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HomeMy WebLinkAboutCOW 2005-10-10 COMPLETE AGENDA PACKET "':w Tukwila City Council Agenda l c) 4. CO MMITTEE OF THE WHOLE i at +N0, r+ 2 Steven M. Mullet, Mayor Councilmembers• Joe Duffie Joan Hernandez O Rhonda Berry, City Administrator Pam Carter Jim Haggerton 'l,'908 Pamela Linder, Council President Dennis Robertson Dave Fenton Monday, October 10, 2005; 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL a. Introduction of new employee: PRESENTATIONS Jennifer Marshall, Permit Technician, DCD. b. Report on Tukwila International Farmers' Market: Derek Speck, Economic Development Administrator; and Lisa Pacini, Consultant, Tukwila Farmers' Market. c. 2006 Proposed Budget; Kevin Fuhrer, Finance Director. 3. CITIZEN At this time, you are invited to comment on items not included COMMENT on this agenda. To comment on an item included on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL ISSUES a. Tukwila Urban Access Improvement /Klickitat Project. 1. Road closure. Pg .3 2. Local Improvement District (LID) feasibility study. Pg .7 b. Commute Trip Reduction Implementation Contract with WSDOT. Pg.19 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerks 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. -T COUNCIL AGENDA SYNOPSIS fa/ s V Initials ITEMNO. 41�' 194'. Meettng Date 1 Prepared by 1 Mayor's review Council review 0 +o, 1 10/10/05 1 CK f Ls) t ITEM INFORMATION CAS NUMBER. 05-129 I ORIGINAL AGENDA DATE. OCTOBER 10, 2005 AGENDA ITEM TITLE Tukwila Urban Center Access (Klickitat /Southcenter Pkwy) Cost Saving Measures CATEGORY Discussion Motion Resolution Ordinance Bic Award Public Hearing Other Mtg Date 10/10/05 Mtg Date Aftg Date Aftg Date Mtg Date Aftg Date Aftg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PI/ SPONSOR'S The Tukwila Urban Center Access Project located at Southcenter Parkway and Klickitat SUMMARY Drive will include building an underpass for southbound traffic on Southcenter Pkwy. After a Value Engineering Study in July, a major cost saving measure recommended closing Southcenter Pkwy, Klickitat Drive and the southern I -5 off -ramp in the project vicinity. This will allow for construction to be completed in one season with a cost savings of approximately $3 5 million. A partial closure is also possible. REVIEWED BY COW Mtg. CAM Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 8/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Discussion. CoMMMrrrEE To COW for information and discussion. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: 104.02 Commercial Streets Comments MTG. DATE 1 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/10/05 Information Memo dated August 17, 2005 Transportation Committee Minutes from August 22, 2005 INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public Works Director August 17, 2005 Tukwila Urban Access Improvement/Klickitat Proiect Project No. 84-RW19 Road Closure ISSUE Update on the Value Engineering recommendations. BACKGROUND On July 11, 12, and 13 of this year, a Value Engineering (VE) study was undertaken as part of the design work being done on the Klickitat project. Peter Jobs, an expert in facilitating value engineering studies, was retained by the City's consultant (HNTB Corporation). Participants were from Tukwila, WSDOT, HNTB, and other private consultants including the traffic engineer retained by Westfield Mall. The scope of the VE study was to review the current design for the Tukwila Urban Access Improvement/Klickitat project and look for ways to improve the project's value to the public - not necessarily just to fmd ways to reduce costs. ANALYSIS No major errors or oversights were found in the current design, validating the quality of work already completed on this project. The individual recommendations are still being studied by staff to determine if they warrant further consideration, however, the largest cost savings potential comes from a constructibility point of view. One recommendation from the VE study was to close Southcenter Parkway, Klickitat Drive, and the southern 1-5 off ramp in the project vicinity. Doing so not only allows for the construction of the full project to be done in a single construction season, but the cost savings could be in the range of $3 - 5 million. Of all the recommendations that came forward from the VE study, a net cost savings of less than $1 million could be achieved, and some have already been dismissed as unfeasible upon further study by the design team. Based on the potential for tremendous cost savings, staff directed HNTB to develop some conceptual plans on how the road closure could be achieved and how traffic would need to be diverted. HNTB has developed two possible scenarios, one with a full closure and the other with a partial closure. The full closure option would result in the maximum cost savings but there are large savings possible with a partial closure. Staff will be presenting drawings at the Transportation Committee meeting for discussion. RECOMMENDATION Discussion only. p:\projectsla- rw &" projects\84rwl9 klickitat_sctr pkWLi5 access revlinfu memo road closure.doc Transportation Committee August 22, 2005 Present. Jim Haggerton, Chair; Pam Carter, Dennis Robertson JIm Morrow, Frank marte, Cyndy Knighton, Bnan Shelton, Bob Giberson, Robm TIschmak, Derek Speck, Lucy Lauterbach; Dave Markley ~ 1. Klickitat Road Closure \\tilen a valq.e engmeering study was done of the KliclGtat proJect, no major flaws \vere found. One suggestIOn from the engmeenng team however, was to consIder closing all the roads m the project down while the project was bemg constructed. In that manner, It co;.:ld be finished m one season, and the project cost could save $3-$5 mIllIon. The Corrumttee also consIdered a partial closure, with smaller savings Staff showed how an eXit from 1-5 northbound could exit at Nordstrom's dnveway at the Mall, and they also had other exit strategies for people who could not use the usual KlickItat route The Comrmttee agreed to pursue the complete closure optIOn, Staff wIll take the proposal to the Mall and Chamber of Commerce, Recommend issue to Counci1. 2. TUC/KIickitat Fundin2 Staff and the HNTB team have been lookmg for funds to bUIld the Khckltat project. ~wilen Value Engineering was done on the project, one or the team members from the TIE suggested a grant proposal with private f.mdmg could be more successful, and that LIDs were one way to get that investment. Attorney Lee Voorhees suggested the CIty perform a feasIbIlity study of the potential LID area, and study whether an LID would work for fundmg the project. ThIS could be done for about $20,000 by ~ certified appraIser. If an LID were used, and all went smoothly, the project could be ready to Guild in 2007, which would be a good bmldmg climate, DeIli1is asked why the TIB requirement for pnvate fundmg of 10% of the cost was not applied to TIB or Southcenter Parkviay. Jim M said It IS a new reqUIrement, but Southcenter does have pnvate fl..mdmg, Outside fundmg for the entire Klickltat project was also studIed. The CommIttee recommended the LID study to ascertam wheL'1er an LID would oe useful Recommend LID study for $20,000. 3. Grant Applications PublIc Works showed the projects L1.at could be submitted for Federal Enhancement grants next week, Pa..'1l pointed O'.2t IJ!'~ of the ?fOjects was not m the CIP. The Committee suggested staff apply for grants fat four enhancement projects (KlIckltatlSouthcenter Ass~~s, L'1temrban Avenue, TIB Phase IV and the TransIt Center ped Improvements). For Till they recommended L'1terurban Ave" Southcenter Parkway ExtenslOn, and TIB Phase IV gra~ts be applied for Information: authorization to apply for erants. /11 .......... j,h / Committee chair approval COUNCIL AGENDA SYNOPSIS J ��1� �qs Inthals ITEM No. _.j S S Meetzng Date Prepared by Mayor's review cpunal review 10/10/05 CK ��N 1 f'� 9 rsoa 1 I 1 1 1 I I ITEM INFORMATION CAS NUMBER. 