HomeMy WebLinkAboutCOW 2011-11-28 COMPLETE AGENDA PACKETTukwila City Council Agenda
COMMITTEE OF THE WHOLE
Jim Haggerton, Mayor Councilmembers: Joe Duff ie Joan Hernandez
David Cline, City Administrator Dennis Robertson Verna Seal
Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn
Monday, November 28, 2011, 5:00 PM *Special Time* Tukwila City Hall Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue
is
presented for discussion.
3. PUBLIC HEARING Budget and Capital Improvement Program:
Pg.1
(1) An ordinance amending the 2011 -2012 budget.
Pg.9
(2) A resolution adopting the 2012 -2017 Financial Planning Model and
Pg.33
Capital Improvement Program.
4. SPECIAL a. Budget and Capital Improvement Program:
Pg.1
ISSUES (1) An ordinance amending the 2011 -2012 budget.
Pg.9
(2) A resolution adopting the 2012 -2017 Financial Planning Model and
Pg.33
Capital Improvement Program.
b. A resolution establishing a new Finance Change Fund.
Pg.35
c. An ordinance regarding refunding 2003 bonds.
Pg.45
d. An ordinance banning solicitation in certain parts of the City.
Pg.71
e. An ordinance repealing a portion of Ordinance No. 2323 regarding
Pg.155
social card rooms.
f. Acceptance of State and Federal grants for the Tukwila Urban Center
Pg.161
Pedestrian /Bicycle Bridge.
g. Supplement #9 with KPFF for the Tukwila Urban Center Pedestrian/
Pg.169
Bicycle Bridge.
h. A resolution adopting a new Public Works fee schedule.
Pg.247
i. An agreement for the 2012 Small Drainage Program.
Pg.273
j. An amendment to the agreement with Cascade Water Alliance.
Pg.291
k. Purchase of a thermoplastic striper for the Street Department.
Pg.363
I. Purchase of 250 Leotek LED luminaires for the Street Department's
Pg.371
traffic control devices.
m. Supplement #13 with IBI Group for the Tukwila Urban Center Transit
Pg.379
Center.
n. Supplement #14 with IBI Group for Andover Park West Street and
Pg.405
Water Improvements.
o. An ordinance for acquisition of right -of -way and easements for the
Pg.425
Tukwila Transit Center.
(continued...)
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COMMITTEE OF THE WHOLE MEETING
Monday, November 28, 2011
Page 2
4. SPECIAL p. A transfer of right -of -way for the Tukwila Urban Center Access Pg.451
ISSUES (Klickitat) Project between the Washington State Department of
(continued) Transportation and the City of Tukwila.
5. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
6. MISCELLANEOUS
7. EXECUTIVE SESSION
S. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or tukclerk @tukwilawa.gov). This notice is available at
www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your continents to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
continents received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
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. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action 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:
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.
Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed 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 AGENDA SYNOPSIS
I CAS NUI\ BI "x:
AGI:i',NDA I j ;,m, TI "I7.I
Meeting Date Prepared by Mayor's reviem
11/28/11 PM C_
12/05/11 PM
ITEM INFORMATION
STAFF SPONSOR: PEGGY MCCARTHY
An ordinance amending the 2011 -2012 budget.
ITEM NO.
Coue icil revien
3 (1)
4.A (1)
I OIZIGINAi-,AGI "NDADA'f'],: 11/28/11
®,Diecu.rrion Motion ❑Resolution ®Ordinance Bid Award ®Public Hearin Otl)er
M/ Dale 11128111 lltg Da <e l7tg Date D1tg Date 12/5/11 A/V Date Mtg Date 11/28/11 Mtg Date
SPONSOR Council Lltlayor HR DCD .Finance Fire [:]IT P&R Police PIV
SPONSOR'S The ordinance approves the 2011 -2012 mid biennium budget amendments. The mid
Sun- MARY biennial budget review and modification is undertaken pursuant to RCW 35A.34.130 and
TMC 3.30.020.
RI xII ?\CiI"I) I3Y cow Ivltg.
CA &P Cmte
F &S Cmte
Transportation Cmte
Utilities Cmte
Arts Comm.
Parks Comm.
Planning Comm.
DATE: 11/08/11
COMMITTEE CHAIR:
HOUGARDY
RECOMMENDATIONS:
SI 1 ()NS01R /ADN4IN. Finance
Cc)n- rnn'I No decision; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXI'I?NI)ITURL; RI?QUIRFD AMOUNT BUDGETED APPROPRIATION REQUIRED
$0
Fund Source:
Carnnzents: 5
IMTG.DATEI RECORD OF COUNCIL ACTION
11/28/11
MTG. DATE I ATTACHMENTS
11/28/11 I Informational memorandum dated 11/03/11 REVISED
Ordinance in draft form with attachments
Minutes from the Finance and Safety Committee meeting of 11/08/11
12/05/11
1
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Peggy McCarthy, Interim Finance Director
DATE: November 22, 2011
SUBJECT: Mid Biennial Review and Modification of the 2011 -2012 Budget
(Updated following Finance Safety Committee Meeting and 11 -21 -11 Workshop,
changes shown in strikethrough underline.)
ISSUE
Adjust the biennial budget to reflect new policies and circumstances, to add appropriations to
funds at risk of exceeding budget in order to remain in compliance with state law, and to
reallocate budget authority among General Fund departments to prevent over budget situations,
consistent with past City practice.
BACKGROUND
The mid biennial budget adjustments are a refinement of the budget and are undertaken
pursuant to TMC 3.30.020 and RCW 35A.34.130. The ordinance amending the budget, if
necessary, must be passed before the end of the calendar year. The purpose and type of
adjustments proposed for the 2011 -2012 budget modification are as follows:
Revenue Backed Expenditures These expenditures have offsetting revenue sources
such as grant revenue.
Reallocation of Budget Among Departments These adjustments reallocate expenditure
budget from departments expected to be under budget to departments at risk of going
over budget.
Council Decisions Budget Additions These adjustments add budget in support of
Council decisions and as a result of circumstances necessitating additional budget.
Carryover of Unused Budget Unused budget is moved from 2011 to 2012.
Accounting Modifications These adjustments move budget from funds and accounts
no longer used to funds and accounts currently used pursuant to changes in accounting
procedures for purposes of streamlining and simplification.
New Initiatives The COPS Bicycle Team initiative is proposed for 2012 and beyond. A
full description of this initiative will be presented by Police Chief Mike Villa under a
separate memorandum.
K,
INFORMATIONAL MEMO
Page 2
DISCUSSION
General Fund 000
The revenue backed expenditure adjustments comprise the JAG Recovery Act grant which
funded a portion of the Police mobile command unit; the Emergency Management Program
Grant which will fund various emergency management costs in 2012, anticipated WCIA
insurance proceeds funding repair costs for a damaged signal pole and a JAG qrant obtained in
partnership with the Tukwila School district to promote safetv at Showalter Middle School.
The reallocation of budget among departments transfers budget from departments expected
to be under budget for the year Public Works, Mayor's and Parks Recreation to
departments at risk of going over budget City Attorney, Parks Maintenance and Department
20.
City Attorney special matters account has a $100K budget but actual costs to date of $306K
comprised of $94K for criminal prosecution, $69K for DESC vs. Tukwila DCD, $70K for the
Wells Inverse condemnation, $19K for Reed Trucking and $19K for the Whitcutt arbitration.
Additional budqet is proposed to cover a portion of this overage, such that the department will
remain within budget.
The Parks Maintenance salary budget excluded two staff members who were laid off at the end
of 2010 but those jobs were reinstated in 2011, thus creating the over budget situation.
The Department 20 claims and judgment account has a budget of $270K and to date
expenditures of $405K comprised of the City's deductible portion of claims of $250K, the Fort
Dent/Wells claim of $67K, and claims attributable to personnel issues of $87K. Additional
budaet is proposed to cover a portion of this overage, such that the department will remain
within budqet.
The carryover of unused budget moves budget authority from 2011 to 2012 for projects and
initiatives delayed or postponed until 2012. This includes the agenda manager technology
system for the Clerk's office, crime analytical software for the Police Department and
Department 20 transfers to General Government Fund 303 for removal of the flood mitigation
devises and associated trail restoration.
Council decisions or proposals before the Council resulting in added budget or creating new
budget line items include reduction of the indirect cost allocation charqed to the Golf
Course Fund, the operating loan advanced to the Metropolitan Park District for $375K in 2011
and not to exceed $725K in 2012 (this loan will be paid back beginning in 2013); $166K
additional funding of the Reserve Fund 105 in 2011 and $1.2M in 2012. and a proposed $175K
funding of a new permit system for the Community Development department. The latter
initiative will be funded through assessment of a permit technology fee after implementation of
the system. An additional $550K transfer -out to the Golf Course Fund is also proposed (see
Golf Course Fund 411 below for further explanation). This 2011 transfer can be funded by a
$250K budget savings within the transfers -out account (debt service was budgeted for the
SCORE bonds but was paid for through SCORE start-up funds and not charged to the City) and
by a $300K use of ending fund balance.
2291<4 t he exi6tinn b u dget far the General F Rd transfer of Q' 77r1�
4 W:12011 Info Memos- CouncilllnfoMemo_2011 -2012 Mid Biennium Budget Amendment REVISED 11 -22 -11 STRIKE THRU.doc
INFORMATIONAL MEMO
Page 3
The new initiative would create a bicycle patrol team for the Tukwila International Boulevard
neighborhood to increase police presence in the area. Police Chief Mike Villa will provide full
details of the initiative under a separate memorandum.
Hotel /Motel Tax Fund 101
The revenue backed Rock N Roll marathon expenditure for professional services is offset by
revenue received from the marathon sponsors, the Competitor Group.
Street Fund 103
Council decisions or proposals before the Council resultina in added budaet or creatinq new
budaet line items include additional fundina for the 42 Avenue residential street proiect.
The expenditure budget carryover of $103K to 2012 is for the design work on 42 Ave S from
Southcenter Blvd to S 160 These costs will be funded through ending fund balance.
Arterial Street Fund 104
The revenue backed expenditure adjustment is for an anticipated grant that will be used to
purchase land right of way for redesign of Andover Park West in connection with the Tukwila
Transit Center project. If the grant is obtained and the right of way purchased, an additional
$78K would be needed from the ending fund balance to fund the transaction.
The expenditure budget carryover to 2012 of $9.2 million is primarily for the Southcenter
Parkway extension project. The revenue budget carryover represents proceeds from the LID
bonds that will be issued in 2012 to reimburse the City for the Southcenter Access Project costs.
Contingency (Reserve) Fund 105
Council decisions or proposals before the Council resultina in added budget or creatinq new
budaet line items include additional funding of the Reserve Fund to comply with fundinq
reauirements stipulated by the Reserve policy, adopted by Council in 2009.
Debt Service Funds 2
Fund 207 serviced the debt on the 1999 General Obligation bond. This bond was refunded in
2008. The budget adjustment transfers the remaining fund balance of $13,300 to Fund 211, the
fund servicing the refunded debt.
The debt service budget for Fund 215 requires an additional $6K to fully service the 2011 debt.
Therefore, additional budget is added.
Council decisions or proposals before the Council resultinq in added budqet or creating new
budaet line items include transferrina the 2003 outstandinq bond balance from the Golf Course
Fund 411 to a aovernmental debt service fund and transferrina cash and investments from the
Land Park Acquisition Fund 301 to the same governmental debt service fund.
W:12011 Info Memos- Counci111nfoMemo_2011 -2012 Mid Biennium Budget Amendment REVISED 11 -22 -11 STRIKE THRU.doc
5
INFORMATIONAL MEMO
Page 4
Land Acquisition Fund 301
Council decisions or proposals before the Council resultina in added budaet or creating new
budget line items include transferring cash and investments from the Land Park Acauisition
Fund 301 to a aovernmental debt service fund for Davment of debt service on the aolf course
portion of the 2003 outstandina bond issue.
The expenditure budget adjustment represents planned land acquisition in 2012 and is
consistent with the CIP proposal. This purchase will be funded through ending fund balance.
Facility Replacement Fund 302
Unused expenditure budget is moved carried over to 2012; funding will be accomplished
through ending fund balance.
General Government Fund 303
The expenditure budget carryover adjustment moves budget to 2012 for the removal of the
flood mitigation devices the Hesco barriers and Super Sacks and the associated trail
restoration.
Council decisions or proposals before the Council resultina in added budaet or creatina new
budaet line items include expenditure budget is added for the bond funded emergency
management measures undertaken in 2011 that were not budgeted including $199K for the
6300 building generator, $104K for the Police incident command vehicle and $273K for the new
phone system.
Water Fund 401
Council decisions or proposals before the Council resulting in added budqet or creatinq new
budaet line items include expenditure budget is —added to the 1995 revenue bond principal
payment account as a result of Council approval of the early redemption of the 1995 revenue
bond.
The accounting modification change moves debt service accounting to the appropriate utility
funds (Funds 401, 402 and 412) from the Water Sewer Revenue Bond Fund 404 to simplify
and streamline the accounting process.
Sewer Fund 402
Budqet Carryover Unused expenditure budget for the Interurban Avenue gravity sewer
project and other projects is moved to 2012.
Council decisions or proposals before the Council resultina in added budaet or creatina new
budaet line items include Ali ieRal budget +s —added to the Fund to cover the cost of the
Andover Park West emergency sewer repair project.
The accounting modification change moves debt service accounting to the appropriate utility
funds (Funds 401, 402 and 412) from the Water Sewer Revenue Bond Fund 404 to simplify
and streamline the accounting process.
Water/ Sewer Revenue Bonds Fund 404
6 W:12011 Info Memos- CouncilllnfoMemo_2011 -2012 Mid Biennium Budget Amendment REVISED 11 -22 -11 STRIKE THRU.doc
INFORMATIONAL MEMO
Page 5
The accounting modification change moves debt service accounting to the appropriate utility
funds (Funds 401, 402 and 412) from the Water Sewer Revenue Bond Fund 404 to simplify
and streamline the accounting process.
Golf Fund 411
Council decisions or proposals before the Council resulting in added budget or creatina new
budget line items include expenditure budget is added to support the $114K golf cart purchase.
Revenue budget is added for 2011 through a transfer in from the General Fund to alleviate the
current cash deficit of $279K and cover the December debt service payment of $262K. As has
been discussed before by Administration and Council, the budgeted transfer in from the General
Fund of $225K is not sufficient to cover the General Fund indirect cost allocation charge of
$221 K and the annual debt service costs of $333K. The cash deficit is a result of underfunding
in 2010 as well as 2011. The a dditi„ .al t sfr, in proposed for 2012 is 355 K GOFFIff
the exi6tinn b for the General Ci mr♦ trancfor_in of 'Y25K,.
Surface Water Fund 412
Budget Carrvover Unused expenditure budget is moved to 2012; funding will be
accomplished through ending fund balance.
RECOMMENDATION
The Finance and Safety Committee is being asked to approve the 2011 -2012 Mid- Biennium
Budget Amendment and to move this item forward to the November 28 th Committee of the
Whole meeting and the December 5 th Regular meeting for consideration and approval.
ATTACHMENTS
Draft Ordinance
2011 -2012 Mid Biennium Budget Amendment
W:12011 Info Memos- Counci111nfoMemo_2011 -2012 Mid Biennium Budget Amendment REVISED 11 -22 -11 STRIKE THRU.doc
7
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2319,
WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL
BUDGET FOR THE 2011 -2012 BIENNIUM, TO ADOPT AN
AMENDED MID BIENNIUM BUDGET; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on November 22, 2010, Ordinance No. 2319 adopted the 2011 -2012
biennial budget of the City of Tukwila, and
WHEREAS, a mid biennium budget amendment was presented to the City Council
in a timely manner for their review, in accordance with RCW 35A.34.130; and
WHEREAS, a public hearing on the proposed mid biennium budget amendment
was advertised and held on November 28, 2011;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Tukwila Ordinance No. 2319 is hereby amended
with the City Council's adoption of the document entitled "City of Tukwila 2011 -2012
Mid Biennium Budget Amendment," incorporated by this reference as if fully set forth
herein, in accordance with RCW 35A.33.075.
Section 2. Estimated Revenues and Appropriations. The totals of the estimated
revenues and appropriations for each separate fund and the aggregate totals are as
follows:
FUND
000 General
101 Hotel /Motel Tax
103 Residential Street
104 Arterial Street
105 Contingency
209 Limited Tax G.O. Bonds, 2003
211 LTGO Refunding Bonds, 2008
215 Limited Tax G.O. Bonds, 2010B
404 Water /Sewer Revenue Bonds
411 Foster Golf Course
EXPENDITURES
$114,598,514
$3,796,633
$1,755,171
$56,202,266
$5,255,708
$4,489,882
$1,681,171
$386,900
$0
$4,855,278
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REVENUES
$114,598,514
$3,796,633
$1,755,171
$56,202,266
$5,255,708
$4,489,882
$1,681,171
$386,900
$0
$4,855,278
Page 1 of 2
9
Section 3. Copies on File. A complete copy of the final budget for 2011 -2012, as
adopted, together with a copy of this amending ordinance, shall be kept on file in the
City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of
Municipal Corporations of the Office of the State Auditor and to the Association of
Washington Cities.
Section 4. 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 5. 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 6. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
and effect five 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 2011.
ATTEST /AUTH ENTICATED:
Christy O'Flaherty, CMC, City Clerk
Jim Haggerton, Mayor
APPROVED AS TO FORM BY:
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: City of Tukwila 2011 -2012 Mid Biennium Budget Amendment
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Page 2 of 2
10
CITY OF TUKWILA
2011 -2012 MID BIENNIUM BUDGET AMENDMENT
SUMMARY
Mid Biennial
Adjusted
2011 -2012
2011 -2012
Adjustment
Adopted
100,064
114,598,514
Budget
Fund
220,000
1,755,171
000
General
$114,498,450
101
Hotel /Motel Tax
3,758,033
103
City Street
1,535,171
104
Arterial Street
49,186,266
105
Contingency
3,889,448
107
Fire Equipment Cumulative Reserve
1,673,041
109
Drug Seizure Fund
614,000
207
Limited Tax G.O. Bonds, 1999
208
Limited Tax G.O. Bonds, 2000
209
Limited Tax G.O. Bonds, 2003
1,186,922
210
Limited Tax G.O. Refunding Bonds, 2003
1,002,825
211
Limited Tax G.O. Refunding Bonds, 2008
1,667,871
212
Limited Tax G.O. Bonds, 2009A
60,350
213
Limited Tax G.O. Bonds, 2009B
509,043
214
Limited Tax G.O. Bonds, 2010A
789,750
215
Limited Tax G.O. Bonds, 2010B
380,900
216
Limited Tax G.O. Refunding Bonds Valley Com
403,900
301
Land Acquisition, Recreation Park Development
9,792,015
302
Facility Replacement
3,891,877
303
General Government Improvements
3,658,109
304
Fire Improvements
430,300
401
Water
17,413,433
402
Sewer
15,802,626
404
Water /Sewer Revenue Bonds
1,322,822
405
Bond Reserve
822,000
411
Foster Golf Course
4,305,278
412
Surface Water
9,867,549
501
Equipment Rental
11,418,895
502
Insurance Fund
17,563,949
503
Insurance LEOFF 1 Fund
3,754,886
611
Firemen's Pension
2,995,616
Total
284,195,325
Mid Biennial
Adjusted
Budget
2011 -2012
Adjustment
Budget
100,064
114,598,514
38,600
3,796,633
220,000
1,755,171
7,016,000
56,202,266
1,366,260
5,255,708
1,673,041
614,000
3,302,960
13,300
6,000
(1,322,822)
550,000
11,290,362
4,489,882
1,002, 825
1,681,171
60,350
509,043
789,750
386,900
403,900
9,792,015
3,891,877
3,658,109
430,300
17,413,433
15,802,626
822,000
4,855,278
9,867,549
11,418,895
17, 563, 949
3,754,886
2,995,616
295,485,687
11
CITY OF TUKWILA
2011 -2012 MID BIENNIUM BUDGET AMENDMENT
DETAIL
Biennial Budget
Increase (Decrease)
2011
2012
Revenues Expenditures
GENERAL 00+
Revenue Backed Expenditures
Revenue:
JAG Recovery Act Mobile Command Unit
000.339.216.80.40
104,417
EMPG grant
000.333.970.42.00
82,210
Signal pole damage to be reimbursed by insurance
(WCIA)
000.344.100.00.00
50,000
JAG grant with Tukwila School distrist
76,437
(a)
Total Revenue
230,854
82,210
313,064
Expenditures
JAG Recovery Act Mobile Command Unit
000.10.594.216.64.00
previously not budgeted
104,417
JAG grant with Tukwila School distrist
000.10.xxx.x0x.xx
76,437
(a)
Emergency Management CERT Trainer other
000.11.525.600.xx.xx
82,210
Repair costs Signal pole
000.16.594.440.64.00
50,000
Total Expenditures
230,854
82,210
313,064
Reallocation of Budget Among Departments
Expenditures:
City Attorney
Special Matters
000.06.515.200.41.03
160,000
Parks Maintenance:
Salaries
000.15.576.800.11.00
60,000
Dept 20
Claims and judgements
000.20.514.230.49.03
100,000
Public Works
Unallocated budget reduction (deptunderbudget)
000.13.532.100.00.05
(120,000)
Mayors
Unaliocated budget reduction deptunderbudget)
000.03.513.100.00.05
(90,000)
Parks Recreation
Unallocated budget reduction deptunderbudget)
000.07.574.200.00.05
(110,000)
Total Expenditures
Carryover of Unused Budget
Expenditures:
City Clerk Agenda Manager technology system
000.03.514.300.64.00
(21,000)
21,000
Police Crime Analytical Software
000.10.594.100.64.00
(15,000)
15,000
Dept 20 Transfers -out (Fund 303, Gen Govt)
000.20.597.000.00.00
(2,000,000)
2,000,000
Est Ending Unreserved Fund Balance
000.20.291.840.00.00
2,036,000
(2,036,000)
Total Expenditures
Council Decisions Budget Additions
Revenue
Indirect cost allocation transfer -in
000.397.000.00.00
(213,000)
(a) (213,000)
Total Revenue
(213,000)
Expenditures:
Dept 20 Transfers -out (Fund 105, Reserve)
000.20.597.000.00.00
166,260
1,200,000
(a)
Dept 20 Transfers -out (Fund 103, Residential Street)
000.20.597.000.00.00
220,000
(a)
Dept 20 Transfers -out (Fund 411, Golf course Fund)
000.20.597.000.00.00
550,000
Dept 20 Transfers -out (Fund 212 and 213 SCORE debt
service, not chgd by SCORE)
000.20.597.000.00.00
(250,000)
Dept 20 Transfers -out (Fund 215, debt service)
000.20.597.000.00.00
6,000
Dept 20 Loan to Park District
000.20.599.000.xx.xx
375,000
725,000
DCD Proposed Permit System
000.08.xxx.xxx.xx.xx
175,000
Est Ending Unreserved Fund Balance
000.20.291.840.00.00
(847,260)
(2,533,000)
Total Expenditures
(213,000)
(213,000)
12
CITY OF TUKWILA
2011 -2012 MID BIENNIUM BUDGET AMENDMENT
DETAIL Biennial Budget
Increase (Decrease)
2011 2012 Revenues Expenditures
New Initiatives COP Bicycle Team
11 MIMI Wall 214:533 11115 i-
Expenditures
104.391.100.00.00 (9,230,000)
9,230,000
Revenue
(9,230,000)
9,230,000
Police Department:
104.33x.xxx.xx.xx
6,600,000 (a)
Grant Revenue Tukwila Urban Center
104.333.203.XX.XX
416,000
Unallocated budget reduction (dept underbudget)
000.10.xxx.xxx.xx.xx
(220,000)
Expenditures
(9,230,000)
9,230,000
Salaries and benefits for 3 officers
000.10.xxx.xxx.xx.xx
494,000
345,000
104.01.291.840.00.00
6,522,000 (a)
Care and custody of prisoners (SCORE savings)
000.10.523.600.51.00
7,016,000 7,016,000
(125,000)
Est Ending Unreserved Fund Balance (2011 carry
over from Police dept)
000.20.291.840.00.00
220,000
(220,000)
Fund Total
100,064
100,064
tLIMOTEL TAX FUND 101, A
Revenue Backed Expenditures
Revenue
Other Revenue Competitor Group
101.369.900.00.00
38,600
Total Revenue
38,600
38,600
Expenditures
Professional services Rock N Roll Marathon
101.00.557.302.41.00
38,600
Total Expenditures
38,600
38,600
FUND TOTAL
38,600
38,600
Council Decisions Budget Additions
Revenue
Transfer in
103.397.000.00.00
220,000 (a)
Total Revenue
220,000
220,000
Expenditures:
Professional Services /construction
103.98.595.xx.xx.xx
220,000 (a)
Total Expenditures
220,000
220,000
FUND TOTAL
Carryover of Unused Budget
Expenditures
Professional Services 103.98.595.800.41.00 (130,000) 130,000
Est Ending Unreserved Fund Balance 103.01.291.840.00.00 130,000 (130,000)
Total Expenditures
FUND TOTAL 220,000 220,000
Carryover of Unused Budget
11 MIMI Wall 214:533 11115 i-
Revenue Backed Expenditures
104.391.100.00.00 (9,230,000)
9,230,000
Revenue
(9,230,000)
9,230,000
Grant Revenue various
104.33x.xxx.xx.xx
6,600,000 (a)
Grant Revenue Tukwila Urban Center
104.333.203.XX.XX
416,000
Total Revenue
104.98.595.800.xx.xx (9,230,000)
7,016,000 7,016,000
Expenditures
(9,230,000)
9,230,000
Land Right of way Transit Center
104.98.595.800.61.00
494,000
Est Ending Unreserved Fund Balance
104.01.291.840.00.00
6,522,000 (a)
Total Expenditures
7,016,000 7,016,000
FUND TOTAL
Carryover of Unused Budget
Revenue:
Debt proceeds
104.391.100.00.00 (9,230,000)
9,230,000
Total Revenue
(9,230,000)
9,230,000
Expenditures
Professional Services Construction
Southcenter Parkway
104.98.595.800.xx.xx (9,230,000)
9,230,000
Total Expenditures
(9,230,000)
9,230,000
Ending fund balance
Fund total
7,016,000 7,016,000
13
CITY OF TUKWILA
2011 -2012 MID BIENNIUM BUDGET AMENDMENT
DETAIL
Biennial Budget
Increase
(Decrease)
2011
2012
Revenues
Expenditures
MwaAam
Council Decisions Budget Additions
Revenue:
Transfer in General Fund
105.397.000.00.00
166,260
1,200,000
(a)
Total Revenue
166,260
1,200,000
1,366,260
Expenditure
Est Ending Unreserved Fund Balance
105.00.291.840.00.00
166,260
1,200,000
Total Expenditures
166,260
1,200,000
1,366,260
Fund total
1,366,260
1,366,260
Accounting Modifications:
Expenditure:
Transfer out
207.00.597.000.00.00
13,300
Est Ending Unreserved Fund Balance
207.00.291.840.00.00
(13,300)
Total Expenditures
Fund 207 total
Revenue:
Transfer in Fund 207
211.397.000.00.00
13,300
Total Revenue
13,300
13,300
Expenditure:
Est Ending Unreserved Fund Balance
211.00.291.840.00.00
13,300
Total Expenditures
13,300
13,300
Fund 211 total
Council Decisions Budget Additions
Revenue:
Transfer in General Fund
215.397.000.00.00
6,000
Total Revenue
6,000
6,000
Expenditure:
Principal payment
215.00.592.950.83.00
6,000
Total Expenditures
6,000
6,000
Fund total
Revenue:
Transfer in Land Park Acquisitions
209.397.301.00.00
3,302,960
(a)
Total Revenue
3,302,960
3,302,960
Expenditure:
Debt service payment
209.00.xxx.xxx.xx.xx
333,751
(a)
Est Ending Unreserved Fund Balance
3,302,960
(333,751)
(a)
Total Expenditures
3,302,960
3,302,960
Fund total
3,322,260
3,322,260
{{yy
F E E
Council Decisions Budget Additions
Expenditure:
Transfer out to debt service fund
301.00.597.209.00.00
3,302,960
(a)
Land
301.98.594.760.61.00
1,000,000
Est Ending Unreserved Fund Balance
301.00.291.840.00.00
(3,302,960)
(1,000,000)
(a)
Total Expenditures
Fund total
Carryover of Unused Budget
Expenditure:
Construction project
302.98.594.190.xx.xx
(87,000)
87,000
Est Ending Unreserved Fund Balance
302.00.291.840.00.00
87,000
(87,000)
Total Expenditures
Fund total
M
CITY OF TUKWILA
2011 -2012 MID BIENNIUM BUDGET AMENDMENT
DETAIL
Council Decisions Budget Additions
Construction Projects
Est Ending Unreserved Fund Balance
Total Expenditures
Fund total
303.98.594.190.65.00 600,000
303.00.291.840.00.00 (600,000)
(2,000,000) 2,000,000
Biennial Budget
Increase (Decrease)
N
Council Decisions Budget Additions
Expenditure:
Expenditure:
1995 Revenue bond principal ($1,370,000 payoff
Construction Projects
less December payment)
401.01.597.720.00.00 1,080,000
120,000
1995 Revenue bond principal
401.01.597.720.00.00
(310,000)
1995 Revenue bond interest
401.01.597.820.00.00
(80,494)
Est Ending Working Capital
401.02.293.800.00.00 (1,080,000)
390,494
Accounting Modification
416,000
2006 Revenue bond principal
401.01.597.720.01.00
(33,800)
2006 Revenue bond interest
401.01.597.820.01.00
(29,627)
2006 Revenue bond principal
401.02.582.347.72.00
33,800
2006 Revenue bond interest
401.02.592.347.83.00
29,627
Total Expenditures
402.01.597.820.01.00
Fund total
2006 Revenue bond principal
402.02.582.357.72.00
SR,Ft9ND 402.
777
`5 u
Carryover of Unused Budget
Expenditure:
Construction Projects
402.98.594.353.65.00
(120,000)
120,000
Est Ending Working Capital
402.02.293.800.00.00
120,000
(120,000)
Council Decisions Budget Additions
Professional Services
402.98.594.353.xx.xx
416,000
Est Ending Working Capital
402.02.293.800.00.00
(416,000)
Accounting Modification
2006 Revenue bond principal
402.01.597.720.01.00
(80,600)
2006 Revenue bond interest
402.01.597.820.01.00
(70,649)
2006 Revenue bond principal
402.02.582.357.72.00
80,600
2006 Revenue bond interest
402.02.592.357.83.00
70,649
Total Expenditures
Fund total
Accounting Modification
Revenue:
Investment interest
404.361.110.00.00
(60)
(60)
1995 Revenue bond principal Water /Sewer
404.397.720.00.00
(283,250)
(291,748)
2006 Revenue bond principal Water /Sewer
404.397.720.01.00
(123,600)
(127,308)
1995 Revenue bond interest Water /Sewer
404.397.820.00.00
(117,264)
(120,782)
2006 Revenue bond interest Water /Sewer
404.397.820.01.00
(127,463)
(131,287)
Total Revenue
(651,637)
(671,185) (1,322,822)
Expenditure:
Est Ending Working Capital
404.00.293.800.00.00
(53,435)
(77,341)
1995 Revenue bond principal Water /Sewer
404.00.582.380.72.00
(290,000)
(310,000)
2006 Revenue bond principal Water /Sewer
404.00.582.380.72.01
(105,600)
(105,600)
1995 Revenue bond interest Water /Sewer
404.00.592.380.83.00
(92,068)
(71,937)
2006 Revenue bond interest Water /Sewer
404.00.592.380.83.01
(104,310)
(99,896)
General Government transfer to General Fund
404.00.597.190.00.00
(6,224)
(6,411)
Total Expenditures
(651,637)
(671,185) (1,322,822)
Fund total
(1,322,822) (1,322,822)
15
CITY OF TUKWILA
2011 -2012 MID BIENNIUM BUDGET AMENDMENT
DETAIL
Biennial Budget
Increase (Decrease)
INCREASE IN BIENNIAL BUDGET $11,290,362 $11,290,362
(a) Represents an adjustment added since review of the budget amendments by the Finance Safety Committee on November 8th.
W
2011
2012 Revenues Expenditures
Council Decisions Budget Additions
Revenue:
Transfer in General Fund
411.397.190.00.00
550,000
(a)
Total Revenue
550,000
550,000
Expenditure:
Indirect cost allocation
411.00.597.000.00.00
(213,000) (a)
Small Tools Minor Equipment
411.00.576.680.35.00
114,210
Est Ending Working Capital
411.00.293.800.00.00
435,790
213,000
Total Expenditures
550,000
550,000
Fund total
550,000 550,000
a
Carryover of Unused Budget
Expenditures:
Professional Services
412.98.594.382.41.00
(225,000)
225,000
Land
412.98.594.382.61.00
(40,000)
40,000
Construction Projects
412.98.594.382.65.00
(333,000)
333,000
Est Ending Working Capital
412.02.293.800.00.00
598,000
(598,000)
Fund total
INCREASE IN BIENNIAL BUDGET $11,290,362 $11,290,362
(a) Represents an adjustment added since review of the budget amendments by the Finance Safety Committee on November 8th.
W
Finance Satety Committee Minutes
November 8, 2011— Pace 2
D. Ordinance: 2011 -2012 Budget Amendment
As required by the Revised Code of Washington, staff is seeking Council approval of an ordinance
amending the 2011- 12 Biennial Budget. The amendment includes many items that have been discussed
and addressed throughout the year.
After some discussion, the City Administrator clarified that the Council has the legal authority to approve
city funds and appropriations. The responsibility to transfer dollars within a fund is an Executive function.
Committee Member Robertson asked for specific details regarding the origin of the "surplus" funds from
the Public Works Department, Mayor's Office, and Parks Recreation. Chair Hougardy noted that we
seem to be consistently over budget in the City Attorney's office. Committee Member Hernandez
wondered if the City should at some point consider hiring an in -house attorney. Committee Member
Robertson suggested that staff review the history of budgeted versus actual costs, to improve estimates for
I>k expenditures in the future.
Discussion continued regarding the subsidies for Foster Golf Course. Committee Member Robertson
requested that staff provide a summary of what the General Fund will need to subsidize for the golf
course during the next six years, since it has been difficult to get a clear understanding of the costs related
to the golf course. He also suggested a detailed walk- through of this summary with Councilmembers at
the November 14 COW meeting. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
E. Memorandum of Understanding with Washington Cities Insurance Authoritv
Staff is seeking Council approval of a memorandum of understanding with Washington Cities Insurance
Authority (WCIA) which will reduce the City's liability insurance deductible from $100,000 to $25,000.
Interim Finance Director Peggy McCarthy explained that this change in deductible could reduce the
City's overall costs related to insurance. The Committee requested that staff consider reformatting and
simplifying the data and analysis for presentation to the Council. It was also suggested that staff look
specifically at the number and types of claims when this analysis is done next year. UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 14 COW FOR DISCUSSION.
F. Proaosal: Additional Police StaffinLy
Chief Villa explained that the City had a bicycle patrol on Highway 99 in the mid 1990s. The patrol was
an effective tool in crime mitigation, but was discontinued several years later due to competing interests
and demands in the Department.
The recent closure of the Neighborhood Resource Center has resulted in increased reports by citizens
regarding panhandling and prostitution. The Police Department continues to do whatever it can to create a
safe neighborhood environment in the TIB area, and is looking into re- instating a bicycle patrol.
However, the patrol cannot be staffed with the current number of officers. Funding for the three additional
positions needed, will come from savings from the 2011 budget and with adjustments to the 2012 budget.
UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 14 COW FOR DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 6:25 p.m.
Next meeting: Tuesday, November 22, 2011 5:00 p.m. Conference Room #3
9� q Committee Chair Approval
Min t s by JT and KH. Reviewed by PM and KAM.
17
im
COUNCIL AGENDA SYNOPSIS
CAS NUMBLY
AGF,NDA I'rr I TI'1'I,I
Initials
ITEM NO.
Meeting Date Prepared by I Mayor's review I
11/28/11 PM C_.. I
Council review
(Q,t'1 1 3
(2)
12/05/11 PM
4.A
(2)
ITEM INFORMATION
STAFF SPONSOR: PEGGY MCCARTHY
ORIGINAI_AGI -JNDA DA'1'1
11/28/11
Resolution adopting the 2012 -2017 Financial Planning Model and
Capital Improvement Program
C rFG )RY Discussion Motion Resolution Ordinance .Bid Award Public Hearing Other
Alts Date 11/28/11 A7tg Date A7tg Date 12105111 A4tg Date Altt Date tl?.tg Date 11/28/11 Mtg Date 11/21/11
SM )NSOR Council Mayor HR DCD Finance ❑Fire IT P&'R Police PIT%
SPONSOR'S This resolution will adopt the 2012 -2017 Financial Planning Model and Capital
SUNNIMARY Improvement Program with a Public Hearing on 11/28/11. Council reviewed the
Proposed 2012 -2017 CIP at the Budget Workshops held on 10/25/11 and 11/21/11.
HY cow Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: N/A SPECIAL SESSION 11/21 COMMITTEE CHAIR:
RECOMMENDATIONS:
S1 /ADi\41N. Finance and Public Works
COMMIT °I'F;I
COST IMPACT FUND SOURCE
EZPrNDI"1'U1ZI-: RI?()UIRIsIll AMOUNT BUDGETED
$0.00 $0.00
Fund Source:
Comments:
MTG. DATE
11/21/11
11/28/11
12/5/11
MTG. DATE
11/28/11
12/05/11
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
$0.00
RECORD OF COUNCIL ACTION
Council briefing and discussion
ATTACHMENTS
Informational Memorandum dated 11/22/11
Attachments A, B, and C
Attachment G
Draft Resolution
19
20
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
FROM
IN O
Mayor Haggerton
Tukwila City Council
Bob Giberson, Public Works Director
Peggy McCarthy, Interim Finance Director
November 22, 2011
SUBJECT: 2012 2017 Financial Planning Model and Caoital Improvement Proaram
Resolution
ISSUE
Approve Resolution adopting the 2012 2017 Financial Planning Model and Capital Improvement
Program (CIP).
BACKGROUND
The Council reviewed the Attachments and the CIP projects at the CIP Workshops held on October
25 and November 21, 2011. Changes were made to Attachment A subsequent to the November 21 st
workshop to reflect the following:
Reference
Attachment A
Attachment A
Attachment A
Attachment A
Attachment A
Attachment B
Attachment G
Attachment G
Attachment G
Line Description
Intergovernmental revenue
Intergovernmental revenue
Transfer to reserve fund
Unfunded PERS balance
Total Fund Balances
Reserves
Transfers to Golf Course
Sales Tax
Operations maintenance
Indirect cost allocation
Action Taken
Added $370K to 2012 for BLS Emergency grant
previously not included
Eliminated COPs grant revenue in 2013 and
thereafter
Added to reserve funding for 2012 -2017 to
achieve ending reserve balance equal to 16% of
2017 general fund revenues plus 1% of GF
revenues for each of the years 2011 2017.
Added line item to show cumulative effect of
annual set -aside
Added line to provide total balances available at
the end of each year.
Eliminated the previously proposed budget
amendment for 2012; remaining transfer is part of
adopted 2012 budget
Eliminated the previously proposed budget
amendment for 2012; remaining transfer is part of
adopted 2012 budget
Reduced amount to achieve ending cash
accumulated total for 2011 Estimate of $0.
Footnoted to communicate intention of revising
amounts in 2013 and thereafter after review and
update of allocation.
WT IN Projects \Council Agenda Items \Workshop 11- 21- 11 \11 -22 -11 \Resolution Info Memo 2012 -2017 docx
21
INFORMATIONAL MEMO
Page 2
DISCUSSION
The model indicates an ending fund balance of the governmental funds, (excluding the Hotel /Motel
Tax Fund) of a $1,206K deficit at the end of the six -year period. However if the set -aside for the
unfunded PERS is added, the balance increases to $4,081 K. The balance in the reserve fund at
the end of this period is $13,093K.
RECOMMENDATION
The Council is being asked to approve the Resolution for the 2012 2017 Financial Planning Model
and Capital Improvement Program for consideration at the November 28, 2011 Committee of the
Whole meeting (with a Public Hearing) and subsequent December 7, 2009 Regular Meeting.
ATTACHMENTS
Resolution
Attachment A
Attachment B
Attachment G
WARN ProjectslCouncil Agenda Items\Workshop 11 -21- 11111- 22- 111Resolution Info Memo 2012- 2017.docx
22
ATTACHMENT A
CITY OF TUKWILA
TOTAL REVENUES EXPENDITURES
2012 2017 Analysis in 000's
REVENUES (see A-1)
2009
Actual
2010
Actual
2011
Budget
2011
Estimate
2012
2013
2014
2015
2016
2017
1
Totals
General Revenues
Sales Tax
14,739
16,060
15,400
16,200
16,248
16,492
16,739
17,241
17,759
18,291
102,770
Property Taxes
12,190
13,189
13,530
13,800
13,868
14,215
14,570
14,934
15,308
15,690
88,585
Utility Taxes
4,942
4,064
4,723
4,800
4,840
4,985
5,135
5,289
5,447
5,611
31,307
RGRL
1,900
1,465
1,475
1,512
1,550
1,588
1,628
1,669
9,422
One -time sale of property
700
10
0
1,000
0
0
0
0
1,000
Interfund Utility Taxes
1,813
1,498
1,426
1,500
1,524
1,545
1,628
1,741
1,820
1,907
10,165
Gambling Taxes
2,568
2,110
2,586
2,400
2,502
2,577
2,654
2,734
2,816
2,901
16,184
Contract Agreement SCL
1,967
2,071
2,000
2,000
2,050
2,112
2,175
2,240
2,307
2,377
13,260
Charges /Fees for Services
2,727
3,985
4,338
4,345
4,169
4,294
4,423
4,556
4,692
4,833
26,967
Transfers In Other Funds
1,857
1,696
1,475
1,837
1,656
1,706
1,757
1,810
1,864
1,920
10,712
Intergovernmental Revenue
3,572
1,189
872
949
1,182
873
900
927
954
983
5,819
Other Taxes /Miscellaneous
2,793
2,386
2,432
2,400
1,609
1,657
1,707
1,758
1,811
1,865
10,408
Subtotal
49,168
48,248
51,382
51,706
51,123
52,968
53,237
54,818
56,407
58,046
326,599
Dedicated Revenues (Capital)
Real Estate Taxes
257
379
201
250
200
206
212
219
225
232
1,294
Motor Vehicle Taxes
393
394
339
360
345
355
366
377
388
400
2,232
Investment Interest/Misc.
136
62
18
100
129
133
137
141
145
150
834
Property Taxes
12
0
64
99
65
67
68
70
72
74
415
Parking Taxes
156
144
108
133
111
114
118
121
125
129
718
Subtotal
954
979
730
942
850
875
901
928
955
984
5,493
TOTAL REVENUE AVAILABLE
50,122
49,227
52,112
52,648
51,973
53,843
54,138
55,746
57,362
59,030
332,092
EXPENDITURES
Operations Maintenance:
44,641
43,640
45,335
44,100
45,210
47,010
49,125
51,336
53,646
56,060
302,386
(See Attachment B)
Debt Service
2,094
2,331
2,925
2,750
3,279
6,037
3,130
2,643
2,414
2,406
19,909
Transfer to Reserve Fund
0
0
400
1,500
3,000
3,400
3,500
548
564
580
11,593
Estimated Unfunded PIERS
0
0
0
0
803
835
868
903
939
939
5,287
Admin /Engineering Overhead
497
552
384
515
309
318
328
338
338
348
1,978
Subtotal Available
2,890
2,704
3,068
3,783
(628)
(3,757)
(2,812)
(22)
(538)
(1,303)
(9,061)
Capital Attachment C
Residential Streets
0
32
(80)
20
650
0
200
500
2,800
0
4,150
Arterial Streets /Bridges
5,560
1,202
2,705
2,000
(3,769)
2,550
1,935
2,865
1,945
2,035
7,561
Parks Trails
0
315
590
(43)
1,119
338
142
142
(58)
(54)
1,629
General Government
Facilities
193
16
101
10
100
(4,355)
0
0
0
0
(4,255)
General Imp /HHD Response
2,612
1,740
2,144
326
2,715
500
500
500
500
500
5,215
Fire Improvements
0
0
0
(50)
(50)
0
0
0
(50)
(55)
(155)
Subtotal Capital
8,365
3,305
5,460
2,263
765
(967)
2,777
4,007
5,137
2,426
14,145
Balance by Year
(5,475)
(601)
(2,392)
1,520
(1,393)
(2,790)
(5,589)
(4,029)
(5,675)
(3,729)
(23,206)
Carryover from 2011
26,556
21,082
18,640
20,480
22,000
0
0
0
0
0
22,000
Accumulated Totals (a)
21,081
20,481
16,248
22,000
20,607
17,817
12,228
8,199
2,523
(1,206)
Reserve fund balance (b)
1,500
4,500
7,900
11,400
11,948
12,612
13,093
Unfunded PIERS balance
803
1,638
2,506
3,409
4,348
5,287
TOTAL FUND BALANCE RESERVES
25,910
27,355
26,134
23,556
19,384
17,174
(a) Represents ending fund balance of all governmental funds
except
the Hotel /Motel Tax Fundl01
and the Contingency Fund
105.
(b) Represents the ending fund balance of the Contingency
Fund 105.
2012 2017 Financial Planning Model V i l 11/2212011
23
24
ATTACHMENT B
City of Tukwila
General Fund Operations Maintenance Expenditures
2012 2017 Analysis in 000's
Notes:
A 4.5% increase is anticipated for the years 2013 -2016 due to the expected increases in healthcare, retirement rates,
and general inflationary pressures. Most of the increases will be related to salaries and benefits. Moderate cost -of- living
allowances (COLAS) are projected along with the normal annual step increases.
The Rainy Day contingency and the estimated ending fund balances are not shown here as budgeted amounts because
they are considered reserves to be used in emergencies.
2012 2017 Financial Planning Model
XI
1 1/22/2011
25
2010
EXPENDITURES
Actuals
2012
2013
2014
2015
2016
2017
Totals
City Council
243
270
282
295
308
322
336
1,814
Mayor, Boards
2,229
2,523
2,637
2,755
2,879
3,009
3,144
16,947
Human Resources
464
573
599
626
654
683
714
3,849
Finance
2,183
1,603
1,675
1,751
1,829
1,912
1,998
10,767
City Attorney
579
543
567
593
620
648
677
3,647
Parks Recreation
4,123
3,509
3,667
3,832
4,005
4,185
4,373
23,571
Community Development
2,635
2,684
2,805
2,931
3,063
3,201
3,345
18,028
Municipal Court
1,209
994
1,039
1,085
1,134
1,185
1,239
6,677
Police
13,166
14,063
14,696
15,357
16,048
16,770
17,525
94,460
Fire
9,914
10,226
10,686
11,167
11,670
12,195
12,743
68,687
Information Technology
953
1,154
1,206
1,260
1,317
1,376
1,438
7,751
Public Works /Streets
5,689
6,290
6,573
6,869
7,178
7,501
7,838
42,249
Dept. 20 Miscellaneous
253
553
578
604
631
659
689
3,714
Transfers to Golf Course
225
225
TOTAL EXPENDITURES
43,640
45,210
47,010
49,125
51,336
53,646
56,060
302,386
Notes:
A 4.5% increase is anticipated for the years 2013 -2016 due to the expected increases in healthcare, retirement rates,
and general inflationary pressures. Most of the increases will be related to salaries and benefits. Moderate cost -of- living
allowances (COLAS) are projected along with the normal annual step increases.
The Rainy Day contingency and the estimated ending fund balances are not shown here as budgeted amounts because
they are considered reserves to be used in emergencies.
2012 2017 Financial Planning Model
XI
1 1/22/2011
25
26
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30 XV
REVENUES
Green Fees I I
Sales Tax Izl
Merchandise Sales
Power Cart Rentals
Concession Proceeds
Other Revenue (3)
Total Revenues
EXPENDITURES
Operations Maintenance (4)
Indirect Cost Allocation X51
Debt Service iel
Subtotal
Golf Capital CIP Program
Total Expenditures
Cash Flow Year by Year
Carryover from 2011
Accumulated Totals
2009
Actual
1,034
328
158
186
19
31
1,756
ATTACHMENT G
City of Tukwila
GOLF ENTERPRISE FUND
2012 2017 Analysis in 000's
2010 2011 2011
Actual Budget Estimate 2012 2013
1,018 1,200 920 970 970
330 225 775 225
132 148 130 130 130
172 195 173 175 175
80 120 90 95 98
24 24 24 24 24
1,756 1,912 2,112 1 1,619 1,397
1,672
1,600
1,701
1,512
13
13
222
222
378
335
339
339
2,063
1,948
2,262
2,073
0
0
75
67
2,063
1,948
2,337
2,140
(307)
(192)
(425)
(28)
610
220
425
28
303 28 0
2014
2015
2016
2017
Total
1,019
1,019
1,068
1,068
6,114
225
136
136
142
142
816
183
183
191
191
1,098
101
104
107
110
614
25
25
26
26
150
1,464
1,467
1,534
1,537
9,017
1,458
1,448
1,486
1,521
1,562
1,601
9,076
15
15 (a)
16
16
17
17
97
1,473
1,463
1,502
1,537
1,579
1,618
9,173
66
80
80
80
82
82
470
1,539
1,543
1,582
1,617
1,661
1,700
9,643
80
(147)
(118)
(151)
(127)
(163)
(626)
80 (67) (185) (335) (462) (626)
(a) Indirect cost allocation will be adjusted after an update and review of the cost allocation methodology.
2012 -2017 Financial Planning Model
XX I I
11/22/2011
31
32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE 2012 -2017
FINANCIAL PLANNING MODEL AND THE CAPITAL
IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT
AND THE CITY'S ENTERPRISE FUNDS.
WHEREAS, when used in conjunction with the biennial City budget, the Capital
Improvement Program (CIP) and the Financial Planning Model for the period 2012-
2017 are resource documents to help plan directions the City will consider for the
future; and
WHEREAS, the Financial Planning Model and Capital Improvement Program are
not permanent fixed plans, but are guidelines or tools to help reflect future goals and
future resources at the time budgets are being planned; and
WHEREAS, the commitment of funds and resources can only be made through the
budget process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby adopts the 2012 -2017 Financial Planning
Model and accompanying Capital Improvement Program, incorporated by this reference
as if fully set forth herein.
Section 2. A copy of the 2012 -2017 Financial Planning Model and accompanying
Capital Improvement Program shall be kept on file in the City Clerk's Office.
Section 3. The assumptions, revenues and expenditures will be reviewed and
updated annually, or as necessary, by the City Council.
Section 4. The detail of Capital Improvement Program projects will be reflected in
the published Financial Planning Model and Capital Improvement Program 2012 -2017.
W: \Word Processing- City \Resolutions \Financial Planning Model CIP 2012 -2017
cL:bjs Page 1 of 2
33
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Allan Ekberg, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment: Financial Planning Model and Capital Improvement Program 2012 -2017
W: \Word Process ing- City \Resolutions \Financial Planning Model CIP 2012 -2017
GL:bjs
Page 2 of 2
34
COUNCIL AGENDA SYNOPSIS
rnitials ITEM NO.
Meetiizq Date Prepared by I Mayor's review C i{racil review
11/28/11 RT 4.B.
12/05/11 RT
ITEM INFORMATION
CAS STAFF SPONsoR: RICHARD TAKECHI OI2]GINALAGFNDA DATr 11/28/11
A( ;I ?ND,\ ITI Trrl:r. Establishment of a second $100.00 Change Fund Level for the Finance Dept and
Repeal of Resolution No. 1721.
Cxi'r(,oltY Discu.0 on Motion Resolution Ordinance .Bid Award .Public.Hearing Other
Alt; Date 11/22/11 Altg Date Mtg Date 12/5/11 Mtg Date Altg Date Mtg Date Alt Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PIS/
SPONSOR'S To provide greater operational efficiency and enhanced customer service, a second Finance
SU`1n -rARY Dept cash register was installed. It is now necessary to establish a second $100.00
change fund for the Finance Dept. Council is being asked to adopt a resolution
establishing this second change fund.
RI ,VIFANtI?ID BY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/22/11 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /AI)M]N. Finance
COM\4FI IT "F Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EZPENDrI'1jR1 Ri ;1ouiRI-1ID AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source:
C'otnnnenis:
MTG.DATEI RECORD OF COUNCIL ACTION
11/28/11
MTG. DATE I ATTACHMENTS
11/28/11 I Informational Memorandum dated 11/22/11
Resolution in draft form
Resolution 1721
Minutes from the Finance and Safety Committee meeting of 11/22/11
12/05/11
35
36
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance Safety Committee
FROM: Peggy McCarthy, Interim Finance Director
DATE: November 2, 2011
SUBJECT: Establishment of a second $100.00 Change Fund Level for the
Finance Department
ISSUE
To establish a second, new $100.00 change fund level for the Finance Department and repeal
Resolution No. 1721.
BACKGROUND
A second Finance Department cash register was installed in October to provide for operational
efficiency and improved customer service. It is the desire of staff to establish a second change
fund level in the amount of $100.00 for this second cash register.
DISCUSSION
The attached proposed resolution will establish a second change fund level for the Finance
Department as follows:
Finance Department:
General Fund (000) 100.00
Water Fund (401) 100.00
Total Finance Department 200.00
Once the City Council approves the establishment of the second change fund level for the
Finance Department through the repeal of Resolution No. 1721, a claims disbursement check
will be issued through Accounts Payable to release the funds.
RECOMMENDATION
The Council is being asked to consider this item at the November 28, 2011 Committee of the
Whole meeting and subsequent December 5, 2011 Regular Meeting.
ATTACHMENTS
-Draft Resolution
Resolution No. 1721.
37
m
Y•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING A SECOND
FINANCE DEPARTMENT CHANGE FUND LEVEL, AND
REPEALING RESOLUTION NO. 1721.
WHEREAS, the Tukwila City Council previously established Change Funds and
Petty Cash Fund levels, most recently by Resolution No. 1721, passed July 19, 2010;
and
WHEREAS, the Change Fund levels established by Resolution No. 1721 included
only one Change Fund level for the Finance Department, from the Water Fund -401; and
WHEREAS, there is a need to establish a second Change Fund level from the
General Fund -000 in the amount of $100.00 for the Finance Department for operational
efficiency and improved customer service;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Change Fund levels are hereby set as follows:
Finance Department
Finance Department
City Clerk's Office
Seattle Southside Visitor Center
Municipal Court
Parks and Recreation
Golf Course
General Fund
water Fund
General Fund
Hotel /Motel Tax Fund
General Fund
General Fund
Foster Golf Course Fund
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000 I 100.00
401 I
100.00
000
100.00
101
100.00
000
300.00
000
300.00
411
1,200.00
(or less as needed)
Page 1 of 2
39
Section 2. The Petty Cash Fund levels are hereby set as follows:
Finance Department
lGeneral Fund
000
800.00
Police Investigation /Tukwila
lGeneral Fund
000
10,000.00
Fire Department
lGeneral Fund
000 1
350.00
Parks and Recreation
lGeneral Fund
000 1
500.00
Public Works Division II
lGeneral Fund
000 1
350.00
Public Works Division I
lGeneral Fund
000 1
200.00
Section 3. Resolution No. 1721 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 2011.
ATTEST /AUTH ENTICATED:
Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
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is
..'�N`g
Im y ;IF
1908
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING A SEATTLE
SOUTHSIDE VISITOR CENTER CHANGE FUND LEVEL;
AND REPEALING RESOLUTION NO. 1676.
WHEREAS, the Tukwila City Council previously established Change Funds and
Petty Cash Fund levels, most recently by Resolution No. 1676, passed February 2, 2009;
and
WHEREAS, for the implementation of new retail operations, cashiering functions
and improved customer service, there is a need to establish a new change fund level in
the amount of $100.00 for the Seattle Southside Visitor Center;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Change Fund levels are hereby set as follows:
Finance Department
City Clerk's Office
Seattle Southside Visitor Center
Municipal Court
I Parks and Recreation
Golf Course
1 Water Fund
1 General Fund
1 Hotel /Motel Tax Fund
1 General Fund
1 General Fund
Foster Golf Course Fund
0001
100.001
0001
100.001
lol
100.001
000 I
300.001
0001
300.001
4111
1,200.00
Parks and Recreation
(or less, as needed)
Section 2. The Petty Cash Fund levels are hereby set as follows:
Finance Department
1 General Fund
000
800.001
Police Investigation /Tukwila
I General Fund
000 I
10,000.001
Fire Department
1 General Fund
000 1
350-001
Parks and Recreation
General Fund
000 I
500.001
Public Works Division II
General Fund
000 I
350.001
Public Works Division I
1 General Fund
000 1
200.001
Section 3. Resolution No. 1676 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 0 74 day of 2010.
J
ATTEST/ AUTHENTICATED
Robertson, Council President
Christy OT14herty, CMC, Cititlerk
APPROVED T RM BY:
O of the ey
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PM:mrh 7/13/2010
Filed with the City Clerk- L4 n
Passed by the City Council:
Resolution Number:
Page 1 of 1
41
42
City of Tukwila
Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE Meeting Minutes
November 22, 2011— 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson
Staff: Mike Villa, Don Lincoln, David Cline, Stephanie Brown, Peggy McCarthy, Melissa Hart and
Kimberly Matej
Guests: Chuck Parrish and Ellen Gengler
CALL TO ORDER: Chair Hougardy called the meeting to order at 5:01 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. 2011 Justice Assistance Grant
As information only, Police staff shared with the Committee a recently received grant from the
Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of
$21,309. This grant will be utilized for emergency equipment and technology, specifically for the
following:
Purchase of Administrative Investigations Management Software for logging, tracking, analysis
and management of multiple internal projects.
Purchase of critical first responder active shooter Go -Bags and support equipment.
This grant is under the $40,000 budgetary threshold, and therefore, does not require full Council approval.
INFORMATION ONLY.
B. Resolution: Non Represented Emplovee 2012 Wage and Benefit Package
The Committee Members have received additional information relative to this item and have requested
the item be moved to the December 6, 2011; Finance Safety Committee meeting so that there is ample
time to review the new information. Updated information will be provided in the agenda packet for that
meeting. RETURN TO DECEMBER 6 COMMITTEE.
C. Resolution: New Finance Chanae Fund
Staff is seeking Council approval of a resolution that will establish a second change fund in the amount of
$100.00 for the Finance Department. The addition of the change fund is needed for a second cash register
that has been installed in Finance Department for cash transactions related to customer purchases and
payments. This will require the repeal of Resolution No. 1721. UNANIMOUS APPROVAL.
FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
D. Miscellaneous Revenue Report
Sales tax revenues continue to be above budget, with increased revenues in comparison to the same time
last year. August 2011 sales tax actuals are almost identical to 2010; hopefully, this flattening in receipts
will not be a trend. Finance staff also reviewed the top 10 industry classification and the 10 largest
declines. Both gambling and admissions taxes are below budget. The Committee requested that the sales
tax information be provided in two charts, rather than one (as seen on page 41 of the agenda packet). One
chart would reflect retail sales tax and the other would reflect construction sales tax. INFORMATION
ONLY.
FI
x
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by Mayors review CouV6V review
11/28/11 PM C
12/05/11 PM 4.C.
ITEM INFORMATION
CAS NUMI31?R: ST. \F' SPONSOR: PEGGY MCCARTHY ORIGIN/U,AGL,NDA DA'1'L: 11/28/11
AGI3NDA IT ,M Trrl,r, An ordinance authorizing refunding of the arterial street portion of the Limited
General Obligation Bonds 2003.
Discussion Motion Resolution Ordinance Bid Award Public Heariiia Other
NIt Date 11/28/11 11Ytg Date Alt Date iAlig Date 1215111 A7tg Date t12tg Date Alt
g Date
SPONSOIZ Council Mayor HR DCD Finance Fire IT P &R Police Pldl
SPONSOR'S The City issued $12,050,000 of limited tax general obligation bonds in 2003 to finance
SUMMARY arterial street improvements and the construction of the golf course clubhouse. The
proposed refunding would defease the bonds outstanding at December 1, 2013, the
earliest call date. The savings from the refunding is estimated at $354,651.95 or 4.878% of
the refunded bonds with $281,442.17 realized from the arterial street fund portion of the
bond issue and $136,209.78 realized from the golf course portion of the bond issue.
RI ;vI I?��tliD RY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 09/20/11 COMMITTEE CHAIR: KATHY HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance
COMMrrrI =,I`; For Discussion; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXIII� ;NDITURI; RI ?OUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0.00 $0
Fund Source:
Connnents.
MTG.DATEI RECORD OF COUNCIL ACTION
09/26/11 I Return to a future Committee of the Whole Meeting
11/28/11
MTG. DATE
09/26/11
11/28/11
ATTACHMENTS
Informational Memorandum dated 09/14/11; revised 9 -21 -11
Draft Bond Refunding Ordinance
Sumary of Refunding Results Proposed Refunding of 2003A LTGO Bonds
Sumary of Refunding Results Proposed Refunding of 2003A LTGO Bonds Street only
Informational Memorandum dated 11/21/11
Ordinance in draft form
Minutes from the 9/20/11 F &S and 9/26/11 Committee of the Whole Meetings
45
m
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Councilmembers
FROM: Peggy McCarthy, Interim Finance Director
DATE: November 21, 2011
SUBJECT: Refunding of the Arterial Street Fund 104 portion of the General
Obligation Bonds 2003
ISSUE
Approve refunding of the Arterial Street Fund 104 portion of the General Obligation Bonds
2003.
BACKGROUND
The City issued general obligation bonds in 2003 to finance Arterial Street Fund 104 capital
improvements and capital improvements in other funds. Of the total issue, $6,277,500 was
allocated to the Arterial Street Fund 104; the outstanding balance of this bond issue being
considered for refunding is $4,633,241.
DISCUSSION
Interest rates have declined to make refunding these bonds financially advantageous to the City
at this time. The present value savings is estimated at $202,804 or 4.36 If Council
authorizes this refunding and interest rates remain at a level that continues to make the
refunding feasible, the bond pricing and sale will occur on December 12, 2011.
RECOMMENDATION
The Council is being asked to consider the refunding of the Arterial Street Fund 104 portion of
the 2003 General Obligation bonds at the November 28, 2011 Committee of the Whole Council
meeting and to approve this item at December 5, 2011 Regular Meeting.
ATTACHMENT
Draft of bond ordinance.
WA2011 Info Memos- CounciNnfoMemo ITGO 2003 refunding (104 portion).docx
47
WLLOJ FAR
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS;
PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO
EXCEED $5,000,000 PAR VALUE OF LIMITED TAX GENERAL
OBLIGATION REFUNDING BONDS, 2011, TO PROVIDE THE FUNDS
WITH WHICH TO CARRY OUT AN ADVANCE REFUNDING OF THE
CALLABLE PORTION OF THE SHARE OF THE CITY'S LIMITED TAX
GENERAL OBLIGATION BONDS, SERIES 2003A ALLOCATED TO
STREET IMPROVEMENTS, AND TO PAY THE ADMINISTRATIVE
COSTS OF THE REFUNDING AND THE COSTS OF ISSUANCE AND
SALE OF THE BONDS; PROVIDING FOR AND AUTHORIZING THE
PURCHASE OF CERTAIN OBLIGATIONS OUT OF THE PROCEEDS
OF THE SALE OF THE BONDS HEREIN AUTHORIZED AND FOR THE
USE AND APPLICATION OF THE MONEY DERIVED FROM THOSE
INVESTMENTS; AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION, AS
REFUNDING TRUSTEE; PROVIDING FOR THE CALL, PAYMENT AND
REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED;
FIXING CERTAIN TERMS AND COVENANTS OF THE BONDS;
APPOINTING THE FINANCE DIRECTOR AS THE CITY'S
DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS
OF THE SALE AND ISSUANCE OF THE BONDS; PROVIDING FOR
SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE; AND
PROVIDING FOR RELATED MATTERS.
WHEREAS, pursuant to Ordinance No. 2027, the City heretofore issued the 2003A
Bonds (defined below), and by that ordinance reserved the right to redeem the 2003A
Bonds prior to their maturity on December 1, 2013, at a price of par plus accrued
interest to the date fixed for redemption; and
WHEREAS, there are presently outstanding $8,400,000 par value of 2003A Bonds,
of which $4,605,000 mature on December 1 of each of the years 2014 through 2021,
inclusive, and 2023, bear various interest rates from 3.95% to 4.65 and are entirely
allocable to street improvements (the "Refunded Bonds and
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WHEREAS, after due consideration, it appears to the City Council that the
Refunded Bonds may be refunded by the issuance and sale of the limited tax general
obligation refunding bonds authorized herein (the "Bonds so that a substantial savings
will be effected by the difference between the principal and interest cost over the life of
the Bonds and the principal and interest cost over the life of the Refunded Bonds but for
such refunding, which refunding will be effected by carrying out the Refunding Plan; and
WHEREAS, to effect that refunding in the manner that will be most advantageous to
the City it is found necessary and advisable that certain Acquired Obligations (defined
below) bearing interest and maturing at such time or times as necessary to accomplish
the refunding as aforesaid be purchased out of a portion of the proceeds of the Bonds
and other money of the City, if necessary; and
WHEREAS, the City Council deems it to be in the best interests of the City to issue
and sell the Bonds to pay the cost of carrying out the Refunding Plan (defined below);
WHEREAS, RCW 39.46.040(2) provides that an ordinance authorizing the
issuance of bonds may authorize an officer of the City to serve as the City's designated
representative and to accept, on behalf of the City, an offer to purchase those bonds so
long as the acceptance of such offer is consistent with the terms established by an
ordinance that establishes, or sets parameters with respect to, the following final terms:
the amount, date or dates, denominations, interest rate or rates (or mechanism for
determining interest rate or rates); payment dates, final maturity, redemption rights,
price, minimum savings for refunding bonds (if the refunding bonds are issued for
savings purposes), and any other terms and conditions deemed appropriate by the City
Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following words shall have
the following meanings:
A. "Acquired Obligations" means those United States Treasury Certificates of
Indebtedness, Notes, and Bonds -State and Local Government Series and other direct,
noncallable obligations of the United States of America purchased to accomplish the
refunding of the Refunded Bonds as authorized by this ordinance.
B. "Authorized Denomination" means $5,000 or any integral multiple thereof
within a maturity.
C. "Beneficial Owner" means the owner of any beneficial interests in the Bonds.
D. "Bond Counsel" means Foster Pepper PLLC or any other nationally
recognized bond counsel firm then representing the City.
E. "Bond Fund" means the Limited Tax General Obligation Refunding Bond Fund,
2011, created by this ordinance for the payment of the Bonds.
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F. "Bond Purchase Contract" means a purchase contract presented to the City by
the Underwriter offering to purchase the Bonds under the terms and conditions provided
therein.
G. "Bond Register" means the books or records maintained by the Bond Registrar
for the purpose of identifying ownership of the Bonds.
H. "Bond Registrar" means the Fiscal Agent.
I. "2003A Bonds" means the City's $9,850,000 par value Limited Tax General
Obligation Bonds, Series 2003A, issued for the purpose of providing funds with which to
reimburse itself for a part of the cost of transferring certain property between the City and
King County, to pay or reimburse itself for a part of the cost of making various arterial
street improvements, to redeem the City's outstanding Limited Tax General Obligation
Bond Anticipation Note, 2000 (Foster Golf Course), and to pay the costs of issuance of the
2003A Bonds.
J. "Bonds" means the not to exceed $5,000,000 par value Limited Tax General
Obligation Refunding Bonds, 2011, of the City issued pursuant to and for the purposes
provided in this ordinance.
K. "City" means the City of Tukwila, Washington, a municipal corporation duly
organized and existing under the laws of the State.
L. "City Council" means the governing body of the City, acting in its legislative
capacity.
M. "Closing Date" means the date on which the Bonds are delivered to the
Underwriter upon payment in full therefor.
N. "Code" means the United States Internal Revenue Code of 1986, as amended,
and applicable rules and regulations promulgated thereunder.
O. "Designated Representative" means the Finance Director, as appointed in
Section 4 of this ordinance to serve as the City's designated representative in
accordance with RCW 39.46.040(2) for purposes of accepting, on behalf of the City, an
offer to purchase the Bonds on terms consistent with this ordinance and the parameters
set forth herein.
P. "DTC" means The Depository Trust Company, New York, New York.
Q. "Final Terms" means the terms and conditions for the sale of the Bonds
including, but not limited to the amount, date or dates, denominations, interest rate or
rates (or mechanism for determining interest rate or rates), payment dates, final
maturity, redemption rights, price, and minimum savings for refunding bonds (if the
refunding bonds are issued for savings purposes).
R. "Finance Director" means the Finance Director of the City or the successor
officer, including without limitation any person acting in the capacity of the City's
Finance Director.
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S. "Fiscal Agent" means the fiscal agent of the State, as the same may be
designated by the State from time to time.
T. "Letter of Representations" means the Blanket Issuer Letter of
Representations dated October 18, 1999, between the City and DTC, as it may be
amended from time to time.
U. "MSRB" means the Municipal Securities Rulemaking Board.
V. "Owners" means, without distinction, the Registered Owner(s) and the
Beneficial Owner(s).
W. "Refunded Bond Ordinance" means Ordinance No. 2027 passed by the City
Council on September 8, 2003 authorizing the issuance of the 2003A Bonds.
X. "Refunded Bonds" means the $4,605,000 street improvements portion of the
outstanding 2003A Bonds of the City maturing in the years 2014 through 2021,
inclusive, and in 2023, issued pursuant to the Refunded Bond Ordinance, the refunding
of which has been provided for by this ordinance.
Y. "Refunding Plan" means:
1. the placement of sufficient proceeds of the Bonds which, with other money
of the City, if necessary, will acquire the Acquired Obligations to be deposited, with
cash, if necessary, with the Refunding Trustee;
2. the application of the principal of and interest on the Acquired Obligations
(and any other cash balance) to the payment of interest on the Refunded Bonds when
due up to and including December 1, 2013, and the call, payment, and redemption of
the Refunded Bonds on December 1, 2013 at a price of par; and
3. the payment of the costs of issuing the Bonds and the costs of carrying out
the foregoing elements of the Refunding Plan.
Z. "Refunding Trust Agreement" means a refunding trust agreement between the
City and the Refunding Trustee dated as of the Closing Date, that provides for the
carrying out of the Refunding Plan.
AA. "Refunding Trustee" means U.S. Bank National Association of Seattle,
Washington, serving as refunding trustee or any successor thereto.
BB. "Registered Owner" means the person in whose name a Bond is registered on
the Bond Register. For so long as the City utilizes the book —entry system for the Bonds
under the Letter of Representations, Registered Owner shall mean DTC.
CC. "Registration Ordinance" means City Ordinance No. 1338 establishing a
system of registration for the City's bonds and other obligations.
DD. "Rule 15c2 -12" means Rule 15c2 -12 promulgated by the SEC under the
Securities Exchange Act of 1934, as amended.
EE. "SEC" means the United States Securities and Exchange Commission.
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FF. "State" means the State of Washington.
GG. "Term Bonds" means those Bonds designated as such, with the maturity date
or dates identified in the maturing in the Bond Purchase Contract.
HH. "Undertaking" means the undertaking to provide continuing disclosure set forth
in 15 of this ordinance.
II. "Underwriter" means Seattle- Northwest Securities Corporation of Seattle,
Washington.
Section 2. Debt Capacity. The assessed valuation of the taxable property within
the City as ascertained by the last preceding assessment for City purposes for the
calendar year 2011 is $4,775,732,512.
1. The City has outstanding general indebtedness as follows:
a. Limited tax general obligation bonds and leases outstanding in the
principal amount of $23,386,800 (excluding the Refunded Bonds), which is incurred
within the limit of up to 1Y2% of the value of the taxable property within the City
permitted for general municipal purposes.
b. No unlimited tax general obligation bonds for capital purposes only.
2. The amount of indebtedness authorized by this ordinance is an amount
not to exceed $5,000,000 and is issued within the limitation permitted for general
municipal purposes without a vote.
Section 3. Purpose and Authorization of Bonds. In order to achieve a cost
savings for the City, the City Council finds it to be in the best interest of the City to
authorize the issuance and sale of the Bonds for the purposes described below. The
City shall borrow money on the credit of the City and issue negotiable limited tax
general obligation refunding bonds evidencing that indebtedness in the amount of not to
exceed $5,000,000 to finance the cost of the Refunding Plan and to pay the costs of
issuance and sale of the Bonds.
Section 4. Description of Bonds; Appointment of Designated Representative.
The Finance Director is appointed as the City's Designated Representative and is
authorized to approve the Final Terms of the Bonds, within the following parameters:
A. Amount. The Bonds shall not exceed the aggregate principal amount of
$5,000,000. The principal amount of the Bonds (i) may exceed the principal amount of
the Refunded Bonds being refunded by an amount deemed reasonably required to
effect such refunding, or (ii) may be less than or the same as the principal amount of the
Refunded Bonds, so long as provision is duly and sufficiently made for the retirement or
redemption of those Refunded Bonds.
B. Date or Dates. The Bonds shall be dated as of the Closing Date, which date
may not be later than December 31, 2011.
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C. Denominations, Designation, etc. The Bonds shall be issued in Authorized
Denominations and shall be numbered separately in the manner and bear any name
and additional designation as deemed necessary or appropriate by the Designated
Representative.
D. Interest Rate(s). The Bonds shall bear interest at fixed rates per annum
(computed on the basis of a 360 -day year of twelve 30 -day months) from their date or
from the most recent interest payment date for which interest has been paid or duly
provided for, whichever is later. One or more rates of interest may be fixed for the
Bonds, which rate or rates must be in multiples of 1 /8 or 1 /20 of 1 or both. The
"alkin" true interest cost to the City for the Bonds may not exceed 3.00
E. Payment Dates. Interest must be payable at fixed rates semiannually (on
each June 1 and December 1, or such other semiannual dates as are selected by the
Designated Representative), commencing on the next such semiannual date following
the issuance of the Bonds. Principal must be payable annually (on each December 1,
or such other annual date as is selected by the Designated Representative)
commencing no earlier than the next such annual date following the issuance of the
Bonds.
F. Final Maturity. The Bonds shall not extend over a longer period of time than
the Refunded Bonds.
G. Redemption Rights. The Bonds shall be subject to optional and mandatory
redemption provisions, including designation of Term Bonds, if any, as set forth in
Section 8.
H. Purchase Price. The purchase price for the Bonds may not be less than 95%
or more than 115% of the par value of the Bonds.
I. Minimum Savings for Refunding Bonds. The Bonds much achieve a
minimum net present value savings of 3.00% over the scheduled principal and interest
of the Refunded Bonds, giving consideration to the fixed maturities of the Bonds and the
Refunded Bonds, the costs of issuance of the Bonds, and the known earned income
from the investment of Bond proceeds in the Acquired Obligations, pending redemption
of the Refunded Bonds.
J. Other Terms and Conditions.
1. The Designated Representative may determine that it is in the City's best
interest to provide for bond insurance or other credit enhancement, and may accept, on
behalf of the City, such additional terms, conditions, and covenants as may be required
by the bond insurer, if consistent with the provisions of this ordinance.
2. The Designated Representative is also authorized to take such additional
action as may be necessary or convenient for the refunding of the Refunded Bonds and
for the issuance of the Bonds pursuant to the terms of this ordinance.
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Section 5. Bond Registrar; Registration and Transfer of Bonds.
A. Registration of Bonds. The Bonds shall be issued only in registered form as
to both principal and interest and shall be recorded on the Bond Register.
B. Bond Registrar. The Bond Registrar shall keep, or cause to be kept,
sufficient books for the registration and transfer of the Bonds, which shall be open to
inspection by the City at all times. The Bond Register shall contain the name and
mailing address of the Registered Owner of each Bond and the principal amount and
number of each of the Bonds held by each Registered Owner.
The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver
Bonds transferred or exchanged in accordance with the provisions of the Bonds and this
ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the
Bond Registrar's powers and duties under this ordinance and City's Registration
Ordinance.
The Bond Registrar shall be responsible for its representations contained in the
Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registrar may
become either a Registered or Beneficial Owner of Bonds with the same rights it would
have if it were not the Bond Registrar and, to the extent permitted by law, may act as
depository for and permit any of its officers or directors to act as members of, or in any
other capacity with respect to, any committee formed to protect the rights of Beneficial
Owners.
C. Transfer and Exchange of Bonds. Bonds surrendered to the Bond Registrar
may be exchanged for Bonds in any Authorized Denomination of an equal aggregate
principal amount and of the same interest rate and maturity. Bonds may be transferred
only if endorsed in the manner provided thereon and surrendered to the Bond Registrar.
Any exchange or transfer shall be without cost to the owner or transferee. The Bond
Registrar shall not be obligated to exchange or transfer any Bond during the 15 days
preceding any principal payment or redemption date.
D. DTC and the Book Entry System. The Bonds initially shall be registered in
the name of Cede Co., as the nominee of DTC. The Bonds so registered shall be
held in fully immobilized form by DTC as depository in accordance with the provisions of
the Letter of Representations. Neither the City nor the Bond Registrar shall have any
responsibility or obligation to DTC participants or the persons for whom they act as
nominees with respect to the Bonds regarding accuracy of any records maintained by
DTC or DTC participants of any amount in respect of principal of or interest on the
Bonds, or any notice which is permitted or required to be given to Registered Owners
hereunder (except such notice as is required to be given by the Bond Registrar to DTC).
For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its
successor depository shall be deemed to be the Registered Owner for all purposes
hereunder and all references to registered owners, bondowners, bondholders or the like
shall mean DTC or its nominee and, except for the purpose of the City's undertaking
herein to provide continuing disclosure, shall not mean the Beneficial Owners.
Registered ownership of such Bonds, or any portions thereof, may not thereafter be
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transferred except: (i) to any successor of DTC or its nominee, if that successor shall
be qualified under any applicable laws to provide the services proposed to be provided
by it; (ii) to any substitute depository appointed by the City or such substitute
depository's successor; or (iii) to any person if the Bonds are no longer held in
immobilized form.
Upon the resignation of DTC or its successor (or any substitute depository or its
successor) from its functions as depository, or a determination by the City that it no
longer wishes to continue the system of book entry transfers through DTC or its
successor (or any substitute depository or its successor), the City may appoint a
substitute depository. Any such substitute depository shall be qualified under any
applicable laws to provide the services proposed to be provided by it.
If (i) DTC or its successor (or substitute depository or its successor) resigns from its
functions as depository, and no substitute depository can be obtained or (ii) the City
determines that the Bonds are to be in certificated form, the ownership of Bonds may be
transferred to any person as provided herein and the Bonds no longer shall be held in
fully immobilized form.
Section 6. Form and Execution of Bonds. The Bonds shall be prepared in a
form consistent with the provisions of this ordinance and State law and shall be signed
by the Mayor and City Clerk, either or both of whose signatures may be manual or in
facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed
or printed thereon.
Only Bonds bearing a Certificate of Authentication in the following form, manually
signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to
the benefits of this ordinance: "Certificate Of Authentication. This Bond is one of the
fully registered City of Tukwila, Washington, Limited Tax General Obligation Refunding
Bonds, 2011, described in the Bond Ordinance." The authorized signing of a Certificate
of Authentication shall be conclusive evidence that the Bond so authenticated has been
duly executed, authenticated and delivered and is entitled to the benefits of this
ordinance.
If any officer whose manual or facsimile signature appears on the Bonds ceases to
be an officer of the City authorized to sign bonds before the Bonds bearing his or her
manual or facsimile signature are authenticated or delivered by the Bond Registrar or
issued by the City, those Bonds nevertheless may be authenticated, issued and
delivered and, when authenticated, issued and delivered, shall be as binding on the City
as though that person had continued to be an officer of the City authorized to sign
bonds. Any Bond also may be signed on behalf of the City by any person who, on the
actual date of signing of the Bond, is an officer of the City authorized to sign bonds,
although he or she did not hold the required office on the date of issuance of the Bonds.
Section 7. Payment of Bonds. Both principal of and interest on the Bonds shall
be payable in lawful money of the United States of America. For as long as the Bonds
are registered in the name of DTC or its nominee, payment of principal of and interest
on the Bonds shall be made in the manner set forth in the Letter of Representations. If
the Bonds cease to be in book entry-only form, interest on the Bonds shall be paid by
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checks or drafts of the Bond Registrar mailed on the interest payment date to the
Registered Owners at the addresses appearing on the Bond Register on the 15th day of
the month preceding the interest payment date or by electronic transfer on the interest
payment date. The City shall not be required to make electronic transfers except to a
Registered Owner of Bonds pursuant to a request in writing (and at the sole expense of
that Registered Owner) received at least 10 days before an interest payment date.
Principal of the Bonds shall be payable upon presentation and surrender of the Bonds
by the Registered Owners to the Bond Registrar.
Section 8. Redemption Provisions and Open Market Purchase of Bonds.
A. Optional Redemption. The Designated Representative may approve the
designation of certain maturities of the Bonds as being subject to redemption at the
option of the City prior to their respective maturities on the dates and at the prices set
forth in the Bond Purchase Contract. The Designated Representative may also, in his
or her discretion, approve the designation of certain maturities of the Bonds as not
being subject to redemption prior to maturity. Notwithstanding the foregoing provisions
of this ordinance, if the final maturity of the Bonds is more than 10 Y2 years after the
Closing Date, the Bonds then outstanding shall be subject to optional redemption on at
least one date that occurs less than 10 Y2 years after the Closing Date.
B. Term Bonds. The Designated Representative may approve the designation
of certain maturities of the Bonds as Term Bonds, as set forth in the Bond Purchase
Contract. The City shall redeem Term Bonds, if not previously redeemed under any
optional redemption provisions or purchased and surrendered for cancellation under the
provisions set forth below, at a price of par plus accrued interest on the annual
redemption dates and in annual redemption amounts approved by the Designated
Representative. If the City redeems under the optional redemption provisions,
purchases in the open market or defeases Term Bonds, the par amount of the Term
Bonds so redeemed, purchased or defeased (irrespective of their actual redemption or
purchase prices) shall be credited against one or more scheduled mandatory
redemption amounts for those Term Bonds. The City shall determine the manner in
which the credit is to be allocated and shall notify the Bond Registrar in writing of its
allocation prior to the earliest mandatory redemption date for that maturity of Term
Bonds for which notice of redemption has not already been given.
C. Partial Redemptions. Portions of the principal amount of any Bond, in any
Authorized Denomination, may be redeemed. If less than all of the principal amount of
any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall
be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option
of the Registered Owner) of the same maturity and interest rate in any Authorized
Denomination in the aggregate principal amount remaining unredeemed.
D. Selection of Bonds for Redemption. If fewer than all of the outstanding
Bonds within a maturity are to be redeemed prior to maturity, selection of Bonds for
redemption shall be randomly within a maturity in such manner as the Bond Registrar
shall determine. Notwithstanding the foregoing, for as long as the Bonds are registered
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in the name of DTC or its nominee, selection of Bonds for redemption shall be in
accordance with the Letter of Representations.
E. Notice of Redemption. While the Bonds are held by DTC in book -entry only
form, any notice of redemption shall be given at the time, to the entity and in the manner
required by DTC in accordance with the Letter of Representations, and the Bond
Registrar shall not be required to give any other notice of redemption. If the Bonds
cease to be in book -entry only form unless waived by any Registered Owner of the
Bonds to be redeemed, the City shall cause notice of any intended redemption of Bonds
to be given by the Bond Registrar not less than 20 nor more than 60 days prior to the
date fixed for redemption by first -class mail, postage prepaid, to the Registered Owner
of any Bond to be redeemed at the address appearing on the Bond Register at the time
the Bond Registrar prepares the notice, and the requirements of this sentence shall be
deemed to have been fulfilled when notice has been mailed as so provided, whether or
not it is actually received by the Registered or Beneficial Owner of any Bond.
In the case of an optional redemption, the notice may state that the City retains the
right to rescind the redemption notice and the related optional redemption of Bonds by
giving a notice of rescission to the affected Registered Owners at any time prior to the
scheduled optional redemption date. Any notice of optional redemption that is so
rescinded shall be of no effect, and the Bonds for which the notice of optional
redemption has been rescinded shall remain outstanding.
In addition, the redemption notice shall be mailed or sent electronically within the
same period to the MSRB, consistent with the Undertaking, to any nationally recognized
rating agency which at the time maintains a rating on the Bonds at the request of the
City, and to such other persons and with such additional information as the Finance
Director shall determine, but these additional mailings shall not be a condition precedent
to the redemption of Bonds.
F. Effect of Redemption. Interest on Bonds called for redemption shall cease to
accrue on the date fixed for redemption, except in the case of a rescinded optional
redemption as described above, or unless the Bond or Bonds called are not redeemed
when presented pursuant to the call.
G. Open Market Purchase. The City further reserves the right and option to
purchase any or all of the Bonds in the open market at any time at any price acceptable
to the City plus accrued interest to the date of purchase.
H. Cancellation of Bonds. All Bonds purchased or redeemed under this section
shall be canceled.
Section 9. Failure To. Redeem Bonds. If any Bond is not redeemed when
properly presented at its maturity or date set for redemption, the City shall be obligated
to pay interest on that Bond at the same rate provided in the Bond from and after its
maturity or date set for redemption until that Bond, both principal and interest, is paid in
full or until sufficient money for its payment in full is on deposit in the Bond Fund and the
Bond has been called for payment by giving notice of that call to the Registered Owner.
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Section 10. Pledge of Taxes. For as long as any of the Bonds are outstanding,
the City irrevocably pledges to include in its budget and levy taxes annually, within the
constitutional and statutory tax limitations provided by law without a vote of the electors
of the City, on all of the taxable property within the City in an amount sufficient, together
with other money legally available and to be used therefor, to pay when due the
principal of and interest on the Bonds. The full faith, credit and resources of the City are
pledged irrevocably for the annual levy and collection of those taxes and the prompt
payment of that principal and interest.
Section 11. Refunding of the Refunded Bonds.
A. Appointment of Refunding Trustee. U.S. Bank National Association of
Seattle, Washington, is hereby appointed Refunding Trustee.
B. Authorization for Refunding Trust Agreement. The Designated
Representative and the Mayor are each independently authorized to execute and
deliver to the Refunding Trustee a Refunding Trust Agreement, which sets forth duties,
obligations and responsibilities of the Refunding Trustee in connection with the
Refunding Plan, provisions for payment of the fees, compensation and expenses of
such Refunding Trustee, and such other provisions as may be necessary so that the
Bonds are in compliance with the requirements of federal law governing the exclusion of
interest on the Bonds from gross income for federal income tax purposes.
C. Use of Bond Proceeds. Proceeds from the sale of the Bonds in the amount
sufficient to carrying out the Refunding Plan shall be deposited immediately upon the
receipt thereof with the Refunding Trustee and used to discharge the obligations of the
City relating to the Refunded Bonds under the Refunded Bond Ordinance by providing
for the payment of the amounts required to be paid by the Refunding Plan. Such
obligations shall be discharged fully by the Refunding Trustee's simultaneous purchase
of Acquired Obligations, bearing such interest and maturing as to principal and interest
in such amounts and at such times so as to provide, together with a beginning cash
balance, if necessary, for the payment of the amounts required to be paid by the
Refunding Plan. The Acquired Obligations shall be listed and more particularly
described in the Refunding Trust Agreement, but are subject to substitution as set forth
below. The Designated Representative is authorized and directed to approve the
Acquired Obligations to be purchased. The Designated Representative also is
authorized, in his or her discretion, to cause the City to transfer to the Refunding
Trustee, for purposes of accomplishing the Refunding Plan, all or a portion of the money
on deposit in the Bond Fund immediately preceding the Closing Date. Any Bond
proceeds or other money deposited with the Refunding Trustee not needed to carry out
the Refunding Plan shall be returned to the City as soon as reasonably practicable
following the delivery of the Bonds to the Underwriter. Any Bond proceeds so returned
to the City shall be deposited in the Bond Fund and used to pay interest on the Bonds
on the first interest payment date.
D. Substitution of Acquired Obligations. Prior to the purchase of any Acquired
Obligations, the City reserves the right to substitute other noncallable, nonprepayable
direct obligations of the United States of America "Substitute Obligations for any of
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the Acquired Obligations and to use any savings created thereby for any lawful City
purpose if, (i) in the opinion of Bond Counsel the interest on the Bonds and the
Refunded Bonds will remain excluded from gross income for federal income tax
purposes under Sections 103, 148 and 149(d) of the Code, and (ii) such substitution
shall not impair the timely payment of the amounts required to be paid by the Refunding
Plan, as verified by a nationally recognized independent certified public accounting firm.
After the purchase of the Acquired Obligations by the Refunding Trustee, the City
reserves the right to substitute therefor cash or Substitute Obligations subject to the
conditions that such money or securities held by the Refunding Trustee shall be
sufficient to carry out the Refunding Plan, that such substitution will not cause the
Bonds or the Refunded Bonds to be arbitrage bonds within the meaning of Section 148
of the Code and regulations thereunder in effect on the date of such substitution and
applicable to obligations issued on the Closing Date, and that the City obtain, at its
expense: (i) a verification by a nationally recognized independent certified public
accounting firm confirming that the payments of principal of and interest on the
Substitute Obligations, if paid when due, and any other money held by the Refunding
Trustee will be sufficient to carry out the Refunding Plan; and (ii) an opinion from Bond
Counsel to the effect that the disposition and substitution or purchase of the Substitute
Obligations, under the statutes, rules and regulations then in force and applicable to the
Bonds, will not cause the interest on the Bonds or the Refunded Bonds to be included in
gross income for federal income tax purposes and that such disposition and substitution
or purchase is in compliance with the statutes and regulations applicable to the Bonds
and the Refunded Bonds. Any surplus money resulting from the sale, transfer, other
disposition or redemption of the Acquired Obligations and Substitute Obligations
therefor shall be released from the Refunding Trustee and transferred to the City to be
used for any lawful City purpose.
E. Administration of Refunding Plan. The Refunding Trustee is authorized and
directed to purchase the Acquired Obligations (or Substitute Obligations) and to make
the payments required to be made by the Refunding Plan from the Acquired Obligations
(or Substitute Obligations) and money deposited with the Refunding Trustee pursuant to
this ordinance. All Acquired Obligations (or Substitute Obligations) and money
deposited with the Refunding Trustee and any income therefrom shall be held
irrevocably, invested and applied in accordance with the provisions of the Refunded
Bond Ordinance, this ordinance, chapter 39.53 RCW and other applicable laws of the
State and the Refunding Trust Agreement. All necessary and proper fees,
compensation and expenses of the Refunding Trustee and all other costs of carrying
out the Refunding Plan and issuing the Bonds, including bond printing, rating service
fees, verification fees, Bond Counsel's fees and other related expenses, shall be paid
out of the proceeds of the Bonds.
F. Call for Redemption of Refunded Bonds. Effective upon the City's initial
delivery of the Bonds to the Underwriter in exchange for the purchase price thereof, the
City calls for redemption on December 1, 2013, all of the Refunded Bonds at the price
of par plus accrued interest. Such call for redemption shall be irrevocable once it
becomes effective. The date on which the Refunded Bonds are herein called for
redemption is the first date on which those bonds may be called. The Refunding
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Trustee is authorized and directed to give or cause to be given such notices as
required, at the times and in the manner required, pursuant to the Refunded Bond
Ordinance and the Refunding Trust Agreement in order to effect the redemption of the
Refunded Bonds prior to their stated maturity dates.
G. Additional Findings and Determinations with Respect to the Refunding.
Prior to the execution of the Bond Purchase Agreement, the Designated Representative
must determine, on behalf of the City, that the issuance, sale and delivery of the Bonds
will effect a net present value savings to the City and its taxpayers of at least 3.00% as
set forth in Section 4 hereof. The City Council finds and determines that such net
present value savings is a substantial savings and that achieving such net present value
savings by issuing the Bonds is in the best interest of the City. In making such finding
and determination, the City Council has given consideration to the fixed maturities of the
Bonds and the Refunded Bonds, the costs related to the issuance, sale and delivery of
the Bonds and the known earned income from the investment of the proceeds of the
issuance and sale of the Bonds used in the Refunding Plan pending payment and
redemption of the Refunded Bonds.
The City Council further finds and determines that the money to be deposited with
the Refunding Trustee for the Refunded Bonds in accordance with this Section 11 will
discharge and satisfy the obligations of the City under the Refunded Bond Ordinance
with respect to the Refunded Bonds, and the pledges, charges, trusts, covenants and
agreements of the City therein made or provided for as to the Refunded Bonds, and that
the Refunded Bonds shall no longer be deemed to be outstanding under the Refunded
Bond Ordinance immediately upon the deposit of such money with the Refunding
Trustee.
Section 12. Tax Covenants; Designation of Bonds as "Qualified Tax Exempt
Obligations."
A. Preservation of Tax Exemption for Interest on Bonds. The City covenants
that it will take all actions necessary to prevent interest on the Bonds from being
included in gross income for federal income tax purposes, and it will neither take any
action nor make or permit any use of proceeds of the Bonds or other funds of the City
treated as proceeds of the Bonds at any time during the term of the Bonds which will
cause interest on the Bonds to be included in gross income for federal income tax
purposes. The City also covenants that it will, to the extent the arbitrage rebate
requirements of Section 148 of the Code are applicable to the Bonds, take all actions
necessary to comply (or to be treated as having complied) with those requirements in
connection with the Bonds, including the calculation and payment of any penalties that
the City has elected to pay as an alternative to calculating rebatable arbitrage, and the
payment of any other penalties if required under Section 148 of the Code to prevent
interest on the Bonds from being included in gross income for federal income tax
purposes. The Designated Representative is authorized and directed to adopt and
implement on behalf of the City procedures to facilitate compliance by the City with the
covenants in this Section 12(A) and the applicable requirements of the Code that must
be satisfied after the issue date to maintain the tax exemption for interest on the 2003A
Bonds and the Bonds after the Closing Date.
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B. Designation of Bonds as "Qualified Tax Exempt Obligations." The City
has determined and certifies that (i) the Bonds are not "private activity bonds" within the
meaning of Section 141 of the Code; (ii) the reasonably anticipated amount of tax
exempt obligations (other than private activity bonds and other obligations not required
to be included in such calculation) which the City and any entity subordinate to the City
(including any entity that the City controls, that derives its authority to issue tax exempt
obligations from the City, or that issues tax exempt obligations on behalf of the City) will
issue during the calendar year in which the Bonds are issued will not exceed
$10,000,000; and (iii) the amount of tax exempt obligations, including the Bonds,
designated by the City as "qualified tax exempt obligations" for the purposes of Section
265(b)(3) of the Code during the calendar year in which the Bonds are issued does not
exceed $10,000,000. The City designates the Bonds as "qualified tax exempt
obligations" for the purposes of Section 265(b)(3) of the Code.
