HomeMy WebLinkAboutCOW 2006-04-10 COMPLETE AGENDA PACKET ;q',, Tukwila City Council Agenda
RD/ COMMITTEE OF THE WHOLE
vl r� r O Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez
`r FAV Rhonda Berry, City Administrator Pam Carter Jim Haggerton
Dennis Robertson, Council President Pamela Linder Verna Griffin
Monday, April 10, 2006; 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL Tukwila Village: status update and presentation of
PRESENTATIONS mixed -use, town home concept;
Derek Speck, Economic Development Administrator.
Overview of Tukwila Police Department Traffic Unit;
Police Chief Dave Haynes.
3. CITIZEN At this time, you are invited to comment on items not included
COMMENT on this agenda. To comment on an item listed on this agenda, please
save your comments until the issue is presented for discussion.
4. SPECIAL a. Proposed ordinance establishing a Relocation Assistance
ISSUES Program.
b. Clarification of the Tukwila Municipal Code regarding public
improvements.
c. 2005/2006 Small Drainage Program Design Supplement.
d. Allentown /Foster Point Water and Sewer Improvements;
Construction Management Services Supplement #1 with
DMJM Harris.
e. Maule Avenue /Campbell Hill /58th Avenue South Waterlines;
Construction Management Services Supplement #1 with
Anchor Environmental.
5. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. 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
t w
s k r I ru t za l s ITEM NO.
N S� 101 A'Ieetinq Date Prepared by Mayor's review Council review
'`n ;os 1 04/10/06 1 kas /sl 1 h 1 0, 1k,
ITEM INFORMATION
CAS NUMBER. C 0 3 8 I ORIGINAL AGENDA DATE: APRIL 10, 2006
AGENDA ITEM TITLE Relocation Assistance Ordinance
CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date Aftg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S To adopt State standards for Relocation Assistance.
SUMMARY
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE. March 28, 2006
RECOMMENDATIONS:
SPONSOR /ADMIN. Forward to CC for adoption
COMMrI1EE _Unanimous approval; forward to COW for discussion.
COST IMPACT FUND SOU- RCE-
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$o $o $o
Fund Source: N/A
Comments: Any funds expended by the City are placed in tax lien against property owner to be repaid
',with'', 2 arc
1 _MTG. DATE 1 RECORD -OF COUNCIL ACTION
4/10/06
MTG. DATE ATTACHMENTS
4 -10 -06 Memo to COW from Steve Lancaster
CA &P Packet with draft ordinance
RCW 59.18.085 Rental of condemned or unlawful dwelling (State statute)
RCW 35.80.030 Permissible ordinances Appeal (State statute on Tax Liens)
CA &P Minutes
City ofTukwila
6300 Southcenter Boulevard _ Tukwila, Washington 98188
MEMORANDUM
To: Committee of the Whole
From: Steve Lancaster/Kathy StetsonJ\lo.)~Li
Date: April 3, 2006
Subject: Relocation Assistance Ordinance
The State adopted Relocation Assistance legislation last year which requires landlords to
pay their tenants if their rental units are condemned or declared unfit for occupancy. The
legislation permits cities to pay this amount to the tenants if the landlord fails to do so
within the time allowed and provides cities with a mechanism to recoup these "loans" from
the landlord in the form of a tax lien.
The City Attorney has advised that the City formally adopt the State's regulations into the
TMC as a way to enforce and manage the Relocation Assistance process more
effectively.
The CA&P Committee reviewed this draft ordinance at their March 28, 2006 meeting and
have forwarded it to the COW for discussion and consideration.
A public hearing is not required to adopt this ordinance. Staff recommends that this item
be placed on the agenda for adoption at the next Regular Meeting of the City Council.
Department of Community Development
206-431-3670
\\Tuk2\vol2\PLANNING\Code Enforcement\Kathy\Relocation Assistance\Memo to COW.doc
City ofTukwila
6300 Southcenter Boulevard _ Tukwila, Washington 98188
MEMORANDUM
To:
From:
Community Affairs and Parks Committee
t-llt
Steve Lancaster/Kathy Stetso~}l cvY
March 23, 2006
Date:
Subject:
Relocation Assistance Ordinance
Issue
Should the City adopt legislation requiring owners of uninhabitable rental units to provide
relocation assistance to their affected tenants?
Back~round
The State Legislature unanimously passed legislation in May 2005 (effective July 24,
2005) which requires landlords to provide relocation assistance for tenants who have
been displaced due to substandard conditions when enforcement action is taken
against the landlord by the local jurisdiction. The ordinance specifies the dollar amount
and the timetable for payment to the tenants. It gives the City the authority to advance
the assistance to the tenants if the landlord fails to do so under the established
timetable, and provides the City with the means to recover these funds through a tax
lien.
The need for such an ordinance was illustrated last year by problems at an apartment
complex in Tukwila. The landlord was several years in arrears on payments to Seattle
City Light for the complex's common areas. Code Enforcement was notified by Seattle
City Light that they were about to shut off all power to the complex at the pole Lack of
electrical power renders the apartments "uninhabitable" under the International Property
Maintenance Code, Chapter 6, Sections 604 and 605. Although- the landlord eventually
paid his debt and the power was not turned off, the City was contemplating the prospect
of condemning all 40 units and displacing the tenants. Without the "relocation
assistance" provisions recently adopted by the legislature, the City did not have the
tools to compel the landlord to make accommodations for his displaced tenants, nor did
Department of Community Development
206-431-3670
\\Tuk2Ivo/2\PLANN/NGICode EnforcementlKathylRe/ocation AssistancelMemo to CAP3.doc
Relocation Assistance Ordinance
Memo to CA&P
March 23, 2006
Page 2
we have the ability to "loan" the money to the tenants directly, since we did not have any
legal means of enforcing repayment by the landlord
At the recommendation of our City Attorney, in order for the City of Tukwila to utilize this
tool to address derelict rental property, it is necessary for the City to formally adopt this
legislation by ordinance.
Proposed Ordinance
Below are some of the highlights\of the State legislation'
1. If the City has notified a landlord that a dwelling is condemned or unlawful to
occupy, the landlord may not enter into a rental agreement with anyone until the
conditions are corrected. A violation of this entitles the tenant to three month's rent
or triple actual damages sustained, whichever is greater, plus the costs of the
lawsuit and attorney's fees.
2. If the city has notified the landlord that a dwelling will be condemned or is "unlawful
to occupy due to the existence of conditions that violate applicable codes .. a
landlord, who knew or should have known of the existence of these conditions,
shall be required to pay relocation assistance to the displaced tenants, .." with
exceptions noted below:
3. Exceptions include:
Conditions caused by the tenants or a third party's illegal conduct;
Conditions arising from a natural disaster;
As a result of the acquisition of the property by eminent domain.
4. Amount of assistance is either $2000 per dwelling or three times the monthly rent,
whichever is qreater, plus entire amount of any deposit prepaid by the tenant and
any prepaid rent.
5. Landlord must pay this amount within seven days of the notice of condemnation,
eviction or displacement order issued by the City Landlord can either pay the
amount directly to the tenant, or pay the amount to the City, who will then distribute it
to the tenant.
6. If the landlord fails to make this payment within seven days, the City can advance
the cost of the relocation assistance payments to the tenants.
7. The landlord may not evict the tenant, harass the tenant, reduce services to the
tenant or materially increase or change the rent, etc. during this seven day period
\\Tuk2\voI2\PLANNING\Code Enforcement\Kathy\Relocation Assistance\Memo to CAP3.doc
Relocation Assistance Ordinance
Memo to CA&P
March 23, 2006
Page 3
8 The tenant is entitled to also recover any actual damages sustained by them as a
result of the condemnation that exceeds the amount of the assistance and may bring
a lawsuit for such damages. Damages can also include attorney's fees, etc
9. If the City advances the relocation fees to the displaced tenant, the landlord must
repay the loan within 60 days If the landlord fails to repay within 60 days the City
shall assess a civil penalty of $50.00 per day per tenant. The debt will also accrue
interest on the advanced amount at the maximum legal rate of interest permitted
under RCW 19.52.020, commencing 30 days after the date of the payment to the
tenants.
1 O.lf the City must sue to recover the amount of relocation assistance, the City is
entitled to interest and penalties as well as attorneys' fees and costs.
11. The City is required to notify the tenants of their rights to relocation assistance
under this law at the time the property is condemned.
12 The law also references the "the tax lien" statutes of RCW 35.80.030 (adopted by
the City in late 2004 as TMC 8.45 200), wherein the City is entitled to attach the
relocation assistance payments and any penalties as a tax lien against the property
if the repayment is not made in a timely manner by the landlord. This includes all
penalties and interest as well.
Alternatives
1 Adopt the new legislation and use these tools to assist displaced tenants
2. Do not adopt the state legislation and continue to encourage landlords to "do the
right thing" for their affected tenants.
3. Discontinue enforcement action against derelict properties.
Recommendations
Forward to the next scheduled COW meeting for discussion on adoption of the new
Relocation Assistance ordinance.
\\Tuk2\voI2\PLANNING\Code Enforcement\Kathy\Relocation Assistance\Memo to CAP3.doc
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A RELOCATION ASSISTANCE
PROGRAM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of lukwila is committed to ensuring that decent, safe and
sanitary housing fit for human habitation is available to its citizenry; and
WHEREAS, landlords are responsible for maintaining their occupied rental units in
a condition that is fit for human habitation, and
WHEREAS, the Revised Code of Washington authorizes the City of Tukwila to
declare housing units unfit for occupancy if the City determines that certain egregious
violations exist under guidelines outlined in the City's adopted Building, Fire or
Property Maintenance Codes; and
WHEREAS, certain tenants in the City of Tukwila may continue to live in rental
housing that does not meet the City's minimum standards for health and safety because
they cannot afford to pay the costs of relocation, and
WHEREAS, if the City declares rental units unfit for human habitation, the
landlord may be obligated under RCW 59 18.085 to provide relocation assistance to
displaced tenants, and
WHEREAS, the City of Tukwila may provide relocation assistance to displaced
tenants in the event that the landlord fails to do so; and
WHEREAS, the City of Tukwila desires to be reimbursed for any such relocation
assistance that the City advances to displaced tenants,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. A relocation assistance program is hereby established, codified at
Tukwila Municipal Code Chapter 8.46, to read as follows:
8.46.010 Purpose
The purpose of this chapter is to establish, pursuant to RCW 59.18085, a relocation
assistance program for tenants whose dwellings have been condemned by the City
8.46.020 Notification of Relocation Assistance
At the time the City notifies a landlord that a dwelling is condemned or unlawful to
occupy due to the existence of conditions that violate applicable codes, statutes,
ordinances, or regulations, the City shall also notify both the landlord and the tenant(s)
that the tenant(s) may be entitled to relocation assistance from the landlord under RCW
59 18.085
8.46.030 Advancement of Relocation Assistance
If the City determines that the tenant(s) are entitled to relocation assistance, and the
landlord has failed to provide the tenant(s) v-rith relocation assistance within seven days
of the City notifying the landlord of the condemnation, eviction or displacement order,
the City may advance the cost of relocation assistance to the tenant(s). The amount of
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relocation assistance advanced shall be no more than $2,000 or three times the monthly
rent, whichever is greater
8.46.040 Reimbursement of Relocation Assistance
The landlord shall reimburse the City the relocation assistance advanced by the
City to the tenant(s) within 60 days from the date that the City first advanced said
funds.
