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Home My WebLink AboutTrans 2012-08-06 COMPLETE AGENDA PACKETCity of Tukwila Transportation Committee Allan Ekberg, Chair Kathy Hougardy De'Sean Quinn AGENDA Distribution: A. Ekberg G. Labanara K. Hougardy C. Knighton D. Quinn S. Kerslake D. Robertson Clerk File Copy V. Seal 2 Extra Mayor Haggerton D. Cline e -mail pkt pdf to A. Le K. Matej e -mail cover to: C. B. Giberson O'Flaherty, D. Almberg, F. Iriarte B. Saxton, S. Norris, R. Tischmak M. Hart, S. Kirby, D. Robertson MONDAY, AUGUST 6, 2012 Time: 5:15 PM Place: Conference Room #1 Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a) Tukwila International Boulevard Speed Study Ordinance Establishing New Speed Limits b) Tukwila Urban Center Access (Klickitat) Project LID No. 33 Final Special Benefit /Proportionate Assessment Study 3. SCATBd 4. MISCELLANEOUS c) 15 Minute Parking at Riverton NCC 5. ANNOUNCEMENTS a) Forward to 8/13/12 C.O.W. Pg. 1 and 8/20/12 Regular b) Forward to 8/13/12 C.O.W. Pg. 13 and 8/20/12 Regular c) For Discussion Only Future Agendas: Transportation Benefit District 42 Ave S Phase III Utility Undergrounding SR 518 off ramp Stop Sign Next Scheduled Meeting Monday, August 20, 2012 i& The City of Tukwila strives to accommodate individuals with disabilities Please contact the Public Works Department at 206- 433-0179 for assistance. x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director kh DATE: August 3, 2012 SUBJECT: Tukwila International Boulevard Speed Studv Ordinance Establishing New Speed Limits ISSUE Should the speed limit be reduced on Tukwila International Boulevard (TIB)? After completion of the Tukwila International Boulevard Improvements (Phases I, II, and III), Public Works was asked to analyze the existing speed limit. Speed limits are set after conducting a full engineering evaluation of speeds, collisions, and related information. An engineering speed study was just completed by a traffic engineering consultant for the southern portion of Tukwila International Boulevard. The limits of the study are S 116 Way on the north and S 152 St on the south end of Tukwila International Blvd. These are the same limits as TIB Phases I, ll, and III combined. The consultant studied speeds, volumes, and collision rates. The 85 percentile speed is typically used to set speed limits based on the theory that most drivers will travel at a speed that is reasonable and prudent for any given roadway segment. The 85 percentile speed is the speed at or below which 85 percent of the motorists drive on a given road unaffected by slower traffic or poor weather. This indicates the speed that most motorists on the road consider safe and reasonable under ideal conditions. ANALYSIS The 85 percentile speeds are shown in Table 1 (page 4) of the speed study. The 85 percentile speeds for the area north of S 139 are in excess of the 45 mph posted speed limit, while the area in between S 139 Stand S 152 St are below the posted speed limit. Collision rates for the limits of the study area are summarized in Table 2 (page 7) of the speed study. Data from the previous full five years was analyzed and the predominate collision type was found to be rear end and the typical location was at mid -block crosswalks, driveways, and approaches to traffic signals. To help mitigate the high rear end collision rate, the mid -block crosswalks near the 14300 and 15100 blocks are proposed to be retrofitted in 2013 as part of the new ADA crosswalk project in the draft 2013 Capital Improvement Program. RECOMMENDATION Council is being asked to approve the Ordinance which will lower the speed limit from 40 mph to 35 mph on Tukwila International Boulevard between South 139 Street and South 152 Street and consider this item at the August 13, 2012 Committee of the Whole meeting and subsequent August 20, 2012 Regular Meeting. Attachments: Speed Study Draft Ordinance W1PW EngTROJECTSW RW RS ProjectsUIB Speed Study 2092t1nfo Memo Speed Study- sb.doc i Memorandum To: Bob Giberson, Public Works Director, City of Tukwila CC: Robin Tischmak, Public Works, City of Tukwila From: Jan Ciganik, P.E., P.T.O.E. Date: June 13, 2012 Re: Tukwila International Boulevard Speed Study Project No: 12028 This memorandum summarizes the results of a speed study performed on Tukwila International Boulevard between S 152 St to