Loading...
HomeMy WebLinkAboutTrans 2012-07-16 COMPLETE AGENDA PACKETCity of Tukwila Distribution: A. Ekberg G. Labanara Transportation Committee K. Hougardy D. Quinn C. Knighton S. Kerslake D. Robertson Clerk File Copy Allan Ekberg Chair V. Seal Mayor Haggerton 2 Extra •i• Kathy Hougardy De'Sean Quinn D. Cline K. Matej B. Giberson e -mail kt df to A. Le e -mail cover to: C. O'Flaherty, D. Almberg, F. Iriarte B. Saxton, S. Norris, R. Tischmak M. Hart, S. Kirby, D. Robertson AGENDA MONDA Jug Y 16, 2012 Time: 5:15 PM Place: Conference Room #1 Item Recommended Action Page 1. PRESENTATION(S) Southcenter Parkway Extension Project Update 2. BUSINESS AGENDA a) Southcenter Parkway Extension Project a) Forward to 7/23/12 C.O.W. Pg. 1 1) Construction Management with Anchor QEA and 8/6/12 Regular 2) Construction Management with David Evans 3. SCATBd a) Minutes from June 19, 2012 b) 2009 2012 SCATBd Agreement c) July 17, 2012 Agenda a) Information only Pg. 31 4. MISCELLANEOUS 5. ANNOUNCEMENTS Future Agendas: Transportation Benefit District 42 Ave S Phase III Utility Undergrounding SR 518 off ramp Stop Sign Next Scheduled Meeting Monday, August 6, 2012 40 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Deparbnent at 206- 433 -0179 for assistance. x City of Tukw Jim Haggerton, Mayor TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Peter Lau, Senior Engineer DATE: July 13, 2012 SUBJECT: Southcenter Parkwav Extension Proiect Project No. 98410437 Construction Management Services ISSUE Approve construction management (CM) consultant agreements with Anchor QEA, LLC. and David Evans Associates. Due to the CM service dispute with the original consultant, KBA, Inc., the City needs to hire additional CM consultants to assist our in -house CM staff and finish the Southcenter Parkway Extension Project. Anchor QEA, LLC was a qualified CM sub consultant to KBA for Southcenter Parkway and provided inspection services. As a result, Anchor QEA has been requested to assist our City CM staff to finalize the construction and assist with project closeout. David Evans was the design consultant for the Southcenter Parkway Extension Project and is needed for final surveying and as -built plans. DISCUSSION The attached scope of work for Anchor QEA and David Evans include construction engineering, inspection, environmental services, and documentation compliance support. Budqet 3,530,000.00 19,201,000.00 1 �0 Approve the construction management consultant contracts with Anchor QEA, LLC. in the amount of $79,218.00 and David Evans Associates in the amount of $60,878.00 and consider these items at the July 23, 2012 Committee of the Whole meeting, and subsequent August 6, 2012 Regular Council. Attachments: Funding Spreadsheet 2012 CIP, pages 12, 88, and 118 Anchor QEA Contract, Scope of Work, and Fee David Evans Associates Contract, Scope of Work, and Fee Expenditures KBA, Inc. (CM Consultant) 2,913,949.72 Anchor QEA 79,218.00 David Evans Assoc. 60,878.00 Widener Consultant (Corps of Engineers) 40,000.00 HWA GeoSciences 20,000.00 Dispute Review Board Expense 10,000.00 In -house Staff 560,000.00 Construction Bid 16,030,030.64 15% Construction Contingency 2,404,504.60 Extras, PSE, Signals, etc. 599,429.42 Total Contracts and Budget $22.715.142.38 Budqet 3,530,000.00 19,201,000.00 1 �0 Approve the construction management consultant contracts with Anchor QEA, LLC. in the amount of $79,218.00 and David Evans Associates in the amount of $60,878.00 and consider these items at the July 23, 2012 Committee of the Whole meeting, and subsequent August 6, 2012 Regular Council. Attachments: Funding Spreadsheet 2012 CIP, pages 12, 88, and 118 Anchor QEA Contract, Scope of Work, and Fee David Evans Associates Contract, Scope of Work, and Fee southcenter parkway extension budget and expenditures 98410437 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2012 to 2017 PROJECT: Southcenter Pkwy (S 180 St S 200 St) Project No. 98410437 4,000 Extend 5 -lane Southcenter Pkwy to 200th St and include curbs, gutters, sidewalks, drainage, and DESCRIPTION: sewer improvements. See corresponding water and sewer projects CIP pages. JUSTIFICATION: Southwest access needed for commercial business district (CBD) and development of adjoining area. STATUS: Design and right -of -way completed in 2009, construction started in 2010 with completion in 2012. MAINT. IMPACT: Additional street, sewer and surface water maintenance. Mitigation Expected Design grants from Federal STP for $196k and $150k from State AIP. Construction grants include $10m in COMMENT: State grants, $2m TIB grant, and $3.5m in Federal Earmark grant. Puget Sound Energy, Highline Water District, City Oper. Revenue Segale Properties, and King County (sewer) will pay for a portion of costs. City Bond of $4.388m in 2010. FINANCIAL Through Estimated (in $000's) 2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL EXPENSES 6,295 Design 1,345 21 1,366 Land(R/W) 11 11 Const. Mgmt. 1,166 1,300 750 3,216 Construction 2,190 7,102 5,545 14,837 TOTAL EXPENSES 4,712 8,423 6,295 0 0 0 0 0 0 19,430 FUND SOURCES Awarded Grant 4,209 4,000 5,306 Bonds 4,388 r G p 3u'kWl�p PMrvy s tgo St Mitigation Actual 12 21 s.em Mitigation Expected 4 361 City Oper. Revenue (3,897) 4,402 628 TOTAL SOURCES 4,712 8,423 6,295 Pr 2012 2017 Capital Improvement Program 0 0 0 0 0 0 0 0 0 0 f s rss n� 316E y Sk g r G p 3u'kWl�p PMrvy s tgo St n s.em Tr�ca h'N 4 d a 9�� �'.11nkRpr 814d N U01 and Or Mitllaap'. ❑c A W I T I P 12 13,515 4,388 33 361 0 1,133 0 19,430 GIs 3 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2012 to 2017 PROJECT: Southcenter Pkwy Water Upgrade (Minkler 180) Project No. 90440103 98410437 DESCRIPTION: Design and construct 12" waterline in Southcenter Pkwy from Minkler Blvd to South 180th St. Interlocal agreement with Highline Water District has their improvements under our construction contract with full reimbursement. JUSTIFICATION: Coordinate with installation of sanitary sewer line in Southcenter Pkwy. STATUS: City water improvements should be completed in 2010. Highline Water District improvements shown in 2011. MAINT. IMPACT: Improved service will reduce maintenance liability. COMMENT: Coordinated with Southcenter Pkwy Extension roadway project. FINANCIAL Through Estimated (in $000's) 2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL EXPENSES Design 153 153 Land(R/W) 0 Const. Mgmt. 6 57 16 79 Construction 392 1,490 120 2,002 TOTAL EXPENSES 551 1,547 136 0 0 0 0 0 0 2,234 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Highline Water Dist 117 1,494 136 1,747 Mitigation Expected 0 Utility Revenue 434 53 0 0 0 0 0 0 0 487 TOTAL SOURCES 551 1,547 136 0 0 0 0 0 0 2,234 Li.►C7L ®ll� i Pro Liz r` r� rya wr u E 60, I� 1' i u n Tm CM w Li 2012 2017 Capital Improvement Program 88 4 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2012 to 2017 PROJECT: South City Limits Sewer Extension Project No. 98640204 98410437 DESCRIPTION: Design and construct 13,000 LF of sewer line from Minkler Blvd to S 200th St along Southcenter Pkwy. JUSTIFICATION: Coordinate with installation of road and water improvements in Southcenter Pkwy. STATUS: Construction began in 2010 and will continue into 2012. MAINT. IMPACT: Increased man -hours to service new system. See Southcenter Pkwy Extension project in arterial streets. Sewer costs will be funded by Federal Earmark COMMENT: grants and sewer connection fees over 10 years. FINANCIAL Through Estimated (in $000's) 2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL EXPENSES Design 59 59 Land(R/W) 0 Const. Mgmt. 55 100 80 235 Construction 832 970 560 2,362 TOTAL EXPENSES 946 1,070 640 0 0 0 0 0 0 2,656 FUND SOURCES Grants /City Bond 887 1,070 640 2,597 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 59 0 0 0 0 0 0 0 0 59 TOTAL SOURCES 946 1,070 640 0 0 0 0 0 0 2,656 s F R/ iii V i {�I■ 8?'158stt. 515s 5e �n mp N 2012 2017 Capital Improvement Program S 1E 118 L A T..h D, 4 q S GIs 5 Specific Rates Of Pay Negotiated Hourly Rate Provisional Hourly Rate Cost Per Unit of Work Exhibit A -1 Scope of Work Exhibit A -2 Task Order Agreement Exhibit B -1 DBE Utilization Certification Exhibit C Electronic Exchange of Data Exhibit D -1 Payment Lump Sum Exhibit D -2 Payment Cost Plus Exhibit D -3 Payment Hourly Rate Exhibit D -4 Payment Provisional Exhibit E -1 Fee Lump /Fixed/Unit Exhibit E -2 Fee Specific Rates Exhibit F Overhead Cost Exhibit G Subcontracted Work Exhibit G -1 Subconsultant