HomeMy WebLinkAboutCOW 2007-06-25 COMPLETE AGENDA PACKET Tukwila City Council Agenda
COMMITTEE OF THE WHOLE
ifskig f
u i o s Steven M. Mullet Mayor Councilmembers: Joe Duffie Joan Hernandez
'1; r Rhonda Berry, City Administrator Pam Carter Jim Haggerton
190e Verna Griffin, Council President Pamela Linder Dennis Robertson
MONDAY, June 25, 2007; 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. CITIZEN At this time, you are invited to comment on items not included
COMMENT 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. SPECIAL ISSUES a. Adoption of 2006 State Building Code. Pg. 3
b. Tukwila Urban Center; Pg.29
Pedestrian/Bicycle Bridge consultant selection.
4. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
5. MISCELLANEOUS
6. EXECUTIVE
SESSION
7. 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 /"1'llD 206 248 -2933. This notice is available at
www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
1
Ini!ials ITEM NO.
i Meetin Date Pre are Mayor's review Council review 1
1 06/25/07 RSB I I !i I
soa�� I I 11 I I 1 a
I I I
ITEM INFORMATION
CAS NUMBER: 07-084 I ORIGINAL AGENDA DALE: 6/25/07
AGENDA ITEM TITLE 2006 State Building Codes
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Alt Date Mtg Date liftg Date 11vltg Date tg Date itiltg Date ILltg Date
SPONSOR Council Mayor Adm Svcs ®DCD Finance Fire Legal P&R Police PIY/
SPONSOR'S An ordinance to amend TMC Chapter 16.04, in order to adopt the 2006 State Building Codes
SUMMARY including amendments to the administrative sections.
RE «WP:D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: Community Affairs and Parks Committee 05/30/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt the 2006 State Building Codes and amendments as proposed.
COMMIriEE Unanimous Approval, Forward to June COW
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
06/25/07
MTG. DATE ATTACHMENTS
06/25/07 Information Memorandum, dated 06/20/07.
Draft ordinance amending TMC Chapter 16.04 adopting the State Building Codes.
Minutes from Community Affairs and Parks committee, dated 05/30/07
Information Memo
To: Committee of the Whole
From: Jack Pace, Acting Director
Department of Community De lopment
Date: June 20, 2007
Subject: Amendments to Chapter 16.04 of the Tukwila Municipal Code
Issue: Adoption of the 2006 State Building Code.
Background
The State Building Code Act, Chapter 19.27 RCW, requires that each local jurisdiction
enforce the State Building Code within its jurisdiction. To comply, the City of Tukwila
must adopt the current codes and rules adopted by the State Building Code Council
(SBCC). The 2006 Codes and rules are effective throughout the state on July 1, 2007.
The State Building Code; as defined by the SBCC; is composed of the following
documents:
International Building Code, Standards and amendments.
International Residential Code, Standards and amendments.
International Mechanical Code, Standards and amendments.
International Fire Code, Standards and amendments.
Uniform Plumbing Code, Standards and amendments.
The Unifoun Plumbing Code is not part of the International family of codes and is
published and revised by the International Association of Plumbing and Mechanical
Officials. Requirements for fuel gas fired appliances occur in the mechanical code and
the plumbing code. The solution to potential conflict and duplicity was the adoption of
the International Fuel Gas Code as part of the State Building Code.
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Alternatives /Discussion /Analysis
Building Division administers the 2003 State Building Codes including the state
amendments thereto with the exception of the International Fire Code. The 2006 Edition
of the State Building Code has been amended and adopted by the State Building Code
Council. It is now time for the City of Tukwila to adopt the new edition of the State
Building Code in order to remain consistent with statewide building regulations.
The amendments to Ordinance 2157 (Chapter 16.04 of the Tukwila Municipal Code)
includes adoption of the 2006 State Building Code including the State amendments and
local amendments to the administrative chapters of the respective codes. The following
is a brief overview of the administrative amendments included in the draft ordinance:
1) Section 16.04.010, Purpose of Chapter. Revised to correspond to the intent and
scope stated in IBC.
2) Section 16.04.020, Codes Adopted. The 2006 editions of the International
Building Code, International Residential Code, International Mechanical Code,
Uniform Plumbing Code, International Mechanical Code and the International
Fuel Gas Code.
3) IBC Section 101.2, Building, Item 1. Clarification of the definition of accessory
structures. This definition applies to tool and storage sheds, playhouses and
similar uses less than 120 square feet in floor area that are exempt from the
requirements of a building permit. The amendment to this definition is intended
to clarify that these structures are stand alone and not to be considered as
located/constructed within any existing building.
4) The appeal process for all adopted codes is amended for unifolinity with the
hearing examiner's appeal process as provided for in the TMC..
5) Expiration of permits, extension for unexpired permits and the process for
renewals of expired permits has been codified.
6) Uniform Plumbing Code. Design and construction standards for water supply,
sanitary drainage and cross connection control is clarified. This is to eliminate
conflicts between the plumbing code provisions and the Public Works Design
Standards. The Public Works Design Standards are more detailed and more
restrictive than provisions in the plumbing code.
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7) Fee refund policy is established. The Unifonn Building Codes had a stated refund
policy the International Codes do not. This amendment is intended to establish a
unifolnl policy for all codes enforced by Building Division.
8) The schedules of all permit fees remain unchanged.
9) TMC Section 16.04.110, Expiration of a relocation permit is changed from 90
days to 180 days from the date of issuance and does not allow extensions. This
time limitation will now correspond to the limitations of the other codes and is
intended to provide an incentive to complete the work by a date certain time
frame.
10) TMC 16.04.170, Item (7) is amended. The removal of the Chief of the Police
Department as the authority having jurisdiction over approval of locking devices.
New language has been added to require that new construction shall be in
accordance with the IBC and the installation and approval of any alternate locking
devices in existing buildings shall be in accordance with approval by the Fire
Department.
11) TMC Section 16.04.250 (G) Electrical Permit Fees. The requirement for a plan
review and plan review fee for low voltage electrical permits that are related to
fire alaiiu systems is hereby deleted.
Implementation of new code requirement.
The CAP Committee was made aware of a change in the 2006 IBC that will impact
retail sales businesses. Currently, (common in larger department stores) sales floors
are divided into merchandise pads for the various departments. This code change will
now require access aisles within merchandise pads to provide clear pathways for
access through the merchandise.
A joint effort by the Building Division and the Fire Department will be necessary to
educate the retail sales businesses both new and existing to make them aware of the
new requirement. Owners of new retail sales buildings or tenant improvements to
existing buildings will be educated during the nomual building permit process.
Existing businesses would be notified by written notification as part of the routine
code compliance inspection.
Potential liability issues.
For the six years that the IBC has been published and the seventy years that the UBC
had been published, regulating the placement of merchandise in a retail space has not
been identified as a problem for egress. This does not mean that it is not a problem.
It means that it took approximately seventy -six years for the requirement to become a
part of a building code. Consequently, a reasonable transition period for obtaining
compliance should be expected. Liability exposure during this transition period
should be no greater than during the transition periods associated with any other code
change.
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Options
1) Continue administering the 2003 State Building Codes and amendments in
accordance with Ordinance 2157.
2) Adopt the 2006 State Building Codes and amendments as proposed in draft
ordinance.
Recommendation
Forward adopting ordinance to the July 2, 2007 regular council meeting for approval.
Attachments
Draft Ordinance.
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 2121 AND 2157, AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.04,
"BUILDINGS AND CONSTRUCTION," ADOPTING THE 2006 STATE
BUILDING CODE; ESTABLISHING AUTHORITY FOR HEARING-
RELATED APPEALS; PROVIDING FOR SEVERABILTTY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Chapter 19.27 RCW requires that all jurisdictions in the state shall
enforce the State Building Code as adopted by the State Building Code Council,
effective July 1, 2007; and
WHEREAS, the International Building Code, International Residential Code,
International Mechanical Code, International Fire Code and Uniform Plumbing Code
are documents that are adopted by the State Building Code Council as parts of the State
Building Code; and
WHEREAS, the City Council desires to adopt provisions for administration and
enforcement of the State Building Code; and
WHEREAS, the City Council desires to establish the City of Tukwila hearing
examiner as the authority to hear and rule on appeals relative to the application and
interpretation of the State Building Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. TMC 16.04 Amended. Ordinance Nos. 2121 and 2157, as codified at
TMC 16.04, "Buildings and Construction," are hereby amended to read as follows:
CHAPTER 16.04
BUILDINGS AND CONSTRUCTION
Sections:
16.04.010 Purpose of Chapter
16.04.020 Codes Adopted
16.04.030 Filing of Copies of State Building Codes
16.04.040 Compliance with Other Regulations as Prerequisite for Building Permits
16.04.050 Building Moving and Demolition Permits
16.04.060 Application for Relocation /Demolition Permit
16.04.070 Correction of Defects Before Issuance of Permit
16.04 080 Terms and Conditions of Issuance
16.04.090 Application Fee
16.04.100 Debris and Excavations
16.04.110 Expiration
16.04.120 Relocation Bond Required
16.04.130 Relocation Bond Conditions
16.04.140 Relocation Bond Default in Performance of Conditions
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16.04.150 Relocation Bond Refund of Surplus on Termination
16.04.160 Washington State Energy Code Adopted
16.04.170 Additional Requirements for Security Devices
16.04.180 Definitions
16.04.190 Enforcement Right of Entry
16.04.200 Adoption of County Ordinance 451
16.04.210 Adoption of County Health Regulations
16.04.220 Enforcement Officer Designated
16.04.230 Fee Payment
16.04.240 Abatement of Dangerous Buildings by City
16.04.250 Schedule of Permit Fees
16.04.010 Purpose of Chapter
TMC Chapter 16.04 is enacted for the purpose of adopting rules and regulations
governing the conditions and maintenance of all property. buildings and structures: by
providing standards for supplied utilities, facilities and other physical things and
conditions essential to ensure that structures are safe, sanitary and fit for occupation
and use; the condemnation of buildings and structures unfit for human occupancy. and
use and abatement of such structures in Tukwila; regulating the issuance of permits and
the collection of fees: and helping to ensure the protection of the health, safety and the
general welfare of the public.
16.04.020 Codes Adopted
Effective TuIv 1. 2007, the following codes are adopted by reference as if fully set
forth:
1. The International Building Code, 2006 Edition. and referenced standards
hereto as published by the International Code Council, Inc., and as adopted by the State
of Washington in Chapter 51 -50 WAC. The following Appendices, standards and
amendments are specifically adopted:
a. Appendix E, Supplementary Accessibility Requirements.
b. ICC /ANSI A117.1- 2003. American National Standard.
c. Section 101.2 of the International Building Code, 2006 Edition, is amended
to include Exception 2: Work performed by the City of Tukwila and located in City of
Tukwila right -of -way; work performed by Washington State Department of Transporta-
tion and located in WSDOT right -of -way to include public utility towers and poles,
mechanical equipment not specifically regulated in this code, and hydraulic flood
control structures; provided that any structures or buildings intended to be used as any
occupancy classification of the State Building Code are not exempt from the provisions
of this code.
d. All sections and references to provisions in the ICC Electrical Code and
ICC Plumbing Code are not adopted.
e. Definition. Section 105.2, "Building," item 1, is amended to read: One-
story detached accessory structures used as tool and storage sheds, playhouses and
similar uses; provided the floor area does not exceed 120 souare feet, and such structure
is outside of and entirely separated from any existing building on the premises.
f. Appeals. Section 112, "Board of Appeals," is amended as follows: Anv
person, firm or corporation may register an appeal of a decision or determination of the
Building Official, provided that such appeal is made in writing within 14 calendar days
after such person, firm or corporation shall have been notified of the Building Official's
decision. Any person, firm or corporation, shall be permitted to appeal a decision of the
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Building Official to the Tukwila Hearing Examiner when it is claimed that anv or
more of the following conditions exists:
1) The true intent of the code or ordinance has been incorrectly
interpreted.
21 The provisions of the codes or ordinances do not fully apply.
31 The decision is unreasonable or arbitrary as it applies to alternatives or
new materials.
