Loading...
HomeMy WebLinkAboutReg 2007-03-19 COMPLETE AGENDA PACKET J J w ,q Tukwila City Council Agenda REGULAR MEETING u►i y% O Steven M. Mullet Mayor Councilmembers: Joe Duffle Joan Hernandez F 0_ Rhonda Berry, City Administrator Pam Carter Jim Haggerton 1908 Verna Griffin, Council President Pamela Linder Dennis Robertson Monday, March 19, 2007; 7:00 PM Ord 2157• Res #1628 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Community Oriented Policing Citizens' Advisory Board PRESENTATIONS (COPCAB) recognition of City employee and City volunteer who exemplify the community policing model; Jun Castillo, COPCAB Board Member. b. State of the Municipal Court; Judge Kimberly Walden. At this time, you are invited to comment on items not included 3. CITIZEN on this agenda (please limit your comments to five minutes per COMMENT citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT a. Approval of minutes: 03/05/07 (Regular). AGENDA b. Approval of vouchers. c. Accept as complete the 35th Avenue South Emergency Pipe Pg.5 Repair Project with R.L. Alia Company; authorize release of retainage subject to the standard claim and lien release procedures (final cost of project, including retainage: $41,458.24). 5. BID AWARDS Award a contract to Construct Company in the $100,559.62 for the Pg.11 Westfield Shoppingtown North Sewer Repair Project 6. NEW BUSINESS a. Update on Jail Alternative Program. Pg.17 b. Authorize the Mayor to sign a cooperative agreement with the Pg.25 Washington State Department of Transportation for the I -405 Widening Project. c. A resolution supporting the employee Wellness Program. Pg.37 d. Electrical Code: Pg.45 (1) An ordinance amending the Tukwila Municipal Code to transfer responsibility for the State Electrical Code to the City of Tukwila. (2) Authorize the Mayor to sign an interlocal agreement with the City of SeaTac for the provision of plan review and inspection services for administration of the State Electrical Code. (Continued) Tukwila City Council Agenda REGULAR MEETING •3 March 19, 2007 Page 2 7. REPORTS a. Mayor c. Staff e. Intergovernmental Y g b. City Council d. City Attorney 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNOPSIS J��VI s0 ;sZSS Initials ITEM No. Q 14-)• Meeting Date Prepared by Mayor's review 1 C'oja l review w i o 3/19/07 BG rf-& rsoa I I N I I I I ITEM INFORMATION CAS NUMBER: 07-030 I ORIGINAL AGENDA DATE: MARCH 19, 2007 AGENDA ITEM TITLE Accept as complete 35 Ave South Emergency Pipe Repair Project and release retainage. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mfg Date Mtg Date 03/19/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs 111 DCD Finance Fire Legal P&R Police PTV SPONSOR'S The contract with R.L. Alia Company is complete for the 35 Avenue South Emergency SI.TASIARY Repair Project. An emergency was declared for this project by Resolution No. 1625. The emergency contract repaired 80 feet of roadway caused by a large sinkhole. Construction began February 12, 2007 and was entirely completed on February 15, 2007. No change orders were issued, the project is ready for final acceptance and the total contract was $41,458.24. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: 03/06/07 RECOMMENDATIONS: SPONSOR /ADMIN. Accept contract as complete and authorize release of retainage. COMMITTEE Unanimous approval; forward to Regular Consent Agenda. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $41,458.24 $320,000.00 Fund Source: 412.02 Surface Water Small Drainage Projects (page 139, 2007 CIP) Comments: MTG. DATE I RECORD OF COUNCIL ACTION 03/19/07 MTG. DATE I ATTACHMENTS 03/19/07 1 Information Memo dated February 28, 2007 Notice of Completion of Public Works Contract 07 -030 Utilities Committee Meeting Minutes from March 6, 2007 INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: February 28, 2007 Subject: 35`) Ave. South Emergency Pipe Repair Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of retainage in the amount of $1,905.25. BACKGROUND The Notice to Proceed for Contract No. 07 -030 with R. L. Alia Company, of Renton, Washington, was issued February 12, 2007, for construction of the 35 Ave. South Emergency Pipe Repair Project No. 07 -DR02. Work began on February 12, 2007, and was totally completed on February 15, 2007. No change orders were issued and there were no cost overruns or underruns. Contract Award Amount 38,105.00 Sales Tax 8.8% 3,353.24 Total Amount Paid (incl. retainage) 41,458.24 RECOMMENDATION It is recommended that this contract be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and authorize the release of retainage, subject to the standard claim and lien release procedures. RL: ad attachment: Notice of Completion of Public Works Contract (P.P ojectt4l- DR PmjecG.07DR02\Info Memo Closeout) State of Washington Department of Revenue PO Box 47474 REVENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.) 600 149 378 Date 2/20/07 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name &_Address ofPubhc Agency- 1 „Department Use Ou1y Assigned To City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number 35th Ave. South Emergency Pipe Repair (Project No. 07 DR02) 07 030 Contractor's Name Telephone Number R. L. Alia Company 425 226 8100 Contractor's Address 107 Williams Ave. South, Renton, WA 98057 Date Work Commenced Date Work Completed Date Work Accepted 2/12/07 2/15/07 Surety or Bonding Company Zurich American Insurance Company Agent's Address Parker Smith Feek, Inc., 2233 112th Ave. NE, Bellevue, WA 98004 Contract Amount 38,105.00 Additions 0.00 Liquidated Damages 0.00 Reductions 0.00 Sub -Total 38,105.00 Amount Disbursed 39,552.99 Amount of Sales Tax Paid at 8.8 3,353.24 Amount Retained 1,905.25 (If various rates apply, please send a breakdown.) TOTAL 41,458.24 TOTAL 41,458.24 Disbursing Officer Comments: Signature Type or Print Name Diane Jaber Finance Approval Phone Number 206 433 -1871 i The Disbursing Officer must complete and mail THREE copies of this notice to the Depai invent of Revenue, PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype (TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov. REV 31 0020e (6- 27-01) Utilities Committee March 6, 2007 Present: Joan Hernandez, Chair; Joe Duffie, Jim Haggerton Jim Morrow, Frank Iriarte, Pat Brodin, Bob Giberson, Ryan Larson, Mike Cusick, Gail Labanara, Chuck Parrish A. Westfield Shoppinetown North Sewer Repair Bid Award Jim M explained that in the original 1969 agreement with the Mall, all utility lines were the City's responsibility. In the new 2005 developer's agreement, all utilities were returned to Westfield Mall yet we had to repair a "dip" in one of the sewer lines before turnover. The low bid came in under budget and we have worked with Construct Company before with satisfactory results. Joan asked where Lift Station No. 2 was located and was told that it is at the intersection of Minkler and Andover Park West. Unanimous approval: forward bid award of $100.559.62 to COW. B. 35 Ave S Emereencv Pine Repair Proiect Completion and Acceptance Ryan stated that the emergency repair was completed and that the contract is ready to be closed out. Clay pipes that had disintegrated over time caused the sinkhole. Joan stated that the original contract had gone to Transportation Committee and it was explained that due to the emergency, the contract was added to the next available Committee agenda, which was Transportation. It is a Utilities contract under Surface Water. Unanimous approval: forward to Regular Consent. Other: Information Only Email from a citizen reporting a road hazard on E Marginal Way South had been repaired. Undergrounding of TIB Phase II III. Jim H. requested that the Utilities Committee be kept informed of any ongoing developments. Jim M. stated that staff had met with the design consultant, KPG, and that they will have the bid ready by June 1, 2007. We will determine then if Seattle City Light will pay for undergrounding and if so, will bid with undergrounding included as an additive. If SCL does not have the funds available, then we will bid with the reduced scope package. It was estimated that the design itself will cost SCL approximately $70,000 with the undergrounding at $6 million. TIB Phase I undergrounding. SCL's power lines have been removed and Qwest is in the process of removing their lines and will also be responsible for removal of the poles. The poles may be removed as soon as next week. We will then start patching the holes left by the poles and the final paving of S 144 St. We are in the process of negotiating the final payment to SCL for Phase I and S 144 St undergrounding. WSDOT's 1 -5 paving projects will close lanes near Seattle from August 10 through 29. An article in the Hazelnut was suggested, as this will impact our roads. Jim H. reported on the FCC's Cable Franchising legislature and distributed an Executive Summary by Miller Van Eaton that summarizes the issues. Qwest is currently lobbying for a "State" franchise as opposed to dealing with each City's right -of -way. Jim H. also stated that he would be attending the National League of Cities Conference this weekend. Joe Duffie reported a pothole at S 140 and 55 Ave S that seems to be getting bigger. Jim M. also discussed the detention pond that Joe had asked about and was told that staff will contact the property owner with the possibility of installing a fence due to the children that pass by the area everyday. c Committee Chair Approval Minutes by GL, reviewed by PB, RL C :\Documents and Settings \Gail\My Documents \WINWORD \UC Minutes 2007- 03- 06.doc Page 1 of 1 COUNCIL AGENDA SYNOPSIS c� 4, Ny'' Initials ITEM No. "1-449 1 1, (y4jA 19'; Meeting Date 1 Prepared by I Mayor's review 1 Cou�ral review I 03/12/07 1 BG ,rvr I /6 1 lt►. I 03/19/07 1 BG 1 1 1 ITEM INFORMATION CAS NUMBER: 07-031 IORIGINAL AGENDA DATE: MARCH 12, 2007 AGENDA ITEM TITLE Bid Award for Westfield Shoppingtown North Sewer Repair Project CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 37W6-7 Mtg Date Mtg Date Mtg Date Mtg Date 3/19/07 Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PT/ SPONSOR'S This project will repair the sanitary sewer lines that have settled at the Westfield SUMMARY Shoppingtown Mall. The repair is required before the sewer lines can be turned back to the Mall for ownership and maintenance per the developer's agreement. The project was advertised on February 8 and 15, 2007, and seven bids were opened on February 23, 2007. The low bid of $100,559.62 was from Construct Company, who has previously completed satisfactory work for the City. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/6/07 RECOMMENDATIONS: SPONSOR/ADMIN. Award contract to the lowest bidder, Construct Company. COM III lEE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $100,559.62 $150,000.00 Fund Source: 402.02 Sewer Fund (page 115, 2007 CIP) Comments: 1 MTG. DATE I RECORD OF COUNCIL ACTION 3/12/07 1 Mt ptijacr C•anre 1 3/19/07 1 MTG. DATE I ATTACHMENTS 3/12/07 1 Information Memo dated February 26, 2007 Bid Tabulation Utilities Committee Meeting Minutes from March 6, 2007 3/19/07 Same as above INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: February 26, 2007 Subject: Westfield Shoppingtown North Sewer Repair Project No. 06 -SW04 BID AWARD ISSUE Award the bid for the Westfield Shoppingtown North Sewer Repair Project. BACKGROUND A section of the City-owned sanitary sewer line at the Westfield Shoppingtown Mall, near Macy's, has settled causing a low spot in the sewer line. The sanitary sewer is required to be repaired before the sanitary sewer lines at the Mall can be turned back to the Mall for ownership and maintenance, per the Developer's Agreement. Staff completed the documents for the project in December 2006 and advertised on February 8 and February 15, 2007. Seven bids were opened on February 23, 2007, and the bids have been tabulated (see attached). The engineer's estimate was $124,168.00. Construct Company of Sumner, Washington, submitted the low bid of $100,559.62. All bids included state sales tax and bonding and insurance was required. The project is listed in the 2007 Capital Improvement Program on page 115 and is within budget. The City of Tukwila contracted with Construct Company for the Lift Station #2 Overflow project in 2004 and their work on the project was satisfactory. BUDGET AND BID SUMMARY Bid Results Engineer's Estimate Budget Bid 100,559.62 124,168.00 150,000.00 Contingency (10 10,055.96 Total 110,615.58 124,168.00 150,000.00 RECOMMENDATION Award the bid for the Westfield Shoppingtown North Sewer Repair project to Construct Company in the amount of $100,559.62. MC:lw attachment: Bid Tabulation (P:Proj. s/A- SW Projs¢ \06SW03 \mcmo 022607sm Bid Avard) WESTFIELD SHOPPINGTOWN NORTH SEWER REPAIR 06-SW04 Utilities Committee March 6, 2007 Present: Joan Hernandez, Chair; Joe Duffie, Jim Haggerton Jim Morrow, Frank Iriarte, Pat Brodin, Bob Giberson, Ryan Larson, Mike Cusick, Gail Labanara, Chuck Parrish A. Westfield Shoppingtown North Sewer Repair Bid Award Jim M explained that in the original 1969 agreement with the Mall, all utility lines were the City's responsibility. In the new 2005 developer's agreement, all utilities were returned to Westfield Mall yet we had to repair a "dip" in one of the sewer lines before turnover. The low bid came in under budget and we have worked with Construct Company before with satisfactory results. Joan asked where Lift Station No. 2 was located and was told that it is at the intersection of Minkler and Andover Park West. Unanimous approval: forward bid award of $100.559.62 to COW. B. 35 Ave S Emergency Pipe Repair Proiect Completion and Acceptance Ryan stated that the emergency repair was completed and that the contract is ready to be closed out. Clay pipes that had disintegrated over time caused the sinkhole. Joan stated that the original contract had gone to Transportation Committee and it was explained that due to the emergency, the contract was added to the next available Committee agenda, which was Transportation. It is a Utilities contract under Surface Water. Unanimous approval; forward to Regular Consent. Other: Information Only Email from a citizen reporting a road hazard on E Marginal Way South had been repaired. Undergrounding of TIB Phase II III. Jim H. requested that the Utilities Committee be kept informed of any ongoing developments. Jim M. stated that staff had met with the design consultant, KPG, and that they will have the bid ready by June 1, 2007. We will determine then if Seattle City Light will pay for undergrounding and if so, will bid with undergrounding included as an additive. If SCL does not have the funds available, then we will bid with the reduced scope package. It was estimated that the design itself will cost SCL approximately $70,000 with the undergrounding at $6 million. TIB Phase I undergrounding. SCL's power lines have been removed and Qwest is in the process of removing their lines and will also be responsible for removal of the poles. The poles may be removed as soon as next week. We will then start patching the holes left by the poles and the final paving of S 144 St. We are in the process of negotiating the final payment to SCL for Phase I and S 144 St undergrounding. WSDOT's I -5 paving projects will close lanes near Seattle from August 10 through 29. An article in the Hazelnut was suggested, as this will impact our roads. Jim H. reported on the FCC's Cable Franchising legislature and distributed an Executive Summary by Miller Van Eaton that summarizes the issues. Qwest is currently lobbying for a "State" franchise as opposed to dealing with each City's right -of -way. Jim H. also stated that he would be attending the National League of Cities Conference this weekend. Joe Duffie reported a pothole at S 140 and 55 Ave S that seems to be getting bigger. Jim M. also discussed the detention pond that Joe had asked about and was told that staff will contact the property owner with the possibility of installing a fence due to the children that pass by the area everyday. nv Committee Chair Approval M inutes by GL, reviewed by PB, RL C:\Documents and Settings \Gail\My Documents \WINWORD \UC Minutes 2007- 03- 06.doc Page 1 of 1 I COUNCIL AGENDA Si'NOPSIS Z' Initials ITEMNO. —i l 1, Lot, �1 1 Meeting Date Prepared by Mayor's review 1 Cptm l review ,L. 03/12/07 I I I 1 0.= n -1liglm 1 k- w 1 (Trig 1 rsos J 1 1 1 a. ITEM INFO RM ATION- CAS NUMBER: 07-032 I ORIGINAL AGENDA DATE: 03/12/07 AGENDA IL'EM TITLE Jail Alternative Program Cr TEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other 3D 1 ate 907 Mtg 3fl ffh' Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pea Police Pll% SPDNSOR'S Update on the Jail Alternative Program as an answer to the City Council's request for a SU\LMARY Work Program. RI VIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 12/4/06 RECOMMENDATIONS: SPONSOR/ADMEN. Recommend implementation of Jail Alternative Program CoMMITii E Information and Discussion COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: BUDGETED IN 2006 Cc mments: VITG. DATE RECORD- O E= COUNCIL ACTION I I 03/12/07 1 Meeting Cancelled 1 1 MTG. DATE ATTACHMENTS 03/12/07 Information Memo dated 3/12/07 Minutes from Finance and Safety Committee of 12/4/06 03/19/07 Sari as above 1 1 i RT O 7..1.