HomeMy WebLinkAboutCOW 2010-04-12 COMPLETE AGENDA PACKET4. PUBLIC
HEARINGS
5. SPECIAL
ISSUES
Tukwila City Council Agenda
COMMITTEE OF THE WHOLE
Jim Haggerton, Mayor Councilmembers; Joe Duffie Joan Hernandez
Steve Lancaster, City Administrator Allan Ekberg Verna Seal
Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn
EXECUTIVE SESSION 6:30 -7:00 PM
Pending Litigation Pursuant to RCW 42.30.110(1)(i); (30 mins)
Monday, April 12, 2010, 7:00 PM
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL PRESENTATIONS A proclamation recognizing Arbor Day.
3. CITIZEN
COMMENT
Tukwila City Hall Council Chambers
At this time, you are invited to comment on items not included on this agenda (please
limit your comments to five minutes per citizen). To comment on an item listed
on this agenda, please save your comments until the issue is presented for discussion.
An ordinance amending various ordinances, as codified at Tukwila Municipal Code
Title 18, "Zoning Code," to incorporate definitions of Diversion Facility and Diversion
Interim Services Facility; to clarify definitions of Convalescent /Nursing Home,
Outpatient Medical Clinic and Hospital; and to update the Zoning Code and its
provisions for such uses. (Please bring comb bound staff report from the 3/15 meeting.)
a. An ordinance amending various ordinances, as codified at Tukwila Municipal Code
Title 18, "Zoning Code," to incorporate definitions of Diversion Facility and
Diversion Interim Services Facility; to clarify definitions of Convalescent /Nursing
Home, Outpatient Medical Clinic and Hospital; and to update the Zoning Code and
its provisions for such uses.
b. An ordinance establishing Residential Rental Housing regulations, to be codified at
Tukwila Municipal Code Chapter 5.06, "Residential Rental Business License and
Inspection Program."
c. A discussion regarding the naming of park property at 12929 50th Place South.
d. An ordinance granting a non exclusive franchise to AboveNet Communications for
the purpose of constructing, operating and maintaining a telecommunications
system in certain public rights -of -way in the City.
e. An ordinance granting a non exclusive franchise to PAETEC Holding Corporation,
an Iowa Corporation, for the purpose of constructing, operating and maintaining
a telecommunications system in certain public rights -of -way in the City.
f. An ordinance adopting the 2010 Standard Specifications for road, bridge and
municipal construction.
g. An agreement with KPG, Inc. to design the 2010 Annual Small Drainage Program.
h. Southcenter Parkway Extension documents:
1) A grant agreement with the Washington State Department of Commerce for the
Southcenter Parkway Extension project to accept grant funds, in the amount of
$3,980,000.00.
2) A grant agreement with the Washington State Department of Commerce
through the Community Economic Revitalization Board (CERB) program for the
Southcenter Parkway Extension project to accept grant funds, in the amount of
$6,000,000.00.
3) A grant agreement with the Washington State Transportation Improvement
Board (TIB) for the Southcenter Parkway Extension project to accept grant
funds, in the amount of $2,000,000.00.
4) An Interlocal Agreement with the Highline Water District regarding the
Southcenter Parkway Extension project.
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Pg.3
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Pg.89
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Pg.173
Pg.205
Pg.211
Tukwila City Council Agenda
COMMITTEE OF THE WHOLE
April 12, 2010
Page 2
5. SPECIAL h Southcenter Parkway Extension documents (Continued):
ISSUES 5) An underground conversion project plan agreement with Puget Sound Energy Pg.223
(Cont.) for the Southcenter Parkway extension project, estimating the construction
costs to be $241,400.00.
6) An underground conversion construction agreement with Puget Sound Energy Pg.233
for the Southcenter Parkway Extension project, in the amount of $241,400.00.
7) Supplement #1 to Contract #10 -038 with KBA, Inc. for the Southcenter Parkway Pg.245
Extension project, in the amount of $2,523,950.00.
8) A bid from Scarsella Bros., Inc. for the Southcenter Parkway Extension project, Pg.273
in the amount of $16,030,030.63.
i. A resolution urging the United States Department of Defense to select the Boeing Pg.289
Company to build the next mid -air refueling tanker.
j. Budget Revenue Options: Pg.297
Utility tax on City -owned utilities
Increase business license fees
Revenue generating regulatory license
TBD license tabs
6. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council
7. MISCELLANEOUS
8. EXECUTIVE SESSION
9. ADJOURNMENT
d. City Attorney
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance
notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and
in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address
clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments
to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate
action on comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is
given.
Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council
meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of
formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council
meetings.
Committee of the Whole Meetings: Council members are elected for a four -year term. The Council
president is elected by the Council members to preside at all Committee of the Whole meetings for a one-
year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues
discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during Citizen Comment. Please limit your comments to five minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same
as those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action of matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of
the Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to
the question, but may not engage in further debate at this time.
6. After the Public Hearing is closed, the Council may discuss the issue among themselves without
further public testimony. Council action may be taken at this time or postponed to another date.
and
special observance. C� q
Signed this o l day of
Office of the Mayor
City of Tukwila, Washington
fv14-x-e-
PROCLAMATION
Arbor Day
rton, Mayor
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and world;
WHEREAS, all members of the Tukwila community are urged to celebrate
Arbor Day and to support efforts to protect trees and woodlands; and
WHEREAS, all members of the Tukwila community are also encouraged to
plant trees to gladden the heart and promote the well -being of this and future
generations.
NOW, THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do
hereby proclaim Saturday, April 14, 2010:
in the City of Tukwila, and encourage all citizens to join me in recognizing this
2010.
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air,
produce life- giving oxygen, and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires, and beauty in our community; and
WHEREAS, trees in our City also increase property values, and enhance the
economic vitality of business areas; and
2
REVIIEWED BY
EXPENDITURE REQUIRED
MTG. DATE
02/22/10
3/15/10
MTG. DATE
02/22/10
3/15/10
4/12/10
City
COW Mtg.
Utilities Cmte
Meeting Date
02/22/10
03/15/10
04/12/10
05/03/10
CATEGORY Discussion Motion
Mtg Date 3/15/10 Mtg Date
COUNCIL AGENDA SYNOPSIS
Prepared by i i'oun9:4 review
BM
BM
BM
BM
CA &P Cmte
Arts Comm.
Im tialr
ITEM 'INFORMATION
CAS NUMBER: 10-020 I ORIGINAL AGENDA DATE: FEBRUARY 22, 2010
AGENDA ITEM TITLE Siting of Crisis Diversion and Crisis Diversion Interim Service Facilities within the
Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 5/3/10 Mtg Date Mtg Date 4/12/10 Mtg Date
!SPONSOR Council Mayor Adm Svcs DCD Finance Fire Le P&R Police PV
SPONSOR'S
SUMMARY
On February 22, 2010, the City Council referred a proposed code amendment regarding
Crisis Diversion and Crisis Diversion Interim Service Facilities to the Planning Commission
for their review and recommendation. On February 25, 2010, the Planning Commission
conducted a public hearing and is recommending to the City Council that Crisis Diversion
and Crisis Diversion Interim Service Facilities be allowed in the Tukwila Urban Center
(Southcenter) area of the City via an unclassified use permit.
F &S Cmte
(l Parks Comm.
RECORD OF COUNCIL ACTION
Forward to the Planning Commission
Briefing of proposed recommendations by the Planning Commission
ITEM NO.
Transportation Cmte
Planning Comm.
DATE: 3/8/10 Unanimous Approval; Forward to Committee of the Whole
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Planning Commission (2/25); Community Affairs and Parks (3/8)
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
ATTACHMENTS
Informational Memorandum dated 2/13/10
City's Public Records Request to King County, dated 9/15/09
City's Public Records Request to King County, dated 12/22/09
Informational Memorandum dated 3/9/10 (Revised after CAP to include public hearing date)
Revised Bus Route Information for the MIC area (attachment bb of 2/18 Staff Report)
Metro Bus Routes Converging at Transit Center (attachment cc of 2/18 Staff Report)
Minutes from the Community Affairs and Parks Committee meeting of 3/8/10
Staff Report to the Planning Commission dated 2/18/10 with attachments
Informational Memorandum dated 4/6/10, Draft Ordinance, 3/8/10 CAP minutes
(Please bring your comb bound staff reports from the March 15 meeting)
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4
TO:
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Committee of Whole
FROM: Nora Gierloff, Deputy Director
DATE: April 6, 2010
SUBJECT: Zoning Code Changes Relating to the Siting and Operation of Crisis
Diversion Facilities and Crisis Diversion Interim Service Facilities
ISSUE
BACKGROUND
On March 15, 2010, the City Council was briefed on a recommendation from the Planning
Commission to allow Crisis Diversion Facilities and Crisis Diversion Interim Service Facilities
within the Tukwila Urban Center (TUC) zoning district as unclassified uses. The Council
forwarded the Ordinance to the April 12, 2010 meeting for a public hearing.
DISCUSSION
Jim Haggerton, Mayor
A public hearing on an ordinance to modify the zoning code related to the siting and operation of
crisis diversion facilities and crisis diversion interim service facilities.
For additional background information please refer to your agenda packet from the March 15,
2010 meeting, specifically the document entitled, "Staff Report to the Planning Commission
dated 2/18/10 with attachments
The Planning Commission adopted staff's findings and conclusions contained in the "Staff
Report to the Planning Commission dated 2/18/10 with attachments This staff report noted the
following regarding the County's siting criteria and the TUC area of the City:
The TUC area fulfills the County's location requirements. All highways which are located
in south King County that were listed in the County's RFP are accessible from the TUC
area.
The TUC area contains several east/west arterials which connect the area to adjacent
jurisdictions. These streets will allow Police Officers from Renton, Kent, SeaTac, and
Burien to easily access the CDF.
There are six Metro bus routes serving the TUC area. All of these routes converge at the
Metro Transit Center located on Andover Park West. The TUC area is served by more
bus routes than any other City location. Compared to other areas of the City such as the
MIC area and the TIB Corridor that only have bus routes that run north /south the TUC
area has bus routes that run east/west. Since the County is proposing to have a facility
that serves the entire County the TUC area provides the best regional bus access.
Many existing buildings meet the County's square footage requirement of 7200 square
feet.
5
6
INFORMATIONAL MEMO
Page 2
The Planning Commission raised some concerns about operational issues for the CDF and the
CDIS. These operational issues have also been raised by staff. In order to address specific
issues with the facilities' operation and to ensure that proper mitigation is in place for impacts to
city services, the Planning Commission recommends that proposed CDF and CDIS uses be
required to obtain an Unclassified Use Permit from the City Council. This process would allow
for a transparent and public process for siting these types of facilities should they be proposed
in Tukwila.
RECOMMENDATION
Conduct the public hearing at tonight's meeting. Forward to the May 3, 2010 Regular meeting
for possible action by the Council.
ATTACHMENTS
Ordinance in draft form
C:ItempIXPgrpwiselinfoMemo, 2010.04.06.doc
E ),,-9 ;z'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS ORDINANCES, AS CODIFIED AT
TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO INCORPORATE
DEFINITIONS OF DIVERSION FACILITY AND DIVERSION INTERIM SERVICES
FACILITY; TO CLARIFY DEFINITIONS OF CONVALESCENT/NURSING HOME,
OUTPATIENT MEDICAL CLINIC AND HOSPITAL; AND TO UPDATE THE
ZONING CODE AND ITS PROVISIONS FOR SUCH USES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in October 2007, the King County Council passed Motion 12598, adopting the
Mental Illness and Drug Dependency (MIDD) Action Plan, whose goal was "to prevent and
reduce chronic homelessness and prevent and reduce unnecessary involvement in the criminal
justice and emergency medical systems, and promote recovery for persons with disability
mental illness or drug dependency by implementing a full continuum of treatment, housing
and case management services and
WHEREAS, in November 2007, the King County Council adopted Ordinance No. 15949,
which increased King County's sales tax by one -tenth of a percent. The funds raised by the sales
tax increase are intended to pay for the programs outlined in the MIDD Action Plan; and
WHEREAS, one of the strategies of the MIDD Action Plan is the funding and operation of
crisis diversion services in King County, which will be available to individuals who are in
mental illness and /or chemical dependency crisis; and
WHEREAS, King County has noted the importance of crisis diversion facilities in order to
provide services and treatment for people suffering from mental illness and/ or chemical
dependency; and
WHEREAS, King County's diversion services will accept individuals from hospitals,
emergency rooms, ambulances and police agencies throughout King County; and
WHEREAS, King County has noted the importance of having crisis diversion facilities
centrally located in order for police agencies throughout King County to be able to easily
transport individuals to and from the facilities; and
WHEREAS, in August 2009, King County issued a request for proposal soliciting proposals
from third parties to operate a crisis diversion facility and a crisis diversion interim service
facility; and
WHEREAS, the City's Zoning Code does not address the operation of crisis diversion
facilities or crisis diversion interim service facilities; and
WHEREAS, on September 8, 2009, the Tukwila City Council adopted a six -month
moratorium on the acceptance and processing of applications to establish and operate crisis
diversion and crisis diversion interim service facilities within the City in order to allow City
staff time to study the County's proposed plans; and
WHEREAS, the City desires to accommodate King County's Diversion Program while also
ensuring compliance with the City's Comprehensive Plan and King County Countywide
Planning Policies; and
WHEREAS, the Zoning Code of the City of Tukwila establishes permit processes for various
uses and the City wishes to expand those procedures to include crisis diversion facilities and
crisis diversion interim facilities; and
WHEREAS, given the unique nature of crisis diversion facilities, it is important to clarify the
definitions of hospital, outpatient medical facilities and nursing homes; and
WHEREAS, on February 12, 2010, the Director of Community Development determined the
proposed code changes do not have a probable significant adverse impact on the environment
and issued a Determination of Non Significance; and
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WHEREAS, on February 12, 2010, as required by the Growth Management Act, the City
filed notice with the Washington State Department of Commerce that the City intended to
modify its Zoning Code; and
WHEREAS, on February 25, 2010, the Tukwila Planning Commission, following adequate
public notice, held a public hearing to receive testimony concerning amending the Zoning Code
and adopted a motion recommending the proposed changes; and
WHEREAS, on April 12, 2010, the Tukwila City Council, following adequate public notice,
held a public hearing to receive testimony concerning the recommendations of the Planning
Commission; and
WHEREAS, the Tukwila City Council has reviewed the staff report, dated February 18,
2010, with supporting attachments, and the recommendation of the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Definition Added. A new definition is added to TMC Chapter 18.06 to read as
follows:
"Diversion facilihj" is a facility that provides community crisis services, which diverts people
from jails, hospitals or other treatment options due to mental illness or chemical dependency.
Section 2. Definition Added. A new definition is added to TMC Chapter 18.06 to read as
follows:
"Diversion interim services facility" is a facility that provides interim or respite services, such
as temporary shelter, medical /mental health treatment, case management or other support
options such as transportation arrangements for patients who are referred to such a facility
from a diversion facility.
Section 3. Ordinance Amended. Ordinance No. 1758 51, as codified at TMC Section
18.06.150, is amended to read as follows:
"Outpatient medical clinic" means a building designed and used for the medical, dental and
surgical diagnosis and treatment of patients under the care of doctors and nurses and /or
practitioners and does not include overnight care facilities. This cateeory does not include
diversion facility or diversion interim services facility.
Section 4. Ordinance Amended. Ordinance No. 1976 §13, as codified at TMC Section
18.06.173, is amended to read as follows:
"Convalescent/nursing (tome" means a residential facility, such as a hospice, offering 24 -hour
skilled nursing care for patients suffering from an illness, or receiving care for chronic
conditions, mental or physical disabilities or alcohol or drug detoxification, excluding
correctional facilities. Care may include in- patient administration of special diets, bedside
nursing care and treatment by a physician or psychiatrist. The stay in a convalescent/nursing
home is in excess of 24 consecutive hours. This cateeory does not include diversion facility or
diversion interim services facility.
Section 5. Ordinance Amended. Ordinance No. 1758 51, as codified at TMC Section
18.06.435, is amended to read as follows:
"Hospital" means a building requiring a license pursuant to Chanter 70.41 RCW designed
and used for the medical and surgical diagnosis, treatment and housing of persons under the
care of doctors and nurses. Rest homes, nursing homes, convalescent homes,_diversion
facility /diversion interim services facility and outoatient medical clinics are not included.
Section 6. Ordinance Amended. Ordinance No. 1758 51, as codified at TMC Section
18.06.700, is amended to delete the definition for "Sanitarium."
Sanitariun eario a facility designer anal- used foe -lhe -care, tree ertt --arxl housing of
persons syith specific chronic dise_ ca. Convalescent homes arc not includes
Section 7. Ordinances Amended. Ordinance Nos. 2097 59, 1986 §5, 1976 528, 1971 57, 1830
55, 1814 52 and 1758 51, as codified at TMC Section 18.16.020, are amended to read as follows:
18.16.020 Permitted Uses. The following uses are permitted outright within the Mixed -Use
Office District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an
arterial required.
2. Beauty or barber shops.
3. Bicycle repair shops.
4. Billiard or pool rooms.
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5. Brew pubs.
6. Commercial parking; provided it is:
a. located within a structure having substantial ground floor retail or commercial
activities and designed such that the pedestrian and commercial environments are not
negatively impacted by the parking use; or
b. Iocated at least 175 feet from adjacent arterial streets and behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
7. Computer software development and similar uses.
8. Convalescent and nursing homes for not more than 12 patients.
9. Daycare centers.
10. Dwelling one detached single- family dwelling per existing lot.
11. Dwelling multi family units above office and retail uses.
12. Dwelling senior citizen housing as a freestanding use subject to additional
requirements.
13. Financial, banking, mortgage and other services.
14. Fraternal organizations.
15. Laundries:
a. self service
b. dry cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Medical and dental laboratories.
18. Offices, when such offices occupy no more than the first two stories of the building
or basement and floor above, including:
a. outpatient medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
S. commercial
39 91 rat er it k nt, axd nergoney- medical an 'al services.
19. Public parks, trails, picnic areas and playgrounds, but not including amusement
parks, golf courses or commercial recreation.
20. Recreation facilities (commercial indoor), athletic or health clubs.
21. Religious facility with an assembly area less than 750 square feet.
22. Restaurants, including cocktail lounges in conjunction with a restaurant.
23. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
24. Retail sales as part of a planned mixed -use development, where at least 50% of gross
leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins,
service stations).
25. Schools and studios for education or self improvement.
26. Shelters.
27. Studios art, photography, music, voice and dance.
28. Telephone exchanges.
29. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
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Section 8. Ordinances Amended. Ordinance Nos. 2135 §6, 1865 §16, 1830 §6 and 1758 §1, as
codified at TMC Section 18.16.040, are amended to read as follows:
18.16.040 Conditional Uses. The following uses may be allowed within the Mixed -Use
Office District, subject to the requirements, procedures and conditions established by TMC
Chapter 18.64, Conditional Use Permits:
1. Bed and Breakfast lodging.
2. Cemeteries and crematories.
3. Religious facility with an assembly area greater than 750 square feet and conununity
center buildings.
4. Colleges and universities.
5. Convalescent and nursing homes for more than 12 patients.
6. Electrical substation distribution.
7. Fire and police stations.
8. Hospitals. i`- _r_t :s, :•r :5iinil:u• institutions"
9. Park- and -ride lots.
10. Radio, television, microwave or observation stations and towers.
11. Recreation facilities (public), including, but not limited to, sports fields, community
centers and golf courses.
12. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 9. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830
§5, 1814 §2 and 1758 §1, as codified at TMC Section 18.18.020, are amended to read as follows:
18.18.020 Permitted Uses. The following uses are permitted outright within the Office
District, subject to compliance with all other applicable requirements of the Tukwila Municipal
Code:
1. Beauty or barber shops.
2. Bicycle repair shops.
3. Brew pubs.
4. Computer software development and similar uses.
5. Commercial parking; provided it is:
a. located within a structure having substantial ground floor retail or commercial
activities and designed such that the pedestrian and commercial environments are not
negatively impacted by the parking use; or
b. located at least 175 feet from adjacent arterial streets and behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
6. Convalescent and nursing homes for not more than 12 patients.
7. Daycare centers.
8. Dwelling one detached single family dwelling per existing lot.
9. Financial, banking, mortgage other services.
10. Fraternal organizations.
11. Laundries:
a. self service
b. dry cleaning
c. tailor, dyeing
12. Libraries, museums or art galleries (public).
13. Medical and dental laboratories.
14. Offices, including:
a. outpatient medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
15. Outpatient, inpatient 1 d-erne tency medi..al and dcnta1 -con ncrci ll services.
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15. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses, or cormercial recreation.
16. Recreation facilities (commercial indoor), athletic or health clubs.
17. Religious facility with an assembly area less than 750 square feet.
18. Restaurants, including cocktail lounges in conjunction with a restaurant.
19. Retail sales, as part of a planned mixed -use development where at least 50% of gross
leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins,
service stations).
20. Schools and studios for education or self improvement.
21. Shelters.
22. Studios art, photography, music, voice and dance.
23. Telephone exchanges.
24. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 10. Ordinances Amended. Ordinance Nos. 2135 57, 1976 533, 1865 519, 1830 59 and
1758 51, as codified at TMC Section 18.18.040, are amended to read as follows:
18.18.040 Conditional Uses. The following uses may be allowed within the Office District,
subject to the requirements, procedures and conditions established by TMC Section 18.18.64,
Conditional Use Permits:
1. Cemeteries and crematories.
2. Religious facility with an assembly area greater than 750 square feet and comrnunity
center buildings.
3. Colleges and universities.
4. Convalescent and nursing homes for more than 12 patients.
5. Electrical substations distribution.
6. Fire and police stations.
7. Hospitals., sanitariums, or sinlikau' in: titx-t€ons.
8. Park and -ride lots.
9. Radio, television, microwave or observation stations and towers.
10. Recreation facilities (public), including, but not limited to, sports fields, community
centers and golf courses.
11. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 11. Ordinances Amended. Ordinance Nos. 2097 512, 1976 536 and 1758 51, as
codified at TMC Section 18.20.020, are amended to read as follows:
18.20.020 Permitted Uses. The following uses are permitted outright within the
Residential Commercial Center District, subject to compliance with all other applicable
requirements of the Tukwila Municipal Code:
1. Animal veterinary, including associated temporary indoor boarding; access to an
arterial required.
2. Beauty or barber shops.
3. Bicycle repair shops.
4. Computer software development and similar uses.
5. Daycare centers.
6. Dwelling one detached single family dwelling per existing lot.
7. Dwelling multi- family units above office and retail uses.
8. Fix-it, radio or television repair shops /rental shops.
9. Greenhouses or nurseries (commercial).
10. Laundries:
a. self service
b. dry cleaning
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c. tailor, dyeing
11. Offices, when such offices occupy no more than the first two stories of the building
or basement and floor above, including:
a. outpatient medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
12. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
13. Religious facility with an assembly area less than 750 square feet.
14. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
15. Schools and studios for education or self- improvement.
16. Studios art, photography, music, voice and dance.
17. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 12. Ordinances Amended. Ordinance Nos. 2097 §13, 1976 §40, 1954 §1, 1830 §11,
1814 §2 and 1758 §1, as codified at TMC Section 18.22.020, are amended to read as follows:
18.22.020 Permitted Uses. The following uses are permitted outright within the
Neighborhood Commercial Center District, subject to compliance with all other applicable
requirements of the Tukwila Municipal Code:
1. Animal veterinary, including associated temporary indoor boarding; access to an
arterial required.
2. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
7. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package the following:
a. foods, including but not limited to baked goods, beverages, candy, caroled or
preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no
slaughtering);
b. pharmaceuticals and related products such as cosmetics and drugs;
c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints,
paper, plastics, rubber, tile and wood;
d. electronic, mechanical, or precision instruments;
e. other manufacturing and assembly of a similar light industrial character;
f. industries involved with etching, lithography, printing, and publishing, meeting
the City's performance standards and offering their services to the local populace on a walk -in
basis;
g. businesses that service and repair the above products, that are entirely enclosed
within a building, offering their services to the local populace on a walk -in basis and meeting
the City's performance standards.
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8. Cabinet shops or carpenter shops employing less than five people.
9. Computer software development and similar uses.
10. Convalescent and nursing homes for not more than 12 patients.
11. Day care centers.
12. Dwelling one detached single family dwelling per existing lot.
13. Dwelling multi- family units above office and retail uses.
14. Financial:
a. banking
b. mortgage
c. other services
15. Fix -it, radio or television repair shops /rental shops.
16. Fraternal organizations.
17. Frozen food lockers for individual or family use.
18. Greenhouses or nurseries (commercial).
19. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
20. Libraries, museums or art galleries (public).
21. Offices, when such offices occupy no more than the first two stories of the building,
or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila
International Boulevard, including:
a. o Laps ti.enl medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
2 2. Outpatient, inpatient, and ei .u.g:,.c <i. dlca'_ z.r.3 'cntal.
22. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
23. Plumbing shops (no tin work or outside storage).
24. Recreation facilities (commercial indoor), athletic or health clubs.
25. Religious facility with an assembly area less than 750 square feet.
26. Restaurants, including cocktail lounges in conjunction with a restaurant.
27. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
28. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
29. Schools and studios for education or self improvement.
30. Studios art, photography, music, voice and dance.
31. Telephone exchanges.
32. Theaters, excluding adult entertainment establishments, as defined by this Code.
33. Wholesale or retail sales offices or sample rooms, with less than 50% storage or
warehousing.
34. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 13. Ordinances Amended. Ordinance Nos. 2021 §2, 1986 §7, 1971 §10, 1865 §27, 1830
§14, 1814 52 and 1758 51, as codified at TMC Section 18.24.020, are amended to read as follows:
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18.24.020 Permitted Uses. The following uses are permitted outright within the Regional
Commercial District, subject to compliance with all other applicable requirements of the
Tukwila Municipal Code:
1. Animal veterinary, including associated temporary indoor boarding; access to an
arterial required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or
used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package the following: foods, including, but not limited
to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts,
frozen foods, instant foods and meats (no slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking; provided it is:
a. located within a structure having substantial ground floor retail or commercial
activities and designed such that the pedestrian and commercial environments are not
negatively impacted by the parking use; or
b. located at least 175 feet from adjacent arterial streets and behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Daycare centers.
17. Dwelling multi family units on a lot that does not front on Tukwila International
Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum
Building Length, and TMC Section 18.52.060, 2 -4, Recreation Space Requirements.
18. Extended -stay hotel /motel.
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix -it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing and
publishing.
26. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
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28. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
29. Manufacturing, processing and/ or packaging previously prepared materials,
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tile and wood.
30. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
31. Medical and dental laboratories.
32. Mortician and funeral homes.
33. Motels.
34. Offices, including:
a. outpatient medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
25. Outpatient, inpatient, and- ea-rcrgcncy medical and-den-tat
35. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
36. Planned shopping center (mall).
37. Plumbing shops (no tin work or outside storage).
38. Recreation facilities (commercial indoor), athletic or health clubs.
39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks,
shooting ranges.
40. Religious facility with an assembly area less than 750 square feet.
41. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain
trucks).
42. Restaurants, including:
a. drive through
b. sit down
c. cocktail lounges in conjunction with a restaurant
43. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
44. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
45. Schools and studios for education or self- improvement.
46. Self- storage facilities.
47. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
48. Studios art, photography, music, voice and dance.
49. Taverns, nightclubs.
50. Telephone exchanges.
51. Theaters, excluding adult entertainment establishments, as defined by this code.
52. Warehouse storage and /or wholesale distribution facilities.
53. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
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Section 14. Ordinances Amended. Ordinance Nos. 2135 §10, 1974 53,1865 528, 1830 515 and
1758 51, as codified at TMC Section 18.24.040, are amended to read as follows:
18.24.040 Conditional Uses. The following uses may be allowed within the Regional
Commercial District, subject to the requirements, procedures and conditions established by
TMC Chapter 18.64, Conditional Use Permits:
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
8. Electrical substations distribution.
9. Fire and police stations.
10. Hospitals. :r_u,
11. Internet data /telecommunication centers.
12. Manufacturing, processing and /or assembling previously prepared metals,
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
13. Park and -ride lots.
14. Pawnbrokers.
15. Radio, television, microwave or observation stations and towers.
16. Recreation facilities (public), including, but not limited to, sports fields, community
centers and golf courses.
17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 15. Ordinances Amended. Ordinance Nos. 2021 53, 1986 58, 1971 511, 1830 517, 1814
52 and 1758 51, as codified at TMC Section 18.26.020, are amended to read as follows:
18.26.020 Permitted Uses. The following uses are permitted outright within the Regional
Commercial Mixed Use District, subject to compliance with all other applicable requirements of
the Tukwila Municipal Code:
1. Animal veterinary, including associated temporary indoor boarding; access to an
arterial required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or
used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Businesses that include a retail component in conjunction with their manufacturing
operation and meeting this chapter's other performance standards. These businesses may
manufacture, process, assemble and /or package foods, including, but not limited to baked
goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen
foods, instant foods and meats (no slaughtering).
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking; provided it is:
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a. located within a structure having substantial ground floor retail or commercial
activities and designed such that the pedestrian and commercial environments are not
negatively impacted by the parking use; or
b. located at least 175 feet from adjacent arterial streets and behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Daycare centers.
17. Dwelling multi- family units above office and retail uses.
18. Extended -stay hotel /motel.
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix -it, radio or television repair shops /rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing and
publishing.
26. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
29. Manufacturing, processing, and /or packaging previously prepared materials,
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tile and wood.
30. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
31. Medical and dental laboratories.
32. Mortician and funeral homes.
33. Motels.
34. Offices, including:
a. outpatient medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
35. Outteatiant, inpatient, and emergcncy- medieal -and dental,
35. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
36. Planned shopping center (maIl).
37. Plumbing shops (no tin work or outside storage).
38. Recreation facilities (commercial indoor), athletic or health clubs.
39. Recreation facilities (commercial indoor), including bowling alleys, skating rinks,
shooting ranges.
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40. Religious facility with an assembly area less than 750 square feet.
41. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain
trucks).
42. Restaurants, including:
a, drive through
b. sit down
c. cocktail lounges in conjunction with a restaurant
43. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
44. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
45. Schools and studios for education or self improvement.
46. Self- storage facilities.
47. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
48. Studios art, photography, music, voice and dance.
49. Taverns, nightclubs.
50. Telephone exchanges.
51. Theaters, excluding adult entertainment establishments, as defined by this code.
52. Warehouse storage and /or wholesale distribution facilities.
53. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 16. Ordinances Amended. Ordinance Nos. 2135 §11, 1974 §4, 1865 §32, 1830 §18,
and 1758 §1, as codified at TMC Section 18.26.040, are amended to read as follows:
18.26.040 Conditional Uses. The following uses may be allowed within the Regional
Commercial Mixed -Use District, subject to the requirements, procedures, and conditions
established by the Conditional Use Permits chapter of this title:
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than twelve patients.
7. Drive -in theaters.
8. Electrical substations distribution.
9. Fire and police stations.
10. Hospitals., sanitariums rilar in ntitudons.
11. Manufacturing, processing and /or assembling previously prepared metals,
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
12. Park and -ride lots.
13. Pawnbrokers.
14. Radio, television, microwave or observation stations and towers.
15. Recreation facilities (public), including, but not limited to, sports fields, community
centers and golf courses.
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16. Schools, preschool, elementary, junior or senior high schools (public), and equivalent
private schools.
Section 17. Ordinance Amended. Ordinance No. 2084 92, as codified at TMC Section
18.28.020, is amended to read as follows:
18.28.020 Permitted Uses. The following uses are permitted outright within the Tukwila
Urban Center District, subject to compliance with all other applicable requirements of the
Tukwila Municipal Code:
1. Animal veterinary, including associated temporary indoor boarding; access to an
arterial required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or
used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms,
7. 'Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenter shops employing less than five people.
10. Commercial laundries.
11. Commercial parking; provided it is:
a. located within a structure having substantial ground floor retail or commercial
activities and designed such that the pedestrian and commercial environments are not
negatively impacted by the parking use; or
b. located at least 175 feet from adjacent arterial streets and behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convalescent and nursing homes for not more than 12 patients.
15. Convention facilities.
16. Daycare centers.
17. Extended -stay hotel /motel.
18. Financial:
a. banking
b. mortgage
c. other services
19. Fix -it, radio or television repair shops/ rental shops.
20. Fraternal organizations.
21. Frozen food lockers for individual or family use.
22. Greenhouses or nurseries (commercial).
23. Heavy equipment repair and salvage.
24. Hotels.
25. Industries involved with etching, film processing, lithography, printing, and
publishing.
26. Internet data/ telecommunication centers.
27. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
28. Libraries, museums or art galleries (public).
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29. Manufacturing, processing and or packaging of foods, including, but not limited to,
baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering).
30. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
31. Manufacturing, processing, and /or packaging previously prepared materials,
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tile and wood.
32. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
33. Medical and dental laboratories.
34. Mortician and funeral homes.
35. Motels.
36. Offices, including:
a. outpatient medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
'ent, and emergency medical and dental.
37. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
38. Pawnbrokers
39. Planned shopping center (mall).
40. Plumbing shops (no tin work or outside storage).
41. Railroad tracks (including lead, spur, loading or storage).
42. Recreation facilities (commercial indoor) athletic or health clubs.
43. Recreation facilities (commercial indoor), including bowling alleys, skating rinks,
shooting ranges.
44. Religious facility with an assembly area less than 750 square feet.
45. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain
trucks).
46. Restaurants, including:
a. drive- through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
47. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
48. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
49. Schools and studios for education or self improvement.
50. Self storage facilities.
51. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
52. Studios art, photography, music, voice and dance.
53. Taverns, nightclubs.
54. Telephone exchanges.
55. Theaters, excluding adult entertainment establishments, as defined by this code.
56. Warehouse storage and /or wholesale distribution facilities.
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57. Other uses not specifically listed in this Title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 18. Ordinances Amended. Ordinance Nos. 2135 §12, 2097 §15 and 2084 §2, as
codified at TMC Section 18.28.040, are amended to read as follows:
18.28.040 Conditional Uses. The following uses may be allowed within the Tukwila Urban
Center District, subject to the requirements, procedures, and conditions established by the
Conditional Use Permits chapter of this title:
1. Amusement parks.
2. Bed and Breakfast lodging; must be located on property adjacent to and not greater
than 500 feet from the Green River, Tukwila Pond or Minkler Pond.
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling multi- family units (max. 22.0 units /acre except senior citizen housing
which is allowed to 100 units /acre, as a mixed -use development that is non industrial in
nature); must be located on property adjacent to and not greater than 500 feet from the Green
River, Tukwila Pond, or Minkler Pond.
8. Indoor animal shelters and kennels, subject to all additional State and local
regulations (less than four cats or dogs does not need a permit).
9. Transit- oriented development housing (which is allowed to 65 units /acre as a
mixed -use development that is non industrial in nature); must be located on property adjacent
to and not greater than one quarter mile from the Sounder Commuter Rail/ Amtrak Station
property.
10. Drive -in theaters.
11. Electrical substations distribution.
12. Fire and police stations.
13. Hospitals. senitariuiau, or sirni rr- iststiiuti&ns:
14. Manufacturing, processing and /or assembling previously prepared metals,
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
15. Park and -ride lots.
16. Radio, television, microwave or observation stations and towers.
17. Recreation facilities (public), including, but not limited to, sports fields, community
centers and golf courses.
18. Schools, preschool, elementary, junior or high schools, and equivalent private
schools.
Section 19. Ordinances Amended. Ordinance Nos. 2097 §16 and 2084 §2, as codified at
TMC Section 18.28.050, are amended to read as follows:
18.28.050 Unclassified Uses. The following uses may be allowed within the Tukwila
Urban Center District, subject to the requirements, procedures and conditions established by
TMC Chapter 18.66, Unclassified Use Permits:
1. Airports, landing fields and heliports (except emergency sites).
2. Essential public facilities, except those uses listed separately in any of the districts
established by this title.
3. Hydroelectric and private utility power generating plants.
4. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant environmental actions.
5. Mass transit facilities.
6. Diversion facility and diversion interim services facility. subiect to being located
within half mile of Metro Transit Center as defined under 18.06.840.
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Section 20. Ordinances Amended. Ordinance Nos. 2021 §5, 1986 §10, 1974 §6, 1971 513, 1830
523, 1814 §2 and 1758 51, as codified at TMC Section 18.30.020, are amended to read as follows:
18.30.020 Permitted Uses. The following uses are permitted outright within the
Commercial Light Industrial District, subject to compliance with all other applicable
requirements of the Tukwila Municipal Code:
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or
TUC zone districts or any other residentially zoned property;
(2) In or within one -half mile of:
(a) Public or private school with curricula equivalent to elementary, junior or
senior high schools, or any facility owned or operated by such schools; and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel; or
(c) public library.
b. The distances specified in TMC Section 18.30.020.1.a shall be measured by
following a straight line from the nearest point of the property parcel upon which the proposed
use is to be located, to the nearest point of the parcel of property or land use district boundary
line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within 1,000 feet
of an existing adult entertainlent establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to an
arterial required.
3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or
used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed.
4. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing Less than five people.
11. Commercial laundries.
12. Commercial parking; provided it is:
a. located within a structure having substantial ground floor retail or commercial
activities and designed such that the pedestrian and commercial environments are not
negatively impacted by the parking use; or
b. located at least 175 feet from adjacent arterial streets and behind a building that,
combined with appropriate Type III landscaping, provides effective visual screening from
adjacent streets.
13. Computer software development and similar uses.
14. Contractor storage yards.
15. Convention facilities.
16. Convalescent and nursing homes for not more than 12 patients.
17. Daycare centers.
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18. Extended -stay hotel /motel.
19. Financial:
a. banking
b. mortgage
c. other services
20. Fix-it, radio or television repair shops rental shops.
21. Fraternal organizations.
22. Frozen food lockers for individual or family use.
23. Greenhouses or nurseries (commercial).
24. Heavy equipment repair and salvage.
25. Hotels.
26. Industries involved with etching, film processing, lithography, printing and
publishing.
27. Internet data /telecommunication centers.
28. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
29. Libraries, museums or art galleries (public).
30. Manufacturing, processing and/ or assembling of electrical or mechanical
equipment, vehicles and machines, including, but not limited to, heavy and light machinery,
tools, airplanes, boats or other transportation vehicles and equipment.
31. Manufacturing, processing and /or packaging of foods, including, but not limited to,
baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering).
32. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
33. Manufacturing, processing, and /or packaging previously prepared materials,
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tile and wood.
34. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
35. Medical and dental laboratories.
36. Mortician and funeral homes.
37. Motels.
38. Offices, including:
a. outoatient medical clinic
b. dental
c. government excluding fire and police
d. stations
e. professional
f. administrative
g. business, such as travel, real estate
h. commercial
39. Outpaticnntriinpaticlit, anal- eme:gacc; edical- a- cntl- dental.
39. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
40. Pawnbrokers.
41. Planned shopping center (mall).
42. Plumbing shops (no tin work or outside storage).
43. Railroad tracks (including lead, spur, loading or storage).
44. Recreation facilities (commercial indoor) athletic or health clubs.
45. Recreation facilities (commercial indoor), including bowling alleys, skating rinks,
shooting ranges.
46. Religious facility with an assembly area less than 750 square feet.
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24
47. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain
trucks).
48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
49. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
50. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
51. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
52. Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter
of this title.
53. Salvage and wrecking operations that are entirely enclosed within a building.
54. Schools and studios for education or self improvement.
55. Self- storage facilities.
56. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
57. Studios art, photography, music, voice and dance.
58. Taverns, nightclubs.
59. Telephone exchanges.
60. Theaters, excluding adult entertainment establishments, as defined by this code.
61. Tow truck operations, subject to all additional State and local regulations.
62. Truck terminals.
63. Warehouse storage and /or wholesale distribution facilities.
64. Other uses not specifically listed in this Title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 21. Ordinances Amended. Ordinance Nos. 2135 §13, 1865 §36,1830 §24 and 1758 §1,
as codified at TMC Section 18.30.040, are amended to read as follows:
18.30.040 Conditional Uses. The following uses may be allowed within the Commercial
Light Industrial District, subject to the requirements, procedures and conditions established by
the Conditional Use Permits chapter of this title:
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Drive -in theaters.
8. Electrical substations distribution.
9. Fire and police stations.
10. Hospitals., sanitarit;r.a: si ::1e: institutio
11. Manufacturing, processing and /or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or
animal products (no rendering or slaughtering).
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12. Manufacturing, processing and /or assembling of previously manufactured metals,
such as iron and steel fabrication; steel production by electric arc melting, argon oxygen
refining, and consumable electrode melting; and similar heavy industrial uses.
13. Manufacturing, processing and /or assembling previously prepared metals,
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
14. Park and -ride lots.
15. Radio, television, microwave or observation stations, and towers.
16. Recreation facilities (commercial outdoor), including golf courses, golf driving
ranges, fairgrounds, animal race tracks, sports fields.
17. Recreation facilities (public), including, but not limited to, sports fields, community
centers and golf courses.
18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work and the assembly of products from the above materials.
Section 22. Ordinances Amended. Ordinance Nos. 2021 56, 1986 511, 1974 57, 1971 514, 1814
52,1774 51 and 1758 51, as codified at TMC Section 18.32.020, are amended to read as follows:
18.32.020 Permitted Uses. The following uses are permitted outright within the Light
Industrial District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code:
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or
TUC zone districts or any other residentially zoned property;
(2) In or within one -half mile of:
(a) Public or private school with curricula equivalent to elementary, junior or
senior high schools, or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel; or
(c) public library.
b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the proposed
use is to be located, to the nearest point of the parcel of property or land use district boundary
line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within 1,000 feet
of an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or
used car sales Iots. No dismantling of cars or travel trailers or sale of used parts allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenters shops employing less than five people.
10. Commercial laundries.
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26
11. Commercial parking subject to TMC Chapter 18.56, Off Street Parking and Loading
Regulations.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Daycare centers.
16. Extended -stay hotel /motel.
17. Financial:
a. banking
b. mortgage
c. other services
18. Fix-it, radio or television repair shops /rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial).
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing and
publishing.
25. Internet data /telecommunication centers.
26. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or assembling previously prepared metals,
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand- forging.
29. Manufacturing, processing and /or assembling of electrical or mechanical
equipment, vehicles and machines, including, but not limited to, heavy and light machinery,
tools, airplanes, boats or other transportation vehicles and equipment.
30. Manufacturing, processing and/ or packaging of food, including, but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
31. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
32. Manufacturing, processing, and /or packaging previously prepared materials,
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tiles and woods.
33. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
34. Medical and dental laboratories.
35. Mortician and funeral homes.
36. Motels.
37. Offices, including:
a. outpatient medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
2 eatpatieM in aides t, and- emeitgency medic -al and eientill:
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38. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
39. Pawnbrokers.
40. Planned shopping center (Mall).
41. Plumbing shops (no tin work or outside storage).
42. Railroad tracks (including lead, spur, loading or storage).
43. Recreation facilities (commercial indoor) athletic or health clubs.
44. Recreation facilities (commercial indoor), including bowling alleys, skating rinks,
shooting ranges.
45. Religious facility with an assembly area less than 750 square feet.
46. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain
trucks).
47. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
48. Restaurants, including:
a. drive through
b. sit down
c. cocktail lounges in conjunction with a restaurant
49. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
50. Retail sales of furniture, appliances, and automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
51. Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter
of this title.
52. Salvage and wrecking operations that are entirely enclosed within a building.
53. Schools and studios for education or self improvement.
54. Self- storage facilities.
55. Storage (outdoors) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
56. Taverns, nightclubs.
57. Telephone exchanges.
58. Theaters, excluding adult entertainment establishments, as defined by this code.
59. Tow truck operations, subject to all additional State and local regulations.
60. Truck terminals.
61. Warehouse storage and /or wholesale distribution facilities.
62. Other uses not specifically listed in this Title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 23. Ordinances Amended. Ordinance Nos. 2135 §14, 1865 §38 and 1758 §1, as
codified at TMC Section 18.32.040, are amended to read as follows:
18.32.040 Conditional Uses. The following uses may be allowed within the Light
Industrial District, subject to the requirements, procedures and conditions established by the
Conditional Use Permits chapter of this title:
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than four cats or dogs does not need a perrnit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
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28
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations distribution.
8. Fire and police stations.
9. Hospitals., sanitariu::.:.;, 5.li-nilat4tisd tut-ions,
10. Manufacturing, processing and /or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or
animal products (no rendering or slaughtering).
11. Manufacturing, processing and /or assembling of previously manufactured metals,
such as iron and steel fabrication; steel production by electric arc melting, argon oxygen
refining, and consumable electrode melting; and similar heavy industrial uses.
12. Park -and -ride lots.
13. Radio, television, microwave or observation stations and towers.
14. Recreation facilities (commercial outdoor), including golf courses, golf driving
ranges, fairgrounds, animal race tracks, sports fields.
15. Recreation facilities (public), including, but not limited to, sports fields, community
centers and golf courses.
16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
Section 24. Ordinances Amended. Ordinance Nos. 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814
§2, 1774 §2 and 1758 §1, as codified at TMC Section 18.34.020, are amended to read as follows:
18.34.020 Permitted Uses. The following uses are permitted outright within the Heavy
Industrial District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code:
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or
TUC zone districts or any other residentially zoned property;
(2) In or within one -half mile of:
(a) Public or private school with curricula equivalent to elementary, junior or
senior high schools, or any facility owned or operated by such schools; and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library.
b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the proposed
use is to be located, to the nearest point of the parcel of property or land use district boundary
line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within 1,000 feet
of an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or
used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed.
3. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
4. Beauty or barber shops.
5. Bicycle repair shops.
6. Billiard or pool rooms.
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7. Brew pubs.
8. Bus stations.
9. Cabinet shops or carpenters shops employing less than five people.
10. Commercial laundries.
11. Commercial parking subject to TMC Chapter 18.56, Off Street Parking and Loading
Regulations.
12. Computer software development and similar uses.
13. Contractor storage yards.
14. Convention facilities.
15. Daycare centers.
16. Extended -stay hotel /motel.
17. Financial:
a. banking
b. mortgage
c. other services
18. Fix -it, radio or television repair shops /rental shops.
19. Fraternal organizations.
20. Frozen food lockers for individual or family use.
21. Greenhouses or nurseries (commercial).
22. Heavy equipment repair and salvage.
23. Hotels.
24. Industries involved with etching, film processing, lithography, printing, and
publishing.
25. Internet data /telecommunication centers.
26. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
27. Libraries, museums or art galleries (public).
28. Manufacturing, processing and /or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or
animal products (no rendering or slaughtering).
29. Manufacturing, processing and /or assembling of electrical or mechanical
equipment, vehicles and machines, including, but not limited to, heavy and light machinery,
tools, airplanes, boats or other transportation vehicles and equipment.
30. Manufacturing, processing and/ or assembling of previously manufactured metals,
such as iron and steel fabrication; steel production by electric arc melting, argon oxygen
refining, and consumable electrode melting; and similar heavy industrial uses.
31. Manufacturing, processing and /or assembling previously prepared metals,
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand- forging.
32. Manufacturing, processing and /or packaging of food, including, but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
33. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
34. Manufacturing, processing, and/ or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tile and wood.
35. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
36. Medical and dental laboratories.
37. Mortician and funeral homes.
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30
38. Motels.
39. Offices, including:
a. outpatient medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
4.0OL iei t, inpit4en -t -and c111e3'gericy medical and -t e ah
40. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or comlercial recreation.
41. Pawnbrokers.
42. Planned shopping center (mall).
43. Plumbing shops (no tin work or outside storage).
44. Railroad tracks (including lead, spur, loading or storage).
45. Recreation facilities (commercial indoor), athletic or health clubs.
46. Religious facility with an assembly area less than 750 square feet.
47. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain
trucks).
48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
49. Restaurants, including:
a. drive- through
b. sit down
c. cocktail lounges in conjunction with a restaurant
50. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment, and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
51. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
52. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
53. Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter
of this title.
54. Salvage and wrecking operations.
55. Schools and studios for education or self improvement.
56. Self- storage facilities.
57. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
58. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
59. Taverns, nightclubs.
60. Telephone exchanges.
61. Theaters, excluding adult entertainment establishments, as defined by this code.
62. Tow truck operations, subject to all additional State and local regulations.
63. Truck terminals.
64. Warehouse storage and /or wholesale distribution facilities.
65. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
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c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 25. Ordinances Amended. Ordinance Nos. 2135 §15, 1865 §40 and 1758 §1, as
codified at TMC Section 18.34.040, are amended to read as follows:
18.34.040 Conditional Uses. The following uses may be allowed within the Heavy
Industrial District, subject to the requirements, procedures and conditions established by the
Conditional Use Permits chapter of this title:
1. Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local regulations
(less than four cats or dogs does not need a permit).
3. Cemeteries and crematories.
4. Religious facility with an assembly area greater than 750 square feet and community
center buildings.
5. Colleges and universities.
6. Drive -in theaters.
7. Electrical substations distribution.
8. Fire and police stations.
9. Hazardous waste treatment and storage facilities (off -site) subject to compliance with
State siting criteria (RCW 70.105; see TMC Chapter 21.08).
10. Hospitals., sar "ariums, =m:Ihr ixetitti tiens-
11. Park- and -ride lots.
12. Radio, television, microwave or observation stations and towers.
13. Recreation facilities (commercial outdoor), including golf courses, golf driving
ranges, fairgrounds, animal race tracks, sports fields.
14. Recreation facilities (public), including, but not limited to, sports fields, community
centers and golf courses.
Section 26. Ordinances Amended. Ordinance Nos. 2235 56, 2021 58, 1986 513, 1974 59, 1954
52, 1814 52, 1774 53 and 1758 51, as codified at TMC Section 18.36.020, are amended to read as
follows:
18.36.020 Permitted Uses. The following uses are permitted outright within the
Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other
applicable requirements of the Tukwila Municipal Code:
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City Limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or
TUC zone districts or any other residentially -zoned property;
(2) In or within one -half mile of:
(a) Public or private school with curricula equivalent to elementary, junior or
senior high schools, or any facility owned or operated by such schools; and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel; or
(c) public library.
b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon whidn the proposed
use is to be located, to the nearest point of the parcel of property or land use district boundary
line from which the proposed Iand use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within 1,000 feet
of an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Automotive services:
a. gas, outside pumps allowed
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b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
5. Brew pubs.
6. Bus stations.
7. Commercial laundries.
8. Contractors storage yards.
9. Daycare centers.
10. Extended -stay hotel /motel.
11. Heavy equipment repair and salvage.
12. Hotels.
13. Industries involved with etching, film processing, lithography, printing and
publishing.