Section 13. Refunding or Defeasance of the Bonds. The City may issue
refunding bonds pursuant to the laws of the State or use money available from any
other lawful source to pay when due the principal of and interest on the Bonds, or any
portion thereof included in a refunding or defeasance plan, and to redeem and retire,
refund or defease all such then outstanding Bonds (hereinafter collectively called the
"defeased Bonds and to pay the costs of the refunding or defeasance. If money
and /or "government obligations" (as defined in chapter 39.53 RCW, as now or hereafter
amended) maturing at a time or times and bearing interest in amounts (together with
money, if necessary) sufficient to redeem and retire, refund or defease the defeased
Bonds in accordance with their terms are set aside in a special trust fund or escrow
account irrevocably pledged to that redemption, retirement or defeasance of defeased
Bonds (hereinafter called the "trust account then all right and interest of the Owners of
the defeased Bonds in the covenants of this ordinance and in the funds and accounts
obligated to the payment of the defeased Bonds shall cease and become void. The
Owners of defeased Bonds shall have the right to receive payment of the principal of
and interest on the defeased Bonds from the trust account. The City shall include in the
refunding or defeasance plan such provisions as the City deems necessary for the
random selection of any defeased Bonds that constitute less than all of a particular
maturity of the Bonds, for notice of the defeasance to be given to the owners of the
defeased Bonds and to such other persons as the City shall determine, and for any
required replacement of Bond certificates for defeased Bonds. The defeased Bonds
shall be deemed no longer outstanding, and the City may apply any money in any other
fund or account established for the payment or redemption of the defeased Bonds to
any lawful purposes as it shall determine.
If the Bonds are registered in the name of DTC or its nominee, notice of any
defeasance of Bonds shall be given to DTC in the manner prescribed in the Letter of
Representations for notices of redemption of Bonds.
Section 14. Bond Fund and Deposit of Bond Proceeds.
A. Bond Fund. The Bond Fund is hereby created and established in the office of
the Finance Director as a special fund designated the Limited Tax General Obligation
Refunding Bond Fund, 2011, for the purpose of paying principal of and interest on the
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Bonds. All taxes and other amounts allocated to the payment of the principal of and
interest on the Bonds shall be deposited in the Bond Fund.
B. Deposit of Bond Proceeds. The principal proceeds and premium, if any,
received from the sale and delivery of the Bonds shall be used to pay the costs of sale
and issuance of the Bonds and deposited, invested and used in accordance with the
Refunding Plan.
Section 15. Undertaking to Provide Continuing Disclosure. To meet the
requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating
underwriter for the Bonds, the City makes the following written Undertaking for the
benefit of holders of the Bonds:
A. Undertaking to Provide Annual Financial Information and Notice of
Listed Events. The City undertakes to provide or cause to be provided, either directly
or through a designated agent, to the MSRB, in an electronic format as prescribed by
the MSRB, accompanied by identifying information as prescribed by the MSRB:
(i) Annual financial information and operating data of the type included in the
final official statement for the Bonds and described in subsection (B) of this section
"annual financial information
(ii) Timely notice (not in excess of 10 business days after the occurrence of
the event) of the occurrence of any of the following events with respect to the Bonds:
(1) principal and interest payment delinquencies; (2) non payment related defaults, if
material; (3) unscheduled draws on debt service reserves reflecting financial difficulties,
(4) unscheduled draws on credit enhancements reflecting financial difficulties; (5)
substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax
opinions, the issuance by the Internal Revenue Service of proposed or final
determinations of taxability, Notice of Proposed Issue (IRS Form 5701 TEB) or other
material notices or determinations with respect to the tax status of the Bonds; (7)
modifications to rights of holders of the Bonds, if material; (8) bond calls (other than
scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9)
defeasances; (10) release, substitution, or sale of property securing repayment of the
Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or
similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2 -12; (13)
the consummation of a merger, consolidation, or acquisition involving the City or the
sale of all or substantially all of the assets of the City other than in the ordinary course of
business, the entry into a definitive agreement to undertake such an action or the
termination of a definitive agreement relating to any such actions, other than pursuant to
its terms, if material; and (14) appointment of a successor or additional trustee or the
change of name of a trustee, if material.
(iii) Timely notice of a failure by the City to provide required annual financial
information on or before the date specified in subsection (B) of this section.
B. Type of Annual Financial Information Undertaken to be Provided. The
annual financial information that the City undertakes to provide in subsection (A) of this
section:
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(i) Shall consist of (1) annual financial statements prepared (except as noted
in the financial statements) in accordance with generally accepted accounting principles
applicable to State local governmental units such as the City, as such principles may be
changed from time to time, which statements shall not be audited, except, however, that
if and when audited financial statements are otherwise prepared and available to the
City they will be provided; (2) outstanding general obligation bonds, (3) assessed
valuation for the fiscal year; (4) regular property tax levy rate and regular property tax
levy rate limit for the fiscal year; and (5) general fund revenues from other major tax
sources; and
(ii) Shall be provided not later than the last day of the ninth month after the
end of each fiscal year of the City (currently, a fiscal year ending December 31), as
such fiscal year may be changed as required or permitted by State law, commencing
with the City's fiscal year ending December 31, 2012; and
(iii) May be provided in a single or multiple documents, and may be
incorporated by specific reference to documents available to the public on the Internet
website of the MSRB or filed with the SEC.
C. Amendment of Undertaking. The Undertaking is subject to amendment after
the primary offering of the Bonds without the consent of any holder of any Bond, or of
any broker, dealer, municipal securities dealer, participating underwriter, rating agency
or the MSRB, under the circumstances and in the manner permitted by Rule 15c2 -12.
The City will give notice to the MSRB of the substance (or provide a copy) of any
amendment to the Undertaking and a brief statement of the reasons for the amendment.
If the amendment changes the type of annual financial information to be provided, the
annual financial information containing the amended financial information will include a
narrative explanation of the effect of that change on the type of information to be
provided.
D. Beneficiaries. The Undertaking evidenced by this section shall inure to the
benefit of the City and any Beneficial Owner of Bonds, and shall not inure to the benefit
of or create any rights in any other person.
E. Termination of Undertaking. The City's obligations under this Undertaking.
shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's
obligations under this Undertaking shall terminate if those provisions of Rule 15c2 -12
which require the City to comply with this Undertaking become legally inapplicable in
respect of the Bonds for any reason, as confirmed by an opinion of nationally
recognized bond counsel or other counsel familiar with federal securities laws delivered
to the City, and the City provides timely notice of such termination to the MSRB.
F. Remedy for Failure to Comply with Undertaking. As soon as practicable
after the City learns of any failure to comply with the Undertaking, the City will proceed
with due diligence to cause such noncompliance to be corrected. No failure by the City
or other obligated person to comply with the Undertaking shall constitute a default in
respect of the Bonds. The sole remedy of any Beneficial Owner of a Bond shall be to
take such actions as that Beneficial Owner deems necessary, including seeking an
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order of specific performance from an appropriate court, to compel the City or other
obligated person to comply with the Undertaking.
G. Designation of Official Responsible to Administer Undertaking. The
Finance Director of the City (or such other officer of the City who may in the future
perform the duties of that office) or his or her designee is authorized and directed in his
or her discretion to take such further actions as may be necessary, appropriate or
convenient to carry out.the Undertaking of the City in respect of the Bonds set forth in
this section and in accordance with Rule 15c2 -12, including, without limitation, the
following actions:
(i) Preparing and filing the annual financial information undertaken to be
provided;
(ii) Determining whether any event specified in subsection (A) has occurred,
assessing its materiality, where necessary, with respect to the Bonds, and preparing
and disseminating any required notice of its occurrence;
(iii) Determining whether any person other than the City is an "obligated
person" within the meaning of Rule 15c2 -12 with respect to the Bonds, and obtaining
from such person an undertaking to provide any annual financial information and notice
of listed events for that person in accordance with Rule 15c2 -12;
(iv) Selecting, engaging and compensating designated agents and
consultants, including but not limited to financial advisors and legal counsel, to assist
and advise the City in carrying out the Undertaking; and
(v) Effecting any necessary amendment of the Undertaking.
Section 16. General Authorization; Delivery of Bonds. The Designated
Representative, the Mayor and other appropriate officers of the City are each authorized
to do everything as in their judgment may be necessary, appropriate or desirable in
order to carry out the terms and provisions of, and complete the transactions
contemplated in connection with, this ordinance.
The Bonds will be printed at City expense and will be delivered to the purchaser in
accordance with the Bond Purchase Contract, with the approving legal opinion of Bond
Counsel regarding the Bonds.
Section 17. Official Statement.
A. Preliminary Official Statement Under the Rule. The Designated
Representative and the Mayor are each independently authorized to review and
approve the information about the City contained in any preliminary official statement
(the "Preliminary Official Statement prepared in connection with the public offering and
sale of Bonds to be sold to the public; and (for the sole purpose of aiding the
Underwriter in its compliance with Section (b)(1) of the Rule, if applicable) "deem final'
that Preliminary Official Statement as of its date, except for the omission of information
permitted to be omitted by the Rule and approve or ratify the distribution of that
Preliminary Official Statement to potential purchasers of the Bonds.
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B. Approval of Official Statement. The Designated Representative and the
Mayor are each independently authorized to review and approve distribution of a final
official statement with respect to the Bonds to be sold to the public. The City agrees to
cooperate with the Underwriter to deliver or cause to be delivered, within such period as
may be required by applicable law, copies of the final official statement pertaining to the
Bonds in sufficient quantity to comply with paragraph (b)(4) of the Rules and rules of the
MSRB.
Section 18. Supplemental Ordinances. The City Council from time to time and at
any time may pass an ordinance or ordinances supplemental to this ordinance which
supplemental ordinance or ordinances thereafter shall become a part of this ordinance,
for any one or more of the following purposes:
A. To add to the covenants and agreements of the City in this ordinance such
other covenants and agreements thereafter to be observed, which shall not adversely
affect the interests of the holders and Owners of the Bonds, or to surrender any right or
power herein reserved to or conferred upon the City.
B. To make such provisions for the purpose of curing any ambiguities or of
curing, correcting or supplementing any defective provision contained in this ordinance
in regard to matters or questions arising under such ordinances as the City Council may
deem necessary or desirable and not inconsistent with such ordinances and which shall
not materially adversely affect the interest of the holders and Owners of the Bonds.
Section 19. General Authorization and Ratification. The Designated
Representative,- Mayor, City Administrator and other appropriate officers of the City are
severally authorized and directed to take any actions and to execute documents as in
their judgment may be necessary or desirable to carry out the terms of, and complete
the transactions contemplated by, this ordinance and the Bond Purchase Contract
(including everything necessary for the prompt delivery of the Bonds to the Underwriter
and for the proper application, use and investment of the proceeds of the sale thereof),
and all actions heretofore taken in furtherance thereof and not inconsistent with the
terms of this ordinance are ratified and confirmed in all respects.
Section 20. Severability. The provisions of this ordinance are declared to be
separate and severable. If a court of competent jurisdiction, all appeals having been
exhausted or all appeal periods having run, finds any provision of this ordinance to be
invalid or unenforceable as to any person or circumstance, such offending provision
shall, if feasible, be deemed to be modified to be within the limits of enforceability or
validity. However, if the offending provision cannot be so modified, it shall be null and
void with respect to the particular person or circumstance, and all other provisions of
this ordinance in all other respects, and the offending provision with respect to all other
persons and all other circumstances, shall remain valid and enforceable.
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Section 21. Effective Date of Ordinance. 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 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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67
x
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
September 20, 2011— 5:00 p. m.; Conference Room #3
City of Tukwila
Finance and Safety Committee
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson
Staff: Shawn Hunstock, Derek Speck, Peggy McCarthy, Jennifer Ferrer -Santa Ines, Katherine
Kertzman, Ashley Comar, Gail Labanara and Kimberly Matej
CALL TO ORDER: Chair Hougardy called the meeting to order at 5:01 p.m.
I. PRESENTATIONS
No presentations.
11. BUSINESS AGENDA
A. Advertising Agreement: Seattle Southside and Bonneville International
Staff is seeking Council approval to enter into a multi -year agreement with Bonneville International for
multi -media (on -line and radio) advertising for Seattle Southside Visitor Services (SSVS) in an amount
not to exceed $84,000.
This advertising campaign will run November 2011 through December 2012, and is funded jointly by
SSVS cities of Tukwila, SeaTac, Kent and Des Moines. Both Tukwila Lodging Tax Advisory Board and
SeaTac Hotel Motel Tax Advisory Committee have reviewed and approved this agreement. All costs for
this agreement are funded through lodging tax funds and not general fund monies. UNANIMOUS
APPROVAL. FORWARD TO SEPTEMBER 26 COW FOR DISCUSSION.
B. Re- Funding: 2003 General Obligation Bonds
Staff is seeking Council approval to re -fund general obligation bonds from 2003 (original amount of
$12,050,000) that were issued for arterial street capital improvements, South Park Bridge transfer and the
golf course clubhouse.
Decreasing interest rates have made it more cost effective for the City to refinance/re -fund bonds such as
these from 2003. Re- funding the remaining amount of the bonds will save the City approximately
$337,000. There was brief discussion at the Committee of possibly paying off the bonds for the golf
course, and only re- funding the arterial streets portion. Staff commented that regardless of the Council's
decision, the golf course bonds cannot be paid off until December 1, 2013. However, re- funding could
include options with callable bonds and other possibilities.
Committee Members requested that Finance staff provide a table that identifies the options for what can
be done with the bonds relative to the golf course and explain it in greater detail at the upcoming Budget
Work Session on Tuesday, September 27, 2011. NO COMMITTEE RECOMMENDATION.
FORWARD TO SEPTEMBER 26 COW FOR DISCUSSION.
C. Pavoff: Early Redemption of 1995 Revenue Bonds
As information only, staff updated Committee on an item that was previously reviewed by Utilities
Committee and is moving forward for Council discussion on September 26, 2011.
Staff is seeking Council approval for an early redemption of Revenue Bonds originally issued for
$4,500,000 from 1995. If approved, this early redemption will result in the payoff of the revenue bonds
three years earlier than scheduled. The payoff face value is currently $1,370,000 and the early payoff will
Tukwila City Council Committee of the Whole Minutes
September 26, 2011 Page 3 of 5
d. Non profit fee analysis for Revenue Generating Regulatory License (RGRL).
Councilmember Hougardy indicated this item was discussed at the Finance and Safety Committee
meeting on September 20, 2011. The committee members forwarded this item to the Committee of the
Whole for discussion.
Jennifer Ferrer, Senior Fiscal Coordinator, explained the Finance and Safety Committee members
requested additional information from staff regarding revenue impacts from the Revenue Generating
Regulatory License (RGRL) if the City removed the exemption status for non profit agencies with certain
employee count thresholds.
The Councilmembers asked clarifying questions of staff and exchanged comments to include: retaining
the non profit exemption for businesses with fewer than 100 employees; having staff provide the Council
with data on real -time impacts to the City to include methods to mitigate those impacts; recognizing that
non profit organizations should be accountable for their share of infrastructure mitigation; ensuring the
legislation is approved by the City Attorney; acknowledging that all businesses should be addressed
uniformly regarding the RGRL fee; and including the definition of a non profit organization in the
ordinance.
Council President Ekberg asked staff to provide information to the Council on tax contributions the City
receives from the top 2 non profit businesses within the City.
Mayor Haggerton asked the Council to thoroughly review this issue and allow staff enough time to
properly notify the businesses of a possible change.
COUNCIL CONSENSUS EXISTED TO HAVE STAFF RETURN TO A FUTURE FINANCE AND SAFETY
COMMITTEE MEETING WITH A DRAFT ORDINANCE.
e. An ordinance regarding refunding 2003 bonds.
Councilmember Hougardy indicated this item was discussed at the Finance and Safety Committee
meeting on September 20, 2011. The committee members were unanimous in recommending approval.
Peggy McCarthy, Acting Finance Director, explained that in 2003, the City issued $12,050,000 of limited
tax general obligation bonds to finance arterial street improvements and the construction of the golf
course clubhouse. The proposed refunding would set aside sufficient funds from the refunding proceeds
to pay off the bonds outstanding at December 1, 2013, the earliest call date. The City would realize a
savings estimated at $354,651.95 or 4.878% of the refunded bonds with $281,442.17 realized from the
arterial street fund portion of the bond issue and $136,209.78 realized from the golf course portion of the
bond issue.
The Councilmembers exchanged comments and asked clarifying questions of staff on the above topic.
COUNCIL CONSENSUS EXISTED TO RETURN THIS ITEM TO A FUTURE COMMITTEE OF THE
WHOLE MEETING.
f. Early redemption of 1995 revenue bonds.
Councilmember Hougardy indicated this item was discussed at the Finance and Safety Committee
meeting on September 20, 2011. The committee members were unanimous in recommending approval.
Ms. McCarthy stated the City issued $4,500,000 of revenue bonds to finance Water Fund -401 capital
improvements in 1995. The outstanding balance of these bonds is $1,370,000 (face value) with the next
mandatory bond redemption occurring February 1, 2012 and the last mandatory bond redemption
occurring February 1, 2015. The City has an option to redeem these bonds for a savings of over
$150,000.00. The Water Fund has $4 million in cash and investments to support the early pay -off.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
70
COUNCIL AGENDA SYNOPSIS
CAS Nu,'\ttil
ACI!ND.\ I1'I?\ITri'1,1?
Initial.
Meeting Date Prepared by Mayor's review
11/28/11 SK 1 11 /56 `V
12/05/11 SK
ITEM INFORMATION
STAFF SPONSOR: SHELLEY KERSLAKE
Enactment of an ordinance prohibiting solic
circumstances.
ITEM NO.
qunPil review
4.D.
01u(,INAI.A( DA'rl.: 11/28/11
itation in certain areas and under certain
®Dzrcu.rszon Motion Resolution Ordinance BidAzvard Public Hearin ❑Other
llt Date 11/28/11 Mtg Date Mtg Date Mtg Date 1215111 Mt Date Aftg Date t1ltg Date
SPONSOR Council Mgj HR DCD E] Finance Fire IT P&R Police PIF
SPONSOR'S This ordinance would address many complaints received by the City regarding
soliciting/ panhandling in the urban center and along Tukwila International Boulevard.
The ordinance restricts some solicitation activity while still leaving open some parts of the
City for this activity.
RI :\'tl:\'I?D lil CO \X %Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/14/11 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. City Attorney /City Council
COMn,rr1 -IT" Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EFI'I?NDnvizi? RI?OUllZI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0
Fund Source:
Connnents:
MTG. DATE
11/28/11 1
RECORD OF COUNCIL ACTION
MTG. DATE I ATTACHMENTS
11/28/11 Informational Memorandum dated 11/16/11
Draft Ordinance
City of Tacoma Ordinance requested by the Community Affairs and Parks Committee
Minutes from the Community Affairs and Parks Committee meeting of 11/14/11
71
72
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Committee of the Whole
FROM: Shelley M. Kerslake, City Attorney
DATE: November 16, 2011 (Updated after CAP meeting, changes underlined)
SUBJECT: Anti Panhandling Ordinance
ISSUE
Whether the City should adopt an ordinance banning solicitation in certain areas of the City?
BACKGROUND
The City has received numerous complaints from citizens and businesses regarding serious
public harm caused by panhandlers in the City. Many panhandlers within the City approach
motor vehicles. As a result of this behavior, drivers may become distracted, may stop suddenly,
or may linger at traffic control devices thereby posing a significant risk of physical injury to
themselves, other motorists, and pedestrians. Moreover, because public places in the Urban
Center and along Tukwila International Blvd. have become increasingly congested, solicitation
in those public places contributes to the loss of access to and enjoyment of public places and to
a sense of fear, intimidation and disorder. This fear can adversely and unreasonably affect
businesses and can contribute to the loss of access to and enjoyment of public places.
Another identified problem is panhandling near automated teller machines. Solicitation in these
areas make those persons being solicited especially vulnerable to crime because of the isolated
location, limited options to protect themselves by leaving the area, and exposure as persons
who may be carrying cash. Similarly, solicitation at outdoor eating establishments can cause
disruption and interfere with patrons' enjoyment of an eating establishment.
Given these issues, the Mayor has asked the City Attorney's Office to draft an ordinance for
Council's consideration to address these issues within the City.
DISCUSSION
The regulation of solicitation can impact an individual's right to free speech; thus, care should be
taken when crafting such regulations. The First Amendment provides that "Congress shall
make no law abridging the freedom of speech As a general matter, asking others to
pay or contribute money is recognized as speech protected by the First Amendment.'
Furthermore, a sidewalk, the place where much of panhandling activity occurs, is considered a
public forum and is therefore associated with the permissible expressive activity. When dealing
with traditional public forums, the First Amendment sharply curtails the government's ability to
restrict expressive conduct. As a result, laws designed to prohibit all panhandling have been
struck down as violating the First Amendment.
Roulette v. ON of Seattle, 850 F.Supp. 1442, 1451 (WDWA, 1994).
2 Loper v. New York City Police Dept., 999 F.2d 699 (2" d Cir, 1993).
73
INFORMATIONAL MEMO
Page 2
With that being said, the First Amendment does not guarantee the right to communicate one's
views at all times and places or in any manner desired. A state or city may impose reasonable
time, place, and manner restrictions upon all expression, whether written, oral or symbolized by
conduct. Such restrictions are valid if they (1) are content neutral, (2) are narrowly tailored to
serve a significant government interest (under state law, the interest would have to be
compelling), and (3) leave open ample alternative channels of communication. As a result,
laws have been found to be constitutional when they focus on the context and method of the
begging, especially on the level of threat that is perceived and the intent of the panhandler.
Ideally, any response to panhandling will be tailored to local circumstances and each response
justified by reliable analysis. When regulating panhandling, it should be remembered that it is
difficult to distinguish panhandling from solicitations for recognized legitimate charities, both
legally and factually.
With this framework in mind, the ordinance was drafted to leave parts of the City open for
solicitation activity. In addition, an exemption was included to account for the annual charitable
solicitations that occur at the intersection of Andover Park West and Strander Blvd. In order for
this exemption to withstand scrutiny, it must apply equally to all forms of solicitation.
Manv other cities have similar ordinances and have effectivelv used them to deter panhandling
in certain areas and under certain circumstances. For example, the Citv of Tacoma passed an
anti- panhandling ordinance in 2006 (attached). Accordinq to Tacoma officials, the ordinance
significantly curbed panhandling in the Citv's urban core and in four vears followinq enactment
of the ordinance, only one arrest had been made. Thus, the experience in Tacoma was that the
ordinance was not a drain on the justice system and was an effective tool for law enforcement to
encourage those panhandling to move on.
RECOMMENDATION
The Council is being asked to consider the ordinance at the November 28, 2011 Committee of
the Whole meeting and subsequent December 5, 2011 Regular Meeting.
ATTACHMENTS
-Draft Ordinance.
Tacoma Ordinance requested by the Community Affairs and Parks Committee
3 The First Amendment provides that "Congress shall make no law abridging the freedom of speech
Article 1, section 5 of the Washington Constitution provides that "[e]very person may freely speak, write and
publish on all subjects, being responsible for the abuse of that right." As yet, the courts have not enunciated a
separate and independent State doctrine for analyzing restrictions under Washington's constitution. The free speech
clauses of the state and federal constitutions are different in wording and effect. Despite this, restrictions on speech
can be imposed consistent with Article 1, section 5 upon showing a compelling state or city interest. In most cases,
the court's analysis of a manner restriction under federal law will usually lead to the same conclusion under our state
constitution, and for the same reasons.
WA2011 Info Memos- CoundhPanhandling Info Memo (2).doc
74
i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS
RELATED TO SOLICITING IN CERTAIN AREAS, TO BE
CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 8.29;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council finds that soliciting in certain places and
circumstances has a detrimental effect on the creation of a safe environment in the City;
and
WHEREAS, there is an increase in solicitation in the City, specifically along Tukwila
International Boulevard, in the Tukwila Urban Center, along on- and off -ramps and other
public right -of -way, and at automated teller machines and outdoor patios that interfere
with or potentially jeopardize the safety of citizens and pedestrians or vehicular traffic;
and
WHEREAS, the current provisions of the Tukwila Municipal Code do not regulate
solicitation activity that involves safety concerns for people and vehicular traffic; and
WHEREAS, it is appropriate to regulate soliciting in certain areas and under certain
circumstances to assist law enforcement officials in protecting the public health, welfare,
and safety of citizens; and
WHEREAS, the City Council believes it is important to protect citizens from the fear
and intimidation accompanying certain kinds of solicitation, to promote tourism and
business, and to preserve the quality of urban life, while providing safe and appropriate
venues for this constitutionally protected activity;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. Tukwila Municipal Code (TMC) Chapter
8.29, "Soliciting in Certain Areas Prohibited," is hereby established to read as follows:
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75
CHAPTER 8.29
SOLICITING IN CERTAIN AREAS PROHIBITED
Sections:
8.29.010
Purpose
8.29.020
Definitions
8.29.030
Soliciting prohibited
8.29.040
Exemption
8.29.050
Penalty for violation
Section 2. TMC Section 8.29.010 is hereby established to read as follows:
8.29.010 Purpose.
The purpose of this chapter is to provide for the free flow of pedestrian and vehicular
traffic on streets and sidewalks in the City, to promote tourism and business, and to
preserve the quality of urban life. Solicitation in proximity to automated teller machines
and outdoor patios where food and beverage are served is inherently intimidating and
should be restricted. By this legislation, the City Council intends to promote the health,
safety, and welfare of the citizens of and visitors to the City of Tukwila.
Section 3. TMC Section 8.29.020 is hereby established to read as follows:
8.29.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meaning ascribed to them in this section:
1. "Automated teller machine" means a device linked to a financial institution's
account records that is able to carry out transactions including, but not limited to,
account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and
loan payments.
2. "Automated teller machine facility' means the area comprised of one or
more automated teller machines, and any adjacent space that is made available to
banking customers after regular banking hours.
3. "Prohibited zones" means the following areas (see Figure 1):
a. Tukwila International Boulevard:
1) Northern Boundary: S. 139 St. on the east side of Tukwila
International Boulevard and S. 140 St. on the west side of Tukwila International
Boulevard.
2) Eastern Boundary: 42 nd Ave. S. from S. 139 St. to State Route
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76
3) Southern Boundary: SR 518 from 42 Ave. S. to International
Blvd.
4) Western Boundary: The western boundary of the Tukwila Link
Light Rail (Tukwila International Boulevard) Station property continuing to the north
along International Blvd. to S. 152 St., continuing to the west along S. 152 St. to
Military Rd. S., continuing to the north along Military Rd. S. to 34 Ave. S., continuing to
the north along 34 Ave. S. to S. 144 St., continuing to the east along S. 144 St. to
37 Ave. S., continuing to the north along 37 Ave. S. to S. 140 St., continuing to the
east along S. 140 St. to Tukwila International Boulevard, and continuing to the north
along Tukwila International Boulevard to S. 139 St.
b. Tukwila Urban Center: The area bounded by Southcenter Blvd. on the
north, West Valley Highway on the east, S. 180 St. and S. 178 St. on the south, and
1 -5 and Klickitat Dr. /51 Ave. S. on the west (including all on -ramps and off -ramps to 1 -5,
1 -405, and SR 518).
4. "Public right -of -way' means, without limitation, public streets, state routes
and interstate highways (including, but not limited to on- and off ramps), sidewalks,
alleys, and driveways.
5. "Solicit", "soliciting" and "solicitation" mean, without limitation, use of the
spoken, written, or printed word, or to perform such other acts or bodily gestures, to
further the purpose of immediately obtaining money or any other thing of value.
Section 4. TMC Section 8.29.030 is hereby established to read as follows:
8.29.030 Soliciting prohibited.
It shall be unlawful for any person to solicit:
1. From any occupant of a motor vehicle that is on a public right -of -way;
2. Within the prohibited zones;
3. Within 20 feet of an outdoor patio where food and /or drinks are served; or
4. Within 20 feet of an automated teller machine or an entrance or exit to an
automated teller machine facility during the time the automated teller machine is
available for customer use.
Section 5. TMC Section 8.29.040 is hereby established to read as follows:
8.29.040 Exemption.
It shall not be unlawful to engage in solicitation from any occupant of a motor vehicle
that is on a public right -of -way at the intersection of Strander Blvd. and Andover Park
West on the 3` Saturday in August and the 4 th Saturday in September.
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77
Section 6. TMC Section 8.29.050 is hereby established to read as follows:
8.29.050 Penalty for violation.
Violation of any terms of this chapter shall constitute a misdemeanor, and any person
convicted of such offense shall be punished by a fine of up to $1,000 and /or
imprisonment for a term not to exceed 180 days.
Section 7. 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 8. 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 9. 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 1 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
Attachment: Figure 1, "No Panhandling" Areas
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i
FIGURE 1
S 137th St
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S 139th St
S 140th St
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cn 5141st t
S 144th St
S 152nd St
S 15Oth St
I- South,cent-e-r-Slyd
�51
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a
cn
S 146th St
S 142nd St
C/)
S '(56th S
ac
LO
J :S 148th St
U
S 152nd St
S 15Oth St
I- South,cent-e-r-Slyd
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a
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S 143rd St
S 144th st
S 149th St
CL
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cn
15 2nd P1
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yila Pkwy
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S 143rd St
S 144th st
S 149th St
CL
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S 156th St 4
VI
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yila Pkwy
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UVL11 01
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ID
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Slade Wa
s 164th St
Strander Blvd
m I IL
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(D
Minkler Blvd Minkler Blvd
City of Tukwila ilm im tic Upland Dr
Midland
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tostco Dr
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Triland Dr
414'
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CL
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"No Panhandling" Areas
dial"
ti C ity Limits
79
:1
Req. #11299
ORDINANCE NO. 27600
BY REQUEST OF COUNCIL MEMBERS ANDERSON, LADENBURG,
LONERGAN, AND TALBERT
AN ORDINANCE relating to public safety and morals; amending the definition of
pedestrian and vehicle interference, placing reasonable time, place, and
manner restrictions on solicitation of funds in certain locations, defining
offenses and penalties; amending Section 8.13.030, "Vehicular or Pedestrian
Interference," of the Tacoma Municipal Code; and amending Title 8 of the
Tacoma Municipal Code by enacting two new chapters, Chapter 8.13A,
"Regulation of Solicitation," and Chapter 8.13B, "Solicitations to Occupants of
Vehicles on Public Roadways Prohibited."
WHEREAS the City Council "Council has received numerous
communications from citizens, businesses, community organizations, and others
regarding serious public harms caused by panhandlers, and
WHEREAS the Council's Public Safety and Human Services Committee has
studied the matter for several months, and
WHEREAS the Council held a public hearing on September 19, 2006,
during which extensive testimony was taken, and
WHEREAS, based on the testimony received and the information provided
to it, the Council believes that it is important to protect citizens from the fear and
intimidation accompanying certain kinds of solicitation, to promote tourism and
business, and to preserve the quality of urban life while providing safe and
appropriate venues for this constitutionally protected activity; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TACOMA:
Section 1. Based on the testimony provided to the City
Council's "Council Public Safety and Human Services Committee and the
Ord 11299.doc- SLGllad
-1-
i
information and research provided to the Council and on file in the office of the
City Clerk, the Council makes the following findings of fact:
A. Persons using automated teller machines often do so in isolated
locations with cash conspicuously in their possession;
B. Persons using exterior public pay phones often do so in isolated
locations with their attention distracted from their surroundings;
C. Persons using self service car washes and gas stations often do so in
isolated locations with cash conspicuously in their possession and are usually a
captive audience, with their attention distracted from their surroundings while
their vehicles are in various stages of cleaning or fueling;
D, Persons using public transportation and waiting at public transportation
stops are usually a captive audience, often in isolated locations, with their
attention distracted from their surroundings as they wait and watch for necessary
transportation;
E. Persons entering or exiting vehicles are usually a captive audience,
often in isolated locations, with their attention distracted from their surroundings
as they load groceries or other purchases, look for keys, or watch for traffic;
F. Persons entering and exiting buildings are usually a captive audience,
with limited means of ingress and egress to those buildings;
G. Persons conducting normal activities at night do so under conditions in
which their visibility is reduced, and they often do these activities in isolated
locations;
o rd 11293. doc -S L Gllad
-2-
0
H. Persons who are subjected to coercive solicitations are often solicited
in circumstances where they are a captive audience or are in isolated locations;
I. Motor vehicle drivers approached by pedestrians may become
distracted, may stop suddenly, or may linger at traffic control devices thereby
posing a significant risk of physical injury to themselves, other motorists, and
pedestrians;
J. "Public places," as defined in Chapter 8.13, serve the primary purpose
of enabling pedestrian and vehicular traffic to safely and efficiently move about
from place to place; and
K. Solicitation on public property without permission of the property owner
affects the rights of the property owner to control the use of his or her property.
Section 2. Based on the findings above and the testimony and record
provided, the Council concludes as follows:
A. Solicitation of persons using automated teller machines, exterior public
pay phones, self service car washes, and gas stations makes those persons
especially vulnerable to crime because of the isolated locations, limited options to
protect themselves by leaving the area, and exposure as persons who may be
carrying cash;
B. Solicitation of persons using or waiting for public transportation makes
those persons more vulnerable to crime because of the isolated location of public
transportation stops and because persons using or waiting for public
transportation often cannot leave the area. This vulnerability may cause persons
to avoid using public transportation;
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C. Solicitation of persons entering or exiting vehicles makes those
persons more vulnerable to crime because those persons may be distracted from
their surroundings or because they may be in an isolated location with limited
options to avoid an attacker or thief;
D. Solicitation of persons at night or of persons entering or exiting
buildings makes those persons more vulnerable to crime because of the limited
visibility and limited options to avoid an attacker or thief;
E. Solicitation of persons operating motor vehicles may result in
car /pedestrian collisions, as well as vehicle collisions caused when vehicles
behind the one being solicited move forward without realizing the solicited driver
has not moved;
F. Because public places in the urban core have become increasingly
congested, solicitation in those public places contributes to the loss of access to
and enjoyment of public places and to a sense of fear, intimidation, and disorder.
This fear adversely and unreasonably affects businesses and contributes to the
loss of access to and enjoyment of public places;
G. Coercive solicitation is disturbing and disruptive to residents and
businesses and contributes to the loss of access to and enjoyment of public
places and to a sense of fear, intimidation, and disorder;
R Solicitations conducted on private property absent consent of the
owner or occupant is akin to trespass and unreasonably interferes with the
private enjoyment of property;
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1. Maintaining a distance of 15 feet between the solicitor and the person
being solicited will help protect persons from such intimidating solicitations set
forth above and will provide a uniform distance to guide law enforcement and
citizens alike.
Section 3. Section 8.13.030 of the Tacoma Municipal Code, entitled
"Vehicular or Pedestrian Interference," is hereby amended to read as shown in
Exhibit "A," which is attached hereto and incorporated herewith.
Section 4. Title 8 of the Tacoma Municipal Code is hereby amended by the
addition thereto of a new chapter, to be known and designated as Chapter 8.13A,
entitled "Regulation of Solicitation," as shown in Exhibit "B," which is attached hereto
and incorporated herewith.
Section 5. Title 8 of the Tacoma Municipal Code is hereby amended by the
addition thereto of a new chapter, to be known and designated as Chapter 8.1313,
entitled "Solicitations to Occupants of Vehicles on Public Roadways Prohibited," as
shown in Exhibit "C," which is attached hereto and incorporated herewith.
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Section 6. Severability. If any provision of this ordinance, or its
application to any person or circumstances, is held invalid, the remainder of the
ordinance or application of the provisions to other persons or circumstances shall
be unaffected.
Passed
Attest:
City Clerk
Approved as to Form:
Assistant City Attorney
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EXHIBIT "A"
8.13.030 Vehicular or pedestrian interference.
A. The following definitions apply in this section:
1. "AggFessively beg" means to beg with intent to intimidate anetheF per-son into
2.
31. "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or
place an object in such a manner as to block passage by another person or a
driver of a vehicle. or to cause another person or a driver of a vehicle to take
evasive action to avoid physical contact. Acts authorized by a permit issued
pursuant to the Tacoma Municipal Code, such as under Titles 9 and 10, shall not
constitute obstruction of pedestrian or vehicular traffic.
4 2. "Public place" means an area generally visible to public view and includes
alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and
streets open to the general public, including those that serve food or drink or
provide entertainment, and the doorways and entrances to buildings or dwellings
and the grounds enclosing them.
B. A person is guilty of pedestrian interference if, in a public place, he or she
intentionally:
4-.-9- obstructs pedestrian or vehicular traffic.-;-e
2 AggFessively Dens.
C. Pedestrian interference may be punished by a fine not to exceed
$1.000380.00 or by imprisonment in jail for a term not to exceed 90 days, or by
both such fine and imprisonment.
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EXHIBIT "B"
CHAPTER 8.13A
REGULATION OF SOLICITATION
8.13A.010
Purpose.
8.13A.020
Definitions.
8.13A.030
Place of solicitation.
8.13A.040
Solicitation by Coercion.
8.13A.050
Evidence.
8.13A.060
Penalties.
8.13A.010 Purpose. The purpose of this chapter is to protect citizens
from the fear and intimidation accompanying certain kinds of solicitation, to
promote tourism and business, and to preserve the quality of urban life while
providing safe and appropriate venues for constitutionally protected activity.
8.13A.020 Definitions. In this chapter:
A. "Automated teller machine" means a machine, other than a telephone:
1. that is capable of being operated by a customer of a financial
institution;
2. by which the customer may communicate to the financial institution
a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct
financial business for the customer or for another person directly from the
customer's account or from the customer's account under a line of credit previously
authorized by the financial institution for the customer; and
3. the use of which may or may not involve personnel of a financial
institution.
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B. "Coercion" means:
1. to approach or speak to a person in such a manner as would cause
a reasonable person to believe that the person is being threatened with either
imminent bodily injury or the commission of a criminal act upon the person or
another person or upon property in the person's immediate possession;
2 to persist in a solicitation after the person solicited has given a
negative response;
3. to block, either individually or as part of a group of persons, the
passage of a solicited person;
4. to engage in conduct that would reasonably be construed as
intended to compel or force a solicited person to accede to demands;
5. to use violent or threatening gestures toward a person;
6. willfully providing or delivering, or attempting to provide or deliver,
unrequested or unsolicited services or products with a demand or exertion of
pressure for payment in return; or
7. to use profane, offensive, or abusive language, which is inherently
likely to provoke an immediate violent reaction.
C. "Exterior public pay telephone" means any coin or credit card reader
telephone that is:
1. installed or located anywhere on a premises except exclusively in
the interior of a building located on the premises; and
2. accessible and available for use by members of the general public.
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D. "Public transportation facility" means a facility or designated location that
is owned, operated, or maintained by a city, county, county transportation authority,
public transportation benefit area, regional transit authority, or metropolitan
municipal corporation within the state.
E. "Public transportation stop" means an area officially marked and
designated as a place to wait for a bus, a light rail vehicle, or any other public
transportation vehicle that is operated on a scheduled route with passengers paying
fares on an individual basis.
F. "Public transportation vehicle" has the meaning given that term in
RCW 46.04.355, as currently adopted or as it may be amended in the future.
G. "Self- service car wash" means a structure:
1. at which a vehicle may be manually washed by its owner or
operator with equipment that is activated by the deposit of money in a coin- operated
machine; and
2. that is accessible and available for use by members of the general
public.
H. "Self- service fuel pump" means a fuel pump:
1. from which a vehicle may be manually filled with gasoline or other
fuel directly by its owner or operator, with or without the aid of an employee or
attendant of the premises at which the fuel pump is located; and
2. that is accessible and available for use by members of the general
public.
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1. "Solicit' and all derivative forms of "solicit" means to ask, beg, solicit, or
plead, whether orally or in a written or printed manner, for the purpose of
immediately receiving contributions, alms, charity, or gifts of items of value for
oneself or another person.
8.13.030 Place of solicitation.
A. Solicitation near designated locations and facilities.
1. It is unlawful for any person to solicit another person within 15 feet
of:
a. an automated teller machine;
b. the entrance of a building, unless the solicitor has
permission from the owner or occupant;
c. an exterior public pay telephone;
d. a self service car wash;
e, a self- service fuel pump;
f. a public transportation stop; or
g. any parked vehicle as occupants of such vehicle enter or exit
such vehicle.
2. It is unlawful for a person to solicit another person:
a. on private property, unless the solicitor has permission from
the owner or occupant;
b. after sunset or before sunrise;
c. in any public transportation facility or vehicle.
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B. For purposes of subsection A, measurement will be made in a straight
line, without regard to intervening structures or objects, from the nearest point at
which a solicitation is being conducted to whichever is applicable of the following:
1. the nearest entrance or exit of a facility in which an automated teller
machine is enclosed or, if the machine is not enclosed in a facility, to the nearest
part of the automated teller machine;
2. the nearest entrance or exit of a building;
3. the nearest part of an exterior public pay telephone;
4. the nearest part of the structure of a self service car wash;
5. the nearest part of a self- service fuel pump;
6. the nearest point of any sign or marking designating an area as a
public transportation stop; or
7. any door of a parked vehicle that is being used by an occupant of
such vehicle to enter or exit such vehicle.
8.13A.040 Solicitation by Coercion. It is unlawful for a person to solicit by
Coercion.
8.13A.050 Evidence. Evidence to support a conviction for a violation of this
chapter may include, but is not limited to, testimony of witnesses, videotape
evidence of the violation, and other admissible evidence.
8.13A.060 Penalties. Violation of Section 8.13A.030 shall be a
misdemeanor and, upon conviction thereof, a person is subject to a penalty of
$1,000, incarceration for up to 90 days, or both a fine and a penalty. Violation of
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Section 8.13A.040 shall be a gross misdemeanor and, upon conviction thereof, a
person is subject to a penalty of $5,000, incarceration for up to one year, or both a
fine and a penalty.
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EXHIBIT "C"
CHAPTER 8.136
SOLICITATIONS TO OCCUPANTS OF VEHICLES
ON PUBLIC ROADWAYS PROHIBITED
8.136.010
Purpose.
8.1313.020
Definitions.
8.136.030
Prohibited conduct.
8.1313.040
Evidence.
8.13B.050
Penalty.
8.1313.010 Purpose. The purpose of this chapter is to protect citizens
from the fear and intimidation accompanying certain kinds of solicitation and to
provide for vehicular and pedestrian traffic safety.
8.1313.020 Definitions. In this chapter:
A. "Goods" means real property, as well as tangible and intangible personal
property.
B. "Public property" means:
1. any property open or devoted to public use or owned by the City;
and
2. any area dedicated to the public use for sidewalk, street, highway,
or other transportation purposes, including, but not limited to, any curb, median,
parkway, shoulder, sidewalk, alley, drive, or public right -of -way.
C. "Roadway" has the meaning given that term in RCW 46.04.500 as
currently adopted or as it may be amended in the future.
D. "Services" means any work done for the benefit of another person.
E. "Solicit" and all derivative forms of "solicit' means any conduct or act
whereby a person:
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1. either orally or in writing, asks for an immediate ride, employment,
goods, services, financial aid, monetary gifts, or any article representing monetary
value, for any purpose;
2. either orally or in writing, sells or offers for immediate sale goods,
services, or publications;
3. distributes without remuneration goods, services, or publications; or
4. solicits signatures on a petition or opinions for a survey.
F. "Vehicle" has the meaning given that term in RCW 46.04.670, as currently
adopted or as it may be amended in the future.
8.136.030 Prohibited conduct.
A. It is unlawful for any person, while occupying any public property adjacent
to any public roadway in the City, to knowingly conduct a solicitation directed to, or
intended to attract the attention of, the occupant of any vehicle stopped or traveling
on the roadway, unless said vehicle is legally parked. An offense occurs when the
solicitation is made, whether or not an actual employment relationship is created, a
transaction is completed, or an exchange of money, goods, or services takes place.
PROVIDED, that nothing herein shall be construed to prohibit activity authorized
pursuant to Tacoma Municipal Code Chapter 11. 15, Special Events Permitting
Code.
B. It is a defense to prosecution under Section 8.136.030 that the person
was:
1. summoning aid or requesting assistance in an emergency situation;
or
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2. a law enforcement officer in the performance of official duties.
8.1313.040 Evidence. Evidence to support a conviction for a violation of this
chapter may include, but is not limited to, testimony of witnesses, videotape
evidence of the violation, and other admissible evidence.
8.1313.050 Penalty. Violation of this chapter shall be a misdemeanor and,
upon conviction thereof, a person is subject to a penalty of $1,000, incarceration for
up to 90 days, or both a fine and a penalty.
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COMPARATIVE MUNICIPAL ORDINANCES
CITY OF AGOURA HILLS, CALIFORNIA
Article III Public Safety, Chapter 2, Traffic Section 3209. Prohibition of solicitation
in public right -of -way.
(a) It shall be unlawful for any person, while standing in any portion of the public right
of -way, including but not limited to public streets, highways, sidewalks and driveways, to
solicit, or attempt to solicit, employment, business or contributions of money or other
property from any person travelling in a vehicle along a public right -of -way, including, but
not limited to public streets, highways or driveways.
(b) It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or
attempt to solicit, employment, business or contributions of money or other property from
a person who is within the public right -of -way, including but not limited to a public street,
highway, sidewalk or driveway.
(Ord. No. 172, 2, 3- 27 -91; Ord, No. 191, 1, 7- 24 -91)
CITY OF ASHEVILLE, NORTH CAROLINA
ORDINANCE AMENDING ASHEVILLE CITY CODE SECTION 11 -5 REGULATING
PUBLIC SOLICITATION AND BEGGING
WHEREAS, the City of Asheville has authority pursuant to Article 8 of Chapter 160A of
the North Carolina General Statutes to adopt ordinances to protect the heath, safety, or
welfare of its citizens and peace and dignity of the City, and pursuant to N.C.G.S. 160A-
179, may by ordinance prohibit or regulate begging or otherwise canvassing the public
for contributions for the private benefit of the solicitor or any other person; and
WHEREAS, the City of Asheville has a significant governmental interest in keeping
sidewalks and other pedestrian areas safe and free for use by pedestrians, especially
areas of high pedestrian and vehicular traffic;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASHEVILLE THAT:
Section 1. Chapter 11 of the Asheville City Code be amended as follows:
a. By deleting Sec. 11 -5 and inserting the following in its place:
"Sec. 11 -5. Public Solicitation and Begging Regulated.
(a) Definitions.
(1)Accosting: approaching or speaking to an individual or individuals in such a manner
as would cause a reasonable person to fear imminent bodily harm or the commission of
a criminal act upon his or her person, or upon property in his or her immediate
possession.
(2)Beg, solicit or panhandle: use of the spoken, written, or printed word, or other acts as
are conducted in the furtherance of the purpose of immediately collecting contributions
for the use of one's self or others. As used in this ordinance, the word, "solicit," and its
forms, includes begging and panhandling.
(3)Financial Institution: any bank, industrial bank, credit union, or savings and loan.
(4)Forcing oneself upon the company of another
a.Continuing to solicit in close proximity to the individual addressed after the person to
whom the solicitation is directed has made a negative response, either verbally, by
physical sign, by attempting to leave the presence of the person soliciting, or by other
negative indication;
b.Blocking the passage of the individual solicited; or
c.Otherwise engaging in conduct that could reasonably be construed as intending to
compel or force a person to accede to a solicitation.
(b) Prohibited Acts.
97
(1) It shall be unlawful for any person to beg, solicit, or panhandle, as defined in Sec.
(a)(2), above:
a. by accosting another, or by forcing oneself upon the company of another;
b. within 20 feet of the entrance to any financial institution, or any automatic teller
machine;
c at any outdoor dining area permitted pursuant to Sec. 16 -146, or outdoor
merchandise area permitted pursuant to Sec. 16 -147, provided such areas are in active
use at the time;
d.at any transit stop or taxi stand, or in a public transit vehicle;
e. while the person being solicited is standing in line waiting to be admitted to a
commercial establishment;
f. by touching the person being solicited without that person's consent;
g. by blocking the path of a person being solicited or blocking the entrance or exit to
any building or vehicle;
h. by or with the use of profane or abusive language, during the solicitation or
following an unsuccessful solicitation;
i. by or with the use of any gesture or act intended to cause a reasonable person to
be fearful of the solicitor or feel compelled to accede to the solicitation;
j. after dark, which shall mean one -half hour after sunset until one -half hour before
sunrise;
k. while under the influence of alcohol or after having illegally used any controlled
substance, as defined in the North Carolina Controlled Substance Act.
(2) Additional restrictions applicable to high traffic zones:
a. For purposes of this subsection (b)(2) only, the following definitions shall apply:
1. Beg, solicit or panhandle. The communication, by use of gestures or spoken
words, by one person or group of persons directed at another person or group of
persons, of a request for the immediate contribution of money, food or goods, to the
person or group making the communication, or to others. This definition shall not
include transactions between family members or mutual acquaintances.
2. High Traffic Zones.
(a) Zone 1: Within the area defined by a line drawn along the centerline of the
following streets: starting at the intersection of Hilliard Avenue and Market Street, west
along Hilliard Avenue to the intersection of Hilliard Avenue and French Broad Avenue;
then north along French Broad Avenue to the intersection of French Broad Avenue and
Haywood Street; then east Haywood Street to the intersection of Haywood Street and
Montford Avenue; then north along Montford Avenue to the intersection of Montford
Avenue and Cherry Street; then east along Cherry Street to the intersection of Cherry
Street and Broadway Street; then south on Broadway Street to the intersection of
Broadway Street and Woodfin Street; then east on Woodfin Street to the intersection of
Woodfin Street and College Street; then south on Valley Street to the intersection of
Valley Street and Marjorie Street; then west along Marjorie Street to the intersection of
Marjorie Street and Davidson Street; then south on Davidson Street to the intersection of
Davidson Street and Eagle Street; then west along Eagle Street to the intersection of
Eagle Street and Market Street; then south on Market Street to the point of beginning.
(b) Zone 2: Within Biltmore Village Historic District.
b. Prohibited Acts. In addition to the restrictions set forth in Sec. (b)(1), above, it
shall be unlawful for any person to beg, solicit, or panhandle, as defined herein, within
any high traffic zone.
(c) Penalty. A violation of this ordinance is a misdemeanor as set forth in North
Carolina General Statute Sec. 14-4."
PA
Section 2. That if any section, subsection, sentence, clause, or phrase of this
ordinance is, for any reason, held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed this ordinance, and each section, subsection, sentence, clause, or
phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared invalid.
Section 3. That all ordinances and clauses of ordinances in conflict herewith be and
are hereby repealed, to the extent of such conflict.
Section 4. That this ordinance shall be in full force and effect on the date of
adoption.
Read, approved and adopted this the 13"' day of May, 2003.
CITY OF AUBURN, WASHINGTON
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING SECTION 9.08.010 OF THE AUBURN CITY CODE,
RELATING TO AGGRESSIVE BEGGING
WHEREAS, the current provisions of the Auburn City Code include regulation of activity
that involves aggressive begging, such as intimidation, false or misleading activities or
activities that involve safety concerns for people; and
WHEREAS, because there is an increasing experience of activities at off ramps or along
public rights -of -way that interfere with or potentially jeopardize the safety of pedestrians
or vehicular traffic, it is appropriate that the provisions of the aggressive begging
ordinance be modified to assure a better ability of the law enforcement officials to protect
the safety that otherwise be threatened.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section to Citv Code. That a new section 9.08.010 of the
Auburn City Code is hereby amended to read as follows:
Chapter 9.08
AGGRESSIVE BEGGING
Sections:
9.08.010 Aggressive begging.
9.08.010 Aggressive begging.
A. It is unlawful for any person to engage in aggressive begging in any public place
in the city, as those terms are defined by this section.
B. As used in this section:
1. "Aggressive begging" shall mean: (a) begging with intent to intimidate another
person into giving money or goods; (b) begging with use of false, misleading information;
(c) begging with or involving activities that are unsafe or dangerous to any person or
property, or begging at locations or in a manner that threatens the safety of persons or
property, or that impedes or threatens to impede pedestrian or vehicular traffic; (d)
begging in a manner that exploits children; or (e) willfully providing or delivering, or
attempting to provide or deliver, unrequested or unsolicited services or products with a
demand or exertion of pressure for payment in return.
2. "Begging" shall mean asking for money or goods as a charity, whether by words,
bodily gestures, signs or other means.
3. "To intimidate" shall mean to coerce or frighten into submission or obedience, or
to engage in conduct which would make a reasonable person fearful or feel compelled.
4. "Public place" shall mean: (a) any public road, alley, lane, parking area, sidewalk,
or other publicly owned building, facility or structure; (b) any public playground, school
ground, recreation ground, park, parkway, park drive, park path or rights -of -way open to
the use of the public; or (c) any privately owned property adapted to and fitted for
vehicular or pedestrian travel that is in common use by the public with the consent,
expressed or implied, of the owner or owners.
5. "Exploit" shat! mean using in an unethical, selfish or abusive manner or in any
other manner that gives an unfair advantage.
C. Violation of this section shall be a misdemeanor, punishable by a fine up to
$1,000 or by a jail sentence of up to 90 days, or by both such fine and jail time. (Ord.
591$ 1, 2005; Ord. 56$2 1, 2002.)
Section 2. If any provision of this Ordinance or the application thereof to any
person or circumstance is held to be invalid, the remainder of such code, ordinance or
regulation or the application thereof to other person or circumstance shall not be
affected.
CITY OF AURORA, COLORADO
Sec. 134 -360. Solicitation on or near street or highway.
(a) The purpose of this section is to prevent dangers to persons and property, to
prevent delays, and to avoid interference with the traffic flow. Roadways that have center
medians often are designed to deal with specific traffic flow problems. Any delay or
distraction may interfere with traffic planning. Sometimes persons stand near
intersections and near traffic lights to contact drivers or passengers in cars that are
passing or that are stopped temporarily due to traffic lights.
(b) It shall be unlawful for any person to solicit employment, business, contributions, or
sales of any kind or collect monies for such from the occupant of any vehicle traveling
upon any street or highway when:
(1) Such solicitation or collection causes the person performing the activity to enter
onto the traveled portion of a street or highway.
(2) Such solicitation or collection involves the person performing the activity to be
located upon any median area which separates traffic lanes for vehicular travel in
opposite directions.
(3) The person performing the activity is located such that vehicles cannot move into a
legal parking area to safely conduct the transaction.
(c) It shall be unlawful for any person to solicit or attempt to solicit employment,
business, or contributions of any kind from the occupant of any vehicle on any highway
included in the interstate system, including any entrance to or exit from such highway.
(d) For purposes of this section, the traveled portion of the street or highway shall mean
that portion of the road normally used by moving motor vehicle traffic.
(Code 1979, 37 -124)
CITY OF AUSTIN, TEXAS
9-4 -13 SOLICITATION PROHIBITED.
(A) The council finds that:
(1) Aggressive solicitation is disturbing and disruptive to residents and
businesses and contributes to the loss of access to and enjoyment of public places and
to a sense of fear, intimidation and disorder.
(2) Aggressive solicitation includes approaching or following pedestrians,
repetitive soliciting despite refusals, the use of abusive or profane language to cause
fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian
and vehicular traffic.
(3) The presence of individuals who solicit money from persons at or near
banks, automated teller machines, public transportation facilities, and crosswalks is
4
ms
especially troublesome because of the enhanced fear of crime in a place that is
confined, difficult to avoid, or where a person might find it necessary to wait.
(4) This section is intended to protect citizens from the fear and intimidation
accompanying certain kinds of solicitation, and not to limit a constitutionally protected
activity.
(B) In this section:
(1) AGGRESSIVE MANNER means:
(a) intentionally or recklessly making any physical contact with or touching
another person in the course of the solicitation without the person's consent;
(b) following the person being solicited, if that conduct is:
(i) intended to or likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in the person's
possession; or
(ii) intended to or reasonably likely to intimidate the person being solicited
into responding affirmatively to the solicitation;
(c) continuing to solicit a person within five feet of the person being solicited
after the person has made a negative response;
(d) intentionally or recklessly blocking the safe or free passage of the person
being solicited or requiring the person, or the driver of a vehicle, to take evasive action to
avoid physical contact with the person making the solicitation;
(e) using obscene or abusive language or gestures toward the person being
solicited;
(f) approaching the person being solicited in a manner that:
(i) is intended to or is likely to cause a reasonable person to fear
imminent bodily harm or the commission of a criminal act upon property in the person's
possession; or
(ii) is intended to or is reasonably likely to intimidate the person being
solicited into responding affirmatively to the solicitation.
(2) AUTOMATED TELLER MACHINE means a device, linked to a bank's
account records, which is able to carry out banking transactions.
(3) AUTOMATED TELLER FACILITY means the area comprised of one or
more automatic teller machines, and any adjacent space that is made available to
banking customers.
(4) BANK includes a bank, savings bank, savings and loan association, credit
union, trust company, or similar financial institution.
(5) BUS means a vehicle operated by a transit authority for public
transportation.
(6) CHECK CASHING BUSINESS means a person in the business of cashing
checks, drafts, or money orders for consideration.
(7) PUBLIC AREA means an outdoor area to which the public has access and
includes, but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway,
pedestrian way, or the common area of a school, hospital, apartment house, office
building, transport facility, or shop.
(8) SOLICIT means to request, by the spoken, written, or printed word, or by
other means of communication an immediate donation or transfer of money or another
thing of value from another person, regardless of the solicitor's purpose or intended use
of the money or other thing of value, and regardless of whether consideration is offered.
(C) A person commits an offense if the person solicits:
(1) in an aggressive manner in a public area;
(2) in a bus, at a bus station or stop, or at a facility operated by a transportation
authority for passengers;
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101
(3) within 25 feet of
(a) an automated teller facility;
(b) the entrance or exit of a bank; or
(c) the entrance or exit of a check cashing business; or
(4) at a marked crosswalk.
(5) on either side of the street on a block where a school attended by minors or
a child -care facility has an entrance or exit;
(6) at a sidewalk caft& authorized under Chapter 14 -4 (Sidewalk Cafes) or the
patio area of a bar or restaurant; or
(7) in the downtown business area described in Section 9 -4 -14 (Sitting or Lying
Down on Public Sidewalks in the Downtown Business Area Prohibited) between 7:00
p.m. and 7:00 a.m.
(D) A culpable mental state is not required, and need not be proved, for an offense
under Subsection (C)(2), (3), or (4).
(E) This section is not intended to proscribe a demand for payment for services
rendered or goods delivered.
12 -1 -27 SOLICITATIONS BETWEEN AN OCCUPANT OF A MOTOR VEHICLE AND
A PEDESTRIAN.
(A) This section applies in the following areas, including the streets and pedestrian
rights -of -way that bound the areas
(B) The council finds that the distraction of motorists occasioned by a solicitation
between an occupant of a motor vehicle and a pedestrian impedes the safe and orderly
flow of traffic, causes vehicles to stop unexpectedly, causes vehicles to linger at traffic
control devices, and causes motorists to fail to attend to driving. Distracted drivers pose
a significant risk of physical injury to motorists and pedestrians.
(C) In this section "private parking area" means privately owned property for
vehicle parking, and an adjacent driveway, walkway, setback, and landscaped area.
(D) A person who is in or next to a street, on a sidewalk, or in a private parking
area commits an offense if the person solicits, or attempts to solicit, services,
employment, business, or contributions from an occupant of a motor vehicle.
(E) A person in a motor vehicle commits an offense if the person solicits, or
attempts to solicit, services, employment, business, or contributions from a person who
is in or next to a street, on a sidewalk, or in a private parking area.
(F) This section does not apply to:
(1) a facility operated by or for the City, and designated by the city manager as
a place where the solicitation of employment or services is permitted; or
(2) a private parking area unless the owner of the parking area has permanently
posted a conspicuous sign at each entrance of the parking area, in both English and
Spanish, stating that it is a misdemeanor to engage in solicitation for employment.
(G) An offense under this section is punishable by a fine not to exceed $500.
[9 -4 -3: Except as otherwise specifically provided, a person who violates this chapter
commits a Class C misdemeanor...].
CITY OF BALTIMORE, MARYLAND
47 -1. Definitions.
(a) Aggressive soliciting.
"Aggressive soliciting" means soliciting which is accompanied by 1 or more of the
following:
(1) approaching, speaking to, or following a person in such a manner as would cause a
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reasonable person to fear bodily harm or the commission of a criminal act upon the
person or upon property in the person's immediate possession;
(2) in the course of soliciting, touching another person without that person's consent;
(3) continuously soliciting from a person or following the person after the person has
made a negative response;
(4) intentionally blocking or interfering with the safe passage of a person or a vehicle by
any means, including unreasonably causing a person to take evasive action to avoid
physical contact;
(5) using obscene or abusive language either during the course of soliciting or following
a refusal; or
(6) acting with the intent of intimidating another person into giving money or another
thing of value.
(b) Place open to the general public.
"Place open to the general public" means sidewalks, streets, alleys, driveways, parking
lots and garages, parks, plazas, buildings, doorways and entrances to buildings, the
grounds enclosing buildings, or the mall and/or adjacent parking areas of any shopping
center to which the general public is invited for business purposes.
(c) Soliciting.
(1) "Soliciting" means any act by which 1 person requests an immediate donation of
money or other thing of value from another or others in person, regardless of the
solicitor's purpose or intended use of the money or other thing of value.
(2) The solicitation may be oral, written, or by other means of communication.
(City Code, 1976183, art. 19, §249(b).) (Ord. 93 -275, Orel. 94 -447.)
47 -2. Findings and declarations.
The Mayor and City Council:
(1) finds and declares that aggressive soliciting and soliciting in certain places and
circumstances have a detrimental effect on the creation of a safe environment in the City
of Baltimore; and
(2) finds that restricting certain acts, without prohibiting soliciting, is a necessary exercise
of the police, health, and welfare power in order to maintain the peace and good
government of Baltimore City and to preserve and protect the rights of all citizens.
(City Code, 1976183, art. 19, §249(a).) (Ord. 93 -275, Ord. 94 -447, Ord. 04 -672.)
47 -3. Aggressive soliciting in public places prohibited.
It is unlawful for any person to engage in aggressive soliciting in any place open to the
general public.
(City Code, 1976183, art. 19, §249(c).) (Ord. 93 -275, Ord. 94 -447.)
47 -4. Soliciting in certain ways and places prohibited.
It is unlawful for any person to engage in soliciting:
(1) within 10 feet of any automatic teller machine (ATM);
(2) in any public transportation vehicle or at any bus, train, light rail, or subway station or
stop;
(3) on private property or residential property, if the owner, tenant, or occupant has
asked the person not to solicit on the property or has posted a sign on the property
indicating no
soliciting;
(4) from any operator or occupant of a motor vehicle that is in traffic on a public street,
whether in exchange for cleaning the vehicle's windows or otherwise; or
(5) from any operator or occupant of a motor vehicle on a public street in exchange for
blocking, occupying, or reserving a public parking space or directing the occupant to a
public parking space.
(City Code, 1976183, art. 19, §249(e).) (Ord. 93 -275,• Ord 94 -447.)
103
47 -5. Nighttime soliciting prohibited.
(a) In general.
Except as provided in subsection (b) of this section, no person may engage in soliciting
between sunset and sunrise.
(b) Exception.
This section does not apply to soliciting that is done solely:
(i) by passively standing or sitting with a sign or other indication that one is seeking
donations; and
(ii) without addressing any oral or other solicitation to any specific person other than
in response to an inquiry by that person.
(c) Enforcement by Civil Citation.
(1) This section may be enforced by issuance of a civil citation under City Code Article 1,
Subtitle 41 "Civil Citations
(2) A citation may be issued under this section only by a police officer.
(3) No person may be imprisoned for a violation of this section, for failing to pay a fine
imposed under this section, or for failing to appear in court.
(Ond. 04 -675.)
47 -6. {Reserved)
47 -7. Other soliciting permitted.
"Soliciting" as defined in 47 -1(c) of this subtitle is lawful except only as specified in this
subtitle.
(City Code, 1976183, art. 19, §249(d).) (Ord. 93 -275; Ord, 94 -447; Ord. 04 -675.)
47 -8. (Reserved)
47 -9. Penalties.
(a) In general.
Except as provided in subsection (b) of this section, any person who violates a provision
of this subtitle is guilty of a misdemeanor and, upon conviction thereof:
(1) shall be fined not more than $100 or imprisoned for not more than 30 days, or both;
or
(2) if the person has been convicted of a violation of this subtitle within the previous year,
the person shall be fined not more than $250 or imprisoned for not more than 90 days,
or both.
(b) Exception.
This section does not apply to any violation of 47 -5 ["Nighttime soliciting prohibited of
this subtitle.
CITY OF BOSTON, (MASSACHUSETTS
16 -11.1 Definitions.
For purposes of this section:
a. Solicit shall mean to request an immediate donation of money or other thing of
value from another person, regardless of the solicitor's purpose or intended use of the
money or other value. The solicitation may be, without limitation, by the spoken, written,
or printed word, bodily gestures, signs, or by other means of communication.
b. Aggressive manner shall mean:
1. Any conduct that is (i) intended to or is likely to cause a reasonable person to
fear imminent bodily harm or the commission of a criminal act upon property in that
person's immediate possession; or (ii) intended to or is likely to cause a reasonable
person to be intimidated into responding affirmatively to the solicitation; or
2. Persisting in closely following or approaching a person, after the person
solicited has been solicited and informed the solicitor by words or conduct that such
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person does not want to be solicited or does not want to give money or any other thing
of value to the solicitor; or
3. Intentionally or recklessly blocking or interfering with the safe or free passage
of the person being solicited, whether the person is a pedestrian or the operator of a
vehicle, including the situation where the person takes evasive action to avoid physical
contact with the person making the solicitation; or
4. Intentionally touching or making any physical contact with the person being
solicited in the course of the solicitation without the person's consent.
c. Automated teller machine shall mean a device, linked to a financial institution's
account records, which is able to carry out transactions, including, but not limited to:
account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan
payments.
d. Automated teller machine facility shall mean the area comprised of one or more
automatic teller machines, and any adjacent space which is made available to banking
customers during and after regular banking hours.
e. Bank shall mean the same as the defined G. L. c. 167, s. I.
f. Check cashing business shall mean the same as that defined by G.L. 167, c.
169A, s. 1.
g. Public area shall mean an area to which the public has access and includes, but
is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds,
plazas, sidewalks, and streets open to the general public, and the doorways and
entrances to buildings, and dwellings.
(Ord. 1997 c. 10)
16 -41.2 Prohibited Acts.
It shall be unlawful for any individual to solicit money or other things of value, even if
validly licensed by the City of Boston for such act, if such solicitation is conducted:
a. In an aggressive manner in a public area, including the situation where the
individual being solicited in an aggressive manner is the operator or occupant of a motor
vehicle located on a public way and the solicitation consists of performing or offering to
perform a service in connection with such vehicle; or
b. Within ten (10) feet of any entrance or exit of any bank or check cashing
business during the hours of operation of such bank or check cashing business or within
ten (10') feet of any automated teller machine during the hours of its operation.
(Ord. 1997 c. 10)
16 -41.3 Penalties.
Any individual who violates subsection 16 -37.2 of this section shall be subject to a
fine of fifty ($50.00) dollars for the first offense and one hundred ($100.00) dollars for
any subsequent offense, or, that the Court may impose such community service as it
shall determine in lieu of a monetary fine.
(Ord. 1997 c. 10)
CITY OF CHAPEL HILL, NORTH CAROLINA
Sec. 11 -170. Begging, panhandling, or soliciting contributions.
(a) Definitions:
(1) To beg, panhandle, or solicit contrlbutions shall be defined to include,
without limitation, the spoken, written, or printed word or such other acts as are
conducted in furtherance of the purpose of obtaining contributions;
(2) Accosting another person shall be defined as approaching or speaking
to someone in such a manner as would cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act or damage to property in his immediate
possession;
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105
(3) Intimidate another person shall be defined as acting in such a way as
would cause a reasonable person to fear bodily harm and therefore to do something he
or she would not otherwise have done;
(4) Forcing oneself upon the company of another person shall be defined
as:
(i)Continuing to request or solicit contributions in close proximity to the
person addressed after that person has responded negatively;
(ii)Blocking the passage of the person addressed; or
(iii)Otherwise engaging in conduct which reasonably could be
understood as intended to force a person to accede to demands.
(5) Public place shall be defined to include streets, highways, and roadways
(including the shoulders and medians), sidewalks, alleys, and other public property, as
well as town -owned and town controlled property and private property open to the public
unless permission to solicit has been obtained from the town or from the property owner
or other person in authority.
(6) Vocal anneal shall be defined as beaaina, panhandlina. or solicitation of
contributions by spoken word or other verbal reauest. This shall not include the act of
performina music with a sign or other indication that a contribution is being sought,
without anv vocal reauest other than in response to an inauirv.
(7) Direct written anneal shall be defined as beaaina. oanhandlina. or solicitation bv.
handina to a person or attemotina to hand to a person a written solicitation for immediate
contributions.
(8) Niahttime shall be defined as the time from dusk to dawn.,
(b) No person shall beg, panhandle, or solicit contributions in a public place in a
manner so as to intimidate another person or by accosting another person, or by forcing
oneself upon the company of another person.
(c) No person shall beg, panhandle, or solicit contributions from another person
within twenty (20) feet of an entrance or exit of any bank or financial institution or within
twenty (20) feet of any automated teller machine.
(d) No person shall beg, panhandle, or solicit contributions in any public
transportation vehicle owned or operated by the Town of Chapel Hill or at any station for
such vehicle or within six (6) feet of a bus stop sign, bus stop shelter, or bus stop bench.
(e) No person shall beg, panhandle, or solicit contributions while sitting or standing
on a roadway or the shoulder or median of a roadway.
M No person shall bea. panhandle. or solicit contributions in a public place by
vocal appeal or direct written aopeal durina niahttime.
(4 LgJ Violation of this section shall constitute a misdemeanor and shall subject the
violator to a fine of not more than fifty dollars ($50.00) or imprisonment for not more than
seven (7) days.
CITY OF CINCINNATI
Sec. 910 -12. Improper Solicitation.
(a) Definitions. For purposes of this section, the following terms shall be defined as set
forth below:
(1) "Solicit" and "Solicitation" mean to make any request in person while in a public
place, for an immediate grant of money, goods or any other form of gratuity from another
person(s), or to engage in such activity on private property.
However, the terms "solicit' and "solicitation" shall not mean the act of passively
standing or sitting with a sign or other indicator that a donation of money, goods or any
other form of gratuity is being sought without any vocal request other than a response to
an inquiry by another person.
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106
(2) "Public place" means a publicly owned building and premises appurtenant thereto,
any public park, sidewalk or other right of way open to the general public and includes
alleys, bridges, buildings, driveways, parking lots, parks, plazas, skywalks and streets.
(b) It is unlawful for any person to solicit in the following places:
(1) In any public transportation vehicle or at any bus stop;
(2) Within 20 feet in any direction from an automatic teller machine or entrance to a
bank;
(3) From any operator or occupant of a motor vehicle or from any person entering or
exiting a motor vehicle;
(4) Within 20 feet of any crosswalk;
(5) From a person standing in line waiting to be admitted to a commercial
establishment; or
(6) On private property without permission from the owner.
(c) It is unlawful for any person to solicit after sunset or before sunrise. The times of
sunset and of sunrise shall be as published by the United States Naval Observatory.
(d) It is unlawful for any person to solicit in an aggressive manner, including any of the
following actions:
(1) Soliciting in a manner that impedes access to or from, or use of a building, vehicle
or establishment;
(2) Soliciting in a manner that would alarm, intimidate, threaten, menace, harass, or
coerce a reasonable person;
(3) By following behind, ahead or alongside, blocking the path of, or continuing to solicit
a person who walks or drives away from the person soliciting or who gives notice or
demonstrates verbally or physically that such solicitation is offensive, unwelcome or that
the solicitation should cease;
(4) By using profane or abusive language or gestures either during the solicitation or
following a refusal, or making any statement, gesture or other communication that would
cause a reasonable person to be fearful or would be perceived as a threat; or
(5) By touching the solicited person without a statement, gesture or other
communication that the person being solicited consents to the touching.
(e) It is unlawful for any person to knowingly make a false or misleading representation
in the course of soliciting a donation. False or misleading representations include, but
are not limited to the following:
(1) Stating that the donation is needed to meet a specific need, when the person
soliciting already has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need that does not exist;
(3) Stating that the person soliciting is from out of town and stranded, or that he or she
is homeless when that is not true;
(4) Stating or representing that the person soliciting is a member of a military service
when the person soliciting is neither a present nor a former member of a military service;
(5) Stating or representing that the person soliciting suffers from a mental or physical
disability or deformity when the person soliciting does not suffer the disability or
deformity indicated; or
(f) It is unlawful for any person to solicit without possession of a valid registration issued
by the police department. Any person who has been registered shall keep a copy of the
registration on his or her person at all times while engaging in acts of solicitation and
shall show it to any police officer upon request. No person whose registration has been
revoked shall engage in acts of solicitation within the City of Cincinnati for a period of
eighteen (18) months following the revocation.
The police chief or his designee shall issue the registration, without fee, to any eligible
person who presents himself or herself at the registration location to be designated and
107
operated by the health department, states his or her true name, presents a photo
identification or signs a declaration under penalty of perjury that he or she has no such
identification, and permits himself or herself to be photographed. The regular registration
shall expire one (1) year from the date of issuance.
Upon receipt of an application for registration that is in accordance with this section, the
police department shall issue a temporary registration valid for ten (10) days and shall
determine eligibility for a regular registration before the temporary registration expires.
An eligible applicant shall receive a regular registration upon determination of the
applicant's eligibility. If such determination is not made within the ten -day period, the
temporary registration shall remain in effect until such time that the determination is
made.
The regular registration shall be sent by U.S. mail to the address as provided by the
applicant, or pursuant to procedures as established by the police department. Along with
the regular registration, the police department shall provide the applicant with a copy of
this section.
No person shall make a false or misleading representation while applying for registration
under this section.
First time offenders of the registration requirement will be issued a warning citation by
the issuing officer, which will be recorded at the police department, but such first -time
offenders will not be charged with a violation of this section. Subsequent violations of the
registration requirement will result in a charge of violation of this section.
(g) A person is ineligible to register if, and only if, within the past eighteen (18) months,
he or she has (1) been previously convicted of a violation of Section 910 -12 of the
Cincinnati Municipal Code; or (2) has had a registration revoked pursuant to section (h)
of this ordinance; or (3) has been convicted of an offense under the laws of any
jurisdiction which involve aggressive or intimidating behavior while engaging in
solicitation or false or misleading representations while engaging in solicitation.
(h) The police chief or his designee shall revoke any registration issued under this
section to a person who has been convicted of a violation of Section 910 -12 of the
Cincinnati Municipal Code within the past eighteen (18) months. Upon any arrest for any
violation of this section, the arrested person shall release to the arresting officer any
registration issued under this section to the arrested person. The arrested person may
apply at the registration location designated and operated by the health department for
consecutive thirty -day temporary registrations pending adjudication of the arrest case.
Such temporary registrations shall be issued to the arrested person during pendency of
the arrest case under this section.
(i) Any applicant shall have the right to appeal the denial or revocation of registration by
immediately requesting review by the Office of Administrative Hearings of the City of
Cincinnati. The appeal to the Office of Administrative Hearings shall be taken by the
applicant or registration holder within ten (10) days after issuance of the notice of denial
or revocation by filing written notice of appeal with the police chief at the 310 Ezzard
Charles Drive, Cincinnati, Ohio 45202, which shall be immediately provided to the Office
of Administrative Hearings. The Office of Administrative Hearings shall consider the
appeal within a reasonable time period as set forth within its regulations. The Office of
Administrative Hearings shall direct that the denial or revocation be rescinded if the
applicant has met all of the qualifying criteria set forth in this section. The applicant or
registration holder may appeal the decision of the Office of Administrative Hearings to
the Court of Common Pleas of Hamilton County pursuant to Chapter 2505 of the Ohio
Revised Code.
0) Each section and each part of each section of this ordinance is hereby declared to
be an independent section and part of a section and, notwithstanding any other evidence
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W •11
of legislative intent, that if any section or part of a section, or any provision thereof, or the
application thereof to any person or circumstances, is held to be invalid, the remaining
sections or parts of sections and the application of such provision to any other person or
circumstances, other than those to whom it is held invalid, shall be affected thereby, and
it is hereby declared to be the legislative intent that the provisions of this ordinance
would have been adopted independently of such section, sections or parts of a section
so held invalid.
(k) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 156 -1995, eff. June 2, 1995; a. Ord. No. 368 -1995, eff. Nov. 8, 1995; a. Ord. No.
140 -1999, eff. May 21, 1999; a. Ord. No. 68 -2002, eff. April 5, 2002; a. Ord. No. 158-
2003, 2, eff. June 20, 2003; Emer. Ord. No. 140 -2005, 1, eff. May 10, 2006)
Sec. 910 -13. Interference With Pedestrian or Vehicular Traffic.
No person shall recklessly interfere with pedestrian or vehicular traffic in a public place.
"interfere with pedestrian or vehicular traffic" as used in this section means to walk,
stand, sit, lie, or grab, touch or approach another person, in a public place so as to
block, interfere with, or impede the passage of any person or any vehicle, or to cause
any person or any driver of any vehicle to alter his or her intended direction of travel.
"Public place" as used in this section includes street, sidewalks, parks, plazas, parking
lots, driveways, public or private buildings open to the public, and doorways and
entrances to buildings or dwellings.
Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ordained by Ord. No. 230 -1992, eff. May 20, 1992; a. Ord. No. 68 -2002, eff. April 5,
2002)
CITY OF CLEVELAND, OHIO
471.06 Use of Highway for Soliciting;
(a) No person while on a roadway outside a safety zone shall solicit a ride from the
driver of any vehicle. This division does not apply in the case of emergency or when the
solicitation is due to the person engaging transportation for hire.
(b) No person shall stand on a highway for the purpose of soliciting employment,
business, or contributions from the occupant of any vehicle. This division does not apply
to police or firefighters soliciting contributions for bona fide charities.
(c) No person shall stand on a street or highway, or on any other portion of the right -of-
way, including the berm, shoulder, treelawn, and sidewalk, and transfer or receive any
item, object, package, currency, or anything of value, to or from the driver or an
occupant of any vehicle.
This division shall not apply in the case of emergency, or when the transfer or exchange
of the item, object, package, currency, or thing of value is due to the person engaging
transportation for hire or making a purchase from a licensed vendor. This division does
not apply in the case of emergency; or when the transfer or exchange of the item object,
package, currency, or thing of value is due to the person engaging transportation for hire
by a public hack; or is due to the person facilitating a funeral escort vehicle; or is due to
the person making a purchase from a licensed vendor; or is due to police or firefighters
soliciting contributions for bona fide charities; or is due to a charitable entity soliciting for
bona fide charitable purposes.
(d) No person who is the driver or occupant of a vehicle shall transfer or receive any
item, object, package, currency, or anything of value, to or from any person standing on
a street or highway, or on any other portion of the right -of -way, including the berm,
shoulder, treelawn, and sidewalk.
This division shall not apply in the case of emergency, or when the transfer or exchange
of the item, object, package, currency, or thing of value is due to the person engaging
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109
transportation for hire or making a purchase from a licensed vendor. This division does
not apply in the case of emergency; or when the transfer or exchange of the item, object,
package, currency, or thing of value is due to the person engaging transportation for hire
by a public hack; or is due to the person facilitating a funeral escort vehicle; or is due to
the person making a purchase from a licensed vendor; or is due to police or firefighters
soliciting contributions for bona fide charities; or is due to a charitable entity soliciting for
bona fide charitable purposes.
(e) No person shall stand on a street or highway, or on any other portion of the right -of-
way, including the berm, treelawn, shoulder, and sidewalk, and repeatedly stop, beckon
to, or attempt to stop vehicular traffic by hailing, waving arms, or making other bodily
gestures.
This division shall not be construed to prohibit a person from stopping, beckoning to, or
attempting to stop vehicles due to emergency, or to warn drivers of danger, or to engage
transportation or hire.
(1) Whoever violates divisions (b), (c), (d) or (e) of this section is guilty of a misdemeanor
of the fourth degree on the first offense, a misdemeanor of the third degree on the
second offense, and a misdemeanor of the first degree on the third and each
subsequent offense. Whoever violates any other division of this section is guilty of a
minor misdemeanor on the first offense; a misdemeanor of the fourth degree on a
second offense; and a misdemeanor of.the third degree on the third and each
subsequent offense.
(RC 4511.51; Ord. No. 1534 -02. Passed 11- 11 -02, eff. 11- 19 -02)
CITY OF DALLAS, TEXAS
SEC. 31 -35. SOLICITATION BY COERCION; SOLICITATION NEAR DESIGNATED
LOCATIONS AND FACILITIES.
(a) In this section:
(1) AUTOMATED TELLER MACHINE means a machine, other than a
telephone:
(A) that is capable of being operated by a customer of a financial institution;
(B) by which the customer may communicate to the financial institution a
request to withdraw a benefit for the customer or for another person directly from the
customer's account or from the customer's account under a line of credit previously
authorized by the financial institution for the customer; and
(C) the use of which may or may not involve personnel of a financial
institution.
(2) COERCION means:
(A) to approach or speak to a person in such a manner as would cause a
reasonable person to believe that the person is being threatened with:
(i) imminent bodily injury; or
(ii) the commission of a criminal act upon the person or another person,
or upon property in the person's immediate possession;
(B) to persist in a solicitation after the person solicited has given a negative
response;
(C) to block, either individually or as part of a group of persons, the passage
of a solicited person; or
(D) to engage in conduct that would reasonably be construed as intended to
compel or force a solicited person to accede to demands.
(3) EXTERIOR PUBLIC PAY TELEPHONE means any coin or credit card
reader telephone that is:
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HHEI
(A) installed or located anywhere on a premises except exclusively in the
interior of a building located on the premises; and
(B) accessible and available for use by members of the general public.
(4) PUBLIC TRANSPORTATION STOP means an area officially marked and
designated as a place to wait for a bus, a light rail vehicle, or any other public
transportation vehicle that is operated on a scheduled route with passengers paying
fares on an individual basis.
(5) SELF- SERVICE CAR WASH means a structure:
(A) at which a vehicle may be manually washed by its owner or operator with
equipment that is activated by the deposit of money in a coin operated machine; and
(B) that is accessible and available for use by members of the general
public.
(6) SELF- SERVICE FUEL PUMP means a fuel pump:
(A) from which a vehicle may be manually filled with gasoline or other fuel
directly by its owner or operator, without the aid of an employee or attendant of the
premises at which the fuel pump is located; and
(B) that is accessible and available for use by members of the general
public.
(7) SOLICITATION means to ask, beg, solicit, or plead, whether orally or in a
written or printed manner, for the purpose of receiving contributions, alms, charity, or
gifts of items of value for oneself or another person.
(b) A person commits an offense if he conducts a solicitation by coercion.
(c) A person commits an offense if he conducts any solicitation within 25 feet of:
(1) an automated teller machine;
(2) an entrance or exit of a bank, credit union, or other similar financial
institution;
(3) an exterior public pay telephone;
(4) a self service car wash;
(5) a self service fuel pump; or
(6) a public transportation stop.
(d) For purposes of Subsection (c), measurement will be made in a straight line,
without regard to intervening structures or objects, from the nearest point at which a
solicitation is being conducted to whichever is applicable of the following:
(1) the nearest entrance or exit of a facility in which an automated teller
machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of
the automated teller machine;
(2) the nearest entrance or exit of a bank, credit union, or other similar financial
institution;
(3) the nearest part of an exterior public pay telephone;
(4) the nearest part of the structure of a self service car wash;
(5) the nearest part of a self service fuel pump; or
(6) the nearest point of any sign or marking designating an area as a public
transportation stop.
(e) In addition to any enforcement action by a peace officer for a violation of this
section, any person who is a victim of a solicitation prohibited under Subsection (b) or
(c), or who witnesses a violation of Subsection (c), may file a complaint with the city
attorney. Evidence to support a conviction for a violation of this section may include, but
is not limited to, testimony of witnesses, videotape evidence of the violation, and other
admissible evidence. (Ord. Nos. 21030; 25213)
SEC. 28 -63.3. SOLICITATIONS TO OCCUPANTS OF VEHICLES ON PUBLIC
ROADWAYS PROHIBITED.
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(a) In this section:
(1) GOODS means property of every kind.
(2) PUBLIC PROPERTY means:
(A) any property open or devoted to public use or owned by the city; and
(B) any area dedicated to the public use for sidewalk, street, highway, or
other transportation purposes, including, but not limited to, any curb, median, parkway,
shoulder, sidewalk, alley, drive, or public right -of -way.
(3) ROADWAY has the meaning given that term in Chapter 541, Texas
Transportation Code.
(4) SERVICES means any work done for the benefit of another person.
(5) SOLICITATION means any conduct or act whereby a person:
(A) either orally or in writing, asks for a ride, employment, goods, services,
financial aid, monetary gifts, or any article representing monetary value, for any purpose;
(B) either orally or in writing, sells or offers for sale goods, services, or
publications;
(C) distributes without remuneration goods, services, or publications; or
(D) solicits signatures on a petition or opinions for a survey.
(6) VEHICLE has the meaning given that term in Chapter 541, Texas
Transportation Code.
(b) A person commits an offense if, while occupying any public property adjacent to
any public roadway in the city, he knowingly conducts a solicitation directed to, or
intended to attract the attention of, the occupant of any vehicle stopped or traveling on
the roadway. An offense occurs when the solicitation is made, whether or not an actual
employment relationship is created, a transaction is completed, or an exchange of
money, goods, or services takes place.
(c) It is a defense to prosecution under Subsection (b) that the person was:
(1) summoning aid or requesting assistance in an emergency situation; or
(2) a law enforcement officer in the performance of official duties.
(d) In addition to any enforcement action by a peace officer for a violation of this
section, any person who is a victim of a solicitation prohibited under Subsection (b), or
who witnesses a violation of Subsection (b), may file a complaint with the city attorney.
Evidence to support a conviction for a violation of this section may include, but is not
limited to, testimony of witnesses, videotape evidence of the violation, and other
admissible evidence. (Ord. 25213)
CITY OF DAYTON, OHIO
Sec. 70.05. Manner of riding and solicitation.
(A) No person while on a roadway outside a safety zone shall solicit a ride from the
driver of any vehicle.
(B) No person shall stand on a highway for the purpose of soliciting employment,
business, or contributions from the occupant of any vehicle.
Sec. 137.14. Definitions. ...Panhandling does not include passively standing or sitting
with a sign or other indication that one is seeking donations, without addressing any
solicitation to any specific person other than in response to an inquiry by that person.
Sec. 137.16. Place of panhandling.
No person shall panhandle by soliciting a person in any of the following places:
(A) At any bus stop;
(B) In any public transportation vehicle or facility;
(C) In any vehicle within the public right -of -way;
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(D) Within 20 feet of any entrance or exit of any bank, savings and loan association,
credit union, or check cashing business during its business hours or within 20 feet of any
automated teller machine during the time it is available for customers' use;
(E) In or at any sports stadium owned or operated by a political subdivision;
(F) In or at any hall or theater owned or operated by a political subdivision;
(G) In or at the Dayton Aviation Heritage National Historical Park;
(H) In or at the National Afro American Museum and Cultural Center;
(1) On private property, unless the panhandler has permission from the owner or
occupant.
Sec. 137.20. Registration.
(A) No person shall panhandle without a registration issued by the Chief of Police. The
registration shall include the name and photograph of the person to whom it is issued.
Any person who has been registered shall display the registration in plain view on the
front of that person at all times while panhandling. No person whose registration has
been revoked shall panhandle for a period of two years following the revocation...
CITY OF DENVER, COLORADO
Sec. 38 -132. Panhandling.
(a) Definitions. For the purpose of this section:
(1) Aggressive panhandling shall mean:
a. Continuing to solicit from a person after the person has given a negative response to
such soliciting;
b. intentionally touching or causing physical contact with another person without that
person's consent in the course of soliciting;
c. Intentionally blocking or interfering with the safe or free passage of a pedestrian or
vehicle by any means, including unreasonably causing a pedestrian or vehicle operator
to take evasive action to avoid physical contact;
d. Using violent or threatening gestures toward a person solicited;
e. Persisting in closely following or approaching the person being solicited, with the
intent of asking that person for money or other things of value, after the person solicited
has been solicited and informed the solicitor by words or conduct that such person does
not want to be solicited or does not want to give money or any thing of value to the
solicitor;
f. Using profane or abusive language which is likely to provoke an immediate violent
reaction from the person being solicited;
g. Soliciting money from anyone who is waiting in line for tickets, for entry to a building,
or for another purpose.
h. Approaching or following a person for solicitation as part of a group of two (2) or
more persons, in a manner and with conduct, words, or gestures intended or likely to
cause a reasonable person to fear imminent bodily harm or damage to or loss of
property or otherwise to be intimidated into giving money or other thing of value.
(2) Soliciting or Panhandling for purposes of this section are interchangeable and
mean any solicitation made in person requesting an immediate donation of money.
Purchase of an item for an amount far exceeding its value, under circumstances where a
reasonable person would understand that the purchase is in substance a donation, is a
donation for the purpose of this chapter. Panhandling does not include passively
standing or sitting with a sign or other indication that one is seeking donations, without
addressing any solicitation to any specific person other than in response to an inquiry by
that person.
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(3) Public place shall mean a place to which the public or a substantial group of
persons has access, including but not limited to any street, sidewalk, highway, parking
lot, plaza, transportation facility, school, place of amusement, park, or playground.
(4) Financial institution shall mean any bank, industrial bank, credit union, or savings
and loan as defined in Title 11 of the Colorado Revised Statutes.
(5) Automated teller machine shall mean a device, linked to a financial institution's
account record which is able to carry out transactions, including, but not limited to:
account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan
payments.
(6) Automated teller machine facility shall mean the area comprised of one (1) or more
automatic teller machines, and any adjacent space which is made available to banking
customers after regular banking hours.
(b) Prohibited acts.
(1) No person shall engage in aggressive panhandling in any public place.
(2) No person shall panhandle on private or residential property after having been
asked to leave or refrain from panhandling by the owner or other person lawfully in
possession of such property.
(3) No person shall panhandle within twenty feet of public toilets.
(4) No person shall panhandle within twenty (20) feet of any automated teller machine.
Provided, however, that when an automated teller machine is located within an
automated teller machine facility, such distance shall be measured from the entrance or
exit of the facility.
(5) No person shall solicit from any operator or occupant of a motor vehicle on a public
street in exchange for blocking, occupying, or reserving a public parking space, or
directing the operator or occupant to a public parking space.
(6) No person shall panhandle in any public transportation vehicle, or within twenty (20`
feet of any bus, train, or light -rail station or stop, or within the bus transit lane on the 16th
Street Mall, or in any public parking lot or structure.
(7) No person shall panhandle within six (6) feet of an entrance to a building.
(8) No person shall panhandle within twenty (20) feet of any pay telephone, provided
that when a pay telephone is located within a telephone booth or other facility, such
distance shall be measured from the entrance or exit of the telephone booth or facility.
(9) No person shall solicit or panhandle after dark, which shall mean one -half hour after
sunset until one -half hour before sunrise.
(10) No person shall solicitor panhandle within twenty (20) feet of any outdoor patio
where food or drink are served.
Sec. 54 -548. Solicitation on or near street or highway.
(a) The purpose of this section is to prevent dangers to persons and property, to
prevent delays, and to avoid interference with the traffic flow. Roadways that have center
medians often are designed to deal with specific traffic flow problems. The presence of
pedestrians on center medians poses dangers to both pedestrians and traffic and
interferes with the traffic planning process. Any delay or distraction may interfere with
traffic planning. Sometimes persons stand near intersections and near traffic lights to
contact drivers or passengers in cars that are passing or that are stopped temporarily
due to traffic lights.
(b) It shall be unlawful for any person to solicit employment, business, contributions, or
sales of any kind, or collect monies for the same, from the occupant of any vehicle
traveling upon any street, road or highway when such solicitation or collection:
(1) Causes the person performing the activity to enter onto the traveled portion of a
street or highway; or
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(2) Involves the person performing the activity to be located upon any median area
which separates traffic lanes for vehicular travel in opposite directions.
(c) It shall be unlawful for any person to solicit or attempt to solicit employment,
business, contributions or sales of any kind from the occupant of any vehicle on any
highway included in the interstate system including any entrance to or exit from such
highway.
(d) For purposes of this section, the traveled portion of the street or highway shall mean
that portion of the road normally used by moving motor vehicle traffic.
(Ord. No. 407 -01, 1, 5- 14 -01; Ord. No. 803 -05, 1, 12 -5 -05)
CITY OF FEDERAL WAY, WASHINGTON
WHEREAS, the current provisions of the Federal Way City Code include regulation of
activity that involves aggressive begging, such as intimidation, false or misleading
activities, or activities that involve safety concerns for people; and
WHEREAS, because there is an increase of activities at off -ramps and along public
rights -of -way that interfere with or potentially jeopardize the safety of pedestrians or
vehicular traffic, it is appropriate that the provisions of the aggressive begging ordinance
be modified to assure a better ability of the law enforcement officials to protect the safety
of the public that may otherwise be threatened;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 6, Article VIII, Section 6 -188 of the Federal Way City Code is
hereby amended to read as follows:
6 -188 Aggressive begging.
(a) It is a crime for any person to engage in aggressive begging in any public place
in the city as those terms are defined by this section.
(b) As used in this section:
(1) Aggressive begging shall mean (a) to beg with intent to intimidate another person
into giving money or goods, (b) to beg with the use of false or misleading information, (c)
to beg with or to involve activities that are unsafe or dangerous to any person or property
or to beg at locations or in a manner that threatens the safety of persons or property or
that impedes or threatens to impede pedestrian or vehicular traffic, (d) to beg in a
manner that exploits children, or (e) to willfully provide or deliver or attempt to provide or
deliver unrequested or unsolicited services or products with a demand or exertion of
pressure for payment in return.
(2) Beg shall mean to ask for money or goods as a charity, whether by words, bodily
gestures, signs or other means.
(3) Intimidate shall mean to engage in conduct which would make a reasonable person
fearful or feel compelled.
(4) Public place shall mean any road, alley, lane, parking area, sidewalk or any place,
private or otherwise, adopted to and fitted for vehicular or pedestrian travel, that is in
common use by the public with the consent, expressed or implied, of the owner or
owners, and further, any public playground, school grounds, recreation grounds, parks,
parkways, park drives, park paths and rights -of -way open to the use of the public.
(5) Exploit children shall mean using children in an unethical, selfish, or abusive manner
or in any other manner that gives an unfair advantage.
Section 2. Severabilitv. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or
portion of this ordinance or the invalidity of the application thereof to any person or
circumstance, shall not affect the validity of the remainder of the ordinance, or the
validity of its application to other persons or circumstances.
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CITY OF GALVESTON, TEXAS
Sec. 24 -19. Aggressive solicitation.
(a) Definitions. The following words, terms, and phrases when used in this section
shall have the meaning ascribed to them in this subsection, unless the context of their
usage clearly indicates another meaning:
(1) Aggressive manner means and includes:
a. Intentionally or recklessly making any physical contact with or touching another
person in the course of the solicitation without the person's consent;
b. Following the person being solicited, if that conduct is:
(i) Intended to or is likely to cause a reasonable person to fear imminent bodily harm or
the commission of a criminal act upon property in the person's possession; or
(ii) Is intended to or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
c. Continuing to solicit within eight (8) feet of the person being solicited after the person
has made a negative response, if continuing the solicitation is:
(i) Intended to or is likely to cause a reasonable person to fear imminent bodily harm or
the commission of a criminal act upon property in the person's possession; or
(ii) Is intended to or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
d. Intentionally or recklessly blocking the safe or free passage of the person being
solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid
physical contact with the person making the solicitation. Acts authorized as an exercise
of one's constitutional right to picket or legally protest, and acts authorized by a permit
issued by the city, shall not constitute obstruction of pedestrian or vehicular traffic;
e. Intentionally or recklessly using obscene or abusive language or gestures:
(i) Intended to or likely to cause a reasonable person to fear imminent bodily harm or
the commission of a criminal act upon property in the person's possession; or
(ii) Words intended to or reasonably likely to intimidate the person into responding
affirmatively to the solicitation; or
f. Approaching the person being solicited in a manner that
(i) Is intended to or is likely to cause a reasonable person to fear imminent bodily harm
or the commission of a criminal act upon property in the person's possession; or
(ii) Is intended to or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation.
