HomeMy WebLinkAboutTIC 2019-11-19 COMPLETE AGENDA PACKETCity of Tukwila
Transportation and
Infrastructure Committee
❖ Zak Idan, Chair
❖ Kate Kruller
❖ Thomas McLeod
AGENDA
Distribution:
H. Kirkland
Z. Idan
B. Still
K. Kruller
R. Turpin
T. McLeod
A. Youn
K. Hougardy
Clerk File Copy
D. Robertson
2 Extra
Mayor Ekberg
D. Cline
Place pkt pdf on SharePoint:
R. Bianchi
Z Trans & Infra Agendas
L. Humphrey
e-mail cover to: F. Ayala,
H. Hash
H. Ponnekanti
A. Le, C. O'Flaherty, A.
G. Labanara
Youn, B. Saxton, S. Norris,
L. Humphrey
TUESDAY, NOVEMBER 19, 2019 — 5:30 PM
HAZELNUT CONFERENCE ROOM
(EAST ENTRANCE OF CITY HALL)
Item
Recommended Action
Page
1.
PRESENTATIONS
2.
BUSINESS AGENDA
a) King County Metro
a)
Forward to 12/02/19
Pg. 1
Transportation Demand Management Agreement 2020
Consent Agenda
b) Resolution Adopting a Title VI Program
b)
Forward to 11/25/19
Pg. 35
Committee of the Whole
c) Public Safety Plan — Public Works Shops Phase 1
c)
Forward to 11/25/19
Pg. 45
Amendment No. 2 with SHKS for Design
Committee of the Whole
d) 53rd Ave S
d)
Forward to 12/02/19
Pg. 73
Construction Management Amendment No. 7 with KPG
Consent Agenda
e) Starfire Sports
e)
Forward to 11/25/19
Pg. 81
Resolution for Administrative Variance
Committee of the Whole
f) Concurrency Standards and Transportation Impact Fees
f)
Forward to 11/25/19
Pg. 87
Ordinance Updating TMC Chapter 9.48
Committee of the Whole
3.
SCATBd/RTC
4.
MISCELLANEOUS
5.
ANNOUNCEMENTS
Future
Agendas:
Next Scheduled Meeting: Tuesday, December 3, 2019 (last meeting of 2019)
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206-433-0179 for assistance.
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Jack Pace, Department of Community Development Director
BY: Alison Turner, Sustainable Transportation Program Manager
Chris Andree, Sustainable Transportation Outreach Coordinator
CC: Mayor Ekberg
DATE: November 15, 2019
SUBJECT: King County Metro Transportation Demand Management Agreement 2020
ISSUE
The Transportation Demand Management (TDM) Program is asking for approval to accept
passthrough funding from King County Metro. The funding source is a TDM Corridor Strategies
Supporting Centers federal Congestion Mitigation and Air Quality grant. Funding will be used to
continue implementation of Transportation Demand Management (TDM) activities in south King
County.
BACKGROUND
The City of Tukwila TDM Program was previously awarded King County passthrough funding in
2016/17 and 2017/19 to enhance TDM services in south King County. TDM Program staff
implemented outreach on behalf of King County Metro's Just One Trip campaign to encourage
anyone who lives, works, or spends time in the target south King County jurisdictions to
consider trying an alternative commute or travel mode.
DISCUSSION
A new funding opportunity has been offered to the City's TDM Program to continue TDM
outreach services in south King County through November 30, 2020. Additionally, Metro
requested the City adopt a special transit Title VI Program to be eligible as a sub -grantee of
King County. TDM services and outreach will be provided at activity centers (e.g. business
parks, commercial and residential multi -tenant buildings, educational institutions). A key strategy
is to develop partnerships with embedded organizations in the community to facilitate more
effective outreach and improve long-term program outcomes.
FINANCIAL IMPACT
There will be no impact to the general fund.
RECOMMENDATION
Council is being asked to approve the King County Metro contract for the Transportation
Demand Management Program in the amount of $75,000 and consider this item on the Consent
Agenda at the December 2, 2019, Regular Meeting.
ATTACHMENTS
Attachment A: King County Metro Transportation Demand Management Agreement 2019-2020
TRANSPORTATION DEMAND MANAGEMENT AGREEMENT
BETWEEN
THE CITY OF TUKWILA
AND
KING COUNTY
This Transportation Demand Management Agreement is made and entered into by and between
the City of Tukwila, a Washington municipal corporation (the "City") and King County, a home
rule charter county of the State of Washington, through the Metro Transit Department (the
"County"), either of which entity may be referred to hereinafter individually as "Parry" or
collectively as the "Parties."
Whereas, the County is obligating a grant from the Federal Transit Administration (FTA)
(Award 1731-2019-04) Congestion Mitigation Air Quality ("CMAQ") Section 5307 — TDM
Corridor Strategies Supporting Centers for multi -modal transportation project planning and
demonstration programs, in order to reduce drive -alone vehicle travel and increase high
occupancy vehicle use to help reduce energy consumption, air pollution and traffic congestion.
The Catalogue of Federal Domestic Assistance number for this grant is 20.507, and the County
intends to use these grant funds to reimburse the City for work performed in accordance with the
terms and conditions of this Agreement; and
Whereas, such projects and programs include strategies known as transportation demand
management ("TDM") which may encompass incentives, outreach, promotions, website
development and maintenance, materials and services that facilitate travel by public
transportation, shared rides, bicycling, walking and teleworking; and
Whereas, the City and the County provide such TDM programs to commuters, students and
residents directly or through employers, schools and/or property managers; and
Whereas, the City's Transportation Demand Management program (the "Program"), including
activities conducted through the City's transportation options brand, has been effective in
reducing drive -alone trips in Tukwila; and
Whereas, the City and County have continued to adapt and demonstrate these strategies through
the Program by adding new market segments and new approaches to Tukwila area residents and
workers;
NOW THEREFORE, in consideration of the terms, conditions and covenants contained herein,
the Parties agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to establish a mutually beneficial arrangement between the
City and the County that will help both Parties realize their respective TDM objectives. This
Agreement also creates a mechanism to allow the County to reimburse the City for costs incurred
to perform the tasks and implement the programs described in the Scope of Work ("SOW"), as
set forth in Exhibit A, which is attached and incorporated herein. In consideration of the City's
performance of the tasks and responsibilities set forth in the SOW, the County will provide the
City up to $75,000 in grant funds.
2. AGREEMENT TERM AND MODIFICATIONS
This Agreement shall be effective upon signature by both Parties, and shall remain in effect
unless otherwise terminated through November 30, 2020. If mutually agreed, the Agreement
may be extended by written amendment for up to an additional two (2) years. Exhibits and
attachments may be modified at that time as mutually agreed by the Parties. Any extension shall
be made in writing in accordance with Section 14 of the Agreement. The County will enter into
or extend this Agreement only on the condition that all City accounts with the County are
current.
3. CITY'S RESPONSIBILITIES
The City shall furnish the necessary personnel, equipment, material and/or services and
otherwise do all things necessary for or incidental to the performance of the work required as
related to program performance associated with the SOW in Exhibit A. The program tasks,
timelines and budget are stated in Exhibit A.
4. COUNTY'S RESPONSIBILITIES
The County will reimburse the City for actual costs incurred to satisfactorily perform the tasks
and implement the Program as provided for in the SOW. In no event shall the total
reimbursement made by the County to the City for work performed pursuant to this Agreement
exceed $75,000 (the "Reimbursement Cap").
5. INVOICE AND PAYMENT PROCEDURES
The City shall submit completed invoice(s) to the County detailing expenses, quarterly activities,
outcomes and metrics within thirty (30) calendar days following each quarter's end and by
December 15, 2020. The County shall pay the City within fifteen (15) calendar days after the
County has received completed invoices.
In no event will the total amount of the initial investment and quarterly payments exceed the
Reimbursement Cap specified at Section 4 of this Agreement without the Parties mutually
agreeing to amend this Agreement in accordance with Section 14 of the Agreement.
6. FEDERAL REQUIREMENTS
A. This Agreement is subject to a financial assistance agreement between the County and the
FTA. The City shall comply with all applicable federal laws, regulations, policies,
procedures and directives, including but not limited to the following, which are attached
hereto or incorporated herein by this reference:
2 CFR Part 200.300 through 2 CFR Part 345, contained in Subpart D, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The text is available at: https://www.gpo.gov/fdsys/pkg/CFR-2015-title2-
vol l /xml/CFR-2015-title2-vol l .xml#segnum200.300
2. 2 CFR Part 200.400 through 2 CFR Part 200.475, contained in Subpart E, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The text is available at: https://www.gpo.gov/fdsys/pkg/CFR-2015-title2-
vol l /xml/CFR-2015-title2-vol l .xml#segnum400.1
3. The requirements and obligations imposed on a "Recipient" under the applicable
provisions of the FTA Master Agreement. The Master Agreement text is available at:
https://www.transit.dot. gov/funding/grantee-resources/sample-fta-agreements/fta-master-
agreement-fiscal-year-2018
4. The requirements of FTA Circular 5010.1E Project Administration and Management.
Circular 5010.1E text is available at:
https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award-mana em�ent-
requirements-circular-50101 e
5. If the City contracts with a third parry to provide all or a portion of the services
described in this Agreement, then the City shall comply with FTA Circular 4220.1F.
Circular 4220.1F text is available at:
https://www.transit.dot. og v/regulations-and-guidance/fta-circulars/third-party-
contracting-guidance
6. Applicable FTA Third Party Contract Provisions — Standard Terms and Conditions. The
text is attached as Exhibit B.
B. New federal laws, regulations, policies, procedures and directives may be adopted after the
date this Agreement is established and may apply to this Agreement. The City agrees to accept
and comply with all applicable laws, regulations, policies, procedures and directives as may be
amended or promulgated from time to time during the term of this Agreement.
C. The City shall not perform any act, fail to perform any act, or refuse to comply with any
requests by the County which would cause the County to be in violation of any federal law or
FTA requirement. The City's failure to so comply with this Section shall constitute a material
breach of this Agreement.
D. The County and City acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of this Agreement, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
Agreement and shall not be subject to any obligations or liabilities to the County, City, or any
other parry (whether or not a party to this Agreement or any Agreement awarded pursuant
thereto) pertaining to any matter resulting from this Agreement.
E. The City agrees to extend application of the federal requirements to its subrecipients or
contractors, and their respective subcontractors, by including this Section and the related exhibits
in each contract and subcontract the City awards under this Agreement financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that this Section shall not be
modified, except to change the names of the parties to reflect the subrecipient or contractor
which will be subject to its provisions.
F. The City acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. 3801, et sue, and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 CFR Part 31, apply to its actions pertaining to the work under this Agreement.
Upon execution of this Agreement, the City certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to be made, pertaining to this
Agreement or the FTA-assisted project for which this work is being performed. In addition to
other penalties that may be applicable, the City further acknowledges that if it makes, or causes
to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the City to the extent the Federal Government deems appropriate.
The City also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under
a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the
Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C.
5323(1)(1) on the City, to the extent the Federal Government deems appropriate.
2. The City agrees to include the language in Section F and Section F(1) above in each
contract and subcontract it awards under this Agreement financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the contractor or subcontractor who will be subject to the
provisions.
G. Certification Regarding Debarment, Suspension and Other Responsibility Matters
This Contract is a covered transaction for purposes of 2 CFR part 1200. As such, the City is
required to verify that none of the City, its principals, as defined at 49 CFR 29.995, or affiliates,
as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and
29.945. The City is required to comply with 2 CFR 1200, Subpart C and must include the
requirement to comply with 2 CFR 1200, Subpart C in any lower tier covered transaction it
enters into. By signing and submitting this Contract, the City certifies as follows:
The certification in this clause is a material representation of fact relied upon by King
County. If it is later determined that the City knowingly rendered an erroneous
certification, in addition to remedies available to King County, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment.
The City agrees to comply with the requirements of 2 CFR 1200, Subpart C while this
offer is valid and throughout the period of any work or service that may arise from this
Contract. The City further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
H. Because the County is sub -granting $25,000 or more of pass -through Federal Transit
Administration funds, the County must comply with the reporting requirements of The Federal
Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109-282., as
amended by section 6202(a) of P.L. 110-252). The FFATA prescribes specific data to be
reported and the County hereby agrees to report sub -award data into the website
www.USASpending_gov via www.fsrs.gov. The City agrees to provide the County with the
information required in this paragraph within 30 calendar days from the execution date of this
Agreement:
a. Location of the City (physical address(es), including congressional district(s));
and
b. Place of performance (physical address(es), including congressional district(s));
and
c. Unique identifier of the City and its parent (DUNS Number, a unique nine -digit
number issued by Dun & Bradstreet (D&B) to a single business entity assigned to
each business location in the D&B database having a unique, separate, and
distinct operation for the purpose of identifying it); and
d. Total compensation and names of top five executives IF BOTH of the following
apply:
i. More than 80% of the City's gross annual revenues are from the federal
government, and those revenues are greater than $25,000,000 annually,
and
ii. Compensation information is not already available through reporting to
the Securities and Exchange Commission.
I. The City agrees to provide the County with its Federal Central Contractor Registration
number within 30 calendar days of the execution of this Agreement. If it has not already
registered, the City agrees to register with the Federal Central Contractor Registration at
https://www.sam.gov/portal/public/SAM/ (formerly www.CCR.gov) and provide the County
with the registration number within 30 calendar days from the execution date of this Agreement.
Exceptions may be made on a case -by -case basis upon approval by the County.
J. The City agrees to provide the County with a copy of its Title VI implementation plan in
accordance with FTA Circular 4702.113, Chapter III, Section 11. If the City does not have a Title
VI plan, the County and the City agree to work together to sufficiently document the City's
adoption of the County's Title VI plan, or in the alternative, the City's implementation of its own
Title VI plan.
K. In accordance with FTA Circular 4702.113, Chapter II, Section 2, and by signing this
Agreement, the City certifies that it will comply with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, U.S. Department of Justice "Guidelines for enforcement of Title
VI, Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, "Nondiscrimination in
Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of
the Civil Rights Act of 1964," 49 CFR part 21.
7. DISPUTE RESOLUTION PROCESS
7.1 Designated Dispute Resolution Representatives. The following individuals are the
Designated Representatives for the purpose of resolving disputes that arise under this
Agreement:
For the County For the City
Carol Cooper Vicky Carlsen, Finance Director
Mobility Innovations Managing Director City of Tukwila
Metro Transit Department 6200 Southcenter Blvd.
201 South Jackson Street, Tukwila, WA 98188
M/S KSC-TR-0411 (206) 433-1839
Seattle, WA 98104 Vicky.Carlsen@TukwilaWA.gov
(206) 477-5871
carol.cooper @kingcounty.gov
7.2 The County representative and the City representative shall confer to resolve disputes that
arise under this Agreement as requested by either Party. The designated representatives
shall use their best efforts and exercise good faith to resolve such disputes.
7.3 In the event the Designated Representatives are unable to resolve the dispute, the
appropriate City Administrator or her/his designee and the Assistant General Manager of
the County's Metro Transit Division or her/his designee shall confer and exercise good
faith to resolve the dispute.
7.4 In the event the City Administrator and the Assistant General Manager of Metro Transit
are unable to resolve the dispute, the Parties may, if mutually agreed in writing, submit
the matter to non -binding mediation. The Parties shall then seek to mutually agree upon
the mediation process, who shall serve as the mediator, and the time frame the Parties are
willing to discuss the disputed issue(s).
7.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation
process, who shall serve as mediator, or the mediation is not successful, then either Party
may institute a legal action in the King County Superior Court, situated in Seattle,
Washington, unless another venue is mutually agreed to in writing.
7.6 The Parties agree that they shall have no right to seek relief in a court of law until and
unless each of the above procedural steps has been exhausted.
8. TERMINATION
8.1 Termination for Convenience. Either Party may terminate this Agreement upon thirty
(30) days' written notice to the other Party. In the event of termination of this
Agreement, the Parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
8.2 Termination for Cause. If either Party does not fulfill in a timely and proper manner its
obligations under this Agreement, or if either Party violates any of these terms and
conditions, the aggrieved Party will give the other Party written notice of such failure or
violation. The responsible Party will be given the opportunity to initiate a correction of
the violation or failure within fifteen (15) calendar days. If failure or violation is not
corrected within the mutually agreed upon time period, this Agreement may be
terminated immediately by written notice of the aggrieved Party to the other.
8.3 Termination for Non -Appropriation or Loss of Grant Funding. This Agreement is
contingent upon federal grant funding and local legislative appropriations. As such, in
addition to termination for default or convenience, the County may terminate this
Agreement for non -appropriation or loss of grant funding by giving not less than thirty
(30) calendar days' written notice thereof to the City.
9. LEGAL RELATIONS
9.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the
benefit of the Parties hereto and gives no right to any other person or entity.
9.2 No Partnership or Joint Venture. No joint venture, agent -principal relationship or
partnership is formed as a result of this Agreement.
9.3 Independent Capacity. The employees or agents of each Party who are engaged in the
performance of this Agreement shall continue to be employees or agents of that Party and
shall not be considered for any purpose to be employees or agents of the other Party.
9.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle,
Washington, shall have exclusive jurisdiction and venue over any legal action arising
under this Agreement.
9.5 Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof shall be deemed to have been explicitly negotiated between, and
mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in
all cases, be construed according to its fair meaning and not strictly for or against either
Party.
9.6 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either
Parry without the prior written consent of the other Party.
9.7 Compliance with Applicable Laws. The Parties agree to comply with all applicable federal,
state, and local laws, rules, and regulations, including those pertaining to nondiscrimination, and
agree to require the same of any subcontractors providing services or performing any work
related to the Program using funds provided under this Agreement.
10. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of its responsibilities and
obligations under this Agreement, and shall not be liable for damages due to failure to perform,
during the time and to the extent that it is prevented from performing by a cause directly or
indirectly beyond its control, including, but not limited to: late delivery or nonperformance by
vendors of materials or supplies; any incidence of fire, flood, snow, earthquake, or acts of nature;
strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court
or civil authority; commandeering material, products, or facilities by the federal, state or local
government; or national fuel shortage; when satisfactory evidence of such cause is presented to
the other Party to this Agreement, and provided that such non-performance is beyond the control
and is not due to the fault or negligence of the Party not performing.
11. INDEMNIFICATION
Both Parties shall protect, defend, indemnify and save harmless each other, their officers,
employees, and agents while acting within the scope of their employment as such, from any and
all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting
from either Party's negligent acts or omissions in performing their obligations under this
Agreement. The Parties agree that they are fully responsible for the acts and omissions of their
own contractors, subcontractors, employees, and agents, acting within the scope of their
employment as such, as they are for the acts and omissions of its own employees and agents.
The Parties agree that their obligations under this provision extend to any claim, demand, and/or
cause of action brought by or on behalf of any of their employees or agents. The foregoing
indemnity is specifically and expressly intended to constitute a waiver of both Parties immunity
under Washington's Industrial Insurance Act, RCW Title 51, as respects the Parties only, and
only to the extent necessary to provide the Parties, their officers, employees, and agents with a
full and complete indemnity of claims made by the Parties employees. The Parties acknowledge
that these provisions were specifically negotiated and agreed upon by them. The provisions of
this Section 11 shall survive the expiration or earlier termination of this Agreement.
12. WAIVER
A failure by either Parry to exercise its rights under this Agreement shall not preclude that Party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in a writing signed by an authorized representative
of the Party and attached to the original Agreement.
13. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this Agreement
which can be given effect without the invalid provision, if such remainder conforms to the
requirements of applicable law and the fundamental purpose of this Agreement, and to this end
the provisions of this Agreement are declared to be severable.
14. CHANGES AND MODIFICATIONS
This Agreement may be changed, modified, or amended only by written agreement executed by
authorized representatives of both Parties.
15. REPRESENTATION ON AUTHORITY OF SIGNATORIES
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
16. ALL TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the Parties hereto.
17. CONTRACT MANAGEMENT
The contact persons for the management of this Agreement (the "Contract Managers") are
identified and their contact information is provided herein and may be updated by either Parry
for their agency only and shall be submitted in writing or electronic mail to the other Party. Any
update to the Contract Managers' information shall state the effective date of said update.
