HomeMy WebLinkAboutCOW 2020-06-08 Item 3B - Contract - Assessment and Planning Services for 2020 Facility Study with McKinstry for $188,200COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared b
Major's review
Council review
06/08/20
RB
06/15/20
RB
ITEM INFORMATION
ITEM NO.
STAFF SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 06/8/20
AGENDA ITEM TITLE Facilities Study Contract
CATEGORY ® Discussion
Mtg Date 618120
® Motion
Mtg Date 6115120
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIF ❑Court
SPONSOR'S Execute contract to provide Assessment and Planning Services for the City of Tukwila 2020
SUMMARY Facility Study (City Hall Campus, Tukwila Community Center, Fire Station 53 and Fire
Station 54).
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 5/28/20 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Administrative Services
COMMITTEE Forward to C.O.W. for discussion
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
06/8/20
6/15/20
MTG. DATE
ATTACHMENTS
6/8/20
Informational Memorandum dated 5/19/20
McKinstry Proposal
Proposed Contract
Capital Projects List
Minutes from the Finance Committee meeting of 5/28/20
6/15/20
10
City of Tukwila a Allan Ekberg, Mayor
Administrative Services Department- Rachel Bianchi, Deputy CityAdministrator
INFORMATIONAL MEMORANDUM
TO: Finance Committee
FROM: Rachel Bianchi, Deputy City Administrator
CC: Mayor Allan Ekberg
DATE: May 19, 2020
SUBJECT: City of Tukwila 2020 Facility Study (City Hall Campus, Tukwila Community Center,
Fire Station 53 and Fire Station 54 — Assessment and Planning Services)
McKinstry
ISSUE
Execute contract to provide Assessment and Planning Services for the City of Tukwila 2020 Facility Study
(City Hall Campus, Tukwila Community Center, Fire Station 53 and Fire Station 54).
BACKGROUND
With the imminent opening of the Tukwila Justice Center, many staff members currently inhabiting City
Hall and the 6300 building will move out of these facilities, leaving significant unused space. The 2015
Facilities Study adopted by the Council contemplated a future with a renovated City Hall, housing all
City Hall Campus staff, and the ultimate demolition of the 6300 building. Since the Justice Center will
open in September of this year, it is time to start the next phase of City Hall Campus planning. In
addition, the City lacks up to date seismic information on its facilities, making it difficult to determine
the best next steps for facilities planning.
Liu 6'Y9111111*11[@1►I
The City engaged in a public procurement process that included advertising a request for proposals
from interested firms in the Daily Journal of Commerce, reviewing and scoring proposals received and
selecting a firm. McKinstry is being recommended as the selected firm. The City has confirmed that
McKinstry is well qualified to conduct the work requested. McKinstry initially set forth a four -phase
program that would provide seismic and facility condition assessment, space planning at City Hall,
develop a concept and provide a final report to the City Council. Due to the revenue shortfall
associated with the coronavirus pandemic, staff is proposing doing phases one and two now and
deferring the final concept to a later date.
Phases one and two will allow the City to better understand the seismic condition of City Hall, 6300
Building, Tukwila Community Center, Fire Station 53 and Fire Station 54. Moving forward with these
phases will allow the City fully understand the condition of City Hall, the space needs for the
organization with the departure of the Court and Police Department to the Justice Center, and develop
a preferred option (with initial cost estimates) to address facilities needs at the City Hall Campus. This
information will assist the City in determining next steps for the City Hall Campus, which is expected to
be discussed as a part of the development of the 2021/2022 budget.
FISCAL IMPACT
The following table shows the cost estimates for phase 1 and phase 2 with the combined not to
exceed total of $188,200. There is currently $190 thousand in the Facilities 303 fund to cover this
expenditure.
Phase 1 - (Seismic and Facility Condition Assessment)
143,400.00
Phase 2 - (Space Planning to City Hall)
44,800.00
Total
$188,200.00
11
RECOMMENDATION
Council is being asked to approve the Assessment and Planning services contract for scope of work,
associated fees, and schedule described above and in Exhibit A. In addition, staff is requesting authority
for the mayor to sign a no -cost contract amendment with both SOJ and the Council's Program
Management Quality Assurance consultant to provide oversight and quality assurance monitoring of
McKinstry during the two phases of this project. Both SOJ and the PMQA have indicated there is room in
the existing contracts to perform such services.
