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COW 2006-02-27 COMPLETE AGENDA PACKET
Tukwila City Council Agenda Jr sz; COMMITTEE OF THE WHOLE o 1 —1 Lip =.0 51 S ul i o Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez 'l l Rhonda Berry, City Administrator Pam Carter Jim Haggerton 1908 Dennis Robertson, Council President Pamela Linder Verna Griffin Monday, February 27, 2006; 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL January flooding update; PRESENTATIONS Pat Brodin, Public Works Operations Manager. 3. CITIZEN At this time you are invited to comment on items not included on COMMENT this agenda. To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL a. Zoning Code amendments including administrative appeals Pg.3 ISSUES process (four ordinances). b. Appeal fee ordinance. Pg. 27 c. Land Use Permit Fee Schedule. Pg .35 d. Uniform Plumbing Code and International Fuel Gas Code Pg .45 enforcement. e. 2006 Overlay and Repair Consultant Agreement Pg.63 f. Klickitat /Southcenter Parkway (Urban Center Access Pg .79 Improvement Project) Consultant Supplemental Agreement. g. Time Warner Telecom Franchise Agreement. Pg.139 h. Bid award for the Maule Avenue /Campbell Hill/ Pg.155 58th Avenue South Waterlines Project. 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City 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. CO V 1 CIL AGENDA Siiwosis w M O lY P j Z Imiiais lTEM E0% G1 I Ieetin{ Date I Preba red by 1 .11arYr's 11-17(12.' I Coan revn• y ri /le 1.Q: E-i' TA 1 11/14/05 I PB 1 02/27/06 1 SL/"% 1 1 ITEM INFORMATION I CAS NUMBER. REF 05 -143 06-021 ORIGINAL AGENDA DATE. NOVEMBER 14, 2005 AGENDA ITEM TITLE Zoning Code Amendments including Administrative Appeals Process CATEGORY Discussion Motion n Resolution Ordinance n Bid Award Public Heaizng 1 1 Other Iltg Date 11/14/05 lIig Dale :lltg Date :lltg Dale 2/27/06 J(tg Dale _l ltg Date 1■• Date SPONSOR I 1 Council L1Iay'or Adm SL'cs DCD Finance n Fire Legal P&R Police I I PTV SPONSOR'S A group of four proposed amendments to the Zoning Code changing rezone procedures, SUMMARY code interpretation procedures, the design review approval standard and hearing bodies for certain adminstrative appeals. REVIEWED BY COW Mtg CA &P Cmte n F &S Cmte Transportauon Cmte Utilities Cmte ['Arts Comm. Parks Comm. Planmng Comm. DAI'E. 10/11/05, 2/14/06 (CAP) 11/14/05 (COW) 1/26/06 (PC) RECOMMENDATIONS: SPONSOR /ADNIIN COMMITTEE Send to COW for discussion COST IMPACT FUND SOURCE EXPENDrrURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0- -0- -0- Fund Source Comments MTG. DATE I RECORD OF COUNCIL ACTION 11/14/05 1 Send to the Planning Commission for a hearing and recommendation 2/27/06 1 1 1 MTG. DATE 1 ATTACHMENTS 2/27/06 Memorandum to CA &P Cmte. dated 2/8/06 Draft Ordinances 1 CAP Minutes 2/14/06 1 PC Minutes 1/26/06 I 11/14/05 1 Memorandum to CA&P Cmte. dated 10/06/05 Proposed Ordinance CAP Minutes 10/11/05 1 MEMORANDUM TO Mayor Mullet CommunIty Affairs and Parks Committee FROM: Steve Lancaster, DCD Director ~^-l/\.,/ RE: ZOnIng Code Amendments \ DATE: February 8, 2006 BACKGROUND Staff has grouped four proposed amendments to the Zonmg Code together for consideratIOn. The City Attorney has recommended changes m the followmg areas A. Rezone procedures; B. Code mterpretatIOn procedures and fee, C Design reVle\v approval standard; and D. City Council involvement in quasI-judicial matters. Staff presented these Issues with vanous optIOns to the Community Affairs and Parks (CAP) Committee on October 11,2005. The Committee dIscussed each item and chose to forward the first three to the PlannIng Commission for a heanng and recommendatIOn. The fourth item, Council mvolvement m quasI-judicial matters was fOr\varded to the COW for additIOnal diSCUSSIOn on November 14,2005 The COW modified several of the proposed appeal body changes and sent the revised ordmance on to the Plannmg Commission. The Planning CommISSIOn held a heanng on the four Items on January 26th. DISCUSSION OF PROPOSED CHANGES Each proposed change to the code language IS shown and discussed belO\\' A. Rezones The proposed changes would replace the eXlstmg Chapter 18 84 and add additional cntena and procedural clarity for rezone applIcatIOns. "'-G Q- CODL\ \1\;D\200o.\me/JdC ~\P.DOC Page I 02/08/2006 2 03 PivI 18.84.010 Application Submittal ApphcatlOn for rezone of propeIty shall be submItted to the Department of Commul1lty Development. The apphcatlon shall be a Type 5 decIsIon processed 111 accordance wIth the provIsIons ofTMC 18 108 050. 18.84.030 Criteria Each detenmnatlOn granting a rezone shall be supported by WrItten findl11gs and conclusIOns showl11g specifically wherel11 all of the followl11g condItIons eXIst: (1) That the proposed amendment to the zOl1lng map IS consIstent WIth the goals, objectIves, and policIes of the comprehensIve plan, (2) That the proposep amendment to the ZOl1lng map is consIstent WIth the scope and purpose of thIS tItle and the description and purpose of the zone classificatIOn applIed for; (3) That there are changed condItIons Sl11ce the prevIous ZOl1lng became effectIve to walTant the proposed amendment to the zoning map; and (4) That the proposed amendment to the zonl11g map wIll be 111 the l11terest of furtherance of the publIc health, safety, comfort, convel1lence and general welfare, and will not adversely affect the sun'oundl11g neighborhood, nor be l11JUrIOUS to other propertIes m the VIcil1lty 111 whIch the subject property IS located. 18.84.050 Conditions on Rezone Approvals The CIty Council shall have the authorIty to Impose condItIOns and safeguards as It deems necessary to protect or enhance the health, safety, and welfare of the sUlToundmg area, and to ensure that the rezone fully meets the findl11gs set fOlth 111 TMC 18.84.030. 18.84.070 Ordinance Required Action under thIS chapter '\vhIch amends the officIal zOl1lng map shall reqUIre the adoption of an ordmance by the CIty councIl pursuant to the mUl1lcIpal code and state law. The Plannmg COl1UTIlSSlOn concurred wIth these changes B. Code Interpretations The changes would clarIfy that mterpretatlOns may be requested (for a fee) by any person and that the DIrector's decIsIon would be gIven substantIal weIght m an appeal TMC 18.96.020 Interpretations An l11terpretatlOn of thIS tItle by the DIrector or 11lS or her delegate may be requested 111 wntl11g by any person or may be mitmted by the DIrector A decIsIon by the DIrector that an Issue IS not sublect to an l11terpretatlOn request shall be final and not sublect to adml111stratIve appeal. Any request for l11terpretatlOn shall be a Type 2 DecIsIOn filed wIth the DIrector accompal1led by a fee accordmg to the most recently adopted land Use Fee Schedule. The interpretatIon of the DIrector shall be gIven substantIal \\"elghr. and the burden of estabhshl11g the contrary shall be upon the appellant. AIIl11terpretatlons of thIs tItle shall be made by the DIrector or hIs delegate. If requested, lllterprCtlltlons NG Q ,CODL\\I'\D2006 \mcndC AP DOC Page :2 02/08/2006 2 03 PM shall be reduced to wntmg and an orderly retnevable record shall be kept The Plannmg CommIssion concurred wIth these changes. C. Design Review Approval Standard ThIs would change the approval standard at TMC 18.60 030 (8) from "clear demonstration of complIance" to "preponderance of eVIdence" ThIs was an Issue wIth a recent appeal of a design revIew decIsIOn and should help create more defensIble decIsIOns The Plannll1g CommIssIOn conculTed wIth thIs change. . D. City Council Review of Quasi-Judicial Matters The City Council has recently heard several quasI-judIcIal matters and CouncIl members requested that the CIty Attorney revIew theIr ll1volvement ll1land use decisIOns Many cItIes have moved to a system where many land use decIsIOns and most land use appeals are heard by a heanng examll1er rather than the City CouncIl. They have done thIs for several reasons' 1. quasI-judIcial matters apply existll1g CIty CouncIl polIcy decIsIOns (as reflected ll1 the ComprehensIve Plan and development ordll1ances) to specIfic factual sItuatIons, 2. the legal complexIty of the issues related to land use contll1ue to ll1crease; 3. the stakes for makll1g elTors IS hIgher, wIth attorney's fees provIsIons ll1 the Land Use PetItIOn Act as well as damage claIms that can anse from makll1g decIsIons based on l1npenmssible cntena; and 4. It removes the Council from polItIcally awkward or dIfficult sItuatIOns The restnctlOns placed on CouncIl members m a quasi-judicIal settll1g cut off contact and communicatIOn with cItIzens The COW recommendatIOn was to change the following Items from CIty CouncIl to hearing examll1er revIew' Type 2 Appeal of a parkll1g standard determll1atlOn for a use not specIfied by code Appeal of a specIal penmsslOn parkll1g detennll1atlOn/modlficatlOn Type 4 Appeal of a decIsIOn about modificatIOns to certall1 parkll1g standards Appeal of a unique sIgn decIsIon Appeal of a vanance from parkmg standards greater than 10% Type 5 Shorelll1e envlromnent redeslgnatlon The COW also recommended that appeals of decIsIons about exceptIons frol11 the newly enacted smgle-family desIgn standards should be heard by the CIty COlllleIl rather than the Planl1lng CommiSSIOn "-G Q' CODE.-\ \1'\.f) ~006c\mcndC \P DOC Page 3 02/08/20062 03 PM The Plannmg CommIssIon recommended that the ul1lque sIgn and shorelme envIronment redeslgnatIon decIsIOns be retamed by the CIty CouncIl rather than moved to the heanng exammer. The CommIssIoners expressed the opmlOn that these decIsIons mvolved consIderable Judgment and should be based on a knowledge of local condItIOns and as such were most appropriately made by an elected body Followmg are the Plannmg CommIssIon recommended changes. TYPE 2 DECISIONS INITIAL APPEAL BODY TYPE OF PERMIT DECISION MAKER (open record appeal) Administrative Design Revie\y Community Board of (TMC 18.60.030) Development DIrector Arch Itectural RevIew AdmmIstratlVe Planned ResIdential Short Plat CommIttee Heanng Exammer Development (TMC 17 08.040) Bmdmg SIte Improvement Plan Short Plat CommIttee Heanng Exammer (TMC Chap 17.16) Code InterpretatIOn CommunIty Heanng Exammer (TMC 18.90.010) Development DIrector DecisIOn regardmg Sensitive Areas CommunIty Plannmg (except Reasonable Use ExceptIOn) Development DIrector CommIssIOn (TMC 18.45) ExceptIOn from Smgle-Fmmly CommunIty CIty CouncIl DesIgn Standard Development DIrector Plannmg CommIssIOn Parkmg standard for use not specIfied CommUnIty CIty CouncIl (TMC 1856 100) Development DIrector Heanng Exammer Placement of Cargo Container CommunIty Heanng Exammer (TMC 1850.060) Develpment DIrector Shorelme SubstantIal Development CommunIty State Shorelmes PermIt Development DIrector Hearmgs Board (TMC Chapter 18.44) Short Plat Short Plat CommIttee Heanng Exammer (TM C 1 7. 12) SIgn Area Increase CommunIty Plannmg (TMC 19.32 140) Development DIrector CommIssIon SIgn PermIt DenIal CommunIty Plannmg (TMC Chapter 19 12) Development DIrector CommIssIon SpecIal PenmsslOn Parkmg, and Commul1lty CIty CouncIl Moddlcatlons to Certam Parkmg Development DIrector Heanng Exammer Standards (TMC 1856065 & 070) SpecIal PermIssIon SIgn, except Commul1lty Planl1lng "ul1lque sIgn" (vanous sectIons of Development DIrector CommIssIon TMC TItle 19) '\G Q CODEA\I'\D<~()06 \menclC \P DOC Page -I 02/08/2006 2 03 PM TYPE 4 DECISIONS INITIAL TYPE OF PERMIT DECISION APPEAL BODY MAKER (closed record appeal) CondItIOnal Use Pennit Plannmg CIty CouncIl (TMC Chapter 18.64) CommIssIOn ModIficatIOns to Certain Parking Planning CIty CourLcil Standards (TMC Chapter 1856) CommISSIon Hearmg Exammer PublIc Hearing DesIgn RevIew (TMC Board of City CounCIl Chapter 18.60, 18 56.040 and Shorelme ArchItectural Master Program) RevIew Reasonable Use ExceptIOns under Plannmg City Council SensitIve Areas Ordmance COlTIlTIlSSIOn (TMC 18.45.180) Shorelme CondItIOnal Use Permit Planl1lng State Shorelmes (TMC 18.44 050) CommIssIOn Heanngs Board Ul1lque SIgns Plannmg CIty CouncIl (TMC 19.28010) CommIssion HCJ.ring EXJ.mrncr Vanance from Parkmg Standards Over Plannmg City CounCIl 10% (TMC 18.56.140) CommIssion Hearmg Exammer TYPE 5 DECISIONS TYPE OF PERl\lIT DECISION MAKER Planned ResIdential Development (PRD), mcludmg Major CIty CouncIl ModIficatIOns (TMC Chapter 18 46) Rezone (TMC Chapter 18.84) CIty CouncIl SensItive Area Master Plan Overlay (TMC 1845 160) City CounCIl Shorelme EnVIrOl1lnent RedesIgnatIOn CIty CouncIl HCJ.nrLg (Shorelme Master Program) EXJ.mrncr SubdIvIsIOn - Fmal Plat (TMC 17 14030) CIty CouncIl SubdIvIsIOn - PrelIminary Plat (TMC 17 14 020) City Council UnclassIfied Use (TMC Chapter 18 66) CIty CounCIl REQUESTED ACTION Forward these proposed changes to the CO\V for a publIc heanng ?\G Q" CODL-\\I'\,[) 2006.-\mendC\1' DOC Page :' 02/08/2006 2 03 Pivl CITY OF TUKWILA "V ASHINGTON ~ K fT ORDINANCE NO. 0 AN ORDINANCE OF THE CITY OF TUKWILA, \V ASHINGTON, REPEALING TUK\VILA MUNICIPAL CODE CHAPTER 18.84 REGARDING REQUESTS FOR CHANGES IN ZONING; AND ADOPTING A NE\V TUK\VILA lVIUNICIP AL CODE CHAPTER 18.84 REGARDING REQUESTS FOR CHANGES IN ZONING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City of Tubvila desires to repeal and then adopt a new Tukwlla MumcIpal Code Chapter 18.84 (Requests for Changes m Zonmg) to establIsh new cntena for grantmg rezone applIcations, consIstent WIth state law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLO\VS: Section 1 Repealer. Tubvila MumcIpal Code Chapter 18.84 (Requests for Changes in Zoning) is hereby repealed m its entirety. Section? New TMC 1 R R4 Adopted. A new Tubvila Municipal Code Chapter 18.84 (Requests for Changes in Zoning) is hereby adopted to read as follows: 18.84.010 Application Submittal ApplIcation for rezone of property shall be submitted to the Department of Commumty Development. The applicatIon shall be a Type decision processed in accordance with the provisions ofTMC 18.108.050. 18.84.030 Criteria Each detenninatlOn granting a rezone shall be supported by written findmgs and conclusions showmg specifically wherem all ofthe followmg condItions eXIst: (1) That the proposed amendment to the zoning map is consistent wIth the goals, objectives, and polIcies of the comprehensive plan; (2) That the proposed amendment to the zoning map IS consIstent with the scope and purpose of thIS tItle and the descnption and purpose of the zone classification applIed for; (3) That there are changed condItions smce the previous zonmg became effectIve to warrant the proposed amendment to the zonmg map; and (4) That the proposed amendment to the zomng map will be in the mterest of furtherance of the public health, safety, comfort, convemence and general welfare, and will not adversely affect the surroundmg neIghborhood, nor be mJurIous to other - 1 - Q'\CODEAMND\CA Zoning Changes\Rezone.DOC'NGi02!2\ '06 propert1es m the v1cimty m wh1ch the subject property 1S located. 18.84.050 Conditions on Rezone Approvals The CIty Councll shall have the authonty to 1mpose cond1tlOns and safeguards as it deems necessary to protect or enhance the health, safety, and welfare of the surrounding area, and to ensure that the rezone fully meets the findmgs set forth m TMC 18.84.030. 18.84.070 Ordinance Required Action under this chapter wh1ch amends the officml zonmg map shall require the adoption of an ordinance by the city council pursuant to the mumc1pal code and state law. Section 1 Severahility. Shpuld any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or c1rcumstance, be declared unconstitutlOnal or othenvise invalid for any reason, or should any portion of thIS Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the valIdIty of the remainmg portions OfthIS Ordmance or its applicatlOn to other persons or circumstances. SectIOn 4 Effective Date. This Ordmance shall be publIshed in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publicatIon. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF , 2006. CITY OF TUKWILA Mayor Steven M. Mullet A TIEST/ AUTHENTICATED: Jane Cantu, City Clerk Approved as to fonn: Shelley M. Kerslake, CIty Attorney - 2 - Q-\CODEAMND\CA Zoning Changes\Rezone_DOCiNGf02i2\!06 CITY OF TUKWILA WASHINGTON DR fT ORDINANCE NO. 0 AN ORDINANCE OF THE CITY OF TUK\VILA, W ASIDNGTON, AlVIENDING TlVIC 18.96.020 REGARDING ZONING INTERPRETATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE \VHEREAS, the City has determined that there is a cost associated with a code interpretation made by the Director that should be paid by the party requesting the mterpretatIOn; and WHEREAS, the City has determined that a code interpretation made by the Director should be given deference; NOW, TIIEREFORE, THE CITY COUNCIL OF THE CITY OF TUK\VILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 TMC 1 R 96 020, A mended. Tukwlla Municipal Code SectIOn 18.96.020 (InterpretatIOns) is hereby amended to read as follows: 18.96.020 Interpretations All intei pretatiom; of this title shall be nlade by the Direc.tOl or his delegate. If iequested, inteiPietations shall be reduced to writil1g and an ord{,rly retrievable iec.ord sllall be kept..An interpretation of thlS title hy the DIrector or hIs or her delegate may he requested In writing hy any person or may he imtlated hy the Director A decisIOn hy the Dlrector that an Issue is not snhJect to an interpretatIOn request shall he final and not sl1hject to admimstratlve appeal Any reqnest for InterpretatlOn shall he a Type 2 DeC1Slon filed wIth the Director accompal11erl hy a fee accorrllnr to the most recently adopted Land Use Fee Schedule. The 11lterpretatlOn of the Dlrector sha 11 he gIven sl1hstantla I \Vel~ht, and the hurrlen of estahlishlng the contrary shall he upon the appellant Section 2 Severahihty. Should any sectiOn, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portIOn of this Ordmance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the valIdity of the remammg portions of this Ordinance or itS apphcation to other persons or Circumstances - 1 - !.).:'.CUllLi.\l,\;JlC.lZnningDwlgJ.::> DRl.ll:.ml::hm:qc.uOLQ '.(00[/,,:-' r,~O\ORO'(uJd IIk'IJ.OOCfNG/1 p 1! .ili,t&ff3fe5 SectIon 3 EffectIVe Date. ThIS Ordmance shall be publIshed m the official newspaper of the City, and shall take effect and be m full force five (5) days after the date of publication. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE _DAY OF ,2005-5. CITY OF TUKWILA Mayor Steven M. Mullet A TIEST/ AUTHENTICATED: Jane Cantu, City Clerk Approved as to fonn: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the CIty Council: Date ofPublicatlOn: Effective Date: - 2- Q:.1. UDLL\[~J:LL\.ZQning.Lhaugcs OR D_,t..1l1idlllupl)11CQ TO DCA:" l?':D'.ORD.CuJd, ,[G, 1'.DOC/NG:0 " J.J16t6f63765 CITY OF TUKWILA WASHINGTON DRAFT ORDINANCE NO. 0 AN ORDINANCE OF THE CITY OF TUKWILA, "V ASHINGTON, AMENDING TUKWILA MUNICIP AL CODE SUBSECTION 18.60.030(B) RELATING Tn THE SCOPE OF AUTHORITY OF THE BOARD OF ARCHITECTURAL REVIEW AND DCD DIRECTOR TO APPROVE, APPROVE WITH CONDITIONS, OR DENY PLANS SUBMITTED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City of Tuk\vila desires to amend Tukwila Municipal Code Subsection 18.60.030(B) to provIde that the Board of ArchItectural Review ("BAR") and the Department of Community Development Director have the authonty to approve, approve wIth conditions, or deny plans submitted based on a demonstration of complIance wIth all of the guidelines of Tukwila Municipal Code Chapter 18.60, based on the preponderance of the evidence standard; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 TMr: 1 R fiO mO(R), Amended. Tuk\vlla Municipal Code Subsection 18.60.030(B) is hereby amended to read as follows: B. Projects meeting the thresholds for admmIstrative design review will be reviewed by the DCD Director. All other projects requiring design review approval will be revIewed by the BAR. The Board and the DCD Director shall have the authority to approve, approve with condItIOns, or deny all plans submItted based on a clear demonstration of complIance wIth all of the gUIdelines of this chapter~as judged by the preponderance of eVidence standard. Section 2 Severahility. Should any section, paragraph, sentence, clause or phrase of thIS OrdInance, or ItS applIcation to any person or cIrcumstance, be declared unconstItutional or otherwise invalId for any reason, or should any portIOn of thIS OrdInance be pre-empted by state or federal law or regulation, such decision or pre-emptlOn shall not affect the validIty of the remaIning portIons of thIS OrdInance or its applicatlOn to other persons or CIrcumstances. Section 1 Effective Date. This Ordinance shall be publIshed In the official newspaper of the CIty, and shall take effect and be In full force five (5) days after the date ofpubhcatIon. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF , 2006. - 1 - Q.\CODEAMND'.CA Zoning ChangesiBAR _Standard _ Ord.DOCNGf02f21 !06 RAfT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TMC 18.104.010 TO REMOVE THE CITY COUNCIL FROM CERTAIN QUASI-JUDICIAL DECISION-MAKING PROCESSES; REPEALING ORDINANCE NOS. 1768 92 (PART), 1796 93 (PART), 1841 92, 1857 9~, 2005 920, 2066 92, 2097 922, AND 2098 94; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to remove itself from certain quasi-judicial processes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC 18.104.010, Amended. Tukwila Municipal Code Section 18.104.010, Classification of Project Permit Applications, is hereby amended, to read as follows: 18.104.010 Classification of Project Permit Applications A. Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/ or a public hearing is required before a decision is made, and whether administrative appeals are provided. B. Type 1 decisions are made by City administrators who have technical expertise as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. Q.\ CODEAMND\ CA Zoning Changes\ Quasi-Judicial Ord.doc SK-PB:ksn 2/21/2006 Page 1 of 1 TYPE 1 DECISIONS TYPE OF PERMIT Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision b this Cha ter Boundary Line Adjustment, including Lot Consolidation Develo ment Permit Minor modification to BAR approved design TMC 18.60.030 Minor Modification to PRD TMC 18.46.130) Sign Permit, except for those sign permits specifically requiring approval of the Planning CommIssion or denials of sign permits which are a ealable Tree PermIt (TMC 18.54) DECISION MAKER As speCIfied by ordinance Community Develo ment Director Buildin Official Commumty Develo ment Director Community Develo ment Director Community Development Director Community Develo ment Director C. Type 2 decisIons are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Planning Commission, City Councilor, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. Q.\ CODEAMND\ CA Zoning Changes\ Quasi-Judicial Ord.doc SK-PB.ksn 2/21/2006 Page 2 of 2 TYPE 2 DECISIONS INITIAL APPEAL BODY TYPE OF PERMIT DECISION MAKER (open record appeal) AdministratIve Design Review Community Board of (TMC 18.60.030) Development DIrector Archi tectural Review Administrative Planned Short Plat Committee Hearing Residential Development Examiner (TMC 17.08.040) Binding Site Improvement Plan Short Plat Committee Hearing (TMC Chap.17.16) Examiner Code Interpretation Community Hearing (TMC 18.90.010) Development Director Examiner Decision regarding Sensitive Areas Community Planning (except Reasonable Use Exception) Development Director Commission (TMC 18.45) Exception from Single-Family Community City Council Design Standard Development Director Parking standard for use not Community Hearing specified (TMC 18.56.100) Development Director Examiner Placement of Cargo Container Community Hearing (TMC 18.50.060) Develpment Director Examiner Shoreline Substantial Community State Shorelines Development Permit Development Director Hearings Board (TMC Chapter 18.44) Short Plat Short Plat CommIttee Hearing (TMC 17.12) Examiner Sign Area Increase Community Planning (TMC 19.32.140) Development Director Commission Sign Permit Denial Community Planning (TMC Chapter 19.12) Development DIrector Commission Special Permission Parking, and Community Hearing Modifications to Certain Parking Development Director Examiner Standards (TMC 18.56.065 & .070) Special Permission Sign, except Community Planning "unique sign" (various sections of Development Director Commission TMC Title 19) D. Type 3 decisions are quasi-judiCIal decisIOns made by the Heanng Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Q'\ CODEA!\.IND\ CA Zoning Changes\ Quasi-Judicial Ord,doc SK-PB:ksn 2/21/2006 Page 3 of 3 Court, except for shoreline variances that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS TYPE OF PERMIT DECISION MAKER Resolve uncertain zone district boundary Hearing Examiner Variance (zoning, shoreline, sidewalk, Hearing Examiner land alteration, sign) E. Type 4 decisions are qu~si-judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner or the City Council, based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, which are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 4 DECISIONS INITIAL TYPE OF PERMIT DECISION APPEAL BODY MAKER (closed record appeal) Conditional Use Permit Planning City Council (TMC Chapter 18.64) CommissIOn Modifications to Certain Parking Planning Hearing Examiner Standards (TMC Chapter 18.56) CommIssion Public Hearing Design Review (TMC Board of CIty Council Chapter 18.60, 18.56.040 and Shoreline Architectural Master Program) Review Reasonable Use Exceptions under Planning City Council SensitIve Areas Ordinance Commission (TMC 18.45.180) Shoreline Conditional Use Permit Planning State Shorelmes (TMC 18.44.050) Commission Hearings Board Unique Signs Planning CIty Council (TMC 19.28.010) Commission Variance from Parking Standards Planning Hearing Examiner Over 10% (TMC 18.56.140) CommissIOn F. Type 5 decisions are quasi-judIcial decisions made by the Hearing Examiner or City CouncIl following an open record hearing Type 5 decisIOns may be appealed only to Superior Court. Q.\ CODEAi\IND\ CA Zoning Changes\ Quasi-Judicial Ord.doc SK-PB:ksn 2/21/2006 Pa ae 4 of 4 b TYPE 5 DECISIONS TYPE OF PERMIT Planned Residential Development (PRD), including Ma'or Modifications (TMC Cha ter 18.46) Rezone (TMC Cha ter 18.84) Sensitive Area Master Plan Overla (TMC 18.45.160) Shoreline Environment Redesignation (Shoreline Master Pro am) Subdivision - Final Plat (TMC 17.14.030) Subdivision - Prelimin Plat (TMC 17.14.020) Unclassified Use TMC Cha ter 18.66) DECISION MAKER Ci ty CouncIl Cit CouncIl Cit Council City Council Council Council CounCIl Section 2. Repealer. Ordinance Nos. 1768 92 (part), 1796 93 (part), 1841 92, 1857 97, 2005920,2066 92,2097922, and 209894 are hereby repealed. 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. 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 , 2006. A TIEST / AUTHENTICATED: Steven M. Mullet, lvlayor Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed wIth the City Clerk: Passed by the CIty Council: Published: Effective Date: Ordmance Number: Office of the CIty Attorney Q"\ CODEA,\IND\ CA Zoning Changes\ Quasi.Judicial Ord.doc SK-PB.ksn 2/21/2006 Page 5 of 5 rfllmmR~ L0 LfQ L~ If U Community Affairs and Parks Committee February 14, 2006 Present: Joan Hernandez, Chair; Joe Duffie, Pamela Linder. Peter Beckwith, Bruce Fletcher, Nora Gierloff, Steve Lancaster Planning Commission members Bill Arthur and Allan Ekberg 1. Fitness Center Equipment Bid. The Agenda was amended to add this item at Bruce Fletcher's request. Mr. Fletcher distributed a memorandum recommending a bid award for the purchase of fitness center equipment for the Tukwi1a Community Center In the amount of $48,098.94. He expld,ined this expenditure is included in the 2006 budget, which funds are being combined with replacement funds for 2005. This has allowed for all equipment to be replaced at one time to obtain a better price and to minimize disruption to the fitness center operations. The Committee agreed to forward this item to the next regular City Council meeting under New Business, and recommended approval. 2. Parks and Recreation Update. Bruce Fletcher provided an overview of upcoming events and activities, including the Wildlife Habitat Fair (May 13), Fanners Market (opening day May 17), and the return of Music in the Park at Bicentennial Park (dates to be detennined). He reported that the Wednesday evening musical perfonnances held last year in Cascade View Park will be combined with the Fanner's Market this year. Mr. Fletcher reported that the scope ofthe Macadam Winter Garden Project has been revised in hopes of obtaining a bid within the project budget, and further noted that staff is discussing with Sound Transit the possible use of the Macadam 'Wetlands for wetland mitigation in connection with the Link light rail project. If agreement on Sound Transit improvements to the wetlands can be reached, it may provide an opportunity to implement the original Winter Garden plans within the existing budget. Council member Linder suggested that the Department of Agriculture be contacted regarding the possibility of financial participation in the project, to partially compensate for the loss of vegetation related to Citrus Longhomed Beetle eradication efforts. Mr. Fletcher will follow-up. Mr. Fletcher reported on the recent trespass committed by Sound Transit's contractor at the Beaver Hill construction staging area. Staff is working with Sound Transit, in consultation with other interested parties, to ensure appropriate mitigation and to prevent any future occurrences. He reported in the upcoming "Golf Made Easy" marketing campaign at Foster Golf Course, the recent Senior's Infonnation Fair, and the upcoming Cascade View Summer Playground program. Information only. No action required. * Proposed Zoning Code Amendments. Nora Gierloff reviewed four proposed zoning code amendments recommended by the City Attorney and described the review process to date. The CAP previously reviewed the amendments in October 2005, and one amendment (City Council involvement in quasi-judicial matters) was referred to and C. \DOCUME-l \jane\LOCALS-l \ Temp\tvHl'rUTE-l.DOC Page 1 I DRAFT reviewed by the Committee ofthe Whole in November. The Planning Commission held a publIc hearing on January 26,2006 and adopted a recommendatIOn to approve the proposal with two modifications: that Unique Sign Permit appeals and decisions on Shoreline Environment Redesignations be decided by the CIty Council. The Committee concurred with the recommendations of the Planning Commission and referred the matter to CO\V for approval. The Committee requested that a copy of the Planning Commission minutes for this item be included in the COW agenda packet. 4. Proposed Appeal Fees. Nora Gierloff and Peter Beckwith presented the staff proposal. The Committee asked; that a comparison of appeal fees from neighboring cities and information on the cost of conducting appeal hearings be provided to the COW. Committee Chair Hernandez asked about the possibility of a waiver of appeal fees for senior citizens. Staff responded that, unlike utility payments, staff is unaware of specific statutory authority to provide such a waiver. The potential of providing a refund of code enforcement appeal fees for a prevailing party was discussed. Forward to CO\V with recommendation for approval, including a fee refund to prevailing parties for code enforcement appeals. 5. Proposed Land Use Fee Update. Nora Gierloffpresented the staff recommendations on updating land use permit fees, explaining that the fees were last reviewed in 2002. For the most part the proposed fee increases are pegged to changes to the overall city budget over that period. The resulting fees would be at or near the average for neighboring cities. In addition to this general increase to cover inflation, Ms Gierloff noted several specific proposed changes to more accurately reflect costs and to take into account changing circumstances, such as repeal of the Staged ComplIance Sign Amortization Program and anticipated public notification capabilities of our Geographic Information System. Council member Linder requested that where new or significantly increase fees are proposed, information on the cost of processing these pennits be provided. Ms. Linder also spoke in support of the proposal to modify permit fees annually, to avoid large increases in the future. Forward to CO\V with recommendation to approve. 6. Fourth Quarter 2005 Reports. At the Committee's request, Steve Lancaster provided updates on Department of Community Development 4th Quarter Significant Issues. Bruce Fletcher highlighted issues from the Parks and Recreation department. Information only. No action required. Minutes by S. Lancaster Committee Chair approval. C.\DOCUME-l \jane\LOCALS-l \Temp\vlINUTE-l.DOC Page 2 I -. ~.~ DRAFT PLANNING COlVIMISSION PUBLIC HEARING lVIINUTES JANUARY 26, 2006 The Public Hearing was called to order by Chair Bratcher at 7:00 PM Present: ChaIr Margaret Bratcher, VIce Chair Allan Ekberg, CommlsslOners, George Malma, BIll Arthur, Henry Marvm, and Lynn Peterson. Absent: Vem Meryhew Representmg CIty Staff- Nora GIerloff, Brandon Miles, MOIra Bradshaw, and Wynetta BIvens COMlVllSSIONER MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MIl\'1JTES FROM DECEMBER 8, 2005 WITH ONE CORRECTION. COMMISSIONER ARTHUR SECONDED THE MOTION; THE MOTION WAS UNANIMOUSLY APPROVED. Chair Bratcher swore m those wishmg to gIve pubhc testImony. PLANNING COMMISSION PUBLIC HEARING LOCATION: L96-0061 Paul \Vozniak Major modIficatIOn to an approved wIreless communicatIOn facilIty In 1997, the Department approved a condItional use penmt for GTE Wireless at the location. Due to the merge of AT&T Wireless with Cingular, Cingular must modify their eXIsting sItes to be able to accommodate both AT&T and Cingular customers. The applIcant is proposmg three addItIonal antennas to the existmg pole on the site. The height of the pole wIll not change. New ground eqUIpment wIll also be rnstalled for the facilIty. 