(2) Automated feller machine or ATM means a device, linked to a financial
institution's account records, which is able to carry out transactions, including, but not
limited to: account transfers, deposits, cash withdrawals, balance inquiries, and
mortgage and loan payments.
(3) Automated teller machine facility means the area comprised of one or more
automatic teller machines, and any adjacent space, which is made available to banking
customers.
(4) Bank includes a bank, savings bank, savings and loan association, credit union,
trust company, or similar financial institution.
(5) Check cashing business means a person in the business of cashing checks, drafts,
or money orders for consideration.
(6) Coin operated machine means a coin or cash operated contrivance, apparatus, or
equipment used for the purpose of providing sales of goods or services.
(7) Fuel dispensing device means a pump or other machine utilized for dispensing fuel
to motor vehicles for a fee.
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(8) Pay telephone means any coin- operated or credit or debit card reader operated
telephone located on any public or private property that is accessible for public use.
(9) Parking meter means any coin operated meter utilized to charge for parking a
motor vehicle on public property.
(10) Parking fee collection box means a device utilized to collect coins or currency as a
charge for parking a motor vehicle on private property.
(11) Public area means an outdoor area to which the public has access and includes,
but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway, pedestrian
way, or the common area of a school, hospital, library, office building, transport facility,
or shop.
(12) Request means any imperative instruction, whether verbal or non verbal, by a
solicitee to a solicitor to desist the solicitation including but not limited to words or
gestures such as "stop," "back off', "stay back", "get away "leave me alone," or
"withdraw
(13) Solicitation means the act of panhandling by seeking through a communication
with another person, whether by gesture or verbally, funds or good for food, personal
favors, (such as trips, transportation, clothing, or other) drink, lodging, vehicle fare, or
any other purpose to directly benefit an individual or his family members.
(14) Solicitee means any individual to whom a solicitor, as defined herein, directs a
solicitation.
(15) Solicitor means any person who engages in the act of solicitation as defined
above.
(16) Transportation facility means a facility or designated location that is owned,
operated, or maintained by the city and is designed to serve as point from which patrons
take ingress and egress from the transit system and includes one more of the following
structures. a sign or signs indicating a transit stop or pick -up point, a shelter for transit
patrons, or benches or chairs for transit patrons.
(17) Transit system means a vehicle, including but not limited to a bus or trolley,
operated by the city for public transportation.
(b) Prohibited acts. it shall be unlawful for any person to solicit money or other things
of value, or to solicit the sale of goods or services:
(1) In an aggressive manner in a public area;
(2) In any public transportation vehicle or transportation facility;
(3) At a marked crosswalk;
(4) Within twenty -five (25) feet of
a. An automated teller facility;
b. The entrance or exit of a bank;
c. The entrance or exit of a check cashing business;
d. Coin operated machine;
e. Fuel dispensing device;
f. Parking meter or parking fee collection box; or,
g. Pay telephone.
(5) On private property if the owner, tenant, or lawful occupant has asked the person
not to solicit on the property, or has posted a sign clearly indicating that solicitations are
not welcome on the property; or
(6) From any operator of a motor vehicle that is in traffic on a public street, whether in
exchange for cleaning the vehicle's windows, or for blocking, occupying, or reserving a
public parking space, or directing the occupant to a public parking space; provided,
however, that this paragraph shall not apply to services rendered in connection with
emergency repairs requested by the operator or passengers of such vehicle.
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(c) Penalties. A violation of this section shall be a Class C misdemeanor and upon
conviction shall be punishable by a fine not to exceed five hundred dollars ($500.00). In
lieu of, or in addition to the penalty provided in this section, a person in violation of this
section may be required to perform community service work as described by the court. A
culpable mental state is not required, and need not be proved, for an offense under
subsections (b)(2), (3), (4).
(Ord. No. 02 -055, 2, 6- 13 -02)
CITY OF HOUSTON, TEXAS
Sec. 28-46. Aggressive panhandling.
(a) The following words, terms, and phrases when used in this section shall have the
meanings ascribed to them in this subsection, unless the context of their usage clearly
indicates another meaning:
Automated teller machine or ATM means a machine, other than a telephone, that is
capable of being operated by a patron to communicate to a financial institution:
(1) A request to withdraw money from an account directly or under a line of credit
previously authorized;
(2) An instruction to deposit money in an account with the financial institution;
(3) An instruction to transfer money between one or more accounts maintained with the
financial institution;
(4) An instruction to apply money against an indebtedness to the financial institution; or
(5) A request for information concerning the balance of the account with the financial
institution.
Fuel dispensing device means a pump or other machine utilized for dispensing fuel to
motor vehicles for a fee.
Pay telephone means any coin operated or credit or debit card reader operated
telephone located on any public or private property that is accessible for public use.
Parking meter means any coin operated meter utilized to charge for parking a motor
vehicle on public property.
Parking fee collection box means a device utilized to collect coins or currency as a
charge for parking a motor vehicle on private property.
Public place means a street, sidewalk, or other place that is open to the public.
Request means any imperative instruction, whether verbal or non- verbal, by a solicitee
to a solicitor to desist the solicitation including but not limited to words or gestures such
as "stop," "back off," "stay back," "get away," "leave me alone," or "withdraw."
Solicitation means the act of panhandling by seeking through a communication with
another person, whether by gesture or verbally, funds or goods for food, personal favors
(such as trips, transportation, clothing, or other), drink, lodging, vehicle fare, or any other
purpose to directly benefit an individual or his family members.
Solicitee means any individual to whom a solicitor, as defined herein, directs a
solicitation.
Solicitor means any person who engages in the act of solicitation as defined above.
Transit facility means a facility that:
(1) is owned and operated by the Metropolitan Transit Authority of Harris County,
Texas (METRO);
(2) Constitutes a permanent and integral part of the transit system of METRO;
(3) Is designed to serve as a point from which METRO patrons take ingress and egress
from the METRO transit system; and
(4) Includes one or more of the following structures: a sign or signs indicating a transit
stop or pick -up point, a shelter for transit patrons or benches or chairs for transit patrons.
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(b) Immediately upon any request from a solicitee to a solicitor, a solicitor who is in a
public place at the moment the request is made shall discontinue the solicitation until
there is a space of at least eight feet between the solicitor and the solicitee or, in the
alternative, discontinue all efforts to engage in the solicitation if within eight feet proximity
to a requesting solicitee.
(c) For the purposes of subsection (b) of this section, distance shall be measured from
any extension of the solicitor's body, including without limitation any sign or other object
being used or carried by the solicitor, to any part of the solicitee's body.
(d) Regardless of whether or not any request is made by the solicitee to the solicitor, no
solicitor shall engage in solicitation within a distance of eight feet from any ATM, pay
telephone, parking meter, parking fee collection box, transit facility, or fuel dispensing
device.
(e) For the purposes of subsection (d) of this section, distance shall be measured from
any extension of the solicitor's body, including without limitation any sign or other object
being used or carried by the solicitor, to any part of the physical structure of the ATM,
pay telephone, parking meter, parking fee collection box, transit facility, or fuel
dispensing device.
(f) Any person who knowingly or intentionally violates any provision of this section shall
be guilty of a misdemeanor and, upon conviction, shall be punished as provided by
section 1 -6 of this Code.
(Ord. No. 92 -390, 2, 4 -8 -92; Ord. No. 92 -1449, 48,11-4-92; Ord. No. 02 -504, 3, 6-
12 -02)
CITY OF INDIANAPOLIS, INDIANA
Sec. 407 -102. Panhandling.
(a) As used in this section, panhandling means any solicitation made in person upon
any street, public place or park in the city, in which a person requests an immediate
donation of money or other gratuity from another person, and includes but is not limited
to seeking donations:
(1) By vocal appeal or for music, singing, or other street performance; and
(2) Where the person being solicited receives an item of little or no monetary value in
exchange for a donation, under circumstances where a reasonable person would
understand that the transaction is in substance a donation.
However, panhandling shall not include the act of passively standing or sitting nor
performing music, singing or other street performance with a sign or other indication that
a donation is being sought, without any vocal request other than in response to an
inquiry by another person.
(b) It shall be unlawful to engage in an act of panhandling on any day after sunset, or
before sunrise.
(c) It shall be unlawful to engage in an act of panhandling when either the panhandler
or the person being solicited is located at any of the following locations: at a bus stop; in
any public transportation vehicle or public transportation facility; in a vehicle which is
parked or stopped on a public street or alley; in a sidewalk cafe; or within twenty (20)
feet in any direction from an automatic teller machine or entrance to a bank.
(d) It shall be unlawful to engage in an act of panhandling in an aggressive manner,
including any of the following actions;
(1) Touching the solicited person without the solicited person's consent;
(2) Panhandling a person while such person is standing in line and waiting to be
admitted to a commercial establishment;
(3) Blocking the path of a person being solicited, or the entrance to any building or
vehicle;
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(4) Following behind, ahead or alongside a person who walks away from the
panhandler after being solicited;
(5) Using profane or abusive language, either during the solicitation or following a
refusal to make a donation, or making any statement, gesture, or other communication
which would cause a reasonable person to be fearful or feel compelled; or
(6) Panhandling in a group of two (2) or more persons.
(e) Each act of panhandling prohibited by this section shall constitute a public
nuisance and a separate violation of this Code. Each violation shall be punishable as
provided in section 103 -3 of this Code, and the court shall enjoin any such violator from
committing further violations of this section. (Code 1975, 20 -8; G.O. 78, 1999, 1)
CITY OF KANSAS CITY, MISSOURI
Sec. 50 -151. Aggressive begging /begging at specified locations.
(a) Purpose. The purpose of this section is to regulate and punish acts of aggressive
begging and acts of begging that occur at locations or under circumstances specified
herein which create an enhanced sense of fear or intimidation in the person being
solicited or create disorder upon public streets or other public areas. The purpose of this
section is not to punish the status or condition of any person. Regulation is required
because aggressive begging anywhere in the city contributes to the loss of access to
and enjoyment of public places and creates a sense of fear, intimidation and disorder.
The city has substantial interests in the protection of public safety, the use of public
transportation, the safe and unobstructed flow of traffic on its public streets and the
preservation of the safe use of public areas. The regulations in this section further these
substantial interests. This section is not intended to proscribe any demand for payment
for services rendered or goods delivered. Nor is this section intended to prohibit acts
authorized as an exercise of a person's constitutional right to legally picket, protest or
speak.
(b) Definitions.
Aggressive manner means:
(1) Threatening approaches. Approaching the person being solicited in a manner that:
a. Is intended to or is likely to cause a reasonable person to fear imminent bodily harm
or the commission of a criminal act upon property in the person's possession; or
b. Is intended to or is likely to intimidate the person being solicited into responding
affirmatively to the solicitation;
(2) Following. Following the person being solicited, if that conduct is:
a. Intended to or is likely to cause a reasonable person to fear imminent bodily harm or
the commission of a criminal act upon property in the person's possession; or
b. Is intended to or is likely to intimidate the person being solicited into responding
affirmatively to the solicitation;
(3) Physical contact. Intentionally or recklessly making any physical contact with or
touching another person in the course of the solicitation, or approaching within an arm's
length of the person, except with the person's consent;
(4) Continuing to solicit. Continuing to solicit a person after the person has made a
negative response, if continuing the solicitation is:
a. Intended to or is likely to cause a reasonable person to fear imminent bodily harm or
the commission of a criminal act upon property in the person's possession; or
b. Is intended to or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
(5) Verbal threats. Intentionally or recklessly using words:
a. Intended to or likely to cause a reasonable person to fear imminent bodily harm or
the commission of a criminal act upon property in the persons' possession; or
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b. Words likely to intimidate the person into responding affirmatively to the solicitation;
or
(6) Blocking sidewalks or streets. Intentionally or recklessly blocking the safe or free
passage of the person being solicited or requiring the person, or the driver of a vehicle,
to take evasive action to avoid physical contact with the person making the solicitation.
Automated teller machine is a device, linked to a financial institution's account records,
which is able to carry out transactions, including, but not limited to: Account transfers,
deposits, cash withdrawals, balance inquiries and mortgage and loan payments.
Automated teller machine facility is the area comprised of one or more automatic teller
machines, and any adjacent space, which is made available to banking customers.
Intimidate means to engage in conduct which would make a reasonable person feel
threatened or fearful of harm to the person's personal safety or property.
Public area is an area open to use by the general public, including, but not limited to,
alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets
open to the general public, and the doorways and entrances to buildings and dwellings,
and the grounds enclosing them.
To solicit includes, without limitation, the spoken, written or printed word or such other
acts or bodily gestures as are conducted in furtherance of the purposes of begging,
soliciting or asking for any item of value, monetary or otherwise.
(c) Prohibitions.
(1) Aggressive begging or soliciting. It shall be unlawful for any person to solicit money
or other things of value, or to solicit the sale of goods or services, in an aggressive
manner in a public area.
(2) Public transportation. It shall be unlawful to solicit money or other things of value,
or to solicit the sale of goods or services in any public transportation vehicle, or bus or
train station or stop.
(3) Automated teller machine. It shall be unlawful to solicit money or other things of
value, or to solicit the sale of goods or services, if the person making the solicitation
knows or reasonably should know that the solicitation is occurring within 15 feet of an
automated teller machine or automated teller machine facility, or within 15 feet of any
entrance or exit to a building containing an automated teller machine or automated teller
machine facility.
(4) Walk -up or drive -up teller window. It shall be unlawful to solicit money or other
things of value, or to solicit the sale of goods or services, if the person making the
solicitation knows or reasonably should know that the solicitation is occurring within 15
feet of a walk -up or drive -up teller window located on the exterior of the building of a
financial institution which is made available to its banking customers.
(5) Private property. It shall be unlawful to solicit money or other things of value, or to
solicit the sale of goods or services on private property or residential property, if the
owner, tenant or lawful occupant has asked the person not to solicit on the property, or
has posted a sign clearly indicating that solicitations are not welcome on the property.
(6) Motor vehicles to be parked. It shall be unlawful to solicit money or other things of
value from any operator or occupant of a motor vehicle on a public street in exchange for
blocking, occupying or reserving a public space, directing the occupant to a public
parking space or protecting a parked vehicle.
(Code of Gen. Ords. 1967, 26.4; Ord. No. 960297, 1, 4- 18 -96)
CITY OF KEY WEST, FLORIDA
Sec. 42 -11. No panhandling /no solicitation areas.
a) Definitions
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Clinton Square shall mean that area of the Historic District, including its streets and
sidewalks, and its interior park, bounded by Whitehead Street from Greene Street to
Front Street, Front Street from Whitehead Street/David Wolkowsky Street to Greene
Street, and Greene Street from Front Street to Whitehead Street.
Mallory Square shall mean the entire dimensions of Mallory Square including its pier,
parking lot, the Waterfront Playhouse, the Sculpture Garden, and that portion of any
other structure facing Mallory Square; Tift Alley; and Wall Street from the perimeter wall
of the Mallory Square Parking Lot to Fitzpatrick Street
Panhandling shall mean begging or asking or soliciting money or goods for charity or
personal gain, whether by word, bodily gestures, signs or other means.
Solicitation shall mean an offer by a person to perform a service or to sell a good in
exchange for money or other type of compensation. For the purposes of this section,
solicitation shall not mean such an offer by: (i) a person who holds an occupational
license issued by the city for a business location when the offer is made at such location;
(ii) a person who holds a mobile vendor's license, a coconut palm frond permit, or other
specific license or permit issued by the city; or (iii) a person whose offered good or
service is artistic in nature.
Southernmost Point shall mean that area of the Historic District, including the
Southernmost Point Monument and including the sidewalks and streets bounded by
South Street from Duval Street to Whitehead Street and Whitehead Street from South
Street to United Street.
(b) Prohibition. Panhandling and solicitation are prohibited in Clinton Square, Mallory
Square, and at the Southernmost Point. Panhandling and solicitation are prohibited on
Simonton Street, Duval Street and Whitehead Street between and including Front Street
and Angela Street.The city manager shall post signs in each area advising the public of
this prohibition.
(c) Penalty. A violation of this section shall be punishable in accordance with section 1-
15 of the Code of Ordinances.(Ord. No. 02 -13, 1, 5 -7 -02)
Sec. 42 -3. Aggressive or obstructive panhandling.
(a) The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates
a different meaning:
Aggressively beg means to beg with the intent to intimidate another person into giving
money or goods.
Beg means to ask or solicit for money or goods as a charity, whether by word, bodily
gestures, signs, or other means.
Intimidate means to engage in conduct which would make a reasonable person fearful or
feel compelled. Among the circumstances that may be considered in determining
whether the actor intends to intimidate another person into giving money or goods are
that the actor refuses to identify himself or manifestly
endeavors to conceal himself or any object. Unless flight by the person or other
circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest
for an offense under this section, afford the person an opportunity to dispel any alarm or
immediate concern which would otherwise be warranted by requesting him whether the
actor:
(1) Touches the person solicited;
(2) Follows the person solicited, and persists in begging after the person solicited has
given a negative response;
(3) Directs profane or abusive language toward the person solicited; or
(4) Acts in a violent or threatening manner toward the person solicited
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Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, or place an object in
such a manner as to block passage by another person or a vehicle, or to require another
person or a driver of a vehicle to take unreasonable evasive action to avoid physical
contact.
Public place means an area accessible to the public and includes alleys, bridges,
buildings, decks, driveways, parking lots, parks, plazas, sidewalks, school grounds,
streets and other rights -of -way open to the general public, including those that serve
food or drink or provide entertainment, and the doorways and entrances to buildings or
dwellings and the grounds enclosing them.
Unreasonable evasive action means causing a vehicle to depart from the lane of traffic
in which it is traveling to change lanes, to straddle lanes, or to enter onto a swale to
obtain passage; it also means causing a pedestrian to leave the sidewalk on which he is
traveling or to make contact with a wall or fence bordering the sidewalk.
b) A person shall be guilty of aggressive or obstructive interference if, in a public place,
he intentionally (i) aggressively begs, or (ii) obstructs pedestrian or vehicular traffic. Acts
authorized as an exercise of one's constitutional right of assembly and free speech and
acts authorized by a permit or a special events license duly issued by the city or by lease
of real property owned by the city shall not constitute a violation under this section.
c) A violation of this section shall be punishable as provided in section 1 -15. Nothing in
this subsection shall limit the discretion of police, court personnel or judges from
referring persons suspected, charged or convicted of a violation of this section to
treatment programs or facilities that provide an alternative to prosecution or
incarceration, if the alleged or convicted violator consents.(Code 1986, 81.03)
CITY OF LAREDO, TEXAS
Sec. 21 -251. Definitions.
Notwithstanding anything to the contrary, the following definitions are applicable to this
article only:
Highway or street means the width between the boundary lines of a publicly
maintained way any part of which is open to the public for vehicular traffic.
Individuals means a natural person.
Obstruct means to render impassable or to render passage unreasonably inconvenient,
unsafe, or hazardous.
Person means and includes both individual persons and organizations.
Right -of -way means any land owned by the city which is subject to the right of passage
held by the public in general.
Roadway means the portion of the highway, other than the berm or shoulder, that is
improved, designed, or ordinarily used for vehicular travel.
Shoulder means the portion of a highway that is:
(1) Adjacent to the roadway;
(2) Designed or ordinarily used for parking;
(3) Distinguished from the roadway by different design, construction, or marking; and
(4) Not intended for normal vehicular travel.
Sidewalk means the portion of a street that is between a curb or lateral line of a
roadway and the adjacent property line and is for the exclusive use of pedestrians.
Solicit, soliciting or solicitation means to request an immediate donation of money or
other thing of value from another person, regardless of the solicitor's purpose or
intended use of the money or other thing of value. The solicitation may be, without
limitation, by the spoken, written, or printed word, or by other means of communication.
Purchase of an item for an amount far exceeding its value, under circumstances where a
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reasonable person would understand that the purchase is in substance a donation, is a
solicitation.
Street or highway means the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for purposes of
vehicular traffic.
Traffic control signal means any device, whether manually, electrically, or mechanically
operated, by which traffic is alternately directed to stop and permitted to proceed.
Traffic island means a curbed barrier within a street or roadway designated for the
purpose of separating or directing streams of vehicular traffic.
(Ord. No. 98 -215, 2, 8- 24 -98; Ord. No. 2004 -0 -331, 1, 12- 20 -04)
Sec. 21 -252. Time of solicitation.
It shall be unlawful for any person to solicit outside a building after sunset or before
sunrise.
(Ord. No. 98 -215, 2, 8- 24 -98)
Sec. 21 -253. Place of solicitation.
It shall be unlawful for any person to solicit in any of the following places or to solicit from
persons who are in the following places:
(1) At any bus stop;
(2) In any public transportation vehicle or facility;
(3) On private property, unless the solicitor has permission from the owner or tenant;
(4) Within twenty (20) feet of any entrance way into or exit from any public building;
(5) Within forty (40) feet of any outdoor automatic teller machine (ATM);
(6) On any public property, unless allowed by other provisions of this article;
(7) Anywhere in the public right -of -way used for vehicular traffic, street, highway or
roadway, unless in conformance with the requirements of section 21 -254.
(Ord. No. 98 -215, 2, 8- 24 -98; Ord. No. 2004 -0 -331, 1, 12- 20 -04)
Sec, 21 -254. Manner of solicitation.
It shall be unlawful for any person to solicit in any of the following manners:
(1) By coming within five (5) feet of the person solicited, until that person has indicated
that he or she wishes to make a donation;
(2) By blocking the path of the person solicited, or other pedestrians, along a sidewalk
or street by walking, standing, sitting, lying, or placing an object in such a manner as to
block passage by another person or vehicle, or to require another person or vehicle to
take evasive action to avoid physical contact;
(3) By following a person who walks away from the solicitor while the solicitor is in the
act of soliciting;
(4) By using profane or abusive language, either during the solicitation or following a
refusal;
(5) By soliciting in a group of two (2) or more persons when such solicitors are standing
within ten (10) feet of each other;
(6) While under the influence of alcohol or any illegal narcotic or controlled substance;
or
(7) By stepping into or remaining in a roadway, unless the controlling traffic signal has
stopped all vehicular movement. The only time a solicitor is allowed to step into the
roadway is when traffic has come to a complete stop. The solicitor may step into the
roadway only to collect contributions from vehicles. Walking in between lanes of moving
traffic is strictly prohibited and such will be cause to terminate the solicitation by that
organization.
(Ord. No. 98 -215, 2, 8- 24 -98; Ord. No. 2004 -0 -331, 1, 12- 20 -04)
Sec. 21 -255. False or misleading solicitation.
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Any person who knowingly makes a false or misleading representation in the course of
soliciting a donation shall be prohibited from further solicitation and will be prosecuted to
the fullest extent of the law. Upon conviction, that person shall be deemed guilty of a
class C misdemeanor. Instances of false or misleading representations include, but are
not limited to, the following:
(1) Stating that the solicitor is soliciting on behalf of an organization which does not
exist or which has not authorized the solicitor to seek donation on its behalf.
(2) Wearing a military, medical or religious order uniform or other indication of military
service, medical profession or religious order when the solicitor is neither a present nor
former member of the service indicated, a member of such medical profession or a
member of such religious order.
(3) Wearing or displaying an indication of physical disability, when the solicitor does not
suffer the disability indicated or using makeup or a device to simulate any deformity.
(4) Reserved.
(Ord. No. 98 -215, 2, 8- 24 -98; Ord. No. 2004 -0 -331, 1, 12- 20 -04)
Sec. 21 -256. Streets and highways solicitation.
(a) Requirement for solicitors. All solicitors must comply with the following
requirements:
(1) Wear a high visibility traffic vest at all times during the solicitation;
(2) Solicit only at intersections controlled by a traffic control signal and within forty (40)
feet of the said intersection where all traffic is required to come to a full stop;
(3) Solicit only while located on a curbed traffic island, shoulder, improved shoulder or
sidewalk by the roadway (if the center areas between lines of traffic do not have curbed
traffic islands, then no solicitation is permitted there.) Traffic cones are recommended to
be placed on the curbed traffic island, shoulder, improved shoulder or sidewalk by the
roadway;
(4) Wait to solicit until the traffic has come to a full stop. Solicitors must move away
from the vehicles before the traffic control signal turns green and traffic starts to move
again;
(5) Beat least eighteen (18) years of age. it shall be unlawful to cause children, defined
as persons under the age of eighteen (18) years, to solicit or attempt to solicit funds from
the occupants of a vehicle on a roadway;
(6) Solicitors must not stand in a roadway, except solicitors may enter a roadway to
collect funds as a result of an immediate solicitation and only when traffic has stopped
and it is safe to enter such roadway; and
(7) Solicitors must never obstruct traffic.
(b) CPR and first aid certifications required for group solicitations. Group solicitations
involving more than four (4) adults in the group must provide a person certified in CPR
and first aid at each location of solicitation.
(Ord. No. 98 -215, 2, 8- 24 -98; Ord. No. 2004 -0 -331, 1, 12- 20 -04)
Sec. 21 -257. Scope of article.
This article which regulates the time, place and manner of solicitation is intended to
apply to aggressive solicitation by individuals, as well as noncommercial street
solicitation, as defined in chapter [section] 28 -139 of the Code of Ordinances.
(Ord. No. 2004 -0 -331, 1, 12- 20 -04)
Sec. 21 -258. Enforcement.
In addition to enforcement by the Laredo Police Department, the city's code enforcement
officers are also responsible for enforcing the provisions of this article. Both police
officers and code enforcement officers are authorized to halt and order the dispersal of
any ongoing solicitation by an individual or a group, as a consequence of violating any
provision of this ordinance.
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(Ord. No. 2004 -0 -331, 1, 12- 20 -04)
Sec. 21 -259. Penalties.
Each day any violation of this article shall continue shall constitute a separate offense.
Upon conviction, each offense is punishable by a fine not to exceed five hundred dollars
($500.00). Any person convicted of violating any provision of this ordinance shall be
guilty of a class "C" misdemeanor.
(Ord. No. 2004 -0 -331, 1, 12 -20 -040
Secs. 21- 260 -21 -270. Reserved
CITY OF LAS VEGAS, NEVADA
10.44.010 Definitions.
For purposes of this Chapter:
(A) "Solicitation," for purposes of this Chapter, means to ask, beg, solicit or plead,
whether orally, or in a written or printed manner, for the purpose of obtaining money,
charity, business or patronage, or gifts of items of value for oneself or another person or
organization.
(B) "Coercion" means to wilfully and knowingly:
(1) Approach or speak to a person in such a manner as would cause a reasonable
person to believe that the person is being threatened with:
(a) Imminent bodily injury, or
(b) The commission of a criminal act upon the person or another person, or upon
property in the person's immediate possession;
(2) Persist in a solicitation after the person solicited has given a negative response;
(3) Block, either individually or as part of a group of persons, the passage of a solicited
person; or
(4) Engage in conduct that would reasonably be construed as intended to compel or
force a solicited person to accede to demands.
(Ord. 3862 3 (part), 1995)
10.44.020 Solicitation, by coercion Misdemeanor.
Any individual who personally commits solicitation by coercion shall be guilty of a
misdemeanor.
(Ord. 3862 3 (part), 1995)
10.44.030 Solicitation at certain locations Misdemeanor.
Any individual who personally engages in solicitation at any of the following places shall
be guilty of a misdemeanor:
(A) At any bus, taxi, limousine, trolley or train stop;
(B) In any public transportation vehicle or facility;
(C) At any enclosed parking structure;
(D) Within twenty feet of an Automatic Teller Machine (ATM);
(E) Within ten feet of a point of entry to or exit from any building open to the public,
including commercial establishments;
(F) Within the area designated as a pedestrian mail in Ordinance 3747, in accordance
with NRS 268.810 et seq.
(Ord. 3862 3 (part), 1995)
10.44.040 On private property.
If property is owned or controlled by a private owner or operator, nothing in this Chapter
shall be construed as applying to the conduct or activity of a person on said property
with the permission of the owner or operator of the property.
(Ord. 3862 3 (part), 1995)
10.44.050 Effective date.
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Subsection (F) of Section 10.44.030 shall become effective only after adoption by the
City Council of a Resolution declaring the pedestrian mall in Ordinance 3747 as being
"substantially complete." Ail other parts of this ordinance shall become effective upon
publication and signature.
(Ord. 3862 3 (part), 1995)
[Note: LV Code 11.44.030(F) not relied upon in anyway 11 -68 "Pedestrian Mall"
not included or relied upon in anyway]
11.30.110 Solicitation from roadway.
No person shall stand in a roadway for the purpose of soliciting a ride, employment, or
business from the occupant of any vehicle.
(1949 code Ch. 36 96(c): prior code 10- 16 -9(A))
CITY OF LONGMONT, COLORADO
10.20.010 Aggressive begging.
No person shall beg aggressively for a gift of money or any thing of value on any public
street, sidewalk, way, mall, park, building or other public property while in close proximity
to the individual addressed. Aggressive begging means begging accompanied by or
followed immediately by one or more of the following:
A. Repeated requests after a refusal by the individual addressed;
B. Blocking the passage of the individual addressed;
C. Addressing fighting words to the individual addressed; or
D. Touching the individual addressed. (Ord. 0 -92 -51 1 (part))
11.38.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
"Median" means the area of a street, generally in the middle, which separates traffic
traveling in one direction from traffic traveling in another direction, or which, at
intersections, separates traffic turning left from traffic proceeding straight. Such an area
is physically defined by curbing, landscaping, or other physical obstacles, to the area's
use by motor vehicles, or by traffic control markings which prohibit use of a portion of the
pavement of a street by motor vehicles other than to drive generally perpendicularly
across the markings or to wait there awaiting the opportunity to cross or merge with the
opposing lanes of traffic (also known as painted medians, which are wider than a double
yellow line); or
The area of a street at an intersection between the streets and a right turn only lane,
roughly triangular in shape, and separated from the motor vehicular traffic lanes by
curbing, landscaping, or other physical obstacles to the area's use by motor vehicles
(also known as a right turn island).
"Street" or "highway" means the entire width between the boundary lines of every way
publicly maintained when any part thereon is open to the use of the public for purposes
of vehicular travel or the entire width of every way declared to be a public highway by
any law of this state, except the area intended for pedestrian travel, such as a sidewalk.
(Ord. 0- 2003 -82
11.38.020 Solicitation in or near street or highway.
A. The purpose of this section is to prevent dangers to persons and property, to prevent
delays, and to avoid interference with the traffic flow. Roadways that have center
medians often are designed to deal with specific traffic flow problems. Any delay or
distraction may interfere with traffic planning. Sometimes persons stand near
intersections and near traffic lights to contact drivers or passengers in cars that are
passing or that are stopped temporarily due to traffic lights.
B. It shall be unlawful for any person to solicit employment, business, contributions, or
sales of any kind, or collect monies for the same, from the occupant of any vehicle
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traveling upon any street or highway when the person performing the activity:
1. Enters onto the traveled portion of a street or highway; or
2. Is located upon any median; or
3. Is located such that vehicles cannot move into a legal parking area to safely conduct
the transaction.
C. For purposes of this section, the traveled portion of the street or highway shall mean
that portion of the road normally used by moving motor vehicle traffic. (Ord. 0- 2003 -82
1 (part))
CITY OF LOS ANGELES, CALIFORNIA
SEC. 41.59. PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE
SOLICITATION.
(Amended by Ord. No. 173,705, Eff. 1127101)
(a) Definitions. For purposes of this section:
(1) "Solicit, ask or beg" shall include using the spoken, written, or printed word, or
bodily gestures, signs or other means with the purpose of obtaining an immediate
donation of money or other thing of value or soliciting the sale of goods or services.
(2) "Public place" shall mean a place to which the public or a substantial group of
persons has access, and includes, but is not limited to, any street, highway, sidewalk,
parking lot, plaza, transportation facility, school, place of amusement, park, playground,
and any doorway, entrance, hallway, lobby and other portion of any business
establishment, an apartment house or hotel not constituting a room or apartment
designed for actual residence.
(b) Aggressive Solicitation prohibited.
(1) No person shall solicit, ask or beg in an aggressive manner in any public place.
(2) "Aggressive manner" shall mean any of the following:
(A) Approaching or speaking to a person, or following a person before, during or
after soliciting, asking or begging, if that conduct is intended or is likely to cause a
reasonable person to
(i) fear bodily harm to oneself or to another, damage to or loss of property, or
(ii) otherwise be intimidated into giving money or other thing of value;
(B) Intentionally touching or causing physical contact with another person or an
occupied vehicle without that person's consent in the course of soliciting, asking or
begging;
(C) Intentionally blocking or interfering with the safe or free passage of a
pedestrian or vehicle by any means, including unreasonably causing a pedestrian or
vehicle operator to take evasive action to avoid physical contact;
(D) Using violent or threatening gestures toward a person solicited either before,
during, or after soliciting, asking or begging
(E) Persisting in closely following or approaching a person, after the person
solicited has been solicited and informed the solicitor by words or conduct that such
person does not want to be solicited or does not want to give money or any other thing
of value to the solicitor; or
(F) Using profane, offensive or abusive language which is inherently likely to
provoke an immediate violent reaction, either before, during, or after solicitation.
(c) All solicitation prohibited at specified locations.
(1) Banks and ATMs. No person shall solicit, ask or beg within 15 feet of any
entrance or exit of any bank, savings and loan association, credit union, or check
cashing business during its business hours or within 15 feet of any automated teller
machine during the time it is available for customers use. Provided, however, that when
an automated teller machine is located within an automated teller machine facility, such
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distance shall be measured from the entrance or exit of the automated teller machine
facility. Provided further that no person shall solicit, ask or beg within an automated
teller machine facility where a reasonable person would or should know that he or she
does not have the permission to do so from the owner or other person lawfully in
possession of such facility. Nothing in this paragraph shall be construed to prohibit the
lawful vending of goods and services within such areas.
(A) Definitions. For purposes of this section:
(i) "Bank" means any member bank of the Federal Reserve System, and any bank,
banking association, trust company, savings bank, or other banking institution organized
or operated under the laws of the United States, and any bank the deposits of which are
insured by the Federal Deposit Insurance Corporation.
(ii) "Savings and loan association" means any federal savings and loan
association and any "insured institution" as defined in Section 401 of the National
Housing Act, as amended, and any federal credit union as defined in Section 2 of the
Federal Credit Union Act.
(iii) "Credit union" means any federal credit union and any state chartered credit
union the accounts of which are insured by the Administrator of the National Credit
Union Administration.
(iv) "Check cashing business" means any person duly licensed as a check seller,
bill payer, or prorater pursuant to Division 3 of the California Financial Code,
commencing with section 12000.
(v) "Automated teller machine" shall mean any electronic information processing
device which accepts or dispenses cash in connection with a credit, deposit, or
convenience account.
(vi) "Automated teller machine facility" shall mean the area comprised of one or
more automated teller machines, and any adjacent space which is made available to
banking customers after regular banking hours.
(B) Exemptions. The provisions of Subdivision (c)(1) shall not apply to any
unenclosed automated teller machine located within any building, structure or space
whose primary purpose or function is unrelated to banking activities, including but not
limited to supermarkets, airports and school buildings, provided that such automated
teller machine shall be available for use only during the regular hours of operation of the
building, structure or space in which such machine is located.
(2) Motor vehicles and parking lots.
(A) Motor vehicles. No person shall approach an operator or occupant of a motor
vehicle for the purpose of soliciting, asking or begging while such vehicle is located in
any public place.
(B) Parking lots. No person shall solicit, ask or beg in any public parking lot or
structure any time after dark. "After dark" means any time from one -half hour after
sunset to one -half hour before sunrise.
(C) Exemptions. Subdivision (c)(2) shall not apply to any of the following:
(i) to solicitations related to business which is being conducted on the subject
premises by the owner or lawful tenants;
(ii) to solicitations related to the lawful towing of a vehicle; or
(iii) to solicitations related to emergency repairs requested by the operator or other
occupant of a vehicle.
(3) Public transportation vehicles.
(A) "Public transportation vehicle" shall mean any vehicle, including a trailer bus,
designed, used or maintained for carrying 10 or more persons, including the driver; or a
passenger vehicle designed for carrying fewer than 10 persons, including the driver, and
used to carry passengers for hire.
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(B) Any person who solicits, asks or begs in any public transportation vehicle is
guilty of a violation of this section.
(d) Penalty. A violation of this section is punishable as a misdemeanor or
infraction, chargeable at the City Attorney's discretion.
(e) Severability. The provisions of this ordinance are declared to be separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section or
portion of this ordinance, or the invalidity of the application thereof to any person or
circumstance shall not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
(f) Non exclusivity. Nothing in this chapter shall limit or preclude the
enforcement of other applicable laws.
CITY OF MILWAUKEE, WISCONSIN
106 -1.1. Aggressive Panhandling.
1. DEFINITIONS. a. "Aggressive behavior" means engaging in any conduct with
the intention of intimidating another person into giving away money or goods, including
but not
limited to, intentionally approaching, speaking to or following a person in a manner that
would
cause a reasonable person to fear imminent physical injury or the imminent commission
of a
criminal act upon the person or upon the property in the person's immediate possession;
intentionally touching another person without consent; or intentionally blocking or
interfering
with the free passage of a person.b. "Panhandling" means begging, soliciting, or asking
for any item of value; attempting to sell or obtain compensation for an item or service for
an amount that is at least twice its value, or an item or service that is already offered or
available at no charge to the general public; or attempting to sell or obtain compensation
for an item or service under
circumstances that would lead a reasonable person to conclude that the payment is in
substance a donation.
2. PROHIBITED. It shall be unlawful for any person to engage in the act of panhandling
when either the panhandler or the person being solicited is located at any of the
following locations:
a -1. At a bus stop.
a -2. In any public transportation vehicle or public transportation facility.
a -3. In a vehicle which is parked or stopped on a public street or alley.
a -4. In a sidewalk cafe.
a -5. Within 20 feet in any direction from an automatic teller machine or entrance to a
bank.
b. It shall be unlawful for any person to engage in the act of aggressive panhandling at
any location within the city.
3. PENALTY. Any person violating this section shall upon conviction forfeit not more
than
$25, or in lieu of paying the forfeiture perform community service work, in accordance
with s.
800.09, Wis. Stats.
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CITY OF MONTLAKE TERRACE, WASHINGTON
ORDINANCE NO. 2385
AN ORDINANCE OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON,
AMENDING ORDINANCE NO. 1773, AND ADDING A NEW SECTION 9.40.030 TO
THE MOUNTLAKE TERRACE MUNICIPAL CODE,RELATING TO AGGRESSIVE
BEGGING
WHEREAS, current provisions of the Mountlake Terrace City Code do not
regulate activity that involves aggressive begging, such as intimidation, false or
misleading activities or activities that involve safety concerns for people; and
WHEREAS, because there is an increasing experience of activities at off ramps
or along public right- of-way that interfere with or potentially jeopardize the safety of
pedestrians or vehicular traffic, it is appropriate to provide for regulation of aggressive
begging to assure a better ability of the law enforcement officials to protect the safety
that otherwise be threatened.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Mountlake Terrace Ordinance No. 1773 and Mountlake Terrace
Municipal Code Chapter 9.40 is hereby amended by adding a new Section 9.40.030 to
read as follows:
9.40.030 8A ressive BeqgLnq.
A. It is unlawful for any person to engage in aggressive begging in any public place
in the city, as those terms are defined by this section.
B. As used in this section:
1. "Aggressive begging" shall mean: (a) begging with intent to intimidate another
person into giving money or goods; (b) begging with use of false, misleading information;
(c) begging with or involving activities that are unsafe or dangerous to any person or
property, or begging at locations or in a manner that threatens the safety of persons or
property, or that impedes or threatens to impede pedestrian or vehicular traffic; (d)
begging in a manner that exploits children; or (e) willfully providing or delivering, or
attempting to provide or deliver, unrequested or unsolicited services or products with a
demand or exertion of pressure for payment in return.
2. 'Begging" shall mean asking for money or goods as a charity, whether by words,
bodily gestures, signs or other means.
3. "To intimidate" shall mean to coerce or frighten into submission or obedience, or
to engage in conduct which would make a reasonable person fearful or feel compelled.
4. "Public place" shall mean: (a) any public road, alley, lane, parking area, sidewalk,
or other publicly owned building, facility or structure; (b) any public playground, school
ground, recreation ground, park, parkway, park drive, park path, or right -of -way open to
the use of the public; or (c) any privately owned property adapted to and fitted for
vehicular or pedestrian travel that is in common use by the public with the consent,
expressed or implied of owner or owners.
5. "Exploit" shall mean using in an unethical, selfish or abusive manner or in any
other manner that gives an unfair advantage.
C. Violation of, or failure to comply with, any provision of this section is a civil
offense subject to a fine, which may be set by resolution, for the first three violations
found to be committed within a twelve month period. Provided, however, a fourth or
subsequent violation of the same or like provision committed within a twelve month
period shall constitute a misdemeanor and shall be punishable by a fine up to $1,000 or
by a jail sentence of up to 90 days, or by both such fine and jail time.
D. Any person or entity cited for violation under MTMC 9.40.030 for a civil infraction
may request an administrative hearing by notifying the Violations Bureau in writing within
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15 days of the issuance of the citation. The requested hearing shall be brought before
the Hearing Examiner in accordance with and pursuant to Chapter 2.120 MTMC.
Section 2. Conflicts. All ordinances or parts of Ordinances of the City of Mountlake
Terrance in conflict herewith, be and the same, are hereby repealed.
Section 3. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any section, sentence, clause or phase of this Ordinance.
Section 4. Summary. This Ordinance or a summary thereof consisting of the title,
shall be published in the official newspaper of the City and shall take effect and be in full
force five days after the date of publication.
CITY OF NEW YORK, NEW YORK
10-136 Prohibition against certain forms of aggressive solicitation. a. Definitions. For
purposes of this section: (1) "Aggressive manner" shall mean: (a) Approaching or
speaking to a person, or following a person before, during or after soliciting, asking or
begging, if that conduct is intended or is likely to cause a reasonable person to (i) fear
bodily harm to oneself or to another, damage to or loss of property, or the commission of
any offense as defined in section ten of the penal law upon oneself or another, or (ii)
otherwise be intimidated into giving money or other thing of value, or (iii) suffer
unreasonable inconvenience, annoyance or alarm; (b) Intentionally touching or
causing physical contact with another person or an occupied vehicle without that
person's consent in the course of soliciting, asking or begging; (c) Intentionally
blocking or interfering with the safe or free passage of a pedestrian or vehicle by any
means, including unreasonably causing a pedestrian or vehicle operator to take evasive
action to avoid physical contact; or (d) Using violent or threatening gestures toward a
person solicited. (2) "Solicit, ask or beg shall include using the spoken, written, or
printed word, or bodily gestures, signs or other means with the purpose of obtaining an
immediate donation of money or other thing of value or soliciting the sale of goods or
services. (3) "Public place" shall mean a place to which the public or a substantial
group of persons has access, and includes, but is not limited to, any street, highway,
parking lot, plaza, transportation facility, school, place of amusement, park, playground,
and any hallway, lobby and other portion of an apartment house or hotel not constituting
a room or apartment designed for actual residence. (4) "Bank" shall mean any
banking corporation as defined in section 11 -164 of the code. (5) "Check cashing
business" shall mean any person duty licensed by the superintendent of banks to
engage in the business of cashing checks, drafts or money orders for consideration
pursuant to the provisions of article 9 -A of the banking law. (6) "Automated teller
machine" shall mean a device, linked to a financial institution's account records, which is
able to carry out transactions, including, but not limited to: account transfers, deposits,
cash withdrawals, balance inquiries, and mortgage and loan payments.
(7) "Automated teller machine facility" shall mean the area comprised of one or more
automated teller machines, and any adjacent space which is made available to banking
customers after regular banking hours. b. Prohibited acts. (1) No person shall solicit,
ask or beg in an aggressive manner in any public place. (2) No person shall solicit,
ask or beg within ten feet of any entrance or exit of any bank or check cashing business
during its business hours or within ten feet of any automated teller machine during the
time it is available for customers' use. Provided, however, that when an automated teller
machine is located within an automated teller machine facility, such distance shall be
measured from the entrance or exit of the automated teller machine facility. Provided
further that no person shall solicit, ask or beg within an automated teller machine facility
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where a reasonable person would or should know that he or she does not have the
permission to do so from the owner or other person lawfully in possession of such
facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of
goods and services within such areas. (3) No person shall approach an operator or
other occupant of a motor vehicle while such vehicle is located on any street, for the
purpose of either performing or offering to perform a service in connection with such
vehicle or otherwise soliciting the sale of goods or services, if such approaching,
performing, offering or soliciting is done in an aggressive manner as defined in
paragraph one of subdivision a of this section. Provided, however, that this paragraph
shall not apply to services rendered in connection with the lawful towing of such vehicle
or in connection with emergency repairs requested by the operator or other occupant of
such vehicle. c. Exemptions. The provisions of this section shall not apply to any
unenclosed automated teller machine located within any building, structure or space
whose primary purpose or function is unrelated to banking activities, including but not
limited to supermarkets, airports and school buildings, provided that such automated
teller machine shall be available for use only during the regular hours of operation of the
building, structure or space in which such machine is located. d. Penalties. Any
violation of the provisions of this section shall constitute a misdemeanor punishable by
imprisonment for not more than sixteen days or by a fine not to exceed one hundred
dollars, or by both.
CITY OF ORLANDO, FLORIDA
Sec. 43.87. Solicitation and Off- Premises Canvassing on Public Property in the
Downtown Core District of Orlando, Florida.
(1) Definitions. The following words, terms and phrases, when used in this Section,
shall have the following meanings ascribed to them, except where the context clearly
indicates a different meaning:
(a) "Solicitation" means person -to- person communication which, directly or indirectly:
(1) seeks a present donation of money or other thing of material value, or
(2) is panhandling as defined in Section 43.86(1) or charitable solicitation as defined in
Section 51.01 of the City Code.
(b) "Off- premises canvassing" means person -to- person distribution on public property
of written, printed, drawn, or illustrated matter, in whatever format, advertising or
promoting a business or business activity, including, without limitation, handbill, circular,
dodger, pamphlet, paper, booklet, sample or device. It does not include newspapers or
other printed matter contained in receptacles.
(c) 'Business" means any commercial establishment, service or activity operated for
financial gain.
(d) "Public property" means any street, alley, highway, parking lot, sidewalk, garage,
park, plaza, building, ground, or other property owned or controlled by the City of
Orlando, or any portion thereof.
(e) "Downtown Core District" means an area in the City of Orlando, Florida comprised
of two sectors, further defined as:
[LAST OF SECTORS /STREETS DELETED]
(f) "Exempt Zones" means those portions of public property within, or on the boundary
of, the Downtown Core District specifically excluded by City Council from the prohibitions
of Section 43.87(2). Solicitation and off premises canvassing, as defined above, and
otherwise meeting the requirements of the City Code, may take place in exempt zones.
The size, number and location of exempt zones shall be determined by City Council,
established by Resolution and clearly marked on the public property. Maps showing
theiocation of the Downtown Core District and exempt zones shall be made available at
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the Orlando Police Headquarters. Exempt zones that are part of public property leased,
permitted or otherwise contracted to third parties by the City shall lose their exempt
status during the term of the contract.
(2) Prohibitions.
(a) Off Premises Canvassing: It is unlawful for any person to conduct off premises
canvassing on public property in the Downtown Core District, unless:
1) Operating within and pursuant to a current franchise, concession contract, permit or
agreement with the City of Orlando for the use of the public property in question; or
2) Operating a transportation service otherwise permitted by this Code or State law; or
3) Incidental to route, delivery, service, supply or repair persons responding to service
calls and operating from clearly identifiable vehicles; or
4) The off premise canvassing occurs in a designated exempt zone, as defined herein.
(b) Solicitation: It is unlawful to conduct solicitation, as defined herein, or for charitable
purposes as defined in Section 51.01 of the City Code or panhandling purposes as
defined in Section 43.86(1) of the City Code on public property in the Downtown Core
District, unless:
(1) The solicitation or panhandling is conducted in a designated exempt zone, as
defined herein, or
(2) The solicitation falls within a recognized, constitutionally guaranteed exercise of
religion, press, or noncommercial speech, where money is not solicited for a present
donation or exchange.
Presence and conduct in an exempt zone is subject to all other regulations provided for
in the Code of the City of Orlando, such as, without limitation, noise, camping, blocking
passage, licensing and permitting.
(3) Penalties. Any person who violates any of the provisions of Section 43.87 shall be
subject to the penalties provided for in Section 1.08 of the City Code.
(Ord. of 8 -21- 2000, 1, Doc. #33175)
Sec. 43.88. Sitting /Lying on Sidewalks in the Downtown Core District Prohibited.
(1) Definitions.
Sidewalk An improved walkway intended primarily for pedestrians, usually running
parallel to one or both sides of the pavement of a street and public transit waiting areas
located within the public right -of -way.
(2) Prohibition. It is unlawful for any person, after having been notified by a law
enforcement officer of the prohibition in this section, to sit or lie down upon a public
sidewalk or upon a blanket, chair, stool, or any other object placed upon a public
sidewalk, in the Downtown Core District, as defined in Section 43.87 of the City Code.
(3) Affirmative Defenses. It is an affirmative defense to the prohibition in this section if
it is shown that:
(a) Sitting or lying down on a public sidewalk is due to a medical emergency; or
(b) As a result of age, infirmity or disability a person utilizes a wheelchair, walker,
stroller, or similar device to move about a public sidewalk; or
(c) The person is operating or patronizing a commercial establishment conducted on
the public sidewalk pursuant to a street use or similar permit: or a person participating in
or attending a parade, festival, performance, rally, demonstration, meeting or similar
event conducted on a public sidewalk pursuant to a street use or other applicable permit;
or
(d) The person is sitting on a chair or bench located on the public sidewalk which is
supplied by a public or private agency or by the abutting private property owner; or
(e) The sitting or lying is while waiting in an orderly line for entry to any building,
including shelters, or awaiting social services such as provision of meals; or outside a
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box office to purchase tickets to any sporting event, concert, performance, or other
special event; or
(f) The sitting or lying is an integral part of a planned, publicized protest by ten (10) or
more people accompanied by incidents of speech such as signs and literature explaining
the protest, for which proper city permits have been obtained.
(Ord. of 8 -5 -2002, 1, Doc. #020805701)
CITY OF PHILADELPHIA, PENNSYLVANIA
§10 -611. Sidewalk Behavior.
(1) Scope. The provisions of this Section shall apply as follows:
(a) The following provisions shall apply city-wide: Subsections ...(2)(i), relating to the
sale of goods or services, or solicitation of funds, on the highway; [(2)(i) Sell or offer for
sale any goods, wares or services, or solicit funds for any purpose, in or on the public
highway, except for licensed vendors.]
(b) The following provisions shall apply only in the zones designated by Council:..
(2)(g), relating to lying on the sidewalk; (2)(h), relating to sitting on the sidewalk..
(4)(a), (b) and (c), relating to aggressive solicitation;
(4) Aggressive Conduct on the Sidewalk Prohibited. No person shall: (a) Solicit money
for any purpose on the public sidewalk in an aggressive manner, or accompanied by
conduct, including but not limited to repeated begging, insistent panhandling, retaliatory
comments, blockage of free passage of a pedestrian, touching or yelling at a pedestrian,
confrontation or intimidation, which is likely to cause a reasonable person to fear bodily
harm to oneself or another, or damage to or loss of property. (b) Solicit money for any
purpose on the public sidewalk in any manner, within an eight foot (8 radius of any
building entrance, or within an eight foot (8 radius of any vending cart.
(c) Solicit money for any purpose on the public sidewalk in any manner, within a twenty
foot (20 radius of any bank entrance or any automatic teller machine.
7) Enforcement.
(a) No law enforcement officer shall issue a notice of violation or take any coercive
action against any person in violation of this Section, unless, prior to issuing such notice
or taking such action, the officer or his or her designated representative:
(.1) With respect to violations of subsections (2)(g), (h), (1) or (m), relating to lying, sitting,
obstructing, or leaving objects unattended, or (4)(b) or (c), relating to soliciting near a
building entrance or bank, first issues an oral warning to the person or persons in
violation, and then, if the person or persons refuse to comply after receiving an oral
warning, issues a written warning to the person or persons in violation. The written
warning shall be printed in English and Spanish.
(.2) With respect to violations of subsections (2)(g), (h), (1) or (m), or (4), attempts to
ascertain whether the person is in need of medical assistance or social service
assistance
CITY OF RALEIGH, NORTH CAROLINA
Sec. 12 -1026. SOLICITING BUSINESS OR EMPLOYMENT.
(a) Business. It shall be unlawful for any person to solicit or attempt to solicit
business of any kind on the streets or sidewalks of the City
(b) Employment near Nash Square. Loitering for the purpose of seeking employment
or the seeking thereof or the solicitation by any prospective employer of any person for
hire within or upon any of the streets or sidewalks contiguous to Nash Square is
declared to be a public nuisance and such practices are prohibited.
(c) Employment, generally. Loitering for the purpose of seeking employment or the
seeking thereof or the solicitation by any prospective employer of any person for hire
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within or upon any of the streets or sidewalks of the City is declared to be a public
nuisance and such practices are prohibited.
(d) Approaching motor vehicles. No person shall stand, sit, or loiter in the right -of-
way of any streets in the City with the intent to approach any motor vehicle for the
purpose of soliciting employment, business or contribution from the driver or occupant of
the motor vehicle; provided, that the provisions of this section shall not apply to
licensees, employees or contractors of the Department of Transportation or City
employees engaged in construction or maintenance or in making traffic or engineering
surveys.
CITY OF RENO, NEVADA
Sec. 8.12.025. Aggressive or fraudulent solicitation prohibited.
(a) The following definitions apply in this section:
(1) "Aggressive manner" means:
a. Approaching, speaking to, or following a person in a manner as would cause a
reasonable person to fear bodily harm or the commission of a criminal act upon the
person, or upon property in the person's immediate possession;
b. Touching another person without that person's consent in the course of soliciting;
c. By following behind, ahead or alongside, blocking the path of, or continuing to solicit
a person who walks or drives away from the person soliciting or who gives notice or
demonstrates verbally or physically that such solicitation is offensive, unwelcome or that
the solicitation should cease;
d. Intentionally blocking or interfering with the safe or free passage of a person or
vehicle by any means, including unreasonably causing a person or a driver to take
evasive action to avoid physical contact; or
e. By using profane or abusive language or gestures either during the solicitation or
following a refusal, or making any statement, gesture or other communication that would
cause a reasonable person to be fearful or would be reasonably perceived as a threat.
(2) `Invite" means to request someone's presence or participation.
(3) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie or place an
object in such a manner as to block passage by another person or a vehicle, or to
require another person or a driver of a vehicle to take evasive action to avoid physical
contact. Acts authorized as an exercise of one's constitutional right to picket or to legally
protest, participation in a legal event such as watching a parade or a special event and
acts authorized by a permit or license issued pursuant to the Reno Municipal Code, shall
not constitute obstruction of pedestrian or vehicular traffic.
(4) "Public place" means an area open to the general public, whether publicly or
privately owned, and includes alleys, bridges, buildings, driveways, parking lots, parking
garages, parks, plazas, sidewalks, streets, any public transportation vehicle and the
doorways and entrances to buildings or dwellings and the grounds enclosing them.
(5) "Solicit" means and includes any request, offer, enticement or action which
announces the availability for employment, the sale of goods or services, or a request for
money or other property.
(6) "Night" is defined as the period from one hour after sunset to sunrise.
(b) A person is guilty of aggressive solicitation if, in a public place, he or she
intentionally:
(1) Obstructs pedestrian or vehicular traffic for the purpose of soliciting from
pedestrian(s) or occupant(s) of vehicles;
(2) Solicits in an aggressive manner;
(3) Solicits within 20 feet of any automatic teller machine (ATM);
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(4) Approaches the occupant of any vehicle for the purpose of soliciting without being
invited;
(5) Solicits in any public parking lot during the night;
(6) Solicits in any public transportation vehicle or within ten feet of any designated or
posted transportation vehicle stop; or
(7) Solicits in any indoor or outdoor dining area without being invited.
(c) It is unlawful for any person to knowingly make a false or misleading representation
in the course of soliciting a donation. False or misleading representations include, but
are not limited to the following:
(1) Stating that the donation is needed to meet a specific need, when the person
soliciting already has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need that does not exist;
(3) Stating that the person soliciting is from out of town and stranded, or that he or she
is homeless when that is not true;
(4) Stating or representing that the person soliciting is a member of a military service
when the person soliciting is neither a present nor a former member of a military service;
or
(5) Stating or representing that the person soliciting suffers from a mental or physical
disability or deformity when the person soliciting does not suffer the disability or
deformity indicated.
(d) Penalties. Any person convicted under this section shall be punished for a
misdemeanor.
(Ord. No. 4372, 1, 3 -8 -94; Ord. No. 4838, 2,1-27-98; Ord. No. 5377, 1, 10- 22 -02;
Ord. No. 5741, 1, 9- 14 -05)
Sec. 8.12.026. Soliciting without invitation.
The practice of going in and upon private premises, grounds, residences, business
establishments or offices in the city by solicitors, peddlers, hawkers, itinerant merchants
or transient vendors of goods, wares or merchandise, without first having been
requested or invited so to do by the owner or occupant of the private residence, grounds,
premises, business establishment or office for the purpose of soliciting orders for any
purpose whatsoever, or for the purpose of selling, disposing, peddling or hawking goods,
wares or merchandise, is unlawful.
(Ord. No. 4647, 1, 7 -9 -96)
CITY OF ROCHESTER, NEW YORK
Aggressive Panhandling (Added 5 -18 -2004 by Ord. No. 2004- 142]Code 44-4
A. Legislative intent. This legislation is adopted in order to protect persons from
threatening, intimidating or harassing behavior, to keep public places safe and attractive
for use by all members of the community and to maintain and preserve public places
where all of the community can interact in a peaceful manner. This legislation is also
intended to provide for the free flow of pedestrian and vehicular traffic on streets and
sidewalks in the City, to promote tourism and business and preserve the quality of urban
life. The Council finds that aggressive acts associated with solicitation tend to interfere
with the free flow of pedestrian and vehicular traffic and intimidate persons in public
places, and can lead to disruption and disorder in public places. Aggressive acts can
also cause persons to avoid public places and lead to declining patronage of commercial
establishments and tourism. The Council further finds that solicitation in certain public
places is inconsistent with the use of those places, is inherently intimidating, targets
persons who are captive audiences or constitutes an invasion of privacy as persons are
not able to simply move on if they do not wish to speak to the person soliciting.
Solicitation in proximity to bank entrances or check cashing businesses or automated
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teller machines is inherently intimidating and should be restricted. By this legislation, the
Council intends to promote the health, safety and welfare of the citizens and visitors to
the City.
B. Definitions. Whenever the following words and phrases are used in this section,
they shall have the following meanings:
AGGRESSIVE MANNER:
1) Intentionally or recklessly making any physical contact with or touching another
person in the course of the solicitation, or approaching within an arm's length of the
person, except with the person's consent;
2) Following the person being solicited, if that conduct is: (a) Intended to or is likely
to cause a reasonable person to fear imminent bodily harm or the commission of a
criminal act upon property in the person's possession; or b) Is intended to or is
reasonably likely to intimidate the person being solicited into responding affirmatively to
the solicitation;
(3) Continuing to solicit within five feet of the person being solicited after the person
has made a negative response, if continuing the solicitation is: a) Intended to or is likely
to cause a reasonable person to fear imminent bodily harm or the commission of a
criminal act upon property in the person's possession; or b) Is intended to or is
reasonably likely to intimidate the person being solicited into responding affirmatively to
the solicitation;
(4) Intentionally or recklessly blocking the safe or free passage of the person being
solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid
physical contact with the person making the solicitation;
(5) Intentionally or recklessly using words: (a) Intended to or is likely to cause a
reasonable person to fear imminent bodily harm or the commission of a criminal act
upon property in the person's possession; or b) Is intended to or is reasonably likely to
intimidate the person being solicited into responding affirmatively to the solicitation;
(6) Approaching the person being solicited in a manner that is: (a) Intended to or is likely
to cause a reasonable person to fear imminent bodily harm or the commission of a
criminal act upon property in the person's possession; or b) Is intended to or is
reasonably likely to intimidate the person being solicited into responding affirmatively to
the solicitation;
AUTOMATED TELLER MACHINE A device, linked to a financial institution's account
records, which is able to carry out transactions, including but not limited to account
transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan
payments.
AUTOMATED TELLER MACHINE FACILITY The area comprised of one or more
automated teller machines, and any adjacent space which is made available to banking
customers after regular banking hours.
BANKING ORGANIZATION All banks, trust companies, private bankers, savings
banks, industrial banks, safe deposit companies, savings and loan associations, credit
unions and investment companies as defined in 2 of the New York State Banking Law,
LICENSED CASHER OF CHECKS Any individual, partnership, unincorporated
association or corporation duly licensed by the New York State Superintendent of Banks
to engage in business pursuant to the provisions of Article IX -A of the New York State
Banking Law.
PARKING GARAGE As defined in 111 -117 of the Municipal Code, and including
the Metro Center Garage.
PARKING STATION --A municipal parking lot as defined in 111 -103 of the Municipal
Code.
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PUBLIC PLACE Any area or building owned, leased, operated or controlled by or on
behalf of any government, municipality, public authority or public corporation in the City
which is generally accessible by the public, including but not limited to any street,
including the sidewalk portion thereof, skyway, bridge, tunnel, park, playground,
recreation area, cemetery, school or school grounds, building, facility, driveway, parking
lot or parking garage, and the doorways and entrances to buildings and dwellings.
SOLICIT Shall include, without limitation, the spoken, written, or printed word or such
other acts or bodily gestures as are conducted in furtherance of the purposes of
immediately obtaining money or any other thing of value.
C. No person shall solicit in an aggressive manner in a public place.
D. No person shall solicit within 20 feet of an automated teller machine or an entrance or
exit of an automated teller machine facility during the time the automated teller machine
is available for customers' use; or within 20 feet of an entrance or exit to a banking
organization or a licensed casher of checks during its business hours.
E. No person shall solicit when either the person soliciting or the person being solicited
is in a bus shelter or at a bus stop.
F. No person shall solicit in a parking garage or parking station.
G. No person shall solicit in any portion of a public skyway or tunnel.
H. No person on a sidewalk or alongside a roadway shall solicit from any occupant of a
motor vehicle that is on a street or other public place.
1. Penalties. A violation of this section shall be a "violation" as that term in defined in the
Penal Law. A person convicted of violating this section shall be fined not less than $25
nor more than $250, and, in addition, for a second conviction within 12 months of a
preceding conviction, may be imprisoned for a term not longer than 15 days. In lieu of a
fine, the court may impose an appropriate alternative sentence; provided, however, that
an alternative sentence shall not be an unconditional discharge.
J. Severability. if any provision of this section is declared invalid or unconstitutional for
any reason, the remaining provisions shall be severable and shall continue in full force
and effect.
CITY OF SACRAMENTO, CALIFORNIA
5.116.190 Puroose.
It is the intent of this article to impose reasonable place limitations on solicitation,
as defined herein, in order to protect the safety of the general public while respecting the
constitutional right of free speech. (Ord. 98 -014 2 (part): prior code 10.06.800)
5.116.200 Definitions.
As used in this article, the following terms have the meanings respectively
ascribed to them:
"Business" means any type of product, goods, service, performance or activity
which is provided or performed, or offered to be provided or performed, in exchange for
money, labor, goods or any other form of consideration.
"Employment" means services, industry or labor performed by a person for
wages or other compensation or under any contract of hire, written, oral, express or
implied.
"Freeway" means any divided arterial highway for through traffic with full control
of access, uninterrupted by private roads and intersecting streets.
"Highway" means any way or place of whatever nature, publicly maintained and
open to the use of the public for purposes of vehicular travel. "Highway" includes streets.
"Median" means that concrete portion of a divided highway separating the
traveled ways for traffic in opposite directions.
"Off- ramp" means any public roadway providing vehicular access from a freeway.
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"On- ramp" means any public roadway providing vehicular access to a freeway.
"Solicit" means to make a request, offer, enticement, or action which announces
the availability for or of employment, or a request for money or other property, or to
make a request, offer, enticement or action which seeks to purchase or secure goods or
employment, or to receive a contribution of money or other property. A solicitation shall
be deemed complete when made whether or not an actual employment relationship is
created, a transaction is completed, or an exchange of money or other property takes
place. (Ord. 98 -014 2 (part): prior code 10.06.801)
5.116.210 Prohibited solicitation.
It is unlawful for any person on any median, on -ramp, off -ramp or area
immediately adjacent thereto, to solicit or attempt to solicit employment, business or
contributions of money or other property from any person traveling in a vehicle along a
public right -of -way, including but not limited to public streets, highways or driveways.
(Ord. 98 -014 2 (part): prior code 10.06.802)
5.116.220 Violation Penaltv.
Any person violating Section 5.116.210 of this chapter is guilty of an infraction.
(Ord. 98 -014 2 (part): prior code 10.06.803)
5.116.230 Nonexclusivitv.
Nothing in this article shall limit or preclude the enforcement of other applicable
laws.
CITY OF ST. PETERSBURG, FLORIDA
Sec. 20 -79. Panhandling.
(a) Definitions.
(1) Panhandling means any solicitation made in person requesting an immediate
donation of money or other thing of value for oneself or another person or entity.
Purchase of an item for an amount far exceeding its value, under circumstances where a
reasonable person would understand that the purchase is, in substance, a donation, is a
donation for the purpose of this section. Panhandling shall not include the act of
passively standing or sitting, performing music,or singing with a sign or other indication
that a donation is being sought but without any vocal request other than a response to
an inquiry by another person.
(2) Prohibited zone means any of the following designated areas or rights -of -way
(including sidewalks), which generally are shown on Diagram 1:
[STREET LISTINGS DELETED]
[LINK TO GRAPH DELETED]
(3) Aggressive panhandling means:
a. To approach or speak to a person in such a manner as would cause a reasonable
person to believe that the person is being threatened with:
1. Imminent bodily injury; or
2. The commission of a criminal act upon the person or another person, or upon
property in the person's immediate possession;
b. To persist in panhandling after the person solicited has given a negative response;
c. To block, either individually or as part of a group of persons, the passage of a
solicited person;
d. To touch a solicited person; or
e. To engage in conduct that would reasonably be construed as intended to intimidate,
compel or force a solicited person to accede to demands.
(b) It shall be unlawful for any person to engage in an act of panhandling when either
the panhandler or the person being solicited is located in, on, or at any of the following
locations:
44
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(1) Prohibited zone;
(2) Bus stop;
(3) The bus transfer facility located at 3180 Central Avenue;
(4) Public transportation vehicle;
(5) Sidewalk cafe;
(6) Area within 15 feet (in any direction) of an automatic teller machine or entrance to a
bank; or
(7) Private property, unless the panhandler has permission from the owner of such
property.
(c) It shall be unlawful to engage in an act of panhandling on any day after sunset or
before sunrise.
(d) It shall be unlawful for any person to engage in an act of aggressive panhandling.
(Code 1973, 20- 32(a), (b); Ord. No. 199 -G, 2, 6 -8 -95; Ord. No. 532 -G, 1, 4- 18 -02)
CITY OF SAN FRANCISCO, CALIFORNIA
(Appendix 69 to City Code. Proposition M, Adopted, November 4, 20031
120 -2. AGGRESSIVE SOLICITATION BAN/ SUBSTANCE ABUSE AND MENTAL
HEALTH DIVERSION PROGRAM.
(a) Findings. The people of San Francisco find that the problems of aggressive and
improper solicitation are among the most difficult and vexing faced by the City and that
prior approaches mostly have failed.
The people of San Francisco find that aggressive solicitation for money in public and
private places threatens residents' and visitors' safety, privacy and quality of life. San
Franciscans seek policies that preserve citizens' right to enjoy public spaces free from
fear and harassment while protecting the free speech rights of individuals and groups,
permitting appropriate and safe commercial activities of street artisans, performers and
merchants and providing for the basic needs of indigent and vulnerable populations.
Where appropriate, San Franciscans also seek to establish policies and programs that
limit the ability of indigent and homeless substance abusers to use cash contributions for
the purchase of alcohol and illegal drugs.
The people of San Francisco find that the City's existing laws regulating panhandling and
solicitation are outdated and unenforceable as a result of numerous court decisions and
criminalize violators instead of diverting them to screening and assessment for eligibility
in drug and alcohol dependency and mental health treatment programs.
The people of San Francisco find that people who aggressively or improperly solicit
because of drug or alcohol dependency or mental illness should be diverted from the
criminal court system to a program of screening, assessment and referral operated by
the San Francisco Department of Public Health.
(b) Goals. This section: (1) replaces prior bans on panhandling, restrictions on
aggressive solicitation, and solicitation near automatic teller machines (ATMs) rendered
unenforceable by court rulings with a new aggressive solicitation prohibition; (2)
establishes new specific prohibitions on solicitation near ATM machines, near residential
property, in parking lots, on median strips and near freeway offramps and on the
Municipal Railway and the BART system; (3) establishes a requirement that, as
appropriate, violators of this ordinance be diverted from the criminal justice system to a
screening and assessment program to identify candidates for alcohol and drug
dependency treatment and mental health services administered by the Department of
Public Health in order to clear their citations.
(c) Definitions
For purposes of this section:
1. "Aggressive manner" shall mean:
45
141
A. Approaching or speaking to a person, or following a person before, during or after
soliciting if that conduct is intended or is likely to cause a reasonable person to fear
bodily harm to oneself or to another, or damage to or loss of property or otherwise be
intimidated into giving money or other thing of value;
B. Continuing to solicit from a person after the person has given a negative response
to such soliciting;
C. Intentionally touching or causing physical contact with another person without that
person's consent in the course of soliciting;
D. Intentionally blocking or interfering with the safe or free passage of a pedestrian or
vehicle by any means, including unreasonably causing a pedestrian or vehicle operator
to take evasive action to avoid physical contact;
E. Using violent or threatening gestures toward a person solicited; or,
F. Following the person being solicited, with the intent of asking that person for money
or other things of value.
2. "Soliciting" shall mean asking for money or objects of value, with the intention that
the money or object be transferred at that time, and at that place. Soliciting shall include
using the spoken, written, or printed word, bodily gestures, signs, or other means with
the purpose of obtaining an immediate donation of money or other thing of value or
soliciting the sale of goods or services.
3. "Public place" shall mean a place where a governmental entity has title, to which the
public or a substantial group of persons has access, including but not limited to any
street, highway, parking lot, plaza, transportation facility, school, place of amusement,
park, or playground.
4. "Check cashing business" shall mean any person duly licensed by the Attorney
General to engage in the business of cashing checks, drafts or money orders for
consideration pursuant to Section 1789.31 of the California Civil Code.
5. "Automated teller machine" shall mean a device, linked to a financial institution's
account records, which is able to carry out transactions, including, but not limited to:
account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan
payments.
6. "Automated teller machine facility" shall mean the area comprised of one or more
automatic teller machines, and any adjacent space that is made available to banking
customers after regular banking hours.
(d) Prohibited acts
1. No person shall solicit in an aggressive manner in any public place.
2. No person shall solicit within twenty feet of any entrance or exit of any check
cashing business or within twenty feet of any automated teller machine without the
consent of the owner of the property or another person legally in possession of such
facilities. Provided, however, that when an automated teller machine is located within an
automated teller machine facility, such distance shall be measured from the entrance or
exit of the facility.
3. No person shall solicit an operator or other occupant of a motor vehicle while such
vehicle is located on any street or highway on -ramp or off -ramp, for the purpose of
performing or offering to perform a service in connection with such vehicle or otherwise
soliciting donations or the sale of goods or services. Provided, however, that this
paragraph shall not apply to services rendered in connection with emergency repairs
requested by the operator or passenger of such vehicle.
4. No person shall solicit in any public transportation vehicle, or in any public or private
parking lot or structure.
5. Before any law enforcement officer may cite or arrest a person under this ordinance,
the officer must warn the person that his or her conduct is in violation of this ordinance
46
MIA
and must give the person an opportunity to comply with the provisions of this ordinance.
(e) Penalties
Any person violating any provision of this section shall be guilty of a misdemeanor or an
infraction. The complaint charging such violation shall specify whether the violation is a
misdemeanor or infraction, which decision shall be that of the District Attorney. If
charged as an infraction, upon conviction, the violator shall be punished by a fine not to
exceed $50, or by attending a screening, assessment and diversion program designed
and administered by the Department of Public Health and approved by the San
Francisco Public Health Commission to identify candidates for drug and alcohol
dependency counseling and treatment and mental health services. If charged as a
misdemeanor, upon conviction, the violator shall be punished by a fine of not less than
$50 or more than $100, and /or by attending a screening, assessment and diversion
program designed and administered by the Department of Public Health and approved
by the San Francisco Public Health Commission to identify candidates for drug and
alcohol dependency counseling and treatment and mental health services. Any person
guilty of violating this ordinance three or more times in a twelve month period shall be
guilty of a misdemeanor and shall be fined not less than $300 or more than $500, and/or
referred to a screening, assessment and diversion program designed and administered
by the Department of Public Health and approved by the San Francisco Public Health
Commission to identify candidates for drug and alcohol dependency counseling and
treatment and mental health services, and /or referred to a community service
assignment, or imprisoned in the county jail for a period no longer than three months.
(f) Diversion Program
The Director of Public Health shall establish, administer and /or certify the assessment
and screening programs set forth in subsection (e) of this section and shall establish
guidelines for determining whether and under what circumstances violators may be
eligible to participate in diversion programs. In addition, the Department of Public Health
shall establish, administer and /or certify diversion programs appropriate for treatment of
violators, and shall establish guidelines for determining whether the conditions of
diversion have been satisfied. All rules and guidelines governing the diversion program
shall be established by the Director of Public Health subject to the approval of the San
Francisco Health Commission not later than six months after the Board of Supervisors
has declared the results of the election at which this measure is passed. Individuals who
are referred for treatment but fail to participate in such treatment shall be subject to the
other penalties set forth in subsection (e) of this section.
(g) Effective Date
This law shall become effective six months after the Board of Supervisors has declared
the results of the election at which this measure is passed.
(h) Severability
If any section, sentence, clause, or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
CITY OF SEATTLE, WASHINGTON
SMC 12A.12.016 Pedestrian interference.
A. The following definitions apply in this section:
1. "Aggressively beg" means to beg with the intent to intimidate another person into
giving money or goods.
2. "intimidate" means to engage in conduct which would make a reasonable person
fearful or feel compelled.
47
143
3. "Beg" means to ask for money or goods as a charity, whether by words, bodily
gestures, signs, or other means.
4. "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an
object in such a manner as to block passage by another person or a vehicle, or to
require another person or a driver of a vehicle to take evasive action to avoid physical
contact. Acts authorized as an exercise of one's constitutional right to picket or to legally
protest, and acts authorized by a permit issued pursuant to the Street Use Ordinance,
Chapters 15.02 through 15.50 of the Seattle Municipal Code, shall not constitute
obstruction of pedestrian or vehicular traffic.
5. "Public place" means an area generally visible to public view and includes alleys,
bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to
the general public, including those that serve food or drink or provide entertainment, and
the doorways and entrances to buildings or dwellings and the grounds enclosing them.
B. A person is guilty of pedestrian interference if, in a public place, he or she
intentionally:
1. Obstructs pedestrian or vehicular traffic; or
2. Aggressively begs.
C. Pedestrian interference is a misdemeanor.
SMC 15.48.040 Sitting or lying down on public sidewalks in downtown and
neighborhood commercial zones.
A. Prohibition. No person shall sit or lie down upon a public sidewalk, or upon a blanket,
chair, stool, or any other object placed upon a public sidewalk, during the hours between
seven a.m. (7:00 a.m.) and nine p.m. (9:00 p.m.) in the following zones:
1. The Downtown Zone, defined as the area bounded by the Puget Sound waterfront on
the west, South Jackson Street on the south, Interstate 5 on the East, and Denny Way
and Broad Street on the North;
2. Neighborhood Commercial Zones, defined as areas zoned as Pioneer Square Mixed
(PSM), International District Mixed (IDM), Commercial 1 (C1), Commercial 2 (C2),
Neighborhood Commercial 1 (NCI), Neighborhood Commercial 2 (NC2), and
Neighborhood Commercial 3 (NC3).
B. Exceptions. The prohibition in subsection A shall not apply to any person:
1. Sifting or lying down on a public sidewalk due to a medical emergency;
2. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to
move about the public sidewalk;
3. Operating or patronizing a commercial establishment conducted on the public
sidewalk pursuant to a street use permit; or a person participating in or attending a
parade, festival, performance, rally, demonstration, meeting, or similar event conducted
on the public sidewalk pursuant to a street use or other applicable permit;
4. Sitting on a chair or bench located on the public sidewalk which is supplied by a public
agency or by the abutting private property owner;
5. Sifting on a public sidewalk within a bus stop zone while waiting for public or private
transportation.
Nothing in any of these exceptions shall be construed to permit any conduct which is
prohibited by SMC Section 12A.12.015, Pedestrian interference.
C. No person shall be cited under this section unless the person engages in conduct
prohibited by this section after having been notified by a law enforcement officer that the
conduct violates this section.
48
ME
CITY OF SPOKANE, WASHINGTON
Spokane Code 10.10.025:
Pedestrian Interference.
A. Consistent with the findings of other Washington State cities, the city council
finds that it is important to the general welfare of the citizens and residents of the city to
protect and preserve the public safety of pedestrians and to insure the safe and efficient
movement of pedestrian and vehicular traffic in public places. The city council further
finds that public places as defined in this section serve the primary purpose of enabling
pedestrian and vehicular traffic to safely and efficiently move about from place to place
and that public places in the urban core have become increasingly congested and
should be maintained to serve their primary purpose. Spokane, as well as other cities in
Washington, has experienced an increase in the number of incidents of aggressive
solicitation by individuals towards pedestrians and that pedestrian interference in public
places deteriorates from the primary purpose and threatens public health, safety and
welfare. The city has a compelling interest in protecting its citizens from threatening,
intimidating or harassing behavior caused by aggressive solicitations, in preserving the
quality of life in its urban center and in protecting and preserving the public health, safety
and welfare.
B. The following definitions apply in this section:
1. "Aggressively solicit" means to solicit with the intent to intimidate another
person into giving money or goods regardless of the solicitors purpose or intended use
of the money or goods.
2. "Intimidate" means to engage in conduct which would make a reasonable
person fearful of imminent harm to his or her person or property or feel threatened.
3. "Solicit" means to ask for money or goods whether by words, bodily
gestures, signs or other means.
4. "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie or
place an object in such manner as to obstruct or impede, or a person of ordinary
sensibilities would conclude it tends to obstruct or impede, the free passage of
pedestrians and/or vehicles through the area; or that requires, or would require, evasive
action by a pedestrian and /or vehicle to avoid physical contact. If the impediment or
obstruction is caused by the size of a particular group of persons, all persons within the
group are equally subject to this section. Acts authorized as an exercise of one's
constitutional rights, and acts authorized by an obstruction permit issued pursuant to
SMC Sections 11.02.03458.D, 12.02.0706 or 12.02.0730 do not constitute obstruction of
pedestrian or vehicular traffic.
5. "Public place" means an area generally visible to public view and includes
alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets
open to the general public, including those that serve food or drink or provide
entertainment, and the doors and entrances to buildings or dwellings and the grounds
enclosing them.
C. A person is guilty of pedestrian interference if, in a public place, he or she
knowingly:
1. obstructs pedestrian or vehicular traffic, or
2. aggressively solicits.
D. Pedestrian interference is a misdemeanor.
The provisions of this ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, section or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance does not affect the
validity of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
49
145
WASHINGTON, D.C.
22 -2301. 1) "Aggressive manner" means: A) Approaching, speaking to, or following a
person in a manner as would cause a reasonable person to fear bodily harm or the
commission of a criminal act upon the person, or upon property in the person's
immediate possession; B) Touching another person without that person's consent in the
course of asking for alms; C) Continuously asking, begging, or soliciting alms from a
person after the person has made a negative response; or D) Intentionally blocking or
interfering with the safe or free passage of a person by any means, including
unreasonably causing a person to take evasive action to avoid physical contact.
2) "Ask, beg, or solicit alms" includes the spoken, written, or printed word or such other
act conducted for the purpose of obtaining an immediate donation of money or thing of
value.
22 -2302. Prohibited acts.
a) No person may ask, beg, or solicit alms, including money and other things of value,. in
an aggressive manner in any place open to the general public, including sidewalks,
streets, alleys, driveways, parking lots, parks, plazas, buildings, doorways and entrances
to buildings, and gasoline service stations, and the grounds enclosing buildings.
b) No person may ask, beg, or solicit alms in any public transportation vehicle; or at any
bus, train, or subway station or stop.
c) No person may ask, beg, or solicit alms within 10 feet of any automatic teller machine
(ATM).
d) No person may ask, beg, or solicit alms from any operator or occupant of a motor
vehicle that is in traffic on a public street.
e) No person may ask, beg, or solicit alms from any operator or occupant of a motor
vehicle on a public street in exchange for blocking, occupying, or reserving a public
parking space, or directing the operator or occupant to a public parking space.
f) No person may ask, beg, or solicit alms in exchange for cleaning motor vehicle
windows while the vehicle is in traffic on a public street.
g) No person may ask, beg, or solicit alms in exchange for protecting, watching,
washing, cleaning, repairing, or painting a motor vehicle or bicycle while it is parked on a
public street.
h) No person may ask, beg, or solicit alms on private property or residential property,
without permission from the owner or occupant.
22 -2303. Permitted activity.
Acts authorized as an exercise of a person's constitutional right to picket, protest, or
speak, and acts authorized by a permit issued by the District of Columbia government
shall not constitute unlawful activity under this chapter.
22 -2304. Penalties.
a) Any person convicted of violating any provision of 22 -2302 shall be fined not more
than $300 or be imprisoned not more than 90 days or both.
b) In lieu of or in addition to the penalty provided in subsection (a) of this section, a
person convicted of violating any provision of 22 -2302 may be required to perform
community service as provided in 16 -712.
22 -2305. Conduct of prosecutions.
Prosecutions for violations of this chapter shall be conducted in the name of the District
of Columbia by the Corporation Counsel,
22 -2306. Disclosure.
Any arrest or conviction under this chapter shall be disclosed to public and private social
service agencies that request the Metropolitan Police.Department or the court to be
notified of such events.
50
IT F.
CITY OF WILMINGTON, DELAWARE
Article VII. Offenses involving regulations of panhandling and fraudulent solicitation
Sec. 36 -221. Definitions.
For purposes of this article and the sections thereof, "panhandling" is defined as any
solicitation made in person requesting an immediate donation of money. Purchase of an
item for an amount far exceeding its value, under circumstances where a reasonable
person would understand that the purchase is in substance a donation, is a donation for
the purposes of this article. Panhandling does not include passively standing or sitting
with a sign or other indication that one is seeking donations, without addressing any
solicitation to any specific person other than in response to an inquiry by that person.
(Ord. No. 94- 073(sub 1), 1, 12 -1 -94)
Sec. 36 -222. Time of panhandling.
Any person who panhandles after sunset or before sunrise is guilty of a violation of this
article of this chapter of the city Code.
(Ord. No. 94- 073(sub 1), 1, 12 -1 -94)
Sec. 36 -223. Place of panhandling.
Any person who panhandles when the person solicited is in any of the following places is
guilty of a violation of this article:
(1) At any bus stop or train stop;
(2) In any public transportation vehicle or facility;
(3) In any vehicle on any city street; or
(4) On private property, unless the panhandler has permission from the owner or the
occupant.
(Ord. No. 94- 073(sub 1), 1, 12 -1 -94)
Sec. 36 -224. Manner of panhandling.
Any person who panhandles in any of the following manners is guilty of a violation of this
article:
(1) By coming within three feet of the person solicited until that person has indicated
that he or she does wish to make a donation;
(2) By blocking the path of the person soliciting along a sidewalk or street;
(3) By following a person who walks away from the panhandler;
(4) By using profane or abusive language, either during the solicitation or following a
refusal;
(5) By panhandling in a group of two or more persons; or
(6) By any statement, gesture, or other communication which a reasonable person in
the situation of the person solicited would perceive to be a threat.
(Ord. No. 94- 073(sub 1), 1, 12 -1 -94)
Sec. 36 -225. False of misleading solicitation.
Any person who knowingly makes any false or misleading representation in the course
of soliciting a donation is guilty of a violation of this article. False or misleading
representations include, but are not limited to, the following:
(1) Stating that the donation is needed to meet a specific need, when the solicitor
already has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need which does not exist;
(3) Stating that the solicitor is from out of town and stranded, when that is not true;
(4) Wearing a military uniform or other indication of military service, when the solicitor
is neither a present nor former member of the service indicated;
(5) Wearing or displaying an indication of physical disability, when the solicitor does
not suffer the disability indicated;
(6) Use of any make -up or device to simulate any deformity; or
(7) Stating that the solicitor is homeless, when he is not.
51
147
(Ord. No. 94- 073(sub 1), 1, 12 -1 -94)
Sec. 36 -226. Permit requirement.
(a) No person shall panhandle on five or more days in a single calendar year without a
permit issued by the police department. A person who has been issued a permit shall
keep it on his or her person at all times while panhandling and show it to any police
officer upon request. No person whose permit has been revoked shall panhandle for a
permit of two years following the revocation. Any person who violates this subsection is
guilty of a violation of this article.
(b) The police department shall issue the permit, without fee, to any eligible person
who presents himself at the public safety building, states his true name, presents a
photo identification or signs a declaration under penalty of perjury that he has no such
identification, and permits himself to be photographed and fingerprinted.
(c) A person is ineligible for a permit if and only if within the past five years he (1) has
been convicted of two or more violations of this article, (2) has had a permit revoked
pursuant to subsections (e) or (f) of this section, or (3) has been convicted of two or
more offenses under the law of any jurisdiction which involve aggressive or intimidating
behavior while panhandling or false or misleading representations while panhandling.
(d) If the police department is unable to determine eligibility within 24 hours of the
application, the department shall issue a permit good for 30 days and determine
eligibility for a regular permit before the temporary permit expires. The regular permit
shall expire three years from the date of issuance. Along with the permit, the police
department shall give the applicant a copy of this article.
(e) Any person who makes any false or misleading representation while apply for a
period under this section is guilty of a violation of this article. Upon conviction of violation
of this subsection, the police department shall revoke any permit issued to the subject
defendant under this section.
(f) If a permit is issued to a person under this section and that person subsequently
commits and is convicted of a violation of any provision of this article, the police
department shall revoke the permit.
(Ord. No. 94- 073(sub 1), 1, 12 -1 -94)
Sec. 36 -227. Violations; penalties.
Each section of this article is distinct and any violation of any section is a separate
violation of this article. A conviction of a violation of any section of this article shall be
punishable by a fine in an amount not to exceed $500.00.
(Ord. No. 94- 073(sub 1), 1, 12 -1 -94)
52
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152
City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
November 14, 2011— 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: De'Sean Quinn, Acting Chair; Joe Duffie and Allan Ekberg (filling in for Verna Seal)
Staff: Shelley Kerslake, David Cline and Kimberly Matej
CALL TO ORDER: Acting Committee Chair Quinn called the meeting to order at 5:02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: Anti Panhandling
At Mayor Haggerton's direction, the City Attorney has drafted an ordinance, for Council consideration,
banning solicitation (i.e.: panhandling) in certain areas of the City.
The City has been receiving an increased number of complaints from both the residential and business
communities regarding panhandling activities in the Tukwila Urban Center as well as along Tukwila
International Boulevard. Currently, the Police Department has no enforcement tools to stop such activities.
Without impeding on First Amendments rights, this draft ordinance prohibits solicitation (i.e.: panhandling) in
the following areas:
Tukwila Urban Center (boundaries defined in ordinance)
Tukwila International Boulevard (boundaries defined in ordinance)
Near Automated Teller Machines (ATMs)
Near Outdoor Eating Establishments
This draft ordinance was modeled after a similar ordinance used in the City of Tacoma which is effective and
has resulted in a minimal number of arrests. Committee Members requested that the Tacoma ordinance be
included in the information that goes to full Council. Additionally, Committee Members inquired if day
reporting could be an option in place of serving jail time if a person is found guilty of said violation. Ms.
Kerslake explained that it is ultimately at the judge's discretion. UNANIMOUS APPROVAL. FORWARD
TO NOVEMBER 28 COW FOR DISCUSSION.
III. MISCELLANEOUS
Acting Chair Quinn inquired about enforcement tools for response to abandoned properties and structures that
appear to be occupied unlawfully. Ms. Kerslake responded that the Department of Community Development is
currently working with the City Attorney's Office to evaluate strategies that address these concerns.
Meeting adjourned at 5:16 p.m.
Next meeting: Monday, November 28, 2011 5:00 p.m. Conference Room #3
at Committee Chair Approval
Minutes by KAM. Reviewed by SK.
153
154
COUNCIL AGENDA SYNOPSIS
CAS NU\llil_,R:
AGIM M ITF: \4 TI1'1,1?
Initials
ITEM NO.
Meeting Date Prepared by I Mayor's review C,putacil review
11/28/11 SK L 4. E.
12/05/11 SK
ITEM INFORMATION
STAFF SPONSOR: SHELLEY KERSLAKE ORIGINAi-A(,FNDADAT1 11/28/11
Repeal of Section 2 of Ordinance 2323 regarding social card rooms.
Discussion Motion Resolution Ordinance ❑Bid -Axard PublicHearina ❑Other
lltg Date 11/28/11 Adtg Date Nltg Date tl7tg Date 1215111 lltg Date 112tg Date Mtg Date
SPONS()R Council Mgyor HR DCD .Fiszance Fire IT P &R Police 14V
SPONSOR'S Given the results of the November 8, 2011 advisory vote regarding social card rooms, the
su\- r\Mvz' Council has discussed repealing the sunset provision of Ordinance 2323, which would have
precluded the operation of social card rooms in the City by 2016.
RI cow Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ALllMIN• City Attorney /City Council
C Forward Issue to Committee of the Whole
COST IMPACT FUND SOURCE
EXPi'MATURIF, RI?QUIRI AMOUNT BUDGETED
$2.1 million
Fund Source:
Con nnents: Retains the existing revenue stream from gaming uses
MTG. DATE
11/28/11
MTG. DATE
11/28/11
12/5/11
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
$0
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 11/16/11
Ordinance in draft form
155
156
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
Mayor Haggerton
City Councilmembers
FROM:
Shelley M. Kerslake, City Attorney
DATE:
November 16, 2011
SUBJECT:
Social Card Rooms
ISSUE
Whether to repeal Ordinance 2323, in part, to allow social card rooms in the City of Tukwila.
BACKGROUND
Ordinanace 2323, Section 2, prohibits the operation or conduct of social card rooms within the
City of Tukwila, effective January 1, 2016. At the November 8, 2011 General Election, the City
of Tukwila put forth Advisory Measure No. 1 to ask the City's voters whether social card rooms
should be allowed in Tukwila. In response to Advisory Measure No. 1, a majority of the City's
voters advised the Council of the desire to allow social card rooms in Tukwila.
DISCUSSION
The Council has expressed a desire to implement the will of the voters by repealing Section 2 of
Ordinance 2323; thereby allowing social card rooms to continue in the City of Tukwila. This
action does not impact other recent changes to social card room regulations, such as late
payment penalties and tax rates.
RECOMMENDATION
The Council is being asked to consider the proposed ordinance at the November 28, 2011
Committee of the Whole and December 5, 2011 Regular Meeting.
ATTACHMENTS
Draft Ordinance
157
158
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING SECTION 2 OF
ORDINANCE NO. 2323 RELATING TO THE PROHIBITION
AGAINST SOCIAL CARD ROOMS AS A COMMERCIAL
STIMULANT; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, with certain exceptions, Section 2 of Ordinance No. 2323 prohibits the
operation or conduct of social card rooms within the City of Tukwila effective January 1,
2016; and
WHEREAS, at the November 8, 2011 General and Special Election, the City of
Tukwila put forth Advisory Measure No. 1 to ask the City's voters whether social card
rooms should be allowed in Tukwila; and
WHEREAS, in response to Advisory Measure No. 1, the City's voters voted to allow
social card rooms in Tukwila; and
WHEREAS, as a result of said vote, the City Council desires to repeal Section 2 of
Ordinance No. 2323 to allow social card rooms in Tukwila to continue;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Section 2 of Ordinance No. 2323 is hereby repealed in its
entirety.
Section 2. 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.
W: Word Processing \Ordinances \Repeal prohibition on social card rooms 11 -14 -11
SK:bjs Page 1 of 2
159
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances \Repeal prohibition on social card rooms 11 -14 -11
SK:bjs
Page 2 of 2
COUNCIL AGENDA SYNOPSIS
Initials ITEMNO.
Meeting Date Prepared by Mayor's review Council review
1 11/28/11 B %Pf e- 4. F.
12/05/11 BGJ
CAS NUMBER:
AGENDA ITEM TITLE
CATEGORY Discussion
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 11/28/11
Tukwila Urban Center Pedestrian/ Bicycle Bridge
Acceptance of Federal CMAQ Grant and State Enhancement Grant
Aft
g Date 11/28/11
Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 12105111 Mtg Date Mtg Date Mtg Date fig Date Mt
g Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R ❑Police ®PbY/
SPONSOR'S Council is being asked to accept two grants for the Tukwila Urban Center Pedestrian/
SUMMARY Bicycle Bridge. The first grant is a Federal Congestion Mitigation and Air Quality (CMAQ)
grant of $750,833.00 and the second is a Statewide Transportation Enhancement grant of
$500,000.00. No match is required from the State grant, but the Federal CMAQ grant
requires a 13.5% match or $117,182.00. The design agreement with KPFF Consulting
Engineers is also being presented to Council tonight.
REvII -WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 104 ARTERIAL STREETS (NEW PAGE 10, PROPOSED 2012 CIP)
Comments:
MTG. DATE
11/28/11
12/05/11
MTG. DATE
11/28/11
12/05/11
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 11/18/11
New page 10, Proposed 2012 CIP
Puget Sound Regional Council Letter with $750,833.00 Award
WSDOT Local Agency Agreement with $500,000.00 Enhancement Grant
Minutes from the Transportation Committee meeting of 11/21/11
161
lM
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: November 18, 2011
SUBJECT: Tukwila Urban Center (TUC) Pedestrian /Bicycle Bridge
Project No. 90510403
Acceptance of Federal CMAQ Grant and State Enhancement Grant
ISSUE
Accept two grants for the Tukwila Urban Center Pedestrian /Bicycle Bridge.
BACKGROUND
In May 2009, the City submitted an application for a Federal CMAQ (Congestion Mitigation and Air
Quality) grant for the Pedestrian /Bicycle Bridge and requested $1,000,000.00. At the time, the
application was not successful, but the project was included on the PSRC Contingency List for any
additional funding (either through new federal funds being made available or awarded projects not
using all the funds). In August 2011, the PSRC Executive Board awarded Tukwila a portion of the
CMAQ grant in the amount of $750,833.00 from the Contingency List.
In July 2010, the City submitted an application to the Statewide Transportation Enhancement
Program in the amount of $500,000.00. This application was successful and a grant was awarded
with funding available in 2011.