ATTACHMENTS
Proposal for McKinstry's Assessment and Planning services with Scope of Work and Fee
Proposed contract
Comprehensive capital improvement program spreadsheet developed for May 18, 2020 meeting
Phone: 206-433-I800 • Email: Mayor@TukwilaWA.gov + Website: TukwilaWA.gov
12
For
Phase 1 & 2 Planning
Proposal
City of Tukwila
City Hall Needs Assessment and Planning Services
APRIIL 28, 2020
•
•
•
ME
14
instry
ife Of Your Building
J
4/28/20
Rachel Bianchi
5005 3rd AVE. S. • SEATTLE, WA 98134 • 206.762.3311 •mckinstry.com
Deputy City Administrator
City of Tukwila
6300 Southcenter Boulevard, Suite 115
Tukwila, WA 98188
Justine Kim
Partner
Shiels I Obletz I Johnsen
101 Yesler Way, Suite 606
Seattle, WA 98104
Re: City Hall Needs Assessment and Planning Services — Phase 1 & 2
Dear Rachel,
I'm pleased to provide McKinstry's proposal for the City Hall campus needs assessment master plan project. The
enclosed pricing is based on the program scope and goals communicated by your team and McKinstry's
understanding of the City of Tukwila's need for support in assessing the current condition and helping city
stakeholders plan the next evolution of the City Hall campus.
McKinstry and our subcontract partners Signal, tklsc, and RC Cost Group are excited to begin the discovery
process for at City Hall and to provide your team with valuable capital planning and risk management
information. Please contact me if you have any additional questions about this pricing proposal. I look forward
to hearing from you.
Sincerely,
Grant Granger Account Executive, Technical Services
206-552-3020 grants@mckinstry.com
15
City of Tukwila: City Hall Campus Needs Assessment
and Planning Services — Phase 1 &2
Proposal Overview
PHASE
OUTCOME
COST
DESIGN TEAM TASKS
ANTICIPATED
ENGAGEMENT
ANTICIPATED
DURATION
1 DEFINE THE PROJECT
Risk identification and high level
programming information
$143,400
Seismic Assessment of
City Hall 3 6360
Identification of critics! seismic Issues and
retrofit costs to remediate.
Facility Condition Assessment
of City Hall
Full visibility into the deferred maintenance,
life espactanq, and short-term/long-term
capital replacement roses for all building
assets. Includes NPV comparison.
Vat/Rosaarch Previous Study
An In depth assessment of the previous
information collected and a collection of
new data to provide appropriate context
for the grew project.
Create Program/Inventory
A detailed assessment of the remaining
departments and the necessary space and
activities that should be accommodated in
the program.
Determine Planning Priorities
Create a strategic set of priorities with the
advisory coirmittee input.
Test Fit$
Build a pros and con's list from the in'iteI
FCA flndirgs, establish adjacencies of
departments.
Seismic Assessment
Tukwila Community Center, Fire Station 53
and Fire Station 54, Identify seismic issues
and retrofit costs to remediate.
Additional Option Service
Abbreviated 63CO FCA Summary/overview
and streamlined data applied to capital
planning tools
• weekly Check -ins with SAJ
• Two meetings/interviews of key
stakeholders
One meeting to review and report on
findings up to this point
June 1 - July 15
2 EVALUATE THE PROJECT
Focused Information
$44,800
Interview Departments and
Users
Through a series of Interviews the team
will document and assess the needs from
staff.
Develop Space Planning
Options
Develop a series of space plans
that illustrate the possibilities for
accommodating the program within the
space.
Vat Preferred Option and
Build Team Recommendations
With guidance from the Cry Advisory
Committee, the team will vet and
hone the preferred option. Identify
recommended programming locations
fa specific structures based on analysts
of FCA and the technical performance
crlteria.
Technical. Review of Building
Parfa anon ca ifor preferred option)
Understanding of critical systems -haled
implications for expansion or retrofit
decisions,
Progress Report(s) to Council
Up to two presentations to council
on findings to date and preliminary
recommendation Recommendation
will include preliminary, rough -order -of -
magnitude cost ranges of the preferred
space plan recommendation.
