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FS 2007-11-05 COMPLETE AGENDA PACKET
Distribution: T. Kinlow J�wt�• w,q City of Tukwila V. Griffin K. Matej ti d' J. Haggerton M. Miotke Finance Safety Committee J• Hernandez J. Morrow P. Linder C. O'Flaherty 2 i D. Robertson G. Labanara Jim Haggerton, Chair Mayor Mullet N. Olivas Joan Hernandez R. Berry Pace 1908 O� J. Cantu D D. Speck Dennis Robertson B. Fletcher R. Still K. Fuhrer D. Tomaso D. Haynes Judge Walden AGENDA V. Je s CC File (cover) S. Kerslake K. Kertzman MONDAY, NOVEMBER S 2007; 5:00 PM Conference Room #3 Item I Action to be Taken Page 1. PRESENTATIONS 2. BUSINESS AGENDA a. Authorize Mayor to sign a contract with EXCLAIM, a. Forward to 11/26 C.O.W. Pg. 1 LLC, in the amount of $440,000 for a Centennial and 12/3 Regular. Celebration Media Plan in 2008; Katherine Kel12man, Tourism Manager, b. 2008 Budget and CIP Review. b. Discussion. Pg. 7 c. Seismic Hazard Screening Report. c. Discussion. Pg. 9 d. Seismic Hazard Analysis Consultant Agreement d. Forward to 11/19 Regular. Pg.29 Supplement; Jim Morrow, Public Works Director. e. Renewal of contract with Kenyon Law Firm for e. Forward to 11/19 Regular. Pg.39 2008; Rhonda Berry, CityAdministrator, f. Renewal of contract with Kirshenbaum Goss f. Forward to 11/19 Regular. Pg.49 for Public Defender Services; Rhonda Berry, City Administrator, g. Renewal of contract with M. J. Durkan for 2008 g. Forward to 11/19 Regular. Pg.55 lobbying services; Rhonda Berry, City Administrator h. Renewal of contract with Ball lanik for 2008 h. Forward to 11/19 Regular. Pg.63 lobbying services; Rhonda Berry, City Administrator. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, November 19, 2007 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 433 -1800 for assistance. TO: Mayor Finance and Safety Committee . Tourism Marketing Program Manager L FROM: DATE: Oct. 23, 2007 SUBJECT: EXCLAJM, LLC Contract for 2008 Centennial Celebration Media Plan ISSUE Authorize Mayor to sign a contract with EXCLAJM, LLC in the amount of $440,000 for a Centennial Celebration Media Plan in 2008 the media mix will include a combination of: . Targeted and Community Newspaper . Magazine . Transit . Sounder Train wrap . Limited radio with promotions . Mall Signage . Street Banners BACKGROUND The objective of the Centennial Steering Committee is to develop a media plan with the necessary reach and frequency to raise awareness for the City of Tukwila while also encouraging daily visitors and event attendance for the Centennial Celebrations. DISCUSSION Budget impacts: There is no additional budget request for this item. The cost for this ad is budgeted within the Council approved 2008 Tourism Program budget; ho\vever, because the proposed contract amount is over $25,000, it requires Council approval. RECOMMENDATION Authorize Mayor to sign a contract with EXCLATh1, LLC in the amount of $440,000 for the 2008 Centennial Celebration Media Plan. Objective Develop a media plan with the necessary reach and frequency to raise awareness for the City of Tukwila while also encouraging daily visitors and event attendance for the Centennial Celebrations. Budget $440,000 Gross Target Audience Adults 25+ Families Target Audience will vary for each individual event Geography Primarily the greater Seattle DMA with reach to areas outside a 60- mile radius Media lYIix A combination of: . Targeted and Community Newspaper . Magazine . Transit . Sounder Train vvrap . Limited radio with promotions . Mall Signage . Street Banners Newspaper Utilize community and local newspapers for targeted and consistent messaging. Ads \vill be a variety of sizes (depending on the publication and the event) and will run in conjunction with other mediums. Publications: Seattle Times (NW Weekend, Ticket South, Local South, SE Living), Pacific Magazine, Reporter Newspapers (Bellevue, Renton, Kent & Auburn) The following newspapers \vill be utilized for special events looking for tourism from outlying areas: Tri-Cities Herald, Spokane Spokesman Review, \Venatchee \Vorld, Anchorage Daily News, Portland Oregonian, and Bellingham Herald. Magazine Magazines provide long shelf life, multiple readers per copy, targeted reach and the ability to showcase creative with a 4 color visual element. . Northwest Palate - Reaches readers across the Northwest that are interested in food and cooking. Suggested to promote Chinese New Year food event. . Cheesecake Factory Menu - A full color ad will run in the menu for the Tukwila location. This ad will run for a full year and will be a consistent reminder message for all of the different groups that dine at the restaurant (tourists, shoppers, families, local business workers, etc.). Out-Of-Home . Westfield Mall Large Hanging Banners - 4 large banners to be displayed in a prime interior location for one month. . Sound Transit Wrap - The possibility may exist to wrap one of the South Sounder trains for one month. Negotiation is under way for the Sounder train wrap. If an agreement cannot be reached, then the funds will be reallocated for additional radio and print. . Transit - 30 Kings per month for 3 months are recommended. The proposal also includes 3 months of bonus weight (15 guaranteed bonus and 15 bonus space- available boards), to be run between the paid months. Total of 6 months of transit advertising. Buses will originate primarily from the South base, and will cover downtown Seattle. Radio . Promotional Radio Limited and targeted radio is suggested to broaden the reach and frequency while providing promotional opportunities. The recommended schedule includes 10 weeks of radio surrounding specific events. Each event will be supported by a 2-week radio schedule on a station partner or group (example: CBS Radio group includes K1\1PS, KZOK and KBKS). In addition to the 2-week radio schedule, station partnerships may also include promotional mentions, website exposure, on-site remotes, cross- promotional opportunities, on-air giveaways, music stage at events, etc. . Radio Disney Radio Disney is suggested as a radio partner to help promote the Healthy Living Event. Radio Disney is a huge proponent of getting children active and healthy. A sponsorship includes a schedule, on-site remote, station personality, contests, etc. . Public Radio The highly desirable audience of public radio will be used to promote the Mother's Day Weekend event. Additional Coverage . \"1 estfield Garage - Signage will be located on the wall of the parking garage for 6 months. Costs are for production only. . Street Banners - will be hung throughout the city of Tukwila and will stay for the entire year. Costs are for production and hanging. Timing Flighted January through December around events. Different II Budget I 6 Size Gross Cost (Gross) 31 14 21 2 ii' 11 18 25 3 10 17 24 I 1 I ,I� 25 1 8 iE 24 1 8 15 22 14 21 28 4 11 22 29 6 13 20 27 3 10 17 ll 7 14 21 28 12 i p I th Ul i;rl 24 26 2 9 16 k,: I� �I•. v..:. baur, llwlsu, n!.., uti c'.> muii� L! uNm ,..�.,Ia:.l,,..,la.,c +l,l�,„a ii ,.lu mll.l.l," �.:,o,.,I,u: utd ut,. ..,,II,,u.i,u: ray. n., ,�Aa �il,ll,am �r;,,,.1._ma I :Irnu... ,na..� h .....I,.... •.,,,,,.rr,rd i, :.I, Itila►, l 1.: ,;�,raurx $20,553 $3,908 $5,862 $4,179 $7,698 $26,526 $4,265 $7,624 $9,949 $2,353 $2,111 $609 $2,647 $10,400 $5,000 Launch /Pro: at. a Family 4th All Nation'¢ Foundor's" Health News aper 33" 33" 33" 33" 3/5 pg FC 1/2h pg FC 1/5 pg B/W FP FC 1/2 pgFC TBD 24" 24" 15" 15" 1 /2v FC FP FC 8 -16 report Morno omo lei ial Da M :o Seattle Times Wknd /M. News Seattle Times South Ticket Seattle Times Local South SE Living Times Pacific Magazine Pacific Magazine Pacific Meg- Chinese NY Reporter Newspaper Pkg Reporter Newspaper Pkg Tukwila Days Reporter Insert E. WA Papers Spokane, Wenatachee, Trl Anchorage Daily News Port Oregonian Chinese NY Blinghm Herald- Chinese NY Magazines NW Palate Chinese NY Cheesecake Factory Menu CEO Outdoor $13,623 }1� f� dot: $6,257 yy;4: 43 1 E f t {tl ,,,,Zi I2 .w.. y A L Soutncenter Mall Advertising a I I I Hanging Banners TBD $4,706 j 1 1 me i IG ,3 lrytl 411 Sounder Train Wrap TBD $33,5291 Transit (Titan) 30 Kings /mo I $45,0001 II Bonus boards I Radio I I 1 Promotion /Even) Radio :15, :60 I $100,000 ;G,, ti�siFj Radio Disney :60 1 $5,8821 Public Radio :15 I $3,5291 1 ��aa �rli' 'Il���������� MI City Of Tukwila Centennial Celebration Preliminary Media Document October 25, 2007 Pogo 1 of 2 I Jan I Feb I Mar Apr I May I Jun I Jul Aug I Sep I Oct I Nov I Dec i Tukwila Flow mod( bu (3).xls Westfield Parking Garage Stroot Banners Total Gross Media 08 Strategic Guidance Campaign Design Mth Updates Pk Garage Manufacture Pk. Garage Install I,.. Street Banners Manufacture Street Banners Install TOTAL COST: Costs are estimated pending '08 Pass 2 of 2 Different Budget Size Gross Cost (Gross) 31 Jan 1 Fob Mar 14 21 28%'!I 11 18 25 3 10 17 24r 7 14 21 28 Apr Ma 1 Jun Jul 1 Au Se Oct 1 Nov 1 Dec 1 I l i ''(q 'I o.J';','9.V tlNlill!,III,rI. iIJ�IHlllrl lliWlllll'�Illlldi ill, ,i1Pl.l. l;lil.l ',I "'Ihf'�;i�ll C I..I PJd,. I.," M'I. Il II'IVICG:a II I L II!r� 4' J:Il.i Cl'l,l rates $306,331 $9,800 $20,350 $25,000 $23,625 $11,615 $23,400 $13,650 $433,771 $19,880 26 2 9 16 14 21 28 4 11 i,!!,.. 25 1 8 'i!i;i 22 29 6 13 20 27 3 10 17 24 1 8 15 22 Tukwila Flow media buy(3).xls CitY-Jif Tukwila City Council MEMORANDUM TO: FROM: CC: Finance and Safety Committee Kimberly Matej, Council Legislative Analyst lU Mayor Mullet Rhonda Berry, City Administrator Kevin Fuhrer, Finance Director DATE: October 31,2007 SUBJECT: Review of the Mayor's 2008 Proposed Budget and CIP Below you will find a list of budget pages expected to be reviewed at the November 5 Finance and Safety Committee. Please remember to bring your copy of the budget to all meetings. Finance and Safety Committee BUDGET CIP November 5, 2007 PAGES PAGES Revenues 1-25 -- Police 83-98 -- Fire 99-116 -- Attachment A* -- VII-IX Attachment B* n X Attachment C* -- XI-XIV *Attachment Al Band C will be reviewed by full Council after review in each appropriate committee. Th70Rl-vIATION MElVIO To: From: Date: Subject: Mayor Mullet Public Works Directo~ October 29,2007 Seismic Hazards Screening Report ISSUE Review results of Seismic Hazards Screening Report BACKGROUND Reid Middleton was contracted to provide Seismic Hazard Screening and Reporting services, using FEMA 154 (see section 1.2, page 1-1) and ASCE 31-03 (see section 2.0, page 2.1) screening criteria for nine City buildings (Minkler Shops was separated into three separate structures, see Table 1-1). This initial screening and evaluation only looks at rough structural details and does not include detailed structural analysis and seismic retrofit design and cost estimating. A1~AL YSIS The screening and evaluation results from the FEMA 154 criteria shown in Table 1-1, are based on a Maximum Considered Earthquake (MCE), which has a 2 percent probability of exceedance in 50 years. The Table 1-1 structural scores are based on the probability of collapse for the MCE. The lower the score, the higher the probability of collapse. The scores range from 3.1 for City Hall down to 1.1 for the Community Center. The ASCE 31-03 Tier 1 evaluation results are shown in section 2 of the report. The evaluation results outline deficiencies and structural elements worth of additional evaluation and analysis. RECOMMENDATION Facilities with a structural score of 2.5 or less receive an in-depth seismic evaluation (6300 Building, Fire Stations 51, 53 and 54, and the Community Center). Fire Station 53 and City Hall will be further evaluated because of their criticality, and Fire Station 52, Minkler and George Long Shops will be evaluated for replacement or seismic upgrade. attachments: Final Phase I seismic hazard screening report (sections 1,2 and 3) P:\PUBWORKS\PROJECT$\A- BG Projects\03BG04 Seismic Screening Oty Fadlities\Info Memo Seismic Screening Report.doc 1.0 Rapid Visual Screening 1.1 Overview Reid Middleton, Inc. performed rapid visual screenings on 11 buildings that the City of Tukwila identified as critical to their operations. Rapid visual screening of buildings for potential seismic hazards is often the first step of a multi-phase procedure for identifying seismically hazardous buildings. The Rapid Visual Screening Procedure (RVSP) uses a methodology based on a "sidewalk survey" of a building with a data collection form, which the inspector completes based on visual observation of the building. Structural scores are assigned to each building. The scores are tabulated to create a property inventory and ranking of buildings based on their relative seismic hazard potential. The rapid visual screening evaluations are then used to determine which facilities should be considered for further investigation. The RVSP is the first step in the development of a seismic risk reduction program for buildings owned and occupied by the City of Tukwila. 