Appeal procedures shall be in accordance with TMC Chanter 18.116.030.
g. Section 105.5 is amended as follows:
Expiration Every permit issued by the Building Official under the
provisions of this code shall expire by limitation, and become null and void if the work
authorized by such permit is not commenced within 180 days from the date of such
permit; or after the work is commenced, if the work is suspended or abandoned at any
time for a period of 180 days.
Extensions to permits. Any person holding an unexpired permit may
apply for an extension of the time within which work may commence under that permit
when the person is unable to commence work within the time reouired by this section.
The Building Official may extend the time for action for a period not to exceed 180 days,
provided that the request is in writing and shows that circumstances beyond the control
of the permit holder have prevented action from being taken. No permit shall be
extended more than once.
Renewals of expired permits. Before such work can be recommenced, a
new permit shall be first obtained. The permit fee therefore shall be one half the amount
required for a new permit for such work; provided that no changes have been made or
will be made in the original plans and specifications for such work, and provided
further that such suspension or abandonment has not exceeded one year. In order to
renew action on a permit after expiration of more than one year, the permittee shall pay
a new full permit fee and plan review fee where applicable.
h. Section 113.4, "Violations and Penalties." is amended to include: Any
person firm or corporation who shall willfully violate or fails to comply with a Notice
and Order is liable for the monetary penalties prescribed in TMC 8.45.100A2.
2. The International Residential Code for One- and Two Family Dwellings, 2006
Edition, published by the International Code Council, Inc.. as adopted by the State of
Washington; provided that Chapters 11 and 25 through 42 of this code are not adopted.
Energy code provisions are superceded by Chapter 51 -11 WAC; Plumbing Code
provisions are superceded by Chapter 51 -56 WAC; Electrical code is the NEC. NFPA 70
as adopted by the City of Tukwila. Appendix G. Swimming Pools, Spas and Hot Tubs is
included in the adoption of the International Residential Code. However. where there is
conflict between Appendix G, and TMC Chapter 16.25. the more restrictive provision
shall apply; provided that the following amendment is applicable:
a. Expiration. Every permit issued by the Building Official under the
provisions of this code shall expire by limitation. and become null and void if the work
authorized by such permit is not commenced within 180 days from the date of such
permit; or after the work is commenced. if the work is suspended or abandoned at any
time for a period of 180 days.
b. Extensions to permits. Any person holding an unexpired permit may
apply for an extension of the time within which work may commence under that
permit, when the person is unable to commence work within the time reouired by this
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section. The Building Official may extend the time for action for a period not to exceed
180 days provided that the request is in writing and shows that circumstances beyond
the control of the permit holder have prevented action from being taken. No permit
shall be extended more than once.
c. Renewals of expired permits. Before such work can be recommenced. a
new permit shall be first obtained. The permit fee therefore shall be one half the amount
reauired for a new permit for such work, provided that no changes have been made or
will be made in the original plans and specifications for such work; and provided
further that such suspension or abandonment has not exceeded one year. In order to
renew action on a permit after expiration of more than one year. the permit tee shall pay
a new full permit fee and plan review fee where applicable.
d. Appeals. Section 112, "Board of Appeals," is amended as follows: Anv
person, firm or corporation may register an appeal of a decision or determination of the
Building Official, provided that such appeal is made in writing within 14 calendar days
after such person, firm or corporation shall have been notified of the Building Official's
decision. Any person, firm or corporation, shall be permitted to appeal a decision of the
Building Official to the Tukwila Hearing Examiner when it is claimed that any one or
more of the following conditions exists:
1) The true intent of the code or ordinance has been incorrectly
interpreted.
2) The provisions of the codes or ordinances do not fully apply.
3) The decision is unreasonable or arbitrary as it applies to alternatives or
new materials.
Appeal procedures shall be in accordance with TMC Chapter 18.116.030.
3. The Uniform Plumbing Code and the Uniform Plumbing Code Standards, 2006
Edition, published by the International Association of Plumbing and Mechanical
Officials, and as adopted by the State of Washington in Chapters 51 -56 and 51 -57
WAC; provided that Chapters 12 and Chapter 15 of this code are not adopted. Provided
further, that those requirements of the Uniform Plumbing Code relating to venting and
combustion air of fuel fired appliances as found in Chapter 5 and those portions of the
Code addressing building sewers are not adopted. Appendixes A, B, D, and I of the
Uniform Plumbing Code are hereby adopted by reference. Provided further. that the
following amendments to the Uniform Plumbing Code are adopted:
a. All reference to and definition of "Authority Having Turisdiction" is
deemed to refer to and shall mean the "Building Official
b. UPC Section 103.4.5.1: The Building Official may authorize the refunding
of any fee paid hereunder which was erroneously paid or collected.
c. Water supply and distribution. Cross connection control for premises
isolation related to the City's public water system shall be in accordance with the City of
Tukwila Public Works Department's "Development Guidelines and Design and
Construction Standards," Cross connection control for premises isolation related to
water purveyors outside of the City of Tukwila water system shall be in accordance
with that water purveyor's policies and standards.
d. Sanitary drainage. Side sewer. private sewer main extensions beyond a
Point defined in the plumbing code as the building drain. and required grease
interceptors all within the City's sewer districts shall be in accordance with the City of
Tukwila Public Works Department "Development Guidelines and Design and
Construction Standards Sanitary drainage. side sewers. private sewer main
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extensions beyond the building drain and grease interceptors outside the Tukwila
sewer district shall be in compliance with that pruvevor's policies and standards.
e. Appeals. Section R112, "Board of Appeals," is amended as follows: Any
person, firm or corporation may register an appeal of a decision or determination of the
Building Official, provided that such appeal is made in writing within 14 calendar days
after such person, firm or corporation shall have been notified of the Building Official's
decision. Any person, firm or corporation, shall be permitted to appeal a decision of the
Building Official to the Tukwila Hearing when it is claimed that any one or
more of the following conditions exists:
11 The true intent of the code or ordinance has been incorrectly
interpreted.
21 The provisions of the codes or ordinances do not fully apply.
31 The decision is unreasonable or arbitrary as it applies to alternatives or
new materials.
Appeal procedures shall be in accordance with TMC Chapter 18.116.030.
4. The International Mechanical Code, 2006 Edition, as published by the
International Code Council, Inc. and as amended and adopted by the State of
Washington in Chapter 51 -52 WAC.
5. The Washington State Ventilation and Indoor Air Quality Code, 2006 Edition;
Chapter 51 -13 WAC.
6. The International Fuel Gas Code, 2006 Edition, Chapter 51 -52 -21000 WAC.
7. The 2005 edition of the National Electrical Code (NFPA 70 2005), as
published by the National Fire Protection Association, Inc., including Annex A, B and
C; and Standards and referenced works referred to and the regulations contained in
Chapter 296- 46B -010 WAC, as now in effect and as may subsequently be amended,
updated or issued as new editions, pursuant to RCW 19.28.031, are hereby adopted by
reference to establish safety standards in installing electric wires and equipment, and to
provide administrative rules, with the exception of the inspection fees of WAC 296-46B-
905 and the permit fees of WAC 296-46B-900 and Class B basic electrical inspection
process of WAC 296 -46B -110. Provided further, that the following administrative
procedures are adopted:
a. The authority having jurisdiction within the City of Tukwila shall mean the
Building Official, and shall include the Chief Electrical Inspector or other individuals or
jurisdictions as designated by the Building Official.
b. The authority having jurisdiction is hereby authorized and directed to
enforce the provisions of this code, and shall have the authority to render
interpretations of this code in order to provide clarification to its requirements, as
permitted by Article 90.4, and to adopt policies and procedures in order to clarify the
application of its provisions.
c. This code applies to new installations. Buildings with construction permits
dated after adoption of this code shall comply with its requirements.
d. Existing electrical installations that do not comply with the provisions of
this code shall be permitted to be continued in use, unless the authority having
jurisdiction determines that the lack of conformity with the code is found to be
dangerous to human life or property.
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e. Additions, alterations or repairs to any building, structure or premises
shall conform to that required of a new building, without requiring the existing
building to comply with all the requirements of this code or amendments adopted by
reference herein. Additions, alterations, installations or repairs shall not cause an
existing building to become unsafe or to adversely affect the performance of the
building as determined by the authority having jurisdiction. Electrical wiring added to
an existing service, feeder or branch circuit shall not result in an installation that
violates the provisions of the Code in force at the time the additions are made.
f. When the use of any electrical equipment or its installations is found to be
dangerous to human life or property, the Building Official shall be empowered to have
the premises disconnected from its source of electric supply. When such equipment or
installation has been so condemned or disconnected, a notice shall be placed thereon
listing the causes for the condemnation, the disconnection, or both, and the penalty for
unlawful use thereof. Written notice of such condemnation and the causes therfor shall
be given within 24 hours to the owners, the occupant or both, of such building,
structure or premises. It shall be unlawful for any person to remove said notice, to
reconnect the electric equipment to its source of electric supply, or to use or permit to be
used electric power in any such electric equipment until such causes for the
condemnation or disconnection have been remedied to the satisfaction of the Building
Official.
g. The authority having jurisdiction shall be permitted to delegate to other
qualified individuals such powers as necessary for the proper administration and
enforcement of this code.
h. The authority having jurisdiction shall be authorized to inspect, at all
reasonable times, any building or premises for dangerous or hazardous conditions or
equipment as set forth in this code. The Building Official shall be permitted to order
any person(s) to remove or remedy such dangerous or hazardous condition or
equipment. Any person(s) failing to comply with such order shall be in violation of this
code.
i. Where the authority having jurisdiction deems that conditions hazardous
to life and property exist, he or she shall be permitted to require that such hazardous
conditions in violation of this code be corrected.
j. To the full extent permitted by law, the authority having jurisdiction
engaged in inspection work shall be authorized at all reasonable times to enter and
examine any building, structure or premises for the purpose of making electrical
inspections. Before entering premises, the authority having jurisdiction shall obtain the
consent of the occupant thereof or obtain a court warrant authorizing entry for the
purpose of inspection, except in those instances where an emergency exists. As used in
this section, emergency means circumstances that the authority having jurisdiction
knows, or has reason to believe, exist and that reasonably can constitute immediate
danger to persons or property.
k. The Building Official shall be permitted to require plans and specifications
to ensure compliance with this code.
1. The authority having jurisdiction shall be permitted to waive specific
requirements in this code, or permit alternative methods where it is assured that
equivalent objectives can be achieved by establishing and maintaining effective safety.
Technical documentation shall be submitted to the authority having jurisdiction, to
demonstrate equivalency and that the system, method or device is approved for the
intended purpose.
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m. Each application for a waiver of a specific electrical requirement shall be
filed in writing and shall be accompanied by such evidence, letters or statements to
justify the request. Approval or denial of said request shall be in writing.
n. Application for a permit required by this code shall be made to the
Building Official in such form and detail as prescribed by the Building Official. The
Building Official shall have the authority as necessary in the interest of public health,
safety and general welfare, to adopt and promulgate rules and regulations related to
inspections, inspection approval and refund of fees.
o. Limitation of application. An application for a permit for any proposed
work or operation shall be deemed to have been abandoned 180 days after the date of
filing, unless such application has been pursued in good faith or a permit has been
issued. The Building Official is authorized to grant one extension of time for an
additional period not exceeding 90 days. The extension shall be requested in writing
and justifiable cause shall be demonstrated.
p. Limitation of permit. Every permit issued shall become invalid unless the
work on the site authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. The
Building Official is authorized to grant, in writing, one extension for a period of not
more than 180 days. The extension shall be requested in writing and justifiable cause
shall be demonstrated.
q. Suspension or revocation. The Building Official is authorized to suspend or
revoke a permit issued under the provisions of this code wherever the permit is issued
in error, on the basis of incorrect, inaccurate, false representations or incomplete
information; in violation of any ordinance, regulation, or any of the provisions of this
code. A permit shall be issued to one person or business only and for the location or
purpose described in the permit. Any change that affects any of the conditions of the
permit shall require a new or amended permit.
r. Payment of fees. A permit shall not be valid until the fees prescribed by
ordinance have been paid, nor shall an amendment to a permit be released until the
additional fee, if any, has been paid.
s. Schedule of permit fees. A fee for each permit shall be paid as required, in
accordance with TMC 16.01250 (G)
t. Appeals. Section 112, 'Board of Appeals," is amended as follows: Any
Person, firm or corporation may register an appeal of a decision or determination of the
Building Official, provided that such appeal is made in writing within 14 calendar days
after such person, firm or corporation shall have been notified of the Building Official s
decision. Any person, firm or corporation, shall be permitted to appeal a decision of the
Building Official to the Tukwila Hearing Examiner when it is claimed that any one or
more of the following conditions exists:
11 The true intent of the code or ordinance has been incorrectly
interpreted.