--,,,,KT f w ti 7� uk:vvila Municipal Court QP °J 0 s 'er ,n�r, 1 0 y....,/ 1 1 r 9 O i 4—r P' \1 6200 Southcenter Boulevard 2 Tukwila, Washington 98188 -2599 rsos 206- 433 -1840 Fax: 206 433 -7160 E -mail: http /www.tukwa.gov /court ��''s Ili Kimberly A. Walden LaTricia R. Kinlow Presiding Judge Court Administrator To: Tukwila City Council From: Kimberly A. Walden, Presiding Judge Date: March 12, 2007 Subject: Work Crew Alternative Concept Proposal ISSUE: In 2005, Tukwila's City Council raised concern over offenders participating in the County's work -crew program without the City of Tukwila benefiting from their participation.' The Council increased the Court's 2006 budget for the purpose of funding a part -time work crew supervisor. Judge Walden, the Court Administrator and Probation Officer teleconferenced with the City of Olympia Probation Coordinator regarding their work crew program. She discussed work crew situations that raised significant concerns regarding liability. In addition she firmly believed that a part -time work crew officer scenario would be "impossible" as the program would require full -time coverage. BACKGROUND: On March 22, 2006, the Court hosted a joint meeting with the Administrative Services Director and the City Attorney to discuss the Council's request for a City sponsored Work -Crew and share the information we received from Olympia. The consensus of all involved parties is a work -crew program may create considerable liability for the City. Based on these meetings and discussions with other agencies (City of Seattle Municipal Court, Kent, Auburn, Renton Probation, and various criminal justice organizations), we propose the following alternative program. RECOMMENDATION: Jail Alternative Program The court recognizes the need to move from the "business as usual" approach traditionally used in the criminal justice system. With the increased jail expense for housing defendants and with the recent rulings involving DUI offenders and the court's expected role in monitoring the offenders, it is time for the court to rethink the way we do business. Therefore we propose the Jail Alternative Program. The program would address the Council's desire to create a work crew program that directly benefits our community and may significantly reduce jail costs. Proaram's Three Prongs Defendants who are ordered to serve a jail commitment may (if not explicitly prohibited) apply with the Jail Alternative Specialist (J.A.S.) to serve their time through the Jail Alternative Program. Defendants would pay a $25.00 application fee plus $10.00 per day in costs for prongs 1 and 2. 1. Community Work Alternative Local non profit organizations and City Departments can elect to participate Defendants may select organization to perform community work service Volunteer organization will supervise and report service to J.A.S. Jail Credit: 7 Hours 1 Day of Service 1 Day of Service 2 Days Jail Jail Expenditure Savings Current Alternative Expense Income /Savings 2 Days 2 Days Tukwila 7 Savings Savings COMMUNITY Jail in Hours Work Differential Differential WRK. ALT King Jail on Alternative for 2 Days in for 2 Days County Renton Income King County Renton 11 Defendant 383 140 451 428.00 185.00 2. Day Reporting Held Every Friday (except jury week) 8:30 a.m. 4:30 p.m. Released for 1 hour lunch period (12:00 p.m. 1:00 p.m.) Defendants will remain in courtroom (see Day Reporting Information Sheet for details) Jail Credit: 2 days Day Reporting 3 Days Jail Jail Expenditure Savings Current Alternative Expense Income /Savings 3 Days 3 Days Tukwila 2 Days Savings Savings DAY Jail in Jail in r Day Reporting Differential Differential REPORTING King Renton Income for 3 Days for 3 Days County King County Renton 11 Defendant 481 210 45 526.00 255.00 3. Pre -trial Electronic Home Monitoring (EHM) City currently pays $15.00 per day to Renton Police Department to monitor pre- trial Electronic Home Monitoring Court will maintain 3 5 pieces of equipment at a rate of $5.00 per day when in use Optional equipment will be used for monitoring blood alcohol level for D.U.I cases (S.C.R.A.M.) Jail Expenditure Savings Current Alternative Expense Income /Savings Jail 1 Week Savings Savings EHM 1 week Renton Tukwila EHM Differential Differential in Yakima EHM (1 Week) for 1 Week for 1 Week Yakima Renton 11 Defendants! 476.491 130.00:1 35.00 441.491 95.00 In 2006, the City Council increased the Court's budget for funding a part -time work crew program specialist. The Court would use the allocation to fund the part -time Jail Alternative Specialist position. The Position Description Questionnaire has been forwarded to Human Services and is being processed at this time. We thank you for your time and consideration. Please feel free to contact us if we can provide additional information. Tukwila Municipal Court Jail Alternative Specialist Classification Title: Administrative Support Specialist .50 Work Schedule: Monday 8:30 a.m. 5:00 p.m. AM Pretrial Home Monitoring set -up Jail Alternative Appointment Scheduling PM Public Defender Screening Wednesday 10:00 a.m. 2:00 p.m. Paperwork processing Jail Alternative Appointment Scheduling Agency Visits Friday 8:00 a.m. 4:30 p.m. Day Reporting Jail Alternative Appointments Finance Safety Committee December 4, 2006 5:00 p.m. Present: Pam Carter, Chair; Jim Haggerton and Verna Griffin, Council members. Rhonda Berry, City Administrator; Kevin Fuhrer Director of Finance; Mindy Breiner, Court Probation Officer; Diane Jenkins, Administrative Assistant to the City Council; Gail Labanara, Public Works Analyst; and Chuck Parrish, community member. Business Aeenda A. Work Crew alternative concept and proposal Ms. Breiner related that in 2005, the city council raised concern with offenders participating in the County's work crew program without the City benefiting from participation. In the 2005 budget, .5 FTE was allocated for a work crew supervisor. Judge Walden spoke with multiple agencies and cities discussing the ork crew program. Significant concerns regarding liability to the city were raised along with the expenses to provide necessary equipment such as `gloves, rain gear, water, tools, and other supplies. Also a .5 FTE position is not sufficient to provide adequate supervision. She further pointed out that there is a high failure rate of offenders completing their assignments. For example, in the City of Tacoma, 80% of the people assigned for work crew failed to appear and of those who appeared, only 50% returned after lunch. A jail alternative program has been developed. This alternative program will help to reduce jail costs for the city. It will also provide education to offenders and offer community service to agencies and city departments. Ms. Breiner related that this would be a voluntary program. Offenders would pay a $25 application fee and $10 daily fee. These costs may be waived if an offender is indigent. Based on the application, an offender could participate in a community work alternative (7 hours of community work 1 day service 2 days of jail time); participate in day reporting (on Fridays only when court is closed) wherein offenders would serve their time in the courtroom and educational videos would be shown on a variety of topics such as consumer awareness, drug and alcohol (2 days of day reporting 3 days of jail time); or participate in pre -trial electronic home monitoring. She reviewed the cost savings to the city. Ms. Breiner related that there is far less liability with this type of program and everyone who meets the criteria would be eligible to participate. She noted that if offenders do not complete their commitment, the entire jail time would be served. The goal is to implement this program by the end of January. Mr. Haggerton expressed concern with having to hire additional staff to staff this program. Ms. Breiner noted that there would be limits on the number of people participating in the program. Ms. Carter assumed that standards would be set. Ms. Breiner replied that there would be no electronic devices, no sleeping, no offensive reading material, etc. The goal would be to provide information which would focus on the crimes committed by a group of people. Ms. Carter asked about the next steps. Ms. Berry stated that the council authorized a work crew and what is proposed is different but accomplishes the objectives identified. This information will be shared with the full council in January. This position is in the proposed budget. Ms. Breiner indicated that steps are in place to begin the hiring process. Information Only. B. Year End Budget Documents 1) Ordinance amending the 2006 budget Mr. Fuhrer highlighted amendments to the 2006 budget. He noted that the budget is monitored mid -year to assess actual expenditures. He reviewed the proposed amendments which have been discussed throughout the year. In the General Fund, under revenues, budget adjustments were proposed for Sound Transit Mitigation, Natural Gas Use Tax, and Building Permits. Under expenditures, adjustments were proposed to cover finance claims and judgments, special legal matters, and the aerial purchase (equipment/supplies) through Sound Transit Mitigation. Under Fire Equipment Cumulative Reserve 107, under revenues and expenditures, adjustments were made due to Sound Transit Mitigation. The ordinance will be presented for adoption at the December 11 special council meeting. Unanimous approval to forward to 12/11 Special Meeting for adoption. COUNCIL AGENDA SYNOPSIS 18. tiS Initials ITEM NO. E t,��{ C+) s Meeting Date f Prepared by .1 Mayor's review 1 until review Q ill% I --I e 4 I l t 03/12/07 I CKN`^r1 'MOB 1 03/19/07 1 cx .AA 1 41) C 7908 C b ITEM INFORMATION CAS NUMBER: 07-033 I ORIGINAL AGENDA DATE: MARCH 12, 2007 AGENDA ITEM TITLE I -405 Widening Project Cooperative Agreement CA 1'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date-057 lbMtg Date 03/19/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&7R Police PTY SPONSOR'S This Cooperative Agreement with WSDOT will establish the "communication ground rules" SUMMARY for both Tukwila and WSDOT to follow during the design and construction of the I -405 Widening Project. The State Attorney General and our City Attorney have both reviewed and approved the agreement. A presentation by WSDOT will be forthcoming once the Design -Build team has been selected, which should be this spring. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 02/26/07 RECOMMENDATIONS: SPONSOR /ADMAN. Authorize Mayor to sign Cooperative Agreement with WSDOT. COMMr IrE Majority approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 03/12/07 1 jv[PPi-i canc7P11P 03/19/07 1 MTG. DATE ATTACHMENTS 03/12/07 Information Memo dated February 22, 2007 (revised after TC meeting) Cooperative Agreement with Exhibit A (minor formatting reduced Agreement to 8 pages) Transportation Committee Meeting Minutes from February 26, 2007 03/19/07 same as above INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: February 22, 2007 Q Subject: I -405, I -5 to SR 169 Widenine Project Cooperative Agreement ISSUE Cooperative Agreement between Tukwila and WSDOT for the I -405 Widening Project Design Build process. BACKGROUND On March, 25, 2004, the City and WSDOT entered into a Memorandum of Understanding that described how the two agencies would cooperate during design and construction of the I -405 Widening Project. In that MOU, it was acknowledged that future, more detailed agreements would be necessary throughout the length of this complex project. The original MOU intended to establish the "ground rules" for both Tukwila and WSDOT to follow. ANALYSIS The I -405 Widening Project is about to enter into it's next phase, moving from the very preliminary design and into the design -build portion. The I- 405Widening Project is using the design -build model, in which WSDOT executes a single contract with a design -build contractor for design and construction services to provide a finish product. In this model, WSDOT defines the basic objectives for the project and develops outcome -based requirements to ensure the project is designed and constructed in accordance defined design and regulatory criteria. The Contractor is then tasked with completing the project in accordance with the outcome -based requirements; however, specific details of design and construction are up to the Contractor to complete. The Request for Qualifications of Design -Build teams was published on November 8, 2006. WSDOT anticipates that they will have selected the Design -Build team this coming spring and the work will begin on July 1, 2007. Actual work on I -405 is anticipated to begin in early -mid 2008. The attached draft Cooperative Agreement was originally presented to the Transportation Committee in November 2006. It formalizes the decisions that WSDOT has made on the preliminary design, which has included public comment and close coordination with Tukwila staff and elected and appointed officials. The Cooperative Agreement further outlines how communication will be done throughout the remaining Design -Build process. Comments were made by the Committee in November and have been incorporated. Additionally, the City Attorney's office has reviewed and commented on the agreement and those edits have been made. WSDOT Headquarters as well as the Attorney General's office have also reviewed the agreement. RECOMMENDATION Authorize Mayor to sign Cooperative Agreement between Tukwila and WSDOT for the I -405 Widening Project Design -Build process. i:\ pubworks\cyndy\i -405\information memo i-405 cooperative agreement 2- 20- 07.doc 1 GCA -5099 2 3 Washington State Department of Transportation 4 and the City of Tukwila 5 6 COOPERATIVE AGREEMENT 7 For DESIGN and CONSTRUCTION of the 8 I- 405/1 -5 TO SR 169 STAGE 1- WIDENING PROJECT 9 10 11 This Cooperative Agreement for Design and Construction of the I- 405/I -5 to SR 169 12 Stage 1 Widening Project, hereinafter referred to as the "AGREEMENT," is made and entered 13 into by the CITY OF TUKWILA, a municipal corporation, hereinafter referred to as the "CITY," 14 and the STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION, hereinafter 15 referred to as the "STATE," collectively referred to as the "PARTIES" and individually referred 16 to as "PARTY." 17 18 WHEREAS, the STATE, in the interest of providing congestion relief in the I -405 19 Corridor, proposes improvements along I -405 within the CITY in a project known as the "I- 20 405/I -5 to SR 169 Stage 1 Widening Project," hereinafter referred to as the "PROJECT and 21 22 WHEREAS, the proposed PROJECT will require the STATE to perform certain work on 23 the CITY's facilities; and 24 25 WHEREAS, the STATE, having secured funding for the PROJECT, is willing to 26 undertake the construction of said PROJECT; and 27 28 29 WHEREAS, the STATE will construct the PROJECT using the design -build method of 30 project delivery; and 31 32 WHEREAS, the design -build method of project delivery is flexible and allows for the 33 development and finalization of the design after the contract is awarded, unlike the typical 34 design- bid -build method of project delivery; and 35 36 WHEREAS, the PARTIES understand that the PROJECT design will be further 37 developed and finalized after the contract is awarded; and 38 39 WHEREAS, the PARTIES executed a Memorandum of Understanding on March 25, 40 2004, that describes the PARTIES' cooperation during design and construction of the PROJECT; 41 and 42 43 WHEREAS, the PARTIES desire to formally define communication channels and roles 44 that are included in said Memorandum of Understanding; and 45 GCA 5099 1 of 8 46 WHEREAS, the PARTIES desire this AGREEMENT to define the roles and 47 responsibilities of the PARTWS related to design and construction of the PROJECT; and 48 49 WHEREAS, the PARTIES recognize that future supplements or amendments to this 50 AGREEMENT, or other new agreements, may be necessary to record final design decisions and 51 define cost estimates related to the design and construction of the PROJECT; 52 53 NOW, THEREFORE, by virtue of Revised Code of Washington (RCW) 47.28.140 and in 54 consideration of the terms, conditions, covenants, and performances contained herein, or 55 attached and incorporated and made a part hereof, it is mutually agreed as follows: 56 57 1.0 GENERAL 58 59 1.1 The STATE will construct improvements along the I -405 Corridor, the general limits of 60 which are described in Exhibit A, attached hereto and by this reference made part of this 61 AGREEMENT. 