the south and SR -599 to the north. Data was gathered at five locations along the corridor, with speed and traffic volumes being recorded. This memorandum will discuss the following: Roadway Description Speed and Volume Data Collection and Results Speed Data Analysis Collision Data Results and Recommendations Roadway Description Tukwila International Boulevard (TIB) is a Major Arterial that consists of a five lane cross section with a two way -left- turn -lane or center medians between S 152nd St and the 12400 block and a four lane cross section between the 12400 block and the SR -599 interchange. TIB serves as a major north -south route providing access to SR -518 to the south and SR -599 to the north; the roadway length between these two interchanges is approximately 2.5 miles. The traffic along this roadway is comprised of commuter traffic from the surrounding neighborhoods. Land use varies along the corridor between commercial businesses located between S 152 St and S 139 Street and office buildings located near the 12400 block. 753 9 th Avenue North, Seattle, WA 98109 P: 206.286.1640 F: 206.286.1639 www.kDa.com 2 PROJECT END 1UK111u IN MIONAL BL' O S 1167" S7) PROJEC BEGIN (7uKV ALA IN7MA71ONAL I O S 152ND 5 F Vicinity Map �2 753 9 Avenue North, Seattle, WA 98109 R 206.286.1640 F: 206.286.1639 www.kDa.com i Speed and Volume Data Collection and Results Speed data and traffic volumes were collected at five locations along the corridor during late March, 2012. Data was collected for each lane utilizing separate counters. The locations studied are shown graphically in Exhibits 1, 2 and 3 in Appendix A and listed below. Site 1 Tukwila International Boulevard midway between S 150 St and S 148 St Site 2 Tukwila International Boulevard midway between S 146 St and S 144 St Site 3 Tukwila International Boulevard north of S 139 St Site 4 Tukwila International Boulevard north of S 130 St Site 5 Tukwila International Boulevard at approximately the 12000 block To evaluate vehicle speeds, multiple measures should be considered. These measures are included in Table 1 (next page) and explained below: Median Speed Median speed is the speed at which half of the vehicles travel above and half travel below. 85 Percentile Speed The 85 percentile speed is the speed in which 85 percent of vehicles travel at or below. The 85 percentile should typically be within 5 -10 mph of the posted speed limit. According to the Institute of Transportation Engineers, studies have shown that crash rates are lowest when drivers are traveling near the 85 percentile speed. 10 mph Pace The 10mph pace is a consecutive 10mph range of speeds containing the highest number of vehicles. Percent Flagrant Speeding The percent flagrant speeding represents the percentage of vehicle exceeding the speed limit by at least 10mph. �3 753 9 Avenue North, Seattle, WA 98109 P: 206.286.1640 F: 206.286.1639 www.kDa.com 4 i Table 1. Speed Data and Traffic Volumes Speed Median 85th 10 MPH Percent Flagrant Site Limit ADT Direction Lane Speed Percentile Pace Speeding (MPH) (MPH) Speed (MPH) (MPH) Curb 32.4 37.8 28.5-38.5 0.0% NB Median 34.8 39.8 30.0-40.0 0.1% 1 40 17,364 Median 33.2 38.2 28.3-38.3 0.1% SB *Curb 43.2 47.7 38.7-48.7 5.5% Curb 31.9 37.2 27.2-37.2 0.1% NB Median 34.9 39.9 30.2-40.2 0.3% 2 40 18,054 Median 30.4 35.9 25.7-35.7 0.1% SB Curb 27.9 33.9 23.3-33.3 0.0% Curb 41.4 46.5 34.9-44.9 0.7% NB Median 43.0 48.6 37.2-47.2 1.6% 3 45 12,841 Median 43.1 47.7 38.2-48.2 0.7% SB Curb 41.4 46.5 37.2-47.2 0.9% Curb 43.0 48.6 37.2-47.2 1.0% NB Median 44.7 50.8 41.4-51.4 3.8% 4 45 12,996 Median 44.7 50.8 41.4-51.4 3.6% SB Curb 43.0 48.6 37.2-47.2 2.3% Curb 45.8 51.2 41.4-51.4 5.0% NB Median 47.4 52.8 42.3-52.3 7.5% 5 45 11,481 Median 44.8 50.1 40.2-50.2 4.0% SB Curb 43.6 49.0 37.7-47.7 1.6% *NOTE: SB Curb Lane values at Location 1 were omitted due to apparent error in data collection. Median Speed The median speed is below the speed limit in all locations except for Location 5 in the northbound direction. 