21 The provisions of the codes or ordinances do not fully apply.
31 The decision is unreasonable or arbitrary as it applies to alternatives or
new materials.
Appeal procedures shall be in accordance with TMC Chapter 18.116.030.
u. Violations. Whenever the authority having jurisdiction determines that
there are violations of this code, a written notice shall be issued to confirm such
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findings. Any Notice Order issued pursuant to this code shall be served upon the
owner, operator, occupant or other person responsible for the condition or violation,
either by personal service or mail or, by delivering the same to and leaving it with,
some person of responsibility upon the premises. For unattended or abandoned
Locations, a copy of such Notice Order shall be posted on the premises in a
conspicuous place, at or near the entrance to such premises, and the Notice Order
shall be mailed by registered or certified mail, with return receipt requested, to the last
known address of the owner, occupant or both.
v. Penalties Any person, firm or corporation who shall willfully violate or
fails to comply with a Notice Order is liable for the monetary penalties prescribed in
T.M.C. 8.45.100A2.
16.04.030 Filing of Copies of State Building Codes
The City Clerk shall maintain on file not less than one copy of the codes referred to
in TMC 16.04.020 and 16.04.160, and the codes shall be open to public inspection.
16.04040 Compliance with Other Regulations as Prerequisite for Building Permits
No building permit shall be issued if the construction authorized by the permit will
violate any existing applicable law or City ordinance.
16.04.050 Building Moving and Demolition Permits
A. No person shall move any existing building or structure within or into the City
without first obtaining a relocation permit and a building permit from the Building
Division. No person shall effect any demolition of any building or structure or any part
thereof that is not exempted by Section 105.2 of the International Building Code without
first obtaining a demolition permit from the Building Division.
B. Except as otherwise provided in TMC 16.04.050, a relocation permit shall not be
issued for any building or structure that is included within any one or more of the
following categories:
1. So constructed or in such condition as to constitute a danger of injury or
death through collapse of the building, fire, defects, and electrical wiring or other
substantial hazard to the persons who occupy or enter said building after relocation;
2. Infested with rats or other vermin, or the wood members of which are
infested with rot, decay or insects;
3. So unsanitary or filthy that it would constitute a hazard to the health of the
persons who would occupy said building after relocation, or, if not intended for
occupancy by human beings, would make it unsuitable for its intended use;
4. In such condition or of a type, character, size or value, and is so
inharmonious with other buildings in the neighborhood of the relocation site, that
placing the building at the proposed relocation site would substantially diminish the
value of other property or improvements in the district into which the building is to be
relocated;
5. The proposed use of the building is prohibited at the proposed relocation
site under any zoning ordinance or other land use ordinance of this City;
6. The building, structure or relocation site does not conform to all applicable
provisions of law or ordinance.
16.04.060 Application for Relocation/Demolition Permit
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Every application for a relocation or a demolition permit shall be in writing upon a
form furnished by the Building Division, and shall set forth such information as may
reasonably be required in order to carry out the purposes of TMC Chapter 16.04. Such
information may include:
1. Pre -move inspection and investigation of the structure by the Building
Division;
2. Photographs of the building or structure to be moved and /or demolished;
3. Report from a licensed pest control contractor, stating the condition of the
building as to pest infestation;
4. Report from a registered engineer or architect, stating the structural
condition of the building and clearly indicating the steps to be taken to
preserve /enhance said condition.
16.04.070 Correction of Defects Before Issuance of Permit
A. If the building or structure to be moved fails to meet any of the standards set
forth in TMC 16.04.100, but it appears to the Building Official that the deficiencies can
be corrected, the permits shall be issued only on condition that all deficiencies are
corrected prior to the building being used or occupied.
B. In order to determine any matter regarding relocation of a building or
structure, the Building Official may cause any investigation to be made which he
believes necessary.
16.04.080 Terms and Conditions of Issuance
A. In granting a relocation permit, the Building Official may impose such terms
and conditions as are necessary, in the opinion of the Building Official, to ensure that its
relocation will not be materially detrimental or injurious to the public safety or welfare,
or to the property or improvements in the district to which the building is to be moved,
including, but not limited to, changes, alterations, additions or repairs to the building or
structure.
B. A separate foundation permit, good for 90 days, must be applied for and
approved, prior to issuance of the relocation permit.
16.04.090 Application Fee
The fee for relocation investigation service shall be a $25 base fee, plus $15 for every
10 miles distance or increment thereof, outside the City limits. In the event a building
permit is issued for a relocated building, the fees for the building permit and plan
review shall be based upon the total value of the building or structure at its relocated
site, using the same valuation formula as used for new residential construction.
16.04.100 Debris and Excavations
A. It shall be the duty of any person to whom any permit is issued for the
demolition or removal of any building or any section or portion of any building
pursuant to the provisions of TMC Chapter 16.04, and of any person leasing, owning, or
occupying or controlling any lot or parcel of ground from which a building is removed
or demolished, to remove all demolition rubble and loose miscellaneous material from
such lot or parcel of ground, to properly cap the sanitary sewer connections, and to
properly fill or otherwise protect all basements, cellars, septic tanks, wells and other
excavations.
B. After the work is completed, an inspection will be required.
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16.04.110 Expiration
A relocation permit shall expire and become null and void if the moving of the
building or structure onto a permanent foundation is not completed within 180 days
from the date of issuance of the permit. No extensions will be granted.
16.04.120 Relocation Bond Required
No relocation permit required by TMC Chapter 16.04 shall be issued by the
Building Division unless the applicant therefor first posts a bond, in a form approved
by the City Attorney, executed by the owner of the premises where the building or
structure is to be located as principal, and a surety company authorized to do business
in the State as surety. The bond shall be in form joint and several, shall name the City
as obligee, and shall be in an amount equal to the cost plus 10% of the work required to
be done, in order to comply with all the conditions of such relocation permit as such
cost is established by the Building Official. In lieu of a surety bond, the applicant may
post a bond executed by the owner as principal and which is secured by a deposit in
cash in the amount specified above with a banking or escrow agent acceptable to the
City, and conditioned as required in the case of a surety bond; such a bond as so
secured is hereafter call a "cash bond" for the purposes of TMC Chapter 16.04.
16.04.130 Relocation Bond Conditions
Every bond posted pursuant to TMC Chapter 16.04 shall be conditioned as follows:
1. Each and all of the terms and conditions of the relocation permit shall be
complied with to the satisfaction of the Building Official;
2. All of the work required to be done pursuant to the conditions of the
relocation permit shall be fully performed and completed within the time limit specified
in the relocation permit; or, if no time limit is specified, within 90 days after the date
said building is moved to the new Location. The time limit herein specified, or the time
limit specified in any permit, may be extended by the Building Official for good and
sufficient cause. No such extension of time shall be valid unless written, and no such
extension shall release any surety upon any bond.
16.04.140 Relocation Bond Default in Performance of Conditions
A. Whenever the Building Official finds that a default has occurred in the
performance of any term or condition of any permit required by TMC 16.04.140, written
notice thereof shall be given to the principal and to the surety of the bond. Such notice
shall state the work to be done, the estimated cost thereof, and the period of time
deemed by the Building Official to be reasonably necessary for the completion of such
work. After receipt of such notice, the surety must, within the time therein specified,
either cause the required work to be performed or, failing therein, must pay the full
amount of the approved bond to the City. Upon receipt of such funds, the Building
Official shall proceed by such mode as he deems convenient to cause the building or
structure to be demolished and to clear, clean and restore the site to a natural condition,
but no liability shall be incurred therein other than for the expenditure of the sum in
hand therefore.
B. When any default has occurred on the part of the principal under the preceding
provisions, the surety shall have the option, in lieu of completing, the work required, to
demolish the building or structure and to clear, clean and restore the site to a natural
condition.
16.04.150 Relocation Bond Refund of Surplus on Termination
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The term of each bond posted pursuant to TMC Chapter 16.04 shall begin upon the
date of the posting thereof, and shall end upon completion, to the satisfaction of the
Building Official, of the performance of all the terms and conditions of the relocation
permit required by this section and release of the bond by the Building Official. Such
completion and release shall be evidenced by a statement thereof signed by the Building
Official, a copy of which will be sent to the surety or principal upon request. When a
cash bond has been posted, the cash shall be returned to the depositor or his successors
or assignees upon the termination of the bond, except any portion thereof that may
have been used or deducted as provided elsewhere in TMC Chapter 16.04.
16.04.160 Washington State Energy Code Adopted
The Washington State Energy Code, Chapter 51 -11 WAC, and all amendments
thereto, is hereby adopted by this reference as if fully set forth.
16.04.170 Additional Requirements for Security Devices
The following requirements shall apply to all apartment houses, hotels, and motels,
provided that nothing in TMC Chapter 16.04 shall be construed to relieve any party
from compliance with the International Building Code and the International Fire Code:
1. Entrance doors to individual housing units shall be without glass openings
and shall be capable of resisting forcible entry equal to a wood, solid core door, 1 -3/4
inches thick. TMC 16.04.170(1) shall apply in a structure constructed after June 24,1998.
Any door replaced in existing structures must comply with TMC 16.04.170.
2. Every entrance door to an individual housing unit shall have a keyed,
single-cylinder, 1-inch deadbolt lock. The lock shall be so constructed that the deadbolt
lock may be opened from inside without use of a key. In hotels and motels every
entrance door to an individual unit shall also be provided with a chain door guard or
barrel bolt on the inside.
3. The door of a housing unit to an interior corridor shall have a visitor
observation port, which shall not be in excess of 1/2 -inch in diameter.
4. In all apartment houses as defined in TMC 16.04.180, lock mechanisms and
keys shall be changed upon a change of tenancy.
5. All exit doors shall be able to open from the interior without the use of a
key or any special knowledge or effort.
6. Deadbolts or other approved locking devices shall be provided on all
sliding patio doors which are less than one story above grade or are otherwise
accessible from the outside. The lock shall be installed so that the mounting screws for
the lock cases are inaccessible from the outside.
7. Locks and latches and the unlatching thereof shall be in accordance with
the provisions of the State Building Code. Installation and approval of anv alternate
locking devices in existing building s shall be in accordance with approval of the
Tukwila Fire Department.
16.04.180 Definitions
For the purpose of TMC 16.04.170 through 16.04.190, the following definitions shall
apply:
1. "Apartment house" means any building or portion thereof that contains
three or more dwelling units and, for the purpose of this code, includes residential
condominiums.
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2. "Hotel" means any building containing six or more guest rooms intended
or designed to be used, or which are used, rented or hired out to be occupied, or which
are occupied for sleeping purposes by guests.
3. "Motel" means hotel as defined in TMC 16.04.180 -2.
16.04.190 Enforcement Right of Entry
The Building Official is authorized and directed to enforce the provisions of TMC
16.04.170 through 16.04.190 for all new construction. The Chief of Police is authorized
and directed to enforce the provisions of TMC 16.04.170 through 16.04.190 for all
existing buildings or premises; and upon presentation of proper credentials, the Chief
of Police or his duly authorized representative may, with the consent of the occupant or
pursuant to a lawfully issued warrant, enter at reasonable times any building or
premises for the purposes of inspecting the physical security of exterior accessible
openings of such building or premises.
16.04.200 Adoption of County Ordinance 451
King County Ordinance 451 entitled "An ordinance relating to and regulating the
design, construction, equipping, operation, maintenance of spray and wading pools,
public and semi -public swimming pools; requiring plans and permits establishing a
swimming pool advisory committee; defining offenses and providing penalties," one
copy of which is filed with the City Clerk for use and examination by the public, is
adopted by reference as an ordinance of the City of Tukwila.
16.04.210 Adoption of County Health Regulations
Seattle -King County Department of Public Health rules and regulations for
construction, maintenance and operation of swimming pools, one copy of which is filed
with the City Clerk for use and examination by the public, are adopted by reference as
Tukwila's rules and regulations.