05-129 ORIGINAL AGENDA DAIE. OCTOBER 10, 2005 AGENDA ITEM TITLE Tukwila Urban Center Access (Klickitat /Southcenter Pkwy) Local Improvement District (LID) Feasibility Study CATEGORY Dzscusszon Motion Resolution Ordinance Bid Award Public Heanng Other Illtg Date zlltg Date Mlltg Date 11Itg Date Mtg Date Mtg Date illtg Date 10/10/05 SPONSOR El Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTY/ SPONSOR'S The Tukwila Urban Center Access Project located at Southcenter Parkway and Klickitat SUMMARY Drive has staff aggressively pursuing grants and impact fees to fund the project. Any grants would require a true private contribution of 10% of the overall costs. A Local Improvement District could be formed to collect the private contributions. This feasibility study would have a certified appraiser determine if a LID is possible, as they are legally restricted from assessing more than the project would increase property values. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utihties Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'E. 8/22/05 RECOMMENDATIONS: SPONSOR /ADMIN Authorize Mayor to sign contract with Macaulay Associates. COMBHr1EE Authorize Mayor to sign contract. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $24,999.00 $1,000,000.00 Fund Source. 104.02 Commercial Streets (pg 42, 2005 CIP) Comments Original estimate for feasibility study at Transportation Committee was S20,000 MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/10/05 Information Memo dated September 19, 2005 Information Memo dated August 17, 2005 Consultant Agreement with Exhibit A Transportation Committee Minutes from August 22, 2005 1 INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ September 19, 2005 Tukwila Urban Center Access/Klickitat Project Project No. 84-RW19 LID Feasibility Study ISSUE Consultant agreement with Macaulay & Associates to conduct a LID Feasibility Study for the Klickitat Project. BACKGROUND On July 27,2005, Lee Voorhees, an attorney with Foster Pepper Shefelman spoke with staff on the basics of forming Local Improvement Districts, One key recommendation that Mr. Voorhees made to staff was to consIder doing a feasibility study on whether an LID would be fInancially benefIcial for a specific project. LIDs are complex funding mechanisms that are legally restricted from assessing more than the project would increase property values Therefore making sure that a project does, indeed, increase property values is essential. Mr. Voorhees suggested that such a study could be done by any MAl certifIed appraiser. ANALYSIS Three appraisal fInns were on the City's Consultant Roster: Appraisal Group of the Northwest, Allen Brackett Shedd, and Macaulay & Associates, The Appraisal Group of the Northwest declined to submit a proposal due to their own time constramts but the other two did submit. Macaulay & Associates were selected as they demonstrated the best understandmg of what the City is wanting to accomphsh as well as had a shorter tlITle for completion. RECOMMENDATION Approve consultant agreement for appraIsal services wIth Macaulay & Associates in the amount of $24,999,00. p \cyndy\klickitat\information memo - macaulay feasibility contract.doc 10/06/05 INFORMATION MEMO To: Mayor Mullet Public Works Directo~ August 17, 2005 Tukwila Urban Center Access/Klickitat Project Project No. 84-RW19 LID Feasibility Study From: Date: Subject: ISSUE Update on the funding picture for the Tukwila Urban Access ImprovementIKlIckItat project. BACKGROUND As the design of the Klickitat project proceeds, staff and the HNTB team are keeping close track of possible funding sources for construction, Staff will be aggressively pursing grants, both federal and state, as well as ensuring collection of traffic impact fees There is, however, a strong likelihood that there will not be enough grant sources, impact fees, and other contributions to have a full fundmg package. At the Value Engineering presentation, a representative of the Transportation Improvement Board was present. Staff took the opportunity to discuss this project and ask for an opinion of the potential success of a grant being awarded during this year's funding cycle, The estimated amount of the request would be $5 million. It was strongly advised that the City not pursue a grant this year The TIB prefers to award funds to projects ready to start construction, which means that the design would need to be complete or nearly complete, and all environmental work (including permits) also be done or nearly so Staff was also advised that the Till wants to see a true private contribution toward the cost to be at least 10 % of the overall cost. Staff was advised that for a project of this magnitude, the Till would expect to see a Local Improvement District (LIDs) or some kind of similar way of collectmg pnvate contributIOns, ANALYSIS Upon the advice of the TIB, staff asked Lee Voorhees, an attorney with Foster, Pepper, & Shefelman who is an expert on forming LIDs, to come and speak about what an LID entails and how to go about forming one. Staff from both the Public Works and Commumty Development Departments attended this briefmg, as did both Mayor Mullet and Rhonda Berry, CIty Administrator Specific to the Klickitat project, Mr. Voorhees recommended that the City retain a certified appraiser to conduct a feasibility study Such a study would offer mSlght mto the area of benefit that could be assessed for thIS improvement, as well as aid in determining if an LID would be a feasible method for collecting private contributions. Mr. Voorhees estimated that such a study could be conducted for approximately $20,000 and could be done in 2 - 3 mont hs, Formation of an LID can take 12 - 18 months to complete There is a possibilIty that, pendmg secured funding, the Klickitat project could be built in 2007, ThIs could allow the City to get a quality contractor for the work prior to the 1-405 widening gettmg started. Concern over availabilIty of contractors dnvmg up construction costslbids was factored into this potential accelerated schedule RECOMMENDATION Authorize staff to solicit proposals from certified appraisers to develop an LID Feasibility Study for the Kllckitat project. \\tuk2\vol1\pubworks\cyndy\klickilat\information memo -lid discu.ssion 8-22-05.doc CONSULTANT AGREEMENT FOR APPRAISAL SERVICES THIS AGREEMENT is entered mto between the City of Tukwila, Washmgton, herein-after referred to as "the City", and Macaulay & Associates heremafter referred to as "the Consultant", in consideratIOn of the mutual benefits, terms, and condItIOns heremafter specIfied. 1 Project Designation. The Consultant is retained by the CIty to to conduct a prelIminary feasIbIlIty study and boundary recommendation for a proposed Local Improvement District servIces in connection with the project tItled Tukwlla Urban Center Access Improvement ProiectlKlickItat 2 Scope of Services. The Consultant agrees to perform the servIces, Identified on Exhibit "A" attached hereto, including the provisIOn of all labor, matenals, equipment and supplIes. 3 Time for Performance. Work under this contract shall commence upon the giving ofwntten 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 45 calendar days from the date written notIce IS given to proceed, unless an extension of such time IS granted in 'writmg 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 "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $24,999 wIthout express wntten modIfication of the Agreement sIgned by the CIty B. The Consultant may submit vouchers to the CIty once per month dunng 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 pnce earned will be made promptly upon ItS ascertamment and venfication by the CIty after the completion of the work under thIS Agreement and ItS acceptance by the City D Payment is provided m this section shall be full compensation for work performed, services rendered, and for all materials, supplIes, equipment and incidentals necessary to complete the work. /5; cJf- dl E, The Consultant's records and accounts pertammg 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 permitted to retam copIes, mcluding reproducible copies, of drawings and specifications for information, reference and use m connectIOn wIth the Consultant's endeavors. The Consultant shall not be responsible for any use of the saId documents, drawings, specIficatIOns or other matenals by the CIty on any project other than the project specified in this Agreement. 