HomeMy WebLinkAboutTrans 2013-07-09 COMPLETE AGENDA PACKETCity 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
L. Humphrey
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, A. Le
AGENDA
TUESDAY, JULY 9, 2013
Time: 5:15 PM Place: Conference Room #1 (6300 Building)
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a) Tukwila Urban Center — Transit Center
a) Forward to 7/22/13 C.O.W.
Pg. 1
F Line RapidRide ITS Improvements and Shared Fiber
and 8/5/13 Regular Meeting
Optics
b) Contract Supplement for Services Related to the
b) Forward to the 7/15/13
Pg. 38
Supplemental Environmental Impact Statement (SEIS)
for Tukwila's Urban Center Plan
c) Interlocal Agreement for State Purchasing
Regular Consent Agenda
c) Forward to the 7/15/13
Pg. 70
WA State Master Contract Usage Agreement
Regular Consent Agenda
d) Resolution to Surplus & Sell the Sewer Video
d) Forward to the 7/15/13
Pg. 78
Inspection Truck
Regular Consent Agenda
e) Resolution to Surplus City Equipment for 2013
e) Forward to the 7/15/13
Pg. 84
Round 2
Regular Consent Agenda
3. SCATBd
f) SCATBd Meeting Summary /Agenda /Reports
f) For Information Only
Carried over from 6/25/13 (please bring your 6/25 TC packets)
4. MISCELLANEOUS
Progress on Transportation Committee Goals
5. ANNOUNCEMENTS
Future Agendas:
Next Scheduled Meeting: Tuesday, July 23, 2013
The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206 - 433 -0179 for assistance.
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Directo
BY:
DATE:
Cyndy Knighton, Senior Program Manager
July 5, 2013
SUBJECT: Tukwila Urban Center - Transit Center
Project No. 90610402
F Line RapidRide ITS Improvements and Shared Fiber Optics
ISSUE
Approve an agreement between King County Metro and local agencies regarding the future F Line bus route (Burien,
SeaTac, Tukwila, Renton) for the design, construction, ownership, and maintenance of the F Line RapidRide Fiber Optic
Project.
BACKGROUND
In 2011, King County Metro (KCM) was awarded a grant through the Federal Transit Authority (FTA) for their F Line
RapidRide project. Since that award, Tukwila staff has worked closely with KCM staff to coordinate the new F Line service
route with the new TUC Transit Center as well as infrastructure needs and impacts along the F Line route. As part of the F
Line's new infrastructure, new fiber optic cables are being installed along the entire route. KCM will be installing 72 strands
of fiber optics but only needs to utilize 24 strands for F Line communication needs. 24 strands will be allocated to
interagency communication needs between all five jurisdictions with the remaining 24 strands dedicated to the local
jurisdictions for their use as needed. Tukwila's portion runs along Southcenter Boulevard between the east and west city
limits. In addition to the 24 strands dedicated to local agencies across all jurisdictions, Tukwila will be given an additional
72 strands, for a total of 96 strands, between 62nd Ave S and West Valley Hwy. Between West Valley Hwy and Rainier Ave
S in Renton, this project will be installing 216 strands of fiber optics for the Community Connectivity Consortium, of which
Tukwila is a member.
DISCUSSION
This agreement between King County, Tukwila, Burien, SeaTac, and Renton defines how all agencies will work together in
implementing the F Line RapidRide Fiber Optic Project, including sharing of new fiber optic cables. Ownership and
maintenance responsibilities are defined, including cost sharing provisions for ongoing maintenance and repair. All other
jurisdictions have approved the attached agreement and signed in counterpart, with Tukwila being the last agency to grant
approval.
FISCAL IMPACT
Estimated value of construction of the new fiber optic line is $1.4 million, although it is completely covered by KCM and the
FTA grants. Tukwila will be responsible for costs associated with future maintenance and repair and, depending on level of
effort and staff availability, Tukwila staff has the capability to perform much of this fiber work in- house.
RECOMMENDATION
Council is being asked to approve the agreement for design, construction, ownership, and maintenance of the F Line
RapidRide Fiber Optic Project and consider this item at the July 22, 2013 Committee of the Whole and the subsequent
August 5, 2013 Regular Meeting.
Attachment: Agreement on the Design, Construction, Ownership and Maintenance of the F Line RapidRide Fiber Optic Project
W: \PW Eng \PROJECTS\A- RW & RS Projects \Transit Center (90610402) \ Design \INFO MEMO KCM F -Line Fiber Optic Ag 7- 5- 13.docx
1
AGREEMENT ON THE DESIGN, CONSTRUCTION, OWNERSHIP, AND MAINTENANCE OF
THE F LINE RAPIDRIDE FIBER OPTIC PROJECT
Between
KING COUNTY
CITY OF BURIEN
CITY OF SEATAC
CITY OF TUKWILA
CITY OF RENTON
2
TABLE OF CONTENTS
I. RECITALS 1
II. PURPOSE OF AGREEMENT 1
III. DEFINITIONS 1
IV. FIBER OPTIC PROJECT BACKGROUND 4
V. SCOPE OF WORK 4
A. OVERVIEW 4
B. DESIGN APPROACH FOR THE COUNTY FIBER 6
C. DESIGN APPROACH FOR LOCAL AGENCY FIBER 6
D. DESIGN APPROACH FOR INTERAGENCY FIBER 7
E. LOCAL AGENCY FIBER DEDICATED TO F LINE RAPIDRIDE 7
VI. RELATIONSHIPS AMONG PARTICIPATING AGENCIES 7
A. PRINCIPLES 7
B. CHANGES 8
C. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE 8
D. USE OF FIBERS 8
F. TRANSFER OF FIBERS 8
G. PARTICIPATING AGENCIES' RIGHT OF FIRST REFUSAL 8
H. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES 9
I. CONTACT PERSONS AND ADDRESSES 9
VII. THE COUNTY RESPONSIBILITIES AS LEAD AGENCY 9
A. GENERAL RESPONSIBILITY OF THE COUNTY AS LEAD AGENCY 9
B. AGREEMENTS, APPROVALS, PERMISSIONS, AND PERMITS 10
C. NOTICE OF INSTALLATION AND TESTING 10
D. MAINTENANCE AND REPAIR RESPONSIBILITIES 10
E. COUNTY NONCOMPLIANCE 11
F. AUDIT 11
VIII. FACILITY OWNER RIGHTS AND RESPONSIBILITIES 12
A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES 12
B. APPROVALS 12
C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS 12
D. ACCESS TO AND USE OF FACILITIES 12
E. BUILDING ENTRANCES 13
F. MODIFICATIONS TO FACILITIES 13
G. RELOCATION OF FIBER OPTIC CABLE 13
H. PROPERTY RIGHTS 13
I. DEFAULT AND DISPUTE RESOLUTION 14
IX. RELATIONSHIP BETWEEN THE COUNTY AND CONTRACTORS 14
A. RESPONSIBILITY 14
B. APPROVALS 14
C. INSURANCE 15
X. INDEMNIFICATION AND LIMITATION OF LIABILITY 15
A. LIMITATION OF LIABILITY AND INDEMNITY - THE COUNTY AS LEAD AGENCY 15
B. LIMITATION OF LIABILITY AND INDEMNITY - FACILITY OWNERS 15
C. LIMITATION OF LIABILITY AND INDEMNITY - PARTICIPATING AGENCIES 16
XI. ADDITIONAL TERMS AND CONDITIONS 16
A. LAWS, LICENSES, AND PERMITS 16
B. PERFORMANCE 17
C. AGREEMENT TERM 17
D. TERMINATION FOR CAUSE 17
E. FORCE MAJEURE 17
F. NO WAIVER 17
G. SEVERABILITY 18
H. RIGHTS CUMULATIVE 18
I. CONTRACTUAL RELATIONSHIP 18
J. HEADINGS 18
K. APPLICABLE LAW AND VENUE 18
L. BINDING EFFECTS 18
M. ASSIGNMENT 18
N. NOTICES 18
O. MODIFICATION OR AMENDMENT 19
P. EXECUTED IN COUNTERPARTS 19
3
Attachment 1: F Line Fiber Route Schematic 25
Attachment 2: Project Elements F Line RapidRide Fiber Optic Project 26
Attachment 3: Fiber Optic Project Cost Estimate 30
Attachment 4: Schematic of Typical RapidRide Fiber Optic Components 31
Attachment 5: Ownership and Maintenance Responsibilities of Fiber Optic Project Elements 32
4
I. RECITALS
This AGREEMENT is made by and between the City of Burien, the City of SeaTac, the City of
Tukwila, the City of Renton, and King County, hereinafter referred to as the "Participating
Agencies."
WHEREAS, the key elements of bus rapid transit include new, low -floor, hybrid diesel - electric
buses; improved frequency of bus service; improved traffic operations; and transit stations with real -
time passenger information signs; and
WHEREAS, King County's bus rapid transit program has now been named RapidRide; and
WHEREAS, the Participating Agencies are interested in advancing the implementation of this
program; and
WHEREAS, the approved King County transit capital program includes funding to support the
investments in traffic signal systems and communication necessary to implement RapidRide; and
WHEREAS, King County plans to construct a fiber optic network between the Burien Transit
Center, Tukwila International Link Light Rail Station, Tukwila Transit Center, Tukwila Commuter
Rail Station, Renton Transit Center and Renton Landing for the purpose of providing the
communication infrastructure to support capital improvements such as real -time passenger
information signs and transit signal priority elements of RapidRide; and
WHEREAS, King County plans to install a sufficient number of fiber optic cables to meet the
County's needs as well as additional fiber optic cable to support the fiber communication needs of
the Participating Agencies; and
WHEREAS, the City of Burien, the City of SeaTac, the City of Tukwila, and the City of Renton
have conduit path available that can serve all the Participating Agencies; and
WHEREAS, mutually beneficial contractual arrangements with other public entities that leverage
public funds to provide both new and better bus service to cities and major employers is one of four
key strategies identified in the Transit Now proposition approved by King County voters in the
general election on November 7, 2006;
NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS
AND AGREEMENTS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATIONS, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY
THE PARTICIPATING AGENCIES, THE PARTICIPAING AGENCIES AGREE AS FOLLOWS:
II. PURPOSE OF AGREEMENT
This Agreement defines how the Participating Agencies will work together for the benefit of all the
Participating Agencies in implementing the F Line RapidRide Fiber Optic Project. This document
also outlines the roles and responsibilities of all the Participating Agencies with respect to the
design, use, maintenance, and financing of the fiber cables during the term of the Agreement.
iii. DEFINITIONS
Whenever used in this Agreement with initial letters capitalized, the following terms shall have the
following specified meanings, unless the context clearly requires a different meaning:
5
A. Acceptance or Accepted
Written documentation of King County's determination that the contractor's work has been
completed in accordance with the contract.
B. Agreement
Refers to this document, Agreement on the Design, Construction, Ownership, and
Maintenance of the F Line Fiber Optic Project.
C. Building Entrance
Conduit or conduits usually connecting a vault, Handhole, or maintenance hole in the public
right -of -way to a building.
D. Common Fiber Spares
Fiber Strands installed as part of the Fiber Optic Project held in reserve solely for
replacement of disabled fibers.
E. Conduit or Duct
Enclosed raceway or tube designed to house Fiber Strands for their protection.
F. Dark Fiber
An optical fiber strand not coupled to an optical light source.
G. Day
Calendar day.
H. Demarcation Point
A point agreed to between the Facility Owner and the County that documents where one
party's responsibilities end and the other's begins.
L Facility or Facilities
A structure including but not limited to buildings, vaults, maintenance holes, Handholes,
Conduit, and Building Entrances.
J. Facility Manager
The person designated by the Facility Owner to manage the Facility, including granting
access and determining and approving its use and terms and conditions for such use.
K. Facility Owner
The Participating Agency that is the legal owner of a Facility or Facilities or the Participating
Agency holding the legal right to grant permission to occupy, use, or modify Facilities.
L. Fiber Optic Cable
A cable installed by the Participating Agencies pursuant to this Agreement that is composed
of strands of glass fiber, each strand of which is designed to conduct signals of modulated
light (optical signals) from one end to the other.
M. Fiber Optic Project
The activities associated with the installation of fiber optic transmission materials, pursuant to
this Agreement.
6
N. Fiber Strand or Strand of Fiber
A single, thin, transparent fiber of glass enclosed by a material of a lower index of refraction
that reflects light throughout its length by internal reflections.
O. Handhole
An underground structure (usually concrete) providing an opening in a Conduit that workers
may reach into but usually do not enter for the purposes of installation and maintenance of
cable.
P. Indirect Costs
Indirect Costs are costs determined in accordance with a Participating Agency's standard
methodology for computing Indirect Costs. Indirect Costs shall include costs of labor,
benefits, equipment usage, miscellaneous materials, material handling, and administrative and
general charges. This definition also applies to Facility Owner Indirect Costs.
Q. ITS
Intelligent Transportation System.
R. Lead Agency
The Participating Agency designated by mutual consent that is responsible for managing the
Work related to the Fiber Optic Project, including entering into contracts for design and
construction, overseeing the construction work, and assuming responsibility for ongoing
maintenance of the completed Fiber Optic Project on behalf of the Participating Agencies.
King County is designated as the Lead Agency for this Agreement.
S. Make -Ready Work
Any planning, analysis, design, review, adjustment to equipment, construction, and /or other
activities (such as tree trimming) necessary to prepare existing Facilities for use by the Lead
Agency as determined by the Facility Owner.
T. Participating Agency
A public agency that is a signatory to this Agreement for the purpose of engaging in the Fiber
Optic Project.
U. Participating Agency Facilities
Those Facilities owned, managed, and occupied by a Participating Agency.
V. Pathway
Aerial or underground Facilities used for the purpose of placing fiber optic cables, splice
cases, trace wire, etc.
W. Splice
The point where two separate optical Fiber Strands are joined together either mechanically or
by fusion to make one continuous optical fiber strand.
X. Telecommunications Service(s)
Telecommunications Service(s) is the transmission of information over Fiber Strands from
one location to another (not including services provided between two areas within the same
building) meeting industry- accepted transmission standards, their equivalent or replacement
7
service. Such information includes but is not limited to voice, video, data, pictures, and
facsimile. Telecommunications Service(s) does not include Dark Fiber or services other than
transmission services.
Y. Work
All activities related to the planning, right -of -way acquisition, scheduling, analysis, design,
engineering, preparation, construction, installation, evaluation, maintenance, repair, and
operation of the Fiber Optic Project as provided for in this Agreement, including Make -
Ready Work.
IV. FIBER OPTIC PROJECT BACKGROUND
King County, hereinafter referred to as the "County," will deploy F Line RapidRide, a bus rapid
transit (BRT) service, between the City of Burien, the City of SeaTac, the City of Tukwila, and the
City of Renton. RapidRide is a premium transit service with increased frequency, reduced travel
time, and enhanced passenger amenities.