10
Contract Manager
King County Metro
City of Tukwila
Contact Name
Debbie Jaksich
Alison Turner
Title
Program/Project Manager III
Sustainable Transportation Program
Market and Business
Manager
Development Group
Address
201 S. Jackson St.
6300 Southcenter Blvd #100
M/S KSC-TR-0411
Tukwila, WA 98188
Seattle, WA 98104
Telephone
1 206-477-5836
1 206-433-7142
E-Mail
I debbie.jaksichgkingcounty.gov
I Alison.Tumer TukwilaWA. ov
18. RECORDS RETENTION AND AUDIT
18.1 During the progress of the work and for a period of not less than six (6) years from the
date of final payment by the County, the City shall keep available for inspection and audit
by the County and the federal government the records pertaining to the Agreement and
accounting therefore. Copies of all records, documents or other data pertaining to
performance of the Agreement will be furnished upon request. If any litigation, claim or
audit is commenced related to performance of the Agreement, the records along with
supporting documentation shall be retained until all litigation, claims and/or audit
findings have been resolved even though such litigation, claim or audit continues past the
six -year retention period.
18.2 All Agreement costs must be documented including copies of invoices and time sheets
showing hours worked and rates, or financial system expense reports documenting these
items.
18.3 The County, the U.S. Department of Transportation, the FTA, the State Auditor, and the
Inspector General and any of their duly authorized representatives shall have full access
to and right to examine, during normal business hours, all City records with respect to all
matters covered by this Agreement. Such representatives shall be permitted to audit,
examine and make excerpts or transcripts from such records, and other matters covered
by this Agreement.
18.4 Unless already published and available at the federally appointed online, accessible audit
reporting database the City agrees to submit to the County, a copy of the City's A-133
Single Audit report when requested by the County for sub recipient monitoring purposes.
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19. EXECUTION OF AGREEMENT
This Agreement may be executed in multiple counterparts, any one of which shall be regarded
for all purposes as an original.
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates shown below their respective signatures.
KING COUNTY
By:
Chris O'Claire
Assistant General Manager
Metro Transit Department
Date:
Approved as to form
Grants Office
CITY OF TUKWILA
Allan Ekberg, Mayor
City of Tukwila
Date:
Approved as to form
City Attorney
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ATTACHMENT A
2020 City of Tukwila Scope of Work
January 1, 2020 — December 31, 2020
TDM Corridor Strategies Supporting Centers
The purpose of the TDM Corridor Strategies Supporting Centers grant is to provide
Transportation Demand Management (TDM) services along the I-405, I-5, SR-99 and SR-167
corridors and surrounding arterials to reduce congestion and increase mobility. The program will
promote the use of sustainable transportation alternatives to driving alone through outreach,
marketing, incentives, education, assistance, and information.
The City will provide TDM services for travelers with an origin or destination in the cities of
Tukwila, Renton, Kent, and SeaTac through an extension of their Regional Mobility Grant
(RMG) program and the City's TDM program.
The City and the County will mutually agree on messaging that will be included on program
materials for marketing and outreach purposes.
These services will be provided for the time period beginning with the execution of the
agreement and ending November 30, 2020.
Scope of Services
The City of Tukwila TDM Program will target residents, employees and employers for whom
sustainable transportation alternatives are a viable option. As described below, the program will:
• Educate residents, employees and students on sustainable transportation alternatives to
driving alone;
• Provide rewards and incentives related to sustainable transportation options;
• Work to improve people's perceptions of these options;
• Inform residents, employees and students of Redmond -Kent -Auburn Area Mobility Plan
news and engagement opportunities, such as RapidRide I line outreach, and work to
increase ORCA card usage;
• Explore options for amenities such as bike lockers, bike racks, bike repair stations,
wayfinding signage, etc.;
• Communicate the goals of keeping traffic moving and other topics related to road
construction and transit service changes; and
• Educate employers on available commute benefit strategies and programs.
13
An evaluation of the program will be provided to the County by December 15, 2020, outlining
what has been accomplished in the program and including trip reduction data during the period
following the execution of the agreement through the end of December 2020. The final invoice
for this scope of work shall be submitted to the County no later than December 15, 2020.
Program Description
Issue/Problem
Employees and residents not affected by the CTR law may receive limited or no transportation
benefits/support. Smaller employers often have difficulty allocating funding for employee
transportation assistance and are unaware of commute benefits they could provide such as
ORCA passes or pre-tax transportation benefits.
Goals:
• Increase the use of and access to transit and other sustainable modes of transportation in
south King County (increase NDAT and decrease VMT);
• Reduce congestion along major regional corridors, including I-405, 1-5, SR-99 and SR-
167; and
• Efficiently deliver TDM services by targeting employees, residents and students at large
activity centers (for example, presenting at employer meetings or administering a
centralized transportation rewards program).
Potential Trip Markets
• Employment sites with clusters of non-CTR affected employers
• Multi -family residences (affordable and market rate housing)
• Technical colleges and high schools
• Industry -specific employers such as hotels
Potential activity centers and networks include:
o Sea-Tac Airport (partner with Port of Seattle, Airport Jobs, City of SeaTac)
o Westfield Southcenter Mall (partner with mall management and employers)
o Tukwila Village (partner with Independent Living, King County Library System
and employers)
o Seattle Southside Chamber and Discover Burien
Strategies
o Renton Landing and Black River Business Park
o Renton Technical College, Highline College and Foster High School
o Multifamily housing sites throughout Tukwila, SeaTac, Renton and Kent (partner
with property managers, King County Housing Authority, Hopelink, and other
non -profits)
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This program will market sustainable transportation through a direct, individualized approach
supporting and encouraging residents and employees to change their travel behavior.
Methodology will include individualized marketing; social marketing; and engaging community
and residential groups, individuals, businesses and other targeted groups of corridor users.
Marketing will focus on sustainable transportation options such as transit, vanpool, carpool,
biking and walking.
Strategies may include, but are not limited to:
• Administration of transportation behavior survey
• Education and training on transportation options
• Distribution of ORCA incentives to encourage transit use
• Help individuals who qualify get reduced fare ORCA cards by partnering with ORCA
To -Go, ORCA LIFT (Public Health — Seattle & King County), and ORCA Youth
• Administration of a sustainable transportation rewards program
• Distribution of safety/visibility gear for active transportation
• Attendance at community or employer resource fairs and meetings
• Biking and walking amenities to promote active transportation
• Leverage South King County Transportation Options network on RideshareOnline.com
to promote sustainable transportation options
• Webpage with program information hosted on TukwilaWA.gov website
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Anticipated Schedule and Deliverables
Deliverable Target Dates
Develop outreach materials (webpage, surveys, flyers, reward January 1, 2020
Launch rewards program January 1. 2020
Enroll participants in rewards program through June 30, 2020
Midpoint analysis of rewards program survey data to calculate June 30, 2020
VT and VMT reduced
Administration of rewards program through November 30,
2020
Personalized trip planning assistance and employer/property through November 30,
manager consultations 2020
Outreach to community groups, individuals, employers, property through November 30,
managers, and other targeted groups of corridor users to promote 2020
use of non -drive alone travel
Hold transportation trainings at interested employment centers, through November 30,
housing sites and worksites 2020
Submit progress reports, metrics, and invoices that include labor through December 15, 2020
hours and receipts for reimbursable expenses, at least quarterly.
Final invoice must be submitted no later than December 15,
2020 for reimbursement.
Anticipated Budget Not To Exceed $75,000 through November 30, 2020
Project Element
Budget
Labor
$40,000
Incentives/ORCA Cards/Bicycle & Pedestrian
Amenities
$27,000
Marketing Materials
$8,000
Total Project Cost
$75,000
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ATTACHMENT B
FEDERAL TRANSIT ADMINISTRATION (FTA) THIRD PARTY CONTRACT
REQUIREMENTS
This Contract shall be partially funded by the Federal Transit Administration (FTA). The
following provisions include, in part, certain standard terms and conditions required by the U.S.
Department of Transportation. All Contractual provisions required by the U.S. Department of
Transportation, as set forth in FTA Circular 4220.1F, as revised, dated March 18, 2013, as are
the requirements of the Master Agreement between King County ("the County") and the U.S.
Department of Transportation, including all "flow down" provisions to third parry Contractors
and Subcontractors are hereby incorporated by reference. Unless stated otherwise, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Contract. The Contractor agrees not to perform any act, fail to perform any act,
or refuse to comply with any County requests that would cause the County to be in violation of
the FTA terms and conditions.
1-1 Disadvantaged Business Enterprise (DBE) Participation
A. Nondiscrimination 49 CFR part 26. The Contractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this Contract. The
Contractor shall carry out applicable requirements of 49 CFR part 26 in the award
and administration of United States Department of Transportation assisted
contracts. Failure by the Contractor to carry out these requirements is a material
breach of this Contract, which may result in the termination of this Contract or such
other remedy, as the County deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
B. DBE Program. The DBE requirements of 49 CFR Part 26 apply to this Contract.
King County has determined that no DBE goal will be established for this Contract.
However, the County requires that the Contractor report any actual DBE
participation on this Contract to enable the County to accurately monitor DBE
program compliance.
C. Efforts to Increase DBE Participation. Even though this Contract has no DBE goal,
the County still encourages Contractors to pursue opportunities for DBE
participation. To that end, Contractors are encouraged to:
1. Advertise opportunities for subcontractors and suppliers ("subcontractors")
in a manner reasonably designed to provide DBEs capable of performing
the work with timely notice of such opportunities. All advertisements
should include a provision encouraging participation by DBE firms and may
be done through general advertisements (e.g., newspapers, journals, etc.) or
by soliciting proposals directly from DBEs.
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2. Effectively use the services of available minority/women community
organizations, Contractors' groups, local, state, and Federal
minority/women business assistance offices; Disadvantaged Business
Enterprise and other organizations as allowed on a case -by -case basis to
provide assistance in the recruitment and placement of DBEs and other
small businesses.
3. Establish delivery schedules, where requirements of the contract allow and
encourage participation by DBEs and other small businesses.
4. Achieve DBE attainment through joint ventures.
5. Solicit through all reasonable and available means (e.g., attendance at pre -
bid meetings, advertising and/or written notices) DBE and other small
businesses that have the capability to perform the Work of the Contract.
6. Select portions of the Work to be performed by Subcontractors to increase
the likelihood that DBE and other small businesses' goals will be achieved
7. Provide interested Subcontractors with adequate information about the
plans, specifications, and requirements of the contract in a timely manner
to assist them in responding to a solicitation.
8. Negotiate in good faith with interested DBEs and other small businesses.
9. Avoid rejecting DBEs and other small businesses as being unqualified
without sound reasons based on a thorough investigation of their
capabilities. The Contractor's standing within its industry, membership in
specific groups, organizations, or associations and political or social
affiliations (for example union vs. non -union employee status) are not
legitimate causes for the rejection or non -solicitation of bids in the
Contractor's efforts to obtain DBE and other small business participation.
10. Make efforts to assist interested DBEs and other small businesses in
obtaining bonding, lines of credit, or insurance as required by the recipient
or Contractor.
11. Make efforts to assist interested DBEs and other small businesses in
obtaining necessary equipment, supplies, materials, or related assistance or
services.
D. DBE Listing. A current list of DBE firms accepted as certified by the Washington
State Office of Minority and Women's Business Enterprises (OMWBE) is available
from that office at (360) 753-9693. For purposes of this Contract, a DBE firm must
be certified by OMWBE as of the date of contract award.
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E. Procedure Applicable when DBEs Are Utilized. Concurrent with the use of any
DBE subcontractor or supplier the Contractor shall provide notice of such use in
writing to the King County Office of Business Development and Contract
Compliance (BDCC). Upon receipt of said notice, BDCC shall provide the
Contractor with the applicable procedures for counting DBE participation.
Assistance with this Section is available from BDCC at (206) 263-9717. Notice
referenced herein should be delivered to the following address:
King County Department of Finance
Office of Business Relations and Economic Development
401 Fifth Avenue, Suite 350
MS CNK-ES-0350
Seattle, WA 98104
Phone: (206) 263-9717
Fax: (206) 205-0840
F. The Contractor is required to pay its subcontractors performing work related to
this contract for satisfactory performance of that work no later than 30 days after
the contractor's receipt of payment for that work from the County. In addition, the
contractor may not hold retainage from its subcontractors, but may require the
purchase of a retainage bond by the subcontractor.
G. The Contractor must promptly notify the County whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work,
and must make good faith efforts to engage another DBE subcontractor to perform
at least the same amount of work. The Contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of the County.
1-2 Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference
in the Master Agreement between the County and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
1-3 No Federal Government Obligations to Third Parties
The Contractor acknowledges and agrees that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of this Contract, absent the
express written consent by the Federal Government, the Federal Government is not a party
to this Contract and shall not be subject to any obligations or liabilities to the Contractor or
any other party (whether or not a party to this Contract) pertaining to any matter resulting
from this Contract.
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The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not
be modified, except to identify the subcontractor who will be subject to its provisions.
1-4 Civil Rights
The following requirements shall apply to the this Contract and all third -party contracts:
(A) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended,
42 U.S.C. § 2000d, U.S. Department of Justice "Guidelines for enforcement of Title VI,
Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, "Nondiscrimination in
Federally -Assisted Programs of the Department of Transportation — Effectuation of Title
VI of the Civil Rights Act of 1964," 49 CFR part 21, Section 303 of the Age Discrimination
Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities
Act of 1990, 42 U.S.C. § 12132, section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
§ 794 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not
discriminate against any person on the basis of race, color, religion, national origin, sex,
age, or disability. In addition, the Contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(B) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(1) Race, Color, Religion, National Origin, Sex - In accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C. § 2000e, section 503 of the
Rehabilitation Act of 1973, as amended 29 U.S.C. §793 and Federal transit laws at
49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement
Executive Order No. 11246, 'Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the
future affect construction activities undertaken in the course of the Project. The
Contractor agrees to take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race,
color, religion, national origin, sex, age, or disability. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
20
(2) Sex - In accordance with Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. Sections 1681 et seq. and implementing Federal regulations,
"Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance," 49 CFR Part 25, and FTA Circular
4220.1F Chapter IV, Section 2(a)(5)(b), the Contractor agrees to refrain from
discrimination against present and prospective employees on the basis of their sex.
In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(3) Age - In accordance with The "Age Discrimination Act of 1974, as amended,
42 U.S.C. Sections 6101 et seq., and Department of Health and Human Services
implementing regulations, "Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance, 45 CFR Part 90, and section 4
of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§
623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain
from discrimination against present and prospective employees for reason of age.
In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(4) Disabilities - In accordance with section 102 of the Americans with Disabilities
Act, as amended, 42 U.S.C. § 12101 et seq., the Contractor agrees that it will
comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment
of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.'
(C) Information and Reports - The Contractor shall provide all information and reports
required by the regulations or directives issued pursuant thereto and shall permit access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the County or the Federal Transit Administration (FTA) to be pertinent to
ascertain compliance with such regulations, orders and instructions. The Contractor shall
maintain all required records for at least three (3) years after the County makes final
payment and all other pending matters are closed. Where any information is required and
it is in the exclusive possession of another who fails or refuses to furnish this information,
the Contractor shall so certify to the County or the Federal Transit Administration, as
appropriate, and shall set forth efforts made to obtain the information.
21
(D) Sanctions for Noncompliance - In the event of the Contractor's noncompliance with
the nondiscrimination provisions of this Contract, the County shall impose such contract
sanctions as it or the FTA may determine to be appropriate, including, but not limited to:
Withholding of payments to the Contractor under the Contract until the
Contractor complies, and/or,
2. Cancellation, termination or suspension of the Contract, in whole or in part.
(E) Incorporation of Provisions - The Contractor shall include the provisions of paragraphs
A through E of this section in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the regulations or directives issued pursuant thereto.
The Contractor shall take such action with respect to any subcontract or procurement as the
County or the FTA may direct as a means of enforcing such provisions, including sanctions
for noncompliance. Provided, however, that, in the event the Contractor becomes involved
in or is threatened with litigation with a subcontractor or supplier as a result of such direction,
the Contractor may request the County to enter into such litigation to protect the interests of
the County, and in addition, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
1-5 Cargo Preference - Use of U.S. Flag Vessels
The contractor agrees:
a. to use privately owned United States -Flag commercial vessels to ship at least 50
percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying contract to the extent such vessels are
available at fair and reasonable rates for United States -Flag commercial vessels;
b. to furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the date
of loading for shipments originating outside the United States, a legible copy of a
rated, "on -board" commercial ocean bill -of -lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo,
Office of Market Development, Maritime Administration, Washington, DC 20590
and to the FTA recipient (through the contractor in the case of a subcontractor's
bill -of -lading.)
c. to include these requirements in all subcontracts issued pursuant to this contract
when the subcontract may involve the transport of equipment, material, or
commodities by ocean vessel.
22
1-6 Fly America Requirements
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in
accordance with the General Services Administration's regulations at 41 CFR Part 301-10,
which provide that recipients and subrecipients of Federal funds and their contractors are
required to use U.S. Flag air carriers for U.S Government -financed international air travel
and transportation of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier
was not available or why it was necessary to use a foreign air carrier and shall, in any event,
provide a certificate of compliance with the Fly America requirements. The Contractor
agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
1-7 Audit and Inspection of Records
Access to Records - The following access to records requirements apply to this Contract:
A. Where the FTA Recipient or a subgrantee of a FTA Recipient ("Purchaser") is the
County, the Contractor agrees to provide the Purchaser, the FTA Administrator, the
Comptroller General of the United States or any of their authorized representatives access
to any books, documents, papers and records of the Contractor which are directly
pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions in accordance with 2 C.F.R. 200.336. Contractor also agrees to provide the
County and the FTA Administrator or his authorized representatives including any PMO
Contractor, pursuant to 49 C.F.R. 633.17, access to Contractor's records and construction
sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is
receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
B. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient, the Contractor agrees to provide the Purchaser, the FTA Administrator or his
authorized representatives, including any PMO Contractor, access to the Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes
contracts of less than the simplified acquisition threshold currently set at $100,000 (49
CFR Part 633.5).
C. Where the Purchaser enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, a
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 2 C.F.R. 200.336, the Contractor agrees to provide the
Purchaser, FTA Administrator, the Comptroller General of the United States or any of
23
their duly authorized representatives with access to any books, documents, papers and
record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
D. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project
or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
E. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
F. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three (3) years after the date of
termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto.
G. FTA does not require the inclusion of these requirements in subcontracts.
1-8 FTA Protest Procedures
Bidders are hereby notified that if this Contract is funded in whole or in part by the
Federal Department of Transportation, the Federal Transit Administration (FTA) may
entertain a protest that alleges that the County failed to have or follow written protest
procedures. Bidders must file a protest with the FTA not later than 5 working days after
the County renders a final decision or 5 working days after the Bidder knows or has
reason to know that the County has failed to render a final decision. The protesting party
must notify the County if it has filed a protest with the FTA. After 5 days, the County
will confirm with FTA that FTA has not received a protest. Protests to the FTA must be
filed in accordance with FTA Circular 4220.1F (as periodically updated).
The County will not award a contract for 5 working days following its decision on a Bid
protest or while a protest to the FTA is pending unless the County determines that: (1) the
items to be procured are urgently required; (2) delivery of performance will be unduly
delayed by failure to make the award promptly; or (3) failure to make prompt award will
otherwise cause undue harm to the County or the Federal Government.
24
1-9 Privacy
Should the Contractor, or any of its subcontractors, or their employees administer any system
of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a,
imposes information restrictions on the parry administering the system of records.
For purposes of the Privacy Act, when the Agreement involves the operation of a system of
records on individuals to accomplish a government function, the recipient and any
contractors, third parry contractors, subcontractors and their employees involved therein are
considered to be government employees with respect to the government function. The
requirements of the Act, including the civil and criminal penalties for violations of the Act,
apply to those individuals involved. Failure to comply with the terms of the Act or this
provision of this contract will make this contract subject to termination.
The Contractor agrees to include this clause in all subcontracts awarded under this Contract,
which involve the design, development, operation, or maintenance of any system of records
on individuals subject to the Act.
1-10 Certification Regarding Debarment, Suspension and Other Responsibility Matters
Pursuant to Executive Order 12549 and 12689, "Debarment and Suspension," 31 USC §
6101 note and federal regulations in 2 CFR Part 180.300 and 2 CFR Part 1200, entities and
individuals who are debarred or suspended by the federal government are excluded from
obtaining federal assistance funds under this contract. To assure that such entities and
individuals are not involved as participants on this FTA-financed contract, if the contract
exceeds $25,000, each Bidder shall complete and submit, as part of its Bid, the certification
contained in Attachment A for itself, its principals and its subcontractor(s) for any
subcontract in excess of $25,000. The inability of a Bidder to provide a certification in
Attachment A will not necessarily result in denial of consideration for contract award. A
Bidder that is unable to provide a certification must submit a complete explanation attached
to the certification form. Failure to submit a certification or explanation shall disqualify the
Bidder from participation under this Bid. The County, in conjunction with FTA, will
consider the certification or explanation in determining contract award. No contract will be
awarded to a potential third -party contractor submitting a conditioned debarment or
suspension certification, unless approved by the FTA.