8.46.050 Penalty
Failure by the landlord to repay the City for the advanced relocation assistance
within 60 days shall result in the assessment of civil penalties in the amount of $50 per
day for each displaced tenant. In addition, interest shall accrue at the maximum legal
rate of interest permitted under RCW 19.52.020, commencing 30 days after the date the
City first advanced relocation assistance funds to the displaced tenant(s) The City shall
also be entitled to attorney'',S fees and costs arising from any legal action taken to
recover unpaid relocation assistance, penalties and interest. The City may also recover
advanced relocation assistance, penalties and interest pursuant to TMC 845.200
Remediation/Penal ties.
8.46.060 Exemption from Reimbursement of Relocation Assistance
A. The landlord may be exempt from reimbursing the City for relocation
assistance if the landlord can demonstrate by a preponderance of the evidence within
seven days of the City sending notice of the condemnation, eviction or displacement
order that the condition(s) causing the dwelling to be condemned or unlawful to occupy
was directly caused by'
1. a tenant's or any third party's illegal conduct without the landlord's prior
knowledge;
2. a natural disaster, such as an earthquake, tsunami, wind storm or
hurricane; or
3. the acquisition of the property by eminent domain.
B. Relocation assistance will not be advanced to a tenant who has entered into a
rental agreement after official notice has been given to the landlord, but. before the
violations have been corrected.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2006.
ATIEST/ AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number
Office of the City Attorney
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RCW 59.18.085: Rental of condemned or unlawful dwelling - Tenant's remedies - ReI... Page 1 of2
RCW 59.18.085
Rental of condemned or unlawful dwelling - Tenant's remedies -
Relocation assistance - Penalties.
(1) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has
notified the landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate
applicable codes, statutes, ordinances, or regulations, a landlord shall not enter into a rental agreement for the dwelling
unit until the conditions are corrected.
(2) If a landlord knowingly violates subsection (1) of this section, the tenant shall recover either three months' periodic
rent or up to treble the actual damages sustained as a result of the violation, whichever is greater, costs of suit, or
arbitration and reasonable attorneys' fees. If the tenant elects to terminate the tenancy as a result of the conditions
leading to the posting, or if the appropriate governmental agency requires that the tenant vacate the premises, the tenant
also shall recover:
(a) The entire amount of any deposit prepaid by the tenant; and
(b) All prepaid rent.
(3)(a) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has
notified the landlord that a dwelling will be condemned or will be unlawful to occupy due to the existence of conditions
that violate applicable codes, statutes, ordinances, or regulations, a landlord, who knew or should have known of the
existence of these conditions, shall be required to pay relocation assistance to the displaced tenants except that:
(i) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the
condemnation or no occupancy order affects one or more dwelling units and directly results from conditions caused by a
tenant's or any third party's illegal conduct without the landlord's prior knowledge;
(ii) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the
condemnation or no occupancy order affects one or more dwelling units and results from conditions arising from a
natural disaster such as, but not exclusively, an earthquake, tsunami, wind storm, or hurricane; and
(Hi) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which a
condemnation affects one or more dwelling units and the tenant's displacement is a direct result of the acquisition of the
property by eminent domain.
(b) Relocation assistance provided to displaced tenants under this subsection shall be the greater amount of two
thousand dollars per dwelling unit or three times the monthly rent. In addition to relocation assistance, the landlord shall
be required to pay to the displaced tenants the entire amount of any deposit prepaid by the tenant and all prepaid rent.
(c) The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent to displaced tenants within
seven days of the governmental agency sending notice of the condemnation, eviction, or displacement order to the
landlord. The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent either by making
individual payments by certified check to displaced tenants or by providing a certified check to the governmental agency
ordering condemnation, eviction, or displacement, for distribution to the displaced tenants. If the landlord fails to
complete payment of relocation assistance within the period required under this subsection, the city, town, county, or
municipal corporation may advance the cost of the relocation assistance payments to the displaced tenants.
(d) During the period from the date that a governmental agency responsible for the enforcement of a building,
housing, or other appropriate code first notifies the landlord of conditions that violate applicable codes, statutes,
ordinances, or regulations to the time that relocation assistance payments are paid to eligible tenants, or the conditions
leading to the notification are corrected, the landlord may not:
(i) Evict, harass, or intimidate tenants into vacating their units for the purpose of avoiding or diminishing application of
this section;
(ii) Reduce services to any tenant; or
(Iii) Materially increase or change the obligations of any tenant, including but not limited to any rent increase.
(e) Displaced tenants shall be entitled to recover any relocation assistance, prepaid deposits, and prepaid rent
required by (b) of this subsection. In addition, displaced tenants shall be entitled to recover any actual damages
sustained by them as a result of the condemnation, eviction, or displacement that exceed the amount of relocation
http://apps.leg.wa.gov/RCW /default.aspx?cite=59 .18. 085
03/17/2006
RCW 59.18.085: Rental of condemned or unlawful dwelling - Tenant's remedies - ReI... Page 20f2
assistance that is payable. In any action brought by displaced tenants to recover any payments or damages required or
authorized by this subsection (3)(e) or (c) of this subsection that are not paid by the landlord or advanced by the city,
town, county, or municipal corporation, the displaced tenants shall also be entitled to recover their costs of suit or
arbitration and reasonable attorneys' fees.
(f) If, after sixty days from the date that the city, town, county, or municipal corporation first advanced relocation
assistance funds to the displaced tenants, a landlord has failed to repay the amount of relocation assistance advanced
by the city, town, county, or municipal cOrporation under (c) of this subsection, then the city, town, county, or municipal
corporation shall assess civil penalties in the amount of fifty dollars per day for each tenant to whom the city, town,
county, or municipal corporation has advanced a relocation assistance payment.
(g) In addition to the penalties set forth in (f) of this subsection, interest will accrue on the amount of relocation
assistance paid by the city, town, county, or municipal corporation for which the property owner has not reimbursed the
city, town, county, or municipal corporation. The rate of interest shall be the maximum legal rate of interest permitted
under RCW 19.52.020, commencing thirty days after the date that the city first advanced relocation assistance funds to
the displaced tenants.
(h) If the city, town, county, or municipal co~poration must initiate legal action in order to recover the amount of
relocation assistance payments that it has advanced to low-income tenants, including any interest and penalties under (f)
and (g) of this subsection, the city, town, county, or municipal corporation shall be entitled to attorneys' fees and costs
arising from its legal action.
(4) The government agency that has notified the landlord that a dwelling will be condemned or will be unlawful to
occupy shall notify the displaced tenants that they may be entitled to relocation assistance under this section.
(5) No payment received by a displaced tenant under this section may be considered as income for the purpose of
determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of
any tax imposed under Title 82 RCW, and the payments shall not be deducted from any amount to which any recipient
would otherwise be entitled under Title 74 RCW
[2005 c 364!i 2; 1989 c 342!i 13.]
Notes:
Purpose - 2005 c 364: "The people of the state of Washington deserve decent, safe, and sanitary housing.
Certain tenants in the state of Washington have remained in rental housing that does not meet the state's minimum
standards for health and safety because they cannot afford to pay the costs of relocation in advance of occupying
new, safe, and habitable housing. In egregious cases, authorities have been forced to condemn property when
landlords have failed to remedy building code or health code violations after repeated notice, and, as a result, families
with limited financial resources have been displaced and left with nowhere to go.
The purpose of this act is to establish a process by which displaced tenants would receive funds for relocation from
landlords who fail to provide safe and sanitary housing after due notice of building code or health code violations. It is
also the purpose of this act to provide enforcement mechanisms to cities, towns, counties, or municipal corporations
including the ability to advance relocation funds to tenants who are displaced as a result of a landlord's failure to
remedy building code or health code violations and later to collect the full amounts of these relocation funds, along
with interest and penalties, from landlords." [2005 c 364 ~ 1.]
Construction - 2005 c 364: "The powers and authority conferred by this act are in addition and supplemental to
powers or authority conferred by any other law or authority, and nothing contained herein shall be construed to
preempt any local ordinance requiring relocation assistance to tenants displaced by a landlord's failure to remedy
building code or health code violations."[2005 c 364 ~ 4]
http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.085
03/17/2006
RCW 35.80.030: PermissIble ordinances - Appeal.
Page 1 of3
RCW 35.80.030
Permissible ordinances - Appeal.
(1) Whenever the local governing body of a municipality finds that one or more conditions of the character described in
RCW 35.80.010 exist within its territorial limits, that governing body may adopt ordinances relating to such dwellings,
buildings, structures, or premises. Such.ordinances may provide for the following
(a) That an "improvement board" or officer be designated or appointed to exercise the powers assigned to such board
or officer by the ordinance as specified in this section. The board or officer may be an existing municipal board or officer
in the municipality, or may be a separate board or officer appointed solely for the purpose of exercising the powers
assigned by the ordinance.
If a board is created, the ordinance shall specify the terms, method of appointment, and type of membership of the
board, which may be limited, if the local governing body chooses, to public officers under this section.
(b) That if a board is created, a public offiCE\r, other than a member of the improvement board, may be designated to
work with the board and carry out the duties and exercise the powers assigned to the public officer by the ordinance.
(c) That if, after a preliminary investigation of any dwelling, building, structure, or premises, the board or officer finds
that it is unfit for human habitation or other use, he or she shall cause to be served either personally or by certified mail,
with return receipt requested, upon all persons having any interest therein, as shown upon the records of the auditor's
office of the county in which such property is located, and shall post in a conspicuous place on such property, a
complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other
use. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the board or officer
in the exercise of reasonable diligence, and the board or officer makes an affidavit to that effect, then the serving of such
complaint or order upon such persons may be made either by personal service or by mailing a copy of the complaint and
order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building
involved in the proceedings, and mailing a copy of the complaint and order by first class mail to any address of each
such person in the records of the county assessor or the county auditor for the county where the property is located.
Such complaint shall contain a notice that a hearing will be held before the board or officer, at a place therein fixed, not
less than ten days nor more than thirty days after the serving of the complaint; and that all parties in interest shall be
given the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and
place in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings
before the board or officer. A copy of such complaint shall also be filed with the auditor of the county in which the
dwelling, building, structure, or premises is located, and such filing of the complaint or order shall have the same force
and effect as other lis pendens notices provided by law
(d) That the board or officer may determine that a dwelling, building, structure, or premises is unfit for human
habitation or other use if it finds that conditions exist in such dwelling, building, structure, or premises which are
dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the
occupants of neighboring dwellings, or other residents of such municipality Such conditions may include the following,
without limitations: Defects therein increasing the hazards of fire or accident; inadequate ventilation, light, or sanitary
facilities, dilapidation, disrepair, structural defects, uncleanliness, overcrowding, or inadequate drainage. The ordinance
shall state reasonable and minimum standards covering such conditions, including those contained in ordinances
adopted in accordance with subsection (7)(a) of this section, to guide the board or the public officer and the agents and
employees of either, in determining the fitness of a dwelling for human habitation, or building, structure, or premises for
other use. .
(e) That the determination of whether a dwelling, building, structure, or premises should be repaired or demolished,
shall be based on specific stated standards on (i) the degree of structural deterioration of the dwelling, building, structure,
or premises, or (ii) the relationship that the estimated cost of repair bears to the value of the dwelling, building, structure,
or premises, with the method of determining this value to be specified in the ordinance.
(f) That if, after the required hearing, the board or officer determines that the dwelling is unfit for human habitation, or
building or structure or premises is unfit for other use, it shall state in writing its findings of fact in support of such
determination, and shall issue and cause to be served upon the owner or party in interest thereof, as is provided in (c) of
this subsection, and shall post in a conspicuous place on the property, an order that (i) requires the owner or party in
interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to
render it fit for human habitation, or for other use, or to vacate and close the dwelling, building, structure, or premises, if
such course of action is deemed proper on the basis of the standards set forth as required in (e) of this subsection; or (ii)
requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling,
building, structure, or premises, if this course of action is deemed proper on the basis of those standards. If no appeal is
filed, a copy of such order shall be filed with the auditor of the county in which the dwelling, building, structure, or
premises is located.
http:// apps.leg. wa.gov IRCW 1 default.aspx?cIte= 35.80.030
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RCW 35.80.030: Permissible ordinances - Appeal.