62 63 1.2 The CITY and its Tukwila Advisory Committee (TAC), consisting of the Senior 64 Transportation Engineer and the Acting City Engineer and the STATE I -405 Project 65 Director and his direct reports, have had ongoing communication and negotiations that 66 have resulted in many design decisions for elements within the PROJECT, which are 67 incorporated into this AGREEMENT, its supplements, or amendments, or will be 68 incorporated into contract, and other related agreements for this design -build PROJECT. 69 70 2.0 ROLES 71 72 2.1 The PARTIES acknowledge that the STATE will enter into future contractual 73 agreement(s) with a design builder, hereinafter referred to as the "DESIGN- BUILDER," 74 for design and construction of the PROJECT. Therefore, the CITY agrees to direct all 75 communication related to specific aspects of the PROJECT through the appropriate 76 STATE representatives, as follows: 77 78 a. Construction: I -405 Project Engineer 79 b. Design During Construction: I -405 Project Engineer 80 c. Traffic Control: I -405 Project Engineer 81 d. Public Information: I -405 Project Engineer 82 e. All Other Inquiries: I -405 Project Manager 83 84 2.2 The PARTIES recognize the importance of timeliness in reviews, avoidance of delays, 85 and minimizing costs for the PROJECT, and the mutual benefit provided in shortening 86 plan and proposal review times. To that end, the PARTIES commit to reviewing and 87 returning submittals within ten (10) business days. 88 89 2.3 The PARTIES agree to bear the entire cost of their employees who are necessary to fulfill 90 their roles and responsibilities as identified in this AGREEMENT. 91 GCA 5099 2 of 8 92 2.4 The CITY agrees to have their TAC assist in expediting CITY review and approval of all 93 design -build submittals that are required to be made to the CITY, such as, but not limited 94 to, detour and traffic control plans, noise variance requests, and right -of -way use permits. 95 The STATE, working with its DESIGN- BUILDER, shall make all submittals directly to 96 the CITY for review. 97 98 2.5 The STATE agrees to make presentations to the CITY when requested to do so by the 99 CITY. In addition, the STATE agrees to provide PROJECT updates to CITY staff on a 100 monthly basis. These updates will include PROJECT milestones and will be in a format 101 suitable for posting on the CITY website or for inclusion in the CITY newsletter. 102 103 3.0 DESIGN 104 105 3.1 All plans for the PROJECT will follow the I -405 Plan Preparation Manual using STATE 106 design standards within limited access areas and CITY design standards for CITY streets 107 outside of limited access areas. 108 109 3.2 The PARTIES have agreed to the aesthetic elements identified and described in the 110 Context Sensitive Solutions (CSS) Guidelines, hereinafter referred to as the "CSS 111 GUIDELINES," and agree that, for the PROJECT, the aesthetic treatments of Master 112 Plan compatible elements viewed from I -405 and incorporated into the PROJECT will 113 conform to the CSS GUIDELINES. The PARTIES understand that the engineering 114 details of aesthetic elements identified in the CSS GUIDELINES are undergoing final 115 review and that this review will not change the concepts developed during the CSS 116 process. 117 118 3.3 If the STATE's DESIGN- BUILDER proposes a design change to an element within the 119 CITY's corporate limits, the STATE agrees to present the change to the CITY for review. 120 121 3.4 If the CITY proposes a change to a design element within the CITY's corporate limits, 122 the CITY shall request a meeting through the appropriate STATE representative with the 123 STATE's DESIGN BUILDER. The STATE agrees to meet in a cooperative spirit to 124 review and discuss the proposed change. If the STATE determines the proposed change 125 to be feasible and appropriate, the PARTIES shall negotiate the responsibilities for 126 payment of costs associated with the requested change based on the benefits of the 127 proposed change to each PARTY as well as the PARTIES respective legal obligations. If 128 the PARTIES can mutually agree on payment responsibilities, the STATE will 129 implement the change. If the PARTIES cannot mutually agree on payment 130 responsibilities, the PARTIES will work collaboratively toward resolution at the lowest 131 organizational level using the dispute resolution guidelines outlined in Section 7.0. The 132 consideration of potential schedule delays, which may result in additional cost, will be of 133 paramount importance to both PARTIES, with reducing cost as the primary goal and 134 acknowledged mutual benefit. 135 136 3.5 The STATE will provide the CITY with design development level plans for review. The 137 CITY will review the plans for conformance with the appropriate STATE and applicable GCA 5099 3 of 8 138 CITY regulations. The CITY agrees to complete the review within ten (10) business 139 days from receipt of the plans. 140 141 4.0 UTILITIES 142 143 4.1 All utility work necessary for the PROJECT will be in accordance with the terms of the 144 applicable utility permit or utility franchise. 145 146 4.2 Any protection or relocation of utilities required by the construction of the PROJECT and 147 responsibility for the associated costs will be covered under a separate agreement. 148 149 5.0 TRAFFIC CONTROL AND DETOUR PLAN APPROVAL PROCESS, 150 151 5.1 The STATE, working with its DESIGN BUILDER, shall submit proposed road closures, 152 detours, and traffic control plans involving CITY streets to the TAC for approval. The 153 CITY shall review each submittal and return it to the STATE within ten (10) business 154 days after receipt of plans, indicating either "approved," "approved with comments," or 155 "not approved, contractor to revise and resubmit." 156 157 5.2 The STATE will not permit its DESIGN BUILDER to close any part of any local road 158 from the third Thursday in November to the following second day in January. The 159 STATE shall notify the TAC and CITY emergency services on the 9 -1 -1 line 48 hours 160 prior to any I -405 lane closures. 161 162 6.0 PERMITS 163 164 6.1 The STATE, and/or its DESIGN BUILDER, shall apply for and obtain all necessary 165 permits or variances for work within the corporate limits of the CITY and regulated by 166 the CITY, including, but not limited to, the following: 167 168 a. Exceptions to the hours for development activity (per Tukwila Municipal Code). 169 b. Noise variance approvals (per Tukwila Municipal Code). 170 c. Right -of -way use permit, which includes all utility and road construction work 171 within the CITY's right -of -way. This includes, but is not limited to, review of 172 haul routes, proposed road closures, and design and construction of sewers, 173 utilities, road grades, sidewalks, curbs, driveway curb cuts, pavement sections, 174 etc. 175 176 7.0 DISPUTES 177 178 7.1 In the event that a dispute arises under this AGREEMENT, the PARTIES shall work 179 collaboratively toward resolution using the following guidelines at the lowest 180 organizational level. 181 182 7.1.1 Informal Resolution. The TAC, under direction from the CITY, and the STATE's I- 183 405 Project Engineer shall jointly cooperate to informally resolve any disputes as GCA 5099 4 of 8 184 quickly and efficiently as possible. If dispute resolution is not successful at this level, 185 the CITY's Public Works Director and the STATE's I -405 Project Manager shall 186 jointly cooperate to informally resolve any dispute. 187 188 7.1.2 Written Notice. If unresolved, the CITY's Public Works Director and the STATE' s 189 I -405 Project Director shall notify each other in writing of any dispute needing 190 resolution. They shall meet together with appropriate staff from the CITY and 191 STATE within three (3) business days of receiving the written notice in order to 192 resolve the dispute to the satisfaction of both PARTIES. Each PARTY agrees to 193 compromise to the fullest extent possible in resolving the dispute in order to avoid 194 delays and minimize PROJECT costs. 195 196 7.1.3 Dispute Resolution Panel. If still unresolved, the CITY's Public Works Director and 197 the STATE's I -405 Project Director shall each appoint a member to a dispute 198 resolution panel, hereinafter referred to as the "PANEL." These two members shall 199 select a third member not affiliated with either PARTY. The decision made by the 200 three member PANEL shall be final and binding on the PARTIES to this 201 AGREEMENT. 202 203 204 7.1.4 Compensation for the PANEL members and the expenses of operation of the PANEL 205 shall be shared by the CITY and the STATE in accordance with the following: 206 207 a. The STATE and the CITY shall each pay the costs for its appointed member 208 of the PANEL. 209 b. The STATE and the CITY shall each pay fifty (50) percent of the costs for the 210 third member of the PANEL. 211 c. The STATE will provide administrative services, such as conference facilities 212 and secretarial services to the PANEL, and the STATE will bear the costs for 213 this service. 214 215 8.0 INDEMNIFICATION AND BOLD HARMLESS 216 217 8.1 Each PARTY shall protect, defend, indemnify, and save harmless the other PARTY, its 218 officers, officials, employees, and agents, while acting within the scope of their 219 employment as such, from any and all costs, claims, judgments, and/or awards of 220 damages (both to persons and/or property), arising out of, or in any way resulting from, 221 each PARTY's own acts or omissions. No PARTY will be required to indemnify, 222 defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, 223 or damages (both to persons and/or property) is caused by the sole negligence of the other 224 PARTY, its officers, officials, employees, and agents, while acting within the scope of 225 their employment as such. Where such claims, suits, or actions result from the 226 concurrent negligence of the PARTIES, the indemnity provided herein shall be valid and 227 enforceable only to the extent of a PARTY's own negligence. 228 GCA 5099 5 of 8 229 8.2 The STATE and the CITY agree that their obligations under this Section extend to any 230 claim, demand, and/or cause of action brought by, or on behalf of, any of its employees 231 or agents. For this purpose, the PARTIES, by mutual negotiation, hereby waive, with 232 respect to the other PARTY only, any immunity that would otherwise be available 233 against such claims under the Industrial Insurance provisions of Title 51 RCW. 234 235 8.3 In the event either PARTY incurs any judgment, award, and/or cost arising herefrom, 236 including attorneys' fees, to enforce the provisions of this Section, all such fees, 237 expenses, and costs shall be recoverable from the other PARTY. 238 239 8.4 This indemnification and waiver shall survive the termination of this AGREEMENT. 240 241 9.0 AMENDMENT 242 243 9.1 Either PARTY may request modifications in these provisions. Such modifications, 244 which shall be mutually agreed upon, shall be incorporated as written amendments to this 245 AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be 246 valid unless made in writing and signed by authorized representatives of the PARTIES 247 hereto. 248 249 10.0 ALL WRITINGS CONTAINED HEREIN 250 251 10.1 This AGREEMENT contains all the terms and conditions agreed upon by the PARTIES 252 to this AGREEMENT. No other understanding, oral or otherwise, regarding the subject 253 matter of this AGREEMENT shall be deemed to exist or to bind any of the PARTIES 254 hereto. 255 256 11.0 GOVERNANCE 257 258 11.1 This AGREEMENT is entered into pursuant to, and under the authority granted by, the 259 laws of the State of Washington and applicable federal laws. The provisions of this 260 AGREEMENT shall be construed to conform to those laws. 261 262 12.0 EFFECTIVENESS AND DURATION 263 264 12.1 This AGREEMENT is effective upon execution by both PARTIES and shall remain in 265 effect through the PROJECT construction contract. 266 267 13.0 SEVERABILITY 268 269 13.1 If any provision of this AGREEMENT, or any provision of any document incorporated 270 by reference, shall be held invalid, such invalidity shall not affect the other provisions of 271 this AGREEMENT that can be given effect without the invalid provision, if such 272 remainder conforms to the requirements of applicable law and the fundamental purpose 273 of this AGREEMENT, and to this end the provisions of this AGREEMENT are declared 274 to be severable. GCA 5099 6 of 8 275 276 14.0 TERMINATION 277 278 14.1 This AGREEMENT may be terminated by the STATE upon sixty (60) calendar days' 279 written notice. 280 281 15.0 VENUE 282 283 15.1 In the event that either PARTY deems it necessary to institute legal action or proceedings 284 to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree 285 that any such action or proceeding shall be brought in a court of competent jurisdiction 286 situated in Thurston County, Washington, and only upon exhaustion of the dispute 287 resolution process outlined in Section 7.0 of this AGREEMENT. 288 289 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of the 290 latest date written below: 291 292 CITY OF TUKWILA STATE OF WASHINGTON 293 DEPARTMENT OF TRANSPORTATION 294 295 296 By By 297 Steven Mullet Kim Henry 298 City Mayor STATE, Project Director 299 I -405 Congestion Relief and 300 Bus Rapid Transit Project 301 302 303 Date Date 304 305 306 APPROVED AS TO FORM: APPROVED AS TO FORM: 308 a1et ku A.( Kerslake_ (-74 309 By (print) By (print) 310 312 313 M Signature 314 City Attorney Assistant Attorney General 315 Office of the Attorney General 316 2 317 j- 5 /c 0 318 Date Date GCA 5099 7 of 8 319 EXHIBIT A 320 GENERAL PROJECT DESCRIPITON 321 322 General elements of the PROJECT in Tukwila include the following. 323 o Add one general purpose lane northbound and southbound on I -405 from the I -5 324 Interchange to the eastern CITY limits. 325 o Add approximately one foot of width to each side of the I -405 Bridge over the 326 BNSF Railway and Union Pacific railroads. 327 o The widening described above is anticipated to widen the existing 1 -405 roadway 328 without rebuilding the 61 Avenue Bridge, the 66 Avenue Bridge, any of the 329 bridges over the Green River or the I -405 Bridge over SR 181. It is anticipated 330 that non standard lane and shoulder widths will be incorporated on I -405 through 331 Tukwila. 332 o Rebuild the on -ramp between Tukwila Parkway and northbound I -405. 333 o Construct a drainage pond within the I- 405/1 -5 Interchange. 334 335 For informational purposes, the other elements of the PROJECT in Renton include the 336 following: 337 o Add one general purpose lane northbound and southbound on I -405 from the 338 eastern Tukwila city limits to SR 167. 339 o Add one general purpose lane northbound and southbound on 1 -405 from SR 167 340 to SR 169. 341 o Extend the southbound auxiliary lane on SR 167 from I -405 to the SW 41 Street 342 exit and extend the southbound SR 167 High Occupancy Vehicle lane north to I- 343 405. 344 o Minor widening of the 1 -405 Bridge over Talbot Road. 345 o Reconstruct the existing Benson Road Bridge. 