HomeMy WebLinkAboutCOW 2010-09-27 COMPLETE AGENDA PACKET 134 h, Tukwila City Council Agenda
o COMMITTEE OF THE WHOLE
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Jim Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez
Steve Lancaster, City Administrator Allan Ekberg Verna Seal
90: Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn
EXECUTIVE SESSION 6:30 PM 7:00 PM
Personnel Matter Pursuant to RCW 42.30.110(1)(g)
Potential Property Acquisition or Lease Pursuant to RCW 42.30.110(1)(b)
(30 minutes)
Monday, September 27, 2010, 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. CITIZEN At this time, you are invited to comment on items not included on this agenda
COMMENT (please 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. SPECIAL a. Budget:Proposed Program Reductions Pg.1
ISSUES b. A Contract for Tukwila Urban Center Plan Stakeholder Outreach. Pg.15
c. Police Incident Command Vehicle. Pg.45
d. A Bid Award for East Marginal Way /South 86th Place Signal Pole Pg.51
Replacement.
e. Annual Traffic Signal Program. Pg.57
f. Grant Acceptance for Tukwila Urban Center Access Project (Klickitat). Pg.63
4. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
5. MISCELLANEOUS
6. EXECUTIVE SESSION
7. 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/TDD 206 248 2933). This notice is available at
www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio 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 fifth 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 first and third Mondays of each month at 7 PM. 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 second and fourth Mondays at 7 PM. 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 Citizen Comment. Please limit your comments to five 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 of 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, the Council may discuss the issue among themselves without
further public testimony. Council action may be taken at this time or postponed to another date.
CO UNCIL AGENDA SYNOPSIS
tyl ILA ��'q Initials ITEM NO.
Me etang Date P repared by May 's review Council review 1
0 1 09/27/10 I sjl 1 1 �2/? 1
1906 1 1 1 1
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ITEM INFORMATION
1 CAS NUMBER: 10-105 I ORIGINAL AGENDA DATE: 9/27/10
At; IND,\ ITEM TITLE Proposed Program and Service Reductions for 2011 -2012
C\'II?GORY Discussion Motion n Resolution Ordinance n BzdAward Public Hearing Other
Mtg Date 9/27/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SP( )NSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SP( )NSOR'S Staff will present the City Administration's proposed program and service reductions for
SU1IMARY 2011 -2012.
RIwIEWED BY COW Mtg. CA &P Cmte F &S Cmte 1 1 Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Information only
COMMITTEE
COST IMPACT FUND SOURCE
EXPI?NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
9/27/10
I I
I I
MTG. DATE I ATTACHMENTS
9/27/10 I Informational memorandum dated 9/24/2010, with attachments
1
2
�J�.1JILq wqS'
4 City of Tukwila
Ia
J a Jim Haggerton, Mayor
90: INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
FROM Steve Lancaster, City Administrator
Shawn Hunstock, Finance Director
DATE: September 24, 2010
SUBJECT Proposed Program and Service Reductions for 2011 -2012
ISSUE
Staff will summarize program and service reductions being proposed by the City administration
in order to address current and projected revenue shortfalls for the 2011 -2012 biennium These
program and service reductions will be reflected in the Preliminary Budget for 2011 -2012, which
will be distributed to the City Council and made available to the public in early October.
BACKGROUND
In early 2010 the City Council reviewed the City's current and forecast financial situation and
determined that significant action is required in order to bring revenues and expenditures into
balance. An estimated $9 million per year gap between anticipated revenues and forecast
expenditures was identified. In response to this situation, the City undertook a balanced
strategy that included the following targets: reducing programs and services by $2.2 million per
year; reducing the total cost of compensating City employees by $3.4 million per year; and
increasing revenue by $3.4 million per year. This balanced strategy has been described as the
"three legged stool."
On July 19, 2010 the City Council adopted measures to increase annual revenue by $3 million
On July 26 staff reported that it had been unable to reach agreement with any of the city's
represented employees regarding a reduction in the city's cost of employee compensation.
Staff indicated it had delayed some important work on the 2011 -2012 budget in hopes of making
progress on this matter, but must now move forward based on the assumption that no employee
cost reductions will be agreed to. On a positive note, staff indicated it had identified an
opportunity to reduce annual contributions to our self insured health care fund by $1 million, and
suggested this saving be applied to the $3.4 million target for reducing employee compensation
(thus, the remaining "employee compensation" target would be $2 4 million) By consensus, the
Committee of the Whole requested that staff identify $2.4 million in additional program and
service reductions to compensate for the lack of agreement with employees. Combined with the
original $2 2 million goal for program and service reductions, a "new" goal for program and
service reductions of $4.6 million resulted
DISCUSSION
Six -Year Revenue and Expenditure Forecast
Before presenting the administration's proposals for program and service reductions, it will be
helpful to review the most current version of the City's six -year revenue and expenditure
forecast "Attachment A" The administration and council have used this tool for several years 3
INFORMATIONAL MEMO
Page 2
and throughout the 2010 budget planning process to help gauge the long -term implications of
changes to revenues and expenditures. This is the tool that helped us earlier this year to
identify the estimated $9 million annual gap between forecast revenues and expenditures.
Attachment A has been updated to reflect the most current information available on likely
revenues and expenditures. Notable changes from the last version formally presented to the
City Council are as follows:
Operations Maintenance costs (General Fund departmental expenditures) decreased
by $1 25 million for 2011, with similar decreases in out years. The change is due to
quantifying actual expenditure requests for 2011 -2012 versus previous projections
based on previous year actual plus an arbitrary percentage. Departments have gone
beyond the program and service reductions in lowering their 2011 -2012 budget
requests. These additional reductions will be quantified and presented to Council as
part of the draft budget document on October 4th
Another component of the decreases O &M costs is the expected enactment of lower
PERS contribution rates by the State. Previous projections included PERS contribution
rates of 9.65% for 7/1/2011 6/30/2012 and 12.49% for 7/1/2012 6/30/2013. The
Pension Funding Council recently recommended lesser contribution rates (8.61% and
9.30 respectively), which is considerably lower than the recommendations by the
Office of the State Actuary Due to the funding difference, there is a growing gap
between current year contributions and the contributions needed to actually fully fund
future retirement benefits. Because of this gap, we have included in the Attachment A a
rough estimate of what that funding gap might be. The line "Estimated Unfunded PERS"
is based on an estimated unfunded liability of 3% of current salaries For 2011 this
amount is $772,000. This represents an estimate of the difference between actual
retirement fund contributions by the City, and those contributions needed to fully fund
retirement benefits. An option for Council might be to set aside this amount in a reserve
fund for when the legislature decides to not only fully fund current year contributions, but
also makes up for prior unfunded liabilities. If the decision to do so is made by the
legislature, the effect will be to dramatically increase the cost of retirement contributions
for the City. Setting aside the estimate on Attachment A would provide funding for this
increased cost which will almost certainly occur at some point.
Projections for certain revenue items (Real Estate Excise Taxes, Investment Interest and
Interfund Utility Taxes) were decreased. Additional analysis of prior actual cash
receipts, as well as the effect of utility rate changes on the interfund utility tax, resulted in
decreased projections of $801,000 for 2011, which is also carried forward throughout the
six -year financial plan.
In an effort to address the underfunding of critical capital infrastructure projects,
including residential streets, arterial street annual overlays, and other miscellaneous
projects, just over $6 million was added back into the capital program throughout the six
year financial plan. It should be noted that the revisions still do not provide funding for
many of the City's critical infrastructure needs such as facility improvements and
replacement and fire apparatus replacement
The result of this newer and more reliable information is a decrease in projected revenue of $4.4
million in total for all six years The decreased O &M expenses, due to declines in budget
requests by departments as well as lower than expected retirement fund contribution rates,
4 resulted in a total of $16.4 million less in expenditures throughout all six years. The estimated
W\ Steve\ BUDGET\ ProgServiceReductionsMemoSeptember 27.doc
INFORMATIONAL MEMO
Page 3
unfunded retirement fund contributions total $5.1 million for all six years, and an additional $6 1
million of expenses was added to the capital investment plan. These changes are summarized
in the table below, shown in total for the entire six -year financial plan (in 000's).
Ending fund balance (from 9/14 Council briefings) 3,270
Decreased revenue projections (4,405)
Decreased O &M expenses 16,445
Increase in projected retirement funding (5,121)
Increase in capital investments (6,085)
Other miscellaneous changes 18
Revised ending fund balance 4.122
Proposed 2011 2012 Program and Service Reductions
Attachment 2 is a matrix summarizing the proposed program and service reductions for 2011-
2012. As has been recognized throughout this challenging budget planning process, the
reductions necessary to meet city goals for financial sustainability will be very difficult.
Many of the proposed program and service reductions were presented to the City Council in
May and June of this year and are referenced as "Phase 1 Proposals" in Attachment 2 These
proposals were intended to meet the original $2.2 million program reduction target. These
reductions, together with the previously mentioned revenue increases, were the subject of a
Public Meeting held by the City Council on July 11, 2010 Additional measures necessary to
achieve the revised program and service reduction target are referenced as "Phase 2
Proposals."
The following is intended to assist in understanding the information presented by Attachment 2
The far -left column of Attachment 2 "Program identifies the specific program or City
Department for which reductions are proposed.
The next column "Proposal') briefly describes the specific proposed reduction.
The third column "Annual Budget Savings provides an estimate of the annual cost
savings for the individual proposals and a total savings figure (in bold type) for that
program or department. It is important to note that savings associated with specific
staffing reductions include both salary and benefit cost savings.
The column headed of Budget' indicates the percentage that the budget for the
referenced program or department will be reduced under the proposed program
reductions (in bold type).
The column headed "FTEs Reduced" provides the number of city staff positions (in "full
time- equivalents that are intended to be eliminated as part of each program reduction
proposal, and a total staff reduction (in bold type) for that program or department.
The final column "Percent Staff Reduction indicates the expected percentage reduction
in the referenced program or department staffing levels, compared to authorized 2010
staff levels.