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(g) That the owner or any party in interest, within thirty days from the date of service upon the owner and posting of
an order issued by the board under (c) of this subsection, may file an appeal with the appeals commission.
The local governing body of the municipality shall designate or establish a municipal agency to serve as the appeals
commission. The local governing body shall also establish rules of procedure adequate to assure a prompt and thorough
review of matters submitted to the appeals commission, and such rules of procedure shall include the following, without
being limited thereto (i) All matters submitted to the appeals commission must be resolved by the commission within
sixty days from the date of filing therewith and (ii) a transcript of the findings of fact of the appeals commission shall be
made available to the owner or other party in interest upon demand.
The findings and orders of the appeals commission shall be reported in the same manner and shall bear the same
legal consequences as if issued by the board, and shall be subject to review only in the manner and to the extent
provided in subsection (2) of this section.
If the owner or party in interest, following exhaustion of his or her rights to appeal, fails to comply with the final order
to repair, alter, improve, vacate, close, remoVe, or demolish the dwelling, building, structure, or premises, the board or
officer may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and
closed, removed, or demolished
(h) That the amount of the cost of such repairs, alterations or improvements, or vacating and closing; or removal or
demolition by the board or officer, shall be assessed against the real property upon which such cost was incurred unless
such amount is previously paid. For purposes of this subsection, the cost of vacating and closing shall include (i) the
amount of relocation assistance payments that a property owner has not repaid to a municipality or other local
government entity that has advanced relocation assistance payments to tenants under RCW 5918.085 and (ii) all
penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these
relocation assistance payments under RCW 59.18.085 Upon certification to him or her by the treasurer of the
municipality in cases arising out of the city or town or by the county improvement board or officer, in cases arising out of
the county, of the assessment amount being due and owing, the county treasurer shall enter the amount of such
assessment upon the tax rolls against the property for the current year and the same shall become a part of the general
taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in
RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the
municipality. If the dwelling, building, structure, or premises is removed or demolished by the board or officer, the board
or officer shall, if possible, sell the materials of such dwelling, building, structure, or premises in accordance with
procedures set forth in the ordinance, and shall credit the proceeds of such sale against the cost of the removal or
demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the
board or officer, after deducting the costs incident thereto.
The assessment shall constitute a lien against the property which shall be of equal rank with state, county and
municipal taxes.
(2) Any person affected by an order issued by the appeals commission pursuant to subsection (1 )(g) of this section
may, within thirty days after the posting and service of the order, petition to the superior court for an injunction restraining
the public officer or members of the board from carrying out the provisions of the order In all such proceedings the court
is authorized to affirm, reverse, or modify the order and such trial shall be heard de novo
(3) An ordinance adopted by the local governing body of the municipality may authorize the board or officer to
exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this
section. These powers shall include the following in addition to others granted in this section: (a) (i) To determine which
dwellings within the municipality are unfit for human habitation; (ii) to determine which buildings, structures, or premises
are unfit for other use; (b) to administer oaths and affirmations, examine witnesses, and receive evidence; and (c) to
investigate the dwelling and other property. conditions in the municipality or county and to enter upon premises for the
purpose of making examinations when the board or officer has reasonable ground for believing they are unfit for human
habitation, or for other use: PROVIDED, That such entries shall be made in such manner as to cause the least possible
inconvenience to the persons in possession, and to obtain an order for this purpose after submitting evidence in support
of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is
denied or resisted.
(4) The local governing body of any municipality adopting an ordinance pursuant to this chapter may appropriate the
necessary funds to administer such ordinance.
(5) This section does not abrogate or impair the powers of the courts or of any department of any municipality to
enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the
powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law
http://apps.leg.wa.gov/RCW/default.aspx?cite=35. 80.030
03/17/2006
RCW 35.80.030: Permissible ordinances - Appeal.
Page 3 of3
(6) This section does not impair or limit in any way the power of the municipality to define and declare nuisances and
to cause their removal or abatement, by summary proceedings or otherwise.
(7) Any municipality may by ordinance adopted by its governing body (a) prescribe minimum standards for the use
and occupancy of dwellings throughout the municipality or county, (b) prescribe minimum standards for the use or
occupancy of any building, structure, or premises used for any other purpose, (c) prevent the use or occupancy of any
dwelling, building, structure, or premises, that is injurious to the public health, safety, morals, or welfare, and (d)
prescribe punishment for the violation of any provision of such ordinance.
[2005 c 364 S 3; 1989 c 133 S 3; 1984 c 213 S 1, 1973 1st ex.s. C 144 S 1, 1969 ex.s. C 127 S 3; 1967 C 111 S 3; 1965 c 7 S 35.80.030. Prior'
1959 C 82 ~ 3.]
Notes:
Purpose - Construction--2005 c 364: See notes following RCW 59 18 085.
http://apps.leg. wa.govlRCW I default.aspx?cite=35. 80.030
03/17/2006
Commumty Affairs and Parks Committee
March 28, 2006
Present:
Joan Hernandez, Chair; Joe Duffie, Pamela Linder.
Steve Lancaster, Brandon Miles, Jim Morrow, Jack Pace, Kathy Stetson, David
Tully.
Committee Chair Hernandez called the meeting to order at 5:00 PM.
;
1. Clarification of TMC - Public improvements. Public Works Director JIm Morrow
provided some background regardmg the city's requirements for mfrastructure improvements for
plats and subdivisions. He indicated that certain language in the City's SubdIvIsion Code may
not be clear in describing City policy regarding bonding versus actual completIOn of required
improvements. It has been the City's policy that all major infrastructure (sewer, water,
stormwater, streets) must be substantially completed before a short plat or final subdivision plat
may be filed for record. Mr. Morrow described the problems that may anse if mdividuallots are
allowed to be sold prior to these improvements being completed. He went on to state that
bonding may be appropriate for certain items, such as sidewalks, the final lift of asphalt paving
and "punch list" items, and that these items are considered on a case-by-case basis.
Mr. Morrow described proposed changes to Chapter 17.24 1MC that would more accurately
reflect City policy on this issue. These changes have been reviewed by the City Attorney and the
Department of Community Development. In addition to proposed revisIons included m the
meeting agenda, he distributed a new proposed "Purpose" section (copy attached).
Mr. Morrow mentioned that the City Attorney has suggested a minor revision to the language
proposed for Section 17.24.030A. The Committee discussed some additional minor edits to the
"Purpose" section and to Section 17.24.030B. Mr. Morrow will distribute a revised "mark-up"
version of Chapter 17.24 reflecting these changes. Mr. Morrow and Mr. Lancaster also reported
that the recent change to the preliminary plat approval process (now heard by the Planmng
Commission rather than the CIty Council) requires some additional "housekeeping" changes to
this Chapter. They will also be incorporated into the revised draft.
The Committee thanked Mr. Tully for bringing this issue to the City's attention, and asked ifhe
had any comments. Mr. Tully indicated support for the proposed clarifications. Forward to
. COW.
~ Relocation Assistance Ordinance. Code Enforcement Officer Kathy Stetson reported that
~ l,~giSlation adopted. by the 2005 state legislature provides some improved tools for dealIng with
difficult code enforcement Issues involving residential tenants. Under thIS legislatIOn, landlords
can be reqUIred to provide cash relocation assistance to tenants dIsplaced due to CIty actions to
correct substandard lIVing conditIOns. Ms. Stetson explamed the key provIsions of the new law,
indicating that TukwIla must formally adopt provIsions of the legIslation m order to utilIze this
new tool. Under the proposed ordmance, If the landlord has been notified by the City that one or
Q'\COUNCIL\CAP\Minutes 3-28-06 doc-sJI-Created on 03/29/2006 4:35.00 PM
Page I of2
more dwelhng UnIts are unlawful to occupy due to condItIOns that the landlord knew about or
should have known about, affected tenants are entitled to relocatIon assIstance of $2000 per UnIt
or three times the monthly rent, whichever is greater lfthe landlord fails to make payment
within seven days of notIficatIOn, the CIty can advance these relocatIOn costs to the tenant and
collect from the landlord, via a tax lien if necessary. The legIslation also contaInS provIsions
protecting landlords from conditIOns over which they have no control (e.g., natural dIsaster or the
unlawful acts of tenants or others), and prohibIting retaliation against tenants.
Councilmember Linder asked whether Human ServIces has revIewed this proposal. Ms. Stetson
indicated Human Services staff has been involved throughout development of this proposal and
is very supportive. Forward to CO\\\-V.
3. Wireless Communication Facilities. Steve Lancaster mtroduced the tOpIC by explaming that
Tukwila does not have regulations specific to wireless communication facilities. We have
managed the location and configuration of these facilities through our conditional use penmt
process, even though CUP decision cnteria do not always address the umque Issues associated
with such facilities. He indicated that the proposed strategy for managIng these facilities would
provide incentives and streamlined processes for low impact facilities and more rigorous
standards and reVIew processes for facilities likely to impact residential areas.
Brandon Miles reviewed the memo provided in the Committee agenda, highlIghting signIficant
policy issues such as height limits, appropriate use of monopoles, special considerations for
residential areas, use of existing utility towers and poles, encouraging "stealth" facilities (those
that are hidden or camouflaged by architectural or other treatments), deCISIOn processes and
related issues. He distributed photographs depicting various types of facilIties and treatments,
and summarized staff recommendations for each of the issue areas. Staff is recommending that a
new chapter be developed for the Zoning Code, addressing wireless communication facilities,
and that the issue be referred to the Planning Commission to develop a proposed ordinance for
City Council consideration. Referred to Planning Commission to develop recommendations
to the CO\V.
4. Miscellaneous. Councilmember Linder stated she has been contacted by SeaTac City
Councilmember Wythe, who has suggested that the Community AffaIrs and Parks CommIttee
and SeaTac's Land Use and Parks Committee meet together to provide an opportunity to discuss
issues of mutual interest. Committee Chair Hernandez agreed to contact Mr. Wythe and Invite
SeaTac's committee to a future CAP meeting, and asked Mr. Lancaster to coordmate with
SeaTac Planning Director Steve Butler.
With no addItional business to come before the Committee, the meeting was adjourned at 6: 15
PM.
Minutes by S. Lancaster
~ Committee Chair approval.
Q'\COUNCIL\CAP\Mmutes 3-28-06.doc-sjl-Created on 03/29/2006 4.35.00 PM
Page 2 of2
COUNCIL AGENDA SYNOPSIS
O i S7AIP i2 Initials ITEM NO.
Q i ;8, I I Meettnk Date Prepared by I Mayor's renew Conned review
`1.11) x'_ I 4/10/06 7M ,t 41,-,
1
1 1 1
ITEM INFORMATION
CAS NUMBER. 06-039 I ORIGINAL AGENDA DATE. APRIL 10, 2006
AGENDA ITEM TITLE Clarification of TMC Chapter 17.24 Procedures for Public Improvements
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other
Mtg Date 4/10/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD El Finance Fire Legal P &R Police PW
SPONSOR'S Clarification is needed for Tukwila Municipal Code 17.24.030 to clearly state City policy
SUMMARY with regards to completing infrastructure improvements prior to final plat approval. The
clarifying language comes from RCW 58.17.130 and has been endorsed by the City
Attorney. The changes to the TMC will be included in a future ordinance when the entire
Chapter is updated by DCD.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE. 3/28/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize changes in TMC 17.24.030
COM arrEE Forward to COW for discussion only at this time.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
4/10/06 1
MTG. DATE I ATTACHMENTS
4/10/06 I Information Memo dated March 22, 2006
Tukwila Municipal Code Changer 17.24 with updates
Community Affairs and Parks Committee Meeting Minutes from March 28, 2006
INFORMATION MEMORANDUM
Date:
Mayor Mullet
Public W arks Directo~
March 22, 2006
To:
From:
Subject:
Clarification of Tukwila Municipal Code - Public Improvements
ISSUE:
Clarification of Tukwila Municipal Code 17.24 to more clearly define City policy.
