HomeMy WebLinkAboutReg 2013-07-15 COMPLETE AGENDA PACKETMonday,
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Op
.y
Tukwila City Council Agenda
❖REGULAR MEETING •
2 Jim Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson
David Cline, CityAdministrator + Allan Ekberg + Verna Seal
Kathy Hougardy, Council President + De'Sean Quinn + Kate Kruller
July
EXECUTIVE SESSION — 5:30 PM - 7:00 PM
Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(b)
(90 minutes)
NOTE: Executive Session will be held in Conference Room #3 at City Hall.
15, 2013; 7:00 PM • Ord #2404 • Res #1798
1.
CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2.
CITIZEN
COMMENT
At this time, you are invited to comment on items not included on this agenda
(p /ease limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
3.
CONSENT
AGENDA
a. Approval of Minutes: 7/1/13 (ReguiarMtg.)
b. Approval of Vouchers.
c. Authorize the Mayor to enter into the second amendment to settlement
agreement #08 -056 with Darryl Doak, Sr., Estrella Doak, Darryl Doak,
Jr. and Doak Homes. [Reviewed and forwarded to Consent by Finance
and Safety Committee on 7/2/13.]
d. Authorize the Mayor to sign the grant award agreement from King
Conservation District No. 9 for the Duwamish Gardens Project in the
amount of $300,000. [Reviewed and forwarded to Consent by
Community Affairs and Parks Committee on 7/8/13.]
e. Authorize the Mayor to sign the Interlocal Agreement- Master Contract
Usage Agreement with the State of Washington Department of
Enterprise Services as a City purchasing resource. [Reviewed and
forwarded to Consent by Transportation Committee on 7/9/13.]
f. A resolution declaring a 1993 Ford Grumman video inspection truck as
surplus and authorizing its sale to the City of Normandy Park.
[Reviewed and forwarded to Consent by Transportation Committee on
7/9/13.]
g. A resolution declaring certain fleet vehicles as surplus and authorizing
their sale or disposal. [Reviewed and forwarded to Consent by
Transportation Committee on 7/9/13.]
h. Authorize the Mayor to sign Supplement No. 1 with Fehr & Peers
related to the Supplemental Environmental Impact Statement (SEIS)
for the Tukwila Urban Center Plan in the amount of $5,500. (The
additional $5,500 brings the contract over $40,000, requiring Council
approval.) [Reviewed and forwarded to Consent by Transportation
Committee on 7/9/13.]
Pg.1
Pg.17
Pg.35
Pg.49
Pg.63
Pg.73
(continued...)
REGULAR MEETING
Monday, July 15, 2013
Page 2
4. NEW BUSINESS
5. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report, to include
2013 Work Plan status report for 2nd Quarter
d. City Attorney
e. Intergovernmental
Pg.115
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio /video taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings - Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
IniOaIs
Meeting Date
Prepared by
Mayor's review
07/15/13
BM
Council review
ick
ITEM INFORMATION
ITEM No,
3.C.
1
STAFF SPONSOR: BRANDON MILES
ORIGINAL AGINDA DATE: 7/15/13
AGENDA ITEM TITLE Doak Settlement, 2nd Amendment.
CATEGORY — Discussion
Mtg Date
Z Motion
Mtg Date 7/15/13
[ Resolution
Mtg Date
— Ordinance
Mtg Date
P Bid Award
Mtg Date
— Public Hearing
Mtg Date
— Other
Mtg Date
SPONSOR Counci / Mayor HR Z DCD E Finance E Fire IT P&R _ Police Mr
SPONSOR'S In July of 2008, the City of Tukwila and Doak Homes, Inc. entered into a settlement
SUMMARY agreement regarding several properties owned by Doak Homes, Inc. in the Allentown
Neighborhood of the City. The settlement agreement resolved a Federal Court land use
case regarding application of the City's code to Doak's property. The agreement is set to
expire in July and Doak Homes has requested that the City extend the agreement.
REVIEWED BY _ COW Mtg. L j CA&P Cmte Z F&S Cmte E Transportation Cmte
Utilities Cmte Arts Comm. __ Parks Comm. E Planning Comm.
DATE: 7/2/13 COMMITTEE CHAIR: ROBERTSON
RECOMMENDATIONS:
SPONSOR/AI)MIN.
COMMITTEE
Department of Community Development
Unanimous Approval; Place on Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N/A $N/A $N/A
Fund Source: N/A
Comments: N/A
MTG. DATE
RECORD OF COUNCIL ACTION
7/15/13
MTG. DATE
ATTACHMENTS
7/15/13
Informational Memorandum to dated 6/26/13
Draft 2nd Amendment to Settlement Agreement
Map
Photos of Completed Homes.
Minutes from the Finance and Safety Committee meeting of 7/2/13
1
2
TO:
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety
FROM: Jack Pace, DCD Director
BY: Brandon Miles, Senior Planner
DATE: June 26, 2013
SUBJECT: Doak Settlement Agreement
2nd Amendment
ISSUE
Authorize the Mayor to amend the terms of a settlement agreement with Doak Homes Inc.
Specifically the following changes are proposed to the terms of the existing agreement:
1. Extend the agreement an additional 36- months; and
2. Remove the requirement for Doak to develop the lots in a specified pattern.
BACKGROUND
In July of 2008, the City of Tukwila and Doak Homes, Inc. entered into a settlement agreement
regarding several properties owned by Doak Homes, Inc. in the Allentown Neighborhood of the
City. The settlement agreement resolved a Federal Court land use case regarding application
of the City's code to Doak's property. The agreement covered King County parcels, 017900-
1730, 017900 -1755 and 017900 -1855. These parcels are shown in Attachment B.
The agreement allowed Doak Homes, Inc to construct 14 homes on lots that did not comply with
the City's minimum lot area requirements. The number of homes permitted under the
agreement was more than allowed under the current zoning, but Tess than what had been
permitted under previous development regulations. In exchange for allowing Doak Homes to
build on smaller lots, the City specified certain requirements beyond the City's development
standards for LDR zoning. These requirements included a specific site layout, maximum
building footprint limitation, use of stone on the exteriors of the homes, a maximum lot coverage
limitation, and additional landscaping.
The agreement was valid for 30 months after execution (July of 2008). Prior to expiration of the
agreement, the City and Doak Homes agreed to extend the agreement an additional 36 months.
Thus, the agreement will expire in July of 2013.
3
INFORMATIONAL MEMO
Page 2
DISCUSSION
Doak Homes has completed construction of five homes (photos of the completed homes are
included at Attachment C). Furthermore, Doak Homes has completed installation of the
necessary public improvements for the larger ten home project. This was a significant endeavor
with a new road, sidewalks, and utilities.
Doak Homes has requested that the City extend the agreement. As was discussed with the
Council in 2010, when the agreement was originally extended, Doak Homes faced significant
pressure due to the "Great Recession." Like many homebuilders, Doak was unable to secure
funding for construction or purchasers for the lots'.
The homes constructed by Doak Homes are also providing the opportunity to test development
standards for small lot development within Allentown. The agreement specified a maximum
footprint on small lots, maximum lot coverage, and design standards that are unique to small lot
development. In the future, if the City Council chooses to develop specific development
standards for the Allentown Neighborhood, the homes constructed under this agreement could
provide a good template for possible future development standards.
The original settlement agreement also required that Doak build homes in a specified order to
prevent the creation of "orphan lots ". Doak has requested that this provision be removed so that
homes can be built based on buyers' preferences. This is typical in large subdivisions, where
homes are typically only built once a buyer has been secured.
If the agreement expires, Doak will be required to comply with the zoning regulations in place at
the time of submittal of a complete building permit application. Thus, on the remaining parcel,
Doak would be required to construct homes on lots that are at least 6500 square feet in area.
Depending on lot layout, the remaining parcel could accommodate 5 to 6 homes under the
current zoning regulations. The design of the homes would have to comply with the City's
standard development regulations in the LDR zone, but the City would not have the ability to
control specific design elements for individual homes as is accomplished by the Agreement.
After the City and Doak Homes entered into the settlement agreement, the City Council adopted
a requirement that all new single family homes be built with fire sprinkler systems. Since the
development agreement was entered into prior to this code requirement staff did not require that
Doak Homes install fire sprinklers in the new homes. With the expiration of the agreement staff
has examined the feasibility of having the new homes install fire sprinkler systems; however, the
newly laid private waterlines are too small to accommodate the required pressure for the fire
sprinklers. If the agreement is extended, Doak will not be required to install fire sprinklers or
replace the waterlines.
1 As was noted in the 2010 staff report the City Council:
The current economic situation has impacted all construction in the City, especially single family construction.
Even during the construction boom, the City's issuance of new single family home permits was low, on average
about 30 new homes a year. However starting in 2007/2008 the City saw a marked drop off in the number of
building permits being issued for new single family homes. In 2008 the City issued 7 permits for new single family
homes; in 2009 only 2 single family building permits were issued (both permits were issued to Doak Homes); and
for the current year, the City has only issued 2 single family building permits.
Z: \DCD n Clerk's \Brandon \Doak \Doak Memo, Finance and Safety, 2013.06.26.doc
4
INFORMATIONAL MEMO
Page 3
RECOMMENDATION
The modified agreement will give Doak Homes an additional 36 months to attain building
permits for the nine remaining homes. Staff also suggests that Doak Homes be permitted to
build the homes as buyers are identified for the specific lots and not have to conform to building
lots in a certain pattern. All other terms and conditions of the agreement will remain in place.
The homes constructed will be some of the highest quality in the Allentown Neighborhood and
staff believes that it is in the best interest of the City to extend the agreement in order to allow
the additional homes to be built.
Staff recommends that the Council authorize the Mayor to sign the amendment and that items
be placed on the July 15th consent agenda.
ATTACHMENTS
Attachment A: Draft 2nd Amendment to Settlement Agreement
Attachment B: Map
Attachment C: Photos of Completed Homes
Z:1DCD n Clerk's\BrandonlDoak\Doak Memo, Finance and Safety, 2013.06.26.doc
5
6
DRAFT
SECOND AMENDMENT TO SETTLEMENT AGREEMENT
BY AND BETWEEN THE CITY OF TUKWILA AND
DARRYL DOAK, SR., ESTRELLA DOAK, DARRYL DOAK, JR.,
AND DOAK HOMES, INC.
THIS SECOND AMENDMENT TO SETTLEMENT AGREEMENT (the "Second
Amendment ") is made and entered into this day of , 2013, by and
between the CITY OF TUKWILA (hereinafter "City" or "Tukwila "), a duly organized
Washington municipal corporation, and DARRYL DOAK, SR., ESTRELLA DOAK,
DARRYL DOAK, JR., and DOAK HOMES, INC. (hereinafter collectively referred to as
"Doak").
WHEREAS, the City and Doak entered into that certain Settlement Agreement
dated July 2, 2008; and
WHEREAS, due to the economic downturn in the construction industry, on July 21,
2010, the Parties executed a First Amendment to Settlement Agreement extending the term
for an additional thirty -six months (36) to allow Doak additional time to complete the
development; and
WHEREAS, the extended term is set to expire in July of 2013, but continued
financial and economic challenges have further hindered Doak's timely completion of the
development; and
WHEREAS, the Parties desire to extend the Settlement Agreement for an additional
term of thirty -six (36) months; and
WHEREAS, the Settlement Agreement explicitly prohibits the creation of "orphan
lots" and requires Doak to develop lots in either adjacent order or opposing order to prevent
the creation of orphan lots, so Doak would also like to amend the Settlement Agreement to
allow development of lots as buyers are secured; and
WHEREAS, the City finds that it is in the best interest of the City to remove the
"orphan lot" provision and allow development as buyers arise;
NOW, THEREFORE, in consideration of the mutual promises acknowledged and
set forth herein and the long -term benefit to both the City and Doak, the parties hereby
amend said Agreement as follows:
Doak v. City of Tukwila
DRAFT Second Amendment to Settlement Agreement - 6/26/2013
Page 1 of 3
7
II. AGREEMENT
1. Section 30 of the Settlement Agreement, and Section 5 of the First Amendment
of Settlement Agreement, are hereby amended to read as follows:
30. Expiration of Settlement Agreement. The Settlement Agreement
shall expire 36 months from the date of mutual execution of the Second
Amendment. Doak's obligations set forth in Sections 23 (Compensation)
and 28 (Release) shall survive termination of this Agreement, and Doak shall
be obligated to dismiss the Lawsuit and Appeal regardless of the lack of
issuance of any building permit(s). Doak shall be entitled to develop the lots
that are the subject of this Agreement in conformance with the terms of the
Agreement so long as the building permits for the properties are issued
before the expiration of the Agreement consistent with Section 20 and
thereafter remain valid. Upon the expiration of this Agreement, however,
any future development of the properties that are the subject of this
Agreement and for which building permits have not been issued will be
required to comply with all applicable standards of the Tukwila Municipal
Code (TMC) in effect at the time of any future application.
2. This Amendment and subsequent amendments shall become effective
immediately following execution by all of the parties.
3. Except as amended herein, the terms and provisions of the original Settlement
Agreement and First Amendment of Settlement Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be
executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA
Jim Haggerton, Mayor
DOAK HOMES, INC.
Darryl Doak, Sr., Its President
Date:
Date:
Doak v. City of Tukwila
DRAFT Second Amendment to Settlement Agreement - 6/26/2013
Page 2 of 3
8
Estrella Doak, Its Vice President
Darryl Doak, Jr., Its Project Manager
Date:
Date:
Doak v. City of Tukwila
DRAFT Second Amendment to Settlement Agreement - 6/26/2013
Page 3 of 3
9
10
Attachment "B"
Doak Homes
11
ATTACHMENT "C"
PHOTOS OF COMPLETED HOMES
PARCEL 017900-1731
Sold: September, 2010
Selling Price: $325,000
Attachment C: Doak Homes, Completed Homes
12
PARCEL 017900-1730
Sold: August, 2011
Selling Price: $330,000
&��
NINO INN
PARCEL 0179004756
Sold: May, 2010
Selling Price: $320,000
- —
Attachment C: Doak Homes, Completed Homes
PARCEL 017900-1755
Sold: January, 2010
Selling Price: $310,000
Currently Listed for Sale at: $335,000; 8% increase in value.
PARCEL 017900-4855
Sold: May, 2013
Selling Price: $249,000
Attachment C: Doak Homes, Completed Homes
14
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
July 2, 2013 — 5:30 p.m.; Conference Room #3
City of Tukwila
Finance and Safety Committee
PRESENT
Councilmembers: Dennis Robertson, Chair; Verna Seal and De'Sean Quinn
Staff: Peggy McCarthy, Jack Pace, Brandon Miles and Laurel Humphrey
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Amendment to the Settlement Agreement with Doak Homes
Staff is seeking Council approval to authorize the Mayor to amend the terms of an existing settlement
agreement with Doak Homes, Inc. In July 2008, the City of Tukwila and Doak Homes, Inc. entered into a
settlement agreement regarding several properties in the Allentown neighborhoods, allowing construction
of 14 homes on lots not in compliance with minimum lot area requirements. The agreement covered King
County parcels 017900 -1730, 017900 -1755 and 017900 -1855. Construction has been completed on five
homes, and the extension will give Doak Homes an additional 36 months to obtain permits for the
remaining nine. Because the construction will be some of the highest quality in Allentown, and because
this is a good opportunity to test development standards for small lot development, staff recommends
amending the settlement agreement as follows:
1. Extend the agreement for an additional 36 months; and
2, Remove the requirement for Doak to develop the lots in a specific pattern.
