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HomeMy WebLinkAboutTrans 2009-11-16 COMPLETE AGENDA PACKET Distribution B Giberson M. Miotke City of Tukwila D Quinn F Inarte C Parrish D Robertson R. Tischmak B Arthur Transportation Committee V Griffin P Brodin J Eide Mayor Haggerton G Labanara File Copy J Hernandez C Knighton Single side to Ana 4* De'Sean Quinn, Chair R. Berry P Lau 3 Extra Copies K. Matej M. Mathia e -mail cover to 4 Dennis Robertson D Speck S Anderson B Saxton, M. Hart, .�i C O'Flaherty S Hunstock C O'Flaherty, K. Verna Griffin M. Hart J Pace Narog, S Norris S Norris J Harrison and S Kirby S Kerslake N.Olivas AGENDA MONDAY, NOVEMBER 16, 2009 Time: 5:00 PM Place: Conference Room #1 Item- Recommended Action Page I. Current Agenda Review I• II. Presentation(s) II• III. Business Agenda III• A. Interlocal Agreement with King County Road A. Forward to 11/23/09 C O.W. Pg. 1 Services Division and 12/7/09 Regular B. Ordinance for King County South Park Bridge B. Forward to 11/23/09 C O.W. Pg. 11 Adopting King County Development Regulations and 12/7/09 Regular C. Tukwila Urban Center Access (Klickitat) Project C. Forward to 11/23/09 C O W. Pg. 23 Supplement No. 8 with HNTB and 11/23109 Special D. Quarterly Report D. Information Only Pg. 41 IV. Did Business IV. Future Agendas: Next Scheduled Meeting: Monday, December 7, 2009 Committee Goal: Establish a process to provide updates to Council on issues that are brought forward at Council meetings during citizen comment opportunities S The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206- 433 -0179 for assistance. TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee attachments: Interlocal Agreements W\PW Eng \OTHER\Robin Tischmak\2009 KC Interlocal TC memo.doc FROM: Interim Public Works Director DATE: November 12, 2009 SUBJECT: Interlocal Agreement with King County Services Provided by the Road Services Division Jim Haggerton, Mayor ISSUE Execute an Interlocal Agreement with King County to allow the City to request services to be performed by the King County Road Services Division. BACKGROUND King County Road Services Division has the personnel and the ability to perform a broad range of services related to maintenance and construction that they are currently providing to local agencies throughout King County. These services are provided only at the request of a local agency and are limited to a specific scope of work. The type of services generally requested are consistent with the services performed by the City maintenance staff, but may be too large or cannot be completed by the City due to limited time and available personnel. This agreement will enable the City to use King County services in the event of an emergency or disaster where clean up, maintenance or construction work is necessary. An example list of services provided by the County is included as an attachment to the Interlocal Agreement. ANALYSIS King County has prepared the attached master agreement to perform services as requested by the City. There is no cost commitment from the City by execution of this agreement; rather, the City will determine the scope of any requested work and must agree to accept or not accept the cost as estimated by the County. RECOMMENDATION Council is being asked to consider the Interlocal Agreement with King County Road Services Division at the November 23, 2009 Committee of the Whole and subsequent December 7, 2009 Regular Meeting. INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR PROVISION OF SERVICES BY THE KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made and entered into by and between King County, hereinafter called the "County," and the City of Tukwila, hereinafter called the "City." RECITALS A. The City owns public roads and traffic devices which require maintenance and/or other improvements. B. The City wishes the County Road Services Division to provide or perform certain services for the City. C. The parties can achieve cost savings and benefits in the public's interest by having the County complete those services for the City at the City's expense. D. This Agreement establishes the City's role and responsibilities as the recipient of such services and the County's role and responsibilities as the provider of such services. E. The parties are authorized by RCW Chapter 39.34 to enter into an interlocal cooperation agreement of this nature. NOW, THEREFORE, the parties agree as follows: TERMS AND CONDITIONS: 1. Services 1.1 The County Road Services Division will, upon the City's request, provide the City with Traffic Maintenance, Road Maintenance, Construction Management and Engineering, Environmental services and other road related services. Examples of the types of Traffic and Road Maintenance services to be provided are contained in Exhibit 1 of this Agreement. The services provided to the City shall be any service that the City requests to the extent that the County Road Services Division is able to provide such service. 1.2 The County shall only perform services as requested by the City through the procedure described in Section 2 below. 1.3 The County shall act as a contractor of services only and will not purport to represent the City professionally other than in providing the services requested. 1 1.4 The County shall be the lead agency for the completion of work items requested by the City. The County shall provide services in the type, nature, and magnitude requested by the City. 1.5 In the event either party decides to make changes to the work items requested that alters the original scope of work, written notification from the City authorizing such changes shall be required preceding any such work. 2. Procedure for Reauesting Services 2.1 The City shall request services furnished by the County through the procedure identified in Exhibit 2 of this Agreement. 2.2 The County shall provide the City with a cost estimate for individual service requests. 3. County and City Coordination 3.1 The City and County shall notify each other in writing of their respective operations liaison(s) responsible for administering day -to -day operational activities related to the provision of services under this Agreement. 3.2 The County and City liaisons shall meet as needed to review performance or to resolve problems or disputes. Any problems or disputes which cannot be resolved by the City and County liaisons shall be referred to the authorized City representative and the Road Services Division Director. 4. Personnel and Eauinment 4.1 The County is acting hereunder as an independent contractor so that: a. control of personnel standards of performance, discipline, and all other aspects of work shall be governed entirely by the County; b. except as described in 4.3 below, all persons rendering service hereunder shall be for all purposes employees of the County. 4.2 The County shall furnish all personnel, resources, and materials deemed by the County to be necessary to provide the services herein described and subsequently requested and authorized by the City. 4.3 In the event the County uses a contractor to perform one or more of the services requested by the City, the appropriate supervision and inspection of the contractor's work will be performed by the County. 2 5. Compensation 5.1 Costs. The City will pay the County for actual costs (direct labor, employee benefits, equipment rental, materials and supplies, utilities, permits, and administrative overhead costs) for the services provided by the County as set forth herein. Administrative overhead costs for each work item shall be charged as a percentage of direct labor costs. 5.2 Billing. The County shall bill the City monthly for the costs of services provided. The monthly bill will reflect actual costs plus the administrative overhead set forth in Section 5.1 above. Payments are due within 30 days of the City's receipt of said invoice. 5.3 Extraordinary Costs. Whenever the City desires to modify a requested service, it shall notify the County in writing of that desire, and the County shall, before providing the modified service, advise the City in writing as to whether the modification would result in any increased or extraordinary costs and the amount thereof. If, after receiving such notification, the City authorizes the modification of service in writing then it shall be responsible for any increased or extraordinary costs in the amount specified by the County. If the City decides not to authorize the modification of service, it shall notify the county in writing, and advise the county whether service shall continue as originally requested or the city cancels the request. If the City cancels the request, the City shall be responsible for all cost incurred by the County prior to and in connection with the cancellation. 6. City Responsibilities 6.1 The City hereby gives authority to the County to perform services within the City limits for the purposes of carrying out this Agreement. 6.2 The City is responsible for obtaining any permits or other authorizations that may be necessary for the County to carry out the work under this Agreement. 6.3 Nothing in this Section shall alter the status of the County and the Road Services Division as an independent contractor of the City, and the County's actions shall not be deemed to be those of the City when exercising the authority granted in this Section 6. 7. County Responsibilities 7.1 The County shall furnish and supply all necessary labor, supervision, machinery, equipment, materials, and supplies to perform the services requested by the City. 7.2 The County shall make every effort to recognize pertinent City deadlines for completion of services, and shall notify the City of any hardship or other inability to perform the services requested, including postponement of work due to 3 8. Duration 8.1 This Agreement is effective upon signature by both parties, and shall remain in effect for the remainder of the calendar year in which it is signed and throughout the following calendar year. 9. Indemnification circumstances requiring the County to prioritize its resources toward emergency related work outside of the City limits 8.2 Thereafter, this Agreement shall renew automatically from year to year effective January 1 to December 31 of each calendar year, unless either party notifies the other in writing to terminate or make substantial changes to this Agreement by April 1 of the preceding calendar year. Washington State law shall govern the respective liabilities of the parties to this Agreement for any loss due to property damage or injury to persons arising out of activities conducted pursuant to it. 10. Insurance The County certifies that it is fully self insured. 