16500 Southcenter Parkway CASE NUMBER: APPLICANT: REQUEST: Commissioner Arthur gave a declaratIOn. His daughter IS employed by Cmgular and he asked If anyone objected to hIm hearing the case. The applIcant had no obJectIOns. Brandon Miles gave the presentatIOn for staff. ThIS case was ongmally submItted m 1996 and it was approved for GTE Wireless to have SIX antennas on the sIte. Due to a merger, Cmgular "Wireless currently has control of the SIX antennas. Staff made the decIsIOn to work under the old applIcatIOn. Staff recommends approval of the CondItional Use Penmt as presented wIth no condItIOns Mr. Miles answered several questions for the CommIssIOners and deferred other questIOns to the applIcant. Bob Dyer, for the ApplIcant, answered questIOns. REBUTTAL: None Planning Commission Minutes January 26,2005 Page 2 of 4 There were no further comments The PublIc Heanng was closed. The Plannmg CommiSSIOn Deliberated. CONII\USSIO~'ER ARTHUR MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS, FOR A CONDITIONAL USE PERlvIIT ON CASE NUMBER L96-0061. COMI\nSSIO~TER MALINA SECONDED THE MOTION. ALL VOTED IN FAVOR. CASE NUMBER: APPLICANT: REQUEST' LOCATION: L05-075 Clearwire Clearwrre has submItted for a Conditional Use Perrmt applicatlOn to mstall two mIcrowave antennas on an existmg building at 3311 S. 120th Street. The purpose of the antennas is to provIde wireless mtemet servIce. Pursuant to WAC 197-11-800 thIS project IS exempt from SEPA revIew. 3311 S. 120th Street Commissioner Arthur gave a declaration. His daughter IS employed by Cmgular and he asked If anyone objected to h1l11 hearing the case. The applIcant had no obJectlOns. Brandon Miles gave the presentatIOn for staff. The applicant meets all reqUIrements. Staff recommended that the Plannmg CommIssIOn approve the applIcant's request as presented with no conditIOns Commissioner Arthur requested computer-generated images for clanficatIOn. Norris Bacho, for the ApplIcant, thanked Mr. Miles for gettmg theIr applIcatIOn processed very qUIckly Mr. Bacho confinned that the ClearwIre signals would not interfere wIth publIc safety signals Mr. Bacho will provide Brandon wIth photo Images so that they may be distributed to the Planning CommIssioners. Mr. Bacho answered several questlOns for the CommIssIOn. REBUTTAL: None There were no further comments. The PublIc Heanng was closed. The Plannmg CommissIOn Deliberated. COMMISSIONER EKBERG MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS, AND RECOlVIMENDATIONS, FOR A CONDITIONAL USE PERlV1IT ON CASE NUMBER L05-075. COIVIlVIISSIONER MARVIN SECONDED THE MOTION. ALL VOTED IN FAVOR. CASE NUMBER: APPLICAt'-JT REQUEST. L05-061 CIty ofTukWlla Amendments to the Zonmg Code affectmg rezone procedures, code mterpretatIOns, the DesIgn RevIew approval standard and heanng Planning Commission MlI1utes January 26, 2005 Page 3 of 4 LOCATION. bodIes for quasI-judIcIal appeals. CIty wIde Nora Gierloff gave the presentatiOn for staff. An overView was provided on each proposed zomng change and discussiOn transpIred followmg the overView. Staff IS requestmg that a pubhc heanng IS held on the proposed changes and that the Planmng CommIssiOn makes a recommendation to the City Council. A. Draft Ordinance Changing Rezone Procedures No pubhc comments The PublIc Hearing was closed. The Planmng CommIssIOn Deliberated. COMl\tllSSIONER EKBERG MADE A MOTION TO APPROVE STAFF'S FINDlL~GS, CONCLUSIONS, AND RECOMMENDATIONS, FOR CASE NUMBER LOS-061, DRAFT ORDINANCE CHA1~GING REZONE PROCEDURES. COMlVIISSIOl\TER MARVIN SECONDED THE MOTION. ALL VOTED IN FAVOR. B. Draft Ordinance Changing Code Interpretation Procedures No publIc comments. The PublIc Heanng was closed. The Planmng COmmISSIOn Deliberated. COMMISSIONER EKBERG MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS, FOR CASE NUMBER LOS-061, DRAFT ORDINANCE CHANGING CODE INTERPRETATION PROCEDURES. COlVIlVIISSIOl".'ER MALINA SECONDED THE MOTION. ALL VOTED IN FAVOR. C. Draft Ordinance Changing Design Review Approval Standard No pubhc comments. The PublIc Heanng was closed. The Plannmg COmmISSIOn Deliberated. COMMISSIONER EKBERG MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS, AND RECOMMEl'Il)A TIONS, FOR CASE NUMBER LOS-061, DRAFT ORDlL~A1~CE CHA1~GING DESIGN REVIEW APPROVAL STAl"IDARD. COlVllvIISSIONER PETERSON SECONDED THE MOTION. ALL VOTED IN FAVOR. D. Draft Ordinance Changing City Council Review of Land Use Permits Planning Commission Minutes January 26, 2005 Page4of4 Dave Fenton testified that It'S a mIstake for, "somethmg as Important as thIS, have the decIsIon laid wIth the heanng exammer, not the CIty CouncIl" REBUTTAL: None There were no further comments. The PublIc Heanng was closed. The Plannmg CommIssion Deliberated. Commissioner Arthur went on record saying, "I do represent a property owner that is considering annexation who would be affected by this." No one objected to Mr. Arthur hearing the case. COMMISSIOl\TER EKBERG MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS, AND RECOMlYlENDATIONS WITH TWO EXCEPTIONS: 1) REVERT BACK TO CITY COUNCIL, TYPE 4 APPEAL OF A Ul\TJQUE SIGN DECISIONS; 2) REVERT BACK TO CITY COUNCIL, TYPE 5 SHORELINE ENVIRONlYIENT REDESIGNATION DECISIONS. FOR CASE NUMBER L05-061, DRAFT ORDINANCE CHAt"lGING CITY COUNCIL REVIEW OF LAND USE PERi"llTS. COMlYllSSIONER lYV\RVIN SECONDED THE MOTION. ALL VOTED IN FAVOR. ELECTION OF 2006 OFFICIERS Commissioner Arthur nommated COmll11SSlOner Ekberg for Chair, CommIssIoner Malma seconded. All voted m favor. Commissioner Arthur nommated COmll11SSlOner Malma for Vice-ChaIr, CommIssIOner Marvm seconded. All voted m favor Commissioner Arthur also thanked Chair Bratcher for servmg as chaIr m 2005 At 8 30 a break was requested. Reconvened at 8 40 Director's Report . MOIra Bradshaw gave an update on the Westfield Southcenter ExpansIOn. She provIded an overvIew on numerous sIte plans dIsplayed and dIscussed tlmeframe for completIOn of the proJect. . The Plannmg CommIssIOn revIewed By-Laws and requested some reVISIOns, revIsed By-Laws wIll be submItted for approval . Meetmg adjourned at 9 10 PM Submitted by: 'vVynetta Bivens w ►LAy�� COUNCIL AGENDA SYNOPSIS o j" q Luttn /s ITEM No. 19414 's 1 _lleetrng, Date Prepared 1 llayor:I tram Connor renera u1. I 02/27/06 I SL k /jJ r//11, (t GPI ITEM INFORMATION ! CAS NUMBER. 06-022 I ORIGINAL AGENDA DATE: 2/27/06 AGENDA ITEM TITLE Appeal Fee Ordinance CATEGORY D1SC11SS10f1 Motion Resolution Ordinance Bl'Award Public Hearing Other AN Date 2/27/06 .11tg Date AN Date AN Date 2/27/06 Mfg Dertc 111g Date Jltg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal n P &R Police PTV SPONSOR'S Currently the City pays for all administrative costs associated with appeals. The proposed SUA IARY ordinance would allow the City to charge fees for appeals of business license denials, code enforcement appeals and certain land use decisions. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 2/14/06 RECOMMENDATIONS: SPONSOR /ADMIN Approve the ordinance COMMr1 'BE Approve the ordinance as amended COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0- 0 -0- Fund Source. Comments The proposed fees would offset a portion of the City's costs to conduct appeal hearings MTG. DATE 1 RECORD OF COUNCIL ACTION 2/27/06 MTG. DATE ATTACHMENTS 2/27/06 Staff Memo dated 2/21/06 Proposed Ordinance 2/14/06 CAP Minutes CITY OF TUK\VILA lVIElVIORANDUlVI TO: Mayor Mullet CommIttee ofthe Whole v/ Steve Lancaster, DCD DIrector & February 21,2006 FROM. DATE' RE: Appeal Fees Issue Whether the City should adopt fee provIsions for appeals of bus mess lIcense demals, code enforcement appeals and certam land use decIsions. Background Tukwila MumcIpal Code provIdes that a party may appeal an admmIstratIve decIsion to either the heanng examiner or the CIty. Currently the City pays for all admmIstratIve costs assocIated wIth the appeal including staff tIme, exammer fees and, when applIcable, the City's legal representatIOn. The law allows citIes to derray administratIve costs by nnposmg appeal fees. These changes \vere revIewed by the Commumty AffaIrs and Parks CommIttee on February 14, 2006. The CommIttee asked for addItIOnal informatIOn about other citIes' appeal fees and proposed that for successful code enforcement appeals only the fee would be refunded to the appellant. Discussion Attached please find a proposed ordmance, whIch mcludes fee provIsIOns for appeals of bus mess license denials, code enforcement actions and land use decIsions The busmess lIcense appeal fee IS $250. ThIS amount represents a portIOn of the CIty'S admmIstratlve costs, as estImated by the City Clerk. The code enforcement appeal fee IS $100 m the LDR zone and $200 m all other zones. The reason for the dIfference In amounts is that generally more admInIstratIve costs are Involved m non-resIdential code enforcement actIOns The land use appeal fees are specIfied m the Department of Community Development's Land Use Fee Schedule Appeal fees charged by other south county jUrISdIctIons Q: CODEA\I~DC.-\ Zoning Changes'Appeal tces to CO\V.doc"G:O~ ~ I :06 Appeal Type Burien Kent Federal Renton SeaTac Average Way Appeal of Administrative Decision $100 $200 $148 50 $75 $100 $12470 Code Enforcement/Building Code Appeal $100 $10000 SEPA Appeals $200 $104 $75 $100 $11975 Short Plat Appeal $200 $200 00 Appeal Hearing Cancellation Fee $10 $1000 Recommendation Adoption of the ordmance. -2- Q' CODE. \\ I~D C"\ Zoning Chal1ges'_-\PFa' tees to CO\\'.doc''.G 02,21 06 CITY OF TUKWILA \V ASHINGTON . ~ ~ fY ORDINANCE NO. 0 AN ORDINANCE OF THE CITY OF TUK"VILA, "V ASHINGTON, AMENDING TUK"VILA MUNICIP AL CODE SECTIONS 5.04.112, 8.45.090, 18.90.010, 18.116.010, AND 21.04.280 REGARDING APPEAL FEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City has detel111ined that there IS an admmIstratIve cost assocIated with appeals; and WHEREAS, the City has detel111med that the appealmg party should pay this cost; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLO\VS: SectIOn 1 Amended TMC ') 04 112 Adopted. Amended Tukwila Municipal Code Section 5.04.112 (Appeal of Notice of Denial, SuspensIOn or Revocation) IS hereby adopted to read as follows: Appeals from a Notice of Demal, Suspension or RevocatIOn under thIS chapter shall be conducted in the same manner as appeals from a "NotIce and Order" under TuhvIla Municipal Code Chapter 8.45. Tn addItIOn, the appeal shall he filed wIth the Clerks office alone wIth an appeal fee of$2')0 dollars Section 2 A mended TMC R 4') 090( A) Adopted. Amended TukwIla MumcIpal Code SectIOn 8.45.090(A) (Appeal to Heanng Exammer) IS hereby adopted to read as follows A. The person incurring the penalty described m a Notice of ViolatIOn Issued by the Code Enforcement Officer pursuant to TMC 8.45.050C may obtam an appeal of the Notice by requesting such appeal wIthin ten calendar days after receiving or otherwise bemg served with the NotIce pursuant to TMC 8.45.050. When the last day of the perIod so computed is a Saturday, Sunday or federal or CIty hohday, the perIod shall run until 4 30PM on the next busmess day. The request shall be in vvritmg and Include the appl1cahle appeal fee, and upon receipt of the appeal request, the Code Enforcement Office shall schedule an appeal hearmg before the Heanng Exammer. The appeal fee for a NotIce of VIOlatIOn In an LDR zone shall he $100 and In all other zones shall he S?OO The Clppeal fee sheil I he relmhursed If the appel1cmt suhstantn:Jlly prenlls 111 the appeal actIOn Notice of the hearIng shall be sent to the appellant and/or the person(s) named on the Notice of ViolatIOn under the procedures described m TMC 8 45 050D or as may be otherwise - 1 - Q'\CODEAMND:CA Zoning Changcs,Ordinance re appeal tees,DOCNG 0221"06 requested by the appealmg party. SectlOn'1 Amended TMC 1 R 90 010 Ac1opted. Amended TukwIla MUl1lCIpal Code SectIOn 18.90.010 (Appeals fi-om the DecIsion or InterpretatIOns ofthe DIrector) IS hereby adopted to read as follows. Any person aggrieved by any mterpretatIOn of thIS title by the DIrector may appeal the Director's interpretation to the Hearmg Exammer. Any such appeal shall be a Type 2 decIsion and shall be processed pursuant to TMC 18 108.020. At the tllne the 8ppe81ls filed, the 8ppeahn2: party sh811 p8Y::ln ::Ippe81 fee pmsl18nt to the fee schedule Section 4 Amended TMC 1 R 11601 O(A) Adopted. Amended Tukwila MUl1lCIpal Code Section 18.116.01 o (A) (Time for FilIng Appeal) IS hereby adopted to read as follows: A. Except for shorelme penmts whIch are appealable to the state Shorelmes Heanngs Board, all notIce of appeal of Type 2 land use declSlons and Type 4 decIsions made by the Board of ArchItectural RevIew or Planl1lng CommIssIOn shall be filed wIthm 14 calendar days from the date of issuance of the NotIce of DeclSlon ::Ilone wIth ::In appe81 fee pmsl18nt to the fee schedule; provIded that the appeal penod shall be extended for an additIOnal seven calendar days Ifthe project involves anyone or more of the followmg situatIOns: 1. There is another agency wIth jurisdictIOn as defined m WAC 197-11-714(3). 2. The project mvolves the demolItion of any structure or facilIty that IS not categorIcally exempt under WAC 197-11-800(2)(f) or 197-11-880. 3. The project involves a cleanng or gradmg permIt not categoncally exempt under WAC 197-11 - 800 through 197-11-880. 4. A MItigated Determmation ofNonsIgl1lficance was Issued for the project pursuant to WAC 197- 11-350. 5. A Declaration of SIgmficance for the project has been wIthdrawn pursuant to WAC 197-11-360(4) and replaced by a Declaration ofNonsigl1lficance. SectIon') Amended TMC 21 042RO(A) Adopted. Amended TukwIla MUl1lCIpal Code Section 21.04.280(A) (Appeals) IS hereby adopted to read as follows' A. In the event that the Department issues a MItigated DetermmatlOn of Non- SIgmficance (MDNS), any party of record may file an appeal challengmg eIther the condItIOns whIch were Imposed or the fmlure of the Department to Impose addItIOnal condItIons. At the tIme the ::Ippeal IS filed. the ::Ippe8lmg pmiy sh::ll1 P8Y ::In appeal fee pmsu::Int to the fee schedule No other admmIstratIve SEP A appeal shall be allowed. Section 6 Sever8hlhty. Should any sectIOn, paragraph, sentence, clause or phrase of thIS Ordinance, or ItS applIcation to any person or CIrcumstance, be declared unconstItutIOnal or otherwise mvalid for any reason, or should any portion of this Ordmance be pre-empted by state or federal law or regulation, such decisIOn or pre-emptIOn shall not affect the valIdIty of the remammg portions of thIS Ordmance or ItS applIcatIOn to other persons or CIrcumstances - 2- Q-,CODEAMND'.CA Zoning Changes'.ordinance re appeal fccs_DOUNG02 21 '06 SectIOn 7 EffectIve Date. This Ordmance shall be pubhshed m the officIal newspaper of the CIty, and shall take effect and be m full force five (5) days after the date ofpubhcatlOn. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF , 2006. CITY OF TUKWILA Mayor Steven M. Mullet A TTESTI AUTHENTICATED: Jane Cantu, City Clerk Approved as to form: Shelley M. Kerslake, CIty Attorney Filed with the CIty Clerk: Passed by the CIty Council: Date of PublicatIOn: EffectIve Date: "I - .) - Q''.CODEAivIND'.CA Zoning Changes\Ordinance re appeal fees.DOCiNGi02 '21 :06 Community Affairs and Parks February 14, 2006 Page 2 _- ". reviewed by the Committee of the Whole in November. The Planning Commission held a public hearing on January 26, 2006 and adopted a recommendation to approve the proposal with two modifications: that Unique Sign Permit appeals and decisions on Shoreline Environment Redesignations be decided by the City Council. The Committee concurred with the recommendations of the Planning Commission and referred the matter to COW for approval. The Committee requested that a copy of the Planning Commission minutes for this item be included in the COW agenda packyt. * 4~ Proposed Appeal Fees. Nor~ Gierloff and Peter Beckwith presented the staff proposal. The Committee asked\that a comparison of appeal fees from neighboring cities and information on the cost of conducting appeal hearings be provided to the COW. Committee Chair Hernandez asked about the possibility of a waiver of appeal fees for senior citizens. Staff responded that, unlike utility payments, staff is unaware of specific statutory authority to provide such a waiver. The potential of providing a refund of code enforcement appeal fees for a prevailing party was disyussed. Forward to COW with recommendation for approval, including a fee refund to prevailing parties for code enforcement appeals. (. ' 5. Proposed Land Use Fee Update. Nora Gierloffpr~sented the staff recommendations on updating land use permit fees, explaining that the fees were last reviewed in 2002. For the most part the proposed fee increases are pegged to changes to the overall city budget over that period. The resulting fees would be at or near the average for neighboring cities. In addition to this general increase to cover inflation, Ms Gierloff noted several specific proposed changes to more accurately reflect costs and to take into account changing circumstances, such as repeal ofthe Staged Compliance Sign Amortization Program and anticipated public notification capabilities of our Geographic Information System. Council member Linder requested that where new or significantly increase fees are proposed, information on the cost of processing these permits be provided. Ms. Linder also spoke in support of the proposal to modify permit fees annually, to avoid large increases in the future. Fonvard to COW with recommendation to approve. 6. Fourth Quarter 2005 Reports. At the Committee's request, Steve Lancaster provided updates on Department of Community Development 4th Quarter Significant Issues. Bruce Fletcher highlighted issues from the Parks and creation department. Information only. No action required. Minutes by S. Lancaster 1 )...,/ S'f-\"'- 6 Committee Chair approval. C:\DOCillvIE-l \jane\LOCALS-l \Temp'u'vIINUTE-l.DOC Paae 2 I '=' COUNCIL AGENDA SYNOPSIS 11LA, LyT SD J Luna /s ITEM NO. 1 2' lleetu Date I Prepared Gp Mayor li Imeu' I Counal rei rew u3d 'O= I 02/27/06 1 SL i t t y �CSL� 1 t ITEM INFORMATION CAS NUMBER: 06-023 I ORIGINAL AGENDA DATE: 2/27/06 AGENDA ITEM TITLE Land Use Permit Fee Schedule CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating (i Other llig Date 2/27/06 Mfg Date lltg Date \ltg Date lltg Date Mtg Date lltg Date 1SPONSOR Council m Adm Sues DCD Finance Fire Legal P6R Police PTV SPONSOR'S The Council last adopted a Land Use Permit Fee Schedule in 2002. Staff has since identified SUAIMARY some additional items that should be added to the list and is recommending that the fees be updated to reflect increased City costs. REVIEWED BY COW Mtg CA &P Cmte 1 F &S Cmte Transportation Cmte Utilines Cmte Arts Comm. Parks Comm. E Planning Comm. DA'I'S. 2/14/06 RECOMMENDATIONS: SPONSOR /ADMIN Approve the schedule COMMITTEE Approve the schedule COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0- -0- -0- Fund Source Comments The proposed fees reflect increased City costs as reflected in overall budget growth. MTG. DATE 1 RECORD OF COUNCIL ACTION 2/27/06 MTG. DATE 1 ATTACHMENTS 2/27/06 I Staff Memo dated 2/21/06 2/14/06 CAP Minutes I I I I( IVI E M 0 RAN D U IVI FROM RE: DATE: Mayor Mullet Community Affairs and Parks Committee ~ Steve Lancaster, DCD Dir~ctor ~ Proposed Land Use Fee Update J February 21, 2006 TO: ISSUE The Council adopted a Land Use Fee Schedule m 2002. Staff has smce identified some additional items that should be added to the list and is recommending that the fees be updated to reflect mcreased City costs. BACKGROUND Tukwila's land use permit fees have not increased smce 2002. At that pomt we set our fees to be at or below the average charged by our south Kmg County neighbors. Burien, Kent, Federal Way, Renton and SeaTac. Since then Federal Way, which mcreases all of itS fees by a certam percentage each year, is the only jurisdictiOn to have raised itS fees. In calculating this average we tried to compare "apples to apples," but we also found that there were many different approaches to fee calculation. Most jurisdictiOns used systems more complex than Tubvila's flat fee approach, for example: o Burien's flat fee acts as a retainer with any staff time over a certain number of hours charged back to the applIcant at $65 per hour. The cost of any special studies is also passed through to the applicant. o Many ofSeaTac and Federal Way's fees are calculated on a slidmg scale based on either square footage or value of construction. o When two or more applicatiOns for a project are processed together Kirkland and Renton charge the full amount for the highest fee and reduce the associated permit fees by 50%. However on average Kirkland's fees were sigmficantly higher than those charged m the south County. Q -\COD EAMN D\F ees.F eell pdateCO \V _ DOC Page I 02/21/2006 3 47 PfvI DlSCUSSlON Staff is recommending that TukwIla's permIt fees be Increased by the amount TukwIla's overall budget has grown In the past three years, approxImately 4% annually, rounded to the nearest $5. This would stIll be at or near the average of our neighborIng JUrISdIctIOns Staff IS also recommending that we start charging fees for accessory dwelling Ul1It approvals, appeals of Type 2 and 4 permIts, appeals of mItIgated SEP A determinatIOns, code Interpretations, shoreline exemption letters, publIc notice mailings and major modificatIOns of desIgn reVIew approvals Currently we do not charge a fee for most appeals even though they reqUIre a consIderable amount of staff tIme, postage fees and In some cases heanng examiner fees, see separate ordinance. The average cost for a hearing exammer meetmg IS $400-500, whIle we are only proposing fees of $100 for LDR and $200 for all other zones. ThIs IS a nominal charge but may help to discourage frivolous appeals. Discussion of Specific Changes . Reducing the fee for an appeal of a sIgn code decIsion from $500 in all zones to the $100 or $200 fee charged for other types of appeals The $500 fee was put m the code as part of the amortization program for non-conforming signs that was subsequently repealed. . Adding a $455 fee for a major modIficatIOn to a design reVIew approval because it requires public notice and a new Board of Architectural ReVIew heanng. Charging a fee for thIS approval reflects the dIrect costs for notification as well as staff time. . Increasing the fee for a reasonable use exception, to make It comparable m cost to a vanance that also requires notice and a public hearing. A reasonable use exception allows a property owner with a site that is so constramed by wetlands or watercourses that there is no reasonable use of the site to seek exceptIOns to the SensItive Areas Ordmance. These decisions can be complex, reqUIring expert testImony and the weighing of various alternative proposals. . Changes to the zoning of a parcel or area (Zoning Map changes) reqUIre an accompanymg change to the ComprehensIve Plan. In the past we have only charged the higher ($1,500) rezone fee for both applIcatIOns. Smce we actually treat these as two separate applications we propose to lower the rezone fee to $570 and also charge the Comprehensive Plan Amendment fee of$1,135. The total cost for a rezone would then be $1705. . Adding a one-tIme fee for approval of an accessory dwelling Ul1It (mother-m-Iaw apartment). This wIll allow us to track legal units for code enforcement purposes . GiVing applIcants the optIOn to have the City generate their publIc notice maIlmg labels for a fee. We can use the new CItyGIS program to create these. Q.,co D EA 1\'1" D\F ees\F eeUpdateCO \V .DOC Pag~ :2 02/21/20063 47 PM Future Updates Redmond, Kirkland and Federal \Vay update their fees on an annual basIs so that they stay cunent wIth City expenses. The CouncIl may want to consIder an automatic fee mcrease tIed to the CIty budget, rounded to the nearest $5. RECOMMENDATION ReVIew the proposed fee schedule, provIde Staff wIth policy direction about the fee changes and forward the proposal to the full CouncIl. Q'CODEA;\INFFees\FeeUpdateCO\\ .DOC Page 3 0212]/20063 47 PM Type 1 Type 2 NG Existing Permit 4% Annual Fees Increase Proposed Fees All All All other other other LOR Zones LOR Zones LOR Zones IAppeal ot I ype 1 Decision $50 $100 57 114 $100 $200 Boundary Line Adjustment $250 $450 284 511 $285 $510 Lot Consolidation $75 $150 85 170 $85 $170 ; Permanent Sign Permit $100 $100 114 114 $115 $115 Temporary Sign Permit $50 $50 57 57 $55 $55 Tree Permit and Exceptions (TMC Fee is specified at 18.54.140) $25 $25 TMC 1854100 $25 $25 Administrative Design Review $400 $400 454 454 $455 $455 Administrative Planned Residential Development $500 New 568 $570 $570 Appeal of Tvpe 2 Decision New New $100 $200 Appeal of Sign Code Decision $500 $500 568 568 $100 $200 Binding Site Improvement Plan NA $1,000 1136 $1,135 $1,135 Code Interpretation New New $100 $100 Environmentally Sensitive Areas Deviation (TMC 18.45.080 and .100) $200 $300 227 341 $225 $340 Exception from Single Family Desiqn Standard New NA $225 NA Shoreline Substantial Development Permit $2,000 $2,000 2271 2271 $2,270 $2,270 Short Plat (2-4 lots) $500 $1,000 568 1136 $570 $1,135 Short Plat (5-9 lots) $1,000 $1,000 1136 1136 $1,135 $1,135 Special Permission Cargo Container (TMC 18.50.060) $200 $300 227 341 $225 $340 Special Permission Landscape Requirement Deviations (TMC 18 52.020) $200 $300 227 341 $225 $340 l~peClal permiSSion Parking and Modifications to Certain Parking Standards (TMC 18.56 065 & ,070) $200 $300 227 341 $225 $340 FeeSchedule 02/21/2006 Type 3 Type 4 Type 5 Other NG Existing Permit 4% Annual Fees Increase Proposed Fees All All All other other other LOR Zones LOR Zones LOR Zones l::,peClal permission ::'Ign ana ::'Ign Area Increasel except "unique sign" (various sections of TMC title 19) $200 $300 227 341 $225 $340 Variance $600 $1,000 681 1136 $680 $1,135 Appeal of Type 4 Decision \ New New $100 $200 Conditional Use Permit (including Shoreline CUP) $2,000 $2,000 2271 2271 $2,270 $2,270 Public Hearing Design Review $1,400 $1,400 1590 1590 $1,590 $1,590 Design Review Maior Modification New New $455 $455 Parking Variance, Modification or Waiver (TMC 18.56.130, .140) $200 $300 227 341 $225 $340 Reasonable Use Exception (TMC 18.45.180) $200 $300 227 341 $680 $1,135 Unique Sign Determination (TMC 19.28.010) $200 $300 227 341 $225 $340 Comprehensive Plan Amendment $1,000 $1,000 1136 1136 $1,135 $1,135 $2,500 + $2,500 + $2815 + 1$2815 + 1$2815 + $2815 + $100/new $100/new $115/ne $115/new $115/new $115/new Planned Residential Development unit unit w unit unit unit unit Kezone (Map cnange) or Zoning Code Text Amendment $1,500 $1,500 1704 1704 $570 $570 $3,000 + $3,000 + $3,375 + $3,375 + $3,375 + $3,375 + Subdivision Preliminary Plat(10+ $100/new $100/new $115/ne $115/new $115/new $115/new lots) unit unit w unit unit unit unit $1,000 + $1,000 + $1,135 + $1,135+ $1,135 + $1,135 + $50/new $50/new 60/New 60/New 60/New 60/New Subdivision Final Plat (10+ lots) unit unit unit unit unit unit Sensitive Area Master Plan Overlav New New $1,135 $1,135 Shoreline Environment Redesignation New New $1,135 $1,135 Unclassified Use Permit $2,000 $2,000 2271 2271 $2,270 $2,270 Accessorv Dwelling Unit Approval New NA $100 NA Preapplication Meeting $2001 $2001 227 227 2251 2251 Public Notice Mailing New New $100 $100 FeeSchedule 02/21/2006 Existing Permit 4% Annual Fees Increase Proposed Fees All All All other other other LOR Zones LOR Zones LOR Zones SEPA Checklist $500 $500 568 568. $570 $570 SEPA EIS Administrative Fee $1,000 $1,000 1136 1136 $1,135 $1,135 SEPA MDNS Appeal New New $100 $200 SEPA Planned Action \ NA $250 284 NA $285 Shoreline Permit Exemption Letter New New $0 $115 Zoning Letter $0 $100 0 114 $0 $115 1 Preapplication fee credited toward applications submitted within 90 days NG FeeSchedule 02/21/2006 Community Affairs and Parks February 14, 2006 Page 2 _.......~'. reviewed by the Committee of the Whole in November. The Planning Commission held a public hearing on January 26,2006 and adopted a recommendation to approve the proposal with two modifications: that Unique Sign Pennit appeals and decisions on Shoreline Environment Redesignations be decided by the City Council. The Committee concurred with the recommendations of the Planning Commission and referred the matter to COW for approval. The Committee requested that a copy of the Planning Commission minutes for this item be included in the COW agenda pack~t. 4.- Proposed Appeal Fees. Nor,!- Gierloff and Peter Beckwith presented the staff proposal. The Committee asked\that a comparison of appeal fees ITom neighboring cities and infonnation on the cost of conducting appeal hearings be provided to the COvV. Committee Chair Hernandez asked about the possibility of a waiver of appeal fees for senior citizens. Staff responded that, unlike utility payments, staff is unaware of specific statutory authority to provide such a waiver. The potential of providing a refund of code enforcement appeal fees for a prevailing party was disc;:ussed. Forward to COW with recommendation for approval, including a fee refund to prevailing parties for code enforcement appeals. ......\1 5. Propo.sed Land Use Fe~ Update. ~o:a Gierloff p~sented the staf~ recom.mendations '1' on updatmg land use permIt fees, explaImng that the fees were last revIewed In 2002. For the most part the proposed fee increases are pegged to changes to the overall city budget over that period. The resulting fees would be at or near the average for neighboring cities. In addition to this general increase to cover inflation, Ms Gierloff noted several specific proposed changes to more accurately reflect costs and to take into account changing circumstances, such as repeal ofthe Staged Compliance Sign Amortization Program and anticipated public notification capabilities of our Geographic Infonnation System. Council member Linder requested that where new or significantly increase fees are proposed, infonnation on the cost of processing these pennits be provided. Ms. Linder also spoke in support of the proposal to modify permit fees annually, to avoid large increases in the future. Forward to CO'V with recommendation to approve. 6. Fourth Quarter 2005 Reports. At the Committee's request, Steve Lancaster provided updates on Department of Community Development 4th Quarter Significant Issues. Bruce Fletcher highlighted issues fr the Parks and Recreation department. Information only. No action required. Minutes by S. Lancaster /' c>t.K Committee Chair approval. (j C:\DOCUNIE~ 1 \jane\LOCALS~ 1 \Temp\1\tIINUTE~ 1.DOC Page 2 I COUNCIL AGENDA SYNOPSIS .141LA, GY` c� 4� y 5 Lutrals ITERI NO. t :Z A i Meeting Date Prepared by, 1 Mayor' renew 1 council renew u (1) s 1 02/27/06 RSB l I A.4A.4,6, I i -'f+ 3 v 1 1 1 1 1 1 ot ITEM INFORMATION CAS NUMBER: 06-024 I ORIGINAL AGENDA DATE: 2/27/06 AGENDA ITEM TITLE Uniform Plumbing Code International Fuel Gas Code Enforcement CATEGORY Discussion Motion Resolution Ordinance n Bid Award Public Hearing Other rlltg Date 2/27/06 Mfg Date Alt; Date lltg Date Mig Date Mtg Date lI./g Date I SPONSOR Council ma Adni Svcs DCD Finance n Fire Legal n P &R 1 1 Police 2117 SPONSOR'S Proposal to replace Public Health Seattle /King County as the authority having jurisdiction SUMMARY for enforcement, permitting and inspections of plumbing and fuel gas installations within the City of Tukwila. REVIEWED BY COW lMItg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 1/10/06 RECOMMENDATIONS: SPONSOR/ADMIN. Approve proposed ordinance CO »1II Forward to COW for approval COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source. BUILDING DIVISION 2006 BUDGET Comments I MTG. DATE 1 RECORD OF COUNCIL ACTION 1 2/27/06 MTG. DATE ATTACHMENTS 2/27/06 Memo to Committee of the Whole Draft ammendments to T.M.C. Chapter 16.04 1/10/06 CAP Minutes City of Tukwila Steven M. Mullet, Mayor Department o/Community Development Steve Lancaster, Director MEMORANDUM To: Committee of the \Vhole C.C. Steve Lancaster From: Bob Benedicto Date: February 21, 2006 Re: Umform Plumbmg Code, and InternatIOnal Fuel Gas Code Enforcement. Issue: Proposal to replace Public Health-Seattle/Kmg County (PHSKC) as the Authority having jurisdictIOn for enforcement, peffi1ittmg and mspections of plumbing and fuel gas installations within the CIty of Tukwlla. BACKGROUND In 1964, the City Council authorized the Mayor to enter a health services agreement with the governing bodies of the Seattle-King County Department of Public Health (Known today as Public Health-Seattle & King County, PHSKC). In conjunction with this action, the City appointed the Director of Seattle-King County Department of Public Health as the health officer of the City. PHSKC is the authority having jurisdiction for plumbing and fuel gas piping work in the City of Seattle, unincorporated King County, and the incorporated cities of Beau Arts, Clyde Hill, Hunts Point, Medina, Yarrow Point and Tukwila. All other incorporated cities of King County enforce, collect fees, issue permits, and inspect plumbing and gas service piping work within their respective jurisdictions. 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206.431-3670 · Fax: 206-431-3665 Plumbing & Fuel Gas Code Page 2 DISCUSSION Assuming responsibility for plumbing and gas-piping permits and inspections within Tukwila would have the following benefits 1) Eliminate the need to deal with an authority outside of the city for plumbing and fuel gas piping permits. 2) Revenue collected for these permits will be collected by and remain in the City 3) Plumbing rough in inspections can be accomplished in conjunction with the required framing inspection thereby eliminating the need to coordinate building inspection requests with one other agency 4) All development permits (with the exception of electrical permits) will be available at the Department of Community Development - Permit Center. Attached for your review is a "marked-up" version of Chapter 16 04, Tukwila Municipal Code, showing proposed changes in "Strike-through" and underlined format. These changes would accomplish the following: 1) Relieve Public Health Seattle-King County of authority to hear and determine all matters subject to appeal as specified in the plumbing code 2) Establish the City of Tukwila Board of appeals as the authority to hear and rule on appeals to the Plumbing and Fuel gas codes. 3) Designate the Building Official as the authority having jurisdiction for the Uniform Plumbing Code and the International Fuel Gas Code for the City of Tukwila. 4) Adopt permit fee schedules for the Uniform Plumbing Code and the International Fuel Gas Code including provisions for refunds for plan reviews and permit fees. 5) Adopt Appendix D, of the Uniform Plumbing Code to provide design standards for storm water drainage systems for buildings. 6) Adopt Appendix G, of the Uniform Plumbing Code to provide design standards for Grey water systems for single family dwellings. 