1.2 Criteria This work was performed in accordance with Rapid Visual Screening of Buildings for Potential Seismic Hazards (FEMA 154 and 155) published in 1988 and revised in 2002 by the Federal Emergency Management Agency (FEMA). This procedure is based on the Applied Technology Council's ATC-2l project and is a nationally recognized and widely accepted methodology to perform an initial seismic screening of buildings. The seismic hazard criteria in the second edition of FEMA 154 are based on achieving the Collapse-Prevention Performance Objective for ground motions from what is commonly referred to as a Maximum Considered Earthquake (NICE). An MCE has a 2 percent probability of exceedance in 50 years, corresponding to a return interval of 2,475 years. A building performing at a collapse-prevention level in an MCE would be expected to be severely and irreparably damaged but should not totally collapse. 1.3 Evaluation Procedure Overview The FEMA 154 process is a preliminary seismic screening procedure based on visual observations used to identify potentially hazardous buildings. Data collection forms, included in the Appendices, assign structural scores to each building. Structural scores are based on building type classifications and performance modification factors that qualitatively indicate the expected seismic performance of the buildings. The structural scores are used to rank the buildings to determine which buildings will likely provide an acceptable measure of life-safety protection and which buildings may be seismically hazardous and may warrant further investigation. The expected seismic risk that is determined by the RVSP is based on historical performance of buildings with similar characteristics. The results should be considered preliminary and used only as a guide to determine which buildings warrant further investigation. In some cases, such an investigation may reveal elements of a structure that compensate for the deficits identified in City of Tukwila Seismic Screening & Evaluation 1-1 .;~~~~: the RVSP. Furthermore, since the RVSP is typically accomplished without exposing structural elements and in some cases without entering the building, some indicators of high seismic risk may not be apparent to the screener. As a result, some buildings may be more at risk than indicated by the RVSP. 1.4 Evaluation Results The following table ~ummarizes the rapid visual screening structural scores and resulting relative seismic safety rankings for the 11 City of Tukwila buildings evaluated. Higher structural scores indicate better expected seismic performance. Table 1-1. City of Tukwila RVSP Scores and Relative Rankings. Relative Structural Rank Building Description Scores, S 1 Tukwila Community Center 1.1 2 6300 Building 1.2 3 Fire Station 51 1.5 4 Minkler Shop Office and 1.5 Repair Garage 5 Minkler Shop Work Room 1.5 and Storage Bins 6 Minkler Shop Covered 1.5 Parking 7 Fire Station 52 2.0 8 George Long Shop 2.1 9 Fire Station 54 2.2 10 Fire Station 53 2.9 11 Tukwila City Hall 3.1 FEMA 154 uses the structural scores to predict the probability of building collapse for the MCE; the score is applied as an exponent to the number 10. for example, a building with a score of 2 would have a 1 in 100 chance of collapse, while a building with a score of 3 would have a 1 in 1,000 chance of collapse. Thus, the building with a RVSP score of 1 would be more hazardous than a building with a score of 2. Note that the rapid visual screening scores (and, therefore, the rankings) given do not explicitly account for a building's use or importance. For example, a fire station that is staffed 24 hours a day with a R VSP score of 2.0 may pose greater risk than a lower occupancy structure, such as covered parking, with a RVSP score of 1.5. Comparisons between the MCE and recent earthquakes experienced in this area may be made based on information provided in the Reconnaissance Report of the February 28,2001 Nisqually Earthquakel. This report estimates that the ground motions from the 2001 Nisqually Earthquake would be only one I Reconnaissance Report (SSRP-2001/02) of the February 28, 2001 Nisqually (Seattle-Olympia) Earthquake prepared by University of California, San Diego; Andre Filiatrault; Chia-Ming Uang, Bryan Folz, Constantin Chrstopoulos, Kip Gatto; March 200 I City of Tukwila Seismic Screening & Evaluation 1-2 .mber 2007 .. I lf1t1ir.If;HiJil third as strong as the ground motions felt from the MCE for a site adjacent to the City of Tukwila. This indicates that many buildings that performed well during the Nisqually Emthquake may not perform well during a design-level event. 1.5 Conclusions and Recommendations Table 1-1 shows the R VSP seismic hazard structural scores for the 11 City of Tukwila buildings that have been evaluated. For typical buildings, FEMA 154 recommends a cut-off score of 2.0 be utilized as the RVSP score where buildings that score below this value be investigated more thoroughly. However, the FEMA guidelines also suggest that higher cut off scores may be more appropriate for determining if further seismic evaluations are warranted for essential facilities and critical infrastructure. We recommend that a RVSP structural score of 2.5 be used as the cut off for this evaluation. Buildings with a structural score of 2.5 or less should be analyzed in greater detail, since they may be vulnerable to collapse as a result of an earthquake having severe ground motions. In addition, because Tukwila City Hall and Fire Station 53 are essential facilities that provide first response capabilities for the City's police and fire personnel, more detailed seismic evaluation of these facilities is recommended. City of Tukwila Seismic Screening & Evaluation 1.3 sQmber 2007 .. I l'ltnnU:HiTil 2.0 ASCE 31-03 Tier I Evaluations Preliminary seismic evaluations were performed for 11 buildings owned by the City of Tukwila. The evaluations reviewed the expected seismic performance of each building to identify potential structural deficiencies that may affect the building's functionality after an earthquake. The following 11 buildings were evaluated in more detail compared to the RVSP described in the previous section: . Tukwila City Hall . 6300 Building . Fire Stations 51, 52, 53, and 54 . Minkler Shops (3 Total Buildings) . George Long Shop . Tukwila Community Center The preliminary seismic evaluations do not consider compliance of the subject buildings with the seismic requirements of the current building code for new construction. Buildings designed prior to the current or previous building codes often include structural configurations and detailing that . do not comply with current code requirements. Buildings designed to older building code standards are typically evaluated using evaluation and design guidelines specifically developed for existing structures by the Federal Emergency Management Agency (FEMA) and the American Society of Civil Engineers (ASCE). The latest edition of the building code includes these documents as reference standards for the evaluation of existing buildings. Findings and recommendations presented herein are primarily based on a review of record drawings provided by the City of Tukwila and on visual observations of the buildings. The available record documents do not contain some information that is needed to confirm the structural configuration of some portions of the buildings. This is typical of record documentation for older buildings. Reid Middleton participated in a walk-through of each of the buildings noted above. Limited visual observations of existing conditions were performed during the walk-through. No testing or field verification efforts were performed to confirm or supplement information shown in the record drawings. Future, detailed evaluations should include material testing and additional field verification as appropriate to better understand the existing structural condition and configuration of each building. The current standard for the seismic evaluation of existing buildings is the ASCE Standard 31-03, Seismic Evaluation of Existing Buildings (ASCE 31). ASCE 31 is a screening and evaluation document used to identify potential seismic deficiencies that may require additional seismic evaluation or hazard mitigation. The document presents a three-tiered review process implemented by following a series of comprehensive checklists and "quick check" calculations. Each tier is designed to perform an increasingly refined evaluation procedure for seismic deficiencies identified in previous tiers in the process. City of Tukwila Seismic Screening & Evaluations 2-1 .~~~~~: TIER I Screening Phase Checklists of evaluation statements to quickly identify potential deficiencies Requires field investigation and /or review of record drawings Analysis limited to "Quick Checks" of global elements May proceed to Tier 2, Tier 3, or rehabilitation design if defidencies are identified TIER 27- Evaluation_ Phase "Full Building" or "Deficiency Only" evaluation Address all Tier 1 seismic deficiencies Analysis more refined than Tier 1, but limited to simplified linear procedures Identify buildings not requiring rehabilitation TIER 3'= aatailed Evaluation Phase, Component -based evaluation of entire building using reduced FEMA 356 forces Advanced analytical procedures available if Tier 1 and /or Tier 2 evaluations are judged to be overly conservative Complex analysis procedures may result in construction savings equal to many times their cost AND /OR Interest in Redudng Seismic Risk Data Collection T Pha Phase YES TIER 2 Evaluation Phase NO s AND /OR Figure 2 -1 Flow Chart and Description of ASCE 31 Seismic Evaluation Procedure. Tier 1 checklists screen for potential seismic deficiencies by examining the lateral systems and details of the structure in comparison with configurations that have historically caused poor seismic performance in similar buildings. Tier 1 includes basic analyses for primary components of the lateral system such as columns, frames, and beams. Tier 2 provides more detailed evaluations for deficiencies identified in the Tier 1 review. Tier 3 involves more detailed analysis and review of the demand and capacity of each building component. This report contains the findings from ASCE 31 -03 Tier 1 evaluations of the 11 City of Tukwila buildings identified above. Because many of these buildings provide first- response capabilities and important post disaster recovery functions for the City of Tukwila, they were evaluated to Immediate Occupancy Performance levels. Buildings that meet Immediate Occupancy Performance are expected to be structurally functional after an earthquake. City of Tukwila Seismic Screening Evaluations 2 -2 Se tember 2007 Reid iddletott 2.1 Tukwila City Hall 2.1.1 Building Description, Tukwila City Hall Tukwila City Hall is a 32,800-square foot building that has a distinctive saw-tooth plan shape on the south elevation of the structure. The building's vertical structural system consists of plywood floor sheathing supported by wood trusses, wood beams, wood posts, concrete columns, and concrete bearing walls supported by spread and strip foundations. The lateral force resisting system (LFRS) consists of wood diaphragms supported by wood and concrete shear walls. Tukwila City Hall Built in 1977 2 stories on east side 3 stories on west side Floor Area: 32,800 SF 2.1.2 Evaluation Results, Tukwila City Hall The primary deficiency identified in Tukwila City Hall is related to the building's limited lateral support and structural irregularity in the upper floor. The building has wood shear walls that are perpendicular to the building's south facing windows at many locations. These walls are not continuous to the building's foundation and are not typically in line with the lateral framing elements below. There also appears to be in sufficient amounts lateral framing in the upper floor's east-west direction. Because of these load path discontinuities, the building appears to have limited ability to transfer latera1loads to the base of the structure form its upper floors. This likely will result in poor performance during a seismic event. Additional deficiencies are identified in the completed ASCE 31-03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.1.3 Recommendations, Tukwila City Hall Because of the discontinuities identified in the building's LFRS, and other deficiencies noted in the Tier 1 checklists, we recommend that a more detailed ASCE 31-03 Tier 3 evaluation of Tukwila City Hall be conducted. City of Tukwila Seismic Screening & Evaluations 2-3 .