HomeMy WebLinkAboutCOW 2007-01-22 COMPLETE AGENDA PACKET Jw���wq Tukwila City Council Agenda
'a= Z• COMMITTEE OF THE WHOLE
y
ti i b�— Steven M. Mullet Mayor Councilmembers: Joe Duffie Joan Hernandez
P a Rhonda Berry, City Administrator Pam Carter Jim Haggerton
1908 Verna Griffin, Council President Pamela Linder Dennis Robertson
To be followed by a Special Meeting.
Monday, January 22, 2007; 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL Annual Arts Commission update;
PRESENTATIONS Cynthia Chesak, Arts Commission.
Windstorm After Action Report;
Jim Morrow, Public Works Director.
3. 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.
4. SPECIAL a. Ordinance clarifying Zoning Code language regarding Pg. 3
ISSUES development of substandard lots within the City.
b. Ordinance regarding alcoholic beverage control /enforcement. Pg.11
c. Ordinance repealing Ordinance No. 1973 regarding Pg.21
Curfew for Minors.
d. Southcenter Boulevard Water Main bid award. Pg.29
e. Southcenter Boulevard Water Main Construction Management Pg.39
Services.
5. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURN TO SPECIAL MEETING
SPECIAL MEETING
Ord 2151 Res #1624
1. CALL TO ORDER ROLL CALL
2. CONSENT Approval of vouchers.
AGENDA
3. ADJOURNMENT
Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice
to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate
formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
ITEM NO.
Q p1t, 1 Meeting Date Prepared by-A 1 Mayor's t view Council review 1
;1 ,t ;z 1 01/22/07 I SL
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ITEM INFORMATION
CAS NUMBER: 07-009 I ORIGINAL AGENDA DALE: 1 22/ 07
AGENDA ITEM TITLE Substandard Lots
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 1/22/07 Mtg Date Mtg Date Mtg Date Ditg Date Ritg Date Mtg Date
SPONSOR Council Mgyor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S Clarification of zoning code language regarding development of "substandard Tots" within
SUMMARY the City.
REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: CAP 1/9/07
RECOMMENDATIONS:
SPONSOR /ADMMI. Forward to Planning Commission
COMilTI•hE Forward to Planning Commission
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments: N/A
MTG. DATE I RECORD OF COUNCIL ACTION
MTG. DATE J ATTACHMENTS
01/22/07 Memo from DCD, dated January 10, 2007
01/22/07 Minutes from 1/9/07 CAP meeting.
1 A
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1411. Ci�y l �ki,vil Steven M. Mullet, Mayor
w to Department of Community Development Steve Lancaster, Director
1908
TO: Mayor
Committee of the Whole
FROM Steve Lancaster, Director
Brandon Miles, Assistant Planner
RE: Clarification of "Buildable Lots"
DATE: January 10, 2007
ISSUE
Clarification of code language regarding development of substandard lots.
BACKGROUND
In 1995, the City Council established the minimum lot size for the Low Density
Residential (LDR) district at 6,500 square feet. For several years thereafter, the City
allowed any legally created LDR lot to be developed with one single family dwelling,
even if the lot was smaller than 6,500 square feet. This led to concern regarding a
proliferation of new residences on lots as small as 2500 -3000 square feet.
In 2005 the City adopted Ordinance 2097 which modified the development requirements
for building on such substandard lots. Modified language was added in Tukwila
Municipal Code (TMC) 18.70.030. The intent and effect of the modified language was
as follows:
1. In order to be developable, a lot must meet all basic development standards with
the exception of average lot width.
2. If a lot cannot meet basic development standards it must be combined with
adjacent lots.
3. In rare situations an individual may seek a variance to basic development
standards.
Recently, the language included in Ordinance 2097 to accomplish this intent (codified at
TMC 18.70.030) has been called into question. It has been alleged that the language is
contradictory and unclear. In order to erase any doubt regarding the intent and effect of
Q:\Lots \COW\COW Memo.doc
7,;..... D,...o 1 ..F A
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665
this language, staff recommended and the City Council approved a temporary
moratorium on the development of substandard lots, to allow the City to reaffirm its
intention and clarify the code language. A public hearing on the moratorium was
conducted on January 16, 2007.
ANALYSIS
The development of substandard lots is currently regulated as follows:
18.70.030 Substandard Lots
A. A lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional
standards for the zone in which it is located may still be developed as a separate lot if
the proposed use is one which is permitted in the zone and the proposed development
can comply with the requirements of this title regarding basic development standards
for the applicable zone and other applicable land use and environmental requirements.
B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development
standards for the applicable zone and other applicable land use and environmental
requirements may be developed only if it is combined with adjacent lot(s) in a manner
which allows the combined lots to be developed in a manner which does comply with
the basic development standards for the applicable zone and other applicable land use
and environmental requirements. In the event lots are combined in order to comply with
the requirements of this subsection, a boundary line adjustment shall occur so that the
combined lots are henceforth considered a single lot.
C. Nothing in this subsection shall be deemed to prevent the owner of a sub standard
lot from applying for or receiving approval of variances pursuant to TMC Chapter
18.72.
Confusion has been expressed regarding use of the term "minimum dimensional
standards." The term is not defined or referenced elsewhere within the Zoning Code.
Staff has interpreted the term "minimum dimensional standards" to mean the "minimum
average lot width" standard included in the code's Basic Development Standards tables,
because this is the only lot standard that is expressed as a dimension.' This interpretation
is consistent with the rules of statutory construction and is also consistent with our
understanding of City Council intent related to the adoption of substandard lot
requirements under Ordinance 2097.
STAFF'S RECOMMENDATION
Clarifvina Amendment
In order to avoid confusion in the future, staff recommends the following modification of
the language found at TMC 18.70.030 (presented in strikethrough underline format).
I Several dictionaries were consulted to confirm the meaning of the word "dimension." These sources
consistently define the term as a measurement of size in a specific direction, such as length, width or
height.
Q:\Lots \COW\COW Memo.doc
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18.70.030 Substandard Lots
A. A lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional
standard) standard average lot width for the zone in which it is located may still be
developed as a separate lot if the proposed use is one which is permitted in the zone and
the proposed development can comply with the remaining requirements of this title
regarding basic development standards for the applicable zone and other applicable
land use and environmental requirements.
B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development
standards (other than lot width) for the applicable zone and other applicable land use
and environmental requirements may be developed only if it is combined with adjacent
lot(s) in a manner which allows the combined lots to be developed in a manner which
does comply with the basic development standards for the applicable zone and other
applicable land use and environmental requirements. In the event lots are combined in
order to comply with the requirements of this subsection, a boundary line adjustment
shall occur so that the combined lots are henceforth considered a single lot.
C. Nothing in this subsection shall be deemed to prevent the owner of a sub standard
lot from applying for or receiving approval of variances pursuant to TMC Chapter
18.72.
The effect of this amendment would be to reconfirm and make clear that:
1. A lot meeting all Zoning Code requirements except for the minimum width
standard may be developed.
2. A lot not able to meet other Zoning Code requirements (e.g., lot area, setbacks)
may be developed if combined with other property so that it will meet these
requirements, or if the owner is able to obtain a variance.
ALTERNATIVES
Modified Regulation of Substandard Lots
The City Council could take this opportunity to modify the way that substandard lots are
regulated.
Modified Development Standards
The City Council could take this opportunity to modify development standards
(minimum lot size, setback requirements, design standards, etc) to allow smaller lot
development.
If the Council wishes to pursue one of the two alternatives it would require additional
time and would likely require extension of the moratorium, and is not recommended at
this time. In the event Council is interested in looking at options for smaller lot
Q:\Lots \COW\COW Memo.doc
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development, staff recommends adoption of the proposed "clarifying amendment" as a
first step.
No Action
The City Council could choose to take no action at this time. Staff would continue to
interpret the Zoning Code as we have since Ordinance 2097 was adopted. This could
lead to continued confusion and dispute over the effect of Ordinance 2097, and is not
recommended.
NEXT STEP
Staff recommends that the Committee forward the proposed clarifying amendment,
above, to the Planning Commission for consideration. Under this recommendation, the
following next steps would be expected:
January 25, 2007: Planning Commission public hearing /recommendation on
proposed clarifying amendment.
February 5, 2007: City Council Public Hearing
City Council decision (end of moratorium).
Q:\Lots \COW\COW Memo.doc
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Minutes January 9, 2007 2
Community Affairs Parks Committee
Mr. Robertson noted that there would one caseworker for every 12 residents. Ms. Blanchard
reviewed the types of services that would be provided based on individual resident needs (mental
health services, supportive employment and chemical dependency services). Ms. Blanchard
clarified that caseworker to resident ratio would range from 1 -12 to 1 -40 depending on the needs
of each resident. Mr. Robertson asked how the facility would be managed. Ms. Blanchard noted
that together LIHI and SMH would provide on -site management and 24 hour clinical services.
Ms. Linder asked for an additional information to be provided to council: a description of
projects undertaken by Housing First, eligibility requirements and how residents would be
screened, defmition of the city's commitment (e.g., total amount, in -kind commitments, span for
payment), and identify number of units set aside for resident and those for services. She offered
to review the packet of information prior to submittal to council. Forward to Committee of the
Whole for discussion.
B. Clarification of "buildable lots" and Zoning Code amendments
Mr. Lancaster noted that in 1995 the City established the minimum lot size for low density
residential (LDR) district at 6,500 sq. ft. for single family dwelling. To clarify the intent and
effect of "substandard lots," from August 2005, a moratorium was imposed in order to allow the
city an opportunity to reaffirm its intention and clarify the code. Mr. Lancaster pointed out that
there has been more development in Allentown as a result of sewers being installed. There are
many lots which are 2,500 -3,000 sq. ft that were platted and recorded. Mr. Lancaster continued
and stated that at the January 16 regular council meeting, a public hearing will be held on the
moratorium. Then, a process will begin to clarify the amendment to the ordinance. He discussed
the proposed changes, striking "dimensional standards" and inserting "average lot width
standard." He noted that an owner of a substandard lot can apply for a variance. He reviewed
the other proposed changes. Ms. Carter suggested using "standard for average lot width" rather
than "average lot width standard." Forward to January 16 regular meeting for public
hearing.
