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HomeMy WebLinkAboutCOW 2010-03-22 COMPLETE AGENDA PACKET riNt1ILA h q� Tukwila City Council Agenda c o j COMMITTEE OF THE WHOLE 0 a Jim Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez V Steve Lancaster, City Administrator Allan Ekberg Verna Seal 190: Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn To be followed by a Special Meeting Monday, March 22, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL a. Police Department Awards; Chief Haynes, Police Department. PRESENTATIONS b. Foster High School Census Project; Students from Foster High School Social Studies Class. c. Briefing on Animal Control Options; Shawn Hunstock, Finance Director. Pg.1 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL a. Interlocal agreement for sharing of fiber optic installation projects. Pg.11 ISSUES b. A resolution fixing the time for a public hearing for vacation of right -of- Pg.57 way within the City of Tukwila, dedicated for street purposes, generally described as approximately 60 feet by 85 feet along 14403 51s Avenue South and within a portion of Old Macadam Road. c. A contract supplement with KPG for Tukwila International Boulevard, Pg.69 Phases 2 and 3. d. A contract supplement with Fehr Peers for the Transportation Element Pg.81 to the Comprehensive Plan. e. A contract supplement with HNTB for the Tukwila Urban Center Access Pg.93 project. f. Tukwila South project financial update. Pg.137 g. Agenda items discussion for a joint Council meeting with the City of Pg.141 SeaTac. 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING SPECIAL MEETING Ord #2279 Res #1708 1. CALL TO ORDER 2. CONSENT AGENDA 1 Approval of Vouchers. 3. UNFINISHED Authorize the Mayor to sign Supplement #9 to Contract #05 -071 with Pg.93 BUSINESS HNTB for the Tukwila Urban Center Access (Klickitat) project, in the amount of $533,816.00. 4. NEW BUSINESS An ordinance relating to applications and development permits for food or Pg.143 drink establishments conducting social card game gambling activities, establishing a moratorium and declaring an emergency. 5. 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. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one- year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. CAS NUMBER: 10-027 CATEGORY SPONSOR SPONSOR'S SUMMARY Fund Source: Comments: MTG. DATE Discussion Mtg Date AGENDA ITEM TITLE Animal Services Update. Counci Mayor Adm Svcs DCD REVIEWED BY COW Mtg. CA &P Cmte Utilities Cmte Arts Comm. DALE: 3/16/10 RECOMMENDATIONS: SPONSOR /ADMIN. City Administration COMMITTEE COUNCIL AGENDA SYNOPSIS Meeting Date Prepared b y 3/22/10 SH Motion Resolution Mtg Date Mtg Date Initials ITEM INFORMATION Mayor's review Council review k ORIGINAL AGENDA DATE: MARCH 22, 2010 F &S Cmte Parks Comm. RECORD :OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 03/22/10 1 Informational memorandum dated March 10, 2010. ITEM No. Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Finance Fire Legal 1 I P&R Police PW/ /IT Mtg Date Mtg Date 3/22/10 Due to budget constraints, King County will significantly alter how they provide animal control services to cities that contract with them by June 30, 2010. City Administration has participated in several regional strategy meetings to present a variety of options for how the City could provide animal control services to the residents of Tukwila. Transportation Cmte Planning Comm. COST IMPACT /FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 2 TO: ISSUE BACKGROUND City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Committee of the Whole FROM: Shawn Hunstock, Finance Director DATE: March 10, 2010 SUBJECT: Animal Services Update For several years the City of Tukwila has received animal control services through an interlocal agreement with King County. The City also shares the cost of an animal control officer with the City of SeaTac for enhanced services. These enhanced services include a dedicated County animal control officer split between Tukwila and SeaTac. Due to budgetary constraints and ongoing concerns with operational issues at the King County animal shelter, King County will fundamentally alter how they provide animal control services to cities that continue to contract with them. Specifically, the County will close their animal shelter to cities by June 30, 2010 unless a regional strategy to provide animal control services can be created, negotiated and implemented. As well, if Tukwila continues to contract with the County for animal control field and licensing services after June 30, 2010 as part of a regional strategy, the City's current contract must be renegotiated so that service costs will be paid for on a "full cost recovery" basis. Given these upcoming changes in how animal control services may be provided if the City continues to contract with King County, administration is presenting a variety of options for how the City could provide this service to the residents of Tukwila, and what the related costs would be. As part of this analysis, the City is participating with several other cities and King County in a staff work group looking at a regional animal services model. The work group's purpose is to develop a policy approach for a regional animal control system and a system model that identifies service expectations, costs, and cost allocation. The City is also engaged in a dialogue with other south King County cities on what a SCORE or ValleyCom model might look like and cost for addressing animal service needs in the south county area. For several years the City of Tukwila has received animal control services through an interlocal agreement with King County. This agreement, which has never been amended or altered, provides the City with animal care and control services (field services), sheltering services at the County's animal shelter in Kent, and animal licensing services. To pay for these services, King County collects all revenue from 3 4 INFORMATIONAL MEMO Page 2 animal licensing fees generated by Tukwila residents. Tukwila is not charged any additional cost, however, if these licensing fees do not cover the cost of the service provided. The only additional cost to the City is for the animal control officer we share with the City of SeaTac, per our agreement with King County. The City currently has budgeted $38,000 per year for the cost of this "enhanced" service. Due to budgetary constraints at the County and past concerns with operational issues at the King County animal shelter, King County has decided to no longer provide this service to cities under their existing interlocal agreement. The County has been subsidizing animal control service to all cities in King County that contract with them by approximately $1.5 million annually from their general fund, which is not sustainable for the County's operating budget. To move forward with this change, on November 9, 2009, the King County Council passed Ordinance 2009 -0594, which stated that by January 31, 2010, the County will no longer operate an animal shelter and that cities must find another option for the provision of animal sheltering services. The ordinance also stated that if the County continues to provide contract animal control field and licensing services to cities, by June 30, 2010, those services must be fully reimbursed by the cities on a "full cost recovery" basis. However, through ongoing discussion with King County, cities and the non profit animal shelter providers in the community have worked with the new King County Executive to alter this initial County Council mandate. Thus, the King County Council and Executive have placed the following newer mandates on cities that want to continue to contract with King County for animal control services: By June 30, 2010, a regional strategy to provide animal control service that includes both the County and a feasible number of cities must be created, negotiated and implemented. To utilize the current King County animal shelter, which will most likely continue to be operated by the County, cities must be a part of the regional strategy. In addition to the County's existing animal shelter, additional non profit community shelter capacity, where available, is desired to be a part of the regional strategy. By June 30, 2010, as part of the regional strategy, animal control field and licensing services and shelter services must be paid for on a "full cost recovery" basis. DISCUSSION Given these upcoming changes in how animal control services may be provided, the administration wanted to present various options for providing this service to the residents of Tukwila, including the County- focused regional strategy, and what the related costs would be for these service delivery options. Although this analysis is still ongoing, the administration is interested in having staff provide an update to Council on this issue so that Council can be briefed on the larger issues related to animal control and have a chance to ask questions of staff. W: \FIN Projects \Council Agenda Items \InfoMemo_ AnimalServicesBriefingForF &S.docx INFORMATIONAL MEMO Page 3 A brief overview of the services currently being provided by the County follows. These services fall under three broad categories; animal control field services, sheltering and licensing. Animal Control Field Services The function of animal control field services is to proactively patrol the animal control service area in King County and respond to animal control calls for service. Animal Control officers provide service in King County from 7 a.m. to 9 p.m. seven days a week, with emergency services provided 24 hours a day, seven days a week by on -call officers. To accomplish this, King County has 15 staff members working in field services; 12 Animal Control officers and three (3) staff members in the County's call center receiving calls for service. On occasion however, some of these Animal Control officers will be pulled into the King County animal shelter to assist with shelter operations. Animal Control officers respond to the following types of requests: Animal cruelty investigations Response to barking dog Injured animal rescues complaints and petitions Response to bite reports Assist Police Officers when vicious animal complaints requested Pick -up for stray animals "Dead -on- arrival" loose livestock, cats and dogs Leash law violations Given King County Animal Care and Control's limited resources to manage these response calls, Animal Control officers prioritize daily field operation responses. Priorities are identified on a 'higher priority' and 'lower priority' basis, with higher priorities calls relating to public safety and animal welfare. Specifically, higher priority calls include animal bites, vicious dogs, injured animals, requested police assistance, and animal cruelty. In 2008, King County received a total of 346 calls for service from Tukwila residents. 23 of these calls were related to animal cruelty, 19 were related to vicious animals, 7 were related to animal bites, and 17 were related to an injured animal, with the rest related to other issues, such as a stray animals or barking dogs. Although staff has asked King County what the type of response was (call back, send Animal Control officer to scene, etc.) and what the response rate was (how often a response was provided) for these 346 service calls, the County has been unable to provide this data. Furthermore, there have been concerns about the response times for calls for service to King County Animal Control. In 2009, using the County's data, the Seattle Times analyzed response time information to calls for service in cities that contract with King County for animal control services over a four and half year period. The following results show the number of cases and the median response times for animal control responses for animal cruelty, vicious animal, animal bite, and injured animal incidents (all high priority calls) from 2005 through May 2009 in Tukwila. W:1FIN Projects\Council Agenda Itemsl InfoMemo_ AnimalServicesBriefingForF &S.docx 5 6 INFORMATIONAL MEMO Page 4 Animal Animal Injured Vicious bite cruelty animal animal Animal response Animal response Injured response Vicious response bite time cruelty time animal time animal time cases (hrs) cases (hrs) cases (hrs) cases (hrs) 34 17.3 78 17.8 49 0.8 81 21.0 These response times to Tukwila service calls mirror or exceed similar response times in other jurisdictions that contract with King County. Although not in violation of the current interlocal agreement with King County, as no level of service or response time performance measures are stated in the agreement, these long response times have been raised as an example of the lack of quality service that King County is currently providing under the existing interlocal agreement. Animal Shelter Services The King County animal shelter is located in the City of Kent, with a smaller satellite shelter in the City of Bellevue. The animal shelter houses roughly 11,000 animals per year, with the majority being dogs and cats, although other species of animals are also sheltered there. In 2009 the King County sheltered 295 animals that were attributable to the City of Tukwila. These animals were either stray animals picked up and dropped off by King County Animal Control officers or Tukwila residents, or were "owner surrender" animals that were dropped off by their owners for various reasons, including moving out of state, dogs not allowed in a new apartment building, pet no longer wanted, etc. Shelter intake for the City of Tukwila in 2009 was 295, and for 2008 the number was 346. The decline of almost 15% is primarily due to a decision on the part of the County to stop accepting owner surrenders during 2009, which dramatically reduced the animal population at the shelter in the latter part of the year. The King County animal shelter has also been the target of concerns from members of the community in the recent past, most notably in 2007. At this time, community members and animal welfare activists worked with the County to identify deficiencies in the County's animal shelter system and potential solutions for the deficiencies. Of greatest concern was the euthanasia rate of dogs and cats at the shelter. This work resulted in two King County Council mandates about operation of the shelter. Specifically, euthanasia rates for dogs and cats could not exceed 20% in 2008 and 15% in 2009, and a framework had to be established for the humane care of animals that focused on recommendations such as better adoption practices, increases in access to spay and neuter programs, and better shelter conditions. Although it is generally understood that these mandates were well intentioned, given that no additional revenue was put into the system by the County, the unintended consequence of establishing hard guidelines for euthanasia rates and an increased W:1FIN Projects\Council Agenda ItemanfoMemo _AnimalServicesBriefingForF &S.docx INFORMATIONAL MEMO Page 5 level of shelter care was that additional human resources have been needed at the shelter to meet these mandates. This resulted in the King County Animal Care and Control Division pulling Animal Control officers from the field and putting them into the shelter to meet these operational demands. This of course left fewer officers available for field services and has driven up response times as noted earlier. Animal Licensing Services The King County Records and Licensing Services (RALS) Division (of which Animal Care and Control is a sub division) provides licensing services to residents in King County. RALS licensing staff sells both dog and cat licenses, as well as other types of pet and animal licenses, such as kennel licenses, guard dog and guard dog training facility licenses, and exotic animal licenses. King County dog and cat licenses are required for all dogs and cats eight (8) weeks of age or older. Dog and cat licenses can be purchased by mail, online or in- person, and are good for one year. In- person licenses can be purchased at various King County locations or locally at Tukwila City Hall. In 2008 and 2009, the number of dog and cat licenses issued for Tukwila residents was 1,306 and 1,122, respectively. Of the 2009 amount, 84 licenses were sold at Tukwila City Hall, with the vast majority of licenses sold online or through the mail. According to King County estimates, the number of total licenses sold accounts for roughly 20% to 25% of the estimated dog and cat population that exists in the City. The table below outlines the number of issued licenses in 2008 and the estimates of the percent of animals licensed: Est. Est. Tukwila Tukwila Est. Dog Cat of Pets Total Pet of Population Population (Cats Est. of Licenses Est. City County Est. (0.63 per (0.71 per and Pets Issued Population Population Households household household) Dogs) Licensed 1,306 18,080 1.54% 7,232 4,571 5,156 9,727 13% Cost and Revenue of Current Animal Services Program Cost: It is unknown how much it is specifically costing King County to provide animal control services to Tukwila residents. Cities have been working with the County to obtain this data, but the County has not historically tracked these costs on a jurisdictional basis, and has not tracked overhead costs for administering these contracts for cities. According to the County, they have been subsidizing animal control service to all cities in King County that contract with them by approximately $1.5 million annually from their general fund. Although it is assumed that much of the subsidy is being provided to other W:1FIN Projects\Council Agenda Items\ InfoMemo _AnimalServicesBriefingForF &S.docx 7 8 INFORMATIONAL MEMO Page 6 jurisdictions that have greater animal control needs than Tukwila, determining what portion of the subsidy is attributable to Tukwila is challenging. The only data cities have been provided are very blunt numbers of the total system cost broken down by the percent of service calls (which are not response calls, only calls coming in for service; many of which were not officially responded to) and shelter intakes coming from these communities. Using this methodology, the chart below outlines what these costs looked like in 2008 for Tukwila: 2008 of Total Field Field Animal of Animal Service Service Field Shelter Shelter Shelter Licensing Control Calls Calls Cost Intake Animals Cost Cost Costs 346 2.97% $64,377 295 2.75% $65,132 $16,441 $145,950 It is important to underscore again, however, that this is not an entirely accurate accounting of the total cost of service provided to Tukwila for the reasons mentioned above. These figures have been included in this memo as a starting point only so that Council may get a sense of the magnitude of the costs. Under any service model, it is anticipated that Tukwila's cost of providing this service will be greater than these rough numbers. As the analysis of the animal control service models has not yet been completed, it is unknown at this time what system costs will realistically look like. Revenue: In 2008, the amount of license fee revenue collected by King County from Tukwila residents was $39,180. In 2009, this amount decreased to $29,351, a 25.1% decrease. The reason for the significant decrease is due to an overall decrease in licensing participation by residents throughout the County. A few cities, such as Shoreline, saw a significant increase in the number of licenses issued in 2009 due to a pilot program by the County to increase licensing participation rates. This program included County canvassers going door -to -door to speak with pet owners whose license had expired. Potential Animal Service Provision Models As King County first announced their intention to alter how animal control services have been provided to cities, the administration felt that looking at options for how to provide this service going forward would provide the Council with the cost and benefit information necessary to make an informed decision. To begin this analysis, staff began researching not only how King County currently provides animal control services to cities, as is outlined in this memo, but also how other jurisdictions provide this service. In King County, only the cities of Seattle, Renton, Des Moines and Normandy Park have their own Animal Control officers. In reviewing how this service is provided around the region, four potential alternatives were initially determined to be potentially feasible for how the City could provide this service to our residents: W:IFIN Projects\Council Agenda Itemsl InfoMemo _AnimalServicesBriefingForF &S.docx INFORMATIONAL MEMO Page 7 Provide the service in -house Provide the service through a regional King County model Provide the service through a sub- regional consortium model of south King County cities (Burien, Kent, SeaTac and Tukwila) Procure the service through an interlocal agreement with a neighboring jurisdiction, such as Des Moines, SeaTac, Burien or Renton. After further discussions with the cities of Renton and Des Moines, it was determined that contracting with these jurisdictions is not the preferred alternative. Although the City of Renton and the City of Des Moines were both very willing to share information and provide insight into how their animal control systems operate, working through the necessary authorizing environments to move a contract forward given the tight time frame cities are working under did not seem feasible. Also, Des Moines would more than likely not have the capacity to take on a jurisdiction such as Tukwila which would nearly double their service area. Regarding the cities of SeaTac and Burien, preliminary discussions with them are focused on a sub regional consortium for addressing animal service needs, rather than these cities creating their own capacity internally. For all of these reasons, as well as limited time to provide a very broad analysis of all five options, the last option has been dropped from the analysis. The remaining three options continue to be explored, with cost models built around each option. The general service models as currently conceived are as follows: Provide Service In- House: Hire Tukwila Animal Control officer for field services work; administratively housed and supported by the Tukwila Police Department Utilize private sector pet licensing vendor, King County licensing service (if available as a stand -alone service), or existing internal capacity for issuing pet licenses Contract with the King County Animal Shelter, located in Kent, for animal sheltering services, or develop contracts with veterinarians and kennels in Tukwila to utilize their facilities for sheltering Provide Service through Regional King County Model: Contract with King County for a full cost recovery field services contract, which would most likely provide two dedicated King County Animal Control officers in a south county service area including the City of Tukwila Contract with King County for a full cost recovery animal licensing contract Contract with King County Animal Shelter for animal sheltering services on a full cost recovery basis Provide Service through South King County Sub regional Model: Hire Animal Control officers to provide service to south King County cities; determine governance and administrative needs of this consortium model Utilize private sector pet licensing vendor or King County licensing service (if available as a stand -alone service) for pet licensing W:IFIN Projects\Council Agenda Items\ InfoMemo_ AnimalServicesBriefingForF &S.docx 9 10 INFORMATIONAL MEMO Page 8 Contract with the King County Animal Shelter on a full cost recovery basis, or develop contracts with veterinarians and kennels in Tukwila and other south County cities to utilize their facilities Estimated Estimated Difference (General Option Revenue Expenses Fund Contribution) In -House I $30,000 1 $130,000 1 $100,000 1 Regional King County Model $30,000 $150,000 $120,000 Sub regional Model $30,000 $85,000 $55,000 The amounts above do not include the $38,000 per year the City of Tukwila currently budgets for enhanced animal services with King County. All the amounts are very preliminary at this time, and could change significantly between now and the end of April, which is when a new model for regional services provided by King County will be presented to the County Council and City Councils that choose to participate in the County service. RECOMMENDATION No recommendation, information only at this time. Updated options, costs and a recommendation will be coming from administration to Council in April. A briefing regarding this item is scheduled for the March 16, 2010 Finance and Safety Committee meeting, and the March 22 Committee of the Whole meeting. W:1FIN Projects\Council Agenda ItemslInfoMemo _AnimalServicesBriefingForF &S.docx 1 CAS NUMBER: 10-028 AGENDA ITEM TITLE C. VI] ;GORY SPONSOR SPONSOR'S SUMMARY Fund Source: Comments: MTG. DATE 03/22/10 MTG. DATE 03/22/10 04/05/10 Meeting Date 03/22/10 04/05/10 10 Q .B EXPENDITURE REQUIRED $o COUNCIL AGENDA SYNOPSIS Initials Prepared by Mayors view Council review MM /BG I MM /BG v ITEM INFORMATION ORIGINAL AGENDA DATE: MARCH 22, 2010 Interlocal Agreement for Sharing of Fiber Optic Installation Projects Discussion Motion Resolution n Ordinance n Bid Award Mtg Date 03/22/10 Mtg Date Mtg Date 4/5/10 Mtg Date Mtg Date Council Mayor Adm Svcs DCD Finance Fire Legal A resolution authorizing the Mayor to sign an Interlocal Agreement which is required to allow the City of Tukwila to become a participating agency and join in and work together with a consortium of local agencies on fiber optic projects for the benefit of all the parties. REVIEWED BY n COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. n Parks Comm. DATE: 3/09/10 RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of Resolution COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST:IMPACT /.FUND SOURCE AMOUNT BUDGETED $o RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memo dated March 9, 2010 General Terms Conditions Installation Projects Interlocal Agreement Addendum #49 to General Terms Conditions Interlocal Agreement Resolution in Draft Form Minutes from Utilities Committee Meeting of 03/09/10 ITEM NO. (_f Public Hearing n Other Mtg Date Mtg Date P&R Police ®PW /IT Transportation Cmte Planning Comm. APPROPRIATION REQUIRED $o 11 12 TO: Mayor Haggerton Utilities Committee DATE: March 9, 2010 ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM FROM: Mary Miotke, IT Director li4 Bob Giberson, PW Director SUBJECT: Interlocal Agreement for Sharing of Fiber Optic Installation Projects Jim Haggerton, Mayor A resolution allowing the Mayor to sign an Interlocal Agreement is required to authorize the City of Tukwila to become a participating agency and join in and work together with a consortium of local agencies on fiber optic projects for the benefit of all the parties. Several years ago the City of Kirkland, City of Bellevue, Lake Washington School District and University of Washington formed a consortium to install fiber throughout the school district, connect the two cities, and begin the process to connect educational institutions to the University. Through resource sharing and joint funding, the consortium has built an interconnected fiber network covering the school district, connecting the two cities as well as Evergreen Hospital and now the Bellevue School District and Bellevue Community College. In 2006, the City of Renton and Renton School District joined the consortium; Valley Communications and the Cities of Auburn, Puyallup and Federal Way joined in 2009. The Cities of Pacific and Kent are currently in the joining process along with Tukwila. The City of Tukwila has been discussing mutual projects with Renton and the other Valley Communication owner cities to add fiber to the consortium network in an effort to provide a dedicated fiber connection to Valley Communications to meet our public safety needs. The University of Washington is desirous of completing a connection to their Tacoma Campus and between other facilities and educational institutions. Many of the consortium members have an interest in connecting to high -tech facilities within the City of Tukwila. As a member of the consortium we will have the ability to work with any of the partner agencies that desire connectivity through our City. This will allow us to cost share the construction and implementation costs making the projects significantly more cost effective for the City of Tukwila. This Interlocal Agreement forms a foundation for talking with the other agencies. Each individual project undertaken is contracted as a separate addendum to the general terms and conditions and is executed by the parties interested in participation. There are no costs associated with ioinina the fiber consortium; however, several consortium fiber projects are currently being discussed that are of interest to the City. There will possibly be costs or in -kind contributions associated with these future projects for, at a minimum, operations and maintenance of the fiber runs. The City's participation in each project will be determined on an individual and economic basis as the projects arise and are brought before the consortium for consideration. As a member of this consortium, the City will have a representative from both the 13 INFORMATIONAL MEMO Page 2 IT and Public Works Departments at the table to participate in those discussions to help determine project scope and details. Participation in future projects would vary in cost and the Mayor would approve under the $40K threshold if budgeted; otherwise, a project would be presented to Council for approval or considered for addition to the next budget cycle. This agreement to join the consortium is Addendum #49 to the General Terms and Conditions for Sharing of Fiber Optic Installations Projects Interlocal Agreement. Addendums #1 #48 were executed as other agencies joined the consortium or for actual projects entered into by existing members of the consortium. RECOMMENDATION Council is being asked to forward this resolution request to the Committee of the Whole meeting on March 22, 2010 and the Regular meeting on April 5, 2010, authorizing the Mayor to sign the General Terms and Conditions for Sharing of Fiber Optic Installations Projects Interlocal Agreement, Addendum #49, to join the fiber consortium and participate in projects. ATTACHMENTS A. General Terms and Conditions for Sharing of Fiber Optic Installations Projects Interlocal Agreement B. Addendum #49 to General Terms and Conditions for Sharing of Fiber Optic Installations Projects Interlocal Agreement C. Resolution in draft form 14 C:l temp1xPgrpwise \UtilityComminfoMemoo30990.doc GENERALTERMSandCONDITIONS Interlocal Agreement For Sharing of Fiber Optic Installation Projects 15 16 TABLE OF CONTENTS L RECITALS 1 II. PURPOSE OF AGREEMENT 1 HI. DEFINITIONS 2 IV. RELATIONSHIPS AMONG PARTICIPATING AGENCIES 5 A. PRINCIPLES B. TERM C. FIBER OPTIC PROJECT 6 D. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS 6 E. CHANGES F. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE 9 G. USE OF FIBERS 9 H. SALE OF FIBERS .9 I. PARTICIPATING AGENCIES RIGHT OF FIRST REFUSAL 10 J. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES 11 K. TAXES 11 L. PAYMENTS 11 V. LEAD AGENCY RESPONSIBILITIES 12 A. GENERAL RESPONSIBILITY OF LEAD AGENCY 12 B. AGREEMENTS, APPROVALS, PERMISSIONS AND PERMITS 12 C. NOTICE OF INSTALLATION AND TESTING 13 D. MAINTENANCE AND REPAIR RESPONSIBILITIES 13 E. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE LEAD AGENCY 14 F. LEAD AGENCY'S NONCOMPLIANCE 14 G. AUDIT 14 VI. FACILITY OWNER RIGHTS AND RESPONSIBILITIES 15 A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES 15 B. APPROVALS 15 C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS 16 D. ACCESS TO AND USE OF FACILITIES 16 E. BUILDING ENTRANCES 17 Terms and Conditions for Sharing of Fiber Optic Installation Projects March 3, 2010 1 7 18 F. MODIFICATIONS TO FACILITIES 17 G. RELOCATION OF FIBER OPTIC CABLE 18 H. RIGHTS OF PROPERTY 18 I. DEFAULT AND DISPUTE RESOLUTION 19 VII RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS 20 A. RESPONSIBILITY 20 B. APPROVALS 20 C. INSURANCE 20 VIII. INDEMNIFICATION AND LIMITATION OF LIABILITY 21 A. LIMITATION OF LIABILITY AND INDEMNITY —LEAD AGENCY 21 B. LIMITATION OF LIABILITY AND INDEMNITY— FACILITY OWNERS 21 C. LIMITATION OF LIABILITY AND INDEMNITY— PARTICIPATING AGENCIES 22 IX ADDITIONAL TERMS AND CONDITIONS 23 A. LAWS, LICENSES, AND PERMITS 23 B. PERFORMANCE 23 C. SUBJECT TO LAWS 24 D. FORCE MAJEURE 24 E. NO WAIVER 25 F. SEVERABILITY 25 G. RIGHTS CUMULATIVE 25 H. CONTRACTUAL RELATIONSHIP 26 I. HEADINGS 26 J. APPLICABLE LAW AND VENUE 26 K. BINDING EFFECTS 26 L. ASSIGNMENT 26 M. NOTICES 26 N. MODIFICATION OR AMENDMENT 27 O. EXECUTED IN COUNTERPARTS 27 P. SUPERCEDES CITY OF KIRKLAND FRANCHISE 27 ExhibitA 1 Terms and Conditions for Sharing of Fiber Optic Installation Projects March 3, 2010 L RECITALS WHEREAS, the Lake Washington School District plans to construct a fiber optic network among its schools for the purpose of improving overall learning and achievement by increasing the availability and diversity of training and educational material; and WHEREAS, the City of Kirkland requires a fiber optic network amongst its facilities to provide services to its constituents, for traffic including but not limited to: traffic, SCADA systems, economic development, business support, and WHEREAS, the City of Kirkland and the City of Bellevue desire a direct fiber connection, to enhance internal governmental cooperation and extend communications to other local governments, achieve efficiencies through shared resources, and WHEREAS, the University of Washington desires a path North to South through the City of Kirkland, and WHEREAS, each of the Parties have a portion of what is required to build a fiber network but do not want to duplicate efforts, and WHEREAS, the Parties and their respective `citizens' have a vested interest in supporting and improving educational opportunities, community communications; and infrastructure, and WHEREAS, the City of Kirkland, City of Bellevue, and the University of Washington have conduit plant available that can serve all the Parties; and WHEREAS, the Lake Washington School District has signed the City of Kirkland's Franchise Agreement allowing the Lake Washington School District use of the City of Kirkland's Right of Way. Therefore the parties agree as below. II. PURPOSE OF AGREEMENT This interlocal agreement outlines how the parties will work together on fiber optic projects for the benefit of all the Parties. This document also outlines the roles and responsibilities of all the Parties and use of the fiber cables today and into the future. Terms and Conditions for Sharing of Fiber Optic Installation Projects 1 19 20 III. DEFINITIONS Whenever used in this Agreement with initial letters capitalized, the following terms shall have the following specified meanings, unless the context clearly requires a different meaning: A. Agreement Refers to this document, General Terms and Conditions for sharing fiber optic projects B. Building Entrance Conduit or Conduits usually connecting a Vault, Handhole, or Maintenance Hole in the public right -of -way to a building. C. Common Fiber Spares Fiber strands installed as part of a Fiber Optic Project held in reserve solely for replacement of disabled fibers. D. Conduit or Duct Enclosed runway or tube designed to house cables for their protection. E. Dark Fiber An optical fiber strand not coupled to an optical light source. F. Demarcation Point A point agreed to between the facility owner and lead agency that documents where one party's responsibilities end and the other begin and is required to be documented, agreed to and approved in the Fiber Optic Project Agreement. G. Indirect Costs Indirect costs are costs determined in accordance with a Participating Agency's standard methodology for computing indirect costs. Indirect costs shall include costs of labor, benefits, equipment usage, miscellaneous materials, material handling, and administrative and general charges. This definition also applies to Facility Owner indirect costs. H. Facility or Facilities A structure including but not limited to: Buildings, Vaults, Maintenance Holes, Handholes, Conduit, Building Entrances. I. Facility Manager The person designated by the Facility Owner to manage the Facility, including granting access, determining and approving its use and terms and conditions for such use. Terms and Conditions for Sharing of Fiber Optic Installation Projects 2 J. Facility Owner The Participating Agency that is the legal owner of a Facility or Facilities or the Participating Agency holding the legal right to grant permission to occupy, use or modify Facilities. K. Fiber Optic Cable A cable installed by the Participating Agencies pursuant to this Agreement that is composed of strands of glass fiber, each strand which is designed to conduct signals of modulated light (optical signals) from one end to the other. L. Fiber Optic Project The Work associated with the installation of fiber optic transmission materials, pursuant to a Fiber Optic Project Agreement. M. Fiber Optic Project Agreement An agreement for a specific Fiber Optic Project with Participating Agencies that specifies the contractual relationships between and among the participants. N. Fiber Strand or Strand of Fiber A single thin transparent fiber of glass enclosed by a material of a lower index of refraction that reflects light throughout its length by internal reflections. O. Handhole An underground structure (usually concrete) providing an opening in a Conduit in which workers may reach into but usually do not enter for the purposes of installation and maintenance of cable. P. Lead Agency The Participating Agency designated by mutual consent in a Fiber Optic Project Agreement that is responsible for managing Fiber Optic Project related Work, including entering into construction contracts and overseeing the construction work for the Participating Agencies and ongoing maintenance of the Fiber Optic Project(s). Q. Make -Ready Work Any and all planning, analysis, design, review, adjustment to equipment, construction, and/or other activities (such as tree trimming) necessary to prepare existing Facilities for use by the Lead Agency as determined by the Facility Owner. R. Participating Agency A public agency that is a signatory to this Agreement for the purpose of engaging in the shared Fiber Optic Project(s). S. Participating Agency Facilities Those Facilities owned, managed, occupied, by a Participating Agency Department or Division. T. Pathway Aerial or underground Facilities used for the purpose of placing fiber optic cables, splice cases, trace wire, etc. U. Project Budget(s) Terms and Conditions for Sharing of Fiber Optic Installation Projects 3 21 22 A required section of all Fiber Optic Project Agreements which identifies the total anticipated costs for Work performed as part of that agreement, including contingency, and allocates responsibility for those costs, including ongoing maintenance, to all parties to that Fiber Optic Project Agreement. V. Splice The point where two separate optical fiber strands are joined together either mechanically or by fusion to make one continuous optical fiber strand. W. Telecommunications Service(s) Telecommunications service(s) is the transmission of information over Fiber Strands from one location to another (not including services provided between two areas within the same building) meeting industry accepted transmission standards, their equivalent or replacement service. Such information includes but is not limited to voice, video, data, pictures, and facsimile. Telecommunication service(s) does not include Dark Fiber or services other than transmission services. X. Work All activities related to the planning, right -of -way acquisition, scheduling, analysis, design, engineering, preparation, construction, installation, evaluation, maintenance, repair and operation of a Fiber Optic Project as provided for in this Agreement or a Fiber Optic Project Agreement including Make -Ready Work but not including work done prior to the execution of a Fiber Optic Project Agreement. Terms and Conditions for Sharing of Fiber Optic Installation Projects 4 IV. RELATIONSHIPS AMONG PARTICIPATING AGENCIES A. PRINCIPLES B. TERM Terms and Conditions for Sharing of Fiber Optic Installation Projects Agreements among the Participating Agencies for sharing of Fiber Optic Projects shall conform to the following principles: 1. Participation in Fiber Optic Projects is voluntary and can depend on specific cable routes. 2. Arrangements for cooperation should be fair and equitable among Participating Agencies. Any special configuration, such as a routing change to accommodate a particular Participating Agency, should be paid for in whole by that Participating Agency. 3. If a Facility Owner requires a route change due to the requirements for optimal Facility access, the costs of such a change shall be considered general project costs of the affected Participating Agencies and not the sole responsibility of the Facility Owner as a Participating Agency. 4. Participating Agencies may have varying amounts of financial and other responsibilities on different projects. One or more Fiber Optic Project Agreement(s) will define and document those responsibilities. As a general principle Participating Agencies should share maintenance proportionately based on each Participating Agency's share of the Fiber Strands deployed or as described in the Fiber Project Agreement(s). 5. Participating Agencies may, from time to time, act variously and simultaneously as Lead Agencies and/or Facility Owners. 6. The Lead Agency for a specific Fiber Optic Project may be changed with the mutual consent of all Participating Agencies that are party to that specific Fiber Optic Project. This Agreement shall become effective upon the execution of all Participating Agencies, and unless terminated sooner in accordance with the provisions of this Agreement shall continue for a period of ten (10) years, and automatically renew for an additional ten (10) years upon the agreement of the parties. 5 23 24 C. FIBER OPTIC PROJECT Terms and Conditions for Sharing of Fiber Optic Installation Projects As a starting point for negotiations of a renewal Agreement, the Participating Agencies will use this Agreement as the framework for further negotiations. Under the terms of any renewal agreement, the Participating Agencies shall continue to make payments as specified in any applicable Fiber Optic Project Agreement(s). All Fiber Optic Projects among Participating Agencies shall have a Fiber Optic Project Agreement specifying the following; including contact names and addresses where appropriate. Participating Agencies Lead Agency and Project Manager Route Facilities to be Used; Facility Owners; and the Facility Manager(s) Project Budget, including Contingency and Terms of Cost Sharing Apportionment of Liability Project Schedule Changes or Addenda to General Terms and Conditions Bond and Insurance Requirements for Contracting and Participating Agencies Fiber Allocation including Spares. Maintenance Responsibilities and Costs, including Ongoing Maintenance and Responsibilities for Moves. Points of Demarcation Each Fiber Optic Project Agreement shall be an attachment to and run concurrent with this Agreement, General Terms and Conditions For Sharing of Fiber Optic Installation Projects Interlocal Agreement. D. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS Upon execution of a Fiber Optic Project Agreement, the Participating Agencies shall develop, review and/or revise the planning, engineering, design, installation, and maintenance procedures for the Fiber Optic Project. The procedures will be subject to the approval of the Participating Agencies and of the Facility Owners as specified in Section IV and in related Exhibits and Addenda. The procedures will be substantially similar to the following: 1. Perform Feasibility Review A Participating Agency with an interest in a shared Fiber Optic 6 Terms and Conditions for Sharing of Fiber Optic Installation Projects Project will undertake a feasibility review to determine which of the Participating Agencies has an interest in participating in the Fiber Optic Project, the possible routes, the availability of Facilities, the approximate cost and the time frame required for installation. Prospective Facility Owners shall be included in the feasibility review process. 2. Execute Fiber Optic Project Agreement The Fiber Optic Project Agreement must ensure that approval by the appropriate authority is granted for Facilities to be used and shall specify the information listed in Section IV.C. 3. Perform Detailed Engineering Design The Lead Agency shall work with Facility Owners to complete routing, obtain permission for use of Facilities, etc. Any changes exceeding the approved Project Budget (see definitions above) shall require approval by the Participating Agencies; such approval shall not be unreasonably withheld. 4. Install Project The Lead Agency shall be responsible to ensure compliance with all reasonable requirements of the Facility Owner. Facility Owner staff shall be authorized to stop Work on an installation that is being conducted by the Lead Agency and its contractors on the Fiber Optic Project if Facility Owner or Participating Agency reasonably determines that the Work in question is inadequate, unsafe or would or could potentially cause a problem. 5. Complete Acceptance of Fiber Optic Project The Lead Agency shall formally accept installation of the Fiber Optic Project by issuing a formal letter to the contractor(s) and the Participating Agencies stating that the Work has been completed in accordance with contract specifications, final test documentation has been received, and all punch -list items have been resolved to the satisfaction of the Lead Agency and Facility Owner(s). Such acceptance shall authorize final payment(s) to contractor(s). The Lead Agency shall also document and identify ownership of Fiber Strands, providing a copy of such documentation to all Participating 7 25 26 Agencies. 6. Establish Maintenance Plan 7. Keep Records 8. Provide Access to Records Terms and Conditions for Sharing of Fiber Optic Installation Projects The Lead Agency shall develop a maintenance plan for the Fiber Optic Project, and upon acceptance of the maintenance plan by the Participating Agencies, the Participating Agencies will, by mutual consent, appoint a maintenance manager, usually the Lead Agency. The Lead Agency shall provide Participating Agencies and/or Facility Owners with whatever documents are required by the Facility Manager(s) so Facility Owner(s) can maintain accurate records of where and how the Participating Agencies installed equipment within or on Facilities, and where and how the Participating Agencies modified any Facility. Among the materials that must be provided to Facility Owner are computerized records and archival quality drawings that document installation or modification Work performed by the Lead Agency or its contractors. The Lead Agency shall not charge the Facility Owner for providing any necessary documentation required by the Facility Manager. Such costs, however, shall be included as part of the Project Budget (see definitions above). All Participating Agencies shall provide access to relevant records with respect to design, installation and maintenance of components of the Fiber Optic System located within or on Facilities to Facility Owners) when requested by the Facility Manager(s). The Participating Agencies shall not charge the Facility Owner for either access to, such information or for obtaining copies of any portion of the information. Such costs, however, shall be included as part of the Project Budget. The records to which the Participating Agencies shall provide the Facility Owner access include, but are not limited to computerized records and design drawings, equipment and fiber specifications, route maps, manufacturer's test reports on fibers and on other equipment, documentation of the installation of Fiber Optic Cable and other equipment, and documentation of maintenance done on fibers and other equipment. 8 E. CHANGES Participating Agencies shall have the right to propose changes to the Fiber Optic Project Agreement which must first be approved by all Participating Agencies, including replacing the Lead Agency and adjusting Project Budgets. Changes that impact Facility Owners shall be subject to approval by the Facility Owners. The costs of any changes proposed by and beneficial to an individual Participating Agency made after the signing of a Fiber Optic Project Agreement shall be borne by that Participating Agency. However, if a Facility Owner requires a route relocation due to the requirements for optimal Facility access, the costs of such a relocation shall be considered general project costs and not the sole responsibility of the Facility Owner as a Participating Agency. The costs of other changes that are approved by the Participating Agencies because they are deemed necessary to complete the Fiber Optic Project shall become part of the total project cost. F. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE All Fiber Optic Cable and Fiber Strands installed as part of a Fiber Optic Project shall be allocated to the individual Participating Agencies as specified in the Fiber Optic Project Agreement. The Participating Agencies shall own all right and title to these allocated Fiber Strands. G. USE OF FIBERS A Participating Agency shall have complete free and unrestricted use of the Fiber Strands installed and allocated to it under a Fiber Optic Project Agreement for any lawful purpose subject to applicable agreements, approvals, permission and penniits. H. SALE OF FIBERS Terms and Conditions for Sharing of Fiber Optic Installation Projects Common Fiber Spares, if provided for in a Fiber Optic Project Agreement, shall be shared in common among the Participating Agencies only. Identified Common Fiber Spares shall be used only as replacements for disabled Fibers Strands unless documented and agreed to in a Fiber Optic Project Document. Use of spare fibers shall be implemented by the Lead Agency, with notification to all Participating Agencies. Participating Agencies who wish to sell or otherwise transfer their allocated fibers to any other party must obtain written and unanimous approval from 9 27 28 PARTICIPATING AGENCIES RIGHT OF FIRST REFUSAL Terms and Conditions for Sharing of Fiber Optic Installation Projects all Participating Agencies, whom are also granted right of first refusal regardless of circumstances of the sale. Before any allocated fibers held by a Participating Agency may be sold or otherwise transferred (including transfer by gift or operation of law), the other Participating Agencies, either individually or collectively, shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this section. (a) Notice of Proposed Transfer. The selling Participating Agency shall deliver to all Participating Agencies a written notice stating: (i) the bona fide intention to sell or otherwise transfer such allocated fibers; (ii) the name of each proposed purchaser or other transferee; (iii) the number of fibers to be transferred to each proposed transferee; (iv) the bona fide cash price or other consideration for which the selling Participating Agency proposes to transfer the allocated fibers and the material terms and conditions of the proposed transfer (the "Offered Terms and (b) offer the allocated fibers at the Offered Terms to the other Participating Agencies. (b) Exercise of Right of First Refusal. At any time within 60 days after receipt of the notice, the other Participating Agencies, either individually or collectively, may, by giving written notice to the selling Participating Agency, elect to purchase all, but not Less than all, of the allocated fibers proposed to be transferred to any one or more of the proposed transferees, at the purchase price and on the terms determined in accordance with subsection (c) below. (c) Purchase Price. The purchase of the allocated fibers by the other Participating Agencies, either individually or collectively, under this section shall be identical in all material respects to the Offered Terms. (d) Payment. Payment of the purchase price shall be made in accordance with the Offered Terms, within ninety (90) days after delivery of the written notice by the other Participating Agencies, either individually or collectively, as set forth in (b) above. (e) Right to Transfer. If all allocated fibers proposed in the notice to be transferred to a given proposed transferee are not purchased by the other Participating Agencies, either individually or collectively, the Participating Agency may sell or otherwise transfer such allocated fibers to that proposed transferee, provided that such sale or other transfer is consummated within 10 J. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES Nothing in this document precludes Participating Agencies from entering into separate agreements with other Participating Agencies to utilize fiber optic cable other than the Fiber Optic Cable installed pursuant to a Fiber Optic Project Agreement. K. TAXES Terms and Conditions for Sharing of Fiber Optic Installation Projects sixty (60) days after the date of the notice and provided further that any such sale or other transfer is affected in accordance with Offered Terms as presented to the other Participating Agencies. If the allocated fibers described in the notice are not transferred to the proposed transferee within such period, a new notice shall be required and the other Participating Agencies, either individually or collectively, shall again be offered the Right of First Refusal before any allocated fibers held by the may be sold or otherwise transferred. (f) Any entity purchasing the right to use fibers installed under a Fiber Optic Project Agreement must agree to all the terms and conditions of this Agreement, including the General Terms and Conditions, Exhibits and Addenda as specified in this document and shall notify the Facility Owner(s) of any such purchase. Participating Agencies may grant the right to use their fiber allocation to any other party provided the sale or lease is approved by a majority of the other Participating Agencies. Such approval shall not be reasonably withheld. The Participating Agencies shall pay, before delinquency, all applicable taxes, levies, and assessments arising from their joint installations and undertakings under a Fiber Optic Project Agreement L. PAYMENTS Participating Agencies shall pay all amounts owed to the Lead Agency within forty-five (45) days of receipt of the billing. If a Participating Agency cannot or does not make payment for charges owed or if there is a dispute as to amounts owed such dispute shall be resolved through the process identified in this Agreement. If the Participating Agency fails to make payment as required, then its 11 29 30 allocated Fiber Strands shall become the property of the other Participating Agencies and those Participating Agencies may either reallocate the Fiber Strands amongst themselves or sell the Fiber Strands pursuant to the provision of Section III. H and Section III. I above. V. LEAD AGENCY RESPONSIBILITIES A. GENERAL RESPONSIBILITY OF LEAD AGENCY Terms and Conditions for Sharing of Fiber Optic Installation Projects The Lead Agency shall be responsible for the overall management of the Work necessary for the successful completion of the Fiber Optic Project, as the agent of the Participating Agencies in the Fiber Optic Project, pursuant to the terms and condition of the applicable Fiber Optic Project Agreement. The Lead Agency shall have the authority and be responsible for negotiating and entering into such separate contract agreements as are necessary with Facility Owners for the specific use of their Facilities in furtherance of the Fiber Optic Project. The Lead Agency will also have the authority to enter into and manage such separate contract agreements with contractors as are necessary to perform all or part of the Work associated with the Fiber Optic Project. The Lead Agency is responsible for ensuring that all applicable terms and conditions of the Fiber Optic Project Agreement(s), General Terms and Conditions, exhibits and addenda are included in the contract agreements with Facility Owners and contractors. Prior to execution of any contract agreements with Facility Owners or contractors, the Lead Agency shall provide an opportunity for the Participating Agencies to review and comment on such agreements. In the event there is a dispute regarding any of the provisions or lack of provisions of any agreement, such dispute shall be resolved through the process identified in this Agreement. The Lead Agency shall keep the Participating Agencies informed as to the status of the Fiber Optic Project. B. AGREEMENTS, APPROVALS, PERMISSIONS AND PERMITS The Lead Agency shall be responsible for obtaining all necessary agreements, approvals, permissions and permits and any other documents required or necessary for the successful completion of the Fiber Optic 12 C. NOTICE OF INSTALLATION AND TESTING D. MAINTENANCE AND REPAIR RESPONSIBILITIES Terms and Conditions for Sharing of Fiber Optic Installation Projects Project and to keep them in place and current. The Lead Agency shall notify the Participating Agencies when initial installation of the Fiber Optic Cable and acceptance testing of all of the Fiber Strands have been completed. 1. Maintenance and Repair of Fiber Optic Cable, Fiber Strands, and Pathway Maintenance of the Fiber Optic Cable and Fiber Strands within Fiber Optic Cable installed pursuant to a Fiber Optic Project Agreement shall be the responsibility of the Lead Agency as agent for the Participating Agencies up to the Demarcation Point. Lead Agency maintenance responsibility shall continue for the term of the Fiber Optic Project Agreement and for any extensions or renewals. In instances where service to any of the Participating Agencies has been interrupted on the Lead Agency side of the Demarcation Point, the Lead Agency, at the Participating Agencies' request, will make a reasonable effort to complete repairs of the Fiber Optic Cable as soon as practicably possible provided that all necessary permissions to effect the repairs has been obtained from the Facility Owner(s). Restoration of telecommunications, traffic control, and public safety services shall be given the highest priority in the event that any of these services and the Participating Agencies' telecommunications services are interrupted at the same time, unless otherwise agreed to by the Participating Agencies at the time of restoration. In the event of an outage, the Participating Agencies shall promptly work to restore the functionality of the Fiber Optic Cable as soon as reasonably possible and practical after restoration of any other necessary services. The Participating Agencies shall not cut or otherwise damage Fiber Optic Cable unless absolutely necessary for the safe and prompt restoration of telecommunications, traffic control and street lighting systems, 2. Maintenance and Repair Expenses 13 31 32 G. AUDIT Terms and Conditions for Sharing of Fiber Optic Installation Projects The Participating Agencies shall be responsible for the expense of maintenance and repair of the Fiber Optic Cable and Fiber Strands for the duration of the Fiber Optic Project Agreement and any extensions or renewals thereof on a basis proportional to the ownership of Fibers Strands allocated to each Participating Agency or by such other method as may be specified in the applicable Fiber Optic Project Agreement(s). The designated maintenance manager shall review ongoing maintenance expenses with Participating Agencies as reasonably requested, but at least on an annual basis. The Lead Agency shall contract with a vendor capable of making any necessary repairs. The contract shall provide for around the clock service, defined response times and supply guarantees. E. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE LEAD AGENCY All reasonable and necessary costs and expenses incurred by the Lead Agency in performance of any Work to successfully complete a Fiber Optic Project shall be actual and verifiable. The Lead Agency shall provide documentation of its methodology for computing any Indirect Costs, including Indirect Costs for Facility Owners. The Participating Agencies shall reimburse the Lead Agency within forty-five (45) days of receipt of the Lead Agency's statement of charges. F. LEAD AGENCY'S NONCOMPLIANCE The Lead Agency shall make its best good faith effort to adhere to the terms, condition and requirements of the Work as provided in the Fiber Optic Project Agreement, and the required record keeping as provided in this Agreement. Absent negligence or other misconduct on the part of the Lead Agency, any additional Work necessary to conform the Work to requirements of the Fiber Optic Project Agreement will be a general project cost allocated to the Participating Agencies. Where there has been negligence or other misconduct on the part of the Lead Agency and additional Work is necessary to conform the Work to requirements of the Fiber Optic Project Agreement shall be at the expense of the Lead Agency. 14 The Lead Agency shall permit Participating Agencies or designated agent(s) thereof from time to time (including up to five years after the expiration or termination of a Fiber Optic Project Agreement), to inspect and audit all pertinent books and records of the Lead Agency, the subcontractors or any other person or entity in connection with or related to the Fiber Optic Project with respect to the services provided, costs thereof, and the compensation paid therefore. Such audit shall occur at such reasonable times and at such reasonable location(s) as mutually agreed to by the Participating Agencies and the Lead Agency. VI. FACILITY OWNER RIGHTS AND RESPONSIBILITIES A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES 1. Use of and Facilities owned by a Participating Agency shall comply with all requirements of the Participating Agency that owns them. Use of a Facility shall be designed and constructed so as to maximize the reasonable additional future use of such Facility. The general project costs shall include all fees and charges for the use of the Facility. 2. This Agreement shall not be construed to authorize any Participating Agency to make use of any other Participating Agency's Facilities unless such use is specifically authorized by the Participating Agency in its capacity as a Facility Owner. 3. The Facility Owner has final approval of planning, engineering, design, material, and maintenance for all portions of a Fiber Optic Project on or within its Facilities. B. APPROVALS Terms and Conditions for Sharing of Fiber Optic Installation Projects All contractors hired by the Lead Agency to Work within or on Facilities shall be subject to approval by Facility Owner(s), such approval not to be unreasonably withheld. In all agreements with contractors, the Facility Owner(s) may require the Lead Agency to specify that the contractors attend one or more pre construction meetings with the appropriate Participating Agencies and Facility Owners to review installation requirements for the Work and any restrictions or other requirements that must be adhered to, prior to any Work being performed in or on Facilities. The contractor agreement shall state that the Facility Owner or the Participating Agency has 15 33 34 authority to stop inadequate or unsafe Work or require that inadequate or unsafe Work be corrected, as provided by this Agreement. C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS 1. Risk of Co- location Terms and Conditions for Sharing of Fiber Optic Installation Projects In choosing to co- locate any components of a Fiber Optic Project in any Facilities, the Participating Agencies acknowledge and accept all risks that are associated with having components of the Fiber Optic Project co- located with in any such Facility. 2. Easements Participating Agencies acknowledge that existing easements may not be sufficient and are not warranted to be available for the purpose of this Agreement and/or any Fiber Optic Project Agreement. Additional easements may be required. D. ACCESS TO AND USE OF FACILITIES The Lead Agency shall obtain access to and use of Facilities from Facility Owners for the purpose of installing, maintaining and repairing components of the Fiber Optic Project, including all agreements, approvals, permissions, and permits required. Such Access shall be subject to Facility availability as reasonably determined by the Facility Manager, and any and all reasonable conditions specified by the Facility Owner. 1. Permission to Enter Access to Facilities shall be allowed only after the Facility Owner has been notified per item 2., below, and permission has been granted by the Facility Owner. 2. Requests for Access All requests for access to Facilities must be made through the appropriate Facility Manager or designee in writing (facsimile or email acceptable), and shall be subject to the restrictions and conditions in this Agreement. 16 Terms and Conditions for Sharing of Fiber Optic Installation Projects In the event of an emergency, requests for access may be made in person or by telephone. In such cases, prompt written documentation of the request will follow. 3. Buildings If the Lead Agency desires to utilize space in any building, the Lead Agency shall comply with the restrictions and conditions specified by the designated building manager. 4. Conformance to Regulations Access to and use of any Facility shall be in conformance with all codes, regulations and requirements. E. BUILDING ENTRANCES In the event that an existing Building Entrance that is owned or controlled by one of the Participating Agencies is not usable or is inadequate, unsafe or would or could potentially cause a problem for either entering a building or for providing access to the location in a building where the Participating Agencies have installed Fiber Optic Project components, then the Lead Agency will have the responsibility for making alternative arrangements for Building Entrance with the Facility Owner. The expense associated with any required alternative Building Entrance because the Existing Building Entrance is not usable or is inadequate, unsafe or would or could potentially cause a problem for either entering a building or for providing access to the location in a building where the Participating Agencies have installed Fiber Optic Project components shall be borne by the Participating Agencies utilizing the building as a general project cost. F. MODIFICATIONS TO FACILITIES At the Lead Agency's request, the Facility Owner shall make reasonable and necessary modifications to any existing Facilities or the Building Entrance to facilitate building access for the Fiber Optic Project. Any requests by the Lead Agency for such modifications shall be made to the Facility Owner and/or Manager. Costs for such modifications shall be paid as allocated in the Fiber Optic Project Agreement. The design and construction of any required modifications to any Facility or 17 35 36 Building Entrance shall be subject to the review and approval by the Facility Owner and Participating Agencies. Any unauthorized modifications must be corrected at the expense of the Lead Agency. G. RELOCATION OF FIBER OPTIC CABLE The Lead Agency will work with the Facility Owner to make a good faith effort to ensure that the Fiber Optic Cable within or on Facilities is designed and constructed so as to minimize the likelihood of future relocation. However, upon notice from the Facility Owner that relocation is required, the Lead Agency shall work with the Facility Owner to ensure timely relocation of such Fiber Optic Cable. The Facility Owner has the right of pre- approval and post construction acceptance of any work required either to remove cable from within or on Facilities or to place cable within or on alternative Facilities. 1. All relocations of Fiber Optic Cable, regardless of reason, will be managed by the Lead Agency. All relocations will be managed as a part of and under the terms and conditions of existing Fiber Optic Project Agreement that controlled the original construction and installation. 2. Notice Except for emergency situations, the Facility Owner will give the Lead Agency at least ninety (90) days notice of the need to relocate any components of the Fiber Optic Project located within or on Facilities. 2. Relocation H. RIGHTS OF PROPERTY Terms and Conditions for Sharing of Fiber Optic Installation Projects When relocation is required, the Facility Owner shall, when possible, provide substitute Facilities within or on which the Participating Agencies may relocate the components of the Fiber Optic Project. Nothing in the General Terms and Conditions, Exhibits and/or Addenda shall be construed to convey to the Participating Agencies any property rights in existing Facilities of a Facility Owner. Nothing in the General Terms and Conditions, Exhibits and /or Addenda shall be construed to 18 I. DEFAULT AND DISPUTE RESOLUTION Terms and Conditions for Sharing of Fiber Optic Installation Projects compel a Facility Owner to maintain any of its Facilities for a period longer than is necessary for its own service requirements. In the event that Facilities are abandoned by the Facility Owner, the Participating Agencies may remain in such Facilities at their own risk, subject to the approval of the Facility Owner. Any property rights in Facilities created or constructed as part of a Fiber Optic Project Agreement will be allocated per the Fiber Optic Project Agreement. The Participating Agencies desire, if possible, to resolve disputes, controversies and claims "Disputes arising out of this Agreement or any Fiber Optic Project Agreement without litigation. To that end, if any Participating Agency believes that another Participating Agency, whether as a Participating Agency, Facility Owner, or Lead Agency, has failed to perform any obligation under this Agreement or any Fiber Optic Project Agreement or has perfoin>_ed such obligation in a manner inconsistent with this Agreement or any Fiber Optic Project Agreement, then the Participating Agency shall provide written notice to all Participating Agencies, stating with reasonable specificity the nature of the Dispute. Thereafter, each Participating Agency shall appoint a knowledgeable, responsible management representative to meet within thirty (30) days of the date of the written notice and negotiate in good faith to resolve any Dispute. The Participating Agencies intend that these negotiations be conducted by non lawyer, business representatives. The discussions shall be left to the discretion of the representatives. The Participating Agencies agree that the discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, shall be exempt from discovery and production, and shall not be admissible in any action or proceeding arising under or concerning this Agreement or any Fiber Optic Project Agreement, without the concurrence of all parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in any such action or proceeding If the negotiations between the Participating Agencies do not resolve the Dispute within sixty (60) days of the initial written request, the Dispute shall be submitted to non binding mediation with a mediator chosen by mutual 19 37 38 VII. RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS A. RESPONSIBILITY B. APPROVALS C. INSURANCE Terms and Conditions for Sharing of Fiber Optic Installation Projects agreement of the parties or, in the absence of such agreement, with Judicial Dispute Resolution, LLC. Each Participating Agency shall bear its own cost of these Dispute resolution procedures. The Participating Agencies that are party to the mediation shall equally share the fees of the mediation and the mediator. Nothing in this paragraph precludes any Participating Agency from seeking relief from King County Superior Court should mediation efforts be unsuccessful. The Lead Agency is responsible for ensuring that the applicable terms and conditions of the Project Agreement, General Terms and Conditions, exhibits and addenda are included in Agreements with Facility Owners and contractors. However, each contractor shall be held liable for any negligence caused by its performance or failure to perform the work under the Project Agreement or any contracts with the Lead Agency. All contractors hired by the Lead Agency to work within or on Facilities shall be subject to approval by Facility Owner(s). In all agreements with contractors, the Facility Owner(s) may require the Lead Agency to require such contractors to attend a pre construction meeting with the appropriate authority to review installation requirements and Work restrictions prior to any Work being performed in or on Facilities. The contractor's agreement shall state that the Facility Owner or the jurisdiction having rights -of -way has authority to stop Work or require that inadequate Work be corrected. Prior to undertaking any work under any Fiber Optic Project Agreement, the Lead Agency shall ensure that all contractors, at no expense to the Lead Agency, Participating Agencies and Facility Owner(s), have obtained and 20 Terms and Conditions for Sharing of Fiber Optic Installation Projects filed with the Lead Agency, acceptable evidence of a policy or policies of insurance as enumerated in the applicable Fiber Optic Project Agreement. VIII. INDEMNIFICATION AND LIMITATION OF LIABILITY A. LIMITATION OF LIABILITY AND INDEMNITY —LEAD AGENCY The Lead Agency, when acting in that capacity, shall not be liable, in law or in equity, to the Facility Owner, Participating Agencies, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct of the Lead Agency. The Facility Owners and Participating Agencies shall indemnify and save harmless the Lead Agency, its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by the Lead Agency in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. THE LEAD AGENCY SHALL NOT BE LIABLE TO THE FACILITY OWNER, PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. B. LIMITATION OF LIABILITY AND INDEMNITY— FACILITY OWNERS Facility Owners, when acting in that capacity, shall not be liable, in law or in equity, to the Lead Agency, Participating Agencies, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the 21 39 40 gross negligence or willful misconduct of the Facility Owner. The Lead Agency and Participating Agencies shall indemnify and save harmless Facility Owners, their officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by the Facility Owner in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. THE FACILITY OWNER SHALL NOT BE LIABLE TO THE PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTER- RUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. C. LIMITATION OF LIABILITY AND INDEMNITY PARTICIPATING AGENCIES Terms and Conditions for Sharing of Fiber Optic Installation Projects A Participating Agency, when acting in that capacity, shall not be liable, in law or in equity, to the Lead Agency, the Facility Owners or any other Participating Agency, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct of that Participating Agency. The Lead Agency, the Facility Owner and the other Participating Agencies shall indemnify and save harmless a Participating Agency and its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by that Participating Agency in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise 22 IX. ADDITIONAL TERMS AND CONDITIONS Terms and Conditions for Sharing of Fiber Optic Installation Projects compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. A PARTICIPATING AGENCY SHALL NOT BE LIABLE TO THE LEAD AGENCY, THE FACILITY OWNER, OR OTHER PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. A. LAWS, LICENSES, AND PERMITS 1. General Requirement All Work done under this Agreement or any Fiber Optic Project Agreement shall comply with all applicable federal, state, and local laws, and all rules, regulations, orders, and directives of the administrative agencies and officers thereof. 2. Licenses, Permits and Similar Authorizations B. PERFORMANCE The Participating Agencies shall have and maintain in effect at all times all necessary franchises, licenses, permits, consents and easements from federal, state and local authorities and the owners of rights -of -way and private property. The Participating Agencies will comply with all requirements thereof to install, construct, maintain, operate and remove any fiber optic installation(s). Each Participating Agency will perform all of its obligations under this Agreement or any Fiber Optic Project Agreement in a reasonable and timely manner. The standard for such performance will be the nonual industry standard in the relevant market. Where any Participating Agency's approval, satisfaction, authorization, or similar approbation is required, such approval, satisfaction, authorization, or similar approbation will be forthcoming in a timely manner and will not be unreasonably withheld. 23 41 42 C. SUBJECT TO LAWS Terms and Conditions for Sharing of Fiber Optic Installation Projects This Agreement and any Fiber Optic Project Agreements are subject to all applicable federal, state, and local laws, and regulations, rulings and orders of governmental agencies. Any Participating Agency may terminate its obligations under this Agreement or any Fiber Optic Project Agreement if ordered to do so by the final order or filing of a court or other governmental agency or if such order or ruling would make it impossible for any Participating Agency to carry out its obligations. In addition, if at any time during the term of this Agreement or any Fiber Optic Project Agreement, the action of a governmental agency requires modification of any terms and conditions in order to meet legal requirements, or renders performance by any Participating Agency unreasonable, the Participating Agencies will enter into negotiations to achieve an equitable adjustment and accounting of any increased costs or liabilities incurred by any Participating Agency as a result of such required modification. The preceding section shall not apply to a court order determining that the Participating Agencies' use violates a private easement. The Participating Agencies, in their capacity as Facility Owners, have no actual knowledge of any restriction in their agreements with third parties which would prohibit the Participating Agencies' use of Facilities as contemplated herein. The Participating Agencies recognize that the Facility Owners have done no special searches or investigations with respect to restrictions in their agreements with third parties that may affect the use of Facilities as contemplated this Agreement or by any Fiber Optic Project Agreement. D. FORCE MAJEURE Any Participating Agency may suspend performance under this Agreement or any Fiber Optic Project Agreement and such non performance will be excused where performance is rendered impossible or impracticable for reasons beyond such Participating Agency's reasonable control, such as, but not limited to, acts of nature, war or warlike operations, civil commotion, riot, labor dispute including strike, walkout, or lockout, sabotage, or superior governmental regulation or control. Upon removal or termination of the force majeure event, the Participating Agency claiming force majeure shall promptly perform the affected obligations in an orderly and expedited manner or procure a substitute for such obligation. The Participating Agencies shall use all reasonable efforts to eliminate or minimize any delay caused by a force majeure event. 