6 Compliance with Laws. The Consultant shall, in performmg 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 mdemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, mcluding 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 inJunes 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 lllsurance, with a mIlllmum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal lllJUry; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general lIability policy shall name the CIty of Tukwlla as an addItional named insured and shall include a provision prohibiting cancellation of said polIcy except upon thirty (30) days prior wntten notice to the City Certificates of coverage as reqmred by thIS section shall be delIvered to the City within fifteen (15) days of execution of thIS Agreement. 2 9 Independent Contractor. The Consultant and the Crty 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 secunty or for contributmg to the state mdustrial insurance program, otherwIse assummg 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 workmg 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 m 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 m 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 givmg ten (10) days wntten 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 survlvmg members ofthe Consultant and the City, ifthe 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 prevmlmg party in such suit shall be entitled to 3 recover its costs, mcluding reasonable attorney's fees, incurred in such suit from the losing party . 16 Notices. Notices to the City ofTukwIla 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 followmg address' N\c\.c fitJLlj ~ -AsrSOG\cJcS J Lib 't1Zi Co u'a'j AIvG I SUlk:. \ CD tVefeJ\- W'Pr q <6LDt 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. day of ,20 DATED this CITY OF TUKWILA CONSULTANT ~n M. Mullet, Mayor By. /~f? / ,Y/- / A'/ ,.6,,~ _ ~ Printed Name: )~~~A J ~("'L-{{Lf / Title i,/ ,L) f., _ Attest! Authenticated: Approved as to Form: 7~,;5 ~ Office of the City Attorney . Jane E. Cantu, CMC, City Clerk 4 &hbd--A Jt{acaulay , ~ '""~~=~~~~~- () r j cy! f '-/ ssocia tes L td. Real Estate Appraisers & Consultants _~~~~olb'y Ave~e~Suite 100 -= ~verettr WA 982Q! Everett 425-258-2611 · Seattle 206-382-9711 · Fax 425-252-1210 Charles R. Macaulay, MAl Robert J Macaulay, MAl Jim E. Dodge Yvonne Alexander-Smith Whitney B. Haucke, CPA Anna Soper Paul C. Bird Richard J DeFrancesco Greg Muller Kelly R. Hao Teresa M. Comellison August 24, 2005 RECEIVED AUG 2 5 2005 Ms, Cyndy Knighton Senior Transportation Engineer City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, W A 98188-2544 TUKWILA PUBUC WORKS Re: Time and fee proposal for a preliminary feasibility study/ boundary recommendation for the proposed Klickitat Drive local improvement district (LID), Tukwila, Washington. Dear Ms. Knighton: It was good to meet with you last week. In accordance with your request, I have prepared the following time and fee proposal for the above-referenced project. The scope of the assignment is to prepare a feasibility study to ascertain whether there is sufficient market value enhancement to specially benefited properties as a result of the proposed road improvement project to render it economically feasible. As part of this preliminary study, boundanes for the proposed LID would be recommended. The first phase of our feasibility analysis involves a base study consisting of the assemblage of pertinent market data regarding the environmental, economic, governmental and social forces influencing the subject vicinity. Consideration will be given to current zoning and land use trends, building improvements, wetland aregs (if any), highest and best use and other factors influencing market value of affected property without and then with the amenity of the LID project. This base study will provide the foundation for recommending an LID boundary that consists of those properties specially benefited by the new road improvement project. Once the LID boundary is established, individual parcels will be separated into property classes based on highest and best use. Representative parcels within each class will be analyzed both without the LID project and again with the LID assumed complete. The difference in market value (typically expressed as a range) will then be extrapolated over all the other similar properties in that classification to arrive at an estimate of special benefit to each property class due to the project. Once this process is completed for the various property classes, the special benefit ranges are then totaled, yielding an estimated range in economic enhancement or special benefit attributable to the proposed project. A report will then be prepared briefly summarizing our recommended LID boundary and value conclusions, Based on the above scope of work, completion time for the assignment-assuming that we receive authorization to proceed by September 5, 2005-would be five to six weeks. One issue we discussed at our meeting regarding the city's mitigation policy towards property for which contributing to the costs of constructing Klickitat Drive is a requirement for development would need to be reviewed and addressed as it will impact the estimated special benefit and the LID boundary recommendation, As I mentioned at the meeting, input from bond counsel on this matter would be very helpful. Ms. Cyndy Knighton August 25, 2005 Page Two Below is our proposed fee estimate, which we have prepared after reviewing other similar projects recently completed by our office. ~ c~ ~ , '~' " -- - ~ ~ - - ~ - ^ppr~Jser ~ , <TasRS,- -Estimated -Hourly -Total - - ,,~-'" c: ij.ours ~te c~ -c ',' " -~ -c' - ~ ~ Robert 1. Macaulay, Property inspection, valuation MAl analysis, consultation/meetings, report 60 $200 $12,000 preparation/review Greg Muller, Project coordination, market research, Associate Appraiser spreadsheet compilation, property data 145 $90 $13,050 review/analysis, report preparation assistance Total proposed fee $25,050 The above fee estimate does not include preparation for or presentation at the LID formation hearing or time for meetings with individual property owners. It does include a reasonable number of meetings and consultations with city staff and other engineering personnel, as needed to obtain adequate information for completion of the study and to keep the city informed of our progress. As discussed in the information I sent you, we have completed similar studies for a number of large road improvement projects involving regional shopping centers (Alderwood Mall and Bellis Fair Mall), as well as large commercial areas impacted by road improvement projects. This looks like an interesting and challenging assignment and we appreciate the opportunity to make this proposal. Please don't hesitate to call if you have any questions. Respectfully submitted, MACAULA Y & ASSOCIATES, LTD. 47" ;;t.A' fi@ L ~..-} Robert J Macaulay, MAl W A State Certified - General Appraiser No. 1100517 Knighton.D8DS 'i \ Transportation Committee August 22, 2005 Present: Jim Haggerton, Chair; Pam Carter, Dennis Robertson Jim Morrow, Frank marte, Cyndy Knighton, Brian Shelton, Bob GIberson, Robin Tischmak, Derek Speck, Lucy Lauterbach; Dave Markley 1. KJickitat Road Closure When a value engineering study was done of the Klicla.tat project, no major flaws were found. One suggestion from the engineering team however, was to consider closing all the roads in the project down while the project was bemg constructed. In that manner, it could be finished in one season, and the project cost could save $3-$5 million. The CommIttee also considered a partial closure, with smaller savings. Staff showed how an eXIt from 1-5 northbound could exit at Nordstrom's driveway at the Mall, and they also had other exit strategies for people who could not use the usual Klickitat route. The Committee agreed to pursue the complete closure option, Staff will take the proposal to the Mall and Chamber of Commerce. Recommend issue to Council. 