The certification is a material representation of fact upon which reliance is placed in
determination of award of contract. If at any time the Bidder or Contractor learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances, it shall immediately provide written notice to the County. If it is later
determined that the Bidder knowingly rendered an erroneous certification, or failed to notify
the County immediately of circumstances that made the original certification no longer valid,
the County may disqualify the Bidder. If it is later determined that the Contractor knowingly
rendered an erroneous certification, or failed to notify the County immediately of
25
circumstances which made the original certification no longer valid, the County may
terminate the contract, in addition to other remedies available including FTA suspension
and/or debarment.
1-11 Subcontractors' Certification Regarding Debarment, Suspension or Ineligibility
By submitting a Bid for this Contract, the Bidder agrees that should it be awarded the
Contract, it shall not knowingly enter into any subcontract exceeding $25,000 with an entity
or person who is debarred, suspended, or who has been declared ineligible from obtaining
federal assistance funds; and shall require each subcontractor to complete the certification
provided in Attachment B.
Each subcontract, regardless of tier, shall contain a provision that the subcontractor shall not
knowingly enter into any lower tier subcontract with a person or entity who is debarred,
suspended or declared ineligible from obtaining federal assistance funds, and a provision
requiring each lower -tiered subcontractor to provide the certification set forth in Attachment
B.
The Contractor shall require each subcontractor, regardless of tier, to immediately provide
written notice to the Contractor if at any time the subcontractor learns that its, or a lower -tier
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. The Contractor may rely upon the certifications of the subcontractors unless
it knows that a certification is erroneous. The Contractor's knowledge and information
regarding any subcontractor is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business.
1-12 Anti -Kickback
The County and contractors are required to comply with the Anti -Kickback Act of 1986, 41
USC 8701 et seq. Under state and federal law, it is a violation for County employees, bidders,
contractors or subcontractors to accept or offer any money or benefit as a reward for
favorable treatment in connection with the award of a contract or the purchase of goods or
services.
"Kickback" as defined by Federal Acquisition Regulation (FAR) 52.203-7, and 41 USC §
8701(2), means any money, fee, commission, credit, gift, gratuity, thing of value, or
compensation of any kind that is provided directly or indirectly to any prime Contractor,
prime Contractor employee, subcontractor or subcontractor employee for the purpose of
improperly obtaining or rewarding favorable treatment in connection with a prime contract
or in connection with a subcontract relating to a prime contract.
1-13 False or Fraudulent Statements or Claims
(A) The Contractor acknowledges that the provisions of the Program Fraud Civil
26
Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et SeMc . and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this
Project. Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which
this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(B) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and
49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
(C) The Contractor agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
1-14 Energy Conservation
The Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency that are contained in the State Energy Conservation plan issued in compliance with
the Energy Policy and Conservation Act, 42 USC § § 6321 et seq.
The Contractor agrees to include this clause in all subcontracts awarded under this Contract.
1-15 Environmental Requirements
The Contractor agrees to comply with all applicable standards, orders or requirements as
follows:
A. Environmental Protection
The Contractor agrees to comply with the applicable requirements of the National
Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent
with Executive Order No. 11514, as amended, "Protection and Enhancement of
27
Environmental Quality," 42 USC § 4321 note. FTA statutory requirements on
environmental matters at 49 USC § 5324(b); Council on Environmental Quality
regulations on compliance with the National Environmental Policy Act of 1969, as
amended, 42 USC § 4321 et seq. and 40 CFR Part 1500 et seq.; and joint FHWA/FTA
regulations, "Environmental Impact and Related Procedures," 23 CFR Part 771 and
49 CFR Part 622.
B. Air Quality
The Contractor agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401, et seq. The
Contractor agrees to report each violation to the County and understands and agrees
that the County will, in turn, report each violation as required to assure notification
to FTA and the appropriate U.S. Environmental Protection Agency (EPA) Regional
Office.
The Contractor agrees to include this clause in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
C. Clean Water
The Contractor agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended,
33 USC §§ 1251 et seq. The Contractor agrees to report each violation to the County
and understands and agrees that the County will, in turn, report each violation as
required to assure notification to FTA and the appropriate Environmental Protection
Agency (EPA) Regional Office.
The Contractor agrees to protect underground sources of drinking water consistent
with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 USC
§§ 300h et seq. The Contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal assistance
provided by FTA.
D. Use of Public Lands
The Contractor agrees that no publicly owned land from a park, recreation area, or
wildlife or waterfowl refuge of national, state, or local significance as determined
by the federal, state or local officials having jurisdiction thereof, or any land from
a historic site of national, state, or local significance may be used for the Project
unless the FTA makes the specific findings required by 49 USC § 303.
28
E. Historic Preservation
The Contractor agrees to assist the Federal Government in complying with section
106 of the National Historic Preservation Act, as amended, 16 USC § 470f,
Executive Order No. 11593, "Protection and Enhancement of the Cultural
Environment," 16 USC § 470 note, and the Archaeological and Historic
Preservation Act of 1974, as amended, 16 USC §§ 469a-1 et seq. involving historic
and archaeological preservation as follows:
1. The Contractor agrees to consult with the State Historic Preservation
Officer about investigations to identify properties and resources listed in or
eligible for inclusion in the National Register of Historic Places that may be
affected by the Project, in accordance with Advisory Council on Historic
Preservation regulations, "Protection of Historic and Cultural Properties,"
36 CFR Part 800, and notifying FTA of those properties so affected.
2. The Contractor agrees to comply with all federal requirements to avoid or
mitigate adverse effects on those historic properties.
F. Mitigation of Adverse Environmental Effects
The Contractor agrees that if the Project should cause adverse environmental
effects, the Contractor will take all reasonable steps to minimize those effects in
accordance with 49 USC § 5324(b), and all other applicable federal laws and
regulations, specifically, the procedures of 23 CFR Part 771 and 49 CFR Part 622.
1-16 Preference for Recycled Products
Recovered Materials - The contractor agrees to comply with all the requirements of
Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42
U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247,
and Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
1-17 Termination Provisions Required
All contracts and subcontracts in excess of $10,000 shall contain contractual provisions or
conditions that allow for termination for cause and convenience by the County including the
manner by which it will be effected and the basis for settlement.
(Required by FTA Circular 4220.1F, Page IV-13).
29
1-18 Incorporation of FTA Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by
the U.S. Department of Transportation, whether or not expressly set forth in the preceding
contract provisions. All contractual provisions required by the U.S. Department of
Transportation, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Contract. The Contractor agrees not to perform any act, fail to perform any
act, or refuse to comply with any County requests that would cause the County to be in
violation of the FTA terms and conditions.
1-19 Sensitive Security Information
The Contractor shall protect, and take measures to ensure that its subcontractors at each tier, protect
"sensitive security information" made available during the administration of a third party contract
or subconstract to ensure compliance with 49 U.S.C. 40119 (b) and implementing DOT
regulations, "Protection of Sensitive Security Information," 49 CFR Part 15, and with 49 U.S.C. §
114 (r) and implementing Department of Homeland Security Regulations, "Protection of Sensitive
Security Information," 49 CFR Part 1520.
1-20 Substance Abuse
Contractor and its subcontractors agrees to comply with U.S. OMB Guidance,
"Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)," 2 CFR
Part 182, and U.S. DOT regulations, "Governmentwide Requirements for Drug -Free
Workplace (Financial Assistance)," 49 CFR Part 32, that implement the Drug -Free
Workplace Act of 1988, 41 USC §§ 701 et seq., including any amendments to these U.S.
DOT regulations when they are promulgated, and "Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit Operations," 49 CFR Part 655, that implement 49 USC §
5331.
1-21 Seatbelt Use
Contractor shall adopt and promote on-the-job seatbelt use policies and programs for its employees
and other personnel that operate company owned, rented, or personally operated vehicles in
compliance with Federal Executive Order No. 13043, "Increasing Seatbelt Use in the United
States," April 16, 1997, 23 U.S.C. § 402 note. This provision shall be included in each third party
subcontract involving this project.
30
1-22 Texting While Driving and Distracted Driving
Contractor shall promote policies and initiatives for its employees and other personnel that adopt
and promote safety policies to decrease crashes by distracted drivers, including policies to ban text
messaging while driving consistent with Executive Order No. 13513, "Federal Leadership on
Reducing Text Messaging While Driving," October 1, 2009, 23 U.S.C. § 402 note, and DOT Order
3902.10, "Text Messaging While Driving," December 30, 2009. This provision shall be included
in each third party subcontract involving this project.
1-23 Use of $1 Coins
The Contractor and the County agree to comply with Section 104 of the Presidential $1 Coin Act
of 2005, 31 U.S.C. Section 5312(p), FTA assisted property that requires the use of coins or
currency in public transportation service or supporting service must be fully capable of accepting
and dispensing $1 coins
31
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
Federal Transit Administration (FTA)
The prospective Primary Participant (potential contractor for a major third -party contract),
certifies to the best of its knowledge and
belief, that it and its principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
2. Have not within a three (3) year period preceding this Bid been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain or performing a public (federal,
state or local) transaction or contract under a public transaction; violation of federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction or records, making false statements or receiving stolen
property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any of the offenses
enumerated in Paragraph 2 of this certification; and
4. Have not within a three (3) year period preceding this Bid had one or more public
transactions (federal, state or local) terminated for cause or default.
[If the primary participant (applicant for an FTA grant, or cooperative agreement or potential
third -party contractor) is unable to certify to any of the statements in this certification, the
participant shall attach an explanation to this certification.]
THE PRIMARY PARTICIPANT (POTENTIAL CONTRACTOR FOR A MAJOR THIRD -
PARTY CONTRACT) CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY
OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 USC SECTIONS
3801, ET SEQ., ARE APPLICABLE THERETO.
Name of Firm:
Authorized Signature:
Printed Name:
Title:
Date:
32
ATTACHMENT D
CONTRACT NO:
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION —
LOWER -TIER COVERED TRANSACTIONS
(This Attachment may be completed and submitted to the Buyer after award of Contract.)
The Lower -Tier Participant (potential sub -grantee or sub -recipient under a Federal Transit
Administration (FTA) project, potential third -party contractor, or potential subcontractor under a
major third -party contract), certifies, by submission of this Bid, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
The Lower -Tier Participant will not knowingly enter into any lower -tier covered transaction with a
person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the department or agency with which this transaction originated.
The prospective Lower -Tier Participant agrees by submitting this proposal that it will include this
requirement in all lower -tier covered transactions and in all solicitations for lower -tier covered
transactions.
If the Lower -Tier Participant (potential sub -grantee or sub -recipient under an FTA project, potential
third -party contractor, or potential subcontractor under a major third party contract) is unable to
certify to any of the statements in this certification, such participant shall attach an explanation to
this Bid.
THE LOWER -TIER PARTICIPANT (POTENTIAL SUB -GRANTEE OR SUB -AGREEMENT
UNDER AN FTA PROJECT, POTENTIAL THIRD -PARTY CONTRACTOR, OR POTENTIAL
SUBCONTRACTOR UNDER A MAJOR THIRD -PARTY CONTRACT) CERTIFIES OR AFFIRMS
THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS
SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTAND THAT THE
PROVISIONS OF 31 USC §§ 3801, ET SEQ., ARE APPLICABLE THERETO.
Name of Firm:
Authorized Signature:
Printed Name:
Title:
Date:
33
34
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Jack Pace, Department of Community Development Directo
t_
BY: Alison Turner, Sustainable Transportation Program Manager
Tony Cullerton, Finance Deputy Director
Niesha Fort -Brooks, Community Engagement Manager
CC: Mayor Ekberg
DATE: November 15, 2019
SUBJECT: Resolution Adopting a Title VI Program
ISSUE
Approve a Resolution to formally establish a Title VI Program.
BACKGROUND
Title VI of the Civil Rights Act of 1964 is a federal statute that provides that no person shall, on
the grounds of race, color, or national origin, be excluded from participation in, denied the
benefits of, or be subjected to discrimination under any programs or activity receiving federal
financial assistance. While some Title VI Program elements are currently being implemented in
the City, a Title VI Program has not been formally adopted citywide. For example, Public Works
produces an annual report to the Washington State Department of Transportation to remain
eligible for federal funding on capital projects.
DISCUSSION
Staff from the Department of Community Development, Public Works, Finance, and
Communications have been meeting to understand what the City needs in place to comply with
federal Title VI requirements. Transportation Demand Management (TDM) Program funding is
potentially available via King County Metro through a TDM Corridor Strategies Supporting
Centers federal Congestion Mitigation and Air Quality grant. Metro has requested the City adopt
this special transit Title VI Program as a sub -grantee to King County. This Title VI Program
includes a notice to the public, posted at City Hall and on the website, that the City complies
with the requirements of Title VI and related statues and regulations. It also includes a complaint
process and form. The TDM team is asking Council to adopt this resolution to be eligible to
accept the passthrough funding from Metro. Staff will further develop an organization -wide Title
VI Program that meets all federal requirements in 2020.
FINANCIAL IMPACT
There will be no impact to the general fund.
RECOMMENDATION
Council is being asked to approve the Resolution to formally establish a Title VI Program and
consider this item at the November 25, 2019, Committee of the Whole meeting and subsequent
December 2, 2019, Regular Meeting.
ATTACHMENTS
Attachment A: Resolution
Attachment B: 2019 City of Tukwila Title VI Program
35
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING ADOPTION OF
A TITLE VI PROGRAM AND THE REPORTING
REQUIREMENTS AS REQUIRED BY THE FEDERAL
TRANSIT ADMINISTRATION.
WHEREAS, Title VI of the Civil Rights Act of 1964 is a federal statute that provides
that no person shall, on the grounds of race, color, or national origin, be excluded from
participation in, denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance; and
WHEREAS, all programs receiving financial assistance from the Federal Transit
Administration (FTA) are subject to Title VI and the U.S. Department of Transportation's
implementing regulation at 49 CFR part 21; and
WHEREAS, the City of Tukwila is a recipient of financial assistance from the FTA
through its financial agreements with King County; and
WHEREAS, the FTA requires that all recipients of financial assistance from the FTA
document their compliance by adopting a Title VI program; and
WHEREAS, King County has requested that the City of Tukwila, as a sub -grantee,
comply with this requirement,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City of Tukwila Title VI Program, attached hereto as Exhibit A, is
adopted.
Section 2. This resolution shall be effective immediately upon passage.
WALegislative Development\Title VI Program adopted 11-8-19
AT:bjs Review and analysis by Barbara Saxton Page 1 of 26
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk:,
Passed by the City Council:
Resolution Number:
Attachment: Exhibit A-2019 City of Tukwila Title VI Program
W:\Legislative Development\Title VI Program adopted 11-8-19
AT:bjs Review and analysis by Barbara Saxton
Page 2 of 27
Exhibit A
2019 City of Tukwila Title VI Program
Introduction
The City of Tukwila ("City") is a Federal Transit Administration sub -grantee to King County. King
County Metro contracts with the City to fund commuter incentives, employer programs, and other
transportation demand management efforts. The City does not directly provide any transit service.
To meet certain Title VI program requirements, the City has its own procedures such as a complaint
process and public participation. The City will rely upon the analysis and overall program efforts
conducted by King County Metro to meet requirements, e.g. Limited English Proficiency.
Since the City does not operate any transit service, this plan only addresses the General Reporting
Requirements.
General Reporting Requirements
A. Title VI Notice to the Public
The City of Tukwila notifies the public that it complies with the requirements of Title VI and related
statutes and regulations. Notices are posted in City Hall and on the program website. The wording
of the notice follows:
The City of Tukwila hereby gives public notice that it is the policy of the City to assure
full compliance with Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights
Restoration Act of 1987, Executive Order (E.O.) 12898, and related statutes and
regulations in all programs and activities. Title VI requires that no person in the United
States of America shall, on the ground of race, color, national origin, or sex be excluded
from the participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the City receives federal financial
assistance.
Any person who believes they have been aggrieved by an unlawful discriminatory practice
under Title VI has a right to file a formal complaint with the City of Tukwila. Any such
complaint must be in writing and filed with the office of the City Clerk within 180 days
following the date of the alleged discriminatory occurrence.
B. Title VI Complaint Procedures and Form
A Title VI complaint form and instructions for filling out a Title VI complaint can be obtained from
the City Clerk's Office. A copy of the complaint form is in Appendix A along with the instructions for
completing the form.
38
C. Title VI Investigations, Complaints, and Lawsuits
The City of Tukwila has had no Title VI complaints related to transit during the past three years.
D. Public Participation Plan
The City of Tukwila fully encourages public involvement and participation in decision -making
processes. As part of the King County Department of Transportation work plan for public transit
projects, the City adopts the public participation plan of King County Metro Title VI Program Report
and will coordinate with King County Metro in public participation efforts related to transit projects
being managed by the City of Tukwila.
E. Language Assistance Plan
The City relies upon the limited English proficiency analysis conducted by King County. Additional
limited English proficiency compliance research conducted by the City of Tukwila indicates that the
most prevalent non-English languages spoken in Tukwila are Spanish, Vietnamese and Somali.
The City contracts with Language Line Solutions to provide interpretations free of charge for
customers/residents in need of services. Language Line translates more than 240 languages 24 hours
a day, 7 days a week.
F. Monitoring Sub -recipients
The City has no sub -recipients. It will cooperate with King County Metro in providing information and
attending meetings as required by King County Metro in its monitoring procedures of our efforts.
G. Review of Facilities Constructed
The City did not build any storage facilities, maintenance facilities or operations centers and did not
modify any facilities that require a Title VI analysis.
H. Documentation of Governing Body Review and Approval of the Title VI Program.
On December 2, 2019, the City Council adopted this Title VI program. The documentation of approval
is found in Appendix B.
2 39
Appendix A
TITLE COMPLAINT PROCESS AND FORM
COMPLAINT OF TITLE VI DISCRIMINATION AGAINST THE CITY OF TUKWILA, WASHINGTON
Who can file a Title VI complaint?
• A person who believes he or she has experienced discrimination based on race, color, national
origin or sex as provided by Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration
Act of 1987.
• Someone may file on behalf of classes of individuals.
How do I file a complaint?
• Fill out this form completely to help us process your complaint. Submit the completed form to
the City Clerk's Office within 180 calendar days of the alleged discriminatory act.
What happens when I file a complaint?
• The City will send you a written receipt of your complaint and will forward a copy of your
completed complaint form to the City department named as Respondent. The City will designate
a person to facilitate and coordinate responses to your Title VI complaint, and this person will
contact you.
The duties of this individual include but are not limited to:
• technical assistance to the department on requirements and regulations
• coordination of meetings between the parties, if needed
• monitoring completion of any future activities included in a complaint response
• other services as requested or deemed appropriate
Following an investigation of the complaint, the City will send you a letter of resolution.
What if I don't agree with the department's letter of resolution?
A complainant who does not agree with the letter of resolution may submit a written request for
a different resolution to the City within 30 days of the date the complainant receives the City's
response.
Do I need an attorney to file or handle complaint?
No. However, you may wish to seek legal advice regarding your rights under the law.
Return this form to:
City of Tukwila
City Clerk's Office
P.O. Box 97010
Tukwila WA 98073-9710
Telephone: 425-556-2190
Email: CitvClerk@Tukwila.,Rov
40
COMPLAINT OF TITLE VI DISCRIMINATION AGAINST THE CITY OF TUKWILA, WASHINGTON
Complainant Contact Information
Name
Street address/City/State/Zip code
Work phone #/Home phone #/Mobile phone #
Email address
Additional mailing address
If you are an inmate at a county correctional facility, include your BA number here
Aggrieved party contact information (if different from complainant):
Name
Street address/City/State/Zip code
Work phone #/Home phone #/Mobile phone #
Email address
4 41
Name of respondent — City of Tukwila, Washington
Department or agency (if known)
Address/location (if known)
Date of Incident
Statement of Complaint — Include all facts upon which the complaint is based. Attach additional
sheets if needed.
I believe the above actions were taken because of my:
Race National Origin Religion
Color Sex Other _
Name, position, and department of City employees you have contacted regarding the incident(s).
42
Witnesses or other involved — provide name, address, telephone number(s) and e-mail (if
available). Attach additional sheets if needed.
If you have filed a grievance, complaint or lawsuit regarding this matter anywhere else, give
name and address of each place where you have filed. Attach additional sheets if needed.
In the complainant's view, what would be the best way to resolve the grievance?
I affirm that the foregoing information is true to the best of my knowledge and belief. I
understand that all the information becomes a matter of public record after the filing of this
complaint.
