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Trans 2008-09-23 COMPLETE AGENDA PACKET
City of Tukwila Transportation Committee 4 Pam Linder, Chair Dennis Robertson 0► De'Sean Quinn I. Current Agenda Review II. Presentation(s) III. Business Agenda A. Tukwila Urban Center Transit Center Supplement #4 Phase I Design B. Andover Park West (Tukwila Pkwy to Strander) Supplement #5 Design Report Update C. Tukwila International Blvd. Phase II III Third Party Utility Coordination Agreements D. Minkler Shope Re -Roof Building B Project Completion and Acceptance IV. Old Business AGENDA TUESDAY, SEPTEMBER 23, 2008 Time: 5:00 PM Place: Conference Room #1 Distribution: P. Linder D. Robertson D. Quinn Mayor Haggerton J. Duffle V. Griffin R. Berry K. Matej D. Speck C. O'Flaherty M. Hart S. Norris J. Morrow B. Giberson F. Iriarte P. Brodin G. Labanara C. Knighton R. Tischmak P. Lau M. Mathia S. Anderson Finance Director J. Pace Jon Hanison N. Olives S. Kerslake M. Miotke C. Parrish B. Arthur File Copy Single side to Dana 3 Extra Copies e-mail to B.Saxton C. O'Flaherty, M. Hart, K. Narog, S. Norris and S. Kirby A. Forward to 10/13/08 COW Pg. 1 B. Forward to 10/13/08 COW Pg. 21 C. Forward to 10/13/08 COW Pg. 33 D. Forward to Regular Consent Pg. 59 Agenda 10/6/08 IV. Future Agendas: Next Scheduled Meeting: Tuesday, October 14, 2008 is. The City of Tukwila sbives to accommodate individuals with disabilities Please contact the Public Works Department at 206-433-0179 for assistance. INFORMATION MEMO To: Mayor Haggerton From: Public Works Directorrt Date: September 17, 2008 UU Subject: Tukwila Urban Center Transit Center Project No. 06 -RW02, Contract 06 -019 Supplement #4 Phase I Design ISSUE Supplement for Phase I design work through approximately 30% with the IBI Group on the Tukwila Urban Center Transit Center contract. BACKGROUND In February 2006, IBI Group was retained by the City to begin design of the Tukwila Urban Center Transit Center on Andover Park W. A Comprehensive Plan update was adopted by Council in late 2007 that included language regarding the Transit Center siting options. Since then, staff began negotiations with the IBI Group for design of Phase I (west side only) of the Transit Center. ANALYSIS The intent of the original contract was to have the Concept Plan done quickly, a siting decision made by Council, and final design of the new Transit Center underway. Supplements #1 -3 were issued to extend the contract time to June 30, 2008 to accommodate for project delays. Negotiations on scope and fee for the next step took longer than anticipated. The attached Supplement #4 will complete at least 30% design of the improved and expanded Transit Center in its existing location on the Westfield Southcenter Mall property. Final design, additional geotechnical investigation, cost estimating, bidding assistance and on -call assistance during construction are all listed as optional tasks to allow for future supplemental agreements. Easements are being dedicated to Tukwila as part of the ongoing Binding Site Improvement Plan as per the Development Agreement. The original contract amount was $199,489.00 and with Supplement #4 at $153,754.00, the new contract amount will be $353,243.00. The project currently has $400,000.00 budgeted on page 46 of the 2008 CIP. RECOMMENDATION Approve the Supplemental Agreement #4 to Consultant Agreement #06 -019 in the amount of $153,754. Attachments: Supplemental Agreement #4 Exhibit A Tukwila Transit Center Scope of Work and Budget Exhibit B Project Budget 30% Design and Final Design Spreadsheets p:\projects\a- rw rs projects \06nv02 transit center\information memo supplemental agreement #4 phase i west side ps &e 9- 17- 08.doc SUPPLEMENTAL AGREEMENT NUMBER 4 TO CONSULTANT AGREEMENT NUMBER 06 -019 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and IBI Groun, 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, and identified as Agreement No. 06 -019. 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, is hereby changed to include work described in Attachment A for additional design work on the Tukwila Transit Center project. 2. Payment, shall be amended as follows: DATED this A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $153.754 without express written 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 $353,243. 3. Time for Performance, shall be amended as follows: The Consultant shall perform all services and provide all work product required pursuant to this Agreement by April 30, 2009, unless an extension of such time is granted in writing by the City. day of 20 CITY OF TUKWILA CONSULTANT Jim Haggerton, Mayor By: Printed Name: Title: City of Tukwila TUKWILA TRANSIT CENTER SCOPE OF WORK AND BUDGET SEPTEMBER 17, 2008 EXHIBIT A IBI GROUP SCOPE OF WORK TABLE OF CONTENTS September 17, 2008 PHASE 2: SCHEMATIC DESIGN 1 Task 1: Project Management 1 Task 2: Environmental Report and Supporting Site Engineering 3 Task 3: Stakeholder Coordination 5 Task 4: Schematic Design (30 6 Task 5: Cost Estimate (30 8 PHASE 3: FINAL DESIGN (OPTIONAL) 8 Task 6: Project Management 8 Task 7: Environmental and Geotechnical Engineering of Firestone Property 10 Task 8: Stakeholder Coordination 10 Task 9: Final Design (80% and 100 12 Task 10: Cost Estimates (80%, 100%) 13 Task 11: Assistance with Bidding 14 Task 12: Assistance during Construction 14 IBI GROUP SCOPE OF WORK September 17, 2008 PHASE 2: SCHEMATIC DESIGN City of Tukwila TUKWILA TRANSIT CENTER The Transit Network Plan for the Tukwila Urban Center (TUC) Subarea' includes as one of its key recommendations the construction of a new transit center in the immediate vicinity of the existing focal point of bus service on Andover Park West and Baker Avenue. A new transit center in this location is expected to act not only as a replacement for the existing bus stop(s), but also as an important step in the redevelopment of the area, building from current initiatives to redevelop the Southcenter Mall and reconstruct the new Sound Transit commuter rail station and future plans to redevelop the Tukwila Urban Center. The objective of this Phase of the project is to develop Schematic design documents (30 for the Tukwila Transit Center that provides design documentation, preliminary cost information and environmental and geotechnical information to the City that allows for future design phases of the project. A work breakdown structure of five primary tasks has been developed for this Phase of the work, covering in general: Conduct and management of the work, recognizing an overall schematic design timeline of three months once the survey work is completed. Review and assembly of relevant information, including geotechnical, survey and other information appropriate to completing the design phases of the project. Schematic cost estimates for the Transit Center. The following scope describes the work to be conducted, and assumptions and deliverables to be provided. The term "Consultant" refers to IBI Group and its team of subconsultants including KPFF, Shannon Wilson, Nakano Landscape Architects, Tres West Engineers, PACE, and ESA Adolphson. "City" refers to the City of Tukwila, the client organization responsible for the project. Task 1: Project Management This task includes the day -to -day activities to be performed by the Consultant to manage and administer the work, and deliver quality work products that meet the needs of the City. ASSUMPTIONS Primary project management coordination will be through the Consultant Project Manager and City Project Manager. All Consultant requests for meetings with City staff shall come from the Consultant Project Manager. Such requests will be issued to the City Project Manager. All sub consultant requests for meetings will be coordinated through the Consultant Project Manager or Consultant Design Coordinator (the latter if a design related issue). Steps will be taken to schedule meetings as far ahead as reasonable to secure participation of invitees, however due to the tight schedule for the project, City 'Final Transit Network Plan, Tukwila Urban Center Subarea, Perteet, Inc., December 2004. IBI GROUP SCOPE OF WORK September 17, 2008 assistance may be requested from time -to -time to expedite design or information collection related meetings. The City will be responsible for providing meeting space and issuing invites to City staff, and other stakeholders. The Consultant will assist as needed. The City will be responsible for providing base information such as existing plans, previous studies, land surveys, GIS data, etc. The Consultant will coordinate with the City to make sure that information requests are reasonable and do not overly burden City staff. The Consultant will be responsible for all work products delivered, and commits to providing staff and resources to complete the work in a timely manner. WORK ACTIVITIES 1.1 Contract Administration This activity covers basic administration of the work including: City of Tukwila TUKWILA TRANSIT CENTER 1.1.1 Development of an overall Project Plan that summarizes the scope, deliverables, schedule and lines of communication. 1.1.2 Preparation of a Project Schedule in MS Project, ongoing tracking of that schedule, and reporting of any variances on a monthly basis. Note that due to the short timeframe of this Phase, any issues identified during the course of the work that have the potential to affect schedule will be promptly identified for the City Project Manager (this is in addition to regular monthly reporting). 1.1.3 Cost and staff time control. 1.1.4 Monthly invoicing and project progress reporting (report to be included with invoice). 1.1.5 Subconsultant administration. 1.2 Meetings and Coordination This includes general coordination and project management meetings; stakeholder meetings are covered in Task 3. Meeting and coordination are expected to include: 1.2.1 A kickoff meeting with the City and others as appropriate. 1.2.2 Monthly meetings with City staff (3). 1.2.3 Internal design team coordination meetings (6). 1.2.4 Bi- weekly client coordination calls and ad -hoc coordination (6). IBI GROUP SCOPE OF WORK September 17, 2008 1.3 Quality Control DELIVERABLES 1.3.1 All work products will be subject to internal quality review before issuance per IBI Group quality control procedures. Project plan Project schedule Invoices and monthly progress reports Meeting agendas Meeting notes Task 2: Environmental Report and Supporting Site Engineering This task will involve the assembly of existing information as it relates to the site development of Southcenter Mall and the TUC. it also includes gathering of relevant standards and design information from the City, as well as Geotechnical investigations, site survey and a summary of permit requirements and SEPA check list. ASSUMPTIONS City of Tukwila TUKWILA TRANSIT CENTER The City will provide existing studies, reports, and maps as applicable in a timely manner. City staff has indicated that the only permit required will be the building permit for the station canopies. City Staff will assist in completing the environmental checklist documentation for this project. The City will provide (if available) existing GIS information, surveys from adjacent projects (including Westfield South Center Mall) city street and base maps include right -of -way, existing infrastructure, and other information for the Andover Park West Strander Boulevard Baker Avenue Southcenter Boulevard area (i.e., the area within about a half mile to a mile radius of the current transit station). Information required from the City includes right -of -way, curb lines, catchbasins, manholes, sidewalks, property lines, contours and utility information to inform the Consultant Survey Team to prepare an adequate base plan for the area. The City will provide any information on City owned detention facilities and utilities in the area of the project. The City will make all necessary arrangements for obtaining right -of- access agreements for the survey, geotechnical, and site assessment activities to be conducted on private properties. The City will provide traffic control, as required, to complete geotechnical and /or environmental site explorations. Survey work will be completed on the same datum as projects for the Westfield South Center Mall and /or other adjacent projects. IBI GROUP SCOPE OF WORK September 17, 2008 This phase does not include any geotechnical or environmental investigations on the Firestone site. Geotechnical work includes investigative work associated with the Transit Center bus shelter foundation. WORK ACTIVITIES This task will include collection, assembly, and review of the following information. Unless otherwise noted, it is expected that this information will be available through the City. Information to be collected is as follows: 2.1 Environmental: SEPA Checklist 2.1.1 Identify Process and Issues: the Consultant will assist in obtaining the building permit for the station canopies and review the project as required to complete an environmental (SEPA) check list. 2.2 Geotechnical Report 2.2.1 The Consultant will review the scope of project and any existing geotechnical reports to identify additional geotechnical information and collect that information through field Geotechnical investigations. 