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HomeMy WebLinkAboutREG 2018-04-02 COMPLETE AGENDA PACKETz 2, Tukwila City Council Agenda ••• REGULAR MEETING •❖ is4 ILA kJ \y `` ""' 4. `''A 1908 Allan Ekberg, Mayor Counci/members: + Dennis Robertson ❖ Kathy Hougardy David Cline, CityAdministrator ❖ De'Sean Quinn ❖ Kate Kruller Verna Seal, Council President •:• Thomas McLeod ❖ Zak Idan Monday, April 2018; 7:00 PM • Ord #2569 • Res #1928 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. PROCLAMATIONS a. A proclamation recognizing April 2018 as "Sexual Assault Awareness Month" in the City of Tukwila. b. A proclamation recognizing April 15-22, 2018 as "National Volunteer Week" in the City of Tukwila. Pg.1 Pg.3 3. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. CONSENT AGENDA a. Approval of Minutes: 3/19/18 (Regular) b. Approval of Vouchers c. GIS contracts: (1) Authorize the Mayor to sign Amendment #2 to contract #16-063 with David Evans and Associates, Inc., for GIS surveying of the sanitary sewer and surface water systems, in the amount of $124,581.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 3/26/18.] (2) Authorize the Mayor to sign Amendment #2 to contract #17-165 with David Evans and Associates, Inc., for GIS inventorying of the Tukwila water system, in the amount of $99,825.40. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 3/26/18.] d. Authorize the Mayor to sign a contract with AECOM for the Andover Park East Water and Sewer Replacement project, in the amount of $90,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 3/26/18.] e. Authorize the Mayor to sign Amendment #2 to contract #17-210 with Bush Roed & Hitchings for topographical survey services related to the Public Safety Plan, adding $64,100 to the contract with a not -to - exceed amount of $131,500 for the total contract (including estimated expenses). [Reviewed and forwarded to Consent by the Committee of the Whole on 3/26/18.] f. A resolution authorizing the Mayor to enter into lease agreements for the properties anticipated to be acquired as part of the City's Public Safety Plan. [Reviewed and forwarded to Consent by the Committee of the Whole on 3/26/18.] Pg.5 pg.37 pg.59 Pg.61 (continued...) REGULAR MEETING April 2, 2018 Page 2 5. UNFINISHED BUSINESS a Tree regulations: (1) An ordinance adding and revising definitions related to trees, as codified in Tukwila Municipal Code Chapter 18.06, to reflect best practices, repealing definitions codified in Tukwila Municipal Code Chapter 18.06 that are no longer needed. (2) An ordinance amending various sections of the Tukwila Municipal Code, as codified in Chapter 18.54, "Tree Regulations," to establish new regulations related to urban forestry and trees, repealing Ordinance No. 2291. b. A resolution adopting policies in conjunction with the City of Tukwila Public Safety Plan construction projects, specifically a Disadvantaged Business Enterprise Policy and a Local Hiring Policy. 6. NEW BUSINESS Pg.65 Pg.69 Pg.79 Pg.101 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report and Monthly Public Safety Plan update d. City Attorney e. Council Analyst Pg.115 8. MISCELLANEOUS 9. EXECUTIVE SESSION — Potential Litigation — Pursuant to RCW 42.30.110(1)(g); and Collective Bargaining — Pursuant to RCW 42.30.140(4)(a) — 60 minutes total 10. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCitvClerk(aTukwilaWA.aov). This agenda is available at www.tukwilawa.aov. and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.aov) HOW TO TESTIFY When recognized by the Presiding Officer 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 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS 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 as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on 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. Members of the public 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 that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th 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 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. Office of the Mayor City of Tukwila, Washington PROCLAMATION WHEREAS, Sexual Assault Awareness Month calls attention to the fact that sexual violence is widespread and impacts every community; and WHEREAS, one in five women and one in 71 men will experience sexual assault or sexual harassment during their lifetime; and WHEREAS, child sexual abuse prevention must be a priority to confront the reality that one in six boys and one in four girls will experience a sexual assault before the age 18; and WHEREAS, young people experience heightened rates of sexual violence and youths 12 to 17 are 2.5 times more likely to be a victim of sexual assault; and WHEREAS, on campus one in five women and one in 16 men are sexually assaulted during their time in college; and WHEREAS, we must work together to educate our community about sexual violence prevention, supporting survivors of sexual assault and speaking out against harmful attitudes and actions; and WHEREAS, prevention of sexual assault is possible when we increase awareness and community involvement; NOW THEREFORE, I, Verna Seal, Council President, on behalf of Allan Ekberg, Mayor of the City of Tukwila, do hereby proclaim April 2018: Sexual Assault Awareness Month in the City of Tukwila and encourage all citizens to join me in the special observance and join advocates and communities across the country in taking action to prevent sexual violence. Presented this 2"`t day of April, 2018. C Allan Ekberg, M J� 2 Office of the Mayor City of Tukwila, Washington PROCLAMATION WHEREAS, the City of Tukwila has a long tradition of volunteerism that has continuously enhanced the quality of life within the community; and WHEREAS, the entire community can inspire, equip and mobilize people to take action that changes the world; and WHEREAS, local community service opportunities are available through the City of Tukwila, the faith community, public and private schools, businesses, civic organizations and community groups; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, experience teaches us that government by itself cannot solve all of our nation's social problems; and WHEREAS, during 2017 volunteers donated more than 8,600 hours to City sponsored projects; and WHEREAS, by volunteering and recognizing those who serve, we can come together to make a difference; and WHEREAS, volunteers are vital to our future as the city of opportunity and the community of choice; NOW THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, do hereby proclaim April 15-22, 2018: National Volunteer Week in the City of Tukwila and encourage all citizens to recognize the outstanding volunteer spirit that exists in our community. Presented this 2nd day of April, 2018. Allan Ekberg/Mayor 4 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor' review Council review 04/02/18 HH t/,j fir-- 0 ❑ Ordinance Nltg Date ❑ Bid Award Mtg Date ❑ Public Hearing Alts Date ❑ Other tlltg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DO) ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police 11 PlI" SPONSOR'S Contracts No. 16-063 and No. 17-165 with David Evans and Associates provides GIS SUMMARY services for the Water, Sewer, and Surface Water systems. These two amendments will update the existing GIS databases for 2018 and address new construction and discrepancies for sewer and surface water and continue surveying the water system. Council is being asked to approve David Evans Amendments No. 2 to Contracts No. 16-063 and No. 17-165 for a total additional amount of $224,406.40. RI.\'II NCI BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 03/26/ 18 COMMITTEE CHAIR: THOMAS r Transportation Cmte ❑ Planning Comm. MCLEOD ITEM INFORMATION ITEM No. 4.C1 & 4.C2 S1'.AI'I' Sl'oNSOR: HENRY HASH ORIGINAL AGI?N1):A DAT! 04/02/18 AcI;NI).\ ITEM TITLE GIS Services for Water, Sanitary Sewer, and Surface Water Systems 2018 Amendment No. 2 to Contracts No. 16-063 & No. 17-165 with David Evans C.A.1'I?G()RY ❑ Dlawssion bltg Date 11 Motion Date 04/02/18 ❑ Resolution Mtg Date ❑ Ordinance Nltg Date ❑ Bid Award Mtg Date ❑ Public Hearing Alts Date ❑ Other tlltg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DO) ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police 11 PlI" SPONSOR'S Contracts No. 16-063 and No. 17-165 with David Evans and Associates provides GIS SUMMARY services for the Water, Sewer, and Surface Water systems. These two amendments will update the existing GIS databases for 2018 and address new construction and discrepancies for sewer and surface water and continue surveying the water system. Council is being asked to approve David Evans Amendments No. 2 to Contracts No. 16-063 and No. 17-165 for a total additional amount of $224,406.40. RI.\'II NCI BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 03/26/ 18 COMMITTEE CHAIR: THOMAS r Transportation Cmte ❑ Planning Comm. MCLEOD RECOMMENDATIONS: SPONSOR/ADNIIN. COMMrrrr.I Public Works Department ; Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPI:NDI'I'URN RI: vIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $224,406.40 $300,000.00 $0.00 Fund Source: 401 WATER, 402 SEWER, AND 412 SURFACE WATER Comments: (Pgs. 70, 86, & 109, 2017 CIP) MTG. DATE RECORD OF COUNCIL ACTION 04/02/18 MTG. DATE ATTACHMENTS 04/02/18 Informational Memorandum dated 03/23/18 Consultant Rating Sheet 2017 CIP, pages 70, 86, and 109 Amendment No. 2 to Contracts No. 16-063 and No. 17-165 Minutes from the Transportation & Infrastructure Committee meeting of 03/26/18 6 City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director /i4/ BY: Mike Cusick, Senior Program Manager CC: Mayor Ekberg DATE: March 23, 2018 SUBJECT: GIS Services for Water. Sanitary Sewer. and Surface Water Project Nos. 91640104, 80540202, and 80241201 Amendment No. 2 to Contract No.16-063 and No. 17-165 ISSUE Approve Amendment No. 2 to Contract No.16-063 and No. 17-165 with David Evans and Associates, Inc. (DEA) for GIS Services for the Water, Sanitary Sewer, and Surface Water systems. BACKGROUND The 2017-18 budget includes sufficient funding in Water, Sewer, and Surface Water funds for GIS Asset Management System procurement, implementation, and GIS data coordination. This amendment will update the existing GIS databases to address new construction and discrepancies for sanitary sewer, surface water systems, and continue surveying of the water systems in 2018. ANALYSIS & FISCAL IMPACT The City reviewed professional qualifications from DEA, Perteet, Inc. and Gray and Osborne, Inc. that were listed in the Municipal Research Services Consultant Roster. After reviewing the three firms' Statement of Qualifications, DEA was chosen to continue their work and include the 2018 Sanitary Sewer, Surface Water and Water GIS Inventory. DEA has completed other GIS projects for the City and their work has been satisfactory. Consultant Budget for Agreement 2018 2018 Water GIS Inventory $ 99,825.40 $ 100,000.00 2018 Sanitary Sewer GIS Inventory 27,516.00 100,000.00 2018 Surface Water GIS Inventory 97,065.00 100,000.00 Total $ 224,406.40 $ 300,000.00 RECOMMENDATION Council is being asked to approve Amendment No. 2 to Contract No. 16-063 and No. 17-165 with David Evans and Associates, Inc. in the amount of $124,581.00 for the 2018 Sanitary Sewer and Surface Water and $99,825.40 for the Water GIS Survey and consider this item on the Consent Agenda at the April 2, 2018 Regular Meeting. Attachments: Consultant Rating Sheet 2017 CIP pages 70, 86 and 109 Amendment No. 2 to Contract No 16-063 and No. 17-165 W:\PW Eng \ PROJECTS \A- SW Projects12016 GIS Services (80540202)\Info Memo 2018 GIS sewer storm and water docx 7 8 e'c 2018 GIS Qualification Review (1= Top Choice, 2 = Second Choice, 3 = Third Choice) QIP ,64 Relevant Project Experience 1 1 1 Similar Size Projects 1 1 1 Ability to Coordinate with City Staff 1 1 2 Ability to keep project on schedule and within Budget 1 2 2 Project Team Availability of Key Team Members 1 1 1 Accuracy of Pasted Project 1 2 2 TOTALS (Lowest Total Score is best) 6 8 9 Firm Rank (1 - 3, Lowest = Best) 1 2 3 DEA is Choosen for the 2018 GIS Projects CO 10 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 GIS Inventory of Water System Project No. 91640104 The GIS (Geographic Information System ) will provide current as -built data for the Tukwila water system. The data base will include fire hydrants, valve locations, approximate water line locations, date of installation, and material type. The GIS mapping will provide information on the water system that is easily addressable by City staff and the public. With GIS data, the City will be able to develop an asset management plan to determine the water assets needed to be upgraded or replaced. New project for 2017 - 2022 CIP. Combined Asset Management System scheduled for 2017. The survey will provide staff with -up -date information on the location of water line features. FINANCIAL Through Estimated 017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 67 100 100 100 100 100 567 Land (RNV) 0 Const. Mgmt. 0 Construction 0 TOTAL EXPENSES 0 0 67 100 100 100 100 100 0 567 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected0 Utility Revenue 0 0 67 100 100 100 100 100 0 567 TOTAL SOURCES 0 0 67 100 100 100 100 100 0 567 2017 - 2022 Capital improvement Program 70 11 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: GIS Inventory of Sewer System Project No. 80540202 DESCRIPTION: GIS (Geographic Information Systems) provides current as -built data for the sanitary sewer system in the Central Business District. This project will expand the as -built database for Tukwila's entire sewer system. GIS mapping of the sewers will provide information that is easily addressable by City staff and the public. With the JUSTIFICATION: GIS data, the City will be able to develop an asset management plan to determine the sewer assets that need to be upgraded or replaced. STATUS: In 2007, the Commercial Business District (CBD) was surveyed for GIS mapping. Full data collection should be completed by 2019. Combined Asset Management System in 2017. MAINT. IMPACT: The survey will provide staff with up-to-date information on the location of manholes for the sanitary sewers. COMMENT: FINANCIAL Through Estimated in $000's 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 105 50 167 100 50 500 972 Land (R/W) 0 Const. Mgmt. 0 Construction 0 TOTAL EXPENSES 105 50 167 100 50 0 0 0 500 972 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 105 50 167 100 50 0 0 0 500 972 TOTAL SOURCES 105 50 167 100 50 0 0 0 500 972 Project Location: Entire System 12 2017 - 2022 Capital Improvement Program 86 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Surface Water GIS Inventory Project No. 90241201 80241201 The GIS (Geographic Information Systems) inventory establishes citywide as -built drawings for the public DESCRIPTION: drainage systems. This is an ongoing project as all CIP and development infrastructure improvements will need to be mapped. JUSTIFICATION: State NPDES requirements include provisions for permitted jurisdictions to compile accurate'drainage system maps for all outfalls 24" or greater. STATUS: GIS mapping was completed citywide in 2013. Future contracts will keep maps up to date as projects change the existing system. Combined Asset Management System scheduled for 2017. MAINT. IMPACT: GIS information will allow maintenance to better track storm facility maintenance needs. COMMENT: National Pollution Discharge Elimination System (NPDES). Department of Ecology grants for NPDES permit. FINANCIAL Through Estimated in $000's 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 1,421 100 67 100 150 1,838 Land (RAN) 0 Const. Mgmt. 0 Construction 0 TOTAL EXPENSES 1,421 100 67 100 0 150 0 0 0 1,838 FUND SOURCES Awarded Grant 218 218 Proposed Grant 0 Mitigation Actual 100 100 Mitigation Expected 0 Utility Revenue 1,103 100 67 100 0 150 0 0 0 1,520 TOTAL SOURCES 1,421 100 67 100 0 150 0 0 0 1,838 2017 - 2022 Capital Improvement Program 109 13 14 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and David Evans and Associates, Inc. That portion of Contract No. 17-165 between the City of Tukwila and David Evans and Associates, Inc. is hereby amended as follows: Section II Scope of Work: Additional scope of Work is attached (see Exhibit A) Section IV Payment: Amendment # 2 provides additional payment in the amount of $ 99,825.40 which is for additional GIS Inventory of the Tukwila Water System per David Evans and Associates, Inc Scope of services dated March 12, 2018. The new maximum amount of payment is $159,741.43 (see Exhibit B). All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: Dot* Vo r1 / ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 15 16 EXHIBIT A CITY OF TUKWILA Water System GIS Inventory Scope of Services Prepared by: David Evans and Associates, Inc. 14432 SE Eastgate Way, Suite 400 Bellevue, WA 98007 March 12, 2018 17 TABLE OF CONTENTS TASK 1.0 PROJECT DESCRIPTION, DELIVERABLES AND ASSUMPTIONS ,....,..====1 1.1 Project Description _.„. _.._ „» __.........»»..._...» ................._._..._..1 1.2 Project Deliverables Furnished by CONSULTANT _ 1 1.3 Responsibilities and Services Provided by CLIENT. ...........„._... 1 1.4 Project Assumptions_1 TASK 2.0 PROJECT MANAGEMENT AND QUALITY CONTROL 2 2.1 Project Management,.::,...»...» N „.»........._»» ..................»„..__,._.... _. _ ._ „..„..,...,...._.__.. _......_2 2.2 Monthly Invoices/Progress Reports __.._....» .................2 2.3 Project Kick-off Meeting and Progress Meetings.. 2 2.4 Quality Assurance /Quality Control Review.....,..».... _ _,_ _.„_ „ „ „. „.................... .........................2 2.5 Change Management �_._ _ _ _ .___ ..._M __ ......................................_,..._.......3 TASK 3.0 WATER SYSTEM GIS INVENTORY . 3 3.1 Field Review............ „,._. _.„»......._......_..............................................................3 3.2 Data Collection......._.... _ _ __._.._...._.......,.m, 3 3.3 Water System As -Built Research ,,, .., 3 3.4 Geodatabase Preparation 3 City of Tukwila Water System GIS Inventory 18 Scope of Services March 12, 2018 TASK 1.0 PROJECT DESCRIPTION, DELIVERABLES AND ASSUMPTIONS 1.1 Project Description The City of Tukwila (CLIENT) is requesting professional services from David Evans and Associates, Inc. (CONSULTANT) to inventory the water system and convert it into a Geographic Information System (GIS). The major features of the project include: Water System • Water Lines • Water Valves • Water Meters • Water Manholes • Fire Hydrants • Water Vaults • Water Risers • Post Indicator Valves • Fire Department Connections • Air Relief Valves 1.2 Project Deiivera les Furnished by CONSULTANT T CONSULTANT shall deliver the following documents and products to CLIENT as part of this agreement: • Electronic copy of the GIS Geodatabase. CLIENT will have the opportunity to review each of the deliverables. CLIENT review documents will be returned with subsequent revision, illustrating that each review comment has been addressed as stated, or how/why it was not addressed. 13 ! esponsTili. ies and Services .t o i .:i 11y CLIENT CLIENT will: • Provide existing water system maps, GIS maps and data, and other available mapping information. • Review all submittals made to the CLIENT within 15 working days, or as agreed, and return them to CONSULTANT with consolidated written comments regarding changes or revisions needed. • CLIENT will provide staff to aid with locating water features. 