24 E. NO WAIVER Terms and Conditions for Sharing of Fiber Optic Installation Projects No term or provision hereof shall be deemed waived or consented to, and no breach excused unless such waiver or consent shall be in writing and signed by the Participating Agency claimed to have waived or consented. Failure of any one more Participating Agencies to insist upon strict performance of, or that Participating Agency's waiver of, any of the terms, conditions, or obligations of either the General Terms and Conditions or a specific Fiber Optic Project Agreement, shall not be a waiver of any other term, condition, covenant or obligation, or of any subsequent default by breach of the same or other term, condition, covenant or obligation contained herein by any one or more particular Participating Agencies, nor shall such action or inaction by any one or more Participating Agencies be constructed as to bind or prejudice any other Participating Agency F. SEVERABILITY In the event any section, sentence, clause, or phrase of the General Terms and Conditions or a specific Fiber Optic Project Agreement is adjudicated to be invalid or illegal by a court of last resort and of competent jurisdiction, the remainder of the General Terms and Conditions or of a specific Fiber Optic Project Agreement shall be unaffected by such adjudication and all other provisions shall remain in full force and effect as though the section, clause, or phrase so adjudicated to be invalid had not been included herein. The Participating Agencies agree to then negotiate, in good faith, a replacement section, sentence, clause, or phrase which is legal and most closely represents the original intent of the Participating Agencies. G. RIGHTS CUMULATIVE The rights and remedies of the Participating Agencies provided for under the General Terms and Conditions or under a specific Fiber Optic Project Agreement are in addition to any other rights and remedies provided by law. The failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shall not exclude or waive the right to use another. 25 43 44 H. CONTRACTUAL RELATIONSHIP I. HEADINGS J. APPLICABLE LAW AND VENUE K. BINDING EFFECTS L. ASSIGNMENT M. NOTICES Terms and Conditions for Sharing of Fiber Optic Installation Projects The General Terms and Conditions do not constitute the Participating Agencies as the agent or legal representative of a Facility Owner for any purpose whatsoever. The Participating Agencies are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the Facility Owner or to bind the Facility Owner in any manner or thing whatsoever. The titles of sections are for convenience only and do not define or limit the contents. This Agreement and any Fiber Optic Project Agreements among the Participating Agencies shall be construed and interpreted in accordance with the laws of the State of Washington, and venue of any action brought hereunder shall be in the Superior Court for King County. The provisions, covenants and conditions in the General Terms and Conditions and in any specific Fiber Optic Project Agreement apply to bind the Participating Agencies, their legal heirs, representatives, successors, and assigns. No Participating Agency or Lead Agency shall assign its rights or assign its duties under this Agreement or any Fiber Optic Project Agreement without the prior written consent of the other Participating Agencies, which consent shall not be unreasonably withheld. All notices and other materials to be delivered hereunder, shall be in writing and shall be delivered or mailed to addresses as identified in Exhibit A to this Agreement and in any Fiber Optic Project Agreement. 26 N. MODIFICATION OR AMENDMENT No modification to or amendment of the provisions of the General Terms and Conditions or of any specific Fiber Optic Project Agreement shall be effective unless in writing and signed by authorized representatives of the Participating Agencies to this Agreement and the Fiber Optic Project Agreement. The Participating Agencies expressly reserve the right to modify any agreement, from time to time, by mutual agreement. O. EXECUTED IN COUNTERPARTS Terms and Conditions for Sharing of Fiber Optic Installation Projects This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. P. SUPERCEDES CITY OF KIRKLAND FRANCHISE This Agreement and any Fiber Optic Project Agreements supersedes the Franchise granted to the Lake Washington School District for purposes of its fiber optic cable to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of the Franchise. 27 45 46 IN WITNESS WHEREOF, the parties hereto have executed these General Terms and Conditions for Sharing of Fiber Optic Installation Projects on the respective dates indicated below. David Ramsay Date City Attorney City Manager, City of Kirkland Approved as to Form: Steve Sarkozy Date City Attorney City Manager, City of Bellevue Weldon Ihrig Executive Vice President University of Washington Date Robert Collard Date Assistant Superintendent Business Services Lake Washington School District Terms and Conditions for Sharing of Fiber Optic Installation Projects 28 Approved as to Form: Exhibit A Participating Agencies, Approvals, and Contacts Notices under the Agreement shall be as follows: To the City of Kirkland: Donna Gaw Network and Operations Division Manager City of Kirkland 123 5 Avenue Kirkland, WA 98033 deaw(a,ci.kirkland.wa.us 425 828 2227 To the Lake Washington School District: MIS MANAGER PO Box 97039 Redmond, WA 98073 -9739 To the City of Bellevue: Gary Clesson City of Bellevue Senior Technology Architect 301 116th Ave SE Suite 450 Bellevue, WA 98004 To the University of Washington: Weldon Ihrig Executive Vice President Office of the Executive Vice President University of Washington 306 Gerberding Hall Box 351235 Seattle, WA 98195 47 48 Exhibit A Participating Agencies, Approvals, and Contacts Notices under the Agreement shall be as follows: To the City of Kirkland: Donna Gaw Network and Operations Division Manager City of Kirkland 123 5 Avenue Kirkland, WA 98033 d2awna,ci.kirkland.wa.us 425 828 2227 To the Lake Washington School District: MIS MANAGER PO Box 97039 Redmond, WA 98073 -9739 To the City of Bellevue: Gary Clesson City of Bellevue Senior Technology Architect 301 116th Ave SE Suite 450 Bellevue, WA 98004 To the University of Washington: Weldon Ihrig Executive Vice President Office of the Executive Vice President University of Washington 306 Gerberding Hall Box 351235 Seattle, WA 98195 Any Party may change the person(s) to be notified or the address for the notification by giving written notice of the change, in writing, to the persons then designated to receive routine notices. ADDENDUM #49 GENERAL TERMS and CONDITIONS For Sharing of Fiber Optic Installation Projects WHEREAS, the City of Bellevue, the City of Kirkland, the City of Renton, the City of Seattle, the City of Auburn, the City of Federal Way, the City of Puyallup, the Lake Washington School District, the Renton School District, the Bellevue School District, the University of Washington, Bellevue College, Valley Communications Center, and Evergreen Hospital, (the "Participating Agencies have entered into the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and; WHEREAS, the City of Tukwila desires to participate in the planned and future Fiber Optic Projects but cannot because it is not a Participating Agency subject to the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and; WHEREAS, the current Participating Agencies desire to amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects to add the City of Tukwila as a Participating Agency for participation in the planned and future Fiber Optic Projects; NOW THEREFORE, the parties hereby agree as follows: 1) All terms in this Addendum shall have the same meaning as the defined terms in the General Terms and Conditions for Sharing of Fiber Optic Installation Projects. 2) The City of Tukwila hereby acknowledges that it has read, understands and accepts the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, hereby incorporated by reference as if fully set forth, and agrees to be bound by them. 3) As provided in Section IX, paragraph N, the current Participating Agencies hereby amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects to add the City of Tukwila as a Participating Agency, and the City of Tukwila, by executing this agreement, consents to becoming a Participating Agency. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the General Terms and Conditions for Sharing of Fiber Optic Installation Projects on the respective dates indicated below. Approved as to Form: David Ramsay Date City Attorney City Manager, City of Kirkland Approved as to Form: Steve Sarkozy Date City Attorney City Manager, City of Bellevue 1 49 50 Weldon Ihrig Executive Vice President University of Washington Barbara Posthumus Coordinator Business Services Lake Washington School District Tom Martin Chief Information Officer Evergreen Hospital Denis Law Mayor, City of Renton Date Date Date Jack McLeod Date Director, Facilities and Information Services Bellevue School District Stanley Morency Date Director of Information Services Renton School District 403 Date City Attorney B. Jean Fioten Date Assistant Attorney General President Bellevue College 2 Approved as to Form: Approved as to form: William M. Schrier Chief Technology Officer City of Seattle Pete Lewis Mayor, City of Auburn Jack Dovey Mayor, City of Federal Way Suzette Cooke Chair, Administrative Board Valley Communications Center Date Date City Attorney Date City Attorney Date Approved as to Form: Approved as to Form: Approved as to Form: Jim Haggerton Date City Attorney Mayor, City of Tukwila Approved as to Form: Kathy Turner Date City Attorney Mayor, City of Puyallup 3 51 52 A u 3w L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT TO JOIN AND PARTICIPATE IN PROJECTS WITH THE MEMBERS OF THE FIBER OPTIC CONSORTIUM. WHEREAS, in 2003, the City of Kirkland, the City of Bellevue, the Lake Washington School District and the University of Washington formed a consortium to install fiber optic infrastructure throughout the school district, connect the two cities, and begin the process of connecting satellite campuses and other educational institutions to the University; and WHEREAS, the City of Renton and the Renton School District joined the consortium in 2006, and Valley Communications and the Cities of Auburn, Puyallup and Federal Way joined in 2009; and WHEREAS, many of the consortium members have potential interest in connecting to other government agencies, educational institutions and technology -based businesses within the City of Tukwila, and as a member of the consortium, the City of Tukwila will have the ability to connect to other partner agencies and work with any of the partner agencies that desire connectivity through our City; and WHEREAS, the Tukwila City Council believes it is in the best interest of the City of Tukwila to join in the planning of consortium projects and that participation in the consortium will help shape the future of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to enter into an Interlocal Agreement for sharing fiber optic installation projects with the members of the consortium. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Addendum 49 for Sharing Fiber Optic Installation Products W: \Word Processing Resolutions \Fiber Optic Consortium.doc MM:MH:Isn 03/03/2010 Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 53 54 UTILITIES COMMITTEE Meeting Minutes III. MISCELLANEOUS Meeting adjourned at 5:27 p.m. Next meeting: Tuesday, March 23, 2010 5:00 p.m. Conf. Room No. 1. Committee Chair Approval City of Tukwila Utilities Committee March 9, 2010 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Mary Miotke and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. Interlocal Agreement for Sharine of Fiber On tic Installation Proiects Staff is seeking full Council approval to enter into an Interlocal Agreement with the Fiber Optic Consortium to join, be considered a member and participate in said Consortium. Consortium membership will allow Tukwila the ability to work with and connect to other consortium agencies that desire to connect through the City. These agencies include government entities, educational institutions and technology -based businesses. Local city Consortium members include: Renton, Auburn, Puyallup and Federal Way. ValleyCom is also a member. Eventually, any projects that the City chooses to participate in will, more likely than not, result in cost savings via shared construction and implementation costs. Specific projects that will benefit from the City's Consortium membership include: signal interconnect between agencies, regional emergency management planning, broadband communication backbone compared to wireless, as well as overall public safety communications. There are no costs associated with joining the Fiber Optic Consortium. Costs will only be incurred when and if the City determines specific project participation. The City's participation in any Consortium project will be handled on an individual basis, and the City is not required to participate in any project. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. B. 2009 4 Ouarter Reports The Committee reviewed the status of program goals as outlined in the 2009 4 Quarter Report, and asked questions as appropriate. INFORMATION ONLY. 55 56 CAS NUMBER 10-029 AGI.NDA ITEM TITLE, Resolution to set a Public Hearing date for Street Vacation at 14403 51 Ave S CA'I•I;GORY Discussion Motion Resolution f 1 Ordinance U Bid Award Public Hearing Other Mtg Date 03/22/10 Mtg Date SPONSOR'S SUMMARY Fund Source: Comments: MTG. DATE 03/22/10 04/05/10 MTG. DATE 03/22/10 04/05/10 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayori review J Council review 03/22/10 BG 1 04/05/10 BG 1 ITEM INFORMATION ORIGINAL.. AGENDA DATE: MARCH 22, 2010 Mtg Date 04/05/10 Mtg Date Mtg Date RECORD OF COUNCIL ACTION ATTACHMENTS Informational memo dated March 15, 2010 (revised after 3/15 TC) Draft Resolution Petition for Vacation of Streets 3.40.72 Vicinity and right -of -way maps Minutes from the Transportation Committee meeting of 03/15/10 ITEM No. 4,B, Mtg Date 04/26/10 Mtg Date SPONSOR [l Council Mayor 1 Adm Svcs DCD n .Finance Fire Legal 1 1 P&R Police Plr Petitioner, Mr. Rick K. Tsang, provided a complete request for a street vacation of the property abutting 14403 51 Ave S. Mr. Tsang is the only abutting property owner. Council is being asked to approve the resolution setting a Public Hearing date for April 26, 2010. RENT! FWL D BY COW Mtg. (J CA &P Cmte E F &S Cmte Transportation Cmte Utilities Cmte i 1 Arts Comm. (J Parks Comm. Planning Comm. DATE: 3/15/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $0.00 $0.00 APPROPRIATION REQUIRED $0.00 57 58 City of Tukwila TO: Mayor Haggerton Transportation Committee FROM: Public Works Director DATE: March 15, 2010 ANALYSIS RECOMMENDATION Attachments: Resolution Petition for Vacation of Street Vicinity Map Right -of -Way Vacation Exhibit Aerial Photo of Right -of -Way Vacation Area Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM SUBJECT: 14403 51 Ave. South Street Vacation File Number 3.40.72 ISSUE Approve resolution setting a date for a Public Hearing. BACKGROUND Petitioner, Mr. Rick K. Tsang, provided a complete request for a street vacation of the property abutting 14403 51 Ave. South, a comprehensive appraisal, and paid the $1,200.00 application fee. Mr. Rick K. Tsang is the only abutting property owner to the proposed street vacation site. The Council may approve the resolution to set a Public Hearing date for April 26, 2010 or may deny the request for the street vacation. The Council is being asked to approve the resolution and consider this item at the March 22, 2010 Committee of the Whole meeting and subsequent April 5, 2010 Regular Meeting. W: \PW Eng \OTHER \STREET VACATIONS \3.40.72 tsang\nfo memo resolution 031510.doc 59 60 T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS APPROXIMATELY 60 FEET BY 85 FEET ALONG 14403 51st AVENUE SOUTH AND WITHIN A PORTION OF OLD MACADAM ROAD. WHEREAS, the property owner abutting the right -of -way has petitioned the City to vacate a portion of 51St Avenue South and a portion of Old Macadam Road; and WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing regarding the vacation of a portion of 51st Avenue South and a portion of Old Macadam Road, adjacent to 14403 51st Avenue South and depicted on the map attached as Exhibit A, shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on April 26, 2010, which is not less than 20, nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right -of -way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in the City of Tukwila and in one additional conspicuous place on the right -of -way sought to be vacated at least 20 days prior to the date set for hearing. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit A Map W:\ Word Processing \Resolu Eons \Street Vacation 51st Ave So.docx DM:ksn 03/09/2010 Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 61 62 PETITION FOR VACATION OF STREETS PURSUANT TO RCW 35.79 TO THE TUKWILA CITY COUNCIL: 1. The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.) i2,0, 5-e- .5 cu c c 5 v� ZQQ po-AL7vAvoi c 2. The names and addresses of ALL property owners abutting on the property to be vacated are as follows: (do not include City -owned property) Owner Narne Property Address Total frontage 'print) LA (feet) R cc ,k p946, 4Pit l t 4 z-t- .2 (ar./Si_SILO"' 4t '9 o'.I t2. k-6 ©1 1 t2 c.A. T- 1.(C,-P I l 1 1 3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition. For the petition to be valid, the signers must account for at least 2/3 of the property, by length, abutting the right -of -way: (do not include City -owned property) .Owner Name Property Address Totat frontage signature) (�y_cn\ 13 s f (feet) 1 fi Are k 7"5 --L- l 4 3 kZ s .7 -�ticA. LH, ,4 0 1 1 it' -mac 1 1 -S, 60' 1 er I 1 4. In accordance with Resolution 1499, the $1200 fee for street vacation has been received. DAT RECEIPT NO. CLERK SIGNATURE Pecc'v e a to )'a2i uk k 63 64 9037 30835 #s 9040 SCC 594632 SCC 5960?' a5 i •I I I 1510 I TUKWILA CITY LIMITS 'ORD N89 "33'00 "W TORWILA CITY LIMITS, ORD 1510 -RIGHT-OF-WAY VACATION AREA (5,064 SF) PORTION OF NW1 /4, 23 -23 -04 1 20 -n Exhibit A Right-of-way Vacation Area 11403 51st Avenue South Bonsai Northwest CityGIS Map 66 A/ TRANSPORTATION COMMITTEE Meeting Minutes March 15, 2010 5:00 p.m. Conference Room 1 City of Tukwila Transportation Committee PRESENT Councilmembers: Verna Seal, Chair; Joan Hernandez and De'Sean Quinn Staff Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Mike Ronda, Peter Lau, Gail Labanara, and Steve Lancaster CALL TO ORDER: The meeting was called to order at 5:01 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Tukwila International Blvd Phases II III Construction Mgmt Supplement 118 with KPG Staff is seeking full Council approval for Supplement No. 8 with KPG, Inc. in the amount $181,903.40. This supplement is for additional construction management by KPG and their sub consultants as the other construction management firm, Harris and Associates, are not fulfilling their contract. This grant funded supplement will be covered by the anticipated savings from the under utilized Harris contract. The supplement also covers adding a pedestrian access stairwell at the 37` Ave S road closure. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. B. Resolution Setting Street Vacation Public Hearing Date for 14403 51 Ave S Staff is seeking full Council approval to set a Public Hearing date for the proposed street vacation at 14403 51 Ave S for April 26, 2010. A previous street vacation request was submitted in 2002, but a change in ownership caused it to be dropped. The process for street vacations includes a resolution to set a Public Hearing date, advertise and hold the Public Hearing, and then return to Committee and Council with the ordinance that defines the street vacation's conditions and compensation ($27,000.00). UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. C. Transportation Element Update to the Comprehensive Plan, Supplement No.1 with Fehr Peers Staff is seeking full Council approval for Supplement No. 1 for Optional Task A with Fehr Peers. The original contract was approved February 1, 2010 (see 1/19/10 TC minutes) and the EETP grant was approved March 15, 2010 (see 3/1/10 TC minutes). The Fehr Peers supplement for $55,000.00 and $14,500.00 of City staff time will be covered by the $69,500.00 EETP grant. The supplement will add pedestrian and bike level of service analysis for arterial streets in the City as well as establish a multi -modal transportation system. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. D. Tukwila Urban Center Access (Klickitatl, Supplement No. 9 with HNTB Staff is seeking full Council approval for Supplement No. 9 with HNTB in the amount of $553,816.00. This supplement will cover the design changes required by WSDOT. Staff is currently pursuing Letters of Understanding with WSDOT for the final design, which may reduce the scope of work in this supplement. The project schedule now shows a two -year construction timeline. There is $400,000 budgeted for additional design, so remaining funds would come from the LID. Due to time constraints and WSDOT negotiations, staff requests discussion and approval at the 3/22 C.O.W. and the Special meeting that same night. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW AND SPECIAL THAT SAME NIGHT FOR DISCUSSION AND APPROVAL. 67 68 CAS NUMBER: 10-030 CATEGORY Discussion Motion Resolution Mtg Date 03/22/10 Mtg Date 04/05/10 Mtg Date SPONSOR Council Ma Adm Svcs SPONSOR'S SUMMARY MTG. DATE 03/22/10 04/05/10 1 MTG. DATE 03/22/10 04/05/10 0 03C llIeetinx Date 03/22/10 04/05/10 COUNCIL AGENDA SYNOPSIS Initials Prepared by Mayor's review J Counr,l review MR A MR 1 ITEM INFORMATION IORIGINAL AGENDA DAFE: MARCH 22, 2010 AGENDA ITEM TITLE Tukwila International Blvd Phases II III Project Construction Management Supplement No. 8 with KPG Mtg Date Ordinance Bid Award Public Hearing Other DCD 1 1 Finance n Fire n Legal 1 1 P&R n Police Z KPG`s Supplement No. 8 is for additional construction management services for the Tukwila International Blvd Phases II III Project. Both KPG and Harris Associates were originally hired for construction management services. Harris under utilized their services and more responsibilities were then shifted to KPG to compensate. Council is being asked to approve Supplement No. 8 for $181,903.40 with KPG. REVIEWED BY COW Mtg. n CA &P Cmte F &S Cmte n Utilities Cmte n Arts Comm. n Parks Comm. DATE: 03/15/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $181,903.40 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 16 17, 2010 CIP) Comments: 11 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 3/09/10 Project Expenditures KPG Supplement No. 8 Minutes from the Transportation Committee meeting of 03/15/10 ITEM No. Mtg Date Mtg Date Mtg Date Transportation Cmte n Planning Comm. APPROPRIATION REQUIRED $0.00 E.9 70 City of Tukwila To: Mayor Haggerton Transportation Committee From: Public Works Director Date: March 9, 2010 INFORMATIONAL MEMORANDUM Subject: Tukwila International Boulevard Phases li Iii Improvements Project Nos. 95 -RWO3 95 -RW04, Contract 02 -108 and 02 -108b Construction Management Adjustment Supplement No. 8 ISSUE Jim Haggerton, Mayor Approve Contract No. 02 -108 and 02 -108b, Supplement No. 8, with KPG Inc. for the Tukwila International Blvd. Phases II 111 Street Improvement Project construction management and material testing services. BACKGROUND The City contracted with KPG, Inc. to design the Tukwila International Blvd., Phase II III Project, from So. 116th St. to So. 139th St. The construction contract was awarded to Gary Meriino Construction on December 15, 2008. The construction managemen (CM) services for the project were originally split between Tukwila staff, KPG Inc. and Harris Associates, Inc. Initially, KPG was to provide design support and submittal reviews, materials testing and technical services through subcontract relationships with select members of their design team. Harris was to provide the bulk of the field inspection support, including specialty inspectors for some of our higher risk elements (primarily the soldier pile walls along both sides of TIB). Shortly after starting construction it became apparent that Harris had oversold their capacity for the field inspection role and that function had to be picked up by other project staff. An employee of Krazan Associates (a sub consultant to KPG) began filling dual roles as a transportation inspector and materials tester to support the hole created by the lack of Harris staff. This created a need to increase KPG's CM support contract budget. ANALYSIS A recent analysis of the proposed Harris CM support contract shows a significant projected underrun on the Harris contract (on the order of $500,000). This was caused by two primary factors. The first is that the project appears to be well ahead of schedule and the inspection support is not anticipated to run the original contract length. The second was due to Harris's inability to provide the support personnel on the schedule proposed in the CM support contract and thus their lower level of involvement under billed the project budget. We have been able to cover this shortfall in personnel with some additional support by City staff and by shifting responsibilities for work within the project team. This $181,903.40 Supplement No. 8 with KPG will be more than offset by the anticipated $500,000.00 savings from the Harris contract. RECOMMENDATION The Council is being asked to approve Contract 02 -108 and 02 -108b Supplement No. 8 with KPG, Inc. for CM support for the Tukwila International Blvd Phase II III Project in the amount of $181,903.40 and consider this item at the March 22, 2010 C.O.W. meeting and subsequent April 5, 2010 Regular meeting. Attachment: Supplemental Agreement No. 8 KPG, Inc. W \PW EnglPROJECTSkA- RW RS Projects \95RW03 TIB2\TIB Ph2 &3 Info Memo KPG Consultant Agreement Supplement #8.doc 71 72 Tukwila International Blvd Phase 11 III Description Design Const Mgmt Const Mgmt Vendor KPG KPG Harris 1 1,275,049.00 479,694.62 38% Construction Gary Merlino 12,262,288.20 Original Contract Paid through Amount 3/15/10 1,742,637.00 1,669,371.33 385,000.00 281,061.05 2,127,637.00 1,950,432.38 9,079,676.03 of Amount Spent 96% 73% Remaining Balance 73,265.67 103,938.95 795,354.38 74% 3,182,612.17 Supp #8 KPG Total Contract 181,903.40 i 2,309,540.40 73 Al lb► Washington State �f Department of Transportation Supplemental Agreement Number 8 Original Agreement Number LA -5329 Project Number STPF 0099(007) Project Title Tukwila International Boulevard Phase 2 3 Description of Work South 139th Street to South 116th Street Construction Engineering and Materials Testing and Observation Services The Local Agency of City of Tukwila desires to supplement the agreement entered into with KPG, Inc. P.S. and executed on 11/18/2002 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: Section 1, SCOPE OF WORK, is hereby changed to read: The Scope of Work and estimated level of effort for this supplement is detailed in Fxhihit `13-8' attached hereto, and by this reference made a part of the agreement. Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Nn Revicinns Section V, PAYMENT, shall be amended as follows: Additional services for this supplement No. 8 are estimated at X181 901 4 based on the level of effort indicated on the tar,hed Pxhi,it `T) -8' if you concur with this supplement and.agree.to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Nelson Davis, KPG Consultant Signature DOT Form 140 -063 EF 7 4 Revised 9/2005 Organization and Address KPG, Inc. P.S. KPG, Inc. P.S. 753 9th Avenue North Seattle, WA 98109 Phone: 206.286.1640 Execution Date 11/18/2002 New Maximum Amount Payable 2,309,540.40 11 111 Completion Date 12/31/2010 By: City of Tukwila Approving Authority Signature Date LA -5329 A. BACKGROUND The scope of work is provided to include additional support throughout the construction phase of the Tukwila International Boulevard Project. This work includes additional inspection, field reviews, and design support based on actual construction progress and scheduling as described herein. B. SCOPE OF WORK Task 1 Deliverables: Monthly progress reports TASK 2 CONSTRUCTION PHASE SERVICES Exhibit B -8 City of Tukwila Tukwila International Boulevard, Phases 2 3 South 139 Street to South 116 Street Scope of Work Supplemental Agreement No. 8 Construction Engineering and Support KPG, Inc March 8, 2010 TASK 1- MANAGEMENT COORDINATION ADMINISTRATION 1.1 The Consultant shall prepare supplemental agreements for the work associated with this supplement and provide continuous management and administration of all subcontractors included in this scope of work. 2.1 Provide ongoing on -call construction support for the project duration with subconsultant support as needed. This work includes estimated level of effort based on project needs to date and extending through project completion. Additional support than anticipated in the original contract authorization is required for the following items of work: Provide civil design, structural design (KPFF) and assist with change order preparation for an added stairwell between TIB and the dead end of 37 Avenue South. The purpose of the stair way is to provide pedestrian access from the neighborhood east of TIB. Prepare an alternative driveway and slope layout and provide right of way support (Abeyta) as requested to allow deletion of soldier pile wall 6 from the contract. Construction of the slope is anticipated to provide significant project savings compared to wall 6 construction. Provide assistance with additional WSDOT permit requirements including partial overlay of TIB within the limited access area. This permit condition by WSDOT was added following contract award. General Construction support: The Consultant shall continue to provide engineering support as required for the duration of construction. The Contractor has maintained an aggressive schedule, requiring additional meetings, site reviews, and follow up than anticipated in the original budget estimates. These services have included on -call field inspection for storm drainage, assistance with recycled material compaction testing, and assistance with wall anchor testing. Budget allowances for ongoing support needs based on progress to date is shown on the attached hour estimate. Subconsultant Construction Support: This supplement includes and estimate of additional subconsultant services as follows: Page 1 of 2 75 76 o Additional geotechnical (Landau Associates) services were required associated with soldier pile wall obstructions, wall anchor testing, and resolution of compaction issues with recycled trench backfill material. o Additional structural Engineering (KPFF) services associated with soldier pile wall obstructions, wall anchor testing, and structural design of the 37 Avenue S stairway. o Additional construction observation and/or material testing services (Krazan and Associates) is necessary to cover daily field coverage and reporting. KPG is serving as a contracting agent for these services with day to day coordination for observation and material testing services by the City. o Additional right of way services (Abeyta) are required for assistance with valuation, negotiation, and recording of easements associated with the wall 6 deletion. o Additional services for arborist review and recommendations on hazard trees following site clearing by Sound Tree Services is included as requested by the City. Task.2 Deliverables: Documentation as requested in support of on -call construction support TASK.3 UTILITY COORDINATION ALLOWANCES 3.1 No change to this task; however, funds may be used for general construction phase services if necessary. TASK.4 CONSTRUCTION SURVEYING AND STAKING 4.1 No change to this task; however, funds may be used for general construction phase services if necessary. TASK 5 RECORD DRAWINGS 5.1 No change to this task. C. FUTURE SUPPLEMENTAL AGREEMENT The City of Tukwila may require other services of the Consultant these services could include other work tasks not included in the scope of work. These services may include, but are not necessarily limited to, additional construction support, engineering or independent peer review of contractor, City, or utility proposed plan changes, assistance with property issues, or other services deemed necessary by the City. At the time these services are required, the Consultant shall provide the City with a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Tukwila International Boulevard, Phase 2 3 Supplement No. 7 Page 2 of 2 March 8, 2010 Task dm inistratio n --sent! Coordina Task Man e m Coordin A. ubcont "Cask Totals S Constru ction?base 7 th Avenue °outh Wad suppor'. Cask Z ccess `Nall 6 rSo n A. Stairway A alysis for 1 I re quireme nts B. p� +erntane w ditional WSD Assistance with ad su ort C. D Additional construction Landau Geotechnical_ A ance E uctural Allowance G K rar r ns llrow t of wa ay s�nce ort Krae on call a �onst n 1. Abe Services 1. Sound Tree Task T D e sc riptio n AND FEE ESTIMATE Service �ab�ur EstiMate *Survey Supplement go. HOUR phase 2 3 City of T Boulevar ine 3 Propel T,�lcwila Internat Qsgpplernental En9 Cew_. 1 Project aineer' 9 *project er 99.93 139.2 Mane er c ine 1 7 8 51 123.58 2 0 i 0 24 4 j 4 "16 Direct Salary Costs Overhead Rate Fixe Fee *Admin *'1 echnic�a 85.68�,,�..- .aiteceu e tcctu 'Landscape eertnB Civil S' 'total Fee ?4 0 0 12 4 24 16 0 40 40 0 2. 40 0 2(9 ate Attache 1$ See Estim lached See Estimate A =ched See Estimate Attar Seate Attache Estimated call allowance 20 I 304 nt 8: Total Suppleme 34.991 48.771 62.5 1 43.271 61% 160_ 25% Fee 5,826 44 r 82 4:140. 7 ,s�2 40 7 Ogg.58 2 6 4 2 ,1 7 2 °54 _3_5_ 1 1 3,57 10 4.00 7 000 0 1 500.00 4 76, 0 7 6 30.001 22.50' 1,8.1 ,903.40 o HOUR AND FEE ESTIMATE Total Estimated Allowance Estimated Allowance for Krazan Associates Purpose: To provide on -call inspection at the direction of the City. Original scope only included testing. Estimate 160 hours month for 9 months 1440 hours 80% Regular time of $66 /hour 20% Overtime rate of $99/hour Note: For estimating purposes only, actual hours may not be entirely available due to administrative costs and misc. expenses. Total Estimated Allowance Total Estimated Allowance EXHIBIT D -8 Total Estimated Allowance Mar'-h R 9n1n KP G Architecture r a ndecape Architecture Civil Engineering Project: City of Tukwila Tukwila International Boulevard, Phase 2 3 Supplement No. 8 Supplemental Engineering Services I Labor Hour Estimate I Total Fee *Project *Project *Survey Task Description Manager Engineer *Engineer Crew "Technician *Admin 178.51 123.58 99.93 139.29 85.68 I 64.26 I Fee 76,032.00 28,512.00 104,544.00 Estimated Allowance for Landau Associates Purpose: To provide on -call geotechnical support for compaction and structural walls. Original estimate assumed CM would provide wall expertise. 21,054.69 On call support for wall construction and compaction issues in 2009 construction season 3,05 Estimate 20 hours of geotechnical support for 2010 construction season 10% for admin and expenses (10,070.66 Less original authorization I 14,125.35 Estimated Allowance for KPFF Purpose: Structural design for stairway structure and 2010 on -call support. 23,700.00 3, Engineering support for wall submittals, RFI's, support in 2009 Construction season. Structural design of 37th Avenue S stairway structure 3,174.56 50 00.00 Estimate 20 hours of structural support for 2010 10% for admin and expenses (23,8. Less original authorization i I 3,574.56 Estimated Allowance for Abeyta Associates Purpose: Assistance with negotiation of easement in lieu of wall 6 500.00 Order Title Report 1,500.00 Prepare AOS I 4,500.00 Negotiations 1,000.00 Right of way certification closing 7,000.00 TRANSPORTATION COMMITTEE Meeting Minutes March 15, 2010 5:00 p.m. Conference Room 1 CALL TO ORDER: The meeting was called to order at 5:01 p.m. I. PRESENTATIONS No presentations. City of Tukwila Transportation Committee PRESENT Councilmembers: Verna Seal, Chair; Joan Hernandez and De'Sean Quinn Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Mike Ronda, Peter Lau, Gail Labanara, and Steve Lancaster II. BUSINESS AGENDA A. Tukwila International Blvd Phases II III Construction Mgmt Supplement #8 with KPG Staff is seeking full Council approval for Supplement No. 8 with KPG, Inc. in the amount $181,903.40. This supplement is for additional construction management by KPG and their sub consultants as the other construction management firm, Harris and Associates, are not fulfilling their contract. This grant funded supplement will be covered by the anticipated savings from the under utilized Harris contract. The supplement also covers adding a pedestrian access stairwell at the 37' Ave S road closure. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. B. Resolution Setting Street Vacation Public Hearing Date for 14403 51 Ave S Staff is seeking full Council approval to set a Public Hearing date for the proposed street vacation at 14403 51 Ave S for April 26, 2010. A previous street vacation request was submitted in 2002, but a change in ownership caused it to be dropped. The process for street vacations includes a resolution to set a Public Hearing date, advertise and hold the Public Hearing, and then return to Committee and Council with the ordinance that defines the street vacation's conditions and compensation ($27,000.00). UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. C. Transportation Element Update to the Comprehensive Plan. Supplement No.1 with Fehr Peers Staff is seeking full Council approval for Supplement No. 1 for Optional Task A with Fehr Peers. The original contract was approved February 1, 2010 (see 1/19/10 TC minutes) and the EETP grant was approved March 15, 2010 (see 3/1/10 TC minutes). The Fehr Peers supplement for $55,000.00 and $14,500.00 of City staff time will be covered by the $69,500.00 EETP grant. The supplement will add pedestrian and bike level of service analysis for arterial streets in the City as well as establish a multi -modal transportation system. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. D. Tukwila Urban Center Access (Klickitat). Supplement No. 9 with HNTB Staff is seeking full Council approval for Supplement No. 9 with HNTB in the amount of $553,816.00. This supplement will cover the design changes required by WSDOT. Staff is currently pursuing Letters of Understanding with WSDOT for the final design, which may reduce the scope of work in this supplement. The project schedule now shows a two -year construction timeline. There is $400,000 budgeted for additional design, so remaining funds would come from the LID. Due to time constraints and WSDOT negotiations, staff requests discussion and approval at the 3/22 C.O.W. and the Special meeting that same night. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW AND SPECIAL THAT SAME NIGHT FOR DISCUSSION AND APPROVAL. 79 80 CAS NUMBER: 10-031 AGENDA I'T'EM TITLE Ci \1'I ?CORY SP( )NSOR SPONSOR'S SUMMARY RI? 'IRWI;D BY MTG. DATE 03/22/10 04/05/10 MTG. DATE 04/05/10 i0 0 3 1 Meeting Date 03/22/10 04/05/10 Transportation Element Update to the Comprehensive Plan Design Supplement No. 1 with Fehr Peers Discussion Motion COUNCIL AGENDA SYNOPSIS Mtg Date 03/22/10 Mtg Date 04/05/10 Mtg Date COW Mtg. Utilities Cmte DATE: 03/15/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Prepared by CK CK ITEM INFORMATION, 1 ORIGINAL AGENDA DATE: MARCH 22, 2010 Resolution Ordinance n CA &P Cmte n Arts Comm. Mtg Date Initials Mayor' review Council Mayor Ada; Svcs (J DCD n Finance Fire Legal P&R Police PU7 The transportation element update to the Comprehensive Plan included an Optional Task A for Pedestrian and Bike Levels of Service. The City was awarded a Department of Commerce EETP grant for $69,500.00 to complete this task. Council is being asked to approve Supplement No. 1 for $55,000.00 with Fehr Peers. The remaining $14,500.00 in grant funds will be used for City staff time. U F &S Cmte n Parks Comm. Council review COMMI1TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $55,000.00 $385,000.00 Fund Source: 104 ARTERIAL STREETS (PAGE 25, 2010 CIP) Comments: Grant funded RECORD OF COUNCIL ACTION ATTACHMENTS 03/22/10 Informational Memorandum dated 3/08/10 Fehr Peers Supplement No. 1 with scope and fee Minutes from the Transportation Committee meeting of 03/15/10 ITEM No. n Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Transportation Cmte n Planning Comm. APPROPRIATION REQUIRED $0.00 8 i 82 TO: FROM: Public Works Director DATE: March 8, 2010 SUBJECT: Transportation Element Update to the Comprehensive Plan Project No. 08 -RW06, Contract 10 -019 Supplemental Agreement No. 1 for Pedestrian and Bike LOS ISSUE Supplemental Agreement No. 1 to Contract 10 -019 with Fehr and Peers for the Pedestrian and Bike Level of Service portion of the Transportation Element update work funded by the awarded Energy Efficiency through Transportation Planning (EETP) grant. BACKGROUND In October 2009, the City submitted for a grant in the amount of $69,500.00 to develop Pedestrian and Bicycle Level of Service Standards as part of the update to the Transportation Element portion of the Comprehensive Plan. Tukwila was one of only 8 jurisdictions in the state to receive funds. These funds come from the 2009 Federal Economic Stimulus Funds (ARRA). In February, the City executed an agreement with Fehr and Peers for work associated with the overall Transportation Element Update. The project work is the primary source of matching funds ($308,479.00) for the EETP grant, along with city salaries and benefits ($39,000.00) as tracked through the Project Accounting System. DISCUSSION In the original scope of work, Optional Task A (Pedestrian and Bike Levels of Service) was identified as a task that could be completed if funding became available. With the award of the EETP grant, the task can be completed. Tukwila and the Department of Commerce recently entered into a contractual agreement making the funds available for reimbursement on expenses incurred beginning March 1, 2010. The Fehr and Peers Supplemental Agreement No. 1 is for $55,000.00 and the revised contract amount for Fehr and Peers will be $363,479.00 with this additional work. The remaining $14,500.00 of the grant will be for City staff time spent on project related work and administration of the grant. RECOMMENDATION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee The Council is being asked to approve the attached Supplement Agreement No. 1 for $55,000.00 with Fehr and Peers and consider this item at the March 22, 2010 Committee of the Whole and subsequent April 5, 2010 Regular meeting. Attachment: Supplemental Agreement No. 1 w: \pw eng \projects \a rw rs projects \08rw06 trans element comp plan \information memo supplement #1 ped bike los_doc Jim Haggerton, Mayor 83 84 SUPPLEMENTAL AGREEMENT NUMBER 1 TO CONSULTANT AGREEMENT NUMBER 10 -019 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Fehr and Peers, hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, February 8, 2010 and identified as Agreement No. 10 -019. 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 work described in Attachment A for additional design work on the Transportation Element of the Comprehensive Plan Modeling project. 2. Payment, shall Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto. 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 $55,000 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 $363,479. DATED this day of 20 CITY OF TUKWILA CONSULTANT Jim Haggerton, Mayor By: 7 Printed Name: Tom Noeuchi Title: Principal 85 86 Exhibit A Tukwila Transportation Element Update and Street Concept Plan Supplemental Scope of Work Optional Task A: Pedestrian and Bike Levels of Service This project will help the City of Tukwila accomplish the following goals: 1. Establish a multi -modal transportation system, 2. Reduce greenhouse gas emissions, and 3. Reduce vehicle -miles traveled (VMT), as required by the State Growth Management Act. The work will include updating the Transportation Element of its Comprehensive Plan and as the part of the plan update, this project will be used to include pedestrian and bike levels of service (LOS) analysis for arterials in the City of Tukwila. The Transportation Element will establish LOS policies and standards or benchmarks for all modes of transportation. This Pedestrian and Bike LOS Project will give the City transportation modeling support and financing tools to transform its auto dominated transportation system to one that promotes alternative modes and reduces VMT and transportation- related greenhouse gas emissions. The following task will be added to the Tukwila Transportation Element Update and Street Concept Plan project Task 12. Pedestrian and Bike Levels of Service Task 12.1 Establish Pedestrian And Bike Analysis Corridors On The City Arterial Network Coordinate with staff and the Walk Roll Plan to establish corridors. Task 12.2 Identify The Existing Pedestrian And Bike Facilities Coordinate with staff and the Walk Roll plan to identify and inventory all existing facilities. Coordinate with staff to identify and inventory all future facilities under construction or obligated for construction prior to end of 2010 Task 12.3 Review the Pedestrian and Bike Data and Needs Analysis in the Walk Roll Plan Coordinate with staff and the Walk Roll plan to review the Walk Roll Plan Task12.4 Collect Transportation Data that will be Needed to Calculate Pedestrian and Bike LOS, Street Geometry: number of lanes, lane width, median width, bike lane width, parking lane width, shoulder width, planter strip, sidewalk width, intersection and driveways and pavement conditions. Travel Demand: intersection vehicle volumes and turning moves, right turn on red volume, percent heavy vehicles, bus volumes, pedestrian volume and percent on- street parking occupied. Intersection Control: green time per cycle, cycle length, quality of progression and speed limit. 1 87 88 Task 12.5 Calculate Pedestrian and Bike LOS Coordinate with staff to determine appropriate methodology. Apply methodology and calculate existing LOS and identify deficiencies. Identify potential alternatives to alleviate deficiencies. Coordinate with staff to establish LOS policies, balancing deficiencies with feasibility of correction options. Task 12.6 Prepare Draft Report on Pedestrian and Bike LOS Summarizing Tasks 1 -5 Distribute preliminary draft report to staff for review Revise preliminary draft report based on staff comments Distribute Final Draft Report to staff Present Final Draft Report to Planning Commission and Council for consideration and acceptance Task 12.7 Final Report Revise Final Draft as directed by Planning Commission and Council. Integrate into the larger Transportation Background Report for the Transportation Element of the Comprehensive Plan update. 2 Exhibit B Budget Task 12 Pedestrian and Bike Levels of Service (LOS) Project $55,000 89 90 TRANSPORTATION COMMITTEE Meeting Minutes March 15, 2010 5:00 p.m. Conference Room 1 PRESENT Councilmembers: Staff CALL TO ORDER: The meeting was called to order at 5:01 p.m. I. PRESENTATIONS No presentations. City of Tukwila Transportation Committee Verna Seal, Chair; Joan Hernandez and De'Sean Quinn Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Mike Ronda, Peter Lau, Gail Labanara, and Steve Lancaster II. BUSINESS AGENDA A. Tukwila International Blvd Phases II III Construction Mgmt Supplement #8 with KPG Staff is seeking full Council approval for Supplement No. 8 with KPG, Inc. in the amount $181,903.40. This supplement is for additional construction management by KPG and their sub consultants as the other construction management firm, Harris and Associates, are not fulfilling their contract. This grant- funded supplement will be covered by the anticipated savings from the under utilized Harris contract. The supplement also covers adding a pedestrian access stairwell at the 37' Ave S road closure. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. B. Resolution Setting Street Vacation Public Hearing Date for 14403 51 Ave S Staff is seeking full Council approval to set a Public Hearing date for the proposed street vacation at 14403 51 Ave S for April 26, 2010. A previous street vacation request was submitted in 2002, but a change in ownership caused it to be dropped. The process for street vacations includes a resolution to set a Public Hearing date, advertise and hold the Public Hearing, and then return to Committee and Council with the ordinance that defines the street vacation's conditions and compensation ($27,000.00). UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. C. Transportation Element Undate to the Comprehensive Plan. Supplement No.1 with Fehr Peers Staff is seeking full Council approval for Supplement No. 1 for Optional Task A with Fehr Peers. The original contract was approved February 1, 2010 (see 1/19/10 TC minutes) and the EETP grant was approved March 15, 2010 (see 3/1/10 TC minutes). The Fehr Peers supplement for $55,000.00 and $14,500.00 of City staff time will be covered by the $69,500.00 EETP grant. The supplement will add pedestrian and bike level of service analysis for arterial streets in the City as well as establish a multi -modal transportation system. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. D. Tukwila Urban Center Access (Klickitat). Supplement No. 9 with I-INTB Staff is seeking full Council approval for Supplement No. 9 with HNTB in the amount of $553,816.00. This supplement will cover the design changes required by WSDOT. Staff is currently pursuing Letters of Understanding with WSDOT for the final design, which may reduce the scope of work in this supplement. The project schedule now shows a two -year construction timeline. There is $400,000 budgeted for additional design, so remaining funds would come from the LID, Due to time constraints and WSDOT negotiations, staff requests discussion and approval at the 3/22 C.O.W. and the Special meeting that same night. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW AND SPECIAL THAT SAME NIGHT FOR DISCUSSION AND APPROVAL. 91 92 CAS NUMBER 10-032 SPONSOR SPONSOR'S SUMMARY MTG. DATE 1 03/22/10 04/05/10 MTG. DATE 03/22/10 04/05/10 1 I� Meeting Date 03/22/10 04/05/10 Discussion Motion n Resolution Mtg Date 03/22/10 Mtg Date 04/05/10 Mtg Date Council n Ma n Adm Svc:r DCD COUNCIL AGENDA SYNOPSIS Prepared by CK CK ITEM INFORMATION ORIGINALAGENDADATE: MARCH 22, 2010 AG1:ND,\ I'1'i rvr TITLE' Tukwila Urban Center Access (Klickitat) Project Design Supplement No. 9 with HNTB n CA &P Cmte n Arts Comm. Mtg Date n Finance Initials Mayor', review F &S Cmte n Parks Comm. Ordinance n Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Pi Fire ❑Legal P&R Police ®PW The design of the Tukwila Urban Center Access (Klickitat) Project has a number of outstanding issues requiring this additional Supplement No. 9 with HNTB. This supplement covers all of the WSDOT changes along with updated environmental standards. The construction timeline for the project will now be two years. Council is being asked to approve Supplement No. 9 for $533,816.00 with HNTB. RI!