DISCUSSION
The Statewide Transportation Enhancement Program grant of $500,000.00 does not require any City
matching funds. The Federal CMAQ grant requires a 13.5% City match, which in this .case is
$117,182.00. A new CIP page is attached that adds the additional design costs while reducing the
construction budget. Park Impact fees are being collected for this pedestrian bridge and the
expected fees will now cover part of the City match for design, rather than just construction.
RECOMMENDATION
Council is being asked to formally accept these two grants; the Federal CMAQ grant of $750,833.00
and the State Transportation Enhancement grant of $500,000.00 for the TUC Pedestrian /Bicycle
Bridge and consider this item at the November 28, 2011 Committee of the Whole and subsequent
December 5, 2011 Regular Meeting.
Attachments: New Page 10, Proposed 2012 CIP
PSRC Letter dated 8/4/11
Local Agency Agreement Supplement
W: \PW Eng \PROJECTS\A- RW RS Projects \05 -RW03 TUC Ped Bridge \INFO MEMO 2 Grant Accept CMAQ State.docx 163
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
Project Location
2012 2017 Capital Improvement Program
5 f SE
1 L_f3
10
GIs
2012 to 2017
PROJECT:
Tukwila Urban Center Pedestrian /Bicycle Bridge Project No. 90510403
DESCRIPTION:
Construct a new pedestrian /bicycle bridge over the Green River.
Pedestrian /bicycle connection between Tukwila's Urban Center and commuter rail /Amtrak station.
JUSTIFICATION:
Supports local and regional goals and policies regarding land use and transportation in Urban Center.
Pedestrian System Report identified the optimal location for bridge crossing to be south of the Best
STATUS:
Western Hotel. Type, Size, and Location Report was completed in 2011. Council approved a design of
a twin -tied arch bridge with no accommodation for a future bridge crossing over West Valley Highway.
MAINT. IMPACT:
To be determined.
State Enhancement design grant for $190k and Transit Oriented Development (TOD) planning grant of $55k.
COMMENT:
State Enhancement grant of $500k and Federal CMAQ grant of $750,833 for final design. Project is on Park
Impact Fee list with funding of $2 million with an 80 %/20% split.
FINANCIAL
Through Estimated
(in $000's)
2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL
EXPENSES
Design
229 30 984 390
1,633
Land (RW
100
100
Const. Mgmt.
1,000
1,000
Construction
6,485
6,485
TOTAL EXPENSES
229 30 984 390 100 7,485 0 0 0
9,218
FUND SOURCES
Awarded Grant
229 30 916 321
1,496
Proposed Grant
5,200
5,200
Mitigation Actual
0
Park Impact Fees Expected
35 80 1,485
1,600
City Oper. Revenue
0 0 68 34 20 800 0 0 0
922
TOTAL SOURCES
229 30 984 390 100 7,485 0 0 0
9,218
Project Location
2012 2017 Capital Improvement Program
5 f SE
1 L_f3
10
GIs
Pugef Sound Regional Counci
P
August 4, 2011
The Honorable Jim Haggerton
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Dear Mayor gger on:
On behalf of the Puget Sound Regional Council, congratulations on receiving $2,000,000 for Ttrktnila Urban
Center Access Project and $750,833 for Urban Center Pedestrian I Bicycle Bridge.
This PSRC funding was approved by our Executive Board in July. Thanks to great work by your staff
and elected leadership, these projects were identified as high priorities and rose to the top out of a pool of
many other worthy projects.
Helping communities secure federal transportation funding is one of the key roles of PSRC. We know in
these tough economic times that local governments are searching far and wide for the resources to deliver
needed transportation improvements and also grow jobs in the near term. In 2012, PSRC will select
projects for the roughly $400 million in federal funds the region can expect to receive over the next few
years.
At every step of the way, ,ve hope you'll call on us with questions and concerns as you look for funding
opportunities and work to implement your conununity's transportation, growth, and economic
development plans. You can reach us at (206) 464 -7090 or online at psrc.org.
Sincerely,
IT,,— X rown
Commissioner, Kitsap County
President, Puget Sound Regional Council
P.S. We're gearing up for an update of the Puget Sound region's five -year economic strategy, and there
will be many ways for you and your staff to be involved in this effort, Look for more information coming
soon and visit psrc.org/econdev /res to learn more.
1011 'Wester Avenue. Su °t& 500 Seaf Push o2or. 98104 :035 (206) L64.7090 FAX (206) 587.4825 psrc.org
165
Washington State
WIAt Department of Transportation Local Agency Agreement Supplement
Agency Supplement Number
City of Tukwila 1
Federal Aid Project Number Agreement Number CFDA No. 20.205
STPE 1320(002) LA 6065 (Catalog of Federal Domestic Assistance)
The Local Agency desires to supplement the agreement entered into and executed on
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Project Description
Name Tukwila Urban Center Pedestrian/Bike Bridge over Green River Length not determined
Termini approximately between Baker Blvd (if extended) and Longacres Way (if extended)
Description of Work No Change
Non motorized bridge over Green River and wayfinding approach improvements along Baker Blvd to include bike lanes, trail
connector to the Interurban Trail east of West Valley Highway, and a new pedestrian signal on West Valley Highway
Reason for Supplement
Obligation of additional Enhancement Funds and CMAQ Funds r
Y
Does this change require additional Right of Way or Easements? Yes No
By By
Title Director of Highways and Local Programs
Date Executed
DOT Form 140 -041 EF
Revised 1/2007
166
Estimate of Funding
Ty of Work
yp
(2) (3) (4) (5)
Previous Supplement Estimated Total Estimated Agency Estimated
Agreement/Suppl. Proiect Funds Funds Federal Funds
PE a.Agency
117,182.00 117,182.00 117,182.00
b. Other Consultant
190,000.00 500,000.001 690,000.00 680,000.00
c. Other Consultant 1
750,833.001 750,833.00 750 ,833.00
Federal Aid d. State
Participation
10,000.00 1 10,000.00 20,000.00
Ratio for PE e. Total PE Cost Estimate (a +b +c +d)
200,000.001 1,368,015.00 1,568,015.001 117,182.00 1,450,833.00
Right of Way f. Agency
1 1
a. Other
Federal Aid h. Other
1 1 1
Participation
Ratio for RW i. State 1
1 1 1
j. Total RM Cost Estimate (f +g +h +i) 1
Construction k. Contract
1
I. Other
m. Other
1 1 1
n. Other
1
o. Agency
Federal Aid
Participation p State 1
1 1 1
Ratio for CN o. Total CN Cost Estimate (k+l+m+n+o+p)
r. Total Project Cost Estimate (e+i+a)
200.000.00 1 ,368.01 5.00 t.5614.01 5_00 117.182.0 1.450.833.00
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition
to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
Agency Official
Washington State Department of Transportation
By By
Title Director of Highways and Local Programs
Date Executed
DOT Form 140 -041 EF
Revised 1/2007
166
TRANSPORTATION COMMITTEE Meeting Minutes
City of Tukwila
Transportation Committee
November 21, 2011— 4: 00 p.m. Conference Room 1 *NOTE: Special Start Time
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffie and Verna Seal
Staff: Bob Giberson, Robin Tischmack, Stan Anderson, Jack Pace, Nora Gierloff, David Cline,
Gail Labanara and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: The meeting was called to order at 4:04 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Purchase: Thermoolastic Striper
Staff is seeking Council approval to purchase a thermoplastic striper from Alpine Products of Auburn in the
amount of $92,896.52. Alpine Products was the low bidder for King County, and the City of Tukwila can
add to the King County bid for the same striper system.
The thermoplastic striper will replace a paint striper, and is expected to significantly increase the life
expectancy of pavement markings. The striper includes a trailer, meltor and applicator. $80,000 is budgeted
for this purchase in the 501 Fund Equipment Rental Budget as a carry -over from 2010. The additional
$12,896.52 needed for the striper will come from monies set aside for a Line Locator ($4,840.00), which
will not be replaced, and the Street Department's roadside budget ($8,056.52). UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
B. Purchase: 250 LEOTEK LED Luminaries
Staff is seeking Council approval to purchase 250 LED roadway lighting luminaires from LEOTEK
Electronics of Milpitas, CA in the amount of $106,488.75.
LED lighting provides the following benefits:
Reduced power consumption (up to 50
Greater reliability
Longer life expectancy
Reduced maintenance
Lower utility costs
Funding for this purchase will come from 2011 Traffic Control in the Streets Division, the Annual Traffic
Signal Program, and possibly funds from the Energy Efficiency grant being administered through the
Department of Community Development. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER
28 COW FOR DISCUSSION.
C. Tukwila Urban Center Pedestrian /Bicvcle Bridge: Federal and State Grant Acceptance
Staff is seeking Council approval for the formal acceptance of the two grants listed below in a total amount
of $1,250,833 for design of the Tukwila Urban Center Pedestria/Bicycle Bridge.
Federal Congestion Mitigation and Air Quality (CMAQ) Grant. This is a federal grant which was awarded
through the PRSC Contingency List this past August in the amount of $750,833. The grant requires a 13.5%
City match ($117,182). Park impact fees are anticipated to be utilized as matching funds. UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
167
IMP
COUNCIL AGENDA SYNOPSIS
CAS Nu- iwirIt:
Initials
Meeting Date Prepared by Mayor' review
11/28/11 BG C'.
12/05/11 BG
ITEM INFORMATION
I STAFF SPONSOR: BOB GIBERSON
V i�lzrevZen/
ITEM NO.
4.G.
ORIGINA],AGL:NDA DATr 11/28/11
A(;I "NDA I T I rl,I Tukwila Urban Center Pedestrian/ Bicycle Bridge
Consultant Supplemental Agreement No. 9 with KPFF Consulting Engineers
C, \'1'1?GORY Di.rcus.rion E motion Resolution Ordinance BidAtvard Public Hearing Other
lltg Date 11/28/11 lltg Date 12105111 1AItg Date Illtg Date Nltg Date iVltg Dare Mtg Date
SPONSOR Council IA4ayor Adm Svc.r DCD Finance Fire Legal P6R Police PIF
SPONSOR'S This supplemental agreement No. 9 with KPFF will complete the design and environmental
permitting for the TUC Pedestrian/ Bicycle Bridge. The agreement also includes the design
of a signal crossing at W Valley Hwy and the trail to connect users to the Tukwila Longacres
Sounder Station. With two grants of $1.2 million, the design of the TUC Pedestrian Bridge
is funded. Council is being asked to approve Supplemental Agreement No. 9 in the amount
$1,367,580.11.
�R1 'VA.;D M" cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
Cc �N-iiNrri'rrr, Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
E\I'I?NDITURI', R1 :QUIRI'.D AMOUNTBUDGETED APPROPRIATION REQUIRED
$1,367,580.11 $1,633,000.00 $0.00
Fund Source: 104 ARTERIAL STREETS (NEW PAGE 10, PROPOSED 2012 CIP)
Comments:
MTG. DATE
11/28/11
12/05/11
MTG. DATE
11/28/11
12/05/11
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 11/18/11
Supplemental Agreement No. 9 with KPFF
Minutes from the Transportation Committee meeting of 11/21/11
169
170
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
fl
DATE: November 18, 2011
SUBJECT: Tukwila Urban Center (TUC) Pedestrian /Bicycle Bridge
Project No. 90510403, Contract No. 07 -123
Supplement No. 9 with KPFF
ISSUE
Approve Supplement No. 9 with KPFF Consulting Engineers.
BACKGROUND
In late 2005, Tukwila received a $200,000 grant for design of the Tukwila Urban Center (TUC)
Pedestrian Bridge over the Green River from the Transportation Improvement Board's
Statewide Enhancement fund. KPFF was selected for the Type, Size, and Location (TS &L)
contract and has completed the TS &L Report. Staff has been successfully pursuing grant funds
to complete the design of this project. In October 2010, a new grant from the Statewide
Enhancement fund was awarded in the amount of $500,000. In August 2011, the City was
awarded a second grant in the amount of $750,833 from the State's Congestion Mitigation and
Air Quality (CMAQ) funding.
With the completion of the TS &L report, the Council gave direction to staff to pursue the design
of a twin -tied arch bridge with no accommodation for a future bridge crossing over West Valley
Highway.
DISCUSSION
Supplement No. 9 with KPFF includes the additional scope and fee to complete the design and
environmental permitting for the TUC Pedestrian /Bicycle Bridge. Also included is the design of a
new pedestrian signal across West Valley Highway (in lieu of a future bridge crossing) and trail
design to connect users of the bridge to the permanent Tukwila Longacres Sounder Station. To
complete way- finding for users, connect the two transit hubs, and provide quality bicycle access;
the Supplemental Agreement also includes design of a "road diet" along Baker Boulevard to
replace excess vehicular capacity with new bike lanes and on- street parking.
Fiscal Impact: A new CIP page adds the additional design costs while reducing the construction
budget. Park Impact fees are being collected for this pedestrian bridge and the expected fees
will now cover part of the City match for design, rather than just construction.
RECOMMENDATION
Approve Supplement No. 9 to Contract No. 07 -123 with KPFF in the amount of $1,367,580.11
and consider this item at the November 28, 2011 Committee of the Whole and subsequent
December 5, 2011 Regular meetings.
Attachment: Supplemental Agreement No. 9
W: \PW Eng \PROJECTS\A- RW RS Projects \05 -RW03 TUC Ped Bridge \INFO MEMO Supp #9 KPF 11- 18- 11.docx 171
172
IRW 111 911110if 311108
U of
Supplemental Agreement
Number 9
Original Agreement Number
07 -123 (h)
Project Number
05 -RW03
Project Title
Tukwila Urban Center, Ped /Bicycle Bridge PSE
Organization and Address
KPFF Consulting Engineers
1601 Fifth Ave, Suite 1600
Seattle, WA 98101
Phone:
Execution Date Completion Date
12/31/2013
New Maximum Amount Payable
1,612,436.93
Description of Work
Time and cost adjustment to incorporate efforts for the Plans, Specifications, and Construction Cost Estimate
Phase.
The Local Agency of the City of Tukwila
desires to supplement the agreement entered into with KPFF Consulting Engineers
and executed on and identified as Agreement No. 07 -123
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
A complete scnlle of work has been included as F,xhihit A -1
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: Revised completion date is December 31, 011
III
Section V, PAYMENT, shall be amended as follows:
Ann additional fee not -to- exceed 51,367,590 1 1 re sults from the added ded PSF phase scope New maximum amount
pnynhlP is T1 61 41r) 9I
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
By
Consultant Signature
DOT Form 140 -063 EF
Revised 9/2005
By: C i t3� of Tukwila
Approving Authority Signature
Date
173
74
Exhibit A -1
Supplement No. 9 Scope of Work
Tukwila Urban Center, Pedestrian/Bicycle Bridge
Plan, Specification and Cost Estimate (PSE)
PROJECT DESCRIPTION
The Green River stands as a barrier between the City's urban center and the
transportation hub of the Sounder Commuter Rail /Amtrak Station. This project is a
preliminary step in defining the pedestrian corridor connecting these commuter hubs.
This project shall determine the type of structure and its location for crossing the
Green River. The bridge is to be a signature piece of the corridor and along with the
associated trail provide a direct, safe and enjoyable walking experience.
PROJECT OBJECTIVES
The overall objective of this project is to develop a connection from the intersection of
Baker Boulevard and Christensen Road to the Sound Transit property line of the
Sounder Commuter Rail /Amtrak Station. This project will take place in three phases,
which include the following:
Type, Size and Location (TSL) Phase
Plans, Specifications and Cost Estimate (PSE) Phase
Construction Management Phase
This scope of work shall be for the completion of the TSL Phase and the advancement
of the project through final construction documents for the PSE Phase.
During and /or at the conclusion of the PSE Phase, the City of Tukwila can exercise
the option to supplement KPFF's contract to include the Construction Management
Phase.
The project team is made up of the following firms:
Owner
Prime Consultant
Structural Engineering
Civil Engineering
Urban Design
Landscape
Illumination
Surveying
Bridge Architecture
Environmental and Permitting Services
Geotechnical Engineering
City of Tukwila
KPFF Consulting Engineers
KPFF Consulting Engineers
KPFF Consulting Engineers
KPG Inc.
KPG Inc.
KPG Inc.
KPG Inc.
LMN Architects
Landau Associates
Landau Associates
175
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 2
SCOPE OF WORK
The following is a scope of work for the completion of the TSL phase and the
completion of the plans, specifications and estimated construction costs (PSE) phase
of the project. In addition to the basic scope of services, the Consultant has included
additional services that can be performed at the City's request.
Task No. 1.0 Project Management and Administration
Task No. 1.01 Project Schedule
A project design schedule shall be created in Microsoft Project that spans from
the notice -to- proceed for the supplemental work to the completion of the PSE
documents. The schedule shall be updated on an as needed basis.
Task No. 1.02 Design Team Supplemental Agreements
KPFF shall prepare supplemental contracts for KPG, Inc., Landau Associates,
and LMN Architects.
Task No. 1.03 Progress Reports
A progress report form shall be provided to each team member. This form
shall be filled out on a monthly basis and submitted with the invoice for the
work described in the progress report. KPFF shall then compile the reports
into a single document to be submitted to the City with the associated monthly
invoice.
Task No. 1.04 Invoices
Team members are to prepare monthly invoices for work completed. KPFF
shall compile the invoices into a single document to be submitted to the City.
Task No. 1.05 Team Meetings
The consultant team shall meet with the City on a monthly basis to discuss
project issues, schedule, progress, and general coordination of effort. The
consultant team shall meet internally on a monthly basis to coordinate project
tasks and design.
lW
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 3
Deliverables
Project schedule with monthly updates
Monthly progress reports and invoices
Team meetings
o Participation in project meetings with the City (assume 12 meetings)
o Participation in internal consultant team meetings with the City
(assume 12 meetings)
Task 2.0 Design Criteria Document
KPFF shall finalize the design criteria based on coordination with the City:
Minimum bridge /trail widths.
Horizontal geometry constraints (including minimum radii for curves)
and allowable design speeds for bicycles.
Maximum allowable vertical grades and rates of curvature for both
bridge structures and for access ramps.
Emergency access requirements.
Minimum lighting requirements.
Green River hydraulic opening requirements.
Requirements for stormwater detention and water quality.
Construction criteria within 100 -year flood plain.
Utility clearance requirements.
Structural loading conditions.
Allowable structural deflections and vibrations.
Physical/ aesthetic impacts on adjacent uses,
Coordination with potential future vehicular bridge in similar area.
Deliverables
Draft Design Criteria Document
Final Design Criteria Document
177
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 4
Task 3.0 Topographic and Boundary Survey
KPG shall perform topographic surveying within the entire selected alternative
bridge and trail alignment, which is defined as Christensen Road (west boundary)
across the Green River to West Valley Highway (east boundary). Necessary
horizontal and vertical control shall be established for the boundary and
topographic survey of the site. The survey for the defined project corridor shall
include the bridge and approach areas. Trail connections are from Christensen
Road on the west side and from West Valley Highway on the east side to the bridge
approaches.
Task 3.01 Topographic Mapping Phase 1
KPG shall provide surveying under two separate phases. Phase One is from
the Green River Trail on the west side of the river eastward to West Valley
Highway. This phase allows the location of the bridge, ramps and connection
to West Valley Highway, including the crossing of West Valley Highway for
design and installation of a pedestrian signal (both sides of highway). Phase
One also includes mapping the right of way of Baker Boulevard from
Christensen Boulevard to Andover Park West, including the Andover Park East
intersection, and shall locate curb, sidewalk, driveways, striping, illumination
and utility castings.
Task 3.02 Topographic Mapping Phase 2
Phase 2 shall include the Riverview Plaza parking lot contained within parcels
2523049077 and 2523049039, the SPU pipeline parcel 2523049048, and
north of that parcel to the face of the Riverview Plaza office buildings. The
intersection of Christensen Road and Baker Boulevard will also be included in
this phase. The total acreage of this area is approximately 7 acres.
All field topographic surveying shall be performed to achieve 1 -foot contour
interval accuracy, and shall include location of existing 4 inches plus caliper
trees (excluding Cottonwoods which shall be 12 inch plus caliper within 100
feet of the river), streets, curb and gutter, limits of paving, fences, above- and
below ground utilities, drainage features, existing shrub and lawn areas, and
existing improvements within the defined project corridor.
A separate cost for private utility locating services has been included which
assumes 24 hours of underground utility sensing and locating.
The field survey includes surveying the banks of the Green River from 50 feet
upstream to 50 feet downstream. The river survey shall include top of bank on
both sides of the river and cross sections from top of bank to top of water at
25 -foot intervals. Indicate limits of 100 -year flood plain, ordinary high
waterline (OHWL) flagged in advance on the bank by Landau Associates.
178
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 5
The survey crew shall use City provided Horizontal and Vertical control in the
project vicinity and all surveying and mapping shall be based on City
Horizontal and Vertical Datum.
A base map at a scale to be selected by the project engineer shall be developed
detailing the items located in the above described field survey. The map shall
include positions of record and surveyed boundaries, as well as deeded and
platted right -of -way margins for the project area.
It is proposed to use KPG's existing layer standards and point codes for the
survey. Once drafted, field verified, and certified, KPG shall provide the project
engineer with two Xerox Bond copies of the topographic survey and one digital
copy of project survey files (AutoCAD, point files, field notes). Any as -built
information gathered during our research shall also be copied and submitted
to the engineer with the topographic mapping package. The deliverable
submittal package shall include detailed descriptions of point code and
layering schema.
KPG has included time and expense for project meetings, management of
surveying and drafting efforts, professional review and quality control in our
proposal.
Deliverables
Survey Project Base Map (two hardcopies, one electronic copy)
Task 4.0 Geotechnical Research and Recommendations
This task includes the completion of all field exploration and laboratory testing
needed to finalize the geotechnical recommendations for the project. Geotechnical
recommendations will be provided for stormwater infiltration, pavement design,
and foundation design for the bridge and approach ramps/ embankments.
Task No. 4.01 Field Explorations and Laboratory Testing
Landau Associates propose to advance a boring in the driveway to the house
located at 16113 West Valley Highway (King County Parcel number
000580033) to characterize subsurface conditions near the proposed east
bridge abutment. This boring will be advanced to a depth of about 120 ft
below the existing ground surface (BGS). Landau Associates plan to advance
three additional borings along the proposed trail alignment to characterize
subsurface conditions for stormwater infiltration rate evaluation and pavement
design. These borings will be advanced to a depth of about 17 ft BGS. The
borings will be completed using a truck- mounted drill rig using either mud
rotary (bridge boring) or hollow -stem auger (trail borings) drilling techniques.
Landau Associates have assumed that the City will obtain right -of -entry in
order to drill the borings and that no fee will be necessary to drill the boring.
179
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 6
The drilling will be accomplished by Holocene Drilling of Puyallup, Washington
under subcontract to Landau Associates. A geologist or geotechnical engineer
from Landau Associates will supervise the explorations, obtain soil samples
from the borings, and prepare field logs of conditions encountered in the
explorations. Soil samples will be obtained from the borings on about a 2 1 /2- or
5 -ft depth interval using the Standard Penetration Test (SPT) procedure, and
returned to our laboratory for further classification. Soil samples obtained
from the exploration will be held in our laboratory for 30 days after submittal
of the final report. After that date, the soil samples will be disposed of, unless
arrangements are made to retain them.
Landau Associates plan to install a standpipe piezometer in two of the three
borings advanced along the trail alignment. The standpipe piezometers will be
constructed in accordance with Washington Administrative Code (WAC) 173-
160 and will be protected at the ground surface with a flush mounted
monument. Landau Associates propose to monitor the groundwater level in
the piezometers twice during the rainy season (typically November to May).
Upon completion of drilling and sampling, the boreholes not completed with a
standpipe piezometer will be abandoned in accordance with WAC 173 -160 and
capped with a minimum 1 -ft thick plug of quick- setting concrete.
Abandonment of the standpipe piezometers is not included with this proposal
and should be made part of the contract documents. Drill cuttings will be
placed in steel drums and transported to WM Dickson's facility in Tacoma,
Washington for disposal. Prior to drilling, a representative of Landau
Associates will mark the boring location in the field and arrange for an
underground utility locate (1- 800... call before you dig). Landau Associates
will also arrange for a private utility locate at each of the boring locations.
Three U.S. Environmental Protection Agency (EPA) Falling Head Percolation
tests will be completed adjacent to the three trail borings described above to
determine the measured infiltration rate for porous pavement or biofiltration
swale. The EPA Falling Head Percolation tests will be completed approximately
1 ft BGS. The hollow -stem auger drill rig will be used to core through the
pavement section at the EPA Falling Head Percolation test locations. Upon
completion of the in situ infiltration test, the PVC pipe will be removed and the
hole will be backfilled with quick- setting concrete.
Landau Associates will conduct geotechnical and analytical laboratory testing
on representative soil samples obtained from the exploratory borings to aid in
their classification and determination of engineering properties. Laboratory
testing completed in our laboratory is expected to consist of 8 natural moisture
content determinations, 6 fines content determinations, 10 index tests (either
mechanical sieve analysis or Atterberg limit determinations), and 6 combined
analyses (mechanical sieve and hydrometer). A total of six soil samples will be
submitted to Analytical Resources, Inc. (ARI) of Tukwila, Washington for
determination of the organic content and the Cation Exchange Capacity (CEC).
The organic content testing will be completed in accordance with ASTM D 2974
and the CEC testing will be completed in accordance with EPA laboratory
Method 9081.
I:,
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 7
In developing this proposal, it was assumed that work would commence during
daylight hours between Monday and Friday and that traffic control would
consist of traffic cones.
Task No. 4.02 Geotechnical Evaluation, Reporting, and Meetings
Based on the results of our previous explorations for the TSL design phase and
the field investigation and laboratory testing program completed for this task,
Landau Associates will complete geotechnical engineering analyses to develop
recommendations to support the design of the bridge, including:
Recommendations for earthwork and site preparation including:
clearing, stripping, and grubbing; the suitability of onsite soils for reuse
in structural fill; import structural fill requirements, subgrade
preparation; and placement and compaction of structural fill.
Pavement subgrade preparation.
Porous asphalt and porous concrete pavement sections (asphalt or
Portland cement concrete and base course thickness) required for
structural support of the proposed traffic.
Conventional asphalt and Portland cement concrete pavement design.
Design infiltration rate for porous pavement. The infiltration rate will be
determined in accordance with the Simplified Method outlined in
Section 5.4.1 of the 2009 King County Surface Water Design Manual.
Seismic design criteria, including an evaluation of liquefaction and
lateral spreading potential.
An evaluation of the stability of the riverbanks and recommended
stabilization measures.
Recommendations for approach embankment structural earth wall
including: embedment depth, foundation subgrade preparation, design
parameters, nominal bearing pressure, anticipated foundation
settlement, and wall backfill and drainage considerations.
Estimated settlement of the approach embankments.
Recommended foundation type (driven piles /drilled shafts);
recommended tip elevations; expected range of nominal axial capacity;
uplift capacity; downdrag loads; estimated settlements of bridge
foundations; additional lateral loads caused by lateral spreading; soil
parameters for input into L -Pile (or equivalent) lateral pile capacity
software.
Construction considerations for the recommended foundation type.
Discussion of the impacts of constructing the bridge abutment and
approach embankment on the existing dike located at the west side of
the bridge and any recommended mitigation measures.
181
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 8
Deliverables:
The results of our field explorations and geotechnical engineering analyses will
be summarized in a geotechnical report. The report will include a site plan
showing the exploration locations, summary logs of conditions observed in the
boring, results of the geotechnical and analytical laboratory testing, results of
the in situ infiltration tests, and a discussion of subsurface soil and
groundwater conditions at the explorations. Two copies of the report will be
submitted as a draft for review by the project team. Upon receipt of comments,
Landau Associates will prepare and submit four copies of a final geotechnical
report. An electronic PDF copy of both the draft and final geotechnical report
will be provided to the design team.
Landau Associates have also budgeted to attend one meeting in the Tukwila
area with the U.S. Army Corps of Engineer (USACE) and the local Dike District
to discuss the impacts of the proposed project on the existing dike, and a
project kick -off meeting at KPFF's Seattle office.
Task 5.0 Hydraulics
The Corps of Engineers (COE) has recertified the Green River Levee. The
recertification is only for the west bank, so the 100 -year flood plain on the east
side will be estimated at an elevation consistent with that determined by the COE.
The following is proposed for the hydraulic evaluation:
Task No. 5.01 Meet with Agencies
Meet with the Corps of Engineers and King County River and Floodplain
Management to obtain the best understanding of the ongoing studies and work
along Green River.
Task No. 5.02 Establish 100 -year Floodplain
Based on existing COE data of the Green River, establish the current elevation
of the 100 -year floodplain within the banks of the Green River.
No work is currently scoped to identify 100 -year flood boundaries within
properties beyond the west bank of the Green River or east of West Valley
Highway.
Task No. 5.03 Establish Structural Clearance
Confirm vertical clearance defined within preliminary documentation with King
County River and Floodplain Management and document negotiated vertical
clearance requirements for the bridge.
.i
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 9
Deliverables
Draft Hydraulic Technical Memorandum (six hardcopies, one electronic
copy)
Final Hydraulic Technical Memorandum (six hardcopies, one electronic
copy)
Task 6.0 Environmental and Permitting Services
This task covers consulting services to coordinate with regulatory agencies and to
provide required permit applications and associated environmental documentation
to obtain agency approvals for the proposed project.
Task No. 6.01 Team, Agency, and Pre Application Meetings
Landau Associates will assist in scheduling and participating in pre
application meetings with the City, Washington Department of Fish and
Wildlife (WDFW), USACE, and Washington Department of Natural Resources
(DNR) to coordinate permit conditions and easement requirements for the
project. Time is included to respond to agency comments on application
materials prepared in Tasks 6.02 through 6. 10, as presented below.
This task includes participation in at least two scoping meetings with WSDOT
Local Programs /FHWA and /or other potential state /federal funding agencies
to coordinate environmental documentation requirements associated with
project funding.
This task includes participation in up to six design team meetings and two
project workshops as identified in Task 1.05.
Assumptions
Five agency meetings at the project site are included in this subtask.
The six design team meetings and two project workshops will be held at
KPFF's offices in Seattle.
All time budgeted for meetings and workshops include travel time and
the deliverables mentioned in this task.
No additional studies will be required as part of the response to agency
comments.
Deliverables
Meeting summaries will be provided in e -mail correspondence.
Response to agency comments will be provided in e -mail correspondence
and within the associated documentation.
183
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 10
Task No. 6.02 State Environmental Policy Act (SEPA) Checklist
Landau Associates will prepare the SEPA Checklist for the project in
conformance with WAC 197 -11 -960 and City standards. The SEPA Checklist
(Checklist) will briefly describe the project and address the project's effects on
elements of the environment, as outlined in the Checklist. The Checklist will
include a list of permit requirements for the proposed project. To prepare the
Checklist, Landau Associates will use project design information and other
available studies prepared for the project, such as the documentation prepared
for the additional tasks /subtasks included in this proposal.
As necessary to complete the SEPA Checklist, Landau Associates will review
additional City documents such as the comprehensive plan, zoning code, and
other development regulations.
Assumptions
Additional studies for impacts associated with traffic, air, noise, or
housing are not included in this subtask.
Figures to be included with the checklist will be limited to those
prepared under other tasks in this scope of work.
The project will not require preparation of a SEPA Environmental Impact
Statement. Either a Determination of Non Significance (DNS) or a
mitigated DNS will be issued for the project.
City of Tukwila staff will prepare and publish the DNS (or mitigated
DNS).
Landau Associates staff will not attend a public hearing should one be
necessary.
Information to prepare the SEPA Checklist will be gathered from
interviews with agency /utility provider representatives and from readily
available public documents; no additional field work or other primary
investigations will be required.
Landau Associates will provide a draft copy of the SEPA Checklist to the
City and KPFF for review. KPFF will provide one set of consolidated
comments to Landau Associates, and Landau Associates will prepare a
final SEPA Checklist for publication by the City based on those
comments. Should additional rounds of review and comment be
requested by KPFF and /or City, a scope and budget amendment will be
required.
This proposal does not include time for Landau Associates to respond to
any public or resource agency comments on the SEPA Checklist after
the Checklist has been published for public comment.
;.I
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 11
Deliverables
An electronic (MS Word) copy of the draft SEPA checklist.
An electronic (Adobe PDF) and one paper copy of the final SEPA
Checklist.
Task No. 6.03 WSDOT Local Programs Environmental Classification
Summary/ Documented Categorical Exclusion
Landau Associates will prepare a WSDOT Local Agency Environmental
Classification Summary (ECS) with supporting documentation as required for
projects that receive federal funding through WSDOT (Environmental
Procedures Manual, Section 310.07). The ECS will include the recommended
National Environmental Policy Act (NEPA) determination (assumed to be a
Class II, Documented Categorical Exclusion). Landau Associates will
document this assumption according to the WSDOT Local Agency Guidance
(LAG) manual.
Task 6.01 includes participation in scoping meetings with WSDOT Local
Programs /FHWA regarding documentation requirements associated with
federal funding. At a minimum, this scope of services assumes that the ECS
will include a Phase I Environmental Site Assessment (see Task 6.04), effect
determination for species listed under the Endangered Species Act (ESA) and
Essential Fish Habitat (EFH) evaluation (see Task 6.05), a determination of
project impacts on cultural resources (see Task 6.06), and documentation of a
wetland /waterway delineation and mitigation sequencing (see Task 6.08 and
6.09). The ECS will also require a discussion of stormwater treatment and
detention, which will be based on design and information provided by KPFF.
Assumptions
The proposed project will receive funding from FHWA administered
through WSDOT Highways and Local Programs. The budget outlined for
this task may be used for completion of similar NEPA categorical
exclusion documentation required if funding is provided by other federal
agency.
The proposed project will be determined to be a Class II Documented
Categorical Conclusion (DCE) and neither a NEPA Environmental
Impact Statement nor an Environmental Assessment will be required.
Air Quality, Noise, Section 4(f)/6(f), Floodplain, and Environmental
Justice analyses will be documented in the ECS. Individual discipline
reports and modeling efforts will not be required for these elements of
the environment.
Wetlands/ waterways impacts will be avoided.
185
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 12
Deliverables
An electronic (Adobe PDF) copy of the draft ECS.
An electronic (Adobe PDF and FileMaker Pro) copy of the final ECS.
Task No. 6.04 Phase I Environmental Site Assessment
Landau Associates will conduct a Phase I Environmental Site Assessment
(ESA) for the residence located on a portion of King County Parcel number
0005800033 "residential property and a Screening -Level Environmental
Assessment for the approximately 600 -foot trail alignment that extends east
through the parking lot of Riverview Plaza from Baker Boulevard to the Green
River "easement property;" to include up to four parcels). Additionally, a
limited Phase II task will be performed for the residential property, consisting
of a pre demolition Asbestos Containing Materials (ACM) and Lead -Based Paint
(LBP) Survey of the existing building on the residential property. These efforts
will document the history of use and current conditions of the residential
property and the easement property, and will identify and evaluate
environmental conditions that may represent liabilities to the City.
Landau Associates will conduct the Phase I ESA and Screening -Level
Environmental Assessment in general accordance with the ASTM International
(ASTM) Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process, E 1527 -05 (as currently applied in
the State of Washington), and with the scope of work as modified for this
project. The ASTM standard, while subject to changes (as are all ASTM
standards), is recognized as generally meeting the due diligence provisions of
the federal statute [Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) 42 USC 9601(35) (B)] and the Washington State
Model Toxics Control Act (MTCA) (RCW 70.105D.040) at the time this proposal
was prepared. ASTM E 1527 -05 was published in November 2005 to satisfy
the elements of the U.S. Environmental Protection Agency's (EPA) All
Appropriate Inquiry (AAI) rule. This rule establishes requirements that
purchasers must meet to limit their environmental liability under CERCLA and
qualify for protections, including the "Bona Fide Prospective Purchaser" and
"Contiguous Property Owner" defenses that were added by the amendments to
CERCLA passed by Congress in 2002.
The goal of the assessment process outlined in ASTM E 1527 -05 is to identify
recognized environmental conditions, which are defined as the presence or likely
presence of any hazardous substances or petroleum products under conditions
that indicate an existing release, a past release, or a material threat of a
release of any hazardous substances or petroleum products into the ground,
groundwater, or surface water of the residential property and the easement
property. The term includes hazardous substances or petroleum products
even under conditions in compliance with laws. The term is not intended to
include de minimis conditions that generally do not present a threat to human
health or the environment and that generally would not be the subject of an
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 13
enforcement action if brought to the attention of the appropriate governmental
agencies.
Elements not included in ASTM E 1527 -05 (e.g., identification, sampling, and
analysis of asbestos, radon, lead paint, and lead in drinking water and /or
wetlands; regulatory compliance; cultural and historic resources; indoor air
quality and vapor intrusion, including the potential presence of mold or other
biological contaminants; industrial hygiene; health and safety; ecological
resources; and endangered species) are not included in this task, except for the
Asbestos and Lead -Based Paint Survey discussed below, which will be
performed for the existing building on the residential property.
It is important to understand that Phase I ESAs are not a means of finding
"everything there is to know about a property." Rather, they are attempts to
determine the environmental liabilities of a property or properties based on
reasonably available documentation (both oral and written) within the budget
and schedule limitations. This approach will be applied to this task for the
Phase I ESA for the residential property, which will include:
Reviewing available aerial photographs, historical fire insurance maps,
topographic maps, city or county maps and street directories, and local
historical information to assess past uses of residential property and
adjacent properties from the present back to their first developed use, or
back to 1940, whichever is earlier.
Reviewing listings from a subcontracted database service
(Environmental Data Resources, Inc.) of confirmed and suspected
contaminated sites abstracted from EPA, tribal, and Ecology
environmental databases, as prescribed by ASTM. ASTM requires that
these databases be searched for confirmed and suspected contaminated
sites within various distances up to a 1 -mile radius of the residential
property.
Contacting the local health and fire departments for information they
may have on environmental conditions at and immediately adjacent to
the residential property.
Conducting a site reconnaissance of the residential property to visually
and physically observe current land use activities and environmental
conditions. Conditions at the residential property will be documented
with notes and photographs. We will assess current uses at adjoining
properties from the residential property and public rights -of -way to the
extent that they are visually and /or physically observable.
Preparing a draft written report presenting the results of the Phase I
ESA for City review. The report will identify data gaps in our
assessment, our efforts to fill them, and comments on whether the data
gaps are significant and affect our overall findings.
Preparing a final report incorporating City comments, as appropriate.
187
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 14
Additionally, an ACM and LBP survey will be conducted of the existing building
on the residential property by RGA Environmental, Inc. (RGA), as a
subconsultant to Landau Associates, to identify ACM and LBP, if present.
ACM will require removal prior to demolition of the structure. The presence of
LBP will require special work practices during demolition and lead containing
building materials will require characterization prior to disposal.
The survey of the existing building on the residential property will include the
following activities:
Inventory of suspect ACM within the residence by a building inspector
accredited under the Asbestos Hazard Emergency Response Act of 1986
including:
o Identification of approximate quantities and locations of suspect
ACM
o Collection of up to 35 samples of visible suspect ACM
o Submittal of samples of suspect ACM to a laboratory accredited by
the National Voluntary Laboratory Accreditation Program for analysis
of asbestos by polarized light microscopy.
Collection of up to 12 samples of painted surfaces from throughout the
residence and submittal of samples to an accredited laboratory for
analysis of lead by Flame Atomic Absorption (AA) for Total Lead reported
in parts per million (PPM)
Collection of one bulk building material sample for lead analysis for
waste disposal characterization (using the toxicity leaching procedure
analysis)
The results of the ACM and I
memorandum. Attached to tl
provided by RGA including the
locations of ACM and LBP in 1
and /or LBP identified, and
considerations based on the
analysis.
Assumptions
BP survey will be summarized in a technical
e technical memorandum will be information
analytical results, figures showing the specific
ze residence, the estimated quantities of ACM
worker protection and materials disposal
results of the ACM and LBP sampling and
The residential property consists of a 0.28 -acre parcel that consists of
two pieces; the existing residential building occupies the southern -most
portion, and undeveloped land occupies the northern -most portion. The
northern -most portion of the parcel is not included in the Phase I ESA
for the residential property.
The City will provide copies of available environmental information
about the residential and easement properties including any previous
investigations or surveys.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 15
The City will provide Landau Associates a completed copy of the "User
Provided Information Request Form" prior to completion of the Draft
Phase I ESA report. Landau Associates will provide the blank form.
The City will arrange for access and any necessary rights -of -entry to the
residential and easement properties.
The City will provide access to individuals /owners /tenants familiar with
historical operations at the residential and easement properties.
Conditions at immediately adjoining properties may not be observable
from accessible roads on the residential and easement properties or
from public access areas and, as a result, may not be identified during
the site reconnaissance.
Deliverables
An electronic (Adobe PDF) copy of the draft Phase I ESA and Screening
Level Environmental Assessment report and the draft ACM and LBP
Survey technical memorandum.
An electronic (Adobe PDF) and three paper copies of the final Phase I
ESA and Screening -Level Environmental Assessment report and the
final ACM and LBP Survey technical memorandum.
Task No. 6.05 Biological Assessment (BA) Section 7 Endangered Species
Act (ESA); Magnuson- Stevens Act Essential Fish Habitat (EFH) Evaluation
Landau Associates will prepare a BA for selected species federally listed as
threatened or endangered in the action area under the ESA and EFH
Evaluation for the proposed project. Landau Associates will obtain updated
species lists from agency websites, request site specific species and habitat
information from the WDFW priority habitats and species database, and review
information from the Washington Natural Heritage Program.
Evaluation of specific project details, such as construction techniques and
equipment used, timing of construction, and best management practices
(BMPs) will be based on information provided by KPFF.
The report will establish the project action area, which incorporates the
furthest extent of both aquatic and terrestrial impacts. Appropriate
environmental baseline information and species history will be summarized in
the BA. A determination of "no effect' (NE) or "may effect, not likely to
adversely affect' (NLAA) is anticipated. The project is not expected to impact
EFH.
Landau Associates will prepare a draft BA and EFH for review and comment by
KPFF and the City, and then a final document.
W e
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 16
Assumptions
The BA will be drafted using the current WSDOT template.
30% to 60% level of design will be sufficient for preparation of the BA
and EFH Evaluation report.
The project will have a NE or NLAA determination on listed species or
their designated critical habitat and a formal Biological Opinion will not
be required. The project will have no adverse impact to EFH.
WSDOT BA procedures for calculating the extent of aquatic impacts will
be used.
At the request of the Federal funding agency, this task includes
participation at two meetings with agency staff from the U.S. Fish and
Wildlife Service (USFWS) or National Oceanic and Atmospheric
Administration (NOAA) Fisheries. The meetings are assumed to be at the
agency offices in Olympia, and include travel to /from Landau
Associates' Edmonds office.
The proposed project does not include in -water pile driving or blasting.
This task includes efforts to perform one 6 -month update review of
species listings. These efforts do not include analysis of project impacts
to additional species.
Design and construction details required for permit applications that are
not directly related to a critical areas determination will be provided to
the Landau Associates biologist. Such elements include, but are not
limited to, stormwater drainage report; temporary sediment and erosion
control plan; proposed construction timing, sequencing and duration;
and primary types of construction equipment to be used.
The budget and scope does not include monitoring of any federally listed
or state listed species during construction activities. Should any
monitoring of these species be required, an addendum to this scope and
budget can be prepared.
Deliverables
An electronic (Adobe PDF) copy of the draft BA and EFH Evaluation
report.
An electronic (Adobe PDF) and three paper copies of the final BA and
EFH Evaluation report.
Task No. 6.06 Cultural Resources Investigation
Landau Associates will obtain the services of Equinox Research and Consulting
International Inc. (ERCI) to support the City in determining cultural resources
in the project area in compliance with Section 106 of the Historic Preservation
Act and the Governor's Executive Order 05 -05.
ERCI will perform the following activities under Task 6.05:
ims
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 17
Assist the client in developing an Area of Potential Effects (APE).
Prepare for and participate in project related meetings as requested.
Carry out background research on the project and study area including
reviewing the research previously carried out by Landau Associates.
Design and implement archaeological field testing for prehistoric and
historic period sites Landau Associates estimate 40 or fewer shovel
tests will be required to test the areas of the project that are not covered
with asphalt or otherwise inaccessible.
Fill out archaeological site /isolate inventory forms for all sites
encountered during testing.
Determine eligibility (National Register of Historic Places) on all sites
encountered during testing.
Analyze survey results and prepare recommendations in a report in
compliance with tribal, federal, or /and state regulations.
Landau Associates will assist ERCI in identifying the Area of Potential Effects,
provide coordination of field services, and provide report review for consistency
with other project documents.
Assumptions
Human remains will not be found during field testing.
A Memorandum of Agreement (federal process for disturbing an
archaeological site) or State Permit Application for site disturbance is
not included in this scope.
Preparation of Historic Property Inventory Forms is not included in this
scope.
Deliverables
Draft and final Cultural Resources Assessment report, including
required digital and up to 5 paper copies of final report required for
agency review/ approval.
191
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 18
Task No. 6.07 Shoreline Permit Submittal
Landau Associates will prepare additional documentation as required by the
Tukwila Municipal Code (TMC) for a shoreline substantial development permit.
Landau Associates will complete the City's Shoreline Permit, application and
associated documentation, including a SEPA Checklist (see Task 6.02), two
sets of mailing list labels and a figure for property owners within 500 ft of the
project. Information required as part of the application also includes five
copies of the following:
Description of project consistency with decision criteria
Vicinity map
Shoreline Site plans (top of bank, landward catch point toe of levee,
riverbank toe, mean high water mark, and 100 -year base flood elevation,
appropriate setbacks, maintenance easements, limits of construction)
Sensitive area study documentation and plans
Cross sections
Landscape plans
Civil plans
Landau Associates will prepare the City of Tukwila Tree Clearing Permit
application, which will be included with the Shoreline Permit application
package. The "description of project consistency with decision criteria"
listed above will include reference to the City's tree regulations.
Assumptions
The City will pay all the applicable permit application fees.
Landau Associates staff attendance at a Hearing Examiner meeting is
included in this scope of services.
A tree survey will be completed by KPG and incorporated into the plans.
Trees to be identified are (Cottonwood excluded) 4 inches or more in
diameter as measured 4.5 feet above grade and cottonwoods 12 inch
dbh (diameter breast high) or greater within 100 ft of the river.
Construction will begin within two years of permit approval and be
completed within five years.
30% design plans will be suitable for the permit application, and the
City will waive the requirement that civil plans be stamped, signed and
dated by a licensed professional engineer as part of the permit
application.
192
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 19
Deliverables
An electronic (Adobe PDF) copy of the draft Shoreline Permit application
submittals.
An electronic (Adobe PDF) and required paper copies of the final
Shoreline Permit application submittal(s).
Task No. 6.08 Wetland /Waterway Delineation
Landau Associates will conduct wetland delineations in accordance with the
2010 USACE Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Western Mountains, Valleys, and Coast Region. The
ordinary high water mark (OHWM) of waterways, including the Green River,
will be delineated using guidance provided in Ecology's Determining The
Ordinary High Water Mark on Streams in Washington State.
Landau Associates will compile and review environmental information from
readily available public domain resources to gain a general understanding of
potential wetland issues at the site. Public domain resources include, but are
not limited to:
Natural Resources Conservation Service Soil Survey data
National Wetlands Inventory mapping
Local Critical Areas mapping
U.S. Geological Survey topographic mapping
Recent aerial photography
The field investigation will include an examination of vegetation, soils, and
hydrology within the study area between the Baker Boulevard/ Christensen
Road intersection to the west shoulder of West Valley Highway. Flagging will
be placed along the wetland /waterway boundaries and will be confined to the
project footprint. Any wetland /waterway habitat that extends beyond the
project footprint, and within 200 ft, will be estimated both visually and using
public domain resources to assess wetland extent. Included in this task is
time to provide the project surveyors with a hand sketch of wetland /waterway
boundaries to assist the surveyors to locate project flagging. We also included
time to review the survey map and request any necessary changes to
accurately represent existing wetland /waterway conditions.
Wetlands within the study area will be rated in accordance with Ecology's
Washington State Wetland Rating System for Western Washington, and buffer
widths will be determined in compliance with the Critical Areas Regulations.
Stream typing and buffer widths are based on Chapter 18.45 of the TMC, and
the water typing system presented in Chapter 222 -15 -131 of the Washington
Administrative Code (WAC).
193
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 20
Landau Associates will prepare a draft Wetland and Waterway Delineation
Report in a format acceptable to the City and other regulating agencies that
will include:
A summary of the methodology used
The size and rating of each wetland and waterway; a characterization of
wetland vegetation, soils, and hydrology; and field data sheets
A scaled site map showing the locations of wetland /waterway
boundaries and buffers, locations of wetland data plots, and site
topography
Supporting photographs
The draft report will be provided to KPFF and the City for review. Comments
will be reviewed and incorporated into a Final Wetland and Waterway
Delineation Report. The delineation report will be used in pre- application
meetings for the purposes of discussing potential project impacts and
determination of agency jurisdiction.
Assumptions
Flagging will be placed only within the project boundaries where
accessible.
KPFF will supply survey information in AutoCAD format to Landau
Associates pertaining to the delineation and project plans.
The results of the delineation and delineation report will be used in
developing the 30% design.
Avoidance of impacts to wetlands and the Green River is an integral part
of the design to avoid the need for USACE permits for in -water work.
Deliverables
An electronic (Adobe PDF) copy the draft and three paper copies of final
Wetland and Waterway Delineation Report
Task No. 6.09 Critical Areas Report
Landau Associates will support the project team in the calculation of the area
of impacts to wetlands, waterways, and /or their buffers based on the 30%
project plans. Areas of impact will be calculated in AutoCAD and will be
summarized in the Critical Areas Report described below.
Landau Associates will support the project team in determining adequate
wetland /waterway impact avoidance measures. A conceptual compensatory
mitigation plan will be developed by Landau Associates for unavoidable
impacts to buffers. The conceptual compensatory mitigation will include a
planting plan.
194
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 21
Landau Associates will prepare a draft Critical Areas Report in accordance with
Chapter 18.45 of the TMC, and to meet standards of other state regulatory
agencies. The report will include information from the Wetland and Waterway
Delineation Report, and incorporate any necessary mitigation. This will
include:
A summary of the methodology used
A description of impacts to wetland buffers and /or shoreline buffers
A conceptual buffer mitigation planting plan (equivalent to 30% level)
including: mitigation goals, objectives, and performance standards; a
timeline for mitigation monitoring and reporting; and contingency plans,
as necessary
The draft report will be provided to KPFF and the City /agencies for review.
Comments will be reviewed and incorporated into a Final Critical Areas Report
for Wetlands and Waterways.
Assumptions
Impacts to wetlands and below the OHWM of waterways will be avoided.
Project impacts will be limited to buffers only.
Formal specifications will not be required as part of the report and /or
conceptual design.
Buffer mitigation can be accommodated on site (within the project
limits). If offsite mitigation is required, the City will identify a suitable
site to accommodate the required mitigation and potential out -of -scope
work will be determined at that time.
Conceptual mitigation plans and notes will not be incorporated into the
overall plan set until the 60% level (see Task 6.10).
KPFF will be responsible for coordination with the City and Landau
Associates during review and finalization of the document bid package.
30% design plans will be suitable for impact calculation and
development of conceptual mitigation plans.
Deliverables
An electronic (Adobe PDF) and paper copy of the draft Critical Areas
Report for Wetlands and Waterways.
An electronic (Adobe PDF) and three paper copy of the Final Critical
Areas Report for Wetlands and Waterways.
195
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 22
Task No. 6.10 -Mitigation Construction Documents
This task consists of the design services necessary to prepare and complete the
construction documents for the mitigation design discussed in the Critical
Areas Report. Landau Associates will be responsible for submitting
construction documents at the 60 percent, 90 percent, and 100 percent levels.
Landau Associates will prepare Divisions 2 through 9 of the Special Provisions
(or equal sections if in a different specifications format) for the mitigation
component of the proposed project. It is understood that only those divisions
that are necessary for work related to the mitigation component of the
proposed project will be included. The format will be the Washington State
Department of Transportation's standard format.
Landau Associates will prepare estimated quantities and associated costs for
the mitigation planting design. The estimate will be based on the plans and
specifications and will be prepared in accordance with the format established
by the City.
It is assumed that KPFF will provide examples of the most current
specifications, estimated quantities and associated costs, bid tabs, and any
AutoCAD base files needed to complete the plan set.
Assumptions
It is assumed that the mitigation planting area will not exceed 1 acre.
Permanent irrigation design is not included in this task.
Grading design and grading plans are not included in this task.
A Temporary Erosion and Sediment Control Plan is not included in this
scope. Some erosion control design is anticipated, but any erosion
control elements are expected to be minor and be coordinated with KPFF
for incorporation into the TESC plan(s) done by others.
A Notice of Intent, a Construction Stormwater General Permit and /or a
Stormwater Pollution Prevention Plan is not included in this task.
The CAD drawings produced will be based on Landau Associates
standard in -house format. If specific CAD standards beyond this are
needed, that information will be provided to Landau Associates.
Deliverables
Plans, specifications, and estimated quantities and associated costs for
the mitigation planting design each at 60 percent, 90 percent, and 100
percent submittals (up to 3 sheets, 22- x 34 -inch sheets at full size).
Items included in each submittal are as follows:
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 23
30 Percent Submittal (conceptual plan as part of Task 6.09)
o Preliminary Estimated Quantities and Associated Costs (in Microsoft
Excel and /or PDF format).
60 Percent PS &E Submittal:
o 60% level plan set (3 sheets in PDF format)
o Specification Outline (in Microsoft Word and /or PDF format)
o Updated Estimated Quantities and Associated Costs (in Microsoft
Excel and /or PDF format)
o Response to City 30% Comments (via email or Microsoft Word
format)
90 Percent PS &E Submittal:
o 90% level plan set (3 sheets in PDF format)
o Draft Specifications (in Microsoft Word and /or PDF format)
o Updated Estimated Quantities and Associated Costs (in Microsoft
Excel and /or PDF format)
o Response to City 60% PSE Comments (via email or Microsoft Word
format)
Final PS &E Submittal:
o Final plan set (3 sheets in PDF format and one signed original full
sized set)
o Final Specifications (in Microsoft Word and /or PDF format)
o Finalized Estimated Quantities and Associated Costs (in Microsoft
Excel and /or PDF format)
o Response to City 90% PSE comments (via email or Microsoft Word
format)
Task No. 6.11 Joint Aquatic Resources Permit Application (DARPA)
The JARPA will include project specific information including a list of
adjacent property owners. This task includes time for coordination and
revisions with KPFF, the City and /or agencies, as needed, to provide
accurate information on the DARPA, including a narrative of project
information.
The DARPA will be suitable for submittal to reviewing agencies, including
but not limited to WDFW for the Hydraulic Project Approval (HPA), DNR,
and the City. Full- or half -size project drawings will be provided with
submittal to reviewing agencies. The SEPA threshold determination issued
by the City (DNS or mitigated DNS) must be included as part of the
submittal package to WDFW. Coordination with reviewing agencies
regarding the DARPA is in included in Task 16.01.
197
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 24
Assumptions
The project will not include any dredge /fill activity in any waters of the
U.S. and will not require a Section 404 permit from the USACE.
The Green River is not a navigable waterway subject to regulation under
Section 10 of the Rivers Harbor Act.
Project plans will include a survey of the OHWM.
Deliverables
An electronic (Adobe PDF) copy of the draft DARPA for review and
approval.
An electronic (Adobe PDF) copy of the final DARPA and three paper
copies of the final DARPA.
Task No. 6.12 Aquatic Lands Easement
DNR will require an Application for Authorization to Use State -Owned Aquatic
Lands for the bridge crossing over the Green River. Landau Associates will
complete the application form and include a copy of the DARPA as a component
of the submittal to DNR. Coordination with DNR regarding Application for
Authorization to Use State -Owned Aquatic Lands in included in Task 16.01.
Assumptions
The project will not include any dredge /fill activity in any waters of the
U.S. and will not require a Section 404 permit from the USACE.
The Green River is not a navigable waterway subject to regulation under
Section 10 of the Rivers Harbor Act.
Project plans will include a survey of the OHWM.
All other agency permits will be included with the application.
Deliverables
An electronic (MS Word) copy of the draft Application for Authorization
to Use State -Owned Aquatic Lands for review and approval.
An electronic (Adobe PDF) copy of the final Application for Authorization
to Use State -Owned Aquatic Lands.
Task 7.0 Project Workshops
Task No. 7.01 Internal Team PSE Kick -Off Meeting
The team shall meet to discuss the previous work completed on the project and
develop an approach to move forward to be shared and discussed in a project
kick off meeting with the City.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 25
Task No. 7.02 TSL Review Project Kick Of Meeting
The team shall meet with the City to review the work completed for the TSL
Study and discuss the preferred alternative being advance through
construction documents.
Task No. 7.03 Tied Arch Concept Workshop
The team shall meet with the City to discuss tied arch concepts.
Task No. 7.04 West and East Approach Concept Workshop
The team shall meet with the City to discuss approach concepts.
Task No. 7.05 Final Concept Selection Workshop
The team shall meet with the City to finalize the tied arch and approach
concepts.
Task No. 7.06 Public Outreach
KPFF and LMN shall support the City by attending and supplying the following
graphics for a single public outreach meeting.
Workshop Graphics
o Tied Arch Alternative Sketches
o West Approach Sketches
o East Approach Sketches
o Connection Detail Sketches
o Surface Finish Examples
o Color Examples
199
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 26
Deliverables
Preferred Alternative Graphics
o (1) One physical Study level model, scale to be determined.
o (6) Six "Sketch -Up" quality renderings
Attendance at the TSL Review Project Kick -Off Meeting including the
creation of the agenda and graphics.
Attendance at the Tied Arch Workshop including the creation of the
agenda and graphics.
Attendance at the West and East Approaches Workshop including the
creation of the agenda and graphics.
Attendance at the Final Overall Concept Workshop including the
creation of the agenda and graphics.
Attendance at a one (1) Public Outreach meeting including creation of
graphics.
Task 8.0 Civii Engineering
KPFF shall perform the civil engineering support work necessary to finalize the
concept and complete construction documents for the project.
Task No. 8.01 Concept Workshops and Preferred Alternative Selection
KPFF will assist in the development of approach alternatives for presentation
in the workshops outlined in Task No. 7.0.
Upon completion of the selection of the preferred alternative, KPFF shall move
the following civil engineering tasks forward through complete construction
documents.
Task No. 8.02 Site Preparation and Demolition
KPFF shall identify demolition and other site preparation work necessary for
the construction of the pedestrian facility.
200
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 27
Task No. 8.03 Horizontal and Vertical Layout
KPFF shall establish a construction horizontal and vertical alignment for the
pedestrian trail and bridge based on project control points and benchmarks.
This work shall also include design and layout of other related facilities such
as ADA ramps, curb ramps, etc, necessary for the pedestrian trail to tie to
existing grade and necessary grades established for the pedestrian bridge.
This work shall also include design and layout for accommodating vehicular
crossing of the pedestrian trail, and design of features to address safety for this
issue.
Work shall also include rechannelization of Baker Boulevard. to reconfigure the
roadway from four lanes to two lanes and bike lanes and parking. Work
includes reconstruction of curb returns for curb bulbs for development of
parking.
KPFF shall develop plans for new vehicular accesses identified within the
parking lot circulation study, task 8.08.
Task No. 8.04 Grading and Paving
KPFF shall develop the necessary typical sections and proposed terrain model,
and establish finish grade and grading limits for the improvements. KPFF shall
develop cross sections at a 25 -foot interval showing the existing and proposed
grades. KPFF will meet with and coordinate with King County Flood District
and U.S. Army Corps of Engineers (USACE) personnel to coordinate, protect,
and address their concerns with the project and anticipated construction and
disturbance within the western Levee of the Green River. (Assume 2 meetings).
Assumptions
No finish grade contours are included in this work. All grades will be
established with the proposed horizontal alignment, vertical alignment,
and typical section.
Detail sheets are not included in the 30% submittal.
City will obtain necessary permits with the (USACE) for abutment work
in the Levee.
Task No. 8.05 Temporary Erosion and Sedimentation Control
KPFF shall prepare temporary erosion control plans and details. Plans will be
prepared to a format consistent with the KCSWDM and the City's standard
details.
201
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 28
Assumptions
Detail sheets will only include special construction. Standard details for the
City of Tukwila and /or the Washington State Department of Transportation
(WSDOT) will be referenced on the Plans, but will not be included in the plan
set detail sheets.
Detail sheets are not included in the 30% submittal.
General notes are not included in this work.
Task No. 8.06 Surface Water
KPFF shall prepare a storm drainage technical information report (TIR)
following general format of the 2009 King County Surface Water Design
Manual (KCSWDM) to identify runoff volumes. TIR shall not address all core
requirements for the project improvement. It will, however, address decisions
regarding stormwater impacts and verification of existing conveyance
capacities. Draft TIR shall be submitted with the 30% design documents.
Final TIR will be submitted during the completion of the PSE package,
incorporating City comments.
KPFF shall also study to find if any areas will be suitable for infiltration of
storm water runoff, and integrate infiltration facilities to the extent determined
by the City.
Storm drainage plans will be developed to show necessary modifications to the
existing drainage facilities.
Assumptions
Water quality facilities will not be required due to the non pollution
generating characteristics of pedestrian facilities.
Detention is required. The project site currently drains to the Green
River.
Work includes plans showing storm drainage profiles. Pipe lengths,
types, and invert elevations will be shown.
Detail sheets will only include special construction. Standard details for
the City of Tukwila and /or the Washington State Dept. of
Transportation (WSDOT) will be referenced on the Plans, but will not be
included in the plan set detail sheets.
Detail sheets are not included in the 30% submittal.
Terrain model information for off -site runoff assessment will be provided
by the City.
202
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 29
Task No. 8.07 Utilities
KPFF shall design necessary relocations for City owned or privately
owned utilities disturbed by the project.
KPFF shall coordinate identification of utility relocations for any
franchise utilities being disturbed within public Right of Way (R /W).
KPFF shall meet and coordinate with Seattle Public Utilities (SPU) to
coordinate, protect, and address their concerns with the project and
their existing 60 -inch waterline. (Assume 3 meetings).
Assumptions
Private utilities shall be located by survey, and are not included within
this task.
Detail sheets will only include special construction. Standard details for
the City of Tukwila and /or the Washington State Department of
Transportation (WSDOT) will be referenced on the Plans, but will not be
included in the plan set detail sheets.
Detail sheets are not included in the 30% submittal.
Potholing for determining utility depths is not included in this work. The
City will be responsible for coordinating with the utility companies to
perform any required potholing.
Necessary utility relocations will be shown on the Storm and Utility
Plans. Due to the small amount of anticipated work, separate utility
plans are not included at this time.
Work addresses existing utilities. No new utility construction is
currently included in this work.
Task No. 8.08 Channelization and Signing
KPFF shall design necessary channelization, roadway signing, and striping
work for the proposed construction and to address impacts to the existing
parking layout on site.
Work shall also include a study to identify alternative driveway relocation and
internal circulation for Riverview Plaza's parking lot.
Work shall also include rechannelization of Baker Boulevard from Andover
Park W. to Christensen Road. to change configuration from four lanes to two
lanes with bike lanes and parking, per configuration provided and negotiated
with the City. This work will also include turning movement assessment for
reconstruction of the curb returns.
203
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 30
Assumptions
Detail sheets will only include special construction. Standard details for
the City of Tukwila and /or the Washington State Dept. of
Transportation WSDOT) will be referenced on the Plans, but will not be
included in the plan set detail sheets.
Detail sheets are not included in the 30% Design submittal.
Pedestrian trail facilities and wayfinding signs are not included in this
task.
Temporary traffic control and temporary pedestrian route plans are not
currently included in this work.
City will facilitate coordination of rechannelization of Baker Boulevard
with the other City departments.
Task No. 8.09 Cost Estimate
KPFF shall compile construction quantities for work identified on the Plans.
The cost estimate shall be based upon WSDOT Standard Specifications and
Standard Item Table. These quantities and costs shall be updated for each
submittal and shall include backup documentation for each item quantity.
Assumptions
City shall provide copies of their latest bid tabulations for recent public
works contracts.
City shall provide unit cost for easements needed, including acquisition,
appraisal, etc.
Task No. 8.10 -Specifications
KPFF shall compile specifications for civil work. 60% submittal shall be an
outline of identified sections within WSDOT Standard Specifications and
identified Special Provisions. 90% and 100% shall include all special
provisions required for the bid items identified.
Assumptions
City shall provide all front end documents and Contract Boilerplate for
specifications.
Deliverables (Electronic and Hard Copies)
Anticipated Civil Plan Sheets (Sheet Count: ±23)
o Site Preparation (3 sheets)
o TESC Plans (2 sheets)
o TESC Detail (1 sheet)
204
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 31
o Roadway Sections (1 sheet)
Plan /Profile sheets (3 sheets)
Paving Detail (1 sheet)
o Drainage (3 sheets)
o Drainage Detail (1 sheet)
o Utility (3 sheets)
Utility Detail (1 sheet)
Channelization and Signing (3 sheets)
o Channelization Detail (1 sheet)
30% Submittal
o Draft Technical Information Report (Drainage Report)
o Site Preparation (3 sheets)
o TESC Plans (2 sheets)
o Roadway Sections (1 sheet)
o Plan/Profile sheets (3 sheets)
o Drainage (3 sheets)
o Utility (3 sheets)
o Channelization and Signing (3 sheets)
o Preliminary Estimated Quantities and Associated Costs (3 copies)
60 Percent PS&.E Submittal:
o Final Basis of Design
0 60% level plan set (3 sets 11x17)
o Specification Outline (3 copies)
o Updated Estimated Quantities and Associated Costs (3 copies)
o Response to City 30% PSE Comments (3 copies)
90 Percent PS &E Submittal:
0 90% level plan set (3 sets- 11x17)
o Draft Specifications (3 copies)
o Updated Estimated Quantities and Associated Costs (3 copies)
o Response to City 60% PSE Comments (3 copies)
Final PS&,E Submittal:
o Final plan set (3 sets 11x17)
o Final Specifications (3 copies)
205
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 32
o Finalized Estimated Quantities and Associated Costs (3 copies)
o Response to City 90% PSE comments (3 copies)
Task 9.0 Structural Engineering
KPFF shall perform the structural engineering work.
KPFF shall provide structural engineering for the Plans, Specifications, and
Estimate (PSE) design phase of the Tukwila Urban Center Pedestrian/ Bicycle
Bridge.
Task No. 9.01 Basis of Design
KPFF shall submit a written basis of design to summarize the design process
and criteria.
Task No. 9.02 Bridge Design
KPFF shall provide structural engineering for the PSE design for the pedestrian
bridge. The design shall include the bridge superstructure and foundations
from the Green River levee on the river's west side to the triangular property on
the river's east side.
Components of the bridge design shall include the following items:
Deep foundations such as piles or shafts for support of the abutments.
West and east abutment substructures
Arch design
o Arch steel pipes
o Arch connection to the abutments
o Arch tension ties and tie connections
o Arch connections
Deck superstructure framing
Deck slab
Deck safety railings
Arch suspension hangers and associated connection
O
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 33
Task No. 9.03 West Approach Ramp Design
KPFF shall provide structural engineering for the PSE design of the west
landing ramp. The design shall be ADA compliant and include the ramp
superstructure and foundations.
Components of the west approach ramp design shall include the following
items:
Approximately 200 feet of ramp structure
Four (4) shaft foundations
Four (4) concrete columns
Structural earth walls
Steel superstructure
Deck slab
Hand railing
Task No. 9.04 East Approach Ramp Design
KPFF shall provide structural engineering for the PSE design of the east
landing ramp. The design shall be ADA compliant and include the ramp
superstructure and foundations.
Components of the east approach ramp design shall include the following
items:
Approximately 100 feet of ramp structure
Four (3) shaft foundations
Four (3) concrete columns
Structural earth walls
Steel superstructure
Deck slab
Hand railing
207
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 34
Task No. 9.05 Miscellaneous Structures
KPFF shall provide structural engineering for the PSE design of miscellaneous
structures such as way finding signs, retaining walls, etc.
Miscellaneous structures shall include the following items:
Wayfinding sign supports and foundations
Protective structures for existing utilities
Structural retaining walls
Lighting supports and foundations
Deliverables (Electronic and Hard Copies)
Anticipated Structural Plan Sheets (Sheet Count: t58):
o General Notes Abbreviations
o General Plan Elevation
o Horizontal Control Plan
Construction Sequence (2 Sheets)
Foundation Layout
o Pile Details
o West Abutment Plan Elevation
o West Abutment Details
o East Abutment Plan Elevation
o East Abutment Details
o Superstructure Layout
o Arch Plan Elevation
Arch Sections (2 Sheets)
Arch Details (3 Sheets)
Arch Tension Ties
o Arch Tension Tie Details
Deck Framing Plan Elevation (2 Sheets)
Deck Framing Plan
Deck Sections (2 Sheets)
Deck Details (2 Sheets)
Arch Connection Details (3 Sheets)
Deck Vertical Support Layout (2 Sheets)
W
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 35
o Deck Vertical Support Sections (2 Sheets)
o Deck Vertical Support Details (3 Sheets)
o West Approach Plan Elevation
o West Approach Foundation Plan Elevation
o West Approach Superstructure Sections
o West Approach Superstructure Details (2 Sheets)
o West Approach Deck Sections
West Approach Deck Details (2 Sheets)
East Approach Plan Elevation
o East Approach Foundation Plan Elevation
o East Approach Superstructure Sections
o East Approach Superstructure Details (2 Sheets)
o East Approach Deck Sections
o East Approach Deck Details (2 Sheets)
o Main Span Handrail Layout Details (2 Sheets)
West Approach Handrail Layout Details
East Approach Handrail Layout Details
o Miscellaneous Structures (2 Sheets)
30 Percent PS &E Submittal:
o Draft Basis of Design
0 30% level plan set (3 sets- 11x17)
o Preliminary Estimated Quantities and Associated Costs (3 copies)
60 Percent PS &E Submittal:
o Final Basis of Design
o 60% level plan set (3 sets 11x17)
o Specification Outline (3 copies)
o Updated Estimated Quantities and Associated Costs (3 copies)
o Response to City 30% PSE Comments (3 copies)
90 Percent PS &E Submittal:
0 90% level plan set (3 sets- 11x17)
o Draft Specifications (3 copies)
o Updated Estimated Quantities and Associated Costs (3 copies)
o Response to City 60% PSE Comments (3 copies)
209
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 36
Final PS&,E Submittal:
Final plan set (3 sets- 11x17)
Final Specifications (3 copies)
Finalized Estimated Quantities and Associated Costs (3 copies)
Response to City 90% PSE Comments (3 Copies)
Task 10.0 Bridge Aesthetics Collaboration
LMN will collaborate with the team on overall bridge approach structure
aesthetics, and will provide documentation supporting the PSE effort.
Task No. 10.01 Design Development and Coordination (30% PSE)
LMN shall submit a written Draft Basis of Design to summarize the
architectural design process and criteria, and shall provide design option
graphics for design workshops. LMN shall document, in drawings, the Draft
Basis of Design for the 30 Percent PS&E Submittal. In addition to Preferred
Alternative Graphics included in the deliverables below, LMN shall coordinate
the development of presentation renderings.
Architectural coordination will be conducted for the following components:
Bridge Structure
Arch geometry coordination
Arch color
Arch connections to:
Suspension cables
Bridge deck
West /East abutments
o Arch ties
o Arch -to -arch lateral support
Suspension cables
Bridge deck
Handrail system
Light Fixture Coordination
Approach Ramps
Column treatments
Superstructure treatments
210
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 37
Deck treatments
Structural earthwall treatments
Handrail system
Creation of 30 Percent PS &E Submittal:
Draft Basis of Design
30% level plan set (3 sets- l lx17)
Task No. 10.02 Design Development and Coordination (60% -100
LMN shall provide architectural design and documentation services for the
pedestrian bridge and east and west approaches for the 60, 90, and 100
Percent PS &E Submittals. Work shall include refinement of the Draft Basis of
Design, coordinating the architectural design with associated engineering
disciplines, construction documentation of the architectural components of the
design, and preparation of architectural specifications.
Deliverables
Workshop Graphics:
Tied Arch Alternative Sketches
West Approach Sketches
East Approach Sketches
Connection Detail Sketches
Surface Finish Examples
Color Examples
Preferred Alternative Graphics:
o (1) One physical Study level model, scale to be determined.
o (6) Six "Sketch -Up" quality renderings.
Architectural Plan Sheets (Assume a sheet count of 10 sheets):
o Codes, Notes And Symbols
o Enlarged Elevations
o Enlarged Bridge Sections (2 Sheets)
o Enlarged Arch Miscellaneous Details (2 Sheets)
o Lighting/ Electrical Routing Details
o Enlarged East Approach Sections
o Enlarged West Approach Sections
o Bridge Handrail Sections
211
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 38
60 Percent PS &E Submittal:
o Final Basis of Design
0 60% level plan set (3 sets 11x17)
o Specification Outline (3 copies)
o Response to City 30% PSE Comments (3 copies)
90 Percent PS &E Submittal:
o 90% level plan set (3 sets 11x17)
Draft Specifications (3 copies)
Response to City 60% PSE Comments (3 copies)
Final PS &E Submittal:
Final plan set (3 sets- 11x17)
Final Specifications (3 copies)
Response to City 90% PSE comments (3 copies)
Task 11.0 -Urban Design and Wayfinding
Task No. 11.01 Illumination
KPG shall provide 30 60 90% and Final PSE for lighting for walkway,
bridge approaches, and bridge. Work includes aesthetic fixtures, conduits,
wiring and coordination of electrical power connection services with local
power company. The Consultant shall evaluate lighting performance
throughout the project using the AG132 illumination model.
Task No. 11.02 Wayfinding and Furnishings
KPG shall provide 30 60 90% and Final PSE for wayfinding signage, and
potential pedestrian furniture (i.e. litter receptacles, benches, trail railings
(outside of bridge if required), etc.). Area for wayfinding includes Christensen
Road at Baker Blvd. east leading to Green River and West Valley Highway to
the a designated pathway on the east side of WVH (which also leads to the
Tukwila Station).
Task No. 11.03 Landscape and Irrigation
KPG shall provide 30 60 90% and Final PSE for planting design and
irrigation design (including irrigation controller, water source point of
connection)
212
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 39
Task No. 11.04 Walkway Section/ Parking Lot Trail Alignment Studies
KPG shall provide 30 60 90% and Final PSE aesthetic details for walkway
section (note Civil Engineering by KPFF) and 30%/60% parking lot layout
concepts for trail alignment studies through private property (Christensen
Road to Green River Trail (note after alignment has been selected KPFF will
provide Civil Engineering of Trail to Final PSE.)
Deliverables
Trail Alignment Alternatives and Selected Alternative Plan (including
conceptual parking lot reconfigurations
Anticipated Sheets:
West Approach Landscape Plans and Details and Hardscape Details
West Approach Enlarged Landscape Plans and Details and
Hardscape Details
East Approach Landscape Plans and Details and Hardscape Details
East Approach Enlarged Landscape Plans and Details and
Hardscape Details
Trail and Bridge Lighting Plan and Details
Wayfinding Signage /Site Furnishing/ Trail Railings Plan and Details
o Survey Basemap in two phases
30 Percent PS &E Submittal:
o Draft Basis of Design
0 30% level plan set (3 sets- 11x17)
o Preliminary Estimated Quantities and Associated Costs (3 copies)
60 Percent PS&,E Submittal:
o Final Basis of Design
o 60% level plan set (3 sets 11x17)
o Specification Outline (3 copies)
o Updated Estimated Quantities and Associated Costs (3 copies)
o Response to City 30% PSE Comments (3 copies)
90 Percent PS8,E Submittal:
o 90% level plan set (3 sets 11x17)
Draft Specifications (3 copies)
Updates Estimated Quantities and Associated Costs (3 copies)
Response to City 60% PSE Comments (3 copies)Final PS &E Submittal:
o Final plan set (3 sets- 11x17)
213
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 40
o Final Specifications (3 copies)
o Finalized Estimated Quantities and Associated Costs (3 copies)
o Response to City 90% PSE comments (3 copies)
Task 13.0 Signal Design
KPG shall provide pedestrian signal design for the crossing of West Valley Highway
(SR 181), approximately midway between Strander Blvd. and Longacres Way and
signal modifications at the intersection of Andover Park E and Baker Boulevard.
This work will include coordination with WSDOT to obtain WSDOT approval.
Depending on selection criteria(warrants) the signal could be Pedestrian Hybrid
Beacon (Hawk) signal. The location assumes no driveway /street intersection. Also
coordination with Tukwila Signal Maintenance Department shall be required at
the intersection of Andover Park E and Baker Boulevard.
The following additional assumptions were made to provide direction to the
design:
No property acquisition will be required and the project will be designed
within the existing public right -of -way with no additional right -of -way
required.
Verification of aerial and underground conflicts at signal foundation
locations, will be required.
Any permitting will be a part of the larger project and not tied to the
signal design.
Survey will be provided for both sides of WVH and the needed
approaches for the intersection of Andover Park E and Baker Boulevard.
Electrical connections and potential trenching will be drawn
schematically to closet source, unless it is in vicinity of the signal.
Geotechnical for the project will be the basis for foundation /pole design.
Task 13.01 WSDOT Coordination
KPG shall coordinate with WSDOT an approval process for the signal
installation, including warrant analysis. Work includes preparing signal plans
and specifications for WSDOT review and approval, including final plan and
specifications approval for the city records.
Task 13.02 Pedestrian Signal Across West Valley Hwy Design
KPG shall provide 30 60 90% and Final PSE for pedestrian signal design.
Works includes coordinating with the City including any decorative and urban
elements for the signal pole design, channelization and signing plans, center
214
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement #9
Page 41
median/ crosswalk design, etc. Signal design shall meet WSDOT /City of
Tukwila standards.
Task 13.03 Signal Modifications at Andover Park E and Baker Boulevard
KPG shall provide 30 60 90% and Final PSE for Andover Park E and
Baker Boulevard intersection signal modifications. Works includes
coordinating with the City for temporary video detection installation, junction
box loop splicing, channelization and signing plans, etc. Signal design shall
meet City of Tukwila standards.
Task 14.0 Right -of -Way Services
This task will include the preparation of right -of -way plans and legal descriptions.
It is assumed at this time that determining property values and conducting land
acquisition negotiations is not a part of this scope of work and will be added at a
future date as necessary.
Task 14.01 Legal Description
KPG shall provide legal descriptions and exhibit maps for three parcels.
Task 14.02 Right -Of -Way Plan
KPG shall provide right -of -way plans including existing right -of -way research
and calculations, proposed alignment calculations, including a draft plan.
Task 14.03 Title Reports
KPG shall order title reports, review reports for legal descriptions and
easements. KPG will also obtain legal description for DNR lease, determine
ordinary high water line and prepare record of survey per DNR specifications.
Task IS. 0 Construction Support Services
The project team can provide construction support to the City as the project
design is completed and the project goes to advertisement and then construction.
Tasks could include attending preconstruction meetings, answering contractors'
requests for information (RFI), submittal review and site visits. The scope and fee
for this task will be determined at a later date.
215
Exhibit E -1
Consultant Fee Determination Sheet Summary
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Tukwila Urban Center, Ped /Bicycle Bridge PSE
Direct Salary Cost (DSC):
Classification
Man Hours
Principal (Structural)
112.0 x
Principal (Civil)
34.0 x
Project Manager (Structural)
606.0 x
Project Manager (Civil)
683.0 x
Senior Engineer (Structural)
1468.0 x
Senior Engineer (Civil)
40.0 x
Project Engineer (Civil)
418.0 x
Design Engineer II (STR)
1020.0 x
Design Engineer I (STR)
0.0 x
Design Engineer (Civil)
663.0 x
CAD Tech (Structural)
1326.0 x
CAD Tech (Civil)
668.0
Project Coordinator (CIV)
114.0
Project Coordinator (STR)
158.0
Admin
0.0 x
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of
Fixed Fee (FF):
FF Rate x DSC of
Reimbursables:
Itemized
SubConsultant Costs (See Exhibit G):
Grand Total
Prepared By: KPFF Consulting Engineers
DOT Form 140 -089 EF Exhibit E -1
Revised 06/05
Rate
65.00
65.00
60.00
50.00
45.00
50.00
42.00
40.00
40.00
38.00
35.00
35.00
22.00
20.00
18.00
Total DSC
128.46 x 307,068.00
Cost
7,280.00
2,210.00
36,360.00
34,150.00
66,060.00
2,000.00
17,556.00
40,800.00
0.00
25,194.00
46,410.00
23,380.00
2,508.00
3,160.00
0.00
307,068.00
394,459.55
30 x 307,068.00 92,120.40
0.00
573,932.16
1,367,580.11
Date: November 15, 2011
216
Exhibit G -1
Subconsultant Fee Determination Summary Sheet
(Mandatory when Subconsultants are utilized)
Project: Tukwila Urban Center, PedBicycle Bridge PSE
Sub Consultant: KPG
Direct Salary Cost (DSC):
Classification
Man Hours
Senior UD/LA
197.0
X
Project Sury
90.0
X
Designer LA /Survey
549.0
X
CAD Technician
701.0
X
Survey Crew
184.0
X
Office Admin
0.0
X
X
X
X
64.90
56.56
40.13
31.25
47.66
23.08
Total DSC
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of 163.1745 x
Fixed Fee (FF):
FF Rate x DSC of 25 x
Reimbursables:
Itemized
SubConsultant Total
Grand Total
Prepared By: KPG
DOT Form 140 -089 EF Exhibit G -1
Revised 01/09
70,582.76
70,582.76
Cost
12,785.30
5,090.40
22,031.37
21,906.25
8,769.44
0.00
70,582.76
115,173.07
17,645.69
7,450.00
210,851.52
Date: November 15, 2011
217
Exhibit G -1
Subconsultant Fee Determination Summary Sheet
(Mandatory when Subconsultants are utilized)
Project: Tukwila Urban Center, Ped /Bicycle Bridge PSE
Sub Consultant: LMN Architects
Direct Salary Cost (DSC):
Classification Man Hours
Partner
Project Manager
Project Designer
Project Architect
Intern
Admin
Specs
QA /QC
156.0
322.0
404.0
378.0
467.0
37.0
68.0
52.0
X
X
X
X
X
X
X
X
X
Raw
72.84
39.42
44.23
34.86
23.56
18.75
39.42
38.42
Total DSC
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of 190.47 x
Fixed Fee (FF):
FF Rate x DSC of 25 %X$
Reimbursables:
Itemized
SubConsultant Total
Grand Total
Prepared By: LMN Architects
DOT Form 140 -089 EF Exhibit G -1
Revised 01/09
71,476.95
71,476.95
Cost
11,363.04
12,693.24
17,868.92
13,177.08
11,002.52
693.75
2,680.56
1,997.84
71,476.95
136,142.15
17,869.24
230,488.33
Date: November 15, 2011
218
Exhibit G -1
Subconsultant Fee Determination Sheet Summary
(Mandatory when Subconsulatnats are utilized)
Project: Tukwila Urban Center, Ped /Bicycle Bridge PSE
Sub Consultant: Landau Associates
Direct Salary Cost (DSC):
Classification Man Hours
Rate
Cost
Principal 12.0
x
65.00
780.00
Senior Associate 10.0
x
56.00
560.00
Associate 67.0
x
47.00
3,149.00
Senior 350.0
x
40.00
14,000.00
Senior Project 68.0
x
36.00
2,448.00
Project: 104.0
x
32.00
3,328.00
Senior Staff 16.0
x
30.00
480.00
Staff 98.0
x
25.00
2,450.00
Senior CAD 78.0
x
31.00
2,418.00
CAD /GIS Tech 7.0
x
24.00
168.00
Project Coord. 92.0
x
29.00
2,668.00
Support Staff 22.0
x
17.00
374.00
Total DSC
32,823.00
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of 200.87
x
32,823.00
65,931.56
Fixed Fee (FF):
FF Rate x DSC of 25
x
32,823.00
8,205.75
Reimbursables:
Itemized
25,632.00
SubConsultant Total
0.00
Grand Total
132,592.31
Prepared By: Landau Associates Date: November 15, 2011
DOT Form 140 -089 EF Exhibit G -1
Revised 01/09
219
KPFF Consulting Engineers
All Companies
Task 1 SCOPE OF WORK
FEE ESTIMATE City of Tukwila
Tukwila Urban Center. PedestrleNBicycle Bridge
KPFF Prime
Management
Structural
Total Fee l $517,100.92 1
KPFF CMI KPG Inc. LMN Architects Landau Associates Grand Total
$276,547.03 1 $210,851.52 1 $230,488.33 1 $132,592.31 1 $1.387,680.11
10 Project Management and Administration
1
1.01 Project Schedule
1
$4,962 1
$0
1
$0
1
$1,514
1
$0
1 $6,476
1.02 Design Team Supplemental Agreements
1
$1,241 1
$O
1
$0
1
$O
1
$0
I
1 $1,241
1.03 Progress Reports
1
$3,102 1
$0
1
$0
1
$2,202
1
$0
1 $5,304
1.04 Invoices
1
$3,102 1
$0
1
$0
1
$2,202
1
$0
1 $5,304
1.05 Team Meetings (Assume 12 meetings 3 City Workshops)
1
$0 1
$0
1
$12,469
1
$11,535
1
$0
1 $24,003
Consultant Meetings W/ City (Assume 12 meeting 1
$6,513 1
$2,326
1
$0
1
$O
1
$0
1 $8,839
Consultant Internal Meetings (Assume 12 meetinp.
1
$6,513 1
$3,102
1
$0
1
$O
1
$0
1 $9,615
Reimbursabli3O
$0 1
$0
1
$250
1
$0
1
$0
1 $250
1
1
I:
I
I
I
Subtotal)
$25,432 1
$5,428
1
$12,719
1
$17,452
1
$0
$61,031
2.0 Design Crlteda Document
2.01 Design Criteria Draft
1
$3,102 1
$4,094
1
$0
1
$0
1
$0
1 $7,196
2.02 Design Criteria Final
1
$1,241 1
$2,998
1
$0
1
$0
1
$0
I $4,239
Reimbursablesl
$O 1
$O
1
$0
1
$0
1
$0
I $O
I
I
1
1
1
1
'1
subtotals
$4,342 1
$7,092
1
$0
1
$O
1
$0
$11,434
.si.
3.0 Topographic and Boundary Survey (KPG KPFF CMI)
3.01 Topographic Mapping Phase 1
1
$0 1
$0
1
$18,210
1
$O
1
$0
1 $18,210
302 Topographic Mapping Phase 2
1
$0 1
$0
1
$9,967
1
$O
1
$0
1 $9,967
3.03 Survey Base Review
1
$0 1
$4,528
1
$0
1
$0
1
$0
1 $4,528
Reimbursablesl
$0 1
$0
1
$3,500
$0
1
$0
1 $3,500
Subtotal)
#ii i3' a:!^w««M
I_ ,»„w«.a»
fi nical esee and ecommenceffl
461 1- eid E><ploraiions anti Laboratory I eating
I
au 1
bu
I
$0
1
$u
1
$4,246
1 $4,24J
4.02 Geotethnical Evaluation, Reporting and Meetings
1
$0 I
$0
I
$O
1
$O
1
$10,148
1 $10,148
4.03 Review of Report and Comments
1
to 1
$2,181
1
70
I
$O
I
$0
1 12,181
Reimbursablesl
$0 1
$0
I
g 0
1
$0
1
$14,156
1 $14,156
Subtotals
1
1
bU
.L0,.4b
5.0 'Hydreu Ics KPFF CMII
5.01 Meetwith Agencies
1
bu 1
$J,515
1
$u
1
$u
1
$u
1 b3.515
5.02 Establish 100 -Tear Floodplain
1
$0 1
$3,949
1
so
1
$0
1
$0
1 63,949
5.03 Establish Structural Clearance
l
$0 I
$1,489
1
$0
1
$0
I
$0
I $1,489
Reimbursablesl
$0 I
$0
1
to
I
$0
I
$0
I $0
l
I
1
1
r
i
Subtptall
1
;u
1
1
u
si w7,m„
`3(
B� nv ronmen an rm n ces n
bbl iaaRr, Agency, and Yre- APphclmon meetings
bU 1
bu
1
so
1
$U
1
$19,188
1 b19,168
6.02 SEPA Checklist
1
Yo I
$2,688
1
$0
1
$O
1
52,966
1 $6P44
6.03 WSDOT Local Programs ECS
1
$0 I
4385
1
to
1
$0
I
$3,594
1 $4,980
6.04 Phase 1 Environmental Site Assessment
l
$0 1
I
$0
1
$0
1
$8,434
1 $8,434
6.05 Biological AssessmenVEFH
I
$o 1
$3,701
1
$0
1
$0
1
611,467
1 $15,169
6.06 Cultural Resources Investigation
l
to 1
b0
1
$0
1
$0
1
31,421
1 11,421
6.07 Shoreline Permit
l
$O I
$2.109
1
$0
1
$o
I
$7,290
1 $4399
6.08 wet la nd/Waterway Delineation
l
to I
$0
1
$0
1
to
I
$9,251
1 $9,251
6.09 Critical Areas Report
I
b0 I
$3,JS0
1
to
1
$u
1
$10,988
1 $14,J35
6.10 Mitgabon Construebon Documents
1
$0 1
1
$o
1
$0
1
$14,061
1 $14,061
6.11 JARPA
l
$0 1
$1,241
1
$0
1
$0
1
$2,369
I $3,610
6.12 Aquatic Lands Easement
l
$0 1
$o
I
to
1
$0
I
$1,594
1 $1,594
Reimbursablesl
$u I
$u
1
bu
1
to
1
41"
1 ill,b ib
h
1
Y
s
Subtatell
1
1
1
u
1
I aiir,uau 1
7.0 Project Workshops
7.01 Internal Team PSE Kick-Off Meeting
I
$2,378 1
$1,034
1
$1,211
1
$1,477
1
$0
1 $6,100
7.02 TSL Review& Project Kick-Off Meeting
1
$2,378 1
$1,034
1
$1,211
1
$1,477
1
$0
1 $6,100
7.03 Tied Arch Concept Workshop
I
$2,895 1
$1,034
1
$748
1
$1,477
1
$0
1 $6,154
Tied Arch Alternatives Graphics
1
$0 1
1
$0
1
$3,608
I
$0
1 $3,608
7.04 West and East Approach Concept Workshop
1
$2,895 1
$1,034
1
$1,211
1
$1,477
1
$0
1 $6,617
West Approach
1
3o 1
$0
1
$O
1
$2,419
1
1 $2,419
East Approach
1
$0 1
$0
1
$O
1
$2,419
1
$0
1 $2,419
7.05 Final Concept Selection Workshop
I
$3,618 I
$1,034
1
$1,211
I
$1.477
1
$0
1 $7,340
Connection Detail Sketches
1
$0 1
$0
1
$O
I
$3,014
1
$0
1 $3,014
Surface Finish Examples
I
$0 1
$0
1
$O
1
$1,737
1
$O
1 $1,737
Color Examples
1
$0 I
SO
1
$O
1
$1,737
1
$O
1 $1,737
Study Model Development
I
$0 1
$0
1
$0
1
$4,368
1
$0
1 $4,368
Sketch Up Quality Renderings (6)
1
$0 1
$0
I
$0
I
$2,305
1
$0
1 $2,305
7.06 Public Outreach
I
$3,618 1
$1,034
$0
1
$1,477
1
$0
1 $6,130
Graphics
1
$0 1
$0
1
$0
1
$12,110
I
$0
1 $12,110
Reimbursablesl
$0 1
$0
1
$200
I
$2,500
1
$0
1 $2,700
Subtatell
$17,782 1
$6,203
1
$5,791
1
$45,081
1
$0
1 $74,857
8.0 CMI Enlrineedno
8.01 Concept Workshop and Preferred Alt Selection
1
$0 1
$5,479
1
$0
1
$0
1
$0
1 $5,479
8.02 Site Prep and Demofition
1
$0 1
$4,342
1
$0
1
$0
1
$0
1 $4,342
8.03 Horizontal and Vertical Layout
1
$0 1
$O
1
$0
1
$0
1
$0
1 $0
Route Layout
1
$0 1
$1,902
1
$0
1
$0
1
$O
1 $1.902
Horizontal Control
1
$0 I
$1,385
1
$0
I
$0
I
$O
I $1,385
Ramp transitions
1
$0 1
$2,605
1
$0
I
$0
I
$0
I $2,605
Vertical Alignment
I
$0 I
$1,861
I
$0
I
$0
I
$0
I $1,861
Vehicular Crossing of Trail
I
$0 1
$2,688
1
$0
1
$0
I
$0
1 $2,688 1
Rechannelization Baker St
1
$0 I
$6,038
I
$0
1
$0
1
$0
1 $6,038 7
Riverview Plaza Dnveway Reconstruction
1
$0 I
$6,823
I
$0
1
$0
1
$0
1 $6,823
8.04 Gradingand Paving
I
$0 1
$0
I
$0
1
$0
1
$0
1 $0
Terrain Model
I
$0 I
$2,957
1
$0
1
$0
I
SO
1 $2,957
Typical Section
1
$0 I
$1,820
1
$0
1
$O
1
$0
1 $1.820
Colod with KCFD and USACE
1
$0 I
$2,988
1
$O
1
$O
1
$0
1 $2,988
8.05 TESC
1
$0 1
$5,211
I
$0
1
$O
1
$O
1 $5,211
8.06 Surface Water
1
$0 1
$0
1
$0
1
$0
1
$0
1 $0
TIR
1
$0 1
$8,571
I
$0
1
$0
1
$0
1 $8,571
Site Drainage
1
$0 I
$4,197
1
$0
1
$0
1
$0
1 $4,197
Infiltration
I
$0 1
$4,280
1
$0
1
$0
1
$0
1 $4,280
8.07 Utilities
1
$0 1
$0
1
$0
1
$O
1
$0
1 $0
City and Private Relocations
1
$0 1
$2,605
1
$0
1
$0
1
$0
1 $2,605
220 Page 1 of 4
KPFF Consulting Engineers
FEE ESTIMATE: City of Tukwila
Tukwila Urban Center, Pedestdan/Blcycle Bridge
KPFF Prime
a. All Companies
Management
KPFF Chill
KPG Inc.