Adjournment: 7:00 p.m.
r
y Committee Chair Approval
Minutes by DJ. Reviewed by RB, EB, and SL.
COUNCIL AGENDA SiwoPsis
=4 `�'y', Initials ITEM NO.
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f t, i 1 f+� Mlleeting Date 1 Prepared by I Mayor's, review C review
n/ i 01/22/07 I PO I I LClt
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130B I I I I I 3
ITEM1NFORMATION
CAS NUMBER: 07-010 I ORIGINAL AGENDA DATE: 1/22/07
AGENDA ITEM TITLE An Ordinance regarding Alcoholic Beverage Control /Enforcement Ordinance
CATEGORY /1 Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 1/22/07 Mtg Date Mtg Date Mtg Date 2/5/07 Mtg Date Mtg Date Mtg Date
1 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S The current TMC is not in compliance with state law. TMC 8.30.010 should be amended
SUMMARY and TMC 8.30.030 repealed in order for the TMC to mirror state language.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Z'E: 1/16/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Adoption of Ordinance to amend current TMC
COM1{I1IEE Unanimous approval to amend TMC
COS AMPAC I-_FUND SOURCE:
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
-0- -0- -0-
Fund Source: N/A
Comments:
=MTG.-DATE 17:=== -RECORD COUNCIL-ACTION
1/22/07 1
I I
1
-MTGDATE ATTACHMENTS
1/22/07 Memo from Peter Beckwith dated 12/28/06 to the F S Cmte
Strike through and final draft of new ordinance
Finance Safety Committee minutes dated 1/16/07
KENYON DISEND, PLLC
THE MU'N'ICIPAL LA TV FIR1v1
MICHAEL R. KENYON 11 FRONT STREET SOUTH LACEY L. MADCHE
BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH
SANDRA S. MEADOWCROFT WIVW•KENYONDISEND.COM THOMAS J. GUILFOIL
(425) 392 -7090 (206) 628 -9059 RENEE G. WALLS
SHELLEY M. KERSLAKE FAX 392 -7071
CHRIS D. BACHA FAX 425) JOSEPH B. LEVAN
KARI L. SAND
HEIDI L. BROSIUS INFORMATION MEMO MONICA A. BUCK
KERRI A. JORGENSEN KATHRYN J. HARDY
To: Finance and Safety Committee
From: Peter Beckwith, Assistant City Attorney
Date: December 28, 2006
Re: Alcoholic Beverage Control/Enforcement
ISSUE
Whether the City should amend TMC 8.03.010 relating to Alcoholic Beverage Control and
Enforcement.
BACKGROUND
TMC 8.30.010 and .030 are currently not in compliance with state law. To come into
compliance, TMC 8.30.010 should be amended and TMC 8.30.030 should be repealed.
DISCUSSION
This is a house keeping matter. Currently TMC 8.30.030 makes an open container violation a
misdemeanor punishable by jail and fines. This is contrary to RCW 66.44.100, which makes an
open container violation a civil infraction.
The City Attorney's Office is proposing the repeal of TMC 8.30.030 and the adoption of RCW
66.44.100 by reference. This will be codified at TMC 8.30.010. This change would allow the
Police Department and the Prosecutor to appropriately handle these types of cases.
In reviewing TMC 8.30.010 a few minor edits were made to mirror the language in RCW 66.44.
RCW 66.44.291, as referenced in TMC 8.30.010, has been repealed, thus, this section was
modified to reflect this change.
RECOMMENDATION
Approval of ordinance.
Attachments: Proposed ordinance and ordinance in track change.
G:\City Attomey\PETER\Police \MEMO Open Conainer Info.doc4P./ 2/28/06
JERVING WASHINGTON CITIES SINCE 1993
CITY OF TUKVVILA
WASHIl\TGTON
ORJ NANCE NO. 0
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING TUKWILA MUNICIPAL
CODE SECTION 8.03.030; AMENDING TUKWILA
MUNICIPAL CODE SECTION 8.03.010 RELATING TO
ALCOHOLIC BEVERAGE CONTROL AND
ENFORCEMENT; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City desires to update Tukwila Municipal Code Chapter 8.03 regarding
alcoholic beverages to reflect changes to the Revised Code of Washington;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Renealer. Tukwila Municipal Code Section 8.03.030 is hereby repealed in its
entirety.
Section 2. TMC 8.03.010. Amended. Tukwila Municipal Code Section 8.03.010
(Alcoholic Beverage Control Enforcement) is hereby amended to read as follows:
8.03.010 Alcoholic Beverage Control Enforcement
The following statutes of the State of Washington are adopted by reference, as
presently constituted or hereinafter amended, and wherever the word "title" or
words "this title" are used therein, the same shall be construed to mean and refer to
RCW Title 66, and "this act" shall mean and refer to the Washington State Liquor
Act:
66.04.010 Definitions.
66.20.200 Unlawful acts relating to card of identification and certification card
Penalties.
66.20.210 Licensee's immunity to prosecution or suit Certification card as
evidence of good faith.
66.28.080 Permit for music and dancing upon licensed premises.
66.28.090 Licensed premises or banquet permit premises open to inspection
Failure to allow, violation.
66.44.010 Local officers to enforce law Authority of board Liquor
enforcement officers.
66.44.040 Sufficiency of description of offenses in complaints, informations,
process, etc.
66.44.050 Description of offense in words of statutes Proof required. Deleted: C:\WINDOWS\Desktop \Drin
66.44.060 Proof of unlawful sale establishes prima facie intent. king in Public.DOC
Deleted: PBB
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Anamed• \Policaahinkin. in Pubtic_DOC/T112/22/06
66.44.070 Certified analysis is prima facie evidence of alcoholic content.
66.44.080 Service of process on corporation.
66.44.090 Acting without license.
66.44.100 Opening or consuming liquor in public °lace Penalty. Formatted: underline
66.44.120 Unlawful use of seal.
66.44.130 Sales of liquor by drink or bottle.
66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal
Unlawful operation, possession of still or mash.
66.44.150 Buying liquor illegally.
66.44.160 Illegal possession, transportation of alcoholic beverages.
66.44.170 Illegal possession of liquor with intent to sell Prima facie evidence,
what is.
66.44.175 Violations of law.
66.44.180 General penalties Jurisdiction for violations.
66.44.200 Sales to persons apparently under the influence of liquor Purchases or
consumption by persons apparently under the influence of liquor on
licensed premises Penalty Notice Separation of actions.
66.44.210 Obtaining liquor for ineligible person.
66.44.240 Drinking in public conveyance Penalty against carrier Exception.
66.44.250 Drinking in public conveyance Penalty against individual
Restricted application.
66.44.270 Furnishing liquor to minors Possession, use Penalties Exhibition
of effects Exceptions.
66.44.280 Minor applying for permit.
66.44.290 Minor purchasing or attempting to purchase liquor Penalty. Formatted: Underline
g. Formatted: Strikethrough
per-setts-between ages of eighteen and twenty clusive.
66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out
minor as at least twenty -one, in public place where liquor sold. Formatted: Strikethrough
66.44.310 Minors frequenting off limits area Misrepresentation of age Penalty
Classification of licensees.
66.44.316 Certain persons eighteen years and over permitted to enter and remain
upon licensed premises during employment.
66.44.325 Unlawful transfer to minor of an identification of age identification. Formatted: Strikethrough
66.44.328 Preparation or acquisition and supply to persons under age twenty -one Formatted: Strikethrough
of facsimile of official identification card Penalty. I Formatted: Underline i
66.44.340 Employees eighteen years and over allowed to sell and handle beer and
wine for certain licensed employers.
66.44.370 Resisting or opposing officers in enforcement of title.
Section 3. Severabilitv. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be pre empted by state or
federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining
portions of this Ordinance or its application to other persons or circumstances. Deleted: cAW DOwswes>aoPwrin
i king in Public.DOC 1
Deleted: PBB
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Y .City Afnmcr'•PErER`•Policz,Drinkinn in Public D C T'112/22/06
Section 4. Effective Date. This Ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE DAY OF 2007.
CITY OF TUKWILA
Mayor Steven M. Mullet
ATTEST /AUTHENTICATED:
Jane Cantu, City Clerk
Approved as to form:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Date of Publication:
Effective Date:
Deleted: CAWINDOWS\Desktop\Drin
king in Public.DOC
1 Deleted: PBB
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Y' \Ci ty Attomew':PE] F R'.Police\Drinkinw in Public DOC_ t 17/22!06
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE CHAPTER 8.03, "ALCOHOLIC BEVERAGES REPEALING
ORDINANCE NOS. 1368 §1 (PART), 1677 §5, 1869 AND 1904, AS
CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 8.03;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila desires to update Tukwila Municipal Code Chapter
8.03 regarding alcoholic beverage control and enforcement, to reflect changes to the
Revised Code of Washington;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 8.03.010, Amended. Tukwila Municipal Code Section 8.03.010
(Alcoholic Beverage Control Enforcement) is hereby amended to read as follows:
8.03.010 Alcoholic Beverage Control Enforcement
The following statutes of the State of Washington are adopted by reference, as
presently constituted or hereinafter amended, and wherever the word "title" or words
"this title" are used therein, the same shall be construed to mean and refer to RCW Title
66, and "this act" shall mean and refer to the Washington State Liquor Act
66.04.010 Definitions.
66.20.200 Unlawful acts relating to card of identification and certification card
Penalties.