Fee Consultant/Addressfrelephone Anchor QEA, LLC 720 Olive Way, Suite 1900 Seattle, WA 98101 Project Title And Work Description Southcenter Parkway Extension Project: Replace the existing two -lane roadway with a new five -lane facility between S 180th St and S 200th St that will include urban roadway improvements that meet current standards. DBE Participation Yes Z Nt Federal ID Number or Social Security Number Do you require a 1099 for IRS? Completion Date Yes No Total Amount Authorized 79,218.00 Management Reserve Fund Maximum Amount Payable 79,218.00 Exhibit G -2 Fee -Sub Specific Rates Exhibit G -3 Sub Overhead Cost Exhibit H Title VI Assurances Exhibit I Payment Upon Termination of Agreement Exhibit J Alleged Consultant Design Error Procedures Exhibit K Consultant Claim Procedures Exhibit L Liability Insurance Increase Exhibit M -la Consultant Certification Exhibit M -lb Agency Official Certification Exhibit M -2 Certification Primary Exhibit M -3 Lobbying Certification Exhibit M -4 Pricing Data Certification App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this day of 5 9 between the Local Agency of City of Tukwila Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 C:9 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D /M /WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager. VI Sub Contracting The AGENCY permits sub contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit "G. The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub- consultant shall be substantiated in the same manner as outlined in Section V. All sub contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub consultant is required to perform a minimum amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 20004 through 20004 -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RC W 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, 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 AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. I Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J and disputes concerning claims will be conducted under the procedures found in Exhibit "K II Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 frs7 III Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 ffl The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. IV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. V Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. 1 I XV The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 im In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. r '2 m Consultant Anchor LLC Agency DOT Form 140 -089 EF Revised 3/2008 Page 8 of 8 13 Exhibit A City of Tukwila Southcenter Parkway Extension Construction Services Scope of Work June 20, 2012 The Consultant shall provide Field Observation services and Construction Management support and for the completion of the Southcenter Parkway Project as outlined below: Task 1: Field Observation In coordination and cooperation with the City lead inspector, the Consultant shall provide the services of one full -time inspector and supplemental assistants (only as needed and requested by the City) on the project site who will observe the technical content of the construction, including providing day to day contact with the Contractor and the City. The City shall contract with an independent testing lab for material testing services such as field sampling, sieve analysis, in place density tests, extraction, and rice density. The Consultant inspector will utilize those test results to monitor material placed for compliance with the contract requirements. The Consultant shall utilize approved submittals provided by the City for equipment verification purposes. The Consultant shall keep records and prepare a daily report or other documentation correspondence as required for the duration of their work assignment. The report shall include photographs taken during the course of construction. Truck tickets and other required documentation obtained from the Contractor will be provided to the City. The Consultant shall prepare a draft comprehensive punchlist based on the above field inspections for review by the City lead inspector. The Consultant shall track quantities, assist in preparation of pay estimates, and review with City and Contractor for approval. Up to four pay estimates are anticipated for this project (June, July, August and Final). Task 2: Environmental Compliance The Consultant shall provide field observation of the contractor installed temporary erosion and sedimentation control features for compliance with best management practices to prevent off site discharge. These field observations will be provided in a report with any recommended corrective actions. The Consultant will assist in meetings or site visits with agency permit compliance staff to achieve close -out Task 3: Contract Management Support Consultant shall prepare for and attend construction meetings with the City, Contractor, utilities and other parties as requested. 14 The Consultant shall provide informal site visits with the field observer, City staff and Contractor to address concerns, make clarifications, and help assure compliance with Contract Documents. The Consultant shall respond to e- mails, telephone calls, verbal requests made at meetings or similar requests from the City to assist with contract administration activities. Such activities may include but not limited to field directives, change orders, correspondence from the contractor and other administrative and management functions. The Consultant shall assist in project documentation and records management in anticipation of a project documentation audit by WSDOT federal aid. Consultant manager shall provide appropriate staff assignments, management of staff, preparation of monthly invoices and progress reports of work performed. Task 4: Contract Administration Support Consultant shall provide administrative and engineering trained support staff (on an "as needed" basis) to assist the City in fulfilling construction contract administration activities Provide document preparation support and related administrative activities The remaining construction duration is anticipated to be approximately 4 weeks of field time and 10 weeks of administrative support. Deliverables: Items to be provided by the Consultant: Daily field inspection reports Field notes and sketches Construction photos Documentation from site meetings, change conditions, and field directives. Punchlist. Items to be provided by the City: Contract documents Contract records (as developed by the previous consultant) Exclusions: The Consultant shall assume no responsibility for proper construction techniques and job site safety. The presence of the Consultant's personnel at the construction site is for the purpose of providing to the City a greater degree of confidence that the completed work will conform generally to the Contract Documents. The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor, but cannot guarantee the Contractor's performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor and any subcontractor. IN southcenter parkway cm services field inspection services environmental compliance contract management services contract administration support LocalAgency 0 Arch itectu i neeri Agreement Personal Agreement Aq Federal Aid Number PP- DEMO -STPUL- 1041(003) Agreement Type (Choose one) El Lump Sum Lump Sum Amount #verhead Cost Method 7 Actual Cost El Specific Rates Of 1■ Negotiated Hourly 17 Provisional H• F Cost Per Unit of Consultant/Address/Telephone D. Evans and Associates, 415 118th Avenue SE Bellevue, 9:11 Project Title And W• Description Southcenter Parkway Extension Project: Replace roadway five-lane facility between S 180th and S 200th meet current standards. DBE Participation 1■ Yes /1 Federal or 93-066-1195 Do you require a 1099 for IRS? Completion Datc 7 Yes 11 No Total Amount Authorized 60,878.00 00000043nm We THIS AGREEN4ENT, made and entered into this day of between the Local Agency of City of Tukwila Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT IVA WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT, and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit -C.11 All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 18 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit `D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager. VI Sub Contracting The AGENCY permits sub contracts