Roed Hitchings (BRH); and True North Land Surveying. APS and Baseline/Beyer did not submit proposals. BRH and True North submitted timely proposals that were scored as indicated. While True North provided a very competitive price, the ambiguity of the proposal created uncertainty about what services and deliverables would be included in the fee. The proposal also did not describe how the Consultant would gather information for properties that are not yet accessible. In a telephone interview, True North confirmed that they did not know how to approach this issue, and the company declined to amend its proposal to describe a possible approach. True North also indicated some concern about meeting the required 6 week schedule for the Justice Center, and it would feel more comfortable with 8 weeks. In a telephone interview, BRH indicated an ability to start the work immediately after NTP, and comply with the 6 week required schedule. BRH also offered a willingness to provide data to the design team as that data is collected, further accelerating the schedule. Therefore, in spite of a significantly higher price, the City selected BRH based on its ability to accelerate completion, the clarity and responsiveness of its proposal, and positive recent experience working for the City on the Public Safety Plan. 7 8 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-210 CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and Bush Roed & Hitchings That portion of Contract No. 17-210 between the City of Tukwila and Bush Roed & Hitchings (Consultant) is hereby amended as follows: 1. Project Designation. The Consultant is retained by the City to perform survey services for four selected sites referred to as the Justice Center Site (JC7NL), Public Works Site (PW), and Fire Station 54 Site (FS54), and Fire Station 52 Site (FS52), in connection with the project titled Tukwila Public Safety Plan. The Consultant is further retained to conduct detailed topographical surveys for the FS52, FS54, and JC7NL Sites. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibits "A," attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement: Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2018, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than May 22, 2018 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $131,500 (including estimated expenses) without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20_ CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor Printed Name: ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 9 10 BRH VIA EMAIL March 12, 2018 Ms. Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 Bush Roed & Hitchings, Inc. Proposed Land Survey Services — Topographic and Planimetric Survey — Site JC7NL Justice Center Site Parcel Nos.: 0041000515, 0041000514, 0041000480, 0041000494, 0041000513, 0041000516, 0041000517, 0041000335, 0041000330 Tukwila, WA 98168 Dear Ms. Holmes, We look forward to providing you with land survey services at the site referenced above, and as shown on the attached Exhibit "A". We will provide a planimetric survey showing the features on the subject site as shown in our scope of work below. Control and Datum Project boundary will be calculated with bearings and distances shown on the drawing. Street centerlines and rights-of-way will be calculated with bearings and distances shown on the drawing. Bearings of cross -streets will be calculated and shown. NAVD 88 vertical datum will be used (City of Tukwila). A minimum of eight (8) on-site benchmarks will be set. NAD 83/91 horizontal datum will be used (City of Tukwila). Topography Surface improvements All surface improvements, pavements, sidewalks, stairs, walls, fencing, signs and parking stalls will be located and shown. Building footprints and elevations Exterior building footprints will be shown along with overhangs, canopies, stairwells and recessed building entries. Finish floor elevations will be shown for each entry for the buildings on the subject site. Street channelization Existing street channelization will be shown with lane stripes and traffic arrows. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle. WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135, Internet: www,brhinc.com 11 AXIS PLANNING & DEVELOPMENT, LLC Ms. Carrie Holmes March 12, 2018 Page 2 BRH, Inc. Street improvements Full street widths of improvements will be shown for the surrounding streets to the opposite right-of-way lines. Spot elevation intervals Spot elevations will be shown at 25 foot intervals in the streets. Spot elevations will be taken at roadway crowns, lane stripes, edge of parking lanes, flow lines and top of curbs. Spot elevations will indicate existing curb heights. Spot elevations and contours Spot elevations will be shown to approximately 0.01 feet. One foot contour intervals and ground level entryway finish floor elevations will be shown. Topography Topography will differentiate between various surface pavements and will show where pavement changes occur (concrete to asphalt, asphalt to brick, etc.), and top and toe of all slopes. Vegetation All trees greater than 3 -inches in diameter (as measured one foot above ground) and drip lines will be located and shown. Trees will be labeled as either deciduous or coniferous. Utilities Overhead utilities Existing utility poles, wires, bus wires, guy wires and overhead wire crossings will be shown with elevations. Surface features All surface utility features such as rims, grates and vaults will be shown. Below grade utilities All below grade utilities, including pipe types and sizes, rim and invert elevations, will be shown if record of their existence is found. Underground service lines will be marked in the field by our utility locating personnel if tracer wires or other metallic features exist below ground. Record public utility locations will be shown to the extent that such records exist. Private utility records will also be researched to the extent that they are available. We will detect and show existing traffic signal loops, where possible. Vaults It may be necessary to open Seattle City Light vaults in order to detail the size and depth of the vaults. In this case, BRH will need to coordinate with SCL crews for safety and security reasons. SCL and BRH will bill their time on a rates basis for this extra service. SCL may require payment in advance for their crew time. 12 AXIS PLANNING & DEVELOPMENT, LLC Ms. Carrie Holmes March 12, 2018 Page 3 Title Report/Easements BRH, Inc. Our survey will be conducted based on a title report furnished by your office. All easements, covenants and restrictions found in this report will be shown, if plottable, and will be listed in the text, if non-plottable. Our survey will be performed per ALTA/NSPS Land Title Survey Standards, 2016, Table A Items 2, 3, 4, 5, 6a, 7a, 7b1, 7c, 8, 9, 11, 13, 14, 16, 18, 19, and 20 (See Exhibit "B"). Deliverables The final survey drawing will be provided on 30"x42" sheets and plotted at 1:20 scale. Survey will be prepared using AutoCAD Civil 3D and layer entities will be per APWA standards. Stamped, signed, and dated hard copies will be provided at completion, as well as PDFs. Surveyor's data file will also be made available at completion in TXT or XYZ format. Fees Our fees to provide this service will be $57,000. Expense items, such as parking fees, tolls, printing charges and delivery fees will be billed at our cost plus 15% in addition to the above fee for our services. The terms of this proposal are valid for 60 days. Delivery Schedule We will complete and deliver the final drawing within 6 weeks of your signed authorization to proceed. Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. We always encourage our clients to request a Certificate of Insurance — something we will provide to you upon request. Thank You We appreciate the opportunity to submit this proposal and are looking forward to working with you on this project. 13 AXIS PLANNING & DEVELOPMENT, LLC Ms. Carrie Holmes March 12, 2018 Page 4 Sincerely, BUSH, ROED & HITCHINGS, INC. ACCEPTED BY: Oliver Q. Robar P.L.S. Survey Project Manager OQR/jeh Enclosure 14 BRH, Inc. AXIS PLANNING & DEVELOPMENT, LLC Printed Name: Signature: Title: Date: EXHIBIT A 15 EXHIBIT 'B' American Land Title Association® (ALTA®) Minimum Standard Detail Requirements National Society of Professional Surveyors (NSPS) For ALTA/NSPS Land Title Surveys TABLE A OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS NOTE: The twenty (20) items of Table A may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and explained pursuant to Section 6. D. ii. (g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 21. If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above): 1. Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner. 2. Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork. 3. X Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only. 4. X Gross land area (and other areas if specified by the client). 5. X Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, and originating benchmark identified. 6. X (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements. Identify the date and source of the report or letter. (b) If the zoning setback requirements are set forth in a zoning report or letter provided to the surveyor by the client, and if those requirements do not require an interpretation by the surveyor, graphically depict the building setback requirements. Identify the date and source of the report or letter. 7. X (a) Exterior dimensions of all buildings at ground level. (b) Square footage of: X (1) exterior footprint of all buildings at ground level. (2) other areas as specified by the client. X (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified. Page 1 of 3 Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 16 NSPS EXHIBIT `B' American Land Title Association® (ALTA®) Minimum Standard Detail Requirements National Society of Professional Surveyors (NSPS) For ALTA/NSPS Land Title Surveys 8. X Substantial features observed in the process of conducting the fieldwork (in addition to the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse). 9. X Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots and in parking structures. Striping of clearly identifiable parking spaces on surface parking areas and lots. 10. (a) As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties (client to obtain necessary permissions). (b) As designated by the client, a determination of whether certain walls are plumb (client to obtain necessary permissions). 11. X Location of utilities existing on or serving the surveyed property as determined by: • observed evidence collected pursuant to Section 5. E. iv. • evidence from plans requested by the surveyor and obtained from utility companies, or provided by client (with reference as to the sources of information), and • markings requested by the surveyor pursuant to an 811 utility locate or similar request Representative examples of such utilities include, but are not limited to: • Manholes, catch basins, valve vaults and other surface indications of subterranean uses; • Wires and cables (including their function, if readily identifiable) crossing the surveyed property, and all poles on or within ten feet of the surveyed property. Without expressing a legal opinion as to the ownership or nature of the potential encroachment, the dimensions of all encroaching utility pole crossmembers or overhangs; and • Utility company installations on the surveyed property. Note to the client, insurer, and lender - With regard to Table A, item 11, source information from plans and markings will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor's assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation and/or a private utility locate request may be necessary. 12. As specified by the client, Governmental Agency survey -related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). Page 2 of 3 Copyright 2016. All rights reserved American Land Title Association and National Society of Professional Surveyors \tl 2 rt 17 EXHIBIT 'B' American Land Title Association® (ALTA®) Minimum Standard Detail Requirements National Society of Professional Surveyors (NSPS) For ALTA/NSPS Land Title Surveys 13. X Names of adjoining owners according to current tax records. If more than one owner, identify the first owner's name listed in the tax records followed by "et al." 14. X As specified by the client, distance to the nearest intersecting street. 15. Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for the showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data. 16. X Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork. 17. Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork. 18. X If there has been a field delineation of wetlands conducted by a qualified specialist hired by the client, the surveyor shall locate any delineation markers observed in the process of conducting the fieldwork and show them on the face of the plat or map. If no markers were observed, the surveyor shall so state. 