66.20.210 Licensee's immunity to prosecution or suit Certification card as
evidence of good faith.
66.28.080 Permit for music and dancing upon licensed premises.
66.28.090 Licensed premises or banquet permit premises open to inspection
Failure to allow, violation.
66.44.010 Local officers to enforce law Authority of board Liquor
enforcement officers.
66.44.040 Sufficiency of description of offenses in complaints, informations,
process, etc.
66.44.050 Description of offense in words of statutes Proof required.
66.44.060 Proof of unlawful sale establishes prima fade intent.
66.44.070 Certified analysis is prima facie evidence of alcoholic content.
66.44.080 Service of process on corporation.
66.44.090 Acting without license.
66.44.100 Opening or consuming liquor in public place Penalty.
66.44.120 Unlawful use of seal.
66.44.130 Sales of liquor by drink or bottle.
66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or
seal Unlawful operation, possession of still or mash.
66.44.150 Buying liquor illegally.
66.44.160 Illegal possession, transportation of alcoholic beverages.
C:\Doc"ments and SettingsWl Users1Desktop\Ke1l lSDATA \OrdinancesWcoholic Beverage Control.doc
PB:ksn 1/19/2007 Page 1 of 2
66.44.170 Illegal possession of liquor with intent to sell Prima facie evidence,
what is.
66.44.175 Violations of law.
66.44.180 General penalties Jurisdiction for violations.
66.44.200 Sales to persons apparently under the influence of liquor Purchases
or consumption by persons apparently under the influence of liquor
on licensed premises Penalty Notice Separation of actions.
66.44.210 Obtaining liquor for ineligible person.
66.44.240 Drinking in public conveyance Penalty against carrier Exception.
66.44.250 Drinking in public conveyance Penalty against individual
Restricted application.
66.44.270 Furnishing liquor to minors Possession, use Penalties Exhibition
of effects Exceptions.
66.44.280 Minor applying for permit.
66.44.290 Minor purchasing or attempting to purchase liquor Penalty.
66.44.300 Treats, gifts, purchases of liquor for or from minor, or holding out
minor as at least twenty -one, in public place where liquor sold.
66.44.310 Minors frequenting off limits area Misrepresentation of age
Penalty Classification of licensees.
66.44.316 Certain persons eighteen years and over permitted to enter and remain
upon licensed premises during employment.
66.44.325 Unlawful transfer to minor of age identification.
66.44.328 Preparation or acquisition and supply to persons under age twenty
one of facsimile of official identification card Penalty.
66.44.340 Employees eighteen years and over allowed to sell and handle beer
and wine for certain licensed employers.
66.44.370 Resisting or opposing officers in enforcement of title.
Section 2. Repealer. Ordinance Nos. 1368 §1 (part), 1677 §5, 1869 and 1904, as
codified in Tukwila Municipal Code Chapter 8.03, are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Cler)r•
APPROVED AS TO FORM BY: Passed by the City Council.
Published.
Effective Date.
Office of the City Attorney Ordinance Number
Monuments and Setting\All Users Desktop\ Kelly \MSDATASOrdinances\Alcoholic Beverage Control.doc
PB:ksn 1/192007 Page 2 of 2
Finance Safety Committee
January 16, 2007 5:00 p.m.
Present: Jim Haggerton, Chair; Joan Hernandez and Dennis Robertson, Council members.
Steve Mullet, Mayor; Rhonda Berry, City Administrator; Kevin Fuhrer Director of Finance;
Peter Beckwith, Assistant City Attorney; Diane Jenkins, Administrative Assistant to the City
Council; Mary Fertakis and Mark Wahlstrom, Tukwila School Board; and Jan Lande, Executive
Assistant/Public Information Officer, Tukwila School District.
Business Agenda
A. Alcoholic Beverage Control/Enforcement
Mr. Beckwith indicated that TMC 8.30.010 and .030, relating to Alcoholic Beverage Control and
Enforcement, are not in compliance with state law. TMC 8.30.010 will be amended and .030 repealed.
Currently Tukwila's code stated that a violation of the "open container" is a misdemeanor punishable by
jail and fines; state law indicates that it is a civil infraction. Revisions will be made to mirror the state
language. Unanimous approval to forward to January 22 Committee of the Whole meeting.
B. Ordinance repealing TMC8.75 Curfew for Minors
Mr. Beckwith referred to TMC 8.75, Curfew for Minors. He related that the Washington State Supreme
Court has ruled unconstitutional a juvenile curfew ordinance (very similar to the city's ordinance). Even
if the city were to revise its curfew language, it could still be challenged as a violation of a juvenile's
right to move freely in public places. It was recommended that TMC 8.75 be repealed. Mr. Haggerton
noted that this was a tool used by police and, what, if other tools could be given to the police. Ms. Berry
suggested that the Police and Parks departments could provide a joint report on this issue.
Ms. Hernandez pointed out that by repealing this code, it also repeals parent's responsibility. Ms. Lande
conveyed that high school students need structure and parents need to be accountable for their children.
She highlighted some of the problems experienced by the school district. Ms. Fertakis noted that there
are driving restrictions imposed on drivers' licenses for students and wondered if this too would be
deemed unconstitutional. Unanimous approval to forward to January 22 Committee of the Whole
meeting.
C. Amendment to the gambling tax ordinance
Mr. Fuhrer recalled that the Seattle Jaycees operates a Bingo and pull tab operations at the Police
Athletic Association. They recently petitioned the council for assistance. Because of the state smoking
ban, they faced drastic reduction in revenues and asked the city to waive a portion of their gambling tax.
Time was spent looking at their financial operations and talking with the Gambling Commission to get
better understanding of how they operate and to try to develop a solution. An amendment is being
proposed to the ordinance which would provide an exemption to charitable non profit organizations
conducting gambling operations to contribute 70% of the gambling tax to a charitable non profit
organization located within the City whose purpose is to provide health, education, welfare, or other
needs. The City cannot specify the organization or dollar amount. He reviewed the administrative
process which would be followed to ensure compliance. The amendment would apply to the 4 quarter,
the period ending December 31; this will be monitored quarterly. Currently, Seattle Jaycees is the sole
organization located within Tukwila to which this would apply. Ms. Hernandez asked what would be
the financial impact to the City. Mr. Fuhrer responded $70,000- $75,000. Mr. Robertson noted that if
this is not implemented, this organization would be out of business since they are not able to comply
with the current state rules and regulations. He believed that this was a "win/win" situation for
everyone. Ms. Berry commented that many of the eligible non profit organizations seek funding
through Tukwila's human services for financial assistance. It is possible that this will also help by
providing additional resources to these organizations. Unanimous approval to forward to January 16
regular council meeting.
COUNCIL AGENDA SYNOPSIS
J,f.Wt� ;Jyq••
O jaw sy' Initials ITEM NO.
I 1, t 1 Meeting Date Prepared by J Mayor's review j Council review -of IV/
01/22/07 1 PO 1 .t� 1 ;Pad
r
-ITEM INFORMATION
I CAS NUMBER: 07-011 I ORIGINAL AGENDA DATE: 1/22/07
AGENDA ITEM TITLE An Ordinance repealing the Curfew for Minors
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 1/22/07 Mtg Date Mtg Date Mtg Date 2/5/07 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PI/
SPONSOR'S There has been discussion regarding the repeal of the Curfew for Minors Ordinance. A
SUASIARY juvenile curfew ordinance similar to the City's ordinance has been ruled by the WA State
Supreme Court as unconstitutional. Based on the City's inability to enforce its curfew
ordinance, it is recommended that the ordinance be repealed.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA B: 1/16/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Repeal TMC 8.75
C0M Mr1"IEE Unanimous approval to move forward to repeal the Curfew for Minors
COST IMPACT TFUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
-0- -0- -0-
Fund Source: N/A
Comments:
MTG� DATE RECORD OF_COUNCIL ACTION
1/22/07
MTG DATE
ATTACHMENTS
1/22/07 1 Memo from Peter Beckwith dated 12/22/06 to the F S Cmte
Draft of Ordinance
Excerpts from TMC Title 8
1 1 Finance Safety Committee Minutes dated 1/16/07
KENYON DISEND, PLLC
THE MUNICIPAL LAW FIRM
MICHAEL R. KENYON 11 FRONT STREET SOUTH LACEY L. MADCHE
BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH
SANDRA S. MEADOWCROFT www.KENYONDISEND.COM THOMAS J. GUILFOIL
(425) 392 -7090 (206) 628 -9059 RENEE G. WALLS
SHEI.I.FY M. KERSLAKE FAx (425) 392 -7071 JOSEPH B. LEVAN
CHRIS D. BACHA KAKI L. SAND
HEIDI L. BROSIUS MONICA A. BUCK
KERRI A. JORGENSEN KATHRYN J. HARDY
INFORMATION MEMO
To: Finance and Safety Committee
From: Peter Beckwith, Assistant City Attorney
Date: December 22, 2006
Re: Ordinance Repealing TMC 8.75 Curfew for Minors
ISSUE
Whether the City should repeal TMC 8.75 regarding curfews for minors.
BACKGROUND
In the Washington State Supreme Court case, City of Sumner v. Walsh, 148 Wn.2d 460 (2003),
the Court held unconstitutional a juvenile curfew ordinance. The Sumner ordinance made it
unlawful for juveniles to remain in a public place after curfew hours but provided a list of
exemptions. The Court found the ordinance to be vague and that the exemptions could not be
applied in a non arbitrary manner. Id. at 502.
DISCUSSION
TMC 8.75, Curfew for Minors, is very similar to the Sumner ordinance. The Court's analysis
and holding would apply to the City's curfew language. Even if the City were to revise its
curfew language, it may still be challenged as a violation of a juvenile's right to move freely in
public places. This issue was raised by the Court in a footnote and addressed more thoroughly in
Justice Chambers's concurring opinion. Id. (FN 8).
