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Trans 2013-01-15 COMPLETE AGENDA PACKET
City of Tukwila Transportation Committee ®;. Kate Kruller, Chair Joe Duffie Dennis Robertson Distribution: K. Kruller J. Duffle K. Hougardy D. Robertson Mayor Haggerton D. Cline K. Matej B. Giberson F. I riarte R. Tischmak G. Labanara S. Kerslake Clerk File Copy 2 Extra e -mail pkt pdf to A. Le e -mail cover to: C. O'Flaherty, D. Almberg, B. Saxton, S. Norris, M. Hart AGENDA TUESDAY, JANUARY 15, 2013 Time: 5:00 PM Place: Conference Room #1 (6300 Building) Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a) 2013 Transportation Work Plan a) Information Only Pg. 1 b) 2013 Overlay and Repair Program - East Marginal Way S b) Forward to1/22/13 Regular Pg. 3 Consultant Selection and Agreement Consent Agenda c) Interurban Ave S (S 143rd St to Fort Dent Way) c) Forward to1/22/13 Regular Pg. 41 Consultant Agreement Consent Agenda d) Interurban Ave S (S 143rd St to Fort Dent Way) d) Forward to1/22/13 Regular Pg. 85 Grant Acceptance for Two Grants Consent Agenda e) Interlocal Contract for Cooperative Purchasing of Fleet e) Forward to1/22/13 Regular Pg. 101 Consent Agenda 3. SCATBd f) November 20, 2012 Meeting Summary f) Information Only Pg. 115 g) December 18, 2012 Meeting Agenda g) Information Only Pg. 121 h) December 18, 2012 Meeting Summary h) Information Only Pg. 122 i) January 15, 2013 Meeting Agenda i) Information Only Pg. 129 4. MISCELLANEOUS 5. ANNOUNCEMENTS Future Agendas: Next Scheduled Meeting: Tuesday, January 29, 2013 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206 - 433 -0179 for assistance. p TO: City of Tukwila Jim Haggerton, Mayor Department of Public Works Bob Giberson, P.E., Director Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Robin Tischmak, City Engineer DATE: January 11, 2013 SUBJECT: 2013 Transportation Work Plan ISSUE Discuss the list of 2013 funded transportation projects and anticipated items which may be brought forward to the Transportation Committee. DISCUSSION This is an opportunity for Public Works to inform Committee Members about the 2013 work program, anticipated schedules, and potential committee agenda items; as well as, to obtain direction from the committee regarding any preferences or requests for how agenda items are included and presented. Residential Streets 42nd Ave S — Phase III (Southcenter Blvd to S 160th St) — Continue /complete design; present periodic status updates and /or present any issues that may need Council input or direction. Safe Routes to Schools (Cascade and Thorndyke) — Approve contracts for design; award construction bid for Cascade View. Bridges Annual Bridge Inspections — Award contract(s) for inspections and repair project(s). Boeing Access Road Bridge Rehabilitation — Approve design contract. TUC Pedestrian Bridge — Finish design; submit grant applications. Arterial Streets Annual Overlay Repair Program — Award construction contract; approve 2014 design contract. Overlay & Repair - East Marginal Way S — Approve design contract; award construction contract ADA Improvements — Approve design contract; award construction contract. Tukwila Urban Center (Transit Center) — Award construction bid. Andover Park W (Tukwila Pkwy to Strander Blvd) — Award construction bid. Interurban Ave S (S 143 St to Ft Dent) — Approve contract for design; award construction contract. Traffic Impact Fee Intersection Improvement Projects (5) — Approve contracts for design. (1) Andover Park E/lndustry Dr (2) Andover Park E/Minkler Blvd (3) W Valley Hwy /S 156 St (4) S 133 St/Sr 599 (5) Macadam Rd/S 144 St TUC Access (Klickitat) — LID formation, Transportation Element of Comp Plan — Adopt Comprehensive Plan. Other Transportation Issues School Zone Issues SCATBd Agendas Traffic Impact Fees RECOMMENDATION Information only. W»PW Eng,OTHERRobin Tischmakh,InfoMemo2013 TC WorkProgram.doc Project Closeouts Southcenter Parkway Extension TUC Access (Klickitat) 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Robin Tischmak, City Engineer DATE: January 11, 2013 75J SUBJECT: 2013 Overlay and Repair Program — East Marginal Way S (S 81st PI to Norfolk St) Project No. 91210406 Consultant Selection and Agreement ISSUE Execute a contract with KPG, Inc. to provide design services for the East Marginal Way S (S 811 PI to Norfolk St) portion of the 2013 Overlay and Repair Program, . BACKGROUND In October 2012, KPG, Inc. was selected to provide design engineering services for the City's 2013 Overlay and Repair Program. The award of federal funding for the overlay of East Marginal Way S created the need to separate the federally funded project from the City funded street segments within the Capital Improvement Program (CIP). A contract with KPG was previously executed with funds included in the 2012 budget for the City funded portion of the 2013 Overlay Program. Since the design funds for the federally funded East Marginal Way S project are included in the 2013 budget and a federal contract form is required, a separate contract has been created with KPG to provide design services for East Marginal Way S. DISCUSSION KPG, Inc. has provided a contract, scope of work, and fee estimate to complete design of East Marginal Way S as part of the 2013 Overlay and Repair Program and advertise for construction bids. FINANCIAL IMPACT Contract Budget Design Contract & Budget $ 124.978.05 $ 125,000.00 RECOMMENDATION Council is being asked to approve the design contract with KPG, Inc. for the design of the Overlay and Repair of East Marginal Way S in the amount of $124,978.05 and consider this item on the Consent Agenda of the January 22, 2013 Regular Meeting. Attachments: Vicinity Map 2013 CIP, page 15 Contract, Scope of Work and Fee Estimate W IPW Eng PROJECTSIA- RW & RS ProjectslEMW Overlay & Repair (91210406ylnfo Memo Consult Select & Contractdocx 3 CITY TU Project Location LA City of Tukwila East Marginal Way South Pavement Resurfacing July 19, 2012 Vicinity Map 4 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Overlay and Repair - East Marginal Way S Project No 91210406 Construct pavement preparation and an asphalt overlay of Eas Marginal Way South betwee S0stPI DESCRIPTION: and S Norfolk Street, including new pavement markings. JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure. STATUS: New projec for 2013 2018 CIP. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Federal grant funding available through PSRC 2012 STP/CMAQ for $1,000,000. FINANCIAL (in $000's) EXPENSES Design Land(R8V) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Impact Fees City Oper. Revenue TOTAL SOURCES Through Estimated 2011 2012 2013 0 0 0 0 0 125 150 1,200 1,475 1,000 475 1,475 2014 0 0 0 2015 0 0 0 2016 0 0 0 2017 0 0 0 2018 0 0 0 BEYOND TOTAL Location 0 Project uom'oo10 Capital Improvement Program 15 0 0 0 125 0 150 1,200 1,475 0 1,000 0 0 475 1,475 5 Local Agency Standard Consultant Agreement ® Architectural /Engineering Agreement ® Personal Services Agreement Agreement Number Federal Aid Number Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method ❑ Actual Cost ❑ Actual Cost Not To Exceed ❑ Fixed Overhead Rate Fixed Fee $ ® Specific Rates Of Pay ® Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work OA Cons ul tant/Add ress/Telephone KPG 753 9th Avenue N Seattle, WA 98199 206.286.1640 Project Title And Work Description East Marginal Way Overlay Norfolk to 81st Place South Project design services and preparation of Bid Documents. DBE Participation ❑ Yes El No Federal ID Number or Social Security Number 91- 1477622 Do you require a 1099 for IRS? Completion Date ❑ Yes ® No December 31, 2013 Total Amount Authorized $ 124,978.05 Management Reserve Fund $ Maximum Amount Payable $ 124,978.05 Index of Exhibits (Check all that apply): ® ExhibitA -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 ® 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 between the Local Agency of and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 day of , Washington, hereinafter called the "AGENCY" , 6 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: 1 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. 11 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. 111 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. Rcuse 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 7 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 "0." 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 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 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 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "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 "1" 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 9 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 10 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 11 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 12 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 Agency DOT Form 140 -08g EF Revised 3/2008 Page 8 of 8 13 EXHIBIT A -1 City of Tukwila East Marginal Way Overlay Norfolk to 81st Place S Scope of Work January 7, 2013 PURPOSE: This project includes preparation of final Plans, Specifications and Estimates for approximately 6,600 linear feet of East Marginal Way between Norfolk Street S and the existing overlay joint south of 81st Place S. The project received funding from a PSRC Preservation Grant for construction in 2013. Work includes necessary base mapping, design, National Environmental Protection Agency (NEPA) environmental documentation, utility coordination, and WSDOT coordination for funding requirement compliance. SCOPE OF WORK: Task 1 Project Management 1.1 The estimated project duration is 4 months. The Consultant shall provide overall project management including: ♦ Project staff management and coordination ♦ Subconsultant management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring 1.2 Provide QA / QC reviews by senior staff of all major deliverables prior to submittal to the City. Task 2 Prepare Base Maps 2.1 The Consultant shall prepare project base maps based on available City aerial maps and field measurements for curbs, channelization, utility castings, loops, etc. 2.2 The Consultant will perform field reviews using a smart level to verify compliance or necessary documentation for ADA compliance. This information is required to City of Tukwila E. Marginal Way Overlay Page 1 of 3 KPG, Inc. January 7, 2013 14 verify and /or upgrade curb ramps to current ADA requirements in accordance with federal funding requirements. Task 3 100% Plans, Specifications, and Estimate The Consultant shall prepare Final Plans, Specifications and Estimates for advertisement and award by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be signed by a licensed professional engineer in the State of Washington. 3.1 The Consultant shall prepare 50% Plans and Estimate for City review and comment. 3.2 The Consultant shall incorporate City comments and prepare 90% Plans, Specifications, and Estimate for City review and comment. Specifications will be based on WSDOT /APWA standards and applicable LAG standards to meet funding agency requirements. 3.3 The Consultant shall incorporate comments and finalize bid documents. Bid documents will be uploaded to bxwa.com for advertisement. Fees for advertisement will be paid by the City. 3.4 The Consultant shall obtain traffic counts and heavy vehicle classifications at two (2) locations along the corridor for use in pavement analysis and design. Pavement analysis will be performed by GeoDesign under subcontract to the Consultant in accordance with the scope of work included in Attachment 1. 3.5 The Consultant shall provide bid period services to include responses to bidder inquiries, preparation of addenda, attendance at bid opening, preparation of bid tabulation, and recommendation to award or reject the apparent low bidder. The budget assumes a straight forward review process with the low bidder receiving the contract award. Task 4 Permitting and Agency Coordination 4.1 The Consultant shall distribute 50% and 90% to utility providers along the corridor for verification of their facilities and identification of any necessary upgrades or repairs prior to overlay. 4.2 The Consultant shall coordinate and provide graphic support for NEPA documentation. NEPA documentation will be performed by Widener and Associates under subcontract to the Consultant in accordance with the scope of City of Tukwila KPG, Inc. E. Marginal Way Overlay Page 2 of 3 January 7, 2013 15 work included in Attachment 2. 4.3 The Consultant shall coordinate with WSDOT to obtain authorization to advertise for bids. This work is anticipated to include submittal of NEPA documents, project specifications, and ADA compliance /Maximum Extent Feasible (MEF) documentation at curb ramps. No WSDOT Channelization Plan or signal approvals are anticipated. ADDITIONAL SERVICES: The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Assumptions: • Typically, only surface utilities requiring adjustment to grade will be shown. • Drainage & Water Quality Reports will not be required. • Environmental Documentation requirements will be in accordance with the scope of work included in Attachment 2. • No storm, sewer, water, or electrical upgrades are required beyond loop replacement and casting adjustments. • No right of way determination or acquisition is required. • No railroad permits are required. Deliverables • 50% review submittal with Plans and Estimate (5 copies) • 90% review submittal with Plans, Specifications, and Estimate (5 copies) • Routing of 50% and 90% Plans to utilities for review and comment. • Bid Documents and Engineer's Estimate for 2013 Overlay Program • 10 sets of Plans (11" X 17 ") and specifications for the Bid Documents. • Coordinate upload of Plans and Specifications to Builders Exchange. City of Tukwila KPG, Inc. E. Marginal Way Overlay Page 3 of 3 January 7, 2013 16 GEO DESIGN= December21, 2012 KPG, Inc. 753 9'" Avenue North Seattle, WA 98109 Attention: Mr. Nelson Davis, P.E. Proposal Pavement Engineering Services E. Marginal Way, Norfolk to 81" Tukwila, Washington GeoDesign Project: KPG -15 -01 INTRODUCTION GeoDesign, Inc. is pleased to submit this proposal for pavement engineering on approximately 6,600 lineal feet of East Marginal Way from South Norfolk Street to just south of South 81" Place. East Marginal Way is a principal arterial with between two to three lanes in each direction and a center turn lane. The road surface is asphalt concrete; however, based on information provided by Mr. Nelson Davis, we understand that the road structure includes sections of hot mix asphalt over base structures of aggregate, concrete, and brick. SCOPE OF SERVICES The project includes pavement testing and explorations to provide pavement rehabilitation recommendations. Rather than just completing corings at isolated locations along the roadway to explore pavement and underlying soil conditions we recommend completing a falling weight deflectometer (FWD) with ground penetrating radar (GPR) survey along the project alignment to support the design of the overlay and /or new pavements. FWD testing is non - destructive and provides accurate information regarding the structural capacity of the pavement and identifies underlying issues that can cause surface distress. Using FWD linked with global positioning system coordinates provides location- specific results and rehabilitation of the pavement based on variable conditions rather than on the conditions observed at limited boring locations. More importantly, FWD -based rehabilitation designs are based on in situ conditions measured at each test location rather than on a limited number of observations at the boring locations. FWD -based designs can also be tailored to fit urban geometric constraints using grind, inlay, and overlay construction methods. 