14. Internet data /telecommunication centers.
15. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Manufacturing, processing and /or assembling of electrical or mechanical
equipment, vehicles and machines, including, but not limited to, heavy and light machinery,
tools, airplanes, boats or other transportation vehicles and equipment.
18. Manufacturing, processing and /or assembling previously prepared metals,
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
19. Manufacturing, processing and /or packaging of food, including, but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
20. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
21. Manufacturing, processing, and /or packaging previously prepared materials,
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tile and wood.
22. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
23. Motels.
24. Offices including, but not limited to software development and similar uses,
financial services, schools and studios for education or self improvement less than 20,000 square
feet. This cateoory does not include outpatient medical and dental clinics.
25. Oa aticr- i-iapa ien and c ne- gee -ay ma. iea4 -and iei tai
25. Parks, trails, picric areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
26. Railroad tracks (including lead, spur, loading or storage).
27. Recreation facilities (commercial indoor) athletic or health clubs.
28. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain
trucks).
29. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
30. Research and development facilities.
31. Restaurants, including:
a. drive through
b. sit down
c. cocktail lounges in conjunction with a restaurant
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32. Sales and rental of heavy machinery and equipment subject to Landscaping
requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter
of this title.
33. Salvage and wrecking operations which are entirely enclosed within a building
34. Self storage facilities.
35. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet and to a height of 50 feet with a front yard setback of 100 feet; security
required.
36. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
37. Taverns, nightclubs.
38. Telephone exchanges.
39. Tow truck operations, subject to all additional State and local regulations.
40. Truck terminals.
41. Warehouse storage and /or wholesale distribution facilities.
42. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 27. Ordinances Amended. Ordinance Nos. 2235 57, 2021 59, 1986 514, 1974 510, 1971
516, 1814 52, 1774 54 and 1758 51, as codified at TMC Section 18.32.020, are amended to read as
follows:
18.38.020 Permitted Uses. The following uses are permitted outright within the
Manufacturing Industrial Center Heavy Industrial District, subject to compliance with all
other applicable requirements of the Tukwila Municipal Code:
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or
TUC zone districts or any other residentially zoned property;
(2) In or within one -half mile of:
(a) Public or private school with curricula equivalent to elementary, junior or
senior high schools, or any facility owned or operated by such schools; and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel; or
(c) public library.
b. The distances specified in TMC Section 18.38.020.1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the proposed
use is to be located, to the nearest point of the parcel of property or land use district boundary
line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within 1,000 feet
of an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
3. Beauty or barber shops.
4. Bicycle repair shops.
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5. Brew pubs.
6. Bus stations.
7. Computer software development and similar uses.
8. Contractor storage yards.
9. Daycare centers.
10. Extended -stay hotel /motel.
11. Financial:
a. banking
b. mortgage
c. other services
12. Heavy equipment repair and salvage.
13. Heavy metal processes such as smelting, blast furnaces, drop forging or drop
hammering.
14. Hotels.
15. Industries involved with etching, film processing, lithography, printing and
publishing.
16. Internet data/ telecommunication centers.
17. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
18. Libraries, museums or art galleries (public).
19. Manufacturing, processing and /or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or
animal products (no rendering or slaughtering).
20. Manufacturing, processing and /or assembling of previously manufactured metals,
such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining
and consumable electrode melting; and similar heavy industrial uses.
21. Manufacturing, processing and /or assembling previously prepared metals,
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand- forging.
22. Manufacturing, processing and /or assembling of electrical or mechanical
equipment, vehicles and machines, including, but not limited to, heavy and light machinery,
tools, airplanes, boats or other transportation vehicles and equipment.
23. Manufacturing, processing and /or packaging of food, including, but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
24. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
25. Manufacturing, processing, and /or packaging previously prepared materials,
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tile and wood.
26. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices and recording equipment.
27. Motels.
28. Offices; must be associated with another permitted uses (e.g., administrative offices
for a manufacturing company present within the MIC).
J +tpatiei inpatientrend-emergency medical- aix4eatal,
29. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
30, Railroad tracks (including lead, spur, loading or storage).
31. Recreation facilities (commercial indoor), athletic or health clubs.
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32. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain
trucks).
33. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
34. Research and development facilities.
35. Restaurants, including:
a. drive through
b. sit down
c. cocktail lounges in conjunction with a restaurant
36. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
37. Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter
of this title.
38. Salvage and wrecking operations.
39. Schools and studios for education or self improvement.
40. Self storage facilities.
41. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard
setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security
required.
42. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
43, Taverns, nightclubs.
44. Telephone exchanges.
45. Tow truck operations, subject to all additional State and local regulations.
46. Truck terminals.
47. Warehouse storage and /or wholesale distribution facilities.
48. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 28. Ordinances Amended. Ordinance Nos. 2135 §17, 2028 §2, 1865 §44 and 1758 §1,
as codified at TMC Section 18.38.040, are amended to read as follows:
18.38.040 Conditional Uses. The following uses may be allowed within the Manufacturing
Industrial Center /Heavy Industrial District, subject to the requirements, procedures and
conditions established by the Conditional Use Permits chapter of this title:
1. Colleges and universities.
2. Electrical substations distribution.
3. Fire and police stations.
4. Hazardous waste treatment and storage facilities (off -site) subject to compliance with
State siting criteria (RCW 70.105; see TMC Chapter 21.08).
5. Offices not associated with other permitted uses and excluding medical /dental
clinics, subject to the following location and size restrictions:
a. New office developments:
(1) New office developments shall not exceed 100,000 square feet of gross floor
area per lot that was legally established prior to 09/20/2003.
(2) No new offices shall be allowed on lots that abut the Duwamish River and
are north of the turning basin. The parcels that are ineligible for stand -alone office uses are
shown in Figure 18 -12.
b. An existing office development established prior to 12/11/1995 (the effective
date of the Comprehensive Plan) that exceeds the maximum size limitations, may be recognized
as a conforming Conditional Use under the provisions of this code. An existing office
development established prior to 12 -11 -1995 (the effective date of the Comprehensive Plan) may
convert to a stand -alone office use subject to the provisions of this code.
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6. Park -and -ride lots.
7. Radios, television, microwave or observation stations and towers.
8. Recreation facilities (public), including, but not limited to, sports fields, community
centers and golf courses.
9. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods and similar items; limited to uses of a type and size
that clearly intend to serve other permitted uses and /or the employees of those uses.
Section 29. Ordinances Amended. Ordinance Nos. 2235 §8, 2097 §17, 2021 §10, 1986 §15,
1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5 and 1758 §1, as codified at TMC Section 18.40.020,
are amended to read as follows:
18.40.020 Permitted Uses. The following uses are permitted outright within the Tukwila
Valley South District, subject to compliance with all other applicable requirements of the
Tukwila Municipal Code:
1. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or
TUC zone districts or any other residentially zoned property;
(2) In or within one -half mile of:
(a) Public or private school with curricula equivalent to elementary, junior or
senior high schools, or any facility owned or operated by such schools; and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library.
b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the proposed
use is to be located, to the nearest point of the parcel of property or land use district boundary
line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within 1,000 feet
of an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to an
arterial required.
3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or
used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed.
4. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking, subject to TMC Chapter 18.56, Off -Street Parking and Loading
Regulations.
13. Computer software development and similar uses.
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14. Contractor's storage yards.
15. Convalescent and nursing homes for not more than twelve patients.
16. Convention facilities.
17. Daycare centers.
18. Dwelling one detached single family unit per existing lot (includes factory built or
modular home that meets UBC).
19. Extended -stay hotel /motel.
20. Farming and farm- related activities.
21. Financial:
a. banking
b. mortgage
c. other services
22. Fix-it, radio or television repair shops /rental shops.
23. Fraternal organizations.
24. Frozen food lockers for individual or family use.
25. Greenhouses or nurseries (commercial).
26. Heavy equipment repair and salvage.
27. Hotels.
28. Industries involved with etching, film processing, lithography, printing and
publishing.
29. Internet data/ telecommunication centers.
30. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
31. Libraries, museums or art galleries (public).
32. Manufacturing, processing and /or packaging of food, including, but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
33. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
34. Manufacturing, processing, and /or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tile and wood.
35. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices and recording equipment.
36. Medical and dental Iaboratories.
37. Mortician and funeral homes.
38. Motels.
39. Offices, including:
a. outpatient medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
4:\ O aticnt, in aticn and emergency tal.
40. Pawnbrokers.
41. Planned shopping center (maIl).
42. Plumbing shops (no tun work or outside storage).
43. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
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44. Railroad tracks (including lead, spur, loading or storage).
45. Recreation facilities (commercial indoor), athletic or health clubs.
46. Recreation facilities (commercial indoor), including bowling alleys, skating rinks,
shooting ranges.
47. Religious facility with an assembly area of less than 750 square feet.
48. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain
trucks).
49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
50. Research and development facilities.
51. Restaurants, including:
a. drive through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
52. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
53. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
54. Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter
of this title.
55. Salvage and wrecking operations that are entirely enclosed within a building.
56. Schools and studios for education or self improvement.
57. Self storage facilities.
58. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter; and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
59. Studios art, photography, music, voice and dance.
60. Taverns, nightclubs.
61. Telephone exchanges.
62. Theaters, excluding adult entertainment establishments, as defined by this code.
63. Tow truck operations, subject to all additional State and local regulations.
64. Truck terminals.
65. Warehouse storage and /or wholesale distribution facilities.
66. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 30. Ordinance Amended. Ordinance No. 2251, as codified at TMC Section 18.41.020,
is amended to read as follows:
18.41.020 Permitted Uses. The following uses are permitted outright within the Tukwila
South Overlay district, subject to compliance with all other applicable requirements of the
Tukwila Municipal Code:
1. Adult daycare.
2. Adult entertainment establishments are permitted, subject to the following location
restrictions:
a. No adult entertainment establishment shall be allowed within the following
distances from the following specified uses, areas or zones, whether such uses, areas or zones
are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within one -half mile of:
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(a) Public or private school with curricula equivalent to elementary, junior or
senior high schools, or any facility owned or operated by such schools; and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail or public recreational facility; or
(b) church, temple, synagogue or chapel; or
(c) public library.
b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by
following a straight line from the nearest point of the property parcel upon, which the proposed
use is to be located, to the nearest point of the parcel of property or land use district boundary
line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within 1,000 feet
of an existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
3. Amusement parks.
4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or
used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed.
5. Automotive services:
a. gas, outside pumps allowed
b. washing
c. body and engine repair shops (enclosed within a building)
6. Beauty or barber shops.
7. Bed and breakfast lodging.
8. Bicycle repair shops.
9. Billiard or pool rooms.
10. Brew pubs.
11. Bus stations.
12. Cabinet shops or carpenters shops employing less than five people.
13. Colleges and universities.
14. Computer software development and similar uses.
15. Continuing care retirement facility.
16. Convalescent and nursing homes.
17. Convention facilities.
18. Daycare centers.
19. Dwelling (allowed after residential design manual with criteria for approval is
adopted by ordinance):
a. one detached single family unit per lot
b. multi- family
c. multi- family units above office and retail space
d. senior citizen housing
20. Electrical substation and distribution.
21. Extended -stay hotel /motel.
22. Farming and farm related activities.
23. Financial:
a. banking
b. mortgage
c. other services
24. Fire and police stations.
25. Fix -it, radio or television repair shops /rental shops.
26. Fraternal organizations.
27. Frozen food lockers for individual or family use.
28. Greenhouses or nurseries (commercial).
29. Hospitals.
30. Hotels.
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31. Industries involved with etching, film processing, lithography, printing and
publishing.
32. Internet data telecommunication centers.
33. Laundries:
a. self -serve
b. dry cleaning
c. tailor, dyeing
d. commercial
34. Libraries, museums or art galleries (public).
35. Manufacturing, processing and /or packaging of food, including, but not limited to,
baked goods, beverages (including fermenting and distilling), candy, canned or preserved
foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
36. Manufacturing, processing and /or packaging pharmaceuticals and related products,
such as cosmetics and drugs.
37. Manufacturing, processing, and /or packaging previously prepared materials
including, but not Limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tile and wood.
38. Manufacturing, processing, assembling, packaging and/ or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
39. Medical and dental laboratories.
40. Motels.
41. Movie theaters with three or fewer screens.
42. Neighborhood stormwater detention and treatment facilities.
43. Offices, including:
a. Ou toatient medical clinic
b. dental
c. government excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
11. Ou atient, inpatient, and emergency medical and dental:
44. Pawnbrokers.
45. Planned shopping center (mall) up to 500,000 square feet.
46. Plumbing shops (no tin work or outside storage).
47. Parks, trails, picnic areas and playgrounds (public), but not including amusement
parks, golf courses or commercial recreation.
48. Private stable.
49. Recreation facilities (commercial indoor), athletic or health clubs.
50. Recreation facilities (commercial indoor), including bowling alleys, skating rinks,
shooting ranges.
51. Religious facility with an assembly area of less than 750 square feet.
52. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and certain
trucks).
53. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
54. Research and development facilities.
55. Restaurants, including:
a. drive through
b. sit down
c. cocktail lounges in conjunction with a restaurant
56. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions,
crafts and craft supplies, housewares, consumer electronics, photo equipment and film
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processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts,
recreation equipment and sporting goods, and similar items.
57. Retail sales of furniture, appliances, automobile parts and accessories, liquor,
lumber /building materials, lawn and garden supplies, farm supplies.
58. Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter
of this title.
59. Schools and studios for education or self improvement.
60. Self- storage facilities.
61. Sewage lift stations.
62. Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter, and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
63. Studios art, photography, music, voice and dance.
64. Taverns, nightclubs.
65. Telephone exchanges.
66. Theaters for live performances only, not including adult entertainment
establishments.
67. Tow truck operations, subject to all additional State and local regulations.
68. Water pump station.
69. Vehicle storage (no customers onsite, does not include park -and -fly operations).
70. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within
this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 31. 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 32. 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 there of this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
City of Tukwila
Community Affairs and Parks Committee
March 8, 2010 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Joe Duffie, Chair; Joan Hernandez and Verna Seal
Staff: Jack Pace, Nora Gierloff, Shelley Kerslake, Brandon Miles, Evie Boykan, Steve Lancaster and
Kimberly Matej
Guests: Bill Hobson, Executive Director of DESC and Cynthia Kennedy, Attorney for Graham Dunn
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Zoning Code: Sensitive Areas Regulations
Staff is seeking Committee approval to forward changes to the Sensitive Areas Ordinance and Map
(Tukwila Municipal Code 18.45) to the Planning Commission for review and subsequent recommendation
to full Council.
Amendments to the ordinance include clarifying special studies, revising wetland classification system,
clarifying off -site buffer mitigation, and removing sensitive areas from the Map that do not meet the
sensitive area criteria. FORWARD TO PLANNING COMMISSION FOR REVIEW.
B. Zoning Code: Crisis Diversion Facilities and Interim Services Facilities
Staff is seeking full Council approval of a draft ordinance amending Title 18 of the Tukwila Municipal
Code updating the Code, defining diversion facility and diversion interim services facility, and clarifying
the definition of convalescent/nursing home, outpatient medical clinic and hospital.
The Planning Commission recommends, and staff concurs, that crisis diversion facilities and crisis
diversion interim service facilities be allowed within a one -half mile walking distance from the Transit
Center located on Andover park West in the Tukwila Urban Center. Additionally, the Planning Commission
recommends that crisis diversion facilities and crisis diversion interim service facilities be required to
obtain an Unclassified Use Permit from the City. This type of permit will allow for a transparent and public
process for the siting of the aforementioned diversion facilities. UNANIMOUS APPROVAL.
FORWARD TO MARCH 15 REGULAR FOR BRIEFING AND DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 5:11 p.m.
Next meeting: Monday, March 22, 2010 5 :00 p.m. Conference Room #3
Committee Chair Approval
MiNItes by KAM. Reviewed by SK.
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1 CAS NUMBER: 10-038
MTG. DATE
04/12/10
MTG. DATE
04/12/10
Initials
Meeting Date Prepared by f Maypr'seview ,—Council review
04/12/10 kas 1 90AK
04/19/10 kas
1U-- r )3
COUNCIL AGENDA SYNOPSIS
5.8.
ITEM INFORMATION
1 ORIGINAL AGENDA DATE: APRIL 12, 2010
AGENDA ITEM TITLE Residential Rental Business License and Inspection Program
CATEGORY Discussmn n Motion Resolution Ordinance n Bid Award Public Hearing n Other
Mtg Date 03/22/10 Mtg Date Mtg Date 04/19/10 Mtg Date 04/19/10 Mtg Date Mtg Date Mtg Date
1SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIYI
SPONSOR'S A proposal to require all rental dwelling units obtain an annual residential rental business
SUMMARY license. The license requires an inspection every fifth year. Associated fee resolution.
The Council is being asked to consider and approve the ordinance and associated
resolution
ITEM No.
REVIEWED BY 111 COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte n Arts Comm. I Parks Comm. Planning Comm.
DATE: 03/22/10
RE COMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COSTIMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$203,000 $203,000
Fund Source: FEE SUPPORTED 2011: 101,500 2012: 101,500
Comments: Expenditures cover staffing and materials
RECORD OF COUNCIL ACTION
so
ATTACHMENTS
Informational Memorandum dated 4/12/10
Ordinance in Draft Form
Fee Resolution in Draft Form
Minutes from the Community Affairs and Parks Committee meeting of 03/22/10
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TO:
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Committee of the Whole
FROM: Jack Pace, Community Development Director
DATE: April 7, 2010
SUBJECT: Residential Rental Housing Licensing and Inspection Draft Ordinance
ISSUE
Should the City require a residential rental business license and mandatory inspection for all
rental dwelling units?
BACKGROUND
Jim Haggerton, Mayor
As part of 2008 program goals, the City Council asked that we develop a proposal for a rental
housing inspection program. Staff presented the draft ordinance, draft fee resolution and an
overview of this program to Community Affairs and Parks Committee on March 22, 2010. The
committee forwarded this item to the full council and has recommended approval.
The purpose of any rental housing and inspection program is to ensure that our citizens are
living in units that are safe and healthy. Code Enforcement staff regularly investigates
complaints from tenants about conditions in their units. In many cases, the tenants have
previously notified their landlords, but the violations remain unrepaired. We provide information
to tenants on effective ways to complain, and we work with the landlords to respond more
appropriately. We are careful to follow the State Landlord- Tenant laws, and require tenants and
landlords to do the same.
Staff believes that a proactive and on -going inspection program would prevent many
substandard conditions BEFORE tenants occupy the units. By requiring inspections of all units,
the tenant no longer is put in the middle or subject to threats of eviction or other forms of
harassment for notifying code enforcement about problems with their units. Many of our
citizens are new immigrants and are unfamiliar with the requirements and protections of the
Landlord- Tenant laws. Code Enforcement staff will no longer be required to wait for a
complaint to be filed before action can be taken. City of Pasco, currently the only city in the
state with a mandatory inspection program, reports significant improvement in their rental
housing stock over the 10 years of their program. Improved housing can also spur economic
development, lower crime, increase property values, and generally improve the quality of life for
all our citizens.
According to the 2004 "City of Tukwila Housing Needs Assessment Condition Survey
60% of Tukwila households live in rental housing
40% of renter occupied housing units are rated as "needs maintenance "deteriorated or
"dilapidated"
65% of Tukwila's housing stock overall is 40 -50 years old or older
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Committee of the Whole
Residential Rental Licensing and Inspection Program
April 12, 2010
Page 2
Please note that the ordinance reviewed by CAP underwent a few minor revisions after the
CAP meeting. A "red Tined" version was provided to the committee members prior to this
meeting. The draft ordinance in this packet shows where the changes were made.
DISCUSSION
Staff has been working on this program for at least four years. We have researched programs
in other cities and other states to evaluate and glean the successes. The ordinance before you
tonight represents this work.
At a briefing before the Community Affairs and Parks Committee in December 2009, staff
indicated that we would be bringing the matter to the Council by second or third quarter 2010.
However, in late December 2009, staff learned of pending state legislation proposed by the
Washington Rental Housing Industry Coalition (WRHIC) which would place severe limits on
rental housing inspection programs. Staff actively participated in joint discussions with AWC,
WRHIC and the sponsoring legislators in an effort to achieve agreement on the bill language.
In the end, AWC, Tukwila, and other cities were unable to support the bill before the legislature.
Staff testified at a Senate hearing in opposition to the bill. Despite our efforts, the bill was
adopted and signed by the Governor March 19, 2010, becoming effective June 10, 2010.
The bill does contain language which specifically exempts any municipality which has adopted
an ordinance as of the effective date of the bill (by June 10). It also specifically permits such
adopted ordinances to be amended. Since Tukwila has been actively working on a residential
rental housing licensing and inspection program for quite some time, staff felt it was appropriate
and necessary to get this ordinance before the Council for their consideration before the
effective date of the new legislation.
The City's ordinance under consideration today is one that would:
Require all rental unit owners to obtain an annual residential rental business license
Require an inspection of all units every fifth year
Set fees which would cover the costs of this program
Implementation Schedule and Phased Roll Out: There are approximately 4000 rental dwelling
units in the City of Tukwila. Implementing a broad program of licensing and inspections will
require that we roll out in phases. Our program would:
Require all residential rental property owners to obtain an annual residential rental
business license beginning January 1, 2011.
Require all residential rental units to be inspected every fifth year, rolled out in phases
over the next three years.
The remainder of 2010 will be spent developing the forms, implementing the software
improvements, educating landlords and tenants about the program, and establishing the
process.
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Committee of the Whole
Residential Rental Licensing and Inspection Program
April 12, 2010
Page 3
Process Details:
All rental property owners must apply for and obtain an annual residential rental
business license.
All units must pass an inspection in order to obtain the business license.
Initially, the City will issue a "provisional license" with a deadline for submitting the
inspection certificate. The provisional license will be valid for the calendar year issued.
The deadlines for obtaining the initial inspections are:
Property Type
5+ units per property
12 -4 units per property and rental condos
Single family ADUs
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Inspection Deadline
December 31, 2011
December 31, 2012
December 31, 2013
All owners must submit an "Inspection Certificate" signed and dated by the inspector
showing the inspection results for each unit by the above deadline.
A "Certificate of Compliance" will be issued by the City for units achieving a score of
less than 25 on the inspection certificate.
The certificate of compliance is valid for four calendar years. A copy will be retained in
the City Code Enforcement office along with the inspection certificate.
With a valid certificate of compliance, the owner must only renew their annual residential
rental business license.
The Owner must submit a new inspection certificate before the expiration of the
previous one (every 5` year).
Failure to obtain a certificate of compliance will result in the City declaring the unit Unfit
for Occupancy. Tenants, if any, must vacate the unit.
The unit cannot be legally occupied until the repairs are completed, an inspection
certificate submitted, and a certificate of compliance and residential rental business
license for that unit is issued.
Inspection Details: We are proposing an inspection checklist that is based on the standards in
the International Property Maintenance Code (IPMC) which the City adopted in 2004 as its
housing code. Inspectors will be evaluating the exterior property conditions (debris
accumulation, junk vehicles), exterior structural elements (foundation, exterior walls, roof,
balconies, railings, etc.), and interior conditions (electrical and plumbing systems, windows and
doors, hot/cold water service, heat, emergency egress and other items).
We have assigned a point value to the inspection items reflecting the severity of the violation.
In determining the value of each inspection item, we referred to the IPMC section regarding
unsafe structures and equipment for guidance. Violations of these standards pose a life- safety
risk and constitute an automatic failure of the inspection "25" points). These include such
things as no permanent source of heat, no water, blocked emergency egress, lack of a kitchen
or bathroom, lack of electrical service, or electrical hazards, etc.
Violations which are less severe, but still affect the overall quality of the housing are given a
lower point value ("1", "2 or "3 These items include such things as broken windows, mold,
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Committee of the Whole
Residential Rental Licensing and Inspection Program
April 12, 2010
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inadequate door locks, inadequate ventilation, lack of address numbers, loose handrails, debris
accumulation, etc.
Inspections in general:
Landlords have the option of using city inspectors or hiring a private inspector who
meets certain qualifications. Private inspectors must be pre- approved by the City.
Units which accrue fewer than 25 points on their inspection certificate pass the
inspection. The City will then issue a "Certificate of Compliance" for that unit along with
the residential rental business license.
The certificate of compliance is valid for four calendar years from the date it is issued by
the City. All certificates of compliance will expire on December 31 four calendar years
after issuance, to coincide with the expiration date of the annual business licenses.
Units which accrue 25 points or more on their inspection certificate will be required to be
repaired by the owner.
The owner has 30 days to make the necessary repairs and request a re- inspection.
Under most conditions, during the 30 -day repair period, the unit may continue to be
occupied.
Upon re- inspection, if unit achieves a score of Tess than 25, the certificate of compliance
and the residential rental business license for that unit is issued. Re- inspections
require additional per -unit inspection fees.
If the unit fails the second inspection, the certificate of compliance will not be issued.
The unit will be posted "Unfit for Occupancy It will not be available for rent until the
repairs are completed and pass inspection.
If a failed unit is occupied, the tenant will be required to move and may be eligible for
Relocation Assistance under TMC 8.46.
A copy of the inspection checklist will be included with the application form to allow landlords to
prepare for the inspection. It will also be available for download from the City's website, along
with the application form and other information about the program.
The landlord is required to make the necessary repairs in order to achieve a "score" of Tess than
25 on the inspection checklist. Although certain items are deemed an automatic failure, it is
also possible to "fail" the inspection by the accumulation of 25- points worth of smaller items. In
either event, the score must be below 25 in order to receive the certificate of compliance and
the residential rental business license for that unit.
Costs: The anticipated cost of this program will include supplies and staff for inspecting,
issuing, and tracking residential rental business licenses. We expect that the inspections will
take approximately 30 minutes to complete. The inspections will either be performed by private
inspectors hired by the landlord, or current inspector staff (building inspectors and code
enforcement officers), with city- contracted inspectors used to fill in on an as- needed basis.
Administrative support will need to be increased by .50 fte to manage the administrative tasks
and scheduling. Phasing the roll out over three years will naturally spread out the inspection
schedule.
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Committee of the Whole
Residential Rental Licensing and Inspection Program
April 12, 2010
Page 5
Fees: Currently owners of complexes with more than four units pay an annual business
license fee of $100.00. Under our proposal, all rental property owners will need to obtain an
annual residential rental business license (in lieu of the regular business license) and pay an
annual fee:
50.00 (1 -4 units on a property, including rental condominiums)
$100.00 (5 or more units on a property)
In addition to the annual residential rental business license fee, there will be a per -unit
inspection fee of $35.00. The inspection fee is due and payable:
Only on the years that an inspection is due
Only if the landlord chooses a City Inspector
The cost of the inspections amounts to Tess than $.75 per unit per month over the four -year
period. Costs for any required repairs cannot be anticipated.
Enforcement: For this program to be effective there must be consequences for violations. In
some cases, units will fail inspections and the repairs will not be completed. In that case, the
certificate of compliance and the residential rental business license for that unit will not be
issued. The unit will be posted "Unfit for Occupancy," and the unfit units may not be occupied
until the repairs are completed, inspected and passed.
If a unit fails the second inspection, the City will issue a Notice of Non Issuance of Certificate of
compliance and will revoke or not issue the residential rental business license for that unit. The
notice of non issuance will contain appeal provisions. Appeals will be heard by the Tukwila
Hearing Examiner.
If the unfit unit is occupied tenants may be eligible for Relocation Assistance (TMC 8.46).
RECOMMENDATION
Forward draft ordinance and associated fee resolution to the April 12, 2010 Committee of the
Whole Meeting for discussion and April 19, 2010 Regular Meeting for adoption.
ATTACHMENTS:
Ordinance in Draft form
Fee Resolution in Draft form
Minutes from the Community Affairs and Parks Committee meeting of 3/22/10
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t
R AFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING RESIDENTIAL RENTAL HOUSING
REGULATIONS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 5.06, "RESIDENTIAL RENTAL BUSINESS LICENSE AND
INSPECTION PROGRAM PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila commissioned a City of Tukwila Housing Needs
Assessment and Condition Survey, which found that 60 percent of Tukwila households
live in rental housing, 40 percent of renter occupied housing units are rated as "needs
maintenance," "deteriorated" or "dilapidated," and 65 percent of Tukwila's housing
stock overall is 40 -50 years old or older; and
WHEREAS, the City Council has determined substandard and unsanitary
residential buildings and dwelling units exist within the City of Tukwila, the physical
condition of which violates State and local housing and technical codes, rendering them
unfit or unsafe for human occupancy and habitation; and
WHEREAS, the existence of such substandard buildings and dwelling units
threatens the physical, social and economic stability of sound residential units and of
their supporting neighborhood facilities; necessitates the expenditure of public funds
for remedial action and abatement; and destroys the amenity of residential areas and
neighborhoods and of the community as a whole; and
WHEREAS, improving the residential housing environment and providing for
neighborhood stability throughout the City requires periodic inspection of residential
rental housing units in the City to ensure such premises conform to the City's Housing
Code and other applicable laws; and
WHEREAS, in order to provide for such periodic inspection of residential rental
housing units, these regulations establish a Residential Rental Business License and
Inspection Program to protect occupants from substandard housing; and
WHEREAS, the fees imposed pursuant to these regulations shall not exceed the
reasonable cost of providing the services for which such fees are charged; and
WHEREAS, such fees imposed to recover the cost of the Residential Rental Business
License and Inspection Program are not imposed on property ownership, but rather on
the carrying out of the business of renting residential property subject to these
regulations; and
WHEREAS, nothing in these regulations shall limit the City's ability to inspect
properties and issue citations/ orders for property- related conditions that may
constitute an immediate threat to health or safety;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. New Regulations Established. New residential rental housing
regulations, to be codified at Tukwila Municipal Code Chapter 5.06, "Residential Rental
Business License and Inspection Program," are hereby established to read as follows:
Page 1 of 6
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5.06.010 Declaration of Purpose. The City Council finds that the establishment of a
Residential Rental Business License and Inspection Program for rental units is necessary
to protect the public health, safety and welfare by ensuring the proper maintenance of
such housing, by identifying and requiring correction of substandard housing
conditions, and by preventing conditions of deterioration and blight that could
adversely impact the quality of life in the City of Tukwila.
5.06.020 Definitions. Unless specifically defined below, words or phrases used in
this chapter shall be interpreted using the meaning they have in common usage and to
give this chapter its most reasonable application.
1. "Accessory dwelling unit" or "ADU" means a unit that meets the requirements
of TMC Section 18.10.030(2).
2. "Applicable Iaws" include, but are not limited to, the City's housing code, the
City zoning ordinance and other City ordinances, and other laws or regulations relating
to the health and safety of City residents or the general public.
3. "Certificate of Compliance" means the certificate issued by the City evidencing
compliance with the requirements of this chapter. A Certificate of Compliance is
required before a unit can be rented.
4. "Code official" means the Department of Community Development Director or
his /her designee.
5. "City" means the City of Tukwila, Washington.
6. "Deficiency" means any failure by a rental unit to comply with applicable
laws.
7. "Department" means the City of Tukwila Department of Community
Development.
8. "Inspection Certificate" means the document submitted to the City as the result
of an inspection conducted by an inspector which shows the true condition of the unit.
An Inspection Certificate must be signed and dated by the inspector.
9. 'Inspector" means:
a. A City building code inspector;
b. A City code enforcement officer;
c. A private inspector, approved by the City upon evidence of at least one of
the following credentials: A.A.C.E. Property Maintenance and Housing Inspector
certification, I.C.C. Property Maintenance and Housing Inspector certification, or I.C.C.
Residential Building Code Inspector;
d. A Washington State licensed architect; or
e. A Washington State licensed home inspector.
10. "Non -City inspector" means any inspector meeting the criteria in Section
5.06.020 who is not a City code official.
11. "Occupant" means an individual, partnership, corporation or association, or
agent of any of them lawfully residing in a unit.
12. "Owner" means the owner of record as shown on the last King County tax
assessment roll or such owner's authorized agent.
13. "Rental inspection deficiency point system" means the point system used by
inspectors to evaluate whether a rental unit is in compliance with the requirements of
this chapter.
14. "Rental unit" means a unit occupied or leased by a tenant.
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15. "Single falnily residence" means a building, modular home, or new
manufactured home designed to contain no more than one dwelling unit, plus one
accessory dwelling unit.
16. "Tenant" means any adult person granted temporary use of a rental unit
pursuant to a lease or rental agreement with the owner of the rental unit.
17. "Unit" means any structure or part of a structure, which is used as a home,
residence or sleeping place by one or more persons, including but not limited to, single
family residences, duplexes, tri- plexes, four plexes, multi- family dwellings, apartrnent
buildings, condominiums, mobile homes and similar living accommodations.
18. "Unit unavailable for rent" means a unit whose owner has filed with the code
official a statement signed under penalty of perjury that such unit is not offered or
available for rent as a rental unit and that prior to offering or making the unit available
as a rental unit, the owner will apply for a Residential Rental Business License and
comply with any applicable administrative regulations adopted pursuant to this
chapter.
5.06.030 Scope. The provisions of this chapter shall apply to all rental units, with the
exception of:
1. Owner- occupied rental units;
2. Units unavailable for rent;
3. Housing accommodations in hotels, motels, inns or tourist homes;
4. Housing accommodations in retirement or nursing homes;
5. Housing accommodations in any hospital, State licensed community care
facility, convent, monastery or other facility occupied exclusively by members of a
religious order or an extended medical care facility;
6. Housing accommodations that a government unit, agency or authority owns,
operates or manages, or which are specifically exempted from municipal regulation by
State or federal law or administrative regulation. This exception shall not apply once
the governmental ownership, operation or management regulation is discontinued.
5.06.040 Residential Rental Business License Requirement. Every rental unit
owner shall obtain an annual residential rental business license, pursuant to Title 5 of
the Tukwila Municipal Code, prior to operating, leasing or causing to be leased a rental
unit. Rental unit owners must file a written application annually with the Department
for each rental unit to be leased. To be considered for approval, residential rental
business license applications must be complete and include the appropriate application
fee as set by the City's fee schedule. Failure to obtain a residential rental business
license will result in the inability to rent the unit.
5.06.050 Inspection Required. The owner must obtain an inspection of each rental
unit and submit the inspection results to the code official. The owner may utilize a City
inspector or a non -City inspector, as defined herein and shall indicate their choice on
the application form. The City shall provide the inspection criteria to the owner with the
application form. The code official shall issue a Certificate of Compliance for rental
units that comply with applicable laws based on a submitted inspection certificate. If
using a non -City inspector, the owner shall be responsible for making the inspection
arrangements with the non -City inspector.
5.06.060 Inspection Consent. Owners shall make every effort to make units available
for inspection pursuant to this chapter. If the owner fails to arrange for a non -City
inspector and /or the owner or occupants do not consent to City entry for inspection,
the code official may not force or otherwise attempt to gain entry except in accordance
with a court warrant authorizing entry for the purpose of inspection.
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5.06.070 Rental Inspection Deficiency Point System.
A. The code official shall prepare and shall keep on file for public inspection the
rental inspection deficiency point system used in the point calculation procedure set
forth herein. The code official shall assign points according to the severity of each code
violation on a scale of 1 to 25. Except when otherwise provided by State law, conditions
in the design or structure of a building such as, but not limited to, the size and
dimension of rooms and windows and the electrical and plumbing systems that were
legal under existing codes when built, shall not be violations as long as they are
maintained in good repair. A violation noted during the inspection shall receive the
assigned point value.
B. A rental unit shall be considered unfit for occupancy if it fails an inspection by 25
points or more.
5.06.080 Inspection Certificate. As a condition of the issuance of a residential rental
business license, the owner shall provide a completed Inspection Certificate signed by
the inspector showing the current condition of the rental unit. The code official shall
issue a Certificate of Compliance upon receipt of the inspection results indicating
compliance with the applicable laws pursuant to this chapter.
5.06.090 Deficiencies. Items to be inspected are weighted according to a point
system established by the City. Accrual of 25 points or more for deficiencies constitutes
a failure of the inspection and requires correction. The inspector shall provide the
owner and the City written notice of each deficiency disclosed by inspection. A
Certificate of Compliance shall not be issued until the Inspection Certificate indicates a
score of Iess than 25 points. Repairs required to bring the unit into compliance are the
responsibility of the owner. Rental units shall be subject to re- inspections pursuant to
Section 5.06.110.
5.06.100 Violations. If an inspection of a rental unit conducted pursuant to this
chapter reveals deficiencies of 25 points or more on the Inspection Certificate, the
violation must be cured within 30 days. If upon re- inspection, the unit reveals
deficiencies of 25 points or more, the City's code official may seek any remedies
permitted by law including, but not limited to, denial or revocation of a residential
rental business license for that unit pursuant to Title 5 of the Tukwila Municipal Code,
and abatement proceedings pursuant to Chapter 8.45 of the Tukwila Municipal Code.
The City may seek legal or equitable relief to enjoin any act or practice that constitutes
or will constitute a violation of any regulation under this chapter.
5.06.110 Re- inspections. A rental unit that exhibits deficiencies of 25 points or more
on the Inspection Certificate shall be subject to a re- inspection and re- inspection fee as
set forth in the City's fee schedule adopted pursuant to this chapter.
5.06.120 Notice of Non Issuance of Certificate of Compliance. If, upon re-
inspection, the inspector determines a rental unit is unfit for occupancy by failing an
inspection by 25 points or more, the City shall provide the owner with written notice of
non issuance of Certificate of Compliance. Such notice shall specify the date of the non
issuance determination, the rental unit address, the name of the owner, the name of the
inspector and the specific reasons for the non issuance determination. Failure to obtain
a Certificate of Compliance will result in the non issuance or revocation of the rental
business license for that unit. The unit shall be posted Unfit for Occupancy. Tenants, if
any, shall be required to vacate. Relocation Assistance pursuant to TMC 8.46 may
apply.
5.06.130 Contents of Certificate of Compliance. Certificate of Compliance shall
specify the date of issuance, the legal use and occupancy of the rental unit, the rental
unit address, the name of the owner to whom the certificate is issued, the expiration
date of the Certificate, and an indication the rental unit complies with applicable laws
as far as could be determined by inspection.
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5.06.140 Certificate of Compliance Validity and Renewal. Certificates of
Compliance expire on December 31, four years from the date of issuance by the City.
The owner shall submit a new Inspection Certificate prior to the expiration of the
current Certificate of Compliance. Failure to renew the Certificate of Compliance every
four years shall result in the non issuance or revocation of the rental business license for
that unit.
5.06.150 Notice. All notices issued pursuant to this chapter shall provide the address
and phone number where additional information concerning the inspection may be
obtained. Notice to the owner and occupants shall be mailed by first -class mail to the
owner's last known address as it appears in the records of the county assessor or other
address provided by the owner, and to the rental unit's occupants.
5.06.160 Authority. The code official shall be responsible for enforcement and
administration of this ordinance.
5.06.170 Administrative Regulations. The code official is authorized and directed to
promulgate administrative regulations pertaining to the implementation of this chapter.
5.06.180 Complaint-Based Inspections. Nothing contained herein shall prevent or
restrict the authority of the City's code official to inspect any unit or premises thereof in
response to a complaint alleging code violations or other violations of law at such unit
and to pursue all code enforcement remedies available under this code or other laws
following such a complaint -based inspection of a unit.
5.06.190 Voluntary Inspection Requests. Nothing in this chapter shall be construed
to prohibit an owner from voluntarily requesting an inspection to determine whether a
rental unit complies with applicable laws, even though such inspection may not be
required pursuant to this chapter. Such voluntary inspection requests shall be subject to
all of the provisions of this chapter including, but not limited to, the provisions
governing applications and fees.
5.06.200 Penalties.
A. Violations of the provisions of this chapter shall be deemed civil infractions
subject to the provisions of TMC Section 8.45.050 and the monetary penalties specified
in Section 5.06.200.C.
B. Any violation of this chapter that constitutes an immediate health or safety threat
shall constitute a public nuisance.
C. Any person who violates any of the provisions of this chapter shall, upon a
determination that a violation has been committed, be assessed monetary penalties as
follows:
1. First civil penalty: $250.00.
2. Second civil penalty: $500.00.
3. Third and each subsequent civil penalty: $1,000.00.
D. Each day that a property or person is not in compliance with the provisions of
this chapter may constitute a separate violation of this chapter.
E. The code official shall have the authority to waive or reduce monetary penalties.
Such waiver or reduction in monetary penalties shall be based on the code official's
finding that compliance has been obtained and that further penalties are punitive
assessments that serve no purpose.
F. In addition to the penalties above, the City shall not issue or shall revoke the
unit's business license and require that the unit be vacated until the unit is brought into
compliance.
G. The penalties set forth in this chapter are not exclusive. The City may avail itself
of any other remedies provided by law.
W: \Word Processing Ordinances \Rental Housing.docx
KLS:ksn 04/07/2010
Page 5 of 6
57
5
5.06.210 Appeal.
A. Upon notice of non issuance of a Certificate of Compliance, the owner may
appeal by filing a notice of appeal, specifying the particular reason(s) upon which the
appeal is based, with the City Clerk within ten calendar days of and including the date
of the notice of non issuance. A timely notice of appeal shall stay the effect of the notice
of non- issuance.
B. Upon timely filing of a notice of appeal, the City Clerk or his /her designee shall
schedule a hearing on the appeal before a Hearing Examiner. The hearing shall be
conducted no later than 45 business days from the date of the notice of appeal, unless
an extension is agreed to by the appellant or otherwise ordered by the Hearing
Examiner for good cause shown.
C. Within 14 business days, excluding holidays recognized by the City of Tukwila,
from the date of the hearing on an appeal under this section, the Hearing Examiner
shall issue a written decision, which shall set forth the reasons therefore.
D. A decision of the Hearing Examiner to reject an appeal as untimely, shall be final
unless an application for a writ of review is filed with the King County Superior Court
and properly served upon the City of Tukwila within 14 calendar days of and including
the date of the Hearing Examiner's decision.
5.06.220 Annual Review and Report. The code official shall conduct an annual
review of the Residential Rental Business License and Inspection Program and shall
submit an annual report of the program's effectiveness to the City Council.
5.06.230 Immediate Health and Safety Threats. Nothing in this ordinance shall limit
the City's ability to inspect properties and issue citations for property- related conditions
that may constitute an immediate health or safety threat.
5.06.240 No Warranty by City. By enacting and undertaking to enforce this
ordinance, the City, City Council, its agents and employees do not warrant or guarantee
the safety, fitness or suitability of any dwelling in the City or any unit inspected under
this program. Owners and occupants should take whatever steps they deem
appropriate to protect their interests, health, safety and welfare.
Section 2. 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 3. 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 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W: \Word Processing Ordinances \Rental Housing.docx
KLS:ksn 04/07/2010
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 6 of 6
RAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A RESIDENTIAL RENTAL BUSINESS
LICENSE AND INSPECTION PROGRAM FEE SCHEDULE.
WHEREAS, the City has adopted a Residential Rental Business License and
Inspection Program, pursuant to Tukwila Municipal Code Chapter 5.06; and
WHEREAS, the City is authorized to impose fees for services rendered;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Residential Rental Business License and Inspection Program fees will be charged
according to the following schedule:
RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION FEES
Annual Residential Rental Business License:
Property with five or more units
Property with one, two, three or four units
Inspection fee per unit (City inspector)
Re- inspection fee per unit (City inspector)
Hearing Examiner appeal fee
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
DESCRIPTION
W: \Word Processing \Resolutions\Residential Rental Business License Fee Schedule.doc
KS:ksn 4n/2010
FEE
$100.00
$50.00
$35.00
$35.00
$300.00
Dennis Robertson, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 1 of 1
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60
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
March 22, 2010 5:00 p.m.; Conference Room #3
City of Tukwila
Community Affairs and Parks Committee
PRESENT
Councilmembers: Joe Duffie, Chair; Joan Hernandez and Verna Seal
Staff: Nora Gierloff, Kathy Stetson, Bob Benedicto, Mary Hulvey, Trina Cook, Lynn Miranda, Derek
Speck, Steve Lancaster and Kimberly Motel
Guests: Mark Hancock (Segale Properties), Chuck Parrish, George Kiresovich and Nick Lee (Westfield
Southcenter)
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 4:55 p.m.
Due to the full Committee being present, as well as staff, Committee Chair Duffie began the meeting five minutes
early. Per the request of staff the naming of Park Property was moved to the first item.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Naming of Park Property Codiga
As required by Resolution No. 1400, staff is seeking full Council approval of a resolution to name the park
property located at 12929 50` Place South.
The Parks Commission was given four names to choose from for the park: Codiga Park, Codiga Farm Park,
Codiga Fish Channel and Codiga Farm Property. Resolution No. 1400 outlines criteria to be considered
when choosing a name for City property. The Parks Commission has recommended the park be called
Codiga Park; however, the City Council has final naming authority.
The Committee was not in agreement on the name of the park. Two Committee members expressed support
for naming the property Codiga Park, as recommended by the Parks Commission. One Committee member
felt that Codiga Farm Park was a more appropriate and descriptive name for the location.
Staff distributed a flyer for the Park Ribbon Cutting Ceremony which will be held on May 8, 2010, from
9:00 a.m. to 10:00 a.m. FORWARD TO APRIL 12 COW FOR DISCUSSION.
B. Rental Housing Ordinance
Staff is seeking full Council approval of a draft ordinance and fee schedule resolution for a Residential
Rental Housing Licensing and Inspection Program.
The draft ordinance ensures that Tukwila community members are living in units that are safe and healthy,
and outlines the licensing and inspection program, as well as implementing this program as revenue neutral.
Specifically, it will require:
All residential property owners to obtain an annual residential rental business license
Inspection of all units every fifth year
Set fees to cover the cost of the program
Administrative rules implementing the program will not be codified in the ordinance, but will be a stand
alone document which will be used to manage the program. As mentioned above, the intent is for this
program to be revenue neutral without a financial impact to the City's general fund. The fee for inspections
in estimated to cost the property owner less than $0.75 per unit, per month over a four year period.
61
62
Community Affairs Parks Committee Minutes March 22, 2010 Paae 2
In response to a Committee inquiry, Kathy Stetson confirmed that the residential rental business license is
in lieu of a regular business license; residential property owners will not be required to secure both licenses.
Rental inspections will be based on City's adopted housing code which is the International Property
Maintenance Code. Inspection will be based on a point value system reflecting the severity of the violation.
Committee members asked clarifying questions as appropriate, and were supportive of the overall program
as well as staff's diligent attention to the needs of the Tukwila community. UNANIMOUS APPROVAL.
FORWARD TO APRIL 12 COW FOR DISCUSSION.
C. Update of Southcenter Plan
As an information only item, staff provided a briefing to the Committee on the status of the Southcenter
Plan (often referred to as the Tukwila Urban Center Plan).
The formulation of this Plan has been quite lengthy. In 2002, the City received a $1.4 mililion grant for
planning related to the Southcenter area. There are no timeline requirements attached to the grant funding
Throughout the planning process, a fair amount of time has' been dedicated to visioning, and identifying
districts of the Southcenter/Urban Center area. As a result, both the Council and Planning Commission
endorsed the vision and areas, recognizing the need to make some areas more urban, walkable and transit
oriented. The plan to this point, has resulted in staff work on potential zoning as well as a public review on
a draft vision, development, regulations and future steps.
DCD staff will continue to develop a revised draft plan for the Southcenter /Urban Center area with
consideration given to a technical report by ECONorthwest responding to concerns raised during a public
hearing on the matter. This analysis suggests that in the current market, without public funds, development
of the type envisioned in the Plan is not financially viable. The City will be reaching out to identify,
encourage and secure public investment and reaffirm City commitment to the Plan's vision.
INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 5:53 p.m.
Next meeting: Monday, March 22, 2010 5:00 p.m. Conference Room #3
Committee Chair Approval
Miiy!ites by KAM. Reviewed by KS, NG and SK.
CAS NUMBER: 10-039
CATEGORY
SPONSOR
SPONSOR'S
SUMMARY
Fund Source:
Comments:
Discussion Motion Resolution
Zv1ts Date 4/12/10 Mtg Date 4/19/10 Mtg Date
EXPENDITURE REQUIRED
MTG. DATE
04/12/10
COUNCIL AGENDA SYNOPSIS
Initials
1 Meeting Date Prepared by J M r review Council review
1 04/12/10 RS 1 al,/,e
1 04/19/10 RS 1
1
ITEM INFORMATION
AC; IiNDA ITEM TITLE Park Naming Process Park Property located at 12929 50 Place South.
$0 $0
1 ORIGINAL AGENDA DATE: APRIL 12, 2010
Ordinance
Mtg Date
Mtg Date
Council Mayor Adm Svcs n DCD Finance Fire Legal P&R Police PWI
The recently developed park property located at 12929 50 Place South will be dedicated
on May 8 The City has an established Park Naming Process in Resolution 1400. The Park
Commission recommended Codiga Park. The Community Affairs and Parks Committee
recommended Codiga Park on a 2 -1 vote; the other vote was for Codiga Farm Park.
The Council is being asked to consider and approve the naming of the Park Property.
REVIEWED WED BY COW Mtg. 1 CA &P Cmte n F &S Cmte Transportation Cmte
n Utilities Cmte Arts Comm. Parks Comm. n Planning Comm.
DATE: 3/22/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Parks and Recreation Department
COMMITTEE unanimous Approval; Forward to Committee of the Whole
COST IMPACT /FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTION
Bid Award Public Hearing n Other
Mtg Date Mtg Date
MTG. DATE ATTACHMENTS
04/12/10 Informational Memorandum dated 3/17/10
Resolution #1400 regarding naming of City property
Minutes from the Community Affairs and Parks Committee meeting of 3/22/10
ITEM No.
C,
63
64
TO:
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM Rick Still, Interim Parks and Recreation Director
DATE: March 17, 2010
SUBJECT: Park Naming Process Codiga Park
ISSUE
Officially name the recently developed park site at 12929 50 Place South.