LMN Architects
Landau Associates
Grand Total
Structural
a:
SCOPE
Total Feel
$517,100.92 1
$276,547,03
1 $210,851.52
1 1230,488.33
1 $132,592.31 1
$1.367,580.11
Teak OF WORK
h
.s X41"
�if;
Franchise Utility Coordination
$0
$1,820
1 $O
1 $0
1 $0 I
$1,820
Seattle Public Utility Coordination
I
$0 I
$5,314
1 $0
1 $0
1 $0 1
$5,314
8.08 Channellzatlon and Signing
I
$0 I
$0
1 $0
1 $0
1 $0 1
$0
Parking Lot Revisions
l
$0 I
$7,175
1 $0
1 $0
1 $0 1
$7,175
Roadway Signing
I
$0 I
$196
1 $0
1 $O
1 $0 1
$196
Riverview Plaza Parking Lot Circulation Study
I
$0 I
$6,100
1 $0
1 $0
1 $0 I
$6,100
Rechannelization Baker St
I
$0 1
$4,197
1 $0
1 $O
1 $0 I
$4.197
8.09 Cost Estimate
I
$0 I
$0
I $0
I $0
1 $0 I
$0
30%
I
$0 I
$2,941
I $0
1 $0
1 $0 I
$2,941
60%
I
$0 I
$5,030
I $0
1 $0
1 $0 I
$5,030
90%
I
$0 I
$3,810
l $0
1 $0
1 $0 I
$3,810
Final
I
$0 1
$3,642
I $O
1 $0
1 $0 I
$3,642
8.10 Specifications
I
$0 1
$0
I $0
I $0
I $O I
$0
60% Outline
I
$0 1
$1,034
I $0
1 $0
1 I
$1,034
90% Special Provisions
I
$0 1
$3,993
I $0
1 $0
I I
$3,993
Final Special Provisions
I
$0 1
$3,727
l $0
1 $0
I $0 I
$3,727
8.11 Plansheote
1
$0 1
$0
1 $O
1 $0
I $O 1
$o
30%
1
$0 1
$0
1 $0
1 $0
1 $0 1
$0
Site Preparation (4 sheets)
I
$0 1
$3,536
1 $0
1 $0
1 $0 1
$3,536
TESC Plans (4 sheets)
I
$0 1
$3,277
I $0
1 $0
1 $0 1
$3,277
Roadway Sections (1 sheet)
I
$0 1
$2,243
I $0
1 $0
1 $0 1
$2,243
Plan /Profile Sheets (3 sheets)
I
$0 1
$3,231
1 $0
1 $0
1 $0 1
$3.231
Drainage (4 sheets)
1
$0 1
$4,218
I $0
1 $0
1 $0 1
$4,218
Utility (3 sheets)
1
$0 1
$1,856
1 $0
1 $0
1 $0 1
$1,856
Channelization and Signing (3 sheets)
l
$0 1
$3,148
I $0
1 $0
1 $O 1
$3,148
QC Review
I
$0 1
$5,355
I $0
1 $0
1 $0 1
$5,355
I
$0 1
$0
I $0
1 $0
1 $0 1
$0
Y
$0 1
$0
I $0
1 $0
1 $0 I
$O
Site Preparation (4 sheets)
1
$0 1
$2.884
1 $0
1 $0
1 $0 I
$2,884
TESC Plans (4 sheets)
1
$0 1
$2,755
1 $0
1 $0
1 $0 1
$2,755
TESC Detail (1 sheet)
1
$0 1
$2,362
1 $0
1 $0
1 $O 1
$2.362
Roadway Sections (1 sheet)
I
$0 1
$1,768
1 $0
1 $0
I $0 1
$1,768
Plan /Profile Sheets (3 sheets)
I
$0 1
$4,016
1 $0
1 $0
I $0 1
$4,016
Paving Detail (I sheet)
1
$0 1
$2,026
1 $O
1 $0
I $0 1
$2,026
Drainage (4 sheets)
l
$0 1
$3,701
1 $0
1 $0
1 $0 1
$3,701
Drainage Detail (I Sheet)
I
$0 1
$1,851
1
1 $0
1 $0 1
$1,851
Utility (3 sheets)
I
$0 1
$1,768
1 $0
1 $0
1 $0 1
$1,768
Utility Detail (1 sheet)
I
$0 1
$1,768
1 $0
1 $0
1 $0 1
$1,768
Channelization and Signing(4 sheets)
1
$0 1
$3,536
1 $0
1 $0
1 $0 1
$3,536
Channelization Detail (1 sheet)
1
$O 1
$1,639
1 $O
1 $0
1 $0 I
$1,639
QC Review
1
$0 1
$5,717
1 $O
1 $0
1 $0 1
$5,717
1
$0 1
$0
1 $O
1 $0
1 $0 1
$0
90%
1
$0 1
$0
1 $0
1 $0
1 $0 1
$0
Site Preparation (4 sheets)
I
$0 1
$2,393
I $0
1 $0
1 $0 1
$2,393
TESC Plans (4 sheets)
1
$0 1
$2,362
I $0
1 $0
1 $0 1
$2,362
TESC Detail (1 sheet)
1
$0 1
$1.246
1
1 $0
1 $0 1
$1,246
Roadway Sections (1 sheet)
1
$0 1
$1,639
I $0
1 $0
1 $0 1
$1,639
Plan /Profile Sheets (3 sheets)
1
$0 1
$3,148
1 $O
1 $0
1 $0 1
$3,148
Paving Detail (I sheet)
1
$0 1
$1,639
1 $0
1 $0
1 $0 1
$1,639
Drainage (3 sheets)
1
$0 1
$2,011
1 $0
1 $0
$0 1
$2,011
Drainage Detsil(1 Sheet)
1
$0 1
$1,851
1 $O
1 $0
I $0 1
$1,851
Utility (3 sheets)
1
$0 1
$1,768
I $0
1 $0
1 $0 1
$1,768
Utility Detail (I sheet)
1
$0 1
$1,768
I $O
1 $0
1 $0 1
$1,768
Channelization and Signing (4 sheets)
1
$0 1
$3,536
1 $O
1 $0
1 $0 I
$3,536
Channelization Detail (1 sheet)
1
$0 1
$1,639
1 $0
1 $0
I I
$1,639
QC Review
I
$0 1
$5,262
1 $0
1 $0
1 $0 I
$5,262
1
$0 1
$0
1 $0
I $0
1 $0 I
$0
100%
1
$0 1
$O
1 $0
1 $0
1 $0 I
$o
Site Preparation (4 sheets)
1
$0 1
$507
I $0
1 $0
1 $0 I
$507
TESC Plans (4 sheets)
1
$0 1
$507
I $0
I $O
1 $0 1
$507
TESC Detail (1 sheet)
1
1
$703
1 $0
1 $0
1 $0 1
$703
Roadway Sections (1 sheet)
1
1
$507
1 $0
1 $0
1 $0 1
$507
Plan /Profile Sheets IS sheets)
1
$0 1
$1,639
1 $0
1 $0
1 $0 1
$1,639
Paving Detail (I sheet)
1
$0 I
$1.639
1 $0
1 $0
1 $0 1
$1,639
Drainage (4 sheets)
1
$0 I
$708
1 $0
1 $O
1 $0 1
$708
Drainage Detail (1 sheet)
I
$0 I
$1,416
1 $0
1 $O
1 $0 1
$1,416
Utility (3 sheets)
1
$0 I
$1,768
1 $0
1 $O
1 $0 1
$1,768
Utility Detail (1 sheet)
1
$0 1
$1.768
1 $0
1 $0
1 $0 1
$1,768
Channelization and Signing i4 sheets)
I
$0 1
$1,768
1 $0
1 $0
1 $0 1
$1,768
Channelization Detail (1 sheet)
1
$0 1
$408
I $0
1 $0
1 $0 1
$408
QC Review
1
$0 I
$1,825
I $0
1 $0
1 $0 1
$1,825
I
$0 I
$0
1 $O
1 $0
1 $0 1
$0
Final Bid Set
1
$0 I
$0
I $0
1 $0
1 $0 1
$0
Site Preparation (4 sheets)
1
$0 1
$401
I $0
1 $0
1 $0 1
$401
TESC Plans (4 sheets)
1
$0 1
$310
1 $0
1 $0
1 $0 1
$310
TESC Detail (1 sheet)
1
$0 1
$220
I $0
1 $0
1 $0 1
$220
Roadway Sections (1 Sheet)
1
$0 1
$220
1 $0
1 $0
1 $0 1
$220
Plan /Profile Sheets (3 sheets)
l
$0 1
$401
I $0
1 $0
1 $0 1
$401
Paving Detail (I sheet)
I
$0 1
$220
1 $0
1 $0
1 $0 I
$220
Drainage (4 sheets)
I
$0 1
$401
I $0
1 $0
1 $0 1
$401
Drainage Detail (I sheet)
I
$0 1
$349
1 $0
1 $0
1 $0 1
$349
Utility (3 sheets)
1
$0 1
$530
I $O
I $0
1 $0 1
$530
Utility Detail (I sheet)
1
$0 1
$349
I $0
I $0
1 $0 1
$349
Channelization and Signing (4 sheets)
1
$0 1
$801
I $0
I $0
1 $0 1
$801
Channelization Detail (1 sheet)
1
1
$220
I $0
I $0
1 $0 1
$220
QC Review
l
$0 1
$1060
1 $0
$O
I $0 1
$1,060
Reimbursablesl
$0 I
$0
1 $0
$0
I $0 I
$O
Subtotall
$0 1
$228,287
1 $0
1 $O
1 $0 1
$228,287
9.0 Structural EnQneedng(KPFF)
9.01 Basis of Design
1
$879 1
$0
1 $0
1 $0
1 $0 1
$879
9.02 Bridge Design
1
$0 1
$0
1 $0
1 $0
1 $0 1
$0
Deep Foundations
1
$20,056 1
$0
1 $0
1 $0
1 $O 1
$20,056
West Abutment
1
$10,028 1
$0
1 $0
1 $0
1 $0 1
$10,028
East Abutment
I
$10,028 1
$0
1 $0
1 $0
1 $0 1
$10,028
Arch Steel Pipes
I
$15,921 1
$0
1 $0
1 $0
I $0 1
$15,921
Arch Abutment Connections
I
$5,634 I
$0
1 $0
I $0
1 $0 1
$5,634
Arch Tension Ties
I
$11,269 I
$0
1 $0
1 $O
I $0 1
$11,269
Arch Miscellaneous Connections
1
$5,634 I
$0
1 $0
1 $0
I $0 1
$5,634
Page 2 of 4
221
KPFF Consulting Engineers
FEE ESTIMATE: CWI of Tukwila
Tukwila Urban Center, Pedestrlan/81uycle Bridge
Page 3 of 4
222
KPFF Prime
All Companies
Management
KPFF CIVII
KPG Ina
LMN Architects
Landau Associates
Grand Total
Structural
Total Feel
$517,100.92
1 $276,547.03 1
$210,851.52 1
$230,488.33 1
$13 ?592.31 I
51,387,580.11
Task SCOPE OF WORK
Deck Superstructure Framing
$7,702
$0 1
$0 1
$0 1
$0 1
$7,702
Deck Slab
1
$7,702
I $0 1
$0 1
$0 1
$0 1
$7,702
Deck Hand Railing
l
$7,702
I $0 1
$0 1
$0 1
$0 1
$7,702
Arch Suspension Hangers
l
$20,056
1 $0 1
$0 1
$0 1
$0 1
$20,056
903 WeSt Approach Ramp Design
I
$0
I $0 1
$0 1
$0 1
$0 1
$0
Shaft Foundations
l
$11,269
1 $0 1
$0 1
$0 1
$0 1
$11,269
Concrete Columns
l
$10,028
1 $0 1
$0 1
$0 1
$0 1
$10,028
Structural Earth Walls
l
$10,028
I $0 1
$0 1
$0 1
$0 I
$10,028
Steel Superstructure
l
$11,269
1 $0
$0 1
$0 1
$0 1
$11,269
Deck Slab
l
$10,028
1 $0 I
$0 I
$0 1
$0 1
$10,028
Hand Railings
l
$10,028
1 $0 1
$O 1
1
$O 1
$10,028
9.04 East Approach Ramp Design
l
$0
1 $0 1
$O 1
$0 1
$O 1
$0
Shaft Foundations
1
$5,634
1 $0 1
$0 I
$0
$0 I
$5,634
Concrete Columns
Y
$5,634
1 $0 I
$0 1
$0 1
$0 1
$5,634
Structural Earth Walls
1
$5,634
1 $O 1
$0 1
$0 1
$O 1
$5,634
Steel Superstructure
1
$10,028
1 $0 1
$0 1
$0 I
$O 1
$10,028
Deck Slab
1
$5,634
$0 1
$0 1
$0 1
$O 1
$5,634
Hand Railings
1
$5,634
1 $0 1
$0 1
$0 1
$0 1
$5,634
9.05 Miscellaneous Structures
1
$0
1 $0 1
$0 1
$0 1
$O I
$0
Wayfinding Sign Supports and Foundations
1
$8,167
1 $O 1
$0 1
$0 1
$O 1
$8,167
Utility Protection Structures
1
$10,028
1 $0 1
$O 1
$0 I
I
$10,028
Miscellaneous Retaining Walls
1
$8,167
1 $0 1
$0 1
$0 1
$O 1
$8,167
Lighting Supports and Foundations
1
$8,167
1 $0 1
$0 1
$0
$0 1
$8,167
9.06 AMclpated Structural Plan Sheets (Sheet Count 258)
1
$0
1 $O 1
$0 1
$0 I
$0 I
$0
General Notes and Abbreviations
1
$2,404
1 $0 1
$0 1
$0 I
$O 1
$2,404
General Plan and Elevation
1
$2,946
I $0 1
$0 1
$0 1
1
$2,946
Horizontal Control Plan
1
$2,946
1 $0 1
$0 1
$0 1
$0 1
$2,946
Construction Sequence (2 Sheets)
1
$5,893
$O I
$0 1
$0 1
$0 1
$5,893
Foundation Layout
1
$2,404
1 $0 1
$0 1
$0 1
$0 I
$2,404
Pile Details
l
$2.404
1 $0 i
$0 1
$O 1
$O 1
$2,404
West Abutment Plan and Elevations
I
$2,946
I $0 1
$0 1
$O 1
$O 1
$2,946
West Abutment Details
I
$2,404
1 $0 I
$0 1
$0 1
$O 1
$2,404
East Abutment Plan and Elevations
1
$2,946
I $0 I
1
$0 1
$O 1
$2,946
East Abutment Details
1
$2,404
I $O I
$0 1
$O 1
$O 1
$2,404
Superstructure Layout
1
$2,946
1 $0 1
$0 1
$0 1
$O 1
$2,946
Arch Plan and Elevation
Y
$2,946
1 $0 I
$0 1
$O 1
$0 1
$2,946
Arch Sections (2 Sheets)
I
$4,807
I $0 I
$0 1
$0 1
$O 1
$4,807
Arch Details (3 Sheets)
I
$8,839
I $O I
$0 1
$0 I
$0 1
$8,839
Arch Tension Ties
1
$2,946
I $O 1
$0 1
$0 1
$0 1
$2,946
Arch Tension Tie Details
1
$2,946
I $0 I
$0 1
$0 I
$0 1
$2,946
Deck Framing Plan and Elevation (2 Sheets)
1
$4,807
1 $0 I
$0 1
$0 1
$0 1
$4,807
Deck Framing Plan
1
$2946
I $0 I
$0 1
$0 1
$0 1
$2,946
Deck Sections (2 Sheets)
1
$4,807
I $0 I
$0 1
$0 1
$0 1
$4,807
Deck Details (2 Sheets)
1
$5,893
1 $0 1
$0 1
$0 I
$0 I
$5,893
Arch Connection Details (3 Sheets)
1
$8,839
1 $0 1
$0 I
$0
$0 I
$8,839
Deck Vertical Support Layout (2 Sheets)
1
$5,893
1 $0 1
$0 1
$0 1
$0 1
$5,893
Deck Vertical Support Sections (2 Sheets)
1
$5,893
1 $0 1
$0 1
$0 1
$0 1
$5,893
Deck Vertical Support Details (2 Sheets)
1
$5,893
1 $0 1
$0 1
$0 1
$0 1
$5,893
West Approach Plan and Elevation
1
$2,946
1 $0 1
$0 1
$0 1
$0 1
$2,946
West Approach Foundation Plan and Elevation
1
$2,946
1 $O I
$0 1
$0 1
$0 1
$2946
West Approach Superstructure Sections
1
$2,946
1 $0 1
$0 1
$0 1
$0 1
$2,946
West Approach Superstructure Details (2 Sheets)
1
$5,893
1 $0 I
$O 1
$0 1
$0 I
$5,893
West Approach Deck Sections
1
$2,946
1 $0 1
$O 1
$0 1
$0 I
$2,946
West Approach Deck Details (2 Sheets)
1
$5,893
1 $0 1
$0 1
$0 1
$0 I
$5,893
East Approach Plan and Elevation
1
$2,404
1 $0 I
$0 1
$0 1
$0 I
$2,404
East Approach Foundation Plan and Elevation
1
$2,404
1 $0 1
$0 1
$0 1
$0 1
$2,404
East Approach Superstructure Sections
1
$2,404
1 $0 I
$O 1
$0 1
$0 1
$2,404
East Approach Superstructure Details (2 Sheets)
1
$4,807
1 $0 I
$O 1
$0 1
$0 1
$4,807
East Approach Deck Sections
1
$2,404
1 $0 1
$0 1
$0 1
$0 I
$2,404
East Approach Deck Details (2 Sheets)
1
$4,807
1 $0 I
$0 1
$0 1
$0 1
$4,807
Miscellaneous Structures (2 Sheets)
1
$5,893
1 $0 I
$0 1
$0 1
$0 1
$5,893
9.07 Deliverables
1
$O
1 $0 I
$0 1
$0 1
$0 1
$0
30% PSE Submittal
1
$0
1 $0 I
$O 1
$0 1
$O 1
$0
30% PSE Plan Set
1
$724
1 $0 I
$0 1
$0 1
$0 1
$724
Preliminary Estimated Quantities and Costs
1
$2,998
1 $0 I
$0 I
$0 1
$0 1
$2,998
30% PSE QA/QC
1
I
$10,545
1 $0 1
$0 I
$0 1
I
$0 1
I
$10,545
60% PSE Submittal
I
$0
I 1
1 $0
I
$O 1
$0 1
$0 1
$O
60% PSE Plan Set
1
$724
1 $0 1
$0 1
$0 I
$0 1
$724
Specification Outline
I
$1,137
1 $0 1
$0 1
$0 I
$0 1
$1,137
Updated Quantities and Costs
1
$2,998
1 $0 1
$0 1
$0 1
$0 1
2,998
Responses to City 30% PSE Comments
1
$672
1 $0 1
$0 1
$0 1
$0 1
$672
60% PSE OA/OC
I
$10,545
1 $0 1
$0 1
$0 I
$0 1
$10,545
90% PSE Submittal
I
I
$O
I 1
I $0 1
I
$0 1
1
$0 1
I
$0 1
$0
90% PSE Plan Set
1
$724
1 $0 1
$0 1
$0
$0 1
$724
Draft Specification
1
$6,410
1 $O 1
$0 1
$0 1
$0 1
$6,410
Updated Quantities and Costs
1
$3,929
I $0 1
$0 1
$0 1
$0 1
$3,929
Responses to City 60% PSE Comments
1
$672
1 $0 1
$O 1
$0 1
$0 1
$672
90% PSE QA/QC
1
$9,201
1 $0 1
$O 1
I
$0 I
1
$0 1
I
$9,201
Final PSE Submittal
1
I
$0
I I
1 $0 1
$O 1
$0 I
$0 1
$0
Final PSE Plan Set
I
$724
1 $0 1
$0 1
$0 1
$0 1
$724
Final Specification
1
$2,223
1 $0 1
$0 1
$0 1
$0 1
$2,223
Final Ouantbes and Costs
I
$1,602
1 I
1
$0 1
1
$1,602
Responses to City 90% PSE Comments
I
$207
1 $0 I
$0 1
$O 1
$0 1
$207
Final PSE QA/QC
1
$6,720
1 $0 1
$0 1
$0 1
$0 1
$6,720
Reimbursablesl
$0
1 $0 1
$0 1
$0 1
$O 1
$0
Subtotal$
$469,544
1 $0 I
$O 1
$0 1
$0 1
$469,544
Matt
10.0 Bridge Aesthetics Collaboration (LMN)
10.01 Bridge Structure
I
$0
1 $0 1
$0 1
$0 1
$0 1
$0
Arch Geometry
$0
1 $0 1
$0 1
$19,342 1
$0 1
$19,342
Arch Color
I
$0
1 $0 1
$0 1
$1,012 1
$O 1
$1,012
Connections Susp Cables
1
$0
1 $0 1
$0 1
$1,012 1
$0 1
$1,012
Connections Bridge Deck
$0
1 $0 1
$0 1
$1,012 1
$0 1
$1,012
Connections Abutments
1
$0
$0 1
$0 1
$1,012 1
$0 1
$1,012
Connections Tied Arch
1 1
$0 1
$1,012 1
$0 1
$1,012
Page 3 of 4
222
KPFF Consulting Engineers
FEE ESTIMATE: Co of Tukwila
Tukwila Urban Center, Pedestrian/Bicycle Bridge
KPFF Prime
All Companies Management KPFF Civil KPG Ine. LMN Archhects Landau Associates Grand Total
Structural
Total Feel $517,100.92 1 $276,547,03 1 $230,851.52 1 $230.488.33 1 $132,592.31 1 $1.387,580.11
Task SCOPE OF WORK
Connections Lateral Support l $O I $0 I $0 1 $1,012 1 $0 I $1,012
10.02 Approach Romps l $0 1 $0 1 $0 1 $0 1 $0 $0
Column Treatments Y $O 1 $0 1 $0 1 $1,012 1 $0 1 $1,012
Superstructure Treatments 1 $O I $0 1 $0 1 $1,012 1 $0 1 $1,012
Deck Treatments 1 $0 1 $0 1 $0 1 $1.012 1 $O 1 $1.012
Earthwall Treatments 1 $0 1 $0 1 1 $1,012 1 $O I $1,012
Handrail System 1 $0 I $0 1 $0 1 $1,136 1 $O I $1,136
10.03 Draft Basis of Design Document 1 $0 I $0 $0 1 $0 1 $0 1 $0
10.04 30% Plan Set 1 $0 I $0 1 $0 1 $4,482 1 $0 1 $4,482
10.05 30% PSE Debrief (with city) Y $O I $0 1 $0 1 $1,515 1 $0 1 $1,515
10.06 Architectural Sheets Design 1 $O I $0 1 $0 1 $O 1 $0 1 $0
Code Sheet 1 $0 1 $0 1 $0 1 $2,292 1 $0 1 $2,292
Elevations 1 $0 I $0 I $0 1 $4,844 1 $0 1 $4,844
Sections (2 sheets) 1 $0 1 $0 1 $0 1 $7,079 1 $0 1 $7,079
Connection Details (2 sheets) 1 $0 1 $0 1 $0 1 $7,079 1 $0 1 $7,079
Lighting Coordination 1 $0 1 $0 1 $0 1 $3,129 1 $0 1 $3,129
Approach Sections, East 1 $0 I $0 1 $0 1 $5,054 1 $0 1 $5,054
Approach Secions, West 1 $0 I $0 1 $0 1 $5,054 1 $0 1 $5,054
Handrail Details 1 $0 I $0 1 1 $5,333 1 $0 1 $5,333
Study Model Development 1 $0 1 $O 1 $0 1 $6,568 1 $0 1 $6,568
10.07 Final Basis of Design Document 1 $0 1 $0 1 $0 1 $0 1 $0 1 $0
10.08 60%Submtttal 1 $0 1 $0 I $O 1 $0 1 $0 1 $0
60% Plan Set 1 $0 1 $0 1 $0 1 $9,446 1 $0 1 $9,446
Outline Specs 1 $O 1 $O 1 $0 1 $7,104 1 $0 1 $7,104
60% PSE Debrief (with city) l $0 1 $0 1 $0 1 $1,955 1 $0 1 $1,955
City Comment Review /Response to 30% l $0 1 $0 1 $0 1 $4,708 1 $0 1 $4,708
10.09 90 %Submittal l $0 1 $0 1 $0 1 $0 1 $0 1 $0
90% Plan Set l $0 1 $0 1 $0 1 $25,870 1 $0 I $25,870
Draft Specs Y $0 1 $0 1 $0 1 $8,204 1 $0 1 $8,204
90% PSE Debrief (with city) 1 $0 1 $0 1 $0 1 $1,397 1 $0 I $1,397
City Comment Review /Response to 60% 1 $0 1 $0 1 $0 1 $5,331 1 $0 I $5,331
10.10 IDO%Submittal 1 $O 1 $0 1 $0 1 $0 1 $0 1 $0
100% Plan Set 1 $0 1 $0 1 $0 1 $10,484 1 $0 1 $10,484
Final Specs 1 80 1 $O 1 $0 1 $3,367 1 $O 1 $3,367
City Comment Review Response to 90% 1 $O $O 1 $0 1 $4,567 1 $O 1 $4,567
Reimbursablesl $O 80 1 $0 1 $2,500 1 $0 1 $2,500
1 1 r I I 1
Subtotall $0 1 $0 1 $0 1 $167,955 1 $O 1 $167,955
ci
rr
1
i1.0 Urban Dsslgn and Way Finding
11.01 Illumination 1 $0 I $0 1 $42,607 1 $0 1 $0 1 $42,607
11.02 Wayfinding Furnishings Signal 1 $0 I $0 1 $19,382 1 $0 1 $0 1 $13,382
1103 Landscaping and irrigation 1 $0 1 $0 1 $27,879 1 $0 1 $0 1 $27.879
11.04 Walkway Select ion /Parking Lot Trail Alignment Studies 1 $0 1 $0 I $17,217 1 $0 I $0 1 $17,217
Reimbursablesl $0 1 $0 l $500 l $0 l $0 1 $500
Subtotall $0 1 $0 1 $101,586 1 $0 1 $0 1 $101,586
diiw v, w,w,l
12.0 Types, Size. and Location Report (Complete)
1 $0 I $0 1 $O 1 $0 1 $0 1 $0
1 $0 1 $0 1 $O 1 $0 1 $0 1 $0
ReimbursableM $0 1 $0 I $O 1 $0 1 $0 1 $0
1 1 Y 1 1 Y
Subtotall $0 1 $0 1 $O 1 $0 1 $0 1 $0
is,.,i,�, ..:,,s a„ „a,,,A11.A'.1,,,,,, „w. E
i m u 13.0 S!Pal Design n
13.01 VJSDOT Coordination 1 $0 I $0 1 $8,496 1 $0 1 $0 1 $8,496
13.02 PetlesVian Signal Across West Valley Highway Design 1 $0 I $0 1 $21,855 1 $0 1 $0 1 821,855
13.03 Signal Modifications at Andover Park E &Baker Blvd 1 $0 1 $0 1 $4,283 1 $0 1 $0 1 $4,283
Reimbursablesl $0 l $0 l $1,000 $0 1 $0 1 $1,000
1 1 1 1 1 I
Subtotall $0 1 $0 1 $35,634 Y $0 1 $O 1 $35,634
14.0 Rlghtof -Way Services
14.01 Legal Description I $0 1 $0 I $1,551 1 $O 1 $O 1 $1,551
14.02 Right-of-Way Plan I $0 I $0 1 $9,776 1 $O 1 $O 1 $9,776
14.03 Title Reports 1 $0 1 $0 I $10,119 1 $O 1 $O 1 $10.119
Reimbursablesl $0 1 $0 I $2,000 1 $0 1 $0 1 $2,000
eubtotall $0 1 $0 l $23,446 1 $0 1 $O 1 $23,446
M :.�3�. ,:,..:.i 3' _.}°#h -aii .:�t
15.0 Construction Support Services
1 $0 1 $0 I $0 1 $0 1 $0 1 $0
Y $0 1 $0 I $0 1 $0 1 $0 1 $o
Reimbursablesl $0 l $0 1 $0 1 $0 1 $0 1 $O
Subtotall $O 1 $0 1 $0 1 $0 1 $O 1 $0
Total $517.100.92 1 $275,547.03 1 $210.851.52 1 $230.488.33 1 $132.592.31 1 $1.367,580.11
Page 4 of 4
223
FEE6TIMATE CByef Tukwla
Tukwila Urben Center, Pedastlan/allyAe Bridge
prima Management 6 Struohmal EngInearina OGIM
Task [.COPEOFVARK
LO Proisct Menelfemard ark Adminiatratron
101 Prolecl Schedule
102 Design Team Supplemental Agreements
103 Progress Reports
104 lnvmces
105 Team Meebngs(Msume 12 meetings& 3 City WOrWhops)
Consultant Meetings w/ Cm, (Assume 12 meebng)
Consultant Internal Meetings (ASSUme 12 meeting)
cse!Sc is Coalment
201 Uesi¢n Criteria Cm,
2.02 Design Criteria Final
3.0 Tommgqraphlo erM BOYndatL 'Survey (KKa &KPFF GMp
oPVg_apfiie maPPing.n;,e f
302 Topograpmc Mapping Phase2
303 Survey Base Review
»L. rielduWuWL�'n�r;d�o' aiury ile �l�g
402 cal tvaivauon. nepbrting. and Meeungs
403 newewm neponan. --me
o. MVdrp.".1 -i- Chn"
501 Meetwith AFenc
5.02 Establish SOOyear Floodplaln
5.03 Establish S[huRUral Clearance
oti, Ner ,e�ry.an�.re�,.burz�e�>„�a�,�x�, arvrru.rn
602 Scrn �liecsirsr
603 Wswi local rrograms cw
604 Aires, E- mrimen.ai SK. m in um enc
605 diologicar usessmonisN
6.W Guiwrai rcesources irivesugau0n
607 inoreirn Leann
609 Wo,, /waterway) ouneauon
6.09 nepon
6.10 m wcumencs
6.11 NA-
612 Aquzlic canas casement
7.0 PrObeIWOrWIwpe
1.01 Intemat Team PSE Kick-0tf Meetng
702 TSL Review &Project Kok -Off Meeting
703 Tied Arch Concept Workshop
Tied Arch Alternatives Graphics
T04 West antl East Approach Concept Workshop
West Approach
East Approach
7.05 Final Concept Selection Workshop
Connection Detail Sketches
Suface Finish Examples
Color Examples
Study Model Development
Sketch Up OuaIm, Renderings (6)
706 Public Outreach
Graphics
8.0 CMI En�Jneei
8.01 Concept Workehopand PreferredMSeleellon
8 02 Site Pap and Demolition
803 Xorlsordel and VerUsal Layout
Route Layout
Horizontal Control
Ramptransaions
Vertical Alignment
vehicular Crossing of Trail
Rechannelization Baker St
Riverview Plata C,weway ReconSlrucDOn
804 Shading and Pcving
Terrain Model
Typical Sec2inn
Codid with KCFD and USACE
8.05 TTSO
806 Surface Water
TIR
Site Drainage
Infiltratron
807 Utlitiee
Ciryand
Rel
Private oca tlorls
Franchise UDldy Co, dma-
Seatbe Public Utility Coordination
908 Caannellsationand Siding
Parking Lot Revisions
Roatlway Signing
Riverview Plaza Panting Lot Circulabon Study
Rechann¢lization Sake, St
8.09 Coat EStrmele
30%
6096
90%
Final
8.10 Spedficartmx
60960unins
9096 Special Provisions
r I I I, IE
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2894 75
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224 Page, pro
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FEEE:51MATE CladTukwila
Tukwila Urben CerMer. PedeelMin Bipyale Bridge
Prime Management A Strup4nel Engineedryl (KPM
Task SCOPEOFWORK
Final Special Provisions
811 Raroheeb
3D96
Site Prepar (4 sheets)
TESC Ran. (4 sheers)
Road., Sections (1 sheet)
Plan /Profile Sheets (3 sheets)
Drainage (4 sheets)
Utility 13 sheers)
Channellzation and Signing (3 sheeb)
QC Review
60%
Site Preparation (4 sheets)
TESC Plans (4 sheets)
TESL Detail (1 sheet)
Roadway Sectons (1 sheet)
Plan /Prohle Shell. (3 sheets)
Paving Detail (1 shell)
0ralnage (4 sheets)
Dramage Detail (1 sheet)
Utility (3 sheets)
Utillry Detail (1 sheet)
Channellzation and signing (4 sheets)
Channellzation Detail (1 Sheer)
QC Review
9096
Site Preparabon (4 sheets)
TESC Plans (4 sheets)
TESC Detail (1 sheet)
Roadway Sections (1 sheet)
Plan /Prohle Sheets (3 sheets)
Paw Deta (1 sheet)
Drainage (3 sheets)
Drainage Detail (1 sheep
Utility (3 sheets)
UVlity Detail (1 sheet)
channel Ration and signing (4 sheets)
Ch an Detail (1 Sheet)
QC Review
1009
Site Prap.nR.n (4.heets)
TESL Plans (4 sheets)
TESC Detail (1 sheet)
Roadway Sections (i sheet)
Plan /Prohle Sheets (3 sheets)
Paving Detail (1 sheet)
Drainage (4 sheets)
Drainage Detail (1 sheet)
Wiry (3 sheets)
Utillry Detail (1 sheep
Channellzation and Signing (4 sheets)
Channehzatmn Detail (1 sheet)
QC Review
Final Bid Set
Site Preparation (4 sheets)
TESL Plans (4 sheets)
TESC Detail (1 sheet)
Roadway sections (i sheet)
Plan /Profile Sheets (3 sheeb)
Paving Detail (1 sheet)
Drainage (4 sheeb)
Drainage Detail 4 sheet)
UVliry(3.he..)
Utillry Detail (1 sheet)
Channelizah" and Signing (4 sheets)
Channelization Detail (1 sheet)
QC Reriew
Pro9ect Senior Design Design Proj -U"P"' Principal Manager Engineer Engineer ll Engineer) CADTe hnician Coortlinator Atlmin
2.5846
E 65001 60.001 S 45001 40,001 40001 35.001 20.001 1800 Rentals.
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1 20.0 I
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Arch Miscellaneous COnnecbons I
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Page 2 of 4
225
FEEESTIMATE Cltyaf Tukwila
Tukwila urban Centx. Pedw1TarVBkxla Bridge
Pd.. Management& ShicMel BV-dng(KPFF)
Mojad
Senior
Design Design
Proj.
Multiplies
Principal
Manager
Engineer
CAD
Engineer'' Engineer'
Technician
Coonlinatar Atlmin
25846
Task SCOPEOFMORK
E 65001 E 60.001E 45001 E 40.001E 40001
35001
20.001E 1800'
Re'mb.
General Plan and Elevabon
I 20
40 1 1 1
240 I
I
t
Horitontal Control Plan
1 I 2.0
40 1 I 1
240 I
I
F
Constuctlon Sequence (25heets)
I I 4.0
I 80 I
480
Layout
Foundation t
1 1 2 0
4.0 I I I
18.0
Pile Details
1 1 2 0
4.0 I I I
18 0
Abutment ati
West ent Plan and Eleons
M 1 20
I 40 I I I
24.0
West Abutment Details
M 1 20
I 40 I I I
180
East AW-1: Plan and Elevations
M 1 20
40 I I I
24.0
East Abutment Details
I 1 1
4 0 I I I
180 I
I
1
Superstructure L-1
I 1 2.0
1 4o I 1 I
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h 1 20
1 40 I 1 I
240 I
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Arch Sections (2 Sheets)
1 I 40
I 8 0 I I I
36.0 I
I
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Ar Details(3Sheets)
1 I 6 0
12.0 I I I
72.0 I
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Arch Tension Ties
1 1 2.0
40 I I I
240 1
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Arch Tension Tie Details
1 2.0
40 I I I
240 1
1
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Deck Framing Man and El (2 Shee6)
1 1 40
80 I I 1
360 I
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t
Deck Framing Man
I I 2 0
4.0 I I I
24 0 I
I
1
Deck Sections (2 Sheets)
1 1 40
1 80 1 I 1
360 I
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1
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1 1 4.0
80 I 1 I
4 I
1
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1 1 60
1 120 I I I
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1 I 40
80 I 1 1
480 I
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1 I 40
80 I 1
480
Deck Velical Support Dtert. (2 Sheets)
1 I 4.0
80 I I I
480 I
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1 I 20
I 40 I 1 I
24.0 I
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1 1 20
4 I I 1
240
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1 4, 0 I I I
24.0 1
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1 80 I 1 I
48.0 I
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1 1 2 0
1 4 0 I I I
24.0 I
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1 1 4 0
1 8 0 I I I
48.0 1
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1 I 20
40 I I I
180 I
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1 I 20
40 I I I
180 I
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1 20
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80 I 1 I
36.0 I
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1 1 2.0
4 0 I I I
18.0 I
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East Approach Deck Estella (2 Sheets)
1 I dO
1 80 I I I
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80 I I
480
907 Dallvarables
306 ME SUbmkN
30%3E Plan Set
M I
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80
Preliminary Estimated Quantities and Costs
h 1
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4,0 1
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30%3E QA/QC
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1 I
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Spec'bcation Outline
1 I
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Updated Quantities and Costs
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Responses to City 30% ME Comments
1 1
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4.0 1
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60%PSE QA/QC
1 320 1 240
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W% ME SUbmltal
90463E Plan Set
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160 1
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1 1340.0 1 1020.0 1 0.0 I
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2.946 44
5.89289
2.40368
2.403.68
2.946.44
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1,602.45
206.77
6719.96
469,544.28
Page 3 of 4
226
FEEESTIMATB Cltyct Tukwga
Tukwila Urban Center. Petlmbtar4/Bicycle Mega
Prime Management& Stmobrtel Eaginaadng(KPFF)
Project 1 Senior
Design
Design
Proj.
Mu1t101"" I
I
P(InclPai
Maineer
,age, Engineer Eng
ll
En GAD
I Engineer
Technician Coordinator
2.5946
r
Tmk ISCOPEOF WORK
T-1
I
E 65.001E
60.00 S 45001 S
40001
40001 E
35001
20.00 S 1800
Reimb.
C nt SAm.m
On, Comment Review/Response W 9096
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11.03 Landscaping and Irrigation
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1301 WSDOTCOOrdination
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1303 Signal Modticannns at And Park E& Baker BIM.
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Page 4 of 4 7
2 21
FEEESTIMATE C@rofTukwlla
Tukwila Urban Carter. Pede tnan/Bicycie Bridge
Chru Englneming(KPFF)
Project Senior
Project
Design
Fro7,
Multiplier
Pnncipal
Manager Engineer
Engineer
CAD
Engineer
Technidan
ite,dinator
Achill
2.5846
Task
SOOPEOFWORK
66001 50.001 5000
42.001E
38001 S
35001'
22.001 1800
Reimb.
ConIrolS AmourR
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1.01 Proiex Schedule I
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102 Design Team Supplemental Agreements I
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103 Progress Reports I
I 1 I
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1.04 Invoices
1$
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CpnsvltentMeetings w City(Assume 12 meeting) 1
I 18.0 1 I
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li 1$
2.326.14
Consultant Internal Meetings( Assume 12 meeting) 1
I 24.0 I I
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20 Beall Criteria Document
2.01 Design Criteria Draft
1 8.0 I 1
240 1
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4.09401
202 Design Cnteria Final M
1 8.0 1
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4.03 Review of Report and Comments M
I 16.0 I I
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Page 1 of 4
228
FEEESTIMATE C10'of7ukwlls
Tukwila Urban Center. PedeeWaryBlcyde Bridge
Civil Enginmdng(KPFF) P
Project Senior o
ove
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Multiplier I
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Principal 1
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CAD T
Technician Coordinator A
Adrnin M
25846
Teak 8COPEOFWORK S
S 65.001
50.001 50001 4
42.001 38.001 3
35001 E 2
22001 E 18.00 R
Reimb, I
I Corrtm2Amoulrt
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1 160 I I
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16.0 I 4
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Boa Channdkstion and signing 1
1 I
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P
ParkingLotRevisions I
I I
I 160 I I 1
16.0 I
I 320 I I
I 4
40 I F
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1$ 7.174.85
Roadway Signing 1
1 I
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I 2.0 I I
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1$ 196.431
Riverview Plaza Parking Lot Circulation Study I
I I
I 160 1 I 1
160 I
I 160 I 8
8.0 I
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I$ 6,099661
Rechannelization Baker St I
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Page 2 of 4
229
FEEESTIMATE CeyefTukwlle
Tukwile Urban Comer. PedesbletyBlcycle Bridge
CMI Englneerirlg(KPFF)
Task SCOPEOFWORK
Shale Foundations
Concrete Columns
Structural Earth Walls
Steel Superstructure
Deck Slab
Hand Railings
9.04 East Approach Ramp Design
Shaft Foundations
Concrete Columns
Structural Earth Walls
Steel Superstructure
Deck Slab
Hantl Railings
9.05 Meeallaneous Structures
Wayfinding Sign Supports and Foundations
unlay Protection Structures
Miscellaneous Retaining Walls
Lighting Supports and Fountlations
9.06 kntldpated Struduml Plan Shama(Sheet Couch: t58)
General Notes and Abbreviatigns
General Plan and Elevation
Horizontal Control Plan
Construction Sequence (2 Sheets)
Foundation Layout
Pile Details
West Abutment Plan and Elevations
West Abutment Details
East Abutment Plan and Elevations
East Abutment Details
Superstructure Layout
Arch Plan antl Elevation
Arch Sections (2 Sheets)
Arch Details (3 Sheets)
Arch Tension Ties
Arch Tension Tle Details
Dad Framing Plan and Elevation (2 Sheets)
Oed Framing Plan
Deck Sections (2 Sheets)
Deck Details (2 Sheets)
Arm Connection Details (3 Sheets)
Deck Vertical Support Wyout(2 Sheets)
Deck Vertical Support Sections (2 Sheets)
Deck Vertical Support Detnis(2 Sheets)
West Apo roach Plan and Elevation
West Approach Foundation Plan and Fla such
W est Approach Superstructure Sections
W esl Approach Superstructure Details (2 Sheets)
W est Approach Deck Sections
West Approach Deck Details (2 Sheers)
East Approach Plan and Elevation
East Approach Foundation Plan antl Elevation
East Approach Superstructure Sections
East Approach Superstructure Details (2 Sheets)
East Approach Deck Sections
East Approach Deck Details (2 Sheets)
Miscellaneous Slruc[ures(2 Sheets)
907 Dellverables
30% PS Submittal
30% PSE Plen Set
Preliminary Estimated Quantaies and Costs
30% PSE QA/DC
60% PSE Submittal
60% PSE Plan Set
Specification Outhns
updated Quantities and Costs
Responses to City 30% PSE Comments
60% PSE QA/QC
90%PSE Submittal
90 PSE Plan Set
Draft Sperfication
Updated Quantities and Costs
Responses to City 60% PSE Comments
90% PSE QA/QC
F1 a] PSE Submittal
Final PSE Plan Set
Final Specification
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Principal Manager Engineer Engineer Engineer Coordinator
2 5846
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2 30 Page 3 of
FFEESTIMATE CldofTukwlla
TukvAle Urban Carper, Pedestrian/Bicycle Bridge
Chill Englneedng(KPFF) P
Project Senior P
Protecttr E
Prq A
Multiplier
I
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Principal P
Engineer C
Coortlmet., C
Admm M
2.5846
Task SCOPEOFWORK
65001 50.001 50001 4
42M 38.001 a 3
35.001 2
22001 S 18.00 R
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Page 4 of 4
231
FEEESTIMATF CKyofTukydla
Tukwila Urban Center, Pedeetrlan/Bloyde Bridge
KPG
Senior
Project Designer CAD Survey
Office I
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1
30 Topofaphicend Boundary Sur w(KPG &KPFFCINB
301 Top ographc Mappng Phase l 1
1
40 1 60 1 500 1 90.0
1 1
1$
18,209.52
3.02 Topographic Ma pp inA Phase 2 1
1
2.0 1 3.0 I 30.0 1 480
1 1
I$
9,967.06
3.03 Survey Base Review I
I
I 1 I
I 1:'.I'
I$
Reimbursablesl
I'
i 1
t '1
3,500.001
3,500.00
Y
I
1 I I
1 f
P
Subtotal)
0.0 1
6.0 1 9.0 1 80.0 1 136.0
1 0.0 1 S
3.500.00 1
31,676.581
4.0 Geoteehnleal Research and Recommendations
4.01 Field Explorations and Laboratory Testing 1
I
1 I I
I I
I$
4.02 Geotechnical Evaluation, Reporting and Meetings I
I
1 I I
I 1
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4.03 Review of Report and Comments I
I
1 I I
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Relmbursablesl
_..1
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1
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0.0 1 0.0 I 0.0 1 0.0
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5.0 H1Mrautics 1KPFF ChIl)
501 Meet with Agencies I
I
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1
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502 Establ sh 300year Flootlplain
5.03 Establish Structural Clearance 1
I
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Reimbursablesl
I
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1: 1
1
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0.0 1
0.0 1 0.0 1 0.0 1 0.0
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6.0 Environmental and Permitting Services (Landau KPFF CM6
601 Team, Agency, and Pre Application Meetings
6.02 SEPA Checklist
6.03 WSDOT Local Programs ECS
6.04 Phase I Environmental Site Assessment I
I
I I I
I 1
1$
6.05 Biological AssassmenVEFH I
t
I t I
1
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6.06 Cultural Resources Investigation I
I
I 1 I
I I
I$
6.07 Shoreline Permit I
1
I 1 I
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6.08 Wetiand/WaterwayDelineation I
I
I I I
I
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6.09 Critical Areas Report I
I
I I I
I I
I$
6.10 Mitigation Construction Documents I
I
I I I
I I
':1
6.11 IARPA 1
I
I I I
1 1
1$
6.12 Aquatic Lands Easement
Reimbursablesl
1
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:[I 1
1
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1
subtotal I
0.0 1
0.0 1 0.0 I 0.0 1 0.0
1 0.0 is
1
7.0 Project Work how
7.01 Internal Team PSE Kick-Off Meeting 1
40 t
1 4.0 1 1
1 1
1
1,210.68'
7.02 TSL Review Project Kick Off Meedng 1
4.0 1
1 4.0 I I
I 1
1
1,210.68
7.03 Tied Arch Concept Workshop I
4.0 1
I 1 1
1 1..
I$
748.10
Tied Arch Alternatives Graphics I
I
I I I
I 1'
I$
7.04 West and East Approach Concept Workshop 1
4 0 1
I 4.0 1 1
1 1
I$
1,210.68
West Approach 1
I
I I I
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1
EastApproacn I
I
I I I
I 1:..
I$
7.05 Final Concept Selection Workshop I
4.0 I
I 4.0 I I
I
I$
1,210.68
Connection Detail Sketches 1
I
I 1 1
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1$
Surface Finish Examples I
I
I 1 I
I 1
CelorExamplea I
I
I 1 I
I L
I$
Stud Model Development I
I
I I I
F-
I$
Sketch Up Quality Renderings (6) I
I
1 1 1
1 1
1$
7.06 Public Outreach 1
I
I I I
I 1
1$
Graphics I
I
I I I
I I
1$
Reimbursablesl
1 1::.. 1
I:._. 1
200.001
200.00,
I
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I E
1
Subtotal]
20.0 1
0.0 1 16.0 1 0.0 1 0.0
1 0.0 1 S
200.001$
5,790.82
8.0 CMI Enigneering
8.01 Concept Workshop and Preferred Alt Selection I
I
I I I
I F
I$
8.02 Site Prop and Demolition I
I
I I I
I
:1
8,03 Horizontal and Vertical Layout I
I
I I I
I
I
Route Layout 1
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1 I I
II'•
I
HorizontelControl 1
I
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I 1...,
1$$
Ramp transitions I
I
I I I
I 1
I
Venical Alignment 1
I
I I I
I 1
1$
VehicularCrossingofTrail 1
I
I I I
I 1
1$
Rechannelization Baker St 1
I
I I I
1 1'
1$
Riverview Plaza Driveway Reconstruction
8.04 Grading and Paving
Terrain Model
Typical Section
Coord with KCFD and USACE
8.05 TESL
8,06 Surface Water
1 i$
1 73
F, 1
1$
1 I$
I 1$
f._ 1
E° 1
Page 1 of 4
232
FEEESTIMATE: C4ofTukwila
Tukwila Urban Center, PedesbiaNBicycie Bridge
Kp0
Senior Project Designer CAD Survey Office Multiplier
De
UD LA Sury Surve Technician Crew Admin 28131745
I I I I I
Task SCOPEOFWORK
64.901 56.561 40.131 31.251 47.661 2309 Reimb.
I Cor&.dAmourd
Site Drainage M
I I I I I
I$
Infiltration
8.07 UUlides
City and Private Relocations I
I I I I I
I$
Franchise utility Coordination 1
I I I I I I
I$
SeatUe Public Utility Coordination I
I I I I I
18
8.05 Ch. nnelization and Signing 1
I I I I I
IS
ParkingLotRevisions 1
I I I I I I
IS
Roadway Signing I
I I I I I 1
I S
Riverview Plaza Parking Lot Circulation Study I
I I I I I 1
1$
Rechannelization Baker St I
I I I I I I
1$
8.09 CoetEetlmate I
I I I I I I
I
30% I
I I I I I 1
1$
60% I
I I I I I 1
1$
90% I
I I I I I I
I$
Final I
I I I I I I
1$
8.10 Specifications I
I I I I I 1
1$
60 Outline I
I I I I I I
1
90% Special Provisions I
I I I I 1
1
Final Special Provisions I
I I I I I
8.11 Pleruheets I
I I I I I
'1
30% I
I I I I I 1
I$
Site Preparation (4 sheets) I
I I I I I I
I$
TESC Plans (4 sheets) 1
I I I I I 1
I$
Roadway Sections (lshea0
Pian /Profile Sheets (3 sheets)
Drainage (4 sheets) I
1 I I I 1
1$
Utility (3sheets) I
I I I 1 I I
1$
Channelization and Signing (3 sheets) I
I I I I I 1
1$
QC Review I
I I I I I I
I$
I I I I I I
I$
'60% I
I I I I I I
I f
Site Preparation (4 sheets) I
I I I I
I$
TESC Plans (4 sheets) I
I I I I I
1$
TESC Detail (1 sheet) I
I I I I I
1$
Roadway sections(1sheet) I
I I I I I I
I$
Plan /Profile Sheets sheets) I
I I I I I
I
PavingDetail(lsheet) 1
I I I I I
1$
Drainage (4 sheets) 1
I I I I I 1
1$
Drainage Detail (1 sheet) 1
I I I I I
I$
Utility (3 sheets)
I 1 I I I 1
1$
Utility Detail (1 sheet) I
I I I I I 1
1$
Channelization and Signing (4sheets)
ChannelizaLOnDetail(1sheet) I
If
QC Review I
I 1 I I I I
1$
I
I$
90% I
I I I I I
Site Preparation (4 sheets) I
I I I I I
TESC Plans (4 sheets)
TESC Detail (1 sheet) I
I I I I I I
1$
Roadway Sections() sheet) I
I I I I I 1
I$
Plan /Profile Sheets (3 sheets) I
1 I I I I I
I$
Paving Detail (1sheet)
Dremage (3 sheets) I
I I I I I
I$
Drainage Detail (1 sheet) I
I I I I 1
I$
Utihi (3 cheats) I
I I 1 I I
I$
Udliry Detail (1 sheet) I
I I I I I
1$
Channelization and Signing (4 sheets) I
I I I I I
I$
Channelization Detail() sheet) I
I I I I I
7 i
I$
QC Review I
I I I I I 1
1$
I
I I I I I I
I$
100% I
I I I I I 1
1$
Site Preparation (4 sheets) I
I I I I I 1
1$
TESC Plans (4 sheets) I
I I I I I 1
I$
TESC Detail (1 sheet) I
I I I I I I
I$
RoadwaySections(isheet) 1
I I I I I I
1$
Plan /Profile Sheets (3 sheets) 1
I I I I I 1$
PavingDetail(lsheet) I
I I I 1 I 11$
Drainage (4 sheets) I
I I f I I
9$
Drainage Detail (1 sheet) I
I I I I I 1
1$
Utility (3 sheets) 1
I I I I
1$
Utility Detail (1 sheet) I
I I I I I$
Channelizatio n and Signing (4 sheets) I
f I I I
i$
Channelization Derail (1 sheet) I
I I I I I
1$
QC Review I
I I I I I
I$
I
I I I I I I
I$
Final Bid Set I
I I I I I
1$
Site Preparation (4 sheets) I
I I I I I
I$
TESC Plans (4 sheets) I
I I I I I
I$
TESC Detail (1 sheet) I
I I I I I 1.
1$
RoadwaySections(Ssheet) I
I I I I I 1
1$
Plan /Profile Sheets (3 sheets) I
I I I I I 1
I$
Paving Detail (lahear) I
I I I I I 1
I$
Orainage (4 sheets) 1
I I I I I 1
I$
Orainage Detail (I sheet) 1
I I I I I 1
I$
utifity(3snasts) I
I I I I I 1
I$
Utiliry Detail (1 sheet) 1
I I I I I I
I$
Channelization and Signing (4 sheets) 1
I I I I I 1
1$
Channelization Detail (1 sheet) 1
I 1 I 1 I 1
I$
QC Raview 1
I I I I I
1$
Reimbursablesl
�1. 1- i I i 1
I
I
Subtotal)
I I I I I I
0.0 1 0.0 I O.O t O.0 I 0.0 I 0.0 I S
z
a:=
9.0 Structural Entinsedng(KPFF)
9.01 Baels of Design I
I I I I I I
I$
9.02 Bridge Design I
I I 1 1 I I
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Deep Foundations I
I I I I I I
1$
Page 2 of 4
233
FEEESTIMATE ClyaTularlle
Tukella Urban Carder, PedestriarVElayyele Bridge
KPO
Senior Project I CAD Survey I Omce
Multiplier
UD LA Sury SuNe Technician Crew Admin
I LA/ I
I
2881745
3
Teak SCOPEOFWORK
64.901 56.561 40.131 31.251 47.661 23.08
Reimb.
I Contract Amount
West Abutment
I I I I I I
I
9$
East Abutment
I I I I I I
I
I$
Arch Steel Pipe.
I I I I I I
1
I$
Aroh Abutment Connections
I I I I I I
I
Arch Tension Ties
1 I I I I
1
I
Arch Miscellaneous Connections
I I I I I
1
I$
Deck structure Framing
1 I I I I
1
I$
Deck Slab
I I I I
1'
I$
Deck Hand Railing
J 1 J
1 I I I I
1
I$
Arch Suspension Hangers
I I I I I I
1
I$
9.03 WedApp.aeh Ramp Dei lgn
I I I I I I
I
I$
Shaft Foundations
I I I I I I
1
I$
concrete Columns
I I I I I I
I
I$
Structural Earth Walls
I I I I I I
1
I$
Steel Superstructure
I I I I I I
I
I$
DeckSlab
I I I I I I
1
I$
Hand Railings
I I I I I I
I
I$
9.04 East Approach Ramp Design
I I I I I I
I
I f
Shaft Foundations
If
Concrete Columns
I I I I I I
1
I$
SVuctural Earth Walls
Steel Superstructure
I I I I I I
I
I$
DeckSlab
I I I I I I
I$
Hand Railings
I I I I I I
I
I$
9.05 MleceilleneousStructurea
I I I I I I
I
I$
WayfindingSign Supports and Foundations
1 I I I I I
I
I$
Utility Protection Structures
Miscellaneous Retaining Walls
I I I I I
I
I$
LightingSupports and Foundations
1 I I I I I
I
I$
9.06 Anticlpated Structural Plan Sheet. (Sheet Count 358)
I I I I I
I
1
General Notes and Abbreviations
I I I I I
I.
I$
General Plan and Elevation
I I I I I
1
I$
Horizontal Control Plan
I I I 1 I
1
Construction Seouence (2 Sheets)
I I I I I
I
I
Foundation Layout
I I I I I
1
I$
Pile Details
I I I I I
1
I$
WestAbutmentPlan and Elevations
I I I I I I
1
I$
WestAbuVnentDetails
I I I I I I
1
I$
EastAbuVnent Plan and Elevations
I I I I I 1
1
I$
East AbutmemDetaire
I I I I I I
1
I$
Superstructure Layout
I I I I I I
1
I$
Arch Plan and Elevation
I I I I I I
1
I$
Arch Sections (2 Sheets)
I 1 I I I I
1
I$
Arch Details (3 Sheets)
I$
Arch Tension Tie.
I I I I I I
I
I$
Arch Tension Tie Details
I I I I I
I
I$ I
Deck Fram in g Plan and Elevation (2 Sheets)
I 1 I I I I
1
I$ I
Deck Framing Plan
I I I I I
I
I$ I
Deck Sections (2 Sheets)
I I I I I
1
I$
Deck Details (2 Sheets)
I I I I I
1
I$
Arch Connection Detail. (3 Sheet.)
I I I I I I
I
I$
Deck Vertical SupportLayout(2 Sheets)
I I I I I
I
I$
DeckVerticalSupport Sections (2Sheets)
Deck Vertical Support Details (2Sheets)
West Approach Plan and Elevation
I I I I I I
I
I$ I
West Approach Foundation Plan and Elevation
I I I I I I
I I
West Approach Superstructure Sections
I I I I I I,
1
1$ I
West Approach Superstructure Details l2 Sheets)
I I I I I I
1
I$ I
West Approach Deck Sections
I I I 1 I
1
I$
West Approach Deck Do ile(2Sheets)
I 1 I I
1
I$
East Approach Plan and Elevation
I I I I I
1
I$
East Approach Foundation Plan and Elevation
I I I I
1
I
East Approach Superstructure Sections
I I I I I
I
I$
EastApproachSup erstructureDetails(2Sheets)
I I I I I I
1
I$
EastApproachDeckSections
I I
I 1 I
1
I$
East Approach Deck Details (2 Sheets)
I I
I i I
1
1$
Miscellaneous Structures (2Sheets)
I I
I I I I
1
I$
9.07 Deliverables
I I I I I
I-
I$
30%PSESubmltrel
I I I I I
I
I$
30%PSE Plan Set
I I I 1 I I
1$
Preliminary Estimated Quantities and Costs
I I I I I
I
30%PSEQA/QC
I I I I I I
1
1$
I I I I I I
1
IS
60%PSESubmittal
I I I I I I
I
I$
60 %PSE Plan Set
I I I I I
1
I$
Specification Outline
I I I I I
1
1$
Updated Quantities and Costs
I I I 1 I
I
I$
Responsesto City 30 %PSEComments
I I I I
1
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60 %PSE QA/QC
I I I I I
1
1$ I
I I I I
I
I$ I
90%PSE Submittal
I I I I I
1
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90 %PSE Plan see
I I I I I
I
I$
Draft Specuicatlon
I I I I I
I
I$
UpdatedQuantitiesandCosts
I I I I I I
I
I$
Responses to City 60 %PSE Comments
I I I I I I
1
I$
90 %PSEQA/QC
I I I I I I
1
1$
I I I I I I
1
I$
FInaIPSESubmittal
I I I I I I
1
I$
Final PSE Plan Set
Final Specific bon
Final Quantities and Cost.
1 I I I I I
I$
ResponsestoCRy90 %PSEComments
1 I I I I I
1-
I$
Final PSE QA/QC
I I I I I I
L
I$
Reimbursablesl
I I I I I I
1
1
Subtotal) 0.0 1 0.0 I 0.0 1 0.0 I 0.0 I 0.0
is
10.0 Bridge'.. ....Collaboratlon(LMN)
Page 3 of 4
234
FEEESTIMATE Chyof Tukwila
Tukwlia Urban Center, Pedeetzlan/Blcyde Bridge
KPG
Senior
Project
Designer CAD
Survey
Office
I
Multiplier
0
UD /LA I
Bury
11,Vsurvey l Technician)
Crew
Admit
2881745
H
Task SCOPEOF WORK
64.901
56.561 40.131 31251 47.66 I 23.08
Reimb.
I GentlestAmourd
1001 Bddge Structure
I
I
1 I I
I
1
I$
Arch Geometry
I
I
I I I
1
1$
Arch Color
I
I
I I 1
I
I
I$
Connections Susp Cables
Connections Bridge Deck
1
I
I I
I
1
1$
Connections Abutments
I
I
1 I i
I
1
I$
Connections T ied Arch
Connections Lateral Support
1002 Approach Ramps
I
I
1 I I
I
1
I$
Column Treatments
I
I
1 I I
I
1
I$
SuPerstructure Treatments
I
I
I I I
I
i,
1$
Deck Treatments
I
I
I I I
I
L
I$
Earthwall Treatments
I
I
I I I
I
I S
Handrail System
I
I
I I I
I
i
11$
1003 Dreg Basle of Dealgn Document
I
I
I I I
I
1
I$
1004 30% Plan Set
I$
10 05 30%PSE Debrief (with crM
I
I
I I I
I
1
1$
10.06 Archltectural Sheers /Design
I
I
I I I
I
I
"1
Code Sheet
I
I
I I I
I
l
I$
Elevetlons
I$
Sections 12 sheets)
I
I
I I I
I
I
1$
Connection Details (2 sheets)
I
I
I I I
I
I
I$
Lighting Coordination
1
I
I 1 I
I
I
I$
Approach Sections, East
I
I
I I I
I
I
I$
Approach Secitona, West
I
I
I I I
I
1
1$
Hantlrail Details
I
I
I I I
I
i
I$
Study Model Development
I
I
1 I 1
I
1
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1007 Flnel Beals of Design Document
I
I
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I
1
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3008 SO%Submihal
Y
I
I I I
I
I
1$
60 Plan set
1
I
I I I
I
I$
OuUineSpecs
1
I
I I I
I
I$
60 %PSE Debrief (with city)
1
I
I I I
I
I$
City Comment Review Response to 30%
I
I
I I I
1
I$
10.09 90%SubmlltaI
I
I
I 1 I
1
1
I$
90 %P Ian Set
1
I
I I I
I
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I$
Draft Specs
1
I
I I I
I
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90 %PSE Debrief (with city)
1
1
I 1 I
I
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I$
City Comment Review Response to 60%
I
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I$
10.10 100%Submitial
I
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I I I
l
I$
100% Plan Set
I
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I I I
l
I$
Final Specs
I
I
I I I
I
1$
City Comment Review Response to 90%
I
Reimbursablesl
1 'f`
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1
I
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I I I
I
I
I
Subtotal:
0.0
0.0
I 0.0 I 0.0 I
0.0
0.0
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11.0 Urban Design and Way Finding
11.01 Illumination
1
40.0 I
I 148.0 I 200.0 1
I
l
I$
42,607.29
11.02 Wayfinding, Furnishings &Signal
1
16.0 I
I 40.0 I 64.0
1$
13,381.67
1103 Landscaping and Irrigation
1
30.0 I
1 96.0 I 124.0 1
I
l
1$
27,879.38
11.04 Walkway Selection/ Parking Lot Trail Alignment Studies
I
24.0 1
1 54.0 72.0 _1
1
17,217.33
Reimbursablesl
1 I
500001
500.00
1
1
Subtotal)
310.0 1
0.0
I 938.0 480.0
0.0
I 0.0
1
800.00 I
101.585.68
12.0 Twee. Size, aM Lncatlon Report ICOmplrnel
i$
Relmbursables:
i t
1
1
1
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0.0
0.0
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6
13.01 WSDOT Coordination
WSDOT
1
6.0 I
20.0
I 20.0 I 20.0 I
I
1
I
8,495.96
esign
1303
14.0
l 3
21.855.15
Signal ions atAndover Park E� &Beker
20
6A
1 16.0 I I
I
1 aM„v,
S
4,282.96
Reimbursablesl
1
1 1 1
I
1.000.0013
1,000.00
Subtotal:
22.0 I
68.0
I 112.0 I 72.0 I
0.0
I 0.0
1 S
1.000.00 I S
35.634.08
14.0 RIRV -Wa S.,A-
14.01 Legal Description
I
I
1.0
I 12.0 I I
I
1
l$
1,550.72
14.02 Right- of-Way Plan
I
1
7.0
I 26.0 I 32.0 I
20.0
I
1
IS
9,776.32
14.03 Title Reports
1
1
8.0
1 36.0 1 12.0 I
26.0
1
I
I
10,118.73
Reimbursablesl
1
1 1
1
I$
2.000.001$
2,000.00
Y
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Subtotal)
0.0 1
16.0
I 74.0 I 44.0 1
46.0
1 0.0
1 S
2.000.00 I$
23.44517 t
15.0 Conatru.11 .0PPRServiese
Y
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1 T
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0.0 1
0.0
1 0.0 I 0.0 1
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Tab d Hours
197.0
90.0
549.0 7010
184.0
0.0
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7.450.00 I
210,851,5271
Page 4 of 4
235
FEEESTIMATE Cltyof Tukwlla
Tukwila Urban Center, Pedeatrlan/Blgde Bridge
236
LMN Architects
Partner
Project I
Project
I Project I
Intern
Admin
I Specs I
QA/QC
Multiplier
Manager
Designer
Architect
3.1541
r
I SCOPE OF WORK
I
I
I I
I
I I
I ComrectAmoum
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72.84
39.42
44.23 34.86
23.56
1835 S 39.42
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1.03
120
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1.04 Invoices 1
I
12.0 I
I I
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12.0 I I
1
I
2,202.11
1.05 Team Meetings (Assume 12 meetings 3 City Workshops) 1
180 I
18.0 I
18.0 1 18.0 I
9.0
11,534.66
Consultant Meetings w/ Ciry (Assume 12 meeting)
Consultant Internal Meetings (Assume 12 meetinP,)
Reimbursablesl'
I
I
I
I
I
1$
Subtotal: 20.0 I 50.0 I
18.0 I 18.0 I
9.0 I 25.0 I 0.0 I
0.0 1
1 Y
17 452.46
2.0 Design Criteria Document
201 Design Criteria Draft
1$
2.02 Design Criteria Final M
I
I
I I
I
I
I
1$
Reimbursablesl
I
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I I
1 II
1 1.
1
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Subtotal M
0.0 I
0.0 I
0.0 I 0.0 I
0.0 1
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3.o Topofraphle and BourMa!v Survey (KPG 6KPFFCivin
3.01 Topographic Mapping Phase) I
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3.02 Topographic Mapping Phase 2 M
I
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I$
3.03 Survey Base Review
I I
1
I I
I$
ReimbursablesM
J
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I I
1.
7 E'
6
1
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I
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I I
I
I I
G
1
Subtotal M
0.0 I
0.0 1
0.0 1 0.0 I
0.0 I
0.0 1 0.0 1
0.0
4.0 Geotachnicel Research and Recomme idatioro
4.01 Field Explorations and Laboratory Testing I
I
I
I I
I
I I
I$
4.02 Geotechnical Evaluation, Reporting and Meetings M
1
I
I I
I
I I
1
1$
4.03 Review of Report and Comments
I
I
1 I
1
1 I
1$
ReimbursablesM
I
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I I
r
I 1
I$
I$
I
Subtotal y
0.0
0.0 1
0.0 I 0.0 I
0.0 I
0.0 I 0.0 I
0.0 I
I
5.0 Hydroulics(KPFF Civil
5.01 Meet with Agencies M
1
I
I I
I
I I
1$
5.02 Establish 100 -year Floodplain I
I
I
I I
I
I I
1
I$
5.03 Establish Structural Clearance M
1
I 1
1
I 1
1
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Reimbursablesk.
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0.0 I
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6.0 Environmental and PermittingSenrim (Landau KPFF Civil)
6.01 Team, Agency, and Pre Application Meetings I
I
I
I I
I
I I
I$
6.02 SEPA Checklist
6.03 ASCOT Local Programs ECS I
I
I
I I
I
I I
1':::....
I$
6.04 Phase I Environmental Site Assessment I
I
I
I I
I
I I
1
1$
6.05 BiologicalAssessment/EFH 1
I
I
I I
I
I I
I$
6.06 Cultural Resources Investigation I
I
I
I I
I
I I
1
I$
6.07 Shoreline Permit I
I
I
I I
I
I I
I..
I$
6.08 Wedand /Waterway Delineation I
I
I
I I
I
I I
f-
6.09 Critical Areas Report
6.10 Mitigation Construction Documents I
I
I
I 1
i
1
1:.
I$
6.11 DARPA
I
1
I I
1
I
1...
1$
6.12 Aquatic Lands Easement I
I
I
i I
Reimbursablesl
I
I I
Subtotal)
0.0 1
0.0 I
0.0 1 0.0 I
0.0 1
0.0 1 0.0 1
0.0 1
I
1
7.0 Project: Workshop-
7.01 Internal Team PSE Kick -Off Meeting 1
4D 1
I
40 1 I
1
1 1
I
I$
1,477.28
7.02 TSL Review& Project Kick Off Meeting I
40 I
I
40 1 I
I
I I
I
I$
1,47728
7.03 Tied Arch Concept Workshop I
40 I
I
40 1 I
I
1 I
I$
1.47728
Tied Arch Alternatives Graphics I
2.0 I
2.0 I
8.0 I I
24.0 I
I I
II J
1$
3608.35
7,04 West and East Approach Concept Workshop I
40 I
I
4 0 I I
I
i I
1
1$
147728
West Approach 1
2.0 I
2.0 I
8.0 1 1
8 0 1
1 1
t
1
2,419.15
East Approach 1
2.0 I
20 I
8.0 I
8.0 I
I I
S
2,419.15
7.05 Final Concept Selection Workshop 1
4.0 I
I
4 0 1 I
I
I I
1
1,477.28
Connection Detail Sketches I
2.0 1
2.0 I
8.0 I I
160 I
I I
1
1$
3,013.75
Surface Finish Examples
2.0 I
1.0 I
40 I I
8.0 I
I I
1.736.66
Color Examples I
20 I
1.0 I
4.0 I I
8.0 I
I I
1
'I$
1,736.66
Study Model Development I
I
I
10.0 I I
40.0 I
I I
I
4,368.31
Sketch Up Quality Renderings (6) I
I
I
8.0 I I
16.0 I
I I
1
2,305.45
7.06 Public Outreach I
40 I
I
4.0 1 1
1
I 1
1
1
1,477.28
Graphics I
16.0 I
8.0 I
32.0 I I
40.0 I
I I
1
12,109.51
Reimbursablesr':
1
I
1 1
1
1
1
2,500.00 1$
2,500.00
Subtotal)
52.0 1
18.0 1
114.0 1 0.0 1
168.0 1
0.0 1 0.0 1
0.0 1 S
2.500.00 1
45,080.69
8.0 CKA1 EroneeIN
8.01 Concept Workshop and Preferred Alt Selection
I
I
I 1
I
I I
I"
1
8.02 Site Prop and Demolition
8.03 Horizontal and vertical Layout
Route Layout
I
I
I I
I
I I
Fs
1
Horizontal Control
Ramp uansitions I
I
I
I I
I
I I
Ei
Vertical Alignment
Vehicular Crossing of Trail
Rechannelization Baker St
I Riverview Plaza Driveway Reconstruction
8.04 Grading and Paving
I
Terrain Model I
I
I
I
I
I I
F
1
Typical Section I
I
I
I I
I
I I
f
Ccord with KCFD and USACE
8.05 TESL I
I
I
I I
I
1 I
I
8.06 Surface Water I
I
I
I I
I
I I
1
1
Page 1 of 4
FEEFSTMATE Cttyar Tukwila
Tukwila Urban Center, Pedestriart/Blcycle Bridge
WIN Archltecfi
Teak SCOPE OF WORK
TIR
Site Drainage
Infiltration
8.07 Utilities
City and Private Relocations
Franchise Utility Coordination
Seattle Public Utility Coordination
8.08 Channelization and Signing
F Parking Lot Revisions
F Roadway Signing
F Riverview Plaza Parking Lot Circulation Study
F Rechannelization Baker St
8.09 Cost Estimate
30%
60%
90%
Final
8.10 Specifications
60 %Outline
90% Special Provisions
Final Special Provisions
8.11 Planaheete
30%
Site Preparation (4 sheets)
TESC Plans (4 sheets)
Roadway Sections (1 sheet)
Plan /Profile Sheets (3 sheets)
Drainage (4 sheets)
Utility (3 sheets)
Channelization and Signing (3 sheets)
QC Review
'60%
Site Preparation (4 sheets)
TESC Plans (4 sheets)
TESC Detail (1 sheet)
Roadway Sections (1 sheet)
Plan /Profile Sheets (3 sheets)
Paving Detail (I sheet)
Drainage (4 sheets)
Drainage Detail (1 sheet)
Utility (3 sheets)
Utility Detail (1 sheet)
Channelization and Signing(4 sheets)
Channelization Detail (1 sheet)
QC Review
90%
Site Preparation (4 sheets)
TESC Plans (4 sheets)
TESC Detail (1 sheet)
Roadway Sections (1 sheet)
Plan /Profile Sheets (3 sheets)
Paving Detail (1 sheet)
Drainage (3 sheets)
Drainage Detail (1 sheet)
Utility (3 sheets)
Utility Detail (1 sheet)
Channelization and Signing(4 sheets)
Channelization Detail (1 sheet)
QC Review
100%
Site Preparation (4 sheets)
TESC Plans (4 sheets)
TESC Detail (I sheet)
Roadway Sections (1 sheet)
Plan /Profile Sheets (3 sheets)
Paving Detail (1 sheet)
Drainage (4 sheets)
Drainage Detail (1 sheet)
Utility (3 sheets)
Utility Detail (1 sheet)
Channelization and Signing (4 sheets)
Channelization Detail (1 sheet)
QC Review
Final Bid Set
Site Preparation (4 sheets)
TESC Plans (4 sheets)
TESC Detail (I sheet)
Roadway Sections (1 sheet)
Plan /Profile Sheets (3 sheets)
Paving Detail (1 sheet)
Drainage (4 sheets)
Drainage Detail (i sheet)
Utility (3 sheets)
Utility Detail (I sheet)
Channelization and Signing(4 sheets)
Channelization Detail (1 sheet)
QC Review
9.0 Structural Ertl
9.01 Basle of D"g
9.02 Bridge Deaign
Partner
72.84
I
M
I
I
I
I
I
I
I
r
I
I
M
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1
I
1
I
I
1
I
I
I
I
I
I
I
I
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I
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Reimbursables$
I
Subtotal I 0.0
Project r I Project Project I Intern I Ad-in
Mans Designer Architect
39.42 I 44.23 I 34.86 I 23.56 I 18.75
I I I I
1 I I I
I I I I
I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I 1 I I
I 1 I I
I 1 I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I 1 I
I I I I
I 1
I I I I
I I I I
I 1 I I
I I I I
I I I 1
I I I 1
I I I I
I I 1 I
I I I I
I 1 I I
I I I I
I I I 1
I I I I
I I I I
I I I I
I I I I
I I 1 1
I I i I
I I I I
I I 1 I
I I I I
I I 1 I
I I 1 I
I I I I
I 1 I
I I I I
I I I I
1 I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I
I I
I I I I
I I I I
I I I I
I I I I
I I I I
1 I I I
1 I I I
1 I I I
I I I I
I I I I
I I I I
I I I I
1 d 1
I I I I
0.0 I 0.0 I 0.0 I 0.0 0.0
Specs I QA/QC Multiplier
3.154
39.42 I 38.42 Reimb,
I
0.0 1 0.0
CorltractAmount
I
Page 2 of 4
237
FEEESTIMATE Cltyof Tukwila
Tukwila Urban Center, PadesVlar /Bicycle Bridge
'LMN Architects
Partner
Project I Project
Project Intern Admin
Spea I QA/QC
Multiplier
Manager Designer
Architect
3 .1b4f
h
I I
I I
I C ntractAmurt
Teak SCOPE OF WORK
7284 I 3942 I 44.23 I 34.86 23.56 18.75
39.42 3842
Reimb.
I I I
Deep Foundations
West Abutment
M
I
I I I I
East Abutment
M
I I I I I
I I
1$
I I I I I
I I I
I$
Arch Steel Pipes
M
I I I I
I I
I$
Arch Abutment Connections
Y
I
I I I I
I I
1$
Arch Tension Ties
ArchMiscellaneousConnections
I
I
I I I I I
I I I
I$
Deck Superstructure Framing
I
I I I I I
I I
DeckSlab
Deck Hand Railing
I
I I I I I
I I 1
ArchSuspensionHangers
1
I I I I I
I I I
I$
903 West Approach Romp Design
I
I I I I I
I I 1
Shaft Foundations
I
I I I I I
I I 1
I$
Concrete Columns
1
I I I I I
I I I
I$
Structural Earth Walls
M
I 1 I I I
I I I
Steel Superstructure
M
I I I I I
I I 1
I$
Deck Slab
M
I I 1 I I
I I 1
1$
Hand Railings
M
I I I I I
I I 1
1$
904 Eeat Approach Ramp Design
M
I I I I I
I I I
Shaft Foundations
M
I I I I
I I F
Concrete Columns
M
I I I I I
I I I
Structural Earth Walls
M
I I 1 I
I I
I$
Steel Superstructure
M
I I I I I
I I
1$
Deck Slab
M
I I I I I
1 I 1
1$
Hand Railings
N
I I I I I
I I
-.1
905 Mlecelleneouastrueturea
M
I I I I
I I I
1$
WayfindingSignSupportsandFoundations
I I I I I
I I
1$
utility Protection Structures
M
I I I I
I I I
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Miscellaneous Retaining Walls
N
I I I I I
I I
1$
Lighting Supports and Foundations
1
I I I I
I I 1
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9,06 Anticipated Structural Plan Sheets (Sheet Count t58)
I
I I I I I
I I
1$
General Notes and Abbreviations
1
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General Plan and Elevation
1
1 I I I I
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Horizontal Control Plan
1
I I I I
I I I
1$
Construction Sequence (2 Sheets)
I
I I I I I
I I 1
1$
Foundation Layout
1
I I I I I
I I 1
I$
Pile Details
1
I I I I I
I I
1$
West Abutment Plan and Elevations
1
1 I I I I
I I
WestAbutmentDetails
1
I I I I I
I I 1
1$
East Abutment Plan and Elevations
1
I I I I I
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East Abutment Details
M
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Superstructure Layout
1
I I I I I
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1$
Arch Plan and Elevation
1
I I I I I
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1$
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1
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Arch Details (3Sheets)
1
1 I I I I
I I
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Arch Tension Ties
M
1 I I I I
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1$
Arch Tension Tie Details
M
I I I I I
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1$
Deck Framing Plan and Elevation (2 Sheets)
M
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Deck Framing Plan
Deck Sections (2 Sheets)
M
I I I I I
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Deck Details (2 Sheets)
I I I I I
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Arch Connection Details (3 Sheets)
M
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M
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Deck Vertical Support Sections (2 Sheets)
M
I I I I I
I I I
1$
Deck Vertical Support Details (2 Sheets)
M
I 1 I I I
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1$
West Approach Plan and Elevation
M
I I I I I
I I
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West Approach Foundation Plan and Elevation
M
I I I I I
I I 1
'1
West Approach Superstructure Sections
M
I I I I I
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I I I I I
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West Approach Deck Sections
M
I I I I I
I I I
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West Approach Deck Details (2 Sheets)
I I I I I
I I 1
1$
East Approach Plan and Elevation
I I I I I
I I, 1
1$
Eaat Approach Foundation Plan and Elevation
1
I I I I I
1 I I
1$
East Approach Superstructure Sections
M
I I I I I
I I 1
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I I I I I
I I I$
East Approach Deck Sections
I I I I I
I I I
1$
East Approach Deck Details (2 Sheets)
M
I I I I I
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1$
Miscellaneous Structures (2 Sheets)
M
I I I I I
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1$
9.07 Dellverablas
I
I I I I I
I I 1
1$
30% PSE Submittal
I I I I I
I I 1
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30% PSE Plan Set
I I I I I
I I I
1$
Preliminary Estimated Quantities and Costs
1 I I I I
I I
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30% PSE QA/QC
1
1 I I I I
I I I
1$
Y
I I I I I
I I I
1$
60% PSE SubmKal
1
I I I I I
I I F
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60% PSE Plan Set
I
I I I I I
I I I
1$
Specification Outline
1
I I I I I
I I 1
1$
UPdated Quantities and Costs
1
I I I I
I I I
1$
Responses to City 30% PSE Comments
1
I I I I
I I I
13
60% PSE QA/QC
I
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I I 1
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I
I I I I
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9$
90% PSE Submittal
1
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90% PSE Plan Set
1
I I I 1 I
I I I
1$ 1
Draft Specification
M
I I I I I
I I 1
1$ I
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I
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I I 1
1$ I
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1
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1$ I
90 PSE QA/QC
1
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I I 1
1$
1
I I I I I
I I 1
1$
Final PSE Submittal
I
I I I I I
I I 1
1$
Final PSE Plan Set
1
I I I I I
I I 1
Final Specification
M
I I I I I
I I 1
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Final Quantities and Costs
Responses to City 90% PSE Comments
M
I I I I I
I I 1
1$
Final PSE QA/QC
I
I I 1 I I
I I I
1$
Reimbursablesl
I I i I
I I$
I$
Y
I I I I I
I I
Subtotal(
0.0 1 0.0 1 0.0 1 0.0 1 0.0 1 0.0
0.0 1 0.0 I
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Page 3 of 4
238
FEE ESTIMATE City of Tukwila
Tukwila Urban Center, Pedestrlan/Bluyce Bridge
LMN Architects
Partner
Project I
Project
Project I
Intern I
Admin
I Specs I QA /QC
Multiplier I
I
Manager Designer Architect
3.1b47
1
I
I
I
I I
I DarnraCt Anloum
Task
SCOPE OF WORK
72.84 I
$39.42 I
44.23 I
34.86
23.56
18.75 39.42 $38.42
Reimb.
10.0
Bridge Aesthetics Collaboration(I.MN)
10.01 Bridge Structure
I
I
I
I
I
I
I I
1 I$
Arch Geometry
1
14.0 I
16.0 I
80.0 I
I
40.0 I
I I
I$
19,342.35
Arch Color
I
2.0 I
1.0 I
2.0 I
I
20 I
I I
I I$
1,011.65
Connections Susp Cables
1
2.0 I
1.0 I
2.0 I
I
2.0 I
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1
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l
2.0 I
1.0 1
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1,011.65
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h
2.0 I
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2.0 I
I
2.0 I
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1,011.65
Connections Tied Arch
1
2.0 I
1.0 1
2.0 I
1
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h
2.0 I
1.0 I
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M
I
1
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ColumnTreatments
2.0 I
1.0 I
2.0 I
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20 I
I I
1 I Y
1,011.65
Superstructure Treatments
2.0 I
1.0 I
2.0 I
I
2.0 I
I I
I 1$
1,011.65
Deck Treatments
1
2.0 I
1.0 I
2.0 I
I
2.0 1
I I
1$
1,011.65
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1
2.0 I
1.0 1
2.0 I
I
2.0 1
I I
I 1$
1,011.65
Handrail System
i
2.0 1
2.0 I
2.0
1$
1,136.01
10.03 Draft Basis of Design Document
1
I
I
10.04 30%Plan Set
1
I
10.0 1
6.0 1
1
16.0 1
I I 10.0
I 1$
4,482.01
10.05 3O%PSEDebrid(withcp0
1
2.0 I
4.0 I
4.0 I
I
I
I I
I I$
1,515.14
10.06 ArchReetural Sheets /Deelgr
1
I
I
I
I
I
I I
1 I$
Code Sheet
1
1
6.0 I
1
10.0 1
6.0 I
I 1
I 1$
2.291.83
Elevations
1
10.0 1
100 1
16.0 1
6.0 I
I 1
1 I$
4,844.42
Sections (2 sheets)
1
I
10.0 1
16,0 1
26.0 1
10.0 1
I I
I$
7 078.64
Connection Details (2 sheets)
I
I
100 1
16.0 1
26.0 1
10.0 1
I I
I 1$
7,07864
I ing Coordination
I
6.0 1
6.0 1
10.0 1
6.0 1
1 I
I I$
3,129.02
Approach Sections, East
I
I
8.0 1
8.0 I
20.0 1
10.0 I
1 I
I I$
5,053.83
Approach Secitons'West
I
I
8.0 1
8.0 I
20.0 1
10.0 I
1 I
I I$
5,053.83
Handrail Details
1
1
8.0 1
10.0 I
200 1
10.0 I
1 I
I I$
5,332.89
Study Model Development
1
1
1
10.0 I
20.0 1
40.0 I
1 I
1$
6,567.77
10.07 Final Basle of Design Document
10.08 SOXSubmktal
60% Plan Set
1
16.0 I
10.0 1
I
100 1
200 1
1 I 160
I'.
9,445.68
Outline Specs
1
100 1
4.0 I
100 1
1
1 260 1 8.0
1: 1
7,10438
60% PSE Debrief (with city)
2.0 I
4.0 I
4.0 I
4.0 1
I
I I
E I
1,955.03
City Comment Review/ Response to 30%
h
4.0 I
20.0 1
4.0 1
I
100 1
I I
1 I$
4,707.70
10.09 BO %Submittal
M
I
I
I
I
I
I I
i 1$
90 %Plan Set
10.0 1
50.0 1
26.0
80.0 1
500 1
I 1 10.0
1 1
25,869.74
Draft Specs
I
10.0 1
4.0 I
200 1
I
I 26.0 1 8.0
l$
8,204.11
9C %PSE Debrief (With city)
20 I
40 1
I
4.0 1
1
I 1
I 1$
1,396.90
City Comment Review/ Response to 60%
2.0 I
10.0 1
10.0 I
16.0 1
I
80 1 1
I I
5,331.25
10.10 100%Submmal
M
I
I
I
I
I
I I
1 I$
100% Plan Set
8.0 I
16.0 1
16.0 1
24.0 1
24.0 1
1 1
I:' 1
10,483.70
Final Specs
1
I
4.0 1
8.0 1
1
1 16.0 1
1$
3,366.95
City Comment Review Response to 90%
2 0
8.0 1
8.0 I
16.0 j
1
4.0 1 1
I _1
4,566.87
Reimbursablesl
t
I
1
t
I
1 1
1$ 2,50000 1$
2,50000
1
1
I
I
I
1
I I
Subtotal y 84.0 1
254.0 1 272.0 I 360.0 1 290.0 I
12.0 68.0 I
52.0
1 2,500.00 1
167,955.18
11.0 Urban Design and Way Finding
11.01 Illumination
I
I
I
I
I
I I
I I$
11.02 Wavfinding, Furnishings Signal
I
I
I
I
I
I
I I
I 1$
11.03 Landscaping and irrigation
1
I
I
I
I
I
1 1$
11.04 Walkway Selection/ Parking Lot Trail Alignment Studies
I
I
1
I
I
E 1
Reimbursablesl
T
I
1
t'
F .I
I
1
I
I
I
I
I
1 I
I
Subtotal)
0.0 1
0.0 1
0.0 1
0.0
0.0 1
0.0 1 0.0 I 0.0
1 I
12.0 Types. Size. and Location Report (Complete)
I
1
I
1
I
I
I 1
1 I Y
I
Reimbursablesl
Ill
i
1
t:
1
i i
i$ I$
I
I
I
I
I
1
I 1
I 1
Subtotal
0.0 1
0.0 1
0.0 1
0.0 1
0.0 1
0.0 1 0.0 1 0.0
1 1
13.0 Slf.rel Design
1301 WSDOTC dination
A
I
I
I
I
I I
1$
13.02 Pedestrian Signal Across West Valley Highway Design
I
I
I
I
I I
1 I
13.03 Signal Modifications at Andover Park E Baker Blvd.
I
I
I
I
I 1
1 1
Reimbursablesl
r
1
l
I
I I
I$ I$
M
Subtotal
0.0 1
0.0 1
0.0 1
0.0 1
0.0 1
0.0 1 0.0 1 O.0
I
14.0 RlgitbFWeyServicas
1401 Legal Description
l
I
I
I
I
I
I I
1 I$
14.02 Riga -of -Way Plan
1
1
I
I
I
I
I I
1 1$
14.03 Title Reports
1
I
I_
I
I
I I
F 1$
Reimbursables
I
1
1
i
I
1I
I
I
I
I
I
I
I
I 1
1
Subtotal
0.0 1
0.0 1
0.0 1
0.0 I
0.0 1
0.0 I 0.0 1 0.0
I 1
15.0 Construction Support Services
I
I
I
I
I
I
I 1
1 1$
Reimbursablesl
1
I
I 1
I
I
I
I
I
I
I
I I
1 1
Subtotal)
0.0 1
0.0 1
0.0 1
0.0 1
0.0 1
0.0 1 0.0 1 0.0
1 I
1
1
j
Total Hours
156.0
322.0
404,0
378.0
467.0
370 68.0 520
6,000.00 1
230,488.33
Page 4 of 4
239
FEEFSTIMATE ClyofTUkwlle
Tukwila Urban Center, Pedeetalan/Bluyele Bridge
landau Aa4oelatea Senior Staff
S('A0r
SStpa!
I_D/hlSl
iPrincipall IASSOCia[el Senior I POf- I Protect I Staff I I
/rc!
Coots I
3�58]r
Task
I Sl701E.1 -11N 5 6500 1 E S6.00 I S 4] OO I E 40 00 I 3600 3200 1 E 3000 1 5 2500 1 E 31.W 2400
1 5 2900 1 5 1700 1
R b
I Coma tit
1.0 Prolate Manegementend Admalatraden
101 Project Schedule 1 I I I I I 1 I I
I I
I$
102 Design Team Supplemental Agreements I I I I I I 1 1
I I
I$
103 Progress Reports
104 Invoices
105 Team Meetings (Assume 12 meetings 3 City Workshops)
Consultatit Meetings w Crty(Aesume 12 meetings
conaUhantlnternalMeetings (Assume 12meetng)
Reimbursabiesl 1 1 1
1 S
I E
1 I I I I I
Subtotal1 0.0 0.0 0.0 0.0 I 0.0 1 0.0 I 0.0 1 0.0 1 0.0 I 0.0
I r
I 0.0 I 0.0 is
I
2.0 Design "ntede Dacu ant
201 Des gn Crits, a Draft 1 I I I I I I
I I
I S
2.02 Design Criteria Final I I I I I
I I
I$
Reimbursables@ i 1 t 1 k I i
f I S
IS
1 I I I I I I I I I
I P
1
Subtotal 0.0 I 0.0 1 0.0 1 0.0 1 0.0 1 0.0 1 0.0 I 0.0 1 0.0 1 0.0
1 0.0 1 0.0 1
I S
:,w,ul�vn�nmwwu v� ,,.s..,:M:' d'.,
>m,m a,
;.o
3.0 Topoqraphk end Bounderi.u- (KPD &KPFFCMB
3.01 Topographic Mapping Phase 1 I I I
I I I
I S
I
3.02 Topographic Mapping Phase 2 1 I I I I I I I
I I P
I S
1
303 5urvey Base Review I I I I I I
I I
I
I
Reimbursables$
I I I I I I I 1 1
I I 1
1
Subtotal: 0.0 1 0.0 I 0.0 I 0.0 I 0.0 I 0.0 I 0.0 1 0.0 1 0.0 0.0
I 0.0 1 0.0 is
t7mssmaa lFxras�rxamsir,'al� vwlaxsi�arci �ase� Jsaxi u,�rxanaw rsysu^.rl RMvii ania�ixEaaa x €I lia ilnaaau all rnewltiis lirminnn xu ia,�a
i ass is v amine I
l> ar
40 QeoteMnioal Reseereh and Recommended
4.01 Field Explore [ions and Laboratory Testing I I I I 40 I I 1 44.0 I
I 20 I K
513.956.001E
4,242831
4.02 Geotechm,,a Evaluation, Reporting and Meetings I 80 1 1 I 1 640 I I I I 1 2.0
1 60 1 4.0 k
$2000015
10,147.59
4.03 Rewewof Reportand Comment I I I I I I I I
I I k
I$
Reimbursables: F 1 I I
i• 1 1
14.156.001
14,15600
I I
Subtotal: 8.0 1 0.0 I 0.0 1 0.0 I 68.0 1 0.0 1 0.0 1 44.0 1 0.0 1 2.0
l 8.0 I 4.0 IS
14.158.00 1$
28,546 42
se 4
1 5.0 Hydraulim(KPFF CIMR
501 Meetwth Agances 1 I I I I I I I 1
5.02 Estbl sh 100year Floodplan
503 Es[abl sh SGUCturel Clearance 1 I I I I I I I 1 1
I
Reimbursables@'
E
Suletnell 0.0 I 0.0 1 0.0 I 0.0 1 0.0 I 0.0 1 0.0 1 0.0 1 0.0 I, 0.0
I 0.0 1 0.0 I$
I$
"0 E arts Pomalaing Serdoe. (landau& 1<PFF.0
601 Team. Agency. and Pre- Application Meetings 1 I I 6.0 1 1400 I I I I I I
I I I
$49015
19.1676]"
602 SEPA ChecklistI I I 20 1 110 I I I 80 1 I
I 40 I 10
1$1
2,95564
603 WSDOT LO.. I Programs E. I I I 3.0 I 140 I I I 80 I 1 I
I 50 10 1
1$
3.594.35
604 Phase: Environmental Slte Assessment 1 I 10.0 I I I I I 1 540 1 40 I
1 150 I 70
$3.72215
8.433.52
605 Biological A...ssment/EFH I I I 6.0 1 400 I 1 360 I I 1 1 5.0
1 120 I 10
52401
11,467.37
606 Cultural Re sources l egation I I I I 80 I 1 I I 1 1
I 40 1 1
$6,63915
1420.79
607 Shoreline Permit 1 I I 3.0 I 360 I I I I 40 I
I 16.0 I 40
51351E
289 ]ll
608 We rd/W,t -a, Delineation I I I 2.0 1 260 I 34.0 I I 1 10.0 I
1 10.0 I 1.0
$801 S
9.25145
609 Cnbcal Areas Report 1 I I 60 I 30.0 1 1 26.0 1 1 I 240 I
I 10.0 1 10 I
5201E
10,965.53
6.10 Mitigation C,P -ction Document 1 40 1 1 360 1 29.0 I I I I 1 36.0 1
I 30 I II
Is
14,061.291
611 IARPA 1 I I 10 1 8.0 1 I 80 1 1 1 I
I 30 I 1.0
$501
2369.07
612 An uatc Lands Easement 1 I I 2.0 80 I I I 1 I 1
2.0 I 1.0 1:
$501E
1.593.501
Reimbursables$ 1 1 i I'' I 1 I
J 11
t _...._I
11476001
11.476.00
1 I I I I I 1 I
I I 8
I
Subtotal l 4.0 I 10.0 I 87.0 I 350.0 I 0.0 I .0 I 16.0 1 54.0 I 76.0 I 5.0
I 84.0 1 18.0 I
11476.00 1
104045.89
7.0 Protect Iselin.,
701 Internal Team PSE Kick -0! /Meeting I I I 1 I I I I I
1 I 6
1 S
702 TSL Review &Project Nick -0ff Meeting
703 Tied Arch Concept Workshop I I I I I I I I 1
I 1 I
1$
Tied Arch Alternatives Graphics 1 I I I I I I I I
I 1
IE
704 West and East Approach Concept Workshop 1 1 I 1 1 I 1 1 I
I i
IE
West Approach 1 I I I I I I I I
I
1$
East Approach 1 I I I I I I I 1
1
I$
705 Final Concept Selection Worwhoo I I I I I I I I I I
1 i
1$
Connacbon Detail sketches 1 I I I 1 I I 1 I I
I
IE
SUnaca Finish Examples 1 I I I I I I I I I
I I
1$
Color Examples I I I I I I I I I
I 1
1$
Study Model Development I I I I I I I I I 1
I 1 1
1$
Sketch Up Quality Renderings (6) 1 I I I I I I I I I
I I 1
1 E
706 Public Outreach
Graphics
Reimbursables$'
I 1 I
I 1
I
C Subtotal: 00 I 00 1 00 I 00 1 00 1 00 1 00 1 00 I 00 I 00
I 00 1 00 is
IS
u:r4
8.0 CMI Er�n eed n&
801 Dan cey[Workehopand Preterled Ah Selection I I I I I
I I 1
1$
802 Sib Prep and Demolition I I I I I 1 I
I I
11$
803 Horizontal and Verds" layout I 1 I I 1 I I I 1 I
I I 1
I S
Route Layout
Horiz 1 Ccnhol I I 1 I I 1 I
I I 1
1$
Ramp vansmona I I I I I I I I I I
I I 1
I$
Vertical Alignmen
of Trail
VehicUlaraassg I I I I I 1 I I 1 I
I 1 1
I
Rechannelization Baker St I I I I I I I I I
I I 1
1$
Rivervlew Plaza Driveway Reconstrucbon
I$
8.04 aneding and Paving I I I I 1 I I I I
I 1 1
I$
Terrain Model I I I I I I I I I I
I I I
Typical Seobon
Coord wen KCFD and USACE
805 TES"
806 Surface Water
Sus Drainage
InfilVdtian
807 11b1idea
Cgy and Private Relocations
Franchise Utiliry Coordination
Beetle Public utility Coordination
808 Glenlizationand Signing
Parking Lot Revisions
Roadway Signing
Riverview Plaza Parking Lot Circulation Study
Rechannelization Baker St
IE
IS
1$
IE
IE
IE
IE
IS
IE
IS
1$
IE
IS
IE
I$
i$
2 4 0 Page i of 4
FEEESTIMATE Chyof Tukwila
Tukwila Men Center. Pedeetr in Bridge
landau Aeaxlete.