UNANIMOUS APPROVAL. FORWARD TO JULY 15 REGULAR COUNCIL CONSENT
AGENDA.
B. Council Policy on Electronic Devices
Committee members reviewed a draft "Councilmember Use of Electronic Devices" policy, which was
drafted based upon the June 4, 2013 Committee discussion on the topic. The Committee packet also
contained proposed edits from the City Clerk's Office relating to public disclosure.
Committee members accepted the edits from the Office of the City Clerk, and made a further amendment
to Section 3, Public Records Responsibilities, Paragraph 1, as shown:
"A Councilmember's electronic device and the documents contained therein, whether under Option A
or B, or on an electronic device they purchased themselves that is used in the course of performing
their duties as elected officials, may :° .. . only be accessed to
comply with public disclosure per State and Federal law."
UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW.
15
16
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
07/15/13
Mayor's review
Council review
ITEM INFORMATION
ITEM No.
3.D.
17
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 07/15/13
AGENDA ITEM TITLE Duwamish Gardens
Acceptance of King Conservation District Grant
CATEGORY Discussion
Mtg Date
I
Motion
Date 07/15/13
Eil Resolution
Mtg Date
Ei Ordinance
Mtg Date
• Bid
Award
• Public Hearing
Other
Mtg Date
Mtg
Mtg Date
Mtg Date
SPONSOR E Council Mayor r] HR El DCD jI1 Finance Fire LI IT fl P&R Police Z PIF
SPONSOR'S The City has been awarded a $300,000 grant from the King Conservation District (KCD) for
SUMMARY the Duwamish Gardens Project. KCD originally provided acquisition and design funding and
this $300,000 can be used for construction costs as well as to facilitate the exchange of a
portion of the existing site for a larger riverward portion of the neighboring property. There
are no City matching requirements. Council is being asked to accept the KCD grant funds of
$300,000.
REVIEWED BY E COW Mtg.
Utilities Cmte
DATE: 07/08/13
ri
CA&P Cmte
Ell F&S Cmte E Transportation Cmte
0 Parks Comm. 11 Planning Comm.
COMMITTEE CHAIR: ALLAN EKBERG
El Arts Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 301 PARKS (PG 65, 2013 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/15/13
MTG. DATE
ATTACHMENTS
07/15/13
Informational Memorandum dated 07/05/13
King Conservation District Grant Agreement
Minutes from the Community Affairs & Parks Committee meeting of 07/08/13
17
18
City of Tukwila
Jim Haggerlon, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Bob Giberson, Public Works Director
By: Ryan Larson, Senior Program Manager
DATE: July 5, 2013
SUBJECT: Duwamish Gardens
Project No. 90630102
Accept Grant from the King Conservation District
ISSUE
Accept a grant from the King Conservation District (KCD) for the Duwamish Gardens Project.
BACKGROUND
The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon
habitat site with minor park elements. The p ject is currently in the design phase and staff is
in the process of obtaining all construction permits to clear the site of existing structures and
secure construction funding. Construction is anticipated to begin in spring of 2014, provided
that permitting is completed and all construction funding can be secured.
The current construction cost estimate for Duwamish Gardens is $2,500,000. Staff worked
with the WRIA 9 Habitat Team and applied for construction funding through the King County
Flood Control District (KCFCD), Saimon Recovery Funding Board (SRFB), Aquatic Lands
Enhancement Account (ALEA), Puget Sound Acquisition and Restoration Fund (PSAR) and
KCD. To date, construction grant funding for $500,000 has been secured from KCFCD and
this grant acceptance from the King Conservation District is for $300,000. Other grant funding
opportunities are stiU pending.
ANALYSIS
King Conservation District provided acquisition and design funding for Duwamish Gardens.
This KCD construction grant for $300,000 does not have specific matching fund requirements,
but does require that the funds be used to construct the pr ject as described in the grant
application. The funds can be used for construction and if needed, to facilitate the exchange of
a portion of the existing site for a larger riverward portion of the neighboring property.
RECOMMENDATION
Council is being asked to approve the grant agreement with the King Conservation District for
$300,000.00 for the Duwamish Gardens project and consider this item on the Consent
Agenda of the July 15, 2013 Regular Meeting.
Attachment: King Cons rvation District Grant Agreement
WAPW Eng PRoECTS\A- DR Projects\Duwamish Gardens 06-DRO2 (906301 Memo KCD Construction Grant Accept.docx
20
AGREEMENT FOR AWARD OF
KING CONSERVATION DISTRICT WRIA FORUM GRANT
Green-Duwamish-Central Puget Sound Watershed Forum (WRIA 9)
City of Tukwila
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton,
WA 98057 (referred to herein as "District"), and City of Tukwila, a municipal corporation in
King County, Washington, located at 6300 Southcenter Boulevard, Tukwila, WA 98188
(referred to herein as "Recipient"), for the purposes set forth herein.
SECTION 1. RECITALS
1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve
natural resources, including soil and water, which activities are declared to be of special benefit
to lands; and
1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed
a system of assessments to finance the activities and programs of the District; and
1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34
RCW, the District is authorized to enter into agreements with municipal entities and agencies
(governmental or otherwise), or their designees, in order to carry out and facilitate the activities
and programs of the District to conserve natural resources; and
1.4 Whereas, certain Watershed Forums were established in King County and through
the voluntary association of agencies and entities situated within the particular watershed basins
or areas (i.e., Snoqualmie Watershed Forum; Cedar/Lake Washington/Sammamish Watershed
Forum; Green/Duwamish/Central Puget Sound Watershed Forum) for the purpose of addressing
and responding to environmental needs within their respective watershed basins and in the region
by cooperative efforts; and
1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are
located within or have a major interest in the management of Water Resources Inventory Areas
(WRIA) 7, 8 and 9; and
1.6 Whereas, the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89.08 RCW, the
District's policies and procedures for awarding grants and the funding principles established by
King County's Regional Water Quality Committee; and
1.7 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a grant to
Recipient.
Page 1 of 4
21
SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of Three
Hundred Thousand Dollars ($300,000.00) from 2010 -11 Assessments. Grant funds shall be used
by Recipient solely for the performance of the work described in Exhibit A which is attached
hereto and incorporated herein by this reference. The District shall pay the grant funds to
Recipient in accordance with the District's policies and procedures, including but not limited to,
the policies and procedures contained in the Member Jurisdiction & WRIA Forum Grant
Application Instructions and Policies, provided that such funds have been collected and received
by the District.
2.2 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the
Agreement. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized work. Further, Recipient agrees to return to the District any
grant funds that are not expended or remain after completion of the work covered by this
Agreement.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's jurisdictional boundaries. The following
municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal
Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that
portion of any grant funds which are used for work performed outside the District's jurisdictional
boundaries.
2.4 In the event the scope of work authorized by this Agreement includes the use of
grant funds to purchase houses located on real property within a flood hazard area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplain mapping or sensitive areas regulations were in
place for that area. Recipient shall be required to refund to the District that portion of any grant
funds which are used for unauthorized purposes.
2.5 Recipient shall be required to provide the District with biannual financial and
project progress reports, along with an annual summary report. Financial and project reports
shall be due June 30 and November 30 each year. The Recipient shall also be required to submit
to the District a final report which documents the Recipient's completion of the work in
conformance with this Agreement within thirty (30) days after the completion of the work. The
final report shall, among other things, summarize the project's successes and shall address the
regional benefits accomplished by the work. The final report shall also identify any obstacles or
challenges which were encountered during the work, along with general recommendations
regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees
to provide the District with additional financial or progress reports from time to time, at
reasonable intervals.
Page 2 of 4
22
2.6 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable
requests made by the District with respect to the manner in which project expenditures are
tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain
such records of expenditures as may be necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws.
2.7 Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ( "BARS ").
2.8 The District or its representative shall have the right from time to time, at
reasonable intervals, to audit the Recipient's books and records in order to verify compliance
with the terms of this Agreement. Recipient shall cooperate with the District in any such audit.
2.9 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the
Washington State Archivist.
2.10 Recipient shall ensure that all work performed by Recipient or its employees,
agents, contractors or subcontractors is perfoiiiied in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and federal laws
and regulations. Recipient shall implement an appropriate monitoring system or program to
ensure compliance with this provision.
2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected
or appointed officials, employees and agents, from all claims, alleged liability, damages, losses
to or death of person or damage to property allegedly resulting from the negligent or intentional
acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection
with this Agreement.
2.12 Recipient agrees to acknowledge the District as a source of funding for this
project on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
3.2 This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof which are
not embodied in this Agreement shall be of any force or effect.
Page 3 of 4
23
3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties. The parties
contemplate that this Agreement may from time to time be modified by written amendment
which shall be executed by duly authorized representatives of the parties and attached to this
Agreement.
3.4 Each party warrants and represents that such party has full and complete authority
to enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement on
behalf of such party and that such party is bound by the signature of such representative.
DISTRICT: RECIPIENT:
By By
Name Name
Title Title
Date Date
Approved as to Form: Approved as to Form:
DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY:
By
Name 6K C Frivvwd
Date I /6 13
t
24
By
Name
Date
Page 4 of 4
Exhibit A
26
King Conservation District
RECEIVED MAR 152013
Member Jurisdiction
& WRIA Forum Grant Program
Grant Application
Project Title: Duwamish Gardens Construction 2013
Applicant: City of Tukwila
Contact: Ryan Larson
Principal Partners (if any):
WRIA 9 Salmon Recovery Team
Title: Senior Engineer
Address:
6300 Southcenter Blvd.
Tukwila, WA 98188
Total Project Cost: $3,048,388
WRIA Funding ® Jurisdiction Funding (-
KCD Funding Requested: $300,000
Phone: 206 - 431 -2456
Project Start Date: January 2014
Fax: 206 - 431 -3665
Project End Date: December 2014
E- mail: ryan.larson@tukwilawa.gov
1. Project Description - provide a brief description of the project that summarizes what you will do,
how you will do it, and why you will do it. Consider the following in the answer to this question:
what pressing need will be addressed by the project or what promising opportunity will be
capitalized on? Who or what will benefit or be positively and negatively affected?
This project would create almost an acre of shallow water habitat (mud flats surrounded by
emergent marsh) ringed by over an acre of native upland vegetation. This project site was
purchased for the purpose of creating habitat for juvenile salmonids, and represents one of
the very few opportunities to create salmon habitat in the Duwamish subwatershed, where
property values are high, and large, underdeveloped parcels along the river are rare. This
project will add an acre of shallow water habitat along a stretch in the core transition zone
area that is currently devoid of off - channel, shallow water habitat for almost a mile.
Construction of this project will not only increase the chances for juvenile salmon to survive,
but will provide the neighboring communities with riverfront views, an area for families to
visit and relax, and access to the river for launching hand - carried boats (Figure 1).
Duwamish Gardens is located in the Duwamish Estuary Transition Zone, where fresh water
and saltwater mix. Research has shown that recovery of Chinook salmon in the
Green/Duwamish watershed is dependent on creating shallow water habitat in this zone, so
juvenile Chinook and other salmonids can feed and grow as they transition to saltwater.
These larger juvenile fish will be better able to avoid predation in Puget Sound and return to
spawn. The Duwamish subwatershed once had over 1,300 acres of wetlands; today, it has
only 3% of that area.
These funds will be used to pay for a portion of the $3.05 million estimated for project
construction. The funds will be combined with other revenue sources, and used for relocating
underground utilities, clearing and grading, excavating and properly disposing of shallow
contaminated soils, excavating up to 45,000 cubic yards of material to create shallow water
habitat, and hauling materials. Other funding sources include:
Member Jurisdiction & WRIA Forum Grant Application - March 14, 2013 - Page 1 of 6
27
• Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration grant
($1,104.843 grant proposed for 2013 round), and
• King County Cooperative Watershed Management grants ($500,000 approved in
2012 and an additional grant for approximately $800,000 proposed for 2013).
If the opportunity arises, funds may be used to exchange an upland portion of the site for
additional shoreline to the west of the project site, and increase the area of habitat creation.
Previous KCD grants have been used for acquisition negotiations in 2007 and towards
design and permitting of the restoration project in 2010.
2. Natural Resource Improvement Actions - describe how the project will address a
minimum of one of the natural resource improvement actions described on page 1 of the
application instructions. Consider the following in your answer to this question: What
natural resources will be improved? What are the known needs, gaps or deficits that will
be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife,
landowners?
This project will address the improvement action "Direct Improvement of Natural Resource
Conditions." Opportunities to create ideal salmonid habitat in the Duwamish subwatershed are
extremely limited because of the lack of underdeveloped shoreline in this industrial -zoned basin.
The 2.16 acre site will be changed from an abandoned lot with a steep bank and invasive
vegetation, to a shallow water habitat ringed by native riparian trees, shrubs and perennials, a
viewing area with interpretive signage, a foot trail, and access to launch hand - carried boats. The
shallow water habitat will help offset the loss of 97% of the wetland area that existed before the
lower Duwamish waterway was created. This habitat is of critical importance to migrating
juvenile salmonids, including Chinook, chum, steelhead, and others. This off - channel shallow
water habitat will be a refuge from the main channel, especially during storms and high tides,
offering small fish a place to rest and feed on the myriad of insects that will grow in the native
forest and marsh vegetation to be planted; research shows that terrestrial insects are extremely
important in the diet of juvenile Chinook. The banks at the site are currently dominated by
Himalayan blackberry. The banks will be lengthened by the excavation, and riparian plantings
will increase the plant diversity and volume by height alone, by adding native conifers and
deciduous trees. This will benefit other wildlife as well, in particular, invertebrates and birds.
Air quality may be improved with the additional plants, of benefit to the Duwamish and Puget
Sound. In design workshops, residents from nearby neighborhoods stressed that they desire more
access to the river for viewing, walking, picnicking, and launching boats, and this site will
provide them new opportunities.
3. Project Activities and Measurable Results - using the table below, list specific project
activities to be completed, the timetable for the activities, and the deliverables
associated with those activities. Consider the following in your answer to this question:
What actions, interventions, programs, services will be deployed?
Activity Description
Deliverables
Timeline
Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 9 of 6
28
1.
Clearing and Grubbing
Site cleared of vegetation and
any remaining debris
3/2014 -
5/2014
2.
Remove and dispose of
Contaminated soil removed or
4/2014 -
contaminated soils
moved to appropriate area on
site
6/2014
3.
Relocate or remove utilitiy in
Utilitties removed, moved, or
3/2014 -
conflict
abandoned
6/2014
4.
Excavate material
Removal of materials on site to
4/2014 -
allow for construction of the
habitat and park features
11/2014
5.