11. Audits and Inspections The records and documents pertaining to all matters covered by this Agreement shall be retained and be subject to inspection, review, or audit by the County or the City during the term of this Agreement and for three (3) years after termination. 12. Entire Agreement and Amendments This Agreement contains the entire written agreement of the parties hereto and supersedes any and all prior oral or written representations or understandings. This Agreement may be amended at any time by mutual, written agreement between the parties. 13. Invalid Provisions If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected if such remainder would then continue to serve the purposes and objectives of the parties. 14. Other Provisions 14.1 Nothing contained herein is intended to, nor shall be construed to, create any 4 rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of the City and the County, or their officials, employees, agents or representatives, to any party not a signatory to this Agreement. 14.2 Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 14.3 The headings in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 14.4 This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last written below. KING COUNTY CITY OF TUKWILA King County Executive City Mayor Date Date Approved as to Form Approved as to Form King County Deputy Prosecuting City Attorney Attorney 5 Exhibit 1 1. Traffic Services: The following are examples of traffic services provided by the County. Actual services provided will be those requested by the City, and the County shall provide such services in the magnitude, nature, and manner requested by the City. The City shall set its own service level standards and policies for all roadway features. The County is merely a contractor for the purpose of implementing City roadway service standards and policies. 1.1 Sign Maintenance: Replacing faded sign faces and rotten posts, straightening leaning posts, cleating uncleated posts, relocating signs for visibility or pedestrian safety, maintenance of vandalized signs or signs damaged by vehicle accidents, inspection of signs to check for reflectivity, cutting or trimming bushes or limbs blocking visibility, removal of signs when appropriate, installation of new signs upon City request. 1.2 Signal Maintenance: Replacing and cleaning light systems for signal and flasher displays and signs, installation and repair of vehicle detector loops, checking and adjusting signal timing, examining traffic signal operation to assure it is operating as intended, inspecting hardware for wear or deficiencies, testing and repairing of electronic control devices and components, repair or replacement of signal and flasher displays and supports or wiring external to controller cabinets, modification of controller cabinets, testing of new and modified cabinets and control devices, traffic counter testing and repair, preventative maintenance. 1.3 Sign Fabrication: Design and fabricate signs of any size as needed by the City. 1.4 Crosswalks: Refurbishing with thermoplastics and temporary tape and removal when appropriate. 1.5 Stop Bars: Refurbishing with thermoplastics and temporary tape and removal when appropriate. 1.6 Arrows /Legends: Remarking worn arrows and removing when appropriate. 1.7 Curb Painting: Maintenance of curbing, islands, and parking stalls. 1.8 Raised Pavement Markers: Removal and replacement of raised pavement markers or rumble bars. 1.9 Striping: Painting linear road stripes on pavement, such as centerlines, edge lines, radius and channelization, removal of lines, stripes, or symbols. 1.10 Street Lights: Replacement of light bulbs in existing street lights not maintained by power companies, repair and replacement of street light heads, poles, or wiring. 6 1.11 Utility Locating: Locating underground traffic facilities for utilities or other digging operations. 1.12 Flasher /Crosswalk Preventative Maintenance: Examining to assure equipment is operating as intended and inspecting hardware for wear or deficiencies. 2. Roadway Maintenance: The following are examples of roadway maintenance services provided by the County. Actual services provided will be those requested by the City, and the County shall provide such services in the magnitude, nature, and manner requested by the City. The City shall set its own service level standards and policies for all roadway features. The County is merely a contractor for the purpose of implementing City roadway service standards and policies. 2.1 Traveled Roadway Surface: Patching, crack pouring, pre -level work, pavement replacement, grading, dust control. 2.2 Shoulders: Restoration construction, paving, curb and gutter repair, spraying, extending pavement edge. 2.3 Drainage: Installation of drainage pipe, curb, catch basins, culvert headers /trash racks; hand ditching, drainage pipe repair, catch basin and manhole cleaning, blade ditching/shoulder pulling, drainage systems cleaning, pipe marking, drainage preparation, catch basin repair, culvert header /trash rack replacement and repair, bucket ditching, catch basin replacement, erosion control, catch basin/manhole cover replacement, silt removal, Ditchmaster ditch cleaning. 2.4 Structures: Installation of rock, gabion and rip -rap walls, guardrails, fencing, median barrier walls; rock wall repair or replacement, guidepost installation, guardrail repair, retaining wall repair, median barrier replacement, guardrail post removal, fencing repair, bridge repair. 2.5 Traffic and Pedestrian Facilities: Concrete sidewalk installation, sidewalk/walkway repair, hazardous material cleanup, street sweeping, street flushing, snow and ice control, maintaining traffic control barricades. 2.6 Roadside: Landscape restoration, slope /shoulder mowing, litter pickup, hand brushing, danger tree removal, landscape maintenance, slide removal, ornamental tree maintenance, tree trimming, hand mowing, roadside spraying, tansy ragwort spraying, washout repair. Exhibit 2 Services Reauest Process 1. City liaison completes a "Request and Approval for Services" (Form A attached). 2. City Mayor, or designee, signs under the heading "Authorization for Request of Services" on the Form B. 3. The Form A is transmitted to the County liaison. 4. The County liaison delegates the request to the appropriate Section for review. 5. A County Section representative will complete Form A of the "Request and Approval for Services." Form B will include the recommended action, cost estimate, and proposed schedule. If the Road Services Division is unable to provide the requested service, a notation will be made on the Form B, and the form will be returned to the City in a timely manner. 6. The County's cost estimate will include all applicable costs for the service requested as described in Section 5.1 of the Agreement. 7. If the cost estimate is $500 or less, the County may proceed with the requested service as authorized by the city representative on Form A. If the cost estimate is over $500, Form B is transmitted to the City liaison for authorization. The signed Form B is then transmitted back to the County. 8. The County shall complete the requested work upon receipt of the signed Form B. If the County is unable to compete the work in accordance with the proposed schedule, it shall notify the city immediately. 9. The County and City liaisons maintain a file of all service requests. 10. The County liaison maintains a tracking system of all the service requests and provides the City with an updated report at least quarterly. 8 Request Number: Date: Nature of Request: Location: Requester Name: Address: Telephone: Authorization for Request of Services: City Authorized Signature Date FORM B Date: Project/Work Order Number: Recommended Action: Cost Estimate: Proposed Schedule: Authorization to Proceed: Director, Road Services Division City Authorized Signature (if cost estimate over $500) REQUEST AND APPROVAL FOR SERVICES CITY OF TUKWILA FORM A 9 Date Date Date Completed: TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Interim Public Works Director DATE: November 13, 2009 SUBJECT: South Park Bridge Replacement Design Ordinance Authorizing King County to use their Standards ISSUE Approve ordinance adopting all King County development codes for the South Park Bridge replacement project. BACKGROUND DISCUSSION Jim Haggerton, Mayor In 2003, King County and the City of Tukwila reached an agreement (see attached Resolution No. 1508 and Interlocal Agreement) for the transfer of responsibilities for the operation, maintenance, rehabilitiation and /or replacement of the South Park Bridge. Section 4 of the Interlocal Agreement transfers all City authority to review and process permit applications to King County. However, subsection 4.4 requires the City to enact an ordinance that adopts all County zoning, land use, shoreline and development regulations and fees for any work related to the South Park Bridge replacement design and construction. RECOMMENDATION The Council is being asked to approve this ordinance adopting all King County zoning, land use, shoreline and development regulations for any work related to the South Park Bridge, as authorized by the Interlocal Agreement. Attachment: Ordinance Resolution 1508 and Interlocal Agreement C \DOCUME- 1\susan \LOCALS- 1 \Temp\XPGrpWise \Info Memo King County S Pk Br Ordinance.doc ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING ALL KING COUNTY ZONING, LAND USE, SHORELINE, AND OTHER DEVELOPMENT REGULATIONS FOR ANY WORK RELATED TO THE SOUTH PARK BRIDGE THAT IS AUTHORIZED BY AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND KING COUNTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila wishes to divest itself of responsibility for that portion of the South Park Bridge that is located within its corporate boundary; and WHEREAS, the City of Tukwila accordingly entered into an Interlocal Agreement with King County (ILA) for the transfer of responsibilities for the operation, maintenance, rehabilitation and /or replacement of the South Park Bridge; and WHEREAS, the ILA transferred all City authority to review and render decisions on land use, building and other development permit applications related to the South Park Bridge to King County; and WHEREAS, in reviewing permit applications related to the South Park Bridge, King County is required to apply the King County Code; and WHEREAS, the terms of the ILA required the City of Tukwila to enact an ordinance adopting all County zoning, land use, shoreline and development regulations for any work related to the South Park Bridge; NOW, THEREFORE, THE CITY COUNCIL' OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Adopted. The City of Tukwila hereby adopts all King County zoning, land use, shoreline and development regulations for any work related to the South Park Bridge as authorized by the "Interlocal Agreement between King County and the City of Tukwila Relating to the Maintenance, Operation, Rehabilitation and /or Replacement of the South Park Bridge," a copy of which is attached hereto as "Exhibit A." Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its'application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. Attachment: Exhibit A Interlocal Agreement Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT FOR THE TRANSFER OF RESPONSIBILITIES RELATING TO THE MAINTENANCE, OPERATION, REHABILITATION AND /OR REPLACEMENT OF THE SOUTH PARK BRIDGE. WHEREAS, the City of Tukwila wishes to divest itself of responsibility for that portion of the South Park Bridge that is located within its corporate boundary; and WHEREAS, the City of Tukwila and King County have reached an agreement for the transfer of responsibilities for the operation, maintenance, rehabilitation and /or replacement of the South Park Bridge; and WHEREAS, the agreement involves the transfer of the aforementioned responsibilities in exchange for $3,000,000 (three million dollars) and other considerations enumerated within an Interlocal Agreement between the parties, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to execute the Interlocal Agreement attached and identified as Attachment A to this resolution. Section 2. The Finance Director is authorized to satisfy the monetary obligation contained within the Interlocal Agreement effective January 2, 2003 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, 7 H I NGTON, I at a Regular Meeting this 4•- day of 1°_ 2002. ATTEST /AUTHENTICATED Jane E. Cantu, CMC, City Clerk PPROVED ASS TO FORM BY Office of the City Attorney South Park Bridge City of Tukwila Washington Resolution No. C 9 Richard Simpson, Council President Filed with the City Clerk: J0-.31- 02 Passed by the City Council. 1 -04n 02, Resolution Number 50X lnterlocal Agreement For South Park Bridge Between King County and City of Tukwila INTERLOCAL AGREEMENT Between KING COUNTY and the CITY of TUKWILA Relating to the Maintenance, Operation, Rehabilitation and /or Replacement of the South Park Bridge RECITALS C The Bridge's age, condition and susceptibility to future seismic events, may necessitate immediate capital planning and projects to extend the useful life of the Bridge. 1 03 c 2 u-/ R/e I 602 THIS AGREEMENT is entered into between King County (hereinafter "the County and the City of Tukwila (hereinafter "the City regarding the South Park Bridge (hereinafter "the Bndge The County and the City are referred to collectively as "the Parties." A. The Bridge is located on 14 /16 Avenue South across the Duwamish River, placing the north half of the Bridge in Tukwila and the south half of the Bridge in unincorporated King County The County and Tukwila each own the half of the Bridge that is located within its respective jurisdiction. B The County and the City previously entered into the interlocal agreement titled An Agreement for Inter/urisdictional Cooperation Between King County and the City of Tukwila Concerning the 16 Avenue South Bridge and Roads Operation and Maintenance in Fire District #1, which was executed by the City on November 6, 1989, and by the County on December 5, 1989 "the 1989 Agreement concerning the maintenance and operation of the Bridge D The City does not have a sufficient, stable source of revenue to provide for the capital funding necessary to extend the useful life of the Bridge. E. The City now desires to permanently divest itself of responsibility for the management and financial obligation for its half of the Bridge in lieu of closing the Bridge. F Bridge rehabilitation or replacement is an identified capital project in the King County Roads Capital Improvement Program for the years 2002 -2007 G The County has a vested interest in keeping the Bridge open and making associated road improvements as it provides a vital link in the regional transportation system for freight mobility to the region's industrial and commercial centers. The Bridge also serves unincorporated King County and the cities of Seattle and Tukwila. H. The County now desires to assume the maintenance and operation of the City's half of the Bridge. I It is in the best interest of the public that the City and the County take the actions herein as necessary to keep the Bridge open and to maintain the Bridge in safe operational manner 3 The County and the City are authorized, pursuant to RCW Chapter 39.34 and Article 11 of the Washington State Constitution, to enter into this interlocal agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and County agree as follows• 1 Purpose The purpose of this Agreement is to define the County's and City's future roles and responsibilities regarding the operation and maintenance of the Bridge and to establish the entirety of the City's financial obligation toward the Bridge's annual operation, routine and major maintenance, or capital projects beginning in the year 2003 2. Definitions 2 1 "Bridge" means the South Park Bridge located on 14 /16 Avenue South across the Duwamish River and is defined as the structure between the points that the roadway leaves grade. This includes the supporting piers, towers, foundations, mechanical and electrical systems, and the pier protection system. 2.2 "Operation" means the labor, equipment, materials and maintenance necessary to keep both the roadway in service and the bascule lift portion of the Bridge operable to raise and lower the Bridge for marine traffic. 2.3 "Capital Project" means a project to replace or reconstruct the entire bridge, or a major portion thereof, to significantly extend the life of the Bndge. 2.4 "Major maintenance" means painting, redecking, widespread concrete repairs, and other work necessary to preserve the structural integrity and normal predictable operation of the Bridge or to repair the Bridge. 2.5 "Project" means preparation of plans and specifications, property acquisition, including, but not limited to, appraisal and negotiations, construction, construction inspection and other miscellaneous administrative duties consistent with overseeing the design and construction of major capital, rehabilitation or replacement of the Bridge and associated roadway improvements. 2 6 "Routine maintenance" means scheduled minor cleaning, minor electrical /mechanical tasks, State of Washington Inventory of Bridges and Structures (SWIBS) inspections, and other minor scheduled repairs. interlocal Aereernent For South Park Bridge Between king County and City of Tukwila 2 3 Financial Arrangement and Other Considerations 3 1 The City agrees to make a one time financial contribution of $3,000,000 to the County payable no later than December 31, 2002 The City will have no obligation to provide any further financial consideration to the County, for any reason, at any time, and irrespective of any emergency, except as provided for in Section 8 3.2 The City agrees to engage in the following actions: 3.2.1 The City agrees to assist the County in securing state and federal funding for Bridge Capital Projects and to enter into any agreements to secure such funding or to carry out such projects. 3.2.2 The City hereby grants to the County right of entry into the corporate limits of the City for all purposes related to the maintenance, operation, rehabilitation, repair or replacement of the Bridge. 3 3 The County agrees to assume sole responsibility for operating, maintaining, repairing, and /or replacing the Bridge and to relieve Tukwila of any further obligation for operating, maintaining, repairing, and/or replacing the Bridge unless this Agreement is terminated by the written agreement of the Parties. 3 4 The County agrees to expend the City's financial contribution in the following manner 3 4 1 The County intends to pursue a Capital Project that will extend the useful life of the Bridge either through rehabilitation or replacement of the Bridge. 3 4.2 The County may, at its sole discretion, use all or a portion of the City's financial contribution for operation and maintenance, routine or major maintenance, or completion of a Capital Project. 3 4.3 The County agrees that the City's financial contribution will be spent solely on the Bridge. The funds will not be used for any other County road capital or maintenance project. 3 4 4 Should the County close and/or decommission the Bridge, any unspent funds contributed by the City pursuant to this agreement will be remitted to the City by the County after the closure /decommissioning. The City's financial obligation may be spent to accomplish such closure or decommissioning. 4 County to Process and Decide Bridge Permits on Behalf of the City 4 1 All City authority to review and render decisions on land use, building and other development permit applications related to the Bridge is hereby transferred to the County Such Interlocal Agreement 3 For South Park Bridge Between King County and City of Tukwila authority includes, but is not limited to, fee collection, application intake and review, application engineering review, permit decision making, permit inspections, issuance of final approvals, and all other permit processing on behalf of the City 4.2 Administrative or quasi-judicial appeals of County decisions rendered for permits related to the Bridge, if any, shall be heard and decided by the County 4.3 In reviewing permit applications pursuant to this Agreement, the County will apply the King County Code. 4 4 In order to enable the ;County to process permit applications, the City shall enact an ordinance adopting all County zoning, land use, shoreline and development regulations, including related fees, as currently adopted or hereafter amended, for any work related to the Bridge that is authorized by this Agreement. 5. SEPA Compliance 5 1 In order to satisfy the requirements of the State Environmental Policy Act (SEPA) or the National Environmental Policy Act (NEPA), the County shall serve as the lead agency for all work and permitting related to the Bridge and the City and the County will, if necessary, execute a lead agency agreement to implement this paragraph. 