HomeMy WebLinkAboutCOW 2007-05-29 COMPLETE AGENDA PACKET .�wq Tukwila City Council Agenda
di it 2- •COMMITTEE OF THE WHOLE
o Steven M. Mullet, Mayor Councilmembers: Joe Duffle Joan Hernandez
Rhonda Berry, City Administrator Pam Carter Jim Haggerton
1908 Verna Griffin, Council President Pamela Linder Dennis Robertson
TUESDAY, May 29, 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. Authorize the Mayor to sign a contract with the Museum of Flight Pg.1
for marketing Tukwila and Seattle Southside Visitor Services to
visitors from outside the region in the amount of $25,000.00
annually for ten years.
b. Tukwila Urban Center Signal Interconnect and ITS Project Pg.11
Consultant Supplemental Agreement.
c. Sanitary Sewer Emergency Pipe Repair (near Shasta Beverages on Pg.23
Andover Park East) a resolution declaring an emergency.
d. Sanitary Sewer Emergency Pipe Repair (near Shasta Beverages on Pg.29
Andover Park East) a short -form construction contract.
e. Seven Street Vacations for the Sound Transit Link Light Rail Pg.39
Project.
f. Solid Waste Rate Increase. Pg.69
g. Park and Open Space Plan Consultant Agreement. Pg.75
h. Macadam Winter Garden Bid Award. Pg.95
i. Foster Golf Course Concession Agreement Amendment. Pg.105
j. Parks Division Staff Reorganization. Pg.149
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 Clerks Office 206 433- 1800/TDD 206- 248 -2933. This notice is available at
www.ci.tulcwila.wa.us, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address
clearly for the record. Please observe the basic rules of courtesy when speaking and limit your
comments to five minutes. The Council appreciates hearing from citizens but may not be able to take
immediate action on comments received until they are referred to a Committee or discussed under
New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification
is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular
Council meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action
in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at
Regular Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
president is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are
not included on the agenda during CITIZENS COMMENTS. Please limit your comments to five
minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the
same as those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or
personnel matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action of matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150
of the Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a
second time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can
respond to the question, but may not engage in further debate at this time.
6. After the Public Hearing is closed, the Council may discuss the issue among themselves without
further public testimony. Council action may be taken at this time or postponed to another date.
COUNCIL AGENDA SY1VOPSIS
ITEM NO,
r Meeting Date Prepared by f M ors review
review
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05/29/07 I KK I �J
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06/04/07 I KK
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16 68 1 I I I
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ITEM INFORMATION T=
CAS NUMBER: 07-063 I ORIGINAL AGENDA DATE: 05/29/07
AGENDA IIEM TITLE Museum of Flight contract for marketing to visitors from out of the region.
CATEGORY Discussion E Motion Resolution Ordinance BidAward Public Hearing Other
Mtg Date 05/29/07 Mtg Date 06/04/07 Mtg Date M Date Mtg Date Mtg Date Mtg Date
(SPONSOR Council E Mayor Adm Svcs DCD Finance Fire Le P &R Police PW
SPONSOR'S Authorize Mayor to sign a contract with the Museum of Flight for marketing Tukwila and
SUiti MARY Seattle Southside Visitor Services to visitors from out of the region in the amount of
$25,000 annually for ten years.
REVIEWED BY COW Mtg. CA &P Cmte E F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05/21/07
RECOMMENDATIONS:
SPONSOR /ADMEN. Accept Museum of Flight contract. Authorize Mayor's signature.
CON DE ITEE Unanimous Approval; Forward to Committee of the Whole
COST. IMPACTI FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$25,000 $25,000
Fund Source: 101.00.557.302.41.05
Comments:
MTG- DATE :RECOR[3 OR COUNCIL= -ACT ON
05/29/07
I I
1 _DATE TTAC1• MENTS
05/29/07 Information Memo to Finance Safety Committee dated 05/15/07
Copy of the contract
Minutes from Finance and Safety Committee meeting of 5/21/07
TO: Mayor
Finance and Safety Committee
FROM: Tourism Program Manage
DATE: May 15, 2007
SUBJECT: Museum of Flight contract for marketing to visitors from out of the region.
ISSUE
Authorize Mayor to sign a contract with the Museum of Flight for marketing Tukwila and Seattle Southside
Visitor Services to visitors from out of the region in the amount of $25,000 annually for ten years.
BACKGROUND
The City is authorized to use Hotel -Motel Tax revenues for advertising, publicizing, or otherwise
distributing information for the purpose of attracting visitors and encouraging tourist expansion within the
City. The Museum of Flight is a world- renown tourist attraction located in Tukwila attracting thousands of
visitors annually.
DISCUSSION
The contract for services with the Museum of Flight includes marketing to potential visitors from outside
the Puget Sound region and will include for example the following services: forwarding group leads to
Seattle Southside for follow -up; inclusion of City logo in Museum marketing collaterals; distribution of the
Seattle Southside Vacation Planner in the Museum lobby; website links; Seattle Southside guest relations
programs offered to Museum staff and volunteers and published articles in the Museum's Aloft magazine
recognizing the City. Services provided will be reported and evaluated annually as a part of the Tourism
Program budget planning process.
The contract (attached) was already signed by the City and Museum of Flight before we realized it needed
Council approval. Nonetheless, the Council may still choose to modify or even not approve the contract, in
which case the current contract will be voided and a new one prepared.
The Museum of Flight initially submitted the funding request in 2005 for $250,000 which was intended for
their Capital Expansion Project. The Museum gave multiple presentations to the Lodging Tax Committee
at that time. Due to State legal requirements and a desire to contract with the Museum for marketing
services, staff negotiated the draft contract that is before you. The Lodging Tax Committee and City both
approved $25,000 in the 2007 budget for this contract. On a year -by -year basis, for a period up to ten (10)
years, the City shall, in its discretion, allocate an annual sum not to exceed $25,000, as deteimined by the
City Council in establishing the City's Annual Budget.
Budget impacts: There is no additional budget request for this item. The contract for services is budgeted
within the Council approved 2007 Tourism Program budget; however, because the proposed contract
amount is potentially a multi -year contract exceeding $25,000, it is recommended for Council approval.
RECOMMENDATION
Authorize Mayor to sign a contract with the Museum of Flight for marketing Tukwila and Seattle Southside
Visitor Services to visitors from out of the region in the amount not to exceed $25,000 annually for ten
years, as determined by the City's Annual Budget.
c 0 py
Contract No. 62 O T -00
CONTRACT FOR ER
S VICES
This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter
optional municipal code city hereinafter referred to as "the City", and The Museum of Flight,
hereinafter referred to as "the Museum whose principal office is located at 9404 East Marginal
Way South, Tukwila, WA 98108 -4097.
WHEREAS, the City has imposed a special excise tax under Chapter 82.08 RCW, known as the
Hotel -Motel Tax, on the furnishing of lodging by hotels, motels, and similar business enterprises,
as authorized by Chapter 67.28 RCW;
WHEREAS, the City is authorized to use Hotel -Motel Tax revenue for advertising, publicizing,
or otherwise distributing information for the purpose of attracting visitors and encouraging
tourist expansion in the City;
WHEREAS, the Museum promotes tourism by marketing to travelers and visitors from outside
of the region;
WHEREAS, the Museum can promote tourism for the City of Tukwila through its marketing
program and through joint marketing and promotional opportunities;
WHEREAS, it is appropriate for the City to compensate the Museum for the costs of promoting
tourism in the City of Tukwila;
IN CONSIDERATION OF the mutual benefits and conditions hereinafter
contained, the parties hereto agree as follows:
1. Scone and Schedule of Services to he Performed by Museum. The Museum
shall perform those services described on Exhibit A attached hereto and incorporated herein by
this reference as if fully set forth. In performing such services, the Museum shall at all times
comply with all Federal, State, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The
Museum shall request and obtain prior written approval from the City if the scope or schedule is
to be modified in any way. Any such allocation of money accepted by the Museum shall be
subject to terms of this Agreement and shall be applied and expended in accordance with the said
terms hereof. Specifically, these funds must be applied and expended exclusively to promote
tourism in the City (as defined in RCW 67.28).
2. Compensation and Method of Payment. The City shall pay the Museum for
services rendered according to the rate and method set forth on Exhibit B attached hereto and
incorporated herein by this reference. The total annual amount to be paid shall not exceed
Twenty Five Thousand and No /100 Dollars ($25,000) to be paid within thirty (30) days following
submittal.
3. Duration of Agreement. On a year -by -year basis, for a period of up to ten (10)
years, the City shall, in its discretion, allocate to the Museum an annual sum of money not to
exceed $25,000, as determined by the City Council in establishing the City's Annual Budget.
This Agreement shall be in full force and effect for a period commencing January 1, 2007 and
ending December 31, WV untess sooner terminated u der the provisions hereinafter specified.
4. Independent Museum. Museum and City agree that Museum is an
independent Museum with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither Museum nor any employee of Museum shall be entitled to
any benefits accorded City employees by virtue of the services provided under this Agreement.
The City shall not be responsible for withholding or otherwise deducting federal income tax or
social security or contributing to the State Industrial Insurance Program, or otherwise assuming
the duties of an employer with respect to the Museum, or any employee of the Museum.
5. Indemnification. The Museum shall indemnify, defend and hold harmless the
City, its officers, agents and employees, from and against any and all claims, Losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Museum, its officers, agents and employees, in
performing the work required by this Agreement. With respect to the performance of this
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Agreement and as to claims against the City, its officers, agents and employees, the Museum
expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial
Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend
and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of
any employee of the Museum. This waiver is mutually negotiated by the parties. This paragraph
shall not apply to any damage resulting from the sole negligence of the City, its agents and
employees. To the extent any of the damages referenced by this paragraph were caused by or
resulted from the concurrent negligence of the City, its agents or employees, this obligation to
indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence
of the Museum, its officers, agents, and employees.
6. Record Keeping and Reporting.
A. The Museum shall maintain accounts and records, including personnel,
property, financial and programmatic records which sufficiently and properly reflect all direct
and indirect costs of any nature expended and services performed in the performance of this
Agreement and other such records as may be deemed necessary by the City to ensure the
performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after
termination hereof unless permission to destroy them is granted by the office of the archivist in
accordance with RCW Chapter 40.14 and by the City.
7. Audits and Inspections. The records and documents with respect to all matters
covered by this Agreement shall be subject at all times to inspection, review or audit by law
during the performance of this Agreement.
8. Termination. This Agreement may at any time be terminated by the City
giving to the Museum thirty (30) days written notice of the City's intention to terminate the same.
Failure to provide products on schedule may result in contract termination.
9. Discrimination Prohibited. The Museum shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the Museum to be
provided under this Agreement on the basis of race, color, religion, creed, sex, age, national
origin, marital status or presence of any sensory, mental or physical handicap.
10. Assignment and Subcontract. The Museum shall not assign or subcontract
any portion of the services contemplated by this Agreement without the written consent of the
City.
11. Entire Agreement. This Agreement contains the entire Agreement between the
parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this
Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request
changes in the agreement. Proposed changes which are mutually agreed upon shall be
incorporated by written amendments to this Agreement.
1. Notices.
Submittal of summary of Deliverables as outlined in Exhibit A and request for
reimbursement as set for the Exhibit B shall be sent to the following address:
Seattle Southside Visitor Services
City of Tukwila, Office of Tourism Marketing
14220 Interurban Avenue S., Suite 130
Seattle, WA 98168
Attention: Katherine Kertzman, Program Director
Notices to the City of Tukwila shall be sent to the following address:
City Clerk Office of Tourism Marketing
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Museum shall be sent to the address provided by the Museum upon the
signature line below.
13. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed
by and construed in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be properly laid in King County, Washington.
2 of 5
The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
DATED this .3 day of 200 7
r
CITY TUKWIL?., MUSEUM: The Museum of Fliohr
Kath: a Kertzman, T' uri arketing Program Manager
i
s BY: %V z
BY: mr
Mayor, Steven M. Mullet President/CEO, IYonni'e Dunbar
ATTEST/AUTHENTICATED: Printed Name: et n n e 1 D u_ N In a r
JiAe E. Cantu, CMC, City Clerk ADDRESS: The Museum of Flight
9404 E. Marginal Way S.
Tukwila, WA 98108
APPROVED AS TO FORM:
Office of the City Attorney
Office of Tourism Marketing Program
3 of 5
EXIIIBIT "A"
MUSEUM OF FLIGHT
SCOPE OF SERVICES
The Museum shall conduct public relations and marketing of the Museum to visitors from out of
the region, incorporating marketing information regarding the City within this effort. City funds
may be used for advertising, publicizing or otherwise distributing information for the purpose of
attracting visitors from outside the region to visit existing Museum attractions and attend special
Museum events. As conditions of this agreement, the Museum agrees to the following
Deliverables:
1. The Museum shall advertise, promote and/or distribute marketing materials to potential
visitors from outside the Puget Sound region, including, but not limited to, Museum
facilities and events, and available overnight and conferencing services of overnight
accommodations and restaurants in Tukwila.
2. The Museum shall direct lod inquiries for visitors and convention planners to Seattle
Southside Visitors Services (SSVS) through website links, collateral materials and
personal contacts. The SSVS, as a third party booking agent for Tukwila hotels, will be
given the first right of refusal to solicit these visitors for group lodging accommodations
through its hotel booking service. SSVS will forward appropriate group leads to Seattle
CVB based on customer needs and demands within a timely manner.
3. That the City will be recognized in key Museum marketing efforts during the year, and
that the Museum will incorporate the City's logo into selected collateral materials such as
Aloft, further promoting Tukwila businesses to visitors and interested parties.
4. The Museum will include the City in any donor listings.
5. That the Museum will facilitate the placement of a SSVS visitor kiosk in the Museum's Lobby.
This placement will allow Museum guests the opportunity to access visitor services and
information about Tukwila businesses, restaurants and hotels, and allow visitors to book lodging
accommodations in Tukwila. Approval of the design, placement, and materials of this kiosk will
be mutual between the Museum and SSVS.
6. The Museum will publish an article in a 2007 edition of Aloft magazine (read by over 50,000
people) recognizing the City. The SSVS Program Director will approve the content of the article
to ensure that it will help promote tourism in the City.
7. Annually, the Museum will contribute an article about the partnership and corresponding results
to the City newsletter and SSVS newsletter or announcement to Tukwila residents and
businesses. This insertion should include a redeemable Museum coupon to City residents.
8. Annually, the Museum will invite SSVS staff members to present to Museum staff and/or
volunteers the SSVS guest relations program in order to ensure Museum staff and/or volunteers
help promote tourism in the City in partnership and through the visitor services offered by SSVS.
9. The Museum will work with SSVS to create vacation packages directed towards tourists.
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EXHIBIT `B"
MUSEUM OF FLIGHT
COMPENSATION AND METHOD OF PAYMENT
Compensation
The Museum shall submit to the City a request for reimbursement of expenditures made in
accordance with this Agreement. The Museum shall issue a maximum of four invoices per year.
Details of expenditures made under this Agreement shall be included, and the Museum shall only
bill for expenses actually incurred.
Reporting:
The Museum shall submit to the City a summary of Deliverables as outlined in Exhibit A and
conducted under this Agreement in the previous quarterly period within 45 days of the end of the
first three quarters and 15 days of the end of the fourth quarter. Samples of promotional
materials produced under this Agreement shall be included. Annually, within 45 days of the
year -end, the Museum shall submit to the City a written report of City funded activities for the
prior year, to include an explanation of goals and outcomes, costs and funding, together with
such other information as the Museum may deem helpful to the City in evaluating the impact of
Hotel -Motel funding on tourism promotion.
Report Submittals
Submittal of summary of Deliverables as outlined in Exhibit A and request for reimbursement as
set for the Exhibit B shall be sent to the following address:
Seattle Southside Visitor Services
City of Tukwila
14220 Interurban Avenue S., Suite 130
Seattle, WA 98168
Attention: Katherine Kertzman, Program Director
5 of 5
01 I-
Q a 1 City of Tukwila
Finance Safety Committee
1908
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
May 21, 2007- 5:00 p.m.
PRESENT
Councilmembers: Jim Haggerton, Chair; Joan Hernandez and Dennis Robertson
Staff: Rhonda Berry, Lori Sutter, Katherine Kertzman, Bruce Fletcher, Kevin Fuhrer,
Christy O'Flaherty and Kimberly Matej
CALL TO ORDER: Committee Chair Haggerton called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Authorize Mayor to Sien Contract with Museum of Flight for Marketing through Seattle Southside
Katherine briefly described the specifications of the contract with the Museum of Flight which
will offer additional marketing opportunities as well as ensure that all group leads are forwarded
to the Seattle Southside Visitors Services (SSVS) rather than other entities. This contract
commences after nearly three years of discussion and designates $25,000 annually of Tourism
and Marketing funds for the next 10 years.
Katherine explained that contract was signed prior to coming to Committee and Council because
the annual amount did not exceed $25,000; however, due to the multi -year terms of the contract
the City attorney recommended securing Council approval. If the Council has any concerns with
the contract, SSVS will modify or nullify the contract as necessary.
Funds have been allocated in the 2007 budget to enter into this contract. SeaTac also contributes
$25,000 annually to the Museum of Flight for these services. Katherine was complemented on
her negotiation of the conditions of the contract. The Committee feels the contract is beneficial to
the City and recommends the contract be brought to full Council for discussion. UNANIMOUS
APPROVAL. FORWARD TO MAY 29 COW.
B. Parks Recreation Department Staff Reorganization
Due to two recent vacancies in the Parks Division of the Parks and Recreation Department, staff
is proposing a minor reorganization. This reorganization would promote two 3 /4 -time employees
to full -time status and create a new 3 /4 -time position (.75 FTE). All of these changes would result
in a .25 staffing increase for the Parks Division. A budget appropriation would not be required
for this increase due to a decrease in the extra labor budget as a result of the reorganization. Staff
also presented this reorganization to the Community Affairs and Parks Committee on May 15,
2007; that Committee recommended approval and forwarding to the COW. UNANIMOUS
APPROVAL. FORWARD TO MAY 29 COW.
COUNCIL AGENDA SYNOPSIS
�r1LA "s Initialr ITEM No.
oj vZ. Meeting Date 1 Prepared by e l Mayor's review 1 Cgi cil review 1
Q: 4t%. i
w E o I 5/29/07 I BG A. 1 /44v
r?- 6/04/07 I 1 I L. I J. 3
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ITEM INFORMATION
I CAS NUMBER: 07-064 I ORIGENAL AGENDA DATE: MAY 29, 2007
AGENDA ITEM TITLE Traffic Signal Interconnect Project
Supplemental Agreement No. 2 with consultant Siemens ITS
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 5/29/07 Mtg Date 6/04/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV
SPONSOR'S Supplemental Agreement No. 2 has been negotiated with Siemens ITS for traffic
SUNS AIRY operations software integration services on the Tukwila Urban Center Traffic Signal
Interconnect and ITS project for a fixed fee not to exceed $136,274. Siemens was
selected for design services and the first supplement covered construction management.
We are quickly approaching the end of construction with the next phase being integration,
which includes signal timing installation, testing and verification.
REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAZE: 5/14/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the consultant's supplement with Siemens ITS.
COMIrrIEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$136,274.00 $2,128,000.00 $0.00
Fund Source: 104.02 Commercial Streets (page 44, 2007 CO)
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
5/29/07
6/04/07
MTG. DATE ATTACHMENTS
5/29/07 Information Memo dated May 7, 2007
Supplement No. 2 and Scope of Work
Transportation Committee Meeting Minutes from May 14, 2007
I I
6/04/07
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: May 7, 2007
Subject: Tukwila Urban Center Signal Interconnect and ITS
Traffic Operations Center Hardware and Software Integration
Project No. 88 -RW02, Contract No. 05 -085
Supplemental Agreement No. 2
ISSUE
Supplemental Agreement No. 2 has been negotiated with Siemens ITS for traffic operations software
integration services on the Tukwila Urban Center Signal Interconnect and ITS project for a fixed fee
not to exceed $136,274.
BACKGROUND
Siemens ITS was selected in 2005 for design services on this project and we are quickly approaching
the end of the construction phase. The base contract amount with Siemens ITS under City Contract
No. 05 -085 was $285,877 for the preliminary engineering and final design phases. Supplemental
Agreement No. 1 for on -call construction management support and signal timing services was $93,325.
Siemens was asked to provide a supplemental agreement for the integration phase, as described in the
base contract as optional services. This supplement will provide the following for the Traffic
Operations Center:
System integration of all required hardware and software
System architecture development and testing
System graphics showing the urban center intersections
Signal timing installation, testing and verification
System documentation and training
ANALYSIS
A supplemental agreement for Traffic Operations Center system integration services has been
negotiated for a fixed fee not to exceed $136,274. Budget is available in the construction phase.
RECOMMENDATION
Authorize the Mayor to sign Supplemental Agreement No. 2 with Siemens ITS in the amount of
$136,274.
BG:ad
attachment: Supplemental Agreement No. 2
(P:Projects\A- RW RS Projects \88RW02 Traf Sig Intrcnt\INFO MEMO SIEMENS CM Supplement No. 2)
Organization and Address
SUPPLEMENTAL AGREEMENT
NO 2 Siemens ITS
8004 Cameron Road
Agreement Number Austin, TX 78754
05 -085 Attn: Paul Wilson
City Project Number Phone
88 -RWO2 (512) 837 -8412
Project Title New Maximum Amount Payable
Tukwila Urban Center Signal Interconnect and ITS $529,599
Project
Description of Work
Provide construction support services for this project.
The Local Agency of The City of Tukwila desires to supplement the agreement entered into with Siemens
Inc. and executed on 22 of July, 2005 and identified as Agreement No. 05 -085. All provisions in the
basic agreement remain in effect except as expressly modified by this supplement.
Section 1, SCOPE OF WORK, is hereby changed as set forth in EXHIBIT A-2, and by this reference
made a part of this supplement.
Section V, PAYMENT, shall be amended as follows:
The Maximum Total Amount Payable to the Consultant under this Agreement shall not exceed
the sum of the Amount Payable as set forth in EXHIBIT A -1 ($93,325) EXHIBIT A -2 ($136,274) and the
base contract ($285,877), for a total of $515,476.00
If you concur with this supplement and agree to the changes as stated above, please sign in the
appropriate spaces below and return to this office for final action.
By: SIEMENS ITS. By: Citv of Tukwila
Signature Date Signature Date
SIEMENS
_4 e L F
to
Scope of Work
Exhibit A-2
04/17/07
Table of Contents
Introduction 2
Task 9: Project Coordination with City of Tukwila 2
Task 10: Architecture Development and Implementation of an Integrated Traffic Management System 2
Task 10.1 System Architecture Report 2
Task 10.2 Procurement List of all TOC Hardware and Software 2
Task 10.3: System Acceptance Test Plan 3
Task 10.4 System Graphics and database development 3
Task 10.5 System Set -up and In -house System Integration and Testing 4
Task 10.6 On -Site Central System Installation and Off-Line Testing 5
Task 11: Traffic Management System Field Elements Integration and Validation 5
Task 11.1: System integration 5
Task 11.2: End -to -End System Testing 6
Task 11.3: Documentation 6
Task 11.4: Training 6
Maintenance Support and Warranty 7
Siemens ITS Page 1
SIEMENS
Introduction
This scope of work describes the supplemental agreement No. 2 to be completed by the Siemens ITS Team.
The scope of work describes the following tasks
Project Coordination with City of Tukwila
Architecture Development and Implementation of an integrated Traffic Management system at the
TOC
Task 9; Project Coordination with City of Tukwila
Siemens will coordinate the execution of the subsequent Tasks 10 and 11 with the City of Tukwila. This task
includes two meetings with the City, maintenance of o✓erall project schedule, and submittal of invoices. In
addition, this task includes two meetings with the IT group to discuss future connections to Emergency
Operations Center and Police Department (note that the actual connection to those agencies is not part of this
task but may be performed at a later point in time as a separate task). The actual technical management of the
ACTRA implementation and integration is included in the budgets for the subsequent tasks.
Budget
The budget for Task 9 is $14,717.
Task 10: Architecture Development and Implementation of an
integrated Traffic Management system at the TOC
Task 10.1 System Architecture Report
Using the Concept plan and PS &E documents which will identify the locations of field improvements to be
deployed as part of this phase of the project, Siemens will prepare a system architecture report. The report will
document the existing infrastructure at the City and will include a hardware architecture diagram showing all
hardware connections and interfaces at the central as well as in the field. All hardware components including
necessary computer equipment for ACTRA as well as TOC equipment, and communications equipment will be
shown in this diagram. Existing and new equipment to be procured will be identified.
Deliverables
System Architecture Report
Task 10.2 Procurement List of all TOC Hardware and Software
Based on the system architecture developed in the previous task, Siemens will provide a list of all required
hardware (communication servers; UPS; workstations; Ethernet switches), and 3rd party software (e.g.
MSSQL, etc.) in order to deploy a fully, functional system to the City for review. The list may be revised based
on City's comments.
Siemens ITS Page 2
SIEMENS
w M -`d -cc` Y r_- 'c'ZT` 4-'
Deliverables
Hardware and software procurement specifications
Meet with Tukwila IT Department to coordinate needs
Task 10.3 Procurement of System Hardware and 3` Party Softwrae
Based on the system architecture and procurement list developed in the previous tasks, Siemens will procure
all system hardware (servers, UPS, workstations) and 3rd Party Software required to deploy a fully functional
system. The system hardware will be loaded with ACTRA and tested in a later task, see 10.6.