10700 Meridian Avenue North, Suite 210 1 Seattle, WA 98133 1 206.838.9900 www.geodesigninc.com 17 Coupling a GPR survey with the FWD provides additional pavement thickness information between coring locations, which can identify variations in pavement thickness along the alignment that can impact overlay options. It also allows for reducing the number of coring locations and laboratory testing than those required for a typical coring -only study. We are providing two scopes of work for your consideration: one in which the field investigation is limited to just coring the roadway and completing borings to depths up to 4 feet below ground surface (BGS) and a second in which the field investigation includes both coring and the FWD survey. The costs are comparable; however, we believe the FWD survey will provide significantly more information and improve the identification of and selection of applicable overlay options. OPTION 1: CORING ONLY The field investigation for Option 1 is limited to coring and shallow subsurface exploration to a depth of 4 feet BGS. Rehabilitation recommendations will be based on conditions identified at the boring locations and the selection of subgrade and pavement support parameters based on experience, observation, and laboratory testing or a limited number of samples. The specific scope of work for Option 1 includes the following: • Complete a distress survey of the existing pavement, including logging the extent of cracking, rutting, and other distresses. • Complete a traffic control plan for the proposed work. • Provide traffic control during the explorations and FWD testing. • Explore subsurface conditions in the road right -of -way by completing up to 20 cores to depths of up to 4 feet BGS. • Maintain a detailed log of the explorations, and obtain samples of the pavement, base, and subgrade material encountered. • Obtain soil samples at select depths in the core /boring explorations. • Complete the following laboratory tests: • Moisture tests on up to 18 selected soil samples • Testing for Atterberg limits on up to three select soil samples • Testing on material passing the U.S. Standard No. 200 Sieve on three select soil samples • Resilient modulus testing on up to five samples • Evaluate rehabilitation overlay options based on subgrade conditions, soil borings, and traffic data. • Provide pavement structural designs for base repair and reconstruction sections. • Make recommendations regarding pavement areas to be rehabilitated by reconstruction. • Provide recommendations for materials and construction. • Provide a report summarizing our recommendations. OPTION 2: CORING WITH FWD SURVEY The second scope of work option will include an FWD survey with GPR as part of the field investigation. The FWD survey will allow for the development of rehabilitation options that are based on in situ conditions measured at each FWD test location rather than on a limited number of observations at the boring locations. Although cores will still be completed, the number of deep cores can be decreased and the amount of laboratory testing necessary will be decreased. The specific scope of work for Option 2 includes the following: GEO DESIGN= 2 KPG•15- 01:122112 18 • Complete a distress survey of the existing pavement, including logging the extent of cracking, rutting, and other distresses. • Complete a traffic control plan for the proposed work. • Provide traffic control during the explorations and FWD testing. • Provide FWD tests at 150 -foot intervals on each travel lane of the roadway for a total of approximately 220 test locations. • Explore subsurface conditions in the road right -of -way by completing up to 16 cores to depths of up to 4 feet BGS and up to 6 shallow cores to investigation the depth of cracks. • Maintain a detailed log of the explorations, and obtain samples of the pavement, base, and subgrade material encountered. • Obtain soil samples at select depths in the core /boring explorations. • Complete the following laboratory tests: • Moisture tests on up to 18 selected soil samples • Testing on material passing the U.S. Standard No. 200 Sieve on three select soil samples • Evaluate rehabilitation overlay options based on subgrade conditions, soil borings, and traffic data. • Provide pavement structural designs for base repair and reconstruction sections. • Make recommendations regarding pavement areas to be rehabilitated by reconstruction. • Provide recommendations for materials and construction. • Provide a report summarizing our recommendations. SCHEDULE We will schedule our work immediately. We will complete our explorations within five weeks of your authorization to proceed. Our draft report will be available two to three weeks after completing our explorations. Preliminary results can be provided as they are developed. FEE For the scope of services described, we will complete the work on a time and expense basis for a not to exceed fee that will be based on the option selected. We propose that our services be provided in accordance with our Schedule of Charges and General Conditions, which are attached to and part of this proposal. An approximate itemization of our expenditures for each option is provided below. OPTION 1: CORING ONLY GeoDesign Distress Survey and Field Investigation (20 cores) $4,900 Laboratory Testing 4,800 Pavement Analysis and Report Preparation 7,000 Project Management and Permitting 1.200 Subtotal $17,900 G E0 DESIGN 3 KPG -15- 01:122112 19 Subcontractor Services Drilling /Coring $6,000 Traffic Control 2,700 Utility Locate Services 700 Subtotal $9,400 Project Total $27,300 OPTION 2: CORING WITH FWD SURVEY GeoDesign Distress Survey, Coring, and FWD Survey $7,500 Laboratory Testing 1,280 Pavement Analysis and Report Preparation 7,000 Project Management and Permitting 1.200 Subtotal $16,980 Subcontractor Services Drilling /Coring $5,000 Traffic Control 3,400 Utility Locate Services 700 Subtotal $9,100 Project Total $26,080 Services requested in addition to the preceding scope of work will be billed on a time and expense basis in accordance with our attached Schedule of Charges. We will not proceed with an increased scope of work without your prior authorization. GEO DESIGN ♦♦♦ 4 KPG -15- 01:122112 20 We appreciate the opportunity to submit this proposal. Please give us a call if you have questions. Formal authorization for our services can be provided by returning one signed copy of this proposal. Sincerely, GeoDesign, Inc. Krey D. Younge Associate Engineer Kevin J. La r f , P.E. Principal Engineer KDY:K(IL'kt Attachment One copy submitted (via email only) Document ID: KPG- 15 -01- 122112- geop.docx © 2012 GeoDesign, Inc. All rights reserved. The scope of services and terms described herein are accepted, and GeoDesign, Inc. is authorized to proceed. by Organization Signature* Date by by Name Printed Title *Individual with contracting authority and responsible for payment of GeoDesign, Inc.'s fees. GEO DESIGNY. 5 KPC-15-01:122112 21 ele - e-f! ( 17 /d s.--I T Z SCOPE OF WORK Task 1- Data Collection Widener with assistance from the City will collect available documentation concerning the project activities and pertinent biological information. Biological information will include priority habitat and species data from the Washington State Department of Fish and Wildlife along with rare plant and high - quality ecosystem data from WDNR. The above data along with past permit actions in the project area will provide a basis for conducting an onsite habitat survey of the project and the adjoining seabed. All habitat areas will be mapped and documented in the project base map. Task 2 — APE/Exemption Letter This work would include the preparation of an APE/Exemption Letter in accordance with the LAG manual. The work will include the following subtasks. 1. Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the existence of archaeological sites and to refine the probability of archaeological resources and traditional cultural places in the project areas. 2. A field reconnaissance consisting of a visual survey will be conducted to identify previously recorded and/or unrecorded archaeological sites for the proposed project where ground- disturbing activities are expected to take place. An APE/Exemption letter will be prepared and submitted to WSDOT for approval. Rights -of -entry will be provided by the City. Deliverables 1. Electronic copies of a draft APE/Exemption Letter incorporating City comments. 2. Electronic final letter incorporating WSDOT comments will be provided to the City and WSDOT. Task 3 — Section 7 Endangered Species Act Compliance Documentation. A No Effect analysis will be prepared in accordance with WSDOT guidelines and incorporated into the ECS. The following subtasks will be undertaken in preparation of the form. 1. Conduct a field reconnaissance to investigate on -site habitat conditions. 2. Make telephone contact with the appropriate resource agency staff for input on species occurrence, habitat use, and potential project impacts. 3. Prepare documentation for a No Effect Determination incorporated into an ECS Deliverable Exhibit A Scope of Work for Environmental Services for EAST MARGIN WAY OVERLAY PROJECT City of Tukwila WIDENER & ASSOCIATES December 2012 1JPagc 22 SCOPE OF WORK 1. No effect analysis which will be attached to the ESC. Task 7 — ECS Services will be provided to prepare the Environmental Classification Summary (ECS) form by reviewing technical reports related to the project, applying project- specific data to the form and coordinating approval for the project by both WSDOT and FHWA. Deliverables 1. Electronic copies of the draft ECS will be provided. 2. Electronic copies of the final ECS documentation will be provided incorporating City comments. 3. Electronic copies of the final ECS documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Exhibit A Scope of Work for Environmental Services for EAST MARGIN WAY OVERLAY PROJECT City of Tukwila WIDENER & ASSOCIATES December 2012 2IPage 23 Exhibit D -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. 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. I . Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Costs." b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." DOT Form 140 -089 EF Exhibit D -3 Revised 3/09 24 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 25 HOUR AND FEE ESTIMATE EXHIBIT E -2 Project: City of Tukwila E. Marginal Way Overlay Norfolk to 81st Place S KPG • Architecture • Landscape Architecture • Civil Engineering • Task Description Labor Hour Estimate Total Fee Project Senior Project Design CAD Const Survey Senior Office Manager ' Engineer Engineer Engineer Technician Inspector Crew Admin Admin S 165.00 S 143.58 $ 114.85 $ 100.49 $ 83.65 $ 94.10 $ 139.01 S 100.49 $ 68,68 Fee Task 1 - Management/Coordination /Administration 1.1 Management and administration (estimate 4 months) 1.2 QA/QC reviews 0 0 4 4 0 Task Total 8 0 0 0 0 0 0 0 0 0 0 0 0 4 0 4 4 S 1,336.70 O S 1.234.33 4 $ 2,571.02 Task 2 - Prepare Base Maps 2.1 Pre - are Proect Base Mass - -- -- - - - -- - -- - 2.2 Supplemental survey for ADA compliance Task Total 0 0 0 4 8 10 18 40 0 40 60 30 90 0 0 0 O 40 0 O 40 0 0 $ 10,531.49 0 $ 9.218.41 O S 19,749.90 Task 3 - Prepare Bid Documents 3.1 Pre -¢re 50% Plans and Estimate 32 Prepare 90% Plans, Specifications, and Estimate 4 24 60 40 3.3 Finalize Bid Documents (32 sheets. 16 40 60 l 80 3.4 3.5 Coordinate Pavement A nal£ sis_ Bid Period Services Reimbursable - Mileae Reimbursable - Rep oduction Reimbursable - GeoDesign (Pavement Analysis) Task Total 4 12 40 40 40 0 0 0 4 4 0 0 0 0 4 S 20,547.21 19,461.51 15,441.47 937.52 3,111.56 S 350.00 S 1,000.00 S 26,080.00 2 40 S 86,929.26 0 16 S 0 16 $ 4 0 0 2 0 €S 8 0 0 0 4 $ 14 56 144 152 172 0 0 Task 4 - Permitting and Agency Coordination 4.1 Utility Coordination 4.2 Coordinate NEPA documentation 4.3 WSDOT Coordination Reimbursable - Mileage _ Reimbursable - Reproduction Reimbursable - Widener (NEPA documentation) Task Total 2 4 4 16 0 4 8 8 2 16 I 6 8 12 28 28 2 $ 3,778.10 2 $ 1,404.89 8 $ 4,514.88 $ 50.00 $ 200.00 $ 5,780.00 12 $ 15.727.87 Total Estimated Fee: $ 124,978.05 1/7/2013 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Geollesign— Pavement Testing and Analysis Widener &Associates NEPA Documentation DOT Form 140 -089 EF Exhibit G Revised 8/05 27 For: KPG - Nelson Davis Exhibit G -2 East Marginal Way Overlay Project City of Tukwila Cost Estimate From: Widener Associates 28 Project Manager Project Biologist Hours Hours Task 1- Data Collection DNR 0 4 WDFW 0 4 Site Visit/Survey 4 4 Task 2 - APE Exemption APE 4 8 Task 3 — Compliance Documentation for No Effect Documentation 2 6 Task 4 — ECS Draft 2 12 Final 2 6 Total hours 14 44 Summary Hours Rate Cost Project Manager 14 $140.00 $1,960.00 Project Biologist 44 $86.80 $3,819.20 Expense Total Labor $5,779.20 TOTAL ESTIMATED COST $5,779.20 28 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: I . Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliancc: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and /or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 8/05 29 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. 30 Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140 -089 EF Exhibit 1 Revised 8/05 31 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region DOT Form 140 -089 EF Exhibit J Revlsed 6/05 32 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 33 Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 0105 34 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associatcd with the additional work; • Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, paymcnt will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 35 I hereby certify that I am representative of the firm of KPG firm I here represent has: Exhibit M -1(a) Certification Of Consultant Project No. Local Agency and duly authorized whose address is and that neither I nor the above (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(a) Revised 8/05 36 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of dsf Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date DOT Form 140 -089 EF Exhibit M -1(b) Revised 8/05 Signature 37 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): KPG (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 8/05 38 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): KPG (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 39 Exhibit M -4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of are accurate, complete, and current as of * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm KPG Name sadfasd Title Date of Execution*** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. * ** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05 40 11111111r 1908 TO: ti y O City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Robin Tischmak, City Engineer DATE: January 11, 2013 SUBJECT: Interurban Avenue South — S 143rd St to Fort Dent Way Project No. 90310402 Consultant Agreement ISSUE Execute a contract with KPG, Inc. in the amount of $348,869.87 to finalize design for the Interurban Ave S (S 143rd St to Fort Dent Way) street improvement project. BACKGROUND Design for the proposed improvements on Interurban Ave S from S 143rd St to Fort Dent Way began in 2004. The design phase was the only phase that was funded at that time. The design was developed to approximately 90% completion and shelved until construction funding was obtained. Grant applications have been pursued since 2007 without success. In 2012, construction funding was finally obtained, so final completion of the design is necessary. The original contract with KPG, Inc. has expired and a new contract is necessary. DISCUSSION KPG has provided the attached contract, scope of work, and fee estimate to complete design of Interurban Ave S and advertise for construction bids. Additional budget is needed to re- design a portion of the storm drainage system (including water quality and detention) that is necessary due to private development and also to update the project to include new LED energy efficient street lights. Supplemental funding is proposed from the Interurban Right -of Way budget, the Surface Water fund and the Annual Traffic Signal Program. FINANCIAL IMPACT Contract Budget Design Contract $348,869.87 Interurban Ave — Design (CIP page 21) $250,000.00 Interurban Ave — ROW (CIP page 21) 38,869.87 Storm Water Quality Retrofit (CIP page 138) 30,000.00 Annual Traffic Signal Program (CIP page 16) 30,000.00 Totals $348,869.87 $348.869.87 RECOMMENDATION Council is being asked to approve the design contract with KPG, Inc. for the design of Interurban Ave S (S 143rd St to Fort Dent Way) in the amount of $348 „869.87 and consider this item on the Consent Agenda of the January 22, 2013 Regular Meeting. Attachments: 2013 CIP pages 21, 138, and 16 KPG Contract, Scope of Work and Fee Estimate W 113 EN PROJECTSIA• RW & RS Projects' &nterurban Ave S (90310402)U No Memo Consult Contract gl,docx CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Interurban Ave S (S 143 St - Fort Dent Way) Project No. 90310402 DESCRIPTION: Design and construct sidewalks, pavement restoration, drainage, and lighting. Pedestrian traffic is forced to walk in traveled way, lighting is substandard, drainage is poor and JUSTIFICATION: pavement failure is acceIeratng. Completed 90% of design in 2010. Federal STP construction grant submitted in 2012. City received STATUS: aPVVTF loan in2O12. dependent on State legislature in2O13. MAINT. IMPACT: Reduce annual pavement repairs and increase pedestriari safety. Federal Hwy STP Grant of $389,000 for design. State TIB grant of $5m, proposed Federal grant $3m, COMMENT: PVVTF of $2.5m and $55O.00in developer mitigation. FINANCIAL EXPENSES ( in $000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL Through Estimated Design Land (RAN) ConoLMgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant STP Mitigation PvvTFLnan City Oper. Revenue TOTAL SOURCES 464 464 250 150 400 1,300 9,400 10,700 0 0 0 0 714 150 1,300 9,400 11,564 389 75 464 0 0 400 0 400 5,000 3,050 550 2,100 0 10,700 0 0 0 0 0 0 0 0 0 5,389 3,050 550 2,500 75 11,564 Project Location ~kwIla"wY 2013 2018 Capita Improvement Program 21 42 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Storm Water Quality Retrofit Program Project No. 81241202 DESCRIPTION: Design and install water quality vaults at selected drainage locations throughout the City. JUSTIFICATION: NPDES permit requirements to improve water quality, New project for 2013 2O18C|P. Two candidates have been identified; water quality vaults (xx]V) STATUS: for 48tx Ave G and G122ndSt. MAINT. IMPACT: Expected to increase maintenance. COMMENT: Combine with other CIP projects for design and construction, where feasible. FINANCIAL Through Estimated (in $000's) EXPENSES Design Lond(R8N) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected Utility Revenue TOTAL SOURCES 2011 2012 2013 0 0 0 0 0 15 15 80 110 110 110 2014 2015 2016 2017 2018 15 15 80 110 110 110 15 15 80 110 110 110 15 15 80 110 110 110 15 15 80 110 110 110 15 15 80 110 110 110 BEYOND TOTAL 15 15 80 110 110 110 2013 2018 Capital Improvement Program 138 105 0 105 560 770 0 0 0 0 770 770 43 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Annual Traffic Signal Program Project No. 91210404 Design and construct traffic signal upgrades and repairs of signals that exceed routine maintenance work; DESCRIPTION: loop replacement, head replacement, and controllers. Replace direct bury cable for existing lighting system. City is adding traffic signals to inventory every year. New traffic control center will warrant an additional staff JUSTIFICATION: person to be fully operational. LEDs are uno40o5 year replacement cycle. Work includes adding additional signal heads, luminaires, loop STATUS: repairs, and coritroller upgrades. Reduces maintenance costs. Preventative maintenance nn every traffic signal is required 0nbecompleted MmmT IMPACT: quarterly. COMMENT: Ongoing project, only one year actuals shown in first column. Budget reduction in 2011 and 2012. FINANCIAL EXPENSES ( in $000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL Through Estimated Design Land (R/W) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Impact Fees City Oper. Revenue TOTAL SOURCES 50 50 50 50 150 150 100 100 105 105 115 115 115 115 120 120 120 120 O O � 925 925 50 50 50 50 150 150 100 100 105 105 115 115 115 115 120 120 120 120 2013 2018 Capita Improvement Program 16 925 925 44 Local Agency Standard Consultant Agreement Consultant/Address/Telephone KPG 753 9th Avenue North Seattle, WA 98109 206.286.1640 ►� Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description Interurban Avenue South Fort Dent Way to S 143rd Street Final Design Services and Bid