Two key elements of RapidRide service are real -time information signs at selected bus stop
locations and transit signal priority at selected intersections throughout the corridor. To support
these features, the County is developing a network for transporting data from its central
communication system to the roadside, and for communicating wirelessly along the roadside with
real -time information signs, fare transaction processors, and buses. The roadside network will
consist of a fiber optic cable, secure wireless access points at intersections, and backhaul services
provided through the King County WAN and the Washington State Department of Transportation
(WSDOT) regional network.
The Fiber Optic Project will install a large - capacity fiber optic cable along the F Line RapidRide
corridor as shown in Attachment 1 using existing traffic signal, fiber optic, and illumination conduit
along the corridor. This cable will run from the Burien Transit Center to the SW 7d' St /Rainier Ave
South in Renton and provide backhaul connections with the King County WAN at the Burien
Transit Center and King County Transvalley corridor, as well as backhaul connections with
WSDOT at the regional hub at State Route 518 /SR 99 and at Renton City Hall. The Fiber Optic
Project will include sufficient fiber strands to support the County's RapidRide ITS
communications, local agency communications, and interagency communications.
V. SCOPE OF WORK
A. OVERVIEW
The Fiber Optic Project will install a trunk fiber optic cable between SW 150"' St /4d' Avenue
SW in Burien and S 7th St/Rainier Ave S in Renton. The fiber optic trunk cable will be a
minimum of 48- strands and a maximum of 288 - strands of singlemode fiber optic cable. The
trunk cable will be installed on 4d' Ave SW, S 156th St /S 154"' St /Southcenter Blvd /Grady
Way, Powell Ave SW, S 7d' St, S 3rd ST, Burnett Ave S, S 2nd St. In locations where the
RapidRide route does not coincide with the fiber optic trunk pathway, 24- strand fiber lateral
cables will be installed to provide communications to the RapidRide ITS cabinets. A fiber
routing schematic is provided as Attachment 1, F Line Fiber Route Schematic.
Between the SW 150th St /4`i' Ave S (Burien) and Southcenter Blvd /62nd Ave S (Tukwila), the
Fiber Optic Project will install a 72- strand fiber optic trunk cable. A 72- strand fiber trunk
will also be installed on West Valley Highway (SR 181) between Grady Way and Strander
Blvd. The fiber cable is sized to support future communication capacity for use by the local
8
agencies for public purposes such as video surveillance, traffic signal communications, and
city -to -city communications. The distribution of fiber is as follows:
County RapidRide ITS communications
24 strands
Local agency communications
24 strands
Interagency communications
24 strands
Total
72 strands
Between Southcenter Blvd /62nd Ave S and West Valley Highway (SR 181) /Grady Way, the
Fiber Optic Project will install a 144 - strand fiber optic trunk cable. The fiber cable is sized to
provide continuity of the 72- strand fiber trunk from its terminus at Southcenter Blvd /62nd Ave
S to West Valley Highway (SR 181) /Grady Way, while also providing additional 72- strands
dedicated to the City of Tukwila without requiring the installation of two separate fiber cables
within the same conduit pathway. The distribution of the fiber is as follows:
County RapidRide ITS communications
24 strands
City of Tukwila communications
96 strands
Interagency communications
24 strands
Total
144 strands
Between West Valley Highway (SR 181) /Grady Way and SW 7d' St /Rainier Ave S, the Fiber
Optic Project will install a 288 - strand fiber optic trunk cable. The fiber cable is sized to
provide continuity of the 72- strand fiber trunk, while also providing 216 - strands of additional
fiber for the Community Connectivity Consortium without requiring the installation of two
separate fiber cables within the same conduit pathway. A separate agreement between King
County and the Community Connectivity Consortium will be executed for the 216 - strands of
additional fiber. The remaining 72 strands of fiber optic cable constitute this segment of the
Fiber Optic Project. The distribution of the fiber is as follows:
County RapidRide ITS communications
24 strands
Local agency communications
24 strands
Interagency communications
24 strands
Total
72 strands
In downtown Renton on S 3rd St and S 2nd St between Rainier Ave S and Burnett Ave S and
on Burnett Ave S between S 3rd St and S 2nd St, the Fiber Optic Project will install a 48- strand
fiber trunk. The fiber cable is sized to support RapidRide communication and future
communication capacity for use by the City of Renton for public purposes such as, traffic
signal communications, and video surveillance. The distribution of fiber is as follows:
County RapidRide ITS communications
24 strands
City of Renton communications
24 strands
Total
48 strands
9
The Fiber Optic Project will install 24- strand fiber optic lateral cables on the following
roadway segments:
• Tukwila Parkway between Andover Park W and Andover Park E
• Baker Blvd between Andover Park W and Andover Park E
• Strander Blvd between Andover Park W and W Valley Highway (SR 181)
• Longacres Way between W Valley Highway (SR 181) and Tukwila Commuter Rail
Station
• Tukwila Commuter Rail Station between Longacres Way and SW 27th St Extension
• SW 27th St between Tukwila Commuter Rail Station and Oakesdale Ave SW
• Oakesdale Ave SW between SW 27th ST and Grady Way
• Lind Ave SW between SW 16th St and S 7th St
The fiber optic lateral cables are sized to provide 24- strands of fiber for King County Metro
RapidRide communications.
The Fiber Optic Project includes funding for the design, installation, and construction of local
agency and interagency communication fiber. The local agency communication fiber will be
owned by the local jurisdiction in which this fiber is installed. The interagency
communication fiber will run the length of the F Line RapidRide corridor between the Burien
and Renton Transit Centers. The Community Connectivity Consortium (CCC) shall
reimburse the County for its portion of the fiber cable and shall assume ownership of the 216
strands dedicated to the CCC upon payment to the County.
The elements of the Fiber Optic Project are provided in Attachment 2, Project Elements: F
Line RapidRide Fiber Optic Project.
The construction budget for the Fiber Optic Project is provided in Attachment 3, Fiber Optic
Project Cost Estimate.
B. DESIGN APPROACH FOR THE COUNTY FIBER
The County RapidRide fiber will be installed with multiple channels along the project
corridor. The channels will be established using the fiber optic strands allocated to King
County Metro RapidRide and will be structured to provide connections to multiple backhaul
locations on the corridor.
C. DESIGN APPROACH FOR LOCAL AGENCY FIBER
The local agency fiber will be installed with multiple channels, one for each City along the F
Line corridor.
For the City of Burien, fibers 25 to 30 will be terminated into each traffic signal controller
cabinet along the F Line RapidRide corridor (6 -in, 6 -out). One pair of terminated fibers shall
transmit the traffic signal interconnect to each of the traffic signal controllers in Burien along
the F Line corridor and two pairs will be terminated into each traffic signal cabinet for future
use. A fourth pair of fiber will be used to pass the interconnect data from the termination
cabinet at SW 153rd St /4th Ave SW to the backhaul point at the Burien Transit Center. All
local agency fibers within the City of Burien shall be spliced so that no City data shall pass
further east than 1st Ave SW on the local agency fibers.
For the City of SeaTac, fibers 25 to 30 will be terminated into each traffic signal controller
cabinet along the F Line RapidRide corridor (6 -in, 6 -out). One pair of terminated fibers shall
transmit the traffic signal interconnect from backhaul connection at the WSDOT minihub at
SR 518 /SR 99 to each of the traffic signal controllers along the F Line corridor and two pairs
10
will be terminated into each traffic signal cabinet for future use. A fourth pair of fiber will be
terminated only at the WSDOT minihub and at S 156th St /Des Moines Memorial Drive to
pass the interconnect data back from the signal controllers to the backhaul point at the
WSDOT minihub at SR 518/SR99. All local agency fibers within the City of SeaTac shall be
spliced so that no City data shall pass beyond the City's jurisdiction at S 156"' St /Des Moines
Memorial Drive and S 154th St /24th Ave S on the local agency fibers.
For the City of Tukwila, no fibers will be terminated in the City's traffic signal controller
cabinets. The local agency fiber shall be terminated only at the backhaul connection points at
the WSDOT minihub at SR 518/SR99 and at the termination cabinet at Southcenter Blvd /62nd
Ave S and at Interurban Avenue /Grady Way. All local agency fibers within the City of
Tukwila shall be spliced so that no future City data shall pass beyond the city's jurisdiction at
Southcenter Blvd /TIBS and Interurban Ave /Grady Way on local agency fiber.
For the City of Renton, no fibers will be terminated in the City's traffic signal controller
cabinets. The local agency fiber shall be terminated only at the backhaul connection points at
Interurban Avenue /Grady Way and at Rainier Ave S/S 7d' St. All local agency fibers within
the City of Renton shall be spliced so that no future City data shall pass beyond the city's
jurisdiction at Grady Way /Oakesdale Ave SW and Renton City Hall on local agency fiber.
D. DESIGN APPROACH FOR INTERAGENCY FIBER
All 24 fiber stands (49 -72) will terminate in the termination cabinets at 4th Ave SW /SW 153rd
St, SR 518 /SR 99, Southcenter Blvd /62nd Ave S, Southcenter Blvd /Grady Way, and Rainier
Ave S/S 7th St.
E. LOCAL AGENCY FIBER DEDICATED TO F LINE RAPIDRIDE
The City of Renton will install 96- strand singlemode fiber optic trunk cable on Rainier
Avenue S as a part of the Rainier Ave S improvement project. The City of Renton shall
dedicate 24- strands of the Rainier Ave S trunk cable to King County Metro F Line RapidRide
communication. Additionally, the City shall dedicate 8 strands of existing fiber optic cable
from S 3rd St /Wells Ave S to each of the RapidRide intersections north of S 2nd St for the
extension of the F Line RapidRide route to the Landing. The City of Renton shall also
dedicate 2- strands of existing fiber from Rainier Ave S/S 7th St to Renton City Hall to provide
for F Line backhaul via the WSDOT Traffic Buster network and 2- strands of existing fiber
from Rainier Ave S/S 7th St to S 180"' St/Oakesdale Ave S to provide a backhaul connection
for the F Line via the King County Transvalley fiber.
The City of Tukwila shall also dedicate 2- strands of existing fiber optic cable from Strander
Blvd /Andover Park W to S 180"' St/Southcenter Parkway to provide a backhaul connection
for the F Line via the King County Transvalley fiber.
VI. RELATIONSHIPS AMONG PARTICIPATING AGENCIES
A. PRINCIPLES
This Agreement among the Participating Agencies shall conform to the following principles:
1. Participation in the Fiber Optic Project is voluntary.
2. Arrangements for cooperation should be fair and equitable among Participating Agencies.
Any special configuration, such as a routing change to accommodate a particular
Participating Agency, should be paid for in whole by that Participating Agency.
11
3. Participating Agencies may have varying amounts of financial and other responsibilities.
Participating Agencies should share maintenance proportionately based on each
Participating Agency's share of ownership or use of the Fiber Strands as described in the
Agreement.
4. In consideration of the perpetual right to use Participating Agencies' conduit, the County
will at its own cost design, install, and dedicate fiber optic cables to the Participating
Agencies for their ownership and use.
B. CHANGES
Participating Agencies shall have the right to propose changes to the Fiber Optic Project,
which must be approved by all Participating Agencies. Changes that impact Facility Owners
shall be subject to approval by the Facility Owners.
C. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE
Fiber Optic Cable and Fiber Strands installed as part of the Fiber Optic Project shall be
allocated to the individual Participating Agencies. The Participating Agency shall own all
right and title to these allocated Fiber Strands. The ownership of the elements of the Fiber
Optic Project is identified in Attachment 5, Ownership and Maintenance Responsibilities of
the Fiber Optic Project Elements.
D. USE OF FIBERS
A Participating Agency shall have completely free and unrestricted use of the Fiber Strands
installed and allocated to it under the Fiber Optic Project Agreement for any lawful
government, public education, intergovernment, or public utility purpose subject to applicable
agreements, approvals, permission, and permits. Such right to use shall be for the duration of
the Agreement and for any renewals by the Participating Agencies unless terminated under
the terms and conditions provided herein.
F. TRANSFER OF FIBERS
Participating Agencies shall not assign the use or otherwise convey the use of any of the
Participating Agency's fibers as identified in the Agreement to any other party except to
government, public education, or public utility entities.
Participating Agencies who wish to transfer their allocated fibers must obtain written and
unanimous approval from all Participating Agencies. Participating Agencies are also granted
right of first refusal regardless of the circumstances of the transfer.
G. PARTICIPATING AGENCIES' RIGHT OF FIRST REFUSAL
Before any allocated fibers held by a Participating Agency may be transferred, the other
Participating Agencies, either individually or collectively, shall have a right of first refusal to
accept the transfer of the fibers on the terms and conditions set forth in this section.
(a) Notice of Proposed Transfer. The transferring Participating Agency shall deliver to all
Participating Agencies a written notice stating: (i) the bona fide intention to transfer such
allocated fibers; (ii) the name of each proposed transferee; (iii) the number of fibers to be
transferred to each proposed transferee; (iv) the consideration for which the Participating
Agency proposes to transfer the allocated fibers and the material terms and conditions of
the proposed transfer (the "Offered Terms "); and (v) an offer to sell the allocated fibers at
the Offered Terms to the other Participating Agencies.
12
(b) Exercise of Right of First Refusal. At any time within sixty (60) days after receipt of the
notice, the other Participating Agencies, either individually or collectively, may, by
giving written notice to the transferring Participating Agency, elect to accept all, but not
less than all, of the allocated fibers proposed to be transferred to any one or more of the
proposed transferees.
(c) Any government, public education, or public utility entity accepting the transfer of fibers
installed under this Agreement must agree to all the terms and conditions of this
Agreement, and shall notify the Facility Owner(s) of any such transfer.
(d) Participating Agencies may grant the right to use their fiber allocation to any other
government, public education, or public utility entity provided the use is approved by all
of the other Participating Agencies.
H. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL
PUBLIC AGENCIES
Nothing in this Agreement precludes Participating Agencies from entering into separate
agreements with other Participating Agencies to use fiber optic cable other than the Fiber
Optic Cable installed pursuant to this Agreement.