7) Adopt Appendix H, of the Uniform Plumbing Code to provide recommended procedures, and installation of commercial kitchen grease interceptors. Plumbing & Fuel Gas Code Page 3 Staff Requirements: Building Division authorized staff consists of a Building Official, three building inspectors, and two plan examiners. The third inspector position remains open (The previous inspector resigned) and the staff request for this position has been submitted. The successful applicant would be a journey level inspector with a plumbing inspector certification from I.AP.M.O. or combination inspector certification from I.C C. A vehicle, existing desk space land telephone is available for the third inspector. A cellular phone will have to be reactivated and minor supplies will be required. The majority of plumbing permits will be issued over the counter. Plans, calculations, diagrams and other data will only be required for new commercial buildings and where such information is necessary to obtain compliance within the code. This determination will be made on a case by case basis, by the Building Official and should have little effect on the workload of the plan review or permit coordination staff The permit center staff is currently adequate to handle the intake of plumbing permit applications and the issuance of said permits Alternatives: The primary alternative to the recommended change would be maintaining the current situation with Public Health Seattle-King County. RECOMMENDATION Forward to City Council for approval. ATTACHMENT Draft 1. M. C. amendments to Chapter 16.04 to include permit fee schedules for plumbing and fuel gas piping permits. Chapter 16 04 BUILDING CODE SectIOns: 16 04 010 Purpose of Chapter 16.04 020 Codes Adopted 1604030 FIlmg of Copies of State Buildmg Codes 1604.040 ComplIance with Other RegulatIOns as PrereqUIsite for Buildmg Perrruts 16.04.050 Buildmg Movmg and DemolItiOn Permits 16.04060 Application for RelocatiOn/DemolItiOn Permit 16.04070 Correction of Defects Before Issuance of Permit 1604080 Terms and Conditions ofI~suance 1604090 ApplIcation Fee 16 04.100 DebrIs and ExcavatiOns 1604.110 ExpiratiOn 1604.120 Relocation Bond - ReqUIred 1604.130 Relocation Bond - ConditIOns 1604.140 RelocatIOn Bond - Default in Performance of Conditions 1604.150 RelocatIOn Bond - Refund of Surplus on Termination 16 04 160 Washmgton State Energy Code Adopted 16 04 170 AdditiOnal Requirements for Security Devices 16.04.180 Definitions 16 04 190 Enforcement - RIght of Entry 16.04.200 AdoptiOn of County Ordmance 451 16.04.210 AdoptIOn of County Health RegulatIOns 16.04.220 Enforcement Officer DesIgnated 1604.230 Fee Payment 16 04.240 Abatement of Dangerous Bui1dmgs by City 1604.250 Schedule of PermIt Fees 16.04 010Purpose of Chapter TMC Chapter 16 04 is enacted for the purpose of adoptmg rules and regulatIOns for the protectIOn of the health, safety and general welfare of the public governmg the creation, constructiOn, enlargement, conversion, alteratIOn, repair, occupancy, use, height, court area, samtatiOn, ventIlatiOn and mamtenance of all buildings and structures withm this jUrISdictiOn. (Ord. 1842 92 (part), 1988) 16.04.020Codes Adopted EffectIve July 1,2004, the following codes are adopted by reference as if fully set forth. 1. The InternatIOnal Buildmg Code 2003 Edition, and referenced standards hereto as pubhshed by the International Code Council, Inc, and as adopted by the State of Washmgton m WAC 51-50-003 The followmg AppendIces are specifically adopted. a. Appendix C, Agricultural Buildings. b. Appendix E, Supplementary AccessibilIty ReqUIrements, SectiOns 10 1 through 106 c. Appendix I, Patio Covers. d. SectiOn 101.2 of the InternatiOnal Buildmg Code, 2003 EditiOn, is amended to mclude ExceptiOn 3' Work perfon11ed by the City ofTukwila and located m CIty of Tukwlla rIght-of-way, work perfon11ed by Washmgton State Department of TransportatiOn and located m WSDOT right-of-way to mclude publIc utilIty towers and poles, mecharucal eqUIpment not specifically regulated III this code, and hydraulIc flood control structures. Structures or buildmgs that are mtended to be used as any occupancy classIficatiOn of the State BUIldmg Code are not exempt. 1 e. SectlOn 101.4 1 provIsIOns of the I CC electrIcal code are not adopted. f. SectIOn 113 4 IS amended to include. "The vlOlatlOn of any provIslOn, or faIlure to comply wIth any of the reqUIrements of tllIS chapter, shall be subject to the terms and condItlOns of TMC Chapter 8 45 " 2. The InternatlOnal ResIdentIal Code (for One-and Two FamIly Dwellmgs), 2003 EdItlOn, pub- lIshed by the InternatlOnal Code CouncIl, Inc., Chapters 25 through 42, Plumbmg and Electrical provIsions of the IRC, are not adopted. 3.-o-The Umform Plumbmg Code and the Umform Plumbmg Code Standards, 2003 EdItlOn, published by the InternatlOnal AssocIatlOn of Plumbmg and Mechamcal OfficIals, and as adopted by the State of Washington m Chapters 51-56 WAC ProvIded that Chapters 12, Fuel PIpm!!, and Chapter 15, FIre Stop Protection of thIS code are not adopted. ProvIded further, that those reqUIrements of the Uniform Plumbin!! Code relatmg to ventmg and combustIon aIr of fuel fired appliances as found in Chapter 5 and those portions of the Code addressmg buildmg 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 ConstructlOn Standards",and shall be permItted,mspected and approved by Tukwila PublIc Works Department. The City of Tukwila shall have a board of appeals to hear and rule on Plumbm!! Code appeals, and as adopted or amended by Kmg County, whIch Kmg County Code IS hereby mcluded by refcrcncc. Thc Seattle King County Plumbing Board of f~ppeals IS hercby authorIzed to hear and determme all matters subJcct to appeal as specIfied in such Code The CIty of Tukwila hereby adopts the follovnng amendments to the Uniform Plumbmg Code as adopted In TMC 16.04.020. a. All reference to and defimtlOn of "AuthorIty Havmg JUrISdIctlOn" is deemed to refer to and shall mean the "Building Official". b. UPC Section 103.4.5. L The Buildin!! OfficIal may authorIze the refundin!! of any fee paid hereunder whIch was erroneously paId or collected. c. UPC Section 103.4.5.2: The Buildmg OfficIal may authorIze the refund of not more than 80% of the permIt fee when no work has been done under a perImt Issued m accordance wIth thIS code. d. UPC Section 103.4.5.3, The BUlldmg OfficIal may authorize the refund of not more than 80% of the plan review fee paId, when an applIcatIon for a perImt for whIch a plan reVIew fee has been paId IS withdrawn or canceled before any plan reVIew effort has been expended. e. AppendIx D, Sizing storm water draInage systems. pertammg to roof dramage IS hereby adopted. f. AppendIx G, Grey water systems for single-family dwellmgs, IS hereby adopted. g. AppendIx H. Recommended procedures for deSI!!n, constructlOn, and mstallatlOn of commercIal kItchen grease interceptors. 4 The InternatlOnal Mechanical Code, 2003 EdItIOn, as publIshed by the InternatlOnal Code CouncIl, Inc. confcrence of Buildmg OfficHlls, and as adopted by the State ofWashmgton m Chapter 51- 42 WAC 5 The 2001 Washmgton State Energy Code (Chapter 51-11 WAC) ~The Washmgton State VentIlatIon and Indoor AIr QualIty Code, 2003 EdItlOn. ~ The InternatIOnal Fuel Gas Code, 2003 EdItIOn, publIshed bv the InternatIOnal Code Council, Inc. IS herebv adopted" ProvIded that the standards for lIquefied petroleum !!as mstallatIons shall be the 200 I edItIOn of NFP A 58 (LIquefied Petroleum Gas Code) and the 2 2002 edItiOn of ANSI Z223.l/NFP A 54 (NatiOnal Fuel Gas Code). ProvIded fUliher that the foIl OWIng amendments shall apply. a). All references to and definitIOn of "Code OfficIal" IS hereby deemed to refer to and shall mean the "BUIldIng OfficIal". 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. _COrd. 2048 g 1, 2004; Ord. 1842 g2 (part), 1988, Ord. 1838 g12, 1998) 16 04.030 FIlmg of CopIes of State BUlldmg Codes The CIty Clerk of the City shall mamtain on file not less than one copy of the codes referred to m TMC 16.04020 and 16.04.160, and the codes shall be open to public mspectIOn. (Ord. 2048 ~2, 2004, Ord. 1842 ~2 (part), 1988) 16.04.040 ComplIance with Other Regulations as PrerequisIte for BUlldmg PermIts No building pennit shall be issued if the construction authorized by the pennIt will violate any existmg applicable law or City ordinance. (Ord. 1842 92 (part), 1988) 16.04 050Buildmg, Movmg and DemolItIOn Pennits A. No person shall move any existing bUlldmg or structure withm or into the CIty wIthout first obtaining from the Buildmg DIVISIOn a relocation permIt and a bUlldmg pennlt. No person shall effect any demolition of any buildmg or structure or any part thereof whIch IS not exempted by Section 105.2 of the InternatIOnal BUlldmg Code without first obtainmg from the Buildmg DivIsion a demolItion pennit. B Except as otherwise provided m TMC 16.04.050, there shall not be Issued a relocatIOn pennIt for any bUIldIng or structure whIch IS mcluded 'wlthin anyone or more of the folloWIng categones: 1. So constructed or In such condItiOn as to constitute a danger of injury or death through collapse of the buildIng, fire, defects, and electrical wiring or other substantIal hazard to the persons who occupy or enter saId buildIng after relocatiOn, 2. Infested wIth rats or other vermIn, or the wood members of whIch are Infested wIth rot, decay or insects, 3. So unsanItary or filthy that It would constitute a hazard to the health of the persons who WIlI occupy SaId bUIldIng after relocatiOn, or, If not Intended for occupancy by human beIngs, would make It unsUItable for ItS Intended use, 4. In such conditiOn or of a type, character, SIze or value, and IS so InharmonIous wIth other bUIldIngs In the neIghborhood of the relocatiOn sIte that placIng the buildIng at the proposed relocatiOn site would substantially dimInIsh the value of other property or Improvements In the dlstnct into whIch the bUIldIng is to be relocated, 5 The proposed use of the buildIng IS prohibIted at the proposed relocatIOn sIte under any zonIng ordInance or other land use ordInance of thIS CIty; 6 The buildIng, structure or relocatIOn sIte does not conform to all applIcable provIsIons of law or ordInance. (Ord. 2048 *3, 2004, Ord. 1842 ~2 (part), 1988) 3 16 04.060ApplicatIOn for RelocatIOn/DemolItIOn Permit Every applIcation for a relocatIOn/demolitIOn permit shall be m wnting upon a form furnished by the Buildmg DIvIsIOn, and shall set forth such mfonnatIOn as may reasonably be reqUIred m order to carry out the purposes ofTMC Chapter 16.04. Such mfonnatIon may mclude 1. Pre-move InspectIOn and InvestIgatIOn of the structure by the BUIldIng DIvIsIOn, 2 Photographs of the buildIng or structure to be moved and/or demolished, 3 Report from a lIcensed pest control contractor statmg the condItIon of the buddIng as to pest InfestatIOn; 4. Report from a regIstered engIneer or archItect statIng the structural condItIOn of the buildIng, and clearly Indlcatmg the steps to be taken to preserve/ enhance said condItIOn. (Ord. 1842 92 (part), 1988) l6.04.070CorrectIOn of Defects Before Issuance ofPenmt A. If the bUIlding or structure to be moved fails to meet any of the standards set forth m TMC 16.04.100, but it appears to the BUIlding Official that the deficiencies can be corrected, the permits shall be Issued only on conditIOn that all deficiencies be corrected pnor to the bUIldmg bemg used or occupied. B. In order to detennine any matter regarding relocatIOn of a bUIldmg or structure, the Building OfficIal may cause any mvestIgatlon to be made which he belIeves necessary (Ord. 1842 92 (part), 1988) l6.04.080Terms and CondItIOns ofIssuance A. In granting a relocation permit, the Buildmg Official may Impose such tenns and conditions as are necessary, m the opmion of the Buildmg Official, to ensure that Its relocatIOn will not be materially detrimental or mjurIous to the public safety or welfare or to the property or Improvements in the distnct to WhICh the buildmg IS to be moved, includmg, but not lImIted to, changes, alterations, additions or repairs to the buildmg or structure. B A separate foundatIOn permit, good for 90 days, must be applIed for, and approved, pnor to Issuance of the relocation penmt. (Ord. 184292 (part), 1988) l6.04.090ApplIcatIOn Fee The fee for relocatIOn investigatIOn service shall be a $25 base fee, plus $15 for every 10 mIles distance, or increment thereof, outside City lImIts In the event a bUlldmg permit IS Issued for a relocated bUlldmg, the fees for the bUIlding penmt and plan reVIew shall be based upon the total value of the bUlldmg or structure at ItS relocated site, usmg the same valuation formula as used for new residential construction. (Ord. 1842 92 (part), 1988) l6.04.l00Debns and ExcavatIOns A. It shall be the duty of any person to whom any pennit is issued for the demolItIOn or removal of any bUIldmg or any section or portIOn of any buildmg pursuant to the provIsIOns ofTMC Chapter 16.04, and of any person leasmg, ownmg, or occupymg or controllIng any lot or parcel of ground from which a bUlldmg IS removed or demolished, to remove all demolItIOn rubble and loose miscellaneous materIal from such lot or parcel of ground, to properly cap the sal1ltary sewer connectIOns, and to properly fill or otherwise protect all basements, cellars, septic tanks, wells and other excavations B An inspectIon after the work IS completed will be reqUIred. (Ord. 1842 92 (part), 1988) 4 16.04.110 EXpIratIOn A relocatIon permIt shall expIre and become null and vOId If the movmg of the bUlldmg or structure onto a permanent foundatIOn IS not completed withm 90 days from the date of Issuance of the permIt. (Ord. 1842 ~2 (part), 1988) 16.04. 120RelocatIOn Bond - ReqUIred No relocatIon pennit reqUIred by TMC Chapter 16 04 shall be Issued by the BUlldmg DIvIsIOn unless the applicant therefor first posts a bond, Il1 a fonn approved by the City Attorney, executed by the owner of the premIses where the buildll1g or structure is to be located as pnnclpal, and a surety company authonzed to do busll1ess m the State as surety. The bond shall be m fornI Jomt and several, shall name the CIty as oblIgee, and shall be m an amount equal to the cost plus 10% of the work required to be done m order to ~omp1y wIth all the condItIons of such relocatIOn penmt as such cost IS establIshed by the BUIlding OfficIal. In lIeu of a surety bond, the applicant may post a bond executed by the owner as principal and whIch IS secured by a deposIt Il1 cash m the amount specIfied above wIth a banking or escrow agent acceptable to the City, and conditIOned as required Il1 the case of a surety bond; such a bond as so secured is hereafter call a "cash bond" for the purposes of TM C 16.04. (Ord. 1842 ~2 (part), 1988) 16.04. 130RelocatIOn Bond - CondItIOns Every bond posted pursuant to TMC Chapter 16.04 shall be condItIOned as follows. 1 That each and all of the terms and condItions of the relocatIOn penmt shall be comphed wIth to the satIsfaction of the Buildmg OfficIal; 2. That all of the work reqUIred to be done pursuant to the condItIOns of the relocatIOn permIt shall be fully performed and completed wlthm the tIme hmlt specIfied m the relocatIOn permIt; or, If no tIme hmlt IS specIfied, wlthm 90 days after the date said bUlldmg IS moved to the new locatIOn. The tIme hmIt herem specIfied, or the tIme hmIt specIfied m any permIt, may be extended for good and sufficIent cause by the Buildmg OfficIal. No such extensIOn of time shall be vahd unless wntten, and no such extensIOn shall release any surety upon any bond. (Ord. 1842 ~2 (part), 1988) 16.04. 140Relocation Bond - Default in Performance of CondItIOns A. Whenever the BuIlding Official finds that a default has occurred Il1 the performance of any tenn or condItIOn of any permit reqUIred by TMC 16.04.140, wntten notIce thereof shall be gIven to the prll1cIpa1 and to the surety of the bond. Such notice shall state the work to be done, the estImated cost thereof, and the penod of time deemed by the Buildll1g OfficIal to be reasonably necessary for the completIOn of such work. After receIpt of such notIce, the surety must, wlthm the tune therem specIfied, either cause the reqUIred work to be performed or, fallmg therem, must pay over to the CIty the full amount of the approved bond. Upon receipt of such funds, the BUlldmg OfficIal shall proceed by such mode as he deems convement to cause the bUlldmg or structure to be demolIshed and to clear, clean and restore the sIte to a natural condItIon, but no lIabIlIty shall be mcurred therem other than for the expendIture of the sum m hand therefor. B When any default has occurred on the pali of the pnnCIpal under the precedmg provIsIons, the surety shall have the option, m heu of completmg the work reqUIred, to demolIsh the bUlldmg or structure and to clear, clean and restore the sIte to a natural condItIon. (Ord. l842 ~2 (part), 1988) 16 04.150Relocation Bond - Refund of Surplus on TermmatIOn The tenn of each bond posted pursuant to TMC Chapter 1604 shall begll1 upon the date of the postll1g thereof, and shall end upon completIOn to the satIsfactIon of the Buildmg OfficIal of the performance of all the terms and condItIOns of the relocatIOn permIt reqUIred by thIs sectIon and 5 release of the bond by the BUIldmg Official. Such completIOn and release shall be eVidenced by a statement thereof signed by the B mldmg Official, a copy of wluch Wlll be sent to the surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or his successors or assignees upon the tenmnatlOn of the bond, except any portIOn thereof that may have been used or deducted as provided elsewhere m TMC Chapter 16 04 (Ord. l842 ~2 (part), 1988) 16 04.160 Washmgton State Energy Code Adopted The Washmgton State Energy Code, Chapter 51-11 WAC, and all amendments thereto, is hereby adopted by this reference as if fully set forth. (Ord. 1842 ~2 (part), 1988) 16.04. 170AddltIOnal Reqmrements for Secunty DevIces The followmg reqmrements shall apply to all apartment houses, hotels, and motels, provIded that nothmg in TMC Chapter 16.04 shall be construed to relIeve any party from complIance wIth the International Buildmg Code and the InternatIOnal Fire Code. 1. Entrance doors to mdIvldual housmg umts shall be without glass openings and shall be capable of resistmg forcible entry equal to a wood, solId core door, 1-3/4 mches thick. TMC 16.04 170(1) shall apply m a structure constructed after the effectIve date of the ordmance codified m TMC Chapter 16.04 (6/24/98) Any door replaced m eXisting structures must comply with TMC 16.04 170 2. Every entrance door to an mdivIdual housmg umt shall have a keyed, smgle-cylinder, I-mch deadbolt lock. The lock shall be so constructed that the deadbolt lock may be opened from mSlde without use of a key. In hotels and motels every entrance door to an individual umt shall also be provided with a chain door guard or barrel bolt on the mside 3. Housmg unit to mtenor cOrrIdor doors shall have a visItor observatIOn port, which port shall not be m excess of 1/2-mch in diameter 4 In all apartment houses as defined m TMC 1604180, lock mechamsms and keys shall be changed upon a change oftenancy. 5 All eXIt doors shall be openable from the mtenor without the use of a key or any specIal knowledge or effort. 6 Deadbolts or other approved locking devices shall be provided on all slIdmg patio doors which are less than one story above grade or are otherwIse accessible from the outside. The lock shall be mstalled so that the mountmg screws for the lock cases are maccessible from the outside 7 Subject to approval by the ChIef of Pollee, lockmg deVIces may be substituted for those required m TMC 16.04 170, provided such devIces are of equal capabilIty to resist illegal entry, and further provided that the mstallatIOn of the same does not conflict wIth other reqUIrements of this code and other ordmances regulatmg safety for eXIt. (Ord. 2048 ~4, 2004, Ord. 1842 ~2 (part), 1988) 16.04.180 Defimtions For the purpose of TMC 16 04.170 through 16 04 190, the followmg defimtIons shall apply' 1 "Apartment hOllse" means any bUIldmg, or portIOns thereof WhICh contams three or more dwelling umts and, for the purpose OfthIS code, mcludes resIdential condommIUms. 2 "Hotel" means any buildmg contammg SIX or more guest rooms mtended or designed to be used, or which are used, rented, or hIred out to be occupied, or which are occupied for sleepmg purposes by guests. 3 "jl,tfotel" means hotel as defined m TMC 1604 180-2 (Ord. 1842 ~2 (part), 1988) 6 l6.04.l90Enforcement - Right of Entry The BUlldmg OffiCIal IS authorIzed and directed to enforce the provIsions ofTMC 1604 170 through 16.04 190 for all new construction. The Chief of Pohce IS authorIzed and dIrected to enforce the provisions of TMC 16 04.170 through 16.04 190 for all eXlstmg bUlldmgs or premises, and upon presentation of proper credentIals, the Chief ofPohce or his duly authorIzed representative may, with the consent of the occupant or pursuant to a lawfully Issued warrant, enter at reasonable times any buildmg or premises for the purposes of mspectmg the physical security of exterIor accessible openings of such bUIlding or premises. (Ord. 1842 ~2 (part), 1988) l6.04.200AdoptlOn of County Ordmance 451 Kmg County Ordmance 451 entitled "An ordinance relatmg to and regulating the design, construction, equipping, operatIOn, maintenance of spray and wadmg pools, pubhc and semi-pubhc swimmmg pools; requirIng plans and penn its estabhshing a swimming pool advisory committee; defining offenses and providmg penalties," one copy of which IS filed with the City Clerk for use and examination by the pubhc, IS adopted by reference as an ordinance of the City ofTukwIia. (Ord. 1842 92 (part), 1988) 16.04.210AdoptlOn of County Health Regulations Seattle-King County Department of Pub he Health rules and regulations for constructIOn, maintenance and operation of swimming pools, one copy of which IS filed wIth the City Clerk for use and exammation by the public, are adopted by reference as TukwIla's rules and regulations. (Ord. 1842 ~2 (part), 1988) 16.04.220Enforcement Officer Designated The director of the Seattle-King County Department ofPubhc Health or his authonzed representatIve is designated as the enforcement officer ofTMC 16.04.200 through 1604.230. (Ord. 1842 !P (part), 1988) 16.04.230Fee Payment Any fees to be paid under TMC 16.04.200 through 1604.230 shall be collected by, paid dIrectly to, and retained by the Seattle-King County Pubhc Health Department. (Ord. 1842 ~2 (part), 1988) 16.04.240Abatement of Dangerous Buildmgs by CIty A. The City Council may, upon approval and passage of an appropnate resolution or ordmance, direct the Mayor or designated representative to abate a dangerous buildmg as detennmed by the provisions ofTMC Chapter 16.04, and such dangerous bUlldmg may be abated by CIty personnel or by private contractor under the directIOn and pursuant to the order of the Plannmg Director or desIgnated representative. B. The City CouncIl shall appropriate sufficIent funds to cover the cost of such repaIr or demohtlOn work. The costs mcurred by the City m any such abatement proceedmgs shall be recovered by specIal assessment agamst the real propeliy mvolved and shall constitute a hen as provided by law, and particular reference bemg made to RCW 35.80.030 C. Nothing m TMC 16.04.240 shall be construed to abrogate or ImpaIr the power of the City or any department thereof to enforce any provision of ItS charter or ItS ordmances or regulatIOns, nor to prevent or pU!1lsh vIOlatIOns thereof, and any powers conferred by TMC 16 04.240 shall be 111 additIOn to and supplemental to powers conferred by other laws, nor shall TMC 16 04.240 be construed to ImpaIr or IBmt 111 any way the power of the City to define and declare nUIsances and to cause their removal or abatement by summary proceed111gs, or 111 any manner provided by law (Ord. l842 ~2 (pm1), 1988) 7 16.04.250Schedule ofPen111t Fees A. BUILDING PERMIT FEE SCHEDULE. Total Valuation $1 to $500 $29 Fee , $501 to $29 for the first $500, plus $3.78 for $2,000 each additional $100, or fractiOn thereof, to and mcludmg $2,000 $2,001 to $85 70 for the first $2,000, plus $25,000 $17.36 for each additional $1,000, or fraction thereof, to anp includmg $25,000 $25,001 to $484.98 for the first $25,000, plus $50,000 $12.52 for each addItIOnal $1,000, or fraction thereof, to and mcludmg $50,000 $50,001 to $797.98 for the first $50,000, plus I $100,000 $8.68 for each addItIOnal $1,000, or fraction thereof, to and includmg $100,000 I $100,001 $1,231.98 for the first $100,000, ! to plus $6.94 for each additIOnal $500,000 $1,000, or fractiOn thereof to and includmg $500,000 $500,001 $4,007.98 for the first $500,000, to plus $5.89 for each addItIOnal $1,000,000 $1,000, or fractiOn thereof, to and includmg $1,000,000 $1,000,001 $6,952.98 for the first $1,000,000, and up plus $3.90 for each addItiOnal $1,000, or fractiOn thereof i B. PLAN REVIEW FEE When submittal documents are reqUIred by mc SectiOn 106.1, or IRC SectiOn Rl 06.1, a plan reVIew fee shall be paid at the tIme of submIttmg plans and specIfications for review The plan review fee shall be 65% of the permIt fee as set forth m the permIt fee schedule. The plan reVIew fee specified herem IS a separate fee from the permIt fee and IS in addition to the permit fee. C. OTHER FEES 1 InspectIOns outsIde nonnal busmess hours $58 per hour (two-hour mmllnum charge) 2. Re-mspectlOn fee $58 per hour, assessed upon call for thlfd mspectlOn of same COlTectlOn notIce. 3. InspectIOns for which no fee IS specIfically mdlcated. $58 per hour (I/2-hour ITIlnImUm charge). 4 AdditIOnal plan reVIew necessary due to addItIOns or reVISIOns to the plans $58 per hour 5 Work commencmg before penTIlt Issuance shall be subject to an lilvestlgatlon fee of 100% of the usual penmt fee. 8 D lvIECHANICAL PERkIIT FEE SCHEDULE PERMIT ISSUANCE F or Issuance of each permIt (base fee) $30.00 1. The penmt fees for mechanical work shall be as mdIcated m the followmg schedule I ValuatIon of I Work (Total i I Contract Amount) ! i $250 or less $251 to $500 $501 to $1,000 $1,001 to $5,000 $5,001 to $50,000 $50,001 to $250,000 $250,001 to $1,000,000 $1,000,001 and up Fee 1$58 $58 for first $250, plus $6 75 for I' each $100 or fraction thereof, to and including $500 1$7487 for the first $500, plus I 1$7 49 for each $100 or fraction thereof, to and mcluding $1,000 I $112.32 for the first $1,000, plus $8.31 for each $1,000 or fractIOn thereof, to and including $5,000 $145.56 for the first $5,000, plus I,' $9.22 for each $1,000 or fraction I ! thereof, to and mcludmg $50,000 1 $414.90 for the first $50,000, plus $7.19 for each $1,000 or fractIOn thereof, to and mcluding $250,000 $1,852.90 for the first $250,000, II plus $6.39 for each $1,000 or fraction thereof, to and mcludmg I $1,000,000 , $4,79250 for first $1,000,000, plus $5.68 for each $1,000 or fractIOn thereof 2. Plan reVIew fee 25% of the calculated pennIt fee. 3 Work commencing before pennIt issuance 100% of usual pennIt fee 4 Inspections outsIde ofnonnal busmess hours $58 per hour. 5 Re-mspectIOn fee assessed. $58 per hour ~AddItIOnal plan reVIew reqUIred by changes, addItIOns or revisIOns to plans or to plans for whIch an mitIal reVIew has been completed. $58 per hour (one-half hour mmImum) 9 E. PLUMBING PERMIT FEE SCHEDULE PERMIT ISSUANCE For issuinq each permit. (base fee).............................. $30,00 For issuing each supplemental permit........................... $15.00 UNIT FEE SCHEDULE (in addition to Items 1 & 2 above). 1. For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc)...... $ 58.00 2. For each additional fixture .....................................................................$10.00 3. For each building sewer and each trailer park sewer........................... 21.00 4. Rain water system - per drain (inside building).................................... 10.00 5. For each water heater and/or vent...................................................... 10.00 6. For each industrial waste pretreatment interceptor, includinq its trap and vent, except for kitchen type grease interceptors. ............ 10.00 7. For each grease trap (connecdted to not more than four (4) fixtures..... 15.00 8. For each grease interceptor for commercial kitchens (> 750 Gal. Cap.) 25.00 9.7. For each repair or alteration of water piping and/or water treating equipment, each........................................................................ 10.00 10.8. For each repair or alteration of drainage or vent piping, each fixture............................................................................................. 10.00 11.9. For each medical gas piping system serving one to five in lets/outlets for a specific gas............................................................... 70.00 12.10. For each additional medical gas inlets/outlets.............................. 7.00 13.H.For each lawn sprinkler system on anyone meter, including (1-5) ATMOS.vacuum breakers. bJckflmtl prcvcntion dcvicc~ therefore............................................. 10.00 -Over five - each ATMOS.vacuum breakers.............................................,........ 5,00 thcrcfor......................,...........................................................,.............l 0,00 fO OTHER INSPECTIONS & FEES.(PLUMBING) 1. Inspection outside of normal business hours.................................... -$ 58.00/ Hr (minimum 3 Hrs.), 2. Re-inspection fee............................................................................. ........ 58.00/ Hr. 3. Inspections for which no fee is specificallv indicated........................... 58.00/ Hr. 4. Additional plan review required by changes, additions, or Revisions to approved plans Gminimum charge-one half hour)............ $58.00 / Hr. 5. 5. Pumbing permit issued after work commences for which a permit is required: -Emergency conditions............................................................. No permit fee. Non-emergency conditions: Work commencing before permit issuance shall be subiect to an Investigation fee equal to 100% of the permit fee. 6. Plan review fee, the fee for review shall be 25% of the total plumbinq permit fee. The plan review fee is a separate fee from the permit fee,and is applicable when plans are required in order to show compliance with the code. F. FUEL GAS PIPING PERMIT FEES. PERMIT ISSUANCE For issuing each permit (base fee)7:"7...~$ 30.00 ($0.00 if permit is in conjunction with a plumbing permit for an appliance with both plumbing & qas connection. For issuing each supplemental permit............................................................ $ 15.00 UNIT FEE SCHEDULE (in additional to Items 1 & 2 above) For each gas-pipinq system of one to five outlets.......................................... $58.00 For each additional gas pipinq system outlet per outlet................................. $ 7,00 11 OTHER INSPECTIONS & FEES (FUEL GAS PIPING) 1. Inspections outside of normal business hours....................................... 58.00/Hr. (minimum 3Hrs.) 2. Re-inspection fee..................................................................................... ..58.00 3. Inspection for which no fee is specifically indicated.................................58.00 4. Additional plan review required by changes, additions, or revisions To approved plans (minimum charge one-half hour).............................. 58.00/Hr. 5. Work commencing before permit issuance shall be subject to an Investigation fee equal to 100% of the permit fee. 6. Plan review fee, the fee for review shall be 25% of the total plumbing Permit fee. The plan review fee is a separate fee from the permit fee and is required when plans are required in order to show compliance with the code. (Ord. 2048 ~5, 2004) 12 , I I , Community Affairs and Parks Committee January 10, 2006 Present: Joan Hernandez, Chair; Joe Duffie, Pamela Linder Steve Lancaster, Bob BenedIcto, Evelyn Boykan, Lucy Lauterbach, cItizen Chuck Pamsh 1. Plumbing Code Bob Benedicto, BUlldmg OfficIal, explained that m 1964 the City had an agreement with Seattle-Kmg County PublIc Health that their DIrector would be TukwIla's health officer. During the 1980's the relatlOnshIp between PublIc Health and King County cites changed as cities stopped pa)'lng fee~ charged by Public Health. As the main dutles TukwIla used King County for were approving plumbmg and fuel gas permIts (as well as enforcing Public Health standards in restaurants), TukwIla assumed the plumbmg permIts would remain wIth Kmg County. No mterlocal specIfically covered that functlOn. The CIty is now begmmng to transfer the responsibility for plumbing and fuel gas permIts to the City. There are currently two buildmg mspectors, one of whom is certified as a plumbing inspector, and a third mspector posItlOn wIll be filled wIth a person tramed m and knowledgeable about the code King County wIll contmue permIttmg and inspectlOns through February 28th Joan asked if our fees would be simIlar to other citIes' fees, and Bob said they were slIghtly lower than Kmg County's fees, and close to SeaTac's charges. The Umform Plumbmg Code and International Fuel Gas Code wIll need to be adopted. Committee recommended adoption of necessarv codes and approval of City assuming new plumbing and fuel gas permit . responsib iIities. 2. InterIocal with SeaTac Evie dIscussed how the application for CDBG funding had changed this year. One result is that Tukwila and SeaTac jomtly applIed for mmor home repaIr funds for mcome-eligible resIdents. TuhvIla wIll sign the application to King County. Evie reported that she has already heard from some residents who would like to apply for these funds thIS year. Tukwila will serve as the financing officer for the funds. Committee recommendation of authorizing mavor's signature on interlocal agreement to CO'V and Regular Meetings for approval. 3. Interlocal with Federal 'Yay for Pilot Program A non-profit group will help both Tukwila and Federal Way personnel help small non-profit companies m theIr respective cities. Evie has chosen to help the TukwIla Food Pantry as a pilot program to see Iftheir program can be more efficIent and effective with the resources they have. The cost ofhelpmg them is $5,250. Federal 'Nay will act as the fiscal agent for this project. Recommend approving interlocal to CO'V and Regular lVIeetings. 1Jfi. CommIttee chair approval COUNCIL A GENDA SYrvosis �J��r!S►�A:ryWgs Inetialr IT NO. I 1 47 Prepared Mayor's view Council review ust, ...r Meetin Date by 1V a or s re 1 un 2/27/06 RT 3/6/06 1 I ITEM INFORMATION CAS NUMBER. 