for those items of work as shown in Exhibit ­G­ attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non salary costs and fixed fee costs for the sub consultant shall be substantiated in the same manner as outlined in Section V. All sub contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub consultant is required to perform a minimum amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 iK third parry as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RC W 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 OR In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, 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 AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J and disputes concerning claims will be conducted under the procedures found in Exhibit `K XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 041 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 PA The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 23 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By By Consultant David Evans and Associates, Inc. Agency City of Tukwila DOT Form 140 -089 EF Revised 3/2008 Page 8 of 8 24 CITY OF TUKWILA SERVICES DURING CONSTRUCTION SOUTHCENTER PARKWAY EXTENSION PROJECT 1.01 PROJECT DESCRIPTION David Evans and Associates, Inc. (CONSULTANT) will provide professional support services for the construction of the Southcenter Parkway Extension (PROJECT) under the direction of City of Tukwila (CLIENT) as described in this Scope of Services. 1.02 PROJECT DELIVERABLES FURNISHED BY THE CONSULTANT The CONSULTANT shall maintain a project file for pertinent work items. These files will be delivered to the CLIENT at the conclusion of the project. The CONSULTANT shall provide professional engineering management and supervision throughout the duration of the PROJECT. This effort will include the following elements: Subconsultant coordination. Organize and lay out work for project staff. Prepare project instructions on contract administration procedures to be used during construction. Review monthly expenditures, prepare invoice, and submit project progress letter to the CLIENT. Quality Assurance /Quality Control. 2.01 SUBCONSULTANT COORDINATION Direction of the SUBCONSULTANT and review of their work over the course of the PROJECT shall be provided by the CONSULTANT. Monthly monitoring of the SUBCONSULTANT's budget will occur over the course of the PROJECT. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions could include formal requests for budget increases, or scope modifications or reductions. 2.02 MONTHLY INVOICES AND PROGRESS REPORTS The CONSULTANT shall submit monthly invoices and progress reports for payment by the CLIENT. The CONSULTANT'S invoices shall only include the work done by the CONSULTANT or any approved SUBCONSULTANT for work under this scope of services. The CONSULTANT shall list the following: work item, employee's name, job classification, hourly rate, total amount invoiced per work item, billing duration, any necessary receipts and a description of purpose, and total amount due. Deliverables: Monthly invoices and progress reports (5 monthly invoices estimated). s Trans\ deax0030\ mlf \tukwtlalwuthcenterlwuthcenter construction management doc DAVID EVANS AND ASSOCIATES, INC. %k7 This work element is for QA /QC review of CONSULTANT deliverables by a designated QA /QC staff member of the CONSULTANT team. The review will cover project documentation, progress payments, change orders, and pertinent information on an ongoing basis. The program entails the periodic review of the project files and assures that the overall scope of services objectives are being fulfilled. The CONSULTANT shall provide professional services to support the CLIENT construction completion of the PROJECT. The following tasks are assumed for this work item: Final field walk of wetland number 1 mitigation site. Complete final (punch list) inspection. Provide notes summarizing punch list items. Review as -built drawings submitted by the contractor for completeness. Prepare record drawings. The CONSULTANT shall conduct a field walk through with the CLIENT to determine if invasive plant species have been removed in the wetland number 1 mitigation site. It is assumed field survey shots are not required. The CONSULTANT shall conduct a final on -site walk through with the contractor and CLIENT. If needed, a punch list will be prepared and submitted to the CLIENT. It is assumed the CLIENT will provide one complete, consolidated set of redlines for the CONSULTANT to use in as -built drawings preparation. Highline Water District plans as -built have been prepared under a separate contract with Highline. Deliverables: Punch List (if needed) Draft As -built record drawing (One copy 22 "x34" paper) Final As -built record signed 22 "04" Mylar Record Drawings. Electronic Copy of Final As -built record drawings in PDF format. The CONSULTANT shall attend the final startup and testing of the pump station with the contractor, pump manufacturer's representative, and the City to witness the actual pump flow tests for each pump. The observation testing will include pump operating with and without the assistance of the standby generator. The testing should include electrical and control systems. The results of the startup testing shall be documented in writing and included as part of the final Operation and Maintenance Manual. The CONSULTANT shall prepare an Operation and Maintenance Manual (O &M) in accordance with Washington State Department of Ecology guidelines (WAC 173- 240 -080). It is assumed that the City will provide an example of an approved O &M. The following figures are assumed for the O &M: vicinity map, site plan, typical mechanical plan and sections, and electrical one -line drawing. The CONSULTANT shall conduct a final on -site walk through of the pump station with the contractor and CLIENT. If needed, a punch list will be prepared and submitted to the CLIENT. Deliverables: Draft Operations and Maintenance Manual (1 hard copy) Final Operations and Maintenance Manual (I hard copy) Pump Station Punch List (if needed) s trans deax0030t tnlf\tukw tla\southcenter\southcenter construction management doc DAVID EVANS AND ASSOCIATES, INC. 2 PQ The CONSULTANT shall provide professional services to support the CLIENT responses to contractor's RFIs or questions by the CLIENT. The budget for this task is based on the following assumptions: CONTRACTOR'S RFIs: One hour per RFI for one CONSULTANT. A total of five RFI's is assumed. CLIENT QUESTIONS: One hour per question for one CONSULTANT. A total of 10 questions are assumed. II 1' 1 1 Record of Survey and Right -of -Way Plans The CONSULTANT shall finalize the record of survey prepared under a separate scope of services. The CONSULTANT shall field verify all centerline monuments installed and punched by the contractor. It is assumed that the contractor disturbed or destroyed the CONSULTANT's survey control and the CONSULTANT will need to re- establish survey control for this field work. The CONSULTANT shall record the record of survey with King County. Two days of survey field crew is assumed this scope of services. Deliverables: Record of Survey Drawing and Right -of -Way Plan set. s trans deau0030W nlfltukwelasouthcenter\southcenter -construction management doc DAVID EVANS AND ASSOCIATES, INC. 3 M DRAFT Southcenter Parkway Extension Project Services During Construction Summary Direct Salary Cost Subtotal Overhead Cost Net Fee 0 Subtotal Direct Non -Salary Cost a) Deliveries/ Mail b) Reproduction: Half -Size Plans Sets Full -Size Plan Set Full -Size Mylar Record Drawings c) Travel (Personal Miles) Subtotal Subconsultant Subtotal JAG, LLC (Lift Station) R &W (Electrical) DEA Total to Complete Project Total Hrs. 352 175.34% of Direct Labor 30.00% of Direct Labor 2 Each Classification Hrs. x Rate Cost 1 Quality Assurance /Quality Control 14 $58.50 $819.00 2 Project Manager 52 $58.50 $3,042.00 3 Senior Professional Engineer 63 $58.50 $3,685.50 4 Senior CADD Tech. 130 $39.50 $5,135.00 5 Sr. Landscape Architect 8 $42.20 $337.60 6 Survey Manager 2 $61.50 $123.00 7 Senior Prof. Land Surveyor 8 $40.00 $320.00 8 Survey Tech. 22 $30.00 $660.00 9 Party Chief 16 $30.00 $480.00 10 Instrument Person 16 $25.00 $400.00 11 Project Administrator 15 $31.70 $475.50 12 Administrative Assistance 6 $27.50 $165.00 Direct Salary Cost Subtotal Overhead Cost Net Fee 0 Subtotal Direct Non -Salary