BACKGROUND
Jim Haggerton, Mayor
There is a long history behind the developed park site at 12929 50 Place South. The land
belonged to the Codiga family and served as a pioneer farm. In 1974, the land was sold to King
County to be used as park land, and included a leaseback to the Codiga's for $25 /month. in
1983, King County updated the lease to $160 /month. That lease was in effect until the City of
Tukwila acquired ownership of the land through annexation in the early 1990's. The City
continued leasing the land to the Codiga's.
The annexation in the early 1990's also included the site that the Tukwila Community Center
currently sits on. At the time of the annexation, King County was running a Pea Patch program
on this site. The City's Recreation Division continued to run the Pea Patch, and in 1995 it was
re- located to the Codiga site as construction of the new Community Center was to begin, and
was known as the Codiga Farm Pea Patch.
In 2002, the City and the U.S. Army Corps of Engineers entered into agreement to develop a
fish channel and park on the site. The fish channel had to go deeper than originally planned,
which also meant wider, resulting in less area available for the upland park development, and
the Pea Patch re- located to its present location at Riverton Park.
The fish channel project work took place during 2003 '06, however the Corps abandoned the
park development portion of the project. The site was left alone for nearly 3 years until the
Parks and Recreation Department took over the responsibility to complete the park
development. The Department went through the design and bid phase, and the park
development will be complete in March 2010.
DISCUSSION
City of Tukwila Council Resolution #1400 describes the process for Naming City Property,
specifically in this case, Parks. The names of Parks are recommended by the Parks
Commission, who forwards their recommendation to the Community Affairs and Parks
Committee. The City Council is the final authority in approving the names of City -owned real
property. The criteria for Naming City Property according to CR #1400 includes geographical
location, historical considerations, name of person, geological features, and city identify /image.
W:12010 IntoMemos \Codiga Park Naming 3 -17 -10 UPDATED.docx
65
66
INFORMATIONAL MEMO 3 -17 -10
Park Naming Codiga Park Page 2
Over the years, this site has been referred to in a variety of communications and documents as
the Codiga Fish Channel, Codiga Farm property, Codiga Farm Park, or Codiga Park. This site
is referred to as Codiga Park in the City of Tukwila Capital Improvement Plan.
This item was taken to the City of Tukwila Parks Commission on March 17, 2010. Proposed
names were those listed above. After careful and thoughtful consideration, the Parks
Commission recommends Codiga Park.
RECOMMENDATION
Based on the recommendation of the Parks Commission, the Council is being asked to consider
naming the park property located at 12929 50 Place South as Codiga Park at the April 12,
2010 Committee of the Whole meeting and subsequent Regular Meeting April 19, 2010.
ATTACHMENTS
Resolution #1400 June 15, 1998, Policy for Naming City Property
W\2010IntoMemoslCodiga Park Naming 3 -17 -10 UPDATED.docx
City of Tukwila
Washington
Resolution No. /JD
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUICWILA, WASHINGTON, ADOPTING
POLICIES FOR NAMING CITY PROPERTY; AND
REPEALING RESOLUTION 981.
WHEREAS, Resolution 981 was passed in 1985 to set policies for naming City property; and
WHEREAS, since 1985 the City has grown, development has increased, and Resolution 981
no longer applies as effectively as it once did; and
WHEREAS, Tukwila has a rich history, an important location, and a number of individuals
who have contributed to the City's development and enrichment; and
WHEREAS, naming of remaining property in Tukwila should be done in a fashion that is
responsible and reflects a thoughtful and meaningful process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Authority to Name City Property.
A. The Tukwila City Council shall be the final authority in approving the names of City
owned real property.
B. New streets in the central business district and business /industrial areas shall be given
grid numbered names in order to enhance quick response by public safety officials in emergencies
and in order to facilitate access by the general public.
C. The City's Fire Marshal will approve the names of numbered City streets. The
Administration will inform the Council of these names when approved.
D. The names of parks in the City shall be recommended by the Park Commission. Their
recommendation will be forwarded to the Community and Parks Committee for consideration.
E. In all cases other than parks and numbered streets in the central business district, the
Community and Parks Committee will recommend a name or alternative names for City Council
consideration and approval.
Section 2. Criteria for Naming City Property.
A. Named City property and facilities including streets, parks, bridges, and facilities shall use
the following unranked criteria to guide their naming decision:
1. Geographical location;
2. Historical considerations;
3. Names of persons;
4. Geological features;
5. City identity and Image
NAMEPROP.DOC 6/17/1998
67
68
B. Where persons' names are used, they should be people who have made an outstanding
contribution to the community, or whose names are of historical significance to the area, or who
the City would like to recognize as an important influence In the area.
C. When the name of City-owned real property or of a City facility is being changed, the
City Council will delay a final decision for thirty (30) days after a recommendation from a
Committee of the Whole is made.
Section 3. Repealer. Resolution 981 is hereby repealed.
PASSED BY THE CITY COU CIL OF THCITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof this day of c 1 ,./di -Q 1998.
Pamela Linder, Council President
ATTEST /AUTHENTICATED:
11� 2_. Cg7 C �vc..L�7.c�
Jay( E. Cantu, City Clerk
APPROVED AS TO FORM:
By:
Office of the City Arney
NAMEP1OP.DOC 6/11/1998
Filed with the City Clerk: 98
Passed by the City Council: -/.$7-97
Resolution Number /V-6
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
March 22, 2010 5:00 p.m.; Conference Room #3
I. PRESENTATIONS
No presentations.
City of Tukwila
Community Affairs and Parks Committee
PRESENT
Councilmembers: Joe Duffie, Chair; Joan Hernandez and Verna Seal
Staff: Nora Gierloff, Kathy Stetson, Bob Benedicto, Mary Hulvey, Trina Cook, Lynn Miranda, Derek
Speck, Steve Lancaster and Kimberly Matej
Guests: Mark Hancock (Segale Properties), Chuck Parrish, George Kiresovich and Nick Lee (Westfield
Southcenter)
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 4 :55 p.m.
Due to the full Committee being present, as well as staff, Committee Chair Duffie began the meeting five minutes
early. Per the request of staff the naming of Park Property was moved to the first item.
II. BUSINESS AGENDA
A. Naming of Park Property Codiga
As required by Resolution No. 1400, staff is seeking full Council approval of a resolution to name the park
property located at 12929 50 Place South.
The Parks Commission was given four names to choose from for the park: Codiga Park, Codiga Farm Park,
Codiga Fish Channel and Codiga Farm Property. Resolution No. 1400 outlines criteria to be considered
when choosing a name for City property. The Parks Commission has recommended the park be called
Codiga Park; however, the City Council has final naming authority.
The Committee was not in agreement on the name of the park. Two Committee members expressed support
for naming the property Codiga Park, as recommended by the Parks Commission. One Committee member
felt that Codiga Farm Park was a more appropriate and descriptive name for the location.
Staff distributed a flyer for the Park Ribbon Cutting Ceremony which will be held on May 8, 2010, from
9:00 a.m. to 10:00 a.m. FORWARD TO APRIL 12 COW FOR DISCUSSION.
B. Rental Housing Ordinance
Staff is seeking full Council approval of a draft ordinance and fee schedule resolution for a Residential
Rental Housing Licensing and Inspection Program.
The draft ordinance ensures that Tukwila community members are living in units that are safe and healthy,
and outlines the licensing and inspection program, as well as implementing this program as revenue neutral.
Specifically, it will require:
a All residential property owners to obtain an annual residential rental business license
Inspection of all units every fifth year
Set fees to cover the cost of the program
Administrative rules implementing the program will not be codified in the ordinance, but will be a stand
alone document which will be used to manage the program. As mentioned above, the intent is for this
program to be revenue neutral without a financial impact to the City's general fund. The fee for inspections
in estimated to cost the property owner less than $0.75 per unit, per month over a four year period.
69
70
CAS NUMBER: 10-040
CATEGORY
SPONSOR
SPONSOR'S
SUMMARY
Fund Source:
Comments:
MTG. DATE
04/12/10
04/19/10
MTG. DATE
04/12/10
04/19/10
i` OLIO
EXPENDITURE RI?QUIRED
$0.00
Meeting Date
04/12/10
04/19/10
COUNCIL AGENDA .SYNOPSIS
.jrepared by
FI
14161 FI
Initlals
Mger review
ATTACHMENTS
Informational Memorandum dated 3/15/10
Draft Ordinance with Exhibits
Minutes from the Utilities Committee meeting of 03/23/10
until review
RECORD OF COUNCIL ACTION
ITEM INFORMATION
ORIGINAL AGENDA DATE: APRIL 12, 2010
AGIsNDA ITEM TITLE Ordinance to Renew AboveNet Communications Franchise Agreement
ITEM No.
D1sais ion Motion I !Resolution Ordinance n Bid Award n Public Hearing Other
llftg Date 04/12/10 Mtg Date Mtg Date
n Council n Mayor E Adm Svcs E DCD n Finance Fire Legal P &R Police Piil
AboveNet Communications (formerly Metromedia Fiber Network Services) Ordinance No.
2145 expired on December 12, 2009. AboveNet Communications is a telecommunications
company that provides customized network solutions and high bandwidth connectivity for
financial, healthcare, and government entities. Council is being asked to approve the
ordinance for the renewal of the AboveNet Communications franchise agreement for three
years with an expiration date in April, 2013.
Mtg Date 4/19/10 Mtg Date Mtg Date Mig Date
RI sVU Wl?D BY COW Mtg. n CA &P Crnte 1 1 F &S Cmte n Transportation Cmte
Utilities Crnte Arts Comm. n Parks Comm, n Planning Comm.
DATE: 03/23/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00
71
72
TO:
DISCUSSION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM: Public Works Director_=
DATE: March 15, 2010
SUBJECT: AboveNet Communications Franchise
Ordinance
ISSUE
AboveNet Communications Franchise Agreement renewal ordinance.
BACKGROUND
On December 12, 2006, City Council passed Ordinance No. 2145 (Franchise Agreement)
authorizing AboveNet Communications to install, operate, and maintain a telecommunications
system in the City's right -of -way. Ordinance No. 2145 expired on 12/12/09.
AboveNet Communications (formerly Metromedia Fiber Network Services, Inc) is a
telecommunications company that provides customized network solutions and high bandwidth
connectivity. AboveNet's network is widely used in financial institutions, healthcare, government
and businesses with significant bandwidth requirements.
AboveNet's fiber optic system was constructed in 2000 through joint fiber optic construction
projects with 360 Networks, McLeodUSA Incorporated, and Williams Communications. As
depicted in Exhibit A of the Franchise ordinance, AboveNet has an extensive fiber optic
infrastructure in the City. AboveNet has no immediate construction plans to expand its
infrastructure in Tukwila, but will need to continue operating in the City's right -of -way. The
Franchise Agreement has been coordinated with the City Attorney's office.
This Ordinance will grant AboveNet a franchise agreement with the City for an additional three
years.
RECOMMENDATION
Approve Ordinance for a Franchise Agreement with AboveNet Communications and consider
this item at the April 12, 2010 Committee of the Whole Meeting and subsequent April 19, 2010
Regular Meeting.
Attachment: Draft Franchise Ordinance
W:\PW Eng\PROJECTS \Franchise \Infomation Memo AboveNet Franchise.doc
Jim Haggerton, Mayor
73
74
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO
ABOVENET COMMUNICATIONS, LEGALLY AUTHORIZED TO
CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE
PURPOSE OF CONSTRUCTING, OPERATING AND MAINTAINING A
TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF-
WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, AboveNet Communications, hereinafter referred to as "AboveNet," is a
telecommunications company that, among other things, provides voice and data
services to customers, including those in the Puget Sound region; and
WHEREAS, AboveNet'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; and
WHEREAS, the City Council has determined that the use of portions of the City's
rights -of -way for installation of a telecommunications system is appropriate from the
standpoint of the benefits to be derived by local business 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 citizenry; and
WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant
and regulate non exclusive 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 TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Non exclusive Franchise Granted.
A. The City hereby grants to AboveNet, 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 a telecommunications facility 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 AboveNet 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 AboveNet;
provided, that such other franchises do not unreasonably interfere with AboveNet's
exercise of 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 jurisdiction 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 provisions of this
W:\ Word Processing \Ordinances \AboveNet Franchise Agreement.doc
FI:ksn 03/17/2010
Page 1 of 9
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76
Franchise Agreement and may develop such lawful and reasonable 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 AboveNet shall have no rights under this
franchise unless a written acceptance with the City is received pursuant to Section 4 of
this agreement. If AboveNet 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
AboveNet 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 AboveNet 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 following 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, AboveNet shall, within 24 hours of the emergency, obtain a permit from the
City of Tukwila Department of Public Works.
B. Coordination. All capital construction projects performed by AboveNet within
the franchise area shall be inspected by a City inspector. 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 AboveNet 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 Tukwila
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. Whenever the City causes a public improvement to be constructed within the
franchise area, and such public improvement requires the relocation of AboveNet's
facilities, the City shall provide AboveNet with written notice requesting such
relocation, along with plans for the public improvement that are sufficiently complete
to allow for the initial evaluation, coordination and the development of a relocation
plan. The City and AboveNet shall meet at a time and location determined by the City
to discuss the project requirements including critical timelines, schedules, construction
standards, utility conflicts, as -built requirements, and other pertinent relocation plan
details.
2. To ensure timely execution of relocation requirements, AboveNet shall, upon
written request from the City, provide at AboveNet's expense, base maps, current as-
built information, detailed relocation plan (including detailed schedule of relocation
activities, identification of critical path, identification of facilities, and relocation
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procedures), and other design, technical or operational requirements within the
timeframe specified by the City.
3. AboveNet may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation within the time
specified by the City. Such alternatives shall include the use and operation of temporary
facilities in adjacent rights of way. The City shall evaluate such alternatives and advise
AboveNet in writing if one or more of the alternatives are suitable to accommodate the
work, which would otherwise necessitate relocation of the facilities. If requested by the
City, AboveNet shall submit additional information to assist the City in making such
evaluation. The City shall give each alternative proposed by AboveNet full and fair
consideration. In the event the City ultimately determines there is no other reasonable
alternative, AboveNet shall relocate its facilities as otherwise specified in Section 5.E.
4. Upon final approval of the relocation plan by the City, AboveNet shall, at its
own expense, unless otherwise prohibited by statute, and at the timeframe specified by
the City, temporarily or permanently remove, relocate, place underground, change or
alter the position of any facilities or structures within the right -of -way whenever the
City has determined that such removal,. relocation, undergrounding, change or
alteration is reasonably necessary for the construction, repair, maintenance, installation,
public safety, or operation of any public improvement in or upon the rights -of -way.
5. If during the construction, repair, or maintenance of City's public
improvement project an unexpected conflict occurs from AboveNet's facilities,
AboveNet shall upon notification from the City, respond within 24 hours to resolve the
conflict.
F. Removal or Abandonment. Upon the removal from service of any service
antennas or other associated structures, facilities and amenities, AboveNet 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 AboveNet 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, AboveNet shall, upon the request of the City, furnish a bond executed by
AboveNet and a corporate surety authorized to operate a surety business in the State of
Washington, in such sum as may be set and approved by the City as sufficient to ensure
performance of AboveNet's obligations under this Franchise Agreement, provided,
however, that such sum shall not exceed 150% of the cost of the telecommunications
system to be installed by AboveNet in the City rights -of -way. At AboveNet's sole
option, AboveNet 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 AboveNet
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
AboveNet work or materials discovered in the City's roads, streets or property.
H. "One -Call" Location Liability. AboveNet 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 AboveNet's
system components or for interruptions in service to AboveNet customers which are a
direct result of work performed for any City project for which AboveNet 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
AboveNet system components or for interruptions in service to AboveNet customers
resulting from work performed under a permit issued by the City.
I. As -Built Plans Required. AboveNet 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 AboveNet
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pursuant to this Franchise Agreement. The City shall determine the acceptability of any
as -built submittals provided under this section.
J. Recovery of Costs. AboveNet 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. Where the City incurs costs and expenses for review or
inspection of activities undertaken through the authority granted in this Franchise
Agreement or any ordinances relating to the subject for which permit fees have not
been established, AboveNet shall pay such reasonable costs and expenses directly to the
City.
K. Vacation. If, at any time, the City shall vacate any City road, right -of -way 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 AboveNet, 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 AboveNet by reason of such termination other than
those provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by AboveNet to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City that
describes the violations of the franchise and requests remedial action within 30 days of
receipt of such notice. If AboveNet 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 AboveNet's actions, or any failure by AboveNet to act to correct a
situation caused by AboveNet, is deemed by the City to create a threat to life or
property, financial harm, or cause a delay of the construction, repair or maintenance of
the public improvement, the City may order AboveNet to immediately correct said
threat, financial harm, or delay or, at the City's discretion, the City may undertake
measures to correct said threat, financial harm or delay itself; provided that, when
possible, the City shall notify AboveNet and give AboveNet an opportunity to correct
within a specified time said threat, financial harm or delay before undertaking such
corrective measures. AboveNet 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 AboveNet 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 AboveNet to take appropriate action to correct a situation caused by AboveNet and
identified by the City as a threat to public or private safety or property, financial harm,
or delay of the construction, repair or maintenance of the public improvement shall be
considered a violation of franchise terms.
2. If during construction or maintenance of AboveNet'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, AboveNet
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 AboveNet'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 and/ or damages.
D. Removal of System. In the event this Franchise Agreement is terminated as a
result of violations of the terms of this Franchise Agreement, AboveNet shall, at its sole
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expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow AboveNet to abandon its facilities in place.
Section 7. Insurance.
A. AboveNet shall maintain liability insurance written on a per- occurrence basis
during the full term of this franchise for personal injuries and property damages. The
policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the
Tukwila Municipal Code.
B. Such insurance shall specifically name as additional insured, the City, its officers
and employees; shall apply as primary insurance; shall stipulate that 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 mail, 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
AboveNet from any obligation to obtain approvals or necessary permits from
applicable federal, 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, however, for a transfer in trust, by other hypothecation,
or by assignment or any rights, title or interest in AboveNet's telecommunications
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. Approval shall not be required for any transfer from AboveNet
to another person or entity controlling, controlled by, or under common control with
AboveNet.
B. In any transfer of this franchise which requires the approval of the City,
AboveNet 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 administrative costs associated with a transfer of this franchise which
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 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. AboveNet 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. AboveNet 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 administrative fee is
due 30 days after franchise approval.
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C. In the event AboveNet submits a request for work beyond scope of original
franchise, or submits a complex project that requires significant comprehensive plan
review or inspection, AboveNet shall reimburse City for franchise amendment and
expenses associated with the project. AboveNet shall pay such costs within 30 days of
receipt of bill from the City.
D. Failure by AboveNet 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 AboveNet shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila WA 98188
AboveNet
360 Hamilton Avenue
7th Floor
White Plains NY 100601
Section 12. Indemnification.
A. AboveNet 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. AboveNet 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
AboveNet, its officers, agents, servants or employees, carried on in the furtherance of
the rights, benefits, and privileges granted to AboveNet by this franchise. In the event
any claim or demand is presented to or filed with the City which gives rise to
AboveNet's obligation pursuant to this section, the City shall within a reasonable time
notify AboveNet thereof and AboveNet 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 AboveNet's obligation pursuant to this section, the City shall
promptly notify AboveNet thereof, and AboveNet shall, at its sole cost and expense,
defend such suit or action by attorneys of its own election. In defense of such suit or
action, AboveNet 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 AboveNet
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 AboveNet and the City,
AboveNet'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, AboveNet expressly waives its immunity under
Title 51 of the RCW, the Industrial Insurance Act, for injuries to its officers, agents and
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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
AboveNet'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, either
party may 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 unconstitutional, the parties may agree to treat the portion
declared invalid or unconstitutional as severable and maintain in force the remaining
provisions of this ordinance; provided that, if the City elects, without agreement by
AboveNet, to enforce the remaining provisions of the ordinance, AboveNet 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 ordinances. 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. AboveNet 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. AboveNet acknowledges
that the City may develop rules, regulations and specifications, including a general
ordinance or other regulations governing telecommunications operations in the City.
Such regulations, upon written notice to AboveNet, shall thereafter govern AboveNet's
activities hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect AboveNet's rights pursuant to
and in accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to AboveNet 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 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 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachments: Exhibit A Description
Exhibit B Acceptance Form
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 7 of 9
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EXHIBIT A
AboveNet route descriptions within the City of Tukwila
(2) 1 '/4" conduits within the 360 Networks joint build beginning at the south City limits
on West Valley highway northerly approximately 2.22 miles to the intersection of West
Valley Highway, Grady Way and Interurban Ave. Populated with (1) 432ct fiber optic
cable.
(2) 1 1/4" conduits within the 360 Networks joint build continuing westerly along SW
Grady Way approximately .2 miles to the eastern City limits. Populated with (1) 432ct
fiber optic cable
(2) 1 '/4" conduits within the 360 Networks joint build from the intersection of SW Grady
Way, West Valley Highway and Interurban Ave northerly approximately 3.16 miles to
the intersection of Interurban Ave and E Marginal Way S. Populated with (1) 864ct fiber
optic cable. Note: There is no cable placed between S 133 St and E Marginal Way S
along Interurban Ave.
(2) 1 1/4" conduits within the 360 Networks joint build from the intersection of Interurban
Ave and E Marginal Way S northerly approximately .63 miles to the intersection of E
Marginal Way S and S Boeing Access Rd. Populated with (1) 432ct fiber optic cable.
(2) 1 1/4" conduits within the 360 Networks joint build from the intersection of S Boeing
Access Rd easterly approximately .23 miles to the intersection of S Boeing Access Rd
and Airport Way S at the northern City limits. Populated with (1) 432ct fiber optic cable.
(8) 1 '/z" conduits within the McLeod joint build from the intersection of Interurban Ave
and S 133 St westerly approximately .36 miles, then continuing northerly along E
Marginal Way S approximately 1 mile to the intersection of E Marginal Way S and
Interurban Ave. Populated with (1) 864 ct fiber optic cable. Note: There is no cable
placed between S 124 St and S 120 St along E Marginal Way S.
(8) 1 1/4' conduits from the intersection of E Marginal Way S and S 124 St westerly
approximately .13 miles. Populated with (1) 864 Ct fiber optic cable.
(4) 1 '/z" conduits within the Williams joint build from the intersection of S 130 St and
Pacific Highway S northerly approximately 1.41 miles to the intersection of Pacific
Highway S and E Marginal Way S, then continuing northerly on E Marginal Way S
approximately 1 9 miles to the north City limits.
ABOVENET
FIBER OPTIC SYSTEM
EXHIBIT A-1 DIAGRAM
84
Date:
City of Tukwila
City Clerk's Office
6200 Southcenter Blvd
Tukwila, WA 98188
Re: Ordinance Adopted
Dear Ms. O'Flaherty,
In accordance with and as required by Section 4.A of City of Tukwila Ordinance No.
(the "Ordinance passed by the City Council and approved by the
Mayor on AboveNet hereby accepts the terms, conditions and
obligations to be complied with or performed by it under the ordinance.
Sincerely,
Signature
Printed Name
Title
EXHIBIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
ABOVENET COMMUNICATIONS
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UTILITIES COMMITTEE
Meeting Minutes
March 23, 2010 5:00 p.m. Conference Room #1
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m.
L PRESENTATIONS
No Presentations
City of Tukwila
Utilities Committee
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg
Staff: Bob Giberson, Frank Iriarte, Gail Labanara, Ryan Larson, Greg Villanueva, Steve Lancaster
and Kimberly Matej
II. BUSINESS AGENDA
A. Ordinance for Franchise Renewal: AboveNet Communications
Staff is seeking full Council approval of an ordinance renewing the franchise agreement with AboveNet
Communications (formerly Metromedia Fiber Network Services, Inc.).
This franchise agreement allows AboveNet Communications to install, operate and maintain a
telecommunications system in the City right -of -way. The current franchise agreement expired on
December 12, 2009, and although AboveNet currently has no plans for expansion, they may need access
to the right of-way for repairs and/or maintenance. The agreement is for three years, and the terms and
conditions have not changed.
There are no City funds expended on this agreement. AboveNet will pay the City a $5,000 fee for the
reimbursement of administrative costs associated with this agreement. UNANIMOUS APPROVAL.
FORWARD TO APRIL 12 COW FOR DISCUSSION.
B. Ordinance for Franchise Agreement: PAETEC Holding Coro.
Staff is seeking full Council approval of a franchise agreement with PAETEC Holding Corporation to
install, operate and maintain a telecommunications system in the City right -of -way.
This franchise agreement is essentially the same agreement as above, and although PAETEC currently
has no plans for expansion, they may need access to the right -of -way for repairs and/or maintenance.
PAE I EC acquired the fiber optic assets of McLeod USA. The agreement is for three years.
There are no City funds expended on this agreement. PAETEC will pay the City a $5,000 fee for the
reimbursement of administrative costs associated with this agreement. UNANIMOUS APPROVAL.
FORWARD TO APRIL 12 COW FOR DISCUSSION.
C. 2010 Annual Small Drainage Program Desinn Consultant Selection and Agreement
Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of
$47,990.16 for design services for the City's 2010 Annual Small Drainage Program. KPG was
chosen from the City's consultant roster (Municipal Research and Services Center Rosters), and has
designed the Annual Small Drainage Program since 1991. Due to limited budget funds, Public Works
has limited this year's program to 3 sites, verses the average 4 -6 sites per year.
Three projects have been identified for construction in 2010 through maintenance and citizen
complaints. Sites 1 and 2 involve Gilliam Creek and Site 3 is along Tukwila International Boulevard
87
88
CAS NUMBER 10-041
CA'l'I?GORY
'SP( )NSOR
SPONSOR'S
SUMMARY
RI. \'tl',\ /I?D BY
DAZE: 03/23/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
Fund Source:
Comments:
EXPI?NDITURII RIsQUTRIM
$0.00
MTG. DATE
04/12/10
04/19/10
MTG. DATE
04/12/10
04/19/10
Dt:rcztssion Motion
Mtg Date 04/12/10 A1tg Date
n Council I 1 Mayor
i'1eetinx Date
04/12/10
04/19/10
COUNCIL AGENDA SYNOPSIS
repared by
FI
FI
n Resolution Ordinance n Bid Award
Mtg Data Mtg Date 4/19/10 Altg Date
Adm Svcs n DCD 1 Finance Fire
ITEM INFORMATION
ORIGINAL AGENDA DATE: APRIL 12, 2010
Initials
Maiarrev
ew o7en I review 1
AG r,NDA I'r]N TITLE Ordinance to grant Franchise Agreement to PAETEC Holding Corporation
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 3/12/10
Draft Ordinance with Exhibits
Minutes from the Utilities Committee meeting of 03/23/10
ITEM No.
5
E
Public .Hearing Other
Mtg Date Altg Date
Legal P&R n Police ®PITT
PAETEC Holding Corporation acquired fiber optic assets of McLeodUSA Incorporated.
PAETEC is a telecommunications company that provides an extensive suite of data,
Internet protocol (IP) based solutions, voice communications, networks security, customer
premises equipment, and managed services. Council is being asked to approve the
ordinance for the new PAETEC Holding Corp. franchise agreement for three years with an
expiration date in April, 2013.
COW Mtg. n CA &P Cmte n F &S Cmte Transportation Cmte
Utilities Cmte Li Arts Comm. n Parks Comm. I I PIanning Comm.
COMMFITEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00
89
90
TO:
FROM:
DATE:
SUBJECT:
ISSUE
BACKGROUND
DISCUSSION
RECOMMENDATION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
Public Works Director -r'
March 12, 2010
PAETEC Holding Corp Franchise Agreement
Ordinance
PAETEC Holding Corporation (PAETEC) requests franchise approval to install, operate, and
maintain a fiber optic system in the City's right -of -way.
PAETEC is a telecommunications company that provides an extensive suite of data, internet
protocol (IP) based solutions, voice communications, network security, customer premises
equipment and managed services. Founded in 1998, the company expanded its services
nation -wide and currently serves over 80 percent of the nation's top 100 metropolitan areas.
In 2008, PAETEC acquired the fiber optic assets of McLeodUSA Incorporated. The fiber optic
system is described in Exhibit A of the proposed Franchise Agreement. PAETEC currently has
no immediate construction plans, but will need to operate in the City's right -of -way to access
hand holes, pull fiber and perform maintenance operations. The Franchise Agreement has
been coordinated 'with the City Attorney's Office.
This Ordinance will grant PAETEC a franchise agreement with the City for three years.
Attachment: Draft Franchise Ordinance
W:\PW Eng \PROJECTS \Franchise \Infomation Memo PAETEC Franchise.doc
Jim Haggerton, Mayor
Approve Ordinance for a Franchise Agreement with PAETEC Holding Corporation and consider
this item at the April 12, 2010 Committee of the Whole Meeting and subsequent April 19, 2010
Regular Meeting.
91
92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO
PAETEC HOLDING CORPORATION, AN IOWA CORPORATION
LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING
AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN
PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, PAETEC Holding Corporation, hereinafter referred to as "PAETEC," is
a telecommunications company that, among other things, provides voice and data
services to customers, including those in the Puget Sound region; and
WHEREAS, PAETEC'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; and
WHEREAS, the City Council has determined that the use of portions of the City's
rights -of -way for installation of a telecommunications system is appropriate from the
standpoint of the benefits to be derived by local business 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 citizenry; and
WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant
and regulate non exclusive 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 TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Non exclusive Franchise Granted.
A. The City hereby grants to PAETEC, 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 a telecommunications facility 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 PAETEC 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 PAETEC; provided,
that such other franchises do not unreasonably interfere with PAETEC's exercise of
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 jurisdiction 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 provisions of this
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Franchise Agreement and may develop such lawful and reasonable 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 PAETEC shall have no rights under this
franchise unless a written acceptance with the City is received pursuant to Section 4 of
this agreement. If PAETEC 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
PAETEC 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 PAETEC 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 following 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, PAETEC shall, within 24 hours of the emergency, obtain a permit from the
City of Tukwila Department of Public Works.
B. Coordination. All capital construction projects performed by PAETEC within the
franchise area shall be inspected by a City inspector. 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 PAETEC 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 Tukwila
Municipal Code.
D. Underground Installation Required. All telecom nunications 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. Whenever the City causes a public improvement to be constructed within the
franchise area, and such public improvement requires the relocation of PAETEC's
facilities, the City shall provide PAETEC with written notice requesting such relocation,
along with plans for the public improvement that are sufficiently complete to allow for
the initial evaluation, coordination and the development of a relocation plan. The City
and PAETEC shall meet at a time and location determined by the City to discuss the
project requirements including critical timelines, schedules, construction standards,
utility conflicts, as -built requirements, and other pertinent relocation plan details.
2. To ensure timely execution of relocation requirements, PAETEC shall, upon
written request from the City, provide at PAETEC's expense, base maps, current as-
built information, detailed relocation plan (including detailed schedule of relocation
activities, identification of critical path, identification of facilities, and relocation
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procedures), and other design, technical or operational requirements within the
timeframe specified by the City.
3. PAETEC may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation within the time
specified by the City. Such alternatives shall include the use and operation of temporary
facilities in adjacent rights of way. The City shall evaluate such alternatives and advise
PAETEC in writing if one or more of the alternatives are suitable to accommodate the
work, which would otherwise necessitate relocation of the facilities. If requested by the
City, PAETEC shall submit additional information to assist the City in making such
evaluation. The City shall give each alternative proposed by PAETEC full and fair
consideration. In the event the City ultimately determines there is no other reasonable
alternative, PAETEC shall relocate its facilities as otherwise specified in Section 5.E.
4. Upon final approval of the relocation plan by the City, PAETEC shall, at its
own expense, unless otherwise prohibited by statute, and at the timeframe specified by
the City, temporarily or permanently remove, relocate, place underground, change or
alter the position of any facilities or structures within the right -of -way whenever the
City has determined that such removal, relocation, undergrounding, change or
alteration is reasonably necessary for the construction, repair, maintenance, installation,
public safety, or operation of any public improvement in or upon the rights -of -way.
5. If during the construction, repair, or maintenance of City's public
improvement project an unexpected conflict occurs from PAETEC's facilities, PAETEC
shall upon notification from the City, respond within 24 hours to resolve the conflict.
F. Removal or Abandonment. Upon the removal from service of any service
antennas or other associated structures, facilities and amenities, PAETEC 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 PAETEC 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, PAETEC shall, upon the request of the City, furnish a bond executed by
PAETEC and a corporate surety authorized to operate a surety business in the State of
Washington, in such sum as may be set and approved by the City as sufficient to ensure
performance of PAETEC's obligations under this Franchise Agreement, provided,
however, that such sum shall not exceed 150% of the cost of the telecommunications
system to be installed by PAETEC in the City rights -of -way. At PAETEC's sole option,
PAETEC 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 PAETEC
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
PAETEC work or materials discovered in the City's roads, streets or property.
H. "One -Call" Location Liability. PAETEC 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 PAETEC's
system components or for interruptions in service to PAETEC customers which are a
direct result of work performed for any City project for which PAETEC 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
PAETEC system components or for interruptions in service to PAETEC customers
resulting from work performed under a permit issued by the City.
I. As -Built Plans Required. PAETEC 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 PAETEC
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pursuant to this Franchise Agreement. The City shall determine the acceptability of any
as -built submittals provided under this section.
J. Recovery of Costs. PAETEC 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. Where the City incurs costs and expenses for review or
inspection of activities undertaken through the authority granted in this Franchise
Agreement or any ordinances relating to the subject for which permit fees have not
been established, PAETEC shall pay such reasonable costs and expenses directly to the
City.
K. Vacation. If, at any time, the City shall vacate any City road, right -of -way or
other City property which is subject to rights granted by this Franchise Agreement and
said vacation shaII 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 PAETEC, 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 PAETEC by reason of such termination other than
those provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by PAETEC to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City that
describes the violations of the franchise and requests remedial action within 30 days of
receipt of such notice. If PAETEC 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 PAETEC's actions, or any failure by PAETEC to act to correct a
situation caused by PAETEC, is deemed by the City to create a threat to life or property,
financial harm, or cause a delay of the construction, repair or maintenance of the public
improvement, the City may order PAETEC to immediately correct said threat, financial
harm, or delay or, at the City's discretion, the City may undertake measures to correct
said threat, financial harm or delay itself; provided that, when possible, the City shall
notify PAETEC and give PAETEC an opportunity to correct within a specified time said
threat, financial harm or delay before undertaking such corrective measures. PAETEC
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 PAETEC 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 PAETEC to take appropriate
action to correct a situation caused by PAETEC and identified by the City as a threat to
public or private safety or property, financial harm, or delay of the construction, repair
or maintenance of the public improvement shall be considered a violation of franchise
terms.
2. If during construction or maintenance of PAETEC'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, PAETEC 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 PAETEC'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 and /or damages.
D. Removal of System. In the event this Franchise Agreement is terminated as a
result of violations of the terms of this Franchise Agreement, PAETEC shall, at its sole
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expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow PAETEC to abandon its facilities in place.
Section 7. Insurance.
A. PAETEC shall maintain liability insurance written on a per occurrence basis
during the full term of this franchise for personal injuries and property damages. The
policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the
Tukwila Municipal Code.
B. Such insurance shall specifically name as additional insured, the City, its officers
and employees; shall apply as primary insurance; shall stipulate that no insurance
affected by the City will be called on to contribute to a Ioss 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 mail, 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
PAETEC from any obligation to obtain approvals or necessary permits from applicable
federal, 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, however, for a transfer in trust, by other hypothecation,
or by assignment or any rights, title or interest in PAETEC's telecommunications 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. Approval shall not be required for any transfer from PAETEC to
another person or entity controlling, controlled by, or under common control with
PAETEC.
B. In any transfer of this franchise which requires the approval of the City, PAETEC
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 administrative
costs associated with a transfer of this franchise which 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 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. PAETEC 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. PAETEC 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 administrative fee is
due 30 days after franchise approval.
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C. In the event PAETEC submits a request for work beyond scope of original
franchise, or submits a complex project that requires significant comprehensive plan
review or inspection, PAETEC shall reimburse City for franchise amendment and
expenses associated with the project. PAETEC shall pay such costs within 30 days of
receipt of bill from the City.
D. Failure by PAETEC 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 PAETEC shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila WA 98188
PAETEC
Attn: ROW Department
One Martha's Way
Hiawatha IA 52233
Section 12. Indemnification.
A. PAETEC 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. PAETEC 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 PAETEC, its
officers, agents, servants or employees, carried on in the furtherance of the rights,
benefits, and privileges granted to PAETEC by this franchise. In the event any claim or
demand is presented to or filed with the City which gives rise to PAETEC's obligation
pursuant to this section, the City shall within a reasonable time notify PAETEC thereof
and PAETEC 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
PAETEC's obligation pursuant to this section, the City shall promptly notify PAETEC
thereof, and PAETEC shall, at its sole cost and expense, defend such suit or action by
attorneys of its own election. In defense of such suit or action, PAETEC 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 PAETEC 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 PAETEC and the City,
PAETEC'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, PAETEC expressly waives its immunity under
Title 51 of the RCW, the Industrial Insurance Act, for injuries to its officers, agents and
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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
PAETEC'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, either
party may 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 unconstitutional, the parties may agree to treat the portion
declared invalid or unconstitutional as severable and maintain in force the remaining
provisions of this ordinance; provided that, if the City elects, without agreement by
PAETEC, to enforce the remaining provisions of the ordinance, PAETEC 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 ordinances. 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. PAETEC 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. PAETEC acknowledges
that the City may develop rules, regulations and specifications, including a general
ordinance or other regulations governing telecommunications operations in the City.
Such regulations, upon written notice to PAETEC, shall thereafter govern PAETEC's
activities hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect PAETEC's rights pursuant to and
in accordance with this Franchise Agreement; or
2. be applied in a discriminatory mariner as it pertains to PAETEC 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 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 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachments: Exhibit A Description
Exhibit B Acceptance Form
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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EXHIBIT A
PAETEC HOLDING CORPORATION
Fiber Optic System
PAETEC's primary Fiber Optic System in Tukwila begins at the northern City limit on
Airport Way and continues south to Boeing Access Road. On Boeing Access Road, the
System heads west to East Marginal Way South then south on East Marginal Way to
Interurban Avenue South where it continues south on West Valley Highway to the
southernmost limit of the City.
PAETEC also has a Fiber Optic System that begins 300 feet north of the intersection of
Interurban Avenue South and East Marginal Way South. On Interurban Avenue South,
the System travels south on Interurban Avenue South to the intersection of Interurban and
East Marginal Way then continues south on East Marginal Way to South 133` Street to
the intersection of South 133 Street and Interurban Avenue South tying into the primary
Fiber Optic System described above.
PAETEC
FIBER OPTIC SYSTEM
EXHIBIT A-1 DIAGRAM
102
Date:
City of Tukwila
City Clerk's Office
6200 Southcenter Blvd
Tukwila, WA 98188
Re: Ordinance Adopted
Dear Ms. O'Flaherty,
In accordance with and as required by Section 4.A of City of Tukwila Ordinance No.
(the "Ordinance passed by the City Council and approved by the
Mayor on PAETEC hereby accepts the terms, conditions and
obligations to be complied with or performed by it under the ordinance.
Sincerely,
Signature
Printed Name
Title
EXHIBIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
PAETEC HOLDING CORPORATION
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104
UTILITIES COMMITTEE
Meeting Minutes
March 23, 2010 5:00 p.m. Conference Room #1
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg
Staff: Bob Giberson, Frank Iriarte, Gail Labanara, Ryan Larson, Greg Villanueva, Steve Lancaster
and Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No Presentations
City of Tukwila
Utilities Committee
11. BUSINESS AGENDA
A. Ordinance for Franchise Renewal: AboveNet Communications
Staff is seeking full Council approval of an ordinance renewing the franchise agreement with AboveNet
Communications (formerly Metromedia Fiber Network Services, Inc.).
This franchise agreement allows AboveNet Communications to install, operate and maintain a
telecommunications system in the City right -of -way. The current franchise agreement expired on
December 12, 2009, and although AboveNet currently has no plans for expansion, they may need access
to the right -of -way for repairs and /or maintenance. The agreement is for three years, and the terms and
conditions have not changed.
There are no City funds expended on this agreement. AboveNet will pay the City a $5,000 fee for the
reimbursement of administrative costs associated with this agreement. UNANIMOUS APPROVAL.
FORWARD TO APRIL 12 COW FOR DISCUSSION.
B. Ordinance for Franchise Agreement: PAETEC Holding Coro.
Staff is seeking full Council approval of a franchise agreement with PAETEC Holding Corporation to
install, operate and maintain a telecommunications system in the City right -of -way.
This franchise agreement is essentially the same agreement as above, and although PAETEC currently
has no plans for expansion, they may need access to the right -of -way for repairs and /or maintenance.
PAETEC acquired the fiber optic assets of McLeod USA. The agreement is for three years.
There are no City funds expended on this agreement. PAETEC will pay the City a $5,000 fee for the
reimbursement of administrative costs associated with this agreement. UNANIMOUS APPROVAL.
FORWARD TO APRIL 12 COW FOR DISCUSSION.
C. 2010 Annual Small Drainage Program Design Consultant Selection and Agreement
Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of
$47,990.16 for design services for the City's 2010 Annual Small Drainage Program. KPG was
chosen from the City's consultant roster (Municipal Research and Services Center Rosters), and has
designed the Annual Small Drainage Program since 1991. Due to limited budget funds, Public Works
has limited this year's program to 3 sites, verses the average 4 -6 sites per year.
Three projects have been identified for construction in 2010 through maintenance and citizen
complaints. Sites 1 and 2 involve Gilliam Creek and Site 3 is along Tukwila International Boulevard
105
106
1 CAS NUMBER: 10-042
S1 >NSOR Council n Mayor E Adm Svcs n DCD
SPONSOR'S
SUMMARY
Fund Source:
Comments:
1 MTG. DATE
04/12/10
04/19/10
MTG. DATE
04/12/10
04/19/10
Meeting Date
04/12/10
04/19/10
Co UNC7L A GENDA SYNOPSIS
RT
I a I
Mtg Date 04/12/10 Mtg Date 04/19/10 R4tg Date Mtg Date
Initials
repared by 1 NIct review Council review
RT I A.We
ITEM INFORMATION
(0 92-- I ORIGINAL AGENDA DATE: APRIL 12, 2010
AGENDA ITEM TITLE Ordinance to Adopt 2010 WSDOT /APWA Standard Specifications and
repeal Ordinance 2193
CA'1'13GORY Discussion Motion I 1 Resolution (J Ordinance U Bid Award n Public Hearing Other
Finance .Fire I Legal P&R E Police
Local agencies utilizing federal funds for transportation contracts must incorporate and
adopt the 2010 Standard Specifications, as published by the WA State Dept of
Transportation and the Washington State Chapter of the American Public Works
Association. This ordinance will also repeal Ordinance 2193, which adopted the 2008
WSDOT /APWA Standards.
REV 1E\`VIM BY U COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte
n Utilities Cmte n Arts Comm. Parks Comm. n Planning Comm.
DATE: 04/05/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 03/31/10
Draft Ordinance
Minutes from the Transportation Committee meeting of 04/05/10
ITEM No.
Mtg Date Mtg Date Mtg Date
1'�l%
107
108
TO:
ISSUE
BACKGROUND
DISCUSSION
RECOMMENDATION
City of Tukwila
Attachments: Draft Ordinance
Ordinance No. 2193
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Public Works Director
DATE: March 31, 2010
SUBJECT: 2010 Standard Specifications
Ordinance
Local agencies utilizing federal funds for transportation contracts must incorporate and
adopt the 2010 Standard Specifications, as published by the Washington State
Department of Transportation and the Washington State Chapter of the American Public
Works Association (WSDOT /APWA).
Previously, the 2008 WSDOT /APWA Standard Specifications for Road, Bridge and
Municipal Construction was adopted by City of Tukwila Ordinance No. 2193.
The 2010 edition of the Standard Specifications has been published by WSDOT /APWA.
City staff has revised and updated our construction contract boilerplate documents and
General Special Provisions (GSP's) accordingly. Local agencies must adopt the 2010
Standard Specifications for use in all federally funded projects advertised after April 1,
2010.
An ordinance has been drafted to adopt the 2010 edition of the Standard Specifications,
General Special Provisions and Construction Contract Boilerplate documents. This
ordinance also repeals the previous Ordinance No. 2193.
The Council is being asked to approve the ordinance adopting the 2010 edition of the
Standard Specifications and consider this item at the April 12, 2010 Committee of the
Whole meeting and subsequent April 19, 2010 Regular Meeting.
W: \PW Eng\OTHERIContract Boilerplates and GSPs \WSDOT APWA Std Specs \2010 Tukwila GSP's and Contract Boilerplates info Memo TC.doc
Jim Haggerton, Mayor
109
110
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
SET
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 16.34,
ADOPTING THE 2010 EDITION AND ALL FUTURE AMENDMENTS OF THE
STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL
CONSTRUCTION, SETTING NUMBER OF COPIES TO BE HELD FOR PUBLIC
REVIEW; REPEALING ORDINANCE NO. 2193; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila utili7es standard specifications for the construction of
public improvements, as well as supplemental requirements; and
WHEREAS, the City has previously adopted standard specifications, most recently by
Ordinance No. 2193; and
WHEREAS, more current standard specifications are provided by the Washington State
Department of Transportation and American Public Works Association, Washington Chapter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 16.34, "Road, Bridge and Municipal Construction Specifications," is
hereby amended to read as follows:
16.34.010 Adopted. The 2010 edition of the Standard Specifications for Road, Bridge, and
Municipal Construction, prepared by the Washington State Department of Transportation and
the Washington State Chapter of the American Public Works Association, as presently existing
or as may be subsequently amended, is hereby adopted as the Code of the City of Tukwila,
Washington, for regulating the construction and maintenance of public works, including
streets, bridges, sanitary sewers, storm sewers, water distribution, structures and other public
works. The Public Works Director may allow the use of American Institute of Architects (AIA),
Construction Specifications Institute (CSI), or other building and facilities standard
specifications, on a case -by -case basis.
16.34.020 Copies to be on File. Not less than three copies of said Standard Specifications
and City of Tukwila supplements shall remain on file for use in examination by the public in
the Public Works Department.
Section 2. Repealer. Ordinance No. 2193, as codified at TMC Chapter 16.34, is 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 2010.
ATTEST/ AUTHENTICATED:
W: \Word Processing Ordinances \Standard Specs Adoption 2010.docx
RT:ksn 04/07/2010
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 1 of 1
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112
TRANSPORTATION COMMITTEE
Meeting Minutes
April 5, 2010 5:00 p.m. Conference Room 1
CALL TO ORDER: The meeting was called to order at 5:00 p.m.
L PRESENTATIONS
No presentations.
City of Tukwila
Transportation Committee
PRESENT
Councilmembers: Verna Seal, Chair; Joan Hernandez and De'Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Lisa Verner, Jack Pace, Gail Labanara, Peter
Lau, Steve Lancaster and Jim Haggerton
Guests: Jack Pawlicki, Luthfi Eddyono, Sidratahta Mukhtar and Diah Pitaloka
II. BUSINESS AGENDA
A. 2010 WSDOT /APWA Standard Specifications
Staff is seeking full Council approval of an ordinance adopting the 2010 Standard Specifications as
published by the Washington State Department of Transportation and the Washington State Chapter of the
American Public works Association (WSDOT /APWA).
The Standard Specifications are for road, bridge and municipal construction, and are updated every two
years. These Standards must be used for all federally funded project advertised after April 1, 2010. The last
adoption of Standard Specifications was in 2008. UNANIMOUS APPROVAL. FORWARD TO APRIL
12 COW FOR DISCUSSION.
B. Tukwila South Southcenter Parkway Extension
Staff is seeking full Council approval for the Mayor to enter into several contracts and agreements and
award a bid relative to the construction and appropriate funding for the Southcenter Parkway Extension
project. Federal funds for this project have already been obligated, and the City has utilized a portion of
those funds.
Action needs to be taken on the following contracts and agreements. The Committee recommendation
follows each item, respectively.
1. Authorize the Mayor to enter into a grant agreement with the Washington State Department
of Commerce Local and Community Projects Program for a grant in the amount of
$3,980,000.
This contract allows the City to utilize grant funds for project costs that have been incurred
previously, dating back to 2005. Funds will be used for capital costs and must be expended
by June 30, 2011. UNANIMOUS APPROVAL. FORWARD TO APRIL 12 COW FOR
DISCUSSION.
2. Authorize the Mayor to enter into a grant agreement with the Washington State Dept tinent
of Commerce Community Economic Revitalization Board (CERB) Program for a grant in
the amount of $6,000,000.
This contract allows the City to utilize grant funds for project costs that have been incurred
previously, dating back to 2005. Funds will be used for capital costs and must be expended
by June 30, 2011. UNANIMOUS APPROVAL. FORWARD TO APRIL 12 COW FOR
DISCUSSION.
113
114
CAS NUMBER 10-043
COUNCIL A G ENDA SvLvoPsIs
Meeting Date 1 Pjepared by 1 Mayoy ,council review
04/12/10 RL I 942. 1
04/19/10 I RL 1 L-
I
ITEM INFORMATION
Initia /s
AGENDA ITEM TITLE 2010 Annual Small Drainage Program
Design Consultant Agreement with KPG, Inc.
I ORIGINAL AGENDA DATE: APRIL 12, 2010
CND (.30RY Discussion Motion 1 1 Resolution Ordinance Bid Award Public Hearing 1 1 Other
Al Date Mtg Date Mtg Date
'SPONSOR J Council Mayor Adm Sven DCD Finance Fire 1 Legal P&'R Police 1'GV
SPONSOR'S
SUMMARY
1 MTG. DATE
04/12/10
04/19/10
04/19/10
MTG. DATE
04/12/10
Mtg Date 04/12/10 Mtg Date 04/19/10 Mtg Date
Fund Source: 412 SURFACE WATER FUND (PAGE 144, 2010 CIP)
Comments:
1
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 03/15/10
Vicinity Map
Consultant Qualification Review
Consultant Agreement with Scope of Work and Fee
Minutes from the Utilities Committee meeting of 03/23/10
ITEM No.
A1tg Date
This contract is for design of the 2010 Annual Small Drainage Program. Three consultant
firms were short listed from the Consultant Works Roster and KPG was chosen as the most
qualified. This year three projects are being designed for construction in 2010. Council is
being asked to approve the design contract with KPG, Inc. in the amount of $47,990.16.