19. X Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in documents provided to or obtained by the surveyor as a part of the survey pursuant to Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary permissions). 20. X Professional Liability Insurance policy obtained by the surveyor in the minimum amount of $2,000,000 to be in effect throughout the contract term. Certificate of Insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. 21. Adopted by the Board of Governors, American Land Title Association, on October 8, 2015. American Land Title Association, 1800 M St., N.W., Suite 300S, Washington, D.C. 20036-5828. wwwalta. orq Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015. National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704. htto.//www. nsos. us. com/ Copyright 2016. All rights reserved. American Land Title Association and National Society of Professional Surveyors 18 Page 3 of 3 N S FPS AVFN BRH VIA EMAIL March 12, 2018 Carrie Holmes Axis Planning & Development, LLC 1529 Western Avenue Seattle, WA 98101 Bush Roed & Hitchings, Inc. Proposed Land Survey Services — Topographic and Planimetric Survey — Site FS54 Parcel no.: 1523049263 13916 42nd Avenue S Tukwila, WA 98168 Dear Ms. Holmes, We look forward to providing you with land survey services at the site referenced above, and as shown on the attached Exhibit "A". We will provide a planimetric survey showing the features on the subject site as shown in our scope of work below. Control and Datum Project boundary will be calculated with bearings and distances shown on the drawing. Street centerlines and rights-of-way will be calculated with bearings and distances shown on the drawing. Bearings of cross -streets will be calculated and shown. NAVD 88 vertical datum will be used. A minimum of three on-site benchmarks will be set. NAD 83/91 horizontal datum will be used. Topography Surface improvements All surface improvements, pavements, sidewalks, stairs, walls, fencing, signs and parking stalls will be located and shown. Building footprints and elevations Exterior building footprints will be shown along with overhangs, canopies, stairwells and recessed building entries. Finish floor elevations will be shown for the main house level, basement and garage. The chimney cap will be located and roof peak elevation will be shown. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135, Internet: nwvw,brhinc.com 19 AXIS PLANNING & DEVELOPMENT, LLC Ms. Carrie Holmes March 12, 2018 Page 2 BRH, Inc. Street channelization Existing street channelization will be shown with lane stripes and traffic arrows. Street improvements Full street widths of improvements will be shown for the surrounding streets to the opposite right-of-way lines. Spot elevation intervals Spot elevations will be shown at 25 foot intervals in the streets. Spot elevations will be taken at roadway crowns, lane stripes, edge of parking lanes, flow lines and top of curbs. Spot elevations will indicate existing curb heights. Spot elevations and contours Spot elevations will be shown to approximately 0.01 feet. One foot contour intervals and ground level entryway finish floor elevations will be shown. Topography Topography will differentiate between various surface pavements and will show where pavement changes occur (concrete to asphalt, asphalt to brick, etc.). Vegetation All landscape trees greater than 3 -inches in diameter and drip lines will be located and shown. Utilities Overhead utilities Existing utility poles, wires, bus wires, guy wires and overhead wire crossings will be shown with elevations. Surface features All surface utility features such as rims, grates and vaults will be shown. Below grade utilities All below grade utilities, including pipe types and sizes, rim and invert elevations, will be shown if record of their existence is found. Underground service lines will be marked in the field by our utility locating personnel if tracer wires or other metallic features exist below ground. Record public utility locations will be shown to the extent that such records exist. Private utility records will also be researched to the extent that they are available. We will detect and show existing traffic signal loops, where possible. Vaults It may be necessary to open Seattle City Light vaults in order to detail the size and depth of the vaults. In this case, BRH will need to coordinate with SCL crews for safety and security reasons. SCL and BRH will bill their time on a rates basis for this extra service. SCL may require payment in advance for their crew time. 20 AXIS PLANNING & DEVELOPMENT, LLC Ms. Carrie Holmes March 12, 2018 Page 3 Deliverables BRH, Inc. The final survey drawing will be provided on 30"x42" sheets and plotted at 1:20 scale. Survey will be prepared using AutoCAD Civil 3D and layer entities will be per APWA standards. Stamped, signed, and dated hard copies will be provided at completion, as well as PDFs. Surveyor's data file will also be made available at completion in TXT or XYZ format. Fees Our fees to provide this service will be $7,100. Expense items, such as parking fees, tolls, printing charges and delivery fees will be billed at our cost plus 15% in addition to the above fee for our services. The terms of this proposal are valid for 60 days. Delivery Schedule We will complete and deliver the final drawing within 25 business days of your signed authorization to proceed. Professional Responsibility for Reliability and Accuracy We Meet Professional Standards: BRH complies with National ALTA/NSPS standards and Washington state law — applicable for Topographic Mapping services. The survey we will provide to you will be based on actual, on -the -ground, field measurements and observations. We will NOT: 1) rely on mapping obtained by a 3rd party 2) copy or trace existing mapping by others 3) utilize internet-based mapping BRH certifies that all mapping information presented in your survey will be solely the work of BRH personnel, based on information we acquire on-site, and record information we research specifically for your survey. Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. We always encourage our clients to request a Certificate of Insurance — something we will provide to you upon request. 21 AXIS PLANNING & DEVELOPMENT, LLC Ms. Carrie Holmes March 12, 2018 Page 4 BRH, Inc. Thank You We appreciate the opportunity to submit this proposal and are looking forward to working with you on this project. Sincerely, BUSH, ROED & HITCHINGS, INC. ACCEPTED BY: Thomas E. Carner, P.L.S. Survey Project Manager TEC/jeh Enclosure AXIS PLANNING & DEVELOPMENT, LLC Printed Name: Signature: Title: Date: Benefits BRH Brings to this Project Value • A successful project is founded on a reliable and accurate survey • The service we provide results in a functional electronic tool for your design team. • We work with architects and civil engineers every day—and we know how much they value mapping that integrates with their needs. This includes complete mapping of detectable underground utilities and proper coverage of surface features extending beyond the project limits. Please consider the value you get with a BRH survey – our experience produces more than a map. Your team will receive an integrated design tool! BRH Offers • Over 40 years of experience with the type of survey you are requesting • Professional crews who are disciplined and sensitive to site constraints. • Underground utility locations provided by our in-house personnel • Field resources and capabilities that match the largest firms in the region. Yet, we bring the care and attention to detail found in a more compact firm. 22 Exhibit "A" King County iMap v 9043 f Lft 'A 73 Ob00450 IS c - WIA.G. I to Allt 1. n . 7 34;I10004-G(r IF 159230.49029 The information included on this map has been compfed by King County staff from a variety of sources and is subject to change vAthout notice. King County makes no representationsorwarranties,expressorimplied,astoaccuracy,completeness,trnefness, or rights to the use of such information. This document b not intended for use as a survey product. King County shall not be fable for any general, special, hdirect, incidental, or consequential damages including, but not limited to, lost revenues or bst profits resulting from the use or misuse of the information contained on this map. Any sale of this map orinformation on this map is prohbited except by written permission of King County. Date: 10/24/2017 Notes: La King County GIS CENTER 24 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Rachel Bianchi, Communications and Government Relations Manager CC: Mayor Ekberg DATE: March 12, 2018 SUBJECT: Local hiring, apprenticeship and disadvantaged business enterprises direction for the Public Safety Plan ISSUE Staff is seeking direction from the Council regarding 'use of disadvantaged businesses (DBEs), local hire priority and apprenticeship programs in the implementation of the Public Safety Plan. BACKGROUND In 2017 the Public Safety Committee reviewed options to achieve the shared goal of ensuring participation of DBEs, apprenticeships and local hires in the construction of Tukwila's Public Safety facilities. The Committee reviewed the following options: • The City could implement a policy for the Public Safety Plan that sets out specific goals for the projects for utilization of DBEs, apprenticeships and local hires, presented in May of 2017; or • Implement a more prescriptive Community Workforce Agreement/Project Labor Agreement (CWA/PLA) to achieve these goals as drafted and presented to the Public Safety Committee in October of 2017. Attached to this memo are the previous memos that reviewed both options highlighted above. Also included are the draft documents that would implement either option. Both of these routes are available to the Council to achieve the goal of ensuring participation of DBEs, apprenticeships and local hires. One other option also exists, which is to work with the City's Program Management Consultant, Shielz Obletz Johnsen and project contractors to identify project -by -project goals for the fire stations, justice center and public works facility separately. As an example, Lydig Construction, the General Contractor/Construction Management firm for the Fire Stations outlined the following targets for the fire stations: • Apprenticeship: 10% • Local Hire: 20% • DBE Utilization: 17% Attached is Lydig's memo outlining these goals and how they would work to achieve them. RECOMMENDATION The Administration recommends implementing the proposed policy for the use of DBEs, local hires and apprenticeship programs that would provide targets we would expect each of the contractors to achieve for the projects. Implementing the policy would allow the City to ensure standard expectations across all projects. It recommends that the Public Safety Plan staff work closely with each contractor to achieve these goals, but that they not be codified in a prescriptive CWA/PLA. The Council's Program Management Quality Assurance consultant concurs with this recommendation. 