Deliverables
One Dell PowerEdge 2950 in Dell 4210 Enclosure
One HP Color Laserjet 4700n
One Dell Optiplex GX620 Workstation
One APC Smart UPS RM 2200VA
Three CF -30 Toughbooks
Task 10.4 System Acceptance Test Plan
Siemens will provide the ACTRA standard acceptance test procedures. Said procedures shall identify various
functions (e.g. Download /Upload, SYNCHRO Interface, CCTV, etc.) for testing. A SAT document shall be
submitted for review and approval by the City prior to commencement of system testing.
Deliverables
System Acceptance Test Document
Task 10.5 System Graphics and database development
The City shall supply the following information to Siemens for input into the system and preparation of the
graphical displays:
Map of the City in electronic format (.bmp or .wmf format) or an aerial photograph of the
City
Intersection layouts for the 28 intersections to be under the control of the system
Siemens shall be responsible for the input of the data supplied by the City into the system, and for the
preparation of the map graphic and individual graphical displays for all signals.
The following is a list of the 28 intersections that will be under the control of the system:
S 180th St Southcenter Pkwy
S 180th St Andover Park W
S 180th St Andover Park E
S 180th St Sperry Dr
S 180th St West Valley Hwy
Siemens ITS Page 3
SIEMENS
y
SW 43rd St /72nd Ave S
Southcenter Pkwy Blk 17500
Southcenter Pkwy Minkler Bivd
Southcenter Pkwy 168th St
Southcenter Pkwy Strander Blvd
Southcenter Pkwy Klickitat
Southcenter Pkwy /1-5 NB Off Ramp
53rd Ave S Klickitat Dr
Andover Park E Costco Dr
Andover Park E Minkler Bivd
Andover Park E Stander Blvd
Andover Park E Baker Blvd
Andover Park E Tukwila Pkwy
Andover Park W Minkler Blvd
Andover Park W Strander Blvd
Andover Park W Baker Blvd
Andover Park W Tukwila Pkwy
61st Ave S Tukwila Pkwy
Strander Blvd/Mall Entrance /61st PI S
Tukwila Pkwy Mall Entrance
Southcenter Blvd 66th Ave S
Southcenter Blvd 61St Ave S
Southcenter Blvd Macadam Rd S
Deliverables:
One citywide map showing:
Major arterials
28 Intersections
CCTV locations
28 intersection graphics
Upload and store intersection data
Task 10.6: System Set -up and In-house System Integration and Testing
In this task, Siemens Integration Team will configure the system in its systems laboratory. The COTS software
and ACTRA software will be installed on the Servers and Workstations. The Workstations will be configured
with the City map and intersection graphics and database. The system will be configured for bench testing
with two Type M50 controllers with the appropriate firmware, and required communications equipment. The
City will provide the communications equipment for testng.
The system will be tested according to standard in -house test procedures for ACTRA and SEPAC.
Following successful testing, the system will be packed and shipped to City of Tukwila for installation.
Siemens ITS Page 4
SIEMENS
Deliverables
Document summarizing the details of the testing results in accordance with the SAT procedures.
Configured system ready for On -Site installation
Task 10.7 On-Site Central System Installation and Off -Line Testing
Siemens staff will install the system equipment at the City's TOC per the system architecture plan approved by
the City in Task 10.1.
By using the test system of controllers, Siemens staff will run through the acceptance test procedures with this
configuration in the presence of City staff. This off-line test will be conducted and completed within one day.
Any problems that occur during the test, and are attributable to either Siemens's work or equipment delivered
by Siemens, will be rectified and the relevant part of the test will be repeated.
The Installed System will include one licensed copy of SYNCHRO. Siemens' terms and conditions for the
licensing of SYNCHRO will apply.
Deliverables
Configured system ready for connection to field equipment.
Completed Test Procedures and Results consistent with the approved SAT document.
Meet with IT to discuss results
One license of SYNCHRO
Budget
The budget for Task 10 is $86,798.
Task 11: Traffic Management System Field Elements
Integration and Validation
Task 11.1: System integration
Following successful testing of ACTRA in task 10.6 and construction of field elements (including installation of
cabinets, controllers and cameras) by others, Siemens wil bring on -line the controllers and CCTV cameras to
ACTRA.
It is assumed that timing plans will be developed and installed on controllers under a separate contract by the
City's consultant.
City personnel will be on hand throughout this task.
.At the end of this task, the system will be ready for the Final Acceptance Test.
Siemens ITS Page 5
SIEMENS
Deliverables
System fully connected to intersections and cameras
Task 91.2: End -to -End System Testing
End -to-End System Acceptance Testing for all intended functions will be performed once all hardware and
communications equipment is installed at central and in the field.
Siemens staff will be on site to administer and conduct the test in accordance with the standard test
procedures. The test will be conducted within one day. The test results will be documented and City
personnel will observe the testing.
If any part of the test involving Siemens supplied software fails, relevant sections of the test will be repeated
following correction of the software as agreed by both parties.
Deliverables
Completed Test Procedures and Results consistent with the approved SAT document
Task 11.3: Documentation
Siemens will provide a CD with User Manual, and System Administration Manual for ACTRA. A User Manual
will also be provided for SEPAC. As part of this task Siemens will also update the System Architecture report
to reflect the as -built conditions. The user's manual is geared towards the system operator and complements
the On -line Help facility. The document contains complete written instructions explaining the use of the user
interface and operation of the system. The controller data base screens are also described in full.
Deliverables
ATMS User's Manual CD
ATMS Administrator's Manual CD
Firmware User Manual
Final System Architecture Report
Task 11.4: Training
After the On -Site System Central Installation and Off-Line Testing task are completed, a three-day classroom
training session (24 hours) for up to ten (10) individuals will be held. Another 24 hours of training distributed
over three days will be provided after the completion of Communications Cut -Over task. These sessions will
cover all aspects of ACTRA and SEPAC operations. Training will be tailored to individuals with knowledge of
PC and Windows operations.
The training sessions will be conducted at the City TOC where ACTRA is located so that the installed system
can be used to demonstrate features.
Siemens ITS Page 6
SIEMENS
Deliverables:
Training Course
Training Materials
Budget
The budget for Task 11 is $40,606.
Maintenance Support and Warranty
Siemens provides a one -year warranty (free of charge) of the delivered software measured from the date of
acceptance of the software.
During this period, Siemens will also answer City's questions regarding system capability and operations.
Maintenance shall be conducted through telephone trouble- shooting and as- required, on -site examination of
the reported problem. Siemens will also offer to the City one free upgrade of the software during the one -year
warranty period. The work associated with the upgrade will be performed by the Siemens staff.
Siemens ITS Page 7
v.1
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i_�vI ,dam `.G1
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isoa
TRANSPORTATION COMMITTEE
Meeting Minutes
May 14, 2007- 5:00 p.m.
PRESENT
Councilmembers: Pam Carter, Chair; Pam Linder and Joe Duffle
Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Brian Shelton, Pat Brodin, Gail Labanara
and Kimberly Matej
CALL TO ORDER: Committee Chair Carter called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Tukwila Urban Center Signal Interconnect ITS Proiect Consultant Supplemental Agreement
Jim Morrow reminded the Committee that one of the reasons that Siemens was originally chosen
for this project was because of their expertise in regards to the software used for this program. In
this final phase, Siemens will load the software and conduct necessary programming for signal
operation. The amount for this phase is currently in the budget. UNAiNLVIOUS APPROVAL.
FORWARD TO COW FOR DISCUSSION.
B. 2007 Annual Overlay Repair Program Bid Award
Jim Morrow stated that he is glad that the Council recognizes the importance of the overlay
program. This program is based on a pavement management system, and assists in long -term
savings for the City. UNANIMOUS APPROVAL. FORWARD TO MAY 14 COW FOR
DISCUSSION.
C. Boeing Access Road/East Marginal Wav Intersection Paving Bid Award
Staff is seeking a recommendation to award the above mentioned intersection resurfacing to the
lowest bidder, Lakeridge Paving Company. This is the second time out to bid for this project, as
first round bids were rejected due to insufficient project funding.
Additionally, staff is seeking approval from the full Council to transfer funds from the current
South 144 Street Phase I project into this intersection resurfacing project. The extra funds have
resulted from a negotiated credit between the City and Seattle City Light, and staff has
determined that the 144 project will not require all of its budgeted funding.
Finally, staff is requesting the bid award go directly to full Council for approval since the
contractors are under a significant amount of pressure to complete this project within a specified
time frame. UNANIMOUS APPROVAL. FORWARD TO REGULAR COUNCIL.
COUNCIL AGENDA SYNOPSIS
--k/ ry Initials ITEM ND.
19 tbleetinn Date Prepared by Mayor's review Aruncil review
wk 0 05/29/07 1 MC /KO
1 06/04/07 I 1 1�
1908
ITEM INFORMATION
CAS NUMBER: 07-065 I ORIGINAL AGENDA DATE: MAY 29, 2007
AGENDA ITEM TITLE Resolution declaring an emergency in response to Sanitary Sewer Repair at
Shasta Beverages.
CA IEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 05/29/07 Mtg Date Mtg Date 06/04/07 Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR Council Major Adm Svcs DCD Finance Fire Legal PO-R. Police PTV
SPONSOR'S City maintenance crews discovered a portion of sanitary sewer with eroded channels
SUMMARY allowing sewage to leak and enter the ground. The location is in front of Shasta Beverages
at 1227 Andover Park East. The leaking did not cause subsidence of the street but
sinkholes are a possibility and the area required an immediate repair. This resolution will
declare an emergency and allow staff to immediately enter into a construction contract per
RCW 39.04.280.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05/22/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Emergency Resolution.
COMB LITTEE Unanimous approval, forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
05/29/07 1
06/04/07
MTG. DATE I ATTACHMENTS
05/29/07 Information Memo dated May 16, 2007
Resolution
Utilities Committee Meeting Minutes from May 22, 2007
06/04/07 I
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director C
Date: May 16, 2007
Subject: Shasta Sanitary Sewer Emergency Pipe Repair
Project No. 07 -SW04
Emergency Declaration Resolution
ISSUE
Approve an emergency declaration that authorizes City staff to expedite repair of the subject
project.
BACKGROUND
While videoing sewers, City maintenance staff discovered a portion of sanitary sewer with
eroded channels allowing sewage to leak and enter the ground. The location is in front of
Shasta Beverages, Inc., at 1227 Andover Park East. The depth of the sewer varies from 7 feet
to 10 feet. The leaking of sewage has not resulted in subsidence of the street or pavements
yet, but sinkholes are a possibility.
RECOMMENDATION
Approve the emergency resolution that authorizes Public Works to immediately construct
repairs to the damaged pipe by a construction contract exempt from competitive bidding.
MC:ad
attachment
(R•Projaa \msww\tnfo Mono Shasta Sanitary Scurf Ernergercy Au Repair Resolution)
nn A CT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DECLARING AN EMERGENCY IN RESPONSE TO
DAMAGES TO PUBLIC PROPERTY CAUSED BY A COLLAPSED
SANITARY SEWER.
WHEREAS, City sewer utility workers, while performing basic maintenance
inspections, discovered that a sanitary sewer has collapsed at the 1200 block of Andover
Park East; and
WHEREAS, the break has resulted in damage to the sanitary sewer system, which
also poses a significant threat to existing gas, storm drain and water utilities; and
WHEREAS, repairs to the collapsed sanitary sewer are required immediately; and
WHEREAS, RCW 39.04.280 provides regulations for emergency declarations and
competitive bidding exemptions; and
WHEREAS, the Mayor of Tukwila has declared an emergency, in order to allow
Public Works personnel to respond with appropriate resources to correct damages and
to prevent further impacts to public and private property; and
WHEREAS, the City Council wishes to provide their support and endorsement of
the Mayor in his action to declare an emergency and of the City's efforts to respond to
the emergency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The City Council expresses their support of the Mayor in his declaration of
emergency due to damages brought about by a failed sanitary sewer, and the need for
immediate responsive action, and hereby authorizes Public Works personnel to respond
in the manner which is most effective and expedient, without regard for the procedures
and formalities which would otherwise govern the assignment of duties, procurement
of materials, and contracting of services. This situation constitutes an emergency as
defined in RCW 39.04.280(3).
PASSEL) BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST /AUTHENTICATED:
Verna Griffin, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:
C: \Documents and Settings\All Users Desktop Kelly \MSDATA\Resolutions \Sanitary Sewer Emergency.doc
Gy. ksn 5/24/2007 Page 1 of 1
o City of Tukwila
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6 I
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eoz
UTILITIES COMMITTEE
Meeting Minutes
May 22, 2007- 5:00 p. m.
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffle and Jim Haggerton
Staff: Frank Iriarte, Bob Giberson, Mike Cusick, Gail Labanara and Kimberly Matej
CALL TO ORDER: Committee Chair Hernandez called the meeting to order at 4:57 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Shasta Sanitary Sewer Emergency Pine Repair Emergency Declaration Resolution
Staff has identified eroded pipes in a portion of the sanitary sewer located in front of Shasta
Beverages off of Andover Park East. As a result of these damages, staff is seeking Council
approval for an emergency resolution exempting the contract process from competitive
bidding and allowing for immediate repairs of the sewer pipe. The pipe was originally
installed in 1967, and faltered after 40 years of area businesses utilizing chemical and acid in
their technical processes. The replacement piping will be made of materials inert to the
chemicals utilized by these businesses. UNANIMOUS APPROVAL. FORWARD TO
MAY 29 COW FOR DISCUSSION.
B. Shasta Sanitary Sewer Emergency Pine Repair Short Form Construction Contract
Staff is seeking authorization to enter into a short form contract with R.L. Alia Company in
the amount of $35,000 plus WSST for the repair of the subject sanitary sewer. Funds were
not budgeted for this repair. Since the design for another project (Sewer Repair at 14438 59
Avenue South) is scheduled to be completed in- house, the funding for the emergency repair
will be taken from the 2007 CIP design budget originally reserved for the Sewer Repair at
14438 59 Avenue South (see CIP page 117). UNANIMOUS APPROVAL. FORWARD
TO COW FOR DISCUSSION.
C. Proposed King County Solid Waste Increase
Staff originally submitted King County's proposed solid waste increase as information only
to the Committee. After discussion, the Committee recommended the information be
presented to full Council to keep them as well as the general public informed.
COUNCIL AGENDA SYNOPSIS
ITEM NO.
s Meetin
,-I Date by ay pimcil review
X Prepared Mayor's review
w� ;0 05/29/07 1 MC 1 /7to 1
�r 1 06/04/07 1 1 1 Q"' rsoa 1
f
1 1 1
ITEM INFORMATION
CAS NUMBER: 07-066 1 ORIGINAL AGENDA DATE: MAY 29, 2007
AGENDA ITEM TITLE Emergency Sanitary Sewer Pipe Repair at Shasta Beverages
Short Form Contract with R.L. Alia.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 05/29/07 161ts Date 06/04/07 Mtg Date Mtg Date Mg Date Mtg Date !l ftg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV
SPONSOR'S City maintenance crews discovered a portion of sanitary sewer with eroded channels
SUMMARY allowing sewage to leak and enter the ground. The location is in front of Shasta Beverages
at 1227 Andover Park East. The leak requires immediate repair. A resolution will declare
an emergency and allow staff to immediately enter into a construction contract. R.L. Alia
Company was solicited to complete the work for $35,000.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DALE: 05/22/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve emergency contract with R.L. Alia.
COMMIT ThE Unanimous approval, forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$35,000.00 $50,000.00 $0.00
Fund Source: 402.02 Sewer (page 117, 2007 CIP)
Comments: Available budget is from the design of the Sewer Repair at 14438 59` Ave S, which will be done in- house.
MTG. DATE RECORD OF COUNCIL ACTION
05/29/07
06/04/07
MTG. DATE ATTACHMENTS
05/29/07 Information Memo dated May 16, 2007
Short Form contract with R.L. Alia
Utilities Committee Meeting Minutes from May 22, 2007
06/04/07
INFORiMATION MEMO
To: Mayor Mullet
From: Public Works Director Car
Date: May 16, 2007 Q-'
Subject: Shasta Sanitary Sewer Emergency Pipe Repair
Project No. 07 -SW04
Short Form Construction Contract
ISSUE
Short Form Contract with R. L. Alia Company of Renton, Washington, for the emergency
repair of the sanitary sewer near Shasta Beverages in Andover Park East in the amount of
$35,000.00 plus applicable Washington State sales tax.
BACKGROUND
While videoing sewers, City maintenance staff discovered a portion of sanitary sewer with
eroded channels allowing sewage to leak and enter the ground. The location is in front of
Shasta Beverages, Inc., at 1227 Andover Park East. The depth of the sewer varies from 7 feet
to 10 feet. The leaking of sewage has not resulted in subsidence of the street or pavements
yet, but sinkholes are a possibility.
ANALYSIS
This project was not budgeted in the 2007 C.I.P. Funds to repair the damaged sanitary sewer
line are available from the design budget for the Sewer Repair at 14438 59 Ave S (page 117,
2007 CIP). The design is being done in -house by City staff.
RECOMMENDATION
Authorize the Mayor to sign the short form contract in the amount of $35,000.00 (estimated
cost) plus applicable Washington State sales tax with R. L. Alia Company for the emergency
repair at Shasta Beverage.
MC:lw
attachment
(P:PtojecM07SW6luefo Memo Shute Sanitary Sneer cagey Ape Repair Alen Form Contract)
CITY OF TUKWILA
Short Form Contract
Contractor/
Vendor Name: R. L. AIia Company Project No.: Sk.' 0
Address: 107 Williams Ave. South
Renton, WA 98055 Budget Item: �G�, 02. 3S3 0J
Telephone: 425- 226 -8100 Project Name: Shasta Beverages Sanitary
Sewer Emergency Pipe Repair
Please initial all attachments, then sign and return copies one and two to:
City of Tukwila
Public Works Department
6300 Southcenter Boulevard, Suite 100
Tukwila, Washington 98188
Retain copy three for your records until a fully executed copy is returned to you.
AGREEMENT
This Agreement, made and entered into this day of 2007, by
and between the Citv of Tukwila, hereinafter called "the City," and R. L. Alia Company, hereinafter
called "the Contractor."
The City and the Contractor hereby agree as follows:
1. SCOPE OF WORK
The Contractor shall furnish all of the material and perform all of the work for:
Emergency repair of existing 12" sanitary sewer in Andover Park West near Shasta
Beverages, Inc., at 1227 Andover Park East.
A. Sawcut existing pavement.
B. Excavate 30'± of trench for sewer repair.
C. Repair sanitary sewer with 12" PVC with Romac couplings.
D. Provide bypass pumping between existing manholes of sewer.
E. Remove TV camera from existing pipe.
F. Provide shoring for trench.
G. Provide 5/8" crushed backfill for trench.
H. Restore pavement to match existing.
I. Traffic control per MUTCD.
All work shall be in accordance with City Standards and the Standard Specifications for Road,
Bridge and Municipal Construction 2006.
2. TIME OF COMPLETION
The work shall be commenced Mav 10. 2007, and be completed no later than Mav 14. 2007.
-1- std e,2 d /e/6i,/177) S
3. CONTRACT SUM
The City shall pay the Contractor for the performance of the work the estimated sum of S35,000.00
plus applicable Washington State sales tax. Payment will be by Force Account per Section 1 -09.6 of
the WSDOT Standard Specifications.
4. PAYMENTS
The City shall make payments on account of the contract at completion of project.
5. ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due days after completion of the work, provided the
contract is fully performed and accepted.
6. GENERAL CONDITIONS
The City and the Contractor agree upon the following general conditions, which shall govern:
A. Contract Documents
The contract includes this Agreement, Scope of Work and Payment Exhibit.
The intent of these documents is to include all labor, materials, appliances and services of
every kind necessary for the proper execution of work, and the terms and conditions of
payment therefore.
The documents are to be considered as one, and whatever is called for by any one of the
documents shall be as binding as if called for by all.
The Contractor agrees to verify all measurements set forth in the above documents and to
report all differences in measurements before commencing to perform any work hereunder.
B. Materials, Appliances and Employees
Except as otherwise noted, the Contractor shall provide and pay for all materials, labor,
tools, water, power and other items necessary to complete the work.
Unless otherwise specified, all material shall be new, and both workmanship and materials
shall be of good quality.
Contractor warrants that all workmen and subcontractors shall be skilled in their trades.
C. Surveys, Permits and Regulations
The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for
the prosecution of the work shall be secured and paid for by the Contractor. Easements for
permanent structures or permanent changes in existing facilities shall be secured and paid for by
the City unless otherwise specified. The Contractor shall comply with all laws and regulations
bearing on the conduct of the work and shall notify the City in writing if the drawings and
specifications are at variance therewith.
D. Protection of Work, Property and Persons
The Contractor shall adequately protect the work, adjacent property and the public and shall be
responsible for any damage or injury due to his act or neglect.
-2-
E. Access to Work
The Contractor shall permit and facilitate observation of the work by the City and its agents and
public authorities at all times.
F. Changes in the Work
The City may order changes in the work, the contract sum being adjusted accordingly. All such
orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be
made in writing before executing the work involved.
G. Correction of Work
The Contractor shall re- execute any work that fails to conform to the requirements of the
contract and that appears during the progress of the work, and shall remedy any defects due to
faulty materials or workmanship which appear within a period of one year from date of
completion of the contract and final acceptance of the work by the City unless the manufacturer
of the equipment or materials has a warranty for a longer period of time, which warranties shall
be assigned by Contractor to City. The provisions of this article apply to work done by
subcontractors as well as to work done by direct employees of the Contractor.
H. Owner's Right to Terminate Contract
Should the Contractor neglect to prosecute the work properly, or fail to perform any provision
of the contract, the City, after seven days' written notice to the Contractor, and his surety, if any,
may without prejudice to any other remedy the City may have, make good the deficiencies and
may deduct the cost thereof from the payment then or thereafter due the contract or, at the City's
option, may terminate the contract and take possession of all materials, tools, appliances and
finish work by such means as the City sees fit, and if the unpaid balance of the contract price
exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if
such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City.
I. Payments
Payments shall be made as provided in the Agreements. Payments otherwise due may be
withheld on account of defective work not remedied, liens filed, damage by the Contractor to
others not adjusted, or failure to make payments properly to the subcontractors.
J. Contractor's Liability Insurance
Contractor will carry public liability and property damage insurance with carriers satisfactory to
the City, in the following amounts:
50,000 property damage
500,000 public liability (each person)
1,000,000 public liability (each occurrence)
with endorsements naming the City as an additional insured and will provide the City with
certificates of insurance prior to start of construction and with 30 days notice prior to
cancellation.
K. Performance Bond
The Contractor shall furnish to the City prior to start of construction a performance bond in an
amount of 100% of the contract in a form acceptable to the City. In lieu of bond for contracts
less than $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as
retainage for a period of 30 days after fmal acceptance or until receipt of all necessary releases
-3-
from the Department of Revenue and the Department of Labor and Industries and settlement of
any liens, whichever is later.
L. Liens
The final payment shall not be due until the Contractor has delivered to the City a complete
release of all liens arising out of this contract or receipts in full covering all labor and materials
for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against
any lien.
M. Separate Contracts
The City has the right to let other contracts in connection with the work and the Contractor shall
properly cooperate with any such other contracts.
N. Attorneys Fees and Costs
In the event of legal action hereunder, the prevailing party shall be entitled to recover its
reasonable attorney fees and costs.
O. Cleaning Up
The Contractor shall keep the premises free from accumulation of waste material and rubbish
and at the completion of the work he shall remove from the premises all rubbish, implements
and surplus materials, and leave the site clean.
P. Indemnification
The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and
employees, from and against any and all claims, losses or liability, including attorney's fees,
arising from injury or death to persons or damage to property occasioned by an act, omission or
failure of the Contractor, its officers, agents and employees, in performing the work required by
this Agreement. With respect to the performance of this Agreement and as to claims against the
City, its officers, agents and employees, the Contractor expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees and agrees that the obligation to indemnify, defend and hold harmless provided for
in this paragraph extends to any claim brought by or on behalf of any employee of the
contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to
any damage resulting from the sole negligence of the City, its agents and employees. To the
extent any of the damages referenced by this paragraph were caused by or resulted from the
concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend
and hold harmless is valid and enforceable only to the extent of the negligence of the
Contractor, its officers, agents, and employees.
Q. Prevailing Wages
The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall
file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW
39.12.040.
R. Discrimination Prohibited
The Contractor shall comply with all Equal Employment Opportunity regulations and shall not
discriminate against any employee, applicant for employment, or any person seeking the
services of the Contractor on the basis of race, color, religion, creed, sex, age, national origin,
marital status or the presence of any sensory, mental or physical handicap.
-4-
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above
written.
CITY OF TUKWILA R. L. LIA IOMPANY
B y'
BY 1
gnature Signature
Printed Name: Printed Name: 1 L PI�
Title:
Date: Date: o 7
1 I
ATTEST /AUTHENTICA [ED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By:
-5-
of City of Tukwila
t 1/
N 6 O Utilities Committee
1908
UTILITIES COMMITTEE
Meeting Minutes
May 22, 2007- 5: 00 p. m.