Document Preparation. Federal Aid Number Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation % Overhead Cost Method ❑ Actual Cost ❑ Actual Cost Not To Exceed % ❑ Yes ►mil No Federal ID Number or Social Security Number 91- 1477622 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? ❑ Yes ■ No Completion Date December 31, 2013 Fixed Fee $ Total Amount Authorized $ Management Reserve Fund $ Maximum Amount Payable $ 348,869.87 ►� Specific Rates Of Pay ►I1 Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work 348,869.87 Index of Exhibits (Check all that apply): ® 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 Z Exhibit E -2 Fee - Specific Rates ❑ Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ❑ Exhibit G -1 Subconsultant Fee ® Exhibit G -2 Fee -Sub Specific Rates ❑ Exhibit G -3 Sub Overhead Cost ® Exhibit H Title VI Assurances Z Exhibit I Payment Upon Termination of Agreement Z Exhibit J Alleged Consultant Design Error Procedures Z Exhibit K Consultant Claim Procedures Z Exhibit L Liability Insurance Increase ® Exhibit M -1 a Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary Z Exhibit M -3 Lobbying Certification Z Exhibit M -4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this between the Local Agency of and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 day of , Washington, hereinafter called the "AGENCY" , 45 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 2of8 46 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 47 third party as a consequence of any act or omission on the part of the CONSULTANTS 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 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "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 48 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 49 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 50 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 51 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 Consultant DOT Form 140 -089 EF Revised 3/2008 By Agency Page 8 of 8 52 EXHIBIT A -1 City of Tukwila Interurban Avenue S Fort Dent Way to S 143rd Street Scope of Work January 8, 2013 PROJECT DESCRIPTION The Consultant shall prepare final Plans, Specifications and Estimates for Interurban Avenue S between Fort Dent Way and S 143rd Street. This project recently received state and federal grant funds from the Puget Sound Regional Council (PSRC) and Transportation Improvement Board (TIB). Interurban Avenue S Plans were completed to approximately the 90% design level in 2010; however, a number of design revisions are required in order to meet funding requirements and to coordinate with recent and planned utility upgrades and development along the corridor. These include: • Revised drainage design to match developer frontage and meet current code requirements. • Installation of LED illumination system to meet funding requirements. • Revised water system design in coordination with recent sewer system upgrades. The project also includes preparation of required environmental documentation and right of way acquisition in accordance with federal funding requirements. The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Tukwila Interurban Avenue 5 Page 1 of 3 KPG, Inc. January 8, 2013 53 SCOPE OF WORK TASK 1 — MANAGEMENT /COORDINATION /ADMINISTRATION 1.1 The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 8 months). • Hold project coordination meetings with the City to update progress and review submittals. Assume (4) meetings. • The Consultant shall provide monthly status reports and billings. 1.2 The Consultant shall provide independent QA/QC reviews by senior in -house staff of all deliverables prior to submittal to the City. TASK 2 — PREPARE FINAL PLANS, SPECIFICATIONS, AND ESTIMATES 2.1 The Consultant shall update project Plans and Technical Information Report (TIR)for 90% Review by the City. The Plans will be updated to incorporate design changes associated with recent development activity, recent sanitary sewer installations, changes in drainage policy, and to incorporate requirements of grant award. These changes include the following major revisions to the previous design: • Revise drainage design and TIR to incorporate recent developer improvements and incorporate required detention and treatment design. Filterra treatment units will be located to meet water quality treatment requirements for the project. This work is necessary to complete environmental documentation included in Task 2.3. • Revise water design to provide minimum clearance from new sanitary sewer. • Revise illumination design and layout to utilize LED technology. This is a requirement of the TIB grant funds. 2.2 The Consultant shall incorporate City comments and prepare final Plans and TIR for the proposed improvements for advertisement by the City. 2.3 The Consultant shall coordinate with the structural subconsultant CivilTech to finalize wall plans and specifications. 2.4 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for the 90% and Final Submittal. 2.5 The Consultant shall prepare the Contract Specification per 2012 WSDOT Standard Specifications. 2.6 The Consultant shall distribute 90% review submittals to franchise utility owners for utility relocations required by the franchise utilities within the Project limits. 2.7 The consultant shall assist the City with Project Advertisement and Award by uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation, and recommendation for award. City of Tukwila Interurban Avenue S Page 2 of 3 KPG, Inc. January 8, 2013 54 TASK 3 — ENVIRONMENTAL DOCUMENTATION 3.1 The Consultant shall coordinate with subconsultant Widener and Associates to perform environmental documentation that is required by the grant funding source. Environmental documentation will be performed with the scope of services in Attachment 1 to this scope of services. TASK 4 — RIGHT OF WAY ACQUISITION 4.1 The Consultant shall prepare right of way plans in accordance with federal funding requirements. Right of way plans will be updated to reflect Maule Avenue vacations and 90% design layout. 4.2 The Consultant shall prepare legal descriptions and exhibits for necessary right of way and easements. 4.3 The Consultant shall provide coordination and support for the right of way acquisition process. Acquisition services will be performed by Abeyta and Associates under subcontract to the consultant in accordance with the scope of work included in Appendix A. Assumptions • FHWA federal funding is anticipated for the Project construction. • Franchise utility relocation design and construction will be performed by the utility owners. • Undergrounding of aerial utilities is not anticipated. Deliverables • File copies of all environmental documents. • Copies of the final right of way file. • Copies of all utility correspondence. • 90% review submittal with Plans, Specifications, and Estimate (5 copies). • Final Plans, Specifications and Estimates (10 copies half size, 2 copies full size). • .pdf upload of Bid Documents to bxwa.com. City of Tukwila Interurban Avenue 5 Page 3 of 3 KPG, Inc. January 8, 2013 55 EXHIBIT A -1 ATTACHMENT 1 ENVIRONMENTAL Documentation AND PERMITTING Interurban Avenue Reconstruction The City of Tukwila is planning to reconstruct a section Interurban Avenue. This Scope of Work is intended to complete the NEPA documentation and federal permitting for the project. It is anticipated that the following environmental documentation will be required: • Section 106 Documentation • Biological Assessment • Environmental Justice • Hazmat Memo • Environmental Classification Summary • Hydraulic Project Approval • Shoreline Permit 106 Report (Cultural and Historic Resources) This work would include the preparation of the Section 106 report in accordance with the State Historic Preservation Office standards and guidelines. The work will include the following subtasks. 1. Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the existence of archaeological sites and to refine the probability of archaeological resources and traditional cultural places in the project areas. 2. Widener will maintain contact with the local tribes through WSDOT for any information on historic Indian use of the project area. 3. A systematic field reconnaissance will be conducted to identify previously recorded and /or unrecorded archaeological sites for the proposed project where ground- disturbing activities are expected to take place. Field reconnaissance will consist of the traverse of pedestrian transects at varying intervals, depending on terrain throughout the proposed project area. Shovel probes (digging a hole with a shovel) will be excavated, as deep as feasible, and in areas expected to have a high probability for cultural resources. Shovel probes will be augmented through auger probes to explore the deepest possible deposits. Shovel probes will be screened in highly probable areas and in soil matrixes too dense to identify small chipping debris. 4. All new sites will be mapped, photographed, and recorded on Washington State Archeological Inventory forms and submitted to the state Office of Archeological and Historic Preservation (OAHP) for Smithsonian numbers. Every effort will be made to include Tribal cultural resources personnel in assisting the field effort. Rights -of -entry will be provided by the City. 56 EXHIBIT A -1 ATTACHMENT 1 Biological Assessment A Biological Assessment (BA) will be prepared for the preferred alternative in accordance with WSDOT guidelines. The following subtasks will be undertaken in preparation of the project BA. 1. Collect available documentation concerning the project activities and pertinent biological information. Biological information will include priority habitat and species data from the Washington State Department of Fish and Wildlife along with rare plant and high - quality ecosystem data from WDNR. This information will be reviewed and a consultation strategy will be developed. 2. Initiate informal consultation with United States Fish and Wildlife Service (USFWS) and National Oceanographic and Atmospheric Administration (NOAA) Fisheries by preparing written requests for lists of endangered, threatened, proposed, and candidate species. 3. Conduct a field reconnaissance to investigate on -site habitat conditions. 4. Make telephone contact with the appropriate resource agency staff for input on species occurrence, habitat use, and potential project impacts. 5. Prepare a draft BA addressing listed species, proposed species, candidate species, species of concern, and critical habitat. The BA will include a project description, a list of species, a description of the species and their habitat, an analysis of project effects, and mitigation recommendations. 6. Provide the draft BA to the City for review and approval. 7. Revise the BA, as appropriate, and submit the final BA to USFWS and NOAA Fisheries for their review, possible negotiation of mitigation measures, and concurrence. 8. Concurrent with Endangered Species Act (ESA) consultation, the Consultant will coordinate with NOAA Fisheries to meet Essential Fish Habitat (EFH) requirements under the Magnuson- Stevens Fishery Conservation and Management Act (MSA), as amended 1996. In doing so, the Consultant will provide NOAA Fisheries with the BA and a cover letter requesting the initiation of consultation, stating the effect determination(s), reasoning behind them, and proposed mitigation measures if any. 9. If NOAA Fisheries responds with advisory EFH conservation recommendations, the Consultant will coordinate with the City and FHWA to jointly discuss the recommendations. 10. Formally address and respond to NOAA Fisheries' recommendations within the regulated time frame. Deliverables 1. Three copies of a draft BA for review by City with accompanying draft special provisions if required. 57 EXHIBIT A -1 ATTACHMENT 1 2. Three copies of a draft BA, incorporating the City's comments, for submittal to FHWA/WSDOT. 3. Three copies of a revised draft BA, incorporating comments by FHWA/WSDOT, for submittal to NOAA Fisheries and USFWS. 4. Three copies of a final BA that incorporates NOAA Fisheries and USFWS comments. Environmental Justice Survey Services required to complete an Environmental Justice (EJ) analysis includes the following main components: 1. Collecting demographic data for the project area using local data sources and the US Census Data. 2. Identifying any environmental justice populations in the area (minority or low - income populations). 3. Review public outreach activities to ensure potential EJ populations are offered an opportunity to participate in project planning and decision - making. 4. Identifying any potential disproportionate effects to EJ populations from project activities and identifying how impacts could not be avoided or minimized and what mitigation measures could be implemented. Deliverables 1. Three copies of the draft EJ documentation will be provided. 2. Three copies of the final EJ documentation will be provided incorporating City comments. 3. Three copies of the final EJ documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Hazardous Materials Memo A Hazardous Materials Memo will be prepared to evaluate the presence, or likely presence, of potential hazardous substances within the physical limits of the project that would have an effect on the overcrossing project. Sites with potential for environmental issues /impacts include those that indicate current or past uses as service stations, battery shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel or chemical storage tanks or drums present; or those with strong pungent or noxious odors. The scope of services for this study will include 1. A review of the results of a federal, state, and local environmental database search provided by an outside environmental data service for listings of known or suspected environmental problems at the sites or nearby properties within the search distances specified by WSDOT. 58 EXHIBIT A -1 ATTACHMENT 1 2. A review of historical aerial photographs, fire insurance maps, city directories, chain -of -title reports, and tax assessor records, as available and appropriate, to identify past development history on the parcels relative to the possible use, generation, storage, release, or disposal of hazardous substances. An attempt to identify uses of the sites from the present to the time that records show no apparent development of the site, or to 1940, whichever is earlier. 3. Conduct of a visual reconnaissance of the parcels and adjacent properties to identify visible evidence of potential sources of contamination. . 4. A letter report that will summarize the results of this study. The letter report will briefly discuss the project activities and include a table ranking the parcels (low, moderate, high) by their potential for contamination from either on -site or off - site sources. A draft letter report will be provided for review and comment. Upon receiving comments, the letter will be modified as appropriate and made final. Deliverables 1. Three copies of the draft Hazmat Memo will be provided. 2. Three copies of the Hazmat Memo will be provided incorporating City comments. 3. Three copies of the final Hazmat Memo will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Environmental Classification Summary Services will be provided to prepare the Environmental Classification Summary (ECS) form by reviewing technical reports related to the project, applying project- specific data to the form and coordinating approval for the project by both WSDOT and FHWA. Deliverables 1. Three copies of the draft ECS will be provided. 2. Three copies of the final ECS documentation will be provided incorporating City comments. 3. Three copies of the final ECS documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. 59 EXHIBIT A -1 ATTACHMENT 1 Permits Widener will assemble and organize all necessary environmental permit applications to a standard acceptable by the permitting agencies. Anticipated permits include the following: 1. Shoreline Permit 2. HPA Permit Permit applications shall include all requested information, such as application forms, all necessary permit drawings, an attachment describing project location, project purpose and need, alternatives considered, and a summary of project impacts. The Consultant Widener shall also provide a draft transmittal letter for submittal of the application by the CITY. Draft applications, including supporting information, shall be submitted to the CITY for review and comment. Revised permit applications shall be provided to the CITY for signature and submittal to permitting agencies. The Consultant shall perform the necessary coordination to obtain the permits. Project Schedule: It is anticipated the NEPA approval will be obtained by March 1 th of 2013 and the necessary permits will be completed May 1St of 2013 60 EXHIBIT A -1 ATTACHMENT 2 STATEMENT OF WORK EXECUTIVE SUMMARY This proposal is prepared for KPG to provide turnkey right -of -way acquisition services for the proposed street improvement project titled Interurban Ave South Street Improvements. These services will be furnished in accordance to the state and federal laws, the FHWA regulations, the Local Agency Guidelines Manual, and the Washington State Right of Way Manual (M26 -01). The overall right -of -way acquisition objectives are: 1. As Agent for the City of Tukwila, negotiate for right -of -way strips in fee and temporary property rights. 