DISCUSSION:
City policy has been to require an applicant to construct any required infrastructure
improvements (roads, sewer, water, surface water drainage, street lights, sidewalks, etc.)
associated with a proposed short plat or subdivision before the approval for the final plat
is granted. The City has allowed the applicant to submit a bond for the completion of
certain improvements (final lift for the roadway, sidewalks, punch list items, etc.) and if
the bond is satisfactory, final plat approval has been granted.
At the March 7th meeting of the Community Affairs and Parks Committee, Mr. David
Tully of Tully Homes raised an issue of possible conflict between the City's code,
specifically TMC 17.24.030, and the aforementioned policy for bonding of subdivision
plat improvements. Mr. Tully felt that the TMC 17.24.030 would allow him to bond for
all of the actual construction work in lieu of actually performing the work. When
apprised of City policy, Mr. Tully requested a review of the code and the policy to ensure
that both are in alignment.
The proposed change to the existing language is attached and highlighted in red. This
clarifying language comes from RCW 58.17.130 and has been endorsed by the City
Attorney. The City's existing policy follows the options provided by the RCW and the
proposed clarifying language should clear up any ambiguity.
RECOMMENDATION:
Endorse the proposed change to TMC 17.24.030 and forward to the Committee of the
Whole for further discussion.
Chapter 17.24
PROCEDURES FOR
PUBLIC IMPROVEMENTS
Sections:
17.24.010
l7.24.0.w20
l7.24.0;U)30
l7.24.0~0
Purpose
Plans and pennits required for public improvements
Process for installing public improvements
Improvement agreements and financial guarantees
17.24.010 Purpose
It Is the Intent to have all Infrastructure Improvements required by a subdivision, short plat,
binding site Improvement plan, or boundary line adjustment completed prior to final approval of
the proposed land action. The City realizes that there may be Instances where the completIOn of
the Improvement may not be the best course of actIOn, Including, but limited to: final lift for the
roadway, completing sidewalks while development construction Is ongoing, minor punch list
Items, etc. In those Instances, the Director of Public Works may accept a bond or other financial
security In lieu of the completion of the Infrastructure Improvements.
17.24.0W20 Plans and Dpermits required for public improvements
A. Approval of a preliminary plat, short plat, binding site improvement plan or boundary line
adjustment shall constitute approval for the applicant to develop construction plans and
specifications, for all facilities and improvements, in substantial conformance to the preliminary
approval, design standards, and any special conditions required by the Short Subdivision
Committee, Planning Commission, or City Council; to obtain permits and complete installation
for said improvements; and to prepare a [mal plat, plans, surveys and other documents for
recording.
B. Prior to installing improvements, the developer shall apply for all required permits for those
improvements. The applications shall include development plans as specified on the application
form. See TMC 11.08 and 11.12 for additional guidance on standards and permit requirments for
Improvements In the public right-of-way.
(Ord. 1833 9 I (part), 1998)
17.24.0W30 Process for installing public improvements
Improvements installed by the developer of the subdivision or short plat, either as a requirement or
of the subdividers own option, shall conform to the requirements of this title and improvement
standards, specifications, inspections and procedures as set forth by the Department of Public Works,
and shall be installed in accordance with the following procedures:
1. Work shall not be commenced until plans have been checked for adequacy and approved by
Public Works to the extent necessary for the evaluation of the subdivision or short plat proposal. +he
plaBs may be required before approval of tho final plat, if improvements are to be deferred. Plans shall
be prepared in accordance with the requirements of the City.
2. Work shall not commence until Public Works has been notIfied in advance and if work has
been discontinued for any reason, it shall not be resumed until Public Works has been notified.
3. Public improvements shall be constructed under the inspection and to the satisfaction of the
Director of PublIc Works. The City may require changes in typical sections and details if unusual
conditions arise during construction to warrant the change.
4. All underground utilities, sanitary sewers and stonn drains installed in the streets by the
developer of the subdivision or short plat shall be constructed prior to the surfacing of streets. Stubs for
service connections and underground utilities and samtary sewers shall be placed to a length obviating
the necessity for disturbing the street improvements when surface connections are made.
5 Plans showing all improvements as built shall be filed with the CIty upon completion of the
improvements.
(Ord. 1833 ~l(part), 1998)
17.24.0W40 Improvement agreements and financial guarantees
A. REQUIRED IMPROVE/vIENTS - Before any final subdivision, short plat, binding site
improvement plan or boundary line adjustment is finally approved, the subdivider shall install
required improvements and replace or repair any such improvements which are damaged in the
development of the subdivision. In lieu of the completion of the actual constructIOn installation of
all required improvements (public and private) and prior to the approval of a final plat, the Public
Works Director may accept a bond In ~n amount and with surety and conditions satisfactory to the
Director, or other secure method, providing for and securing to the City the actual constructIOn and
Installation of all required Improvements. This Is In addition to the requirements ofTMC 11.08
requiring a performance bond for all work being done In the public right-of-way. If the Public
Works Director accepts a bond for the completion of the work, the subdivider shall may--execute and
file with the City an agreement guaranteeing completion of such improvements together with any
needed replacement or r.epair. The agreement shall:
1. Specify the period of time within which all work required shall be completed. The time for
completion shall not exceed one year from the date of final approval of the subdivision. The agreement
may provide for reasonable extensions of time for completion of work. ExtensIOns must be requested,
approved by the Public Works Director City Council, and properly secured in advance of the required
initial completion date.
2. Require notice by the subdivider to the Public Works Director promptly upon completion of
all required improvements.
3. Provide for notice of approval or disapproval by the Pubhc Works Director of the
improvement within a reasonable time after receiving notice of completion.
4. Require financial security to be provided by the subdivider pursuant to TMC 17.24.030C.
5. Provide that if the subdivider fails to complete all required work wIthin the period specified,
the City may take steps to demand performance of the developer's obligation within a reasonable time
not to exceed 90 days from the date of demand.
6. Provide that if the required improvements are not completed within that time, the City may
take action to require the subdivider forfeit the financial security.
7. Provide that the City shall be entitled to recover all costs of such action including reasonable
attorney's fees.
8. Provide that following recovery of the proceeds of the financial security, those proceeds shall
be used to complete the required improvements and pay the costs incurred.
9. Provide that should the proceeds of the financial secunty be msufficIent for completion of
the work and payment of the costs, the City shall be entitled to recover the deficiency from the
subdivider.
B. MAINTENANCE AGREEMENT - Regardless of whether all required improvements are
completed prior to final approval of any subdivision of land, as a condition of such approval the
subdivider shall execute an agreement to assure successful operation of said improvements. See
TMC 11.08.110 for details. The agreement shall:
1. Require the subdivider to post a bond or other financial security to secure successful
operation of all required improvements and full performance of the developer's maintenance obligation.
Such financial security shall be effective for a two-year period following approval of installation of all
required improvements.
2. Require the subdivider to perform maintenance functions on drainage improvements for a
period of time not to exceed two years from approval of their completion or final plat approval,
whichever is later. Such mamtenance functions shall be specified by the Public Works Director and shall
be reasonably related to the burdens which the subdivision WIll impose on drainage facilities during the
time maintenance is required. The City Council may agree to accept and perform mamtenance of the
improvements, in which case the subdivider's obligation to perform mamtenance functions shall
terminate.
3. Not relieve the subdIvider of liabilIty for the defective condition of any reqUired
improvements discovered following the effective term of the security given.
4. Provide a waiver by the subdivider of all claims for damages against any governmental
authority which may occur to the adjacent land as a result of construction, drainage and maintenance of
the streets and other improvements.
C. PERFORMANCE BOND - To assure full performance of the agreements required herein, the
subdivider shall provide one or more of the following in a form approved by the City Attorney:
1. A surety bond executed by a surety company authorized to transact business in the State of
Washington.
2. An irrevocable letter of credit from a financial institution stating that the money is held for
the purpose of development of the stated project.
3. An assignment of account with a financial instItution which holds the money in an account
until such time the City signs a written release. The assignment of account will allow the CIty to
withdraw the funds ill the event the provisions of the agreement are not met.
4. A cash deposit made with the City of Tukwila.
D. Amount of Financial Security: The financial security provided shall be 150% of the estimated
cost of the improvements to be completed and all related engineering and incidental expenses, final
survey monumentation and preparation of reproducible mylar or electronic records in a format
approved by Public Works and meeting Current Public Works drawing standards of the "as-built"
improvements. The subdivider shall provide an estimate of these costs for acceptance by the Public
Works Director.
E. Defective Work: The acceptance of improvements by the City shall not prevent the City from
making a claim against the developer for any defective work if such is discovered within two years
after the date of completion of the work.
(Ord. 1833 ~1(part), 1998)
Commumty Affairs and Parks CommIttee
March 28, 2006
Present:
Joan Hernandez, Chair; Joe Duffie, Pamela Linder.
Steve Lancaster, Brandon Miles, JIm Morrow, Jack Pace, Kathy Stetson, DavId
Tully.
Committee Chair Hernandez called the meeting to order at 5:00 PM.
1. Clarification of TMC - Public Improvements. Public Works Director Jim Morrow
provided some background regarding the CIty'S requirements for infrastructure improvements for
plats and subdivisions. He indicated that certain language in the City's SubdIVision Code may
not be clear in describing City policy regardmg bonding versus actual completion of required
Improvements. It has been the City's policy that all major infrastructure (sewer, water,
storrnwater, streets) must be substantially completed before a short plat or final subdIvisIOn plat
may be filed for record. Mr. Morrow described the problems that may arise if indIvidual lots are
allowed to be sold prior to these improvements being completed. He went on to state that
bonding may be appropriate for certain items, such as sidewalks, the final lift of asphalt paving
and "punch list" items, and that these items are considered on a case-by-case basis.
Mr. Morrow described proposed changes to Chapter 17.24 TMC that would more accurately
reflect City policy on this issue. These changes have been reviewed by the City Attorney and the
Department of Community Development. In addition to proposed revisions included m the
meeting agenda, he distributed a new proposed "Purpose" section (copy attached).
0;
Mr. Morrow mentioned that the City Attorney has suggested a minor revision to the language
proposed for Section 17.24.030A. The Committee discussed some addItional minor edits to the
"Purpose" section and to Section 17.24.030B. Mr. Morrow will distribute a revised "mark-up"
version of Chapter 17.24 reflecting these changes. Mr. Morrow and Mr. Lancaster also reported
that the recent change to the preliminary plat approval process (now heard by the Planning
Commission rather than the City Council) requires some additional "housekeeping" changes to
this Chapter. They will also be incorporated into the revised draft.
The Committee thanked Mr. Tully for bringing this Issue to the City's attention, and asked ifhe
had any comments. Mr. Tully indicated support for the proposed clanfications. Forward to
COW.