• Weekly Check -Ins with SOJ
• One workshop with key department
stakeholders
• One meeting to review and report on
findings up to this point
• Council presentations)
July 15 - August 15
a. '(INCEPT
Enargr Efficiency
Improvements/Critical Systems
Planning
4Aalrrancn oe rcr r,—ble
syste�:c and rr,ncept 1e 1
identity and ILiustrate
A, , h 1 rn... t„r:,;. -n:pr r.'..,:....rrt
WQ kiy Cheek -ins with SQJ
One v.orkshap of kcy deparrmeEd
r.l.ak-�hrld--r.
August 15 - September 15
instry CONFIDENTIAL&PROPRIETARY
CITY OF TUKWILA CITY HALL CAMPUS J}Il! lj tk1sc
ife Of Your Building NEEDS ASSESSMENT & PLANNING SERVICES 1 1
4 REPORT TO COUNCIL
Precise Inforrnatior
City Leadership Presentation
Fi ovi;lF �n�pr,:l rr. pie -
p,eEeraa�nn
(.pprdl n a[? pr 9,pnt.a i i,]n ,Vi?1', C]L 43
p1--q Thmkiny ��r. T,,pn_ bo!t—Ina•
p]a mng
Septernber15- Octuber15
City of Tukwila: City Hall Campus Needs Assessment
and Planning Services — Phase 1 &2
Phase 1 Deliverables
McKinstry team will provide City of Tukwila with a consolidated Phase 1 report that includes:
Seismic Assessment
• Written assessment of key seismic findings based on review of the reasonably accessible portions of the
existing facilities and review of prior documentation.
• Coordination with RC Group independent cost estimators for pricing of any recommended/necessary
seismic retrofits at all five facilities, if required
Facility Condition Assessment
• Facility condition assessment including a summary description of each site and facility with necessary and
recommended improvements, Analysis of critical (immediate) repairs, and repairs anticipated over the term
of the analysis, schedule for recommended replacement or repairs (schedule of priorities), and 5-year
annual cost breakdown with recommendations for project prioritizations. Also includes full facility asset
inventory in Excel database format and FCAViz capital planning and scenario visualization tool.
Programming and Architectural Analysis
Analysis of prior recommendations/documentation, anticipated departmental space needs, and City
established planning priorities. Preliminary recommendations which may include written descriptions,
photographs, diagrams, and drawings. Preliminary recommendation will also include initial rough -order -of -
magnitude cost ranges of the preferred programming direction.
Phase 2 Deliverables
• Progress report out to Key Stakeholders and/or Council on key findings, preferred option, and preliminary
recommendations including high-level cost guidance.
Timeline & Staffing
The McKinstry project team will be led by Keith Bass, Project Director for McKinstry's Technical Services
consulting team. Keith will be the City's day-to-day point of contact and will be responsible for coordinating key
meetings and milestone check -ins, and ensuring that every deliverable meets the City's expectations for the
project. Keith will work closely with Kristin Kelsey and Mark Johnson from Signal Architecture + Research. Jason
Tornquist of tklsc will lead the delivery of the seismic assessments; and Andy Cluness from RC Cost Group will
provide independent cost estimation for the preferred option developed by the combined team. Keith will also
be supported by additional McKinstry subject matter experts including Mark Hood, Senior Facility Assessment
Consultant; Mark Nieman, Building Energy Program Manager; and Scott Henderson, Commissioning Lead.
We have assumed a June 1 start date for Phase 1 of the project following notice to proceed from the City. The
McKinstry team will establish appropriate project progress meetings in collaboration with the City of Tukwila
team. Our preliminary recommendation of key stakeholder meetings and phasing in order to meet the City's
objectives can be found on the proposed schedule on the following page.
try
CONFIDENTIAL &PROPRIETARY \
CITY OF TUKWILA CITY HALL CAMPUS 1} tk1sc
ifeOfYour Building NEEDS ASSESSMENT& PLANNING SERVICES 11
17
co
City of Tukwila: City Hall Campus Needs Assessment
and Planning Services
Proposed Schedule
C
z
m
M/'ojr
V
Test Fits
Planning Priorities
e i 1
Create Program 1
1 1 '
,Yet Report/Research Technical. Review 1
• 1
FCA 6300 cif needed) ,Preferred Option :,Cost Estimate
I �
,FCA City Halt ' 'Space Planning �Architecturat Improvements
Seismic Assessment Interviews ,Critical. Sysms
1
1
1
1
1
,Create Proseptation
1p c -P 0 -P
of 9 Q,o d oz, S 4w Sa ac °a Ci
3 S�$ �%� S'e� �iy� 7 G�i ¢S,j `�� °'� �reT qj �°ra �s,� Orm 7 rb �4 j `eo
LY �i°fi� y `� 16U 6 ptpl-i� ap jam' �ip?z ep 0 ��^6.0 �� �PFi0
k Ilk
12,
d��
f,�% �061
�9 �.9
instry CONFIDENTIAL&PROPRIETARY
CITY OF TUKWILA CITY HALL CAMPUS
i/e0/Your Building NEEDS ASSESSMENT& PLANNING SERVICES 1 1
tk1sc
z
0
m
7
City of Tukwila: City Hall Campus Needs Assessment
and Planning Services
Pricing
BASE SCOPE: BY -PHASE LUMP SUM PRICE
The Phase 1 & 2 fees listed below detail the McKinstry project team's costs to complete each phase of the core
Needs Assessment and Planning services program.