2. As Agent for the City of Tukwila, determine property values for each parcel requiring fee or permanent easement rights 3. As Agent for the City of Tukwila, assist the City of Tukwila with the acquisition process, certification, and preparation of forms. A specific list of Performance Objectives is outlined in the following paragraphs. CURRENT SITUATION The City of Tukwila is proposing to widen Interurban Ave South. The properties involved in this proposal include those properties situated adjacent to the road. A cursory search identifies 28 parcels in the project area and the owners are identified in Exhibit A. SPECIFIC OBJECTIVES The key objectives for this project include: 1. Inspect and prepare a Preliminary Survey Report for each parcel; 2. Identify fee interest ownership for each parcel; 3. Prepare and setup acquisition files for each parcel; 4. Prepare or obtain 5 administrative offer summaries and 4 appraisals and review appraisal reports; 5. Prepare WSDOT approved acquisition forms needed to obtain property rights. This proposal does not include condemnation forms; 6. Negotiate and assist in obtaining signatures from all parties in fee title: (28) Parcels; 3 attempts for each parcel; 7. Prepare justification reports for administrative settlements — (3) Parcels; 8. Maintain diaries for each parcel — 28 parcels; 9. Assist in obtaining clear title of property and /or property rights, which the City of Tukwila determines to be reasonable or will adversely impact the rights being acquired — (9) parcels; 10. Assist in delivering funds to the property owners — (9) parcels; and 11. Deliver completed files to the City of Tukwila — (28) parcels. PROJECT SCOPE EXCLUSIONS 1. Those services related to obtaining releases of encumbrances from title, which require legal action; 2. The actual filing of condemnation and subsequent litigation; 3. Certain closing costs such as transfer taxes, title reports, recording fees, penalty costs for pre - payments cost of a pre- existing mortgage, partial reconveyance fees, the pro rate share of real property taxes paid subsequent to vesting title to the City; 4. Relocation Services; 5. Continuing negotiations for those parcels listed for condemnation; 6. Appraisal and review for condemnation purposes and for additional reports; and 7. Legal descriptions. 61 EXHIBIT "A" 1. 1332500000 2. 3597000461 3. 3597000420 4. 3597000446 5. 3597000445 6. 3597000447 7. 3597000440 8. 3597000022 9. 3597000021 10. 359700023 11. 3365901365 12. 3365901370 13. 3365901390 14. 3365901395 15. 3365901400 16. 3365901405 17. 3365901415 18. 3365901420 19. 3365901425 20. 2954900420 21. 0003200009 22. 3597000006 23. 0003200006 24. 3365901630 25. 3365901605 26. 3365901570 27. 002800013 28. 0002800007 Canyon Estates Condos Maple Crest Apartments MVM Partners Bogovich, Mele Bogovich, Mele Bogovich, Mele Kim, Jae U QWEST Corp (Century Link ?) Hillcrest Tukwila LLC Teamsters Building Assoc Teamsters Building Assoc Two Brothers LLC Red House Properties LLC Metro Land Development Inc Metro Land Development Inc Metro Land Development Inc Segale Properties LLC Maschmedt, Anthony & Abbey Baum, Pamela J Bain & Wells Schneider, Lyle D Schneider, Lyle D Krussel, Robert H & Arlene C Sanft, Louie AOS Sanft, Louie Sanft, Louie Magellan Creek Partners LLC Knudson, Jerry 62 Exhibit D -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. 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. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Costs." b. The billing for Direct Non - Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." DOT Form 140 -089 EF Exhibit D -3 Revised 3/09 63 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 64 HOUR AND FEE ESTIMATE Project: City of Tukwila Interurban Avenue S - Fort Dent Way to S 143rd Street EXHIBIT E -2 KPG • Architecture • Landscape Architecture • Civil Engineering • Task Description Labor Hour Estimate Total Fee Project Manager $ 165.00 Senior Engineer $ 143.58 Project Engineer $ 114.85 Design Engineer $ 100.49 CAD Technician $ 83.65 Const Inspector $ 94.10 Survey Crew $ 139.01 Senior Admin $ 100.49 Office Admin $ 58.11 Fee Task1 - Menagement/coordination /administration 1.1 Management and administration (estimate 6 months) 16 0 0 0 0 0 0 6 16 $ 4,172.69 1.2 QA/QC reviews 16 16 0 0 0 0 0 0 0 $ 4,937.30 Reimbursable expenses - see breakdown for details 4 8 12 0 8 0 0 2 0 $ 100.00 Task Totals 32 16 0 0 0 0 0 6 16 $ 9,209.99 Task 2 - Prepare Final Plans, Specifications, and Estimate 2.1 Prepare 90% Plans and Draft TIR 16 100 160 200 240 0 0 0 16 $ 76,477.29 2.2 Prepare Final Plans and TIR 20 80 120 180 200 0 0 0 20 $ 64,548.35 2.3 Structural coordination 4 8 12 0 8 0 0 2 0 $ 4,057.04 2.4 Project Cost Estimates 4 8 12 12 10 0 0 0 0 $ 5,229.22 2.5 Project Specifications 8 24 40 24 0 0 0 0 8 $ 12,236.69 2.6 Utility Coordination 4 16 40 16 24 0 0 0 8 $ 11,631.64 2.7 Bid Period Support 4 4 16 8 8 0 0 0 8 $ 5,009.94 Reimbursable expenses - see breakdown for details $ 30,700.00 Task Total 60 240 400 440 490 0 0 2 60 $ 209,890.16 Task 3 - Environmental Documentation 3.1 Environmental coordination and support Reimbursable expenses - see breakdown for details Task Total 4 0 24 0 24 0 0 2 8 4 0 24 0 24 0 0 2 8 $ 6,089.84 $ 54,150.00 $ 60,239.84 Task 4 - Right of Wav Acquisition 4.1 Prepare Right of Way Plans 2 8 40 24 40 0 8 0 0 $ 12,942.46 4.2 Prepare Legal Descriptions and Exhibits 0 8 40 16 20 0 0 0 8 $ 9,488.40 4.3 Right of way coordination and support 4 24 40 0 20 0 0 2 8 $ 11,038.86 Reimbursable expenses - see breakdown for details $ 96,300.00 Task Total 6 40 120 40 80 0 8 2 16 $ 129,76932 Total Estimated Fee: $ 348,869.87 1/7/2013 HOUR AND FEE ESTIMATE EXHIBIT E -2 Project: City of Tukwila Interurban Avenue S - Fort Dent Way to S 143rd Street PG • Architecture • Landscape Architecture • Civil Engineering • Reimbursable Breakdown Cost Task1 - Management/coordination /administration Mileage $ 50.00 Reproduction $ 50.00 Task 1 - Total $ 100.00 Task 2 - Prepare Final Plans, Specifications, and Estimate Structural Support - CivilTech $ 23,000.00 Geotechnical Allowance - Landau Associates $ 6,000.00 Mileage $ 200.00 Reproduction $ 1,500.00 Task 3 - Total $ 30,700.00 Task 3 - Environmental Documentation Environmental Documents - Widener & Associates $ 54,000.00 Mileage $ 50.00 Reproduction $ 100.00 Task 3 - Total $ 54,150.00 Task 4 - Right of Way Acquisition Right of Way - Abeyta & Associates $ 96,000.00 Mileage $ 100.00 Reproduction $ 200.00 Task 4 - Total $ 96,300.00 Total Reimbursable Costs: $ 181,250.00 1/7/2013 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Widener Sr Associates - Fnvironmental Documentation Abeyta & Associates - Right of Way Services rivilTech - Structural Engineering Services • 11. G 1 • - - -. - 11 • DOT Form 140 -089 EF Exhibit G Revised 6/05 67 Exhibit G -2 Environmental Cost Estimate City of Tukwila 68 A lineluNJdll Rye Iue c D E 1 Project Manager Project Biologist 2 Hours Hours 3 4 Biological Assessment 5 Draft 24 100 6 Final 12 24 7 WSDOT Review 4 8 8 9 Section 106 report 10 APE Coordination 8 8 11 Draft 4 8 12 Final 4 8 13 14 Environmental Justice 15 Draft Report 8 24 16 Final Report 4 12 17 18 Environmental Classification Summary (ECS) 19 Draft 4 12 20 Revise Draft 2 4 21 Final/WSDOT Approval 4 4 22 23 Hazmat Memo 24 Draft 16 40 25 Final 4 16 26 27 Permits 28 HPA Application Draft 12 24 29 HPA Application Final 8 12 30 Shoreline Permit Draft 16 16 31 Shoreline Permit Final 8 4 32 33 Total hours 142 324 34 35 Summary Hours Rate Cost 36 Project Manager 142 $140.00 $19,880.00 37 Project Biologist 324 $86.80 $28,123.20 38 39 Total Labor $48,003.20 40 41 Cultural Resources Report $5,500 42 43 TOTAL ESTIMATED COST $53,503.20 44 45 46 47 48 49 68 Prepard for: KPG, Inc ty «i /3 /r Proposal Interurban Ave South Street Improvement Project PM /Sr. SR Item 1: Project Administration Prop Mgt Admin Acq Agent Acq Agent Acq Agent Title REO Escrow Total 0 Coord w /City of Tukwila & KPG 0 0 20 0 0 752 84 Pre - Offer /File Setup 0.00 20 Certification Assistance - 0 0 8 0$ 75,200.00 119 Negotiations - 28 Parcels 8 Clerical - 275 Clearing Title - 0 Contract Admin - 5 98 Condemn Support - 5 Administrative Offer Summaries /PFE 50 0 Data /file maintenance & delivery 50 Progress Reporting - 10 79 Hours: Direct Labor $: 0 10 Project Funding Estimate 0 0 n/a 0 0 655 0.00 0 Coord w /Subconsultants - 4 $ 65,500.00 4 Hours: Direct Labor $: 0 0 97 0 0 0 0 0 97 0.00 9,700.00 0.00 $ 9,700.00 Item 2: Right- of -Wav Acquisition Title & App Rev- 0 0 84 0 0 0 0 0 752 84 Pre - Offer /File Setup 0.00 75,200.00 119 0 0 0 0$ 75,200.00 119 Negotiations - 28 Parcels 275 275 Clearing Title - 98 98 Condemn Support - n/a 0 Data /file maintenance & delivery 79 79 Hours: Direct Labor $: 0 0 655 0 0 0 0 0 655 0.00 65,500.00 0.00 $ 65,500.00 Direct Labor Totals: Hours: 0 0 752 0 0 0 0 0 752 Dollars: 0 0.00 75,200.00 0.00 0 0 0 0$ 75,200.00 Per Parcel Breakdown: 19 ROE Acquisitions 4 - Fee Takes w /Appraisals 5 - Fee Takes and /or Easement w /AOS Reports 1 - PFE Abeyta Associates 11/13/2012 Direct Salary Cost: $ 75,200.00 Direct Labor Rate: Audited Overhead Rate: Profit: Composite Multiplier: n/a n/a n/a *Total Labor Fee: $ 75,200.00 Expenses: Review Appraisals (4) $ 4,000.00 Appraisals (4) $ 13,600.00 Mileage /Travel $ 2,023.00 Reprographic, Copy, & Printing $ 250.00 Couriex Overnight Postage $ 300.00 Subtotal: $ 20,173.00 *TOTAL $ 95,373.00 Pagel 15(f/ /j,i- 4 -Z PROJECT FEE ESTIMATE KPG City of Tukwila - Interurban Avenue Roadway Widening Structural Engineering Services CIVILTECH WORK DESCRIPTION PERSONNEL AND HOURLY RATES Total Hours Direct Salary Cost OH 152.36% FF 10.00% DSC + OH All Inclusive Hourly Rate PM Prj Eng Eng Geo CADD Prj Ast $51.00 $39.10 $33.25 TASK 100- BIOLOGICAL ASSESSMENT SUPPORT 12 0 0 12 9612.00 9932.44 $154.44 91,698.89 Site Visit 3 3 $153.00 Technical Support 6 6 $306.00 Review Biological Assessment Report 3 3 $153.00 TASK 210 - 90% SUBMITTAL (UPDATE SET, 12/2812012) 13 96 36 145 95,613.60 98,552.88 91,416.65 $15,583.13 Design Supervision & QC 13 13 $663.00 Engineering Design Luminaire -to- Soldier Pile Connection 16 16 $625.60 Re- design Selected Soldier Pile to Support Luminare 8 8 $312.80 General Review of Design Calculations & Other Design Updates 16 16 $625.60 Drawings Update Wall Plan & Profile 3.e., OHWM, Ex & new Grnd lines, & others) 8 8 16 $578.80 Add Soldier Pile Schedule 4 8 12 $422.40 Add Luminaire -to- Soldier Pile Connection Details 8 8 16 $578.80 General Review of Drawings & Other Drawing Updates 16 12 28 $1,024.60 Update Cost Estimate 8 8 $312.80 Update Special Provisions 8 8 $312.80 Assemble Calculaion Booklet 4 4 $156.40 TASK 220 -.100% SUBMITTAL (FINAL SET, 21112013) 4 28 8 40 $1,564.80 $2,384.13 $394.89 $4,343.82 Design Supervision & QC 4 4 $204.00 Respond to Comment Worksheet 8 8 $312.80 Update Drawings per Comments 16 8 24 $891.60 Update Special Provisions, Estimate, & Calc Booklet per Comments 4 4 $156.40 TASK 230.- BID SET SUBMITTAL (2128/2013) 2 6 3 11 9436.35 9664.82 5110.12 51,211.29 Design Supervision & QC 1 1 $51.00 Finalize Plans, Special Provisions, Calculations & Estimate per Comments 4 2 6 $222.90 Sign Plans, Special Provisions, & Calculations 1 2 1 4 $162.45 DIRECT EXPENSES 533.30 Total Labor 31 130 0 0 47 0 208 $8,226.75 $12,534.28 $2,076.10 $22,870.43 Direct Expenses Reproduction $0 Mileage @ $0.555/mi. (2 trip @ 30 miles) $33.30 Parking (0 trip @ $18) $0 Fed /Ex / Courier $0 Total $33.30 12/4/2012 Cost Estimate Summary Direct Salary Cost (DSC) $8,226.75 Overhead @ 152.36% x DSC $12,534.28 Fixed Fee @ 10% x (DSC + OH) $2,076.10 Direct Expenses $33.30 Grand Total $22,870.43 Interurban Ave Widening Fee Estimate (2012.12.04).xlsx 70 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub- contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and /or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 71 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. 72 Exhibit 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140 -089 EF Exhibit 1 Revised 6/05 73 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • DOT Form 140 -089 EF Exhibit J Revised 6/05 It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region 74 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 75 Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140 -089 EF Exhibit K Revised 6/05 76 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; Agency's summation of hours by classification for each firm that should be included in the claim; Any correspondence that directed the consultant to perform the additional work; Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 77 Exhibit L (To Be Used Only If Insurance Requirements Are Increased) The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self - insurance through an irrevocable Letter of Credit from a qualified financial institution. Self - insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. DOT Form 140 -089 EF Exhibit L Revised 6/05 78 I hereby certify that I am representative of the firm of Exhibit M -1(a) Certification Of Consultant KPG firm I here represent has: Project No. Local Agency and duly authorized whose address is and that neither I nor the above (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (c) Date Signature DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 79 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 80 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions L The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause or default. IL Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): KPG (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 81 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Finn): KPG (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 82 Exhibit M -4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of are accurate, complete, and current as of * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm KPG Name Title Date of Execution*** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). Insert the day, month, and year when price negotiations were concluded and price agreement was reached. ** * ** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140 -089 EF Exhibit M -4 Revised 6/05 83 84 d a TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Robin Tischmak, City Engineer DATE: January 11, 2013 SUBJECT: Interurban Ave S — S 143rd St to Fort Dent Way Project No. 90310402 Grant Acceptance for Two Grants ISSUE Accept a PSRC's federal grant in the amount of $2,145,954.00 and a Transportation Improvement Board (TIB) grant in the amount of $5,000,000.00 to construct street improvements on Interurban Ave S from S 143rd St to Fort Dent Way. BACKGROUND In 2012 City staff was authorized to submit grant funding applications for both federal and state (TIB) funds. The grant application for federal funds did not receive an award in the initial review process, but the project was placed on a contingency list. Additional federal funds became available late in 2012 and this project was awarded a portion of the City's original grant request. The grant application for state (TIB) funds was fully funded at the requested amount of $5,000,000. DISCUSSION & FINANCIAL IMPACT Following is a summary of the requested grant amounts as compared to the actual grant award amounts. The federal grant has funding at 86.5% with a 13.5% required City match and the state TIB grant will provide a 45% match for the construction phase of the project. A Public Works Trust Fund loan has been tentatively approved for $2,500,000.00 that will be used for the City's match. With a federal grant below the requested amount, the City match may have to be increased depending on the final construction bid amount. Amount Amount Funding Source Requested Awarded Federal STP Funds $ 5,000,000.00 $ 2,145,954.00 Transportation Improvement Board 5,000,000.00 5,000,000.00 Total $10,000,000.00 $ 7,145,954.00 RECOMMENDATION Council is being asked to accept two (2) grants for the Interurban Avenue South roadway improvement project; a Federal STP grant in the amount of $2,145,954.00 and a state TIB grant in the amount of $5,000,000, and consider these items on the Consent Agenda at the January 22„ 2013 Regular Meeting. Attachments: 2013 CIP, page 21 Grant Award Notification E-mail (Federal) Grant Award Notification Letter (TIB) 'W.' -;PW Eng PROJECTS A- RW & RS Projects Interurban Ave S (90310402) Grant Acceptance tnfoMemo 1-9-13 doc 85 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Interurban Ave S (S 143 St - Fort Dent Way) Project No. 90310402 DESCRIPTION: Design and construct sidewalks, pavement restoration, drainage, and lighting. Pedestrian traffic is forced to walk in traveled way, lighting is substandard, drainage is poor and JUSTIFICATION: pavement failure is accelerating. Completed 90% of design in 2010. Federal STP construction grant submitted in 2012. City received STATUS: a PWTF loan in 2012, deperiderit on State Iegislature in 2013. MAINT. IMPACT: Reduce arinual pavement repairs and increase pedestrian safety, Federal Hwy STP Grant of $389,000 for design, State TIB grant of $5m, proposed Federal grant $3m, COMMENT: PVVTFof$2.5m and $55O.OUUin developer mitigation. FINANCIAL in $000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES ( Through Estimated Design Lond(R8m) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant STP Mitigation PVVTF Loan City Oper. Revenue TOTAL SOURCES 464 464 0 250 150 400 1,300 9,400 10,700 0 0 0 0 0 714 150 1,300 9,400 11,564 389 75 464 0 0 400 0 400 5,000 3,050 550 2,100 0 10,700 0 0 0 0 0 0 0 0 0 5,389 3,050 550 2,500 75 11,564 2013 - 2018 Capital Improvement Program 21 86 Robin Tischmak From: Tracy Murray <TMurray @psrc.org> Sent: Tuesday, December 04, 2012 2:41 PM To: 'pdewey @uw.edu'; 'dorinda.costa @seattle.gov'; 'owen.carter @snoco.org'; Robin Tischmak; 'rcasteel @co.kitsap.wa.us'; ' marwan .salloum @cityoffederalway.com'; 'icabrera @kirklandwa.gov'; 'njensen @ci.lake - forest- park.wa.us'; ' dmarcinko @ci.snoqualmie.wa.us'; 'wolf.c @portseattle.org'; 'burke.d @portseattle.org'; 'pwiech @ci.pacific.wa.us'; 'mdorsey @cityofportorchard.us'; 'aarcher @cityofportorchard.us'; 'wendyc @kitsaptransit.com'; 'gcioc @co.kitsap.wa.us'; jturner @cityoftacoma.org'; 'dgermer @co.pierce.wa.us'; 'dwinkler @cityoflakewood.us'; 'tlee @piercetransit.org'; 'bhunter @piercetransit.org'; 'overbym @soundtransit.org'; lisa.wolterink @soundtransit.org'; 'bmannelly @portoftacoma.com'; jecklund @cityofup.com'; jecklund @cityofup.com'; 'mbethune @cityoforting.org'; jgardner @monroewa.gov'; 'sheikaz @wsdot.wa.gov'; 'hauss @ci.edmonds.wa.us'; 'sics @ci.snohomish.wa.us'; 'matthew.ojala @snoco.org'; 'john.resha @kingcounty.gov'; ' peter.heffernan @kingcounty.gov'; 'overbym @soundtransit.org' Cc: Jeff Storrar; Chris Peak; Kelly McGourty Subject: PSRC 2012 Contingency Funds - Next Steps and Schedule Attachments: Projects Recommended for 2012 PSRC Contingency Funding.pdf Good afternoon, We are getting in touch with project sponsors that were recently awarded PSRC's 2012 contingency funds. As you may know, these projects and PSRC funds must to be adopted into the regional the Transportation Improvement Program (TIP) before they can be accessed. The schedule for this is as follows: • December 14th 2012 — Project sponsor TIP applications due to PSRC • January 24th 2013 —PSRC Executive Board approval • Mid - February 2013 —state approval and incorporation into the STIP (funds can then be accessed) At this time, we are asking that all project sponsors complete the appropriate TIP application(s) and submit these to PSRC no later than Friday, December 14th 2012, if you've not already done so. We'd also like to remind you that PSRC's new web -based TIP application form is now available. You are encouraged to use it, as it will become the main application form for TIP submittals in the near future. This, along with directions for submitting applications, can be found at: http: / / psrc.org/ transportation /tip /applications. Please feel free to contact Jeff Storrar at jstorrar @psrc.org or 206 - 587 -4817, or Chris Peak at cpeak @psrc.org or 206- 363 -7536 , if you have any questions. Thank you TRACY MURRAY PUGET SOLIND REGIONAL COUNCIL 1011 WESTERN AVE, SUITE 500 - SEATTLE, WA 98104 (206) 971 -3277 - TMLIRRAY @PSRC.ORG 87 PROJECTS RECOMMENDED FOR 2012 PSRC CONTINGENCY FUNDING FHWA ATTACHMENT A Regional Project Evaluation Committee Recommendation Sponsor Title Description Funding Source Amount Phase University of Washington / Puget Sound Clean Air Agency UW Burke Gilman Trail Improvement Project (Rainier Vista to 15th Ave NE) Construction of a .3 mile portion of the total UW Burke Gilman Trail Improvement Project, from Rainier Vista to 15th Ave NE. The trail will double in width to approximately 24' and pedestrians and bicycles will be separated except at major intersections. Also included in the project is a bike parking facility at the T -Wing Overpass and a bicycle bridge parallel to the existing pedestrian bridge at the entrance to Lewis Lane. CMAQ $3,022,205 Construction Seattle First Hill Streetcar Broadway Extension (Denny Way - Roy St) The project extends the First Hill Streetcar line, improves speed, reliability and capacity of transit connections between Capitol Hill, First Hill, Yesler Terrace, the Chinatown International District and Pioneer Square. CMAQ $900,000 Final Design and Engineering Snohomish County 52nd Ave W: Lynnwood City Limits to 148th St SW Widen approx. 