As the City's current curfew is unconstitutional it should be repealed.
RECOMMENDATION
Repeal TMC 8.75
Attachments: Proposed ordinance.
TMC 8.75
G: \City Attorney \PETER\Police\MEMO Juvenile rfew Repealej. 'o.doc/P /12/28/06
SERVING WASHINGTON CITIES SINCE 1993
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE NO. 1973, AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 8.75, REGARDING CURFEW
FOR MINORS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Washington State Supreme Court has ruled that juvenile curfews,
similar to that set forth in Tukwila's Ordinance No. 1973, are unconstitutional; and
WHEREAS, the Tukwila City Council desires to repeal Ordinance No. 1973 to bring
the City's code into compliance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Repealer. Ordinance No. 1973, as codified at Tukwila Municipal Code
Chapter 8.75, entitled. "Curfew for Minors" is hereby repealed in its entirety.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of
this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be pre empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall be published in the official
newspaper of the City, and shall take effect and be in full force five days after the date of
publication.
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:
C:\Do:.uments and Settings\AII Users\Desktop1Ke11y\MSDATA \Ordinances \Curfew for Minors.doc
SK:ksn 1/19/2007 Page 1 of 1
TUKWILA MUNICIPAL CODE
person before the court at the time of issuance of the Chapter 8.75
order. CURFEW FOR MINORS
C. The written SOAR order shall contain the
court's directives and shall bear the statement:
"Violation of this order is a criminal offense under TMC Sections:
8.72.060 and will subject the violator to arrest." 8.75.010 Definitions
(v.. Lvit 8.75.020 Curfew Established
d Uzi:_ 2 iO
8.72.060 Violation of SOAR Orders 8.75.030 Exemptions
8.75.040 Enforcement
A. In the event a police officer has probable cause 8.75.050 Violations /Penalties
to believe that a person has been issued a SOAR order
as a condition of pre -trial release or a sentence imposed
by the court and, in the officer's presence, the person is 8.75.010 Definitions
seen violating or failing to comply with any require- A. `Aid" means all assistance whether given by
ment or restriction imposed upon that person by the words, acts, encouragement, support, presence or
court as a condition of his or her pre -trial release or neglect of parental or custodial responsibilities for a
condition of sentence, the officer may arrest the viola- minor required by any existing or hereafter enacted
tor without warrant for violation of the SOAR order statute of this state.
and shall bring that person before the court that issued B. `Aid and abet" means that a person with
the order. knowledge that it will promote or facilitate the com-
B. When a SOAR order is issued pursuant to this mission of a curfew violation, either:
chapter and the person so named in the order has 1. solicits, commands, encourages, or requests
notice of the order, a violation of any of the provisions a minor to commit the violation; or
of the SOAR order is a gross misdemeanor and shall be 2. aids or agrees to aid a minor or another
punishable by a fine not to exceed $5,000 or impris- person in planning or committing the violation.
onment not to exceed more than one year, or both. C. "Custodian" means any person at least 18
'Ord- 2017 `pat;, 203 years of age and authorized by a parent or guardian to
have the care and custody of a juvenile.
D. "Curfew hours "means:
1. 11:00PM on Sunday, Monday, Tuesday,
Wednesday, or Thursday until 5:OOAM the following
day, and
2. 11:59PM until 5:OOArvM any Friday or Satur-
day.
E. "Emergency" means an unforeseen combina-
tion of circumstances or the resulting state that calls for
immediate action. The term includes, but is not lim-
ited to, a fire, a natural disaster, an automobile
accident, or any situation requiring immediate action to
prevent serious bodily injury or loss of property.
F. "Establishment" means any privately -owned
place of business operated for a profit, to which the
public is invited, including, but not limited to, any
place of amusement or entertainment.
G. "Extended family member" means grand-
parent, brother, sister, stepbrother, stepsister, uncle,
aunt, or first cousin who is not a minor and with whom
the minor child has a relationship and is comfortable
with and who is willing and available to care for the
child.
H. "Guardian" means an individual, other than a
parent, who legally has the responsibility for the care
and management of a child during its minority.
I. `Minor" means any person under 18 years of
age.
Page 8 Printed July 2006
TITLE 8 PUBLIC PEACE, MORALS AND SAFETY
J. "Parent" means a person who is a natural 6. In a motor vehicle involved in interstate
parent, adoptive parent, foster parent, or step parent of travel with the consent of a parent guardian, or other
a minor. adult having custody or control of such minor.
K. "Public place" means any place to which the =v :d. 1 c( 201/
public or a substantial group of the public has visual or
physical access to and includes, but is not limited to, 8.75.040 Enforcement
streets, highways, parks, and the common areas of A. Unless flight by the person or other circum-
schools, hospitals, apartment houses, commercial stances make it impractical, a police officer shall, prior
buildings, parking lots, automobiles, transportation to taking a minor into custody for a curfew violation,
facilities, and shops, businesses and buildings open to approach, detain and allow the minor an opportunity to
the general public, including those which serve food or dispel the belief a police officer may have that a curfew
drink or provide entertainment, and their doorways, violation is being committed by requesting the minor to
entrances and grounds. provide identification, age, parent's name and address,
L. "Remain" means to linger or stay; or to fail to and to explain their presence and conduct. A police
leave the premises or area when requested to do so by officer shall not issue a citation or take further action
a police officer or the property owner, operator or other unless the officer reasonably believes an offense has
person responsible for the place. occurred, and that, based on any response provided by
Ord. 1c:73 2001, the minor and other circumstances, none of the
exemptions under Section 8.75.030 are present.
8.75.020 Curfew Established B. An officer who reasonably believes that a minor
A. A minor commits the offense of "curfew viola- is committing a curfew violation shall have the
tion" if he or she remains in any public place or estab- authority to take the minor into custody.
lishment within the City of Tukwila during curfew C. The officer shall inform the minor of the reason
hours, except as permitted under the provisions of this for such custody and shall, after attempting to call a
chapter. parent or guardian by phone, either:
B. Any person, including the minor's parent, 1. Transport the child to his or her home or to
custodian, or legal guardian, commits the offense of a parent at his or her place of employment, if no parent
"curfew violation" if he or she knowingly aids or abets is at home. The parent may request that the officer
the minor to commit a "curfew violation take the child to the home of an adult extended family
urn. 1;73 §2, 2001 member, responsible adult, crisis residential center, the
8.75.030 Exemptions Department of Social and Health Services, or a licensed
youth shelter. In responding to the request of the
It shall not be deemed an offense under this parent, the officer should take the child to a requested
chapter if any of the following conditions are found to place, which, in the officer's belief, is within a reason
apply. The minor was: able distance of the parent's home. The officer releas-
1. Accompanied by a parent, guardian, ex- ing a child into the custody of a parent, an adult
tended family member or custodian, provided that extended family member, responsible adult, or a
person is over 18 years of age. licensed youth shelter shall inform the person receiving
2. On an errand at the direction of the minor's the child of the reason for taking the child into custody
parent or guardian, without any unnecessary detour or and inform all parties of the nature and location of
stop. appropriate services available in the community; or
3. Attending, going to, or returning home 2. Take the child to a designated crisis
from directly and without any detour, any social, residential center's secure facility or a center's semi
school, political, religious, or recreational activity or secure facility if a secure facility is full, not available, or
gathering, including but not limited to dances, school, not located within a reasonable distance, if:
club or social gatherings, political rallies, vigils, or
a. a child expresses fear or distress at the
protests, religious gatherings, study groups, theater prospect of being returned to his or her home which
presentations, concerts, sporting events, or the like, leads the officer to believe there is a possibility that the
whether it is an officially organized activity or gathering child is experiencing some type of child abuse or
by an overseeing body, such as a school, or not. neglect, as defined in RCW 26.44.020; or
4. Involved in an emergency. b. it is not practical to transport the child
5. Engaged in lawful employment or traveling to his or her home or place of the parent's employment;
to or from an employment activity, without a detour or or
stop. c. there is no parent available to accept
custody of the child.
Printed July 2006 Page 8
TUKWILA MUNICIPAL CODE
3. After attempting to notify the parent, if a crisis Chapter 8.80
residential center is full, not available, or not located fICELL,IEGtS CRIMES
within a reasonable distance, the officer may request
the Department of Social and Health Services to accept
custody of the child. If the Department determines Sections:
that an appropriate placement is currently available, the 8.80.010 Conduct Prohibited
Department shall accept custody and place the child in 8.80.020 Littering, Pollution And Smoking
an out -of -home placement. If the Department declines 8.80.030 United States and State Flags Related
to accept custody of the child, the officer may release Crimes
the child after attempting to take the child to the
following, in the order listed: the home of an adult
extended family member, a responsible adult, a 8.80.010 Conduct Prohibited
licensed youth shelter; and shall immediately notify the The following statutes of the State of Washington
Department if no placement option is available and the are adopted by reference:
child is released. RCW 9.91.010 Denial of civil rights Terms defined.
D. An officer's responsibilities under this section, RCW 9.91.020 Operating railroad, steamboat,
after taking a minor into custody for a curfew violation, vehicle, etc., while intoxicated.
shall be changed, expanded or limited without further RCW 9.91.025 Unlawful bus conduct.
amendment to be consistent with the provisions of RCW 9.91.110 Meal buyers Records of purchases
RCW 13.32A.050 and .060 as now or hereafter Penalty.
amended.