RiwIEWIM BY I 1 COW Mtg. n CA &P Cmte F &S Cmte U Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. n Planning Comm.
DATE: 03/23/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$47,990.16 $50,000.00 $0.00
115
116
City of Tukwila
Mayor Haggerton
Utilities Committee
FROM: Public Works Director
TO:
DATE: March 15, 2010
INFORMATIONAL MEMORANDUM
SUBJECT: 2010 Annual SmaII Drainage Program
Project No. 10 -DR01
Consultant Recommendation Agreement
ISSUE
Approve KPG, Inc. to design the 2010 Annual Small Drainage Program.
BACKGROUND
The Annual Small Drainage Program repairs surface water projects that are identified through maintenance
activities as well as citizen complaints. This year, we are proposing the design of three projects for
construction in 2010.
DISCUSSION
The Public Works staff reviewed the list of known system deficiencies and compiled a list of three projects for
design and construction in 2010. The three projects selected are:
1. Gilliam Creek Regional Detention Facility Install safety railing and access platform.
2. Gilliam Creek, S 154 Street Crossing Reconstruct existing rack structure and provide ramp access.
3. Tukwila International Blvd Replace existing failed 18" CMP with new pipe.
The current consultant roster was reviewed and three firms were short- listed to design the selected three
projects. The firms were: KPG Inc., PACE Engineers, and RW Beck. The firm's Summary of Qualifications
were evaluated and scored. KPG, Inc. was selected as the firm that best met the requirements of this type of
project. KPG, Inc. has designed the Annual Small Drainage Program since 1991 and Public Works staff
continues to be very satisfied with their work. KPG, Inc. has a good working relationship with the Washington
Department of Fish and Wildlife, is knowledgeable of City requirements, remains flexible to design changes,
and continues to complete design within the budget.
It is recommended that KPG Inc. design the 2010 Annual SmaII Drainage Program for a fee of $47,990.16.
BUDGET SUMMARY
Contract Budget
Design 47,990.16 50,000.00
RECOMMENDATION
The Council is being asked to approve this design agreement with KPG, Inc. in the amount of $47,990.16 for
the 2010 Annual Small Drainage Program and consider this item at the April 12, 2010 Committee of the
Whole meeting and subsequent April 19, 2010 Regular Meeting.
Attachments: Location Map
Consultant Rating Sheet
Consultant Agreement
W:IPW Eng1PROJECTSIA- DR Projects110 -DR01 (2010 SDP)lDesignllNFORMATION MEMO Storm Ordinance doc
Jim Haggerton, Mayor
117
118
2010 Annual Neighborhood Drainage Program
120
�O S ®P Qualification
�eV jeW ToP Choice, 2 Second
Ch ice. 3 Third Choice)
T OwAL otal Score is best)
Rank Best)
Firm Lowest
E
ce with HP Cr ee
all Scale Projects
edule and Within Budget
t to keep projec on sch
pb�i� y Members
Key Tear' Memb
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Project e System
cess, Drainag owiedge of City Plan Pro
Kn
2.
122
CONSULTANT AGREEMENT FOR
DRAINAGE DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and KPG, Inc., 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 perfouu drainage design
services in connection with the project titled 2010 Annual Neighborhood Drainage 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 365 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $47,990.16 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 perfonned,
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.
123
124
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per 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, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
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.
126
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG, Inc.
753 9th Avenue N.
Seattle, WA 98109
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 2010
CITY OF TUKWILA CONSULTANT
By:
Jim Haggerton, Mayor Nelson Davis, KPG
Principal
Title:
Attest /Authenticated: Approved as to Form:
Christy O'Flaherty, CMC, City Clerk Office of the City Attorney
4
Exhibit A
City of Tukwila
2010 Annual Small Drainage Program
Scope of Work
March 3, 2010
KPG
The Consultant shall prepare base maps, final plans, specifications, and estimates for
the following small drainage projects:
Site 1: Gilliam Creek Regional Detention Facility
Install safety railing and access platform on existing detention outlet
structure.
Site 2: Gilliam Creek, S 154 Street crossing
Remove and replace existing trash rack on inlet structure immediately
south of S 154 Street. Regrade channel and /or provide ramp to improve
access for maintenance.
Site 3: Tukwila International Boulevard
Existing drainage from the west of TIB and south of Intergate Gate West
frequently plugs and causes flooding across TIB. Remove existing 18"
CMP and replace with 18" HDPE pipe with debris barrier for inlet
protection.
Work on these projects shall include any necessary survey, alternative analyses,
quantity estimating and cost estimating to complete the projects. Surveyed base maps
and horizontal utility locations will be provided for sites 2 and 3. Asbuilt drawings and
field measurements will be used for base conditions on the outlet structure for Site 1.
Project horizontal and vertical datum's will be assumed on all projects.
The Consultant shall assist the City with a SEPA checklist and JARPA application for
Sites 1 and 2.
It is our understanding that none of the projects will require biological assessments,
additional permits, detention facilities, or water quality treatment facilities. The budget
assumes a straightforward approval process with no special studies or extensive
coordination.
It is anticipated that the projects will be bid as one package for the 2010 Small Drainage
Program. The Consultant shall perform base mapping, permit agency coordination,
utility coordination, and preliminary design and cost estimating for each of the project
sites to assist the City with prioritization for the bid package. Projects will be prioritized
based on available budget and other factors (such as permit complexity, utility
City of Tukwila
2010 Annual Small Drainage Program 1 of 2
KPG
March 3, 2010
127
128
Deliverables:
City of Tukwila
2010 Annual Small Drainage Program 2 of 2
Exhibit A
relocation needs, easements, etc.) to achieve a realistic schedule and project listing for
the 2010 Small Drainage Program.
For the 2010 Small Drainage Program, the Consultant shall submit 50% (plans and
estimate only) and 90% plan, specification, and estimate submittals for City review prior
to bidding. The City may reprioritize the projects based on estimated costs and
available budget.
The Consultant shall provide the following deliverables:
Distribution of 50% Plans to utilities
2010 Small Drainage Program:
10 copies, 50% Plans and Estimates
5 copies, 90% Plans, Specifications and Estimates
Full size mylar copy of Final Plans
10 copies, 1 /2 size Final Plans (Bond)
10 copies, Final Specifications
1 copy, Final Engineers Estimate
Coordination and upload to BXWA.com
The City shall provide the following items:
Property owner contact information
As built drawings for Site 1 detention structure
Plan reviews and comments
Easement negotiations, if required.
Fees associated with advertisement on BXWA.com
KPG
March 3, 2010
HOUR AND FEE ESTIMATE EXHIBIT B
Project: City of Tukwila
2010 Annual Small Drainage Program
Labor Hour Estimate
Project Project Survey
Task Description Manager Engineer Field Crew I Toohnician Clerical
177/45 113.57 140]]8 94.34 59.01
Task 1 Small Drainage Program
11Management/Coondination/Admtnintradon 8 0
1.2 Topographic survey 0 16
1.3 Fia>d n�vews 4 8
1.4 P�peroPlans �s�m�o8nhoots)
03/16/2010
u o,8__, 1.971.68
24 16 0 6.080.50
4.
1
Architecture
Landscape Architecture
Civil Engineering
Total Fee
Fee
Gilliam Creek Regional Detention 16 0 24 4/438.16
G��mCn��k �/54�S��e 4__ 2 10 0 1O 0 3�O1��
Tukwila International Boulevard 2 20 0 16 0 ____4.13574_
Prepare Detail Sheets 2 8 0 16 0 2.772.80
Suboonoultant coordination for site 1 tybriootion 4 8 0 4 0 1,995.72
1.5 20J9 Small Drainage Pmgnam
Prepare 50%&V0% Review Submittals 4 8 0 8 4 2.649.12
UVlifynoon/inabnn 0 4 0 0 2 50230
Quantity and Cost Estimating_ 2 8 0 8 0 2,018.18
Prepare 4 1.53Q.50
P m 2 i 8 0 0
�hu� o8/dDooumen/t 2 4 0 8 1,839.94
Rb[�ab|aexpenses see breakdown �xd��
ai 0.200.00
Task Totals i 34 124 24 120 22 1 42,515.00 I
HOUR AND FEE ESTIMATE
Project: City of Tukwila
2010 Annual Small Drainage Program
EXHIBIT B
j Labor Hour Estimate l
Project 1 Project Survey
Manager Engineer Field Crew Technician $Clerical
01
Description 177.45 113.57 140.00. 94.34
Task 2 Permitting 7 2 1 8 O
2.1 Assist City with SEPA checklist 2 8
2.2 Assist City with DARPA applications 0
2.3 Assist City with WDFW coordination i 4 4 i 2 0
Reimbursable expenses see breakdown for details
Task Totals
Task
03/16/2010
4
12
Cr
Architecture
Landscape Architecture
ivil Engineering
Total Fee
Fee
4 1,916.86
2 2,156.20
1,302.10
2 100.00
8 j 5,475.16
Total Estimated Fee: 47,990.16
Cost
Reimbursable Breakdown 200.00
Task 1 -2010 Small Drainage Program 1,000.00
_Mileage
Roduction
Gravitec Technical suppor Fabrication 5,000.00
6,200.00
Task 1 Total
50.00
Task 2 Permitting 50.00
Mileage 100.00
Reproduction Task 2 Total
UTILITIES COMMITTEE
Meeting Minutes
March 23, 2010 5 :00 p.m. Conference Room #1
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg
Staff: Bob Giberson, Frank Iriarte, Gail Labanara, Ryan Larson, Greg Villanueva, Steve Lancaster
and Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No Presentations
City of Tukwila
Utilities Committee
II. BUSINESS AGENDA
A. Ordinance for Franchise Renewal: AboveNet Communications
Staff is seeking full Council approval of an ordinance renewing the franchise agreement with AboveNet
Communications (formerly Metromedia Fiber Network Services, Inc.).
This franchise agreement allows AboveNet Communications to install, operate and maintain a
telecommunications system in the City right -of -way. The current franchise agreement expired on
December 12, 2009, and although AboveNet currently has no plans for expansion, they may need access
to the right -of -way for repairs and /or maintenance. The agreement is for three years, and the terms and
conditions have not changed.
There are no City funds expended on this agreement. AboveNet will pay the City a $5,000 fee for the
reimbursement of administrative costs associated with this agreement. UNANIMOUS APPROVAL.
FORWARD TO APRIL 12 COW FOR DISCUSSION.
B. Ordinance for Franchise Agreement: PAETEC Holding Coro.
Staff is seeking full Council approval of a franchise agreement with PAETEC Holding Corporation to
install, operate and maintain a telecommunications system in the City right -of -way.
This franchise agreement is essentially the same agreement as above, and although PAETEC currently
has no plans for expansion, they may need access to the right -of -way for repairs and/or maintenance.
PAETEC acquired the fiber optic assets of McLeod USA. The agreement is for three years.
There are no City funds expended on this agreement. PAETEC will pay the City a $5,000 fee for the
reimbursement of administrative costs associated with this agreement. UNANIMOUS APPROVAL.
FORWARD TO APRIL 12 COW FOR DISCUSSION.
C. 2010 Annual Small Drainage Program Design Consultant Selection and Agreement
Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of
$47,990.16 for design services for the City's 2010 Annual Small Drainage Program. KPG was
chosen from the City's consultant roster (Municipal Research and Services Center Rosters), and has
designed the Annual Small Drainage Program since 1991. Due to limited budget funds, Public Works
has limited this year's program to 3 sites, verses the average 4 -6 sites per year.
Three projects have been identified for construction in 2010 through maintenance and citizen
complaints. Sites 1 and 2 involve Gilliam Creek and Site 3 is along Tukwila International Boulevard
131
132
Utilities Committee Minutes March 23, 2010 Page 2
south of Intergate West. Through this design services agreement, KPG, Inc. will be able to tell the
City the most cost effective way to approach and construct these projects. UNANIMOUS
APPROVAL. FORWARD TO APRIL 12 COW FOR DISCUSSION.
D. NPDES Program: 2010 Stormwater Management Program and 2009 Annual Report
Staff has completed the 2010 update to the Stormwater Management Program as well as the 2009
Stormwater Management Annual Report.
As a National Pollutant Discharge and Elimination System requirement, the City must submit a signed
and certified annual report to the Department of Ecology by March 31. The 2010 Program update will
also be submitted, and is considered to be a working document until the final plan in completed in August
2011. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 5:34 p.m.
Next meeting: Tuesday, April 13, 2010 5:00 p.m. Conf. Room No. 1.
Committee Chair Approval
by r!M. Reviewed by GL.
CAS NUMBER: 10-044
AG] NDr\ ITEM TrTI.,E
C, \TIGORY
SPONSOR'S
SUMMARY
REVIEWED BY
EXPENDITURE REQUIRED
MTG. DATE
4/12/10
4/19/10
MTG. DATE
4/12/10
Meeting Date
04/12/10
04/19/10
COUNCIL AGENDA SYNOPSIS
Prepared by
LV
LV
ITEM- INFORMATION
1 ORIGINAL AGENDA DATE: APRIL 12, 2010
ev
Authorize the Mayor to sign various contracts which collectively provide funding and
will allow construction to begin on Southcenter Parkway
Dzircussion Motion n Resolution
Mtg Date 4/12/10 Mtg Date 4/19/10 Mtg Date
I SPC )NSOR n Council Mayor Adm Svcs DCD Finance Fire Legal n P &R Police PI/
The Tukwila South Development Agreement calls for the City to relocate and construct a 5-
lane Southcenter Parkway Extension. To start construction, City needs to accept the
CERB, Capital Projects and TIB grants; to sign an Interlocal Agreement with Highline
Water District; to sign two agreements with PSE; to amend the construction management
contract with KBA, Inc; and to award the construction bid to Scarsella Bros, Inc.
Construction cost is $16,030,030.64 paid by state /federal grants, Highline, and city bonds.
COW Mtg. CA &P Cmte F &S Crnte Transportation Cmte
Utilities Cmte n Arts Comm. n Parks Comm. n Planning Comm.
DA 1 4/5/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
Initials
Mayor's Btezv 1 ,,siyzncilzeviezv
I'k
n Ordinance
RECORD OF COUNCIL ACTION
ITEM No.
Bid Award n Public Hearing Other
Mtg Date Mtg Date 4/19/10 Mtg Date Mtg Date
Fund Source: Multiple funding sources; see attachment "Southcenter Parkway Expenses /Revenues Chart 4 -5 -10"
ATTACHMENTS
Informational Memorandum dated 4/5/10
State Capital Projects Grant Contract for $3.98 million
State Community Economic Revitalization Board Grant Contract for $6 million
Transportation Improvement Board Grant contract for $2 million
Highline Water District Interlocal Agreement
Puget Sound Energy Project Plan Agreement, estimating costs to be $241,400
Puget Sound Energy Construction Agreement for $241,400
Amendment to Contract with KBA for $2,453,950
Bid Award to Scarsella Brothers for $16,030,030.63
Southcenter Parkway Expenses /Revenues
Minutes from the Transportation Committee Meeting of 4/5/10
1
33
134
2
W
y City of Tukwila
TO: Mayor Haggerton
Transportation Committee
FROM: Lisa Verner, Mayor's Office
DATE: April 5, 2010
INFORMATIONAL MEMORANDUM
SUBJECT: Tukwila South Southcenter Parkway
ISSUE
BACKGROUND
Jim Haggerton, Mayor
Authorize the Mayor to sign various contracts which collectively provide funding and will allow
construction to begin on Southcenter Parkway
The Tukwila South Development Agreement calls for the City to relocate and construct a 5 -lane
Southcenter Parkway Extension. The City hired David Evans Associates to design the new
Southcenter Parkway; a call for bids was advertised on February 25, March 3 and March 10.
Nine bids were opened on March 18. The lowest responsible bidder is Scarsella Bros, Inc.
The construction bids were reviewed and no mathematical errors were found on Scarsella's bid.
The third low bidder submitted a bid protest stating that Scarsella Bros, Inc bid should be
rejected as non responsive because the bid amounts were not written out in full by hand; they
were listed in numerical form. The contract specifications allow the City to waive any immaterial
irregularities such as not writing the bid amount in full by hand; the City Attorney is in
agreement. References indicate Scarsella Bros, Inc has performed this type of work in the past
and the work has been satisfactory.
The construction bid includes Schedule F for additional improvements to the City's water line on
Southcenter Parkway from Minkler Blvd to S 180 St. Since the roadway will be under
construction for the necessary sewer improvements, the City is taking advantage of a favorable
bidding climate for a project that is scheduled in the CIP. Funding is from the Water Enterprise
Fund.
Over the last several years, the City has secured grant funding for Southcenter Parkway from
several sources: federal funds, state Community Economic Revitalization Board (CERB) funds,
state Capital Projects funds, and state Transportation Improvement Board (TIB) funds. The
federal funds have already been obligated. The City needs to contract with the other three
funding sources in order to utilize the grant funds. TIB funds are for construction only, while the
CERB and Capital Projects funds may be used for all aspects of the project. Pursuant to CIP
Policy, the grant contracts are brought to Council for acceptance.
135
INFORMATIONAL MEMO
Page 2
The City interviewed four firms out of nine submittals for construction management services.
KBA, Inc. is the firm which best met the City's criteria and needs. The Mayor has signed an
initial contract with KBA for $35,000.00 for work started in March. Supplement No. 1 is now
needed for the full construction management contract.
As part of the arrangement negotiated in the Development Agreement, the City included
construction of a water line for Highline Water District in the City's construction bid (Schedule
E), will include the work in the construction contract and will sign an Interlocal Agreement with
Highline. A portion of the construction is to relocate the existing water line (franchise work) and
a portion is to upsize the line (oversize work) in order to serve the new, anticipated Tukwila
South development. Highline will reimburse the City for the franchise work and Segale
Properties will reimburse the City for the oversizing work. Also pursuant to the Development
Agreement, Segale Properties will provide a Letter of Credit to the Escrow Agent for its share of
the costs prior to the City signing the construction contract.
Aiso as part of the arrangement negotiated in the Development Agreement, the City will ask
Puget Sound Energy (PSE) to underground the existing overhead electric distribution wires as
part of the Southcenter Parkway project, pursuant to the franchise and Schedule 74. The City is
to sign a Project Plan Agreement and a Construction Agreement with PSE to implement the
undergrounding. Under Schedule 74, the costs are split 60/40 with the City responsible for 40
Segale Properties will reimburse the City for the 40% costs ($241,400.00) and will deposit a
Letter of Credit for 110% of the estimated costs with the Escrow Agent prior to the City signing
PSE's construction contract.
DISCUSSION
Southcenter Parkway Extension runs from S 180 Street to S 200 Street. The full right -of -way
is within the city limits. A Possession Use Agreement for the new right -of -way and
construction area was signed by Segale Properties and recorded.
In order to begin construction on Southcenter Parkway, the City needs to contract with several
granting agencies to accept the grant funds, to conclude agreements with Highline Water
District and Puget Sound Energy, to supplement a contract with a construction manager, and to
award a bid for construction work. Below is a list of these various contracts:
1. State Capital Projects grant for $3.98 Million
2. State CERB grant for $6 Million
3. TIB Grant for $2 Million
4. Highline Water District Interlocal Agreement
5. Puget Sound Energy Project Plan Agreement for $241,400.00
6. Puget Sound Energy Construction Agreement for $241,400.00
7. Amend Contract 10 -038 for Construction Management and Design Services contract
with KBA, Inc for $2,488,950.00
8. Construction Bid Award to Scarsella Bros, Inc for $16,030,030.64
Attached is a chart of the Southcenter Parkway Expenses and Revenues (4 -5 -10) which
demonstrates that the City has enough revenues to cover the expenses of this project.
Construction Management costs of 15% and a contingency fund of 15% are included in the
calculations, pursuant to the Development Agreement. The Development Agreement calls for
136 W:12010 InfoMemoslInfoMemo SCP contracts and ILA 4- 5- 10.doc
INFORMATIONAL MEMO
Page 3
up to $8.25M in City GO bonds for this project; based on the grants received and low bid
amount, the City needs bond funds in the amount of approximately $4.056 Million.
RECOMMENDATIONS
1. Discuss authorizing the Mayor to sign the State Capital Proiects arant for $3.98 Million
for funding for Southcenter Parkway Extension at Council's April 12, 2010 Committee of
the Whole meeting and forward for a decision to April 19, 2010 Regular Meeting
2. Discuss authorizing the Mayor to sign the State CERB (Community Economic
Revitalization Board) grant for $6 Million for funding for Southcenter Parkway Extension
at Council's April 12, 2010 Committee of the Whole meeting and forward for a decision
to April 19, 2010 Regular Meeting
3. Discuss authorizing the Mayor to sign the TIB (Transportation Improvement Board) grant
for $2 Million for funding for Southcenter Parkway Extension at Council's April 12, 2010
Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular
Meeting
4. Discuss authorizing the Mayor to sign the Highline Water District Interlocal Aareement
for Southcenter Parkway Extension at Council's April 12, 2010 Committee of the Whole
meeting and forward for a decision to April 19, 2010 Regular Meeting
5. Discuss authorizing the Mayor to sign the Puget Sound Energy Proiect Plan Agreement
for $241.400.00 for Southcenter Parkway Extension at Council's April 12, 2010
Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular
Meeting
6. Discuss authorizing the Mayor to sign the Puget Sound Energy Construction Agreement
for $241.400.00 for Southcenter Parkway Extension at Council's April 12, 2010
Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular
Meeting
7. Discuss authorizing the Mayor to sign Amendment #1 to Contract 10 -038 for
Construction Manaaement and Desian Services Contract with KBA. Inc for
$2.488,949.43 for Southcenter Parkway Extension at Council's April 12, 2010
Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular
Meeting
8. Discuss waiving the immaterial bid irregularity and awarding the Southcenter Parkway
Extension construction project (all schedules) to Scarsella Bros, Inc for $16,030,030.64
at Council's April 12, 2010 Committee of the Whole meeting and forward for decisions to
April 19, 2010 Regular Meeting
ATTACHMENTS
1. State Capital Projects grant contract for $3.98 Million
2. State CERB grant contract for $6 Million
3. TIB grant contract for $2 Million
4. Highline Water District Interlocal Agreement
W:12010 InfoMemosllnfoMemo SCP contracts and ILA 4- 5- 10.doc
137
INFORMATIONAL MEMO
Page 4
5. Puget Sound Energy Project Plan Agreement for $241,400.00
6. Puget Sound Energy Construction Agreement for $241,400.00
7. Amendment to Contract 10 -038 for Construction Management and Design Services
contract with KBA, Inc for $2,488,750.00
8. DEA's Southcenter Parkway Contractor Award Recommendation Letter and Bid Tabulation
9. Southcenter Parkway Expenses and Revenues chart dated 4 -5 -10
3 8 W :12010 InfoMemoslInfoMemo SCP contracts and ILA 4- 5- 10.doc
Southcenter Parkway 0415/10
Expenses
Schedule A roadway
Schedule B sanitary sewer
Schedule C building demo
Schedule D owner directed
Schedule E Highline water
Total Base Bid
Schedule F Tukwila Water
Total Base Bid with Additives
Construction Management (15
Contingency (15
Design costs (DEA Supp #8, #9)
On -call design (DEA, in KBA contract)
Design costs (Highline)
PW Proj Coordinator support
PSE Schedule 74
City Construction Management
TOTAL COST
8% for Highline water
City Water Fund
Federal Funds
State CERB
State Capital Projects
TIB
City GO Bonds
Supplements 1, 2, 3
Original DEA contract
Revenues
Total Grants
City General Fund*
Federal T1B grants for design
TOTAL
Scarsella Bros Inc
Bid
11,483,500.00
1,916,251.10
40,000.00
849,500.00
1,367,930.94
15,657,182.04
372,848.60
16,030,030.64
2,308,750.00
2,404,505.00
599,713.00
215,200.00
116,756.00
125,000.00
241,400.00
300,000.00
$22,341,354.64
Original
3,683,000.00
6,000,000.00
3,980,000.00
5,000,000.00
6,000,000.00
24,663,000.00
620,000.00
350,000.00
$25,633,000.00
Reimbursement By City Responsibility
Highline /Segale (not Tuk So)
1,367,930.94
109,434.48 55,927.29
116,756.00
62,500.00
241,400.00
1,898,021.42
Spent/ Unavailable
4,373.00
3,000,000.00
1,944,070.00
625,337.00
345,800.00
$5,919,580.00
Division of Costs
372,848.60
300,000.00
728,775.89
Available
3,678,627.00
6,000,000.00
3,980,000.00
2,000,000.00
4,055,930.00
Revenue
Less Expenses
0.00
0.00
$19,714,557.00
Tukwila South (City
Grants Bonds)
11,483,500.00
1,916,251.10
40,000.00
849,500.00
2,143,388.24
2,404,505.00
599,713.00
215,200.00
62,500.00
1 9,714,557.33
$19,714,557.00
19,714,557.33
-$0.33
140
Grant to
Department of Commerce
t
et 'IA
u t°
City of Tukwila
through
The Local and Community Projects Program
For
Tukwila Southcenter Parkway Infrastructure Funds will be used
for capital costs related to the Tukwila Southcenter Parkway
Infrastructure project.
Start date: Upon Final Signature
Washington State Department of Commerce
www.commerce.wa.gov
Attachment 1
141
142
TABLE OF CONTENTS
Face Sheet 1
Special Terms and Conditions 2
1. Grant Management 2
2. Compensation 2
3. Certification of Funds 2
4. Prevailing Wage Law 3
5. Documentation and Security 3
6. Basis for Establishing Real Property Values for Acquisitions of Real Property 3
7. Expenditures Eligible for Reimbursement 4
8. Billing Procedures and Payment 4
9. Insurance 5
10. Order of Precedence 6
11. Reduction in Funds 6
12. Ownership of Project/Capital Facilities 7
13. Change of Ownership or Use for Grantee -Owned Property 7
14. Change of Use for Leased Property 7
15. Modification to the Project Budget 7
16. Signage, Markers and Publications 8
17. Historical and Cultural Artifacts 8
18. Reappropriation 8
19. Recapture 8
20. Termination for Fraud or Misrepresentation 8
General Terms and Conditions 1
1. Definitions 1
2. Advanced Payments Prohibited 1
3. All Writings Contained Herein 1
4. Amendments 1
5. Americans with Disabilities Act (ADA) 1
6. Approval 1
7. Assignment 1
8. Attorney's Fees 2
9. Audit 2
10. Confidentiality /Safeguarding of Information 3
11. Conformance 3
12. Copyright Provisions 4
13. Disputes 4
14. Duplicate Payment 5
15. Ethics /Conflicts of Interest 5
16. Governing Law and Venue 5
17. Indemnification 5
18. Independent Capacity of the Grantee 5
19. Industrial Insurance Coverage 5
20. Laws 6
21. Licensing, Accreditation and Registration 6
22. Limitation of Authority 6
23. Noncompliance With Nondiscrimination Laws 6
24. Political Activities 6
25. Prohibition Against Payment of Bonus or Commission 6
26. Publicity 7
27. Recapture 7
28. Records Maintenance 7
29. Registration With Department of Revenue 7
30. Right of Inspection 7
31. Savings 7
32. Severability 7
33. Subgranting 8
34. Survival 8
35. Taxes 8
36. Termination for Cause /Suspension 8
37. Termination for Convenience 9
38. Termination Procedures 9
39. Waiver 9
Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
143
144
1. Grantee
City of Tukwila
6300 Southcenter Parkway
Tukwila, Washington 98188
3. Grantee Representative
Lisa Verner
Project Manager
2064313662
lverner@ci.tukwila.wa.us
5. Grant Amount
$3,980,000.00
9. Federal Funds (as applicable) Federal Agency
N/A N/A
10. Tax ID# 11.SWV#
91- 6001519
14. Grant Purpose
Funds will be used for capital costs related to the Tukwila Southcenter Parkway Infrastructure project.
Jim Haggerton, Mayor
Date
6. Funding Source
FACE SHEET
Washington State Department of Commerce
Local Government Division
Community Development Programs
Capital Programs Unit
Federal: State: Other: N /A: El
2. Grantee Doing Business As (optional)
4. COMMERCE Representative
Daniel Aarthun
Program Manager P.O. Box 42525
360 725 -3007 906 Columbia Street SW
360 664 -3123 Olympia, WA 98504 -2525
Dan.Aarthun@commerce.wa.gov
12. UBI
7. Start Date
Upon Final Signature
CFDA Number
N/A
Karen J. Larkin, Assistant Director
Date
APPROVED AS TO FORM ONLY
Date
Grant Number: 08- 96105 -134
13. DUNS
N/A
8. End Date
6/30/2011
COMMERCE, defined as the Department of Commerce or its successor agency, and the Grantee, as defined above, acknowledge
and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other
documents incorporated by reference: Grant Terms and Conditions including Attachment "A" Scope of Work, Attachment `B"
Budget, Attachment "C" Certification of Availability of Funds to Complete the Project, Attachment "D" Certification of the
Payment and Reporting of Prevailing Wages, Attachment "E" Certification of Intent to Enter LEED process.
FOR GRANTEE FOR COMMERCE
145
146
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS CONTRACT, entered into by and between City of Tukwila (a unit of local government hereinafter
referred to as the Grantee), and the Washington State Department of Commerce (hereinafter referred to
as COMMERCE), WITNESSES THAT:
WHEREAS, the COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community -based
organizations; and
WHEREAS, the COMMERCE is also given the responsibility to administer state funds and
programs which are assigned to COMMERCE by the Governor or the Washington State
Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2007, Chapter 520, Section 1041,
and Laws of 2009, Chapter 497, Section 1029, made an appropriation to support the Local and
Community Projects Program, and directed COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the Grantee is eligible to receive funding
for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the "Project
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $3,980,000.00 for the capital costs necessary for or
incidental to the performance of work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS
A. The release of state funds under this contract is contingent upon the Grantee certifying that it has
expended or has access to funds from non -state sources as set forth in ATTACHMENT C
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof.
Such non -state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
2
147
148
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non -state matching fund credit.
vii) In -kind contributions, subject to COMMERCE'S approval.
B. The Grantee shall maintain records sufficient to evidence that it has access to or has expended
funds from such non -state sources, and shall make such records available for COMMERCE'S
review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The Grantee is advised to consult the Industrial Statistician at the Washington Department of
Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations that
involve the expenditure of $250,000 or more in state funds. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for design only or projects that
consist of renovations to facilities leased by the Grantee are exempt from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust in favor of COMMERCE (the "Deed of Trust The Deed of Trust shall be recorded in the
County where the Project is located, and the original returned to COMMERCE after recordation
within ninety (90) days of contract execution. The Deed of Trust must be recorded before
COMMERCE will reimburse the Grantee for any Project costs. The amount secured by the Deed
of Trust shall be the amount of the grant as set forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the Grantee under this grant. Upon
satisfaction of the ten -year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the Grantee, take appropriate action to reconvey the
Deed of Trust.
C. Title Insurance. The Grantee shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
3
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
a. Grantee purchases of real property from an independent third -party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
b. Grantee purchases of real property from a subsidiary organization, such as an affiliated
LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State
commercial real estate appraiser or the prior purchase price of the property plus holding
costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The Grantee may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures in the following cost categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the Grantee for one hundred percent (100 of eligible Project
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the Grantee shall submit to COMMERCE a signed and completed Invoice
Voucher (Form A -19), that documents capitalized Project activity performed by budget line item
for the billing period.
The Grantee shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The Grantee
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the Grantee with authority to bind the Grantee.
The final voucher shall be submitted to COMMERCE within sixty (60) days following the completion of
work or other termination of this contract, or within fifteen (15) days following the end of the state
biennium unless contract funds are reappropriated by the Legislature in accordance with Section 16,
hereof.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the Grantee.
4
149
150
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The Grantee shall riot bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be
paid by any other source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. INSURANCE
The Grantee shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
Grantee, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. Ali policies shall be primary to any other
valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a
certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The Grantee shall provide insurance coverage that shall be maintained in full force and effect during
the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantees
provide adequate insurance coverage for the activities arising out of subgrants.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Grantee for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured
to provide protection against Toss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name the Grantor as beneficiary.
5
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the Grantee and the Grantee's fiscal agent as beneficiary.
C. The Grantee shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
Grantees and Local Governments that Participate in a Self- Insurance Program.
Self- Insured /Liability Pool or Self- Insured Risk Management Program With prior approval from
COMMERCE, the Grantee may provide the coverage above under a self- insured /liability pool or
self insured risk management program. In order to obtain permission from COMMERCE, the
Grantee shall provide: (1) a description of its self insurance program, and (2) a certificate and /or
letter of coverage that outlines coverage limits and deductibles. All self insured risk management
programs or self- insured /liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board
(FASB), and 3) the Washington State Auditor's annual instructions for financial reporting.
Contractor's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its
agents, and employees need not be named as additional insured under a self- insured
property /liability pool, if the pool is prohibited from naming third parties as additional insured.
Grantee shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under Grantee's self- insured /liability pool or self
insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
10. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A Scope of Work
Attachment B Budget
Attachment C Certification of the Availability of Funds to Complete the Project
Attachment D Certification of the Payment and Reporting of Prevailing Wages
Attachment E Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
11. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this contract are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitations as
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
12. OWNERSHIP OF PROJECT /CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
facilities and /or equipment constructed or purchased with state funds under this contract. This
provision does not extend to claims that COMMERCE may bring against the Grantee in recapturing
funds expended in violation of this contract.
13. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY
A. The Grantee understands and agrees that any and all real property or facilities owned by the
Grantee that are acquired, constructed, or otherwise improved by the Grantee using state funds
under this contract shall be held and used by the Grantee for the purpose or purposes stated
elsewhere in this contract for a period of at least ten (10) years from the date the final payment is
made hereunder.
B. This provision shall not be construed to prohibit the Grantee from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C. In the event the Grantee is found to be out of compliance with this section, the Grantee shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture provision).
14. CHANGE OF USE FOR LEASED PROPERTY
A. The Grantee understands and agrees that any facility leased by the Grantee that is constructed,
renovated, or otherwise improved using state funds under this contract shall be used by the
Grantee for the purpose or purposes stated elsewhere in this contract for a period of at least ten
(10) years from the date the final payment is made hereunder.
B. In the event the Grantee is found to be out of compliance with this section, the Grantee shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision).
15. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this contract, the Grantee may, at its discretion, make
modifications not to exceed fifteen percent (15 of each line item in the Project Budget
(Attachment B), hereof.
B. The Grantee shall notify COMMERCE in writing when making any budget modification or
modifications that would exceed fifteen percent (15 of any budget line item. Any such request
shall require the written approval of COMMERCE, and any such modifications shall be made in
writing and signed by both parties, and attached to the Project Budget (Attachment B), hereof.
C. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
16. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this contract, the Grantee displays or circulates any communication,
publication, or donor recognition identifying the financial participants in the Project, any such
communication or publication must identify "The Taxpayers of Washington State" as a participant.
17. HISTORICAL AND CULTURAL ARTIFACTS
In the event that historical or cultural artifacts are discovered at the Project site during construction,
the Grantee shall immediately stop construction and notify the local historical preservation officer and
the state historical preservation officer at the Washington State Department of Archaeology and
Historic Preservation.
18. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2011,
will lapse on that date unless specifically reappropriated by the Washington State Legislature. If
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
19. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal
laws, and /or the provisions of this Grant, COMMERCE reserves the right to recapture all funds
disbursed under the Grant, in addition to any other remedies available at law or in equity. This
provision supersedes the Recapture provision in Section 27 of the General Terms and
Conditions.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the Grantee commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to
terminate or amend this contract accordingly, including the right to recapture all funds disbursed
to the Grantee under the Grant.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1 DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and /or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce or its successor agency.
C. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the Grantee.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subgrantee" shall mean one not an employee of the Grantee, who is performing all or part of
those services under this. Grant under a separate Grant with the Grantee. The terms "subgrantee"
and "subgrantees" means subgrantee(s) in any tier.
2. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
3. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
4. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336. also referred to
as the "ADA' 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
6. APPROVAL
This Grant shall be subject to the written approval of COMMERCE's Authorized Representative and
shall not be binding until so approved. The Grant may be altered, amended, or waived only by a
written amendment executed by both parties.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of COMMERCE.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
9. AUDIT
A. General Requirements
Grantees are to procure audit services based on the following guidelines.
The Grantee shall maintain its records and accounts so as to facilitate the audit requirement and
shall ensure that Subgrantees also maintain auditable records.
The Grantee is responsible for any audit exceptions incurred by its own organization or that of its
Subgrantees.
COMMERCE reserves the right to recover from the Grantee all disallowed costs resulting from
the audit.
As applicable, Grantee's required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing
Standards (the Revised Yellow Book) developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Grantee must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
Grantees expending $100,000 or more in total state funds in a fiscal year must have a financial
audit as defined by Government Auditing Standards (The Revised Yellow Book) and according to
Generally Accepted Auditing Standards (GAAS). The Schedule of State Financial Assistance
must be included. The schedule includes:
Grantor agency name
State program name
BARS account number
Grantor
COMMERCE Grant number
Grant award amount including amendments (total grant award)
Beginning balance
Current year revenues
Current year expenditures
Ending balance
Program total
If the Grantee is a state or local government entity, the Office of the State Auditor shall conduct
the audit. Audits of non profit organizations are to be conducted by a certified public accountant
selected by the Grantee.
The Grantee shall include the above audit requirements in any subgrants.
In any case, the Grantee's financial records must be available for review by COMMERCE.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
C. Documentation Reauirements
The Grantee must send a copy of any required audit Reporting Package as described in OMB
Circular A -133, Part C, Section 320(c) no later than nine (9) months after the end of the Grantee's
fiscal year(s) to:
Department of Commerce
ATTN: Audit Review and Resolution Office
906 Columbia Street SW, Fifth Floor
PO Box 48300
Olympia WA 98504 -8300
In addition to sending a copy of the audit, when applicable, the Grantee must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
10. CONFIDENTIALITY /SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
2. All material produced by the Grantee that is designated as "confidential" by COMMERCE and
3. All personal information in the possession of the Grantee that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law. The Grantee shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request,
the Grantee shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Grant
whenever the Grantor reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Grantee shall make the changes within the time period specified
by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Grantee against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFORMANCE
If any provision of this Grant violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
3
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
12. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by the Grantor. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest
in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and /or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre- existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall
have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee.
13. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with COMMERCE's
Director, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Grantee's name, address, and Grant number; and
be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5)1 working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
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14. DUPLICATE PAYMENT
The Grantee certifies that work to be performed under this Grant does not duplicate any work to be
charged against any other Grant, subgrant, or other source.
15. ETHICS /CONFLICTS OF INTEREST
In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service
Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of
interest.
16. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
17. INDEMNIFICATION
18. INDEPENDENT CAPACITY OF THE GRANTEE
19. INDUSTRIAL INSURANCE COVERAGE
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, all other agencies of the state and all officers, agents and
employees of the state, from and against all claims or damages for injuries to persons or property or
death arising out of or incident to the Grantee's performance or failure to perform the Grant. The
Grantee's obligation to indemnify, defend, and hold harmless includes any claim by the Grantee's
agents, employees, representatives, or any Subgrantee or its agents, employees, or representatives.
The Grantee's obligation to indemnify, defend, and hold harmless shall not be eliminated by any
actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subgrants shall include a comprehensive indemnification clause holding harmless the Grantee,
COMMERCE, the state of Washington, its officers, employees and authorized agents.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
The parties intend that an independent contractor relationship will be created by this Grant. The
Grantee and its employees or agents performing under this Grant are not employees or agents of the
state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer
or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee
make any claim of right, privilege or benefit which would accrue to such officer or employee under
law. Conduct and control of the work will be solely with the Grantee.
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Grantee the full
amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE
under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L &I)
Division of Insurance Services. This provision does not waive any of L &I's rights to collect from the
Grantee.
5
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
20. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local
and state and federal governments, as now or hereafter amended including, but not limited to:
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of non profit corporations Liability Limitations, RCW 4.24.264.
C. Disclosure- campaign finances lobbying, Chapter 42.17 RCW.
D. Discrimination -human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326 -02
WAC.
G. Open public meetings act, Chapter 42.30 RCW.
H. Public records act, Chapter 42.56 RCW.
I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
21. LICENSING: ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
22. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Grant.
23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS,
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further
Grants with the state. The Grantee shall, however, be given a reasonable time in which to cure this
noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth
herein.
24. POLITICAL ACTIVITIES
Political activity of Grantee employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 1508.
No funds may be used under this Grant for working for or against ballot measures or for or against
the candidacy of any person for public office.
25. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION,
The funds provided under this Grant shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such funds or any other approval or concurrence
under this Grant provided, however, that reasonable fees or bona fide technical consultant,
managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
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26. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
27. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and /or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Grant.
28. RECORDS MAINTENANCE
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The Grantee shall maintain all books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant. Grantee shall retain such records for a period of
six years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been finally
resolved.
29. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
30. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Grant shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Grant. The Grantee shall provide access
to its facilities for this purpose.
31. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten business day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
32. SEVERABILITY
If any provision of this Grant or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect
without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be
severable.
7
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
33. SUBGRANTING
The Grantee may only subgrant work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subgranting, the Grantee shall maintain written procedures related to
subgranting, as well as copies of all subgrants and records related to subgrants. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subgranting procedures as they
relate to this Grant; (b) prohibit the Grantee from subgranting with a particular person or entity; or (c)
require the Grantee to rescind or amend a subgrant.
Every subgrant shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal
conditions of this Grant. In no event shall the existence of a subgrant operate to release or reduce the
liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties.
Every subgrant shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subgrantee's performance of the subgrant.
34. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
35. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
36. TERMINATION FOR CAUSE SUSPENSION
In event COMMERCE determines that the Grantee failed to comply with any term or condition of this
Grant, COMMERCE may terminate the Grant in whole or in part upon written notice to the Grantee.
Such termination shall be deemed "for cause." Termination shall take effect on the date specified in
the notice.
In the alternative, COMMERCE upon written notice may allow the Grantee a specific period of time in
which to correct the non compliance. During the corrective action time period, COMMERCE may
suspend further payment to the Grantee in whole or in part, or may restrict the Grantee's right to
perform duties under this Grant. Failure by the Grantee to take timely corrective action shall allow
COMMERCE to terminate the Grant upon written notice to the Grantee.
"Termination for Cause" shall be deemed a "Termination for Convenience" when COMMERCE
determines that the Grantee did not fail to comply with the terms of the Grant or when COMMERCE
determines the failure was not caused by the Grantee's actions or negligence.
If the Grant is terminated for cause, the Grantee shall be liable for damages as authorized by law,
including, but not limited to, any cost difference between the original Grant and the replacement
Grant, as well as all costs associated with entering into the replacement Grant (i.e., competitive
bidding, mailing, advertising, and staff time).
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
37. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
38. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Grantee
shall:
A. Stop work under the Grant on the date, and to the extent specified, in the notice;
B. Place no further orders or subgrants for materials, services, or facilities related to the Grant;
C. Assign to COMMERCE all of the rights, title, and interest of the Grantee under the orders and
subgrants so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subgrants. Any attempt by
the Grantee to settle such claims must have the prior written approval of COMMERCE; and
D. Preserve and transfer any materials, Grant deliverables and /or COMMERCE property in the
Grantee's possession as directed by COMMERCE.
Upon termination of the Grant, COMMERCE shall pay the Grantee for any service provided by the
Grantee under the Grant prior to the date of termination. COMMERCE may withhold any amount due
as COMMERCE reasonably determines is necessary to protect COMMERCE against potential loss or
liability resulting from the termination. COMMERCE shall pay any withheld amount to the Grantee if
COMMERCE later determines that loss or liability will not occur.
The rights and remedies of COMMERCE under this section are in addition to any other rights and
remedies provided under this Grant or otherwise provided under law.
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
9
Scope of Work
Attachment A
This grant funding supports relocation and construction of Southcenter Parkway to a 5 -lane arterial
between South 180th Street and South 200th Street in Tukwila. The road construction project includes
road design and construction, and sanitary sewer design and construction.
This project began in July, 2004 and is expected to be completed by October, 2011.
The Grantee, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the Grantee's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
163
164
The Grantee, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the Grantee's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
Budget
Line item Amount
Site Acquisition $0.00
Architecture Engineering $814,913.00
Construction $14,289,251.00
Capitalized Equipment $0.00
Construction Management $2,261,815.00
Contingency $2,404,505.00
Total Contracted Amount: $19,770,484.00
Attachment B
165
166
Certification of the Availability of Funds to Complete the Project
Non -State Funds
Federal Funding (FHWA)
City Bonds
Total Non -State Funds
State Funds
2007 State Capital Budget
2005 Job /Economic Development Fund
TIB
Total State Funds
CERTIFICATION
GRANTEE
TITLE
DATE
Total Non -State and State Sources
Amount
$3,683,000.00
$4,107,484.00
$7,790,484.00
$3,980,000.00
$6,000,000.00
$2,000,000.00
$11,980,000.00
Attachment C
Total
$7,790,484.00
$11,980,000.00
$19,770,484.00
The Grantee, by its signature, certifies that project funding from sources other than those provided by this
contract and identified above has been reviewed and approved by the Grantee's governing body or board
of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in
writing and available and will remain committed and available solely and specifically for carrying out the
purposes of this Project as described in elsewhere in this contract, as of the date and year written below.
The Grantee shall maintain records sufficient to evidence that it has expended or has access to the funds
needed to complete the Project, and shall make such records available for COMMERCE'S review upon
reasonable request.
167
168
CERTIFICATION
Certification of the Payment and Reporting of Prevailing Wages
Attachment D
The Grantee, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of May 15, 2007,
including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of
Wages Paid" as required by RCW 39.12.040. The Grantee shall maintain records sufficient to evidence
compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S review
upon request.
If any state funds are used by the Grantee for the purpose of construction, applicable State Prevailing
Wages must be paid.
The Grantee, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the Grantee's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
169
170
CERTIFICATION
Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
Attachment E
The Grantee, by its signature, certifies that it will enter into the Leadership in Energy and Environmental
Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this
contract. The Grantee shall, upon receipt of LEED certification by the United States Green Building
Council, provide documentation of such certification to COMMERCE.
The Grantee, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the Grantee's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
171
172
Grant to
epartrnent of Commerce
ovatk In u tore
City of Tukwila
through
Community Economic Revitalization
Board (CERB) Program
For
Tukwila Southcenter Parkway Infrastructure Funds will be used
for capital costs related to the Tukwila Southcenter Parkway
Infrastructure project.
Start date: Upon Final Signature
Washington State Department of Commerce
www.commerce.wa.gov
Attachment 2
173
174
TABLE OF CONTENTS
Face Sheet 1
Special Terms and Conditions 2
1. Grant Management 2
2. Compensation 2
3. Certification of Funds 2
4. Prevailing Wage Law 3
5. Documentation and Security 3
6. Basis for Establishing Real Property Values for Acquisitions of Real Property 3
7. Expenditures Eligible for Reimbursement 4
8. Billing Procedures and Payment 4
9. insurance 5
10. Order of Precedence 6
11. Reduction in Funds 6
12. Ownership of Project/Capital Facilities 7
13. Change of Ownership or Use for Grantee -Owned Property 7
14. Change of Use for Leased Property 7
15. Modification to the Project Budget 7
16. Signage, Markers and Publications 8
17. Historical and Cultural Artifacts 8
18. Reappropriation 8
19. Recapture 8
20. Termination for Fraud or Misrepresentation 8
General Terms and Conditions 1
1. Definitions 1
2. Advanced Payments Prohibited 1
3. All Writings Contained Herein 1
4. Amendments 1
5. Americans with Disabilities Act (ADA) 1
6. Approval 1
7. Assignment 1
8. Attorney's Fees 2
9. Audit 2
10. Confidentiality /Safeguarding of information 3
11. Conformance 3
12. Copyright Provisions 4
13. Disputes 4
14. Duplicate Payment 5
15. Ethics /Conflicts of Interest 5
16. Governing Law and Venue 5
17. indemnification 5
18. Independent Capacity of the Grantee 5
19. Industrial insurance Coverage 5
20. Laws 6
21. Licensing, Accreditation and Registration 6
22. Limitation of Authority 6
23. Noncompliance With Nondiscrimination Laws 6
24. Political Activities 6
25. Prohibition Against Payment of Bonus or Commission 6
26. Publicity 7
27. Recapture 7
28. Records Maintenance 7
175
176
29. Registration With Department ofRevenue 7
30. Right of Inspection 7
31. Savings 7
32. 8everabi/itv 7
33. Subgranting 8
34. Survival 8
35. Taxes 8
36. Termination for Cause/Suspension 8
37. Termination for Convenience 9
38. Termination Procedures 9
39. Waiver 9
Attachment A, Scope of Work; Attachment B, Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
FACE SHEET
Washington State Department of Commerce
Local Government Division
Community Development Programs
Capital Programs Unit
1. Grantee 2. Grantee Doing Business As (optional)
City of Tukwila
6300 Southcenter Parkway
Tukwila, Washington 98188
Grant Number:
3. Grantee Representative 4. COMMERCE Representative
Lisa Verner Daniel Aarthun
Project Manager Program Manager P.O. Box 42525
2064313662 360 725 -3007 906 Columbia Street SW
360 664 -3123 Olympia, WA 98504 -2525
lverner @ci.tukwila.wa.us Dan.Aarthun @commerce.wa.gov
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$6,000,000.00 Federal: State: Other: N /A: Upon Final Signature 6/30/2011
9. Federal Funds (as applicable) Federal Agency CFDA Number
N/A N/A N/A
10. Tax ID 11.SWV# 12.UBI# 13. DUNS#
91- 6001519 N/A
14. Grant Purpose
Funds will be used for capital costs related to the Tukwila Southcenter Parkway Infrastructure project.
COMMERCE, defined as the Department of Commerce or its successor agency, and the Grantee, as defined above, acknowledge
and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year
referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other
documents incorporated by reference: Grant Terms and Conditions including Attachment "A" Scope of Work, Attachment `B"
Budget, Attachment "C" Certification of Availability of Funds to Complete the Project, Attachment "D" Certification of the
Payment and Reporting of Prevailing Wages, Attachment "E"— Certification of Intent to Enter LEED process.