Acquisition: Swap upland
Northeast corner of property
1/2014-
portion of site for adjacent
shoreline, if the opportunity
arises
exchanged for shoreline to west
of site if neighboring property
owner is amenable
6/2014
4. Effectiveness (see page 2 of application instructions for definition) - describe how the
project will effectively implement the natural resource improvement measures identified
in question No. 2 above. Consider the following in your answer to this question: Why is
the primary applicant the best entity to deliver the proposed
program /service /intervention? What is the capacity of the primary applicant to deliver
the proposed program /service /intervention? What tools, services and partners will be
brought to bear?
The City of Tukwila owns the project site, and has the experience and ability to manage the
project and hire experienced contractors to complete the work. The project manager has
been very dedicated to implementing this project since 2007, and is working closely with
WRIA 9 staff to fully fund the construction of this project, which is a high priority in the
WRIA 9 Salmon Habitat Plan: Making our Watershed Fit for a King.
A design consultant has been working closely with the city, WRIA 9 staff, and the many
project stakeholders and permitting agencies to design the project to maximize the benefit to
the environment and neighborhood, while also respecting cultural resources. A citizen's
committee has been convened, and will continue to give input into the final design. The
project manager will be available to coordinate project construction.
5. Efficiency (see page 2 of application instructions for definition) - describe how the
project will efficiently implement the natural resource improvement measures identified
in question No. 2 above. Consider the following in your answer to this question: How will
the proposed program /service/ intervention engage in conjunction with related efforts?
How does your strategy best leverage resources?
Duwamish Gardens will turn a 2.16 acre site, which was historically filled, into a beautiful
riparian and shallow water habitat with viewing amenities for visitors. The location of
Duwamish Gardens at River Mile 7.0 in the Duwamish transition zone is of critical
importance to juvenile salmonids migrating to Puget Sound. This location provides off -
channel refuge for fish along a mile -long stretch of river that is lacking this type of habitat.
Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 3 of 6
29
The firm selected to construct this project will have a history of constructing habitat projects
on -time and within budget. This grant will be used to leverage funds from the Salmon
Recovery Funding Board and other sources. The city will contribute funds, and provide
project management support as in -kind match.
This grant will be used to leverage a proposed Salmon Recovery Funding Board (SRFB) and
Puget Sound Acquisition and Restoration (PSAR) grant and King County Cooperative
Watershed Management grant.
Equity (see page 2 of application instructions for definition) - describe how the project
will equitably implement the natural resource improvement measures identified in
question No. 2 above. Consider the following in your answer to this question: In what
part of the District will the proposed program /service /intervention occur? Who is the
target audience and what demographic section of the community will be affected?
This project is located in the City of Tukwila, in the Duwamish subwatershed of the
GreenlDuwamish and Central Puget Sound Watershed. The improvements to the property as
a result of this project, including the improved native vegetation, construction of off channel
habitat, walking path, access for launching hand - carried boats, interpretive sign and bench
will benefit people in adjacent neighborhoods (Duwamish, Georgetown, South Park, and
Allentown). These neighborhoods in the urban area are culturally diverse and lower income
than much of King County. Access to the river and natural green spaces for these
communities is a very important issue, as are improvements to aesthetics, which the native
landscaping and amenities at this site will provide (Figure 1).
6. Evaluation of Intended Results - describe the evaluation mechanisms you will use to
track, document, and report that the project has achieved the intended results described
in questions 1- 3.
This project will be evaluated against the project design and various grant requirements to
determine the actual number of acres of mud flat, marsh, and upland acres created and for the
total length of trails, number of parking spaces, completion of a hand boat launch, number of
benches, and interpretive elements provided.
Effectiveness monitoring of past habitat restoration projects has demonstrated that
construction of off channel, mud flat and intertidal marsh habitat is critical to the productivity
of Chinook and other salmonids. The monitoring information collected for this project will
be used to guide restoration design at other sites within the Duwamish.
Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 4 of 6
30
7. Project Budget & Expenses
Budget Item
KCD
Funds
King County Flood
Control District -
Cooperative
Watershed
Management
Grant (2012
awarded, and
proposed for 2013)
City of
Tukwila
SRFB and
PSAR
(proposed
for 2013)
Total
Salaries and Benefits
Travel /Meals /Mileage
Office /Field Supplies
Contracted/
Professional Services
$300,000
$1,315,000
$1,333,388
$2,948,388
Land Acquisition
Permits
In -kind - Project
Management, Cultural
Investigations & other
tasks
$100,000
Other (specify)
Other (specify)
TOTAL
$300,000
$1,315,000
$100,000
$1,333,388
$3,048,388
8. KCD Acknowledgement - Describe how the KCD will be acknowledged as a source of
funding for the proposed program /service /intervention (see Grant Program Overview &
Policies, General Grant Program Policies, #6).
KCD will be acknowledged as a source of funding on watershed tours, groundbreaking
celebrations, in brochures about the project, and on interpretive signs installed at the project
site. The City of Tukwila will work with the Conservation District on any press- releases.
Authorized Signature Date
Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 5 of 6
31
Figure 1) Duwamish Gardens - Perspective View. By J.A. BneDDBD, ASSOC.
Duwamish Gardens will create almost an acre of off-channel, shallow water habitat, a criticat
habitat type for juvenile salmonids in the Duwamish River. For neighboring communities,
the project would UffS[a trail, viewing area, benches, interpretive signage, and access for
launching hand-carried boats.
Member Jurisdiction & WRIA Forum Grant Application - January 23, 2012 - Page 6 of 6
32
Community Affairs & Parks Committee Minutes July 8, 2013 — Page 2
C. Agreement for King County Acquisition Services for Duwamish Gardens
Staff is seeking Council approval to authorize the Mayor to sign an agreement with King County for land
acquisition services regarding the Duwamish Gardens site. Duwamish Gardens was acquired in 2008 for
future restoration as a salmon habitat site with minor park elements, and is currently in the design phase
with construction anticipated in spring of 2014.
Amalfi Investments owns bordering property on the north and west sides, and has proposed a plan under
which the City would sell approximately 2,700 square feet of the existing site near East Marginal Way
South, and in return Amalfi would sell the City approximately 16,500 square feet of land that includes
river frontage. Preliminary contact with the Duwamish Gardens granting agencies indicates that approval
will be granted if certain criteria relating to value, habitat benefit, and acquisition and sale requirements
are met. King County provided the real estate acquisition services for the original purchase of the site and
is now willing to provide services for this additional property exchange for a total not to exceed $50,000.
Staff indicated that this land exchange is of benefit to both parties and recommends authorization of the
agreement. UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR DISCUSSION.
D. Grant Acceptance from the King Conservation District for Duwamish Gardens
Staff is seeking Council approval to accept a grant in the amount of $300,000 from the King Conservation
District (KCD) for the Duwamish Gardens Project. As mentioned during item C, the project is currently
in the design phase with construction anticipated to begin in spring of 2014. The total construction cost
estimate is $2,500,000. This KCD grant does not have matching fund requirements but does require that
the funds be used for construction as described in the application. UNANIMOUS APPROVAL.
FORWARD TO JULY 15 REGULAR CONSENT AGENDA.
E. Duwamish Neighborhood Trail Crossing
Staff provided committee members with an update on safety concerns and enforcement at two trail
crossings along the Green River Trail (one located at 40th Avenue South, east of Interurban Avenue
South, and the other located on South 116th Street east of East Marginal Way South.) Since hearing from
citizens with concerns about these intersections, work has been done to improve sight distance and sign
visibility at the 40`h Avenue South location. There are plans to add additional signs within the next 2 -3
weeks at both trail crossings that will prominently warn bicyclists of the mandatory stop sign ahead. Spot
enforcement by police officers at these intersections will also help with public awareness.
Committee Chair Ekberg suggested painted warnings on the trail roadway as an additional measure of
notice, and staff agreed to look into it. Committee members will be updated this fall regarding results of
the described safety improvements. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 6:29 p.m.
Next meeting: Monday, July 22, 2013 — 5:15 p.m. — Conference Room #3
Committee Chair Approval
Minutes by LH. Reviewed by BG.
33
34
COUNCIL AGENDA SYNOPSIS
Meetin Date
07/15/13
Mayor's review
Council review
ITEM INFORMATION
ITEM NO.
3.E.
35
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 07/15/13
AGENDA ITEM TITLE Inter
Master
local
Agreement for State Purchasing
Contract Usage Agreement with the State of Washington
CATEGORY j Discussion
Mtg Date
Motion
Date 07/15/13
E Resolution
Mtg Date
r Ordinance
Mtg Date
LI Bid A2vard
Mtg Date
Public Hearing
Mtg Date
E Other
Mtg Date
6,1
Mtg
SPONSOR T Council 11 Major El HR E DCD E Finance E Fire L IT E P&R fl Pollee Z P117
SPONSOR'S In the past, the City was able to access the State of Washington's cooperative purchasing
SUMMARY through the state contracts. The state has recently replaced General Administration with
the Department of Enterprise Services and has changed the cooperative purchasing
contract to a Master Contract Usage Agreement. There is now no cost to participate in the
purchasing cooperative. Council is being asked to approve the interlocal Master Contract
Usage Agreement with the State of Washington.
REVIEWED BY E COW Mtg. E CA&P Cmte E F&S Cmte Z Transportation Cmte
LI Utilities Cmte E Arts Comm. I1 Parks Comm. E Planning Comm.
DATE: 07/09/13 COMMITTEE CHAIR: KATE KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Majority Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/15/13
MTG. DATE
ATTACHMENTS
07/15/13
Informational Memorandum dated 7/05/13
Master Contract Usage Agreement
Purchasing from Washington State Contracts
Master Contracts Usage Agreement FAQ Sheet
Master Contracts Fee Change
Minutes from the Transportation Committee meeting of 07/09/13
35
36
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL ����������
nn�n v����n�n��n n��n�x~��~ u�n�~nmn��n=����n�����nmn
Mayor Haggerton
Transportation Committee
FROM: Bob Gibergon, Public Works Director
BY: Pat Brodin, Operations Manager
DATE: July 5, 2013
SUBJECT: Inter local Agreement for State Purchasing
WA State Master Contract Usage Agreement
ISSUE
Approve the Master Contract Usage Agreement (MCUA) with the State of Washington's
Department of Enterprise Services to continue using state contracts as a purchasing resource.
BACKGROUND
Through the state's bid list, the City was able to access cooperative purchasing through state
contracts. State government has undergone a reconfiguration resulting in an elimination of the
General Administration Department, which administered the Washington State Purchasing
Cooperative and state contracts. The Department of Enterprise Services was created to replace
General Administration. In addition, the entire state contract purchasing cooperative has been
revamped. At the end of June 2013, all membership in the state purchasing cooperative ended.
If the City would like to continue using state contracts, which provide numerous purchasing
efficiencies including the P-card system, the new Master Contract Usage Agreement will need
to be in effect.
FINANCIAL IMPACT
Under the old state contract system, the City paid an annual fee to participate in the purchasing
cooperative. With the new MCUA SVSt8Dl, there is no cost to the City of Tukwila to use state
contracts; with an annual savings of $2,000 to the 501 Equipment Rental Fund.
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign the Master Contract Usage
Agreement with the State of Washington Department of Enterprise Services and consider this
item on the Consent Agenda of the July 15, 2013 Regular meeting.
Attachments: Master Contrac Usage Agreement
Purchasing from Washington State Contracts
Master Contracts Usage Agreement FAQ sheet
Master Contracts Fee Change
W: \Shareo Copy o"ly\T=pu"m Memo mco» State Bid List o7-o 'naoc,
38
MASTER CONTRACT USAGE AGREEMENT
This Master Contract IJsage Agreement (the ^ ) is made pursuant to Chapter 39.34 of
the Revised Code of Washington, and other applicable laws, by and between the state of
Washington (the "State"), acting by and through the Department of Enterprise Services ("DES"),
an agency of the State, and CITY OF TUKWILA
Entity Name
a state agency, or local or federal agency or entity, or public benefit nonprofit corporation, or any
tribe located in the State ("Buyer").
1. Purpose: The purpose ofthe Agreement Agreement is to estabiish the terms and conditions for when
Buyer purchases or acquires goods and services for its direct use under contracts entered into
by DES that perrnit such use ("Master Contracts").
2. Duration: This Agreement will become effective on date of execution, and will continue in
full force and effect until thirty (30) days following receipt ofwritten notice from either party
canceiiing this Agreement.
3. Agreement Contact Information: Contact person to whorn contract documents and related
communications are to be mailed or faxed.
Organization Name:
CITY OF TUKWILA
Tax Identification Number:
91-6001519
Unified Business Identifier Required for Non-Profit:
Contact Name:
PAT BRODIN
Title:
OPERATIONS MANAGER
Address:
14000 INTERURBAN AVENUE SOUTH
City:
ruxVVIm
State:
WA
Zip:
98168
Phone Number:
(206) 433-1861
Email Address:
PAT onoo/mmTummLAWA oov
4. Cancellation of Agreement: This agreement can be terminated by either party upon 30 days
written notice provided to DES at:
Email to: mcua@des.wa.gov OR Mail to: WA Dept of Enterprise Services
MCUA, Attn: Kris Gorgas
P.O. Box 41409
Olympia, WA 98504-1409
5. Financial Responsibility: Buyer wiil deal directly with the Master Contract contractor,
supplier, or service supplier ("Contractor") for any purchases Buyer makes pursuant to this
Agreement and under a Master Contract DES does not accept any responsibili financial
or otherwise, for any purchase Buyer makes under a Master Contract.
VegbOakdaiv AWL'
6. Compliance with Other Laws: Each o[the parties niUconlyvvhballapp|icub\ohx\cra,
state, and local law and regulations governing its own purchases.
7. Master Contract Audits: Buyer agrees to cooperate with DES, the Office ofthe State
Auditor, federal officials, or any third party authorized by law, rule, regulation or contract, in
any audit conducted by such party related to any Master Contract(s) that Buyer has made
purchases from pursuant to this Agreement, including providing records related to any
purchase from a Master Contract. In addition, Buyer agrees to provide, upon request from
DES, documentation to confirm its eligibility to use Master Contracts.
8. Dispute Resolution: If there are any disputes between Buyer and a Contractor, Buyer agrees
to (a) provide DES written notice ofthe nature ofthe dispute; and (b) unless otherwise
provided in the Master Contract or as set forth below, work in good faith with the Contractor
to resolve the dispute without the involvement ofDES. DES may, upon request, review and
assist in the resolution of a dispute, and if DES chooses to do so, the Buyer will cooperate
with DES in that resolution process.
In its sole discretion, DES may, but is not obligated to, upon written notice to Buyer, resolve
disputes with a Contractor on behalfofBuyer and all other state, local, and federal agencies,
local governments, and public benefit nonprofit corporations with similar or related disputes
with such Contractor.
9. No Separate Entity: No separate lega or administrative entity is intended to be created by or
for the administration of, this Agreement.
10. Hold Harmless: Each party agrees to defend, i and hold the other party harmless
from any claim arising from such party's sole negligent, reckless, or willful misconduct.