16.04.220 Enforcement Officer Designated
The director of the Seattle -King County Department of Public Health or his
authorized representative is designated as the enforcement officer of TMC 16.04.200
through 16.04.230.
16.04.230 Fee Payment
Any fees to be paid under TMC 16.04.200 through 16.04.230 shall be collected by,
paid directly to, and retained by the Seattle -King County Public Health Department.
16.04.240 Abatement of Dangerous Buildings by City
A. The City Council may, upon approval and passage of an appropriate resolution
or ordinance, direct the Mayor or a designated representative to abate a dangerous
building as determined by the provisions of TMC Chapter 16.04; and such dangerous
building may be abated by City personnel or by private contractor under the direction
and pursuant to the order of the Planning Director or designated representative.
B. The City Council shall appropriate sufficient funds to cover the cost of such
repair or demolition work. The costs incurred by the City in any such abatement
proceedings shall be recovered by special assessment against the real property
involved,and shall constitute a lien as provided by law, and particular reference being
made to RCW 35.80.030.
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C. Nothing in TMC 16.04.240 shall be construed to abrogate or impair the power
of the City or any department thereof to enforce any provision of its charter or its
ordinances or regulations, nor to prevent or punish violations thereof; and any powers
conferred by TMC 16.04.240 shall be in addition to and supplemental to powers
conferred by other laws; nor shall TMC 16.04.240 be construed to impair or limit in any
way the power of the City to define and declare nuisances and to cause their removal or
abatement, by summary proceedings or in any manner provided by law.
16.04.250 SCHEDULE OF PERMIT FEES.
A. Building Permit Fee Schedule:
1 Total Valuation j Building Permit Fees
$1 to $500 1 $29 j
$501 to $2,000 $29 for the first $500, plus 83.78 for each additional $100, or
fraction thereof, to and including 82,000
82,001 to 825,000 1 $85.70 for the first $2,000, plus $17.36 for each additional
$1,000, or fraction thereof, to and including 825,000
$25,001 to 850,000 $484.98 for the first 825,000, plus $12.52 for each additional
$1,000, or fraction thereof, to and including $50,000
850,001 to 8100,000 $797.98 for the first 850,000, plus $8.68 for each additional
81,000, or fraction thereof, to and including $100,000
8100,001 to 8500,000 $1,231.98 for the first $100,000, plus 86.94 for each additional
$1,000, or fraction thereof to and including 8500,000
8500,001 to 81,000,000 84,007.98 for the first 8500,000, plus $5.89 for each additional
$1,000, or fraction thereof, to and including $1,000,000
$1,000,001 and up 86,952.98 for the first $1,000,000, plus $3.90 for each
additional $1,000, or fraction thereof
B. Plan Review Fee: When submittal documents are required by IBC Section 108
or IRC Section R108, a plan review fee shall be paid at the time of submitting plans and
specifications for review. The plan review fee shall be 65% of the permit fee as set forth
in the permit fee schedule. The plan review fee specified herein is a separate fee from
the permit fee and is in addition to the permit fee.
C. Other Fees:
1. Inspections outside normal business hours: 858 per hour (two-hour
minimum charge).
2. Re- inspection fee: 858 per hour, assessed upon call for third inspection of
same correction notice.
3. Inspections for which no fee is specifically indicated: 858 per hour (1/2-
hour minimum charge).
4. Additional plan review necessary due to additions or revisions to the
plans: 858 per hour.
5. Work commencing before permit issuance shall be subject to an
investigation fee of 100% of the usual permit fee.
6. Renewal of expired permits. The fee shall be one -half the amount reouired
for a new permit for such work, provided that suspension or abandonment has not
exceeded one year. Renewals after expiration of more than one year, shall reauire a full
permit fee and plan review fee where applicable.
D. Mechanical Permit Fee Schedule:
1. Permit Issuance Issuance of each permit (base fee): 830.00
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2. The permit fees for mechanical work shall be as indicated in the following
schedule:
Valuation of
Work (Total
Contract Amount) Mechanical Permit Fees
$250 or less 1 $58
8251 to $500 $58 for first 8250, plus $6.75 for each $100 or fraction thereof,
to and including $500
$501 to $1,000 $74.87 for the first $500, plus $7.49 for each 8100 or fraction
thereof, to and including $1,000
$1,001 to 85,000 $112.32 for the first $1,000, plus $8.31 for each 81,000 or
fraction thereof, to and including $5,000
55,001 to $50,000 $145.56 for the first $5,000, plus 89.22 for each 81,000 or
fraction thereof, to and including $50,000
$50,001 to $250,000 $414.90 for the first $50,000, plus $7.19 for each $1,000 or
fraction thereof, to and including $250,000
8250,001 to $1,000,000 $1,852.90 for the first $250,000, plus $6.39 for each 81,000 or
fraction thereof, to and including $1,000,000
$1,000,001 and up $4,792.50 for first $1,000,000, plus S5.68 for each 51,000 or
fraction thereof
3. Plan review fee: 25% of the calculated permit fee.
4. Work commencintr before permit issuance shall be subiect to an
investieation fee of 100% of the usual permit fee.
5. Inspections outside of normal business hours: S58 per hour.
6. Re- inspection fee assessed: $58 per hour.
7. Additional plan review required by changes, additions or revisions to
plans or to plans for which an initial review has been completed: $58 per hour (one -half
hour minimum).
8. Renewal of expired permits. The fee shall be one -half the amount reauired
for a new permit for such work, provided that suspension or abandonment has not
exceeded one year. Renewals after expiration of more than one year, shall require a full
permit fee and plan review fee where applicable.
E. Plumbing Permit Fee Schedule
1. Permit Issuance Issuance of each permit (base fee): 830.00.
2. Issuance of each supplemental permit: 815.00
3. Unit Fee Schedule (in addition to Items 1 2 above):
For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) 858
For each additional fixture $10
1 For each building sewer and each trailer park sewer 1 821
Rain water system per drain (inside building) 1 $10
1 For each water heater and/or vent 810
For each industrial waste pretreatment interceptor, including its trap and vent, 810
except for kitchen type grease interceptors
1 For each grease trap (connected to not more than four fixtures) 1 $15
For each grease interceptor for commercial kitchens (less than 750 gallon 825
capacity)
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For each repair or alteration of water piping and /or water treating equipment, $10
each occurrence
For each repair or alteration of drainage or vent piping, each fixture $10
For each medical gas piping system serving one to five inlets /outlets for a $70
specific gas
For each additional medical gas inlets /outlets 1 $7
For each lawn sprinkler system on any one meter, including (1 -5) ATMOS $5
vacuum breakers, therefore over five each ATMOS vacuum breaker
4. Other Inspections Fees (Plumbing):
Inspection outside of normal business hours (minimum 3 hours) $58 /hour
Re- inspection fee $58 /hour
Inspections for which no fee is specifically indicated $58 /hour
Plumbing permit issued after work commences for which a permit is
required:
*Emergency conditions No fee
•Non- emergency conditions: Work commencing before permit Fee is 100%
issuance shall be subject to an investigation fee equal to 100% of the of permit
permit fee. fee
Plan review fee: The fee for review shall be 25% of the total plumbing Fee is 25%
permitfee. The plan review fee is a separate fee from the permit fee, of permit
and is applicable when plans are required in order to show compliance fee
with the code.
Renewal of expired permits. The fee shall be one -half the amount
required for a new permit for such work. provided that suspension or
abandonment has not exceeded one year. Renewals after expiration of
more than one year, shall require a full permit fee and plan review fee
where applicable.
F. Fuel Gas Piping Permit Fees
1. Permit Issuance:
For issuing each permit (base fee): ($0 if permit is in conjunction with a $30
plumbing permit for an appliance with both plumbing and gas
connection.)
For issuing each supplemental permit S15
2. Unit Fee Schedule (in addition to items in F.1. above):
For each gas piping system of one to five outlets 1 $58
For each additional gas piping system outlet, per outlet $7
3. Other Inspections and Fees (fuel gas piping):
Inspections outside of normal business hours $58 hour
Re- inspection fee I $58 /hour
Inspection for which no fee is specifically indicated i $58 /hour
Additional plan review required by changes, additions, or revisions to $58/hour
approved plans (minimum charge one -half hour)
Work commencing before permit issuance shall be subject to an 100% of the
investigation fee equal to 100% of the permit fee permit fee
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Plan review fee: The fee for review shall be 25% of the total fuel gas
piping permit fee. The plan review fee is a separate fee from the permit
fee and is required when plans are required in order to show
compliance with the code.
Renewal of expired permits. One half the amount required for a new
permit for such work, provided that suspension or abandonment has
not exceeded one vear. Renewals after expiration of more than one
year, shall require a full permit fee and plan review fee where
applicable.
G. Electrical Permit Fees.
NEW SINGLE -FAMILY DWELLINGS
1 New single family dwellings (including a garage) 1 $140 1
Garages, pools, spas and outbuildings 1 $75 1
Low voltage systems 1 $55 1
SINGLE -FAMILY REMODEL AND SERVICE CHANGES
1 Service change or alteration no added /altered circuits $75 1
Service change with added /altered circuits $75 plus $10
For each added circuit (maximum permit fee $140)
Circuits added /altered without service change (includes up to 5 $50
circuits)
Circuits added /altered without service change (more than 5 circuits) S50 plus $7
For each added circuit (maximum permit fee $90)
1 Meter /mast repair 1 $65 1
1 Low voltage systems 1 555 1
MULTIFAMILY AND COMMERCIAL (Including low voltage).
VALUATION
of electrical contract PERMIT FEE
1 S 250 or less i $58 1
251 $1000 $58 for the first $250 plus $4.00 for each $100 or fraction
thereof, to and including $1000.
51,001- 55,000 $84 for the first $1000 plus $20 for each $1000 or fraction
thereof, to and including $5,000.
$5001 $50,000 $164 for the first $5000 plus 516.40 for each 51000 or fraction
thereof, to and including 550,000.
$50,001 $250,000 5902 for the first $$50,000 plus $12.00 for each $1000 or
fraction thereof, to and including S250,000.
5250,001- 51,000,000 53302 for the first 5250,000 plus $8.50 for each 51000 or
fraction thereof, to and including $1,000,000.
1 Over $1,000,000 $9,677 plus 0.5 of cost over one million
Plan review fee In addition to the permit fee, when plan review is required, a plan
review fee must be paid at the time of permit application equal to 25% of the permit fee,
with a minimum of 558.
MISCELLANEOUS FEES.
1 Temporary service (residential) 1 $58 1
1 Temporary service /generators 1 575
1 Manufactured /mobile home service (excluding garage or outbuildings) 1 $80 I
1 Carnivals 1
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Base fee I $75 1
Each concession $10 1
Inspections or plan review not specified elsewhere $58 /hour 1
Work covered without inspection or work not ready at the time of inspection may
be charged a trip fee at the hourly rate listed above.
Work without a permit. Any person who commences electrical work before
obtaining the necessary permits shall be subject to twice the established fees as set forth
in the electrical fee schedule or increased by $100, whichever is greater. This fee,
which shall constitute an investigation fee, shall be imposed and collected in all cases,
whether or not a permit is subsequently issued.
H. Fee Refunds. The Building Official may refund any Hermit fee paid by the
original permit applicant that was erroneously paid or collected. The Building Official
may also authorize the refund of not more than 80% of the permit fee when no work
has been done under a permit issued in accordance with the code. Where a plan review
fee has been collected, no refund will be authorized once it has been determined that
the plan review process has commenced. Refund of any permit fee paid shall be
requested by the original nermittee in writing and not later than 180 days after the date
of fee payment.
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 2007.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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o; City of Tukwila
(f) w�u =o Community Affairs Parks Committee
1908
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
1Liay 30, 2007- 5:00 p.m. Wednesday Meeting due to Memorial Day Holiday
PRESENT
Councilmembers: Pam Linder, Chair; Pam Carter and Dennis Robertson
Staff: Rhonda Berry, Bruce Fletcher, Jack Pace, Bob Benedicto, Dave Johnson, John Dunn,
Don Tomaso and Kimberly Matej
CALL TO ORDER: Committee Chair Linder called the meeting to order at 4:59 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. 2006 State Building Code
Bob Benedicto discussed the major changes that will be reflected in the 2006 State Building
\t/ Code affecting the City of Tukwila (see TMC Chapter 16.04). The City will need to adopt the
J 2006 State Building Code, repealing Ordinance 2157 in order to comply with the requirement
that minimum performance standards and objectives in the City of Tukwila not be less than those
contained in the State Building Code.