The program and service reductions proposals summarized by Attachment 2 will be more fully
described at the September 27 Committee of the Whole meeting Department Directors will be
available to answer Council questions regarding the anticipated effect these actions will have on
the types and levels of service provided by their departments. In total, the proposed reductions
will result in a substantial change in the level of municipal services provided to our community
Wl SteveIBUDGETI ProgServiceReductionsMemoSeptember 27.doc 5
INFORMATIONAL MEMO
Page 4
Implementing these program and service reductions will result in annual budget savings
estimated at $4.16 million. While this is Tower than the $4.6 million revised goal, it will be
sufficient to maintain a positive fund balance at the end of the six -year financial planning period,
based on the updated and more accurate planning model (see Attachment 1).
The proposed program and service reductions summarized by Attachment 2 will result in a
reduction in City staff by an estimated 27 "full time equivalent" positions It is important to know
that due to a "hiring freeze" implemented earlier this year, a number of the positions that would
be eliminated under this proposal are already vacant. There are also vacancies in some
positions that are not proposed for elimination, and some employees may choose to apply for
the "Voluntary Separation Program" recently approved by the City Council. Thus, the number of
"layoffs" that will be needed to achieve the reduced staffing levels will be substantially lower
than 27 FTEs.
It should also be noted that the elimination of a specific position may not necessarily mean the
individual currently holding that position will be subject to layoff. The City's various contracts
with labor groups have provisions addressing how layoffs are to be accomplished. City
administration will seek to work closely with labor group representatives to ensure the provisions
of these contracts are followed
RECOMMENDATION
Information only.
ATTACHMENTS
1 Attachment 1: "Attachment A" (updated 09/22/2010 version)
2. Attachment 2. General Fund Program and Service Reductions (dated September 27,
2010)
6 W\ SteveI BUDGETIProgServiceReductionsMemoSeptember27 .doc
ATTACHMENT A
CITY OF TUKWILA 09/22/2010
TOTAL REVENUES EXPENDITURES
2011 2016 Analysis in 000's
REVENUES (see A -10 2011 2012 2013 2014 2015 2016 Totals Original Assumptions
General Revenues 3 00% Sales Tax
Sales Tax 15,400 15,631 15,865 16,103 16,587 17,084 96,671
Property Taxes 12,800 13,120 13,448 13,784 14,129 14,482 81,763 2.50% Property Taxes
Utility Taxes 4,500 4,635 4,774 4,917 5,065 5,217 29,108 3.00% Gambling Taxes
New Revenues 3,000 3,075 3,152 3,231 3,311 3,394 19,163 4 00% Other Revenue
Decr. Health lnsur. Prem. 1,000 1,030 1,061 1,093 1,126 1,159 6,468
Program Reductions 2,200 2,255 2,311 2,369 2,428 2,489 14,053 Revised Assumptions
Other Revenue Incr /E.xp Red 1,800 1,845 1,891 1,938 1,987 2,037 11,498
One -time sale of properly 2000 0 0 0 0 0 2,000 2011
Interfund Utility Taxes 1,349 1,431 1,559 1,651 1,770 1,862 9,622 0.00% Sales Tax (equal to 2008 actuals)
Gambling Taxes 1,977 2,036 2,097 2,160 2,225 2,292 12,788
ContractAgreement SCL 1,976 2,035 2,096 2,159 2,224 2,291 12,782 2.50% Property Taxes
Charges/Fees for Services 5,431 5,594 5,762 5,935 6,113 6,296 35,130 0 00% Gambling Taxes
Transfers In Other Funds 1,875 1,931 1,989 2,049 2,110 2,174 12,128 2.00% Other Revenue
Intergovernmental Revenue 922 950 978 1,007 1,038 1,069 5,964
Other Taxes/Miscellaneous 1,640 1,689 1,740 1,782 1,846 1,901 10,608
Subtotal 57,870 57,257 58,725 60,189 61,958 63,747 359,746 2012 2014
Dedicated Revenues (Capital) 1.50% Sales Tax
Real Estate Taxes 250 258 265 273 281 290 1,617 2.50% Property Taxes
tvtotor Vehicle Taxes 455 469 483 497 512 527 2,943 3.00% Gambling Taxes
Investment Interest/Misc. 100 103 106 109 113 116 647 3.00% Other Revenue
Property Taxes 130 130 130 130 130 130 780
Parking Taxes 140 140 140 140 140 140 840 2015 2016
Transfers from Golf Course 0 0 150 150 175 175 650
Subtotal 1,075 1,099 1,274 1,300 1,351 1,378 7,477 3.00% Sales Tax
TOTAL- REVENUE AVAILABLE 58,945 58,357 59,999 61,489 63,309 65,125 367,223 l
1 EXPENDITURES 1
Operations& Maintenance: 48,401 49,109 51,319 53.628 56,042 58,563 317,062
(See Attachment B)
Howard Hanson Dam Response 1,700 300 0 0 0 0 2,000
Debt Service 3455 3,447 3,532 3,593 3,104 2,874 20,005
Transfer to Reserve Fund 1,256 2,573 3,958 5,408 0 0 12193
Estimated Unfunded PERS 772 803 835 868 903 939 5,121
Admin/Engineering Overhead 300 309 318 328 338 348 1,941
Subtotal Available 3,061 1,816 36 (2,334) 2,923 2,401 7,902
Capital Attachment C
Residential Streets 150 300 0 200 300 3,000 3,950
Bridges 145 205 205 270 1,470 270 2,565
Arterial Streets 2,036 2,632 2,317 2,100 1,795 1,675 12,555
Parks Trails 521 409 163 237 257 286 1,873
General Government
Facilities 101 0 0 0 0 0 101
General Improvements 500 500 500 500 500 500 3,000
Fire Improvements (50) (50) 0 0 0 X55) 55)
Subtotal Capital 3,403 3,996 3,185 3,307 4,322 5,676 23,889
Balance by Year (342) (2,180) (3,149) (5,641) (1,399) (3,275) (15,987)
Carryover from 2010 20,109 0 0 0 0 0 20,109
Accumulated Totals 19,767 17,587 14,438 8,797 7,397 4,122
Notes
Carryover Estimates at 09/8/10 Reserve Percentage
General Fund 6,089 4% 2011
Street Fund 320 8% 2012
Arterial Street Fund 6,500 12% 2013
Land Acq Parks Devel. 4,800 16% 2014 -2015
Facility Replacement 2,000
Gen. Gov't. Improvements 400
Total 20.109
Decreased sales tax projection for 2011 to be $14 1M (2.1 decrease from 2009),
plus $1 3M mitigation.
7
8
(Attachment 2: September 27. 2010 (p. 1)
GENERAL FUND PROGRAM AND SERVICE REDUCTIONS
ANNUAL PERCENT
BUDGET FTEs STAFF
PROGRAM PROPOSAL SAVINGS OF BUDGET REDUCED REDUCTION
I I I I
Boards and
Commissions
Phase 1 Proposal
Reduce Arts Commission Budget 21,500 1
Reduce Equity Diversity Budget 3,100
Reduce Sister City Committee Budget 2,850
27,450 50% I 1
'City Council Phase 1 Proposal
Reduce "Other Services /Charges" "Supplies" 5,000
5,000 2%
I I
Mayor's Office Phase I Proposal 1
I Eliminate "Analyst" position 1 100,0001 1.0
1 Modify contracting for legal services 50,000
1 Phase 2 Proposal
Reduce DC Representative contract 52,0001
Eliminate Olympia Rep contract 48,0001
Reduced Civil Service expenses 1 8,900
(Eliminate 1 FTE City Clerk's Office 80,500 1.01
339,4001 13% 2.0 14%
m
1
0
Attachment 2: September 27, 2010 (p. 2)
GENERAL FUND PROGRAM AND SERVICE REDUCTIONS
ANNUAL PERCENT
BUDGET FTEs STAFF
PROGRAM PROPOSAL SAVINGS OF BUDGET REDUCED REDUCTION
DCD Phase I Proposal
I Reduce 1 FTE electrical inspector 94,500 1.0
Reduce level of graphics and mapping 45,800 0.5
Cross -train permit technicians 46,500 0.5
Transition to lower -cost GIS 17,080
Fund staff through housing program rev. 80,000
Reduce capacity for unanticipated needs 16,120
Phase 2 Proposal
I Eliminate Code Enf adm support 1/2 FTE 30,023 0.5
Reduce Plan Review 1/2 FTE 45,112 0.5
Bring recycling contract in -house 18,000
Reduce capacity for unanticipated needs 82.675
I 475,810 15% 3.0 12%
'Municipal Crt. Phase I Proposal
I Reduce Court, Probation Parole expend. 6,000
I Phase 2 Proposal
Reduce Administrative Support 60.631 1.0
66,631 6% 1.0 10%
Attachment 2: September 27. 2010 (D. 3)
GENERAL FUND PROGRAM AND SERVICE REDUCTIONS
ANNUAL PERCENT
BUDGET FTEs STAFF
PROGRAM PROPOSAL SAVINGS OF BUDGET REDUCED REDUCTION
I
Human Srvc. (Phase I Proposal
1 Maintain current level of support for CSC 0 I
I
Phase 2 Proposal
Reduce CSC contract 30,000
Eliminate contingency fund 15,800
I 45,800 8% I 0 0%
I
I
I IT Dept. Phase I Proposal I I
I Reduce cell phone expenses I 10,000 I
Misc. budget reductions I 14,500
Reduce MS Office licensing costs I 27,000
Reduce PC specs /extend rotation period 63,000
Phase 2 Proposal
Eliminate Hazelnut; Rec program to P &R 72.000 I 0.5
I 186,500 17% I 0.5 6%
I I
Attachment 2: September 27. 2010 (p. 4)
GENERAL FUND PROGRAM AND SERVICE REDUCTIONS
ANNUAL PERCENT
BUDGET FTEs STAFF
PROGRAM PROPOSAL SAVINGS OF BUDGET REDUCED REDUCTION
Public Works Phase I Proposal
Eliminate Development Engineer position 101,050 1.0
Reduce CERTTraining Program 44,500 0.5
Reduce Street Maintenance level of service 71,500 1.0
Reduced bridge overlay programs 137,500 1.0
Eliminate Dump Pass /Neighborhood Cleanup 32,500
Phase 2 Proposal
Elim. 6300 mgmt /custodial service 50,000
Elim. City Hall landscape service 10,500
Modify 800 MHz radio replacement 25,000
Streetlight power savings 32,500
Reduce exp. video /fiber upgrades 50,000
Reduce annual signal upgrades 50,000
605,050 9% 3.5 5%
!Parks Rec. Phase 2 Proposal
Eliminate Assistant Director position 139,800 1.0
Reduce 1.0 FTE Rec Specialist 73,400 1.0
Reduce 2.0 FTE Admin Supt Assist 123,400 2.0
Reduce 1.5 FTE Maintenance Specialist 112,400 1.5
Reduce maintenance supplies /water /misc 30,500
Reduce recreation program offerings* 120,000
Net new revenue 145,000
744,500 18% 5.5 20%
(Attachment 2: September 27, 2010 (p.5)
GENERAL FUND PROGRAM AND SERVICE REDUCTIONS
I I
ANNUAL PERCENT
BUDGET FTEs STAFF
PROGRAM PROPOSAL SAVINGS OF BUDGET REDUCED REDUCTION
1 1
Foster Golf Reduce General Fund Subsidy 62,0001 1
62,0001 1
1 1
1
Police Phase I Proposal
Reduce 1.0 FTE Crime Prevention 102,000 1.0
1 Phase 2 Proposal I
Reduce 1 FTE Traffic Division 102,000 1.0
Reduce 1 TAC Team position 102,000 1.0
1 Convert 3 Positions to "Pipeline" 26,000
Reduce OT, misc. expenses 170,6001
502,6001 4% 3.0 4%
1
I
!Fire Dept. Phase I Proposal I
1 Reduce Admin Support Tech to 3/4 time 21,3001 0.25
1 Reduce Fire Prev. by one Captain position 104,4471 1.0
Reduce min staffing to 13 to reduce OT costs 100,0001
Phase 2 Proposal 1 1 I
Reduce min staffing to 12 (replace FS #52 Engine
w /Aid Car) 309,162 3.0
1 534,9091 5% I 4.251 6%
1 1 1 1
CO
(Attachment 2: September 27, 2010 (p.6)
GENERAL FUND PROGRAM AND SERVICE REDUCTIONS
I I I
ANNUAL PERCENT
BUDGET FTEs STAFF
PROGRAM PROPOSAL SAVINGS OF BUDGET REDUCED REDUCTION
I I I I
Investigate forming a MPD or partner to fund
continuing operations; or alternatively close the
Tukwila Pool pool by September 2011. 450,000 3.75
I
IHR Dept. Phase 2 Proposal
Eliminate Extra Labor budget 3,500
Reduce supplies 2,500
Reduce Professional Services 6,000
Reduce Com, Travel, Advertising 16.000
28,000 2% 0 0%
Finance Dept. Phase 2 Proposal
Eliminate 1 Fiscal Specialist 86.201 1.0
86,201 5% 1.0 8%
I
TOTAL PROGRAM
SERVICE
REDUCTIONS 4,159,851 27.50
I 1
i
COUNCIL AGENDA. SYNOPSIS
C LA pi,
ti q� Inatealr ITEMNO.