5.2 Administrative or quasi-judicial appeals of County SEPA decisions related to the Bndge, if any, shall be heard and decided by the County to the extent allowed by law 6. Duration 6 1 This Agreement will become effective when duly executed by both parties and shall remain in effect unless terminated by the written agreement of the Parties. 6.2 If any portion of the Bridge is annexed into the jurisdiction of the City of Seattle the County may assign its rights and obligations in this Agreement to the City of Seattle. Any other assignment of the rights and obligations in this Agreement may be made only if the Parties agree to such assignment in writing. 6.3 The County's authority and obligations under this Agreement shall commence, and the 1989 Agreement shall terminate on January 1, 2003 (the "Commencement Date provided that the City has given its financial contribution to the County as set forth in Section 3 1 If the City has not given its financial contribution to the County by that date, the Commencement Date will be the day on which such payment is made. The County's authority and obligations under this Agreement shall not commence until such payment is made. 6 4 The terms of the 1989 Agreement governing indemnification will apply to any and all costs, expenses, claims, actions, suits, liability, loss, judgments, attorney's fees and /or awards of damages arising out of or in any way resulting from any act of the Parties and their officers, Interlocal Agreement For South Park Bridge Between King County and City of Tukwila 4 agents and employees that occurred prior to the Commencement Date The tetins of this Agreement governing indemnification will apply to any and all costs, expenses, claims, actions, suits, liability, loss, judgments, attorney's fees and /or awards of damages arising out of or in any way resulting from any act of the Parties and their officers, agents and employees that occurred on or after to the Commencement Date 7 County Authority 7 1 The County shall have the sole authority to operate, maintain, repair, and/or replace the Bridge 7.2 With regard to the operation, maintenance, repair and /or replacement of the Bridge, the County shall be responsible for performing design, engineering, grant funding, administrative and clerical services, for obtaining any necessary property, for reviewing any permits for work on the Bridge, and for all other matters necessary to operate, maintain, repair and/or replace the Bridge. 7.3 The County will have full authonty to make any decisions related to the operation, maintenance and management of the Bridge to the same extent as if the entire Bridge were part of the County road system including, without limitation, the authority to close and/or decommission the Bridge at any time if, in the County's judgment, closing and /or decommissioning the Bridge is necessitated by earthquake, vandalism, ship collision, settlement, fire, extraordinary natural events or weather conditions, riots, irreparable degradation or destruction of the Bridge, imminent safety considerations, or other causes beyond the reasonable control of the County In addition, the County may close and /or decommission the Bridge if, in the County's judgment, it is unreasonably costly to keep the Bridge open, provided that the County gives the City one year's notice of its intent to close and/or decommission the Bridge for that reason. 7 4 In implementing this Agreement for the portion of the Bridge and immediately adjacent roadways within the City, the County Road Engineer may exercise all the powers and perform all the duties vested by law or ordinance in the City Engineer or other City officer or department charged with street administration. 7.5 The County shall be responsible for.the acquisition of all property and easements necessary to implement this Agreement. The City agrees to use its best efforts to assist and cooperate with the County's efforts to acquire property and easements that he within the City Through the execution of this Agreement, the City authorizes the County to exercise eminent domain within the corporate limits of the City necessary to implement this Agreement. The County shall furnish the City with all necessary legal property descriptions for any property or easements requiring action by the City Title to all property and easements that are located within the City shall be in the City The County, and not the City, will be solely liable for all costs associated with the procurement of such property and easements, including all legal costs, attorneys' fees, and condemnation damages, if any Interlocal Agreement For South Park Bridge Between King County and City of Tukwila 5 8. Liability to Third Parties 8 1 To the extent permitted by law, each party shall protect, defend, indemnify and save harmless the other party, its officials, employees and agents, from any and all costs, expenses, claims, actions, suits, liability, loss, judgments, attorney's fees and /or awards of damages arising out of or in any way resulting from the indemnifying party's, or its officials', employees' and agents', acts, errors or omissions related to the Bridge If such costs, expenses, claims, actions, suits, liability, loss, judgments, attorney's fees and /or awards of damages are caused by, or result from, the concurrent negligence of the parties, or their officials, employees and agents, this Section shall be valid and enforceable only to the extent of the negligence of each party, its officials, employees and agents. 8.2 The foregoing indemnity is specifically and expressly intended to constitute a waiver of indemnifying party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the indemnified party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed by them. 9 General Provisions 9 1 Administration. The Parties to this Agreement shall appoint a contact person or persons to act as liaisons between the parties. For the purposes of Chapter 39.34 RCW, the County shall be the Administrator of this Agreement. 9.2 Records and Accounting. The Parties' records related to any matters covered by this Agreement and not otherwise privileged shall be subject to inspection, review, and/or audit by the other Party at the requesting Party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 9.3 Independent Contractor The County shall be deemed an independent contractor for all purposes and the employees of the County, or any of its contractors, subcontractors and their employees, shall not in any manner be deemed to be employees or agents of the City Neither the County, nor any employee of the County shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the County, or any employee of the County 9 4 Governing Law and Venue. This Agreement has been executed under and shall be construed and enforced in accordance with the laws of the State of Washington. If there is any litigation or other proceeding to enforce or interpret any provisions within this Agreement, jurisdiction shall be in the courts of the State of Washington and venue shall be in King County except if there is a federal claim involved, in which case jurisdiction shall be as allowed by federal law Interlocal Agreement For South Park Bridge Between King County and City of Tukwila 6 9.5 No Third Party Rights Nothing contained herein is intended to, nor shall be construed to, create any rights in any person or entity not a signatory to this Agreement, or to form the basis for any liability on the part of the City, the County, or their officials, employees, agents or representatives, to any person or entity not a signatory to this Agreement. 9 6 Notice. All notices provided for in this Agreement may be telecopied /faxed, sent by recognized overnight courier, personally delivered, or mailed by first class U S Mail, postage prepaid, to the individuals at the following addresses. King County ATTN Manager, King County Roads 201 S Jackson Street Seattle, WA. 98104 City of Tukwila ATTN City Administrator 6200 Southcenter Blvd Tukwila, WA 98188 9 8 Waiver. Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9 9 Headings. The headings of the various sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to expand, limit, or otherwise affect its terms and conditions. 9 10 Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 9 11 Amendment. This Agreement may not be amended, modified or changed, nor shall any provision hereof be deemed waived, except by an instrument in writing signed by both parties. 9 12 Counterparts. This Agreement may be signed in counterparts and, if so signed, shall be deemed one integrated agreement. 9 13 Severability If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or unenforceable as written, then the Parties intend and desire that such provision be enforceable to the full extent permitted by law if it would then continue to serve the purposes and objectives of the Parties, and that the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remainder of this Agreement if such remainder would then continue to serve the purposes and objectives of the parties. 9 14 Recording. Pursuant to RCW 39.34 040, upon the execution of this Agreement the County will cause this Agreement to be recorded with the King County Office of Records and Elections lnterlocal Agreement For South Park Bridee Between King County and City of Tukwila 7 IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date last written below KING COUNTY CITY OF TUKWILA King County Executive Mayor Date Date I /2, 3 APPROVED AS TO FORM. Senior Deputy Prosecuting Attorney Date lnterlocal Agreement For South Park Bridge Between King County and City of Tukwila 8 APPROVED AS TO FORM. City Attorney Date /1//1 /n 1-- TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Interim Public Works Director DATE: November 12, 2009 SUBJECT: Tukwila Urban Center Access (Klickitat) Project Project No. 84 -RW19, Contract No. 05 -071 Supplemental Agreement No. 8 Jim Haggerton, Mayor ISSUE Approve Supplemental Agreement No. 8 to the HNTB contract #05 -071 for final design and final bid documents associated with the Tukwila Urban Center Access (Klickitat) Project. BACKGROUND The design of the Tukwila Urban Access Project was shelved at the 100% design in May of 2007. At the time it was shelved, there were a number of outstanding issues requiring resolution once the project design efforts resumed. Those issues included: WSDOT approvals, design of the buttonhook ramp, right of way acquisition, property coordination and associated design efforts, construction phasing and staging. The Supplemental Agreement is for the work necessary to complete the project design and prepare ad -ready contract documents. It also includes the work to redesign certain aspects of the project as required by WSDOT and any