346 o The widening described above is anticipated to widen the existing 1 -405 roadway 347 without rebuilding the Lind Avenue Bridge, the 1 -405 Bridge over SR 167, the 348 Cedar and Renton Avenue bridges, or the bridge over the Cedar River. It is 349 anticipated that non standard lane and shoulder widths will be used on I -405 350 through Renton. GCA 5099 8 of 8 Transportation Committee February 26, 2007 5:00 p.m. Present: Pam Carter, Chair; Joe Duffle, Council members. Jim Morrow, Frank Iriarte, Pat Brodin; Bob Giberson, Gail Labanara, Cyndy Knighton; and Chuck Parrish Business Agenda A.Tukwila Int'l Blvd Phases II III Proiect Scone and Bidding. Alternatives Jim reviewed the cost saving measures that included eliminating the conversion of overhead utilities, different retaining walls and eliminating some improvements in WSDOT's limited access area. Despite a four -month effort, no additional funding is available. We will be including an additive alternate to the bid package that will request a bid on a portion of the overhead power lines from just south of Homeland Security to north of Intergate West (this section of undergrounding has a cost estimate of $1.7 million). Joe commented that he would like to see the project with undergrounding if the budget allows. Jim is in contact with SCL regarding the undergrounding. If SCL does not underground now, any future work by SCL would have to be underground and SCL would have to pay 100 Pam Carter was in contact with Sabey Corp and was told that there was a possibility of funding. Pam also requested the SCL timeline for the TIB Phase I undergrounding with all of the delays. The current estimate for this project is to go out for bids in April with a bid opening in May and a Notice to Proceed in Sept. (if there are no other delays). Pam Carter will report this item at tonight's COW meeting and ask if Council would like to review the information presented to this committee. Majority approval, seek guidance at tonight's COW. B.I -405 Widening. Proiect Cyndy Knighton stated that this issue is a review of the MOU that was presented to the Committee in k 4 November 2006. The delay has been due to WSDOT. The MOU mainly covers communication guidelines for the design -build project. Pam asked for some additional definition of "design- build" that will be included in the revised information memo. The State Attorney General and our City Attorney have both reviewed and approved the cooperative agreement. WSDOT hopes to have completed the selection of the Design -Build team this month. Consensus by the committee thought it would be better for WSDOT to give a presentation to full Council once the team has been selected. Majority approval; forward to March 12 COW. C. Sound Transit 2 RTID Pam Carter requested that the proposed ballot measures be presented. Jim reviewed the highlights of both packages and that voters must approve both packages or neither one passes. Jim stressed that the increase on MVET is $80 per year for each $10,000 of vehicle value. If a household owns two vehicles each worth $20,000, the MVET cost will be $320, plus the sales tax increase of $125 for Sound Transit 2 and the $25 sales tax for RTID for a grand total of $470 for a typical household. These additional taxes would continue for 20 -30 years. Pam explained that the RTID is a local tax that would cover state roads but would not financially impact Eastern Washington. However, some cities in this area are not endorsing the initiatives, as they are not directly receiving any improvements. The RTID package does not include the Alaskan Way Viaduct. The Sound Transit 2 package does include the Longacres Station. The City of Tukwila did agree to support additional funding for the Southpark Bridge when it was transferred and the bridge replacement is included in the RTID package. Pam Carter informed the Committee that there would be a RTID Open House on March 20 at Highline Community College. Joe asked if Sound Transit is going to the airport in this phase and Jim responded that ST does have the funds and should be at the airport by 2010. There was a discussion on all of the agencies that currently oversee transportation issues in the State and how there is legislature to change the process. Information Only. Other Jim reported on active projects along with the levee certification and the NPDES permit. Adjournment: 6:05 p.m. Committee Chair Approval Minutes by GL, Reviewed by JM, BG COUNCIL AGENDA SYNOPSIS s sti Initials ITEM No. I X14' a 9 MI'I,;r,,; Date 1 Prepay. by I Mayor's muew 1 Carrxil reziew o' 03/12/07 BW 61 I .,v A C'C 03/19/07 BW 1 �,i(/-.Y. 1 ITEM INFORMATION CAS NUMBER 07-034 ORIGINAL AGENDA DATE: 3/12/07 I AGENDA ITEM TITLE Resolution supporting employee Wellness Program CATEGORY Discussion Motion Resdution Ordinance Bid Award PublicHH,,,u Other Mtg Date 37‘ 7- MtgDate MtgDate3 /19/07 MtgDate MtgDate MtgDate MtgDate (SPONSOR Council Major AdmSus DCD Finance Fire Legal P& R Police PW SPONSOR'S A resolution or ordinance that states the public purpose of the wellness program has SUMMARY become a stricter requirement for application for the AWC WellCity Award. A resolution of support of the Wellness Program adopted by City Council will fulfill this requirement. REVIEWED BY COW Mtg. CA&P Conte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm DATE: 3/5/07 RE COMMENDATIONS: SPONSOR/ADMEN. Approve resolution COMIrIIH"IEE Unanimous approval. Forward to March 12 Committee of the Whole. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION I 3/12/07 Meetna Cancelled I I I 1 MTG. DATE ATTACHMENTS 3/12/07 Informational memo dated 2/26/07 Tukwila Wellness Committee Program Guidelines I :Resohation in Final I Finance Safety Committee Minutes dated 3/5/07 I 3/19/07 Same as above MEMORANDUM TO: Finance Safety Committee FROM: Bev Willison (T.H.E.) Tukwila's Healthy Employee Program SUBJECT: Council Resolution for Support of Wellness Program DATE: February 26, 2007 In the process of completing our fourth WellCity Award application for AWC this January, we became aware of a new requirement in the application: A resolution showing City Council support for a City's wellness program. While we have obtained Council approval for the separate 502 Insurance budget fund that includes wellness programming (Ordinance 1681, dated 12/13/93), as well as developed program guidelines (see attached), there has been no official resolution from City Council showing support for the wellness program which has been in existence since 1994. We ask that you move this resolution forward in the normal course to the next C.O.W. meeting and to Regular meeting for adoption. We must submit a copy to AWC no later than April 1st in order to qualify for the award based on our 2006 wellness programming and activities. Stephanie Brown and I would also like to make a special presentation to the City Council later this spring for the purpose of sharing some of the highlights of our wellness program, as well as answering any questions you may have at that time. Tukwila Wellness Program Committee Guidelines PROGRAM NAME The name of the Wellness Program shall be T.H.E. (Tukwila Healthy Employee) program. MISSION STATEMENT To support participants by promoting health and wellness through information, services and programs. PURPOSE OF THE PROGRAM The purpose of T.H.E. program shall be to assist participants in achieving physical and emotional well being by encouraging healthy lifestyles. COMMITTEE GOALS AND OBJECTIVES To provide information and activity choices that encourage behavior changes and healthier lifestyles. To represent the interests, needs and opinions of the participants. To aid in program promotion and the maintenance of interest and participation in health /fitness activities. To work closely with the City and management to establish a strong, visible, supportive environment for healthy lifestyle choices. To review, evaluate, recommend and monitor T.H.E. program. PROGRAM GOALS AND OBJECTIVES To increase participants awareness of healthy lifestyles by helping them to acquire the knowledge, skills, and motivation to achieve and maintain healthy lifestyles. To provide a diverse program within approved budgetary guidelines. Wellness Committee Guidelines Page 2 VOLUNTARY MEMBERSHIP Members of T.H.E. program shall consist of eight department members and shall be appointed on a voluntary basis. Participation will require employees to make a commitment of time, which will be provided during working hours. The member shall include one representative from the following departments: City Hall DCD Public Works Administration /Engineering Public Works Shops (Minkler /Interurban) Parks /Golf Recreation Fire Police Each representative shall commit to a two -year term, beginning February 1, and ending December 31. Participation shall be contingent upon approval of the employee's department head or immediate supervisor. All voluntary acceptances to the committee will be made in writing to the volunteer and their department head and /or immediate supervisor. If membership is not approved, the reason(s) for disapproval shall be provided in writing, to the member and the Wellness Program Coordinator. The Wellness Program Coordinators' role is as follows: Conducts the monthly meetings of the committee. Develops and adheres to the annual committee budget. Assists the committee members in promoting and implementing programs and services. Ai-ranges meeting dates. Prepares meeting agendas. Prepares committee assignments and seeks committee volunteers to fill the assignments based on areas of interest Reviews all agreements, contracts, etc for approval by the Administrative Services Director. Assists with hiring vendors, and facilitators of wellness sponsored events and activities. MEETINGS Regular meetings of the committee shall be held monthly as scheduled by the program coordinator, and shall not exceed one hour, unless advance notice has been provided. Sub committees, to include committee members and volunteers may be appointed by the program coordinator and will meet on an as needed basis to plan special wellness events and programs. Wellness Program Committee Guidelines Page 3 A commitment to the committee and attendance at the meetings is critical to the success of the T.H.E. Program. Any planned absences should be reported to the wellness program coordinator prior to the meeting date. COMMITTEE MEMBER TRAINING /ORIENTATION It is important to the success of the program that new committee members receive an orientation, to introduce concepts of employee wellness promotion, the mission of the committee and the goals of the program. Attendance at wellness training, and conferences will be limited to two committee members per event, and is offered on a first come first serve basis. APPROVAL AND ADVISORY BODY The Administrative Services Director, and City Administration acts as the approval body and advisory body to the committee, it shall: Grant approval both financially and administratively on recommended wellness programs. Provide T.H.E. program insight on management's perspective on programs. Determine participation perimeters for employees. Approved this. 6 dyy of 6' I} y v i 2002; by A Viki Jessop, Admative Serilices Director )g Gt erg �4— .v +"yt 11 1908 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING THEIR SUPPORT OF THE EMPLOYEE WELLNESS PROGRAM, "T.H.E. TUKWILA HEALTHY EMPLOYEE) PROGRAM." WHEREAS, in 1994, the City of Tukwila initiated "T.H.E. (Tukwila Healthy Employee) Program," a wellness program that benefits its participants by promoting health and wellness through information, services and programs; and WHEREAS, this program increases participants' awareness of their health options by helping them to acquire the knowledge, skills and motivation to achieve and maintain healthy lifestyles; and WHEREAS, the benefits of employee wellness programs typically include reduced absenteeism, increased job satisfaction, reduced stress levels, improved employee morale, and more prudent use of healthcare systems; and WHEREAS, the improved fitness and good health of the City's employees is a benefit to our citizens through more productive employees, and as a prudent strategy to control healthcare expenditures; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council hereby expresses their continued support of the City's wellness program, "T.H.E. (Tukwila Healthy Employee) Program," and provides that the program be sustained indefinitely, unless cancelled by action of the City Council. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2007. ATTEST/ AUTHENTICATED: Verna Griffin, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: C:\Documents and Settings \All Users\Desktop\Kelly\MSDATA \Resolutions \Wellness.doc BW:ksn 3/14i2007 Page 1 of 1 Finance Safety Committee March 5, 2007 5:00 p.m. Present: Jim Haggerton, Chair; Joan Hernandez and Dennis Robertson, Councilmembers. Rhonda Berry, City Administrator; Bev Willison, Administrative Secretary. Business Agenda A. Resolution supporting employee Wellness Program Ms. Willison briefly explained the need for the council resolution of support. Although the requirements on the AWC WellCity award application have not changed significantly, AWC has been advised by their auditor that the Wellness Committee guidelines submitted in prior years are no longer sufficient to meet the specific requirement of the City having adopted a resolution or ordinance that states the public purpose of the wellness program. It is for this reason that a resolution showing council support of wellness has been drafted. Ms. Willison explained that many other cities are facing the same issue this year in their application process. Discussion followed highlighting some of the 2006 wellness activities and goals. Ms. Willison indicated that she and Stephanie Brown would be providing a special presentation to the Council later this spring, including a slide show and explanation of program activities. Councilmember Robertson stated he would be proud to give support to this program. Unanimous approval. Forward to March 12 Committee of the Whole. Miscellaneous A. Emergency preparedness of fire stations Councilmember Robertson requested a discussion of Tukwila fire station emergency preparedness be placed on the agenda for the next Finance Safety meeting, inviting Public Works Director Jim Morrow, Fire Chief Nick Olivas, and Finance Director Kevin Fuhrer to attend. Mr. Morrow has predicted a cost of up to $2 million for needed supplies and wiring to bring our four stations up to the required emergency preparedness standards. Councilmember Robertson stated he would like to move ahead this year, rather than delay until 2008, even if this required a staggered phase -in of the stations. Ms. Berry indicated monies could possibly be found in 303 Facilities or identified elsewhere. Councilmember Robertson recommended using this year's money this year. Unanimous approval to add to March 19 Finance Safety agenda. B. Monthly /annual financial reports Councilmember Hernandez requested a more complete explanation of the monthly /annual financial reports. It was agreed a discussion/explanation from Finance Director Kevin Fuhrer would be helpful. Ms. Berry inquired if the entire Council would benefit from these discussions, instead of limiting them to the Finance Safety Committee. Councilmember Robertson acknowledged the explanation of the annual reports should take place at the Committee of the Whole meetings. Chairperson Haggerton asked that Mr. Fuhrer provide a report to Finance Safety at the next meeting, and a decision would be made following as to whether or not this information would be more beneficial presented to all councilmembers. Unanimous approval to add to March 19 Finance Safety agenda. C. Outstanding resolutions Chairperson Haggerton asked if there were other issues in the City requiring resolutions that Council was not aware of, similar to the resolution supporting wellness. Ms. Berry indicated an audit might be able to identify other issues, but there was no good way to do a search absent an audit. Information only. Adjournment: 6:10 p.m. Committee Chair Approval Minutes by BW. Reviewed by RB. J,�.p11LA, k COUNCIL AGENDA SYNOPSIS rr s y I ITEM No. Initials 5 v l/ j Meeting Date 1 'rp�iared by Mayor's review 1 ,Evm cil review 1 <I -0 t 0 03/19/07 j V• 1908 I ITEM INFORMATION CAS NUMBER: 07-035 I ORIGINAL AGENDA DATE: 03 /19/07 AGENDA ITEM T1ILE ELECTRICAL CODE CATEGORY Discussion Q otio Resolution Ordinance Bid Award Public Hearing Other Co n .ract M t g D a t e 3 1 9 0 7 M t g D a t e 3/19/0 h l t g D a t e t l I t g Dat /1 0 7 Altg Date llltg Date llltg Date 1 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&7R Police PWl SPONSOR'S Adopt 2005 National Electrical Code and fee schedule; and approve interlocal agreement SUMMARY with the City of SeaTac related to plan review and inspection services. REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 02/27/2007 RECOMMENDATIONS: SPONSOR /ADMLN. Adopt electrical code and approve interlocal agreement COtiwffr1LE Adopt electrical code and approve interlocal agreement. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $50,000. $50,000. $0 Fund Source: 2007 BUDGET Comments: MTG. DATE I RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS I 03/19/07 INFORMATION MEMO ORDINANCE showing CHANGES and Ordinance in FINAL fora APPENDIX "A" ELECTRICAL FEE SCHEDULE ELECTRICAL FEE COMPARISON INTERLOCAL AGREEMENT C.A.P. MINUTES OF 02/27/07 VI £4 I I 01 "AK.- 1 City of Tukwila Steven M. Mullet, Mayor Q 11/ 1y� v A••,•• Department of Community Development Steve Lancaster, Director 1909 INFORMATION MEMO To: Committee of the ole. From: Steve Lancaster t C.C: Bob Benedicto Date: March 19, 2007 Subject: Adoption of the 2005 National Electrical Code. ISSUE An amendment to Title 16 of the Tukwila Municipal Code to transfer responsibility for enforcement of the State Electrical Code (2005 N.E.C., NFPA 70) to the Department of Community Development Building Division. BACKGROUND The installation of wires and equipment that convey electric current and the installations of equipment to be operated by electric current, in, on, or about buildings or structures is permitted, reviewed and inspected by the Washington State Department of Labor and Industries. The Department of Labor and Industries maintains this authority throughout the state of Washington except in those jurisdictions that have exercised their authority to enact an ordinance to assume this responsibility. DISCUSSION ANALYSIS ALTERNATIVES The Permit Center currently issues all required development permits except for electrical work permits. The ability to issue electrical work permits would be the last component necessary to make the Permit Center truly a "one stop" resource for Tukwila citizens. In addition, an electrical code enforcement program administered by Tukwila would bring local control of the revenue, plan review, inspection approval and appeals process. RCW 19.28.010 allows cities to assume the responsibility for enforcement of the National Electric Code, provided that the adopting ordinance requires an equal, higher, or better standard of construction and an equal, higher, or better standard of materials, devices, appliances, and equipment than that required by the State. The proposed ordinance for the city of Tukwila would provide for a standard equal to that enforced by the Department of Labor and Industries. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 �1J ILA w x e_ City of Tukwila r Steven M. Mullet Mayor ;Q f"'Of 0 kW/ Department of Community Development Steve Lancaster Director Page 2 Electrical inspectors hired by the City would have to meet the same qualifications set forth for State electrical inspectors. Consequently, this will create a timing and coordination challenge for implementing an electrical code enforcement program. In order to meet this challenge I have had discussions with the City of SeaTac regarding an interlocal agreement whereby our permit Center would issue electrical work permits and the City of SeaTac would provide plan review and inspection services. A draft interlocal agreement has been reviewed by the legal staff of the respective cities and a copy included as an attachment herewith. RECOMMENDATION Approve the adopting ordinance and interlocal agreement. Attachments: Draft ordinance. Electrical permit fee schedule. Electrical fee comparison. Interlocal agreement. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 SHOW C3 VEGES VERSION: PDDITIONS ARE NOTED IN 130TD WITH VERTICAL LINT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2121 §1 (PART), AS CODII-1ED AT TMC CHAPTER 16.04, TO ADOPT THE 2005 EDITION OF THE NATIONAL ELECTRICAL CODE AND ADM NNISTRATIVE PROCEDURES FOR ITS ENFORCEMENT; SETTING ELECTRICAL PERMIT FEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to replace the Washington State Department of Labor and Industries as the authority having jurisdiction for enforcement, permitting and inspections of electrical installations within the City of Tukwila; and WHEREAS, the City Council desires to establish the City of Tukwila Hearing Examiner as the authority to hear and rule on appeals relative to the application and interpretation of the National Electrical Code (NEC); and WHEREAS, the City Council desires to adopt provisions for administration and enforcement of the NEC; and WHEREAS, in order to properly serve its citizens, it is necessary to adopt a schedule of fees related to permits and inspections of the NEC; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2121 §1 (part), as codified at TMC 16.04.020, is hereby amended to read as follows: 16.04.020 Codes Adopted Effective July 1, 2004, the following codes are adopted by reference as if fully set forth: 1. The International Building Code 2003 Edition, and referenced standards hereto as published by the International Code Council, Inc., and as adopted by the State of Washington in WAC 51 -50 -003. The following Appendices are specifically adopted. a. Appendix C, Agricultural Buildings. b. Appendix E, Supplementary Accessibility Requirements, Sections 101 through 106. c. Appendix I, Patio Covers. d. Section 101.2 of the International Building Code, 2003 Edition, is amended to include Exception 3: Work performed by the City of Tukwila and located in City of Tukwila right -of -way, work performed by Washington State Department of Transporta- tion and located in WSDOT right -of -way to include public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. Structures or buildings that are intended to be used as any occupancy classification of the State Building Code are not exempt. C:'Documents and Settinngs1All Users�ktop`d elly\MSDA TA\ Ordinances\Electrical Code Strikethroush bjs 3- 07.doc BB:kn 3/142007 Page 1 of 10 e. Section 101.4.1 provisions of the ICC electrical code are not adopted. f. Section 113.4 is amended to include: "The violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of TMC Chapter 8.45." 2. The International Residential Code (for One- and Two Family Dwellings), 2003 Edition, published by the International Code Council, Inc., Chapters 25 through 42, Plumbing and Electrical provisions of the IRC, are not adopted. 3. The Uniform Plumbing Code and the Uniform Plumbing Code Standards, 2003 Edition, published by the International Association of Plumbing and Mechanical Officials, and as adopted by the State of Washington in Chapters 51 -56 WAC. Provided that Chapter 12, Fuel Piping, and Chapter 15, Fire Stop Protection, of this code are not adopted. Provided further, that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the Code addressing building sewers are not adopted. Provided further, that cross connection control related to the City public water system shall be in accordance with the City of Tukwila Public Works Department "Development Guidelines and Design and Construction Standards," and shall be permitted, inspected and approved by Tukwila Public Works Department. a. The City of Tukwila shall have a Board of Appeals to hear and rule on Plumbing Code appeals. b. The City of Tukwila hereby adopts the following amendments to the Uniform Plumbing Code as adopted in TMC 16.04.020: (1) All reference to and definition of "Authority Having Jurisdiction" is deemed to refer to and shall mean the "Building Official (2) UPC Section 103.4.5.1: The Building Official may authorize the refunding of any fee paid hereunder, which was erroneously paid or collected. (3) UPC Section 103.4.5.2: The Building Official may authorize the refund of not more than 80% of the permit fee when no work has been done under a permit issued in accordance with this code. (4) UPC Section 103.4.5.3: The Building Official may authorize the refund of not more than 80% of the plan review fee paid, when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. (5) Appendix D: Sizing storm water drainage systems, pertaining to roof drainage. (6) Appendix G: Grey water systems for single family dwellings. (7) Appendix H: Recommended procedures for design, construction, and installation of commercial kitchen grease interceptors. 4. The International Mechanical Code, 2003 Edition, as published by the International Code Council, Inc. Conference of Building Officials, and as adopted by the State of Washington in Chapter 51-42 WAC. 5. The 2001 Washington State Energy Code (Chapter 51 -11 WAC). 6. The Washington State Ventilation and Indoor Air Quality Code, 2003 Edition. 7. The International Fuel Gas Code, 2003 Edition, published by the International Code Council, Inc. is hereby adopted, provided that the standards for liquefied petroleum gas installations shall be the 2001 edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2002 edition of ANSI Z223.1 /NFPA 54 (National Fuel Gas Code), and, provided further that the following amendments shall apply: a. All references to and definition of "Code Official" is hereby deemed to refer to and shall mean the "Building Official." C:\Doeuments and Settings\All Users 'Desktop\t ellyuMSDATA \Ordinances\ Electrical Code Strikethroush bjs 3 -07.doc BE•kn 3714!1007 Page 2 of 10 b. UPC Section 106.5.3, Fee Refunds. The Building Official may authorize the refunding of fees as follows: The full amount of any fee paid which was erroneously paid or collected. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. Not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 8. Effective March 2007, the 2005 edition of the National Electrical Code (NFPA 70 2005), as published by the National Fire Protection Association, Inc, including Annex A, B, and C; and Standards and referenced works referred to and the regulations contained in Chapter 296 -46B -010 WAC, as now in effect and as may subsequently be amended, updated or issued as new editions, pursuant to RCW 19.28.031, are hereby adopted by reference to establish safety standards in installing electric wires and equipment, and to provide administrative rules, with the exception of the inspection fees of WAC 296 -46B -905 and the permit fees of WAC 29646B -900 and CIass B basic electrical inspection process of WAC 29646B -110. Provided further that the following administrative procedures are adopted: a. The authority having jurisdiction within the City of Tukwila shall mean the Building Official, and shall include the Chief Electrical Inspector or other individuals or jurisdictions as designated by the Building Official. b. The authority having jurisdiction is hereby authorized and directed to enforce the provisions of this code; and shall have the authority to render interpretations of this code in order to provide clarification to its requirements, as permitted by Article 90.4; and to adopt policies and procedures in order to clarify the application of its provisions. c. This code applies to new installations. Buildings with construction permits dated after adoption of this code shall comply with its requirements. d. Existing electrical installations that do not comply with the provisions of this code shall be permitted to be continued in use, unless the authority having jurisdiction determines that the lack of conformity with the code is found to be dangerous to human life or property. e. Additions, alterations or repairs to any building, structure or premises shall conform to that required of a new building, without requiring the existing building to comply with all the requirements of this code or amendments adopted by reference herein. Additions, alterations, installations or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the authority having jurisdiction. Electrical wiring added to an existing service, feeder or branch circuit shall not result in an installation that violates the provisions of the code in force at the time the additions are made. f. When the use of any electrical equipment or its installations is found to be dangerous to human life or property, the Building Official shall be empowered to have the premises disconnected from its source of electric supply. When such equipment or installation has been so condemned or disconnected, a notice shall be placed thereon listing the causes for condemnation, the disconnection or both, and the penalty for unlawful use thereof. Written notice of such condemnation and the causes therefore shall be given within 24 hours to the owners, the occupant or both, of such building, structure or premises. It shall be unlawful for any person to remove said notice, to reconnect the electric equipment to its source of electric supply, or to use or permit to be used electric power in any such electric equipment, until such causes for the condemnation or disconnection have been remedied to the satisfaction of the Building Official. g. The authority having jurisdiction shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this code. C:\Documents and Settin_s4111 Users\ Deskt op\F: ellMSDATA \OsdinancesElectrical Code Strikethrouah bjs 3 -07 -don BB:ka 3/14/2007 Page 3 of 10 h. The authority having jurisdiction shall be authorized to inspect, at all reasonable times, any building or premises for dangerous or hazardous conditions or equipment as set forth in this code. The Building Official shall be permitted to order any person(s) to remove or remedy such dangerous or hazardous condition or equipment. Any person(s) failing to comply with such order shall be in violation of this code. i. Where the authority having jurisdiction deems that conditions hazardous to life and property exist, he or she shall be permitted to require that such hazardous conditions in violation of this code be corrected. j. To the full extent permitted by law, the authority having jurisdiction engaged in inspection work shall be authorized at all reasonable times to enter and examine any building, structure or premises for the purpose of making electrical inspections. Before entering premises, the authority having jurisdiction shall obtain the consent of the occupant thereof or obtain a court warrant authorizing entry for the purpose of inspection except in those instances where an emergency exists. As used in this section, "emergency" means circumstances that the authority having jurisdiction knows or has reason to believe exist, and that reasonably can constitute immediate danger to persons or property. k. The Building Official shall be permitted to require submittal of plans and specifications to ensure compliance with this code. 1. The authority having jurisdiction shall be permitted to waive specific requirements in this code or permit alternative methods, where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety. Technical documentation shall be submitted to the authority having jurisdiction to demonstrate equivalency and that the system, method or device is approved for the intended purpose. m. Each application for a waiver of a specific electrical requirement shall be filed in writing, and shall be accompanied by such evidence, letters or statements to justify the request. Approval or denial of said request shall be in writing. n. Application for a permit required by this code shall be made to the Building Official in such form and detail as prescribed by the Building Official. The Building Official shall have the authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations related to inspections, inspection approval and refund of fees. o. Limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The Building Official is authorized to grant one extension of time for an additional period not exceeding 90 days. The extension shall be requested in writing and justifiable cause shall be demonstrated. p. Limitation of permit. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The ed to grant, in writing, Official is authorized gr g, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause shall be demonstrated. q. Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error, on the basis of incorrect, inaccurate, false representations or incomplete information; or in violation of any ordinance, regulation or any of the provisions of this code. A permit shall be issued to one person or business only and for the location or purpose described in the permit. Any change that affects any of the conditions of the permit shall require a new or amended permit. C ADocuments and SettingsWl Users \Desktop\ Kelly \MSDATA\Ordinances\Electriral Code Suiketivough bjs 3 -07.doc BB An 3/14!1007 Page 4 of 10 r. Payment of fees. A permit shall not be valid until the fees prescribed by ordinance have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. s. Schedule of permit fees. A fee for each permit shall be paid as required in accordance with TMC 16.04.250, G. t. Appeals. (1) Review of Decisions. Any person, firm or corporation may register an appeal with the Building Official for a review of any decision of the Chief Electrical Inspector or of any Electrical Inspector, provided that such appeal is made in writing within 15 calendar days after such person, firm or corporation shall have been notified. Any person shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exist: (a) The true intent of the codes or ordinances described in this code has been incorrectly interpreted. (b) The provisions of the codes or ordinances do not fully apply. (c) A decision is unreasonable or arbitrary as it applies to alternatives or new materials. (2) The written appeal to the Hearing Examiner shall be filed within 14 calendar days from the date of Issuance of the Building Officials decision. Appeal procedures shall be in accordance with TMC Chapter 18.116. u. Violations. Whenever the authority having jurisdiction determines that there are violations of this code, a written notice shall be issued to confirm such findings. Any Notice and Order issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice and Order shall be posted on the premises in a conspicuous place at or near the entrance to such premises, and the Notice and Order shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. v. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice and Order is liable for the monetary penalties prescribed in TMC 8.45.100. Section 2. Ordinance No. 2121 §1 (part), as codified at TMC 16.04.250, is hereby amended to read as follows: 16.04.250 Schedule of Permit Fees A. Building Permit Fee Schedule. Total Valuation Building Permit Fees $1 to $500 $29 $501 to $2,000 $29 for the first $500, plus $3.78 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $85.70 for the first $2,000, plus $17.36 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $484.98 for the first $25,000, plus $12.52 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $797.98 for the first $50,000, plus $8.68 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $1,231.98 for the first $100,000, plus $6.94 for each additional $1,000 or fraction thereof to and including $500,000 C:1Docurnents and SettingslAll Users Desktop\ XelIy&MSDATA:Ordinanc Code Strikethroueh bjs 3-07.doc BB3a 3/14/2007 Page 5 of 10 Building Permit Fee Schedule (continued) Total Valuation I Building Permit Fees $500,001 to $1,000,000 $4,007.98 for the first $500,000, plus $5.89 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $6,952.98 for the first $1,000,000, plus $3.90 for each additional $1,000 or fraction thereof B. Plan Review Fee. When submittal documents are required by IBC Section 106.1, or IRC Section R106.