t
Z I MeetinDate Prepared by Ma r av Council revaeav f.. 0 I 09/27/10 LM A I
0 10/04/10 I LM
90:
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ITEM INFORMATION
CAS NUMBER: 10-106 IORIGINALAGENDA DATE. SEPTEMBER 27, 2010
AGENDA ITEM TITLE Consultant Services Contract for Tukwila Urban Center (TUC) Plan Stakeholder
Outreach Support Process
CAT! x;()Ry N Discussion Motion Resolution Ordinance Bad Award Public Hearing Other
Mtg Date 09/27/10 Mtg Date 10/04/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fare El Legal P&R Police PW
SPONSOR'S The Department of Community Development proposes to use a consultant to assist with a
SUMMARY stakeholder involvement process to develop refinements for the TUC Plan. The firm of
CollinsWoerman was selected to lead the stakeholder outreach support process, to be
paid for using Transit Oriented Development (TOD) grant funds. The City Council is being
asked to consider their contract and forward it to the Council's regular meeting on October
4 for approval.
RIsVI I,WED BY I I COW Mtg. CA &P Cmte F &S Cmte I I Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 09/13/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Forward to Committee of the Whole for consideration approval
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$71,937 $0.00 $0.00
Fund Source: TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT
Comments
MTG. DATE I RECORD OF COUNCIL ACTION
1 09/27/10 I
MTG. DATE ATTACHMENTS
09/27/10 I Informational memorandum dated 9/7/10
Consultant Agreement
Minutes from the Community Affairs and Parks Committee of 09/13/10
10/04/10 I
15
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y City of Tukwila
%a Jim Haggerton, Mayor
90 INFORMATIONAL MEMORANDUM
TO: Community Affairs Par Committee
FROM: Jack Pace, DCD Director
DATE: September 7, 2010
SUBJECT: Consultant Services for TUC Plan Stakeholder Outreach and Support Process
ISSUE
Consider a contract with CollinsWoerman to lead a stakeholder outreach and support process related
to the Tukwila Urban Center (TUC) Plan. The contract amount is $71,937, to be paid for using funds
from the existing Transit Oriented Development federal grant.
BACKGROUND
From March May 2009 the Planning Commission held a public hearing and 3 worksessions on the
draft TUC Plan. In May, the Planning Commission directed DCD staff to review the comments
received from the public on the draft Southcenter Plan and propose revisions to address the issues
raised.
Staff responded to concerns regarding the economic feasibility of the vision and the draft
development regulations by contracting for additional analysis with ECONorthwest, the consultant
that prepared economic and market analyses during the preparation of the first draft of the plan.
ECONW presented their recommended revisions to the development standards and changes to the
implementation strategies to the Planning Commission on December 10
In March 2010, staff provided a briefing on the status of the draft Plan for the Southcenter area and
ECONW's findings to the Community Affairs Parks Committee.
Since that time, staff has reaffirmed key aspects of the TUC vision, particularly related to street
design, with Tukwila's Fire and Public Works Departments. The outcome of this process was a set of
roadway cross sections for new and existing streets that provide for the access needs of emergency
response vehicles, automobile truck traffic, bicycles, pedestrians, and transit.
DISCUSSION
Almost all stakeholders commenting on the draft plan agreed the City's vision is the right long -term
goal for development in the TUC. The conflict, however, was in how and when the vision should be
implemented.
To gain property and business owner support for the draft urban center vision and draft Plan, staff
proposes moving forward with establishing a stakeholders' process to address key issue areas that
were identified by ECONW and/or raised during the public comment period. The process will allow
the consultant /staff team to work out the individual concerns of the stakeholders, with the anticipated
W \Long Range Projects\ SouthcenterPlan \CollinsWoerman \CollinsW contract_CAP2.doc 09/07/2010 1 7
INFORMATIONAL MEMO
Page 2
outcome of a set of regulatory refinements to the draft Plan that work for both the stakeholders and
the City.
CollinsWoerman was selected because of their strength in land use planning and real estate
redevelopment experience (including residential mixed use and retail projects) skills that are needed
at this stage in the planning process to successfully strategize with developers and "get them to yes
A related local experience includes leading a process for the City of Bellevue that aligned the city
and a wide range of often polarized stakeholders during their urban center planning process,
ultimately creating a more pedestrian- oriented environment that reduces the downtown's "super
block" scale. In addition, CollinsWoerman has strong regulatory experience, and understands the
form -based code structure of Tukwila's urban center plan, having led the development of model
form -based code standards for King County.
Attached is a copy of the proposed contract for services with CollinsWoerman. The process is
anticipated to take approximately 5 months, however if we have difficulty meeting with our
stakeholders during the busy holiday shopping season the timeline may shift further into 2011. The
process will consist of the following phases:
1. Framework initial stakeholder outreach; summarizing key issues
2. Refinements defining stakeholder City priorities, needs and options
3. Consensus testing options internally; presenting system of refinements to stakeholders;
finalizing the refinement system
4. Approval seeking internal and stakeholder endorsements; presenting plan refinement system
to the Planning Commission
Critical to a successful process are the following tasks:
1.Broad outreach to community early on to solicit stakeholder interest
2.Including other City Departments in the process
3.Providing process updates for the Planning Commission at key points
4.Outreach to stakeholders on an individual basis
5.Public Open House on draft Refinements
Project Funding is as follows:
Federal Transit Oriented Development Grant: $71,937
We anticipate using about half of the budget in 2010 but if the timeline shifts further into 2011
expenditures will shift accordingly.
RECOMMENDATION
The CAP is being asked to recommend approval of the contract for services with CollinsWoerman,
and forward it for consideration to the September 27, 2010 Committee of the Whole meeting and
subsequent October 4, 2010 Regular Meeting for approval.
ATTACHMENTS
A. Local Agency Standard Consultant Agreement for CollinsWoerman
1 8 W \Long Range Projects\ SouthcenterPlan \CollinsWoerman \CollinsW contract_CAP2.doc 09/07/2010
Local Agency Consultant/Address/Telephone
CollinsWoerman
Standard Consultant 710 Second Ave, Suite 1400
Agreement Seattle, WA 98104 -1710
Architectural /Engineering Agreement
Personal Services Agreement
Agreement Number 206.245.2151
LA 5377 Project Title And Work Description
Federal Aid Number Tukwila Transit Oriented Development at
TCSP TCSP (010) Longacres /Tukwila Urban Center Plan Services
Agreement Type (Choose one) related to Stakeholder Outreach and Support
Process
Lump Sum
Lump Sum Amount
El Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method DBE Participation
Actual Cost Yes El No
Federal ID Number or Social Security Number
Actual Cost Not To Exceed
93- 0639592
Fixed Overhead Rate Do you require a 1099 for IRS? Completion Date
Fixed Fee Yes No October 31, 2011
Specific Rates Of Pay Total Amount Authorized 71,937.00
Negotiated Hourly Rate
Management Reserve Fund
Provisional Hourly Rate
Cost Per Unit of Work Maximum Amount Payable 71,937.00
Index of Exhibits (Check all that apply):
Exhibit A -1 Scope of Work Exhibit G -2 Fee -Sub Specific Rates
Exhibit A -2 Task Order Agreement Exhibit G -3 Sub Overhead Cost
Exhibit B -1 DBE Utilization Certification Exhibit H Title VI Assurances
Exhibit C Electronic Exchange of Data Exhibit I Payment Upon Termination of Agreement
Exhibit D -1 Payment Lump Sum Exhibit J Alleged Consultant Design Error Procedures
Exhibit D -2 Payment Cost Plus Exhibit K Consultant Claim Procedures
Exhibit D -3 Payment Hourly Rate Exhibit L Liability Insurance Increase
Exhibit D -4 Payment Provisional Exhibit M -1 a Consultant Certification
Exhibit E -1 Fee Lump/Fixed/Unit Exhibit M -lb Agency Official Certification
Exhibit E -2 Fee Specific Rates 0 Exhibit M -2 Certification Primary
Exhibit F Overhead Cost Exhibit M -3 Lobbying Certification
Exhibit G Subcontracted Work Exhibit M -4 Pricing Data Certification
Exhibit G -1 Subconsultant Fee App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this day of
between the Local Agency of City of Tukwila Washington, hereinafter called the "AGENCY"
and the above organization hereinafter called the "CONSULTANT
DOT Form 140 -089 EF Page 1 of 8
Revised 3/2008
19
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
2 0 Page 2 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the teiiiis 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
21
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.