25 INFORMATIONAL MEMO Page 2 Staff is looking for direction from the Council and asks that the Committee provide their recommendation to the entire Council for discussion and, if resolved at that time, for consensus at the March 26, 2018 Council meeting. ATTACHMENTS May 10, 2017 Public Safety Committee Memo Proposed policies for DBE and local hiring October 10, 2017 Public Safety Committee Memo Draft CWA/PLA November 15, 2017 Public Safety Committee Memo Lydig Memo 26 Z \Council Agenda Items\Communications13-19-18 PSCom\DBE\PS DBE Memo 031218 doc City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Bob Giberson, Public Works Director CC: Mayor Ekberg DATE: May 10, 2017 SUBJECT: Public Safety Plan Local hiring and disadvantaged business enterprises (DBE) participation Pilot Policy Proposals ISSUE The Administration and Council share a goal of inclusive hiring as a part of implementing the City's Public Safety Plan. BACKGROUND Local hiring and disadvantaged business enterprise participation goals were discussed at the March 20'h Public Safety Committee and the March 27th Community Development & Neighborhoods Committee. The overarching theme from both committees was support for tools to encourage local hiring/apprenticeships and DBE participation without compromising affordability and timeliness. Formal labor agreements are very cumbersome and time consuming even for large agencies on large projects. Staff analysis has shown that implementing a formal agreement would require dedicated City staff to oversee, monitor and audit such a program. There is no funding in the Public Safety Plan or the City's General Fund for such a position. Staff has developed several pilot policy proposals that will achieve the same goal by requiring construction contractors to incorporate a set percentage of local hiring and DBEs into their work. The burden of tracking and reporting of local hires and DBEs will rest with the construction contractor and construction management team. No additional city staff will be required for these proposals. RECOMMENDATION Staff would like to include pilot specifications in our upcoming Public Safety Plan construction contracts, based on the attached pilot policy proposals. These specifications will require the Public Safety Plan construction contractors to give priority preference to local area hiring and DBE subcontractors and achieve a set percentage goal based on good faith efforts. These proposals would apply to the construction contracts for Fire Stations 51, 52, 54, the Justice Center and the new Public Works Shops. The Committee is being asked to provide feedback on the attached proposed pilot policies, which will be forwarded to the May 22, 2017 Committee of the Whole for consensus, Attachments: Local Hiring Proposed Pilot Policy DBE Proposed Pilot Policy 27 28 Proposed Pilot Policy Local Hiring for City of Tukwila Public Safety Plan Construction Projects Section 1 - Purpose. The purpose of this policy is to create a framework that encourages contractors who receive City public works contracts to hire residents of the Tukwila Area. As a pilot project, all Public Safety Plan construction contracts shall contain provisions pursuant to which the contractor promises to make a good faith effort to hire qualified individuals who are residents of the Tukwila Area in sufficient numbers so that no less than 15% of the contractor's total construction work force, including any subcontractor work force, measured in labor work hours, is comprised of Tukwila Area residents. If the GCCM delivery method is chosen instead of traditional bidding, the good faith effort certification will be adjusted to reflect corresponding milestones. Any GCCM selection process will include local hiring. Section 2 - Definitions Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) Contractor. Any person or entity, which, pursuant to a written agreement or purchase order, provides labor or materials on public works projects for the City. (b) Days. Calendar days unless otherwise specified. (c) Qualified Individual. A person who is specially trained, skilled, and experienced in the work, trade, or craft specified in the portion of the public work of improvement to be performed or who is enrolled in a certified state or federally approved apprenticeship program in the applicable trade or who is a journey person in his or her applicable trade. (d) Tukwila Area. Zip code areas within the City of Tukwila limits and zip code areas within 10 miles of the center of Tukwila (1-405/1-5 Interchange) as shown on Attachment A "Tukwila Area Zip Codes". (e) Construction Project. A City of Tukwila Public Safety Plan construction project valued at over $1,000,000, awarded by contract. (f) Resident of the Tukwila Area. An individual who is domiciled within the boundaries of the Tukwila Area immediately preceding the date of the bid advertisement by the City and who can verify his or her domicile upon request of the contractor or City by producing documentation such as rent/lease agreement, telephone and utility bills or payment bills, a valid Washington State driver's license or identification card, and/or any other similar, reliable evidence that verifies that the individual is domiciled within the Tukwila Area. 29 (g) Subcontractor. Any person or entity, which, pursuant to an agreement or purchase order with a City contractor or another subcontractor, participates in the provision of labor or materials for construction projects for the City. Section 3. Exceptions The provisions of this article shall not apply under the following circumstances: (a) Whenever a state or federal law or regulation applicable to a particular contract prohibits the provision of a local hire requirement; or (b) Whenever the City, in accordance with the requirements of this Code or state law, determines that the contract is necessary to respond to an emergency which endangers the public health, safety, or welfare. (c) Whenever the City determines that a suitable pool of persons providing specialized skills does not exist locally for a specific public works project. Whenever an exception is imposed, the basis of the exception shall be included in the staff report to the City Council. Section 4. Requirements for Contractors Submitting Bids (a) A contractor who is submitting a formal bid to the City for a construction project must promise to make a good -faith effort to hire qualified individuals who are residents of the Tukwila Area in sufficient numbers so that no less than fifteen percent (15%) of the contractors total construction work force, including any subcontractor work force, measured in labor work hours, is comprised of Tukwila Area residents. (b) A "good -faith" effort means the contractor will take the following or similar actions to recruit and maintain Tukwila Area residents as part of the construction workforce: 1. Contact local recruitment sources to identify qualified individuals who are Tukwila Area residents; 2. Advertise for qualified Tukwila Area residents in trade papers and newspapers of general circulation in the Area, unless time limits imposed by City do not permit such advertising; 3. If portions of the work are to be performed by subcontractors, identify qualified subcontractors whose workforce includes Tukwila Area residents; 4. Host a job fair for prospective local applicants; 5. Outreach to the Tukwila and Highline School Districts with informational flyers to go home with students advertising open positions and job fairs; and 5. Develop a written plan to recruit Tukwila Area residents as part of the construction workforce. (c) Every bidder must complete and sign under penalty of perjury a Certification of Good -faith Effort to Hire Tukwila Area Residents, on the form provided in the City's bid package, and submit said Certification with the sealed bid no later than the date and time of the bid opening. Bidder shall attach to the Certificate documentary evidence supporting bidder's promise to meet or make a good -faith effort to meet the local hiring goal. 30 (d) Contractor shall include in every subcontract relating to the project the requirement that the subcontractor promises to make a good faith effort to hire qualified individuals who are residents of the Tukwila Area. Contractor shall be responsible for subcontractor's compliance under this article. (e) Prior to submitting bids, bidders shall ensure that all subcontractors listed in their bids are not disqualified or debarred. (f) Contractors who have been disqualified or debarred may not submit bids during the period of disqualification. Any bid received from a bidder who is currently disqualified will be returned to the bidder unopened. Section 5. Requirements for Prospective Subcontractors (a) Any subcontractor for work, laborers or materialmen relating to a project subject to this article will be required, in his or her contract with the prime contractor, to make a good -faith effort to hire qualified individuals who are residents of the Tukwila Area. (b) A "good -faith effort" means the subcontractor will take actions such as those required of contractors to recruit and maintain Tukwila Area residents as part of subcontractor's workforce. Subcontractor shall maintain documentary evidence of such actions. (c) Subcontractors who have been disqualified or debarred may not be listed in a prime contractor's bid for a City public works project and may not submit bids during the period of disqualification. Section 6. Non-responsive Bids The City may declare a bid to be non-responsive under the provisions of this article for good cause including, but not limited to, the following circumstances; (a) If a bidder fails to complete and sign under penalty of perjury the Certification of Good -Faith Effort to Hire Tukwila Area residents and to submit said Certification with his or her sealed bid no later than the date and time of the bid opening; or (b) If a bidder fails to comply with the good -faith effort requirements set forth in; or (c) If a bidder or a subcontractor listed by the bidder has been disqualified or debarred pursuant to herein or any other disqualification action. Section 7. Required Documentation During the performance of the contract, the contractor shall keep an accurate record on a standardized form showing the name, place of residence, trade classification, hours employed, proof of qualified individual status, per diem wages and benefits of each person employed by the contractor on the specific public works project, including full-time, part-time, permanent and temporary employees. Contractor shall require all subcontractors on the project to maintain records of the same information for subcontractor's work force on the project and shall require subcontractor to provide a copy of those records to contractor 31 upon contractors request. Contractor shall make contractor's and subcontractor's records available to the City, upon request, within five working days. Section 8. Forms Submitted Under Penalty of Perjury. All forms required under this article shall be attested to as true as to the information set forth therein and shall be submitted under penalty of perjury. Section 9. Disqualification. If the City finds that a contractor to whom a City contract for public works has been awarded, or a subcontractor listed by contractor on a public works project, has failed to comply with the good -faith hiring provisions of Section 4(b) during the performance of the contract, the City may disqualify the contractor and/or subcontractor from bidding or being listed in any bid on any City contract for public works for a period of one (1) year from the date of the City's disqualification for a period of three (3) years. The City of Tukwila will keep a current list of all disqualified contractors and subcontractors on file. 32 Proposed Pilot Policy Disadvantaged Business Enterprise in City of Tukwila Construction Projects Section 1. Purpose The purpose of this policy is to ensure nondiscrimination in the award and administration of City of Tukwila construction contracts and to create a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can fairly compete. All City of Tukwila Public Safety Plan construction contracts subject to formal bidding requirements shall contain specifications pursuant to which the contractor certifies that they will make a good faith effort to achieve the contractual DBE goal. If the GCCM delivery method is chosen instead of traditional bidding, the good faith effort certification will be adjusted to reflect corresponding milestones. Any GCCM selection process will include DBE participation. Section 2. Definitions. a. Construction Contract. A City of Tukwila Public Safety Plan construction project valued at over $1,000,000, awarded by contract. b "Disadvantaged Business Enterprise" or "DBE" as defined and certified by the Washington State Office of Minority and Women's and Business Enterprises. c. "DBE Joint Venture" means an association of a DBE firm and 1 or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. d, "Good Faith Effort" means efforts to achieve a DBE goal or other requirement of this policy which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. Detailed examples of good faith efforts will be included in contract provisions. Section 3. Process a. The Contractor will solicit Disadvantaged Business Enterprise (DBE) participation through reasonable and available means, meet the specified contract DBE goal, and show a good faith effort to obtain DBE participation. b. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of any contract. c. The requirements of this policy shall be physically included in contract and subcontract documents. d. By signing a contract proposal, the Bidder will be certifying that the DBE goal as stated in the bid documents proposal will be met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment. Section 4. Contractor's Responsibilities. The Contractor must satisfy the following requirements; 33 a. Immediately after bid award of the contract, the Contractor shall submit a letter specifying details for each DBE he/she intends to use to satisfy the DBE goal or a good faith effort to explain why the goal could not be reached. b. DBE prime Contractors may receive credit toward the DBE goal for work performed by his/her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non -DBE, that information must be reported. c. A Contractor who cannot meet the contract goal, in whole or in part, shall make adequate good faith efforts to obtain DBE participation. A "good faith" effort means the contractor will take the following or similar actions to recruit and maintain DBEs as part of the construction workforce: 1) Contact local DBE sources to identify qualified DBE firms; 2) Advertise for qualified DBEs in trade papers and newspapers of general circulation in the Area, unless time limits imposed by City do not permit such advertising; 3) Host a job fair for prospective DBE participants; and 4) Develop a written plan to attract DBEs as part of the construction workforce. f. The Contractor shall not terminate for convenience a DBE subcontractor named in the bid documents. Prior to terminating or removing a DBE subcontractor named in the bid documents, the Contractor must have a written consent from the City of Tukwila. g. The Contractor shall also make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE, to the extent needed to meet the contract goal. Section 7. Records and Reports. a. The Contractor shall submit monthly reports, after work begins, on DBE payments to meet the DBE goal and for DBE or HUB race -neutral participation. Report payments made to non -DBE HUBs. The monthly report is to be sent to the Area Engineer. These reports will be due within 15 days after the end of a calendar month. These reports will be required until all DBE subcontracting or material supply activity is completed. b. DBE subcontractors and/or material suppliers should be identified on the monthly report by Vendor Number, name, and the amount of actual payment made to each during the monthly period. Negative reports are required when no activity has occurred in a monthly period. c. All such records must be retained for a period of 3 years following completion of the contract work, and shall he available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. Provide copies of subcontracts or agreements and other documentation upon req uest. d. Prior to receiving final payment, the Contractor shall submit a final DBE utilization report. If the DBE goal requirement is not met, documentation supporting Good Faith Efforts, as outlined in Section'1,A.3.c of this Special Provision, must be submitted with the "DBE Final Report." 34 14.6 98072 v 98077 98053 98185 98154P0 99144R0 PO 980085 ..varrirnaii5i°:iz t 4„98075(? • 98025P0 98038 1v6;;;;uc 98042 98010 98022 :tit: i Inion 98092 X184 NIT (4:ip:Codrel) Incorporated Areas Freeways i'i1U1114 i 3W 5 10 January 2013 ►SII King County GIS CENTER _ 17 35 36 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Laurel Humphrey, Council Analyst CC: Mayor Ekberg DATE: October 10, 2017 SUBJECT Public Safety Plan Local Hiring and Disadvantaged Business Enterprise Participation ISSUE Update on local hiring and disadvantaged business enterprise (DBE) participation in the Public Safety Plan DISCUSSION In 2017 the City Council has been exploring how to ensure or increase participation by local workers and disadvantaged business enterprises in construction of the Public Safety Plan projects. General goals were discussed at March meetings of the Public Safety and Community Development and Neighborhoods Committees, which each directed staff to return with a proposal for Council consideration. At the May 15, 2017 Public Safety Committee meeting, staff noted that the City of Tukwila does not have the staffing capacity to perform the tracking and reporting that goes along with formal labor agreements, and instead presented two draft pilot policies that would require contractors to incorporate a set percentage of local hiring and DBEs. In discussing the proposed policies, the Committee expressed concern that they would not go far enough in achieving the goals, and directed staff to return with a draft formal labor or workforce agreement, and information on potential costs. Staff has developed a draft PLA/CWA pilot agreement. Staff has also had discussions regarding a potential contract with Seattle to provide the oversight and management of a pilot PLA/CWA, since Tukwila staff lack both the time and expertise. Seattle has indicated a willingness to enter into an interagency agreement for such services and is currently reviewing the draft PLA/CWA document to provide subject matter expertise and inform the final draft with their experience. Staff has intended to return to Committee with the draft PLA/CWA and interagency agreement per direction received at the May 15 Public Safety Committee meeting. The September monthly report from the Council's Program Management Quality Assurance (PMQA) Consultant, Steve Goldblatt, noted that "The Council needs to weigh the cost and efficacy of a formal PLAICWA approach in light of your draft equity policy and the stations' budget stress. An alternative approach like the University of Washington's would be less costly and equally effective." Because there was Council consensus to address recommendations from the monthly PMQA reports through the committee process, the Public Safety Committee would like an update from staff on the status of their efforts, and an opportunity to discuss the issue would updated contextual information. DISCUSSION The Committee is asked to discuss this topic and provide direction on next steps to return to the Committee on November 6, 2017, 37 38 CITY OF TUKWILA PILOT COMMUNITY WORKFORCE AGREEMENT FOR Tukwila Public Safety Plan Fire Station Projects DRAFT: November 2017 WITH Seattle Building and Construction Trades Council 1 39 COMMUNITY WORKFORCE AGREEMENT Tukwila Public Safety Plan Fire Station Projects Parties: This CWA is an agreement between the City of Tukwila and Unions that are signatory to this Agreement. The GC/CM Contractor, and all subtier contractors, shall also be signatory upon contract award. Background Statement This Community Workforce Agreement establishes a spirit of harmony, labor-management peace, and stability, to support timely construction of Tukwila Public Safety Plan Fire Station Projects, which requires substantial numbers of construction and supporting craft workers possessing skills and qualifications vital to its completion. This Agreement assures skilled, efficient craft workers to construct the Project, and stabilizes wages, hours and working conditions for craft workers. It provides close cooperation between the City, Contractor(s) and Unions for a satisfactory, continuous and harmonious relationship. This Agreement provides an unprecedented agreement towards social equity, shared prosperity, labor equality and diversity for all of Tukwila communities. The Agreement includes: • An aspirational goal to hire 15% of the workforce from economically distressed zip codes which shall be defined and prioritized by the City; • Provide direct entry for graduates of pre -apprenticeship programs, with a goal of 20% of all apprentice hours be performed by pre -apprenticeship program graduates. • An aspirational goal that of the 15% of all project hours performed by apprentices, at least 30% of such apprentices will be people of color and 24% shall be women. • An aspirational goal that 12% of all project hours shall be performed by women and 21% of all project hours shall be performed by people of color. It is the City of Tukwila's goal to establish a policy to promote and ensure equality for women and minorities within City contracts. Minority and woman businesses and workers are under -represented on City of Tukwila construction contracts. Contractors must perform affirmative, good faith and meaningful efforts to employ and subcontract with women and minorities. The City supports development of a skilled construction workforce through apprenticeship and training organizations, particularly for women, minorities and others facing significant employment barriers. City of Tukwila Resolution 1814 requires apprentices to perform not less than 10% of the total labor hours for the life of the contract on all projects over $1 million. The local region has economically distressed areas with high unemployment and low incomes. The City recognizes various neighborhoods suffer from a significant concentration of such economic distress, which compounds the effects of economic disparity not only on the individual and families, but also on the community as a whole. The City of Tukwila supports the development of a skilled, qualified and diverse workforce for Tukwila, including skilled union workers as part of shared prosperity for all in the City. The City of Tukwila has hired an architect to design the Tukwila Public Safety Plan Fire Station Projects. The Public Safety Plan includes a voter -approved (November 8, 2016) Public Safety Bond to pay for three fire stations, guaranteed funding for fire equipment and apparatus for the life of the 20 - year bond and the construction of a Justice Center to house the City's Police Department and Municipal Court. 40 Tukwila Public Safety Plan Fire Station Projects are expected to provide many jobs for local workers and such jobs are important to the city and the region; and the parties to this agreement are working in good - faith and with affirmative efforts to promote opportunities for workers who are women, people of color, and those from economically distressed areas. The parties to this agreement value the interest and supportive involvement of community associations, stakeholders and individuals, and sought their help to create and define this CWA perspective and vision. 3 41 COMMUNITY WORKFORCE AGREEMENT Tukwila Public Safety Plan Fire Station Projects This Agreement is entered into this , 2017 by and between the City of Tukwila ("City"),its successors or assigns ("GC/CM Contractor"), and the "Unions" including the Pacific Northwest Regional Council of Carpenters, and the Seattle King County Building Trades acting on their own behalf and on behalf of their respective affiliates and members whose names are subscribed hereto and who have, through their duly authorized officers, executed this Agreement," with respect to the construction of the Tukwila Public Safety Plan Fire Station Projects ("Project"). The term "GC/CM Contractor" refers to the General Contractor/Construction Management Contractor alone. The term "Contractor" includes all construction contractors and subcontractors of whatever tier engaged in onsite construction work for the Project, including the GC/CM Contractor when it performs Project construction work. PURPOSE The Parties to this Community Workforce Agreement (CWA) acknowledge that construction of the Tukwila Public Safety Plan Fire Station Projects is important to the City of Tukwila. The Parties recognize the need for timely completion of the Project without interruption or delay. This Agreement enhances cooperative efforts between the parties through establishment of a framework for labor-management cooperation and stability. The City, Contractor(s) and Unions agree that the timely construction of this Project will require substantial numbers of employees from construction and supporting crafts possessing skills and qualifications vital to its completion. They will work together to furnish skilled, efficient craft workers to construct the Project. The parties desire to stabilize wages, hours and working conditions for craft workers on this project, to encourage close cooperation between the Contractor(s) and Unions for a satisfactory, continuous and harmonious relationship between the parties to this Agreement. In recognition of the special needs of this Project and to maintain a spirit of harmony, labor- management peace, and stability, the parties agree to abide by the terms and conditions in this Agreement. and establish effective and binding methods for settlement of misunderstandings, disputes or grievances that may arise. The Contractor(s) agree not to engage in any lockout, and the Unions agree not to engage •in any strike, slow -down, or interruption or other disruption of or interference with the work covered by this Agreement. 