Phase 1: Define the Project
$143,400
Phase 2: Evaluate the Project
$44,800
Total Phase 1 and 2 Scope
$188,200
OPTIONAL ADDITIONAL SCOPE: ITEMIZED LUMP SUM PRICE
The City of Tukwila may authorize the below scope addition via formal change order during Phase 1 if desired.
Abbreviated Facility Condition Assessment of 6300 Building (Phase 1) 1 $9,600
ASSUMPTIONS
• Work will be executed during normal business hours (6AM — 4PM, M-F)
• The City shall make key department Stakeholders and maintenance/operations personnel available for
interviews as reasonably requested by the project team. McKinstry team will make every effort to minimize
disruption to the daily work activities of participating City personnel
• Proposal assumes that key project meetings and stakeholder interviews can be held virtually or via phone
while social distancing guidelines or stay-at-home orders remain in effect.
• Proposed schedule is contingent upon available site access to perform necessary assessments of facility
assets, systems performance, and space considerations.
• City shall recognize the site seismic and condition assessments as essential services supporting the
continuity of core City operations in compliance with the Governor's Stay Home --Stay Healthy Order.
• McKinstry site assessment team including subcontractors shall comply with McKinstry's Social Distancing
Protocol and COVID-19 Safety & Security Response Plan, or applicable City standards where more stringent.
• For effective execution of this letter of intent we ask that City of Tukwila provide access to the following for
each facility, if it has not already been granted:
• Good Faith Survey for existing facilities
• Historical utility bills for the last 24 months.
• All mechanical, electrical, architectural, and structural drawings.
• All operational and maintenance manuals, balancing records, & specifications.
• Access to individuals that have relevant information pertaining to the day-to-day operation of
energy using systems on site.
Existing sustainability and energy efficiency goals for City operations
try
CONFIDENTIAL &PROPRIETARY \
CITY OF TUKWILA CITY HALL CAMPUS 1} tk1sc
ifeOfYour Building NEEDS ASSESSMENT& PLANNING SERVICES 11
19
City of Tukwila: City Hall Campus Needs Assessment
and Planning Services
• Access, reports or information to City CMMS workorder system
• Information on recent major project history (last 10 years) for each facility
ACCEPTED BY:
City of Tukwila
Rep Name & Title
Signature
McKinstry Essention, LLC.
Geremy Wolff
Regional Director, Technical Services
Signature
Date Date
CONFIDENTIAL &PROPRIETARY \
try
CITY OF TUKWILA CITY HALL CAMPUS
ifeOfYour Building
1}
NEEDS ASSESSMENT& PLANNING SERVICES 12
tk1sc
20
City of Tukwila: City Hall Campus Needs Assessment
and Planning Services
Terms and Conditions
PERFORMANCE OF WORK
McKinstry shall perform the scope of work ("Work") specified herein. McKinstry shall furnish all services
necessary to perform the Work and perform the Work to completion diligently, expeditiously and with adequate
forces. Customer shall use its best efforts to provide all information, materials, documents, and assistance that is
reasonably required for McKinstry to perform any and all aspects of the Work.
PAYMENTS
Customer shall pay McKinstry the compensation specified herein ("Price") for the value of Work that McKinstry
has completed, as the Work is completed. Customer shall pay McKinstry within fifteen (15) days of receiving an
invoice. McKinstry will be entitled to interest at the rate of 1.5 percent per month on all sums overdue and
unpaid from the date due.