2.3 Survey Data 2.3.1 Consultant will conduct a field survey for the Transit Center along the west side of Andover Park West Street ROW focused on the area between the Mall East entrance and the Mall entrance south of the Firestone property in anticipation of acquisitions or easements in this area and to verify the City's basemaps and to add any additional information to the base maps. 2.3.2 The Consultant will follow up with local and franchise utilities to obtain updated electrical, water, drainage, and communications utility information. 2.3.3 The Consultant will provide a field survey of the canopy and locate the east end of the Firestone Building (located on private property). 2.3.4 The Consultant will provide documentation for up to 2 easements. 2.3.5 The Consultant will provide a draft survey including right -of -way lines, curb lines, catch basins, manholes, sidewalks, property lines, contours, above (if any) and underground utility information and vertical and horizontal control for review by the other project team members. 2.3.6 The Consultant will provide a final survey in Autocad 2007. The survey map will be in accordance with City Standards for plans. DELIVERABLES Geotechnical analysis and report Site survey Permitting report SEPA Checklist City of Tukwila TUKWILA TRANSIT CENTER 181 GROUP SCOPE OF WORK September 17, 2008 Task 3: Stakeholder Coordination This task will consist of assisting the City with communication with key stakeholders through a series of presentations. Key stakeholders include City project team, council committees, review boards and commissions. In each case, the Consultant will prepare all presentation materials for stakeholder workshops, and generate notes /documentation of the outcomes. ASSUMPTIONS The City will be responsible for publicizing stakeholder meetings and for arranging meeting logistics. The Consultant will be responsible for producing all stakeholder meeting presentation materials, and for producing meeting notes for each stakeholder meeting. Presentation meetings include: City Council Transportation Committee City Council Committee of the Whole Community Development Commission Boards of Architectural Review Arts Commission Documenting meeting materials WORK ACTIVITIES 3.1 Preparation for Stakeholder Workshops 3.1.1 Stakeholder meeting agendas will be developed through collaborative planning sessions involving the City Project Manager, Consultant Project Manager, and other key staff. 3.1.2 The Consultant will prepare one set of graphics and a rendering for the stakeholder meetings. The graphics prepared will reflect the reviewed and approved Concept Design. 3.2 Documentation of Stakeholder Workshops City of Tukwila TUKWILA TRANSIT CENTER 3.2.1 The Consultant will provide the City with copies of meeting materials and meeting notes for all stakeholder events (paper and electronic). 3.3 Public Art Program Identification and Coordination 3.3.1 The Consultant will work with the City to incorporate public art into the project. 3.4 King County Metro Coordination 3.4.1 The Consultant will prepare meeting agendas for sessions with the City and King County Metro to discuss the transit center design. DELIVERABLES Stakeholder meeting graphic materials and rendering. 181 GROUP SCOPE OF WORK September 17, 2008 Stakeholder meeting notes /documentation. Incorporate public art into the design Task 4: Schematic Design (30 4.2 Civil 4.2.4 The Consultant will show the preliminary demolition drawings for the Firestone canopy foundations. 4.3 Landscape Design City of Tukwila TUKWILA TRANSIT CENTER This task will include the development of schematic (30 design for landscape architecture, civil, architectural, urban design, structural, and electric systems. ASSUMPTIONS A Value Engineering Study is not anticipated as part of the work. The only permit required will be a building permit for the shelter. Spread footings (not piles) will be required to support the canopies. No environmental remediation activity will be required or documented. Architectural plans will incorporate artwork selected by the City (activity covered in Task 3) WORK ACTIVITIES 4.1 Concept Revisions 4.1.1 Review Concept Design plans for the Transit Center to confirm the shelter, station amenities, platform layout and plaza design. 4.2.1 The Consultant will assume the 1998 identify water quality, detention and conveyance criteria will apply to the project; will develop schematic (30 design documents covering drainage, conveyance and detention facilities. The consultant will prepare a technical memo summarizing how drainage will be handled. 4.2.2 The schematic design will include a list of all utilities to be relocated; new utility services that may be required for project. The consultant will prepare a bulleted technical memo summarizing criteria for utility relocation. 4.2.3 The schematic grading of the site. Pavement layout will include extent of any new pavement for bus pullouts and /or plaza areas, and will include pavement cross sections. 4.3.1 Within the context of the urban design principles, the Consultant will review the concept design and landscape principles for the pedestrian plaza and transit center. 4.3.2 Schematic landscape design documentation will be developed for both the pedestrian plaza and transit center locations IBI GROUP SCOPE OF WORK September 17, 2008 4.4 Urban Design 4.4.1 The Consultant will review the urban design principles and develop schematic urban design project site plans and details for the plaza and cross walk. 4.5 Architecture Design City of Tukwila TUKWILA TRANSIT CENTER 4.5.1 The Consultant will review the architectural design principles and concept design for the transit center. 4.5.2 Schematic architectural design documentation for the transit center shelter will be developed. 4.5.3 The Consultant will show the preliminary demolition of the Firestone Building canopy. 4.6 Structural 4.6.1 The Consultant will develop schematic designs for foundation, planters and canopy structure. 4.7 Electrical 4.8 ITS /Communications Design 4.8.1 The Consultant will provide preliminary layouts for a video surveillance and callbox system for the transit center 4.8.2 The Consultant will develop schematic design for communication system requirements and support the inclusion of ITS elements in the shelters. 4.8.3 Provide conduit runs for future Variable Message Sign (VMS) display for the transit center DELIVERABLES 4.7.1 The Consultant will develop schematic designs for site electrical power service and distribution, and receptacle locations. The Consultant will coordinate any required discussions between the City, service utility, and design team members to determine power availability and access. 4.7.2 The Consultant will develop a schematic design lighting plans and coordinate lighting system standards with the City. Urban design, landscape, and architectural design documentation for 30% submittal. Civil, electrical, ITS /communications systems, and lighting design documentation for 30% submittal. Civil will prepare technical memos on storm water and utility relocation. Structural design documentation including sizes for 30% submittal. Preliminary documentation of the Firestone Building canopy demolition. IBI GROUP SCOPE OF WORK September 17, 2008 Task 5: Cost Estimate (30 Cost estimates will be developed for the 30 submittal with a level of accuracy commensurate with the level of design. The cost estimates will include the cost of construction for the design and include any potential risks that have been identified as a result of the conceptual engineering and design tasks. The cost estimate will be subdivided into costs for each of the disciplines listed below. ASSUMPTIONS Information will be prepared in CSI format for Lump Sum bidding. WORK ACTIVITIES 5.1 30% Cost Estimating: DELIVERABLES 5.1.1 The Consultant will develop a cost estimate based on the civil, landscape, urban, architectural, structural, ITS /Communications and electrical design. Utility information will be included. Lump sum construction cost estimate for 30% documentation. PHASE 3: FINAL DESIGN (OPTIONAL) City of Tukwila TUKWILA TRANSIT CENTER The objective of this Phase of the project is to develop Final design documents (80% and 100 for the Tukwila Transit Center that provides design documentation, cost information and environmental and geotechnical information to the City that allows for future bidding of the project. A work breakdown structure of seven primary tasks has been developed for this Phase of the work, covering in general: Conduct and management of the work, recognizing an overall design timeline of four months. Review and assembly of relevant information, including geotechnical and environmental appropriate to completing the design phase of the project including the Firestone Property. Final Design cost estimates for the Transit Center. Developing a scope of work for assistance during construction. The following scope describes the work to be conducted, and assumptions and deliverables to be provided. Task 6: Project Management This task includes the day -to -day activities to be performed by the Consultant to manage and administer the work, and deliver quality work products that meet the needs of the City. 181 GROUP SCOPE OF WORK September 17, 2008 ASSUMPTIONS Primary project management coordination will be through the Consultant Project Manager and City Project Manager. All Consultant requests for meetings with City staff shall come from the Consultant Project Manager. Such requests will be issued to the City Project Manager. All sub consultant requests for meetings will be coordinated through the Consultant Project Manager or Consultant Design Coordinator (the latter if a design related issue). Steps will be taken to schedule meetings as far ahead as reasonable to secure participation of invitees, however due to the tight schedule for the project, City assistance may be requested from time -to -time to expedite design or information collection related meetings. The City will be responsible for providing meeting space and issuing invites to City staff, and other stakeholders. The Consultant will assist as needed. The Consultant will be responsible for all work products delivered, and commits to providing staff and resources to complete the work in a timely manner. WORK ACTIVITIES 6.1 Contract Administration City of Tukwila TUKWILA TRANSIT CENTER This activity covers basic administration of the work including: 6.1.1 Development of an overall Project Plan that summarizes the scope, deliverables, schedule and lines of communication. 6.1.2 Preparation of a Project Schedule in MS Project, ongoing tracking of that schedule, and reporting of any variances on a monthly basis. Note that due to the short timeframe of this Phase, any issues identified during the course of the work that have the potential to affect schedule will be promptly identified for the City Project Manager (this is in addition to regular monthly reporting). 6.1.3 Cost and staff time control. 6.1.4 Monthly invoicing and project progress reporting (report to be included with invoice). 6.1.5 Subconsultant administration. 6.2 Meetings and Coordination This includes general coordination and project management meetings; stakeholder meetings are covered in Task 3. Meeting and coordination are expected to include: 6.2.1 A Design kickoff meeting with the City and others as appropriate. 6.2.2 Monthly meetings with City staff (4). 6.2.3 Internal design team coordination meetings (8). 6.2.4 Bi- weekly client coordination calls and ad -hoc coordination (8). IBI GROUP SCOPE OF WORK September 17, 2008 6.3 Quality Control 6.3.2 All work products will be subject to intemal quality review before issuance per IBI Group quality control procedures. DELIVERABLES Project plan Project schedule Invoices and monthly progress reports Meeting agendas Meeting notes Task 7: Environmental and Geotechnical Engineering of Firestone Property 7.1 Environmental Assessment and Report Firestone 7.1.1 The Consultant will complete a Phase I Environmental Site Assessment, (ESA) Hazardous Building Materials Survey, and Phase II ESA (soil sampling) of the portion of the Firestone property to be developed into the transit center. 7.2 Geotechnical Report 7.2.1 The Consultant will review the scope of project and any existing geotechnical reports to identify additional geotechnical information and collect that information through field Geotechnical investigations. DELIVERABLES Geotechnical analysis and report (Firestone property) Phase I ESA Hazardous Building Materials Survey Phase 1I ESA Task 8: Stakeholder Coordination City of Tukwila TUKWILA TRANSIT CENTER This task will continue the Stakeholder coordination efforts from schematic design phase through final design by assisting the City with communication with key stakeholders through a series of presentations. Key stakeholders include City project team, council committees, review boards and commissions. In each case, the Consultant will prepare all presentation materials for stakeholder workshops, and generate notes /documentation of the outcomes. IBI GROUP SCOPE OF WORK September 17, 2008 City of Tukwila TUKWILA TRANSIT CENTER ASSUMPTIONS The City will be responsible for publicizing stakeholder meetings and for arranging meeting logistics. The Consultant will be responsible for producing all stakeholder meeting presentation materials, and for producing meeting notes for each stakeholder meeting. Presentation meetings include: City Council Transportation Committee City Council Committee of the Whole Community Development Commission Boards of Architectural Review Arts Commission Documenting meeting materials WORK ACTIVITIES 8.1 Preparation for Stakeholder Workshops 8.1.1 Stakeholder meeting agendas will be developed through collaborative planning sessions involving the City Project Manager, Consultant Project Manager, and other key staff. 