42 ARTICLE I SCOPE OF AGREEMENT Section 1. This Agreement shall apply and is limited to the recognized and accepted historical definition of new construction work under the direction of and performed by the Contractor(s) and Sub -Contractors, of whatever tier, which may include the GC/CM Contractor, who have contracts awarded for such work on the Project. Such work shall include site preparation work and dedicated off-site work. The Project is known as the Tukwila Public Safety Plan Fire Station Projects. The GC/CM Contractor shall require all Contractors of whatever tier who are awarded contracts for Project work, to accept and be bound by the terms and conditions of this Agreement. The GC/CM Contractor, all other contractors and subcontractors shall execute a Letter of Assent (Attachment A) before commencing work. The GC/CM Contractor shall assure compliance with this Agreement by all GC/CM Contractors. If the CWA is silent on any issue, the local Collective Bargaining Agreement(s) shall prevail; where there is a conflict, the terms and conditions of this Agreement shall supersede and override terms and conditions of any and all other national, area, or local collective bargaining agreements, except for all work performed under the NTL Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, all instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, and the National Agreement of the International Union of Elevator Constructors, with the exception of except for Article V,VI, and VII of this Project Agreement, which shall apply to such work. This is a self-contained, stand alone, Agreement and that by having become bound to this Agreement, the Contractors will not be obligated to sign any other local, area, or national agreement. This agreement contains attachments which may be updated from time to time; are incorporated by this reference; all amendments with mutual signatures of the parties are also hereby incorporated by this reference. Section 2. Nothing herein shall prohibit, restrict, or interfere with any operation, work, or function which may occur at the Project site or be associated with developing the Project. Section 3. This Agreement shall only be binding on the signatory parties hereto and shall not apply to their parents, affiliates or subsidiaries. Section 4. The City and/or GC/CM Contractor have absolute right to select any qualified bidder for award of Project contracts without reference to the existence of any agreements between such bidder and any party to this Agreement; provided, however, only that such bidder is willing, ready and able to become a party to and comply with this Agreement, should it be designated the successful bidder. Section 5. Any work identified in ROW Chapter 39.12 (Prevailing Wages) will be subject to this Agreement. Section 6. This Agreement shall not apply to City employees and nothing herein shall prohibit or restrict City employees from performing Project work not covered within this Agreement as areas and systems of the Project are inspected and construction tested by the Contractors and accepted by the City, the Agreement will not have further force or effect on such 5 43 items or areas, except when the Contractors are directed by the GC/CM Contractor or the City to engage in, modifications, and check-out required by its contract with the City during this Agreement. Section 6. The City, at its sole option, may terminate, delay and/or suspend any or all portions of the Project. Section 7. The liability of any employer and the lability of the separate unions under this Agreement shall be several and not joint. The unions agree this Agreement does not have the effect of creating any joint employer status between or among the City, Contractor(s) or any employer. ARTICLE II PROJECT CONDITIONS Section 1. Workers shall be at their place of work at the designated starting time and shall remain during work hours until their designated quitting time. As practicable given City contract requirements for the project, parking will be available to workers close to the project location. If project sites don't allow for sufficient onsite parking for workers, the Contractor will provide for transportation and/or shuttling to a nearby controlled parking lot for workers. Section 2. The Contractor has the exclusive duty to ensure all OSHA and WISHA provisions are met and exceeded in order that the safety and health of all workers is maintained at a high level. Contractors will provide a copy of the Contractor's safety rules at the preconstruction conference. The Contractor is responsible for providing personal protective equipment (PPE) per WAC 296, and is expected to replace PPE at appropriate intervals which may be subject to discussion by the Union and the Contractor. Safety rules shall be posted at the job site and shall be uniformly enforced. Section 3. Should a Contractor seek to change any safety rule during a project, such proposed changes shall be discussed at Joint Administrative Committee meetings prior to implementation. ARTICLE III WAGE RATES AND FRINGE BENEFITS Section 1. Contractors of every tier shall adhere to the applicable Federal and/or State prevailing wage rates for all craft workers, in effect at the time each Covered Project is bid. If both Federal and State prevailing wage requirements apply, the higher wage rate will prevail. Each September, Contractors of every tier shall incorporate all increases to such wage and benefits rates that are announced by the State or Federal government, as applicable, for the duration of each Covered Project. Federal updates to Davis Bacon wages will not be incorporated and updated until the annual September adjustment. Such wage increases shall be made effective the first full payroll period following the effective date. Wages shall be paid weekly on an established payday before quitting time. Workers who quit shall be paid weekly on an established payday before quitting time. Workers who quit shall be paid on the next regular payday by mail to their last known address unless such workers give adequate notice to do otherwise. Section 2. The workweek for payroll purposes will begin with the first day shift on Monday morning and end on the following Monday morning (the workweek for any project may be 44 modified by mutual consent), The Contractor will have the following options of making payment at the election of the employee in writing at the time of hire or with ten (10) business days' notice of a change: 1) negotiable check by a local bank, paid prior to quitting time at the job site; 2) direct deposit, into worker's bank account; or 3) by mail. If paid by mail, the check shall be postmarked no later than two (2) business days prior to the established payday. Section 3. The Contractor will furnish appropriate trust documents and signed letters of assent, to the Union that is covering the funds into which contributions shall be made. The Contractor will contribute to, and hereby becomes party to and is bound by bona fide pension, vacation, health and welfare, apprenticeship and training funds covering workers under this Agreement. Section 4. If contribution payments for hours worked each month as defined above are not received by the Health and Welfare Fund office or Pension Fund office within the date prescribed by the appropriate trust funds, the Fund will make every effort to resolve the delinquency with the Contractor and will notify the Contractor, Prime Contractor (if different) and the City of such delinquency with all documentary evidence of the delinquency endorsed by the Fund. ARTICLE IV HOURS OF WORK, OVERTIME AND SHIFTS Section 1. Hours of Work (Section 2 below) and Shifts (Section 4 below) may be preempted by the City contract and/or City through instruction to the Contractor, based on unforeseen project needs, provided adequate notice is given to the Union. Section 2. Hours of Work: The standard workday shall consist of eight (8) hours of work scheduled between 7 a.m. and 7 p.m. with one-half hour designated as an unpaid period for lunch. The starting time may be different (staggered) on a crew basis. The standard workweek shall be five (5) days of work, Monday through Friday. Nothing herein shall be construed as guaranteeing any employee eight (8) hours of work per day or forty (40) hours of work per week. Section 3. Overtime: All hours worked in excess of eight (8) hours per day, or forty (40) hours per week of straight -time, or outside of regular shift, Monday through Friday and Saturday shall be paid in accordance with applicable State and Federal prevailed wage requirements, There shall be no pyramiding of overtime pay. Holidays, pursuant to SMC 4.20,190 and ROW 1.16.050, are named in the City Covered Project contract specifications and include: 1. New Year's Day (January 1) 2. Martin Luther King Jr Birthday (Third Monday of January) 3. Presidents Day (Third Monday of February) 4. Memorial Day (Last Monday of May) 5. Fourth of July 6. Labor Day (First Monday of September) 7. Veteran's Day (Eleventh Day of November) 8. Thanksgiving (Fourth Thursday of November) 9. Post -Thanksgiving Friday (Friday immediately following Thanksgiving Day) 10. Christmas (December 25) Section 4. Shifts: Shifts may be established for some or all crews when considered necessary by the Contractor or as directed by the City project contract. When three (3) shifts are worked, the first, or day shift shall be established on an eight (8) hour basis, 8 the second shift shall be established on a seven and one-half (7 1/2) hour basis and the third shift shall be established on a seven (7) hour basis. The pay for the second and third shifts shall be the equivalent of eight (8) 7 45 hours pay at the employee's regular hourly rate. When shift work is established, it must continue for a minimum of five consecutive days on a schedule of 8 hours per day, 5 days a week. If only two shifts are to be worked, each shift will work eight (8) hours for eight (8) hours pay. In any shift change 2 business days' notice to the affected union shall be provided. There shall be no split shifts. Other shift provisions may be established by mutual consent of the parties. Section 5. Meal Period: Workers shall not be required to work more than five hours from the start of the shift without at least one-half hour unpaid uninterrupted break for lunch. This lunch period shall not begin earlier than three and one-half hours after the start of the shift. In the event that the Contractor establishes a ten-hour shift, the meal periods shall be at mid -shift. The worker meal periods may be staggered on an individual basis. a) If a craft worker is required to work more than five hours before breaking for lunch, they shall be paid one-half hour at the applicable overtime rate and shall eat their lunch on company time. b) An additional hour of overtime pay shall be provided in lieu of lunch. c) Craft workers required to work more than two hours after the end of an eight-hour shift and one hour after a ten-hour shift shall be furnished a meal and paid one-half hour at the applicable wage rate and every five hours thereafter a craft worker shall be given time for a meal. Mealtime shall be paid at the applicable overtime rate and adequate lunch shall be provided by the Contractor at the jobsite. d) An additional hour of overtime pay shall be provided in lieu of a second lunch. Section 6. Rest Facilities: Adequate sanitary and restroom facilities will be provided at the work location to allow workers to wash-up before and after their meal. The Contractor shall furnish warm, dry, lighted rooms of ample size equipped with heat for drying clothes and with benches and tables for use during meal periods. These are to be situated close to the site of the work and shall not be used for storage of materials or equipment. Section 7. Reporting to Work Pay: Any worker who reports for work (except when given notification not to report to work 2 hours prior to shift), and for whom no work is provided, shall receive two (2) hours pay. Any worker who reports for work and for whom work is provided, shall be paid for actual time worked but not less than four (4) hours. If the job is shut down because of adverse conditions that prevent work and are beyond the control of the Contractor, workers shall be paid for actual time worked but not less than two (2) hours. Procedures for the Contractor to use to cancel work shall be agreed upon at the pre job conference. ARTICLE V UNION RECOGNITION Section 1. The Contractor(s) recognize the signatory Unions as the sole and exclusive bargaining representatives of all craft employees within their respective jurisdictions working on the Project within the scope of this CWA. Section 2, All employees covered by this CWA who are Union members and working for a contractor signatory to a collective bargaining agreement other than this CWA, shall remain members in said Union during the term of this CWA. Section 3. For all employees, not members of a Union, becoming and remaining a member of the Union shall not be required for employment under this CWA. All workers not currently a member of the appropriate Union signatory to this CWA shall, however, be required to pay a representational fee for the period during which they are performing covered work. Section 4. The Contractor(s) agree to deduct Union Dues or Representation Fees from and remit 46 same to the Union monthly. Employees will be required to sign an authorization form. Section 5. Authorized Union representatives shall have reasonable access to the Project, provided they do not interfere with the work of the employees, and provided that such representatives fully comply with the visitor, safety and security rules established for the Project. Section 6, The Business Representative(s) for each of the Local Unions signatory hereto shall have the right to designate for each