WARRANTIES
Customer shall receive a one (1) year warranty that covers labor and materials provided by McKinstry as part of
the Work. This warranty commences on the date that the portion of the Work warranted is substantially
complete. However, McKinstry makes no warranty whatsoever regarding components of the Work provided by
third parties, and in such case the terms of the third party's warranty, including manufacturers' warranties, if
any, shall apply between Customer and the third party. The warranties in this section are exclusive and in lieu of
all other warranties, whether express or implied.
TERMINATION
Either Party may terminate this agreement upon fifteen (15) days written notice to the other Party. In such case,
the rights and obligations of each Party that arose prior to the termination date shall survive such termination.
DISPUTES
In case of dispute between the Parties, the Parties will attempt to negotiate a resolution. If a dispute remains
unresolved more than thirty (30) calendar days after the commencement of negotiation, and the Parties have
not agreed to extend such date, then the Parties shall pursue mediation. If any dispute remains unresolved more
than sixty (60) calendar days after the commencement of mediation, then either Party may pursue arbitration.
No litigation will be commenced by either Party unless all of the foregoing steps have been pursued to
completion.
CHOICE OF LAW, VENUE
The validity, interpretation, and performance of this agreement shall be governed by the laws of the state in
which the Work is performed. The venue for resolving any dispute shall be the county in which the Work is
performed.
FORCE MAJEURE
Neither McKinstry nor Customer shall be considered in breach of this agreement to the extent that the Party's
performance is prevented by an event or events that are beyond the control of such party, including but not
limited to acts of God, fire, earthquake, flood, storm, war, rebellion, revolution, insurrection, riot, strike, nuclear
contamination, and/or acts or threats of terrorism.
try
CONFIDENTIAL &PROPRIETARY \
CITY OF TUKWILA CITY HALL CAMPUS 1} tk1sc
ifeOfYour Building NEEDS ASSESSMENT& PLANNING SERVICES 13
21
City of Tukwila: City Hall Campus Needs Assessment
and Planning Services
Notwithstanding any other provision(s) of this or any related agreement(s), if McKinstry's work is delayed,
disrupted, suspended, or otherwise impacted as a direct or indirect result of COVID-19 (coronavirus), including,
but not limited to, by (1) disruptions to material and/or equipment supply; (2) illness of McKinstry's workforce
and/or unavailability of labor; (3) government quarantines, closures, or other mandates, restrictions, and/or
directives; (4) owner or contractor restrictions and/or directives; and/or (5) fulfillment of McKinstry's
contractual or legal health and safety obligations associated with COVID-19; then, McKinstry shall be entitled to
a reasonable equitable adjustment to its scope, schedule, duration, and price to account for such delays,
disruptions, suspensions, and impacts.
NO WAIVER
No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or
remedy, whether or not similar, nor shall any waiver constitute a continuing waiver.
INTELLECTUAL PROPERTY
Intellectual property provided by McKinstry to Customer as part of the Work are instruments of service owned
by McKinstry and are not "work made for hire" as such term is defined under U.S. copyright law. When the Work
is performed to completion, McKinstry grants to Customer a limited license to use the Intellectual Property to
operate, maintain, renovate, and manage the subject matter of the Work.
DAMAGES LIMITATION
Neither party shall be liable to the other party for any consequential, indirect, special, incidental, exemplary, or
similar, damages or losses, including loss of profits, arising out of or relating to this agreement, whether based in
contract or tort or any other theory, even if a party has been advised of the possibility of such damages.
Furthermore, the total aggregate liability of either party, under any theory, is limited to the agreement price.
INDEMNIFICATION
McKinstry shall indemnify and hold harmless Customer from and against all third party claims, damages, losses
and expenses for bodily injury, sickness, disease, or death or destruction of tangible property, directly arising
from McKinstry's performance of the Work, but only to the extent caused by the negligent acts or omissions of
McKinstry.
SEVERABILITY, SURVIVAL
If any portion of this agreement shall be held invalid in whole or in part under any law, rule, regulation, or order,
then such portion shall remain in effect only to the extent permitted, and the remaining portions of the
agreement shall remain in full force and effect. Any invalid portions shall be substituted with an interpretation
that most accurately reflects the Parties' intentions.
AMENDMENT
This agreement may not be amended except pursuant to a written amendment signed by an authorized signer
of each Party.