11. Entire Agreement: This Agreernent sets forth the entire agreement between the parties, and
supersedes any other prior written agreements between the parties, with respect to the subject
matter hereof.
IN WTTNESS WHEREOF the parties having read this Agreement, agree to it in each and every
particular, and have executed it below.
APPROVED APPROVED
WASHINGTON STATE
DEPARTMENT OF ENTERPRISE SERVICES
Entity Name
CITY OF TUKWILA
Entity Name
Signature Signature
Roselyn Marcus, Assistant Director
Name/Title
JIM HAGGERTON, MAYOR
Name/Title
Date Date
40
Washington State Departrrtent of
Enterprise Services
Purchasing from Washington State Contracts
All membership to the Washington State Purchasing Cooperative (Co -op) will end as of June 30, 2013. This program will cease
to function as of July 1, 2013 and be replaced by the Master Contracts Usage Agreement (MCUA). Customers who wish to
make purchases off of Washington State Contracts need to have signed the following agreements:
• For purchases made before July 1, 2013, an Inter -local agreement or amendment for membership in the
Washington State Purchasing Co- operative (Co -op).
• For purchases made after July 1, 2013, a Master Contracts Usage Agreement (MCUA).
Before July 1, 2013 After July 1, 2013
Purchasing Cooperative Members (Co -op) Master Contract Customers
Inter -local agreement or amendment for membership in the Master Contracts Usage Agreement (MCUA)
Washington State Purchasing Co- operative (Co -op)
To use state contracts entities become Co -op members. To use state contracts entities sign a Master Contracts Usage
Agreement
Members include:
• State Agencies
• State Boards
• State Commissions
• Higher Education Institutions
• Offices of Separate Elected Officials
Entities that can join by agreement:
• Local Government Agencies
• Federal Agencies
• Washington State Tribal Entities
• Public Benefit Nonprofit Corporations
Entities that can join by agreement:
• State Agencies
• State Boards
• State Commissions
• Higher Education Institutions
• Offices of Separate Elected Officials
• Local Government Agencies
• Federal Agencies
• Washington State Tribal Entities
• Public Benefit Nonprofit Corporations
Membership fees apply No membership fee
Typically an Inter -local or interagency agreement or
amendment required
Membership agreements periodically renewed or amended No termination date of agreement
A Master Contracts Usage Agreement required
More information
• Information about the fee program
• Print a Master Contract Usage Agreement
• Information about eligibility to use State Master Contracts
• View a current list of Master Contract Customers
• Find a searchable list of Master Contracts
• View the Guidelines for Placing Orders from State Master Contracts
• Find a list of Department of Enterprise Services contracts staff
If you have questions, please contact us at (360) 407 -2214 or MCUA @des.wa.gov.
41
/15 VV4sh 1g torl Dtpal,ti 'It Of
Enterprise Services
Master Contracts Usage Agreement
What 15 the MCUA?
The Master Contracts Usage Agreemen (MCw) ma one-time agreement necessary to rneet statutory reqLiirernents
aliowing qualifying organizations to use Washington State master contracts Cooperative purchaSing through state
contracts provides organizations thal have agreed to terms and conditions the opporturiity to save mil!ions of doflars
annually by pooling resources ID Ieverage the rnarket through volume discounts. Authorized organizations are provided
access to more than 700 contracts for goods and services to meet all the business needs of their organization at no cost.
Legislation
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• vmCzn0-3m-0m
• now39.zo.osu
• RCW43.19
How much does it cost?
There is no cost for the Master Contracts Usage Agreernent
Who can sign a MCUA?
• State Agencie
• State Boards
• State Commissions
• Higher Education Institutions
• Offices of Separate Elected Officials
• Local Government Agencies
• Federal Agencies
• \Jashington State Tribal Entities
• Public Benefit Non-profit (pBmp)
Oiganzation wtb 501)C)3 tax status that have Bed Powp status with the Secretary m State. For filing information, onto
,mvv=ww.sns°m.yvwm,ps/.
More information about purchasing agreements wim Public Benefit won-nmm ROW ns3w.u55.
More information about Public Benefit Non-profit designation: RCW 24.03.490.
How do [}o|n7
First, check the signed agreement list.
If YOLJ are not on this lisI.
• Download and print the Master Contracts Usage Agreement (MCUA)
• Fill out and sign MCUA
Scan and email signed copy of MCUA to MCUAgdes.wa.gov
Or
Mail signed copy to.
DES
MCuxaon: Kris Gomw
po Box ^woo
Olympia. mmn8m04-/4uy
A fully executed copy will be scanned and returned to you via email,
n you have questions. please cal! the Master Agreement Service Desk 3604072214 or emal MouA�ueam.gov.
What can I buy?
You can purch ueawmevamatymomdsaouee*imm. Contracts are searchable The following are a few examples 01 the
most-used contracts:
42
Contact Information
MCUA
po Box w*uy
Olympia, mw985n4-won
(360) 407-2214
• Vehicles (heav dLlty arid passenger)
• Copiers
• Office equipment and suppUes
• Purchasing card
• Infant formula
• Radio equipment
• Fuel
• Pharmaceuticals
• Furniture
• Food
• Emission inspection sery e
` Industrial supplies
• Travel service
• Landscaping equ/pmeot
• Faint (various kinds)
• Electronic monitoring services
• Electrical supplies
• Janitorial services
How do make a purchase with a state contract?
First, check the signed agreernent list, Once you have a current signed MCUA:
• Use our contract search 10 Fnd a contract or leam aboLit special purchasing prograrns
• Identify a vendor on the contract you wish to use
• Contact the vendor citing the contract number you wish to use. contract name and provide your customer number.
What if I have additional questions?
• Call (360)^or-2zwo, email Mcuxgdes.wa.onv
• Please reference the Master Contracts Usage Agreement when asking your question.
Services
The following services are available as pad of the MCUA
• Training and events
• WEBS
Access to Master contracts
• Access to the VVestern States Contracting AIIince (V'JSCA)
• Join Purchasing mai!ing Iist to receive email broadcast buUetins
• Purchase Authority
• 1 Brokering and Procurement Consultation
•
11 Master Contracts
` Tier xContract Fee for Janitorial Services
• Contract Oversight
• Portion of the Personnel Services Charge
• OMWBE
*Some contracts may not be available for use by all MCUA. See review individual contract summary for
who Is eHgible to use the contract,
44
Washington State Department of
Enterprise Services
Master Contracts ����� Change
,��������~�� � "~�� "�mmange
The consolidation of dozens of activities from five agencies into the Department of Enterprise
Services (DES) provided an opportunity to streamline the rate structure for our services. In the
summer of 2012, the Department conducted a review to confirm the kind of rate structure it
should use to cover the costs of the services we provide.
The review began with setting principles that guided DES in establishing rates, researching how
other service organizations structure their rates, and developing alternatives.
The rate principles set by DES are:
• The rate is clear, easy to understand and easy to exptain
• Customers feel confident about the accuracy of the charges
• Customers feel the rate structure will ensure they are paying a fair and equitable share
of the total cost
• Charges are predictable, consistent and timely
• Rates should not create disincentives or barriers for the robust use of enterprise systems
or services or enterprise policy when they would be in the state's best interest
The curren master contracting fee structure 5 very complicated, with some vendor fees that are
set dollar amounts, and others are based on varying percentages of sales. Some fees are by
agency allocation and some are agency transaction fees. Yet other fees charge local
governments based on the amount of their annual budgets. To simplify this, DES is adopting a
single vendor management fee model for all contracting activity. There are no variable
percentages and tiers; it is fair and equitable for all contract users.
State contract vendors will pay the state .74% of the total spent on contracts. Vendor
management fees are a common practice in the public and private sector (19 other states
currently have vendor management fees). The new fee model will take effect July 1, 2013.
By moving from the current complicated and confusing model to a single management fee for
contract use, DES is meeting the rate principles and agency mission to deliver innovative
business solutions to meet the needs of those we serve. By removing barriers to contract use
like the current complicated rateo, more state agencies and local governments will utilize master
oontracte, increasing the potential sales p001 for contract holders.
DES is making the process of reporting sales consistent with the process most contract holders
are currently familiar with, while making improvements to the system. Tr@iniDgwiUb8prOvdad
to those not familiar with the online sales reporting system.
For more information contact:
Sen/ondoPatonC]8O>4O7-83SO
Business Summary — March 2013
46
TRANSPORTATION COMMITTEE - Meeting Minutes
July 9, 2013 — 5:15 p.m. — Conference Room #1
City of Tukwila
Transportation Committee
PRESENT
Councilmembers: Kate Kruller; Chair, Dennis Robertson (Absent: Joe Duffle)
Staff: Bob Giberson, Frank Iriarte, Cyndy Knighton, Gail Labanara, Lynn Miranda, Robin Tischmak,
Pat Brodin, Laurel Humphrey
CALL TO ORDER: The meeting was called to order at 5:15 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Tukwila Urban Center — Transit Center
Staff is seeking Council approval of an agreement between King County, Tukwila, Burien, SeaTac,
and Renton for the design, construction, ownership, and maintenance of the F Line RapidRide
Fiber Optic Project. As part of the new infrastructure required by the F Line, fiber optic cables are
being installed along the entire route. Additional strands beyond those required for F Line
communication needs are being allocated to the five jurisdictions and others for uses to be
determined by the cities. This agreement defines how the agencies will work together in
implementation of this project, detailing ownership, and maintenance responsibilities. Staff
confirmed for Committee members that future maintenance will likely be very minimal and much
can be performed by the City. MAJORITY APPROVAL. FORWARD TO JULY 22, 2013
C.O.W.
B. Contract Supplement — Services related to the Supplemental Environmental. Impact Statement (SE1S),
for Tukwila's Urban Center Plan
Staff is seeking Council approval of a contract supplement with Fehr & Peers in the amount of
$5,500 in order to complete an air quality impact analysis for the Southcenter Subarea Plan, as part
of the Supplemental Environmental Impact Statement (SEIS). This additional funding is required
because the original scope of the contract assumed that the consultant team would be able to
leverage prior work to assess air quality impact, but the consultant found nothing comparable that
would be useful. The SEIS, including this contract supplement, is fully funded by the federal
Tukwila Urban Center /Transit Oriented Development grant. MAJORITY APPROVAL.
FORWARD TO JULY 15, 2013 REGULAR CONSENT AGENDA.
C. Interlocal Agreement — State Purchasing
Staff is seeking Council approval of the Master Contract Usage Agreement (MCUA) with the State
of Washington's Department of Enterprise Services to continue using state contracts as a
purchasing resource. The State's General Administration Department, who previously administered
the Washington State Purchasing Cooperative, has been replaced by the Department of Enterprise
Services. Existing membership in the purchasing cooperative ended in June 2013, and in order to
continue using state contracts, the City must sign a new agreement with the Department of
Enterprise Services. MAJORITY APPROVAL. FORWARD TO JULY 15, 2013 REGULAR
CONSENT AGENDA.
H: \Committee Minutes \Transportation \Trans 070913.docx
47
48
COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared by
07/15/13
BG
Mayor's review
Council review
ITEM INFORMATION
ITEM No.
3.F.
49
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 07/15/13
AGENDA ITEM TITLE Resolution Declaring Video Inspection Truck as Surplus and
Authorize the Sale to the City of Normandy Park
CATEGORY Discussion
Mtg Date
E Motion
Mtg Date
E Resolution
Mtg Date 07/15/13
F---- Ordinance
Mtg Date
Bid Award
Mtg Date
fl Public Hearing
Mtg Date
III Other
Mtg Date
SPONSOR E Council El Mayor E HR E DCD E Finance Fire El IT E P&R E Police PTV
SPONSOR'S In the 2013 budget for fleet purchases, the City has procured a new video inspection truck
SUMMARY for the Sewer and Surface Water Utilities. Based on fleet policy, the old 1993 unit will be
disposed of by declaring it surplus and sold. As the 1993 unit is still serviceable, the City of
Normandy Park has formally requested to purchase the used equipment at the fair market
value of $8,000. Council is being asked to approve the Resolution declaring the 1993 video
inspection truck as surplus and authorize the sale to the City of Normandy Park.
REVIEWED BY E COW Mtg. El CA&P Cmte F&S Cmte
0 Utilities Cmte LI Arts Comm. E Parks Comm.
DATE: 07/09/13 COMMITTEE CHAIR: KATE
E Transportation Cmte
E Planning Comm
KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Majority Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 501 EQUIPMENT RENTAL/FLEET
Comments.. Approximate value of Video Inspection Truck is $8,000.00
MTG. DATE
RECORD OF COUNCIL ACTION
07/15/13
MTG. DATE
ATTACHMENTS
07/15/13
Informational Memorandum dated 07/05/13
Draft Resolution
Photo of 1993 Video Inspection Truck
RCW 39.33.010
Email from Normandy Park's Public Works Department
Minutes from the Transportation Committee meeting of 07/09/13
49
50
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Directo
BY: Pat Brodin, Operations Manager
DATE: July 5, 2013
SUBJECT: Resolution to Surplus & Sell the Sewer Video Inspection Truck
ISSUE
Approve Resolution authorizing the sale of surplus equipment no longer needed by the City.
BACKGROUND
In accordance with our 2013 Fleet purchases, Public Works has procured a new Video
Inspection Truck for the Sewer and Surface Water Utilities. The old truck, Unit 1254, was
purchased in 1993 and remains in serviceable condition. The fair market value of this unit is
appraised at $8,000.
The City of Normandy Park has expressed an interest in the unit and has formally requested to
purchase Tukwila's used video inspection truck for the full amount of the fair market value of
$8,000. Any sale, exchange, transfer, or lease between municipalities is specifically authorized
under RCW 39.33.010. A resolution has been created in draft form authorizing the surplus and
sale to Normandy Park.
RECOMMENDATION
The Council is being asked to approve the Resolution declaring the Video Inspection Truck Unit
1254 as surplus and authorize sale of the unit to the City of Normandy Park and consider this
item on the Consent Agenda at the July 15, 2013 Regular Meeting.
Attachments: Draft Resolution
Photo of Video Inspection Truck
RCW 39.33.010
Email from Normandy Park's Public Works Department
W: \Shared Copy Only\ Pat\ Info Memo 2013 Surplus Video Truck & Sale to Normandy Park.docx
51
52
Citv of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, DECLARING A 1993 FORD
GRUMMAN VIDEO INSPECTION TRUCK SURPLUS, AND
AUTHORIZING ITS SALE TO THE CITY OF NORMANDY PARK.
WHEREAS, the City of Tukwila recently purchased a new video inspection truck to
replace its. 1993 Ford Grumman video inspection truck; and
WHEREAS, the 1993 video inspection truck has a fair market value of $8,000, and
is no longer needed by Tukwila's Public Works Department, Sewer and Surface Water
Divisions; and
WHEREAS, under statutory authorization provided in RCW 39.33.010, the City of
Tukwila may sell the vehicle to the City of Normandy Park on such terms and conditions
that may be mutually agreed upon; and
WHEREAS, the City Council of the City of Normandy Park has authorized its staff
to purchase Tukwila's 1993 video inspection truck; and
WHEREAS, the City of Normandy Park's administration has sent an intent to
purchase said equipment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Declaration of Surplus. The Public Works Department's 1993 Ford
Grumman video inspection truck, Unit 1254, Vehicle Identification Number
3FCLF59M1PJA03674, Washington exempt license plate 15991D, is hereby declared
surplus.