2. TUC/Klickitat Fundin2 Staff and the HNTB team have been looking for funds to bUIld the Klickitat project. When Value Engineering was done on the project, one of the team members from the TIB suggested a grant proposal with private funding could be more successful, and that LIDs were one way to get that investment. Attorney Lee Voorhees suggested the City perfonn a feasibility study of the potential LID area, and study whether an LID would work for funding the project. This could be done for about $20,000 by a certified appraiser. If an LID were used, and all went smoothly, the project could be ready to build in 2007, which would be a good building climate, Dennis asked why the Till requirement for private funding of 10% of the cost was not applied to TIB or Southcenter Parkway. Jim M said it is a new requirement, but Southcenter does have private funding. Outside funding for the entire Klickitat project was also studied. The Committee recommended the LID study to ascertain whether an LID would be useful. Recommend LID study for $20.000. 3. Grant Applications Public Works showed the projects that could be submitted for Federal Enhancement grants next week. Pam pointed out one of the projects was not III the CIP. The Committee suggested staff apply for grants fot four enhancement projects (Klickitat/Southcenter Access, Interurban Avenue, TIB Phase IV and the Transit Center ped improvements), For Till they recommended Interurban Ave., Southcenter Parkway Extension, and TIB Phase IV grants be applied for. Information; authorization to apply for 2rants. ~'h II Committee chair approval COUNCIL AGENDA SYNOPSIS ____________________nnnnn____ 1m!l a/. ______nnn n _ n___nnnnn___ ITEj1.1 No. Aleetlll Date 10/10/05 ITEM INFORMATION CAS NUMBER. 05-\ 30 I ORIG INc-\L AGENDA n-\ TE. October 10, 2005 ~<\GENDA lTE?\I DllE GCA-2963 Commute Trip Reduction Implementation Contract with WSDOT C\TEGORY [XI DIJCJtJSzon D j\1otlon D ReJolHtzon D Ordinance D Bzd Alvard D Public Heamig D Other Aftg DalelO/lO/OI Mtg Date Mtg Date l\Itg Date Mtg Date }.Itg Date Mtg Date SPONSOR D CO/wczl D Mq)'or DAdmSvcJ ~DCD D Finance D FIre D Legal D P&R D Police DpW SPONSOR'S Review and approve WSDOT Implementation Contract for fiscal years 2005-2007 SmThL-\RY REVIEWED BY D CO\,(! Mtg ~ CA&P Cmte D F&S Cmte D Transportation Cmte D Utilities Cmte DArts Comm. D Parks Comm. D Planrung Comm. DATE. RECOMMENDATIONS: SPONSOR/ ADWN Authorize mayor to sign agreement with WSDOT for two year period CO?\L\fITfEE COST IMPACT I FUND SOURCE EXPENDITURE REQUIRED fu\10UNT BUDGETED APPROPRIATION REQUIRED $none $none $none Fund Source. WSDOT Comments State allocation for Commute trip reduction program for City Of Tukwila MTG.DATE RECORD OF COUNCIL ACTION MTG.DATE ATTACHMENTS /0 II () I {)5 Memorandum from Steve Lancaster to COW dated 10/5/05 CAP Minutes of September 27,2005 Proposed WSDOT Implementation Contract - City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director INFORlvIATION MEMO To: From: Date: Subject: CommIttee of the Whole }Y-v Steve Lancaster, Drrector of Commumty Development October 5, 2005 GCA-2963 Commute Tnp ReductIOn ImplementatIOn Contract wIth the Waslungton State Department of TransportatIOn ISSUE Renewal ofWSDOT Implementation contract to adlTIlllister the commute tnp reductIOn program as reqmred by state Contract IS for two years. BACKGROUND Commute Tnp ReductIOn legislatIOn (RCW 7094.521-551) was passed by the State m 1991 to reduce the number ofSmg1e Occupant Veluc1es (SOV's) amvmg at employer worksItes wIth 100 or more employees amvmg at the target tIme penod of 6:00 am and 9 00 am. The CIty of Tukwlla adopted and amended Ordmance #1868 to comply and Implement the reqmrements of State law, The Waslungton State Department of TransportatIOn (WSDOT) handles the admmIstratIOn of the State regulatIOn. The WSDOT contracts dIrectly wIth the CIty on a bIenmal basIs to provIde dIrect fundmg to fulfill the requrrements ofRCW 70/94,521-551. The CIty has contracted for state funds smce 1991, ANALYSIS The CIty'S allocatIOn for the first year of the bIenmum 2005-2007 IS $36,60500 from WSDOT The allocatIOn for the second year of the contract WIll be detenmned m Apn12006, The allocation provIdes funds for staff and for support servIces provIded by Kmg County Metro annually RECOMMENDATION Fonvard to full councIl for therr consent agenda October 17,2005 meetmg attachment: WSDOT Connnute Tnp ReductIon Contract 2005-2007 ~ P~I C \DOCUME-I \WYl1etta LOCALS-I \Temp\STAFFR -2.DOC 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 10/05/05 ~ Community and Parks Committee September 27, 2005 Page 2 3. Commute Trip Reduction Contract Maggie, who is the City's Commute Trip Reduction (CTR) Coordinator, explained how she encourages compliance citywide with the CTR requirements. WSDOT funds CTR, and the City contracts with the Maggie for program administration. The contract includes funding for the first year of a two-year program. Forward briefin~ and contract to COW. ~ Committee chair approval Minutes by LL Commute Trip Reduction Implementation Agreement Washington State Contractor Department of Transportation City of Tukwila 310 Maple Park Avenue 6300 Southcenter Blvd PO Box 47387 Tukwila, W A 98188 Olympia, W A 98504-7387 Key Contact Person: Margaret Lubov Key Contact Person: Robin Hartsell Employer Federal ill #91-6001519 Project Amount ProJ ect Amount July 1, 2005 through June 30, 2006 July 1, 2006 through June 30, 2007 $36,605 Will be allocated as set forth m ExhibIt I, Fundmg AllocatlOn Methodology Agreement Start Date CompletIOn Project TItle Number Date Commute Trip Reduction Implementation GCA4571 July 1, 2005 June 30, 2007 ThIS AGREEMENT is entered mto by the Washmgton State Department of TransportatIOn (heremafter referred to as "WSDOT") and the Contractor Identlfied above (heremafter referred to as "CONTRACTOR"), and/or mdIvIdually referred to as the "PARTY" and collectlvely referred to as the "PARTIES." WHEREAS, RCW 70.94.521 through 70 94,551 reqUIres counties, cItles and towns contammg "major employers," m countles wIth populatIOns over 150,000, to develop ordmances, plans and programs to reduce Vemc1e Miles Traveled (VMT) and Smgle Occupant Vemc1e (SOV) commute tnps, and thereby reduce vemc1e-related arr pollutIOn, traffic congestlOn and energy use, and WHEREAS, RCW 70.94.541 (2) provides for technical assistance to counties, cities, and towns m developing and Implementmg Commute Trip ReductIOn (CTR) plans and programs, and WHEREAS, RCW 70,94,544 provIdes for distributIOn of funds for local CTR ImplementatIOn efforts, and WHEREAS, WSDOT desires to acmeve tnp reductIOn m order to 11llprove the efficIency of the state transportation system and the quality of life for cItlzens of the State of Wasmngton, and WHEREAS, WSDOT hereby deSIres to engage and the CONTRACTOR so agrees to perfonn all tasks as heremafter agreed upon by both PARTIES, and NOW, THEREFORE, in consideratlOn of covenants, conditions, perfonnances and promIses herem contamed and ExhibIts I, II and III, attached hereto and made a part hereof, the PARTIES agree to the tenns and condItlons followmg: Page 1 of 16 GCA4571 Section 1 Purpose of Agreement The purpose of this AGREEMENT IS for WSDOT to provIde fundmg to the CONTRACTOR to be used solely for actlvItles undertaken to fulfill the reqmrements ofRCW 70,94 521 through 551 and to Implement tasks as described m ExhibIt II, Scope of Work. Section 2 Scope of Work The CONTRACTOR and WSDOT agree to perfonn all desIgnated tasks under tills AGREEMENT as described m ExhibIt II, Scope of Work. Section 3 Time for Beginning and Completion The work to be perfonned under tills AGREEMENT shall commence on July 1, 2005, and tennmate on June 30, 2007, unless tennmated sooner as provIded