I Senior
Stag Senior S p rt
er I
Principal)
c
I Associate
Ilusocia[el Senior I Project I Project I Staffr I
I C D S[aff
l Tech Good
3.2581
1
Task SCOPE OF YARN
I 65 DD 15 5
(E 4700 I E 40.00 I 36,00 3200 1 E 3000 1 E 25 DO I E 31 DO I E 2400 1 E 29.00 I E 1700
P—le
C hbwcd Amount
I
I I I I I I I
1 E
809 coat EeBmaee
I
60%
1 I
I I I I 1 I I I
1 E
so%
Final
I I
I I I I I I I I
I E
B .ID SPaciff -di as
60%Outine
I I
I I I 1 I I I I I I
4 s I
90 Special Provisions
Final Special Provisions
1
I I I I 1 I I I I I
IE I
811 Planeheeb
30%
Site Preparabon (4 sheets)
I
I I I I I I I 1
I E
TESL Plans (4 sheets)
Roadway Sectons(I Sheet)
I
I I I I I I I 1 I 1
7E
Plan/Profile Sheets (3 sheets)
Drainage (4 sheets)
uti(ity(3sneetc)
channefzaton and Signing (3 sheets)
I I
I I I I I I I I 1 I 1
1E I
QC Review
I 1
I I I I I I I I I
1 E I
1 I
I I I I I I I I
{e I
Site Preparation (4 sheets)
I I
I I I I I I I I I
E I
TESC Plans (4 sheets)
TESC Detail (1 sheet)
1 I
I I I I I I 1
1 S
Roadway Sections (I sheet)
Plan /Profile Sheets (3 sheets)
Paving Detall (1 sheet)
I I
I I I I I I 1 I I N
E
Drainage (4 sheets)
Drainage Detail (1 sheet)
I I
I I I I I I I I I I N
1 E
Uulity(3 sneers)
I I
I I I I I I i I I I I
iE
uUliry Detail (1 sheet)
1 I
I I I I I I I I I I 1
1 E
cnanneNZaton and Signing (4 sheets)
Channelization Demil (I heet)
I I
I I I I I I 1 I 1 I N.
E
QC Review
I I
I I I I I I I I I
I E
I
IE
so%
1 1
I I I I I I I I I I 1
I E
Site Preparation (4 sheets)
I I
I I I I I I I I I 1
1 E I
TESC Plans (4 sheets)
I I
I I I I I I I I I I 1
1 E I
TESC Detail (1 sheets
I I
I I I I I I I I
1 E I
Poadway Sens (1 sheet)
Plan /Profle Sheets (3 sheets)
Paving Decal (I Sheet)
Drainage (3 sheets)
I
I I I I I I I 1
I E
Drainage Detail (1 sheet)
ubury(3 sheers)
utliry Detail (1 sheet)
enanneli :atom and Signing (a sheets)
I 1
I I I I I I C
1E
ChannelizaUOn Detail (lshect)
I I
I I I I I I I N
IE
QC Review
I
100%
Site Preparation (4 sheets)
TESL Plans (4 sheets)
I I
I I I I I I I I I I C
1 E
TESC Detail (1 sheet)
RoadwaySec[ions
Plan Prohle Sheets (3 sheets)
Pavi ng Detail(' S heat)
1 I
I I I I I I I'
'IE
Drainage (4 sheets)
DrainageDetail(ISheet)
Utnry (3 sheets)
I I
I I I I I I I I I I N
IE
Utilityy Wil(I sheet)
I I
I I I I I I I I I p
IE I
Cl,t iizaton and Signing (4 sheets)
I
I I I I I I I I I N
IE 1
Chi iization Detail (I sheet)
I I
I I I I I I I I I p
1 E 1
QC Review
1 I
I I I I I I I I I I I'
IE
Finel Bid Set
Site Preparabon (4
Tl S Plans (4 sheers)
1 I
I I I I I I I I I I 1
1 E
TESL Detail (1 sheet)
I I
I I 1 I I I I I 1
I
Roadway Sec (teheet)
Plan /Profile Sheets (3 sneers)
Pavmg Detail (I Sheet)
I I
I I I I I I I I 1
IE
Drainage (4 sheets)
1 I
I I I I I I I 1 1
9 E
Drainage Detail (I sheet)
I I
I I 1 I I I I I 1
1 E
uti(iry(3sheets)
I I
I 1 I I I I I 1
iE
Utility Detail (1 sheet)
Channel- and Signing sheets)
I I
I I I I I I I I 1
I$ 1
channei�zabon Detail (1 sheet)
I I
I I I I I I I I I I
i E I
QC Review
I I
I 1 II
I I I I I I I
E
Relmbursablesl
�I 1
1 i I t I E.
I E
1 I
I I I I
I I I I I 1
f
Sulmatai 0.0 I 0.0
I 0.0 1 0.0 1 0.0 I 0.0 1 0.0 1 0.0 1 0.0 1 0.0 1 0.0 1 0.0 is
1 E
9.0 Structural Enfneedng(KPFF)
901 Basleof —Ign
I
I I I I I I 1
IE
902 Biggs Deelgn
I
1 I I I I I I
i E
Deep Foundations
I
I I 1 I I I I I 1
I E
west Abutment
I 1
I I I I I I I I I
1E
East Abutment
Arch Steel Pipes
Arch Abutment Connections
Arch Tension Ties
Arch Miscellaneous Connections
Deck Superstructure Framing
Deck Slab
Deck Hand Railing
Arch Suspension Hangers
903 West Appmech Ramp Design
Shaft FOUndat —e
Concrete Columns
Structural Earth Walls
Steel Superstructure
Deck Slab
Hand Railings
904 EastAPPhwah Ramp Daelgn
Shaft Foundatwns
Concrete Columns
Structural Earth Walls
Steel Superstructure
Deck Slab
qE
1E
IE
jE
IS
IE
IE
IE
�E
7S
{S
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1 E
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Page 2 of 4
241
FEEESTIMATE Clyof TUkMle
Tukwlle United Center. PedmtrleR/Blcycle Bridge
Lentlau Aluocmtm
senmr
Senior Senor Senior Starr CAD /GIS Protect Support
Multiplier
Principal) IASSOCiatel Senior I Project Projett I Staff I I fAD Tech Coord. Staff
Associate
3.258'!
S
Task SCOPE OF WVRN
65.00 S 5600 1 47W 1 $40,001 36W 32 00 I S 3000 25.00 1 S 3100 1 S 2400 1 29.00 1] DO
Reimb.
Co ec[AmouM
Hand Railings
9,05 Mbmllaneeua S ruqurm
Wayrinding Sign Supports end Foundations
I I I I I
IS I
Utility Pro teaionstructures
I I I I I
I I I I I I f
1$ I
Mlsceltaneous Retaining Walls
1 I I I
I I I I I I
Lighting Support and Foundations
9.06 MBcipeed Btruatu lPlen Sheets(Sheet COUnt358)
t I I I I
t I I I I I I I I I
General Notes antl Abbreviations
1 I I I I 1 I I
!1
Plan Elevation
General and
I I I 1'
I
Hoh—tal Control Plan
Construction Sequence (2Sheers)
I I I I
1 I t I I I I I I
IS
Foundation Larout
1 I I I I I I 1
I$
1 I I I I I I I f
S
Pile Details
west Abubnent Plan and Elavabons
West AbuvnentDetails
EmtAbutinent Plan and Elevations
East Abutment Details
Layout
I I I I I I I I I I I I
1$
superstructure
Arch Plan and Elevation
ArchSections(2sneess)
Details Sheets)
Arch (3
AmhTendonTies
I I I I I I I I I I I P
Arch Tension Tie Details
Deck Framing Plan and Elevation (2 Mesta)
I
1 I I I I 1 1 I I I 1 f
peck Framing Plan
1 I I I I I I I I I I p
{E
Deck Sac tian. (2 Shed.)
1 I I I I I I I F
1 E
Deck Details (2 Sheets)
Arch connect— Octal, (3 Sheets)
I
1 I I 1 1 I I I I I 6
I$
Deckvertical Support '-1'2 Sheets)
1 I I 1 I I f
1$
Deck vertical SupportSections (2 Sheers)
1 I I I I I I f
I$
Cook Vertical Support Details (2She
1 I I I I I I I
IE I
West Approacn Plan and vation
Ele
West Approacn Foundaton Plan and Elevation
1 I 1 I I I I I I I f
I$
West Ap proacn Superstructuresecbons
1 I I I I I I I I I I I 1"
IS I
West Approacn Super structure Details (2 Sheets)
West Approacn Deck Sect ions
West Approach Deck Details (2 Sheers)
East Approach Plan and Elevation
1 I I I I I I I I I 1 I f
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242 Page 3 of 4
FEEESTIMATE Cityof Tukwila
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Page 4 of 4 243
ME
Transportation Committee Minutes
November 21, 2011— Pape 2
Statewide Transportation Enhancement Program. This is Washington State Department of Transportation
Grant in the amount of $500,000. The City applied for the grant in July 2010, and was awarded funding in
2011. No matching funds are required. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
D. Tukwila Urban Center Pedestrian /Bicycle Bridge: Supplemental Agreement No. 9 with KPFF
Staff is seeking Council approval for Supplemental Agreement No. 9 of Contract No. 07 -123 with KPFF
Consulting Engineers in the amount of $1,367,580.11 to:
Complete design and environmental permitting for the Tukwila Urban Center
Pedestrian/Bicycle Bridge
Design of a new pedestrian signal across West Valley Highway
Trail design connecting bridge users to the Tukwila Longacres Sounder Station
Design along Baker Boulevard to add bike lanes and on- street parking
KPFF conducted the Type, Size and Location (TSL) study and resulting report for the Pedestrian /Bicycle
Bridge. Funding for the Supplemental Agreement will come from the grants described in Item C above,
including matching funds. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR
DISCUSSION.
E. Tukwila Urban Center Transit Center Supplemental Agreement No. 13 with IBI Groun
Staff is seeking Council approval for Supplemental Agreement No. 13 with the IBI Group for completion of
the final design and PS &E documents for the Tukwila Urban Center Transit Center in the amount of
$429,000.
Funding for this Supplemental Agreement will come from the TOD grant and the WSDOT Regional
Mobility grant. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR
DISCUSSION.
F. Andover Park West Street Water Improvements Sunolement No. 14 with IBI Group
Staff is seeking Council approval for Supplemental Agreement No. 14 with the IBI Group for completion of
the final design and PS &E documents for the Andover Park West widening and water main replacement in
the amount of $313,037 (widening $167,693 water main $145,344).
Funding for this Supplemental Agreement will come from mitigation and traffic impact fees. The City was
recently awarded $1,420.000 in grant funds for construction from the State Transportation Improvement
Board. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
G. Ordinance: Tukwila Urban Center Transit Center
Staff is seeking Council approval to acquire property /condemnation authority as required for right -of -way
and easements need for the Tukwila Urban Transit Center Project as follows:
One right -of -way dedication
Three temporary construction easements
One permanent easement
It is standard for City staff to request condemnation authority at the beginning of a property acquisition
process for public projects. Although it is highly unlikely that any parcel of land within this area will
require condemnation, establishing the ordinance prepares the City for condemnation proceedings, if
required. Four parcels with three separate owners are included in the project area. The agenda packet
provides specific details on ownership. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
245
246
COUNCIL AGENDA SYNOPSIS
CAS NUMBER:
Initials
Meeting Date Prepared by /1 ,Eryor's review
11/28/11 1 BG4�1M
12/05/11 BG
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON
Council review
ITEM NO.
4.H.
IORIGINALAGEN.DA DATE: 11/28/11
AGI -NDA ITEM TITLE Resolution updating the Public Works Fee Schedule for the
2012 Water, Sewer, and Surface Water Rates
CATEGORY Discussion Motion Resolution Ordinance BidAward Public Hearing ❑Other
Alt g Date 11/28/11 Mtg Date Mtg Date 12/05/11 Mtg Date Mtg Date Mtg Date t14tg Date
(SPONSOR Council Mayor .HR DCD .Finance .Fire IT P &R Police PW
SPONSOR'S The City's water, sewer, and surface water rates need to be increased to meet operational
SUMMARY and capital expenditures for their corresponding enterprise funds. The single and multi-
family minimum water meter charge will increase from $10.00 to $12.00. The sewer fund's
monthly residential flat rate will increase from $16.06 to $19.26. King County will not be
increasing their sewer fees in 2012, which are currently $36.10 per month. The surface
water fees will increase from $93.00 to $102.00 for residential parcels.
RF,VIE;WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/15/11 COMMITTEE CHAIR: DE'SEAN QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: WATER, SEWER, AND SURFACE WATER FUNDS
Conments:
MTG. DATE
11/28/11
12/05/11
MTG. DATE
11/28/11
12/05/11
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 11/10/11
Exhibit A Rate Matrix
Exhibit B King County Ordinance No. 17102
Exhibit C Comparison of Rates with adjoining cities
Draft Resolution Public Works Fee Schedule
Minutes from the Utilities Committee meetings of 11/15/11
247
x
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
To: Mayor Haggerton
UTILITIES COMMITTEE
From: Bob Giberson, Public Works Director.
Date: November 10, 2011
Subject: Water. Sewer. and Surface Water Rates for 2012
ISSUE
Adopt 2012 water, sewer, and surface water rate increases.
WATER
Public Works has analyzed the needs of the water enterprise fund. Cascade Water
Alliance's (CWA) wholesale water rates are projected to increase 9.2% for 2012. A rate
increase on the minimum water meter charge (see Table 1) is being proposed to
maintain the current level of service and lessen the impact of future increases for
purchased water. A portion of this increase will provide the funds necessary for
continuing operational and capital needs. Exhibit A is an overview of all of the proposed
utility rate increases for residential customers. Exhibit C -1 shows a comparison of
adjoining cities and their water rates. Exhibit D is the Resolution which updates the
Public Works Fee Schedule.
SEWER
King County Ordinance No. 17102 has no sewer rate increase listed for King County
sewage disposal fees in 2012 and the rate will remain $36.10 per residential customer
equivalent per month. The King County sewage treatment capacity charge (for any new
sewer connections) will increase from the current $50.45 to $51.95 per month for fifteen
years for any sewer connection occurring between January 1, 2012 and December 31,
2012. Exhibit B is King County Ordinance No. 17102.
Tukwila's sewer base rate is scheduled for an increase (see Table 2) in accordance with
the rate model which analyzes the City's operational and capital needs. The City's
sewer rate will increase from $16.06 to $19.26 per residential connection and from
$28.12 to $33.74 for up to 750 cubic feet or fraction thereof for commercial /industrial
customers. Exhibit C -1 shows a comparison of adjoining cities and their sewer rates.
SURFACE WATER
Tukwila's surface water base rate is scheduled for an increase in 2012. The City's
surface water rate will increase from $93.00 to $102.00 per residential parcel, per year
and will range from $12.31 to $102.90 per 4,356 square foot for all other parcels. Exhibit
C -2 shows a comparison with other cities and their surface water rates.
249
INFORMATIONAL MEMO
Page 2
TABLE 1 WATER RATES PROPOSED FOR 2012
Current 2011
CATEGORY Minimum Meter Proposed for
C 20 12
Sing Fa 10. 00 12.0 0
Multi Family (ea co ndo, p
a t o dwelling uni $1 $1
Commercial /Industrial I 30.0 0 $48 $40. $57 5.00
TABLE 2 SEWER RATES PROPOSED FOR 2012
CATEGOR Curren 20 11 Rates P rop ose d for 2 012
Residential Sewer Service Flat rate of $16.06 Flat rate of $19.26
(single dwelling unit) per month per month
Residential Sewer Service Flat rate of $16.06 per Flat rate of $19.26 per
(multiple dwelling u nit, p erman ent type) m for each d wellin g u nit month for eac dwelli unit
Commercial /Industrial Sewer Service
Flat rate of $28.12
per month and, any usage
over 750 cubic feet of water
per month shall be at the
rate of $28.12 per 750 cf
Flat rate of $33.74
per month and, any usage
over 750 cubic feet of water
per month shall be at the
rate of $33.74 per 750 cf
RECOMMENDATION
The Council is being asked to adopt the City's 2012 water, sewer, and surface water
proposed rate increases in accordance with the Public Works Fee Schedule Resolution
and consider this item at the November 28, 2011 Committee of the Whole Meeting and
subsequent December 5, 2011 Regular Meeting.
Attachments: Exhibit A Rate Matrix
Exhibit B King County Ordinance No. 17102 for 2012
Exhibit C -1 C -2 Comparison of Rates with Adjoining Cities
Exhibit D Public Works Fee Schedule Resolution
W:\PWEng\OTHER\Gail Labanara \Water Sewer Documents \Info Memo Water Sewer SWM Rates 11 -10 -11 docx
250
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King County
Metropolitan King G.
Anne Noris, Clerk of the L,
King County Courthouse
516 Third Avenue, Room 1200
Seattle, WA 98104 -3272
Tel: 206 296 -1020
Fax: 206 -205 -8165
TTY/TDD 206 296 -1024
Email: anne.noris @kingcounty.gov
Web: www.kingcounty.gov /council /clerk
June 27, 2011
Mr. Pat Brodin, Operations Manager
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Dear Mr. Brodin,
Monetary Reauirements for 2012
EXHIBIT
The Metropolitan King County Council approved the sewer rate for 2012 and the
sewage treatment capacity charge for 2012 with the adoption of Ordinance 17102
on June 13, 2011. A copy of Ordinance 17102 is enclosed for your information.
If you have any questions, please call the Clerk of the Council's Office at 206 296-
1020.
Sincerely,
Anne Noris
Clerk of the Council
Enclosure
252
KING COUNTY 1200 King County Courthouse
516 Third Avenue
Seattle, WA 98104
Signature Report
King County
June 14, 2011
Ordinance 17102
Proposed No. 2011-0211.1 Sponsors Patterson
1 AN ORDINANCE determining the monetary requirements
2 for the disposal of sewage for the fiscal year beginning
3 January 1, 2012, and ending December 31, 2012, setting
4 the sewer rate for the fiscal year beginning January 1, 2012,
5 and ending December 31, 2012, and approving the amount
6 of the sewage treatment capacity charge for 2012, in
7 accordance with RCW 35.58.570; and amending Ordinance
8 12353, Section 2, as amended, and K.C.C. 4.90.010, and
9 Ordinance 11398, Section 1, as amended, and K.C.C.
10
28:84.055.
11 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
12 SECTION 1. Ordinance 12353, Section 2, as amended, and K.C.C. 4.90.010 are
13 each hereby amended to read as follows:
14 A. Having determined the monetary requirements for the disposal. of sewage, the
15 council hereby adopts a ((2414)) 2012 sewer rate of thirty -six dollars and ten cents per
16 residential customer equivalent per month. Once a sewer rate ordinance becomes
17 effective, the clerk of the council is directed to deliver a copy of that ordinance to each
.18 agency having an agreement for sewage disposal with King County.
1
253
Ordinance 17102
19 B. The King County council approves the application of Statement of Financial
20 Accounting Standards No. 71 (FAS 71) to treat pollution remediation obligations ((ate
21 flie fifst staA tip eosts n° eenst etion ne" plant as regulatory assets, and
22 establish a rate stabilization reserve for the purpose of leveling rates between years.
23 C. As required for FAS 71 application, amounts are to be placed in the rate
24 stabilization reserve from operating revenues and removed from the calculation of debt
25 service coverage. The reserve balance shall be an amount at least sufficient to maintain a
26 level sewer rate between 2011 and 2012, and shall be used solely for the purposes of:
27 maintaining the level sewer rate in 2012; and if additional reserve balance is available,
28 moderating future rate increases beyond 2012. ((l- €Ahe)) The estimated amount of the
29 reserve, as shown in the financial forecast, Attachment A to this
30 ordinance. shall be revised in accordance with the 2012 adopted budget and financial
31 plan. If the reserve needs to be reduced to meet debt service coverage requirements for
32 ((249)) 2011, the county executive shall notify the council of the change by providing
33 an updated financial forecast.
34 D. The executive shall provide monthly cost reports to the council on Brightwater
35 as outlined in K.C.C. 28.86.165.
36 SECTION 2. Monetary requirements for the disposal of sewage as defined by
37 contract with the component sewer agencies for the fiscal year beginning January 1,
38 2012, and ending December 31, 2012. The council hereby determines the monetary
39 requirements for the disposal of sewage as follows:
40 Administration, operating, maintenance repair and replace (net of other income):
41 $65,103,007.
2
254
Ordinance 17102
42 Establishment and maintenance of necessary working capital reserves:
43 423,087,057.
44 Requirements of revenue bond resolutions (not included in above items and net of
45 interest income): $264,193,203.
46 TOTAL: $306,209,153.
47 SECTION 3. Ordinance 11398, Section 1, as amended, and K.C.C. 28.84.055 are
48 each hereby amended as follows:
((The amount Vl LIIV 1994 metrop
50 adopted by-I��i .ncn n sh e seve d o ll ars n th r esidential e
.V. J11Rll VV JVYVfI L1V 11RLJ IJC�
51
52 B. The amount of the 1995 meir-epelitan sewage f6eility eapaeity ehar-ge adopted
53 b3�.C.C28.84.050. h a �r"r a
nm r- oc- o ci 'crroir a c- Jr�zcntrcr rccx'acvrrrcrvr
54 a V tial eu a l er t r fif aoo
I VJ1Q
55
56 residential customer or equivalent for fifteen years fef sewef eefmeetiens ee
58
59 1. 050.0. shall be seven dollars per- month per residential euste alent fe
60 fifteen years fer sewer-eenneetions eeetiming between and ineluding jantiaFy 1, 1997, a
61 Deeembef 3
62
63 2 1 F.S1. 050.0. shall be ten dollars and fifty eents per menth pef residential eustemer- e
3
255
Ordinance 17102
T Th f t r ea t me n t 't 1, rte adop 1� Y C 1`
66 r— rnc umvci the se �c c rraibv ccavPrca o� -rc.��
N OW
70 G. Th of the sewag t :ea t,,, „t eapa eity 1,. ge adopted I,..7I1 .0
..Erg S
72 equivalent for fifteen years for- sewer- eenneetio between and ineludifig
K III
U Th t he t:. b d te b TIC C
74 r�rnv �cr` iirsc t n b�� °P`�° °J i��c�
ffW TYMIM,
76 equivalent for fifteen years fof sewer- eenneefie between and ineluding
78 1. Th .,....,....t of the sewage t ...,,.;t„ ,.1,.. ne a d o pt e d by K C Q
79 2: ^.050.0 s h a ll be seventeen dolt.. and twent ee to ntb residential
80 oustemer- er- equivalent fef fifteen year-s for- sewer- eenneetie between and
it.17s!!��:R'.si[iltiTiTiTr�
82 j. The ameunt ef the sewage tfeatment eapaeity eharge adopted by K.C.C,
Mm
84 eu equ i v aleti t f or- f; flee years f or- eenn eetio :n- _bePA,een aiu or-
NO
Ordinance MO2
I
88 71st-- Hf7tt1 j
89 4ec
90
91
92
93
94
95 U 94
96
97
98
99 7
100
fe r
1 01 An
102
103
104
105
106 The--w 2,141:31HAll
107
5
2F
86`
87 2-9
�4
I
88 71st-- Hf7tt1 j
89 4ec
90
91
92
93
94
95 U 94
96
97
98
99 7
100
fe r
1 01 An
102
103
104
105
106 The--w 2,141:31HAll
107
5
2F
Ordinance 17102
108 eurr -inn between an
109
110 K.C.C.
111 2F.? -050.0. al
112 eustomer- or- equivalent for fifteen years for sewer eenneetie between and
113 2014.
114
115
28.84.050.0. shall be fifty dollars and fbAy five eents per- menth per- residential eustomer-
116 E)r- equivalent fef fifteen years for- sewer- eenneeti I—tween and- ineluding
117 The amount of the metropolitan sewap-e
118 facilitv capacity charee adopted by K.C.C. 28.84.050.0. that is charp-ed monthlv for
119 fifteen vears per residential customer or residential customer equivalent shall be:
120 1. Seven dollars for sewer connections occurring between and includine Januar",I
121 1. 1994, and December 31, 1997;
122 2. Ten dollars and fiftv cents for sewer connections occurrine between and,
123 includinp- January 1, 1998, and December 31, 2001,
124 3. Seventeen dollars and twentv cents for sewer connections occurrinp- between
125 and includine January 1, 2002, and December 31. 2002;
126 4. Seventeen dollars and sixtv cents for sewer connections occurring between
127 and includine January 1, 2003, and December 31.2003;
128 5. Eip-hteen dollars for sewer connections occurring between and includin!
129 January 1. 2004, and December 31, 2004;
0
W
Ordinance 17102
130 6. Thirtv -four dollars and five cents for sewer connections occurring between
131 and including January 1, 2005, and December 31, 2006:
132 7. Forty -two dollars for sewer connections occurrine between and includine
133 January 1, 2007, and December 31, 2007,
134 8. Fortv -six dollars and twentv -five cents for sewer connections occurriniy
135 between and includinp- January 1, 2008, and December 31, 2008:
136 9. Fortv -seven dollars and sixty -four cents for sewer connections occurrine
137 between and includine January 1. 2009. and December 31.2009:
138 10. Fortv -nine dollars and seven cents for sewer connections occurrins between
139 and includinp- January 1, 2010, and December 31, 2010:
140 11. Fifty dollars and forty -five cents for sewer connections occurrine between
141 and including January 1, 2011, and December 31, 2011: and
142 12. Fiftv -one dollars and ninetv -five cents for sewer connections occurrine
143 between and including January 1. 2012. and December 31. 2012.
144 B.1. In accordance with adopted policy FP- 15.3.d. in the Regional Wastewater
145 Services Plan, K.C.C. 28.86.160.C., it is the council's intent to base the capacity charge
146 upon the costs, customer growth and related financial assumptions used in the Regional
147 Wastewater Services Plan.
148 2. In accordance with adopted policy FP- 6 in the Regional Wastewater Services
149 Plan, K.C.C. 28.86.160.C, the council hereby approves the cash balance and reserves as
150 contained in the attached financial plan for ((2044)) 2012.
151 3. In accordance with adopted policy FP- 15.3.c., King County shall pursue
152 changes in state legislation to enable the county to require payment of the capacity charge
7
259
Ordinance 17102
153 in a single payment, while preserving the option for new ratepayers to finance the
154 capacity charge.
155
Ordinance 17102 was introduced on 5/2/2011 and passed by the Metropolitan King
County Council on 6/13/2011, by the following vote:
Yes: 8 Mr. Phillips, Mr. von Reichbauer, Mr. Gossett, Ms. Hague,
Ms. Patterson, Mr. Ferguson, Mr. Dunn and Mr. McDermott
No: 0
Excused: 1 Ms. Lambert
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
/arryssett, Chair
ATTEST:
T
Anne Noris, Clerk of the Council i v f
APPROVED this t day of V N fF— 2011. w
Dow Constantine, County Executive
Attachments: A. Wastewater Treatment Division Financial Plan for the 2012 Proposed Sewer Rate
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261
262
Exhibit C -1
Residential Water Rate Comparison as of Oct 2011
2011
TOTAL
56.05
54.84
52.78 I
51.091
50.951
50.901
48.90
46.32
44.75
44.50 N
44.36
44.23
43.78
42.26
42.15
39.06
37.50
37.47
37.01
36.05
32.36
31.15
30.68
27.13
24.21
2010
RATE
54.36
53.07
51.24
51.09
46.25 1
I
46.90 1
43.69 1
33.00
40.75
40.80
42.35
2012
Difference TOTAL
1.69 61.10
1.77 59.21
2011
Summer
Ranking CITY
1
ISEATTLE
2
BELLEVUE
3
KENT
4
ISSAQUAH
5
HIGHLINE WATER DISTRICT
6
TUKWILA 2012
7
TUKWILA 2011
8
SKYWAY (CWA)
9
1KING COUNTY WD #20
10
I KING COUNTY WD #125
11
1COVINTON (CWA) (every 2 mos.)
12
WOODINVILLE
13
COAL CREEK
14
DUVALL
15
SOOS CREEK
16
EDMONDS
17
WATER DISTRICT 119 (Duvall)
18
REDMOND (CWA)
19
RENTON
20
KIRKLAND
21
AUBURN
22
1MERCER ISLAND
23
I TACOMA
24
I LYNNWOOD
25
LLAKEHAVEN (FEDERAL WAY)
Residential Sewer Rate Comparison as of July 2011
2011
Summer
36.32
City Base
Rates
Consumption
Rate
Per CCF
Assume 10 CCF
1 13.00
3.98/4.63
43.05
1 27.44
2.74
27.40
1 11.99
3.77/4.80
40.79
1 23.45
1.51 /3.60
27.64
1 12.15
3.88 1
38.80
1 12.00
3.89
38.90
10.00
3.89 1
38.90
13.88 1
3.08/3.90 1
32.44
19.75 1
2.50
25.00
12.50
3.20
32.00
16.50
2.53/3.81
27.86
13.43
3.08
30.801
16.88
2.69
26.901
22.61
4.33
19.65
9.65
3.25
32.50
19.16
1.99
19.90
37.50
2.90
0.00
12.67
1.55/3.10
24.80
13.76
1.98/2.67
23.25
16.40 1
3.93
19.65
10.38
2.06/2.52
21.98
9.25
2.19
21.90
16.03
1.30/1.63
14.65
12.63
1.45
14.50
13.11
1.11
11.10
Residential Sewer Rate Comparison as of July 2011
2011
0.70
36.32
2.74 I
2011 City
Ranking CITY
31.36
2010
Charge
1
SEATTLE
KC
67.35
40.781
2
LAKEHAVEN
58.58
28.81
3
VASHON SEWER
KC
56.00
26.34 1
4
IDUVALL
62.35
5
SKYWAY
KC
56.22
25.05
6
RENTON
KC
48.72
23.88
7
SAMMAMISH PLATEAU
KC
52.17
23.00
8
WOODINVILLE
KC
54.451
23.79
9
NE SAMMAMISH
KC
51.93 1
20.63
10
BELLEVUE
KC
41.84
20.33
11
1TUKWILA 2012
KC
19.26
12
CEDAR RIVER W S
KC
49.65
18.64
13
BOTHELL
KC
49.56
18.171
14
ISSAQUAH
KC
48.18
18.01
15
COAL CREEK
KC
48.96
17.40
16
1KENT
KC
48.26
16.61 1
17
1TUKWILA 2011
KC
45.29 1
16.06
18
MERCER ISLAND
KC
46.56
16.05
19
SOOS CREEK
KC
47.45
16.05 1
20
BLACK DIAMOND
KC
51.06
15.29 1
21
LAKE FOREST PARK
KC
46.66
14.76
22
AUBURN
KC
44.051
13.36
23
ALDERWOOD
KC
46.031
12.57
24
REDMOND
KC
44.221
12.32
25
KIRKLAND
KC
47.65
12.03
26
VALLEY VIEW SEWER
KC
40.90
10.00
27
NORTHSHORE
KC
44.00
10.00
28
ALGONA
KC
41.02
9.12
29
SOUTHWEST Suburban Sewer
25.50
25.50
30
MIDWAY
22.00
22.00
1AVERAGE
45.661
W
\PW Eng \OTHER \Gail Labanara \Water Sewer Documents
\Utility Rate Surveys Water, Sewer SSWM.xlsx
King County
Sewer
36.10
36.10
36.10
36.10
37.26
36.10
33.97
36.10
36.10
36.10
36.10 1
36.10 1
36.10 1
36.10
36.10
36.10
36.10
36.10
36.10
36.10
36.10
36.10
36.10
36.10
36.10
36.10
36.10
0.00
0.00
1.541
0.00
4.70
2.00 I
2.00
2.63
11.75
3.75
3.56
1.88
50.90
46.40
41.45
0.70
36.32
2.74 I
35.72
N
1.75 N
31.36
5.65 42.91
36.86
30.31
2.05
28.45
2.70
29.43
1.25
30.69
18.62 1
5.59
2011
Total 2012
76.88
64.91
62.44
62.35
61.15
61.14 62.34
59.10
57.76
56.73 1
56.43
I 55.36 IT
54.74
54.27
54.11
53.50
52.71
52.16
52.15
52.15
51.39
50.86
49.46
48.67
48.42
48.13
46.10
46.10
45.22
25.50
22.00
52.64 1
48.79
263
Exhibit C -2
SINGLE FAMILY SURFACE WATER RATES
AS OF OCTOBER 2011
N L T Ili N r1 'O T O
j i M �n C C C rH O r6 ci
4! C M
7 In N O O O O
M y 6 r0 N C W N N 3 N
on U N Z N Y Y J Y
C O a) (n ]G 7 7 U- 7
E 5; H H H
-6
CITY
Seattle (range of fees)
Duvall
Redmond (range, minimum shown)
Mercer Island
Auburn
Issaquah
Newcastle
Sammamish
King County
Shoreline
Renton
Kent
Tukwila 2012
Tukwila 2011
Lynnwood
Federal Way
Tukwila 2010
$250.00
$200.00
$150.00
$100.00
$50.00
Monthly Rate
19.58 I
16.92
16.56
14.96
14.95
14.08
13.28
12.50
11.08
11.50
10.37
10.06
8.50 I
7.75 I
7.20 I
7.10 I
7.08 I
2011
Yearly Rate
234.96
203.04
198.72
179.52
179.40
168.96
159.36
150.00
133.00
138.01
124.44
120.72
102.00
93.00
86.40
85.15
85.00
2012
Yearly Rate
261.72
138.12
102.00
Seriesl
N
4J
N
90.24
WAPW Eng \OTHER \Gail Labanara \Water Sewer Documents \Utility Rate Surveys Water, Sewer SSWM.xlsx
264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A NEW PUBLIC WORKS
FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1728.
WHEREAS, each year the City analyzes the rate model for the three utility
enterprise funds, which are water, sewer and surface water, to ensure revenues keep
pace with expenses, to update the traffic model, and to analyze the transportation
network to ensure continued compliance with the Growth Management Act and the
City's adopted Comprehensive Plan; and
WHEREAS, the City is authorized to impose fees to recoup the costs of services
rendered,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Public Works fees will be charged according to the following schedule,
which shall supersede any previously adopted Public Works Fee Schedule:
PUBLIC WORKS FEE SCHEDULE
PERMIT DESCRIPTION
Type A (Short-Term Nonprofit)
Type B (Short -Term Profit)
Type C
(Infrastructure and Grading on Private Property
and City Right -of -Way and Disturbance of City
Right -of -Way)
Type D (Long -Term)
Type E (Potential Disturbance of
City Right -of -Way)
Type F (Blanket Permits)
Additional Inspections
Franchise Telecommunications
Franchise Cable
Street Vacation
FEE
50.00
$100.00
$250.00 application base fee, plus four components
based on construction value:
1) Plan Review
2) Construction Inspection
3) Pavement Mitigation
4) Grading Plan Review
$100.00
$100.00
$250.00 processing fee, plus $5,000.00 cash deposit,
withdraw $100.00 per instance for inspection
$60.00 per inspection
$5,000.00 administrative fee
$5,000.00 plus 5% of total revenue
$1,200.00
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Page 1 of 5
265
PERMIT DESCRIPTION
Latecomer's Agreements
Flood Zone Control
Copy of City of Tukwila's Infrastructure Design
and Construction Standards
WATER RATES
Water Meter Installation
.75 inch
1 inch
1.5 inch
2 inch
3 inch
4 inch
6 inch
Water Meter Deduct
Water Base Charge (Monthly)
Single Family (one dwelling unit)
Multi Family (more than one dwelling unit)
Commercial /Industrial Customers:
3/4 inch Service
1 inch Service
1 -1/2 inch Service
2 inch Service
3 inch Service
4 inch Service
6 inch Service
8 inch Service
10 inch Service
12 inch Service
Water Rates (Monthly)
Single and Multi Family (Jan -May)
Single and Multi Family (Jun -Sept)
Single and Multi Family (Oct -Dec)
Commercial /Industrial (Jan -May)
Commercial /Industrial (Jun -Sept)
Commercial /Industrial (Oct -Dec)
Fire Protection Service Charges (Monthly)
2 inch Service
3 inch Service
4 inch Service
6 inch Service
8 inch Service
10 inch Service
12 inch Service
FEE
$500.00 processing fee, plus 17% administrative fee,
plus $500.00 segregation fee
$50.00
$50.00
600.00
1,100.00
2,400.00
2,800.00
4,400.00
7,800.00
$12,500.00
FEE
$25.00
In addition to the monthly water base charge, each
100 cubic feet of water used will be charged as
shown in "Water Rates (Monthly)."
Current 2011 Proposed 2012
10.00 12.00
10.00" 12.00*
*each dwelling unit
30.00
40.00
40.00
50.00
60.00
75.00
80.00
$100.00
$120.00
$145.00
$160.00
$195.00
$240.00
$290.00
$320.00
$385.00
$400.00
$480.00
$480.00
$575.00
In addition to the monthly water base charge listed
above, each 100 cubic feet of water will be charged at
the following rates:
$2.79
$3.89
$2.79
$3.62
$4.98
$3.62
Per month based on size of service.
9.00
20.00
35.00
80.00
$120.00
$200.00
$260.00
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Page 2 of 5
WATER SERVICES
Water Turn On
After Hour Water Turn On additional fee for
customer requested after hours water turn on
Unauthorized Water Usage after shut -off for
non payment
Special Meter Read customer requested
meter read outside normal read schedule
Shut -off notice
Change in owner, tenant, and /or third party
paying agent
Fire Hydrant per month
Emergency Conservation Sanction
Temporary Water Meter Deposit
.75" and 1" water meter
2.5" water meter
Temporary Water Meter Rental per minimum
60 days expiration
.75" and 1" water meter
2.5" water meter
WATER INTEREST CHARGE
On all water accounts 30 days in arrears from
the date of delinquency until paid
SEWER RATES
Residential Sewer Service
(single dwelling unit)
Residential Sewer Service (multiple dwelling
unit, permanent type)
Commercial and Industrial Sewage Service
SEWER INTEREST CHARGE
On all sewer accounts 30 days in arrears from
the date of delinquency until paid
FEE
50.00
$100.00
$100.00
30.00
30.00
20.00
20.00
$100.00
300.00
$1,500.00
75.00
150.00
RATE
8% per annum computed on a monthly basis
FEES
Flat rate of $16.06 $19.26 per month
[TMC 14.16.030 (1)]
Flat rate of $16.06 $19.26 per month for each dwelling
unit [TMC 14.16.030 (2)]
Flat rate of $33.74 per month and, in addition,
any usage over 750 cubic feet of water per month
shall be at the rate of $23.1-2 $33.74 per 750 cubic
feet [TMC 14.16.030 (4)]
1:7319
8% per annum computed on a monthly basis
SURFACE WATER RATES
FEE PER YEAR
Surface Water Utility Rates Per Year
Service Charge Per Acre
Cateaorv:
Current 2011
Proposed 2012
1. Natural
$111.98
123.17
2. 0 20% Developed Surface
$243.43
267.77
3. 21 50% Developed Surface
$446.16
490.77
4. 51 70% Developed Surface
$665.72
732.29
5. 71 85% Developed Surface
$802.01
882.21
6. 86 100% Developed Surface
$935.55
$1,029.10
7. Single Family Residential Parcels
93.00 per parcel
102.00 per parcel
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Page 3 of 5
267
SURFACE WATER INTEREST CHARGE
RATE
On all surface water accounts 30 days in arrears
OTHER
from the date of delinquency until paid 8% per annum computed on a monthly basis
TRANSPORTATION CONCURRENCY TEST FEE SCHEDULE
Fees for Residential Use
$1,000
UNIT
ALL TYPES OF RESIDENTIAL'
Between 1 and 3
300.00
Between 4 and 5
600.00
Between 6 and 10
1,200.00
Between 11 and 15
2,000.00
Between 16 and 20
3,500.00
Between 21 and 25
5,000.00
Between 26 and 30
6,500.00
Between 31 and 40
8,000.00
Between 41 and 60
$10,000.00
Greater than 60
$12,000.00
All residential uses defined by the ITE Trip Generation Manual Land Use Codes 200 -299, including
single family, multi family, mobile home parks, and shared housing
$4,000 I $7,200
Fees for Non Residential Use
INSTITU-
ALL
GROSS FLOOR AREA TIONAL
OTHER
INDUSTRIAL OFFICE RETAIL EATERY PORT
USES
Less than 5,000
$1,000
$1,800
$2,700
$5,400
$500
$1,500
Between 5,001 and 10,000
$1,500 $2,700
$4,050
I $8,100
$1,000
$2,000
Between 10,001 and 20,000
$2,000 $3,600
$5,400
$10,800
$1,500
$2,500
Between 20,001 and 30,000
$3,000 $5,400
$8,100
$10,800
$2,000
$2,500
Between 30,001 and 40,000
$4,000 I $7,200
$10,800
$10,800
$2,500
$2,500
Between 40,001 and 50,000
$5,000
$9,000
$13,500
$10,800
$3,000
$2,500
Between 50,001 and 70,000
$6,000
$10,800
$16,200
$10,800
$4,000
$2,500
Between 70,001 and 90,000
$7,000
$12,600
$18,900
$10,800
$5,000
$2,500
Between 90,001 and 150,000
$8,000
$14,400
$21,600
$10,800
$6,000
$2,500
Between 150,001 and 200,000
$9,000
$16,200
$24,300
$10,800
$7,000 I
$2,500
Greater than 200,000
$10,000
I $18,000
$24,300
$10,800
$8,000
$2,500
Z All industrial /agricultural uses defined by the ITE Trip Generation Manual Land Use Codes 100 -199,
including light and heavy industrial, manufacturing, and warehousing
3 All office, medical, and service related uses defined by the ITE Trip Generation Manual Land Use
Codes 600 -699, 700 -799, and 900 -999, including general office, medical facilities, and banks
4 All retail and recreation uses defined by the ITE Trip Generation Manual Land Use Codes 400 -499,
800 -830 and 837 -899, including retail sales, rental sales, athletic clubs, and theaters
5 All food service uses defined by the ITE Trip Generation Manual Land Use Codes 831 -836, excluding
accessory (stand alone) drive through espresso stands (or similar) under 250 sq. ft. which are
assessed $300
6 All institutional and transportation uses defined by the ITE Trip Generation Manual Land Use Codes
000 -099 and 500 -599, including schools, places of worship, day care, terminals, and transit
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i
Section 2. Repealer. Resolution No. 1728 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 1 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
WAWord Processinb City\ResolutionsTW Fee Schedule -2011 10- 27- 11.docx
Allan Ekberg, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 5 of 5
269
MCI
Utilities Committee Minutes
November 15 2011- Paoe 2
C. 2012 Water. Sewer and Surface Water Rates
Staff is seeking Council approval of a resolution adopting a new Public Works Fee Schedule which will
reflect increased water, sewer, and surface water rates for 2012.
Water. In order to maintain current levels of service and lessen the impact of future increases to purchased
water, staff is recommending an increase to the minimum water meter charge from $10.00 to $12.00 for
residential customers and for commercial /industrial, from $30.00 $480.00 to $40.00 $575.00 (see draft
resolution for specific service charges). Water revenue remains flat due to the economic downturn and
decreased consumption. Increasing the base rate is the most logical cost increase implementation since
consumption levels are not changing. A portion of the increase provides for continuing operational and
capital needs. Additionally, Cascade Water Alliance rates are projected to increase 9.2% in 2012.
Sewer. King County will not be increasing their monthly sewer rate; however, there will be an increase in
their sewer capacity charge for new sewer connections made in 2012 for next 15 years. Staff is proposing a
20% increase for City sewer fees with residential customers increasing, from $16.06 to $19.26 and
commercial /industrial increasing from $28.12 to $33.74. The Sewer Enterprise Fund still remains low with
the impact of the interfund utility tax and the working capital reserve fund. However, with the rate
comparison with adjoining cities, Tukwila remains in the middle of the range.
Surface Water. Staff is proposing a 10% increase to surface water fees in 2012. Surface Water fees would
increase from $93.00 to $102.00 per year for residential parcels. Commercial /industrial properties would
increase from $111.98 $935.55 to $123.17 to $1,029.10. Even with the increase, Tukwila surface water
rates remain low compared with other cities. UNANIMOUS APPROVAL. FORWARD TO
NOVEMBER 28 COW FOR DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 5:26 p.m.
Next meeting: Per pending 2012 Committee Calendar
A Committee Chair Approval
Minutes by KAM. Reviewed by GL.
271
272
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by e 1 Mayor's review I C un it review
11/28/11 BG .1.*& C-
12/05/11 BGW 4 1
ITEM INFORMATION
I CAS NUMBER: ST'AI F SPONSOR: BOB GIBERSON ORIGINALAGENDA DATE: 11/28/11
AGI NDA I'rEMTrrI,E 2012 Annual Small Drainage Program
Design Consultant Agreement with KPG, Inc.
CA'I'I?GORY ®Discussion ®Motion E] Resolution F Ordinance ❑Bidflavard F Public Hearing Other
111tg Date 11/28/11 Mtg Date 12/05/11 Mtg Date Mtg Date Mtg Date Aft Date Mtg Date
SPONSOR Council E] Ma HR DCD .Finance Fire IT P &R Police PIFI
SPONSOR'S This contract is for design of the 2012 Small Drainage Program. Three consultant firms
SUMMARY were short- listed from the Consultant Works Roster and KPG was chosen as the most
qualified. This year five sites are being designed and seven sites are scheduled for
construction (two were designed in 2011). Council is being asked to approve the design
contract with KPG, Inc. in the amount of $64,945.76.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1 1/15/11 COMMITTEE CHAIR: DE'SEAN QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMIT "rEI? Unanimous Approval; Forward to Committee of the Whole.
COST IMPACT FUND SOURCE
EXPENDITURIH R1-:QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$64,945.76 $80,000.00 $0.00
Fund Source: 412 SURFACE WATER (PG 138, 2012 PROPOSED CIP)
Comments:
MTG. DATE
11/28/11
12/05/11
RECORD OF COUNCIL ACTION
MTG. DATE I ATTACHMENTS
11/28/11 I Informational Memorandum dated 11/10/11
vicinity Map
Qualification Ratings
Contract with KPG, Inc with Scope of Work and Fee
Minutes from the Utilities Committee meetings of 11/15/11
12/05/11
273
274
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
DATE: November 10, 2011
SUBJECT: 2012 Annual Small Drainaqe Proqram
Project No. 91241201
Consultant Selection and Agreement
ISSUE
Approve KPG, Inc. to design the 2012 Annual Small Drainage Program.
BACKGROUND
The Annual Small Drainage Program repairs surface water projects that are identified through maintenance activities as well as
citizen complaints. This year, we are proposing the design of five projects for construction in 2012. Construction of these five
projects will be combined with two projects designed in 2011 which were delayed.
DISCUSSION
Public Works staff reviewed the list of known system deficiencies and compiled a list of five projects for design in 2012. The five
projects selected are:
1. Gilliam Creek, Southcenter Blvd Crossing 4. Ryan Hill Pipe Repairs
2. S 128th Street/37 Ave S Pipe Repair 5. Fort Dent Outfall Improvements
3. Tukwila Parkway Outfall
The Fort Dent Outfall Improvements will rebuild a failing riverbank and outfall and retrofit the system with a secondary floodgate
to reduce the risk of flooding within Fort Dent Park. Since this park drainage system is not part of the City's surface water
system, funding from the City's share of the King County Flood District Opportunity Fund will be used for design and
construction (approximately $45,000.00).
The current Consultant Roster was reviewed and three firms were short- listed to design the selected five projects. The firms
were: KPG, Inc., PACE Engineers, and CH2M Hill. The Summary of Qualifications was evaluated for each firm and KPG, Inc.
was selected as the firm that best met the requirements. KPG has designed the Annual Small Drainage Program since 1991
and Public Works staff continues to be very satisfied with their work. KPG has an excellent working relationship with the
Washington Department of Fish and Wildlife, is knowledgeable of City requirements, remains flexible to design changes, and
continues to complete designs within the contracted amount. It is recommended that KPG, Inc. design the 2012 Annual Small
Drainage Program for a fee of $64,945.76.
BUDGET SUMMARY FROM 2012 PROPOSED CIP
Design
RECOMMENDATION
Contract Budqet
64,945.76 80,000.00
Council is being asked to approve this design agreement with KPG, Inc. in the amount of $64,945.76 for the 2012 Annual
Small Drainage Program and consider this item at the November 28, 2011 Committee of the Whole meeting and subsequent
December 5, 2011 Regular Meeting.
Attachments: Location Map
Qualification Review
Consultant Agreement
W: \PW Eng \PROJECTSW- OR Projects \91241201 (2012 SDP) \Design \INFORMATION MEMO -2011 doc
275
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CONSULTANT AGREEMENT FOR
DRAINAGE DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and KPG, Inc., hereinafter referred to as "the Consultant in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1.. Project Designation. The Consultant is retained by the City to perform drainage design
services in connection with the project titled 2012 Annual Neighborhood Drainage Program.
2: Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 365 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $64,945.76 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
281
5, Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act; omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within. fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
2
M:i
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, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
3
MR,
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG, Inc.
753 9th Avenue N.
Seattle, WA 98109
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this
day of
2011
CITY OF TUKWILA
Jim Haggerton, Mayor
CONSULTANT
By'
Nelson Davis, KPG
Principal
Title:
Attest/Authenticated:
Christy O'Flaherty, CMC, City Clerk
Approved as to Form:
Office of the City Attorney
4
MEI
Exhibit A
City of Tukwila
2012 Annual Small Drainage Program
Scope of Work
November 8, 2011
KPG
The Consultant shall prepare base maps, final plans, specifications, and estimates for
the following small drainage projects:
Site 1: Gilliam Creek, S 154 Street crossing
Finalize wall design developed in 2011 Small Drainage Program and
provide pipe liner rehabilitation of existing pipe crossing 42 Avenue S.
This site will require a Hydraulic Project Approval (HPA) from Washington
Department of Fish and Wildlife (WDFW).
Site 2: S 128 Street 37 Avenue S Pipe Repairs
Provide replacement and /or pipe liner rehabilitation on 6 pipe reaches in
the vicinity of S 128 Street intersection with 37 Avenue S and the
adjacent Wells Trucking parcel. This site will require an HPA from
WDFW.
Site 3: Tukwila Parkway Outfall
Provide realignment and replacement of the outfall pipe that discharges
north of the recent Klickitat project. This site will require an HPA from
WDFW.
Site 4: Ryan Hill Pipe Repairs
Provide manhole and pipe replacement and /or pipe liner rehabilitation on
3 pipe reaches in the vicinity of S 109 Street intersection with 41
Avenue S and repair the existing outfall on 49 Avenue South. This site
will require an HPA from WDFW.
Site 5: Fort Dent Outfall Improvements
Install new manhole in levee, flap gate on 15 -inch outfall pipe, and repair
outfall area as necessary. This project is included as a stand -alone
design task (Task 2) due to grant funding from King County Flood District
Operations Fund. This site will require an HPA from WDFW.
Work on these projects shall include any necessary survey, alternative analyses,
quantity estimating and cost estimating to complete the projects. Surveyed base maps
and horizontal utility locations will be provided for all sites. Right of way will be
indicated on the base maps based on available assessor information.
City of Tukwila
2012 Annual Small Drainage Program 1 of 2
KPG
November 8, 2011
285
Exhibit A
The Consultant shall prepare a SEPA checklist and JARPA application to obtain the
HPA. The checklist and JARPA will cover all project sites in a single document.
Geotechnical review of Site 1 will be provided to document soil conditions for design of
the deep pipe crossing liner and recommendations for wall design parameters to be
included in the specifications.
It is our understanding that none of the projects will require biological assessments,
additional permits, detention facilities, or water quality treatment facilities. The budget
assumes a straightforward approval process with no special studies or extensive
coordination.
It is anticipated that the projects will be bid as one package for the 2012 Small Drainage
Program. The Consultant shall perform base mapping, permit agency coordination,
utility coordination, and preliminary design and cost estimating for each of the project
sites to assist the City with prioritization for the bid package based on available funding
and other considerations.
For the 2012 Small Drainage Program, the Consultant shall submit 50% (plans and
estimate only) and 90% plan, specification, and estimate submittals for City review prior
to bidding. The City may reprioritize the projects based on estimated costs and
available budget.
Deliverables:
The Consultant shall provide the following deliverables:
Distribution of 50% Plans to utilities
SEPA checklist
JARPA application
2012 Small Drainage Program:
10 copies, 50% Plans and Estimates
5 copies, 90% Plans, Specifications and Estimates
Full size mylar copy of Final Plans
10 copies,' /2 size Final Plans (Bond)
10 copies, Final Specifications
1 copy, Final Engineers Estimate
Coordination and upload to BXWA.com
The City shall provide the following items:
Property owner contact information
Plan reviews and comments
Easement negotiations, if required.
Fees associated with advertisement on BXWA.com
city of Tukwila KPG
2012 Annual Small Drainage Program 2 of 2 November 8, 2011
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UTILITIES COMMITTEE Meeting Minutes
November 15, 2011— S: 00 p.m. Conference Room 1
Citv of Tukwila
Utilities Committee
PRESENT
Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kathy Hougardy
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, Ryan Larson, Mike Cusick,
David Cline, Gail Labanara and Kimberly Matej
CALL TO ORDER: The meeting was called to order at 5:02p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Consultant Selection and Agreement: 2012 Annual Small Drainage Program,
Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of $64,945.76
for design services for the City's 2012 Annual Small Drainage Program.
KPG was chosen from the City's consultant roster (Municipal Research and Services Center Rosters), and
j has designed the Annual Small Drainage Program since 1991. Staff commented that construction of two
/f 2011 Small Drainage projects were delayed, and the construction of these 2011 projects will be combined
with construction of the 2012 projects.
The five projects listed below have been identified for construction in 2012 through maintenance and citizen
concerns:
Gilliam Creek Southcenter Boulevard Street crossing
Pipe repairs near the intersection of South 128` Street and 37` Avenue South
Tukwila Parkway Outfall Pipe
Ryan Hill Pipe repairs
Fort Dent Outfall improvements
Through this design services agreement, KPG, Inc. will be able to tell the City the most cost effective way
to approach and construct these projects. UNANIMOUS APPROVAL.FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
B. Interlocal Contract Amendment: Cascade Water Alliance
Staff is seeking Council approval to amend the current interlocal agreement with Cascade Water Alliance
(CWA) which changes the calculation of administrative dues /costs from $1,000,000 or 5% of CWA's
annual revenue requirement to 9 It also allows this limit to be amended by a 65% dual majority vote of
the CWA Board. A dual majority requires a majority of votes according to two separate criteria in this
case it refers to a vote of the members and a vote based on demand shares.
As mentioned above, this amendment essentially reallocates member costs based on demand shares.
Tukwila will see an increase of approximately $60,000 in annual administrative costs which is a pass
through directly onto the ratepayers. The Committee requested that staff include the original administrative
costs along with the new costs in the memo that goes to full Council. They also requested additional
information from CWA that would explain the implications of the amendment in greater detail.
It was suggested that the Committee consider reviewing CWA Board minutes when information and /or
decisions pertain to Tukwila. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW
FOR DISCUSSION.
290
COUNCIL AGENDA SYNOPSIS
CAS NUMBER:
AGENDA ITEA2 TI
CATEGORY Discussion
Initials
Meeting Date Prepared by I I Mayor's review
11/28/11 I BG l/1/,�
12/05/11 BG�
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON
Council review
U N
ITEM NO.
4.J.
ORIGIN.ALAGE DA'Z'E: 11/28/11
Cascade Water Alliance Interlocal Contract Amendment
Motion Resolution Ordinance Bid Award Public Hearing ❑Other
Mtg Date 11128111 17tg Date 12/09111 Mtg Date Mtg Date Mfg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW
SPONSOR'S Cascade Water Alliance's (CWA) forecasts anticipated the region's growth, but now with
SUMMARY the economic slowdown, the revenue model needs to be updated. The equity redistribution
needs to maintain member parity so costs are more stable. This contract amendment to the
Interlocal shows administrative dues increasing from 5% to 9% of annual revenue
requirements. For Tukwila, CWA administrative dues will increase from $69k to $126k and
the overall rate model shows an increase of 9.4% in 2012.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1 1/15/11 COMMITTEE CHAIR: DE'SEAN QUINN
RECOMMENDATIONS:
SPONsoR /ADMIN. Public Works
COMMIT TEE Unanimous Approval; Forward to Committee of the Whole.
EYPENDIT'URI REQUIRED
$0.00
Fund Source: 401 WATER FUND
Comments:
MTG. DATE
11/28/11
12/05/11
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
$0.00
APPROPRIATION REQUIRED
$0.00
RECORD OF COUNCIL ACTION
MTG.DATEI ATTACHMENTS
11/28/11 Informational Memorandum dated 11/18/11 (revised after 11/15 UC)
CWA Letter to Mayor Haggerton dated 11/4/11
CWA Memo Documentation of 2012 Member Charges
Amended and Restated Interlocal Contract
Minutes from the Utilities Committee meetings of 11/15/11
12/05/11 1
291
292
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Bob Giberson, Public Works Director q4
DATE: November 18, 2011 (Revised after 11115 Utilities Committee meeting)
SUBJECT: Cascade Water Alliance Interlocal Contract Amendment
ISSUE
The Cascade Water Alliance Board has adopted Resolution 2011 -17 to amend the 2004 Amended and Restated
Interlocal Contract. This Contract is to be further ratified by each of the member agencies.
BACKGROUND
The Tukwila Water Utility receives its wholesale water supply as a member of the Cascade Water Alliance (CWA).
The initial Interlocal Agreement was first signed in 1999. Since then Cascade's administrative needs have changed.
Members pay administrative dues based on the number of Cascade Equivalent Residential Units (CERUs) they
serve.
The economic slowdown in the region's growth has affected forecasts anticipated among the growth agencies. This
has caused the revenue from the Regional Capital Facilities Charge (RCFC) to be materially below forecasts. In
response to the overall CWA revenue model, an equity redistribution and reallocation was completed to maintain
member parity so that member costs are more stable and less likely to be affected by future new water surcharges.
DISCUSSION
The Board of Directors of CWA which represents the 8- member agencies has unanimously voted to make changes in
the Interlocal Agreement. Section 4.7 of the Amended and Restated Interlocal Contract (second paragraph) is to be
amended in the following format:
Each Member must pay annual dues to defray part or all of Cascade's administrative costs based on the number
of CERUs served by its water system, regardless of water usage or capacity, and regardless of whether those
units are served by the Supply System or by Independent Supply. Total administrative dues collected from all
Members may not exceed the greater of $1,000,000 oF 5 9% of Cascade's annual revenue requirement less debt
revise This limit may be amended in the budget by a 65% Dual Maioritv Vote of the Board. The Board may
establish minimum annual dues per Member and may provide that less than all of the Member's CERUs be
taken into account in establishing dues.
From the 9% annual revenue requirement and the CERU reallocation, Tukwila's administrative dues will increase
from $69,895.00 to $126,558.00, or an increase of $56,663 (Table 4, page 4, of attached Cascade memorandum).
Adding some perspective, Tukwila's annual expense, including administrative dues, conservation fees, and water
demand charges was $2,010,047.00 in 2011 and will be $2,198,189 in 2012 representing a 9.4% increase.
RECOMMENDATION
The Council is being asked to approve the Amended and Restated Interlocal Contract with Cascade Water Alliance
and consider this item at the November 28, 2011 Committee of the Whole meeting and subsequent December 5,
2011 Regular Meeting.
Attachments: CWA Letter to Mayor Haggerton dated 11 -4 -11
Memo Documentation of 2012 Member Charges
Amended and Restated Interlocal Contract
W: \Shared Copy Only \TC -UC \Info CWA Amended Interlocal 11- 18- 11.docx
293
[P•.I
November 4, 2011
SE 8` "Street Suite 4417 Be3ievue_ VVA 98004
Phone: 425.453.0930 Far.: 425.453.0953
Vvebsiie wwovcascadewate;.org
295
Jim Haggerton
Mayor
City of Tukwila
Board of Directors
6200 Southcenter Boulevard
Chair
Tukwila, WA 98188
Lloyd Warren
Comm =ss one- Sammamish
PiateaL
Dear Mayor Haggerton:
Ijater Sev fer District
Vice chair
At its regular meeting on October 26, 2011, the Board of Directors of the Cascade
John r ar Redmond
r ?ayor: City of Rst,tf
Water Alliance unanimous) adopted Resolution No. 2011 -17 for the u ose of
y p purpose
adopting an Amended and Restated Interlocal Con tract. A copy of the Board's
ecretaryr`Treasurer
Jinn Haggerton
approval Resolution is enclosed.
Ilklayor, City of Tukwila
Grant Degginger
Adoption of the Amended and Restated Interlocal Contract is a two -step process.
Coundimcmber, City of
Once adopted by a 65% Dual Majority Vote of the Board, amendments to the
Bellevue
Interlocal Contract must be ratified by 65 as measured by Dual Majority Vote of
David Knight
the Members' legislative authorities, within one hundred and twenty (120) days.
er "m'S'ia "er:
Cev €notch `Nate- District
Cascade relied upon the amended language in establishing its 2012 Rates and
p g
Charges, therefore, we respectfully request that your legislative authorities ratify the
°t r' r`"yer
Cnuncil President, Cit o f
Amended and Restated Interlocal Contract by December 31, 2011.
Issaquah
Penny sweet
Also enclosed for presentation to, and ratification by your legislative body are two
Deputy Mayor, City of
originals of the Amended and Restated Interlocal Contract, dated October 26, 2011,
Kirkland
executed by Cascade. Once your legislative body has acted to ratify the Amended
Jost Ault
and Restated Interlocal Contract, please have both copies executed. Return one
Cormn ssioner, Skyway
W''at{ r Sevver District
executed copy and the resolution or official action of your legislative body
approving the agreement to Cascade. Once Cascade has received all the signature
pages, which are being executed in counterparts, Cascade will send each Member a
fully executed document.
Chief Executive Officer
There are a series of memorandum available that summarize the changes made to
Chuck Clarke
the Amended and Restated Interlocal Contract, as well as other actions taken by the
Board on October 26, 2011, related to Cascade's Rates and Charges. If these
documents would be useful in providing your legislative body with additional
background on the nature of the amendments, please let me know and I will provide
any additional material you require.
SE 8` "Street Suite 4417 Be3ievue_ VVA 98004
Phone: 425.453.0930 Far.: 425.453.0953
Vvebsiie wwovcascadewate;.org
295
296
6�
/,�`e
CA S CA D E MEMORANDUM
WATER ALLIANCE
DATE: October 25, 2011
TO: Cascade Member Agencies
FROM: Ed Cebron, Economist
SUBJECT: Documentation of 2012 Member Charges
A key product of Cascade's budget process is an established set of Member Charges for the upcoming year. With the
adoption of a biennial budget in 2010, the rate setting process for 2012 focuses on introduction of actual 2010 data for
Member customer base and demands. In addition, this summary reflects the results of structural changes in member
charges based on a year -long review of member equity. The charges contained in this summary are based on Board
approval of the recommended package of actions on October 26, 2011 and contingent on subsequent ratification by
Member legislative bodies. The 2012 revenue increase (prior to adjustments) is set at 6.0% by prior Board action. After
adjustments, the year -to -year increase in revenues is 3.2
Cascade Eauivalent Residential Units (CERUs)
Discussed in the Interlocal and the RCFC Methodology, the CERU is one of the key metrics that Cascade uses to allocate
costs to its Members. It is relevant in several ways:
Administrative Dues are based on projected January 1�` CERU counts, and are expressed in terms of a charge per
CERU. Members pay Administrative Dues based on the number of CERUs that they serve. With the package of
member charge revisions, the contractual limit on administrative dues is increased from 5% of revenue
requirements net of debt service to 9% of total revenue requirements. For 2012, the charge is below this limit.
Conservation Charges are also based on projected January 1'` CERU counts, but have historically been
discounted for Members that are not within the 15 -year supply commitment horizon. In 2008, Cascade made
the policy decision to phase out this discounting by 2012. Effective with the 2012 fiscal year, all members make
fully proportional payments toward conservation based on CERU counts. The 2012 Conservation Charge
includes a revision to the applicable costs which derived from the member equity review. Roughly $100,000 of
conservation program salaries were removed from the administrative budget and assigned to the conservation
program for rate setting purposes.
New Water Surcharges expire at the end of 2011, and are not a part of the 2012 member charge structure.
However, reconciliation of historical years continues, with 2012 charges reflecting adjustments based on 2010
usage. This will continue in 2013, with adjustments based on 2011 actual usage. Beginning in 2014, there
would be no further reconciliation adjustments related to New Water Surcharges.
Demand Share Charges are initially based on a rolling three -year demand history and adjusted for CERU growth
occurring between the midpoint of the three -year period and the most recent actual data available. Because
Demand Share Charges account for the majority (roughly 80% to 90 of Cascade's rate revenue, the Rate
Methodology explicitly establishes a Demand Share calculation that is solely based on actual historical data.
Per Table 1 of the RCFC Methodology, CERU counts are based on an inventory of water meters and flow equivalency
factors established by the American Water Works Association. Table 1 summarizes the calculation of CERUs based on
water meter counts as of 12/31/09 and 12/31/10:
297
Table 1: CERU Calculations
Water Meter Size
3/4"
1"
1 -1/2"
2
3
4"
6"
8"
10"
Total Number of Meters
Total Number of CERUs
Water Meter Size
3/4"
1"
1 -1/2"
2
3
4"
6
8"
10"
Total Number of Meters
Total Number of CERUs
1.0
32,648
15,971
5,033
10,659
13,608
2.5
3,529
103
438
1.0
32,692
16,129
5,127
10,712
13,900
14,916
3,144
1,261
97,881
2.5
3,545
105
439
503
808
485
111
268
6,264
5.0
2,149
77
410
519
1,264
752
31
328
5,530
8.0
956
38
264
328
632
133
12
182
2,545
16.0
160
23
24
32
65
22
8
34
368
25.0
80
3
10
10
68
6
0
27
204
50.0
29
0
5
0
11
0
0
18
63
80.0
6
0
0
0
5
0
0
10
21
115.0
1
0
0
0
0
0
0
3
4
1.0
32,648
15,971
5,033
10,659
13,608
2.5
3,529
103
438
516
804
5.0
2,129
76
404
520
1,262
8.0
945
38
262
321
631
16.0
156
18
23
30
63
25.0
77
3
8
10
68
50.0
29
0
4
0
11
80.0
6
0
0
0
5
115.0
1
0
0
0
0
345 1s'2U9 6.T L2.05!i
SPW pY TukW la total
14,771
3,146
1,392
97,228
484
111
315
6,300
750
32
334
5,507
132
11
192
2,532
22
8
36
356
6
0
26
r 198
0
0
18
62
0
0
9
20
0
0
3
4
It is worth noting that the water meter and resulting CERU counts shown in Table 1 reflect several adjustments to the
meter counts reported by Members on the Member Data Form.
Section 2.2 of the RCFC Methodology explicitly states that fire sprinkler and exempt/deduct meters are not
counted as CERUs because they do not increase system demand. Section 2.3 requires Members to report total
connected CERUs to Cascade on a quarterly basis for the purpose of collecting RCFCs for this reason, meters
that are not actually connected to the water system are not counted as CERUs either (they will be counted once
they are connected to the system).
Several Members (Redmond, Sammamish Plateau Water Sewer District, and Skyway Water Sewer District)
reported some combined domestic /fire meters. These meters are generally 1 -inch meters that were oversized
from 3/4 -inch meters to provide fire flow capacity —these meters are included in Table 1 as 3/4 -inch meters and
assigned 1 CERU per meter.
Because the City of Kirkland does not impose charges on irrigation (sprinkler) meters based on meter size, it has
a limited amount of data available regarding the size of its irrigation meters. It was able to develop an
approximate breakdown by size for 12/31/09 based on a sampling of its irrigation meters Table 1 uses the same
proportionality to estimate a breakdown for 12/31/10.
3/4" 230 232
1" 62 63
1 -1/2" 78 79
2" 76 77
Table 2 summarizes the CERU growth projections assumed for 2012:
2
M•:
Table 2: CERU Proiections by Member
Total
The distribution of estimated 2012 growth between Members is broadly based on year -to -date growth through 9
months of 2011, extrapolated to a full year projection. In addition:
The CERU count at the beginning of 2012 reflects a shift of 196 CERUs from Redmond to Kirkland resulting from
an annexation of the Kingsgate area effective June 1, 2011.
Sammamish Plateau has a request in process to serve the Overdale service area, which contains 153 homes. It
is assumed that this service is formally accepted for the 2012 service year. These are added to the District's
total CERUs.
Administrative Dues
Administrative Dues are imposed on Members to recover the various administrative costs that Cascade incurs in its day
to -day operations examples of relevant expenses include salaries and benefits of administrative personnel, office space
rental, and public process. Members pay Administrative Dues annually, according to the number of Cascade Equivalent
Residential Units (CERUs) that they serve and the prevailing Administrative Dues rate per CERU.
The Administrative Dues rate is generally derived for a given year by dividing that year's projected administrative
expenses by the number of CERUs at the end of the prior year (for example, the 2012 Administrative Dues rate is based
on the projected 2011 year -end CERU count, which is assumed to be the same as the CERU count as of January 1, 2012).
Cascade policy imposes constraints on the amount that Cascade can collect in Administrative Dues annual collections
are limited to nine percent of the Member Charge revenue requirement. Given these requirements, Table 3 shows the
derivation of the 2012 Administrative Dues rates:
Table 3: Derivation of 2012 Administrative Dues
AdministMtive Dues Rate Calcula
Projected Administrative Expenses:
CERU Growth Forecast
MGM
r
amm
930,791
Bellevue
66,553
187
0
66,739
Covington WD
17,524
197
0
17,720
Issaquah
11,271
158
0
11,429
Kirkland
17,951
57
196
18,204
Redmond
30,986
318
(196)
31,108
Sammamish Plateau WSD
21,455
205
153
21,813
Skyway WSD
3,801
6
0
3,807
Tukwila
8,291
3
0
8,294
Total
The distribution of estimated 2012 growth between Members is broadly based on year -to -date growth through 9
months of 2011, extrapolated to a full year projection. In addition:
The CERU count at the beginning of 2012 reflects a shift of 196 CERUs from Redmond to Kirkland resulting from
an annexation of the Kingsgate area effective June 1, 2011.
Sammamish Plateau has a request in process to serve the Overdale service area, which contains 153 homes. It
is assumed that this service is formally accepted for the 2012 service year. These are added to the District's
total CERUs.
Administrative Dues
Administrative Dues are imposed on Members to recover the various administrative costs that Cascade incurs in its day
to -day operations examples of relevant expenses include salaries and benefits of administrative personnel, office space
rental, and public process. Members pay Administrative Dues annually, according to the number of Cascade Equivalent
Residential Units (CERUs) that they serve and the prevailing Administrative Dues rate per CERU.
The Administrative Dues rate is generally derived for a given year by dividing that year's projected administrative
expenses by the number of CERUs at the end of the prior year (for example, the 2012 Administrative Dues rate is based
on the projected 2011 year -end CERU count, which is assumed to be the same as the CERU count as of January 1, 2012).
Cascade policy imposes constraints on the amount that Cascade can collect in Administrative Dues annual collections
are limited to nine percent of the Member Charge revenue requirement. Given these requirements, Table 3 shows the
derivation of the 2012 Administrative Dues rates:
Table 3: Derivation of 2012 Administrative Dues
AdministMtive Dues Rate Calcula
Projected Administrative Expenses:
Salaries Benefits
1,001,204
930,791
Professional Services
659,500
647,500
Communications Intergovernmental
727,000
617,000
Office Rent
124,000
126,000
Other Administrative Expenses
219,900
211,900
Operating Budget Contingency
200,000
200,000
Total
2,931,604
2,733,191
Administrative Dues Revenue Cap
1,444,763
2,915,663
Projected CERU Count as of January 1
177,829
179,113
Administrative Cost per CERU
16.49
15.26
Administrative Dues Rate per CERU
The administrative expenses shown reflect a re- assignment of labor costs related to the conservation program out of the
administrative budget, estimated at $100,000.
Table 4 shows the projected 2012 Administrative Dues payment for each Member:
299
Table 4: Proiected 2012 Administrative Dues Pavments by Member
Administ Dues
T
Fig
Bellevue
Covington WD
Issaquah
Kirkland
Redmond
Sammamish Plateau WSD
Skyway WSD
Tukwila
Total
Conservation Charges
539,117
140,921
90,583
146,818
251,439
17S,041
30,949
69,895
1,018,414
270,403
174,395
277,784
474,696
332,855
58,086
126,558
Conservation Charges were introduced in 2005 as a means of recovering the costs of Cascade's conservation program.
Like Administrative Dues, Conservation Charges are imposed on Members on a CERU basis. Table 5 shows the
derivation of the Conservation Charge for 2012:
Table 5: Derivation of 2012 Conservation Charges
Conserva Char Ra Calc ulation
Projected Conservation Expenses:
Bellevue
Salaries Benefits
116,645
220,145
Rebates
825,000
825,000
Fixture Replacement Supplies
90,000
90,000
Audits
30,000
30,000
Communications Public Information
175,000
175,000
Other
46,000
46,000
Total
1,282,645
1,386,145
Applicable Number of CERUs 177,829 179,113
Conservation Charge per CERU
The 2012 conservation expenses reflect the addition of related conservation program labor that had been previously
budgeted under administrative expense.
Given the proposed Conservation Charge rates discussed above, Table 6 shows the projected 2012 payments for each
Member:
Table 6: Proiected 2012 Conservation Charge Pavments by Member
QQnservation Charms
Bellevue
482,150
516,491
Covington WD
116,578
137,136
Issaquah
81,011
88,445
Kirkland
131,304
140,879
Redmond
224,870
240,743
Sammamish Plateau WSD
156,545
168,809
Skyway WSD
27,679
29,458
Tukwila
62,510
64,184
Total
difference in total
due to rounding
New Water Surcharges
The New Water Surcharge expires on December 31, 2011 and does not apply for 2012. However, there remains a
reconciliation adjustment in 2012 and 2013 for all members subject to the New Water Surcharge.
The calculation of New Water Surcharges for a given budget cycle requires an estimate of wholesale water demand for
that year Cascade must reconcile each Member's payments when their actual demand data is available. There is
4
1 1�
generally a two -year lag in this reconciliation. For example, actual 2010 demands were not available until a few months
into 2011- the information is available in time for the 2012 Budget, two years after the 2010 New Water Surcharges
were actually paid. Table 7 reconciles the 2010 New Water Surcharges:
Total 1 11,928,186 1,882,964 1,412,223 2,695,978 (1,283,756)
For 2010, actual demands for Kirkland and Redmond had been adjusted to reflect the transfer of 52 customers in the
Bridle Trails area from Redmond to Kirkland, shifting 5,204 ccf of demand from Redmond to Kirkland. For this
reconciliation, the related data revision was reversed to reconcile actual usage to the appropriate agency.
Demand Share Charges
The Demand Share Charge recovers costs that are not otherwise recovered through the other Member Charges or other
sources of revenue, and is computed by dividing the Demand Share cost basis by the number of Demand Shares. A
member's Demand Share in a given year is based on a three -year rolling average -the 2012 calculations are based on
data from 2008 -2010, since 2012 rates are determined in 2011. Each member's Demand Share is initially established as
the greater of:
Average daily demand (in mgd) from Cascade during the peak season (June September)
Average daily demand (in mgd) from Cascade for the entire calendar year
To account for the lag factor from using a three -year rolling average, this basis is adjusted to reflect relative growth in
customer bases. Based on CERU counts, each Member's adjustment is computed from the midpoint of the three -year
period to the most recent data available. The 2012 adjustment can be expressed as follows:
Midpoint Adjustment 2011 CERU Count (CERUs as of 12/31/10)
2009 CERU Count (CERUs as of 12/31/08)
The Demand Share is calculated by multiplying the Demand Share basis defined above by the midpoint adjustment.
Table 8 summarizes the 2012 Demand Share calculations (more detailed calculations are attached as an appendix):
Table 8:2012 Demand Share Calculations
Bellevue
Covington WD
Issaquah
Kirkland
Redmond
Sammamish Plateau WSD
Skyway WSD
Tukwila
Table 7: Reconciliation of 2010 New Water Surchames
5.1984
14.3%
6.5158
17.9%
20.3121
54.6%
0.0000
New Water
0
New
5.3359
20 New
.w Water Surcharge
Water
Actual 2010
Actual New
Surcharge
Water
Charges
Water
Surcharge
Impo
Bellevue
6,339,344
6,727,553
388,209
291,157
1,080,684
(789,528)
Issaquah
282,165
282,165
211,624
276,969
(65,345)
Kirkland
1,467,881
1,679,781
211,900
158,925
329,507
(170,582)
Redmond
1,152,275
1,901,747
749,472
562,104
867,808
(305,704)
SPWSD
251,217
251,217
188,413
141,010
47,403
Skyway WSD
349,165
165,794
Tukwila
1,375,836
919,928
Total 1 11,928,186 1,882,964 1,412,223 2,695,978 (1,283,756)
For 2010, actual demands for Kirkland and Redmond had been adjusted to reflect the transfer of 52 customers in the
Bridle Trails area from Redmond to Kirkland, shifting 5,204 ccf of demand from Redmond to Kirkland. For this
reconciliation, the related data revision was reversed to reconcile actual usage to the appropriate agency.
Demand Share Charges
The Demand Share Charge recovers costs that are not otherwise recovered through the other Member Charges or other
sources of revenue, and is computed by dividing the Demand Share cost basis by the number of Demand Shares. A
member's Demand Share in a given year is based on a three -year rolling average -the 2012 calculations are based on
data from 2008 -2010, since 2012 rates are determined in 2011. Each member's Demand Share is initially established as
the greater of:
Average daily demand (in mgd) from Cascade during the peak season (June September)
Average daily demand (in mgd) from Cascade for the entire calendar year
To account for the lag factor from using a three -year rolling average, this basis is adjusted to reflect relative growth in
customer bases. Based on CERU counts, each Member's adjustment is computed from the midpoint of the three -year
period to the most recent data available. The 2012 adjustment can be expressed as follows:
Midpoint Adjustment 2011 CERU Count (CERUs as of 12/31/10)
2009 CERU Count (CERUs as of 12/31/08)
The Demand Share is calculated by multiplying the Demand Share basis defined above by the midpoint adjustment.
Table 8 summarizes the 2012 Demand Share calculations (more detailed calculations are attached as an appendix):
Table 8:2012 Demand Share Calculations
Bellevue
Covington WD
Issaquah
Kirkland
Redmond
Sammamish Plateau WSD
Skyway WSD
Tukwila
2012
Sh re o #T�rat
19.7 900
0.0000 1 0.0%
0.9412
2.6%
5.1984
14.3%
6.5158
17.9%
20.3121
54.6%
0.0000
0.0%
1.0359
2.8%
5.3359
14.4%
6.9109
18.6%
0.4232
1.1%
0.4260
1.1%
2.7244
7.3%
2012
Sh re o #T�rat
19.7 900
0.0000 1 0.0%
0.9412
2.6%
5.1984
14.3%
6.5158
17.9%
1.0000
I 2.7% 1
0.4010
I 1.1%
2.5865
7.1%
Wli.
The Demand Share calculation summarized in Table 8 incorporates the transfer of 248 CERUs from Redmond to Kirkland
through two annexations (52 CERUs from the Bridle View area and 196 CERUs from the Kingsgate area). For the purpose
of computing 2012 Demand Shares, both the historical demands and CERU counts are adjusted to reflect the transfer.
301
Historical demands are adjusted using Cascade's standard CERU demand assumptions (241 gpd of average day demand;
371 gpd of peak season demand). For Issaquah and Sammamish Plateau, minimum demand shares of 0.75 and 1.00,
respectively, have been set by Board action, and the above table reflects these minimums when applicable, while the
appendix also illustrates calculated demand shares based on historical usage.
Table 9 shows the Demand Share Charge calculation for 2012:
Table 9: Derivation of 2012 Demand Share Charge
Dem and Share Charge Calculation
Total Prior -Year Member Charge Revenue Excluding RCFCs $28,832,552 $30,562,505
Planned Member Charge Revenue Adjustment 6.00% 6.00%
Projected Member Charge Revenue $30,562,505 $32,396,255
Less: Projected Administrative Dues 1,444,763 2,733,191
Less: Projected Conservation Charges 1,282,645 1,386,145
Less: Projected New Water Surcharges 2,220,211 0
Demand Share Cost Basis $25,614,886 $28,276,919
Projected Demand Share Basis 37.1662 36.4329
Demand Share Charge
Corresponding Charge Per Demand Share
Table 10 shows the Demand Share Charge payments for each Member.
Table 10: 2012 Demand Share Charees By Member
Demand Share Charts
Bellevue
Covington WD
Issaquah
Kirkland
Redmond
Sammamish Plateau WSD
Skyway WSD
Tukwila
Total
Existing 2011 2012
JLT6 t51; T I.Pa went
13,999,098
713,913
3,711,447
4,727,490
291,661
293,634
1,877,642
Table 11 summarizes the 2012 Member Charges for each Member:
15, 359, 764
730,481
4,034,694
5,057,142
776,136
311,256
2,007,447
Table 11: Summary of 2012 Member Charges
ICovin¢ ton Water District
I
140,921 1 5
116.578 1 5
1 1 5 257,499
1lssaquah
1
90,583 1
81,011 1 S
277,324 1$ 713.913 1 5 1.162,831 1
1Kirkland
1$
146,818 1$
131,304 1 S
323,218 1 S 3.711,447 1 5 4.312,787
1Redmond
1
251,439 1
224,870 1
710,794 1 4,727,490 1 5 5,914,593
ISammamish Plateau WSD
1
175,041 1
156,545 1
190,323 1 S 291.661 1 5 813,570
Skyway Water Sewer
I
30,949
27,679 I
293,634 I 352,262
District
Tukwila
69,895 1
62,510 1
I 1,877,642 1 2,010,047
0.
I Bellevue
1Covington Water District
Ilssaquah
1Kirkland
IRedmond
ISammamish Plateau WSD
Skyway Water Sewer
District
I$ 1,018.414'5
1 S 270.403 1 5
1 174.395'
I 277,784 1
1 474.696 1
332.855 1
58,086
516,491 I
137,136 1
88,445 1
140,879 I
240,743 1
168,809 1
29,458 I
1 $15.359,764 I $16,894,670 I
1 5 1 407,539 1
1 730.481 1 S 993,320 1
1 4,034,694 I 4,453,356 1
S 5.057,142 1 5,772,581 1
1 S 776.136 1 1,277,800 1
PJ
7.3%
58.3%
-14.6%
3.3%
-2.4%
57.1%
Member Total With
Charge justments
(200,084)l $15,538,833
1$ 1 5 257,499 1
1 66.895 1 5 1,229,726 1
1 5 (3,552)1 5 4.309,235 1
1 (59,294)1 5,855,299 1
1 (213,854)1 599,716 1
I 352,262
2,010,047
Member
Total With Increase
Charge Adjustments 2011
Over
Charges
Adjustments
(789,528)1 $16,105,142 1
3.6%
1 1 407,539 1
58.3% 1
1 (65,345)1 927,974 1
-24.5% 1
1 (170,582)1 4,282,775 1
-0.6% 1
1 (305,704)1 5,466,877 1
-6.6% 1
1 47,403 1 1,325,203 I
121.0% 1
I 398,800
13.2%
2,198,189
9.4%
302
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After recording, ret to:
GordonDerr LLP
2025 First Avenue, Suite 500
Seattle, Washington 98121
(206) 382 -9540
WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
1 DOCUMENT TITLES) (or transactions contained therein):
INTERLOCAL CONTRACT
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
N/A
Additional reference #s on page of document(s)
GRANTOR(S) (Last name first, then first name and initials)
Cascade Water Alliance/Members of Cascade Water Alliance
Additional names on page of document
GRANTEE(S) (Last name first, then first name and initials)
Cascade Water Alliance/Members of Cascade Water Alliance
Additional names on page of document
LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range)
N/A
Additional legal is on page of document
ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER
N/A
Asse ssor Tax no ey t as
304
INTERLOCAL CONTRACT
Amended and Restated
October 26, 2011
Cascade Interlocal Contract i
Amended and Restated
October 26, 2011
305
TABLE OF CONTENTS
ARTICLE1.
AGREEMENT ..............................1
ARTICLE2.
DEFINITIONS ..............................1
ARTICLE 3.
FORMATION OF ENTITY; PURPOSE AND POWERS 7
Section3.1
Formation ..............................7
Section3.2
Membership 7
Section 3.3
Conversion to Municipal Corporation Status ..............................9
Section3.4 Purposes ..............................9
Section3.5 Powers .............................10
ARTICLE 4. ORGANIZATION STRUCTURE; BOARD .............................11
Section 4.1 Composition, ByLaws and Meetings .............................11
Section 4.2 Powers of the Board .............................12
Section4.3 Voting .............................12
Section 4.4 Officers and Committees .............................12
Section 4.5 Executive Committee .............................13
Section 4.6 Staff, Consultants and Contractors .............................14
Section 4.7 Budget; Dues; Financial Management .............................14
ARTICLE 5. ASSET DEVELOPMENT AND SUPPLY COMMITMENT .............................15
Section 5.1 Property Acquisition, Ownership and Disposition .............................15
Section5.2 Supply Commitment .............................16
Section 5.2.1 Commitment to Members .............................16
Section 5.2.2 Additional Rules for Members Retaining Independent Supply .....................18
Section 5.2.3 Additional Rules for Source Exchange .............................19
Section5.3 Financing of Assets 20
Section5.3.1 Issuance of Bonds .............................20
Section 5.3.2 Pledge of Revenues 21
Section 5.33 Continuing Discl osure .............................23
Section 5.3.4 Preservation of Tax Exemption for Interest on the Bonds .............................23
Cascade Interlocal Contract
Amended and Restated
October 26, 2011
OR
Section 5.3.5 Additional Certificates
23
Section 5.4
Supply Expansions and System Extensions .............................23
Section 5.5
Regional Capital Facilities Charges
24
Section 5.6
Transfer Upon Mergers, Consolidations and Assumptions
26
ARTICLE 6.
NEW INDEPENDENT SUPPLY
27
ARTICLE7.
ASSET MANAGEMENT .............................27
Section 7.1
Supply System Management .............................28
Section7.2
Conservation
Section 7.3
Shortages and Emergency .............................29
Section7.3.1
Shortages
29
Section7.3.2.
Emergency
Section7.4
Water Quality .............................30
Section 7.5
Water Supply Rates and Charges
31
Section 7.6
New Water Surcharge .............................3
Section 7.7
Franchises and Easements
33
Section 7.8
Sales of Water to Non Members .............................33
Section 7.9
Payment Procedures; Default; Step -Up Provisions
34
Section 7.9.1
Invoice and Payment
34
Section7.9.2 Default and Step- Up
35
ARTICLE8.
PLANNING .............................36
Section8.1
Water Supply Plan
36
Section 8.2
Watershed Management Plan
37
Section 8.3
System Reliability Methodology .............................37
ARTICLE9.
FILINGS .............................37
ARTICLE 10.
DURATION AND DISSOLUTION; WITHDRAWAL
37
Section10.1
Duration
38
Section10.2
Withdrawals .............................38
Section10.3
Dissolution
40
Section10.4
Successor Entity
40
ARTICLE11.
AMENDMENTS
41
ARTICLE 12.
APPLICABLE LAW AND VENUE .............................41
Cascade Interlocal Contract
Amended and Restated
October 26, 2011
307
ARTICLE 13. NO THIRD PARTY BENEFICIARIES 41
ARTICLE14. SEVERABIL TTY 41
ARTICLE15. ENTIRE AGREEMENT 42
ARTICLE16. EXECUTION .............................44
Cascade Interlocal Contract iv
Amended and Restated
October 26, 2011
1:
CASCADE WATER ALLIANCE
INTERLOCAL CONTRACT
Recitals
WHEREAS, the Cascade Water Alliance, an intergovernmental organization created
by Interlocal Contract effective April 1, 1999 (as amended July 2000 and November 2002) to
further the interests of its Members with respect to water supply and to work cooperatively
with other water supply entities in the region; and
WHEREAS, Members of the Cascade Water Alliance have determined to amend the
Cascade Water Alliance's Interlocal Contract to better facilitate the purpose of the Cascade
Water Alliance;
NOW, THEREFORE, it is agreed as follows:
.ARTICLE 1. Agreement
The Cascade Interlocal Contract, effective April 1, 1999, and entered into under
authority of the Interlocal Cooperation Act, Chapter 39.34 RCW is amended and re- stated as
provided herein.
ARTICLE 2. Definitions
"Asset Transfer Agreement" means an agreement between Cascade and a Member
by which the Member transfers title to Water Supply Assets to Cascade, with or without
monetary consideration, to be operated and maintained as part of the Cascade Water System.
"Authorized Issuer" means either: (a) Cascade (or a successor entity); or (b) a
Member or other entity authorized to issue Bonds for the benefit of Cascade approved by
Resolution of the Board.
"Board" means the Board of Directors of Cascade.
Cascade Interlocal Contract 1
Amended and Restated
October 26, 2011
309
"Bonds" means short-term or long -term bonds, notes, warrants, certificates of
indebtedness, or other obligations issued by, or on behalf of Cascade.
"ByLaws" means the ByLaws of Cascade, as adopted and amended by the Board.
"Cascade" means Cascade Water Alliance.
"Cascade ERUs" "CERUs means equivalent residential units, calculated
according to the Regional Capital Facilities Charge Methodology.
"Cascade Source Exchange Program" means a program adopted by Resolution of
the Board for the replacement of all or a portion of a public water systems existing water
supply to benefit stream flow and fish without serving growth or increasing that system's
water supply. A program utilizing Lake Tapps Water Supply shall include the terms and
conditions for source exchange contained in the Lake Tapps' Water Right Report of
Examination.
"Cascade Source Exchange Program Agreement" means an agreement between
Cascade and a Member or another public water supplier to implement the Cascade Source
Exchange Program.
"Cascade Supply Date" means the date for the Founding Members and each new
Member, established by Resolution of the Board, upon which Cascade undertakes a Supply
Commitment.
"Contract" means this Cascade Water Alliance Interlocal Contract.
"Demand Share" means either a Member's current share of water provided through
the Supply System, or estimated share of water to be provided through the Supply System,
Cascade Interlocal Contract -2-
Amended and Restated
October 26, 2011
310
whether Full Supply or Interruptible Supply, expressed in millions of gallons per day.
Demand Share is calculated according to the Rate Calculation Methodology.
"Dual Majority Vote" means Board approval of a proposal on the basis of a simple
majority of all Members, allowing one vote per Member, together with a simple majority of
all Members on the basis of each Member's Weighted Vote. A "simple majority" means a
majority of all Members of Cascade, not just the Members present and voting.
11 65% Dual Majority Vote" means Board approval of a proposal on the basis of a
65% supermajority of all Members, allowing one vote per Member, together with 65%
supermajority of all Members on the basis of each Member's Weighted Vote. A
supermajority" means 65% of all Members of Cascade, not just the Members present and
voting.
"Founding Member" means the City of Bellevue, Covington Water District, the City
of Issaquah, the City of Kirkland, the City of Redmond, Sammamish Plateau Water and
Sewer District, Skyway Water and Sewer District, and the City of Tukwila.
"Gross Cascade Revenue" means all of the earnings and revenues received by
Cascade from any source whatsoever including but not limited to: (a) Member Charges; (b)
revenues from the sale, lease or furnishing of other commodities, services, properties or
facilities; (c) the receipt of earnings from the investment of money in any maintenance fund or
similar fund; (d) and withdrawals from any rate reserve or rate stabilization fund or account.
However, Gross Cascade Revenue shall not include: (a) principal proceeds of Bonds
or any other borrowings, or earnings or proceeds from any investments in a trust, defeasance
or escrow fund created to defease or refund obligations relating to the Water Supply System
Cascade interlocal Contract -3-
Amended and Restated
October 26, 2011
311
(until commingled with other earnings and revenues included in Gross Cascade Revenue) or
held in a special account for the purpose of paying a rebate to the United States Government
under the Code; (b) taxes and other income and revenue which may not legally be pledged for
revenue bond debt service; (c) improvement district assessments; (d) federal or state grants
allocated to capital projects; (e) payments under Bond Insurance or other credit enhancement
policy or device; (f) insurance or condemnation proceeds used for the replacement of capital
projects or equipment; (g) earnings in any construction fund or bond redemption fund; (h)
deposits to any rate reserve or rate stabilization fund or account; or (i) any revenues generated
by any Independent Supply except those amounts that are payable to Cascade pursuant to this
Contract or another interlocal agreement.
"Independent Supply" or "Independent Supplies" means a Member's Water
Supply Assets that are not part of the Supply System.
"Member" or "Members" means one or more member agencies of Cascade.
"Member Charges" means all payments that Cascade Members are required by this
Contract to make to Cascade, including but not limited to all Rates and Charges, RCFCs,
dues, assessments and other payments from Members.
"Net Cascade Revenue" means Gross Cascade Revenue less Operations and
Maintenance Costs.
"Non- Member" means any person or agency that is not a party to this Contract.
"Operations and Maintenance Costs" or "O &M Costs" means all expenses
incurred by Cascade to operate and maintain the Supply System in good repair, working order
and condition, including without limitation, payments made to any other public or private
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entity for water or other utility service. Except as approved by the Board, Operations and
Maintenance Costs shall not include any depreciation, capital additions or capital
replacements to the Supply System.
"Rates and Charges" means the rates and charges (not including RCFCs) chargeable
to each Member using the Rate Calculation Methodology plus any late payment or other
charge that may be due.
"Rate Calculation Methodology" means the method of setting Rates and Charges
adopted by the Board in accordance with Section 7.5
"Regional Capital Facilities Charges" "RCFCs means the charges to each
Member for new CERUs connected to that Member's water distribution system.
"Regional Capital Facilities Charge Methodology" "RCFC Methodology
means the method of determining the RCFCs adopted by the Board in accordance with
Section 5.5.
"Satellite Systems" means water supply facilities identified as such by the Board,
including but not limited to facilities that serve a portion of a Member's customers but that are
not part of the Member's main water system.
"Seattle Contract Purveyor" or "Seattle Contract Purveyors" -means a Member
that is or was a party to The City of Seattle Water Purveyor Contracts, Version A or Version
B, dated November 1981 (as amended) executed prior to July 1, 1998.
"Supply Commitment" means the obligation undertaken by Cascade, established by
Resolution of the Board to supply water to a Member. With respect to Members, that
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obligation shall be characterized as "Full Supply Commitment," or an "Interruptible
Supply Commitment" defined as follows:
"Full Supply Commitment" for any or all of a Member's water needs means that
those needs, as projected in the Member's lawfully adopted water supply plan, shall be met
from the Supply System, net of independent supply and subject to the other limitations
established in this agreement, on an equal parity with all other Full Supply Commitments, and
with a guaranteed priority no lower than for any other Supply Commitment made by Cascade;
provided that no Member is guaranteed any given amount of supply or capacity.