2. Relocation Assistance Ordinan . Code forcement Officer Kathy Stetson reported that
legislation adopted. by the 2005 state Ie 'sla e provides some improved tools for dealmg with
difficult code enforcement issues involvin residential tenants. Under this legislation, landlords
can be required to provide cash relocat n a 'stance to tenants displaced due to city actions to
correct substandard living condItion. Ms. Ste n explamed the key provisIOns of the new law,
indicatmg that Tukwila must for lly adopt provo ions of the legislatIOn m order to utIlize this
new tool. Under the propost? rdmance, If the Ian rd has been notified by the City that one or
Q:\COUNCIL\CAP\Minutes 3-28-06.doc-sJI-Created on 03/29/2006 4.35 00 PM
Page 1 of2
~TTACHMENT TO ITEM 1 - - PUBLIC IMPROVEMENTS
17.24.10 Purpose
It is the intent to have all infrastructure improvements required by the subdivisIOn,
short plat, binding site improvement plan, or boundary line adjustment completed pnor to
fmal approval of the proposed land action. The City realizes that there are Instances
where the completion of the improvements may not be the best course of action - final
lift for the roadway, completing sidewalks while development construction is ongoing,
minor punch list items, etc. In those instances, the Director ofPubhc Works may accept
a bond or other fmancial security in lieu of the completion of the infrastructure
improvements.
COUNCIL AGENDA SYNOPSIS
Asti,,
O lZ I rt i t i a l r .ITEM NO.
d 1 �j 10 Meeting Date Prepared by 1 Mayor'.h review Council review
o .a 1 4/10/06 I RL Q}
1 4/17/06 1 1
tsoa C
I I 1
ITEM INFORMATION
CAS NUMBER: 06-040 I ORIGINALAGENDADATE: APRIL 10, 2006
AGENDA ITEM TITLE 2005/2006 Small Drainage Program Design Supplement
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 4/10/06 Mtg Date 4/17/06 Mtg Date Mtg Date kits Date Mg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance 111 Fire Legal P&R Police PIV
SPONSOR'S Following last winter's heavy rains and flooding, seven additional projects were identified
SUMMARY for construction as soon as practical. This supplement for design services has been
negotiated to add these projects to the current 2005/2006 Neighborhood Drainage
Program contract currently with KPG. Five of the projects involve failing outfalls, one is to
remove a failing driveway culvert on Southgate Creek, and the seventh involves the
removal of the failing concrete pond in Crystal Springs Park.
REVIEWED BY COW Mt El CA &P Cmte El F &S Cmte Transportation Cmte
Utihties Cmte El Arts Comm. Parks Comm. Planning Comm.
DA'Z'E: 4/4/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the supplemental agreement with KPG.
Corak [TEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$77,469.49 $127,000.00 $0.00
Fund Source: 412 Surface Water Fund 301 Parks
Comments: The current projects under design will be put on hold, so the 2006 funds are available for this supplement.
MTG. DATE RECORD OF COUNCIL ACTION
4/10/06
4/17/06
MTG. DATE ATTACHMENTS
4/10/06 Information Memo dated March 21, 2006
Map of Locations
Supplement No. 2 to Contract No. 05 -040 (b)
Utilities Committee Meeting Minutes from April 4, 2006
4/17/06
INFORMATION MEMO
To:
Mayor Mullet
Public Works Directo~
March 21, 2006
2005/2006 Small Drain~e Pro2l"am
Project No. 05-DROl
Design Supplement
From:
Date:
Subject:
ISSUE
Authorize the Mayor to sign a contract supplement for additional design services on the 200512006
Small Drainage Program.
BACKGROUND
KPG, Inc., of Seattle, Washington, and the City of Tukwila entered into Contract No. 05-040 for
preliminary engineering and design services for the 2005/2006 Small Drainage Program. The initial
contract amount was $176,683.00. A contract supplement (Supplemental Agreement No 1) in the
amount of $48,574.12 was approved for construction engineering services for the 2005 construction
contract.
Following last winter's heavy rains and flooding, seven additional projects were identified for
construction as soon as practical. Five of the projects involve failing outfalls to the river, one is to
remove a failing driveway culvert on Southgate Creek, and the seventh involves the removal of a failing
concrete pond in Crystal Springs Park. The park design and future construction project will be funded
through 301 funds.
ANALYSIS
Two of the five failing outfalls are within the Tukwila 205 Levee. These outfalls are a critical
component of the flood control system and must be corrected before the next flood season per Tukwila
agreement with the U.S. Anny Corps. The failing driveway culvert on Southgate Creek could
completely fail, blocking downstream drainage structures and lead to significant flooding. All of the
projects will require various permits through the Anny Corps, the Department of Fish and Wildlife
Services, and the City of Tukwila.
A contract supplement for design services has been negotiated for a fixed fee not to exceed $77,469.49.
This amount is within the overall Neighborhood Drainage Project budget.
RECOMMENDATION
Authorize the Mayor to sign Supplemental Agreement No.2 to Contract No. 05-040 with KPG, Inc., in
the amount of $77,469.49 for a new contract total of $302,726.29
attachment: Supplemental Agreement No.2
(p:Projc<<sIA- DR Projeas\05DROIIJ)es;gn\Infu Memo KPG Supp No.2)
Remove failing culvert
embankment
2005-2006 Annua\ Neighborhood
Drainage Program
Supplement No.2 - 2006 Sensitive Area
Projects
Outfall #3
Outfall #2
failing concrete tank-
crystal Springs Park
~
SUPPLEMENTAL AGREEMENT No.2
CONTRACT No. 05-040
PROJECT No. 05-DROl
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98199
KPG, Inc.
753 - 9th Avenue N.
Seattle, W A 98109
PROJECT: 2005/2006 SMALL DRAINAGE PROGRAM - 2006 SENSITIVE AREA PROJECTS
This SUPPLEMENTAL AGREEMENT NO. I is to supplement the agreement entered into with
KPG, Inc. and the City of Tukwila, which was executed on the 28th day of February, 2005.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of Services, shall be modified as follows:
The Consultant agrees to provide construction services as requested by the City in accordance
with the scope of work included as Exhibit A.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B, attached
hereto, provided that the total amount of payment to the Consultant for this work not exceed
$77,469.49 without express written modification of the Agreement signed by the City. The new
total contract shall not exceed $302,726.29 without express written modification of the
Agreement signed by the City.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day
of , 2006.
APPROVED:
APPROVED:
CITY OF TUKWILA
KPG, INC.
Steve Mullet
Mayor
Nelson Davis, P.E.
Principal
Attested:
Jane Cantu, City Clerk
Exhibit A
City of Tukwila
2005-2006 Annual Neighborhood Drainage Program
Supplement No.2 - 2006 Sensitive Area Projects
Scope of Work
March 29, 2006
KPG
The Consultant shall prepare final plans, specifications, and estimates for the following
small drainage projects:
. Outfall repairs to 5 existing outfalls on the Green/Duwamish River.
. Removal of a failing culvert and embankment on Southgate Creek. Overflow
improvements will be made at a driveway crossing downstream of the removed
culvert to protect an adjacent residential structure (Robinson property).
. Removal of a failing concrete tank on Crystal Springs park. The tank will be
replaced with an open drainage channel.
Work on these projects shall include any necessary survey, alternative analyses,
quantity estimating and cost estimating to complete the projects. Surveyed topographic
base maps (no property line information) and horizontal utility locations will be provided
for all projects except for the Crystal Springs project. Base mapping for Crystal Springs
will be based on field measurements by KPG. Project datum will be assumed on all
projects.
The Consultant shall SEPA checklists and HPA applications for all of the project sites.
The scope of work also includes preparation of a biological evaluation for the 5 outfall
projects and application to the Corps of Engineers for nationwide permit approval. The
Consultant shall coordinate with the Corps to determine if this work is required during
the SEPA process. Corps approvals are not anticipated for work on Southgate Creek
or Crystal Springs.
Video pipe inspections will be performed to determine the exact scope of necessary
repairs on the 5 outfall projects.
It is anticipated that the projects will be bid as a single bid package. The Consultant
shall submit 90% plans, specifications, and estimates for City review prior to bidding.
The City may reprioritize the projects based on estimated costs and available budget.
2005-2006 Annual Neighborhood Drainage
Supplement NO.2 1 of 2
KPG
March 29, 2006
Exhibit A
Del iverables:
The Consultant shall provide the following deliverables:
· SEPA checklist for outfall projects
· SEPA checklist for Southgate Creek and Crystal Springs project
· HPA applications for all projects
· Biological Evaluation for outfall projects, if required
· Corps of Engineers NWP application for outfall projects, if required
· 5 copies, 90% Plans, Specifications and Estimates
· 40 copies of bid documents (half size)
. Full size mylars \
The City shall provide the following items:
· Property owner contact information
· Existing utility information, as available
· Plan reviews and comments
2005-2006 Annual Neighborhood Drainage
Supplement No 2 2 of 2
KPG
March 29, 2006
HOUR AND FEE ESTIMATE
EXHIBIT B
Project: City of Tukwila
2005 -2006 Annual Neighborhood Drainage Program
Supplement No. 2 - 2006 Sensitive Area Projects
KPG
• Architecture •
Landscape Architecture
• Civil Engineering •
Task Description
Labor Hour Estimate
Total Fee
Senior
Engineer
$ 145.94
Project
Engineer
$ 99.28
LA/
Technician
$ 73.75
Clerical
$ 50.53
Fee
Task 1 - 2006 Bid Documents
1 1 Management/Coordination /Administration (2 months)
2
2
0
4
$ 692.56
1.2 Coordinate topographic survey / utility locates / video
2
4
8
8
8
16
2
0
$ 1,777 18
$ 2,558.00
1.3 Field reviews / prepare base maps
1.4 Pre •are Planssestimate 18 sheets)
Outfall projects (5 locations)
8
40
60
0
$ 9,563.72
Southgate Creek (Robinson property)
4
24
40
._. 0
$ 5,916.48
Crystal Springs
2
12
16
0
$ 2,663.24
Prepare Detail Sheets
2
16
24
0
$ 3,650.36
Prepare restoration plans for sensitive area sites
2
4
40
0
$ 3,639 00
1.5 Property owner coordination
2
4
0
0
$ 689.00
1.6 Prepare 90% review submittal
2
4
8
2
$ 1,380.06
1.7 Quantity and Cost estimating
2
8
12
0
$ 1,971 12
1.8 Prepare specifications
2
8
0
8
$ 1,490.36
1.9 Finalize Bid Documents
4
24
40
0
$ 5,916.48
Reimbursable expenses - see breakdown for details
$ 14,820.00
Task Totals
38
162
264
16
$ 56,727.56
Task 2 - Permitting
2.1 Prepare SEPA checklists (2) and GIS exhibits
2
24
16
4
$ 4,056.72
2.3 Prepare JARPA applications (3 separate applications)
3
6
12
3
$ 2,070.09
2.3 Prepare BE and Corps figures for outfalls, if required
4
8
12
4
$ 2,465.12
$ 12,150.00
Reimbursable expenses - see breakdown for details
Task Totals
9
38
40
11
$ 20,741.93
Total Estimated Fee: $ 77,469.49
03/30/2006
HOUR AND FEE ESTIMATE
EXHIBIT B
Project: City of Tukwila
2005 -2006 Annual Neighborhood Drainage Program
Supplement No. 2 - 2006 Sensitive Area Projects
KFG
• Architecture •
Landscape Architecture
Civil Engineering •
Task Description
Labor Hour Estimate
Senior
Engineer
$ 145.94
Project
Engineer
$ 99.28
LA/
Technician
$ 73.75
Clerical
$ 50.53
Total Fee
Fee
Reimbursable Breakdown
Task 1 - 2006 Bid Documents
Mileage
Reproduction
APS - Utili locates and video
Topographic survey - 6 sites
Cost
e ins•ection
Task 1 - Total
$ 200.00
$ 1,500.00
$ 4,000.00
$ 9,120.00
$ 14,820.00
Task 2 - Permitting
Mileage
Reproduction
Landau Associates - Biological Evaluation for 5 outfalls, if required
Task 2 - Total
$ 50.00
$ 100.00
$ 12,000.00
$ 12,150.00
03/30/2006
Utilities Committee
April 4, 2006
Present: Pam Linder, Acting Chair; Verna Griffin, Dennis Robertson (in for Jim Haggerton)
Jim Morrow, Pat Brodin, Bob Giberson, Gail Labanara, Mike Cusick, Ryan Larson
A. Reore:anization of Public Works With the resignation of Al Spencer, Public Works has
been provided an opportunity to reorganize the George Long Shops. The proposal is to
eliminate the Internal Operations Manager's position, elevate the current Facilities and Fleet
Supervisors to the Superintendent level and have them report directly to Pat Brodin. Public
Works would add a Fleet Technician to meet the growing demand of the City's aging fleet
and improve the perfonnance goals in Equipment Rental. The number of full-time employees
would remain the same and there \would be a reduction in salary costs. The salaries listed do
not include benefits, as there was no change in the number of employees, so the benefits are
approximately the same. Unanimous approval of staff reore:anization from Committee.
no action is needed by Council. so not forwarded to full Council.