1.4 Project Ys h ullap % i uZr • Mapping accuracy requirement for object locations is "mapping grade" (+1- 3 feet). Objects will be mapped to "survey grade" accuracy (+/- 0.10 feet) throughout the project unless dense vegetation or forested areas prevent the use of survey grade GPS equipment. • Water System mapping will be limited to area within public Right of Way. • Horizontal datum will be NAD 83/91. • Vertical datum will be NAVD 88. • The project duration is assumed to be four (8) months. City of Tukwila Water System GIS Inventory Scope of Services March 12, 2018 19 TASK 2.0 PROJECT MANAGEMENT AND QUALITY CONTROL 2.1 Project Management CONSULTANT will provide direction for staff and review of their work over the course of the project. This work element includes preparing monthly progress reports, to accompany monthly invoicing, that include the status of individual work elements, number of meetings attended, outstanding information required, and work items planned for the following month. CONSULTANT will monitor the project budget weekly throughout the course of the project. This work element is intended to help monitor costs and budgets, and to propose corrective actions, if needed. These actions may include formal requests for increases, modifications, or reductions in scope. Drawings and documents received and generated over the course of the project require review, coordination, and file management. The status of requested information will also be maintained. 2.2 Monthly hly I voices/Prog ss Reports Monthly invoices will be prepared by CONSULTANT per CLIENT requirements for work activities for the prior month. These invoices will include SUBCONSULTANT work and will be accompanied by monthly progress reports, back-up materials for expenses, and show approved budget and amount expended to date. Deliverables: Monthly Invoices and Progress Reports (6 total). 2.3 Project Kick-off Meeting and Progress Meetings After receiving notice to proceed, CONSULTANT will conduct a project team kick-off meeting with staff expected to be involved in the project and key CLIENT staff. The meeting will be used to discuss critical elements of the Scope of Work, the project schedule, document control, and QA/QC procedures; and to clearly define the roles and responsibilities of the project team members. This work element provides for the preparation, attendance, follow-up, and documentation of meetings during the length of the project. These meetings will be the forums for CLIENT to provide input and guidance for the direction of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. CONSULTANT will prepare for, attend, and document up to six (6) meetings with CLIENT staff. The CONSULTANT will attend one meeting every month with the CLIENT's project manager for the duration of the project. The meetings will be held in a location acceptable to CLIENT and CONSULTANT. Deliverables: Meeting Minutes (6 total). 2.4 Quality Assurance /Quality Control Review This work element is for the QA/QC review of CONSULTANT deliverables by a designated QA/QC staff member of the CONSULTANT team. CONSULTANT will assign a Quality Manager to the project that will be responsible for ensuring that quality reviews are performed at stages throughout the project and on all deliverables. The review will cover field and office work on an on-going basis. QA/QC documentation will be maintained and filed with project records. City of Tukwila Water System GIS Inventory 20 Scope of Services March 12, 2018 2.5 Change Management Project Managers from CLIENT and CONSULTANT are responsible for managing changes to the scope and schedule. CLIENT is responsible for the authorization of any changes to the scope, budget, and/or schedule. Team members must ensure that work within their areas remains within the defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could cause a change in scope, personnel, cost, or schedule, team members must communicate potential changes to the Project Manager as early as possible. Project Managers will determine whether the potential change issue will lead to a change in scope, cost, or schedule. CONSULTANT shall obtain written authorization from CLIENT before implementing any change to this Scope of Services, schedule, or budget. All changes will be documented using the Project Change Form. TASK 3.0 WATER SYSTEM GIS INVENTORY 3.1 Fieri Review CONSULTANT will conduct an existing water system maps/GIS review at the outset of the project to identify key field conditions that may impact the field mapping including safety, traffic and access issues. The procedures required to complete the field survey will be determined and safety risks will be analyzed. 3.2 Data Collection CONSULTANT will field survey the location of water system point features and water system utility paint locates outside of the City of Tukwila retail water service area that was completed as part of a previous scope of services. Field notes will be collected to support project deliverables. Pipe connections will be completed in the field where practical. CONSULTANT will use CLIENT agreed upon GIS database structure. 3.3 Water System ,As- .,i t. Research CONSULTANT will review research on existing utility information, provided by CLIENT, for inclusion in the mapping. Where possible CONSULTANT will use provided as -built records to prepare and pre -enter system information to be field verified. This will make the field effort more efficient. 3.4 Geodatabase tabase Update. CONSULTANT will utilize its field surveyed information, and the as -built research to create the Geodatabase GIS files. CONSULTANT will include metadata for the Geodatabase updates. Deliverables: Electronic copy of the updated Geodatabase City of Tukwila Water System GIS Inventory Scope of Services March 12, 2018 21 22 Exhibit B City of Tukwila Water System GIS Inventory David Evans and Associates, Inc. Negotiated Classification Hrs. x Rate = Cost 1 Project Manager (PMGR/PLSU) 112 $ 140.14 15,695.68 2 Quality Control Manager (PICH) 12 $ 203.28 2,439.36 3 GIS Manager (GISM) 20 $ 141.68 2,833.60 4 Survey Manager (SVYM) 16 $ 203.28 3,252.48 5 GIS Technician (GIST) 344 $ 83.16 28,607.04 6 Survey Technician (SVTE) 292 $ 67.76 19,785.92 7 Party Chief (PCHF) 252 $ 92.40 23,284.80 8 Administrative Assistant (ADMA) 12 $ 83.16 997.92 9 Project Administrator (PADM) 12 $ 107.80 1,293.60 Total Hrs. 1072 Total Salary Cost $ 98,190.40 Direct Expenses Mileage - Water System GIS Inventory No. Unit Each Cost 3,000 miles @ $0.545 /mil( $ 1,635.00 Subtotal 1,635.00 David Evans and Associates Total Page 1 of 1 $ 99,825.40 \\BLVFS1Lshare'SURV44greements\201812018-03-12 Tukwila H2O GIS add-on12018-03-12 Tukwila H2O GIS Fee Sheet VI (dev).xlsx 3/12/2018 23 24 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and David Evans and Associates, Inc. That portion of Contract No. 16-063 between the City of Tukwila and David Evans and Associates, Inc. is hereby amended as follows: Section II Scooe of Work: Additional scope of Work is attached (see Exhibit A) . Section III Duration of Agreement: Contract duration is extended through 12/31/2019 Section IV Payment: Amendment # 2 provides additional payment in the amount of $ 124,581.00 which is for additional GIS surveying of the Sanitary Sewer and Surface Water systems per David Evans and Associates, Inc Scope of services dated March 12, 2018. The new maximum amount of payment is $437,527.00 (see Exhibit B). All other provisions of the contract shall remain in full force and effect. Dated this CITY OF TUKWILA day of , 20 CONTRACTOR / (6&,J - Allan ` .J ( , l % 1 c 2 (CSS &n9" Allan Ekberg, Mayor Printed Name:T e r voci / Set- ,Asp ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 25 26 EXHIBIT A CITY OF TUKWILA Sanitary Sewer and Surface Water GIS Inventory and Update Scope of Services Prepared by: David Evans and Associates, Inc. 14432 SE Eastgate Way #400 Bellevue, WA 98007 March 12, 2018 27 TABLE OF CONTENTS TASK 1.0 PROJECT DESCRIPTION, DELIVERABLES AND ASSUMPTIONS 1 1.1 Project Description:............:...............„..»..».........„...................,.,,1 1.2 Project Deliverables Furnished by CONSULTANT...»»»»............n••==•_•_•==,-1 1.3 Responsibilities and Services Provided by CLIENT.....•, ..... . ..„ ....,.,< ................a....,„.„»»„., ..»...... 1 1.4 ProjectAssumptionc...........„.„.„.,...„,..„.............„........,a........,..,,,..,.., .,,,<... .....,.,,.,,.., 1 TASK 2.0 PROJECT MANAGEMENT AND QUALITY CONTROL___z:...=.....3................................ ....„ „s_-=- 2 2.1 Project Management „..... »...»................,,......».,.».........,.......«....,......,..,.,.,...2 2.2 Monthly Invoices/Progress Reports ... 2 2.3 Project Kick-off Meeting and Progress Meetings » „„»„ „._,,....».....................„.e..............................:.2 2.4 Quality Assurance /Quality Control Review .a„,.........,.M»...» . 2 2.5 Change Management 3 TASK 3.0 SANITARY SEWER GIS INVENTORY 3 3.1 Field Review ... .. ,»....„»....» ...::.:..::...:.:........................3 3.2 Data Collection.», .»...,.»..,......:_,»........................•........., 3 3.3 Sanitary Sewer As -Built Research .,...H ..... .... ...... ...„„...„.......,.... ...,...:_....3 3.4 Geodatabase Update 3 TASK 4.0 STORM WATER GIS INVENTORY 4 4.1 Field Review 4 4.2 Data Collection..4 4.3 Storm Water As -Built Research » • •4 4.4 Geodatabase Preparation •4 City of Tukwila Sanitary Sewer and Surface Water GIS Inventory and Update 28 Scope of Services May 3, 2016 TASK tO PROJECT DESCRIPTION, DELIVERABLES AND ASSUMPTIONS LI. Project Desc ":;ption The City of Tukwila (CLIENT) is requesting professional services from David Evans and Associates, Inc. (CONSULTANT) to inventory and update the Sanitary Sewer and Surface Water Geographic Information System (GIS). The major features of the project include: Sanitary Sewer • Sewer Manholes • Sewer Pipes • Sewer Pump Stations Surface Water • Catch Basin • Pipes and Ditches • Stormwater Pump Stations • Stormwater Detention Ponds • Drain Points 1.2 Project rel"%F3abl5 Furnished byCONSULTANT CONSULTANT shall deliver the following documents and products to CLIENT as part of this agreement: • Electronic copy of the updated GIS Geodatabase. • Structure and Site Photos. • Structure Data Sheets. CLIENT will have the opportunity to review each of the deliverables. CLIENT review documents will be returned with subsequent revision, illustrating that each review comment has been addressed as stated, or how/why it was not addressed. 1.3 Res on e lhllit 'es and Sew" v ; es 'o ]tided by CL:EN 1' CLIENT will: • Provide electronic copy of the existing GIS Geodatabase that is to be updated. • Provide existing as -built plans, horizontal and vertical monument information, GIS maps and data, and other available mapping information. • Review all submittals made to the CLIENT within 15 working days, or as agreed, and return them to CONSULTANT with consolidated written comments regarding changes or revisions needed. tzil ProjectAssumptions • Mapping accuracy requirement for object locations is "mapping grade" (+/- 3 feet). Objects will be mapped to "survey grade" accuracy (+/- 0.10 feet) throughout the project unless dense vegetation or forested areas prevent the use of survey grade GPS equipment. • Horizontal datum will be NAD 83/91. • Vertical datum will be NAVD 88. • The project duration is assumed to be six (6) months. City of Tukwila Sanitary Sewer and Surface Water GIS Inventory and Update Scope of Services March 12, 2018 29 TASK 2.0 PROJECT MANAGEMENT AND QUALITY CONTROL 2.1 Project Manage rent CONSULTANT will provide direction for staff and review of their work over the course of the project. This work element includes preparing monthly progress reports, to accompany monthly invoicing, that include the status of individual work elements, number of meetings attended, outstanding information required, and work items planned for the following month. CONSULTANT will monitor the project budget weekly throughout the course of the project. This work element is intended to help monitor costs and budgets, and to propose corrective actions, if needed. These actions may include formal requests for increases, modifications, or reductions in scope. Drawings and documents received and generated over the course of the project require review, coordination, and file management. The status of requested information will also be maintained. Monthly Invoices/Progress Reports Monthly invoices will be prepared by CONSULTANT per CLIENT requirements for work activities for the prior month. These invoices will include SUBCONSULTANT work and will be accompanied by monthly progress reports, back-up materials for expenses, and show approved budget and amount expended to date. Deliverables: Monthly Invoices and Progress Reports (6 total). 2,3 Project Kick-ol Meetlag and Progress I'MleeitI.ngs After receiving notice to proceed, CONSULTANT will conduct a project team kick-off meeting with staff expected to be involved in the project and key CLIENT staff. The meeting will be used to discuss critical elements of the Scope of Work, the project schedule, document control, and QA/QC procedures; and to clearly define the roles and responsibilities of the project team members. This work element provides for the preparation, attendance, follow-up, and documentation of meetings during the length of the project. These meetings will be the forums for CLIENT to provide input and guidance for the direction of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. CONSULTANT will prepare for, attend, and document up to three (3) meetings with CLIENT staff. The CONSULTANT will attend one meeting every month with the CLIENT's project manager for the duration of the project. The meetings will be held in a location acceptable to CLIENT and CONSULTANT. Deliverables: Meeting Minutes (3 total). 2.4 Quality Assurance /Quality Control Rev evki This work element is for the QA/QC review of CONSULTANT deliverables by a designated QA/QC staff member of the CONSULTANT team. CONSULTANT will assign a Quality Manager to the project that will be responsible for ensuring that quality reviews are performed at stages throughout the project and on all deliverables. The review will cover field and office work on an on-going basis. QA/QC documentation will be maintained and filed with project records. City of Tukwila Sanitary Sewer and Surface Water GIS Inventory and Update 30 Scope of Services March 12, 2018 2.5 Change Managerue kt Project Managers from CLIENT and CONSULTANT are responsible for managing changes to the scope and schedule. CLIENT is responsible for the authorization of any changes to the scope, budget, and/or schedule. Team members must ensure that work within their areas remains within the defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could cause a change in scope, personnel, cost, or schedule, team members must communicate potential changes to the Project Manager as early as possible. Project Managers will determine whether the potential change issue will lead to a change in scope, cost, or schedule. CONSULTANT shall obtain written authorization from CLIENT before implementing any change to this Scope of Services, schedule, or budget. All changes will be documented using the Project Change Form. TASK 3.0 SANITARY SEWER GIS INVENTORY ;i ieid Review CONSULTANT will conduct an existing as-built/GIS review at the outset of the project to identify key field conditions that may impact the field mapping including safety, traffic and access issues. The procedures required to complete the field survey will be determined and safety risks will be analyzed. Structures requiring subconsultant assistance for traffic control to survey will be identified and will be scheduled to be completed with other structures requiring traffic control. Coordinate with traffic control subconsultant. Prepare traffic control plans when needed. 3,2 Data Collect on CONSULTANT will field survey the location and collect attributes for up to 50 Sanitary Sewer Manholes and there accompanying pipes. Photographs and supplemental measurement data sheets will be collected to support project deliverables. Structure sizes and depths, pipe sizes and invert elevations, etc. will be measured in the field so that necessary database attribute information can be completed. Field measurement data will be collected electronically in the field, which will update the GIS database electronically from the field. Additionally, hard copy structure cards will be completed in the field with the same measurements so that a quality control check of the information collected electronically in the field can be performed. CONSULTANT will use CLIENT provided GIS database structure. 3.3 Sanitary Sewer As -Built Research CONSULTANT will review research on existing utility information, provided by CLIENT, for inclusion in the mapping. Where possible CONSULTANT will use provided as -built records to prepare and pre -enter attribute information to be field verified. This will make the field effort more efficient. 3,4 Geodatabase Update CONSULTANT will utilize its field surveyed information, and the as -built research to update the CLIENT's existing Geodatabase GIS files. CONSULTANT will include metadata for the Geodatabase updates. Deliverables: Electronic copy of the updated Geodatabase City of Tukwila Sanitary Sewer and Surface Water GIS Inventory and Update Scope of Services March 12, 2018 31 TASK 4M STORM WATER GIS INVENTORY 4.1 Field Review CONSULTANT will conduct an existing as-built/GIS review at the outset of the project to identify key field conditions that may impact the field mapping including safety, traffic and access issues. The procedures required to complete the field survey will be determined and safety risks will be analyzed. Structures requiring subconsultant assistance for traffic control to survey will be identified and will be scheduled to be completed with other structures requiring traffic control. Coordinate with traffic control subconsultant. Prepare traffic control plans when needed. 4.2 Data Collection CONSULTANT will field survey the location and collect attributes for up to 350 Storm Drain Features and their accompanying pipes. Structure sizes and depths, pipe sizes and invert elevations, etc. will be measured in the field so that necessary database attribute information can be completed. Field measurement data will be collected electronically in the field, which will update the GIS database electronically from the field. Additionally, hard copy structure cards will be completed in the field with the same measurements so that a quality control check of the information collected electronically in the field can be performed. CONSULTANT estimates that the miscellaneous GIS updates that thus far have been requested by CLIENT can be completed within the allocated budget. In addition, as budget allows CLIENT will provide CONSULTANT additional CIP project plan sets to be need to be incorporated in to the GIS database. The CONSULTANT will use CLIENT provided GIS database structure. 4,3 Store Water As Built Research CONSULTANT will review research on existing utility information, provided by CLIENT, for inclusion in the mapping. Where possible CONSULTANT will use provided as -built records to prepare and pre -enter attribute information to be field verified. This will make the field effort more efficient. 