Section 2. Mayor Authorized to Sell Equipment. The Mayor is hereby
authorized to sell to the City of Normandy Park the video inspection truck referenced in
Section 1 for the mutually agreed upon full value of $8,000.00.
W:\Word Processing\Resolutions\Surplus video inspection truck 6-24-13
PB:bjs
Page 1 of 2
53
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2013.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
W:\Word Processing\Resolutions\SurPlus video inspection truck 6-24-13
PB:bjs
54
Page 2 of 2
55
56
16861111fillifir
������
Inside the Legislature
* Find Your Legislator
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ikmocracy
RCVys'Title 38^Ch 3e on 39.33.010
Beginning of Chapter « 39.33.010 >> 39.33.020
panohI Help
RCW 39.33.010
Sale, exchange, transfer, lease of public property
authorized — Section deemed alternative.
(1) The state or any munici lity or an itioe division thereof, m U transfer,
exchange, lease or otherwise dispose of any property, rea or personal, or property rights,
including but not limited to the title to real property, to the state or any municipality or any
political subdivision thereof, or the federal government, or a federally recognized Indian tribe,
on such terms and conditions as may be mutually agreed upon by the proper authorities of
the state and/or the subdivisions concerned. In addition, the state, or any municipality or any
political subdivision thereof, may sell, transfer, exchange, lease, or otherwise dispose of
personal property, except weapons, to a foreign entity.
(2) This section shall be deemed to provide an alternative method for the doing of the
things authorized her in, and shall not be construed as imposing a dditional condition
upon the exercise of any other powers vested in the state, municipalities or political
subdivisions.
(3) No intergover mental transfer, lease, or other disposition of property made pursuant to
any other mvsi of law prior to May 23, 1972, shall be construed to be invalid solely
because the parties thereto did not comply with the procedures of this section.
[2011c259 §1;2003o303§1;1981n06§1;1973c109 §1;1972nx.a.c05§1;1953o
Notes:
Effective date -- 2003 c 303: "This act is necess ry for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately [May
14.2003]."[2003c303§2.]
Exchange of county tax title lands with other governmental agencies Chapter
36.35 RCW.
57
7/2/2013
58
Gail Labanara
From: Pat Brodin
Sent: Tuesday, July 02, 2013 9:11 AM
To: Gail Labanara
Subject: FW: Camera Truck purchase
From: Jeremy McGinnis .[ma! Ito: JeremyM @CI:.NORMANDY- PARK,WA :US]
Sent: Thursday, June 20, 2013 9:06 AM
To: Pat Brodin
Cc: Cherie Gibson
Subject: Camera Truck purchase
Pat, This message is to show our intent to purchase the used camera truck that you are surplusing. On June 11th, 2013
our council approved the purchase of the truck for the agreed upon fair market value of $8,000. If there is any other
information you need from me please let me know.
Thanks!
Jeremy McGinnis
City of Normandy Park
Public Works Dept.
This communication may be subject to public disclosure laws of the State of Washington (RCW.42.56).
59
60
Transportation Committee Minutes Julv&20/3— Pape 2
D. Resolution — Surplus and Sell the Sewer Video Inspection Truck
Staff is seeking Council approval of a resolution authorizing the sale of a 1993 Ford Grumman
Video Inspection Truck to the City of Normandy Park. The City has replaced this truck in
accordance with the 2013 Fleet purchase plan, and while it is no longer needed it remains in good
condition. Y400nuodyPark v/i|l pay the full fair market value of $8,000 if this sale is approved by
�� the Council. MAJORITY APPROVAL, FORWARD TO JULY 15, 2013 REGULAR
CONSENT AGENDA,
P. Rcuolutkou — Surn|unChvEquipment for 2013 Round 2
Staff is seeking Council approval of a resolution authorizing the sale of four surplus vehicles from
the City's fleet. These vehicles are fully depreciated and staff is recommending selling them at
auction in "as is" condition. The four vehicles are valued at $9,800 combined and are described as
follows:
• 1998 Ford C
• 1994 Chevy S-10 Pickup
• l990 Chevy Pickup
• 2002 Johnston 4000 Sweeper
MAJORITY FORWARD TO JULY 15, 2013 REGULAR CONSENT
AGENDA.
III.8CATBd
Highlights from the June 18 meeting were discussed, including:
• Federal Way presentation on Tran Safety
• SCA com ive approach to regiona bridge tolling
• SCA le islative update (transportation package, public trust fund, budget cuts)
• |o{cr|ocul agreement for South Sound Transportation Board
There was discussion about Federa Way's success with traffic calming measures including speed bumps and
traffic circles, resulti in collision reduction rat s from 75-82%. Staff ia aware ofpublic interest in some of
these mitigations and indicated that the addition of 1 FTE staff(Traffic Engineer) would be required.
Committee recognized that the Strategic Plan is the City's priority at this time. INFORMATION ONLY.
IV. MISCELLANEOUS
As information only, Committee members and staff reviewed the status of the five Transportation
Committee Goals for 2013.
|. Create a Public Safety-oriented Sidewalk Policy
• Councilmember Robertson expressed a safety concern with public sidewalks not being
continued onto private property, giving examples on Strander near Target and on Minkler
near Panera Bread. Staff responded this is a private property issue with developers/owners
who are sometimes reluctant to expend funds.
°
Committee Chair Kruller inquired about sidewalk ramp ADA compliance program status.
Staff indicated that Tukwila is making progress and while currently ahead of agencies, is
not near its goal. This is in the CIP but not welI-funded at this time.
*:1C"=mitm°Mi vmyo*"cx
62
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
07/15/13
Mayor's revie
Counci review
ITEM INFORMATION
ITEM NO.
3.G.
63
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DAIE: 07/15/13
AGENDA IIEM TITLE Resolution Declaring 4 Vehicles as Surplus - Round 2 for 2013
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
L Resolution
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date 07/15/13
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police a PW/
SPONSOR'S For the second round in 2013, the Fleet Department has identified 4 vehicles that have
SUMMARY outlived their service life and are no longer needed by the City. All of the equipment is fully
depreciated and is currently valued at $9,800.00. These items are still operational, however
in some cases, require extensive repairs and will be sold "as is" at auction. Council is being
asked to approve the Resolution declaring the 4 vehicles as surplus and authorize their
sale.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm.
DAIE: 07/09/13 COMMITTEE CHAIR:
►/ Transportation
Cmte
❑ Planning Comm.
KATE KRULLER
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Public Works Department
Majority Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 501 EQUIPMENT RENTAL /FLEET
Comments: Approximate value of 4 pieces of equipment is $9,800.00
MTG. DATE
RECORD OF COUNCIL ACTION
07/15/13
MTG. DATE
ATTACHMENTS
07/15/13
Informational Memorandum dated 07/05/13
Draft Resolution
Exhibit A - Surplus Equipment Spreadsheet with photos
Minutes from the Transportation Committee meeting of 07/09/13
63
64
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
BY: Pat Brodin, Operations Manager
DATE: July 5, 2013
SUBJECT: Resolution to Surplus City Equipment for 2013
Round 2
ISSUE
Approve Resolution authorizing the sale of surplus equipment no longer needed by the City.
BACKGROUND
The Fleet Department has identified 4 vehicles which have outlived their service life and are no
longer needed by the City. These items are still operational however, in some cases, require
extensive repairs and are no longer used or too costly to overhaul. All vehicles are fully
depreciated and currently valued at $9,800.00. Selling these pieces of equipment at auction in
an "as is" condition is now the most practical solution for disposal.
RECOMMENDATION
The Council is being asked to approve the Resolution declaring the 4 pieces of equipment as
surplus, authorize their sale, and consider this item on the Consent Agenda of the July 15, 2013
Regular Council Meeting.
Attachments: Draft Resolution
Exhibit A Surplus Equipment Spreadsheet & Photos
Auction Update: Council approval was given on April 15, 2013 by Resolution No. 1794 to
surplus 35 pieces of equipment. Some of the golf course equipment is still pending, but
proceeds received from the James G. Murphy and Bidadoo auctions total $66,094.19, which
exceeded the $50,000 originally estimated for revenue.
W: \Shared Copy Only \Jeff\Info Memo 2013 Round 2 Surplus Vehicles.docx
65
66
Citv of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DECLARING CERTAIN FLEET VEHICLES AS
SURPLUS, AND AUTHORIZING THEIR SALE OR DISPOSAL.
WHEREAS, the City of Tukwila purchased the four vehicles described and illustrated on
Exhibit A, which were utilized by the Public Works and Parks & Recreation Departments; and
WHEREAS, the vehicles described on Exhibit A have a total combined value of $9,800;
and
WHEREAS, the vehicles described on Exhibit A have outlived their usefulness and are no
longer needed by the City of Tukwila's Fleet (Equipment Rental) Department or any other City
department;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Declaration of Surplus. The four vehicles described on the attached Exhibit
A are hereby declared surplus.
Section 2. Fleet Department Authorized to Sell. The Fleet Department, as part of the
City's replacement program, is hereby authorized to sell the four vehicles described on Exhibit
A for the best available price, or properly dispose of those items it is unable to sell.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2013.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
Attachment: Exhibit A, Inventory and photographs of four surplus vehicles
W:\Word Processing\Resolutions\Four fleet vehicles declared surplus 7-2-13
JM:bjs
Page 1 of 1
67
68
Fleet Equipment Inven
d
73
Serial Number / Vehicle
Identification Number
0
0
0
0
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0
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6
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1 FBSS31 L4WHB36918
1 GCCS19Z6R8190416
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69
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0
Master copy on Admin computer
Exhibit A — Photos of 2013 Surplus Equipment Round 2
Unit 1210, 1998 Ford 15 passenger Clubwagon Unit 1255, 1994 Chevrolet S -10 Pick -up
65,991 miles, Value $2,000.00
Unit 1287, 1990 Chevrolet extended cab % ton
Pick -up, Transmission has no reverse.
96,193 miles, Value $600.00
W: \Shared Copy Onl}AJeff\2013 Surplus Photos Round 2.docxl
70
121,065 miles, Value $1,200.00
ert ,„��dp�iyr��aa��
Unit 1464, 2002 Johnston Mechanical Sweeper
4000
3,909 hours, Value $6,000.00
Transportation Committee Minutes July 9, 2013 — Pape 2
D. Resolution — Surplus and Sell the Sewer Video Inspection Truck
Staff is seeking Council approval of a resolution authorizing the sale of a 1993 Ford Grumman
Video Inspection Truck to the City of Normandy Park. The City has replaced this truck in
accordance with the 2013 Fleet purchase plan, and while it is no longer needed it remains in good
condition. Normandy Park will pay the full fair market value of $8,000 if this sale is approved by
the Council. MAJORITY APPROVAL. FORWARD TO JULY 15, 2013 REGULAR
CONSENT AGENDA.
E. Resolution — Surplus City Equipment for 2013 Round 2
Staff is seeking Council approval of a resolution authorizing the sale of four surplus vehicles from
the City's fleet. These vehicles are fully depreciated and staff is recommending selling them at
auction in "as is" condition. The four vehicles are valued at $9,800 combined and are described as
follows:
• 1998 Ford Clubwagon
• 1994 Chevy S -10 Pickup
• 1990 Chevy Pickup
• 2002 Johnston 4000 Sweeper
MAJORITY APPROVAL. FORWARD TO JULY 15, 2013 REGULAR CONSENT
AGENDA.
III. SCATBd
Highlights from the June 18 meeting were discussed, including:
• Federal Way presentation on Transportation Safety
• SCA comprehensive approach to regional bridge tolling
• SCA legislative update (transportation package, public trust fund, budget cuts)
• Interlocal agreement for South Sound Transportation Board
There was discussion about Federal Way's success with traffic calming measures including speed bumps and
traffic circles, resulting in collision reduction rates from 75 -82 %. Staff is aware of public interest in some of
these mitigations and indicated that the addition of 1 FTE staff (Traffic Engineer) would be required.
Committee recognized that the Strategic Plan is the City's priority at this time. INFORMATION ONLY.
IV. MISCELLANEOUS
As information only, Committee members and staff reviewed the status of the five Transportation
Committee Goals for 2013.
1. Create a Public Safety- oriented Sidewalk Policy
• Councilmember Robertson expressed a safety concern with public sidewalks not being
continued onto private property, giving examples on Strander near Target and on Minkler
near Panera Bread. Staff responded this is a private property issue with developers /owners
who are sometimes reluctant to expend funds.
• Committee Chair Kruller inquired about sidewalk ramp ADA compliance program status.
Staff indicated that Tukwila is making progress and while currently ahead of agencies, is
not near its goal. This is in the CIP but not well - funded at this time.
H: \Committee Minutes \Transportation \Trans 070913.docx
71
72
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
07/15/13
Mayor's review
Council review
1111
ITEM INFORMATION
ITEM No.
3.H.
73
STAFF SPONSOR: JACK PACE
ORIGINAL AGENDA DATE: 7/15/13
AGENDA ITEM TITLE Contract
Statement
Supplement for Services related to the Supplemental Environmental Impact
(SEIS) for Tukwila's Urban Center Plan
CATEGORY ❑ Discussion
Mtg Date
Motion
Date 7/15/13
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
►1
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR /1 DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ Ply
SPONSOR'S This contract and supplement is for completing the SEIS on the Southcenter Plan. As part
SUMMARY of the scope of services, the consultant originally assumed leveraging prior work in the
area to qualitatively describe the air quality impacts, but now must perform a more
detailed quantitative analysis, due to a lack of comparable analyses. Council is being asked
to approve the contract with Fehr &Peers for $45,219.62. This amount is fully funded by
the federal Tukwila Urban Center /TOD grant.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm.
DA1E: 7/9/13 COMM i 1EE CHAIR:
/1 Transportation
Cmte
❑ Planning Comm.
KRULLER
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Department of Community Development
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$45,219.62 $45,219.62 $0,00
Fund Source: FEDERAL GRANT: TUKWILA URBAN CENTER /TRANSIT ORIENTED DEVELOPMENT
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/15/13
MTG. DATE
ATTACHMENTS
7/15/13
Informational Memorandum dated 6/26/13
Supplemental Agreement with a New Maximum Amount Payable of $45,219.62
Local Agency Standard Consultant Agreement with Fehr & Peers for $39,719.62
Minutes from the Transportation Committee meeting of 7/9/13
73
74
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Jack Pace, Community Development Director,
BY: Lynn Miranda, Senior Planner (MM
DATE: June 26, 2013
SUBJECT: Contract Supplement for Services related to the Supplemental
Environmental Impact Statement (SEIS) for Tukwila's Urban Center Plan
ISSUE
Approve a contract and supplement for services related to the Draft Supplemental
Environmental Impact Statement (SEIS), including completing an air quality impact analysis, for
the Southcenter Subarea Plan. Preparation of the SEIS is fully funded by the federal Tukwila
Urban Center/TOD grant.