Cost a) Deliveries/ Mail b) Reproduction: Half -Size Plans Sets Full -Size Plan Set Full -Size Mylar Record Drawings c) Travel (Personal Miles) Subtotal Subconsultant Subtotal JAG, LLC (Lift Station) R &W (Electrical) DEA Total to Complete Project Total Hrs. 352 175.34% of Direct Labor 30.00% of Direct Labor 2 Each $15.00 /Each 0 Each $110.00 /Each 1 Each $600.00 /Each 1 Each $1,450.00 /Each 300 Miles $0.550 /Mile Page 1 S:% TRANStDEAX0030XmMTukwilatSoutheenteASouthcenter Construction Management.As $30.00 $0.00 $600.00 $1,450.00 $165.00 $15,643 $15,643 $15,643 $27,428 $4,693 $47,763 $9,370 $1,500 $10,870 1 1$60,078,1 Printed 7/1112012 28 southcenter parkway extension project services during construction 011 SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd) June 19,20 11 Members MEETING SUMMARY Mayor Dave Hill Mayor Pete Lewis Councilmember Barry Ladenburg Councilmember Marcie Palmer Stacy Tn ssler Councilmember Stacia Jenkins Councilmember Jeanette Burrage Councilmember Wayne Snoey Councilmember Jeanie Burbidge Emiko Atherton Maiya Andrews Councilmember Jeanne Burbidge Councilmember Elizabeth Albertson Kelly Hayden Commissioner Don Meyer Councilmember Noel Gerken Elizabeth Leavitt City of Algona (Chair) City of Auburn (Vice Chair) City of SeaTac City of Renton WSDOT City of Normandy Park City of Des Moines City of Covington City of Federal Way King County Council (Alternate) City of Burien (Alternate) City of Federal Way City of Kent Pierce Transit Port of Tacoma City of Maple Valley Port of Seattle Charlie Howard PSRC Chris Arkills King County Executive (Alternate) Terry Davis South Sound Chambers of Commerce L Introduction, Comments, May 2, 2010 Meeting Summary After introductions, the Board adopted the May 2, 2012 joint SCATBd /RAMP meeting summary with revisions. IL Reports, Communications and Citizen Requests to Comment Chair Hill summarized the accomplishments of SCATBd over the past year including, forming a relationship with Pierce County's Regional Access Mobility Partnership (RAMP), the adding of the South Sound Chambers and the Port of Tacoma representatives to the Board, and the development of SCATBd's 2012 Legislative Brochure. Chair Hill noted that SCATBd was well underway to developing working relationship with groups like RAMP and the South Sound Chambers of Commerce to address transportation issues affecting South King County. Mr. Takamine reported on the SCATBd dues and reported a balance of approximately $8200. Mr. Snoey said that he thought that last year dues balance was a lower amount and asked for a review of the SCATBd dues. Vice -Chair Lewis asked for a report at the next meeting, and asked that dues information to be sent out electronically. 01 Page 2 Chris Arkills briefed the Board on status of the SCATBd Agreement and said the Agreement will expire at the end of 2012. He said the Board had two options, 1) the Board could choose to extend the Agreement, with minor revisions, for an additional two years with a vote or 2) reopen agreement by convening a j oint committee to work with the two other subarea boards to update the agreement. Mr. Arkills said the reason for this coordination with the other two subarea boards was that King County would like subarea agreements to be similar. He said the updated agreements would have to be approved by the individual city councils and King County Council, and in the past this process took about six months. Mr. Arkills said that SeaShore and ETP Boards have agreed to extend their agreements for another two years. Vice Chair Lewis noted that SCATBd was originally started by Chambers of Commerce of four South Sound cities. The group was originally formed to be a voice to advocate for local transportation needs and said he would like to see SCATBd focus on the needs of South King County jurisdictions. He said he was not opposed to SCATBd continuing its relationship with King County but there has to be recognized that SCATBd is separate from other two subarea boards. Wayne Snoey noted that there was power in being part of a larger group of subarea organizations. He also said that he interested in expanding SCATBd membership, and would like to see more business and labor representation on SCATBd. Mr. Arkills said that King County would welcome the discussion, and supported the idea of a more inclusive SCATBd's membership. He said the County would continue to provide staff support, and would support what ever course the group wants to take. Barry Ladenburg said that he felt that King County should continue to be a partner in SCATBd. SCATBd Action: A motion was made and seconded to form a subcommittee to review the SCATBd Agreement, and that King Countv should continue to be Dart of the organization. The motion was Dassed by SCATBd. The subcommittee members included: Dave Hill, Pete Lewis, Wayne Snoey, Terry Davis, Chris Arkills, Marcie Palmer, Jeannie Burbidge, and Stacia Jenkins. SCATBd will decide on the extension of the Agreement based on the outcome of the subcommittee recommendation. Jeanie Burbidge and Charlie Howard reported that the PSRC's Transportation Policy Board took action at its June 7 meeting to recommend PSRC staff begin testing the Transportation 2040 project prioritization process. Mr. Howard said that result in from this testing should be available in September. Ms. Burbidge said that PSRC staff was asked to test the project prioritization process on completed projects to see how they would have scored. Marcie Palmer reported that the RTC reviewed King County Metro's Alternative Transit Service Plan, she urged that all cities should review the plan and its implications. «a Page 3 Mr. Takamine asked for Board approval of draft 2011 SCATBd Progress Report. He said the report highlighted the accomplishments of SCATBd during the previous year and he needed the Board's OIL to post report on SCATBd's web site. The Board asked to correct the history of SCATBd to say that SCATBd was initially formed in the late 1980's by four South County Chambers of Commerce and its four cities to identify and promote transportation improvements in the South King County area. SCATBd Action: A Motion was made and seconded to adopt the SCATBd 2011 Progress Report as amended. The Motion was passed by SCATBd. III. Report on STP /CMAQ Regional and Countywide Grant Competition Peter Heffernan, King County Department of Transportation Peter Heffernan, Grants Administrator for King County Department of Transportation, presented an update on the project selection process for the Puget Sound Regional Council's (PSRC) Regional and King County area federal grant program competitions. These two competitions have $63 million and $53 million available respectively. Regional GrantPr•ograin: Earlier this year the King County members of the PSRC Transportation Policy Board asked each King County Subarea Transportation Board to recommend five projects from each of their subareas to be considered for the Regional Competition from the King County area. The proposals for the Regional Competition have been reviewed and a recommendation has been developed by the PSRC's Regional Project Evaluation Committee who reviewed the projects. King County's South Park Bridge project was part of an earlier recommendation by the Executive Board to receive regional funding. The projects recommended by SCATBd for this regional competition were not recommended in the funded portion of the recommendation, but did have two South County projects placed on the contingency list in case additional funding becomes available. The projects included Auburn's S 272" d /277 Street Corridor project and Tukwila's Interurban Avenue South project. King C'owitliricle GraiatProgr•ana: The King County Project Evaluation Committee (KCPEC) has reviewed and developed a recommendation to the King County Members of the PSRC's Transportation Policy Board Meeting for the distribution of $53 million in the King Countywide grant program. The King County Members of the PSRC's Transportation Policy Board met on June 14 to review this recommendation. Due to variation in types of projects and size of jurisdictions potentially competing against each other, the King Countywide grant program competition is divided into different categories. The categories are the Larger Jurisdiction Program, Smaller Jurisdiction Program, Rural Area Program, Non motorized Program, All Others Program, and the Preservation Program. The South County projects recommended for funding are listed in each of the categories below with 32 percent ($15.4 million) of all King County funding going to South County projects. 