herem, Section 4 Reimbursement and Payment WSDOT shall rennburse the CONTRACTOR for elIgible expendItures not to exceed $36,605 during the AGREEMENT penod. The maximum amount of fundmg for the CONTRACTOR was detennmed using the methodology contamed m ExhibIt I, Fundmg AllocatlOn Methodology WSDOT wIll rennburse the CONTRACTOR only for actual and eligible dIrect and related mdrrect project costs. Payment WIll be made on a reImbursable basIs. Payment IS subject to the submisslOn to and approval by WSDOT of properly prepared mVOlces accomparned by progress reports as provided in SectlOn 6 and financIal summanes. The CONTRACTOR shall submIt an mvoice (state fonn A-19) or WSDOT approved mVOlce fonnat to WSDOT m order to receIve reImbursement. The CONTRACTOR may submit mVOlces, not more than once per month, dunng the course of tills AGREEMENT. The CONTRACTOR shall submit a final mVOlce to WSDOT no later than July 15, 2007 Any mVOlce receIved after July 15, 2007 wIll not be eligible for reImbursement. Witilln 30 days after recelvmg an mVOlce and upon approval, WSDOT shall remit payment to the CONTRACTOR. All mVOlces and payments shall be based on and pmd on actual work perfonned and actual costs mcurred up to the maXImum amount Identified m this AGREEMENT, Section 5 Project Records The CONTRACTOR agrees to establish and mamtam for the project eIther a separate set of accounts or accounts WIthm the rramework of an establIshed accountmg system, m order to sufficIently and properly reflect all elIgible dIrect and related mdlrect project costs clmmed to have been mcurred m the perfonnance of tills AGREEMENT Such accounts are referred to herem collectlVely as the "Project Account", All costs clmmed agamst the Project Account must be supported by properly executed payrolls, tlme records, mVOlces, contracts, and payment vouchers evidencing m sufficIent detml the nature and propnety of the costs clmmed. Page 2 of 16 GCA4571 Section 6 Progress Reports The CONTRACTOR shall submIt to WSDOT progress reports as described m ExhibIt II, Scope of Work, so that WSDOT may adequately and accurately assess the progress made under the terms of tills AGREEMENT, Progress reports shall be submItted to WSDOT along wIth every invOlce request for reImbursement submItted pursuant to SectIOn 4, Rellllbursement and Payment. Section 7 Audits, Inspections, and Records Retention WSDOT, the State AudItor, and any of theIr representatIves, shall have full access to and the nght to examine, during nonnal business hours and as often as they deem necessary, all of the CONTRACTOR's records with respect to all matters covered by tills AGREEMENT, Such representatives shall be penmtted to audIt, examme and make excerpts or transcripts from such records, and to make audits of all contracts, mVOlces, matenals, payrolls, and other matters covered by tills AGREEMENT. In order to facilItate any audIts and mspectIOns, the CONTRACTOR shall retam all documents, papers, accountmg records, and other matenals pertaimng to tills AGREEMENT for SIX (6) years ITom the date of completIOn of the project or the project fmal payment date. However, m case of audIt or lItIgatIon extendmg past that SIX (6) years penod, then the CONTRACTOR must retam all records untIl the audit or htIgatIOn IS completed. The CONTRACTOR shall be responsible to assure that It, WSDOT, the State Auditor, and any of therr representatIves, retam comparable audIt nghts with respect to subcontractors to the CONTRACTOR WIthm the scope of tills AGREEMENT. Section 8 Agreement Modifications A. EIther PARTY may request changes to tills AGREEMENT, mcluding changes m the Scope of Work. Such changes that are mutually agreed upon shall be mcorporated as wntten amendments to the AGREEMENT. No variatIOn or alteratIOn of the terms of tills AGREEMENT shall be vahd unless made in wntmg and sIgned by authonzed representatIves of the PARTIES hereto. B. Any addItIOnal fundmg secured by WSDOT beyond the amount Identified m SectIOn 4, Rellllbursement and Payment WIll be allocated to the CONTRACTOR for the penod July 1, 2005 to June 30, 2007 m accordance wIth the methodology described m ExhibIt I, Fundmg Allocation Methodology. If an increase m fundmg by the fundmg source augments the CONTRACTOR's allocation of funding under thIS AGREEMENT, the CONTRACTOR and WSDOT agree to enter mto an amendment to tills AGREEMENT, provldmg for an appropnate change m the Scope of Work and/or the project amount m order to reflect any such mcrease m fundmg. C. If a reductIOn of fundmg by the fundmg source reduces the CONTRACTOR's allocatIOn of fundmg under tills AGREEMENT, the CONTRACTOR and WSDOT agree to enter mto an amendment to this AGREEMENT provIdmg for an appropnate change m the Scope of Work and/or the AGREEMENT amount m order to reflect any such reductIOn offundmg. Page 3 of 16 GCA4571 Section 9 Recapture Provision In the event that the CONTRACTOR falls to expend state funds m accordance wIth state law and/or the prOVlSlons of tills AGREEMENT, WSDOT reserves the nght to recapture state funds m an amount eqmvalent to the extent of noncomphance Such nght of recapture shall eXIst for a penod not to exceed three (3) years followmg tennmatIOn or expIratIOn of thIs AGREEMENT, The CONTRACTOR agrees to repay such state funds under thIS recapture provlSlon wlthm 30 days of demand. Section 10 Disputes A. Disputes. DIsputes, ansmg m the perfonnance of tills AGREEMENT, whIch are not resolved by agreement of the PARTIES, shall be decIded m wntmg by the authonzed representatIve ofWSDOT Pubhc TransportatIOn and Commute Options (PT&CO) Office. If the PARTIES cannot resolve a dispute by mutual agreement, the CONTRACTOR may submit a wntten detalled description of the dIspute to the PT &CO Program Manager who wllllssue a wntten declSlon within ten (10) days of receipt ofthe wntten descnption of the dIspute. Tills decIsIOn shall be fmal and conclusive, B Performance During Dispute. Unless otherwise dIrected by WSDOT, the CONTRACTOR shall contmue perfonnance under tills AGREEMENT willIe matters m dIspute are bemg resolved. Section 11 Termination WSDOT, at ItS sole dIscretion, may suspend or tennmate thIS AGREEMENT m whole, or m part, for the reasons followmg: A. The CONTRACTOR matenally breaches, or falls to perfonn any ofthe reqmrements of, tills AGREEMENT, and after fourteen (14) days written notlce, has failed to cure the condltlon(s) causmg that breach, CondItions of breach may mclude, but are not be limited to' . Any actIOn taken by the CONTRACTOR wIthout WSDOT approval, WhICh under the prOVlSlons oftills AGREEMENT, reqmred WSDOT approval; . Fallure to perfonn in the manner called for under tills AGREEMENT; or . Fallure to comply wIth any provIsIOn of this AGREEMENT, B. The CONTRACTOR is prevented from proceedmg wIth the AGREEMENT by reason of a temporary prelnnmary, specIal, or pennanent restrammg order or mJunction of a court of competent Junsdlction where the Issuance of such order or mJunctIOn IS pnmanly caused by the acts or omISSIons of persons or agencIes other than the CONTRACTOR; C. The reqmsite state or federal fundmg IS reduced or becomes unavallable through fallure of appropnatIOn or otherwIse; D, WSDOT determines that the continuation of the project would not produce beneficIal results commensurate with the further expendIture of funds, E, WSDOT, at ItS sole dIscretion, determines to accept a request made m wntmg by the CONTRACTOR to tennmate the AGREEMENT m whole or m part; or F WSDOT detennmes that suspenSIOn or tennmatIOn IS m the best interests of the state Page 4 of 16 GCA4571 If thIs AGREEMENT IS tel111mated under subsectIons B, C, D, E, and/or F of thIs SectIOn, the CONTRACTOR may be reImbursed only for actual and elIgible dIrect and related mdIrect expenses mcurred pnor to the date of tel111matIOn, and then only to the extent of appropnated funds, If thIs AGREEMENT IS tel111mated under subsectIOn A of thIS SectIOn, the WSDOT shall not be oblIgated to provide any addItIonal reImbursement, and \VSDOT shall retain all nghts to seek recapture or damages from the