4,4 Geocliatalnse Preparation CONSULTANT will utilize its field surveyed information, and the as -built research to update the CLIENT's existing Geodatabase GIS files. The CONSULTANT will include metadata for the Geodatabase updates. Deliverables: Electronic copy of the updated Geodatabase City of Tukwila Sanitary Sewer and Surface Water GIS Inventory and Update 32 Scope of Services March 12, 2018 Exhibit B City of Tukwila Sanitary Sewer and Surface Water GIS Inventory David Evans and Associates, Inc. Negotiated Classification Hrs. x Rate = Cost 1 Project Manager (PMGR/PLSU) 138 $ 138.32 $19,088 2 Quality Control Manager (PICH) 10 $ 200.64 $2,006 3 GIS Manager (GISM) 51 $ 139.84 $7,132 4 Survey Manager (SVYM) 14 $ 200.64 $2,809 5 GIS Technician (GIST) 292 $ 82.08 $23,967 6 Survey Technician (SVTE) 436 $ 66.88 $29,160 7 Party Chief (PCHF) 336 $ 91.20 $30,643 8 Administrative Assistant (ADMA) 24 $ 82.08 $1,970 9 Project Administrator (PADM) 15 $ 106.40 $1,596 Total Hrs. 1316 Salary Cost $ 118,372 Salary Escalation Cost (estimated) Escalation - % of Labor Cost per year @ 0 year(s) $0 Total Salary Cost $ 118,372 Direct Expenses No. Unit Each Cost National Barricade - Sanitary Sewer GIS Inventory 1 days @ $1,350 $ 1,350.00 National Barricade - Storm Water GIS Inventory 1 days @ $1,350 $ 1,350.00 Mileage - Sanitary Sewer GIS Inventory 2,000 miles @ $0.540 /mils $ 1,080.00 Mileage - Storm Water GIS Inventory 4,500 miles @ $0.540 /mils $ 2,430.00 Subtotal $ 6,210 Sanitary Sewer GIS Inventory Totals $ 27,516 Storm Water GIS Inventory Totals $ 97,065 David Evans and Associates Total $ 124,582 Page 1 of 1 \\BLVFSVOare\SURVWgreements12018\2018-03-12 Tukwila SD SS GIS add-on12018-03-12 Tukwila SD SS GIS Fee Sheet V2 (dev).,dsx 3/12/2018 33 34 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes March 26, 2018 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Thomas McLeod, Chair; De'Sean Quinn, Zak Idan Staff: David Cline, Henry Hash, Mike Ronda, Ryan Larsen, Mike Cusick, Greg Villanueva, Gail Labanara, Peter Lau, Steve Carstens, Laurel Humphrey CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. NPDES Program 2017 Annual Report and 2018 Stormwater Management Program Plan Staff provided an overview of the National Pollutant Discharge Elimination System (NPDES) 2017 Annual Report and 2018 Stormwater Management Program (SWMP) Plan. The Annual Report reflects activities completed in 2017. The SWMP Plan is required by the NPDES Program to show that the City complies with requirements outlined in the NPDES Phase II permit, and contains elements such as public education and outreach, public involvement and participation, illicit discharge detection and elimination, runoff control, municipal operations and maintenance, compliance with maximum daily load requirements, and monitoring and assessment. Committee members discussed the importance of public education and awareness of stormwater fees and how they benefit the community. Staff will work with Chair Mcleod on an editorial for the local press. DISCUSSION ONLY. B. Contract Amendments: GIS Services for Water, Sanitary Sewer & Surface Water *Staff is seeking Council approval to amend two contracts with David Evans and Associates for GIS services for the Water, Sanitary Sewer, and Surface Water Systems. These amendments, in the amount of $124,581.00 forthe 2018 Sanitary Sewer and Surface Water, and $99,825.40 forthe Water GIS Survey, will update existing GIS databases to address new construction and discrepancies. David Evans and Associates was selected from three firms rated on the strength of its previous work for the City. UNANIMOUS APPROVAL. FORWARD TO APRIL 2, 2018 REGULAR CONSENT AGENDA. C. Contract: Andover Park East Water & Sewer Replacement Construction Management Staff is seeking Council approval of a contract with AECOM Technical Services in the amount of $90,000.00 for construction management services for the Andover Park East Water and Sewer Replacement Project. Several issues were discovered during construction that were not included in the original scope of services, and this proposed contract will allow finalization of payments and project closeout. The final total amount for construction management services is $622,893.84 and under the $640,000 budget. UNANIMOUS APPROVAL. FORWARD TO APRIL 2, 2018 REGULAR CONSENT AGENDA. 35 36 COUNCIL AGENDA SYNOPSIS Initials Aleeting Date Prepared by Mayor- review Council review 04/02/18 HH ///), Motion Date 04/02/18 al ❑ Ordinance ilItg Date ❑ Bid Award Mtg Date ❑ Public Hearing AN Date ❑ Other Mtg Date AN SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police 11 PW SPONSOR'S Original Contract No. 16-103 with AECOM Technical Services provided construction SUMMARY management services for the Andover Park East Water and Sewer Replacement Project. Due to several issues during construction and to complete the closeout of the project, a new construction management contract is needed with AECOM. Council is being asked to approve AECOM's additional CM contract in the amount of $90,000.00. RI .\'U?\XED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 03/26/18 COMMII`IEE CHAIR: THOMAS r Transportation Cmte ❑ Planning Comm. MCLEOD RECOMMENDATIONS: SPONSOR/ADNIIN. COMMITTI ITEM INFORMATION ITEM No. 4.D. STAFF SPONSOR: HENRY HASH ORIGIN.U,AGENDA D.ATi:: 04/02/18 AGENDA ITE TITLE. Andover Park East Water and Sewer Replacement Project Construction Management Agreement with AECOM Technical Services C.vrIGORY ❑ Discussion AItg Date 11 Motion Date 04/02/18 ❑ Resolution Mtg Date ❑ Ordinance ilItg Date ❑ Bid Award Mtg Date ❑ Public Hearing AN Date ❑ Other Mtg Date AN SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police 11 PW SPONSOR'S Original Contract No. 16-103 with AECOM Technical Services provided construction SUMMARY management services for the Andover Park East Water and Sewer Replacement Project. Due to several issues during construction and to complete the closeout of the project, a new construction management contract is needed with AECOM. Council is being asked to approve AECOM's additional CM contract in the amount of $90,000.00. RI .\'U?\XED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 03/26/18 COMMII`IEE CHAIR: THOMAS r Transportation Cmte ❑ Planning Comm. MCLEOD RECOMMENDATIONS: SPONSOR/ADNIIN. COMMITTI Public Works Department . Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDI PURI. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $90,000.00 $640,000.00 $0.00 Fund Source: 401 WATER & 402 SEWER FUNDS (PAGES 60 & 77, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/02/18 MTG. DATE ATTACHMENTS 04/02/18 Informational Memorandum dated 03/23/18 2017 CIP, pages 60 & 77 AECOM's Construction Management Agreement Minutes from the Transportation & Infrastructure Committee meeting of 03/26/18 38 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation & Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Michael Ronda, Project Manager - Construction CC: Mayor Ekberg DATE: March 23, 2018 SUBJECT: Andover Park East Water and Sewer Replacement Project Numbers 99940103 & 91440204 Construction Management Contract with AECOM ISSUE Approve a new Construction Management (CM) contract with AECOM Technical Services for CM support to close the Andover Park East (APE) Water and Sewer Replacement Project. BACKGROUND Council awarded the construction management contract for the APE Water and Sewer Replacement Project to AECOM in August 2016 for $532,893.84. Several issues were discovered during construction which were not included in the original CM scope of services. These issues extended the completion date of the contract and required that additional CM resources be dedicated to the management effort. In the closeout process the punchlist activity by the contractor extended past the original CM contract completion date. Now that the construction activities appear to be complete, a new CM contract is required to finalize the payments and close out the project. DISCUSSION & FISCAL IMPACT To complete the construction management effort, the AECOM CM team will require additional time and resources to close out the remaining paperwork and resolve negotiated payment items. The total additional fee for this contract is $90,000.00. With this contract, the CM budget will be allocated as follows: AECOM Original CM Contract AECOM Closeout CM Contract APE Water/Sewer Replacement CM Budget Total CM Expense $532,893.84 90,000.00 $622,893.84 Budget $640,000.00 $640,000.00 RECOMMENDATION Council is being asked to approve the Construction Management Contract with AECOM in the amount of $90,000.00 and consider this item on the Consent Agenda at the April 2, 2018 Regular Council Meeting. Attachments' Pages 60 & 77, 2017 CIP CM Consultant Services Contract Scope and Fee with AECOM W:\PW Eng \ PROJECTS \A- WT Projects\APE Water Main Replacement (99940103)\Consultant Selection \(010) - CM Scope And Encumbrances\AECOM\New CM Contract \Info Memo AECOM CM Contract 030818 Dock 39 40 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 Andover Park E Water Main Replacement Project No. 99940103 Design and construct 2,700 LF of new 8" & 16" ductile iron pipe along Andover Park East from Tukwila Pkwy to Strander Blvd, Support future growth within this area of the CBD as aging cast iron system has suffered frequent failures. Survey and design is complete. Construction is scheduled for 2016 from Strander Blvd to Tukwila Pkwy with final paving in 2017. A new pipe will significantly reduce impact on crews from the risk of cataclysmic events. PWTF loans were rescinded in 2014 & 2015 by the State Legislature. FINANCIAL (in $000's) Through Estimated 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES ' Project Location „ `- .� ,�► 4mo-. •. ' 1 in 11 Ai ' -' it 3 Design 140 59 LL EFS a 5 LI 199 Land (RNV) u ialfr- "741,S 1 s'I 0 Const. Mgmt. 284 100 I f GIS 384 Construction 2,100 685 2,785 TOTAL EXPENSES 140 2,443 785 0 0 0 0 0 0 3,368 FUND SOURCES Awarded Grant 0 Proposed Bond 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 140 2,443 785 0 0 0 0 0 0 3,368 TOTAL SOURCES 140 2,443 785 0 0 0 0 0 0 3,368 2017 - 2022 Capital Improvement Program 60 41 ' Project Location „ `- .� ,�► 4mo-. •. ' 1 in 11 Ai ' -' it 3 .. ..: LL EFS a 5 LI W E u ialfr- "741,S 1 s'I { / '4' I f GIS 2017 - 2022 Capital Improvement Program 60 41 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Andover Park East Sewer Replacement Project No. 91440204 DESCRIPTION: Design and construct 1,600 LF of 15" and 12" sanitary sewer from Strander Blvd. to 1 -40 5 in Andover Park E. JUSTIFICATION: Sewer improvement will provide additional capacity for future development along Andover Park East. STATUS: Project will overlay Andover Park East from Strander Blvd to 1-405 in 2017. MAINT. IMPACT: COMMENT: Construction is scheduled for 2016 from Strander Blvd to Tukwila Parkway. FINANCIAL {in $000's) Through Estimated 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Project Location _ r= LJ zc ' ,e a, �'T 1 no re - 0 ` -Vii...: �� , l l , i.. eYp li �,�,,».. F i Design 47 43 ��._. 90 Land (RAN) 0 Const. Mgmt. 206 50 r f r-- 256 Construction 1,626 500 2,126 TOTAL EXPENSES 47 1,875 550 0 0 0 0 0 0 2,472 FUND SOURCES Awarded Grant 0 Proposed PWTF/Bond 0 Mitigation Actual 0 Mitigation Expected 290 290 Utility Revenue 47 1,585 550 0 0 0 0 0 0 2,182 TOTAL SOURCES 47 1,875 550 0 0 0 0 0 0 2,472 2017 - 2022 Capital Improvement Program 42 77 Project Location _ r= LJ zc ' ,e a, �'T 1 no re - 0 ` -Vii...: �� , l l , i.. eYp li �,�,,».. F i ! I ppp --._. _. 5r 4 ��._. suo■ r f r-- 2017 - 2022 Capital Improvement Program 42 77 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number:16-103 CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and AECOM Technical Services, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform construction management services in connection with the project titled `Andover Park East Water Main and Sewer Replacements'. 2. Scone of Services. The Consultant agrees to perform the services, identified on Exhibit "A- 1" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement: Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending June 30, 2018, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon 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 no later than June 30, 2018 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 $90,000.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 43 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 rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised : 1-2013 44 Page 2 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability 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. CA revised : 1-2013 Page 3 45 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. Applicable Law: Venue: Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: AECOM Technical Services 710 5th Avenue, Suite 1000 Seattle, WA 98004 18. Entire Agreement: Modification. 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. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised : 1-2013 46 Page 4 DATED this day of , 20 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor By: : t 111 PrintedAame: /C11/11/ Title: ' Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1-2013 Page 5 47 48 Andover Park East City of Tukwila Exhibit A-1 SCOPE OF SERVICES Construction Management and Contract Administration Services for the Andover Park East Water Main and Sewer Replacements City of Tukwila AECOM Technical Services, Inc. ("Consultant") proposes to provide to the City of Tukwila, Washington ("Client") construction management services for the Andover Park East (APE) Water Main and Sewer Replacement Project (hereinafter called "Project"). These services will include inspection, construction management, and contract administration assistance for the project as detailed in the following: I. INTRODUCTION The following scope of services is based upon the assumptions outlined herein. Associated costs are detailed in EXHIBIT B- Rev 1. Assumptions: • Services will be performed in accordance with the Local Agency Guidelines (LAG) and the WSDOT Construction Manual. • Design by Others: It is understood and agreed that the Consultant did not prepare the Contract Documents for the project, and the Client will provide the Consultant the support of the Engineer -of - Record during the course of the Consultant's work. I. DETAILED SCOPE OF WORK Subtask 1 — Administration/Quality Control Consistent with the hours shown in EXHIBIT B — Rev 1, the Consultant shall provide overall project management and contract administration associated with the service agreement between the Consultant and the Client. This effort will include the following elements: 1.1 Prepare of Consultant invoicing and progress reporting to the Client. 1.2 Perform internal administration of the Consultant's Task Order. 1.3 Prepare any supplements to the Consultant's Task Order. 1.4 Make periodic field visits and conduct project reviews for the quality of services provided by AECOM and consistency with AECOM's project quality plan. Subtask 2 — Document Control Consistent with the hours shown in EXHIBIT B - Rev 1, the Consultant shall provide document control services including the following elements: 2.1 Process; track and archive construction records including: Inspectors Daily Reports (IDR's); Requests for Information (RFI's); Submittals; Requests for Approval of Materials (RAM's); Statements of Working Days. Consultant shall maintain submittal and RFI logs to track when documents are received and returned to the contractor. 2.2 Compile and review inspector pay quantity and force account records, and prepare monthly contractor progress pay estimates. 2.3 Review and archive project record documentation associated with prevailing wage reporting, including Requests to Sublet, Intents to Pay Prevailing Wage, Certified Payroll, Affidavits of Wages Paid, and Contractor employee wage interviews. Page 1 of 5 Updated: 3/5/2018 49 Andover Park East City of Tukwila 2.4 Review and archive Certificates of Materials Origin tracking and reconcile against the Projects Record of Materials prepared by others. 2.5 Attend and provide minutes for up to 26 weekly contractor construction progress meetings. 2.6 Maintain a material testing log that tracks the test date, type of material test, test result, specification requirement and action taken if a failed result is received from the material testing consultant. 2.7 Maintain a list of approved change orders and potential change orders. Potential change orders will have a force account estimate of the extra work related to that item(s), until an approved change order is executed. Subtask 3 — Field Inspection The Consultant shall provide construction inspection services consistent with the hours shown in EXHIBIT B - Rev 1. This effort will include the following elements: 3.1 Prepare daily construction reports recording the contractor's operations performed for each day the Consultant is on site; measure the quantities of materials installed, log equipment and staff present, weather conditions, and any observed problems or construction issues. 3.2 Prepare Daily Payment Notes, Statements of Working Days, and Force Account Records (if necessary). 3.3 Respond to contractor questions which may arise as to the quality and acceptability of furnished materials or work performed per the requirements of the construction contract documents. 3.4 Respond to general questions raised by adjacent property owners, businesses, or general public. Complaints or detailed questions shall be referred to the Client. 3.5 Prepare field records and documents in accordance with Projects Record of Materials. 3.6 Coordinate with Resident Engineer and Client for changes and updates to the ROM. 3.7 For each day the Consultant is on site, provide photographs of traffic control set-up and work activities during the course of construction. Photographs will be in digital format and cataloged by date. 3.8 Facilitate the Contractor's coordination with existing utilities within the project boundaries. 3.9 Review the Record of Materials (ROM) against the material testing results provided by the Project's material testing consultant, and advise the Contractor accordingly. 3.10 Monitor the Contractor's compliance with water quality permits and the requirements of the TESC and SPCC Plans. 3.11 Attend added weekly construction meetings due to extended contract time. (WORK COMPLETE BUT UNPAID ADDED COSTS ARE INCLUDED) 3.12 The Construction Inspector shall review monthly pay estimates with the Contractor and provide recommendations to the Resident Engineer and Client. (WORK COMPLETE BUT UNPAID ADDITIONAL COSTS EXPENDED FOR THIS DUE TO ADDITIONAL PAY ESTIMATES ON THE PROJECT IS INCLUDED) 3.13 Verify Contractor provided markups accuracy and forward to the Client. The Consultant Inspector will track and record field changes on drawings and use this information to verify the Contractor's construction record drawings. 3.14 Participate in the Project's final inspection and assist in developing a list of any remaining deficiencies. (WORK COMPLETE BUT UNPAID COSTS ARE INCLUDED) 3.15 For the days present on site, the construction inspector shall observe day-to-day construction activities. By providing inspection oversight, the Consultant shall assume no responsibility for proper construction techniques or job site safety but will report to the Contractor and Client any known public safety concerns immediately. The presence of the Consultant's personnel at the Page 2 of 5 50 Updated: 3/5/2018 Andover Park East City of Tukwila construction site is for the purpose of providing to the Client a greater degree of confidence that the completed work will generally conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Construction Contractor. 3.16 The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor, but cannot guarantee the Contractor's performance and shall not be responsible for construction means, methods, measurements, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the Construction Contractor and any subcontractors. Subtask 4 — Construction Management Provide construction management services, consistent with the hours shown in EXHIBIT B — Rev 1. This effort will include the following elements: 4.2 Supervise the Consultant's field personnel assigned to the project. 4.3 Liaison between the Contractor's management and the Client's management personnel, acting as the direct point of contract for both parties. 4.4 Review and approve daily construction reports prepared by the construction inspector. 4.5 Respond to contractor questions which may arise as to the quality and acceptability of furnished materials, work performed, and to general questions raised by adjacent property owners or general public. 4.6 Facilitate coordination between the Contractor, Client and project stakeholders regarding status and issues of construction activities. 4.7 Chair additional weekly construction meetings. (WORK COMPLETE BUT UNPAID ADDED COSTS ARE INCLUDED) 4.8 Prepare official correspondence to the Contractor and issue upon the Client's approval. 4.9 Review monthly pay estimates with the Contractor and provide recommendation to the Client for release of payment. 