8.1.2 The Consultant will prepare one set of graphics and a rendering for the stakeholder meetings. The graphics prepared will reflect the reviewed and approved Concept Design. 8.2 Documentation of Stakeholder Workshops 8.2.1 The Consultant will provide the City with copies of meeting materials and meeting notes for all stakeholder events (paper and electronic). 8.3 Public Art Program Identification and Coordination 8.3.1 The Consultant will work with the City to incorporate public art into the project. 8.4 King County Metro Coordination 8.4.1 The Consultant will prepare meeting agendas for sessions with the City and King County Metro to discuss the transit center design. DELIVERABLES Stakeholder meeting graphic materials and rendering. Stakeholder meeting notes /documentation. Incorporate public art into the design IBI GROUP SCOPE OF WORK September 17, 2008 Task 9: Final Design (80% and 100 This task will include the design development (80 and final (100 design plans and specifications for landscape architecture, civil, architectural, urban design, structural, ITS /communications and electrical systems. ASSUMPTIONS A Value Engineering Study is not anticipated as part of the work. A building permit will be required for the shelter only. Information will be prepared in CSI format for Lump Sum bidding. No detention will be required. WORK ACTIVITIES 9.1 Civil 9.1.1 The Consultant will develop a final design documents covering drainage facilities. 9.1.2 The final design for utilities will include relocation; new utility services that may be required for project. 9.1.3 The final grading of existing and installation of plans. Pavement layout will include extent of the new pavement for bus pullouts and /or plaza areas, and will include pavement cross sections. 9.1.4 The Consultant will show the final demolition drawings for the Firestone canopy foundations. 9.2 Landscape Design 9.2.1 Final landscape design documentation will be developed for both the pedestrian plaza and transit center locations. 9.3 Urban Design 9.3.1 The Consultant will develop final urban design project site plans and details including Transit Center, Pedestrian Plaza, Crosswalk design and Streetscape Design for Andover Parkway West. 9.4 Architecture Design City of Tukwila TUKWILA TRANSIT CENTER 9.4.1 Final design architectural design documentation of planters, railing, signage, lighting, seating, plaza and shelter will be developed for the transit center. 9.4.2 The Consultant will show the final demolition and restoration of the Firestone Building. 9.5 Structural 9.5.1 The Consultant will develop final designs for foundation, planters, and shelter structure. 181 GROUP SCOPE OF WORK September 17, 2008 9.6 Electrical 9.7 ITS DELIVERABLES 9.6.1 The Consultant will develop final designs for site electrical power service and distribution, and receptacle locations. The Consultant will coordinate any required discussions between the City, service utility, and design team members to determine power availability and access. 9.6.2 The Consultant will develop a final design lighting plans and coordinate lighting system standards with the City. 9.7.1 The Consultant will develop final designs for a video surveillance system for the transit center. 9.7.2 The Consultant will develop final design for communication system requirements and support the inclusion of ITS elements in the shelters. 9.7.3 The Consultant will develop final designs for a conduit layout for a future VMS display. Design Development (80 documentation submittal for all disciplines. Final Design (100 ready- for -bid design documentation submittal for all disciplines. Task 10: Cost Estimates (80 100 Cost estimates will be developed for the 80% and 100% submittals with a level of accuracy commensurate with the level of design. The cost estimates will include the cost of construction for the design and include any potential risks that have been identified as a result of the conceptual engineering and design tasks. The cost estimate will be subdivided into costs for each of the disciplines listed below. ASSUMPTIONS Information will be prepared in CSI format for Lump Sum bidding. WORK ACTIVITIES 10.1 80% Cost Estimating City of Tukwila TUKWILA TRANSIT CENTER 10.1.1 The Consultant will develop an 80% cost estimate based on the civil, landscape, urban, architectural, structural, ITS /Communications, mechanical and electrical design. 10.2 100% Cost Estimating 10.2.1 The Consultant will develop a 100% cost estimate based on the civil, landscape, urban, architectural, structural, ITS /Communications, mechanical and electrical design. 181 GROUP SCOPE OF WORK September 17, 2008 DELIVERABLES Lump sum construction cost estimates for 80% and 100% documentation. Task 11: Assistance with Bidding ASSUMPTIONS The City will be responsible for all aspects of the procurement not spelled out specifically below. No Conformed set of documents including addenda will be prepared. DELIVERABLES City of Tukwila TUKWILA TRANSIT CENTER 11.1 The Consultant will make a "camera ready" or digital record of the Final bid documents available to the City for their use in the copying and dispersal of documents to prospective bidders. 11.2 The Consultant will respond to bidder questions forwarded by the City with Addenda information in the form of text and drawings necessary and appropriate to obtain bids. Task 12: Assistance during Construction ASSUMPTIONS The City will retain personnel as required to manage the day to day administration of the construction. No budget is included for this work. Final Budget and Scope will be determined at a later date. DELIVERABLES 12.1 The Consultant shall provide the following: 12.1.1 Review and comment on submittals. 12.1.2 Review and comment on requests for information. 12.1.3 Review and respond to owner questions. 12.1.4 Issue clarifications, including supplemental drawings. 12.1.5 Maintain a log of all submittals, requests for information, owner questions, supplemental drawings and issued clarifications. 12.1.6 The consultants will make site visits to review progress. EXHIBIT B OPTIONALTASKS To: Mayor Haggerton From: Public Works Directo Date: September 17, 2008 Subject: Andover Park West (Tukwila Pkwv to Strander Blvd) Project No. 88 -RW04, Contract 06 -019 Supplement #5 APW Design Report Update ISSUE Supplement for updating the Andover Park West Design Report with the IBI Group in association with the Tukwila Urban Center Transit Center Design contract. BACKGROUND In February 2006, IBI Group was retained by the City to begin design of the Tukwila Transit Center on Andover Park W. Supplement #4 is for the design and PS &E for Phase I of the Transit Center (west side). Because of the immediate proximity of the Transit Center design to the Andover Park West widening project (88 -RW04) and the overlapping design needs, a decision was made to try to combine the efforts of a single engineering team. ANALYSIS The original design report for the Andover Park West project completed in 1991 and currently needs to be updated due to additional development in the Urban Center. The IBI Group has been working on design of the Tukwila Transit Center since 2006 and is already quite familiar with the area. Most of the data has already been gathered, with more to be compiled as part of the Phase I design, which is applicable to the Andover Park West Design Report. Dedicated Impact Fees from the ACME Bowl site, as well as the Westfield Southcenter Mall expansion, are in hand and available for expenditure and will cover all of the proposed Supplement #5 costs. Additional non development specific impact fees that can be applied toward the remaining design and construction of the roadway widening in the future are still being collected. Supplement #5 is $165,755.00 and is budgeted on page 47 of the 2008 CIP at $200,000.00. The new total IBI Group contract amount will be $518,998.00. RECOMMENDATION INFORMATION MEMO Approve Supplemental Agreement #5 to Consultant Agreement #06 -019 in the amount of $165,755. Attachments: Supplemental Agreement #5 Exhibit A Andover Pk W Improvements Phase I —Design Report Update -Scope of Work and Fee Proposal Exhibit B Project Budget 30% Design and Final Design Spreadsheets P:\PROJECTS\A- RW RS Projects \88rw04 apw\INFO MEMO Supplemental Agreement #5 APW Design Report 9- 17- 08.doc SUPPLEMENTAL AGREEMENT NUMBER 5 TO CONSULTANT AGREEMENT NUMBER 06 -019 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and IBI Group, 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, and identified as Agreement No. 06 -019. 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, is hereby changed to include work described in Attachment A for additional design work on the Tukwila Transit Center project. 2. Payment, shall be amended as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $165,755 without express written 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 $518,998. 3. Time for Performance, shall be amended as follows: DATED this The Consultant shall perform all services and provide all work product required pursuant to this Agreement by December 31, 2008, unless an extension of such time is granted in writing by the City. CITY OF TUKWILA CONSULTANT Jim Haggerton, Mayor day of 20 By: Printed Name. Title: City of Tu ii EXHIBIT A ANDOVER PARK WEST IMPROVEMENTS PHASE 1- DESIGN REPORT UPDATE SCOPE OF WORK AND FEE PROPOSAL SEPTEMBER 17, 2008 IBI GROUP September 17, 2008 m|onoup SCOPE OF WORK AND FEE PROPOSAL T��V�����~/�������� u v�o�x~^_ OF CONTENTS Phase 1: Desgn Report UPDATE 1 Task 1: P ct Management 1 Task 2: Environment& Report and Supporting Site Engineering 3 Task 3: Council Coordination 4 Task 4: Conceptual Design 5 Task 5: Cost Estimate 6 Task6: Design Report 6 IBI GROUP SCOPE OF WORK AND FEE PROPOSAL PHASE 1- DESIGN REPORT UPDATE September 17, 2008 PHASE 1: DESIGN REPORT UPDATE City of Tukwila ANDOVER PARK WEST IMPROVEMENTS The City of Tukwila is proposing to improve Andover Park West between Tukwila Boulevard and Strander Boulevard. The project combines developer street impact mitigation improvements with city route improvements and provides for the widening of an existing 4 lane, 2 way urban arterial street to 5 lanes (2 lanes each way with a center left turn lane). Portions of the new center lane may be improved with a planted boulevard where feasible. A new urban design plan for lighting and landscaping will be developed for the area. The objective of this Phase of the project is to update the Design Report dated November 1991 including an urban design plan for the area. The purpose of the update is to clarify the scope of the final design for the road project, including identifying environmental and permitting issues and property easements and acquisitions required for the improvements. A work breakdown structure of nine primary tasks has been developed for this Phase of the work, covering in general: Conduct and management of the work, recognizing an overall Design Report timeline of four months once the survey work is completed. Review and assembly of relevant information, including geotechnical, survey and other information appropriate to completing the project. Provide a summary of environmental and permitting requirements and findings to be included in the Design Report. Provide a geotechnical report including field exploration, pavement design criteria, and a pavement cross section. Conceptual design and cost estimates for the Andover Park West modifications. Providing a Design Report summarizing the work. Developing a scope of work for the consultant for the subsequent phases. The following scope provides the work to be conducted, and describes assumptions and deliverables to be provided. The term "Consultant" refers to IBI Group and its team of subconsultants including KPFF, Shannon Wilson, Nakano Landscape Architects, Tres West Engineers, PACE, and ESA Adolphson. "City" refers to the City of Tukwila, the client organization responsible for this project. Task 1: Project Management This task includes the day -to -day activities to be performed by the Consultant to manage and administer the work, and deliver quality work products that meet the needs of the City ASSUMPTIONS Primary project management coordination will be through the Consultant Project Manager and City Project Manager. All Consultant requests for meetings with City staff shall come from the Consultant Project Manager. Such requests will be issued to the City Project Manager. IBI GROUP SCOPE OF WORK AND FEE PROPOSAL September 17, 2008 All sub consultant requests for meetings will be coordinated through the Consultant Project Manager or Consultant Design Coordinator (the latter if a design related issue). Steps will be taken to schedule meetings as far ahead as reasonable to secure participation of invitees, however due to the tight schedule for the project, City assistance may be requested from time -to -time to expedite design or information collection related meetings. The City will be responsible for providing meeting space and issuing invites to City staff, and other stakeholders. The Consultant will assist as needed. The City will be responsible for providing base information such as existing plans, previous studies, GIS data, etc. The Consultant will coordinate with the City to make sure that information requests are reasonable and do not overly burden City staff. The Consultant will be responsible for all work products delivered, and commits to providing staff and resources to complete the work in a timely manner. WORK ACTIVITIES 1.1 Contract Administration This activity covers basic administration of the work including: 1.1.1 Development of an overall Project Plan that summarizes the scope, deliverables, schedule and lines of communication. 