Complainant
Aggrieved Party
Date
Date
43
Appendix B
City Approval of Title VI Program
44
City of Tukwila Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO:
Transportation and Infrastructure Co mittee
FROM:
Henry Hash Public Works Director /
BY:
Hari Ponnekanti, Deputy PW Director
CC:
Mayor Ekberg
DATE:
November 15, 2019
SUBJECT:
Public Safety Plan — Public Works Shops
Project No. 91630601, Contract No. 18-197
Amendment No. 2 with SHKS for Phase 1 Design
ISSUE
Approve Amendment No. 2 to Contract No. 18-197 with SHKS Architects to design the Fleet and
Facilities tenant improvements as part of the Public Works Shops Phase 1.
BACKGROUND
The City purchased the Heiser property at 11210 and 11234 Tukwila International Blvd in 2018 and
took possession in July 2019 for the new Public Works Shops. City Council approved a Master
Planning and Programming contract with SHKS Architects for $299,997 in September 2018.
Amendment No. 1 to this contract was for $16,500 to complete demolition specifications.
ANALYSIS
SHKS has completed the Master Planning effort and Phase 1 includes relocating the George Long
and Longacres operations to the new Fleet and Facilities Building (Heiser). Divisions being relocated
include facilities and fleet operations, the Police vehicle impound yard, and the Longacres spoils
site. Amendment No. 2 with SHKS Architects will design the necessary improvements to the Fleet
and Facilities Building to include seismic retrofit, interior and exterior improvements, upgrades to the
HVAC, mechanical, electrical, and storm drainage systems.
FINANCIAL IMPACT
Land Purchases
SOJ Contract
SHKS Contract 18-197
SHKS Amendment No. 2
SHKS 10% Contingency
Misc. Charges Survey, Attorney
Bond Debt Service Charges
Lydig Demolition
Total
Total Expenditures
RECOMMENDATION
Expenditures
$ 25,334,123.00
166,757.52
287,351.12
128,826.35
171,141.01
$ 26, 088,199.00
Balance Owing Budget
$ 35,700,000.00
$ 29,145.88
518,880.00
51,888.00
73,707.00
$ 673, 620.88 $ 35 700 000.00
$26.761.819.88
Council is being asked to approve Amendment No. 2 to Contract No. 18-197 with SHKS Architects for
$518,880.00 with $51,888.00 in contingency for a total of $570,768.00 for design services for the Public
Works Shops Phase 1 and to consider this item at the November 25, 2019 Committee of Whole
meeting and subsequent December 2, 2019 Regular Council meeting.
Attachments: SHKS Contract Amendment No.2
WAPW EngTROJECTSW BG Projects101 Public Safely Plan1PW Shops First Phase (91630601)Ilnfo Memo SAS Am 2101819.docx 45
CONTRACT FOR SERVICES
Amendment No. 2
Between the City of Tukwila and SHKS Architects
That portion of Contract No. 18-197 between the City of Tukwila and SHKS Architects is hereby
amended as follows:
Section 1 Project Designation: The City is retaining SHKS Architects to provide Design through
Close -Out services in connection with the project titled Tukwila Public Works Facility project
("Project"). When the City initially engaged SHKS Architects through Contract No. 18-197 to
provide Master Planning and Programming services, several sections of the incorporated AIA
B104-2017 Document included the note, "To apply only to design services, if added by
amendment." Because this Amendment No. 2 adds design services to the Project, those sections
are now meant to apply to SHKS Architects services on the Project. Instead of identifying each of
the individual sections of the AIA B104-2017 Document that now apply to SHKS Architect's
services, this Amendment No. 2 includes a restated AIA B104-2017 that includes those sections.
This restated version of the AIA B104-2017 Document is attached as Attachment A and
incorporated by reference.
Section 2 Scope of Services: SHKS Architects shall provide Schematic Design, Design
Development, Construction Documents, Bidding, Construction Administration, and Project
Closeout services related to the Project, as further described in Attachment A and its exhibit,
and including the provision of all labor, materials, equipment, and supplies.
Section 3 Payment: The City shall pay SHKS Architects for completed work and for services
rendered under this Agreement as follows:
The total fee for additional services related to Amendment No. 2 are $570,768.00. Payment for
the work provided by SHKS Architects shall be paid as provided on Attachment A, provided that
the total amount of payment to SHKS Architects shall not exceed $887,265.00 (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
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED
Christy O'Flaherty, MMC, City Clerk
20
CONTRACTOR
Printed Name:
APPROVED AS TO FORM
Office of the City Attorney
46
AGREEMENT made as of the E day of E in the year ((2019 <<2019 »
(In words, indicate day, month and year.)
BETWEEN the Architect's client identified as the Owner:
(Name, legal status, address and other information)
City of Tukwila
6200 Southcenter Boulevard
Tukwila WA 98188
i
and the Architect:
(Name, legal status, address and other information)
SHKS Architects,
1050 N 38t' Stree
Seattle WA 9810:
Ph: (206) 675-9L
for the following Project:
(Name, location and detailed description)
Public Works Facility
First Amendment (Phase 2: Design Through Close-out)
The Owner and Architect agree as follows.
47
TABLE OF ARTICLES
0 GENERALTERMS
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 SUPPLEMENTAL AND ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 0 GENERAL TERMS
§ 0.1 Project Designation. The Architect is retained by the Owner to perform Phase 4-2 of the Project, which includes
Proiect Desien through Close -Out. This Agreement is incomorated into the First Amendment. which was
contemplated in the Phase 1 Agreement for master planning and programming services, a -building ea ion
conditions assessment, and determining theN4ax m mm nllewable Genst,., etion Gent rn4ACC=) for- the P-ejeet iaor,..^a
Sefviees Project MACC.
§ 0.2 Scope of Services. The Architect agrees to perform the services described in this Agreement, including the
Architect's Fee Proposal dated Septem er 24November 6. 2018 2019, attached to this Agreement as Exhibit A-tPA
other exhibits that maybe addedby an amend—eent ^ cute, '�T *' ^ parties. The services include the provision of
all labor, materials, equipment and supplies and include coordination with, and incorporating the needs of, other
entities and public agencies as directed by Owner.
§ 0.3 Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period
commencing upon execution and ending at the completion of required scope of services, unless sooner terminated
under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the
Owner to the Architect to proceed. The Architect shall perform all services and provide all work product required
pursuant to this Agreement no later than "May 11,�9 2021, unless an extension of such time is granted in
writing by the Owner.
§ 0.4 Payment. The Architect shall be paid by the Owner for completed work and for services rendered under this
Agreement as follows:
48
A. Payment for the work provided by the Architect shall be made as provided in this Agreement, provided that
the total amount of payment to the Architect shall not exceed Two 14tindr-ed Ninet,, Seven Theiisand Nine
14, ndr-ea Twenty Nine Dollars ($297 o2n nnFive Hundred Seventy Thousand Seven Hundred Sixty -Eight
Dollars ($570,768) without express written modification of the Agreement signed by the Owner.
B. The Architect may submit vouchers to the Owner once per month during the progress of the work for partial
payment for that portion of the project completed to date. Such vouchers will be checked by the Owner and,
upon approval thereof, payment shall be made to the Architect in the amount approved.
C. Final payment of any balance due the Architect of the total contract price earned will be made promptly upon
its ascertainment and verification by the Owner after the completion of the work under this Agreement and its
acceptance by the Owner.
D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for
all materials, supplies, equipment and incidentals necessary to complete the work.
E. The Architect's records and accounts pertaining to this Agreement are to be kept available for inspection by
representatives of the Owner and the state of Washington for a period of three (3) years after final payments.
Copies shall be made available upon request.
§ 0.5 Compliance with Laws. The Architect shall, in performing the services contemplated by this Agreement,
faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the
services rendered under this Agreement.
§ 0.6 Indemnification. The Architect shall indemnify and hold the Owner, its officers, officials, employees and
volunteers harmless from any and all injuries, damages, losses or expenses including reasonable attorney fees and
litigation costs to the extent recoverable under applicable law, to the extent caused by the negligent acts, errors or
omissions of the Architect in performance of this Agreement, except for injuries and damages caused by the sole
negligence of the Owner.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event
of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the
Architect and the Owner, its officers, officials, employees, and volunteers, the Architect's liability hereunder shall be
only to the extent of the Architect's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY
UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ARCHITECT'S
WAIVER OF EMPLOYER IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR
THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY
THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement.
§ 0.7 Independent Contractor. The Architect and Owner agree that the Architect is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create
the relationship of employer and employee between the parties hereto. Neither the Architect nor any employee of the
Architect shall be entitled to any benefits accorded City employees by virtue of the services provided under this
Agreement. The Owner shall not be responsible for withholding or otherwise deducting federal income tax or social
security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to the Architect, or any employee of the Architect.
§ 0.8 Inconsistent Provisions. In the event provisions of this Article 0 are expressly inconsistent with any other
provision or exhibit of this Agreement, the provisions of this Article 0 shall prevail and take precedence.
ARTICLE 1 INITIAL INFORMATION— To apply only to design services, ;f added by amendment.
§ 1.1 This Agreement is based on the Initial Information set forth below:
(State below details of the Project's site and program, Owner's contractors and consultants, Architect's consultants,
Owner's budget for the Cost of the Work, and other information relevant to the Project.)
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Initial Information for the Project is set forth in the attached Exhibit o be negotia4edjA which is incorporated by
reference. Initial information is to include construction budget, anticipated design and construction milestones,
Owner representatives, and Architect's consultants.
§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
schedule, the Architect's services and the Architect's compensation. The Owner shall adjust the Owner's budget for
the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate
material changes in the Initial Information.
§ 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other
information or documentation in digital form. The parties will use AIA Document E203TM-2013, Building
Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and
exchange of digital data.
§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols
governing the use of, and reliance on, the information contained in the model and without having those protocols set
forth in AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, and the requisite
AIA Document G202TK--2013, Project Building Information Modeling Protocol Form, shall be at the using or relying
party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors
to, the building information model, and each of their agents and employees.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services set forth in this Agreement consistent with the professional
skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar
circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill
and care and the orderly progress of the Project.
§ 2.2 The Architect shall procure and maintain for the duration of the Agreement, insurance against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of the work hereunder
by the Architect, its agents, representatives, or employees.
A. Minimum Amounts and Scope of Insurance. Architect shall obtain insurance of the types and with the limits
described below:
.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired
and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
.2 Commercial General Liability insurance with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and
personal injury and advertising injury. Owner shall be named as an insured under the Architect's
Commercial General Liability insurance policy with respect to the work performed for the Owner.
.3 Worker's Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
.4 Professional Liability with limited of no less than $1,000,000 per claim and $1,000,000 policy aggregate
limit. Professional Liability insurance shall be appropriate to the architectural profession.
B. Other Insurance Provision. The Architect's Commercial General Liability insurance policies are to contain,
or be endorsed to contain that they shall be primary insurance with respect to the Owner. Any insurance,
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self-insurance, or insurance pool coverage maintained by the Owner shall be excess of the Architect's
insurance and shall not be contributed or combined with it.
C. Acceptability. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Architect shall furnish the Owner with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Architect before commencement of the work. Certificates of
coverage and endorsements as required by this section shall be delivered to the Owner within fifteen (15)
days of execution of this Agreement.
E. Notice of Cancellation. The Architect shall provide the Owner with written notice of any policy cancellation,
within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Architect to maintain the insurance as required shall
constitute a material breach of contract, upon which the Owner may, after giving five business days' notice to
the Architect to correct the breach, immediately terminate the contract or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the Owner on demand, or at the sole discretion of the Owner, offset against funds due the Architect
from the Owner.
§ 2.3 Certificates of Insurance. The Architect shall provide certificates of insurance to the Owner that evidence
compliance with the requirements in Section 2.2.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES- To apply only to design sen,,ss of added by -amendment
§ 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or
Additional Services.
§ 3.1.1 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on (1) the accuracy and completeness of the services and
information furnished by the Owner and (2) the Owner's approvals. The Architect shall provide prompt written notice
to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information.
§ 3.1.2 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services. Once approved by the Owner, time limits established by the
schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval,
the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.
§ 3.1.3 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents
required for the approval of governmental authorities having jurisdiction over the Project.
§ 3.2 Schematic Design Phase Services
§ 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws,
codes, and regulations applicable to the Architect's services.
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of
the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of
the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies
discovered in the information, and (2) other information or consulting services that may be reasonably needed for the
Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner
alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the
Owner regarding the requirements of the Project.
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§ 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the
Owner's approval, a preliminary design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may
include some combination of study models, perspective sketches, or digital representations. Preliminary selections of
major building systems and construction materials shall be noted on the drawings or described in writing.
§ 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building
orientation, together with other considerations based on program and aesthetics, in developing a design that
is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may
obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.
§ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment,
together with other considerations based on program and aesthetics, in developing a design for the Project
that is consistent with the Owner's program, schedule, and budget for the Cost of the Work.
§ 3.2.6 The Architect shall review the cost consultant's estimate of the Cost of the Work prepared in
accordance with Section 6.3 prior to submitting the estimate to Owner.
§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's
approval.
§ 3.3 Design Development Phase Services
§ 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's
authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the
Architect shall prepare Design Development Documents for the Owner's approval. The Design
Development Documents shall illustrate and describe the development of the approved Schematic Design
Documents and shall consist of drawings and other documents including plans, sections, elevations, typical
construction details, and diagrammatic layouts of building systems to fix and describe the size and character
of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate
elements. The Design Development Documents shall also include outline specifications that identify major
materials and systems and establish, in general, their quality levels.
§ 3.3.2 The Architect shall review the updated estimate of the Cost of the Work prepared in accordance with
Section 6.3.
§ 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of
any adjustments to the estimate of the Cost of the Work, and request the Owner's approval prior to
submitting the estimate to the Owner.
§ 3.4 Construction Documents Phase Services
§ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the
further development of the approved Design Development Documents and shall consist of Drawings and
Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other
requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the
Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other
similar submittals, which the Architect shall review in accordance with Section 3.6.4.
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§ 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over
the Project into the Construction Documents.
§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) procurement information that describes the time, place, and conditions
of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and
Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other
Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract
for Construction and Specifications, and may include bidding requirements and sample forms.
§ 3.4.4 The Architect shall review and provide written comment to the construction cost estimate produced
by the Architect's estimating consultant or GCCM, including scope of work missing from the estimate. The
Architect shall provide written concurrence that the estimate reflects the construction documents produced
by the Architect. The Architect shall have seven (7) days to review and provide comments to the estimate
from the date the estimate is received. This scope also applies to intermediate construction document
submittals.
§ 3.4.5 The Architect shall submit the Construction Documents, along with a written statement that the Owner's design
development comments have been incorporated into this submittal, to the Owner, take any action required under
Section 6.5, and request the Owner's approval.
§ 3.5 Procurement Phase Services
§ 3.5.1 General
The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's
approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either
competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3)
determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for
construction.
§ 3.5.2 Competitive Bidding
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by:
.1 facilitating the distribution of Bidding Documents to prospective bidders;
.2 organizing and conducting a pre -bid conference for prospective bidders;
.3 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and,
.4 organizing and conducting the opening of the bids, and subsequently documenting and
distributing the bidding results, as directed by the Owner.
§ 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the
Architect shall consider requests for substitutions and prepare and distribute addenda identifying approved
substitutions to all prospective bidders
§ 3.5.3 Negotiated Proposals
§ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by:
.1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and
requesting their return upon completion of the negotiation process;
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.2 organizing and participating in selection interviews with prospective contractors;
.3 preparing responses to questions from prospective contractors and providing clarifications and
interpretations of the Proposal Documents to the prospective contractors in the form of addenda;
and,
.4 participating in negotiations with prospective contractors, and subsequently preparing a
summary report of the negotiation results, as directed by the Owner.
§ 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the
Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute
addenda identifying approved substitutions to all prospective contractors
§ 3.6 Construction Phase Services
§ 3.6.1 General
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth
below and in the construction agreement between the Owner and Contractor ("Construction Agreement").
Construction administration services in excess of those contemplated below and in the Construction Agreement will
be performed as Additional Services.
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect
shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall
not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible
for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The
Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge
of and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing
portions of the Work.
§ 3.6.1.3 Subject to Section 4.2, the Architect's responsibility to provide Construction Phase Services commences
with the award of the Construction Agreement and terminates on the date the Architect issues the final Certificate for
Payment.
§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in
Section 4.2.2 to become generally familiar with the progress and quality of the portion of the Work completed, and to
determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make
exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits,
the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work
completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations
from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the
Work.
§ 3.6.2.2 The Architect will consult with the Owner concerning the advisability of rejecting Work that is observed to
be out of conformity with the Contract Documents. Whenever the Architect considers it necessary or advisable, the
Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the
Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of
the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a
duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other
persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests
shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
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§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable
from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not
show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents..
§ 3.6.2.5 The Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the
Contract Documents.
§ 3.6.3 Certificates for Payment to Contractor
§ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the
Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation
of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent
tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4)
specific qualifications expressed by the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on -site observations or inspections to check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,
or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract
Sum.
§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
§ 3.6.4 Submittals
§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or
withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in
accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with
reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit
adequate review.
§ 3.6.4.2 The Architect shall review and approve, reject, or take other appropriate action, upon the Contractor's
submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for
conformance with information given and the design concept expressed in the Contract Documents. Review of such
submittals is not for the purpose of determining the accuracy and completeness of other information such as
dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's
responsibility. The Architect's review shall not constitute approval of safety precautions or any construction means,
methods, techniques, sequences or procedures. The Architect's review of or approval of a specific item shall not
indicate review or approval of an assembly of which the item is a component.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the
Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted
to the Architect. The review shall be for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be
responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by
such design professionals.
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§ 3.6.4.4 The Architect shall review and respond to written requests for information about the Contract Documents.
The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for
information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or
Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such
requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If
appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the
requests for information.
§ 3.6.5 Changes in the Work
§ 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to
Section 4.2.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's
approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
§ 3.6.6 Project Completion
§ 3.6.6.1 The Architect shall:
.1 conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion;
.2 issue Certificates of Substantial Completion;
.3 forward to the Owner, for the Owner's review and records, written warranties and related
documents required by the Contract Documents and received from the Contractor; and,
.4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of
the Architect's knowledge, information, and belief, the Work complies with the requirements of the
Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check the general conformance
of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness
of the list submitted by the Contractor of Work to be completed or corrected.
§ 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from
the Contract Sum, if any, for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor:
(1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final
payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against
liens; and (3) any other documentation required of the Contractor under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial
Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to
review the facility operations and performance.
ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES
§ 4.0 Additional for Phase 1 of the -Pr-ejeet are iden4ified in Exhibit A. The Arehiteet may pr-evide these
Additional Sefviees af4er- &Eeetitiea of this Agreement without invalidating the AgFeement. Upon Feeognizing the need
to peFfefm Additienal SeFviees, t4e Ar-ehiteet shall notify the Owner, er- the OwneF shall notify the Ar-ehiteet, as
aceordance with this Section 4.0 shall entitle the Architect to compensation pursuant to Section 11.3.
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Spnionnc A 1 through A 9 A will apply 4n design SeryiGes Of added by amendment:
§ 4.1 Supplemental Services are not included in Basic Services but may be required for the Project. The Architect shall
provide the Supplemental Services indicated below, and the Owner shall compensate the Architect as provided in
Section 11.2. Supplemental Services may include programming, site evaluation and planning, environmental studies, civil
engineering, landscape design, telecommunications/data, security, measured drawings of existing conditions, coordination
of separate contractors or independent consultants, detailed cost estimates, on -site project representation beyond
requirements of Section 4.2.2, value analysis, interior architectural design, tenant related services, preparation of record
drawings, commissioning, sustainable project services, and any other services not otherwise included in this Agreement.
(Identify below the Supplemental Services that the Architect is required to provide and insert a description of each
Supplemental Service, if not further described in an exhibit attached to this document)
The table of -esp ,nsib'��a dese ipti ,n of Supplemental Services are set forth in the attached Exhibit ate be
q,jj.117 e. A as "Optional n aa;.;,., 1 ce.. ices."
§ 4.2 The Architect may provide Additional Services after execution of this Agreement without invalidating the
Agreement. Upon recognizing the need to perform Additional Services, the Architect shall notify the Owner. The
Architect shall not provide the Additional Services until the Architect receives the Owner's written authorization.
Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this
Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3.
§ 4.2.1 The Architect shall provide services necessitated by a change in the Initial Information, changes in
previous instructions or approvals given by the Owner, or a material change in the Project including size;
quality; complexity; the Owner's schedule or budget for Cost of the Work; or procurement or delivery
method as an Additional Service.
§ 4.2.2 The Architect has included in Basic Services to be M otiated „ ' ) ` visits to the site 1.y the ^ .elite .
dur-ing eenst-Fuetion. The Ar-ehiteet shall eonduet site visits in exeess of that afflaunt as an Additional site visits
appropriate to the stage of construction to become familiar with and keep Owner informed about progress and quality.