\'II D BY n COW Mtg. Transportation Cmte Utilities Cmte DATE: 03/15/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTER Unanimous Approval; Forward to Committee of the Whole Special COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $533,816.00 $3,851,000.00 Fund Source: 104 ARTERIAL STREETS (PAGE 15, 2010 CIP) Comments: Additional design funding will come from the LID, RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 3/10/10 (revised after 3/15 TC) Project Schedule HNTB Supplement No. 9 Minutes from the Transportation Committee meeting of 03/15/10 n Planning Comm. ITEM No. SPE 3 APPROPRIATION REQUIRED $109,000.00 94 TO: City of Tukwila Mayor Haggerton Transportation Committee FROM: Public Works Director DATE: March 10, 2010 Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM SUBJECT: Tukwila Urban Center Access (Klickitat) Proiect Project No. 84 -RW19, Contract No. 05 -071 Supplemental Agreement No. 9 ISSUE Approve Supplemental Agreement No. 9 to the HNTB contract #05 -071 for final design and final bid documents associated with the Tukwila Urban Center Access (Klickitat) Project. BACKGROUND The design of the Tukwila Urban Access Project halted at the 100% shelf -ready design in May of 2007, pending completion of other tasks. At the time it was shelved, there were a number of outstanding issues requiring resolution before the project design efforts could resume. Those issues included: WSDOT approvals, design of the buttonhook ramp, right of way (ROW) acquisition, property coordination and associated design efforts, construction phasing and formation of the Local Improvement District. The Supplemental Agreement #8, approved at the end of 2009, was for the work necessary to complete the project design, assuming no major redesign efforts, as well as coordination with WSDOT to determine the final design changes being required by the state. The extent of the design changes to be required by WSDOT was unknown at the time Supplement #8 was prepared and certain assumptions were made that only minimal re- design would be required. Early on in the project, staff coordinated closely with WSDOT to establish design standards and review and approval authority. In late 2005 through early 2006, discussions between Tukwila and WSDOT staff concluded with a decision to shift the limited access line to the west side of the project. By doing this change, the vast majority of the project would be designed to city standards and not reviewed by or subject to WSDOT design standards or approval. City staff submitted the request and appropriate drawing to have the limited access line moved to WSDOT HQ in late 2006. A minor change was requested and the revised drawing was re- submitted. With the understanding that the design standards and approvals were established, the City proceeded to complete the project design using City design standards. From the time the limited access revision request was submitted in 2006, WSDOT was unresponsive on the issue until March 2009. At that time, WSDOT rescinded all agreements and decisions made prior and informed staff that the project would now be required to be designed to full WSDOT standards. DISCUSSION As the impacts to the design (already at 100% shelf- ready) would be significant, requiring nearly a full re- design of the project and significantly more ROW, staff began the long process of trying to convince WSDOT to stand by the original agreements. When it became apparent that WSDOT would not honor the earlier agreements, staff attempted to negotiate lesser design standards. WSDOT remains firm in requiring changes to the project design to accommodate large trucks through the project. To some extent, WSDOT has expressed willingness to consider less than full freeway standards which will allow the project to be built within the existing ROW and not require a full re- design of large elements such as the wall placement. All of this has resulted in additional design and permitting work not originally anticipated. Of the entire supplemental scope and fee, approximately $243,000 is associated purely with the WSDOT required design changes. The rest of the work effort includes all the final design and coordination work still necessary as well as updating of some environmental documentation that is required because standards have changed since the project was shelved in 2007. W:1PW Eng\OId P drivelCyndy \KlickitatlINFOMATION MEMO Supplement #9 Final PS &E 3- 10- 10.doc 95 INFORMATIONAL MEMO Page 2 WSDOT has agreed to pursue turning back the portion of Southcenter Parkway ROW which is under state ownership in exchange for the City agreeing to move the Limited Access line to the east, encompassing the full width of the project. The change in limited access includes a portion of the right -of -way acquired from Westfield. In normal situations, WSDOT would have to acquire the limited access rights by purchasing them from the City. Should the ROW turn back be approved by FHWA, any future changes made by Tukwila on Southcenter Parkway would not require WSDOT approval, provided that no impact to limited access was made or federal or state monies were involved. Staff is requesting the Council consider this supplement on the March 22 COW meeting followed that same evening with a Special Meeting for approval. Timing is critical to keep the project moving forward to a bid opening this year and the three week delay following normal procedures would be a significant negative impact to the project schedule. Fiscal Impact: Approximately $400,000 is budgeted in the 2010 CIP. The additional monies will come out of the LID. No WSDOT funds are included in the overall funding package. RECOMMENDATION Approve Supplement #9 with HNTB for final design and PS &E work in the amount of $533,816 consider this item at the March 22, 2010 COW followed by a Special Meeting that same evening. Attachment: Project Schedule Scope of Work and Fee for Supplemental Agreement No. 9 9 6 W:1PW Eng\OId P drive \Cyndy \KlickitatlINFOMATION MEMO Supplement #9 Final PS &E 3- 10- 10.doc Complete Date 5/7/07 5/24/07 7/16/09 8/17/09 8/24/09 8/25/09 8/28/09 9/3/09 9/4/09 9/8/09 9/14/09 9/2 10/2/09 10/5/09 10/26/09 11/2/09 11/9/09 11/16/09 12/23/09 5/16/10 2/12/10 2/22/10 3/5/10 3/31/10- 4/21/10 3/31/10-4/21/10 3/31/10-4/21/10 5/3/10-6/8/10 5/17/10- 6/10/10 6/17/10- 7/8/10 7/8/10 7/19/10- 7/26/10 7/30/10 Aug. Nov. 2010 November 17, 2010 January 2011 July 2011 W:1PW Eng101d P drive\Cyndy\Klickitat\Project Schedule Council Packet.doc Tukwila Urban Center Access (Klickitat) Project Schedule Description Environmental Approval: ECS Accepted by FHWA Design Substantial Completion: 100% Shelf -Ready Plans completed Right -of -Way: Possession and Use Agreement from Legacy Partners Transportation Committee: LID schedule and steps Committee of the Whole: LID Schedule and Process WSDOT: ROW certification, limited access revision, channelization plans Open House: For property owners, businesses and tenants Open House: For property owners, businesses and tenants Notification to Property Owners For Public Hearing on Resolution to Form LID Transportation Committee: Resolution of Intent to Form LID Committee of the Whole: Resolution of Intent to Form LID Regular Council: Public Hearing Adoption of Resolution of Intent to Form LID Notification to Property Owners For Public Hearing on Ordinance to Form LID Transportation Committee: Revised Resolution of intent to Form LID COW Regular Council: Public Hearing Adoption of Resolution of Intent to Form LID (revised) Transportation Committee: Revised Ordinance to Form LID Committee of the Whole: Ordinance to Form LID Regular Council: Public Hearing Adoption of Ordinance Forming LID #33 Finalize PS &E Documents WSDOT: Submit for Channelization Plan approval Right -of -Way: Recorded acquisition and easements from Doubletree Legacy WSDOT: Comments on Channelization Plan WSDOT: ROW Certification Process WSDOT: Revised Channelization Plan Approval Process WSDOT: Project Analysis (deviations) Approval Process WSDOT: Updated Storm Water Report Approval Process WSDOT: 100% PS &E Approval Process Advertise for Construction Bid: 3 week time period (required by federal funds) Bids Due with Bid Opening Transportation Committee, City Council (C.O.W. and Regular): Award of Contract Notice to Proceed to successful bidder Construction of project Roadway open to traffic, close down of construction until 2011 Construction of project resumes Completion of construction, roadway open to traffic 97 98 Washington State 71- Department of Transportation Supplemental Agreement Number 9 Original Agreement Number Project Number Project Title Klickitat/Southcenter Parkway Access Improvement Project Description of Work Final Design Services By: HNTB Corporation James E. Thomson, Vice President Date DOT Form 140 -063 EF Revised 9/2005 05 -071 84 -RW19 Organization and Address Phone: City of Tukwila Public Works Department 6300 Southcenter Blvd., Suite #100 Tukwila, WA 98188 206 -431 -3665 Execution Date New Maximum Amount Payable The Local Agency of Tukwila desires to supplement the agreement entered into with HNTB Corporation and executed on April 6, 2005 and identified as Agreement No. 05 -071. All provisions in the Agreement remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: 11 Completion Date June 30, 2010 $3,960,214 Section I1, SCOPE OF WORK, shall be amended as follows: The scope of work for this project is supplemented as detailed in the attached Exhibit A, and by this reference made part of the Agreement. I1 Section IV, TIME FOR BEGINNING AND COMPLETION, shall be amended as follows: All work under this Agreement shall be completed by the date shown in the heading of this Supplemental Agreement Number 9 under Completion Date. 111 Section V, PAYMENT, shall be amended as follows: Compensation due to Consultant for work performed or services rendered for this project is supplemented as detailed in the attached Exhibit B, and by this reference made part of this Agreement. If you concur with this Supplemental Agreement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: City of Tukwila Approving Authority Signature Date Page 1 of 2 99 No 6 Supp• N 7 Supp• NO.8 No 4lSupp•;,; °.5 Supp $o.7 $147,387 No. 2 SupP' No. 3' SuPP. $4,500 $63,3 O Original Sapp N 1 SuPP $14,759 $0 $0, i 0 Agreement 1 $17 X 200 $G $1,956,680 $1,168,322 $3 426,398 mount $0 $3,27 Total A t $0 4 Authorized $0 70,311 $3,27,811 $50,000 202 $3,206,961$3,2 1 Management $3,192, e Fund $3,192, Resew $3,175,0 Amount $1,218,322 Maximum Payabl 9 TOTAL No. 533,816 3 910,2 Total Amount Authorized $0 $50,000 Management Reserve Fun d 14 $8,960,214 Maximum Amount $3,960,2 Payable Page 2of2 Scope of Work Final Design /PS &E Tukwila Urban Access Improvement Project Contract 05 -071 Supplement 9 February, 2010 INT 101 102 Tukwila Urban Access Improvement Project Page i TABLE OF CONTENTS I. SUPPLEMENT PURPOSE 1 II. DESIGN CRITERIA 2 III. PROJECT SCHEDULE 3 IV. ITEMS AND SERVICES TO BE FURNISHED BY THE CITY 4 V. ABBREVIATIONS 4 VI. PROJECT DOCUMENTATION 5 VII. WORK TASKS 5 TASK 21.1 PROJECT MANAGEMENT 7 Task 21.1.1 Issues Resolution 7 Task 21.1.2 Measure Project Requirements 7 Task 21.1.3 Measure Budget Conformance 8 Task 21.1.4 Develop Schedule and Measure Conformance 8 Task 21.1.5 Communicate Progress 8 Task 21.1.6 Lead the Project CONSULTANT Team 8 Task 21.1.7 Manage Quality 8 Task 21.1.8 Manage Change 9 TASK 21.2 RIGHT OF WAY 10 Task 21.2.1 Right of Way Legal Descriptions and Easements 10 Task 21.2.2 Right of Way Plans 10 TASK 21.3 PERMITTING 10 TASK 21.4.0 Task 21.4.1 Task 21.4.2 Task 21.4.3 Task 21.4.4 Task 21.4.5 Task 21.4.6 Task 21.4.7 Task 21.4.8 TASK 21.5 Task 21.5.1 Task 21.5.2 ROADWAY 11 Roadway and Channelization Design 11 Signals and Interconnect 12 Illumination 12 Site Preparation 13 Traffic Control Plans 13 Detour Plans 14 Signing 15 Landscape Design and Architectural Treatments 15 DRAINAGE AND TESC 16 Stormwater Report 18 Drainage Plans and Details 18 c: \docume -1 \cyndy- 1.tuk\locals -1\ temp \xpgrpwise\ exhibit_ a_scope_of_work_supp_9_v1 Printed 03/09/2010 CNINTB Tukwila Urban Access Improvement Project Page ii Task 21.5.3 TESC Plans and Details 19 TASK 21.6 STRUCTURES (BRIDGES /WALLS) 20 Task 21.6.1 Bridges and Walls 20 TASK 21.7 SURVEYING 20 Task 21.7.1 Field Survey for Design 20 TASK 21.8 UTILITIES 21 Task 21.8.1 Coordination with utilities 21 Task 21.8.2 Utility Design 22 TASK 21,9 SPECIAL PROVISIONS TASK 21.10 TASK 21.11 TASK 21.12 TASK 21.13 DEVELOPMENT OF QUANTITIES AND COST ESTIMATE 100% AND AD -READY CONTRACT PLAN SHEETS CONSTRUCTION SCHEDULE ASSISTANCE DURING BID PERIOD 24 c \docume 1\cyndy -1.tuk \locals -1 \temp \xpgrpwise\ exhibit_ a_scope_of_work_supp_9_v10.docx Printed 03/09/2010 22 23 23 23 MINTB 103 104 Tukwila Urban Access Improvement Project Page 1 During the term of this Agreement, the engineering CONSULTANT (CONSULTANT) shall perform professional services for the CITYfinal design and assistance during bid period in connection with the: Tukwila Urban Access Improvement: Klickitat Drive /Southcenter Parkway Area Project This document shall be used to plan, conduct and complete the work on the project. 1. SUPPLEMENT PURPOSE The design and PS &E of the Tukwila Urban Access Improvement Project was shelved at the 100% design in May of 2007. The purpose of this supplement is to finalize the project specifically: 1) complete the work not completed at the time the project was shelved; 2) update the shelved design to reflect changes in standards and specifications, and 3) design and incorporate revisions required to meet WSDOT design approval requirements. Specific items to be addressed in finalizing the design and PS &E from May 2007 include: Design work at McDonald's entrance and parking. Design work on Doubletree and Legacy properties. Address the removal and re- setting of private business monument signs on the project. (These are located on the Doubletree and Legacy properties) Confirm final paving limits between disciplines. Updates to project specifications and cost estimates. Structural analysis and design of overhead sign supports Maintenance of Traffic and Construction Phasing and Staging plans. Design updates to reflect changed conditions in project area. Coordination with property owners adjacent to the project to convey the current design which has new curb, gutter, sidewalk, driveway and storm sewer reconstruction on the west side of the project. WSDOT Design Documentation with the exception of Channelization Plans for approval and Deviations. WSDOT review and approval of all work to take place within limited access or WSDOT right of way (ROW). WSDOT review and approval of signing plans. Design changes at the south buttonhook ramp to accommodate a WB -67 design vehicle and related potential impacts to, drainage design, plans, grading, removals, erosion control and site preparation plans for project. Revisions to Stormwater Report as a result of WSDOT changes and changes in criteria. In addition, at the time this scope was developed for the City of Tukwila, WSDOT and the HNTB design team coordinated to develop design modifications to accommodate a WB -67 design vehicle. The WB -67 design vehicle is a change over the original project assumption of a WB -50 design vehicle. This change in design vehicle has resulted in changes to the shelved project design which are used as the basis of redesign. These changes reflect modifications resulting from meetings between the City, WSDOT and the CONSULTANT on November 3 2009 and December 2n 2009. Any subsequent changes will require this scope of work to be revised. c: \docume- 1\cyndy -1.tuk \locals -1\ temp \xpgrpwise \exhibit_a_scope_of work_supp_9_v10 docx Printed 03/09/2010 CINTB Tukwila Urban Access Improvement Project Page 2 Elimination and reduction of landscape islands at the intersection of Klickitat Drive and Southcenter Parkway. Widening of the southwest quadrant of the Klickitat Drive and Southcenter Parkway intersection resulting in additional impervious area, modifications to the intersection curb radius, ADA ramp modifications, relocation of existing traffic signal, controller cabinet, conduit, pavement markings, additional grading, changes to site preparation plans. Traffic signal timing /synchronization modifications. Relocation of traffic signal pole Type III at Sta. 16 +08. Crosswalk modifications. Modifications to traffic island at the north buttonhook reduce island size and associated landscaping. Addition of a fillet on the north bridge abutment providing a cantilever to accommodate wider truck turning movements. Extension of c -curb on Southcenter Parkway. South buttonhook ramp work. North buttonhook ramp work. Adjustments to the northbound lanes of Southcenter Parkway between Strander Blvd and Klickitat Drive. II. DESIGN CRITERIA Documents developed as part of this scope of work will be in accordance with the latest edition and amendments to the following documents, as of the date the AGREEMENT is signed. Changes in any design standards or requirements after work has begun may result in the need for Extra Work. City of Tukwila Publications: a. Year 2004 Comprehensive Plan b. City of Tukwila Development Guidelines and Design and Construction Standards, 2003 WSDOT Publications: a. Standard Specifications for Road, Bridge and Municipal Construction, English edition (2010) (M41 -10) b. Standard Plans for Road, Bridge and Municipal Construction, English edition (M21 -01) c. Design Manual, (M22 -01) d. Hydraulic Manual, (M23 -03) e. Plans Preparation Manual, (M22 -31) f. Bridge Design Manual, (M23 -50) g. Amendments and General Special Provisions h. Standard Item Table c:\docume -1 \cyndy -1. tuk \locals- 15lemp \xpgrpwise\ exhibit _a_scope_of_work_supp_9_v10 docx Printed 03/09/2010 105 106 Tukwila Urban Access Improvement Project Page 3 i. Traffic Manual, (M51 -02) j. Highway Runoff Manual, (M31 -16) k. Utilities Manual, (M22 -87) 1. Local Agency Guidelines, (M36- 63(PA)) m. Environmental Procedures Manual, (M31 -11) American Association of State Highway and Transportation Officials (AASHTO) Publications: a. A Policy on Geometric Design of Highways and Streets, 5 Edition (2004) b. Standard Specifications for Highway Bridges, Seventeenth Edition, (2002) c. Highway Design and Operational Practices Related to Highway Safety, (1997) U.S. Department of Transportation (USDOT) Publications: a. Manual of Uniform Traffic Control Devices for Streets and Highways, 2003 b. Highway Capacity Manual Other Publications /Design Guides: a. National Electrical Code b. Standards of the American Waterworks Association c. Book of American Society for Testing and Materials Standards d. American Public Works Association standards e. Americans With Disabilities Act (ADA) f. General Electric's ALADAN program (Illumination design) III. PROJECT SCHEDULE The preliminary project schedule will be developed upon notice to proceed. The duration of the reviews by the CITY, and by others, will be given in the project schedule. Mutually agreeable changes to the project schedule, whether initiated by the CITY or CONSULTANT, may be the basis for adjustments in the project budget. c• \docume -1 \cyndy -1.tuk \locals -1\ temp \xpgrpwise \exhibit_a_scope_of work_supp_9_v10.docx Printed 03/09/2010 CINTB Tukwila Urban Access Improvement Project Page 4 IV, ITEMS AND SERVICES TO BE FURNISHED BY THE CITY The CITY will provide the following items and services to the CONSULTANT that will facilitate the preparation of the documents for work within the limits of the PROJECT. The CONSULTANT is entitled to rely on the accuracy and completeness of this and other data furnished and represented by the CITY and others, including but not limited to, survey and traffic data. The City will be responsible for leading WSDOT coordination, permitting, preparation of agreements and private property coordination. Reviews of CONSULTANT submittals at the mutually agreed upon times set forth in the project schedule and the consolidation of all review comments by others onto one review set prior to return to the CONSULTANT. Lighting requirements and design criteria per City of Tukwila Department of Community Development (DCD) requirements, if available. CITY will prepare and provide documents for rights -of -entry upon all lands necessary for the performance of the design work including official notices to property owners and agencies. Arrangements for the public meetings, including meeting place, announcements, etc. The CITY will be responsible for public involvement and information for the PROJECT. Payment of all review and /or permit fees. Computer generated files supplied by the CITY will be in AutoCAD, and in a format compatible with the CONSULTANT's hardware /software. Any reformatting or reconfiguration or hardware /software purchase necessary to make the supplied files compatible will be considered Extra Work. V. ABBREVIATIONS The following abbreviations are referred to throughout this scope of work: AASHTO American Association of State Highway and Transportation Officials BDM WSDOT Bridge Design Manual DCE Documented Categorical Exemption DFW Washington State Department of Fish and Wildlife DNR Washington State Department of Natural Resources DOE Washington State Department of Ecology ESA Endangered Species Act c:\docume -1 \cyndy -1. tuk \locals -1 temp\ xpgrpwise\ exhibd_a_scope_of_work_supp_9_v 10 -docx Printed 03/09/2010 :'INTB 107 108 Tukwila Urban Access Improvement Project Page 5 FEMA Federal Emergency Management Agency FHWA Federal Highway Administration LOS Level of service NEPA National Environmental Projection Act NMFS National Marine Fisheries Service NPDES National Pollutant Discharge Elimination System NRHP National Register of Historic Places ROW Right -of -way PS &E Plans, specifications, and estimates SEPA State Environmental Protection Act TDM Transportation Demand Management TS &L Type, Size and Location WSDOT Washington State Department of Transportation USFWS United States Fish and Wildlife Service VI. PROJECT DOCUMENTATION The documents listed as "Deliverables" in the Work Tasks, Section IX of this scope of work, and other exhibits or presentations for the work covered by this AGREEMENT and associated supplements, if necessary, will be furnished by the CONSULTANT to the CITY upon completion of the various tasks of work. Whether the documents are submitted in electronic media or in hard copy, any use of the materials on another project or on extensions of this project beyond the use for which they were intended, or any modification of the materials or conversion of the materials to an alternate system or format will be without liability or legal exposure to CONSULTANT. The CITY will assume all risks associated with such use, modifications, or conversions. The CONSULTANT may remove from the electronic materials delivered to the CITY, all references to the CONSULTANT involvement and will retain a tangible copy of the materials delivered to the CITY which will govern the interpretation of the materials and the information recorded. Electronic files are considered working files only; the CONSULTANT is not required to maintain electronic files beyond 90 days after the project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. VII. WORK TASKS General Assunntions: The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit C. These costs are itemized in Exhibit C to aid in project c: \docume- 1\cyndy- 1.luk\ locals -1\ temp \xpgrpwise \exhibil_a_scope_of work_supp_9_v10.docx Printed 03/09/2010 :aI N'A'B Tukwila Urban Access Improvement Project Page 6 tracking purposes only. The budget may be transferred between tasks, provided the total contracted amount is not exceeded. Additional services beyond these limits will be considered Extra Work. Subsurface investigation and remedial action associated with hazardous wastes located within the project limits are not within this scope of services. No hazardous, dangerous, or contaminated soil /ground water is anticipated on or within the project limits. Should any of these materials be encountered, it will be considered Extra Work. The analyses, design, plans, specifications, and estimate performed or prepared as part of the PROJECT will be in English units. Metric units will not be used on this PROJECT. The plans will be prepared in accordance with City of Tukwila drafting standards, with WSDOT /APWA standards being the default standards to follow. The project contract documents will be reviewed once by WSDOT and once by the City of Tukwila. The review will be of the revised 100% PS &E. Electronic files of PS &E contract documents will be delivered to the CITY in AutoCAD format (latest version) at the conclusion of Supplement 9. Preparation of the record drawings (as- builts) will be the responsibility of the CITY. c \docume-1 \cyndy-1 tuk\ locals -1\ temp1xpgrpwise \exhibil_a_scope_of_work_supp_9 v10.docx Printed 03/09/2010 :INTB 109 110 Tukwila Urban Access Improvement Project Page 7 TASK 21.1 PROJECT MANAGEMENT In this task are described those services necessary to plan, perform, and control the various elements of the project so that the needs and expectations of the CITY and other project stakeholders will be met or exceeded. Assunwtions: To accurately establish and manage the total project budget, the CITY will provide to the CONSULTANT their anticipated administrative costs through construction. The CONSULTANT shall generate the estimated right -of -way acquisition costs. The CONSULTANT's Project Manager and /or deputy Project Manager will meet with the CITY's Project Manager on a weekly basis throughout the completion of the project. The CONSULTANT shall submit monthly invoices with a written summary of project progress to -date and activities expected for the next month. The workplan components developed in Phase 1 of the project will be used as the guidelines for performing the work in this supplement. Issues may arise that are beyond the provisions of this scope of work. Flexibility will be maintained in the workplan to address these urgent project issues; however, the reallocation of resources may result in justification for Extra Work. Internal project team coordination meetings will be held weekly between NTP and completion of final PS &E. These meetings will be in addition to the coordination meetings held with the CITY, but budgeted as part of the specific work tasks, separate from Task 1 Project Management. Task 21.1.1 Issues Resolution In accordance with the Change Management Plan, this task may involve: Identifying and assessing a given issue relative to schedule, budget, resources, and risk. Initiating the appropriate action(s) by assigning the issue to specific team member(s) for resolution using the Communication Plan provisions as a guideline. Monitors the issue resolution progress. Providing assurance for the timely resolution of issues. Adjusting the project work plan components as required. The level of effort associated with each individual issue is contained within the appropriate task(s) available to the team member(s) responsible for its resolution. Task 21.1.2 Measure Project Requirements Maintain the focus of the team members on satisfying the project purpose, objectives, and scope of work. Monitor and confirm that the technical aspects of the project are being performed and c: \docume -1 \cyndy -1 tuk \locals -1l temp \xpgrpwise\ exhibit _a_scope_of_work_supp_9_v 10. docx Printed 03/09/2010 CI NTB Tukwila Urban Access improvement Project Page 8 prepared in compliance with the CITY's