BACKGROUND
The Planning Commission completed their initial review of the draft Southcenter Plan, revised
TMC Chapter 18.28 TUC, and Southcenter Design Manual in October, 2012. A non - project
SEIS is being prepared to evaluate and compare potential impacts from a "No Action
Alternative" and the "Proposed Action" (the draft Southcenter Plan) on land use, aesthetics,
transportation, and air quality, and how those impacts might be mitigated. Environmental review
must be completed prior to the City Council considering adoption of the draft Southcenter Plan
and implementing regulations.
The majority of the draft environmental impact analysis is completed. The remaining work
consists of the air quality portion of the transportation impact analysis. In the original scope of
work the consultant team assumed that they would be able to leverage prior work in the area to
qualitatively describe the potential air quality impacts from the auto trips associated with the new
development anticipated under the Proposed Action (draft Southcenter Plan) scenario.
However, after an extensive search of records in Seattle, East King County, and South King
County by the consultant, no intersection transportation air quality analysis was found with
comparable 2031 traffic volumes and delay, and using the required modeling software.
DISCUSSION
Additional funding is required to perform a detailed SEPA -level quantitative carbon monoxide
dispersion model analysis for the Proposed Action scenario. The results of the air quality
analysis will be documented in a memorandum with background text describing the relevant
policies and practices that are relevant to SEPA air quality analysis.
The original contract for services to develop the transportation chapter for the SEIS was for
$39,719.62. A contract supplement for $5,500 is needed to complete the air quality
impact/conformity review, bringing the new total amount authorized to $45,219.62. City Council
approval of the contract supplement is required.
FINANCIAL IMPACT
The $45,219.62 contract supplement is fully funded by the federal Tukwila Urban Center/Transit
Oriented Development grant. No additional City funding is needed.
75
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Transportation Committee is being asked to approve the contract supplement for a new
total amount authorized of $45,219.62, and to forward the contract supplement to the City
Council's July 15, 2013 Regular Meeting Consent Agenda for approval.
ATTACHMENTS
Supplemental Agreement with a New Maximum Amount Payable of $45,219.62
Local Agency Standard Consultant Agreement with Fehr & Peers for $39,719.62
W:\ Users \LYNNM \GrantAdmin \Fehr &Peers \CCmemo AQ 2.doc
76
Washington State
V/ Department of Transportation
Supplemental Agreement
p M g
Number
Organization and Address
Fehr &Peers
1004 4th Ave
Suite 4120
Seattle, WA 98154
Phone: 206.576.4220
Original Agreement Number
LA -5377 (13 -052)
Project Number
TCSP (010)
Execution Date
3/4/2013
Completion Date
12/30/2013
Project Title
Tukwila Urban Center Plan SEIS
New Maximum Amount Payable
$ 45,219.62
Description of Work
Prepare the revised transportation chapter of the Supplemental Environmental Impact Statement (SEIS) on
Tukwila's Urban Center (TUC) Plan
The Local Agency of City of Tukwila, Washington
desires to supplement the agreement entered into with Fehr & Peers
and executed on 3/4/2013 and identified as Agreement No. LA -5377 (13 -052)
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:
Section 1, SCOPE OF WORK, is hereby changed to read:
Replace existing Task 6 with the new Task 6 on attached sheet
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: NA
111
Section V, PAYMENT, shall be amended as follows:
Total amount anthori7ed %45,219 67
Maximum amount payTS45,719 67
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
By: Fehr & Peers By: City of Tukwila, Washington
DOT Form 140 -063 EF
Revised 9/2005
Consultant Signature Approving Authority Signature
Date
77
City of Tukwila Supplemental Agreement with Fehr & Peers
Original Agreement Number LA -5377 (13 -052)
Project Title: Tukwila Urban Center Plan SEIS
Section 1. SCOPE OF WORK, is hereby changed to read:
Exhibit A -1 Scope of Work
Task 6. Air Quality Conformity Analysis.
Environ will perform a detailed quantitative carbon monoxide dispersion model analysis for the Proposed
Action/High Density scenario. This will include preparing a SEPA level air quality hot -spot analysis
based on using MOVES emission rates and CAL3QHC dispersion modeling (for 2030 Proposed
Action/High Density Scenario). The results of the air quality analysis will be documented in a
memorandum with some background text describing the relevant policies and practices that are relevant
to SEPA air quality analysis.
78
C'ounc'il- ApprovalaN /A
Local Agency
Standard Consultant
Agreement
Consultant/Address/Telephone
Fehr & Peers
1004 4th Ave
Suite 4120
Seattle, WA 98154
206.576.4220
❑ Architectural /Engineering Agreement
►�4 Personal Services Agreement
Agreement Number
LA 5377
Project Title And Work Description
Prepare the revised transportation chapter of the
Supplemental EIS on Tukwila's Urban Center
(TUC) Plan
Federal Aid Number
TCSP (010)
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
%
►� Cost Plus Fixed Fee
Overhead Progress Payment Rate
DBE Participation
%
Overhead Cost Method
❑ Actual Cost
❑ Actual Cost Not To Exceed
%
%
❑ Yes @ No
Federal ID Number or Social Security Number
91- 1393259
0 Fixed Overhead Rate 172.97
Do you require a 1099 for IRS?
❑ Yes @ No
Completion Date
December 30, 2013
Fixed Fee $ 4,019.00
❑ Specific Rates Of Pay
❑ Negotiated Hourly Rate
❑ Provisional Hourly Rate
❑ Cost Per Unit of Work
Total Amount Authorized $
Management Reserve Fund $
Maximum Amount Payable $
39,719.62
39,719.62
Index of Exhibits (Check all that apply):
® Exhibit A -1 Scope of Work
❑ Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
® Exhibit C Electronic Exchange of Data
® Exhibit D -1 Payment - Lump Sum
❑ Exhibit D -2 Payment - Cost Plus
❑ Exhibit D -3 Payment - Hourly Rate
❑ Exhibit D -4 Payment - Provisional
® Exhibit E -1 Fee - Lump/Fixed/Unit
❑ Exhibit E -2 Fee - Specific Rates
❑ Exhibit F Overhead Cost
® Exhibit G Subcontracted Work
® Exhibit G -1 Subconsultant Fee
THIS AGREEMENT, made and entered into this
El Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
® Exhibit I Payment Upon Termination of Agreement
IN Exhibit J Alleged Consultant Design Error Procedures
® Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -la Consultant Certification
® Exhibit M -lb Agency Official Certification
® Exhibit M -2 Certification - Primary
❑ Exhibit M -3 Lobbying Certification
❑ Exhibit M -4 Pricing Data Certification
❑ App. 31.910 Supplemental Signature Page
between the Local Agency of the City of Tukwila
day of h1 f v-C
, Washington, hereinafter called the "AGENCY" ,
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
01015 ,
o a CSY� e'1%
79
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
1 General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
11 Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
111 General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
Page 2 of 8
80
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager.
VI Sub - Contracting
The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be
substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum
amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
81
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
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82
In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terns of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K ".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
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The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By
(k/k/29 ///k)(D'
Agen
By
Consultant Fehr & Peers
DOT Form 140 -089 EF
Revised 3/2008
86
Page 8 of 8
ity of Tu
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Exhibit A -1
Scope of Work
This draft scope of work outlines Fehr & Peers' tasks to develop a 2030 baseline model run and
transportation analysis for the Southcenter Subarea Plan EIS document.
Task 1— Update Travel Model
Fehr & Peers will update the land use data in the City of Tukwila Travel Demand Forecasting (TDF) Model
to reflect 2030 conditions without the land uses expected as part of the Southcenter Subarea Plan. The
City of Tukwila will provide Fehr & Peers population and employment (or non - residential square
footage) data by TAZ for this task.
In addition, Fehr & Peers will update the roadway network to reflect conditions without the Southcenter
Subarea plan. We anticipate one meeting with the City to finalize the TDF model updates.
Task 2 — Run and Post Process Travel Model
Fehr & Peers will run the TDF model with the updated data and post - process the data using the same
technique used for the Transportation Master Plan (TMP) update. The post - processed travel demand
data will reflect PM peak hour conditions.
Task 4 — Evaluate Traffic LOS
Fehr & Peers will use the TDF model data generated in Task 2 to update the Synchro /SimTraffic model
developed for the TMP update. We will develop a 2030 baseline PM peak hour Synchro /SimTraffic
model. We have reviewed the results of the TMP and based on the traffic analysis, we propose analyzing
the traffic LOS at the following intersections. These intersections are most likely to have a significant
adverse impact related to the Southcenter Subarea Plan land uses.
1. S 180th St /Southcenter Pkwy
2. S 180th St /Andover Park West
3. S 180th St /W Valley Hwy
4. Minkler Blvd /Southcenter Pkwy
5. Minkler Blvd /Andover Park West
6. Strander Blvd /Southcenter Pkwy
7. Strander Blvd /Andover Park West
8. Strander Blvd /Andover Park East
9. Strander Blvd /W Valley Hwy
10. 1 -5 Off- Ramp /Southcenter Pkwy
(Nordstrom)
11. Tukwila Pkwy /615T Ave
12. 1 -405 NB Ramps /W Valley Hwy
13. Southcenter Blvd /W Valley Hwy
14. 1 -405 SB Ramps /Interurban Ave
15. Southcenter Blvd /66th Ave
16. Southcenter Blvd /61St Ave
17. Southcenter Blvd /I -405 SB Off -Ramp
18. Tukwila Pkwy /66th /Andover Park East
19. Tukwila Pkwy /Andover Park West
Task 5 — Qualitative Evaluation of other Non - Traffic Transportation Conditions
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Fehr & Peers will qualitatively document the differences in the transportation system with and without
the proposed Southcenter Subarea Plan. This will form the basis for evaluating potential impacts and
benefits of the Southcenter Subarea Plan for transit, pedestrian travel, and bicycling. Specifically, as part
of this task, we will evaluate the potential traffic impacts of reconfiguring Andover Park East to include
bicycle lanes , parking, and other design features that would reduce auto capacity. Since the
reconfigurations would generally not impact the intersection operations, the focus of this analysis will
be on the midblock segments.
Task 6 — Air Quality Conformity Analysis
Environ will perform an air quality impact /conformity review effort would include qualitative analysis
based on review of traffic intersection LOS analysis. Based on our knowledge of the study area, the air
quality conformity analysis will focus on the intersection of W. Valley Hwy. /S. 180`h St. since that
intersection has the highest traffic volumes in the study area and represents worst -case conditions in
the study area.
Environ will perform a simple screening review based on consideration of existing and projected future
LOS and comparison with other similarly -sized and similarly operating (i.e., LOS and volume)
intersections that have been previously analyzed using dispersion modeling. The results of the air quality
conformity analysis will be incorporated into a memo for review by City staff. Note that the memo will
not include any additional information that is occasionally included in a SEPA document (e.g., existing
setting and review of applicable rules and regulations). It is anticipated that the City or the EIS
consultant will provide this generic background information from other sources.
Task 7 — Evaluate Impacts
Using the data from Tasks 4 and 5, along with the traffic LOS data from the TMP update, Fehr & Peers
will identify and document potential transportation impacts from the Southcenter Subarea Plan. An
important element to this task will be a conference call with City staff to discuss a threshold of
significance for potential transportation impacts.
The results of this task will be incorporated into tables and maps for inclusion in the transportation
chapter of the EIS.
Task 8 — Identify Mitigation Measures
Fehr & Peers will work with the City staff to identify mitigation measures for any significant adverse
transportation impacts. It is envisioned that the mitigation measures will largely be derived from the
TMP, however, some additional mitigation measures may be included. To make this task more
streamlined, we propose holding a workshop with City staff to discuss and refine the initial set of
mitigation measures that will be included in the EIS document.
Task 9 — Documentation
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Fehr & Peers will document the methods, analysis results, impact findings, and mitigation measures in
either a stand -alone transportation impact report or the transportation chapter of an EIS. We will
submit a draft document for one round of review by City staff and we will respond to one set of
consolidated comments. After incorporating the comments, we will update and finalize the
documentation.
Task 10 — Meetings
Fehr & Peers anticipates attending three meetings with City staff during the course of the project (as
described in Tasks 1, 5, and 8). In addition, we have budgeted to attend one Planning Commission and
one City Council meeting.
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90
Exhibit C
Electronic Exchange of Engineering and Other Data
The consultant will provide the City of Tukwila the following technical data in
support of the Southcenter EIS in electronic format:
• Synchro /Sim Traffic files (Version 7)
• Updated travel model files EMME version 3.3
The consultant will provide the Synchro /SimTraffic files via email per the City's
request and the EMME files will be mailed on DVD per the City's request. The an
electronic copy of the document will be provided in Word and PDF format via
email.
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Exhibit D -2
Payment (Cost Plus a Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work
specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48
CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non - salary costs, and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are
included as such on the books of the CONSULTANT in the normal everyday
keeping of its books. Progress payments shall be made at the rate shown in the
heading of this AGREEMENT under "Overhead Progress Payment Rate." Total
overhead payment shall be based on the method shown in the heading of the
AGREEMENT. The two options are explained as follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit, up to the Maximum Total Amount Payable, authorized under
this AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit "E" attached hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used, the
CONSULTANT (prime and all sub - consultants) will submit to the AGENCY
within six (6) months after the end of each fine's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar
expenditures, etc.) for the purpose of adjusting the overhead rate for billing
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140 -089 EF Exhibit D -2
Revised 6/08
93
Failure to supply this information by either the prime CONSULTANT or any of their sub -
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
The AGENCY, STATE and /or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate, if they so desire.
3. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to
the CONSULTANT. These charges may include, but are not limited to, the following
items: travel, printing, long distance telephone, supplies, computer charges and sub -
consultant costs.
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205 -46 "Travel Cost
b. The billing for Direct Non - Salary Costs shall include an itemized listing of
the charges directly identifiable wh the PROJECT.
c. The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the
heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee, which could be authorized from the Management Reserve Fund. This
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -
hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed by the CONSULTANT and reported in the Monthly Progress Reports
accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in
the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve
Fund to provide the Agreement Administrator with the flexibility to authorize additional
funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the
CONSULTANT for additional work beyond that already defined in this AGREEMENT.
Such authorization(s) shall be in writing and shall not exceed
94
the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the
heading of this AGREEMENT. The amount included for the Management Reserve
Fund is shown in the heading of this AGREEMENT. This fund may not be replenished.
Any changes requiring additional costs in excess of the Management Reserve Fund
shall be made in accordance with Section XIV, "Extra Work. "6. Maximum Total
Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the
heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of
the Total Amount Authorized, and the Management Reserve Fund. The Maximum
Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIV, "Extra Work." No minimum amount payable is guaranteed under this
AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item including
Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the
prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, salary rates, and present duties of those employees performing work on
the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and
at the time of final audit, all required adjustments will be made and reflected in a final payment. In
the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT
will refund such overpayment to the AGENCY within thirty (30) days of notice of the
overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has
twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception:
if any litigation, claim or audit arising out of, in connection with, or related to this contract is
initiated before the expiration of the three (3) year period, the cost records and accounts shall be
retained until such litigation, claim, or audit involving the records is completed.