~~~~~: 2.2 6300 Building 2.2.1 Building Description, 6300 Building The 6300 Building is a three-story, 33,600-square foot building that was constructed on the side of a slope. The gravity system consists of plywood floor sheathing supported by open web steel joists, wood beams, wood posts, steel columns, and concrete bearing walls supported by shallow spread and strip concrete foundations. The LFRS for the 6300 Building consists primarily of wood diaphragms with concrete shear walls. In addition to the primary framing systems mentioned above, the building has wood shear walls, steel moment frames, concrete moment frames, and elevated precast concrete slabs in some locations. A variety of structural systems and material types, in conjunction with three partial-basement sides of the building that act as retaining walls, add to the buildings complexity. 6300 Building Built in 1978. 3 Stories Floor Ai'ea: 33,600 SF 2.2.2 Evaluation Results, 6300 Building The primary deficiency identified in the 6300 Building is the significant number of structural irregularities throughout the building. Based on the record drawings available, the upper stories have a minimal amount of lateral framing in the building's longitudinal direction. This may result in poor structural performance during a seismic event. In addition, a number of the building's concrete shear walls are tall and slender, with aspect ratios greater than 4: 1. These walls do not have adequately confined boundary zones, which may result in undesirable non- ductile performance of these walls under seismic loading. An additional concern is the diaphragm to wall connections. These connections are needed to stabilize the concrete shear walls for out-of-plane lateral forces but appear inadequate. Failure of these connections could lead to separation of the walls from the floors and partial collapse of the roof and floor structures during a seismic event. This connection deficiency also limits the diaphragm's ability to transfer lateral loads into the concrete shear walls. Additional deficiencies are identified in the complete ASCE 31-03 Tier I Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. City of Tukwila Seismic Screening & Evaluations 2-4 .~~~: 2.2.3 Recommendations, 6300 Building Because of the discontinuities identified in the building's LFRS, and other deficiencies noted in the Tier 1 checklists, we recommend that a more detailed ASCE 31-03 Tier 3 evaluation of the 6300 Building be conducted. 2.3 Fire Station 51 2.3.1 Building Description, Fire Station 51 Fire Station 51 is a two-story; 17,700-square foot building that houses the Tukwila Fire Department's administration offices, and a battalion chief, an engine company, and a variety of reserve and special operation apparatuses. The gravity system consists of plywood floor sheathing supported by wood trusses, wood beams, steel beams, steel posts, concrete columns, and concrete bearing walls supported by spread and strip concrete foundations. The LFRS consists of wood diaphragms with wood and concrete shear walls. Fire Station 51 Built in 1973 2 Stories Floor Area: 17,700 SF 2.3.2 Evaluation Results, Fire Station 51 Several notable deficiencies were identified in Fire Station 51. The structure has limited lateral resistance of the high roof structure located above the crew quarters. The concrete shear walls located on the east side of the crew quarters are not continuous to the foundation. Because these walls are not continuous to the building's foundations, they may not provide adequate lateral resistance and could cause damage to their supporting structural elements during a seismic event. Furthermore, the diaphragm to wall connections that are needed to provide out-of-plane lateral stability for the precast concrete shear walls do not appear to have adequate capacity. Rupture of these connections could lead to separation of the floors from the walls and partial or total collapse of the roof and floor structures during an earthquake. This deficiency is primarily a concern in the areas over the apparatus bay. City of Tukwila Seismic Screening & Evaluations 2-5 .~~~~~: Additional deficiencies were noted at the wall panel to panel connections and at the foundation to wall panel connections. These deficiencies could lead to the panels acting independently, rather than acting together as a unit as is desired. This independent action can lead to excessive stress in the individual panels, causing wall failures. Another seismic issue is the slenderness of the wall piers between the apparatus bay doors. Because these piers have high aspect ratios, special reinforcing detailing is required to resist seismic forces. This detailing was not incorporated into the original design due to the age of construction; additional more in depth evaluation is required to determine the seismic adequacy of these elements. Additional deficiencies are identified in the complete ASCE 31-03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.3.3 Recommendations, Fire Station 51 Because of the discontinuities in the buildings' LFRS, the identified panel connection deficiencies and the other deficiencies noted in the Tier 1 checklist, we recommend that a more detailed ASCE 31-03 Tier 3 evaluation of Fire Station 51 be conducted. 2.4 Fire Station 52 2.4.1 Building Description, Fire Station 52 Fire Station 52 is a single-story, 3350-square foot building that currently houses one engine company. The gravity system consists of plywood floor sheathing supported by wood beams and precast concrete bearing walls supported by strip concrete foundations. The LFRS for Station 52 consists of wood diaphragms with precast concrete shear walls. Fire Station 52 Built in 1971 One Story Floor Area: 3,350 SF City of Tuk\vila Seismic Screening & Evaluations 2-6 \Imber 2007 '. I ~'ltfinJrnfiTi1 2.4. Evaluation Results, Fire Station 52 Deficiencies identified in Fire Station 52 pertain to the building's LFRS connections. Of primary concern is the roof diaphragm to wall connections. These connections are needed to provide out-of-plane lateral stability for the precast concrete shear walls. Rupture of these connections could lead to separation of the roof from the walls and partial or total collapse of the roof structures during an earthquake. This connection deficiency also limits the roof s diaphragm ability to transfer lateral loads into the concrete shear walls. Additional deficiencies were noted at the panel-to-panel connections and the foundation to wall panel connections. These deficiencies could lead to the panels acting independently, rather than acting in a more desirable composite fashion. This independent action can lead to excessive stress in the individual panels causing wall failures. Another deficiency is the slenderness of the wall piers between the apparatus bay doors. Because these piers have large aspect ratios, special reinforcing detailing is required to resist seismic forces. This detailing was not incorporated into the original design due to the age of construction; additional more in depth evaluation is required to determine the seismic adequacy of these elements. Additional deficiencies are identified in the complete ASCE 31-03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.4.3 Recommendations, Fire Station 52 Because the deficiencies in Fire Station 52 are fairly well defined, we recommend that a design be developed to upgrade the building. 2.5 Fire Station 53 2.5.1 Building Description, Fire Station 53 Fire Station 53 is a single-story, 14,000-square foot building that currently houses one engine company. The gravity system consists of plywood floor sheathing supported by wood beams, wood posts, steel posts, and wood bearing walls on concrete grade beams supported by auger- cast piling. The LFRS for Station 53 consists of wood diaphragms with wood shear walls and steel moment frames in the apparatus bay. The station's hose tower is constructed of concrete masonry units (CMU). City of Tukwila Seismic Screening & Evaluations 2-7 .mber 2007 '. I \'Jmnu:~liTiI Fire Station 53 Built in 1995 One Story Floor Area: 14,000 SF 2.5.2 Evaluation Results, Fire Station 53 Fire Station 53 can be expected to have acceptable performance during an earthquake and may meet the Immediate Occupancy Performance Objective. Several deficiencies were identified during the Tier 1 screening process, however, as a result of details missing from the original design drawings. See the ASCE 31-03 Tier 1 Checklist in Appendix B for additional information. 2.5.3 Recommendations, Fire Station 53 Because the building is close to meeting the chosen performance objective, we recommend conducting an ASCE 31-03 Tier 2 evaluation of the building. Field investigation may be required as part of the Tier 2 evaluation in order to obtain additional information about the location for which the details were missing from the original drawings. 2.6 Fire Station 54 2.6.1 Building Description, Fire Station 54 Fire Station 54 is a single-story, 5,300-square foot building that currently houses one ladder company. The gravity system consists of plywood floor sheathing supported by wood beams, wood posts, wood bearing walls and masonry bearing walls supported by strip concrete foundations. The LFRS for Station 54 consists of wood diaphragms with masonry shear walls. The station's hose tower is constructed of concrete masonry units (CMU). City of Tukwila Seismic Screening & Evaluations 2.8 .mber 2007 .. I ~',mnlrnrnil Fire Station 54 Built in 1961 One Story Floor Area: 5,300 SF 2.6.2 Evaluation Results, Fire Station 54 Deficiencies identified at Fire Station 54 pertain to the masonry walls and the walls' connections to the roof diaphragm. Because limited information is available in the record drawings pertaining to either of these items, they are assumed to be non-compliant based on the age of the building. Significantly less reinforcing was typically used in CMU walls of Station 54's era than would be required today. Inadequate wall reinforcing can result in non-ductile behavior and wall failure. The walls also are over stressed based on the quick check procedure meaning that they may experience shear failures during an earthquake. Inadequate diaphragm to wall connections were also typical of Station 54's era, and may result in out-of-plane wall failures. Inadequate connections also limit the ability of the diaphragm to transfer forces into the shear walls. Additional deficiencies are identified in the complete ASCE 31-03 Tier 1 Checklist in Appendix B. . This building does not currently meet the Immediate Occupancy Performance Objective. 2.6.3 Recommendations, Fire Station 54 Because of the lack of information available on Fire Station 54 and the deficiencies identified in the Tier 1 check list, we recommend that a more detailed ASCE 31-03 Tier 3 evaluation be conducted. 