33 Page 4 Largee• .lurisdictioii Prograin: Des Moines Connecting 28 /24 Ave South Renton -Logan Avenue North Improvements Kent South 288 /UP Grade Separation Maple Valley SR 169 /SE 271 Place Intersection Improvement Larger JuriOictioii Preseriatioii Program: Tukwila East Marginal Way SeaTac South 188 Street King County South 288 Street Federal Way South 320 Street Renton SW Grady Way Kent Central Avenue South Auburn West Valley Highway Noii- motorized Program: King County Lake to Sound Trail Des Moines Barnes Creek Trail Kent Regional Trails Connector Renton Highlands to Boeing /Landing Pedestrian Connection All Others Program: King County Self Service ORCA Kiosks (Countywide) King County Route 101 Transit Priority Corridor Improvements The Board asked Mr. Heffernan to include additional project information such as total project costs, and percentage of the grant to total project cost. Vice Chair Lewis said that he would like to see more cities partner on projects with regional benefits in future grant competitions. IV. PSRC report on economic and demographic changes that have taken place in the last decade Sean Ardussi, PSRC As part of a series of background briefings to inform the scope of the Transportation 2040 Update, Sean Ardussi, Senior Planner, briefed the board on the topics of growth and the economy. The presentation highlighted information about jobs, employment and demographics in the region, and included an interesting demonstration of job gains and losses in Metropolitan Statistical Areas between 2004 and 2011 [to view the demonstration, go to htt�): /tii)strate /interactive -iobs- 2011 -11 Key takeaways from Mr. Ardussi briefing were: 34 Page 5 The recession has had a downward effect on long -term employment forecasts, but strong job growth is still expected. Population forecasts remain mostly unchanged growth is consistent with earlier forecasts. Migration trends have historically been the greatest source of population change in the region, driven largely by the economy and job opportunities. King County saw the greatest losses in employment during this recession. Snohomish and Pierce county job losses were partially offset by strengths from Boeing and Joint Base Lewis- McChord. Economy is more diversified across different sectors than previous decades, with the service sector leading growth. Household size is remaining stable. Charlie Howard noted that Transportation 2040 was based on 2006 financial information, and because of declining transportation revenues it was important to review the financial assumptions that will be used in the Transportation 2040 update. Mr. Howard also asked the SCATBd and the individual jurisdictions to provide input in to the update process, he said any ideas or observations on the update process would be welcome. V. SR 516 Corridor Planning Study Report Tom Washington, WSDOT Urban Planning Office Mr. Washington reported that in 2010, the State Legislature directed WSDOT to evaluate and develop recommendations to address preservation, safety, and mobility issues on SR 516 between SR 167 and SR 169. WSDOT's Urban Planning Office is working in partnership with the cities of Kent, Covington and Maple Valley, and this effort will result in a plan that includes a list of short and long -term projects addressing safety and mobility issues along this route. The study included a travel time analysis in the corridor, and used 70% of posted speed and the study threshold. It analyzed of 26 Intersections, 13 in Kent, nine in Covington, and four in Maple Valley, and used an intersection level -of- service E as a threshold. The studies preliminary recommendations include: Safety Continue monitoring collision data and maintaining the corridor Operate Efficiently Keeping signal operations and timing optimal Manage Demand Vanpooling, Employer TDM participation, Multimodal commute outreach and incentives «7 SCATBd Meeting Minutes June 19, 2012 Page 6 Strategic Capacity Near term Widening from Jenkins Ck to 185th Ave SE $12M to $15M Mid term Widening from 185th Ave SE to 192nd Ave SE $8M to $15M, and intersection improvements at 104th Ave SE /SR 515 $4M to $11M Long term Capacity improvements from 192nd Ave SE to 216th Ave SE Intersection improvements at Smith/Central, SE 256th St, 108th Ave SE, 132nd Ave SE, 152nd Ave SE, 172nd Ave SE, and SE Wax Rd. Projects must prioritize against other statewide transportation needs Mr. Washington said a final recommendation will be published in this summer. Other Attendees: Bill Peloza, City of Auburn (Alt) Demos Dowdy, City of Auburn Rick Perez, City of Federal Way Steve Clark, City of Maple Valley Rachel Smith, South Transit Sean Ardussi, PSRC Grant Fredricks, City of Des Moines Peter Heffernan, KCDOT Bob Giberson, City of Tukwila Dan Brewer, City of Des Moines Paul Takamine, Bing County DOT Monica Whitman, SCA Cathy Mooney, City of Kent Jim Seitz, City of Renton Tom Washington, WSDOT Richard Warren, WSDOT Ella Williams, SCA 6 01 DISCUSSION for July 17, 2012 SCATBd meeting: Review the following report on SCATBd's dues and discuss ideas for using the dues in 2012 to advance SCATBd's purposes. Background and Report: The current SCATBd Agreement establishes annual dues for core members of $100 per voting member, except for King County, which provides staffing support instead. The revenues from dues are to be used for special events, public education and other expenses authorized by the Form. In the past, SCATBd has used these funds to contribute to brochures jointly prepared with the other two subarea boards to advocate at the state legislature for additional funding. SCATBd has also used its dues for sessions with other local elected officials and state legislators. In accordance with the interlocal agreement, a report on SCATBd's dues is made in June of each year so that financial contributions from members for the upcoming year can be adjusted if needed. This also provides an opportunity for SCATBd to discuss its priorities for spending the remaining dues for the rest of the year. Currently the dues generate a total of $1500 annually, and unexpended balances are carried over from year to year. The current balance is approximately $8200. The following pages show the yearly SCATBd dues totals for 2005 through 2012. Suggestions for Use of Dues Bus tour to see city projects, light rail stations and /or RapidRide operations. Brochure for use during 2013 legislative session to advocate for SCATBd's legislative priorities. Event with legislators to prepare for 2013 legislative session. Event with gubernatorial candidates to explore their positions on transportation. Coordination with cities in other parts of the state to understand their priorities, educate them about SCATBd's priorities and identify common issues for advocacy. «A south county transportation board scatbd c 0 a 0 c as .sa M Z N U O C Q1 t O_ c� v m A l cornoo0 6i co co Sri N It 00 N r r 69 64 69 69 M ti M O co cfl r- N Q N T T X c�a O N G m O U o o m o co ct U U p ro co U �3 O Q1 I� r N 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0C) M M C N C? C? 0 0 C7 0 0 0 0 0 0 0 0 0 0 0 0 0 N N 7 O O O C7 0 0 0 0 0 0 0 0 0 666 0 6 CO CO co o 0 0 0 0 0 0 0 0 0 0 0 0 0 000000 M r r r r r r r r r r r r r 696 664646RGGY64U>64fR64 r r r T N wb9 (0 {f}ra a 64 w (A. SC U Q1 t V 0 r o N CD T T T T T T T T T T T T T O U. T T T T T T r T T T r T 00 CD LO 00 r r T r T o w M M M T 0() (O T O() M CO M M 'IT r r G U t O N N N N O N N CM C_V M 0 C1 c r- r r r N M N F O M 0 C] 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0r U E 0 d Cfl M N O V r- 0 w M M coo O O M N ti c- CO M I- r O N CO Cn N r 0 0 CO N d N M�r N ti M N M N N M w M IT M r- co 0 O CO r O T O T O I- O N CO N 10 U O O M N N N to N LO N r0 It M r� O T T N CO 0 O O Lo M M N O V O O L L Q M CD LL T M= w C r- U a v m c U 00 V o 0 00 O C] C O- O U 7 O O C W (c O O fU 07 <<fnEDUO ZaU�cnF- 0 0 0 o a o 0 0 o a o 0 0 0 o a o Y 0 O Q1 I� r N 0 W ciao Lai mm C 3 O E Q QT U_ O 7 .O E Z V U 0 7 C L- CD L 0 U a c (0 'i 0 N O O N E!3 Ln Cl) N N C CT c 0 N 0) CS1 N Ef3 N O O O O O O O O O a 0 0 0 0 0 0 0 0 N N r; 0 0 0 0 0 0 0 0 0 O O a a Q a 0 0 0 r r 3 ti o 0 0 0 0 0 0 o 0 000 c o o o a o a o 0 0 0 0 0 0 0 o a o a o o G Y MEN _a r r r r r r r r r r r r r Y Y Y U3 U3 d3 