I. CONTACT PERSONS AND ADDRESSES
The contact persons for the administration of this
King County:
John Toone, ITS Program Manager
King County Department of
Transportation
201 S Jackson St
Seattle, WA 98104
City of Burien:
Brian Victor, City Engineer
400 SW 152nd St, Suite 300
Burien, WA98166
City of Tukwila:
Cyndy Knighton, Senior Program
Manager
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98118 -8548
Agreement are as follows:
City of SeaTac:
Florendo Cabudol, City Engineer
City of SeaTac
4800 S 188th St
SeaTac, WA 98188
City of Renton:
Ron Hansen, Network Systems
Manager Finance and IT
1055 S Grady Way
Renton, WA 98057 -3232
Community Connectivity Consortium:
George McBride, Consultant (GM2)
VII. THE COUNTY RESPONSIBILITIES AS LEAD AGENCY
A. GENERAL RESPONSIBILITY OF THE COUNTY AS LEAD AGENCY
The County shall be responsible for the overall management of the Work necessary for the
successful completion of the Fiber Optic Project, as the agent of the Participating Agencies in
the Fiber Optic Project, pursuant to the terms and conditions of this Agreement. The County
shall have the authority and the responsibility for negotiating and entering into such separate
contracts with Facility Owners as are necessary for the specific use of their Facilities in
furtherance of the Fiber Optic Project. The County will also have the authority to enter into
13
and manage such separate contract agreements with contractors as are necessary to perform
all or part of the Work associated with the Fiber Optic Project.
The County is responsible for ensuring that all applicable terms and conditions of this
Agreement are included in the contracts with Facility Owners and contractors. Prior to
execution of any contracts with Facility Owners or contractors, the County shall provide an
opportunity for the Participating Agencies to review and comment on such agreements. In the
event there is a dispute regarding any of the provisions or lack of provisions in this
Agreement, such dispute shall be resolved through the Dispute Resolution process identified
in this Agreement.
The County shall keep the Participating Agencies informed as to the status of the Fiber Optic
Project.
B. AGREEMENTS, APPROVALS, PERMISSIONS, AND PERMITS
The County shall be responsible for obtaining all necessary agreements, approvals,
permissions, and permits and any other documents required or necessary for the successful
completion of the Fiber Optic Project and for keeping them in place and current.
C. NOTICE OF INSTALLATION AND TESTING
The County shall notify the Participating Agencies when initial installation of the Fiber Optic
Cable and the Acceptance testing of all the Fiber Strands have been completed.
D. MAINTENANCE AND REPAIR RESPONSIBILITIES
1. Maintenance and Repair of Fiber Optic Cable, Fiber Strands, and Pathway
Maintenance of the 72- strand, 144 - strand, and 288 - strand trunk Fiber Optic Cable and
trunk Fiber Strands installed pursuant to this Agreement, as well as the Pathways between
and including the Demarcation Points, shall be the responsibility of the County as agent
for the Participating Agencies.
For this Agreement, the Demarcation Points are the 25TA fiber vaults. A schematic of the
typical fiber optic components is provided as Attachment 4, Schematic of Typical
RapidRide Fiber Optic Components.
Maintenance of Fiber Optic Lateral Cables and Fiber Strands installed from the 25TA
fiber vaults to the Participating Agencies' equipment shall be the responsibility of the
Participating Agency that owns the equipment to which the lateral cable is connected.
The 25TA fiber vaults installed by the F Line RapidRide ITS project and the RapidRide
ITS cabinets shall be the responsibility of the County.
County maintenance responsibility shall continue for the term of this Agreement and for
any extensions or renewals.
A summary of the maintenance responsibilities for the elements of the Fiber Optic
Project is provided as Attachment 5, Ownership and Maintenance Responsibilities of
Fiber Optic Project Elements.
In instances where service to any of the Participating Agencies has been interrupted on
the County side of the Demarcation Point, the County, at the Participating Agencies'
request, will repair the Fiber Optic Cable as soon as possible provided that all necessary
permissions to effect the repairs have been obtained from the Facility Owner(s).
14
Restoration of traffic control and public safety services shall be given the highest priority.
In the event of an outage, the Participating Agencies shall work promptly to restore the
functionality of the Fiber Optic Cable as soon as possible and practical after restoration of
any other necessary services. The Participating Agencies shall not cut or otherwise
damage Fiber Optic Cable unless absolutely necessary for the safe and prompt restoration
of traffic control and public safety services.
2. Maintenance and Repair Expenses
The Participating Agencies shall be responsible for the expense of maintenance and
repair of the Fiber Optic Cable and Fiber Strands for the duration of this Agreement on a
proportional basis as identified in Attachment 5, Ownership and Maintenance
Responsibilities of Fiber Optic Project Elements. When repairs are required as a result of
damage caused by a third party, the Participating Agency in whose jurisdiction the
damage occurred shall seek payment from the third party for the cost of the repair. The
County shall assign a designated maintenance manager who shall review ongoing
maintenance expenses with Participating Agencies as reasonably requested, but at least
on an annual basis.
The County may contract with a vendor capable of making any necessary repairs. The
contact shall provide for around- the -clock service, defined response times, and supply
guarantees.
3. Payments for Maintenance and Repair Expenses
Participating Agencies shall pay all amounts owed to the County within 30 Days of
receipt of the billing. If a Participating Agency disputes all or a part of the payment owed
to the County, then such dispute shall be resolved through the dispute resolution process
identified in this Agreement.
If a Participating Agency cannot or does not make payment for charges owed within 90
Days, the Participating Agency shall be given written notice to correct the default. The
Participating Agency shall have 90 Days, or such longer time after receipt of notice as the
County may authorize in writing, to make payment.
If the Participating Agency and the County still cannot reach agreement on amounts
owed, the dispute shall be resolved through the dispute resolution process identified in
this Agreement.
E. COUNTY NONCOMPLIANCE
The County shall adhere to the terms, conditions, and requirements of the Work as provided
in this Agreement, and the required record keeping as required in this Agreement. Where
there has been gross negligence or willful misconduct on the part of the County, and
additional Work is necessary to conform the Work to the requirements of this Agreement, it
shall be at the expense of the County.
F. AUDIT
The County shall permit Participating Agencies, or their designated agent(s), from time to
time (including up to six years after the expiration or termination of this Agreement) to
inspect and audit all pertinent books and records of the County, contractors, subcontractors,
or any other person or entity in connection with or related to the Fiber Optic Project with
respect to the services provided, costs, and the compensation paid. Such audit shall occur at
such reasonable times and at such reasonable location(s) as mutually agreed to by the
Participating Agencies and the County.
15
VIII. FACILITY OWNER RIGHTS AND RESPONSIBILITIES
A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES
Use of Facilities owned by a Participating Agency shall comply with all requirements of the
Participating Agency that owns them. A Facility shall be designed and constructed to
maximize the reasonable, additional future use of such Facility. The general project costs
shall include all fees and charges for the use of the Facility.
This Agreement shall not be construed to authorize any Participating Agency to make use of
any other Participating Agency's Facilities unless such use is specifically authorized by the
Participating Agency in its capacity as a Facility Owner. The Facility Owner has final
approval of planning, engineering, design, material, and maintenance for all portions of the
Fiber Optic Project on or within its Facilities.
B. APPROVALS
All contractors hired by the County to work within or on Facilities shall be subject to
approval by Facility Owner(s). In all agreements with contractors, the Facility Owner(s) may
require the County to specify that the contractors attend one or more pre - construction
meetings with the appropriate Participating Agencies and Facility Owners to review
installation requirements for the Work and any restrictions or other requirements that must be
adhered to prior to any Work being performed in or on Facilities. The contractor agreement
shall state that the Facility Owner or the Participating Agency has authority to stop
inadequate or unsafe Work, or to require that inadequate or unsafe Work be corrected as
provided for in this Agreement.
C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS
In choosing to co- locate components of the Fiber Optic Project in Facilities, the Participating
Agencies acknowledge that there are risks associated with having components of the Fiber
Optic Project co- located within any such Facility. Participating Agencies explicitly
understand that risks include bearing all costs, except such costs caused by the gross
negligence or willful misconduct of the Facility Owner, including but not limited to:
provision of alternative communication paths needed by the Participating Agencies, loss of
Participating Agency business, and restoration of their fiber systems if they are damaged.
D. ACCESS TO AND USE OF FACILITIES
The County shall obtain access to and use of Facilities from Facility Owners for the purpose
of installing, maintaining, and repairing components of the Fiber Optic Project, including all
agreements, approvals, permissions, and permits required. Such access shall be subject to
Facility availability as determined by the Facility Manager and any conditions specified by
the Facility Owner.
1. Permission to Enter
Access to Facilities shall be allowed only after the Facility Owner has been notified and
permission has been granted by the Facility Owner.
2. Requests for Access
All requests for access to Facilities must be made through the appropriate Facility
Manager in writing, and shall be subject to the terms and conditions of this Agreement.
In the event of an emergency, requests for access may be made in person or by telephone.
In such cases, prompt written documentation of the request will follow.
16
3. Buildings
If the County desires to use space in any building, the County shall comply with the
restrictions and conditions specified by the designated building manager.
4. Conformance to Regulations
Access to and use of any Facility shall be in conformance with all codes, regulations, and
requirements.
E. BUILDING ENTRANCES
Where applicable, in the event that a Building Entrance owned or controlled by one of the
Participating Agencies is not usable for either entering a building or for providing access to
the location in a building where the Participating Agencies have installed Fiber Optic Project
components, the County has the responsibility for making alternative arrangements for
building access with the building owner. The expense associated with an alternative Building
Entrance shall be borne by the Participating Agencies using the building.
F. MODIFICATIONS TO FACILITIES
At the County's request, the Facility Owner shall make necessary modifications to any
existing Facilities to enable building access for the Fiber Optic Project. Any requests by the
County for such modifications shall be made to the Facility Owner and /or Manager.
G. RELOCATION OF FIBER OPTIC CABLE
The County will work with the Facility Owner to ensure that the Fiber Optic Cable within or
on Facilities is designed and constructed to minimize the likely need for future relocation.
The Facility Owner has the right of pre- approval and post - construction acceptance of any
work required either to remove cable from within or on Facilities or to place cable within or
on alternative Facilities.
1. All relocations of Fiber Optic Cable, regardless of reason, will be managed by the
County. All relocations will be managed as a part of and under the terms and conditions
of this Agreement.
2. Notice
Except for emergency situations, the Facility Owner will give the County at least 90 Days
notice of the need to relocate any components of the Fiber Optic Project located within or
on Facilities.
3. Relocation
When relocation is required, the Facility Owner may, when possible, provide substitute
Facilities within or on which the Participating Agencies may relocate the components of
the Fiber Optic Project.
H. PROPERTY RIGHTS
Nothing in the terms of this Agreement shall be construed to convey to the Participating
Agencies any property rights in existing Facilities of a Facility Owner. Nothing in the terms
of this Agreement shall be construed to compel a Facility Owner to maintain any of its
Facilities for a period longer than is necessary for its own service requirements. In the event
that Facilities are abandoned by the Facility Owner, the Participating Agencies may remain in
such Facilities at their own risk, subject to the approval of the Facility Owner. Any ownership
rights in Facilities created or constructed as part of the Fiber Optic Project will be allocated
per this Agreement.
17
I. DEFAULT AND DISPUTE RESOLUTION
The Participating Agencies desire, if possible, to resolve disputes, controversies, and claims
( "Disputes ") arising out of this Agreement without litigation.
To that end, if any Participating Agency believes that another Participating Agency, whether
as a Participating Agency, Facility Owner, or Lead Agency, has failed to perform any
obligation under this Agreement or has performed such obligation in a manner inconsistent
with this Agreement, then the Participating Agency shall provide written notice to all
Participating Agencies, stating with specificity the nature of the Dispute.
Thereafter, each Participating Agency shall appoint a knowledgeable, responsible
management representative to meet within 30 Days of the date of the written notice and
negotiate in good faith to resolve any Dispute.
The Participating Agencies agree that the discussions and correspondence among the
representatives for purposes of Dispute resolution shall be treated as confidential information
developed for purposes of settlement, shall be exempt from discovery and production, and
shall not be admissible in any action or proceeding arising under or concerning this
Agreement without the agreement of the parties to the dispute. Documents identified in or
provided with such communications that are not prepared for purposes of the negotiations are
not so exempted and may, if otherwise admissible, be admitted in evidence in any such action
or proceeding.
If the negotiations between the Participating Agencies do not resolve the Dispute within 60
Days of the initial written request, the Dispute shall be submitted to mediation with a
mediator chosen by mutual agreement of the parties.
Each Participating Agency shall bear its own cost of these Dispute resolution procedures. The
Participating Agencies that are party to the mediation shall equally share the fees of the
mediation and the mediator.
Nothing in this paragraph precludes any Participating Agency from seeking relief from King
County Superior Court should mediation efforts be unsuccessful.
Ix. RELATIONSHIP BETWEEN THE COUNTY AND CONTRACTORS
A. RESPONSIBILITY
The County as Lead Agency is responsible for ensuring that the applicable terms and
conditions of this Agreement are included in agreements with Facility Owners and
contractors. However, each contractor shall be held liable for any negligence, intentional acts,
or willful or wanton misconduct caused by its performance or failure to perform the work
under this Agreement or any contracts with the County.
B. APPROVALS
All contractors hired by the County to work within or on Facilities shall be subject to
approval by Facility Owners. In all agreements with contractors, the Facility Owner(s) may
require the County to require such contractors to attend a pre - construction meeting with the
appropriate authority to review installation requirements and work restrictions prior to any
work being performed in or on Facilities. The contractor's agreement shall state that the
Facility Owner or the jurisdiction having rights -of -way has authority to stop Work or require
that inadequate Work be corrected.
18
C. INSURANCE
Prior to undertaking any work under any this Agreement, the County shall ensure that all
contractors, at no expense to the County, Participating Agencies and Facility Owner(s), have
obtained and filed with the County acceptable evidence of a policy or policies of insurance as
enumerated in this Agreement.
X. INDEMNIFICATION AND LIMITATION OF LIABILITY
A. LIMITATION OF LIABILITY AND INDEMNITY — THE COUNTY AS LEAD AGENCY
The County, when acting in the capacity as Lead Agency, shall not be liable, in law or in
equity, to the Facility Owner, Participating Agencies, or any subsequent user for any damages
relating to the interruption of service or interference with the operation of the Fiber Optic
Project, except to the extent caused by the gross negligence or willful misconduct of the
County. The Facility Owners and Participating Agencies shall indemnify and save harmless
the County, its officers, employees, and agents from all claims, actions, liability, and damages
of any nature arising out of any act or omission, except in the event of gross negligence or
willful misconduct by the County in connection with this Agreement.
If any claim arises to which this indemnification provision may be applicable, the Facility
Owner shall immediately upon learning of such claim notify the County, and upon such
notice, the County shall promptly notify the Participating Agencies. The Participating
Agencies may, at their option, settle or compromise such claim. In no event shall the Facility
Owner or the County have the right to pay, settle, or otherwise compromise such claim
without the prior written consent of the Participating Agencies, who shall not unreasonably
withhold such consent.
THE COUNTY AS LEAD AGENCY SHALL NOT BE LIABLE TO THE FACILITY
OWNER, PARTICIPATING AGENCIES, OR THEIR USERS OR ANY SUBSEQUENT
USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO
AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR
ASSOCIATED EQUIPMENT.