expectations. Verify that the information generated on the project is being filed. Task 21.1.3 Measure Budget Conformance On a weekly basis, monitor the budget. Monitor the planned versus actual rate of expenditure for each element, and identify trends, taking corrective actions if necessary by implementing the applicable provisions of the Change Management Plan. Task 21.1.4 Develop Schedule and Measure Conformance This task will begin with the development of a project schedule. The schedule will incorporate all tasks documented in this scope of work. The task shall also include monitoring and updating the Project Schedule on a monthly basis or as needed to determine potential i►npacts of proposed changes. Adjust the durations, predecessor relationships, constraints, linkages, deliverable descriptions and dates, reviews, percent completes, milestones, critical path, and task completion dates to reflect the current status of the project and the revisions made to the work breakdown structure. Task 21.1.5 Communicate Progress Conduct ongoing, proactive, responsive communications with the CITY staff involved in the direction and execution of the project. Coordinate the schedule of the reviews to be performed by the CITY. Prepare and submit a monthly progress report that will include identification of work performed in the previous month's schedule, measures for mitigating schedule slippage and identification and discussion of potential problems that may arise. Prepare meeting minutes if necessary and distribute to attendees. Task 21.1.6 Lead the Project CONSULTANT Team Provide direction to the project CONSULTANT team. Conduct project coordination meetings as required with appropriate task leaders. Monitor the planned versus actual rate of expenditure for each task and take corrective actions if necessary. Collect from each task leader, the percent complete as measured by how much work is left to be accomplished on a task by task basis. Maintain a high exposure to the project team of the issues to be resolved and their potential impacts to the measures of success for the project. Task 21.1.7 Manage Quality The Quality Assurance manager shall implement the processes described in the Quality Management Plan to meet the project objectives established by the stakeholders. Perform continual Quality Planning to reaffirm which quality standards are relevant and how they are to be satisfied. Verify that Quality Control has been provided for each technical specialty to evaluate the overall project performance on a regular basis and to build confidence that the project will satisfy the current quality standards for the design, drawings, specifications, and cost estimates. Confirm that specific project results are being monitored by each technical specialty through Quality Control activities to determine if they are in compliance with the quality standards and, if not, that potential solutions to eliminate the cause(s) of unsatisfactory performance have been identified and implemented. Facilitate the identification and assignment of appropriate senior reviewers for each technical specialty. Confirm that the current Quality Control activities are clearly indicated in the Project Schedule. c. \docume -1 \cyndy -1.tuk \locals -1 temp \xpgrpwi se\ exhibit_ a_scope_of_work_supp_9_v10.docx Printed 03/09/2010 :1NTB 111 112 Tukwila Urban Access Improvement Project Page 9 Task 21.1.8 Manage Change The CONSULTANT's Project Manager will monitor scope adherence to identify potential changes. The Project Manager will work with CONSULTANT team technical specialty staff to track and document potential changes and, if necessary, complete Project Change Records for endorsement from the City of Tukwila. Following are the specific efforts included in this task: 1. Identify, Analyze Develop Change Strategies. Orchestrate the Change Management Plan by logging and tracking potential changes identified from any source (Step 1); facilitating the analysis of the change and determination of its impacts (Step 2), and facilitating the development of a response strategy (Step 3). The specific activities associated with completing Steps 2 3 on a given potential change will be largely the responsibility of each technical specialty staff. 2. Identify Analyze Risk of Change. Identify and analyze the likelihood of the potential change introducing risk into the project. Characterize the risk to the extent possible and outline control measures for minimizing its negative effects. 3. Change Authorization. Communicate the proposed strategy(s) to resolve the change and make appropriate revisions as necessary to gain endorsement for the change (Step 4). Obtain a written change authorization from the CITY, by the City Public Works Director, and from the CONSULTANT, by its Project Manager, as representatives of the project stakeholders. 4. Workplan Revisions. Prior to undertaking the work as a result of the change, revise the project workplan (Step 5) to avoid misunderstandings, discontent, and poor project performance. Monitor the implementation of the change using the standard project tools and techniques. c: \docume -1 \cyndy -1.luk \locals -1 \temp \xpgrpwise\ exhibit _a_scope_ot_work_supp_9_v 10.docx Printed 03/09/2010 yINTB Tukwila Urban Access Improvement Project Page 10 TASK 21.2 RIGHT OF WAY Task 21.2.1 Right of Way Legal Descriptions and Easements The CONSULTANT shall review right of way and easements by referring to the public record and drawings to ensure that any changes that have taken place since the project was shelved have been properly recorded. In addition, the CONSULTANT shall ensure that easements previously prepared have been recorded and are shown on the right of way plans. Assumptions: The CONSULTANT assumes there will be recent recorded easements and right of way legal descriptions encumbering adjoining private property that may affect the project. The CONSULTANT shall review any record documents found and add the changes to the right of way plans. The CONSULTANT anticipates there to be a need for new descriptions to be written for additional acquisitions. The CONSULTANT shall prepare up to six legal descriptions as directed. The Limited Access line will be moved east, to the back of the proposed curb and gutter along Southcenter Parkway and the north and south limits of the Limited Access will not change. A Turnback agreement will be prepared between the City of Tukwila and WSDOT to turn existing ROW and maintenance activities from WSDOT to the City of Tukwila. The limits of this Turnback will be from new the Limited Access line located at the east curb and gutter line along Southcenter Parkway to the west side of Walls 1 and Wall 3. Deliverables: The CONSULTANT shall provide an AutoCAD file depicting legal descriptions, in the project coordinates showing the calculated locations. Task 21.2.2 Right of Way Plans Assumptions: The CONSULTANT shall prepare ROW plans compliant with WSDOT format and criteria depicting the centerline, right of way lines, easement lines, parcels, owner information and acquisition areas. Deliverables: Submittal of revised 100% Right of Way Plans Written to response to revised 100% submittal comments. Ad -ready submittal of Right of Way Plans. TASK 21.3 PERMITTING Asscunu,tions: c.\docume -1 \cyndy -1. tuk \locals -1 temp \xpgrpwise\ exhibit _a_scope_of_work_supp_9_v 10.docx Printed 03/09/2010 b'LNTB 113 114 Tukwila Urban Access Improvement Project Page 11 The City will be responsible for all permitting efforts. No work by the CONSULTANT will be performed. TASK 21.4.0 ROADWAY Task 21.4.1 Roadway and Channelization Design The CONSULTANT shall update and complete channelization, sidewalk and curb areas impacted by redevelopment or design criteria changes since the project was put on the shelf in May 2007. These areas include but are not limited to: The northern curb line and amenities on Strander Blvd, McDonalds frontage, Doubletree Hotel and adjacent office building property, and any areas impacted by new proposed storm sewer changes. The CONSULTANT's efforts will include the following: Assumvtioiis: Design revisions to accommodate development activity not listed above will be considered extra work. The buttonhook ramp design and other changes brought about by meetings with WSDOT will be prepared to a 100% PS &E design level and submitted with the revised 100% PS &E submittal and final ad -ready PS &E submittal; no other submittals will be made. Deliverables: Definition of the limits of excavation versus pavement removals and update of quantity calculations if necessary. Addition of pay items as required for Removal of Extruded Curb, Type C Curb Channelization, Concrete Barriers, and Adjustment of Storm Drainage Structures. Design for temporary access for Mc Donald's entrance that allows use of parking lot and drive thru factilities. The proposed Impact Attenuators need to be re- evaluated against new AASHTO design guidance. Review of standard item names and standard plan references and make necessary adjustments to PS &E for these changes. Ensure project connects properly with adjacent developments since project was shelved. Verify that contract documents cover the removal and re- setting of the private business monument signs on the project. These are located at the Doubletree and Southcenter Place properties. Meet with other design disciplines to finalize and adjust final revised paving limits. Impacts associated with revisions agreed to during the WSDOT coordination meetings on November 3` 2009 and December 2 2009 As part of this task the CONSULTANT shall complete the buttonhook ramp design that was previously developed to approximately 30% design level along with all other changes as a result of WSDOT coordination. The CONSULTANT's work will include completing the horizontal and vertical layout design, channelization, paving design and signing design. Design deviations, evaluate upgrades and design justifications as described in the memo from the CONSULTANT to CITY dated January 7, 2010 will be approved by WSDOT. If not approved, additional related work required by the CONSULTANT will be considered Extra Work. cldocume -1 \cyndy 1.luk\ locals 1\ temp\ xpgrpwise \exhibit_a_scope_of_work_supp_9 v10.docx Printed 03/09/2010 CINTB Tukwila Urban Access improvement Project Page 12 Submittal of revised 100% roadway and channelization Plans, Specifications and Estimate. Written response to revised 100% submittal comments. Ad -ready submittal of roadway and channelization Plans, Specifications and Estimate. Task 21.4.2 Signals and Interconnect The CONSULTANT shall update the final design and plans, specifications, and estimates for traffic signal installations since the project was put on the shelf in May 2007 along with changes resulting from WSDOT coordination. This task will include the design of signal interconnect between the new or modified signalized intersections listed below. Southcenter Parkway and Doubletree /McDonald's entrance Southcenter Parkway and Strander Blvd Southcenter Parkway and Klickitat Drive Southcenter Parkway and Nordstrom entrance Assail-lotions: Signal interconnect to be designed and constructed as part of this project will terminate at project limits on Southcenter Parkway. Video surveillance cameras will not be included in this project. Vehicle detection will be carried out using the Vantage video image vehicle detection system systems. Communication to support signal coordination will not extend beyond the limits of the project. The City of Tukwila will provide coordination of design activities, permits, and any other projects that may affect the traffic signal systems design and installation. Deliiverables: Submittal of revised 100% Signals and ITS Plans, Specifications and Estimate. Written to response to revised 100% submittal comments. Ad -ready submittal of Signals and ITS Plans, Specifications and Estimate. Task 21.4.3 Illumination The CONSULTANT shall update the illumination design including lighting calculations based on changes since the project was shelved in May 2007. The following will be updated: Review location of power vaults at north end of project and relocate if necessary Power for lighting, sign lighting and ITS elements. Review changes to channelization and illumination calculations c \docume -1 \cyndy -1.tuk \locals -1\ temp xperpwiselexhibit _a_scope_of_work_supp_9 v10.docx Printed 03/0912010 LINTB 115 116 Tukwila Urban Access Improvement Project Page 13 Update and coordinate with sign lighting design Power sources will be identified. Coordination with Puget Sound Energy for revised loads. Voltage drop and load calculations. Design will be prepared to meet WSDOT standards as modified by the City of Tukwila, NEC, IES standards. Assumptions: Lighting calculations will use the AGI32 program to determine if additional lighting is required in areas of roadway widening. Luminaires will be relocated where required wiring and conduit will be installed underground. Deliverables: Submittal of revised 100% Illumination Plans, Specifications and Estimate. Written to response to the revised 100% submittal comments. Ad -ready submittal of Illumination Plans, Specifications and Estimate. Task 21.4.4 Site Preparation The CONSULTANT shall develop updated design and PS &E (location, limits, type, details, construction notes, calculations, and quantities) of the site preparation elements for the project to a 100% review and Ad Ready level of completion based on any changes to design criteria or standards resulting from shelving of the 100% submittal or from known changes resulting from WSDOT coordination. Deliverables: Submittal of revised 100% site preparation Plans, Specifications and Estimate. Written to response to revised 100% submittal comments. Ad -ready submittal of site preparation Plans, Specifications and Estimate. Task 21.4.5 Traffic Control Plans The CONSULTANT shall provide a specification for the contractor's use of CITY streets during construction including the time periods during which construction work can occur. Assumptions: The CONTRACTOR shall develop traffic control plans to provide for the movement of traffic between and through each work area during the course of construction, including c. \docume- 1 \cyndy- 1.luk\ locals- 1l templxpgrpwise \exhibil_a_scope_ot work_supp_9_v10.docx Printed 03/09/2010 `I N T B Tukwila Urban Access Improvement Project Page 14 work zones, areas open to traffic, sequencing of work to required maintain traffic, and any detours. Traffic control plans developed for the 100% shelf submittal, May 2007 will be provided to the contractor for information only. Deliverables: Submittal of revised 100% Specifications and Estimate. Written to response to revised 100% submittal comments. Ad -ready submittal of Specifications and Estimate. Task 21.4.6 Detour Plans The CONSULTANT shall develop traffic detour plans based on the full closure construction phasing and partial closure construction phasing identified above. The purpose of the traffic detour plans is to establish detour routes to minimize disruption to traffic on adjacent facilities during the closure of Southcenter Parkway. The CONSULTANT team will conduct a single workshop to coordinate with various stakeholder groups to develop the detour plans and strategies. Groups shall include: Westfield Mall; Tukwila Traffic Management Center staff. King County Metro Transit Sewer Emergency Services Utilities United State Postal Service (USPS) Regional Distributions, Freight Mobility WSDOT Detour plans developed will consider and include: Traffic operations through the proposed detour routes Identification of impacts to transit operations, and emergency service providers, and mitigation of those impacts, if any. Temporary signing and delineation ASSU191ntions: The project will be constructed under a full road closure as depicted in the 30% Design Report and under a partial closure phase with the project being opened to traffic during the seven week 2010-2011 construction moratorium period. c: \docume -1 \cyndy -1. tuk \locals -1 temp \xpgrpwise\ exhibit _a_scope_ot_work_supp_9_v 10.docx Printed 03/09/2010 N MTS 117 11 Tukwila Urban Access Improvement Project Page 15 CONSULTANT shall coordinate the detour plan and ramp closures with WSDOT, City of Tukwila, property owners and other associated stakeholders. Deliverables: Submittal of revised 100% Detour Plans, Specifications and Estimate. Written to response to revised 100% submittal comments. Ad -ready submittal of Detour Plans, Specifications and Estimate. Task 21.4.7 Signing The CONSULTANT shall finalize and update the design of overhead and street signs since the project was shelved in May 2007. Design changes will have to be made to address addition of the Buttonhook Ramp, development activity that has occurred in the area since project plans were put on the shelf and other changes brought about through WSDOT coordination. Key elements of work include: Redesign of overhead signs and street signs Perform structural analysis and design for overhead sign supports Assumptions: Work will incorporate changes to MUTCD requirements and design criteria as adopted, as well as WSDOT std. plans and specs for signing that have occurred since the 2007 project shelf date. Design and structural analysis will be required for 2 signs mounted to overpass structures. Coordination with WSDOT will be necessary to complete the PS &E documents WSDOT Bridge and Structures office will review signing structure design for signs within WSDOT ROW. Deliverables: Submittal of revised 100% signing Plans, Specifications and Estimate. Written to response to revised 100% submittal comments. Ad -ready submittal of signing Plans, Specifications and Estimate. Task 21.4.8 Landscape Design and Architectural Treatments The CONSULTANT shall update and complete the 100% shelf submittal urban design elements including: pedestrian paving, wall finishes, barriers, pedestrian railings, street trees, slope and accent plantings, irrigation, pedestrian street lighting, fencing and site furnishings based on changes in criteria, changes in project area and design changes resulting from coordination with WSDOT. This work also includes coordination with civil, structural, environmental and storm water plan development. Assumptions: c: \docume -1 \cyndy -1. tuk \locals -1 temp \xpgrpwise\ exhibit _a_scope_ol_work_supp_ 10.docx Printed 03/09/2010 C 'INTB Tukwila Urban Access improvement Project Page 16 Artwork or coordination with artist is not included in the scope at this time Deliverables: Submittal of revised 100% Landscape and Architectural Plans, Specifications and Esti mate. Written to response to revised 100% submittal comments. Ad -ready submittal of Landscape and Architectural Plans, Specifications and Estimate. TASK 2t5 DRAINAGE AND TESC The CONSULTANT shall finalize and update the design for the drainage conveyance, detention and Stormwater Report since the project was shelved in May 2007. Design changes will have to be made to address the addition of the Buttonhook Ramp, WSDOT coordination, and other development activity that has occurred in the area since project plans were put on the shelf. The 100% shelf Copy design will need to be updated to comply with current Washington State Department of Ecology (DOE) design and permitting criteria. A drainage design review was performed for the drainage system to identify possible opportunities to: 1) Modify the design to meet current standards. 2) Simplify the design (making it easier to construct in a shorter period of time). 3) Incorporate project changes that have been requested through WSDOT review. The following Scope utilizes the concept identified in the February 2010 Drainage Design Review and discussions with the City: Assu,ni tions: The following drainage and TESC assumptions apply: The drainage design and calculations will comply with the 2008 WSDOT Highway Runoff Manual within WSDOT ROW or Limited Access and the 2009 King County Surface Water Design Manual in the City of Tukwila. The Stormwater Report will follow WSDOT Northwest Region 2008 Highway Runoff Manual Format. This scope of work assumes changes to the roadway impervious areas for the additional widening of the south "buttonhook" exit ramp and modifications resulting from WSDOT channelization changes to accommodate WB -67 truck turning movements at Klickitat Drive /Southcenter Parkway, which include, elimination of landscape islands, rechannelization, added impervious area at southwest quadrant of the Klickitat /Southcenter Parkway intersection. Drainage updates will be based on the Drainage Design Review memorandum prepared for the City of Tukwila in February 2010. WSDOT will review and approve design elements within WSDOT Limited Access and /or ROW. c. \docume -1 \cyndy -1. tuk\locals-1\ temp \xpgrpwi se\ exhibit_ a_scope_of_work_supp_9_v10.docx Printed 03/09/2010 119 120 Tukwila Urban Access Improvement Project Page 17 The drainage design approach for performing these revisions involves the following steps: Meet with WSDOT and the City to discuss the drainage revision approach as a result of changes in criteria and WSDOT revisions, submittal requirements, drainage report format, and other WSDOT expectations. Revise Threshold Discharge Areas according to roadway geometric changes. Revise the drainage design criteria according to current King County Surface Water Manual and the WSDOT Hydraulics Manual 2010, and Highway Runoff Manual 2008. Revise the flow control detention vault design based on the Drainage Design Review memorandum prepared for the City of Tukwila in February 2010. Revise the water quality approach based on the Drainage Design Review memorandum prepared for the City of Tukwila in February 2010. Revise the conveyance system tributary areas, inlet spacing calculations, gutter spread calculations, and conveyance calculations. Revise the vault details. Revise the control structure details. Provide emergency bypass conveyance around the vaults. Update plans, profiles, details, quantities, and specifications. This work also involves removing the structure notes from the plans. Updating the structure notes plans involves a significant effort. This change proposes to document the approximate quantities in the specifications for the contractor to base a Lump Sum fee for the drainage construction. Update the drainage Technical Information Report Update the Temporary Erosion and Sediment Control (TESC) Report Submit the drainage and TESC report along with the revised plans and "original" responses to WSDOT comments. Please note the responses to the original WSDOT comments will be revised to accommodate current design issues. This Scope assumes WSDOT will review the plans for 4 weeks (standard review time) and the consultant will provide response to comments and attend one comment resolution meeting with the City and WSDOT. Following the response to comments meeting, the Consultant will update the design according to comment responses, submit for final review and request drainage design approval. c. \docume- 1\cyndy -1.tuk \locals- 1\temp \xpgrpwise\ exhibit _a_scope_of_work_supp_9_v10 docx Printed 03/09/2010 C°I NTB Tukwila Urban Access improvement Project Page 18 This Scope assumes a final review meeting will be held with WSDOT and the City to discuss minor design elements and responses and revisions to be incorporated into the Ad Ready PS &E submittal. Task 21.5.1 Stormwater Report This report will address changes in criteria since shelving of project, unresolved issues prior to shelving, and modifications to impervious areas as a result of changes made during WSDOT coordination of channelization plans in addition to updates agreed upon by the City as documented in the Drainage Design Review Memorandum, February 2010. The report will update the stormwater system design including analyses for modification to drainage basin impervious areas, inlet spacing /locations, sag inlet capacity analysis, pipe sizing, and detention and water quality treatment vault sizing. Sections of the existing Stormwater Report submitted to WSDOT in 2005 will be incorporated wherever possible. The CONSULTANT shall update and submit one draft and one final Type A Stormwater Report with TESC narrative for approval to the City of Tukwila for review and approval by WSDOT. It is assumed that the City and WSDOT will perform concurrent reviews of the Stormwater Report. This report shall include a summary and description of both pre- and post developed conditions along with calculations for both the collection /conveyance systems, flow control and quality control systems. The report shall address flow control and runoff treatment requirements along with a map and table identifying and summarizing the affected drainage basins and how much new /replaced impervious surface will be constructed within each basin. The memo shall include narrative, calculations, basin maps, stormwater /drainage plans, and figures. Deliverables: Report will be prepared according to WSDOT Northwest Regional Highway Runoff Manual format. I Draft Stormwater Report submitted with updated plans and calculations (electronic PDF and 3 hard copies) to the City of Tukwila for concurrent review by the City and WSDOT. Responses to WSDOT and City of Tukwila comments on 1 draft Stormwater Report (comment form electronic PDF) Final Stormwater Report submitted with updated plans and calculations (electronic PDF and 3 hard copies) Task 21.5.2 Drainage Plans and Details This element of work includes updating the storm drainage plans according to City of Tukwila Public Works Department Development Guidelines and Design Construction Standards Revision 1 (2005) and the WSDOT 2008 HRM. Update plan view pipe network Update catch basin types, sizes, and locations Update pipe sizes, callouts, and water quality facility locations Update control structure details Update detention and treatment vault details c \docume- 1 \cyndy -1.tuk \locals -1 \temp \xpgrpwise \exhibit a_scope_of_work_supp_9_v10 docx Printed 03/09/2010 I NTB 121 122 Tukwila Urban Access Improvement Project Page 19 Update profiles Update utility crossings and checking for water and sewer conflicts Updating wall conflicts Update oil water separator details Evaluate and update discharges into WSDOT right -of -way for method of construction (i.e. bore and jacking). Evaluate the existing WSDOT pond system for flow control and treatment capacity. Deliverables: Submittal of revised 100% Drainage Plans, Specifications