CONTRACTOR. Section 12 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT ill exercIsmg any nght or remedy hereunder, or otherwIse afforded by applicable law, shall not be a Walver of or preclude the exerCIse of any such nght or remedy Section 13 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constItute or be construed as a Walver by WSDOT of any CONTRACTOR breach, or default whIch and shall ill no way imparr or prejUdICe any nght or remedy available to WSDOT wIth respect to any breach or default. Section 14 Independent Contractor The CONTRACTOR shall be deemed an illdependent CONTRACTOR for all purposes, and the employees of the CONTRACTOR or any of ItS subcontractors and the employees thereof, shall not in any manner be deemed to be employees ofWSDOT, Section 15 WSDOT Advice The CONTRACTOR bears complete responsibihty for the admIllistratIOn and success of the work as It IS defmed in thIs AGREEMENT and any amendments thereto. Although the CONTRACTOR IS allowed to seek the advice of WSDOT, the offering of WSDOT advIce shall not modify the CONTRACTOR's rights and obligations under tills AGREEMENT, and WSDOT shall not be held liable for offenng adVIce to the CONTRACTOR. Section 16 Limitation of Liability and Indemnification No liabIlIty shall attach to WSDOT or the CONTRACTOR by reason of entenng mto thIS AGREEMENT, except as expressly provIded herein. Tills AGREEMENT IS not mtended to benefit any thIrd party The CONTRACTOR shall mdemmfy and hold WSDOT, ItS agents, employees, and/or officers hal111less from, and shall process and defend at ItS own expense, any and all claims, demands, smts, penaltIes, losses, damages (both to persons and property), or costs of whatsoever kmd or nature (hereafter "clalllls") brought agamst WSDOT ansmg out of or mCIdent to the execution, perfol111ance or fallure to perfol111 under thIS AGREEMENT, provIded, Page 5 of 16 GCA4571 however, that if such claIms are caused by or result from the concurrent neglIgence of (a) the CONTRACTOR, Its agents, employees, and/or officers and (b) vYSDOT, Its agents, employees, and/or officers, tills mdemmty provIsIOn shall be valId and enforceable only to the extent of the neglIgence of the CONTRACTOR, ItS agents, employees, and/or officers, and provIded further that notillng herein shall reqUIre the CONTRACTOR to hold harmless or defend WSDOT, ItS agents, employees, and/or officers from any clalllls ansmg from the sole neglIgence of WSDOT, ItS agents, employees, and/or officers. Section 17 Hold Harmless It IS understood and agreed that tills AGREEMENT IS solely for the benefit of the PARTIES hereto and gives no nght to any other party, No Jomt venture or partnershIp IS formed as a result of this AGREEMENT Each PARTY hereto agrees to be responsible and assumes lIabIlity for its own negligent acts or omissIOns, or those of its officers, agents or employees, Each agreement, contract or subcontract for services or actlvItles to further the terms of tills AGREEMENT u shall mclude an mdemmficatIOn and hold harmless provIdmg that WSDOT and the State of Washington are not lIable for damages or clalllls for damages ansmg from any CIty, town, desIgnee or subcontractor's performance or actIvltles under the terms of those agreements, contracts or subcontracts. Section 18 Governing Law, Venue, and Process Tills AGREEMENT shall be construed and enforced m accordance wIth, and the valIdIty and performance thereof shall be governed by the laws of the State of Wasillngton. In the event that eIther PARTY deems it necessary to mstltute legal actIOn or proceedmgs to enforce any nght or oblIgatIOn under tills AGREEMENT, the PARTIES hereto agree that any such action shall be Imtlated m the Supenor Court of the State of Wasillngton situated m Thurston County. The CONTRACTOR hereby accepts servIce of process by registered mall consIstent WIth RCW 4.28.080(1). Each PARTY shall bear ItS own legal costs and expenses, mcludmg attorney fees, in any such lItlgation, Section 19 Compliance with Laws and Regulations The CONTRACTOR agrees to abIde by all applIcable state and federal laws and regulatIOns, mcludmg, but not 1llll1ted to, those concernmg employment, equal opportumty employment, nondlscrimmatIOn assurances, project record keepmg necessary to eVIdence AGREEMENT complIance, and retentIOn of all such records The CONTRACTOR wIll adhere to all of the nondlscnminatIOn provisIOns m Chapter 49.60 RCW. The CONTRACTOR wIll also comply wIth the Americans with DIsabilities Act (ADA), Public Law 101-336, which provIdes comprehensIve CIVIl nghts protectIOn to mdlvlduals wIth disabIlItles m the areas of employment publIc accommodatlons, state and local government servIces and telecommumcatIOn. Page 6 of 16 GCA4571 Section 20 Section Headings All sectIOn headmgs are mserted for convemence only and shall not affect any constructIon or mterpretatIOn of thIS AGREEMENT Section 21 Severability If any covenant or provIsIon of tills AGREEMENT shall be adjudged vOId, such adjudIcatIOn shall not affect the valIdIty or oblIgatIOn of perfonnance of any other covenant or provlSlon, or part thereof, that m Itself is valId If such remamder confonns to the tenns and reqmrements of applIcable law and the mtent of tills AGREEMENT. No controversy concernmg any covenant or provIsIOn shall delay the perfonnance of any other covenant or prOVISIOn except as herem allowed. Section 22 Execution and Acceptance This AGREEMENT may be executed m several counterparts, each of WhICh shall be deemed to be an onginal havmg ldentlcallegal effect. The CONTRACTOR does hereby ratIfy and adopt all statements, representations, warrantIes, covenants, and agreements and therr supportmg materials contamed and/or mentloned herem, and does hereby accept State funds and agrees to all of the tenns and conditions thereof. Section 23 Execution Tills AGREEMENT is executed by the Director of the PublIc Transportation and Rail DIvision, State of Washington, Department of TransportatIOn or the DIrector's desIgnee, not as an indivIdual mcumng personal oblIgatIOn and lIabIlIty, but solely by, for, and on behalf of the State of Wasillngton, Department of TransportatIOn, m ills/her capacIty as Director of the PublIc TransportatIOn and Rml DivIsIon. ThIS space mtentIOnally left blank:. Page 7 of 16 GCA4571 IN WITNESS WHEREOF, the PARTIES hereto have executed tills AGREEMENT the day and year first above wntten. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CONTRACTOR By: Judith Glmger, DIrector Pubhc TransportatIOn and Rml DIvIsIOn By: PnntName: TItle: Who certIfies proper authonty to execute thIS Agreement on behalf of the Contractor Date: Date: Approved as to fonn only: By: Ann E. Salay Assistant Attorney General Date: June 21,2005 Page 8 of 16 GCA4571 Exhibit I Funding Allocation Methodology Fundmg allocated by WSDOT for 10callmplementatlOn of CTR activItIes IS based on the fonnula followmg: 1. Each county IS provIded $1,260 per affected worksIte as a base allocation to ensure sufficient fundmg to meetjUnSdlctlOn obhgatlOns pursuant to RCW 70 94 521-,551 The number of affected worksltes m each county shall be based on mfonnatlOn contamed m WSDOT's database as of May 1st of each year 2, The remaming fundmg wIll be allocated based on the number of commute tnps reduced per day m each county, between each worksite's base year survey and ItS most recent survey, provIded that every county receIves at least $80,000 per year For the penod July 1, 2005 through June 30, 2006, the most recent survey penod wIll be 2003 For the penod July 1, 2006 through June 30, 2007, the most recent survey penod wIll be 2005, July 1, 2005 - June 30, 2006 Allocation Worksite Additional to Number Trips Base Performance Achieve Total County of Sites Reduced/Day Allocation Allocation $80,000 Floor Allocation Benton $50,000 Clark 48 1,157 $60,480 $29,309 $0 $89,789 Kmg 527 11,863 $664,020 $300,511 $0 $964,532 K1tsap 31 1,522 $39,060 $38,555 $2,385 $80,000 Pierce 80 2,900 $100,800 $73,462 $0 $174,262 Snohomlsh 88 806 $110,880 $20,417 $0 $131,297 Spokane 100 1,562 $126,000 $39,568 $0 $165,568 Thurston 