potential changes to existing conditions which may have occurred since the project was shelved. Delays in the project timeline have been primarily associated with extensive coordination and negotiation with WSDOT on certain design issues as well as difficulties in obtaining right -of -way. The right -of -way acquisition is essentially complete and agreement between the City and WSDOT on the outstanding design requirement issues is imminent. However, WSDOT is requiring certain changes to the project design in order to accommodate movement of large trucks through the Southcenter Parkway /Klickitat Drive intersections. Those changes have resulted in additional design and permitting work not originally anticipated when the project was shelved. DISCUSSION Because of the extremely tight timeline to bring this project to construction in 2010, staff has negotiated the Supplemental Agreement with HNTB in a highly unusual manner. Although staff feels that agreement between Tukwila and WSDOT on the design changes is imminent, the final details are not yet known. The attached Supplemental Agreement is based on certain assumptions of what the final requirements will be by WSDOT. Waiting for final agreement with WSDOT before beginning negotiations with HNTB would have resulted in a long delay in the project schedule, possibly resulting in not being able to construct the project in 2010. Waiting until the Supplemental Agreement included all necessary work that may be required by WSDOT before bringing to the Transportation Committee for review would have also resulted in a long delay in getting the designers working on the final product. The attached supplemental agreement does not include anything but the most simple redesign efforts. It is anticipated that substantial redesign of certain elements may still be required by WSDOT RECOMMENDATION Approve Supplement #8 with HNTB for final design and PS &E work in the amount of $147,384 consider this item at the November 23, 2009 COW followed by a Special Meeting that same evening. attachments: Supplemental Agreement No. 8 W: \PW Eng \Old P drive \Cyndy \Klickitat \INFOMATION MEMO Supplement #8 Final PS &E 11- 12 -09.doc Scope of Work Final Design /PS &E Tukwila Urban Access Improvement Project Supplement 8 November, 2009 INTB TABLE OF CONTENTS I. SUPPLEMENT PURPOSE 1 II. PROJECT DESCRIPTION 2 III. PROJECT GOALS 3 IV. DESIGN CRITERIA 3 V. PROJECT SCHEDULE 4 VI. ITEMS AND SERVICES TO BE FURNISHED BY THE CITY 5 VII. ABBREVIATIONS 5 VIII. PROJECT DOCUMENTATION 6 IX. WORK TASKS 6 TASK 1 PROJECT MANAGEMENT 8 Task 1.1 Issues Resolution 8 Task 1.2 Measure Project Requirements 9 Task 1.3 Measure Budget Conformance 9 Task 1.4 Measure Schedule Conformance 9 Task 1.5 Communicate Progress 9 Task 1.6 Lead the Project CONSULTANT Team 9 Task 1.7 Manage Quality 9 Task 1.8 Manage Change 10 TASK 2 COORDINATION AND PUBLIC INFORMATION 10 Task 2.1 Coordinate Activities with Southcenter Place Building, Doubletree Hotel and McDonald's restaurant and other property owners 10 3.0 WSDOT COORDINATION 11 Task 3.1 WSDOT Coordination 11 TASK 4 DEVELOP CONSTRUCTION STAGING PLAN AND SCHEDULE 12 Task 4.1 Construction Staging and Scheduling 12 TASK 5 UPDATE CONSTRUCTION COST ESTIMATE 12 Task 5.1 Construction Cost Estimate 12 TASK 6 REVIEW OF DRAINAGE DESIGN 12 Task 5.1 Review of Drainage Design Concepts 12 c: \docume- 1\cyndy-1.tuk\ locals -1\ temp\ xpgrpwise \exhibit_a_scope_of_work_sup v1a_1 .docx Printed 11/13/2009 INNTB Page i During the term of this Agreement, the engineering Consultant (CONSULTANT) shall perform professional services for the CITYfinal design and assistance during construction, in connection with the: Tukwila Urban Access Improvement: Klickitat Drive /Southcenter Parkway Area Project This document shall be used to plan, conduct and complete the work on the project. I. SUPPLEMENT PURPOSE The design of the Tukwila Urban Access Improvement Project was shelved at the 100% design in May of 2007. The purpose of this supplement is to finalize the project specifically: 1) complete the work not completed at the time the project was schelved; 2) updating the shelved design to reflect changes in standards and specifications and 3) design revisions required to meet WSDOT design approval requirements. Specific items to be addressed in finalizing the design from May 2007 include: WSDOT approval materials including deviations and channelization plans. Acquiring permits and revising permit conditions for improvements made after the project was shelved. Updates to project specifications. Structural analysis and design of overhead sign supports Design changes at the south buttonhook ramp to accommodate a WB -67 design vehicle and related potential impacts to Hydrology report, drainage design, plans, grading, removals, erosion control and site preparation plans for project. Design work at McDonald's entrance and parking. Design work on Doubletree and Legacy properties. Maintenance of Traffic and Construction Phasing and Staging plans. Design updates to reflect changed conditions in project area. Coordination with property owners adjacent to the project to convey the current design which has new curb, gutter, sidewalk, driveway and storm sewer reconstruction on the west side of the project Address the removal and re- setting of pnvate business monument signs on the project. (These are located on the Doubletree and Legacy properties) Confirm final paving limits between disciplines. WSDOT review and approval of signing plans. In addition, at the time this scope was developed for the City of Tukwila, WSDOT and the HNTB design team coordinated to develop design modifications to accommodate a WB 67 design vehicle. The WB 67 design vehicle was a change over the original project assumption of a WB 50 design vehicle. This change in design vehicle has so far resulted in the following changes to the shelved project design which are used as the basis of redesign. Tese changes reflect modifications resulting from meetings between the City, WSDOT and the Consultant on November 3 2009. Any subsequent changes will require this scope of work to be revised. c: \docume-1 cyndy- 1.tuk\locais-1\ temp\ xpgrpwise\ exhibit_a_scope_of_work_sup a_1.docx Printed 11/13/2009 aINTB Page 1 Elimination and reduction of landscape islands at the intersection of Klickitat Drive and Southcenter Parkway. Widening of the southwest quadrant of the Klickitat Drive and Southcenter Parkway. intersection resulting in additional impervious area, modifications to the intersections curb radius, ADA ramp modifications, relocation of existing traffic signal, controller cabinet, conduit, pavement markings, possible new retaining wall, additional grading, changes to site preparation. Traffic signal timing/synchronization modifications. Relocation of traffic signal pole Type III at Sta. 16 +08. Crosswalk modifications. Modifications to traffic island at the north buttonhook reduce island size and associated landscaping. Addition of a fillet on the north bridge abutment providing a cantilever to accommodate wider truck turning movements. Extension of c -curb on Southcenter Parkway. ROW and Limited Access line locations will be as shown on the 100% shelf submittal. II. PROJECT DESCRIPTION The Southcenter Access Improvement: Klickitat Dnve /Southcenter Parkway Area Project, hereinafter referred to as the PROJECT, consists of the following features: A two lane widening of northbound Southcenter Parkway. Widening will be supported by construction of a new retaining wall along the existing slope east of Southcenter Parkway. Grade separation of southbound Southcenter Parkway. Grade separation will be accomplished by depressing the southbound alignment under the Klickitat intersection using a bridge structure and retaining walls. Reconstruction of the northbound lanes of Southcenter Parkway, south of Strander Boulevard. This construction is required to channelize traffic to the new northbound widening. Safety and pedestrian improvements. Signal modifications at the Klickitat Drive intersection and signal coordination between Strander Blvd., Klickitat Drive, and the Nordstrom shopping entrance intersection. New signal at westbound Klickitat Drive and southbound Interstate 5 on ramp. Horizontal and vertical alignment consistent with current design speed standards. Utility adjustments and relocations associated with the new improvement. Construction of detention and water quality facilities. c: \docume- 1 \cyndy- 1.tuk\ locals -1\ temp \xpgrpwise \exhibit_a_scope_of work_sup8_v1a_1.docx Printed 11/13/2009 CINTB Page 2 III. PROJECT GOALS The specific goals for the project are: Improve traffic flow in the project area Improve operations at area traffic signals Minimize delay for motorists Improve safety Benefit transit route efficiency and allow for future transit improvements Provide a solution compatible with WSDOT and I -405 and I -5 improvements Minimize impacts on current business and property owners Maintain or improve freight access Develop a design that creates a visual signature for the Urban Center IV. DESIGN CRITERIA Documents developed as part of this scope of work will be in accordance with the latest edition and amendments to the following documents, as of the date the AGREEMENT is signed. Changes in any design standards or requirements after work has begun may result in the need for Extra Work. City of Tukwila Publications: a. Year 2004 Comprehensive Plan b. City of Tukwila Development Guidelines and Design and Construction Standards, 2003 WSDOT Publications: a. Standard Specifications for Road, Bridge and Municipal Construction, English edition (2008) (M41 -10) b. Standard Plans for Road, Bridge and Municipal Construction, English edition (M21 -01) c. Design Manual, (M22 -01) d. Hydraulic Manual, (M23 -03) e. Plans Preparation Manual, (M22 -31) f. Bridge Design Manual, (M23 -50) g. Amendments and General Special Provisions c: \docume-1 \cyndy -1.tuk \locals -1\ temp \xpgrpwise \exhibit_a_scope_ot work_sup8_v1a_1.docx Printed 11/13/2009 INTB Page 3 h. Standard Item Table i. Traffic Manual, (M51 -02) j. Highway Runoff Manual, (M31 -16) k. Utilities Manual, (M22 -87) 1. Local Agency Guidelines, (M36- 63(PA)) m. Environmental Procedures Manual, (M31 -11) American Association of State Highway and Transportation Officials (AASHTO) Publications: a. A Policy on Geometric Design of Highways and Streets, 5 Edition (2004) b. Standard Specifications for Highway Bridges, Seventeenth Edition, (2002) c. Highway Design and Operational Practices Related to Highway Safety, (1997) U.S. Department of Transportation (USDOT) Publications: a. Manual of Uniform Traffic Control Devices for Streets and Highways, 2001 b. Highway Capacity Manual Other Publications/Design Guides: a. National Electrical Code b. Standards of the American Waterworks Association c. Book of American Society for Testing and Materials Standards d. American Public Works Association standards e. Americans With Disabilities Act (ADA) f. General Electric's ALADAN program (Illumination design) V. PROJECT SCHEDULE The preliminary project schedule will be developed upon notice to proceed. The duration of the reviews by the CITY, and by others, will be given in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the CITY or CONSULTANT, may be the basis for adjustments in the project budget. c: \docume -1 \cyndy- 1.tukUocals -1\ temp \xpgrpwise \exhibit_a_scope_of work_sup8_v1a_1.docx Printed 11/13/2009 C'INTB Page 4 VI. ITEMS AND SERVICES TO BE FURNISHED BY THE CITY The CITY will provide the following items and services to the CONSULTANT that will facilitate the preparation of the documents for work within the limits of the PROJECT. The CONSULTANT is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the CITY and others, including but not limited to, survey and traffic data. The City will be responsible for leading WSDOT coordination, permitting, preparation of agreements and private property coordination. Reviews of CONSULTANT submittals at the mutually agreed upon times set forth in the project schedule and the consolidation of all review comments by others onto one review set prior to return to the CONSULTANT. Lighting requirements and design criteria per CITY requirements, if available (DCD). CITY will prepare and provide documents for rights -of -entry upon all lands necessary for the performance of the design work. Official notices to property owners and agencies. Arrangements for the public meetings, including meeting place, announcements, etc. Assistance with public involvement and information for the PROJECT, including the responsibilities discussed in Task 4.0. Payment of all review and/or permit fees. Computer generated files supplied by the CITY will be in AutoCAD, and in a format compatible with the CONSULTANT'S hardware /software. Any reformatting or reconfiguration or hardware /software purchase necessary to make the supplied files compatible will be considered Extra Work. VII. ABBREVIATIONS The following abbreviations are referred to throughout this scope of work: AASHTO American Association of State Highway and Transportation Officials BDM WSDOT Bridge Design Manual DCE Documented Categorical Exemption DFW Washington State Department of Fish and Wild Life DNR Washington State Department of Natural Resources DOE Washington State Department of Ecology ESA Endangered Species Act FEMA Federal Emergency Management Agency c: \docume ^1 \cyndy -1.tuk \locals -1\ temp \xpgrpwise \exhibit_a_scope_o1 work_sup8_v1a_1.docx Printed 11/13/2009 a1NTB Page 5 FHWA Federal Highway Administration LOS Level of service NEPA National Environmental Projection Act NMFS National Marine Fisheries Service NPDES National Pollutant Discharge Elimination System NRHP National Register of Historic Places ROW Right -of -way PS &E Plans, specifications, and estimates SEPA State Environmental Protection Act TDM Transportation Demand Management TS &L Type, Size and Location WSDOT Washington State Department of Transportation USFWS United States Fish and Wildlife Service VIII. PROJECT DOCUMENTATION The documents listed as "Deliverables" in the Work Tasks, Section IX of this scope of work, and other exhibits or presentations for the work covered by this AGREEMENT and associated supplements, if necessary, will be furnished by the CONSULTANT to the CITY upon completion of the various tasks of work. Whether the documents are submitted in electronic media or in hard copy, any use of the materials on another project or on extensions of this project beyond the use for which they were intended, or any modification of the materials or conversion of the materials to an alternate system or format will be without liability or legal exposure to CONSULTANT. The CITY will assume all risks associated with such use, modifications, or conversions. The CONSULTANT may remove from the electronic materials delivered to the CITY, all references to the CONSULTANT involvement and will retain a tangible copy of the materials delivered to the CITY which will govern the interpretation of the materials and the information recorded. Electronic files are considered working files only; the CONSULTANT is not required to maintain electronic files beyond 90 days after the project final bilking, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. IX. WORK TASKS General Assumptions: The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit C. These costs are itemized in Exhibit C to aid in project tracking purposes only. The budget may be transferred between tasks, provided the total c: \docume -1 \cyndy -1.tuk \locals -1\ temp\ xpgrpwise \exhibit_a_scope_of_wark sup8_v1a_1.docx Printed 11/13/2009 C•INTB Page 6 contracted amount is not exceeded. Additional services beyond these limits will be considered Extra Work. The preliminary project schedule is as shown in Exhibit B.1. The CONSULTANT is responsible for meeting deadlines for their tasks only; having no control over those portions of the schedule related to the tasks performed by the CITY or any third party. Subsurface investigation and remedial action associated with hazardous wastes located within the project limits are not within this scope of services. No hazardous, dangerous, or contaminated soil /ground water is anticipated on or within the project limits. Should any of these materials be encountered, it will be considered Extra Work. Electronic files of PS &E contract documents will be delivered to the CITY in AutoCAD format (latest version) at the conclusion of Phase 2 Final Design. Preparation of the record drawings (as builts) will be the responsibility of the CITY. The analyses, design, plans, specifications, and estimate performed or prepared as part of the PROJECT will be in English units. Metric units will not be used on this PROJECT. The plans will be prepared in accordance with City of Tukwila drafting standards, with WSDOT /APWA standards being the default standards to follow. c: \docume- 1 \cyndy-1.tuk\ locals -1\ temp \xpgrpwise \exhibit_a_scope_of work_sup8_v1a_1.docx Printed 11/13/2009 a1NTB Page 7 TASK 1 PROJECT MANAGEMENT In this task are described those services necessary to plan, perform, and control the various elements of the project so that the needs and expectations of the CITY and other project stakeholders will be met or exceeded. Assumvtions: To accurately establish and manage the total project budget, the CITY will provide to the CONSULTANT their anticipated administrative costs through construction. The CONSULTANT shall generate the estimated right -of -way acquisition costs. The CONSULTANT's Project Manager and/or deputy Project Manager will meet with the C1TY's Project Manager on biweekly basis throughout Phases the completion of the project. The Consultant shall submit monthly invoices with a written summary of project progress to -date and activities expected for the next month. The workplan components developed in Phase 1 of the project will be used as the guidelines for performing the work in this supplement. Issues may arise that are beyond the provisions of this scope of work. Flexibility will be maintained in the workplan to address these urgent project issues; however, the reallocation of resources may result in justification for Extra Work. Internal project team coordination meetings will be held on an as- needed basis.. These meetings will be in addition to the coordination meetings held with the CITY, but budgeted as part of the specific work tasks, separate from Task 1 Project Management. The project duration will be 5 months. Task 1.1 Issues Resolution In accordance with the Change Management Plan, this task may involve: Identifying and assessing a given issue relative to schedule, budget, resources, and risk. Initiating the appropriate action(s) by assigning the issue to specific team member(s) for resolution using the Communication Plan provisions as a guideline. Monitors the issue resolution progress. Providing assurance for the timely resolution of issues. Adjusting the project work plan components as required. The level of effort associated with each individual issue is contained within the appropriate task(s) available to the team member(s) responsible for its resolution. c: \docume -1 \cyndy -1.tuk \locals -1 temp\ xpgrpwise\ exhibit_a_scope_of_work_sup8_v1 a_1.docx Printed 11/13/2009 a1NTB Page 8 Task 1.2 Measure Project Requirements Maintain the focus of the team members on satisfying the project purpose, objectives, and scope of work. Monitor and confirm that the technical aspects of the project are being performed and prepared in compliance with the CITY's expectations. Verify that the information generated on the project is being filed. Task 1.3 Measure Budget Conformance On a monthly basis, monitor the Phase 1 engineenng budget. Monitor the planned versus actual rate of expenditure for each element, and identify trends, taking corrective actions if necessary by implementing the applicable provisions of the Change Management Plan. Task 1.4 Measure Schedule Conformance Monitor and modify the Project Schedule on a monthly basis or as needed to determine potential impacts of proposed changes. Adjust the durations, predecessor relationships, constraints, linkages, deliverable descriptions and dates, reviews, percent completes, milestones, cntical path, and task completion dates to reflect the current status of the project and the revisions made to the work breakdown structure. Task 1.5 Communicate Progress Conduct ongoing, proactive, responsive communications with the CITY staff involved in the direction and execution of the project. Coordinate the schedule of the reviews to be performed by the CITY. Prepare and submit a monthly progress report that will include identification of work performed in the previous month's schedule, measures for mitigating schedule slippage and identification and discussion of potential problems that may arise. Prepare meeting minutes if necessary and distribute to attendees. Task 1.6 Lead the Project CONSULTANT Team Provide direction to the project CONSULTANT team. Conduct project coordination meetings as required with appropriate task leaders. Monitor the planned versus actual rate of expenditure for each task and take corrective actions