B. LIMITATION OF LIABILITY AND INDEMNITY — FACILITY OWNERS
Facility Owners, when acting in that capacity, shall not be liable, in law or in equity, to the
County as Lead Agency, to Participating Agencies, or to any subsequent user for any
damages relating to the interruption of service or interference with the operation of the Fiber
Optic Project, except to the extent caused by the gross negligence or willful misconduct of
the Facility Owner. The County as Lead Agency and Participating Agencies shall indemnify
and save harmless Facility Owners and Facility Owners' officers, employees, and agents
from all claims, actions, liability, and damages of any nature arising out of any act or
omission, except in the event of gross negligence or willful misconduct by the Facility Owner
in connection with this Agreement.
If any claim arises to which this indemnification provision may be applicable, the Facility
Owner shall immediately upon learning of such claim notify the County as Lead Agency, and
upon such notice, the County shall promptly notify the Participating Agencies. The
Participating Agencies may, at their option, settle or compromise such claim. In no event
shall the Facility Owner or the County have the right to pay, settle, or otherwise compromise
such claim without the prior written consent of the Participating Agencies, who shall not
unreasonably withhold such consent.
19
THE FACILITY OWNER SHALL NOT BE LIABLE TO THE PARTICIPATING
AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY
CIRCUMSTANCES FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF
SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED
EQUIPMENT.
C. LIMITATION OF LIABILITY AND INDEMNITY — PARTICIPATING AGENCIES
A Participating Agency, when acting in that capacity, shall not be liable, in law or in equity,
to the Lead Agency, the Facility Owners or any other Participating Agency, or any
subsequent user for any damages relating to interruption of service or interference with the
operation of the Fiber Optic Project, except to the extent caused by the gross negligence or
willful misconduct of that Participating Agency. The County as Lead Agency, the Facility
Owner, and the other Participating Agencies shall indemnify and save harmless a
Participating Agency and its officers, employees, and agents from all claims, actions,
liability, and damages of any nature arising out of any act or omission, except in the event of
gross negligence or willful misconduct by that Participating Agency in connection with this
Agreement.
If any claim arises to which this indemnification provision may be applicable, the Facility
Owner shall immediately upon learning of such claim notify the County as Lead Agency, and
upon such notice, the County shall promptly notify the Participating Agencies. The
Participating Agencies may, at their option, settle or compromise such claim. In no event
shall the Facility Owner or the County have the right to pay, settle or otherwise compromise
such claim without the prior written consent of the Participating Agencies, who shall not
unreasonably withhold such consent.
A PARTICIPATING AGENCY SHALL NOT BE LIABLE TO THE COUNTY AS LEAD
AGENCY, THE FACILITY OWNER, OR OTHER PARTICIPATING AGENCIES OR
THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES
ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR
DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT.
xi. ADDITIONAL TERMS AND CONDITIONS
A. LAWS, LICENSES, AND PERMITS
1. General Requirement
All work done under this Agreement shall comply with all applicable federal, state, and
local laws, and all rules, regulations, orders, and directives of relevant administrative
agencies.
2. Licenses, Permits, and Similar Authorizations
The Participating Agencies shall have and maintain in effect at all times all necessary
franchises, licenses, permits, consents, and easements from federal, state, and local
authorities and the owners of rights -of -way and private property. The Participating
Agencies will comply with all requirements thereof to install, construct, maintain,
operate, and remove any fiber optic installation(s).
20
B. PERFORMANCE
Each Participating Agency will perform all of its obligations under this Agreement in a
timely manner.
C. AGREEMENT TERM
This Agreement shall become effective upon the execution of all Participating Agencies, and
unless terminated in accordance with the terms of this Agreement, shall continue to a term of
20 years.
One year prior to the expiration of this 20 -year period, the Participating Agencies shall in
good faith negotiate a renewal agreement for an additional 20 -year period or terminate their
participation according to the provisions of this Agreement. Under the terms of any renewal
agreement, the Participating Agencies shall continue to make payments as specified in this
Agreement.
Terms and conditions of this Agreement that have expired shall remain in effect until
superseded by a new agreement.
D. TERMINATION FOR CAUSE
Any Participating Agency may terminate this Agreement in the event that another party fails
to perform its obligations as described in this Agreement, and such failure has not been
corrected to the reasonable satisfaction of the other in a timely manner after notice of breach
has been provided by such other Party.
Notice of termination shall be given by the Participating Agency terminating this Agreement
to the others not less than 45 Days prior to the effective date of termination.
E. FORCE MAJEURE
The term "force majeure" shall include, without limitation by the following enumeration:
acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for
purpose of emergency repairs, and industrial, civil or public disturbances causing the inability
to perform the requirements of this Agreement. If a party is rendered unable, wholly or in
part, by a force majeure event or any other cause not within such party's control, to perform
or comply with any obligation or condition of this Agreement, upon giving notice and
reasonably full particulars to the other party, such obligation or condition shall be suspended
only for the time and to the extent commercially practicable to restore normal operations. In
the event that any party ceases to be excused pursuant to this provision, then the other parties,
including the County as Lead Agency, shall be entitled to exercise any remedies otherwise
provided for in this Agreement. Whenever a force majeure event causes a party to allocate
limited resources between or among a party's other obligations, the Work under this
Agreement shall receive no less priority in respect to such allocation than any of the
Participating Agencies' other projects.
F. NO WAIVER
No term or provision hereof shall be deemed waived or consented to, and no breach excused
unless such waiver or consent shall be in writing and signed by the Participating Agency
claimed to have waived or consented.
Failure of any one or more Participating Agencies to insist upon strict performance of, or a
Participating Agency's waiver of, any of the terms, conditions, or obligations of this
Agreement, shall not be a waiver of any other term, condition, covenant, or obligation, or of
any subsequent default by breach of the same or other term, condition, covenant or obligation
21
contained herein by any one or more Participating Agencies, nor shall such action or inaction
by any one or more Participating Agencies be construed as to bind or prejudice any other
Participating Agency.
G. SEVERABILITY
In the event any section, sentence, clause, or phrase of this Agreement is adjudicated to be
invalid or illegal by a court of competent jurisdiction, the remainder of this Agreement shall
be unaffected by such adjudication and all other provisions shall remain in full force and
effect as though the section, clause, or phrase so adjudicated to be invalid had not been
included herein. The Participating Agencies agree to negotiate a replacement section,
sentence, clause, or phrase that is legal and most closely represents the original intent of the
Participating Agencies.
H. RIGHTS CUMULATIVE
The rights and remedies of the Participating Agencies provided for under this Agreement are
in addition to any other rights and remedies provided by law. The failure to exercise on any
occasion any right shall not operate to forfeit such right on another occasion. The use of one
remedy shall not exclude or waive the right to use another.
I. CONTRACTUAL RELATIONSHIP
This Agreement does not constitute the Participating Agencies as the agent or legal
representative of a Facility Owner for any purpose whatsoever. The Participating Agencies
are not granted any express or implied right or authority to assume or create any obligation or
responsibility on behalf of or in the name of the Facility Owner or to bind the Facility Owner
in any manner or thing whatsoever.
HEADINGS
The titles of sections are for convenience only and do not define or limit the contents.
K. APPLICABLE LAW AND 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
King County.
L. BINDING EFFECTS
The provisions, covenants, and conditions in the General Terms and Conditions apply to bind
the Participating Agencies and their legal heirs, representatives, successors, and assigns.
M. ASSIGNMENT
No Participating Agency shall assign its rights or assign its duties under this Agreement
without the prior written consent of the other Participating Agencies, which consent shall not
be unreasonably withheld.
N. NOTICES
All notices and other materials to be delivered hereunder shall be in writing and shall be
delivered or mailed to the addresses as identified in this Agreement.
22
O. MODIFICATION OR AMENDMENT
No modification to or amendment of the provisions of the General Terms and Conditions
shall be effective unless in writing and signed by authorized representatives of the
Participating Agencies to this Agreement. The Participating Agencies expressly reserve the
right to modify any agreement, from time to time, by mutual agreement.
P EXECUTED IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be an
original, but all of which together shall constitute but one instrument.
23
IN WITNESS WHEREOF, the Participating Agencies hereto have executed this Agreement on the
respective dates indicated below.
Approved as to Form
Kevin Desmond Anh Nguyen
General Manager, King County Metro Transit Prosecuting Attorney
24
Approved as to Form
, City of Burien City Attorney
25
Approved as to Form
Date: Date:
Todd Cutts, City Manager, City of SeaTac Mary Mirante - Bartolo, City Attorney
26
Approved as to Form
Date: Date:
Jim Haggerton, Mayor, City of Tukwila , City Attorney
27
Approved as to Form
, City of Renton City Attorney
28
Attachment 1: F Line Fiber Route Schematic
F Line RapidRide Fiber Route Schematic � 1`���
Legend v
♦ New RapidRide ITS Cabinet (336 Type) 288 -CT Fiber Trunk
• New Double Door P Cabinet 48 CT Fiber Trunk y # tv
N 0th5
■ New RapidRide Termination Cabinet (332 Type) 24CT Lateral w
0 Existing Termination Cabinet Transvalley Fiber ¢� Q
72 -CT Fiber Trunk (conduit) - - � � 1 -PR Connection via City Fiber v ,A w
__= 72 -CT Fiber Trunk (aerial] 96 CT Fiber TrunkInstalled by Others `,,, � N4hst�
� n5sro 8t
144 -CT Fiber Trunk
- - - - 4 -PR Connection via City Fiber v` ` k� 2.
V r r y� y`
0 080 1 700 3 400 5 100
6,2'1
800 a \
oSs
t Backhaul connection at - _
� Bunen PR�2 via Kng County WAN � t � � 1_4-1, �. ,,,, _ � v
'� i ' `1 57th 5t
"�v yv 4"!-----4----i— TUKWILA
o� , w 7
5 th t \�,A� ��v
>a A .. ` \ I 5 .....
...... S 1563h St � .... wV...... t ,�. " �A
.....� .�...� �. `" �° A \AAA yA � Backhau1connection _ v V
-`�Vy. v " at Renton City Hall via
SI_ATAE
_ , . ", � v,� , � v � WSBOT Traffic Buster -
\\ -' I =� ,' 4 ° Tukwila Pkwy, a
=.. \ ? \ 2
Potent el badrhaul mnnedion at SR 618 r e A v � v \i""--- Hij WSCOT rr nihub via Tra ffc Buster ti �?` � - " a �`
�� ' -• �- S trander el rL \
� _ � SW 27th �t ®w
o � a
cE
v
,� �� Backhaul connection et SR 167/ 1 11
°® Connection to KC Co neecllon to K at 180 St King County termination
g
Connection to KC County WAN
�.� m Transvalley fiber at - - = exi sting cabinet oun sc
et
v :: ., .............. ,_ existing cabinet _ - cabinet v il I I ab
v 1
s a. Est
Associates
P45 anV IlaMod
MS anV aleps.lep
Nl mimed 65pi "
29
Attachment 2
Project Elements: F Line RapidRide Fiber Optic Project
Element 1 (Trunk: 41 Ave SW from SW 1501 St to SW 153rd St)
The installation of a 72- strand fiber trunk line with fiber distribution as follows:
King County RapidRide:
Local Agency Communication (City of Burien):
Interagency Communications:
24 Strands (1 -24)
24 Strands (25 -48)
24 Strands (49 -72)
Element 2 (Trunk (Aerial): 4 Ave SW from SW 153rd St to SW 156' St and SW 156' Street from 4
Ave SW to Des Moines Memorial Drive)
The installation of a 72- strand fiber trunk line with fiber distribution as follows:
King County RapidRide:
Local Agency Communication (City of Burien):
Interagency Communications:
24 Strands (1 -24)
24 Strands (25 -48)
24 Strands (49 -72)
Element 3(TSC Laterals: 41 Ave SW from SW 1501 St to SW 1561 St and SW 1561 St from 41 Ave SW
to 1s` Ave S)
The installation of 12- strand fiber laterals, from trunk to traffic signal control cabinets dedicated to the
City of Burien.
Element 4 (ITS Laterals: 41 Ave SW from SW 1501 St to SW 1561 St and SW 1561 St from 41 Ave SW
to 11 Ave S)
The installation of 12- strand fiber laterals, from trunk line to ITS cabinets dedicated to King County
RapidRide.
Element 5 (Trunk: S 1561 St /S 1541 St from Des Moines Memorial Drive to International Blvd (SR 99))
The installation of a 72- strand trunk line with fiber distribution as follows:
King County RapidRide:
Local Agency Communication (City of SeaTac):
Interagency Communications:
24 Strands (1 -24)
24 Strands (25 -48)
24 Strands (49 -72)
Element 6 (TSC Laterals: S 1561 St /S 1541 St from Des Moines Memorial Drive to 241 Ave S)
The installation of 12- strand fiber laterals, from trunk to traffic signal control cabinets dedicated to the
City of SeaTac.
Element 7 (ITS Laterals: S 1561 St /S 1541 St from Des Moines Memorial Drive to International Blvd
tSR99))
The installation of 12- strand fiber laterals, from trunk line to ITS cabinets dedicated to King County
RapidRide.
30
Element 8 (Trunk: S 1541 St /International Blvd (SR 99) to SR 518 EB on- ramp /International Blvd (SR
99))
The installation of a 144 - strand trunk line with fiber distribution as follows:
King County RapidRide:
Local Agency Communication (City of Tukwila):
Local Agency Communication (City of SeaTac):
Interagency Communications:
48 Strands (1 -24, 73 -96)
24 Strands (25 -48)
24 Strands (97 -120)
48 Strands (49 -72, 121 -144)
Element 9 (Trunk: Southcenter Blvd from International Blvd (SR 99) to 62—d Ave S)
The installation of a 72- strand trunk line with fiber distribution as follows:
King County RapidRide:
Local Agency Communication (City of Tukwila):
Interagency Communications:
24 strands (1 -24)
24 strands (25 -48)
24 strands (48 -72)
Element 10 (Trunk: Southcenter Blvd from 62'1 Ave S to West Valley Highway (SR 181))
The installation of a 144 - strand trunk line with fiber distribution as follows:
King County RapidRide:
Local Agency Communication (City of Tukwila):
Interagency Communications:
24 strands (1 -24)
96 strands (25 -48, 73 -144)
24 strands (48 -72)
Element 11 (Trunk: West Valley Hwy (SR 181) from Strander Blvd to Grady Way)
The installation of a 72- strand fiber trunk with fiber distribution as follows:
King County RapidRide:
Local Agency Communication (City of Tukwila)
Interagency Communication:
24 Strands (1 -24)
24 Strands (25 -48)
24 strands (49 -72)
Element 12 (ITS Laterals: Southcenter Blvd from International Blvd (SR99) to 661 Ave S, Andover Park
E from Tukwila Parkway to Strander Blvd, Tukwila Parkway from Andover Park E to Andover Park W,
Baker Blvd from Andover Park E to Andover Park W, Strander Blvd from Andover Park W to West
Valley Hwy (SR 181), Longacres Way from West Valley Hwy to Tukwila Commuter Rail Station)
The installation of 24- strand fiber laterals from trunk line off of West Valley Highway to ITS cabinets
dedicated to King County RapidRide.