2.7 Minkler Shops Work Room And Storage Bins 2.7.1 Building Description, Minkler Shops Work Room and Storage Bins The Minkler Shops Work Room and Storage Bin Building is a 4,700-square foot, single-story building. The gravity system consists of precast concrete roof planks and diagonal wood roof decking supported by precast concrete bearing walls supported by strip concrete foundations. City of Tukwila Seismic Screening & Evaluations 2.9 ~ber 2007 ". I l',rtililrnmil The LFRS for the building consists of wood and concrete diaphragms with precast concrete shear walls. :Minkler Shops Work Room and Storage Bins Built in 1972 One Story Floor Area: 4,700 SF 2.7.2 Evaluation Results, Minkler Shops Work Room and Storage Bins Deficiencies identified in the Minkler Shops Work Room and Storage Bins pertain to the building's LFRS connections. Of primary concern is the roof diaphragm to wall connections. These connections are needed to provide out-of-plane lateral stability for the precast concrete shear walls. Rupture of these connections could lead to separation of the roof from the walls and partial or total collapse of the structures during a seismic event. This connection deficiency also limits the roof diaphragm's ability to transfer lateral loads into the concrete shear walls. Additional deficiencies were noted at the panel-to-panel connections and at the foundation to wall panel connections. These deficiencies could lead to the panels acting independently, rather than acting in a more desirable composite fashion. This independent action can lead to excessive stress in the individual panels, causing wall failures. Additional deficiencies are identified in the complete ASCE 31-03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.7.3 Recommendations, Minkler Shops Work Room and Storage Bins Because the deficiencies in the Minkler Shops Work Room and Storage Bins are fairly well defined, we recommend that a design be developed to upgrade the building. 2.8 Minkler Shops Covered Parking 2.8.1 Building Description, Minkler Shops Covered Parking The Minkler Shops Covered Parking is an 8,850-square foot roof structure that is used to store public works equipment. The gravity system consists of precast concrete roof planks supported by concrete beams, steel posts, and precast concrete bearing walls supported by strip concrete foundations. The LFRS for the building consists of wood and concrete diaphragms with precast concrete shear walls. City of Tukwila Seismic Screening & Evaluations 2-10 s.mber 2007 '. I \'ltfifilrnroil Minkler Shops Covered Parking Built in 1972 One Story Floor Area: 8,850 SF 2.8.2 Evaluation Results, Minkler Shops Covered Parking Deficiencies identified in the Minkler Shops Covered Parking pertain to the building's LFRS connections. Of primary concern are the roof diaphragm to wall connections. These connections are needed to provide out-of-plane lateral stability for the precast concrete shear walls. The available record drawings do not show a direct connection between the concrete roof planks and the concrete wall panels; connections between these elements were also not observed during our building walk-through. The lack of roof diaphragm to wall connections could lead to separation of the roof from the walls and partial or total collapse of the structures during an earthquake. This connection deficiency also limits the roof diaphragm's ability to transfer lateral loads into the concrete shear walls. Additional deficiencies were noted at the panel-to-panel connection and at the foundation to wall panel connections. These deficiencies could lead to the wall panels acting independently, rather than acting in a more desirable composite fashion. This independent action can lead to excessive stress in the individual panels causing wall failures. Deterioration of the wall panel to wall panel connections, including rusting of steel connections and concrete cracking near the panel inserts, was observed during our building walk-through. Additional deficiencies are identified in the complete ASCE 31-03 Tier 1 Checklist in Appendix B. This structure does not currently meet the Immediate Occupancy Performance Objective. 2.8.3 Recommendations, Minkler Shops Covered Parking Because the deficiencies in the Minkler Shops Covered Parking are fairly well defined, we recommend that a design be developed to retrofit the structure. City of Tukwila Seismic Screening & Evaluations 2-11 s.mber 2007 .. I \'~ "Hi HiH;fil 2.9 Minkler Shops Office And Garage 2.9.1 Building Description, Minkler Shops Office and Garage The Minkler Shops Office and Garage is a 7,200-square foot single-story building that houses offices and equipment. The gravity system consists of diagonal wood roof decking supported by wood beams and precast concrete bearing walls supported by strip concrete foundations. The LFRS for the building consists of wood diaphragms with precast concrete shear walls. Minkler Shops Office and Garage Built in 1972 One Story Floor Area: 7,200 SF 2.9.2 Evaluation Results, Minkler Shops Office and Garage Deficiencies identified in the Minkler Shops Office and Garage pertain to the building's LFRS connections. Of primary concern is the roof diaphragm to wall connections. These connections are needed to provide out-of-plane lateral stability for the precast concrete shear walls. Rupture of these connections could lead to separation of the roof from the walls and partial or total collapse of the structures during a seismic event. Additional deficiencies were noted at the panel- to-panel connections and at the foundation to wall panel connections. These deficiencies could lead to the panels acting independently, rather than acting in a more desirable composite fashion. This independent action can lead to excessive stress in the individual panels causing wall failures. Deterioration of the wall panel to wall panel connections, including rusting of steel connections and concrete cracking near the panel inserts, was observed during our building walk- through. Additional deficiencies are identified in the complete ASCE 31-03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.9.3 Recommendations, Minkler Shops Office and Garage Because the deficiencies in the Minkler Shops Office and Garage are fairly well defined, we recommend that a design be developed to retrofit the building. City of Tukwila Seismic Screening & Evaluations 2-12 s.mber 2007 .. I MrH'lI r:l!iTil 2.10 George Long Shops 2.10.1 Building Description, George Long Shops The George Long Shop is a 32,200-square foot, two-story, pre-manufactured metal building that houses offices and vehicle maintenance operations. The gravity system consists of steel decking supported by steel beams and steel columns supported on spread foundations. The LFRS for the building consists of steel deck diaphragms with steel moment frames. George Long Shops Year Built: Unknown Two Stories Floor Area: 32,200 SF 2.10.2 Evaluation Results, George Long Shops Limited record drawings are available for the George Long Shop. No original construction drawings are available; partial information was provided by drawings created for subsequent remodeling and alterations. Based on the information that is available and observations from our building walk-though, the building is a pre-manufactured metal building. Typically, these buildings resist lateral loads with steel moment frames in one direction with steel tension bracing in the other. During the building walk-through no steel bracing was observed. The apparent lack of steel bracing is the primary concern for this building. It is possible that the exterior walls may act as metal panel shear walls in that direction, reducing the need for bracing. However, the amount of wall is very limited on the side of the building with the large vehicle access doors and bracing may still be required. Additional deficiencies are identified in the complete ASCE 31-03 Tier 1 Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. 2.10.3 Recommendations, George Long Shops Because the George Long Shop Building is a pre-manufactured metal building, we do not believe that it is economically feasible to retrofit the building to meet an Immediate Occupancy Performance Objective. As a result, additional evaluation based on a reduced performance objective may be warranted. City of Tukwila Seismic Screening & Evaluations 2-13 .mber 2007 ". I l'JtrWlrnrnil 2.11 Tukwila Community Center 2.11.1 Building Description, Tukwila Community Center The Tukwila Community Center is a one-story; 55,000-square foot building. The areas outside of the gymnasium and entry hall have a vertical structural system consisting of plywood roof sheathing supported by wood beams, wood posts, steel posts and wood bearing walls supported by spread and strip foundations. The LFRS consists of wood diaphragms with wood shear walls. The gymnasium portion of the building is constructed of steel roof decking supported by steel trusses and masonry bearing walls. The LFRS for this area consists of steel deck diaphragms with masonry shear walls. Tukwila Community Center Built in 1995 One Story Floor Area: 55,000 SF 2.11.2 Evaluation Results, Tukwila Community Center Deficiencies identified for the areas outside of the gymnasium and entry hall pertain to the building's wood shear walls. Some of the walls are potentially overstressed and lack adequate hold-down anchorage. Hold-down anchorages are intended to prevent the walls from overturning under seismic loads. These deficiencies may result in poor performance during a seismic event. Deficiency identified in the gymnasium portion of the building is that the masonry shear walls are over stressed for seismic shear loads. This may result in degradation and potential failure of the wall during a seismic event. Additionally, the roof diaphragm to masonry wall connections were found to be inadequate. These connections are needed to provide out-of-plain lateral stability for the masonry shear walls. rupture of these connections could lead to separation of the roof from the walls and partial or total collapse of the structures during a seismic event. Additional deficiencies are identified in the complete ASCE 31-03 Tier I Checklist in Appendix B. This building does not currently meet the Immediate Occupancy Performance Objective. City of Tukwila Seismic Screening & Evaluations 2.14 limber 2007 .. I ,'J t1HiI r!HiTil ~ 2.11.3 Recommendations, Tukwila Community Center Because of the excessive stresses identified in the wood and masonry shear wall elements system and the other deficiencies noted in the Tier 1 checklist, we recommend that a more detailed ASCE 31-03 Tier 3 evaluation of the Tukwila Community Center be conducted. City of Tukwila Seismic Screening & Evaluations 2-15 s.;mber 2007 .. I ~'It1iIiIl!UiTiI 3.0 Conclusions ASCE 31-03 Tier 1 structural evaluations were performed for 11 buildings owned by the City of Tukwila. A walk-through of the structures was performed in conjunction with these evaluations. Based on deficiencies noted in our Tier 1 evaluations and based on the complexity of the building structures, we recommend that additional, detailed investigations and analyses be performed for the followings structures: e Tukwila City Hall . 