1.11 miles of 52nd Avenue W to a three -lane arterial, including 12' travel lanes, a continuous 12' left tum lane, 5' bike lanes, curbs and gutters, and bus pullouts. STP $5,500,000 Construction Tukwila Interurban Ave S (S 143rd St to Fort Dent Way) This project will construct new urban roadway amenities to support multi -modal transportation with a focus on adding /enhancing non - motorized and transit related components. The improvements will include reconstructing the roadway pavement section, new curbs, gutters, separated sidewalks, landscaping, illumination, center medians, storm drainage facilities, bus pullouts, traffic signal interconnect, access controls and consolidated driveways. STP $2,145,954 Construction Kitsap County Bucklin Hill Estuary Enhancement and Bridge Construction Project Widen the existing Bucklin Hill Road Bridge from its current constricted 2 lane configuration to a 4/5 lane configuration including sidewalks and bike lanes and remove 2 culverts that restrict the estuary flow of Clear Creek. Additionally, the project will construct a new pedestrian and trail crossing and improve an existing one from the Old Mill Park to the Clear Creek Trail entrance adjacent to the bridge with pedestrian activitated controls. STP $1,000,000 Construction Subtotal: $12,568,159 King Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Federal Way Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) This project is the last segment of more than 11 miles of improvements on the Pacific Highway South / Interurban Blvd. corridor from Federal Way to Tukwila. The project scope includes reconstructing portions of and widening Pacific Highway South (SR 99), providing HOV lanes, transit shelters, provisions for transit signal priority, curb, gutter and sidewalk on both sides, medians, landscaping, new and modified signal systems, channelization, and other improvements. STP $2,639,331 Preliminary Engineering and Right of Way Kirkland Kirkland ITS Phase II: Totem Lake Regional Urban Growth Center This project incorporates ITS initiatives recommended in the Kirkland ITS Strategic Plan for implementation in the Totem Lake Growth Center. Specific ITS elements included are signal equipment upgrades such as controllers, cabinets, CCTV, detection systems, and fiber optic communication at 27 traffic signals. CMAQ $2,201,141 Preliminary Engineering and Construction Lake Forest Park NE 178th Street Roadway Improvements Phase 2 (Brookside Blvd. NE to 33rd Ave NE) Installation of sidewalks, curb & gutter, roadway resurfacing and widening, storm drain system on both sides and a bicycle lane on one side of NE 178th St. between Brookside Blvd. NE and 33rd Ave. NE. Sidewalk will also be installed on one side of 35th Ave. NE from NE 178th St. to the school playground. STP $101,000 Preliminary Engineering Snoqualmie Kimball Creek Box Culverts The project will replace two structurally deficient bridge crossings on SE Meadowbrook Way with fish passage stream simulation concrete box culverts. STP $195,000 Preliminary Engineering Port of Seattle Terminal 18 Truck Access Improvements The project will reconfigure the southem end of the Port of Seattle's Terminal 18 to relocate the security check and Optical Character Recognition equipment to move the truck queue generated by the security check out of the public right of way and onto Port property. Other project components include fence, light standard and fire hydrant relocation as well as minor demolition and pavement activities. STP $968,066 Construction Pacific West Valley Highway Reconstruction (County Line Rd. to 1st Ave. West) The project consists of widening of this two -lane facility to three lanes (two general purpose lanes and a two -way left turn lane), reconstructing roadway to sub -base, providing pedestrian facilities, and providing stormwater facilities. STP $157,010 Preliminary Engineering Subtotal: $6,261,548 1Kitsap Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Port Orchard Bay St Pedestrian Pathway Purchase Right -of -Way and /or Easements for the Bay Street Pedestrian Pathway Project as needed for the construction of a 1 mile multi -use pathway along the Port Orchard shoreline. STP $340,000 Right of Way Kitsap Transit McWilliams P & R KT operates McWilliams /SR303 park 'n ride with express service to the Bremerton Ferry Terminal. These funds will be used to repave, extend its useful life, and preserve the existing facility before more expensive replacement is necessary. STP $150,000 Construction Kitsap County Division Ave. / Suquamish Way Intersection i nis runaing wiii ortset some or the local County funds contributed to this project; it is already federally funded. The project improves the intersection at Division Ave & Suquamish Way, including a new signal, realignment of Division, crosswalks, and left turn lanes. It is the 5th of 6 phases of improvements; this phase will finish the sidewalk crossing over Suquamish Way, allowing students and residents access to the Tribal Center, grocery store, and residences south of Suquamish Way. STP $40,462 Construction Construction Subtotal: $530,462 Pierce Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Tacoma Historic Water Ditch Trail This project will complete preliminary engineering for the final segments of the Historic Water Ditch Trail. The project will close a two mile gap in the trail by constructing a trail /bicycle facility and a 6' wide pedestrian sidewalk in existing City owned right of way. CMAQ $500,000 Preliminary Engineering Pierce County Countywide and 1 -5 Corridor Transportation Demand Management The project will continue to refine countywide TDM efforts. Coordination will occur with Thurston County and cities in Pierce County on CTR strategies such as rideshare marketing and incentives to commuters along the 1 -5 corridor. A "JBLM TDM Strategic Implementation Plan" for trip reduction will be developed and near -term strategies implemented. Programs to decrease drive - alone trips to the University of Washington - Tacoma campus will also be developed. CMAQ $100,000 Other Lakewood Lakewood Traffic Signal Upgrade, ITS Phase IV This project provides infrastructure needed to continue implementation of Lakewood's traffic signal management system /intelligent transportation project including the expansion of transit signal priority and video surveillance on key corridors within the city. CMAQ $100,000 Construction Pierce Transit Vanpool Vehicle Replacement* Funds toward replacement of aging vanpool fleet. CMAQ $208,775 Equipment Sound Transit Tacoma Link Expansion* Expansion of the existing Tacoma Link light rail line. These funds will complete preliminary engineering and NEPA environmental work needed to extend the current system. STP $272,281 Preliminary Engineering Port of Tacoma Port of Tacoma Road Rehabilitation Remove all surface pavements on the Port of Tacoma Road between E. 11th St. to south of Marshall Way. Replace the pavement section with 10 inches of cement concrete consistent with City of Tacoma Pavement Design Standards for Heavy Haul Industrial Corridors, and install sidewalk where missing. STP $429,040 Design University Place Bridgeport Way Phase 3B This project will provide curb, gutters, planter strips, 6' sidewalks, 5' bicycle lanes, street lights, and median islands. Asphalt overlay will be provided between 54th and 57th streets, and the storm system will be replaced /modified as necessary. Additional improvements include transit shelters and amenities, signal interconnect and intersection improvements. STP $250,000 Construction University Place S. 56th St. and Cirque Drive Corridor Improvements This project will improve the S. 56th /Cirque Dr. corridor with pavement overlays, new sidewalks and curb ramps, bicycle lanes, stormwater treatment, pedestrian crossings /islands, tum lane restrictions, landscaping, lighting, traffic signal interconnects, transit priority, transit station upgrades and pedestrian signals. STP $578,500 Preliminary Engineering Orting Washington Avenue Two -Way Left Turn Lane Improvements This project will construct a new 2 -way left tum lane on Washington Avenue (SR 162) for a distance of 550 linear feet, alleviating backups due to left tum movements. STP $147,000 Design * these are new projects not previously on the approved contingency list, and will be released for public comment Subtotal: $2,585,596 Snohomish Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Monroe Chain Lake Road, Phase 1 The project will connect residential subdivisions lying north of Monroe with the Monroe business district via a shared use pedestrian /bicycle path. Currently this section of Chain Lake Rd is a 2 -lane road with no shoulder and no pedestrian or bicycle faciltiies. This project will provide a 10' shared -use path from an existing 10' path near Country Crescent to Brown Road, a total length of 3500'. CMAQ $131,480 Right of Way WSDOT SR 99 NB /Gibson Rd to Airport Rd - Pedestrian Connectivity This project will construct missing sidewalk segments meeting ADA standards along the east side of NB SR 99 between the vicinity of Gibson Road to the vicinity of Airport Road. CMAQ $484,000 Preliminary Engineering / Right of Way Edmonds Sunset Avenue Overlook Trail This project will provide 2,000' of waterfront trail on the west side of Sunset Ave. from Bell St. to Caspers St. This will complete a missing link from Main St. to 3rd Ave. S. CMAQ $159,000 Preliminary Engineering Snohomish 2nd Street and Lincoln Ave. Intersection Project This project will construct a new traffic signal and related channelization, traffic calming and pedestrian improvements at a key location with respect to minor arterial traffic, walking, biking and transit. STP $620,375 Construction Snohomish County Seattle Hill Road, 35th to 132nd The project will include two 12' travel lanes, a continuous 12' center left tum lane, 5' bike lanes and 5' sidewalks on both sides of the roadway. Curbs, gutters and enclosed stomia drainage will be included for the length of the project, stormwater treatment for flow control and water quality will be improved to comply with current standards and curb ramps and sidewalks will be upgraded per ADA requirements. STP $878,569 Right of Way Other Subtotal: $2,273,424 Replace 4 fixed route coaches providing service to the Central Puget Sound region. FTA Transportation Operators Committee Recommendation Sponsor Title Description Funding Source Amount Phase Intercity Transit Vanpool Van Replacement Replace 30 vanpool vans in service to the Central Puget Sound region. Eamed Share $624,000 Equipment Intercity Transit Capital Preventive Maintenance - 2012 and 2013 Provide routine fixed route coach annual Capital Preventive Maintenance, based on the proportion of revenue miles within the Central Puget Sound region. Eamed Share $806,696 Other Intercity Transit Replace Fixed Route Coaches Replace 4 fixed route coaches providing service to the Central Puget Sound region. Eamed Share $332,695 Equipment King County Ferry District Seattle Central Waterfront Regional Passenger- Only Ferry Terminal PE, initial design and NEPA toward construction of a new regional passenger -only ferry terminal on the central downtown Seattle waterfront, including vessel boarding slips, ticket vending facilities, sheltered passenger waiting and queuing areas, customer information systems, wayfinding signage, and other rider amenities. Additionally, this project will include the assessment of a location and design for an interim facility if this is necessary. Eamed Share $1,240,978 Preliminary Engineering King County Metro Trolley Bus Replacement King County Metro's electric trolley bus fleet is nearing the end of its useful life and needs to be replaced. This project will assist in acquiring replacement trolley buses that will operate on the existing 70 miles of overhead wire infrastructure that services five regionally designated growth centers and twelve locally identified centers. These funds will be put towards the purchase of approximately 155 trolley buses. Eamed Share $2,443,433 Equipment Sound Transit East Link Light Rail Extension* East Link light rail connects Seattle- Mercer Island - Bellevue- Overlake /Redmond (approx. 14.5 miles). The East Link project includes 10 new "East Link" intermodal stations, including over 2,000 P &R stalls and approx. 700 bicycle parking spaces. FTA Regional $588,050 Preliminary Engineering / Final Design Subtotal: $6,035,852 * Since FTA funds are awarded by federal fiscal year, the first priority for the regional contingency list is to advance projects awarded funds in a later year. Sound Transits East Link project is recommended to receive the available $588,050 of 2012 funds, thereby freeing up an equal amount of 2013 funds. This results in a cascading effect, as demonstrated below: Sponsor Title Description Original Award Federal Fiscal Year Extend high capacity transit south from the S. 200th St. Station in SeaTac to the existing Federal Way Transit Center. The goal of this project is to complete NEPA from South 200th St. to Federal Way, including a Final EIS and Record of Decision from FTA, and preliminary engineernig from S. 200th St. to Kent/Des Moines. This work is needed to prepare the next segment of light rail in South King County for final design and construction, with Sound Transit South Corridor Transit Expansion Project anticipated revenue operations in 2023. $1,000,000 _ _ _ 2014 _ _ Due to 2013 & 2014 funds being "freed up" from the 2012 contingency process: $1,000,000 2014 $588,050 2013 New Total Award: $1,588,050 TOTAL 2012 FHWA AND FTA CONTINGENCY FUNDING RECOMMENDATIONS: $30,255,041 Washington State Transportation Improvement Board TIB Members Mayor James Irish, Chair City of La Center Commissioner Mike Wilson, Vice Chair Grays Harbor County Jim Albert Office of Financial Management Councilmember Jeanne Burbldge City of Federal Way Todd Coleman, P.E. Port of Vancouver Councilmember Sam Crawford Whafcom County Kathleen Davis WSDOT Mark Freiberger, P.E. City of Sedro- Woolley Secretary Paula Hammond, P.E. WSDOT Councilmember R.E. Bob Olson City of Kennewick Commissioner Greg Partch Whitman County Laura Philpot City of Sammamish Heidi Stamm HS Public Affairs Harold Taniguchi King County Metro Transit John Vodopich City of Bonney Lake Jay Weber County Road Administration Board Ralph Wessels, P.E. Bicycle Alliance of Washington Clay White Snohomish County Stevan E. Gorcester Executive Director P.O. Box 40901 Olympia, WA 98504 -0901 Phone: 360 -586 -1140 Fax: 360 -586 -1165 www.tib wa.gov November 16, 2012 Mr. Bob Giberson, P.E. Public Works Director City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 -2544 Dear Mr. Giberson: RECEIVE NOV 2 9 2012 TUKWILA PUBLIC WORKS Congratulations! We are pleased to announce the selection of your project, Interurban Avenue S, S 143rd Street to Fort Dent Way, TIB project number 8 -1- 116(010) -1. Total TIB funds for this project are $5,000,000. Before any work is allowed on this project, you must: • Verify the information on the Project Funding Status Form, revise if necessary, and sign; • Submit the section of your adopted Six Year Transportation Improvement Plan listing this project; • Sign both copies of the Fuel Tax Grant Distribution Agreement; • Return the above items to TIB; • You may only incur reimburseable expenses after you receive approval from TIB. In accordance with RCW 47.26.84, you must certify full funding by November 16, 2013 or the grant may be terminated. Grants may also be rescinded due to unreasonable project delay as described in WAC 479 -05 -211. If you have questions, please contact Greg Armstrong, TIB Project Engineer, at (360) 586 -1142 or e-mail GregA(a�TlB.wa.gov. Sincerely, Stevan Gorcester Executive Director Enclosures Investing in your local community 94 0Washington State Transportation Improvement Board Fuel Tax Grant Agreement City of Tukwila 8 -1- 116(010) -1 Interurban Avenue S S 143rd Street to Fort Dent Way STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Tukwila AGREEMENT 8- 1- 116(010) -1 THIS GRANT AGREEMENT (hereinafter "Agreement ") for the Interurban Avenue S, S 143rd Street to Fort Dent Way (hereinafter "Project ") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB ") and City of Tukwila, a political subdivision of the State of Washington (hereinafter "RECIPIENT "). 