FOR GRANTEE FOR COMMERCE
Jim Haggerton, Mayor
Date
Karen J. Larkin, Assistant Director
Date
APPROVED AS TO FORM ONLY
Date
177
178
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS CONTRACT, entered into by and between City of Tukwila (a unit of local government hereinafter
referred to as the Grantee), and the Washington State Department of Commerce (hereinafter referred to
as COMMERCE), WITNESSES THAT:
WHEREAS, the COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community -based
organizations; and
WHEREAS, the COMMERCE is also given the responsibility to administer state funds and
programs which are assigned to COMMERCE by the Governor or the Washington State
Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2007, Chapter 520, Section 1041,
and Laws of 2009, Chapter 497, Section 1029, made an appropriation to support the Local and
Community Projects Program, and directed COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the Grantee is eligible to receive funding
for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the "Project
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $3,980,000.00 for the capital costs necessary for or
incidental to the performance of work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS
A. The release of state funds under this contract is contingent upon the Grantee certifying that it has
expended or has access to funds from non -state sources as set forth in ATTACHMENT C
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof.
Such non -state sources may consist of a combination of any of the following:
1) Eligible Project expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
Hi) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
2
179
180
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non -state matching fund credit.
vii) In -kind contributions, subject to COMMERCE'S approval.
B. The Grantee shall maintain records sufficient to evidence that it has access to or has expended
funds from such non -state sources, and shall make such records available for COMMERCE'S
review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The Grantee is advised to consult the Industrial Statistician at the Washington Department of
Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations that
involve the expenditure of $250,000 or more in state funds. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for design only or projects that
consist of renovations to facilities leased by the Grantee are exempt from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust in favor of COMMERCE (the "Deed of Trust The Deed of Trust shall be recorded in the
County where the Project is located, and the original returned to COMMERCE after recordation
within ninety (90) days of contract execution. The Deed of Trust must be recorded before
COMMERCE will reimburse the Grantee for any Project costs. The amount secured by the Deed
of Trust shall be the amount of the grant as set forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the Grantee under this grant. Upon
satisfaction of the ten -year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the Grantee, take appropriate action to reconvey the
Deed of Trust.
C. Title Insurance. The Grantee shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
3
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
a. Grantee purchases of real property from an independent third -party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
b. Grantee purchases of real property from a subsidiary organization, such as an affiliated
LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State
commercial real estate appraiser or the prior purchase price of the property plus holding
costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The Grantee may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures in the following cost categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the Grantee for one hundred percent (100 of eligible Project
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the Grantee shall submit to COMMERCE a signed and completed Invoice
Voucher (Form A -19), that documents capitalized Project activity performed by budget line item
for the billing period.
The Grantee shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The Grantee
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the Grantee with authority to bind the Grantee.
The final voucher shall be submitted to COMMERCE within sixty (60) days following the completion of
work or other termination of this contract, or within fifteen (15) days following the end of the state
biennium unless contract funds are reappropriated by the Legislature in accordance with Section 16,
hereof.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the Grantee.
4
181
182
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be
paid by any other source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. INSURANCE
The Grantee shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
Grantee, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a
certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The Grantee shall provide insurance coverage that shall be maintained in full force and effect during
the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantees
provide adequate insurance coverage for the activities arising out of subgrants.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Grantee for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured
to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name the Grantor as beneficiary.
5
10. ORDER OF PRECEDENCE
in the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
s
B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the Grantee and the Grantee's fiscal agent as beneficiary.
C. The Grantee shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
Grantees and Local Governments that Participate in a Self- Insurance Program.
Self- Insured /Liability Pool or Self- Insured Risk Management Program With prior approval from
COMMERCE, the Grantee may provide the coverage above under a self- insured /liability pool or
self insured risk management program. In order to obtain permission from COMMERCE, the
Grantee shall provide: (1) a description of its self- insurance program, and (2) a certificate and /or
letter of coverage that outlines coverage limits and deductibles. All self-insured risk management
programs or self- insured /liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
Governments! Accounting Standards Board (GASB), 2) Financial Accounting Standards Board
(FASB), and 3) the Washington State Auditor's annual instructions for financial reporting.
Contractor's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its
agents, and employees need not be named as additional insured under a self- insured
property /liability pool, if the pool is prohibited from naming third parties as additional insured.
Grantee shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under Grantee's self insured /liability pool or self
insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E—
Design (LEED)
11. REDUCTION IN FUNDS
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Scope of Work
Budget
Certification of the Availability of Funds to Complete the Project
Certification of the Payment and Reporting of Prevailing Wages
Certification of intent to Enter the Leadership in Energy and Environmental
Certifi cation Process
In the event state funds appropriated for the work contemplated under this contract are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitations as
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
6
183
184
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
12. OWNERSHIP OF PROJECT /CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
facilities and /or equipment constructed or purchased with state funds under this contract. This
provision does not extend to claims that COMMERCE may bring against the Grantee in recapturing
funds expended in violation of this contract.
13. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY
A. The Grantee understands and agrees that any and all real property or facilities owned by the
Grantee that are acquired, constructed, or otherwise improved by the Grantee using state funds
under this contract shall be held and used by the Grantee for the purpose or purposes stated
elsewhere in this contract for a period of at least ten (10) years from the date the final payment is
made hereunder.
B. This provision shall not be construed to prohibit the Grantee from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C. In the event the Grantee is found to be out of compliance with this section, the Grantee shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture provision).
14. CHANGE OF USE FOR LEASED PROPERTY
A. The Grantee understands and agrees that any facility leased by the Grantee that is constructed,
renovated, or otherwise improved using state funds under this contract shall be used by the
Grantee for the purpose or purposes stated elsewhere in this contract for a period of at least ten
(10) years from the date the final payment is made hereunder.
B. In the event the Grantee is found to be out of compliance with this section, the Grantee shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision).
15. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this contract, the Grantee may, at its discretion, make
modifications not to exceed fifteen percent (15 of each line item in the Project Budget
(Attachment B), hereof.
B. The Grantee shall notify COMMERCE in writing when making any budget modification or
modifications that would exceed fifteen percent (15 of any budget line item. Any such request
shall require the written approval of COMMERCE, and any such modifications shall be made in
writing and signed by both parties, and attached to the Project Budget (Attachment B), hereof.
C. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
7
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
16. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this contract, the Grantee displays or circulates any communication,
publication, or donor recognition identifying the financial participants in the Project, any such
communication or publication must identify The Taxpayers of Washington State" as a participant.
17. HISTORICAL AND CULTURAL ARTIFACTS
In the event that historical or cultural artifacts are discovered at the Project site during construction,
the Grantee shall immediately stop construction and notify the local historical preservation officer and
the state historical preservation officer at the Washington State Department of Archaeology and
Historic Preservation.
18. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2011,
will lapse on that date unless specifically reappropriated by the Washington State Legislature. If
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
19. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal
laws, and /or the provisions of this Grant, COMMERCE reserves the right to recapture all funds
disbursed under the Grant, in addition to any other remedies available at law or in equity. This
provision supersedes the Recapture provision in Section 27 of the General Terms and
Conditions.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the Grantee commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to
terminate or amend this contract accordingly, including the right to recapture all funds disbursed
to the Grantee under the Grant.
8
185
186
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and /or the designee authorized in writing to
act on the Director's behalf.
8. "COMMERCE" shall mean the Department of Commerce or its successor agency.
C. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the Grantee.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subgrantee" shall mean one not an employee of the Grantee, who is performing all or part of
those services under this Grant under a separate Grant with the Grantee. The terms "subgrantee"
and "subgrantees" means subgrantee(s) in any tier.
2. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
3. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
4. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
5. AMERICANS WITH DISABILITIES ACT (ADAI OF 1990, PUBLIC LAW 101 -336, also referred to
as the "ADA' 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
6. APPROVAL
This Grant shall be subject to the written approval of COMMERCE's Authorized Representative and
shall not be binding until so approved. The Grant may be altered, amended, or waived only by a
written amendment executed by both parties.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of COMMERCE.
1
8. ATTORNEYS' FEES
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
9. AUDIT
A. General Reauirements
Grantees are to procure audit services based on the following guidelines.
The Grantee shall maintain its records and accounts so as to facilitate the audit requirement and
shall ensure that Subgrantees also maintain auditable records.
The Grantee is responsible for any audit exceptions incurred by its own organization or that of its
Subgrantees.
COMMERCE reserves the right to recover from the Grantee all disallowed costs resulting from
the audit.
As applicable, Grantee's required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing
Standards (the Revised Yellow Book) developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Grantee must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
Grantees expending $100,000 or more in total state funds in a fiscal year must have a financial
audit as defined by Government Auditing Standards (The Revised Yellow Book) and according to
Generally Accepted Auditing Standards (GAAS). The Schedule of State Financial Assistance
must be included. The schedule includes:
Grantor agency name
State program name
BARS account number
Grantor
COMMERCE Grant number
Grant award amount including amendments (total grant award)
Beginning balance
Current year revenues
Current year expenditures
Ending balance
Program total
If the Grantee is a state or local government entity, the Office of the State Auditor shall conduct
the audit. Audits of non profit organizations are to be conducted by a certified public accountant
selected by the Grantee.
The Grantee shall include the above audit requirements in any subgrants.
In any case, the Grantee's financial records must be available for review by COMMERCE.
2
187
188
GENERAL TERMS AND CONDITiONS
GENERAL GRANT
STATE FUNDS
C. Documentation Reauirements
The Grantee must send a copy of any required audit Reporting Package as described in OMB
Circular A -133, Part C, Section 320(c) no later than nine (9) months after the end of the Grantee's
fiscal year(s) to:
Department of Commerce
ATTN: Audit Review and Resolution Office
906 Columbia Street SW, Fifth Floor
PO Box 48300
Olympia WA 98504 -8300
In addition to sending a copy of the audit, when applicable, the Grantee must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
10. CONFIDENTIALITY /SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
2. All material produced by the Grantee that is designated as "confidential" by COMMERCE and
3. All personal information in the possession of the Grantee that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (H(PAA).
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law. The Grantee shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request,
the Grantee shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Grant
whenever the Grantor reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Grantee shall make the changes within the time period specified
by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Grantee against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFORMANCE
If any provision of this Grant violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
3
12. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by the Grantor. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest
in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and /or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall
have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee.
13. DISPUTES
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with COMMERCE's
Director, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Grantee's name, address, and Grant number; and
be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5)] working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
4
189
190
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
14. DUPLICATE PAYMENT
The Grantee certifies that work to be performed under this Grant does not duplicate any work to be
charged against any other Grant, subgrant, or other source.
15. ETHICS /CONFLICTS OF INTEREST
In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service
Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of
interest.
16. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
17. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, all other agencies of the state and all officers, agents and
employees of the state, from and against all claims or damages for injuries to persons or property or
death arising out of or incident to the Grantee's performance or failure to perform the Grant. The
Grantee's obligation to indemnify, defend, and hold harmless includes any claim by the Grantee's
agents, employees, representatives, or any Subgrantee or its agents, employees, or representatives.
The Grantee's obligation to indemnify, defend, and hold harmless shall not be eliminated by any
actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subgrants shall include a comprehensive indemnification clause holding harmless the Grantee,
COMMERCE, the state of Washington, its officers, employees and authorized agents.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
18. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
Grantee and its employees or agents performing under this Grant are not employees or agents of the
state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer
or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee
make any claim of right, privilege or benefit which would accrue to such officer or employee under
law. Conduct and control of the work will be solely with the Grantee.
19. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Grantee the full
amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE
under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L &l)
Division of Insurance Services. This provision does not waive any of L &I's rights to collect from the
Grantee.
5
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
20. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local
and state and federal governments, as now or hereafter amended including, but not limited to:
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (11).
B. Boards of directors or officers of non profit corporations Liability Limitations, RCW 4.24.264.
C. Disclosure- campaign finances lobbying, Chapter 42.17 RCW.
D. Discrimination -human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326 -02
WAC.
G. Open public meetings act, Chapter 42.30 RCW.
H. Public records act, Chapter 42.56 RCW.
I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
21. LICENSING. ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
22. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Grant.
23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further
Grants with the state. The Grantee shall, however, be given a reasonable time in which to cure this
noncompliance. Any dispute may resolved in accordance with the "Disputes" procedure set forth
herein.
24. POLITICAL ACTIVITIES
Political activity of Grantee employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 1508.
No funds may be used under this Grant for working for or against ballot measures or for or against
the candidacy of any person for public office.
25. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Grant shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such funds or any other approval or concurrence
under this Grant provided, however, that reasonable fees or bona fide technical consultant,
managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
6
191
192
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
26. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
27. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and /or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Grant.
28. RECORDS MAINTENANCE
The Grantee shall maintain all books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant. Grantee shall retain such records for a period of
six years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been finally
resolved.
29. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
30. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Grant shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Grant. The Grantee shall provide access
to its facilities for this purpose.
31. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten business day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
32. SEVERABILITY
If any provision of this Grant or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect
without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be
severable.
7
33. SUBGRANTING
The Grantee may only subgrant work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subgranting, the Grantee shall maintain written procedures related to
subgranting, as well as copies of all subgrants and records related to subgrants. For cause,
COMMERCE in writing may: (a) require the Grantee to amend its subgranting procedures as they
relate to this Grant; (b) prohibit the Grantee from subgranting with a particular person or entity; or (c)
require the Grantee to rescind or amend a subgrant.
Every subgrant shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal
conditions of this Grant. In no event shall the existence of a subgrant operate to release or reduce the
liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties.
Every subgrant shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subgrantee's performance of the subgrant.
34. SURVIVAL
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
35. TAXES
AU payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
36. TERMINATION FOR CAUSE SUSPENSION
In event COMMERCE determines that the Grantee failed to comply with any term or condition of this
Grant, COMMERCE may terminate the Grant in whole or in part upon written notice to the Grantee.
Such termination shall be deemed "for cause." Termination shall take effect on the date specified in
the notice.
In the alternative, COMMERCE upon written notice may allow the Grantee a specific period of time in
which to correct the non compliance. During the corrective action time period, COMMERCE may
suspend further payment to the Grantee in whole or in part, or may restrict the Grantee's right to
perform duties under this Grant. Failure by the Grantee to take timely corrective action shall allow
COMMERCE to terminate the Grant upon written notice to the Grantee.
"Termination for Cause" shall be deemed a "Termination for Convenience" when COMMERCE
determines that the Grantee did not fail to comply with the terms of the Grant or when COMMERCE
determines the failure was not caused by the Grantee's actions or negligence.
If the Grant is terminated for cause, the Grantee shall be liable for damages as authorized by law,
including, but not limited to, any cost difference between the original Grant and the replacement
Grant, as well as all costs associated with entering into the replacement Grant (i.e., competitive
bidding, mailing, advertising, and staff time).
8
193
1 94
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
37. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
38. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Grantee
shall:
A. Stop work under the Grant on the date, and to the extent specified, in the notice;
B. Place no further orders or subgrants for materials, services, or facilities related to the Grant;
C. Assign to COMMERCE all of the rights, title, and interest of the Grantee under the orders and
subgrants so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subgrants. Any attempt by
the Grantee to settle such claims must have the prior written approval of COMMERCE; and
D. Preserve and transfer any materials, Grant deliverables and /or COMMERCE property in the
Grantee's possession as directed by COMMERCE.
Upon termination of the Grant, COMMERCE shall pay the Grantee for any service provided by the
Grantee under the Grant prior to the date of termination. COMMERCE may withhold any amount due
as COMMERCE reasonably determines is necessary to protect COMMERCE against potential loss or
liability resulting from the termination. COMMERCE shall pay any withheld amount to the Grantee if
COMMERCE later determines that loss or liability will not occur.
The rights and remedies of COMMERCE under this section are in addition to any other rights and
remedies provided under this Grant or otherwise provided under law.
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
9
Scope of Work
Attachment A
This grant funding supports relocation and construction of Southcenter Parkway to a 5 -lane arterial
between South 180th Street and South 200th Street in Tukwila. The road construction project includes
road design and construction, and sanitary sewer design and construction.
This project began in July, 2004 and is expected to be completed by October, 2011.
The Grantee, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the Grantee's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
195
196
GRANTEE
TITLE
DATE
1 Site Acquisition
I Architecture Engineering
I Construction
Capitalized Equipment
I Construction Management
Contingency
Line Item
Budget
Total Contracted Amount:
Amount
$0.00
$814,913.00
$14,289,251.00
$0.00
$2,261,815.00
$2,404,505.00
$19,770,484.00
Attachment B
The Grantee, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the Grantee's governing body or board of directors, as applicable, as of the date and year
written below.
197
198
Certification of the Availability of Funds to Complete the Project
Non -State Funds
Federal Funding (FHWA)
City Bonds
Total Non -State Funds
State Funds
2007 State Capital Budget
2005 Job /Economic Development Fund
TIB
Total State Funds
CERTIFICATION
GRANTEE
TITLE
DATE
Total Non -State and State Sources
Amount
$3,683,000.00
$4,107,484.00
$7,790,484.00
$3,980,000.00
$6,000,000.00
$2,000,000.00
$11,980,000.00
Attachment C
Total
$7,790,484.00
$11,980,000.00
$19,770,484.00
The Grantee, by its signature, certifies that project funding from sources other than those provided by this
contract and identified above has been reviewed and approved by the Grantee's governing body or board
of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in
writing and available and will remain committed and available solely and specifically for carrying out the
purposes of this Project as described in elsewhere in this contract, as of the date and year written below.
The Grantee shall maintain records sufficient to evidence that it has expended or has access to the funds
needed to complete the Project, and shall make such records available for COMMERCE'S review upon
reasonable request.
199
200
CERTIFICATION
Certification of the Payment and Reporting of Prevailing Wages
Attachment D
The Grantee, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of May 15, 2007,
including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of
Wages Paid" as required by RCW 39.12.040. The Grantee shall maintain records sufficient to evidence
compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S review
upon request.
If any state funds are used by the Grantee for the purpose of construction, applicable State Prevailing
Wages must be paid.
The Grantee, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the Grantee's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
201
202
CERTIFICATION
The Grantee, by its signature, certifies that it will enter into the Leadership in Energy and Environmental
Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this
contract. The Grantee shall, upon receipt of LEED certification by the United States Green Building
Council, provide documentation of such certification to COMMERCE.
The Grantee, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the Grantee's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
Attachment E
203
204
TB Members
Commissioner Greg Fetich
Chair, Whitman County
Mayor James Irish
Vice Chair, City of La Center
Teresa Berntsen
Office of Financial Management
Councilmember Jeanne Burbidge
Cify of Federal Way
Todd Coleman, P.E,
Port of Vancouver
Councilmember Sam Crawford
Whatcom County
Kathleen Davis
WSDOT
Mark Freiberger, P.E.
City of Sedro Woolley
Councilmember William
Gothmann, P.E.
City of Spokane Valley
Secretary Paula Hammond, P.E.
WSDOT
Dick McKinley
City of Tacoma
Dave Nelson
Grant County
Heidi Stamm
HS Public Affairs
Harold Taniguchi
King County Metro Transd
Steve Thomsen, P.E.
Snohomish County
John Vodopich
City of Bonney Lake
Jay Weber
Courtly Road Administration Board
Ralph Wessels, P.E.
Bicycle Alliance of Washington
Commissioner Mike Wilson
Grays Harbor County
Stevan Gorcester
Executive Director
P.O. Box 40901
Olympia, WA 98504 -0901
Phone: 360-586-1140
Fax:360 -586 -1165
www.tib.wa.gov
Washington State
Transportation Improvement Board
March 29, 2010
Honorable Jim Haggerton
Mayor
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Dear Mayor Haggerton:
The TIB Board authorized the restoration of $2,000,000 in TIB funds from
contingency for the Southcenter Parkway Extension Project at the March 26,
2010 Board meeting.
Two copies of the Fuel Tax Distribution Agreement have been enclosed.
Sign both copies of the Fuel Tax Agreement and return them to TIB;
Once the agreement is fully executed a copy will be returned to the city for your
records.
You may now award the construction contract.
We would be happy to assist you with any questions. You can contact Greg
Armstrong, TIB Project Engineer, at (360) 586 -1142 or via e -mail at
GregA @TIB.wa.gov.
Stevan Gorcester
Executive Director
cc: Bob Giberson, Public Works Director
Gail Labanara Tukwila Accounting
Lisa Verner Tukwila Project Manager
Terri Smith, Department of Commerce CERB Program
Emily Hafford, Department of Commerce, Capital Projects
Investing in your local community
Attachment 3
RE CEIVED
ArKQ 12010
r UKNILA
(PUBLIC WORKS
205
206
1 LEAD AGENCY:
1 PROJECT NUMBER:
1 PROJECT TITLE:
PROJECT TERMINI:
1.0 PURPOSE
Washington State Transportation Improvement Board
Fuel Tax Grant Distribution Agreement
1 City of Tukwila
9- P- 116(011) -1
1 Southcenter Pkwy Extension
S 180th St to S 200th St
The Washington State Transportation Improvement Board (hereinafter referred to as
"TIB hereby grants funds for the project specified in the attached documents, and as
may be subsequently amended, subject to the terms contained herein. It is the intent of
the parties, TIB and the grant recipient, that this Agreement shall govern the use and
distribution of the grant funds through all phases of the project. Accordingly, the project
specific information shall be contained in the attachments hereto and incorporated
herein, as the project progresses through each phase.
This Agreement, together with the attachments hereto, the provisions of chapter 47.26
Revised Code of Washington, the provisions of title 479 Washington Administrative
Code, and TIB Policies, constitutes the entire agreement between the parties and
supercedes all previous written or oral agreements between the parties.
2.0 PARTIES TO AGREEMENT
The parties to this Agreement are TIB, or its successor,, and the grant recipient, or its
successor, as specified in the attachments.
3.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through
completion of each phase of the project, unless terminated sooner as provided herein.
4.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such
amendments shall not be binding unless they are in writing and signed by personnel
authorized to bind each of the parties.
5.0 ASSIGNMENT
The grant recipient shall not assign or transfer its rights, benefits, or obligations under
this Agreement without the prior written consent of TIB. The grant recipient is deemed
to consent to assignment of this Agreement by TIB to a successor entity. Such consent
shall not constitute a waiver of the grant recipient's other rights under this Agreement.
6.0 GOVERNANCE VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the
state of Washington and venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
TIB Form 190 -500
Page 1 of 3 Rev. 2/14/2003
207
208
7.0 TERMINATION
TIB Form 190 -500
Washington State Transportation Improvement Board
Fuel Tax Grant Distribution Agreement
7.1 UNILATERAL TERMINATION
Either party may terminate this Agreement upon 30 days' prior written notice to
the other party. If this Agreement is so terminated, the parties shall be liable only
for performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of termination.
7.2 TERMINATION BY MUTUAL AGREEMENT
Either party may terminate this contract in whole or in part, at any time, by mutual
agreement with a 30 calendar day written notice from one party to the other.
7.3 TERMINATION FOR CAUSE
In the event TIB determines the grant recipient has failed to comply with the
conditions of this Agreement in a timely manner, TIB has the right to suspend or
terminate this Agreement. TIB shall notify the grant recipient in writing of the
need to take corrective action. If corrective action is not taken within 30 days, the
Agreement may be terminated. TIB reserves the right to suspend all or part of
the Agreement, withhold further payments, or prohibit the grant recipient from
incurring additional obligations of funds during the investigation of the alleged
compliance breach and pending corrective action by the grant recipient or a
decision by TIB to terminate the Agreement. The grant recipient shall be liable
for damages as authorized by law including, but not limited to, repayment of
misused grant funds. The termination shall be deemed to be a Termination for
Convenience if it is determined that the grant recipient: (1) was not at fault, or (2)
failure to perform was outside of the grant recipient's control, fault or negligence.
The rights and remedies of TIB provided in this Agreement are not exclusive and
are in addition to any other rights and remedies provided by law.
7.4 TERMINATION FOR CONVENIENCE
TIB may, by ten (10) days written notice, beginning on the second day after the
mailing, terminate this Agreement, in whole or in part, because federal or state
Hands are no longer available for the purpose of meeting TIB's obligations, or for
any reason. If this Agreement is so terminated, TIB shall be liable only for
payment required under this Agreement for performance rendered or costs
incurred prior to the effective date of termination.
7.5 TERMINATION PROCEDURE
Upon receipt of notice of termination, the grant recipient shall stop work and /or
take such action as may be directed by TIB.
Page 2 of 3 Rev. 2/14/2003
By:
Washington State Transportation Improvement Board
Fuel Tax Grant Distribution Agreement
8.0 AVAILABILITY OF TIB FUNDS
The availability of Transportation Improvement Board funds is a function of Motor
Vehicle Fuel Tax collections and existing contractual obligations. The local agency shall
submit timely progress billings as project costs are incurred to enable accurate
budgeting and fund management. Failure to submit timely progress billings may result in
delayed payments or the establishment of a payment schedule.
Approved as to Form
This 14th Day of February, 2003
Rob McKenna
Attorney General
Signature on file
Elizabeth Lagerberg
Assistant Attorney General
Lead Agency Transportation Improvement Board
Signature of Chairman /Mayor Date Executive Director Date
TIB Form 190 -500
Print Name Print Name
Page 3 of 3 Rev. 2/14/2003
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210
Highline water district intertie
Water district 75 intertie
Water district #75 intertie
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND
HIGHLINE WATER DISTRICT REGARDING THE
SOUTHCENTER PARKWAY PROJECT
This Agreement "Agreement is made and entered into this day of
2010, by and between the City of Tukwila, a non charter optional, code
Washington municipal corporation "City and Highline Water District, a Washington special
purpose district municipal corporation existing pursuant to Title 57 Revised Code of Washington
("District (individually a "Party" and collectively the "Parties for the purposes set forth
below.
WHEREAS, the District has a franchise "Franchise dated December 2, 1991, from the
City which authorizes the District to construct, operate, maintain, repair and replace water mains
and facilities (collectively "Water Facilities in, under, along and through City right -of -way
pursuant to the terms and conditions of the Franchise; provided the Franchise also requires the
District at its expense to raise, lower or move its Water Facilities located in City right -of -way or
to place such Water Facilities in a location to accommodate City improvements to or work in
City right -of -way.
WHEREAS, the District presently maintains an eight (8) inch watermain and related
facilities "Existing Water Facilities in Southcenter Parkway and Frager Road as such City
right -of -way is presently constructed and aligned.
WHEREAS, the City entered into a development agreement dated June 10, 2009
"Development Agreement with La Pianta LLC, a Washington limited liability company, now
known as Segale Properties LLC "Segale which provides for the development of certain real
property known as the "Tukwila South Property" as a project known as the "Tukwila South
Project" as further described in the Development Agreement; and the Development Agreement
provides, in part, for the installation of certain street and utility infrastructure by the City and
Segale as described in the Development Agreement, and, specifically, the realignment, relocation
and extension of Southcenter Parkway located in the vicinity of the Tukwila South Property
"SCP Project
WHEREAS, the Development Agreement requires the City to prepare a final design of
the SCP Project, including utilities such as water, sewer, stormwater and other utilities necessary
to serve the Tukwila South Project and to bid and undertake the construction of the SCP Project
as a City public works project; and the Development Agreement in Section 4.3.4 requires Segale
to obtain water service from the District and to pay all costs related to the design and
construction of the water system upgrades necessary to serve the Tukwila South Project;
therefore the City now requires the District to relocate its Existing Water Facilities and construct
new water mains and facilities necessary to serve the SCP project as such facilities are described
on Exhibit A attached hereto and incorporated herein by this reference "Highline Work
401352.1 I 356659 0002
DRAFT
L RECITALS
Attachment 4
211
WHEREAS, the Highline Work includes both the relocation of the Existing Water
Facilities in Southcenter Parkway and Frager Road due to the relocation of such City right -of-
way as provided for in the Franchise (the "Franchise Work and also the design and
construction of oversized watermains with greater capacity than the Existing Water Facilities to
serve Segale's Tukwila South Project (the "Oversizing Work provided, that the District shall
pay for the cost and expense of the Franchise Work and Segale shall pay for the cost and expense
of the Oversizing Work.
WHEREAS, the Development Agreement in Section 4.3.4.1 provides that the City will
include the Highline Work in its SCP Project as a bid additive, account for and invoice the
District separately for the Highline Work and enter into an agreement with the District pursuant
to which the District will reimburse the City for the cost of the Highline Work; provided, the
Development Agreement also provides that the District shall enter into a separate agreement with
Segale pursuant to which Segale shall reimburse the District for the cost of the Oversizing Work;
provided further, the Development Agreement requires Segale to provide the City with a letter of
credit in the amount of 110% of the estimated cost of the Oversizing Work as security for
payment of those costs, and in the event that the District fails to reimburse the City pursuant to
the terms of this Agreement the City may draw upon the letter of credit as provided for in the
Development Agreement.
WHEREAS, Highline and Segale have agreed that of the final cost of the Highline Work
and associated administrative costs "Highline Work Final Cost the District is responsible to
pay fifty -one (51) per cent of the Highline Work Final Cost "Franchise Final Cost and Segale
is responsible to pay forty-nine (49) per cent of the Highline Work Final Cost "Oversizing Final
Cost
WHEREAS, the City competitively bid the construction of the SCP Project, included the
Highline Work in such project bid as a separate additive bid schedule, and the apparent lowest
responsible bidder submitted a bid for the Highline Work in the amount of One Million Three
Hundred Sixty Seven Thousand Nine Hundred Thirty Dollars and Ninety -Four Cents
($1,367,930.94), including applicable Washington State sales tax "Highline Work Bid Cost
and the District desires the City to include the Highline Work in the SCP Project and will agree
to reimburse the City for the cost of the Highline Work on the terms and conditions set forth in
this Agreement to achieve cost savings and benefits in the public's interest.
WHEREAS, the City will agree to include the Highline Work in the SCP Project on the
condition that the District reimburse the City for the cost of the Highline Work on the terms and
conditions set forth in this Agreement; and, assuming the City awards the SCP Project contract
resulting in the Highline Work Bid Cost, the City shall require Segale to provide the City with a
letter of credit as provided for in Section 4.3.4.1 of the Development Agreement in the amount of
Seven Hundred Ninety Six Thousand Two Hundred Ninety Nine Dollars and Ninety Six Cents
($796,299.96)
($737,315.00), which amount is 110% of forty -nine (49) per cent of the Highline Work Bid Cost
plus eight (8) percent construction administration costs.
2 1 2 401352.1 1 356659 1 0002
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WHEREAS, it is in the best interests of the Parties that the SCP Project work proceed as
soon as possible, provided that if the City does not award a contract for the construction of the
SCP Project by the day of 2010, the District shall reserve the right to cancel and
terminate this Agreement which in such event will have no further force and effect.
WHEREAS, pursuant to RCW 39.34.080, the Parties are authorized to enter into a
contract to provide for the performance of governmental activities and undertakings which both
Party is authorized by law to undertake and perform.
Now, therefore, in consideration of the following terms and conditions, the Parties agree
as follows:
II. AGREEMENT
2.1 General. The District authorizes the City to proceed with the construction of the
Highline Work as part of the SCP Project and agrees to reimburse the City for the cost of the
Highline Work based on the Highline Work Bid Cost on the terms and conditions set forth in this
Agreement. The City, as agent acting for and on behalf of the District, agrees to perform the
Highline Work in constructing the improvements for the SCP Project, in accordance with and as
described in Exhibit A and the Plans and Specifications attached hereto as Exhibit B which are
incorporated herein in full by this reference "Plans and Specifications provided, that if the
City fails to award a contract for the construction of the SCP Project by the day of
2010, the District shall have the right to cancel and terminate this Agreement which,
in such event, all obligations herein shall be extinguished and this Agreement shall have no
further force and effect.
2.2 Construction Plans. The Plans and Specifications for the Highline Work have
been prepared by the City's consulting engineers "Consulting Engineers generally in
accordance with the 2008 State of Washington Standard Specifications for Road, Bridge and
Municipal Construction and the District's standard specifications as provided by the District to
the Consulting Engineer. The District hereby approves the scope of work for the Highline Work
as described on Exhibit A and the Plans and Specifications for the Highline Work as set forth in
Exhibit B. The City shall invoice the District for its costs incurred from the Consulting Engineer
to prepare the Plans and Specifications on a time and materials basis. The District shall pay the
City invoice for such costs within forty five (45) days of receipt, provided the District's
obligation to pay the costs of such work shall not exceed One Hundred Sixteen Thousand Seven
Hundred Fifty Six Dollars ($116,756.00).
2.3 Bidding and Construction. The City is hereby designated as the District's
construction agent for the SCP Project.
2.4 Contract Administration. Following the award of the SCP Project contract, the
City shall administer and manage the SCP Project contract. As construction agent, the City will
perform all engineering, survey and field inspections and shall make all payments to the
Contractor. In providing such services, the City may exercise all the powers and perform all the
401352.1 3566591 0002
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213
duties as authorized by law and this Agreement. The City will keep the District advised as to the
progress of the SCP Project work. The City, as construction agent, shall have final judgment,
after consulting with the District, with regards to decisions related to the work of the Contractor.
2.5 Authority to Construct. Subject to the provisions in Section 3 herein, the
District hereby authorizes the City to proceed with construction in accordance with Exhibits A
and B for the purpose intended by this Agreement.
2.6 Inspection by District. The District shall furnish and the City shall allow an
inspector to be on the SCP Project to verify proper compliance with the requirements set forth in
the Plans and Specifications for the Highline Work. Any costs for such inspection shall be borne
solely by the District. The District's inspector shall advise the City's inspector of any deficiencies
noted in the Highline Work and the City's inspector shall promptly advise the Contractor of any
such deficiencies in the Highline Work. The City may designate the District's inspector as the
City's agent to communicate directly with the Contractor's field personnel regarding compliance
with the Plans and Specifications for the Highline Work.
2.7 Payment. The District agrees to reimburse the City for the actual direct
construction cost of all work specified in the Plans and Specifications in Exhibit B plus
additional costs itemized by invoice on a time and materials basis for an amount not to exceed
eight (8) per cent (based on the final construction cost of the Highline Work) to cover
construction administrative costs (including, but not limited to, project management,
construction administration, and inspection based on schedules of rates and charges which the
City shall provide the District at the commencement of the SCP Project work) and miscellaneous
restoration costs as described in Exhibit A that are the financial responsibility of the District
(previously referred to as the Highline Work Final Cost). Following the District's final
acceptance of the Highline Work as provided in Section 2.10 herein, the City shall invoice the
District for the Highline Work Final Cost. Following the District's receipt of the City's invoice
for the Highline Work Final Cost, the District shall pay the Highline Work Final Cost to the City
in full within forty -five (45) days of the receipt of such City invoice, except as to any disputed
costs or charges; provided, however, upon Highline's receipt of the City invoice for the Highline
Work Final Cost, Highline shall promptly invoice Segale for the Oversizing Final Cost. If Segale
fails to pay the Oversizing Final Cost to the District within twenty (20) days of Segale's receipt
of the Highline Work Final Cost invoice from the District, the District shall promptly notify the
City of Segale's failure to timely pay the District and the District shall only be required to pay the
City the Franchise Work Final Cost and shall have no further obligation or duty to pay the
Oversizing Final Cost to the City. In that event, the City shall then have the right, pursuant to the
Development Agreement, to draw upon the letter of credit as provided in Section 4.8.4 of such
agreement to recover and be reimbursed by Segale for the Oversizing Final Cost.
2.8 Changes in the Work: Extra Work. During construction, the District shall notify
the City as soon as practicable, in writing, of any changes it wishes to make in the Plans and
Specifications which affect the Highline Work, which changes shall be made if reasonably
feasible and approved by the City. Similarly, the City will notify the District as soon as
practicable of any changes required by the City in the scope of the SCP Project, or of any
2 4 401352.1 1 356659 1 0002
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changes which substantially -change the nature of the Highline Work, and will obtain the
District's approval of such changes to the Highline Work; provided, that District staff, following
notice to the District as provided herein, shall have the right to approve changes in the Plans and
Specifications which affect the Highline Work without the approval of the District Board of
Commissioners if such changes in the aggregate of the Highline Bid do not exceed five (5) per
cent of the Highline Bid; provided, however, any changes in the Plans and Specifications which
affect the Highline Work which exceed five (5) per cent of the Highline Bid shall require the
prior approval of the District Board of Commissioners. Written notification by a Party shall be
given prior to commencement of the work to implement the changes. The City shall act as the
District's agent in negotiating change orders with the Contractor. The Parties shall cooperatively
determine each Party's financial responsibility for changes in the Highline Work.
2.9 Emergencv Repairs. Prior to the City's final acceptance of the Highline Work, if
there is a need for emergency repair of the Highline Work and the City's contractor is unable to
perform such repair in a timely manner, the District shall have permission to enter upon the
City's right -of -way and complete said emergency repair. Emergency repairs are defined as work
performed by City or District forces to stabilize, remove immediate hazards or dangers by
cutting and capping water mains, and restoring immediate utility services to customers in the
area. Upon completion of any emergency repairs by the City or the District, the Parties shall
cooperatively determine each Party's financial responsibility for such emergency repairs.
2.10 Fire Flow. The District presently provides domestic water service and fire flow
for fire suppression purposes in the area of the SCP Project. However, following the
commencement of construction by the City's Contractor on the SCP Project, certain District
water mains in the area will be abandoned by the City's Contractor; in that event the District will
continue to provide domestic water service to the SCP Project area by utilizing the District's
existing water system; however, the District will no longer be able to provide sufficient fire flow
to the SCP Project area during construction of the SCP Project to meet the requirements of the
International Fire Code or other applicable statutes, ordinances, codes and regulations regarding
fire flow requirements. The City and the District own and maintain an existing intertie between
their water systems as described by an agreement entitled "Agreement for the Emergency Sale of
Water Between the City of Tukwila and Highline Water District" dated March 31, 2000 "Intertie
Agreement" and the "Intertie Therefore, the City shall be responsible to provide fire flow up to
three thousand (3,000) gallons per minute to and through the Intertie to supplement the District's
deficiency in providing fire flow to the SCP Project area during the construction of the SCP
Project, subject to the terms and conditions of the Intertie Agreement. Further, the District shall
not be required to provide emergency water to the City as described in the Intertie Agreement
during the construction of the SCP Project.
2.11 Final Acceptance. The City shall provide the District with written notice of
completion of the Highline Work, together with the Contractor's redlined as -built drawings for
the Highline Work which the .City shall require the Contractor to prepare and maintain during the
Contractor's performance of the Highline Work based on final surveyed locations of the Highline
Work. The District's inspector shall perform final inspection of the Highline Work. The District
shall, within ten (10) business days of its final inspection, provide to the City final acceptance of
401352.1135665910002
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215
the Highline Work, or alternatively, provide an itemized and detailed response as to why final
acceptance of the Highline Work cannot be given. The City shall then require the City's
Contractor to complete the Highline Work to the District's satisfaction. If the District fails to
respond to the City's notice of completion within ten (10) business days, the District will be
deemed to have given final acceptance of the Highline Work. Upon final acceptance of the
Highline Work by the District, the City shall transfer and assign its rights under the SCP Project
contract relating to the Highline Work to the District, including warranty and maintenance
obligations by the Contractor relating to the Highline Work. The District's acceptance of the
Highline Work shall not constitute acceptance of any unauthorized or defective work or
materials, nor be a waiver of any manufacturer's, supplier's or contractors' warranties. Final
acceptance of the SCP Project shall be by the City after inspection by all agencies involved.
2.12 Delivery of Water Facilities. The City agrees, within thirty (30) calendar days
from the date of final acceptance of the SCP Project work by the City, to transfer ownership of
the Highline Work to the District by bill of sale or other appropriate document(s). The City shall
forward to the District any guarantee or warranty furnished as a normal trade practice in
connection with the purchase of any equipment, materials, or items used in the construction of
the SCP Project. The City shall submit redline drawings to the District upon completion of the
SCP Project for District review and approval. The District shall retain any rights, claims or
demands the District may have against the City's Contractor relating to the District's work under
applicable statutes of limitation as a third party beneficiary under the City's contract with the
City's Contractor.
The City shall provide the District at the time the City awards a public works contract for
the SCP Project with an electronic copy of the original design for the Highline Work prepared by
the Consulting Engineer in a format as required by the District. The City shall also provide the
District with the Contractor's redlined as -built drawings for the Highline Work as referenced in
Section 2.10 above.
III. GENERAL PROVISIONS
3.1 Indemnity. Each Party agrees to protect, defend, and indemnify the other
Party, its officers, officials, employees, and agents from any and all costs, claims, claims for
delay, judgments and /or awards of damages arising out of or in any way resulting from the
Party's default, failure of performance, or negligent conduct associated with this Agreement, by
the Party, its employees, subcontractors or agents. Each Party agrees that its obligations under
this provision extend to any claim, demand, and/or cause of action brought by or on behalf of
any of its employees or agents. The foregoing indemnity is specifically and expressly intended
to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act,
RCW Title 51, as respects the other Party only, and only to the extent necessary to provide each
Party with a full and complete indemnity of claims made by the other Party's employees. The
Parties acknowledge that these provisions were specifically negotiated and agreed upon by them.
3.2 Contractor Indemnity, Insurance, Safety. The City shall require the contractor
constructing the Project to have the District, its elected and appointed officers, agents and
21 6 401352.1 1356659 1 0002
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employees named as an insured on all policies of insurance to be maintained by the Contractor(s)
under the terms of any SCP Project contract(s), with the City Contractor building the SCP
Project required to maintain Commercial General Liability Insurance, Commercial Automobile
Insurance and Workers Compensation. The Contractor shall provide the City with either a
certified copy of all policies with endorsements attached or a Certificate of Insurance with
endorsements attached as are necessary to comply with the contract specifications. The City
shall provide the District with copies of all such policies and documents upon receipt of same by
the City.
The City shall require the contractor constructing the SCP Project to indemnify, defend,
and save harmless the District and its elected and appointed officers, agents, or employees from
any claim, damage, action, liability of proceeding brought or filed against the District or its
officers, agents or employees alleging damage or injury arising out of the contractor's
participation in the SCP Project. The Contractor shall also be required to waive the Contractor's
immunity under Washington's Industrial Insurance Act, RCW Title 51, as to the District solely
for the purposes of the indemnification.
The City shall require the contractor building the SCP Project to be solely and completely
responsible for safety and safety conditions at the job site, including the safety of all persons and
property during performance of the work. The contractor shall comply with all applicable City
and State regulations, ordinances, orders and codes regarding safety. The District shall have no
responsibility as to safety and safety conditions at the job site.
3.3 Resolution of Disputes and Governing Law. This Agreement shall be
governed and construed in accordance with the laws of the State of Washington. If the Parties are
unable to settle any dispute, difference or claim arising from the Parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court
located in Kent, King County, Washington, unless the Parties agree in writing to an alternative
dispute resolution process. In any claim or lawsuit for damages arising from the Parties'
performance of this Agreement, each Party shall pay all of its legal costs and attorney's fees
incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or
award provided by law, provided, however, nothing in this paragraph shall be construed to limit
the City's or District's right to indemnification under Section 3. l of this Agreement.
3.4 Written Notice. All communications regarding this Agreement shall be sent to
the Parties at the addresses listed below, unless notified to the contrary. Any written notice
hereunder shall become effective upon the date of mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
To the City:
401352.1 J 356659 J 0002
Bob Giberson
Public Works Director
6300 Southcenter Blvd
Tukwila, WA 98188
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217
218
To the District: Matt Everett
General Manager
23828 30th Ave. S.
Kent, WA 98032
3.5 Assignment. Any assignment of this Agreement by either Party without the
written consent of the non assigning Party shall be void.
3.6 Modification. No waiver, alteration, or modification of any of the provisions for
the Agreement shall be binding unless in writing and signed by a duly authorized representative
of the City and the District.
3.7 Entire Agreement. The written provisions and terms of this Agreement
together with any attached Exhibits shall supersede all prior verbal statements of any officer or
other representative of either Party, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. This document,
including all Exhibits, is the entire Agreement between the Parties. Should any language in any
of the Exhibits to the Agreement conflict with any language contained in this Agreement, the
terms of this Agreement shall prevail.
3.8 Effective Date. This Agreement shall be effective as to all Parties on the date
set forth above "Effective Date
3.9 Interlocal Cooneration. This Agreement is entered into by the Parties pursuant
to the authority set forth in RCW 39.34.080. Nothing herein shall be construed to create a
partnership or joint venture between the Parties.
3.10 No Third Party Beneficiaries. This Agreement is made and entered into for the
sole,benefit of the Parties hereto and their successors and assigns. No other person or entity shall
have any rights under this Agreement whether by agency, a third party beneficiary or otherwise.
3.11 Recitals Incorporated by Reference. The Recitals set forth in Section I above are
incorporated herein in full by this reference.
IN WITNESS WHEREOF, this Agreement is executed by the Parties by their authorized
officers indicated below.
City of Tukwila Highline Water District
BY BY
ITS ITS
401352.1 1356659 1 0002
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ATTEST:
City CLERK, City OF TUKWILA
APPROVED AS TO FORM
Tukwila City Attorney
4013 52.1 1 356659 1 0002
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ATTEST:
APPROVED AS TO FORM
District Attorney
219
220
EXHIBIT A
SCOPE OF WORK
The Scope of Work for the Southcenter Parkway Extension Project includes furnishing and
installing approximately 10,550 linear feet of ductile iron water main, ranging in size from fl-
inch to 16 -inch in diameter, along the proposed Southcenter Parkway, generally from Sta 110 +78
to Sta 184 +74; and along S 200 St generally from Sta 14 +93 to Sta 20 +00, in accordance with
the Plans and Specifications as prepared by David Evans and Associates and referenced in
Exhibit B. Work shall also include all furnishing and installing all fittings, valves, hydrants,
services and other water system appurtenances as further described herein. In addition, work
shall include providing temporary erosion and sedimentation control, survey, traffic control,
bank run gravel for trench backfill, crushed surfacing top course, hot mix asphalt for trench patch
and overlay, and surface restoration to provide for a complete and operational water system.
401352.1 1 356659 1 0002
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221
222 401352.1135665910002
EXHIBIT B
PLANS and SPECIFICATIONS
The Plans and Specifications for the Highline Water District Southcenter Parkway Extension
Project, HWD Project No. 06 -01, shall be as prepared by David Evans and Associates, dated
February, 2010, Sheets WA01 -WA21 and applicable Specifications, and such modifications and
addenda thereto (collectively referred to in the Agreement as the Plans and Specifications for the
"Highline Work which are incorporated herein in full by this reference.
PUGET SOUND ENERGY
Exhibit "A" Project Plan
Schedule 74 Underground Conversion
Attachment 5
City of Tukwila Tukwila South Development
PSE Project Number: 105052358
March 31, 2010
Pursuant to Puget Sound Energy "PSE Rate Schedule 74 and as described in this Project Plan,
PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an
equivalent Underground Distribution System. This Project Plan describes work to be perfolnied
by PSE and the City of Tukwila (the "City for the conversion of certain PSE electrical
distribution system facilities as described herein (the "Conversion Project Construction of this
Conversion Project is contingent upon and shall not commence prior to both written acceptance
of this Project Plan and written execution of a Schedule 74 Construction Agreement by the City
and PSE.
This Project Plan includes and consists of:
Detailed description of the Construction Work to be performed
Applicable requirements, drawings and specifications for the work (attached)
Operating Rights to be obtained for the Conversion Project (attached)
Construction Work Schedule
Construction Costs Estimate Summary (attached)
Revisions to this Proiect Plan must be mutually aporoved by the City and PSE. including total
construction costs to the Government Entity listed in the Construction Cost Estimate Summary.
This Conversion Project will replace PSE's existing overhead electrical distribution system with
an Underground Distribution System within the following area (the "Conversion Area
Beginning at the northeast corner of the Southcenter Parkway and S. 180 St. intersection
(station mark 109 +00), moving south along the Southcenter Parkway/Frager Road frontage to the
terminus of this overhead system (station mark 151 +00) (this scope excludes the requested OH
facility requested to remain between station mark 127 +00 to 134 +00). Existing overhead
infrastructure exists on both the east and west frontages of the roadway and includes
transformers and services drops to both residential and industrial /commercial customers. Utility
poles along this frontage support street lighting and communications infrastructure. It should be
noted that the proposed Southcenter Parkway extension will not follow the existing Southcenter
Parkway/Frager Road alignment. The installed underground facilities are approximately 3,500
feet in length, including laterals and road crossings.
City of Tukwila
Southcenter Parkway Extension Underground Conversion
n�ne�7C0
,scope of Work
Pagel
223
The Conversion Project includes modification or replacement of all existing services lines within
the Conversion Area to connect to the Underground Distribution System and removal of PSE's
existing overhead electric distribution facilities (including PSE distribution poles and pole
mounted street lights) from the Conversion Area. Costs associated with the installation of new
underground services will be billed to the party placing the new service order per Electric Rate
Schedule 85.
There are no Government Entity Requested Upgrades or Temporary Service elements included
in the Conversion Project Scope of Work.
PSE initiated upgrades included in this project consist of: PSE is installing additional facilities
beyond those required and allowed under Schedule 74 throughout the project. These additional
facilities are identified on the PSE plan set on the vault and the Cable Conduit tables. The
additional facilities will be addressed under the Schedule 85 portion of this job.
City requested upgrades included in this project consist of: None.
Temporary Service included in this project consists of: None for Schedule 74 work.
The following portions of PSE's existing facilities to be converted are located outside of Public
Thoroughfare: The existing overhead system between PEO5 and PEO6 (Schoenbachler Property).
In conjunction with the Conversion Project, PSE will remove its existing street lighting system
within the Conversion Area. Provision of a new street lighting system within the Conversion
Area under terms of applicable PSE Tariff Schedules will be addressed on a separate work order
and work sketch. Additional costs will apply and will be quoted separately.
City Responsibilities
Responsibilities of Parties
a) Provide written notice to customers within the Conversion Area in advance of
Conversion Project Construction Work start. The notice will include contact information
for both the City and PSE, the expected Conversion Project schedule, anticipation of
service interruptions and work required to be performed by customers.
b) Coordinate other utility conversion, removal and relocation from PSE's poles.
c) Provide all surveying for equipment placement, locations, and establish all grade
elevations for the Underground Distribution System within the Conversion Area.
d) Provide all necessary excavation, bedding, backfill, off -site disposal, site restoration and
coordination for installation of the Underground Distribution System. This includes
trenching, backfill, and restoration for cut -over and transfer of existing underground
system and service lines from the existing overhead distribution system to the new
Underground Distribution System.
e) Coordinate private property trenching, excavation and restoration activity with private
property owners affected by this Conversion Project.
f) Provide flagging and traffic control as required for all work performed by the City.