B. New Drinkine: Water Requirements form the USEP A The EP A has now mandated that
we must monitor for disinfectants even though the City purchases all of its water.
Additionally, all purchased water has been pretreated. We will need a plan and modeling on
our water flows and where it goes. Pam L suggested we have an article in the Hazelnut on
unfunded mandates and the running total. Pat said that it would be included in the City's
annual water confidence report and we could put an article in the Hazelnut about water and
the new unfunded mandates. The item will return to Committee when we have negotiated a
contract for the plan with a consultant and costs. The estimate is $70,000 to set up the
program and approximately $20-30,000 a year thereafter. Information Only.
C. Table 9 Water Customers - Cross Connection Control The water department is also
required to insure that all "high risk" commercial or industrial water accounts have installed a
backflow device to isolate the public water system. If the water is able to flow back into the
water main, it could contaminate the water supply. Each year the State becomes more
stringent. Last year we updated all of the sewer pump stations and this year the State is
including dental offices. All buildings with sprinkler systems, irrigation and laboratories are
isolated and have the backflow device, preferably at the water meter. The first step is the
letter that is mailed out, and if the owners do not co~ply, we are able to cite them and could
ultimately shut off the water. Information Only.
t
D. 2005/2006 Small Drainae:e Proe:ram Desim Supplement We have KPG currently under
contract to design the 2005/2006 Small Drainage Program. This winter seven sites were
found that need to be repaired as soon as practical. Two outfalls along the levee and upon
further inspection three more failing outfalls were found. Also included are the Crystal
Springs concrete water pond that is leaking and the Robertson driveway culvert. The current
projects under design will be put on hold, so the design funds budgeted in 2006 will be
available for this supplement. Unanimous ae:reement to send recommendation for desim
supplement with KPG to COW and Rel!lllar meetine: for approval.
C:\Documents and Settings\GaiI\My Docurnents\WJNWORD\UC Minutes 04-04-06.doc
Page 1 of 2
Co UNCIL AGENDA Siwosis
ti; Initial ITEMNO.
ti .I Meeting Date Prepared by 1 Mayor's review 1 Council review
1 "r` f I 4/10/06 I BGarrO M 1 b- t�
"P s 4/17/06
1
7908
ITEM INFORMATION
CAS NUMBER: 06-041 I ORIGINAL AGENDA DATE. APRIL 10, 2006
AGENDA ITEM TITLE Allentown /Foster Point Water and Sewer Improvements
Construction Management Services Supplement No. 1 with MUM Harris
CATEGORY Discussion Motion I .esolutzon Ordinance BzdAward Public Heanng Other
Mtg Date 4/10/06 Mtg Date 4/17/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe.7R Police PW
SPONSOR'S Construction Management Services have been negotiated with DM3M Harris for the
SUMMARY Allentown /Foster Point Water and Sewer Improvement Project in the amount of $500,000,00.
The scope of work include a full -time on -site construction inspector, construction survey
control and spot checking, part-time project management and contract administration.
REVIEWED COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
BY Cmte
❑Arts Comm. ❑Parks Comm. Planning Comm.
DA1'E: 4/4/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the supplement with MUM Harris.
COMMITTEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$500,000.00 $1,100,000.00 $0.00
Fund Source: 401.02 Water, 402.02 Sewer, 412.02 Surface Water Funds (pages 77, 113 141, 2006 CIP)
Comments.
MTG. DATE RECORD OF COUNCIL ACTION
4/10/06
4/17/06
MTG. DATE ATTACHMENTS
4/10/06 Information Memo dated March 28, 2006
Supplement No. 1 with DM3M Harris
Utilities Committee Meeting Minutes from April 4, 2006
4/17/06
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public W odes Directo~
March 28, 2006
Allentown/Foster Point Water and Sewer Improvements
Construction Management Services
Supplemental Agreement No. 1
ISSUE
Supplemental Agreement No.1 has been negotiated with DMJM Harris for construction
management services on the Allentown/Foster Point Water and Sewer Improvements project in
the amount of $500,000.00.
BACKGROUND
Recently, Council approved the construction contract bid award to R.L. Alia Company in the
amount of $6,982,432 at the March 20, 2006, Council meeting.
ANALYSIS
A supplemental agreement for construction management services has been negotiated for a
fixed fee not to exceed $500,000.000. The scope of work includes a full-time on-site
construction inspector, construction survey control and spot checking, part-time project
management and contract administration. This fee is reasonable and within the overall project
budget.
RECOMl\ffiNDATION
For information. This Supplemental Agreement No.1 will be routed to the Mayor for
approval.
BG:ad
attachment: Supplement No.1
(p:Proj0:t3\A- sw Projects\OISW02 A!ovo11lI & _ PtlCcnsttucOOo\Info Memo DMIM HARRIS CM Supp1=Dt 1 - AFP)
SUPPLEMENTAL AGREElVIENT NUMBER 1
TO
CONSULTANT AGREEMENT NUMBER
THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, herein-after referred to as "the City", and DMJM Harris, hereinafter referred to as
"the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
The City desires to supplement the <;lgreement entered into with the Consultant and executed on,
and identified as' Agreement No. . 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 amended to include the scope of services as listed in
attachment A-1.
2. Payment, shall be amended as follows: The total amount of this supplement, with
markup and sub consultants, as detailed in Exhibit B-1, is: $500,000.00.
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
$500,000.00 without express written modification of the Agreement signed by the City.
The maximum amount payable under this agreement as supplemented inclusive of all
fees and other costs is now $500,000.00.
DATED this
day of
,20
CITY OF TUKWILA
CONSULTANT
By:
Steven M. Mullet, Mayor
Printed Name Dennis J. Ceams
Title: Vice President
Allentown I Foster Point Water & Sewer Improvements
City ofTukwila
EXHIBIT A-1
SCOPE OF SERVICES
Allentown I Foster Point
Water and Sewer Improvements
City of Tukwila
Construction Management Services
This work will be to provide construction management services for the construction contract to complete
the Allentown I Foster Point Water and Sewer Improvements (hereinafter called "Project") These
services will include project management, inspection, materials testing, on-call surveying, public
involvement, and contract administration during the construction of the project, as detailed below DMJM
Harris ("Consultant") will provide to the City of Tukwila, Washington ("Client") construction management
services for the project. A detailed scop~ for the Contract follows:
I. INTRODUCTION
The following scope of services and associated costs are based upon the assumptions outlined below
Assumptions
· The proposed project team will include a part-time project manager, a part-time senior inspector (80
working days at 9 hours per day), a full-time resident engineer, 1 full-time junior inspector, a part-time
documentation specialist, on-call surveying, basic public involvement, and other supporting tasks as
deemed necessary. The Client will provide a full time lead inspector The level of services is based
on a project duration of 252 calendar days, or approximately 180 working days, or 9 months
· Services will be performed in accordance with the Local Agency Guidelines (LAG) and the WSDOT
Construction Manual.
· Mileage: Mileage will be charged on a round trip basis from our Bellevue office, unless staff are
traveling directly to the site from locations closer than Bellevue At no time will mileage be charged
from locations beyond our Bellevue office.
· Field office: It is recognized that the Contractor will provide a field office with computers, copies,
furniture, and other items as listed in section 1-04.13 of the special provisions. The Consultant shall
provide personal protective equipment, as necessary, for Consultant staff
The Contractor shall add Consultant as additional insured during the course of construction in the event of
theft, vandalism, or other incident(s) including 3rd party liability, and the Contractor will include the
Consultant as an indemnified party under its indemnity obligation in the contract with the Client.
Design by Others: It is further understood and agreed that because Consultant did not prepare the
Contract Documents for the project, Client waives all claims against Consultant arising from or in any way
connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others.
In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless
from any damage, liability or cost, including reasonable attorneys' fees and defense costs, arising from
any errors or omissions contained in the plans, specifications or other Contract Documents prepared by
others, except for the negligence or willful misconduct of the Consultant.
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Allentown I Foster Point Water & Sewer Improvements
City of Tukwila
EXHIBIT A-1
II. DETAILED SCOPE OF WORK
Task 1 - Project Management
Provide overall project management, coordination with the Client, monthly progress reports, and invoicing
This effort will include the following elements
1 1 Organize and layout work for project staff Prepare project instructions on contract
administration procedures to be used during construction.
1.2 Review monthly expenditures, prepare invoice and submit project progress letter to the Client.
Task 2 - On-Call Construction Surveying
The Contractor shall provide construction staking for the project with the exception of those items listed
below Control has been provided in the bid documents. Any re-staking by the Consultant will be
considered additional services.
2.1 Quality Control Survey: Perform on-call checks of the proposed construction to ensure
conformance with the lines and grades specified in the contract plans. Estimate 40 crew hours
for this item of work.
Task 3 - Preconstruction Services
3.1 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of,
and conduct a preconstruction conference in the Client's offices. The Consultant's project
manager, resident engineer, document specialist, and inspectors will attend the preconstruction
conference. The Consultant will prepare a written record of the meeting and distribute copies of
the minutes to all attendees and affected agencies, staff, etc.
3.2 Preconstruction Photos: Preconstruction photographs will include existing condition of the
project right-of-way, and all relevant buildings adjoining the site. Photos will be cataloged as to
their location, date, and other relevant information. Video will also be taken of the project to
document the preconstruction condition. Consultant will provide one set of preconstruction
photographs and one copy of video to the Client.
3.3 Property Owner Notification: Prepare and distribute flyers to surrounding property owners to
notify them of the construction and provide contact information.
3.4 Public Meeting. Prepare for and attend one public meeting at the Client's community center to
aid addressing concerns of affected property owners.
Task 4 - Construction Services - Field
4.1 Provide the services of one full-time resident engineer, one part-time senior inspector, one full-
time junior inspector for excavation, utility, paving, and other items, as needed, on the project
site who will observe the technical progress of the construction, including providing day-to-day
contact with the Contractor and the Client. The Client will supplement the Construction
Management team by providing a senior inspector who will report directly to the resident
engineer. By providing such assistance, the Consultant shall assume no responsibility for
proper construction techniques or job site safety. The presence of the Consultant's personnel
at the construction site is for the purpose of providing to the Client a greater degree of
confidence that the completed 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(s). The Consultant's personnel
shall act in accordance with Section 1-05.1 and 1-05.2 of the current WSDOT Standard
Specifications. The Consultant will endeavor to protect all parties against defects and
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Page 2 of 5
Allentown I Foster Point Water & Sewer Improvements
City ofTukwila
EXHIBIT AQ1
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(s) and any subcontractors. Field staff will perform the
following duties as a matter of their daily activities.
i. Prepare daily construction reports, utilizing a modified Client report forms, detailing the
contractors operations performed for each day the Consultant is on site, measure the
quantities of materials installed, log equipment and staff used, and other associated
information.
ii. Respond to questions which may arise as to the quality and acceptability of material
furnished, work performed, and rate of progress of work performed by the Contractor,
including response to related questions from adjacent property owners and the general
public.
i
Hi. Prepare field records and documents to help assure the project is administered in
accordance with funding requirements.
iv. Provide periodic photographs during the course of construction. Photographs will be in
digital format and cataloged by date.
v Coordinate with the contractor-provided surveying subconsultant.
vi. Coordinate with the Client's utility and traffic signal operations personnel.