Element 13 (Trunk: S Grady Way from West Valley Highway to Powell Ave S, Powell Ave S from
Grady Way to S 71 St, S 71 St from Powell Ave S to Rainier Ave S)
The installation of a 288 - strand fiber trunk line with fiber distribution as follows:
King County RapidRide: 24 Strands (1 -24)
Local Agency Communication (City of Renton): 24 Strands (25 -48)
31
Interagency Communication: 24 Strands (49 -72)
Community Connectivity Consortium: 216 Strands (73 -288)
Element 14 (Trunk: S 3rd St from Rainier Ave S to Wells Ave S, S 2nd St from Rainier Ave S to Burnett
Ave S, Burnett Ave S from S 2nd St to S 3r St)
The installation of a 48- strand fiber trunk line with fiber distribution as follows:
King County RapidRide: 24 Strands (1 -24)
Local Agency Communication (City of Renton): 24 Strands (25 -48)
Element 15 (Trunk: Rainier Ave S installed by City of Renton)
The installation of a 96- strand fiber trunk line with fiber distribution as follows:
Local Agency Communication (City of Renton): 72 Strands (1 -72)
King County RapidRide: 24 Strands (73 -96)
Element 16 (ITS Laterals: SW 27`—'' St from Oakesdale Ave SW to Tukwila Commuter Rail Station,
Oakesdale Ave SW from SW 2711 St to S Grady Way, Lind Ave S from SW 1611 St to S 71 St )
The installation of 24- strand fiber laterals, from trunk line off of Grady Way and S 7d' St to ITS cabinets
dedicated to King County RapidRide.
Element 17 (ITS Laterals: Rainier Ave S from S 711 St to S 3rd St, S 3rd St from Rainier Ave S to Burnett
Ave S, S 2nd St from Burnett Ave S to Rainier Ave S)
The installation of 12- strand fiber laterals, from trunk line to ITS cabinets dedicated to King County
RapidRide.
Element 18 (RapidRide connection to the Renton Landing)
The City of Renton shall provide 8 strands of fiber within the City's existing fiber network on Wells Ave
S, Logan Ave N, N 8d' St, and Park Ave N to provide a network connection for the ITS cabinets at each
of the RapidRide intersection for the extension of the F Line RapidRide route to the Renton Landing
Element 19 (Fiber Termination Cabinets)
The installation of three (3) fiber termination cabinets at the following locations:
4th Ave SW /SW 153r1 St, Southcenter Blvd /62 "d Ave S, and S 7d' St /Rainier Ave S.
Element 20 (Fiber Connections to new and existing Fiber Termination Cabinets)
The installation of a 144 -count fiber connection from the two 72 -count trunks to the termination cabinet at
4th Ave SW /SE 153rd h St, and a 144 -count fiber connection from the two 72 -count trunks to the
termination cabinets at SR 518 /SR 99, A 144 -count and 72 -count connection from the 72 -count and 144 -
count trunks to the termination cabinet at Southcenter Blvd /62 "d Ave S, and a 72 -count and 36 -count
connection from the 288 -count and 96 -count trunks to the termination cabinet at S 7th St /Rainier Ave S.
Element 21 (12CT Lateral Backhaul Connection to KCWAN at Burien Transit Center)
32
The installation of a 12- strand fiber cable from the termination cabinet at 4d' Ave SW /SW 153rd St to the
electrical room in the Burien Transit Center parking garage.
Element 22 (Fiber Connection to the WSDOT Mini -Hub at State Route 518
Utilization of the existing King County RapidRide 12- strand fiber cable from the existing fiber
termination cabinet at SR 518/SR99 to the WSDOT fiber mini -hub at State Route 518.
Elements Provided by Others:
For Element 15 and a portion of Element 17 (Rainier Ave S project fiber trunk cable and laterals to ITS
cabinets), King County will enter into an agreement with the City of Renton. The City of Renton will
design and install the portion of this project on Rainier Ave S from S Grady Way to S 3rd St.
33
Attachment 3: Fiber Optic Project Cost Estimate
Description
Burien
SeaTac
Tukwila
Renton
TOTAL
Cabling, Conduit and Assoc. Construction
$180,745
$293,405
$437,553
$680,993
$ 1,592,695
RapidRide Communication Cabinet Work
$109,437
$72,850
$236,369
$335,049
$ 753,705
King County Provided Equipment
$24,600
$22,680
$84,040
$165,100
$ 296,420
Roadway, Signal and Channelization
$21,039
$11,980
$5,905
$18,000
$ 56,924
Design Contingency (20 %)
$67,164
$80,183
$152,773
$263,217
$ 563,337
Subtotal 1
$402,985
$481,098
$916,640
$1,462,358
$ 3,263,081
Traffic Control (7% of subtotal 1)
$28,209
$33,677
$64,165
$102,365
$ 228,416
TESC (5% of subtotal 1)
$20,149
$24,055
$45,832
$73,118
$ 163,154
Tax (9.5% of all above)
$42,878
$51,189
$97,530
$155,595
$ 347,192
Construction Subtotal
$494,221
$590,019
$1,124,167
$1,793,436
$ 4,001,843
Construction Engineering
(15% of Const Subtotal)
$74,133
$88,503
$168,625
$269,015
$ 600,276
Construction Contingency
(10% of Const Subtotal)
$49,422
$59,002
$112,417
$179,344
$ 400,184
Total
$617,776
$737,523
$1,405,209
$2,241,795
$ 5,002,303
34
Attachment 4: Schematic of Typical RapidRide Fiber Optic Components
F -Line RapidRide
Schematic of Typical RapidRide Fiber Optic Components
Effl 1111E HE HE 111IN 111111111111111111 1RM 11111111111111111111111111
Fiber Optic Trunk Cable
Fiber Optic Lateral Cable
Conduit Included in the Fiber Optic Agreement
WuWWWWWWWWmmmmm
Home Run JB
ME MI
TSC
Cabinet
25TA
Fiber Vault
lu
Rap'dRide
Cabinet
Demarcation Point
Splice Case
35
Attachment 5: Ownership and Maintenance Responsibilities of Fiber Optic Project Elements
Project Element
Ownership
Maintenance
Agency
Proportional Cost Sharing
Element 1 (4fh Ave SW from SW 150fh St to SW 153rd St): 72- strand fiber trunk cable
King County
King County (50 %)
City of Burien (50 %)
King County RapidRide 24 Strands (1 -24)
King County
City of Burien Communication 24 Strands (25 -48)
City of Burien
Interagency Communications: 24 Strands (49 -72)
King County
Element 2 (4fh Ave SW from SW 153rd St to SW 156fh Street and SW 156fh Street from
4fh Ave SW to Des Moines Memorial Drive): 72- strand fiber trunk cable
King County
King County (50 %)
City of Burien (50 %)
King County RapidRide 24 Strands (1 -24)
King County
City of Burien Communication 24 Strands (25 -48)
City of Burien
Interagency Communications: 24 Strands (49 -72)
King County
Element 3 (4fh Ave SW from SW 150fh St to SW 156fh Street and SW 156fh Street from
4fh Ave SW to 1st Ave S): 12- strand fiber laterals, trunk to traffic signal control
cabinets
City of Burien
City of Burien
City of Burien (100 %)
Element 4 (4fh Ave SW from SW 150fh St to SW 156fh Street and SW 156fh Street from
4fh Ave SW to 1st Ave S): 12- strand fiber laterals, trunk line to ITS cabinets
King County
King County
King County (100 %)
Element 5 (S 156fh St/S 154fh St from Des Moines Memorial Drive to International
Blvd (SR 99)): 72- strand fiber trunk cable
King County
King County (50 %)
City of SeaTac (50 %)
King County RapidRide: 24 Strands (1 -24)
King County
City of SeaTac Communications: 24 Strands (25 -48)
City of SeaTac
Interagency Communications: 24 Strands (49 -72)
King County
Element 6 (S 156fh St/S154th St from Des Moines Memorial Drive to 24fh Ave S): 12-
strand fiber laterals, trunk to traffic signal control cabinets
City of SeaTac
City of SeaTac
City of SeaTac (100 %)
Element 7 (S 156fh St/S154th St from Des Moines Memorial Drive to International
Blvd (SR99)): 12- strand fiber laterals, trunk line to ITS cabinets
King County
King County
King County (100 %)
Element 8 (International Blvd (SR 99) from S 154fh St/International Blvd to SR 518
EB on- ramp /International Blvd): 144 - strand fiber trunk cable
King County
King County (67 %)
City of Tukwila (16.5 %)
City of SeaTac (16.5 %)
King County RapidRide: 48 Strands (1 -24, 73 -96)
King County
City of Tukwila Communication: 24 Strands (25 -48)
City of Tukwila
City of SeaTac Communications: 24 Strands (97 -120)
City of SeaTac
Interagency Communications: 48 Strands (49 -72, 121 -144)
King County
Element 9 (Southcenter Blvd from International Blvd (SR 99) to 62°d Ave S): 72-
strand fiber trunk cable
King County
King County (50 %)
City of Tukwila (50 %)
King County RapidRide: 24 strands (1 -24)
King County
City of Tukwila Communication: 24 strands (25 -48)
City of Tukwila
Interagency Communications: 24 strands (49 -72)
King County
Element 10 (Southcenter Blvd 62°d Ave S to West Valley Hwy (SR181): 144 - strand
fiber trunk cable
King County
King County (25 %)
City of Tukwila (75 %)
King County RapidRide: 24 strands (1 -24)
King County
City of Tukwila Communication: 96 strands (25 -48, 73 -144)
City of Tukwila
Interagency Communications: 24 strands (49 -72)
King County
Element 11 (West Valley Hwy from Strander Blvd to Grady Way): 72- strand trunk
cable
King County
King County (50 %)
City of Tukwila (50 %)
King County RapidRide: 24 Strands (1 -24)
King County
City of Tukwila Communication: 24 Strands (25 -48)
City of Tukwila
Interagency Communication: 24 Strands (49 -72)
King County
Element 12 (Southcenter Blvd from International Blvd (SR99) to 66th Ave S, Andover
Park E from Tukwila Parkway to Strander Blvd, Tukwila Parkway from Andover
Park E to Andover Park W, Baker Blvd from Andover Park E to Andover Park W,
Strander Blvd from Andover Park W to West Valley Hwy (SR 181), Longacres Way
from West Valley Hwy to Tukwila Commuter Rail Station: 12 and 24- strand fiber
laterals, trunk to ITS cabinets
King County
King County
King County (100 %)
Element 13 (S Grady Way from West Valley Highway to Powell Ave S, Powell Ave S
from Grady Way to S 7th St, S 7th St from Powell Ave S to Rainier Ave S): 288-
strand trunk cable
King County
King County (16.5 %)
City of Renton (8.5 %)
CCC (75 %)
King County RapidRide: 24 Strands (1 -24)
King County
City of Renton Communication: 24 Strands (25 -48)
City of Renton
Interagency Communication: 24 Strands (49 -72)
King County
Community Connectivity Consortium (CCC): 216 Strands (73 -288)
CCC
Element 14 (S 3rd St from Rainier Ave S to Wells Ave S, S 2nd St from Rainier Ave S
to Burnett Ave S, Burnett Ave S from S 2nd St to S 3rd St): 48- strand fiber trunk
cable
King County
King County (50 %)
City of Renton (50 %)
King County RapidRide: 24 Strands (1 -24)
King County
City of Renton Communication: 24 Strands (25 -48)
City of Renton
Element 15 (Rainier Ave S installed by City of Renton): 96- strand fiber trunk cable
King County
King County (25 %)
City of Renton (75 %)
City of Renton Communication: 24 Strands (1 -72)
City of Renton
King County RapidRide: 24 Strands (73 -96)
King County
Element 16 (SW 27th St from Oakesdale Ave SW to Tukwila Commuter Rail Station,
Oakesdale Ave SW from SW 27th St to S Grady Way, Lind Ave S from SW 16th St to
S 7th St): 24- strand fiber laterals, trunk to ITS cabinets
King County
King County
King County (100 %)
Element 17 (Rainier Ave S from S 7th St to S 3rd St, S 3rd St from Rainier Ave S to
Burnett Ave S, S 2nd St from Burnett Ave S to Rainier Ave S): 12- strand fiber
laterals, trunk to ITS cabinets
King County
King County
King County (100 %)
36
Project Element
Ownership
Maintenance
Agency
Proportional Cost Sharing
Element 18 (RapidRide Connection to the Renton Landing): 8- strands of existing City
of Renton fiber to each RapidRide intersection in the Renton Landing to provide a
network connection for the RapidRide ITS cabinets.
City of Renton
King County (25 %)
King County RapidRide: 8 Strands (TBD of City of Renton Fiber)
King County
Element 19 (Fiber Termination Cabinets): Three (3) fiber termination cabinets at SW
153rd St/4fh Ave SW, Southcenter Blvd /62nd Ave S, S 7fh St/Rainier Ave S
King County
King County
King County (100 %)
Element 20 (Connections to new and existing Fiber Termination Cabinets): 144 -count
fiber connection from the 72- strand trunks to the termination cabinet at SW 153rd
St/4fh Ave SW and at SR 518/SR99, 72 -count and 144 -count connection from the 72-
strand and 144 - strand trunks to the termination cabinet at Southcenter Blvd /62nd Ave
S, and 144 -count and 36 -count fiber connection from the 288- strand and 96- strand
trunks to the termination cabinet at S 7fh St/Rainier Ave S
King County
King County
King County (100 %)
Element 21 (Fiber Connection to KC WAN at Burien Transit Center): 12- strand fiber
cable from termination cabinet at SW 153rd St/4fh Ave SW into electrical room in
Burien Transit Center parking garage
King County
King County
King County (100 %)
Element 22 (Fiber Connection to WSDOT at State Route 518): Utilize the existing 12-
strand fiber cable from termination cabinet at SR 518 /SR99 to WSDOT mini -hub at
State Route 518
King County
King County
King County (100 %)
37
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Jack Pace, Community Development Directo
BY: Lynn Miranda, Senior Planner /1/1A
DATE: June 26,2013
SUBJECT: Contract Supplement for Services related to the Supplemental
Environmental Impact Statement (SEIS) for Tulcwila's Urban Center Plan
ISSUE
Approve a contract and supplement for services related to the Draf Supplemental
Environmental Impact Statement (GE|8), including completing an air quality impact analysis, for
the Southcenter Subarea Plan. Preparation of the SEIS is fully funded by the federal Tukwila
Urban Center/TOD grant.