The proposed draft ordinance includes several administrative changes that do not correspond to
the Tukwila Municipal Code as well as conformation of certain sections to requirements set forth
in the International Building Code (IBC). Bob stated that the majority of processes we use in
Tukwila are under the IBC.
The new amendments ensure uniformity throughout our processes and will assist in consistency
of schedules. Bob noted code changes of particular interest were:
Children playground structures in malls require fire suppression coverage.
ESFR sprinkler heads can eliminate the need for smoke and heat vents.
Group M Occupancies (retail) Aisle access ways are now required to provide
occupants egress aisles within merchandise pads.
Staff will be including another amendment not reflected in the memo to the Committee. This
amendment refers to TMC 16.04.170 Additional Requirements for Security Devices, #7 the
revision will remove approval of the Chief of Police and outline approval for new construction
through the Department of Community Development and existing occupancies through the Fire
Department regarding one action deadbolt hardware (rather than two action type) required for
commercial occupancies. Additional topics will be added to the amendment overview in the
memo submitted to full Council. The two items include Section 16.04.110 expiration and the
elimination of a plan review for electrical permits in conjunction with fire alarm systems.
The Committee inquired how staff intends to educate the business community on these new
regulations. Staff responded that new developments will be led through compliance with the
regulations and existing developments would be notified through training processes and tenant
Community Affairs Parks Committee Minutes May 30. 2007 Paae 2
improvements as a means to ongoing education. The Committee has requested this information
be added to the memo prior to being submitted to full Council. The Committee was concerned
with the potential liability associates with handling new regulation information between code
changes. Don Tomaso stated that he has asked legal to research this further.
The Committee complimented Bob on his memo and recommends the new ordinance be
forwarded to full Council for discussion. UNAN7IMOUS APPROVAL. FORWARD TO JTJNE
11 COW.
B. Tukwila Community Center Rental Fees
The last increase for Tukwila Community Center (TCC) rental fees was in 2002. Staff reported
that since that time inflation has gone up almost 15 and in comparison to other King County
cities, Tukwila's rental fees currently fall in the low to mid range. The proposed increases are not
based on percentages across the board, but rather cost rates in consideration of surrounding
municipalities with comparable amenities. Based on 2006 figures, it is possible that the fee
increase would increase revenue as much as $20,000 overall; however, it is important to
remember that ongoing maintenance of the facility and continuing replacement costs.
Dave Johnson and John Dunn explained that the majority of rentals are secured by non residents
and that rental of the Banquet and Social Halls bring in the most revenue. Staff pointed out that
the alcohol damage deposit for non athletic use rental of the gym has increased substantially.
This is due to the possibility of having to shampoo the carpet after such an event. The cost of
shampooing the entire carpet is estimated at $2,700.
Staff continues to waive fees on a case by case basis for special Locally based non profit groups.
This helps the Center to give back to the Tukwila community while providing low or no cost
opportunities for these groups.
The Committee requested staff revise the submitted memo prior to attaching to the Committee
minutes to reflect a summary of the fee changes. Additionally, the Committee recommends that
staff consider reviewing rental fees on a biennial basis rather than waiting as long as five years. A
copy of the memo submitted by staff is attached to the minutes for additional information as per
Committee request. INFORMATION ONLY.
C. Countywide Planninz Policies
Staff reported that the recent changes to the Countywide Planning Policies have no adverse
impacts to the City of Tukwila. However, of particular interest is the potential annexation area
(PAA) of the locale currently known as Skyway. The City of Renton has amended their PAA to
include Skyway. In addition, a small portion of Skyway will be annexed to the City of Seattle.
A copy of the memo and accompanying map submitted by staff is attached to the minutes for
additional information as per Committee request. INFORMATION ONLY.
III. ANNOUNCEMENTS No announcements.
IV. MISCELLANEOUS Meeting adjourned at 6:03 p.m.
Next meeting: Tuesday, June 12, 2007 5:00 p.m. Conference Room 3
P S 1-- Committee Chair Approval
Minutes by KAM.
COUNCIL AGENDA SYNOPSIS
Initials ITEMNO.
Q s n l ``r Meeting Date j Prepared by 1 Mayor's review 1 Council review
f 6/25/07 CK 4 1,�
1 7 1 C 1 1
Q l
3. j
ITEM INFORMATION
CAS NUMBER: 07-085 l ORIGINAL, AGENDA DATE: JUNE 25, 2007
AGENDAITEMTITLE Tukwila Urban Center— Pedestrian /Bicycle Bridge
Consultant's Agreement with KPFF
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 6/25/07 Mtg Date 7/2/07 Mtg Date Mtg Date Mtg Date Mfg Date Mtg Date:
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S The agreement is for a Type, Size, and Location Report that is required for any bridge
SUMMARY project and is the first step in designing the bridge. The pedestrian /bicycle bridge will
connect the Tukwila Station (Amtrak and Sounder) with the Tukwila Urban Center by
crossing the Green River. Four firms were interviewed and KPFF was chosen as the most
qualified.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 06/11/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the consultant's agreement with KPFF.
COMMrt-tLE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$239,756.82 $239,756.82
Fund Source: 104.01 Bridges (listed in Commercial Streets, page 58, 2007 CIP)
Comments: Total amount budgeted includes $200,000 grant and $39,756.82 from the TOD grant 000.333.200.22.
MTG. DATE RECORD OF COUNCIL ACTION
06/25/07
l
07/02/07
MTG. DATE ATTACHMENTS
06/25/07 Information Memo dated June 20, 2007 (revised after TC meeting)
Map
Consultant Agreement with Scope of Work 1
Transportation Committee Meeting Minutes from June 11, 2007
07/02/07
1
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: June 20, 2007 UU T
Subject: Tukwila Urban Center Pedestrian/Bicvcle Bridge
Project No. 05 -RWO3
Consultant Selection Agreement for Type, Size, Location Report
ISSUE
Consultant selection and agreement for the TUC Ped/Bicycle Bridge.
BACKGROUND
In late 2005, Tukwila received a $200,000 grant for design of the Tukwila Urban Center (TUC)
Pedestrian/Bicycle Bridge over the Green River from the Transportation Improvement Board's
Statewide Enhancement Fund. The Pedestrian Bridge project was identified through the 2005
Comprehensive Plan Update as well as the TUC Subarea Plan and Sound Transit's Tukwila
Station ro'ect. The funds have been obligated and are available for expenditure.
p J
The grant funds are adequate only for a "Type, Size, and Location" report (TSL). This TSL
report is required for any bridge project and is the first step in designing the bridge. Additional
funds from the Transit Oriented Development (TOD) grant are being made available for this
project to ensure that planning and preliminary design work is done to connect the TOD area,
and specifically the Tukwila Station project, with the Pedestrian Bridge and the rest of the TUC
area. Figure 1, attached, is an aerial map of the surrounding area that shows a conceptual location
for the bridge.
ANALYSIS
In November 2006, four consultant teams were interviewed in a competitive process. The teams
interviewed were KPFF, Arai Jackson, HNTB, and ABKJ.
The selection panel scored the four consultant teams and the panel consistently ranked the KPFF
team as the top choice. Reference checks were performed with no negative feedback. Since then,
staff and consultant have been negotiating the scope and fee. The fee amount of $239,756.82 is
in excess of the $200,000 grant funds and the additional monies will be transferred from the
TOD grant.
Upon additional grant funding, the project will proceed to the design phase.
RECOMMENDATION
Approve the consultant agreement with KPFF for Type, Size Location Report for
$239,756.82.
(i:\pubarorks bridge\info memo consultant selection 6-20-07 gLdoc)
TUKWILA URBAN CENTER PEDESTRIAN BICYCLE BRIDGE OVER GREEN RIVER
AERIAL PHOTO
Consultant/Address /Telephone
Local Agency KPFF Consulting Engineers
Standard Consultant 1601 Fifth Avenue, Suite 1600
Agreement Seattle, WA 98101
Architectural /Engineering Agreement
Personal Services Agreement
Agreement Number Project Title And Work Description
Tukwila Urban Center, Pedestrian/Bicycle Bridge
Federal Aid Number Type, Size And Location (TSL) Bridge Report
Agreement Type (Choose one)
Lump Sum
Lump Sum Amount
Cost Plus Fixed Fee DBE Participation
Overhead Progress Payment Rate Yes 1:81 No
Overhead Cost Method Federal ID Number or Social Security Number
IX Actual Cost
Do you require a 1099 for IRS? Completion Date
Actual Cost Not To Exceed Yes No
Fixed Rate
Fixed Fee
Total Amount Authorized
Specific Rates Of Pay
Negotiated Hourly Rate Management Reserve Fund
Provisional Hourly Rate Maximum Amount Payable
Cost Per Unit of Work
Index of Exhibits
Exhibit "A" Scope of Work
Exhibit `B" DBE Participation
Exhibit "C" Electronic Exchange of Engineering and Other Data
Exhibit "D" Payment (by Agreement Type)
Exhibit `E" Consultant Fee Determination
Exhibit "F' Breakdown of Overhead Cost
Exhibit "G" Subcontract Work/Fee Determination
Exhibit "H" Title VI Assurances
Exhibit `T' Payment Upon Termination of Agreement
Exhibit "J" Alleged Consultant Design Error Procedures
Exhibit "K" Consultant Claim Procedures
Exhibit "L" Liability Insurance Increase
Exhibit "M" Certification Documents
THIS AGREEMENT, made and entered into this day of
between the Local Agency of Washington, hereinafter called the "AGENCY"
and the above organization hereinafter called the "CONSULTANT
DOT Form 140 -089 EF Page 1 of 8
Revised 6/05
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary
to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related
equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTAiNT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S `DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be retumed. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
Page 2 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT.
A prior supplemental agreement issued by the AGENCY is required to extend the established completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub Contracting
The AGENCY permits sub contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub consultant shall be
substantiated in the same manner as outlined in Section V. All sub contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub contracting shall create, between the AGENCY and
sub contractor, any contract or any other relationship. A DBE certified sub consultant is required to perform a
minimum amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs
Project Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees,
without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit 'T' for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of
the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, 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 AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute Iegal action or proceedings to enforce any right or obligation
under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the
State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions
shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal
from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT
hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in
which the AGENCY is located.
Page 5 of 8
XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in
part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that
nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the
AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE,
their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the
concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their
agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence
(2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to
the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment hereafter referred to as "CLAIM under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered
Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and
Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over
$100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By By
Consultant Agency
DOT Form 140 -089 EF Page 8 of 8
Revised 6/05 g
Exhibit A -1
Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge
Type, Size And Location (TSL) Bridge Report
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:
o Type, Size and Location (TSL) Phase
o Plans, Specifications and Cost Estimate (PSE) Phase
o Construction Management Phase
This scope of work shall be for the TSL Phase, which includes surveying, bridge type and
size, project aesthetics, civil and structural engineering, trail alignment studies and
definition of permitting requirements to enable the bridge TSL to be determined.
During and /or at the conclusion of the TSL Phase, the City of Tukwila can exercise the
option to supplement KPFF's contract to include the following tasks:
PSE Phase
o Completion of 30 60 90% and final plans
o Contract Specifications
o Cost Estimate
o Permitting
Construction Management Phase
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 2
PROJECT TEAM
The project team is made up of the following firms:
Owner City of Tukwila
Prime Consultant KPFF Consulting Engineers
Structural Engineering KPFF Consulting Engineers
Civil Engineering KPFF Consulting Engineers
Urban Planning KPG Inc.
Surveying KPG Inc.
Bridge Architecture LMN Architects
Environmental Services Landau Associates
Geotechnical Engineering Landau Associates
SCOPE OF WORK
The following is a scope of work for the TSL 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 to the completion of the TSL documents. The schedule shall be
updated on a monthly basis.
Task No. 1.02 Subconsultant Agreements
KPFF shall prepare subconsultant contracts for KPG, Inc., Landau Associates, and
LMN Architects.