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffle and Jim Haggerton
Staff: Frank Iriarte, Bob Giberson, Mike Cusick, Gail Labanara and Kimberly Matej
CALL TO ORDER: Committee Chair Hernandez called the meeting to order at 4:57 p.m.
L PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Shasta Sanitary Sewer Emervencv Pine Repair Emergency Declaration Resolution
Staff has identified eroded pipes in a portion of the sanitary sewer located in front of Shasta
Beverages off of Andover Park East. As a result of these damages, staff is seeking Council
approval for an emergency resolution exempting the contract process from competitive
bidding and allowing for immediate repairs of the sewer pipe. The pipe was originally
installed in 1967, and faltered after 40 years of area businesses utilizing chemical and acid in
their technical processes. The replacement piping will be made of materials inert to the
chemicals utilized by these businesses. UNANIMOUS APPROVAL. FORWARD TO
MAY 29 COW FOR DISCUSSION.
B. Shasta Sanitary Sewer Emergency Pipe Repair Short Form Construction Contract
Staff is seeking authorization to enter into a short form contract with R.L. Alia Company in
the amount of $35,000 plus WSST for the repair of the subject sanitary sewer. Funds were
not budgeted for this repair. Since the design for another project (Sewer Repair at 14438 59
Avenue South) is scheduled to be completed in- house, the funding for the emergency repair
will be taken from the 2007 CIP design budget originally reserved for the Sewer Repair at
14438 59 Avenue South (see CIP page 117). UNANIMOUS APPROVAL. FORWARD
TO COW FOR DISCUSSION.
C. Proposed King County Solid Waste Increase
Staff originally submitted King County's proposed solid waste increase as infoimation only
to the Committee. After discussion, the Committee recommended the information be
presented to full Council to keep them as well as the general public informed.
COUNCIL AGENDA SYNOPSIS
O r Initial ITEM NO
„I ii i Meeting Date Prepared by 1 Mayor's review Cried review
5/29/07 1 BS 2
1 1 1
6/04/07 1 BS
I 1 I 1
ITEM INFORMATION
CAS NUMBER: 07-067 'ORIGINAL AGENDA DATE: MAY 29, 2007
AGENDA ITEM TITuE Ordinances for 7 Street Vacations for Sound Transit setting the date for satisfying
conditions to April 30, 2008
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 05/29/07 Mtg Date Mtg Date Mtg Date 6/4/07 Mtg Date it ttg Date 4/4/05 1 itg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV
SPONSOR'S Ordinances for 7 street vacations that are required to accommodate Sound Transit Link Light
SUNNARY Rail South Corridor rail lines. Date for conditions set to April 30, 2008. Oriainal Ordinance
3.40.62 35 Ave S (southwesterly from Southcenter Blvd) Ordinance 2087
3.40.63 48 Ave S (northeasterly from S 134 PI to I -5) Ordinance 2088
3.40.64 47 Ave S (northeasterly for 310 ft from S 134 PI) Ordinance 2089
3.40.65 49 Ave S (northeasterly for 100 ft parallel to I -5) Ordinance 2090
3.40.66 S 138 St (at intersection of I -5) Ordinance 2091
3.40.67 S 146 St (southeasterly for 226 ft to I -5) Ordinance 2092
3.40.68 S 133 St (at intersection of SR -599) Ordinance 2093
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05/14/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Ordinances
COM Hh1rE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
MTG. DATE J RECORD OF COUNCIL ACTION
02/22/05 I Approved Resolution 1570, setting public hearing for April 4, 2005
4/04/05 Public Hearing, Forward to next COW
4/25/05 I Discussed Street Vacations, forwarded to next Regular Council
5/16/05 All 7 Street Vacations approved by Council
5/29/07 1
6/4/07 1
MTG. DATE ATTACHMENTS
05/29/07 Information Memo dated May 8, 2007
Vicinity Map of all 7 street vacations
Ordinance 2087 as an example of original ordinances
7 New Ordinances, setting the date for satisfying conditions to April 30, 2008
Transportation Committee Meeting Minutes from May 14, 2007
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director de[ii\
Date: May 8, 2007
Subject: Street Vacations for the Link Light Rail Project
ISSUE
Setting date for satisfying the conditions for 7 Sound Transit street vacations.
BACKGROUND
The City Council approved seven (7) street vacations on May 16, 2005, related to the Sound
Transit Link Light Rail project. Conditions for satisfying the street vacations were not met by
April 30, 2007, in accordance with the approving ordinances. A copy of Ordinance 2087 that
vacates 35 Ave. South is attached for information and an example of the original ordinances.
Sound Transit has requested April 30, 2008 be the date established for satisfying conditions
for the (7) street vacations.
Seven ordinances have been prepared with the date for satisfying conditions set to
April 30, 2008. All other content and conditions remain the same for each ordinance.
RECOMMENDATION
Approve seven (7) ordinances for Sound Transit's street vacations with the date for satisfying
conditions set to April 30, 2008.
BLS: ad
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City of T
Washington
Ordinance No. 4 8 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY
LOCATED WITHIN THE CITY, DEDICATED FOR STREET
PURPOSES, GENERALLY DESCRIBED AS 35th AVENUE SOUTH,
RUNNING SOUTHWESTERLY FROM SOUTHCENTER BOULEVARD
(SOUTH 154TH STREET) FOR APPROXIMATELY 354 FEET,
INCLUDING THE PARTIAL CUL -DE -SAC BULB; AMENDING THE
OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway Route
Project on December 8, 2004; and
WHEREAS, TMC 11.60 identifies street vacation procedures including public notification,
a public hearing, review and comment, and submittal of relevant information to City Council,
all of which have been done; and
WHEREAS, Sound Transit Link Light Rail proposes a station at this location; and
WHEREAS, 35th Avenue South has been right -of -way for more than 25 years; and
WHEREAS, Sound Transit provided a real property appraisal from a member of the
American Institute of Real Estate Appraisers in the amount of $446,088.00; and
.WHEREAS, utilities exist in the right -of -way being vacated; and
WHEREAS, the City of Tukwila City Council conducted a public hearing on April 4, 2005
for the purpose of considering the vacation of certain property located in the City of Tukwila,
as described in the ordinance title; and
WHEREAS, following conclusion of the public hearing, the City Council found the
property should be vacated, subject to certain conditions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 23,891 square feet of 35th Avenue South, running southwesterly
from Southcenter Boulevard (South 154th Street) for approximately 35 feet, including the
partial cul -de -sac bulb.
STV- ST -35u JM:bjs 5 -12 -05 1
B. This vacation is conditioned upon satisfaction, by April 30, 2007, of the following:
1. Provision of compensation for $446,088.00.
2. Provision of utility easement(s).
3. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development and
Transit Way Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby directed to
record a certified copy of this ordinance with King County, upon determination by the Public
Works Director that the conditions referenced above have been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified copy of
the ordinance, the City Public Works Director shall amend the City's official street map to be
consistent with this ordinance.
Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City. This vacation shall not become effective until the conditions
contained herein have been fully satisfied, until all fees owed the City have been paid, and
until five (5) working days after the date that this ordinance and all relevant documents have
been recorded with King County Records.
PASSED BY THE CITY COUl CIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this J/a 7 j day of L ',21, y i 2005.
Steven M. Mullet, Mayor
ATTEST/ AUTHENTICATED:
�r -*mot.,
j uie E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By 47.
Office of the City Attorney
FILED WITH THE CITY CLERK: a 2 0 S
PASSED BY THE CITY COUNCIL: i a
PUBLISHED: ,Lc
EFFECTIVE DATE:.
ORDINANCE NO.: a u e7
STV- ST -35" JM:bjs 5-12-05 2
Exhibit A
Street Vacation
35 Avenue South
3.40.62
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN
THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY
DESCRIBED AS 35th AVENUE SOUTH, RUNNING SOUTHWESTERLY
FROM SOUTHCENTER BOULEVARD (SOUTH 154Th STREET) FOR
APPROXIMATELY 354 FEET, INCLUDING THE PARTIAL CUL -DE -SAC
BULB; AMENDING THE OFFICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, TMC 11.60 identifies street vacation procedures including public
notification, a public hearing, review and comment, and submittal of relevant
information to City Council, all of which have been done; and
WHEREAS, Sound Transit Link Light Rail proposes a station at this location; and
WHEREAS, 35th Avenue South has been right -of -way for more than 25 years; and
WHEREAS, Sound Transit provided a real property appraisal from a member of
the American Institute of Real Estate Appraisers in the amount of $446,088.00; and
WHEREAS, utilities exist in the right -of -way being vacated; and
WHEREAS, the City of Tukwila City Council conducted a public hearing on April
4, 2005 for the purpose of considering the vacation of certain property located in the
City of Tukwila, as described in the ordinance title; and
WHEREAS, following conclusion of the public hearing, the City Council found the
property should be vacated, subject to certain conditions; and
WHEREAS, on May 16. 2005. the City Council approved Ordinance No. 2087.
authorizing the vacation of certain City property to Sound Transit. subject to Sound
Transit satisfying certain conditions by April 30, 2007: and
WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2007; and
WHEREAS. Sound Transit has requested additional time for satisfying the
conditions for this street vacation:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
C \Documents and Settings All Desktop Kelly \MSDATA Ordinances \35th Avenue South St Vacdoc
GLksu 5/24/2007 Page 1 of 2
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 23,891 square feet of 35th Avenue South, running
southwesterly from Southcenter Boulevard (South 154th Street) for approximately 35
feet, including the partial cul -de -sac bulb.
B. This vacation is conditioned upon satisfaction, by April 30. 2008. of the
following:
1. Provision of compensation for $446,088.00.
2. Provision of utility easement(s).
3. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development
and Transit Way Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby
directed to record a certified copy of this ordinance with King County, upon
determination by the Public Works Director that the conditions referenced above have
been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 4. Severability. If any section, subsection, paragraph, sentence, dause 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 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City. This vacation shall not become effective until the
conditions contained herein have been fully satisfied, until all fees owed the City have
been paid, and until five working days after the date that this ordinance and all relevant
documents have been recorded with King County Records.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST AUTHENTICA
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:
Attachment Exhibit A, Street Vacation 35th Avenue South, 3.40.62
CA Documents and Settings \All Users Desktop Kelly MSDATA Ordinances 35th Avenue South St Vacdoc
GL ksn 5/24/2007 Page 2 of 2
Exhibit A
Street Vacation
35 Avenue South
3.40.62
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Dr% T
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN
THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY
DESCRIBED AS 48TH AVENUE SOUTH, RUNNING NORTHEASTERLY
FROM S. 134TH PLACE TO THE INTERSTATE 5 ON -RAMP AT STATE
ROUTE 599; AMENDING THE ONIHICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, TMC 11.60 identifies street vacation procedures including public
notification, a public hearing, review and comment, and submittal of relevant
information to City Council, all of which have been done; and
WHEREAS, 48th Avenue South has been right -of -way for more than 25 years; and
WHEREAS, Sound Transit provided a real property appraisal from a member of
the American Institute of Real Estate Appraisers in the amount of $8.12 /square foot of
right -of -way; and
WHEREAS, utilities exist in the right -of -way being vacated; and
WHEREAS, the City of Tukwila City Council conducted a public hearing on April
4, 2005 for the purpose of considering the vacation of certain property located in the
City of Tukwila, as described in the ordinance title; and
WHEREAS, commercial trucks currently use the westerly portion of 48th Avenue
South as a turn-around; and
WHEREAS, following conclusion of the public hearing, the City Council found the
property should be vacated, subject to certain conditions; and
WHEREAS, on May 16, 2005. the Citv Council approved Ordinance No. 2088.
authorizing the vacation of certain City property to Sound Transit. subiect to Sound
Transit satisfying certain conditions by April 30, 2007: and
WHEREAS. Sound Transit failed to satisfy those conditions by April 30.2007; and
WHEREAS, Sound Transit has reouested additional time for satisfying the
conditions for this street vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
C \Documents and Settings \All Users Desktop \Kelly \MSDATA Ordinances \48th Avenue South St Vacdoc
GUksn 5/24/2007 Page 1 of 2
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 6,600 square feet of 48th Avenue South, running northeasterly
from South 134th Place to the Interstate 5 on -ramp at State Route 599.
B. As Sound Transit owns all lots that will be Land- locked, Council waives a
provision for access easement(s).
C. This vacation is conditioned upon satisfaction, by April 30, 2008, of the
following:
1. Provision of compensation for $53,592.00.
2. Provision of utility easement(s).
3. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development
and Transit Way Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby
directed to record a certified copy of this ordinance with King County, upon
determination by the Public Works Director that the conditions referenced above have
been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 4, 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 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City. This vacation shall not become effective until the
conditions contained herein have been fully satisfied, until all fees owed the City have
been paid, and until five working days after the date that this ordinance and all relevant
documents have been recorded with King County Records.
PASSEL) BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST/ AUTHE TTICATED:
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:
Attachment: Exhibit A, Street Vacation 48th Avenue South, 3.40.63
C: Documents and Settings \All Users \D Kelly \MSDATA Ordinances \48th Avenue South St Vac.doc
GL:ksn 5/24/2007 Page 2 of 2
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN
THE CITY, DEDICA'1'ED FOR STREET PURPOSES, GENERALLY
DESCRIBED AS 47TH AVENUE SOUTH, RUNNING NORTHEASTERLY
FOR APPROXIMATELY 310 FEET, FROM SOUTH 134TH PLACE TO THE
WASHINGTON DEPARTMENT OF TRANSPORTATION RIGHT -OF-
WAY; AMENDING THE OFFICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, TMC 11.60 identifies street vacation procedures including public
notification, a public hearing, review and comment, and submittal of relevant
information to City Council, all of which have been done; and
WHEREAS, 47th Avenue South has been right -of -way for more than 25 years; and
WHEREAS, Sound Transit provided a real property appraisal from a member of
the American Institute of Real Estate Appraisers in the amount of $176,516.00; and
WHEREAS, utilities exist in the right -of -way being vacated; and
WHEREAS, vacation of 47th Avenue South will create Land- locked lots of record;
and
WHEREAS, the City of Tukwila City Council conducted a public hearing on April
4, 2005 for the purpose of considering the vacation of certain property located in the
City of Tukwila, as described in the ordinance title; and
WHEREAS, following conclusion of the public hearing, the City Council found the
property should be vacated, subject to certain conditions; and
WHEREAS. on May 16. 2005. the City Council aDoroved Ordinance No. 2089.
authorizing the vacation of certain City property to Sound Transit. subiect to Sound
Transit satisfying certain conditions by April 30.2007: and
WHEREAS. Sound Transit failed to satisfy those conditions by April 30, 2007: and
WHEREAS. Sound Transit has reouested additional time for satisfying the
conditions for this street vacation:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
C \Documents and Setting \All Users Desktop Kelly \MSDATA Ordinances \47th Avenue South St Vac.doc
GL,ksn 5/24/2007 Page 1 of 2
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 12,125 square feet of 47th Avenue South, running
northeasterly for approximately 310 feet, from South 134th PIace to the Washington
Department of Transportation right -of -way.
B. This vacation is conditioned upon satisfaction, by April 30, 2008, of the
following
1. Provision of compensation for $176,516.00.
2. Provision of utility easement(s).
3. Provision of an access easement.
4. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development
and Transit Way Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby
directed to record a certified copy of this ordinance with King County, upon
determination by the Public Works Director that the conditions referenced above have
been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City. This vacation shall not become effective until the
conditions contained herein have been fully satisfied, until all fees owed the City have
been paid, and until five working days after the date that this ordinance and all relevant
documents have been recorded with King County Records.
PASSED BY THE CI 1`Y 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:
Rffective Date:
Office of the City Attorney Ordinance Number:
Attachment Exhibit A, Street Vacation 47th Avenue South, 3.40.64
C \Documents and Settings All Users Desktop Kelly MSDATA Ordinances 47th Avenue South St Vac.doc
GL knn 5/24/2007 Page 2 of 2
Exhibit A
Street Vacation
47 Avenue South
3.40.64
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCAIEll WITHIN
THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY
DESCRIBED AS A REMNANT OF 49Th AVENUE SOUTH, RUNNING
NORTHEASTERLY FOR APPROXIMATELY 100 FEET, PARALLEL TO
WASHINGTON DEPARTMENT OF TRANSPORTATION INTERSTATE 5
RIGHT -OF -WAY; AMENDING THE OFFICIAL STREET MAP OF THE
CITY; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, the City wishes to vacate this portion of 49th Avenue South; and
WHEREAS, TMC 11.60 identifies street vacation procedures including public
notification, a public hearing, review and comment, and submittal of relevant
information to City Council, all of which have been done; and
WHEREAS, 49th Avenue South has been right -of -way for more than 25 years; and
WHEREAS, no utilities exist in the right -of -way being vacated; and
WHEREAS, vacation of 49th Avenue South will not create land locked lots of
record; and
WHEREAS, the City of Tukwila City Council conducted a public hearing on April
4, 2005 for the purpose of considering the vacation of certain property located in the
City of Tukwila, as described in the ordinance title; and
WHEREAS, following conclusion of the public hearing, the City Council found the
property should be vacated, subject to certain conditions; and
WHEREAS, on Mav 16. 2005, the City Council approved Ordinance No. 2090.
authorizing the vacation of certain City property to Sound Transit. subject to Sound
Transit satisfying certain conditions bv April 30.2007; and
WHEREAS, Sound Transit failed to satisfy those conditions bv April 30, 2007; and
WHEREAS, Sound Transit has reouested additional time for satisfying the
conditions for this street vacation:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
C Documents and Settings \All Users D sktop \Kelly \MSDATA \Ordinances \49th Avenue South St Vacdoc
GUksn 5/24/2007 Page 1 of 2
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 452 square feet, remnant of 49th Avenue South, running
northeasterly for approximately 100 feet, parallel to Washington State Department of
Transportation Interstate 5 right -of -way.
B. This is a City- initiated vacation, and compensation is not due the City.
C. This vacation is conditioned upon satisfaction, by Anril 30.2008. of provision of
easement(s) to Sound Transit for construction, operation and maintenance of the
Tukwila Freeway Route Project consistent with the Development and Transit Way
Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby
directed to record a certified copy of this ordinance with King County, upon
determination by the Public Works Director that the conditions referenced above have
been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City. This vacation shall not become effective until the
conditions contained herein have been fully satisfied, until all fees owed the City have
been paid, and until five working days after the date that this ordinance and all relevant
documents have been recorded with King County Records.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST AUTT-IENTICA 1'hll:
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:
Attachment: Exhibit A, Street Vacation 49th Avenue South, 3.40.65
C\Documents and Settings\All Users Desktop Kelly \MSDATA Ordinances \49th Avenue South St Vac.doc
GL ksn 5/24/2007 Page 2 of 2
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN
THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY
DESCRIBED AS A PORTION OF S. 138TH STRhhl AT THE
INTERSECTION OF S. 138TH STREET AND THE WESTERLY SIDE OF
WASHINGTON DEPARTMENT OF TRANSPORTATION INTERSTATE 5
RIGHT -OF -WAY; AMENDING THE OFFICIAL STREET MAP OF THE
CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EH'ECTIVE DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, the City wishes to vacate this portion of South 138th Street at the
intersection of South 138th Street and the westerly side of Washington Department of
Transportation Interstate 5 right -of -way; and
WHEREAS, TMC 11.60 identifies street vacation procedures including public
notification, a public hearing, review and comment, and submittal of relevant
information to City Council, all of which have been done; and
WHEREAS, South 138th Street has been right -of -way for more than 25 years; and
WHEREAS, utilities exist in the right -of -way being vacated; and
WHEREAS, vacation of South 138th Street will not create land locked lots of record;
and
WHEREAS, the City of Tukwila City Council conducted a public hearing on April
4, 2005 for the purpose of considering the vacation of certain property located in the
City of Tukwila, as described in the ordinance title; and
WHEREAS, following conclusion of the public hearing, the City Council found the
property should be vacated, subject to certain conditions; and
WHEREAS, on May 16, 2005, the City Council anoroved Ordinance No. 2091.
authorizing the vacation of certain City property to Sound Transit. subiect to Sound
Transit satisfying certain conditions by April 30. 20i and
WHEREAS. Sound Transit failed to satisfy those conditions by April 30, 2007; and
WHEREAS. Sound Transit has requested additional time for satisfying the
conditions for this street vacation
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances South 138th Street St Vacdoc
GLksn 5/24/2007 Page 1 of 2
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 647 square feet of South 138th Street at the intersection of
South 138th Street and the westerly side of Washington Department of Transportation
Interstate 5 right -of -way.
B. This is a City- initiated vacation, and compensation is not due the City.
C. This vacation is conditioned upon satisfaction, by Anril 30, 2008, of the
following:
1. Provision of utility easement(s).
2. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development
and Transit Way Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby
directed to record a certified copy of this ordinance with King County, upon
determination by the Public Works Director that the conditions referenced above have
been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City. This vacation shall not become effective until the
conditions contained herein have been fully satisfied, until all fees owed the City have
been paid, and until five working days after the date that this ordinance and all relevant
documents have been recorded with King County Records.
PASSED BY THE CITY COUNCIL OF THE C11 Y 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:
Attachment Exhibit A, Street Vacation South 138th Street, 3.40.66
C: \Documents and Settings \All Users \Desktop \Kelly \MSDATA \Ordinances \South 138th Street St Vac.doc
GLksr 5/24/2007 Page 2 of 2
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN
THE CTTY, DEDICATED FOR STREET PURPOSES, GENERALLY
DESCRIBED AS A PORTION OF S. 146TH STREET, RUNNING
SOUTHEASTERLY FOR APPROXIMATELY 222 FEET, FROM 51ST
AVENUE SOUTH TO INTERSTATE 5 RIGHT -OF -WAY; AMENDING THE
OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, TMC 11.60 identifies street vacation procedures including public
notification, a public hearing, review and comment, and submittal of relevant
information to City Council, all of which have been done; and
WHEREAS, South 146th Street has been unopened right -of -way for more than 25
years; and
WHEREAS, Sound Transit provided a real property appraisal from a member of
the American Institute of Real Estate Appraisers in the amount of $73,635.00; and
WHEREAS, there is a utility in the right -of -way being vacated; and
WHEREAS, the vacation of South 146th Street will not create land locked lots of
record; and
WHEREAS, the City of Tukwila City Council conducted a public hearing on April
4, 2005 for the purpose of considering the vacation of certain property located in the
City of Tukwila, as described in the ordinance title; and
WHEREAS, following conclusion of the public hearing, the City Council has found
the property should be vacated, subject to certain conditions; and
WHEREAS. on May 16. 2005, the City Council approved Ordinance No. 2092,
authorizing the vacation of certain City Property to Sound Transit. subject to Sound
Transit satisfying certain conditions by April 30, 2007: and
WHEREAS. Sound Transit failed to satisfy those conditions by April 30, 2007: and
WHEREAS. Sound Transit has reouested additional time for satisfying the
conditions for this street vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
C: \Documents and Settings \All Users \Desktop\ Kelly \A -LSDATA \Ordinances \South 146th Street St Vacdoc
GLkan 5/24/2007 Page 1 of 2
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 8,860 square feet of South 146th Street, running southeasterly
for approximately 222 feet, from 51st Avenue South to Interstate 5 right -of -way.
B. This vacation is conditioned upon satisfaction, by Aoril 30, 2008, of the
following:
1. Provision of compensation for $73,635.00.
2. Provision of utility easement(s).
3. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development
and Transit Way Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby
directed to record a certified copy of this ordinance with King County, upon
determination by the Public Works Director that the conditions referenced above have
been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City. This vacation shall not become effective until the
conditions contained herein have been fully satisfied, until all fees owed the City have
been paid, and until five working days after the date that this ordinance and all relevant
documents have been recorded with King County Records.
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:
Attachment Exhibit A, Street Vacation South 146th Street, 3.40.67
C Documents and Settings \All Users Desktop \Kelly \MSDATA \Ordinances \South 146th Street St Vacdoc
G dsn 5/24/2007 Page 2 of 2
EXHIBIT A
Street Vacation
S 146th Street
3A0.67
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN
THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY
DESCRIBED AS A PORTION OF SOUTH 133rd STREET, LOCATED AT
THE INTERSECTION OF S. 133RD STREET AND STATE ROUTE 599
RIGHT -OF -WAY; AMENDING THE OFFICIAL STREET MAP OF THE
CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, TMC 11.60 identifies street vacation procedures including public
notification, a public hearing, review and comment, and submittal of relevant
information to City Council, all of which have been done; and
WHEREAS, South 133rd Street has been right -of -way for more than 25 years; and
WHEREAS, Sound Transit provided a real property appraisal from a member of
the American Institute of Real Estate Appraisers in the amount of $101,052.00; and
WHEREAS, a utility exists in the right -of -way being vacated; and
WHEREAS, the City of Tukwila City Council conducted a public hearing on April
4, 2005 for the purpose of considering the vacation of certain property located in the
City of Tukwila, as described in the ordinance title; and
WHEREAS, following conclusion of the public hearing, the City Council found the
property should be vacated, subject to certain conditions; and
WHEREAS, on May 16, 2005, the City Council auoroved Ordinance No. 2093,
authorizing the vacation of certain City vrooerty to Sound Transit. subiect to Sound
Transit satisfvine certain conditions by April 30, 2007; and
WHEREAS. Sound Transit failed to satisfy those conditions by April 30, 2007: and
WHEREAS, Sound Transit has reouested additional time for satisfyine the
conditions for this street vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation,
A. The following property located in the City of Tukwila is hereby vacated:
C \Documents and Setting. \All Uses \Desktop\Kely \MSDATA \Ordinances \South 133rd Street St Vacdoc
G[_ksn 5/24 /2007 Page 1 of 2
Approximately 7,149 square feet of South 133rd Street, located at the
intersection of South 133rd Street and State Route 599 right -of -way.