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fee shall be 65% of the permit fee as set forth in the permit fee schedule. The plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. C. Other Fees. 1. Inspections outside normal business hours: $58 per hour (2 -hour minimum charge). 2. Re- inspection fee: $58 per hour, assessed upon call for third inspection of same correction notice. 3. Inspections for which no fee is specifically indicated: $58 per hour (1/2- hour minimum charge). 4. Additional plan review necessary due to additions or revisions to the plans: $58 per hour. 5. Work commencing before permit issuance shall be subject to an investigation fee of 100% of the usual permit fee. D. Mechanical Permit Fee Schedule. 1. Permit Issuance: Issuance of each permit (base fee): $30.00 2. The permit fees for mechanical work shall be as indicated in the following schedule: Valuation of Work (Total Contract Amount) I Mechanical Permit Fees $250 or less $58 $251 to $500 $58 for first $250, plus $6.75 for each $100 or fraction thereof, to and including $500 $501 to $1,000 I $74.87 for the first $500, plus $7.49 for each $100 or I fraction thereof, to and including $1,000 $1,001 to $5,000 I $112.32 for the first $1,000, plus $8.31 for each $1,000 or fraction thereof, to and including $5,000 $5,001 to $50,000 $145.56 for the first $5,000, plus $9.22 for each $1,000 or fraction thereof, to and including $50,000 $50,001 to $250,000 $414.90 for the first $50,000, plus $7.19 for each $1,000 or fraction thereof, to and including $250,000 $250,001 to $1,000,000 $1,852_90 for the first $250,000, plus $6.39 for each $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $4,792.50 for first $1,000,000, plus $5.68 for each S1,000 or fraction thereof 3. Plan review fee: 25% of the calculated permit fee. 4. Work commencing before permit issuance: 100% of usual permit fee. 5. Inspections outside normal business hours: $58 per hour (2 -hour minimum charge). 6. Re- inspection fee assessed: $58 per hour. C:\Documents and Settings\A11 Use, sDesktop1Ke11y1MSDATA FOrdinances\Electrical Code Strikethrough bjs 3- 07.doc BB ins 3114!2007 Page 6 of 10 7. Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed: 558 per hour (1/2- hour minimum charge). E. Plumbing Permit Fee Schedule. 1. Permit Issuance: Issuance of each permit (base fee): 530.00. 2. Issuance of each supplemental permit: 515.00 3. Unit Fee Schedule (in addition to items 1 2 above): For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) $58 For each additional fixture $10 1 l For each building sewer and each trailer park sewer 521 Rain water system per drain (inside building) 510 For each water heater and /or vent 510 For each industrial waste pretreatment interceptor, including its trap and $10 vent, except for kitchen type grease interceptors For each grease trap (connected to not more than four fixtures) 515 For each grease interceptor for commercial kitchens (less than 750 gallon 525 capacity) For each repair or alteration of water piping and /or water treating 510 equipment, each occurrence 1 For each repair or alteration of drainage or vent piping, each fixture 1 510 For each medical gas piping system serving one to five inlets /outlets for a $70 specific gas For each additional medical gas inlets /outlets 57 1 For each lawn sprinkler system on any one meter, including (1 -5) ATMOS $5 vacuum breakers; thereafter over five each ATMOS vacuum breaker 4. Other Inspections Fees (Plumbing). Inspection outside of normal business hours (minimum 3 hours) $58 /hour Re- inspection fee $58 /hour Inspections for which no fee is specifically indicated $58 /hour Plumbing permit issued after work commences for which a permit is required: Emergency conditions No fee Non emergency conditions: Work commencing before Fee is 100% permit issuance shall be subject to an investigation fee of permit fee equal to 100% of the permit fee. Plan review fee: The fee for review shall be 25% of the total plumbing Fee is 25% of permit fee. The plan review fee is a separate fee from the permit fee, permit fee and is applicable when plans are required in order to show compliance with the code. C:\Documents and Settines\\All Users Desktop\ Celly 'MSDATAIOrdinances\Electrical Code Strikethroush bjs 3- 07.doc BB:kn 3/142007 Page 7 Of JO F. Fuel Gas Piping Permit Fees. 1. Permit Issuance: For issuing each permit (base fee): ($0 if permit is in conjunction with a $30 plumbing permit for an appliance with both plumbing and gas connection.) For issuing each supplemental permit $15 2. Unit Fee Schedule (in addition to items in F.1. above): For each gas piping system of one to five outlets $58 For each additional gas piping system outlet, per outlet $7 3. Other Inspections and Fees (fuel gas piping): Inspections outside of normal business hours $58 /hour Re- inspection fee S58/ hour Inspection for which no fee is specifically indicated $58 /hour Additional plan review required by changes, additions, or revisions to $58/hour approved plans (minimum charge 1/2 hour) Work commencing before permit issuance shall be subject to an 100% of the investigation fee equal to 100% of the permit fee permit fee Plan review fee: The fee for review shall be 25% of the total fuel gas Fee is 25% of piping permit fee. The plan review fee is a separate fee from the permit fee permit fee and is required when plans are required in order to show compliance with the code. G. Electrical Permit Fees. (1) NEW SINGLE FAMILY DWELLINGS New single -family dwellings (including a garage) $140 Garages, pools, spas and outbuildings I $75 Low voltage systems $55 (2) SINGLE FAMILY REMODEL AND SERVICE CHANGES Service change or alteration no added/altered circuits $75 Service change with added/altered circuits, for each added circuit $75 plus $10 (maximum permit fee $140) Circuits added/altered without service change (includes up to 5 $50 circuits) Circuits added/altered without service change (more than 5 circuits), $50 plus $7 for each added circuit (maximum vermit fee $90) Meter /mast repair $65 Low voltage systems $55 C:1Doeuments and SeninsWll UsersDDesktop\ Kelly MSDATA':Ordinances\Elecvical Code Strikethroaah bjs 3 -07.doc BBd:n 3/14/2007 Page 8 of 10 (3) MULTI -FAMILY AND COMMERCIAL (including low voltage) Valuation (of Electrical Contract) I Permit Fee $250 or less $58 $251 to $1,000 $58 for the first $250, plus $4 for each $100 or fraction thereof, to and including $1,000 $1,001 to $5,000 $84 for the first $1,000, plus $20 for each $1,000 or fraction thereof, to and including $5,000 $5,001 to $50,000 $164 for the first $5,000, plus $16.40 for each $1,000 or fraction thereof, to and including $50,000 $50,001 to $250,000 $902 for the first $50,000, plus $12 for each $1,000 or fraction thereof, to and including $250,000 $250,001 to $1,000,000 $3,302 for the first $250,000, plus $8.50 for each $1,000 or fraction thereof, to and including $1,000,000 Over $1,000,000 $9,677, plus 0.5% of cost over $1,000,000 (4) Plan review fee. In addition to the permit fee, when plan review is required, including fire alarm systems, a plan review fee must be paid at the time of permit application equal to 25% of the permit fee, with a minimum of $58. (5) MISCELLANEOUS FEES Temporary service (residential) $58 Temporary service/generators $75 Manufactured/mobile home service (excluding garage or outbuildings) $80 Carnivals: Base fee $75 Each concession $10 Inspections or plan review not specified elsewhere $58/hour Work covered without inspection or work not ready at the time of inspection may be charged a trip fee at the hourly rate listed above. Work without a permit: Any person who commences electrical work before obtaining the necessary permits shall be subject to twice the established fees as set forth in the electrical fee schedule or increased by $100, whichever is greater. This fee, which shall constitute an investigation fee, shall be imposed and collected in all cases, whether or not a permit is subsequently issued. Section 3. 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. C:\Documents and Settins4U1 Users Desktop\K elly\MSDATA \Qrdinances\Electrical Code St ikethroush bjs 3 -07.doc BB:kn 3/142007 Page 9 of 10 Section 4. 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 2007. ATTEST/ AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C:\Documents and SettingslAll Users\ DesktoplKeI IyMSDATA10rdinanceskEleotrical Code Strikethrough bjs 3 -07.doc BB:kn 3/14/2007 Page 10 of 10 GOlt O y` City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2121 §1 (PART), AS CODIFIED AT TMC CHAPTER 16.04, TO ADOPT THE 2005 EDITION OF THE NATIONAL ELECTRICAL CODE AND ADMINISTRATIVE PROCEDURES FOR ITS ENFORCEMENT; SETTING ELECTRICAL PERMIT FEES; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to replace the Washington State Department of Labor and Industries as the authority having jurisdiction for enforcement, permitting and inspections of electrical installations within the City of Tukwila; and WHEREAS, the City Council desires to establish the City of Tukwila Hearing Examiner as the authority to hear and rule on appeals relative to the application and interpretation of the National Electrical Code (NEC); and WHEREAS, the City Council desires to adopt provisions for administration and enforcement of the NEC; and WHEREAS, in order to properly serve its citizens, it is necessary to adopt a schedule of fees related to permits and inspections of the NEC; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2121 §1 (part), as codified at TMC 16.04.020, is hereby amended to read as follows: 16.04.020 Codes Adopted Effective July 1, 2004, the following codes are adopted by reference as if fully set forth: 1. The International Building Code 2003 Edition, and referenced standards hereto as published by the International Code Council, Inc., and as adopted by the State of Washington in WAC 51 -50 -003. The following Appendices are specifically adopted. a. Appendix C, Agricultural Buildings. b. Appendix E, Supplementary Accessibility Requirements, Sections 101 through 106. c. Appendix I, Patio Covers. d. Section 101.2 of the International Building Code, 2003 Edition, is amended to include Exception 3: Work performed by the City of Tukwila and located in City of Tukwila right -of -way, work performed by Washington State Department of Transporta- tion and located in WSDOT right -of -way to include public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. Structures or buildings that are intended to be used as any occupancy classification of the State Building Code are not exempt. C:\Documents and SettingsLlll Users \DesIdop\Kelly\MSDATA \Ordinanc kElectrical Code 3 -07.doc BB:Im 3/152007 Page 1 of 10 e. Section 101.4.1 provisions of the ICC electrical code are not adopted. f. Section 113.4 is amended to include: "The violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of TMC Chapter 8.45." 2. The International Residential Code (for One- and Two Family Dwellings), 2003 Edition, published by the International Code Council, Inc., Chapters 25 through 42, Plumbing and Electrical provisions of the IRC, are not adopted. 3. The Uniform Plumbing Code and the Uniform Plumbing Code Standards, 2003 Edition, published by the International Association of Plumbing and Mechanical Officials, and as adopted by the State of Washington in Chapters 51 -56 WAC. Provided that Chapter 12, Fuel Piping, and Chapter 15, Fire Stop Protection, of this code are not adopted. Provided further, that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the Code addressing building sewers are not adopted. Provided further, that cross connection control related to the City public water system shall be in accordance with the City of Tukwila Public Works Department "Development Guidelines and Design and Construction Standards," and shall be permitted, inspected and approved by Tukwila Public Works Department. a. The City of Tukwila shall have a Board of Appeals to hear and rule on Plumbing Code appeals. b. The City of Tukwila hereby adopts the following amendments to the Uniform Plumbing Code as adopted in TMC 16.04.020: (1) All reference to and definition of "Authority Having Jurisdiction" is deemed to refer to and shall mean the "Building Official (2) UPC Section 103.4.5.1: The Building Official may authorize the refunding of any fee paid hereunder, which was erroneously paid or collected. (3) UPC Section 103.4.5.2: The Building Official may authorize the refund of not more than 80% of the permit fee when no work has been done under a permit issued in accordance with this code. (4) UPC Section 103.4.5.3: The Building Official may authorize the refund of not more than 80% of the plan review fee paid, when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. (5) Appendix D: Sizing storm water drainage systems, pertaining to roof drainage. (6) Appendix G: Grey water systems for single family dwellings. (7) Appendix H: Recommended procedures for design, construction, and installation of commercial kitchen grease interceptors. 4. The International Mechanical Code, 2003 Edition, as published by the International Code Council, Inc. Conference of Building Officials, and as adopted by the State of Washington in Chapter 51-42 WAC. 5. The 2001 Washington State Energy Code (Chapter 51 -11 WAC). 6. The Washington State Ventilation and Indoor Air Quality Code, 2003 Edition. 7. The International Fuel Gas Code, 2003 Edition, published by the International Code Council, Inc. is hereby adopted, provided that the standards for liquefied petroleum gas installations shall be the 2001 edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2002 edition of ANSI Z223.1 /NFPA 54 (National Fuel Gas Code), and, provided further that the following amendments shall apply: a. All references to and definition of "Code Official" is hereby deemed to refer to and shall mean the "Building Official." C:1Documents and Settins\All Users\ Desk top! KellyMSDATA1OrdinanceslElutrical Code 3 -07.doc BB:kn 3/148007 Page 2 of 10 b. UPC Section 106.5.3, Fee Refunds. The Building Official may authorize the refunding of fees as follows: The full amount of any fee paid which was erroneously paid or collected. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. Not more than 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 8. Fffective March 2007, the 2005 edition of the National Electrical Code (NFPA 70 2005), as published by the National Fire Protection Association, Inc, including Annex A, B, and C; and Standards and referenced works referred to and the regulations contained in Chapter 296 -46B -010 WAC, as now in effect and as may subsequently be amended, updated or issued as new editions, pursuant to RCW 19.28.031, are hereby adopted by reference to establish safety standards in installing electric wires and equipment, and to provide administrative rules, with the exception of the inspection fees of WAC 29646B -905 and the permit fees of WAC 296 -46B -900 and Class B basic electrical inspection process of WAC 29646B -110. Provided further that the following administrative procedures are adopted: a. The authority having jurisdiction within the City of Tukwila shall mean the Building Official, and shall include the Chief Electrical Inspector or other individuals or jurisdictions as designated by the Building Official. b. The authority having jurisdiction is hereby authorized and directed to enforce the provisions of this code; and shall have the authority to render interpretations of this code in order to provide clarification to its requirements, as permitted by Article 90.4; and to adopt policies and procedures in order to clarify the application of its provisions. c. This code applies to new installations. Buildings with construction permits dated after adoption of this code shall comply with its requirements. d. Existing electrical installations that do not comply with the provisions of this code shall be permitted to be continued in use, unless the authority having jurisdiction determines that the lack of conformity with the code is found to be dangerous to human life or property. e. Additions, alterations or repairs to any building, structure or premises shall conform to that required of a new building, without requiring the existing building to comply with all the requirements of this code or amendments adopted by reference herein. Additions, alterations, installations or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the authority having jurisdiction. Electrical wiring added to an existing service, feeder or branch circuit shall not result in an installation that violates the provisions of the code in force at the time the additions are made. f. When the use of any electrical equipment or its installations is found to be dangerous to human life or property, the Building Official shall be empowered to have the premises disconnected from its source of electric supply. When such equipment or installation has been so condemned or disconnected, a notice shall be placed thereon listing the causes for condemnation, the disconnection or both, and the penalty for unlawful use thereof. Written notice of such condemnation and the causes therefore shall be given within 24 hours to the owners, the occupant or both, of such building, structure or premises. It shall be unlawful for any person to remove said notice, to reconnect the electric equipment to its source of electric supply, or to use or permit to be used electric power in any such electric equipment, until such causes for the condemnation or disconnection have been remedied to the satisfaction of the Building Official. g. The authority having jurisdiction shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this code. C:\Documents and Settings\ JI Users\D s ktop\KelIy �MSDATA\Ordinances\Electrical Code 3 -07.doc BB:kn 3114/2007 Page 3 of 10 h. The authority having jurisdiction shall be authorized to inspect, at all reasonable times, any building or premises for dangerous or hazardous conditions or equipment as set forth in this code. The Building Official shall be permitted to order any person(s) to remove or remedy such dangerous or hazardous condition or equipment. Any person(s) failing to comply with such order shall be in violation of this code. i. Where the authority having jurisdiction deems that conditions hazardous to life and property exist, he or she shall be permitted to require that such hazardous conditions in violation of this code be corrected. j. To the full extent permitted by law, the authority having jurisdiction engaged in inspection work shall be authorized at all reasonable times to enter and examine any building, structure or premises for the purpose of making electrical inspections. Before entering premises, the authority having jurisdiction shall obtain the consent of the occupant thereof or obtain a court warrant authorizing entry for the purpose of inspection except in those instances where an emergency exists. As used in this section, "emergency" means circumstances that the authority having jurisdiction knows or has reason to believe exist, and that reasonably can constitute immediate danger to persons or property. k. The Building Official shall be permitted to require submittal of plans and specifications to ensure compliance with this code. 1. The authority having jurisdiction shall be permitted to waive specific requirements in this code or permit alternative methods, where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety. Technical documentation shall be submitted to the authority having jurisdiction to demonstrate equivalency and that the system, method or device is approved for the intended purpose. m. Each application for a waiver of a specific electrical requirement shall be filed in writing, and shall be accompanied by such evidence, letters or statements to justify the request. Approval or denial of said request shall be in writing. n. Application for a permit required by this code shall be made to the Building Official in such form and detail as prescribed by the Building Official. The Building Official shall have the authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations related to inspections, inspection approval and refund of fees. o. Limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The Building Official is authorized to grant one extension of time for an additional period not exceeding 90 days. The extension shall be requested in writing and justifiable cause shall be demonstrated. p. Limitation of permit. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause shall be demonstrated. q. Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error, on the basis of incorrect, inaccurate, false representations or incomplete information; or in violation of any ordinance, regulation or any of the provisions of this code. A permit shall be issued to one person or business only and for the location or purpose described in the permit. Any change that affects any of the conditions of the permit shall require a new or amended permit. Monuments and Set&nes\A1l UserskDesktop`. Ke llyWISDATA \Ordinances\Electrical Code 3 -07.doc BB:kn 3/14/2007 Page 4 of 10 r. Payment of fees. A permit shall not be valid until the fees prescribed by ordinance have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. s. Schedule of permit fees. A fee for each permit shall be paid as required in accordance with TMC 16.04.250, G. t. Appeals. (1) Review of Decisions. Any person, firm or corporation may register an appeal with the Building Official for a review of any decision of the Chief Electrical Inspector or of any Electrical Inspector, provided that such appeal is made in writing within 15 calendar days after such person, firm or corporation shall have been notified. Any person shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exist: (a) The true intent of the codes or ordinances described in this code has been incorrectly interpreted. (b) The provisions of the codes or ordinances do not fully apply. (c) A decision is unreasonable or arbitrary as it applies to alternatives or new materials. (2) The written appeal to the Hearing Examiner shall be filed within 14 calendar days from the date of Issuance of the Building Officials decision. Appeal procedures shall be in accordance with TMC Chapter 18.116. u. Violations. Whenever the authority having jurisdiction determines that there are violations of this code, a written notice shall be issued to confirm such findings. Any Notice and Order issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice and Order shall be posted on the premises in a conspicuous place at or near the entrance to such premises, and the Notice and Order shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. v. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice and Order is liable for the monetary penalties prescribed in TMC 8.45.100. Section 2. Ordinance No. 2121 §1 (part), as codified at TMC 16.04.250, is hereby amended to read as follows: 16.04.250 Schedule of Permit Fees A. Building Permit Fee Schedule. Total Valuation Building Permit Fees $1 to $500 $29 $501 to $2,000 $29 for the first $500, plus $3.78 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $85.70 for the first $2,000, plus $17.36 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $484.98 for the first $25,000, plus $12.52 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $797.98 for the first $50,000, plus $8.68 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $1,231.98 for the first $100,000, plus $6.94 for each additional $1,000 or fraction thereof to and including $500,000 C5Documents and Settin UserslDesFttop\Kell} MSDATA \Ordinancei.EleCCical Code 3 -07.doc BB:kn 3/142007 Page 5 of 10 Building Permit Fee Schedule (continued) Total Valuation Building Permit Fees $500,001 to $1,000,000 $4,007.98 for the first $500,000, plus $5.89 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $6,952.98 for the first $1,000,000, plus 53.90 for each additional $1,000 or fraction thereof B. Plan Review Fee. When submittal documents are required by IBC Section 106.1, or IRC Section R106.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fee shall be 65% of the permit fee as set forth in the permit fee schedule. The plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. C. Other Fees. 1. Inspections outside normal business hours: $58 per hour (2 -hour minimum charge). 2. Re- inspection fee: $58 per hour, assessed upon call for third inspection of same correction notice. 3. Inspections for which no fee is specifically indicated: $58 per hour (1/2- hour minimum charge). 4. Additional plan review necessary due to additions or revisions to the plans: $58 per hour. 5. Work commencing before permit issuance shall be subject to an investigation fee of 100% of the usual permit fee. D. Mechanical Permit Fee Schedule. 1. Permit Issuance: Issuance of each permit (base fee): 530.00 2. The permit fees for mechanical work shall be as indicated in the following schedule: Valuation of Work (Total Contract Amount) Mechanical Permit Fees $250 or less $58 5251 to $500 558 for first 5250, plus 56.75 for each 5100 or fraction thereof, to and including 5500 5501 to 51,000 $74.87 for the first $500, plus 57.49 for each 5100 or fraction thereof, to and including $1,000 $1,001 to $5,000 5112.32 for the first $1,000, plus $8.31 for each $1,000 or fraction thereof, to and including 55,000 $5,001 to $50,000 5145.56 for the first 55,000, plus $9.22 for each 51,000 or fraction thereof, to and including 550,000 $50,001 to 5250,000 $414.90 for the first $50,000, plus 57.19 for each 51,000 or fraction thereof, to and including $250,000 5250,001 to 51,000,000 51,852.90 for the first 5250,000, plus $6.39 for each 51,000 or fraction thereof, to and including 51,000,000 $1,000,001 and up 54,792.50 for first 51,000,000, plus 55.68 for each 51,000 or fraction thereof 3. Plan review fee: 25% of the calculated permit fee. 4. Work commencing before permit issuance: 100% of usual permit fee. 5. Inspections outside normal business hours: $58 per hour (2 -hour minimum charge). 6. Re- inspection fee assessed: $58 per hour. C:lDocuments and Settings.Ail Users\ Desktop\K e0y 1 MSDATA\OrdinanceslElectrical Code 3 -07 dot:: BB:kn 3/14/2007 Page 6 of 10 7. Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed: S58 per hour (1/2- hour minimum charge). E. Plumbing Permit Fee Schedule. 1. Permit Issuance: Issuance of each permit (base fee): $30.00. 2. Issuance of each supplemental permit: $15.00 3. Unit Fee Schedule (in addition to items 1 2 above): For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) $58 For each additional fixture $10 For each building sewer and each trailer park sewer $21 Rain water system per drain (inside building) $10 For each water heater and/ or vent $10 For each industrial waste pretreatment interceptor, including its trap and $10 vent, except for kitchen type grease interceptors For each grease trap (connected to not more than four fixtures) $15 For each grease interceptor for commercial kitchens (less than 750 gallon $25 1 capacity) For each repair or alteration of water piping and /or water treating $10 equipment, each occurrence 1 For each repair or alteration of drainage or vent piping, each fixture 1 $10 For each medical gas piping system serving one to five inlets/ outlets for a S70 specific gas For each additional medical gas inlets /outlets $7 For each lawn sprinkler system on any one meter, including (1 -5) ATMOS $5 vacuum breakers; thereafter over five each ATMOS vacuum breaker 4. Other Inspections Fees (Plumbing). Inspection outside of normal business hours (minimum 3 hours) $58 /hour Re- inspection fee $58 /hour Inspections for which no fee is specifically indicated $58 /hour Plumbing permit issued after work commences for which a permit is required: Emergency conditions No fee Non- emergency conditions: Work commencing before Fee is 100% permit issuance shall be subject to an investigation fee of permit fee equal to 100% of the permit fee. Plan review fee: The fee for review shall be 25% of the total plumbing Fee is 25% of 1 permit fee. The plan review fee is a separate fee from the permit fee, permit fee and is applicable when plans are required in order to show compliance with the code. C: \Documents and Settings\All Users\ Desktop\ Kell yiMSDATA \Ordinances\Eleurical Code 3 -07.doc BB:kn 3/142007 Page 7 of 10 F. Fuel Gas Piping Permit Fees. 1. Permit Issuance: For issuing each permit (base fee): ($0 if permit is in conjunction with a $30 plumbing permit for an appliance with both plumbing and gas connection.) For issuing each supplemental permit $15 2. Unit Fee Schedule (in addition to items in F.1. above): For each gas- piping system of one to five outlets $58 For each additional gas piping system outlet, per outlet $7 3. Other Inspections and Fees (fuel gas piping): Inspections outside of normal business hours $58 /hour Re- inspection fee S58 /hour Inspection for which no fee is specifically indicated $58 /hour Additional plan review required by changes, additions, or revisions to $58 /hour approved plans (minimum charge 1/2 hour) Work commencing before permit issuance shall be subject to an 100% of the investigation fee equal to 100% of the permit fee permit fee Plan review fee: The fee for review shall be 25% of the total fuel gas Fee is 25% of piping permit fee. The plan review fee is a separate fee from the permit fee permit fee and is required when plans are required in order to show compliance with the code. G. Electrical Permit Fees. (1) NEW SINGLE -FAMILY DWELLINGS New single- family dwellings (including a garage) $140 Garages, pools, spas and outbuildings $75 Low voltage systems $55 (2) SINGLE FAMILY REMODEL AND SERVICE CHANGES Service change or alteration no added /altered circuits $75 Service change with added /altered circuits, for each added circuit $75 plus $10 (maximum permit fee $140) Circuits added /altered without service change (includes up to 5 $50 circuits) Circuits added /altered without service change (more than 5 circuits), $50 plus $7 for each added circuit (maximum permit fee $90) Meter /mast repair $65 Low voltage systems $55 C:\Documents and Settings Users\Desktop\ Kelly \MSDATA \Ordinances\Electrical Code 3 -07.doc BB:lan 3/142007 Page 8 of 10 (3) MULTI FAMILY AND COMMERCIAL (including low voltage) Valuation (of Electrical Contract) I Permit Fee $250 or less $58 8251 to $1,000 $58 for the first $250, plus $4 for each 8100 or fraction thereof, to and including $1,000 $1,001 to $5,000 $84 for the first $1,000, plus $20 for each 81,000 or fraction thereof, to and including $5,000 85,001 to $50,000 $164 for the first $5,000, plus 816.40 for each $1,000 or fraction thereof, to and including $50,000 $50,001 to $250,000 $902 for the first $50,000, plus 812 for each 81,000 or fraction thereof, to and including 8250,000 $250,001 to $1,000,000 $3,302 for the first 8250,000, plus $8.50 for each 81,000 or fraction thereof, to and including $1,000,000 Over $1,000,000 $9,677, plus 0.5% of cost over $1,000,000 (4) Plan review fee. In addition to the permit fee, when plan review is required, including fire alarm systems, a plan review fee must be paid at the time of permit application equal to 25% of the permit fee, with a minimum of S58. (5) MISCELLANEOUS FEES Temporary service (residential) 858 Temporary service /generators 875 Manufactured /mobile home service (excluding garage or outbuildings) $80 Carnivals: Base fee 875 Each concession $10 Inspections or plan review not specified elsewhere $58 /hour Work covered without inspection or work not ready at the time of inspection may be charged a trip fee at the hourly rate listed above. Work without a permit: Any person who commences electrical work before obtaining the necessary permits shall be subject to twice the established fees as set forth in the electrical fee schedule or increased by $100, whichever is greater. This fee, which shall constitute an investigation fee, shall be imposed and collected in all cases, whether or not a permit is subsequently issued. Section 3. Severabili.ty. 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. C:1Documents and SeninsWll Users DesktopU: elly\MSDATAIOrdinances\Electrical Code 3 -07.doc BB:im 3/14/2007 Page 9 of 10 Section 4, 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 2007. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C:1Documents and Settings\ All Users Desktop Kelly MSDATAIOrdinances\Electric3l Code 3 -07.doc BB:kn 3/14/2007 Page 10 of 10 APPENDIX "A" G. Electrical Permit Fees. NEW SINGLE FAMILY DWELLINGS New single family dwellings (including a garage) $140. Garages, pools, spas and outbuildings 75. Low voltage systems 55. SINGLE FAMILY REMODEL AND SERVICE CHANGES. Serivce change or alteration no added /altered circuits 75. Service change with added /altered circuits 75. plus $10 for each added circuit (maximum permit fee $140). Circuits added /altered without service change (includes up to 5 circuits) 50. Circuits added /altered without service change (more than 5 circuits) $50. plus $7. for each added circuit (maximum permit fee $90.). Meter /mast repair $65. Low voltage systems $55. MULTIFAMILY AND COMMERCIAL (Including low voltage). VALUATION of electrical contract. PERMIT FEE 250 or less 1 $58 251 $1000 $58 for the first $250 plus $4.00 for each $100 or fraction thereof, to and including $1000. $1,001 $5,000 $84 for the first $1000 plus $20 for each $1000 or fraction thereof, to and including $5,000. $5001 $50,000 $164 for the first $5000 plus $16.40 for each $1000 or fraction thereof, to and including $50,000. $50,001 $250,000 $902 for the first $$50,000 plus S12.00 for each $1000 or fraction thereof, to and including $250,000. $250,001 $1,000,000. $3302 for the first $250,000 plus S8.50 for each $1000 or fraction thereof, to and including $1,000,000. 