Task No. 1.03 Progress Reports
A progress report form shall be provided to each subconsultant. 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
Subconsultants 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 project team shall meet to discuss project issues, schedule, progress, and
general coordination of effort as needed.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 3
Deliverables
Project work plan
Project schedule with monthly updates
Monthly progress reports and invoices
Team meetings
Participation in project meetings (Task No. 10 11)
Participation in one additional project meeting to be determined
TASK 2.0 DESIGN CRITERIA DOCUMENT
KPFF shall prepare the design criteria based on contributions from the project team:
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
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 4
TASK 3.0 TOPOGRAPHIC AND BOUNDARY SURVEY
KPG shall provide the field survey and mapping necessary to prepare a project base
map. Anticipated tasks for the project are summarized below:
Task No. 3.01 Aerial Basemap for Identifying Alternatives
KPG shall create aerial basemaps for identifying viable alternatives.
These basemaps will include City of Tukwila GIS information and King County
parcel information. The project area will include Andover Park East (west
boundary), BNSF /East City limit line (east boundary), Longacres Way (north
boundary) and Strander Boulevard (south boundary).
Task No. 3.02 Field Surveying Services
KPG shall perform topographic surveying within the entire project corridor, which is
defined as Andover Park East (west boundary) to the BNSF /East City limit line (east
boundary). Horizontal and vertical control shall be established that is necessary for
the boundary and topographic survey of the site. The survey for the defined project
corridor shall include all areas required for future pathway connections and bridge
location.
All field topographic surveying shall be performed to achieve 1 -foot contour interval
accuracy, and shall include location of existing 6 inches plus caliper trees, 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 that assumes
16 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.
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.
Task No. 3.03 CAD Base Mapping Services
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.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 5
It is proposes 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.
Task No. 3.04 Project Management and Quality Control
KPG has included time and expense for project meetings, management of
surveying and drafting efforts, professional review and quality control in our
proposal.
Deliverables
Aerial Project base map (two hardcopies, one electronic copy)
Survey Corridor Project base map
TASK 4.0 GEOTECHNICAL RESEARCH AND RECOMMENDATIONS
Landau Associates shall perform geotechnical engineering. The work is to review
existing subsurface soil and groundwater information. The existing information shall be
used to establish a basis for providing geotechnical engineering recommendations for
the design and construction of the bridge and ramp facilities. If the existing information
is inadequate to develop geotechnical recommendations subsurface exploration and
laboratory testing can be performed as additional services per Task No. 4.02.
The geotechnical work includes the following:
Task No. 4.01 Review Available Geologic and Subsurface Information
Review previous geotechnical studies, geologic maps, soil surveys, and other
available geotechnical information regarding subsurface soil and groundwater
conditions in the vicinity of the project.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 6
Task No. 4.02 Subsurface Explorations and Laboratory Testing
Subsurface exploration or testing will by performed as an additional services if
requested by the City.
If existing information is not adequate for establishing geotechnical parameters and
recommendations, field exploration can be performed as an additional service.
Landau Associates would complete a boring to a maximum depth of 100 ft below
the existing ground surface to characterize soil and groundwater conditions at the
proposed bridge locations. The boring will be drilled on the west side of the Green
River on the existing trail using a truck mounted drill rig and the mud rotary method.
Disturbed and relatively undisturbed soil samples will be obtained from the boring
on a 21/2 or 5 ft depth interval.
A representative of Landau Associates will mark the exploration location in the field
and complete an underground utility locate "Call Before You Dig prior to the start
of work. Where underground utilities conflict with proposed exploration location, the
exploration will be relocated and a recheck of utilities will be conducted. We will
prepare and submit a work plan for review by the City to handle safety issues on the
trail during the subsurface investigation.
Assumptions:
All drilling subcontractors, equipment subcontractors, laboratories, traffic
control personnel and other related subcontractor personnel will be selected,
hired and paid by the Consultant.
Cuttings from the boring will be placed in drums and disposed of at an off
site location by the drilling subcontractor.
Soil sampling will be in accordance with ASTM D1586 (Standard Penetration
Test procedure), ASTM D3550 (Ring -lined Barrel Sampling of Soil), and
ASTM 1587 (Thin Walled Tube Sampling of Soil).
Concrete pavement coring is not included in our budget.
The location and elevation of the boring will not be surveyed as part of this
task. A drawing showing the approximate location of the boring will be
provided to KPFF so that the survey crews may pick up the location.
The boring is located in a paved area and will be patched with concrete.
Budget for analytical testing of suspected contaminated soil samples, or
disposal of potentially contaminated soil encountered during drilling, is not
included in this task.
Field exploration will be performed during the daylight hours.
Soil samples will be disposed of 90 days after the date of the final report.
Laboratory testing will be accomplished to help determine soil classification and
pertinent engineering properties of soil. We have budgeted for 15 index tests (dry
unit weight, grain -size, Atterberg limit) and 5 moisture content determinations on
selected samples from the borings.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 7
Task No. 4.03 Provide Geotechnical Design Recommendations
The following recommendations are made from interpreting existing data only.
Describe anticipated site conditions based on available data and conditions
observed in the boring. A geologic description of the area shall be provided
based on published information and experience in the area.
Provide recommendations for earthwork and site preparation including
suitability of on -site soils for reuse in ramp fills, placement and compaction of
structural fill, and mitigation of unsuitable soil conditions.
Provide recommendations for retaining walls for the ramp fills, including
MSE walls, conventional concrete walls, geotextile walls, and others as
appropriate. This shall include anticipated allowable earth pressures, soil
friction, and footing support.
Evaluate the stability of the riverbanks and provide recommended
stabilization measures, if necessary.
Evaluate estimated settlement of ramp fills and recommend mitigation
measures, as appropriate.
Conceptual and feasible foundation types for the substructure of the new
bridge.
Geotechnical design criteria for the bridge, including seismic design
requirements and liquefaction hazard analysis (if applicable).
Constructability issues and concerns.
Deliverables
Draft Geotechnical Technical Memorandum (six hardcopies, one electronic copy)
Final Geotechnical Technical Memorandum (six hardcopies, one electronic copy)
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 8
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. The following is proposed for the hydraulic evaluation:
Task No. 5.01 Meet with Agencies
Meet with the Corps of Engineers and King County Surface Water 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.
Task No. 5.03 Establish Structural Clearance
Create a reasonably conservative margin above the floodplain level for all bridge
foundations.
Deliverables
Draft Hydraulic Technical Memorandum (six hardcopies, one electronic copy)
Final Hydraulic Technical Memorandum (six hardcopies, one electronic copy)
TASK 6.0 ENVIRONMENTAL SERVICES
Landau shall determine the required project permits, and document the processes and
timelines required for the anticipated permits. Landau shall also estimate the
boundaries of wetlands and shorelines on the project area and identify key
environmental issues. The project area will include Andover Park East (west
boundary), BNSF /East City limit line (east boundary), East Longacres Way (north
boundary), and Strander Boulevard (south boundary).
This work shall include the following:
Task No. 6.01 Data Collection
Collect available public domain information concerning wetlands, shorelines,
existing habitat data, soils surveys, species distribution data, and other pertinent
biological and historical /archeological information.
Task No. 6.02 Site Reconnaissance
Conduct a site reconnaissance to gain more specific understanding of the physical
and biological attributes of the project area. This reconnaissance shall be used to
better define the environmental permitting.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 9
Task No. 6.03 Species, Habitat and Cultural /Historical Information
Obtain current species and habitat information from National Marine Fisheries
Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and Washington
Department of Fish and Wildlife (WDFW) Priority Habitats and Species database,
and Washington Department of Natural Resources Heritage Data. Obtain list of
known cultural /historic sites from the State of Washington Department of
Archeology and Historic Preservation (DAHP). Review the City's draft Shoreline
Inventory and draft Shoreline Restoration Plan.
Task No. 6.04 Wetlands, Fish and Wildlife Habitat, Cultural /Historic Resources
Landau shall estimate the location of wetlands, fish and wildlife habitat, salmon
restoration sites, and cultural /historic resources in the project area using the
information from Tasks 6.01, 6.02, and 6.03.
Task No. 6.05 Environmental Permits and Environmental Documentation
Landau shall identify the permits and environmental documentation that is
anticipated for this project. A schedule for obtaining the identified permits and
completing the environmental documents shall be created. Opportunities to avoid
impacts and /or minimize impacts shall be evaluated during interaction with the
project team. A range of alternatives pursuant to and in the context of NEPA and
SEPA shall be developed along with their associated costs.
Deliverables
Draft Environmental Technical Memorandum (six hardcopies, one electronic
copy)
Final Environmental Technical Memorandum (six hardcopies, one electronic
copy)
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 10
TASK 7.0 PROJECT WORKSHOPS
Task No. 7.01 Workshop No. 1 Identify Two to Three Viable Alternatives
KPFF with the assistance of the subconsultants shall hold a four -hour workshop
with City of Tukwila staff to discuss the trail alignment and bridge alternatives. In
preparation for the workshop, the following items will be addressed:
Bridge aesthetics options
Structural alternatives
Corridor alignment alternatives
Urban design themes
Aerial basemap
Permit requirements search
Basis of design documentation
Geotechnical memorandum
The topics for discussion during the workshop will include available right -of -way,
pedestrian and bicyclist experiences, construction costs, City property lines,
adjacent property lines, environmental considerations including wetlands, riparian
habitat, flood plains, topography, and trail geometrical constraints. A summary of
the workshop discussions shall be documented in the TSL report.
The goal of Workshop No. 1 is the selection of two to three bridge types and trail
alignments. These alternatives shall be further refined prior to Workshop No. 2.
Task No. 7.02 Workshop No. 2 Public Involvement
A public open house or one -on -one contacts will be used to provide project
information to and solicited input from affected property owners and the general
public. The project consultants will work with the City to develop the open house or
one -on -one contact format and materials.
Task No. 7.03 Workshop No. 3 Select Preferred Alternative
A third workshop shall be held with City staff to examine the cost/benefit of the
alternative designs. Trail alignments and bridge types shall be examined to
determine the best combination of alignment and type of structure. Drawings and
schematic renderings shall be prepared to assist in visualizing the various options.
Evaluation matrices shall be examined that rate the alternatives against the project
goals.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 11
The end of Workshop No. 3 should leave the City with a reasonable idea of the
preferred alternative. The preferred alternative shall then be incorporated into the
TSL Report.
Deliverables
Workshop materials
Workshop meeting minutes (six hardcopies, one electronic copy)
Attending 3 workshops
TASK 8.0 CIVIL ENGINEERING
KPFF shall perform the civil engineering support work necessary to complete the
Design Criteria and TSL Report.
Task No. 8.01 Support for Pedestrian Trail Route Assessment
This work consists of assisting with the assessment and evaluation of the
pedestrian trail alignment concepts, including participation in the project meetings
described in Task No. 10 and 11.
Task No. 8.02 General Plans and Profiles
The Civil portion of the TSL report shall layout the preferred concept alignment
including general plan and profile of the bridge and street connection. Profile shall
be generated from terrain model information provided within Task 3. Drawings will
show essential clearances. Written descriptions of the alignment and associated
benefits and complications shall be integrated into the TSL Report.
Task No. 8.03 Concept Utility Relocation Plans
The Civil portion of the TSL report shall document the preferred concept alignment
and shall include concept utility relocation plans for all utilities shown and identified
within Task 3.
Task No. 8.04 Earthwork Assessment
The Civil work includes identifying all volumetric changes within the fioodplain based
upon the preferred concept alignment. Cut and Fill boundaries will be shown on the
General Plan and Profiles, and Typical Sections will be shown on a separate plan.
Task No. 8.05 Stormwater Improvements
The Civil work includes identifying concept conveyance, treatment, and detention
systems for stormwater that would need to be constructed based upon the preferred
concept alignment. Stormwater facilities will be designed in accordance with the
current City guidelines.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian/Bicycle Bridge TSL Bridge Report
Page 12
Task No. 8.06 Cost Estimate
The Civil work includes identifying quantities of proposed civil road and site work,
and assessing costs for said work for the preferred concept alignment. Costs shall
include other associated items such as administration, design and construction
management.
Deliverables
Participation in project meetings (Task No. 10 11)
Civil sections of the TSL Report
Stormwater conveyance and treatment concepts
Cost Estimate for civil components of preferred alternative
Assumptions
Traffic and Accident Data for SR 181 (West Valley Highway) and Christensen
Road will be provided by others.