B. This vacation is conditioned upon satisfaction, by Avril 30. 2008, of the
following:
1. Provision of compensation for $101,052.00.
2. Provision of utility easement(s).
3. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development
and Transit Way Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby
directed to record a certified copy of this ordinance with King County, upon
determination by the Public Works Director that the conditions referenced above have
been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City. This vacation shall not become effective until the
conditions contained herein have been fully satisfied, until all fees owed the City have
been paid, and until five working days after the date that this ordinance and all relevant
documents have been recorded with King County Records.
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:
Attachment Exhibit A, Street Vacation South 133rd Street, 3.40.68
G \Docnments and Settings \All Use \D kop\KeUy\MSDATA\Ordinm\South 133rd Street St Vac d«
GL±sn 5/24/2007 Page 2 of 2
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Transportation Committee Minutes Mav 14. 2007— Pace 2
D. Street Vacations for the Link Light Rail Proiect
This is a request is to extend the ordinances for the Sound Transit street vacations. The current
street vacations expired April 30, 2007, and Sound Transit is requesting a one -year extension to
April 30, 2008. There were a total of seven street vacation ordinances relating to the Sound
Transit Link Light Rail Project and ordinances will remain the same except to revise the
expiration date. UNANIMOUS APPROVAL. FORWARD TO COW FOR DISCUSSION.
IIL ANNOUNCEMENTS
No announcements.
IV. MISCELLANEOUS
Jim Morrow distributed a list and map of planned Sound Transit Road Restorations. He will compose
a memo regarding the overlays, rebuilds and complete reconstruction information and disseminate to
each Councilmember. INFORMATION ONLY. NO ACTION REQUIRED.
Jim Morrow also discussed activities of last Friday which included a three -alarm fire near South
150 Street and Military Road, and a sewer main break in front of the Shasta building on Andover
East.
Meeting adjourned at 5:35 p.m.
Next meeting: Tuesday, May 29, 2007 5:00 p.m. Conference Room 1
Committee Chair Approval
Minutes by KAM.
COUNCIL AGENDA SYNOPSIS
s J s ti� Initials ITEMNO.
r 1, (l7 Meeting Date Prepared by Mayor's review 1 _Council review
as .uy• i 0 05/29/07 FI I 4.t f .72
L f
3 Thoa
I
ITEM INFORMATION
CAS NUMBER: 07-068 ORIGINAL AGENDA DATE: MAY 29, 2007
AGENDA ITEM TITLE Proposed Solid Waste Rate Increase
CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other
Mtg Date 05/29/07 Mtg Date Mtg Date Meg Date Mg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S King County Solid Waste Division has proposed to increase the disposal fees charged at the
SUMMARY transfer stations effective January 1, 2008. The rate increase is due to critical renovations
needed to increase efficiency, improve safety and prepare an alternate waste disposal site
upon closure of the Cedar Hills Regional Landfill. Disposal fees will increase from
$82.50 /ton to $95 /ton. This increase will affect Allied Waste rates as well as fees charged
to self haulers at the transfer stations.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DALE: 05/22/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Information only.
CoN IIiTEE Forward to COW for information.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
05/29/07 1
MTG. DATE I ATTACHMENTS
05/29/07 Information Memo dated May 16, 2007
Example of Rates I
Utilities Committee Meeting Minutes from May 22, 2007
INFORMATION MEMO
To: Mayor Mullet
From: tiPublic Works Director`
Date: May 16, 2007
Subject: Pronosed Solid Waste Rate Increase
ISSUE
King County Solid Waste Division has proposed to increase the disposal fees charged at the
transfer stations effective January 1, 2008.
BACKGROUND
The Cedar Hills Regional Landfill is expected to close in 2012. When Cedar Hills reaches
capacity and closes, King County plans to export waste generated by 37 cities to one or more
contracted landfills outside of the County.
Through a collaborative process, the King County Solid Waste Division together with stakeholders
(Metropolitan Solid Waste Management Advisory Committee [MSWMAC], Interjurisdictional
Staff Group [ISTG], Solid Waste Advisory Committee [SWAC], labor union representatives and
commercial solid waste haulers) provided recommendations to the Solid Waste Transfer and Waste
Export System Plan.
The Solid Waste Transfer and Waste Export System Plan identified the need to renovate the
transfer system. Renovations are critical in order to increase efficiency, improve safety and
prepare the system for alternative waste disposal upon closure of Cedar Hills.
DISCUSSION
Six of King County's eight transfer facilities have been operating since the 1960's and have only
been updated to meet regulatory requirements. They are no longer able to efficiently meet the
needs of the commercial haulers and business /residential self haulers who use the facilities.
To accomplish the much needed capital improvements, King County Solid Waste Division has
proposed to increase disposal fees from $82.50 /ton to $95 /ton. If approved by the King County
Council, the rate increase will be effective on January 1, 2008. The Suburban Cities Association
(SCA), SWAC, and MSWMAC have formally submitted letters to the King County Council
expressing their support of the proposed rate increase.
RECOMMENDATION
No action is required. Present to the Utilities Committee for information.
FI:ad
(P:alice \UC 052207 Proposed Solid waste Rare Inaeue)
KING COUNTY SOLID WASTE DIVISION
(RATE INCREASE EXAMPLE)
Current Rates Proposed Rates
$4.29 (Disposal Fee) $5.02
6.63 (Collection Fee) 6.63
32 Gal Container 1.12 (Rental Fee) 1.12
$12.04 $12.77
$8.04 $9.26
64 Gal Container 7.43 7.43
1.40 1.40
$16.87 $18.09
$12.07 $13.89
96 Gal Container 10.23 10.23
1.68 1.68
$23.98 $25.80
1
I
04 I LA i
o rt ''',."5'
:y City of Tukwila
Utilities Committee
1908
UTILITIES COMMITTEE
Meeting Minutes
May 22, 2007- 5:00 p.m.
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffle and Jim Haggerton
Staff: Frank Iriarte, Bob Giberson, Mike Cusick, Gail Labanara and Kimberly Matej
CALL TO ORDER: Committee Chair Hernandez called the meeting to order at 4:57 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Shasta Sanitary Sewer Emeraencv Pipe Repair Emeraencv Declaration Resolution
Staff has identified eroded pipes in a portion of the sanitary sewer located in front of Shasta
Beverages off of Andover Park East. As a result of these damages, staff is seeking Council
approval for an emergency resolution exempting the contract process from competitive
bidding and allowing for immediate repairs of the sewer pipe. The pipe was originally
installed in 1967, and faltered after 40 years of area businesses utilizing chemical and acid in
their technical processes. The replacement piping will be made of materials inert to the
chemicals utilized by these businesses. UNANIMOUS APPROVAL. FORWARD TO
MAY 29 COW FOR DISCUSSION.
B. Shasta Sanitary Sewer Emeraencv Pipe Repair Short Form Construction Contract
Staff is seeking authorization to enter into a short form contract with R.L. Alia Company in
the amount of $35,000 plus WSST for the repair of the subject sanitary sewer. Funds were
not budgeted for this repair. Since the design for another project (Sewer Repair at 14438 59
Avenue South) is scheduled to be completed in- house, the funding for the emergency repair
will be taken from the 2007 CIP design budget originally reserved for the Sewer Repair at
14438 59 Avenue South (see CIP page 117). UNANIMOUS APPROVAL. FORWARD
TO COW FOR DISCUSSION.
C. Proposed King County Solid Waste Increase
Staff originally submitted King County's proposed solid waste increase as information only
to the Committee. After discussion, the Committee recommended the information be
presented to full Council to keep them as well as the general public informed.
Utilities Committee Minutes Mav 22, 2007- Paae 2
In summary, King County Solid Waste Division is proposing an increase in disposal fees
charged at all transfer stations in King County from $82.50 per ton to $95.00 per ton
effective January 1, 2008. This capital improvement is needed in order to renovate transfer
4
stations to meet the needs of commercial haulers once the Cedar Hill Landfill closes in 2012.
Although the increases impact disposal fees at this time, they will also affect residential rates
as well as tipping fees at transfer stations. The proposed increase is a result of the need to
improve the efficiency of the waste system in addition to meeting regulatory requirements.
The last solid waste fee increase was approximately four years ago. FORWARD TO MAY
29 COW FOR FURTHER DISCUSSION.
III. ANNOUNCEMENTS
No announcements.
IV. MISCELLANEOUS
Meeting adjourned at 5:38 p.m.
Next meeting: Tuesday, June 5, 2007 5:00 p.m. Conference Room 1
Committee Chair Approval
Minutes by KAM.
,.NiLa, %s,
COUNCIL AGENDA SYNOPSIS
0�c. \-1\ Itritialr ITEM ND.
tbleetin Date Prepared by Mayor's qview 1 certntqreview
05/29/07 I RS A-A- 1 IAA)
06/04/07 1 RS
1 I 1 1
ITEM INFORMATION
CAS NUMBER: 07-069 ORIGINAL AGENDA DATE: 05/29/07
AGENDA ITEM TITLE Park, Recreation Open Space Plan Consultant Agreement
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 5/29/07 Mtg Date 06/04/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor
Adm Svcs DCD Finance Fire Legal P Police Ply
SPONSOR'S The 2007 CIP project includes the development of the Parks, Recreation Open
SUMMARY Space Plan. The Parks Recreation Director recommends approving the consultant
agreement with the Beckwith Group in the amount of $40,000.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'l'E: 05/15/07
RECOMMENDATIONS:
SPONSOR /ADMEN. Recommends the agreement approval.
COM rrnEE Unanimous Approval; Forward to Committee of the Whole
ICOST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$40,000 $40,000
Fund Source: 301/00.594.760.41.73
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
05/29/07
MTG. DATE ATTACHMENTS
05/29/07 Information Memo from Rick Still dated 5/2/07 to include attachments:
Rating Sheet, Consultant Agreement, Attach. A -Scope of Work, Attach. B -Fee Estimate
Minutes from Community Affairs and Parks Committee meeting of 5/15/07
o Parks and Recreation Department
+)J )gii Bruce Fletcher, Director
MEMORANDUM
TO: Mayor Steve Mullet
Community Affairs and Parks Committee
FROM: C5 Rick Still, Deputy Director of Parks and Recreation
DATE: May 2, 2007
SUBJECT: Park, Recreation Open Space Plan Authorize Consultant Agreement
Project Number 06 -PK -01 MASTERPLAN2007
ISSUE
Select a consultant to provide Park Planning services for the Parks, Recreation Open
Space Plan.
BACKGROUND
The 2001 -2006 Parks, Golf and Open Space Plan was adopted by Resolution Number 1464
on June 18, 2001. Many of the high priority capital items listed in the current plan have been
completed or are currently in process of being completed.
There are two main reasons for a city to have what is commonly called a "Parks Master
Plan First, the Parks Master Plan helps establish the needs in the community, identifies
ways to meet those needs, establishes a 6 -year Capital Improvement Plan and provides the
policy and standards to guide the department for the future. Second, the parks plan, that
meets certain criteria, allows the city to be eligible for local, State, and Federal grants.
The attached April 13, 2007 proposal identifies the desired approach to completing the City's
Parks, Recreation Open Space Plan scope of work. The consultant's scope of work will not
exceed the CIP's $40,000 budget for this project.
ACTION TAKEN
Five firms were short- listed from the City's consultant roster of firms that indicated they
provide expertise in landscape architecture, park design, and park master planning. Three
firms submitted proposal and were rated based on the Park Master Plan Expertise, Creative
Approach to Project, Management Team Qualifications, Ability to Meet Time Line, and
Professional Presentation. The Beckwith Consulting Group was rated with the highest score
and selected as the most qualified (see rating sheet attached).
A draft Scope of Work and Fee Estimate are attached.
RECOMMFNDATIC)N
Approve the selection of the Beckwith Consulting Group, as the Park Planning consultant for
the Parks, Recreation Open Space Plan and authorize the Mayor to execute an agreement
with the Beckwith Consulting .Group in the amount of $40,000.00.
Attachments: Rating Sheet, Consultant Agreement, Scope of Work, Fee Estimate.
cc: City Administrator
Director of Parks Recreation
RATING SBEET
CONSULTANT SELECTION EVALUATION
2007 PARKS, RECREATION OPEN SPACE PLAN
MIG, Inc. Future the Beckwith
Directions, Inc. Consulting Group=
Park Master Plan Experience 23 21 23
25 Points
Creative Approach to Project 17 13 1 8
20 Points
Management Team Qualifications 19 17 19
20 Points
Ability to Meet Time Line 13 20 20
20 Points
Professional Presentation 15 9 15
15 Points
TOTALS 87 80 95
Consultant scoring as listed above, with 100 being the perfect score.
CONSULTANT AGREEMENT FOR
DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after
referred to as the City and THE BECKWITH CONSULTING GROUP. hereinafter referred to
as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
Project Designation. The Consultant is retained by the City to perform PARK
PLANNING services in connection with the project titled PARKS, RECREATION
OPEN SPACE PLAN.
2. Scope of Services. The Consultant agrees to perform the services, identified on
Attachment "A" attached hereto, including the provision of all labor, materials, equipment
and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. The Consultant shall perform all
services and provide all work product required pursuant to this Agreement within 230
calendar days from the date written notice is given to proceed, unless an extension of such
time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on
Attachment "B" attached hereto, provided that the total amount of payment to the
Consultant shall not exceed $40,000.00 without express written modification of the
Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress
of the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three
(3) years after fmal payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection
with the Consultant's endeavors, without further permission from, or compensation to the
City. The Consultant shall not be responsible for any use of the said documents, drawings,
specifications or other materials by the City on any project other than the project specified
in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated
by this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the
performance of this Agreement and as to claims against the City, its officers, agents and
employees, the Consultant expressly waives its immunity under Title 51 of the Revised
Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees
that the obligation to indemnify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Consultant. This
waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employees. To the extent any
of the damages referenced by this paragraph were caused by or resulted from the
concurrent negligence of the City, its agents or employees, this obligation to indemnify,
defend and hold harmless is valid and enforceable only to the extent of the negligence of
the Consultant, its officers, agents and employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance, with a minimum coverage of
$500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per
occurrence/ aggregate for property damage, and professional liability insurance in the
amount of $1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
Park, Recreation Open Space Plan Page 2 of 5
The Beckwith Consulting Group
Park Planning Services
days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the
services provided under this Agreement. The City shall not be responsible for withholding
or otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of
this warrant, the City shall have the right to annul this contract without liability, or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non Waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant. In the case of early termination, the Consultant
shall be entitled to compensation for all work performed up to the termination
effective date, and the City shall promptly process payment within its next normal
accounts payable processing cycle.
Park, Recreation Open Space Plan Page 3 of 5
The Beckwith Consulting Group
Park Planning Services
B. In the event of the death of a member, partner or officer of the Consultant, or any of
its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of this
Agreement between surviving members of the Consultant and the City, if the City so
chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled
to recover its costs, including reasonable attorney's fees, incurred in such suit from the
losing party.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Tom Beckwith
The Beckwith Consulting Group
PO Box 704
LaConner, WA 98257
17. Integrated Agreement. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
Agreement may be amended only by written instrument signed by both the City and the
Consultant.
Attachments:
A. Proposal for Park Planning Services dated April 13, 2007
B. Project Scope of Work/Fee Schedule dated April 13, 2007
Park, Recreation Open Space Plan Page 4 of 5
The Beckwith Consulting Group
Park Planning Services
DATED this day of 20
CITY OF TUKWILA CONSULTANT
By:
Bruce Fletcher, Director
Parks and Recreation Department Printed Name:
Title:
Steven M. Mullet, Mayor
Attest/Authenticated: Approved as to Form:
Jane E. Cantu, CMC, City Clerk Office of the City Attorney
Park, Recreation Open Space Plan Page 5 of 5
The Beckwith Consulting Group
Park Planning Services
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-1-3 April =2007
Proposed approach
1: Conduct workshop
We will conduct a workshop with you, your staff, Park Board, and City Council to review
and strategize about:
a vision concerning the context, scope, and particulars of the plan update,
an assessment of the participants and products that have been achieved by your
park system to date in Tight of the vision statement above, and
identify who and how to involve the public including user and interest groups like
King County, Seattle, SeaTac, Kent, Renton, Tukwila School District, YMCA Boys Girls
Club, and other agencies or facility providers in your planning process.
Webpage we will post the planning process schedule, meeting locations, and other
particulars on a link to your webpage on a continuous basis throughout the project.
Assess supply, demand, and financial conditions
2: Update inventory /opportunities
We will update your inventory of all public and private park facilities within your city
service area. We will compile a summary description of the history, development
condition, improvements program, development capabilities, and any other relevant
features of each property holding and facility that has been developed or could be made
available for public use by you or other providers on owned, leased, or subleased lands.
We will also assess existing and potential lands and properties with characteristics that
may provide you park, open space, and recreation opportunities including:
lands with sensitive environmental conditions or characteristics like stream
corridors and wetlands, steep slopes, and floodplains within the Green River valley,
woodland cover including the quality and condition of your forested areas along
the slopes overlooking the Green River valley,
lands with special social or aesthetic values like historical landmarks, wildlife
habitat, and scenic view sheds and overlooks, and
property owned by other public aaencies including the Tukwila School District,
King County, and private homeowners associations as well as land owners.
We will identify the strategic value of each area and site for open space, wildlife habitat,
woodland cover, and /or passive or active parks and trail developments.
3: Assess maintenance and repair requirements
We will collate known requirements, and inspect and evaluate in detail the current
condition, capability, and use capacity of the following features of your major properties
and facilities as well as sites or properties of opportunity or interest:
ownership including value of land, buildings, and site improvements,
site conditions including topography and soils, ground and surface water, erosion
hazards, and other environmental features,
habitat conditions including existing and suitable woodland, plant, and wildlife
habitat management levels and invasive species assessments,
facility conditions including cyclical maintenance, renovation, repair, and ADA
retrofit requirements of playgrounds, picnic areas, trails, fields, and structures,
capability- including the potential for enlarging, enhancing, or otherwise improving
existing developed and undeveloped properties under your control.
We will identify 6 -20 -year maintenance and repair requirements for your existing park,
recreation, and open space assets.
2
4: Desian /conduct outreach events
User arouv workshovs we will conduct workshop sessions with agencies that sponsor
or provide programs or facilities of interest to your plan. Participants may include the
Tukwila School District, YMCA, Boys Girls Club, as well as the adjacent cities of Seattle,
Renton, SeaTac, Kent, and others you deem appropriate. We will conduct the workshops
as brainstorming sessions where each participant will outline the:
historv- of the agency including mission and objectives within your planning area,
membershiv including age, sex, residence, and service area,
proarams presently provided or sponsored including proposals within your area,
issues of interest to your planning process, and
suaaestions including possible joint venture opportunities with your agency.
The workshops will develop an outline of objectives and issues to be resolved during
your planning process and provide the basis for potential venturing programs or
projects of interest to you later in the process.
Public hand- out /hand -back or mail -back surveys we will design a series of written
questionnaires to be conducted of the general public and your park, recreation, and open
space users as hand out /hand -back or mail -back surveys. The surveys may be distributed
on your webpage and /or with your city newsletter. Boy Scouts, school students, athletic
league participants, and other volunteers may also conduct park user intercept surveys at
indoor and outdoor facilities of interest throughout your service area and of middle and
high school students in your school facilities. The surveys will ask questions about:
user characteristics including place and length of residence, age, household status,
familiarity- with park, recreation, and open space sites and facilities within your
service area including use patterns or frequencies,
reason for usina park or recreational facilities or sites of interest including
comparison of your costs, quality, convenience, and other factors,
level of satisfaction with your existing park and open space areas and facilities
including design, condition, availability, and services, and
desire for specific open space, facility, or service improvements including priorities.
The surveys will provide you an introductory assessment of park, recreation, and open
space conditions, service areas, and reasons for use compared with a later mail
out /phone -back survey of registered city voter households that will provide you an
accurate assessment of proposed program s, open space conservation strategies, park
development projects, priorities, and financial preferences.
The school student surveys will also provide you an evaluation of school student intere sts
as well as their level of involvement (or not) in your and other agency programs to
determine any service gaps as well as kids at risk.
5: Project nark, oven space, and recreation demands
We will project your park, recreation, and open space requirements using a combination
of methodologies we developed for the year 2002 Washington State Statewide
Comprehensive Outdoor Recreation Plan (SCORP) participation models as well as national
recreation industry groups. Our SCORP and industry based participation models and level
of- service (LOS) standards will:
establish use trends- in recreational program enrollments and volumes, in park and
facility utilization rates, and other user statistics maintained by you and park agencies
within your service area to determine each agency's likely market capture rates,
analyze demoaravhic chances in the your service area including estimates of
population by age groups over the next 6 -20 year periods and the impact age specific
trends will have on all agencies facilities and programs,
vroiect recreation demand in park, recreation, and trail activities of interest
including participation rates, frequency, season and weekly occurrence, duration,
turnover, and location based on our SCORP methodologies,
3
establish facility capacity- including the number of participants that can be
accommodated by your existing park facilities per unit of measurement (field, court,
facility square footage, mile of trail) during an average and peak seasonal event,
establish preliminary existina and proposed level -of- service (ELOS /PLOS)
standards and project demand for you and all agencies program, land, and facility
requirement terms using the variables established above,
subtract existing and programmed facilities to determine facility needs,
vroiect the land acauisition, facility desian, construction. and other costs
involved in conserving open space and developing facilities necessary to resolve unmet
demands for each activity category for each increment 6 -20 year forecast for you and all
agencies within your service area.
6: Assess financial conditions /prospects
We will analyze your financial prospects in regard to:
present and probable revenue trends in property tax generated general fund
revenues, park and open space expenditure patterns, capital improvement program
requirements, potential bonded debt capacity, and voter referendum issues,
any supplemental fundina allocations from potential park impact fees, SEPA
mitigation, sales taxes, enterprise accounts, state and federal grants, obligation bonds,
property tax levies, special revenue funds, and concessionaires,
vroaram cost recovery measures including existing and potential user fees, rental
schedules, and other program cost recovery methods based on alternative fair market
value, community benefit, and /or social ethos methodologies, and
applicability of other funding approaches and prospects including development
rights transfer, property tax rate adjustments, conservation easements, life estate
agreements, special use agreements, public /private service contracts, concessionaire
agreements, joint venture developments, self -help contract agreements, and Metro Park
District formation strategies of interest to you and other involved agencies.
7: Review assessments
We will review the inventory, maintenance, surveys, demands, and financial projections
during workshop review sessions with you, your staff, Park Board, and Council. Your
workshop participants will clarify policy issues and define questions to be resolved in
following tasks of work.
Establish goals and strategies
8: Draft aoals and strateaies
We will draft your planning objectives including:
Goals
determination of- your park, recreation, and open space service area(s) of a
neighborhood, city, and area -wide service area, and
your service, oven space preservation, and facility development priorities by
specific park, recreation, and open space activity or service area.
Strategies
your role /resvonsibility options by planning area, program activity, for
preservation, acquisition, development, maintenance, and operations,
your existina and proposed level -of- service (ELOS /PLOS) standards to be
provided park, recreation, and open space conservations and developments along with
specific priorities by site and planning area, and
your fundina strateaies for each activity for each level of service.
9: Select strateav options
We will review the goal statements and strategy options with the results of the demand
and financial assessments during a workshop review session with you, your staff, Park
Board, and Council. Your workshop participants will resolve final goal statements and
select strategy approaches to be used in your plan's development.
4
Develop park, recreation, and open space plan elements
10: Conduct vlannina /desian charrette
We will conduct public charrettes or workshops to develop and discuss preliminary
planning and design solutions with:
you, your staff, Park Board, and Council,
open space, urban forest, and wildlife conservation interest groups,
resource oriented boating and fishing interest groups,
on and off -road trail user groups,
athletic leagues and user organizations, and
aquatic, art, recreation, community, teen, senior, and special population center users.
We will conduct the sessions as brainstorming workshops, where your participants will
jointly create (and we illustrate) as many ideas as possible for every type of plan element
from programs to open space to fields to indoor facilities. We will develop these
workshops without critical evaluations until your participants are satisfied that all
possible ideas have been explored.
We will have your participants evaluate every proposal listing negative and positive
features. Where appropriate, we may refine, expand, or combine proposals as a means of
increasing positive and decreasing negative features. We will then poll your groups to
determine the level of support for each proposal and thereby determine which concepts
we further develop into plan elements.