BACKGROUND
The Planning Commission completed their initial review of the draft Southcenter Plan, revised
TMC Chapter 18.28 TUC, and Southcenter Design Manual in October, 2012. A non-p jeo1
SE|Siabeingprapergd0oeva|uatoandcVmpamapotenda|impactof[oma"NoAcdon
A|te[na1iVe"and1he"PuJpmeedAcdon"(thedraf Southcenter Plan) on land use, aesthetics,
transportation, and air quality, and how those impacts might be mitigated. Environmental review
must be completed prior to the City Council considering adoption of the draft Southcenter Plan
and implementing regulations.
The majority of the draft environmental impact analysis is completed. The remaining work
consists of the air quality portion of the transportation impact analysis. In the original scope of
work the consultant team assumed that they would be able to leverage prior work in the area to
qualitatively describe the potential air quality impacts from the auto trips associated with the new
development anticipated under the Proposed Action (draft Southcenter Plan) scenario.
Hnxvave[, after an extensive search of records in Seattle, East King County, and South King
County by the consultant, no intersection transportation air quality analysis was found with
comparable 2031 traffic volumes and delay, and using the required modeling software.
DISCUSSION
Additional funding is required to perform a detailed SEPA-level quantitative carbon monoxide
dispersion model analysis for the Proposed Action scenario. The results of the air quality
analysis will be documented in a memorandum with background text describing the relevant
policies and practices that are relevant to SEPA air quality analysis.
The original contract for services to develop the transportation chapter for the SEIS was for
$39,719.62. A contract supplement for $5,500 is needed to complete the air quality
impacticonformity review, bringing the new total amount authorized to $45,219.62. City Council
approval of the contract supplement is required.
FINANCIAL IMPACT
The $45,219.62 contract supplement is fully funded by the federal Tukwila Urban Center/ Transit
Oriented Development grant. No additional City funding is needed.
38
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Transportation Committee is being asked to approve the contract supplement for a new
total amount authorized of $45,219.62, and to forward the contract supplement to the City
Council's July 15, 2013 Regular Meeting Consent Agenda for approval.
ATTACHMENTS
Supplemental Agreement with a New Maximum Amount Payable of $45,219.62
Local Agency Standard Consultant Agreement with Fehr & Peers for $39,719.62
W:IUsers\LYNNMIGrant Admin\Fehr&Peers\CC memo_AQ_2.doc
39
=1'4111t Washington State
WA V Department of Transportation
Supplemental Agreement
�� x~n~n— u«pn ����..~— nn�
Number
-
Organization
Fehr &cPeers
lO044�A�
Suite 4120
Seattle, WA 98154
Phone: 206.576.4220
Original Agreement Number
LA-5377 (13-052)
Project Number
TCSP (010)
Execution Date
3/4/2013
Completion Date
12/30/2013
Project Title
Tukwila Urban Center Plan SEIS
New&1oximumAmountPayab|o
$ 45,219.62
Description of Work
Prepare the revised transportation chapter of the Supplemental Environmental Impact Statement (SEIS) on
Tukwila's Urban Center (TUC) Plan
The Local Agency of City of Tukwila, Washington
desires to supplement the agreement entered into with Fehr & Peer
and executed on 3/4/2013 and identified as Agreement No. LA-5377 (13-052)
All provisions in the basic agreemen remain in effect excep as expressly modified by this supplement.
The changes to the agreement are described as follows
Section 1, SCOPE OF WORK, is hereby changed to read:
Replace existing Task 6 with the new Task 6 nn attached sheet
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: NA
Section V, PAYMENT, shall be amended as follows
Total amount mthorireJV15 219 62
Maximum amount payahle 45:219 62
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
By:
Fehr & Peers By: City of Tukwila, Washin on
DOT Form 140-063 EF
Revised 9/2005
Consultant Signature Approving Authority Signature
Date
40
City of Tukwila Supplemental Agreement with Fehr & Peers
Original Agreement Number LA-5377 (13-052)
Project Title: Tukwila Urban Center Plan SEIS
Section 1. SCOPE OF WORK, is hereby changed to read:
Exhibit A-1 Scope of Work
Task 6. Air Quality Conformity Analysis.
Environ will perform a detailed quantitative carbon monoxide dispersion model analysis for the Proposed
Action/High Density scenario. This will include preparing a SEPA level air quality hot-spot analysis
based on using MOVES emission rates and CAL3QHC dispersion modeling (for 2030 Proposed
Action/High Density Scenario). The results of the air quality analysis will be documented in a
memorandum with some background text describing the relevant policies and practices that are relevant
to SEPA air quality analysis.
41
13 -052
Council Approval N/A
Local Agency
Standard Consultant
Agreement
Consultant/Address/Telephone
Fehr & Peers
1004 4th Ave
Suite 4120
Seattle, WA 98154
206.576.4220
❑ Architectural /Engineering Agreement
IN Personal Services Agreement
Agreement Number
LA 5377
Project Title And Work Description
Prepare the revised transportation chapter of the
Supplemental EIS on Tukwila's Urban Center
(TUC) Plan
Federal Aid Number
TCSP (010)
Agreement Type (Choose one)
El Lump Sum
Lump Sum Amount $
%
® Cost Plus Fixed Fee
Overhead Progress Payment Rate
DBE Participation
El Yes ® No
Overhead Cost Method
❑ Actual Cost
❑ Actual Cost Not To Exceed
%
%
Federal ID Number or Social Security Number
91- 1393259
® Fixed Overhead Rate 172.97
Do you require a 1099 for IRS?
❑ Yes ® No
Completion Date
December 30, 2013
Fixed Fee $ 4,019.00
❑ Specific Rates Of Pay
❑ Negotiated Hourly Rate
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
Total Amount Authorized $
Management Reserve Fund $
Maximum Amount Payable $
39,719.62
39,719.62
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
❑ 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 L"j If day of h f y''C
between the Local Agency of the City of Tukwila
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
, Washington, hereinafter called the "AGENCY" ,
olvel
42
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced p ject, 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 de5nedond
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.
Ill General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, orindividuals 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 tnhcowecnthe AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progre x 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- ssisted 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 Busines 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
&(}BNCl/'S^DBEProQmmpurticipationP|au^ 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 sha l be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined io 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 uma
43
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 inExbihit`0~ 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, mmoriu|s, uupp|ico,
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-consultan 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 unles a prior written approval has been
issued by the AGENCY.
All reimbursable direc labor, overhead, direct non- salary costs and fixed fee costs for the sub-consultan 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 o[anynmrkor
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
44
third party as a consequence of any act or omissio on the part of the 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 Tr nsportation, 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 t ough 2000d-4a)
Federal-aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Ac of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimina on Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Ac of 1987
(Public Law 100-259)
American with Disabilities Ac 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 righ 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
45
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 ufb//nn,utype 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 ofterniination.
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
perfonn 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, partne orn(ficorn[ the CONSULTANT n 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 sur iving 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 }({V.
XI Disputes
Any dispute concerning questions of fac 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 unde 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 dku1
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
46
XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, arid local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contrac shall be interpreted and constnied 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 construc ion
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 withou 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
47
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 change 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 ocbudu|e, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any 'request for equitable adjustment", hereafter refenedioco'CLAlN[`,undcr
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 sha l place their endorsement on all p\aus, cgims¢cs, 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 refer nced attachments contain all covenants, stipulations, and provisions agr ed 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 :ountorpuns, 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 rnfa
48
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 Fehr & Peers
DOT Farm 140-089 EF
Revised 3/2008
Page 8 of 8
49
Exhibit A -1
Scope of Work
This draft scope of work outlines Fehr & Peers' tasks to develop a 2030 baseline model run and
transportation analysis for the Southcenter Subarea Plan EIS document.
Task 1— Update Travel Model
Fehr & Peers will update the land use data in the City of Tukwila Travel Demand Forecasting (TDF) Model
to reflect 2030 conditions without the land uses expected as part of the Southcenter Subarea Plan. The
City of Tukwila will provide Fehr & Peers population and employment (or non - residential square
footage) data by TAZ for this task.
In addition, Fehr & Peers will update the roadway network to reflect conditions without the Southcenter
Subarea plan. We anticipate one meeting with the City to finalize the TDF model updates.
Task 2 — Run and Post Process Travel Model
Fehr & Peers will run the TDF model with the updated data and post - process the data using the same
technique used for the Transportation Master Plan (TMP) update. The post - processed travel demand
data will reflect PM peak hour conditions.
Task 4 — Evaluate Traffic LOS
Fehr & Peers will use the TDF model data generated in Task 2 to update the Synchro /SimTraffic model
developed for the TMP update. We will develop a 2030 baseline PM peak hour Synchro /SimTraffic
model. We have reviewed the results of the TMP and based on the traffic analysis, we propose analyzing
the traffic LOS at the following intersections. These intersections are most likely to have a significant
adverse impact related to the Southcenter Subarea Plan land uses.
1. S 180`h St /Southcenter Pkwy
2. 5 180`h 5t /Andover Park West
3. S 180`h St /W Valley Hwy
4. Minkler Blvd /Southcenter Pkwy
5. Minkler Blvd /Andover Park West
6. Strander Blvd /Southcenter Pkwy
7. Strander Blvd /Andover Park West
8. Strander Blvd /Andover Park East
9. Strander Blvd /W Valley Hwy
10. 1 -5 Off- Ramp /Southcenter Pkwy
(Nordstrom)
11. Tukwila Pkwy /61" Ave
12. 1 -405 NB Ramps /W Valley Hwy
13. Southcenter Blvd /W Valley Hwy
14. 1 -405 SB Ramps /Interurban Ave
15. Southcenter Blvd/66th Ave
16. South center Blvd /61st Ave
17. Southcenter Blvd /I -405 SB Off -Ramp
18. Tukwila Pkwy /66th /Andover Park East
19. Tukwila Pkwy /Andover Park West
Task 5 — Qualitative Evaluation of other Non - Traffic Transportation Conditions
50
Fehr & Peers will qualitatively document the differences in the transportation system with and without
the proposed Southcenter Subarea Plan. This will form the basis for evaluating potential impacts and
benefits of the Southcenter Subarea Plan for transit, pedestrian travel, and bicycling. Specifically, as part
of this task, we will evaluate the potential traffic impacts of reconfiguring Andover Park East to include
bicycle lanes , parking, and other design features that would reduce auto capacity. Since the
reconfigurations would generally not impact the intersection operations, the focus of this analysis will
be on the midblock segments.
Task 6 — Air Quality Conformity Analysis
Environ will perform an air quality impact/ onformity review effort would include qualitative analysis
based on review of traffic intersection LOS analysis. Based on our knowledge of the study area, the air
quality conformity analysis will focus on the intersection of W. Valley Hwy./S. 180th St. since that
intersection has the highest traffic volumes in the study area and represents worst-case conditions in
the study area.
Environ will perform a simple screening review based on consideration of existing and projected future
LOS and comparison with other similarly-sized and similarly operating (i.e., LOS and volume)
intersections that have been previously analyzed using dispersion modeling. The results of the air quality
conformity analysis will be incorporated into a memo for review by City staff. Note that the memo will
not include any additional information that is occasionally included in a SEPA document (e.g., existing
setting and review of applicable rules and regulations). It is anticipated that the[ityortheE|S
consultant will provide this generic background information from other sources.
Task 7 — Evaluate Impacts
Using the data from Tasks 4 and 5, along with the traffic LOS data from the TMP update, Fehr & Peers
will identify and document potential transportation impacts from the Southcenter Subarea Plan. An
important element to this task will be a conference call with City staff to discuss a threshold of
significance for potential transportation impacts.
The results of this task will be incorporated into tables and maps for inclusion in the transportation
chapter of the [IS.
Task 8 — Identify Mitigation Measures
Fehr & Peers will work with the City staff to identify mitigation measures for any significant adverse
transportation impacts. It is envisioned that the mitigation measures will largely be derived from the
TMP, however, some additional mitigation measures may be included. To make this task more
streamlined, we propose holding a workshop with City staff to discuss and refine the initial set of
mitigation measures that will be included in the EIS document.
Task 9— Documentation
51
Fehr & Peers will document the methods, analysis results, impact findings, and mitigation measures in
either a stand-alone transportation impact report or the transportation chapter of an EIS. We will
submit a draft document for one round of review by City staff and we will respond to one set of
consolidated comments. After incorporating the comments, we will update and finalize the
documentation.
Task 1O—Meetings
Fehr & Peers anticipates attending three meetings with City staff during the course of the project (as
described in Tasks 1, 5, and 8). In addition, we have budgeted to attend one Planning Commission and
one City Council meeting.
52
Exhibit C
Electronic Exchange of Engineering and Other Data
The consultant will provide the City of Tukwila the following technical data in
support of the Southcenter EIS in electronic format:
• SynchrofSim Traffic files (Version 7)
• Updated travel model files EMME version 3.3
The consultant will provide the Synchro/SimTraffic files via email per the City's
request and the EMME files will be mailed on DVD per the City's request. The an
electronic copy of the document will be provided in Word and PDF format via
email.
53
Exhibit D-2
Payment (Cost Plus a Fixed Fee)
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
specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48
CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cuxt,
overhead, direc non-salary costs, and fixed fee.
I. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are
included as such on the books of the CONSULTANT in the normal everyday
keeping of its books. Progress payments shall be made at the rate shown in the
heudingof1hio/\G8EEK4ENTunder^^OverhcudYrogrmsPaymeot8u1e." Tou|
overhead payment shall be based on the method shown in the heading of the
AGREEMENT. The two options are explained as follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit, up to the Maxim um Total Amount Payable, authorized under
this AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown inBxhibit"E" attachrd hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used, the
CONSULTANT (prime and all sub-consultants) will submit to the AGENCY
within six (6) months after the end o/ each firm`sfiscal year, onoverhead
schedule in the format required by the AGENCY (cost category, dollar
expenditures, etc.) for the purpose of adjusting the overhead rate for billing
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140-089 EF Exhibit 0-2
Revised 6108
54
Failure to supply this information by either the prime CONSULTANT or any of their sub-
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
The AGENCY, STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate, if they so desire.
]
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
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
48CFD Part 3l2O5'46 "Travel Cost
b. The billing for Direct Non-Salary Costs shall include an itemized listing of
the charges directly identifiable wh 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.
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the
heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee, which could be authorized from the Management Reserve Fund. This
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-
hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed by the CONSULTANT and reported in the Monthly Progress Reports
accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in
the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund: The AGENCY ma 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
55
the lesser of $100,000 or 10% of the Total Amoun 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 XlV' "Extra Wock."6. 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 }(|\/, "Extra Work." No minimum amount payable is guaranteed under this
AGREEMENT.