4.10 Supervise contract close-out activities including as -built drawings, final payment, and completion notices. Consultant shall provide the Client, at contract close-out, construction records to the all applicable funding agencies. 4.11 The Consultant shall assume no responsibility for proper construction techniques or job site safety but will report to the Contractor and Client any observed public safety concerns immediately. The presence of the Consultant's personnel at the construction site is for the purpose of providing to the Client a greater degree of confidence that the completed work will generally conform to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction Contractor. 4.12 The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor, but cannot guarantee the Contractors' performance and shall not be responsible for construction means, methods, measurements, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor and any subcontractors. Subtask 6 — Materials Testing The Consultant will retain a materials testing subconsultant to perform soil and concrete testing which includes: gradations, in-place density, Proctor compaction tests, concrete air entrainment, concrete test cylinders, and asphalt composition. These services are budgeted as an allowance and the actual costs of Page 3 of 5 Updated: 3/5/2018 51 Andover Park East City of Tukwila the testing effort may vary. The Consultant shall advise the Client regarding the status of the materials testing budget to allow funds to be added or removed as necessary. In addition to traditional materials testing, Contaminated Materials from the project site were discovered. The Consultant retained a firm to perform testing on potentially contaminated materials. The Consultant performed additional services for sampling, analysis, and disposal permitting. THIS TASK'S WORK IS COMPLETE BUT UNPAID COSTS ARE INCLUDED. Subtask 7 — Archaeological Monitoring and Inadvertent Discovery Plan and Field Monitoring. The Consultant shall prepare Archaeological Monitoring and Inadvertent Discovery Plan to the Washington State Historic Preservation Officer (SHPO), Department of Archaeology and Historic Preservation (DAHP) and the Tribes. The Plan shall address the required response by the contractor and project team for a potential intersection of the construction work with pre -contact archaeology or human remains. The plan shall be based upon previous archeological surveys by others. The draft plan shall be submitted to DAHP and the Tribes for comment and subsequently finalized. At the conclusion of open cut excavation activities, the Consultant shall prepare a final report summarizing the findings of the monitoring effort. The Consultant shall provide a qualified archaeological monitor during open cut excavation activities by the Contractor. This person shall be responsible for monitoring the Contractor's compliance with the Archaeological Monitoring and Inadvertent Discovery Plan, and to be available to respond to related Contractor questions. The monitor shall not enter the excavation without the specific direction by the Consultant's Resident Engineer. THIS TASK'S WORK IS COMPLETE BUT UNPAID COSTS ARE INCLUDED. Subtask 8 — Change Order Resolution The Consultant shall provide services for preparing change order packages consistent with the hours shown in Exhibit B — Rev 1, this includes independent cost estimates (ICE), change order forms; and, force account records. Subtask 9 — Claims/Disputes Support Consultant will use existing records from construction to summarize remaining dispute items for reconciliation between Contractor and the City of Tukwila and coordinate/attend one meeting to try to resolve these issues equitably. Ill. Consultant Deliverables; including but not limited to: Inspector Daily Reports ii. Construction Photographs iii. Weekly Meeting Minutes and Agendas iv. Submittal, RFI, and Material Testing Logs v. Change Order Log vi. Monthly Contractor Pay Requests with field note record and quantity documentation vii. Punch -lists and tracking documentation viii. All Project Records received from the Contractor described under Subtask 2 ix. Other records generated as a result of this Contract, when requested by the Client, or as deemed necessary by a public record request. Page 4 of 5 52 Updated: 3/5/2018 Andover Park East City of Tukwila IV. Responsibilities of the Client Provide CM oversight and approval authority for all construction activities. ii. Manage the Designer -on -Record team as part of the Project Designer's on-call design support and architectural submittal review. iii. Process all contract documents through the City's approval process (e.g. CM services invoices, construction contract, monthly pay estimates, change order execution, cost reduction proposals, time extensions, etc.). iv. Provide preferred forms and formats, and filing structure to the Consultant. v. Oversee the Consultant on conducting schedule evaluation, monitoring, and evaluate Time Impact Analysis for changes. vi. Provide and assist the Consultant in utility coordination with third -party utilities under project specific or franchise agreements. vii. Provide operations & maintenance interface with other City Staff for ongoing project issues. Page 5 of 5 Updated: 3/5/2018 53 54 APE Water Sewer Replacement Exhibit B - Rev 1 Estimate 2 months remaining for closeout. Estimated Hours to Complete Project 1 Admin/QC Hours to complete Raw Rate (Payroll Rate) Raw Total Billing Rate 2 hours 9 hours 10.25 hours 5 hours 5 hours 4 hours 100.51 $ 86.20 $ 29.64 $ 34.06 $ 30.52 88.79 $ 201.02 775.80 303.81 170.30 152.59 355.14 $ 270.51 bill rate $ 232.00 bill rate $ 79.77 bill rate $ 91.67 bill rate $ 82.14 ''bill rate $ 238.96 bill rate Loaded Total Employee Fillis - Expended Bardwell - Expended Coughlin - Expended Epperson - Expended Coughlin Bardwell 541.03 2,087.99 817.67 458.35 410.69 955.83 35.25ITotal Hours 2 - Doc Control Hours to complete 99.5 hours 151 40 hours 290.5:, Total Hours 3 - Inspection Hours to complete 189 hours 12.5 hours $ 16 hours $ Raw Rate (Payroll Rate) $ 33.66 31.96 36.00 1,958.67 Total Loaded (revenue) !, Raw Total Billing Rate $ 3,349.17 $ 82.37 bill rate $ 4,825.96 $ 86.02 bill rate $ $ 1,440.00 $ 96.89 bill rate ; $ $ 9,615.13 Total Loaded (revenue) ! 1 $ $ 5,271.56 Loaded Total 8,195.42 12,988.59 3,875.62 25,059.62 Raw Rate (Payroll Rate) Raw Total Billing Rate $ 58.09 $ 10,979.01 33.66 58.67 $ 142.15 bill rate 82.37 938.72 $ 143.57 bill rate Employee Juan - Expended Shinsato - Expended Shinsato Loaded Total Employee $ 26,865.64 Vaughn - Expended 5 1,029.58 Juan - Expended $ 2,297.05 Vaughn 217.5ITotal Hours 4 - Construction Management Hours to complete Raw Rate (Payroll Rate) $ 11,917.73 Total Loaded (revenue) I $ 30,192.26 Raw Total Billing Rate Loaded Total Employee 30.5lhours 16 hours I $ 86.20 I $ 2,629.10 $ 232.00 'bill rate' I $ 88.79 j $ 1,420.58 I $ 238.96 bill rate I $ 7,075.96 Bardwell - Expended 3,823.34 ;Bardwell 0.5'Total Hours 7 - Arch Monitoring Hours to complete $ 2,629.10 Total Loaded (revenue) Raw Rate (Payroll Rate) Raw Total Billing Rate Is 7,075.96 Loaded Total Employee 6i hours 44.34; $ 266.05 $ 9.5 hours 2.5 hours 7 hours 1 hours 8 hours COI Labor Costs 34 Is $ 58.67;$ 28.70$ 119.34 bill rate $ 716.04 Butler - Expended 557.37 $ 143.57 bill rate I $ 71.74 $ 77.23 bill rate $ 235.62 $ 82.37 bill rate I $ 576.56 63.40 $ 170.63 bill rate $ 170.63 33.66 $ 1,363.87 Becker - Expended 193.08 Bergeson - Expended 63.40j$ 28.70 j $ 229.57 $ 77.23 bill rate 617.86 Kline - Expended McDaniel - Expended McLandrich - Expended Total Hours 8 - Change Order Resolution Hours to complete $ 1,423.74 Total Loaded (revenue) Raw Rate (Payroll Rate) Raw Total Billing Rate $ 626.00 Expended Monitoring Laboi 'Loaded Total Employee 32 hours 40 hours 88.79 $ 2,841.15 36.00. $ 1,440.00 $ 238.96 bill rate $ 96.89 bill rate 7,646.68 3,875.62 Bardwell Shinsato 721 Total Hours 4,281.15 Total Loaded (revenue) 11,522.29 55 9 - Contaminated Materials Hours to complete Raw Rate (Payroll Rate) Raw Total Billing Rate Loaded Total Employee 5.5 hours $ 37.77 $ 207.74 ' $ 101.65 bill rate I $ 559.10 Cabanillas - Expended 1.5 hours $ 30.04 $ 45.06 $ 80.85 bill rate I $ 121.27 Ellenberger - Expended 8 hours $ 38.27 $ 306.16 $ 103.00 bill rate j I $ 824.00 Garner - Expended 1.5 hours $ 29.68 $ 44.52 $ 79.88 bill rate $ 119.82 Gebel - Expended 6.75 2.5 hours $ 27.17 $ 183.40 $ 73.13 bill rate $ 493.60 Holmes - Expended _ hours $ 31.78 $ 79.45 $ 85.53 bill rate $ 213.83 Panteleeff - Expended 5�hours $ 63.40 $ 317.00 $ 170.63 bill rate - $ 853.17 Raubvogel - Expended ANALYTICAL TESTING $ 720.00 30.75'Total Hours 56 1,183.32 Total Loaded (revenue( ETC - Materials Testing ETC 00C Total Additional Costs $ 2,425.00 $ 5,000.00 94,715.54 - Remaining Budget = $ 4,775.65 recent invoice Vehicles and supplies Amount remaining after most Added Budget Required = $ 89,939.89 Use $90,000 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes March 26, 2018 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Thomas McLeod, Chair; De'Sean Quinn, Zak Idan Staff: David Cline, Henry Hash, Mike Ronda, Ryan Larsen, Mike Cusick, Greg Villanueva, Gail Labanara, Peter Lau, Steve Carstens, Laurel Humphrey CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. NPDES Program 2017 Annual Report and 2018 Stormwater Management Program Plan Staff provided an overview of the National Pollutant Discharge Elimination System (NPDES) 2017 Annual Report and 2018 Stormwater Management Program (SWMP) Plan. The Annual Report reflects activities completed in 2017. The SWMP Plan is required by the NPDES Program to show that the City complies with requirements outlined in the NPDES Phase II permit, and contains elements such as public education and outreach, public involvement and participation, illicit discharge detection and elimination, runoff control, municipal operations and maintenance, compliance with maximum daily load requirements, and monitoring and assessment. Committee members discussed the importance of public education and awareness of stormwater fees and how they benefit the community. Staff will work with Chair Mcleod on an editorial for the local press. DISCUSSION ONLY. B. Contract Amendments: GIS Services for Water, Sanitary Sewer & Surface Water Staff is seeking Council approval to amend two contracts with David Evans and Associates for GIS services for the Water, Sanitary Sewer, and Surface Water Systems. These amendments, in the amount of $124,581.00 forthe 2018 Sanitary Sewer and Surface Water, and $99,825.40 forthe Water GIS Survey, will update existing GIS databases to address new construction and discrepancies. David Evans and Associates was selected from three firms rated on the strength of its previous work for the City. UNANIMOUS APPROVAL. FORWARD TO APRIL 2, 2018 REGULAR CONSENT AGENDA. C. Contract: Andover Park East Water & Sewer Replacement Construction Management Staff is seeking Council approval of a contract with AECOM Technical Services in the amount *of $90,000.00 for construction management services for the Andover Park East Water and Sewer Replacement Project. Several issues were discovered during construction that were not included in the original scope of services, and this proposed contract will allow finalization of payments and project closeout. The final total amount for construction management services is $622,893.84 and under the $640,000 budget. UNANIMOUS APPROVAL. FORWARD TO APRIL 2, 2018 REGULAR CONSENT AGENDA. 57 58 COUNCIL AGENDA SYNOPSIS l uitial.c ilfee/iap Date Prepared by Mayor's review Council review 03/26/18 RB (�'{ tllotion Date 4/2/18 04/02/18 RB '':( (;1 ❑ Other Altg Date C.vI'I.GORY 11 Discussion ►1 Mrs Date Aftg SPONSOR ❑Council HR ❑DCD ❑Iinan•e ❑Fire TS Pe'R ❑Police ❑PIF ❑Court ITEM INFORMATION ITEM No. 4.E. STAN, SPoNSoIt: RACHEL BIANCHI ORIGP\.AI, AGI•:NI).A D.ATI•.: 3/26/18 AGI:N1).\ I rr.ni Trr1.1? Contract amendment for topographical survey services for Fire Station 54 and the Justice Center 3/26/18 tllotion Date 4/2/18 ❑ Resolution .111g Date ❑ Orcimance Altg Date ❑ Bid_F1noatrd Alts Date ❑ PublicNeaitp Alts Date ❑ Other Altg Date C.vI'I.GORY 11 Discussion ►1 Mrs Date Aftg SPONSOR ❑Council HR ❑DCD ❑Iinan•e ❑Fire TS Pe'R ❑Police ❑PIF ❑Court ►1P1iayor SPC)NSolt'S The Council is being asked to approve a contract amendment with BRH for topographilcal SU\1.\L\RV surveys of the new Fire Station 54 site and Justice Center. This would increase their contract by $64,100 for a total of $131,000. BRH has previously done ALTA surveys for all of the Public Safety Plan sites. RI:A II•No,u By ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. DATE: 3/19/18 COMMITTEE CHSAIR: HOUGARDY Public Safety Comm. ❑ Planning Comm. RECOMMENDATIONS: SI( ' sr)R/AD.v1IN. COnIa111 Mayor's Office 1-I:I,. Unanimous Approval; Forward to C.O.W. COST IMPACT / FUND SOURCE I xI I{N1)ITUR1: RI:QUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: PUBLIC SAFETY BONDS Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/26/18 Forward to Regular Meeting MTG. DATE ATTACHMENTS 3/26/18 Informational Memorandum dated 3/14/18 Proposed Contract Amendment BRH Proposal for Topographical Survey Services Minutes from the Public Safety Committee meeting of 3/19/18 4/2/18 No attachments c,, 60 COUNCIL AGENDA SYNOPSIS 1 nitiale Meeting Dale Prepared by Mayor'.' revie Council review 03/26/18 BJM Safety Plan ill 04/02/18 BJM ❑ Bid_davard tlleg Date �,ry ❑ Other MIg Date C.vIi:GORY ►1 Discussion ►1 Resolution A1tg Date AItg Dale 4/2/18 SPONSOR ❑Council ❑IIR ❑DCO ❑Finance Fire ❑TS' ❑P&R ❑Police ❑PW Court ►4Mayor ITEM INFORMATION ITEM No. 4.F. STAFF SPONSOR: BRANDON MILES ORRIIN,U. ACI:NI)a DX1E: 3/26/18 AGNNin I I i :Ni TIT LF: Leases associated with the Public Safety Plan 3/26/18 ❑ Motion Meg Date ❑ Ordinance Altg Dale ❑ Bid_davard tlleg Date ❑ Public hearing ,Ift Date ❑ Other MIg Date C.vIi:GORY ►1 Discussion ►1 Resolution A1tg Date AItg Dale 4/2/18 SPONSOR ❑Council ❑IIR ❑DCO ❑Finance Fire ❑TS' ❑P&R ❑Police ❑PW Court ►4Mayor SPONSOR'S Adopting a City Council Resolution authorizing the Mayor (or designee) to enter into short SIrnI\I:\RY term leases on properties acquired by the City for the new Justice Center and combined Public Works Shop. Ri:vII:wI,:u BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. DATE: 3/19/18 COMMITTEE CHAIR: 11 Public Safety Comm. ❑ Planning Comm. HOUGARDY RECOMMENDATIONS: SI'oNs()R/;11)mIN. COMMI City Adminstration iii a: Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ElPl?NDITURK RI.IQUIRPD AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 3/26/18 Forward to Regular Meeting MTG. DATE ATTACHMENTS 03/26/18 Informational Memorandum, dated 3/13/18 Draft Resolution Minutes from Public Safety Meeting of 3/19/18 4/2/18 Resolution 121 62 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO LEASE AGREEMENTS FOR THE PROPERTIES ANTICIPATED TO BE ACQUIRED AS PART OF THE CITY'S PUBLIC SAFETY PLAN PROJECT. WHEREAS, on November 6, 2017, the Tukwila City Council adopted Ordinance No. 2554, which identified locations for siting of the City's new combined Public Works shops facility and a Justice Center ("the Properties"), both of which are part of the City's Public Safety Plan projects; and WHEREAS, the City is currently in the process of acquiring the Properties, either through voluntary agreements or condemnation proceedings; and WHEREAS, there are businesses currently operating on many of the Properties; and WHEREAS, the City desires to lessen the impacts to the businesses operating on the Properties; and WHEREAS, the Revised Code of Washington (RCW) Chapter 35A.11 grants the Tukwila City Council the authority to lease City -owned property; and WHEREAS, the Tukwila City Council desires to delegate its authority to lease to the Mayor, in limited circumstances set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Lease Authority Delegated. The Tukwila City Council delegates its authority to lease City property to the Mayor or his or her designee. W:\Word Processing\Resolutions\Lease agreements authorized on PW shops and Justice Center 3-12-18 BM:bjs Page 1 of 2 63 Section 2. Property Limitation. This delegation of authority to lease City property from the Tukwila City Council to the Mayor shall only apply to the Properties acquired for the new combined Public Works shops facility and the Justice Center, as identified in Ordinance No. 2554, adopted by the City Council on November 6, 2017. Section 3. Expiration. Unless extended by the Tukwila City Council, the authority granted to the Mayor herein shall terminate on December 31, 2020. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney W:\Word Processing\Resolutions\Lease agreements authorized on PW shops and Justice Center 3-12-18 64 BM:bjs Page 2 of 2 COUNCIL AGENDA SYNOPSIS I nitiali Meetint Date Prepared by Mayor renew Council review 03/26/18 CL 0' 0 04/02/18 CL Cc" ;r-\___ ❑ Resolution Altg Date ❑ Bid (ward Alig Date ❑ Other .11tg Date CA.I.Nt;t)RY ►1 Discussion 11 Ordinance .1 Public Hearing .11tg Date lltg Date 4/02/18 ITEM INFORMATION ITEM No. 5.A. STAFF SPONSOR: CAROL LUMB ORIGIN.U.:1UNNI).A D.A'I'I:: 3/26/18 Acl:NI).\ I'I i :Ni TITLE Revisions to TMC 18.06, Definitions, regulations and TMC 18.54, Urban Forestry and Tree 03/26/18 ❑ :1 itg Motion Date ❑ Resolution Altg Date ❑ Bid (ward Alig Date ❑ Other .11tg Date CA.I.Nt;t)RY ►1 Discussion 11 Ordinance .1 Public Hearing .11tg Date lltg Date 4/02/18 11(g Date 03/26/18 SPONSOR ❑Council ❑Mayor ❑I'inan e ❑Fire TS ❑Pc_27R ❑Police PII- ❑Court 71 IR IIDCD SPONSOR'S Revisions to TMC 18.06, Definitions, to update landscaping and urban forestry terminology SuNImARY and revisions to TMC 18.54, Urban Forestry and Tree regulations to implement Comprehensive Plan goals and policies on urban forestry and tree canopy. The Council is being asked to hold a public hearing on the two draft ordinances and then consider and approve the ordinances at its regular meeting on 4-2-18. RI1V'II.A\ I?I) BY ❑ C.O.W. Mtg. ❑ Trans &Infrastructure DATE: 2/13/ .1 CDN Comm ❑ Finance Comm. ri Public Safety Comm. ❑ Parks Comm. ❑ Planning Comm. COMMTI"TEE CI FUIR: KRULLER ❑ Arts Comm. & 2/27/ 18 RECOMMENDATIONS: SIB)NSOR/AI)nIIN. CONI\n'I"I Department of Community Development I:I I Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE E\PI:.NDITURI? RI:OUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/26/18 Forward to Regular Meeting MTG. DATE ATTACHMENTS 03/26/18 Informational Memorandum dated 03/15/18 Ordinance Revising TMC 18.06, Definitions Ordinance Revising TMC 18.54, Urban Forestry and Trees 2/13 & 2/27/18 Community Development and Neighborhoods Committee mtg minutes Binder (**for those who have already received the binder, please bring to meeting) 4/2/18 Ordinances with changes from 3/26 C.O.W. with updated Info Memo __r_ 66 TO: FROM: BY: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Members of the Tukwila City Council Nora Gierloff, Deputy Director, Department of Community Development Carol Lumb, Senior Planner CC: Mayor Ekberg DATE: March 28, 2018 SUBJECT: Update of TMC 18.06. Definitions and TMC 18.54. Tree Reaulations ISSUE Adopt updated tree regulations to implement new urban forestry Comprehensive Plan goals and policies and add Zoning Code definitions that address urban forestry and landscaping terminology. BACKGROUND The City Council held a public hearing March 26, 2018 on the Tukwila Tree and Environment Advisory Committee and Planning Commission recommended tree regulations and revisions to the definitions found in TMC 18.06 related to urban forestry and landscaping. No members of the public testified at the hearing, however, an email was received from Greg and Vanessa Zaputil attaching comments they submitted to the Planning Commission on January 10th and January 24, 2018, during the Commission's review of the draft regulations. These comments can be found in the Council's notebook, under Tab IV, as follows: • January 10, 2018 email and comments: Tab IV, page 62 • January 24, 2018 email and comments: Tab IV, labeled IV. A. (handed out at 1/25/18 Planning Commission public hearing on draft ordinances. • Staff summary responding to the comments are found in the draft Planning Commission minutes for the January 25, 2018 meeting, found at tab IV, labeled IV. E., page 6 of 9. DISCUSSION The Council did not make any changes to the draft ordinance amending TMC 18.06, Definitions. For the draft ordinance amending TMC 18.54, Urban Forestry and Tree Regulations, the Council directed that Section 5 of the ordinance, TMC 18.54.040 be revised to move "B. Single-family Tree Removal - Up to Four Trees." to the beginning of the section; "A. Permit Application." would then become "B. Permit Application." The section would be organized as follows: 18.54.040 Permit Submittal Requirements A. Single-family Tree Removal — Up to Four Trees. B. Permit Application. C. See Table B for the number of replacement trees required, if any. D. Permit Materials Waiver. E. Permit Application Fee. CL 3/28/2018 11:36 AM W.11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree CodelCouncil Review14-2-18 Info Memo 67 INFORMATIONAL MEMO March 28, 2018 Page 2 Staff is proposing a technical amendment to the draft ordinance amending TMC 18.54 to address the Washington State Forest Practices Act, which governs properties growing timber for commercial harvesting purposes. The amendment proposes a new exemption from the proposed tree regulations as follows: TMC 18.54.030 C. Tree Removal Exemptions: New exemption: 6. Removal of trees as allowed with a Class I-IV forest practices permit issued by the Washington State Department of Natural Resources. Should there be any site in Tukwila regulated under the Forest Practices Act that applies to harvest timber, the timber removal would be regulated by the Washington State Department of Natural Resources, which has its own permit and review process for timber harvesting. FINANCIAL IMPACT No financial impact. RECOMMENDATION Review the Council -revised regulations from the Committee of the Whole meeting on March 26, 2018 and adopt the revisions to TMC 18.06 and TMC 18.54. ATTACHMENTS 1. Draft Ordinance amending TMC 18.06, Definitions. 