11: Develop nark, oven space. and recreation elan elements
Based on the results of the charrettes, we will develop holistic 6 -20 -year plans for your
park, recreation, and open space elements to include descriptive programs, illustrative
designs, site plans, cost estimates, and texts of an:
recreational vroaram element identifying your recreational program objectives
and a matrix assigning responsibility for each program offering between you, adjacent
cities, the Tukwila School District, YMCA, Boys Girls Club, and other public, non profit,
or private agency providers within your service area to support leisure and welfare
activities for children, teens, adults, seniors, and special populations.
environmental, woodland. and wildlife habitat element identifying your unique
environmental, ecological, forest, and wildlife habitat conservation or preservation areas
including sites and areas along the hillsides and the Green River.
historical, cultural element- identifying your unique historical and cultural
preservation sites, features and buildings.
resource narks element- identifying your property acquisitions or use agreements
and facility development projects for a system of picnicking, boating, and fishing
activities within your existing parks and possible acquisitions.
trail element identifying corridors, destinations, trailheads, design, and use
standards for a system of on and off -road hiking, biking, water trail, and off -leash dog
park and trail improvements between your parks, public facilities, commercial activities,
and residential and business neighborhoods.
recreational facility element identifying a system of neighborhood and community
developments for skateboard parks and climbing walls, basketball, volleyball and tennis
courts; football, soccer, and baseball fields in your parks, school district properties, or as
leased lands to your current or potential partners.
indoor facilities element identifying multipurpose activity centers for your aquatic
facility and community center as well as gymnasiums, classrooms, meeting rooms, day
care and after school programs, senior centers, and administrative office support to be
provided by you and/or adjacent cities, the Tukwila School District, YMCA, Boys Girls
Club, and /or other agency facilities.
svecial facility ovvortunity element identifying improvements or developments for
your farmers' market, downtown streetscapes, special events spaces, and any other
special activities or facilities of interest.
5
suvvortina facilities maintenance and operations vlan identifying your required
staff, equipment, yards, and buildings necessary to provide supporting park maintenance,
operations, and administration requirements for existing and proposed park facilities.
12: Conduct public forum on vlan options
We will conduct a series of open houses with your user and interest groups, and the
interested public -at- large. We will post the proposals and forum survey questions on your
webpage. We will also create an exhibits booth displaying your plan proposals to be
posted in your Aquatic Center, Community Center, Foster Golf Course, City Hall, and
Schools.
We will distribute a written questionnaire survey to each public participant as they enter
the open house or booth exhibition. The survey will be indexed to the graphic displays
asking the participant their concerns, issues, and particular plan options.
13: Review /select preferred strateav /elan
Based on the results of the forum, you, your staff, Park Board, and Council will select
preferred strategy options and plan elements to include program, conservation area
strategies, facility development proposals, and priorities.
Create implementation °program
14: Create implementation vroaram /CFP
Based on task 13, we will develop a detailed implementation program to include:
interaaencv agreements including draft terms and understandings between you
and any possible joint venture program, conservation property owner, or facility partners,
6 -vear recreation vroaram defining any proposed program activities with
estimated staff, equipment, and other operating requirements for you and any
participating joint venture partners,
6/20 -vear capital facilities proaram (CFP) defining your existing and proposed
level -of- service (ELOS /PLOS) standards with estimated development rights or land
acquisitions, design, development, operation and maintenance costs, and possible
funding sources or methods for you and any joint venture partners,
leaislative nackaae outlining your authorizations necessary to protect sensitive
lands, conserve forest cover, impose park impact fees or set asides, mitigate
development impacts, obtain multiple use land agreements, and other strategies.
15: Desian /conduct mail- out /shone -back survey
We will design and conduct a mail- out /phone -back questionnaire of registered city voter
households about your park, recreation, and open space program, development, and
implementation issues. We will pre qualify by telephone interview a statistically controlled
sample group and will mail background materials and a copy of the survey to each
household within the controlled sample group. The survey will ask questions about:
desires for specific program services including methods of financing,
approvals and vriorities for special site or land conservations and development
project proposals including property acquisitions and illustrative site and building design
concepts for existing or proposed new conservation areas or park facilities,
financina preferences and vriorities including methods and amounts of proposed
property tax adjustments, development rights transfer, general fund allocations, park
impact fees, general obligation bonds, property tax levy rate adjustments, and user fees,
characteristics including length of residence, age, and household status.
16: Select vlans/CFP
We will review implementation program particulars and the survey results during
workshop review sessions with you, your staff, Park Board, and Council. Your workshop
participants will select preferred programs, land preservation sites, capital facility
projects, schedules, revenue sources, impact fees, and other particulars.
6
Review /Adoption process
17: Edit /vublish clans /implementation /CFP /SEPA vroaram documents
We will compile and edit camera -ready copy of the following plan documents:
Website and Powervoint presentations of the executive summary
recommendations and program and plan element proposals,
public brochures with plan and illustrative graphics and implementation particulars
to be used as a future public handout following your plan adoption,
narrative elan document with graphics and binding to include the results of the
inventories, goal and strategy statements, conservation strategies, recreation program,
development plan elements, and capital facility program.
We will provide you copies of all text, tables, and graphics on CDs in formats suitable to
your software requirements (Microsoft Word and Excel, Adobe Acrobat, Powerpoint,
Photoshop, ArcView GIS, or AutoCAD) for you to publish and distribute your park,
recreation, and open space plan documents.
18: Present Mans implementation vroaram /CFP for adoption
You will present and discuss, with our assistance as appropriate, the contents of your
park, recreation, and open space plan, implementation program, and other
recommendations to the Planning Commission and City Council for review and adoption
proceedings in accordance with GMA requirements.
7
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Community Affairs Parks Committee Minutes May 15.2007 Paae 2
The Committee has recommended that staff provide additional information to the full Council so
that the issues at hand are clearly stated and understood in the least cumbersome format. This
information should include:
A concise informational memo that outlines the major changes to the agreement
compared to the original terms
A detailed list of the capital equipment to be retained by the City
A financial statement of how the outcomes of this amendment are anticipated to impact
the Golf Fund
An explanation of currently applicable penalties and leasehold tax as well as payment
plans and penalty reinstatement
Staff should also clarify with legal the best way to implement said changes, as an amended
agreement or as an amendment to the agreement
The Committee is in favor of the proposed changes as explained in this meeting, and is in
agreement with staff that if expectations are not met, consideration of termination may be
necessary. UNANIMOUS APPROVAL. FORWARD TO MAY 29 COW FOR
DISCUSSION.
C. Park and Onen Snace Plan Anreement
Rick explained the need for the Parks and Recreation Department to complete a new Parks,
Recreation and Open Space Plan. A master plan as this serves two general purposes: grant
application eligibility and to develop an action plan to meet the needs identified through a
community needs assessment.
After rating three submitted proposals, staff has selected Beckwith Consulting Group as the most
qualified firm to act as the master consultant for the compilation of a new updated Parks,
Recreation and Open Space Plan. The new Plan is expected to be completed and adopted by
December. The CIP has $40,000 budgeted for this project. Staff is seeking the Committee's
recommendation for authorization to enter into a consultant agreement with Beckwith Consulting
Group.
Bruce stated that the consultant intends to conduct workshops with the community as well as
Council to strategize and review the scope of the Plan. Bruce has also directed the consultant to
produce Tukwila Parks Standards and investigate both commercial and residential impact fees.
After a brief discussion on possible areas of focus for the consultant, the Committee expressed
their support for the importance of continued consideration of open space acquisitions and plans
along the River. The Committee supports staffs recommendation to execute an agreement with
Beckwith Consulting Group. UNANIMOUS APPROVAL. FORWARD TO MAY 29 COW
FOR DISCUSSION.
D. Macadam Winter Garden Bid Award
On May 14, 2007, staff opened two bids for the Macadam Winter Garden project. The lowest bid
was in the amount of $299,650 and the second totaled $483,950. Although the architect's
construction estimate was $180,000, the lowest bid seems fair considering current market status.
This is the third time the Macadam Winter Garden project has gone out to bid. Based on past
experience and increasing construction prices, staff is requesting that Council allocate an
additional $155,600 to the project as well as authorize award of the bid to the lowest bidder.
COUNCIL AGENDA SYNOPSIS
Initialr IT NO.
f
iv
-41 ,t t Meeting Date Prepared by Mayor review C J t"n�s�J review
113 05/29/07 1 RS 1 h J 1 INd�
a `fir. 06/04/07 1 RS
�sos 1
1 I I I
ITEM INFORMATION 1
CAS NUMBER: 07-070 I ORIGNAL AGENDA DATE: 05/29/04
AGENDA ITEM TITLE Bid Award for Macadam Winter Garden
CA I'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 5/29/07 Mtg Date AItg Date Mtg Date Mtg Date 06/04/07 Mtg Date Mtg Date
SPONSOR Council Mayor
Adm Svcs DCD Finance Fire Legal P &R Police PW
SPONSOR'S The 2007 CIP project includes the development of Macadam Winter Garden. The cost
SUND,IARY of park development has increased over the last three years. The Parks Recreation
Director recommends this Bid Award but the project is under funded by $155,508.74.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAI'E: 05/15/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Recommends the Bid Award if funds can be identified
COND. IIIEEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGE FED APPROPRIATION REQUIRED
$382,908.74 $227,400 $155,508.74
Fund Source: 301/00.594.760.41.70
Comments: The Finance Director has identified a possible funding source from the real estate
transfer tax (the first 'A cent from the tax is dedicated to park land acquisition) for the additional
funding.
MTG. DATE RECORD OF COUNCIL ACTION
05/29/07
1 MTG. DATE ATTACHMENTS
05/29/07 Information Memo from Rick Still dated 5/23/07 plus attachments:
Location Map, Design Diagram, Bid Tabulation, Award Recommendation Letter
Minutes from the Community Affairs and Parks Committee meeting of 5/15/07
J ��JILA,
o r 2' Parks and Recreation Department
ate%
ce o Bruce Fletcher, Director
y9p8� MEMORANDUM
TO: Mayor Steve Mullet
Council of the Whole
FROM: C Rick Still, Deputy Director of Parks and Recreation
DATE: May 23, 2007
SUBJECT: Macadam Winter Garden Construction
Project Number 03- PK08- MWG -07
BID AWARD AND APPROPRIATION RECOMMENDATION
ISSUES
1. Appropriate additional funds for this project.
2. Award the bid for construction of the Macadam Winter Garden project.
BACKGROUND
In 2005, Macadam Winter Garden was put out for public bid two times. The first time we
received no bid and the second time we received one bid that was nearly $125,000 over our
budget. The Capital Improvement Program (CIP) budget for Macadam Winter Garden was
borrowed for another project in 2006. It turned out the funds were not expended. The project
was then funded again in the 2007 CIP.
Staff has worked with the project design consultant Johnson Braund Design Group, Inc.
(JDBG) to revise the construction documents. The two major changes include eliminating the
main entry structure and all work in the wetland buffer zone. The architect's construction
estimate is approximately $180,000 plus tax and contingency (approximately $216,000). The
modifications were made to allow the City to obtain bids within our budget. Unfortunately, the
bidding climate is not allowing our project to come in at our estimate.
The Community Affairs and Parks Committee recommendation is for the City Council to
allocate and additional 155,600 to the project as well as authorize award of the bid to the
lowest bidder, L. W. Sundstrom, Inc.
ACTION TAKEN
A Call for Bids was advertised on April 23, 2007 and the bids were opened at 2 PM on May
14 Staff and our landscape architect performed and analysis of the two bids received and a
background check on the apparent low bidder. Please see attached Award Recommendation
Letter.
Macadam Winter Garden Construction
Bid Award and Appropriation Recommendation
May 23, 2007
Page 2
BUDGET AND BID SUMMARY
L. W. Sundstrom Architect's Estimate Budget
Construction (Bid Amount) $348,098.85 $206,361.42
Contingency (10 34,809.89 20,669.22
Remaining 2007 Funds $227,400.00
REET Funds (for Parks) $155.508.74
Total $382.908.74 $227.361.42 $382.908.74
ALTERNATIVE
The Bid Packet includes Alternate 1 for the Entry Structure (and park name sign) that City
Council could choose to not award. This is a $20,000 add alternate which would reduce the
additional funds needed from $155,508.74 to $131,550.74 with tax and contingency.
RECOMMENDATIONS
1. Appropriate an additional $155,508.74 to fund to this project.
2. Award the construction bid to L.W. Sundstrom, Inc. for the development of Macadam
Winter Garden in the amount of $348,098.85 including Alternate 1 and plus WSST; and
authorize a 10% contingency of $34,809.89.
ATTACHMENTS
Location Map
Design
Bid Tabulation
Award Recommendation Letter
cc: City Administrator
Director of Parks Recreation
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MACADAM WINTER GARDEN Bid Open: 5 -14 -07 2PM
Project No. 03- PK08- MWG -07 Bid Tabulation
Item _Apparent L€w
Bidder
No. Item Description L.W. Sandstrom, A -1
Inc. Landscaping Architects Estimate
Construction
IBASE BID 1 1
1 (Mobilization 32,000 1 40,000 6,000
2 Erosion/ Sediment 12,000 7,600
Pollution Control 8,000
3 Street Improvements 1 47,650 1 37,200 30,000
4 Clearing and Grubbing I 17,000 1 30,000 1 14,000
15 Tree Removal I 12,000 9,100 1 11,000
6 Dry Stream Bed 1 28,000 1 15,200 4,000
7 Earth Berm Shaping 22,000 1 41,000 15,000
8 Compacted Gravel Paths 20,000 1 21,200 I 10,000
19 Drainage System 10,000 1 19,200 7,000
10 Planting Room 1 14,000 1 22,100 11,100
11 Planting Room 2 12,000 40,350 11,500
12 Planting Room 3 10,000 1 38,400 13,100
13 Planting Room 4 12,0001 33,200 12,000
14 Planting Room 5 10,0001 12,200 5,000
15 Hydroseeded Turf 5,0001 8,800 3,500
16 Irrigation 25,0001 61,000 14,000
119 Trex Boardwalk 15,0001 43,000 1 10,000
BASE BID 299,650 483,950 184,800
lAlt 1 Entry Structure 20,0001 670001 5000
Total B/4 Tax 319,650.00 550,950.00 189,800.00
8.9% 8.9% 8.9%
Tax 28,448.85 49,034.55 16,892.20
SubTotal 348,098.85 599,984.55 206,692.20
10% 10% 10%
Contingency 34,809.89 59,998.46 20,669.22
Grand Total 382,908.74 659,983.01 227,361.42
Budgeted 227,40 00.` 22- 7,400 00 227,400.00
Amount Over Budget 155,508.74 I 432,583.01 I (38.58)
Total W /Out Alt 1 358,950.74 579,723.71 221,371.92
OR Over Budget 131,550.74 352,323.71 (6,028.08)
Johnson Braund
DESIGN GEOUP, INC.
May 22, 2007
Mr. Rick Still, Deputy Director
City of Tukwila
PARKS AND RECREATION DEPARTMENT
12424 42 Avenue S.
Tukwila, WA 98168
RE: Macadam Winter Garden Our Project 04 -21
Project No. 03- PKOS -MWG-07
Dear Rick,
We have reviewed the projects and references submitted by LW Sundstrom, Inc. for the above referenced
project. All references checked indicated that LW Sundstrom, Inc. has done a good job on their projects.
We are therefore recommending that the City award the project entitled Macadam Winter Garden Project
03- PK08- MWG -07 to LW Sundstrom, Inc. Please call me at (206) 766 -8300 should you have any
questions or require any further information.
Sincerely,
JOHNSON BRAUND DESIGN GROUP, INC.
Michael Brown, ASLA
Director of Landscape Architecture
15200 52nd Avenue South Suite 200 Seattle. Washington 98188
Phone 206.756.8300 Fax 206.765.8080 www.jbdg com
cit #.eetti c La, p €fry et it I hn tip zti
Community Affairs Parks Committee Minutes Mav 15, 2007 Page 2
The Committee has recommended that staff provide additional information to the full Council so
that the issues at hand are clearly stated and understood in the least cumbersome format. This
information should include:
A concise informational memo that outlines the major changes to the agreement
compared to the original tern's
A detailed list of the capital equipment to be retained by the City
A fmancial statement of how the outcomes of this amendment are anticipated to impact
the Golf Fund
An explanation of currently applicable penalties and leasehold tax as well as payment
plans and penalty reinstatement
Staff should also clarify with legal the best way to implement said changes, as an amended
agreement or as an amendment to the agreement
The Committee is in favor of the proposed changes as explained in this meeting, and is in
agreement with staff that if expectations are not met, consideration of termination may be
necessary. UNANIMOUS APPROVAL. FORWARD TO MAY 29 COW FOR
DISCUSSION.
C. Park and Open Space Plan A reement
Rick explained the need for the Parks and Recreation Department to complete a new Parks,
Recreation and Open Space Plan. A master plan as this serves two general purposes: grant
application eligibility and to develop an action plan to meet the needs identified through a
community needs assessment.
After rating three submitted proposals, staff has selected Beckwith Consulting Group as the most
firm to act as the master consultant for the compilation of a new updated Parks
qualified frm
q p p
Recreation and Open Space Plan. The new Plan is expected to be completed and adopted by
December. The CIP has $40,000 budgeted for this project. Staff is seeking the Committee's
recommendation for authorization to enter into a consultant agreement with Beckwith Consulting
Group.
Bruce stated that the consultant intends to conduct workshops with the community as well as
Council to strategize and review the scope of the Plan. Bruce has also directed the consultant to
produce Tukwila Parks Standards and investigate both commercial and residential impact fees.
After a brief discussion on possible areas of focus for the consultant, the Committee expressed
their support for the importance of continued consideration of open space acquisitions and plans
along the River. The Committee supports staffs recommendation to execute an agreement with
Beckwith Consulting Group. UNANIMOUS APPROVAL. FORWARD TO MAY 29 COW
FOR DISCUSSION.
D. Macadam Winter Garden Bid Award
On May 14, 2007, staff opened two bids for the Macadam Winter Garden project. The lowest bid
was in the amount of $299,650 and the second totaled $483,950. Although the architect's
construction estimate was $180,000, the lowest bid seems fair considering current market status.
This is the third time the Macadam Winter Garden project has gone out to bid. Based on past
experience and increasing construction prices, staff is requesting that Council allocate an
additional $155,600 to the project as well as authorize award of the bid to the lowest bidder.
Community Affairs Parks Committee Minutes May 15, 2007 Page 3
The Committee has requested that staff resubmit the memo pertaining to this project to include
detailed information on received bids, identification of appropriate CIP funds and an explanation
of possible real estate excise tax funds that may be applicable to this project. Based on
4,--
information provided in the meeting, the Committee recommends Council consider allocating
approximately $150,000 to this project and authorize the bid award. UNANIMOUS
APPROVAL. FORWARD TO MAY 29 COW FOR DISCUSSION.
E. Parks Division Staff Reorganization
Due to two recent vacancies in the Parks Division of the Parks and Recreation Department, staff
is proposing a minor reorganization. This reorganization would promote two 3 /4 -time employees
to full -time status and create a new 3 /4 -time position (.75 F'I'B). All of these changes would result
in a .25 staffing increase for the Parks Division. A budget appropriation would not be required
for this increase due to a decrease in the extra labor budget as a result of the reorganization. The
Committee agrees that this proposal is an affordable option to increase Parks personnel.
UNANIMOUS APPROVAL FORWARD TO MAY 29 COW FOR DISCUSSION.
M. ANNOUNCEMENTS
IV. MISCELLANEOUS
Meeting adjourned at 6:11 p.m.
Next meeting: Wednesday, May 30, 2007 5:00 p.m. Conference Room 3
P &L- Committee Chair Approval
Minutes by KAM.
ILA 47
COUNCIL AGENDA SYNOPSIS
1 Initial ITEM No.
O' t2
X11,; 1 Meeting Date Prepared by 1 Mayors review 1 C� review 1
05/29/07 I BF 1 4 l 1 tflto 3
06/04/07 1 BF 1 I 1 I.
ITEM INFORMATION
CAS NUMBER: 07-071 I ORIGINAL AGENDA DATE: 5/29/07
AGENDA ITEM TITLE Foster Golf Course Concession Agreement Amendment
CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other
Mtg Date 5/29/07 Mtg Date 06/04/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S In September of 2003, the City entered into a concession agreement with Gordy's of
SUMMARY Tukwila, Inc to provide food services at Foster Golf Links. Gordy's has submitted a request
for a contract amendment that will improve the business model at the Foster Clubhouse.
The two amendment items include transfer of captial ownership and gross receipt
percentage discussion.
REV LEAVED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 5/15/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Recommends to approve the concession amendment
CO ri E Unanimous Approval; Forward to Committee of the Whole
COST IMPACT- LEUNI} SOURCE-=
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$NA
Fund Source:
Comments:
=MTG_ DATE RECORD OF LUU-NCIL ACTION=
05/29/07
MTG. DATE ATTACHMENTS
5/29/07 Information memorandum from Bruce Fletcher dated 5/23/07
Information memorandum from Laurie Anderson dated 5/21/07
Foster Golf Restaurant Concession Agreement AG 03 -123
Foster Golf Restaurant Concession Agreement Amendment A
Minutes from the Community Affairs and Parks Committee meeting of 5/15/07
:la/ 41 City of Tukwt la Steven M. Mullet, Mayor
P Recreation De Bruce Fletcher, Director
190S
NA
MEMORANDUM
TO: Mayor Mullet
Tukwila City Council
FROM: Bruce Fletcher, Director of Parks Recreation iii" V
DATE: May 23, 2007
SUBJECT: Foster Golf Concession Agreement Amendment
In September of 2003, the City entered into a concession agreement with Gordy's of
Tukwila, Inc to provide concessionaire services at Foster Golf Links. The restaurant
opened during the summer of 2004 getting off to a rough start with lower than expected
food service business. The new restaurant was not immediately accepted by the local
golfing community and the entire golf/restaurant business had reduced numbers caused
by the year long construction project.
Since the slow start, Gordy's (now Gordon's on the Green) sales continue to grow each
year and shows financial promise in their updated marketing and business plan.
Gordon's business carried a tremendous amount of back debt that had caused cash
shortages and forced them to obtain high interest loans during their first couple of years.
Gordon has been working with Steele Development on the advice of Eastside
Commercial Bank in efforts to improve the fmancial side of their business.
Gordon has made several requests to the city in order to help his business succeed at
Foster Golf Links. After several meetings that included the Directors of Parks and
Recreation and Director of Finance, we are ready to bring a contract addendum to the
City Council.
Gordon's highest priority request includes transferring the ownership of all capital
equipment to the City. After much thought and discussion, it makes sense for the city to
assume ownership of all itemized kitchen equipment for several reasons. For whatever
reason, if the concessionaire contract was terminated, it would be Gordon's responsibility
to disassemble and remove all kitchen and capital equipment from the restaurant. If the
capital equipment belonged to the city, then a new concessionaire could move in and start
up time would be more immediate.
Gordon has also requested that the restaurant/lounge percentage fees remain at 5% of
gross receipts which has been deemed acceptable to Parks and Finance.
"Creating Community through People, Parks and Programs"
12424 42nd Ave. S. Tukwila, Washington 98168 Phone: 206-768-2822 Fax: 206 768 -0524
With the recommendation to approve these amendments from the Parks and Recreation
Director, it is also a time that Gordy's of Tukwila Inc, must agree to perform to terms or
face possible termination. Gordy's of Tukwila, Inc has an outstanding debt to the city
and an acceptable payment plan is in place. If the contract amendment is approved, the
outstanding debt total will be $151, 932. If the City declines the requested 5% gross
receipt payment, then Gordy's of Tukwila, Inc. will owe an additional $22,000.
Gordon's on the Green's business success is very important to the Foster Golf Links
operations. Even though our partnership got off to a slow start, the restaurant business
continues to improve and Foster's golf rounds are also increasing. We look forward to a
renewed partnership and increased services for our residents, businesses and many
visitors at the Foster Clubhouse and Restaurant.
Cc: Rhonda Berry, City Administrator
Kevin Fuhrer, Finance Director
Peter Beckwith, Assistant City Attorney
�NI1LA 1'li
2 it Tukwila
Atat,( As :fir
fit 6200 Southcenter Boulevard e Tukwila, Washington 98188 Steven M Mullet, Mayor
kk ‘kkk,, 7908
To: Kevin Fuhrer
From: Laurie Anderson
Date: May 21, 2007
Subject: Leasehold Tax
Leasehold Tax Leasehold tax is an excise tax on leases of publicly owned real and
personal property. It is in lieu of property tax. The tax rate is 12.84 The State returns
a portion of this tax to the City (based on a Lengthy formula), which results in the City
receiving $30.53 of every $100.00 of tax remitted within the Cities jurisdiction. For 2006
leasehold taxes returned to the City were $86,164.00.
Example: Lease payment received $100.00
Tax remitted to State 12.84
Of the $12.84 remitted to the State, $3.92 will be returned to the City.
Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 e www.ci.tukwila.wa.us
AG /2:5
FOSTER GOLF COURSE RESTAURANT
CONCESSION AGREEMENT
This agreement "Agreement is entered into by and between the CITY OF TUKWILA, a
municipal corporation of the State of Washington (hereinafter referred to as the "City and
GORDY'S OF TUKWILA, INC., a Washington corporation (hereinafter referred to as
"Concessionaire
WITNESSETH, that in consideration of the mutual promises, covenants and agreement
contained herein, the parties hereby agree as follows:
I CONCESSION RIGHTS GRANTED
The City hereby grants to the Concessionaire for the term and upon the conditions and
provisions contained herein the exclusive restaurant, lounge, snack bar, catering, and
beverage /snack cart concession rights at the Foster Golf Course located at 13500 Interurban
Avenue, Tukwila, Washington, legally described in Exhibit B attached hereto and incorporated
herein by reference. The facilities available to the Concessionaire to carry on all activities
authorized in this Agreement shall be located within the Club House and shall hereinafter be
referred to as the "Concession Areas" and shall include only the Restaurant, Lounge, Kitchen,
Banquet Rooms, Storage, Hallway to Banquet Rooms, Storage, Covered Patio, Patio, Interior Rest
Rooms, Marketing Office, Lobby/Hospitality Area also known as rooms 101, 102, 104, 103, 104,
108, 110, 111, 112, 113, 114, 115, 116, 121,122, 129, 130, and A -3 as shown on the floor plan
attached as Exhibit A attached hereto and incorporated by reference. In addition, the City grants the
Concessionaire the exclusive right to operate a beverage /snack cart on the golf course. City reserves
the right, and Concessionaire acknowledges City's right, for the golf course pro shop to sell drip
coffee, bottled or canned beverages (including water, soda, juices, but not alcoholic beverages),
prepackaged snacks and prepackaged sandwiches incidental to the operation of the pro shop.
The City acknowledges that convenient parking is necessary for the operational and financial
success of the restaurant, lounge, and other food and beverage business to be conducted by
Concessionaire in the Concession Areas. In order to assure that Concessionaire has sufficient
customer parking, City agrees, by signage or other markings, to designate twenty -four (24) spaces
as two -hour (2) restricted parking only. These spaces are provided with intent that the two -hour (2)
restriction will cause golf patrons parking for longer durations, not to utilize these twenty -four
spaces proximate to the Concession Areas main entrance. These spaces are shown on the parking
site plans, are hereby identified as the twenty (20) stall parking section, closest to and just easterly
of the entrance planter in the main parking lot's central section, and the four (4) stalls in the main
parking lot at the north curbline immediately adjacent to the six stalls designated for handicap only
parking. City shall mark these twenty -four spaces, by sign or other markings, with words to the
,effect "2 Hour Parking Only While interacting with patrons, clubhouse staff will encourage
parking restriction compliance by golf patrons.
/St of z
ORIGI\AS
FOSTER GOLF LINKS CLUBHOUSE Page 1 of 30
CONCESSION AGREEMENT
1
II TERM OF CONCESSION AGREEMENT
This agreement shall commence on the first day the restaurant operation is open to the public
(the "Commencement Date and shall expire seven (7) years from the first day of the first calendar
month immediately following the Commencement Date. Provided that Concessionaire is not then in
default of this Agreement, Concessionaire shall have right to further extend the lease for an
additional seven (7) years, provided the city and concessionaire mutually agree upon reasonable
modifications (if any) to those fees and assessments contained in Article III of this agreement, and
further agree upon any facility restorations, improvements, or upgrades that result from the
evaluation of facility conditions, potential improvements or alterations. Notification of the
Concessionaire's intent to exercise provisions for this lease must be issued by the Concessionaire to
the City by formal written notice,; not later than one hundred eighty (180) days prior to the
expiration of the initial term of this Agreement. If the seven (7) year extension is sought, the terms
of this Agreement, or any revisions thereto when mutually agreed to by the City and
Concessionaire, shall apply to the additional seven (7) year period.
III CONCESSION FEES
Concession Fees (defined below in Section III.G.) shall be paid to the City by the
Concessionaire as follows:
A. For the period that concludes December 31, 2004 Concessionaire shall pay the City
the following percentage of the Gross Receipts:
Restaurant /Lounge /Catering/Room Rental:
5% of Gross Receipts up to $2,000,000.00
4% of Gross Receipts above $2,000,000.00
Out Catering 2% of Gross Receipts
B. For the period after the first twelve (12) complete calendar months following the
Commencement Date through termination of the Agreement, Concessionaire shall pay the City the
following percentage of the Gross Receipts:
Restaurant /Lounge: 6% of Gross Receipts up to $1,000,000.00
5% of Gross Receipts above $1,000,000.00
4% of Gross Receipts above $2,000,000.00
Catering /Room Rental 7% of Gross Receipts up to $500,000.00
6% of Gross Receipts above $500,000.00
Out Catering 2% of Gross Receipts
The payments of a percentage of Gross Receipts, as set forth above, are hereinafter referred to as the
"Percentage Fees."
FOSTER GOLF LINKS CLUBHOUSE Page 2 o 30
CONCESSION AGREEMENT
C. In accordance with state law the City is charged a leasehold tax on the Percentage
Fees paid to the City at a rate of 12.84% "Leasehold Tax The Leasehold Tax is in lieu of
payment of property tax and shall be payable to the city by the Concessionaire.
D. The term `Gross Receipts" shall include the total amount in dollars of the actual price
charged, whether for cash or on credit, for all sales by Concessionaire for merchandise, food,
beverages, services, gift or merchandise certificates, rentals, and all other receipts from business
conducted at, in, on, about or from the Concession Areas, but shall not include the following:
(a) sales of gift or merchandise certificates until converted to a sale by redemption on the
Concession Areas; (b) any sums collected and remitted for any retail sales tax, retail excise tax or
general excise tax imposed by any duly constituted governmental authority and separately stated to
and collected from customers; (c) any exchange of goods or merchandise between the stores of
Concessionaire where such exchange of goods or merchandise is made solely for the convenient
operation of the business of Concessionaire; (d) any cash or credit discount, allowance or refund made
upon any sale; (e) any sales of fixtures and equipment which are not a part of Concessionaire's stock in
trade; (f) the sales price of meals provided to employees; (g) the portion of meals provided to
customers pursuant to coupons or other promotional programs or devices (to the extent that
Concessionaire receives no payment therefor or for the coupon or promotional programs or device);
(h) tips or gratuities paid by customers to or for the benefit of Concessionaire's employees which are
retained by Concessionaire's employees; (i) the portion of the receipts from any vending machines or
other coin- or token operated device that Concessionaire must remit to any third party for providing
and/or stocking said machine or device, excluding any vending machines located inside the Pro Shop;
(j) the price charged for sales to purchasers who, by reason of canceled credit cards, bad checks, and
the like, do not pay for the same; (k) interest, service, finance or sales carrying charges applicable to
credit transactions; (1) postage, parcel post freight, express or other delivery charges paid in connection
with any mail order sales; (m) layaways until the sale is completed or the deposit abandoned by the
customer provided any forfeited deposits shall be reported as sales; (n) occasional bulk sales of
inventory, including damaged or aged merchandise to commercial customers or jobbers; and (o)
insurance proceeds for damaged furniture, improvements, fixtures, equipment and merchandise.
E. Concessionaire shall deliver to the City on or before the 15th day of each month
following the first day of operations (1) a written report for the prior calendar month period of all
Gross Receipts from concessions for such period in a form reasonably approved by the City, And
(2) payment of the Percentage Fees for such period calculated in accordance with Section III.A.
above. If the monthly Percentage Fees payment is not received by the 15th of each month, then the
Concessionaire shall pay a late charge of ten percent (10 of the applicable month's Percentage
Fees.
F. Concessionaire shall pay to the City monthly a sum equal to 1 /60 of the City's total
,cost for acquisition of the kitchen equipment listed in Exhibit C attached hereto and incorporated
herein by reference. The City shall furnish concessionaire with a payment schedule. (Note: Such
payment is sometimes referred to hereinafter as the "Equipment Acquisition Reimbursement
Payment Concessionaire shall perform routine maintenance and cleaning and all necessary repair
and replacement of the said equipment during the term of this agreement at Concessionaire's sole
FOSTER GOLF LINKS CLUBHOUSE Page 3 of 30
CONCESSION AGREEMENT
cost. When and if Concessionaire has paid the monthly Equipment Acquisition Reimbursement
Payment obligation set forth in this Section III.E, for a period of five (5) years, the Concessionaire
shall have the right to purchase said Kitchen Equipment from the City by paying to the City 100.00
by check. The first payment by the concessionaire shall be due 45 days after the date the restaurant
is opened for business operations to the public. The range hood, exhaust and makeup air exchange,
and HVAC system (and all equipment in Exhibit C) shall remain the property of the City and not to
be included within the cost of acquisition of the kitchen equipment and monthly payment. The
concessionaire shall provide proof of normal and periodic maintenance for range hood, exhaust and
makeup air exchange, and HVAC system by furnishing within monthly reports copies of servicing
reports and invoices.
G. The Percentage Fees,' Leasehold Tax, and Equipment Acquisition Reimbursement
Payment are referred to collectively as the "Concession Fees." All required payments of
Concession Fees and the monthly Gross Receipt reports shall be delivered to the:
Finance Director
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
IV OPERATIONS AND SERVICE
A. The Concessionaire shall:
1. Provide the number of personnel (in Concessionaire's sole, reasonable judgment) to
adequately manage and staff the Restaurant portion of the Concession Areas. Personnel
shall include a manager, whose principal employment responsibility shall be the
management of this Restaurant and who shall spend a majority of his/her hours in such
management capacity on site at the Restaurant.
2. Prepare the application and assume responsibility for all costs and expenses of the
application and obtaining of a Class H license issued by the Washington State Liquor
Control Board. Concessionaire shall abide by the rules and regulations of the Liquor
Control Board relative to any such licenses. The City shall cooperate in the application
including, without limitation, executing any reasonable, appropriate documents as
"owner" of the Concession Areas that may be required in conjunction with such
application.
3. Provide complete food services, in compliance with all applicable health and food
service regulations, in and from the Restaurant for a minimum of eight (8) consecutive
hours per day during each day of golf course operations, which include most holidays
and all weekends; provided, that limited food service as reasonably approved by the City
may be provided during the period(s) when remodeling and equipment installation is
taking place. Food service shall not be limited at any other time without prior written
FOSTER GOLF LINKS CLUBHOUSE Page 4 of 30
CONCESSION AGREEMENT
approval of the City. The Concessionaire shall determine which actual hours during
each day the Restaurant shall be open.
4. Keep the areas for which the Concessionaire is responsible under this Agreement open
and use them to transact business with the public daily during hours designated by the
Concessionaire. Holidays the Concession Areas may be closed are Christmas Eve,
Christmas Day, New Year's Day, and Thanksgiving Day. Subject to the approval of the
City, the Concessionaire may, upon posting a written notice to the public of not less than
one week, close the restaurant and lounge for a reasonable period of time for repairs or
remodeling as authorized, for taking inventory, or to accommodate construction by the
City of public improvements.
5. Provide necessary advertising to publicize the Restaurant, Lounge and Banquet Rooms
and establish an advertising program acceptable to and approved by the City's Director
of Parks and Recreation Department or designee. The City shall not unreasonably
withhold its approval of an advertising program proposed by the Concessionaire
provided it is in conformance with applicable laws and regulations, is generally accepted
as advertising practices for similar business operations, and reflects community
standards.
B. The facility shall be smoke free with the exception of outdoor Patio and Covered
Patio areas of the Concession Area.
C. The City shall allow the Concessionaire to operate a beverage /snack cart on the golf
course. The cart may serve and sell alcoholic beverages, food items, and sundries.
D. The Concessionaire shall establish all prices for goods and services provided by
Concessionaire in the Concession Areas, subject to the right of the City to periodically review the
price schedules for all food and beverages to ensure competitive pricing with other golf course
concessions.
E. Concessionaire may not subcontract all or any portion of the Restaurant, Lounge or
beverage cart operations.
F. All signs (entry, interior, exterior) and graphics placed upon or affixed to any of the
Concession Areas shall be subject to the prior written approval of the City, which approval shall not
be unreasonably withheld, conditioned or delayed. The Concessionaire shall submit detailed plans
and secure any needed permits /approvals for all exterior and interior signs. In all cases, signage
shall be consistent in size, color, lettering and theme to the clubhouse design and regular park
signage and specifications, and in accordance all governmental regulations.
G. With respect to the entry signage, Concessionaire shall pay any costs which exceeds
the $16,320 amount budgeted by the City for the entry sign.
H. Concessionaire shall use reasonable, good faith efforts to communicate to and
coordinate with golf course management staff all reservations and "private" function activities in the
FOSTER GOLF LINKS CLUBHOUSE Page 5 of 30
CONCESSION AGREEMENT
Concession Areas so as to avoid unreasonable conflicts with golf course events and activities,
particularly when parking limitations exist due to tournaments, demonstrations or other similar
"high use" periods. Concessionaire shall maintain at all times readily accessible, up -to -date
scheduling records associated with the Restaurant and Banquet Rooms.
I. The following shall be excluded from the Concessionaire's operation:
1. Non -food products unless approved by the City;
2. Vending machines unless approved by the City (provided, however, that
Concessionaire shall be allowed to install and maintain one (1) cash machine
in the Concession Areas); and
3. Video games or gambling devices unless approved by the City.
V RELATED RIGHTS
The City shall have the right at any time to establish necessary, reasonable rules and
regulations in the use of the facility, grounds, golf course, and proximate areas provided that the
City shall give thirty (30) days written notice to Concessionaire prior to imposing such rules and
regulation. The rules and regulations may include, but are not limited to, the following:
1. The minimum number of hours that the Restaurant, Lounge, and restrooms are to be open
to the public, provided that in no event shall Concessionaire be required to operate the Restaurant or
Lounge more than eight (8) hours per day.
2. General rules of conduct regarding use of the Restaurant, provided that such rules shall be
consistent with the spirit of this Agreement and the operation of a first -class restaurant operation,
and shall not materially increase Concessionaire's operating costs.
3. The City reserves the right to use the Banquet Rooms for eight (8) events annually, at no
fee to the City for the use of the Banquet Rooms. City shall schedule such Banquet Room events in
writing with Concessionaire not less than thirty (30) days prior to the planned event date. and
scheduling shall be subject to events scheduled by Concessionaire prior to receipt of City's
scheduling notice. City shall be required to use Concessionaire's food and beverage services and
shall pay scheduled prices for any food, beverages or services provided to City during its use of the
Banquet Rooms.
4. The City reserves the right to use the Covered Patio for eight (8) events annually, at no fee
to the City, for the promotion of the men's and women's clubs and course tournament program.
City shall schedule such Covered Patio events in writing with Concessionaire not less than thirty
(30) days prior to the planned event date, and scheduling shall be subject to events scheduled by
,Concessionaire prior to receipt of City's scheduling notice. City shall be required to use
Concessionaire's food and beverage services and shall pay scheduled prices for any food, beverages
or services provided to City during its use of the Covered Patio.
FOSTER GOLF LINKS CLUBHOUSE Page 60f30
CONCESSION AGREEMENT
5. The City reserves the right to use of the Banquet Area and Covered Patio for impromptu
use if no conflicting events are scheduled with Concessionaire for the use of such areas, provided
that City shall give Concessionaire as much advance notice as possible. City shall be required to
use Concessionaire's food and beverage services and shall pay scheduled prices for any food,
beverages or services provided to City during its use of the Banquet Area or Covered Patio.
City shall retain all rights to make improvements to the Club House building to enhance
access or use. Prior to commencing any such improvements, the City shall give the Concessionaire
not less than thirty (30) days prior written notice of the nature and schedule of such improvements
in order for Concessionaire to review and comment on the proposed improvements. The City shall
review and duly consider the comments of the Concessionaire and other relevant information prior
to making a final decision regarding the completion of the improvements. If these additional
improvements increase the cost of the basic liability policy to the Concessionaire, the City shall
reimburse the Concessionaire for any reasonable additional cost. City shall use best efforts to
minimize disruption, construction related dust, and to otherwise not interfere with Concessionaire's
operations in the Concession Areas. The City shall not unreasonably interfere with access to the
Premises by Concessionaire, its employees, vendors, and customers.
VI PRICES AND WEIGHTS
Concessionaire and its employees shall not make or permit any misrepresentation as to kind,
quality, weight or price of food, beverages or merchandise offered for sale, nor refuse to sell the
same, which have been displayed or advertised (except due to unavailability of the particular item or
running out of stock).
VII CUSTODIAN AND SECURITY SERVICES
Concessionaire shall, at all times, keep the Concession Areas in a neat, clean, safe and
sanitary condition, and in compliance with all applicable codes. Concessionaire shall keep the glass
of all windows and doors clean and presentable, furnish all cleaning supplies and materials needed
to operate the Concession Areas in a manner prescribed in this Agreement, and provide all
necessary janitorial services to adequately maintain Concession Areas.
VIII UTILITIES
The City and Concessionaire agree to pay for utility charges consistent with Exhibit "E" of
this agreement. Generally, the concessionaire shall pay all charges for water, sewer, electricity,
Metro utility, natural gas, garbage, and security for the following Concession Areas: the Restaurant,
Lounge, Kitchen, mechanical room (for the Concession Areas), storage area, Banquet Rooms, Patio,
Covered Patio, Interior Rest Rooms, and all sewer, water and garbage. The City's utilities shall
,include Marketing Office, Lobby/Hospitality, hallway to Banquet Rooms, vestibule, pro shop
storage, pro shop, cart storage, exterior rest rooms parking lot, exterior lighting. The Concessionaire
shall install and maintain a private telephone.
IX CAPITAL IMPROVEMENTS
FOSTER GOLF LINKS CLUBHOUSE Page 7of30
CONCESSION AGREEMENT
A. Concessionaire shall, prior to commencing formal planning for any facility
alterations, improvements or construction (interior or exterior), submit to the City's Director of
Parks and Recreation a concept proposal paper including preliminary sketches of such work. If
approved by the Director of Parks and Recreation, the Concessionaire may then submit to the City
in writing, formal plans for alterations, improvements, and construction along with a breakdown of
costs for such improvements.
B. All plans submitted are subject to the approval of the City prior to commencement of
any alteration, improvements or construction. The City agrees to promptly review said plans, and if
the alterations, improvements, and construction are acceptable, to promptly approve the same, and
the plans as approved shall be attached to an executed copy of this Agreement and incorporated
herein.
C. All work performed shall be done to the satisfaction of the City and shall be carried
out in a manner that minimizes impact upon the use of the golf course by the public. Concessionaire
shall be responsible for obtaining all governmental permits and meeting all code requirements and
shall submit copies of the same to the City or its representative prior to commencing any
construction on the Concession Areas.
D. The City may conduct inspections of any capital improvement work at any time to
assure itself that such work is in accordance with the plans approved by the City. In the event any
such work is not according to plans as then approved by the City, shall send a Notice of Non
Compliance to the Concessionaire. In the event the Concessionaire fails to make corrections within
twenty (20) days after the Concessionaire's receipt of such Notice of Non Compliance, the City
may make whatever corrections necessary to bring such work into compliance with the plans as
approved, and shall charge the Concessionaire for all reasonable costs of such corrective work.
E. Concessionaire shall, prior to commencement of any construction work, deposit with
City the amount of TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000) (the
"Concessionaire Deposit in lieu of any other payment and performance bond(s). City shall
deposit the Concessionaire Deposit in an interest bearing account. Provided that Concessionaire has
fulfilled all of its obligations under this Agreement through the Commencement Date, City shall
reimburse to Concessionaire the Concessionaire Deposit, together with interest accrued thereon,
within fifteen (15) days of the Commencement Date.
F. All alterations, improvements, and construction shall become the property of the City
upon termination or expiration of this Agreement and shall be installed solely at the
Concessionaire's expense unless the City expressly agrees in writing to contribute toward the costs
thereof. Notwithstanding any provision to the contrary contained herein, upon termination of this
Agreement, Concessionaire shall have the right to de- identify the Concession Areas by removing all
brand identity elements such as proprietary signage, custom lighting, trade fixtures, and personal
property related to the Concessionaire's restaurant brand. In addition, Concessionaire shall have the
right to remove, without limitation, the items listed in Exhibit D hereto.
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CONCESSION AGREEMENT
r
X MAINTENANCE
A. Concessionaire shall be responsible for all maintenance in the Concession Areas and
shall repair and replace all damage arising out of its use, or the use of its patrons, of the concession
areas, reasonable wear and tear accepted. Maintenance shall include cleaning, refinishing and
painting of the interior of the Concession Areas specifically including the restaurant, lounge,
kitchen, banquet rooms, and interior restrooms and the exterior's covered patio, and patio areas.
B. The City shall maintain the building structure (including roof, structural elements,
exterior walls, doors and windows), foundation, HVAC system (does not include kitchen range
ventilation and exhaust system or the HVAC system serving the Concession Areas), electric power
lighting panels and distribution circuits, plumbing system including plumbing fixtures, provided,
that any damages or repairs which are the result of the Concessionaire's negligent or intentional acts
shall be the responsibility of the Concessionaire. City acknowledges that it is responsible for the
construction and installation of the plumbing system, including the dishwasher drain and any grease
traps. City shall indemnify and hold harmless Concessionaire from any cost or expense associated
with the maintenance, repair, or replacement of the dishwasher drain/plumbing system due to the
City's election to construct the dishwasher drain/plumbing system without a grease trap.
C. The Concessionaire and City shall each have a representative attend meetings as
needed to discuss and resolve any maintenance problems or concerns. The Mayor of Tukwila shall
settle any unresolved problems in a timely and efficient manner within the limits of this Agreement.
XI INSTALLATION OF EQUIPMENT
A. Concessionaire shall, at no expense to the City, install, on or by the date the
Concession Areas are open to the public, the restaurant/lounge furnishings and kitchen equipment
described on Exhibit D attached hereto and incorporated by reference. All such equipment shall
remain the property of the Concessionaire under the conditions and provisions of this Agreement.
XII HAZARDOUS SUBSTANCES
A. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or
dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or
local statute, ordinance, rule, regulation, or other law now or hereafter in affect pertaining to
environmental protection, contamination, or cleanup (collectively, "Environmental Laws
B. Concessionaire shall keep upon the Concession Areas, in a location accessible to
City, on request during normal business hours, copies of all reports regarding hazardous or toxic
materials in the Concession Areas that Concessionaire has provided to any 'governmental agency in
the previous quarter. Concessionaire shall, upon request and at Concessionaire's expense, provide
FOSTER GOLF LINKS CLUBHOUSE Page 9 of 30
CONCESSION AGREEMENT
City with a copy of any such report as to which City requests a copy. In the event of any accident,
spill, or other incident involving hazardous or toxic matter that Concessionaire is required to report
to any governmental agency, Concessionaire shall immediately report the same to the City and
supply City with all information and reports with respect to the same, together with
Concessionaire's clean-up or remediation plan and schedule. If such clean -up or remediation plan is
not acceptable to City in City's sole discretion, City may so notify Concessionaire and, upon 48
hours prior written notice (or without notice if so required by an emergency) may enter on the
Concession Areas to conduct the cleanup or remediation and charge Concessionaire the costs
thereof. All information described herein shall be provided to City regardless of any claim by
Concessionaire that it is confidential or privileged, provided that the City shall not publish or
disclose the information to any third party except as pursuant to Chapter 42.17 RCW.
C. Indemnification: Concessionaire agrees to hold harmless, protect, indemnify, and
defend City from and against any damage, loss, claim, or liability, INCLUDING reasonable
attorney's fees and costs, resulting from Concessionaire's use, disposal, transportation, generation,
and/or sale of any Hazardous Substances. The City agrees to hold harmless, protect, indemnify, and
defend Concessionaire from and against any damage, loss, claim, or liability, including attorney's
fees and costs, resulting from (a) Hazardous Substances existing on the Concession Areas as of the
date of execution of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or
generated on the Concession Areas by the City; or (c) Hazardous Substances used, disposed of, or
generated on the Concession Areas by any third party unrelated to Concessionaire. These
indemnities will survive the termination of this Agreement, whether by expiration of the Term or
otherwise.
D. Risk of Loss: All personal property of any kind or description whatsoever in the
Concession Areas shall be at the Concessionaire's sole risk, and City shall not be liable for any
damage done to, or loss of, such personal property. However, Concessionaire is not responsible for
losses or claims of stolen property during those periods of exclusive use of these areas by the city or
its employees.
XIII TERMINATION
A. The parties may terminate this Agreement at any time by mutual execution of such
written termination agreement as may be negotiated between the parties.
B. The City may terminate this Agreement and take immediate possession of the
Concession Areas in the event that the Concessionaire shall have failed to perform any of the
covenants or conditions of this Agreement and such default or deficiency in performance was not
remedied by the Concessionaire within thirty (30) days after receiving notice in writing stating with
reasonable specificity the nature of the default or deficiency and the City's intention to terminate if
not corrected; provided, however, that in the event of a default or deficiency that is of a nature
requiring more than 30 days to remedy, Concessionaire shall not be in default so long as
Concessionaire undertakes to remedy the default or deficiency within the 30 -day period and
thereafter diligently pursues completion of the remedy.
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CONCESSION AGREEMENT
This paragraph shall not apply where the Concessionaire's failure to perform in a timely manner
was caused by the Concessionaire's inability to secure necessary governmental permits, excluding
licenses from the Washington State Liquor Control Board. The Concessionaire may terminate this
Concession Agreement in the event it is unable to secure the governmental permits necessary to the
use of the Concession Areas proposed herein.