if necessary. Collect from each task leader, the percent complete as measured by how much work is left to be accomplished on a task by task basis. Maintain a high exposure to the project team of the issues to be resolved and their potential impacts to the measures of success for the project. Task 1.7 Manage Quality Implement the processes described in the Quality Management Plan to meet the project objectives established by the stakeholders. Perform continual Quality Planning to reaffirm which quality standards are relevant and how they are to be satisfied. Verify that Quality Control has been provided for each technical specialty to evaluate the overall project performance on a regular basis and to build confidence that the project will satisfy the current quality standards for the design, drawings, specifications, and cost estimates. Confirm that specific project results are being monitored by each technical specialty through Quality Control activities to determine if they are in compliance with the quality standards and, if not, that potential solutions to eliminate the cause(s) of unsatisfactory performance have been identified and implemented. Facilitate the c: \docume -1 \cyndy- 1.tuk\ locals -1\ temp \xpgrpwise \exhibit_a_scope_of work_sup8_v1a_1.docx Printed 11/13/2009 •NTB Page 9 identification and assignment of appropriate senior reviewers for each technical specialty. Confirm that the current Quality Control activities are clearly indicated in the Project Schedule. Task 1.8 Manage Change Based on the project budget established by the CITY: 1. Identify, Analyze Develop Change Strategies. Orchestrate the Change Management Plan by logging and tracking potential changes identified from any source (Step 1); facilitating the analysis of the change and determination of its impacts (Step 2), and facilitating the development of a response strategy (Step 3). The specific activities associated with completing Steps 2 3 on a given potential change will be largely the responsibility of each technical specialty staff. 2. Identify Analyze Risk of Change. Identify and analyze the likelihood of the potential change introducing risk into the project. Characterize the risk to the extent possible and outline control measures for minimizing its negative effects. 3. Change Authorization. Communicate the proposed strategy(s) to resolve the change and make appropriate revisions as necessary to gain endorsement for the change (Step 4). Obtain a written change authorization from the CITY, by the City Public Works Director, and from the CONSULTANT, by its Project Manager, as representatives of the project stakeholders. 4. Workplan Revisions. Prior to undertaking the work as a result of the change, revise the project workplan (Step 5) to avoid misunderstandings, discontent, and poor project performance. Monitor the implementation of the change using the standard project tools and techniques. TASK 2 COORDINATION AND PUBLIC INFORMATION The objectives of this task are: the development of a successful design through coordination with project stakeholders. Task 2.1 Coordinate Activities with Southcenter Place Building, Doubletree Hotel and McDonald's restaurant and other property owners Assumptions: The Consultant shall schedule and conduct one meeting with McDonalds and one joint meeting with the Doubletree Hotel and Legacy Partners during the Final Design of the project. The purposes of the meetings are: to solicit input on the reconfiguration of parking, right -of -way impacts and pedestrian facilities on each owner's property and to describe impacts during construction. This task shall include the development of one sketch for each property to showing the agreed upon parking lot configuration. c: \docume -1 \cyndy- 1.tuk\locals -1\ temp \xpgrpwise \exhibit_a_scope_of work_sup8_v1a_1.docx Printed 11/13/2009 a1NTB Page 10 Deliverables: One sketch for each revised parking lot layout for the three parcels. Prepare meeting minutes for two meetings. 3.0 WSDOT COORDINATION Task 3.1 WSDOT Coordination WSDOT coordination and approvals will be required on several items including channelization and signing plans, limited access issues, deviations or evaluate upgrades and other project elements potentially within WSDOT's purview. Assumvtions: The City of Tukwila will write and assemble any deviations required for the project. WSDOT design coordination assume coordination and approvals are only required for the Buttonhook Ramp design, Klickitat Dr. Southcenter Parkway Intersection geometry, northern I -5 ramp terminal intersection with Southcenter Parkway, and areas of Southcenter Parkway within WSDOT limited access boundaries that require WSDOT review and approval. WSDOT design coordination assumes that the 2007 100% plans will only require minimal changes. WSDOT design coordination assumes there will no redesign or reconstruction of existing WSDOT interstate ramp elements beyond the intersection returns with Southcenter Parkway. Four Channelization plan sheets plus 4 design vehicle intersection turning template sheets will be required and prepared for WSDOT approval. It is estimated that up to seven design deviations or evaluate upgrades will be required and prepared by the CITY for WSDOT approval. For budgeting purposes 48 hours have been included to support the CITY in the preparation of design deviations and the project analysis report, including the preparation of exhibits. Time required beyond 48 hours shall be considered Extra Work. Attendance will be required at meetings with WSDOT to present information and discuss design issues. It is assumed that two CONSULTANT staff will attend 4 meetings with WSDOT staff. Each meeting is assumed to be 4 hours duration including preparation and travel time. Deliverables: WSDOT Channelization Plans for Approval and preparation of Project Development Package. Prepare meeting minutes for up to four meetings. c: \docume -1 \cyndy- 1.tuk\ locals -1\ temp \xpgrpwise \exhibit_a_scope_of work_sup8_v1a_1.docx Printed 11/13/2009 •1NTB Page 11 TASK 4 DEVELOP CONSTRUCTION STAGING PLAN AND SCHEDULE Task 4.1 Construction Staging and Scheduling The purpose of this task is to develop a feasible approach to staging the construction over a two year period. The two year construction period will meet the requirements of the City's construction moratorium. In this task the consultant shall: Develop one staging concept. Identify potential cost savings or escalation for staging concept at a planning level of cost estimation. Identify traffic impacts for staging concept developed. Develop a critical path schedule for the each staging concept. Deliverables: Technical memorandum of construction staging concept, related impacts and critical path schedules. TASK 5 UPDATE CONSTRUCTION COST ESTIMATE Task 5.1 Construction Cost Estimate The CONSULTANT shall update the Engineer's Estimate of Probable Construction Cost developed for the 2007 shelf submittal with current unit bid prices. The costs shown in the estimate represent an estimate of probable costs prepared in good faith with reasonable care. HNTB has no control over the costs of construction labor, materials or equipment, nor over competitive bidding or negotiating methods and does not make any commitment or assume any duty to assure that bids or negotiated pnces will not vary from this estimate. Deliverables: Updated Engineer's Estimate of Probable Construction Cost. TASK 6 REVIEW OF DRAINAGE DESIGN Task 5.1 Review of Drainage Design Concepts c: \docume -1 \cyndy -1.tuk \locals- 1 \temp\xpgrpwise \exhibit a_scope_of work_sup8_vla_1.docx Printed 11/13/2009 •INTB Page 12 The CONSULTANT shall review the drainage design from the 2007 shelf submittal to identify opportunities to optimize drainage facilities based on current drainage requirements from Washington State DOE and WSDOT HRM. Deliverables: Brief Technical Memorandum documenting potential cost savings opportunities. c: \docume -1 \cyndy -1.tuk \locals -1 temp\ xpgrpwise\ exhibit_a_scope_of_work_sup8_v1 a_1.docx Printed 11/13/2009 a1NTB Page 13 M M M Exhibit C1 HNTB Corporation Consultant Fee Determination Summary Sheet (Lump Sum) Tukwila Urban Center Access Project: Klickitat/Southcenter Parkway Supplement No. 8 Final Design DIRECT SALARY COSTS Staff Classification Hours Rate Total Cost Principal 8 $269.34 $2,155 Project Manager 230 $186.65 $42,929 Construction Program Manager 40 $233.60 $9,344 Sr. Engineering Manager 0 $158.38 $0 Sr. Architectural Manager 0 $175.43 $0 Senior Project Engineer 176 $177.54 $31,246 Project Engineer 24 $137.12 $3,291 Design Engineer /Traffic Engineer 32 $90.87 $2,908 Landscape Architect 0 $92.97 $0 Technician 24 $96.48 $2,315 Project Administrator 38 $113.06 $4,296 Admin. Asst. /Clerical 0 $67.74 $0 Total Hours TOTAL SALARY COSTS REIMBURSEABLE COSTS 572 Local Travel (Mileage /Parking): $100 Reproduction: $400 Other: $100 TOTAL REIMBURSEABLE COSTS $600 SUBCONSULTANT COSTS HDR Engineering, Inc. $48,3031 TOTAL FEE $147,3871 C: \DOCUME -1 \CYN DY -1.TU K\LOCALS -1 \Temp\XPg rpwise1Exhibits_B_ &_C_supp8_v1 a Exhibit_C- 1_HNTB 11/13/200911:50 AM $98,4841 CITY COUNCIL City of Tukwila BUDGET PROGRAM GOALS THIRD QUARTER REPORT TO COUNCIL July 1 September 30, 2009 Prepared for Transportation Committee Jim Haggerton, Mayor 1. Seek out opportunities for Councilmembers to further their knowledge. experience and awareness of the different cultures represented within the Tukwila community: Assigned to Community Affairs Parks Committee for implementation and /or follow -up. No activity to report during third quarter. 2. Support proarams and services that provide a sense of stability, community and unity throughout Tukwila's residential neiahborhoods: Assigned to Community Affairs Parks Committee for implementation and /or follow -up. Councilmembers continue sponsoring a monthly Coffee Chat in the Tukwila community. 3 Work together in cooperation with nearby cities to address common problems in the Hiahwav 99 corridor and Military Road: Assigned to Finance Safety Committee for implementation and /or follow -up. Mayors from Tukwila and SeaTac have been communicating regarding the possibility of a joint meeting between the two city councils. Due to an increased workload, Tukwila City Council was not able to commit to a specific meeting date during third quarter. 