22 Page 4 of 8
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 terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the 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 fmd 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
23
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.
24 Page 6 of 8
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 Depai lment 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
25
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 B
Consultant CollinsWoerman Agency City of Tukwila
DOT Form 140 -089 EF
2 6 Revised 3/2008 Page 8 of 8
EXHIBIT A
Tukwila Urban Center Plan Refinement Program
CollinsWoerman
Scope of Work
Phase
Action
Description
1 FRAMEWORK
a. Prepare Baseline Conflicts Report: Include All Public Staff Insights
City staff, with assistance from CollinsWoerman, will prepare a baseline conflicts report
to guide the Refinement Program. Report will include description of issues, advocates
and an assessment of potential for refinement of the controversial regulatory language.
b. Provide Process Update for Planning Commission
City staff and CollinsWoerman staff will meet with the Planning Commission to provide a
Refine Program process update
c. Internal Workshop: Key Stakeholders Key Issues
CollinsWoerman and City staff will meet to go over the Baseline Conflicts Report, the
concerns of key stakeholders, and common concerns. Key issues will be identified and
discussed in terms of best approach to address them, potential conflicts with City
priorities /requirements, and process to prepare for outreach to key stakeholders.
d. Electronic Outreach to All Stakeholders
City staff and CollinsWoerman will collaborate in preparing a message to all
stakeholders who have identified themselves as having concerns about the TUC Plan
regulatory elements. The message will advise the stakeholders of the refinement
process and invite additional input. The message will be sent by City staff. Responses
will be directed to City staff as well.
e. Outreach to Key Stakeholders
CollinsWoerman will meet with up to ten key stakeholders to discuss key issues, degree
of concern, ideas for regulatory refinements that could meet both City and stakeholder
needs. City staff will make first contact with key stakeholders to advise them of the
intent to meet with them. CollinsWoerman will follow up to make appointments and
meet directly with the stakeholders at a location convenient to the stakeholders. In this
first round, meetings will not include City staff.
City staff will interview other City departments to discuss and clarify all concerns and
potential objections to the current set of TUC regulatory recommendations.
CollinsWoerman will meet separately with the Fire Department for the same purpose.
DELIVERABLE: Stakeholder Issues Memo
27
f. Prepare Refinement Framework
City staff will collaborate with CollinsWoerman to prepare a framework of baseline
values, standards and priorities to evaluate all feedback from stakeholders. This
framework will identify areas of flexibility, non negotiable regulations, and maxims for
outreach and negotiation. In future tasks, all potential refinements identified in the
outreach process will be cross checked against this framework to ensure consistency in
decision making and recommendations.
DELIVERABLE: Refinement Framework Report
2 REFINEMENTS
a. Define Strategic Refinement Needs
Based on input from Phase 1, CollinsWoerman will prepare a report for the City
identifying strategic refinement needs. The report will update, clarify and evaluate key
issues. Refinement options, in the context of the Framework, will be identified.
Regulatory language that may have potential for flexibility in its composition, without
impacting non negotiable intent, also will be identified.
DELIVERABLE: Strategic Options Report
b. Evaluate Form -based Code for User friendliness; Best Practices
CollinsWoerman will provide a general assessment of the utility, clarity, and user
friendliness of the City's TUC form -based code regulations. Conformity with best
practices also will be considered. Recommendations for refinements to the Form -based
Code will be provided.
DELIVERABLE: Form -based Code Evaluation Recommendations Memo
c. Refinement Options Workshop with City
CollinsWoerman will meet with City staff to present and discuss the refinement options
identified in the Strategic Options Report. During the workshop, City staff, together
with CollinsWoerman, will develop a set of draft refinement recommendations. These
draft recommendations will then be further analyzed for efficacy and appropriateness.
d. Refinement Options Performance Analysis
Draft recommendations will be tested against the Refinement Framework. Efficacy,
appropriateness and ability to address stakeholder concerns without compromising City
priorities will be assessed. Relative merits of recommendations and optional
language /tools will be identified.
DELIVERABLE: Options Performance Analysis Report
e. Staff Workshop
CollinsWoerman will meet with City staff to consider the Refinement Options
Performance Analysis. A preliminary set of Refinement Recommendations will be
identified for further consideration. Participants will identify best methods,
communications tools and approach for presenting refinements to stakeholders. The
28
form of the preliminary Refinement Recommendations summary also will be
considered.
3 CONSENSUS
a. Test Refinements on Other City Departments
City staff will meet with all other appropriate City Departments except the Fire
Department to introduce, discuss and seek feedback on preliminary Refinement
Recommendations. CollinsWoerman will meet with the Fire Department for the same
purpose. Feedback will be summarized as appropriate in memo format.
DELIVERABLE: Feedback Summary Memo
b. Personal Outreach to Stakeholders
With City staff, CollinsWoerman will conduct a second round of outreach to key
stakeholders in face -to -face meetings. Preliminary Refinement Recommendations will
be introduced and discussed to ensure clarity. Feedback will be requested. It is
anticipated that most feedback will occur through follow -up correspondence due to the
complexity and importance of the collective set of regulations.
c. Summarize Stakeholder Feedback
As soon as feedback from key stakeholders is received, CollinsWoerman will summarize
the feedback for further consideration by City staff. Common themes, concerns,
opportunities and areas of agreement will be highlighted.
DELIVERABLE: Stakeholder Feedback Memo
d. Build Draft Amendment "System Compare to Original Plan
After a workshop with City staff to review and evaluate feedback findings,
CollinsWoerman will prepare a draft set of Refinement Recommendations that reflect
City staff guidance. City staff will edit the draft set for errors, omissions and clarity.
DELIVERABLE: Draft set of Refinement Recommendations Memo
e. Provide Process Update for Planning Commission
City staff and CollinsWoerman will provide a process update to the Planning
Commission.
f. Present System to Stakeholders
Together with City staff, CollinsWoerman will meet directly with key stakeholders to
present and discuss the draft set of Refinement Recommendations. Stakeholders will be
invited to comment on the draft set, in the form of a letter to City staff. Where
stakeholders are in alignment with Recommendations, they will be invited to offer
explicit endorsements. Feedback will be systematically recorded and summarized. It is
likely that key stakeholder feedback may come in the form of follow -up letters of
response.
29
g. Open House for All Stakeholders
City staff will host an open house for all stakeholders to introduce, discuss and seek
feedback on the draft set of Refinement Recommendations. Feedback will be
systematically recorded and summarized by City staff.
h. Internal Amendment Workshop
City staff and CollinsWoerman will meet to prepare a final draft set of recommendations
for Refinements, in the form of "Amendments" to Book 2 of the TUC Plan. City staff will
be responsible for reviewing detailed language. CollinsWoerman will guide the systemic
approach and priorities to establish consensus support for amendments. It is
understood that CollinsWoerman is not expected to rewrite Book 2.
DELIVERABLE: Final Draft set of Recommendations for Refinements
i. Prepare Final Draft Amendment System
CollinsWoerman will assist City staff in preparing a final draft Amendment system.
Materials will be prepared in a format organized to support an efficient Amendment
process for Book 2 of the TUC Plan.
4 APPROVAL
a. Seek City Departments Endorsements
City staff will meet with all appropriate City Departments except the Fire Department to
seek endorsements of the Final Draft Amendment System. CollinsWoerman will meet
with the Fire Department for the same purpose.
b. Seek Stakeholder Endorsements
CollinsWoerman will seek key stakeholder endorsement of the Final Draft Amendment
System. City staff will reach out by email to all stakeholders to seek endorsement of the
Final Draft Amendment System. City will include a summary introduction to the
Amendments, how they were prepared and the Amendment System.
c. Prepare Refinement System Presentation for Planning Commission
City staff will prepare a comparison of the original regulatory system to the refinements
in the Final Draft Amendment System. City staff and CollinsWoerman will prepare
materials for presentation to the Planning Commission.
DELIVERABLE: Presentation: Power Point Package
d. Seek Stakeholders to Testify in Favor of Refinement System
CollinsWoerman will reach out to key stakeholders to request testimony and written
endorsements in favor of the refinement system. Responses of all kinds will be
submitted to City Staff.
e. Present Amendment System to Planning Commission
City staff and CollinsWoerman will make a presentation to the Planning Commission of:
30
Refinement /Amendment framework and process
Outreach process and summary of results
Key issues
Approach to Amendment System
Amendment System recommendations
31
Exhibit C
Electronic Exchange of Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the
consultant is to use in preparing electronic files for transmission to the agency. The format and standards to
be provided may include, but are not limited to, the following:
I. Surveying, Roadway Design Plans Preparation Section
A. Survey Data
B. Roadway Design Files
C. Computer Aided Drafting Files
D. Specify the Agency's Right to Review Product with the Consultant
E. Specify the Electronic Deliverables to Be Provided to the Agency
F. Specify What Agency Furnished Services and Information Is to Be Provided
II. Any Other Electronic Files to Be Provided
III. Methods to Electronically Exchange Data
A. Agency Software Suite
B. Electronic Messaging System
C. File Transfers Format
DOT Form 140 -089 EF Exhibit C
Revised 6/05
32
Exhibit D -3
Payment (Negotiated Hourly Rate)
'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. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.