C. In addition, the City may terminate this Agreement and take immediate possession of
the Concession Areas in the event that the Concessionaire shall have been convicted of committing
or engaging in any illegal activity as a part of the concession operations, including the willful failure
to pay all taxes and required fees.
D. In the event that after termination, as provided herein, Concessionaire has not
removed its property and fixtures within the time allowed, the City may, but need not, remove said
personal property and hold it for the owners thereof, or place the same in storage, all at the expense
and risk of the owners thereof, and Concessionaire shall reimburse the City for any expense incurred
by the City in connection with such removal and storage. The City shall have the right to sell such
stored property, without notice to Concessionaire, after it has been stored for a period of thirty (30)
days or more. The proceeds of such sale shall be applied first to the cost of such sale, second to the
payment of the charges for storage, and the third to the payment of any other amounts which may
then be due from Concessionaire to the City, and the balance, if any, shall be paid to the
Concessionaire. Notwithstanding any provision to the contrary contained herein, City's and
Concessionaires rights under this paragraph shall be subject to the applicable laws of the State of
Washington.
E. Upon expiration of the term of this Agreement, Concessionaire shall remove all it
goods, wares and merchandise from the Concession Areas and shall remove any equipment or
fixtures placed therein by Concessionaire pursuant to the terms of any written Agreement providing
for removal by the Concessionaire upon expiration. The Concessionaire shall have twenty (20) days
to complete removal of such property from the Concession Areas. The Concessionaire shall restore
any areas damaged by the installation of fixtures or equipment to the condition of the area before
installation occurred, reasonable wear and tear excepted. No fixtures or improvements or additions
to the Concession Areas shall be removed unless previously agreed in this Agreement or a separate
writing signed by both parties. The City may, but need not, treat any property remaining upon the
Concession Areas after expiration of this Agreement or period for removal of Concessionaire's
property as abandoned by Concessionaire, and may make any disposition of such property as the
City deems fit.
F. Upon termination or expiration of this Agreement, the Concessionaire shall surrender
the Concession Areas to the City in as good condition as at the date of execution of this Agreement,
except for the effects of reasonable wear and tear, alterations and repairs made with the concurrence
of the City, and property damage caused by risks insured against under fire, extended coverage and
vandalism insurance in current practice.
XIV STANDARDS OF CONDUCT
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CONCESSION AGREEMENT
A. Concessionaire recognizes that, although it is operating the concession facilities as an
independent operator for profit, the City's Department of Parks and Recreation is organized and
exists for the purpose of maintaining park and recreation facilities for the use and enjoyment of the
general public. The Concessionaire and its employees will devote their best efforts toward
rendering courteous service to the public as though Concessionaire and its employees were
employees of the City, with a view of adding to the enjoyment of the patrons of this recreational
facility.
B. Concessionaire shall operate and conduct the concessions in the Concession Areas in
a business like manner, and will not permit any acts or conduct on the part of the Concessionaire's
employees that would be detrimental 'to the City's image and operation of the golf course.
C. Concessionaire shall at all times provide sufficient personnel to adequately staff the
Concession Areas. All personnel shall be dressed in neat appearing attire, which shall include a
standard uniform and shirt logo for Concessionaire personnel that shall uniquely identify a
Concessionaire's employee but which shall not in any way infer association with or depict
representation of the City.
XV COMPLIANCE WITH LAWS
The Concessionaire, its officers, employees, and agents shall comply with applicable federal,
state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its
obligations under this Agreement. Such compliance shall include abiding by all applicable federal,
state and local policies to ensure equal employment opportunity based on ability and fitness to all
persons regardless of race, creed, color, national origin, religion, sex, physical handicaps or age. The
Concessionaire shall comply with applicable laws, standards, and regulations pertaining to
employment practices and employee treatment. Conditions of the Federal Occupational Safety and
Health Act of 1970 (OSHA), and the Washington Industrial Safety and Health Act of 1973
(WISHA). Concessionaire agrees to indemnify and hold harmless the City from all damages
assessed for the Concessionaire's failure to comply with the Acts and Standards issued thereunder.
The Concessionaire is also responsible for meeting all pertinent local, state and federal health and
environmental regulations and standards applying to any operation in the performance of this
Agreement.
XVI ACCESS TO BOOKS AND RECORDS
A. The City or its agents shall have the right to examine and inspect the books and
records of the Concessionaire for the purpose of validating Gross Receipts reports. If
Concessionaire conducts business operations at a location outside the Concession Areas,
Concessionaire shall adopt an accounting system to accurately reflect the Gross Receipts and
expenses derived from the Concession Areas to include beverage /snack cart sales. Concessionaire
shall record all Restaurant sales using systems which electronically and/or digitally record and
identify the dates of sales and the types and amounts of each transaction (so- called "point of sale" or
"POS" systems). The electronic and/or digital POS system data files from the restaurant and lounge
FOSTER GOLF LINKS CLUBHOUSE Page 12 of 30
CONCESSION AGREEMENT
areas may be required to be turned in to the City and are also subject to annual on -site inspections.
All electronic and/or digital POS system data files are to be maintained for two (2) years.
B. The Concessionaire shall provide to the City within one hundred five (105) days of
the end of a calendar year, a copy of its State B &O Tax Report for the previous year. No certified
copy of an annual report shall be required. The City shall not pay the Concessionaire for
preparation of any of the financial records or State B &O Tax Report that will be provided to the
City.
XVII PHOTOGRAPHS
Either party shall have the right without liability to the other to make photographs or motion
pictures of the facilities, grounds, golf course, and proximate spaces, activity therein, and/or
displays or exhibits.
XVIII ADDRESSES FOR NOTICES
Except for payments and Gross Receipt reports as directed by Article III.E. above, any
notice required or permitted hereunder must be in writing and will be effective upon the earlier of
personal delivery or three days after being mailed by certified mail, return receipt requested,
addressed to CONCESSIONAIRE or to CITY at the address for that party designated herein. Either
party may specify a different address for notice purposes by written notice to the other. All notices
shall be delivered to the following addresses:
To the City at the following address:
Office of the Mayor
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
And to the Concessionaire at the following address:
Gordon Harris, President
Gordy's Steak BBQ Smokehouse
14303 436 Avenue SE
North Bend, WA 98045
With a copy to:
Jonathan Pearlstein, Esq.
1130 SW 12 Street
North Bend, WA 98045
FOSTER GOLF LINKS CLUBHOUSE Page 13 of 30
CONCESSION AGREEMENT
XIX ASSIGNMENT OF AGREEMENT
The City and Concessionaire each agree to be bound to the other party in respect to all
covenants, agreements, and obligations contained in this contract. Neither party shall assign the
contract in part or as a whole, without the written consent of the other, which consent shall not be
unreasonably withheld, conditioned or delayed. The Concessionaire shall not subcontract any of the
Concession Areas, services, facilities, or equipment, or delegate any of its duties under this
Agreement without the prior written approval of the City, which approval shall not be unreasonably
withheld, conditioned or delayed.
XX EQUALITY OF TREATMENT
A. Concessionaire shall conduct its business in a manner which assures fair, equal and
nondiscriminatory treatment at all times in all respects to all persons without regard to race, color,
religion, sex, age, or national origin. No person shall be refused service, be given discriminatory
treatment, or be denied any privilege, use of facilities or participation in activities on the Concession
Areas on account of race, color, religion, sex, age or national origin.
B. Concessionaire shall not discriminate in employment on the basis of race, color,
national origin, sex, religion, age, marital status, or disability, except for employment actions based
on bona fide occupational qualification.
CitsttA `I
XXI TO OR DEMOLITION OF CONCESSION AREAS
The parties agree that the primary use of the premises is the operation of a golf course.
Secondary to that use is the concession that is the subject to this Agreement. The parties recognize
that some one or more of these uses may be interfered with or prevented because of fire, earthquake,
flood, storm, landslide, act of war, vandalism, theft or other extraordinary casualty.
A. Material Damage. If the Concession Areas are damaged or destroyed by fire
or any casualty which cannot, despite diligent, good faith efforts be repaired or restored within two
hundred seventy (270) days following the date on which such damage occurs, then Concessionaire
may elect to terminate the Agreement effective as of the date of such damage or destruction. Within
thirty (30) days after the date of such damage, the parties shall determine how long the repair and
restoration will take. After that determination has been made, Concessionaire shall have a period of
thirty (30) days to terminate the Agreement by giving written notice to City.
B. Repair After Damage. If Concessionaire does not give notice of
Concessionaire's election to terminate as provided in Section XXI.A. above, then City shall, subject
to the provisions of this Section, immediately commence and diligently pursue to completion the
repair of such damage so that the Concession Areas and the Golf Course Property are restored to a
condition of similar quality, character and utility for Concessionaire's purposes, including
restoration of all items described on Exhi.; 3 nd Exhibi 'sting in the Concession Areas prior
to such damage. Notwithstanding an �•ntaine• a �j. to the contrary, if the Concession
Areas or the Golf Course property is not ired and re *red within 'g days
-�cao Inv v A ?b
FOSTER GOLF LINKS CLUBHOUSE age„liof 30
CONCESSION AGREEMENT
from the date of the damage, Concessionaire may cancel the Agreement at any time before City
completes the repairs and delivers the restored Concession Areas to Concessionaire. If
Concessionaire does not so terminate, City shall continue to restore the Concession Areas.
C. Uninsured Damage. If damage or destruction is caused by a peril not
required to be insured against hereunder and for which insurance proceeds are not available, either
City or Concessionaire may terminate this Agreement by thirty (30) days written notice to the other
of its election so to do and the Agreement shall be deemed to have terminated as of such date unless
the other party agrees in writing to pay for such repairs or restoration.
XXII NO LIENS OR ENCUMBRANCES
It is mutually understood and agreed that the Concessionaire shall have no authority, express
or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in
any manner to bind, the interest of the City in the Concession Areas or to charge the rentals payable
hereunder for any claim in favor of any person dealing with Concessionaire, including those who
may furnish materials or perform labor for any construction or repairs, and each such claim shall
affect and each such lien shall attach to, if at all, only the right and interest granted to
Concessionaire by this Agreement. If any such liens are filed, City may, without waiving its rights
and remedies for breach, and without releasing Concessionaire from its obligations hereunder,
require amount reasonably satisfactory to City or cause
uire Concessionaire to post security in form and y ry
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ty
such liens to be released b y any means City deems proper, including payment in satisfaction of the
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claim giving rise to the lien. Concessionaire shall pay to City upon demand any sum paid by City to
remove the liens. Further, Concessionaire agrees that it will save and hold the City harmless from
any and all loss, cost, or expenses based on or arising out of the asserted claims or liens, against this
Agreement or against the right, title, and interest of the City in the Concession Areas or under the
terms of this Agreement, including reasonable attorney's fees and costs incurred by City in
removing such liens, and in enforcing this paragraph. Additionally, it is mutually understood and
agreed that this paragraph is intended to be a continuing provision applicable to future repairs and
improvements after the initial construction phase.
XXIII INSURANCE
A. Fire, Earthauake. Casualty Insurance: The Concessionaire agrees that, at all times
during the full term of this Agreement and at its own expense, Concessionaire shall, at its sole cost
and expense, maintain in full force and effect adequate fire, earthquake, and other casualty coverage
covering the Concession Areas and its contents, including all personal property, fixtures,
improvements. Such policy shall include a replacement cost endorsement. Concessionaire will, prior
to commencing installations of their supplied equipment at the worksite and before business
operations commence, shall obtain and file with the City's Risk Manager a Certificate of Insurance
evidencing such coverage. All such insurance coverage shall include a thirty -(30) day cancellation
notice to Concessionaire and the City. Adequacy of coverage is defined as insurance sufficient to
restore the Concession Areas to its pre casualty condition.
FOSTER GOLF LINKS CLUBHOUSE Page 15 of 30
CONCESSION AGREEMENT
B. Liability Insurance: Not less than thirty (30) days prior to the date of
Concessionaire's entry onto the Concession Areas, Concessionaire, at its own expense shall obtain
and file with the City's Risk Manager a Certificate of Insurance evidencing commercial general
liability insurance coverage "CGL providing coverage of at least $1,000,000 per occurrence for
bodily injury and $500,000 per occurrence for property damage. This Certificate of Insurance shall
be subject to approval by the City's Risk Manager as to company, terms and coverage, and said
approval shall not be unreasonably withheld. The CGL shall name the City as an additional insured
and must fully protect the City from any and all claims and risks and losses in connection with any
activities or omissions by the Concessionaire by virtue of this Agreement. The CGL policy shall
remain in full force and effect at the Concessionaire's sole expense for liability for property damage
or personal injury that may occur in connection with activities or omissions by the Concessionaire
or its patrons, and provide coverage for the full term of this Agreement. Concessionaire shall insure
that the City's Risk Manager is given thirty (30) calendar days prior written notice, by certified
mail, of any cancellation, lapse, reduction or modification of such insurance. Concessionaire shall
have the right to maintain a deductible level of up to $5,000.00.
C. Release and Waiver of Subrogation: Any policy of insurance carried by either City or
Concessionaire pursuant to any obligation under this Agreement, shall, to the extent available,
contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply to
damages to adjacent property. Notwithstanding any other provision of this Agreement, neither City
nor Concessionaire shall be liable to the other party or to any insurance company (by subrogation or
otherwise) insuring the other party for any loss or damage to any building, structure or tangible
personal property of the other occurring in or about the Concession Areas, even though such loss or
damage might have been occasioned by the negligence of such party, its agents or employees, if
such loss or damage is covered by insurance issued by an insurance carrier authorized or licensed by
the Insurance Commissioner of the State of Washington to issue lines of insurance, benefiting the
party suffering such loss or damage or was required under the terms of this Agreement to be
covered by insurance by the party covering the loss.
XXIV HOLD HARMLESS, INDEMNIFICATION, INDUSTRIAL INSURANCE
A. Hold Harmless Indemnification: Each party hereto agrees to be responsible and
assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents,
or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or
hold the other party harmless against all liability, loss, damages, and expenses, including costs and
attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in
whole or in part, out of or in consequence of the acts or failures to act of the other party, its
employees, its subcontractors, its agents, or its assigns, which arise in any way out of the
performance of this Agreement. In the case of negligence of both the City and the Concessionaire,
any damages allowed shall be levied in proportion to the percentage of negligence attributable to
each party, and each party shall have the right to seek contribution from the other party in
'proportion to the percentage of negligence attributable to the other party.
FOSTER GOLF LINKS CLUBHOUSE Page 16 of 30
CONCESSION AGREEMENT
B. Industrial Insurance: The parties have specifically negotiated Concessionaire's
waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of
Concessionaire's indemnification and hold harmless of the City, including the duty
to defend. This provision shall be inapplicable to the extent such action, claim, or
lawsuit is judicially found to arise solely from the acts or failures to act of the City.
XXV RELATIONSHIP OF PARTIES
A. Concessionaire Independent Contractor Status: The parties intend that an
independent contractor relationship shall be created by this Agreement. Nothing contained herein
shall create the relationship of principal and agent or of partnership or of joint venture between the
parties hereto, and neither the method of computation of consideration nor any other provision
contained herein shall be deemed to create any relationship between the parties hereto other than the
relationship of City as granting a concession to the Concessionaire. Concessionaire has the
experience, ability, and resources to develop and operate restaurant facility and is performing
independent functions and responsibilities within its field of expertise. Concessionaire and its
personnel are independent contractors and not employees of the City. No agent, employee, servant,
or representative of the Concessionaire shall be deemed to be an employee, agent, servant or
representative of the City. Concessionaire and its personnel have no authority to bind the City or to
control the City's employees. As an independent contractor, Concessionaire is responsible for its
own management. The City's administration and enforcement of this Agreement shall not be
deemed an exercise of managerial control over Concessionaire or its personnel.
B. No Third Party Rivhts Created: It is mutually understood and agreed that this
Agreement is solely for the benefit of the PARTIES hereto and gives no right to any other party.
C. No Joint Venture/Partnershin: It is mutually understood and agreed that no joint
venture or partnership formed as a result of this Agreement.
XXVI PERMITS, LICENSES, TAXES AND FEES
A. The Concessionaire shall obtain and at all times maintain a current Tukwila Business
License and shall obtain all Liquor, health, and all other regulatory licenses and permits as may be
required or become necessary, including all construction and building permits, necessary to fulfill
Concessionaire's obligations under this Agreement at Concessionaire's sole expense. Each party
agrees to execute such additional or other documents as may be required to fully implement the
intent of this Agreement.
B. As an independent contractor, the Concessionaire shall be solely responsible for all
taxes, fees and charges incurred, including but not limited to license fees, business and occupation
faxes, workers' compensation and unemployment benefits, all federal, state, regional, county and
local taxes and fees, including income taxes, leaseholder taxes, permit fees, operating fees,
FOSTER GOLF LINKS CLUBHOUSE Page 17 cf 30
CONCESSION AGREEMENT
surcharges of any kind that apply to any and all persons, facilities, property, income, equipment,
materials, supplies or activities related to the Concessionaire's obligations under this Agreement.
XXVII WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that
provision. No waiver of any right or obligation of either party hereto shall be effective unless in
writing, specifying such waiver, executed by the party against whom such waiver is sought to be
enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of
any other right or power.
XXVIII ADVERTISING
Concessionaire shall submit for the City's approval, not to be unreasonably withheld, all
advertisements for commercial vendors related to the concession operation.
XXIX REMEDIES
In addition to all other remedies provided by law, the parties hereto agree that the actual
damages suffered by the City may be difficult to calculate and, in the event of the abandonment of
the premises by Concessionaire or entry by the City because of breach or default by Concessionaire,
Concessionaire shall pay at the City's option to the City 11365t per day of prior year's concession
fee as liquidated damages until the City has obtained a new Concessionaire satisfactory to the City.
For 2004, the rate would be at a pro -rated daily amount. Such liquidated damages, if elected by the
City, shall be in lieu of any other remedy provided by law.
XXX COSTS ATTORNEY'S FEES
In any action brought to enforce any provision of this Agreement, including actions to
recover sums due or for the breach of any covenant or condition of this Agreement, or for the
restitution of the Concession Areas to the City or eviction of the Concessionaire during the term or
after expiration thereof, the substantially prevailing party shall be entitled to recover from the other
party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants,
appraisers, and other professionals, at trial or on appeal, and without resort to suit.
XXXI ARTICLE HEADINGS, GENDER, NUMBER
Article paragraph headings are not to be construed as binding provisions of this concession;
they are for the convenience of the parties only. The masculine, feminine, singular and plural of any
word or words shall be deemed to include and refer to the gender and number appropriate in the
context.
XXXII ENTIRE AGREEMENT
FOSTER GOLF LINKS CLUBHOUSE Page 18 of 30
CONCESSION AGREEMENT
This Agreement and its Exhibits constitutes the entire agreement between the parties, and
the Parties acknowledge that there are no other agreements, written or oral, that have not been set
forth in the text of this Agreement.
XXXIII CHOICE OF LAW VENUE
This Agreement shall be interpreted according to the laws of the State of Washington. Any
judicial action to resolve disputes arising out of this Agreement shall be brought in King County
Superior Court.
XXXIV MODIFICATION
This Agreement may only be modified by written instrument signed by both parties.
XXXV ILLEGAL PROVISIONS SEVERABILITY
Should any part of this Agreement be found void, illegal, or unenforceable, the balance of
the Agreement shall remain in full force and effect.
XXXVI COUNTERPARTS
This Agreement may be executed simultaneously in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
XXXVII RECORDING
Upon the execution of this Agreement the City will cause this Agreement to be recorded
with the land use records of King County, Washington.
(Signatures appear on the following page)
FOSTER GOLF LINKS CLUBHOUSE Page 19 of 30
CONCESSION AGREEMENT
IN WITNESS WHEREOF, this Agreement his been entered. into between the City of
Tukwila and Gordy's of Tukwila, Inc., as of the me S .1 lay of
CONCESSIONAIRE
GORDY'S OF TUKWILA, INC.
a Washington corporation
Go ion Harris, President
CITY OF TUKWILA
a Washington municipal corporation
By:
Steven M. Mullet, Mayor
APPROVED AS TO FORM:
CitS Acey
ATTEST:
(b_c<-12__ -et_iC--e-.e-(-
its{ Clerk
LIST OF EXHIBITS
Exhibit A Architectural Floor Plan with Numerical Identification of Rooms /Spaces
Exhibit B Legal Description of Foster Golf Course Property
Exhibit C Provided by the City in Concessionaire 's Interests
Exhibit D Provided by the Concessionaire
Exhibit E -Rights in Use and Control of Facility Spaces with Apportioning of Utility,
Maintenance, and Custodial Costs
FOSTER GOLF LINKS CLUBHOUSE Page 20 of 30
CONCESSION AGREEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that STEVEN M. MULLET is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath stated
that she was authorized to execute the instrument and acknowledged it as the Mayor of the CITY
OF TUKWILA to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Given under... 411r 4 a »t1,2fficial seal this e ,21 day of A) J 2003.
�'s N F F� t,,
o N�r Type/Print e/Print Name 7/ 0 /�L-
Notary Public in and for the
PUS SI G State of Washington residing at 2C J
I
'�,ly�•.• S 9 0 gi My Commission expires
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STATE OF «AS- .G-TON
ss.
COUNTY OF KING
On this 1 `J” day of aTORtIL 2003, before me personally appeared Gordon Harris, to
me known to be the President of Gordy's of Tukwila, Inc., a Washington corporation, that executed
the within and foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute and in fact executed said instrument on behalf of the
corporation.
Given under my hand and official seal this 13 day of 2003.
Type/Print Name AN-NcitI L. N 7
KENN Notary Public in and for the
.oN State of Washington residin ge r mss,
2 :4
�i My Commission expires L�./ 7-Z 2. 06
co
PUBOG
'1 1 di 7 .22
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FOSTER GOLF LINKS CLUBHOUSE Page 21 of 30
CONCESSION AGREEMENT
EXHIBIT "A"
Architectural Floor Plan with Numerical Identification of Rooms /Spaces
SEE NEXT PAGE
FOSTER GOLF LINKS CLUBHOUSE Page 22 of 30
CONCESSION AGREEMENT
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EXHIBIT "B"
Legal Description of Property
King County Parcel Account Number 000300004900 Record Number 01
Legal Description:
0049 FOSTER STEPHEN DC #38 POR OF DC LY NELY OF PS E RY R/W& NELY ELY
SELY OF FOLG
DESC LN BEG AT NXN OF ELY LN OF PS E RY R/W NLY MGN OF FOSTER ST PROD
ELY THN 49 -11 -08 E 51.59 FT TH
S 75 -02 -50 E TO C/L OF FOS'lER ST PROD ELY TH NELY ALG SDC/L TO BANK OF
GREEN RIVER
FOSTER GOLF LINKS CLUBHOUSE Page 23 of 30
CONCESSION AGREEMENT
EXHIBIT "C"
Provided by the City in the Concessionaire's Interests
Bolded As specified within the project's construction documents, required by the city
pursuant to its construction contract with Wade Perrow Construction, LLC., General
Contractor.
1. Value of entire project 4- phased scope, including but not limited to: staff and legal time
and resources; architect; facility engineering; utility coordination; permits and bidding;
contracting; siting, site preparation; coordination with contractor and construction
administration required by project documents in concessionaire's areas of use;
2. Project management/administrative services provided by the owner's representative
during construction; including the procurement of certain restaurant equipment specified
and contained within Volume 2 of the project manual.
3. Restaurant wood base molding, door, and window casings.
4. Epoxy kitchen flooring.
5. Carpeting.
6. Finished ceilings and soffits
7. Interior paint and wainscot finishes
8. One air curtain at kitchen door
9. Building security and fire alarm hardware systems (security not exceeding $8704 owners
allowance, with consultation)
10. Power, phone, and data infrastructure
11. Standard electrical type j boxes for future connections of music system by others
12. Restaurant booth stubout walls
13. Restaurant exterior walk up service counter
14. Patio and patio lighting
15. Ducts and fans for connection to three concessionaire supplied and installed kitchen
hoods
16. Raised floor for booths
17. Raised floor for breakfast bar
18. Underslab soda sleeves
19. Underslab plumbing
20. Slab floor sinks and drains
21. Backing for restaurant shelving
FOSTER GOLF LINKS CLUBHOUSE Page 24 of 30
CONCESSION AGREEMENT
22.HVAC system and controls for kitchen, restaurant, lounge, (and all other
concessionaire use or joint use areas)
23. Kitchen make up air supply
24. Kitchen ductwork
(Exhibit "C" continued)
25. Roof penetrations and venting, kitchen, restaurant, lounge and all other
26. Smoker slab, shed roof, and installation connections
27. Meeting room data wiring and floorbox connection
28. Meeting room divider /operable partition
29. All water routing and piping
30. General exterior building, grounds, parking lot, and landscape maintenance
31. Shared use benefit of `joint use areas
32. Exterior signage as budgeted by owner not to exceed $16,320
33. General overhead lighting fixtures in restaurant and in all other concessionaire and
joint use spaces;
34. Interior and exterior facility artwork, motif, and decor accessories procured by owner to
the extent provided in areas exclusive of the concessionaire's spaces.