85 Percentile Speed Locations 1 and 2 (with the exception of the southbound curb lane at location 1) have 85 percentile speeds below the posted speed limit of 40 mph. Locations 3, 4 and 5 have 85 percentile speeds in excess of the posted speed limit of 45 mph. 10 mph Pace Locations 1 2 have a 10 mph pace that is below the speed limit, while locations 3, 4 5 have a 10 mph pace that ranges above and below the speed limit Percent Flagrant Speeding Locations 1 2 have the lowest percentage of flagrant speeding, while locations 4 5 have the highest. The complete volume and speed data is provided in Appendix B. �4 753 9 Avenue North, Seattle, WA 98109 P: 206.286.1640 F: 206.286.1639 www.koa.com 5 Speed Data Analysis Figure 1 and Figure 2 provide visual representation of the 85 Percentile and 50 Percentile (Median) Speeds with respect to the speed limit. 60 50 CL E w 40. CL Posted Speed Limit 30 c NB Curb w 20 NB Median a SB Median Note: Ln 0`�0 10 SB Curb Lane SB Curb speeds at Location 1 Nvere 0 ()nutted due to 1 2 3 4 5 apparent data Location collection errors Figure 1— 85 Percentile Speed with respect to Speed Limit As can be seen from Figure 1, the 85 Percentile Speed is at or below the speed limit for Locations 1 and 2, then it rises above the speed limit for Locations 3 through 5. 60 t C 50 E w 40 t 30 Posted Speed Limit °1 NB Curb aw 20 NB Median w SB Median Note: 10 SB Curb Lane n SB Curb speeds at t Location 1 «-ere 41 G 0 u, omitted due to 1 2 3 4 5 apparent data Location collection errors Figure 2 50 Percentile (Median) Speed with respect to Speed Limit As can be seen from Figure 1, the Median Speed is below the speed limit for Locations 1 through 4, then it rises at or above the speed limit at Location 5. �5 7539 th Avenue North, Seattle, WA 98109 P: 206.286.1640 F: 206.286.1639 www.kDa.com M i Collision Data Collision data for Tukwila International Boulevard between S 116 St and S 152 St was provided by the City of Tukwila for the 5 years prior to this memo; January 1, 2007 December 31, 2011. All of the collision data has been summarized graphically, by location and type, in Exhibits 1, 2 and 3 as attachments to this memo. During the 5 year time period, there were 353 collisions, 168 of which occurred at an intersection and 185 which occurred between intersections. There were a total of 699 vehicles involved resulting in 104 injuries and one fatality during the time period. Collisions by Type As can be seen from Figure 3, the most common type of collision was Rear End. These typically occurred near mid -block pedestrian crossings, driveways or at approaches to signalized intersections. Right angle collisions were the second most common type, with 80% of them occurring at intersections. HP;;d On 4 Pedestr cycli! Involvec Fixed Object /Park ed Vehicle, 34 Figure 3 Collisions along TIB, by type �6 753 9 Avenue North, Seattle, WA 98109 P: 206.286.1640 F: 206.286.1639 www.koa.com 7 i Collisions Rates Collision rates were calculated for each segment and are provided in Table 2. The rates for spot locations (intersections) are reported in collisions per million vehicles and rate for roadway sections are reported in collisions per 100 million vehicle miles. Rates are calculated per the following equations: Collision Rates for Intersections Collision Rates for Roadway Sections Number of Collisions x 10 Number of Collisions x 10 ADT x 365 x Number of Years ADT x 365 x Number of Years x Length Table 2. Collision Rates by Intersection and Segmer 753 9 Avenue North, Seattle, WA 98109 it Total Location Collisions TIB atS152ST I 5 Between S 152 ST and S 150 ST I 40 TIB at S 150 ST I 22 Between S 150 ST and S 148 ST I 12 TIB atS148ST I 21 Between S 148 ST and S 146 ST I 15 TIB at S 146 ST I 25 Between S 146 ST and S 144 ST I 25 TIB atS144ST I 21 Between S 144 ST and S 142 ST I 19 TIB atS142ST I 4 Between S 142 ST and S 141 ST I 6 TIB atS141ST I 3 Between S 141 ST and S 140 ST I 4 TIB atS140ST I 14 Between S 140 ST and S 139 ST I 5 TIB atS139ST I 4 Between S 139 ST and 37 AVE S I 6 TIB at 37th Ave S I 11 Between 37 AVE S and S 133 ST I 2 TIB atS132ST I 10 Between S 132nd ST and S 130 ST I 9 TIB atS130ST I 4 Between S 130 ST and S 128 ST I 24 Between S 128 ST and S 116 ST I 15 TIB atS116ST I 24 753 9 Avenue North, Seattle, WA 98109 it Intersection Roadway Segment Link ADT Collision Rate Collision Rate Distance (c /mev) (c /100mvm) 0.16 0.12 I I 1052 0.69 17364 0.12 I I 316 0.66 0.12 I I 394 0.76 0.11 I I 717 18054 I I 0.64 0.12 I I 500 0.12 0.09 I I 210 0.13 0.04 I I 316 0.60 0.06 I I 263 12841 0.17 0.39 I I 49 0.47 0.10 I I 63 0.43 0.12 I I 237 12996 I I 0.17 0.12 I I 631 0.70 I I 68 11481 1.15 �7 P: 206.286.1640 F: 206.286.1639 