City of Tukwila
2 24 Southcenter Parkway Extension Underground Conversion
105052358
Page 2
g) Install and proof all ducts and vaults for the Underground Distribution System (excluding
work in ducts or vaults containing energized cables or equipment see PSE
Responsibilities) in accordance with PSE standards and specifications using ducts and
vaults provided by PSE. "Proofing" as used herein is defined as verification using a
mandrel that the duct and vault system is free and clear of damage, installed to the proper
grade and at the proper location and contains a pulling line.
h) Provide PSE at least ten (10) business days notice prior to the start of trenching activity to
allow for delivery of PSE materials to the job site and scheduling of PSE's on -site
Inspector. Provide at least two (2) business days notice for scheduled delivery of vaults
from the manufacturer,
i) Provide secure staging and storage area(s) for duct and vault materials provided by PSE.
The City shall be responsible for the security and condition of these materials until they
are installed and accepted by PSE or returned to PSE's custody.
j) Provide labor and equipment for the off loading of PSE duct and vault materials
delivered to the job site.
k) Promptly following notice from PSE that the Underground Distribution System has been
energized, provide notice to customers within the Conversion Area informing them of
their obligation and responsibility to convert their overhead service lines to underground
service lines as provided by state law or to modify existing underground service lines for
connection to the Underground Distribution System. Affected service lines are listed in
the Service Lines section of this Project Plan.
1) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings to include all relevant parties participating in the conversion including PSE and
it's contractor(s), the City and it's contractor(s), and other utilities.
m) Provide any necessary operating rights for the installation of PSE's facilities in
accordance with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the
City. Operating rights are further addressed in the Operating Rights section of this
Project Plan.
n) Modify, reroute or replace service lines to City owned facilities to connect to the
Underground Distribution System.
o) Following notification from PSE that Construction Work is complete, provide to PSE any
Shared Government Costs as provided for in the Construction Agreement.
Puget Sound Energy Responsibilities
a) Provide all duct and vault materials, cables, electrical equipment and components
necessary for installation of the Underground Distribution System.
b) Following notice from the City, deliver or cause to be delivered all duct and vault
materials to the designated staging /storage area(s). Acknowledge delivered quantities
and condition of duct and vault materials by signing shipping manifests.
c) Following notice from the City, provide inspection services needed for overseeing the
proper installation of ducts and vaults by the City.
City of Tukwila
Southcenter Parkway Extension Underground Conversion
105052358
Page 3
225
226
d) Accept delivery of the completed duct and vault system once the new system has been
proofed (as described above) by the City. PSE will provide a mandrel to the City to be
used in proofing of the duct and vault system.
e) Provide PSE electrical workers to complete duct installation and proofing when such
work is performed at or in any energized vault containing energized cables or equipment.
f) Install (except for ducts and vaults installed by the City) and energize the Underground
Distribution System. Provide written notice to the City when the Underground
Distribution System is energized.
Perform cut -over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item "d" concerning
trenching responsibility). PSE will notify the City for excavation and the affected
customers at least two (2) business days prior to installation, transfer, and connection of
underground service lines. Affected service lines are listed in the Service Lines section
of this Project Plan.
h) Install and connect replacement underground service lines to single family residences and
connect replacement non residential underground service lines provided by customers
within the Conversion Area pursuant to PSE Tariff Schedule 85. Costs associated with
the installation of new underground services will be billed to the party placing the new
service order per Electric Rate Schedule 85. Affected service lines are listed in the
Service Lines section of this Project Plan.
i) Remove the existing overhead electric distribution system including, conductors, street
lights, equipment, down guys, anchors and poles after all service lines to customers
within the Conversion Area are connected to the Underground Distribution System and
all other utilities have been removed from PSE's poles. Holes left following removal of
poles will be filled with crushed rock and compacted in accordance with applicable City
standards or specifications.
Provide flagging and traffic control as required for all work performed by PSE (except as
may otherwise be reasonably provided by the City during installation of ducts and vaults
in conjunction with City performed trenching, excavation, back -fill and restoration).
k) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings facilitated by the City and its contractor during duct and vault installation and
while line crews are actively working the project.
g)
j)
The Underground Distribution System will be located within Public Thoroughfare except as
described in the Operating Rights Attachment. The Construction Work will not be released by
PSE for construction until i) all operating rights necessary for the installation of PSE's facilities
have been obtained and have been verified by PSE, or ii) the City otherwise signs an agreement
releasing PSE from any and all financial obligations associated with the location or relocation of
City of Tukwila
Southcenter Parkway Extension Underground Conversion
105052358
Operatine Rights
Page 4
PSE facilities resulting from commencement of construction prior to acquisition of all identified
necessary operating rights.
Construction Work Schedule
The work will be performed in accordance with the following Work Schedule, unless this
schedule is revised by mutual agreement of the City and PSE or circumstances beyond the
reasonable control of the City and/or PSE preclude such performance.
Installation of ducts and vaults: Construction to start in summer 2010.
Work Schedule Restrictions: None
Construction Cost Estimate
The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
costs are valid for 90 days from the date on the Construction Costs Estimate Summary page. If
this Project Plan and the Construction Agreement are not fully executed within 90 days, the
estimated cost is subject to revision.
Proiect Assumptions
The project design, construction plans and cost estimates are based on and reflect the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement.
Cost Assumptions
1. The Construction Work will be performed in accordance with the Construction Work
Schedule.
2. PSE's Project Manager will accept or reject (with written justification) the duct and vault
installation work performed by the City within five (5) business days notice of completion
from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written
justification), the City will perform the necessary remedial work. The City will then re-
notify PSE and PSE shall have five (5) business days to accept or reject the remedial work.
3. All PSE cables can be pulled through the ducts and vaults system to be used for the
Conversion Project utilizing normal cable pulling techniques.
4. A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and will be issued within two (2) weeks of PSE submitting a complete
permit application (including any supporting documentation reasonably required by the
City). There will be no charge for the permit or inspection fees.
5. The estimated daily productivity rate for PSE duct and vault installation is based on an
assumed availability of 300 feet of trench per working day. The daily productivity rate is
City of Tukwila
Southcenter Parkway Extension Underground Conversion
105052358
Page 5
227
228
trench per working day. The daily productivity rate is used to calculate the number of days a
PSE provided Inspector will be required. During construction, the Inspector will be
scheduled in full day increments and in one continuous effort. Changes to a continuous
schedule require a minimum of five days advance notice. Inspector time will be charged to
the project for days that are less than the five days notice. Actual Inspector time will be
trued -up to the estimated productivity rate by Change Order. Since additional PSE facilities
beyond those allowed by Schedule 74 will be installed in a common trench, total Inspector
time for the project will be allocated 20% to the Schedule 74 contract and 80% to the other
portions of the project, within the conversion area.
6. This proposal assumes the use of two flaggers, basic signage and simple channelization.
Additional traffic control measures are not included.
7. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
8. All cut -over and transfer work will be completed during regular working hours.
9. Installation of protective bollards may be necessary at some locations and may not be
included in the project design. In the event unplanned bollards are required, the associated
installation cost will be a shared cost.
10. Where noted on the plans, existing ducts, either empty or currently used, are to be utilized for
new cables. The Construction Costs Estimate assumes that such ducts are in place and
available for use to pull in new cables using the same equipment and effort as newly installed
ducts.
11. The Construction Costs Estimate assumes that guy anchors are installed prior to the
installation of the ducts in the area. Installation of guy anchors in the same area as newly
installed conduits may be subject to Change Order.
12. The labor rate assumption used in the Cost Estimate is based on 2009 rates. Any work
performed on this project during 2010 is subject to Change Order based on 2010 labor rates.
Schedule
1. There will be a total of two (2) PSE crew mobilizations as follows: i) one mobilization of an
underground line crew for installation of underground conductors and equipment; and ii) one
mobilization of an overhead line crew for removal of the existing overhead facilities. Once
mobilized PSE crews will have continuous productive work until all PSE Construction Work
is complete.
2. All PSE Construction Work will be performed during regular working hours from 7:00 AM
to 10:00 PM weekdays and 8:00 AM to 9:00 PM weekends, excluding holidays, and
excluding the intersection of S 180 St and Southcenter Parkway. In the event that lane
closures are necessary for performance of work, P SE shall be limited to working during
hours as directed by City. PSE will provide a weekly construction schedule during the
weekly meeting. Once approved, PSE crews will be allowed to complete the work as
scheduled, without changes and work stoppages caused by other construction activities.
City of Tukwila
Southcenter Parkway Extension Underground Conversion
105052358
Page 6
3. Work requiring scheduled interruption of electric service (cut -overs and transfers) will be
performed during the working hours specified in Schedule Assumption #2 above, and will be
scheduled with at least two (2) business days notice. PSE will notify customers of scheduled
service interruptions.
City of Tukwila
Southcenter Parkway Extension Underground Conversion
105052358
Additional Considerations
Service Lines
Service lines within the Conversion Area must be replaced or modified to provide underground
service from the Underground Distribution System as described in the attached Service Lines
Replacement Modification Requirements List. PSE Tariff Schedule 85 and it's associated
charges, will apply to perfouuiance of this work. The individual addresses to be converted are:
18800 Southcenter Pkwy. (M &P Company property)
**18010 Southcenter Pkwy. (Segale Properties /law office property)
Cut -overs and Transfers
PSE customers within the Conversion Area will experience interruption of electric service during
performance of the Construction Work when transferring system and customer loads from the
overhead distribution system to the Underground Distribution System. PSE will notify
customers at least two (2) business days in advance of expected service interruptions. Customers
may request that cut -over and transfer work affecting their service be performed outside the
regular working hours listed above subject to the customer's written agreement to reimburse PSE
for the additional cost (at overtime rates) to perform such work outside the regular working
hours.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately.
PSE Desien Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be perfouiied by the City have been provided to the City in
PSE's "Electric Distribution Trench/Duct/Vault Construction Standards, 2005 All relevant
PSE standard described above are attached to this Project Plan by this reference.
Page 7
229
230
Temporary Support (Holdinel of PSE Poles
Whenever any pole(s) are required to be temporarily supported due to excavation in proximity to
such poles, the City will coordinate with PSE to provide such support. The need to temporarily
support such poles shall be determined by PSE, and if required, such support shall be provided
by PSE. As used herein, "temporary support" means supporting one or more poles for a
continuous working period of ten hours or less.
Acceptance of Pro,iect Plan
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
By: By:
Its: Its:
Date: Date:
City of Tukwila
Southcenter Parkway Extension Underground Conversion
105052358
Page 8
Construction Estimate
PUGET SOUND ENERGY
Date: 3/26/2010
Project Title: Tukwila South Conversion
Project Description: Conversion of the existing overhead didtribution system along Frager Rd from South 180th St approximately
Rate Schedule:
Project Manager/ Phone
Project Engineer Phone
Municipal Liaison Mgr Phone
Project
Revision
Revision Date:
Company
Labor
Materials
Equipment
inspection
Service Provider Outside Services
Operating Rights
Overhead
Government Entity
Labor
Operating Rights
Construction Costs Totals
74
Jose Vega 425- 766 -0993
Scott t3ostrom 253 -606 -4552
Cody Olson 206 992 -3315
105052358
0
Private
Shared Costs Conversion
1 Estimate I Estimate
1$
2,000
314,600
11,000
195,900
80 „000
1
594,400
Construction Costs Estimate Summary 1'2
100% Government Entity Reimbursable Costs
Prior
Gov Reg Temporary Conv /Reloc
Upgrade Services Within 5 Years
Estimate i Estimate Estimate
3,100
500
3,600
Projected allocation of Estimated Construction Costs at Completion of Construction Work
Company 356,600
Government Entity 237,800
Total 100% GE
Reimbursable 100% PSE Construction
Costs Costs Costs Totals
Estimate 1 Estimate Estimate
of
Estimate prepared in accordance with Sections 6 8 11 of Schedule 74 Design Agreement and Section 7 of Schedule 74 Construction Agreement.
2 All amounts shown in this estimate are rounded up to the next $100
Shared Costs are allocated 40% to the Government Entity and 60% to the Companv if the Conversion Protect is completed
Total Costs excludes Govemment Entity costs of trenching, restoration, and surveying
3,600
3,600
2,000
317,700
11,000
185,900
81,400
598,000
-�5
356,600
241,400
Printed 3/29/2010 11:13 AM
232
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Attachment 6
Project Name: Tukwila South Southcenter Parkway Extension Schedule 74 Construction Agreement
Project Number: 105052358
THIS Agreement, dated as of this day of 200_, is made by and
between Puget Sound Energy, and the City of Tukwila, a Municipal Corporation (the "Government Entity
and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the "Conversion Project
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of December 1 2009 (the "Design Agreement pursuant to which the parties
completed certain engineering design, cost assessment, operating rights planning and other preliminary
work relating to the Conversion Project and, in connection with that effort, developed the Project Plan.
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G "Schedule 74 to govern the completion of the
Conversion Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74.
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Definitions.
(a)
Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following:
1) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distribution System; and
vi) Underground Service Lines.
(b) "Company- Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
Page 1
Tukwila South- Southcenter Parkway Extension Conversion Project
233
of such diameter and number as may be specified and agreed upon in the Project Plan necessary
to replicate the load- carrying capacity (system amperage class) of the overhead system being
replaced.
(c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6, below.
(g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project Plan and as changed and adjusted
from time to time in accordance with Section 6, below.
(h) "Government- Requested Upgrade" shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being replaced.
For purposes of the foregoing, any empty ducts installed at the request of the Government Entity
shall be a Government Requested Upgrade.
(i) "Party" shall mean the Company, the Government Entity, or both.
(j) "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located, as of the date determined in
accordance with Schedule 74; (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity.
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time in
accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed
description of the Work that is required to be performed by each Party and any third party, (ii) the
applicable requirements and specifications for the Work, (iii) a description of the Operating Rights
that are required to be obtained by each Party for the Conversion Project (and the requirements
and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared
Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private
Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and
Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule.
(1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii) the distribution
pole replacement costs (if any) that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
234 Page 2
Tukwila South- Southcenter Parkway Extension Conversion Project
(p)
replacement program, plus (iii) just compensation as provided by law for the Company's interests
in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to
the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated
Reimbursable Private Conversion Costs without the prior written authorization of the Government
Entity.
(n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary
Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide
Temporary Service (less salvage value of removed equipment); provided that the Reimbursable
Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs
without the prior written authorization of the Government Entity.
(o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government- Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
"Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project; provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company
Costs" shall, as and to the extent specified in the Design Agreement, include the actual,
reasonable costs to the Company for the "Design Work" performed by the Company under the
Design Agreement.
(q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company.
(r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s)
"Work" shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obligations of the Company.
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work
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Tukwila South- Southcenter Parkway Extension Conversion Project
235
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on -site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company -owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule.
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement.
3. Obliaations of the Government Entity.
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards) with the
Underground Distribution System or the installation or maintenance thereof. Any such use of the
trenches by other utilities shall be done subject to and in accordance with the joint trench design
specifications and installation drawings set forth or otherwise identified in the Project Plan, and the
Government Entity shall be responsible for the coordination of the design and installation of the
facilities of the other utilities to ensure compliance with such specifications and drawings.
(c) Upon request of the Company, the Government Entity shall provide periodic reports of the
progress of the Government Work identifying (i) the Government Work completed to date, (ii) the
Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
23 6 Page 4
Tukwila South- Southcenter Parkway Extension Conversion Project
(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4. Work Schedule.
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below.
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre- construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre mobilization requirements. Following the pre
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c)
6. Chances.
Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives) for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule.
5. Location of Facilities.
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan.
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change including, but not
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the
specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and /or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and /or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost,
Page 5
Tukwila South- Southcenter Parkway Extension Conversion Project
237
schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with
the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time
thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either
Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below.
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in
accordance with any approved Request for Change. Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party.
7. Compensation and Payment.
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows:
i) The Total Shared Costs shall be allocated to the Parties in the following percentages:
(A) sixty percent (60 to the Company, and (B) forty percent (40 to the
Government Entity.
ii) The Government Entity shall pay one hundred percent (100 of all Reimbursable
Private Conversion Costs, if any.
iii) The Government Entity shall pay one hundred percent (100 of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100 of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent (100 of the costs it incurs to
perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (Le.,
Trenching and Restoration and surveying).
vi) The Company shall pay one hundred percent (100 of the costs it incurs to design,
provide and construct any Company- Initiated Upgrade.
vii) The Company shall pay one hundred percent (100 of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement (the "Net Amount The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows:
i) Subtracting (as a credit to the Government Entity) the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive
number, and (B) shall be an amount payable to the Government Entity if it is a negative number.
238 Page 6
Tukwila South- Southcenter Parkway Extension Conversion Project
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the "Government
Itemization together with such documentation and information as the Company may reasonably
request to verify the Government Itemization. The Government Itemization shall, at a minimum,
break down the Shared Government Costs by the following categories, as applicable: (i) property
and related costs incurred and /or paid by the Government Entity, including any costs of obtaining
Operating Rights, and (ii) construction costs incurred and /or paid by the Government Entity,
including and listing separately inspection, labor, materials and equipment, overhead and all costs
charged by any agent, contractor or subcontractor of the Government Entity.
(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement (the "Company Statement showing (1) an itemization of the Shared Company
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the Company Statement.
(f) The maximum amount to be paid by the Government Entity is capped at $241,400, absent a
mutually agreed upon change order.
8. Indemnification.
(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement. During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
Page 7
Tukwila South- Southcenter Parkway Extension Conversion Project
239
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from overhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons' and entities' Underground Service Lines to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in RCW 35.96.050.
10. Dispute Resolution.
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the
other Party in writing as to the nature of the dispute. Each Party shall appoint a representative
who shall be responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior management of the Parties for resolution. In the
event the senior management are unable to resolve the dispute within twenty (20) business days
(or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys' fees) by the other Party.
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
240 Page 8
Tukwila South- Southcenter Parkway Extension Conversion Project
11. Uncontrollable Forces.
In the event that either Party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a "Force Majeure Event then that Party's
performance shall be excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third
party; or any failure or delay in the performance by the other Party, or a third party who is not an
employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The Parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
12. insurance.
(a)
PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the
duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of $1,000,000 per
occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/
aggregate for property damages, and professional liability insurance in the amount of $1,000,000.
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as specified Section 12(a), above.
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self insurance.
13. Other.
(a) Agreement Subiect To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15.000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
Page 9
Tukwila South- Southcenter Parkway Extension Conversion Project
241
(d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis 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.
(f) Independent Contractor. The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of Riahts or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries. There are no third -party beneficiaries of this Agreement. Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
Governmental Authority. This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are by
this reference incorporated in this Agreement.
0) No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severabilitv. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
(i)
242 Page 10
Tukwila South- Southcenter Parkway Extension Conversion Project
(1)
Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and
stamped with the required postage, to the intended recipient as follows:
If to the Government Entity:
If to the Company:
Government Entity: Company:
Approved as to form:
Page 11
Tukwila South- Southcenter Parkway Extension Conversion Project
City of Tukwila
6300 Southcenter Blvd
Tukwila. WA 98188
Attn: Lisa Verner
Fax: 206 -431 -3665
Puget Sound Energy, Inc.
6905 SE 228 Street
Kent. WA 98032
Attn: Cody Olson
Fax: 253 395 -6820
Any Party may change its address specified in this Section 13(1) by giving the other Party notice of
such change in accordance with this Section 13(1).
(m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
written or oral, with respect to the subject matter of this Agreement are hereby superseded in their
entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(o) Successors and Assians. This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
BY BY
ITS ITS
Date Signed Date Signed
PUGET SOUND ENERGY, INC.
243
PLIGh SOUND ENERGY
Company
Labor
Materials
Equipment
Inspection
Service Provider Outside Services
Operating Rights
Overhead
Government Entity
Labor
Operating Rights
Construction Estimate
Date: 3/26/2010
Project Title: Tukwila South Conversion
Project Description: Conversion of the existing overhead didtribution system along Frager Rd from South 180th St approximately
Rate Schedule:
Project Manager! Phone
Project Engineer/ Phone
Municipal Liaison Mgr Phone
Project
Revision
Revision Date:
Construction Costs Totals"
74
Jose Vega 425 766 -0993
Scott Bostrom 253. 606 -4552
Cody Olson 206- 992 -3315
105052358
0
Private
Shared Costs Conversion
Estimate Estimate
2,000
314,600
11,000
185,900
80,900
594,400 3,600
Construction Cilsts Estimate Summary 1,2
100% Government Entity Reimbursable Costs
Prior
Gov Req Temporary Conv /Reloc
Upgrade Services Within 5 Years
Estimate Estimate j Estimate 1
Projected allocation of Estimated Construction Costs at Completion of Construction Work
Company 356,600
Government Entity 237,800
ote
Estimate prepared in accordance with Sections 6 11 of Schedule 74 Design Agreement and Section 7 of Schedule 74 Construction Agreement.
2 All amounts shown In this estimate are rounded up to the next $100
Shared Costs are allocated 40% to the Government Entity and 60% to the Company if the Conversion Proiect Is completed
4 Total Costs excludes Government Entity costs of trenching, restoration, and surveying
3,600
Total 100% GE
Reimbursable
Costs
Estimate
3,600 1
100% PSE
Costs
Estimate
Construction
Costs Totals
Estimate
2,000
317,700
11,000
185,900
81,400
596,000
356,600
241,400
Printed 3/29/2010 11:13 AM
AIM
WT Washington State
I Department of Transportation
Supplemental Agreement
Number 1
Original Agreement Number
Project Number
DOT Form 140 -063 EF
Revised 9/2005
10-038
84 -RW37
The Local Agency of the City of Tukwila
desires to supplement the agreement entered into with
Section -4-, SCOPE OF WORK, is hereby changed to fead:
sdd the Scope of Work detailed in the attached Exhibit A -1, Supplemental No 1
By: KR A INC.
tiftit\i/Le
Organization and Address
KBA, Inc.
11000 Main Street
Bellevue, WA 98004
Attachment 7
Phone: 425- 455 -9720
Execution Date Completion Date
3/12/2010 4/1/2012
New Maximum Amount Payable
2,523,950.00
Project Title
Southcenter Parkway Extension
Description of Work
To provide full Construction Management and Design Support Services to the City of Tukwila.
To change the name of the Project from Southcenter Parkway Extension Construction Management
Services to Southcenter Parkway Extension Construction Management and Design Support Services.
To add subconsultants with the attached Exhibit G, Exhibit G -1 and applicable Exhibit G -3 for each sub.
KBA, Inc.
and executed on 3/12/2010 and identified as Agreement No. 10 -038
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
1
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: Nn rhanoP
111
Section V, PAYMENT, shall be amended as follows:
The total amount authorized to he added to the Agreement via this supplemental is R7,4RR 95(1 00 as set forth in the
attached Exhibit F. -1, Supplemental No 1_
cc oat #3rth ir. attachcd Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
By: CITY OF TT iKWTLA
Consultant� Approving Authority Signature
Date
245
246
KBA, Inc. April 1, 2010
EXHIBIT A -1
Supplement 1
SCOPE OF SERVICES
Construction Management and Design Support Services
Construction Phase
for
Southcenter Parkway Extension
City Project No. 84 -RW37
KBA, Inc. (Consultant), along with subconsultants, Anchor QEA, David Evans Associates, Inc.,
Envirolssues, Inc., and HWA GeoSciences, will provide Construction Management (CM) services to the
City of Tukwila (Client), for the Project known as Southcenter Parkway Extension. These services will
include consultation, contract administration, field observation, documentation, and material testing, as
required during the construction of the Project, as detailed below. These services are an extension of the
Preconstruction Services authorized under the original LAG Agreement.
Project Description: Construction of approximately 7,400 linear feet of Southcenter Parkway from S.
180th Street to S. 200th Street and the construction of approximately 3,000 linear feet of new sewer and
water from Minkler Boulevard to S 180th Street. Items of work include, but are not limited to, building
demolition, grading, paving, HMA overlay, curb, gutter, sidewalks, storm drain system, sewer system,
sewer lift station, water system, signals, illumination, landscaping, irrigation, retaining walls, and other
work.
I. CONSTRUCTION MANAGEMENT SERVICES
A. Project Management
1. Continue to provide overall project management, coordination with the Client, monthly
progress reports, and invoicing, in accordance with the original scope.
6. Preconstruction Services
8. The original Task 6.8, Establish Field Office, is revised to read:
Establish Field Office, including securing lease for the entire duration of the construction
project, plus closeout; computer server, and ancillary equipment and cabling; phones;
furniture and other office equipment; copier /scanner; and other items needed for these; and
all necessary utilities.
The Contractor will provide equipment, at no cost to Consultant, as listed in Addendum 4 of
the Bid Documents, including but not limited to 4 laptop computers, color printer, 3 digital
cameras, as described in Addendum 4.
9. The original Task B.9, Document Control, is supplemented with the following:
The following number of SharePoint seat licenses will be provided:
Client: 4
Contractor: 3
Designer: 3
Other (TBD1: 1
Total: 11
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1 of 7
247
248
KBA, Inc. April 1, 2010
10. The original Task B.10, Public Outreach, is revised to read:
Public Outreach. Assist the Client in developing a public outreach plan and materials:
a. Prepare a Public Outreach Plan outlining communication and roles, protocols and
responsibilities. Define communication avenues and media relations. This document to
be prepared by Envirolssues, Inc. (Subconsultant to KBA).
b. Groundbreaking and Ribbon Cutting. Assist the Client in the planning and execution of
a groundbreaking and ribbon cutting event. Client to provide all facilities (chairs, public
address system, food, tents, etc.) for the event. Consultant to provide souvenir(s) for the
ground breaking ceremony.
c. Construction business cards. Envirolssues, Inc. will develop business cards with
project website address and hotline number. The Client will provide the website address.
Business cards will be used to hand out to property owners, tenants, and other
stakeholders.
C. Construction Services Contract Administration New Task
1. Liaison with the Client, construction contractor, designer, appropriate agencies, property
owners, and utilities.
2. Provide the Client with brief monthly construction progress reports, highlighting progress
and advising of issues which are likely to impact cost, schedule, or quality /scope.
3. Schedule Review.
a. Review construction contractor's schedule and updates for compliance with Contract
Documents.
b. Monitor the construction contractor's conformance to schedule and require revised
schedules when needed. Advise Client of schedule changes as part of monthly
construction progress report.
c. Verify as -built schedule, using information from daily construction reports and other
information.
4. Progress meetings. Lead regular (usually weekly) progress meetings with the construction
contractor, including Client pre briefing, and prepare weekly meeting agenda and meeting
notes, and distribute copies to attendees. Track outstanding issues on a weekly basis.
5. Update CM Plan as needed to reflect changes in policy and /or procedure that occur during
the Project, and orient CM Team to the changes.
6. Manage Submittal Process. Track and review, or cause to be reviewed by other
appropriate party, work plans, shop drawings, samples, test reports, and other data submitted
by the construction contractor, for general conformance to the Contract Documents.
7. Record of Materials. Provide Record of Materials indicating anticipated material approvals,
material compliance documentation, and materials testing requirements. Maintain records of
material compliance documentation received, and advise of any known deficiencies. Initial
Record of Materials to be provided by WSDOT, through the Client.
8. Manage RFI (request for information) process. Track and review /evaluate, or cause to be
reviewed and /or evaluated by other appropriate party, RFIs. Manage responses to RFIs.
9. Change Management. Evaluate entitlement, and prepare scope, impact, and independent
estimate for change orders. Facilitate resolution of change orders.
10. Monthly Pay Requests. Prepare monthly requests for payment and /or review payment
requests submitted by the construction contractor. Review with Client and construction
contractor, and recommend approval, as appropriate. This project utilizes unit price as well
$1 P RyCds1Contract alent aukwila\10005 Soulnc enterPe rkweyE0 Negobagan0.e .nMsW JwuseDratlslS uppt F utfCMIEx _A- 1- Scope) FINAL)SCPW_2 010401 4oa
2 of 7
KBA, Inc. April 1, 2010
as cost loaded items. A resource loaded schedule will be provided to support the monthly
pay request.
11. Assist the Client in preparation of applications for the following permits which are deemed
necessary for construction and which were not obtained during the design phase of the
Project.
12. Assist the Client in the investigation of malfunctions or failures during construction.
13. Public Outreach.
a. One -on -one property owner contact to be performed jointly by the Consultant and the
Client. The Consultant will generate a matrix of property owner issues.
b. Provide information for Client to prepare media communications and public notices on
Project status. Provide information for Client's inclusion into a Project website and /or
newsletters. Client to provide web design and hosting services.
c. Construction Hotline. Provide and maintain project hotline during the course of
construction. Envirolssues, Inc. will setup and monitor a construction hotline, log calls,
maintain a communication log, and coordinate with the Consultant to provide responses.
14. Record drawing review. Review not less than monthly, the construction contractor's redline
set of contract plans. Maintain a CM Team set of conformed drawings, tracking plan
changes, location of discovered anomalies, and other items, as encountered by the CM team.
Use these markups to check the progress of the Contractor prepared Record Drawings.
15. Document Control. Collect, organize, and prepare documentation on the Project. One hard
copy of files will be kept in the project field office.
16. Operations and Maintenance (O&M) Manual. Provide O &M Manuals to the Client for the
sanitary sewer lift station and irrigation system.
17. Project Closeout. Prepare Certificates of Substantial (including punch list), Physical, and
Final Completion. Prepare final pay estimate.
18. Final Records. Compile and convey final project records, transferring to the Client for
archiving at final acceptance of the Project. Records will consist of hard copy originals, and
electronic records on CD /DVD.
Deliverables
Monthly Construction Progress Reports
Schedule review comments
Meeting agendas and notes
Submittal log
Record of Materials
RFllog
Change Order(s)
Progress pay requests
Public outreach plan
Operations and Maintenance Manuals for lift station and irrigation system
Certificates of Completion and punch list(s)
Final records hard copy and electronic
Access to SharePoint document control system up to 11 seat licenses
D. Construction Services Field New Task
1. Observe the technical conduct of the construction, including providing day -to -day contact
with the construction contractor, Client, utilities, and other stakeholders, and monitor for
adherence to the Contract Documents. The Consultant's personnel will act in accordance
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with Sections 1 -05.1 and 1 -05.2 of the Standard Specifications. Note: Consultant shall
breakout the billing costs for CM, design, and related services for the Highline Water
Reimbursement separately in each monthly invoice.
2. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes, and notify construction contractor of noncompliance.
Advise the Client of any non conforming work observed during site visits.
3. Prepare daily construction reports, recording the construction contractor's operations as
actually observed by the Consultant; includes quantities of work placed that day, contractor's
equipment and crews, and other pertinent information.
4. Interpret Contract Documents, in coordination with Designer.
5. Decide questions which may arise as to the quality and acceptability of material furnished,
work performed, and rate of progress of work performed by the construction contractor.
6. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable.
8. Perform general observation of Southcenter Parkway Extension project work to be performed
by others for compliance with permit requirements. Provide weekly report of TESC and
other permit requirements to Client.
9. Prepare field records and documents to help assure the Project is administered in
accordance with funding agency requirements.
10. Attend and actively participate in regular on -site meetings.
11. Take periodic digital photographs during the course of construction. All necessary
photographs to be labeled and organized as detailed in the CM Plan.
12. Punch list. Upon substantial completion of work, coordinate with the Client and affected
agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final
inspection with those agencies. Follow up on outstanding punch list work.
13. Materials Testing. Conduct or cause to be conducted, materials and laboratory tests.
Coordinate the work of the Field Representative(s) and testing laboratories in the observation
and testing of materials used in the construction; document and evaluate results of testing;
and inform Client and construction contractor of deficiencies.
Deliverables
Daily Construction Reports with project photos submitted on a weekly basis
Weekly TESC Permit Reports
Punch List, Certificate of Substantial Completion
Test reports
E. Assumptions
The following Assumptions are added to this Agreement. The Assumptions listed in part I.0 of
the original Agreement will continue to apply, as well, except as revised below.
1. Budget
a. Revise Assumption C.1.c in the original agreement to say costs are based on an 18-
month lease (rather than 20 -month lease)
b. A certain amount of overtime has been figured into the budget to use, if needed, during
peak construction activities.
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c. The work is anticipated to be performed during daytime hours. Should night work be
necessary, a 15 percent premium for labor will be applied to all hours that Consultant
employees work between 7 pm and 7 am.
d. Consultant services are budgeted from March 1. 2010 through December 31. 2011, and
the budget is based on a 550- calendar day construction contract, plus time allotted for
project setup and closeout. Should further services and /or additional level of effort be
required, or should the construction contract run longer than this time period, the Client
and Consultant will negotiate a supplement to this Agreement.
e. Consultant will invoice, and be reimbursed as a direct cost under Exhibit D -2. Payment
(Cost Plus a Fixed Fee). Section A.3, State and Local B &O taxes as assessed to KBA for
the total amount of the budget paid to Subconsultants, This amount will be calculated at
Consultant's B &O tax rate assessed at the time services are performed (currently
1.517952 as a percentage of the total Subconsultant charges billed in each invoice.
2. Items and Services Client will provide:
a. Revise Assumption C.2.a in the original agreement to add that Client will also provide
meeting arrangements and facilities for groundbreaking and ribbon cutting event.
3. Scope
Revise Assumption C.3.e in the original agreement to read:
Notwithstanding the fact that the Designer of Record (DEA) is a subconsultant to
Consultant under this Agreement, Consultant is not responsible for any costs, claims, or
judgments arising from or in any way connected with errors, omissions, conflicts or
ambiguities in the Contract Documents prepared by others, including DEA. The
Consultant does not have responsibility for the professional quality or technical adequacy
or accuracy of the design plans or specifications, nor for their timely completion by
others.
b. Consultant will provide observation services for the days /hours that their inspectors)
personnel is /are on -site. The Inspector(s) will not be able to observe or report
construction activities, or collect documentation, during the time they are not on -site.
c. The Consultant's monitoring of the construction contractor's activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non conforming work, and pursue the
other remedies in the interests of the Client, as detailed in the Contract Documents. The
Consultant cannot guarantee the construction contractor's performance, and it is
understood that Consultant shall assume no responsibility for: proper construction
means, methods, techniques; project site safety, safety precautions or programs; or for
the failure of any other entity to perform its work in accordance with laws, contracts,
regulations, or Client's expectations.
d. Definitions and Roles. The use of the term "inspect" is synonymous with "construction
observation, and reference to the "inspector" role is synonymous with "Field
Representative and means: performing on -site observations of the progress and quality
of the work and determining, in general, if the work is being performed in conformance
with the Contract Documents; and notifying the Client if, in their opinion, work does not
conform to the Contract Documents or requires special inspection or testing. Where
"Specialty Inspector" or "specialty inspection" is used, it refers to the detailed inspection
and sign -off required by codes and regulations, such as electrical or welding inspection.
e. Because of the prior use of the Project site, there is a possibility of the presence of toxic
or hazardous materials. Consultant shall have no responsibility for the discovery,
presence, handling, removal or disposal of toxic or hazardous materials, or for exposure
of persons to toxic or hazardous materials, in any form at the Project site, including but
not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic
a.
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substances. If the Consultant suspects the presence of hazardous materials, they will
notify the Client immediately for resolution.
II. DESIGN SUPPORT DURING CONSTRUCTION
Design support during construction is separate from Construction Management services, and
will be shown separately on monthly invoices. The intent of this work will be to provide
traditional support services for the Engineer of Record during the Construction phase.
A. Design Support During Construction New Task
David Evans Associates, Inc. (DEA) will provide support services for the Project, if and when
requested by the Consultant. Some services listed below may be provided by subconsultants
working under the direction of DEA. These services include:
1. Provide monthly invoices and progress reports.
2. Attend weekly coordination meetings during construction period, as requested.
3. Assist in interpretation of the Contract Documents.
4. Review contractor submittals.
5. Provide response to contractor Requests for Information (RFI).
6. Review Change Order Proposals.
7. Collect Record Drawing markups from Contractor and Consultant, review for completeness,
and prepare record drawings.
8. Provide geotechnical support during construction, which will include:
a. Response to RFIs
b. Observe roadway and culvert subgrade, embankment construction, on an on -call basis
c. Review settlement readings on a weekly basis
d. Review dewatering design and monitoring for utility construction
e. Review shoring design
9. Survey Volume Checks for pre Sub Grade and Post Subgrade. DEA will provide the
necessary professional surveying services to perform the field and office survey necessary to
prepare excavation volume calculations for pre sub grade excavations and sub grade fill.
DEA will use RVS as a means to collect data for the purpose of verifying volume quantities
for the new Southcenter Parkway Extension from S. 180th Street to S. 200th Street.
10. Survey Quality Control. DEA will provide necessary professional surveying services to
perform the field and office surveying necessary to verify construction activities during the
course of the Project.
Deliverables include:
1 Copy of 22 "x34" signed mylar record drawings
Electronic copy of record drawings in PDF format
Survey data to demonstrate the volume of excavation and embankment
S. 1Projeds\Conlracls\CIen11Tukwila 10005 SouthenlerParkwayEx110raas8 NepoeahanRecardan- houaeDnhs1Suppl Fu0CM1E, A.1.Scope(FINAI)SCPW 2010 /0l docc
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III. OPTIONAL SERVICES
All services not detailed above, are considered Optional Services, which, along with any other Extra Work
requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement
is executed, specifying scope of services and budget. Potential Optional Services include:
A. Re- staking and /or changes to the one -time control and construction staking, as design changes
or stakes or monuments are interfered with by construction contractor.
B. Prepare record of survey and right of way plans. DEA to perform the necessary professional
surveying services to perform the field and office survey necessary to perform the following tasks:
1. Re- establish horizontal control to perform as- constructed survey of the centerline alignment
of the roadway improvements.
2. Set PK nail, straddles, and punch center of monument at each Right -of -Way centerline
alignment PC, PT, and roadway intersection(s).
3. Prepare a Record of Survey for the centerline alignment and record of monuments for the
Southcenter Parkway Extension project.
4. Prepare a base map and final Right -of -Way plan set, according to WSDOT standards.
C. Public Involvement support:
1. Coordinate media releases and traffic advisory updates.
2. Develop and maintain Project website, updating Project progress monthly.
3. Provide periodic notification newsletters to affected property owners on upcoming work, and
include contact numbers.
D. Provide additional seat license(s) to the SharePoint Document Control system, at a rate of $150
per seat license.
E. Provide material, including souvenir item(s), for ground breaking and ribbon cutting events.
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I Direct Salary Cost
Overhead
(Including Payroll Additives)
1 Direct Non-Salary Costs
I Subconsultants B&O Tax
Fixed Fee
Total
Exhibit E-1, Supplemental No. 1
Summary of Payments CPFF
Basic Agreement
$13,149.10
$17,556.68
349.49
0.00
3,944.73
$35,000.00
Supplement #1 Total
590,175.02 603,324.12
788,001.69 805,558.37
109,439.29 1 109,788.78
824,281.50 I 824,281.50
177,052.51 1 180,997.24
$2,488,950.00 I $2,523,950.00
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PROJECT: Southcenter Parkway Extension
DIRECT SALARY COST (DSC):
2010 Classification Est. Hours Est. Rates Est. Cost
Project Manager 388 x $69.50 26,966.00
Project Advisor (RRT) 10 x $77.00 770.00
Resident Engineer 1,709 x $40.00 68,360.00
Assistant Resident Engineer 1,498 x $42.70 63,964.60
Office Engineer 1,382 x $31.30 43,256.60
Inspector 1,426 x $35.00 49,910.00
Inspector 0 x $35.00
Document Controls 320 x $26.00 8,320.00
Scheduler 160 x $76.50 12,240.00
Contract Specialist 9 x $34.00 306.00
TOTAL 2010 DSC 6,902
2011 Classification
Project Manager 378 x $72.98 27,586.44
Project Advisor (RRT) 10 x $80.85 808.50
Resident Engineer 2,136 x $42.00 89,712.00
Assistant Resident Engineer 1,814 x $44.84 81,339.76
Office Engineer 1,891 x $32.87 62,157.17
Inspector 1,121 x $36.75 41,196.75
Inspector 0 x $36.75
Document Controls 0 x $27.30
Scheduler 160 x $80.33 12,852.80
Contract Specialist 12 x $35.70 428.40
TOTAL 2011 DSC 7,522
TOTAL DSC (2010 to 2011)
OVERHEAD (OH COST including Salary Additives)
DSC x OH of
FIXED FEE (FF):
DSC (only) x FF Rate of
REIMBURSABLES:
Vehicles, Mileage, Reproduction, Postage, Misc.
EXHIBIT E -1, Supplemental No. 1
CONSULTANT FEE DETERMINATION SUMMARY SHEET
(COST PLUS FIXED FEE)
KBA PROJECT #10005
14,424
133.52% x 590,175.02
30.0% x 590,1 75.02
Fee Determination Summary Sheet
Southcenter Parkway Extension
S:\ Projects\ Contracts \Client\Tukwi Iat10005_SouthcenterParkwayExt\ Drafts &NegotiationRecord s \In- houseDrafts \S upp 1 _FuIICM \Ex_E-
1_FeeSummary(FINAL)20100401.x
274,093.20
316,081.82
590,175.02
788,001.69
177,052.51
109,439.29
255
256
SUBCONSULTANT COSTS (See Exhibit G)
Anchor QEA
DEA, Inc.
DEA CM Services
DEA- Design Support
Envirolssues
HWA GeoSciences
State B &O Tax on Subconsultants 1.5
Subconsultant Total
Original Contract Amount
Total Contract Amount
Design Support Services During Construction
Effective Construction Management Amount Total Contract
PREPARED BY: Mike Roberts, P.E. Date: April 1, 2010
111,300.00
215,200.00
Fee Determination Summary Sheet
Southcenter Parkway Extension
359,600.00
326,500.00
20,000.00
106,000.00
12,181.50
GRAND TOTAL Supplement 1 $2,488,950.00
S: \Projects \Contracts\ Client\ Tukwila \10005_SouthcenterParkwayExt\ Drafts &NegotiationRecords \In hou seDraftstSupp 1_FuIICM\Ex_E-
1 _FeeSummary(FINAL)20100401.xlsx
824,281.50
35,000.00
$2,523,950.00
215,200.00
$2,308,750.00
I KBA LABOR HOURS
7106
PNlacl Manager
PrOR6lAdvlSW (RR0I
8 65856601&gamer
A$5ls140 Resien Engineer
01146 Engineer
I56pecdl
InspeOlor
Oacumerd Controls
Scheduler
Convect Specl4OSt
ff
liolsls
I COMOINEO COST CURVE
1 COST OF SUBCONSUCTAN7S
CPFF
Onlnmanernrl April 2010
PRE•CONSTRUCRON
Project Name: Southcenter Parkway Extension CM and Design Support Services
KBA Project No. 10005
Budget Estimate Supp. No. 1
EXHIBIT E -1
Supplemental No. 1
01050•43117...,'
00151 Ma 1010 1010 10 W 10 1010 2010 2010 0 10 T 30OIO10 e Jon Fe0 Ma
A4.
Hems ]DID 2.00 N+Y Jun jig Sep
6ep 7011 °4 01/ Ox TOMB 72 AIS
May
7011
2011
2011 7011 2011
766 00 1000 800 97.00 18,00 4600 7300 32.00 200 3000 3202 7700 381.00 72.00 32,00 ]3.00 1E 00 ]7.00 37.00 7011 7011 8551 1011 Ileum Ileum 1.00 1.00 222 2.00 1000 7017 3100 ]2.00 ]200 12 00 26.00 370501 76600
3,81500 10.00 195.00 160.00 100.00 .19].00 10600 140.00 70100' 1]8.00 11].00 1,70950 17100 1]7,00 19/10 186011 18150 2.00 1011 ]2.00 7011
100 2
7,311.00 4000 152.20 16000. 197.00 18600 78800 SOl00 15800 78300 2197 17900 17500 191.00 180.00 191.00 191.00 197,050 1 140.00 19550 157.00 moo 2.130600 10001 3,0460 D
3,27300 6.00 4000 15200 16600 176.00 16900 16800 16100 14400 17600 1,38220 70600 18000 17600 16800 17600 1)600 176.00 185.00 1 9504 8000 d0 7 3,71)00
2,517,00 120.00 10500 197.00 18500 16600 204,00' 158.00 16300 617600 170.00 77700 00400 10600 194.00 191,00 16900 168.00 195.00 80.00 8000 1,88100 7,21]22
1,121001 2.54).001
1
710•m' 00.00 13100 13100 50.00 8000
710.00 770.00
1650
1
3100 71.00 16.00 1604 1600 16.00 16.00 18.00 16.00 16600 1607 1600 16000 7)0001
11.00 7.89 1 .00 1,00 100 109 70600 1600 16.00 16,00 1600 1600 1600 11.00 7 1100
100 1.00 1.00 1.00 900 1.00 1.00 100 1.00 1.00 100 100
11,131.00 54,55 474.00 11600 111.00 606.00 185.60 76100 10.00 611.05 716.00 1,102.05 751.00 000.00 65760 774.00 40705 111.00 1 W 1.00 1.04 100 7,00
S 1ProJSClsIC0n lr4NS5C40M17ukw5a170005_Sa.,. EalOraA 4 N 9 9 00 eb 0 nfie7Or353fl .005500,alMl3uppl FUIICMIEK E- 1 _eud9el(FINAL1,7010401 Kiss
Prepared by Mole Ruben
615.60 595.00 553.00 521.00 320.50 15102 7,522 01414001
I COST OF DIRECT EXPENSES
Total Mx Apr MaT Jun Jul
Pup Sep Oct I49v Dee 1 3854.1 Jan Feb Mu
00,250 1010 )010 2010 2010 2010 2010 2010 2010 1010 3010 )0 10 i 3011 Ma 111^ Jul A6q Sep 0
F 2011 Nov Dec 1 701+1[ i01total MW Ol6ce 1 7051 ]011 20H poll 7011 3011 7011
35,10000 1,100.00 1,700.00 1.100.00 1100.00 1,300.00 1,100.00 1,700.00 1,700.00 1.100.00 1!,100.80 1,700.00 1150 00 1.700.00 1,700.00 1.70000 1.70022 1.100 00 1,700.00 2 11)00 50 1700 2011 /0500 1110000 70400
2011
57 1 25.70000
Sledge 4),50000
8965406 7.950.00 90000 2700.00 270000 2700.00 2,10000 2,70000 2.70000 2,750.00 2,10000 22000.00 2„100.20 2.201100 2,700,00 210000 2.100.50 270000 1600.00 1000.00 1900.00 1,200.00
100,00 150.00 150,00 15000 150.00 15000 15000 150.00 150.00 1300,00 75005 15000 13000 15000 90000 90000 79,600.00. 11, 100 DO
Furniture MODilOallnnl0ossoSl loo 1271010 6.850 5,000.00 1,000.00 15000 150.00 150.00 15000 75000 15005 10000 5000 1,65090 2
PIMIeIICaple115cdnnet 17.]10,10
600D'00 90070 40000 40000 10000 100.00 400.00 100.00 400.00 90000 2,60000 400.00 40000 40000 40000 10000 400 00 10000 4,80000 1 8,100.00
90000 I OOOp 4 00.00 Opp00 40000
Public O4Uea4O8975, 100000 1.00000
Supples2CoDIeSNOSlage 1,91919 1.00000
5000 10 0.00 70000 10000 10000 10000 10000 10000
1101411 10000 85000 10000 10000 10000 10000 10000 10000 58900 50000 10000 15000 5000 19,19 1,099.19 1,94919
709,38.25, 6,855,15 0150.05 .6.55500 5055.54 6050.05 9,05086 1.656,50 5,05000 5050.60 5050.50 s 90.101
I 61 6050.00 l,OS000 !,070 5050.00 5050.00 5,030.00 4,15000 4,150.00 1,15000 7.550.00 305100 1,099.19 51,519.19 109,1116129
000
Total Mar Apr May Jun Jul Aug Sep OW Nor Des 308506 I Jan 778 Mar Apr May
5101073WIN0 -NO markup I727 2010 7010 7010 2010 7010 7010 1010 2010 7010 Aug SeD
7010 7010 1 1011 701 7011 2011 7011 2011 Oa 301I
Eyan56 Af[Otlaet 320,50000 1 70 I ,N Nov On
AMSp OEA 159,600.00 7,161 129 22,029 ?79 71,960 },019 12,019 ]7.699 16891 85.501 38285616 70,985 10,16] 7],655 71,715 1 701 1 2011 2011 7011 7011 7011 2,671 11,531 28.772 277.114 25,129 31247 27.030 31,156 16.606 16084 27671011 5,639 10,654 10662 0,968 2 0.487
10,000 2500 1,000 600 500 500 500 1,000 2 5,]92 2 6,909 7 6,90] 7180 1,76] 0,101 11,199 105789 89 726.50000'
17 358500 00
nvlml3sue5 10.00000
HWA GeoStknce9 1p6,Opp,pp` 5.000 16,500.00 500 500 500 61000 6000 8.000 7,000 5,000 5.000 5.000 5,000 56,00000 7.900 1000 5 2 1500 00. 20000 Ott
960 Tax on SubC0ns01I455I� 1,5'/.) 17,187.501 4707 57510 91661 677.1] 69] 96 006,60 158.18 1,004.30 622.55 600 65 7,17175 157.86 510.76 582.26 5303 7 8 34 500 Ihi d 0 0 566 55]97 211 53 19]
1 6 17 1]0.57 75190 5 5,00010 1 021010
374.1185 24.291.500 2,71751 7601144 6 ;755.11 55.571,22 80.490.97 54,51140 51,117.11 6705156 42.72088 46071.451 461,551221 30576.11 35.15645 39,319.37 ]61]516 36,115.12 7516061 1671011 51,45506 14,45565 1],01007 0031.05 17,456.70 7 41591 2/9 14211.0
1 7108 TOTotal I� Mar 04, Msy Jun Jul Aug Sep psi Nov 4. Tool 4060
COS1 I 2010 70106 7010 7010 2070 2010 7010 011 Ma Jun Jul A.4 Se NOV 00 7054.15 Total
2010 1010 7010
O 2010 2011 2011
Feb Fes N 011 2011 2011 2011 2011 7011
Project Manager 7011 7
51,55211' 55600 6.191.00 ].]76.00 5776.00 28400 7114..00 7.77100 2,77100 7,124 2714.00 89,96650 5.135.16 2.]1576 2011 7011 2311 2011 Cosl
Pmlecl A0WS5r 18871 1,57650 15100 15400 15100 2]]5.30 70]516 7,]75]6 1)]5.76 7,73576 2,7]5.]6 2,]75]6 1.]15]6 ;7)576 1891.18 21,526 At 54,552 44
151 DB 15400 11000 3063 70 16110 161.}0 161.10
39.6 E"g(ear
RB1000701 Erg Meer 150,07200 1,60000 7.500.00 6,170.00 117000 7.66500 7,51000 7.53000 6160.00 6.]2000 7,]1000 66,760.00 7.41800 1,28600 8,11450 7 .17000 ease 00 5,17400 0,21970 1,69600 7,89600 1.19000 1,01100 ],]6000 89,1125?' 15601} 00
618.5D 157655
80015100? R6SMeN Engineer 745,304.36 1,708.00 6.49040 0.00110 6117.90 0021.60 0027.60 5.710.80 6,74660 1.61410 61,964.60 1,961.52 7,75132 059698 0392.42 8.69596 0,83144 8833 45 8,42902 6 3,58720 1,79160
105,111,77'' 157.80 1,252.50 4,750.60 5.75540 650900 625840 5.15640 5.15920 4,50720 5,50500 43,25560 5.52216 5,25920 5,705.12 5522 5.75512 5,785 3.71512 5.57216 5.51216 6.40965 2,61960 7,61960 61,151.11 105,11116
19,900111 91,708.75 1700 00 4.580o6 6,89522 6,560,00 6.50090 7,100.95 8,51000 6,10500 45.91000 6.511.50 6,35775 7,11950 6,79575 7,12055 2239.75
1900e0lor 41.19675' 9110615
Document Controls I 672000 200505 7.08000 208500 ;58000
Scheduler 8,]10.00
70,09)BO 1,63600 1.1]600 122400 1.22400 627100 1.22400 222420 1,224 1.71400 1224000 1.28526 1.28528 128525 1,28575 1,285 1,28526 1,25528 1,26518 1,20325 1)BS29 8.32000
Conlrecl Specialist 734.10 11.00 3400 3400 34.00 34 22 ]51 35.30 ]s i0 ]5.70 3400 3000 34 00 3100 30600 25097.80
3510 35.70 ]514. 35.10 ]S ID ]5 )0 J ID 1
1510 9164. 0
}Meek Salary Costs 1 590,17502 734.40
274160 21251 DD 204 51,00 3.211,00 34,15270 11.02700 ]0,06000 7].40600 76,50510 ]0,60190 21/09110 31.177.57 70,15671 3],417,9} 32,201.75 11,417.92 33,950 39 7654194 25055 72 25,50411 22001,89 qua 26 2922.76 116,06182 590.0502
Overhead 00 788,00169 502944 2635365 ]9,37658 4 4].74098 4I,42067 41,21495 41.60359 30.491.36 40,96911 365,969.24 11,62822 10,68791 44,51961 12,999.25 44,11961 4513056 75,44574 34,26910 34,053 50 39,380 91 MA 79 Subtotal 1,778.17671 5,42324 49.611,00 6010098 70196 53 5099655 7744157 7 ;082 76.00069 67.06316 71.65304 640,062.44 7200514 71.126.25 70.01153 15.20160 76,017.53 79.28095 61.997.00 56505,52 59.557.92 51385 3224605 1850125 130,114 27' 1168,
Direct Fe on D5C 177,052.51 70114 6.]17.40 153620 16764 20 10.27731 9,70550 6250 10 02140 7.97 74 9,108,11 d .227
Oirec5Co515 -No Malted 2 10 9.057.76 5.070.49 1605500 9.06011 1505000 10.05500 4,15000 7.69000 4.13500 050 3,11708 ;07047 91840.29', 177.47921
D 109,09.29 6.85070 9.15000 6050.00 5.05000 5.050.00 505000 505000 3,050.00 5050 5,050.00 58,60010 5.050 OD 5.05000 5.050.00 3,05000 505000 5,030.00 4,150 DO 9,13000 1.150.1 1
00 550OD' 7,15800 309919 51,519 109.479]9
Sanaoesment 86960755 65elwl 831.201.50 7.117.56 35225 41 6215617 59.01422 60,49097 54,552,10 51.317.19 67.97094 42,12589 45,071.45 482.690 30.576.18 35,13619 39.399,32 ,.45569 13.070 50 1E57I 76,23926 ]6,14132 3156067 3417011 3746506 14 0.815 1),15610 ]/1,59178 1}1,75150'
1700416570049 3 00512
Ma74
IDIIDindl Contract 00750 2,488,950.058 15,11104 101317.02 145126.65 194,124.95 15501617 1/116117 111,110.55 111,010.11 171,11111 151,57915 1,261,170.12 717,14.5.16 770,45013 11251722 0615116 1555,63012 121,911.70 1 1049248 105770.42 1 511494 14,60111 46,0251 41,4]400' 1222,22521, 211001000
35.000001
100771ernenlM No. 7 Amount 2458950.00
)New Maximum Amount Payable: 2,571950.00
DEA- Ot6109 SUpood 215,200.00 1
0050040 CM Sevlcee Fee J 2,308,750.001
Pape 4 014
258
DOT Farm 140 -089 EF Exhibit G
Revised 6105
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Environmental, Public Relations, Materials Testing, and Design.