06-025 I ORIGINALAGENDADATE: FEBRUARY 27, 2006 AGENDA ITEM TITLE 2006 Annual Overlay and Repair Consultant's Agreement with W &H Pacific. CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other Mtg Date 2/27/06 Mtg Date 3/6/06 Mtg bate Mtg Date Mtg Date Mtg Date Mtg Date: I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPO,NSOR'S The contract is for design of the 2006 Annual Overlay and Repair Program. The street SUN MARY improvements include overlay for S 144 St (Macadam Rd /51 Ave S), Southcenter Blvd (Macadam to 53 S 158 St (42 47 Slade Way (S 160 to 53 PI and includes soldier pile walls), Macadam Rd S (S 128 to S 133 and includes curbs, gutters, sidewalks for Normed mitigation), S 130 St (EMW to Macadam), Ramps of Boeing Access /Airport Way and the intersection of Boeing Access Rd /E Marginal /TIB. REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte El Utilities Cmte [1] Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 2/13/06 RECOMMENDATIONS: SPONSOR /ADMIN Authorize Mayor to sign the consultant's agreement with W &H Pacific. COMI HTrEE Forward to COW and then Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $99,656.35 $100,000.00 Fund Source: 104.02 Commercial Streets (page 44, 2006 CIP) Comments MTG. DATE I RECORD OF COUNCIL ACTION 2/27/06 3/6/06 MTG. DATE I ATTACHMENTS 2/27/06 Information Memo dated February 9, 2006 Maps of site locations Consultant Selection Rating Sheet Consultant Contract with Scope of Work Transportation Committee Meeting Minutes from February 13, 2006 3/6/06 1 INFORMATION MEMO From: Date: Subject: Mayor Mullet Public W arks Directo~ February 9, 2006 2006 Overlay Program - Consultant Selection, Scope of Work, and Fee Estimate To: ISSUE Select a consultant to provide design and PS & E for the City's 2006 Overlay Program. BACKGROUND The C.I.P. includes the Annual Overlay Program to provide repairs and overlays on the City's street system. The 2006 Overlay Program includes federal funding to repave the intersection of Boeing Access Road and East Marginal Way. The 2006 list of projects include: Street 1. S 144th St 2. Southcenter Blvd 3. S 158th St 4. Slade Way 5. Macadam Road 6. S BOth St 7. Ramps 8. Intersection From Macadam Rd I 51st Ave S Macadam Road 42nd Ave S S 160th St S 128th St East Marginal Way Boeing Access Road East Marginal Way ACTION TAKEN To 200 feet west 53rd Ave S 47th Ave S 53rd PI S S 133rd St Macadam Road Airport Way Boeing Access Road Three fIrms were short-listed from the City's consultant roster of fIrms that indicated they provide expertise in pavement design, overlay design and pavement management. All three fIrms were rated based on the expertise and experience necessary to perform the work. W &H PacifIc was selected as the most qualified. (Rating sheet is attached.) W &H PacifIc provided design and construction services for the 2005 Overlay Program. A draft Scope of Work and Fee Estimate are attached. RECOMMENDATION Approve the selection of W &H PacifIc as the 2006 Overlay Program design consultant and authorize the Mayor to execute a contract with W&H PacifIc in the amount of $99,656.35. attachments: Map, Rating Sheet, Scope of Work, Fee Estimate (p:Proj<ro\A. RW & RS Projects\06R\\'OtlCcnSdctfor2W5) Ul W :J> < Ul ro Ul C/') :J> < Ul ro -.J 3: C/')U1 :J> U1 U1 P 0'0 < 00 o"D n ro p :J> C/') :t> :J> Q.. < < < p ro ro ro :3 C/') C/') ~ S 144 St .- ~ S 146 St ~ r\) 0-. :J> :J> < ro < ro (/) S 148 st C/') S 150 st C/') S 164 st ,J::;-' ~ ~ ~ S 151 St S 152 st V?: i . . ,..' C/') o c <+ :J n ro ~ .-I- ro ...... -0 p ...... ^ ~ p '< S . 'B S"tro.nder Bl Corporate Drive N Corporate Drive S u 2006 Overlay Program Project Location Map City of Tukwila February 9, 2005 Vicinity Map ::I> < (Q V,) ~ ~ b ~ I .. . .. i ..... ..,# .. .. . ~ .. .. '. .. .. .. -. .. .. :. ii .. "- ii .. Ii . st ".!..'\ .. .. .. . .,.... HighUne .. Ii City of Tukwila 2006 Overlay Program Project Location i'\nap .. V) V> February 9, 200~ ~ Vicinity Ma"G D CONSULTANT SELECTION 2006 OVERLAY PROGRAM W&H David Evans Pacific Perteet & Associates Project Manager 1 1 1 Pavement Design / Rehabilitation Repair Experience 1 1 2 Agency Overlay Program Management 1 1 1 Tukwila Overlay Program Knowledge 1 2 2 Pavement Management System Experience 2 1 3 Expertise Using Federal Funds 1 2 2 TOTALS 7 8 11 Score consultant 1 to 4, with 1 being highest and 4 being lowest. Lowest score is consultant ranked highest. CONSULTANT AGREEMENT FOR ENGINEERING DESIGN SERVICES TillS AGREEMENT is entered into between the City of Tukwila, Washington, herein-after referred to as "the City", and W &H Pacific, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering design services in connection with the project titled 2006 Overlay Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 60 calendar days :ITom the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $99.656.35 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. /51-01- ;) ();{ /6/ All] L 5 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be pennitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, appli~able to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence! aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor.' The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall 2 be entitled to any benefits accorded City employees by virtue of the servIces provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brqkerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party . 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, W A 98188 Notices to Consultant shall be sent to the following address: Sam Richard W &H Pacific 3350 Monte Villa Parkway Bothell, WA 98021 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of ,20 CITY OF TUKWILA CONSULT N\fT BY:~_-~~ Steven M. Mullet, Mayor Printed Name: Brad Bastin Title: Vice President Attest! Authenticated: Approved as to Fonn: Jane E. Cantu, CMC, City Clerk Office of the City Attorney 4 ATTACHMENT "A" CITY OF TUKWILA 2006 OVERLAY PROGRAM SCOPE OF WORK PROGRAM DESCRIPTION Provide engineering design services to the City of Tukwila for preparation of the 2006 Overlay Program. The candidate projects for,this program are included in the list of roadways shown below. Site 1 Site 2 Site 3 Site 4 Site 5 Site 6 Site 7 Site 8 1.0 Street From To South 144th Street Macadam Rd/515t Ave S 200 feet west Southcenter Blvd. Macadam Road 53rd Avenue South South 158th Street 42nd Avenue South 47th Avenue South Slade Way South 160th Street 53rd Place South Macadam Road South 128th Street South 133rd Street South 130th Street East Marginal Way Macadam Road Ramps Boeing Access Road Airport Way Intersection East Marginal Way Boeing Access Road Intersection of East Marginal Way with Boeing Access Road is a federally funded project and will have its own bid package. Slade Way includes design of a soldier pile wall. MANAGEMENT, ADMINISTRATION, AND COORDINATION The Consultant shall provide project management and administration, liaison with the City, monthly progress reports and invoices. The Consultant shall attend and/or conduct up to three (3) project related meetings with City staff, prepare and distribute meeting notes (minutes) as necessary to coordinate the project activities. 2.0 QUALITY ASSURANCE I QUALITY CONTROL The Consultant shall complete a quality assurance check prior to submitting any work for the City's review. A quality assurance check shall be used to confirm that the design work follows the City standards and that the work is professional quality, meeting industry standards. The quality assurance check shall include review of engineering, drafting and clerical errors or omissions. Lead designers shall review detailed technical work while it is in progress, as well as after the work products are assembled for submittal. The City will provide additional quality review. This will be coordinated with the Consultant, Project Manager and pertinent staff members. P:\PROJECTS\A- RW & RS Projects\06rw01 2006 Overlay\2OC6 overlay design SCOPE.doc 3.0 ON-SITE PROJECT REVIEWS The Consultant shall review on-site conditions for each of the candidate projects to identify the specific construction items to be included in the project improvements. The City shall supply the Consultant with street pavement evaluation data or recommendations. Based on the on-site field information and other data provided by the City, the Consultant shall provide the City with recommendations for each of the projects No on-site pavement and subgrade testing is expected for the candidate projects The Consultant shall submit a written summary of the on-site findings to the City for review and approval 4.0 FINAL PLANS, SPECIFICATIONS, AND ESTIMATES Based on the City approved project on-site findings list, the Consultant shall provide the following engineering services consisting of the preparation of detailed construction drawings, specifications, special provisions, construction cost estimates and other relative information in accordance with the City of Tukwila standards A. Prepare base maps at a scale of one (1) inch equals twenty (20) feet for each project. The City shall provide the Consultant with DXF computer files of available mapping. The City shall also provide the Consultant with electronic or hard copies of one (1) inch equals one hundred (100) foot aerial photographs, utility plans, as-built drawings and other available information. B. Prepare construction plans for the overlay candidate projects, including the following' a Plans shall be prepared with such provisions and in such detail as to permit convenient layout in the field for construction and other purposes within a degree of accuracy acceptable to the City. The plans shall be prepared using AutoCAD 2004 software b. Plans shall show complete details forthe construction of the proposed improvements including details for: paving, preleveling and limits of construction; widening for shoulder stabilization, parking or walkways; curb, gutter, and sidewalk improvements, drainage improvements necessary for subgrade stabilization such as adding ditches and/or subgrade drains; existing surfacing preparation such as crack sealing, digouts, utility trench repair and fabric interlayers; utility adjustments, and channelization, signing, and signal detector loop replacements c. Plans will include typical sections and special details other than standard details available from the City, WSDOT, and APWA Standard Drawings d. The horizontal scale for the plan sheets shall be one (1) inch equals twenty (20) feet. e Finalize the plans and prepare project specifications including special provisions in accordance with City review comments. The Consultant shall make such minor changes, amendments, or revisions in the detail of work as may be required by the City. C Prepare bid items and calculate quantities for the contract proposal. Group streets into C:\Documents and Settings\srichard.OOO\Local Settings\Temporal)' Internet Files\OLK26\2006 overlay design SCOPE.doc overall program schedule with contractor to bid on summary of total quantities. D. Prepare detailed project specifications including special provisions The City shall provide an electronic copy of the contract provisions to be modified and a copy of the City standard details and a copy of the standard notices, forms, and certificates to include in the specifications. E. Prepare a final engineer's estimate of construction costs based on the construction plan sheets, bid item quantities, and current bid prices F. Submit plans for City to review at approximately the fifty (50)and ninety (90) percent stage of completion and respond to the City's review comments following the submittals The Consultant shall provide one (1) reproducible plan set, one (1) cost estimate, and (1) specification at the ninety (90) percent complete submittal. The City will return one (1) "red- line" plan, specification and cost estimate with review comments. G Provide the City with 35 sets of Half-size plans, 35 sets of provisions and 10 sets offull size plans. H Provide to the City all final mylar plan sheets (22" x 34"), design calculations, and project specifications including special provisions on 8.5" x 11" sheets Provide electronic files of plan sheets! provisions. I. Supply information to prospective bidders with respect to design and prepare addenda as necessary during bidding period to support the City staff. J. Attend bid opening, prepare a tabulation of bids received, check references and qualifications of low bidder, prepare recommendation letter, and attend preconstruction conference with the successful bidder. TIME OF BEGINNING AND COMPLETION The Consultant shall not begin work under the terms of this agreement until authorized in writing by the City. The estimated notice to proceed date is March 7, 2006 Final plans, specifications, and cost estimate shall be submitted to the City by May 2, 2006 (8 weeks including City review time.) OPTIONAL SERVICES Some survey work is anticipated This contract includes up to 12 hours of a Consultant supplied survey crew as needed. C"\Documents and Seltings\srichard.OOO\Local Seltings\Temporary Internet Files\OLK26\2006 overlay design SCOPE,doc 2006 OVERLAY PROGRAM PS&E Transportation Committe~ February 13, 2006 Present: Joe Duffie, Chair; Pam Carter, Joan Hernandez Jim Morrow, Steve Lancaster, Dereck Speck, Frank Iriarte, Bob Giberson, Gail Labanara, Cyndy Knighton, Robin Tlschmak, Chuck Pamsh, Jim Soukup; HNTB 1. Sound Transit 2 Sound Transit hopes to present a [mal lIst ofprojects to voters this fall as Sound Transit 2. Steve presented the six projects that directly affect Tukwila. A letter from the Mayor to Sound Transit will list the CIty'S pnorities. The current order is Project S17 Sounder Permanent Station at Tukwila, S13 Express Bus 560 (double service), S3 Link LRT (study future lIght rail lines in South KC), SII Express Bus (shadow the Sounder runs wIth buses for expanded service to the stations), S24 Sounder Expanded (add 12 additIOnal tram trips) and finally S10 Express Bus (Kent to SeaTac airport). Steve said the bulk of the election material wIll probably include light rail to Northgate and south to Federal Way. Joan asked if the Tukwila station was always just a platform and Pam told her that only those with parkIng garages have "statIons". Information only. Committee agreed with prioritized list. will return to TC and COW as Sound Transit pares down the list ofproiects. ~ v 2. 2006 Overlay Program Consultant Selection TIme to design the 2006 Overlay whIch includes a wall design along Slade Way m response to the current landslides, Macadam Rd mcludes curb, gutters and sidewalks for the Normed mitigation that was receIved in 2005 and the Intersection ofBAR/EMW where we have a federal grant. Pam requested that the scope of work be changed fron'i listing Pac Hwy to Tukwila Int'l Blvd. There IS $100,000 budgeted for design. Pam asked what would happen If the same contractor bid on this project that did a substandard job on BAR/EMW, could we refuse the bid? Jim told her yes, they would be considered not responsible as we investigate the references of the contractor. Jim also said that we will now have to advertise for every consultant on federal projects as opposed to our current practice of using the consultant works roster, which will add 3-4 weeks to the project and additional costs for advertising. Unanimous recommendation to send Consultant Agreement for 2006 Overlay to CO\V and Regular meetin2: for lVlavor's signature. 3. Klickitat/SC Pkwy (Tukwila Urban Center Access Improvement Project) Consultant Supplemental Agreement Jim handed out a new sheet explaining thecosts and the funds available. Phase I of design with HNTB was for only 30% and we are pleased with their progress. This supplement will finish design with the hope to advertise for constructIOn by the end of2006, If funding is available. Joan asked about the pedestnan stairs that will connect KlickItat walkway into the mall and Pam C confirmed that the signals will be video and not traffic loops and will be hooked up to the other signals m the CBD. Also confirmed that the Arts Commission will be told on 3/7 about this project and the Transit Center for input of public art. As funding is expected and not confirmed, HNTB will be gIVen incremental Notice to Proceeds to correspond wIth approved grants and we would be able to stop If there is a funding change. Unanimous recommendation to send Consultant Supplement to CO'V and Regular meetin2: for lVlayor's signature. C:\Documents and Settings'.Gai!\Ivfy Documents\WINWORD\TC Minutes 2-13-06.doc Page 1 0[2 COUNCIL AGENDA SYNOPSIS �i d '4' 5 Initials ITEM No. 0 N i Meeting Date Prepared by 1 May'or's review Council review I 9 2/27/06 C16;in A y/-- —I/ At. cam 3/6/06 1 1 76 1 1 1 1 ITEM INFORMATION CAS NUMBER. 06-026 I ORIGINAL AGENDA DATE: FEBRUARY 27, 2006 AGENDA ITEM TITLE Klickitat /Southcenter Pkwy Consultant's Agreement Supplement with HNTB Corp. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other ilvItg Date 2/27/06 Mtg Date 3/6/06 Mtg Date Mtg Date tlltg Date Mtg Date illtg Date: ISPONSOR Council Adm Svcs DCD Finance Fire Legal P &R Police PJV I SPONSOR'S The original contract was for 30% of engineering design and is nearly complete for the SUMMARY roadway improvements on Southcenter Pkwy at Klickitat. This supplement will finish the design and prepare plans, specifications, and estimates. Federal funds are expected but have not been appropriated at this time. REVIEWED BY COW Ivltg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 2/13/06 RECOMMENDATIONS: SPONSOR /AMEN. Authorize Mayor to sign the supplemental agreement with HNTB. COMMITI'EE Forward to COW and then Regular Council with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,982,996.00 $2,042,359.00 $0.00 Fund Source. 104 Commercial Streets (page 37, 2006 CIP) Comments Mitigation and additional federal funding is anticipated. 1 MTG. DATE I RECORD OF COUNCIL ACTION 1 2/27/06 I I 3/6/06 1 MTG. DATE I ATTACHMENTS 2/27/06 Information Memo dated February 21, 2006 (revised after TC) Spreadsheet of Funding Consultant's Scope of Work Transportation Committee Meeting Minutes from Februaryl3,2 006 1 INFORMATION MENlO From: Date: Subject: Mayor Mullet PublIc W arks Directo~ February 21, 2006 Klickitat/Southcenter Pkwy (Tukwila Urban Center Access Improvement Project) Consultant Supplemental Agreement No. 05-071 (a) Project No. 84-R\-V19 To: ISSUE Authorize the Mayor to execute a supplemental agreement with HNTB Corporation in the amount of $1,982,996 to provide [mal engineering design and PS&E services for roadway improvements on Klickitat and Southcenter Pkwy. BACKGROUND Since 2003, staff has been working toward a design to improve traffic conditions at the Klickitat Drive/Southcenter Parkway intersection. HNTB was selected in 2005 to do the first phase of work after a detailed consultant selection process that included a design competition. The first phase of the work, nearly complete with the 30 % Design Report planned to be issued in the near future, has gone extremely well. The additional work to complete the design and prepare Plans, Specifications, and Estimates was intended to be supplemented after completion of the first phase. ANALYSIS The scope and fee have been developed using Federal Aid forms because of the federal funding in the design. On March 21,2005, the City was notified of a partial award of $661,333 from the FFY 2005 Appropriations Act. It is still anticipated that the full award will be approximately $1,000,000 with the balance expected at $338,667. It is unknown when the remainder of the authorization will occur. Additional federal funds have been awarded, but due to Hurricane Katrina, the full amount was reduced and the award is spread over five years Impact fees from a variety of projects in the Urban Center could yield substantial additional funds over the next two years, including over $700,000 from Westfield Mall The total fee for the first phase of work was $1,208,322.00. The fee for the second phase is $1,982,996 and the scope of work is attached. Funds Expended/Obliaated Funds In Hand Funds Expected $1,982,996 HNTB Phase 2 $299,415 High Priority (Federal WA265) $299,415 (Federal WA265) $10,000 Appraisal- ROW (est.) $136,876 High Priority (Federal WA 152) $136,876 (Federal WA152) $20,000 WSDOT review (est.) $64,750 Impact Fees (various projects) $766,360 Impact Fees (Wstfld) $338,667 Federal Appropriation $501,041 Subtotal $1,541,318 Subtotal $2,012,996 Total Funds Necessarv $2,042,359 Total Funds to be Available RECOMMENDATION Authorize the Mayor to execute a supplemental agreement with HNTB Corporation in the amount of $1,982,996 to provide [mal engineering design and PS&E services for the Kllckitat/Southcenter Pkwy Improvement project. h:\pubworks\projects"'. rw & rs projects\&4rwI9 klickitauctr p!"-",yJ5 access revliefo memo - botb supp #1 2.21.06 gl.doc Tukwila Urban Center Access (Klickitat-S/C Pkwy Access Revison) Project No. 84-RW19 Phase II Design Cost Analysis Phase II Design $1,982,996 HNTB Phase 2 $10,000 Appraisal- ROW Acquisition est. $20,000 WSDOT review & processing $2,012,996 Total $2,012,996 Total Phase II Design Funds Available Grants Date Available $299,415 High Priority WA265 03/2006 $136.876 High Priority WA152 03/2006 $436,291 Subtotal Federal Impact Mitiqation Fees $62,000 Boeing LOP Payment 02/2006 $2,750 Simply Thai III 2005 $501,041 Total Funds Expected Grants Date Expected $299,415 High Priority WA265 10/2006 $136.876 High Priority WA 152 10/2006 $436,291 Subtotal Federal Impact Mitiqation Fees $766,360 Westfield Mall 06/2006 Federal Earmark $338,667 Federal Appropriations 03/2006 $1,541,318 Total $2,042,359 Total Funds for Phase II Design Earmark CIP to Actual Adjustment Initial Estimated Actual Award in CIP Award WA265 $ 1,497,076 WA152 684,380 $1.950.000 $ 2.181.456 Actual Award includes reduction for Hurricane Katrina and USDOT admin fees, yet is now spread out of 5 years, so $2,181,456 divided by 5 years equals $436,291 each year Annual Allocation (5 year period) Source 2005 (3/06) 2006*(10/06) 2007* 2008* 2009* WA265 $299,415 $299,415 $299,415 $299,415 $299,415 WA152 $136,876 $136,876 $136,876 $136,876 $136,876 I $436,291 $436,291 $436,291 $436,291 $436,291 1* The final project amount may change due to annual USDOT administrative fees and subsequent congressional actions. p:/projecURW/84-W19Ibudget gl CmlNTB Page 1 EXHIBIT B SCOPE OF WORK SOUTH CENTER ACCESS IMPROVEMENT: KLlCKITAT DRIVE/SOUTHCENTER PARKWAY AREA Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBI\seawOOlprojoa 1:\41113\redbooklcontraclldraftcontractlph_iMrafl to c.iy 02_08_0S.diX Printed 218!2CiJ6 Cs4NTB Page 2 I. BACKGROUND....... ............... ............................. ............................ . ............. ..............6 II. PROJECT DESCRIPTION ... ........ ............ .... ........ ........... ............................. ..... ........ ...6 III. PROJECT GOALS ........ ............. ........... ...... ................ ....................... .............. ............7 IV. DESIGN CRITERIA ......... ..... ............ ........... ..... .......... ................. ............. ......... .........7 \ V. PROJECT SCHEDULE ... ........ ..... .,. ... ..... .... .......... .......... ......... .... ...... ... ....... ....... ........ ..9 VI. ITEMS AND SERVICES TO BE FURNISHED BY THE CITY ..............................10 VII. ABBREVIATIONS .......................... ....... ......... ......... ............ .................... ........ ........1 0 VIII. PROJECT DOCUMENTATION.. .......... ......................... ....... .................... ........ .....11 IX. WORK. TASKS...... .................... .............. ......... ........ ........ ........................... ............ .11 TASK 1 PROJECT MANAGEMENT ........ .................... ................. ......................... ....12 Task 1.2 Issues Resolution...... .... ......... ........... ........................................... ........... ..... ........ .13 Task 1.3 Measure Project Requirements.............................................. ................. ....... .13 Task 1.4 Measure Budget Conformance ...................................................................... ......13 Task 1.5 Measure Schedule Conformance ........................................... .............................14 Task 1.6 Communicate Progress ................................................................. ...................... 14 Task 1.7 Lead the Project CONSULTANT Team ..............................................................14 Task 1.8 Manage Quality ........ ............. .......... ........ ........ ..... ............ .................... .............14 Task 1.9 Manage Change ....... ...... .... ....... .... ........... .......... ............... ....... ... . ...... .... ..... ..... ... .14 Task 1.11 Meetings ......... .......... ............ ........ ..... .............. ......... .. .................. ......... ......... ...15 Task 1.12 Records Management ...................................... ............ ........ ...... ........................16 Task 1.13 Cost Estimating Procedures............. .................. ...................................................16 TASK 2 RIGHT OF WAy.......................... .. ............ ...... ......................................17 Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\sea-MJOlprojoa 1:141113\redbook\oonlrac!\draftcontract\pIUi\draft 10 city 02_08_06,doc Printed 2i812006 CalNTS Page 3 Task 2.1 Preparation ... ............. .............. .. ............................... ...... ........ ............. ...17 Task 2.2 Appraisal.......................................................... ....... ... .......................... ............17 Task 2.3 Appraisal Review.......................... .... .............................................. ... ....... .....17 Task 2.4 Legal documentation............................................... ................ ... ........ .......... 18 Task 2.5 Negotiation....... ........ ..... ...... ............. ............. ....................... ......... ......... ........ ....18 Task 2.6 Closing and Conveyance ............... .................................................................. ....19 Task 2.7 Certification...... ................... .......... ..... ........ ........... ....... ....................................... .20 TASK 3 PERMITTING ................ ..... ....... ............... .................... ...... ........................... .20 Task 3.1 NPDES Construction Stonnwater Pennit for Department of Ecology ................20 TASK 4 COORDINATION AND PUBLIC INFORMATION........ ............................21 Task 4.1 Public Infonnation........ ..... ..... ................... ....... .. .......... ........ .................. .... .... .21 Task 4.2 Coordination with WSDOT........................................... .. ........... .......................21 Task 4.3 Coordination with Westfield Shoppingtown Mall .............................. ..... .........22 Task 4.4 Coordinate Activities with Southcenter Place Building, Doubletree Hotel and McDonald's restaurant ........ ............ ........................ ................... ...................... ........... .......... ....22 Task 4.5 Displays and Maps ........... ..... .... ............ .................................. ............. ........ ......22 Task 4.6 Presentations and media relations .................... ........................................... .......23 Newsletters ............................... ............................................................... ................. .......... ....23 Presentations ........... ........................ ........... ............. ......... ............. ...... ................ .............. .... ..... ....... .23 Media releases .... ....................................................... ................... ......... .......................23 Task 4.7 Maintain and promote project website .................................................................24 TASK 5 ROADWAy................ .... ................. ......... ................. ..................... ............... .24 Task 5.1 Roadway and Channelization Design (60%, 90% and 100% Design) ............ ....24 Task 5.2 Signals and Interconnect ........................................... ................... ......................25 Task 5.3 Illumination..... ...... ........................... ............... ........ .... ................ ..... .. ... ... ....... ..27 Task 5.4 Traffic Control and Detour Plans .............. ....................... Work Zone Traffic Control Design..... ......................... ... ................ ..28 ............29 Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\seay,{)O\projoa 1:\41113Iredbook\contIaGI\draftcon~aGI\ph_ii\draft to city 02_08_05.doc Printed 2/8.'2006 ~NTB Page 4 Detour Plans ..... ................ ................. . .......... .... .... .. ....... ....... ..... ......... ..............30 Task 5.5 Signing ....................................................... ..... .................... ... .............. ........31 Task 5.6 Landscape Design and Architectural Treatments....................... .... .................32 Task 5.7 60%, 90% and 100% Contract plan sheets.................................. ............ ..........33 TASK 6 DRAINAGE.... ........... ..... .................... ..... ....... ............ ............. ........ ............ .33 Task 6.1 Stormwater Report .............................. .............................................................. 33 Task 6.2 Drainage Plans, Profiles and Details ...... ...................... ...... ...............................34 Task 6.3 TESC Plans and Details.. ......................... ....... ................................................35 Task 6.4 Utility Coordination ............................................. ...... .......... . . ..... ... ... ...........36 Task 6.5 Environmental Support.. .................. ......... ........ ............... .............. ..................... 36 TASK 7 FINAL GEOTECHNICAL DESIGN SERVICES .............. ...........................36 Task 7.1 Engineering Analyses and Development of Final Design Recommendations .....36 Task 7.2 Earthwork Specifications ............................................. ...... ..................... ..... .37 TASK 8 STRUCTURES (BRIDGESIW ALLS) ...................... .....................................37 Task 8.1 60% Bridge Design. ................................. ........ ...... ........ ......... .............. ......... ....37 Task 8.2 60% Bridge Detail......................................................... .. ...................................38 Task 8.3 60% Other Structures Design ................................................... ...........................38 Task 8.4 60% Other Structures Detai1......................................... ........................................39 Task 8.5 90% Bridge Design ............................... .... .......................... ............................39 Task 8.6 90% Bridge Detail............................................................................................... .39 Task 8.7 90% Other Structures Design ...............................................................................40 Task 8.8 90% Other Structures DetaiL........... ...................................... ...........................40 Task 8.9 100% Final Submittal Preparation ....... .......... ....................................................41 TASK 9 SURVEY ............... .............................................................. . .. ..... .. .. .. ... . .... ..41 Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\seawOOlprojoa 1:\41113\re<Jbook\conlractldraftccntracllph_iildraft to city 02_08_C6,doc Printed 218I2C-I:6 c-INTB Page 5 Task 9.1 Field Survey for Design...... ......... ............. ...................... .....................................41 Task 9.2 Defme Revised Limited Access lme................. ....... .... ....... . .. ....... ........................41 TASK 10 UTILITIES. .... .................. .......... .... ....... ..... ....... ............................. ........... .42 Task 10.1 Coordination with utilities .................................. ................................................42 Task 10.2 Potholing .......... ............... .......... .... ............ .......... ...................... .......... ........ ........42 Task 10.3 Utility Design 60,90 & 100%.......................... ...................................................43 Task 10.3.1 60% Submitta1....... ...... .......... ...... .............. .................... ..... ............. ..... ..... ....43 Task 10.3.2 90% Submitta1.................................. ....................... ...... ................................43 Task 10.3.3 100% submittal and Final PS&E ........................... ......... .............................44 TASK 11 SPECIAL PROVISIONS ...... ............. ........................ ..... ..... ...... ....... ........44 General Special Provisions.......... ......... ................ ........... ........ .............. ........................ ............44 TASK 12 DEVELOPMENT OF QUANTITIES AND COST ESTIMATE .............45 TASK 13 QUALITy.......................... ........ ......... ......... .......... ... ..... ........ ..... .... ... .... .,. .45 Task 13.1 Quality Assurance ............. ....................................... ........ ...............................46 Task 13.2 Change management ............................................... ............ ............................46 TASK 14 ASSISTANCE DURING BID PERIOD ...................................................46 TASK 15 FUNDING SUPPORT.. ............... ....................... ... ......... ......................... .46 Task 15.1 Funding Strategy ............... ..... ........ ........... .......... ............ .......... ..... ............. .........47 Task 15.2 Grant applications. ..... .............. ....................... ........ ............ ................ ........ .........47 TASK 16 60%,90% AND 100% CONTRACT PLAN SHEETS -..........................47 TASK 17 PREPARE WORK PLAN, ESTIMATE, AND SCHEDULE FOR PHASE 3 - CONSTRUCTION ASSISTANCE ............................................... .............................49 Klickilal Drive/Soulhcenter Parkway Access Improvement Project-Phase II HNTB Project number 41113 HNTB\\seawOOiprojoa 1:\41113\redbook\ccntrac\\draflcontracl\phji\drafl to C;ty 02_08_OS.doc Prinled 218I2OCi3 CulMTS Page 6 During the tenn of this Agreement, the engineering Consultant (CONSULTANT) shall perfonn professional services for the CITY, including prelimmary design, fmal design and assistance during construction, in connection with the: Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Area Project This document shall be used to plan, conduct and complete the work on the project. I. BACKGROUND The existing traffic conditions along Southcenter Parkway include heavy left-turn volumes from northbound Southcenter Parkway to westbound Klickitat Drive. The traffic volume in the project vicinity coupled with the close proximity of the Nordstrom, Klickitat, and Strander signal results in significant queues (both northbound and southbound) and a severe increase in traffic congestion. The Southcenter Improvement project is intended to improve access and circulation to the Southcenter area in the vicinity of Klickitat Drive and Southcenter Parkway. II. PROJECT DESCRIPTION The Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Area Project, hereinafter referred to as the PROJECT, consists ofthe following features: . A two lane widening of northbound Southcenter Parkway. Widening will be supported by construction of a new retaining wall along the existing slope east of Southcenter Parkway, and may include a single lane slip ramp to the Westfield Shoppingtown Mall. . Grade separation of southbound Southcenter Parkway. Grade separation will be accomplished by depressing the southbound alignment under the Klickitat intersection using a bridge structure and retaining walls. . Reconstruction of the northbound lanes Southcenter Parkway, south of Strander Boulevard. This construction is required to channelize traffic to the new northbound widening. . Safety and pedestrian improvements . Signal modifications at the Klickitat Drive intersection and signal coordination between Strander Blvd., Klickitat Drive, and the Nordstrom shopping entrance intersection. . New signal at westbound Klickitat Drive and southbound Interstate 5 on ramp. . Horizontal and vertical alignment consistent with current design speed standards. . Utility adjustments and relocations associated with the new improvement. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\seawOOIprojoa 1:\41113\redbooklcontrac\\draftcontrac\\ph_iildraf! to city 02_06_06.doc Printed 21612006 c-INTB Page 7 . Construction of detention and water quality facilities. Phase 1 - Preliminary Engineering and Environmental Documentation - Complete Phase 2 - Final Design: Upon Notice to Proceed from the CITY, the CONSULTANT will proceed with the preparation of the environmental pennits and construction contract documents for the construction features of the project, as defined in the approved Design Report. Phase 3 - Construction: The CONSULTANT will assist the CITY with surveying, review of Contractor submittals, evaluation of change proposals, monitoring of construction activities, construction administration and inspection, and preparation of record drawings. III. PROJECT GOALS The specific goals for the project are: . Improve traffic flow in the project area . Improve operations at area traffic signals . Minimize delay for motorists . Improve safety . Benefit transit route efficiency and allow for future transit improvements . Provide a workable solution with WSDOT and 1-405 and 1-5 improvements . Minimize impacts on current business and property owners . Maintain or improve freight access . Develop a graceful design that creates a visual signature for the Urban Center IV. DESIGN CRITERIA Documents developed as part of this scope of work, to the extent feasible, will be in accordance with the latest edition and amendments to the following documents, as of the date the AGREEMENT is signed. Changes in any design standards or requirements after work has begun may result in the need for Extra Work. City of Tukwi/a Publications: a. Year 2004 Comprehensive Plan b. City ofTukwila Development Guidelines and Design and Construction Standards, 2003 Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\seawOOlprojoa 1:\41113\redbcoklconlIactldraftconlIactlph3,draft to cHy 02_08_C6,dcc Printed 2I8l2C"J6 MNTB Page 8 WSDOT Publications: a. Standard Specifications for Road, Bridge and Municipal Construction, English edition (2004) (M4l-1O) b. Standard Plans for Road, Bridge and Municipal Construction, English edition (M2l-0 1) c. Design Manual, (M22-0 1) d. Hydraulic Manual, (M23-0f) e. Plans Preparation Manual, (M22-3l) f. Bridge Design Manual, (M23-50) g. Amendments and General Special Provisions h. Standard Item Table 1. Traffic Manual, (M5l-02) J. Highway Runoff Manual, (M3l-16) k. Utilities Manual, (M22-87) 1. Local Agency Guidelines, (M36-63(PA)) m. Environmental Procedures Manual, (M3l-ll) American Association of State Highway and Transportation Officials (AASHTO) Publications: a. A Policy on Geometric Design of Highways and Streets, 5th Edition (2004) b. Standard Specifications for Highway Bridges, Seventeenth Edition, (2002) c. Highway Design and Operational Practices Related to Highway Safety, (1997) U.S. Department of Transportation (USDOT) Publications: a. Manual of Uniform Traffic Control Devices for Streets and Highways, 2001 b. Highway Capacity Manual Other Publications/Design Guides: a. National Electrical Code b. Standards of the American Waterworks Association c. Book of American Society for Testing and Materials Standards Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBIlseawOOlprojoa 1:\41113\redbooklcontractldraflconlractlph_iMraft to city 02_0B_06.doc prtn:ad 21ar.OOIj ~NTB Page 9 d. American Public Works Association standards e. Americans With Disabilities Act (ADA) f. General Electric's ALADAN program (Illumination desIgn) v. PROJECTSCHEDULF The preliminary project schedule is as shown below. The key milestone dates taken from the schedule are: Milestone Date Phase 2 - Final Design CONSULTANT Notice to Proceed March 13,2006 60% Submittal May 19,2006 July 14, 2006 90% Submittal 100% Submittal August 25, 2006 Right of way Acquisition, Parking Agreement, and Construction Easements Certified September 15,2006 Environmental Pennits Complete June, 2006 Final Submittal September 15, 2006 Advertise Contract September 15, 2006 Phase 3 - Construction Contractor/CONSULTANT Notice to Proceed January 2, 2007 ConstructionIProject Completion November 1, 2007 The duration of the reviews by the CITY, and by others, is given in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the CITY or CONSULTANT, may be the basis for adpstments in the project budget. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\seay,iJOlprojoa 1:\41113Iredbook\contract\draftconlTact\phj~drafl to city 02_08_06.doc Pon!ad 2i8J2DC6 CelNTB Page 10 VI. ITEMS AND SERVICES TO BE FURNISHED BY THE CITY The CITY will provide the following items and services to the CONSULTANT that will facilitate the studies and preparation of the documents for work within the limits of the PROJECT. The CONSULTANT is entitled to rely on the accuracy and completeness ofthis and other data furnished and represented by the CITY and others, including but not limited to, survey and traffic data. . Reviews of CONSULTANT submittals at the mutually agreed upon tImes set forth in the project schedule and the cOJ1.solidation of all review comments by others onto one review set prior to return to the CONSULTANT. . Lighting requirements and design criteria per CITY requirements, if available (DCD). . CITY will prepare and provide documents for rights-of-entry upon all lands necessary for the perfonnance of the design work. Official notices to property owners and agencies. . Arrangements for the public meetings, including meeting place, announcements, etc. . Assistance with public involvement and infonnation for the PROJECT, including the responsibilities discussed in Task 4.0. . Payment of all review and/or pennit fees. . Computer generated files supplied by the CITY will be in Auto CAD , and in a fonnat compatible with the CONSULTANT's hardware/software. Any refonnatting or reconfiguration or hardware/software purchase necessary to make the supplied files compatible will be considered Extra Work. VII. ABBREVIATIONS The following abbreviations are referred to throughout this scope of work: AASHTO American Association of State Highway and Transportation Officials BDM WSDOT Bridge Design Manual DCE Documented Categorical Exemption DFW Washington State Department ofFish and Wild Life DNR Washington State Department of Natural Resources DOE Washington State Department of Ecology ESA Endangered Species Act FEMA Federal Emergency Management Agency Klickilat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBI\seav.1JOlprojca 1;141113\reebcoklconlract\draftcontractlptUildraft to city 02_08_06.dc-c Printed 2I812C'06 CoINTB Page 11 FHWA LOS NEPA NMFS NPDES NRHP ROW PS&E SEPA TDM TS&L WSDOT USFWS Federal Highway Admirnstration Level of service National Environmental Projection Act National Marine Fisheries Service National Pollutant Discharge Elimination System National Rclgister of Historic Places Right-of-way Plans, specifications, and estimates State Environmental Protection Act Transportation Demand Management Type, Size and Location Washington State Department of Transportation United States Fish and Wildlife ServIce VIII. PROJECT DOCUMENTATION The docmnents listed as "Deliverables" in the Work Tasks, Section IX of this scope of work, and other exhibits or presentations for the work covered by this AGREEMENT and associated supplements, if necessary, will be furnished by the CONSULTANT to the CITY upon completion of the various tasks of work. Whether the documents are submitted in electronic media or in tangible fonnat, any use of the materials on another project or on extensions of this project beyond the use for which they were intended, or any modification of the materials or conversion of the materials to an alternate system or fonnat will be without liability or legal exposure to CONSULTANT. The CITY will assume all risks associated with such use, modifications, or conversions. The CONSULTANT may remove from the electronic materials delivered to the CITY, all references to the CONSULTANT involvement and will retain a tangible copy of the materials delivered to the CITY which will govern the interpretation of the materials and the infonnation recorded. Electronic files are considered working files only; the CONSULTANT is not required to maintain electronic files beyond 90 days after the project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. IX. WORK TASKS General Assumvtions: Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 Printoo 218f2CD6 HNT6\\seav.DO\projoa 1:\41113\redbook\conL"act\draftcontract\ph_ii\draft 10 city 02_08_06.doc Cr;NTB Page 12 . The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit D. These costs are itemized in Exhibit D.I to aid in project tracking purposes only. The budget may be transferred between tasks, provided the total contracted amount is not exceeded. Additional services beyond these limits will be considered Extra Work. . The project will be managed to the total project lump sum amount. . The preliminary project schedule is as shown in Exhibit B.l. The CONSULTANT is responsible for meeting deadlines for their tasks only; having no control over those portions of the schedule related to the tasks perfonned by the CITY or any third party. . Subsurface investigation and remedial action associated with hazardous wastes located within the project limits are not within this scope of services. No hazardous, dangerous, or contaminated soil/ground water is antIcipated on or within the project limits. Should any of these materials be encountered, it will be considered Extra Work. . Electronic contract plan files will be delivered to the CITY in AutoCAD fonnat (latest version) at the conclusion of Phase 2 - Final Design. Preparation of the record drawings will be the responsibility of the CITY. . The analyses, design, plans, specifications, and estimate perfonned or prepared as part of the PROJECT will be in English units. Metric units will not be used on this PROJECT. . The plans will be prepared in accordance with City of Tukwila drafting standards, with WSDOT/APWA standards being the default standards to follow, if CITY standards do not exist. PHASE 2 - FINAL DESIGN TASK 1 PROJECT MANAGEMENT In this task are described those services necessary to plan, perfonn, and control the various elements of the project so that the needs and expectations of the CITY and other project stakeholders will be met or exceeded. Assumvtions: The public participation aspect of the project is described in Task 4 of this scope of services. To accurately establish and manage the total project budget, the CITY will provide to the CONSULTANT their anticipated administrative costs through construction. The CONSULTANT shall generate the estimated right-of-way acquisition costs. The CONSULTANT's Project Manager and/or deputy Project Manager will meet with the CITY's Project Manager on biweekly basis throughout Phases I and 2 of the project. KJickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number" 41113 HNTBIlseaYAJO\projoa 1:\41113\redbcoklcontractldraftccntract\pIUi\draft 10 city 02_08_06.dcc Printed 218/2006 c-INTB Page 13 The CONSULTANT will submit monthly invoices with a written summary of project progress to-date and activities expected for the next month. The workplan components developed in Phase 1 of the project will be used as the guidelines for perfonning the work in Phase 2 of the project. Issues may arise that are beyond the provisions of this scope of work. Flexibility will be maintained in the workplan to address these urgent project issues; however, the reallocation of resources may result in justification for Extra Work. Internal project team coordination meetings will be held on an as-needed basis during Phase 1. These meetings will be in addition tp the coordination meetings held with the CITY, but budgeted as part of the specific work tasks, separate from Task 1 - Project Management. Task 1.2 Issues Resolution In accordance with the Change Management Plan, this task may involve: . Identifying and assessing a given issue relative to schedule, budget, resources, and risk. . Initiating the appropriate action(s) by assigning the issue to specific team member(s) for resolution using the Communication Plan provisions as a guideline. . Monitors the issue resolution progress. . Providing assurance for the timely resolution of issues. . Adjusting the project work plan components as required. The level of effort associated with each individual issue is contained within the appropriate task(s) available to the team member(s) responsible for its resolution. Task 1.3 Measure Project Requirements Maintain the focus of the team members on satisfying the project purpose, objectives, and scope of work. Monitor and confinn that the technical aspects of the project are being performed and prepared in compliance with the CITY's expectations. Verify that the information generated on the project is being filed. Task 1.4 Measure Budget Conformance On a monthly basis, monitor the Phase 1 engineering budget. Monitor the planned versus actual rate of expenditure for each element, and identify trends, taking corrective actions if necessary by implementing the applicable provisions of the Change Management Plan. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase 1\ HNTB Project number' 41113 HNTBI\seawOO\projoa 1:141113Iredbool<lcontractldraftccntrac\lp!Ui\draft to city 02_08_0S.doc Printed 2I8I2GGS CslNTB Page 14 Task 1.5 Measure Schedule Conformance Monitor and modify the Project Schedule on a monthly basis or as needed to detenmne potential impacts of proposed changes. Adjust the durations, predecessor relationships, constraints, linkages, deliverable descriptions and dates, reviews, percent completes, milestones, critical path, and task completion dates to reflect the current status of the project and the revisions made to the work breakdown structure. Task 1.6 Communicate\ Progress Conduct ongoing, proactive, responsive communications with the CITY staff involved in the direction and execution of the project. Attend project coordination meetings (described in Task 1.11). Coordinate the schedule of the reviews to be performed by the CITY. Prepare and submit a monthly progress report that will include identification of work performed in the previous month's schedule, measures for mitigating schedule slippage and identification and discussion of potential problems that may arise. Prepare meeting minutes if necessary and distribute to attendees. Task 1.7 Lead the Project CONSULTANT Team Provide direction to the project CONSULTANT team. Conduct project coordination meetings as required with appropriate task leaders. Monitor the planned versus actual rate of expenditure for each task and take corrective actions if necessary. Collect from each task leader, the percent complete as measured by how much work is left to be accomplished on a task by task basis. Maintain a high exposure to the project team of the issues to be resolved and their potential impacts to the measures of success for the project. Task 1.8 Manage Quality Implement the processes described in the Quality Management Plan to meet the project objectives established by the stakeholders. Perform continual Quality Planning to reaffirm which quality standards are relevant and how they are to be satisfied. Verify that Quality Assurance has been provided for each technical specialty to evaluate the overall project performance on a regular basis and to build confidence that the project will satisfy the current quality standards for the design, drawings, specifications, and cost estimates. Confirm that specific project results are being monitored by each technical specialty through Quality Control activities to detennine if they are in compliance with the quality standards and, if not, that potential solutions to eliminate the cause(s) of unsatisfactory performance have been identified and implemented. Facilitate the identification and assignment of appropriate senior reviewers for each technical specialty. Confirm that the current Quality Control activities are clearly indicated in the Project Schedule. Task 1.9 Manage Change Based on the project budget established by the CITY: Klickilat Drive/Soulhcenler Parkway Access Improvement Project-Phase II HNT8 Project number' 41113 HNTB\\5eawOO\projoa 1:\41113\redbcok\contractldraftcontrac\\ph_ii\drafl to city 02_08_00.doc Prinled 218/2006 MNTB Page 15 1. Identify, Analyze & Develop Change Strategies. Orchestrate the Change Management Plan by logging and tracking potential changes identified from any source (Step 1); facilitating the analysis of the change and determination of its impacts (Step 2), and facilitating the development of a response strategy (Step 3). The specific activitIes associated with completing Steps 2 & 3 on a given potential change will be largely the responsibility of each technical specialty staff. 2. Identify & Analyze Risk of Change. Identify and analyze the likelihood of the potential change introducing risk into the project. Characterize the risk to the extent possible and outline control measures forplinimizing its negative effects. 3. Change Authorization. Communicate the proposed strategy(s) to resolve the change and make appropriate revisions as necessary to gain endorsement for the change (Step 4). Obtain a written change authorization from the CITY, by the City Public Works Director, and from the CONSULTANT, by its Project Manager, as representatIves of the project stakeholders. 4. Workplan Revisions. Prior to undertaking the work as a result of the change, revise the project workplan (Step 5) to avoid misunderstandings, discontent, and poor project perfonnance. Monitor the implementatIOn of the change using the standard project tools and techniques. Task 1.11 Meetings In addition to attending specific meetings as described in other tasks, the CONSULTANT Project Manager and/or deputy Project Manager will attend the following meetings: Meetings Purpose(Frequency) Preparation/Documentation City Project Manager Coordination meetings to discuss progress, action items, budget, schedule, upcoming issues (Bi- weekly, 16 total) Prepare agenda. Meeting minutes summarizing action items, decisions made and strategIes Core Project Team Coordinate team's progress/effort, status (Bi-weekly) Prepare agenda. Summary of decisions made and assigned action items Department of Community Development (DCD) Coordinate permitting requirements/costs (4 total) Document all infonnation given in fonnal letter back to DCD Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBI\seav.1JOlprojoa 1:141113\redbooklconlractldraftconlractlph_ii\draft to city 02_08_0a.doc Printed 21812006 ~NTB Page 16 Task 1.12 Records Management Implement a records management system to log, file, and readily retrieve project documents that are received or generated by the project CONSULTANT team. Maintain a report on the status of requested infonnation. Compile a Project Resources Notebook that contains pertinent project data developed as part of other work tasks described herein (e.g. contents: current schedule, latest progress report, meeting minutes, team roster, etc.). Periodically update the Project Resource Notebook as infonnation is revised. Task 1.13 Cost Estimating Procedures Prepare the cost estimating fonns and procedures that will be used for the evaluation of the alignment alternative developed in Phase 1 of the project. A Planning Level Cost Estimate will be prepared for the selected preferred alternative based on actual bid-tab data with the project costs collected and presented in accordance to the standard WSDOT or Tukwila cost summary fonnat. Task 1 Deliverables: . Project Management Plan, ( 1 copy): . Project Defmition . Project Schedule . Change Management Plan . Quality Management Plan . Communication Plan . Project Budget . Project Instructions . Monthly Progress Report, (1 copy) . Meeting minutes, (1 copy each meeting) . Project Schedule, (1 copy each update) . Written Change Authorizations . Project Management Plan Revisions . Project Resource Notebook, (1 copy) Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNT8\\seawOOlprojoa 1:\41113\re<ibook\contraclldraftcontractlph_iildraf! to city 02_08_06.doc Prin'sd 2I812C<J6 CslNTB Page 17 · Requested Infonnation Report · Cost Estimating fonns and procedures, (1 copy) TASK 2 RIGHT OF WAY Assumptions: . There are no relocations on\this project. . Sign relocations will be considered 'cost to cure' items addressed in appraisals and negotiations. Task 2.1 Preparation The Consultant will review all documents, files, maps, title reports, legal descriptions and other infonnation provided. Errors, questions and clarifications will be reviewed and discussed. Task 2.2 Appraisal In accordance with funding source requirements the Consultant will detennine parcels that may be acquired with appraisal waivers and those parcels that require full narrative appraisals. THE CONSULT ANT will prepare a preliminary funding estimate for the two fee parcels and the two pennanent easement parcels describing each parcel, its ownership, the estimated cost of any acquisition, labor, escrow, condemnation and summary of total right of way phase project costs. Appraisal Waivers will be written for those parcels valued under $10,000 in the Preliminary Funding Estimate process. THE CONSULTANT will hire and manage appraisers who will provide full narrative before and after appraisals for parcels. WSDOT will prepare Appraisal Waivers for the parcels valued under $10,000 in the Preliminary Funding Estimate. Deliverables: Appraisals for applicable parcels. Task 2.3 Appraisal Review Assumptions: . Appraisal Reviews are not necessary for parcels valued under $10,000 according to state and federal funding source requirements. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\seawOO\projoa 1:\41113\redbook\contraclldraftoonlracllph_ii\draft 10 city 02_08_C6.dc<: Printed 21812CC6 MNTB Page 18 THE City of Tukwila will hire and manage appraisers who will provide full narrative before and after appraisals for parcels. The City will set just compensation for all parcels from which offers to property owners will be made. Deliverables: Appraisal reviews for applicable parcels. Task 2.4 Legal documentation THE CONSULTANT will provide signature ready legal documents that will be used to convey fee or pennanent easement rights for all parcels. The Consultant will provide title commitments for each parcel with Schedule B showing exceptions listed. The Consultant will provide all legal descriptions. The Consultant will provide approved right of way and or exhibit maps for the project. THE CONSULTANT staff will maintain all records, files, documents and reports in accordance with statutory and WSDOT guidelines and regulations. THE CONSULTANT will provide the Prime and the city with written status reports on a monthly basis and will provide verbal status reports on demand, as requested. Deliverables: . Legal descriptions; . Right of way exhibits and maps; . Legal documents; . Written status reports. Task 2.5 Negotiation Assumptions: . THE CONSULTANT agents will act in good faith at all times. . THE CONSULTANT staff will never coerce owners in an attempt to settle parcels . THE CONSULTANT will provide WSDOT with a Administrative Settlement Letters for all requested administrative settlement. . THE CONSULTANT staff will work whatever hours are necessary, including evenings and weekends, to make themselves available to owners and their representatives. KJickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\sea....OO\projoa 1:\41113\redbook\conlracl\draftcontrac!\ph_i~draft to city 02_08_06.dcc Prinied 218i2006 CtINTB Page 19 THE CONSULTANT will prepare offer letters for all parcels. The CONSULTANT shall forward all offer to the CITY Project Manager for review and comment prior to distribution to property owners. THE CONSULTANT agents will make at least 3 personal contacts with each owner with the intent of reaching settlement for the conveyance of property or property rights needed from each parcel. The City of Tukwila will approve a condemnation ordinance specific to each parcel affected by this project. THE CONSULTANT staff will explain the city's offer verbally and in writing. THE CONSULTANT staff will provide detailed written diaries for each parcel. THE CONSULTANT staff will transmit organized parcel files containing all pertinent information, documents, forms, diaries, and Disclaimer Statements. THE CONSULTANT staff will prepare a condemnation summary memo for any parcel that the city deems it is necessary to acquire through the exercising of its power of eminent domain. Deliverables: Task 2.6 Closing and Conveyance Assumptions: . Title Clearance is not required on parcels valued under $5,000 according to state and federal funding source requirements. . THE CONSULTANT will clear any liens and encumbrances that are III conflict with the City's intended use of the right of way acquired to ensure certification and that there are no conflicts of ownership or use of the land required during construction. . The city will pay property owners and/or leinholders/encumbrancers for any property or property rights acquired through the closing process. THE CONSULTANT staff will review title for each parcel. THE CONSULTANT will prepare any documents needed for clearing any liens or encumbrances as noted above. THE CONSULTANT will provide the City of Tukwila with complete files at the close of negotiations for each parcel. Included in the Consultant's transmittal packages will be conveyance documents ready for the city to record. Deliverables: Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\seav.{)O\projca 1:\41113\r6<Jbook\contractldraftccnlractlph_iMraft to city 02_08_06.dc~ Printed 21812006 CtlNTB Page 20 Task 2.7 Certification Assumptions: . THE CONSULTANT will provide certification preparation and review. Deliverables: Materials for certification. TASK 3 PERMITTING, Assumptions: . The City will be responsible for generating mailing lists, installing site signage and payment for mailing and newspaper advertisement if necessary if required. . The work completed in this task is to complete the application fonns and compile the filing requirements. A City representative will sign the application fonns and submit the packets to the appropriate agency. . Scope and budget has been included in the subtasks below based on the project design as of January 10,2006. If changes to the project occur after this date, additional pennits may be required and would be considered Extra Work. . Pennit fees will be paid for by the City. . Assumes the NEP NSEP A process has been completed and adopted by FHW A and the City of Tukwila during Phase 1. . No attendance at public meetings is anticipated. Task 3.1 NPDES Construction Stormwater Permit for Department of Ecology Prepare the Notice of Intent (NOI) for the NPDES Construction Stonnwater Pennit from the Department of Ecology. Pennit coverage is required for all construction on sites one acre or larger and when there is a discharge of stonnwater to a surface water (e.g., wetlands, creeks, rivers, marine waters, ditches, estuaries) and/or stonn drains that discharge to a surface water. Prepare the Stonnwater Pollution Prevention Plan (SWPPP) for submittal to Ecology. Assume one round of review and revision by the City and one round of review and revision by Ecology. Prepare the newspaper public notice for review and approval by the City of Tukwila and Ecology. Coordinate with the Department of Ecology staff during review of the NO! and the publication of the NO! in the newspaper. Deliverables: Draft and Final Notice ofIntent Draft and Final public notice for the NPDES pennit Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number 41113 HNTBI\saawOOlprojoa 1:141113\redbooklconlractldroftconlfactlph_ii\draft to city 02_08_06,doc Printed 2J8J2CC6 MNTB Page 21 Draft and Final SWPPP TASK 4 COORDINATION AND PUBLIC INFORMATION The objectives of this task are: the development of a successful design through coordination with project stakeholders and raise awareness of the project through public information. Task 4.1 Public Information \ Assumptions: . The public outreach program developed for the PROJECT will be designed to be flexible, recognizing that adjustments will be made along the way. These adjustments will be the result of close collaboration between WSDOT and the CONSULTANT team The Consultant will prepare for and participate in up to two public open houses/public meetings for adjacent WSDOT or City projects. The Consultant will generate a 'project fact sheet' to describe the project and detail its benefits, schedule and progress. The fact sheet will contain the Project's website address and contact information. To ensure accuracy, the fact sheet should be updated as necessary The fact sheet will be distributed through the Tukwila Community Center, public library and at City Hall. It can also be available "in bulk" to elected officials and Project staff for ongoing distribution and provided to property managers such as the Southcenter Building for "desktop" distribution to tenants. The public information effort will also include the development of a one page detour plan information sheet. The information sheet will be mailed to the following: affected roadway users (local warehousing, USPS, King County Metro, utilities, City ofTukwila etc) and to all postal addresses in the affected area by zipcode bulk mail. Deliverables: . Project fact sheet . Detour plan information sheet Task 4.2 Coordination with WSDOT Assumptions: . This effort will be limited to those elements of the project that WSDOT has jurisdiction. The Consultant will schedule and conduct up to six meetings with WSDOT including the Northwest Region's Traffic and Developer's Services office. The purpose of these coordination meetings will be to finalize revisions to WSDOT limited access and right of way. Deliverables: Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBI\sea,,()Olprcjca 1:141113\redbooklconlIacl\draftconlract\phjMraft 10 cily 02_08_06.doc Prioled 21812006 ~NTB Page 22 . Meeting minutes Task 4.3 Coordination with Westfield Shoppingtown Mall Assumptions: . Westfield Mall will confIrm their fmancial support for the slip ramp during the 60% submittal review period. The Consultant will schedule and cdnduct up to four meetings with Westfield Mall. The purpose of these meetings is to provide coordination between the project construction schedule and Westfield Mall expansion projects and to present the final design of the slip ramp. It is expected that Westfield Mall management will use the information presented in these meetings to confirm their financial support for the construction of the slip ramp. Right-of-way coordination is addressed in Task 2. Deliverables: Meeting minutes for up to four meetings with Westfield Mall. Task 4.4 Coordinate Activities with South center Place Building, Doubletree Hotel and McDonald's restaurant Assumptions: The Consultant will schedule and conduct up to four meetings with each of Southcenter Place Building, McDonald's Restaurant and the Doubletree Hotel during the Final Design of the project. The purposes of the meetings are: to solicit input on the reconfiguration of parking, right-of-way impacts and pedestrian facilities on each owner's property; and to describe impacts during construction. This task shall include the development of up to two sketches for each property to demonstrate proposed pedestrian and landscape treatments. Right-of-way negotiations and parking agreements will be addressed in Task 2. It is expected that the owner/property manager of the Southcenter Place Building will select a layout for the CONSULTANT to further in the Preliminary Design effort. (Task 5). Deliverables: Up to four meetings with each Southcenter Place Building, Doubletree Hotel and McDonald's restaurant. Task 4.5 Displays and Maps The CONSULTANT will prepare large-scale portable graphic displays and maps to depict information for the stakeholder meetings and presentations. Assumptions. Deliverables: Up to 6 portable displays and maps for stakeholder meetings. (planimetric preferred project alternative); maps to be provided in hard copy and in electroniclPDF format. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBIlseav.OOlprojoa 1:141113Iredbooklcontraclldraftcontracllph_iMraft to city 02_0B_C6.doc Printed 2I812C!J6 CalNTS Page 23 Task 4.6 Presentations and media relations Assumptions. The purpose of this task is to raise awareness of the project and its benefits with the general public, and elected officials, business and property owners of the City ofTukwila. Newsletters Infonnation about the Project can be regularly highlighted in the City of Tukwila-sponsored newsletter - The Hazelnut. The Hazelnut is mailed to residents of Tukwila. Newsletters articles can infonn the public on issues such as: . Project goals and objectives. . Project schedule. . Existing conditions on the roadway. . Design alternative. . Public meeting dates and locations. Presentations The Consultant will develop materials for, and participate with, the City of Tukwila in up to four presentations to elected officials, community groups (Rotary Club, Chamber of Commerce). The purpose of this task is to infonn adjacent business and property owners, elected officials and community leaders about the project construction schedule and traffic impacts. Easily updateable power point presentations will be developed that can quickly and dramatically educate the general public and build public support. Additionally, the PowerPoint show can be provided on disk and uploaded to the Project website for further distribution. Media releases The purpose of this task is the dissemination of accurate and timely infonnation to the general public. The Consultant will work with the localized media (including the South County Journal and the Seattle Times-South County edition) to develop project briefings to update them on project progress. The Consultant shall prepare up to four media releases and hold up to three meetings with localized media throughout this task. In addition to transportation writers, briefings should be provided to business editors such as Clayton Park with the South County Journal. The Consultant will ensure that "cc's" of media relations are forwarded to key constituents to emphasize the credibility of the Project and help to heighten awareness of its importance to the community. Deliverables: Up to four one page media releases. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase" HNTB Project number 41113 HNTB\\seawOO\projoa 1:\41113\redbook\contraclldraftconlracl\ph_iildraft to city 02_08_06.doc Printed 212!2C{;d ~NTB Page 24 Task 4.7 Maintain and promote project website Assumptions: The purpose of this task is to maintain and update the project website through Final design. As the primary public infonnation tool on the Klickitat Drive/Southcenter Access Improvement Project the Consultant will update the website on a weekly basis. The website will provide infonnation on project schedule, design, public meetings, funding and construction impacts. Deliverables: TASK 5 ROADWAY Task 5.1 Design) Roadway and Channelization Design (60%, 90% and 100% Assumptions: . Work under this Task does not include preparing legal descriptions. . It is assumed that the existing WSDOT limited access will be revised after the 60% design is completed. CONSULTANT will prepare detailed Construction Drawings, including plan views, profiles, and cross-sections, along with supporting design calculations. In order to develop a basis for a work hour estimate, an estimate of the preliminary plans that are assumed to be required is included below. The project length is approximately 2,500 linear feet along Southcenter Parkway and it is assumed that the project can be covered on five (5) plan sheets plus four (4) additional plan sheets to address improvements required on the new Doubletree Entrance, Strander Boulevard, Klickitat Drive, Slip Ramp to the Mall, and Nordstrom's Mall access. It is anticipated that additional off- site improvements can be incorporated into these sheets. Related profiles will be addressed on separate sheets as quantified below. Plans will be drawn at I" =20' scale unless noted otherwise. Plans will be generated in accordance with the City of Tukwila Plan Standards. Fonnat for plans will be ink or equivalent, on City of Tukwila titlelborder, 22-inch x 34-inch size sheets. The scales to be used, the lettering and the general delineation of the plans will be such as will provide legible reproduction at full scale or when reproduced at one-quarter the original size (50 percent reduction). A total of 48 drawings with an additional 30 cross section sheets are anticipated and will be based on the following sheet breakdown and descriptions: a. Title and Vicinity Sheet (1 Sheet, not-to-scale (NTS)). b. Index and Line Type (1 Sheet, NTS). c. Legend, Abbreviations, and General Notes (1 Sheet, NTS) Sheet will present legend, abbreviations, and general notes for preliminary drawings. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number" 41113 HNTBIlseaY.OOlprojoa 1:141113\redbock\contractldraftcontractlpIUildraft to cily 02_08_C6.doc Plinted 2/8/2GD6 CalNTS Page 25 d. Summary of Quantities (3 Sheets, NTS). e. Roadway Alignment Plan (2 Sheets H: 1" =50' Scale) f. Right of Way Plan (3 Sheets H.l" =50' Scale) g. Roadway Sections (6 Sheets, NTS) Roadway sections for the typical roadway cross- sections for construction. h. Plan and Profiles (12 Sheets, H:I" =20', V: 1" =5' Scale) The plan format will split the plan and profile informatiori, providing each on separate sheets. The plans will include: . horizontal alignment information, paving limits, retaining wall locations and heights and limits of any cut/fill required. . limits of pavement removal and grading limits The plans will include centerline profiles (including location and elevation) to control the vertical elements of the work within the corridor. 1. Channelization Plans (6 Sheets, 1" =20' Scale). J. WSDOT Channelization Plan for Approval (2 Sheets, 1 "=50' Scale with Checklist). This will be a stand alone document and included as an appendix in the Contract Special Provisions. k. Slip Ramp Alternative (3 Sheets including PlanlProfile, Channelization and Details) 1. Project Cross Sections at 25 foot intervals (30 sheets, H:I" =20', V'l" =5' Scale) Deliverables: Construction Drawings at 60%, 90% and Final Level Designs; 48 sheets. Task 5.2 Signals and Interconnect Assumptions: . Signal interconnect to be designed and constructed as part of this project will tenmnate at project limits on Southcenter Parkway. . Video surveillance cameras will not be included in this project. . Vehicle detection will be carried out using the Vantage video image vehicle detection system systems or other as specified by the City of Tukwila. . Communication to support signal coordination will not extend beyond the limits of the project. The CONSULTANT shall complete the development of a Preliminary Signal Plans for Approval and prepare final design and plans, specifications, and estimates for traffic sIgnal mstallations. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase" HNTB Project number 41113 HNTBIlsaa',,~)Q\projoa 1:141113\redbooklcontracl\.draf1ccntract\p!U,.craft to city 02_08_06.doc Pnntad 2i8i2G-J6 CrlMTB Page 26 This task will include the design of signal interconnect between the new or modIfied signalized intersections listed below. . South center Parkway and DoubletreelMcDonald's entrance . Southcenter Parkway and Strander Blvd . Southcenter Parkway and Klickitat Drive . Southcenter Parkway and, Nordstrom entrance Following approval of the Preliminary Signal Plans, the CONSULTANT will prepare fmal design and plans, specifications, and estimates (PS&E) for construction of new and modified traffic signals at the following locations. . Southcenter Parkway and Doubletree/McDonald's entrance . Southcenter Parkway and Strander Blvd . Southcenter Parkway and KIickitat Drive . Southcenter Parkway and Nordstrom entrance In preparing final design, the CONSULTANT shall perform the following work for each design submittal. Final Design (60% Level) Signal systems will be developed to a 60% level of completion, including design details, calculations, outline specifications, and quantities. The following items will be accomplished during this phase of design: . Controller type and location will be established. . Wire notes and wire schedule shown. . Service loads will be calculated . Breaker Schedule will be complete. . Construction notes will be developed. . Signal Special Provisions will be provided in outline format, including Identification of applicable general special provisions, and necessary project-specific special provisions. . Updated estimate of cost for materials and labor to construct the signal system will be provided. Estimates of probable construction cost for signal systems will be prepared for use in Task 13. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNT8\\seawOOlprojoa 1:\41113\redbcok\contractldraftcontract'ptUildraft to city 02_0B_C6.dcc Printed 2!B!2C{)5 CalNTS Page 27 Final Design (90% Level) The following items will be accomplished during this phase of design: . Applicable details will be developed during this phase of [mal design and included in the PS&E for review. . Conflicts between the signal system and other physical features will be addressed. . Order of work issues and temporary signal control, signal display, signal detection and illumination needs will be addressed. . Wiring tennination sheet and input file and display panel sheet will be complete. . Signal system Special Provisions will be completed, including applicable general special provisions, applicable special provisions and project-specific special provisions. . A [mal estimate of cost for materials and labor to construct the signal system will be provided. Final Design (100% Level) In response to 90% review comments, design changes will be made and 100% complete plans, specifications, and estimates revised and prepared for submittal. The City of Tukwila will provide coordination of design actIvities, pennits, and any other projects that may affect the traffic signal systems design and installation. Deliverables: . Signal and interconnect design, plans, specifications and estimate for the new signals at 60%, 90% and 100% design. . Signal and interconnect design, plans, specifications and estimate for the modified signals for 60%, 90% and 100% design. Task 5.3 Illumination Illumination design will include lighting calculations to detennine if additional lighting will be required in the project area. Lighting calculations will be prepared for the depressed section to detennine lighting requirements. . Power for lighting, sign lighting and ITS elements will be included. . Power sources will be identified. . Coordination with the Utility for revised loads. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\seawGOIprojoa 1:\41113\redbook\contraclldraftcontrac\\ph_iildraft to city 02_08_C5,doc Printed 2;8/2006 c-INTB Page 28 . Voltage drop and load calculations. . Design will be prepared to meet WSDOT standards as modified by the City ofTukwila, NEC, IES standards. Assumptions: . Site visit will be conducted to verify existing field conditions. . As-built plans will be used ~o identify existing condUIt, vaults and luminaire type and locations . Lighting calculations will be prepared using AGI32 program to detennine if additional lighting is required in areas of roadway widening. . Luminaires will be relocated where required by roadway widening. New luminaires will be designed for areas requiring additional or modified lIghting. . Wiring and conduit will be installed underground. . Submittals will be required at 60%, 90% and fmal design. Deliverables: . The 60% submittal will consist of plans showing locations of luminaires and power connections, calculations, construction cost estimate and outline specifications. . The 90% submittal will consist of plans, cost estimate and specifications. Conduit routing, wire and cable notes, construction notes, panel schedules and details will be provided. Written response to comments received on the 60% submittal will be provided. . The final submittal will consist of stamped fmal plans, cost estimate and specifications. Written response to comments on the 90% submittal will be provided. Task 5.4 Traffic Control and Detour Plans Assumptions: . The project will be constructed under a full road closure as depicted in the 30% Design Report . Consultant will coordinate the detour plan and ramp closures with WSDOT . Determination of whether the slip ramp is included as part of the project will be made at 60%. Klic!<itat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number; 41113 HNTBI\sea....\JOIprojoa 1:\41113\redbooklcontracl\draitccntracl\pIUMraft 10 city 02_0B_06.doc Printed 21812006 c-INTB Page 29 Work Zone Traffic Control Design Final design for construction staging will develop provisions to provide for the orderly and safe movement of traffic between and through each work area during the course of construction, including work zones, areas open to traffic, sequencing of work to required maintain traffic, and any detours. The CONSULTANT shall develop traffic control plans for the project construction, based on the traffic control plans developed in the 30% design. \ The CONSULTANT shall develop the final design, details, data, calculations, and quantities for 60%, 90%, and 100% constructability reviews. Traffic control plans will be developed using the staging plans identified under in project Phase 1. Traffic control may extend beyond the identified project limits in order to accommodate the work area and traffic control requirements. The intent of these plans will be to identify the major components in each work area and how best to route traffic to accommodate construction activities to build each component. Plans developed will consider and include: . Traffic operations through the proposed traffic control . Ingress and egress locations and control . Identification of impacts to transit operations, and emergency service providers and any mitigation ofthose impacts . Identification of any vehicle types that would be precluded ITom traveling through the traffic revision . Daily or interim lane restrictions . Design of connections to the existing roadway at each end of the proj ect . Identification of pennitted closure periods and periods of operational interruption. . Temporary Signing o Temporary signing for construction staging and temporary traffic control. o Long tenn temporary signing where the selected phase ties into the existing roadway. De/iverables: . Traffic control plans at the 60%,90%, and 100% design levels . Design layouts and details . Quantities and Estimates (60%, 90%, & 100%) Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase" HNTB Project number' 41113 HNTBI\seav.QOlprojoa 1:141113\redbooklcontract\draftcon!rectlphjldraft to city 02_08_06.doc Prinll3d 218/20G6 CcINTB Page 30 . WSDOT detour and ramp closure approvals Detour Plans The final design for traffic detours will develop plans and strategies to maintain access to the Tukwila Urban Center and minimize traffic delay during the course of construction. The CONSULTANT will develop traffic detour plans based on the full closure construction phasing identified in the 30% design. The purpose of the traffic detour plans is to establish detour routes to minimize disruption to traffic on adjacent facilities during the closure of Southcenter Parkway. In this task the Consultant will also develop traffic operations strategies to minimize impacts of construction on adjacent freeways and arterial streets. The detour strategies will include: recommendations for signal timing and phasing on identified detour routes; schedule for coordmation with adjacent projects and re-routing of transit service. The CONSULTANT shall develop the fmal design, details, data, calculations, and quantities for 60%, 90%, and 100% constructability reviews. Detour plans are will extend beyond the limits of the project including adjacent freeways that access the project area. Detour plans will include the following areas: . SR 5l8/Klickitat Drive from the west; . 1-5 from the north; . 1-5 from the south; . 1-405 from the east; . Southcenter Parkway from the north and south, . Strander Blvd from the east; . Westfield Mall. The Consultant team will meet and coordinate with several stakeholder groups to develop the detour plans and strategies. Groups shall include: . WSDOT 1-405 Project team; . WSDOT SR 518 Project team; . Westfield Mall; . Sound Transit; o Tukwila City Council and Transportation Committee; Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBIlsea;>,COIprojC,> 1:141113\redbc<>klccntract\draftccntracllph_ii\draft to city 02_08_C6.dcc Printed 2!8120C6 CiNTB Page 31 . TukwiIa Traffic Management Center staff. . King County Metro Transit & Sewer . EMS . Utilities . USPS & Regional Distributions, Freight Mobility i Detour plans developed will consider and include: . Traffic operations through the proposed traffic control . Identification of impacts to transit operations, and emergency service providers and any mitigation of those impacts . Temporary signing and delineation Deliverables: . Traffic detour plans at the 60%, 90%, and 100% design levels . Design layouts and details . Quantities and Estimates (60%, 90%, & 100%) Task 5.5 Signing CONSULTANT will prepare detailed Construction Drawings. Plans will be drawn at I" =50' scale. Plans will be generated in accordance with the City of Tukwila Plan Standards. Format for plans will be ink or equivalent, on City of TukwiIa titlelborder, 22-inch x 34-inch size sheets. The scales to be used, the lettering and the general delineation of the plans will be such as will provide legible reproduction at full scale or when reproduced at one-quarter the original size (50 percent reduction). A total of 8 drawings are anticipated and will be based on the following sheet breakdown and descriptions: a. Signing Plans and Details (8 Sheets, I" =50' Scale as appropriate, Details may not be to scale). b. TIB & other funding partner signs for Project Deliverables: Construction Drawings at 60%, 90% and Final Level DesIgns; 8 sheets Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number 41113 HNTB\\seawOOlprojoa 1:\41113\redbook\contraclldraftcontractlph_ii\draf! to city 02_C8_06.doo Ptinled 2I6/2C-<:6 ~NTB Page 32 Task 5.6 Landscape Design and Architectural Treatments The CONSULTANT shall meet with City and develop fInal resolution on enhancements. A fmal master plan including elevations and sections will be prepared for purposes of presentation. The CONSULTANT will also develop final design and PS&E (60%, 90% and 100%) documents for the urban design elements as identifIed in the 30% submittal. Elements include pedestrian pavmg, wall fInishes, barriers, pedestrian railings, street trees, slope and accent plantings, irrigation, pedestrian street lighting, fencing and site furnishings. This work also includes coordination with civil, structural, environmental and stonn-water plan development. Assumptions. . Plan development shall be based upon the 30% Conceptual CSS Improvements Plan dated November 2005 and as developed in the CSS process. . Coordination with City for resolution of fInal landscape and CSS elements, ie; wall textures, sidewalk widths, etc. The master plan, sections and elevations will be updated to reflect agreed upon enhancements. . Coordination shall occur with civil, structural, and drainage plans, specifIcations and details. SpecifIcally wall textures, fInishes and colors and pedestrian lIghting. . Artwork or coordination with artist is not included in the scope at this time. . Anticipate 20 bi-weekly meetings. Deliverables: PS&E (60%, 90% & 100%) and Final Design Docmnents, specifIcations and cost estimate. Also included is QAJQC process, coordination and core team meetings. Including: . Paving - Site Furnishings Layout Plans . Site Construction Details including enhanced paving, railings, tree wells, ramps, stairs, site furnishings and other enhancement elements. . Planting Plans . Planting Details . Irrigation Plans . Irrigation Details . SpecifIcations . Cost Estimates The CONSULTANT will also complete a QAJQC process at each submittal phase, attend review meetings with the City (anticipate 4 reVIew meetings), review, respond and incorporate comments into docmnents. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNT8\lse.v.OOlprojc. l:i41113\redbcck\contraclldraftcontracl\j>IUMraf! to city 02_08_05.dcc Printed 21812005 CelNTB Page 33 Task 5.7 60%, 90% and 100% Contract plan sheets Assumptions: CONSULTANT will prepare detailed Construction Drawings; 60% level design through 100%/ Final Design. Submittals will include 60% 90% and 100%; the 100% will be the Final submittal. Supporting design calculations will be included. Fonnat for plans will be ink or equivalent, on City of Tukwila title/border, 22-inch x 34-inch size sheets. The scales to be used, the lettering and the general delineation of the plans will be such as will provide legible reproduction at full scale or when reproduced at one-q~rter the original size (50 percent reduction). Deliverables: Submittals for Construction Drawings at the 60%, 90% and 100% Level Design. TASK 6 DRAINAGE This task will carry forward the drainage design from the 30% design level to final design. This will include fma1 plans, profiles, details, specifications, quantities, and cost estimate as well as an updated Stonnwater Report. Task 6.1 Stormwater Report Assumptions: . This includes incorporation of 30% response to comments, calculations, and updating the 30% hydraulic report. . Additional survey will be obtained (Task 5.2), groundwater monitoring will occur (Task 7), soil corrosivity will be detennined (Task 7). . One (1) coordination meeting with the CITY is assumed during the 60% design effort. . One (1) coordination meetIng with the CITY and WSDOT is assumed during the 60% design effort. . Two (2) site visits, one (1) during the 60% design effort and one (1) during the 90% design effort is assumed. . This scope assumes that the 2004 HRM will be used for design. Should the manual revision be approved by WSDOT and DOE, additional scope and budget will be required for this task. 60% Effort Consider and integrate maintenance access into the design. Perfonn gutter and sag analysis, perfonn the enclosed drainage design including backwater check (Sections A.2.I, A.2.2, A.2.5). Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNT6\\seawOO\projoa 1:\41113\redbook\rontraclldraftrontracllph_ii\draft 10 city 02_0B_C6.doc Prin~ad 218/2C-c6 CelNTB Page 34 Summarize environmental detennination and conditions, pennits, and approvals (Sections 2.1.1, 2.2.1,2.2.2) Revisit design standards and criteria. Potential for the existing condition in the detention calculation to be modeled as existing rather than forested (Section 3.0). Summarize existing water quality of receiving bodies and eXIsting sensitive areas (Sections 4.1.5, 4.1.6). Include special provisions (Appendit F). 90% Effort Update calculations and text as necessary. Incorporate comments received at the 60% submittal. 100% Effort Update calculations and text as necessary incorporating comments received at 90%. Deliverables: 60% Deliverable Submit Stonnwater Report for approval. 90% Deliverable Submit Draft Supplemental Stonnwater report. 100% Deliverable Submit Final Supplemental Stonnwater report. Task 6.2 Drainage Plans, Profiles and Details Assumptions. Drainage sheets will be cut the same as the Utility Relocation sheets. Existing and/or proposed utilities will not be shown on the drainage plans. Deliverables: Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBI\seawOOlprojoa 1:141113\redbooklcontracl\draftcontractlpIUildraft to city 02_0B_06.doc Printed 21812006 ~NTB Page 35 60% 90% 100% Plans 8 drainage plan sheets 8 drainage plan sheets 8 drainage plan sheets Profiles 8 drainage profile 8 drainage profile 8 drainage profile sheets \ sheets sheets Structure Notes 6 drainage structure 6 drainage structure 6 drainage structure note sheets note sheets note sheets Details 7 drainage detail sheets 7 drainage detail sheets 7 drainage detail sheets Specifications 60% construction 90% construction 100% construction specifications for specifications for specifications for drainage drainage drainage Quantities 60% level drainage 90% level drainage 100% level drainage quantities quantities quantities Cost 60% level drainage 90% level drainage 100% level drainage costs costs costs Task 6.3 TESC Plans and Details Assumvtions: TESC sheets will be cut the same as the Utility Relocation sheets. Deliverables: 60% 90% 100% Plans 8 TESC plan sheets 8 TESC plan sheets 8 TESC plan sheets Structure Notes 6 TESC structure note 6 TESC structure note 6 TESC structure sheets sheets note sheets Details 3 TESC detail sheets 3 TESC detail sheets 3 TESC detail sheets Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number. 41113 HNTB\\seawOO\prcjoa 1:\41113\redbcc<\conlracl\draftconlract'.phJi\draft to ci~J 02_08_06.dc-c Printed 218I2C-Ga MNTB Page 36 Specifications 60% construction 90% construction 100% construction specifications for TESC specifications for specifications for TESC TESC Quantities 60% level TESC 90% level TESC 100% level TESC quantities quantities quantities Cost 60% level TESC costs 90% level TESC costs 100% level TESC costs \ Task 6.4 Utility Coordination Assumvtions: One (1) coordination meeting with the CITY is assumed during the 60% desIgn effort. Deliverables: Infonnation will be provided to support Task 5.3. Task 6.5 Environmental Support The purpose of the task is to ensure coordination between the stonnwater design and environmental pennitting efforts. Deliverables: Infonnation will be provided to support Task 3. TASK 7 FINAL GEOTECHNICAL DESIGN SERVICES Assumptions: . No additional borings are anticipated for Phase II. This work will be based on existing data and explorations obtained during the Phase I portion of the project. Task 7.1 Engineering Analyses and Development of Final Design Recommendations Engineering analyses will be perfonned to support the final design of the project improvements. These recommendations will likely include: stability and perfonnance of temporary and pennanent cut and fill slopes; foundations for new bridge/lid structure and other structures such as retaining walls and traffic signal and luminary poles. Klickitat Drive/Soulhcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\sea'MJOlprojoa 1;\41113\redbook\oontrac!\<Jraftccntractlph_iMraft to city 02_08_C6,dc<: Printed 2i8/2V06 ~NTB Page 37 The results of the both the Phase I and Phase II services together with all data and geotechnical design recommendations will be presented in a Draft Final Geotechnical Report for review by the project team. The Consultant will respond to review comments and submit a Final Geotechnical Report following receipt of all review comments. Task 7.2 Earthwork Specifications The Consultant will prepare contract specifications for earthwork including clearing and grubbing, sub grade preparation, structural fill material gradations and placement requirements, temporary and pennanent slope inclinations, and retaining wall and utihty trench backfill. TASK 8 STRUCTURES (BRIDGESIWALLS) The new bridge will be a single span slab structure supported by the soldier pile walls on the east and west sides of the depressed southbound lanes as shown in the preliminary plan. The structure length will be 31 feet from end of slab to end of slab in the direction perpendicular to Southcenter Parkway and 100 feet wide in the direction of southbound Southcenter Parkway. The superstructure will consist of a 5 inch thick concrete topping slab placed on 15 inch deep PC PS flat concrete slabs. Barriers will be designed in accordance with the specifications designated above. Concrete traffic barriers will consist of a moment slab system placed on top of the SE walls and soldier pile walls. Where pedestrian walkways are adjacent to the roadway, a concrete traffic barrier with an arclutectural steel pedestrian rail mounted on top will be used. These barriers on both ends of the bridge will be used as planters and will contain a maximum depth of 2 feet of soil. Full height architectural rail will be present along pedestrian paths and stairs not exposed to traffic and will also be attached to coping on top of the wall. There are 12 walls identified in the project. Soldier pile walls will be used for Walls 1,2,3, and 4 located along the east and west sides of the southbound Southcenter Parkway lanes from SC Line Station 10+60 to 19+75. The remaining walls will be SE walls. The barrier connection to the top of the soldier pile walls and the SE walls will be a moment slab. There will be two sets of stairs with in the project vicinity. Stair Number 2 will be located at the east end of the Klickitat Drive and northbound Southcenter Parkway intersection to provide pedestrian access to Southcenter Mall. The stairs will consist of 2 flights supported by cast-in- place walls. The stairs will be standard 12 inch wide by 6 inch rise. The walls of the stairs will be supported by a spread footing. Stair Number 1 will be located to the southeast of the intersection of Strander Boulevard and northbound Southcenter Parkway. The stair, wall, and railing system will be similar to Stair Number 2. Task 8.1 60% Bridge Design This task includes completion of gravity, live load, and landscaping load analysis; and flat slab and topping slab design. For the following items, size, location, and reinforcing will be Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBI\sea\o,\)Olprojoa 1:141113\redbcoklcontract\draftconlract\pIUMrafl to city 02_08_C6.de<: Printed 2f8I2v~6 MNTB Page 38 detennined. wall abutment, footing, and barrier. Design calculations at this stage will not be checked. Assumptions: Deliverables: None Task 8.2 60% Bridge Detail This task includes 60% plan preparation and drafting of the 24 Bridge Sheets. It also includes hours for coordination; preparation of standard specifications, cost estimate, and quantities; plan checking and corrections; and checking of the standard specs, cost estimate, and quantities. Assumptions: Deliverables: . 60% plan set will include: o Bridge Layout o Typical Section o General Notes and Details o Foundation Layout o Abutment sheets (will show locations and dimensions, but no reinforcing) o Concrete Flat Slab sheets o Barrier Geometry and Barrier sheets (general type and size will be identified, but no reinforcing will be shown) . Standard specifications pertinent to the bridge . Bridge cost estimate . Bridge quantity calculations. Task 8.3 60% Other Structures Design This design task includes completion of gravity, live load, and landscaping load analysis. For the following items, size, location, and reinforcing will be determined. soldier pile walls; barriers; moment slab on soldier pile wall; moment slab on SE wall; Stair 1 and 2, Stair 2 elP wall; and footing. Design calculations at this stage will not be checked. KHckitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number 41113 HNTB\\seay,{)O\prcjca 1:\41113\redboo~\ccnL..cl\draftccn!ract\ph_ii\draft to cirl 02_08_06.dcc Prinled 218/2CiJ6 CulNTS Page 39 Assumvtions: Deliverables: None Task 8.4 60% Other Structures Detail This task includes 60% plan preparation and drafting of the 42 Structures Sheets. It also includes hours for coordination; preparation of standard specifications, cost estimate, and quantities; plan checking and corrections; and checking of the standard specs, cost estimate, and quantities. Assumptions. Deliverables: . 60% Structures Plan sheets will include (no reinforcing shown): o Layout and sections of walls o Stair layout and sections o Barrier and moment slab layout and sections . Standard specifications pertinent to the structures . Structures cost estimate . Structures quantity calculations Task 8.5 90% Bridge Design This task includes completed gravity, live load, and landscaping load analysis; girder design; slab design; wall abutment design; footing design; barrier design and architectural treatment; bearing design; waterproofing and drainage analysis, and design check. Assumvtions: Deliverables: Completed and checked Bridge Design Calculations. Task 8.6 90% Bridge Detail This task includes complete plan preparation and drafting of the 24 Bridge Sheets. It also includes hours for coordination; preparation of standard specifications, cost estimate, and quantities; plan checking and correctIOns; and checking of the standard specs, cost estimate, and quantities. Klickitat Drive/Southcsnter Parkway Access Improvement Project-Phase II HNTB Project number 41113 HNTB\\sBay,1JOlprojoa 1:\41113\redbook\ccntractldraftcc .~ac~~!Ui\draft W city 02_08_06.doc Pr.nted 2i8i2CC5 CalNTS Page 40 Assumvtions: Deliverables: . Completed Bridge Plan set . Standard specifications pertinent to the bridge . Bridge cost estimate \ . Bridge quantity calculations Task 8.7 90% Other Structures Design This design task includes completed gravity, live load, and landscapmg load analysis; soldIer pile wall design; barrier design and architectural treatment; moment slab on soldier pile wall design, moment slab on SE wall design; Stair 1 and 2 design, Stair 2 CIP wall and footing design, bridge lighting and pole foundation design; and design check of all listed above. Assumvtions: "Structures" includes soldier pile walls, moment slabs, stairs, CIP walls and footings, and bridge lighting and pole foundations. Deliverables: Completed and checked Structures Design Calculations. Task 8.8 90% Other Structures Detail This task includes complete plan preparation and drafting of the 42 Structures Sheets. It also includes hours for coordination; preparation of standard specifications, cost estimate, and quantities; plan checking and corrections; and checking of the standard specs, cost estimate, and quantities. Assumptions: "Structures" includes soldier pile walls, moment slabs, stairs, CIP walls and footings, and bridge lighting and pole foundations. Deliverables: . Completed Structures Plan set . Standard specifications pertinent to the structures . Structures cost estimate . Structures quantity calculations. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBIlseawOOlprcjoa 1:141113\redbooklcontractldraftcontractlph_iMraft \0 c. 02_08_06.doc Printed 2/812006 MNTB Page 41 Task 8.9 100% Final Submittal Preparation This task includes addressing and responding to comments; fmal plan corrections; and assembling final package for client. Assumvtions: Deliverables: 100% complete of the following: Bridge Plans, Structures Plans, Bridge Design Calculations, Structures Design Calculations, Standard Specifications (bridge and structures), cost estimate (bridge and structures), anq quantity calculations (bridge and structures) TASK 9 SURVEY Task 9.1 Field Survey for Design Assumvtions: . Supplemental Field Surveys - It is anticipated that a small amount of additional field surveys will be required to collect additional information or verify the functionality of specific design elements. . Pothole Locations - The locations of underground utilities exposed by potholing will need to be surveyed and the information used to update the base map. . Prepare legal descriptions for utility, easements, constructions easements, or property takes. Deliverables: . Updated base map. . Legal descriptions and Exhibit maps. Task 9.2 Define Revised Limited Access line Assumvtions: Calculate the relationship of the revised limited access lme to the centerline of Southcenter Parkway and the SR-5 LE Line. Deliverables: . Updates to Right of Way plans. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number 41 i 13 HNTBi\sea'l;OOlprcjoa 1:\41113'Ie<Jbook\contrac\\draflcontracl'.!)hjMrafl to city 02_08_06.doc Printed 218I2C{J6 CelNTB Page 42 TASK 10 UTILITIES Task 10.1 Coordination with utilities Assumptions: The 30% UtilIty Relocation drawings will not be carried forward with the subsequent design drawings. The items shown to be removed or maintained will be shown on the Site Prep Plans. Coordination by the contractor with the private utilities companies will also be noted on the Site Prep drawings. \ This project scope of work assumes coordination with the following utility providers:: . City or Tukwila - Water service qomestic & fIre, spare conduits for future use . King County Metro - Sanitary sewer . PSE - Power & potentlal gas extension . Olympic Pipe Line - Grading may require revisions to existing depth of cover . Qwest - existing lines may need to be relocated . WSDOT - Power to existing WSDOT signals and lighting may be disrupted and must be maintained during project construction. Deliverables: Consultant will provide infonnation for the Site Prep plans, similar infonnation as shown in the 30% drawings. Task 10.2 Potholing Assumptions: . A permit will not be required for this work, therefore no hours are included to obtain any permits Potholing some of the existing utilities will be required to verify the location and depth of the existing utilities. This will be needed to assist with the design of the new utilities and possibly other new features of the project. It is anticipated that up to two days of po tho ling will be required for two flaggers, locate service and vactor truck. The hours for surveying the potholed utilities are included with the surveying proposal. The native material that is removed by the vactor truck will be put back for the backfill material. Deliverables: Potholed infonnation will be included on the design drawings. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number 41113 HNTBIlseawCOlprojoa 1;141113\redbook\contractldraftccntract\p-lUMraft to city 02_08_06,doc Ptin:ed 218/20{}0 ~NTB Page 43 Task 10.3 Utility Design 60, 90 & 100% The design for the new water system will be on Water System Design Drawings which will include plan and profile sheets, notes and details. There is an existing King County Metro sanitary sewer manhole that will need to be raised and extended to the new finish grade. The Consultant will include details and notes for this work, a landing platfonn with handrails will most likely be required which The Consultant will include details for. The scope of work will follow the same extend as in the 30% design drawing. The plan sheets and scale will either be the same as ,n the 30% or very similar. All design work will be in accordance with the City ofTukwila standards and details. All work for the King County Metro sewer will be done in accordance with King County. Task 10.3.1 60% Submittal Assumptions: The scope of work will follow the 30% design drawings as noted above. Deliverables: . The Consultant will provide infonnation for the Site Prep Plans. This will include infonnation regarding existing utilities to be removed, maintained and the contractor will coordinate with private utilities for the proper disposition of existing utilities. The water system design will include 10 design drawings of plan, profile, notes and details. The existing King County Metro manhole will be designed to be modified as necessary for the addition of the earth fill work. The Consultant will furnish 1 design drawing with details and notes. The specifications will be in a format acceptable to the City ofTukwila. It is expect that the majority of specifications will be on the drawings. The cost estimate will be in a fonnat acceptable to the City of Tukwila. Task 10.3.290% Submittal Assumptions: The 90% effort will based on the work perfonned in Task 10.3.1. Deliverables: See Task 10.3.1. Klic:<itat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTB\\sea'^~Olprojoa 1:\41113\redbook\contracl\draftcontractlph_iMraft to city 02_08_06.doc Printed 2/812006 CslNTB Page 44 Task 10.3.3 100% submittal and Final PS&E Assumptions: The 90% effort will based on the work perfonned in Task 10.3 .2. Deliverables: See Task 10.3.1. TASK 11 SPECIAL PROVISIONS The CONSULTANT shall prepare project special provisions and assemble the contract provisions for reviews and advertisement. Assumptions: Specifications will be developed for 60%, 90%, and 100% level of design completion. . 60% - outline specification and pay item names; . 90% - draft specifications and special provisions; . 100% - completed specifications . Consultant will respond to PS&E review comments and prepare response with red & green revisions, and inserts if required. . The development Special Provisions specific to the proposed project elements that supplement or revise Tukwila's Standard Specifications and General Special ProvisIOns are addressed in Tasks 5, 6, 7,8,9, 10. General Special Provisions The CONSULTANT shall review the WSDOT Local Agency and APW A General Special Provisions and incorporate those that are applicable into the documents for the selected project phases. Deliverables: . 8.5"x1l" paper printout of 60% outline and 90% draft specifications. . Electronic MS-Word run list and inserts with hardcopy reference print. . Copy of master run list with red & green markup revisions and MS- Word document inserts. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBI\seawOOlprojoa 1:\411131redbcoklconlrac\ldraftconlracllp!Uildraft to city 02_08_06.dc-c Printed 21812006 CalNTS Page 45 . QC checklist. TASK 12 DEVELOPMENT OF QUANTITIES AND COST ESTIMATE The CONSULTANT shall prepare an Engineer's Opinion of Probable Construction Cost, with an itemized list in tabular fonn describing specification section, item, and quantity, estimated unit costs and estimated total. This estimate will be based on the preliminary design level estimate developed in project Phase 1. It is understood that any cost opinion or engineer's estimate provided by the CONSULTANT will be on the basis of experience and judgment. Because the CONSULTANT has no control over market condItions or bidding procedures, the CONSULTANT does not provide warranty or guarantee of the estimated costs. Assumptions: Cost estimates will be developed to reflect the following levels of design completion: . A cost estimate for the slip ramp will be prepared in advance of the 60% submittal for review and comment by Southcenter Mall. . 60% level of completion - Draft Engineer's Estimate of probable construction cost for Stage 1 work, prepared by updating previous 30% level of completion "base cost" estimates for the entire project. . 90% level of completion - Draft Engineer's Estimate of probable construction cost for Stage I work, including all pay items included in the Stage I PS&E package. . 100% level of completion - Update of the draft Engineer's Estimate to reflect revised pay items, quantities, and!or unit costs only for the Stage 1 PS&E package. De/iverables: . 60% Design Level- Base Cost Update (quantities and unit costs) . 90% Design Level- Draft Engineer's Estimate of Probable Construction Cost . 100% Design Level- Final Engineer's Estimate of Probable Construction Cost (stamped! signed) . QC checklist. TASK 13 QUALITY The purpose ofthis task is to document and execute the Quality efforts described in Tasks 1 8 and 1.9. The responsibility for this task will be assigned to the Quality Assurance Manager' a Consultant team member who is not responsible for any design elements of the project. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase /I HNTB Project number' 41113 HNTB\\sea\'.oO\projoa 1:\41113\redbcok\contract\draftcontractlph_iildrait to city 02_08_06.doc Prin~ed 2i312G-J5 erlNTS Page 46 Task 13.1 Quality Assurance The Consultant's Quality Assurance manager will: . Ensure that the processes described in the Quality Management Plan are executed by the Consultant team; . Perfonn continual Quality Planning to reaffinn which quality standards are relevant and how they are to be satisfied; . Verify and document that Quality Assurance has been provided for each technical specialty to evaluate the overall project perfpnnance on a regular basis and to build confidence that the project will satisfy the current quality standards for the design, drawings, specifications, and cost estimates. . Confinn that specific project results are being monitored by each technical specialty through Quality Control activities to detennine ifthey are in compliance with the quahty standards and, ifnot, that potential solutions to eliminate the cause(s) of unsatisfactory perfonnance have been identified and implemented. . Facilitate the identification and assignment of appropriate senior reviewers for each technical specialty . . Confinn that the current Quality Control activities are clearly indicated in the Project Schedule. Task 13.2 Change management The Consultant's Quality Assurance manager will monitor scope adherence to identify potential changes. The QA manager will work with Consultant team technical specialty staff to track and document potential changes and, if necessary, complete Project Change Records for endorsement from the City ofTukwila. TASK 14 ASSISTANCE DURING BID PERIOD The Consultant shall provide assistance during the bid period to respond to bidder questions and to assist the City Project Manager. The Consultant shall attend and assist in facilitating a pre-bid meeting for the project. Attendance at the Pre-Bid Meeting shall include up to three (3) Consultant attendees to present infonnation and provide clarification. No infonnation provided at the Pre-Bid Meeting shall supersede the contract documents. Bidder questions raised during the Pre-Bid Meeting will be documented. Effort by the Consultant under this task shall conclude at the date of bid opening. Continued Consultant support after bid opening shall be initiated at the City's discretIOn as outlined in Phase 3 of this scope of work. TASK 15 FUNDING SUPPORT The objective of this task is to identify and pursue sources of project fundmg. Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBI\sea...,-cOlprojoa 1:141113\redbooklc<:mtractldraftcontractl;>.'Ui\Craft to city 02_08_06.0"'" Printed 218/2006 CalNTS Page 47 Task 15.1 Funding Strategy The Consultant will develop a funding strategy plan that identifies potential sources of construction funding. The strategy plan will include a summary table that lIsts all existing and potential project funding sources, current status and a proposed process for securing those funds. Funding sources identified in the strategy will include State and Federal grant programs. The Consultant will identify the application schedule and requirements for each grant program. The funding source table will be updated monthly through the [mal design effort to reflect new funding sources, updated project costs and revised application schedule and requirements. Deliverables: Funding Strategy PI~n (10 pages) Task 15.2 Grant applications The Consultant will prepare applications for grant programs identified in Task 15.1 including additional graphics will need to be prepared to support the applIcations. It is expected that the Consultant will prepare, with assistance from the City of Tukwila, up to four grant applications during the Final Design of the Project. Deliverables: Complete grant applications for up to four grant programs. TASK 16 60%, 900/0 AND 100% CONTRACT PLAN SHEETS - Assumptions: . The CONSULTANT will prepare summary of quantities data in spreadsheet fonnat. . Plans for review will be developed to a 60% level and then a 90% level, and a 100% level of completion. CONSULTANT will prepare detailed Construction Drawings; 60% level design through 100%/ Final Design. Submittals will include 60% 90% and 100%; the 100% will be the Final submittal. Supporting design calculations will be included. Fonnat for plans will be ink or equivalent, on City of Tukwila title/border, 22-inch x 34-inch size sheets. The scales to be used, the lettering and the general delineation of the plans will be such as will provide legible reproduction at full scale or when reproduced at one-quarter the original size (50 percent reduction). Deliverables: Submittals for Construction Drawings at the 60%, 90% and 100% Level Design. Except as noted, the CONSULTANT will prepare the following series of plan sheets for 60%,90%, and 100% level of completion reviews: . Title and Vicinity Map . Index and Line Type . Legend . Summary of Quantities Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase \I HNTB Project number' 41113 HNTBI\seav.QOlprojoa 1:141113\redbooklcontract\dreftcontractlph_iildraft to city 02_0B_06,doc Printed 218/2Ci!6 c-INTB Page 48 . Roadway Alignment Plans . Right of Way Plans; Southcenter Parkway . Roadway Sections . Erosion Control Quantities . Erosion and Sediment Control . Site Preparation quantities . Site Preparation . Site Preparation Details . Utility Relocation Quantities . Utility Relocation Plans . Paving and Channelization Quantities . Plan and Profiles . Channelization Plans . Drainage Structure notes . Drainage Plans . Drainage Profiles . Drainage Details . Utility Structure Notes . Utility Plans . Utility Details . Irrigation Quantities . Irrigation Plans . Irrigation Details . Landscaping Plans . Landscaping Details . Illumination Plans . Illumination details . Signals and Interconnect Plans . Wiring Diagrams . Signing Specifications . Signing Plans . Signing Details . Signing Schedule . Bridge Layout sheets . Bridge Typical Sections . Bridge General Notes and Details . Bridge Wall Sections . Wall Plans and Elevations . Traffic Control Quantities . Traffic Control Plans . Detour Plans Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBIlseay,{jQ\projoa 1:141113\redbcck\ccn:racl\draftcontracllphji\draft to city 02_08_C6.doc Printed 2JB120G5 CelNTB Page 49 TASK 17 PREPARE WORK PLAN, ESTIMATE, AND SCHEDULE FOR PHASE 3 - CONSTRUCTION ASSISTANCE Objective: To identify the work and schedule necessary to design and construct the project improvements advanced through environmental review and completion of the Design Documentation File. Approach: If directed by CITY's Project Manager, the CONSULTANT will develop a detailed work program scope, budget estimate, and schedule for final design, preparation of contract documents, and assistance during bidding, construction administration, and claims management for project improvements advanced through environmental review and completion of the Design Documentation File. Schedule: At completion of Task 15, or before, the CITY will determine whether to authorize this task. Execution of Phase 3 is dependant on funding. Deliverables: Detailed work program scope and schedule for final design and construction of project improvements. Estimated cost for performing fmal desIgn, specifications, bidding, and administering construction and claims management. Based on the CITY approved Southcenter Access Improvement: Klickitat Drive/Southcenter Parkway Area Design Report prepared in Task 10, the CONSULTANT will develop and negotiate with the CITY to establish the scope of services and associated budget for Phase 2 - Final Design. Deliverables: Phase 3 -Scope of Work and associated budget for Construction Assistance PHASE 3 - CONSTRUCTION ASSISTANCE The following tasks are not currently budgeted in this contract. The outlme of services for Phase 3 - Construction Assistance represents the CONSULTANT's present understanding of the potential services to be provided. Following the preparation of the contract documents (Phase 2), the level of effort for Phase 3 will be established and negotiated as part of completing Task 16, and the contract amended accordingly. The task listing is provided in this scope for clarification that Phase 1 does not represent the total services to be provided under this contract. Task 1 Project Administration Task 1.1 Supervise CONSULTANT's staff Task 1.2 Requests for Infonnation (RFI's); Plan interpretation Task 1.3 Change Order Assistance Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNTBIlsea",iJGlprojoa 1:141113Irsdbcok\contract\draitconlracl\!:h_ii\draft to city 02_08_06.doc Printed 218/2C.oo c-INTB Page 50 Task 2 Preconstruction Conference Task 3 Construction Review Services Task 31 Review Shop Drawings. Task 3.2 Review Contractor Submitted Data. Task 4 Construction Observation Klickitat Drive/Southcenter Parkway Access Improvement Project-Phase II HNTB Project number' 41113 HNT8\\seawOO\projo3 1:141113\redbooklconlractldraftconlract\pIUildrafllo city 02_08_06.dcc Printed 2f312CXJ6 ID I . 3 4 5 .... 8 10 11 la '-'-'14--- 15 17 18 56 22 23 24 ' 25 27 31 33 37 36 33 46 .42 43 -44 -47 40 —kr - __........... Tat.k Nemo E-A Consultant NTP 016./n Mon3/13/06I 2 Doc CUBA submitted 0 days Mon 2/27/08 ■ o. CEIBA ApprOW6boiiC64‘nce 1 8 040, Mon 2:/27108 , Pro4so1 Management 130 day. Mon 3113100 , DI-Wool/1y Mooting, with ally 2 seks Mon 3/13636 18one/1Mo/solution 2 wits Mon 3/13106 1 subconstitunt Manama./ 1 ' ' 4 Wki, Mon 314343 , Chango Management 20n ',Ann 3113/06 Sonodula Msnagonsoni 2 aiks 14. aii3/66 ■ Budgot Management 2 wks Mon 3113/08 , Right of Way 13240g. Mon 3/13106 , Propandlon 1 wk Mon 3/13/06 Appraisal 4 wits Mon 3/13/06 , Appraisal Rovlow 2w/I. Mon 4/10/06 Logo/ DocurnentaWsn 3 wk. Mon 4/24/06 i No/oath/lion 1310410 Mon 424/06 , Closing and Convey/Irmo 4w/In Mon 7124/06 Cord/kat/on 4 wk. Mon 8/21/06 1PermI1eng 40 days Mon 4/10/00 NPOES Pam* 60110 Mon 4/10/06 ' Local Pormlt Support 2w/In Mon 5/22/06 Coodlnation Public Information ! 112 days Mon 3113106 Wesdield Moll 2 wks Mon 3/13/06 Soulhoontor Place 2 wks Mon 3113/06 MoDonakis 21.110 Mon 3/13/06 WSDOT 20410 Mon 3/13/06 angular 1 wk Mon 3/13/06 , Sons 110/1 Mon 3/13706 Wobslto Updatos 2 wks Mon 3/13/06 Public Moodngs 2w/in Mon 3/13/06 ' Roadway 115 days Mon 3/13/06 Oa% Design j 45 days Mon 3/13/06 Roadway and Chars/MI./Ion ClosIgn - 60% 4 wks Mon 3/13/08 Slip Ramp 10 00001? 6 days Fri 4/7/06 Signals 6, ITS - 60% 4 wlos Mon 3/13/06 llow/no/on 60% Ow//n Mon 3/13/00 Traffic Control 6 Dolours 6w/In Mon 3/13/00 Signing 2 wks, Mon 3/13/08 Lund/maga & Into/ion Don/go , 4w/in Mon 3/13/06 Assuinblo GO% Submittal 104/ Mon 5/6/06 ' 20% Design , 40 days Mon 5115/011 , , Roadway and Choi/nu/Ration DesIgn - 80%. 4 wks Mon 5/15/08 Slossilo & ITS 60% 40.6/0 Mon 5/15/00 Illumination - 60% 4w/In Mon 5/15/00 TraMo Control /4 Oolours ' 4w/In Mon 0/15/08 Signing 1 wk Mon 5/15/00 Landscape 8, lnigation Design 2 Mos Mon 5/15/08 Assemble 00% Submittal 1 wk on 7/3/06 100/% Doolgn 30 dos Mon 7/10106 ......_.--_____...._......_.------ 1/28 ■ 2/0 , 20'7 ',211firg/gRi W3 ' Wig 4113 , •4/27 r*Vir5(251 4(2_1 Iii LitIol4m '41301 5/7 ' 5(14 T6i2.1 '5/ 5 i 614'10/1106' 5(25 7/2 1 7/0 7/101712317/30 , 17(5 iefla r 5(25-Iiiig Lpta 'gm lAiijciiiJ19/1310/4 1'0/15'10/27 .10/23' 11/5 '11/12.11/ipiiga' , ' ' '' """'" ""."."'""*"."."..""".."."."""""" 4 El HNTB """" """"""." "."*"." ...-.......". ""."..."' "."'"""".".".."."'""*".".""n"...""."."'"'"' ".-“,... ED MOTE 111.1 I... ' HI 0 ONTO ....„...., . . . . - . . ... . „ , , ..... ' ' , , , , . 1 0 NOTE : ONTO 1:1 /INTO ,/, CL8 Altant , ..N,;./, ,,,p, :: ±:,, .,1:., , 41ty Cons , . I I r,,/,,:M1.',,'`.'•/.:'1,1,:1 DI-S ,. . , '4.19 , • ... A. ./:;,, //,,,1 MDR ' 11NT1311113R HNTORIDR HNTB/HDR HNTB/HDR 0 HNTB/HDR HNTB/HDR . 4/7 T , , ' , 1 1`,/: :,,,H4,1 [,, "., I/Op 1-417311 L IL LL 111111111=11.11 T4"---- '-; ; ISSAS Ploject Tukwila Phaso 2 Schodulo Datm Too 2/7/06 Task 1.,.7,/ /,/V/■• ,,,,.'.0.,..,1 Milos/ono 110" ROW Up Critical Task r-7-7-7.77-7 SON Crtlical Took 1,13111301511110/ Rollod Up Milostono 0/ External Tosks 7' ,-.' /I, ! Deadline Progreso 53111MIMIIINIMOS Rolled Up Task 1.;..t..,,,,..:, ,..,','/,; 0,1 Rolled Up Progreso 111111111111111SMORR Protect Summary Ir1316111311.9 Pogo 1 ID 51 53 ' 54 . "5' .... .._5.. .. _ .. . ... 58... ..._SU .... 08 61 ..._62 .. .....69 _. _.64 .... 65 G6 67 ' 88 ... "s3 ... S6 7i - 72 • i3 ... 74 ._. ,... 75.. ...--ii- Ti. ---.73- .0.- 81 ._, 82.... BJ -� UC ' 65 -• 88�• 07 . " U8 • 08 60 84 - 92 83- .._ 9_4 _..... —9S - 06 ._.07 98 00 x00 I' Task Norno Duration Start ,.__.. ® _. _...0 .__�. �1_ —' koadwaY oM Channollio6on Doai n 80% 4 days Mon 7/10/06 Signals B ITS -60% 2wks Mon 7 /10/06 .. ' Illumination -60% 3wka Mon7 /10/06 i Tru01c Control 6 Delour8 2 wka Mon 7/10/08 Signing � 1 wk Mon 7/10/06 � Landmhb100 %SWmlbo6�1 2v�ks Mon 7 /10106 . 1 wk Mon 8/14106 , Drainage 1 OO dnya? Mon 3/13/OB Stormwelor Report 4 Wk. Mon 3113/06 60% 'Submittal 40 .days Mon 5113 /08 0,01.90 Plans, Profiles, 8 Dotalls B wits Mon 3/13/06 TESC 91060 8 Dolallo 4 wits Mon 3113/08 ', Utility Coordination 4 vAw Mon 3113/08 60% Drainage Padw0o 0 days Fd 5/5/08 90% Submittal I 16 days Mon 0/0/06 Drainage Plans, ProOlos, 8 Details 3 wke Mon 5/8/06 TESC Plans & Dotage 2 wka Mon 5/8/06 Uglily Coordhwlon 2 vow Mon 5/8/06 90% Dro Wage Package 0 days Fri 5/26/06 100% Submittal i 10 days Mon 5/29106 Drakwgo Plans, Prol60o, & Doings ' 2 wits Mon 520/06 TESC Plans 8 Details 1 wk Mon 5/29/06 , 100% Drainage Package 0 days Fri 6/0106 Environmental Support 1 day? Fri 5/19/06 �•Geotuehnlcal 62 days Mon 3113/08 E3 Final Goolochnlwl5fudy 2 wits Wed 328/08 Earthwork SpedSulkrw j 2wks Mon 0/19/08 ' Gaotochnleal Support 2 wits Thu 3l30/06 GreuMwator Monitoring i 2 wow Mon 3/13x08 Additional Borings- if Requkod 20A5 Fri 5/26106 Stlucturea 100 days Mon 3/13/06 60% Submittal 40 days Mon 3/13/00' Bridge Donlgn B wits Mon 3/13/08 I Bridge Details i 4wka Mon 3/13/00 OUwr S/uctros (Wogs) i Owks Mon3/13/06 , 00 %Skuduroa Package 0doya Fri 5/5!06 00% Submittal 40 days Mon 5/0/08 Bddgo Design B wka Mon 5/8/08 Oddgo D0ta08 4 wits Mon 516 /00 OUwr Structural; (Walls) 6 wits Mon 518/(18 00% Soudan,. Package 0 drys Fri 6/30/06 100% Submittal 20 days Mon 7/3106 Bridge Design 4 wk0 Mon 7/3lUB Bridge Dotalw 2 we Mon 7()108 Other Slnrcturoa (Wags) 3wka Mon 7/3/06 100% Simonson Package 6 days Fri 720/00 © win Wed 46 slays Mon 32 0/06 Field survey for design ' 2 Wad 3/29/08 i DaMe Revised Limited Aoceaa Una 1 wk Mm 320!08 Documentation 8 Reporting 1 wk 'Mon 327/08 ..jFR4NOB(_....,.._ _IMarch_.._ 13 315_��l.313/1913RP.,.a!S.,N B.. 1... .. j I� ' ' Ilk" ,..._.j tw .:Moo f 4/ '-4. . 4/„ 3_9/7P.��9 _ /3.T_ @.1 1191/0 74(577_, _. -._ -s/ 1Ci 6f3�Tsr39._Pl i„ 4_ 1,. r u'7 X4!1 Pl1R,,5/3'... ..._..,_.. 3 •�•' 19[..R, 7/8j4(1617/:23.171.301.0.11.1611.3.1P.29_16/27.16/1. NDR 1 017 9l..0.0/6.10/16,./9/22 ' .1.19134 r 1 i I i N"T4 r'' rs— "PTY u' J i uyro 1. . [• '_ 4 '''"t / ' r., , -q;.p„•.,;1 u,• "• -.INTO ' "' • "'= I i -f . • ',' ',;' ;• I TO -ti r. I,..., r u„ i:. � I- NNTY ---� �' ,• ,., „r, II *��l r ' ' { " w5 •' �� PEW 1 �� NNTB T: "•: ':•,, I ..; 1 I _ • , 3o � I NTB IlT a/n LI D4IINTB ".. 'r,v •,'., II ® .,,.,.. „'.,' .;.'..,,..,n GEO t.' GEC '�, ".,,.-;,r GEO IMMII1M GEO ,,.:, NTB TB •JS t „ ", �' " o I;y, P'Y `ry1 r r :, U30 , 1-NNT 4 I I a PACE I ' N ° T' JNTB '/30 .. ..1 :'I•.NM}6 �, 4; ® MB •.••LJ••.,.„. .•,••.. 11•,•...•gr• ACE PACE Naiad: 2 SchodWu Data: im 2/7/00 Task r i „ "Jrfv t Milestone O Roped Up Critical Task I'; ;. �•.::�;I Spilt Critlu1 Task I S n oy Robed Up Milestone Q Enema Testa {4°r l%r Deadline ,5 Progress X11® Rolled Up Task I:7 °.,',.rt,.!,rt•,,i,,,1� Rolled Up Progress ® Pro)ect Summary Page 2 10 1704/ Name Duration Start 101 lition 110 din. Mon 3/13/08- '102 CoonainatioeW/ Ulli Compordos 2 wks Mon 3/20/00 103 104 )05 106 109 110 111 112 113 117 ill 120 121 124 125 120 131 —132 137 130 -100 142 Eli Potholing UOOty Dosign - 60% Utility Donlon - 90% Oosign 100% SpecifIcationa 'Run Usi rend Spacial Provisions for 60% Full Specifications 90% Final Spoollic06004 nk% Emknate Update quantillos & Estimate -80% Updato quantltlos & Estimate -00% Final cost estimate QC Intorno! QC 00% !Memo' QC 90% Intomal QC - 100% !Funding Support Drool Application Pursuit Grant Application pursuit Grant Application pursuit !Anniston. During Bid Poriod Pre-Bld Crmforonoo Prop Pro-Bid Conference Respond to Bid Quastions Addenda Submittals 60% Submittal 60% to City 60% Common from City Incorporate Comments 90% Submittal 90% to City 00% to WSDOT 90% Commonts from City 00% Comments from WSOOT Incorporate Comments WSDOT Apr:navel 100% Submittal 100% to City 100% Common% from City Incorporate Comments 1 wk 8 wics 8 wits 4 Mai 80 days 2 Mos 4//Ad 2 wks ft days 2 wks 1 wk 1 Mr 75 days 1 wk 1 wit 1*9 73 days 1 wk 1 wk look 85 days 1 wit 0 days 30 days 2 wks 05 days 15 days 0 days 2 wks lock 35 days 0 days 0 days 4 wks 4 wk. 2 wks 0 days 15 days , 0 days 2 wks 1 wit Wod 4/5/08 Mon 3/13/08 Mon 5/22/08 Mon 7/17/06 Moo 4/2440 Mon 424/08 Mon 13/5838 Mon 7/31/00 Mon 4/24/00 Mon 4/24/08 Mon 6/20/06 Mon 8/7/08 Mon 5/10/06 Mon 5/15/06 Mon 7/10/08 Mon 8/21/06 Wod 5/3/118 Wod 5/3/08 P.10/3/006 Mon 8/1/08 Mon 7/31/00 Mon 7/31816 Mon &WOO Mon 9/18/08 Mon 9/25/06 Fri 5/16816 Fri 5/19/00 Fri 5/19/08 Mon 5/22/08 Mon 8/5/06 9,1 7/14/96 F ri 7114/06 Fri 7/14/08 Mon 7/17/08 Mon 7/17/06 Mon 8/14/00 P40/20/08 Fri e725t06 P./8/25400 Mon 0/28/08 Mon 9/11/08 Advortlso 0 days P40/85406 Old Period ' 30 days Mon 9/16r06 OldOpening 0 days Fri 10/27/06 148 Award , 15 days Mon 10/35/08 Contractor NTP , 0 days Fri 11/17/08 3/12 13iiin ir2s r 412 4130 I "61'21-F6128 1 6/4"1.6/1i78/18 16)251 7/2 77477/-fi /2--[i30 7'•" 9°*".• • ...... 8/6 et P. IM 412Z.t.99...e119..131171*0.J.12LIJ.19(P.3,413,m:k39.12911.10A1b4 441Y Ayous■ PACE 1/TB 4;...r. 9/15 ALL ALL ' 494 40-410Q7 [ ito 11/17 Project: Tularan Phase 2 Schodulo Dui°, Tuo 2/7/06 Task Critical Task Pray*. Weston° L....2:—CLA 03010MIMIMOMMEIM Rolled Up Task • Rollod Up Critical Task FT, op/it 11021121M1.3154. RoOnd Up Miosiono External Tasks Rolled Up Progress 11111211113113=3119311 Pro/not Summary rrr rrrr r rrr rrr', rri MEM. Group By Summary VillIMMINPI Doadlines Pogo 3 Fee Summary South center Access Improvement: Klickitat Drive/Southcenter Parkway Phase 2 - Final Design and Permitting Exhibit C-1 Payment (Lump Sum) Task Total Task 1 Project Management $156,996 Documentation in support of Tasks 1.1 through 1.13 Task 2 Right of Way $40,000 Preparation, Appraisal Revie;w, Legal Documentation, Negotiation, Closing and Conveyance and Certification Task 3 Permitting $55,000 NPDES Construction Stormwater Permit, Local Permit Support Task 4 Coordination and Public Information $55,000 Public information, Coordination with WSDOT/Westfield/Southcenter Place Building/Doubeltree Hotel/McDonald's, Displays and Maps, Presentations and Media releases, Project Website Task 5 Roadway $738,000 Roadway and Channelization, Signal and Interconnect Design, Illumination, Traffic Control and Detour Plans, Signing, Landscape and Architectural Treatments Task 6 Drainage $265,000 Stormwater Report, Drainage Plans, Profiles and Details, TESC Pland and Details, Utility Coordination, Environmental Support Task 7 Final Geotechnical Design Services $24,000 Engineering Analyses, Earthwork Specifications Task 8 Structures (Bridges/Walls) $400,000 60% Bridge Design and other Structures Design, 90% Bridge Design and other Structures Design, 100% Bridge Design and other Structures Design Task 9 Survey $26,000 Field Survey for Design, Define Revised Limited Access Line Task 10 Utilities $80,000 Coordination with utilities, Potholding, 60%, 90% and 100% Utility Design Task 11 Spacial Provisions $30,000 Fee Summary South center Access Improvement: Klickitat Drive/Southcenter Parkway Phase 2 - Final Design and Permitting Exhibit C-1 Payment (Lump Sum) Task Total General Special Provisions and Project Specific Special Provisions Task 12 Quality Quality Assurance and Change Management $20,000 Task 13 Development of Quantities and Cost Estimate $20,000 Task 14 Assistance During Bid Period $30,000 Task 15 Funding Support $21,000 Task 17 Prepare Work Plan, Estimate and Schedule for Phase III $12,000 Allowances (Public Information) $10,000 ent Reserve- u6L6 \. e:. --=$-75;600 ~ Total Lump Sum Amount ~$;,::;,::: . i! //182-( 91G ~ Transportation Committe~ February 13, 2006 Present: Joe Duffie, Chair; Pam Carter, Joan Hernandez Jim Morrow, Steve Lancaster, Dereck Speck, Frank Inarte, Bob Giberson, Gail Labanara, Cyndy Knighton, Robm TIschmak, Chuck Parrish, JlTIl Soukup; HNTB 1. Sound Transit 2 Sound Transit hopes to present a fmal lIst of projects to voters this fall as Sound Transit 2. Steve presented the six projects that directly affect TukwIla. A letter from the Mayor to Sound Transit will list the CIty'S pnonties. The current order IS Project S 17 Sounder Pennanent Station at Tukwila, S13 Express Bus 560 (double service), S3 Link LRT (study future lIght rail lines in South KC), SII Express Bus (shadow the Sounder runs with buses for expanded service to the stations), S24 Sounder Expanded (add 12 additional tram trips) and fmally S10 Express Bus (Kent to SeaTac airport). Steve said the bulk of the election material will probably include lIght rail to Northgate and south to Federal \Vay. Joan asked if the TukwIla station was always just a platfOlm and Pam told her that only those wIth parking garages have "stations". Information onlv. Committee agreed with prioritized list. will return to TC and COW as Sound Transit pares down the list of projects. 2. 2006 Overlav Program Consultant Selection TIme to design the 2006 Overlay which includes a wall design along Slade Way in response to the current landslIdes, Macadam Rd includes curb, gutters and sidewalks for the Nonned mitigation that was receIved in 2005 and the Intersection ofBAR/EMW where we have a federal grant. Pam requested that the scope of work be changed from listing Pac Hwy to Tulcv'\.'.a Int'l Blvd. There is $100,000 budgeted for design. Pam asked what would happen if the same contractor bid on tills project that dId a substandard job on BAR/EMW, could we refuse the bId? Jim told her yes, they would be consIdered not responsible as we mvestigate the references ofthe contractor. Jim also said that we will now have to advertise for every consultant on federal projects as opposed to our current practice of using the consultant works roster, willch wIll add 3-4 weeks to the project and additional costs for advertIsing. Unanimous recommendation to send Consultant Agreement for 2006 Overlav to CO'W and Regular meeting for Mavor's signature. ~ , J 3. Klickitat/SC Pkwy (Tukwila Urban Center Access Improvement Project) Consultant Supplemental Agreement Jim handed out a new sheet explaimng the costs and the funds available. Phase I of desIgn with HNTB was for only 30% and we are pleased with their progress. ThIS supplement will finish design wIth the hope to advertise for constructIOn by the end of2006, If funding is available. Joan asked about the pedestnan stairs that will connect Klickitat walkway into the mall and Pam C confmned that the sIgnals wIll be vIdeo and not traffic loops and wIll be hooked up to the other signals m the CBD. Also confinned that the Arts Commission will be told on 3/7 about this project and the Transit Center for input of public art. As funding IS expected and not confinned, HNTB will be given incremental Notice to Proceeds to correspond with approved grants and we would be able to stop if there is a fundmg change. Unanimous recommendation to send Consultant Supplement to CO\V and Regular meeting for lVIavor's signature. C:\Documents and Settings'.Gail\My Documents\WINWORD\TC Minutes 2-13-06.doc Page 1 of2 COUNCIL AGENDA SYNOPSIS ITEM NO. I�1 1 Meeting Date Prepared by 1 Mayor's review Council review .�1'`` 'f 2/27/06 FI ,v r' 1,1144, t z t 3/6/06 1 L k ITEM INFORMATION CAS NUMBER: 06-027 ORIGIN AL AGENDA DALE: FEBRUARY 27, 2006 AGENDA ITEM TITLE Time Warner Telecom Franchise Agreement CATEGORY Dzscusszon Motion Resolution Ordinance Bid Award Public Hearing Other i1'tg Date 2/27/06 Mtg Date iVltg Date Mtg Date 3/06/06 Mtg Date ilig Date illtg Date I SPONSOR Council "vi Adm Svcs DCD Finance Fire Legal P&R Police PIY/ SPONSOR'S Time Warner Telecom is requesting a franchise to install, operate, and maintain a fiber SUMMARY optic system in the City's right -of way. The ordinance will renew their current locations and add the route along E Marginal Way S from Interurban Ave S to S 133 St and then continues east on S 133 St to Interurban Ave S. Other than accessing manholes and pulling fiber, no other construction activity will occur in the City's right -of -way. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte El Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 2/22/06 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Ordinance granting franchise. COMMITTEE Forward to COW and then Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments. I MTG. DATE 1 RECORD OF COUNCIL ACTION 2/27/06 3/6/06 MTG. DATE 1 ATTACHMENTS 2/27/06 Information Memo dated February 23, 2006 (revised after UC) Ordinance with Exhibits Utilities Committee Meeting Minutes from February 22, 2005 3/6/06 I I 1 I I INFORJ.vIATION MEMO Date: Subject: Mayor Mullet Public Works Directo~ February 23, 2006 Time Warner Telecom Franchise Agreement To: From: ISSUE Should City Council approve Time Waqier Telecom's Franchise Agreement? See attached proposed Franchise Agreement. BACKGROUND Time Warner Telecom is a telecommunications company that provides a wide array of data, high-speed internet access, and voice communications services The services are provided using company-owned switching and redundant fiber optiC facilities Since the late 1990's, Time Warner Telecom has expanded its network to over 20,000 route miles of metro and regional fiber in over 44 U S markets. DISCUSSION Time Warner Telecom submitted a complete franchise packet on January 14, 2006. The Company intends to expand its fiber optic system by purchasing conduits from McLeod USA. The conduit system is located on E Marginal Wy from Interurban Ave S to S 133rd St. The system continues east on S 133rd St to Interurban Ave S. Other than accessing manholes and pulling fiber along the conduit route (see attached map), no other construction activity will occur in the City's nght-of-way Council has the authority under the Revised Code of Washington (RCW) to grant Time Warner Telecom a nonexclusive franchise for the use of the public right-of-way. The grant is conditioned upon compliance with Federal, State, and Local regulations. Time Warner has satisfied all the requirements necessary for approval. RECOMMENDATION Present to the Committee of the Whole for discussion and adoption decision. FI:ad attachments. Final Draft Franchise Agreement Time Warner Telecom Fiber Optic System (p:alice\Information Memo-Time Warner Telecom Franchise) 2~'; ;]] 1J ~ U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO TIME WARNER TELECOM OF WASHINGTON, LLC, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS TRANSMISSION LINE IN CERTAIN PUBLIC RIGHTS-OF-WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. \VHEREAS, Time Warner Telecom of Washington, LLC hereinafter referred to as "TI^1TC/' is a competitive telecommunications company providing voice, data and internet broadband access services; and WHEREAS, TvVTC's desired route through the City of Tukwila, hereinafter referred to as "City/' requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of a telecommunications system that includes fiber-optic cables; and WHEREAS, the City Council has determined that the use of portions of the City's rights-of-way for installation of telecommunications transmission lines is appropriate from the standpoint of the benefits to be derived by local businesses and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights-of-way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights-of-way is necessary to ensure that the burden of costs for the operations of non-municipal interests are not borne by the citizemy; and WHEREAS, the Revised Code of Washington (RCVv) authorizes the City to grant and regulate nonexclusive franchises, for the use of public streets, right-of-ways and other public property, for transmission of communications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKV\TJLA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non-exclusive Franchise Granted. A. The City hereby grants to TWTC subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for an underground telecommunications transmission system, which includes fiber-optic cable, within the City-owned rights-of-way generally described in Exhibit A, and hereinafter referred to as the "franchise area." B Such Franchise shall not be deemed to be exclusive to TWTC and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to TWTC provided, that such other francpjses do not unreasonably interfere with TWTC's exercise of C\Documents and 5ettitlgs\All Users\Desktop\Kelly\}"ISDATA \Ordinances\ Time Warner 2-D6.doc FI:kn 2/24/2006 Page I of 7 franchise rights granted herein as determined by the City This Franchise shall in no way interfere with existing utilities or in any way limit prohibit or prevent the City from using the franchise area, or affect the City's jurisdichon over such area in any way' Section 2. Authority The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provislOns of this Franchise Agreement, and may develop such rules, policies and procedures as he or she deems necessary to carry out the provisions contained herein. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of three years from the effective date of this ordinance. This Franchise shall not take effect and Ti^lTC shall have no rights under this Franchise unless a written acceptance 'with the City is received pursuant to Section 4 of this agreement. If TWTC requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to TWTC prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions The full acceptance of this Franchise and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B Failure on the part of TWTC to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The folIo-wing provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6 A. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the franchise area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, TWTC shall within 24 hours of the emergency, obtain a permit from the City of Tukwila Department of Public Works. B. Coordination. A City inspector shall inspect all capital construction projects performed by TWTC within the franchise area. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. C. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for TWTC within the franchise area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to City's development guidelines and standards and comply with Title 11 of the Tuk\.vila Municipal Code. D Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Director of Public Works. E. Relocation. 1. Within 90 days following written notice from the City, TWTC shalt at its O\ovn expense, temporarily or permanently remove, relocate, place undergrmmd, change c: \ Documents and Settings \All Users\ Desktop \Kelly\ lvfSDA T A \Ordinances \ Time \Vac1er 2-05.dcc FI:kn 2/24/2006 Page 2 of 7 \ or alter the position of any facilities or structures within the right-of-'Nay whenever the City has determined that such removat relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any City or other public improvement in or upon the rights-of-way 2. TWTC may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. Such alternatives shall include the use and operation of temporary transmitting facilities in adjacent rights of way The City shall evaluate such alternatives and advise TWTC in writing if one or more of the alternatives are suitable to accommodate the work, which ""ould otherwise necessitate relocation of the facilities. If requested by the City, TWTC shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by TWTC full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, nVTC shall relocate its facilities as otherivise provided in this section. F Removal or Abandonment. Upon the removal from service of any fiber optic system or other associated structures, facilities and amenities, TWTC shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by TvVTC may be abandoned without the express written consent of the City G. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, TWTC shall upon the request of the City, furnish a bond executed by TWTC and a corporate surety authorized to operate a surety business in the State of '^lashington, in such sum as may be set and approved by the City as sufficient to ensure performance of TWTC's obligations under this Franchise Agreement. At TWTC's sole option, TvVTC may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City The bond shall be conditioned so that TvVTC shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective work or materials discovered in the City's roads, streets, or property H. "One-Call" Location & Liability. TWTC shall subscribe to and maintain membership in the regional "One-Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to TvVTC's system components or for interruptions in service to TWTC customers which are a direct result of work performed for any City project for which TvVTC has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One-Call. The City shall also not be liable for any damages to the TWTC system components or for interruptions in service to IvVTC customers resulting from work performed under a permit issued by the City 1. As-Built Plans Required. TWTC shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current AutoCAD version prior to close-out of any permits issued by the City and any work undertaken by TWTC pursuant to this Franchise Agreement. The City shall determine the acceptability of any as-built submittals provided under this section. J Recovery of Costs. TWTC shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City "''here the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in tl1lS Franchise Agreement or any ordinances relating to the subject for which permit fees have not C.\Documents and Settings\AIl Users\Desktop\Kelly\!v!SDATA \Ordinances\Time Warner 2-06.doc Hkn 2t24/2006 Page 3 of 7 been established, TWTC shall pay such reasonable costs and expenses directlv to the City - K. Vacation. It at any time, the City shall vacate any City road, right-of-vvay or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to TWTC, terminate this Franchise Agreement with reference to such City road, right-of-way or other City property so vacated, and the City shall not be liable for any damages or loss to TWTC by reason of such termination other than those provided for in RCW 35 99 Section 6. Franchise Compliance. A. Franchise Violations. The failure by TWTC to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City, which describes the violations of the franchise and requests remedial action within 30 days of receipt of such notice. If TWTC has not attained full compliance at the end of the 30-day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30-day period. B Emergency Actions. 1 If any of TWTC's actions, or any failure by TWTC to act to correct a situation caused by TWTC, is deemed by the City to create a threat to life or property, the City may order TWTC to immediately correct said threat or, at the City's discretion, the City may undertake measures to correct said threat itself; provided that when possible, the City shall notify TWTC and give TIVTC an opportunity to correct said threat before undertaking such corrective measures. TWTC shall be liable for all costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by TWTC and shall further be liable for all costs, expenses, and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City The failure by TIJ\lTC to take appropriate action to correct a situation caused by TWTC and identified by the City as a threat to public or private safety or property shall be considered a violation of franchise terms. 2. If during construction or maintenance of TvVTC's facilities any damage occurs to an underground facility, and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health or property, TvVTC or its contractor shall immediately call 911 or other local emergency response number C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of TvVTC's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance andf or damages. D Removal of System. In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement TWTC shall at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow TWTC to abandon its facilities in place. Section 7. Insurance. A. TvVTC shall maintain liability insurance written on a per occurrence basis during the full term of this franchise for personal injuries and property damages. The C:\Documenfs and Settings\AH Users\Desktop\Kel1}'\~..fSDATA \Ordinances\Time 'Varner 2-D6.doc FI:kn 2/24/2006 Page 4 of 7 \ policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tub-vila Municipal Code. B Such insurance shall specifically name, as additional insured, the City, its officers, and employees, shall apply as primary insurance, shall stipulate th~t no insurance affected by the City will be called on to contribute to a loss covered thereunder; and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City Notice shall be by certified mait return receipt requested to the City C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits & Approvals. Nothing in this Agreement shall relieve TWTC from any obligation to obtain approvals or necessary permits from applicable federat state, and City authorities for all activities in the franchise area. Section 9. Transfer of Ownership A. The rights, privileges, benefits, title, or interest provided by this franchise shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required for a transfer in trust, by other hypothecation, or by assignment or any rights, title, or interest in nvrc s fiber optic system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise, or if such transfer is from nvrc to another person or entity controlling, controlled by, or under corrunon control with T\oVTC. TWTC may license fibers to other users without the consent of the City provided that TvVTC remains solely responsible for the terms and conditions outlined in this Franchise Agreement. B In any transfer of this franchise which requires the approval of the City, TWTC shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any actual and reasonable administrative costs associated with a transfer of this franchise vvhich requires the approval of the City, shall be reimbursed to the City within 30 days of such transfer Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees may be collected for administrative expenses related to such franchise. TWTC does hereby warrant that its operations as authorized under this franchise are those of a telephone business as defined in RCW 82.04.065 B TWTC shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise Agreement. These costs shall include but not be limited to wages, benefits, overhead expenses, equipment and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of City's right-of-way Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one-time adnul1lsh'ahve fee is due 30 days after franchise approval. C.\Docmnents and Setfi.ngs\AlI U5ers\Desktop\Keli)'\~-fSDATA \Ordin2;l.1ces\ Time ,\\Tan1er 2-C6.doc FJ:kn 2t24/2006 Page 5 of 7 C. In the event TWTC submits a request for '.vork beyond scope of onginal franchise, or submits a complex project that requires significant comprehensive plan review, or inspection, TWTC shall reimburse City for franchise amendment and expenses associated with the project. TI-vTC shall pay such costs within 30 days of receipt of bill from the City D Failure by TvVTC to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or TvVTC shall be delivered to the following addresses respectively- City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, W A 98188 TIME WARNER TELECOM Attn. Tina Davis 10475 Park Meadows Dr Littleton, CO 80124 Section 12. Indemnification. A. TvVTC shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and facilities. TvVTC shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of Ti-vTC its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to TWTC by this Franchise. In the event any claim or demand is presented to or filed with the City which gives rise to TWTC's obligation pursuant to this section, the City shall within a reasonable time notify TIVTC thereof and TWTC shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to TWTC's obligation pursuant to this section, the City shall promptly notify TWTC thereof, and TIVTC shalt at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, TIVTC may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require TIVTC to' 1. protect and save the City harmless from any claims, actions, or damages, 2. settle or compromise any claim, demand, suit, or action, 3 appear in or defend any suit or action, or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B To the extent of any concurrent negligence between TWTC and the City, TvVTC's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, TvVTC expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or C:\Documents and SeUings\All Users\Desktop\Kelly\~.JSDATA \Ordinances\ Time 'Varner 2-0o.doc R:kn 2/24/2006 Page 6 of7 \ on behalf of TWTC's officers, agents or employees. ThIs WaIver is mutually negotiated by the parties. Section 13. Severability If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent Jurisdiction, the City may, at its sole option, deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this ordinance is invalid or unconstitutionat the City may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this ordinance; provided that, if the City elects to enforce the remaining provisions of the ordinance, TWTC shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and ordinanc~s. Accordingly, any provision of this agreement or any local ordinance which may conflict 'with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. TWTC shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right-of-way except for the locations approved by the City and then only subject to the terms and conditIOns of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 16. Future Rules, Regulations, and Specifications. TvVTC acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operahons in the City Such regulations, upon written notice to TWTC shall thereafter govern TWTC's activities hereunder; provided, however, that in no event shall regulations: A. materially interfere with or adversely affect TWTC's rights pursuant to and in accordance with this Franchise Agreement; or B be applied in a discriminatory manner as it pertains to TvVTC and other similar user of such facilities. Section 17. 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 and effect five (5) days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWlLA, WASHINGTON, at a Regular Meeting thereof this day of , 2006 ATTEST/ AUTHENTICATED' Steven M. Mullet, Mayor Jane E. Cantu, CMC City Clerk APPROVED AS TO FORM BY Filed \vith the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Office of the City Attorney C. \ Documents and ScHings\All Users\Desktop\Kelly\i"..rSDATA \O.dinances\Tirne \\'amer 2-D6.doc FUn 2t24/2006 Page 7 of 7 EXHIBIT A Time Warner Telecom Fiber Optic System Project Description: Time Warner Telecom currently has a fiber ophc system along Interurban Avenue South. On Interurban Avenue South, the system continues east to Boeing Access Road and heads north on Airport Way South into Seattle. Time Warner Telecom intends to purchase conduit from McLeod USA and deploy fiber optics. The conduit system is lo~ated on East Marginal Way from Interurban Avenue South to South 133rd Street. The system contmues on South 133rd Street and travels east to Interurban Avenue South. McLeod and Time Warner Telecom fiber optic systems are in common manholes at each tie-in points on Interurban Avenue South. C\Documents and Settings\A1I Users\Desktop\Kelly\;v!SDA TA\Ordinances\Time Warner Exhibit Adoc FI:kn 2123/2006 Page 1 of 1 EXHIBIT B FRANCHISE AGREEMENT ACCEPTANCE FORM TIME WARNER TELECOM Date. City Of Tukwila City Clerk's Office 6200 Southcenter Blvd Tukwila W A 98188 Re' Ordmance Adopted Dear Ms. Cantu: In accordance with and as required by Section 4 of City of Tukwila Ordinance passed by the City Council and approved by the Mayor on (the "Ordinance"), Time Warner Telecom, Inc. hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, SIgnature Printed Name & Title C\Oocuments and Seltings\A1l Users\Desktop\Kelly\.t'vlSDATA\Ordinances\Time Warner Exhibit B.doc FI:kn 2/23/2006 Page 1 of 1 Time Warner Telecom Fiber Optic System Map Legend Existing Fiber Proposed Fiber Street D Waterbody City Limits Not to Scale ~ Date February 15, 2006 - -- -- ----. _.<-~- ~~ ---.... Utilities Committee February 22, 2006 Present: Jim Haggerton, Chair; Pam Linder, Verna Griffm Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodin, Gail Labanara, Mike Cusick, Chuck Parrish, ~ \. r tV A. Time Warner Telecom Franchise Agreement The current franchise agreement with Time Warner expired, so we are renewing the original location along Interurban Aye S and addmg the new service area along E Marginal \Vy S. This is a very simple project and Time \Varner already has a major customer lined up. Pam was concerned about the public perception of the process and wanted a disclaimer in the memo that stated that we couldn't deny an agreement without stringent terms. Jim H. also requested that the date of application be added so that there is no confusion of processing the application within the\ 120-day limit. Unanimous recommendation to send Ordinance to COW and Regular meeting for approval. B. Maule Ave/Campbell Hill! 58th Ave S Waterlines Proiect Bid Award This project was originally bid last year and there were no bids. This year we received nine bids with the low bidder well under the Engineer's Estimate. Jim H asked why so low and Jim M explained that as the lowest bidder was $IOOk under the next bidder, we requested verification. Buno said that the bid was good and is ready to do the work. Buno has traditionally underbid projects in the area and is currently working in Skyway and Burien with good references. Unanimous recommendation to send bid award to COW and Regular meeting for approval. C. Cascade Water alliance Update and South Supplv Option Letter to Kent Pat and Jim H gave a brief overview ofthe history of CW A to get Vema up to speed. The City joined CW A as our wholesale water contract with Seattle expires in 2012 and there was no guarantee that Seattle would renew it. The eight cities then formed CW A and are now in the process of getting a $50 million bond to start the fmancing of the pipeline projects from Tacoma (Second Supply) and also future water supply from Lake Tapps from PSE. Pat wanted it clear that our water rates will increase significantly to cover the CW A capital expenses (in addition to the current RCFCs). Pam asked for a definition of "wheeling" and Pat explained that if we negotiate to buy water from Tacoma, we have to pay Kent for the use of the pipes and possible storage to get it to Tukwila. Our goal is to have a loop system for all of the water so that if there is an emergency, we can shut down at one location but feed it from another. The draft letter from the City is looking at using the current emergency intertie with Kent as an additional supply that adds redundancy. Discussed WD 125 and Foster Point. Jim also explained that the City is responsible to report out the emergency operations on all separate utilities and the school district as they are within the boundary of our City. Some cities have refused to report, so hopefully things will change in Olympia. Jim M said that it would be better if all the utilities were under the City and not separate districts. Information only. Committee Chair Approval C'\Documents and Settings\Gail\.fvly Documents\WINWORD\UC Minutes 2-22-06.doc COUNCIL AGENDA SYNOPSIS y� I,ntrars ITEM No. Q ice Meeting Date Prepared by Mayor's review I Council r eurew \u' 's r`� 2/27/06 1 MC 3/6/06 1 ITEM INFORMATION I CAS NUMBER: 06-028 I ORIGINAL AGENDA DA FE: FEBRUARY 27, 2006 AGENDA ITEM TITLE Bid Award for the Maule Ave /Campbell Hill /58 Ave S Waterlines Project CATEGORY Discussion [Motion Resolution Ordinance BicIAward Public Heanng Other Mtg Date 2/27/06 Mtg Date J Itg Date litg Date Mtg Date 3/06/06 Mtg Date Mtg Date SPONSOR Council Mayor Actin Svcs DCD Finance Fire Legal P &R Police PIV SPONSOR'S This waterline project is for three separate locations (and CIP pages) but have been SUMMARY combined into one construction project. The project was advertised on January 11 and 18, 2006 and nine bids were received and opened on February 10, 2006. The low bid of $566,504.19 was from Buno Construction. References indicate that Buno Construction has performed well on similar type projects. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportatton Cmte Utiltttes Cmte Arts Comm. Parks Comm. Planning Comm. DALE. 2/22/06 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to Buno Construction. COMMITI'EE Forward to COW and Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $566,504.19 $825,000.00 Fund Source 401.02 Water Fund (pages 78, 80, and 81, 2006 CIP) Comments The amount budgeted is the total construction budget from the three CIP pages MTG. DATE I RECORD OF COUNCIL ACTION 2/27/06 I 3/6/06 I I MTG. DATE I ATTACHMENTS 2/27/06 I Information Memo dated February 15, 2006 Bid Tabulation Map noting the Maule Ave /Campbell Hill/58 Ave S waterline project locations. Utilities Committee Meeting Minutes from February 22 2006 3/6/06 1 INFORMATION MEIHO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ February 15, 2006 Maule Ave! Campbell Hill/58th Ave S Waterlines Project Project No. 84-WT07 Bid Award ISSUE Award the bid for the Maule A vel Campbell Hill! 58th Ave S Waterlines project. BACKGROUND These projects are listed as three separate pages in the 2006 CIP (pages 78, 80, and 81), but have been combined into one construction project as all three are s1ll1ilar for upgrading and!or replacing water mains. The project was advertised in June of 200? and no contractors bid on the project. The project was advertised again on January 11 and 18, 2006. Nine bids were opened on February 10, 2006. The engineer's estimate was $791,846.40. Buno Construction, LLC, of Snohomish submitted the low bid of $566,504.19 including state sales tax, bonding and insurance. The bid is well within budget. City staff has checked references for Buno Construction for similar sized projects and found the fIrm has done satisfactory work for other local agencies. BUDGET AND BID SUMMARY Bid Amount Sales Tax (8.8%) Bid Total Contingency (10%) Total Bid Results $ 520,684.00 45,820.19 $ 566,504.19 52,068.00 $ 618,572.19 Engineer's Estimate $ 727,800.00 64,046.40 $ 791,846.40 Budget $ 825,000.00 $ 791,846.40 $ 825,000.00 RECOl\iIMENDATION Award the bid for the Maule Ave! Campbell Hill! 58th Ave S Waterlines project to Buno Construction, LLC, of Snohomish in the amount of $566,504.19 including sales tax. MC:ad attachment: Bid Tabulation (p:Proj~\A. WT Pro~\84WT07\INFO MEMOBiiJ A....."3rd - BuM Co~-uu...-tiOD. ) CITY OF TUKWILA Maule Ave Waterline, Campbell Hill Waterline, 58th Ave S Waterline Project No. 84 -WTO7 BID TABULATION Bid Opening Date: 2/10/06 Bid Opening Time. 1000 a.m. I Enaineer's Estimate Buno Construction LLC Kar -Vel Construction Inc Construct Co Parsons RCI Inc ITEM NO. ITEM OR TASK DESCRIPTION QUANTITY NO UNITS UNIT UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1 ALL WORK LS $640,000.00 I $702,800.00 $500,684.00 $500,684.00 $602,386.00 $602,386.00 $604,000.00 $604,000.00 $635,500.00 $635,500.00 2 Trench Excavation Safety System LS 3,000.00 10,000.00 5,000.00 5,000.00 100.00 100.00 11,000.00 11,000.00 1,000.00 1,000.00 3 Unforeseen Utility Conflict Resolution FA 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 4 Miscellaneous Work and Restoration FA 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 Subtotal Sales Tax 8.8% TOTAL $727,800.00 64,046.40 $791,846.40 $520,684.00 45,820.19 $566,504.19 ' $617,486.00 54,338.77 $671,824.77 $630,000.00 55,440.00 $685,440.00 $651,500.00 57,332.00 $708,832.00 I SCI Infrastructure LLC West Coast Constr Co Inc Anthony Constr Co Inc Gary Merlino Constr Co Inc Frank Coluccio Constr Co ITEM NO ITEM OR TASK DESCRIPTION QUANTITY NO UNITS UNIT UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1 ALL WORK LS $640,000.00 I $640,000.00 $655,265.00 $655,265.00 $662,389.00 $662,389.00 $694,560.00 $694,560.00 $745,000.00 $745,000.00 2 Trench Excavation Safety System LS 3,000.00 3,000.00 2,000.00 2,000.00 5,000.00 5,000.00 15,000.00 15,000.00 10.00 10.00 3 Unforeseen Utility Conflict Resolution FA 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 4 Miscellaneous Work and Restoration FA 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 Subtotal Sales Tax 8.8% TOTAL $658,000.00 57,904.00 $715,904.00 $672,265.00 59,159.32 $731,424.32 ' $682,389.00 60,050.23 $742,439.23 $724,560.00 63,761.28 $788,321.28 $760,010.00 66,880.88 $826,890.88 CAMPBELL HILL WATERLINE 58TH AVENUE SOUTH WATER MAIN REPLACEMENT MAULE AVENUE INTERURBAN AVENUE SOUTH WATER MAIN MAP - - - - ._- -~-- - ~.......-,... Utilities Committee February 22, 2006 Present: Jim Haggerton, Chair; Pam Linder, Verna Griffm Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodm, Gail Labanara, Mike Cusick, Chuck Parrish, A. Time Warner Telecom Franchise Agreement The current franchise agreement with Time Warner expired, so we are renewing the original location along Interurban Ave Sand addmg the new service area along E Marginal Wy S. This is a very simple project and Time Warner already has a major customer lined up. Pam was concerned about the public perception ofthe process and wanted a disclaimer in the memo that stated that we couldn't deny an agreement without stringent terms. Jim H. also requested that the ",date of application be added so that there is no confusion of processing the application within the\ 120-day limit. Unanimous recommendation to send Ordinance to COW and Regular meeting for approval. B. Maule Ave/Campbell HilI! 58th Ave S Waterlines Project Bid Award This project was originally bid last year and there were no bids. This year we received nine bids with the low bidder ~ well under the Engineer's Estimate. Jim H asked why so low and Jim M explained that as the lowest bidder was $1 OOk under the next bidder, we requested verification. Buno said that the bid ~ . was good and is ready to do the work. Buno has traditionaliy underbid projects in the area and is currently working in Skyway and Burien with good references. Unanimous recommendation to send bid award to COW and Regular meeting for approyal. C. Cascade Water alliance Update and South Supply Option Letter to Kent Pat and Jim H gave a brief overview of the history of CW A to get Verna up to speed. The City joined CW A as our wholesale water contract with Seattle expires in 2012 and there was no guarantee that Seattle would renew it. The eight cities then formed CW A and are now in the process of getting a $50 million bond to start the fmancing ofthe pipeline projects from Tacoma (Second Supply) and also future water supply from Lake Tapps from PSE. Pat wanted it clear that our water rates will increase significantly to cover the CW A capital expenses (in addition to the current RCFCs). Pam asked for a definition of "wheeling" and Pat explained that if we negotiate to buy water from Tacoma, we have to pay Kent for the use of the pipes and possible storage to get it to Tukwila. Our goal is to have a loop system for all of the water so that if there is an emergency, we can shut down at one location but feed it from another. The draft letter from the City is looking at using the current emergency intertie with Kent as an additional supply that adds redundancy. Discussed WD 125 and Foster Point. Jim also explained that the City is responsible to report out the emergency operations on all separate utilities and the school district as they are within the boundary of our City. Some cities have refused to report, so hopefully things will change in Olympia. Jim M said that it would be better if all the utilities were under the City and not separate districts. Information only. .,%~ ~. /' Committee Chair Approval C:\Documents and Settings\Gail\tvly Documents\ WINWORD\UC Minutes 2-22-0S.doc Tentative Agenda Schedule MONTH MEETING 1 - MEETING 2 - MEETING 3- MEETING 4 - REGULKR C.O.W. REGULAR C.O.W. February 6 13 21 (Tuesday) 27 20tll- Special Presentation. Presidents' Day See agenda packet January flooding (City offices closed) \ cover sheet for this update week's agenda Special Issues: (February 21, 2006 Plumbing Code Regular meeting) March 6 13 20 27 Special Presentation. Code enforcement update Unfinished Business. Plumbing Code ordinance April 3 10 17 24 2nd - Daylight savings time begins I I 27th (Monday) " Transportation Cmte, 5:00 PM (CR #1) ,. City Council Committee of the Whole Mtg., 7'00 PM (Council Chambers) 6th (Monda ,) J> Finance & Safety Cmte, 5'00 I'M (CR #3) :r City Council Regular Mtg., 7'00 PM (Council Chambers) Upcoming Meetings & Events FEBRUARY & MARCH 2006 28th (Tuesday :r Comnnmity '^,ffairs & Parks Gmte CANCELLED 1st (Wednesday) :r Sister City Cmte, 5.30 J>:o.\ (CR #3) 2nd (Thursday) >- Equity & Diversity Commission, 5:001':-"1 (Showalter J'vIiddle School LibrOlY) 3rd (Friday) POSTPONED: Sister City Spaghetti Dinner & Silent Auction originally scheduled for this date has been postponed. 4th (Saturday) OPEN HOUSE Tukwila Link Light Rail Update on current and upcoming construction. Dr. Seuss Family Night 6:00 to 7.30 I'M (Tukll'ila Community Center) FREE! (for Grades K-5) Event has been rescheduled for Wednesday, July 5, 2006 8th (Wednesda') lith (Saturday) :r Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Bums at 206.431-2197 :r Arts Commission: 1st Tues., 5:00 PM, Tuk,vila Community Center Comact Kimberly i\4atej at 206-767-2342. r Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices, Contact Nancy Damon at 206-575-1633. r Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 A.:,I to I :00 PM, Foster HS main parking lot. Dispose of prunings and plant materials from the longhomed beetle quarantine area. Drive your truckload of materials to the parking lot and help will be provided to unload, chip, and dispose of materials free of charge, Be sure to bring lD with quarantine area address. r City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. :r City Council Regular Meeting: 1st & 3rd Mon., 7:00 1':-'1, Council Chambers at City Hall. ? Ch'iI Service Commission: 2nd Mon., 5'00 1'1\1, Conf. Room #3 Contact Bel' Willison at 206.433-1844 :r Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #3 2/28/06 meeting has been cancelled. :r COPCAB (Community Oriented Policing Citizens Adv Board): 4th Wed" 6:30 1':-'1, Conf. Rm #5 ivfarja Murray (206.433.7175). >- Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room #5. Contact Marja Murray at 206-433-7175 >- Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room #5. Contact Evie Boykan or Stacy Hansen at 206.433.7180. :r Equity & Diversity Commission: 1st Thurs., 5 15 PM, Showalter Middle School Library >- Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #3 >- Highway 99 Action Committee: 2nd Tues., 7:00 I'M, Tukwila Community Center Contact Chief Dave Haynes at 206.433.1812. :rHuman Services Advisory Brd. 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206-433.7180. :r Human Services Providers: Quarterly (2006 = 3/17, 6116, 9115, and 12/8), 11.30 AM, TCC. Contact Stacy Hansen at 206../33-7181 :r Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library Contact Bruce Fletcher al 206.767-2343 :r- Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Conlact Katherine Katzman at 206.575.2489 :r Parks Commission: 3rd \Ved., 5.30 PM, Senior Game Room at Community Center Contact Kimberll' Matej at 206-767-23./2. >- Planning CommissionlBoard of Architectural Review: 4th Thurs" except 2nd Thursday in Noy & Dee" 7:00 I'M, Council Chambers at City Hall. Contact lVynetla BiveJlSat 206.431-3670. :r- Sister City Committee: 1st Wed., 5.301'1\1, Conf. Room #3. Contact Bev Willison at 206-433-184./ :r-Transportation Committee: 2nd & 4th NIon., 5:00 1':-',1, Conf Room #1 Agenda itemsfor2/27/06 meeting' (.-l) Tuhri!a Urban Center Access Project (Klickitat) LID feasibility study :r- Utilities Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room fil ~ ---')~ / \ / \ I' 6:00 to 8:00 PM (briefpresentation at 6.30 PM) Showalter Middle School Cafetorium co 9'}{ )>0 Arts Commission, 5:00 PM (Community Center) >- Utilities Cmte, 5:00 1'1\\ (CR #1)