Unless designated otherwise in Exhibit A, site visits shall not be Additional Services.
§ 4.2.3 The Architect shall, as an Additional Service, provide services made necessary by a Contractor's proposed
change in the Work. The Architect shall prepare revisions to the Architect's Instruments of Service necessitated by
Change Orders and Construction Change Directives as an Additional Service. Design services for Owner -requested
chances are to be billed aeainst the "Design Service Contineencv" designated in Exhibit A.
C An A-1-- -- -----__11_—`1_ - A ____ ____ _" I- - --- ---I--___ -`-A---.4_."_ �---- _.r_._ 179/_\ "__--`I-
ARTICLE 5 OWNER'S RESPONSIBILITIES - To anal„ only to design sewines is added by amendment
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program which shall set forth the
Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,
expandability, special equipment, systems and site requirements.
§ 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work
as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs.
The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until
final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the
Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the
Project's scope and quality.
§ 5.3 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the
site of the Project; a written legal description of the site; and services of geotechnical engineers or other consultants,
when the Architect requests such services and demonstrates that they are reasonably required by the scope of the
Project.
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§ 5.4 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the
Owner and the Owner's consultants. The Owner shall require that its consultants and contractors maintain insurance,
including professional liability insurance, as appropriate to the services or work provided.
§ 5.5 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests; tests for air and water pollution; and tests for hazardous materials.
§ 5.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 5.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service.
§ 5.8 The Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of
or relating to the Contract Documents.
§ 5.9 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.10 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested
information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.
ARTICLE 6 COST OF THE WORK— To apply only to design serviGes, if added by Me-ndwsnt.
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs,
overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment,
donated to, or otherwise furnished by, the Owner, and all other items included in the definition of MACC in RCW
39.10.210(11)). . The Cost of the Work does not include the compensation of the Architect; the costs of the land,
rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the
Owner.
§ 6.2 The Owner's budget for the Cost of the Work shall be adjusted throughout the Project as required under Sections
5.2, 6.4 and 6.5. Any evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the
Cost of the Work and updated estimates of the Cost of the Work provided by the Architect, represent the Architect's
judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over
the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding,
market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or
negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of
the Work, or evaluation, prepared or agreed to by the Architect.
§ 6.3 The Architect will provide the services of a professional estimating consultant as an Additional Service. In
preparing estimates of the Cost of Work, the Architect's consultant shall be permitted to include contingencies for
design, bidding and price escalation; to determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and
scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to
meet the Owner's budget. The Architect's consultant's estimate of the Cost of the Work shall be based on current area,
volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work,
the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1, as a
Supplemental Service.
§ 6.4 If, through no fault of the Architect, construction procurement activities have not commenced within 90 days
after the Architect submits the Construction Documents to the Owner the Owner's budget for the Cost of the Work
shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
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§ 6.5 If at any time the estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the
Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the
Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.6 If the Owner's current budget for the Cost of the Work at the conclusion of the Construction Documents Phase
Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
the Cost of the Work; or
.5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as
necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction
Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify
the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the
Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the
Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services shall
be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be
the limit of the Architect's responsibility under this Article 6.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 Upon the making of final payment to the Architect, the Owner shall receive ownership of the property rights,
including copyrights, of all documents, drawings, specifications, electronic data and information ("Documents")
prepared, provided or procured by the Architect or by consultants retained by the Architect for this Project. If
requested to do so by the Owner, the Architect shall assign its copyrights to Owner and execute all other documents
necessary to give effect to this section. The transfer of such ownership to the Owner shall not prevent the Architect or
its consultants from using or replicating an individual standard feature and functionally -required element shown in the
Documents or to retain electronic data or other reproducible copies of the Documents or the right to reuse information
contained in them in their normal course of business and the Architect shall have a non-exclusive license to so use the
documents. The Architect and its consultants shall be deemed the authors of such Documents, and shall be given
appropriate credit in the public display of such Documents. The transfer of ownership of the Documents to the Owner
provided for herein shall not be deemed to be a sale of goods by the Architect, and the Architect makes no warranties,
express or implied, of merchantability or fitness for a particular purpose as provided for by RCW 62A.2 et seq.
§ 7.2 If this Agreement is terminated, the Owner shall receive ownership of the property rights of the Documents
upon payment of all sums due, at which time, the Owner shall have the right to use, to reproduce and to make
derivative works from the Documents to complete the Project. If this Agreement is terminated for default, the Owner
is entitled ownership rights upon such notice of termination to the Architect. Architect agrees to assign all copyrights
to Owner as necessary to effectuate this Article.
§ 7.3 The Owner may use, reproduce or make derivative works from the Documents for subsequent renovation and
remodeling of the Project, but shall not use, reproduce or make derivative works from the Documents for other
projects. The Owner's use of the Documents without the Architect's involvement or on other projects is at the
Owner's sole risk.
§ 7.3.1 This GtiOn is only to appl • only to design smiGes, of added by amend"'e^}: In the event the Owner uses the
Instruments of Service without retaining the authors of the Instruments of Service, following termination of this
Agreement when the Architect is not in default, or following completion of the Architect's performance under this
Agreement, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
from such uses, but only to the extent damages could have been reduced or avoided had the author of the Instruments
of Service been retained with respect to the use. The Owner, to the extent permitted by law, further agrees to indemnify
and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related
to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from
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the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply
if the Owner rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 The Architect shall obtain from its consultants, property rights and rights of use that correspond to the
rights given by the Architect to the Owner in this Agreement.
§ 7.5 The provisions of this Article 7 shall survive the termination of this Agreement.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 General
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or
related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding
dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case
not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all
claims and causes of action not commenced in accordance with this Section 8.1.1.
§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
each other and against the contractors, consultants, agents, and employees of the other, for damages, except such rights
as they may have to the proceeds of such insurance as set forth in the Construction Agreement. The Owner or the
Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar
waivers in favor of the other parties enumerated herein.
§ 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question,
arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
damages due to either party's termination of this Agreement, except as specifically provided in Section 9.6.
§ 8.2 Mediation
§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be
subject to direct negotiations per Section 12.1 then mediation as a condition precedent to binding dispute
resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the
Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines
prior to resolution of the matter by mediation or by binding dispute resolution.
§ 8.2.2 If direct negotiations fail to resolve any dispute between the parties, the Owner and Architect shall endeavor to
resolve claims, disputes, and other matters in question between them by mediation, which, unless the parties mutually
agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction
Industry Mediation Procedures in effect on the date of this Agreement. The parties shall share the mediator's fee and
any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is
mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
§ 8.2.3 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:
(Check the appropriate box.)
[ « » ] Arbitration pursuant to Section 8.3 of this Agreement
[ « X » ] Litigation in a court of competent jurisdiction
[ ] Other: (Specify)
E
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If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in
writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent
jurisdiction.
§ 8.3 [Intentionally omitted.]
§ 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of
performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the
Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of
services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any
expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the
remaining services and the time schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9.5.1 In the event of the death of a member, partner or officer of the Architect, or any of its supervisory personnel
assigned to the project, the surviving members of the Architect hereby agree to complete the work under the terms of
this Agreement, if requested to do so by the Owner. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Architect and the Owner, but only if the Owner so chooses.
§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including
the costs attributable to the Architect's termination of consultant agreements.
§ 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience
pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the
Architect the following fees:
(Set forth below the amount of any termination or licensing fee, or the method for determining any termination or
licensing fee)
.1 Termination Fee:
.2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service:
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§ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of
Substantial Completion.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be subject to, and the Architect shall at all times comply with, all applicable federal, state
and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances
of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this
Agreement, the parties specifically understand and agree that venue shall be properly laid in King County,
Washington. Venue for any action arising from or related to this Agreement shall be exclusively in King County
Superior Court.
§ 10.2 Terms in this Agreement shall have the same meaning as those in the Construction Agreement, or if not defined
in the Construction Agreement, then in the AIA Document A201-2017, General Conditions of the Contract for
Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written
consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project
if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to
the Architect by the Owner prior to the assignment.
§ 10.4 If the Owner requests the Architect to execute certificates or consents, the proposed language of such
certificates or consents shall be submitted to the Architect for review at least 14 days prior to the requested dates of
execution. The Architect shall not be required to execute certificates or consents that would require knowledge,
services or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of,
a third party against either the Owner or Architect.
§ 10.6 The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or
exposure of persons to, hazardous materials or toxic substances in any form at the Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect's promotional and professional materials. However, the Architect's materials shall not include
information the Owner has identified in writing as confidential or proprietary. The Owner shall provide professional
credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the
termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4.
§ 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining
provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or
unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and
enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the
parties' intentions and purposes in executing the Agreement.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
follows:
.1 Stipulated Sum
(Insert amount)
E
.2 Percentage Basis
(Insert percentage value)
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M M ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section
11.6.
.3 Other
(Describe the method of compensation)
On an hourly basis, according to the hourly rates stated in Exhibit A, up to and not to exceed a
maximum amount of Two 14tmdred Ninety Seven Thousand Nine 14un -oa Twenty Nine Do!!-
($297 o2o nm Four Hundred Sixty -Two Thousand Eight Hundred Eighty Dollars ($462,880).
§ 11.2 For Supplemental Services identified in Section 4.1, the Owner shall compensate the Architect as
follows:
(Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of
compensation apply)
There are no Supplemental Serwices for PhOn an hourly basis, according to the hourly rates stated in Exhibit A,
up to and not to exceed a maximum amount as agreed to by the parties prior to the Architect providing such services.
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the
Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation)
Additional nal Services and their- ,.,,fres,.onding On an hourly basis, according to the hourly rates stated in
Exhibit A-, up to and not to exceed a maximum amount of Fifty -Six Thousand Dollars ($56,000).
The Design Service Contingency referenced in Section 4.2.3 above is Fifty -One Thousand Eight Hundred
Eighty -Eight ($570,888).
§ 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in
Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus « » percent ( « »%), or as follows:
If not included in Sections 11.2 or 11.3, the parties shall agree upon compensation for Supplemental and Additional
Services of the Architect's consultants prior to Architect retaining those consultants for the Project.
§ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the
Work, the compensation for each phase of services shall be as follows: [per state schedule]— may be use f^�
design swin^cf if added by amendment
Schematic Design Phase
Design Development Phase
Construction Documents
Phase
Design Phase
Construction Phase
Post Occunancv Phase
Total Basic Compensation
fifteen percent (
twenty-five percent (
thirty-four percent (
one hundred percent ( 100 %)
§ 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of
Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent
budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on
subsequent updates to the Owner's budget for the Cost of the Work.
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§ 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not
constructed, compensation for those portions of the Project shall be payable to the extent services are performed on
those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services
performed whether or not the Construction Phase is commenced.
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below.
The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below)
Emplo ee or Category Rate
§ 11.8 Compensation for Reimbursable Expenses
§ 11.8.1 Reimbursable Expenses include expenses incurred by the Architect and the Architect's
consultants directly related to the Project, as follows:
.1 Transportation and authorized out-of-town travel and subsistence;
.2 Long distance services, dedicated data and communication services, teleconferences, Project web sites,
and extranets;
.3 Permitting and other fees required by authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, and standard form documents;
.5 Postage, handling, and delivery;
.6 Expense of overtime work requiring higher than regular rates if authorized in advance by the Owner;
.7 Renderings, physical models, mock-ups, professional photography, and presentation materials
requested by the Owner or required for the Project;
.8 Expense of professional liability insurance dedicated exclusively to this Project or the expense of
additional insurance coverage or limits requested by the Owner in excess of that normally maintained
by the Architect and the Architect's consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses; and
.11 Other similar Project -related expenditures.
§ 11.8.2 For Reimbursable Ex enses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus ia percent ( g10 ». %) of the expenses incurred. The estimated reimbursable expenses
for Phase 4-2 are Nine Three Thousand Fex�Five Hundred Sixty Eight ($9 n 68 00Dollars ($3,500) and are included in
the not -to -exceed amount identified in Section 11.1.
§ 11.9 Payments to the Architect
§ 11.9.1 Initial Payment
An initial payment of << zero » ($ << 01) shall be made upon execution of this Agreement and is the minimum payment
under this Agreement. It shall be credited to the Owner's account in the final invoice.
§ 11.9.2 Progress Payments
§ 11.9.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid forty-five (45) days
after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing
from time to time at the principal place of business of the Architect.
(Insert rate of monthly or annual interest agreed upon)
.% per annuri
§ 11.9.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated
damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work
unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
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§ 11.9.2.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
(Include other terms and conditions applicable to this Agreement)
§ 12.1 Direct Negotiations. As a condition precedent to mediation and litigation, the Owner or the Architect shall
attempt to resolve all disputes via direct negotiations. Either the Owner or the Architect may make a request for direct
negotiations. Direct negotiation representatives of the parties shall be the Owner's Designated Representative, as
defined in Section 1.1.8 and the Architect's Designated Representative, as defined in Section 1.1.10. Direct
negotiations shall take place at the Project worksite or at a location as agreed to by Owner's and Architect's
Designated Representatives. Each party shall document results of the direct negotiations, and these documents shall be
exchanged between the parties.
§ 12.2 Covenant Against Contingent Fees. The Architect warrants that he has not employed or retained any company or
person, other than a bonafide employee working solely for the Architect, to solicit or secure this contract, and that he
has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Architect,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the Owner shall have the right to annul this
contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
§ 12.3 Discrimination Prohibited. The Architect, with regard to the work performed by it under this Agreement, will not
discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation,
gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of
employees or procurement of materials or supplies.
§ 12.4 Assignment. The Architect shall not sublet or assign any of the services covered by this Agreement without the
express written consent of the Owner.
§ 12.5 Non -Waiver. Waiver by the Owner of any provision of this Agreement or any time limitation provided for in this
Agreement shall not constitute a waiver of any other provision.
§ 12.6 Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all
other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context
are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive
termination of this Agreement.
§ 12.7 Notices. Notices to the Owner shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Architect shall be sent to the following address:
SHKS Architects, P.S., Inc.
1050 N 38th Street
Seattle WA 98103
Attn: Adam Hutschreider, Principal
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§ 12.8 Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire
and integrated Agreement between the Owner and the Architect and supersedes all prior negotiations, representations,
or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless
it is in writing and signed by the parties.
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both the Owner and Architect.
§ 13.2 This Agreement is comprised of the following documents identified below:
.1 AIA Document B 104Tm-2017, Standard Abbreviated Form of Agreement Between Owner and
Architect
.2 AIA Document E203Tw-2013, Building Information Modeling and Digital Data Exhibit, dated as
indicated below:
(Insert the date of the E203-2013 incorporated into this agreement.)
E
.3 Exhibits:
(Clearly identify any other exhibits incorporated into this Agreement, including any exhibits identified
in Section 4.1.)
Exhibit A: SHKS Architects Fee Proposal, dated Stp4ember 24Nov:JMW�,441-2019
.4 Other documents:
(List other documents, if any, including additional scopes of service forming part of the Agreement)
• Report from Wagner Architects
• Phase 1 and 2 Environmental Site Assessments
• Geotech report
• Building Condition Assessments
• As -built documents from building owners
• Existing Stormwater Pollution Prevention Plan SWPP information
• Existing building drawings for existing CoT Public Works buildings/property - George Long and
Minkler Shops
• Program Information - Employee counts (Division/Group breakdown, matrix), equipment/fleet
(quantity, size), future staff and equipment projections
• Space needs assessments
• Sustainability goals/requirements
• Sound transit easement
• Century Link easement
• Shoreline setback memo
This Agreement entered into as of the day and year first written above.
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OWNER (Signature)
»« »�
(Printed name and title)
ARCHITECT (Signature)
(Printed name, title, and license number, if required)
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S H K S A R C H I T E C T S
November 06, 2019
Hari Ponnekanti
City of Tukwila Public Works Department
6300 Southcenter Blvd Ste 100
Tukwila, WA 98188
Re: CITY OF TUKWILA PUBLIC WORKS
Dear Hari,
I am writing to request compensation for services including design through project closeout. These services
include preparing design, permit and bid documents, and construction contract administration for the City of
Tukwila Public Works (TPW) Shops Building (Heiser) renovation.
Please do not hesitate to contact us with any questions you may have.
Sincerel
x
Adam utschreid r, AIA
Principal
cc: Jonathan Hartung, file
Seattle, WA I Burlington, VT
www.shksarchitects.com
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S H K S A R C H I T E C T S
Additional Services Fee Proposal
Project Name CITY OF TUKWILA PUBLIC WORKS
Date Submitted November 06, 2019 Revision Number: 3
PROJECT UNDERSTANDING
SHKS Architects basic services include schematic design, design development, construction documents, bidding,
construction contract administration, and project close-out services for the Tukwila Public Works Shops Phase 1
(Heiser) renovation as established in City Project No. 91630601, Contract 18-197. Our scope of work includes
renovations to the existing building only, to accommodate TPW vehicle maintenance operations and facilities and
custodial crews. Renovations include: seismic upgrades to the existing structure, MEP upgrades to meet code
requirements and improve occupant health, office tenant improvement, locker rooms and showers, parts storage,
shop, and vehicle maintenance bays. The City of Tukwila has elected to perform sitework improvements including:
utilities, site structures, landscaping and site grading directly with a Job -Order -Contractor and are therefore
excluded from Architectural Basic Services.
Basic services include architectural, structural, mechanical and electrical services. Basic service meetings are
limited to four meetings during Schematic Design, five meetings during Design Development and five meetings
during Construction Documents. Each meeting is budgeted for four hours including travel time. All meetings are
scheduled to occur at TPW offices. Meetings during design and construction documents beyond (14) identified
above, are an additional service.
SCOPE OF SERVICES & DELIVERABLES
1. Schematic Design (30% Design)
• Schematic Drawings
2. Design Development (60% Design)
• 100% DD Drawings and outline specifications (coordinate owner division 0 and 1)
• 100% DD Cost Plan
• Permit submittal including drawings, calculations and revisions
3. Construction Documents
• 90% Design Drawings
• 100% Bid Documents (drawings and specifications)
4. Bidding
• Coordinate issuance of bid documents
• Respond to bidder questions
• Clarify bid documents
5. Construction Administration
• Site visits appropriate to stage of construction to become familiar with and keep Owner informed
about progress and quality
• Arrange and attend construction meetings bi-weekly and record meeting notes, maximum of 20
meetings are included. Meetings beyond 20 will be billed at hourly rates as established in City
Project No. 91630601, Contract 18-197
69
S H K S A R C H I T E C T S
6. Project Closeout
• Review Work for completeness and quality. Record deviations and issue punchlist to Contractor
• Review operations and maintenance manuals
• Assess, determine and issue notice of Final Completion
MAXIMUM ALLOWABLE CONSTRUCTION COST (MACC)
The anticipated maximum allowable construction cost (MACC) for the project is $4,400,000.
BASIC SERVICE FEE
We have based our fee proposal on the State of Washington A/E Fee Schedule for Public Works Building Projects
(Schedule C) with a 3% adjustment for remodel design of an existing building. Based on a percentage of 10.52%
of the MACC, the fixed fee for basic services is $462,880.
ADDITIONAL SERVICES
Building Assessment and Survey:
Scope includes Building Assessment and Survey include a reasonable field observation and assessment of the
building shell and building systems to assess their adequacy for continued use or need for replacement as part of
the project. Includes site visits to document existing conditions, field verification, and one meeting with the
consultant team to review findings. Scope assumes maximum of 65 hours for site visits, documentation and
coordination. Additional time beyond 60 hours, if required, will be billed per hourly rates established in City Project
No. 91630601, Contract 18-197.
Value Engineering (SHKS Architects):
Scope for Value Engineering Services includes participation in a Value Engineering exercise to determine
reduced cost alternates to reduce overall construction costs. Includes a maximum of 60 hours of time for SHKS.
Additional time beyond 60 hours, if requested, will be billed per hourly rates established in City Project No.
91630601, Contract 18-197.
Record Drawings
Includes providing record as -built drawings at the conclusion of Project Closeout. Includes transcribing all
Architect -generated changes during construction, as well as converting the Contractor's as -built drawing set into a
complete BIM or CAD generated drawing set.
Envelope Consultant (Wetherholt and Associates)
Scope includes consulting services to review building envelope assembly, make recommendations and
coordinate documents. Fees include up to two meetings during design at SHKS offices and four site visits during
construction to review assembly installations. Additional meetings and/or site visits, if requested, will be billed per
hourly rates established in City Project No. 91630601, Contract 18-197.
Maintenance Facility Design (Whitman, Requardt and Associates, LLP):
This scope includes design and specification consulting and document review of the vehicle maintenance facility.