(Ord, 1389 1986; d. '363 19,
.i Ji
/Ord. 173 4, 20011
8.80.020 Littering, Pollution and Smoking
8.75.050 Violations/Penalties The following statutes of the State of Washington
A. A curfew violation is designated as a civil are adopted by reference, as presently constituted or
infraction. The Tukwila Municipal Court shall have hereinafter amended:
jurisdiction over all civil infractions issued under this RCW 70.93.060 Littering prohibited Penalties.
chapter. Civil infractions shall be issued and processed RCW 70.54.010 Polluting water supply Penalty.
in accordance with RCW 7.80, which is incorporated RCW 70.155.080 Purchasing, possessing, or obtaining
herein by reference. tobacco by persons under the age of
B. A person found to have committed an eighteen Civil infraction Courts of
infraction shall be assessed a monetary penalty jurisdiction.
according to the following scale: RCW 70.160.020 Definitions.
1. First offense not to exceed $50.00. RCW 70.160.030 Smoking in public places except
2. Second offense not to exceed $100.00. designated smoking areas prohibited.
3. Third offense not to exceed $250.00. RCW 70.160.040 Designation of smoking areas in
C. A minor's parent, custodian, or legal guardian is public places Exceptions Restau-
responsible for payment of any monetary penalty rant smoking areas Entire facility or
imposed upon a minor under this chapter. area may be designated as
Ord 7 02 5 2 C01 nonsmoking.
RCW 70.160.050 Owners, lessees to post signs
prohibiting or permitting smoking
Boundaries to be clearly designated.
RCW 70.160.060 Intent of chapter as applied to
certain private workplaces.
RCW 70.160.070 Intentional violation of chapter
Removing, defacing, or destroying
required sign Fine Notice of
infraction Exceptions Violations of
RCW 70.160.040 or 70.160.050
Subsequent violations Fine
Enforcement by fire officials.
ford. 1973 31, 2000; Ord. 1363 t_, a i 975;
Page 8 Printed July 2006
Finance Safety Committee
January 16, 2007 5:00 p.m.
Present: Jim Haggerton, Chair; Joan Hernandez and Dennis Robertson, Council members.
Steve Mullet, Mayor; Rhonda Berry, City Administrator; Kevin Fuhrer Director of Finance;
Peter Beckwith, Assistant City Attorney; Diane Jenkins, Administrative Assistant to the City
Council; Mary Fertakis and Mark Wahlstrom, Tukwila School Board; and Jan Lande, Executive
Assistant/Public Infomiation Officer, Tukwila School District.
Business Agenda
A. Alcoholic Beverage Control/Enforcement
Mr. Beckwith indicated that TMC 8.30.010 and .030, relating to Alcoholic Beverage Control and
Enforcement, are not in compliance with state law. TMC 8.30.010 will be amended and .030 repealed.
Currently Tukwila's code stated that a violation of the "open container" is a misdemeanor punishable by
jail and fines; state law indicates that it is a civil infraction. Revisions will be made to mirror the state
Language. Unanimous approval to forward to January 22 Committee of the Whole meeting.
B. Ordinance repealing TMC8.75 Curfew for Minors
Mr. Beckwith referred to TMC 8.75, Curfew for Minors. He related that the Washington State Supreme
Court has ruled unconstitutional a juvenile curfew ordinance (very similar to the city's ordinance). Even
if the city were to revise its curfew language, it could still be challenged as a violation of a juvenile's
right to move freely in public places. It was recommended that TMC 8.75 be repealed. Mr. Haggerton
noted that this was a tool used by police and, what, if other tools could be given to the police. Ms. Berry
suggested that the Police and Parks departments could provide a joint report on this issue.
Ms. Hernandez pointed out that by repealing this code, it also repeals parent's responsibility. Ms. Lande
conveyed that high school students need structure and parents need to be accountable for their children.
She highlighted some of the problems experienced by the school district. Ms. Fertakis noted that there
are driving restrictions imposed on drivers' licenses for students and wondered if this too would be
deemed unconstitutional. Unanimous approval to forward to January 22 Committee of the Whole
meeting.
C. Amendment to the gambling tax ordinance
Mr. Fuhrer recalled that the Seattle Jaycees operates a Bingo and pull tab operations at the Police
Athletic Association. They recently petitioned the council for assistance. Because of the state smoking
ban, they faced drastic reduction in revenues and asked the city to waive a portion of their gambling tax.
Time was spent looking at their fmancial operations and talking with the Gambling Commission to get
better understanding of how they operate and to try to develop a solution. An amendment is being
proposed to the ordinance which would provide an exemption to charitable non profit organizations
conducting gambling operations to contribute 70% of the gambling tax to a charitable non profit
organization located within the City whose purpose is to provide health, education, welfare, or other
needs. The City cannot specify the organization or dollar amount. He reviewed the administrative
process which would be followed to ensure compliance. The amendment would apply to the 4 quarter,
the period ending December 31; this will be monitored quarterly. Currently, Seattle Jaycees is the sole
organization located within Tukwila to which this would apply. Ms. Hernandez asked what would be
the financial impact to the City. Mr. Fuhrer responded $70,000 $75,000. Mr. Robertson noted that if
this is not implemented, this organization would be out of business since they are not able to comply
with the current state rules and regulations. He believed that this was a "win/win" situation for
everyone. Ms. Berry commented that many of the eligible non profit organizations seek funding
through Tukwila's human services for financial assistance. It is possible that this will also help by
providing additional resources to these organizations. Unanimous approval to forward to January 16
regular council meeting.
COUNCIL AGENDA SYNOPSIS
s t i' Initialr ITEM NO.
C 0,► 1 Meeting Date Prepared by 1 Mayor J review Co review 1
t .v 128 1 01/22/07 1 BG 64,j A2 I 10
02/05/07 1 1
ITEM INFORMATION
CAS NUMBER: 07-012 I ORIGINAL AGENDA DATE: JANUARY 22, 2007
AGENDA ITEM TITLE Bid Award for Southcenter Blvd Water Main
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 1/22/07 Mtg Date Mtg Date Mtg Date Mtg Date 2/05/07 Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Sacs DCD Finance Fire Legal P&R Police PI/
SPONSOR'S This project will replace the old cast iron main in Southcenter Blvd. From Tukwila Pkwy.
SUMMARY to Grady Way. The project was advertised on December 7 and 14, 2006, and four bids
were opened on January 5, 2007. The low bid of $764,864.00 was from R.L. Alia, which
is currently under contract for the Allentown /Foster Point Water and Sewer project and
the Fort Dent Park /Interurban Ave. Sewer project. Work on those projects is
satisfactory.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/17/07
RECOMMENDATIONS:
SPoNsoR /ADMIN. Award contract to the lowest bidder, R.L. Alia.
COM MIr1EE Unanimous approval, forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$764,864.00 $980,000.00
Fund Source: 401.02 Water Fund (page 78 79, 2007 Proposed CIP)
Comments: Includes $440, 000 from page 79 and the Interurban Ave South Waterline Project
MTG. DATE I RECORD OF COUNCIL ACTION
1/22/07 1
2/5/07 I
MTG. DATE I ATTACHMENTS
1/22/07 I Information Memo dated January 8, 2007
Bid Tabulation
Map. and CIP Pages 7R 79
Utilities Committee Meeting Minutes from January 17, 2007
2/5/07 1
INTFORMATION MEMO
To: Mayor Mullet
From: Public Works Director'
Date: January 8, 2007
Subject: Southcenter Boulevard Water Main Replacement
Project No. 98 -WT05
BID AWARD
ISSUE
Award the bid for the Southcenter Boulevard Water Main Replacement project (see attached map for
project location).
BACKGROUND
After the 2001 earthquake, the existing 12 -inch cast iron water main in the Green River Trail broke.
The main was repaired and it was determined that the existing line needed to be upgraded to ductile
iron pipe. The water main is being installed in the WSDOT limited access area of I-405 and WSDOT
requires work to be done at night in this area. The water main is also being attached under the bridge
crossing the Green River. These two factors have resulted in increased construction costs.
The contract documents for the project were completed in the fall of 2006 and the project was
advertised on December 7 and 14, 2006. The project is listed in the proposed 2007 CIP, page 78.
Four bids were opened on January 5, 2007. The engineer's estimate was $720,123.48. R. L. Alia
Company of Renton, Washington, submitted the low bid of $764,864.00 for the base bid. All bids
included state sales tax.
The City of Tukwila currently has R. L. Alia under contract for the Allentown/Foster Point Water and
Sewer Improvements project and work on the project is satisfactory.
BUDGET AND BID SUMMARY
When the 2007 budget process was completed in September of 2006, the project budget was $490,000.
City staff requested an additional $130,000 in November of 2006 due to the steep rise in construction
costs in the late fall. The funds could not be shifted because the preliminary budget was completed. It
was decided to bid the project using funds from other 2007 projects. The remaining $400,000 to
complete the project will be from the Interurban Ave South Waterline project. The Interurban Ave
South Waterline project will be moved to 2008 with the design completed this year.
Bid Results Engineer's Estimate Budget
Bid 764,864.00 720,123.48 540,000.00 (Southcenter)
Construction Mgmt 89,615.00
Contingency (10 76,486.40 440,000.00 (Interurban)
Total 930,965.40 720,123.48 980,000.00
RECOMMENDATION
Award the bid for the Southcenter Boulevard Water Main Replacement project to R. L. Alia Company
in the amount of $764,864.00.
MC:ad
attachment: bid tabulation
map
(P:Projear`v1- WT Projecte98WID5Jnfo Memo Bid Award to R L Alia)
CITY OF TUKWILA
Southcenter Boulevard Water Main Replacement
Project No. 98 -WTO5
BID TABULATION
Bid Opening Date: 1/5/07
Bid Opening Time: 10:00 a.m.
(P:Prolecte\A- WT Projocle \OBWTO5\Bld Tabulation)
Engineer's Estimate
R. L. Alia Company
Gary Merlino Construction
Construct Company, LLC
Kar -Vel Construction, Inc.
ITEM
NO.
ITEM OR
TASK DESCRIPTION
QUANTITY
NO.