6300 Building . Fire Stations 51, 53, and 54 . George Long Shop . Tukwila Community Center Additional analyses and investigations of these structures may lead to recommendations for upgrades. Based on deficiencies noted and the straight-forward nature of the potential upgrades, we recommend upgrades be performed for the following structures: . Fire Stations 52 . Minkler Shops (3 Total Buildings) Most of the recommended improvements to these structures consist of added or improved connections between walls and the roofs and floors of these structures. City of Tukwila Seismic Screenings & Evaluations 3-1 .mber 2007 ". I ~TltfHiIrHliTiI ~""FORL-VIATION MElVIO To: From: Date: Subject: Mayor Mullet Public Works Directo1fHi) October 29, 2007 cr.' Seismic Hazard Analysis Services Supplemental Agreement No.3 with Reid lVliddleton City Project No. 03-BG04, Contract No. 07-087 ISSUE Approve Supplemental Agreement No.3 with Reid Middleton for Seismic Hazard Analysis Services. BACKGROUND Reid Middleton was the only respondent to the Request For Qualifications and subsequently entered in to City Contract No. 07-087 for preliminary seismic hazard screening services (phase I) in the amount of $19,092.00. Reid Middleton began work on May 16, 2007 and submitted the fmal seismic hazard screening report on September 21, 2007. Supplemental Agreement No.1 was for a 90-day time extension, and Supplemental Agreement Number 2 in the amount of $5,240 included a time extension for adding three City facilities to the Seismic Hazard Screening Services Project (the Community Center, George Long Shops, and Minkler Shops were not included in the original contract). As recommended in the fmal report, the City facilities listed below will now be evaluated in detail using the industry standard ASCE 31 Seismic Evaluation Procedure described on page 2-2 of the final report. The City asked Reid Middleton to submit a supplemental agreement proposal with a scope and fee estimate to perform Tier 2 and Tier 3 seismic evaluations (phase II). Tier 2 evaluations provide analyses more refined than Tier 1, but are still limited to simplified linear procedures. Tier 3 evaluations are more detailed and use advanced analytical procedures. The attached Supplemental Agreement No.3 will include, but not be limited to the following services: . Tier 2 evaluations for: o Fire Station 53 . Tier 3 evaluations for: o City Hall o 6300 Building o Fire Station 51 o Fire Station 54 o Tukwila Community Center P:\PUBWORK5\PROJECTS\A- BG Projects\03BG04 Seismic Screening Oty Fadlities\Info Memo Seismic Analysis 07-087 Supplement #3.doc Page 2 October 22, 2007 Mayor Mullet . Conceptual-level designs and cost estimates for seismic retrofit on the 6 facilities listed above. . Preliminary geotechnical recommendations for the facilities listed below that are structurally deficient and do not warrant Tier 2 an Tier 3 evaluations. These facilities and [mancial feasibility of retrofit compared to replacement o Fire Station 52 o Minkler Shops o George Long Shops . Final detailed report of all selSilllC hazard evaluation, analysis and retrofit recommendations. ANALYSIS Supplement No.3 is a reasonable scope and fee based on this level ofprelirninary engineering effort. This Supplemental Agreement No. 3 brings the total cost of the contract to $232,746.00. RECOMMENDATION Approve Supplemental Agreement No. 3 to Contract 07-087 in the amount of$208,414.00. attachments: Supplemental Agreement No.3 P:\PUBWORKS\PROJECTS\A- BG Projec'<.S\03BG04 Seismic Screening Oty Fadlities\Info ~lemo Seismic Analysis 07-0B7 Supplement #3.doc SUPPLEMENTAL AGREEMENT NUMBER 3 TO CONSULTANT AGREEMENT NUMBER 07-087 TillS SUPPLEMENTAL AGREEMENT is entered into bet\:veen the City of Tukwila, \Vashington, herein-after referred to as "the City", and Reid Middleton, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, May 16, 2007 and identified as Agreement No. 07-087. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services: See attached Exhibit A. 2. Payment: shall be amended as follows: This addition to the scope increases the fee by $208,414.00. See attachment B. Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $232,746.00 without express v..7fitten modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $232,746.00. 3. Schedule: Completion by March 21,2008. day of 2007. DATED this CITY OF TUKWILA Reid Middleton Steven M. Mullet, Mayor David B. Swanson, Principal P:\PUBWORKS\PROJECTS\A- BG Projects\03BG04 Seismic Screening City Facilities\07-087 Supplemental Agreement 3.doc EXHIBIT A Scope of Services A. Project Understanding This work is a continuation of the Phase I preliminary seismic screening and evaluations of City of Tukwi1a (the City) facilities. Based on the fmdings and recommendations contained in the fmal report from the preliminary seismic hazard screenings and evaluations, dated September 21, 2007. The City decided to progress with Phase II detailed seismic evaluations of the following buildings; City Hall, 6300 Building, Fire Stations 51, 53 and 54 and Tukwila Community Center. In addition to the seismic safety for these buildings, this work will also provide the City with preliminary structural concept retrofit designs, an assessment on how functionally useful the buildings are, preliminary geotechnical information, and preliminary costs for retrofitting the buildings and replacing the buildings. The purpose of this of this study is to provide the City with enough information to determine if the buildings should be renovated or replaced. B. Scope of Services Reid Middleton will provide the following services: 1. Conduct site visits to each of the buildings listed in Item 2 and Item 3 in order to gather additional information required for the seismic evaluations. The City will coordinate access to each of the sites with the building occupants. 2. Perform an ASCE 31-03 Tier 2 deficiency-based structural evaluation of the building listed below based on the findings from the ASCE 31-03 Tier 1 evaluation. As part of the Tier 2 evaluation, efforts will be made to obtain a complete set of the buildings record drawings. Fire Station 53 4202 South 115th Street Tukwila, WA 98168 3. Complete ASCE 31-03 Tier 3 building seismic evaluations of the facilities listed below. Reid Middleton will perform ASCE 31-03 Tier 3 evaluations using ASCE 41-06 component-based procedures. The buildings listed below will be evaluated for Immediate Occupancy structural performance under the 10%/50-year seismic event. Forces will be reduced by 25 percent for evaluation purposes. Nonstructural performance will not be evaluated at this time. The results of the evaluation will be used to determine the extent of seismic deficiencies in both the primary and secondary structural elements and components throughout the buildings. The detailed evaluation will provide the basis for the recommended seismic rehabilitation strategy. Tukwila City Hall 6200 Southcenter Boulevard Tukwila, WA 98188 6300 Building 6300 Southcenter Boulevard Tukwila, WA 98188 Fire Station 51 444 Andover Park East Tukwila, WA 98188 Fire Station 54 4237 South 144th Street Tukwila, WA 98188 Tukwila Community Center 12424 42nd Avenue South Tukwila, W A 98168 4. Perform limited preliminary concept-level design to assess the feasibility of basic seismic rehabilitation strategies and design concepts for the buildings listed in Item 3. Rehabilitation alternatives will be evaluated for Immediate Occupancy structural performance under the 1 0%/50-year seismic event using ASCE 41-06 criteria. 5. Provide preliminary opinion of probable costs for the concept-level retrofit designs provided in Item 4. The preliminary opinion of probable costs will be given in a cost per square foot format and with a range of values. This information will be used to help determine the feasibility of retrofitting the buildings versus constructing new buildings. 6. Architectural Services a. Capital Facilities Assessment Document the age, condition, and functionality of the buildings in Item 3. Services would include: (1) Tour these existing facilities. Perform a visual inspection and document significant property features, conditions, constraints, and/or encumbrances. (2) Review documented property information and previous construction plans provided by the City of Tukwila. (3) Together with City staff and division heads, identify the functional and operational inefficiencies at each building. This could include inadequacies of the particular room or space, obsolescence, lack of specialized equipment, inefficient circulation, and/or the like. b. Building and Site Diagrams Provide preliminary building and site diagrams to confirm if the existing buildings can adequately support any projected building additions and/or replacement plans. Also known as "test-to-fit" diagrams, this exercise would inform the City of potential inadequacies in meeting the identified operational requirements. This could assist the City of Tukwila in their decision to renovate or replace anyone or more of these particular buildings. c. Capital Facility Financial Models Assist in estimating the project soft costs (i.e. sales tax, A&E fees, permits, special consultants, land acquisition, furnishings, equipment reasonable contingencies, and the like). Overall project timelines would be incorporated into the cost modeling to capture the cost of inflation over time. d Stakeholder Presentations Assist with presenting the fInal capital facility recommendations to individual stakeholder groups. These services could include preparation of graphic materials (large format renderings, PowerPoint presentation, handouts, narratives, and the like). 7. Provide preliminary geotechnical recommendations for the sites listed in Items 2 and 3 and the sites listed below. These recommendations will be based on the geotechnical engineer's knowledge ofthe local geologic hazards and features. No site borings will be conducted. This information will be used to help determine the feasibility of retrofItting the buildings versus constructing new buildings. George Long Shops 14000 Interurban Avenue South Tukwila, WA 98168 Minkler Shops 600 Minkler Boulevard Tukwila, WA 98188 Fire Station 52 5900 South 147th Street Tukwila, WA 98188 8. Prepare a report summarizing the fmdings of the ASCE 31-03 evaluations for the buildings listed above in Items 2 and 3. The report will also include a narrative and sketches ofthe preliminary concept designs from Item 4 above and the opinion of probable cost from Item 5. A draft report will be submitted to the City for review and comment, followed by a fInal report. Four copies of the report will be furnished at each submittal. In addition, one electronic copy of the fInal report will be provided. In conjunction with the submittal of the draft and fInal reports, Reid Middleton will attend a meeting to present our findings and recommendations to the City. Attachment B 728 134th Street SW Everett. WA 98204 (425) 74t-3800 (425) 741 Task No. Estimate of Professional Services A-7174- (-t ptcnkir PROJECT: City of Tukwila Seismic Evaluations Ph 11 BY: CMH CLIENT: City of Tukwila DATE: 10/11/2007 PROJ. NO: 26.07.023 FILE: h\doc\forms\blanksWeeEstShort.xls,„ Revised 7/7/04c Typical Project loam Role: PP PP/PM PP/PM PP/PM PM/DE PM/DE PM/DE PD PD Drafter Specs Project Total Sr Sr Senior Project Project Enginee Design Sr Sr Tech Labor Principal Principal Engineer Engineer Engineer Eng Eng r Engineer Designer Writer hours Hourly Rate:" 5205 5205 5158 $145 3745 5128 $80 5115 5100 5100 5100 Description 506 OBS ECM FR, PRE) PNC SK CHM RL GLV VLF Total Labor Earnings (1.) ta) tu ..ci S Labor vs 0) co w. ct o Reimb 75I 5 cost 15% 5 ISSo Prolat Management 00001 Projcot M2rnt. 10 36 466i90 0 1, 'Iliti 00002 QA/QC 8 24 32 5014 ---7 5, :IR5 00003 Meeting,s_ 8 4 16 28 4 ;000. 15 4 ,TR6 00004 Coord,with_Architect 16 16 1 0 1,84 0 00005 Coord„ CostEstimator 6 0 00 d 1010 a0oo6 Coord. with Geotechnical Eng 6 a off" 0 01,j Sutiicital Task 000 0 6 9 0 28 0 0 0 134 18,590 n 0 0 2 001 Site Visits 00101 Tukwila City Hall 1 2 2 5 575 9 dbio 6 300 BLDG 1 2 2 15 575 7 An: 00103 Tukwila CommunItyCanter 1 2 2 8 575 0 575 00104 Fire Station 51 1 2 2 5 575 00105 Fire Station 53 1 2 2 5 575 .0 075 00106 Fire Station 54 1 2 2 0 575 Cl Subtotal Task 001 0 0 0 0 6 0 0 12 12 0 0 !30 3,450! 0 0 0 3,450 002 ASCE 31-03 Tier 2 Eval FS 53 0001 Obtain complete record drawings 4 4 460 0 49)) 00202 Review record drawings 2 4 6 630 0 620 00203 Review weight lake off 4 4 460 0 46'd 00204 Complete Tior II Quick checks 4 8 12 1260 0 '1;260 00205 CeTeulations. 4 8 12 1;260 0 1,03 Subtotal Tas k 002 0 0 0 0 0 0 0 16 140 0 0 38 4,070 0 0 0 7 003a ASCE 31-03 Tier 3 Eva' City Hall )03a01 Review record drawings 4 4 8 1)00 0 060 )03a02 Review weight take off 4 4 460 0 460 itiS"iod A 03 Lateral Analysis 2 4 16 24 46 5,125 0 0,126 )03i54 GiOiiiiiiiiri91obktalculagion 4 16 24 4( 4 ,520 0 4 )03a05 Foundation OCR Calculations 2 4 .8 14 r 1,550 0 00 Subtotal Task 003a 0 0 44 60 0 116 12;826 0 0 12k 003b ASCE 31-03 Tier 3 Eval 6300 BLDG 103b01 Review record drawings 4 4 8 860 860 )03b02 Review weight take oft 4 4 450 460 Reid iddleton 728 134th Street SW Everett, WA 98204 (425) 741-3800 (425) 74' Typical Project team Role: PP PP /PM PP /PM PP /PM PM /DE PM /DE PM /DE PD PD Drafter Specs Project Tolal m Sr Sr Senior Project Project Enginee Design Sr Sr Tech Labor 'Total Labor m E Principal Principal Engineer Engineer Engineer Eng Eng r Engineer Designer Writer hours Eamings Hourly Rate :j $205 $205 '$158. $145 $145 $128 $80 $115 $100 $100 1$100 cost 16% Task No. Description I ROG OBS BCM FR, PRB PNC LKL SK CHM F11. GIN VLF iO3b0 ASCE 31.03Lateral Analysis 3 I...... 2 lj..