1.0 PURPOSE TIB hereby grants funds in the amount of $5,000,000 for the project specified above, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page 1 of 5 November 2012 95 Washington State Transportation Improvement Board 8 -1- 116(010) -1 Fuel Tax Grant Agreement amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON - COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non - compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non - compliance, which should include either a detailed plan to correct the non - compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non - compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Fuel Tax Agreement Page 2 of 5 November 2012 96 Washington State Transportation Improvement Board 8- 1- 116(010) -1 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non - compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and /or take such action as may be directed by TIB. b) In the event of default and /or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479 -05 -202 and /or WAC 479 -01 -060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and /or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 97 Washington State Transportation Improvement Board 8- 1- 116(010) -1 Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non - binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 November 2012 98 Washington State Transportation Improvement Board 8 -1- 116(010)4 Fuel Tax Grant Agreement 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Signature of Chairman /Mayor Date Executive Director Date Print Name Print Name Fuel Tax Agreement Page 5 of 5 November 2012 99 100 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Pat Brodin, Operations Manager DATE: January 11, 2013 SUBJECT: Interlocal Contract for Cooperative Purchasing of Fleet ISSUE An interlocal contract for cooperative purchasing with the Houston - Galveston Area Council (H -GAC) to make vehicle and equipment purchases. BACKGROUND The City of Tukwila currently has a local agency contract with the Washington State Purchasing Cooperative. The State Bid Contract continues to be beneficial for buying equipment and supplies that have already been competitively bid through the State. Another purchasing cooperative is available to local governments called the Houston - Galveston Area Council. The H -GAC is also a competitively bid purchasing agent and has fleet equipment that is currently not available on the Washington State Bid List. There is no cost to be a member of the H -GAC cooperative. DISCUSSION Within the approved 2013 budget, Public Works has two pieces of equipment to purchase which are on the H -GAC program listing. The two units are the Street's sweeper and Sewer's TV Van. Purchasing these two vehicles through the H -GAC cooperative saves procurement time while allowing agencies a means to purchase at competitive pricing. FISCAL IMPACT None. RECOMMENDATION Council is being asked to approve this interlocal contract for cooperative purchasing with the Houston - Galveston Area Council (H -GAC) and consider this item on the Consent Agenda of the January 22, 2013 Regular Meeting. Attachments: 2013 -2014 Budget, page 331 Equipment Purchases Information on the HGACBuy Program Interlocal Contract W:\Shared Copy Only\PatInfo Memo HGAC Intedocal,docx 101 2013-2014 Biennial Budge City of Tukwi!a, Washington CURRENT UNIT Scheduled Replacements POLICE: (A) 1) Patrol Car 2) Patrol Car 3) Patrol Car, Crime Prev 4) Patrol Car 5) Patrol Car, Traffic 6) Motorcycle 7) Detective Adrnin Sedan 8) Jail Transport Van 9) DARE Vehicle FIRE: 10) Command Car, BC (B) 11) Pumper 12) Pumper STREET: 13) S`°rcpc, 14) Bucket Truck (B) 15) 3/4-Ton Pickup SEWER / SURFACE WATER: 16) TV Van WA TER: 17) 3/4-Ton Pickup 18) Variable Message Board a^nKS: 19) 1/4-Ton Pickup GOLF: 20) Utility Cart 21) Utility Cart 24 Utility, Gam, 23) Mower, Greens 24) Mower, Greens Triplex 25) Mower, Trim 26) Core Harvester Bill LD/x/GMAINTENANCE: 27} Cargo Van 28) Cargo Van EQUIPMENT RENTAL: 29) Vehicle Diagnostic Systeni Public Works — Equipment Rental NEW u" REPLACEMENT PURCHASES zNzm3-z014 UNIT No. 1720 $ 1723 1127 1724 1103 1072 1151 1221 1209 1281 1352 New PURCHASE YEAR 2013 2014 63,000 63,000 63,000 86,000 700,000 700,000 1464 220,000 1278 1256 1254 180,000 1287 30'000 1426 1255 19'500 63,000 63,000 35,000 30,000 160,000 45,000 160,000 28,000 uhmmcu Replacement Year Replacement Unit 2019 Patrol Car 2018 Patrol Car 2024 Patrol Car, Crime Prev 2018 Patrol Car 2025 Patrol Car, Traffic 2025 Motorcycle 2024 Detective Admin Sedan 2034 Jail Transport Van 2024 DARE Vehicle 2023 2038 2038 2023 2024 2024 Command Car, BC Pumper Pumper Sweeper Bucket Truck 3/4-Ton Pickup 2033 TV Van 2028 3/4-Ton Pickup 15,300 2029 Variable Message Board 2031 1/4-Ton Pickup 1061 6,812 2023 Utility Cart 1067 6,812 2023 Utility Cart 1069 5,000 2024 Utility, Gator 1656 34'782 2035 Mower, Greens 6604 34'081 2021 Mower, Greens Triplex 1633 27,000 2024 Mower, Trim 6003 7,000 2021 Core Harvester 1249 22,000 1248 2028 Cargo Van 22,000 2029 Cargo Van 9600 5,300 2019 Vehicle Diagnostic System Total by year $ 699,681 7 Grand Total $ 2,894,587 $ 2,194,906 (ij Positions were added to the Police Department later in the budget process for the Crime Prevention Reduction and Chronic Nuisance initiatives. Funding is available to purchase police vehicles for these positions, but they have not been reflected in the 501 Fund's New 8.zReplacement Purchases. Lines 10 aiid 14 were budgeted for replacement in 2012, hut not purchased. Page Mal HGACBuy Program Information Page 1 of 5 Types of Participating End Users: • ivlunicipalities, Cities, Counties and State Agencies Councils of Goverturient SChOOk, SCh001 Districts, Colleges, Universities SI Hospitals and Hospital Districts o Emergency .Medical Services and Services Districts El! Volunteer NOT Depainrients and Rural Fire Prevention Districts La Special Law Enforcement Jurisdictions • Judicial Courts & Districts tu Emergency Comihunications Districts la Utility Districts (MUDS, WCIDs, Irrigation, etc,) Special Districts Authorities (Airport, Port, River, Water, Ton Road, etc,) a State Agencies Not-for-Profit Corporations [501(e)(3)] providing government functions and services, (Special requirements apply, See Program Info/Executing an Interlocal Contract with HGACBuy) The Texas Interlineal. Cooperation Act Most States On the United States have either interlocal Cooperation or Joint Powers authority to allow local governments in those states to join and participate in programs like IMACBuy. Click on Authorizing Statutes on the HGACBuy web site to see what cooperative purchasing statutes exist in each state to allow for participation in IIGACBuy. In 1971, the Texas Legislature passed the Interlocal Cooperation Act [Texas Government Code, Title 7, Chapter -791] to promote activities among local governments across Texas. Any local government or non profit providing government services may contract or agree with one or more local governments under the terms of this Act to conduct purchasing and other administrative functions. The f011owing excerpt from the A.ct states that_ "The Interlocal Cooperation Act's purpose is to improve the efficiency and effectiveness of local governments by authorizing the fullest possible range of inter-governmental contracting authority at the local level including contracts between all political subdivisions of the state and agencies of the state, Legal At Governmental entities join HG.A.C.Buy by execution of an interlocal Contract (ILC) which can be found on the HGACBuy website under Program info, By executing the JLC, the End User represents and warrants to H-GAC that (1) it is eligible to contract with H-GAC under the Act because n is one of the finlowingi a qualifying non-profit corporation, county, MUnicipalky, special district, or other political subdivision of the State of Texas, or another state, and (2) it possesses adequate legal authority to enter into this Contract. Scope of H-GAC's 1"rofessionall Services When participating in liCAC uy, tiembers make their purchase orders out to, and directly pay, the HGACBuy contractor, However, II-GAC does act as the designated purchasing agent on behalf of pao1icpatofl.g End Users by performing specific services including, but not limited to: io Conducting research and SU tNeys • Developing specifications for each product/service Soliciting vendor participation http://www.hgacbuy.org/progr using/default.aspx 01/03/2013 103 Using the Program :: HGACBuy Page 2 of 5 • Issuing specifications documents • Conducting pre-bid/pre-proposal conferences • Opening bid/proposal responses • Evaluating responses • Issuing Vendor Contracts awarded by the H-GAC Board of Directors • Certifying contract validity • Contracts Administration Interlocal Contract Reoevvals Provisions of the Interlocal Cooperation Act provide for annual renewal ofI,terlmal Contracts. The contract document issued by HGACBuy contains a provision for automatic annual renewal. Unless an updated contrac document is requested, or statutory change occurs, the initial enactment could remain in effect in perpetuity. A permanent identification number is assigned to each End User contract. Purchasing Statutes Applied to H-GAC Competitive Bid Process Products offered through HGACBuy have been subjected to either the conlpetitive bid or competitive proposal format based on Texas statutes for Councils of Governnients under the Local Government Code Chapter 252. The 76th Legislature, Regular Session, added language that stipulates Councils of Governments shall specifically use "municipal bidding statutes". As administrator, H-GAC's rules of governance apply. In evaluating bid and proposal responses, HGACBuy takes into account any prospective contractor's ability to meet performance requirements. Factors considered include number and location of sales/service facilities, depth of staff, qualifications of technical support personnel, and business continuity. Contractors are expected to service all End Users participating in the Program wherever possible, practical, and not contrary to franchise or dealership agreernents. H-GAC Board wfDirectors Awards All Contracts The Board of Directors composed of 35 elected officials awards all H-GAC cooperative purchasing contracts. As a politica subdivision ofthe State ofTexas, Board agenda are publicly posted in advance of public meetings. Board meetings are customarily held on the third Tuesday of each month in H-GAC Conference Room A, Second floor, 3555 Timmons Lane, Houston. The Houston-Galveston Area Council is one ofTexas 24 regional councils ofgovernrnents. Steps To Placing Purchase Orders Through HGACBuy Step (first time only) Execute the "Interlocal Contract" (ILC) found on the HGACBuy website under Program Info, and return to H-GAC. H-GAC will sign two copies and return one to the End User for their records. The ILC may be faxed to 713-993-4548 for expedited processing. Step 2: Obtain specific product details from the HGACBuy website, www.BGACBuy.org.Then'contact the contractor's nearest representative for additional assistance and a definitive price quotation. Contractor information can be found at the bottom of each contracts web page under Products Available. Step 3: 01/03/2013 1 04 Using the Program :: HGACBuy Page 3 of 5 Prepare and submit your purchase order directly to the relevant HGACBuy contractor, after completing consultation with the contractor's representative. A copy of the order along with a copy of the contractor's written quotation shall be faxed or mailed to HGACBuy at FAX: 713-993-4548. Orders should include specific details regarding the purchase (i.e., name of the End User's contact person, shipping /delivery instructions, and installation details, if any). HGACBuy contractors will then invoice End User for all purchases, and End User will pay the contractor directly following delivery and acceptance. NOTE: Performance Bond HGACBuy's contractual requirements no longer include a Performance Bond, and bid pricing should reflect this cost saving. However, Contractor must be prepared to offer a Performance Bond to cover any specific order, if so requested by End User. Contractor shall quote a price to End User for provision of any requested Performance Bond. If Performance Bond is requested by End User for a particular order, Contractor agrees to furnish the Performance Bond within ten (1o) days of receipt of End User's purchase order. HGACBuy Order Confirmation On most contracts, when a copy of a purchase order is received (see Step 3 above), HGACBuy staff prepares an Order Confirmation which is then sent to the Member and the Contractor - authorizing the Contractor to proceed with the order. This Order Confirmation indicates that the Contractor does have a valid contract with HGACBuy for the products contained on the order. Actual pricing is not verified on the Order Confirmation. For pricing verification prior to issuing the purchase order, contact HGACBuy staff. Remitting End User Payments For Products and Services Rendered The prompt payment requirements for products and services rendered through cooperative purchasing states that "...upon delivery of the goods and services purchased, and presentation by HGACBuy contractor of a properly documented invoice, the End User shall promptly, and in any case within thirty (3o) days, pay the HGACBuy contractor the full amount of the invoice. All contracts between HGACBuy and its contractors require prompt payment upon delivery of products /services to an End User. Ownership Passes Directly From Contractors to End Users HGACBuy does not at any time take title to any product. Contractors assign ownership directly to End Users. Reimbursement of HGACBuy's Operational Costs The HGACBuy program is solely funded through the assessment of an administrative fee paid by the contractor on each order. End Users Invited to Attend Pre -Bid Conferences HGACBuy schedules publicly announced pre- bid /pre - proposal specification conferences with http:// www. hgacbuy .org /program/using /default.aspx 01/03/2013 105 Using the Program :: HGACBuy Page 4 of 5 manufacturers, distributors, representatives, and dealers for the various product categories offered. These conferences, held throughout each year, are widely attended by the various industry groups represented in the Program. End Users are invited to attend these conferences also. See a listing of scheduled pre-bid conferences on the HGACBuy website under Bid Notices. 3-Way Partnership At Work The three-way partnership between HGACBuy, Program End Users, and Contractors is a very irnportant relationship that provides vital links to ensure effective cooperative results. Clear, concise communication is essential to making the partnership effective and successful. The contact path includes all three parties: HGACBuy, End User, and Contractor. II-GAC's Role: HGACBuy's role is to conduct product research and surveys, write technical specifications, coodmtprc6idoonfemumm.opoo6ido.uodovaluatcrespn000aAftorooutractoamuwurdodbyduB'G8C Board, HGACBuy certifies contract validity, and administers contracts. The End User's Role: End Users are expected to consult with Contractors' representatives for the purpose of determining the exact requirements needed to serve constituents. End Users work with Contractor's representatives to detail and complete all documentation required when submitting purchase orders. The Contractor's Role: HGACBuy relies upon its Contractors to quickly respond to End User inquiries that provide detailed product information and pricing, including priced options for specific products. Contractors' representatives work closely with each End User to meet specific constituent needs. H-GAC's Bid Notices The Program's Coordinator for Specifications & Bids directs the bid/proposa cycte for products and services that HGAC uy desires to ptace undei- contract on behalf of Mernbers. The near term schedule of procurements is posted on the HGACBuy website under Bid Notices. Distribution of H-GAC Product Specifications Product/service specifications and Invitations To Submit Cornpetitive Bids/Proposals are distributed by ernail to all prospective responders that HGACBuy is aware of. The docunients are also posted on the HGACBuy website, and the legally required notices are posted in newspapers, including minority-emphasis publications. End User Benefits HGACBuy offers significant benefit to participating End User whether targe, medium, or sniatl size. • Expedited procurement • Volume purchasing discounts • On-duty professional staff assistance • Research and deve ent of technica specifications • Contract administration H-GAC Web Site 01/03/2013 1 06 Using the Program :: HGACBuy Page 5 of 5 Information on products under contract through HGACBuy can be accessed through the web site. The web site contains the following: • Product categories with base bid prices • Contractors' representatives with telephone numbers • H-GAC staff telephone numbers and e-mail addresses • isting of Specifications Conferences • Listing of Bid opening dates for each product category Contacting HGACBuy 3555 Timmons Lit, Suite 12o Houston, TX 77027 Phone: 80o-926-0234 Fax: 713-993-4548 Web: www.HGACBuv.org Individual staff phone numbers and emails may be found on the HGACBuy website under Program Staff. http://www.hgacbuy.org/program/using/default.aspx 01/03/2013 107 108 List of End Users :: HGACBuy Page 1 of 2 End User City Washington Battle Ground School District #119 (WA) Brush Prairie Bethel School District (WA) Spanaway Chelan County (WA) Wenatchee City of Anacortes (WA) Anacortes City of Auburn (WA) Auburn City of Bellevue Washington (WA) Bellevue City of Bellingham (WA) Bellingham City of Buckley (WA) Buckley City of Edmunds (WA) Edmonds City of Ephrata (WA) Ephrata City of Everett (WA) Everett City of Kenmore (WA) Kenmore City of Kennewick (WA) Kennewick City of Kirkland (WA) Kirkland City of Lacey (WA) Lacey City of Lynnwood (WA) Lynnwood City