1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made
part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month
period and shall be subject to negotiation for the following twelve (12) month period upon request
of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or
subsequent twelve (12) month periods within ninety (90) days after completion of the previous
period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the
AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead,
and fee. The CONSULTANT shall maintain support data to verify the hours billed on the
AGREEMENT.
2. 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 Costs."
b. The billing for Direct Non -Salary Costs shall include an itemized listing of
the charges directly identifiable with 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 sery ices provided under this
AGREEMENT.
3. 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 the lesser of $100,000 or 10% o f 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."
DOT Form 140 -089 EF Exhibit D -3
Revised 6/08
33
4. 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.5. Monthly Progress Payments: Progress
payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The
monthly billing shall be supported by detailed statements for hours expended at the rates
established in Exhibit "E", including names and classifications of all employees, and billings for
all direct non -salary expenses. To provide a means of verifying the billed salary costs for the
CONSULTANT'S 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.
6. 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.
7. 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.
34
Exhibit E -2
Consultant Fee Determination Summary Sheet
(Specific Rates of Pay Fee Schedule)
Overhead ChargedRate
Hourly Rate Profit Rate Per Hour Per Hour
180 %I 10%
Arlan Collins 127.40 229.07 1 35.65 392.11 250 00
Tom Hudson 84 13 151.27 1 23 54 258 94 225 00
Harold Moniz 67.31 121.02 1 18.83 207.17 150 00
Associate Planner 46.30 83.25 1 12 95 142.50 115.00
35
Exhibit F
Breakdown of Overhead Cost
Costs ro of Direct Labor
Direct Labor 1 2,377,061
Overhead Expenses
Fica 1 178,962 7.53%
Unemployment FUTA SUI 1 46,294 1.95%
Health Ins 1 273,778 11.52%
Workers Comp 1 4,625 0.19%
VAC/ HoI/ Sick 1 309,215 13.01%
401K 1 66,818 2.81%
Total Direct Fringe M 879,692 37.01%
General Overhead
B &O 1 241,717 10.17%
Insurance 1 135,728 5.71%
Admin. Salaries 1 1,815,375 76.37%
Printing /Stationary 71,221 3.00%
Professional Services 213,773 8.99%
Travel Not Assigned 49,707 2.09%
Telephone 38,592 1.62%
Fees, Dues, Meetings 19,574 0.82%
Maintenance 7,574 0.32%
Professional Development 13,890 0.58%
Rent 418,406 17.60%
Equip. Support 358,440 15.08%
Postage 5,033 0.21%
Total General Overhead 3,389,030 142.57%
Total Overhead General Fringe) 4,268,722 179.58%
Overhead Rate Total OH /Direct Lab d 179.58%
36
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 deteithined 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 6/05
37
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.
38
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
39
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
40
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.
41
Exhibit M -1(a)
Certification Of Consultant
Project No.
Local Agency City of Tukwila
I hereby certify that I am and duly authorized
representative of the firm of CollinsWoerman whose address is
710 Second Ave, Suite 1400, Seattle, WA 98104 -1710 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.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
42
Exhibit M-1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila
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.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
43
�o, City o f 1 ukwila
v, �i
.3 0, Community Affairs and Parks Committee
.190
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
September 13, 2010 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Joe Duffie, Chair; Joan Hernandez and Verna Seal
Staff Jack Pace, Lynn Miranda, Nora Gierfloff, Derek Speck and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5:01 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Consultant Agreement: Stakeholder Outreach for Tukwila Urban Center Plan
Staff is requesting Council approval to enter into a contract with CollinsWoerman in the amount of
$71,937.00 to lead stakeholder outreach related to the Tukwila Urban Center.
Staff gave a brief overview of the work that has been conducted to date on the Tukwila Urban Center Plan.
l The last action taken by the Planning Commission was to request staff to conduct additional analysis and
further consideration of public comment. This past March, staff provided the Committee with an economic
analysis conducted by ECONorthwest, and they are now seeking approval to secure assistance from a
public involvement consultant.
Committee members asked questions relative and appropriate to the consultant agreement with
CollinsWoerman. The monies for this project are funded solely by the existing Transit Oriented
Development federal grant. No cost overruns are anticipated or will be funded. The public involvement
process is anticipated to take five months. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER
27 COW FOR DISCUSSION.
B. 2010 2n Ouarter Reports
The Committee reviewed the status of program goals as outlined in the 2010 2n Quarter Report, and asked
questions as appropriate.
Committee members were complimentary of DCD being instrumental in the Tukwila receiving the "Best
Workplace for Recycling and Waste Reduction" award from King County. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 5:41 p.m.
Next meeting: Monday, September 27, 2010 5:00 p.m. Conference Room #3
trj
Committee Chair Approval
MiMMfes by KAM. Reviewed by NG.
44
COUNCIL AGENDA SNoPsIs
CIILA k t Inztzals ITEMNO.
�y 1 Meeting Date 1 Prepared by Mayoriv 1 /Cgunczl,�evtezv
E 1 09/27/10 BL 1 4 I (1, A'
1 1= w -2 10/04/10 BL
10-107 ITEM INFORMATION
CAS NUMBER. I ORIGINAL AGENDA DATE: SEPTEMBER 27, 2009
Ac 1.1\11)A ITEM TITLE Purchase of Police Command Vehicle
C 1'1?GORY Disc- usszon 0 Motion Resolution Ordinance n Bid Award Public Hearing Other
Mtg Date 09/27/10 Mtg Date 10/4/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
1SP )NSOR Counczl Ma Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S The Police Department will brief the City Council on the purchase of an Incident Command
SUMMARY Vehicle and request authorization for expenditure of grant funds, bond funds, and narcotic
seizure funds for purchase of the vehicle.
RI•1\'I1?WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. n Planning Comm.
DATE: 9/21/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Police Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$523,000
Fund Source $269,000- SEIZURE FUND, $104, 000 -3AG STIMULUS GRANT $150,000 -BOND MEASURE
Comments: JAG STIMULUS GRANT IS TIME LIMITED,
1 MTG. DATE I RECORD OF COUNCIL ACTION
09/27/10 1
MTG. DATE I ATTACHMENTS
09/27/10 Informational Memorandum dated 9/14/10
10/04/10
45
46
(r34IL.4 ti,, A 1ti City of Tukwila i Jim Haggerton, Mayor
4.
kl' ‘,.,,A
90 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Don Lincoln, Assistant Chief of Police
DATE: September 14, 2010
SUBJECT: Police Department Incident Command Vehicle
ISSUE
The City of Tukwila is in need of an Incident Command Vehicle to support all hazard
emergencies within the City of Tukwila.
BACKGROUND
For some years the Police Department has recognized the need for an incident command
vehicle used primarily for Valley SRT Full Team call outs and other city incidents and
emergencies such as natural disasters, floods, or man -made events. The Police Department
has received approximately $104,000.00 by way of Justice Assistance Stimulus Grant funds to
be used towards the purchase of an Incident Command vehicle. Additionally, the City of Tukwila
passed a bond measure (Ordinance No. 2296) that provides $150,000.00 towards the
purchase. This combined with the availability of funds in the Police Department's narcotic
seizure account has presented us with the opportunity to fulfill this critical need and will
substantially increase the City of Tukwila's ability to manage critical incidents.
DISCUSSION
The Vehicle:
This mobile platform will allow for the rapid deployment of the necessary equipment and
technology as well as incident management for incidences occurring within the City of Tukwila.
This is a 38 foot Freightliner platform equipped with diesel engine and generators. The vehicle
incorporates up -to -date technology and provides for redundant communications to include
digital, analogue and satellite telephone and internet.
City Wide Cooperation:
Directors and subject matter experts from the Fire Department, Public Works and IT
departments have been consulted and have incorporated numerous cost saving and operational
ideas to ensure the vehicle meets all city needs. There is a consensus on the design and
equipping of the command vehicle.
Uses:
This platform will be available to facilitate the effective management of large scale emergencies
such as Police, Fire and Public Works incidences and other city functions. Some recent
examples of such incidents where this platform would be used include The Rock N' Roll
Marathon, Tukwila Days, 4 at The Fort and large scale Police and Fire responses along with
continuity of operations in the event our current structure becomes uninhabitable as a result of a
natural or man -made disaster.
47
INFORMATIONAL MEMO
Page 2
Cost and Purchase:
Cost for this platform and supporting communications and surveillance equipment is
$523,000.00. The Command Vehicle will be purchased under a GSA Cooperative Purchasing
Agreement Contract Number GS- 30E- 0008N.
Seizure Account Expenditure Justification
The day -to -day use of this command vehicle is for SRT call outs in support of narcotics
enforcement. During a 3 year review of Valley SRT full team call outs we find that for 2007,
70% were drug enforcement related. Additionally in 2008 70% were drug enforcement related
and in 2009, 87% were drug enforcement related. These percentages represent the number of
"full team call outs" as opposed to partial team deployments.
RECOMMENDATION
The Council is being asked to consider the purchase of an Incident Command Vehicle in the
amount of $523,000.00, with the use of funding in the amount of $104,000.00 from the Federal
Stimulus Program Justice Assistance Grant; funding from Tukwila Bond Ordinance #2296 in the
amount of $150,000.00; and funding from the narcotic seizure account in the amount of
$269,000.00.
The Council is being asked to consider this issue at the September 27, 2010 Committee of the
Whole and subsequent October 4, 2010 Regular meeting.
ATTACHMENTS
None
48
!��aW
\s City Of Tukwila
`LL:
Finance and Safety Committee
N
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
September 21, 2010 5 :00 p.m.; Conference Room #3
PRESENT
Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy
Staff: Shawn Hunstock, Dave Haynes, Bruce Linton, Mary Miotke, Marty Grisham, Bob Giberson
and Kimberly Matej
CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Police Department: Incident Command Vehicle
At the August 17, 2010, Finance Safety Committee meeting, the Committee gave unanimous
recommended approval for the purchase of an Incident Command Vehicle for approximately $500,000,
plus applicable sales tax (see Committee minutes dated 08/17/10). The item was forwarded for discussion
to a future COW as the Committee was waiting for staff to return with a request for sole source (vendor)
authorization. Pending that request, all information, based on Committee recommendation, would be
forwarded to the same COW for discussion.