64 b3 69 Cf? Fr? 64 69 69 6 EF} 69 64 64 H3 b4 r r Q N O r M LO O 47 LO M CO Ln O (n r N LIB It V C N N N N N N N N N N Y 0 CD r Y Y r r r M N s c a a o o r a o 0 00 a a a o 0 0 0 0 U E o v U rn 0 o N G Y r r N O r M LO O 47 LO M CO Ln O (n r N LIB It r E V C N N N N N N N N N N Y 0 CD r Y Y r r r M N s c a a o o r a o 0 00 a a a o 0 0 0 0 U E o v M�t (O CO m w M 0 (O H O M O MOO 1- m qr O CO r� CO d 0 r N LO N r O Olqr to (D N O r 0 0 qr N N M N N a MIT r r M N O r LC) �r N N M 0 0 0 0 00 O O M• O M M N N N CO g M O O OD Lf) N d r M O r r N Cp a 00 N M t U a� is 0 CL E O T 70 .O 70 °s w as c U a as e a� E m C I 3 o E O Q U •C 7 0 3 C5 C m U O C N Y O Q) O7 m Z, O O C CU CU f6 d 0 0 0 0= C w Q< mEDUa W LL. e zEL U) N� 45 O O O O O O O d O 0 0 0 0 0 0 0 0 Y UUUUU UUUCUaUUU C� a� 0) a 0 0 N a y !1i7 c awn E d V O d E O Z 01 V �O C G? O CO c �L d U 3 O E V U d R X i M O N co 0 4 N E O LL CI C E d w I�r LO LO 0 0 1-- r CD LO O 00 64 N 0') Cfl c to 63 69 ti c� cr7 M r m M co LO M CA m [B U C o S O J 0 c O C .0 IM O N CL U n H UJ c c c 0 0 0 0 0 0 0 CD O coo C o O Ca o 0 oM O O d O 0 0 0 0 0 0 0 0 0 0 0 0 0 On O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 O M r r r r c r r r r r r r r r H9 O O O O O W CA C� O O m 0 C0 0 0 0 0 0 0 no O O O O O O O O O C C O R R O O O Iti N C M N IS r O CO N Cr) O m O M N 0 0 0 C V C��I N M O N O O N O N N O M Lo -t M 4 M M M d d r e7 CD N coo Q O 0000 O 0 0 0 0 0 0 0 0 c) C o m m O M m l 7 m M ti ti N M O M 0 M w Lf) CD �t to O r O LO r c# CD O N M �j M it CO O N W LO N I- M 0 M M N O r N O O� M r M M r r CM O O r Il_ 1~ 00 d N d' LO N-,T Y N M CO M N N r 0 M s- r N cM M co 00 :7' M r co d 0 r r N CD O 0 N M c t U o N M L E N 7+ a O 4- c 3 70- O C9 G -O C C Q O U (0 m U C CU co E f- 3 o E 0 „L1 U 7 O} 5 m O O N c O N O (a O O V) U s QQmmUDuJL.LY2 2ZIL U0�CnI- rn 46 •ham 4 15 4 4— L 4— '6 Lb 46 4— 0 4-- 0 0 O O O O O O O O D O O O O U 0 0 0 �C U U U U U U C? U U U U U U LL U U U 2w LO N O W M co M EFT O m I~ 'gt' OD fQ d9 G E d N 7 O O c4 m 0 0 0 ti b y !SI c e 0 0 L E m Z V 0 L 0 1 II�^ v/ a c a� ro U 0 0 0 sry N a co 0 v N b h 42 0) O0000o0 00000 000 4 a r- Oo00000 00000 000 m C° o to o ui o (D o 6 CD CD LO C) 0 0 o M O cnr-- Lo ti�u r- LD u m cnu-) Lo o a 64 64 (t} b4 64 64 64 64 64 64 64 64 64 69 64 N N N .Ac U d U n 0 CD as QD N E m 00 00 0o as w 0o co m 0o ao Oo co co 5 p 0 0 0 0 0 0 0 0 x 0 (D 0 0 a R LL LO N M I` q N I` N h 0) 0o I- v CD N N 0 0 0 O p Q r N= N N O Q� r r r r r� N r t C C) 0 0 0 0 0 r 0 0 0 0 0 O O O U E 0 CD a u7 (fl r r C4 d C r M N (fl (7 N (O r r Lo N I LO 00 (D r (o fl- Co 0 d' O c- dT u7 47 Iq c LO u7 00 O OD �T O O r OD (n N (L7 r— u7 V (0 r 0) (O It Y 1O ti M r r r V) r r r N CM r- V) O C7 O C) r c- (Q O O M N C N m N t?3 ro E C 91 O-S co U C (6 C a3 U U f6 U C C 2 O O O O O U' C 7 U) O 55 O N C CL U N O- O m (0 O W N C 0 QQm000❑ulU. Za- 3 L 6�(5F-- in 4- 4- y L- w w 0 0 0 0 0 0 0 0 v w- 4- 4 4 0 0 0 0 0 �L� 0 0 0 �c U U U U U U U U U U U U U Ja N a co 0 v N b h 42 W &w c 0 E Q as v 0 C L d E 7 Z d v O L d r 0 1 N V 7 fA LS �L Q� U 0 0 a 69- rn aaaaaa as 0aa 0 000CD rn rn 0 0 o a o 0 o a o 0 0 0 o a o o Cl N C G N L[7 I LC) I-- LCD U') Lo 1 I- U 0 LCD LO I� Ln Ln (D CO EFT fi)({, 69 K) 6 6 69- 69- H) 6964 CA V4 V)- 4A LL a r Y T p C7 O C O N N N N CO N (V C V L C CO C) C) C7 C7 C) r t CJ r" O O C) C7 C7 CU m C] CD A w O Cl N C E r- r~ ti F ti (O Cfl 1- m ti I~ I~ r� r- C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL co (p 'I Ln N CO N LO 00 M CD M M N E r po T p C7 O C O N N N N CO N (V C r T T T N r T ('V N T T T T M r L C CO C) C) C7 C7 C) r t CJ r" O O C) C7 C7 E C] CD a a d co co N a N (D(000_V) 00 �Nr M N CO N N W) CO ti� LO N N V N I- r Y T W M LO I` I r LO M M N LC) M CO d' CM M LCD N T T CD LD M C) N N Ln 1- N M O C) T T T CO C7 CD N co L U 0 Q O 4) 5 '0 C C37 U N o 0 M U O Cn O 0 O QQmmU0 W Ii zILQz r r-. 4.- L v-. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 N m a. n o rn m 43 C 7 O E Q a V C L a E r.7 Z d _V L s O V vI a c �L a 16 A c O E Y V d s l�J LO Q CD N E (G p L Y LL d C s 'c d Y V a s A N Cp 00 ca 0 N lqr U O L co J L U) r_ C a) a a a s a a a a s a 0 U") 0 U 0 0 0 U") LO 0 0 0 0 Ln o 0 Lo f-- tf) ti LO In U') ti I~ LO U') Ln Ln hU V) K) ff} ff3 f 69 ffl 59 ff3 H} V3) {f} 69 V) V 60- H) m (D (D w 0 (D D (D co (D co (o (D (4 (D co 0 0 0 0 0 0 0 0 0 O_ 0 0 0 0 0 0 0 0 I,- In In r r N l(7 M 0 I- M O M r (D (D M 'T zz -z N N O N N r r N N r r r r r r N N r 0 0 0 0 0 N(D 0 0 0 0 0 0 0 O �t M W 0 t r N r I- M�t M r I` (D M 00 LO M m 0 M I- Lo m N co M (D (O co 0 V N M O (O f-- d' h r d OLf) O r f- 0 00 00 N M N CO 0 00 r 0 'r I- U") 0 r M g N r r 0 V M M r r N N q ti N M 0(D r r r l() 0 O N co a� 7 F N 0-9 0 ca C O V C f� Ol U N U (D (U C 9 Y (D C (D a 4 rn o N m N w s Q ca EDU ❑LuLLYe z m 0� w 0 0 0 0 0 0 o 0 0 0 0 o 0 0 0 0 Z r r Z w UUUUUUU(.�UUUUUUUU� T N 00 co Et? O 0 ui N rn fA H ti M N V+ m C E CD CD N Q7 to o m v q) 44 XW Lai m a v a O m z O F^ a O a z 9 F- z O V H O U) C O E w v 0 c L a 4 E 0 z d V O L O N N a O Q Y m v ti co u� 0 a N r U O L m CD J W C O) 67 67 0) 0) 67 M M 01 W M M M M Q) M 00 DD 00 00 CO 9D OQ 00 DD 00 00 CO CO 00 OD CO 00 It It �t 4t .I It It -t �T 'gr v v Nt IT ";r Nr 6% 69 69. 6% 6 69 60- Ul 69 63 ER Eta EA 69 69 64 64 v co co 0 co 64 64 V to (O r C) W r r N N I— M 'IT 0 I- r W (Y) r N W W W N N 00 N 0 f- r 0 W M r CD v r �r a Lo cm ca lqr o co ai r— Q m co LO a C) O m C0 0 (0 M d m co 0o u) LO I- m Y r Iq r LO pq) 0 IT N N r C) 1— M V r N N (.7 CO M C) r N C) a In r r C7 Q1 L V a) Q C Id In CL 0 a) V co i C c 2 Co d U Its C U CD ICS 3-0 O In (a C U C C 'O 7> U O 3 7= O N a) W O m (1) N C O c0 m F Q (]a In (n IY d Z� Y LL W U m Q 0 0 0 2 0 o 0 0 0 0 0 0 0 0 0 0 0 U0 U2000 c.)U oUUUU0 UU a) c� d 0 0 N Q) It !17 o� cc L ,mLo Lo U")L mLo I)U) Lo U')in U) U')M p a aooaaCDaao0 m co co CO 0 N 0 0 co m co 0 to O 0 1- E Y V N N N 0 CD 0 't d -t �qf4.4 wao V Co con Q o 0 0 Q o CO C) O r a a r a o 0 C) V CD ca V to (O r C) W r r N N I— M 'IT 0 I- r W (Y) r N W W W N N 00 N 0 f- r 0 W M r CD v r �r a Lo cm ca lqr o co ai r— Q m co LO a C) O m C0 0 (0 M d m co 0o u) LO I- m Y r Iq r LO pq) 0 IT N N r C) 1— M V r N N (.7 CO M C) r N C) a In r r C7 Q1 L V a) Q C Id In CL 0 a) V co i C c 2 Co d U Its C U CD ICS 3-0 O In (a C U C C 'O 7> U O 3 7= O N a) W O m (1) N C O c0 m F Q (]a In (n IY d Z� Y LL W U m Q 0 0 0 2 0 o 0 0 0 0 0 0 0 0 0 0 0 U0 U2000 c.)U oUUUU0 UU a) c� d 0 0 N Q) It !17 16584 Attachment A 2009 -2012 Agreement for the 2UU92M ;J 6 South County Area Transportation Board 5 Parties to Agreement City of Algona City of Renton City of Auburn City of SeaTac City of Black Diamond City of Tukwila City of Burien King County City of Covington Muckleshoot Tribe City of Des Moines Pierce County City of Enumclaw Pierce Transit City of Federal Way Port of Seattle City of Kent Puget Sound Regional Council City of Maple Valley Sound Transit City of Milton Transportation Improvement Board City of Normandy Park Washington State Department of Transportation City of Pacific Washington State Transportation Commission Transmittal date to participating members for approval: December 30, 2008 THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called "Algona the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND, hereafter called "Black Diamond the CITY OF BURIEN, hereafter called `Burien the CITY OF COVINGTON, hereafter called "Covington the CITY OF DES MOINES, hereafter called "Des Moines the CITY OF ENUMCLAW hereafter called "Enumclaw the CITY OF FEDERAL WAY, hereafter called "Federal Way the CITY OF KENT, hereafter called "Kent the CITY OF MAPLE VALLEY, hereafter called "Maple Valley CITY OF MILTON, hereafter called "Milton the CITY OF NORMANDY PARK, hereafter called "Normandy Park the CITY OF PACIFIC, hereafter called "Pacific the CITY OF RENTON, hereafter called "Renton the CITY OF SEATAC, hereafter called "SeaTac the CITY OF TUKWILA, hereafter called "Tukwila the MUCKLESHOOT TRIBE; KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County PIERCE COUNTY, a legal subdivision of the State of Washington, hereafter called "Pierce County; the PUGET SOUND REGIONAL COUNCIL, hereafter called the "PSRC the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, hereafter called "Sound Transit PIERCE TRANSIT; the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereafter called "WSDOT the WASHINGTON STATE TRANSPORTATION COMMISSION, hereafter called the "Transportation Commission the TRANSPORTATION