4.2 Materials Testing: Coordinate and manage materials testing subconsultants for construction
services, who will provide materials testing services as required. Coordinate the work of the
materials testing technicians and testing laboratories in the observation and testing of materials
used in the construction; document and evaluate results of testing; and address deficiencies.
4 3 Punch list: Upon substantial completion of work, coordinate with the Client and other affected
agencies, to perform a project inspection and develop a comprehensive list of deficiencies or
'punchlist' of items to be completed. A punchlist and Certificate of Substantial Completion will be
issued by the Consultant.
Task 5 - Construction Services -Office
5.1 Project coordination: Liaison with Client on a regular basis to discuss project issues and
status. Coordinate with utilities and public involvement issues.
5.2 Plan interpretations: Provide technical interpretations of the drawings, specifications, and
contract documents, and evaluate requested deviations from the approved design or
specifications
5.3 Weekly meetings: Lead weekly meetings, including preparing meeting minutes and
distributing copies of minutes to attendees. Outstanding issues to be tracked on a weekly
basis. Contractor to provide a 3-week schedule of upcoming work at each meeting
5.4 Record drawings: Review record drawings prepared by the Contractor and prepare
conformed set of project record drawings based on Contractor provided information and from
inspection notes. Submit record drawings to Client in full size format on bond paper with
changes made in red.
5.5 Monthly Pay Requests: Prepare monthly requests for payment, review with the Client and
contractor and approve, as permitted. Utilize Client-provided format for pay estimates, or
Consultant format. Payment to be based on a network analysis schedule, as described in
Section 1-08.11 of the Special Provisions.
5 6 Monthly Schedule Review: At the monthly cutoff, review contractor's updated schedule and
compare with field-observed progress, as described in Section 1-08.11 of the Special
Provisions.
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Page 3 of 5
Allentown I Foster Point Water & Sewer Improvements
City ofTukwila
EXHIBIT A-1
5.7 Cost Projections: Prepare two cost projections for the project. Projections to be based on the
current amount paid to date, pending change orders, quantity projections, and other information.
5 8 Physical Completion Letter: Following completion of all punch list work, prepare physical
completion letter to the contractor, and recommend that Client accept the project.
5 9 Project Closeout: Transfer all project documents to the Client for permanent storage.
Task 6 - Submittal Processing
6 1 Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test
reports, and other submittals from the Contractor for compliance with the contract documents.
Key submittals to be transmitted to the Designer for their review Submittals shall be logged
and tracked.
6.2 Request for Information (RFH: Review and respond RFI's, or obtain input from the Designer.
RFl's shall be logged and tracked.
6 3 Record of Materials (ROM): Develop ROM for use on the project, based on the contract
specifications and WSDOT/LAG requirements.
Task 7 - Change Orders
7 1 Change Orders: Develop change orders, provide technical assistance to negotiate change
orders, and assist in resolution of disputes which may occur during the course of the project. A
total of 200 man-hours have been included in the cost for services. Additional effort shall be
considered additional services. (Note Change orders that may affect project performance, or
significantly modify the design, will be transmitted to the Designer for review and concurrence.)
Task 8 - Public Involvement
8 1 Provide notification to surrounding business and property owners. Develop flyers on a periodic
basis, not to exceed one per month, to update property owners of issues.
8.2 Establish a project phone "hotline, n located at the field office. Respond to phone calls and
messages from business owners and the general public within 24 hours of reception. The
phone number shall be listed on the project informational sign and flyers.
Task 9 - Additional Services
The services described under this task, and any other additional services requested by the Client, will be
performed only when authorized by the Client. Authorization to perform additional services will be in the
form of a supplement to this agreement, specifying the work to be performed, and basis of payment.
9 1 Implement Expedition to track project documentation.
9.2 Perform a plan and specification review
9.3 Produce traffic advisories and other news releases at project milestones.
9.4 Provide any additional services resulting from changes in scope or design of the project.
Changes include, but are not limited to, changes in size, complexity, the schedule, character of
construction, or method of financing.
9.5 Preparation of award submittal for APWA, CMAA, and other agencies.
9 6 Provide claims analysis and assistance in resolving claims that are protracted in nature and
beyond the scope of the change order process described herein.
9 7 Assist the Client with media communications of project status, including development and
maintenance of a project website.
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Allentown I Foster Point Water & Sewer Improvements
City of Tukwila
EXHIBIT A-1
Deliverables
i. Preconstruction Conference Minutes
ii. Preconstruction meeting agenda and minutes
iii. Survey grade sheets, as necessary, provided by QC survey subconsultant
iv Daily Reports
v. Test Reports
vi. Construction Photographs - 1 set, including preconstruction photographs and video
vii. Weekly meeting minutes
viii. Certificate of Substantial Completion
ix. Monthly contractor pay requests
x. Cost projections
xi. Punch list
xii. Physical completion letter and recommendation of final acceptance letter
xiii. Public involvement literature and record of public comments
xiv. All project records at the completion of the contract, including submittals, RFI's, change
orders, correspondence, and other information.
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ALLENTOWN FOSTER POINT WATER AND SEWER IMPROVEMENTS
Utilities Committee
April 4, 2006
E. Duwamish Gardens Acquisition Grant AppIications The Carrasino family approached
King County to sell theIr 2.18-acre property along the Duwamish. vVRIA 9 would like to
own 30 acres along the river so negotiations are underway and grant applications are being
submitted. Sound TransIt is currently bUIldmg in rront of the property and there are some
access Issues. Dennis asked what kind of slope would be possible at the sIte and was told It
would be a gentle slope of approxlTIlately four to one. Pam L asked about a possible hand
boat launch but Ryan told her it was too early to know. Ifthe grants were successful, City
money would be reqUIred for matching funds. Unanimous endorsement of all f!fant
applications for Duwamish qardens.
~
F. AllentownlFoster Point Improvements - Construction IVlanagement Services
Supplemental Agreement ConstructIOn Management contracts were approved with five
firms by Council last night on Apnl 3, 2006. This is the fIrst supplement wIth DMJM Hanis,
who recently took over Entranco. The size of the company and the low overhead have been
an asset and the $500,000 fee IS well WIthin the total construction management budget of
$1,100,000. Unanimous agreement to send recommendation for construction
management supplement with DIVIJIVl Harris to CU'W and Regular meeting for
approval.
G. Maule Ave/Campbell Hill/58th Ave S "VaterIines - Construction :Management Services
Supplemental Agreement This consq-uction.,n;anagement.supplement is wIth Anchor
Environmental. Anchor's Project Martager is very familIar WIth the City. The $131,312 is
over the construction management budget but is well WIthin the overall budget as the
construction bid came in sIgnificantly lower (Construction budget $825,000 and award was
$623,000 with contingency). Unanimous agreement to send recommendation for
construction management supplement with Anchor to COW and Regular meeting for
approval.
1Y '01 ~~1
.{~lo 't 'v'~
~(j.'tI~ Committee Chair Approval '/&/Of.o
Minutes by GL, reviewed by 1M, PB
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COUNCIL AGENDA SYNOPSIS
Q y Initials ITEM NO.
Meettn,� Date 1 Prepared by I dlay-or's 'ew Council review
w 1 4/10/06 1 BG
t Iria 4/17/06 V
1
4 e,
1908 1 1 1
1 1
ITEM INFORMATION
CAS NUMBER: 06-042 I ORIG NAL AGENDA DATE: APRIL 10, 2006
AGENDA ITEM TITLE Maule Ave /Campbell Hill /58 Ave S Waterlines
Construction Management Services Supplement No. 1 with Anchor Environmental
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other
Mtg Date 4/10/06 Mtg Date 4/17/06 Mtg Date Mtg Date Mtg Date Mtg Date Mfg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PTV
SPONSOR'S Construction Management Services have been negotiated with Anchor Environmental for
SUMMARY the Maule Ave /Campbell Hill /58 Ave S Waterline Project in the amount of $131,312.00.
The scope of work includesa full -time on -site construction inspector, construction survey
control and spot checking, part-time project management and contract administration.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 4/4/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the supplemental agreement with Anchor.
COMMrrrEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$131,312.00 $245,000.00 $0.00
Fund Source: 401.02 Water Fund (pages 78, 80 81, 2006 CIP)
Comments: Construction Management budget is $44, 000, yet the construction award and contingency came in
under budget by $201, 000.00 so $245, 000.00 is listed.
MTG. DATE I RECORD OF COUNCIL ACTION
4/10/06
4/17/06
MTG. DATE I ATTACHMENTS
4/10/06 Information Memo dated March 28, 2006
Supplement No. 1 with Anchor Environmental
Utilities Committee Meeting Minutes from April 4, 2006
4/17/06
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public W orks Directo~
March 28, 2006
Maule Ave/Campbell Hill/58th Ave S Waterlines
Construction Management Services
Supplemental Agreement No.1
ISSUE
Supplemental Agreement No.1 has been negotiated with Anchor Environmental for
construction management services on the Maule Ave/Campbell Hill/58th Ave S Waterlines
project in the amount of $131,312.00.
BACKGROUND
Recently, Council approved the construction contract bid award to Buno Construction in the
amount of $566,504.10 at the March 6, 2006, Council meeting.
ANALYSIS
A supplemental agreement for construction management services has been negotiated for a
fIxed fee not to exceed $131,312. The scope of work includes a full-time on-site construction
inspector, construction survey control and spot-checking, part-time project management and
contract administration. This fee is reasonable and within the overall project budget.
RECOMMENDATION
For information. This Supplemental Agreement No.1-will be routed to the Mayor for
approval.
BG:ad
attachment: Supplement No.1
(p:Projec<s\A- wr Projcctsl84Wf07 Mmle Ave Wa!er\INFO MEMO - _ EnviromneII!aJ CM Sopp_ No. I)
SUPPLEMENTAL AGREEMENT NUMBER ONE
TO
CONSULTANTAGREEMffiNTNUMBER
-
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, tenns, and
conditions hereinafter specified.
The City desires to supplement the agreement entered into with the Consultant and executed on,
and identified as Agreement No. 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. Payment, shall be amended as follows: See attached Exhibit B.
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
$ /31 al:1. ~ithout express written modification of the Agreement signed by the City.
\
DATED this
day of
, 2006.
CITY OF TUKWILA
CO~ .
By: ~~
Steven M. Mullet, Mayor
Printed Name: Ed BerschinskI
Title: Partner
Exhibit A
City of Tukwila
Construction Management Services 2006/2007 On-Call
Supplement Number 1
Contract Number[
Construction Services
General Scope of Work
March 29, 2006
The Consultant shall provide Construction Management and Field Observation services for the
Maule Ave.lCainpbell Hill/58thAve.S Waterlines as outlined below. A specific scope of services
(by task) and budget (including assur;nptions) is attached.