Staff has since determined that a sole source authorization is not required since the purchase will be made
under a GSA Cooperative Purchasing Contract (No. GS- 30E- 0008N). Given this information, staff is
requesting the purchase of the Incident Command Vehicle move forward to a date certain. Staff
highlighted some changes made to the informational memo which includes an outline of City -wide
cooperation identifying needs across departments. The vehicle's life expectancy is 10 -15 years.
In the interest of time at the September 27 COW, the PowerPoint presentation given at the August 17
Finance Safety Committee meeting will be provided to Councilmembers under separate cover via hard
copy and e-mail. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 27 COW FOR
DISCUSSION.
B. Eden Systems Business Licensing Module
Staff is seeking Committee approval of an unbudgeted purchase of the EDEN Licensing Module,
including data conversion and training, in the amount of $29,400. Per Finance Policy 03 -12 a purchase of
$5,000 or more must be approved by the appropriate Council Committee prior to purchase.
This software will allow for business applications and renewals online and calculation and payment of
the Revenue Generating Regulatory License (RGRL) fee recently approved by City Council.
Additionally, the software has the capability to assist with rental housing licensing, gambling tax return
and submission, and utility tax return and submission. Annual software maintenance is estimated at
$2,520, and will be addressed during the biennial budget process.
Finance will fund this purchase through currently budgeted line items, and if not completely funded
through such, it will be included in the 2010 year -end budgeted amendment. COMMITTEE
APPROVAL FOR PURCHASE.
C. 2010 2n Ouarter Reports
The Committee reviewed the status of program goals as outlined in the 2010 2n Quarter Report, and
asked questions as appropriate. INFORMATION ONLY.
49
50
COUNCIL AGENDA SYNOPSIS
osI ILA: ly
J 'q Init
d ITEM .NO,
ti 1 Meeting Date repared by 1 M, j r evzew I rNoun cz view i 09/27/10 BG 1 `vy l(A)d�/c
10/04/10 BG I 1
�9 a/ I j
ITEM INFORMATION
1 CAS NUMBER: 10-108 1 ORIGINAL AGENDA DATE: SEPTEMBER 27, 2010
AGENDA ITEM TITLE Bid Award for E Marginal Wy S S 86 P1 Traffic Signal Pole Replacement
CATEGORY Discussion Motion C Resolution 1 I Ordinance ®Bzd Award Public Hearing Other
Mtg Date 09/27/10 Mtg Date Mtg Date Mtg Date Mtg Date 10/04/10 Mtg Date Mtg Date
SPONSOR Council Mayor f Adm Svcs n DCD 1 1 Finance 1 1 Fire Legal P&'R Police PV
SPONSOR'S This project will replace a traffic signal pole that was damaged by a traffic collision. The
SUMMARY project was advertised for bids on August 19 and 26 and two bids were opened on
September 2, 2010. The low bid of $35,054.00 was from Signal Electric, Inc., who has
successfully worked for the City in the past.
REVIEWED BY COW Mtg n CA &P Cmte n F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 09/20/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
`COST IMPACT./ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$35,054.00 $0.00 $0.00
Fund Source: 000.16 STREET'S TRAFFIC CONTROL DEVICES
Comments: Cost will be billed to the driver's insurance company,
MTG. DATE RECORD OF COUNCIL ACTION
09/27/10
10/04/10
MTG. DATE ATTACHMENTS
09/27/10 Informational Memorandum dated 09/09/10
Bid Tabulation
Vicinity Map
Minutes from the Transportation Committee meeting of 09/20/10
10/04/10
51
52
�1 ILA:
w qs
\y City of Tukwila
9 Jim Haggerton, Mayor
��9Q INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Public Works Director ,f
DATE: September 9, 2010
Subject: East Marginal Wav S S 86th PI. Traffic Signal Pole Replacement
Project No. 11001605
BID AWARD
ISSUE
Award the East Marginal Way S S 86 PI. Traffic Signal Pole Replacement.
BACKGROUND
On February 20, 2010, an errant vehicle struck a traffic signal pole on East Marginal Way S
at S 86 Place. The signal pole sustained enough damage to necessitate its replacement.
The traffic signal was temporarily repaired and put back into service until permanent repairs
can be constructed. One signal pole will have to be completely replaced. The driver's
insurance company will be billed for all reimbursement costs.
ACTION TAKEN
Bids were advertised on August 19th and 26th and opened on September 2, 2010. Two (2)
bids were received and Signal Electric, Inc. submitted the lowest bid at $35,054.00. The
engineer's estimate was $50,000.00.
Signal Electric, Inc. has worked for the City on past projects and has performed good work.
BUDGET AND BID SUMMARY
Bid Results Engineer's Estimate Budget
Bid Amount $35,054.00 $50,000.00 Insurance
Contingency (10 3,505.40 5,000.00
Total 38.559.40 55.000.00 N/A
RECOMMENDATION
Council is being asked to award the construction contract for the East Marginal Way S S
86 PI Traffic Signal Pole Replacement contract to Signal Electric, Inc in the amount of
$35,054.00 and consider this item at the September 27, 2010 Committee of the Whole
meeting and subsequent October 4, 2010 Regular Meeting.
Attachments: Bid Tabulations
Vicinity Map
W: \PW Eng \PROJECTS\A- RW RS Projects11 1 0 01 60 5 EMW 86th PI Signal Pole \Info Memo Bid Award EMW_86th.doc
53
01
CITY OF TUKWILA I Q
DEPARTMENT OF PUBLIC WORKS
Signal Pole Replacement
E Marginal Way S S 86th PI Prepared by: 1 J ,L4 L ,v
Project No. 11001605 Date: ei Z I G
Engineer's Estimate (Base Bid) Signal Electric, Inc. Transportation Systems, Inc.
Item Item Qty Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost
No.
1 ROADWAY
1 !Mobilization II 1 I LS I $5,000 1 5,000 11 $3,000 00 1 $3,000.00II $4,000.00 1 $4,000.00
2 'Project Temporary Traffic Control II 1 I LS 1 $5,000 1 5,000 11 $10,000.00 I $10,000 0011 $3,800.00 I $3,800 00
I 3 'Shoring or Extra Excavation, Class A II 1 1 LS 1 $5,000 1 5,000 11 $3,312.00 1 $3,312.00II $14,000 00 1 $14,000 00
TRAFFIC CONTROL DEVICES
1
1 4 1Traffic Signal Modifications 11 1 1 LS 1 $35,000 1$ 35,00011 $18,742.00 1 $18,742.0011 $21,000.00 1 $21,000.00;
TOTAL (SCHEDULE A BASE BID) 50,000.00 $35,054.00 $42,800.00
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City of Tukwila
61) Q/ Transportation Committee
TRANSPORTATION COMMITTEE
Meeting Minutes
September 20, 2010 5.00 p.m. Conference Room 1
PRESENT
Councilmembers: Verna Seal, Chair; Joan Hernandez and De' Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Stan Anderson, Gail Labanara
Pat Brodin and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: The meeting was called to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. East Marginal Wav South/South 86` Place Traffic Signal Pole Bid Award
Staff is seeking Council approval to award a contract in the amount of $35,054 to Signal Electric, Inc. to
replace the traffic signal pole at East Marginal Way South and South 86 Place. This pole requires
replacement due to damage sustained during a vehicular collision. The total cost of the replacement will be
billed to the driver's insurance company via WCIA.
Although this item is under the $40,000 approval threshold for City Council, staff is bringing it before
Council due to the unbudgeted nature of the item and any change orders that could result in a higher
payment amount. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 27 COW FOR
DISCUSSION.
B. Annual Traffic Signal Purchase
Staff is seeking full Council approval to purchase three traffic signal control cabinets from Western Systems
in the amount of $61,787.58.
Funding for this purchase is budgeted in the 104 Arterial Street Fund. The three cabinets will be purchased
as part of the Annual Traffic Signal Program and utilized for expansion of the City's Intelligent
Transportation System (ITS) which provides real -time remote signal and closed circuit television.
The purchase of the cabinets will replace 20+ year old obsolete signal cabinets and enable ITS control at the
following intersections:
Interurban and 58 Avenue South
Interurban and 42n Avenue South
Interurban and 52n Avenue South
The life expectancy of the cabinets can usually be 20 -25 years. UNANIMOUS APPROVAL. FORWARD
TO SEPTEMBER 27 COW FOR DISCUSSION.
C. Tukwila Urban Center Access Proiect Klickitat)
Staff is seeking formal Council acceptance of six grants that have been awarded to the Tukwila Urban
Center Access Project (Klickitat) as listed below. Two of the six projects require a match which will be
funded through a combination of City and LID funds.
56
COUNCIL AGENDA S1
,�J \wqs InetzaIs ITEM NO,
<t \yam Meetin Date ,Prepared by Mayor�syaew ounctl review
1 09/27/10 SA BG
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ITEM INFORMATION
1 I CAS NUMBER: 10-109 I ORIGINAL AGENDA DATE. SEPTEMBER 27, 2010
AGENDA ITEM TITLE Annual Traffic Signal Program Purchase of Three Traffic Signal Control Cabinets
CATEGORY Discussion Motion U Resolution Ordinance 1 I Bid Award I I Public Hearing Other
Mtg Date 09/27/10 Mtg Date 10/04/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs n DCD Finance n Fire 1 I Legal P&R Police PW
SPONSOR'S This purchase will replace three 20 year -old traffic signal control cabinets at the
SUMMARY intersections of Interurban Ave S and 58 52 and 42 Aves S. The new cabinets will
accommodate a new fiber line and and allow for the expansion of the existing Intelligent
Transportation System (ITS). The quote from Western Systems is from the State
procurement contract #03502. The cabinets are budgeted in the Annual Traffic Signal
Program.
REVIEWED BY COW Mtg. 1 1 CA &P Cmte F &S Cmte
12j Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 09/20/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$61,787.58 $100,000.00 $0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGES 21, 2010 CIP)
Comments
MTG. DATE I RECORD OF COUNCIL ACTION
09/27/10
10/04/10 I
MTG. DATE ATTACHMENTS
09/27/10 Informational Memorandum dated 09/15/10
Western Systems Quote
Minutes from the Transportation Committee meeting of 09/20/10
10/04/10
57
58
u s City of Tukwila
a Jim Haggerton, Mayor
9Q INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committe.