B. Monthly Progr ss Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item including
Direct Salary, DiroctNon-Sa|ury' and allowable Overhead Costs to which will be added the
prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
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.
C. 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 agr ement 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 tha 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.
D. 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.
56
Exhibit E-1
Prime Consultant Fee Determination - Summary Sheet
Project: Southcenter Subarea Plan EIS
Prime Consultant: Fehr & Peers
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Principal 8 X $ 72.93 $ 583.44
Project Mgr./Travel Modeler 90 X $ 48.08 $ 4,327.20
Project Engineer/Planner 140 X $ 31.97 $ 4,475.80
GIS/Graphics 32 X $ 29.44 $ 942.08
Administrative 40 X $ 28.85 $ 1,154.00
Total DSC = $ 11,482.52
Overhead (OH Cost -- including Salary Additives):
OH Rate x DSC of
Fixed Fee (FF):
FF Rate x DSC of
Reimbursibles:
Prime Consultant Total
Grand Total
172.97% X $ 11,482.52 = $ 19,861.00
35% X $ 11,482.52 = $ 4,019.00
Travel $ 360.00
Printing, Meeting Materials $ 1,000.00
$ 36,723.00
$ 39,719.62
Prepared By: Chris Breiland Date: 2/11/2013
57
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Air Quality Analysis
DOT Form 140-089 EF Exhibit G
Revised 6/05
58
Exhibit G-1
Subconsultant Fee Determination - Summary Sheet
(Mandatory when Subconsultants are utilized)
Project: Southcenter Subarea Plan EIS
Subconsultant: ENVIRON International Corporation
Direct Salary Cost (DSC):
Classification Person Hours Rate Cost
Principal 14 x $69.71 x $975.94
Admin Asst. 1.5 x $26.92 x $40.38
x x
x x
x x
x x
x x
x x
x x
Overhead (OH Cost - including Salary Additives):
OH Rate x DSC of: 159.85% x
Fixed Fee (FF)
Total DSC = $1,016.32
$1,016.32 = $1,624.59
FF x DSC of: 35.00% x $1,016.32
Reimbursables:
Itemized (None anticipated)
$355.71
SubConsultant Total = $2,996.62
Prime Mark-Up
Grand Total $2,996.62
Prepared By: Richard Steffel Date: 2/7/2013
DOT Form 140-089 EF Exhibit G-1
Revised 8/07
59
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
|. 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 nay 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 duhng the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and rutentionofuub'oonsukants, 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- onsNCants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
undcrusuh'controct.indudingprocuromcn1ofmo{cr)a|snrlcaorxo[uguipmunt.couhpotentia|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 i-ace, 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 140-08 EF Exhibit x
Revised 6/05
60
6. Incorporation of Provisions: The C shall include the provisions of paragraphs (l) 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 und, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
61
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 ally payments previously made shall
total the same percentage of tile 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 actua units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140-089 EF Exhibi I
Revised 6/05
62
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedur to determine ifa consultant's alleged design em-ror is ofa
nature that exceeds the accepted standai-d 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 I — Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the finstindication nf potential consultant design error(s) the finststep in the process is for the
Agency's project nnunogertonnhfvthcDimctorofPub|icVVodaor/\gencyEnginucrrem,dinAthe
potential design error(s). For federally funded p jectx, 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 p ject 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 discus ion of the alleged desi error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the p ject manager obtains more detailed
documentation than is normally required on the p juct. Examples include: all decisions and
descriptions of work; photographs, records of labor, niaterials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined tha there is a need to proceed further the next step in the process is for the p joct
manager to contac the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The p —ecimunugerandothcrapproprirtua8encyxtu[Tohou|dmprcocnt the agency and the
consultant should be represented by their p ject 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 ar three possible scenarios:
It is determined via mutual agreement that there is not a consultan 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 consultan 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 vvhioh
the design error took place. The agency is to provide H&LP, through the Region
DOT Form 140-089 EF Exhibit J
Revised 6/05
63
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.
64
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;
• Tirnefrarne of the additional work that was outside of the p ject scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultan 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 *ithdbodaim.[[
the FHWA is participating in the p jcct`a 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 p ject manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agr e 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
65
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)
lfthe Agency does not agree with the consultant's 's claim, the project munagcruhu]|preparea
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 area 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 E ineer 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 En ineer 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 tha the final payment for the agreement is subject to audit.
66
I hereby certify that I am
representative of the firm of
Exhibit M-1(a)
Certification Of Consultant
Project No.
Local Agency
Chris Breiland
Fehr & Peers
and duly authorized
whose address is
I001 4th Avenue, Suite 4I20, Seattle, WA 98154 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, condngon 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) /\Acced, 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.
2/13/2013
Date Signature
DOT Form 140-089 EF Exhibit M-1(a)
Revised 6/05
67
Exhibit M-1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of
(UK\A)/ /8 ,
Washington, and that the consulting finno« its representative has not been required, ectly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agre 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 certificat 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 6/05
68
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
[
The prospective primary purhcipantoertiOcmtodhebns of its knowledge and belief, that it and its
principals:
A. Are not pr sently debarred, suspended, proposed for debarment, declared ineli ible, 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 deco 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
otutomunto, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, sta1o, 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 mor
public transactions (federal, state, or local) terminated for cause or default.
D. Where the prospective phmaryomticipantiaunubhtocortify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Fir :
Fehr & Peers
(Date)
DOT Form 140-08 EF Exhibit M-2
Revised 6/05
signaw�— mmden Authorized Official ant
69
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: July 5, 2013
SUBJECT: Interlocal Agreement for State Purchasing
WA State Master Contract Usage Agreement
ISSUE
Approve the Master Contract Usage Agreement (MCUA) with the State of Washington's
Department of Enterprise Services to continue using state contracts as a purchasing resource.
BACKGROUND
Through the state's bid list, the City was able to access cooperative purchasing through state
contracts. State government has undergone a reconfiguration resulting in an elimination of the
General Administration Department, which administered the Washington State Purchasing
Cooperative and state contracts. The Department of Enterprise Services was created to replace
General Administration. In addition, the entire state contract purchasing cooperative has been
revamped. At the end of June 2013, all membership in the state purchasing cooperative ended.
If the City would like to continue using state contracts, which provide numerous purchasing
efficiencies including the P -card system, the new Master Contract Usage Agreement will need
to be in effect.
FINANCIAL IMPACT
Under the old state contract system, the City paid an annual fee to participate in the purchasing
cooperative. With the new MCUA system, there is no cost to the City of Tukwila to use state
contracts; with an annual savings of $2,000 to the 501 Equipment Rental Fund.
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign the Master Contract Usage
Agreement with the State of Washington Department of Enterprise Services and consider this
item on the Consent Agenda of the July 15, 2013 Regular meeting.
Attachments: Master Contract Usage Agreement
Purchasing from Washington State Contracts
Master Contracts Usage Agreement FAQ sheet
Master Contracts Fee Change
W:AShared Copy Only \TanyaAInfo Memo MCUA State Bid List 07- 05- 13.docx
70
Agreement Number:
DES Use Only
MASTER CONT CT USAGE AGREEMENT
This Master Contract Usage Agreement (the "Agreement") is made pursuant to Chapter 39.34 of
the Revised Code of Washington, and other applicable laws, by and between the state of
Washington (the "State"), acting by and through the Department of Enterprise Services ("DES"),
an agency of the State, and CITY OF TUKWILA
Entity Name
a state agency, or local or federal agency or entity, or public benefit nonprofit corporation, or any
tribe located in the State ("Buyer").
1. Purpose: The purpose of the Agreement is to establish the terms and conditions for when
Buyer purchases or acquires goods and services for its direct use under contracts entered into
by DES that permit such use ("Master Contracts").
2. Duration: This Agreement will become effective on date of execution, and will continue in
full force and effect until thirty (30) days following receipt of written notice from either party
cancelling this Agreement.
3. Agreement Contact Information: Contact person to whom contract documents and related
communications are to be mailed or faxed.
Organization Name:
CITY OF TUKWILA
Tax Identification Number:
91-6001519
Unified Business Identifier Required for Non-Profit:
Contact Name:
PAT BRODIN
Title:
OPERATIONS MANAGER
Address:
14000 INTERURBAN AVENUE SOUTH
City:
TUKWTLA
State:
WA
Zi :
9816
Phone Number:
(206) 433-1861
Email Address:
PAT.BRODIN@TUKWLAWA.GOV
4. Cancellation of Agreement: This agreement can be terminated by either party upon 30 days
written notice provided to DES at:
Email to: mcua@des.wa.gov OR Mail to: WA Dept of Enterprise Services
MCUA, Attn: Kris Gorgas
P.O. Box 41409
Olympia, WA 98504-1409
5. Financial Responsibility: Buyer will deal directly with the Master Contract contractor,
supplier, or service supplier ("Contractor") for any purchases Buyer makes pursuant to this
Agreement and under a Master Contract. DES does not accept any responsibility, financial
or otherwise, for any purchase Buyer makes under a Master Contract.
71
6. Compliance with Other Laws: Each of the parties will comply with all applicable federal,
state, and local laws and regulations governing its own purchases.
7. Master Contract Audits: Buyer agrees to cooperate with DES, the Office of the State
Auditor, federal officials, or any third party authorized by law, rule, regulation or contract, in
any audit conducted by such party related to any Master Contract(s) that Buyer has made
purchases from pursuant to this Agreement, including providing records related to any
purchase from a Master Contract. In addition, Buyer agrees to provide, upon request from
DES, documentation to confirm its eligibility to use Master Contracts.
8. Dispute Resolution: If there are any disputes between Buyer and a Contractor, Buyer agrees
to (a) provide DES written notice of the nature of the dispute; and (b) unless otherwise
provided in the Master Contract or as set forth below, work in good faith with the Contractor
to resolve the dispute without the involvement of DES. DES may, upon request, review and
assist in the resolution of a dispute, and if DES chooses to do so, the Buyer will cooperate
with DES in that resolution process.
In its sole discretion, DES may, but is not obligated to, upon written notice to Buyer, resolve
disputes with a Contractor on behalf of Buyer and all other state, local, and federal agencies,
local governments, and public benefit nonprofit corporations with similar or related disputes
with such Contractor.
9. No Separate Entity: No separate legal or administrative entity is intended to be created by, or
for the administration of, this Agreement.
10. Hold Harmless: Each party agrees to defend, indemnify, and hold the other party harmless
from any claim arising from such party's sole negligent, reckless, or willful misconduct.
11. Entire Agreement: This Agreement sets forth the entire agreement between the parties, and
supersedes any other prior written agreements between the parties, with respect to the subject
matter hereof.
IN WITNESS WHEREOF the parties having read this Agreement, agree to it in each and every
particular, and have executed it below.
APPROVED APPROVED
WASHINGTON STATE
DEPARTMENT OF ENTERPRISE SERVICES
Entity Name
CITY OF TUKWILA
Entity Name
Signature Signature
Roselyn Marcus, Assistant Director
Name/Title
JIM HAGGERTON, MAYOR
Name/Title
Date Date
2
72
Washington State Department of
rr4 Enterprise Services
Purchasing from Washington State Contracts
All membership to the Washington State Purchasing Cooperative (Co-op) will end as of June 30, 2013 This program will cease
to function as of July 1, 2013 and be replaced by the Master Contracts Usage Agreement (MCUA), Customers who wish to
make purchases off of Washington State Contracts need to have signed the following agreements,
• For purchases made before July 1, 2013, an inter-local agreement or amendment for membership in the
Washington State Purchasing Co-operative (Co-op).
• For purchases made after July 1, 2013, a Master Contracts Usage Agreement (MCUA).
Before July 1, 2013 After July 1, 2013
Purchasing Cooperative Members (Co-op) Master Contract Customers
Inter-local agreement or amendment for membership in the Master Contracts Usage Agreement (MCUA)
Washington State Purchasing Co-operative (Co-op)
To use state contracts entities become Co-op members To use state contracts entities sign a Master Contracts Usage
Agreement
Members include
• State Agencies
• State Boards - State Agencies
• State Commissions - State Boards
• Higher Education Institutions - State Commissions
• Offices of Separate Elected Officials - Higher Education Institutions
• Offices of Separate Elected Offidals
Entities that can join by agreement
• Local Government Agencies
• Local Government Agencies - Federal Agencies
• Federal Agencies - Washington State Tribal Entities
• Washington State Tribal Entities - Public Benefit Nonprofit Corporations
• Public Benefit Nonprofit Corporations
Entities that can join by agreement
Membership fees apply No membership fee
Typically an Inter-local or interagency agreement or
amendment required
Membership agreements periodically renewed or amended No termination date of agreement
A Master Contracts Usage Agreement required
More information
• Information about the fee program
• Print a Master Contract Usage Agreement
▪ Information about eligibility to use State Master Contracts
• View a current list of Master Contract Customers
• Find a searchable list of Master Contracts
• View the Guidelines for Placing Orders from State Master Contracts
• Find a list of Department of Enterprise Services contracts staff
If you have questions, please contact us at (360) 407-2214 or MCUA@des.wa.gov
73
#4511iinqtan StiAel.:X.:,,,partibrprut.
t:0 prise , r ices
M a ste r Co tra cts LJS a
eerncirt
What is the IMOJA?
l'he Master Contracts Usage Agreement M( A) is a one-tirrue agreeMent ruc'oessary Pr mr30 statiilory requirements
alVowing giolifying organizations to use Washingtoru Stlate master GOraraCIS.. Cooperative purchasing throu..ugh state
contracts provides organizations that have agreed to terms arid conditions the opportunity to save mifflons of do Oars
anntolVy by pc oVing te„SOUrces to leverage Me nruarkeft throtigh volume discounts. Authorized cmganUzations are provided
access to more than 700 contraf;ts for goods and services to meek aVV the business needs of thdr organizatkm at no cost.
0...e0;Vation
▪ VVAC 236A9-060
▪ VVAC 200-310-010
▪ 0-OF W 39.26.050
▪ RCVV 43.19
Fi ow F11111Ch does 'y't cost"?
1"r here lis no ( rbnierthc, Master Conbacts Usage Agree rrnent.
can siign as fU/5
Stake Ageedee
• .E'ktakel3oards
:^ State Commissions
• Higher Education institutions
• Offices of Separate Elected Offidals
• 11.....ocaV Government Agencies
• Fe,deraV Agencies
• VVashington Stale 1"r r4 Entities
• 09Ub6C E3eneffil. Nort-profil (PIBNP)
Organzafion MO) 501QC)3 lax status that have Nod PBNP status wUlh the Secretary of State For !Hong informaon„go to
httpliwww.sos.wa.govicorpsf.