shift worked with each Contractor one (1) working journey -level worker as Steward for all related craft personnel, who shall be recognized as the Union's representative for a signature hereto. Such designated Stewards shall be qualified workers assigned to a crew and shall perform the work of their craft. Under no circumstances shall there be a non -working steward on the job. Section 7. The working Steward shall be paid at the applicable wage rate for the job classifications in which they are employed. Section 8. Steward(s) for each craft of the signatory Unions employed on the Project shall be permitted on the Project site at all times. They shall not be subjected to discrimination or discharge for performing proper union business. The Unions agree that such business shall not unreasonably interfere with the Steward's work for the Contractor. Section 9. The employee selected as Steward shall remain on the job if there is work within their craft for which they are qualified, willing, and able to perform. The Contractor shall be notified in writing of the selection of each Steward. The Contractor shall give the Unions prior written notice before discharging a Steward. Section 10. The Steward may not cause or encourage a work stoppage and, if found guilty of instigating such action, will be subject to disciplinary action by the Contractor, including discharge, Section 11. The Steward's duties shall not include hiring and termination. Section 12. The Stewards shall be given the option of working all reasonable overtime within their craft and shift provided they are qualified to perform the task assigned ARTICLE VI MANAGEMENT'S RIGHTS Section 1. Contractors retain full and exclusive authority for management of their operations. Except as limited by this Agreement, Contractors shall direct their working forces at their prerogative, including, but not limited to hiring, promotion, transfer, lay-off or discharge for just cause. No rules, customs, or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees. Contractors shall utilize the most efficient method or techniques of construction, tools, or other labor-saving devices. There shall be no limitations upon the choice of materials or design, nor shall there be any limit on production by workers or restrictions on the full use of tools or equipment. There shall be no restriction, other than may be required by safety regulations, on the number of employees assigned to any crew or to any service. Section 2. The parties agree to participate in a Joint Administrative Committee (JAC) to address safety, targeted hiring, apprenticeship utilization, preferred entry, job progress and any other 9 47 relevant issues that will affect the Project. The parties agree to address issues as they arise and correct disputes in a timely manner. Community representatives are invited to attend and not limited by number. Only signatory parties to this Agreement shall have voting rights when the JAC makes a decision by vote. Section 3. Upon referral or dispatch from a Union, "turnaround" or refusal of any worker by the Contractors, requires a written explanation from the Contractor that shall be communicated from the GC/CM Contractor to the City and affected Union within 48 hours. Such turnaround explanations shall be available in a timely way by the City for community review, redacted and subject to limitations of law Section 4. If the signatory Unions are unable to fill a request for employees within 48 hours, the Contractor must first consider the City worker recruitment and referral service. Section 5, The City will provide project oversight and administration through internal dedicated staff or third -party administration. To provide transparency, monthly reports will be generated by the GC/CM Contractor and prepared by the City for the monthly JAC. Copies of redacted certified payroll and daily worker sign in sheets will be made available for viewing upon request redacted and subject to the limitations of law. ARTICLE VII WORK STOPPAGESA ND LOCKOUTS Section 1. During this Agreement, there shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity for any reason by the Union, its applicable Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union, or employee to cross any picket line established at the Project site violates this Article. Section 2. The Union and its applicable Local Union shall not sanction, aid or abet, encourage, or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor's project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which violate this Article. Any employee who participates in or encourages any activities which interfere with the normal operation of the Project shall be subject to disciplinary action, including discharge, and if justifiably discharged shall not be eligible for rehire on the Project for a period of not less than ninety {90} days. Section 3. Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct order and use the best efforts of his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order, and use the best efforts of his office to cause the employees the Local Union represents to cease any violations of this Article. A Local Union complying with this obligation shall not be liable for Unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instance shall not be deemed a waiver of its right in any other instance. 48 ARTICLE VIII DISPUTES AND GRIEVANCES Section 1. This Agreement promotes close cooperation between management and labor. Each Union will assign a representative to this Project, to ensure the Project is completed economically, efficiently, continuously, and without interruptions, delays, or work stoppages. Section 2. The Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of Project work, and agree to resolve disputes under the grievance -arbitration provisions in this Article. Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures: Step 1. (a) When any employee subject to this Agreement feels he or she is aggrieved by violating this Agreement, he, or she, through his or her local union business representative or job steward, shall, within five (5) working days after the occurrence of the violation, give notice to the work -site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the job steward and the work -site representative of the involved Contractor and the GC/CM Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing (copying the GC/CM Contractor) when the meeting concluded but not later than twenty-four (24) hours. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the information concerning the alleged grievance, including a short description, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated. (b) Should the Local Union(s) or the GC/CM Contractor or any Contractor have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and step 2 as outlined for the adjustment of an employee complaint. Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement. Meeting minutes shall be kept by the Contractor. If the parties fail to agree, the dispute may be appealed in writing under Step 3 within seven (7) calendar days. Step 3. (a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they cannot do so, they shall request the American Arbitration Association to provide them with a list of arbitrators from which the Arbitrator shall be selected. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally be the Contractor and the involved Local Union(s), 11 49 (b) Failure of the grieving party to adhere to the time limits established shall render the grievance null and void. The time limits established may be extended only by written consent of the parties involved at the step where the extension is agreed upon. The Arbitrator shall have the authority to decide only issues presented to him or her, and he or she shall not have authority to change, amend, add to, or detract from this Agreement. Section 4. The GC/CM Contractor and City shall be notified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in all proceedings at these steps. ARTICLE IX JURISDICTIONAL DISPUTES Section 1. The assignment of work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be under the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan. Section 2. All jurisdictional disputes on this Project, between or among Building and Construction Trades Unions and employers, parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractors and Unions parties to this Agreement. Section 3. All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow -down of any nature, and the Contractor's assignment shall be adhered to until the dispute is resolved. individuals violating this section shall be subject to immediate discharge. Section 4. Each Contractor will conduct a pre -job conference with the appropriate Building and Construction Trades Council 2 weeks prior to commencing work. The GC/CM Contractor and the City will be advised in advance of all such conferences and may participate if they wish. After attending a pre -job conference once, Contractors may submit a waiver requestto the City, waiving the requirement to attend future pre -job meetings when they are performing the same scope of work (see Pre -job Package and Pre -Job Waiver forms in Attachment C). The City and Unions will mutually agree upon granting any such waivers. Should an emergency make it impracticable for a Contractor to attend a pre -job two weeks prior to placement, the Contractor may give less than two weeks' notice and request a pre - job meeting by contacting the City. ARTICLEX SUBCONTRACTING Section 1. The GC/CM Contractor agrees that no Contractor shall subcontract any Project work except to a person, firm or corporation party to this Agreement. Any Contractor working on the Project shall, as a condition to working on said Project, become signatory to and perform all work exclusively under this Agreement. 50 Section 2. If a Building Trades Union that traditionally represents construction employees in the geographic area of the of the Project chooses not to become signatory to this Agreement, the GC/CM Contractor and signatory Unions shall utilize one or both of the following options to ensure that work may be claimed by the non -signatory Union ("claimed work") is completed without disrupting the Project: (a) The signatory Unions will provide the GC/CM Contractor and all other contractors and subcontractors who become signatory to this Agreement with the appropriate workforce to perform the claimed work. The wage and fringe benefit package for such work shall be in Appendix A. The GC/CM Contractor may utilize any contractor or subcontractor to perform claimed work except that if such contractor or subcontractor is party to an agreement with the non -signatory Union, such Union must agree in writing to abide by ARTICLE VII (Work Stoppages and Lockouts) and Article VII, Jurisdictional Disputes, for the contractor to be awarded work under this Agreement. Such contractor may utilize its existing workforce and wage and benefit package. Such contractors shall be required to agree in writing to be bound to and abide by this Article, Article V, Work Stoppages and Lockouts, and Article VII, Jurisdictional Disputes. No other provision shall apply to such contractors unless required by the GC/CM Contractor. Woman and Minority Business. Section 3. The GC/CM Contractor and the Unions commit to conduct outreach to woman and minority subcontractors to encourage woman and minority subcontracting on the Project. The City and Unions agree to meet with open shop contractors to provide training and assistance about working under the Community Workforce Agreement. Section 4. Any Contractor conducting a bid process for work to be performed for the Project, shall notify any bidder of about the requirement to comply with the terms and conditions of this Agreement. Section 5. If a Contractor subcontracts any work covered by this Agreement, such subcontractors of all tiers, shall become signatory to this Agreement, prior to beginning work on the Project. Section 6. Whenever a Contractor needs to satisfy woman and minority participation goals stated within the City Contract for the Project, the Union whose work is involved and the Contractor, by mutual agreement, may waive Article III Section 3 and 4 in the event the Contractor is unable to otherwise find qualified and competitive woman and minority subcontractors. Section 7. When union subcontractors are not available in the local ty of the jobsite to perform the work and the Contractor receives no competitive bids, by mutual agreement, the Union whose work is involved and the Contractor may waive the Community Workforce Agreement. ARTICLE XI CORE WORKERS Section 1. The parties agree that non -signatory contractors of any tier often have core workers, also referred to as core employees, that they use commonly on their work and who contribute to the efficiency