FROM: Public Works Director 10
DATE: September 15, 2010
SUBJECT: Annual Traffic Signal Program
Project No. 91010405
Purchase of Three Traffic Signal Control Cabinets
ISSUE
Approve purchase of three traffic signal control cabinets built to the City of Tukwila's specifications.
BACKGROUND
This purchase is to replace three 20 year -old signal cabinets that have become obsolete. The
new cabinets will accommodate a new fiber line that will be installed by in -house staff. The
signal cabinets will be replaced at the intersections of Interurban and 58 42 and 52 Aves S.
These cabinets will allow for the expansion of the existing Intelligent Transportation System
(ITS).
ANALYSIS
Western Systems is a listed vendor on the Washington State procurement contract #03502 for the
traffic signal cabinets and the sole source vendor for Eagle M -50 Signal controllers. Purchase
orders PWM51435, PWM51436, and PWM51437 with a total of $61,787.58 are prepared for
Western Systems for the acquisition of three new ITS traffic control cabinets. All three are
budgeted in the 104 Fund Annual Traffic Signal Program with $100,000 00.
BUDGET AND BID SUMMARY
Each Total 2010 Budget
Annual Traffic Signal Program 20,595.86 61,787.58 100,000.00
RECOMMENDATION
The Council is being asked to approve the purchase of three ITS traffic control cabinets from
Western Systems of Everett, Washington in the amount of $61,787.58 and consider this item at the
September 27, 2010 Committee of the Whole meeting and subsequent October 4, 2010 Regular
Meeting.
Attachment: Western Systems Quote
W' \PW Eng \PROJECTSW- RW RS Projects\91010405 (Replace 3 Traffic Signal Control Cabinets)1Info Memo ITS Cabinets to Council 2010.doc
59
wow
jyTt INTELLIGENT TRANSPORTATION SYSTEMS
COMMUNICATIONS AND NETWORKING SOLUTIONS
909 SE EVERETT MALL WAY #A1 20 PHONE (4251 438 -1 1 33
EVERETT. WA 98208 FAX 1425) 438 -1 585
Page 1 of 1
1 September 15, 2010 Quotation WSQ W2684 1
Attention: Scott Bates City of Tukwila
Quotation Controller Cabinets
Scott,
We are pleased to quote you the following pricing for controller cabinets;
Bid Item #1: Controller Cabinet Type SP Complete
3 Type Stretch -P controller cabinets wired per City of Tukwila 2010 specifications including: Wired facility with Type SP
Enclosure (unfinished aluminum, UL listed) with, 16- position TS2 -2 load -bay, (1) detector rack wired for (1) bus interface unit,
(4) 4 Channel loop amplifiers and (2) Opticom, (2) detector racks wired for (1) bus interface unit and (4) 4 channel loop
Amplifiers, final assembly, auxiliary switch panel, detector panel, fan and thermostat, power panel, SDLC and PS termination
Panel, video detection panel, flash program jumpers and unused phase links
Includes the following plug -in devices:
1 SIEMENS EPAC3168M52 controller with SEPAC 3.33seD NTCIP software, data key module and 2M data key
1 EDI MMU16LEIP malfunction management unit
1 GarrettCom 6K16V ethernet switch with 6KP8V -RJ45 TP module, GBPMV -20TX dual GBIC ports and (2) GBIC- LXSC10
10km GBIC transceivers
3 EDI BIU700 bus interface units
1 EDI PS250 shelf mounted power supply
16 PDC SSS871 /O cube load switches with I/O indicators
1— PDC SSS87 cube flasher
6 Detrol 205 flash transfer relays
4 EDI ORACLE4e 4- channel rack mount loop amplifiers
18.809.00 unit cost 56.427.00 lump sum
THIS QUOTATION INCLUDES ONLY THE ITEMS LISTED HEREIN
Standard Delivery 85 -110 days after release
Terms: Net 30 Days
FOB Destination
This quote is good through 2010.
J ii 2 cc.
Sincerely,
WESTERN SYSTEMS X c o s-1.4A -z
Rode/re av, iL Q 3 c�
President
‘1,
SIEMENS `Act'eIis frEJ:ts 't" i -4 II S Y
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Carmanah Optetecom•nkf
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htto://www.westernsystems-inc.com
60
o City of Tukwila
kik Transportation Committee
V>,
TRANSPORTATION COMMITTEE
Meeting Minutes
September 20, 2010 5 00 p.m. Conference Room 1
PRESENT
Councilmembers: Verna Seal, Chair; Joan Hernandez and De'Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Stan Anderson, Gail Labanara
Pat Brodin and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: The meeting was called to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. East Marginal Wav South/South 86 Place Traffic Siana1 Pole Bid Award
Staff is seeking Council approval to award a contract in the amount of $35,054 to Signal Electric, Inc. to
replace the traffic signal pole at East Marginal Way South and South 86 Place. This pole requires
replacement due to damage sustained during a vehicular collision. The total cost of the replacement will be
billed to the driver's insurance company via WCIA.
Although this item is under the $40,000 approval threshold for City Council, staff is bringing it before
Council due to the unbudgeted nature of the item and any change orders that could result in a higher
payment amount. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 27 COW FOR
DISCUSSION.
B. Annual Traffic Siana1 Purchase
Staff is seeking full Council approval to purchase three traffic signal control cabinets from Western Systems
in the amount of $61,787.58.
Funding for this purchase is budgeted in the 104 Arterial Street Fund. The three cabinets will be purchased
as part of the Annual Traffic Signal Program and utilized for expansion of the City's Intelligent
Transportation System (ITS) which provides real -time remote signal and closed circuit television.
The purchase of the cabinets will replace 20+ year old obsolete signal cabinets and enable ITS control at the
following intersections:
Interurban and 58 Avenue South
Interurban and 42n Avenue South
Interurban and 52n Avenue South
The life expectancy of the cabinets can usually be 20 -25 years. UNANIMOUS APPROVAL. FORWARD
TO SEPTEMBER 27 COW FOR DISCUSSION.
C. Tukwila Urban Center Access Project (Klickitatl
Staff is seeking formal Council acceptance of six grants that have been awarded to the Tukwila Urban
Center Access Project (Klickitat) as listed below. Two of the six projects require a match which will be
funded through a combination of City and LID funds.
61
62
Co UNCIL A GJ;.NDA SYNOPSIS
---1.,$1 f 4 J Inztzals ITEM NO.
1 Meetznq Date I P,,repared by Ma r zew I ,_.�Counczl review
s= ^t t 7 1 09/27/10 -I' 9 BG n'\).) I L i-. 1 2
tt 10/04/10 Icy BG I I 1
290: I I I I 3.F.
i ITEM INFORMATION
i
CAS NUMBER: 10-110 I ORIGINAL AGENDA DATE. SEPTEMBER 27, 2010
AGENDA ITEM TITLE Accept six grants for the Tukwila Urban Center Access Project (Klickitat)
CATEGORY Z Dzscusszon Motzon Resolution Ordinance P Bid Award 1 1 Public Hearing Other
Mtg Date 09/27/10 Mtg Date 10/04/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
I SPONSOR Counal Ma Adm Svcs n DCD LI Finance n Fire I 1 Legal 1 I P&R 1 Police PW/
SPONSOR'S Six grants have been awarded to the Tukwila Urban Center Access Project Klickitat).
SUMMARY Although the City has accepted each of the six grants through inclusion in the City's
Capital Improvement Program, this housekeeping process of acceptance will be formalized
by Council action. Three grants have been used for design and the remaining three will be
used for construction. Matching funds will be represented by Local Improvement District
No. 33 and city funds,
REVIEWED BY COW Mtg. 1-7 CA &P Cmte n F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. 1 1 Planning Comm.
DA 1'E: 09/20/10
RECOMMENDATIONS:
SPONSOR /ADMIN Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 104 ARTERIAL STREETS (PG. 15, PROPOSED 2011 CIP)
Comments:
MTG. DATE R ECORD OF COUNCIL ACTION
09/27/10
10/04/10
MTG. DATE ATTACHMENTS
09/27/10 Informational Memorandum dated 09/15/10
TUC Access Project's CIP page 15, Proposed 2011 CIP
Minutes from the Transportation Committee meeting of 09/20/10
10/04/10
63
64
W t.
'`J 4s City of Tukwila
.9 Jim Haggerton, Mayor
905 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM. Public Works Director
DATE: September 15, 2010
SUBJECT Tukwila Urban Center Access Proiect (Klickitatl
Project No. 98410419
Acceptance of Grants
ISSUE
Formal City acceptance of six grants which have been awarded to the TUC Access Project.
BACKGROUND
Since 2003, staff has been working on the Tukwila Urban Center Access Project to improve traffic
conditions at and around the Klickitat Drive /Southcenter Parkway intersection Funding for the design and
construction of this major project comes from many sources including six grants, impact/mitigation fees,
City funds, and Local Improvement District #33. According to CIP Policy #12, staff must get approval from
the full Council before accepting grants. This policy has been met in the past with the annual adoption of
the CIP and budget showing both the proposed and accepted grants
DISCUSSION
Six grants have been awarded to this project. The first three grants have been fully expended in the
design phase and the remaining three grants will be utilized for construction
Year of Minimum
Grant Award Phase Match Amount
Federal Sec. 117, FFY 2005 Approp Act 2005 Design I 0% $983,928
Federal High Priority Projects (HPP 474) 2006 Design I 0% 719,921
Federal High Priority Projects (HPP 475) 2006 Design 0% 1,574,824
Federal STP Regional 2006 Construction 13.5% 3,000,000
Federal Intersection and Corridor Safety 2006 Construction 0% 250,000
State Transportation Improvement Board 2006 Construction 20% 5,000,000
Total I $1,405,000 $11,528,673
The minimum match listed above would be represented by the LID #33 and City funds Attached is the
proposed 2011 CIP page for the TUC Access Project.