__..... 16 24 #G )03004 Lateral Framing DCR Calculations 4 116 24 103b05 Foundation DCR Calculations 2 4 8 Subtotal Task 003b n ................0... 10 i7.... 44 60 0 0 114 12, 003o ASCE 31 -03 Tier 3 Eval FS 51 )03c01 Review record drawings )03c02 Review rvei h eight take oil )03e03 ASCE 31-03 Lateral Analysis 2 )03c04 Lateral Framing DCR Calculations )03c05 Foundation DCR Calculations Subtotal Task 003c 0 003d ASCE 31 -03 Tier 3 Eval FS 54 record d drawings )03d01 Review r__........__,,.._ v record 103d02 R ©view w o ,h t take off 103403 ASCE 3 1 -03 Lateral Analysis :03d04 Lateral Franling DCR Calculations 103d05 Foundation OCR Calculations I )0'3d06 Obtain unginal Recard Drawings Subtotal Task 003d 0 0 003e ASCE 31 -03 Tier 3 Eval Community Center 10 Review record drawings )03e02 Review weight take off 103003 ASCE 31 -03 Lateral Analysis 2 10304 Lateral Framing DCR Calculations 103005 Foundation DCR Calculations 0 Pr e....___i limnar Retrofit Concept Design 00401 Tu kwila City Hall 2 00402 6300 BLDG 2 00403 Fire Station 51 1 00404 Fire Station 54 00405 Tukwila Community Center Estimate of Professional Services PROJECT: City of Tukwila Seismic Evaluations Ph 0 BY: CMH CLIENT: City of Tukwila DATE: 10/11/2007 PROJ. NO: 26,07,023 FILE: h\doc\forms\blanks\FeeEstShort.xls Revised 7/7/04c 0 5 I) 0 13 5 0 0 36 110,520 0 0 0 10 525 2 4 4 16 2 4 0 00 4 ,1 11`0 4 4 8 2 8 16 26 2 16 24 42. 2 4 8 14 ,5'311 Subtotal Task 003e 0 0 L' 0 TO 0 0 14 60 2 2 2210 0 0 0 12 23 G'ify'k1' 0 12__._. 18 1.5..,_.. 4 8 14 ),555 0 4 a .861i71 36 0 65 7,068 :0 0 0 1,003 44 5.1 3'F 4.620 14 1„ rLi0 0 1113 12,820 0 0 Subtotal Task 004 0 0 8 0 16 ¢l ji t,2 100 0 0 20 Labor Reimb 0 4,820 r.Y 1,560 0 0 0 12,6213 4 4 8 8160 0 650 4 4 460 0 480 16 24 46 5116 0 5„ „130, 24 4.4, 4,620 0 41610 8 Reid iddleton 728 134th Street SW PROJECT: City of Tukwila Seismic Evaluations Phil BY: CMH Everett. WA 98201 CLIENT: City of Tukwila DATE: 10/11/2007 (425) 7:1.3800 PROJ. NO: 26.07.023 FILE: h \doc \forms \blanks \FeeEstShort.xls,,. Revised 7/7/04c (125) 74' Task No. 005 Cost Estimator Allowance 00501 Typical Project team Role: PP PP /PM PP /PM PP /PM PM /DE PM /DE PM /DE PD PD Drafter Specs Project Total o Sr Sr Senior Project Project Enginee Design Sr Sr Tech Labor Total Labor w E Principal Principal Engineer Engineer Engineer Eng Eng r Engineer Designer Writer hours Eamings 5 co o 75 Hourly Rate;' 5205 $205 $158 5145 5145 5128 580 5115 5100 5100 5100 cost 15% Description ROG DBS BCM FR, PRB PNC LKL SK CHM RI. GLV VLF 'Su6totaf lask"d05 006 Architectural Allowance 00601 Tukwila City Hall 006 02 6300 BLDG Q06 03 Fire Statio 00604 Fire Stat on 54 00605 Tukwila Community Center Subtotal Task 006 0 007 Geotechnical Allowance 00 701 008 Final Report 00801 Front End 00802 Conclutions 00803 Graphics 00804 Meeting Assumptions Subtotal Task 008 Estimate of Professional Services Subtotal Task 007 0 f1 t1 I 0 4 be billed using the rates, personnel categories, and terms identified in Exhibit A. 0 TOTAL HOURS 0 26 33 0 98 0 SubTotal Cost 0 I 0,300 !1,2 I I 14.210 I 0 Percent of Total Hours 0% 3% 3% 0% 10% 0"1, 'Project Duration 16 Wks Avg Wkly 313,020 I 0 0 Q 0 0 0 0 0 12 16 2,01; 16 16 16 .64 i 8 a 12 2'8 2,5120 4 8 1,032 16 0 0....... ,..........,.tj...............47_.. .1,2 16 110_ 13„488 Labor Reimb 10,000 767 0 ROW 0 0 16,000 16,400 sr ?,,4300 0 k t 15,000 17,2110 1 r 25 3j 0 10,000 11,500 11 lj 0 7,_000 t1 �1 a 1 066 0 1:0 12,000 l aso0 0,000 00,4)00 0 0' 10,000 11400 11 „5l56 0 1 01000 11,50'G 0 0 7,404 1.1 fi t'.111} 13,480 0 404 42 12 10 1,,013 118,414 0 80,000 92,000 2118.414 0 40,400 4'2,400 1.200 1,000 110,414 0'4, 40 42'10 I'1 2% Inflation Factor 4% Hours and rates shown are for estimating purposes only. The actual number of hours charged to the project and personnel used may vary. Hours worked will 1 "A of Work atter July 1 0% Inflation Adj. on Labor and Exp. 0 Contingency /Rounding 0 TOTAL 206,411 City of Tukwila 6200 Southcenter Boulevard · Tukwila, Washington 98188 Steven M. Mullet, Mayor To: Finance and Safety Committee From: Mayor's Off~~" RE: 2008 Contract with Kenyon Disend, PLLC Date: November 1,2007 Please see attached the proposed 2008Contract with Kenyon Disend. PLLC.. The only change from last year is the date, which has been changed from 2007 to 2008 (page 1, Section 4, Duration of Agreement), a 4% increase in the flat fee, and an increase in hourly rates. It is recommended that this contract be fonvarded to the November 19 Regular Meeting for approval. Iso attachments Phone: 206-433-1800 8 City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us Contract No. CONTRACT FOR LEGAL SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and KENYON DISEND, PLLC, hereinafter referred to as "the Contractor," whose principal office is located in Issaquah, Washington. WHEREAS, the City has a need to have certain legal services performed for its citizens; and WHEREAS, the City desires to have the Contractor perform such services pursuant to . certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope ~mo Scneollle of Service~ to he Performeo hy ~ontnlctor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. ~ompen~::Jtion ::Jno Metnoo of P::Jymenf, The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. ~ontr::Jctor RlIoeet, The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. l)lImtion of Aereement. This Agreement shall be in full force and effect for a period commencing January 1, ZB672illl&, and ending December 31, ZB672llil8., unless sooner terminated pursuant to paragraph 8 of this Agreement. 5. Tnoepenoent ~ontrm~tor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits -1- C:\DOCUME-1\shelley\LOCALS-l\Temp\XPGtpWise\TuJmila2008 Kenyon Disend -1RACK CHAi'iGE.doc/S/101I7/07 accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee ofthe Contractor. 6. Tnnemnificl1tion. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnifY, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. TnSllmnce. The Contractor shall procure and maintain in full force throughout the duration ofthis Agreement professional liability insurance with a minimum coverage of $1 ,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Tel111inl1tion. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. 9. Discriminl1tion Prohihiten. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 10. Assienment ~nci Sllhcontnlct. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 11. Entire Aereement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement and with the consent of the City Council. -2- C:\DOCUME-I\sbelleylLOCALS--l\Temp\XPGrp\VISe\Tukwila 2008 Kenyon Disend -lRACK CHANGE.doclS/IO/17i07 12. Notice~. Notices to the City of Tukwila shall be sent to the following address: City Clerk City ofTukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 13. Applicnhle Lnw; Venlle; Attomey'~ Fee~. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce. any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this _ day of , ZOO62fi01. CITY OF TUKWILA CONTRACTOR: KENYON DISEND, PLLC Mayor Steve Mullet By: Title: ATTEST/AUTHENTICATED: ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392-7090 Jane E. Cantu, City Clerk - 3- C:\DOCUME-l\shelley\LOCALS-1\TempIXPGtpWise\TukwUa 2008 Kenyon Disend - TRACK CHANGE.doclS/lO/l7i07 FXHTRTT A -- Sr.OPF OF SFRVTf:FS Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in-house city attorney office consisting of one city attorney and one assistant city attorney/prosecutor. In particular, Contractor agrees to: 1. Provide general city attO'rney services, which include but are nO't limited to': A. Attend regular meetings of the City Council; B. Attend Executive Sessions and special meetings of the City Council, Committee of the Whole, Committee meetings, and meetings of City Boards and Commissions, upon request; C. Prepare or review ordinances, resolutions, contracts, interlocal agreements, and other city documents or materials; D. Practice "preventative law" in the form of regular consultation with staff and elected officials, and maintenance of between 20 and 25 "office hours" each week at City Hall, exclusive of prosecutor time; E. Provide special classes and/or seminars for staff, elected officials, Boards, and Commissions on issues including, but not limited to, ethics, conflict of interest, and the appearance of fairness doctrine. F. Except as set forth in Section 3, defend litigation brought against the City; G. Defend or initiate administrative hearings involving the City including, but not limited to, drug forfeiture and seizure hearings, code enforcement, and similar matters; H. Such other general city attorney matters as are assigned; I. Provision of pagers and cellular telephones to all attorneys employed by Contractor, and a list of such pager and telephone nunibers to the City; and J. Comprehensive Internet and remote access capability, including e-mail, linking Contractor's office with City Hall. -4- C:\DOCUME-l\shelley\LOCALS--l\Temp\XPGtpWise\TuI",i1a 2008 Kenyon Disend - TRACK CHAt"\fGE.dodSllO/17/07 2. Provide city prosecution services, which include but are not limited to: K. Review, determine filing decision, and file all Tukwila Police Department reports involving misdemeanor and gross misdemeanor crimes, and represent the City on all contested traffic hearings; L. Regularly consult with and train police department personnel on selected legal issues, and attend police department administrative staff meetings as requested; M. File and defend appeals of municipal court decisions; and N. Such other city prosecution matters as are assigned. 3. Provide City Attorney services for -litigation and contested administrative I proceedings, which include but are not limited to: O. Initiation and defense of litigation and contested administrative proceedings on the City's behalf. Contractor shall be compensated for such litigation and contested administrative proceedings as Separate Matters under paragraph 2 of Exhibit B. 4. Provide Special Services, which include but are not limited to: P. Other specialized municipal law services; provided, however, that any such Special Services shall first be authorized by the Mayor, and shall be subject to paragraph 3 of Exhibit B regarding compensation. 5. Provide paralegal services, which include but are not limited to: Q. General paralegal support for the City Attorney and for the prosecuting attorney equivalent to one FTE. 6. It is understood and agreed that the City Attorney shall not provide private legal services to any employee of the City of Tukwila during the term of this agreement. - 5- C:\DOCUME-l\shelley\LOCALS--l\Temp\XPGrpWise\Tukwila 2008 Kenyon Disend - TRACK CHAt"GE.dodSlIO/17/07 EXHTRTT R -- rOMPENSA TTON A NT) METHOD OF PAYMENT 1. For all general city attorney and city prosecutor services set forth in paragraphs 1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $J5,J701{)J7R~, plus extraordinary expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery costs, parking, mileage costs other than to and from City Hall or other locations within the City, and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not include routine photocopying, fax, or long-distance telephone charges. 2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit A shall be considered to be Separate Matters. Contractor shall maintain its current practice of providing individual monthly billing statements for each Separate Matter. Separate Matters mean (a) each individual civil action filed by or against the City, except that multiple condemnation lawsuits related to the same project shall constitute only one Separate Matter, (b) all Code Enforcement matters collectively conducted before the Hearing Examiner or in Court, but not including general code enforcement services which shall be included in Contractor's flat monthly fee, ( c) all criminal appeals collectively filed by or against the City, and (d) all drug or other forfeiture matters collectively filed by or against the City. Contractor shall include within the monthly flat fee, and shall not otherwise bill the City for, the first $5,000 expended on any Separate Matter as computed at Contractor's normal hourly rates for 26e9:20.0.8.... Thereafter, and for each such Separate Matter, Contractor shall be paid its normal hourly rates for 2007200& which range between $t3B14Q and $22523.5. for attorneys and between $T5RO and $ge2S for paralegals, together with reimbursement for extraordinary expenses. Legal interns shall be billed at an hourly rate not to exceed $96:9.5.. 