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HomeMy WebLinkAboutCOW 2010-09-27 COMPLETE AGENDA PACKET 134 h, Tukwila City Council Agenda o COMMITTEE OF THE WHOLE 714 lb it 0 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 r 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: 8 i 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 16 IL t 'k�� o 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 EASY IMABG NA L� i s BETH P L 4 S REP NT SIGNA POLE tic, `��r t N r `y h �y, e 1 M s\ 4 d el.t2giV 3 I. s �aY J y 'S 't, r F Ind c, ti r �i 4 j w 1044. t *t •f o NORTH its ii 4r. 14o r N ',,limer 'Pi X m woo r y teat lr'� 4 T� M V1GiNI p; l 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 a a 1 10/04/10 1 to 4 I BG I 1 1 Id 908 I I 1 3, C. 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 N Carmanah Optetecom•nkf -TAUS Network s 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 8 138 e'11 at I 17,P• 1 r, ae I °S c z i f 3 I rn r 61v. S' N I up,.,.e Ar 1 mlCh E d w -V E 9. ��`I� >as rm.ne Or 1 1 4 4 S t ewssaw.awulrau.w.�ul:.wwwar. 1, 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