Recent approvals from WSDOT have been given on the updated Hydraulics Report as well as the
Channelization Plans Staff is working with WSDOT and the Transportation Improvement Board to formally
"obligate" the remaining construction funds Pending those obligations and final approval by both agencies,
staff expects to advertise this project before the end of September
RECOMMENDATION
Council is being asked to formally accept the six grants for the Tukwila Urban Center Access Project and
consider this item at the September 27, 2010 Committee of the Whole and the subsequent October 4,
2010 Regular Meeting
Attachment: CIP Page
W' \PW Eng \Old P drive \Cyndy Klickitat \INFORMATION MEMO Grants Acceptance 9 -15 -10 doc
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2011 to 2016
PROJECT: Tukwila Urban Center Access (Klickitat -S1C Pkwy) Project No. 98410419
DESCRIPTION: Improve traffic flow on Southcenter Parkway, Klickitat Drive and Strander Boulevard by constructing an
underpass for the southbound lane on Southcenter Pkwy Coordinate with WSDOT on 1 -5 on- ramps.
JUSTIFICATION: Provide needed future traffic capacity, safety improvements and reduce accidents.
STATUS: Design Report completed in 2005, design in 2006 2007, and LID formation in 2009 Proposed Southcenter
Pkwy /Klickitat road closure for duration of construction will save a significant amount of costs.
MAINT. IMPACT: Overlay on a 10 -20 year cycle.
Project is on Impact Fee List under Zone 1. Federal design funds for $3.25m. Westfield Mall mitigation $579k
COMMENT: cash and $846k ROW, Boeing (Longacres) mitigation is $65k, ACME Bowling $112k. Construction grants; State
TIB $5m, Federal STP $3m and $250k. Local Improvement District (LID) is a range from $6.5 to $10 5 million.
FINANCIAL Through Estimated
(in $000's) 2009 2010 2011 2012 2013 2014 2015 2016 BEYOND TOTAL
EXPENSES
Design 3,341 670 4,011
LID Expenses 197 10 500 707
Land (R/W) 2,408 7 2,415
Const. Mgmt. 2,513 2,513
Construction 16,750 16,750
TOTAL EXPENSES 5,946 687 19,763 0 0 0 0 0 0 26,396
FUND SOURCES
Awarded Fed Grant 974 3,250 4,224
Earmark future) 1,840 435 2,275
Awarded State Grant 5,000 5,000
LID 11,545
11,545
ROW Donation 846 846
Mitigation Actual 759 759
Impact Fees 336 471 S07
City Oper Revenue 1,191 (219) (32) 0 0 0 0 0 0 940
TOTAL SOURCES 5,946 687 19,763 0 0 0 0 0 0 26,396
0 Project Location r7` `1 o
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66
2011 2016 Capital Improvement Program 15
II. BUSINESS AGENDA
A. East Marginal Wav South/South 86 Place Traffic Sienal Pole Bid Award
Staff is seeking Council approval to award a contract in the amount of $35,054 to Signal Electric, Inc. to
replace the traffic signal pole at East Marginal Way South and South 86 Place. This pole requires
replacement due to damage sustained during a vehicular collision. The total cost of the replacement will be
billed to the driver's insurance company via WCIA.
Although this item is under the $40,000 approval threshold for City Council, staff is bringing it before
Council due to the unbudgeted nature of the item and any change orders that could result in a higher
payment amount. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 27 COW FOR
DISCUSSION.
B. Annual Traffic Sienal Purchase
Staff is seeking full Council approval to purchase three traffic signal control cabinets from Western Systems
in the amount of $61,787.58.
Funding for this purchase is budgeted in the 104 Arterial Street Fund. The three cabinets will be purchased
as part of the Annual Traffic Signal Program and utilized for expansion of the City's Intelligent
Transportation System (ITS) which provides real -time remote signal and closed circuit television.
The purchase of the cabinets will replace 20+ year old obsolete signal cabinets and enable ITS control at the
following intersections:
Interurban and 58 Avenue South
Interurban and 42n Avenue South
Interurban and 52 Avenue South
The life expectancy of the cabinets can usually be 20 -25 years. UNANIMOUS APPROVAL. FORWARD
TO SEPTEMBER 27 COW FOR DISCUSSION.
4 7
C. Tukwila Urban Center Access Proiect Klickitat)
Staff is seeking formal Council acceptance of six grants that have been awarded to the Tukwila Urban
Center Access Project (Klickitat) as listed below. Two of the six projects require a match which will be
funded through a combination of City and LID funds.
Transportation Committee Minutes September 20. 2010 Paoe 2
Although the City has accepted each of the six grants through inclusion in the City's Capital Improvement
Program, this housekeeping process of acceptance will be formalized by Council's action.
Federal Sec. 117, FFY 2005 Appropriations Act
Federal High Priority Projects (HPP 474)
Federal High Priority Projects (HPP 475)
Federal Surface Transportation Program (STP) Regional 13.5% matching funds
Federal Intersection and Corridor Safety
State Transportation Improvement Board 20% matching funds
UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 27 COW FOR DISCUSSION.
D. 2010 2 Ouarter Reports
The Committee reviewed the status of program goals as outlined in the 2010 2 "d Quarter Report, and had no
questions. INFORMATION ONLY.
III. MISCELLANEOUS
Staff reminded Committee Members to save the date of Wednesday, October 13, for the Phase II and III TIB ribbon
cutting. Invitations will be sent shortly. 67
68
Upcoming Meetings Events
SEPTEMBER 8 OCTOBER 2010
27th (Monday) 28th (Tuesday) 29th (Wednesday) 1 30th (Thursday) 1st (Friday) 2nd (Saturday)
Community Utilities Cmte, Dept. of Ecology Deadline to
Affairs 5 PM Open House and register for
Parks Cmte, (CR #1) Public Hearing on Regional
5 00 PM the City of Tukwila's Landlord Training
(CR 43) Shoreline Master Seminar (to be
Program held October 13).
For information
City Council call Chris at
Executive l 206- 431 -2197,
Session,kf'
S a'
PM
4 Last day of
(Council g°
Chambers pet license
S�4q"' Y amnesty
nab tY
City Council Open house begins period.
Committee of See below for
at 6:00 PM. Public
the Whole Mtg., additional
hearing will start
7:00 PM information on
(Council at 7:00 PM licensing your
Chambers) (Council Chambers) pet.
4th?:'(Moddav) t= s,:Sth (TitesdaV)h ;6th .(Wednesday) =7Yh Thursday) `'8thi (Friday) 9.th (Saturday)-:?:?
Transportation Chamber of Lodging Tax Equity Council Coffee Chat
Cmte, Commerce Advisory Cmte Diversity 10:00 AM to 12:00 NOON
5:00 PM Gov't. (budget meeting), Commission, at Starbucks
(CR #1) Community 12:00 NOON 5.15 PM (13038 Interurban Ave.)
Affairs Cmte., (Courtyard (CR #3)
12:00 NOON Marriott 400
Civil Service (Chamber Andover Park W) a
Commission, Office) (Q=
m
5:00 PM
(CR #3) g. ss:..t. r --e: Court
Finance CANCELLED Stop by and infonnally
Safety Cmte, talk with a Tukwila City
City Council 5:00 PM Councilmember about
Regular Mtg., (CR #3) anything on your mind
7:00 PM regarding Tukwila.
(Council
Chambers) Arts
Duwamish Hill
Commission,
5.30 PM Preserve Project
(Community 10:00 AM to 2:00 PM
Center)
Join Duwamish Alive!
volunteers for
environmental
restoration projects.
To register contact
volunteer@cascade
land.org.
License your pet now avoid fines later. .p
A PET LICENSE AMNESTY PERIOD is now underway, giving pet owners until
SEPTEMBER 30, 2010 to license previously unlicensed pets or renew expired licenses without
facing these fines. Take advantage of this grace period by licensing your pet online, or coming
to the City Clerk's counter at Tukwila City Hall (8:30 AM to 5 PM, Monday through Friday).
Call 206- 433 -1800 or visit http: /www.ci.tulcwila .wa.us /clerk/petlic.html for more information.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3 Contact Bev (Wilson at 206 -433 -1844
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 Agenda item for 9/27/10 meeting
(A) Electric vehicle infrastructure code amendments.
Equity Diversity Commission: 1st Thurs., 5 15 PM, Conf. Room #3. Contact Joyce Trantina at 206 -433 -1850.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3.
>Sister City Committee: 1st Wed., 5.30 PM, Conf. Room #3 Contact Bev Willison at 206- 433 -1844
Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #l.
Utilities Committee: 2nd 4th Tues., 5'00 PM, Conf. Room #1 Agenda items for 9/28/10 meeting: (A) Surface Water
Comprehensive Plan consultant recommendation and agreement. (B) Duwamish Gardens grant agreement —King Conservation
District. (C) 2010 2nd Qtr Reports.
69
Tentative Agenda Schedule
MONTH MEETING 2: MEETING 3 MEETING 4
REGULAR C O.LV: REGULAR" C ..0 W
d 4
September 7 (Tuesday) 13 20 27
6" Labor Day
(City offices closed) 6:30 PM
EXECUTIVE SESSION
See agenda packet
cover sheet for this
week's agenda
(September 27, 2010
Connnittee of the Whole
Meeting)
O ctober 4 11 18 25
Unfinished Business: Special Issues: Special Presentation: Special Issues:
Contract for Budget discussion Status of City health Review City -wide
services— Tukwila (public meeting format) insurance plan revenue projections
Urban Center Plan
stakeholder
outreach
Police incident
command vehicle
and sole source
purchase
Annual traffic signal
program
Tukwila Urban
Center Access
Project (Klickitat)
acceptance of grants
November 1 8 15 22
25th Special Presentation: Special Issues: Unfinished Business: Public Hearings:
Thanksgiving Day Financial status report Review City -wide Review City -wide Tax levy ordinances
(City offices closed) for 3rd quarter revenue projections revenue projections 2011 -2012 budget
Unfinished Business: and departmental and departmental Special Issues:
26 Day after requests requests
Thanksgiving Review City -wide q Tax levy ordinances
(City offices closed) revenue projections Budget:
and departmental
requests 2011 -2012 budget
ordinance
Recommendation
from Fire 2010 budget
Exploratory amendment
Committee ordinance
CIP resolution
COMMITTEE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING
Special Meeting
Unfinished Business:
Tax levy ordinances
70