of Marysville (WA) Marysville City of Mercer Island (WA) Mercer Island City of Monroe (WA) Monroe City of Mount Vernon (WA) Mount Vernon City of Normandy Park (WA) Normandy Park City of Olympia (WA) Olympia City of Port Angeles (WA) Port Angeles City of Port Townsend (WA) Port Townsend City of Pullman (WA) Pullman, City of Quincy (WA) Quincy City of Renton (WA) Renton City of Richland (WA) Richland City of Ritzville (WA) Ritzville City of SeaTac (WA) SeaTac City of Seattle (WA) Seattle City of Spokane (WA) Spokane City of Union Gap (WA) Union Gap City of Vancouver (WA) Vancouver City of Walla Walla (WA) Walla Walla City of Yakima (WA) Yakima City of Yelm (WA) Yelm Clark County (WA) Vancouver Clark Public Utilities (WA) Vancouver Community College of Spokane (WA) Spokane Cowlitz County (WA) Kelso Eureka Fire Protection District No. 3 (WA) Prescott Family Services of Grant County (WA) Moses Lake Franklin Pierce School District (WA) Takoma Green River Community College (WA) Auburn Island County Emergency Services Communications Center (I -COM), WA Oak Harbor Kennewick Irrigation District (WA) Kennewick Kennewick School District (WA) Kennewick Key Peninsula Metropolitan Park District dba: Key Pen Parks (WA) Lakebay King County (WA) Seattle Kitsap County (WA) Port Orchard Klickitat County (WA) Goldendale La Center School District (WA) La Center Nine Mile Falls School District (WA) Nine Mile Falls Pierce County (WA) Tacoma Pierce County Fire Protection District No. 2 (WA) Lakewood Port of Everett (WA) Everett Port of Seattle (WA) Seattle Port of Vancouver (WA) Vancouver Public Utilitiy District No. 1 of Chelan County (WA) Wenatchee Public Utility District No. 1 of Snohomish County (WA) Everett Puget Sound Residential Services (WA) Renton Renton School District No. 403 (WA) Renton http: / /www.hgacbuy.org/ program /endusers /default.aspx ?state =WA 01/03/2013 109 List of End Users HGACBuy Page 2 of 2 Skagit County Public Util District (WA) Mount Vernon Skagit sit (WA) Burlington Snohornish County Public Transportation (WA) Everett South Kitsap Fire & Rescue (WA) Port Orchard Spokane Airport Board (WA) Spokane Spokane County (WA) Spokane Union Gap School District #2 (WA) Union Gap Yakima County (WA) Yakima 01/03/2013 1 1O TN T SMART PURCHASING SOLUTION INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING ILC No: Permanent Number assigned by H-GAC THIS INTERLOCAL CONTRACT ( "Contract "), made and entered into pursuant to the Texas Interlocal Cooperation Act,Chapter 791, Texas Government Code (the "Act "), by and between the Houston - Galveston Area Council, hereinafter referred to as "H -GAC," having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and * , a local government, a state agency, or a non - profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User," having its principal place of business at * WITNESSETH WHEREAS, H -GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, H -GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, H -GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on * (Date), and that it desires to contract with H -GAC on the terms set forth below; NOW, THEREFORE, H -GAC and the End User do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The End User represents and warrants to H -GAC that (1) it is eligible to contract with H-GAC under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or moreof those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non - profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS H -GAC and the End User agree to conduct all activitiesunder this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Contract. ARTICLE 3: WHOLE AGREEMENT This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD The period of this Contract shall be for the balance of the fiscal year of the End User, which began * and ends * . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTICLE 5: SCOPE OF SERVICES The End User appoints H -GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order, in the form prescribed by H -GAC to a contractor having a valid contract with H -GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H -GAC. Ownership (title) to products purchased through H -GAC shall transfer directly from the contractor to the End User. (over) 111 ARTICLE 6: PAYMENTS H -GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H -GAC's contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from an H- GAC contractor. ARTICLE 7: CHANGES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation. H -GAC reserves the right to make changes in the scope of products and services offered through the H -GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES H -GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to this Contract. The obligations of the End User, including its obligation to pay H -GACs contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until performed or discharged by the End User. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party' s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligdion solely to pay funds. Determination of force majeure shall rest solely with H -GAC. ARTICLE 11: VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: * Houston - Galveston Area Council 3555 Timmons Lane, Suite 120, Houston, TX 77027 Name of End User (local government, agency, or non - profit corporation) * By. Mailing Address Executive Director * City State ZIP Code Attest. Manager *By: Signature of chief elected or appointed official Date * Typed Name & Title of Signatory Date *Denotes required fields rev. 03 /11 112 *Request for Information To expedite service, please complete the following blanks relevant to your agency's administrative/elective personnel and return the completed form to H-GAC, Cooperative Purchasing Program, P.O.Box 22777, Houston, TX 77227-2777. Name of End User Agency : County Name • (Municipality / County / District / etc.) Mailing Address : (Street Address/P.O. Box) Main Telephone Number : (City) (State) (ZIP Code) FAX Number: Physical Address (Street Address, if different from mailing address) (City) (State) (ZIP Code) Web Site Address: Authorized Official: Title • (City manager / Executive Director / etc.) Ph No.: Mailing Address: (Street Address/P.O. Box) E-Mail Address • (City) (State) (ZIP Code) Official Contact: Title: (Purchasing Agent/Auditor etc.) Ph No.: Mailing Address: Fx No.: (Street Address/P.O. Box) Email Address • (City) (State) (ZIP Code) Official Contact: Title. (Public Works Director/Police Chief etc.) Ph No - Mailing Address: Fx No • (Street Address/P.O. Box) Email Address • (City) (State) (ZIP Code) Official Contact: Title. (EMS Director/Fire Chief etc.) Ph No • Mailing Address: Fx No - (Street Address/P.O. Box) Email Address (City) (State) (ZIP Code) 113 114 SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd) November 20, 2012 MEETING SUMMARY Members Mayor Dave Hill Mayor Pete Lewis Kelly McGourty Councilmember Wayne Snoey Councilmember Jeanne Burbidge Councilmember Barry Ladenburg Charles Prestrud Elizabeth Leavitt Kelly Hayden Councilmember Marcie Palmer Terry Davis Charlie Howard Chris Arkills Councilmember Stacia Jenkins Councilmember Elizabeth Albertson Councilmember Jeanette Burrage City of Algona (Chair) City of Auburn (Vice Chair) PSRC City of Covington City of Federal Way City of SeaTac WSDOT (Alternate) Port of Seattle Pierce Transit City of Renton SSCCLC PRSC King County (Alternate) City of Normandy Park City of Kent City of Des Moines I. Open Meeting After the introductions, the October 16, 2012 SCATBd meeting summary was approved II. Reports, Communications and Citizen Requests to Comment Charlie Howard reported that $30 million in additional PSRC funds will be distributed to projects on the 2012 grant competition contingency lists. The additional PSRC funds have become available as the result of higher- than - estimated FFY 2012 allocations of PSRC's Federal Highway Administration and Federal Transit Administration funding sources. Contingency lists of projects were approved as part of the 2012 project selection process for PSRC funds, incase additional funds become available before the next project selection process. Mr. Howard said the PSRC Executive Board will make a decision on the distribution on December 6. Councilmember Burbidge reported that the RTC will be holding a special meeting on December 6 where the committee will be briefed on Metro's Linking Transit and Development Preliminary Concepts Report. The purpose of the report will be to discuss concepts for refining Metro's service guidelines to better link transit service and local development. These concepts could potentially be incorporated into a proposed update of Metro's strategic plan and service guidelines that is due to the King County Council on April 30, 2013. 115 Page 2 Kelly Hayden reported on the failure Pierce Transit's Proposition 1 and said the Proposition lost by about 700 votes. He said their Board will be meeting to discuss how to move forward; but said they will have to cut about 53% from their current service. Mr. Hayden said that in 2010 they had about 622,000 service hours and he expects that it will fall to about 197, 000 hours of service. He said the original service reduction option prior to the vote was to have no weekend service if the ballot failed. All service changes will have to be in effect starting in 2014, and Pierce Transit staff reductions will occur. Elizabeth Albertson reported that Kent's levy lift to fund parks and street maintenance also failed. She said that Kent will have to close parks and reduce road preservation work. Ms Councilmember Albertson said that the City of Kent will have to do less with fewer revenues. III.. Report from the Nominating Committee for 2013 SCATBd Chair and Vice - Chair and Possible SCATBd Vote on 2013 Chair and Vice Chair. The Nominating Committee for 2013 SCATBd Chair and Vice Chair reported that they had nominated Mayor Pete Lewis for SCATBd Chair and Councilmember Marcie Palmer for SCATBd Vice Chair. Councilmember Snoey made a Motion, and it was seconded, to have the Board vote on the nominations at the meeting. Chair Hill asked if there were any other nominations for SCATBd Chair and Vice Chair, hearing none, Chair Hill asked for a Motion to close the nomination. A Motion was made and seconded to close the nominations for SCATBd Chair and Vice Chair. A vote was taken on the Subcommittee's Chair and Vice Chair nominations. SCATBd unanimously approved the nominations of Mayor Pete Lewis for 2013 SCATBd Chair and Councilmember Marcie Palmer for 2013 SCATBd Vice Chair. IV. SCATBd Agreement Extension Discussion, Review Statement of Agreement Extension and Possible Action by SCATBd to Extend the Agreement. Mayor Lewis reported on the November 7 meeting of the Chairs and Vice - Chairs of SCATBd, ETP, and SeaShore. The purpose of the meeting was to discuss a process and schedule for approving extensions to their respective Agreements. He reported the outcome of the meeting was a general consensus to support a one -year extension of the Agreements, and discussions on how to revise the Agreements to begin in early 2013. Mayor Lewis reported that ETP and SeaShore have accepted their proposals to extend their respective Agreements. Mayor Lewis presented a copy of the draft statement of extension for SCATBd's Agreement to the Board. Mayor Lewis questioned the need to include the statement "This extension acknowledges that the adoption of the new Metro Strategic Plan has altered the basis for transit service allocations" and asked that this sentence be stricken from the Statement of Extension. Chris Arkills said even though the Extension Agreement is for one 116 Page 3 year, the goal is to adopt revised Agreements within 6 months. Councilmember Jenkins asked if extending invitation to business and labor groups to join SCATBd was still under consideration. Mayor Hill said that it was still on the table for discussion. A Motion was made and seconded to extend the agreement for one year striking the last sentence. The Board voted unanimously to extend the Agreement for one year. V. Joint Subarea legislative Message Letter, Review Draft Joint Subarea Legislative Message Letter and Possible Action to Approve Sending Joint Letter Mayor Lewis said that at the same November 7 meeting of the SCATBd, ETP, and SeaShore chairs and vice - chairs, the group also discussed the possibility of a sending a joint transportation legislative message letter to the 2013 Legislature. All three subarea boards have approved transportation position statements for use during the 2013 legislative session. The group discussed the value in presenting a unified legislative message along with the individual subarea legislative messages. The common themes in the three legislative messages include: • Maintain and improve major state corridors • Help local governments meet their transportation needs • Use tolling to manage and fund projects, and mitigate the effects on other corridors A Motion was made and seconded directing the Chair to sign a joint legislative message letter with minor revisions. The Board voted unanimously to allow the Chair to sign a joint subarea legislative letter. Councilmember Snoey passed out copies of SCATBd's 2013 Legislative Message Brochure and Priority Projects map. He said the brochure and map were designed for legislators but he urged Boardmembers to pass the brochures and maps to their fellow councilmembers, to business groups, chambers of commerce members. He said that transportation might get a lot of attention during the 2013 Legislative session. The Board also asked to have the brochure and map be distributed to state legislators. Councilmember Albertson volunteered distribute the brochure and map to legislators on her next trip down to Olympia. VI. Preparing for the 2013 Legislative Session, Six -Year Transportation Needs and Revenue Assumptions for King County Jurisdictions Monica Whitman, Policy Analyst for the Sound Cities Association, and Paul Takamine from King County's Department of Transportation presented on the work of the Local Transportation Technical Needs Committee. Ms. Whitman said in order to prepare for the 2013 Washington Legislative Session's transportation funding discussions, King County jurisdictions needed to understand the extent of our six year transportation needs and revenue assumptions. She said that staff from the Sound Cities Association, Bellevue, 117 Page 4 Seattle, King County, and the PSRC formed a Technical Needs Committee to develop a methodology to estimate local transportation needs. An approach was developed to first identify local transportation funding needs for the next six years, then estimate the additional funding needed to fully fund future local transportation needs. Ms. Whitman said the total estimated funding gap we face for 2013 -2018 is $4.8 billion for local transportation, (excluding Metro and Ferry), and over $800 million for Metro Transit and the Ferry District. Mr. Takamine said the needs list was developed from locally adopted six -year TIPs and the PSRC's pavement preservation cost estimation methodology. In compiling this information, it became clear that jurisdictions take a variety of approaches in compiling projects for their six year local transportation needs and that those projected needs are far in excess of past spending on transportation. He said it also became clear that projections are best looked at in aggregate, rather than looking at each individual city, since the actual data for individual jurisdictions can vary significantly for a number of very good reasons. Ms. Whitman said that from Sound Cities Association perspective, the data needs gathering phase is completed and that the Association was focusing on the next phase with includes local revenue options. Mr. Takamine reviewed the categories used to identify the needs which included, ongoing operations and maintenance, including operational and safety projects, roadway preservation needs on arterials, collectors, and local access roads, long span bridges in need of replacement or retrofit, and mobility projects that include capital construction. He discussed a chart that showed jurisdictions in King County have $9.4 billion of transportation needs in the next six years in each category, excluding Metro and Ferry District service. Only $4.65 billion is expected in revenue under current law in the next six years resulting in a funding gap of $4.8 billion. Mr. Takamine said that Metro Transit and Ferry District will also need additional funding in the next six years. The gap for Metro and Ferry District funding includes: • Preservation of Metro service levels and service quality • Metro mobility projects to expand transit to be consistent with growth and T2040 • Preservation for King County Ferry District service levels. The Boardmembers said they appreciated the work that went into the development of the transportation needs information. Boardmembers also noted that local preservations needs were a big part of the local needs picture and this should be a big part of the revenue discussion. They recommended that the needs picture needs to be packaged simply, and needs definitions along with the tables. Mayor Lewis also noted that local jurisdictions have committed funds to their projects in their six -year TIPS and the charts should reflect these committed amounts. 