COMPLETE AGREEMENT
This agreement, including the exhibits attached hereto, is a fully integrated agreement. Any legal terms and
conditions appearing elsewhere in this agreement shall be ignored to the extent they contradict or are
try
CONFIDENTIAL &PROPRIETARY \
CITY OF TUKWILA CITY HALL CAMPUS
tk1sc
ifeOfYour Building
1}
NEEDS ASSESSMENT& PLANNING SERVICES 14
22
City of Tukwila: City Hall Campus Needs Assessment
and Planning Services
inconsistent with the terms and conditions contained in the foregoing numbered list. All previous agreements
between McKinstry and Customer as to the Work are superseded by this agreement.
instry
1/e Of Your Building
CONFIDENTIAL & PROPRIETARY
CITY OF TUKWILA CITY HALL CAMPUS
NEEDS ASSESSMENT & PLANNING SERVICES 15
)) � I � tk1sc
23
24
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CONSULTANT AGREEMENT FOR
FACILITIES ASSESSMENT AND PLANNING SERVICES
FOR TUKWILA CITY HALL CAMPUS
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and McKinstry, hereinafter referred to as "the Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform assessment and
planning services in connection with the project titled City of Tukwila 2020 Facility Study (City
Hall Campus, Tukwila Community Center, Fire Station 53 and Fire Station 54).
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending at the end December 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 December 31, 2020, unless an extension of such time is
granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"A" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $188,200 without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
25
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's
liability hereunder shall be only to the extent of the Consultant's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised : 1-2020
26
Page 2
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work. Certificates of coverage and
endorsements as required by this section shall be delivered to the City within fifteen (15)
days of execution of this Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its discretion
to deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
CA revised : 1-2020
Page 3
27
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to
do so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the completion, expiration or cancellation of this Agreement, shall survive termination
of this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
McKinstry
5005 3rd Ave. S.
Seattle, WA 98134
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised : 1-2020
Page 4
DATED this day of 2020.
CITY OF TUKWILA CONSULTANT
Allan Ekberg, Mayor
Attest/Authenticated:
City Clerk, Christy O'Flaherty
Printed Name:
Title:
Approved as to Form:
Office of the City Attorney
CA revised : 1-2020
Page 5
29
30
Project
Fund No.
Project
Status
2020 CIP Projects
103, 104, & 303 Funds
A B
City Funding
Funding 2020 Budget
C
D E
F
G H I
Grant/
2020
Phase 1 & II
103 Fund
Dedicated Rev
Expenditures Committed
Reductions
Balance Policy Decision Council
Funding
to Date for 2020
5/11/2020
Reduction Go / No Go? Decision
103 Fund - Residential Streets
1
103
99410303
42nd Ave S Phase III
Physically completed, final payments
City
$ 378,000
$ 24,102
$ 353,898
2
103
99110301
53rd Ave S
Utility undergrounding, Comcast next
Grant Funded
399,000
120,140
278,860
3
103
Various
(3) Safe Routes to School Projects
Not started, seeking grants, no $ to date
Grant Funded
$ 5,301,000
4
103
81910301
Traffic Calming
On hold due to negative fund balance
City
400,000
9,564
53,504
$ 350,000
5
103
Interfund Loan Repayment
Covers SCL expenditures for 42 & 53
City
336,932
Total 103 Fund $ 1,177,000
104 Fund - Arterial Streets
$ 153,806
$ 1,023,194
$ 350,000
6 104 104 Wages & Benefits Ongoing staff expenses City $ 485,383
$ 93,471 $ 391,912
7
104
98610403
Strander Blvd Extension
Closed, final 2020 grant reimbursement
City
147,362
$ 475,000
622,362
8
104
99310410
West Valley Hwy
Design funds only, underway
Grant Funded
600,000
60,237
539,763
9
104
91310407
BAR Bridge over Airport Way
Construction awarded 5/4/20
Grant Funded
-
2,614,000
17,861
2,596,139
10
104
91810404
42nd Ave S Bridge Replacement
In-depth bridge inspection
City
39,884
39,884
11
104
91810404
42nd Ave S Bridge Replacement
30% Design proposals due 5/19/20
City/WM tax
320,000
680,000
$ 1,000,000
12
104
9030404
S 144th St Bridge - Sidewalks
Not started, seeking grants, no $ to date
Grant Funded
-
227,000
13
104
92010401
Overlay & Repair 2020
Design underway, ready to bid, on hold
City
1,400,000
128,453
71,547
$ 1,200,000
14
104
82010403
Traffic Counts 2020
Ongoing, contract began 1/1/20
City
18,750
3,300
15,450
15
104
92010402
Bridge Inspections 2020
4 legally required bridge inspections
City
196,000
93,000
2,252
49,444
20,000
16
104
91710406
S 196th St/200th St Br Repair
Completed, retainage to be paid
City
1,304
16,000
17
104
91610407
S 119th St Pedestrian Bridge
Painting of pedestrian bridge on hold
City
200,000
18
104
91510405
ADA Improvements
ADA ramps at 53, 58, on hold w/ Overlay
City
50,000
50,000
19
104
82010404
Annual Traffic Signal
Ongoing, reduced by 50%, deferred maint.