More informallion about pi:,IrcON':isOrtg ogreernervls wUlh PubVic EenfAt Nomprofft... RCW 09 c4 055
Moire .kftorrroaoul all7Kxd Pubfic (con eful Non-prom desVgnafiorr IRCw 24.03. 400.
How do I join?
rod c heck the signed agreement Vist.
Vf you are not on this fist:
iownVoad and print the Mash ,?,,,r Contracts Usage :Agreement (ACUA)
F 00 014. and sign MCUA
Scan and eumaii signed copy of MCUA do MCUAgdes..wa..1.gov
or
Maii signed copy to,
DES
MCUA, attuvi^bis Gorgas
PO Box 41409
OVynlpia, WA 98504-1409
A luny -nra (mpy wiVi be scarirp?A and retlarued to you via ernalV,
Vf you have questions,: Mea.im Can the Master Agreement Service 0::)Om 360.407-2214 or emall MCU.A@demwa.gov,
What can I buy?
eau ca xrchase a wide variety eflgoods and Setviices,. Contracts are or habie.. The foilowing are o few exampies of Ilhe
Moot-Used contracts:
Contact I nforrinab on
VACUA
PO Box 4"V ,409
OVyrnpia„ VVA 98504-1409
(36Q, 407-2214
C VA lllrswcqvc
74
VeINCes (heavy duty and passenger)
• Copiers
Office equipn'iont and supplies
Purchasing card
infant formula
Rath° equipment.
Fuel
Pharmaceuticals
Firoliture
Pond
Emisslon inspection serviCe
lndustrial supplies
Travel services
LandSCaping equipment
Paint (various kinds)
Electronic monitoring services
Electrical supplies
Janitorial SeMCRS
How do I make a purchase with a state contract?
RPM, leCk the signed agreement list. Once you have a current signed MOJA.
Use our contract search to trod a contract or learn about spedal purchaslng programs
• kientify a Vendor on the contract. you wish to
• COntad. the vendor citing the contrad. re.irriber yo wish to use, contract name and provide yopir ustonier number.
hat '' have additional questions"?
CaVII (360)407-2214 on email MCIJA@des.wa,gov
•
0lfN3S0 redo once the Master Contracts Lhsaye Agreement when asking your question.
Services
The laming serviCeS are available as part of the IIVICLMV
Training and events
MEW;
AcceSS to Aasker contra( its*
• Access to the Weiitern States Contractirig Alliance (VC; ( A)
• ,llcion Purchasing mailing list to Ira email broadcast
• Purr hase Authority
• Di E.?,rolsering arid Procurerrient Consiallation
• OT Master Contracts
• Tier D Contract Fee for „Janitorial 'et 0CeS
• Contract C)versight
Porlion of the Personnel Servims Charge
• 0MiNBE
't.Sorri]e contracts crlay not he avaiiable for use by o V IViCLJA., See review indivic I cent act surntrary for
who is moO r htmo to use the contract
75
Washington State Department of
Enterprise Services
Master Contracts Fee Change
The consolidation of dozens of activities from five agencies into the Department of Enterprise
Services (DES) provided an opportunity to streamline the rate structure for our services. In the
summer of 2012, the Department conducted a review to confirm the kind of rate structure it
should use to cover the costs of the services we provide.
The review began with setting principles that guided DES in establishing rates, researching how
other service organizations structure their rates, and developing alternatives.
The rate principles set by DES are:
• The rate is clear, easy to understand and easy to explain
• Customers feel confident about the accuracy of the charges
• Customers feel the rate structure will ensure they are paying a fair and equitable share
of the total cost
• Charges are predictable, consistent and timely
• Rates should not create disincentives or barriers for the robust use of enterprise systems
or services or enterprise policy when they would be in the state's best interest
The current master contracting fee structure is very complicated, with some vendor fees that are
set dollar amounts, and others are based on varying percentages of sales. Some fees are by
agency allocation and some are agency transaction fees. Yet other fees charge local
governments based on the amount of their annual budgets, To simplify this, DES is adopting a
single vendor management fee model for all contracting activity. There are no variable
percentages and tiers; it is fair and equitable for all contract users.
State contract vendors will pay the state .74% of the total spent on contracts. Vendor
management fees are a common practice in the public and private sector (19 other states
currently have vendor management fees). The new fee model will take effect July 1, 2013.
By moving from the current complicated and confusing model to a single management fee for
contract use, DES is meeting the rate principles and agency mission to deliver innovative
business solutions to meet the needs of those we serve. By removing barriers to contract use
like the current complicated rates, more state agencies and local governments will utilize master
contracts, increasing the potential sales pool for contract holders.
DES is making the process of reporting sales consistent with the process most contract holders
are currently familiar with, while making improvements to the system. Training will be provided
to those not familiar with the online sales reporting system.
For more information contact:
Servando Patlan (360) 407 -9390
Servando.patlan @des.wa.gov
Business Summary — March 2013
76
77
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: July 5, 2013
SUBJECT: Resolution to Surplus & Sell the Sewer Video Inspection Truck
ISSUE
Approve Resolution authorizing the sale of surplus equipment no longer needed by the City.
BACKGROUND
In accordance with our 2013 Fleet purchases, Public Works has procured a new Video
Inspection Truck for the Sewer and Surface Water Utilities. The old truck, Unit 1254, was
purchased in 1993 and remains in serviceable condition. The fair market value of this unit is
appraised at $8,000.
The City of Normandy Park has expressed an interest in the unit and has formally requested to
purchase Tukwila's used video inspection truck for the full amount of the fair market value of
$8,000. Any sale, exchange, transfer, or lease between municipalities is specifically authorized
under RCW 39.33.010. A resolution has been created in draft form authorizing the surplus and
sale to Normandy Park.
RECOMMENDATION
The Council is being asked to approve the Resolution declaring the Video Inspection Truck Unit
1254 as surplus and authorize sale of the unit to the City of Normandy Park and consider this
item on the Consent Agenda at the July 15, 2013 Regular Meeting.
Attachments: Draft Resolution
Photo of Video Inspection Truck
RCW 39.33.010
Email from Normandy Park's Public Works Department
W: \Shared Copy Only \Pat \Info Memo 2013 Surplus Video Truck & Sale to Normandy Park.docx
78
DAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, DECLARING A 1993 FORD
GRUMMAN VIDEO INSPECTION TRUCK SURPLUS, AND
AUTHORIZING ITS SALE TO THE CITY OF NORMANDY PARK.
WHEREAS, the City of Tukwila recently purchased a new video inspection truck to
replace its 1993 Ford Grumman video inspection truck; and
WHEREAS, the 1993 video inspection truck has a fair market value of $8,000, and
is no longer needed by Tukwila's Public Works Department, Sewer and Surface Water
Divisions; and
WHEREAS, under statutory authorization provided in RCW 39.33.010, the City of
Tukwila may sell the vehicle to the City of Normandy Park on such terms and conditions
that may be mutually agreed upon; and
WHEREAS, the City Council of the City of Normandy Park has authorized its staff
to purchase Tukwila's 1993 video inspection truck; and
WHEREAS, the City of Normandy Park's administration has sent an intent to
purchase said equipment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Declaration of Surplus. The Public Works Department's 1993 Ford
Grumman video inspection truck, Unit 1254, Vehicle Identification Number
3FCLF59M1PJA03674, Washington exempt license plate 159910, is hereby declared
surplus.
Section 2. Mayor Authorized to Sell Equipment. The Mayor is hereby
authorized to sell to the City of Normandy Park the video inspection truck referenced in
Section 1 for the mutually agreed upon full value of $8,000.00.
W:\Word Processing \Resolutions\Surplus video inspection truck 6-24-13
PB:bjs
Page 1 of 2
79
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2013.
ATTEST/AUTHENTICATED:
Christy °Flaherty, MMC, City Clerk Kathy Hougardy, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
Wi\Word Processing\Resolutions\Surplus video inspection truck 6-24-13
PB:bjs
Page 2 of 2
80
81
°gislat.Fre
4 Find Your Legislator
• Visiting the Legislature
• Agendas, Schedules and
Calendars
Bill Information
Laws and Agency Rules
Legislative Committees
Legislative Agencies
* Legislative Information
Center
E -mail Notifications
* Civic Education
• History of the State
Legislature
Q h :r
Outside the Legislature
Congress - the Other
Washington
* TVW
• Washington Courts
* OFM Fiscal Note Website
Access
Washingtonq.
3.020
RCW 39.33.010
Sale, exchange, transfer, lease of public property
authorized — Section deemed alternative.
(1) The state or any municipality or any political subdivision thereof, may sell, transfer,
exchange, lease or otherwise dispose of any property, real or personal, or property rights,
including but not limited to the title to real property, to the state or any municipality or any
political subdivision thereof, or the federal government, or a federally recognized Indian tribe,
on such terms and conditions as may be mutually agreed upon by the proper authorities of
the state and /or the subdivisions concerned. In addition, the state, or any municipality or any
political subdivision thereof, may sell, transfer, exchange, lease, or otherwise dispose of
personal property, except weapons, to a foreign entity.
(2) This section shall be deemed to provide an alternative method for the doing of the
things authorized herein, and shall not be construed as imposing any additional condition
upon the exercise of any other powers vested in the state, municipalities or political
subdivisions.
(3) No intergovernmental transfer, lease, or other disposition of property made pursuant to
any other provision of law prior to May 23, 1972, shall be construed to be invalid solely
because the parties thereto did not comply with the procedures of this section.
[2011 c 259 § 1; 2003 c 303 § 1; 1981 c 96 § 1; 1973 c 109 § 1; 1972 ex.s. c 95 § 1; 1953 c
133 § 1.]
Notes:
Effective date -- 2003 c 303: This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately [May
14, 2003]." [2003 c 303 § 2.]
Exchange of county tax title lands with other governmental agencies: Chapter
6 3 RCW.
1,1 i,-% ni"1
82
Gail Labanara
From: Pat Brodin
Sent: Tuesday, July 02, 2013 9:11 AM
To: Gail Labanara
Subject: FW: Camera Truck purchase
From: Jeremy McGinnis
Sent: Thursday June 20, 2013 9:06 AM
To: Pat Brodin
Cc: Cherie Gibson
Subject: Camera Truck purchase
Pat, This message is to show our intent to purchase the used camera truck that you are surplusing. On June 11th, 2013
our council approved the purchase of the truck for the agreed upon fair market value of $8,000. If there is any other
information you need from me please let me know.
Thanks!
Jeremy McGinnis
City of Normandy Park
Public Works Dept.
This communication may be subject to public disclosure laws of the State of Washington (RCW.42.56).
1
83
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
BY: Pat Brodin, Operations Manager
DATE: July 5, 2013
SUBJECT: Resolution to Surplus City Equipment for 2013
Round 2
ISSUE
Approve Resolution authorizing the sale of surplus equipment no longer needed by the City.
BACKGROUND
The Fleet Department has identified 4 vehicles which have outlived their service life and are no
longer needed by the City. These items are still operational however, in some cases, require
extensive repairs and are no longer used or too costly to overhaul. All vehicles are fully
depreciated and currently valued at $9,800.00. Selling these pieces of equipment at auction in
an "as is" condition is now the most practical solution for disposal.
RECOMMENDATION
The Council is being asked to approve the Resolution declaring the 4 pieces of equipment as
surplus, authorize their sale, and consider this item on the Consent Agenda of the July 15, 2013
Regular Council Meeting.
Attachments: Draft Resolution
Exhibit A Surplus Equipment Spreadsheet & Photos
Auction Update: Council approval was given on April 15, 2013 by Resolution No. 1794 to
surplus 35 pieces of equipment. Some of the golf course equipment is still pending, but
proceeds received from the James G. Murphy and Bidadoo auctions total $66,094.19, which
exceeded the $50,000 originally estimated for revenue.
W:\Shared Copy Only \Jeff\Info Memo 2013 Round 2 Surplus Vehicles.docx
84
R
FT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DECLARING CERTAIN FLEET VEHICLES AS
SURPLUS, AND AUTHORIZING THEIR SALE OR DISPOSAL.
WHEREAS, the City of Tukwila purchased the four vehicles described and illustrated on
Exhibit A, which were utilized by the Public Works and Parks & Recreation Departments; and
WHEREAS, the vehicles described on Exhibit A have a total combined value of $9,800;
and
WHEREAS, the vehicles described on Exhibit A have outlived their usefulness and are no
longer needed by the City of Tukwila's Fleet (Equipment Rental) Department or any other City
department;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Declaration of Surplus. The four vehicles described on the attached Exhibit
A are hereby declared surplus.
Section 2. Fleet Department Authorized to Sell. The Fleet Department, as part of the
City's replacement program, is hereby authorized to sell the four vehicles described on Exhibit
A for the best available price, or properly dispose of those items it is unable to sell.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of , 2013.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
Attachment: Exhibit A, Inventory and photographs of four surplus vehicles
W:11/Vord ProcessingtResolutians\ Four fleet vehicles declared surplus 7-2-13
JM:bjs
Page 1 of 1
85
Fleet Equipment Inventory
1255
1287
1464
co
rn
PK
WA
ST
1998 Van, 15- Passenger FORD CLUBWAGON
1994 Pickup, Chevy S -10
1990 3/4 -Ton Pickup, Chevy
2002 Sweeper, Johnston 4000
Master copy on Admin computer
Blue
White
BLUE
WHITE
1 FBSS31 L4WHB36918
1 GCCS19Z6R8190416
2GCGC29JXL1221658
1J9VM4H342C172005
Page 1 of 1
25165D
15992D
08682D
34234D
$2,000.00
$1,200.00
$600.00
$6,000.00
6/28/2013
Serial Number / Vehicle
EQ#
Dept
Yr
Description
Color
Identification Number
License
Value
1255
1287
1464
co
rn
PK
WA
ST
1998 Van, 15- Passenger FORD CLUBWAGON
1994 Pickup, Chevy S -10
1990 3/4 -Ton Pickup, Chevy
2002 Sweeper, Johnston 4000
Master copy on Admin computer
Blue
White
BLUE
WHITE
1 FBSS31 L4WHB36918
1 GCCS19Z6R8190416
2GCGC29JXL1221658
1J9VM4H342C172005
Page 1 of 1
25165D
15992D
08682D
34234D
$2,000.00
$1,200.00
$600.00
$6,000.00
6/28/2013
Unit 1210, 1998 Ford 15 passenger Clubwagon
65,991 miles, Value $2,000.00
Unit 1287, 1990 Chevrolet extended cab % ton
Pick -up, Transmission has no reverse.
96,193 miles, Value $600.00
1.1.1.131111111111F 11111,
� rLi kite IlAP ari,tl1��X.
♦ /. /AI.'r ' .
Unit 1255, 1994 Chevrolet S -10 Pick -up
121,065 miles, Value $1,200.00
Unit 1464, 2002 Johnston Mechanical Sweeper
4000
3,909 hours, Value $6,000.00
87