A. The Consultant shall provide continuous project management throughout the
construction duratio.n. This includes management of staff and survey/testing sub-
consultant and preparation of monthly invoices and progress reports. The estimated
project duration is 90 Calendar Days.
B Prepare fol' 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 full-time inspector and supplemental
assi?tants, 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 propar
construction techniques and jOb site safety. The presence of the Consultant's personnel
at the construction site is for the purpose of pro~iding 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 $5,000 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 weekly, informal site visits with the field observer and
Contractor to address concerns, make clarifications, and assure compliance with
Contract Documents.
I. 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 for evaluation of contractor prepared pay estimates,
and review with City and Contractor for approval. Four (4) pay estimates are anticipated
for this project (3 monthly progress payments and 1 final payment).
l
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 waterline alignment and location of bends, hydrants, and other significant
features, horizontal and vertical locations of all project installed catch basins, manholes
or other significant structures The Consultant shall provide one set of original red-ink on
mylar record drawings J one set of bond copies and/or the AutoCAD record drawings on
CD ROM
The construction duration is anticipated to be 90 Calendar Days with a construction start date of
approximately April 1 0, 2006. 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 di rectives.
. Copy of all correspondence and payroll information received.
. Cnange orders, if required.
. Partial and Final pay requests
. Punch list.
. Record Drawings (mylars, bond copy and/or 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 - ~ size sets of plans and specifications, 2 - full size plan sets)
. Review/Acceptance of purity and pressure tests
City ofTukwiIa: Consultant Agreement No._
Supplement No. 1
Maule A ve.lCampbe11 Hi1l/58th Ave. S, WaterJine
Scope of Work - Construction Management Services
The following represents the specific scope of services to be performed by Anchor
Environmental L.L.C. (Anchor) during construction of the Maule Ave./Campbell Hill/58th Ave.
Waterline project. The services are divided into different categories of work that represeI1t 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 ofthis type.
Task 1 Pre-Construction Services
Subtask 1.1 Construction Document Review
Scope
· Obtain ITom 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 (Le. shop drawings, catalogue cuts, work plans, test reports and
certifications ).
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
Sub task 2. 1 Planning
Scope
Planning: Prepare a brief~roject specific construction management plan that outlines
tasks, staff and 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 Information (RF1' 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 regulators, other
agencies, other contractors (adjacent projects), site tenants and other third parties that
occurs during the course ofthe 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 time lines, 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: Review monthly progress payment requests submitted by the contractor.
Provide measurements and verification of progress and submit monthly our reviewed
contractor application for payment to the CIty for processing.
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. (Actual testing by sub-consultant, see Task 8). Test
acceptance by City utility personnel.
Measurements: Perform or cause to be performed field measurements to
determine eXQavation quantities, capping thickness and placement limits as well
as surveys or other measurements to verify pay requests and conformance with
project requirements.(Actual survey done by sub-consultant, see Task 7).
Field Changes: Facilitate minor field changes to circumvent change orders due to
obstructions or other unanticipated conditions. Utilize bid items 3 and 4 as
appropriate for force account work. 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.
Participate in weekly project meetings
Note: Assumes a 3 month construction contract duration with 1 person on site full-time
Products
. Inspection Daily Reports
Field Sketches and Measurements
Site 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 City design
engineer 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 six minor change orders\(8 hours per C.O.).
Task 5 Site Visits/Meetings
Scope
. Weekly site visit by construction manager in combination with conducting a weekly
coordination meeting with the contractor. Prepare agenda and minutes of weekly
meetings including tracking of action items.
Task 6 Record Drawings
Scope
. Record Drawings: Provide a set of record drawings that include any field changes and
fmal configuration of facilities from field redline mark-ups on City provided
electronic AutoCAD file.
Task 7 Surveying
Scope
. Activities: To be performed by City approved survey sub-consultant (as needed)
- Provide spot checks of contractor's alignment, grade cuts, elevations, etc. as a
quality control check.
- 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.
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 andjobsite 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 proposal, please do not hesitate to contact us.
Exhibit B
Summary of Costs
City ofTukwila
2006/2007 On-Call Construction Services
City Supplement One
Maule Ave./Campbell Hill/58th Ave. Waterline Project
Staff Type . Rate Hours Total
Office
Senior Project Manager $60.10 258 $15,506
CADD technician $29.44 12 $ 353
Project Assistant $19.51 98 $ 1,912
Senior Technician $37.50 20 $ 750
Total Hours 388
Total Labor (DSC) $18,521
Office OH @ 170.25% x DSC $3 1.532
Subtotal Office Labor $50,053
Fee @ 15% of Office Labor subtotal $ 7508
Total Office Labor $ 57,561
Field
Senior Inspector $37.50 540 $20,250
Field OH @ 140.0% $28,350
Subtotal Field Labor $48,600
Fee @15% ofField Labor subtotal $ 7290
Total Field Labor $ 55,890
Total Labor $113,451
Total Sub-consultants $ 12,650
Total Expenses $ 5,211
Total Project $131,312
~
Utilities Committee
April 4, 2006
E. Duwamish Gardens Acquisition Grant Applications The Carrasmo famIly approached
King County to sell their 2.18-acre property along the DuwamIsh. \VRIA 9 would like to
O\Vll 30 acres along the nver so negotiatIOns are underway and grant applIcatIOns are bemg
submItted. Sound TransIt is currently buildmg in front of the property and there are some
access issues. Dennis asked what kind of slope would be possible at the sIte and was told it
would be a gentle slope of approxImately four to one. Pam L asked about a possible hand
boat launch but Ryan told her It was too early to know. If the grants were successful, CIty
money would be reqUIred for matchIng funds. Unanimous endorsement of all grant
applications for Duwamish ~ardens.
F. AllentownlFoster Point Improvements - Construction Management Services
Supplemental Agreement ConstructIOn Management contracts were approved with five
firms by Council last night on Apnl 3, 2006. This IS the first supplement with DMJM Harris,
who recently took over Entranco. The size of the company and the low overhead have been
an asset and the $500,000 fee is well wIthin the total construction management budget of
$1,100,000. Unanimous agreement to send recommendation for construction
management supplement with DlVIJIVI Harris to CO\V and Regular meeting for
approval.
G. Maule Ave/Campbell HiH/5Sth Ave S Waterlines - Construction Management Services
Supplemental Agreement ThIs const~ction.nJ.anagemen(supplement is with Anchor
Environmental. Anchor's Project MaIlager is very familiar with the City. The $131,312 is
over the constructIOn management budget but is well within the overall budget as the
construction bid came in sIgnificantly lower (Construction budget $825,000 and award was
$623,000 with contingency). Unanimous agreement to send recommendation for
construction management supplement with Anchor to CO'W and Regular meeting for
approval.
\ "oi/1
~~~~~ J~
~(j.\N\..; Committee Chair Approval '-1/&/01.0
Minutes by GL, reviewed by 1M, PB
C:\Documems and Settings\Gail\My Documents\WIN\VORD\UC Minutes O-l-O.+-06.doc
Page 2 of :2
Tentative Agenda Schedule
MONTH MEETING1- MEETING 2 - MEETING 3- MEETING 4 -
REGULAR C.O.W. REGULAR c.o.w.
April 3 10 17 24
2nd - Daylight savings See agenda packet Executive Session Special Presentation.
(6'45 PM) to be held - Introduction of new
time begins cover sheet for this immedzately precedmg court employee
\ week's agenda
the Regular Meeting - Volunteer Appreci-
(April 10, 2006 (Labor Issue) ation Certificates
Committee of the
Whole meeting) Special Presentation. presented to court
Arts Commission volunteers
update Special Issue:
Proclamation. Council technology
Designating May 14-20
as Arts Education
Week
May 1 8 15 22
29tll -
Memorial Day
(City offices closed)
(also 5th Monday- COMMITIEE OF THE
no Council meeting
scheduled) WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING
June 5 12 19 26
Special Presentation.
"The Health of King
County"
(Julia Patterson, Kmg
Counnj Council)
Upcoming Meetings & Events
APRIL 2006
10th (Monday) 11 th (Tuesday) 12th (Wed.) 13th (Thursday) 14th (Friday) 15th (Saturday)
;.. Transportation ;.. Community >- Human Easter Egg
,
Cmte, Affairs & Parks Services Scramble and Hunt
5:00 PM Cmte, Advisory (Tukwila Com/mlnit\.
(CR #1) 5 00 PM Board, Cente/)
(CR #3) 10:00 AM For children 1-10 years
>- Civil Service (Human ~
Commission, ;.. Highway 99 Services
5:00 PM Action Cmte, office)
(CR #3) 7:00 PM Breakfast:
8:30 to 9:45 ,1.:\1
(Community Breakfast = 55 00
~ City Council Center) Egg Hunt:
Committee of 10:00 AM sharp!
the Whole Egg hunt only FREE'
Mtg.,
7:00 PM
(Council \ Chipper Day
Chambers) 10:00 A,\4 to '--=r;L
1:00 PM 7ij~"\
17th (Mondav) 18th (TueSdav) 19th (Wed.) 20th. (Thursday) 21st (Friday) 22nd (Saturday)
~ Finance & >- Utilities Cmte, >- Crime Hot >- Domestic Violence
Safety Cmte, 5:00 PM Spots Task Task Force,
5:00 PM (CR#I) Force Mtg., 12:00 NOON
(CR #3) 10:00 AM (CR #5)
(CR #5)
~ Executive >- Arts Commission,
Session ~ Parks 4.30 PM
6:45 PM Commission, (Arts Room at
(LEGAL ISSUE) 5.30 PM Foster High School)
(Community SPECIAL ;lIEETING
(immediately Ctr.) TIME& LOCATION.
prior to Rescheduted from 4/4/06.
Regular
Meeting) )> Library (lnv\Ziling of n\Zw
>- City Council Advisory mural at Tukwila
Board,
Regular Mtg., 7:00 PM City pool
7:00 PM (Foster Library) 5.30 PM
(Council (Please RSVP to 206-
Chambers) 767-2342 by April 17th)
Joint Tukwila City .
Council and School
Board Meeting
6:30 PM
(Gordy's Restaurant) I
)0 Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center Contact Kimberly Matej at 206-767-2342.
)> Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 A,\! to I :00 PM, Foster HS main parking lot.
Dispose of prunings and plant materials trom the longhorned beetle quarantine area. Drive your truckload of materials to the
parking lot and help will be provided to unload, chip, and dispose of materials fiee of charge. Be sure to bring ID with quarantine
area address.
)> 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.
)0 Civil Service Commission: 2nd Mon., 5:00 PM, Conf. Room #3 Contact Bev Willison at 206-433-1844.
)>Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #3 Agenda item for 4/11/06 meeting:
(A) Community DINelopment Block Grant (CDBG) for 2007
)> COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5 Marja Murray (206-433-7175)
)> Crime Hot Spots Task Force: 3rd Wed., 10:00 A,\4, Conf. Room #5 Contact Marja l1"furray 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
)> Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #3
)>Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center Contact Chief Dave Haynes at 206-./33-1812.
}>Human Services Advisory Brd: 2nd Fri. of even months, 10:00 A,\!, Human Services Office. Contact Evie Boykan at 206-433-7180.
)0 Human Services Providers: Quarterly (2006 = 3/17,6/16,9/15, and 12/8), 11.30 AM, TCe. 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 CommissionlBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Nov & Dec., 7:00 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670.
}>Sister City Committee: 1st Wed., 5.30 PM, Conf. Room #3 Contact BIN Willison at 206-433-1844
}> Transportation Committee: 2nd & 4th Mon., 5:00 PM, Con[ Room #1 Agenda item for 4/10/06 meeting. (A) 42nd Ave. S. Bridge
Emergency Erosion Repair Project completion and acceplance.
>- Utilities Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room #1