IMPROVEMENT BOARD, hereafter called "TIB and the PORT OF SEATTLE. WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning and coordinated transportation plans benefit their citizens; and WHEREAS, the South County Area Transportation Board (SCATBd) has effectively served as the central forum for information sharing, consensus building, and coordination to develop recommendations for transportation policies, projects and programs for the South King Subarea; and 46 Attachment A WHEREAS, the King County Comprehensive Plan for Public Transportation Long Range Policy Framework, adopted in 1993, divided Metro service into three geographic subareas for the purpose of allocating new transit subsidy; and WHEREAS, the Six -Year Transit Development Plan, adopted in 1995, called for the three subarea transportation boards (the Eastside Transportation Partnership, South County Area Transportation Board, and SeaShore Transportation Forum) to review, refine, and recommend service priorities to the King County Executive; and WHEREAS, Sound Transit relies on the three subarea transportation boards to review and recommend Sound Transit plans and implementation of projects and services; and WHEREAS, the geographic subarea boundary area for the South King Subarea is the area represented on the attached map (Exhibit A); NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1.0 Purpose of Agreement The purpose of the Agreement is to provide for the continuation of the South County Area Transportation Board (SCATBd) as the South forum for local governments to share information, build consensus, and coordinate among jurisdictions and agencies with the goal of providing advice on plans, programs, policies and priorities for regional transportation decisions. 2.0 Role of Subarea Transportation Boards 1. The South County Area Transportation Board (SCATBd) is the forum established for the South subarea of King County for elected officials to provide advice into the following decisions: a. The King County Metro six -year transit development plan and implementation of transit service priorities. b. Sound Transit plans and implementation of projects and services. 2. The SCATBd may also provide input on other countywide and regional transportation issues. 3. The three subarea transportation boards shall hold at least one joint meeting annually to address issues of mutual interest and concern and promote regional decisions. 2 47 Attachment A 3.4 Voting and Non voting Members 3.1 The voting members of SCATBd and their voting_ rights shall be as follows: Voting Members Number of Reps. Voting Rights Sound Metro Transit` Regional Other" Transit Competition Algona 1 Yes Yes Yes f Yes Auburn 1 Yes Yes Yes Yes Black Diamond I f No Yes Yes Yes Burien 1 Yes Yes t Yes Yes Covington 1 No Yes Yes Yes Des Moines 1 Yes Yes Yes Yes Enumclaw 1 No Yes Yes Yes Federal Way 1 Yes Yes Yes Yes King County 3 Yes Yes Yes Yes Kent 1 Yes Yes Yes Yes Maple Valley 1 No Yes Yes Yes Milton 1 Yes Yes Yes Yes Muckleshoot Tribe I Yes Yes Yes Yes Normandy Park 1 Yes Yes Yes Yes Pacific 1 Yes Yes Yes Yes Renton 1 No Yes Yes* Yes SeaTac 1 Yes Yes Yes Yes Tukwila 1 Yes Yes Yes Yes Pierce County 1 No No No Yes 3.2 The non voting members of SCATBd shall be as follows: Non Voting Member Number of Representatives Sound Transit 1 PSRC 1 WSDOT 1 TIB 1 Pierce Transit 1 Port of Seattle 1 Washington State Transportation Commission 1 Private sector representation (if approved by SCATBd) 1 'Recommendations on Sound Transit capital and service plans and implementation Z Recommendations on Metro Transit service plans 3 Identification of projects for the regional competition, if prescribed by the process approved by the King County members of the Transportation Policy Board *projects in Renton south of the Cedar River) Other recommendations including: Recommendations to the PSRC on plans, policies and programs, such as input on alternatives, policies and criteria for the regional transportation plan; on studies and analyses conducted; on criteria; on funding policies; and on regional priorities. Recommendations to the State Legislature, committees and commissions established by the Legislature, such as input on proposed legislation; on recommendations from commissions; and on transportation budgets and priorities. Recommendations to WSDOT on projects, policies, programs, priorities and funding, such as input on alternatives, funding, and priorities for major corridors; on tolling; on transportation demand management; on Commute Trip Reduction; on active traffic management; and on state transportation plans. Recommendations to the State Transportation Commission, such as input on policies regarding tolling, preservation, capacity improvements and funding. Recommendations to the federal delegation on federal legislation, such as input on reauthorization; and on funding priorities. 3 48 Attachment A 3.3 A roll call vote shall be taken on recommendations from the subarea board regarding Sound Transit capital and service plans and implementation, Metro Transit service plans, and identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the Transportation Policy Board. The results shall be recorded by jurisdiction. 4.0 Representation and Conduct 4.1 The representation on the South County Area Transportation Board (SCATBd) shall be as follows: 1. Elected officials appointed for a one -year term from each of the participating counties and cities, in the number specified above. King County representation shall be a maximum of two Councilmembers and the King County Executive or his designee. 2. High level staff from WSDOT, Pierce Transit, the Port of Seattle and the PSRC; a South King subarea board member of Sound Transit; the Director of the TIB; and a representative designated by the Washington Transportation Commission. 3. A representative of a private sector group or groups as determined by SCATBd. 4.2 Each participating member shall appoint an alternate. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.3 On an annual basis, member jurisdictions shall inform the Lead Agency in writing of its representatives and alternates and provide the appropriate contact information for each. 4.4 The SCATBd will be responsible for overall program direction, approving Technical Advisory Committee recommendations and providing direction for input on transportation decisions. 4.5 The SCATBd may establish its own bylaws and rules of procedures and may modify these as appropriate. Such bylaws and rules shall be consistent with the provisions of this Agreement and modifications to such bylaws and rules will not alter this Agreement. 4.6 The SCATBd may establish subcommittees as it determines appropriate. 4.7 With a simple majority of voting members as shown in Section 3. 1, the SCATBd can adopt resolutions, authorize correspondence, request studies, or provide other advisory input to member jurisdictions or regional and state activities, including plans policies, programs, projects or legislative issues. 4.8 Any voting member may request that a minority statement be included in communications or otherwise distributed with the adopted majority position. 5.0 Chair and Vice Chair 5.1 The chair and vice chair of SCATBd shall be representatives of a member county or city located within the subarea's geographic boundaries. The chair and vice chair shall be elected by a majority of the voting representatives from jurisdictions within the subarea's geographic boundaries. 5.2 The chair and vice chair shall be nominated by a nominating committee established in November of each year and nominated in December of each year. F 49 Attachment A 5.3 The chair and vice chair shall serve a term of one year from February 1 through January 31 of the following year. 5.4 The chair and the vice chair shall conduct the SCATBd activities within adopted procedures and guidelines. The chair and vice chair are responsible for setting meeting agendas, ensuring fair opportunity for discussion, signing correspondence, and speaking on behalf of the SCATBd. 6.0 Technical Advisory Committee (TAC) 6.1 Each member jurisdiction or agency shall appoint at least one planning, public works and/or intergovernmental staff person to the Technical Advisory Committee (TAC). Private sector groups shall not participate in TAC activities. Each member jurisdiction and agency is expected to contribute such staff as is necessary to accomplish the work program adopted by the SCATBd. 