and competitiveness of those non -signatory contractors. The parties seek to remove barriers for non - signatory Contractors so they can compete effectively on projects covered by the CWA without unnecessarily displacing their own workers to do so. The non -signatory contractor may bring as many as five core workers onto the Covered Project for each 13 51 contract accordingly. Section 2. Core Workers are those that have worked on the Contractor' payroll a minimum of one thousand five hundred (1500) hours within the craft classification over the last two year period from the date of dispatch to the Covered Project and have also been on the Contractors active payroll for at least sixty (60) out of the ninety (90) calendar days prior to the execution of the contract for the affected Contractor. All Core Workers shall meet the minimum journey level qualifications of the craft they are performing, and shall hold all required licenses and certifications for the work of their craft. Section 3. The Contractor shall provide documentation at the pre -job conference identifying their Core Workers on the project and their scope of work. The City shall monitor Contractor compliance to this Core Worker definition. ARTICLE XII EMPLOYMENT DIVERSITY Section 1. The City will set a requirement for the project that directs the Prime Contractor to utilize workers from economically distressed ZIP codes within the City of Tukwila and South King County for a specified share of total hours worked on the project by apprentices and journey level workers. Workers that qualify towards those requirements shall be called "Priority Workers." Section 2. Unions shall first dispatch Priority Workers, and shall continue to prioritize the dispatch of such workers even after the required percentages are stabilized and suggest the Prime Contractor will achieve the requirements. The Union shall prioritize dispatch of Priority Workers who are residents of Tukwila ZIP codes first, and then dispatch Priority Workers from ZIP codes in South King County (Attachment B). Labor hours performed by workers living outside of Washington will be excluded from priority worker calculations that the City performs when calculating whether required percentages of total Priority Worker hours were achieved. The Prime Contractor may receive a credit of up to 10% of the hours performed by Priority Workers, if they hire workers from the Priority ZIP codes who perform nonmanual work and continue to employ said workers in these positions for the duration of the Contractor's work on the Covered Project. Such substitutes must be approved by the Public Safety Plan Manager. The Union will dispatch women and people of color in a manner that best supports the aspirational goals for their utilization as agreed upon within the contract for the Covered Project. ARTICLE XIII APPRENTICESHIP UTILIZATION Section 1. The parties agree to utilize apprentices from Washington State Apprenticeship Training Council (WSATC) programs for at least 15% of total project hours with a further goal that this requirement be met by craft, dependent on the hours required for that scope of work and should be established in line with Local Area Standards including the following: total labor hours, ratio of materials cost to labor cost, and type of work/crafts required. All contractors and subcontractors of whatever tier shall submit an apprenticeship utilization plan at their pre -job meeting and agree to submit weekly certified payrolls identifying all WSATC registered apprentices. 52 14 Section 2. The parties agree to hire WSATC apprentices on the project and to facilitate the participation of people of color, women and persons from economically distressed areas, in such apprenticeship programs, and increase the opportunities for participation people of color and women, as well as those from economically distressed areas. The goal established for minority apprentice training is 30 percent of the total apprentice training hours. The goal established for Women apprentice training is 24% of the total apprentice training hours. The goals for minorities and women shall be included in the apprenticeship utilization plan. Section 3. Identification and selection of qualified applicants shall include the Contractor(s) where candidates have been proposed by GC/CM Contractors and the individual apprenticeship program's designated representative. The final selection decision will be the responsibility of the Joint Apprenticeship Training Committee (JATC). 15 53 ARTICLE XIV VETERAN ENIPLCYIVIENT Section 1. The Contractors and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans interested in careers in the building and construction industry. The Employers and Unions agree to utilize the services of the Center for Military Recruitment Assessment and Veterans Employment ("Center") and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties. Section 2. The Unions and Contractors agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on this Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience. Section 3. This agreement seeks to include Helmet to Hard Hat qualified applicants from within the economically distressed zip codes as defined by the City. ARTICLE XV PREFERRED ENTRY Section 1. The parties agree to construct and expand pathways to good jobs and lifetime careers for community members through collaborative workforce development systems involving community-based training providers and union -based apprenticeship programs. This program facilitates a workforce reflective of the City of Tukwila, supporting goals of workforce inclusiveness. Section 2. This CWA establishes a Preferred Entry program that will identify individuals, especially women, people of color, and those from economically distressed ZIP codes as defined by the City, who meet entry standards for WSTAC apprenticeship programs that allow qualified preferred entry applicants into their programs. Preferred Entry candidates shall be placed with Contractors working on the project, subject to an interview if requested by the Contractor. Selected Preferred Entry candidates who are not already first year apprentices shall become first period apprentices. To give preferred entry apprentices an opportunity to become established in their apprenticeship training, Contractors must employ Preferred Entry candidates for 350 hours, in order to count that candidate toward the Preferred Entry requirement. The City may reduce the number of required hours to a minimum of 350 hours on the project if insufficient total apprentice hours can support placements of a 700 -hour duration. Section 3. The Prime Contractor shall ensure one (1) of each five (5) apprentices on the project is from a recognized Pre -Apprenticeship program. Such programs include the Apprenticeship and Non -Traditional Employment Program for Women (ANEW), YouthBuild, Helmets to Hard Hats, King County Pre -Apprenticeship Construction Education (KC PACE), Ironworkers Pre -Apprenticeship Program, TERO Vocational Training Center (TVTC), Seattle Vocational Institute — Pre -Apprenticeship Construction Training (PACT), the Trades Related Apprenticeship Coaching Program (TRAC), Cement Masons Pre -Apprenticeship Program or other mutually agreed-upon programs that serve people 54 living in economically distressed ZIP codes, people of color, women and/or veterans. The list of such programs may be updated by mutual agreement between the City and the Seattle Building and Construction Trades Council. Section 4. The Unions and Prime Contractor agree to ensure hiring of Preferred Entry apprentices during the early start of work on the project. The City, Unions and Contractors recognize Preferred Entry Apprentices that are still completing their first two years of apprenticeship. Section 5. If a preferred entry apprentice leaves, Contractors will replace that apprentice with another from the preferred entry program. Section 6. The hours worked by eligible Preferred Entry qualified applicants hired from such distressed economic ZIP codes will count towards accomplishment of the Priority Worker requirements. Section 7. Identification and selection of qualified applicants shall include the Contractor(s), where candidates have been proposed by Contractors and the individual apprenticeship program's designated representative. The final selection decision will be the responsibility of the Joint Apprenticeship Training Committee (JATC). ARTICLE XVI TERM Section 2. The agreement shall continue in full force and effect for the project construction period until completion. Either party desiring to extend this agreement can provide written notice as soon as practical. The parties may mutually agree to amendments or modifications of the agreement. City of Tukwila Signature: Mayor Allan Ekberg Date: [HOLD FOR TRADES SIGNATURE BLOCKS] 17 55 Attachment A Comm unity Workforce Agreement Letter of Assent CONTRACTOR/SUBCONTRACTOR AGREEMENT TO BE BOUND Tukwila Public Safety Plan — Fire Station Projects City of Tukwila Contract Number: Contractor/Subcontractor has been awarded construct on work within the scope of the Tukwila Public Safety Plan Fire Station Projects and hereby agrees to be bound by all its terms and conditions, For the Contractor/Subcontractor: Signature Title Date Confirmatbn of Receipt: Rate CONTACT ADDRESS: PHONE NUMBER(S) 56 18 Attachment B The letters attached as Attachment Bwillbeupdated by the Unions to be applied tothe Tukwila Public Safety Plan Fire Station Projects 19 57 58 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Rachel Bianchi CC: Mayor Ekberg DATE: November 15, 2017 SUBJECT: Local hiring, apprenticeship and disadvantaged business enterprises direction for the Public Safety Plan ISSUE Staff is seeking committee direction as to how we achieve our shared goals of including local hiring, disadvantaged business enterprises (DBEs) and apprenticeships on Public Safety Plan projects. BACKGROUND In May, staff brought to committee draft pilot policies to secure local (within 10 miles of Tukwila) workers on Public Safety Plan projects and encourage the use of DBEs in the construction of the projects. The City's previous resolution of utilizing apprenticeships on public works projects over $1 million would also apply. Staff was directed to return with a more formal approach to securing these policy goals due to the concern that such policies were more aspirational in nature. Staff has been working to develop a draft Community Workforce Agreement/Project Labor Agreement (CWA/PLA) and has sought technical assistance from the City of Seattle. Seattle staff reviewed the draft agreement attached here and provided insight into their experiences executing and monitoring CWA/PLAs. In the meantime, the Council's Program Management Quality Assurance (PMQA) consultant noted in the September monthly report that "The Council needs to weigh the cost and efficacy of a formal PLA/CWA approach in light of your draft equity policy and the stations' budget stress. An alternative approach like the University of Washington's would be less costly and equally effective." The Public Safety Committee discussed the PMQA's observations at the October 16 council meeting and directed staff to return with both the CWA/PLA, which it had not yet seen, and the initial draft policies. There are many different reasons to choose either option. Below are facts that may help the Committee provide additional direction to staff: • The City's RFP process for the GC/CM for the fire stations included scored questions on firms' experience with and commitment to workforce diversity. This will also be true for the Justice Center and Public Works facility. • The GC/CM selected for the fire stations is a signatory to both the carpenters and laborer's collective bargaining agreement (CBA), meaning that they already comply with all working condition issues laid out in the CWA/PLA. However, the local hire portion is not in the CBA they are currently under. • A CWA/PLA would require ongoing monitoring, auditing and job -site visits by either staff or a third -party consultant charged with this task. The City does not currently have budget or staff available for this. • Lydig, the GC/CM selected for the fire stations, has a strong commitment to DBE and local workforce diversity. They have a dedicated staff member focused on these issues and 59 INFORMATIONAL MEMO Page 2 have ongoing relationships with DBE contractors and organizations such as Tabor 100. They have identified strategies for local networking and outreach activities in the area and have an active mentoring and technical support program for potential local subcontractors and suppliers. They have experience exceeding aspirational DBE achievement goals, including: o Bow Lake Transfer Station: Owner's DBE utilization goal was 15%, Lydig achieved 27.2% with a 15% apprenticeship utilization. o