1.1.2 Preparation of a Project Schedule in MS Project, ongoing tracking of that schedule, and reporting of any variances on a monthly basis. Note that due to the short timeframe of this Phase, any issues identified during the course of the work that have the potential to affect schedule will be promptly identified for the City Project Manager (this is in addition to regular monthly reporting). 1.1.3 Cost and staff time control. 1.1.4 Monthly invoicing and project progress reporting (report to be included with invoice). 1.1.5 Subconsultant administration. 1.2 Meetings and Coordination This includes general coordination and project management meetings; stakeholder meetings are covered in Task 3. Meeting and coordination are expected to include: 1.2.1 A kickoff meeting with the City and others as appropriate. 1.2.2 Monthly meetings with City staff (4). 1.2.3 Internal design team coordination meetings (8). 1.2.4 Bi- weekly client coordination calls and ad -hoc coordination (8). 1.3 Quality Control 1.3.1 All work products will be subject to internal quality review before issuance per IBI Group quality control procedures. IBI GROUP SCOPE OF WORK AND FEE PROPOSAL September 17, 2008 DELIVERABLES Project plan Project schedule Invoices and progress reports Meeting agendas Meeting notes Task 2: Environmental Report and Supporting Site Engineering This task will involve the assembly of existing information as it relates to sites adjacent to the eastern edge of Andover Park West from Tukwila Parkway to Strander Boulevard. It also includes a site survey and gathering of relevant standards and design information from the City. Geotechnical, survey and a summary of permit requirements. ASSUMPTIONS The City will provide existing studies, reports, and maps as applicable in a timely manner. The City will provide base maps that include right -of -way, existing infrastructure, curb lines, street markings, and other information to inform the Consultant Survey Team to prepare an adequate base plan for the area. City staff will assist in the identification of environmental documentation that will ultimately be required for this project. The City will provide existing GIS information and surveys (as available) from adjacent projects, including South Center Mall, city street and base map information for the Andover Park West Strander Boulevard Baker Avenue Southcenter Boulevard area (i.e., the area within about a half mile to a mile radius of the current transit station). Information required from the City includes right -of -way, curb lines, catchbasins, manholes, sidewalks, property lines, contours and utility information. The City will provide any information on City owned detention facilities and utilities in the area of the project. The City will make all necessary arrangements for obtaining right -of -entry for the survey and soils examinations to the private property abutting the eastern edge of the Andover Park West right -of -way. Survey work will be completed on the same datum as projects for the Southcenter Mall and /or other adjacent projects. Technical description of easements will be completed in a later Phase. WORK ACTIVITIES This task will include collection, assembly, and review of the following information. Unless otherwise noted, it is expected that this information will be available through the City. Information to be collected is as follows: 2.1 Environmental 2.1.1 Identify Process and Issues: the Consultant will review the scope of project to determine the extent of permits and environmental documentation requirements. IBI GROUP SCOPE OF WORK AND FEE PROPOSAL September 17, 2008 2.1.2 Provide a written statement for the Design Report. 2.2 Geotechnical 2.2.1 The Consultant will review the scope of project and any existing geotechnical reports to identify additional required geotechnical information and collect that information through field Geotechnical investigations. 2.3 Survey Data 2.3.1 Consultant will conduct a field survey for the Roadway widening along the east side of the Andover Park West ROW, including extending into the private property to 15 feet beyond the face of any buildings within a parcel and including all walks, planting areas and utilities within that limit in anticipation of acquisitions or easements in this area, to verify the City's basemaps and to add additional information to the base maps. 2.3.2 The Consultant will follow up with local and franchise utilities to obtain updated electrical, water, drainage, and communications utility information 2.3.3 The Consultant will provide a technical memo to document the potential easements required to complete the project. 2.3.4 The Consultant will provide a draft survey including right -of -way lines, curb lines, catch basins, manholes, sidewalks, property lines, contours and underground utility information and vertical and horizontal control for review by the other project team members. 2.3.5 The Consultant will provide a final survey in Autocad 2007. Direction will be given regarding whether the layering standard will be to City standard or IBI Group standard. DELIVERABLES SURVEY GEOTECHNICAL ESA Geotechnical analysis Site survey Permitting report Technical Memo for Easement Acquisition Task 3: Council Coordination This task will consist of assisting the City with communication with the City Council upon completion of the final draft design report. ASSUMPTIONS The City will be responsible for publicizing Council meetings and for arranging meeting logistics. The Consultant will be responsible for producing all Council meeting presentation materials. Presentation meetings include: City Council Transportation Committee City Council Committee of the Whole (if required) IBI GROUP SCOPE OF WORK AND FEE PROPOSAL September 17, 2008 WORK ACTIVITIES 3.1 Preparation for Council Presentations 3.1.1 Council meeting materials will be developed through collaborative planning sessions involving the City Project Manager, Consultant Project Manager, and other key staff. 3.1.2 The Consultant will prepare graphics for Council meeting(s).. 3.1.3 Renderings will be prepared only of the preferred alternative. DELIVERABLES Council presentation materials Task 4: Conceptual Design This task will include the development of a conceptual design for landscape architecture, civil, architectural, urban design, structural, and electric systems. ASSUMPTIONS A Value Engineering Study is not anticipated as part of the work. WORK ACTIVITIES 4.1 Civil 4.2 Landscape Design 4.3 Urban Design 4.1.1 The Consultant will identify water quality and detention criteria for the project; will develop conceptual design documents covering drainage and detention facilities. The consultant will prepare a technical memo summarizing how drainage will be handled. 4.1.2 The conceptual design will include a list of all utilities to be relocated; new utility services that may be required for project. The consultant will prepare a bulleted technical memo summarizing criteria for utility relocation. 4.1.3 The conceptual grading of the roadway. Pavement layout will include extent of any new pavement and /or planted medians, including notes on existing and proposed pavement thicknesses. 4.2.1 The Consultant will assist in developing the conceptual urban design streetscape principles for the Andover Park West roadway. 4.2.2 Conceptual landscape design documentation will be developed for Andover Park West medians and planting strips. 4.2.3 The consultant will indicate in a tech memo, where there are areas of existing private property requiring special restoration of landscaping treatment that may result from the project construction. 4.3.1 The Consultant will develop urban design streetscape principles for Andover Parkway West. IBI GROUP SCOPE OF WORK AND FEE PROPOSAL September 17, 2008 ASSUMPTIONS DELIVERABLES 4.3.2 The consultant shall provide illustrations in the form of perspectives and other illustrative graphics depicting the proposed streetscape treatments. 4.3.3 The consultant will develop three conceptual urban design streetscape plan alternatives for review by the city. 4.4 Electrical Design 4.4.1 The Consultant will develop three conceptual street lighting design plans and coordinate lighting system standards with the City. DELIVERABLES Urban design streetscape principles. Landscape conceptual plans and private property restoration memo. Civil and lighting conceptual design documentation. Civil will prepare technical memos on storm water and utility relocation. Three alternative streetscape plans. Task 5: Cost Estimate Cost estimates will be developed for the three conceptual level streetscape and roadway plan altematives. The cost estimates will include the cost of construction for the design and include any potential risks that have been identified as a result of the conceptual engineering and design tasks. The cost estimate will be subdivided into costs for each of the disciplines listed below. Information will be prepared in the WSDOT /APWA format for Standard Specifications. WORK ACTIVITIES 6.1 Conceptual Cost Estimating: 6.1.1 The Consultant will develop cost estimates based on three civil, landscape, urban design and electrical conceptual streetscape and roadway design alternatives. Construction cost estimates for each of the three conceptual level streetscape and roadway plan alternatives. Task 6: Design Report The Consultant will be responsible for developing a Revised Design Report for the Tukwila Andover Park West Roadway project, referred hereinafter as the "Design Report." The Design Report will include areas of the original report and be augmented to include new information. IBI GROUP SCOPE OF WORK AND FEE PROPOSAL September 17, 2008 ASSUMPTIONS The Consultant will utilize a format similar to the original Tukwila Andover Park West Design Report. WORK ACTIVITIES 7.1 Prepare Draft Design Report: 7.1.1 Upon completion of the Concept Design studies and alternative selection process, the Consultant will prepare a Draft Design Report summarizing the results of the work, including project title /location /description /vicinity map, project summary, design plans, scope, schedule, cost estimates and timing by biennium, format requirements, right -of -way requirements, environmental /categorical exclusion information, summary of project documentation, and traffic information (provided by the city). Include geotechnical, environmental and other technical memos identified in Task 2. 7.1.2 Meet with City staff to review the Draft Design Report. 7.1.3 Comments will be recorded and a response or action to be taken prepared. 7.2 Preparation of the Revised Draft Design Report 7.2.1 Update required elements incorporating city comments. 7.2.2 Meet with City staff to review the Revised Draft Design Report. 7.2.3 Comments will be recorded and a response or action to be taken prepared. 7.3 Prepare Final Draft Design Report 7.3.1 Agreed changes will be incorporated into the Final Draft Design Report, and a final draft version issued. 7.3.2 Further changes to the Final Draft Design Report will be made, and a Final Report issued. DELIVERABLES Draft Design Report Revised Draft Design Report Final Draft Design Report Final design report Summaries of City comments and actions taken Tim Meet Roadway 131.1011 .X1.11,10 .1Hei, and ninonnowr Oa, 0 Cm, 1.14mnin• room ...Ion 1.non =14-plte --4 Tkevell0APW11000,00, Onion 041,00 TOW 14047 TOW 1.0ellenn 1.0.31CT TOTAL 1111protql 10 lieNono W... CFA eiloliilmor OnnlooriCorinon Shannon A Wilson PACI! 73.4-11,-I_JefF.11Ti.WITOTP..7r,•! Ti2.• on .0 tie •1■202O_CO:nny,,Ifon oorinc,I0 14 OW :p x, 110 ohm o ,,nn coo n 07no !_aLTiiI I I I 1 I _7_77E- o --1- 7EF: nn 1-...,---V-- 3 3 -2- I--....-. =-1-........ 4 I 1 G 6 6 Tho Sir' 0 In yr 0 6 1, n I 6 17 I 7, 1 1— I 0 1010 0 0 0 77 A 0 n I 7, 1 —I 40 -M- EL:Lo Ekei aL Into 71 01 I 1.