62 550 $78,120 $13,932 $0 $92,052 Whatcom 23 421 $28,980 $10,665 $40,355 $80,000 YakIma 23 122 $28,980 $3,090 $47,930 $80,000 TOTAL 982 20,903 $1,237,320 $529,510 $90,670 $1,907,500 Any dIstributlOn of funds to junsdIctlOns wlthm a county shall be done on the basIs of the number of affected worksltes m each jUnSdlctlOn, For example, If there are two (2) ]UnSdIctlOns in a county, each with fifty percent (50%) of the total number of affected worksItes m the county, any dlVISlOn of funds wItlnn the county should provIde each of the two (2) ]UnSdIctlOns wIth fifty percent (50%) of the total county fundmg allocatlOn. Page 9 of 16 GCA4571 EXHIBIT II SCOPE OF WORK Implementation of Commute Trip Reduction (CTR) Plans and Program 1. CONTRACTOR AGREES TO: 1.1. Work to be Performed 1.1.1. The county or CIty, wlu.chever applies, has enacted a Commute Tnp ReductIOn (CTR) ordmance m comphance wIth RCW 7094,521-,551. Said ordmance reqmres, for example, the submissIOn of employee commuter surveys, employer annual reports, and other prOVlSlons for the trackmg of certam velu.c1e mIles traveled (VMT) and smgle occupant velu.c1e (SOY) commute tnps, as well as provIsions to assist m the reduction of VMT and SOY. Therefore, the CONTRACTOR agrees to implement a CTR program and to comply wIth all provIsions of the apphcable county or city ordinance, which IS mcorporated herein by reference and made a part of this AGREEMENT and tlu.s Scope of Work. 1.2. Funding Distribution and Reporting 1.2.1. The CONTRACTOR may dIstribute funds to ItS ehgible contractmg partner( s) who are lmplementmg CTR plans and ordinances as authonzed by RCW 70.94.544, by entenng mto agreements with other ]UnSdlctIOns, local transIt agencies, regIOnal transportatIOn planning orgamzatIOns, or other ehgible orgamzations, The CONTRACTOR shall submit to WSDOT Wlthm 30 days of executIOn of any agreement between the CONTRACTOR and IS ehgible contractmg partner(s): (a) a hst of dollar amounts to be dIsbursed by the CONTRACTOR to ItS elIgible contractmg partner(s), or (b) a fund dispersIOn methodology. 1.3. Implementation Plans 1.3.1. In addItIon to complymg wIth SectIon 1, above, the CONTRACTOR shall Implement all CONTRACTOR provIsIOns m tlu.s Scope of Work. Further, the CONTRACTOR shall mcorporate SectIOns 1 and 3 of the Scope of Work m all agreements wIth ehgible contractmg partner(s), as necessary, to coordmate the development, implementation, and admlmstratIOn of CTR plans and comphance with apphcable ordmances. 1.3.2. Appeals, Exemptions, and Modifications 1.3.3. The CONTRACTOR shall mamtam an appeals process consIstent WIth RCW 70.94.534(6), applicable ordmances, and procedures contamed m the Commute Tnp ReductIOn Task Force Gmdelmes, wlu.ch may be obtam from the WSDOT or found at http://wwwwsdot.wa.gov/tdrn/tnpreductIOn/CTRgmde/default.cfin. The CONTRACTOR, or ItS ehgible contractmg partner(s), shall submIt requests for CTR exemptIOns or goal modrficatIOns to WSDOT for reVIew and comment wIthm five (5) days ofrecelVmg such requests, and shall provIde WSDOT five (5) workmg days to comment prior to approvmg or denymg the request. Page 10 of 16 GCA4571 1.3.4. Survey Processing 1 3 5 The CONTRACTOR shall notIfy WSDOT pnor to sendmg employee commuter surveys to the Urnversity of Washmgton, Office of EducatIOnal Assessment, for processmg. The notlficatIOn must mc1ude the name of the workslte, employer IdentIfication code, and type of survey for each survey bemg submItted for processmg. The notlficatIOn shall be submItted as an electrornc spreadsheet VIa electrornc mail. The CONTRACTOR agrees not to delIver or send surveys for processmg unless authonzed to do so by WSDOT. 1.3.6. Database Updates 1.3.7. The CONTRACTOR agrees to provIde WSDOT wIth updated lIsts of affected worksltes and ]UnSdlctIOn contacts on a quarterly basIs. These updates shall be subrmtted electronically m a fonnat specIfied by WSDOT. 1.3.8. Employer Annual Reports 1.39, The CONTRACTOR agrees to, wlthm 30 days from the date of filmg, submit to WSDOT one (1) electrornc or hard copy of all employer annual report(s), 1.3.10. Employer Exemptions and Goal Modifications 1.3,11 The CONTRACTOR agrees to, wIthin 30 days from the date of official administratlve decisIOn, submit to WSDOT the name and employer identlficatlOn code for any workslte that has been granted an exemptlOn or goal modlficatlOn, inc1udmg mfonnatlOn about the duratlOn of all exemptlons and mfonnatIOn on the type of goal modlficatlOn granted. 1.3.12. Progress Report and Invoice 1.3.13. The CONTRACTOR agrees to submIt to WSDOT penodlc progress reports, as specIfied in ExhibIt III, Progress Report Fonnat, wIth all mVOlces m accordance with Section 4 oftrus AGREEMENT, 2. WSDOT AGREES TO: 2.1. General Technical Assistance 2,1.1. WSDOT wIll provIde support to the CONTRACTOR, or ItS elIgible contractmg partner(s), m developmg and implementmg CTR plans and programs, mc1udmg provldmg traIrnng, mfonnatlOnal matenals, and assIstance m CTR evaluatlOn. WSDOT will also assist with overall CTR marketmg and promotlOn on a statewIde basIs, 2.2. Exemptions and Modifications 2.2.1. WSDOT WIll reVIew and comment on employer requests for exemptlOns from CTR reqmrements and/or goal modlficatlOns, wIthin five (5) workmg days after receIpt. Failure to reVIew and comment on such requests wlthm five (5) workmg days after receIpt shall be consIdered a Waiver of WSDOT' s nght to comment. Page 11 of16 GCA4571 2.3. Database Management 23 1 WSDOT wIll mamtam a current database of all affected worksItes m Washmgton State WSDOT wIll mput new and/or updated worksIte mfOlmatIOn wIthm fifteen (15) workmg days after receIpt from CONTRACTOR. WSDOT wIll employ an mternal venficatIOn process to ensure all new and/or updated mformatIOn IS mput m a tImely and accurate manner InformatIOn from the WSDOT database WIll be used to determme fundmg allocatIOn consIstent WIth the methodology contamed m ExhibIt I, Funding AllocatIOn Methodology, 2.4. Training 2.4.1. WSDOT will mamtam trammg matenals to support ImplementatIOn of CTR programs, 2.5. Public Awareness 2.5.1. WSDOT wIll develop and Implement statewIde publIc awareness and recogmtion programs to support local implementatIOn of CTR programs, 2.6. Annual Reporting Assistance 2.6.1. WSDOT wIll distribute m sufficIent quantItIes the State "Program DescnptIOn & Employer Annual Report" form to the CONTRACTOR, or other elIgible recIpIents, if requested. WSDOT will also mamtain an internet-based annual report system and wIll provIde mformatIOn and ongoing techmcal assIstance to employers and JurisdIctIOns using the system. 2.7. Survey Assistance 2,7.1. WSDOT will: 2.7 1.1. Provide the CONTRACTOR, or its elIgible contractmg partner( s), wIth summary survey information If requested. 2.7.1.2. DIstribute the Employee QuestIOnnaires m sufficIent numbers to the CONTRACTOR, Its elIgible contracting partner(s)ifrequested. 2,7,1.3 Maintam an mtemet-based survey tool, and provIde informatIOn and ongomg techmcal assistance to employers and JunsdIctIOns usmg the system. 2.7.1 4 ProvIde survey processmg at no cost to the CONTRACTOR, or ItS elIgible contractmg partner(s), and affected employers, dunng the base year and all subsequent surveys. 27.1.5. Provide technical assIstance to the CONTRACTOR, or ItS elIgible contractmg partner(s), and employers, on surveying, If requested. 27 1.6, Work wIth the CONTRACTOR, onts elIgible contractmg partner(s), to calculate goal measurement mformatIOn and track measurement survey lnstory for all CTR affected worksItes Page 12 of16 GCA4571 2.7 1 7. Return the processed employee commuter survey and reports to the CONTRACTOR, or Its eligible contractmg partner(s), wIthm thIrty (30) days of the date the fOTITIS are delivered for processmg 2.7.1.8. Mamtam and penodlcally update the "CTR GUlde for Employer Surveys," \-VSDOT wIll reVIew survey gUlde/instructlOnal matenals developed by the CONTRACTOR or Its eligible contractmg partner(s) for consIstency WIth the state-developed "CTR GUlde for Employer Surveys," WhICh may be obtamed rrom WSDOT. 