Cascadia Elementary & Robert Eagle Staff Middle Schools: Owner did not have a DBE utilization goal, Lydig achieved 24% with a 15% apprenticeship utilization. o Mt. Rainier High School (Des Moines): Achieved 26% DBE utilization. • A CWA/PLA ensures no work stoppages, strikes, pickets or lockouts. • A formally adopted CWA/PLA could result in a change order from the contractor, increasing the cost of the overall project. RECOMMENDATION Staff is seeking direction from the committee as to which direction to move forward to achieve our shared goals of local workforce participation, and DBE and apprenticeship utilization. ATTACHMENTS -May 10, 2017 Public Safety Committee Memo and proposed policies for DBE and local hiring -October 16, 2017 Public Safety Committee Memo -Draft Community Work Force Agreement/PLA W.12017 Info Memos\PS CWAIPLA or Aspirational Memo.doc 60 ILYDIG Achieving Diversity Goals on the Tukwila Fire Stations Project Proposed Goals SBE/DBE/WMBE Goal: 17% Local Hire Goal: 20% Apprenticeship Goal: 10% Approach to Maximize Participation To start, we will first reach out to labor pools, subcontractors, and suppliers in the Tukwila community, including certified SBE/DBE/WBE firms to solicit and achieve participation under this contract. We track and maintain documentation of our efforts and the results reported upon request. Such outreach efforts shall include the following activities: • Local Networking/Outreach Events and planned connections to: o Tukwila Chamber of Commerce and Rotary Club of Tukwila presentations o Washington PTAC o Tukwila Workforce Agencies o AGC of Washington • Local labor organization • Local Advertising and Public Notices • Provide Business/Technical Support to potential local subs and suppliers • Relationship and Business Mentoring Program • Providing information to potential subs and suppliers on where to obtain plans, specifications and requirements under Lydig's Smart Bid database • Identify and make efforts to assist local firms, regarding bonding, certificate of insurance, materials, supplies and equipment We will identify all scopes of the work that could be performed by local and regional firms to facilitate participation that reflects the true abilities and resources of the region. We are very successful in talking to P 6; t; E I 1 3180 139th Ave SE Ste 110 Bellevue WA 98005 www.lydig.com i 61 local subs and suppliers early on in the preconstruction phase to better understand what work scopes are best suited for the local subs and suppliers and to target package strategies that maximize those resources and skills. We have consistently received at least three responsive bids per bid -package due to our proven outreach and communication strategies. Outreach and Communication We have a strong pool of qualified subcontractors and suppliers statewide, including many located in King County. This list of qualified vendors was compiled over decades working across the state, based on projects built in nearby Tukwila communities in King County. We will bring that level of local commitment to further develop existing and new relationships during the preconstruction process. Procurement Specifics to Support Participation As we prepare for the project and for the outreach to the local community, we will share research and knowledge gained from the local vendors with the project team to ensure our outreach strategies and approach for arranging and packaging subcontracts and negotiated work packages is understood. Customizing the work packages to consider local needs and desires, as well as providing well thought out scopes of work and relevant information about local subcontracting opportunities on this project will encourage the participation of local subs and suppliers. We will disseminate this information in the joint communications and joint outreach events, as well as on our website. We will also work with various public and local agencies. As the design evolves through design development, the bid packages will also be developed and refined representing the optimal presentation for local subcontractors and suppliers. We will tailor the bid packages to be: • Easily understood by the trades. • Representative of the scopes of work within their standard scopes performed. • Presented in a logical sequence of installation that will help them to be efficient and cost effective. The packages will be organized and written in a way that will attract competitive subcontractor pricing that is consistent with the previously established budgets. Page 2 3 62 Apprenticeship Goals In addition to our outreach to local and disadvantaged businesses we are committed to meet the City's goal of 10% utilization of apprentices for the project. Each of our subcontractors will be required track and report on apprentice ship utilization on a monthly basis. The apprenticeship goals are made a hard requirement of every contract. This ensures compliance. Community Inclusion Plan leadership Our outreach and diversity efforts will be managed by Dee Riley who has been hired as consultant. She will attend outreach events and community stakeholder meetings. Rhonda Bergeson will track all compliance with subcontractors and labor force. Our project team will participate in outreach and community events as well as lead the bid strategy and contracting efforts. 313 63 64 CY) 01 City of Tukwila Fire Stations 51, 52, 54 Project Approach to Workforce Diversity LYDIG WORKFORCE DIVERSITY TOPICS • Apprenticeship Program • DBE Strategies • Demonstrated Success ILYDIG Apprenticeship Program Apprenticeship Goal = 10% • Lydig has delivered 15% or more in Apprenticeship utilization on past projects • This a contractual requirement for our subcontractors 0) WORKFORCE DIVERSITY ILYDIG DBE Strategies LOCAL POOL OF SUBCONTRACTORS AND SUPPLIERS Local Subcontractors and Suppliers (initial identification) Minority Owned Business (OMWBE - Federal) City of Seattle - Self Identified Emerging Small Business I 1 Disabled Veteran Owned Business Enterprise M 4 Disadvantaged Business Enterprises (OMWBE - Federal) Federal Woman -Owned Small Business U 2 Federal Veteran -Owned Small Business I 2 Federal Service -Disabled Veteran -Owned Business ■ 3 Federal Small Disadvantaged Business ■ 3 Federal SBA 8a Certification U 2 Federal Small Business 1 5 Federal HUB Zone Certification 0 Small Woman Business Enterprise U 2 Woman -Owned Small Business M 6 Washington's Electronic Business Solutions - Self Identified Woman Owned Business (OMWBE - Federal) 30 Small Minority Business Enterprise MI 4 Service -Disabled Veteran -Owned Small Business 7 Service -Disabled Veteran -Owned Business ■ 3 Small Contractor and Supplier Certification (King County) Small Business (OMWBE - Federal) Small Business 8(a) Business Development Veteran Owned Small Business Veteran Owned Business WORKFORCE DIVERSITY Al 165 175 = 180 r1, 269 Local DBE Subs &Suppliers 11 0 12 15 189 50 100 150 200 225 I 223 ILYDIG DBE Strategies OUTREACH Tukwila Fire Stations Approach • Local Networking/Outreach Events and planned connections to: » » Tukwila Chamber of Commerce and Rotary Club of Tukwila presentations Washington PTAC Tukwila Workforce Agencies AGC of Washington • Local labor organization • Local Advertising and Public Notices • Relationship and Business Mentoring Program 0) (0 » Provide Business/Technical Support to potential local subs and suppliers WORKFORCE DIVERSITY Providing information to potential subs and suppliers on where to obtain plans, specifications and requirements under Lydig's Smart Bid database Identify and make efforts to assist local firms, regarding bonding, certificate of insurance, materials, supplies and equipment ILYDIG 0 DBE Strategies OUTREACH Meetings and Events • Tukwila Fire Stations focused outreach events » WORKFORCE DIVERSITY One outreach event several months before procurement begins One outreach meeting just prior to announcement for bids Will attend all meetings scheduled with the community for the Tukwila Public Safety Program • Monthly Meetings » NAMC » Tabor 100 • Outreach Events with Agencies March - Alliance NW Government Contracting Training & Outreach Event April - King County Regional Contracting Forum ILYDIG DBE Strategies TRACKING Landsburg Facilities & Chlorination Project Seattle Public Utilities WORKFORCE DIVERSITY ouuWnueunig r,en Current WMBE Contract Value $ 6,630,246 Original goal 22% $ 1,247,877 20% Current calculated % on curer� Current Goal with CO's* 22% $ 1,458,654 1,322,096 $ 986,086 Spread Work Inclusion Actual Inclusion Bid Package # Spec Scope Description Bid Package Estimate Apparent Low Bidder Awarded Amount without Bond, GCCM fee &tax MACC WMBE Goal Final Bid WMBE Percentage Goal WMBE Expected (50% Inc. Form) WMBE Amount (by budget) Spread Work Bidders WMBE Final Anticipated WMBE Contract Amount Current Payments Actual WMBE % NSS Negotiated Support Services Total NSS $443,405 16% 15.31% 67,875 51,142 51,185 100% NSS 555 - Surveying Surveying $7,500 lAlliance Geomatics $ 4,800 100.00% bAlliance, Whiteshield, LDC, SAEZ Engineering 7,500 IA/lance, Whiteshield, LDC, SAEZ Engineering MBE 10,078 10,078 100% NSS N50-Fill/Grade Existing Roads Road Repairs $10,000 100.00% 10,000 WBE #DIV/01 NSS NSS -Trailer Cleaning & Final Cleaning Trailer Cleaning $6,400 100.00% Accountable Custodial & Maintenance 6,400 The Home Team, Accountable Cleaning MBE 6,480 6,480 100% NSS N55- Temporary Power Connections to Trailers Temp Power $2,400 CETS $ 11,000 0% 100.00% 11,000 Fuller, CETS MBE 11,000 11,000 100% NSS NSS- Document Reproduction Reproduction $8,250 United Reproduction 100.00% 8,250 MBE 2,822 2,822 100% NSS N55- Equipment Fueling Fueling $6,325 Seaport 100.00% 6,325 WBE 15,294 15,294 100% NSS NSS- Office Supplies Supplies $0 Keeneys 0.00% 1,000 WBE 964 1,007 104% NSS NSS- Crane Services Hoisting $2,000 Magnum 100.00% 2,000 MBE 2,382 2,382 100% NSS NSS - Project Signage Signage $1,000 Signs Now 100.00% 1,000 MBE 2,122 2,122 100% 1 Bid Package #1 Electrical Total Electrical $ 1,239,303 Valley $ 1,114,500 30% 35% $ 445,055 Cochran, CETS, Ekon 314,834 183,087 58% 1 Spread Work & Guarantee WMBE - Mobile Electric Distributors 0% $ 178,260 WBE 186,666 183,087 98% 1 Spread Work WMBE - Fuller Electric 0% $ 266,795 WBE #DIV/01 1 Transcom Generator 0% $ 126,528 _ MBE 126,528 115,321 91% 1 Magnum Crane Set Gen 0% $ 1,640 MBE 1,640 1,254 76% 2 Bid Package #2 Plumbing/HVAC Total Mechanical $ 364,000 Johansen $ 598,391 22% 12% $ 71,045.00 Johansen, Apollo, Holmberg, Hermanson, Hawk 72,661 72,661 100% 2 Spread Work WMBE - Laboratory Design & Construction 0% $ 12,125 WBE 11,080 11,080 100% 2 Guarantee WMBE - Air Flow Mechanical 0% $ 58,920 MBE 61,581 61,581 100% 3 Bid Package #3 LOC Building LOC Bldg $ 1,678,937 Lydig $ 1,633,253 24% 21% $ 295,051.00 489,536 315,635 64% 3 Spread Work & Guarantee WMBE - Ceramic Tile Bear Creek $ 21,096 $ 21,096 aearcreekrile - - #DIV/01 3 Spread Work & Guarantee WMBE - Concrete Floor Polishing Ironclad $ 7,633 $ 7,633 Ironclad - - #DIV/01 3 Guarantee WMBE - Queen City Queen City _$ 225,850 _$ 225,850 Donee City WBE 272,725 272,725 100% 3 Change flooring sub to Fryor Knowles Fryor Knowles $ 40,472 Fryer Knowles WBE 44,548 42,910 96% 3 Change order for epoxy flooring -Ironclad Ironclad $ 28,755 MBE 31,369 31,369 100% 3 Guarantee WMBE - Rainier Steel - Rebar Rainier Steel $ 44,000 $ 44,000 MBE 51,655 49,064 95% 3 Corona Steel - Steel erection Corona $ 40,965 MBE 59,144 59,144 100% 3 Profile Steel -Joists & decking Profile $ 26,364 WBE 30,095 30,095 100% 4 Bid Package #4 Fire Suppression Fire Prot. $ 105,950 Fire Sprinklers Inc $ 23,515 25% 0% $ - Fireshield, Reliance, Fox Fire Protection NA #DIV/0! 4 Spread Work WMBE- 0% $ - #DIV/0! 4 Spread Work WMBE - 0% $ - #DIV/0! 5 Bid Package #5 Demo and Abatement Demo $ 97,435 NCM $ 61,358 23% 23% $ 14,113.00 NCM, Ascendent 5,355 5,355 100% S Spread Work & Guarantee WMBE - Magnum Crane 0% $ 14,113 Magnum Crane MBE 5,355 5,355 100% 5 Spread Work WMBE- 0% $ - #DIV/01. ILYDIG N Demonstrated Success PREVIOUS SUCCESS EXAMPLES Eastern Washington University, Student S.orts & Rec Center - Chene , WA Bow Lake Transfer Station WORKFORCE DIVERSITY N ice. 2.6E Mt. Rainier High School - Des Moines, WA !111��„ 19AD SIDANBE Chiawana High School - Pasco, WA GOALS ACHIEVED I VALUE PAID: 27.2% I $11,251,551 OWNER'S UTILIZATION GOALS:15% OWNER'S APPRENTICESHIP GOALS ACHIEVED: 15% Central Washing on University, Dean Hall Renovation - Ellensbur WA Cascadia Elementary & Robert Eagle Staff Middle Schools GOALS ACHIEVED I VALUE PAID: 24% I $20,684,070 OWNER'S UTILIZATION GOALS: None OWNER'S APPRENTICESHIP GOALS ACHIEVED:15% ILYDIG Demonstrated Success CURRENT SUCCESS EXAMPLE Mount Vernon School District East Division Elementary School WORKFORCE DIVERSITY W Approximately $22 Million have been awarded to local vendors in Whatcom and Skagit County which equates to 80% of the total project volume. ILYDIG 74