UNITS
UNIT
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
1
ALL WORK
LS
$636,878.20
683,000.00
$683,000.00
753,000.00
$753,000.00
750,000.00
$750,000.00
803,600.00
$803,600.00
2
Trench Excavation Safety System
LS
10,000.00
5,000.00
5,000.00
1,000.00
1,000.00
5,000.00
5,000.00
5,000.00
5,000.00
3
Unforeseen Utility Conflict Resolution
FA
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
4
Miscellaneous Work and Restoration
FA
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
Subtotal
Sales Tax 8.8%
TOTAL
$661,878.20
58,245.28
$720,123.48
$703,000.00
61,864.00
$764,864.00
$769,000.00
67,672.00
$836,672.00
$770,000.00
67,760.00
$837,760.00
$823,600.00
72,476.80
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2007 to 2012
PROJECT: Southcenter Blvd Water Main Replacement
LINE ITEM: 401.02.594.34. .09 PROJECT NO. 98 -WT05
DESCRIPTION: Design and construct 1,900 LF of new 10" ductile iron pipe from Grady Way to Tukwila Parkway.
JUSTIFICATION: Aging cast iron system has suffered frequent and spectacular failures.
STATUS: Survey and in -house design began in 2004, advertise bids in late 2006 with construction in 2007.
MAINT. IMPACT: A new pipe will significantly reduce impact on crews from the risk of cataclysmic events.
COMMENT:
FINANCIAL Through Estimated
(in $000's) 2005 2006 2007 2008 2009 2010 2011 2012 BEYOND TOTAL
EXPENSES
Design 30 15 45
Land(R/W) 0
Const. Mgmt. 50 50
Construction 490 490
TOTAL EXPENSES 30 15 540 0 0 0 0 0 0 585
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
Utility Revenue 30 15 540 0 0 0 0 0 0 585
TOTAL SOURCES 30 15 540 0 0 0 0 0 0 585
II
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2007 to 2012
PROJECT: Interurban Ave S Waterline (42nd Ave S to 48th Ave S)
LINE ITEM: 401.02.594.34. .36 PROJECT NO. 04 -WTO2
DESCRIPTION: Design and construct (2) 800 LF of 10" ductile iron waterline to replace the old cast iron waterline
in Interurban Ave S.
JUSTIFICATION: The existing waterline is cast iron and is subject to cracking and breaking.
STATUS:
MAINT. IMPACT: A new pipe will significantly reduce impact on crews for risk and failure.
COMMENT:
FINANCIAL Through Estimated
(in $000's) 2005 2006 2007 2008 2009 2010 2011 2012 BEYOND TOTAL
EXPENSES
Design 50 50
Land (R/W) 0
Const. Mgmt. 40 40
Construction 400 400
TOTAL EXPENSES 0 0 490 0 0 0 0 0 0 490
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
Utility Revenue 0 0 490 0 0 0 0 0 0 490
TOTAL SOURCES 0 0 490 0 0 0 0 0 0 490
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576051 I
Utilities Committee DRAFT
January 17, 2007 5:00 p.m.
Present: Joan Hernandez, Chair; Jim Haggerton, Council members.
Jim Morrow, Director of Public Works; Frank Iriarte, Deputy Director; Bob Giberson,
Acting City Engineer; Mike Cusick, Senior Engineer; Pat Brodin; and Diane Jenkins,
Administrative Assistant to the Council.
Business Aeenda
A. 2007 Public Works Utility Issues
Mr. Morrow reviewed the issues and priorities of the utilities committee for 2007. He
highlighted the National Pollutant Discharge Elimination System (NPDES) Phase II project.
This is an unfunded mandate and will have significant impact on the city, both from the service
which needs to be provided and reporting/staffing requirements. The city has five years to meet
all requirements. There have been significant strides taken to make certain that permit
conditions would be met. This and other items on the list will impact policy and funding
decisions of the council. Ms. Hernandez inquired how much this unfunded mandate will cost the
district. Mr. Morrow replied $75,000- $80,000 a year. The city may receive the permit and also
consider joining an appeal on the issuance of the permit. Mr. Morrow solicited additional input
from committee members on items they would like to have brought forward. Mr. Haggerton
suggested that field trips to sites being discussed would be helpful. Discussion.
Southcenter Blvd. Water Main Bid Award
Mr. Cusick provided an update on the replacement of the cast iron Southcenter Blvd. Water
main. This line was damaged in the 2001 earthquake and the main was repaired. He described
the rerouting of this pipe. Mr. Morrow conveyed that the council was recently briefed on the
increases in the cost of construction materials /projects. The original estimate for this project was
$490,000 and increased to $620,000; the preliminary budget was already complete so was unable
to transfer funds then. It was proposed to delay the Interurban Ave. South Waterline project and
transfer the funds allocated for that project ($440,000) to this project. $540,000 was originally
allocated for this project; this will bring the total project budget to $980,000. This will cover the
cost of construction and the next item construction management. Mr. Haggerton asked if the
Interurban Ave. South project could be delayed. Mr. Morrow replied affirmatively. He noted
that the city is looking at a more aggressive approach to replace aging infrastructure, especially
cast iron pipes. Mr. Morrow indicated that the reserves in the Enterprise funds will be examined
to evaluate appropriate levels, especially in view of escalating construction costs. Mr. Haggerton
asked if steps are being taken to prevent earthquake damage. Mr. Cusick indicated that ductile
iron pipe e is being used which is more resistant to cracking. Ms. Hernandez requested that the
location of the new pipe, along with the existing location, be shown on the map and included in
the council information. Unanimous approval to move to Committee of the Whole for
discussion then to regular council.
C. Southcenter Blvd. Water Main Construction Management Services
Mr. Giberson reviewed the process used to obtain construction management services. Five firms
have master agreements and, as needed, supplemental agreements are developed which are task
oriented for a specific project. A supplemental agreement has been negotiated with Anchor
Environment in the amount of $89,615.00 for construction management of the Southcenter Blvd.
Water Main project. Unanimous approval to move to Committee of the Whole for
discussion then to regular council.
COUNCIL AGENDA SYNOPSIS
s
R je y r�Titials ITEM No. 1
P 4 1 Meeting Date Prepared by I Mayor' review I inc review 1
-Ai W 01/22/07 BGO A/ ,41- I OW
02/05/07 1 R
3
ITEM INFORMATION
CAS NUMBER: 07-013 I ORIGINAL AGENDA DATE: JANUARY 22, 2007
AGENDA ITEM TITLE Southcenter Blvd Water Main Replacement Project
Construction Management Services Supplement No. 2 with Anchor Environmental
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
ilitg Date 1/22/07 Mtg Date 2/05/07 Mtg Date Mtg Date Mtg Date 2/05/07 ilitg Date litg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PJV
SPONSOR'S Construction Management Services have been negotiated with Anchor Environmental for
SUM ARY the Southcenter Boulevard Water Main Replacement project in the amount of
$89,615.00. The scope of work includes construction inspection, survey control, project
management, contract administration and documentation.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/17/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the supplement with Anchor Environmental.
COMMIrrEE Unanimous approval, forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$89,615.00 $980,000.00
Fund Source: 401.02 Water Fund (page 78 79, 2007 Proposed CIP)
Comments: Includes $440, 000 from page 79 and the Interurban Ave South Waterline Project
MTG. DATE RECORD OF COUNCIL ACTION
1/22/07
2/5/07
MTG. DATE ATTACHMENTS
1/22/07 Information Memo dated January 9,. 2007
Consultant Supplement; CIP pages 78 79
Utilities Committee Meeting Minutes from January 17, 2007
2/5/07
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: January 9, 2007
Subject: Southcenter Boulevard Water Main Replacement
Construction Management Services
Supplemental Agreement No. 2
ISSUE
Supplemental Agreement No. 2 has been negotiated with Anchor Environmental for
construction management services on the Southcenter Boulevard Water Main
Replacement project in the amount of $89,615.00.
BACKGROUND
Anchor Environmental is under an existing two -year master agreement for construction
management services. Their first supplemental agreement was for Maule Ave /Campbell
Hill and 58 Ave S Waterline project.
ANALYSIS
This supplement for construction management services has been negotiated for a fixed
fee not to exceed $89,615.00. The scope of work includes construction inspection and
reporting, construction survey control and spot checking, part-time project management
and contract administration. This fee is fair and reasonable. The construction
management funds of $50,000 shown on page 78 of the 2007 CIP will be supplemented
by the $40,000 shown on page 79 from the Interurban Ave South Waterline project.
RECOMMENDATION
Authorize the Mayor to sign Supplemental Agreement No. 2 with Anchor
Environmental for construction management services in the amount of $89,615.00.
BG:gl
attachments: Consultant Supplement with A -2 B -2
P:\PUBWORKS\PROJECTS\A- WT Projects\98wt05 Southcenter Blvd\INFO MEMO Anchor Environmental CM Supplement No 2 .doc
SUPPLEMENTAL AGREEMENT NUMBER TWO
TO
CONSULTANT AGREEMENT NUMBER 06 -49(b)
THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, herein -after referred to as "the City and Anchor Environmental L.L.C., Inc.,
hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
The City desires to supplement the agreement entered into with the Consultant and executed on,
April 20, 2006 and identified as Agreement No. 06 -049. All provisions in the basic agreement
remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
1. Scope of Services, is hereby changed to include the general scope of services and
specific scope of services as outlined in the attached Exhibit A -2.
2. Payment, shall be amended as follows: See attached Exhibit B -2.
3. Time for Performance, shall be amended as follows:
Payment for the work provided by the Consultant as part of this supplement shall be
made and the total amount of payment to the Consultant for this work shall not exceed
$89,615 without express written modification of the Agreement signed by the City.
DATED this day of 2007.