Fees include up to 40 hours of consultant time. Additional meetings, consultation, and/or design review, if
requested, will be billed per hourly rates established in City Project No. 91630601, Contract 18-197.
Site Planning and Coordination (SHKS Architects):
Fees for Site Planning Services include consulting services to plan and coordinate site improvements.
Construction work to be performed by the City of Tukwila Job Order Contractor. Includes up to 80 hours of
consultant time. Additional time beyond 80 hours, if requested, will be billed per hourly rates established in City
Project No. 91630601, Contract 18-197.
Reimbursables:
70
S H K S A R C H I T E C T S
Expenses in addition to compensation for Basic Services include expenses incurred by the Architect directly
related to the Project. Expense costs to be reimbursed by the Client may include but are not limited to the
following: printing, courier fees, mileage, permit fees, other fees, presentation materials, models, visualizations,
and photography. The Architect shall seek prior authorization from the Owner for these expense costs.
For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect plus « Ten »
percent ( «10 )> %) of the expenses incurred.
The estimated reimbursable expenses for this project are $3,500.
The above additional services totaling $56,000 are in addition to the Basic Service Fee.
OPTIONAL ADDITIONAL SERVICES
Optional additional services may be added at the Owner's request and could extend the design schedule.
Services will be billed per hourly rates established in City Project No. 91630601, Contract 18-197.
Phased Permitting and/or Bid Packages:
Basic service fees include one permit submittal and one bid package. Phased permitting and or bid packages are
not included. If requested, fees will be billed per hourly rates established in City Project No. 91630601, Contract
18-197. Phased permitting and bid packages will extend the project schedule.
Civil Engineering (LPD Engineering):
Civil Engineering Services in support of City of Tukwila sitework improvements are not included. If requested, fees
will be billed per hourly rates established in City Project No. 91630601, Contract 18-197.
Landscape Architecture (SiteWorkshop):
Landscape Architecture Services in support of City of Tukwila sitework improvements are not included. If
requested, fees will be billed per hourly rates established in City Project No. 91630601, Contract 18-197.
DESIGN SERVICE CONTINGENCY
$51,888
10% of the overall basic and additional services fee is included as a design service contingency to be used to
address design service changes requested by the Owner but not known at this time. Utilization of the contingency
will require mutual agreement in writing by SHKS Architects and the Owner, prior to performing services.
SUMMARY OF FEES
Basic Services:
$462,880
Additional Services: $56,000
Design Service Contingency: $51,888
Total: $570,768
RATES
Rates are hourly, in accordance with the rates stated in City Project No. 91630601, Contract 18-197.
SCHEDULE
Schematic Design
Design Development
Construction Documents
Bidding
Construction
Project Closeout
12/04/19 through 01/31/20
02/04/20 through 03/31/20
04/08/20 through 07/02/20
07/13/20 through 08/31/20
08/31/20 through 03/30/21
03/31/21 through 05/11/21
71
72
City of Tukwila Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director
BY: Peter Lau, Senior Program Manager
CC: Mayor Allan Ekberg
DATE: November 15, 2019
SUBJECT: 53rd Avenue South Project (South 1371h Street to South 144th Street)
Project No. 99110301, Contract No.15.159
Construction Management Amendment No. 7 with KPG, Inc.
ISSUE
Approve Amendment No. 7 for additional construction management to Contract No. 15-159 with KPG, Inc.
BACKGROUND
Contract No. 15-159 with KPG provided design and construction management (CM) services for the 531d Ave S Project.
DISCUSSION
KPG's Amendment No. 7 will allow the continuation of construction engineering, inspection, and documentation compliance
support for the full completion of the 53rd Ave S Project. The construction project is currently anticipated to be completed by early
2020. However, the progress of the utility conversion work will dictate when construction will be physically completed. Currently,
Seattle City Light (SCL) accepted the new underground facilities installed by the contractor, is reviewing the facility record drawing
provided by the contractor and will schedule their undergrounding crew to start pulling electrical wires once the record drawing are
accepted by SCL,
FISCAL IMPACT
The table below shows the project budget and expenditures, with the inclusion of KPG's Amendment No, 7. KPG's fee of
$176,278.00 is reasonable for the scope of work provided to complete this challenging project.
Design/ROW
CM
Construction
Budget
Design & ROW (up to Am. No. 3) $ 809,382
$832,000
KPG CM Amendment Nos. 4 to 6
$1,118,612
870,000
KPG CM Amendment No. 7
176,278
City CM Staff (estimated total)
115,000
SCI Construction Contract w/ sales tax
5,953,250
7,548,000
SCI Change Orders No. 1 to 7 w sales tax
635,714
Construction Contingency Remaining
155,025
Total $ 809,382
$1,409,890
$6.743.989
Grand Total
Z 1
9.250.000
The current 2019 CIP project budget is sufficient to cover the cost of KPG's Amendment No. 7, and with a construction
contingency of $155,025 to cover all future change orders and other additional costs needed to physically complete the 53rd
Ave S Project.
RECOMMENDATION
Council is being asked to approve Amendment No. 7 to Contract No. 15-159 with KPG, Inc. in the amount of $176,278 for a
new contract total of $1,950,479.69 for the 531d Ave S Project and to consider this item on the Consent Agenda at the
December 2, 2019 Regular Meeting.
Attachments: 2019 CIP, page 3, KPG Amendment No. 7
1WWStore1PW Common$\PW EngIPROJECTSIA- RW & RS Projects0rd Ave S (99110301)ICN Managemenftfo Memo for KPG Supp #7,10-30-19.docx
73
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2019 to 2024
PROJECT: 53rd Ave S (S 137th St - S 144th St) Project No. 99110301
DESCRIPTION: Design and construct urban residential street improvements that include curb, gutter, sidewalk, undergrounding,
and illumination. Street will coordinate with Water $1.1 m, Sewer $185k, and Surface Water $920k CIP projects.
JUSTIFICATION: Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization.
STATUS: Undergrounding is included at this time.
MAINT. IMPACT: Reduce pavement, shoulder, and drainage work.
State TIB grant for $2.14M for roadway and drainage. See additional pages in Enterprise funds under
COMMENT: 53rd Ave S Projects. Seattle City Light is now negotiating a 60/40 underground split and undergrounding
costs have been added to project. Bond for $2 million.
FINANCIAL Through Estimated
(in $000's) 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL
EXPENSES
Design
607
21
628
Land (R/W)
157
47
204
Const. Mgmt.
435
435
870
Construction
3,239
2,050
5,289
Undergrounding
1,379
880
2,259
TOTAL EXPENSES
764
5,121
3,365
0
0
0
0
0
0
9,250
FUND SOURCES
Utilities W/S/SWM
259
1,161
1,254
2,674
Awarded TIB Grant
65
1,912
364
2,341
Seattle City Light
729
428
1,157
Bond
2,049
2,049
City Oper. Revenue
(1,609)
1,319
1,319
0
0
0
0
0
0
1,029
TOTAL SOURCES
764
5,121
3,365
0
0
0
0
0
0
9,250
r- .
;�,j Project Location
1
M
74
2019 - 2024 Capital Improvement Program 3
Agreement Number:
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Amendment #7
Between the City of Tukwila and KPG Inc.
That portion of Contract No. 15-159 between the City of Tukwila and KPG Inc. is amended
as follows:
Article 2, Scope of Services, shall be supplemented with the following:
The Consultant agrees to provide construction services in accordance with the scope of
work included as Exhibit A-7.
Article 3 - Duration of Agreement; Time for Performance, shall be modified as follows:
This Agreement shall be in full force and effect for a period commencing upon execution and
ending June 30, 2020, unless sooner terminated under the provisions hereinafter specified.
Work under this Agreement shall commence upon written notice by the City to the
Consultant to proceed. The Consultant shall perform all services and provide all work
product required pursuant to this Agreement no later than June 30, 2020 unless an extension
of such time is granted in writing by the City.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B-7, attached
hereto, provided that the total amount of payment to the Consultant for this work not exceed
$176,278.00 without express written modification of the Agreement signed by the City. The
new total contract shall not exceed $1,950,479.69 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
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED
Christy O'Flaherty, MMC, City Clerk
20
CONTRACTOR
Printed Name:
APPROVED AS TO FORM
City Attorney
Page 1 of 1
75
EXHIBIT A-7
Supplement 7
Additional Construction Management Services
Scope of Work
October 2019
City of Tukwila
53" Ave S (S 140 Street to S 137t" Street)
Project No. 99110301
TIB Project No.: 8-1-116(012)-1
KPG Project #: 15085
BACKGROUND
This work will provide additional construction management services for the construction contract to
complete 53rd Avenue S Roadway Improvements (S 1441" Street to S 1371" Street). These additional
services include:
• Construction services for approximately 12 week duration for coordination and inspection of
punchlist activities and coordination with Seattle City Light (SCL) to obtain operational
acceptance.
• Part time construction services for an estimated 12 week suspension period to allow SCL to
perform their underground conversion and wreckout the existing aerial system.
• Perform monthly PSIPE walk through with Contractor through June 2020 (9 total).
• Construction services for 3 weeks to complete required Contract work following the SCL
suspension period.
This supplement is provided to continue construction management and inspection services in accordance
with the original authorization and as detailed below:
II. INTRODUCTION
The following scope of services and associated costs are based upon the assumptions outlined below.
General Assumptions:
• Services will be performed in accordance with the Contract plans & special provisions, WSDOT
Local Agency Guidelines ("LAG"), the WSDOT Construction Manual, and the client engineering
standards.
• The franchise utilities will provide field inspection for all work surrounding the construction or
relocation of their utility systems not constructed by the Client's Contractor, if necessary.
City of Tukwila 53rd Ave S Page 1 of 3 KPG
Additional Construction Management Services Project #15085
Scope of Work — Supplement 7 October 2019
76
EXHIBIT A-7
III. SCOPE OF WORK
TASK 1— MANAGEMENT/COORDINATION/ADMINISTRATION
1.1 Provide ongoing coordination, management, and progress reporting for the estimated 8 month
duration of this agreement.
TASK 2 — DESIGN SUPPORT
No additional funds are requested for this task. We have been able to mitigate the longer contract
duration and can continue to provide the services described in the original scope of work within the
previously authorized budget.
TASK 3 — PRECONSTRUCTION SERVICES
Work is complete, no additional funds are requested for this task.
TASK 4 — CONSTRUCTION OBSERVATION
Construction Observation services will continue in accordance with the original scope of work. Additional
observation time is required to achieve physical completion due to longer contract duration:
4.6 The Consultant shall provide the services of one part-time inspector with necessary oversight,
engineering, and administrative support for punchlist coordination and final restoration following the
SCL suspension period as described in the Background section of this scope of work. The inspection
budget is based on 12 weeks prior to suspension at 24 hours/week and 3 weeks after suspension at
32 hours/week. An additional 40 hour of inspection time is included in the project budget in the event
field support is requested by the City during the 12 week SCL suspension period.
4.7 The Consultant shall perform on site monthly walkthroughs with the Contractor and landscape
subcontractor on a monthly basis between October 2019 and completion of the plant establishment
period in June 2020. Level of effort is estimated at 6 hours/month resident engineer and 2
hours/month documentation specialist to complete the walk through and document findings.
TASK 5 — CONSTRUCTION SERVICES — OFFICE
Construction Office services will continue in accordance with the original scope of work. Additional time
is required to achieve physical completion due to longer contract duration:
5.28 The Consultant shall provide the services of one part-time resident engineer and one part-
time documentation specialist with necessary oversight, engineering, and administrative
support throughout the punchlist, SCL suspension period, and final restoration activities as
described in the Background section of this scope of work. The budget is based on 16
City of Tukwila 53 d Ave S Page 2 of 3 KPG
Additional Construction Management Services Project #15085
Scope of Work — Supplement 7 October 2019
77
EXHIBIT A-7
hours/week part-time resident engineer and 16 hours/week part-time documentation
specialist during the punchlist and final restoration services (15 weeks) and 8 hours/week
resident engineer and 16 hours/week documentation specialist during the SCL suspension
period (12 weeks). Budget also includes engineering support to complete record drawings
during the SCL suspension period.
TASK 6 — SURVEY & MATERIAL TESTING
Work is complete, no additional funds are requested for this task. Remaining budget will be utilized to
offset additional construction observation time required as a result of longer contract duration, number
of crews, and working hours than anticipated in original budget assumptions.
TASK 7 - ADDITIONAL SERVICES
Additional services requested by the client, will be performed only when authorized by the client.
Authorization to perform additional services will be in writing, specifying the work to be performed, and
basis of payment. Items such as Community Outreach (except as completed on a day to day basis by the
inspector and resident engineer as described herein), Public Meetings, Ribbon Cutting Ceremony, claims
analysis, additional surveying, services during shutdown periods of non -working days, and services for
extended working days are examples of possible additional services.
City of Tukwila 53 d Ave S Page 3 of 3 KPG
Additional Construction Management Services Project #15085
Scope of Work — Supplement 7 October 2019
78
HOUR AND FEE ESTIMATE
Project: City of Tukwila TIB No. 8-1-116(012)-1
53rd Ave S Tukwila # 99110301
Supplement No. 7 KPG No. 15085
Additional Construction Management Services
KPG
Interdisciplinary Design
Project
Project
Resident
Senior Const Engineering
Doc Control
Senior
Task Description
Manager
Engineer
Engineer
Inspector Inspector Technician
Admin
Admin
Budget
$ 225.00
$ 140.00
$ 166.00
$ 128.00 $ 92.00 $ 95.00
$ 77.00
$ 115.00
Task 1 - Manaaement/Coordination/Ad ministration
Through expiration of amendment 8
0
0
0
0
0
0
16
$ 3,640
Reimbursable expenses - no additional required
$ -
Task Totals 8
0
0
0
0
0
0
16
$ 3,640
Task 2 - Desian Sunnort during Construction
No Additional Budget Required 0
0
0
0
0
0
0
0
$ -
Reimbursable expenses - no additional required
$ -
Task Total 0
0
0
0
0
0
0
0
$ -
Task 3 - Preconstruction Services
No Additional Budget Required 0
0
0
0
0
0
0
0
$ -
Reimbursable expenses - no additional required
$ -
Task Total 0
0
0
0
0
0
0
0
$ -
Task 4 - Construction Observation
4.6 Construction observation
0
8
16
280
160
0
16
0
$ 55,568
4.7 PSIPE monthly walk throughs (9)
0
0
54
0
0
0
18
0
$ 10,350
Reimbursable expenses - no additional required
$ -
Task Total
0
8
16
280
160
0
16
0
$ 65,918
Task 5 - Construction Services - Office
5.28 Construction office services 0
40
340
0
0
60
440
40
$ 106,220
Reimbursable expenses - mileage and misc expenses
$ 500
Task Total
0
40
340
0
0
60
440
40
$ 106,720
Task 6 - Survev & Material Testina
No Additional Budget Required 0
0
0
0
0
0
0
0
$ -
Reimbursable expenses - no additional required
$ -
Task Total
0
0
0
0
0
0
0
0
$ -
i otal Hours is Q$ Job ztsu 'I bu bu 45b bb
Total Budget: $ 176,278
City of Tukwila 53rd Ave S KPG
Additional Construction Management Services Project 15085
Budget Estimate - Supplement 7 Page 1 of 1 AugusfN19
80
City of Tukwila Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director �;• �.
BY: Ryan Larson, Senior Program Manager
CC: Mayor Ekberg
DATE: November 15, 2019
SUBJECT: Starfire Sports Athletic Center Improvements
Resolution approving an Administrative Variance to allow Wet-Floodproofing
ISSUE
Approve a Resolution providing an administrative variance to Tukwila Municipal Code Chapter 16.52 to
allow wet-floodproofing of improvements to the Starfire Athletic Center within Fort Dent Park.
BACKGROUND
The City of Tukwila participates in the National Flood Insurance Program. This program requires that
the City adopt floodplain management standards and a floodplain construction permit process to
ensure that all new developments and redevelopment within flood hazard areas meet federal
standards. These standards require that when development is proposed within a flood hazard area, all
structures must either be elevated or floodproofed one foot above the base flood elevation.
Floodproofing is not allowed for residential construction.
The Federal Emergency Management Agency's (FEMA) standard for floodproofing is a method known
as dry-floodproofing. Dry-floodproofing requires that the structure is watertight one foot above the base
flood elevation and prevents the inundation of floodwaters into the structure. Wet-floodproofing is
allowed for certain situations and is accomplished by letting flood water inundate the structure. The
structure is constructed of materials that will not be damaged by floodwaters to an elevation one foot
above the base flood elevation. All materials subject to damage must be located above this elevation.
Since wet-floodproofing is not the standard established by FEMA or included in our City TMC, a
variance must be issued by Resolution to allow the use of this method for floodproofing a structure.
Resolution No. 1526 granted the original variance that allowed the construction of the Starfire Athletic
Center to be within a flood hazard area using wet-floodproofing techniques. This new proposed
Resolution will allow an administrative variance for improvements to the Athletic Center that will
enclose areas below the stadium currently used for storage and provide more secure storage and
covered flex areas for practice.
DISCUSSION
City staff have reviewed FEMA guidelines, the City's TMC, and sought guidance from the State
Department of Ecology who administers flood control issues for FEMA and determined that wet-
floodproofing is permitted under limited situations. These situations include:
The applicant desires to wet-floodproof
Notification to the applicant that a variance will not alter the actuarial rating of a structure for
flood insurance purposes
That a lesser degree of floodproofing will not subvert the goals of floodplain management
W:\PW Eng\PROJECTSW- DR Projects\Starfire Sports - Flood Variance\Info Memo Wet Floodproofing Variance.docx
81
Info Memo
Starfire Resolution
Page 2
That the structure must be protected to the maximum extent possible using an appropriate
alternative flood protection technique
Providing d ry-flood proofing would cause an exceptional hardship
A variance is obtained to permit this method
The Starfire Athletic Center is a large soccer complex containing two soccer fields and elevated
restrooms, offices, and a concession area. The soccer fields were constructed approximately 4-feet
below the base flood elevations. Storage areas were also constructed below the base flood elevation
and a chain -link fence material was used for security of stored items and to allow the automatic entry
and exit of floodwaters. The new improvements include replacing the chain -link fencing with concrete
blocks containing windows and doors. Some of the enclosed areas will continue to be used for storage
and the remainder will be covered with artificial turf and used as indoor practice areas. All materials
used will be flood resistant and all enclosed areas will be fitted with flood vents that automatically allow
the entry and exit of floodwaters.
RECOMMENDATION
Council is being asked to approve this Resolution that allows an administrative variance be granted to
the City's TMC Chapter 16.52 for wet-floodproofing to the Starfire Athletic Center and consider this item
at the November 25, 2019 Committee of the Whole meeting and subsequent December 2, 2019 Regular
Meeting.
ATTACHMENTS:
• Draft Wet Floodproofing Resolution
• Starfire Sports Variance Request Letter
• Original Resolution No. 1526
W;\PW Eng\PROJECTSW- DR Projects\Starfire Sports - Flood Variance\Info Memo Wet Floodproofing Variance.docx
82
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ALLOWING FOR THE
ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL
CODE CHAPTER 16.52 AND ALLOWING FOR THE WET-
FLOODPROOFING OF IMPROVEMENTS TO THE
STARFIRE ATHLETIC CENTER.
WHEREAS, the City of Tukwila has entered into an agreement with Starfire Sports
to develop and operate park athletic, recreation and associated facilities at the Fort Dent
Park; and
WHEREAS, portions of Fort Dent Park are within the Green River floodplain; and
WHEREAS, the City of Tukwila participates in the National Flood Insurance Program
and this program requires the City to adopt floodplain management standards and a
floodplain construction permit process; and
WHEREAS, the Indoor Athletic Center was permitted and constructed under
Resolution No. 1526 that allowed the use of wet -flood proofing techniques; and
WHEREAS, Starfire Sports has requested another variance that would allow for
modifications to the existing Athletic Center and allow wet -flood proofing of indoor practice
and storage areas; and
WHEREAS, the City of Tukwila follows the U.S. Army Corps of Engineers Flood -
Proofing Regulations, the Federal Emergency Management Agency (FEMA)
Floodproofing Standards, and the Federal Insurance Administration (FIA) Regulations,
which allow the City to grant wet -flood proofing variances to those standards and
requirements if certain criteria are met as found in 44 CFR 60.6(a) of FIA Regulations;
and
WHEREAS, wet -flood proofing will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with existing local laws or ordinances; and
W:\Word Processing\Resolutions\Starfire wet-floodproofing variance 11-1-19
RL: Review and analysis by Barbara Saxton Page 1 of 23
WHEREAS, it has been determined that a variance is the minimum necessary,
considering the flood hazard, to afford relief; and
WHEREAS, Starfire Sports has shown good and sufficient cause for a variance; and
WHEREAS, the federal standard (dry-floodproofing) would cause an exceptional
financial hardship to Starfire Sports; and
WHEREAS, the improvements will not be located within a floodway; and
WHEREAS, the criteria set forth in 44 CFR 60.6(a) of FIA Regulations has been met;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The above Whereas recitals are herein adopted as Findings of Fact.