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Exhibit E -1
Prime Consultant Fee Determination - Summary Sheet
Project: Southcenter Subarea Plan EIS
Prime Consultant: Fehr & Peers
Direct Salary Cost (DSC):
Classification Man Hours Rate = Cost
Principal 8 X $ 72.93 $ 583.44
Project Mqr. /Travel Modeler 90 X $ 48.08 $ 4,327.20
Project Enqineer /Planner 140 X $ 31.97 $ 4,475.80
GIS /Graphics 32 X $ 29.44 $ 942.08
Administrative 40 X $ 28.85 $ 1,154.00
Total DSC = $ 11,482.52
Overhead (OH Cost -- including Salary Additives):
172.97% X $ 11,482.52 = $ 19,861.00
OH Rate x DSC of
Fixed Fee (FF):
FF Rate x DSC of
Reimbursibles:
Prime Consultant Total
Grand Total
35% X $ 11,482.52 = $ 4,019.00
Travel $ 360.00
Printing, Meeting Materials $ 1,000.00
$ 36,723.00
$ 39,719.62
Prepared By: Chris Breiland Date: 2/11/2013
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Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Air Quality Analysis
DOT Form 140 -089 EF Exhibit G
Revised 6/05
99
Exhibit G -1
Subconsultant Fee Determination - Summary Sheet
(Mandatory when Subconsultants are utilized)
Project: Southcenter Subarea Plan EIS
Subconsultant: ENVIRON International Corporation
Direct Salary Cost (DSC):
Classification Person Hours Rate Cost
Principal 14 x $69.71 x $975.94
Admin Asst. 1.5 x $26.92 x $40.38
x x
x x
x x
x x
x x
x x
x x
Overhead (OH Cost - including Salary Additives):
OH Rate x DSC of: 159.85% x
Fixed Fee (FF)
Total DSC = $1,016.32
$1,016.32 = $1,624.59
FF x DSC of: 35.00% x $1,016.32 = $355.71
Reimbursables:
Itemized (None anticipated)
SubConsultant Total
Prime Mark -Up x
$2,996.62
Grand Total $2,996.62
Prepared By: Richard Steffel Date: 2/7/2013
DOT Form 140 -089 EF Exhibit G -1
Revised 8/07
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Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which
are herein incorporated by reference and made a part of this AGREEMENT.
2.
Non - discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub - consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and /or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140 -089 EF Exhibit H
Revised 6105
101
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub- consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
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Exhibit 1
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit I
Revised 6/05
103
104
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Highways and Local Programs
Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or
Agency Engineer may appoint an agency staff person other than the project manager, who has not been
as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
•
DOT Form 140 -089 EF Exhibit J
Revised 6/05
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
105
•
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded
through the Region Highways and Local Programs Engineer to H &LP for their review and
consultation with the FHWA. H &LP will meet with representatives of the agency and the
consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If
necessary, H &LP will request assistance from the Attorney General's Office for legal
interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
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Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that
total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Form 140 -089 EF Exhibit K
Revised 6/05
107
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit.
108
Exhibit M -1(a)
Certification Of Consultant
I hereby certify that I am Chris Breiland
Project No.
Local Agency
representative of the firm of Fehr & Peers
and duly authorized
whose address is
1001 4th Avenue, Suite 4120, Seattle, WA 98154 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
2/13/2013
Date Signature
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
109
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of
IoKwilc,
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
3 - L/ -i
Date
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
110
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)
(B). of this certification; and
D. Have not within a three (3) year period preceding this application /proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm):
2/13/2013
Fehr & Peers
(Date)
DOT Form 140 -089 EF Exhibit M -2
Revised 6/05
(Signatur resident or Authorized Official o Consultant
111
112
TRANSPORTATION COMMITTEE - Meeting Minutes
July 9, 2013 — 5:15 p.m. — Conference Room #1
City of Tukwila
Transportation Committee
PRESENT
Councilmembers: Kate Kruller; Chair, Dennis Robertson (Absent: Joe Duffle)
Staff: Bob Giberson, Frank Iriarte, Cyndy Knighton, Gail Labanara, Lynn Miranda, Robin Tischmak,
Pat Brodin, Laurel Humphrey
CALL TO ORDER: The meeting was called to order at 5:15 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Tukwila Urban Center — Transit Center
Staff is seeking Council approval of an agreement between King County, Tukwila, Burien, SeaTac,
and Renton for the design, construction, ownership, and maintenance of the F Line RapidRide
Fiber Optic Project. As part of the new infrastructure required by the F Line, fiber optic cables are
being installed along the entire route. Additional strands beyond those required for F Line
communication needs are being allocated to the five jurisdictions and others for uses to be
determined by the cities. This agreement defines how the agencies will work together in
implementation of this project, detailing ownership, and maintenance responsibilities. Staff
confirmed for Committee members that future maintenance will likely be very minimal and much
can be performed by the City. MAJORITY APPROVAL. FORWARD TO JULY 22, 2013
C.O.W.
B. Contract Supplement — Services related to the Supplemental Environmental Impact Statement (SEIS)
for Tukwila's Urban Center Plan
Staff is seeking Council approval of a contract supplement with Fehr & Peers in the amount of
$5,500 in order to complete an air quality impact analysis for the Southcenter Subarea Plan, as part
of the Supplemental Environmental Impact Statement (SEIS). This additional funding is required
because the original scope of the contract assumed that the consultant team would be able to
leverage prior work to assess air quality impact, but the consultant found nothing comparable that
would be useful. The SEIS, including this contract supplement, is fully funded by the federal
Tukwila Urban Center /Transit Oriented Development grant. MAJORITY APPROVAL.
FORWARD TO JULY 15, 2013 REGULAR CONSENT AGENDA.
C. Interlocal Agreement — State Purchasing
Staff is seeking Council approval of the Master Contract Usage Agreement (MCUA) with the State
of Washington's Department of Enterprise Services to continue using state contracts as a
purchasing resource. The State's General Administration Department, who previously administered
the Washington State Purchasing Cooperative, has been replaced by the Department of Enterprise
Services. Existing membership in the purchasing cooperative ended in June 2013, and in order to
continue using state contracts, the City must sign a new agreement with the Department of
Enterprise Services. MAJORITY APPROVAL. FORWARD TO JULY 15, 2013 REGULAR
CONSENT AGENDA.
H: \Committee Minutes \Transportation \Trans 070013.docx
113
114
mon
City of Tukwila
CITY ADMINISTRATOR REPORT
The City of opportunity, the community of choice
TO: Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: July 10, 2013
SUBJECT: Report for July 15, 2013 Regular Council Meeting
Jim Haggerton, Mayor
The City Administrator Report is meant to provide the Council, staff and community an update
on the activities of the City and on issues that concern Tukwila. Please let me know if you have
any questions or need additional information about any of the following items.
I. Intergovernmental Update
• Kinq County City Administrators /Managers Monthly Meetinq: The City
Administrator and Government Relations Manager attended the July 3, 2013, meeting
where AWC representatives provide a recap of the state budget results, and the Port of
Seattle talked about the Port's 25 -year vision entitled the Century Agenda. The Century
Agenda proposes four regional initiatives that that are anticipated to create more than
100,000 jobs.
• Southwest Kinq County Economic Development Initiative: Staff attended the
Southwest King County Economic Development Initiative monthly steering committee
meeting on June 27, 2013.
• Tukwila School District's Cultural Competency Traininq: On July 8, 2013, Human
Services participated in part of the Tukwila School District's cultural competency training.
• Sound Cities Association (SCA) - Reqional Transit Committee Caucus Planning:
Staff participated in the June 27, 2013 planning meeting for the July 8, 2013, Regional
Transit Committee Caucus Meeting. The discussion focused on Metro's response to
several issues that were raised at a previous Caucus meeting. SCA staff and working
group members reviewed proposed changes, highlighting those amendments and
recommendations for clarification as well as those that the caucus may find contentious.
• Reqional Transportation Demand Manaqement (TDM) Action Plan: Staff participated
in Puget Sound Regional Council's (PRSC) TDM Steering Committee meeting to finalize
content for the Regional TDM Action Plan. This Plan will be incorporated in PSRC's
Transportation 2040 Plan.
II. Community Events
• Family 4t —" at the Fort: Nearly 5,000 people enjoyed a wonderful event to celebrate the
4th of July. Inflatables, food vendors, activities and a great fireworks show made this
year's event a memorable one.
• Tukwila Garden Tour: The Tukwila Garden Tour is scheduled for Saturday, July 13,
2013. Private gardens in Tukwila are featured, each with a unique theme. Speakers
from the Cascade Water Alliance, as well as music, art, and refreshments will be
highlighted at various gardens. This event is coordinated by the Parks and Recreation
Department, Events Division and volunteers from the Southgate Garden Club.
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City Administrator Report
Page 2
• Summer Outdoor Cinema Series: Outdoor movies begin on July 19, 2013 with the first
"Movie on the Green" at Foster Golf Links. We'II be showing the James Bond movie
"Skyfall ". The event is FREE and begins at dusk.
III. Staff Updates
Public Safety
• 13037 South 41 Street: On June 30, 2013 the Fire Marshal was called to an event at
the Delta White Center Masonic Lodge. Twenty to thirty feet of the brick veneer on the
South wall of the building had collapsed into the parking area. The building was posted
(do not occupy) and a fencing company was called to fence off the parking area to
prevent access to this area.
Project Updates
• Strategic Plan Implementation: The Community Liaison team is finalizing the process
and materials for the recruitment/selection of the City's first liaisons. Staff is also
working with representatives of Forterra to identify organizations /individuals who can
provide diversity /equity training /awareness to employees and others.
• Urban Renewal: Property appraisals were delivered to the owners of the seven
properties being considered under the Crime Reduction through Property Acquisition
project.
• Comprehensive Plan Update: On June 27, 2013, the Planning Commission held a
public hearing on the Natural Environment and Shoreline chapters of the
Comprehensive Plan and recommended forwarding the two chapters, with several
amendments, on to the City Council for review. The Shoreline Chapter is being
amended to add text to the goals and policies approved by the City in 2011 when the
Shoreline Master Program was updated. No one testified or provided written comments
on the Shoreline text. The Commission made a minor revision to the proposed text
related to invasive plants. The City Council is scheduled to review these chapters at
work sessions scheduled for July 30 and 31, 2013 and to receive testimony at a public
hearing scheduled for August 12, 2013.
• PROS Plan Update: Hosted a focus group of Senior Citizens on July 2, 2013 to get their
feedback and input on the PROS Plan. Reviewing draft summaries of the Outreach
pieces, Inventory Review and Analysis, and Resources Summary Report.
• King County Library — 14242 Tukwila International Blvd: Building permit application
was submitted for the construction of the new 9,900 square foot library located at
Tukwila Village. Staff has determined the application complete and will begin
substantive review.
• Buffalo Wild Wings Restaurant — 225 Tukwila Pkwy: An application for building permit
was received this week for the construction of a new 8,450 square foot restaurant. The
proposed location is the old Bank of America site. The proposal is to construct the new
restaurant on the existing foundation. Staff will be taking this project before the Board of
Architectural Review in July.
• Tukwila Home 2 Suites — 300 Upland Drive: The permit center received building
permit application for the construction of a 20,650 square foot 4 story hotel. This project
has received SEPA and design review approval.
• 4501 Building — 4501 South 13411" Place: A building permit application was submitted
for the construction of a 17,000 square foot concrete tilt up building. This building is for
a future unknown tenant. This proposed building will need to obtain design review
approval prior to permit issuance.
• Duwamish River Cleanup: DCD staff spent over two days complying with a request for
files for the U.S. Environmental Protection Agency (EPA) to review as part of its effort to
determine responsibility for contamination to the Duwamish River. This effort is related
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City Administrator Report
Page 3
to the cleanup work Boeing, Port of Seattle, City of Seattle, King County and King
County airport have been involved in for the past 20 years.
Community Services
• Human Services:
• Staff met with Sister Suzanne Hartung of Providence Health and Services and Mikel
Hansen of Sabey Corporation to discuss human services support in Tukwila.
• On July 12, 2013 staff met with staff from Neighborhood House. Neighborhood
House currently has a home visiting early learning program in Tukwila and was
recently awarded Head Start slots.
• Continuing to streamline efforts in the Sharel application which streamlines efforts
with the non - profits.
• Recreation:
• Summer Sack Lunch Program began on June 24, 2013 at Tukwila Community
Center, Foster Memorial Park, and Cascade View Community Park. On average, we
are serving 160 lunches per day between all sites.
• Free Summer Playground Program began on July 1, 2013 at Foster Memorial Park
and Cascade View Community Park.
• "Summer School Fun" program began on July 9, 2013 with a partnership with the
Summer School program. Recreation staff lead students in fun, healthy play
activities after Summer School with the help of the teachers. 60 students attended
the first day and we anticipate attendance to increase as the program runs each
Tuesday throughout Summer School.
117
118
2013 City-Wide Work Plan - Second Quarter Update
Community Vision
The City of opportunity, the community of choice.
City Mission
To provide superior services that support a safe, inviting and h
for our residents, businesses and guests.
Strategic Goals and Objectives
1. A Community of Inviting Neighborhoods & Vibrant Business Distric
A. Cultivate community ownership of shared spaces.
B. Build a broad and collaborative approach to preventing crime and increasing the se
C. Focus City planning and investments on creating a connected, dyn environment.
D. Use City efforts and investments to realize established visions -areas.
2. A Solid Foundation for All Tukwila Residents
A. Partner with organizations that help meet the basic needs of all
B. Strive for excellent education, vocational supports, and persona
effective partnerships and City services.
C. Encourage maintenance, improvements, and diversity in the Citys
3. A Diverse & Regionally Competitive Economy
A. Embrace the Citys economic potential and strengthen the Citys
employment center.
B. Strengthen the Citys engagement and partnership with the business co
4. A High-Performing & Effective Organization
A. Use Tukwilas Vision, Mission, and Strategic Plan to focus and p
B. Advance Tukwilas interests through participation in regional pa
C. Continue to develop as an organization and support individual growth.
D. Ensure City facilities are safe, efficient, and inviting to the
E. Ensure the long-term fiscal sustainability of the City.
5. A Positive Community Identity & Image
A. Improve the Citys ability to build trust and work with all memb
B. Facilitate connections among Tukwilas communities.
C. Promote a positive identity and image of Tukwila.
2013 Priorities
Crime Reduction along Tukwila International Boulevard (TIB)
An Improved Environment for Community Livability
Strengthened Financial Fundamentals
Updated Plans and Policies Aligned with the Communitys Vision
Improved Access to City Services and Decision-Making
Council, Staff and Partners Engaged in a Shared Commitment to th
2013 City-Wide Work Plan - Second Quarter Update
Community Vision
The City of opportunity, the community of choice.