1 Over $1,000,000. 1 $9,677 plus 0.5 of cost over one million. Plan review fee In addition to the permit fee, when plan review is required, including fire alarm systems, a plan review fee must be paid at the time of permit application equal to 25% of the permit fee with a minimum of $58. MISCELLANEOUS FEES. Temporary service (residential) $58. Temporary service /generators $75. Manufactured /mobile home service (Excluding garage or outbuildings) 80. Carnivals Base fee $75. Each concession 10. Inspections or plan review not specified elsewhere $58. Hr. Work covered without inspection or work not ready at the time of inspection may be charged a trip fee at the hourly rate listed above. Work without a permit: Any person who commences electrical work before obtaining the necessary peindts shall be subject to twice the established fees as set forth in the electrical fee schedule. This fee, which shall constitute an investigation fee, shall be imposed and collected in all cases, whether or not a permit is subsequently issued. ELECTRICAL FEE COMPARISON The following is a comparison of the electrical fees charged by Labor Industries and the fee schedule proposed for Tukwila. The major difference is in the method of assessing fees. Labor Industries has a fee schedule that assigns a fee to each category and element of the electrical work. In addition, progress inspections and trip fees are charged on every job where multiple inspections (or partial inspections) are requested. Consequently, the Labor Industries fee can only be estimated since the fees that are charged are dependent upon the number of progress inspections, re- inspection fees and number of trip fees. The proposed electrical fee schedule for Tukwila assigns a fee for single family residential work and a fee based upon a percent of the valuation of the electrical work for commercial projects. This methodology is modeled after the fee schedules of the City of SeaTac, Burien, and Renton. Electrical work Labor Industries fee Tukwila fee Valuation of Electrical work. 4600sf Single Family $227.44 $195. $30,800. Residence. 2830sf Single Family $144.60 $195. $26,000. Residence Detached garage building $48.10 $75. $3873. w/ studio above. 25,814sf new retail $727. $3512. $274,764. building. Small tenant improvement $95.80 58. $2500. Large commercial office $1513.70 11,077. $1,280,000. building remodel. Deleted: INTERLOCAL AGREEMENT FOR ELECTRICAL INSPECTION SERVICES Between the City of SeaTac and the City of Tukwila This agreement is entered into pursuant to Chapter 39.34 RCW between the City of Tukwila, Washington (hereafter referred to as the "City of Tukwila and the City of SeaTac, Washington (hereafter referred to as the "City of SeaTac to describe the terms and conditions under which the City of SeaTac will provide electrical plan review, inspection, and enforcement on behalf of the City of Tukwila. WHEREAS, the City of SeaTac employs Electrical inspectors qualified pursuant to 1 RCW 19.28.010 (3) who perform electrical plan review, field inspection, and customer Deleted: r service related to the issuance of electrical permits, inspection of electrical installation and construction, and investigation and enforcement of electrical code violations; and WHEREAS, The City of Tukwila desires to obtain the aforesaid services from the City of SeaTac to provide Electrical plan Review and Inspection services within theTukwila,City limits; and WHEREAS, the City of SeaTac is willing to provide such services pursuant to this Interlocal Agreement on the basis that all regular fees will be paid to the City of SeaTac by the City of Tukwila on a monthly basis in accordance with Appendix "A WHEREAS, the City of SeaTac will provide the services of its Electrical Inspectors who 1 will remain, employees of the City of SeaTac for all purposes Deleted: however, Deleted: and their said services shall IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, the be as independent contractors to the City of Tukwila; parties agree as follows: 1. Responsibilities of the City of Tukwila. The City of Tukwila will have the following responsibilities under this Interlocal Agreement: (a) Monitor the plan review services, the electrical field inspection services, and turn- around -time for the same and coordinate with electrical contractors and the City of SeaTac on an as- needed basis to assure that adequate service levels are maintained. (b) Review bi- monthly field inspection reports provided to the City of Tukwila by the City of SeaTac. (c) The City of Tukwila Building Inspectors will work and coordinate with the City of SeaTac's Electrical Inspector to provide the highest possible level of service throughout the City of Tukwila. (d) In the event of an appeal of any administrative decision of the City of SeaTac's Building Official or Electrical Inspector, such appeal will be heard by the City of 1 Tukwila's Hearing Examiner in accordance with Chapter 2.76 of the Tukwila Municipal Code. 2. Resnonsibilities of the City of SeaTac. (a) Provide plan review services for the City of Tukwila on an as- needed basis. (b) Provide field inspection services for the City of Tukwila on an as- requested basis, and as required by State and local laws and regulations. (c) Provide telephone consultation with the electrical contractor on an as- needed basis. (d) Provide the City of Tukwila with a bi- monthly report of the progress of plan reviews and of field inspections and the results therof. (e) The City of SeaTac Electrical Inspectors will work and coordinate with the City of Tukwila's Building Inspectors to provide the highest possible level of service throughout the City of Tukwila. 3. Consideration. The City of Tukwila will collect all fees in accordance with the Electrical Permit Fee Schedule attached as appendix "A" The fees collected will be paid to the City of SeaTac. less 10 by the ity of Tukwila following completion of services, Deleted: c on a monthly basis. 4. Administration. It is recognized that this Interlocal Agreement has been formulated to provide broad outlines of responsibilities, and it is anticipated that the details of the 1 relationship formed by this agreement will be arrived at through written,understandings Deleted: and verbal between the Building Officials of the respective cities. In the event such Officials are unable to agree on any provision relative to the administration of this Interlocal Agreement, any such dispute shall b,resolved at a meeting of the City Manages, of the Deleted: e City of SeaTac and the City Administrator of the City of Tukwila.,In the event _the City 1 Deleted: respective _l;lananer and the Citv Administrator,, are unable to arrive at a resolution of the dispute, I Deleted: s the parties have the option of terminating this agreement as provided herein. 1- Deleted: and the City of SeaTac. Deleted: such 5. _Term and Termination.The term of this agreement shall be from 04 -02- 2007 through, 04- 02 2008, otwithstanding the foregoing, however, either party may Deleted: Managers N extend or terminate this agreement upon written notice not less than ninety (90) Deleted days prior to the intended date of termination. Formatted: i ma g Style: Numbered Level: Start at: 5 Alignment: Left Aligned at: 0.25" Tab after: 0.5" Indent at: 6. Indemnification. The City of SeaTac hereby releases and agrees to indemnify and o.s° mn hold harmless the City of Tukwila, its successors and assigns and the officers, employees °elated: and agents of each "Indemnitiees from and against any and all claims of third parties Deleted: AAAAA and losses, harm, cost, liabilities, damages and expenses (including, but not limited to, Deleted: XAAAA Deleted:. 2 reasonable attorneys' fees) arising from willful or negligent acts or omissions of the City of SeaTac i?iclud ?nc. but not limited to acts which abrogate the nubile duty doctrine: PROVIDED, however, that the City of SeaTac shall not be required to so indemnify any such Indemnitee against liability for damages caused by or resulting from the sole negligence of Indemnitees; PROVIDED FURTHER that if such damages are caused by or result from the concurrent negligence of Indemnitees and the City of SeaTac or its officers, employees, or agents, then the City of SeaTac's Indemnitee hereunder shall be limited to the extent of the negligence of the City of SeaTac. The City of Tukwila hereby releases and agrees to indemnify and hold harmless the City of SeaTac, its successors and assigns and the officers, employees and agents of each "Indemnitees from and against any and all claims of third parties and losses, harm, cost liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising from willful or negligent acts or omissions of the City of Tukwila; PROVIDED, however, that the City of Tukwila shall not be required to so indemnify any such Indemnitee against liability for damages caused by or resulting from the sole negligence of Indemnitees; PROVIDED FURTHER that if such damages are caused by or result from the concurrent negligence of Indemnitees and of the City of Tukwila or its officers, employees, or agents, then the City of Tukwila's indemnity hereunder shall be limited to the extent of the negligence of the City of Tukwila. Amendment or Modification. This Interlocal Agreement may be amended or modified only by a subsequent written document executed by both City Managers of the City of Tukwila and the City of SeaTac. CITY OF TUKWILA, WASHINGTON CITY OF SEATAC, WASHINGTON By: By: Title: Title Date: Date: Attest/ Authenticated Attest/ Authenticated: City Clerk, City Clerk, Approved as to form: Approved as to form: City Attorney City Attorney 01/10/2007 9:22:49 AM 3 Community Affairs and Parks Committee Minutes February 27, 2007 5:00 PM Present: Pam Carter and Dennis Robertson, Council Members; Bob Benedicto, Building Official; Chuck Parrish, Community Member and Wynetta Bivens, Administrative Secretary Absent: Pam Linder Business Agenda: Electrical Code Bob Benedicto gave an overview of the adoption of the 2005 National Electrical Code. If the code is adopted, Title 16 of the Tukwila Municipal Code would be amended to transfer responsibility of the State Electrical Code to the Department of Community Development, Building Division. The proposed ordinance that has been established by the Department of Community Development if approved would enforce the following: The City of Tukwila would have jurisdiction for permitting and inspections of electrical installations. Appeal Process the City of Tukwila would have hearing examiner authority to hear and rule on appeals. This would be a two tier process, which would be heard by the Building Official first. The administration and enforcement of the National Electric Code. A permit and inspections fee schedule. To satisfy L I guidelines, this ordinance would need to be of equal or greater standards than what the State requires. The City of Tukwila is interested in entering into an interlocal agreement with the City of SeaTac. If the draft interlocal agreement, which has been established between the two Cities, is adopted, SeaTac will handle plan reviews and inspection services for Tukwila. Implementing this agreement would alleviate time constraint issues. Mr. Robertson commented that the interlocal agreement looks like a good working agreement. He inquired whether the terms of the agreement would be in effect for one year. Mr. Benedicto confirmed that it would be a one year agreement initially, with the intention that Tukwila will hire its own inspector. After the electrical inspector is hired the interlocal agreement would provide an on call source of coverage when the workload requires. Ms Carter requested that page 4 of the draft interlocal agreement is modified to include documentation stating that the appeal process will be heard in accordance with the TMC process. It was requested that a comparison sheet of the City's fees vs. L &I fees be included for residential and commercial projects. Also, provide examples showing how the City has simplified the complex fee schedule used by L &I. Effective immediately, the Building Department has a desk, car, and computer available to staff the electrical inspection position. Based off of 2006 projection permit fees, there will be sufficient revenue to pay the salary for this position. Recommendation was unanimous to go to the 3/12/07 COW for approval. Adjourned: 5:25 p.m. Committee Chair Approval Prepared by: WB Reviewed by: Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. March 5 12 19 26 Special Presentation: See agenda packet Introduction of cover sheet for this new employee week's agenda Port update (March 19, 2007 (Port of Seattle Regular meeting). Connuissioner) Habitat for Humanity (Diane Gallegos, Associate Director) Special Presentation: A resolution declaring property at 12230 43rd Ave. S. surplus and authorizing its donation to Habitat for Humanity of Seattle /So. King Co. A resolution establishing names for two streets in the urban center in the area known as Southcenter Square. April 2 9 16 23 Special Presentation: Special Presentation: Unfinished Business: Update on King Port update rental 2007 Comprehensive 30th County International Fifth Monday of the ty car facility Plan amendments Y Airport Roundtable (Heather Bornhorst, month —no Council (Kathleen Crabtree) Airport Operations meeting scheduled Proclamations/ Development Manager Appointments: and Kathy Cox- A proclamation Czosnyka, Aviation COMMITTEE OFTHE designating April Project Manager) WHOLE MEETING TO BE 2007 as Records Special Issues: FOLLOWED BY A SPECIAL and Information 2007 Comprehensive MEETING Management Month. Plan amendments Appointments to Planning Commission Unfinished Business: A resolution declaring property at 12230 43rd Ave. S. surplus and authorizing its donation to Habitat for Humanity of Seattle /So. King Co. A resolution establishing names for two streets in the urban center in the area known as Southcenter Square. Upcoming Meetings Events MARCH 2007 19th (Monday) 20th (Tuesday) 21st (Wednesday) 22nd (Thursday) 23rd (Friday) 24th (Saturdav) Finance Safety Utilities Cmte, Crime Hot Plannin Crate, 5:00 PM Spots Commission, 5:00 PM (CR 61) Task Force 7:00 PM (CR 3) Mtg., (Council SOUND TRANSIT 10:00 AM Chambers) City Council ROADS AND (CR 65) Regular Mtg., TRANSIT 7 :00 PM OPEN HOUSE Parks (Council Commission Chambers) 5:30 PM J 11 (Community .Center) 4:30 7:30 PM Library (Presentation at Advisory 6:00 PM on the Board, draft Roads and 7:00 PM Transit package) (Foster Library) Highline Community College— Student Commons 26th (Monday) 27th (Tuesday) 28th (Wednesday) 29th (Thursday) 30th (Friday) 31st (Saturday) Transportation Community COPCAB, Joint City Council Highway 99 Cmte, Affairs Parks 6:30 PM Tukwila School Trash Pickup Day 5:00 PM Cmte, (CR r5) Board Meeting 9:00 10:00 AM (CR #1) 5: 00 PM 7:00 Pnt For location call (CR 3) (Council Donna at City Council Chambers) 206 242 -5556 Committee of the Court Whole Mtg., 7:00 PM Let's Strike Out (Council Hunger Event Chambers) (supports the Tukwila Food Pantry) 9:00 AM to 12 :00 Noon at ACME Bowl For more information call Tracy at 206 -992 -4578 or visit www.Tukvila Rotary.org Arts Commission: lst 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. 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, Conf. Room #3. Contact Bev Willison at 206 433 -1844. Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Conf Room #3. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm 65. Police Dept. at 206- 433 -7175. Crime Hot Spots Task Force: 3rd Wed., 10 :00 AM, Conf. Room 65. Contact Police Department at 206- 433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 65. Contact Evie Boykan or Stacy Hansen at 206 -433 -7180. Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Finance Safety Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 63. Agenda items for 3/19/07 meeting: (A) Emergency preparedness offire stations. (B) Financial report. >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 months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 -433 -7180. Human Services Providers: Quarterly, 11:30 AM, TCC (2007 3/16, 6/21, 9/21, and 12/7). Contact Stacy Hansen at 206- 433 -7181. 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), 12:00 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 Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670. >Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 63. Contact Bev Willison at 206- 433 -1844. >Transportation Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 61. >Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #1. Agenda items for 3/20/07 meeting: (A) Area 4 of the GIS -based Public Works infrastructure inventory consultant recommendations. (B) Cascade View Drainage Improvements Project completion and acceptance. Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).