Section 2. The City of Tukwila Public Works Department is hereby authorized to
grant a flood zone permit allowing the use of wet-floodproofing for modifications to the
existing Starfire Athletic Center. Wet -flood proofing shall be an administrative variance to
Tukwila Municipal Code Chapter 16.52 due to the compelling public policy reasons stated
herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTH E NTI CATE D:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk:_
Passed by the City Council:
Resolution Number:
W.\Word Processing\Resolutions\Starfire wet-floodproofing variance 11-1-19
RL: Review and analysis by Barbara Saxton Page 2 of 24
+� •
Star1l,e
RT
•
October 25, 2019
Henry Hash
Public Works Director
City of Tukwila- Public Works
6300 Southcenter Blvd.
Tukwila, WA 98188
Dear Mr. Hash,
RECEIVED
1,J1, LIC Vq0F'K"
Starfire Sports would like to ask for a flood variance the same we were granted in
2003 to construct the buildings. The variance is to enclose the rest of the ground
level. The two main reasons are to secure areas that has multiple breaks ins and
secondly and more importantly to create flex spaces for our Academy STEM
program.
Starfire is seeking to extend the success of the Starfire Sports Academy soccer
programs by offering our student athletes the opportunity to participate in STEM
programs. Similar to our soccer programming approach, we want to reduce the
barriers of entry by making STEM classes fun, approachable, and accessible to all.
Our goal is not to replace the role of schools, but to help prepare our youth to
engage and fully embrace STEM learning opportunities at their schools. We will do
this by using STEM -based gamification products that will engage our student
athletes, cultivate their curiosity, and make them comfortable with the underlying
science and technology through project -based learning. From the soccer field to the
classroom, we seek to make our student athletes as confident joining a robotics or
coding club in high school as they are trying out for the soccer team.
These spaces will allow us to better serve our community while keeping the facility
safe for all. With no other space here not in the floodplain it is the only reasonable
option. We ask for your and the Tukwila City Council's support to help create these
much -needed spaces.
Sincerely
Ben Oliver
President & CEO
Starfire Sports
Stare Sports
14800 Starfire Way
Tukwila, WA 98188
Phone: 206.431.3232
Fax: 206.431.6811
www.starfiresports.com
info@sta86resports.com
City of Tukwila
Washington
Resolution No. /teal.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ALLOWING FOR THE ADMINISTRATIVE VARIANCE TO
TUKWILA MUNICIPAL CODE CHAPTER 16.52 AND ALLOWING FOR THE WET-
FLOODPROOFING OF THE STARFIRE ATHLETIC CENTER
WHEREAS, the City of Tukwila has entered into an agreement with Starfire Sports to develop and
operate park athletic, recreation and associated facilities at the Fort Dent Park; and
WHEREAS, portions of Fort Dent Park are within the Green River floodplain, and
WHEREAS, the City of Tukwila participates in the National Flood Insurance Program and this
program requires the City to adopt floodplain management standards and a floodplain construction permit
process, and
WHEREAS, the proposed Indoor Athletic Center does not meet the federal standards for floodplain
construction in accordance with Chapter 16 52 of the Tukwila Municipal Code, dry floodproofing
methods must be used, and
WHEREAS, Starfire Sports has requested a variance that would allow for wet-floodproofing of the
Indoor Athletic Center, an acceptable alternative under limited situations, and
WHEREAS, The City of Tukwila has adopted the U S Army Corps of Engineers Flood -Proofing
Regulations, the Federal Emergency Management Agency (FEMA) Floodproofing Standards, and the
Federal Insurance Administration (FIA) Regulations which allow the City to grant wet-floodproofing
variances to those standards and requirements if certain criteria are met as found in FIA Section 1910 6(a)
of FIA Regulations, and
WHEREAS, the proposed Starfire construction meets all of the FEMA wet-floodproofing variance
criteria, to wit wet-floodproofing will not alter the actuarial rating of the Athletic Center for flood
insurance purposes, will not subvert the goals of flood plain management, the Athletic Center will have
elevated offices, restrooms, and concession area, and all components subject to flood damage will be at
least one foot above the base flood elevation, and the federal standard (dry-floodproofing) would cause an
exceptional financial hardship,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO HEREBY RESOLVE AS FOLLOWS
Section 1 The above Whereas recitals are herein adopted as findings of fact
Section 2. The Public Works Department is hereby authorized to grant a flood zone permit allowing
for wet-floodproofing of the Starfire Athletic Center Wet-floodproofing shall be an administrative
variance to Tukwila Municipal Code 16 52 due to the compelling public policy reasons stated above
PASSED BY THE CITY COUNCIL OF THE WY OF TUKWILA, WASHINGTON, at a
,�arweeting thereof this o43 '"'t day of 2003
ATTEST/ AUTHENTICATED•
ne E. Cantu, CMC, City Clerk
7ROVE TO F M BY
Office of the City Attorney
Pam Carter, Council President
Filed with the City Clerk:
Passed by the City Council.
Resolution Number- / 5 Z4,
86
Resolution Starfire 6/19/03 doc
City of Tukwila Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director _;' „
BY: Cyndy Knighton, Senior Program Manager
CC: Mayor Ekberg
DATE: November 15, 2019
SUBJECT: Concurrence Standards and Transportation Impact Fees
Ordinance Updating TMC Chapter 9.48
ISSUE
Amend certain sections of the Tukwila Municipal Code (TMC) Chapter 9.48 to update the
Transportation Impact Fee Schedule (TIF), use of traffic impact fees and exemptions.
BACKGROUND
In December 2005, the City established traffic concurrency standards and a new impact fee
process, adopted via ordinance and codified in TMC Chapter 9.48. Since that time, the TIF has
been updated once and various revisions to the Concurrency Standards and Transportation Impact
Fees chapter have been made.
ANALYSIS
Updates to the TIF have been made to include updated project costs from the current Capital
Improvement Program (CIP) as well as final project costs from past projects which been closed
out. Also included in the updated TIF are additions and deletions of projects to reflect the current
needs of the City in maintaining roadway capacity and levels of service. A summary of the changes
is attached to this memorandum.
In addition to updating the TIF, staff identified a few other sections which needed updating or
clarification to reflect current conditions.
TMC Section 9.48.040 has been updated to include a ten-year window for expending or
encumbering impact fees from date of receipt. This change reflects the current state law, which
was originally a six -year window. Additionally, the last sentence of the section is proposed for
reinstatement. Allowing for trip generation credit for existing buildings/uses was originally granted
so long as the building had been in use and not vacant for 12 months or less. In 2010, the City
struck this sentence as a temporary way to mitigate the impacts on the development community
associated with the Great Recession. With the strong economic and development climate, staff
does not recommend giving trip credit for vacancies of more than 12 months.
TMC Section 9.48.125 revises the language on how the TIF is adopted to reflect actual practice
and match Section 9.48.100. The current language in 9.48.125 states Public Works Fee Schedule
establishes the TIF, which is established by Ordinance. The TIF is established via ordinance and
codified in TMC Chapter 9.48.
Currently TMC Section 9.48.125 exempts accessory residential structures from paying impact
fees. This is proposed to be removed with the advent of more and more Accessory Dwelling Units
(ADU) being constructed, often as an accessory structure. ADUs are subject to paying impact fees
and are charged at the multi -family rate for the zone that they are built in. Other types of accessory
W.\PW Eng\PROJECTS\A- RW & IRS Projects\Concurrency & Impact Fees\INFORMATION MEMO -Impact Fee Update 2020.docxw:\pw eng\projects\a- rw & rs
projects\concurrency & impact fees\information memo - impact fee update 2020.docx
87
Info Memo
Modifying TMC 9.48
Page 2
structures such as a garage do not increase trip generation and are therefore already exempt from
being charged an impact fee.
FINANCIAL IMPACT
The updated TIF will generally increase the amount of traffic impact fee monies being collected.
The impact fees are placed in a dedicated account for use only on the projects identified within the
fee calculations.
RECOMMENDATION
Council is being asked to approve the Ordinance amending TMC Chapter 9.48 and consider this
item at the November 25, 2019 Committee of the Whole and subsequent December 2, 2019 Regular
Meeting.
ATTACHMENTS
• Draft Ordinance with new 2020 Transportation Impact Fee Schedule
• Impact Fee Changes Summary
• Comparison of 2018 Impact Fees in Western Washington
• 2007 Transportation Impact Fee Schedule
W:1PW Eng1PROJECTSIA- RW & RS Projects\Concurrency & Impact Fees\INFORMATION MEMO - Impact Fee Update 2020.docx
88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2521
§2, 2305 §2 AND 2111 §1 (PART), AS CODIFIED IN VARIOUS
SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 9.48,
"CONCURRENCY STANDARDS AND TRANSPORTATION
IMPACT FEES," TO UPDATE FEES AND FEE CALCULATION
LANGUAGE; REPEALING ORDINANCE NO. 2156; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila's concurrency standards and transportation impact
fees are codified at Chapter 9.48 of the Tukwila Municipal Code; and
WHEREAS, the City of Tukwila desires to update its impact fees to reflect current
costs; and
WHEREAS, the City Council desires to amend certain sections relating to calculation
and use of impact fees, and exemptions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Figure 9-1 Amended. Ordinance No. 2111 §1 (part), as codified at
Tukwila Municipal Code (TMC) Section 9.48.030, "Imposition of Transportation Impact
Fees," is hereby amended by updating the Traffic Impact Fee Schedule, as codified as
Figure 9-1, and attached to the ordinance as "Exhibit A."
Section 2. TMC Section 9.48.040 Amended. Ordinance Nos. 2305 §2 and 2111 §1
(part), as codified at TMC Section 9.48.040, are hereby amended to read as follows:
9.48.040 Calculation of Impact Fees
A. The method of calculating the transportation impact fees in this chapter
incorporate, among other things, the following:
1. The cost of public streets and roads necessitated by new development;
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2. An adjustment to the costs of the public streets and roadways for past or
future mitigation payments made by previous development to pay for a particular system
improvement that was prorated to the particular street improvement;
3. The availability of other means of funding public street and roadway
improvements; and
4. The methods by which public street and roadway improvements were
financed.
B. Fees for development shall be calculated based on their net new "p.m. peak
hour" trip generation rates as determined by the Public Works Director, or designee,
applying the ITE Trip Generation Manual. If the proposed development activity concerns
an existing use, the fee shall be based on net new trips generated by the redevelopment.
Section 3. TMC Section 9.48.090 Amended. Ordinance No. 2111 §1 (part), as
codified at TMC Section 9.48.090, subparagraph G., is hereby amended to read as follows:
9.48.090 Use of Impact Fees
G. Transportation impact fees shall be expended or letter encumbered for a
permissible use within ten years of receipt, unless there exists an extraordinary or
compelling reason for fees to be held longer than years. The Public Works Director
may recommend to the Council that the City hold fees beyond years in cases where
extraordinary or compelling reasons exist. Such reasons shall be identified in written findings
by the Council.
Section 4. TMC Section 9.48.125 Amended. Ordinance No. 2521 §2, as codified at
TMC Section 9.48.125, is hereby amended to read as follows:
A. The impact fees are generated from the formula for calculating the fees as set
forth in this chapter. The amount of the impact fees is determined by the information
oNhr,. XA1GF : Fce c,v t,� r� yin depicted on FiaurE
cf the C;;, �, ^+c All development activity located
within the City shall be charged a transportation impact fee, provided that the following
exemptions shall apply.
B. The following shall be exempt from transportation impact fees:
1. Replacement of a structure with a new structure having the same use, at the
same site, and with the same gross floor area, when such replacement is within 12
months of demolition or destruction of the previous structure.
2. Alteration, expansion, or remodeling of an existing dwelling or structure
where no new units are created and the use is not changed.
�n+inn r`i �res id e +ial s+r. in+. iro
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43. Miscellaneous improvements including, but not limited to, fences, walls,
swimming pools and signs that do not impact the transportation system.
_. Demolition of or moving an existing structure within the City from one site to
another.
65. Transportation impact fees for the construction of low-income housing may
be reduced at the discretion of the Public Works Director when requested by the property
owner in writing prior to permit submittal and subject to the following criteria:
a. Submittal of a fiscal impact analysis of how a reduction in impact fees
for the project would contribute to the creation of low-income housing;
b. Fee reduction table.
Unit Size
2 or more bedrooms
2 or more bedrooms
Any size
Affordability Target'
80% 2
60% 2
50% 2
Fee Reduction
40%
60%
80%
1 — Units to be sold or rented to a person or household whose monthly housing
costs, including utilities other than telephone, do not exceed 30% of the
household's monthly income.
2 — Percentage of King County Median family income adjusted for family size as
reported by the U.S. Department of Housing and Urban Development.
c. The developer must record a covenant per RCW 82.02.060 (3) that
prohibits using the property for any purpose other than for low-income housing at the
original income limits for a period of at least 10 years. At a minimum, the covenant must
address price restrictions and household income limits for the low-income housing, and
that if the property is converted to a use other than low-income housing within 10 years,
the property owner must pay the City the applicable impact fees in effect at the time of
conversion.
7-6. Change of Use. A development permit for a change of use that has less
impact than the existing use shall not be assessed a transportation impact fee.
_. A fee payer required to pay for system improvements pursuant to RCW
43.21 C.060 shall not be required to pay an impact fee for the same improvements under
this ordinance.
Section 5. Repealer. Ordinance No. 2156 is hereby repealed in its entirety.
Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
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Section 7. Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of the
remaining portion of this ordinance or its application to any other person or situation.
Section 8. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Figure 9-1 — Traffic Impact Fee Schedule 2020
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Figure 9-1
Traffic Impact Fee Schedule 2020
Land Uses
Unit of
Measure
Zone 1
Zone 2
Zone 3
Zone 4
Cost per Trip All Other Uses 1 $4,438.731 $4,863.141 $5,345.421 $2,057.66
Residential
Single Family
dwelling
$4,600.24
$15,329.49
$5,497.85
$767.86
Multi Family
dwelling
$2,106.51
$7,019.56
$2,517.54
$351.61
Retirement Community
dwelling
$859.64
$2,864.60
$1,027.38
$143.49
Nursing Home/Convalescent Center
bed
$1,022.27
$3,406.55
$1,221.75
$170.64
Assisted Living
dwelling
$1,208.14
$4,025.93
$1,443.88
$201.66
Residential Suites/Microunit apartmentq
dwelling
$1,394.01
$4,645.30
$1,666.02
$232.68
Commercial - Services
Drive-in Bank
sq ft/GFA
$61.77
$205.83
$73.82
$10.31
Walk-in Bank
sq ft/GFA
$45.09
$150.26
$53.89
$7.53
Day Care Center
sq ft/GFA
$51.67
$172.19
$61.75
$8.62
Library
sq ft/GFA
$28.44
$94.76
$33.99
$4.75
Post Office
sq ft/GFA
$39.07
$130.18
$46.69
$6.52
Hotel/Motel
room
$2,788.02
$9,290.60
$3,332.03
$465.37
Service Station
VFP
$37,812.08
$126,002.19
$45,190.14
$6,311.50
Service Station/Minimart
VFP
$28,603.25
$95,315.34
$34,184.44
$4,774.39
Service Station/Minimart/Car Wash
VFP
$18,582.17
$61,921.84
$22,208.00
$3,101.69
Carwash (Self -Serve)
Stall
$16,732.78
$55,759.07
$19,997.75
$2,793.00
Movie Theater
screen
$355.47
$1,184.55
$424.83
$59.33
Health Club
sq ft/GFA
$16.97
$56.56
$20.28
$2.83
Racquet Club
sq ft/GFA
$13.31
$44.36
$15.91
$2.22
Public Park
acre
$511.14
$1,703.28
$610.87
$85.32
Golf Driving Range
tees
$5,808.38
$19,355.41
$6,941.74
$969.52
Batting Cages
cage
$10,315.68
$34,375.21
$12,328.52
$1,721.87
Multipurpose Recreational Facility
sq ft/GFA
$16.64
$55.43
$19.88
$2.78
Trampoline Park
sq ft/GFA
$6.97
$23.23
$8.33
$1.16
Bowling Alley
sq ft/GFA
$5.39
$17.96
$6.44
$0.90
Ice Skating Rink
sq ft/GFA
$6.18
$20.59
$7.39
$1.03
Casino/Video Lottery Estab. With Food
sq ft/GFA
$62.68
$208.88
$74.92
$10.46
Commercial - Institutional
Elementary School/Jr. High School
student
$789.94
$2,632.34
$944.08
$131.85
High School
student
$650.54
$2,167.81
$777.47
$108.59
University/College
student
$882.87
$2,942.02
$1,055.14
$147.37
Religious Institutions
sq ft/GFA
$2.28
$7.59
$2.72
$0.38
Hospital
sq ft/GFA
$3.61
$12.02
$4.31
$0.60
Commercial - Restaurant
Quality Restaurant
sq ft/GFA
$20.30
$67.64
$24.26
$3.39
High Turnover Restaurant
sq ft/GFA
$25.88
$86.23
$30.93
$4.32
Fast Food Restaurant w/o drive thru
sq ft/GFA
$65.84
$219.41
$78.69
$10.99
Fast Food Restaurant w/ drive thru
sq ft/GFA
$75.90
$252.94
$90.71
$12.67
Drinking Place
sq ft/GFA
$39.62
$132.04
$47.36
$6.61
Coffee/Donut Shot w/ drive thru
sq ft/GFA
$20.16
$67.171
$24.091
$3.36
Industrial
Light Industry/High Technology
sq ft/GFA
$2.93
$9.76
$3.50
$0.49
Industrial Park
sq ft/GFA
$1.861
$6.191
$2.221
$0.31
Warehousing/Storage
sq ft/GFA
$0.881
$2.941
$1.061
$0.15
Mini Warehouse
sq ft/GFA
$0.791
$2.631
$0.941
$0.13
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Page 1 of 2
93
Figure 9-1
Traffic Impact Fee Schedule 2020
Land Uses
Unit of
Measure
Zone 1
Zone 2
Zone 3
Zone 4
Cost per Trip All Other Uses 1 $4,438.731 $4,863.141 $5,345.421 $2,057.66
Commercial - Retail
Shopping Center
up to 9,999 sq ft
sq ft/GLA
$27.51
$91.67
$32.88
$4.59
10,000 sq ft-49,999 sq ft
sq ft/GLA
$17.26
$57.52
$20.63
$2.88
50,000 sq ft-99,999 sq ft
sq ft/GLA
$14.98
$49.91
$17.90
$2.50
100,000 sq ft-199,999 sq ft
sq ft/GLA
$13.63
$45.43
$16.29
$2.28
200,000 sq ft-299,999 sq ft
sq ft/GLA
$12.93
$43.08
$15.45
$2.16
300,000 sq ft-399,999 sq ft
sq ft/GLA
$12.75
$42.49
$15.24
$2.13
over 400,000 sq ft
sq ft/GLA
$13.21
$44.01
$15.79
$2.20
Miscellaneous Retail Sales
sq ft/GFA
$13.07
$43.55
$15.62
$2.18
Supermarket
sq ft/GFA
$27.48
$91.57
$32.84
$4.59
Convenience Market
sq ft/GFA
$111.82
$372.61
$133.64
$18.66
Nursery/Garden Center
sq ft/GFA
$22.57
$75.22
$26.98
$3.77
Furniture Store
sq ft/GFA
$1.14
$3.78
$1.36
$0.19
Car Sales - New/Used
sq ft/GFA
$11.49
$38.28
$13.73
$1.92
Auto Care Center
sq ft/GLA
$14.45
$48.16
$17.27
$2.41
Quick Lubrication Vehicle Shop
Service Bay
$15,775.56
$15,775.56
$15,775.56
$15,775.56
Auto Parts Sales
sq ft/GFA
$15.97
$53.22
$19.09
$2.67
Pharmacy (with Drive Through)
sq ft/GFA
$24.39
$81.26
$29.14
$4.07
Pharmacy (no Drive Through)
sq ft/GFA
$18.59
$61.93
$22.21
$3.10
Free Standing Discount Store
sq ft/GFA
$18.63
$62.08
$22.26
$3.11
Hardware/Paint Store
sq ft/GFA
$8.15
$27.16
$9.74
$1.36
Discount Club
sq ft/GFA
$12.24
$40.78
$14.62
$2.04
Video Rental
sq ft/GFA
$28.44
$94.76
$33.99
$4.75
Home Improvement Superstore
sq ft/GFA
$6.28
$20.93
$7.50
$1.05
Tire Store
Service Bay
$11,442.04
$11,442.041
$11,442.04
$11,442.04
Electronics Superstore
sq ft/GFA
1 $13.861
$46.171
$16.56
$2.31
Commercial - Office
Administrative Office
up to 9,999 sq ft
sq ft/GFA
$5.52
$18.40
$6.60
$0.92
10,000 sq ft-49,999 sq ft
sq ft/GFA
$5.06
$16.86
$6.05
$0.84
50,000 sq ft-99,999 sq ft
sq ft/GFA
$4.85
$16.17
$5.80
$0.81
100,000 sq ft-199,999 sq ft
sq ft/GFA
$4.68
$15.61
$5.60
$0.78
200,000 sq ft-299,999 sq ft
sq ft/GFA
$4.56
$15.19
$5.45
$0.76
over 300,000 sq ft
sq ft/GFA
$4.52
$15.05
$5.40
$0.75
Medical Office/Clinic
I sq ft/GFA
1 $11.431
$38.09
$13.66
$1.91
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Page 2 of 2
94
Traffic Impact Fee Schedule
Impact Fee Changes Summary
2007
2020
Total
Remainder
Collectable
Collectable
Collected as
to be
Projects on Impact Fee List
via TIF
via TIF
of 7/31/19
Collected
Recommendation
Zone 1: South/Southcenter
Southcenter Urban Access/Klickitat
$3,731,449
$2,584,905
$2,045,037
$539,869
Andover Park W
$1,199,781
$738,346
$426,198
$312,148
Andover Park E/Minkler
$363,102
$95,834
$31,932
$63,902
West Valley Highway/S 156th St (now WVH)
$360,011
$0
$12,309
-$12,309
Remove project
Minkler Boulevard: APW to Southcenter Pkwy
$328,337
$327,250
$69,754
$257,496
Andover Park E/Industry Dr.