STRATEGIC
2013 PRIORITIES
STATUS AS OF JUNE 30, 2013
DEPT(S)
PLAN
GOALS
Crime Reduction along Tukwila International Boulevard (TIB)
The Police Department acquired software to implement the Target
Spots and Key Offenders strategy. During this last quarter we b to
populate the program with key offenders. We met with the city
prosecutor to garner his support for this strategy as well as crime
reduction in general along TIB.
Human Resources advertised, tested, and began interviews to hire a
patrol administrative assistant in support of the CRI strategy to increase
accessibility, visibility, and responsiveness. The assistant wi
Implement the Crime Reduction
administrative tasks currently being accomplished by patrol staf
Initiative and engage all
Police 1B, 1D will free up resources to spend more time in the community.
departments in supporting crime
reduction
On June 1, we assigned Sgt. Bisson to the regional P.A.T.R.O.L A
Task Force in support of our strategy to strengthen investigati
timely arrest. The five-person team also solicited and received grant
funding to continue its operations for another year.
Actively engaged with other departments during the monthly Hot S
Meetings in identifying crime trends and build solutions. A sub-
committee met, developed, and began to implement plans to addres
th
particular crime issue at an apartment complex on South 158Street.
Land use applications for Tukwila Village Phase 1 and the King County
Begin Tukwila Village Library have been submitted and we have a September design revie
ED, DCD 1D
Construction date targeted. Developer anticipates starting site grading in January
2014.
Preliminary title reports are complete. Appraisals are complete and have
Revitalize the Urban Renewal been provided to property owners. Materials are being reviewed by
ED 1D
Area staff/City Attorney and an analysis will be shared with Council
consideration and recommended next steps.
Police staff, utilizing the Neighborhood Resource Center TIB cameras,
Increase bus shelter cleaning, 1A, 1B,
PW focused resources at the bus shelter on the 14400 block of TIB t
litter pickup and graffiti removal 1D
loitering and illegal activity. Such activity contributes to lit
An Improved Environment for Community Livability
Continued proactive code enforcement efforts concentrating on th
Tukwila International Blvd corridor and the International Distri
Restore proactive code
DCD, CE 1A Military Road S. addressing sign code violations, business licen
enforcement efforts citywide
debris. Proactive code enforcement efforts with various neighborhoods
to clean up problem properties.
In January, 2013the City Council amendedTMC Section 8.28.030
regarding Chronic Nuisance Building or premises, and provided for an
Streamline and strengthen
expedited abatement /civil penalties process. In the second qua
nuisance ordinance and DCD 1A, 1B
extensive property cleanup was initiated, completed and the cost thereof
abatement process
has been recovered from the owners. A second abatement/ building
demolition and premisescleanup is in the process. The demolition is
120
Page 2
2013 City-Wide Work Plan - Second Quarter Update
Community Vision
The City of opportunity, the community of choice.
STRATEGIC
2013 PRIORITIES
STATUS AS OF JUNE 30, 2013
DEPT(S)
PLAN
GOALS
pending court granted authorization.
Plan for pedestrian safety The 60% design of mid-block crosswalk improvements at the 15000 Block
1B, 1C,
improvements along Tukwila PW of Tukwila International Boulevard is under review. Improvements
1D
rd
International Boulevard should be completed in the 3Quarter.
A meeting with BNSF, City staff and Council representatives took place on
Create strategies to mitigate April 24, 2013. As a result of that meeting, staff will be bringforward
Mayors
rd
neighborhood impacts of freight 1A information during the 3quarter to assist the full Council in determining
Office
mobility the next steps relating to freight mobility impacts on the Allen
neighborhood.
Strengthened Financial Fundamentals
HR,
City Compensation Policy 4E The compensation policy has been adopted.
Finance
The golf course 2012 financial performance was discussed and pre
to the Finance and Safety Committee. A follow-up analysis of the indirect
Research revenues and
cost allocation charged to the golf course was also completed.
opportunities to reduce
Finance 4E Information on a Transportation Benefit District will be present
expenditures (including impact of
August 20, 2013 Finance and Safety Committee meeting. Other revenue
golf course on General Fund)
enhancement opportunities will be presented to the Committee as
research and analysis is completed and Committee time permits.
Evaluate viability of sewer utility PW,
rd
4E Scheduled for Utilities Committee in 3Quarter.
funds Finance
Updated Plans and Policies Aligned with the Communitys Vision
The Planning Commissionhas forwarded recommended versions of 6
rd
Comp Plan elements to the Council for review in the 3quarter: Utilities,
1A, 1C,
Incorporate Strategic Plan Vision Capital Facilities, Transportation, Natural Environment, Shoreline and
DCD, 1D, 2C,
and aspirations into Southcenter. The elements have been updated to reflect current
PW 2D, 3A,
Comprehensive Plan updates. conditions and regulatory requirements as well as incorporating
4A
Plan guidance. They have also been edited to reduce redundancy and
formatted to increase readability.
The Transportation Corridors Comprehensive Plan Element will be
Tukwila International Boulevard
DCD, ED 1D refocused on the TIB corridor and updated as part of the 2014 an
Plan
amendments.
The environmental review of the Southcenter Plan is underway usi
new tool called Transit Infill. The City will perform an upfront
Southcenter Plan Update DCD 1D the development anticipated under the Plan and individual projec
conform to the Plan will not have to conduct their own SEPA analysis and
will be protected from environmental appeals.
Kickoff meeting is scheduled for July with Phase 1 completion of
Facilities Needs Assessment PW 4D
rd
assessment in 3Quarter.
Public Outreach Efforts for the PROS Planhave been conducted, including
Parks, Recreation and Open
questionnaire (on-line and written), Community Leader Focus Group,
PR 1C, 2B
Space Plan Update (PROS)
Education Expert Interviews, Moving Listening Sessions, and Community
Page 3
2013 City-Wide Work Plan - Second Quarter Update
Community Vision
The City of opportunity, the community of choice.
STRATEGIC
2013 PRIORITIES
STATUS AS OF JUNE 30, 2013
DEPT(S)
PLAN
GOALS
Workshop. Consultant has prepared and the Technical Advisory Group is
reviewing draft summaries of the Outreach pieces, Inventory Revi
Analysis, and Resources Summary Report.
Revise policies for Revised policy is in draft Utilities Element of the Comprehensive Plan
PW 1A
undergrounding of utilities (Policy 12.1.33)
Establish public safety oriented Included as Goal 13.5 in draft Transportation Element of the
PW 1A, 1B
sidewalk policy Comprehensive Plan.
Staff members from various departments participate incommunity
events such as the Teen Summer Kick-Off Festival with information about
recycling, comprehensive plan changes, Police Dept. public relations, City
Implement improved and tailored services, human service providers, and volunteer opportunities.
All
public engagement strategies in 5A The Citys public outreach liaison program is moving forward
Depts
all planning efforts documentation/recruitment/communication materials are being
developed. Staff from several departments are serving on the Ad
or Development teams. The pilot project for liaisons will focus on the
housing element of the Citys Comp. Plan update (2014.1).
Improved Access to City Services and Decision-Making
Streamline permitting process
and use technology to provide DCDs permit center is coordinating training on and testing of TRAKiT, the
DCD, IT 4A
th
better service for customers and new permit system software. Go Live is targeted for 4Quarter.
greater internal efficiencies
Adjustments have been made for lighting and cameras in the Chamb
Increase public access and
The dais and speaking positions are all now much more uniformly
visibility of Councilmembers
IT 5A illuminated which allows a more consistent look and camera focus. The
(Council video recording, other
process for posting the video recordings for public viewing has been
efforts)
refined for expediency.
Human Services continues to share opportunities through providers and
Advance the Citys tools and Mayors
school activities to foster relationship building.
processes for effective Office, 5A
City Council meetings are now televised and broadcast live on Ch
community engagement IT
and available on the Citys website.
Staff has researched options available with current provider. Staff
Explore online registration for
rd
will be researching and investigating other providers in the 3
PR, IT 4A
Parks and Recreation Programs
Quarter.
122
Page 4
2013 City-Wide Work Plan - Second Quarter Update
Community Vision
The City of opportunity, the community of choice.
Council, Staff and Partners Engaged in a Shared Commitment to thCommunitys Vision
Establish a yearly process and
procedures to align Council and Priority setting, budgeting procedures and target dates have been
Mayors
staff, as well as the Citys budget discussed at the Executive Staff and Finance and Safety Committee
Office 5A
th
and annual priorities around next meetings. An official calendar of events will be prepared in th
Finance
step in advancing the Strategic quarter.
Plan
High Performance Organization training was held in May and invol
staff members. A second session (36 employees) will take place
Engage and align staff in
Mayors 4A, 4C, This training includes theory and practice of making organizational
proactive leadership around our
Office 5A change and provides a model that departments and the City at lar
shared Vision and Goals
use to begin identifying opportunities for introducing positive
throughout the organization.
Staff designed and distributed Moving Forward an employee newsletter
designed to share information and updates as we continue to moni
our progress on implementation of our Strategic Plan. An all employee
Improve our internal survey was distributed to provide a baseline for understanding h
communications to ensure staff Mayors employees view their own department/work group/City organization.
4A
are well-informed and have Office Videos of the State of the City address, first quarter Strategic Plan
opportunities to provide input update, and an overview by our training consultant were posted o
Citys internal website for employees. A library of reading mat
also established so employees could check out books/videos that
our efforts in organizational change.
Develop a City Communications
In the process of identifying communication strategies to utiliz
Plan to provide consistent and Mayors
5A the community, the City has reestablished the use of Twitter as
thorough communications with Office
media communication tool, and is building an official City Facebook page.
the public
Administration and staff continue to communicate regularly with
Build a stronger relationship with Mayors
2B school district to develop programs that benefit the students/failies of
the school district(s) Office
Tukwila and familiarize them with local government.
Page 5
124
Upcoming Meetings & Events
July 2013
15th(Monday)16th (Tuesday)17th (Wednesday)18th (Thursday)19th (Friday)20th(Saturday)
Scout Swim Day
Utilities Cmte, Finance & Parks TukwilaMovies on the
(Tukwila Pool)
5:00 Safety Cmte, Commission, Historical Green
PM
3:00–5:00 PM
(CR #1)
5:305:30 Society,
PMPM
$5.00
Registration is
(CR #3)(Community
7:00
PM
required.
Center)(Tukwila
City Council Heritage &
Tukwila staff will be
“Skyfall”
Cultural Center,
Executive
on hand during this
th
14475 59Ave
(Foster Golf Links
Session,
event to help Girl
S.)
13500 Interurban
5:30
Scouts and Boy
PM
Ave S.)
(NOTE CR#3)
Scouts of all ages
Seating opens at
complete skills
8:00 PM –Movie
required to earn
City Council
.
begins at dusk
swimming related
Regular Mtg.,
badges.
7:00
PM
For additional info
(Council
call 206-267-2350.
Chambers)
C.A.S.T.T performances
(Community Actors’ Summer Theatre
Tukwila
in Tukwila)
Metropolitan
and
July 19 20 7:00 PM
Park District
Foster Performing Arts Center
Board of
For more information contact
Commissioners
Stephanie Gardner at 206-767-2342
8:00
PM
(Council
JULY 20 is the deadline to register your
Chambers)
garage sale for inclusion in Community
GarageSale advertising. (Community
garage sale to be held August 17 & 18)
22nd(Monday)23rd (Tuesday)24th (Wednesday)25th (Thursday)26th (Friday)27th(Saturday)
Community Transportation COPCAB,Movies on the
Tukwila Int’l. Blvd.
Affairs & Parks Cmte,6:30 Green
PM
Action Cmte’s
(CR #5)
Cmte, 5:15
PM
Trash Pickup Day
(CR #1)
5:15
PM
9:00 –10:00
AM
(CR #3)
For location contact
Planning
Sharon Mann
Commission,
“Here Comes
206-200-3616
6:30
PM
the Boom”
Touch Ï a -
(Council
City Council
(Foster Golf Links
Chambers)
Truck Event
Committee of
13500 Interurban
the Whole Mtg.,
Ave S.)
(Foster High School
7:00
PM
Seating opens at
parking lot
(Council
4242 S. 144th)
8:00 PM –Movie
Chambers)
10:00 to 2:00
.
begins at dusk
AMPM
A variety of exhibitors will
also be on site to distribute
free summer safety tips as
well as emergency
preparedness information.
Free Fun!
Free Residential
Shred Event
10:00 to 1:00
AMPM
(Foster High School
parking lot
4242 S. 144th)
Look under “City
Headlines”
at www.tukwilawa.go
v
for additional
information.
City CouncilCommittee of Whole (C.O.W.)Meeting:
2nd & 4th Mon., 7:00 , Council Chambers at City Hall.
PM
City Council Regular Meeting:
1st & 3rd Mon., 7:00 , Council Chambers at City Hall.
PM
Community Affairs & Parks Committee: 3.
2nd & 4th Mon., 5:15 , Conf. Room #
PM
COPCAB (Community Oriented Policing Citizens Adv. Board): Chris Partman (206-431-2197).
4th Thurs., 6:30 , Conf. Rm #5.
PM
Finance & Safety Committee: (A) Tourism Promotion Area update. (B) Police Department
1st & 3rd Tues., 5:30 , Conf. Room #3
PM
nd
2013 2Quarter Report. (C) Format for Financial PlanningModel Attachment A.
Parks Commission:
3rd Wed., 5:30 Contact Dave Johnson at 206-767-2308.
, Meeting Room B at Community Center.
PM
Planning Commission/Board of Architectural Review:
6:30 Contact 206-431-3670.
, Council Chambers at City Hall.
PM
Tukwila Historical Society: Contact Pat Brodin at 206-433-1861
3rd Thurs., 7:00 , Tukwila Heritage & Cultural Center.
PM
Utilities Committee: A) Community Connectivity Consortium. (B) 2013 Annual Sewer
1st & 3rd Mon., 5:00 , Conf. Room #1 (
PM
Repair Program Bid Award. (C) 2012 Small Drainage Program Project Completion and Acceptance. (D) Surface Water Lift Station
No. 15 Project Status.
125
Tentative Agenda Schedule
MONTH
MEETING 1 Ï MEETING 2 - MEETING 3 - MEETING 4 -
REGULAR C.O.W. REGULAR C.O.W.
1 8 15 22
July
See agenda packet Public Hearing:
cover sheet for this An ordinance
weekÔs agenda regarding renewal of a
(July 15, 2013 moratorium on
.
Regular Meeting)
medical cannabis
collective gardens and
dispensaries.
An ordinance
regarding a
moratorium on
cannabis producers,
processors and
retailers.
Special Issues:
An ordinance
regarding renewal of a
moratorium on
medical cannabis
collective gardens and
dispensaries.
An ordinance
regarding a
moratorium on
cannabis producers,
processors and
retailers.
An Interlocal
Agreement with King
County on Acquisition
Services for Duwamish
Gardens.
Alliance One Contract
Council Electronic
Usage Policy.
An Interlocal
Agreement with King
County for the F-Line
RapidRide ITS
Improvements.
126