TASK 9.0 STRUCTURAL ENGINEERING
KPFF shall perform the structural engineering work.
Task No. 9.01 Bridge Alternative Analysis
Once the trail alignment has been determined, the bridge alternatives shall be
developed. The member types and sizes shall be determined for discussion in the
workshops and inclusion in the TSL report. Conceptual level structural analysis
shall establish the member types and depth, railing types, types of foundations,
abutment types and sizes, depths of footings and estimated numbers of piles (if
piles are required). This work will be done in coordination with the work done under
Task 10.
Task No. 9.02 Bridge Cost Analysis
Cost Estimate: Program costs including administration, design and construction
costs shall be estimated for the proposed structures.
Funding Sources: As part of the bridge alternative analysis KPFF will assist the City
in completing the documentation necessary for seeking additional funding.
Task No. 9.03 Bridge Conceptual Drawings
Conceptual plan drawings shall show the plan, elevation and typical section for each
bridge alternative. The drawings will be supplemented as necessary to define any
unique features being implemented.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 13
Task No. 9.04 Bridge Sections for TSL Report
The criteria, constraints and procedures used in determining the structural
alternatives will be included in the bridge sections of the TSL Report. Advantages
and disadvantages will be outlined for each alternative including cost and
constructability.
Deliverables
Bridge type alternatives
Participation in project meetings (Task No. 10 11)
Structural sections of the TSL Report
Bridge TSL drawings
Cost estimate for structural components
TASK 10.0 BRIDGE AESTHETICS COLLABORATION
LMN will be providing architectural collaboration through the project alternative analysis.
They will assist in creating conceptual bridge forms. LMN along with KPFF will prepare
computer generated renderings and /or hand drawings of a maximum of three preferred
aesthetic design concepts.
A four -hour bridge aesthetic meeting will be held to develop aesthetic design concepts
to be presented in Workshop No.1. These early conceptual designs will be used to
show the range of options and also stimulate ideas and discussion during the initial
workshop.
LMN shall create larger scale and more refined renderings of the project alternatives
being moved forward from Workshop No.1. These drawings will then be used during
Workshop No. 2 to inform the public of the alternatives being considered and during
Workshop No. 3 to assist in the preferred alternative selection. After the preferred
alternative is selected, LMN will create final renderings and one physical model.
LMN as an additional service to the City can produce renderings for more than the three
prescribed alternatives and can construct physical models for project alternatives in
addition to the preferred alternative.
Deliverables
Bridge alternative renderings (Assume 3 bridge renderings)
Physical model of preferred bridge alternative
Participation in project meetings (Task No. 10 11)
Participation in Workshop #1 and #3 (Task No. 7.01 7.03)
Architectural treatments
Cost estimate for architectural treatments
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 14
TASK 11.0 -URBAN DESIGN AND WAYFINDING
KPG shall perform the work integrating this project with the Tukwila Urban Center
vision. KPG shall lead the urban design and trail alignment options through the project
alternative analysis. Urban design and trail alignment alternatives shall include the
following components:
Bridge Approaches
Wayfinding
Trail Alignment Alternatives
Landscape
Identify Pathway (Tukwila Urban Center) Character
Pedestrian Safety
Assist with Pathway Design Parameters
Identify adjacent roadway crossings at West Valley Highway and Christensen
A four -hour corridor project meeting will be held to develop conceptual ideas for the
urban design to be presented in Workshop No.1. These early conceptual designs will
be used to show the range of options and also stimulate ideas and discussion during
the initial workshop.
Deliverables
Alternative trail alignment renderings
Draft Technical Memorandum on evaluation of concept alignments
Final Technical Memorandum on evaluation of concept alignments
Participation in project meetings (Task No. 10 11)
Participation in Workshop #1 and #3 (Task No. 7.01 7.03)
Pathway sections
Urban design construction materials
Cost estimate for trail alignment alternatives
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 15
TASK 12.0 TYPE, SIZE AND LOCATION (TSL) REPORT
The TSL report shall describe the project, the proposed structure, and give reasons why
the bridge type, size, and location were selected.
The report shall include the following items:
Cover, Title Sheet, and Index
Executive Summary
Introduction
Project Description
Design Criteria
Conceptual Studies
o Aesthetics
o Site constraints
o Regulatory constraints
o Construction requirements
o Foundations
o Hydraulics
o Urban design
o Structure types
o Approach styles
o Maintenance
Project alternatives
Cost estimates
Appendices
o Photographs
o Workshop Meeting Minutes
o Technical Memorandums
Deliverables
Draft TSL Report (six hardcopies, one electronic copy)
Final TSL Report (six hardcopies, one electronic copy)
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian/Bicycle Bridge TSL Bridge Report
Page 16
SCHEDULE
It is anticipated that this proposed work should be completed by March 31, 2008.
ASSUMPT IONS
The scope of work for obtaining permits, right -of -way acquisition, right -of -way plans,
environmental assessment, and construction document preparation shall be proposed
and negotiated after the TSL phase of work is complete.
The City of Tukwila shall provide the following:
o All support files including aerial contours, mapping, photography, and any GIS
information that is available for this project site.
o Current City Standard Plans.
TASK 13.0 PLANS, SPECIFICATIONS AND ESTIMATED COSTS (PSE) PHASE
The PSE Phase shall take the preferred alternative selected in the TSL Study through final
design and construction documentation. The PSE Phase will include the completion of the
design calculations, contract plans, contract specification and the engineer's estimated
construction costs. The scope and fee for this task will be determined at a later date.
TASK 14.0 GEOTECHNICAL ANALYSIS
This task will include the completion of all field exploration and laboratory testing needed to
finalize the geotechnical recommendations for the project. Tasks are expected to include
field borings, laboratory testing, and foundation type recommendations. The scope and fee
for this task will be determined at a later date.
TASK 15.0 HYDRAULIC AND SCOUR ANALYSIS
This task shall cover the investigation of the hydraulics and scour associated with
constructing a bridge over the Green River. This study involves performing a hydraulic
analysis, determining the bridge hydraulic opening, calculating scour depths, evaluating
abutment and bank protection measures, and preparing documentation to meet the needs
and requirements of the project. The scope and fee for this task will be determined at a
later date.
TASK 16.0 ENVIRONMENTAL SERVICES
Environmental services will include the finalization of the list of permits required for the
project and the completion of these permits. The scope and fee for this task will be
determined at a later date.
Exhibit A Scope of Work
Tukwila Urban Center, Pedestrian /Bicycle Bridge TSL Bridge Report
Page 17
TASK 17.0 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 the City would determine property values and conduct land
acquisition negotiations, as necessary. The scope and fee for this task will be determined
at a later date.
TASK 18.0 LAND SURVEYING
The survey will include locations of utilities, surface features, drainage corridors, and
roadway and bridge features. The survey will also include locating test pits and borings and
any wetland delineations. The scope and fee for this task will be determined at a later date.
TASK 19.0 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.
Exhibit D -2
Payment (Cost Plus a Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work
specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non -salary costs, and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are
included as such on the booksof the CONSULTANT in the normal everyday
keeping of its books. Progress payments shall be made at the rateshown in the
heading of this AGREEMENT under "Overhead Progress Payment Rate." Total
overhead paymentshall be based on the method shown in the heading of the
AGREEMENT. The two options are explained as follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit, up to the Maximum Total Amount Payable, authorized under
this AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit "E" attached hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used, the
CONSULTANT (prime and all sub consultants) will submit to the AGENCY
within six (6) months after the end of each firm's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar
expenditures, etc.) for the purpose of adjusting the overhead rate for billing
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140 -089 EF Exhibit D -2
Revised 6/05
Failure to supply this information by either the prime CONSULTANT or any of their
sub consultants shall cause the AGENCY to withhold payment of the billed overhead
costs until such time as the required information is received and an overhead rate for
billing purposes is approved.
The AGENCY, STATE and/or the Federal Government may perform an audit of the
CONSULTANT'S books andrecords at any time during regular business hours to
determine the actual overhead rate, if they so desire.
3. Direct Non Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual
Cost to the CONSULTANT. These charges may include, but are not limited to, the
following items: travel, printing, long distance telephone, supplies, computer charges
and fees of sub consultants. Air or train travel will be reimbursed only to economy
class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and
rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with 48
Code of Federal Regulations (CFR) Part 31.205 -46 "Travel Costs." The billing for
Direct Non Salary Costs shall include an itemized listing of the charges directly
identifiable with the PROJECT. The CONSULTANT shall maintain the original
supporting documents in their office. Copies of the original supporting documents
shall be supplied to the AGENCY upon request. All above charges must be necessary
for the services provided under this AGREEMENT.
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in
the heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee, which could be authorized from the Management Reserve Fund.
This fee is based on the Scope of Work defined in this AGREEMENT and the
estimated person -hours required to perform the stated Scope of Work. In the event the
CONSULTANT enters into a supplemental AGREEMENT for additional work, the
supplemental AGREEMENT may include provisions for the added costs and an
appropriate additional fee. The Fixed Fee will be prorated and paid monthly in
proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed
Fee earned but not previously paid in the progress payments will be covered in the
final payment, subject to the provisions of Section IX entitled "Termination of
Agreement."
5. Management Reserve Fund: The AGENCY may desire to establish a Management
Reserve Fund to provide the Agreement Administrator with the flexibility to authorize
additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing
the CONSULTANT for additional work beyond that already defined in this
AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the
lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of
this AGREEMENT. The amount included for the Management Reserve Fund is shown
in the heading of this AGREEMENT. This fund may not be replenished. Any changes
requiring additional costs in excess of the Management Reserve Fund shall be made in
accordance with Section XIV, "Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the
AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the
amount shown in the heading of this AGREEMENT. The Maximum Total Amount
Payable is comprised of the Total Amount Authorized, and the Management Reserve
Fund. The Maximum Total Amount Payable does not include payment for Extra Work
as stipulated in Section XIV, "Extra Work." No minimum amount payable is
guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item
including Direct Salary, Direct Non Salary, and allowable Overhead Costs to which will be added
the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, salary rates, and present duties of those employees performing work on
the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and
at the time of final audit, all required adjustments will be made and reflected in a final payment. In
the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT
will refund such overpayment to the AGENCY within thirty (30) days of notice of the
overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has
twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records: The CONSULTANT and their sub consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception:
if any litigation, claim or audit arising out of, in connection with, or related to this contract is
initiated before the expiration of the three (3) year period, the cost records and accounts shall be
retained until such litigation, claim, or audit involving the records is completed.
Exhibit E -1
Consultant Fee Determination Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Tukwila Urban Center, Pedestrian/Bicycle Bridge Type, Size And Location (TSL) Bridge Report
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Principal 72.0 X 56.00 4,032.00
Project Manager 232.0 X 50.00 11,600.00
Senior Engineer II 392.0 X 47.00 18,424.00
Design Engineer II 184.0 X 35.00 6,440.00
Project Coordinator 12.0 X 30.00 360.00
CAD Drafter 272.0 X 30.00 8,160.00
Administration 11.0 X 20.00 220.00
X
X
Total DSC 49,236.00
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of 1.2827 x 49,236.00 63,155.02
Fixed Fee (FF):
FF Rate x DSC of 0.30 x 49,236.00 14,770.80
Reimbursables:
Itemized 500.00
Subconsultant Costs (See Exhibit G): 112,095.00
Grand Total 239,756.82
Prepared By: KP1-1 Date: June 5, 2007
DOT Form 140 -089 EF Exhibit E -1
Revised 6/05
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
TTrhan Planning KPCT Tue.
Surveying KPCT Tue.
