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HomeMy WebLinkAboutReg 2013-07-15 COMPLETE AGENDA PACKETMonday, L 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 • vwACzoo* -060 • 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 it Visiting the Legislature * Agendas, Schedules and Calendars * Bill Information * Laws and Agency Rules Legislative Committees * Legislative Agencies Legislative Information Center E-mail Notifications Civic Education • History of the State Legislature Outsi*e the Legislature * Congress - the Other Washington • TVW • Washington Courts � OFM Fiscal Note Website , Access = 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 a v a) 0 a 0 0 W O 0 O O O O O O O N O O 6 O 000 Ln N N (0 0) CO CO ▪ O) CO N LC) LC) 00 d- N T O c) 1 FBSS31 L4WHB36918 1 GCCS19Z6R8190416 CO CO Lo O N N U X c0 0) N = U t- C3 2 U N z 0 O CO >,o D o > o UchU a > a u O Q CS) 0 Q U 6 as co C (f) as LCD C CO d O N O) 0) O) O 0) 0) O) r r r N CE • O U) 0 Ln N ✓ Ln CO CO N N N 69 0 l) 0) RS 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. Page 4 of 8 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. Page 5 of 8 83 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 84 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 85 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 ;) RLj(9r'' 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 87 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 88 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. 89 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. 91 92 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. 95 96 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 97 98 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 8/07 100 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. 102 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. 106 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. 115 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 116 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