--- lieu11 on..., name, nr;■ um., loin... 0.1 caftell__ --V-- IOILI•01e^ 10' oo i in 0 .717 I 7 5 r pr on .Nr /11 4n O ro o0 Ralli f L 1 11 0 0 _ZEES E E :ehr- 1 1 EXHIBIT B 0 0 30,000 o 0 6 I 71 ""o I un 0 I 4 1 0,1101 10.0001 74 3 7 3,0241 1e 00 ,11:1 b 1414444 n 1A 1 1 •0003 20.14011 1 tueol 100.700 011/i3000 0:13 in,4 INFORMATION MEMO To: Mayor Haggerton From: Public Works Director I Date: September 17, 2008 Subject: Tukwila International Blvd (TIM Phase II III Project Project No. 95 -RWO3 Third Party Utility Coordination Agreements ISSUE Third party utility Coordination Agreements with Comcast for the TIB Phase II III Street Improvement Project. BACKGROUND The TIB Phase II III Street Improvement Project requires the coordination with several third party utilities that will require relocation of overhead facilities within the project boundary. Qwest and Seattle City Light will not underground their overhead lines. The existing poles will be relocated. We were able to reach agreements with Comcast and Comcast/LNS to underground their facilities. The two separate agreements with these parties reflect the different organizations within the Comcast umbrella. Comcast provides cable TV services while Comcast/LNS represents the AT &T Local Network Services fiber optic infrastructure, which was bought by Comcast several years ago. ANALYSIS The City will incorporate the Comcast and Comcast/LNS underground infrastructure into the construction contract and have the remaining relocation work performed by Utility personnel after the support infrastructure is in place (i.e.; pulling in new communication cables and removing existing overhead lines). The Coordination Agreements spell out the time limit for utility relocation and the cost distribution based on a firm price and scope of work determined by the City. Any work outside that scope is considered extra and will be reimbursed by Comcast with additional payment. As we already have a standard relocation clause referenced from the Franchise Agreement with Seattle City Light (SCL), a separate coordination agreement for their work will not be necessary. SCL's current plan is to remove most of the poles in the project boundary to allow construction to proceed unhindered. Existing customers will be fed by alternate routes where necessary. Once our project is complete, SCL may choose to reestablish existing power lines outside of our roadway improvement area if they feel the economic justification is adequate. P:IPROJECTSIA RW RS Projects\95RW03 TIB2\Info Memo TIB Ph2&3 09 -18 -08 -Coord Ags Comcast.doc Since Qwest does not maintain a utility franchise with the City and they are unwilling to enter into a project specific Coordination Agreement, we are constrained in our coordination efforts by a state utility grant. We will notify Qwest of the requirement to relocate their facilities as allowed by law and expect Qwest to comply. If they do not relocate in time to avoid conflict with our construction, we will track the impact to our project and invoice Qwest any additional costs. RECOMMENDATION Authorize the Mayor to sign Coordination Agreements with Comcast. These costs are directly reimbursable by Comcast and are not included in the project budget. Comcast Firm Price is $27,858 Comcast/LNS Firm Price is $16,801 Attachments: Third Party Utility Coordination Agreements P:IPROJECTSIA- RW RS Projects195RW03 TIB21Info Memo TIB Ph2&3 09 -18 -08 -Coord Ags Comeast.doc COORDINATION AGREEMENT WITH COMCAST CORPORATION REGARDING CABLE TV FACILITY ADJUSTMENTS IN CONJUNCTION WITH TIB Phase 2 &3 STREET IMPROVEMENT PROJECT (95- RW-03) THIS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington municipal corporation "City and COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, a Delaware Iimited liability company ("Comcast ")(individually a "Party" and collectively the "Parties"). WHEREAS, the City is making right -of -way improvements "City Work to Tukwila International Blvd between 5139th and S116th Way; and WHEREAS, Comcast has certain fiber optic and cable television infrastructure that will be affected by the planned improvements "TV Work and will need to be relocated or adjusted in conjunction with the City Work; and WHEREAS, the Parties recognize the efficiencies of combining the City Work and portions of the TV Work into one construction project (the "Project" or "Project Work whereby the right -of -way pavement will be disturbed only once. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: 1. SCOPE OF WORK The City will advertise for bids and enter into a contract with a contractor "Contractor") for the construction of the TV Work as described and depicted on the Bid Documents dated June 2008 for the TIB Phase 2 &3 Project. 2. RESPONSIBILITIES OF THE PARTIES A. COMCAST RECITALS AGREEMENT 1) Comcast shall provide to the City any engineered drawings, specifications, construction standards, quantities, and cost estimates required for the TV Work. The drawings shall show in detail the location, quantity, and size of the conduits, cable vaults, service connections and risers or special termination structures. 2) Comcast shall review the portion of the Project's final drawings and specifications for the TV Work and shall approve or reject those drawings and specifications in writing within seven (7) days of receipt. Failure to respond within the prescribed review period will signify Comcast's approval of the final contract documents. S:\TlB Phase 2&3 95- RW03{0.005 Design Review\Utitity Coordmation13rd Party Coordination Agreements \TIB Ph2 &3 Comcast Coordination Agreement 06- 25- 08.doc (Printed 6/76!08) -Page 1 of 9 sfc) a C /216,fV4t-S 3) Comcast shall provide the inspection services needed for overseeing the proper installation of the TV Work. Comcast's inspector will coordinate with the City's inspector, and the City's inspector will give all direction to the contractor. 4) Comcast shall furnish all materials, exclusive of common bedding and backfill, required to complete the TV Work consistent with the requirements of Exhibit A JUT Scope of Work Finn Price. 5) Comcast shall notify its customers of the Project, perform any system shut downs necessary for the TV Work, and notify its customers of any scheduled service interruptions related to the Project. 6) Comcast shall remove, adjust or relocate, any existing fiber optic cables, TV cables or facilities, which are owned, operated, or Ieased by Comcast and are in conflict with the proposed City Work, within the timeline described in Exhibit B Timeline and Schedule. 7) Comcast shall maintain continued coordination with the City regarding the performance of the TV Work. This coordination shall include but not be limited to the following: a. Comcast will attend the Project bid opening and pre construction meeting. b. City will provide Comcast a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change as provided in the contract documents. Comcast will proactively review the proposed schedule and provide timely feedback of any concerns or potential impacts that the Contractor's work schedule or methods will have on Comcast's customers. Any changes required to the Contractor's schedule or methods to limit the adverse impacts to Comcast's customers will be negotiated in good faith through the City's contracting process. c. Comcast will attend weekly construction meetings. d. Comcast will evaluate completion of the TV Work using the requirements of this Agreement and notify the City of any Defective or Unauthorized work at least once a month through the contract payment process. Failure to give written notice to the City of any Incomplete, Defective, or Unauthorized work within forty-eight (48) hours of Comcast receiving the Contractors Request for Payment from the City will signify Comcast acceptance of the work submitted for payment by the contractor for that period. B. CITY 1) The City will incorporate Comcast's design for the TV Work into the Project construction contract documents. The City will advertise for bids, evaluate bids, and award a construction contract for the Project "Project Contract") to the lowest responsible bidder (the "Contractor The City shall administer the Project Contract and monitor the Contractor's activities. 2) The City will require the Contractor to install the TV Work in accordance with the Project's final plans and specifications. S:ITIB Phase 2&3 95- RWO3W.005 Design Review\Utility Coordinationl3rd Party Coordination AgreementslTIB Ph2&3 Comcast Coordination Agreement- 06- 25 -08.doc (Printed 626/08) Page 2 of 9 3) The City will require the Contractor to provide Comcast sixty (60) days written notice for removal of existing fiber optic and television facilities within the Project boundary, which are known to be in conflict with proposed work. 4) The City will provide Comcast with not less than five (5) working days written notice prior to the start of the TV work to allow Comcast's scheduling of the on -site Inspector. 5) The City will schedule and attend weekly construction meetings with the City's Contractor, Comcast, and other franchise utilities involved in the Project. 6) The City will provide Comcast the Contractor's Request for Payment for the TV Work within three (3) days of receiving a request from the Contractor. 3. COST ALLOCATION The City and Comcast will divide responsibility for costs related to the TV Work as described below. A. Underground TV Installation. Comcast agrees to pay the cost that the City incurs for constructing the TV Work as listed in the JUT Scope of Work Firm Price in Exhibit A. B. Adjustments and Relocations. Comcast agrees to pay the actual costs the City incurs for adjustutents and relocations of Comcast's fiber optic and cable television service lines throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City improvements. C. Additional Expenses. Comcast agrees to pay any additional expenses incurred in installing the TV Work due to Changes initiated or approved by Comcast. Any changes to the TV Work perceived as necessary by the Contractor and any Change Orders therefore must be approved in writing by Comcast in advance of such changes to the Work. D. Consultant Costs and Construction Management Services. Comcast agrees to pay the actual cost that the City incurs, including consultant costs, inspection coordination, and impacts to the overall project, for incorporating Additional Work into the project scope on Comcast's behalf and approved by Comcast. "Additional Work" shall be defined as work not included in the JUT Scope of Work and Firm Price in Exhibit A. E. Invoice. The City will invoice Comcast for 50% of the amount listed in Exhibit A, JUT Firm Price, upon finalizing this agreement, approval of the final plans and specifications for the TV Work and obtaining a satisfactory bid for the Project Work. The remaining 50% of the Firm Price amount will be invoiced upon 50% completion of the JUT facilities. Comcast agrees to pay the City within forty -five (45) days of receiving each of these invoices. Failure to pay on time may result in a Stop Work Order being issued for the TV Work and possible claims of delay by the contractor. F. Final Acceptance. The City shall provide Comcast with written notice of completion of the TV Work. The Comcast inspector shall perform final inspection of the TV Work within five (5) days of written notice. Comcast shall, within forty-eight (48) hours of its final inspection, ,provide to the City written final acceptance of the TV Work, or, alternatively, provide an itemized and detailed response why final acceptance of the TV S:\TIB Phase 2&3 95- RWO3W.005 Design Review'tUtility Coordination13rd Party Coordination Agreements \TIB Ph2&3 Comcast Coordination Agreement 06-25- 08.doc (Printed 6/26/08) Page 3 of 9 Work cannot be given. If Comcast fails to respond to the City within the prescribed timeline, Comcast shall be deemed to have given final acceptance of the TV Work. Upon final acceptance of the TV Work, the City shall assign its rights under the Project Contract relating to the TV Work to Comcast, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the TV Work. The City shall also require the City's Contractor, as a condition of the Project Contract, to provide a bond at Comcast's cost to insure that the TV Work is free from defects in workmanship and materials for a period of one (1) year following final acceptance of the Project Work by the City. G. Defective or Unauthorized Work Comcast reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work performed by the Contractor; provided, Comcast shall be deemed to have waived this right as to any part of the TV Work that has been accepted by Comcast. This waiver shall not waive any claim by Comcast against the Contractor for any defective, incomplete or unauthorized work or to any damage inflicted by the Contractor or one of his subcontractors to completed TV Work following Comcast acceptance. Defective, incomplete or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without Comcast's written approval. H. As -Built Drawings. The City shall provide Comcast with "as built" drawings for the TV Work following the City's