CITY OF TUKWILA CONSULTANT
By:
Steven M. Mullet, Mayor
Printed Name: Ed Berschinski
Title: Partner
Exhibit A -2
City of Tukwila
Construction Management Services 2006/2007 On -Call
Supplement Number 2
Contract Number 06- 049(b)
Construction Services
Scope of Work
January 10, 2007
The Consultant shall provide Construction Management and Field Observation services
for the Southcenter Boulevard Waterline Replacement as outlined below:
A. The Consultant shall provide project management throughout the construction
duration. This includes management of staff and testing subconsultant and
preparation of monthly invoices and progress reports. The estimated project
duration is 90 Calendar Days.
B. Prepare for and attend pre construction conference with the City, Contractor, and
affected utilities. The Consultant shall prepare notice of pre- construction
meeting, agenda, and minutes for distribution to all attendees.
C. The Consultant shall keep records and prepare correspondence as required for
the duration of construction. Certified payroll and other required documentation
obtained from the Contractor will be provided to the City.
D. The Consultant shall provide one set of preconstruction photographs and any
photographs taken during the course of construction. Photographs will be
labeled with the date taken and subject matter.
E. The Consultant shall provide the services of one inspector and supplemental
assistants, as needed, on the project site who will observe the technical content
of the construction, including providing day to day contact with the Contractor
and the City. By providing such assistance, the Consultant shall assume no
responsibility for proper construction techniques and job site safety. The
presence of the Consultant's personnel at the construction site is for the purpose
of providing to the City a greater degree of confidence that the completed work
will conform generally to the Contract Documents. The Consultant will endeavor
to protect all parties against defects and deficiencies in the work of the
Contractor, but cannot guarantee the Contractor's performance and shall not be
responsible for construction means, methods, techniques, sequences of
procedures, or for safety precautions and programs in connection with the work
performed by the construction contractor and any subcontractor.
F. The Consultant shall contract with an independent testing lab for material testing
services such as field sampling, sieve analysis, in place density tests, extraction,
and rice density. A $1,000 allowance has been included for testing services from
an independent lab.
G. The Consultant shall review traffic control, schedule, and materials submittals
provided by the Contractor.
H. The Consultant shall provide periodic, informal site visits with the field observer
and Contractor to address concerns, make clarifications, and assure compliance
with Contract Documents.
The Consultant shall review change conditions as they arise and make
recommendation to the City for field changes /change orders.
J. The Consultant shall track quantities, prepare pay estimates, and review with
City and Contractor for approval. Four pay estimates are anticipated for this
project (3 monthly progress payments and 1 final payment).
K. The Consultant shall provide field inspection for substantial completion and final
completion.
L. The Consultant shall prepare and review a comprehensive punchlist based on
the above field inspections.
M. The Consultant shall revise the original drawings and prepare field survey and
record drawings and submit to the City, upon completion of the work, using
available information supplied by the Contractor and field personnel. As -built
survey information shall include roadway centerline profile grades at 50 -foot
intervals, horizontal and vertical locations of all catch basins, manholes or other
significant structures (as appropriate for the type of project). The Consultant
shall provide one set of original red -ink on mylar record drawings one set of
bond copies and the AutoCAD record drawings on CD ROM
The construction duration is anticipated to be 90 Calendar Days with a construction start
date of approximately March 1, 2007. All work shall be completed within 30 calendar
days after project acceptance.
Deliverables:
Items to be provided by the Consultant:
Preconstruction notice and minutes
Daily field inspection reports
Field testing reports
Preconstruction and construction photos
Documentation from site meetings, change conditions, and field directives.
Copy of all correspondence and payroll information received.
Change orders, if required.
Partial and Final pay requests
Punchlist.
Record Drawings (mylars, bond copy and AutoCAD files on CD ROM)
Items to be provided by the City:
Contract award
Contract closeout
Copy of Auto CAD files to prepare record drawings
Contract documents (3 -'h size sets of plans and specifications, 2 full size plan
sets)
Review /Acceptance of purity and pressure tests
Exhibit B -2
Summary of Costs
City of Tukwila
2006/2007 On -Call Construction Services
City Supplement Two
Southcenter Boulevard Water Main Replacement
Staff Tyne Rate Hours Total
Office
Senior Project Manager $63.10 186 $11,737
CADD technician $30.91 12 371
Project Assistant $20.48 72 1,475
Total Hours 270
Total Labor (DSC) $13,582
Office OH 170.25% x DSC $23.123
Subtotal Office Labor $36,705
Fee 15% of Office Labor subtotal 5,505
Total Office Labor 42,210
Field
Senior Inspector $39.00 364 $14,196
Field OH 140.0% $19.874
Subtotal Field Labor $34,070
Fee @15% of Field Labor subtotal 5.111
Total Field Labor 39.181
Total Labor 81,391
Total Sub consultants 3,300
Total Expenses 4,924
Total Project 89,615
City of Tukwila: Consultant Agreement No.06- 049(b)
Supplement No. 2
Southcenter Boulevard Waterline Replacement
Specific Scope of Work Construction Management Services
The following represents the general scope of services to be performed by Anchor
Environmental L.L.C. (Anchor) during construction of the Southcenter Boulevard. Waterline
Replacement project. The services are divided into different categories of work that represent the
chronology of the activities as well as the types of services provided. This scope is intended to
reasonably address all construction- related services that would normally be anticipated for a
project of this type.
Task 1 Pre Construction Services
Subtask 1.1 Construction Document Review
Scope
Obtain from City and become familiar with plans, specifications, property owner
agreements, etc.
Hold kick off meeting for Anchor project team.
Subtask 1.2 Pre Construction Meeting
Scope
Issue invitations and prepare meeting agenda
Conduct and attend pre construction meeting.
Prepare and distribute meeting minutes.
Subtask 1.3 Submittal Review
Scope
Log and track contractor submittals (as outlined in specifications).
Review contractor submittals for general compliance with contract requirements.
Submittals include general requirements (i.e. Schedule, wage rates) as well as
technical submittals (i.e. shop drawings, catalogue cuts, work plans, test reports and
certifications). Submittals will be routed as requested for review by City Water Dept.
staff and/or City /Consultant designers.
Subtask 1.4 Conditions Review
Scope
Pre construction conditions: Document pre construction conditions, including pre
construction construction site condition surveys, photographs, and record any visible
property corners.
Task 2 Contract Administration Services
Subtask 2.1 Planning
Scope
Planning: Prepare a brief project specific construction management plan that outlines
tasks, staff responsibilities, procedures and forms, documentation methods, safety
procedures and communication links.
Subtask 2.2 Records Management
Scope
Documentation: Establish project specific documentation management system for
maintaining project records and tracking multiple party review /approval documents.
Documents include submittals, Requests for Tnformation (RFI's), change orders, test
reports, surveys, meeting minutes, project photographs and general correspondence.
Liaison: Act as owner's representative/liaison for all daily
coordination/communication to contractor as well as that from other agencies, other
contractors (adjacent projects), site tenants and other third parties that occurs during
the course of the project.
Correspondence: Prepare draft response on behalf of City to all formal project
construction correspondence requiring responses.
Status Reports: Prepare and transmit monthly invoices and status reports. Status
reports shall include project progress with respect to critical timelines, budget status
and identification of any issues that may affect schedule or budget.
Products
Project Documentation System (Files)
Tracking logs for correspondence
Draft letters
Status reports
Subtask 2.3 Progress Payments
Payment: Prepare payment spreadsheet. Review monthly progress payment requests
submitted by the contractor. Provide measurements and verification of progress and
submit monthly application for payment to the City for processing.
Products
Payment spreadsheet with signature page
Task 3 Field Observations /inspections
Scope
Activities performed by field engineer /technician.
Observation: Observe the technical conduct of the contractors work for quality
and compliance with design documents, approved submittals and/or applicable
technical standards. Prepare a daily inspection report and take progress
photographs.
Interpretations: Provide day to day interpretation of contract requirements and
respond to contractors questions including resolution of minor issues.
Testing: Perform or cause to be performed sampling and testing of materials to be
incorporated into the project. Witness leak testing performed by contractor and
verify purity testing. (Some materials testing by sub consultant, see Task 8). All
test acceptance by City utility personnel.
Measurements: Perform or cause to be performed field measurements to
determine excavation quantities, trench backfil and placement limits, etc. as well
as surveys or other measurements to verify pay requests and conformance with
project requirements.(Actual survey may be done by sub consultant, see Task 7).
Field Changes: Facilitate minor field changes to circumvent change orders due to
obstructions or other unanticipated conditions. Coordinate with design engineer
for any changes that may impact project cost or time. (See Task 4).
Communications: Maintain primary day to day communications with the
contractor and keep the construction manager informed of activities. Receive
comment from neighboring property owners and the general public and provide
responses for questions and concerns.
Check for contractor compliance with requirements for traffic control and notice
requirements with city and WSDOT when disconnecting loops.
Participate in bi- weekly project meetings
Note: Assumes a 3 month construction contract duration with 1 person on site. For
budgeting purposes the inspector may not be on site full -time.
Products
Inspection Daily Reports
Field Sketches and Measurements
Progress photos
Task 4 Construction Engineering /Change Orders
Scope
Respond to questions related to site engineering.
Evaluate contractor proposed revisions or substitutions.
Change Orders: Prepare calculations, drawings, cost estimates and justification for
change orders for approval by City. This includes coordination with designer for
input regarding design changes. Negotiate change orders with the contractor and
incorporate into the project. For this cost estimate we have assumed up to five minor
change orders (8 hours per C.O.).
Task 5 Site Visits /Meetings
Scope
Periodic site visit by construction manager in combination with conducting a bi-
weekly coordination meeting with the contractor. Prepare agenda and minutes of
meetings including tracking of action items.