N
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116111• I 1 1 7.14700 1 1070 70100
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0414 047X41 764X174,2010
Project Name: Southcenter Parkway Extension CM and Design Support Services
KBA Project No. 10005
Budget Estimate for Anchor QEA
lot
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11400
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Project Name: Southcenter Parkway Extension CM and Design Support Services
KBA Project No, 10005
Budget Estimate for DEA, Inc
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EXHIBIT 0-1
DEA, Inc.
T.
.1 111 1 x51 1 [p
1310 .6163
41110 21 4144
Y 11001
440
1.300
1510 4105.
1450 1100
1.0 r
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1 0140
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an 14740 1.0531 24.0( 4344
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SUM X.0
1510 NO 159 1410 114.1 0 11114 0 11,.12 411411 wlwl
Exhibit G -1
Subconsultant Fee for Envirolssues
Summary of Labor Cost
Staff Hours Labor Rate Cost
Associate III 45 $120.02 $5,400.90
Associate I 132 $72.01 $9,505.32
Project Coordinator 74 $60.01 $4A40.74
Graphic Designer 2 $96.02 192.04
Total Labor Cost $19,539.00
Total Direct Cost 461.00
Total Budget $20,000.00
Ex_ G- 1 _Budget(F1NAL)Envirolssues.docx 1 of 1
261
EXHIBIT G -1
Subconsultant Fee for HWA GeoSciences, Inc.
HWA's fees are based on an Hourly and Per Test Basis, not to exceed $106,000.00, per the
attached Billing Rate and Fee Schedules.
S:\ Projects \Contracts\ Client\ Tukwila \10005_SouthcenterPa rkwayExt \Drafts &NegotiationRecord s \In-
2 6 2 houseDrafts\ Supp1_ FulICM \Ex_G- 1_Budget(FINAL)HWA.docx 1 of 4
EMPLOYEE
Sa Hong
Ralph Boirum
Lorne Balanko
Arnie Sugar
Gary Hershman
Vance Atkins
Steve Greene
Teddy Taddese
Brad Thurber
Peter Pearson
Daniel Coltrane
Tom Kinney
Erik Andersen
George Minassian
Bryan Hawkins
JoLyn Gilfie
David Maloney
Donald Huling
Terry Horton
Christiana Fisk
Tink Kinney
Tony Martin
Harold Benny
Brian Cocker
Matthew Spanner
Kimberley Swanson
Alix RackJeff
David Prihoda
Ashley Crane
Jessica Herrera
Carol Micek
Danielle Werner
Joan Kinney
HWA GEOSCIENCES INC.
2010 HOURLY AND BILLING RATES
(Effective 01/01/2010)
TITLE
Notes:
Represents Capped Billing Rate
Principal IX
Principal IX
Principal IX
Principal VIII
Senior Environmental Planner VI
Hydrogeologist IV
Geologist VII
Geologist IV
Geologist IV
Geologist 111
Geologist 1
Geotechnical Engineer V111
Geotechnical Engineer VI
Geotechnical Engineer V
Geotechnical Engineer V
Geotechnical Engineer!!!
Geotechnical Engineer 111
Geotechnical Engineer 111
Administrative Support
Administrative Support
CAD
Field Technician Manager
Lab Technician Manager
Lab /Field Technician II
Lab /Field Technician IV
Lab /Field Technician 111
Lab /Field Technician 11
Lab /Field Technician 11
Lab /Field Technician 1
Lab /Field Technician I
Marketing Manager
Marketing Assistant
Comptroller
HOURLY
RATE
$97.26
$82.93
$75.48
$64.90
$55.00
$33.89
$55.53
$32.45
$30.77
$25.72
$22.84
$67.31
$48.08
$45.43
$43.27
$33.53
$32.69
$32.69
$24.52
$20.43
$21.63
$36.06
BILLING
RATE
$235.00
$235.00
$235.00
$220.00
$190.00
$115.00
$190.00
$108.00
$108.00
$88.00
$78.00
$225.00
$163.00
$150.00
$150.00
$114.00
$114.00
$114.00
$83.00
$69.00
$74,00
$122.00
$31.25 $107.00
$18.00 $62.00
$25.00 $86.00
$23.00 $79.00
$20.43 $70.00
$18.00 $62.00
$16.83 $58.00
$16.59 $58,00
$32.21 $110.00
$16.59 $58.00
$46.63 $160.00
Exhibit G -1
Page 1 of 4
263
STANDARD SCHEDULE OF FEES AND CHARGES
All prices are effective May 1, 2009,
HWA GeoSciences Inc. holds accreditations from both the American Association of State Highway and
Transportation Officials (AASHTO R -18) and American Association for Laboratory Accreditation (A2LA). We
participate in the sample proficiency program from AMRL for soil classification, coarse and fine aggregates, Hot
Mix Asphalt, California Bearing Ratio, and compaction; and CCRL for concrete.
PROFESSIONAL SERVICES
Request a schedule for labor rates.
EXPENSES
All Outside Expenses (ie, airfare, subsistence, equipment rental,
materials, reproduction, etc.) Cost plus 10%
Drilling and Chemical Laboratory Subcontractors Cost plus 15%
Milcagc (per mil_) Current IRS Ratc
Project Sample Storage Beyond 30 Days from Final Report
Per month $100.00
LABORATORY TESTS
Soil Laboratory Tests
Tests for contaminated soils will be quoted per individual request. In addition, all
contaminated soils will be retumed to client for disposal.
Atterberg Limits
Liquid Limit and Plastic Limit (ASTM D 4318)
One Point $95.00
Three Point $135.00
California Bearing Ratio (ASTM D 1883)
(Requires Moisture /Density Relatioruhip Test)
One Point $200.00
Three Point $525.00
Consolidation Test Incremental Loading (ASTM D 2435)
9 Loads, 0.125 TSF to 32 TSF, 4 Unloads $525.00
Each Additional Load $45.00
Consolidation Test, Controlled Strain (ASTM D 4186) $650.00
Grainsize Analysis
Combined Analysis (ASTM D 422) $200.00
Hydrometer Analysis (ASTM D 422) $170.00
Passing #200 Sieve (ASTM D 1140) $55.00
PSEP Particle Size $250,00
Sieve Analysis -Wet (ASTM D 422) $85,00
Moisture /Density Relationship
Proctor- Cohesive (ASTM D 698, D 1557) $215.00
Proctor Granular (ASTM D 698, D 1557) $180,00
Moisture Content w /Description $16,00
One Dimensional Swell (ASTM D 4546) $625.00
Organic Content Test (ASTM D 2974) $65.00
PermeabilityTests
Permeability of Granular Soils (ASTM D 2434) $275.00
Falling Head Test (WSDOT 605) $200.00
Triaxial with Back Pressure
2 days (ASTM D 5084) $425.00
Each additional day $150.00
Triaxial with Back Pressure
(6 -inch diameter) (ASTM D 5084) $525.00
HWAGEOSCIENCES INC.
+,•wtiv.11wageuscic n c es. co at
Exhibit G -1
gal
LABORATORY TESTS (continued)
PermeabilityTests (con't)
Estimate of Effective Porosity $545.00
Field Capacity (sand) $195.00
Sand Drainage Characteristic Curve $375.00
Relative Density (ASTM D 4253 D 4254) $350.00
Shelby Tube Extrusion and Sample Description $35.00
Soil Resistivity and pH (WSDOT 417) $90.00
pH Only $35.00
Resistivity Only $65.00
Specific Gravity Test (ASTM D 854) $80.00
Strength Testing
Direct Shear Strength (per point) (ASTM D 3080) $120.00
Direct Shear Strength 12" box (per point) $150.00
Residual Shear (per point) $130.00
Triaxial (c -u) (ASTM D 4767) $500.00
with lc, Consolidation $750.00
Stress Path Tests $650.00
Triaxial (u -u) (ASTM D 2850) $200.00
Multi -Stage Triaxial (c -u or c -d) $1,200.00
Unconfined Compressive Strength (ASTM D 2166) $100.00
Modulus and Dampening of Soils under
Cyclic Loading (ASTM D 3999) $750.00
Resilient Modulus ofBase /Subgrade (AASHTOT296) $600.00
Unit Weight
Cohesive Soil by Waxing (USCOE) $80.00
Percent of Solids Calculation $16.00
Porosity (incl. specific gravity/unit weight) $100.00
Soil in Ring (ASTM D 2937) $38.00
Bulk Density ofSoiid Waste (ASTM E 1109) $40.00
Soil in Shelby Tube (ASTM D 2937) $42.00
Visual Soil Classification $16.00
Aggregate Quality Tests
Clay Lumps and Friable Particles (ASTM C 142) $90.00
DegradationTest WSDOT 113) $200.00
Fracture Face Count (without sieve) (WSDOT 103) $40.00
Grain Size (ASTM C 136, C 117) $85.00
Los Angeles Abrasion (ASTM C 131, C 535) $180.00
Organic Impurities (ASTM C 40) $45.00
Percentage of Material Passing #200 Sieve (ASTM C 117) $55.00
Sand Equivalent (ASTM C 2419) $70.00
Soundness Using MgSO (ASTM C 88) $375.00
Specific Gravity Test
Coarse Aggregate (ASTM C 127) $70.00
Fine Aggregate (minus #4 mesh) (ASTM C 128) $80.00
Unit Weight by Dry Rodding (ASTM C 29) $60.00
Page 3 of 4
STANDARD SCHEDULE OF FEES AND CHARGES
All prices are effective May 1, 2009,
Concrete and Masonry Tests
Compression Testing of Con crete Cores
(includes trimming) (ASTM C 42, C 513) $60.00
Compression Testing of Concrete Cylinders (ASTM C 39) $25.00
Compression Testing of Grout and Mortar Specimens
(per specimen) (UBC 21-18, 21 -16) $18.00
Concrete Beam Flexural Strength Test (ASTM C 78) 80.00
Concrete Cylinder Molds $2.50
Concrete Cylinders Sampled and Cured (not tested) $12.00
Concrete Mix Design (fixed gradation) $2,000.00
Density Test
Concrete Cylinders $35.00
Light Weight Concrete Cylinders $80.00
End Trimming ofSamples (ifneeded) $20.00
Splitting Tensile Strength Test (ASTM C 496) $80.00.
Shotcrete Panel (cut three cores and compression test) $300.00
Geosynthetics Tests
Geomembrane to Soil Shear (per point) (ASTM D 5321) $200.00
Shear /Peel Strength Test (ASTM D 4437) $125.00
Asphaltic Concrete Tests
Asphaltic Concrete Mix Design (Marshall Method) $2,000.00
Bitumen Content by Extraction
Extraction only (ASTM D 6307) $90.00
with Gradation (ASTM D 5444, D 6307) $145.00
Bulk Specific Gravity and Density SSD Method
(per specimen) (ASTM D 2726) $45.00
Bulk Specific Gravity and Density Wax Method
(per specimen) (ASTM D 1188) $70.00
HMA Mix Correction Factor (ASTM D 6307) $180.00
Marshall Stability and Flow Determination
(3 specimens) (ASTM D 6927) $425.00
Percent Air Voids in Compacted or Open Bituminous Mixtures
(ASTM D 3203) $150.00
Rice Density (WSDOT 705) $90.00
TSR $600.00
Rock Tests
Abrasion Resistance (ASTM C 535) $200.00
Ethylene Glycol Accelerated Expansion $200.00
Riprap Soundness (ASTM D 5240) $300.00
Specific Gravity and Absorption (ASTM C 127) $70.00
Splitting Tensile Strength of Rock Cores
(10 Discs) (ASTM D 3967) $210.00
Unconfined Compressive Strength
of Rock Cores (ASTM D 2938) $100.00
EQUIPMENT CHARGES
Labor wilt be charged in addition to equipment charges.
Air Filters for Development (per day) $50.00
BK Development Pump /Surge Block (per day) $20.00
Bolt Tension Calibrator (per day) $50.00
Carbon Filter (per day) $50.00
Coating Thickness Gauges (per day) $25.00
Combustible Gas Tech Meter (GT 302 3220)
Per day $95.00
Per week $300.00
Concrete Air Meter (per day) $25.00
Coring Equipment Charge request a schedule
Data Logger and Transducers
Per day $150.00
Per week 500.00
Dissolved Oxygen Meter
Per day $95.00
Per week $300.00
Flow Monitoring Set
Per day $105.00
Per week $400.00
Geomembrane Tensiometer (per day) $60.00
Grundfos Redi Flow II Pump and Generator
Per day $100.00
Per week $300.00
Landfill Gas Monitoring Equipment (GEM 500)
Per day $95.00
Per week $300.00
Level and Stadia Set $25.00
Mag Particle (per day) $25.00
Nuclear Density Gauge (per day) $25.00
Per month $300.00
Peristaltic Sampling Pump
Per day 50.00
Per week $90.00
pH- Conductivity Temperature Meter
Per day $40.00
Per week $100.00
Photoionization Detector (Mini Rae HNU Microtip)
Per day $95.00
Per week $300.00
Pneumatic Pressure Indicator $95.00
QED Bladder Pump Controller
Per day $50.00
Per week $90.00
Safety Equipment
Level D (solvex gloves, disposable suit) $25.00
Level C2 (above plus respirator) $50.00
Level C1 (above plus chemical suit) $95.00
Level B (above plus SCBA) $300.00
Sensidyne Monitoring Equipment (does not include tubes) $15.00
Sediment Coring or Soil Sampling Kit
(does not include Shelby tubes) (per day) 50.00
Torque Wrench (per day) $25.00
UT Thickness Gauge (per day) $50.00
Well Probe (per day) $15.00
For more information, please contact:
Lorne Balanko, PE, for Geotechnical Services
Arnie Sugar, L4 LHG, for Geoenvironmental Services
Harold Benny for Laboratory Services
all at 425.774.0106
Page 4 o4 5
266
Direct Labor Base
Description
Payroll Burden
Payroll Taxes
Group Insurance
Bonus
Retirement Pension
Vac./Holiday /Sick
Other Emp. Benefits
Total Fringe Benefits
General Admin. Expenses
Indirect Labor
Auto Expense
Bid Proposal
Communication Exp.
Computer Tech. Support
Depreciation
Business Insurance Expense
Legal Accounting
Miscellaneous
Office Rent
Professional Dues
Subscriptions Books
Supplies
Taxes
Training Education
Travel Expense
Total G &A Expenses
Total Overhead Expenses
Overhead Rate
Anchor Environmental, LLC
Overhead Schedule
Fiscal Year December 31, 2007
Financial
Statement
Amount Anchor Adj. Adj.
$6,022,651
3614,745
$816,251 ($17,011)
$1,526,716
3222, 317
$793,089
332,352
$4,005,470 (317,011)
$461,650 (3266,704)
3751,079
313,261
$16,107
$384,034
3348,826
334,657
$145,628 (328,677)
$7,016,178 ($654,164)
311,021,648 ($671,175)
183.00%
WSDOT
$554 R
($276,218)
(3276,218)
33,837,878 ($198,014) (3554) B,R
$76,160 (354,994) C
3212,490 (370,122) 13 ,Q
$231,545
$11,454
3283,953
$162,734
344,722 (335,653) D
E,F,G,13,I,7
($194,946) ,K,O,P
($2,186) M
($13,201) I,N
(3210,887)
($487,105)
Anchor Environmental, LLC. Reviewed Accepted on 8/18/08 NM
Anchor Environmental Overhead prepared by Linda Krrippaeluze
"Overhead Rate subject to audit"
Ref. Accepted Amount
$614,745
A $799,240
L 31,250,498
3222,317
$793,089
$32,352
$3,712,241
Please note that Anchor Environmental does not segregate, identify or track tlzeir unallowable expenses
as required by 48 CFR 31.2016.
36,023,205 100.00%
$3,639,310
$2.1,166
$142,368
$231,545
311,454
$283,953
$162,734
$9,069
$0
$748,893
$13,261
$16,107
3384,034
3348,826
$34,657
$103,750
36,151,127
$9,863,368 163.76%
163.76%
Exhibit G -3
Anchor
Page 1 of 2
10.21%
13.27%
20.76%
3.69%
13.17%
0.54%
61.63%
60.42%
0.35%
2.36%
3.84%
0.19%
4.71%
2.70%
0.15%
0.00%
12.43%
0.22%
0.27%
6.38%
5.79%
0.58%
1.72%
102.12°A
Description
Anchor Environmental, LLC
Overhead Schedule
Fiscal Year December 31, 2007
Financial
Statement WSDOT
Amount Anchor Adj. Adj. Ref. Accepted Amount
References
Anchor Adjustments:
A Key Person Life Insurance unallowable per 48 CFR 31.205- 19(e)(2)(v).
B Marketing unallowable per 48 CFR 31.205 -1(1). Marketing Labor of 33 was removed
to match the disallowed marketing directly associated costs in the Bid Proposal Account. WSDOT will
accept the 33% that was disallowed by Anchor. In 2006, Anchor removed 32.99% for marketing labor.
We will expect Anchor to track and segregate these expenses for fitture periods per 31.201 -6 c to
avoid the disallowance of the entire account.
C Auto expenses unallowable per 48 CFR 31.201 -6c. An estimate by Linda is being accepted for excess
auto expenses since these costs are not tracked in accordance with WSDOT Accounting Manual,
Ch. 10 Travel.
D Federal Income Tax Prep Fees in excess of 5250 unallowable per 48 CFR 31.205- 41(b)(1),
31.201 -6(a) and WSDOT OJH Policy.
E Interest unallowable per 48 CFR 31.205 -20.
F Gifts unallowable per 48 CFR 31.205- 13(b).
G Local Meals unallowable per 48 CFR 31.205 -14 WSDOT Accounting Manual, Ch. 10, Travel.
1I Direct project costs unallowable per 48 CFR 31.202(a).
I Alcohol totaling unallowable per 48 CFR 31.205 -51.
J Entertainment unallowable per 48 CFR 31.205 -14.
Q Sponsorships unallowable per48 CFR 31.205- 1(0(3) and 31.208 -8.
WSDOT Adjustments:
K Holiday Party expenses unallowable per 48 CFR 31.205 -14 WSDOT Policy.No record of total ee's who
attended.
L Reduced bonus in excess of 15% per 48 CFR 31.205 -6(f) and WSDOT Bonus Policy. We will review Anchor's
bonus policy more in depth next year for.distributiolt of profits.
M Common Control adjustment per 48 CFR 31.205- 36(b)(3) and 31.201 -4. Not Allocable.
N Executive Parking unallowable per 48 CFR 31.201 -4. Not Allocable.
O Local Meals unallowable per 48 CFR 31.205 -14 WSDOT Accounting Manual, Ch. 10, Travel. The statistical
sampling method used by Anchor is not acceptible for WSDOT. The steals and entertainment account
was tested and 94% was determined to be unallowable. WSDOT will require that Anchor track unallowable
expenses and segregate all costs for future periods to avoid the disallowance of the entire account.
Using Statistical sampling, Anchor removed $266,704 of this account. We tested a couple months
and determined that 94% of what was tested was unallowable.
P Entertainment unallowable per 48 CFR 31.205 -14.
R Adjustment for Uncompensated Overtime per 48 CFR 37.115 DCAA 5 -910, 5 -910.2 and 6 -410.
Page 2 of 2
yo
267
268
Description
David Evans and Associates, Inc.
SCHEDULE OF INDIRECT COSTS
Year ended November 1, 2008
Unallowable
cost Costs, net
Total costs eliminations of eliminations
Labor Burden:
Holiday Pay S 2,095,180 5 2,095,180
Sick Pay 2,116,377 2,116,377
Vacation Paid 4,669,267 4,669,267
Termination/Severance 256,804 256.804
New Employee Signing Pay 146,934 (146,934) L5
Vacation Accrual 8,013 8,013
Vacation Cash Out 307,637 307,637
DOL Compliance Labor 5.230 5.230
Group Ivied icai 7,633,850 7,638,850
Group Life Insurance 188,285 188,285
Workers' Comp Insurance 308.795 308,795
FICA PR Taxes 5,588322 5.588,322
SUTA State PR Taxes 541,352 541,352
Other Payroll Related Costs 1,058 1,058
Civic Duty Labor 48,813 48,818
Public Relations Calculated Fringe Elimination (271.141) (271,141) 14
Union Benefits 1,049,122 1,049,122
Total Labor Burden 24.970,044 (418.075) 24,551,969
Indirectlabnr 21.540,175 (666.520) 20,273.655 1,9,14
Public Relations Expense 385,689 (385,689) 1,2,3,14
Selling Expense 352,175 (33.252) 318.923 2.3
Occupancy 9,444,926 (297,940) 9,146,986 16
Communications 1,525,319 1,525,319
Supplies 3,465,514 1,465,514
Publications and Memberships 335.558 (13,088) 322,470 2
Computer and Printer Costs 1,175,313 1,375,313
Vehicle Expenses 2,803.410 (86.132) 2,717,278 17
General Administrative 891,649 (82,228) 809,42) 2,3,4
Training Expenses 1,305,764 (75,226) 1,230,538 2,3,4
Employee Recruiting and Retention 1,2.19,81 1 (639.578) 580.233 2,3
Professional Services 2,005,414 2,005.414
Business Insurance 1,200,069 (31,014) 1,169,055 7
Taxes, Licenses and Fees 1,089,863 1,089,863
Depreciation and Atnortizaticn 2,323,204 2323,204
Bad Debt Expenses 3,104,996 (1,104.996) 6
Contributions 320,586 (320.586) 5
401K and ESOP Contributions 1,125,612 1,125,612
Profit Sharing Expenses 233,565 (33,643) 199,927 8
Interest Expense 286,079 (286,079) 11
Finance Charges 3,170 (1,170) 11
(Gain) or Loss on Szle of Fixed Assets 6.673 176,927 183,600 10
Rental Income- External (90,162) (90.162)
Miscellancuus Other Income (374.154) 373,802 (352) 12
Miscellaneous Other Expenses 92,527 (94.735) (2,208) 18
Gain/Loss Der Camp Assets (362,488) (362,488)
Income Taxes 1,828.000 (1,805,787) 22,213 13
Total General Overhead Expense 53,236,257 (5,406,934) 47.829,323
Labor Burden and General
Overhead Expense Before Allocation S 78,206.301 (5,825,009) S 72,381,292
DEBI Allocation 1,740.726 (372,432) 1,368,294
Total Labor burden and general overht:nd expense 79.947.027 (6,197,441) 5 73.749,586
Direct Labor 3 42,480,559 5 42,480,559
Overhead Expense Rate 188.20% 173.61%
Facilities Capital Cost of Money Rate
Combined Overhead Expense and Facilities:
Capital Cost of Money Rate
1.09%
174.70%
Exhibit G -3
DEA
Comments
Page 1 of 1
Envirolssues
Overhead Schedule
Fiscal Year December 31, 2007
Exhibit G -3
Envirolssues
EnviroIssues WSDOT Accepted
Description F/S Amount Adj. Adj. Ref. Amount
Direct Labor Base $2,714,257 $2,714,257 100.00%
Fringe Benefits
FICA Tax $309,482 $309,482 1 1.40%
FUTA Tax 4,466 4,466 0.16%
SUI Tax 29,525 29,525 1.09%
L I Tax 9,045 9,045 0.33%
Insurance Medical 246,567 246,567 9.08%
Insurance Emp. Life Dis. 1,468 1,468 0.05%
Insurance Life (Principals) 1,963 ($1,963) A 0 0.00%
Employee Morale 9,810 ($8,185) C 1,625 0.06%
Employee Bus Passes 35,093 35,093 1.29%
Paid Time Off (vacation) 242,508 242,508 8.93%
Holiday Pay 140,561 140,561 5.18%
401(k) Match 112,990 112,990 4.16%
401(k) Admin Expenses 200 200 0.01%
Profit Sharing 294,000 294,000 10.83%
Bonuses 644,479 644,479 23.74%
Total Fringe Benefits $2,082,157 ($10,148) $2,072,009 76.34%
General Overhead
Wages Overhead $773,051 $773,051 28.48%
Wages Bid Proposal 228,219 228,219 8.41%
Temp. Clerical Support 0 0 0.00%
Professional Development 160 160 0.01%
Relocation Expense 2,952 2,952 0.11%
574 ;842 :::;:;21 18
Rent 574,842
Off Site Storage 1,206 1,206 0.04%
Utilities Non -Phone 737 737 0.03%
Maint/Repairs Non Computer 10,628 10,628 0.39%
Depreciation Expense 4,523 4,523 0.17%
Section 179 Depreciation 122,613 122,613 4.52%
Auto Lease 36,744 ($6,700) B 30,044 1.11%
Auto License 527 527 0.02%
Auto Maint. Repairs 6,681 6,681 0.25%
Insurance Auto 9,710 9,710 0.36%
Gas -Auto 12,867 12,867 0.47%
Meetings 11,309 11,309 0.42%
Airfare 7,424 7,424 0.27%
Car Rental 14,937 14,937 0.55%
Page 1 of 3
269
Description
Lodging
Meals Travel
Mileage
Parking
Taxi Ferry Train Tolls
Advertising (incl. Employment As
Meals Business
Capital Cost of Money
Registrations
Trade Dues
GSA Industrial Funding Fee
Delivery
Postage
Telephone
Computer Maintenance
OnLine Services
Accounting Fees
Bank Charges (Late Fees)
Business License Expense
Copying
Equipment Lease
Insurance Business
Legal Expense
Office Supplies
Other Professional Services
Subscriptions
Taxes City: Seattle/Tacoma
Taxes Personal Property
Taxes State B &O
Taxes Use Local
Miscellaneous
Total General Overhead
Total Overhead Expenses
Overhead Rate
EnviroIssues
Overhead Schedule
Fiscal Year December 31, 2007
F/S Amount Adj.
8,620
1,018
4,110
26,245
1,884
3,384
12,332
5,125
16,063
6,823
2,150
494
2,378
31,296
46,874
15,014
11,292
93
2,170
9,984
61,828
21,105
516
36,792
17,637
783
33,723
2,284
121,956
584
3,254
$2,326,941
Envirolssues WSDOT Accepted
($2,812)
($480)
($12,332)
($348)
($2,468)
($93)
($5,666)
($275)
($31,174)
($41,322)
Adj. Ref. Amount
C 5,808 0.21%
1,018 0.04%
4,110 0.15%
26,245 0.97%
1,884 0.07%
D 2,904 0.11%
E 0 0.00%
5,125 0.19%
16,063 0.59%
F 6,475 0.24%
2,150 0.08%
494 0.02%
2,378 0.09%
31,296 1.15%
46,874 1.73%
15,014 0.55%
G 8,824 0.33%
H 0 0.00%
2,170 0.08%
9,984 0.37%
B 56,162 2.07%
21,105 0.78%
516 0.02%
36,792 1.36%
17,637 0.65%
783 0.03%
2,284 0.08%
121,956 4.49%
584 0.02%
2,979 0.11%
$2,295,767 84.58%
$4,409,098
162.44%
EnviroIssues, Inc. Reviewed Accepted 4/7/08 NM
Envirolssues, Inc. Overhead compiled In House by Pain Buckley, Accounting Manager.
$4,367,776 160.92%
160.92%
Page 2 of 3
Description
Envirolssues
Overhead Schedule
Fiscal Year December 31, 2007
Envirolssues WSDOT Accepted
F!S Amount Adj. Adj. Ref. Amount
References:
Envirolssues Adjustments:
A Key person life insurance unallowable per 48 CFR 31.205- 19(a)(2)(vi).
B Interest costs unallowable per 48 CFR 31.205 -20.
C Travel costs in excess of Federal Travel Regulations unallowable per
48 CFR 31.205- 46(a)(2)(i)
D Public relations and advertising costs unallowable per 48 CFR 31.205 -1(a)
E Entertainment unallowable per 48 CFR 31.205 -14.
F Lobbying costs unallowable per 48 CFR 31.205 -22.
G Excess federal income tax preparation fees unallowable per 48 CFR 31.205- 41(b)(1), 48 CFR
31.201 -6(d), and WSDOT Overhead Policy.
H Late Fees unallowable per 48 CFR 3I.205 -15(a)
I Miscellaneous adjustments by film.
Page 3 of 3
271
272
Exhibit G-3
Breakdown of Subconsultants Overhead Cost
Exhibit G-3
HWA
Account Title Beginning Total of Direct Labor
Direct Labor 1,213,052 100.00
Overhead Expenses:
FICA 154,464 l2'7�
Unemployment 22'195 1'83
Haalth/AmcideniInsunanua l56'232 12.88
Medical Aid Industrial Insurance 5,565 0.46
Ho|idoyA/acohon/GickLeavo 193/378 15'94
Commission/Bonus/Pension 367,638 30.31
Total Fringe Benefits 899 74.15
General Overhead:
State B&0 Taxes 77,727 6'41
Insurance 58 4.80
Administration Time Not Assignable 535 44^15
Printing, Stationery &Supplies 40 3.36
Professional Services 17'676 1'46
Travel Not Assignable 29,463 2.43
Telephone Telegraph Not Assignab(e 31,276 2.58
Foeo, Dues Professional Meetings 60,365 4.98
Utilities &Maintenance 0 0.00
Professional Development 7,423 0.61
Rent 193,368 15.99
Equipment Support 46 3.84
Office, Miscellaneous Postage 19 1.64
Total General Overhead l/ll8 92.18
Total Overhead (Generat Fringe) 2/Ol7 166.33
Overhead Rate (Total Overhead Direct Labor) 1.6633 1.6633
DOT Farm 140-089 EF Exhibit G-2
Revised 8107
Page 1 of 1
March 29, 2010
Robin Tischmak, P.E.
City of Tukwila
Public Works Department
6300 Southcenter Boulevard
Tukwila, WA 98188 -2544
Dear Mr. Tischmak:
i A
Scott Soiseth, P.E.
Project Manager
David Evans and Associates, Inc.
SUBJECT: SOUTHCENTER PARKWAY EXTENSION PROJECT
AWARD RECOMMENDATION
David Evans and Associates, Inc. (DEA) recommends awarding the Southcenter Parkway Extension
Project (City of Tukwila Project Number 84 -RW37, Federal Aid No. STPUL 1041(003)) to Scarsella
Bros., Inc. as the lowest responsible and responsive bidder in the amount of $16,030,030.63.
DEA, along with the City, has reviewed the 9 bid proposals submitted for the project (see the attached
Certified Bid Tabulation). The apparent low bidder, Scarsella Brothers, Inc., has been deemed responsive
and has met the Disadvantaged Business Enterprise (DBE) certification goal of 11 percent. Upon review
of Scarsella Brothers, Inc.'s bid proposal and Statetnent of Bidders' Qualifications, including reference
checks (sec attached), it was determined that they were the lowest responsible and responsive bidder,
pursuant to the requirements of Section 1 -03.2 of the Contract Special Provisions
Thank you and DEA looks forward to working with the City and Scarsella Bros., Inc. in making this a
successful project for all. Please call if you have any questions.
Sincerely,
DAVID EVANS ANA ASSOCJ ;DES, INC.
r1/ 1 ii
Attachments: Certified Bid Tabulation
Bidder Reference Check Form Scarsella Bros., Inc.
P:1f\TUKA00000001%070013LD \SCP Award Recomendation Letter 2010_0329.doc
DAVID EVANS
AND ASSOCIATES INC.
415 -11810 Avenue SE Bellevue Washington 98003 -3518 Telephone: 425519,6500 Facsimile: 425.319.5361
Attachment 8
273
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3 Es_
276
CITY OF TUKWILA SOUTHCENTER PARKWAY EXTENSION
CERTIFIED SID TAISULATION
MARCH 13, 2010
Ski Schodula A Public Roadway knorovernents
A1 1.51.3!.3_1b2PLIDIP‘°"""t,C,:mc'Ptie'
!Bain 5.0.1
l
A2 Temoora_y_siosteo ard
A3 Inuninq
Lteeeote Tornporsof Waft ContAS
As jX01900001. Pre9•0909 sne iiiiikhe_,Ciuies 1066 clic
0,7 500900$9 It 909 sso mot
Bid SC hedu le 13 CitY of Tukwila Santa ty_Sewor knorovements
1
41150 5.51 Om osocnotion 1 0o0& I Unft Unit Priest 1 Cod 1
j Er ,9ssmsfy 0.0.00, cortogs 1 1 1 i.: i i -9-°L2'1 1?°2-"- lt
-Ili I
iiiikii SifiiI7
Subtotal S 1,702,90700
Sales Tax 9.500 161,773.60
76161111d Scheel uk 0 5 1,064,626.60
Bld Schedule C Building DernOittlOn
400 5.0.1 Itsen Datcrlollon
CI /310333510 Dernoillon. Convicts
Bid SohOdule F ProPret Addttives (as daaerlhod In 8pee151ProvIsloes DIviglon 10
City of Tukwila Water knorowmonts
41000540: Nam DoserintIon j QuIntilv 4.400 1 Unlit 9000
i$LX400
1
Subtotal
Soles Tau 9.500
Tots( Rid Schedule F
1 MiZnT="""'"
Cen1110d by
.6002 000100.6604
Da Evans 1004A1000
nAtouN001000,07COOW0CP ram_Nia4
QUarilv U0 10 1 26.100,00
Total BB Schedule C
Schedule A brought forward
Schedule 0 brought forward
Schedule C brought foment
Sc040o0176 haven forward
Schedule E brought forwud
TOTAL BASE BID ?RICE
TOTAL 11113 WIT11 ADDITIVES
Ithicitculltnens 111 Contractor Bid Proposal..
(1) 130,440 Ernst in talcs tax calculabon for SchothCa B
(2) 3433,913 tri turnmigion of SCnedulo tot31, d0501n013
Old price
(3) 32,633 Error o tunention for neM ES
(4)00.01 Error in Wet tax Wu-40m 00 501016040 F
3
tisyst Sons, One.
0040110" Unll Unit Poi.
1 LS S 12.131 080.G0
i 1.0
1,sco ERR 60.00 14
1 1 1 Ls 1 2 90:501716 11
1 __LS 1 berei 00 3
11 4,,,025510„.
1 -1 1 1.5 1 102000,00110
S 12,754,100.00
1,664,676.60
38,700.00
S 1,178,000.00
S 7769600.17
17,600.076.76
Coot Untt Prico
17,091,31196
4
PIM Plus, Inc.
Cost 4 305 05404 1 Cott Unit Psis* 5 coat
-12 19 11 3 2: 9 2W I 's --12 1 3 itraN2 1.-1,11°8'1C:0' rec
i itfooto n:21 1 1400 00
i
43690 1 kko oo T55900.09 i 9661 i 116,0601 65
0.1a00 0 14900.00 i 10900.00 3 3.000,0 3:203.06
7.2053321 170.00 :2 2.3.401'.60 3 iiii 17 16,200.
4,060.001 5 2 10.000,00 0 1,0,000.00, _L fez oo_: 0 7
152log.00 s W000.co I 3 60.000.00 1 00.000 oo 1 s skoaTtio
Tolal Sld Schedule A S 12,754,100.00 S 11,220,358.75 S 11,590,800.00
COst Unit ?sty
3070303.3 20 000 00 I
22,100,00
050 0.0* ceet 300 060* 1 Coot I
3.703.003.00 s sEme_919642
16 60615 10.000,00 24.63000 1 s 24900.00
3 3,713,063.00 13 3,702,022.00
352,740.99 10 3 33776809
S
4,065,103.99 4,034,590.09
0001 4 thin Pele•
33.00000 5 30.000 00
35,000.00
Bid Schedule D Owner-Directed Work
nem mo.1 Korn osserosion 1 10046040, 1 Und Liflit NIG Celt Unit Prld Cost Unit Pd. cost I
DI fl.2,,nor Crump& j96,900 (20 0
627 R456010 of analk Conflicts 60,000 E$ 1
1.04 4 10.000 1.00 s .00 0 1E00016 s 1.00 3_ 130*00
ii iiiiii i iii i ii i ii i iiiii iiiM Est s too I S 100 4 99_830.03 s Tro 1 elosocct00
(01 '10ate cr990099-ivati061166 Cilia:Ma iscoo 17 31.111 0 299100990 5 70o 5 70.000,00 2 2 :0„,L0 1 =boom°
_pc_i _EN,t_Orsysto Est:41 90 4000104 40.000 EST, 1 1.00 6 46,003.00 I fro 1.660 4236. 11.po 1 Etara
21000 dN 1,000 „11 1 520.00101,12 343§7 5777 7 i$o;oboxii, 9' CA •Ii 100,000
-:Dl
fio,t90:1 0c994 9 72.30 2 7: ,_2(13,900.00 0 17.00 ,10 17E003 00 0 9.co 1 s scLoc60,900:90' o
i1 1 9 i CALc 2 1 120,066170 1 ii6:607.01i r• 190.66'611 1 9 217010517T 195.60E10
To14) 1110 Soiled de 13 5 1,179000,00 5 910,000.00 S 790,000.00
13141 Schedule E Project *04156.. (as dencillurd In 89.01.1 Provisions Dielslon 10
Hite line Water CA:strict Water knorovemenis
RA, 90.4 0I00 04011'16J00 1 011111l0V unn 1 Linn wino 0410 5 Unit Mew Cost Unit FOCA/ Cate
N qrt.0111 1 1 t.: 1 --1°9199 i 1 1°' 9 4 5 _1,9 75 000.03 1 5
4 f 1;000,00 1 11,_00100 13 4,00600 f 400050 11,,C90.03
E Jts n1 la EA 3 3,200.00 2 4400000 1 1 12,25000 0 30000 i 1
ES Fulnkt1 and HILO DuCt/t0 Iron Pls. tor W3130413 is D. Dlarrilter 6,610 14' 2 22.00 0 633.620.00 5 7024 614,220.00 5 72.00 1 406. .720 00
„E6 Furnish wulwA5,ka waiii
friqi.w.ii iiriJiLicillii IF s 16 i 504202.00 1 -leor I t 99 00 202
_ty s,1010 cm Ingsil Du 960 1 10101iFitii 9 LP i" lit 0 zon:re T 41,0 0 s 11;1;606 s sail •ii401.06
JY 15544172ate Valval2/42:52 1111% 11 4 79_03.00 9 103.000.00 3 3,700.031 5 100 000;0 1 3663.00 3 000
Ea 1;:cisit Clete wive a ms9.0:&• i 15 EA 3 1100 3E40E00 0 1 200„,00 0 3420000 6 5,92000 5 0420010
Eli tir7;_n_Eut von A Lear.iiiii 7 Ii EA 5 J s 0320000 9 1 is0.60 0
13100.00 s 1 060 i 1•K661.06
"f4 540ch 01■41V 00;010;00
2 0' sag s• i 9,9;10..sa 0 20§,0_ki_ 0&4260
1 EA 1, 0 232-0 0 S 3
9 taivr 5 .t 4_??.. 00 9V 3 f 6,W„,,,... s 1,
.....2. ..i.att 0 ,090-°
21 EA 5 791000 _6_,7_16.00 4 Ap 22,41,00052 :c00 00 I 0 r 769_00.00
InifieliceirAtiemblv
1 1 4 1lielliarttra Aiiireii; Si EA 5 0 8 3 21.7 10 .0a 2 4.9?0,99 1 .1 1_ .:9 294,9009 99909
irici s 3,30060 3 9900.00 t5,000 ..f 2,10000 0,2%00 2_ 00
:1 1 1112: art., arch diacingslii An What As$65T51/15
47
Eli Wi kir' 99916-01.- EA 1 1.79990 9 4%90900 k. 1E00.01 4 40,903.60 ,96 0 co 2 ,0 00:01,
ETA" 9■171116706 .0P9.9 0 9 9 01 .9. TAAL° ..L____. 9:9 0 1 9
al s 36.06166 i 6•10 s 01:01.60 5 4 00 s
5.00 4 14,.66
90,03,00
010 'kid Ermine pRvstit00' 1 EA s t060
9 1^91 1 0 0.....V 2 sll .19 5, 2.70E00 1 ....,00 1 47560 2: 9,0
:.00 i ti 00191 t 1702100 3
3 400 61 3 310611 i 400000
60,000.00 5 00.090 s 66.16610'
E2i Flosolotton 01 Wks Con313cts 1 S SC.00000 r 3 09.663 s 50.000
SalOtill 7611,507.00 5 1,447025.00 3 1,338,870.00
Sales Tax 9.500 5 133.093.17 13699730 S 127.19243
Total BIS Schedule E 1 1,764,600.17 5 1,577,922.18 0 1,446,061.65
337,201.00 5
33.934.10
391,135.10
11,220,358.15
3 4,065,003.99
S 33,000.00
S 910,000.00
5 1.577922.38
17,808,066.11 (06
cost 5 Univarlso
1
1 900.99
L,000 66
2 00000 1 0
471,709.00
44.112.36
516,521.36
18,326,805.47
Gary Martino Construction Co. Inc,
cost I
30,004855
36,000.00
11,590,800.00
S 4,054.590.09
5 36,000.00
S 790,000.00
5 1,466.062.63
S 17,937.462.74
COP
000 ,99 0 9 9
7.00610
522,000,00
49.590.00
571,599.00
5 19609,04214
9000 2064
CITY OF TUKWILA -SOUTHCENTER PARKWAY EXTENSION
CERTIFIED 000 TABULATION
MARCH 18, 2010
Bid Schedule A Public Roadway improvements
Item tio. Item Description Cuantlt i Unit 00101 Price 1 Cost 000 PrIcs Cost i Unit Pas Cost
A ,R9.41)( conEi9 1 i .:S ,P.S9S M
I s ??.F I.M9
28 0_.,,.. °_.„...i JJ
...,.i?!. 5_ .J.1..V..§.
A2 Terrytomy Eros.° andSoctrrantsbion conuotgesCf I LS i 1 23.0.0: 0 250 ai 600,00000 5 400055.00 5 281,50000 I i 281.500 DO
A3 iTrainaip 1,003 HR 1 300 S 110105 3 1.00 i 1 1.540,.99 8' 100 I_ 1.500.00
61. _.Z. TI Tqgc cc. ...t.L 1 LS 1 550.060 03 r lotto:4.5Z 20i,C6 iii,o6e.00 5 242.00b.co 512:530.00
as isnorinsp or E,Srs Emmaus! Moss 0" 1 LS 0 ioe 000 03 00000 S 56000 5004400 s :poop eo is ipoopoo
AG I Sei Control. Pievendbo,ana Coialtisicassum5 Kan 1 z LS 5 700_0 00 0 l000.99 s: T.330 i: i0britio a 1.30,13 Tr I .500,00
A7 ,Poihollojdor1197nes As Marked 20 I EA 1 1 0(141A I S 40L0,774 41.906:09' 0 40000 5 8,03035
008 Tyne C Pgriact Schedule asliolnu a.:1 /50.0001 1 1 is Is 5o 000.00 746 0 fabOO.DO 5 Solooioe 0 5 oo .1 i
Total Bld Schedule A. S 11,826,300.00 S 12,232,600.09 S 12,419,500.00
Bid Schedule 13 City of Tukwila Sanitary Sewer Improvements
11tearl 140.1 01006 0000,100100 Quantity i
L 131 8 I a s: i s y Saves.; Corriptato
1 82 ,Tch ran Saler .1. ...1
Bid Schedule C Bulldine Demolition
I Itsen 140.1 01060 0000001060
t CI ittotdino DeittaliOn, CornoteSs
Bid Schedule D OwnenDfrected WON(
I ttatn No.! Ram Oncrlotton (Juana. 1 Unit 0011 06010 Cost 0616 PrIca Cost I Unit Paco 1 Cost
01 •Minor Changes 0 :giI 8 ......_lt?9,41 7 I_ .1 1saw:ococw,°5 00
4 )4 IA 1%.090
2 ,;;;.,;.°2",-wialc-°'-"'" :-EIT ao,eopoo 7 1.00 1 s I 00j3
80,000,00 j 1.03 0 600300
03,000.00
64 iiinatetWiTi00 -----1 iitcoe t r S Si.36 0 500 ensno s 30 oo f 0 340,00000 0 5000 510 Foo.o10 1
05 Eddisallve Esedvatien As Dfrocled 00000 r EST t 050;3 00900.00 i 103 2 00.03000 S 1.0e 1 00,00000
06 Gave Scour I 20,60 l'init s' 10 air 206,066.01 0 der 0 0. 7 c6,4.od s .i1.05 0 220 53
10040 I TOR 3 r.. .0o 0 200,000.06 i 211 6F, 0 210,656:65 i 12,50 I 124 03
500.5
ott ..8aohatt cost Few Aeltustrneot i I CALC .0 120.003.00 0 120.030 00 100040.00 I 120.000.00 1 120 000.00 1 120.003.0,1
Total Bid Schedule- 0 S 1.2 10,000.00 S 1,100,00040 S 1,115,000.00
Bld Schedule E Project Additives lae 403,404,1 10 Spacial ProvIslorts Dletilon 10
HlahlIne Water District Water Improvements
0.06 00.' am lissertation Quallft UM Unit Frits 1 Cost 005 9000 Cost Unit Ado* 1 Cost I
„P ...r..?,: kN,. I. O. 1.1" K 1..t 10,040,03 0 60401000 5 63,040.04 is 5060002 3 60.000 03
02 ,Treech Sefely System I 1 1.6 5 0 2 000.33
:701:21i4 0 ,0 ...+7'5.■.g4. 6 -ti§Iiii. 14 EA S -191'919 .1 it-M9-3--0----- ".;°676.5 I: :PUC40.6;1 '6."°"
49, 044.02
00.00 8 620,603.09 3 81 00 I 0 527,310.00 0 9000 0 811.9•40 03
ES 1 FlsrFain 41 141‘14e1 DOCE44 12 tn, Chatnitor 5.570 1.F 0 05 1 1 1 I 08 9 0 f0, 22 s 8003 0 B5S7 100
00 ■Kii;ieh ii.iii '49ejste:rWijtei.433.hlfie7 'Weitar 1:645 CI Wee I avid:00i t el_ik eani,P ot
i oo
Ed Feanleil and inspliDuctilalr5n !toe ior Watarl#2‘ 10(4. Monster 8,510 LF
Wire 8oa
15 EA 5 77300,04 108000.40 s 0.1033 04 00.000.04 s 5.00005 0
124POTI Gift Wes EMT 19 Ea s 2400.00 30.00000 t 2.5X 00 1 s 1,06o oi s 5*190.60
2 12 1 'X4 :51 2
14 ;DO .00 1,0372T0 0 's
IT I 9: iqa f.sceeti
7:350 Ca I i 00.000,40 0,i s 03,09. 3.200,06 i EA s C 4,500.00 4.10347 i 0 4.100,00 1250 53 1,200 05
m2'‘0148-t.P...`i
02 42_1(rn13 s er n bly 21 1_, EA 0 i,igioc 10 42 Too oo i 2305 r0 0 32 5. 10)0 .0 t
151 4 ,RISh9 1 .910A....97.„..... 0 1.9 i, i 5: ...-t.,. 117.00 1 _d OD 00 S 2
d
It:60163 s 0.2oolo0 1 10 adv 55--- 8'
......_140.,00000
EA '5 1 8 07•3 S
cd f
ENS 7 2 doch C-.....•--... asr Vaive Assembly i. 13.- .,_E- 5 3.00000 3 *00000 020 00 0 too 00
5 400000 t
E12' Aeitonai water 54
i 00,000 1 --11- 1 1----.-....:... I_= ._39, 0 2..19 t .,2 0..„2'g00:;8* 5 3 3 g ---;P°10-
El A NeiSid, 9.91, s 0,000 to '0 940 5 25.000.00 5 2.15 1 10,566.06 400 20,9426
if4iirt5 F,, Brg.