www.kDa.com 8 i Results and Recommendations The speed, volume and collision data has been analyzed using the data provided, Engineering judgment and site visits. Recommendations will be provided based on industry best practices and field observations. Speed Speeding was found to be a minor issue at two locations along the corridor; locations four and five. The difference in speed throughout the corridor is likely due to the difference in land use and density of intersections and driveways. Surrounding locations four and five there are two signalized intersection and very few driveways, compared to four signalized intersections, eight unsignalized intersections, two mid -block pedestrian crossings and numerous driveways along the rest of the corridor. Possible corrective measures could include providing radar driver feedback signs that provide real time feedback to drivers exceeding the speed limit. This should also be supplemented with increased enforcement of the speed limit. Collisions Two locations were identified as having higher than typical collision rates for the corridor: TIB between S 152 St and S 150 St TI B at S 116 Way Field investigation was conducted to determine possible causes for high collision rates Between S 152 St and S 150 St rear -end collisions comprised the majority (72.5 of total collisions for the segment and many occurred near the mid -block pedestrian crossing. The existing mid -block crossing provides overhead signage and in- pavement flashing amber lights. The in- pavement lights are not effective at alerting the entire platoon of vehicles as they are blocked by the vehicle stopped nearest to the crosswalk. Modifications to the warning system could reduce the number of rear -end collisions. Overhead and post- mounted rapid flashing beacons would provide additional warning all drivers in the platoon, reducing the likelihood of sudden stopping and rear -end collisions. Existing overhead mast arms could be utilized to reduce the cost of the installation. At the Intersection of TIB and S 116 Way, approach turn collisions were the most common collision type. Upon further investigation of the data, the number of total collisions (including approach turn collisions) significantly decreased after 2007. This is likely due to the conversion of the protective /permissive left turns to protected -only in the northbound and southbound directions. As a result of a site visit, it is recommended that the city install additional street -name and guide signage at the intersection. Additional signage could result in less driver confusion, leading to fewer collisions. �8 753 9 Avenue North, Seattle, WA 98109 P: 206.286.1640 F: 206.286.1639 www.kDa.com N AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1875 §1 AND 1866 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 9.16.070, TO ACCURATELY DEFINE THE PORTION OF TUKWILA INTERNATIONAL BOULEVARD BETWEEN SO. 139 STREET AND SO. 152 STREET WHERE THE SPEED LIMIT IS TO BE REDUCED FROM 40 MPH TO 35 MPH; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, a portion of State Route 99, currently known as Tukwila International Boulevard, was turned over to the City of Tukwila in 2003 by the state legislature; and WHEREAS, RCW 46.61.415 authorizes the City to establish speed limits determined by engineering and traffic studies; and WHEREAS, an engineering evaluation of Tukwila International Boulevard between So. 139 Street and So. 152 Street was conducted; and WHEREAS, based upon the engineering evaluation, the City has determined that 35 miles per hour (mph) is a reasonable and safe maximum limit on Tukwila International Boulevard between So. 139 Street and So. 152 Street; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Section 9.16.070, "Forty mph on portion of Tukwila International Boulevard Amended. Ordinance Nos. 1875 §1 and 1866 §1, as codified at TMC Section 9.16.070, are hereby amended to read as follows: W. Word Processing \Ordinances \Speed limit reduced on TO strike -thru 7 -24 -12 BG:bjs Page 1 of 2 10 A 3548 mile per hour speed limit zone is established for both directions of traffic on Tukwila International Boulevard (State Reute -99) between So. 139 Street and So. 152 Street t 66 to M Po st 21 EAA+Ie --Pe 9 (p Section 2. Signs to Be Posted. The Public Works Department is hereby directed to post appropriate speed limit signs reflecting the speed limit established in Section 1 of this ordinance. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: rasseu P Numbe W: Word ProcessingkOrdinances\Speed limit reduced on TO strike -thru 7.24.12 BG:bjs 11 12 City of Tukwila Jim Haggerton, Mayor I bill i T TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director 10 DATE: August 3, 2012 SUBJECT: Tukwila Urban Center Access (Klickitat) Proiect LID No. 33 Final Special Benefit/Proportionate Assessment Study ISSUE Approve a consultant agreement with Macaulay Associates, Ltd. to complete the Local Improvement District (LID) No. 33 Final Special Benefit/Proportionate Assessment Study. BACKGROUND Resolution No. 1698 for the Intent to Form an LID was approved unanimously by City Council on October 26, 2009. Notices were mailed to all property owners of record on October 1, 2009 and included the preliminary assessment amount for each property within the LID boundary. On October 29, 2009, notices were mailed regarding the Notice of Public Hearing. The preliminary assessments were based on the Preliminary Assessment Roll, which was presented at the Public Hearing on September 21, 2009 where Resolution No. 1690 was passed (subsequently superseded by Resolution No. 1698). Ordinance 2260 formed LID No. 33 and was approved on November 16, 2009. Now that the construction project is nearly complete and final costs will soon be known after the final payment is issued to the construction contractor, it is time to prepare the final special benefit/proportionate assessment study. The attached consultant agreement with a fee of $142,800.00 is reasonable based on discussions with our bond counsel and potential LID assessment appeals. Macaulay and Associates, Ltd. completed the initial assessment study and are familiar with the properties in the LID boundary and Tukwila's CBD (Commercial Business District). There is a $1,525,000.00 budget for LID expenses in 2012, which covers the updated assessment and LID guarantee fund. RECOMMENDATION The Council is being asked to approve the consultant agreement with Macaulay Associates, Ltd. in the amount of $142,800.00 for the LID No. 33 Final Special Benefit/Proportionate Assessment Study and consider this item at the August 20, 2012 Regular Consent Agenda. Attachments: Ordinance 2260 Consultant Agreement W: \PW Eng\PROJECTM\A- RW RS ProjectslTUC Access (Klickitat) (96410419)\LID\lNFORMATION MEMO LID #33 Final Assessment Study- sb.doc 13 Washington 14 ordinance 2260 15 "payment by bonds" as defined by law and the ordinances of the City. The exact form, amount-date, interest rate and denominations of such bonds shall be hereafter fixed b- ordinance of the City Council. Such bonds shall be sold in such manner as the City Council shall hereafter determine. Section 6. In all cases where the work necessary to be done in connection with th�& making of said improvement is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. Section 9. All appeals arising from this ordinance shall be within the jurisdiction of the Tukwila Hearing Examiner. Section 10. If any section, subsection, paragraph, sentence, clause or phrase of this *rdinance or its application to any person or situation should be held to be invalid or unconstitutionality shall not affect the validity or constitutionality of the remaining 1portions of this ordinance or its application to any other person or situation. W \Word Processing\ Ordinances\ Klickitat UD No 31 doc SV:ksn 11/09/2009 M� 16 CITY OF TUKWILA ORDINANCE NO. 2260 EXHIBIT A PROJECTI)ESCRIPTION 'I`U—KV4M— —SMf�Mf#PVEW-F- (Local Improvement District 33) and all other matters necessary for a complete improvement in accordance with City standards. W.\Word Processing\Ordinances\Mickftat LID No 33.doc SV:kbn 11/09/2009 IMM 17 L Y W\Word Processing\ Ordinances\ Klickital LID No 33.doc SV.ksn 11/09/2009 M� 18 KIM I Lwj 0 k I I i 1 11 wmsm e, L403 I WVX '4� w PUP11 111 0 0 I I IM Approved by the City Council at a Regular Meeting thereof on November 16, 2009. 1 Christy(O'Flahe y, CIVIC, City Clerk 19 20 1 *fir !r •r f I ly A w .....R fir. •,,r it r a,..