2. Revised Draft Ordinance amending TMC 18.54, Tree Regulations, reflecting recommended changes by the Community Development and Neighborhoods Committee. **Please bring your notebook labeled "Tukwila City Council Review, Revisions to TMC 18.06, Definitions, and Revisions to TMC 18.54, Urban Forestry and Tree Regulations to the April 2, 2018 Council meeting. CL 3/28/2018 11:36 AM 68 W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree CodelCouncil Review14-2-18 Info Memo 3-26-18 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADDING AND REVISING DEFINITIONS RELATED TO TREES, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06, TO REFLECT BEST PRACTICES; REPEALING DEFINITIONS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06 THAT ARE NO LONGER NEEDED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has adopted Comprehensive Plan goals and policies on urban forestry and landscaping; and WHEREAS, the City has adopted new landscaping and tree regulations to implement the Comprehensive Plan goals and policies on urban forestry and landscaping; and WHEREAS, the Definitions found in Tukwila Municipal Code (TMC) Chapter 18.06 must be updated to include terminology that reflects best practices in the landscaping and arboriculture industry; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments to TMC Chapter 18.06, "Definitions;" and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60 -day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 1 of 9 69 70 WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on March 26, 2018, to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: At -Risk Tree "At -Risk Tree" means a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. Section 2. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.125, "Caliper," is hereby amended to read as follows: Caliper "Caliper" means the AmericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six inches above the ground for up to and including four -inch caliper size trees, and 12 inches above ground for larger size trees. Section 3. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.135, "Canopy Cover," is hereby amended to read as follows: Canopy Cover "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City of Tukwila's Recommended Tree List. Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.140, "Certified Arborist," is hereby amended to read as follows: Certified Arborist See "Qualified Tree Professional". W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 2 of 9 Section 5. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Critical Root Zone "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk that is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a Qualified Tree Professional. Example: A 24 -inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter. Section 6. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches. Section 7. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Dead Tree "Dead Tree" means a tree with no live crown and no functioning vascular tissue. Section 8. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.220, "Diameter/Diameter-Breast-Height (d.b.h.)," is hereby amended to read as follows: Diameter at Breast Height (DBH) "Diameter at Breast Height (DBH)" means the diameter of existing trees measured four and one-half feet above the ground. Section 9. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Dripline "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater. Section 10. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Exceptional Tree "Exceptional Tree" means a tree that is at least 18 inches in diameter (DBH). For trees with two stems, if the stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 3 of 9 71 72 Section 11. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Heritage Tree or Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Section 12. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Invasive Plant and Tree List "Invasive Plant and Tree List" means the City of Tukwila's list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights-of-way. Section 13. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Invasive Tree "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco -system. Section 14. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Landscape Design Professional "Landscape Design Professional" means a landscape architect licensed by the State of Washington or an individual who has graduated from an accredited landscape design program. Section 15. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.490, "Landscaping or Landscaped Areas," is hereby amended to read as follows: Landscaping or Landscaped Areas "Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In addition, landscaping or landscaped areas may serve as bioswales to reduce storm water runoff, subject to the standards of this chapter and TMC Chapter 14.30. Section 16. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 4 of 9 Section 17. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures including, but not limited to, sidewalks; curbs; the surfaces of streets, parking lots, and driveways; underground utilities; or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. Section 18. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.650, "Protection Measure," is hereby amended to read as follows: Protection Measure "Protection measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Permit. Section 19. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.651, "Protective Fencing," is hereby amended to read as follows: Protective Fencing "Protective fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation, which is required by a Tree Permit or approved landscaping plan. Section 20. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Pruning "Pruning" means the cutting or limbing of tree or shrub branches as specified in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". Section 21. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Qualified Tree Professional "Qualified Tree Professional" means an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington. A Qualified Tree Professional preparing tree valuations shall have the W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 5 of 9 73 74 necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. Section 22. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Risk "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. Section 23. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 1775 §1 and 1758 §1 (part), as currently codified at TMC Section 18.06.775, "Significant Tree," are hereby amended to read as follows: Significant Tree "Significant Tree" means a single -trunked tree that is six inches or more in diameter (DBH), or a multi -trunked tree with a diameter of two inches or more on any trunk (such as willows or vine maple). Section 24. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Site Disturbance "Site disturbance" means any development, construction, or related operation that could alter the subject property, including, but not limited to, soil compaction including foot traffic; tree or stump removal; road, driveway or building construction; installation of utilities; or grading. Section 25. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting property. Section 26. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Target or Risk Target "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 6 of 9 Section 27. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Topping "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. Section 28. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Risk Assessment "Tree risk assessment" means the systematic process to identify, analyze and evaluate tree risk prepared by a Qualified Tree Professional in accordance with the latest version of the International Society of Arboriculture (ISA) Best Management Practices Guide. Section 29. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Risk Assessor "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target, and determines options for treatment or mitigation. Section 30. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as currently codified at TMC Section 18.06.845, "Tree," is hereby amended to read as follows: Tree "Tree" means any self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity, that is recognized as a Tree in the nursery and arboricultural industries. Section 31. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.850, "Tree Clearing Permit," is hereby amended to read as follows: Tree Permit "Tree Permit" means a permit issued by the Director authorizing tree removal activities, or work that may impact the Critical Root Zone, pursuant to the general permit provisions of this title. W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL: bjs Page 7 of 9 75 76 Section 32. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Removal "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, poisoning or filling; excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. Section 33. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Viable Tree "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure; is relatively Windfirm if isolated or exposed; and is a species that is suitable for its location and is therefore worthy of long-term retention. Section 34. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Windfirm "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined can withstand normal winter storms or surrounding tree removal. Section 35. Repealer. Ordinance No. 1758 §1 (part), as currently codified in TMC Chapter 18.06, "Definitions," at the following sections, is hereby repealed: Section 36. Repealer. Ordinance No. 2347 §39, as currently codified in TMC Chapter 18.06, "Definitions," at the following section, is hereby repealed: Section 37. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 38. 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. W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 8 of 9 Section 39. 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 , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 9 of 9 77 78 NOTE: Shaded text on Pages 5 and 6 reflects changes made per Council review at the 3-26-18 C.O.W. Meeting, and to address regulations per the State's Forest Practices Act. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1770 §32 AND 1758 §1 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 18.54, "TREE REGULATIONS," TO ESTABLISH NEW REGULATIONS RELATED TO URBAN FORESTRY AND TREES; REPEALING ORDINANCE NO. 2291; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila's current tree regulations were adopted in 1995, with minor amendments since that time; and WHEREAS, the Comprehensive Plan recognizes trees for their benefits to the environment, urban infrastructure and their aesthetic value; and WHEREAS, the Comprehensive Plan directs that the benefits of trees be factored into site design and permit decisions; and WHEREAS, the Comprehensive Plan directs that City regulations be revised to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions; and WHEREAS, the Comprehensive Plan directs the development of an "exceptional" or "heritage" tree program to foster tree appreciation in the community; and WHEREAS, Comprehensive Plan goals and policies establish tree canopy goals for all zoning districts; and WHEREAS, the Comprehensive Plan directs that tree retention be promoted throughout the City in part by prohibiting tree removal on undeveloped property without an approved development or other land use permit; and WHEREAS, it is important that required replacement trees at maturity have equivalent or larger canopies than the removed trees, except where existing or future infrastructure and/or public or private utilities impede the planting of large trees; and W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 1 of 21 79 WHEREAS, the Comprehensive Plan requires that criteria be established for professional assessment and corrective actions by property owners who damage code - required street trees or other required trees by topping, poor pruning practices or root disturbance; and WHEREAS, where required trees cannot be accommodated on-site, procedures for off- site planting of replacement trees or payment into a dedicated tree fund should be established; and WHEREAS, increasing the amount of tree canopy throughout the City supports the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit; and WHEREAS, this chapter is intended to apply to the sensitive areas otherwise regulated by Tukwila Municipal Code Chapter 18.45 until such time as the sensitive area regulations are amended to explicitly provide for tree protection in sensitive areas within that chapter; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations, and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60 -day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on March 26, 2018, to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 80 Page 2 of 21 Section 1. Chapter Title. Ordinance No. 1758 §1 (part), as codified at Tukwila Municipal Code (TMC) Chapter 18.54, is hereby amended to retitle the chapter as follows: CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria, General 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance Standards 18.54.170 Heritage Trees and Heritage Groves 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement Section 2. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.010, is hereby amended to read as follows: 18.54.010 Purpose A. The purpose of this chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the City; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. B. In particular, the purpose of this chapter is to: 1. Protect existing trees prior to and during development; 2. Establish protections for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 3 of 21 81 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. Section 3. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.020, is hereby amended to read as follows: 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees within the City of Tukwila, except for removal of trees governed by TMC Chapter 18.44, "Shoreline Overlay." Section 4. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.030, is hereby amended to read as follows: 18.54.030 Tree Permit Required A. Permit Required. 1. A Tree Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any these trees within the City, unless the action is exempt from this chapter. 2. A Tree Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown in a two-year period. 3. A request for an exception to the requirements of the chapter shall be processed under a Tree Exception Permit. B. Tree removal on undeveloped lots is prohibited. C. Tree Removal Exemptions. The following activities are exempt from the requirements of this chapter: 1. The removal of trees that are less than 6 inches in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 82 Page 4 of 21 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. Routine maintenance of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County, and routine maintenance within rights-of-way related to Interference, Sight Distance, Emergencies or Topping, as codified in TMC Chapter 11.20. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two-year period. 4. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high-risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Permit application within one week of the emergency action and replace tree(s) if required by this chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the Director. 5. The removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right- of-way. 6. Removal of trees as allowed with a Class I-IV forest practices permit issued by the Washington State Department of Natural Resources. Section 5. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.040, is hereby amended to read as follows: 18.54.040 Permit Submittal Requirements BA. Single-family Tree Removal — Up to Four Trees. Except for Heritage Trees, the removal of 1-4 Significant Trees within any 36 -month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, subject to the requirements of Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: 1. Number of and size of trees to be removed. 2. The location of any affected utility lines within the overhead "fall zone" or other built infrastructure. 3. Photos of the tree(s) to be removed; 4. The method of removal and identification of contractor; and 5. Time schedule of tree removal. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 5 of 21 83 84 Table A Single Family Tree Removal Requirements Trees (DBH) # of Trees in 36 month period that can be removed Tree Permit? Qualified Tree Professional Report? 6-8" 4 Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18" 1 Yes No AB. Permit Application. Prior to any tree removal, site clearing or work within the Critical Root Zone, a Tree Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal showing: a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; and b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2 -foot contour intervals; d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal showing: a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC Section 18.54.060. 3. Professional review or recommendation. All Tree Permits shall require a Qualified Tree Professional report unless otherwise stated in this chapter, or when the Director determines that tree clearing, site clearing or work within the Critical Root Zones may result in adverse impacts requiring remedial measures. A Qualified Tree Professional report is not required for the permitted removal of trees, other than Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. Third party review of the report or recommendation may be required. The report or recommendation shall address the following: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 6 of 21 a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on-site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. 