8 EA 5 400130 1 2.40010 1 6705333 3.0i0.66 0 a80. 1 3 60 66
1020 tAbandost DistinoyerVStat:oti t EA S 6t4,03 5 1,030 00 3 1800,03 0 320000 5 50000 0 53)003
Eii 'fieselUisWiif U ti 1 '1 I FA i 82:. COO 03 1 s 00000.00 I .55 1 50.000.05 5 so:doo co 'S go:65:666
Subtotal S 1,389,060.00 S 1,510,810.00 S 005,700.00
Sales Tax 9381 131.960.70 S 143,621.93 142.954.10
Torsd Bld Schedule E S 1,621,020.70 6 1,653,431.93 S 1447134,10
Schedule A brought Forward
Schedule D brought fonvsni
Schedule C brought forward
Schedule D brought forward
Schaub E. brought forward
TOTAL BASE 11115 PRICE
Bid SChedule F Project Additives its describod In Spaelal Provisions Division 10
Cily of Tukwila Wafer Improvements
0204 80.:
F2 `Trench 5sfetv
Ft iC.ity of Tolo,lat Water 1000, 03070403
0304001100
TOTAI, Walt ADDITWKS
M3 060103100000 00 Contractor 0100 90,90503
(1)000.440814400,600, tax caXtaation for So/it:4/4E1
(21 0403,00 Error In ,o,00o.00001 schedola IolaIs to dotounIno bass
(0011 0640.
Mose Err« 1, WS extension for Item Ed
(4) 2.0 oi Eeror in sates 02 ealsolotIon for Schott/A F
Cartiaad by
A ZIA
Ja Ss. Joon, P.E.
la Evan* and Assoclates,
0.
P `61 04100,,,1010ol10e,
Subtotzt
Sales Tex 9.5%
Telal 1314 Schedule B
1 Ousntliv Untt Untt Prks
1 Ls s too coo 00 5
Total Bid Schedule C
O Quantity Unit 0 1160 9,460
I LS '0 20005004 00 6
O LS 1 boo oo
Subtotal
Sales Tax 9.506
Tolil Did Schedule F
MI6 Umtata!» Carbsctors, km.
Unit Linn Price 1 coat i Una PA.. 0 Cod linft PH. 1 Cosi 0
1 1; 05
1 s 2.000 5
s0 1 s 2.000 i 5 3.07
5 .5 i 5 2.073
0 1 .003.03 00 i 0 2.030.000.00'O 3,
0 3,000.600.00 co r4
S 3,050,000.00 S 3,076,600.00 S 3,928,660.00
S 159,750.00 S 292,272:00 S 373,222.70
S 3,339,750.00 S 3,365077.00 1 4,301,082.20
S 11,826,30000
5 3,339,730 00
5 100,000.00
S 1,210,000 00
S 1,521,020.70
5 17097,270.70
Cos!
100.000
s000.00
201,000.00
19.095,00
220,096.00
18,217,36470
Cost Unit
100 000.00 5 34.000 CC 5
100,000.00
Unit Prico
233-00.00 .5
'0
7
alstsrials
S 07,232,600 00
S 3,368,577.00
S 34,000.00
5 0,200,000 00
1,653,431.90
5 18,490,908.95
Cost Untt Pm*
120, 9P.20 0 I 8.. 119
2000.0330 10 C.Do DO
332,600.00
31.397.00
364,197.00
18,808,100.95
cost 0 that Price 1
34 MO CO 10 3016000 1 5
34,000.00
Mos Ras...cos, LLC
01000
50,103.000
30,100.00
S 12,419,000.00
S 4,301,282.70
S 30,100.03
S 1,1 15,000.00
S 1,647,734.10
19.614.218M 1
Cost
640.070.00
10 063 00
705,970.00
67.067 15
773037.13
20.2517,202.98
9030301
277
278
P,00000900000 aoleeo0110.0311.1,
CITY OF TUKWILA SOUTHCENTER PARKWAY EXTENSION
CERTIFIED BID TABULATION
MARCO 10, 2010
Bid Schedule A Public Roadway Im0rovams60s
I ltal10 N0. !Urn 1)0Glonen ouanttiv
Al j�_R_O�ed'Ml001014 .emMn!, COmWtlo
A2 TFan ErOaonW 8WLlsm.so. Cemd a c) 1
T sop
n__� T1df Control 1
A6 0i E1d1e F"lmevea5n Clio B__.._ j 1
.....CoiNd P(aventlon trd C ounOm»s iwM..C3PCC Plir
rte.
5 1
lµi7'� ,>^Q__ UtlIIdi6�ILL MIrli
10
AB "ITV'4eC ProlmtCludme AdnMUM»813 'W
Total Bid Scbeduk A
B ry Sewer Improvements
0 0.1 ul CI
'N of Sanitary tier UM I emit Pnea Cott
I �1 IYiMtl1 Ss1aN 1 J LS 3 b50W.50 f 60060.00
Bid Schedule C Building Demolition
1 Main No.' Item D1a050aon
1 C1 Butld1,151900 cn. Comdata
Bid Scheidua O.Owner-Directed Work
I Mann 10,1 Mum cmcnollon 0050500 t Unit U51, 0001 Coat I
AWWr,JCM5gss .99. 00 EBT l 1.00 5 100,050.70,
2 auw coma, 5 87 0 100 f 00,060.00
t: Afti wloniln
600 GO
E6T...1_
7 0
Expw tuw EKartt'Q 50060 Esti' 5 SO 660
10 e air 70 00 TON 1.._ t0 f_ .44000,00
tar 10,000i TON,_5 12
11.70 f 717,600.00
08 )ASOIWn Confine& A0e1 i11 *I I __.t i CAIN f 003 f 120,000,00
Taal Bid Schedule D 5 1,141,000.00
Bid Schedule E Project Addttives (as described in Spacial Provision Division 10
Hphllne Water Dahict Water Improvements
IMm Nn. 'torn 0aaen0500 Quan7lw 1 Unit 0011 Ede.
Et Mo0nu00n 1 LB 5 70,00000 f
E2 Ynnth system
i ls f "._5 i
E3 FuI,NOndOr CeNMabE1GWg,$ii4m._ 1
1 3
E4 FuM0n and hstai Burge aces Pipe for Water /Nit 161. Oa4War 6,610 10 6 5500 f
1 E2 E6 panlTil MO liarWi thlmle* *peek. WiNrkteb1 tram.* 0476 11 s 6000 i
f #urr7MintlWI:41M O'IWk Lwt terWaiir.111161. 0Gn�ar rah lF S _..!9.00
E7 16 tree V6ks 6�tahv Box
EE W 15 EA ),500,00
Ed 12400110td1 Vag 5 VatA i0x t6 EA 5 2,
ES .6•Ineh MuralaM i TAYhpt EA f 4 s
_4._ 0 1 0,_06 00
�EtO bMNlI Dag WIYlaVrwllM 2
EA
Eft 10 tl1_tll0nettANem010 E 1 v... EA 1 700000 TI
Eli ''(nd, 2 1 ET1 6 _3,600.00 9
coons y 63 EA S 4,500.00 9
014 Serrloe CameSttru, WI; 1• _6 SA i S. 100.00
.Ei6 1 C om b lxf bm 7 1 1 a,6o6OO If 1 j
Ei6 T iron bWl�wi AFVi nbry I 1T �S !,505.00' 9
five:
"Eii d wawltilF6m 10;00`0 i0 s' 0. 10 1
_Eta "Aei'i6ru1 0 5 000'_ i6 0 h.1o��
Ren4wa s FF w 8t5d i 1 1 EA s 20000 1 1
E20 iAbandcin i'tl PCV Wion t 1 EA 1 1
0 00- 3
7�meai 111W,N COnIOCti I-FA S 5h00i.g1-r>
Subtotal 5
Sale; Tax 9.515 3
Total Bld Schedule 17 5
TOTAL BASE BID PRICE 5 22,017,686.30
Bid Schedule F Protect Additives (u described In Special Provisions Division 10
Cl' of Tukwila Wetter Improvements
MAIN 50. 1510110/te560
00 mummy 1 Unit 1 Unit Prlea I Cwt
e
Pi ,.700 7 .0110 WaW lJn@ CO!nflale
W6ulcukttens in Contractor Std Proposal
(1)160,440 E1ro111eise lax =Anon for Sawdust
(2) 0403,016 Eno summation or tthodtta l0s1. k 4014, 00 bow
bid plot.
(1)12,621 Error In 5M m60nrron for tarn E4
(4)40.01 Saw In sake tax 0Neuk0On 1cr EshoEvlo F
certificate/
.ism
/4A
X, Se John, P.E.
Evans and Assoc?, s inc,
net 319,o
Subtotal 5 3,698,000.00
Sales Tax 93Y% S 540,360.00
T'Olal Old Sebedak B 5 6,220,160.00
06151110 (Mt I uMtPnu I
1 15 f 33.00060' f 5.000 1
Total 151d Sebedule C S 35,000.00
Schedule A brought forward
Schedule D brought forward
Schedule C brought forward
Schedule D brought (onward
Schedule D brought forward
1
Subtotal
Sales Tax 9.5%
Total Old Schedule F
TOTAL BID WITII ADDITIVES
R.W. Stott Conauu00on Co,
Una I Unit Pelee
1.6 1 13 .00,y005.00 15
LS 275590.00 [f
1.00{
LS 111111 i aJ6,006.00 t
Cott
13
275,00000
0000.00
400.53
LS 0 3 9 665;00
FA ..1_L 200.00E ff 5.000l0
Cs 1 s 176.Cb0.00 f 175.00.00
S 13,914,085.00
Cott
20,50050
9,000,50
33.660.63
653,330.00 th
402,200.00
49 4911.00
111,00 0.00
15
ie 150.00
1 ,066.66
7,100.00
;spoof.)
1 3600.00
10,600.80
e 366
442.000_„63
1650
Soh,o0
1.64000
&u.&
30,000
1,460,040.00
131,751.30
1599,291.30
S 13,914,003,00
S 6.211,360.00
S 35,000.00
5 1,141,000.00
S 7,399.291.30
L6 11 679,707.00 1 67 707.00
L6 1 S 1.000.00 11 1.000.00
S 680,707 00
S 64,667.17 VI
5 745 ,374.13
23,653,030.47
Page 4 of 4
Bidder Reference Check Form
Project Name: Southcenter Parkway Extension Project
Project Manager: Scott Soiseth, P.E.
Bidder's information
Bidder's Name: Scarsefla Brothers
2. What was the contract value?
$11,000,000
3. How did the contractor perform?
They did well. Earthwork is their speciality.
P: \UTUKA0000000I \0700BLD \SCP Bidder Reference Check Form_set up for prioting.xts
Reference Information
Firm: City of Kent
Contact: Peter Tenerelli
Phone No,: 253 856 -5535
Project: Pacific Hwy South HOV Lanes
1. Please provide a description of the work the contractor performed.
Widen existing roadway from 4 to 6 lanes. 2 miles long. Work included earthwork curb, gutter,
sidewalk, illumination, undergrounding utilities, median, landscaping, storm drainage, paving, striping,
and signing,
4. How was the contractor /supervisor to deal with throughout construction?
Rick Krier was the superintendent. Peter has worked with him several times in the past. Sometimes he
is too assertive but overall he is fair and is reasonable to work and deal with.
5. What was the level of shoring?
Not much shoring was done on this project. But based on experience with other projects, Scarseila
owns their own boxes. They do not like to put their money in shoring but in other pay items.
Page 1 of 6
279
280
Bidder Reference Check Form
Project Name: Southcenter Parkway Extension Project
Project Manager: Scott Soiseth, P.E.
Bidder's Information
Bidder's Name: Scarselta Brothers
6. Were there any site safety issues?
No safety issues.
7. Did the contractor complete the work on -time?
Yes they completed on time and within the budget.
8. Did the contractor have the appropriate equipment to do the job?
Yes
Reference information
Firm: City of Kent
Contact: Peter Tenerelli
Phone No.: 253 856 -5535
Project: Pacific Hwy South HOV Lanes
9. What is your claims experience with the contractor?
They are not a claim happy contractor. They like to be treated fairly. Scarselta are reasonable people.
10. Were any federal funds involved with this project, and if so, was the appropriate documentation provided?
Scarselta provided the proper documentation but Kent had to force them. Basically, Kent used the
strategy if the appropriate documentation was not provided then payment was with held. Advise Peter
to be tough at the beginning of the project.
P StITUKA000o000110)ooBLDISCP Bidder Reference Check Form set up for printing.xls
Page 2 of 6
Project Name:
Project Manager:
Bidders Information
Bidder's Name: Scarsella Brothers
1. Please provide a description of the work the contractor performed.
Widen existing roadway from 2 to 4 lanes. Work items included earthwork detention pond, MSE wall,
stream realignment, 84 inch culvert extension, traffic signals, illumination, paving, striping, and signing.
2. What was the contract value?
$20,000,000
Bidder Reference Check Form
Southcenter Parkway Extension Project
Scott Soiseth, P.E.
3. How did the contractor perform?
They did a good job. WSDOT had a good relationship with Scarsella.
Reference Information
Firm: WSDOT
Contact: John Chi
Phone No.: 425 -489 -5400
Project: SR 9 176th to Marsh Rd US
4. How was the contractor /supervisor to deal with throughout construction?
Superintendent was reasonable and friendly. Scarselfa was helpful with issues. One area need to work
on is their environmental awareness. There was a fine issued on the project.
5. What was the level of shoring?
Very little shoring was on the project and it was done by a subcontractor. Scarsella is safety
conscience.
P: \t 1TUKA000000011070081.01SCP Bidder Reference Check Form set up for printing.xls
Page 3 of 6
281
282
Bidder Reference Check Form
Project Name: Southcenter Parkway Extension Project
Project Manager: Scott Soiseth, P.E.
Bidder's Information
Bidder's Name: Scarsella Brothers
6. Were there any site safety issues?
None
7. Did the contractor complete the work on -time?
Yes
8. Did the contractor have the appropriate equipment to do the job?
Yes
9. What is your claims experience with the contractor?
No claims on the project.
P•It{TUKA00000001\07008L0{5CP Bidder Reference Check Forrn_set up for printing.xis
Reference Information
Firm: WSDOT
Contact: John Chi
Phone No.: 425 489 -5400
Project: SR 9 176th to Marsh Rd I/S
10. Were any federal funds involved with this project, and if so, was the appropriate documentation provided?
Federal funds were not included in this project. However, Scarsella is provided all the necessary
documentation for the project.
Page 4 of 6
Bidder Reference Check Form
Project Name: Southcenter Parkway Extension Project
Project Manager: Scott Soiseth, P.E.
Bidder's Information
Bidder's Name: Scarsella Brothers
1. Please provide a description of the work the contractor performed.
Road improvement project, 1 mile of new road, widen existing roadway. Work items include earthwork,
curb, gutter, sidewalk, illumination, concrete and asphalt paving, intersection reconstruction.
2. What was the contract value?
$10,000,000
3. How did the contractor perform?
Project went well. There were some problems with erosion control.
4. How was the contractor /supervisor to deal with throughout construction?
Rick Krier was the superintendent. He was very knowledgable. He was working on too many projects
and Kent had to stay on top of him to keep focus on their project.
5. What was the level of shoring?
Yes there was shoring. No issues with shoring was encountered.
P:U\TUKA00000001\07008LO \SCP Bidder Reference Check Fonn_set up for printing.xls
Reference Information
Firm: City of Kent
Contact: Chad Bieren
Phone No.: 253- 856 -5500
Project: S 228th St/S 231 St
Page 5 of 6
283
284
Project Name:
Project Manager:
Bidder's Information
Bidder's Name: Scarselia Brothers
Bidder Reference Check Form
Southcenter Parkway Extension Project
Scott Soiseth, P.E.
6. Were there any site safety issues?
None
7. Did the contractor complete the work on -time?
Yes. Punch list items was difficult to complete.
8. Did the contractor have the appropriate equipment to do the job?
Yes. There is one of their strong assets.
9. What is your claims experience with the contractor?
No issues.
10. Were any federal funds involved with this project, and if so, was the appropriate documentation provided?
No federal funds.
P:\l TUKA00000001t0700BLOtSCP Bidder Reference Check Form set up for printing.xls
Reference Information
Firm: City of Kent
Contact: Chad Bieren
Phone No.: 253- 856 -5500
Project: S 228th St/S 231 St
Page 6 of 6
Southcenter Parkway 04/5110
Schedule A roadway
Schedule B sanitary sewer
Schedule C building demo
Schedule D owner directed
Schedule E Highline water
Total Base Bid
Schedule F Tukwila Water
Total Base Bid with Additives
Construction Management (15
Contingency (15
Design costs (DEA Supp #8, #9)
On -call design (DEA, in KBA contract)
Design costs (Highline)
PW Proj Coordinator support
PSE Schedule 74
City Construction Management
TOTAL COST
8% for Highline water
City Water Fund
Federal Funds
State CERB
State Capital Projects
TIB
City GO Bonds
Total Grants
City General Fund*
Federal TIB grants for design
Supplements 1, 2, 3
Original DEA contract
Expenses
Revenues
TOTAL
Scarsella Bros Inc
Bid
11,483,500.00
1,916,251.10
40,000.00
849,500.00
1,367,930.94
15,657,182.04
372,848.60
16,030,030.64
2,308,750.00
2,404,505.00
599,713.00
215,200.00
116,756.00
125,000.00
241,400.00
300,000.00
$22,341,354.64
Original
3,683,000.00
6,000,000.00
3,980,000.00
5,000,000.00
6,000,000.00
24,663,000.00
620,000.00
350,000.00
$25,633,000.00
Reimbursement By City Responsibility
Highline /Segale (not Tuk So)
1,367,930.94
109,434.48 55,927.29
116,756.00
62,500.00
241,400.00
1,898,021.42
Spent/ Unavailable
4,373.00
3,000,000.00
1,944,070.00
625,337.00
345,800.00
$5,919,580.00
Division of Costs
372,848.60
300,000.00
728, 775.89
Available
3,678,627.00
6,000,000.00
3,980,000.00
2,000,000.00
4,055,930.00
Revenue
Less Expenses
0.00
0.00
$19,714,557.00
Tukwila South (City
Grants Bonds)
11,483,500.00
1,916,251.10
40,000.00
849,500.00
2,143, 388.24
2,404,505.00
599,713.00
215,200.00
62,500.00
19,714,557.33
$19,714,557.00
19,714,557.33
-$0.33
286
TRANSPORTATION COMMITTEE
Meeting Minutes
April 5, 2010 5:00 p.m. Conference Room 1
CALL TO ORDER: The meeting was called to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
City of Tukwila
Transportation Committee
PRESENT
Councilmembers: Verna Seal, Chair; Joan Hernandez and De'Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Lisa Verner, Jack Pace, Gail Labanara, Peter
Lau, Steve Lancaster and Jim Haggerton
Guests: Jack Pawlicki, Luthfi Eddyono, Sidratahta Mukhtar and Diah Pitaloka
II. BUSINESS AGENDA
A. 2010 WSDOT /APWA Standard Specifications
Staff is seeking full Council approval of an ordinance adopting the 2010 Standard Specifications as
published by the Washington State Department of Transportation and the Washington State Chapter of the
American Public works Association (WSDOT /APWA).
The Standard Specifications are for road, bridge and municipal construction, and are updated every two
years. These Standards must be used for all federally funded project advertised after April 1, 2010. The last
adoption of Standard Specifications was in 2008. UNANIMOUS APPROVAL. FORWARD TO APRIL.
12 COW FOR DISCUSSION.
B. Tukwila South Southcenter Parkway Extension
Staff is seeking full Council approval for the Mayor to enter into several contracts and agreements and
award a bid relative to the construction and appropriate funding for the Southcenter Parkway Extension
project. Federal funds for this project have already been obligated, and the City has utilized a portion of
those funds.
Action needs to be taken on the following contracts and agreements. The Committee recommendation
follows each item, respectively.
1. Authorize the Mayor to enter into a grant agreement with the Washington State Department
of Commerce Local and Community Projects Program for a grant in the amount of
$3,980,000.
This contract allows the City to utilize grant funds for project costs that have been incurred
previously, dating back to 2005. Funds will be used for capital costs and must be expended
by June 30, 2011. UNANIMOUS APPROVAL. FORWARD TO APRIL 12 COW FOR
DISCUSSION.
2. Authorize the Mayor to enter into a grant agreement with the Washington State Depar tanent
of Commerce Community Economic Revitalization Board (CERB) Program for a grant in
the amount of $6,000,000.
This contract allows the City to utilize grant funds for project costs that have been incurred
previously, dating back to 2005. Funds will be used for capital costs and must be expended
by June 30, 2011. UNANIMOUS APPROVAL. FORWARD TO APRIL 12 COW FOR
DISCUSSION.
287
288
Transportation Committee Minutes April 5, 2010 Pape 2
3. Authorize the Mayor to enter into a grant agreement with the Washington State
Transportation Improvement Board for a grant in the amount of $2,000,000. Funds will be
utilized for road construction only. UNANIMOUS APPROVAL. FORWARD TO APRIL
12 COW FOR DISCUSSION.
4. Authorize the Mayor to enter into an interlocal agreement with Highline Water District for
work that will be completed in accordance with the Southcenter Parkway Extension Project.
The agreement calls for reimbursement to the City for related costs. UNANIMOUS
APPROVAL. FORWARD TO APRIL 12 COW FOR DISCUSSION.
5. Authorize the Mayor to enter into an agreement with Puget Sound Energy for a project plan.
The project plan outlines a detailed description of the work to be performed in relation to the
Tukwila South Development as well as a work schedule and cost estimates. The work
involves the conversion of existing overhead electrical lines to an underground system.
UNANIMOUS APPROVAL. FORWARD TO APRIL 12 COW FOR DISCUSSION.
6. Authorize the Mayor to enter into an agreement with Puget Sound Energy in the amount of
$241,400 for the conversion of existing overhead electrical lines to an underground system
(construction contract for above project plan). UNANIMOUS APPROVAL. FORWARD
TO APRIL 12 COW FOR DISCUSSION.
7. Authorize the Mayor to enter into Contract Amendment No. 1 with KBA, Inc. (Contract No.
10 -038) in the amount of $2,488,949.43 for construction management and design services
related to the Southcenter Parkway Extension. These construction management services are
within 15% of the construction bid award. UNANIMOUS APPROVAL. FORWARD TO
APRIL 12 COW FOR DISCUSSION.
8. Approval to waive immaterial bid irregularities and award a bid, Schedules A through F, in
the amount of $16,030,030.64 to Scarsella Bros, Inc. for the construction of the Southcenter
Parkway Extension Project. UNANIMOUS APPROVAL. FORWARD TO APRIL 12
COW FOR DISCUSSION.
Committee members were complimentary of Attachment 9 in the packet (page 135) which outlines the
project expenses and revenues.
C. Boeing Access Road Bridge Replacement
Staff reported to the Committee their intention to submit a grant application to the Federal Highway Bridge
Program for replacement of the Boeing Access Road Bridge. The City has submitted grant applications for
this program in the past, but has been unsuccessful.
The State has a finite list of bridges that meet the criteria for replacement, and the Boeing Access Bridge
meets those requirements and could qualify for funding through this program. There is a required 20% local
match for bridge projects over $10 million. The grant application is due April 30. INFORMATION
ONLY.
III. MISCELLANEOUS
Meeting adjourned at 5 :43 p.m.
Next meeting: Monday, April 19, 2010 5:00 p.m. Conference Room 1
Committee Chair Approval
Mi utes •y KAM. Reviewed by GL.
CAS NUMBER: 10-045
Fund Source:
Comments:
1 MTG. DATE 1
I 4/12/10
$0
CO UNCIL A GENDA SYNOPSIS
Meeting Date Prepared by
04/12/10 SL
04/19/10 SL
$0
Initials
Maay eview
1
ounal review
:ITEM .INFORMATION
ORIGINAL AGENDA DATE: APRIL 12, 2010
RECORD. OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
04/12/10 Informational Memorandum dated 4/2/10
Resolution in Draft Form
Minutes from the Finance and Safety Committee meeting of 4/6/10
$0
ITEM No.
AGENDA ITEM TITLE A Resolution urging the U.S. Department of Defense to select The Boeing Company
to build the next mid -air refueling tanker.
CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other
Mtg Date 04/12/10 Mtg Date Mtg Date 04/19/10 Mtg Date Mtg Date Mtg Date Mtg Date
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S The Boeing Company is competing for a contract to build the U.S. Air Force's next mid -air
SUMMARY refueling tanker. If awarded this contract, Boeing will build the tanker at its Everett
facilities, with beneficial economic impacts throughout the Puget Sound region. Several
government and business organizatoins have adopted similar resolutoins. The City Council
is being asked to adopt the attached resolution urging the U. S, Department of Defense to
select the Boeing Company for this important contract.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. n Planning Comm.
DA I'E: 4/6/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
,COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
289
290
ISSUE
BACKGROUND
DISCUSSION
RECOMMENDATION
City of Tukwila
w:12010 infomemos \boeing res apr52010.doc
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Steve Lancaster, City Administrator
DATE: April 2, 2010
SUBJECT: Resolution urging the U.S. Department of Defense to select The Boeing
Company to build the next mid -air refueling tanker.
The Boeing Company has requested City support in its bid to be selected to build the next
generation of mid -air refueling tanker airplanes for the U.S. Air Force.
Jim Haggerton, Mayor
The Boeing Company is competing for a major Department of Defense contract to build the next
mid -air refueling tanker for the U.S. Air Force. Although this airplane will be built primarily in
Everett if Boeing is awarded the contract, the beneficial economic impacts will be felt throughout
the Puget Sound region and beyond. Boeing estimates this contract would create or retain
40,000 to 50,000 American jobs.
Similar resolutions have been adopted by the Cities of Seattle and Bellevue, King County, the
Greater Seattle Chamber of Commerce and seventeen other government and business entities
throughout the Puget Sound region.
Approve the proposed resolution and forward to the April 12, 2010 Committee of the Whole
meeting for consideration and subsequent adoption at the April 19, 2010 City Council meeting.
ATTACHMENTS
Draft resolution
291
292
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, URGING THE UNITED STATES DEPARTMENT OF
DEFENSE TO SELECT THE BOEING COMPANY TO BUILD THE NEXT
MID -AIR REFUELING TANKER.
WHEREAS, the United States Department of Defense has begun the process to
procure the Air Force's next mid -air refueling tanker; and
WHEREAS, a contract could be worth $35 billion; and
WHEREAS, the United States economy is currently struggling through a recession
of historic magnitude; and
WHEREAS, unemployment nationally and in Washington State remains around 10
percent; and
WHEREAS, United States taxpayers and our men and women in uniform deserve
the best tanker at the least cost; and
WHEREAS, the United States Air Force has thoroughly studied its needs and has
clearly articulated those needs in its Tanker Request for Proposal; and
WHEREAS, The Boeing Company's NewGen Tanker meets all of the United States
Air Force's requirements and brings the latest and most advanced technology to our
troops; and
WHEREAS, The Boeing Company has a history of producing successful tankers for
the United States Air Force and air forces of other countries; and
WHEREAS, The Boeing Company can deliver a better aircraft and provide its
services more quickly to our soldiers, sailors, airmen and women, and marines; and
WHEREAS, The Boeing Company will build its tankers in Everett, Washington, at
a proven plant, with a highly skilled and dedicated regional workforce that has a
tradition of building the best airplanes in the world; and
WHEREAS, Seattle and the Puget Sound region are home to the vast majority of
The Boeing Company's more than 75,000 employees; and
WHEREAS, each Boeing Company job supports nearly three additional jobs in the
region; and
WHEREAS, aerospace workers earn an average of more than $50,000 per year,
which is 60 percent higher than the national average for all private sector industries;
and
WHEREAS, approximately $5.4 billion is paid in annual wages to aerospace
workers, which is five percent of all wages paid in the State of Washington; and
WHEREAS, the Tukwila City Council values these jobs and the people who hold
them and will make it a priority to ensure Washington State and the Puget Sound
region remain the best places to design, build and market commercial airplanes; and
WHEREAS, The Boeing Company and their employees donate millions of dollars
and volunteer countless hours to community service organizations benefitting our
entire region; and
W: \Word Processing \Resolutions\Boeing Mid -Air Refueling Tanker.doc
SL:ksn 3/29/2010
Page 1 of 2
293
294
WHEREAS, our national security interests are not served by sending this valuable
and strategic program overseas; and
WHEREAS, awarding the contract to The Boeing Company can create or retain
40,000 to 50,000 American jobs at a time in history when we desperately need them;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The United States Department of Defense should select The Boeing
Company to build the next mid -air refueling tanker.
Section 2. The United States Department of Defense should not split the contract
between two competitors.
Section 3. Upon passage of this resolution, the Tukwila City Council hereby directs
the City Clerk to immediately forward copies of this resolution to:
x The Boeing Company Corporate Office in Chicago, Illinois
x Boeing Commercial Airplanes in Seattle, Washington
x The International Association of Machinists and Aerospace Workers (IAMAW)
x The Society of Professional Engineering Employees in Aerospace (SPEEA)
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W \Word Processing \Resolutions \Boeing Mid -Air Refueling Tenker.doc
SL:ksn 3/29/2010
Dennis Robertson, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 2 of 2
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
April 6, 2010 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: De'Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy
Staff: Steve Lancaster, Shawn Hunstock, Bob Giberson, Dave Haynes and Kimberly Matej
Guest: Luthfi Eddyono, Sidratahta Mukhtar and Diah Pitaloka
CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
City of Tukwila
Finance and Safety Committee
II. BUSINESS AGENDA
A. A Resolution Reeardine Boeine Company
Staff is seeking full Council approval of a resolution that supports the Boeing Company's bid to be
selected to build the next generation of mid -air refueling tanker airplane for the United States Air Force.
If awarded, this bid is anticipated to benefit the Puget Sound region from financial impacts via job
creation and retention_ UNANIMOUS APPROVAL. FORWARD TO APRIL 12 COW FOR
DISCUSSION.
B. Sales Tax Report
As an information only item, Shawn Hunstock, Finance Director, reported on sales tax revenue receipts
for January 2010. This is the 17 consecutive month in which sales tax receipts have been in a decline.
January 2010 receipts are the lowest of all January receipts received in the past five years, and are
currently 30% below estimated revenue projections. INFORMATION ONLY.
III. MISCELLANEOUS
Committee Chair Quinn gave an overview of a discussion he had with Dennis Robertson, Council
President. It is anticipated that the Finance Safety Committee will see more substantive items coming
forward for discussion, thorough understanding and subsequent recommendation to full Council. Chair
Quinn expressed the importance of ensuring that the Committee is well informed on issues pertaining to the
financial well -being of the City. Two examples for future discussion may include creation of a regional fire
authority and the City's $3 million capital improvement policy.
In response to the Council goals assigned to the Finance and Safety Committee, Kimberly reported that staff
is currently in process of scheduling a joint meeting between the cities of SeaTac and Tukwila.
Additionally, Chair Quinn suggested the Human Services Division attend a future meeting to ensure that
Committee members are informed of and equipped with the proper knowledge and appropriate information
to ensure Human Services funding remains secure.
Meeting adjourned at 5:34 p.m.
Next meeting: Tuesday, April 20, 2010 5:00 p.m. Conference Room #3
Committee Chair Approval
Minutes by KAM.
295
296
CAS NUMBER: 10-046
Meeting Date Prepared by
04/12/10 CO
AGENDA ITEM TITLE Budget Revenue Options
MTG DATE
1 04/12/10
MTG. DATE
04/12/10
COUNCIL AGENDA SYNOPSIS
Initials
1
1 1
ITEM- INFORMATION
review
1 ORIGINAL AGENDA DATE: APRIL 12, 2010
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 04/12/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Ply
SPONSOR'S During its February 2010 annual retreat, the City Council discussed a wide range of
SUMMARY options for addressing the long -term gap between anticipated revenues and expenditure
forecasts. Council identified a number of revenue and expense options it would like to
explore further, and requested that staff research these items and report back to the
Committee of the Whole in coming months. The attached memo identifies revenue options
for consideration by the Council.
RI',VIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm. I Planning Comm.
DATE: N/A
RECOMMENDATIONS:
SPONSOR /ADMIN. Review and provide direction
COMMI 1'1'1 E
COST-IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments:
.RECORD. OFCOUNCIL ACTION
ITEM No.
Transportation Cmte
ATTACHMENTS
Informational Memorandum dated 04/09/10, with 4 attached revenue options
297
298
TO:
ISSUE
BACKGROUND
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Committee of the Whole
FROM: Shawn Hunstock, Finance Director
DATE: April 9, 2010
SUBJECT: Revenue Options
Increase utility tax on City run utilities
Increase business license fees
Revenue generating regulatory license
Transportation Benefit District license fee
Jim Haggerton, Mayor
The City Council requested that administration follow -up on several revenue enhancement
options as part of their retreat on February 27 and 28 The items presented for discussion at
the April 12 Committee of the Whole meeting include the following:
Other revenue enhancement options will be presented at future COW meetings, as well as
service or program reduction options.
To address the decline in sales tax revenue and limitations on growth of property tax revenue,
the City implemented a 3% across the -board budget reduction in 2009. The reduction resulted
in a savings of just under $1.4 million. This reduction was accomplished with no impact on the
City's staffing level or employee benefits. Later in 2009, as it became apparent that the
downturn in the economy would be a protracted one, departments were asked to identify
additional cuts that could be made to further reduce City expenses. This effort resulted in
another $392,000 reduction of the General Fund budget.
Administration also looked for other ways to reduce expenses, such as placing restrictions on
out -of -state travel. When staffing positions became vacant, the City implemented a minimum
three month recruitment period, with few exceptions, in order to generate some savings on
salaries and benefits. Opportunities for efficiency were also investigated, such as consolidating
the City's cellular phones within the Information Technology department for purchasing,
maintenance of the phones and monitoring of expenses.
In addition to all the efforts mentioned above for the General Fund, the City also implemented
cost savings measures for other funds. In the arterial street fund and capital projects funds the
City chose to delay certain projects that were funded through sales tax receipts, allowing this
revenue source to be allocated to the General Fund instead. We were also able to identify
resources in the debt service funds that have accumulated over several years. These
resources, originally from sales tax receipts, were allocated back to the General Fund.
299
INFORMATIONAL MEMO
Page 2
To the extent possible, the City attempted to utilize previously untapped revenue sources,
delayed or cancelled certain items of expenditure, and took advantage of one -time savings
where available in an effort to not impact the level of staffing within the City.
The City Council at its retreat requested that administration bring specific options back to future
COW meetings regarding various revenue enhancements. The revenue enhancements are one
part of a three part approach to address the City's current budget shortfall. The other items
being considered are program reductions and the cost of compensation.
DISCUSSION
The attached pages describe each individual revenue enhancement option, the service impact,
if any, the estimated revenue that could be generated, and the alternatives to changing or
implementing each option. Should Council decide to further pursue any of these options, staff
and administration will bring specific proposals, along with any necessary ordinances or
resolutions, to future Committee of the Whole and Council meetings.
RECOMMENDATION
For each revenue option, provide staff direction on the following:
Should this revenue option be pursued?
1. Request more information from staff (please be specific).
2. Reject this revenue option
3. Ask staff to prepare action necessary to implement this revenue option.
Timing of Implementation: (Should this revenue option be implemented)
a) Immediately?
b) As part of 2011 -2012 budget process?
c) At some other time?
If immediate implementation is desired, staff will schedule a public hearing, if necessary, for the
earliest opportunity.
ATTACHMENTS
A. Revenue Option: Utility Tax on City -Owned Utilities
B. Revenue Option: Increase Business License Fees
C. Revenue Option: Revenue Generating Regulatory License
D. Revenue Option: TBD License Tabs
300 w: \2010 infomemos \budget april 12_1.docx
PROPOSAL: Increase tax rate on city -run utilities to accomplish a $280,000 increase in
utility tax revenue.
DESCRIPTION: The City adopted Ordinance 2258 on October 19, 2009, enacting a utility tax
of 15% from December 31, 2008 through April 30, 2010, and a rate of 10%
from May 1, 2010 through December 31, 2012. The tax is on the City's water,
sewer and surface water funds. An increase of three percent from May 1,
2010 on would generate approximately $300,000. If the sunset provision is
removed from TMC 3.54.030, the tax would need to be included in cost
assumptions for annual utility rate setting purposes.
SERVICE
IMPACT: Because the utility tax is a tax on the enterprise utility fund itself, and not on
the customers, implementation of the tax, and changes to it, can be
accomplished with minimal administrative burden. When the utility tax was
originally adopted, the goal was to not pass the tax along to customers, but
rather reduce the fund balance in the utility funds. Extension of the utility
tax beyond the sunset period, if Council chooses to do so, will necessitate
building this cost into the rate model for future years that utility customers
pay.
BUDGET
IMPACT:
CITY OF TUKWILA
REVENUE ENHANCEMENT
PROPOSAL AND ASSESSMENT
ANNUAL REVENUE INCREASE
LESS: COST OF PROGRAM
ADMINISTRATION
ANNUAL NET INCREASE
2010 2011+
$150,000 $300,000
$150,000 $300,000
ALTERNATIVES: The City could chose to not implement an increase to the existing tax on city
run utilities and make up this difference either through other revenue
enhancements, or additional expenditure reductions.
c: \temp \xpgrpwise \revenue enhancement proposal utility tax.docx /sdh Page 1
301
302
PROPOSAL:
DESCRIPTION:
SERVICE
IMPACT:
BUDGET
IMPACT:
CITY OF TUKWILA
REVENUE ENHANCEMENT
PROPOSAL AND ASSESSMENT
Increase the fee for business licenses in Tukwila to accomplish a $160,000
increase in business license revenue.
The City last updated its business license fee amounts with Ordinance 2179
on October 15, 2007. Below is a table that illustrates the current and
proposed fee amounts:
of businesses Current Fee Proposed Fee
Home Occupation 172 $50 $100
0 to 20 Employees 1,898 $100 $150
21 to 50 Employees 222 $150 $300
51 to 100 Employees 67 $200 $400
101+ Employees 63 $300 $600
Total 2,422
The above proposed fees would generate approximately $150,000 of
additional revenue per year. All fee categories would double, with the
exception of the 0 to 20 employee category, which would go from $100 per
license to $150. This is the single largest category of business licenses that the
City issues.
Implementation of a business license fee increase would be minimal by way
of process and staff time. New forms and correspondence are printed each
year with updated information, and the new fees would be included at that
time. It is anticipated we would experience an increase in phone calls, at
least initially, due to the fee increase.
ANNUAL REVENUE INCREASE
LESS: COST OF PROGRAM
ADMINISTRATION
ANNUAL NET INCREASE
2010 2011+
$75,000 $150,000
$75,000 $150,000
The City could chose to not implement an increase to the existing business
ALTERNATIVES: license fees and make up this difference either through other revenue
enhancements, or additional expenditure reductions.
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PROPOSAL:
CITY OF TUKWILA
REVENUE ENHANCEMENT
PROPOSAL AND ASSESSMENT
Enact a Revenue Generating Regulatory License (RGRL) fee, sometimes
known as a head -tax, on businesses operating within the City to accomplish a
$2.5 million increase in revenue in the General Fund.
DESCRIPTION: The RGRL is a supplemental fee, and is charged in addition to the basic
business license fee. Approximately twenty -seven cities in the state impose a
RGRL. State statute allows for a variety of options for implementing the fee,
including per employee, per hour worked, square footage of the business, or
a combination of these or other factors. The statute also allows for a different
fee based on the type of business, so long as every business within a
particular classification is charged the same fee. The City of Seattle last year
repealed their RGRL. The City of Renton imposes a fee of $55 per full time
equivalent employee. The City of Redmond imposes a basic fee of $35 per
employee, plus a surcharge of $55 per employee, for a total fee of $90.
The proposal is to implement a fee of $65 per full time equivalent employee.
The fee would generate approximately $2.5 million in gross additional
revenue each year in the General Fund, based on employee count data from
2009, as originally submitted on business license applications.
SERVICE
IMPACT: Implementation of a RGRL would have impacts to staff in facilitating the
program, including working with businesses and answering questions
regarding completion of forms, formulas, employee eligibility, compliance,
auditing of fee information as submitted by businesses, etc. It is expected that
administration of an RGRL would require the addition of one full -time
equivalent employee, plus typical supply and equipment costs. Additional
marketing materials, publications, forms and postage would be needed as
well. The projected annual cost of program administration is $150,000.
BUDGET 2010 2011+
IMPACT: ANNUAL REVENUE INCREASE $1,150,000 $2,500,000
LESS: COST OF PROGRAM
ADMINISTRATION
ANNUAL NET INCREASE
c: \temp \gwviewer \revenue enhancement proposal rgrl.docx /sdh
$75,000 $150,000
$1,075,000 $2,350,000
Page 1
303
304
ALTERNATIVES: The City could chose to not implement a RGRL and make up this difference
either through other revenue enhancements, or additional expenditure
reductions. However, the available options for making up this amount of
revenue are very limited.
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PROPOSAL:
DESCRIPTION:
SERVICE
IMPACT:
BUDGET
IMPACT:
ALTERNATIVES:
c:
CITY OF TUKWILA
REVENUE ENHANCEMENT
PROPOSAL AND ASSESSMENT
Create a Transportation Benefit District (TBD) with funding through a $20
per vehicle license fee dedicated to transportation improvements.
Cities may create a TBD by ordinance after conducting a public hearing with
sufficient notification. There are many options available for funding a TBD,
including a 0.2% increase in the local sales tax rate and a per vehicle license
fee of up to $100 per car. A license fee of up to $20 per vehicle does not
require voter approval. This funding option mandates that the boundary of
the TBD be consistent with the boundaries of the City. Revenue collected
must be used for qualifying transportation improvements. These include any
transportation improvement contained in any existing state or regional
transportation plan that is necessitated by existing or reasonably foreseeable
congestion levels. Maintenance of existing and new facilities is an eligible
expense.
The proposal is to implement a fee of $20 per registered vehicle within
Tukwila. The fee would generate approximately $120,000 in revenue each
year in the General Fund and /or Arterial Street Fund, based on a very rough
estimate of approximately 6,000 registered vehicles within the city limits.
Implementation of a $20 per vehicle license fee could be accomplished with
relatively little administrative burden. The fee would be assessed and
collected by the Department of Licensing and remitted to the City by the
State Treasurer on a monthly basis. The fee will not be collected by DOL
until six months after authorization of the fee by the TBD governing body.
ANNUAL REVENUE INCREASE
LESS: COST OF PROGRAM
ADMINISTRATION
2010
2011+
$120,000
ANNUAL NET INCREASE $120,000
The City could decide to fund the TBD through another mechanism, such as
an increase in the local sales tax rate, an excess property tax levy or through
vehicle tolls. All of these options, though, require voter approval. The City
could also decide to not create a TBD at all, and continue to fund such
improvements through an allocation of sales tax receipts.
temp \xpgrpwise \revenue enhancement proposal tbd.docx /sdh Page 1
305
306
April 5
May
MONTH MEETING 1
REGULAR
31x
Memorial Day
(City offices closed)
Tentative Agenda Schedule
3 10
Special Presentation:
Briefing from
Miyoshi delegation
Public Hearine:
Moratorium on
mini casinos
Unfinished Business:
Ordinance on
findings of fact for
mini casinos
MEETING 2
C.O.W
12
6:30 PM
EXECUTIVE SESSION
See agenda packet
cover sheet for this
week's agenda
(April 12, 2010
Committee of the
Whole Meeting)
MEETING 3
REGULAR
17
19
Soecial Presentation:
Annual State of the City
address (Mayor Haggerton)
Proposed new use for the
Tukwila Library for display
of community history
Proclamation:
Recognizing Volunteer Week
Bid Award:
Authorize Mayor to sign a
contract with Scarsella Bros.,
Inc. for the Southcenter
Parkway Extension project in
the amount of $16,030,030.63
Unfinished Business:
Naming of park property
at 12929 50th Pl. S.
Ordinance establishing
Residential Rental Housing
regulations
Ordinance granting a non-
exclusive franchise
agreement to AboveNet
Communications
Ordinance granting a non-
exclusive franchise
agreement to PAETEC
Holding Corporation
Ordinance adopting the
2010 Standard Specifica-
tions for Road, Bridge and
Municipal Construction
Authorize Mayor to sign an
agreement with KPG, Inc.
for the 2010 Annual Small
Drainage Program, in the
amount of $47,990.16
Southcenter Pkwy Extension
project documents (7)
ResoIution urging the U.S.
Dept. of Defense to select
the Boeing Company to
build the next mid -air
refueling tanker
Special Presentation:
Briefing on Sound Transit
Link Light Rail
(Ron Lewis, Deputy Director,
Link Light Rail Dept.)
24
MEETING 4
C.O.W..,
26
COMMITTEE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING
307
308
12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Friday) 17th (Saturday)
Community Utilities Cmtc Sister City Crime Hot
Affairs CANCELLED Cmte, Spots Task
Parks Cmte, 5:30 PM Force Mtg.,
5: 00 PM (CR #3) 10:00 AM
(CR 113) Tukwila RESCHEDULED (CR #5)
International FROM APRIL. 7
Boulevard
City Council Action Cmte, D Planning
Executive 7:00 PM Commission,
Session, (Connnunity 6:30 PM
6:30 PM Center) (Work Session
(Council on Sign Code)
Chambers) (Council
Chambers)
City Council
Committee of
the Whole
Mtg.,
7:00 PM
(Council
Chambers)
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
Upcoming Meetings Events
APRIL 2010
Family Bingo
Night
6:30 to 8:30 PM
54.00 per person
for up to 3 cards;
extra cards 50¢.
Concessions
available.
(Community
Center)
Library
Advisory
Board,
7:00 PM
(Foster Library)
Tukwila
Historical
Society,
7 :00 PM
(old Tukwila
Library at
14475 59th
Ave. S.)
Citizenship Day
10:00 AM to 3:00 PM
Free workshop for eligible
permanent residents applying
for naturalization.
Visit www. wanewantericans.
org for more information.
Paper Shredding Event
10:00 AM to 1:00 PM
At BECU (12770 Gateway Dr.)
FREE! Bring up to 3 grocery
bags or 2 banker boxes.
Volunteer
Work Parties
North Wind's Weir Salmon
Habitat Restoration Project
10:00 AM to 2 :00 PM
(Across S. 112th St. from the
Boeing Duwamish Towers)
Sign up with Dhira Brown,
People for Puget Sound,
206 -382 -7007, ext. 182,
restoration@pugetsound.org
Duwamish Riverbend Hill
Stewardship Project
10:00 AM to 2:00 PM
(E. Marginal Way S.
and S. 115th St)
Sign up with Stacy, Cascade
Land Conservancy, at
stacyc @cascadeland.org
Sunday, April 18
Raft- gryaFotr,
3:00 PM
Foster Performing Arts Center
For more information call
206 781 -5618 or visit
www.rainiersymphony.org
19th (Monday) 20th (Tuesday) 21st (Wednesday) 22nd (Thursday) 23rd (Friday) 24th (Saturday)
Transportation Finance Parks Planning
Cmte, Safety Cmte, Commission, Commission,
5:00 PM 5:00 PM 5:30 PM 6:30 PM
(CR #1) (CR #3) (Community (Council
Center) Chambers)
Tukwila Int'l. Blvd. Action
Cmte's
Trash Pickup Day
9:00 10:00 AM
For location contact Rick at
rick@forschler. org
Tukwila Pond
Wetland Buffer
Volunteer Work Party
9:00 AM to 12:00 NOON
(Andover Park West, south of
Strander Blvd)
Help spread wood chips in
preparation for the May 12th
ribbon- cutting ceremony.
Contact Tracy (206- 768 -2822)
or Sandra (206- 431 3663).
D Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. Agenda items for 4/12/10 meeting: (A) Minor
Home Repair Program for 2011. (B) Interlocal agreement with King County related to processing of building permits and land use
applications for the Tukwila South annexation area. (C) Noise ordinance.
Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 11. 4/13/10 meeting has been cancelled.