City
125,000
2,549
59,951
62,500
20
104
11301302
Wetland & Envir Mitigation
Ongoing, required by permit
City
40,000
16,219
23,781
21
104
82010405
Transp Element of the Comp Plan
Not started, required by GMA, due by 2021
City
400,000
400,000
22
104
82010406
Walk & Roll
Update not started, on hold
City
75,000
75,000
23
104
81710404
TIB Channelization Study
Study completed, $25k balance remaining
City
25,000
25,000
24
104
Park Impact Fees Transfer to 301
Housekeeping transfer from 104 to 301
City
1,009,000
$ 325,646
1,009,000
$ 5,835,232
$ 1,200,000
$ 1,432,500
Total 104 Fund $ 4,331,379 $ 4,462,000
303 Fund - Facilities
25 Beginning Fund Balance Drawdown of fund balance $ 656,000
27
303
91930304
6300 Dry Fire Sprinkler System
Completed
City
30,000
$ 30,000
28
303
91630305
TCC Siding Repairs
Not started, 2 quotes received in 2019
City
200,000
$ 120,000
303
91630305
TCC Siding Repairs - Savings
Savings from bids
City
80,000
303
91630304
City Hall Siding Repairs
No started
City
100,000
$ 100,000
29
303
82030301
2020 Facilities Study/Seismic
RFPs in, not started
City
300,000
110,000
190,000
Total 303 Fund
$ 630,000
$ 30,000
$ -
$ 210,000
$ 390,000
Total 1 $ 1,822,500
Lines 3 & 12, not added in totals as completely grant funded and no grants to date.
Dedicated revenues include REET, Parking tax, & MVFT
Grant funded
Line 11, Solid Waste Utility tax revenue may be reduced due to COVID-19
W
hops://tukwilawa.sharepoint.com/sites/publicworks/engineering/Shared Documents/Actlw 2020 Project-lu
32
J,��I1lA W4
o� sy
z
J
Q ~
zsoaCity Councii Finance
Meeting Minutes
May28, 2020 - 5:00 p.m. - Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Verna Seal, Chair; Kathy Hougardy, Kate Kruller
Staff Present: Vicky Carlsen, Jay Wittwer, Rachel Bianchi, Tony Cullerton, David Cline,
Laurel Humphrey
Chair Seal called the meeting to order at 5:00 p.m.
I. BUSINESS AGENDA
A. Ordinance: Reissuing Limited Tax General Obligation Bonds
Staff is seeking Council approval of an ordinance delegating authority to the Finance
Director to issue limited tax obligation bonds to refund the outstanding 2010B LTGO
bonds via a direct placement process. Refunding these bonds could result in net savings in
interest up to $70K.
Committee Recommendation
Unanimous approval. Forward to June 1, 2020 Regular Meeting.
B. Contract: City of Tukwila 2020 Facility Study
Staff is seeking Council approval of a contract with McKinstry in an amount not to exceed
$188,200 for Assessment and Planning Services for the 2020 Facility Study. Due to budget
constraints, staff is recommending moving forward with only phases one and two and
deferring the final concept to a later date.
Question(s) requiring follow up
Provide previous seismic study.
Committee Recommendation
No recommendation. Forward to June 8, 2020 Committee of the Whole.
C. 2020 1st Quarter Fire Department Budget Report
The Fire Department is projected to be at or below budget for the lst Quarter of 2020. Staff
provided an overview of changes made to achieve this. Committee members discussed
the status of the 2020 Budget Proviso and the withdrawal of the third party consultant that
was hired in response to one of the conditions.
Question(s) requiring follow up
Provide the Kragness report again.
Committee Recommendation
Pursue hiring of another third -party consultant required by the proviso. Forward to June 8,
2020 Committee of the Whole.
33