2.7.1.9. RevIew all electronically subIllltted survey notdicatlOns and respond to the CONTRACTOR Wlthm five (5) workmg days after receIpt. Page 13 of 16 GCA4571 Exhibit III Progress Report Format · Name of the OrgamzatlOn SubmItting Report. · SubmItted on behalf offollowmg JunsdlctlOn(s) . Contact Name' . Contact Phone and Fax Number: . Contact E-mml: 1. CTR Activities Prepare a brief summary of actIvltles undertaken dunng the penod for wmch reimbursement is requested. 2. State CTR Funds Disbursed Disbursed Total Disbursed Jurisdiction Since Last Report Fiscal Year to Date Junsdlction A $ $ Junsdiction B $ $ (etc) Total Disbursement $ $ Tms space mtentlOnally left blank:. Page 14 of 16 GCA4571 3. Expenditures This Period Under 'Categones' lIsted below, mdIcate eIther the actual expendItures, or estImated expenses If actual costs for these categones are not known. LIst the actual total expendItures on the last hne of the followmg table Local Fiscal Year Other Fiscal Year Funds to Date Funds to Date State CTR Fiscal Year Spent on Local Spent on Other Funds To Date CTR Funds CTR Funds Spent State CTR Activities Spent on Activities Spent on Since Last Funds Since Last CTR Since Last CTR Categories Report Spent Report Activities Report Activities Required Activities, $ $ $ $ $ $ including: 1. NotIficatIOn of New W orksItes 2 Ad1ll1nIstenng CTR Surveys 3. Employer Annual Report RevIew 4. ExemptIOns and ModIficatIOns 5. Record Mamtenance 6. Enforcement Employer Service Activities Employer Tra1illng $ $ $ $ $ $ IncentIves $ $ $ $ $ $ PromotIOn and $ $ $ $ $ $ Marketmg Guaranteed RIde $ $ $ $ $ $ Home Other (SpecIfy) $ $ $ $ $ $ Totals $ $ $ $ $ $ 4. Jurisdiction(s) Contact Names, Address, and Phone Numbers JunsdlctIOn A John Who CIty of X PO Box 1234 X, W A 98000 Phone (206) 999-9999 5. List of contact information for effected worksites in the Jurisdiction. The mformatIOn will be submItted m the electromc format approved by WSDOT 6. Employer Annual Reports Approved During This Period ProvIde the name and workslte IdentIficatIOn number for all employer annual reports accepted dunng tills penod. Attach a hard copy or electromc (dISC) copy of all employer annual reports accepted by the JunsdIctIOn dunng the quarter. If the JunsdIctIOn accepted employer annual reports submItted VIa WSDOT's web-based reportmg system, mdIcate the name and worksIte IdentIficatIOn number for each worksIte report accepted. Page 15 of 16 GCA4571 7. Employer Exemptions and Goal Modifications Granted During This Period ProvIde the name and workslte IdentIficatIOn number for any workslte that has been granted a CTR exemptIOn or goal modIficatIOn dunng the penod, mcludmg mfonnatIOn about the duratIOn of all exemptIOns and mfonnatIOn on the type of goal modIficatIOn granted. Page 16 of 16 GCA4571 Tentative Agenda Schedule MONTH MEETING 1 - MEETING 2 - MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR C.O.W. October 3 10 17 24 3d" - Return to See agenda packet SpecIal PresentatIOns. standard tlIlle cover sheet for this - Medals of Merit week's agenda presented to (October 10, 2005 TukwIla Pohce Committee of the Officers Rory Metthn Whole iVfeeting) and Mike Richardson, and former TukwIla Pohce Officers Russ Hicks and Oct. 31 (Mon.) Mark Renninger Oct. 12 (Wed.) - Southwest Alrlmes. City Council Special Meeting New Busmess: Special Meeting (Jomt Council/ Resolution regardmg 6:00 PM Plannmg COnltUlSSlOn unclaimed property Council Chambers work sesslOn) Tukwila South project 6:00 PM Council Chambers Unfinished Business' Update on transpor- tatIOn element of the Comprehensive Plan, November 7 14 21 28 fI" - General Election Day If"- Veterans' Day (City offices closed) 241"_ Thanksglvmg Day (City offices closed) 251" -Day after Thanksgivmg (City offices closed) December 5 12 19 26 261"- Chnstmas Day- observed (City offices closed) Upcomil1gMeeti..gs & Events OeTOBERcJ2D05 c 10th (Monda') >- Transportation Cmte, 5:00 PM (CR #1) Chipper Day 10:00 AM to 1:00 PM >- 12th SPECIAL MEETING Joint City Council! Planning Commission work session: Update on transportation element of the Comprehensive Plan 6:00 PM (Council Chambers) ? Civil Service Commission, 5'00 PM (CR #3) ? Highway 99 Action Crnte, 7:00 PM (Community Center) ,. City Council Committee of the Whole Mtg., 7'00 PJ',.I (Council Chambers) Human Services Advisory Board, 10:00 AM (Human Services Office) \.":"J 7CO" 17th ,. Finance & Safety Cmte, 5:00 PM (CR #3) Domestic Violence Task Force Mtg., 12:00 Noon (CR #5) ~ City Council Regular Mtg., 7:00 PM (Council Chambers) ? Parks Commission, 5.30 PM (Community Center) }o> Lodging Tax Advisory Cmte, 12:00 NOON (Courtyard by Marriott SeaTac (16038 W Valley Hwy) }o> Library Advisory Board, 7:00 PM (Foster Library) 21st .J{am[et X Presented by Brownbox Theatre as part of TuJewila Parks & Recreation Teen Late Night FREE! 8:00 PM (Tllkwila Commllnity Center) A lUng County Performance Network presentation of Site- Specific Art Happenings .,. Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burns at 206-243-6506. >- Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kimberly Matej at 206-767-2342. ,. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Damon at 206-575-1633 , Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 AM to 1:00 PM, Foster HS main parking lot. Dispose of prunings and plant materials from the 10nghorned beetle quarantine area. Drive your truckload of materials to the parking lot and help will be provided to unload, chip and dispose of materials free of charge. Be sure to bring 10 with quarantine area address. >- 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., 7:00 PM, Council Chambers at City Hall. :,.. Civil Service Commission: 2nd Mon., 5:00 PM, Com. Room #3 Contact Be-.' Willison at 206-433-1844 ;;. Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #3. Agenda itenzsfor 10/11/05 meeting' (A) Administrative appeals process. (B) Proposed resolution ratifYing the water resource inventory (WRlA 9) salmon habitat plan. (C) Proposed amendment to WRlA 9 watershed planning imerlocal agreement. (D) Zoning Code updates. (E) Relocation assistance for tenants. (F) Revie-.y of2006 proposed budget and CIP >- COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6.30 PM, Conf. Rm #5. Marja Murray (206-433-7175). ,. Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room #5. Contact Marja Murray at 206-433-7175. ;;. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room #5. Contact Evie Boykan or Stacy Hansen at 206-433-7180. ;;. Equity & Diversity Commission: 1st Thurs., 5 15 PM, Showalter Middle School Library Contact Lucy Lauterbach at 206-433-1834 ;;. Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #3 ,. Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206-433-1812. , Human Services Advisory Brd: 2nd Fri. of even monlhs, 10:00 AM, Human Services Office. Contact Evie Boykan at 206-433-7180. ,. Human Services Providers: 11.30 AM, TCC, (tentative schedule: 3/18, 6117, 9/16, 1212). Contact Stacy Hansen at 206-433-7181 'r Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library Contact Bruce Fletcher at 206-767-2343 ;;. Lodging Tax Advisory Committee: Every other month (or as scheduled), 12 NOON. Contact Katherine Kertzman at 206-575-2489 ;;. Parks Commission: 3rd Wed., 5.30 PM, Senior Game Room at Community Center. Contact Kimberly Matej at 206-767-2342. ,. Planning CommissionlBoard of Architectural Review: 4th Thurs.. except 2nd Thursday in Nov & Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta BivetlSat 206-431-3670. ? Sister City Committee: Contact LlIcy Lauterbach at 206-433-1834 , Transportation Committee: 2nd & 4th Mon., 5:00 PM, Conf. Room #1 Agenda items for 10/10/05 meeting' (A) Resolution opposing national telecommunicatiotlS legislation. (B) Resolution regarding Initiative 912. (C) Turnover documents for Acme Bowling. (D) CotlSultant selection for 2005 bridge hzspections contract. (E) Proposed 2006 CIP and budget. ? Utilities Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room # I ~ Court = Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).