fmal acceptance of the Project Work. 4. WITHDRAWAL. FROM AGREEMENT Should any utility involved in the Joint Utility Trench "JUT") Work exercise it's write to reject the final project drawings and specifications in accordance with section 2 -A(2) above the City may, at its sole discretion, terminate this agreement upon written notice to all utilities in the JUT. Should the City elect not to proceed with award of the contract for the Project Work within nine months of the date of this agreement this agreement shall terminate. Comcast shall be responsible to reimburse the City for its reasonable costs related to the TV Work through the date of termination. S. CHANGES After the City executes a contract with the Contractor, Comcast shall submit any changes requested to be performed by the City's Contractor to the City. The City shall submit this to the Contractor; obtain a price from the Contractor to perform the work, and notify Comcast of this price. Prices supplied for Comcast change orders may be subject to determination by the Engineer in conformance with subsection 1-04.4 of the WSDOT Standard Specifications. Comcast shall have two (2) business days from receiving the price from the City within which to respond to the City. If Comcast chooses not to accept the Contractor's price then this work shall only be performed by Comcast according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. S:IT[B Phase 2&3 95- RWO3i#.005 Design Review\Utiity Coordinationl3rd Party Coordination AgeementslTIB Ph2 &3 Comcast Coordination Agreement 06- 25 -08.doc (Printed 6/24108) Page 4 of 9 6. INDEMNIFICATION A. Claims. Comcast shall be liable for, defend, indemnify and hold harmless the City from any claims made by the Contractor relating to the TV Work that are caused by Comcast; provided, Comcast at its sole expense shall have the right to defend any claims made by the Contractor relating to the TV Work if Comcast determines all or any part of the claim is not valid. These claims may include delays caused by installing the TV Work, delays caused by Comcast providing materials, failure to remove, relocate or replace conflicting utilities in accordance with the timelines established in this Agreement, or any other conflicts between the Contractor and Comcast. B. 3 Party Utility Obligation. Comcast 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 Comcast, 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, Comcast 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 Comcast. 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 Comcast, its officers, agents, and employees. C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and save Comcast- and its elected .and appointed- officials, employees, agents and volunteers harmless from any and all costs, claims, damages, judgments and liabilities against Comcast caused by or relating to the Contractor's performance of the TV Work. D. Safety. The City shall require the Contractor to be solely and completely responsible for safety and safety conditions at the Project site, including the safety of all persons and property during the performance of the Project Work. The Contractor shall be required to comply with all applicable City, County and State rules, regulations, ordinances, orders and codes regarding safety. 7. INSURANCE A. 3rd Party Utility Obligation. Comcast shall procure and maintain for the duration of the TV Work insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by Comcast its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self-insured retention shall be the sole responsibility of Comcast. The City shall be named as additional insured on the insurance policy. A copy of the endorsement naming the City as additional S:1TIB Phase 2&3 95- RWO3W.005 Design ReviewilJtitity Coordina ionl3rd Party Coordination Agreements \TIB Ph2&3 Comcast Coordination Agreement 06-25-08.doc (Printed 6/26108) Page 5 of 9 insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of the TV Work. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability; and 3) Excess Liability insurance with limits not Less than $1,000,000 per occurrence and aggregate. B. Contractor Obligation. The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. Comcast shall be named as additional insured on the insurance policy. A copy of the endorsement naming Comcast as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of construction by the Contractor. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground ()CCU); and employer's liability; and 3) Excess Liability insurance with limits not Less than $1,000,000 per occurrence and aggregate. 8. FRANCHISE AGREEMENT The City and Comcast agree that as to future projects, by entering into this Agreement, neither Party has waived any rights it may have under an existing franchise agreement between the City and Comcast, and the City and Comcast expressly herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, Comcast's participation in the project contemplated in this Agreement, and its very participation in this Agreement, shall in no event be construed as a waiver of Comcast's obligation to relocate underground S: \TIA Phase 2&3 95- RW03W.005 Design RevievWtility Coordination\3rd Party Coordination Agreements \TIB Ph2&3 Comcast Coordination Agreement- 06- 25 -08.doc (Printed 6126/08) Page 6 of 9 utilities pursuant to the franchise agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be considered as a basis for future relocation projects that may be franchise required. Comcast shall retain the rights of exclusive use, regulation and control of the completed TV Work and full ownership of the TV Work including, but not limited to, the right to sell, transfer or assign its rights in and to the TV Work. 9. MISCELLANEOUS A. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. C. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the Contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. D. Attorney's Fees. 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 the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise agreed by both parties. Any written notice shall become effective upon delivery and shall be deemed sufficiently given if delivered to the addressee at the address stated on this Agreement. If notice is mailed, delivery shall become effective three (3) calendar days after the date of mailing by registered or certified mail. If notice is emailed, delivery shall become effective upon an acknowledgment of receipt of the email. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each affected party. G. Severability. If any one or more sections, sub- sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of remaining portion of this Agreement and the remainder shall remain in full force and effect. H. Relationship. It is understood and agreed that no agency, employment, joint venture, co- employer or partnership is created by this Agreement. No party hereto shall (i) have the S:1TIB Phase 2&3 95- RW0318.005 Design ReviewlUtility Coordinationl3rd Party Coordination Agreements\TLB Ph2&3 Comeast Coordination Agreement 06- 25- 08.doc (Printed 6/26/08) Page 7 of 9 power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. L Force Majeure. Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of "force majeure,"- which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. J. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. S:1TIB Phase 2&3 95- RWO3.&.005 Design ReviewlUtility Coardinationt3rd Party Coordination Agreements \T1B Ph2&3 Comcast Coordination Agreement 06- 2$- 08.doc (Printed 6/26108) Page 8 of 9 C OMCAST bv: Print Nam Title: IN WITNESS WHEREOF, the parties below have executed this Agreement. Jib 1 .4i DATE: 7 f /cS DATE: CITY OF TUKWILA by: Print Name: Title:(Mavor) Notices to be sent to; Notices to be sent to: COMCAST CITY OF TUKWILA Attn: Attn: Bob Giberson Public Works Department 6300 Southcenter Blvd., Ste 100 (email) Tukwila, WA 98188 (telephone) baiberson(ci.tukwila.wa.us (facsimile) 206 -433 -0179 (telephone) 206- 431 -3665 (facsimile) APPROVED AS TO FORM: Shelley Kerslake, City Attorney S: \TIB Phase 2&3 95- RWO3W.005 Design Review\Utility Coordination\3rd Party Coordination Agrecments\TIB Ph2&3 Comcast Coordination Agreement 06- 25- 08.doc (Printed 6!26/68) Page 9 of 9 TIB Ph213 (95- RW-03) Exhibit A JUT Scope of Work Firm Price Comcast The following Scope of Work will be included in the Tukwila project costs following the execution of a Coordination Agreement for the Project listed above. All 3 Party Utilities will be responsible for paying these costs by compensation to Tukwila as detailed in the Coordination Agreement and the relevant attachments. Additional costs may be assessed to specific 3 Parties as allowed by the Agreement and/or as detailed below. JUT Firm Price Includes Excavation and disposal of existing trench material. Installation of all conduits, vaults or termination fixtures per the Joint Utility Trench and Individual Trench sections provided in the final project drawings and JUT Firm Price detail below. Material cost and placement of Bedding and Backfill to the final plan grade. Restoration of all surface features for each typical trench section including: Driveway, Curb, Gutter, Sidewalk, Roadway Crossing, Conduit Risers, Conduit Stubs and Wall Penetrations. Temporary Erosion and Sedimentation Control for all installation activities (including maintaining NPDES permit monitoring) for the site during project construction. Traffic Control required during construction activities shown in the project plans. Design effort to include specifications, typical trench sections, route, type and size of conduits and structures (provided by the utility) in the contract drawings. Construction Management Services during construction (not including primary inspection by the 3 Party Utility). .Notice of Completion of the Underground Conduit System ready for cable installation. JUT Firm Price Excludes Costs to resolve any conflict with existing facilities not accurately located by the 3 Party Utility during the design process. Modifications to the work required due to Changed Conditions, Utility requested Change Order, or conflict with existing utilities not accurately represented in the design. Cost of specific communication materials or equipment including: Fiber Optic or other communication cable, conduits, bends, fittings, fixtures, vaults, splice enclosures, innerduct or any other equipment not included in the City's final contract plans or specifications. Cost to place new or existing communication systems within the new underground facilities, cut over any existing above ground services, and remove existing above ground facilities. Any impact to the contractors schedule caused by the 3 Party Utility not completing their work within the timeframe required in the Coordination Agreement, subject to the specific notification procedures of the Agreement. s:iTIB Phase 2&3 95- RW03\i1.005 Design Review \Utility Coordinationl3rd Party Coordination Agreements1TEB Ph2&3 Comcast Coordination Agreement Exhibit A- Updated.doc 06)2612008 Page 1 of 2 Note The 3 Party Utility will be given the option to perform any required Additional Work with their own forces, or approve a Change Order to include the work in the City's contract for additional compensation. In either case any impact to the project schedule may be assessed against the 3 Party Utility if the Additional Work delays the project completion date and the 3 Party Utility could have anticipated and avoided the delay. -The impact will be charged to the 3 Party Utility at the rate to be determined by the Project Engineer on a case by case basis as allowed in the DOT Standard Specifications and applicable law. r`,s Comcast Quantity Units Structures 2436 Conduit Other 4" 2 Risers/Stub/Intercept Wall Penetrations Sea 1630If 180 If JUT Firm Price Comcast* 27,858 For specific scope of work see attached narrative 4 ea 1 ea S:\T1B Phase 2&3 95- RW03V1.005 Design Review\Utility Coordinationl3rd Party Coordination Agreements\TIB Ph2&3 Comcast Coordination Agreement Exhibit A- Ugdate&doc 06/26/2008 Page 2 oft TIB Ph2 /3 (95- RW -03) Exhibit B Underground Project Work Timeline and Schedule Comcast 1) 3` Party Utilities will be provided a minimum of sixty (60) days written Notice of Pending Conflict by the City's Contractor for all known utilities, which. require removal or relocation to avoid hindering the progress of project construction. 2) For utility relocation requiring cut over of existing services a sixty (60) day work window will be provided to the utility, including thirty (30) days to install and energize new wires, cables, pipelines or other necessary infrastructure, fifteen (15) days to complete transfer of existing services to the new system (assuming previous service routes can be reused or new service routes are in place), and fifteen (15) days to remove the obsolete utilities. 3) Minor utility adjustments which do not require cut over of existing services to new infrastructure will be given a fifteen (15) day work window to adjust utilities to avoid conflict. 