Rridg Architecture T MN Architects
Environmental Services T.andan Associates
Cieotechnical Engineering T.andau Associates
DOT Form 140 -089 EF Exhibit G
Revised 6/05
Exhibit G -1
Subconsultant Fee Determination Summary Sheet
Project: Tukwila Urban Center, Pedestrian/Bicycle Bridge Type, Size And Location (TSL) Bridge Report
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Senior Designer 51.0 X 60.10 3,065.10
Project Surveyor 4.0 X 43.75 175.00
Designer Surveyor 183.0 X 38.46 7,038.18
2 Man Survey Crew 40.0 X 67.30 2,692.00
Technician 210.0 X 19.23 4,038.30
X
X
X
X
Total DSC 17,008.58
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of 1.5677 x 17,008.58 26,664.35
Fixed Fee (FF):
FF Rate x DSC of 0.35 x 17,008.58 5,953.00
Reimbursables:
Itemized 1,940.00
Grand Total 51,565.93
Prepared By: KPG Date: June 5, 2007
DOT Form 140 -089 EF Exhibit G -1
Revised 6/05
Exhibit G -1
Subconsultant Fee Determination Summary Sheet
Project: Tukwila Urban Center, Pedestrian/Bicycle Bridge Type, Size And Location (TSL) Bridge Report
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Partner 21.0 X 258.77 5,434.17
Project Manager 31.0 X 122.92 3,810.52
Project Designer 55.0 X 116.45 6,404.75
Project Architect 134.0 X 103.51 13,870.34
Intern 200.0 X 61.46 12,292.00
Administration 12.0 X 80.87 970.44
X
X
X
Total DSC 42,782.22
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of x 42,782.22 0.00
Fixed Fee (FF):
FF Rate x DSC of x 42,782.22 0.00
Reimbursables:
Itemized 900.00
Grand Total 43,682.22
Prepared By: LMN Architects Date: June 5, 2007
DOT Form 140 -089 EF Exhibit G -1
Revised 6/05
Exhibit G -1
Subconsultant Fee Determination Summary Sheet
Project: Tukwila Urban Center, Pedestrian/Bicycle Bridge Type, Size And Location (TSL) Bridge Report
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Senior Associate 18.0 X 48.00 864.00
Senior Project 36.0 X 32.00 1,152.00
Project 66.0 X 27.00 1,782.00
Assistant 20.0 X 18.00 360.00
CAD 10.0 X 26.00 260.00
Project Coordinator 13.0 X 22.00 286.00
X
X
X
Total DSC 4,704.00
Overhead (OH Cost including Salary Additives):
OH Rate x DSC of 2.1113 x 4,704.00 9,931.56
Fixed Fee (FF):
FF Rate x DSC of 0.30 x 4,704.00 1,411.20
Reimbursables:
Itemized 800.00
Grand Total 16,846.76
Prepared By: Landau Associates Date: June 5, 2007
DOT Form 140 -089 EF Exhibit 0-1
Revised 6/05
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to
non discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of
sub consultants, including procurement of materials and leases of equipment. The CONSULTANT shall
not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in
Appendix B of the REGULATIONS.
3. Solicitations for Sub consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under
a sub contract, including procurement of materials or leases of equipment, each potential sub consultant or
supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this
AGREEMENT and the REGULATIONS relative to non discrimination on the grounds of race, color, sex,
or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the
Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non compliance: In the event of the CONSULTANT'S non compliance with the
AGREEMENT, the AGENCY impose such AGREEMENT shall im
non- discruntnation provisions of this A p
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT
complies, and/or;
Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140 -089 EF Exhibit H
Revised 6105
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5)
in every sub contract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of
enforcing such provisions including sanctions for non compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
Exhibit 1
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit I
Revised 6/05
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Highways and Local Programs
Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or
Agency Engineer may appoint an agency staff person other than the project manager, who has not been
as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
DOT Form 140 -089 EF Exhibit J
Revised 6/05
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded through
the Region Highways and Local Programs Engineer to H &LP for their review and consultation with
the FHWA. H &LP will meet with representatives of the agency and the consultant to review the
alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request
assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how
the alleged error(s) affects eligibility of project costs for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of
$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director
of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total
$1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim
by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
Summation of hours by classification for each film that is included in the claim;
Any correspondence that directed the consultant to perform the additional work;
Timeframe of the additional work that was outside of the project scope;
Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement, or
create a new agreement for the claim. After the request has been approved, the Agency shall write the
supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant
that the final payment for the agreement is subject to audit. No further action in needed regarding the
claim procedures.
DOT Form 140 -089 EF Exhibit K
Revised 6/05
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
Copy of information supplied by the consultant regarding the claim;
Agency's summation of hours by classification for each firm that should be included in the
claim;
Any correspondence that directed the consultant to perform the additional work;
Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and
FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation,
payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s) and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Exhibit M -1(a)
Certification Of Consultant
Project No.
Local Agency
I hereby certify that I am David K. McMullen and duly authorized
representative of the firm of KPFF Consulting Engineers whose address is
1601 Fifth Avenue, Suite 1600, Seattle, WA 98101 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
DOT Form 140-089 EF Exhibit M -1(b)
Revised 6/05
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)(B). of
this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more public
transactions (federal, state, or local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): KPFF Consulting Engineers
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -2
Revised 6/05
Exhibit M -3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal agency,
a member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Film): KPFF Consulting Engineers
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
Exhibit M -4
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of KPFF Consulting Engineers x
are accurate, complete, and current as of April 30, 2006 *x. This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm KPF'F' Consulting Engineers
Name David K. McMullen
Title Associate
Date of Execution***
Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
xxx Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to,
DOT Form 140 -089 EF Exhibit M -4
Revised 6/05
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TRANSPORTATION COMMITTEE
Meeting Minutes June 11, 2007- 5:00 p.m.
PRESENT
Councilmembers: Pam Carter, Chair; Pam Linder and Joe Duffle
Staff: Jim Morrow, Jack Pace, Frank Iriarte, Maggi Lubov, Jaimie Reavis, Cyndy Knighton,
Bob Giberson and Kimberly Matej
CALL TO ORDER: Committee Chair Carter called the meeting to order at 5:08 p.m.
I. PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. Commute Trin Reduction Efficiency Act and Local CTR Plan
Maggi Lubov, CTR Coordinator, reported that recent changes have been made in C 1'R legislation at the state
level. These changes focus on congested traffic areas and will focus local CTR efforts on the efficient use of
highways. Additionally, the CTR responsibility shifts to jurisdictions rather than employers. In the local
Tukwila plan, the goal will be for participants to reduce single occupancy rates by 10% and miles traveled by
13% by the year 2010.
The City must submit an updated draft plan to Puget Sound Regional Council (PSRC) for review by July 2.
PSRC will comment on the plan, staff will make appropriate changes and will return to Committee and full
Council prior to the plan going to the Governor appointed board for review. Staff also intends to post the draft
plan on the City's website for comment. Ordinance revisions will also be handled through this process. Staff
anticipates the plan will be available for viewing on the website by the end of the month, and PSRC should
return comments on the plan by September.
Jaimie Reavis, Assistant Planner, briefly explained the Growth and Transportation Efficiency Center (GTEC)
which focuses on CTR issues of smaller areas within the City. Staff is currently looking at the Tukwila Urban
Center in order to reduce drive alone rates and take advantage of public transportation. Staff encouraged
anyone with questions to contact Maggi or Jamie for additional information. INFORMATION ONLY.
B. Pedestrian Bridge Over Green River Project Consultant Selection
Staff is seeking approval to enter into a contract with KPFF Consulting Engineers for a type, size and location
services report for a pedestrian bridge over the Green River. This contract is for consultant identification of the
best possible bridge location within a general footprint area.
The Committee recommends that staff clarify the information memo to state what is trying to be achieved
through this process, as well as to state, very clearly, that this contract is only for consultant identification of a
ee has requested that a ma
of the general area being
possible bridge location. Additionally, the Comrrntt q map g g
p g
T APPROVAL. FORWARD TO
for full Council. UNAl\IVi IOUS
discussed be included in the submission
JUNE 25 COW FOR DISCUSSION.
M. ANNOUNCEMENTS No announcements.
IV. MISCELLANEOUS Meeting adjourned at 5:43 p.m.
Next meeting: Monday, June 25, 2007 5:00 p.m. Conference Room 1
si.??0, Committee Chair Approval
Minutes by KAM
Tentative Agenda Schedule
MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
June 4 11 18 25
See agenda packet
cover sheet for this
week's agenda
(June 25, 2007
Committee of the Whole
meeting)
J 2 9 16 23
4y Public Hearing: Snedal Issues: Special Presentation: Special Presentation:
Independence Day Sign Code moratorium Tukwila Intl. Blvd. Tukwila Community WSDOT 1-405
(City offices closed) Unfinished Business: Phases 2 3 Schools Collaboration construction update
Moratorium on Improvements year -end report
30th right-of-way/ Deborah Salas, Executive
animated arid
Fifth Monday of the electronic signs condemnation Director
month —no Counnl ordinance
Adoption of 2006
meeting scheduled State Building Code COMLM11 EE OF THE
WHOLE MEETING TO BE
Pedestrian bridge FOLLOWED BY A SPECIAL
over Green River MEETING
consultant selection
August 6 13 20 27
Special Presentation:
All Nations Cup update:
Jessica Breznau, All
Nations Cup
Upcoming Meetings Events
JUNE JULY 2007
25th (Monday) 26th (Tuesday) 27th (Wednesday) 28th (Thursday) 29th (Friday) 30th (Saturday)
Transportation Community COPCAB, Planning Highway 99
Cmte, Affairs Parks 6:30 PM Commission, Trash Pickup
5:00 PM Cmte, (CR #5) 7:00 PM Day
(CR #1) 5:00 PM (Council 9:00 10:00 AM
(CR 63) Chambers) For location call
Tukwila Centennial
City Council Donna at
h ounc Celebration 206- 242 -5556
Committee of the
Whole Mtg., Community
7:00 PM Brainstorming Session
(Council Come share your ideas Rainier Valley
Chambers at informational Link Light Rail
meeting! Block Party
4:00 to 6:00 PM
(Tukwila Community 10:30 AM 2:00 PM
Center, Mtg. Rm. B) (Speaking program
Or call 206 768 -2822 at 11:15 Am)
for more information. S. Myrtle St.
MLK Jr. Way S.
www.soundtransit.
Court org/rainiervalley
2nd (Monday) 3rd (Tuesday) 4th (Wednesday) 5th (Thursday) 6th (Friday) 7th (Saturday)
Finance Safety Chamber of Independence Day Equity Work party
Cmte, Commerce Diversity da for
5:00 PM Gov't City offices closed Commission y
(CR #3) Community 5:00 PM Tukwila
Affairs Cmte., (Showalter parks!
City Council 12:00 NOON Family 4th Middle (first Friday of
Regular Mtg.,
Chamber at the fort School each month) 7:00 PM Office) A free community Library) Join us on July 6
(Council celebration at Tukwila
Chambers) Arts 4:00 to 11:00 PM Community
Commission, (6800 Fort Dent Way) Center
July 2 is the deadline 5:00 PM Kids activities begin at
to register to be (Community 4:00 PM. The fireworks' Court
included in Center) show starts at 10:15 PM.
advertising for the Parking is limited, so"`''
Tukwila Community Utilities Cmtc, get to Fort Dent early!
Garage Sale 5:00 PM Details available at For more
(coming information call the
CANCELLED wtnv.ci.tukwila.wa.us VolunteerProeram
July 21 and 22). (look under Parks and office at
Register online at Recreation/Special 206- 768 -2822.
httpl/www.ci. Events "Grab a Slice of
tukwila.wa.us/ Summer" brochure) (Next work party
yardsale.htm or call 206 768 -2822. will be August 3 at
Or call Bicentennial Park)
206 -433 -7178
Watch for special "Tukwila Days" events —July 11 through July 14!
Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Bruce Fletcher at 206- 767 -2343.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Damon 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: 2nd Mon., 5:00 PM, Conf. Room 63. Contact Bev Willison at 206 433 -1844.
Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #3. Agenda items for 6/26/07 meeting:
(A) Code amendment issues: (1) Sensitive Areas Ordinance. (2) SEPA (3) Zoning Code
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Con£ Rm #5. Police Dept. at 206 -433 -7175.
Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Kimberly Matej at 206 433 1834.
Finance Safety Committee: 1st 3rd Mon., 5 :00 PM, Conf. Room #3.
>Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Bruce Fletcher at 206 767 -2343.
Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670.
Sister City Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Bev Willison at 206- 433 -1844.
>Transportation Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 61. Agenda items for 6/25/07 meeting: (A) Green River
Pedestrian and Utility Bridge Repairs and Sealing bid rejection. (B) SR 518 route development plan proposed modifications.
Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 61.
iii Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).