4. Provide legislative support and encouraaement to Tukwila residents living in rental communities throuah proarams that hold owners and /or property managers accountable for providing safe places to live through the implementation of a rental licensina Droa ram Assigned to Community Affairs Parks Committee for implementation and /or follow -up. Tukwila Councilmembers actively opposed HB 1296/SB 5495 which provided for limitations on rental housing inspections. Relative legislation was deferred this legislative session Department of Community Development staff continues to move forward with developing a rental housing licensing program for Tukwila. 5. Approve and implement standard operating procedures for the Council. Review and update procedures on a regular basis: Not currently assigned to a specific committee. During third quarter, the Legislative Analyst continued to research, gather information and prepare draft materials relative to Council standard operating procedures. 6. Support the implementation of City endorsed proarams (i.e. Walk Roll Plan. Fire Master Plan. Parks Recreation Open Space Plan) through policy related decisions not associated with direct program funding. Assigned to Community Affairs Parks Committee for implementation and /or follow up. No activity to report during third quarter. 7 Ensure a commitment to continued human services funding in relation to the cost of livina through consistent review of regional. state and federal budaets affecting human services proarams and services: Assigned to Community Affairs Parks and Finance Safety Committees for implementation and/or follow -up. This item will be scheduled for Committee review as budget reviews deem appropriate. 8. Study the feasibility and implementation of televised City Council meetinas: Assigned to Utilities Committee for implementation and /or follow -up. Information Technology staff has conducted preliminary research on this topic, which will be scheduled for Committee discussion during the third quarter. 9. Continue to foster relationships within local, reaional and state entities that encourage opportunities for ioint partnership and outreach: Assigned to Utilities Committee for implementation and /or follow -up. Councilmembers serves as representatives and alternates on local, regional and state boards, committees and commissions including but not limited to: SCATBd, SKEDI, WRIA 9, AHAB, Suburban Cities Association, Association of Washington Cities, Highline Forum and Cascade Water Alliance. 2009 Third Quarter Report Prepared for Transportation Committee Page 2 10. Formulate an Adopt -a- Neiahborhood proaram that will Provide Councilmembers the opportunity to become more familiar with the chanaina faces of communities and neiahborhoods throughout the City: Assigned to Community Affairs Parks Committee for implementation and /or follow -up. This item was not scheduled for Committee review during the third quarter. 11. Research the viability of soonsorina a City -wide Citizens' Academy: Assigned to Community Affairs Parks and Finance Safety Committees implementation and /or follow -up. This item was not scheduled for Committee review during the third quarter. 12. Establish a Process to Provide updates to Council on issues that are brouaht forward at Council meetinas during citizen comment opportunities Assigned to Transportation Committee for implementation and/or follow -up. This item was not scheduled for Committee review during the third quarter. PUBLIC WORKS DEPARTMENT 3 QUARTER SIGNIFICANT ISSUES The Howard Hanson Dam seepage problem continues, despite Corp of Engineers work to install a temporary fix that may or may not allow additional water to be stored behind the dam Staff participated in numerous local and regional planning and outreach meetings. Council passed Resolution No 1689 declaring a local emergency due to increased flood potential because of dam's lower storage capacity Notice to Proceed issued for Surface Water's Storm Lift Station No 18 Upgrade and Gilliam Creek Basin Stormwater Overflow. BUDGET PROGRAM GOALS Public Works Administration 1 Prepare and present a comprehensive City Facilities Upgrade and Replacement Plan Has been placed on -hold until a financing plan is adopted. 2. Evaluate future grant funding options available and Propose a course of action to fund transportation projects: Staff will continue to seek funding opportunities 3. Implement the Emeraencv Management Community Disaster Education (CDE) Proaram: In progress. Preparedness briefings are part of the Outreach Program for the Howard Hanson Dam planning effort. Council approved Resolution 1689 declaring a local emergency due to flood control capabilities of the Howard Hanson Dam. 4. Provide auarterly reports on emeraencv management issues. Ongoing, Mayor and Council are being regularly updated on all issues 5. Hold auarterly community informational meetinas: Ongoing. Emergency Management has held 7 public outreach briefings to date with several hundred people in attendance. Business Services 1. Create a more effective. cost efficient department— proiectina and monitorina department costs. seeking more cost effective purchasina aareements with vendors: preparing the department's operation. maintenance and capital facilities budaet using a "needs- basis" approach Ongoing. 2. Review the feasibility of using Council- approved Local Improvement Districts (LIDs) as a means of financina street improvement proiects for residential and commercial areas. The formation process began for LID #33 for the TUC Access (Klickitat) Project. Resolution No. 1690 for the Intent to Form a LID was approved by Council September 21, 2009. 3. Review "rate model" for establishina appropriate rates for water. sewer and surface water enterprise funds. Investiaate the feasibility of a consumption -based sewer rate. Ongoing Maintenance Administration 1. Identify operational requirements (facility space, equipment. and personnel) for all maintenance functions being performed: Staging and storage have been prioritized with the flood threat. 2009 Third Quarter Report Prepared for Transportation Committee Page 3 2. Implement recurrent technical trainina and operational safety programs to maintain emolovee certification levels to meet current and undated regulations: Training was completed for confined space and the City's confined space plan with the new regulations has been approved. 3. Initiate a program that will improve the enerav efficiency of City maintenance operations: As part of the City's Green Team, Public Works is reducing waste and evaluating energy conservation Engineering Administration 1 Assess standardized contractina procedures for construction and repair projects: Ongoing 2. Annual assessment and update of transportation impact fees system. On hold pending budget approval for traffic model and transportation element update. Development General: 1. Maintain and improve the turn around time for permit review and approval All performance goals are being met. 2 Work with and support DCD to improve permit processes. Ongoing. Performance: 1. Zero backloas of permits waitina for more than 30 days to be reviewed: Goal met. 2. Permits for sinale familv residences issued within 30 days Goal met. Facility Maintenance General: 1. Maintain a record keeping and trackina system for facility maintenance work order allocation Review of the data is ongoing 2. Implement the business plan for facility maintenance. Planning is now part of the Green Initiative Performance: 1 Advertise and award 90% of active Fund 303 Projects no later than June 1 On budgetary hold 2. Reduce facility maintenance costs by 10% throuah efficiencies: Reviewing and implementing lighting cooling efficiencies. Street Maintenance /General Admin General: 1. Participate in pavement manaaement for the multi -year street overlay program. Completed the design review with engineering. 2. Assess the Traffic Operations Center (TOM effectiveness and flexibility with an emphasis on expandina its use by other deoartments: Fiber expansions being done with CIP projects. Performance: 1. Repair City -owned streetliahts within 72 hours. For Seattle City Liaht/Puaet Sound Enerav streetlights. report within 24 hours: Repairs have been made on City -owned lights as needed 2. Correct all traffic sianal problems within 24 hours Goal being met. 3. Perform auarterly preventative maintenance on all City -owned traffic sianals: Completed all LED replacements in the traffic signal heads. 4. Evaluate reflectivity of all sians once a vear Will begin in fourth quarter 5. City street cleaning: Sweeping will continue now that mowing season is done. Residential 100 percent of the streets. twice a year. Arterial residential and commercial /industrial roads six times a year. Arterial commercial /industrial roads eiaht times a year. 6 Potholes shall be repaired within 48 hours of notification. Goal being met 7. Provide auarterly reports on the effort to remove araffiti from public property: Report at end of year Residential Streets General Engineering 1. Prioritize. budaet. and schedule list of residential street improvement oroiects. includina condition of sidewalks. for inclusion into the City's Capital Improvement Proaram: On hold. 2009 Third Quarter Report Prepared for Transportation Committee Page 4 2. Annual update of pavement manaaement system. 2009/2010 Overlay Repair Program construction is nearly complete. The pavement management system will be updated and presented to Transportation Committee in the fourth quarter. Bridges Streets General Engineering 1 Ongoing construction of Phase II III of Tukwila International Blvd. Improvement Project: Construction is 50% complete, ahead of schedule and under budget. Contractor is preparing for winter construction season. 2. Award construction contract for Tukwila Urban Access (Klickitat) Project: Bid award targeted for fourth quarter. ROW acquisition underway, followed by ROW certification and LID formation. 3. Award construction contract for Southcenter Parkway Proiect: Development agreement approved. Final design supplemental agreement with David Evans to Council in October for approval. Equipment Rental General: 1. Use the Fleet Management Database to recommend a 10 percent reduction in the City's fleet costs. Carpool and auction efforts have reduced under utilized vehicles. 2. Fully implement the Vehicle Replacement Guidelines Procedures: Goal being met. Performance: 1 Return 100 percent of vehicles for preventive maintenance and checkup within the 30 -day timeframe Ongoing, goal being met. 2. Keep 90 percent of safety vehicles (Police and Fire) available for use. Nearing completion of broken fire trucks for full enablement of the Fire fleet. 3 Complete by April 30th. the "Condition of the City's Fleet" Report: Forthcoming at year -end. 4 Complete 85 percent of the capital equipment purchases by June 30` On budgetary hold.