4) In all cases the work window will start when utility crews have full and unrestricted access to the relocation zone and any applicable infrastructure included in the contract, which is required to facilitate the relocation is in place. Note All time intervals will be measured in Calendar days. S: \TIB Phase 2&3 95- RWO3VI.005 Design Review \Utility Coor4inatiion13rd Party Coordination Agreements \TIB Ph2&3 Comcast Coordination Agreement Exhibit B.doc 06/26/2008 Page 1of1 COORDINATION AGREEMENT WITH COMCAST CORPORATION (ACTING FOR AT &T LOCAL NETWORK SERVICES) REGARDING FIBER OPTIC FACILITY ADJUSTMENTS IN CONJUNCTION WITH TIB Phase 2 &3 STREET IMPROVEMENT PROJECT (95 -RW 03) THIS AGREEMENT is entered into between the CITY OF TUKWILA, -a Washington- municipal corporation "City and COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC (Acting for AT &T/LNS), a Delaware limited liability company "Comcast/LNS ")(individually a "Party" and collectively the "Parties RECITALS WHEREAS, the City is making right -of -way improvements "City Work to Tukwila International Blvd between S139th and S116th Way; and WHEREAS, Comcast/LNS has certain fiber optic infrastructure that will be affected by the planned improvements "FO Work and will need to be relocated or adjusted in conjunction with the City Work; and WHEREAS, the Parties recognize the efficiencies of combining the City Work and portions of the FO Work into one construction project (the "Project" or "Project Work whereby the right -of -way pavement will be disturbed only once. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: 1. SCOPE OF WORK AGREEMENT The City will advertise for bids and enter into a contract with a contractor "Contractor for the construction of the FO Work as described and depicted on the Bid Documents dated June 2008 for the TIB Phase 2&3 Project. 2. RESPONSIBILITIES OF THE PARTIES A. COMCAST/LNS 1) Comcast/LNS shall provide to the City any engineered drawings, specifications, construction standards, quantities, and cost estimates required for the FO Work. The drawings shall show in detail the location, quantity, and size of the conduits, cable vaults, service connections and risers or special termination structures. 2) Comcast/LNS shall review the portion of the Project's final drawings and specifications for the FO Work and shall approve or reject those drawings and specifications in writing within seven (7) days of receipt. Failure to respond within S:1T® Phase 2&3 95- RW03111.005 Design Review \Utility Coordination13rd Party Coordination Agreements\TIB Ph2&3 Comoast -LNS Coordination Agreement 06- 25- 08.doc (Printed 6/26!08) Page 1 qf 9 5 O f ;R\G t\\}4 -L _S the prescribed review period will signify Comcast/LNS's approval of the final contract documents. 3) Comcast/LNS shall provide the inspection services needed for overseeing the proper installation of the FO Work. Comcast/LNS's inspector will coordinate with the City's inspector, and the City's inspector will give all direction to the contractor. Comcast/LNS shall furnish all materials, exclusive of common bedding and backfill, required to complete the FO Work consistent with the requirements of Exhibit A JUT Scope of Work Firm Price. 5) Comcast/LNS shall notify its customers of the Project, perform any system shut downs necessary for the FO Work, and notify its customers of any scheduled service interruptions related to the Project. 6) Comcast/LNS shall remove, a djust, relocate, and/or reinstall any existing fiber optic cables or facilities, which are owned, operated, or leased by Comcast/LNS and are in conflict with the proposed City Work, within the timeline described in Exhibit B Timeline and Schedule. 7) Comcast/LNS shall maintain continued coordination with the City regarding the performance of the FO Work. This coordination shall include but not be limited to the following: a. Comcast/LNS will attend the Project bid opening and pre construction meeting. b. City will provide Comcast/LNS a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change as provided in the contract documents. Comcast/LNS will proactively review the proposed schedule and provide timely feedback of any concerns or potential impacts that the Contractor's work schedule or methods will have on Comcast/LNS's- customers. Any.ohanges required to the Contractor's schedule or methods to limit the adverse impacts to Comcast/LNS's customers will be negotiated in good faith through the City's contracting process. c. Comcast/LNS will attend weekly construction meetings. d. Comcast/LNS will evaluate completion of the FO Work using the requirements of this Agreement and notify the City of any Defective or Unauthorized work at least once a month through the contract payment process. Failure to give written notice to the City of any Incomplete, Defective, or Unauthorized work within forty -eight (48) hours of Comcast/LNS receiving the Contractors Request for Payment from the City will signify ComcastlLNS acceptance of the work submitted for payment by the contractor for that period. B. CITY 1) The City will incorporate Comcast/LNS's design for the FO Work into the Project construction contract documents. The City will advertise for bids, evaluate bids, and award a construction contract for the Project ("Project Contract") to the lowest responsible bidder (the "Contractor The City shall administer the Project Contract and monitor the Contractor's activities. S:ITMB Phase 2&3 95- RW03111.005 Design Rcview\Utiiity CoordinationUrd Party Coordination Agreements1TB Ph2&3 Comeast -LNS Coordination Agreement 06 25 -08.doc (Printed 6!26108) Page 2 of 9 2) The City will require the Contractor to install the FO Work in accordance with the Project's final plans and specifications. 3) The City will require the Contractor to provide Comcast/LNS sixty (60) days written notice for removal of existing fiber optic facilities within the Project boundary, which are known to be in conflict with proposed work. 4) _The _City will.provide- Comcast/LNS with not less than five (5) working days written notice prior to the start of the FO Work to allow Comcast/LNS's scheduling of the on -site Inspector. 5) The City will schedule and attend weekly construction meetings with the City's Contractor, Comcast/LNS, and other franchise utilities involved in the Project. 6) The City will provide Comcast/LNS the Contractor's Request for Payment for the FO Work within three (3) days of receiving a request from the Contractor. 3. COST ALLOCATION The City and Comcast/LNS will divide responsibility for costs related to the FO Work as described below. A. Underground FO Installation. Comcast/LNS agrees to pay the cost that the City incurs for constructing the FO Work as listed in the JUT Scope of Work Firm Price in Exhibit A. B. Adjustments and Relocations. Comcast/LNS agrees to pay the actual costs the City incurs for adjustments and relocations of Comcast/LNS fiber optic service lines throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City improvements. C. Additional Expenses Comcast/LNS agrees to pay any additional expenses incurred in installing the FO Work due to Changes initiated or approved by Comcast/LNS Any changes to the FO Work perceived as necessary by the Contractor and any Change Orders therefore must be approved in writing by Comcast/LNS in advance of such changes to the Work. D. Consultant Costs and Construction Management Services. Comcast/LNS agrees to pay the actual cost that the City incurs, including consultant costs, inspection coordination, and impacts to the overall project, for incorporating Additional Work into the project scope on XO's behalf and approved by XO Communications. "Additional Work" shall be defined as work not included in the JUT Scope of Work and Firm Price in Exhibit A E. Invoice. The City will invoice Comcast/LNS for 50% of the amount listed in Exhibit A, JUT Firm Price, upon finalizing this agreement, approval of the final plans and specifications for the FO Work and obtaining a satisfactory bid for the Project Work. The remaining 50% of the Firrn Price amount will be invoiced upon 50% completion of the JUT facilities. Comcast/LNS agrees to pay the City within forty-five (45) days of receiving each of these invoices. Failure to pay on time may result in a Stop Work Order being issued for the FO Work and possible claims of delay by the contractor. S:1TIB Phase 2&3 95- RWO3Vi.005 Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 Comcast -LNS Coordination Agreement 06- 25- 0S.doc (Printed 6/26/08) Page 3 of 9 F. Final Acceptance. The City shall provide Comcast/LNS with written notice of completion of the FO Work. The Comcast/LNS inspector shall perform final inspection of the FO Work within five (5) days of written notice. Comcast/LNS shall, within forty eight (48) hours of its final inspection, provide to the City written final acceptance of the FO Work, or, alternatively, provide an itemized and detailed response why final acceptance of the FO Work cannot be given. If Comcast/LNS fails to respond to the City within the -prescribed -timeline, Comcast/LNS shall be deemed to- have given -final acceptance of the FO Work. Upon final acceptance of the FO Work, the City shall assign its rights under the Project Contract relating to the FO Work to Comcast/LNS, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the FO Work. The City shall also require the City's Contractor, as a condition of the Project Contract, to provide a bond at Comcast/LNS's cost to insure that the FO Work is free from defects in workmanship and materials for a period of one (1) year following final acceptance of the Project Work by the City. G. Defective or Unauthorized Work Comcast/LNS reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work performed by the Contractor; provided, Comcast/LNS shall be deemed to have waived this right as to any part of the FO Work that has been accepted by Comcast/LNS. This waiver shall not waive any claim by Comcast/LNS against the Contractor for any defective, incomplete or unauthorized work or to any damage inflicted by the Contractor or one of his subcontractors to completed FO Work following Comcast/LNS acceptance. Defective, incomplete or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without Comcast/LNS's written approval. H. As -Built Drawings. The City shall provide Comcast/LNS with "as built" drawings for the FO Work following the City's final acceptance of the Project Work. 4. WITHDRAWAL FROM AGREEMENT Should any utility involved in the Joint Utility Trench "JUT Work exercise it's write to reject the final project drawings and specifications in accordance with section 2 -A(2) above the City may, at its sole discretion, terminate this agreement upon written notice to all utilities in the JUT. Should the City elect not to proceed with award of the contract for the Project Work within nine months of the date of this agreement this agreement shall terminate. Comcast/LNS shall be responsible to reimburse the City for its reasonable costs related to the FO Work through the date of termination. 5. CHANGES After the City executes a contract with the Contractor, Comcast/LNS shall submit any changes requested to be performed by the City's Contractor to the City. The City shall submit this to the Contractor; obtain a price from the Contractor to perform the work, and notify Comcast/LNS of this price. Prices supplied for Comcast/LNS change orders may be subject to determination by the Engineer in conformance with subsection 1 -04.4 of the WSDOT Standard Specifications. Comcast/LNS shall have two (2) business days from receiving the price from the City within which to respond to the City. If Comcast/LNS S:\TIB Phase 2&3 95- RW031#.005 Design RevievAUtility Coordinationl3rd Party Coordination Agreements1TIB Ph2&3 Comcast -LNS Coordination Agreement 0625 -08_doc (Printed 6/16108) -Page 4 of 9 chooses not to accept the Contractor's price then this work shall only be performed by Comcast/LNS according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. 6. INDEMNIFICATION A. Claims.- Comcast/LNS shall be liable for, defend, indemnify and hold harmless the City from any claims made by the Contractor relating to the FO Work that are caused by Comcast/LNS; provided, Comcast/LNS at its sole expense shall have the right to defend any claims made by the Contractor relating to the FO Work if Comcast/LNS determines all or any part of the claim is not valid. These claims may include delays caused by installing the FO Work, delays caused by Comcast/LNS providing materials, failure to remove, relocate or replace conflicting utilities in accordance with the timelines established in this Agreement, or any other conflicts between the Contractor and Comcast/LNS. B. 3rd Party Utility Obligation. Comcast/LNS 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 Comcast/LNS, 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, Comcast/LNS 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 Comcast/LNS. 