$275,803
$80,754
$12,309
$68,444
Southcenter Parkway/S 168th Signal
$200,129
$199,467
$54,006
$145,461
W Valley Highway/Strander NB LT Lanes
$152,847
$152,341
$65,065
$87,276
Interuban Bridge
$631,848
$629,756
$149,290
$480,466
Minkler Blvd (section completed in 1995)
$949,198
$946,057
$201,653
$744,404
West Valley Highway
$0
$0
Remove project
Subtotal
$8,192,505
$5,754,711
$3,067,554
$2,687,157
Zone 2: East/Interurban
Macadam Rd/53rd Ave/S 144th St
$399,743
$0
$84,310
-$84,310
Remove project
Southcenter Blvd/65th Avenue S Signal
$900,000
$0
NEW project
Southcenter Blvd/1-405 Off Ramp
$45,000
$0
NEW project
Subtotal
$399,743
$945,000
$84,310
Zone 3: West/TIB
S 144th Street
$393,771
$463,807
$403,407
$60,400
S 133rd St/SR 599 SB Off -ramp
$22,229
$640,000
$118,729
$521,271
Increase project cost
Macadam Rd/51st Ave/S 144th St NBLT Lane
$0
$0
Remove project
S 124th SU42nd Ave S Signal
$0
$0
Remove project
S 160th/42nd Ave S Widening EB/WB LT
$0
$0
Remove project
E Marginal Way/S 130th St Signalization
$0
$0
Remove project
Subtotal
$416,000
$1,103,807
$522,136
$581,671
Zone 4: North/MIC
Tukwila International Boulevard Phase IV
$214,327
$0
$403,407
$0
Remove project
E Marginal Way (BAR - 112th St)
$10,983
$0
$118,729
-$108,770
Remove project
E Marginal Way/S 112th Street Signal
$15,500
$0
NEW project
BAR/EMW/TIB Intersection Modifications
$21,700
$0
NEW project
Tukwila Int'I Blvd/S 116th/SR 599
$0
$0
Remove project
$225,310
$37,200
$522,136
-$108,770
Zone 5: Citywide
Signal Interconnect 2005
$373,000
$373,000
$0
$209,904
Signal Interconnect 2020
$350,000
$0
$350,000
NEW project
Subtotal
$373,000
$723,000
$0
$559,904
95
Traffic Impact Fee Schedule
Impact Fee Changes Summary
2007
2020
Change 2007 to 2020
Fees by Zone
Fee
Zone Cost
Fee
Zone Cost
Fee
Zone Cost
Zone 1
$1,736.80
$7,864,168
$4,438.73
$5,754,711
$2,702
-$2,109,457
Zone 2
$1,357.77
$399,743
$4,863.14
$945,000
$3,505
$545,257
Zone 3
$1,061.20
$416,000
$5,345.42
$1,103,807
$4,284
$687,807
Zone 4
$819.39
$225,310
$2,057.66
$37,200
$1,238
-$188,110
Updated trip generation calculations to current ITE Trip Generation Manual rates.
Added new land use types to fee schedule.
Removed adjustment for trip length as no longer supported by current best practices.
Updated trip growth projections.
Updated project costs to current 2019 CIP dollars.
Added proposed new projects based on Concurrency Report recommendations.
Deleted proposed projects.
Found minor errors in tracking (does not impact impact fee calculations).
Left percentage of eligible trips per zone the same as original 2007 data. This will need to be
updated with next full model run.
Calculated zone pass-thru volumes based on percentage above as opposed to model output
as was used in 2007 data.
96
2018 Transportation Impact Fee Comparison: 72 Cities + 4 Counties in Western Washington
Data compiled October 2017 from public web sites, telephone calls, and email inquiries by
Chris Comeau, AICP-CTP, Transportation Planner, Bellingham Public Works ccome a u(cD_cob.orc1
or (360) 778-7946
2018 2018
2018
2018
City Population Base Rate CBD-Incentive
City
Population
Base Rate
CBD-Incentive
Anacortest 16,780 $900
Mill Creek
19,960
$3,000
Arlington 18,690 $3,355
Milton
7,900
$2,026
Auburn2 78,960 $4,295 $3,479
Monroe
18,350
$3,459
Bainbridge Island 23,950 $4,632
Mount Vernon
34,360
$7,291
Battleground 20,370 $2,919
Mount Lake Terrace
21,290
$3,432
Bellevue 140,700 $4,989
Mukilteo
21,240
$1,875
Bellingham3 86,720 $2,017 $1,573
Newcastle
11,280
$6,475
Blaine4 5,075 $755
North Bend18
6,605
$10,563
Bonney Lake 20,500 $3,995
Oak Harboris
22,840
$589
Bothell 44,370 $6,941
Olympia2o
52,160
$3,498
$1,287
Buckley 4,670 $4,153
Orting
7,835
$2,149
Burien5 50,680 $948
Poulsbo
10,510
$2,835
Burlington 8,715 $2,665
Puyallup
40,500
$4,500
Camas6 23,080 $3,051
Redmond2l
62,100
$6,650
Carnation 2,030 $603
Renton
102,700
$2,800
Covington 19,850 $4,461
Ridgefield
7,235
$2,822
Des Moines 30,860 $5,151
Sammamish22
62,240
$14,707
Duvall 7,500 $8,183
SeaTac
28,850
$3,500
Edgewood 10,420 $4,413
Sedro Wooley23
10,950
$2,407
$1,341
Edmonds 41,260 $4,561
Sequim
7,280
$2,244
$2,020
Enumclaw 11,450 $3,239
Shelton
10,120
$2,606
Everett 109,800 $2,400
Shoreline
55,060
$7,224
Federal Way7 96,350 $3,875
Snohomish
10,010
$1,436
Ferndale8 13,470 $3,000 $2,550
Stanwood
6,785
$2,195
Fifes 10,100 $6,413
Sultan
5,030
$4,350
Gig Harbor 9,500 $2,102
Sumner
9,920
$1,165
Granite Falls 3,485 $2,500
Tukwila24
19,660
$1,244
Issaquahlo 36,030 $8,348
Tumwater
23,210
$3,416
Kenmorett 22,580 $9,320
University Place
31,440
$3,199
Kent12 127,100 $4,471 $3,223
Vancouver25
162,400
$1,770
Kirkland 86,080 $3,705
Washougal
13,807
$2,192
La Center13 3,195 $4,500
Woodinville26
9,200
$2,761
Lacey 48,700 $1,924
Yelm
6,242
$1,321
Lake Stevens14 31,740 $2,476
Lynden15 13,620 $2,111
County
Population
Base Rate
Lynnwood16 36,950 $7,944 $5,107
Kitsap County
240,862
$515
Maple Valley17 24,900 $3,986
Pierce County
796,836
$1,742
Marysville 65,900 $6,300
Snohomish County
694,571
$2,453
Mercer Island 24,210 $3,956
IThurston County27
256,591
$2,334
Note s : Al I da to a bove obta i ned from publ i c web si tes, tel ephone, a nd ema i I i nqui ri es.
1. Anacortes has a very old TIF system, w hich is being updated, and new TIF rates of $3,000 anticipated in 2018..
2. Auburn adopted rates August 1, 2013.
3. In Urban Villages, Bellingham allow s automatic 22% to 25% TIF reduction and voluntary
TDM perf ormance measures
up to 50% TIF reduction.
4. The City of Blaine f uture pm peak hour vehicle trip rate is currently being evaluated.
5. Burien limited improvement project costs to keep rates low . TIF w as adopted in 2009.
6. Camas uses a 2-zone TIF system; Average = $3,051.
7. Federal Way charges 3% non -ref undable admin. f ee + base rate + 3-yr WSDOT construction cost index. SF f
ee = City 2014 rate schedule summary
8. Ferndale uses 3-zone TIF system. $3,000 cityw ide; $3,750 f or 443-acre "Main Street' Planned Action; $2,550
dow ntow n Ferndale.
9. Fif a uses a VMT-based TIF system adjusted f rom ITE ADT rates.
10. Issaquah created development incentive in w hich the f irst 10,000 SF of commercial TIF paid f rom other public
f unding sources (per
WA State law ).
11. Kenmore uses a "Person Trip" based TIF system.
12. Kent TIF rates are based on 30% of maximum rate f rom Rate Study (May 2010) and dow ntow n Kent rate memorandum.
13. La Center allow s TIF to be def erred to occupancy by requiring lien on property.
14. Lake Stevens uses a 3-zone TIF system; average - $2,476
15. Lynden TIF allow s up to 50% reduction in industrial areas w here there is a signif
icant chance that grants can
be obtained.
16. Lynnw ood has tw o TIF zones and reduces TIF by 15% (per ITE) in portion of City Center.
17. Maple Valley f ee per 2013 rate schedule (R-13-909 Jan 28, 2013)
18. North Bend is similar to Sammamish in that most development is residential w ith
little to no pass -by, diverted
link trips.
19. Oak Harbor uses a very old TIF system.
20. Olympia TIF allow s up to 20% reduction in dow ntow n for accepted TDM performance measures.
21. Redmond uses "Person Trips/Mobility Units" f or Concurrency and TIF
22. Sammamish has highest TIF ($14,707) in all of Washington due to primarily residential
development w ith little to no pass -by, diverted
link trips.
23. Sedro-Woolley uses a 15-zone TIF system; Average = $2,407; TIF reduction in dow ntow n Sedro-Woolley
24. Tukw ila = 4-zone TIF system: Average=$1,244
25. Vancouver uses 5-zone ADT-based TIF system; Average = $1,770.
26. Woodinville calculates ADT; Average = $2,761.
27. Thurston County uses a 6-zone TIF system; Average = $2,334
97
2018 Traffic Impact Fee Comparison
Base Rate
Oak Harbor
� $589
Carnation
� $603
Blaine
$755
Anacortes
$900
Burien
$948
Sumner
$1,165
EXISTING Tukwila Avg.
$1,244
Yelm
$1,321
--------------------------------------------------------
Snohomish
- - - - - - --------------------------------------
$1,436
Vancouver
1 $1,770
Mukilteo
$1,875
Lacey
$1,924
Bellingham
$2,017
Milton
$2,026
PROPOSED Zone 4
$2,058
Gig Harbor
$2,102
Lynden
$2,111
Orting
$2,149
Washougal
$2,192
Stanwood
-------------------------------------------------------------------------------------------------------------------------------------------
$2,195
Sequim
$2,244
Everett
$2,400
Sedro Wooley
$2,407
Lake Stevens
$2,476
Granite Falls
$2,500
Shelton
$2,606
Burlington
$2,665
Woodinville
$2,761
Renton
$2,800
Ridgefield
$2,822
Poulsbo
$2,835
Battleground
$2,919
Mill Creek
$3,000
Ferndale
$3,000
Camas
$3,051
University Place
$3,199
Enumclaw
$3,239
Arlington
$3,355
Tumwater
------------------------------------------------------------------------------------------------------------------------------------------
$3,416
Mount Lake Terrace
$3,432
Monroe
$3,459
Olympia
$3,498
SeaTac
$3,500
Kirkland
$3,705
Average Rate
$3,851
Mercer Island
$3,956
Maple Valley
$3,986
Bonney Lake
$3,995
Buckley
$4,153
Auburn
$4,295
Sultan
$4,350
Edgewood
$4,413
PROPOSED Zone 1
$4,439
Covington
$4,461
Kent
$4,471
Puyallup
$4,500
La Center
$4,500
---------------------------------------------------
Edmonds
---------------------------------------------------------------------------------------
$4,561
Bainbridge Island
$4,632
PROPOSED Zone 2
1 $4,863
Bellevue
1 $4,989
Des Moines
$5,151
PROPOSED Zone 3
$5,345
Marysville
Fife
Newcastle
Redmond
Bothell
----------------
Shoreline
Mount Vernon
Lynnwood
Duvall
Issaquah
Kenmore
North Bend
Sammamish
$6,300
$6,413
i $6,475
$6,650
$6,941
----------------------
$7,224
$7,291
$7,944
■ $8,183
M $8,348
$9,320
$10,563
$14,707
0 2000 4000 6000 8000 10000 12000 14000 16000
98
Attachment A
Traffic Impact Fee Schedule 2007
Land Uses
Unit of
Measure
Zone 1
Zone 2
Zone 3
Zone 4
Cost per Trip All Other Uses 1 $1,736.801 $1,357.771 $1,061.201 $819.38
Residential
Single Family
dwelling
$1,659.35
$1,297.22
$1,013.88
$782.84
Multi Family
dwelling
$712.09
$556.69
$435.09
$335.95
Retirement Community
dwelling
$722.89
$565.13
$441.69
$341.04
Nursing Home/Convalescent Center
bed
$289.15
$226.05
$176.68
$136.42
Assisted Living
I dwelling
$289.15
$226.05
$176.68
$136.42
Commercial - Services
Drive-in Bank
sq ft/GFA
$23.14
$18.09
$14.14
$10.92
Walk-in Bank
sq ft/GFA
$18.67
$14.60
$11.41
$8.81
Day Care Center
sq ft/GFA
$9.28
$7.25
$5.67
$4.38
Library
sq ft/GFA
$4.24
$3.32
$2.59
$2.00
Post Office
sq ft/GFA
$6.46
$5.05
$3.95
$3.05
Hotel/Motel
room
$1,107.80
$866.04
$676.87
$522.63
Service Station
VFP
$3,203.13
$2,504.10
$1,957.14
$1,511.17
Service Station/Minimart
VFP
$3,203.13
$2,504.10
$1,957.14
$1,511.17
Service Station/Minimart/Car Wash
VFP
$3,203.13
$2,504.10
$1,957.14
$1,511.17
Carwash (Self -Serve)
Stall
$2,826.58
$2,209.72
$1,727.06
$1,333.51
Movie Theater
screen
$64.24
$50.22
$39.25
$30.31
Health Club
sq ft/GFA
$4.42
$3.46
$2.70
$2.09
Racquet Club
sq ft/GFA
$1.99
$1.56
$1.22
$0.94
Marina
Berth
1 $247.38
$193.391
$151.151
$116.71
Commercial - Institutional
Elementary School/Jr. High School
student
$195.27
$152.66
$119.31
$92.13
High School
student
$131.43
$102.75
$80.31
$62.01
University/College
student
$267.56
$209.17
$163.48
$126.23
Church
sq ft/GFA
$1.15
$0.90
$0.70
$0.54
Hospital
sq ft/GFA
$2.22
$1.73
$1.35
$1.05
Commercial - Restaurant
Restaurant
sq ft/GFA
$9.56
$7.48
$5.84
$4.51
Fast Food Restaurant w/o drive thru
sq ft/GFA
$12.27
$9.60
$7.501
$5.79
Fast Food Restaurant w drive/thru
sq ft/GFA
$16.26
$12.71
$9.941
$7.67
Industrial
Light Industry/High Technology
sq ft/GFA
$2.06
$1.61
$1.26
$0.97
Industrial Park
sq ft/GFA
$2.06
$1.61
$1.26
$0.97
Warehousing/Storage
sq ft/GFA
$1.151
$0.901
$0.701
$0.54
Mini Warehouse
sq ft/GFA
$0.501
$0.391
$0.311
$0.24
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
2
99
Attachment A
Traffic Impact Fee Schedule 2007
Land Uses
Unit of
Measure
Zone 1
Zone 2
Zone 3
Zone 4
Cost per Trip All Other Uses 1 $1,736.801 $1,357.771 $1,061.201 $819.38
Commercial - Retail
Shopping Center
up to 9,999 sq ft
sq ft/GLA
$4.18
$3.27
$2.55
$1.97
10,000 sq ft-49,999 sq ft
sq ft/GLA
$3.51
$2.75
$2.15
$1.66
50,000 sq ft-99,999 sq ft
sq ft/GLA
$3.03
$2.37
$1.85
$1.43
100,000 sq ft-199,999 sq ft
sq ft/GLA
$2.61
$2.04
$1.59
$1.23
200,000 sq ft-299,999 sq ft
sq ft/GLA
$2.38
$1.86
$1.45
$1.12
300,000 sq ft-399,999 sq ft
sq ft/GLA
$2.82
$2.21
$1.72
$1.33
over 400,000 sq ft
sq ft/GLA
$3.17
$2.48
$1.94
$1.49
Miscellaneous Retail Sales
sq ft/GFA
$3.17
$2.48
$1.94
$1.49
Supermarket
sq ft/GFA
$7.73
$6.04
4.721
3.64
Convenience Market
sq ft/GFA
$14.39
$11.25
$8.79
$6.79
Nursery/Garden Center
sq ft/GFA
$2.62
$2.05
$1.60
$1.24
Furniture Store
sq ft/GFA
$0.22
$0.17
$0.13
$0.10
Car Sales - New/Used
sq ft/GFA
$4.56
$3.57
$2.79
$2.15
Auto Care Center
sq ft/GLA
$2.62
$2.05
$1.60
$1.24
Quick Lubrication Vehicle Shop
Service Bay
$2,899.10
$2,266.42
$1,771.37
$1,367.73
Auto Parts Sales
sq ft/GFA
$3.34
$2.61
$2.04
$1.58
Pharmacy (with Drive Through)
sq ft/GFA
$3.44
$2.69
$2.10
$1.62
Pharmacy (no Drive Through)
sq ft/GFA
$3.36
$2.63
$2.05
$1.58
Free Standing Discount Store
sq ft/GFA
$3.13
$2.44
1.911
1.47
Hardware/Paint Store
sq ft/GFA
$2.66
$2.08
$1.62
$1.25
Discount Club
sq ft/GFA
$3.13
$2.44
$1.91
$1.47
Video Rental
sq ft/GFA
$4.88
$3.82
$2.98
$2.30
Home Improvement Superstore
sq ft/GFA
$1.33
$1.04
$0.81
$0.63
Tire Store
Service Bay
$1,938.32
$1,515.31
$1,184.33
$914.45
Electronics Superstore
sq ft/GFA
$3.11
f $2.43
$1.901
$1.46
Commercial - Office
Administrative Office
up to 9,999 sq ft
sq ft/GFA
$8.10
$6.33
$4.95
$3.82
10,000 sq ft-49,999 sq ft
sq ft/GFA
$8.10
$6.33
$4.95
$3.82
50,000 sq ft-99,999 sq ft
sq ft/GFA
$4.70
$3.67
$2.87
$2.22
100,000 sq ft-199,999 sq ft
sq ft/GFA
$3.56
$2.78
$2.17
$1.68
200,000 sq ft-299,999 sq ft
sq ft/GFA
$3.10
$2.43
$1.90
$1.46
over 300,000 sq ft
sq ft/GFA
$2.91
$2.27
$1.78
$1.37
Medical Office/Clinic
sq ft/GFA
$6.29
$4.91
$3.84
$2.97
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
3
I