"Interruptible Supply Commitment" means a supply of all or part of a Member's
water needs from the Supply System on an as- available basis on a lower priority than any Full
Supply Commitment.
The Supply Commitment for a Member shall be defined by this Interlocal Contract,
the terms and conditions of membership, and the Supply Commitment resolution.
"Supply System" means the Water Supply Assets owned or controlled by Cascade.
"Water Supply Assets" means tangible and intangible assets usable in connection
with the provision of water supply, including without limitation, real property, physical
facilities (e.g., dams, wells, treatment plants, pump stations, reservoirs, and transmission
lines), water rights, capacity and/or contractual rights in facilities or resources owned by other
entities, and investments in conservation programs and facilities.
"Watershed Management Plan" means a plan adopted by Cascade for purposes of
regional water supply, water transmission, water quality or protection, or any other water-
related purpose, including but not limited to the plans identified in RCW 39.34.190(3).
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"Water Supply Plan" means the Cascade Regional Water Supply Plan (which may
include the Cascade Watershed Management Plan) adopted by the Board as provided in
Section 8.1 and 8.2.
"Weighted Vote" means a vote in which each Member's vote is counted according to
the Member's Demand Share, but no Member shall have a Weighted Vote of less than one.
ARTICLE 3. Formation of Entity; Purpose and Powers
Section 3.1 Formation. The Cascade Water Alliance was created on April 1, 1999
as a public body and an instrumentality of its Members, which exercises essential
governmental functions on its Members' behalf as authorized by the Interlocal Cooperation
Act (RCW 39.34). Cascade is incorporated under RCW 39.34.040(3) as a public nonprofit
corporation in the manner set forth in RCW 24.03 or 24.06 and it may, with Board approval,
be incorporated as a partnership in the manner set forth in RCW 25.04, or the Board may
organize the form of Cascade in any other manner permitted by law. In addition to its status
under any other applicable law, Cascade shall constitute a "watershed management
partnership" as provided in Chapter 39.34 RCW. The Board may approve the filing of
Articles of Incorporation or similar documents in connection with incorporating Cascade or
organizing it in some other manner.
Section 3.2 Membership. Subject to restrictions on future Cascade water rights, or
to limitations upon water's place of use imposed by contract or permit, any municipal water
utility serving within the Central Puget Sound Region may be admitted to Cascade. The
decision to admit new Members rests with the sole discretion of the Board, which shall
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determine whether to extend a membership offer taking into consideration the audit findings,
Cascade water resources, and any other factors the Board deems advisable.
When a municipality applies for membership, Cascade shall conduct a water supply
audit according to the methodology and within the period determined by the Board. Audit
results shall be provided to the Board and to the applicant.
If a membership offer is extended, it shall address the nature of the Water Supply
Assets being transferred or retained and the "value" of those assets in terms of the calculation
of an applicant's Demand Share, RCFCs and other matters relating to the rights and
obligations of the applicant and Cascade, which must be recorded in the form that the Board
determines and which will constitute, along with this Contract, the conditions under which an
applicant becomes a Member of Cascade. An applicant for membership shall be admitted by
adoption of a Resolution of the Board accepting the application for membership and
incorporating the terms and conditions of membership.
Each membership application must be accompanied by a nonrefundable application
fee based on the cost of the audit and other costs related to the admission of a new Member or
a request for new supply. The Board shall set the application fee for each applicant based on
the estimated cost of processing the application, including the cost of the audit.
As a condition of membership, each new Member admitted to Cascade shall, in
addition to any other applicable fees, rates, charges or assessments, pay to Cascade the
membership fee, as established by the Board.
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If an applicant's planning process or plans are materially out of compliance with the
requirements of the Growth Management Act, the Board may condition an offer of
membership upon the applicant's compliance with that act.
Section 3.3 Conversion to Municipal Corporation Status. In accordance with
Section 10.4, Cascade may be converted into a separate municipal corporation if, and as
permitted by law. Upon the creation of such a separate municipal corporation, all Cascade
rights and obligations and all Member rights an obligations under this Contract shall transfer
to that new municipal corporation.
Section 3.4 Purposes. Cascade's purposes include only those related to water
resources, and do not include the provision of other general services to the public, and are to:
a. provide a safe, reliable and high quality drinking water supply to meet the current
and projected demands of Cascade Members serving the Central Puget Sound
Region, and for non Members as determined by Cascade, and to carry out this task
in a coordinated, cost effective, and environmentally sensitive manner;
b. develop, contract for, manage, acquire, own, maintain and operate Water Supply
Assets, including without limitation, surface water supplies, groundwater supplies,
reclaimed water supplies, and other water supply resources as determined by the
Board;
c. contract with Seattle to transfer to Cascade and to modify Seattle's rights and
duties with respect to Seattle Contract Purveyors;
d. contract for, or assume certain contractual rights and duties related to the Tacoma
Second Supply Pipeline project;
e. purchase and provide water supply, transmission services, treatment facilities and
other related services;
f. provide conservation programs to promote the wise and efficient use of resources;
g. carry out emergency water supply and shortage management programs for its
Members when demands exceed available supply;
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I coordinate and plan cooperatively with other regional or local water utilities and
other entities to maximize supply availability and to minimize system costs;
develop a Water Supply Plan addressing the needs of its Members and develop a
Watershed Management Plan serving the needs of its Members and Cascade itself
and develop a regional water supply plan with other water providers as Cascade
may find convenient or necessary to meet regional, state and federal planning
requirements, and to take a leadership role in developing and coordinating those
supply plans;
j. share costs and risks among Members commensurate with benefits received; and
k. carry out, or to further other water supply purposes that the Members determine,
consistent with the provisions of this Contract.
Section 3.5 Powers. To further its purposes, Cascade has the full power and
authority to exercise all powers authorized or permitted under RCW 39.34 and any other laws
that are now, or in the future may be, applicable or available to Cascade and to engage in all
activities incidental or conducive to the attainment of the purposes set forth in Section 3.4 of
this Contract, including but not limited to the authority to:
a. acquire, construct, receive, own, manage, lease and sell real property, personal
property, intangible property and other Water Supply Assets;
b. operate and maintain facilities;
c. enter into contracts;
d. hire and fire personnel;
e. sue and be sued;
f. exercise the power or eminent domain (through its Members at their individual
discretion, unless and until Cascade has that power under applicable law);
g. impose, alter, regulate, control and collect rates, charges, and assessments,
h. purchase and sell water and services within and outside the geographical
boundaries of its Members;
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i. borrow money (through its Members or other entities at their individual discretion
or as authorized by Chapter 39.34 RCW now or in the future), or enter into other
financing arrangements;
J. lend money or provide services or facilities to any Member, other governmental
water utilities, or governmental service providers;
k. invest its funds;
1. establish policies, guidelines, or regulations to carry out its powers and
responsibilities;
m. purchase insurance, including participation in pooled insurance and self insurance
programs, and indemnify its Members, officers and employees in accordance with
law;
n. exercise all other powers within the authority of, and that may be exercised
individually by all of its Members with respect to water supply, conservation,
reuse, treatment and transmission, or any of the other purposes set forth in Section
3.4;
o. exercise all other powers within the authority of, and that may be exercised
individually by all its Members with respect to watershed planning and
management; and
p. exercise all other corporate powers that Cascade may exercise under the law
relating to its formation and that are not inconsistent with this Interlocal Contract
or with Chapter 39.34 RCW or other applicable law.
ARTICLE 4. Organization Structure; Board
Section 4.1 Composition, ByLaws and Meetings. Cascade is governed by a Board
of Directors consisting of one individual representative appointed by Resolution of the
Member's legislative authority. Members may similarly appoint Alternate Board Members.
Each Board Member and each Alternate Board Member must be an elected official of the
Member.
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The Board shall adopt ByLaws consistent with this Interlocal Contract that specify,
among other matters, the month of Cascade's Annual Meeting, Board powers and duties and
those of the Executive Committee, Standing Committees, Officers and employees.
The Board shall meet as required by the ByLaws, but not less than quarterly.
Section 4.2 Powers of the Board. The Board has the power to take all actions on
Cascade's behalf in accordance with voting provisions set forth in Section 4.3. The Board
may delegate to the Executive Committee or to specific Cascade Officers or employees any
action that does not require Board approval under this Contract.
Section 4.3 Voting. All Board actions must be approved by Dual Majority Vote of
all Members, except where this Contract requires either a 65% Dual Majority Vote, as
provided in Sections 5.2, 5.5, 7.1, 7.3, 8.3, 10.3, 10.4, and Article 11; or ratification by the
Members' legislative authority, as provided in Section 10.4 and Article 11. The Board may
act by voice votes, as set forth in the ByLaws. Any Member may require a recorded
tabulation of votes either before or immediately after a voice vote is taken. Although voting
is, in part, based on Weighted Vote, the Members expressly agree that there is only one class
of voting membership, and voting occurs within that single class.
Any Member that has been declared to be in default of its obligations under this
lnterlocal Contract by the Board shall lose its right to vote until the Board has declared the
default to be cured.
Section 4.4 Officers and Committees. Cascade Officers shall include a Chair, a
Vice Chair, a Secretary and a Treasurer. The Chair serves as the chair of the Board (and may
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be known as the "President if the ByLaws so designate) and performs those duties set forth
in the ByLaws.
The Vice Chair shall perform the duties of the Chair in the Chair's absence and shall
perform other duties as set forth in the ByLaws. The Secretary shall be responsible for
Cascade records and performs other duties as set forth in the ByLaws. The Treasurer shall be
responsible for Cascade accounts and financial records and performs other duties as set forth
in the ByLaws.
Consistent with the provisions of this Contract, the Board may, in the ByLaws,
establish additional Officers and set forth their duties.
The Board may create and appoint Members to Standing Committees and special
committees as it deems appropriate. Committee Members need not be elected officials or
employees of Members, but Standing Committee Chairs must be Board Members or Alternate
Board Members.
Section 4.5 Executive Committee. The Chair, Vice Chair, Secretary, Treasurer
and chairpersons of Standing Committees together constitute Cascade's Executive
Committee. The Chair (or acting Chair) shall vote on matters before the Executive
Committee only if necessary to break a tie. The Executive Committee's duties and
responsibilities are set forth in the ByLaws. The Executive Committee shall not have the
power to:
a. approve any contract for a term longer than three years;
b. approve any contract involving expenditure by, or revenue to Cascade in
excess of such amounts and under such circumstances as set forth in the
ByLaws;
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C. retain or dismiss the chief executive officer or determine the chief executive
officer's compensation; or
d. take any actions expressly reserved to the Board by this Contract or the
ByLaws.
The Executive Committee shall have the authority, if necessary, to avoid default on
any Bond, to withdraw from any capital reserve fund or rate stabilization fund, an amount
equal to the amount necessary to avoid a default and to authorize payment of that amount to
avoid default.
Section 4.6 Staff, Consultants and Contractors. Cascade staff shall consist of a
chief executive officer and other positions established by the Board. The Board shall appoint,
designate the title of, and establish the compensation range of the chief executive officer. The
Board shall hire or retain legal counsel and independent accountants and auditors for Cascade.
The authority to hire other consultants may be delegated to the Executive Committee. The
chief executive officer appoints persons to fill other staff positions, and those appointments
may be subject to ratification by the Board or the Executive Committee if the ByLaws so
provide. The Board may also provide that administrative, professional or technical services
be performed by contract.
Section 4.7 Budget; Dues; Financial Management. The Board must approve an
annual budget determining Cascade's revenues and expenditures no later than sixty (60) days
before the beginning of the fiscal year in which that budget will be in effect. The budget will
be developed and approved according to a schedule established by the ByLaws. The budget
must identify the levels of Member Charges on which revenue projections are based. The
Board may amend the budget.
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Each Member must pay annual dues to defray part or all of Cascade's administrative
costs based on the number of CERUs served by its water system, regardless of water usage or
capacity, and regardless of whether those units are served by the Supply System or by
Independent Supply. Total administrative dues collected from all Members may not exceed
9% of Cascade's annual revenue requirement
service. This limit may be amended in the budget by a 65% Dual Maiority Vote of the Board.
The Board may establish minimum annual dues per Member and may provide that less than
all of a Member's CERUs be taken into account in establishing dues.
All Cascade books and records shall be open to inspection by the Washington State
Auditor.
ARTICLE 5. Asset Development and Supply Commitment
Section 5.1 Property Acquisition, Ownership and Disposition. Cascade may
construct, purchase, rent, lease, manage, contract for, or otherwise acquire and dispose of
Water Supply Assets and other assets. Cascade may control and manage both the assets it
owns and the assets that are owned by Members that have transferred control and
management of those assets to Cascade. This Contract does not vest in Cascade any authority
with respect to Members' other facilities or assets, such as Water Supply Assets retained by
Members as Independent Supply.
Subject to Cascade's agreement, a Member may transfer to Cascade its title to, or
operational control and management of Water Supply Assets. Water Supply Assets may also
be fully retained Members as Independent Supply, subject to the provisions of Article 6. At
the discretion of the Board, Cascade may accept title to, or operational control and
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management of Water Supply Assets offered by Members or accept supply assets that
constitute all or part of a Member's Satellite System(s). The Board may accept supply assets
subject to the terms and conditions arrange between Cascade and the Member, based on the
result of the audit process and mutual needs.
Cascade may enter into Asset Transfer Agreements which shall provide for the terms
and conditions of. (a) Cascade's operation of the transferred Water Supply Asset with respect
to the Member transferring the asset; (b) Cascade's operation, maintenance and replacement
of the Water Supply Asset as part of the Supply System; (c) return or disposition of the Water
Supply Asset if Cascade terminates its existence or the Member withdraws; (d) continuation
of service (if appropriate) to Members or former Members by the Member receiving the
Water Supply Asset at reasonable rates and charges or payment to Cascade of the cost of
replacing the Water Supply Asset; and (e) such other conditions as the Board and the Member
agree upon.
Members shall not be deemed to hold legal ownership rights in any Water Supply
Assets owned by Cascade whether those Water Supply Assets have been developed by,
purchased by, or transferred to Cascade, and regardless of the accounting treatment of RCFC
payments and other payments made to Cascade.
Section 5.2 Supply Commitment
Section 5.2.1 Commitment to Members. Beginning on the Cascade Supply
Date, Cascade shall provide a Fully Supply Commitment to each Founding Member.
Thereafter, Cascade shall provide a Full Supply Commitment to meet all current and future
water supply needs of a Member that joins with Water Supply Assets sufficient to provide for
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its needs during the following fifteen (15) years (whether or not those Water Supply Assets
are transferred to Cascade or retained as Independent Supply) commencing on the Member's
Cascade Supply Date. When a supply contract is negotiated with Seattle, any Member that is
a Seattle Contract Purveyor shall relinquish its rights under its Seattle Water Purveyor
Contract to Cascade and execute such documents as may be necessary to transfer those rights
to Cascade. Cascade shall accept those rights and a corresponding obligation to provide a
Fully Supply Commitment (net of Independent Supply). The approval of a contract with the
City of Seattle providing for the initial acquisition of rights to substantial Water Supply
Assets, and any material amendment to that contract, shall be effective upon a 65% Dual
Majority Vote,
Any Full Supply Commitment shall be subject to water shortages, to Cascade's ability
to implement the Water Supply Plan, and to the portion of the Member's needs that can be
served by the audited capacity of its Independent Supply. If the needed supply is not
available, the shortage shall be shared by all the Members in accordance with Cascade's
shortage management plan, except as otherwise provided in Section 5.5. Cascade is not
obligated to provide water supply to service area expansions in or outside the urban growth
boundary, unless Cascade agrees to such expanded service area. However, Cascade shall be
obligated to provide water supply to the entire service area of each Member (as that service
area is defined in terms under which the Member was admitted), whether or not some of that
service area is within the Member's current jurisdictional boundaries and/or within the current
urban growth boundary. Cascade is not obligated to provide increased water supply to any
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Member if it is determined that the Member's planning process or plans are materially out of
compliance with the requirements of the Growth Management Act.
A Member that joins with Water Supply Assets insufficient to provide for its needs for
fifteen (15) years receives the Fully Supply it desires only if, when, and to the extent it is
available within reliability standards determined by Cascade's system reliability
methodology. If sufficient Full Supply is not available within reliability standards determined
by Cascade's system reliability methodology, the Member receives partial Full or
Interruptible Supply, and Full Supply must be provided within fifteen (15) years. Cascade
shall then undertake to include in Cascade's Water Supply Plan, and to acquire the facilities
or other assets necessary in the Board's determination to provide for that deficit. If Cascade
fails to develop sufficient assets to timely provide the increased Full Supply, the commitment
becomes a Full Supply Commitment at the end of that fifteen -(15) year period, and any
shortage shall be shared by all Members in accordance with Cascade's shortage management
plan.
If multiple Members request new Full Supply, requests must be honored in the order
received (i.e., in the order in which application is made accompanied by the application fee).
With respect to new Members, requests for Full Supply "vest" no earlier than the date that
membership is effective. In cases of conflict or ambiguity, the Board may determine the order
of requests.
Section 5.2.2 Additional Rules for Members Retaining Independent
Supply. Whenever Cascade has a Supply Commitment to a Member that retains Independent
Supply, Cascade shall provide Full Supply for all of that Member's water supply needs minus
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the amount of water that an audit determines may be provided by that Member's Independent
Supply. Members are not required to share shortages resulting from the loss or all or part of
Independent Supply, although Cascade may make Interruptible Supply available to a Member
that loses Independent Supply at prices that are consistent with the price of Interruptible
Supply being made available to others at that time. Cascade may at any time and at its cost
and expense carry out audits of a Member's Independent Supply.
A Member requesting an additional Full Supply Commitment due to loss of
Independent Supply shall make that request by Resolution of the requesting Member's
legislative authority. When and as determined by the Board, the Member shall pay an amount
equal to the RCFCs allocable to the number of CERUs that can be served by the replacement
supply provided or to be provided by Cascade. Cascade shall then include the supply in its
Water Supply Plan, and provide the supply when it becomes available, but in any event within
fifteen (15) years. If, within fifteen (15) years the supply is not available, Cascade's
commitment becomes a Full Supply Commitment and any shortage with respect to that supply
must be shared by all the Members in accordance with the Shortage Management Plan, except
as otherwise provided in Section 7.3.
Section 5.2.3 Additional Rules for Source Exchange. The Board may, at its
sole discretion, authorize a Cascade Source Exchange Program Agreement with a Member or
Non Member. The terms and conditions of a Cascade Source Exchange Program Agreement
shall be developed from a source exchange proposal submitted to the Board. The agreement
shall identify: (a) the water right (instantaneous and annual) to be augmented or replaced; (b)
the Water Supply Assets to be utilized; (c) mechanisms and arrangements for delivery of
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regional water; (d) characteristics of supply obligation (for example, peak and average
quantities, seasonal or annual delivery duration, interruptibility and shortage management);
(e) reporting requirements; (fl changes in operation needed to benefit stream flow and fish;
(g) rates and charges; and (h) such other conditions as the Board and the Member or public
water supplier agree upon. The agreement may or may not provide for adjustments to a
Member's RCFC payments or credits and whether or not the source exchange is a loss of a
Member's Independent Supply that would be subject to the provisions of Section 5.2.2.
Section 5.3 Financing of Assets. The acquisition of new capital facilities and
other Water Supply Assets may be financing using RCFCs, transfers or Water Supply Assets,
Rates and Charges, the issuance of revenue Bonds and such other sources as the Board may
deem appropriate.
Section 5.3.1 Issuance of Bonds. An Authorized Issuer may issue Bonds
payable from and secured solely by all or a portion of Net Cascade Revenue, evidencing
indebtedness up to an amount approved by Resolution for the Board in order to provide
financing or refinancing to acquire, construct, receive, own, manage, lease or sell real
property, personal property, intangible property and other Water Supply Assets, to establish
debt service reserves, to provide for capitalized interest and to pay the costs of issuance of,
and other costs related to the issuance of the Bonds. Such Bonds shall be payable solely from
all or a portion of the Net Cascade Revenue or (if the Authorized Issuer is other than Cascade)
from payments to be made by Cascade out of all or a portion of Net Cascade Revenue, and
such Bonds shall not pledge the full faith and credit or taxing power or, except as expressly
provided by contract, the revenue, assets or funds of any Member.
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Members serving as Authorized Issuers may conduct the financing through "separate
systems" permitted by their applicable bond resolutions, or in some other appropriate manner,
and Cascade may compensate those Members for all costs associated with the financing.
Bond related documents of Authorized Issuers other than Cascade must expressly permit the
Bonds to be refunded or prepaid without penalty prior to their stated maturity, on and after
such dates as are approved by the Authorized Issuer and the Board, to allow for a transfer of
the obligation to Cascade or to Cascade's successor entity, including without limitation a joint
operating agency or similar entity, as may be permitted by law.
Section 5.3.2 Pledge of Revenues. For as long as any Bonds payable from
Net Cascade Revenue (or any portion thereof) are outstanding, Cascade irrevocably pledges to
establish, maintain and collect all Member Charges in amounts sufficient to pay when due the
principal of and interest on the Bonds (and, if the Authorized Issuer is other than Cascade, in
addition to the foregoing pledge, to pledge to make timely payments to that Authorized Issuer
for the payment of principal of and interest on the Bonds), together with amounts sufficient to
satisfy all debt service reserve requirements, debt service coverage requirements, and other
covenants with respect to the Bonds.
Each Member hereby irrevocably covenants that it shall establish, maintain and collect
rates, fees or other charges for water and other services, facilities and commodities related to
the water supply it receives from Cascade and/or its water utility at levels adequate to provide
revenues sufficient to enable the Member to: (a) make the payment required to be made under
this Contract; and (b) pay or provide for payment of all other charges and obligations payable
from or constituting a charge or lien upon such revenues. Each Member hereby
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acknowledges that this covenant and its covenant in Section 7.9 of this Contract may be relied
upon by Bond owners, consistent with this Contract.
Each Member shall pay the Member Charges imposed on its whether or not the Water
Supply Assets to be financed through the issuance of Bonds are completed, operable or
operating, and notwithstanding the suspension, interruption interference, reduction or
curtailment in the operation of any Water Supply Assets for any reason whatsoever, in whole
or in part. Member Charges shall not be subject to any reduction, whether by offset or
otherwise, and shall not be conditioned upon the performance or nonperformance of any
Member, or of any entity under this or any other agreement or instrument. However, credits
against future RCFCs and Rates and Charges described in Sections 5.5 and 7.5, respectively,
for development or addition of excess capacity that is either transferred to Cascade or retained
as Independent Supply, shall not be considered "offsets" or "reductions" for the purposes of
this Section.
If, in connection with the issuance of obligations, any Member establishes a new lien
position on revenues relating to its water utility, that Member shall covenant in the relevant
documents that the amounts to be paid to Cascade as Member Charges shall be treated either:
(a) as part of that Member's internal operation and maintenance costs payable prior to debt
service on those obligations; and/or (b) for any portion of those Member Charges that is
allocable to capital costs, as a contract resource obligation payable prior to debt service on
those obligations. If any Member has existing outstanding revenue obligations relating to its
water utility, it shall include substantially similar "springing covenants" in the documents
relating to any new parity obligations.
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Section 5.3.3 Continuing Disclosure. To meet the requirements of United
States Securities and Exchange Commission "SEC Rule 15c2- 12(b)(5) (the "Rule as
applicable to a participating underwriter for any Bonds and any obligation of each Member as
an "Obligated Person" under the Rule, Cascade and each Member agree to make an
appropriate written undertaking, respectively, for the benefit of holders of the Bonds
consistent with the requirements of the Rule.
Section 5.3.4 Preservation of Tax Exemption for Interest on the Bonds.
Each Member covenants that it will take all actions necessary to prevent interest on tax-
exempt Bonds from being included in gross income for federal income tax purposes, and it
will neither take any action nor make or permit any use of proceeds of tax exempt Bonds or
other funds treated as proceeds of those Bonds at any time during the term of those Bonds that
will cause interest on those Bonds to be included in gross income for federal income tax
purposes.
Section 53.5 Additional Certificates. Each Member further agrees to
provide such certificates or verifications as are reasonably requested by an Authorized Issuer
in connection with the issuance of Bonds under this Section.
Section 5.4 Supply Expansions and System Extensions. Cascade must provide
for Supply System expansions and extensions to meet the needs of additional water customers
of Members, subject to consistency with applicable growth management plans and
comprehensive plans, Cascade's water supply plan, orderly asset development, reasonable
cost and financing capacity. The Board shall establish a water supply development process,
including criteria governing the evaluation of new projects, and that process must promote
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equality of costs and services (other than direct local services), regardless of geographic
location. The results of the water supply planning process must be reflected in Cascade's
Water Supply Plan. The Board shall have the authority to undertake new projects identified
in Cascade's Water Supply Plan for the expansion of Water Supply Assets and regional
transmission system extensions to meet Members' projected needs. To reduce costs, Cascade
may, to the extent that the Board deems advisable, enter into agreements with Members to
wheel water through their existing systems. When facilities are constructed that are used
partially by Cascade for wheeling water and partially by Members or other entities for their
purposes, the Board may determine an appropriate Cascade contribution to the cost of those
facilities. Existing arrangements among Members (and between Members and Non
Members), in place when a Member joins Cascade, remain unaffected except as otherwise
agreed between Cascade and the other entities concerned.
Section 5.5 Regional Capital Facilities Charges. To allocate growth costs to
those Members that require capacity increases, each Member shall pay to Cascade an RCFC
for each new CERU connected to its water distribution system. Growth in water usage by
existing CERUs is not subject to RCFCs unless that growth constitutes as CERU increase as
provided in the RCFC Methodology. Members with a supply deficit must pay an RCFC
commensurate with that deficit. To the extent that a Member transfers to Cascade or retains
as Independent Supply water supply in excess of its needs, it receives a corresponding credit
against future RCRCs.
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Subject to the provisions of Section 5.2.2, a Founding Member pays no RCFCs with
respect to the number of CERUs served as of January 31, 2003, or other such later date as
determined by Resolution of the Board.
A new Member with adequate supply shall commence paying RCFCs fifteen (15)
years prior to the date that its Water Supply Assets are projected to be insufficient to provide
for its needs as determined by the Board (taking into consideration the results of the Water
Supply Audit).
A Member that joins with Water Supply Assets that are projected to be insufficient to
provide for its needs for fifteen (15) years shall immediately pay RCFCs for the number of
CERUs representing the deficit as determined by the Board.
RCFCs shall be calculated according to the RCFC Methodology, which shall define
the analytical steps required to calculate the RCFCs according to the greater o£ (a) the
incremental difference between the average unit cost of expanding the system (i.e., the
marginal cost of new capacity) and the average unit cost of the existing system; or (b) the
average unit cost of past construction of the existing system plus then- planned Supply System
improvements. The methodology shall provide for an annual escalator, recalculation and
update not less frequently than every fifth year, and a methodology for determining CERUs.
The RCFCs shall be imposed on the Member for each new CERU of that Member in
accordance with the terms of this Contract. Amendments to the RCFC Methodology shall
require a 65% Dual Majority Vote.
If a Founding Member owns Water Supply Assets or transfers Water Supply Assets to
Cascade under Section 5. 1, to the extent the audited capacity of those assets (including Seattle
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Contract Purveyor rights) exceeds the Member's needs, that Member shall receive a credit
against future RCFCs. If a Member seeks to transfer assets substantially in excess of its
foreseeable needs, Cascade may negotiate appropriate compensation arrangements for the
transfer.
Members that develop new Independent Supply that is approved by the Board in
accordance with Article 6, similarly receive a credit effective when the Independent Supply is
placed in service as determined by the Board.
A Member that accepts ownership of a Satellite System that Cascade agrees to serve
shall pay an RCFC for the amount of supply needed to serve that system in excess of its rated
capacity.
Members that experience a net reduction in the number of CERUs served shall receive
a CERU- for -CERU credit against future RCFCs.
RCFC credits may not be transferred among Members without Board approval.
Members shall not be required to pass RCFCs to their customers as capital facilities
charges, but may provide for the payment of RCFCs in whatever manner. they deem
appropriate.
For Members joining with an unmet net supply need, Cascade may, under
circumstances determined by the Board, require the prepayment of RCFCs allocable to the
full amount of the requested supply, i.e., when funds are needed to begin the construction of
facilities immediately.
Section 5.6 Transfer Upon Mergers, Consolidations and Assumptions. If: (a)
two or more Members merge or consolidate; (b) a Member or a Non Member assumes
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jurisdiction of part or all of a Member; or (c) a Member assumes jurisdiction of part or all of a
Non Member, the jurisdictions' water supply rights from and obligations to Cascade must be
transferred or assumed under applicable law and consistent with the requirements of this
Contract and the obligations of Cascade.
ARTICLE 6. New Independent Supply
Members may not bring new Water Supply Assets on -line as Independent Supply
without Board approval. That approval may be granted or denied following an evaluation
process, based on whether the Board determines that development of the proposed
Independent Supply will benefit or be adverse to the interests of the Members as a whole.
Recognizing that in certain circumstances the acquisition of additional Independent Supply
might benefit (or cause no material harm to) the Members, new supplies under one (1) MGD
may be approved by the Board regardless of the provisions of the Water Supply Plan and
without a formal evaluation process. New supplies in amounts greater than one (1) MGD
must be described in and be consistent with the Water Supply Plan.
Members that have invested in the development of new Independent Supply assets
may offer to sell their interest in such assets to Cascade. Cascade may, in its sole discretion
and subject to mutually agreeable terms and conditions, purchase the Member's interest in
such Independent Supply asset by reimbursing or otherwise compensating the Member for its
investment in the project to the extent that investment has been capitalized. Once Cascade
has purchased a Member's interest in a project, the project will be considered a Water Supply
Asset of Cascade and be incorporated into the Water Supply Plan.
ARTICLE 7. Asset Management
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Section 7.1 Supply System Management. Cascade is responsible for managing,
on behalf of all Members, the Supply System. Cascade is not responsible for managing
Independent Supply unless it has expressly agreed to do so. Supply System management
responsibilities shall be governed by Cascade's system management plan adopted by the
Board. Cascade's system management plan concerns, without limitation, matters such as
daily system operations and maintenance, interface with other supply providers, contractual
obligations, water quality, billing, management and administration. Cascade may delegate
and/or contract out its Supply System responsibilities.
Cascade must manage the Supply System in compliance with applicable laws,
regulations and Cascade's minimum service standards. Adoption and amendments to the
minimum service standards shall require a 65% Dual Majority Vote.
Section 7.2 Conservation. Cascade shall develop and carry out, and Members
must participate in, water conservation programs that are uniform among Members. The
Board shall develop and implement a Cascade conservation management plan that provides a
mandatory base conservation program that functions to reduce both average and peak
demands and may establish a charge or assessment to fund development and implementation
of the program. Members may implement additional conservation programs. The Board may
adopt wholesale charges in addition to normal Demand Share charges to encourage resource
conservation. The Board may also provide or contribute to additional local conservation
programs that are not offered to all Members, and these local programs may be locally funded
or funded by Cascade. Members that fail to comply with base programs as set forth in
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Cascade's conservation management plan may be required to assume a disproportionate
reduction in water supply or to pay penalty charges, or both.
Section 7.3 Shortages and Emergency.
Section 7.3.1 Shortages. Members must respond to water shortages in a
collective, shared fashion under a Cascade shortage management plan adopted by the Board.
Resources must be shared in a manner that reduces the risk of severe shortages to each
Member. Cascade's shortage management plan may include without limitation, a definition
and classification of shortages, a shortage contingency plan including mandatory
programmatic actions among all Members in the event of shortages, allocation of authority for
determining and responding to shortages, and a communications and outreach program for the
public. Members shall not be required to implement Cascade's shortage management plan in
areas not served by the Supply System.
In the event of shortages, Cascade shall reduce or halt Interruptible Supply before
invoking the Shortage Management Plan with respect to all Members with a Full Supply
Commitment. However, the Board may, by 65% Dual Majority Vote, continue service in the
amounts it deems appropriate to one or more Members receiving Interruptible Supply.
The Board may require that Members failing to comply with mandatory shortage
management programs implemented under Cascade's shortage management plan assume a
disproportionate reduction in supply or pay penalty charges, or both.
In the event of a Cascade -wide water shortage, Members with Independent Supply
may, without penalty, decline to participate in the shortage management program for that
shortage by foregoing all supply from Cascade for the duration of the emergency or shortage.
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To avoid shortages resulting from emergencies or the inability to develop sufficient
supplies, the Board may, by 65% Dual Majority Vote, establish moratoria on connections or
additional commitments for future water services by the Members. A moratorium may be
discontinued by a Dual Majority Vote of the Board.
Section 7.3.2. Emergency. The Board shall include in Cascade's shortage
management plan policies and procedures for addressing short-term disruptions of water
supply, transmission or water quality, and it may delegate to the General Manager authority to
address such disruptions according to such policies and procedures.
Section 7.4 Water Quality. Cascade shall be responsible for water quality that
meets or exceeds all federal or state requirements at the point of delivery from Cascade to the
Member, consistent with applicable laws and regulations. Cascade assumes source water
quality responsibility and liability with respect to Water Supply Assets under its ownership or
control (including water wheeled to a Member through another Member's facilities). Cascade
is also responsible for preparing and carrying out water quality activities compatible with the
water quality requirements of regional water suppliers integrated with Cascade's system (e.g.,
Tacoma, Everett and Seattle).
Cascade may, in its sole discretion, determine and adjust the appropriate method and
level of treatment of water that it supplies, so long as that water meets applicable state and
federal requirements. If water that it supplies meets those requirements, Cascade shall not be
obligated to adjust the method or level of treatment so that the water can be more readily
blended with a Member's Independent Supply or more readily transmitted through a
Member's internal system. Each Member shall remain responsible for water quality within its
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respective distribution system, assuming that adequate water supply quality is provided by
Cascade at the point of delivery from Cascade.
Each Member shall be responsible for all costs related to making water supplied by
Cascade compatible with that Member's internal system, including but not limited to, costs of
additional treatment.
Section 7.5 Water Supply Rates and Charges. The Board shall set Rates and
Charges according to a Rate Calculation Methodology adopted from time to time by the
Board. The Rate Calculation Methodology for Members' Supply Commitment shall provide
for the definition and calculation of Demand Shares and for a uniform pricing structure with a
commodity charge and fixed charges allocated by Demand Share.
Cascade may sell water to a Non Member under terms and conditions established by
the Board. The terms and conditions shall not be more favorable than the terms and
conditions under which water is sold to Members. Revenue received from the sale of water to
Non Members shall be used to offset or reduce Rates and Charges to Members to the extent
practicable, except that such revenue need not be treated as reducing or offsetting those
amounts that are necessary for the payment of debt service on Bonds and for the provision of
reserve and coverage requirements for the Bonds.
A Member shall be assigned a Demand Share based on the Board's best estimate of
capacity to be used by that Member. Initially, the Board may base its estimate on a Seattle
Contract Purveyor's use of water from Seattle. For a Member that joins without a supply
history as a Seattle Contract Purveyor, or for a Member that has received only part of its water
from Seattle, the Demand Share shall be established based on an audit of that Member's past
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339
three (3) years of water use. After three (3) years as a Member, the baseline demand and
capacity obligation for that Member shall be fixed based on actual experience as a Member.
Specific Demand Shares may be set by the Board to account for circumstances, such as (by
way of example and not by limitation) costs of extending the Supply System to a Member, or
when Independent Supplies affect regional demand patterns. When water supply from
Cascade is wheeled through a Member to another Member, Cascade may presume that the
first Member receiving the water is the "User" for calculation of Demand Shares unless the
Members concerned instruct Cascade to use a different allocation. Rate credits for Water
Supply Asset transfers are not deducted in the calculation of Demand Shares but are applied
to reduce what a Member would otherwise pay.
The Board must set Member Charges at levels it determines to be sufficient, together
with other available revenue sources, to provide adequately for Operation and Maintenance
Costs, Bond debt service, coverage and other covenants, replacement and renewal of
facilities, reserves and other costs that the Board deems appropriate. The Board may provide
that a Member's failure to participate in the planning process may result in penalty charges.
A Member that has transferred Water Supply Assets shall receive a credit, determined
when those assets are audited and transferred, based on the useful life of those facilities and
on the Member's use of the water produced by those assets or an amount of water equivalent
to the amount of supply from them.
The Board may implement wholesale charges (additional to Demand Share -based
charges and variable commodity charges) to reduce extreme peak use (e.g., "peaking -off of
the pipe
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Water Rates and Charges must be the same for all Members receiving the same class
of service (subject to credits, surcharges and penalty charges).
Section 7.6 New Water Surcharge.
A new water surcharge of $0.75 per 100 cubic feet (ccf) shall be imposed, effective on
the Cascade Supply Date, and continue through December 31, 2011. It shall be applicable to
all water purchased by Members over and above each Member's Old Water Allowance in the
Seattle Purveyor Contract, if applicable, or to all water purchased by non Seattle Purveyor
Members. New water surcharge revenues shall be used to offset or reduce Rates and Charges
to Members to the extent practicable, except that such revenue need not be treated as reducing
or offsetting those amounts that are necessary for payment of debt service on Bonds and for
the provision of reserve and coverage requirements for the Bonds.
Section 7.7 Franchises and Easements. Except to the extent otherwise required
by state law, each Member shall provide franchises and rights of way on, under or across that
Member's streets or other property, to Cascade and to other Members for Water Supply
Assets, without charging any fees, rent or charges other than the customary and usual right -of-
way permit and inspection fees.
Section 7.8 Sales of Water to Non Members. Unless approved by the Board, a
Member shall not sell water, including source exchange water, supplied by Cascade, nor shall
a Member sell Independent Supply offset by water supplied by Cascade to a Non Member.
Notwithstanding the foregoing, any Member may sell water supplied by Cascade to a Non
Member to the extent required by a contract in effect as of the date the Member joins
Cascade.
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341
Section 7.9 Payment Procedures; Default; Step -Up Provisions.
Section 7.9.1 Invoice and Payment.
(a) Cascade shall provide each Member with periodic invoices showing the
Member Charges payable by that Member for the billing period and the due date. Invoices
shall be provided monthly or on other such periodic schedule as determined by the Board, but
no more frequently than monthly nor less frequently than once every six months. The Board
will determine a due date for all invoices.
(b) Payment of any and all invoices shall be due and payable on or before the due
date, and shall be made by wire transfer or such other means as are agreed to by Cascade and
the Member. If a treasurer, trustee, fiscal agent or escrow agent is appointed in connection
with the issuance of Bonds, Cascade may require, and specify on the invoice, that certain
amounts be provided directly to that person or entity, and the Member shall pay those
amounts in the manner and to the person so specified.
(c) If full payment of any invoice is not received on or before the due date, such
payment shall be considered past due and a late payment charge shall accrue for each day that
the invoice remains unpaid. The late payment charge shall equal the product of the unpaid
amount and an interest rate established by the Board. Late payment charges shall continue to
accumulate until the unpaid amount of the invoice and all late payment charges are paid in
full. Further, if an invoice or any portion thereof remains unpaid for more than sixty (60)
days after the due date, Cascade may pursue any legally available remedy at law or equity for
the unpaid amount, including without limitation, specific performance and collection of the
late payment charge. Cascade's right to enforce payments in this regard may be assigned to a
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treasurer, trustee, credit enhancement provider or other entity. Furthermore, upon written
notice, Cascade may reduce or suspend delivery of water until the invoice and late payment
charges are paid.
(d) If any Member disputes all or any portion of an invoice, it shall notify Cascade
immediately upon receipt. If Cascade does not concur, the Member shall remit payment of
the invoice in full, accompanied by written notice to Cascade indicating the portions of the
invoice that the Member disputes and the reasons for the dispute. The Member and Cascade
shall make a good faith effort to resolve such dispute. If the Member fails to remit payment
of the invoice in full pending resolution of the dispute, the prevailing party in an action
relating to the collection of that invoice shall be entitled to reasonable attorney fees and costs.
Section 7.9.2 Default and Step -Up.
(a) If any Member fails to make any payment in full for more than fifty (50) days
past the due date, Cascade shall make written demand upon that Member to make payment in
full within ten (10) days of the date that the written demand is sent by Cascade. If the failure
to pay is not cured within the ten (10) day period, the Member shall be deemed to be in
default.
(b) Upon an event of default as described in subsection 7.9.2(a), the other
Members shall pay Cascade (in addition to Member Charges otherwise due) the defaulting
Member's Member Charges in proportion to each remaining Members' Demand Share in
accordance with a schedule established by Resolution of the Board.
(c) The payment of a proportionate share of the existing defaulted Member's
Member Charges by Members shall not relieve the defaulting Member of its liability for those
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October 26, 2011
343
payments. Cascade shall have a right of recovery from the defaulting Member on behalf of
each Member. Cascade may commence such suits, actions or proceedings at law or in equity,
including but not limited to suits for specific performance, as may be necessary or appropriate
to enforce the obligations of this Contract against any defaulting Member. Cascade's right to
enforce payments in this regard may be assigned to a treasurer, trustee, credit enhancement
provider or other entity. Amounts recovered by Cascade as payment of amounts due shall be
passed through to each Member in proportion to the share that each assumed, in cash or in
credit against future Member Charges as the Board shall determine.
(d) The prevailing parry in any such suit, action or proceeding, shall be entitled to
recover its reasonable attorney fees and costs against the defaulting Member.
ARTICLE 8. Planning
Section 8.1 Water Supply Plan. Cascade must plan for its Members' water supply
needs. That planning shall be to be compatible with the equivalent planning responsibilities
of other wholesale water providers and with state, county and city planning responsibilities
under the Growth Management Act. The Board must adopt, and may from time to time
amend, a Water Supply Plan that must be based on no less than a twenty- (20) year planning
horizon. Cascade shall coordinate its planning effort with local and regional utilities and
other appropriate agencies and work to encourage cooperative region -wide planning and
coordination.
Each Member shall actively participate in Cascade's water supply planning and shall
provide to Cascade accurate data regarding its facilities and operations together with good-
faith estimates of future needs and a description of any involvement in the development of
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new Independent Supplies. Each Member's water comprehensive or system plan shall be
consistent with any plans adopted by Cascade, and shall be consistent with applicable
requirements of the Growth Management Act and comprehensive plans.
Section 8.2 Watershed Management Plan. Cascade may adopt Watershed
Management Plans, as appropriate, for the watersheds within its service area provided that a
Watershed Management Plan may take the place of, or may be incorporated into a Cascade
Water Supply Plan. In fulfilling its responsibilities for watershed management, Cascade may
enter into interlocal agreements with Non Member municipalities to engage in watershed
management, including development of Watershed Management Plans and the
implementation and financing of such plans.
Section 8.3 System Reliability Methodology. Cascade shall develop and adopt a
system reliability methodology for planning, operation and management purposes. Adoption
and amendments to the system reliability methodology shall require a 65% Dual Majority
Vote.
ARTICLE 9. Filings
This Contract must be filed with the King County Office of Records and Elections or
with any other applicable county auditor, in accordance with RCW 39.34.040, and must be
submitted for review by the Washington State Department of Health and the Washington
State Department of Ecology, in accordance with RCW 39.34.050.
ARTICLE 10. Duration and Dissolution; Withdrawal
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345
Section 10.1 Duration. Except as provided in Section 10.3, Cascade shall remain in
existence for the longer of the following: (a) the period it holds any assets; (b) the period
during which Bonds are outstanding; or (e) the period it continues to include Members.
Section 10.2 Withdrawals. A Member may notify Cascade of its intent to withdraw
by delivery to Cascade of a Resolution of its legislative authority expressing such intent.
Upon receipt of such Resolution, the Member shall lose its right to vote and the Board shall
determine (a) the withdrawing Member's allocable share of the cost of the then existing
obligations of Cascade; and (b) the withdrawing Member's obligations to Cascade. "Then
existing obligations of Cascade" means obligations or costs incurred by Cascade as of the date
the Member's withdrawal notice is received, including but not limited to Bond obligations,
contract obligations and cash financed capital projects; provided that a withdrawing
Member's allocable share shall in no event include an obligation for future expenses for
which Cascade has not incurred a legal obligation; and provided further, that to the extent the
Member's obligation (with respect to such costs) is re -paid over time, the Member shall be
entitled to a credit for supply abandoned by the Member and is otherwise used by Cascade. A
"withdrawing Member's obligation to Cascade" includes but is not limited to, the Member's
share of fixed operating costs, any other expenses contained in Cascade's adopted budget for
that year, and any assessments or other similar charges lawfully imposed by Cascade. For
purposes of the preceding sentence, "fixed operating costs" shall be determined in the year of
withdrawal, and the Member's obligation with respect to such costs shall be limited only to
that amount required to pay for supply abandoned by the Member and not otherwise used by
Cascade.
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The allocable share of cost or obligations shall be determined by the Board, taking into
consideration as deemed applicable by the Board: (a) the ratio of the Member's Demand
Share to total Member demand; (b) the ratio of the Member's contribution to Cascade revenue
to total Cascade revenue including RCRCs; (e) the cost or a portion of the cost of capital
projects or facilities specially benefiting the Member; and (d) and any other factor the Board
deems appropriate to consider. The Member's withdrawal shall be effective on payment of
such allocable share or provision for arrangements to pay such allocable share that are
satisfactory to the Board. Until the effective date of withdrawal, the Member shall continue to
comply with all applicable provisions of this Interlocal Contract.
Upon withdrawal, except as provided in an Asset Transfer Agreement, the
withdrawing Member shall have no right to, or interest in any Water Supply Assets owned by
Cascade. The withdrawing Member shall be deemed to have abandoned any and all rights to
service, to the use of Cascade Water Supply Assets or other rights with respect to Cascade
(except as otherwise expressly provided in this Contract).
Notwithstanding the provisions of this Section 10.2, Cascade will, upon the
withdrawal of a Member that has transferred operational control and management of (but not
title to) an Independent Supply Asset to Cascade under Section 5. 1, return operational control
of such asset to the withdrawing Member. Return of operational control and management will
be subject to: (a) continued use by Cascade, to the extent and for such time as the Board
deems such use necessary for Cascade to continue providing service to its Members; and (b)
payment or provision for payment of any Cascade costs, including but not limited, to those
associated with the withdrawing Member's Independent Supply Asset.
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The Board may establish additional generally applicable conditions and requirements
for withdrawal.
Section 10.3 Dissolution. Cascade may be dissolved by a 65% Dual Majority Vote.
Upon dissolution, except as provided in an Asset Transfer Agreement, Cascade's assets
initially shall be held by its then current Members as tenants in common. Each Member's
ownership interest must be based on that Member's Demand Share as of the time of the
dissolution. Cascade's liabilities (including Bonds and other contractual obligations) initially
shall be distributed based on Members Demand Shares as of the time of the dissolution.
Assets and liabilities must be distributed in accordance with agreement or contract, under a
voluntary mediation process, or by a court of law. A court may appoint an arbitrator or
special master. Distribution shall be based on the best interests of efficient and economic
water supply in the entire area served by the Members, subject to a rebuttable presumption
that Water Supply Assets will be returned to the Member that originally transferred them to
Cascade. That presumption may be overcome by a showing that another asset distribution is
in the best interests of efficient and economic water supply. The proceeds of any sale of
assets must be distributed among the then current Members based on the Demand Shares at
the time of dissolution.
Section 10.4 Successor Entity. Notwithstanding the provisions of Section 10.3,
upon a 65% Dual Majority Vote (ratified within one hundred and twenty (120) days by 65
as measured by Dual Majority Vote of the Members' legislative authorities, all assets,
liabilities, and obligations of Cascade may be transferred to any successor entity (including
without limitation, a joint operating agency or other municipal corporation, as permitted under
Cascade Interlocal Contract -40-
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October 26, 2011
iI
state law), and all obligations of Members and parties contracting with Cascade become
obligations to the successor entity.
ARTICLE 11. Amendments.
Amendments to this Contract shall be effective upon approval by 65% Dual Majority
Vote (ratified within one hundred and twenty (120) days by 65 as measured by Dual
Majority Vote of the Members' legislative authorities.
ARTICLE 12. Applicable Law and Venue.
This Contract is governed by the laws of the state of Washington. The venue for any
legal action arising from a dispute under this Contract is the Superior Court for King County.
ARTICLE 13. No Third Party Beneficiaries.
There are no third -party beneficiaries to this Contract except for the rights of Bond
owners as provided in Section 5.3.2, no person or entity other than an agency signatory to this
Contract shall have any rights hereunder or any authority to enforce its provisions, and any
such rights or enforcement must be consistent with and subject to the terms of this Contract.
ARTICLE 14. Severability.
If any provision of this Contract or its application is held by a court of competent
jurisdiction to be illegal, invalid, or void, the validity of the remaining provisions of this
Contract or its application to other entities or circumstances shall not be affected. The
remaining provisions continue in full force and effect, and the parties' rights and obligations
must be construed and enforced as if the Contract did not contain the particular invalid
provision. But if the invalid provision or its application is found by a court of competent
jurisdiction to be substantive and to render performance of the remaining provisions
Cascade Interlocal Contract -41-
Amended and Restated
October 26, 2011
i!
unworkable and infeasible, is found to seriously affect the consideration, and is inseparably
connected to the remainder of the contract, the entire Contract is deemed void.
ARTICLE 15. Entire Agreement.
This Contract constitutes the entire and exclusive agreement between the parties
relating to the specific matters covered in this Contract. All prior or contemporaneous verbal
or written agreements, understandings, representations or practices relative to the foregoing
are superseded, revoked and rendered ineffective for any purpose. This Contract may be
altered, amended or revoked only as set forth in Article 11. No verbal agreement or implied
covenant may be held to vary the terms of this Contract, any statute, law, or custom to the
contrary notwithstanding.
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October 26, 2011
350
Cascade Water Alliance
B 2
Title: Chair
Attest:
Title: Chief Executive Order
Authorized by: Resolution No. 2011 -17
Date:
Cascade interlocal Contract
Amended and Restated
October 26, 2011
October 26, 2011
Cascade Water Alliance
-43-
Date: /o /./W
Date: 1 1 0
351
ARTICLE 16. Execution.
This Contract may be executed in one or more counterparts.
Signatory Aeencv
By:
Title:
Attest:
Title:
Authorized by (Resolution or Ordinance):
Date:
City of Bellevue
Cascade Interlocal Contract -44-
Amended and Restated
October 26, 2011
Date:
Date:
352
ARTICLE 16. Execution.
This Contract may be executed in one or more counterparts.
Sienatory Aaencv
By:
Title:
Attest:
Title:
Authorized by (Resolution or Ordinance):
Date:
Covington Water District
Cascade Interlocal Contract
Amended and Restated
October 26, 2011
Date:
Date:
353
ARTICLE 16. Execution.
This Contract may be executed in one or more counterparts.
Sisnatory A2encv,
By:
Title:
Attest:
Title:
Authorized by (Resolution or Ordinance):
Date:
City of Issaquah
Cascade Interlocal Contract
Amended and Restated
October 26, 2011
Date:
Date:
354
ARTICLE 16. Execution.
This Contract may be executed in one or more counterparts.
Signatory Agencv
By:
Title:
Attest:
Title:
Authorized by (Resolution or Ordinance):
Date:
City of Kirkland
Cascade Interlocal Contract
Amended and Restated
October 26, 2011
Date:
Date:
355
ARTICLE 16. Execution.
This Contract may be executed in one or more counterparts.
Sisnatory Aeenev
By:
Title:
Attest:
Title:
Authorized by (Resolution or ordinance):
Date:
City of Redmond
Cascade Interlocal Contract
Amended and Restated
October 26, 2011
Date:
Date:
356
ARTICLE 16. Execution.
This Contract may be executed in one or more counterparts.
Ski natory A encv
Title: Date:
Attest:
Title: Date:
Authorized by (Resolution or Ordinance):
Date:
Sammamish Plateau Water Sewer District
Cascade Interlooal Contract
Amended and Restated
October 26, 2011
357
ARTICLE 16. Execution.
This Contract may be executed in one or more counterparts.
Signatory Agency
By:
Title:
Attest:
Title:
Authorized by (Resolution or ordinance):
Date:
Skyway W &S District
Cascade Interlocal Contract
Amended and Restated
October 26, 2011
Date:
Date:
ARTICLE 16. Execution.
This Contract may be executed in one or more counterparts.
SignatorvAgencX
By:
Title:
Attest:
Title:
Authorized by (Resolution or Oidinance):
Date:
City of Tukwila
Cascade lnterlocal Contract
Amended and Restated
October 26, 2011
Date:
Date:
359
.f
UTILITIES COMMITTEE Meeting Minutes
November 15, 2011— 5: 00 p.m. Conference Room 1
Citv of Tukwila
Utilities Committee
PRESENT
Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kathy Hougardy
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, Ryan Larson, Mike Cusick,
David Cline, Gail Labanara and Kimberly Matej
CALL TO ORDER: The meeting was called to order at 5:02p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Consultant Selection and Agreement: 2012 Annual Small Drainage Program,
Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of $64,945.76
for design services for the City's 2012 Annual Small Drainage Program.
KPG was chosen from the City's consultant roster (Municipal Research and Services Center Rosters), and
has designed the Annual Small Drainage Program since 1991. Staff commented that construction of two
2011 Small Drainage projects were delayed, and the construction of these 2011 projects will be combined
with construction of the 2012 projects.
The five projects listed below have been identified for construction in 2012 through maintenance and citizen
concerns:
Gilliam Creek Southcenter Boulevard Street crossing
Pipe repairs near the intersection of South 128`" Street and 37` Avenue South
Tukwila Parkway Outfall Pipe
Ryan Hill Pipe repairs
Fort Dent Outfall improvements
Through this design services agreement, KPG, Inc. will be able to tell the City the most cost effective way
to approach and construct these projects. UNANIMOUS APPROVAL.FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
B. Interlocal Contract Amendment: Cascade Water Alliance
Staff is seeking Council approval to amend the current interlocal agreement with Cascade Water Alliance
(CWA) which changes the calculation of administrative dues /costs from $1,000,000 or 5% of CWA's
annual revenue requirement to 9 It also allows this limit to be amended by a 65% dual majority vote of
the CWA Board. A dual majority requires a majority of votes according to two separate criteria in this
case it refers to a vote of the members and a vote based on demand shares.
As mentioned above, this amendment essentially reallocates member costs based on demand shares.
Tukwila will see an increase of approximately $60,000 in annual administrative costs which is a pass
through directly onto the ratepayers. The Committee requested that staff include the original administrative
costs along with the new costs in the memo that goes to full Council. They also requested additional
information from CWA that would explain the implications of the amendment in greater detail.
It was suggested that the Committee consider reviewing CWA Board minutes when information and /or
decisions pertain to Tukwila. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW
FOR DISCUSSION.
361
362
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date I Prepared by Mayors review C n 'l review
11/28/11 B
12/05/11 B i 4.K.
ITEM INFORMATION
CAS NUMBER: I STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 11/28/11
AGENDA I rEI\4 TITLE Purchase Street Department's Thermoplastic Striper
CATI3GORY Discussion Motion Resolution Ordinance BidAward Public Hearing ❑Other
Mtg Date 11/28/11 Mtg Date 12/05/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD .Finance Fire IT P &R Police PW
SPONSOR'S This purchase will replace a roadway paint striper with a thermoplastic striper. The 501
SUMMARY Fund has a current budget of $80,000.00 for a paint striper, but the thermoplastic striper
will cost $92,896.52. For the budget shortfall of $12,896.52, we are proposing to use
$4,840.00 from the Street department's 501 depreciation balance and the remaining
$8,056.52 from the Street's roadside budget, 000.16.542.700.31.00. Council is being asked
to approve the purchase in the amount of $92,896.52.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR/ADI\4IN. Public Works
CoMMrI`rl r_. Unanimous Approval; Forward to Committee of the Whole.
COST IMPACT FUND SOURCE
EXPENDI "PURE R-QUIRI -D AMOUNT BUDGETED APPROPRIATION REQUIRED
$92,896.52 $80,000.00 $12,896.52
Fund Source: 501. EQUIPMENT RENTAL (FLEET) AND 000.16. STREETS
Comments:
IMTG.DATEI RECORD OF COUNCIL ACTION
11/28/11
12/05/11
MTG. DATE I ATTACHMENTS
11/28/11 Informational Memorandum dated 11/18/11
Page 299, 2011 -2012 Biennial Budget
Thermoplastic Striper Brochure
Minutes from the Transportation Committee meetings of 11/21/11
12/05/11
363
364
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: November 18, 2011
SUBJECT: 2011 501 Fund Equipment Rental Budqet
Purchase of a Thermoplastic Striper
ISSUE
Purchase pavement marking equipment listed in the 2011 Budget.
BACKGROUND
The existing paint striper was purchased in 2000 and total depreciation was achieved in
2010. A new unit was budgeted in 2010; however, all equipment purchases were put on
hold due to the economic downturn. The budget funds were then included in the 2011
Budget as a carryover, Line 18 on page 299 for $80,000.00.
ANALYSIS
As paint usually begins to fade within 6 -12 months after application, we are proposing to
purchase a thermoplastic striper. Using Thermoply instead of paint will increase efficiency of
operations significantly by increasing the life expectancy of the pavement markings. The
Thermoply application normally lasts several years.
Alpine Products of Auburn was the low bidder for King County's system and the City of
Tukwila can piggy back on their bid for the same system. The Thermoply system includes a
trailer, melter, and an applicator.
BUDGET SUMMARY
The purchase price for a new thermoplastic striper is $92,896.52 and with the $80,000.00
budgeted; a balance of $12,896.52 is still needed. We are proposing to use $4,840.00
liquidated from the 501 fund from a Street Department's Line Locator that has been
completely depreciated and will not be replaced. The remaining funding difference of
$8,056.52 can be funded from the Streets Department's roadside budget line
000.16.542.700.31.00.
RECOMMENDATION
Approve purchase in the amount of $92,89.6.52 per King County bid for a Thermoplastic
Striper from Alpine Products and consider this item at the November 28, 2011 Committee of
the Whole meeting and subsequent December 5, 2011 Regular meeting.
Attachments Page 299, 2011 -2012 Biennial Budget
Photo of Thermoply application
Thermoplastic Striper Brochure
W: \Shared Copy Only \Gail \Info Memo Thermo Pavement Markings 11- 18- 11.doc
365
366
2011 -2012 Biennial Budget
City of Tukwila, Washington
TOTAL CARRYOVERS 151,100 1
GRAND TOTALS 943,100 1
Page 299
367
NEW REPLACEMENT PURCHASES IN 2011 -2012
EST.
PURCHASE REPLACEMENT
DESCRIPTION
UNIT
COST
YEAR
YEAR
UNIT
POLICE:
1
Patrol Car
1117
53,000
2011
2014
Patrol Car
2
Patrol Car
1716
53,0001
2011
2014
Patrol Car
3
Patrol Car
1718
53,0001
2011
2014
Patrol Car
4
Patrol Car
1719
53,000
2011
2015
Patrol Car
5
Patrol Car
1720
53,000
2011
2015
Patrol Car
6
Patrol Car
1721
53,000
2011
2015
Patrol Car
7
Patrol Car
1127
53,0001
2011
2015
Patrol Car
8
Patrol Car, K -9
1 1722
57,0001
2011
2015
Patrol Car, K -9
9
Patrol Car, K -9
1 1728
57,0001
2011 1
2015
Patrol Car, K -9
10
Detective Admin Sedan
1145
25,0001
2012 I
2019
Detective Admin Sedan
11
Detective Admin Sedan
1157
25,000
2012 1
2019
Detective Admin Sedan
12
Major Crimes ER Adm Sedan
1122
27,000
2012
2019
Mjr Crms ER Adm Sedan
13
Major Crimes ER Admin Sedan
1163
27,000
2012
2019
Mjr Crms ER Adm Sedan
FIRE:
14
Command Car, BC
1281
85,000
2012
2019
Command Car, BC*
*Note: Per TMC 3.80, FD must fund cost above 10% variance (estimated
to be approx. $41,200)
STREET:
15
Lift Truck (Manlift)
1278
90,0001
2012
2022
Lift Truck (Manhft)
PARKS:
16
1 /2 -Ton Pickup
1205
28,000
2012
2019
3 /4 -Ton Pickup
TOTAL BUDGETED PURCHASESI
792,000 1
I
BUDGETED CARRYOVERS
I
17
Utility vehicle w/ Spray Tank
1 1653
$63,600
2011
2021
Utlty veh w/ Spray Tank
18
Paint Striper
1 1445
80,0001
2011
2021
Paint Striper
19
Arrowboard
1427
7,5001
2011
2018
Arrowboard
20
TBD
TOTAL CARRYOVERS 151,100 1
GRAND TOTALS 943,100 1
Page 299
367
Equip. Index
Page 1 of I
CH220m
BASIC SPECIFICATIONS
220 lb. Material Tank:
Removable /Interchangeable
75.000 BTU Heating System:
Highest in the industry.
All Steel Extrusion Dies:
Heat treated Steel, no drip, clean cut on/off operation.
Improved pusl-/pull mechanism eliminates die springs.
Variable Width Glass Bead System:
4 6 8 12" and dual 4" lines with the turn of a dial.
Hand Torch:
Standard equipment for numerous requirements.
Lockable Rear Caster:
Straight track locked position or 360 degree swivel.
Size:
Weight: 240 Ibs. (I 10 kgs.)
Length: 48 in. (1205 mm)
Width: 30 in. (760 mm)
Height: 39 in. (980 mm)
http:// www. trantexinc .com/equip /egpindx.htm 11/9/2011
368
"lick here for a detailed specification
City o f Tukwila
Transportation Committee
TRANSPORTATION COMMITTEE Meeting Minutes
November 21, 2011— 4:00 p.m. Conference Room I `NOTE: Special Start Time
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffie and Verna Seal
Staff: Bob Giberson, Robin Tischmack, Stan Anderson, Jack Pace, Nora Gierloff, David Cline,
Gail Labanara and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: The meeting was called to order at 4:04 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Purchase: Thermoplastic Striver
Staff is seeking Council approval to purchase a thermoplastic striper from Alpine Products of Auburn in the
amount of $92,896.52. Alpine Products was the low bidder for King County, and the City of Tukwila can
add to the King County bid for the same striper system.
The thermoplastic striper will replace a paint striper, and is expected to significantly increase the life
expectancy of pavement markings. The striper includes a trailer, meltor and applicator. $80,000 is budgeted
for this purchase in the 501 Fund Equipment Rental Budget as a carry -over from 2010. The additional
$12,896.52 needed for the striper will come from monies set aside for a Line Locator ($4,840.00), which
will not be replaced, and the Street Department's roadside budget ($8,056.52). UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
B. Purchase: 250 LEOTEK LED Luminaries
Staff is seeking Council approval to purchase 250 LED roadway lighting luminaires from LEOTEK
Electronics of Milpitas, CA in the amount of $106,488.75.
LED lighting provides the following benefits:
Reduced power consumption (up to 50
Greater reliability
Longer life expectancy
Reduced maintenance
Lower utility costs
Funding for this purchase will come from 2011 Traffic Control in the Streets Division, the Annual Traffic
Signal Program, and possibly funds from the Energy Efficiency grant being administered through the
Department of Community Development. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER
28 COW FOR DISCUSSION.
C. Tukwila Urban Center Pedestrian /Bicvcle Bridge: Federal and State Grant Acceptance
Staff is seeking Council approval for the formal acceptance of the two grants listed below in a total amount
of $1,250,833 for design of the Tukwila Urban Center Pedestria/Bicycle Bridge.
Federal Congestion Mitigation and Air Quality (CMAQ) Grant. This is a federal grant which was awarded
through the PRSC Contingency List this past August in the amount of $750,833. The grant requires a 13.5%
City match ($117,182). Park impact fees are anticipated to be utilized as matching funds. UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
369
370
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by A Mayor's review Coundl review
11/28/11 BG 4. L.
12/05/11 B
CAS NUDIBER:
AGENDA ITEM TITLE
CATEGORY Discussion
ITEM INFORMATION
STAFF SPONSOR: BO GIBERSON I ORIGINAL AGENDA DATE: 11/28/11
Street Department's Purchase of 250 LEOTEK LED Luminaires
Mtg Date 11/28/11
Motion Resolution Ordinance ❑Bid Award Public Hearing Other
Mt g Date 12/05/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police PW
SPONSOR'S This purchase is for 250 LEOTEK LED roadway lighting luminaires. The latest advances in
SUMMARY roadway LED lighting will reduce the power consumption by nearly 50 and provide more
reliability and longer life to the light fixtures. The cost of LED fixtures is now only 20
higher than traditional light fixtures. With the remaining budget in Streets and the Annual
Signal Program, Council is being asked to purchase 250 LED luminaires in the amount of
$106,488.75.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDTTURL, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$106,488.75 $107,000.00 $0.00
Fund Source: 000.16 STREET DEPARTMENT AND 104. ANNUAL SIGNAL PROGRAM
Comments:
MTG. DATE j RECORD OF COUNCIL ACTION
11/28/11
12/05/11
MTG. DATE j ATTACHMENTS
11/28/11 Informational Memorandum dated 11/18/11
Quote
Minutes from the Transportation Committee meeting of 11/21/11
12/05/11
371
372
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
FROM
DATE:
Mayor Haggerton
Transportation Committee
Bob Giberson, Public Works Director
November 18, 2011
SUBJECT: 2011 Street Department's Traffic Control Devices
Purchase of 250 LEOTEK LED Luminaires
ISSUE
Purchase in the amount of $106,488.75 for the acquisition of 250 LED roadway lighting
luminaires from LEOTEK Electronics of Milpitas, CA.
BACKGROUND
Currently, roadway illumination costs the City of Tukwila as much as $190,000 each year
in electrical utility costs. The latest advances in roadway LED lighting technology can
reduce the power consumption for lighting fixtures by nearly 50 while providing more
reliability and longer life to the fixtures. Also, the cost of LED fixtures has been going
down over the years and is now only 20% higher than traditional light fixtures.
We should expect to see lower utility costs and reduced maintenance calls as we begin
to convert the older lighting fixtures that are on metered accounts throughout the City.
The 2011 traffic control budget in Streets 000.16 and 104 Fund's Annual Traffic Signal
Program both have remaining balances that can be utilized for this purchase. The
Department of Community Development's (DCD) Energy Efficiency grant may also be
available for this purchase. The Energy grant's timeline is being extended and given that
some cities are not using all of their grant funds, we have requested additional funds.
Rebates from Puget Sound Energy are also being pursued.
This purchase was bid by 2 vendors and LEOTEK Electronics was selected based on
LED unit cost per fixture.
BUDGET SUMMARY
000.16.542.630.31.01 Street Lighting Supplies
000.16.542.640.31.01 Traffic Control Supplies
104.98.595.800.64.00 Annual Traffic Sianal Proaram
Total
RECOMMENDATION
9,000.00
75,000.00
23.000.00
107.000.00
Approve purchase in the amount of $106,488.75 for the acquisition of 250 LED roadway
lighting fixtures from LEOTEK Electronics and consider this item at the November 28,
2011 Committee of the Whole meeting and subsequent December 5, 2011 Regular
meeting.
attachment: Quote
W: \Shared Copy Only \Gail \Info Memo LED Purchase 11- 18- 11.docz
373
374
QUOTE EAR11 -0002 DATE: 11 -08 -11 PAGE 1
TxLET'G
Sea -Tac Lighting controls, LLC.
4439 S. 134th Pl. Bldg E
Tukwila, WA 98168
www.seataclighting.com
Phone 206 -575 -6865
Fax: 206 -575 -8013
Quotes Fax: 206- 575 -1557
To: Scott Bates Proj: TUKWILA ROADWAY LED 80C
City Of Tukwila
TUKWILA, WA
Tukwila, WA 98188 Bid Date: 11/08/11
433 -186?
Vnrrr
c
Remarks:
Qty lType lMfg (D escription I Unit Pricel Extd.Pricel
I I I
1 3521 1LEOTIGCI- 80C- MV- NW -2M -GY I 389.001 $136928.001
80LED ARRAY- -REBEL SERIES LED -TYPE 2
MEDIUM
I I I4000K I I 1
i
INOTE ILEOTIFULL FREIGHT ALLOWED
1 INOTE ILEOTICAN SHIP IN 24HRS AS LONG AS STOCK IN CA OTHERWISE
INOTE ILEOTILEAD TIME IS 6 -8 WEEKS
Total I 1 $136928.001
IF.O.B. Per MFG (Terms: Net 30 Days (Lead time: 6 -8 Weeks I
(Prices firm for entry by: 45 Days IShipment by: 60 Days 1
Subject to manufacturer's published terms and conditions of sale.
Quotation is void if changed. Complete quote must be used, no partials unless otherwise noted.
No hardware or accessories are included, unless noted.
ALL ballast quoted are not brand specific and are chosen at the factories discretion,unless
noted.
Verification of voltages, mounting methods,row information ceiling style, finishes, etc.
is the responsibility of Distributor /Contractor and is reouired at time of order.
(Printed 11/08/11 12:59:27 Per: NORA SCHULTZ
375
376
TRANSPORTATION COMMITTEE Meeting Minutes
City Of Tukwila
Transportation Committee
November 21,2011-4:00 p.m. —Conference Room I `NOTE: Special Start Time
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffie and Verna Seal
Staff: Bob Giberson, Robin Tischmack, Stan Anderson, Jack Pace, Nora Gierloff, David Cline,
Gail Labanara and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: The meeting was called to order at 4:04 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Purchase: Thermoplastic Striver
Staff is seeking Council approval to purchase a thermoplastic striper from Alpine Products of Auburn in the
amount of $92,896.52. Alpine Products was the low bidder for King County, and the City of Tukwila can
add to the King County bid for the same striper system.
The thermoplastic striper will replace a paint striper, and is expected to significantly increase the life
expectancy of pavement markings. The striper includes a trailer, meltor and applicator. $80,000 is budgeted
for this purchase in the 501 Fund Equipment Rental Budget as a carry -over from 2010. The additional
$12,896.52 needed for the striper will come from monies set aside for a Line Locator ($4,840.00), which
will not be replaced, and the Street Department's roadside budget ($8,056.52). UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
B. Purchase: 250 LEOTEK LED Luminaries
Staff is seeking Council approval to purchase 250 LED roadway lighting luminaires from LEOTEK
Electronics of Milpitas, CA in the amount of $106,488.75.
LED lighting provides the following benefits:
Reduced power consumption (up to 50
Greater reliability
Longer life expectancy
Reduced maintenance
Lower utility costs
Funding for this purchase will come from 2011 Traffic Control in the Streets Division, the Annual Traffic
Signal Program, and possibly funds from the Energy Efficiency grant being administered through the
Department of Community Development. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER
28 COW FOR DISCUSSION.
C. Tukwila Urban Center Pedestrian /Bicvcle Bridle: Federal and State Grant Acceotance
Staff is seeking Council approval for the formal acceptance of the two grants listed below in a total amount
of $1,250,833 for design of the Tukwila Urban Center Pedestria/Bicycle Bridge.
Federal Congestion Mitigation and Air Quality (CMAQ) Grant. This is a federal grant which was awarded
through the PRSC Contingency List this past August in the amount of $750,833. The grant requires a 13.5%
City match ($117,182). Park impact fees are anticipated to be utilized as matching funds. UNANIMOUS
APPROVAL. FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
377
378
COUNCIL AGENDA SYNOPSIS
CAS NUMBER:
AGENDA ITEM TITLE
Initials
Meeting Date I Prepared by Mayors review
11/28/11 1 BGIV C
12/05/11 B
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON
Couni'l review
i
ITEM NO.
4.M.
ORIGINAL AGENDA DATE 11/28/11
Tukwila Urban Center Transit Center
Consultant Supplemental Agreement No. 13 with IBI Group
CATEGORY Discussion Motion Resolution Ordinance .Bid Aivard Public Hearing ❑Other
,A/It Dale 11/28/11 Mtg Date 12/05/11 Mtg Date Mtt Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance .Fire Legal P &R Police PWI
SPONSOR'S This supplemental agreement will complete the final design of the Transit Center and
SUMMARY prepare the bid documents. With the WSDOT Regional Mobility grant of $4.7 million, the
Transit Center is funded and scheduled to begin construction in 2012. This supplement is
one of two being presented with the Andover Park W street improvements. Council is being
asked to approve Supplemental Agreement No. 13 in the amount $429,000.00.
RI- VIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1 1/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
Commi'ITT -i- Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EYPEND1'1'URI3 RI QUIRI�-'D AMOUNT BUDGETED APPROPRIATION REQUIRED
$429,000.00 $738,000.00 $0.00
Fund Source: 104 ARTERIAL STREETS (NEW PAGE 16, PROPOSED 2012 CIP)
Comments:
MTG. DATE I
11/28/11
12/05/11
MTG. DATE
11/28/11
12/05/11
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 11/18/11
New page 16, Proposed 2012 CIP
Supplemental Agreement No. 13 with IBI Group
Minutes from the Transportation Committee meeting of 11/21/11
379
:1
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: November 18, 2011
SUBJECT: Tukwila Transit Center
Project No. 90610402, Contract 06 -019
Supplemental Agreement No. 13
ISSUE
Supplement to the IBI Group on the combined Tukwila Urban Center Transit Center and
Andover Park W design contract in the amount of $429,000.00.
BACKGROUND
In February 2006, IBI Group was retained by the City to begin the design of the Tukwila Urban
Center Transit Center on Andover Park W. The Transit Center's Concept Plan was completed in
December 2006. Due to the overlapping design needs of Transit Center and the Andover Park
W widening project (98810404), the two projects were combined under the IBI Group contract.
The design of the Tukwila Transit Center is at 30% and is coordinated with the design work on
Andover Park W.
DISCUSSION
With the Regional Mobility grant award earlier in 2011, completion of the design and ultimately
construction of the Transit Center is estimated to be fully funded. This supplemental agreement
is to complete the design work through the final design and PS &E documents. Another
supplemental agreement (No. 14) to complete the design effort on Andover Park W, including
design of the water main replacement, is being presented to the Transportation Committee at
the same time. The supplemental agreements are presented separately to aid in the ease of
billing and tracking expenditures by project
Fiscal Impact: A new CIP page is attached to represent the additional funds needed for design,
with the right -of -way costs reduced (page 16, Proposed 2012 CIP).
RECOMMENDATION
Approve Supplement No. 13 to Contract No. 06 -019 with the IBI Group in the amount of
$429,000.00 and consider this item at the November 28, 2011 Committee of the Whole and
subsequent December 5, 2011 Regular meetings.
Attachments: New Page 16, Proposed 2012 CIP
Supplemental Agreement #13
WAPW Eng \PROJECTSW- RW RS Projects \06RW02 Transit Center \INFO MEMO Supp #13 IBI Transit Center Design 11- 18- 11.docx 381
*6
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2012 to 2017
PROJECT: Tukwila Urban Center Transit Center Project No. 90610402
DESCRIPTION: Design and construct a Transit Center for the Tukwila Urban Center (TUC)
FUND SOURCES
Awarded TOD Grant
High transit ridership and bus operations warrant conversion of the existing bus stops on Andover Park West
40 428
468
to a Transit Center. The current facilities are inadequate in size and location to serve Metro operations and
JUSTIFICATION:
transit riders. City policy encourages the use of transit, and mitigation dollars and parking supply decisions
Mitigation Actual
500
have been made based upon the expected improvements to the transit center.
500
STATUS:
Design began in 2006. Construction schedule is linked to milestones identified in the State Mobility grant.
MAINT. IMPACT:
Minimal to moderate, depends on final maintenance agreement with King County Metro.
(229)
0 1,376 329 0 0 0
TOD grant of $468k with mitigation from Westfield SIC Mall of $500k for parking variance. WSDOT Regional
TOTAL SOURCES
COMMENT:
Mobility Grant of $4.7m with $3.9m in 2011 -2013 and $835k in 2013 -2015 with a required match of 20% that
0 0 7,522
can include past expenditures, other grants, and ROW value of land dedicated by Westfield.
FINANCIAL
Through Estimated
(in $000's)
2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL
EXPENSES
Design
271 40 738
1,049
Land(R/W)
343 916
1,259
Const. Mgmt.
250 300
550
Construction
2,300 2,364
4,664
TOTAL EXPENSES
614 40 4,204 2,664 0 0 0 0 0
7,522
FUND SOURCES
Awarded TOD Grant
40 428
468
Awarded Mob Grant
2,400 2,335
4,735
Mitigation Actual
500
500
ROW Donation
343
343
City Oper. Revenue
(229)
0 1,376 329 0 0 0
0 0 1,476
TOTAL SOURCES
614
40 4,204 2,664 0 0 0
0 0 7,522
Project Location
2012 2017 Capital Improvement Program
16
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383
ME
SUPPLEMENTAL AGREEMENT NUMBER 13
TO
CONSULTANT AGREEMENT NUMBER 06 -019
THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, herein -after referred to as "the City and IBI Groun, hereinafter referred to as "the
Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified.
The City desires to supplement the agreement entered into with the Consultant and executed on,
February 23, 2006 and identified as Agreement No. 06 -019. All provisions in the basic
agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Scope of Services, is hereby changed to include work described in Attachment A for
additional design work on the Tukwila Transit Center Project.
2. Payment, shall be amended as follows:
A. Payment for the work provided by the Consultant shall be made as provided on
Exhibit "C" attached hereto, provided that the total amount of payment to the Consultant
shall not exceed $429,000 without express written modification of the Agreement signed
by the City. The maximum amount payable under this agreement as supplemented
inclusive of all fees and other costs is now $1,221,815.
3. Time for Performance, shall be amended as follows:
The Consultant shall perform all services and provide all work product required pursuant
to this Agreement by December 31, 2012, unless an extension of such time is granted in
writing by the City.
DATED this day of 20
CITY OF TUKWILA
Jim Haggerton, Mayor
CONSULTANT
By:
Printed Name:
Title:
385
x
k
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
NOVEMBER 11TH, 2011
IBI
GROUP
387
/a/oxoup
SCOPE opWORK
PHASE 3: FINAL DESIGN ADDITIONAL SERVICES 1
TaskD: ROW ACquisiUoO.. 1
PHASE4: CONSTRUCTION DOCUMENTS
5
Task Project Management
o
Task 6: Stakeholder Coordination 7
Task 7: Design Documents 0O% and 1U0%i B
Task 8:Cost Estimates K0% and 1UU%L--
11
Task 9:Assistance with Building Permit
11
PHASE S: BID AND CONSTRUCTION SUPPORT (OPT|ONAL)
12
Task10: Bid Support.
12
Task11: Construction Support
12
SCHEDULEAND FEE
13
November I/th,on1
Page
IBI GROUP
SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
PHASE 3: FINAL DESIGN ADDITIONAL SERVICES
The following additional task has been added to support the Phase 3, Task 3 Right of Way
Acquisition work.
The objective of this task is to assist the City in ROW acquisition. Work to be performed includes
preparation of legal documents detailing the ROW acquisition necessary along Andover Park West
to accommodate the new Transit Center, assist with purchase offers, and negotiate final
agreements. The general approach will be as follows:
Obtain a Right of Entry for no compensation. The area would be from the right of way
line to the front of the Firestone building. The purpose would be to obtain information
needed to finalize the plan for demolition and remediation of the site after demolition is
complete. A request for right to do environmental tests to determine if there are any
hazardous materials on site should also be included. Activities for this effort would include
detailed topographical survey work, soil testing for hazardous materials and the right to
have project personnel enter the property to complete the survey and soil testing. This
should be completed as soon as possible.
Obtain a Temporary Construction Easement (TCE). Compensation to be determined
during an appraisal of the property. The area would be from the existing right of way line to
the front of the Firestone building as wide as is needed to allow project personnel and
equipment access to demolish the existing canopy, as well as to remediate any damage
done to the property during demolition. Remediation should include input from the property
owners regarding their wishes for what the site would look like after the canopy is removed
and would likely include work such as paving, parking striping, landscaping, irrigation, and
lighting. This TCE should show on the right of way plans.
Obtain a Permanent Easement. This type of restrictive easement will likely cost the same
as a fee simple acquisition if the City were paying for the entire easement.
CERTIFIED Land Services (CLS) will also sub contract with an appraisal firm to perform the initial
appraisals needed. CLS recommends obtaining at least two bids from qualified WSDOT- approved
appraisers that will include costs and delivery schedule. CLS will make a recommendation for the
hiring of the appraiser that the City can review and make a final decision on.
Assumptions
This work will be performed by Certified Land Services, as sub consultant to IBI
Group.
All forms and conveyance documents will be based on WSDOT templates.
CLS will hire and manage a WSDOT- approved Appraiser for both the Southbound stop
permanent easement and the Northbound stop right of way assessments. Note that in the
Phase 3 scope it was assumed that the City would hire a WSDOT- approved Appraiser.
This has been added to Phase 4 scope to move forward with the acquisitions /easements
November 11 th, 2011
IBI
GROUP
9-1
IBI GROUP
SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
with the Phase 3 WSDOT- approved appraiser assumed to be hired by the City representing
appraisal of the completed project.
There are no relocations for this project.
Sign relocations will be considered cost to cure items addressed in appraisals and
negotiations.
All utilities easements, permits and clearing will be handled by the City.
Transactions will be closed in escrow. Agents will prepare escrow agreements for each
parcel to clear all encumbrances and parties in interest from each parcel.
Commercial parcels typically have multiple parties in interest. All parties in interest will be
addressed in clearing title.
The City will record all documents and will pay property owners and /or lien
holders /encumbrances for any property or property rights acquired for this project.
CERTIFED will provide certification prep and review.
Acquisition documents for one parcel will be prepared.
The acquisition of the parcel assumes that parking will not be impacted. Additional fees will
be negotiated for the preparation of a Parking Impact Study.
The City of Tukwila will provide title reports for parcels if additional reports are necessary.
The task does not include resolving boundary issues should the title reports have conflicting
information.
Work Activities
3.3. Permanent Easement Firestone
The project involves one parcel which is known as the Firestone property (KC Tax ID NO. 92 -247-
0070) which is a commercially zoned property. We anticipate the acquisition of a right of entry for
design and environmental assessment of the parcel. Upon completion of final design and right of
way plans, the project may require the acquisition of a strip of land in fee simple and improvements
located in that strip of land.
State and /or federal funds are involved in this project requiring strict adherence to Federal
Highways Administration policies and procedures as well as all applicable federal, state and local
laws including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 and its amendments, 49CFR Part 24, and state Revised Statutes. Work will be
in accordance with the WSDOT Local Agencies Guidelines and by reference the WSDOT Right of
Way Manual.
3.3.1. CERTIFIED staff will review all documents, files, maps, legal descriptions and other
information provided. Errors, questions and clarifications will be reviewed and
discussed.
3.3.2. Appraisal
Assumptions
It is assumed that the Rights of Entry will be obtained for no compensation.
390
November 11 th, 2011
Page 2.
IBI GROUP
SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
In accordance with funding source requirements and the Agency's approved
right of way procedures, CERTIFIED will advise if the acquisition may be
acquired with appraisal waiver or if a full narrative appraisal is required.
Appraisal tasks include the following:
3.3.2.1. CERTIFIED will prepare a preliminary funding estimate (PFE) for the one (1)
fee take parcel describing the parcel, its ownership, the estimated cost of
acquisition, labor, escrow, condemnation, and summary of total right of way
project costs.
3.3.2.2. An Administrative Offer Summary (appraisal waiver) will be written if the
acquisition is valued under $25,000 in the PFE.
3.3.2.3. CERTIFIED will hire and manage the appraiser.
3.3.3. Appraisal Review
Assumptions
Appraisal Reviews are not necessary for acquisitions valued under $25,000
according to state and federal funding source requirements, and the Agency's
approved right of way procedures.
If required, the City will hire a WSDOT- approved appraisal reviewer who will
provide appraisal review services.
Appraisal Review tasks include the following:
3.3.3.1. CERTIFIED will manage the appraisal reviewer hired by the City, and the City
will set just compensation from which the offer will be made.
3.3.4. Administrative
Assumptions
The City will provide a preliminary title commitment for each parcel with
Schedule B showing exceptions listed; copies of vesting deeds and supporting
documents for all liens and encumbrances of record will be included.
PACE will provide all legal descriptions.
PACE will provide an exhibit map for the fee acquisition the rights of entry on the
project.
CERTIFIED staff will maintain all records, files, documents, and reports in
accordance with statutory and WSDOT guidelines and regulations.
Administrative tasks include the following:
3.3.4.1. CERTIFIED will provide signature ready legal documents that will be used to
convey fee or temporary construction easement rights for all parcels.
3.3.4.2. CERTIFIED will provide written status reports on a weekly basis, or as agreed
upon, and will provide verbal status reports on demand, as requested.
3.3.5. Negotiation
Assumptions
CERTIFIED agents will act in good faith at all times.
November 11 th, 2011
Page 3.
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IBI GROUP
SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
CERTIFIED staff will never coerce owners in an attempt to settle parcels.
CERTIFIED will provide the City with an Administrative Settlement letter for all
requested administrative settlements.
CERTIFIED staff will work whatever hours are necessary, including evenings
and weekends, to make themselves available to owners and their
representatives.
Negotiation tasks will include the following:
3.3.5.1. CERTIFIED will prepare an offer letter for the parcel.
3.3.5.2. CERTIFIED agents will make at least three (3) personal contacts with the
owner with the intent of reaching settlement for the conveyance of property
needed. As many contacts as needed to reach settlement will be made, until it
is mutually agreed between the City and CERTIFIED that negotiations should
be suspended or given to the City Attorney to pursue eminent domain actions.
3.3.5.3. CERTIFIED staff will explain the City's offer verbally and in writing.
3.3.5.4. CERTIFIED staff will provided detailed written diaries for each parcel.
3.3.5.5. CERTIFIED staff will transmit organized parcel files containing all pertinent
information, documents, forms, diaries, and Disclaimer Statements.
3.3.5.6. CERTIFIED staff will prepare a condemnation summary memo if the City
deems it is necessary to acquire the property through the exercising of its
power of eminent domain.
3.3.6. Closing and Conveyance
Closing and Conveyance tasks include the following:
3.3.6.1. CERTIFIED staff will review title for each parcel.
3.3.6.2. CERTIFIED will clear all encumbrances on title that are in conflict with the
acquisition areas of the partial taking parcel.
3.3.6.3. CERTIFIED will prepare any documents needed for clearing any liens or
encumbrances as noted above.
3.3.6.4. CERTIFIED will provide the City with complete files at the close of negotiations
for each parcel. Included in our transmittal packages will be conveyance
documents ready for the City to record and all documents related to lien and
encumbrance removal.
Deliverables
Updated Right of Way Acquisition Table
Legal documents for property acquisition
Weekly status reports
Detailed written diary for the parcel
Documents required to clear any liens or encumbrances
A complete record including all files will be provided at the close of negotiations
392
November 11 th, 2011
Page 4.
IBI GROUP
SCOPE OF WORK
PHASE 4: CONSTRUCTION DOCUMENTS
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
The Transit Network Plan for the Tukwila Urban Center (TUC) Subarea' includes as one of its
key recommendations the construction of a new transit center in the immediate vicinity of the
existing focal point of bus service on Andover Park West and Baker Avenue. A new transit
center in this location is expected to act not only as a replacement for the existing bus
stop(s); it will also serve the new King County Metro RapidRide F Line that will begin service
in 2013. In addition, the new transit center is an important step in the redevelopment of the
area, building from current initiatives to redevelop the Southcenter Mall and future plans to
redevelop the Tukwila Urban Center.
The objective of this Phase of the project is to develop a construction documents package
(60% and 100 for the Tukwila Transit Center that provides design documentation, cost
information and environmental and geotechnical information to the City that allows for future
bidding of the project. This phase will begin from the work completed during Phase 3
described in the Tukwila Transit Center Final Design scope of work dated June 15, 2011 and
continue the design process and stakeholder coordination in preparation of bid documents
that will include the ability to meet the Regional Mobility grant requirements.
A work breakdown structure of five primary tasks has been developed for this Phase of the
work, recognizing an overall design timeline of six months. This includes a two -week City
Design Review period after both the 60% and Draft 100% submittals. Primary tasks, in
general, include the following:
Review and assembly of relevant information, including geotechnical and
environmental appropriate to completing the design phase of the project including the
Firestone Property, Northbound and Baker transit stops.
2. Preparation of stakeholder presentation materials and meeting summaries and
participation at meetings.
3. Preparation of construction documents (60% and 100% Draft and Final) plans and
specifications.
4. Construction cost estimates for the Transit Center (60% and 100
5. Assistance to the City in preparation of a building permit for the shelters.
The following scope describes the work to be conducted, and assumptions and deliverables
to be provided.
Task 5: Project Management
This task includes the day -to -day activities to be performed by the Consultant to manage and
administer the work to deliver quality work products that meet the needs of the City.
Final Transit Network Plan, Tukwila Urban Center Subarea, Perteet, Inc., December 2004.
November 11 th, 2011
Page 5.
393
IBI GROUP
SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
ASSUMPTIONS
Primary project management coordination will be through the Consultant Project
Manager and City Project Manager.
All Consultant requests for meetings with City staff shall come from the Consultant
Project Manager. Such requests will be issued to the City Project Manager.
All sub consultant requests for meetings will be coordinated through the Consultant
Project Manager or Consultant Design Coordinator (the latter if a design related
issue).
Steps will be taken to schedule meetings as far ahead as reasonable to secure
participation of invitees, City assistance may be requested from time -to -time to
expedite design or information collection related meetings.
The City will be responsible for providing meeting space and issuing invites to City
staff and other stakeholders for all stakeholder and city council meetings and
presentations.
The City will be responsible for providing base information such as existing plans,
previous studies, land surveys, GIS data, etc. The Consultant will coordinate with the
City to make sure that information requests are reasonable and do not overly burden
City staff.
The Consultant will be responsible for all work products delivered, and commits to
providing staff and resources to complete the work in a timely manner.
WORK ACTIVITIES
5.1. Contract Administration
This activity covers basic administration of the work including:
5.1.1. Preparation of a Project Schedule in MS Project, ongoing tracking of that
schedule, and reporting of any variances on a monthly basis. Issues identified
during the course of the work that have the potential to affect schedule will be
promptly identified for the City Project Manager (this is in addition to regular
monthly reporting).
5.1.2. Cost and project team time control.
5.1.3. Monthly invoicing and project progress reporting (report to be included with
invoice).
5.1.4. Sub consultant administration.
5.2. Meetings and Coordination
This includes general coordination and project management meetings; stakeholder
meetings are covered in Task 6. Meeting and coordination are expected to include the
following:
5.2.1. Design Review meetings with City staff (3) (At the start of 60% design, during
60% design and during 100% design tasks).
5.2.2. Internal design team coordination meetings
5.2.3. Client coordination calls and ad -hoc coordination (Up to 6).
394
November 11 th, 2011
Page 6.
IBI GROUP
SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
5.3. Quality Control
5.3.1.All work products will be subject to internal quality review before issuance per
IBI Group quality control procedures.
DELIVERABLES
Project schedule
Invoices and monthly progress reports
Meeting agendas
Meeting notes
This task will continue the stakeholder coordination efforts from the work completed earlier
during schematic and final design phases through the construction document phase by
assisting the City with communication with key stakeholders. Key stakeholders include the
City project team, King County Metro, adjacent property owners and businesses, council
committees, review boards and commissions. The Consultant will prepare presentation
materials as defined below.
ASSUMPTIONS
The City will be responsible for publicizing stakeholder meetings and for arranging
meeting logistics.
The Consultant will be responsible for the preparation one set of presentation
materials for the City's use at stakeholder meetings.
IBI will lead one (1) presentation for the Adjacent Property Owners and Tenants.
Meeting notes will be prepared for the meeting.
WORK ACTIVITIES
6.1. Preparation for Stakeholder Workshops
6.1.1. Stakeholder meeting agendas will be developed through collaborative planning
sessions involving the City Project Manager, Consultant Project Manager, and
other key staff.
6.1.2. The Consultant will prepare one set of graphics and a rendering that will be used
at all of the stakeholder meetings listed above. Presentation material will be
focused on the transit stations, urban design and landscape features. The
graphics prepared will reflect the reviewed and approved design plans.
6.2. Documentation of Stakeholder Workshops
6.2.1. The Consultant will provide the City with copies of meeting materials and
meeting notes for stakeholder events (paper and electronic).
November 11th, 2011
Page 7.
395
IBI GROUP
SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
6.3. Public Art Program Identification and Coordination
6.3.1. The Consultant will work with the City to incorporate public art into the project.
The Consultant will coordinate the location of the art into the project site. The
Consultants effort is limited to coordination of the art piece and is limited to 16
hours as identified in the fee proposal. The work does not include any additional
design services or design modifications of the art to accommodate the piece into
the project. Additional design and coordination services if required will be
negotiated with the City prior to providing the services.
DELIVERABLES
One set of stakeholder meeting graphic materials and renderings
Stakeholder meeting notes /documentation
This task will prepare construction documents (60% and 100 design plans and
specifications for landscape architecture, civil, architectural, urban design, structural,
ITS /communications and electrical systems for the Northbound, Southbound and Baker
Transit Stops.
ASSUMPTIONS
A Value Engineering Study is not included as part of this scope of work. If required,
additional scope and fee will be negotiated with the City.
A building permit will be required for the shelter only. The City will prepare all other
permits.
Information will be prepared in CSI format for Lump Sum bidding. The City will
provide Division 00 and 01 sections meeting federal and state funding requirements.
Detention and water quality is required for this project. The areas requiring water
quality treatment and pervious and impervious area changes will be documented in a
technical memo. The work required for this requirement will be combined with
proposed improvements within the Andover Park West improvement project.
Canopies and planter walls will be founded on conventional spread footings. The
design of pile foundations would be considered additional scope.
A single canopy design would be applied to all canopies at the Northbound and
Southbound transit stations. Baker Blvd. transit station will not include a shelter.
100% Draft Design Plans will be utilized for the Building Permit submittal no
additional plans will be prepared for the Building Permit
The City will provide comments for the 60% and Draft 100% Design submittals within
2 weeks of receiving the documents. The City will provide consolidated comments
that are non conflicting to the Consultant for incorporation into the next submittal.
November 11th, 2011
Page 8.
IBI GROUP
SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
WORK ACTIVITIES
7.1. 60% Design
Plans and project specifications will be prepared to a 60% design level. One design
review meeting will be held during the 60% design task with key City staff. Progress
design drawings will be reviewed and key design issues and decisions discussed.
7.1.1. Civil The Consultant will develop 60% design documents covering drainage
facilities. The 60% design for utilities will include relocation; new utility services
that may be required for project. The plans will include the following: the final
grading of existing and installation of plans; pavement layout will include extent
of the new pavement for bus pullouts and /or plaza areas, and will include
pavement cross sections. The Consultant will also prepare 60% demolition
drawings for the Firestone canopy foundations.
7.1.2. Landscape Design 60% plans for landscape design documentation will be
developed for both the pedestrian plaza and transit center locations.
7.1.3. Urban Design The Consultant will develop 60% urban design project site plans
and details including Transit Center, Pedestrian Plaza and Crosswalk design.
7.1.4. Architecture Design 60% design architectural documentation of planters,
railing, signage, lighting, seating, plaza and shelter will be developed for the
transit center.
7.1.5. Structural The Consultant will develop 60% designs for structural elements
(planter walls, a single trellis, feature signs, unique light standards and a
standard canopy). The structural design for the transit center will include
foundation, planter wall, and framing plans and details for all sites.