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. Ta 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 Comcast/LNS, its officers, agents, and employees. C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and save Comcast/LNS and its elected and appointed officials, employees, agents and volunteers harmless from any and all costs, claims, damages, judgments and liabilities against Comcast/LNS caused by or relating to the Contractor's performance of the FO Work. D. Safety. The City shall require the Contractor to be solely and completely responsible for safety and safety conditions at the Project site, including the safety of all persons and property during the performance of the Project Work. The Contractor shall be required to comply with all applicable City, County and State rules, regulations, ordinances, orders and codes regarding safety. S:1TIB Phase 2&3 95- RW03W.005 Design RevievAUtility Coordination\3rd Party Coordination Ageements\TIB Ph2 &3 Comcast -LNS Coordination Agreement 06- 25- 08.doc (Printed 6/26/08) Page 5 of 9 7. INSURANCE A. 3rd Party Utility Obligation. Comcast/LNS shall procure and maintain for the duration of the FO Work insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the of the work by Comcast/LNS its agents, representative,_emplayees, subconsultants or subcontractors. Any payment of deductible or self-insured retention shall be the sole responsibility of Comcast/LNS. The City shall be named as additional insured on the insurance policy. A copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of the FO Work. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability; and 3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. B. Contractor Obligation. The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the. Contractor, its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. Comcast/LNS shall be named as additional insured on the insurance policy. A copy of the endorsement naming Comcast/LNS as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of construction by the Contractor. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability; and 3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. S:ITIB Phase 2&3 95- RWO3W.005 Design ReviewlUtility Coordinationl3rd Party Coordination Agreements\TIB Ph2&3 Comcast -LNS Coordination Agreement 06- 25- 08.doc (Printed 6/26/08) Page 6 of 9 8. FRANCHISE AGREEMENT The City and Comcast/LNS agree that as to future projects, by entering into this Agreement, neither Party has waived any rights it may have under an existing franchise agreement between the City and Comcast/LNS, and the City and Comcast/LNS expressly herein reserve cueh rights. Notwithstanding anything in this Agreement to the contrary, Comcast/LNS's participation in the project contemplated in this Agreement, and its very participation in this Agreement, shall in no event be construed as a waiver of Comcast/LNS's obligation to relocate underground utilities pursuant to the franchise agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be considered as a basis for future relocation projects that may be franchise-required. Comcast/LNS shall retain the rights of exclusive use, regulation and control of the completed FO Work and full ownership of the FO Work including, but not limited to, the right to sell, transfer or assign its rights in and to the FO Work. 9. MISCELLANEOUS A. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. C. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the Contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. D. Attorney's Fees. 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 the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise agreed by both parties. Any written notice shall become effective upon delivery and shall be deemed sufficiently given if delivered to the addressee at the address stated on this Agreement. If notice is mailed, delivery shall become effective three (3) calendar days after the date of mailing by registered or certified mail. If notice is emailed, delivery shall become effective upon an acknowledgment of receipt of the email. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each affected party. G. Severability. If any one or more sections, sub- sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the S:\TIB Phase 2&3 95- RW©3\H.005 Design ReviewlUtility Coordinationl3rd Party Coordination Agreements \TIB Ph2&3 Comcast -LNS Coordination Agreement 06- 25- 08.doc (Printed 6126!08) Page 7 of 9 remaining portion of this Agreement and the remainder shall remain in full force and effect. H. Relationship. It is understood and agreed that no agency, employment, joint venture, co- employer or partnership is created by this Agreement. No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. I. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of "force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of' events of force majeure shall not extend to payment of money owed hereunder. J. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. S:\TIB Phase 2&3 95- RW03W.005 Design RevievAUtility Coordinationl3rd Party Coordination AgreementslTIB Ph2&3 Comcast -LNS Coordination Agreement 06 25.08.doc (Printed 611648) Page 8 of 9 IN WITNESS WHEREOF, the parties below have executed this Agreement. Print Name: a h -7 Title: AU/ DATE: 9//7 CITY OF TUKWILA by: Print Name: Title: (Mavor) DATE: Notices to be sent to: Notices to be sent to: Comcast/LNS CITY OF TUKWILA Attn: Attn: Bob Giberson Public Works Department 6300 Southcenter Blvd., Ste 100 (email) Tukwila, WA 98188 telephone) baibersonfchci.tukwila.wa.us (facsimile) 206- 433 -0179 (telephone) 206- 431 -3665 (facsimile) APPROVED AS TO FORM: Shelley Kerslake, City Attorney S:\TIB Phase 2&3 95- RW03!#.005 Design RevievAUtitity Coordination\3rd Party Coordination Agreements1T1B Ph2&3 Comcast -LNS Coordination Agreement 06- 25- 08.doc (Printed 6/26108) Page 9 of 9 TIB Ph2 /3 (95- RW -03) Exhibit A JUT Scope of Work Firm Price Comcast/f,NS The following Scope of Work will be included in the Tukwila project costs following the execution of a Coordination Agreement for the Project listed above. All 3 Party Utilities will be responsible for paying these costs by compensation to Tukwila as detailed in the Coordination Agreement and the relevant attachments. Additional costs may be assessed to specific 3 Parties as allowed by the Agreement and/or as detailed below. JUT Firm Price Includes Excavation and disposal of existing trench material. Installation of all conduits, vaults or termination fixtures per the Joint Utility Trench and Individual Trench sections provided in the final project drawings and JUT Firm Price detail below. Material cost and placement of Bedding and Backfill to the final plan grade. Restoration of all surface features for each typical trench section including: Driveway, Curb, Gutter, Sidewalk, Roadway Crossing, Conduit Risers, Conduit Stubs and Wall Penetrations. Temporary Erosion and Sedimentation Control for all installation activities (including maintaining NPDES permit monitoring) for the site during project construction. Traffic Control required during construction activities shown in the project plans. Design effort to include specifications, typical trench sections, route, type and size of conduits and structures (provided by the utility) in the contract drawings. Construction Management Services during construction (not including primary inspection by the 3 Party Utility). Notice of Completion of the Underground Conduit System ready for cable installation. JUT Firm Price Excludes Costs to resolve any conflict with existing facilities not accurately located by the 3 Party Utility during the design process. Modifications to the work required due to Changed Conditions, Utility requested Change Order, or conflict with existing utilities not accurately represented in the design. Cost of specific communication materials or equipment including: Fiber Optic or other communication cable, conduits, bends, fittings, fixtures, vaults, splice enclosures, innerduct or any other equipment not included in the City's final contract plans or specifications. Cost to place new or existing communication systems within the new underground facilities, cut over any existing above ground services, and remove existing above ground facilities. Any impact to the contractors schedule caused by the 3 Party Utility not completing their work within the timeframe required in the Coordination Agreement, subject to the specific notification procedures of the Agreement. S: \T1B Phase2&3 95- RW031#.005 Design ReviewlUtility Coordination'3rd Party Coordination Agreements\TIB Ph2&3 Comcast-LNS Coordination Agreement Exhibit A- Final.doc 061262008 Page 1 of 2 Note The 3 Party Utility will be given the option to perform any required Additional Work with their own forces, or approve a Change Order to include the work in the City's contract for additional compensation. In either case any impact to the project schedule may be assessed against the 3 Party Utility if the Additional Work delays the project completion date and the 3r Party Utility could have anticipated and avoided the delay. The impact will be charged to the 3 Party Utility at the rate to be determined by the Project Engineer on a case by case basis as allowed in the DOT Standard Specifications and applicable law. ComcastlLNS Structures 253 TA Conduit Other 4 2" Risers /Stub/intercept Wall Penetrations Quantity Units 810If Total Firm Price ComcastiLNS* 18,801 For specific scope of work see attached narrative 2 ea 0 If 2 ea 0 ea S_1TIB Phase 2&3 93- RWO31h.005 Design ReviewtUtility Coordination13rd Party Coordination Agreements\TIB Ph2&3 Comcast-LNS Coordination Agreement Exhibit A- Finat.doc 06/262008 Page 2 of 2 TIB Ph2/3 (95-RW-03) Exhibit B Comcast/LNS Underground Project Work Timeline and Schedule 1) 3 Party Utilities will be provided a minimum of sixty (60) days written Notice of Pending Conflict by the City's contractor for all known utilities which require removal or relocation to avoid hindering the progress of project construction. 2) For utility relocation requiring cut over of existing services a sixty (60) day work window will be provided to the utility, including thirty (30) days to install and energize new wires, cables, pipelines or other necessary infrastructure, fifteen (15) days to complete transfer of existing services to the new system (assuming previous service routes can be reused or new service routes are in place), and fifteen (15) days to remove the obsolete utilities. 3) Minor utility adjustments which do not require cut over of existing services to new infrastructure will be given a fifteen (15) day work window to adjust utilities to avoid conflict. 4) In all cases the work window will start when utility crews have full and unrestricted access to the relocation zone and any applicable infrastructure included in the contract designed to accept the relocated utility is in place. Note All time intervals will be measured in Calendar days. S:1TIB Phase 2&3 95- RW031f.005 Design Review\Utility Coorrinationl3rd Party Coordination Agreements\TIB Ph2&3 Comcast-LNS Coordination Agreement Exhibit B.doc 0626/2008 Page I of 1 RECOMMENDATION RR/tm INFORMATION MEMO To: Mayor Haggerton From: Public Works Director 11) Date: September 17, 2008 �3� Subject: 'Winkler Shops Re -Roof Building `B' Project No. 03 -BG08 Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of retainage. BACKGROUND The Notice to Proceed for Contract No. 08 -015 with Pacific Sheet Metal Roofmg, Inc. was issued March 24, 2008 for construction of the Minider Shops Building `B' Re -Roof Project. Work began on April 1, 2008, and was completed on June 13, 2008. One (1) Change Order was issued and there were no additional cost overruns or underruns. Contract Award Amount Change Order #1 Sales Tax 9.0% Total Amount Paid (incl. retainage) Attachment: Notice of Completion 80,300.00 3,635.62 7,554.21 91,489.83 It is recommended that this contract be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and authorize the release of retainage, subject to the standard claim and lien release procedures. P: \PROJECTS \A BG Projects \03BG08 MINKLER SHOP REROOF Minkler ReRoof 2008 Bldg B \Info Memo Closeout.doc From: State of Washington Department of Revenue PO Box 47474 REVENU Olympia WA 98504 -7474 City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Pacific Sheet Metal Roof LLC Contractor's Address Comments: Contractor's Registration No. (UBI No.) 602 257 647 Date 9/10/08 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT euat m Tess: Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number City Shops ReRoof Building B (Project No. 03 -BG08) Contractor's Name 111 So. Spokane St., Seattle, WA 98134 Date Work Commenced Date Work Completed Date Work Accepted 4/1/08 6/13/08 Surety or Bonding Company Contractors Bonding Insurance Co. #LC5756 Agent's Address Nick Zachnich, 1407 116 Ave. NE, #104, Bellevue, WA 98004 Contract Amount 80,300.00 Additions 3,635.62 Liquidated Damages 0.00 Reductions 0.00 Sub -Total 83,935.62 Amount of Sales Tax Paid at 9.0 7,554.21 ¶various rates apply, please send a breakdown.) TOTAL 91,489.83 Assigned To Date Assigned Signature Type or Print Name Diane Jaber 'CAN Phone Number 206 433 -1871 ent _1 08 -015 Telephone Number 206- 682 -5354 Amount Disbursed 87,293.05 Amount Retained 4,196.78 TOTAL 91,489.83 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV 31 0020e (6 -27 -01)