35. Lobby furniture as selected and procured by owner;
36. Grease trap as required for compliance to city code
END
FOSTER GOLF LINKS CLUBHOUSE Page 25 of 30
CONCESSION AGREEMENT
EXHIBIT "D"
Provided by the Concessionaire
1. COSTS OF KITCHEN EQUIPMENT AND INFRASTRUCTURE: Those costs described below
are known and referred to by the parties as kitchen equipment and infrastructure. Capital investment
costs associated with kitchen equipment and infrastructure are of immediate value to the
concessionaire. Though the initial outlay is provided by the city to the concessionaire, the terms
borne within this agreement result in their costs eventually paid by the concessionaire. In no case
will the capital investment by the city in the concessionaire's interests exceed $350.000. The
kitchen equipment purchased/supplied by the city represents the majority of the restaurant's
equipment. In the event that the city's costs in procuring and supplying kitchen equipment and
infrastructure are less than $350,000 the concessionaire may offer the city evidence of kitchen
equipment purchased privately related to this project. All or part of those amounts less than
$350,000, may in negotiation with the concessionaire, be applied against this agreement's
repayment terms and conditions or applied against leaseholder balances the concessionaire assumes.
These terms and conditions must be agreed to once city costs are known, and will require an
addendum to this agreement that must be executed not later than April 1, 2004, unless that date is
extended by the city.
a. KITCIIEN EQUIPMENT: That equipment specified within Volume 2 of the project manual but
excluding the "Smoker" and POS (Point of Sale) system that will be purchased directly by
concessionaire. All other equipment contained in Volume 2 is to be procured by the city in the
concessionaire's interest consistent with the terms of this agreement.
b. CONCESSIONAIRE SPACES INFRASTRUCTURE: Included WITHIN the total $350,000
capital investment provided by the city, the following items and their costs are also attributable to
the concessionaire's interests. These costs may be paid by the concessionaire or applied against the
$350,000 balance.
Item Title 1 Includes Tax
Electrical: Final placement of and electrical connections for restaurant $22,500
equipment specified by the concessionaire and procured by the owner in his behalf
that require hardwire electrical connections.
Fireplace: Owner's provisions within the construction project for contractor $13,556
procurement installation of restaurant fireplace.
FOSTER GOLF LINKS CLUBHOUSE Page 26 of 30
CONCESSION AGREEMENT
Plumbing: Owner's provisions within the construction project for plumbing $28,250
systems to the restaurant and connections of equipment within the construction
project or procured by the owner in concessionaire's behalf.
TOTAL: $64,306
(Exhibit "D" continued)
The amounts contained in the above table represent the owner /architect's good faith estimate of costs
incurred attributable to this infrastructure and are hereby fixed.
2. INTERIOR DESIGN SERVICES ENGINEERING COSTS
a. To achieve interior design coordination in joint use of the facility, the city has contracted for
interior design services through the project architect in the concessionaire's interests. An amount
not to exceed S15,000 has been established by the concessionaire as his limit for interior design
services. The city will, after processing payment applications for architectural services, "re-
invoice"' the concessionaire for those services provided.
b. Design engineering costs have been incurred by the city involving restaurant equipment
mechanical, electrical, and plumbing requirements, loads, methods, and installations. Those
requirements have been bid and incorporated within the project's plans and specifications. They
have been billed by the architect to the city in the amount of $3600.
Costs relating to 2A 2B will be paid directly by the concessionaire upon city invoicing.
3. Additive change order costs incurred by the City relating to restaurant equipment that
are a result of equipment substitutions, alterations, or changes when approved by the
concessionaire; when such changes result in differing connection or design
requirements from that equipment procured by the city in the concessionaire's
interests contained in Volume 2 of the project manual.
4. Wood Smoker (3 R Oiler 700 and components)
5. All cabinetry in restaurant, kitchen, and bar
6. lounge bar and backbar
7. interior and exterior service stations
8. booths seating
9. breakfast bar
10. double acting doors for 104B,C,D;
11. music system
12. CCTV system
13. Satellite video system
14. restaurant point -of -sale system, other computers and peripherals
15. restaurant, banquet, banquet room phones phone related components
16. specialty booth/wall lighting
FOSTER GOLF LINKS CLUBHOUSE Page 27 of 30
CONCESSION AGREEMENT
17. interior signage (matching), as agreed to and paid for in part by owner (costs itemized
per sign apportioned)
18. audio system speakers, PA system in meeting room and /or other concessionaire
areas
19. refrigeration and condensation lines
20. sheet stainless and /or other metal surfacings, backboards, etc.
21. beverage service lines
22. shelving
23. office related hardware, furniture, furnishings and supplies
(Exhibit "D" continued)
24. any and all other cook, dish, food service wares and utensils, tables, chairs, linens
required to provide restaurant services
25. outdoor patio seating and furnishings
26. televisions and other restaurant media to the concessionaires preference;
27. all health, business, and food service compliance permits obtained and maintained
28. installation/hanging of outdoor cooler freezer box compressors
29. All other FF &E not included as within the city's scope but required for a complete
and operating restaurant facility.
30. installation of Food Service Equipment not requiring hard -wired electrical or
plumbing connections
END
FOSTER GOLF LINKS CLUBHOUSE Page 28 of 30
CONCESSION AGREEMENT
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CITY OF TUKWILA
CONTRACT FOR SERVICES
Amendment A
Between the City of Tukwila and Gordy's of Tukwila, Inc.
That portion of Contract No. AG03 -123 between the City of Tukwila and Gordy's of
Tukwila, Inc. is amended as follows:
A) Concession Fees shall be paid to the City of Tukwila by Gordy's of Tukwila, Inc. as
follows:
Restaurant /Lounge: 5% of Gross Receipts
Catering /Room Rental: 5% of Gross Receipts
B) The City shall own all listed food services equipment (see Exhibit F) with the
exception of the J &R 700 Smoker. Concessionaire shall be responsible for all
necessary maintenance, repair and replacement listed in Exhibit F for the life
of the concession agreement.
All other provisions of the contract shall remain in full force and effect.
Dated this day of 2007.
CONTRACTOR CITY OF TUKWILA
Steven M. Mullet, Mayor
ATTEST/ AUTHENTICATED APPROVED AS TO FORM
Jane E. Cantu, CMC, City Clerk City Attorney
Date approved by City Council
(Applicable if contract amount is over $25,000)
NV:\2007 CAS \Gordys Addendum #A -AG03 -123 5- 22- 07.doc
kn 5/23!2007 Page 1 of 1
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i Community Affairs Parks Committee
1ibi
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
May 15, 2007- 5:00 p.m.
PRESENT
Councilmembers: Pam Linder, Chair; Pam Carter and Dennis Robertson
Staff: Bruce Fletcher, Rick Still, Evie Boykan, Dave Hauntz, Kevin Fuhrer and Kimberly Matej
Guests: Jeff Stone
CALL TO ORDER: Committee Chair Linder called the meeting to order at 4:59 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. 2008 Ann lication for Minor Home Repair
Staff is seeking Council authorization and Mayor approval for the 2008 Community
Development Block Grant application. The City's application proposes to continue the Human
Services Minor Home Repair Program, and includes similar programs in both SeaTac and Des
Moines with Tukwila serving as the fiscal agent for all three cities. Incorporation of three cities
into one application makes our request more competitive. Evie explained that this program
predominantly serves the lowest income homeowners, allowing repairs that may not normally be
completed. Additionally, since this program has been taken on in- house, we have been able to
respond to twice as many requests then when the program was outsourced.
Staff is also requesting this issue go directly to the May 21 Regular Council meeting due to a
May 31 application deadline.
UNANIlVIOUS APPROVAL. FORWARD TO MAY 21 REGULAR COUNCIL MEETING.
B. Foster Golf Course Concession Agreement
Bruce gave a brief history of the concessionaire agreement with Gordy's of Tukwila, Inc., and
Jeff Stone, General Manager of Gordon's on the Green, discussed some of the challenges the
restaurant has experienced in gaining momentum in securing a regular consumer base. Since the
....,k— opening of the clubhouse restaurant, Gordy's has experienced some financial setbacks and is
currently in arrears to the City.
Staff desires to maintain a concessionaire presence in the clubhouse as well as to ensure that all
concessionaire financial obligations to the City are met. In order to manage this twofold goal,
staff is seeking Council approval to amend the existing Concession Agreement between the City
and Gordy's of Tukwila, Inc. The amendment proposes to restructure concession fees and have
the City retain ownership of all capital equipment.
Community Affairs Parks Committee Minutes Mav 15. 2007 Paae 2
The Committee has recommended that staff provide additional information to the full Council so
that the issues at hand are clearly stated and understood in the Least cumbersome format. This
information should include:
A concise informational memo that outlines the major changes to the agreement
compared to the original terms
A detailed list of the capital equipment to be retained by the City
A financial statement of how the outcomes of this amendment are anticipated to impact
the Golf Fund
An explanation of currently applicable penalties and leasehold tax as well as payment
plans and penalty reinstatement
Staff should also clarify with legal the best way to implement said changes, as an amended
agreement or as an amendment to the agreement
The Committee is in favor of the proposed changes as explained in this meeting, and is in
agreement with staff that if expectations are not met, consideration of termination may be
necessary. UNANIMOUS APPROVAL. FORWARD TO MAY 29 COW FOR
DISCUSSION.
C. Park and Open Space Plan A reement
Rick explained the need for the Parks and Recreation Department to complete a new Parks,
Recreation and Open Space Plan. A master plan as this serves two general purposes: grant
application eligibility and to develop an action plan to meet the needs identified through a
community needs assessment.
After rating three submitted r 1
g proposals, s, staff has selected Beckwith Consulting Group as the most
qualified firm to act as the master consultant for the compilation of a new updated Parks,
Recreation and Open Space Plan. The new Plan is expected to be completed and adopted by
December. The CIP has $40,000 budgeted for this project. Staff is seeking the Committee's
recommendation for authorization to enter into a consultant agreement with Beckwith Consulting
Group.
Bruce stated that the consultant intends to conduct workshops with the community as well as
Council to strategize and review the scope of the Plan. Bruce has also directed the consultant to
produce Tukwila Parks Standards and investigate both commercial and residential impact fees.
After a brief discussion on possible areas of focus for the consultant, the Committee expressed
their support for the importance of continued consideration of open space acquisitions and plans
along the River. The Committee supports staff's recommendation to execute an agreement with
Beckwith Consulting Group. UNANLIi IOUS APPROVAL. FORWARD TO MAY 29 COW
FOR DISCUSSION.
D. Macadam Winter Garden Bid Award
On May 14, 2007, staff opened two bids for the Macadam Winter Garden project. The lowest bid
was in the amount of $299,650 and the second totaled $483,950. Although the architect's
construction estimate was $180,000, the lowest bid seems fair considering current market status.
This is the third time the Macadam Winter Garden project has gone out to bid. Based on past
experience and increasing construction prices, staff is requesting that Council allocate an
additional $155,600 to the project as well as authorize award of the bid to the lowest bidder.
w, COUNCIL AGENDA SYNOPSIS
J 5� Initialr ITEM NO.
O 42
Meeting Date Prepared by 1 Mayor's review 1 Co cil review
a 1
w s o 05/29/07 I BF 1 1 1
'0?" 1 06/04/07 1 BF
{T EM =INFORM ATION
CAS NUMBER: 07-072
I ORIGINAL AGENDA DATE: 5/29/07
AGENDA I1EMTITLE Parks Division Staff Increase
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 5/29/07 Mtg Date 06/04/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTA
SPONSOR'S The Parks Division has requested a staff increase by .25 (Full Time Employee) FTE. The
SUMMARY proposed increase will enable the division to better utilize current staff and continue with
the high standards of the Tukwila Park System. The funding needed to pay the salary and
benefits would come from the decrease in the extra labor budget. No budget
appropriation is needed.
REVIEWED BY LI COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 5/15/07 CAP 5/21/07 F &S
RECOMMENDATIONS:
SPONSOR /ADMIN. Recommends .25FTE approval
CONDETIEE Unanimous Approval; Forward to Committee of the Whole
-COSIMPAC /FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0
Fund Source:
Comments:
MTG. DATE -ARECOR3 OF=- COU[s1G1L- ACTON
05/29/07 1
=MTG -DATE AT-T-=ACHMENTS
5/29/07 1 Information Memorandum from Bruce Fletcher dated 5/9/07
List of Tukwila parks, trails, playfields and park assignments
1 Minutes from the Community Affairs and Parks Committee meeting of 5/15/07
Minutes from the Finance and Safety Committee meeting of 5/21/07
1
MEMORANDUM
TO: Mayor Mullet
Community Affairs Parks Committee
Finance Safety Committee
FROM: /9 Fletcher, Director of Parks Recreation
DATE: May 9, 2007
SUBJECT: Parks Division
The Parks Division maintains and operates over 150 acres of developed park land, 50
acres of undeveloped park land, an 11 mile regional trail and 13 local foot trails. The
division also takes care of city facility grounds including the Tukwila City Hall, Tukwila
Fire Stations (4), Tukwila Swimming Pool and the Tukwila Community Center as well as
the many gateways and hanging flower baskets.
The Parks Division currently has 7.25 FTE positions that include a Maintenance
Operations Superintendent, a Lead Maintenance Specialist (3) Maintenance Specialists
and (3) 3 /4 time Maintenance Specialists. The Division also employees extra labor help
assisting the maintenance team.
Last month, our 1.0 FTT Maintenance Specialists left Tukwila for a crew leader position
for the City of Federal Way. This vacancy has created an opportunity to suggest some
changes to better serve and maintain our parks system.
Instead of replacing the 1.0 FTE vacancy, it is recommended that we take %2 of that
vacant position and promote our two current .75 FTE positions to full time. Both time
employees have been with our department for nearly 6 years and perfoim outstanding
work. It is also recommended to hire a new 3 /4 FTE position to continue the city's high
park standards. If approval is granted, this would create a .25FTE increase for the Parks
Division (from 7.25 to 7.5). The extra funding to pay the increase (salary and benefits)
would come from the decrease in our extra labor budget determined by our Finance
Director and would not require any budget appropriation.
Cc: Rhonda Berry, City Administrator
co
a
TUKWILA NEIGHBORHOOD cn
PARKS TRAILS PLAYFIELDS m D cn m
m m Z z m r m O (9 W z
C7 CO W G7 W C7 D C(1 Z
T= temporary restrooms o y 51 D 2_ m z m I-
`Scheduling: Softball 253-630-5440, 3 Soccer 206-431-3232 a p O I 0 m 23 m m m c e e v
m 0 m m Cnn C/1 X m —i o o -I -I X
1 Bicentennial Park 6000 Christensen Rd 1.0
Log cabin
2 Cascade View Community Park 14211 37th Ave S 2.0
Gazebo
3 Cecil Moses (King County park) 11013 W Marginal Place S 2.0
Nice lunch spot
4 Codiga Farm Park 12535 50th Place S 3.0 T
Undeveloped future park
5 Crestview Park 16200 42nd Ave S 7.5 T
T -Ball only, maze, lots of open space
6 Crystal Springs Park 15832- 51st Ave S 11.0
Horseshoe pits
7 Duwamish!Green River Trail Along river shoreline 7.8m
Bike path, approximate length 9 miles
8 Duwamish Park 11646 42nd Ave S 3.0 T
Maze
9 Fort Dent Park 6800 Fort Dent Way* 54.0
Private partner Starfire Sports soccer 1 softball
10 Foster Golf Links 13500 Interurban Ave S 67.0
18 -hole golf course and teaching center, restaurant and lounge
11 Foster High School 4242 S 144th Street 18.9
Football soccer stadium
12 57th Avenue South Mini Park 3300 57th Avenue S 0.2
Bench overlooking river
13 Duwamish Riverbend Hill 3800 S 115th Street 9.7
Undeveloped open space
14 Grandview Off -Leash Dog Park S 228th St/Military Rd 37.0 T
By partnership of south county cities, King County S.O.D.A.
15 Hazelnut Park 144.75 59th Avenue S 0.7
Great for small children
16 Ikawa Park 6200 Southcenter Blvd 0.2
Japanese garden with koi pond
17 Interurban Trail 5 180th to Grady Way 3.0m
Bike path, approximate length 2.4 miles
18 Joseph Foster Memorial Park 13919 53rd Ave S 7.0
Something here for everyone
19 Macadam Wetland S 144th/Macadam Rd 10.0
Undeveloped future park
20 River Trail Access Green River Trail at 180th T
Enjoy Tukvrila's trail
21 Riverton Mini Park 4401 S 133rd Street 01
Lunch spot
22 Riverton Park 4101 S 131st Street 4.8 T
Great open playfield
23 Showalter Middle School 4242 S 144th Street 6.0 T
School facility
24 Southgate Park 42nd Ave S S 135th St 5.0
Undeveloped
25 Tukwila Community Center 12424 42nd Avenue S 12.0
Indoor basketball, racquetball, fitness facility, skate park
26 Tukwila Elementary School 5939 S 149th Street 5.0
School facility
27 Tukwila Park 15460 65th Avenue S 6.5
Gazebo, horseshoe pits
28 Tukwila Pond Park 299 Strander Boulevard 24.7
Scenic wetland, educational exhibits
I 18
PARK ASSIGNMENTS
RANDY: Green River trail
Interurban trail
Numbered trails
Tukwila Park
Crestview Park
Gateways
Hanging baskets
Southgate Park
BRIAN: Tukwila Community Center
Cascade View Community Park
Duwamish Park
Fire station 53
Fire station 52/Hazelnut Park
Codiga Farm
Small parks
BRETT: Showalter Middle School
Foster Park/Lee Phillips
Crystal Springs Park
Bicentennial Park
Tukwila Pool
Fire station 51
Fire station 54
TESH: Ft. Dent
City Hall /Ikawa
Riverton Park
Tukwila Pond
Macadam Winter Garden
Community Affairs Parks Committee Minutes May 15. 2007— Pace 3
The Committee has requested that staff resubmit the memo pertaining to this project to include
detailed information on received bids, identification of appropriate CIP funds and an explanation
of possible real estate excise tax funds that may be applicable to this project. Based on
information provided in the meeting, the Committee recommends Council consider allocating
approximately $150,000 to this project and authorize the bid award. UNANIMOUS
APPROVAL. FORWARD TO MAY 29 COW FOR DISCUSSION.
E. Parks Division Staff Reorganization
Due to two recent vacancies in the Parks Division of the Parks and Recreation Department, staff
is proposing a minor reorganization. This reorganization would promote two 3 /4 -time employees
to full -time status and create a new 3 /4 -time position (.75 F1'E). All of these changes would result
in a .25 staffmg increase for the Parks Division. A budget appropriation would not be required
for this increase due to a decrease in the extra labor budget as a result of the reorganization. The
Committee agrees that this proposal is an affordable option to increase Parks personnel.
UNANIMOUS APPROVAL FORWARD TO MAY 29 COW FOR DISCUSSION.
III. ANNOUNCEMENTS
IV. MISCELLANEOUS
Meeting adjourned at 6:11 p.m.
Next meeting: Wednesday, May 30, 2007 5:00 p.m. Conference Room 3
P&L- Committee Chair Approval
Minutes by KAM.
o/ 2.; City of Tukwila
0 o Finance Safety Committee
N 4;D
r`sos
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
May 21, 2007 5:00 p.m.
PRESENT
Councilmembers: Jim Haggerton, Chair; Joan Hernandez and Dennis Robertson
Staff: Rhonda Berry, Lori Sutter, Katherine Kertzman, Bruce Fletcher, Kevin Fuhrer,
Christy O'Flaherty and Kimberly Matej
CALL TO ORDER: Committee Chair Haggerton called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Authorize Mayor to Sian Contract with Museum of Flight for Marketing through Seattle Southside
Katherine briefly described the specifications of the contract with the Museum of Flight which
will offer additional marketing opportunities as well as ensure that all group leads are forwarded
to the Seattle Southside Visitors Services (SSVS) rather than other entities. This contract
commences after nearly three years of discussion and designates $25,000 annually of Tourism
and Marketing funds for the next 10 years.
Katherine explained that contract was signed prior to coming to Committee and Council because
the annual amount did not exceed $25,000; however, due to the multi -year terms of the contract
the City attorney recommended securing Council approval. If the Council has any concerns with
the contract, SSVS will modify or nullify the contract as necessary.
Funds have been allocated in the 2007 budget to enter into this contract. SeaTac also contributes
$25,000 annually to the Museum of Flight for these services. Katherine was complemented on
her negotiation of the conditions of the contract. The Committee feels the contract is beneficial to
the City and recommends the contract be brought to full Council for discussion. UNANIMOUS
APPROVAL. FORWARD TO MAY 29 COW.
B. Parks Recreation Department Staff Reorganization
Due to two recent vacancies in the Parks Division of the Parks and Recreation Department, staff
is proposing a minor reorganization. This reorganization would promote two 3 /4 -time employees
to full -time status and create a new 3 /4 -time position (.75 FTE). All of these changes would result
in a .25 staffing increase for the Parks Division. A budget appropriation would not be required
for this increase due to a decrease in the extra labor budget as a result of the reorganization. Staff
also presented this reorganization to the Community Affairs and Parks Committee on May 15,
2007; that Committee recommended approval and forwarding to the COW. UNANIMOUS
APPROVAL. FORWARD TO MAY 29 COW.
Tentative Agenda Schedule
MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
May 7 14 21 29 (Tuesday)
28th
Memorial Day See agenda packet
(City offices closed) cover sheet for this
week's agenda
(Mmj 29, 2007
Committee of the Whale
meeting).
June 4 11 18 25
Bid Award: Public Hearine: Special Presentation:
Macadam Winter Garden Transportation Centennial event
Unfinished Business: Improvement planning.
Authorize Mayor to Program for Katherine Kertznzan and
sign a contract with the 2008 -2013 Tracy Gallaway
Museum of Flight for SvEdal Issues: Unfinished Business:
marketing to visitors Tukwila Intl. Blvd. Tukwila Int'L Blvd.
from out of the region pies 28:3 Phases 2 3
through Seattle Improvements Improvements
Southside
right of way/ right of way/
Tukwila Urban Center condemnation condemnation
Signal Interconnect ordinance ordinance
ITS Project consultant
supplemental
agreement
Sanitary Sewer
Emergency Pipe
Repair: Emergency
declaration resolution
Sanitary Sewer
Emergency Pipe
Repair: Short form
construction contract
Street vacations for the
Link Light Rail project
Park and Open Space
Plan agreement
Foster Golf Course
concession agreement
Parks Division staff
reorganization
Tukwila Village update
(Ron Sher, Metrovatimn)
New Business:
Surplus of City owned
property on
South 180th St
July 2 9 16 23
4th
Independence Day
(City offices closed) CONLMITTEE OF THE
30"' WHOLE MEETING TO BE
Fifth Monday of the FOLLOWED BY A SPECIAL
month— no Council MATING
meeting scheduled
Upcoming Meetings Events
MAY JUNE 2007
28th (Monday) 29th (Tuesday) 30th (Wednesday) 31st (Thursday) 1st (Friday) 2nd (Saturday)
Transportation Community
Memorial Day Cmte, Affairs Parks
City offices dosed 5:00 PM Cmte,
(CR #l) 5: 00 PM
(CR 43)
➢City Council
i Committee of the
Whole Mtg.,
7:00 PM v=z Court
(Council
Special ceremonies Chambers)
and activities in
honor of Memorial
Day at the Museum
of Flight Visit
www.museumof
flightorg for more
information (or call
206 764 5720).
4th (Monday) 5th (Tuesday) 6th (Wednesday) 7th (Thursday) 8th (Friday) 9th (Saturday)
Finance Safety Chamber of Sster City Cmtc, Equity Human Services
Cmte, Commerce Gov't. RESCHEDULED Diversity Advisory
5:00 PM Community FOR JUNE 13TH Commission Board,
(CR 43) Affairs Cmte., 5:00 PM 10:00 AM
12:00 NOON (Showalter (Human
City Council (Chamber Office) Middle School Services office)
Regular Mtg., Library)
7:00 PM Arts Commission,
(Council 5:00 PM
Chambers) (Community
Center)
Court
Utilities Cmte,
5:00 PM
(CR 41)
Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burns at 206 -431 -2197
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.
r Civil Service Commission: 2nd Mon., 5 :00 PM, Conf. Room 43. Contact Bev Willison at 206- 433 -1844.
Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 43. Agenda items for 5 /30/07 meeting
(A) 2006 State Building Code. (B) Tukwila Community Center rental fees. (C) County-wide planning policies.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm 45. Police Dept. at 206- 433 -7175.
Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room 45. Contact Police Department at 206- 433 -7175.
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 45. Contact Evie Boykan or Stacy Hansen at 206 -433 -7180.
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 43.
>Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812.
>Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206- 433 -7180.
Human Services Providers: Quarterly, 11:30 AM, TCC (2007 3/16, 6/21, 9/21, and 12/7). Contact Stacy Hansen at 206- 433 -7181.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Bruce Fletcher at 206- 767 -2343
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertsman at 206 -575 -2489.
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 43. Contact Bev Willison at 206- 433 -1844.
Transportation Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 41. Agenda items for 5/29/07 meeting: (A) Six year Transpor-
tation Improvement Program (2008 2013). (B) 2006 Overlay and Repair Program project completion and acceptance. (C) Tukwila
International Blvd Phase 1 Final Clean -up bid rejection. (D) Concurrency modeling. (E) Tukwila Transit Center grant application.
Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 41.
Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).