118 SCATBd Meeting Minutes November 20, 2012 Page 5 Other Attendees: Bill Peloza, City of Auburn (Alt) Paul Takamine, King County DOT Jim Seitz, City of Renton Monica Whitman, SCA Rachel Smith, Sound Transit Cathy Mooney, City of Kent Dennis Dowdy, Auburn Jenna Herbig, Des Moines Susan Sanderson, SeaTac Dan Brewer, Des Moines Rachel Smith, Sound Transit Rick Perez, City of Federal Way 5 119 South County Area Transportation Board DRAF " 2013 WORK PRO "RAM SCATBd Agreement • Review and provide input to SCATBd subcommittee recommendations regarding revisions to the SCATBd Agreement and SCATBd Procedures • Adopt a 2014 — 2017 SCATBd Agreement and SCATBd Pr • 2013 State Legislative Session • Advocate for SCATBd priorities as stated in adopted legislative message • Consider joint legislative message with other subareas • Look for opportunities to coordinate legislative messages with RAMP /Pierce County. • Monitor other state legislation that affects regional transportation • Provide input into the local option transportation funding proposals Metro Strategic Plan • Monitor and provide input on implementation of Strategic Plan and 2012 work items 1. Annual Service Guidelines Report 2. Alternative Service Five Year Plan 3. Updates • Monitor plans for annual service changes Regional Planning Activities • Provide input on regional prioritization process for update of Transportation 2040 • Monitor current State plans and activities in South County areas including the update of the Washington State Rail Plan, the State Freight Plan, and the Road Usage Charge Assessment study • Monitor current plans and activities in South County area as identified by members • Monitor Growing Transit Communities progress and provide input • Monitor and provide input to PSRC regarding the development of a unified message on the new elements for freight under MAP 21 can be implemented to best serve the central Puget Sound freight and goods system Major Corridor Project Implementation and Funding • Continue advocacy for funding for SR 167 /SR 509/1 -405 corridors. • Monitor implementation of SR 520 tolling for implications to other corridors. • Monitor activities for replacement of the Alaskan Way Viaduct, particularly as they may affect South King County areas • Monitor Sound Transit's light rail segment between SeaTac Airport and South 200th Street /South Corridor planning, and provide input • Monitor Sound Transit's station area access studies 120 SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd) MEETING Tuesday, December 18, 2012 9:00 — 11:00 a.m. SeaTac City Hall 4800 South 188th Street SeaTac AGENDA 1. Open Meeting • Introductions • Approve summary of November 20, 2012 SCATBd Meeting* Action 9:00 a.m. 2. Reports, Communications and Citizen Requests to Reports and 9:10 a.m. Comment Discussion • Participant Updates from RTC and Other Regional Committees • Chair or Vice Chair • Citizen Comment 3. SCATBd 2013 Work Program • Review draft SCATBd 2013 Work Report, Discussion and 9:30 a.m. Program* Possible Action 4 Local Needs Revenue Discussion — De Anna Report and 10:00 Dawson, Sound Cities Association Discussion a.m. *Attachment to Agenda 121 SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBd) December 18, 2012 MEETING SUMMARY Members Mayor Pete Lewis Councilmember Wayne Snoey Councilmember Jeanne Burbidge Pete Butkus Stacy Trussler Maiya Andrews Emiko Atherton Councilmember Barry Ladenburg Elizabeth Leavitt Councilmember Marcie Palmer Chris Arkills Councilmember Jeanette Burrage I. Open Meeting City of Auburn (Vice Chair) City of Covington City of Federal Way City of Black Diamond WSDOT City of Burien King County Council (Alternate) City of SeaTac Port of Seattle City of Renton King County Executive (Alternate) City of Des Moines Mayor Lewis opened the SCATBd meeting with introductions. A quorum was achieved during the later part of the meeting at which time the November 20, 2012 SCATBd meeting summary was approved II. Reports, Communications and Citizen Requests to Comment Mayor Lewis introduced Deanna Dawson, the Executive Director of the Sound Cities Association. Ms. Dawson briefed the Board on the transportation funding option agreement that was reached between the Sound Cities Association (SCA), King County, and the City of Seattle. She reported that the group as been engaged is discussions during the last few months to identify local transit and transportation needs and potential local option funding sources. She reminded the Board that during the 2012 Legislative session the County and cities came close to an agreement on local funding options, but disagreements on how the revenues would be spent and the funding splits cause an agreement not to be reached. Ms. Dawson shared with the Board a letter sent to Governor Gregoire and Governor elect Inslee, supporting a set of tools that will help address transportation needs at the local level. The letter was signed by King County Executive Constantine, Seattle Mayor McGinn and Denis Law, Board President of the Sound Cities Association. The letter encouraged the Governor and Legislature to take action to help local jurisdictions to address local transportation needs by providing local funding options. The proposal includes an eight cent statewide gas tax increase, expanding the councilmanic authority for a TBD from $20 to $40, and a councilmanic authority for counties (with a voter option) to impose a 1.5% local MVET to fund transit and local transportation needs. The 1.5% MVET would be split 60% to the County for transit and 40% for local road needs. The 40% for local road needs 122 Page 2 would be distributed based on population. Copies of the letter and details on the local funding options are attached to this meeting summary. SCATBd members asked how the MVET 60 % -40% split was decided. Boardmembers said based on local road needs it would make more sense for road needs to get 60% of the MVET revenues and transit the 40 %. Ms. Dawson said that the 60% - 40% split as based on recognition for the County's transit needs, and the split was a negotiated decision. Ms. Dawson said that state legislators has indicated that their support hinged on an agreement between cities and the County on local funding options that also included a transit element. Boardmembers asked if eastern Washington legislators supported this package, Mayor Lewis said that they have talked to eastern Washington mayors and all cities through out the state have the same transportation and local funding problems. SCATBd members complimented the good work done by the SCA, King County and Seattle and said it was a good start to the local options revenue discussions. Councilmember Burbidge reported on the Regional Transit Committee's (RTC) continuing discussion on linking transit and land use. Ms. Burbidge said that there was concern about how Metro was defining transit corridors and activity centers and how it will be incorporated in to the linking transit and land use project. She also mentioned that there was a lack of clarity on the data sources that is being used to establish the forecast year. Councilmember Palmer said that these issues will be discussed at the February RTC meeting and said that they appreciated Metro staffs responsiveness to their concerns. III. WSDOT Priorities for New Revenue — 2012 Unfunded Improvement Projects. Stacy Trussler, WSDOT, briefed the SCATBd on a list of unfunded state priority projects that was recently released by WSDOT. Ms. Trussler reported a $3 billion - 10 year preservation needs to keep assets, including bridges and pavement, in good condition. She also identified a $600 million need for maintenance which included upkeep of state storm water drainage facilities. There is also a $305 million need for the ferry system which included dock upgrades. Ms. Trussler shared with the Board a 10 year unconstrained list of state projects. She said the projects were grouped into Mega projects, Tier 1, 2, and 3 projects. The projects listed within the groups were not prioritized. She said they WSDOT will share the list with the 2013 State legislature, and asked that any comments SCATBd member might to be sent to her by early January. The comments will help inform WSDOT's discussion of the list with the State Legislature. Mayor Lewis said that the project list should include a more detailed discussion about the economic benefits of the projects on the list. Boardmembers also wanted more conversation about SR 509/167 corridor projects. Mayor Lewis also said that eastern part of the state recognized the statewide economic benefits of completing the SR 509/167 corridors. The 123 SCATBd Meeting Minutes December 18, 2012 Page 3 Board also mentioned the need for more discussion on what transportation projects are necessary to support the Port's movement of freight and goods. Councilmember Snoey reported that he distributed SCATBd's 2013 Legislative Brochure and project map at the December 7, 2012 meeting of the Freight Mobility Roundtable. He said that the Brochure was well received by group. He also said that Judy Clibborn mentioned the "last mile" as an important consideration in freight mobility projects, and was well aware on the freight mobility importance of South King county projects such as the completion of the SR 509/167 corridors. IV. SCATBd Draft 2013 Work Program The Board reviewed a draft of SCATBd 2013 Work Program. Mayor Lewis said that SCATBd needs to incorporate the cities plans into the needs of SCATBd and said that this year should be a start on building the 2014 SCATBd agenda. He also said that he would want County, Ports, and State briefings on transportation issues from time to time. Mayor Lewis would also like the SCATBd TAC group to give periodic updates on local transportation issues. He also mentioned SCATBd's need to monitor the development of MAP 21 to insure that the South King County facilities are included. Boardmembers recommended that SCATBd should revisit the work program after the Legislative session. Mayor Lewis also mentioned the need for SCATBd cities to update local PCI information in -order to better explain the preservation needs of local roads. The Board asked to include under Regional Planning Activities and item called "Legislative Action Campaigns ". Other Attendees: Bill Peloza, City of Auburn (Alt) Paul Takamine, King County DOT Jim Seitz, City of Renton Glenn Akramoff Ed Conyers, WSDOT Tom Gut, City of SeaTac Dennis Dowdy, Auburn Rick Perez, City of Federal Way Rick Perez, City of Federal Way Deanna Dawson, Sound Cities Association 3 124 S CI\ King County Dow Constantine King County Executive December 14, 2012 Governor Christine Gregoire Office of the Governor PO Box 40002 Olympia, WA 98504 -0002 Dear Governor Gregoire: SOUND CITIES ASSOCIATION 35 Chic, A 7,3ilfian ae�pce.Orre' /ace Mike McGinn, Mayor City of Seattle Seattle, King County, and the Sound Cities Association have worked together to develop a solution to our shared transportation problems. We are writing today to encourage you and the Legislature to take action to help us all begin to solve our statewide transportation crisis by providing local funding options in the coming legislative session in order to preserve and maintain our portion of the State's transportation system and address the growing demand for transit services. King County and its cities have reached consensus on a set of tools that will allow us to address transportation needs at the local level. We are engaging leaders from around the state who support a combination of local funding options in a dialogue about the attached proposal. The proposal includes an eight cent gas tax increase, 65% of which would go to the state, an increase to $40 of the councilmanic TBD authority, and a 1.5% local Motor Vehicle Excise Tax to be passed councilmanically or by a vote of the people. While King County's needs are great enough that we seek a 1.5% MVET to sustain transit service and help address the funding gap for roads and other local transportation needs, we anticipate that other counties may prefer for themselves something closer to 1%. It is our firm belief that addressing local transportation needs is of critical importance to the economic health and long- term viability of the state's economy. Local jurisdictions play a pivotal role in our state's transportation portfolio. More than half of all trips in our state are less than three miles long and take place 011 city and county roads, buses, sidewalks, and trails. We strive daily to maintain aging streets, bridges and drainage systems, under tightly constrained budgets. At the same time, residents are asking us to improve transit services, safety, mobility, and choices within our transportation system while diminishing the adverse impacts of the system 011 our environment and human health. Thank you for your consideration. We look forward to working with you toward the goals that we all share. Sincerely, Dow Constantine King County Executive Mike McGinn Mayor, City of Seattle cc: Association of Washington Cities Washington State Association of Counties Denis Law Sound Cities Association, Board President (formerly Suburban Cities Association) Mayor, City of Renton 125 SCA1 Mike McGinn, Mayor City of Seattle King County Dow Constantine King County Executive Revenues from the following three local options will provide funding necessary to sustain transit service and address unmet transit and_other critical local transportation needs. State ® 8 -cent increase in State Gas Tax o Distribution as follows State Cities Counties TIB CRAB Regional • 1.5% Local Option Motor Vehicle - Excise o Couricilmari c authorifyfor,counties, with Voter option, up to 1.5% o Generates approximately $1A0 million iri`King County in 2014* o Replaces existing Congestion: Reduction Charge in King County o Seek- :ability to collect rnpnthly; similar to a utility bill o In King Gounty, agreernent to seek 1.5% MVET authority. This amount of revenues is necessaryto sustain transit service and address the funding gap for other critical local transportation needs For a 1.5% MVET, revenues would be allocated 60% to Transit, and 40% to cities:and-ti e county distributed by population for local transportation needs o Outside of King, dsfribution negotiated between county and cities *Source: DOL Vehicles transactions Data Warehouse, Sep 2012; renewals only, excludes commercial vehicles and trailers 65% 18% 12 %- 4% Local ® $40 Councilmanic Vehicle License Fee o Expand councilmanic authority for the Transportation Benefit District from $20 to $40 o Retain option for voter approval up to $100 126 1.5% MVET -- 40% Cities and County Local. Transportation Needs Jurisdiction Share by Population „,, u,, dlcatlo r ,....W Aprii lsf OF 2 p0. 2,ESt mae °lbf otat Algona 3,070 0.16% $87,849 Auburn (part) , 63,390 3,24% $1,813,919 Beaux Arts 300 0.02% $8,585 Bellevue 124,600 6.37% $3,565,457 Black Diamond 4,170 0.21% $119,325 Bothell (part) 17,280 0.88% $494,471 Burien 47,730 2.44% $1,365,805 Carnation 1,785 0.09% $51,078 Clyde Hill 2,980 0.15% $85,273 Covington 17,760 0.91% $508,206 Des Moines 29,700 1.52% ' $849,872 Duvall 6,900 0.35% $197,445 Enumclaw (part) 11,030 0.56% $315,626 Federal Way 89,460 4.57% $2,559,918 Hunts Point 390 0.02% $11,160 Issaquah 31,150 1.59% $891,364 Kenmore 21,020 1.07% $601,492 Kent 119,100 6.09% $3,408,074 King County 255,720 13.07% $7,317,486 Kirkland 81,480 4.16% $2,331,569 Lake Forest Park 12,540 0.65% $361,696 Maple Valley 23,340 1.19% $667,879 Medina 2,990 0.15% $85,560 Mercer Island 22,690 1.16% $649,280 Milton (part) 835 0.04% $23,894 Newcastle 10,460 0.53% $299,315 Normandy Park 6,350 0.32% $181,707 North Bend 5,855 0.30% $167,542 Pacific (part) 6,535 0,33% $187,001 Redmond 55,360 2.83% $1,584,139 Renton 93,910 4.80% $2,687,256 Sammamish 47,420 2A2% $1,356,934, SeaTac 27,210 1.39% $778,620 Seattle 616,500 3t50% $17,641,288 Shoreline 53,270 2.72% $1,524,333 Skykomish- . 200 0.01% $5,723 Snoqualmie 11,320 6,58% $323,924 Tukwila 19,080 0.97% $545,979 Woodinville 10,960 0.56% $313,623 Yarrow Point 1,060 0.05% $30,332 Totals 1,957,000 100.00% $56,000,000 127 South County Area Transportation Board REVISED 2013 WORK PRO "RAM Di 111 SCATBd Agreement • Review and provide input to SCATBd subcommittee recommendations regarding revisions to the SCATBd Agreement and SCATBd Procedures. • Adopt a 2014 — 2017 SCATBd Agreement and SCATBd Operating Procedures. 2013 State Legislative Session • Advocate for SCATBd priorities as stated in adopted legislative message. • Consider joint legislative message with other subareas. • Look for opportunities to coordinate legislative messages with RAMP /Pierce County. • Monitor other state legislation that affects regional transportation. • Provide input into the local option transportation funding proposals. Metro Strategic Plan • Monitor and provide input on implementation of Strategic Plan and 2012 work items including: 1. Annual Service Guidelines Report 2. Alternative Service Five Year Plan 3. Updates • Monitor plans for annual service changes. Regional Planning Activities • Provide input on regional prioritization process for update of Transportation 2040. • Monitor current local and State plans and activities in South County areas including the update of local transportation projects and issues, the Washington State Rail Plan, the State Freight Plan, and the Road Usage Charge Assessment study. • Monitor current plans and activities in South County area as identified by members. • Monitor Growing Transit Communities progress and provide input. • Monitor and provide input to PSRC regarding the development of a unified message on the new elements for freight under MAP 21 can be implemented to best serve the central Puget Sound freight and goods system. • Develop and implement SCATBd Legislative Action Campaigns. Major Corridor Project Implementation and Funding • Continue advocacy for funding for SR 167 /SR 509/1 -405 corridors. • Monitor implementation of SR 520 tolling for implications to other corridors. • Monitor activities for replacement of the Alaskan Way Viaduct, particularly as they may affect South King County areas. • Monitor and provide input into Sound Transit's light rail segment project between SeaTac Airport and South 200th Street. • Monitor Sound Transit's station area access studies. 128 SOUTH COUNTY AREA TRANSPORTATION BO RD (SCATBd) MEETING Tuesday, January 15, 2013 9:00 — 11:00 a.m. SeaTac City Hall 4800 South 188th Street SeaTac AGENDA 1. Open Meeting • Introductions • Approve summary of December , 2012 SCATBd Meeting* Action 9:00 a.m. 2. Reports, Communications and Citizen Requests to Comment • Participant Updates from RTC and Other Regional Committees • Chair or Vice Chair • Citizen Comment Reports and Discussion 9:10 a.m. 3. Adopt SCATBd 2013 Work Program* Report, Discussion and Action 9:30 a.m. 4. 2013 Legislative Session Update • Update on the Joint SCATBd /ETP /SeaShore Legislative Message • DRAFT PSRC Transportation Recommendations to the 2013 Legislature • SCA /King County /Seattle Transportation Funding Option Update Report and Discussion 9:40 a.m. 5. Update on the City of SeaTac's Connecting 28"'/24"' Avenue South Corridor project Report and Discussion 10:30 a.m. *Attachment to Agenda 129