4. A photo of the tree(s) to be impacted or removed. 5. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities that may affect on-site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. C. See Table B for the number of replacement trees required, if any. D. Permit Materials Waiver. The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this chapter or related regulations. E. Permit Application Fee. A Tree Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. Section 6. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.050, is hereby amended to read as follows: 18.54.050 Permit Approval Criteria, General All Tree Permit applications shall meet the criteria outlined below for approval. 1. Existing trees will be retained on-site to the maximum extent possible as required by TMC Section 18.54.060 and as recommended in the Qualified Tree Professional report, if applicable. 2. Tree protection will be implemented as required in TMC Section 18.54.070. 3. Tree replacement will be implemented as required in TMC Section 18.54.080. 4. Tree replacement funds will be deposited into the City of Tukwila Tree Fund, as described in TMC Section 18.54.100, if required. 5. A performance assurance will be submitted as required in TMC Section 18.54.110. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 7 of 21 85 Section 7. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.060, is hereby amended to read as follows: 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of buildings, parking or other elements of the proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. B. Topping of trees is prohibited and considered removal. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Low with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a Target or Risk Target; or d. Extreme risk. 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures, and potential for root or canopy interference with utilities. D. If the number of trees to be removed exceeds the permitted amount in a 36 - month period on a property zoned Low Density Residential and improved with a single- family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC Section 18.54.080 and Table B. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the tree removal. E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off-site tree replacement as required by this chapter. F. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 86 Page 8 of 21 G. The Department shall conduct a tree canopy assessment every five years from the date of the adoption of this chapter to ensure the tree canopy goals of the Comprehensive Plan are being met. Section 8. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.070, is hereby amended to read as follows: 18.54.070 Tree Protection Standards All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6 -foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC Chapter 18.54." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 9 of 21 87 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. Section 9. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.080, is hereby amended to read as follows: 18.54.080 Tree Replacement Standards When tree replacement is required, the site shall be planted with trees to meet the following minimum requirements: 1. Each existing Significant Tree removed, including removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree Fund. 2. Tree Replacement Ratios. Table B establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For properties zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36 -month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, are not required to be W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 88 Page 10 of 21 replaced. Trees determined to be Defective by the City or a Qualified Tree Professional, are not required to be replaced. 3. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement. Replaced trees that do not survive must be replanted in the next appropriate season for planting. 4. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Tree Fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off-site tree replacement may be allowed, subject to additional maintenance fees. TABLE B Tree Replacement Requirements Amount of Mature Tree Canopy Removed Equivalent Stature Tree Number of Replacement Trees Up to 500 sq. ft. Small Canopy Tree 1 501-1,000 sq. ft. Medium Canopy Tree 2 >1,001 sq. ft. Large Canopy Tree 3 5. Tree replacement shall also meet the standards in TMC Section 18.54.160. Section 10. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.090, is hereby amended to read as follows: 18.54.090 Tree Relocation Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. Section 11. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.100, is hereby amended to read as follows: 18.54.100 Tree Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table B cannot be accommodated on-site, the Director shall require payment into the Tree Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2 -inch caliper deciduous or 6 -foot evergreen tree; 2. The cost of labor to install a tree; W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 11 of 21 89 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, pursuant to TMC Section 18.54.160. Section 12. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.110, is hereby amended to read as follows: 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance, the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Permit, subject to the following provision: 1. Tree Protection Assurance. The applicant may be required to post a three year performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. 2. Tree Maintenance Assurance. Where replacement trees are required, the applicant may be required to post a one-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL: bjs 90 Page 12 of 21 protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the property and if the property is sold prior to the expiration of the one-year replacement tree maintenance bond, the developer shall assign the bond to the purchaser. 3. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. 4. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance - assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this chapter. 5. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. 6. Performance assurances provided in accordance with this chapter may be enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. Section 13. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.120, is hereby amended to read as follows: 18.54.120 Liability A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Permit, will be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 13 of 21 91 E. The applicant shall at all times protect improvements to adjacent properties and public rights-of-way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. Section 14. Ordinance No. 1770 §32, as currently codified at TMC Section 18.54.150, and Ord. No. 1758 §1 (part), as codified at TMC Section 18.54.130, are hereby amended to read as follows and recodified as TMC Section 18.54.130: 18.54.130 Permit Processing and Duration A. All Tree Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this chapter shall be processed as a Type 2 decision. B. If the Tree Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree permits expire one year after the date the permit is issued. Section 15. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.140, is hereby amended to read as follows: 18.54.140 Permit Exceptions A. Exception Procedures. An applicant seeking an exception from this chapter shall submit a Tree Exception Permit application in addition to the Tree Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the City. Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria: 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed tree removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 92 Page 14 of 21 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional at the expense of the applicant. Section 16. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.150, is hereby amended to read as follows: 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. Section 17. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.160, is hereby amended to read as follows: 18.54.160 Soil Preparation, Plant Material and Maintenance Standards A. Soil Preparation. 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with Best Management Practices including, but not limited to: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 4 -inch mulch - free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 15 of 21 93 B. Plant Material Standards. 1. Plant material shall be healthy, vigorous and well -formed, with well- developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on-site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full crown and be of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2 -inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case-by-case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning. 1. Pruning of trees should be (1) for the health of the plant material, (2) to maintain sight distances or sight lines, or (3) if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A300 specifications, as it now reads and as hereafter amended. No more than 25% of the tree canopy shall be pruned in any two-year period, except for fruit trees that are being pruned to increase harvest potential. 2. All protected and replacement trees and vegetation shown in approved Tree Permit shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. Section 18. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.170, is hereby amended to read as follows: 18.54.170 Heritage Trees and Heritage Groves A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 94 Page 16 of 21 B. Designation Criteria. A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. C. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. D. Heritage Tree or Heritage Grove Development Review. 1. When development is proposed for property that contains a Heritage Tree or Grove, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) or Grove may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) or Grove on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Tree(s) or Grove. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 17 of 21 95 b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one- year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the existing crown shall apply for a Tree Permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by a Qualified Tree Professional; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. Section 19. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.180, is hereby amended to read as follows: 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. Section 20. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.190, is hereby amended to read as follows: 18.54.190 Violations A. Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement pursuant to this chapter and TMC Chapter 8.45. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 96 Page 18 of 21 B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply with the provisions of this chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to three times the marketable value of each tree removed or damaged as determined by a Qualified Tree Professional, whichever is greater. 3. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into the City's Tree Fund; 25% into the General Fund. 4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 5. Penalties are in addition to the restoration of removed trees through the remedial measures listed in TMC Section 18.54.200. 6. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. Section 21. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.200, is hereby amended to read as follows: 18.54.200 Remedial Measures In addition to the penalties assessed, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Any illegal removal of required trees shall be subject to obtaining a Tree Permit and replacement with trees that meet or exceed the functional value of the removed trees. 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on-site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table B. 3. The applicant shall satisfy the permit provisions as specified in this chapter. 4. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter. 5. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice of Violation and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 19 of 21 97 6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. Section 22. Ordinance No. 1758 §1 (part) is hereby amended to establish a new TMC Section 18.54.210 to read as follows: 18.54.210 Enforcement A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this chapter to ensure compliance with, and/or remedy a violation of this chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Tree Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Permit or this chapter, consistent with TMC Chapter 8.45. 2. The Director may require a final inspection as a condition of a Tree Permit issuance to ensure compliance with this chapter. The permit process is complete upon final approval by the Director. Section 23. Repealer. Ordinance No. 2291 is hereby repealed in its entirety. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 98 Page 20 of 21 Section 24. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 25. 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 26. 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 , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 21 of 21 99 100 COUNCIL AGENDA SYNOPSIS l retia/s Aleetia, Date Prepared by Ala}'or'.c re ew Council review 03/26/18 RB ssion 03/26/18 04/02/18 RB ❑ Bid _Award Ally Date (X:( ❑ Other ALg Dale C.A'I'I :G()RY 11 Diicie 11 Resolution Altg Date Ally Date 4/2/18 SPONSO12 ❑Council HR DCD ❑I:inance Fire ❑71SP&R ❑Police ❑PlI'' ❑Court ITEM INFORMATION ITEM No. 5.B. STAFF SPONSOR: RACHEL BIANCHI ORIGINAL. AGI:ND.A D.A I I•:: 3/26/18 AGI:ND.\ ITN:\ITITLE Public Safety Plan Utilization Disadvantaged Businesses, Apprenticeship and Local Hire ssion 03/26/18 ❑ Motion Ally Date ❑ Ordinance Ally Date ❑ Bid _Award Ally Date ❑ Public Healin5 Ally Date ❑ Other ALg Dale C.A'I'I :G()RY 11 Diicie 11 Resolution Altg Date Ally Date 4/2/18 SPONSO12 ❑Council HR DCD ❑I:inance Fire ❑71SP&R ❑Police ❑PlI'' ❑Court Ililla)or SPONSOR'S Staff is seeking Council direction on how the City will incorporate disadvantaged SU\I:\I.\RV businesses, and local hire utilization in the Public Safety Plan. Apprenticeship utilization goals were previously identified by the Council in Resolution #1814. R1:vu:wI D BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. DATE: 3/19/18 COMMITTEE CI LAIR: HOUGARDY 11 Public Safety Comm. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADNnN. CommITIEE Mayor's Office Unanimous Approval; Forward to C.O.W. COST IMPACT / FUND SOURCE FXPl:NDI'1'URI? Rl?(2UIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: PUBLIC SAFETY BONDS Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/26/18 Forward to Regular Meeting with Resolution MTG. DATE ATTACHMENTS 3/26/18 Informational Memorandum dated 3/12/18, plus attachments (updated after PS Com) Minutes from the Public Safety Committee meeting of 3/19/18 4/2/18 Resolution in strike-thru, underlined format based on housekeeping changes 1Al 102 TO: FROM: CC: DATE: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Public Safety Committee Rachel Bianchi, Communications and Government Relations Manager Mayor Ekberg March 12, 2018 SUBJECT: Local hiring, apprenticeship and disadvantaged business enterprises direction for the Public Safety Plan (updated after C.O.W.) ISSUE Staff is seeking direction from the Council regarding use of disadvantaged businesses (DBEs), local hire priority and apprenticeship programs in the implementation of the Public Safety Plan. Housekeeping edits have been made to the proposed policies since the March 26 Committee of the whole meeting. In addition, Steve Goldblatt, the Council's PMQA Consultant provided staff edits to the proposed policy that align them with the GCCM delivery. At the March 19 Public Safety Committee meeting the members unanimously recommended moving the pilot policy for DBE and local hire utilization rates for the Public Safety Plan forward to Committee of the Whole. An updated version of the policy is attached, reflecting the agreed- upon goals identified by Lydig Construction, the City's GCCM for the fire stations. The City will achieve its apprenticeship goals through Resolution #1814, outlining 10% apprenticeship goals for all Public Works projects in excess of $1 million. Should there be consensus at the March 26 Committee of the Whole meeting on this recommendation, staff will return with a Resolution to allow the Council to formally adopt the pilot policies. BACKGROUND In 2017 the Public Safety Committee reviewed options to achieve the shared goal of ensuring participation of DBEs, apprenticeships and local hires in the construction of Tukwila's Public Safety facilities. The Committee reviewed the following options: • The City could implement a policy for the Public Safety Plan that sets out specific goals for the projects for utilization of DBEs, apprenticeships and local hires, presented in May of 2017; or • Implement a more prescriptive Community Workforce Agreement/Project Labor Agreement (CWA/PLA) to achieve these goals as drafted and presented to the Public Safety Committee in October of 2017. Attached to this memo are the previous memos that reviewed both options highlighted above. Also included are the draft documents that would implement either option. Both of these routes are available to the Council to achieve the goal of ensuring participation of DBEs, apprenticeships and local hires. One other option also exists, which is to work with the City's Program Management Consultant, Shielz Obletz Johnsen and project contractors to identify project -by -project goals for the fire stations, justice center and public works facility separately. As an example, Lydig Construction, the General Contractor/Construction Management firm for the Fire Stations outlined the following targets for the fire stations: • Apprenticeship: 10% • Local Hire: 20% • DBE Utilization: 17% 103 INFORMATIONAL MEMO Page 2 Attached is Lydig's memo outlining these goals and how they would work to achieve them. RECOMMENDATION The Administration recommends implementing the proposed policy for the use of DBEs, local hires and apprenticeship programs that would provide targets we would expect each of the contractors to achieve for the projects. Implementing the policy would allow the City to ensure standard expectations across all projects. It recommends that the Public Safety Plan staff work closely with each contractor to achieve these goals, but that they not be codified in a prescriptive CWA/PLA. The Council's Program Management Quality Assurance consultant concurs with this recommendation. Staff is looking for direction from the Council and asks that the Committee provide their recommendation to the entire Council for discussion and, if resolved at that time, for consensus at the March 26, 2018 Council meeting. ATTACHMENTS May 10, 2017 Public Safety Committee Memo Proposed policies for DBE and local hiring October 10, 2017 Public Safety Committee Memo Draft CWA/PLA November 15, 2017 Public Safety Committee Memo Lydig Memo 104 Z:1Council Agenda Items\Communications13-19-18 PSCom1DBE\PS DBE Memo 031218.doc NOTE: Strike-through/underline text reflects changes made (beyond other housekeeping -type revisions) since the policies were reviewed at the 3-26-18 C.O.W. Meeting. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING POLICIES IN CONJUNCTION WITH CITY OF TUKWILA PUBLIC SAFETY PLAN CONSTRUCTION PROJECTS, SPECIFICALLY A DISADVANTAGED BUSINESS ENTERPRISE POLICY AND A LOCAL HIRING POLICY. WHEREAS, the City Council recognizes that societal, environmental, and legal factors, both historic and present day, have resulted in inequitable access to opportunities for some individuals and groups of people; and WHEREAS, policies related to disadvantaged business enterprises and local hiring will help firms owned and controlled by individuals who are determined to be socially and economically disadvantaged compete fairly for contracts in conjunction with the construction projects related to the City's Public Safety Plan; and WHEREAS, it is the responsibility of the City Council of the City of Tukwila to provide policy direction through the passage of motions and ordinances and the adoption of resolutions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. DBE Policy Adopted. A Disadvantaged Business Enterprise Policy for City of Tukwila Public Safety Plan Construction Projects is hereby adopted to read as follows: Disadvantaged Business Enterprise (DBE) Policy for City of Tukwila Public Safety Plan Construction Projects. A. Purpose. The purpose of this policy is to ensure nondiscrimination in the award and administration of City of Tukwila construction contracts and to create a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can compete fairly for contracts. As a pilot oroiect, all City of Tukwila Public Safety Plan construction contracts subject to formal bidding requirements shall contain specifications pursuant to which the Contractor certifies that they will make a good faith effort to achieve the DBE goal of 17% participation. W:\Word Processing\Resolutions\DBE and Local Hiring Policies adopted strike-thru 3-27-18 RB: bjs Page 1 of 7 105 106 B. Definitions. 1. "Construction Contract" means a City of Tukwila Public Safety Plan construction project valued at over $1,000,000, which is awarded by contract. 2. "Disadvantaged Business Enterprise" or "DBE" as defined and certified by the Washington State Office of Minority and Women's and Business Enterprises. 3. "DBE Joint Venture" means an association of a DBE firm and 1 or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. 4. "Good Faith Effort" means efforts to achieve a DBE goal or other requirement of this policy which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. Detailed examples of good faith efforts will be included in contract provisions. C. Process. 1. The Contractor will solicit Disadvantaged Business Enterprise (DBE) participation through reasonable and available means, meet the specified contract DBE goal, and show a good faith effort to obtain DBE participation. 2. The Contractor or any Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of any contract. 3. The requirements of this policy shall be included in contract and subcontract documents. 4. By signing a contract proposal, the Contractor will be certifying that the DBE goal as stated in the bid documents proposal will be met by obtaining commitments from eligible DBEs or that the Contractor will provide acceptable evidence of good faith effort to meet the commitment. D. Contractor's Responsibilities. The Contractor must satisfy the following requirements: 1. Imw��iJ n+. l i Nf+nr k;rl n A r J evvC +tom vvn+r �+ +kr Csrsk-virhe.+vr �hll c 1 ihmi+ a Iotter c•.�G. r+ifi ging rl .-.+.�i� for c.coh DBE t-�.�Ishv r.te nds to eco to n`±+i sfy +t -,c DRE goal or a good faith effc- t tc exp!aLn .^.,h, +ho go„! oouid not b& recohed. The Contractor shall submit to the City an outreach plan to achieve the DBE goals. 2. DBE prime Contractors may receive credit toward the DBE goal for work performed by its own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non - DBE, that information must be reported. W:\Word Processing\Resolutions\DBE and Local Hiring Policies adopted strike-thru 3-27-18 RB:bjs Page 2 of 7 3. A Contractor who cannot meet the contract goal, in whole or in part, shall make adequate good faith efforts to obtain DBE participation. A "good faith effort" means the Contractor will take the following or similar actions to recruit and maintain DBEs as part of the construction workforce: a. Contact local DBE sources to identify qualified DBE firms, b. Advertise for qualified DBEs in trade papers and newspapers of general circulation in the area, unless time limits imposed by City do not permit such advertising; c. Host a job fair for prospective DBE participants; and d. Develop a written plan to attract DBEs as part of the construction workforce. 4. The Contractor shall not terminate for convenience a DBE Subcontractor named in the bid documents. Prior to terminating or removing a DBE Subcontractor named in the bid documents, the Contractor must have a written consent from the City of Tukwila. 5. The Contractor shall also make a good faith effort to replace a DBE Subcontractor that is unable to perform successfully with another DBE, to the extent needed to meet the contract goal. E. Records and Reports. 1. The Contractor shall submit monthly reports, after work begins, on DBE payments to meet the DBE goal and for DBE participation. The monthly report is to be sent to the City. These reports will be due within 30 days after the end of a calendar month. These reports will be required until all DBE subcontracting or material supply activity is completed. 2. DBE subcontractors and/or material suppliers should be identified on the monthly report by Vendor Number, name, and the amount of actual payment made to each during the monthly period. Negative reports are required when no activity has occurred in a monthly period. 3. All such records must be retained for a period of 6 years following completion of the contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the City of Tukwila. Copies of subcontracts or agreements and other documentation shall be provided upon request. 4. Prior to receiving final payment, the Contractor shall submit a final DBE utilization report. If the DBE goal requirement is not met, documentation supporting Good Faith Efforts, as outlined in Section 1 herein, must be submitted with the "DBE Final Report." W:\Word Processing\Resolutions\DBE and Local Hiring Policies adopted strike-thru 3-27-18 RB:bjs Page 3 of 7 107 108 Section 2. Local Hiring Policy Adopted. A Local Hiring Policy for City of Tukwila Public Safety Plan Construction Projects is hereby adopted to read as follows: Local Hiring Policy for City of Tukwila Public Safety Plan Construction Projects. A. Purpose. The purpose of this policy is to create a framework that encourages contractors who receive City public works contracts to hire residents of the Tukwila Area. As a pilot project, all Public Safety Plan construction contracts shall contain provisions pursuant to which the Contractor promises to make a good faith effort to hire qualified individuals who are residents of the Tukwila Area in sufficient numbers so that no less than 20% of the contractor's total construction workforce, including any Subcontractor workforce, measured in labor work hours, is comprised of Tukwila Area residents. If the GC/CM delivery method is chosen instead of traditional bidding, the good faith effort certification will be adjusted to reflect corresponding milestones. Any GC/CM selection process will include local hiring. B. Definitions. Unless the context otherwise requires, the following definitions shall govern the construction of this policy: 1. "Construction Contractor." Any person or entity, which, pursuant to a written agreement or purchase order, provides labor or materials on public works projects for the City. 2. "Days" means calendar days unless otherwise specified. 3. "Qualified Individual." A person who is specially trained, skilled, and experienced in the work, trade, or craft specified in the portion of the public work or improvement to be performed or who is enrolled in a certified state or federally approved apprenticeship program in the applicable trade, or who is a journey person in his or her applicable trade. 4. "Tukwila Area" means zip code areas within the City of Tukwila limits and zip code areas within 10 miles of the center of Tukwila (1-405/1-5 Interchange) as shown on Attachment A, "Tukwila Area Zip Codes." 5. "Construction Project." A City of Tukwila Public Safety Plan construction project valued at over $1,000,000, which is awarded by contract. 6. "Resident of the Tukwila Area." An individual who is domiciled within the boundaries of the Tukwila Area immediately preceding the date of the bid advertisement by the City and who can verify his or her domicile upon request of the Contractor or City by producing documentation such as rent/lease agreement, telephone and utility bills or payment bills, a valid Washington State driver's license or identification card, and/or any other similar, reliable evidence that verifies that the individual is domiciled within the Tukwila Area. 7. "Subcontractor." Any person or entity, which, pursuant to an agreement or purchase order with a City Contractor or another subcontractor, participates in the provision of labor or materials for construction projects for the City. W:\Word Processing\Resolutions\DBE and Local Hiring Policies adopted strike-thru 3-27-18 RB:bjs Page 4 of 7 C. Exceptions. 1. The provisions of this policy shall not apply under the following circumstances: a. Whenever a state or federal law or regulation applicable to a particular contract prohibits the provision of a local hire requirement; or b. Whenever the City, in accordance with the requirements of the Tukwila Municipal Code or state law, determines that the contract is necessary to respond to an emergency which endangers the public health, safety, or welfare. c. Whenever the City determines that a suitable pool of persons providing specialized skills does not exist locally for a specific public works project. 2. Whenever an exception is imposed, the basis of the exception shall be included in the staff report to the City Council. D. Requirements for Contractors Submitting Bids. 1. A Contractor submitting a formal bid or proposal to the City for a construction project must promise to make a good faith effort to hire qualified individuals who are residents of the Tukwila Area in sufficient numbers so that no less than 20% of the Contractor's total construction workforce, including any Subcontractor workforce, measured in labor work hours, is comprised of Tukwila Area residents. 2. A "good faith" effort means the Contractor will take the following or similar actions to recruit and maintain Tukwila Area residents as part of the construction workforce: a. Contact local recruitment sources to identify qualified individuals who are Tukwila Area residents; and b. Advertise for qualified Tukwila Area residents in trade papers and newspapers of general circulation in the Area, unless time limits imposed by the City do not permit such advertising; and c. If portions of the work are to be performed by subcontractors, identify qualified subcontractors whose workforce includes Tukwila Area residents; and d. Host a job fair for prospective local applicants; and e. Develop a written plan to recruit Tukwila Area residents as part of the construction workforce. 3. Every Contractor must complete and sign under penalty of perjury a Certification of Good Faith Effort to Hire Tukwila Area Residents, on the form provided in the City's bid package and. submit said C^r+ifinn+,c' ..its +ha cr,nlc,rl"ill ..v In+pr+h r, r, +hV datc r.nrl +im- of thn hirl oper+ir n Biddy shall attach to the Ccrt ft tato docs �meh+ary .iri— nn. nna r+'a ry hi rl.. r' rn m' + -+r`r mr+. is /4",r. f i+h r,a r..4irs rv. - + +h- I n ....... ....... tel.. 1. ... �.. N. ... .. - hiring goal. 4. The Contractor shall include in each and every subcontract relating to the project the requirement that the Subcontractor promises to make a good faith effort to W \Word Processing\Resolutions\DBE and Local Hiring Policies adopted strike-thru 3-27-18 RB: bjs Page 5 of 7 109 110 hire qualified individuals who are residents of the Tukwila Area. Contractor shall be responsible for subcontractor's compliance under this policy. 5. Prior to submitting bids, bidders shall ensure that any and all subcontractors listed in their bids are not disqualified pursuant to Section 2, paragraph I, "Disqualification." 6. Contractors who have been disqualified may not submit bids during the period of disqualification. Any bid received from a bidder who is currently disqualified will be returned to the bidder unopened. E. Requirements for Prospective Subcontractors. 1. Any Subcontractor for work, laborers or materialmen relating to a project subject to this policy will be required, in its contract with the prime contractor, to promise to make a good faith effort to hire qualified individuals who are residents of the Tukwila Area. 2. A "good faith effort" means the Subcontractor will take actions such as those required of contractors to recruit and maintain Tukwila Area residents as part of subcontractor's workforce. Subcontractor shall maintain documentary evidence of such actions. 3. Subcontractors who have been disqualified pursuant to Section 2, paragraph I, "Disqualification," may not be listed in a prime contractor's bid for a City public works project and may not submit bids during the period of disqualification. F. Non-responsive Bids. The City may declare a bid to be non-responsive under the provisions of this policy for good cause including, but not limited to, the following circumstances: 1. If a bidder fails to complete and sign under penalty of perjury the Certification of Good Faith Effort to Hire Tukwila Area residents and to submit said Certification with hen cr nn fate th-.. thr- +jrn-. ...f the hi-' or 2. If a bidder fails to comply with the good faith effort requirements set forth herein; or 3. If a bidder or a Subcontractor listed by the bidder has been disqualified pursuant to Section 2, paragraph I, "Disqualification." G. Required Documentation. During the performance of the contract, the Contractor shall keep an accurate record on a standardized form showing the name, place of residence, trade classification, hours employed, proof of qualified individual status, per diem wages and benefits of each person employed by the Contractor on the specific public works project, including full-time, part-time, permanent and temporary employees. Contractor shall require any and all subcontractors on the project to maintain records of the same information for subcontractors' workforce on the project and shall require Subcontractors to provide a copy of those records to Contractor upon Contractor's request. Contractor shall make contractor's and subcontractor's records available to the City, upon request, within five working days. W:\Word Processing\Resolutions\DBE and Local Hiring Policies adopted strike-thru 3-27-18 RB:bjs Page 6 of 7 H. Forms Submitted Under Penalty of Perjury. All forms required under this policy shall be attested to as true as to the information set forth therein and shall be submitted under penalty of perjury. I. Disqualification. If the City finds that a Contractor to whom a City contract for public works has been awarded, or a Subcontractor listed by Contractor on a public works project, has failed to comply with the good faith hiring provisions of Section 2, paragraph D.2., during the performance of the contract, the City may disqualify the Contractor and/or Subcontractor from bidding or being listed in any bid on any City contract for public works for a period of one year from the date of the City's disqualification. The City of Tukwila will keep a current list of all disqualified contractors and subcontractors on file. J. Records Retention. The Contractor shall retain all documentation required per Section 2, paragraph G., for a period of 6 years following completion of the contract work, and those records shall be available at reasonable times and places for inspection by authorized representatives of the City of Tukwila. Copies of subcontracts or agreements and other documentation shall be provided upon request. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachment A, "Tukwila Area Zip Codes" W.\Word Processing\Resolutions\DBE and Local Hiring Policies adopted strike-thru 3-27-18 RB:bjs Page 7of7 111 112 Attachment A - Tukwila Area Zip Codes Incorporated Areas Freeways s 10 Miles January 2013 ►31 King County GIS CENTER 113 114 TO: City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: March 28, 2018 SUBJECT: Report for April 2, 2018 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • National League of Cities Congressional City Conference: Mayor Ekberg, Council President Seal, Councilmembers Quinn, Kruller and Idan and Communications and Government Relations Manager Rachel Bianchi attended the National League of Cities Congressional City Conference in Washington DC March 10 — 14. They had the opportunity to meet with Senators Murray and Cantwell and Congressman Smith. Mayor Ekberg also attended a Mayor's Educational Task Force for Apprenticeships meeting. • SCORE Jail Retreat: On March 16 Mayor Ekberg and Finance Director Peggy McCarthy attended a SCORE Jail retreat sponsored by the SCORE Administrative Board. Mayor Ekberg currently serves as the Chair of the Administrative Board. • Governor Signs Bill at Foster High School: On March 19 Councilmembers Quinn and Kruller, City Administrator David Cline and several city staff members attended a bill signing ceremony at Foster High School where Governor Inslee signed the Voting Rights Act and several other voting bills into law. • SCATBrd Meeting: On March 20 Councilmember Hougardy and Community Development staff attended the monthly meeting of SCATBrd. At the meeting the Puget Sound Regional Council (PSRC) provided a presentation on Population Forecasts and Vision 2050 Scope: Forecasts project the region to grow by about 1.8 million people and to add 1.2 million jobs between now and 2050 with the demographic trend of fewer persons per household to continue, increasing demand for housing. The PSRC also provided information on a Regional Aviation Study that will compile information from various planning efforts of regional airports, including separate plans currently underway by the Port of Seattle for SeaTac Airport and by King County for Boeing Field. The intent of the study is to provide a comprehensive view of existing and future air travel and freight demands, and environmental and community impacts from an increase in flights in the region. Sound Transit provided an update on projects within South King County. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 115 City Administrator's Report March 28, 2018 Page 2 • King County Regional Transit Committee (RTC): Councilmember Hougardy and Community Development staff attended the monthly meeting of the King County Regional Transit Committee on March 21. King County provided an update on the Community Connections program. Staff will be meeting with Metro in the near future to discuss potential Community Connection projects in Tukwila. An update was also provided on the One Center City project, a joint initiative of King County Metro Transit, the Seattle Department of Transportation (SDOT), Sound Transit, and the Downtown Seattle Association (DSA) to develop a long term mobility plan for downtown Seattle and surrounding neighborhoods. This topic will be discussed in more detail at the next RTC meeting. II. Staff Updates Public Safety • Bulldog Academy: On March 13 the police department launched the second Bulldog Academy for students at Foster High School. This year's program will be a 10 -week course, taught after school on Tuesdays from 3:30pm-6:OOpm from March 13 through May 22. City Administrator David Cline and Chief Linton attended the Introduction Day to welcome the students. • Meeting with Congressman Smith's Office: On March 14 Chief Linton had an introduction meeting with Mr. Savio Pham, a representative from Congressman Adam Smith's Office. • Neighborhood Meeting: The Community Police Team and Chief Linton attended a neighborhood meeting at Foster Presbyterian Church for residents in the area of 56th Ave S and S 144th St. Project Updates • TUC Pedestrian/Bicycle Bridge: Estimated Completion: April 2018 The LED uplight alignment on the bridge is complete. The lights are aimed so that they highlight the cable -stays and the superstructure of the bridge. Handrail installation is expected to be complete in the next few weeks. • 42nd Ave Phase III: Estimated Completion: Fall 2018 Contractor continues installing underground electrical and communications facilities for the overhead to underground utility conversion from SR -518 to S 160th St. The joint utility trench for communications utilities is continuing to progress up the hill. Gilliam Creek Culvert crews have completed the north culvert footing installation and are moving forward with assembly and placement of the arch plate culvert sections. • Major Maintenance on 3 Bridges: Estimated Completion: April 2018 o Grady Way Bridge: Contractor is waiting for steel to be fabricated so it can be placed on the columns. o Frank Zepp Bridge (S 180th): Contractor continues to work on painting the underside of the bridge and work on the plan to lift the bridge and replace the bearing pads. There will be one additional weekend closure of the bridge towards the end of April. o Beacon Avenue Bridge: Work is substantially complete. • 53rd Ave S: Estimated Completion: June 2019 116 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov City Administrator's Report March 28, 2018 Page 3 • Work will begin April 9. Electronic variable message signs are currently on display at all project access points notifying the public that 53rd Ave S will be open to local access only for the duration of the project. • Tukwila Village — Save the Date: The City, SHAG, and developer are planning a community celebration for the opening of Tukwila Village on July 21. If you're interested in helping organize the event please contact Derek Speck at Derek.Speck@TukwilaWA.gov. • Washington Place — Hotel Interurban: The hotel portion of the development, is now accepting reservations starting this June. Additional Information is available at www.hotelinterurban.com. • Opportunity Zones Application: The City has submitted an application to Washington State for three census tracts to be designated as "opportunity zones." We will be competing with other cities, counties, ports, and other agencies across the State. The designation will serve as a financial incentive for organizations or individuals who would like to defer capital gains tax to invest in businesses and developments in the opportunity zones. The incentive was created in the Federal tax law that was passed in December 2017. We should know whether we are selected this summer. Boards and Commissions Vacancies are currently being advertised on the City's website, on Channel 21, in the Tukwila Reporter, through social media and outreach to local schools. • Arts Commission: Vacant Position: Position #2 Resident. • Civil Service Commission: Vacant Position: Position #2 Resident. • Community -Oriented Policing Citizens Advisory Board: Vacant Positions: Position #5 Resident and Student Representative. • Equity & Social Justice Commission: Vacant Positions: Position #2 Education Representative and Student Representative. • Human Services Advisory Board: Vacant Positions: Position #4 Resident and Position #6 Business Representative. One application received. • Landmark Commission: No vacancies. • Library Advisory Board: Vacant Positions: Position #7 Resident and Student Representative. • Lodging Tax Advisory Committee: Vacant Positions: Position #4 and #5 Business Collecting Tax. • Park Commission: Vacant Positions: Position #2 and Position #4 Residents and Student Representative. One application received. • Planning Commission: No vacancies. Ill. Responses to Council/Citizen Inquiries Date of Inquiry Inquiry Response Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 117 City Administrator's Report March 28, 2018 Page 4 March 26 Committee of the Whole Meeting Councilmembers inquired about the status of City financial support for the SeaTac Airport Study. Administration is meeting with the City of SeaTac on March 29. An update is scheduled for the Transportation and Infrastructure Committee meeting on April 9, 118 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov TUKWILA PUBLIC SAFETY PLAN Monthly Update March 31, 2018 Overall Plan Outreach • Planning is underway for the first open house of 2018, expected to be in June. Financial Oversight Committee • The Committee will convene again on April 19. Siting Advisory Committee • The Siting Advisory Committee met on March 28. Members were provided an update and reviewed and provided feedback on the open house and outreach plan. The committee is expected to meet once a quarter in 2018. Near-term Council Decisions and Key Dates • The Finance Committee will continue to review options for funding the Public Safety Plan financial gap and will make a recommendation to the full Council in May once the Schematic Design (SD) estimates are received for the Justice Center. Fire Stations Siting • Team is working on additional due diligence items to help with site acquisition including but not limited to site surveys, environmental reports, geotechnical reports. Closing on the Fire Station 54 site is expected by mid-April. • Geotechnical drilling was undertaken the last week of March to better understand the soils on the site for Fire Station 52 (on the north parking lot on the City Hall campus). Architecture and Programming • Architectural program has been reviewed and approved by the team. • Schematic Design for 51 completed December 2017. • Concurrent review and pricing of the Schematic Design by GCCM Contractor, Lydig, and estimating consultant has been completed and was shared with Council in February. Council gave approval to begin Design Development for Station 51. 119 Design and Permitting • Pre -application meeting with City permit staff was held in December. Design team is following up on items identified by City permit staff. • Design Development for Station 51 began mid-February; the team is meeting weekly. Design Development effort scheduled to wrap up in May, 2018 with Design Development pricing effort in June and July. • Schematic Design phases scheduled to begin for 52 and 54 in August, 2018. Bidding and Construction • Pre -construction services starting for Station 51 Design Development are underway. • Bidding and construction phases scheduled to begin for 51 in January, 2019. • Bidding and construction phases scheduled to begin for 52 and 54 in January, 2020. Justice Center Siting • Team is working on additional due diligence items to help with site acquisition including but not limited to site surveys, environmental reports, geotechnical reports, and revised appraisals. As expected, initial environmental analysis is showing some contamination due to the prior presence of gas stations and dry cleaners. • Economic Development is working closely with affected businesses to identify their operational needs and potential strategies for assistance. • The City has signed purchase and sale agreements with two of the nine properties on the Justice Center site. The City is also closing to securing two additional Justice Center properties through settlement agreements and continues to work with other land owners to identify other voluntary transactions. • Eminent domain petitions have been filed on all of the Justice Center properties where the City does not have a signed purchase and sale agreement, though the goal remains to have voluntary agreements. • Most owners and tenants have been very cooperative with granting access for due diligence activities. Architecture and Programming • DLR Group's Building Program Report was submitted December 8. Program and Estimate was presented to Public Safety Committee in December and Council in January. Design and Permitting • Schematic Design phase kicked off in January. SD and cost estimate will be completed in April and presented to Council in May. 120 Bidding and Construction • BNBuilders, the selected GC/CM, started pre -construction services following Council approval of their contract on March 19. They will prepare their SD cost estimate in April. • Construction scheduled to begin in April, 2019. Public Works Facility Siting • Team is working on additional due diligence items to help with site acquisition including but not limited to site surveys, environmental reports, geotechnical reports, and assessment of existing structures. • Economic Development is working closely with affected businesses to identify their operational needs and potential strategies for assistance. • Eminent domain petitions have been filed on all three of the Public Works properties, though the goal remains to have voluntary agreements. Architecture and Programming • Phases scheduled to begin late in 2018. Design and Permitting • Phases scheduled to begin late in 2018. Bidding and Construction • Phases scheduled to begin in late 2019. Leases Per Council request, this section will be used to provide any update on leases entered into with businesses affected by the Public Safety Plan. When there is no activity, it will be indicated here. Budget • Attached. Schedule April 2018 • Justice Center schematic design cost estimating with GCCM involvement 121 • Finance Committee and staff working to address funding gap May 2018 • Fire Station 51 design development effort complete • Fire Station 51 design development cost estimate with GCCM involvement • City Shops facility contracting method update • Justice Center design review for permitting • Finance Committee and staff working to address funding gap • Target month for Justice Center schematic design cost estimate to Public Safety Committee and Council • Justice Center design development begins (pending Council approval of SD) • Site acquisition activities June 2018 • Fire Station 51 design development cost estimate with GCCM involvement • Open House #4 (1 of 2 open houses 2018) • Finance Committee and staff working to address funding gap July 2018 • Target month for Fire Station 51 design development cost estimate to Public Safety Committee and Council • Final contracting method determination for City Shops facility • Finance Committee and staff working to address funding gap August 2018 • Fire Station 51 construction document phase begins • Fire Station 52 and 54 schematic design begins • Finance Committee and staff working to address funding gap • Additional consultant services contracts for Justice Center, Fire Station 51, 52 and 54 to Public Safety Committee and Council September 2018 • Fire Station 52 and 54 GCCM pre -construction services begin • Justice Center design development and cost estimate complete • Target month for Justice Center design development estimate to Public Safety Committee and Council • Justice Center construction documentation begins • Finance Committee and staff working to address funding gap 122 October 2018 November 2018 • Public Works design update • Open House #5 (2 of 2 open house 2018) • Fire Station 51 building permit issued • Fire Station 51 subcontractor bid procurement begins • Site acquisition activities December 2018 • Fire Station 51 construction documentation complete • Fire Station 52 and 54 schematic design cost estimate update with GCCM involvement January 2019 • Fire Station 51 subcontractor bidding • Target month for Fire Station 52 and 54 schematic design cost estimate to Public Safety Committee and Council February 2019 • Fire Station 51 Construction Contract Approval to Public Safety Committee and Council • Fire Station 52 and 54 design development begins March 2019 • Fire Station 51 construction begins 123 124 City of Tukwila - Public Safety Plan Conceptual Budget Summary YOE $ (in thousands) PUBLIC SAFETY PLAN - FUNDING Project YEAR OF EXPENDITURE (YOE) SUMMARY UTGO Impact Fees General Fund Enterprise Funds Total Facilities Public Safety Building Fire Stations (51, 52, 54) Public Works Shops $ 28,629 $ 18,824 - $ - $ 858 14,747 4,750 14,746 28,629 24,432 29,493 FACILITIES TOTAL 47,453 $ 4,750 $ 15,605 $ 14,746 $ 82,554 Apparatus/Equipment 29,932 I $ -Is - I - I 29,932 PLAN TOTAL 77,385 $ 4,750 $ 15,605 $ 14,746 $ 112,486 indicates voter approved PUBLIC SAFETY PLAN - FACILITIES Fire Station Program as of December 31, 2016 Project Budgets (in YOE $) Public Safety Building FS 51 FS 52 FS 54 City Shops TOTAL Category A/E Services (both design & CA) Land Acquisition Permits/Fees Construction (pre -con, const & tax) Construction Related Costs PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) 1,616 6,000 440 16,195 1,064 1,114 2,199 731 $ 0 255 7,809 1,047 460 1,145 356 $ 653 89 3,278 438 297 546 464 862 116 4,273 551 397 665 869 6,000 522 19,202 425 348 2,127 4,037 13,516 1,421 50,758 3,526 2,615 6,682 TOTAL $ 28,629 $ 11,446 $ 5,657 $ 7,329 $ 29,493 $ 82,554 1/10/2017 126 PROJECT COSTS CITY OF TUKWILA Public Safety Plan Fire Stations - 51, 52, 54 Schematic Design Budget Summary (HIGH) YOE $ (in thousands) 1/30/2018 e St p NMA fhnmE .. Project Category FS51 17,950 sf FS 52 FS 54 6,567 sf '` 8,228 sf TOTAL 32,745 sf A/E Services (both design & CA) 731 356 464 1,551 Land Acquisition 653 862 1,515 Permits/Fees 255 89 116 460 Construction (pre -con, const, tax) 7,809 3,278 4,273 15,360 Construction Related Costs (incl bond) 1,047 438 551 2,036 PM Services (incl other prof svcs) 460 297 397 1,154 Contingency (incl Construction & Proj) 1,145 546 665 2,356 TOTAL $ 11,446 $ 5,657 $ 7,329 $ 24,432 ra Project Category rF ,a FS511 9,426 sf S T FS 521 15,068 sf FS 54 9,287 sf' A/E Services (both design & CA) 635 1,052 626 Land Acquisition 653 862 Permits/Fees 166 301 164 Construction (pre -con, const, tax) 6,324 9,547 6,233 Construction Related Costs (incl bond) 657 1,184 709 PM Services (incl other prof svcs) 300 576 305 Contingency (incl Construction & Proj) 749 1,094 765 TOTAL $ 9,486 $ 13,755 $ 9,665 TOTAL 33,781 sf 2,314 1,516 631 22,105 2,550 1,181 2,608 $ 32,906 FUNDING GAP 763 1 172 6,744 514 28 1 The main fire station was originally identified as FS51, but has been changed to FS52 in the revised estimate. Project Category Desi VISED: FS51 1 11,933 sf 'MINI/UE-1 .22 1 FS 521 15,068 sf FS 54 11933 sf TOTAL 38,934 sf 252 $ 8,474 A/E Services (both design & CA) 899 1,244 1,003 3,146 FUNDING GAP 1,595, Land Acquisition 854 854 (661) Permits/Fees 234 353 262 849 390 Construction (pre -con, const, tax) 8,956 12,677 9,935 31,568 16,208 Construction Related Costs (incl bond) 931 1,398 1,039 3,367 1,331 PM Services (incl other prof svcs) 426 687 476 1,589 435 Contingency (incl Construction & Proj) 1,062 1,294 1,185 3,541 TOTAL $ 12,509 $ 17,652 $ 14,753 $ 44,914 1,185 $ 20,482 127 128 S J TUKWILA PUBLIC SAFETY PLAN FACILITIES PLAN Project Schedule DECEMBER site selection program/site selection design and permitting ▪ bidding and construction ▪ move-in/occupancy completed • public outreach (A) Architect Contract Approval (B) Contractor Pre -Con Contract COUNCILMEMBER DECISIONS (D) Site Selection (E) Project Budget Changes (C) Contractor Construction Approval (F) Bond Sale #2 (G) GC/CM CPARB Start Finish % Done 2016 2017 2018 2019 2020 2021 J F M A M J J A S O N D J F M A M J J A S O NID J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J JASO N D CITYISOJ KICK-OFF MTG 10/05/16 10/05/16 100% ■ CITY VOTE 11/08/16 10/31/19 100% . BOND SALE 12/01/16 12/31/16 100% . I. PUBLIC OUTREACH - SITE SELECTON 01/01/17 12/31/21 32% _ _ • 111' 4 JUSTICE CENTER 02/06/17 05/25/20 10% I —4,----P---D III G —-B-4.---}----- I I G -- - -- - -- - -- ------------ STATION 51 02/24/17 09/27/19 22% I A I P B I I c STATION 52 02/20/17 06/05/20 12% I I l A I I I — b I 1IS I 1 I G.. _ I. STATION 54 02/20/17 06/05/20 12% I 1 A I 1 P I 1 I 13 c CITY SHOPS 02/20/17 04/09/21 5% 1 I 1 I b A 1 I 1 I C .I site selection program/site selection design and permitting ▪ bidding and construction ▪ move-in/occupancy completed • public outreach (A) Architect Contract Approval (B) Contractor Pre -Con Contract COUNCILMEMBER DECISIONS (D) Site Selection (E) Project Budget Changes (C) Contractor Construction Approval (F) Bond Sale #2 (G) GC/CM CPARB 130 Upcoming Meetings & Events April 2018 2nd (Monday) 3rd (Tuesday) 4th (Wednesday) 5th (Thursday) 6th (Friday) 7th (Saturday) > Civil Service r'"`io"'"rr", Cancelled ➢ Public Safety Cmte, 5:30 PM (Hazelnut Conference Room) ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) ➢ Finance Cmte, 5:30 PM (Hazelnut Conference Room) ➢Library Advisory Board, 5:30 PM NEW TIME (Community Center) D Equity & Social Justice Commission, 5:15 PM (Hazelnut Conference Room) 9th (Monday) 10th (Tuesday) 11th (Wednesday) 12th (Thursday) 13th (Friday) 14th (Saturday) ➢ Transportation & Infrastructure Cmte., 5:30 PM (Foster Conference Room) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) ➢ Community Development & Neighborhoods Cmte., 5:30 PM (Hazelnut Conference Room) D Tukwila International Boulevard Action Cmte, 7:00 PM (Valley View Sewer Dist.. 3460 S 148th) ➢ Park Commission, 5:30 PM (Community Center) ➢ COPCAB, 6:30 PM (Duwamish Conference Room) January 9 thru April 19: Free income Tuesday/Thursday: Visit tax preparation assistance available at Tukwila Community 5:00 — 8:00 PM, Saturday: 10:00 AM — 2:00 PM www.uwkc.org/taxhelp or call 2-1-1. Center ➢Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. So. Civil Service Commission: 1st Mon., 5:00 PM, Human Resources Conf. Room. Contact Michelle Godyn at 206-431-2187. >Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206-431-2197 ➢ Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Mia Navarro at 206-454-7564. >Finance Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) Year-end General Fund update for 2017. (B) General Fund update for January 2018. (C) Proposed Budget Schedule for 2019-2020. (D) General Fund 2018 Expectations. (E) Financing the Public Safety Plan. >Human Services Advisory Brd: Community Services and Engagement Office. Contact Stacy Hansen at 206-433-7180. > Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Kirstin May at 206-767-2331. ➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. > Planning Commission/Board of Architectural Review: 4' Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. >Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) 2017 Fire Department Annual Report. >Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59'x' Avenue S. Contact Louise Jones -Brown at 206-244-4478. >Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Linton at 206-433-1815. Transportation and Infrastructure Committee: 2nd & 4th Mon., 5:30 PM, Foster Conf. Room. Contact Laurel Humphrey at 206-433-8993. 131 Tentative Agenda Schedule MONTH MEETING 1 - REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. April 2 See agenda packet cover sheet for this week's agenda: April 2, 2018 Regular Meeting. 9 Special Presentation: 16 Special Presentation: 23 Special Issues: Presentation of Washington Municipal Clerks Association (WMCA) Clerk of the Year Award to Christy O'Flaherty. Special Issues: Fire Department Promotions: 1 Battalion Chief and 2 Captains. Proclamations: -An ordinance establishing regulations relating to compliance with federal immigration laws. Committee of the Whole meeting to be followed by a Special Meeting. A proclamation welcoming the Seattle Seawolves Rugby Football Club to Tukwila. Unfinished Business: -An ordinance relating to regulations for Accessory Dwelling Units (ADUs) -An amendment to Interlocal Agreement #15-115 with Valley View Sewer District to provide sewer services to the "Loop" (An area in Tukwila bounded generally by South 160th Street, 42nd Avenue South, State Route 518, and 51st Avenue South). -Council consensus on Short Term rentals. -An ordinance relating to regulations fir Accessory Dwelling Units (ADUs). -Authorize the Mayor to sign an amendment to Interlocal Agreement #15-115 with Valley View Sewer District to provide sewer services to the "Loop" (An area in Tukwila bounded generally by South 160th Street, 42nd Avenue South, State Route 518, and 51st Avenue South). 132