3. Special Services, if any, shall first be approved by the Mayor and City Council after negotiation regarding (1) whether additional compensation is fair and equitable for such Special Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such Special Services. -6- C:\DOCUME-I\shelleylLOCALS-:-1\TempIXPGtpWise\Tukwila 2008 Kenyon Disend - TRACK CHANGE.dodSll0/17i07 ATTORNEYS: KENYON DISEND, PLLC HOURLY RATE SCHEDULE FOR YEAR 20072.O1l8 PFlrtner~ FInn Senior A ttomey~: Michael R. Kenyon Bruce L. Disend Shelley M. Kerslake Chris D. Bacha Sandra S. Meadowcroft MFlre;:tret T Kine K FIn SFlnn A~~oc-iFlte Attomey~: Jo~eph n. Levan K<:ui SanJ Ht;.idi DlU~.iu~ Kel1i A. JOIgenSt;ll T Vill G uilfu.il PeteI Dt;l,;.kwith LUI,;.t;y MuJdle Renee VI ulls Monica Duck Kathy Hal d y Peter Rec-kwith Renee WFlll~ KFlthy HFlrny PARALEGALS: Margaret C. Starkey Sheryl A. Loewen Pam M. Odegard Shelly Crossland N.ikk.i Meistel Mary Eichelberger Terry Cox $22523.5..00 $225215..00 $t952Ili.00 $t952Ili.00 $+962O.Q.00 $')0000 $1 90 00 $170.00 $170.00 $155.00 $155.00 $155.00 $150.00 $150.00 $140.00 $130.00 $130.00Amy To PeFlr~Flll $1 fiO 00 $1'5000 $140 00 $96.25..00 $86&5.00 $75.8..Q.00 $75.8..Q.00 $75.00 $75.8..Q.00 $75.8..Q.00 -7 - C:\DOCUME-l\shelleylLOCALS--l\TempIXPGrpWise\Tulmlla 2008 Kenyon Disend - TRACK CHANGE.docJSllO/17/07 $lfi'500 Kim Obermayer Kathy Swoyer $75&il.00 $75&il.00 LEGAL INTERNS: $9625..00 - 8- C:\DOCUME-l\shelley\LOCALS-1\TempIXPGtpWise\Tulmila 2008 Kenyon Disend - TRACK CHANGE.dodS/IO/17i07 City of Tukwila 6200 Southcenter Boulevard. Tukwila, Washington 98188 Steven M. Mullet, Mayor MEMORANDUM TO: Finance and Safety Comwittee ~ Mayor's Of FROM: SUBJECT: Public DATE: November 1,2007 Attached for your review is a contract with Kirshenbaum and Goss, Inc. P.S. for Public Defender Services. This contract will replace one currently in effect that expires on December 31,2007. The proposed 2008 contract reflects a 10 percent increase in the monthly rale, which we believe is appropriate given that the current rate has been effective for three years. The proposed contract incorporates an annual inflator to avoid such large increases in the future. It is recommended that the contract be reviewed by the committee, then forwarded to the November 19 Regular City Council Meeting for approval. Phone: 206-433-1800 . City Hall Fax: 206-433-1833 · www.cUukwila.wa.us CONTRACT FOR PUBLIC DEFENSE SERVICES Kirshenbaum and Goss. Inc.. P.S. - 2008 TillS CONTRACT, entered into between the CITY OF TUKWILA, a municipal corporation, herein referred to as the "City," and DAVID R. KIRSHENBAUM, herein referred to as "Attorney. " 1. Scope of Services. All indigent criminal defendants charged under ordinances of the City who qualify for appointment counsel and are screened upon or after January 1, +9992008, shall be referred to the Attorney. The Attorney shall provide legal representation for each of these defendants from the time of screening for eligibility through trial, sentencing and appeals to the Superior Court, if necessary. 2. Applicant Screening. Determination of indigency for eligibility for appointed counsel under this Agreement shall be determined by an independent screening process established by the City. Should the Attorney determine a defendant is not eligible for assigned counsel prior to the establishment of the attorney/client privilege, the Attorney shall so advise the City to reconsider the screening of that particular individual. 3. 24-Hour Telephone Access. The Attorney shall provide to the City Police Department, a telephone number or numbers at which an attorney may be reached 24-hours each day for "critical; stage" advice to the defendants during the course of police investigations and/or arrest for misdemeanor violations of City ordinances. 4. Associated Counsel. Any counsel associated with or employed by the Attorney shall have the authority to perform the services called for herein and Attorney may employ associate counsel to assist him/her at Attorney's expense. The Attorney and all associates or Attorney's hired pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington. 5. Proof of Professional Liability Insurance. During the term of this Agreement and any extensions thereof, the Attorney shall secure and maintain a policy of comprehensive professional liability insurance given with an insurance company licensed to do business in the State of Washington. Said policy shall have limits of not less than $1,000,000.00. 6. Indemnification. The Attorney shall indemnify and hold the City, its elected officials, officers, and employees harmless from any and all claims whatsoever arising out of the Attorney's performance of obligations pursuant to this Agreement, including claims arising by reason of accident, injury or death. 7. Compensation. The City shall pay to the Attorney for services rendered under this Agreement, the flat rate of$9,000.009.900.00 per month during the period of January 1, 2008~December 31, ~2008. This flat rate shall pertain to a caseloadof 120B{} per month. In those months where the caseload exceeds 120B{}, the Attorney shall be compensated at a rate of$85.00~ per case. These provisions shall be reviewed annually W:\Mayor's Office Contracts\Kirshenbaum Contract 2007amend track changes.doc SO:ksn 11/1/2007 Page 1 of 1 not later than October of each year beginning in 2008~ to determine their appropriateness. Adjustments in the rate for the following year shall be made upon mutual approval of the parties. The Attorney shall bill the City on the first day of the month, or the first workday thereafter, for all cases assigned to him/her for the previous month. The first payment shall be made on or before January 20, 2008~, and by the 20th day of each and every month thereafter. Annual CPI adiustment will be determined using CPI-U Seattle February to February retroactive to January 1 of each year. 8. Discovery Provided. The City shall provide to the Attorney, at no cost to the Attorney or defendant, one copy of all discoverable material concerning each assigned case. Such material shall include, where relevant, a copy of the abstract of the defendant's driving record. 9. Code Provided. The City shall provide to the Attorney, at no cost to the Attorney, one copy of the Tukwila Municipal Code, and any amendments thereto adopted during the term of this contract. . 10. No Assil!nments or Subcontracts. No assignment or transfer ofthis Agreement, nor of any interest in this Agreement, shall be made by either of the parties without prior written consent. 11. Attornev Conflict. n the event the representation of a defendant hereunder raises a conflict of interest such that the Attorney cannot ethically represent the defendant, said defendant shall be referred back to the City for further assignment, without cost to the Attorney. 12. Term of this Al!reement. Provisions of services pursuant to this Agreement shall commence on January 1, 2008~. This Agreement shall remain in full force and effect through December 31, 20 1 O~, unless terminated earlier pursuant to the provisions hereof. 13. Termination. a. At Election of the City or Attorney: The City or Attorney may terminate this Agreement without the necessity of substantiating cause upon expiration of 60 days from receipt by City or Attorney of written notice of such termination. b. For Reasons Beyond Control of Parties: Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's reasonable control, such as, but not limited to, acts of nature, war or warlike operations; civil commotion; riot; labor dispute, including strike, walkout, or lockout; sabotage; or superior governmental regulation control. c. Notice: Notice of termination pursuant to section 13.b. above, shall be given by the party terminating this Agreement to the other not less than 30 days prior to the effective date of termination. W:\Mayor's Office Contracts\Kirshenbaum Contract 2007amend track changes.doc SO:ksn 1l/l12007 Page 2 of2 14. Amendments. No modification of amendment of the provision of this Agreement shall be effective unless in writing and signed by authorized representatives of the parties hereto. 15. Entire Ae:reement. This instrument contains the entire agreement between the parties and may not be enlarged, modified, or altered, except in writing, signed by both parties and endorsed herein. Dated this day of , 2007;!.004. CITY OF TUKWILA: DAVID R. KIRSHENBAUM: By: By: Steven M. Mullet, Mayor ATTEST: By: Jane E. Cantu, CMC, City Clerk W:\Mayor's Office Contracts\Kirshenbaum Contract 2007amend track changes. doc SO:ksn 11/1/2007 Page 3 of3 City of Tukwila 6200 Southcenter Boulevard. Tukwila, Washington 98188 Steven M. Mullet, Mayor From: Finance and Safety Committee Mayor's om~~~ Profes~~J-vices Contract MJ Durkan, Inc. To: RE: Date: November 1,2007 Attached for your consideration is the 2008 Contract for Sel-vices with MJ (Jamie) Durkan. This contract is identical to the 2007. Staff would ask that the contract be forwarded to the Regular City Council Meeting on November 19,2007 for approval. Iso attachments Phone: 206-433-1800 .. City Hall Fax: 206-433-1833 .. www.cUukwila.wa.us Contract For Services 20081- MJ Durkan, Inc. This agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City", and, MJ Durkan, Inc., hereinafter referred to as "the Contractor" whose principal office is located at #357, 330 Southwest 43rd Street Plaza - Suite K, Renton, Washington 98055. Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staff resources or expertise to perform such services, and Whereas, the City desires to have the Contractor perform such services pursuant to certain terms and conditions,now, therefore, In Consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed bv Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B (Fees) attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed four thousand dollars ($4,000) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed five hundred dollars ($500) per month without prior approval of the City. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. Duration of Aqreement. This Agreement shall be in full force and effect for a period commencing January 1, 200~+ and ending December 31, 200~+ unless sooner terminated under the provisions hereinafter specified. Contract for SelVices MJ Durkan January 2006 Page 2 Independent Contractor. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. Conflict of Interest. Without the express written consent of the Mayor, the Contractor shall not represent another client if the representation of such client will conflict with the Contractor's representation of the City. If the Mayor believes the Contractor's representation of another client conflicts with the Contractor's representation of the City, the Mayor shall notify the Contractor in writing of such conflict. Within 2 days of the receipt of such notification, the Contractor shall withdraw from the representation of such client or explain to the Mayor in writing why, in the view of the Contractor, a conflict does not exist. If the Mayor then believes a conflict is still present, the Contractor must immediately cease representing the client or the Mayor may immediately terminate this contract. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Contract for Services MJ Durkan January 2006 Page 3 Insurance. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. Record KeepinQ and Reporting. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of this Agreement. The City shall maintain these records for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by law during the performance of this Agreement. Termination. The City giving to the Contractor thirty days written notice of the City's intention to terminate the same may at any time terminate this Agreement. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Contract for Services MJ Durkan January 2006 Page 4 Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to the Contractor shall be sent to the following address: MJ Durkan, Inc. #357 330 SW 43rd St., Suite K Renton, WA 98055 Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CONTRACTOR: CITY OF TUKWILA BY: TITLE Mayor, Steven M. Mullet A TTEST/AUTHENTICA TED: CITY CLERK, Jane E. Cantu APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: Contract for Services MJ Durkan January 2006 Page 5 Exhibit A Scope of Services The Consultant shall, at the direction of the Tukwila Mayor's Office: 1) work with Tukwila officials, King County elected officials, and State elected officials to -facilitate the Tukwila Valley South annexation and development. 2) Work with local, regional and state officials on general matters of interest to the City of Tukwila. 3) Notify the Tukwila Mayor's Office of emerging issues of importance to the City. It is understood that the above-cited tasks are representative of the requirements associated with achieving the City's objectives and are not necessarily an all- inclusive description of the Consultant's efforts. Contract for Services MJ Durkan January 2006 Page 6 Exhibit B Terms of Payment The consultant will invoice the City for the work completed at the rate of $4,000 per month at the close of each month. Invoices will be paid within twenty (20) days of receipt. Any extraordinary expenses claimed shall first be approved by the City ofTukwila before the consultant obligates any funds. Expenses shall be detailed on each monthly billing and shall not exceed five hundred dollars ($500) per month without prior approval of the City. 6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor attachments City of Tukwila To: Finance and Safety Committed From: Mayor's Office RE: 2008 Contract with Ball Janik, LLP Date: November 1, 2007 MEMORANDUM Please see attached the proposed 2008 Contract with Ball Janik, LLP. The only changes from last year are: 1) The date has been changed from 2007 to 2008 (page 1, Duration of Agreement section) 2) In Exhibit A the Scope of Work has been amended and fine tuned It is recommended that this contract be forwarded to the November 19 Regular City Council Meeting for approval. Phone: 206- 433 -1800 e City Hall Fax: 206 433 -1833. www.ci.tukwila.wa.us Contract For Services - 200~1 Ball Janik, L.L.P. This agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and Ball Janik, LLP, hereinafter referred to as "the Contractor" whose principal office is located at 1455 F Street, NW, Suite 225, Washington D.C. 20005 Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staff resources or expertise to perform such services, and Whereas, the City desires to have the Contractor perform such services pursuant to certain terms and conditions, now, therefore, In Consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statues, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the city ifthe scope or schedule is to be modified in any way. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and mcorporated herein by this reference. The total amount to be paid shall not exceed nine thousand two hundred dollars ($9,200) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed one thousand dollars ($1,000) per month without prior approval of the City. The monthly retainer shall be evaluated at the end of the first full month and each quarter thereafter for appropriateness. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 200~1 and ending December 31, 2001~ unless sooner terminated under the provisions hereinafter specified. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between Contract for Services - 2007 Ball Janik, L.L.P. Page 2 the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. Indemnification. The Contractor shall indemnify, defend and hold harmless the City its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against he City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence ofthe City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence ofthe City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Insurance. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. Record Keeping and Reporting. The Contractor shall maintain accounts and records, including personnel, property, [mancial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of this Agreement. These records shall be maintained for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 4014 and by the City. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject inspection, review or audit by law during the performance of Contract for Services - 2007 Ball Janik, L.L.P. Page 3 this Agreement. Termination. The City giving to the Contractor thirty days written notice ofthe City's intention to terminate the same may at any time terminate this Agreement. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to the Contractor shall be sent to the following address: Ball Janik, LLP Michelle E. Giguere 101 SW Main Street, Suite 1100 Portland, OR 97204 Applicable Law: Venue~ Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or the proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Contract for Services 2007 Ball Janik, L.L.P. Page 4 DATED this CONTRACTOR: BY: ATTEST /AUTHENTICATED day of Jane E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: CITY OF TUKWILA: Steven M. Mullet, Mayor, Contract for Services - 2007 Ball Janik, L.L.P. Page 5 Exhibit A Scope of Work and Specific Service Ball Janik, LLP 1. Scope of Work: Ball Janik LLP will provide federal representation and lobbying services for the city of Tukwila related to securing federal authorization and appropriation for key projects identified by the City. Ball Janik LLP will also work with City officials, City staff, the Washington Congressional delegation, key Congressional Committees, and Administration officials to build upon previous work done by the City. On matters offederal policy, Ball Janik will monitor key legislation debated by Congress this session and will continually evaluate such legislation for opportunities to secure special congressional or federal agency support for policies which will help to advance TUkwila's goals and priorities. Ball Janik will monitor the ongoing debate over telecommunication legislation and will advocate for legislative language~ which will maintain or restore local control over franchising, access to local rights of way, and related matters '.'/hen it comes to regulating telecommunication proT/idcrs in the city. In addition, Ball Janik will closely monitor final Congressional Action debate oyer the rcauthoriz.ation of our nation's federalon the aviation program renewal legislation, and advocate for program changes and funding levels that could benefit Tukwila and city neighborhoods adversely affected by operations at SEATAC or Boeing Field. Further, Ball Janik will monitor and advocate for Tukwila on environmental, energy conservation, affordable housing, emergency responder, water policy bills, surface and rail transportation fundingL-aftd-policy, and tffit-other legislation which may be considered by Congress and adT/ooate for policy positions that would benefit Tukwila and its citizens. On matters offederalfunding w1d appropriations, Ball Janik will provide guidance and assistance to the City regarding opportunities to secure federal funding for appropriation projects that the City determines to be its highest priorities for federal funding in FY'2008FY'2009. In particular, Ball Janik will provide city staff and elected leaders with advice and perspective on the chances for successfully pursuing initial or additional federal funding for projects such as: the-Southcenter Parkway extension project; the-KlickitatlUrban Center access transportation project; the-Community Connections Project including funds to assist with the construction of a new pedestrian bridge linking the Urban Center to the commuter rail station; the-Strander Blvd connection project (in conjunction with the City of Renton); resource-related projects such as the Green-Duwamish restoration project; library needs; circulator bus plans and partnership with Metro Seattle bus; commuter rail...... and other state-State and related commercial and housing development work at Southcenter; human resources; emergency reponder; and other land aequisition,;.Jransportation enhancement,~railroad crossing,; aOO-community or commercial development related projects; and other proiects identified by the City. Projects and priorities can be re-evaluated in the course of the year as Congressional and City priorities and agendas change and new opportunities to enhance federal financial support for City projects are presented. Ball Janik LLP will consult in early January, ~2008 with City officials to define confirm an agenda for action and place priorities on projects; coordinate meetings for City officials with Congressional and Administration officials; report to the City regularly on strategy, next steps, and implementation of objectives; provide regular communication, progress reports and recommendations for action to the City; and where appropriate continue to advise the City with regard to working with other regional and State officials on identified priorities. The scope of work Contract for Services - 2007 Ball Janik, L.L.P. Page 6 may also include federal representation on matters related to LINK light rail, Sounder, and other matters under Sound Transit's jurisdiction. Contract for Services - 2007 Ball Janik, L.L.P. Page 7 2. Specific Services: Ball Janik LLP will be responsible, as a minimum for the following: . fuform the City of key timelines for proposed actions . Identify federal rule, policies, and laws that support the City's goals, . Identify key officials and contacts that the City needs to make and the best time to make such contacts . Brief all appropriate congressional and federal officials about Tukwila's priorities . Advise City of key dates in the congressional and administrative calendar that impact its goals . Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all key members of the Washington congressional delegation . Prepare background papers, position papers, project request subcommittee forms, and briefing materials . When appropriate, develop legislation, amendments, report language, and budget recommendations, and move them through the legislative process, attending and working with the congressional delegation and their Congressional officials at hearings, mark-ups and House/Senate conferences on legislation . Assist Members of the congressional delegation with preparation of testimony, questions for agency officials at hearings, speeches and floor colloquies, drafting amendments and or committee report language and legislation . Work with the City and councilmember Haggcrton, in particular, in his role on the Information and Technology Communications Policy Committee ofNLC to protect the City's interests in changing telecommunication policy . Attend and report on congressional hearings of import . Advise City of new regulations, programs, or proposed legislation of import . Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for major reauthorization of legislation, and the annual appropriations bills :'IdentifY and work with the City on other opportunities for federal financial assistance such as the innovati'/e TIFL^~ program, Homeland Security grants, the li'/ability grant program, TCSP, reverse commute and '.velfare to '.York programs, small systems transit funding, and other areas iden-tified by the City . Advise the City about positioning itself to make a strong SAFETEA-LU reauthorization funding request and work with City officials throughout the year to promote strong regional and state support for this anticipated funding request . Obtain appointments for City officials in Washington, D.C., develop schedules, accompany City officials to meetings, and provide briefing materials for City officials for their meetings with Congressional officials . Be the City's "eyes and ears" in Washington. Contract for Services - 2007 Ball Janik, L.L.P. Page 8 Exhibit B Terms of Payment Ball Janik, LLP will invoice the City for the work completed at the rate of $9,568.00, plus reasonable expenses, not to exceed $1,000, at the close of each month. Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format.