Task 6 Record Drawings
Scope
Record Drawings: Provide a fmal conformed set of drawings that include any field
changes and fmal configuration of facilities
Task 7 Surveying
Scope
Activities: To be performed by City approved survey subconsultant (as needed)
Provide visual spot checks of contractor's alignment, grade cuts, elevations, etc.
as a quality control check and only use 3 party surveyor if questionable issue.
Provide cross sections of cuts and fills to check quantity calculations for payment.
Products
Survey Reports
Task 8 Materials Testing
Scope
Work on this task will not begin until receipt of City approval of a qualified,
independent subcontractor.
Provide tests of materials for compliance with contract requirements for gradation,
compaction, strength, etc. (as needed only to verify)
Products
Test Reports
Note: Anchor will review test results for compliance with the project specifications.
Exclusions
Anchor shall assume no responsibility for proper construction techniques and jobsite safety. The
presence of Anchor personnel at the construction site is for the purpose of providing the City a
greater degree of confidence that the work will generally conform to the contract documents and
that the integrity of the design concept as reflected in the Contract Documents has been
implemented and preserved by the construction contractor. Anchor will endeavor to protect all
parties against defects and deficiencies in the work of the contractor(s) but cannot guarantee the
contractors performance and shall not be responsible for construction means, methods,
techniques, sequences of procedures, or for safety precautions and programs in connection with
the work performed by the construction contractor or any subcontractors.
Estimated Costs
A detailed breakdown of labor and cost estimates by task is provided in the accompanying
budget spreadsheet. Note that labor hour breakdowns by subtask are included in the spreadsheet.
However, we have only used the subtask designation to explain the basis for our budget
estimates, and have anticipated that we would track and bill costs at the Task level, not at the
subtask level.
We trust that this proposed scope and cost estimate is sufficient for your needs. If you have any
question regarding this scope, please do not hesitate to contact Ed Berschisnki.
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2007 to 2012
PROJECT: Southcenter Blvd Water Main Replacement
LINE ITEM: 401.02.594.34. .09 PROJECT NO. 98 -WTO5
DESCRIPTION: Design and construct 1,900 LF of new 10" ductile iron pipe from Grady Way to Tukwila Parkway.
JUSTIFICATION: Aging cast iron system has suffered frequent and spectacular failures.
STATUS: Survey and in -house design began in 2004, advertise bids in late 2006 with construction in 2007.
MAINT. IMPACT: A new pipe will significantly reduce impact on crews from the risk of cataclysmic events.
COMMENT:
FINANCIAL Through Estimated
(in $000's) 2005 2006 2007 2008 2009 2010 2011 2012 BEYOND TOTAL
EXPENSES
Design 30 15 45
Land (R/W)
0
Const. Mgmt. 50 50
Construction 490 490
TOTAL EXPENSES 30 15 540 0 0 0 0 0 0 585
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
Utility Revenue 30 15 540 0 0 0 0 0 0 585
TOTAL SOURCES 30 15 540 0 0 0 0 0 0 585
r° she:
Project Location sir
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2007 to 2012
PROJECT: Interurban Ave S Waterline (42nd Ave S to 48th Ave S)
LINE ITEM: 401.02.594.34. .36 PROJECT NO. 04 -WT02
DESCRIPTION; Design and construct (2) 800 LF of 10" ductile iron waterline to replace the old cast iron waterline
in Interurban Ave S.
JUSTIFICATION: The existing waterline is cast iron and is subject to cracking and breaking.
STATUS:
MAINT. IMPACT: A new pipe will significantly reduce impact on crews for risk and failure.
COMMENT:
FINANCIAL Through Estimated
(in $000's) 2005 2006 2007 2008 2009 2010 2011 2012 BEYOND TOTAL
EXPENSES
Design 50 50
Land (RNV) 0
Const. Mgmt. 40 40
Construction 400 400
TOTAL EXPENSES 0 0 490 0 0 0 0 0 0 490
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
Utility Revenue 0 0 490 0 0 0 0 0 0 490
TOTAL SOURCES 0 0 490 0 0 0 0 0 0 490
t
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516051
71
Utilities Committee DRAFT
January 17, 2007 5:00 p.m.
Present: Joan Hernandez, Chair; Jim Haggerton, Council members.
Jim Morrow, Director of Public Works; Frank Iriarte, Deputy Director; Bob Giberson,
Acting City Engineer; Mike Cusick, Senior Engineer; Pat Brodin; and Diane Jenkins,
Administrative Assistant to the Council.
Business Aeenda
A. 2007 Public Works Utility Issues
Mr. Morrow reviewed the issues and priorities of the utilities committee for 2007. He
highlighted the National Pollutant Discharge Elimination System (NPDES) Phase II project.
This is an unfunded mandate and will have significant impact on the city, both from the service
which needs to be provided and reporting /staffing requirements. The city has five years to meet
all requirements. There have been significant strides taken to make certain that permit
conditions would be met. This and other items on the list will impact policy and funding
decisions of the council. Ms. Hernandez inquired how much this unfunded mandate will cost the
district. Mr. Morrow replied $75,000- $80,000 a year. The city may receive the permit and also
consider joining an appeal on the issuance of the permit. Mr. Morrow solicited additional input
from committee members on items they would like to have brought forward. Mr. Haggerton
suggested that field trips to sites being discussed would be helpful. Discussion.
B. Southcenter Blvd. Water Main Bid Award
Mr. Cusick provided an update on the replacement of the cast iron Southcenter Blvd. Water
main. This line was damaged in the 2001 earthquake and the main was repaired. He described
the rerouting of this pipe. Mr. Morrow conveyed that the council was recently briefed on the
increases in the cost of construction materials /projects. The original estimate for this project was
$490,000 and increased to $620,000; the preliminary budget was already complete so was unable
to transfer funds then. It was proposed to delay the Interurban Ave. South Waterline project and
transfer the funds allocated for that project ($440,000) to this project. $540,000 was originally
allocated for this project; this will bring the total project budget to $980,000. This will cover the
cost of construction and the next item construction management. Mr. Haggerton asked if the
Interurban Ave. South project could be delayed. Mr. Morrow replied affirmatively. He noted
that the city is looking at a more aggressive approach to replace aging infrastructure, especially
cast iron pipes. Mr. Morrow indicated that the reserves in the Enterprise funds will be examined
to evaluate appropriate levels, especially in view of escalating construction costs. Mr. Haggerton
asked if steps are being taken to prevent earthquake damage. Mr. Cusick indicated that ductile
iron pipe e is being used which is more resistant to cracking. Ms. Hernandez requested that the
location of the new pipe, along with the existing location, be shown on the map and included in
the council information. Unanimous approval to move to Committee of the Whole for
discussion then to regular council.
C. Southcenter Blvd. Water Main Construction Management Services
Mr. Giberson reviewed the process used to obtain construction management services. Five firms
have master agreements and, as needed, supplemental agreements are developed which are task
oriented for a specific project. A supplemental agreement has been negotiated with Anchor
Environment in the amount of $89,615.00 for construction management of the Southcenter Blvd.
Water Main project. Unanimous approval to move to Committee of the Whole for
discussion then to regular council.
Tentative Agenda Schedule
MONTH M EETING_ 1 MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
January 2 (Tuesday) 8 16 (Tuesday) 22
1�t
New Years Day See agenda packet
(City offices closed) cover sheet for this
week's agenda
15th (Januany 22, 2007
M.L. King, Jr. Day Committee of the
(City offices closed) Whole meeting).
29th
Fifth Monday of the
month no Council COMMITTEE OF THE
meeting scheduled WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING
February 5 12 20 (Tuesday) 26
Special Presentation:
19th Special Presentation:
Highway 99 Action Annual Tourism
Presidents' Day Committee
(City offices closed) Community Report
(Katherine Kertzman)
March 5 12 19 26
Unfinished Business:
2007 Comprehensive
Plan amendments
(public meeting format)
Upcoming Meetings Events
JANUARY FEBRUARY 2007
22nd (Monday) 23rd (Tuesday) 24th (Wednesday) 25th (Thursday) 26th (Friday) 27th (Saturday)
>Transportation Community COPCAB, Planning Highway 99
Cmte, Affairs Parks 6:30 PM Commission, Trash Pickup
5:00 PM Cmte, (CR g5) 7:00 PM
(CR 41) 5:00 PM (Council Day
(CR €3) Chambers) 9:00 1 0:00 AM
City Council For location call
Committee of the e, Court Donna at
Whole Mtg., 206-242 -5556
7 :00 PM
(Council r r
Chambers)
C.O.W. To BE
IMMEDIATELY
FOLLOWED BY A
SPECIAL
MEETING
29th (Monday) 30th (Tuesday) 31st (Wednesday) 1st (Thursday) 2nd (Friday) 3rd (Saturday)
Fifth Monday of pUBLIC HEARING Equity
the month (no Diversity
Council meeting PCL Construction Commission
scheduled) noise variance 5:00 PM
request (Showalter
6:00 PM Middle School
Council Chambers Library)
Court
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 Kimberly Matej at 206 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Damon at 206 -575 -1633.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 2nd Mon., 5 :00 PM, Conf. Room 63. Contact Bev Willison at 206- 433 -1844.
Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 63. Agenda items for 1/23/07 meeting:
(A) Southcenter Square street names. (B) 2007 Comprehensive Plan amendments.
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 65. Contact Police Department at 206- 433 -7175.
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf Room #5. Contact Evie Boykan or Stacy Hansen at 206 -433 -7180.
>Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Diane Jenkins at 206- 433 1834.
>Finance Safety Committee: 1st 3rd Mon., 5:00 PM, Conf. Room r3.
>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 Kertzman at 206- 575 2489.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Kimberly Matej at 206- 767 -2342.
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 item for 1/22/07 meeting: (A) 2007 Overlay
Program consultant selection and agreement.
Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 11.
Court Busy Court and. /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).