��a: a R 20 21 A�� A 1. •i Via. w A is it r i� R f f is i i. s is a i i is a #r. #r w f w i is r a 21 (Ownership Street 1Street Na elPO Box city State L Zip Code I offe Associates 415 BAKER BLVD #200 (TUKWILA WA 98188 osellini, Albert 5936 6TH AVE S SEATTLE WA 98108 RWP LLC 7312 SE CURTIS DR SNOQUALIE WA 98065 Sade, Paul and Eleanor 585 POINT SAN PEDRO RD SAN RAFAEL CA 1 94901 Schoenbachler Ent LLC 9253 E SANDS DR SCOTTSDALE AZ 1 85255 Security Capital Industrial 2235 1FARADAY AVE STE 0 CARLSBAD CA 92008 egale, Mario A APO BOX 88028 (TUKWILA WA 1 98188 SIFP B LP LTD PTNRSHP PO BOX 5350 BEND OR 1 97708 Sizzling Platter of Wash 348 EAST 6400 S #200 MURRAY UT 84107 Skarbo Peter R 5311 PHINNEY AVE N SEATTLE WA 98103 Southcenter Corp. Square 150 CALIFORNIA ST SAN CA 94111 Southcenter Corp. Square 1911 SECOND AVE STE 1570 SEATTLE I WA 98101 SRO Properties Inc 1411 14TH AVE #1315 SEATTLE WA 98101 1Strander Associates LLC 1650 S 244TH PL DES MOINES WA 98198 ]Tanaka Holding LLC 1105 PORTER WAY MILTON WA 98354 Target Corporation T 0627 PO BOX 9456 MINNEAPOLIS MN 55440 T5 LLC 117 E LOU ISA #230 SEATTLE WA I 98102 Tri -Land Corporation 1325 4TH AVE SUITE #1940 SEATTLE WA 98101 Triple H Development 1006 SPRAGUE ST EDMONDS WA 98020 Tukwila TT LLC 3300 (MAPLE VALLEY HWY 1RENTON WA 98058 Tukwila View Estates LLC 117 E LOUISA #230 SEATTLE WA 98102 Tupper Lynn 8100 SW 10TH ST STE 4000 PLANTATION FL 33324 Union Pacific Railroad 1416 DODGE ST #325 OMAHA NE 68179 Union Pacific Railroad 1400 DOUGLAS STOP 1640 (OMAHA NE 68179 S Bank Corporate Props 2800 E LAKE ST I MN 55406 Village Partners Southcenter 1420 5TH AVE #2200 ISEATTLE WA 98101 WA Cities Insurance Authority 14900 INTERURBAN AVE S #210 SEATTLE WA 98168 WACO Enterprise PO BOX 88216 TUKWILA WA 98188 Walton CWWA Southcenter 4 L 4678 (WORLD PARKWAY CIR ST LOUIS MO 63134 Alton CWWA Tukwila 1 LLC 4678 (WORLD PARKWAY CIR ST LOUIS MO 63134 A Southcenter LLC 11601 IWILSHIRE BLVD LOS CA 90025 Wells Fargo Bank IPO BOX 2069 CARLSBAD CA 92018 Westfield Corporation Inc I PO BOX 130940 CARLSBAD 1 CA 92013 Wig Properties LLC-SS 4811 134TH PL SE BELLEVUE I WA 98006 Winners 3 LLC I 117 E LOUISA #230 SEATTLE WA 98102 l Wolverine Properties LLC 1 415 BAKER BLVD #200 TUKWILA WA I 98188 22 CONSULTANT AGREEMENT FOR REAL ESTASTE APPRAISAL SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Macaulay Associates, Ltd., hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform real estate appraisal services in connection with the project titled Special Benefit /Proportionate Assessment Study for Southcenter Parkway LID Final Assessment Roll. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 30 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $142,800.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. 23 June 8, 2012 Mr. Bob Giberson. PR Public Works Director city of rukwila 6300 Southcenter Blvd. Tukwila, WA 98198 RE: TH and fee estimate for City of Tukwila Special Benefit/Proportionate Assessment Study for SOUthccntcr Parkway LID Final Assessment Roll,'I'ukwila, WA. Dear Mr. Giberson: As requested, I have prepared a time and fee estimate for completion of the above-referenced special benefit study. The scope o khe assignment will involve cornpletion of a final special benefit/proportionate assessment study and preparation of a report summarizing our findings. There are 278 properties in the LID to be analyzed within our special benefit /proportionate assessment study. Property types are a mix ofcominercial (oil and retail), industrial and residential and includes the Westfield Southcenter regional shopping mail. The report will consider physical and economic characteristics of each affected parcel. A base study will be undertaken, to consist of the assemblage of" pertinent market data and investigation of the environmental, economic, governmental and social forces influencing the subject area. Consideration will be given to current t� zoning, land use trends, building improvements, wetland areas, highest and best use and other factors influencing market value for each property type or ownership, without and with the amenity of the LID road improvement project. The increase in probable market value adhering to each parcel due to the LID project is the measure of special benefit. The total assessment to be levied will be obtained from the municipal LID coordinator. The sum total of special benefit estimated for each parcel is the aggregate special benefit attributable to assessable property within the proposed LID this total divided into the total LID assessment provides the assessment ratio or the LID assessment per dollar of special benefit. The special benefit to each parcel times the cost/benefit ratio results in the individual assessment recommended to that parcel. The recommended assessments will ri-icet the following two criteria: a) Each recommended assessment is equal to or less than the special benefit accruing to that particular parcel. b) Each recommended assessment is fair and in proportion to the special benefit derived by that parcel and all other parcels clue to the LID project. 