6.2 The TAC shall provide technical assistance as requested by the SCATBd and shall advise the SCATBd and their respective members on emergent transportation issues, and be responsible for overall program development including drafting of the work program. The TAC shall also review consultant work and coordinate its activities with adjacent jurisdictions, including the other subarea transportation forums. 6.3 When appropriate, the TAC will make recommendations for consideration of the SCATBd. The TAC's recommendations shall be arrived at by consensus of a majority of the TAC members present. If the Technical Advisory Committee is unable to reach consensus on a particular issue, TAC members may present discussion questions or a dissenting opinion to the SCATBd for consideration. 7.0 Lead Agency 7.1 King County will be the lead agency for the purposes of receipt of funds, contract administration, and disbursement of funds associated with consultant contracts and study related expenses. King County shall appoint a staff member to serve as Project Manager for special projects. King County shall also provide general administrative and program support for the SCATBd. King County assumes wage and benefits cost of its staff performing Lead Agency responsibilities. 7.2 Lead Agency responsibilities include administrative and technical support for meetings and ongoing operations; collection, administration and distribution of dues; support to the chair and vice chair; preparation of correspondence and other materials; development and monitoring of work program; and coordination of consultant services or other special projects as directed by the SCATBd. 8.0 Annual Work Program The SCATBd may undertake activities consistent with its purposes and shall prepare an annual progress report and work program for the following year for submittal to its members. 5 m Attachment A 9.0 Financing and Cost Sharing Guidelines 9.1 Yearly Dues Each member city will contribute $100.00 annually per vote awarded to remain members in good standing. The designated Lead Agency shall not be required to pay yearly dues. This revenue shall be used for special events, including an annual joint meeting of the subarea transportation boards, public education, or other expenses authorized by the SCATBd. 9.2 The following guidelines shall generally apply: 1. Annual Review of Financing: The SCATBd shall determine by June 30 of each year whether an additional financial contribution will be requested of the SCATBd jurisdictions. 2. Voting Members: If additional financial contributions are determined to be necessary, costs shall be shared among member jurisdictions other than King County by a method as determined by action of the SCATBd. Unless agreed to otherwise, King County's share shall be limited to the costs of providing staff support. 3. Non voting Members: The member agencies shall not be expected to make a direct funding contribution. 4. Modification to Agreement Required: A modification to this agreement specifying cost sharing, purpose, scope of work and other details is required to obligate a member jurisdiction to funding participation. 10.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to all of the other parties at least thirty (3 0) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to SCATBd but shall make any contributions required to be paid to other parties under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. In the event a party withdraws, the remaining parties shall amend this Agreement as necessary to reflect changes in the named parties and cost and revenue allocations. In the event of withdrawal by. a party, this Agreement shall terminate as to that party but shall continue in effect with respect to the remaining parties. However, the termination of this Agreement with respect to one or more parties shall not affect any of the parties' rights or obligations, including any rights or obligations of a withdrawing party, that are expressly intended to survive termination. Each party's funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party's governing body of sufficient funds to support said obligations. Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw as provided herein. 11.0 Duration This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until all the tasks have been completed to the satisfaction of the SCATBd or until such time as the participating members choose to conclude the program for other reasons, but in no case shall the program extend beyond December 31, 2012, unless terminated earlier or extended in accordance with 0 RE Attachment A Section 11.0. If all parties desire to extend this Agreement beyond December 31, 2012, they shall execute a Statement of Extension. In no event shall the Agreement be extended beyond December 31, 2014. 12.0 Termination All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of Termination. Upon termination, no party shall be required to make any additional contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 14.0. 13.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Sections 11.0 or 12.0, any personal property other than cash shall remain with the Lead Agency. 14.0 Return of Funds At such time as this Agreement expires or is terminated in accordance with Sections 11.0 or 12.0, any unexpended and uncommitted funds shall be distributed proportionately to those parties to this Agreement at the time of termination based on each party's percentage share of the original contribution. 15.0 Filing This Agreement shall be filed with the King County Department of Records and Elections 16.0 Legal Relations 16.1 The parties shall comply with all applicable state and federal laws and regulations. 16.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 16.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party, its contractor, and/or employees, agents, and representatives in performing the first party's obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party's own employees. For this purpose, the parties, by mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51. In the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. VA 52 Attachment A 16.4 The provisions of this Section 16 shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party's withdrawal from this Agreement. 17.0 Entirety and Modifications 17.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. 17.2 This Agreement may be modified or extended only by written instrument signed by all the parties or extended only by written instrument signed by all the parties hereto. 18.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. 53 Attachment A IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer )r representative as of the date set forth below its signature. City of Algona City of Auburn City of Black Diamond B By: By: Date: Date: Date: City of Burien City of Covington r City of Des Moines B By: By: Date: Date: Date: City of Enumblcaw City of Federal Way City of Kent B By: By: Date: Date: Date: City of Maple Valley r City of Milton City of Normandy Park B B By: Date: Date: Date: City of Pacific City of Renton City of Sea Tac B B By: Date: Date: Date: City of Tukwila King County r Muckleshoot Tribe B B By: Date: Date: Date: r Pierce County Pierce Transit Port of Seattle B By: By: Date: Date: Date: Puget Sound Regional Council Sound Transit Transportation Improvement Board B By: By: Date: Date: Date: Washington State Department of r Washington State Transportation Transportation Commission B By: Date: Date: I 54 55 SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd) MEETING Tuesday, July 17, 2012 9:00 11:00 a.m. SeaTac City Hall 4800 South 188 Street SeaTac AGENDA 1. Open Meeting Action 9:00 a.m. Introductions Approve summaiy of June 19 SCATBd Meeting* 2. Reports, Communications and Citizen Requests to Reports, 9:10 a.m. Comment Discussion, Chair or Vice Chair Action o Report on Sub Committee Discussions on the SCATBd Agreement Participant Updates from, RTC and Other Regional Committees Citizen Comment SCATBd Dues Report 3 Review SCATBd Priorities and 2013 Legislative Report and 9:3t1 a.m. Agenda Discussion 4 Metro's 2011 -2021 Strategic Plan for Public Report and 9:50 a.m. Transportation and Service Guidelines, Chris O'Claire Discussion King County Metro 5. Metro's Alternative Service Delivery Plan Matt Report and 10:30 a.m. Hansen, King County Metro Discussion *Attachment to agenda