7.1.6. Electrical The Consultant will develop 60% designs for site electrical power
service and distribution, and receptacle locations. The Consultant will coordinate
any required discussions between the City, service utility, and design team
members to determine power availability and access. The Consultant will
develop 60% design lighting plans and coordinate lighting system standards with
the City.
7.1.7. ITS The Consultant will develop 60% designs for video surveillance cameras
for the transit center. The cameras will be an expansion of the City's existing
system and will not include a new operating system. The Consultant will develop
60% designs for a conduit layout for a future VMS display and connection to the
Rapidride technology pylon.
November 11th, 2011
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SCOPE OF WORK
7.2. 100% Design
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
Plans and project specifications will be prepared for a complete design. One design
review meeting will be held during the 100% design task with key City staff. Progress
design drawings will be reviewed and key design issues and decisions discussed. A
draft 100% design submittal will be prepared and submitted to the City for Review. The
draft 100% design documents will be utilized for the submittal of the Building Permit to
the City of Tukwila.
A final 100% bid ready set of plans and specifications will be prepared. This set will
incorporate the final comments from the City's review and the Building Permit Review.
7.2.1. Civil The Consultant will develop 100% design documents covering drainage
facilities. The 100% design for utilities will include relocation; new utility services
that may be required for project. The plans will include the following: the final
grading of existing and installation of plans; pavement layout will include extent
of the new pavement for bus pullouts and /or plaza areas, and will include
pavement cross sections. The Consultant will prepare 100% demolition drawings
for the Firestone canopy foundations.
7.2.2. Landscape Design —100% plans for landscape design documentation will be
developed for both the pedestrian plaza and transit center locations.
7.2.3. Urban Design The Consultant will develop 100% urban design project site
plans and details including Transit Center, Pedestrian Plaza and Crosswalk
design.
7.2.4. Architectural Design 100% design architectural documentation of planters,
railing, signage, lighting, seating, plaza and shelter will be developed for the
transit center.
7.2.5. Structural The Consultant will develop 100% design plans for foundation,
planters, and shelter structure.
7.2.6. Electrical The Consultant will develop 100% design plans for site electrical
power service and distribution, and receptacle locations. The Consultant will
coordinate any required discussions between the City, service utility, and design
team members to determine power availability and access. The Consultant will
develop final design lighting plans and coordinate lighting system standards with
the City.
7.2.7. ITS The Consultant will develop 100% design plans for video surveillance
cameras for the transit center. The Consultant will develop final designs for a
conduit layout for a future VMS display and a connection to the RapidRide
technology pylon.
DELIVERABLES
60% Design Plans and Specifications submittal for all disciplines
Draft 100% Design Plans and Specifications submittal for all disciplines (will also be
used as the submittal for Building Permit)
Final 100% Design Plans and Specifications (Bid- ready) submittal for all disciplines
November 11th, 2011
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IBI GROUP
SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
Cost estimates will be developed for the 60% and 100% submittals with a level of accuracy
commensurate with the level of design. The cost estimates will include the cost of
construction for the design and include any potential risks that have been identified as a
result of the conceptual engineering and design tasks. The cost estimate will be subdivided
into costs for each of the disciplines listed below.
ASSUMPTION(S)
Information will be prepared in CSI format for Lump Sum bidding
WORK ACTIVITIES
8.1. 60% Cost Estimating
8.1.1. The Consultant will develop an 60% cost estimate based on the civil, landscape,
urban, architectural, structural, ITS /Communications, mechanical and electrical
design.
8.2. 100% Cost Estimating
8.2.1. The Consultant will develop a 100% cost estimate based on the civil, landscape,
urban, architectural, structural, ITS /Communications, mechanical and electrical
design.
DELIVERABLE(S)
Lump sum construction cost estimates for 60% and 100% documentation.
Task 9: Assistance with Building Permit
ASSUMPTIONS:
City staff has indicated that the only City permit required will be the building permit for
the station canopies.
The Consultant will communicate with the City on corrections or other issues that
arise during review, up to the level of effort identified in the Cost Estimate.
All permit fees will be paid by the City directly and are not included in the cost
estimate.
The City will lead the submittal and tracking of the building permit and coordinate with
the reviewers during the review and approval process.
The Consultant team effort for this task is limited to 20 hours as defined in the
attached fee proposal.
November 11th, 2011
Page 11.
IBI GROUP
SCOPE OF WORK
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
WORK ACTIVITIES
9.1. Building Permit
The Consultant team will assist the City in obtaining the building permit for the station
canopies by assembling the building permit application materials which include drawings
prepared for the 100% Draft Design plans and specifications. Additional drawings will not be
prepared for the permit submittal. The Consultant will prepare required forms and assemble a
draft application package for City review. The City will lead the submittal of the application
and track the progress of the permit package through the approval process and coordinate
with the Consultant Team on questions and revisions during the approval process. The
Consultant team effort for this task is limited to 20 hours as defined in the attached fee
proposal.
DELIVERABLES
Building permit application (draft, final)
PHASE 5: BID AND CONSTRUCTION SUPPORT (OPTIONAL)
ASSUMPTIONS
The City will be responsible for all aspects of the procurement not spelled out
specifically below.
No Conformed set of documents including addenda will be prepared.
DELIVERABLES
The Consultant will make a "camera ready" or digital record of the Final bid
documents available to the City for their use in the copying and dispersal of
documents to prospective bidders.
The Consultant will respond to bidder questions forwarded by the City with Addenda
information in the form of text and drawings necessary and appropriate to obtain
bids.
Task 11: Construction Support
ASSUMPTIONS
The City will retain personnel as required to manage the day -to -day administration of
the construction.
No budget is included for this work. Final Budget and Scope will be determined at a
later date.
DELIVERABLES
Review and comment on submittals
Review and comment on requests for information
November 11th, 2011
Page 12.
W1
IBI GROUP
SCOPE OF WORK
Review and respond to owner questions
City of Tukwila
TUKWILA TRANSIT CENTER
FINAL DESIGN AND CONSTRUCTION DOCUMENTS
PHASES 3 AND 4
Issue clarifications, including supplemental drawings
Maintain a log of all submittals, requests for information, owner questions,
supplemental drawings and issued clarifications
The consultants will make site visits to review progress
SCHEDULE AND FEE
The Consultant team will conduct the work described in Phase 4 Construction Documents
in an overall timeline of six months with two additional 2 week periods for City review of the
design deliverables after 60% and 100% draft design. The additional services work for Phase
3 described in this document will be conducted simultaneously with the Phase 4 tasks and
will continue as described to completion of the acquisition tasks. A definitive timeline for this
work cannot be estimated; however, the work will be coordinated with the City and regular
status reports will be provided. CLS sub contracting of the WSDOT- approved appraiser has
been included at an estimated maximum cost of $5,000; however, this is going out to bid per
Task 3.3 so this cost is not exact.
The estimated fee for the Phases 3 and 4 work is summarized below:
Phase 3 Additional Services and Phase 4: Construction Documents $429,000
Phase 5: Bid and Construction Support
TBD
Additional Services not included in this Scope of Work
Hazardous Materials
November 11th, 2011
$16,386
Page 13.
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Transportation Committee Minutes
November 21. 2011— Pape 2
Statewide Transportation Enhancement Program. This is Washington State Department of Transportation
Grant in the amount of $500,000. The City applied for the grant in July 2010, and was awarded funding in
2011. No matching funds are required. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
D. Tukwila Urban Center Pedestrian /Bicycle Bridge: Supplemental Agreement No. 9 with KPFF
Staff is seeking Council approval for Supplemental Agreement No. 9 of Contract No. 07 -123 with KPFF
Consulting Engineers in the amount of $1,367,580.11 to:
Complete design and environmental permitting for the Tukwila Urban Center
Pedestrian/Bicycle Bridge
Design of a new pedestrian signal across West Valley Highway
Trail design connecting bridge users to the Tukwila Longacres Sounder Station
Design along Baker Boulevard to add bike lanes and on- street parking
KPFF conducted the Type, Size and Location (TSL) study and resulting report for the Pedestrian /Bicycle
Bridge. Funding for the Supplemental Agreement will come from the grants described in Item C above,
including matching funds. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR
DISCUSSION.
E. Tukwila Urban Center Transit Center Supplemental Agreement No. 13 with IBI Group
Staff is seeking Council approval for Supplemental Agreement No. 13 with the IBI Group for completion of
the final design and PS &E documents for the Tukwila Urban Center Transit Center in the amount of
$429,000.
Funding for this Supplemental Agreement will come from the TOD grant and the WSDOT Regional
Mobility grant. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR
DISCUSSION.
F. Andover Park West Street Water Improvements Supplement No. 14 with IBI Group
Staff is seeking Council approval for Supplemental Agreement No. 14 with the IBI Group for completion of
the final design and PS &E documents for the Andover Park West widening and water main replacement in
the amount of $313,037 (widening $167,693 water main $145,344).
Funding for this Supplemental Agreement will come from mitigation and traffic impact fees. The City was
recently awarded $1,420.000 in grant funds for construction from the State Transportation Improvement
Board. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
G. Ordinance: Tukwila Urban Center Transit Center
Staff is seeking Council approval to acquire property /condemnation authority as required for right -of -way
and easements need for the Tukwila Urban Transit Center Project as follows:
One right -of -way dedication
Three temporary construction easements
One permanent easement
It is standard for City staff to request condemnation authority at the beginning of a property acquisition
process for public projects. Although it is highly unlikely that any parcel of land within this area will
require condemnation, establishing the ordinance prepares the City for condemnation proceedings, if
required. Four parcels with three separate owners are included in the project area. The agenda packet
provides specific details on ownership. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
403
M
COUNCIL AGENDA SYNOPSIS
CAS NUMBER:
AGENDA ITEM TITLE
CATEGORY Discussion
Initials
Meeting Date Prepared 6y Mayo; s review
11/28/11 I B I ""k
12/05/11 I B I
I
I
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON
Council review
t�
ITEM NO.
4.N.
ORIGINAL AGENDA DATE: 11/2
Andover Park West Street Improvements
Consultant Supplemental Agreement No. 14 with IBI Group
Motion Resolution Ordinance BidAwatd Public Hearing Other
Mtg Date 11/28/11 Mtg Date 12/05/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
(SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police Plr
SPONSOR'S This supplemental agreement will complete the final design of the Andover Park West
SUMMARY street improvements as well as the design of the APW water main replacement. Combining
these two projects with the Transit Center into one design and construction project will
reduce costs. With the State TIB grant of $1.42 million, the project is funded and scheduled
to begin construction in 2012. Council is being asked to approve Supplemental Agreement
No. 14 in the amount $313,037.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMTITEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$313,037.00 $530,000.00 $0.00
Fund Source: 104 ARTERIAL STREETS &401 WATER (NEW PAGE 17 AND 89, PROPOSED 2012 CIP)
Comments: $167,693000 for APWStreet and $145,344.00 for APW New Water Main
MTG. DATE
11/28/11
12/05/11
MTG. DATE
11/28/11
12/05/11
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 11/18/11
New page 17 and 89, Proposed 2012 CIP
Supplemental Agreement No. 14 with IBI Group
Minutes from the Transportation Committee meeting of 11/21/11
405
E1.
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: November 18, 2011
SUBJECT: Andover Park West
Project No. 98810404, Contract 06 -019
Supplemental Agreement No. 14
ISSUE
Supplement to the IBI Group on the combined Tukwila Urban Center Transit Center design and
Andover Park West in the amount of $313,037.00.
BACKGROUND
In August 2011, the City modified the agreement with IBI Group to add in the design of the Andover
Park W water main replacement to the previously existing contract to design the Andover Park W
widening project. Combining these design efforts is a prudent use of public funds, intended to capitalize
on related work, much as the Andover Park W widening project was combined with the Tukwila Urban
Center Transit Center design work. All three projects are logically interconnected. Design of the road
widening and the water main replacement is currently at 30
DISCUSSION
This supplemental scope of work adds new scope and fee associated with final design and PS &E for
the Andover Park W widening and water main replacement projects. Design work associated with the
road widening and water main replacement has been separated for project accounting.
Fiscal Impact: Supplement No. 14's fee amount associated with the Andover Park W Widening Project
is $167,693.00 and the fee for the Andover Park W Water Main Replacement project is $145,344.00 for
a total supplement amount of $313,037.00. New CIP pages are attached to represent the funds needed
for design in 2012, with right -of way costs reduced (page 17 and 89, Proposed 2012 CIP).
This project is dependent on successful grant funding of $1,420,000.00. Results from the State
Transportation Improvement Board will be released Friday, November 18, 2011, so an update will be
given at the November 21 Transportation Committee on the status of the grant funding.
RECOMMENDATION
Approve Supplement No. 14 to Contract No. 06 -019 with the IBI Group in the amount of $313,037.00
and consider this item at the November 28, 2011 Committee of the Whole and subsequent December
5, 2011 Regular meetings.
Attachments: Page 17 and 89, Proposed 2012 CIP
Supplemental Agreement #14
WAPW Eng \PROJECTS\A- RW RS Projects \06RW02 Transit Center \INFO MEMO Supp #14 IBI APW Water Design 11- 18- 11.docx
407
K1:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
FUND SOURCES
Awarded TIB Grant 355 1,065
Proposed Grant
Mitigation Actual 316
Impact Fees 101 5
City Oper. Revenue (340) 5 444 253 0 0 0 0
TOTAL SOURCES 77 10 799 1,318 0 0 0 0
Project Location
2012 2017 Capital Improvement Program
0
0
n
GIS
1,420
0
316
106
362
2,204
17 409
2012 to 2017
PROJECT:
Andover Park West (Tukwila Pkwy Strander Blvd) Project No. 98810404 Zone 1
DESCRIPTION:
Study and implement revised channelization.
JUSTIFICATION:
Revising left turn lanes will reduce accidents and lessen congestion.
Major portion of Andover Park W at intersections are complete. Next phase is to revise turn lanes along
STATUS:
length of project. To be coordinated with Tukwila Urban Center Transit Center and APW water improvements.
MAINT.IMPACT:
Negligible.
Project is on impact fee list and goal is to begin project by 2011. Design report completed in 1991 was updated
COMMENT:
in 2009. ACME Bowling mitigation of $111 k and Westfield Mall of $205k in 2007. Received State TIB grant of
$1.42m. Partial match from APW water overlay for $346k (see page 89).
FINANCIAL
Through Estimated
(in $000's)
2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL
EXPENSES
Design
77 10 278 365
Land(R/W)
80 80
Const. Mgmt.
41 122 163
Construction
400 1,196 1,596
TOTAL EXPENSES
77 10 799 1,318 0 0 0 0 0 2,204
FUND SOURCES
Awarded TIB Grant 355 1,065
Proposed Grant
Mitigation Actual 316
Impact Fees 101 5
City Oper. Revenue (340) 5 444 253 0 0 0 0
TOTAL SOURCES 77 10 799 1,318 0 0 0 0
Project Location
2012 2017 Capital Improvement Program
0
0
n
GIS
1,420
0
316
106
362
2,204
17 409
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2012 to 2017
PROJECT: Andover Park W /Strander New Water Main Project No. 99840105
DESCRIPTION: Design and construct 2,100 LF of a 12" pipe along Andover Park West from Tukwila Pkwy to Strander Blvd
JUSTIFICATION: Aging cast iron pipe and deficiencies under fire flow conditions.
STATUS: Coordinated with the Transit Center and Andover Park West street improvements
MAINT. IMPACT: Improved service would reduce maintenance liability.
COMMENT:
FINANCIAL
Through
Estimated
(in $000's)
2010
2011
2012
2013 2014 2015 2016 2017 BEYOND
TOTAL
EXPENSES
Design
N ee
165
L A
165
Land (R/W)
W# E
Sflmn
0
Const. Mgmt.
177
177
Construction
1,212
1,212
TOTAL EXPENSES
0
0
1,554
0 0 0 0 0 0
1,554
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
0
1,554
0 0 0 0 0 0
1,554
TOTAL SOURCES
0
0
1,554
0 0 0 0 0 0
1,554
Project Location -7 y
GIs
ollia
410 2012 2017 Capital Improvement Program 89
Y rcc�ur
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410 2012 2017 Capital Improvement Program 89
SUPPLEMENTAL AGREEMENT NUMBER 14
TO
CONSULTANT AGREEMENT NUMBER 06 -019
THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, herein -after referred to as "the City and IBI Groum hereinafter referred to as "the
Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified.
The City desires to supplement the agreement entered into with the Consultant and executed on,
February 23, 2006 and identified as Agreement No. 06 -019. All provisions in the basic
agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Scope of Services, is hereby changed to include work described in Exhibit A for
additional design work on the Andover Park West project.
2. Payment, shall be amended 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 $313,037 without express written modification of the Agreement signed
by the City. The maximum amount payable under this agreement as supplemented
inclusive of all fees and other costs is now $1,534,852.
3. Time for Performance, shall be amended as follows:
The Consultant shall perform all services and provide all work product required pursuant
to this Agreement by December 31, 2012, unless an extension of such time is granted in
writing by the City.
DATED this day of 20
CITY OF TUKWILA
Jim Haggerton, Mayor
CONSULTANT
By:
Printed Name:
Title:
411
412
City of Tukwila
ANDOVER PARK WEST IMP_ ROVEMENTS
PHASE 2: FINAL DESIGN
ANNAMMM
IBI
GROUP
413
IBI GROUP SCOPE OF WORK
PHASE2: FINAL DESIGN 1
Task 9: Project Management.... 1
Task 10: Stakeholder Coordination 2
Task 11: Construction Documents (60% and 100 3
Task12: Cost Estimates (60% and 100%). 5
PHASE 3: BID AND CONSTRUCTION SUPPORT OPTIONAL) 5
Task13: Bid Support 5
Task14: Construction Support...... 6
SCHEDULEAND FEE 6
November 11, 2011
414 Page i
IBI GROUP SCOPE OF WORK
City of Tukwila
ANDOVER PARK WEST IMPROVEMENTS
PHASE 2: FINAL DESIGN
PHASE 2: FINAL DESIGN
The objective of this Phase of the project is to develop final design documents (60% and 100 for
Andover Park West improvements that provide design documentation, cost information and
environmental and geotechnical information to the City that allows for future bidding of the project.
A work breakdown structure of five primary tasks has been developed for this Phase of the work,
covering in general:
1. Conduct and management of the work.
2. Preparation of stakeholder presentation materials and meeting summaries and
participation at meetings.
3. Review and assembly of relevant information and investigation, including geotechnical and
environmental appropriate to completing the design phase of the project.
4. Preparation of construction documents (60% and 100 plans and specifications
Construction cost estimate for Andover Park West Improvements (60% and 100
The following scope describes the work to be conducted, assumptions and deliverables to be
provided.
Task 9: Project Management
This task includes the day -to -day activities to be performed by the Consultant to manage and
administer the work and deliver quality work products that meet the needs of the City.
ASSUMPTION(S)
Primary project management coordination will be through the Consultant Project
Manager and City Project Manager.
All Consultant requests for meetings with City staff shall come from the Consultant
Project Manager. Such requests will be issued to the City Project Manager.
All sub consultant requests for meetings will be coordinated through the Consultant
Project Manager or Consultant Design Coordinator (the latter if a design related
issue).
Steps will be taken to schedule meetings as far ahead as reasonable to secure
participation of invitees, City assistance may be requested from time -to -time to
expedite design or information collection related meetings.
The City will be responsible for providing meeting space and issuing invites to City
staff and other stakeholders for all stakeholder and city council meetings and
presentations.
The Consultant will be responsible for all work products delivered, and commits to
providing staff and resources to complete the work in a timely manner.
November 11, 2011
IBI
GROUP
415
IBI GROUP SCOPE OF WORK
WORK ACTIVITIES
9.1 Contract Administration
This activity covers basic administration of the work including:
9.1.1 Preparation of a Project Schedule in MS Project, ongoing tracking of that
schedule, and reporting of any variances on a monthly basis. Issues identified
during the course of the work that have the potential to affect schedule will be
promptly identified for the City Project Manager (this is in addition to regular
monthly reporting).
9.1.2 Cost and staff time control.
9.1.3 Monthly client invoicing and project progress reporting (report to be included with
invoice).
9.1.4 Sub consultant administration.
9.2 Meetings and Coordination
This includes general coordination and project management meetings. Meeting and
coordination are expected to include the following, with the number of required
meetings determined when the overall schedule has been developed:
9.2.1 Monthly meetings with City staff.
9.2.2 Internal design team coordination meetings.
9.2.3 Bi- weekly client coordination calls and ad -hoc coordination.
9.3 Quality Control
9.3.1 All work products will be subject to internal quality review before issuance per
IBI Group quality control procedures.
DELIVERABLES
Project schedule
Invoices and monthly progress reports
Meeting agendas
Meeting notes
Task 10: Stakeholder Coordination
This task will continue the Stakeholder coordination efforts through final design by assisting the City
with communication with key stakeholders. Key stakeholders include the City project team, council
committees, review boards and commissions and adjacent property owners. In each case, the
Consultant will prepare one set of presentation materials for all stakeholder workshops and
generate notes /documentation of the outcomes.
ASSUMPTION(S)
The City will be responsible for publicizing stakeholder meetings and for arranging
meeting logistics.
The Consultant will be responsible for producing one set of stakeholder meeting
presentation materials, and for producing meeting notes for the stakeholder meeting.
November 11, 2011
Page 2
M
IBI GROUP SCOPE OF WORK
WORK ACTIVITIES
10.1 Preparation for Stakeholder Workshops
10.1.1 Stakeholder meeting agendas will be developed through collaborative planning
sessions involving the City Project Manager, Consultant Project Manager, and
other key staff.
10.1.2The Consultant will prepare one set of graphics and a rendering for the
stakeholder meetings. The graphics prepared will reflect the Draft Final Design.
10.2 Documentation of Stakeholder Workshops
10.2.1 The Consultant will provide the City with copies of meeting materials and
meeting notes for all stakeholder events (paper and electronic).
DELIVERABLE(S)
One set of stakeholder meeting graphic materials and rendering.
Stakeholder meeting notes /documentation.
Task 11: Construction Documents (60% and 100
This task will include the design development (60 and final (100 design plans and
specifications for civil, urban design, landscape architecture, ITS /communications and electrical
systems.
ASSUMPTION(S)
A Value Engineering Study is not anticipated as part of the work.
Per conversations with the City, the previously scoped Phase 1 B work that included
sewer line improvements is no longer required. This work has been removed from
this phase of the scope and fee.
Information will be prepared in CSI format for Lump Sum bidding. City shall provide
Contract boilerplate, and Divisions 0, and 1, and all City General Special Provisions
in this format.
Proposed contours are not included for the Plans. All grading information will be
conveyed with typical section and control line profile.
Storm water runoff assessment and report will be based upon 2009 King County
Surface Water Design Manual and will follow requirements of the City. Stormwater
assessment shall include areas disturbed with the Tukwila Transit Center project.
Water quality and detention facilities, if required, will be designed to address needs
for both projects.
City shall lead public outreach effort to coordinate utility service transfer issues with
all adjacent properties.
Structural design and layout of retaining walls for roadway excavation is not included
within this work.
Waterline improvement plan details will include only special details necessary for the
work. City and State standard plans are not included within the planset. City and
State standard plans will be referenced only within the Plans. Contract specifications
may include City and State standard plans within appendix.
November 11, 2011
Page 3
417
IBI GROUP SCOPE OF WORK
WORK ACTIVITIES
11.1 Civil
11.1.1 The Consultant will develop final design documents covering drainage facilities.
Work includes storm drainage technical report showing tributary areas and
calculations for required detention and water quality. Report will loosely follow
King County report format, but will be abridged, and will not include assessment
of downstream analysis, offsite analysis, Construction stormwater pollution
prevention worksheet forms, dedication and indemnification clause, bond
quantities, or any covenants or easements.
11.1.2The final design for utilities will include relocation and new utility services that
may be required for project. These include both public utilities being disturbed as
well as private utilities requiring relocation.
11.1.3The final design for roadway improvements for widening to accommodate five
(5) lanes and two -inch asphalt grind and overlay, including design of grading and
pavement markings for the speed table at the intersection with Baker. Plans
include removal plan, typical sections paving plans, channelization plans and
temporary erosion control plans.
11.1.4Waterline Design: the Consultant shall develop final plans from schematic water
main design to replace the existing eight -inch waterline with a 12 -inch waterline.
The design shall include proposed service connections to existing services, fire
hydrant placement, service connections, and other necessary appurtenances.
The design shall include critical construction staging sequences. Plans shall
include plan and profile, and miscellaneous detail sheets as necessary. Work
shall also include cost estimate and contract specifications.
11.1.5 Sewer Line: this work is no longer required and has been removed from this
project.
11.2 Landscape Design
11.2.1 Final landscape design documentation will be developed for the roadway.
11.3 Urban Design
11.3.1 The Consultant will develop final urban design project site plans and details
including for the Streetscape Design for Andover Park West.
11.4 Electrical
11.4.1 The Consultant will develop final designs for site electrical power service and
distribution, and receptacle locations. The Consultant will coordinate any
required discussions between the City, service utility, and design team members
to determine power availability and access.
11.4.2The Consultant will develop a final design lighting plans and coordinate lighting
system standards with the City.
11.5 ITS /Signals
11.5.1 The Consultant will develop final designs for communication system
requirements to maintain the existing signalized intersections and provide for
future ITS requirements through installation of conduit.
November 11. 2011
Page 4
i l
IBI GROUP SCOPE OF WORK
DELIVERABLE(S)
Design Development (60 documentation submittal for all disciplines.
Buoyancy calculations shall be included under separate cover.
Final Design (100 ready- for -bid design documentation submittal for all disciplines.
Cost estimates will be developed for the 60% and 100% submittals with a level of accuracy
commensurate with the level of design. The cost estimates will include the cost of construction for
the design and include any potential risks that have been identified as a result of the conceptual
engineering and design tasks. The cost estimate will be subdivided into costs for each of the
disciplines listed below.
ASSUMPTIONS)
Information will be prepared in CSI format for Lump Sum bidding.
WORK ACTIVITIES
12.1 60% Cost Estimating
12.1.1 The Consultant will develop a 60% cost estimate based on the civil, landscape,
urban, ITS /Communications, mechanical and electrical design.
12.2 100% Cost Estimating
12.2.1 The Consultant will develop a 100% cost estimate based on the civil, landscape,
urban, ITS /Communications /Signals, and electrical design.
DELIVERABLE(S)
Lump sum construction cost estimates for 60% and 100% documentation.
PHASE 3: BID AND CONSTRUCTION SUPPORT (OPTIONAL)
Task 13: Bid Support
ASSUMPTIONS)
The City will be responsible for all aspects of the procurement not spelled out
specifically below.
No Conformed set of documents (including addenda) will be prepared.
No budget is included for this work. Final Budget and Scope will be determined at a
later date.
DELIVERABLE(S)
13.1 The Consultant will make a "camera ready" or digital record of the Final bid documents
available to the City for their use in the copying and dispersal of documents to
prospective bidders.
13.2 The Consultant will respond to bidder questions forwarded by the City with Addenda
information in the form of text and drawings necessary and appropriate to obtain bids.
November 11, 2011
Page 5
419
IBI GROUP SCOPE OF WORK
ASSUMPTION(S)
The City will retain personnel as required to manage the day to day administration of
the construction.
No budget is included for this work. Final Budget and Scope will be determined at a
later date.
DELIVERABLE(S)
14.1 The Consultant shall provide the following:
Review and comment on submittals.
Review and comment on requests for information.
Review and respond to owner questions.
Issue clarifications, including supplemental drawings.
Maintain a log of all submittals, requests for information, owner questions,
supplemental drawings and issued clarifications.
The consultants will make site visits to review progress.
SCHEDULE AND FEE
Phase 2 work will begin upon completion of Phases 1A and 1 B. Phase 3 work will be refined
during Phase 2 work and finalized with the City prior to the development of a fee proposal. In
order to meet strict City budgeting requirements, this work will be split into two discrete
budgets for the roadway improvements and waterline replacement. These efforts will be
shown clearly on invoicing under the correct City budget line items.
The fee for the project has been prepared for the tasks outlined in this document for Phase 2.
The estimated fee for the work is summarized below:
Phase 2 Roadway Improvements:
Phase 2 Waterline Replacement
November 11, 2011
$167,693
$145,344
Page 6
I
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Transportation Committee Minutes
November2l, 2011 —Paae2
Statewide Transportation Enhancement Program. This is Washington State Department of Transportation
Grant in the amount of $500,000. The City applied for the grant in July 2010, and was awarded funding in
2011. No matching funds are required. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
D. Tukwila Urban Center Pedestrian /Bicycle Bridle: Supplemental Agreement No. 9 with KPFF
Staff is seeking Council approval for Supplemental Agreement No. 9 of Contract No. 07 -123 with KPFF
Consulting Engineers in the amount of $1,367,580.11 to:
Complete design and environmental permitting for the Tukwila Urban Center
Pedestrian/Bicycle Bridge
Design of a new pedestrian signal across West Valley Highway
Trail design connecting bridge users to the Tukwila Longacres Sounder Station
Design along Baker Boulevard to add bike lanes and on- street parking
KPFF conducted the Type, Size and Location (TSL) study and resulting report for the Pedestrian /Bicycle
Bridge. Funding for the Supplemental Agreement will come from the grants described in Item C above,
including matching funds. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR
DISCUSSION.
E. Tukwila Urban Center Transit Center Supplemental Agreement No. 13 with IBI Group
Staff is seeking Council approval for Supplemental Agreement No. 13 with the IBI Group for completion of
the final design and PS &E documents for the Tukwila Urban Center Transit Center in the amount of
$429,000.
Funding for this Supplemental Agreement will come from the TOD grant and the WSDOT Regional
Mobility grant. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR
DISCUSSION.
F. Andover Park West Street Water Improvements Supplement No. 14 with IBI Grout)
Staff is seeking Council approval for Supplemental Agreement No. 14 with the IBI Group for completion of
the final design and PS &E documents for the Andover Park West widening and water main replacement in
the amount of $313,037 (widening $167,693 water main $145,344).
Funding for this Supplemental Agreement will come from mitigation and traffic impact fees. The City was
recently awarded $1,420.000 in grant funds for construction from the State Transportation Improvement
Board. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
G. Ordinance: Tukwila Urban Center Transit Center
Staff is seeking Council approval to acquire property /condemnation authority as required for right -of -way
and easements need for the Tukwila Urban Transit Center Project as follows:
One right -of -way dedication
Three temporary construction easements
One permanent easement
It is standard for City staff to request condemnation authority at the beginning of a property acquisition
process for public projects. Although it is highly unlikely that any parcel of land within this area will
require condemnation, establishing the ordinance prepares the City for condemnation proceedings, if
required. Four parcels with three separate owners are included in the project area. The agenda packet
provides specific details on ownership. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
423
424
CO UNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by Mayor's review Council review
11/28/11 BG 1 WXC
12/05/11 BG 4.0.
ITEM INFORMATION
CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINA], AGENDA DATE: 11/28/11
AGENDA ITEMTITI-r_. Tukwila Urban Center Transit Center Ordinance for Acquisition of Right -of -Way,
Permanent Easements, and Temporary Construction Easements
CATEGORY N Discussion Motion Resolution N Ordinance .Bid Award Public Hearing ❑Other
Mtg Date 11/28/11 Mt g Date Mtg Date Mtg Date 12/05/11 Mt Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PAR E] Police N PW
SPONSOR'S The final design of the Transit Center is underway and construction is scheduled to begin in
SUMMARY 2012. This Ordinance provides the authority to acquire the needed property for the Transit
Center and includes acquisition of right -of -way, permanent easements, and temporary
construction easements. Four parcels are being impacted. Council is being asked to
approve the Ordinance authorizing acquisition of the properties for the Transit Center.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte N Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/21/11 COMMITTEE CHAIR .LOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COM.MI1 "T17B Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 104 ARTERIAL STREETS (NEW PAGE 16, PROPOSED 2012 CIP)
Comments:
MTG. DATE
11/28/11
12/05/11
I MTG. DATE
11/28/11
12/05/11
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 11/18/11
Draft Ordinance with Exhibits
Minutes from the Transportation Committee meeting of 11/21/11
425
426
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
FROM
DATE:
Mayor Haggerton
Transportation Committee
Bob Giberson, Public Works Director 4-W
November 18, 2011
SUBJECT: Tukwila Urban Center Transit Center, Project No. 90610402
Ordinance for Acquisition of Right -of -Way, Permanent Easements and
Temporary Construction Easements
ISSUE
Approve Ordinance to acquire property for the Tukwila Urban Center Transit Center Project.
DISCUSSION
Final design for Tukwila Urban Center Transit Center is underway. Right -of -way is needed along
the project in order to construct the proposed improvements. A permanent easement from
Westfield Mall is necessary and the parking variance granted to Westfield covers most of the
easement area. Some additional easement area is required to allow for the fully expanded
Transit Center. Four temporary construction easements and one dedication of right -of -way are
also necessary. The project is scheduled for advertisement in mid -2012 in accordance with the
Transit Mobility Grant, once the right -of -way (ROW) is secured. The details are shown in the
following table with approximate property square footage:
Parcel Nos. 'Owners
Parcel G, BSP
Temporary Permanent
ROW Required; Construction Easement Easement
(SF) Required (sf) Required (sf)
#L10 -032
:WEA Southcenter (Firestone
1,817
Parcels A G,
BSP #L10 -032
;WEA Southcenter
6,119 18,318
0226100010
:Open Frame, LLC (Calif Pizza) ......_s ......................6 ,429
2,121
0223100075
OB Fife Property Il, LLC (Acura)
891
The attached ordinance provides the authority to acquire the needed property. As with previous
projects that have involved acquiring additional property, the City will do everything within its
power to work cooperatively with the property owners. However, should the City not be
successful in these efforts, condemnation of the property would be required. Letters have been
mailed to the owners notifying them of this potential condemnation and the Council's schedule
for ordinance approval.
RECOMMENDATION
Approve Ordinance authorizing acquisition of the properties for completion of the TUC Transit
Center and consider this item at the November 28, 2011 Committee of the Whole and
subsequent December 5, 2011 Regular meetings.
Attachment: Ordinance with legal descriptions and maps
WAPW Eng \PROJECTS\A- RW RS Projects \06RW02 Transit Center \INFO MEMO ROW Ordinance 11- 18- 11.docx
427
El PSI
1"Al
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING
FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE
PURPOSE OF COMPLETING THE TUKWILA TRANSIT
CENTER PROJECT; PROVIDING FOR CONDEMNATION,
APPROPRIATION, TAKING OF LAND AND PROPERTY
RIGHTS NECESSARY THEREFORE; PROVIDING FOR
PAYMENT THEREOF, AND DIRECTING THE INITIATION OF
APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED
BY LAW FOR SAID CONDEMNATION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on December 6, 2010, the City Council adopted the 2011 -2016 Capital
Improvement Program (CIP), by Resolution No. 1730; and
WHEREAS, on December 5, 2005, the City Council amended the Transportation
Element of the Comprehensive Plan, by Ordinance No. 2108, which included the
Tukwila Urban Center Transit Center Project as a high priority project necessary to
provide quality transit service and complement adjacent land uses; and
WHEREAS, the City Council has found that the public health, safety, necessity and
convenience demand that said project be undertaken at this time and that in order to
carry out the project it is necessary at this time for the City to acquire interests and
rights to the properties described herein; and
WHEREAS, the City Council finds and declares it necessary and in the best interest
of the public that interests in the land and property rights hereinafter described be
condemned, appropriated, and taken for public use, subject to the making or paying of
just compensation to the owners thereof in the manner provided by law; and
WHEREAS, notice of the planned final action was handled in accordance with
RCW 8.25.290 to include publication in "The Seattle Times" and "Daily Journal of
Commerce" on November 21 and November 28, 2011;
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429
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The land and property rights within the City of Tukwila, King County,
Washington, commonly known as a portion of Andover Park West near Baker
Boulevard and further described in the attached Exhibits A through D, are necessary for
construction of the Tukwila Urban Center Transit Center Project described above,
subject to making or paying just compensation to the owners thereof in the manner
provided by law.
Section 2. The City of Tukwila specifically finds construction of the project to be a
public use, specifically the lengthening of the existing bus pull -out on the west side of
Andover Park West, widening a portion of Andover Park West to accommodate a new
bus pull -out, and construction of an improved on- street transit center including the
improvement or installation of custom bus shelters, street furniture, pedestrian plazas,
and the related construction or addition of curb, gutter and sidewalk, signalization,
illumination, landscaping, irrigation, storm drainage and storm detention. The City
Council specifically finds construction of the project to be necessary and in the best
interests of the citizens.
Section 3. The cost and expense of acquiring said property rights shall be paid
from the 2011 -2013 Regional Mobility Grant awarded to the City of Tukwila by the
Washington State Department of Transportation, from general funds of the City of
Tukwila, and from other monies applicable thereto that the City may have available or
may obtain. The Director of the Public Works Department or his designee is hereby
authorized to negotiate with and make offers to the owners of said land or property for
the purposes of making or paying just compensation, and to approve the payment of
just compensation as negotiated with said owners or as ordered by the Court.
Section 4. In the absence of negotiated purchases with the affected property
owners, the City Attorney is hereby authorized and directed to undertake proceedings
provided by law to condemn, appropriate, and take the property necessary to carry out
the provisions of this ordinance. The City Attorney is further authorized to approve and
enter into any and all such agreements, stipulations, and orders necessary to carry out
the provisions of this ordinance, including for the payment of just compensation as
agreed to with the property owners or as ordered by the Court.
Section 5. 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 6. 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
W: Word Processing \Ordinances\Aquisition of land- Transit Center project 11 -16 -11
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BU
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 7. 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 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Attachments:
Exhibit A
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Andover Park West Right -of -Way Take Legal Description and Map
Northbound Transit Temporary Construction Easement Legal Description and Map
Exhibit B
Southbound Transit Easement Legal Description
Southbound Transit Center Temporary Construction Easement Legal Description and
Map (2 pages)
Exhibit C Canopy Easement Legal Description and Map
Exhibit D Temporary Construction Easement Legal Description and Map
W: Word Processing \Ordinances\Nquisition of land- Transit Center project 11 -16 -11
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Page 3 of 3
431
432
EXHIBIT A
City of Tukwila
Tax Parcel No. 0223 1000010
Andover Park West Right of Way Take
That portion of Lot 2 of City of Tukwila Boundary Line Adjustment No. L05 -025, recorded under
Recording No. 20050928900006, records of King County, Washington, described as follows:
Commencing at the northwest corner of said Lot 2;
Thence South 00° 11'38" East, along the west line thereof and the east margin of Andover Park West, a
distance of 12.04 feet to the POINT OF BEGINNING;
Thence continuing along said east margin through the following courses:
South 00 °11'38" East a distance of 23.21 feet;
Thence South 89 °48'22" West a distance of 5.50 feet;
Thence South 009 1'38" East a distance of 250.50 feet to the beginning of a tangent curve concave to the
northeast and having a radius of 50.00 feet;
Thence southeasterly along the are of said curve through a central angle of 55 °28'55" a distance of 48.42
feet;
Thence leaving said east margin, North 00 °11'38" West a distance of 314.91 feet;
Thence South 89 °48'22" West a distance of 16.17 feet to the POINT OF BEGINNING.
Situate in the City of Tukwila, County of King, State of Washington,
The above described easement areas contain 6,429 square feet, more or less.
B
Al. L A1
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EXHIBIT MAP I PAR 0 223100020
TUKWILA TRANSIT CENTER NW COR. LOT 2
ANDOVER PARK WEST POB P L35
RIGHT OF WAY TAKE CONC. DR.
o)
PARCEL 0223100010
LINE TABLE
LINE I BEARING I LENGTH
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L34 S00'11'38 "E1 12.04
L351 S89'48'22 "Wi 16.17
L36 S00'1 1'38 "E 1 23.21 mo o,
L371 S89'48'22 "Wi 5.50 P Q-�
CURVE TABLE
i CURVE i LENGTH i RADIUS i DELTA
C211 48.421 50.001 55'28'55"
ASPH.
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AREA OF RIGHT OF WAY TAKE
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EXHIBIT MAP
TUKWILA TRANSIT CENTER
ANDOVER PARK WEST
RIGHT OF WAY TAKE
I CURVE TABLE I
I CURVE I LENGTH RADIUS 1 DELTA
I C211 48.42 50.001 55
AREA OF RIGHT OF WAY TAKE
nlh It
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PAR 0223100020
I_NW COR. LOT 2
POB—
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137
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L34
S00'1 1'38 "E
12.04
L351
S89'48'22 "W I
16.17
L361
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23.21
L371
S89'48'22 "WI
5.50
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I CURVE I LENGTH RADIUS 1 DELTA
I C211 48.42 50.001 55
AREA OF RIGHT OF WAY TAKE
nlh It
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PAR 0223100020
I_NW COR. LOT 2
POB—
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11255 Kirkland Way, Suite 300
Kirkland, WA 98033
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PACE FILE: DATE: /11 B FW
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PROJ. NO.: 09603.13
435
City of Tukwila
Tax. Parcel No. 02231000010
Northbound Transit Temporary Construction Easement. Description
That portion of Lot 2 of City of Tukwila Boundary Line AdjIustnient No. L05 -025, recorded under
Recording No. 20050928900006, records of K ing County, Washington, described as follows:
Commencing at the northwest corner of said Lot 2;
Thence South 00 °I 1'38" East, along the west line thereof and the east margin of Andover Park West, a
distance of 12.04 feet to the POINT OF BEGINNING of the easement herein described;
Thence North 89 °48'22" East:, at right angles to said east margin, a distance of 16.1.7 .feet;
Thence South 00 °11'38" East, parallel with the west line of said Lot 2 and east margin of Andover Park
West a distance of 31.4.91 feet to the south line of said Lot 2, and the beginning of a non- tangent curve
concave to the northeast from which the radius point bears North 34'19'27" East a distance of 50.00 feet;
Thence southeasterly along the arc of. said curve through a central angle of 32 °45'54" a distance of 28.59
feet;
Thence North 00 °.1.7'29" East a distance of 20.00 feet;
Thence North 89 °42'31 West, parallel with said south line of Lot 2 a distance of 3.39 feet to the
beginning: of a tangent curve concave to the northeast and having a radius of 30.00 feet;
Thence northwesterly along the arc of said curve through a central angle of 38 °24'04" a distance of 20.1.1.
feet;
Thence North 00 °11'38" West, parallel with said west line of Lot 2 and east margin of Andover Park
West, a distance of 302.03 feet;
Thence South 89 °48'22" West, at right angles to said west line, a distance of 21.17 feet to said west line
of said Lot 2 and east margin of Andover Park West;
Thence South 00 °11'38" East, along said west line and east margin a distance. of 5.00 feet tothe POINT
OF BEGINNING.
Situate in the City of Tukwila, Countv of King, State of Washington,
The above described easement areas contain 2;121 square feet, more or less.
32
P:\1 \09603.13 Final Desigu\docsUl `Ilukivila Northbound Transit Tcmp Esint.doc
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EXHIBIT MAP I PAR 0223100020
TUKWILA TRANSIT CENTER I A �—N COR. LOT 2
NORTHBOUND TEMPORARY L35
CONSTRUCTION EASEMENT I L CONC. DR.
LINE TABLE PARCEL 0223100010
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LINE BEARING I LENGTH I 5.00'
L341 SOO 11'38 "E 1 12.041 U)
L351 S89'48'22 "W I 16.171 o
L361 S00 11'38 "E 1 23.211 I l
L37 S89'48'22 "WI 5.501
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L391 N89 "W I 3.391 I N y��'+
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1 C211 48.421 50.001 55 "1 I y Ct y /W/4
C221 20.111 30.001 38
C231 28.591 50.001 32
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EXHIBIT B
City of Tukwila
Parcel A and G— Binding Site Plan #L 10 -032
Tax Parcel No. 9202470010 and 9202470070
Southbound Transit Easement Description
That portion of Parcels A and G of City of Tukwila Binding Site Improvement Plan No. L10 -032,
recorded in volume 256 of Plats, Pages 1 through 9, under Recording No. 20101021000765, records of
King County, Washington, described as follows:
Commencing at the northeast corner of said Parcel G;
Thence North 00 °11'38" West along the east line of said Parcels G and A, and the west margin of
Andover Park West, a distance of 288.32 feet,
Thence South 89 °46'20" West a distance of 29.76 feet to the beginning of a tangent curve concave to the
south and having a radius of 125.00 feet;
Thence westerly along the arc of said curve through a central angle of 3 °47'32" a distance of 8.27 feet;
Thence South 009 1'3 8" East a distance of 14.75 feet to the beginning of a non tangent curve concave to
the south from which the center point bears South 05 0 48'17" East a distance of 95.00 feet;
Thence westerly along the arc of said curve through a central angle of 27'43'16" a distance of 45.96 feet;
Thence South 33 °53'21" East a distance of 35.87 feet to the beginning of a tangent curve concave to the
northeast and having a radius of 8.00 feet;
Thence southeasterly along the are of said curve through a central angle of 56 0 20'23" a distance of 7.87
feet;
Thence North 89 0 46'16" East a distance of 18.79 feet;
Thence South 00 0 04'14" East a distance of 219.23 feet;
Thence South 00'19'53" East a distance of 163.62 feet to the beginning of a tangent curve concave to the
east and having a radius of 8.25 feet;
Thence southerly along the arc of said curve through a central angle of 44 °07'53" a distance of 6.35 feet
to the beginning of a compound curve concave to the north and having a radius of 13.00 feet;
Thence easterly along the are of said curve through a central angle of 48 °2727" a distance of 10.99 feet;
Thence North 89 °48'22" East a distance of 23.40 feet to the east line of said Parcel A and west margin of
Andover Park West;
Thence North 00'11'38" West along said east line of Parcels A and G and west margin of Andover Park
West, a distance of 167.81 feet to the POINT OF BEGINNING.
Together with that portion of said Parcel A described as follows:
Commencing at northeast corner of said Parcel G;
Thence North 00° 11'38" West along the east lines of said Parcels G and A and said west margin of
Andover Park West, a distance of 317.54 feet to the POINT OF BEGINNING of the easement area herein
described;
Thence continuing North 00 °11'38" West along said east line of Parcel A and west margin, a distance of
36.26 feet;
Thence North 89'10'47" West a distance of 29.17 feet to the beginning of a tangent curve concave to the
southeast and having a radius of 1.80 feet;
Thence southwesterly along the arc of said curve through a central angle of 88 °21'16" a distance of 2.78
feet;
Thence South 02 °27'57" West a distance of 17.42 feet;
Thence South 00 °46'46" West a distance of 17.67 feet;
PAP09 \09603.13 Final Design \does \IBI Tukwila Southbound Transit Easement.doc
439
'['hence North 89'48'22" East a distance of 32.11 feet: to the :POINT OF BEGINNING;
Situate in the City of Tukwila, County of King, State of Washington
The above described easement areas contain 18.3 18 syuat'e feet, nun'e ut' Ies5.
v
V
PiT09 \09603.13 Final Design \does \B[ -Tukwila Southbound Transit Easement.doc
M
City of Tukwila
Parcel A and G Binding Site Plan #L10 -032
Tax Parcel No. 9202470010 and 9202470070
Southbound Transit Center Temporary Construction Easement Description
That portion of Parcels A and G of City of Tukwila Binding Site Improvement Plan No. L10 -032,
recorded in volume 256 of Plats, Pages 1 through 9, under Recording No. 20101021000765, records of
King County, Washington, described as follows:
Commencing at the northeast corner of said Parcel G;
Thence North 00 °11'38" West along the east line of said Parcels G and A, and the west margin of
Andover Park West, a distance of 288.32 feet to the POINT OF BEGINNING of the easement herein
described;
Thence South 89 °46'20" West a distance of 29.76 feet to the beginning of a tangent curve concave to the
south and having a radius of 125.00 feet;
Thence westerly along the arc of said curve through a central angle of 3 °47'32" a distance of 8.27 feet;
Thence South 00 °11'38" East a distance of 14.75 feet to the beginning of a non tangent curve concave to
the south from which the center point bears South 05'48'17 East a distance of 95.00 feet;
Thence westerly along the arc of said curve through a central angle of 27 a distance of 45.96 feet;
Thence South 33 °53'21" East a distance of 35.87 feet to the beginning of a tangent curve concave to the
northeast and having a radius of 8.00 feet;
Thence southeasterly along the arc of said curve through a central angle of 56 °20'23" a distance of 7.87
feet;
Thence North 89'46'16" East a distance of 18.79 feet;
Thence South 00'04'14" East a distance of 219.23 feet;
Thence South 00'19'53" East a distance of 163.62 feet to the beginning of a tangent curve concave to the
east and having a radius of 8.25 feet;
Thence southerly along the arc of said curve through a central angle of 44 °07'53" a distance of 6.35 feet
to the beginning of a compound curve concave to the north and having a radius of 13.00 feet;
Thence easterly along the arc of said curve through a central angle of 48 °27'27" a distance of 10.99 feet;
Thence North 89 °48'22" East a distance of 23.40 feet to said west margin of Andover Park West;
Thence South 00 °11'38" East along said west margin a distance of 5.00';
South 89 °48'22" West a distance of 23.40 feet to the beginning of a tangent curve concave to the
northeast and having a radius of 18.00 feet;
Thence northwesterly along the arc of said curve through a central angle of 48 °27'27" a distance of 15.22
feet to the beginning of a compound curve having a radius of 13.25 feet;
Thence northerly along the arc of said curve through a central angle of 44 °07'53" a distance of 10.21 feet
Feet;
Thence North 00 °19'53" West a distance of 6.27 feet;
Thence South 89 °40'07" West a distance of 4.00 feet;
Thence North 00 °19'53" West a distance of 15.88 feet;
Thence North 89 °40'07" East a distance of 4.00 feet;
Thence North 00 °19'53" West a distance of 112.51 feet;
Thence South 90 °00'00" West a distance of 13.00 feet;
Thence North 00 West a distance of 243.16 feet to the beginning of a non tangent curve concave
to the northeast from which the radius point bears North 00 °13'44" West a distance of 13.00 feet;
Thence northwesterly along the arc of said curve through a central angle of 56 °20'23" a distance of 12.78
feet;
PAP09 \09603.13 Final Design \docs\IBI Tukwila Southbound Temp Easement.doc
441
Thence no.r heasterly along the arc of said curve through a central angle of 2800'04" a distance of 411.87
feet;
Thence North 00'11 '38" West a distance of 14.60 feet to the beginning of a non tangent curve concave to
the south from which tile center point bears South 07 °28'49" East a distance of 130.00 feet;
Thence easterly along the arc of said curve through a central angle of 5 °48'36" a distance of 13.18 feet;
Thence North 89 °46'20" East a distance of 29.76 feet to said west margilt..of Andover Park West;
Thence South 00° 1 1'38" .F.,ast „along said west margin, a distance of 5:00 feet to the POINT OF
BEGINNING.
Together with that portion of said Parcel. A. described as follows;
Commencing at northeast corner of said Parcel G.;
Thence North 009 1.'3 8” West along the cast lines of said Parcels G and A and said west margin of
Andover Park West, a distance of 353.80 feet to the POINT OF BEGINNING of the easement area herein
described;
Thence North 8990'47" West a distance of 29.17 feet to the beginning. of a tangent curve concave to the
southeast and having a radius of 1.80 feet;
Thence southwesterly along the arc of said curve through a central angle of 88 °21'16" a distance of 2.78
feet;
Thence South 02 °27'57" West a distance of 17.42 feet;
Thence South 00 °46'46" West a distance of 17.67 feet;
Thence North 89 °48'22" East a distance of.32.11 feet to said west margin of Andover Park West;
Thence South 00°11'38" East along said west margin a distance of 5.00 feet;
Thence South 89 °48'22" West a distance of 37.1.9 feet;
Thence North 00 °46'46" East a distance of 22.75 feet;
Thence North 02 °27'57" East a distance of 17.42 feet to the beginning of a tangent curve concave to the
southeast and having a. radius of 6.80 feet;
Thence southwesterly along the are of said curve through a central angle of 88 °21'16" a distance of 10.49
feet;
Thence South 8.9" 10'47" East a distance of 29.08 feet to said west margin of Andover Park West;
Thence South 009 1'38" East along said west margin a distance of 5.00 feet to the POINT OF
BEGINNING;
Situate in. the City of Tukwila, County of King, State of Washington,
The above described easement areas contain 6,809 square feet, more or less.
P'U \09603.13 Final DesignWocsllBI -Tukwila Southbound Temp Easement.doc
i i A
32429
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PAGE 1
EXHIBIT MAP
TUKWILA TRANSIT CENTER EASEMENT
WESTFIELD PARCEL
CONTINUED ON PAGE 2
LINE TABLE I
M
LINE I BEARING I LENGTH 1
L21 S00'11'38 "E1 14.751 N
L3 S33'53'21 "E I 35.87 CC o/ o� q r2
L41 N89'46'16 "EI 18.791
L71 N00'11'38 "W1 36.261 W
L81 N89'10'47 "W I 29.171
L91 S02'27'57 "W I 17.421 UZ- c �x I a I
L101 S00'46'46 "W 1 17.671
1 L121 S89'46'20 "W I 29.761 Q-
I L131 N89'48'22 "EI 23.401
L14 N89'48'22 "E 32.111
L151 N89'46'20 "E I 29.761 E
L161 N00'1 1'38 "W I 14.601 30'
I L171 N33'53'21 "WI 40.781 301
L18 S89'46'16 "WI 13.771
L19 S89'59'26 "WI 12.011 EL G L 2� AREA
L20I SOD'00'00 "E 1 21.871 PRG
1 L211 N89'59'37 "El 3.66 P 5.0' TYP.
I L221 SO4'20'21 "EI 63.36
L231 S00'00'34 "W I 53.58 f
N co
L241 590'00'00 "W I 13.00 w
1 L251 N89'40'07 "E 1 4.00 00
L261 N00'19'53 "W I 15.88 N� N l l I I t j
L271 S89'40'07 "WI 4.00
L281 N00'19'53 "W I 6.27 0
L291 589'48'22 "WI 23.40 Z
1 L301 S89'1 0'47 "E 1 29.081 1 Q
L311 NO2'27'57 "E 1 17.42 1 0
Z
L321 S00'46'46 "WI 22.75 a QC
I L331 S89'48'22 "WI 37.19 0 L ',o 1 'I
N Q
SEE PAGE 2 FOR CURVE TABLE Q L2
Z
N L i/
C7
TRANSIT EASEMENT
PA RCEL
CI8- L2
TEMPORARY. CONSTRUCTION EASEMENT
C8 I I
30.00
11255 Kirkland Way, Suite 300
Kirkland, WA 98033
rP ACE p. 425.827.20141 f. 425.827.5043
Civil I Structural I Planning I Survey
An Engineering Services Company paceengrs.com
SCALE: 1" 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 11/15/11 BY: FW
PROJ. NO.: 09603,13
443
EXHIBIT MAP
TUKWILA TRANSIT CENTER EASEMENT
WESTFIELD PARCEL
LEGEND:
HORIZONTAL DATUM CITY OF TUKWILA
BINDING SITE IMPROVEMENT PLAN NO. L10 -032
NEW TRANSIT EASEMENT HATCHED AREAS
BSIP PARCEL LINES
CENTERLINE
RIGHT OF WAY LINE
11l
a C20 A
.J
J
C14ti
PAGE 2
30.00 i4.50'—
1
-L7
POB
NORTHI
AREA BAKER
30.00'
L
30.00
",I:\ to
l
04 col
c,
I Q
�Z7
CONTINUED FROM PAGE 1
r PACE 112 55 Kirkland Way, Suite 300
Kirkland, WA 98033
p. 425.827.20141 f. 425.827.5043
v 11 Structural P,. lanning ...nin- g-- 1
1 1 P Survey
An Engineering Services Company paceengrs.com
SCALE: 1" 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 11/15/11 BY: FW
PROJ. NO.: 09603.13
CURVE
TABLE
I
CURVE I
LENGTH I
RADIUS I
DELTA 1
C31
45.961
95.001
27'43'16" I
C4
7.87
8.001
56'20'23 "1
C7
6.35
8.251
44'07'53 "1
C81
10.991
13.001
48
C111
2.781
1.801
88'21'16 "1
C141
8.271
125.001
3'47'32 "1
C151
13.181
130.001
5
C161
48.871
100-001
28'00'04" 1
C171
12.781
13.001
56'20'23 "1
C181
10.211
13.251
44
C191
15.221
18.001
48
C201
10.491
6.801
88
LEGEND:
HORIZONTAL DATUM CITY OF TUKWILA
BINDING SITE IMPROVEMENT PLAN NO. L10 -032
NEW TRANSIT EASEMENT HATCHED AREAS
BSIP PARCEL LINES
CENTERLINE
RIGHT OF WAY LINE
11l
a C20 A
.J
J
C14ti
PAGE 2
30.00 i4.50'—
1
-L7
POB
NORTHI
AREA BAKER
30.00'
L
30.00
",I:\ to
l
04 col
c,
I Q
�Z7
CONTINUED FROM PAGE 1
r PACE 112 55 Kirkland Way, Suite 300
Kirkland, WA 98033
p. 425.827.20141 f. 425.827.5043
v 11 Structural P,. lanning ...nin- g-- 1
1 1 P Survey
An Engineering Services Company paceengrs.com
SCALE: 1" 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 11/15/11 BY: FW
PROJ. NO.: 09603.13
EXHIBIT C
City of Tukwila
Parcels A and G Binding Site Plan #1,10 -032
Tax Parcel No.'s 9202470010 and 9202470070
Canopy Easement Description
That portion of Parcels A and G of City of Tukwila Binding Site Improvement Plan No. 1,10 -032
recorded in volume 256 of Plats, Pages 1 through 9, under Recording No. 2010 [021000765, records of
King County, Washington, described as follows:
Commencing at the northeast corner of said Parcel G;
Thence South 00 °11'38" East along the east line thereof and the west margin of Andover Park. West a
distance of 42.73 feet to the POINT OF BEGINNING;
Thence continuing South 00 °11'38" East along said west margin a distance of 68.17 .feet;
Thence North 89 54'34" West a distance of 62.85 feet;
Thence North 00 1.9'59" East a distance of 68.15 feet;
Thence South 89 56'07" East a distance of 62.27 feet; to the POINT OF BEGINNING.
Situate in the City of Tukwila, County of King, State of Washington,
The above described easement areas contain 4,264 square feet, more or less
PAP09t09603.13 Final Design[ mIJBI -Tukwila Canopy EasementIdoc
445
EXHIBIT MAP
FIRESTONE CANOPY EASEMENT
PARCEL G BSIP L10 -032
I
NE COR.
PARCEL G j
CANOPY 1
N89'56'07 "W 62.27' �II
7 r
POB
W
0 0 o
�I
N lO
ww
rn
o 56'31"
o C'm 45.00'
0 ,y 2.31'
Z 11 z f
J 1
N89'54'34 "W 62.85
I'
PARCEL G
WEA SOUTHCEN
30 00'
I
a
N
M
w
00
0
0
Ln
LLC BSIP
L 249/77 -84 30. )0'
PARC A
LEGEND:
HORIZONTAL DATUM CITY OF TUKWILA
BINDING SITE IMPROVEMENT PLAN NO.
L10 -032
NEW CANOPY EASEMENT HATCHED AREA
W
W
O
Q
i
i
Ij
i
i
i
i
BSIP PARCEL LINES
CENTERLINE
RIGHT OF WAY LINE
SCALE: 1" 30' rPACE
DATE: 11/15/11
BY: FW An Engineering Services Company
PROJ. NO.: 09603.13
11255 Kirkland Way, Suite 300
Kirkland, WA 98033
p. 425.827.2014 1 f. 425.827.5043
Civil I Structural I Planning I Survey
paceengrs.com
iii
EXHIBIT D
City of Tukwila
Tax Parcel No. 0223100075
Temporary Construction Easement Description
That portion of Tract 7, Andover Industrial .Park No. 2, according to the plat thereof recorded in Volume
71 of Plats, Page 68, in King County, Washington, lying north of a line drawn parallel with the south line
of Baker Boulevard, and 459 feet south thereof, and more particularly described as follows:
Commencing at the southwest corner of said parcel;
Thence North 00° l 1.'38" West, along the west line of said parcel and east margin of Andover Park West, a
distance of 396.59 feet;
Thence North 89 48'22" East, at right angles to said east .margin, a distance of 10.00 feet to the east line
of an existing 10.00 wide easement as shown on said plat, and the POINT O.F .BEGINNING of the
easement herein described;
Thence continuing North 89 °48'22" East a distance of 5.00 :feet;
Thence North 00 l 1'38" West, parallel with said margin, a distance of 12.69 feet to the beginning of a
tangent curve concave to the southeast and having a radius of 35.00 .f.'eet;
Thence northeasterly along.the are of said curve through a central angle of 90 °29'07" a distance of 55.27
feet;
Thence.South 89 42'31" East, parallel with the south margin of said Baker Street,, a distance of 106.48
feet;
"Thence North 00 °17'29" East, at right angle to the south line of said Balser Street, a distance of 5.00 feet
to the south line of said existing easement;
Thence along said easement line, and parallel with said south and east margins, through the following
courses:
North 89°42'31" West a distance of 106.4.8 feet to the beginning of a tangent curve concave to the
southeast and having a radius of 40.00 feet;
Thence southwesterly along the are of said curve through a central angle of 90 0 29'07" a distance of 63.17
feet;
Thence South 00 °11'38" East a distance of 12.69 feet to the POINT OF BEGINNING.
Situate in the City of Tukwila, County of ling, State of Washington,
The above described easement areas contain 891 square feet, More or less.
PATIM09603.13 Final Design\does \1131 Tukwila Temporary Construction Esmt.doc
447
EXHIBIT MAP
TUKWILA TRANSIT
TEMPORARY CONSTRUCTION EASEMENT
o
BAKER o S89 "E
BLVD. o =so 29'07" 'g
x=40.00' o
L= 63.17' M
30.00'
106.48'
N00'17'29 "E
A
=90'29 07 I I 0 5.00'
POB -1 R= 35.00' vi
L= 55.27'
UJI i 2.69' 9 I PARCEL 02231000751
30.00
ICI' 5 822 E
00' Z
3 N89 "E
10.00'
0 M m EXISTING
0 0 EASEMENT
Zt a,
o PER PLAT
I I�
Q Z CAR LOT
SW CORNER
tx z.--
PARCEL
SCALE: 1 50'
FILE: \EASEMENT EXHIBIT.DWG
DATE: 11/11/11 BY: FW
PROJ. NO.: 09603.13
11255 Kirkland Way, Suite 300
Kirkland, WA 98033
PACE p. 425.827.2014 I f. 425.827
Civil I Structural I Planning I Survey
An Engineering Services Company paceengrs.com
i i
Transportation Committee Minutes
November 21, 2011— Pape 2
Statewide Transportation Enhancement Program. This is Washington State Department of Transportation
Grant in the amount of $500,000. The City applied for the grant in July 2010, and was awarded funding in
2011. No matching funds are required. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
D. Tukwila Urban Center Pedestrian Bicvcle Bridge: Supplemental Agreement No. 9 with KPFF
Staff is seeking Council approval for Supplemental Agreement No. 9 of Contract No. 07 -123 with KPFF
Consulting Engineers in the amount of $1,367,580.11 to:
Complete design and environmental permitting for the Tukwila Urban Center
Pedestrian/Bicycle Bridge
Design of a new pedestrian signal across West Valley Highway
Trail design connecting bridge users to the Tukwila Longacres Sounder Station
Design along Baker Boulevard to add bike lanes and on- street parking
KPFF conducted the Type, Size and Location (TSL) study and resulting report for the Pedestrian /Bicycle
Bridge. Funding for the Supplemental Agreement will come from the grants described in Item C above,
including matching funds. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR
DISCUSSION.
E. Tukwila Urban Center Transit Center Supplemental Agreement No. 13 with IBI Grout')
Staff is seeking Council approval for Supplemental Agreement No. 13 with the IBI Group for completion of
the final design and PS &E documents for the Tukwila Urban Center Transit Center in the amount of
$429,000.
Funding for this Supplemental Agreement will come from the TOD grant and the WSDOT Regional
Mobility grant. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR
DISCUSSION.
F. Andover Park West Street Water Improvements Supplement No. 14 with IBI Group
Staff is seeking Council approval for Supplemental Agreement No. 14 with the IBI Group for completion of
the final design and PS &E documents for the Andover Park West widening and water main replacement in
the amount of $313,037 (widening $167,693 water main $145,344).
Funding for this Supplemental Agreement will come from mitigation and traffic impact fees. The City was
recently awarded $1,420.000 in grant funds for construction from the State Transportation Improvement
Board. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
G. Ordinance: Tukwila Urban Center Transit Center
Staff is seeking Council approval to acquire property /condemnation authority as required for right -of -way
and easements need for the Tukwila Urban Transit Center Project as follows:
One right -of -way dedication
N I--,' Three temporary construction easements
One permanent easement
It is standard for City staff to request condemnation authority at the beginning of a property acquisition
process for public projects. Although it is highly unlikely that any parcel of land within this area will
require condemnation, establishing the ordinance prepares the City for condemnation proceedings, if
required. Four parcels with three separate owners are included in the project area. The agenda packet
provides specific details on ownership. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28
COW FOR DISCUSSION.
M e
I
COUNCIL AGENDA SYNOPSIS
CAS NUMBER:
AGENDA ITEM TI "TLE
Initials
Meeting Date Prepared by Mayor's review
11/28/11 I BG ��&1f
12/05/11 B r
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON
Cote
ITEM NO.
ORI G INA], AGENDA DATE-: 11/28/11
Tukwila Urban Center Access (Klickitat)
Right -of -Way Transfer between WSDOT and Tukwila
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11 /28 /11 Alt Date 12/05/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance .Fire Legal PAR Police PIT/
SPONSOR'S With the completion of the TUC Access (Klickitat) Project, the Southcenter Parkway right
SUMMARY of -way needs to be ultimately turned back to Tukwila for maintenance responsibilities.
First, we must convey the ROW to WSDOT by Quit Claim Deed, which includes an after
acquired title clause (for ROW originally conveyed from Westfield Mall). Second, WSDOT
will adjust the limited access line and convey the entire ROW back to Tukwila by means of
the Turnback Agreement.
RI= w1EWED 13Y COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/21/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
C0M1\II "1 "TEFs Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDI"I'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 104 ARTERIAL STREETS (PAGE 13, PROPOSED 2012 CIP)
Conmwnts:
MTG. DATE 1 RECORD OF COUNCIL ACTION
11/28/11
12/05/11
MTG. DATE 1 ATTACHMENTS
11/28/11 Informational Memorandum dated 11/18/11
Letter of Understanding dated 4/5/10
Quit Claim Deed with After Acquired Title Clause from Tukwila to WSDOT
Turnback Agreement from WSDOT to Tukwila
Minutes from the Transportation Committee meeting of 11/21/11
12/05/11
451
452
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: November 18, 2011
SUBJECT: Tukwila Urban Center Access (Klickitat) Project
Project No. 98410419
ROW Transfer between Washington State Department of Transportation WSDOT) and Tukwila
ISSUE
Conveyance of Right -of -Way (ROW) to WSDOT and subsequent acceptance of ROW Turnback to Tukwila.
BACKGROUND
In April 2010, a Letter of Understanding (LOU) was signed by both Tukwila and WSDOT, which outlined the process of
how both agencies were intending to transfer ROW ownership and adjust the limited access lines along Southcenter
Parkway for the Klickitat Project. There are three components related to the LOU:
1) Tukwila is to convey a portion of the ROW dedicated by Westfield to WSDOT.
2) WSDOT will relocate the limited access lines from their current location to include the ROW conveyed by Tukwila.
3) WSDOT will then convey back to Tukwila all of the underlying ROW.
Southcenter Parkway will then be under the City of Tukwila's ROW for maintenance responsibilities.
DISCUSSION
The ROW dedication was conveyed to Tukwila from Westfield in June 2009 using one of the City's standard processes,
a Right -of -Way Dedication. It was our understanding that a Warranty Deed would convey the ROW to WSDOT. WSDOT
is unwilling to accept a Warranty Deed from the City as conveyance for the Westfield dedication since it was conveyed to
Tukwila through a Right -of -Way Dedication. Instead, WSDOT is requesting that the City execute a Quit Claim Deed to
convey the property. Staff and the City Attorney have been negotiating with WSDOT on the manner to best achieve this
property transfer. WSDOT and the Federal Highway Administration (FHWA) have indicated concurrence with this
approach.
The first step is to convey the necessary ROW to WSDOT using a Quit Claim Deed, including an after acquired title
clause. Council is being asked to authorize the Mayor to sign the Quit Claim Deed. The City Attorney will be requesting
Westfield to re- convey their ROW dedication using a Quit Claim Deed. It is this step that necessitates the after acquired
title clause.
In the second step, WSDOT will adjust the limited access line to include the property conveyed to WSDOT by Tukwila.
After this adjustment is executed, WSDOT will convey the entire ROW width on Southcenter Pkwy back to Tukwila. The
Council is being asked to authorize the Mayor to accept the ROW Turnback Agreement (as part of step 3).
RECOMMENDATION
Council is being asked to authorize the Mayor to sign the Quit Claim Deed to convey the ROW to WSDOT and also
authorize the Mayor to accept the ROW Turnback Agreement from WSDOT and consider this item at the November 28,
2011 Committee of the Whole and subsequent December 5, 2011 Regular Meeting.
Attachments: Letter of Understanding dated April 5, 2010
Quit Claim Deed with After Acquired Title Clause from Tukwila to WSDOT
Turnback Agreement from WSDOT to Tukwila
W: \PW Eng \PROJECTS\A- RW RS Projects \98410419 TUC Access (Klickitat) \INFORMATION MEMO -ROW Transfer 11- 15- 11.docx
453
454
L aty of Tukwila
6200 Southcenter Boulevard Tubvila, lashington 98188 Jirn Haggenon, Mayor
April 5, 2010
Russell S. East, P.E.
Assistant Regional Administrator for SnoKing
Washington State Department of Transportation
15700 Dayton Ave N, NB82 -101
PO Box 330310
Seattle, WA 98133 -9710
RE: Tukwila Urban Access Improvement Project
Letter of Understanding
Dear Mr. East:
Negotiations between the Washington State Department of Transportation WSDOT) and the City of
Tukwila (CITY) around the Tukwila Urban Access Improvement Project (PROJECT) have been
ongoing since 2005. Those discussions have resulted in this Letter of Understanding (LOU).
It is agreed by all parties that the following conditions, obligations, and requirements shall apply, and
that each party is bound by the following:
Issue
The CITY has taken lead on a roadway design project predominately along Southcenter Parkway.
While a portion of the PROJECT falls under Limited Access control, the larger corridor functions as a
CITY street. The CITY has acquired all necessary right -of -way (ROW) for the PROJECT; all new
ROW is currently under CITY ownership. The CITY has been coordinating with WSDOT for the
PROJECT design and is working toward finalization of the design and advertising the PROJECT for
construction. The CITY has acquired the funding for the PROJECT design and construction from
multiple sources including CITY funds, federal and local grants, and private funds. No WSDOT funds
have been committed to the PROJECT. Several of the grants awarded to the PROJECT are time
sensitive and could be revoked by the granting agency should the PROJECT be unreasonably delayed.
It is in the best interest of both the CITY and WSDOT to work cooperatively to complete the
PROJECT as it is mutually beneficial to both agencies.
WSDOT Responsibilities
1. WSDOT will work with the Federal Highways Administration (FHWA) to gain approval of the
Limited Access deviation.
2. WSDOT agrees to accept conveyance of ROW from the CITY for the portion Southcenter
Parkway which is currently CITY-owned ROW (see attached ROW Exhibit). art of the
ROW conveyance and Certification, WSDOT agrees to relocate the Limited Access delineation
455
Letter of Understanding
Tukwila Urban Access Improvement Project Limited Access
March 31, 2010
Page 2 of 2
to the easterly side of the Southcenter Parkway ROW. The CITY and WSDOT agree there is
no meaningful benefit at this time as part of this project to extending the Limited Access
control further north or south than the existing north/south boundaries along Southcenter
Parkway.
3. Upon PROJECT close -out, as defined by the CITY's acceptance and close -out of the
PROJECT, WSDOT agrees to turn -back VaIO �VAZ_ wnership of Southcenter Parkway to the,
CI TY through a Turn -Back Agreement a K c 6 l R o w W4 �J
4. WSDOT agrees that all transactions agreed upon as part of this LOU is done so without any
exchange of cash or any other item of tangible value, other than the mutual benefits achieved
through the PROJECT.
5. WSDOT agrees to continue working with the CITY on all remaining design issues, to be
detailed in a separate Letter of Understanding.
CITY Resnonsibilities
1. The CITY will submit documentation for the deviation of standard Limited Access
requirements for WSDOT and FHWA approval.
2. The CITY will convey to WSDOT that portion of the ROW which will be incorporated into the
revised Limited Access area as described above. The CITY will submit appropriate
documentation for the conveyance of ROW and the revision to the Limited Access area as part
of the normal ROW Certification process for the PROJECT.
3. The CITY agrees to continue all normal maintenance activities within the PROJECT area,
exclusive of the interstate facilities, through PROJECT close -out.
4. The CITY agrees to accept the ROW turn -back from WSDOT at PROJECT close -out.
5. The CITY agrees that all transactions agreed upon as part of this LOU is done so without any
exchange of cash or any other item of tangible value, other than the mutual benefits achieved
through the PROJECT.
6. The CITY agrees to continue finalizing the project design to incorporate the remaining design
issues verbally agreed upon, the details of which will be documented in a separate Letter of
Understanding.
By signing the spaced provided below, the CITY and WSDOT acknowledge and agree to the terms and
commitments outlined above.
Concurrence by:
Bob Giberson, P.E.
Public Works Director
City of Tukwila
Concurrence by:
Russell S. East, P.E.
Assistant Regional Administrator SnoKing
WSDOT
Date: 4 /�s/ 0
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AFTER RECORDING, PLEASE RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
QUIT CLAIM DEED
Grantor: City of Tukwila, a Washington municipal corporation
Grantee: State of Washington, Department of Transportation
Document Reference Number(s): N/A
Section/Township/Range: SEC. 26, T 23 N, R 4 E W.M.
Assessor's Tax Parcel Number(s):
Property Legal Description (abbreviated): Ptn. of NE 1 /4 of NW 1 /4 of Sec. 26; and Ptn. of SE
I /4 of SW' /4 of Sec. 23, Twp. 23 N, R4 E W.M.
Additional Legal: Attached hereto as Exhibit A
The GRANTOR, City of Tukwila, a Washington municipal corporation, for and in
consideration of the sum of TEN AND NO /100 ($10.00) DOLLARS, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the
parties, hereby conveys and quitclaims to the State of Washington, acting by and through
its Department of Transportation, Grantee, the real property situated in King County, State
of Washington and legally described in Exhibit "A" and shown in "Exhibits B -1 and B -2,"
herewith attached and made a part hereof, and any after acquired interest therein.
It is understood and agreed that delivery of this deed is hereby tendered and that the
terms and obligations hereof shall not become binding upon the State of Washington unless
and until accepted and approved hereon in writing for the State of Washington, by and
through its Department of Transportation, by its authorized agent.
Page 1 of 5
459
DATED this day of 2011.
GRANTOR: CITY OF TUKWILA
Mayor
Attest/Authenticated:
City Clerk
STATE OF WASHINGTON)
ss.
County of King
Approved as to Form by:
City Attorney
On this day of 2011, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Jim Haggerton, known to me to be the Mayor of CITY OF TUKWILA, the
municipal corporation that executed the foregoing instrument, and acknowledged it to be the
free and voluntary act of said municipal corporation, for the uses and purposes mentioned in
this instrument, and on oath stated that he was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year above written.
NAME:
(Print Name)
Notary Public in and for the State of Washington,
residing at
My Commission Expires:
[THIS PART INTENTIONALLY LEFT BLANK]
Page 2 of 5
U- �0
DATED this day of 2011.
GRANTEE: STATE OF WASHINGTON, DEPARTMENT OF TRANSORTATION
Accepted and Approved
STATE OF WASHINGTON
Department of Transportation
IC
Real Estate Services Program Administrator
Page 3 of 5
461
Exhibit A
That portion of the northeast quarter of the northwest quarter of
Section 26, Township 23 North, Range 4 East, W.M., in King
County, Washington, and of the southeast quarter of the
southwest quarter of Section 23, Township 23 North, Range 4
East, W.M., in King County, Washington, and of the Interurban
Addition to Seattle, according to the plat thereof recorded in
Volume 10 of Plats, page 55, in King County, Washington, and
in Brookvale Garden Tracts, according to the plat thereof
recorded in Volume 10 of Plats, page 47, in King County,
Washington, and of the W.H. Gilliam Donation Land Claim No.
40, lying between the existing limited access line of State Route
5 and the following described line:
Commencing at the intersection of Southcenter Parkway and
Strander Boulevard (S 164 Street) monumented with a 2 inch
brass cap in a monument case; thence along the monumented
centerline of Strander Boulevard South 88 °08'47 "East 431.28
feet;
Thence North 01'51' 13" East 30.00 feet to a point on the
northerly right of way margin of Strander Boulevard;
Thence North 81 °07'29" West 76.22 feet;
Thence North 86 °28'41" West 108.58 feet;
Thence North 88 °10'49" West 135.10 feet to the beginning of a
curve to the right with a radius 35.31 feet;
Thence following said curve in a northerly direction through a
central angle of 88 °28'02" 54.52 feet;
Thence North 00° 17' 13" East 18 1.9 8 feet;
Thence North 89 °42'47" West 38.84 feet, to the intersection
with the existing limited access line of SR 5, said intersection
being at Highway Engineer's Station Lw 2525 +08.60 and
455.08 feet right, on the Lw line survey shown on plan sheet 18
of 26 of SR 405, SR 5 Interchange Vic., approved September
16, 2005, said intersection also being the point of beginning;
Thence South 89 °42'47" East 38.84 feet, to the east line of
Southcenter Parkway as dedicated by deed recorded under
recording number 20090720001730 in King County Records;
Thence along said deed line the following courses, North
00'17'13" East 141.51 feet;
Thence North 02 °55'32" East 67.60 feet;
Thence North 00 °06'34" West 177.97 feet;
Thence North 02 °24'31" West 177.98 feet;
Thence North 02 °42'27" West 130.20 feet;
Page 4 of 5
E.i
Thence North 01'00'12" West 130.19 feet;
Thence North 26 °33'54" East 42.44 feet;
Thence North 8710'22" East 4.06 feet;
Thence North 01 19'12" East 61.64 feet;
Thence North 859 9'l 0" West 3.43 feet;
Thence North 43 °05'40" West 17.49 feet to the beginning of a
curve to the right with a radius of 19.10 feet;
Thence following said curve in a northerly direction through a
central angle of 45 °26'46" 15.15 feet;
Thence North 02 °21'06" East 72.93 feet;
Thence leaving said deed line, North 87 °38'54 "West 13.40 feet,
to an angle point in the existing limited access line of SR 5, said
angle point being at Highway Engineer's Station Lw
2535 +53.16 and 515.05 feet right, on the Lw line survey shown
on plan sheet 20 of 26 of SR 405, SR 5 Interchange Vic.,
approved September 16, 2005, said point also being the
terminus;
Also, the Grantor herein conveys and grants to the State of
Washington all rights of ingress and egress (including all existing,
future or potential easement of access, light, view and air) to, from
and between SR 405, SR 5 Interchange Vic. and the remainder of
said Property legally described in Exhibit C.
The lands herein described, the specific details concerning all of
which are to be found on sheets 18 and 20 of that certain plan
entitled SR 405, SR 5 Interchange Vic., now of record and on file
in the office of the Secretary of Transportation at Olympia, and
bearing date of approval September 16, 2005, and as revised.
Page 5 of 5
463
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SEE SHEET 1
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LIMITED ACCESS,.DEDICATTION EXHIBIT
SCALE: 1'=100' JOB# 05725.13
DATE:., 04/02/10 :SHEET 2 OF 2
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PAC E- LIMITED ACCESS DEDICATION EXHIBIT
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Washington State
Department of Transportation
TURNBACK AGREEMENT
Agreement Number: TB 1 -0215
State Route Control Section Region
SR 405 1743 NWR
Organization and Address:
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Section/Location:
SR 405
SR 5 Interchange Vicinity
Tukwila Urban Access Improvement
This Agreement is between the STATE OF WASHINGTON, Department of Transportation,
hereinafter the "STATE," and the CITY OF TUKWILA, hereinafter the "CITY," collectively
hereinafter the "PARTIES."
WHEREAS, the CITY, proposed to design and construct the Tukwila Urban Access
Improvement Project, hereinafter referred to as the "PROJECT and
WHEREAS, a portion of the PROJECT on Southcenter Parkway falls within the STATE
owned limited access right -of -way, and
WHEREAS, the PARTIES agree the PROJECT is mutually beneficial to both, and
WHEREAS, the PARTIES entered into a Letter of Understanding last dated April 15, 2010,
as attached hereto in full as Exhibit B, and made a part hereof, to establish the conditions,
obligations, and requirements of each PARTIES responsibilities to complete the PROJECT,
and
WHEREAS, in accordance with the Letter of Understanding, the reconstructed state route and
city street, hereinafter referred to as the "Roadway Facilities shown on Exhibit A, attached
hereto and made part hereof, will be transferred from the STATE to the CITY, and
WHEREAS, the STATE and CITY enter into this Agreement to identify the process of
Roadway Facilities and right -of -way operation, maintenance, and ownership transfer,
NOW, THEREFORE, pursuant to RCW 47.52.210,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. TRANSFER OF OPERATION AND MAINTENANCE
Page 1 of 3
467
1.1 The CITY agrees upon execution of this Agreement, to accept the responsibility for
the maintenance and operation of the Roadway Facilities and right -of -way, as shown on
Exhibit A until such time as the full ownership of the right -of -way and Roadway Facilities are
conveyed by deed pursuant to Section 2.
1.2 The CITY agrees to accept ownership of the right of way and Roadway Facilities as
shaded, on Exhibit A, as follows:
Blue (light) Indicates Roadway Facilities and right -of -way to be conveyed in fee to
the CITY. Except the STATE retains access control and access rights
in the areas denoted in in red.
2. RECORDED CONVEYANCE
2.1 Within thirty (30) calendar days following the STATE's written transfer to the CITY
of the responsibility for maintenance and operations as provided in Section 1, the STATE will
furnish the CITY a recordable conveyance of right -of -way, including the Roadway Facilities
constructed thereon, as shown on the plans marked Exhibit A. The conveyance will be
recorded pursuant to RCW 65.08.095.
2.2 It is understood and agreed that the above referenced property is transferred for
road /street purposes only, and no other use shall be made of said property without the prior
written approval of the STATE. It is also understood and agreed that the CITY, its successors
or assigns, shall not revise either the right -of -way lines or the access control without prior
written approval from the STATE, its successors, or assigns. Revenues resulting from any
vacation, sale, or rental of this property or any portion thereof, shall (1) if the property is
disposed of to a governmental entity for public use, be placed in the CITY road/street fund
and used exclusively for road/street purposes; or (2) if the property is disposed of other than
as provided in (1) above, be shared by the CITY and STATE, their successors or assigns, in
the same proportion as acquisition costs were shared; except that the CITY may deduct the
documented direct costs of any such vacation, sale, or rental.
2.3 The CITY agrees to comply with, and require its successors or assigns to comply with,
all civil rights and anti- discrimination requirements of chapter 49.60 RCW, as to the right -of-
way and Roadway Facilities to be conveyed.
2.4 The CITY understands and agrees that the STATE is retaining ownership of all rights
of ingress and egress, to, from and between the above referenced state highway route and/or
Roadway Facilities and the properties abutting said state highway route and/or Roadway
Facilities, including all rights of access, light, view and air, and access control as shown by
the access prohibition symbol along the above referenced state route and /or Roadway
Facilities right -of -way and along abutting properties on the right -of -way access plans marked
as Exhibit A. The CITY, its successors or assigns, shall have no right of ingress or egress
between the above referenced state route and abutting properties, or the state route and the
lands herein conveyed that show the access prohibition symbol. The CITY, its successors or
Page 2 of 3
assigns, shall not be entitled to compensation for any loss of access, light, view, or air
occasioned by the location, construction, reconstruction, maintenance, or operation of the
above referenced state route and/or Roadway Facilities.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the day
and year first above written.
CITY STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By: By:
Print name: Print name:
Date: Date:
Approval as to Form Approval as to Form
City Attorney
Date:
Date:
Page 3 of 3
Assistant Attorney General
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City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188
April 20, 2010
Ramin Pazooki, Manager
WSDOT NWR SnoKing Development Services
PO Box 330310
15700 Dayton Avenue N
Seattle, Washington 98133 -9710
RE: Tukwila Urban Access Improvement Project
Letter of Understanding #1
Dear Mr. Pazooki:
.Jim fiaggerton, Mayor
Enclosed you will find two copies of the Letter of Understanding between the City of Tukwila
and WSDOT which have been initialed by Bob Giberson, Public Works Director. The City has
accepted your changes to the original letter. However, on the advice of the City Attorney's
office, we have amended Attachments A and B to include the language "For Illustrative Purposes
Only." Additionally, the original Exhibit A, which was the full legal description and drawing of
the area to be conveyed to WSDOT, has been removed to eliminate confusion between the two
Exhibit A's. Please initial the change made on the two new exhibits and return one copy back to
me at:
Cyndy Knighton
Senior Transportation Engineer
City of Tukwila
6300 Southeenter Blvd, Suite 100
Tukwila, Washington 98188
Thank you for your continued cooperation on getting this project through the necessary reviews
and approvals.
Sincerely,
A
vv:
Cynd� Kni t ri 4_
k.�
Senior Transportation Engineer
Encl.: Letter of Understanding (2 originals)
TB 1 -0215
Exhibit B sheet 1 of 5
473
April 5, 2010
6200 ;Southcenter Boulevard* Tukwila, Washington 48188
Russell S. East, P.E.
Assistant Regional Administrator for SnoKing
Washington State Department of Transportation
15700 Dayton Ave N, NB82 -101
PO Box 330310
Seattle, WA 98133 -9710
RE: Tukwila Urban Access Improvement Project
Letter of Understanding
Dear Mr. East:
Jim Ilaggerton, Mayor
Negotiations between the Washington State Department of Transportation WSDOT) and the City of
Tukwila (CITY) around the Tukwila Urban Access Improvement Project (PROJECT) have been
ongoing since 2005. Those discussions have resulted in this Letter of Understanding (LOU).
It is agreed by all parties that the following conditions, obligations, and requirements shall apply, and
that each party is bound by the following:
Issue
The CITY has taken lead on a roadway design project predominately along Southcenter Parkway.
While a portion of the PROJECT falls under Limited Access control, the larger corridor functions as a
CITY street. The CITY has acquired all necessary right -of -way (ROW) for the PROJECT, all new
ROW is currently under CITY ownership. The CITY has been coordinating with WSDOT for the
PROJECT design and is working toward finalization of the design and advertising the PROJECT for
construction. The CITY has acquired the funding for the PROJECT design and construction from
multiple sources including CITY funds, federal and local grants, and private funds. No WSDOT funs
have been committed to the PROJECT. Several of the grants awarded to the PROJECT are time
sensitive and could be revoked by the granting agency should the PROJECT be unreasonably delayed
It is in the best interest of both the CITY and WSDOT to work cooperatively to complete the
PROJECT as it is mutually beneficial to both agencies.
WSDOT Responsibilities
1. WSDOT will work with the Federal Highways Administration (FHWA) to gain approval of thi
Limited Access deviation.
2. WSDOT agrees to accept conveyance of ROW from the CITY for the portiaXit t
hcenter
Parkway which is currently CITY-owned ROW (see attached ROW Exhib)of the
ROW conveyance and Certification, WSDOT agrees to relocate the Limited s delin eatio
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WAPW Eng\Old P drivelCyndy \Klickitat\Letter of Understanding WSDOT Tukwila 4- 5- 10.doc
474
Letter of Understanding
Tukwila Urban Access Improvement Project Limited Access and ROW
March 31, 2010
Page 2 of 2.
to the easterly side of the Southcenter Parkway ROW. The CITY and WSDOT agree there is
no meaningful benefit at this time as part of this project to extending the Limited Access
control further north or south than the existing north/south boundaries along Southcenter
Parkway.
3. Upon PROJECT close -out, as defined by the CITY's acceptance -and close -out of the
PROJECT, WSDOT agrees to turn -back al O ownership of Sou center Parkway to the,
CITY through a Tian Back Agreement..
4. WSDOT agrees that all transactions agreed upon as part of this LOU is done so without any
exchange of cash or any other item of tangible value, other than the mutual benefits achieved
through the PROJECT.
5. WSDOT agrees to continue working with the CITY on all remaining design issues, to be
detailed in a separate Letter of Understanding.
CITY Resuonsibilities
I The CITY will submit documentation for the deviation of standard Limited Access
requirements for WSDOT and FHWA approval.
2. The CITY will convey to WSDOT that portion of the ROW which will be incorporated into the
revised Limited Access area as described above. The CITY will submit appropriate
documentation for the conveyance of ROW and the revision to the Limited Access area as part
of the normal ROW Certification process for the PROJECT.
3. The CITY agrees to continue all normal .maintenance activities within the PROJECT area,
exclusive of the interstate facilities, through PROJECT close -out.
4. The CITY agrees to accept the ROW turn -back from WSDOT at PROJECT close -out.
5. The CITY agrees that all transactions agreed upon as part of this LOU is done so without any
exchange of cash or any other item of tangible value, other than the mutual benefits achieved
through the PROJECT.
6. The CITY agrees to continue finalizing the project design to incorporate the remaining design
issues verbally agreed upon, the details of which will be documented in a separate Letter of
Understanding.
By signing the spaced provided below, the CITY and WSDOT acknowledge and agree to the terms at
commitments outlined above.
Concurrence by:
1_&K fu-��
Bob Giberson, P.E.
Public Works Director
City of Tukwila
Date: A�� 6 "2o1
Concurrence by:
Russell S. East, P.E.
Assistant Regional Administrator SnoKing
WSDOT
Date: �q
W
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Transportation Committee Minutes November 21, 2011— Paoe 3
H. Tukwila Urban Center Access Klickitat) Project Riaht of Wav Transfer
Staff is seeking Council authorization for:
1. Quit Claim Deed that conveys a right -of -way (ROW) to the Washington State Department of
Transportation WSDOT) from the City of Tukwila along Southcenter Parkway for the Klickitat
Project; and
2. Acceptance of a ROW Turnback Agreement which transfers ownership of the above roadway,
operation and maintenance from WSDOT back to the City of Tukwila
This process is necessary for appropriate transfer of roadway, and allows for the adjustment of a limited
access line which will include property conveyed to WSDOT by Tukwila. UNANIMOUS APPROVAL.
FORWARD TO NOVEMBER 28 COW FOR DISCUSSION.
III. SCATBd
The Committee reviewed and briefly discussed the October 18 SCATBd minutes, noting the update of the
Tukwila Longacres Sounder Station. Sound Transit expects to complete design of the Station in 2012. SCATBd
minutes have been delayed due to King County staff shortages. INFORMATION ONLY.
Meeting adjourned at 4:32 p.m.
Next meeting: Per Tentative 2012 Committee Calendar
Committee Chair Approval
Minutes by KAM.. Reviewed by GL.
479
.;l
Upcoming Meetings Events
November /December 2011
28th (Monday) 29th (Tuesday) 30th (Wednesday) 1st (Thursday) 2nd (Friday)
r'^� ^ity Utilities Cmte,
Aff n w n w,. 5:00 PM
C—nIte (CR #1)
(Cancelled)
Equity
Diversity
Commission,
5:15 PM
(CR #3)
City Council
Committee of
the Whole Mtg.,
5:00 PM
(Council
Chambers)
Please note
earlier start time
for this week's
meeting.
5th (Monday)
6th (Tuesday)
Transportation
Chamber of
Cmte,
Commerce
5:00 PM
Gov't.
(CR 91)
Community
Affairs Cmte,
Civil Service
12:00 NOON
(Chamber
Commission,
Office)
5:00 PM
(CR 93)
Finance
Safety Cmte,
City Council
5:00 PM
(CR #3)
Executive
Session,
Arts
6:00 PM
Commission
City Council
5:30 PM
Regular Mtg.,
(Community
7:00 PM
Center)
(Council
Chambers)
7th (Wednesday) 8th (Thursday) 9th (Friday)
COPCAB,
6:30 PM
(CR #5)
(Rescheduled
from 11123111)
3rd (Saturday)
Holiday Gift and
Food Drive
Westfield Southcenter
Mall North Parking lot
7:00 AM 4:00 PM
The Tukwila Police
Department will be
collecting food, gifts
or monetary donations
to help support the
Tukwila Food Pantry
and the Tukwila
Community Center's
Holiday Giving
Program!
The new Police
Command Vehicle will be
there, and the Tukwila
Police Fxplorers will be
doing fingerprinting to
help keep kids safe!
Breakfast with
Santa
9:00 to 11:30 AM
Tukwila Community
Center
Pancake breakfast and
holiday entertainment
(Children can get a
professional photo with
Santa for an additional
fee).
Cost of breakfast is
$5.00 at the door
(seating is limited).
10th (Saturday)
Council Coffee Chat
10:00 AM to
12:00 NOON
Stop by and informally
talk with a Tukwila City
Councilmember about
anything on your mind
regarding Tukwila.
Friendz Cafe
(12930 E. Marginal Way)
Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1 st Tues., 12:00 Noon, Chamber Offices.
Contact Lynn Wallace at 206 -575 -1633.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
➢City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
➢Civil Service Commission: 1st Mon., 5:00 PM Conf. Room 43. Contact Human Resources at 206 433 -1831.
➢Community Affairs Parks Committee: 2nd 4th Mon., 5'00 PM, Conf. Room #3 11128111 meeting cancelled.
➢COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206- 433 7175).
➢Equity Diversity Commission: Ist Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206- 433 -1850.
➢Finance Safety Committee: Ist 3rd Tues., 5:00 PM, Conf. Room #3.
➢Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf Room #I 11129111 meeting cancelled.
i
Tentative
Agenda Schedule
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November 7
14 21
28
See agenda packet
cover sheet for this
week's agenda
(November 28, 2011
Committee of the 1Nhole
Meeting)
December 5
Soecial Presentations:
Valley Swat Award.
3rd Quarter Financeil
Status Report.
Unfinished Business:
Budget Amendment
Ordinance and CIP
resolution.
A resolution adopting
a new Public Works
fee schedule.
An agreement for the
2012 Small Drainage
Program.
An amendment to
agreement with
Cascade Water
Alliance.
An ordinance
refunding the LTGO
2003 Bonds.
12 19
Aonointments:
Equity and Diversity:
Confirm the
appointment of Charlie
Penor to Position #7 on
the Equity an Diversity
with a term expiring
7/31/2013
Civil Service:
Confirm the
reappointment of
Ronald Johnston to
POsition #2 on the
Civil Service
Commission, with a
term expiring
12/31/2017.
Library Advisory:
Confirm the
reappointment of
Marie Parrish to
Position #3 on the
Library Advisory
Board, with a term to
expire 12/31/2013.
Confirm the
reappointment of
Linda McLeod to
Position #5 on the
Library Advisory
Board, with a term to
expire 12/31/2013.
Unfinished Business:
A briefing on Tukwila
Village draft deal
terms.
New Business:
A resomlution
thanking Joan
Hernandez for her
years of service.
27 (Tuesday)
OVA