24 June 8 Mr. Kob(]ibersmn. P.E. Page 2 ]l`ore are many variables ina sizable project such ao this which spans auextended time period. U has been our experience when working ou p o[ this magnitude that there are often scheduling changes 8mwell as revisions to the scope of our assignment and other unforeseen complications which can.reAdt in increased 1inue expend iLurca. Although this proposal is currently our best estimate of the scope of the assignment, some flexibility im contract arrangements into which we enter would be most beneficial to both parties. We have made every effort to estimate the hours needed to successfully complete the assignment. flop/evcr,i{the scope of work is expanded nr other significant factors at some point enter into defining our assignment, i(may bc necessary 10 negotiate supplemental agreements or contract amendments. Compl etion o[ our *xork-. as the assignment is described herein, will result in a. final special benefit nMx{v report which provides m narrative summary oil' the study and tabulation of recommended assessments f�or the parcels io our study. Due to the size ofthe projectand ou/ohcrof parcels, individual appraisal reports on each are not prepared. Limited assignment cnmas appraisal techniques are utilized and n spreadsheet summarizing our value conclusions without and with the LID assumed completed is prepared. Based 0n the above scope of work, our time and fee estimate is summarized below: Time and Fee Estimate City of TokwOm Spec Benefit/Proportionate As camentS/udycnrSoutbceotcrPwMmvayLlD Final Assessment Roll Appraiser Todis Hours Rate/ Tota Hour Robert J. Mmcxu|uy.K1A| Project mmuugumoni 320 $225 %72.000 consultants and city $uD[ Property inspections, analysis and report preparation along with attendance m the final asscsomm/m\l hearing. Charles R. Macaulay, K4A| Project review and analysis consultation. 90 $225 $18,000 Kelly k, Huo and As lc�K'Zu6mri4 Market research, analysis, spre compilation, repor 300 *150 &30l00 gypriser, preparation assistance and prope inopuctioms. Paul C. Bird, Appraiser pmpo,ei^spcutivms. commercial valuations and report 120 $150 $|D.0U0 a,,iytu000. UuOy Warren, stall lyping, editing, clerical mppom 88 Sbu $4.800 Total $142,800 25 June 8, 2012 Mr. Bob Giberson. Page 3 ']'he above estimate includes preparation for and attendance at the final assessment roll hearing. It does not include add iti on at hearing preparation /attendance and i not i vid Li at report(s) preparation. As we discussed there may be additional individual reports prepared prior to finalization of our work and. these costs, if needed, will be billed at our hourly rates summarized above. The project fee estimate is approximately $514 per parcel which is similar to other final assessment roll special benefit studies completed by our office. Completion of our report, once we have authorization to proceed, will be approximately 12 weeks. If you have any questions or need additional information, please let me know. We look forward to working with the City of Tukwila on this project. Sincerely, MACAULAY ASSOCIATES, LTD. Robert.]. Macaulay, MAI WA titan. Certihed Genera I Appraiser No 1100517 26 E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be pennitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrences` aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 27 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, 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 City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to I 28 recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Robert J. Macaulay, MAI Macaulay Associates, Ltd. 2927 Colby Avenue, Ste. 100 Everett, WA 98201 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this 26` day of June, 2012. CITY OF TUKWILA am Attest /Authenticated mulm ITA 4 29