and Estimate. Written to response to revised 100% submittal comments. Ad -ready submittal of Drainage Plans, Specifications and Estimate Task 21.5.3 TESC Plans and Details The purpose of this task is to update TESC Plans and Details. This element of work includes updating the TESC plans according to City of Tukwila Public Works Department Development Guidelines and Design Construction Standards Revision 1 (2005) and the WSDOT 2008 HRM. Deliverables: Submittal of revised 100% TESC Plans, Specifications and Estimate. Written response to revised 100% submittal comments. Ad -ready submittal of TESC Plans, Specifications and Estimate c: \docume -1 \cyndy -1. tuk \locals -1 temp \xpgrpwise\ exhibit_ a_scope_of_work_supp_9_v Printed 03/09/2010 CIINTB Tukwila Urban Access improvement Project Page 20 TASK 21.6 STRUCTURES (BRIDGES/WALLS) Task 21.6.1 Bridges and Walls The CONSULANT shall update and complete the project structural design since the project was shelved in 2007. The structures include the single span cast -in -place slab bridge and foundations, soldier pile retaining walls, structural earth retaining walls, cast -in -place retaining walls, moment slabs, traffic barriers, light pole foundations, sign supports and stairs. Specific tasks to be carried out include: Review 100% shelf submittal and update plans. Review 100% shelf specifications and update to current WSDOT Specifications and Special Provisions. Design changes for accommodation of WB -67 design vehicle o Re- design of north end of CIP bridge and abutment o Design of drilled shaft and column for signal pole foundation. o Wall at SW corner of Klickitat Drive and Southcenter Parkway Review and update the structural cost estimate quantities. Update unit prices and estimate backup data for the current construction year. Conduct interdisciplinary review and update PS &E. Perform design checks and quality control on all revisions to the 100% shelf submittal. Assemble 100% PS &E package for delivery to client. Review, respond to and incorporate as appropriate review comments made on the revised 100% Submittal. Perform QC on the Ad -Ready PS &E Submittal Assemble Final Ad -Ready package for delivery to client. Project Closeout. Assumptions: 6 -1 hour design team coordination meetings 6 -1 hour design meetings Deliverables. Submittal of revised 100% structures Plans, Specifications and Estimate. Written response to revised 100% submittal comments. Ad -ready submittal of structures Plans, Specifications and Estimate TASK 21.7 SURVEYING Task 21.7.1 Field Survey for Design A ssunwtions: The Consultant shall provide supplemental field survey for the following areas: 1) the north end where the City of Seattle /City of Tukwila water intertie is located; 2) the changes to the north side of Strander Blvd.: 3) the McDonalds parking lot and frontage to Southcenter Pkwy.; 4) The bridge and abutment structure of Klickitat Dr. in these areas: c \docume -1 \cyndy -1. tuk \locals -1\ temp \xpgrpwise\ exhibit_ a_scope_of_work_supp_9_v10.docx Printed 03/09/2010 :INT 123 124 Tukwila Urban Access Improvement Project Page 21 The surface features will be resurveyed and incorporated into the existing base map. Utilities will be located only in the intertie area. Deliverables: The CONSULTANT shall provide a complete revised base drawing where the old features have been removed and the current features added. TASK 21.8 UTILITIES Task 21.8.1 Coordination with utilities In the previous phases the CONSULTANT coordinated with the utility agencies /private companies and for this work will continue to do so. The utility companies that the CONSULTANT included time to coordinate with are as follows: Olympic Pipe Line Qwest King County Metro City of Tukwila Water Dept. PSE (gas power) Assumvtions: The CONSULTANT shall continue to coordinate and meet with the private utility companies and utility agencies listed above to let them know how their facilities will be impacted. This will include sharing project design drawings and survey base map data and information. The CONSULTANT shall share design drawings with the utility companies and agencies as needed to assist the utility companies with their planning and design. The design of the private utility relocation such as PSE and Qwest facilities will be done by those companies. The CONSULTANT will review the private utility design and provide comments to the private utility. Interpretation of any franchise agreements, up- dating, modifying or negotiating agreements will be done by the City. If the existing utilities (water sanitary sewer) are shown on the survey and are located in the right of way have to be relocated and the CONSULTANT has included design for that relocation to be done in kind. The CONSULTANT has not included any time to coordinate with any local businesses or private companies as far as up- grading existing utilities. The CONSULTANT has not included any time to coordinate with utilities that have been installed within the last 2 years or since the May 2007 100% Shelf submittal other than improvements to the utilities owned by the companies listed above such as PSE. Deliverables: c. \docume- 1\cyndy- 1.tuk\ locals -1\ temp\ xpgrpwise \exhibit_a_scope_of_work_supp_ v10.docx Printed 03/09/2010 CINTB Tukwila Urban Access Improvement Project Page 22 The CONSULTANT shall document meetings with utility companies. Task 21.8.2 Utility Design The CONSULTANT shall complete and update the utility design to reflect changes since the project was shelved in 2007. Assumptions: For the new water system the CONSULTANT has coordinated with the City of Tukwila Fire Dept. for the water system fire protection requirements. It is assumed that the design is still valid and meets the Fire Dept. requirements. The water system design as last submitted still meets the City requirements as far as alignment and sizing. The CONSULTANT has not included time for any new alignments and either up sizing or down sizing the system. The previous survey limits did not include SPU and City of Tukwila facilities at the north end of the project in the vicinity opposite Bahama Breeze Restaurant. This proposed scope of work will include survey for those items so the new water connection in that area will be coordinated with the existing facilities. The CONSULTANT shall include coordination with the other proposed new utilities such as storm drain and signals if those designs are revised. The CONSULTANT shall include coordination with the new utilities and improvements from the mall new construction and new businesses and improvements along Strander Blvd. This work includes time to adjust the existing new water main alignment due to new utilities serving the mall or businesses based upon as -built data from the developers /property owners, as available. Deliverables: Submittal of revised 100% utility Plans, Specifications and Estimate. Written to response to revised 100% submittal comments. Ad -ready submittal of utility Plans, Specifications and Estimate TASK 21.9 SPECIAL PROVISIONS The CONSULTANT shall update and complete project Special Provisions and assemble the contract provisions for reviews and advertisement based on changes in criteria resulting from the project being shelved and changes resulting from WSDOT coordination. The CONSULTANT shall review the WSDOT Local Agency and APWA General Special Provisions, GSP's and update those that are applicable. Assumptions: c \docume 1\cyndy -1.tuk \locals -1\ temp \xpgrpwise\exhibit_a_scope_of work_ supp_9_v10.docx Printed 03/09/2010 NNTB 125 126 Tukwila Urban Access Improvement Project Page 23 The development of Special Provisions specific to the proposed project elements that supplement or revise Tukwila's Standard Specifications and General Special Provisions are addressed in Tasks 2, 4, 5 6 and 8. Deliverables: Deliverables are addressed in Tasks 2, 4, 5, 6 and 8. TASK 21.10 DEVELOPMENT OF QUANTITIES AND COST ESTIMATE The CONSULTANT shall update and complete the Engineer's Estimate of Probable Construction Cost, with an itemized list in tabular form describing specification section, item, and quantity, estimated unit costs and estimated total. This estimate will be based on the 100% PS&E shelf copy estimate developed for the May 2007 submittal and the update of the cost estimate developed for Supplement 8. The costs shown in the estimate represent an estimate of probable costs prepared in good faith with reasonable care. HNTB has no control over the costs of construction labor, materials or equipment, nor over competitive bidding or negotiating methods and does not make any commitment or assume any duty to assure that bids or negotiated prices will not vary from this estimate. Deliverables: 100% and Ad -ready submittals of Engineer's Estimate of Probable Construction Cost. TASK 2t11 100% AND AD -READY CONTRACT PLAN SHEETS Consultant shall prepare ad -ready plans with supporting design calculations. Format for plans will be ink or equivalent, on City of Tukwila title /border, 22 -inch x 34 -inch size sheets. The scales to be used, the lettering and the general delineation of the plans will be such as will provide legible reproduction at full. scale, or when reproduced at one quarter the original area (50 percent reduction). The Consultant shall also provide electronic files of the ad -ready plans. This task shall include the update of the following sheets as needed for the 100% and Ad ready submittals: Title and vicinity Index Legend General Notes Deliverables: 100% and Ad -ready submittal of contract plan sheets. TASK 21.12 CONSTRUCTION SCHEDULE The CONSULTANT shall update the construction schedule prepared in Supplement 8. c: \docume \cyndy- 1.luk\locals -1\ temp \xpgrpwise \exhibit_a_scope_of work_supp_9 v10.docx Printed 03/09/2010 Tukwila Urban Access improvement Project Page 24 Assumptions: It is assumed that construction will be completed in two construction seasons. The Construction schedule will be consistent with the City's construction moratorium. Deliverables: Draft and Final Construction schedules using Microsoft Projects software. TASK 21.13 ASSISTANCE DURING BID PERIOD The CONSULTANT shall attend a pre -bid meeting for the project. Attendance at the Pre -Bid Meeting shall include up to two (2) CONSULTANT attendees to present information and provide clarification. No information provided at the Pre -Bid Meeting shall supersede the contract documents. Bidder questions raised during the Pre -Bid Meeting will be documented. Effort by the CONSULTANT under this task will be complete at the date of bid opening. c: \docume -1 \cyndy -1.tuk \locals -1\ temp \xpgrpwise \exhibil_a_scope_of work_supp_9_v10 docx Printed 03/09/2010 CINTB 127 128 Staff Classification Hours Rate Total Cost Principal 12 $269.34 $3,232 Project Manager 274 $186.65 $51,141 Sr. Engineering Manager 16 $158.38 $2,534 Sr. Architectural Manager 32 $175.43 $5,614 Senior Project Engineer 666 $150.67 $100,348 Project Engineer 60 $137.12 $8,227 Design Engineer /Traffic Engineer 827 $90.87 $75,150 Landscape Architect 160 $92.97 $14,876 Sr. Technician 453 $96.48 $43,704 Project Administrator 68 $113.06 $7,688 Admin. Asst. /Clerical 14 $67.74 $948 REIMBURSEABLE COSTS SUBCONSULTANT COSTS r 1 Exhibit B -1 HNTB Corporation Consultant Fee Determination Summary Sheet (Lump Sum) Tukwila Urban Center Access Project: Klickitat /Southcenter Parkway Supplement No. 9 Final Design LABOR COSTS Total Hours 2582 TOTAL LABOR COSTS $313,4621 Local Travel (Mileage /Parking): $500 Reproduction: $2,500 Other: $250 TOTAL REIMBURSEABLE COSTS $3,250 HDR Engineering, Inc. $132,8491 PACE Engineers, Inc. $84,2541 TOTAL FEE $533,8161 HNTB Corporation 05 -071, Supplement No. 9 C: \DOCU ME-1 \CYN DY -1.TU K \LOCALS -1 \Temp\XPg rpwise\ Supp_9_Exhibits_B_ &_C_split_v10 Page 1 of 2 129 13 Exhibit B -4 Summary of Hours All Firms Tukwila Urban Center Access Project: Klickitat /Southcenter Parkway Supplement No. 9 Final Design HNTB J HDR J Hours I Hours I 21.11 Project Management 1• 242.::, 21.1.111ssues Resolution I 10 6 1 21.1.21Project Requirements 1 20 4 21.1.31Budget Performance 1 80 4 21.1.4lSchedule Conformance 1 24 21.1.5lCommunicate Progress 1 32 22 21.1.61Consultant Team 1 40 32 21.1.7 /Manage Quality I 20 6 21.1.81Manage Change 16 4 1 21.21Right of Way 1... ,168 21.2.11Legal Descriptions Easements I 24 21.2.21/Right of Way Plans 1 144 1 '21.31 Permitting L 1 21.3.11NPDES Stormwater Permit for DOE 1 r 21.41 Roadway 816. l :990 1 21.4.1 I Roadway Design i 12 684 21.4.2 /Signals and ITS I 164 21.4.31Site Preparation I 128 21.4.41111umination 1 116 21.4.51Traffic Control Plans 1 36 21.4,61Detour plans 1 136 21.4.71Signing 1 28 306 21.4.8lLandscape Design Architectural Treatments 196 1 21.51Drainage'. '1' :•936 21.5,1lStormwater Report 1 360 21.5.2lDrainage Plans Details 1 460 21.5.31TESC Plans Details 1 116 1 21.61Structures I 360 21.6.1 (Bridges Walls 1 360 360 1 1', 21:71Surveying" 1„ :I 4 143 21.7.11 Field Survey for Design 1 4 143 147 1 21,8IUtifities 8 418.` 21.8.1 (Coordination w/ Utilitiies 4 40 21.8.21 Utility Design 4 378 1 21.91Special Provisions l' -76 .'•;76, 21.9.11Special Provisions 76 76 1 21.101Quantities and Cost Estimate •44? t: 7.',44' 21.10.1 (Quantities Cost Estimate 44 44 I _''.21.1,11100% and Ad Ready Contract Plan Sheets 28. 21.11.11100% Ad Ready Contract Plan Sheets 28 1 ;`21492:ICon'st iction�Sched'" lei ;r.r sk:. s v., :�:F• f,. ty 1.., 2 t .28 1.12.11Construction Schedule 28 I 28 1 1 I 21.13lAssistance During Bid Period I 40 I 1 12: 52' 21.13.1 (Assistance During Bid Period 1 40 1 12 52 1 1 Total Hours by Firm l 2,582 1 1,080 HNTB Corporation 05 -071, Supplement No. 9 \DOCUME -1 \CYNDY 1 .TUK\ LOCALS 1\ Temp \XPgrpwise \Supp_9_Exhibits B C_split_v10 PACE TOTAL Hours Hours I 16 I 24 30 1 114 24 1 54 72 26 20 759 24 144 '1,806' 696 164 128 116 36 136 334 196 936' 360 460 116 ':'360 147. 426 44 382 "28 28 4,421 Exhibit C -1 HNTB Corporation Consultant Fee Determination Summary Sheet (Lump Sum) Tukwila Urban Center Access Project: Klickitat /Southcenter Parkway *Excerpt of Supplement No. 9, Final Design: Amount of Extra Work Due to WSDOT Required Project Changes LABOR COSTS Staff Classification Hours Rate Total Cost Principal 6 $269.34 $1,616 Project Manager 109 $186.65 $20,382 Sr. Engineering Manager 11 $158.38 $1,742 Sr. Architectural Manager 16 $175.43 $2,807 Senior Project Engineer 299 $150.67 $45,111 Project Engineer 30 $137.12 $4,114 Design Engineer /Traffic Engineer 400 $90.87 $36,348 Landscape Architect 128 $92.97 $11,901 Sr. Technician 218 $96.48 $21,032 Project Administrator 34 $113.06 $3,844 Admin. Asst. /Clerical 7 $67.74 $474 r REIMBURSEABLE COSTS Total Hours 1259 TOTAL LABOR COSTS $149,3711 Local Travel (Mileage /Parking): $100 Reproduction: $1,000 Other: $250 TOTAL REIMBURSEABLE COSTS $1,350 SUBCONSULTANT COSTS HDR Engineering, Inc. $84,982! PACE Engineers, Inc. $7,2751 TOTAL FEE $242,978! HNTB Corporation 05 -071, Supplement No. 9 C \DOCUME -1 \CYNDY-1.TUK \LOCALS -1 Temp\ XPgrpwise\ Supp_9_Exhibits_B_ &_C_split_v10 131 Exhibit C -3 Summary of Hours All Firms Tukwila Urban Center Access Project: Klickitat /Southcenter Parkway Supplement No. 9 Final Design *Excerpt of Supplement No. 9, Final Design: Amount of Extra Work Due to WSDOT Required Project Changes 21.1 I Project Management 21.1.11Issues Resolution 21.1.21Project Requirements 21.1.31 Budget Performance 21.1.41Schedule Conformance 21.1.51Communicate Progress 21.1.61Consultant Team 21.1.71Manage Quality 21.1.81Manage Change 21.2IRight of Way 21.2.1 1 Legal Descriptions Easements 21.2.21Right of Way Plans 21.31Permitting .1. 21.3.11NPDES Stormwater Permit for DOE 21.41 Roadway 2.1.4.11Roadway Design 21.4.21Signals and ITS 21.4.3ISite Preparation 21.4.4) Illumination 21.4.51Traffic Control Plans 21.4.61Detour plans 21.4.7ISigning 21.4.8ILandscape Design Architectural Treatments 21.51Drainage 21.5.11Stormwater Report 21.5.21 Drainage Plans Details 21.5.31TESC Plans Details 21.61Structures 21.6.11Bridges Walls '21.71Survejring 21.7.1 IField Survey for Design 21.81 Utilities 21.8.1 (Coordination w/ Utilitiies 21.8.21Utility Design' 21.91Special Provision HNTB HDR WSDOT WSDOT 121: 39 5 3 10 2 40 2 12 16 11 20 16 10 3 8 2 390 6 82 64 58 18 17 146 180 230 58 205 205 38 1663'` 479 184 HNTB Corporation 05 -071, Supplement No. 9 \DOCU ME -1 \CYNDY- -1.TUK \LOCALS -1 Temp\ XPgrpwise\ Supp_9_Exhibits_B_ &_C_split_v10 13 PACE WSDOT 72: 72 12 TOTAL WSDOT 8 12 42 12 27 36 13 10 :72 72 '1;053 485 82 64 58 18 200 146 468; 180 230 58 205: 205 '12' 12 38 Exhibit C -3 Summary of Hours All Firms Tukwila Urban Center Access Project: Klickitat /Southcenter Parkway Supplement No. 9 Final Design *Excerpt of Supplement No. 9, Final Design: Amount of Extra Work Due to WSDOT Required Project Changes 21.9.1 !Special Provisions 21:101Quantities. arid Cost Estimate 21.10 .1 !Quantities Cost Estimate 21.111100% and Ad Ready Contract Plan Sheets 21.11.11100% Ad Ready Contract Plan Sheets 2.1,:= 12:(Coi structionSchedule 21.12.1 !Construction Schedule 21.13jAssistance During Bid Period. 21.13.1 !Assistance During Bid Period Total Hours by Firm' HNTB HDR WSDOT WSDOT 38 22 22 14' 14 1,259 702 HNTB Corporation 05 -071, Supplement No. 9 C: \DOCUME- 1 \CYNDY -1.TUK \LOCALS -1 Temp\ XPgrpwise\ Supp_9_Exhibits_B_ &_C_split_v10 PACE WSDOT 84 TOTAL WSDOT 38 :22 22 14. 14 2,044 133 134 TRANSPORTATION COMMITTEE Meeting Minutes March 15, 2010 5:00 p.m. Conference Room 1 CALL TO ORDER: The meeting was called to order at 5:01 p.m. I. PRESENTATIONS No presentations. City of Tukwila Transportation Committee PRESENT Councilmembers: Verna Seal, Chair; Joan Hernandez and De'Sean Quinn Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Mike Ronda, Peter Lau, Gail Labanara, and Steve Lancaster 11. BUSINESS AGENDA A. Tukwila International Blvd Phases II III Construction Mamt Supplement #8 with KPG Staff is seeking full Council approval for Supplement No. 8 with KPG, Inc. in the amount $181,903.40. This supplement is for additional construction management by KPG and their sub consultants as the other construction management firm, Harris and Associates, are not fulfilling their contract. This grant- funded supplement will be covered by the anticipated savings from the under utilized Harris contract. The supplement also covers adding a pedestrian access stairwell at the 37 Ave S road closure. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. B. Resolution Setting Street Vacation Public Hearing Date for 14403 51 Ave S Staff is seeking full Council approval to set a Public Hearing date for the proposed street vacation at 14403 51" Ave S for April 26, 2010. A previous street vacation request was submitted in 2002, but a change in ownership caused it to be dropped. The process for street vacations includes a resolution to set a Public Hearing date, advertise and hold the Public Hearing, and then return to Committee and Council with the ordinance that defines the street vacation's conditions and compensation ($27,000.00). UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. C. Transportation Element Update to the Comprehensive Plan. Supplement No.1 with Fehr Peers Staff is seeking full Council approval for Supplement No. 1 for Optional Task A with Fehr Peers. The original contract was approved February 1, 2010 (see 1/19/10 TC minutes) and the EETP grant was approved March 15, 2010 (see 3/1/10 TC minutes). The Fehr Peers supplement for $55,000.00 and $14,500.00 of City staff time will be covered by the $69,500.00 EETP grant. The supplement will add pedestrian and bike level of service analysis for arterial streets in the City as well as establish a multi -modal transportation system. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. 11 Tukwila Urban Center Access (Klickitatl. Supplement No. 9 with HNTB Staff is seeking full Council approval for Supplement No. 9 with HNTB in the amount of $553,816.00. This supplement will cover the design changes required by WSDOT. Staff is currently pursuing Letters of Understanding with WSDOT for the final design, which may reduce the scope of work in this supplement. The project schedule now shows a two -year construction timeline. There is $400,000 budgeted for additional design, so remaining funds would come from the LID. Due to time constraints and WSDOT negotiations, staff requests discussion and approval at the 3/22 C.O.W. and the Special meeting that same night. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW AND SPECIAL THAT SAME NIGHT FOR DISCUSSION AND APPROVAL. 135 136 1 CAS NUMBER: 10-033 SPONSOR'S SUMMARY ICS O33 Meeting Date Prepared by 03/22/10 LV REVIEWED BY COW Mtg. CA &P Cmte Utilities Cmte Arts Comm. DA 1'E: RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMITTEE Fund Source: Comments: EXPENDITURE REQUIRED MTG. DATE 3/22/10 COUNCIL AGENDA SYNOPSIS Initials Ma or'r review 1 Council review ITEM 1 ORIGINAL AGENDA DATE: MARCH 22, 2010 ITEMNO. AGENDA ITEM TITLE Provide a summarization of the financial commitments contained in the Tukwila South Development Agreement CATEGORY Discussion Motion n Resolution Ordinance Bid Award Public Hearing Other Mtg Date 3/22/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PV At a recent Council meeting, discussion arose concerning the financial commitments by the City and by Segale Properties that are contained in the Tukwila South Development Agreement. Staff agreed to provide a briefing and a summary sheet identifying the commitments. This is for Council information only; no action is requested of Council. F &S Cmte n Parks Comm. COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED MTG. DATE RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 3/17/10 Tukwila South Development Agreement Financial Commitments Transportation Cmte n Planning Comm. 138 TO: Committee of the Whole Mayor Haggerton FROM: Lisa Verner, Mayor's Office DATE: March 17, 2010 SUBJECT: Tukwila South Development Agreement Financial Commitments ISSUE Provide a summarization of the financial commitments contained in the Tukwila South Development Agreement. BACKGROUND At a recent Council meeting, discussion arose concerning the financial commitments by the City and by Segale Properties that are contained in the Tukwila South Development Agreement. Staff agreed to provide a briefing and a summary sheet identifying the commitments. DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor Section 4.8 of the Development Agreement contains the financial commitments made by both parties. These address the following areas: Operations and maintenance services, including Accounting Protocols for tracking revenue and expenses GO bonds for Southcenter Parkway Extension Highline Water District work for Southcenter Parkway Extension PSE work for Southcenter Parkway Extension Bicycle /Pedestrian bridge over the Green River Attached to this Informational Memorandum is a one page summary of the commitments and the financial guarantees. In general, the City has mitigated the downside risk of the financial obligations it has taken on by targeting revenue, by requiring reimbursements, and by securing letters of credit or other collateral from which it can pay its obligations if new revenue from Tukwila South Project is not generated. In other words, through the Development Agreement provisions, the City has or will have the funds to pay the expenses and debt service it will incur for Tukwila South. RECOMMENDATION Information only. No recommendation included. ATTACHMENT Tukwila South Development Agreement Financial Commitments (one page summary) 139 O &M Services Section 4.8.1 City tracks revenue annually City tracks expenses for Fire, Parks, Police, and Public Works annually SP pays annually if revenue is less than expenses for the 4 departments If revenue exceeds expenses, additional funds go into General Fund Guarantees $6M LC "O &M LC from SP (draws down as used; never less than $2M) $6M Deed of Trust "O &M Collateral In escrow now' Accounting Protocols due 4/30/10 Tukwila South Development Agreement Financial Commitments (15 years from effective date of annexation; through December 31, 2024) GO Bonds for SCP $8.25M Section 4.8.2 City pays debt service on first $6M in bonds; increased property tax revenue from annexed area is expected to cover this City pays debt service on last $2.25M to the extent increased property tax revenue from annexed area covers more than debt service on $6M If annexed area property tax revenue does not cover debt service for $2.25M, SP pays difference Guarantees $185,000 LC from SP "SCPW LC In escrow by 4/16/10 Highline Water District Work for SCP Sections 4.3.4.1 4.8.4.3 City includes HWD water line in SCP bid award on 4/19/10 Highline pays for moving existing water line under franchise SP requests oversizing, pays Highline; Highline reimburses City Guarantees ILA with HWD for Highline franchise costs LC' from SP "Highline Work LC (110% of SP share of Highline Work) In escrow by 4/16/10 Bank of New York Mellon is City's escrow agent 2 Amount determined annually beginning second year based on 2X annual debt service; estimated to be $370,000 3 Amount to be determined as part of SCP bid 4 Amount to be determined in conjunction with PSE contract PSE Work for SCP (Schedule 74) Sections 4.3.4.2 4.8.4.3 City requires undergrounding of existing overhead electric lines per franchise City approves Schedule 74 contract(60 /40 split of costs) with PSE on 4/19/10 SP reimburses City for Schedule 74 work Guarantees Construction contract with PSE (to be completed) $LC SP "PSE Work LC (110% of Schedule 74 work) In escrow by 4/16/10 Bicycle/Pedestrian Bridge Sections 4.5.2 4.8.4.3 SP contributes to building funds for pedestrian/ bicycle bridge over Green River to connect Tukwila South trail to Briscoe Park Guarantees $500,000 is due to City by SP on 7/10/2014 If City needs match for grant application, SP will provide $500,000 LC "Bridge Work LC In escrow 30 days after City notifies SP CAS NUMBER: 10-034 Fund Source: Comments: EXPENDITURE REQUIRED COUNCIL AGENDA SYNOPSIS Initials ITEM NO. 1 MeetinzDate Prepared by Mayor review Auncl7 review 1 03/22/10 KAM J WIR I ITEM INFORMATION I ORIGINAL AGENDA DA 1E MARCH 22, 2010 AGENDA ITEM TITLE Possible 'Agenda Items for Joint Meeting with the City of SeaTac. CATEGORY E Discussion F Motion 0 Resolution 0 Ordinance 0 Bid Award 0 Public Hearing 0 Other Mtg Date 03/22/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR [Z] Council 0 Mayor Adm Svcs 0 DCD n Finance n Fire 0 Legal 0 P&R 0 Police 0 Pik SPONSOR'S Per request of the City Council, staff is preparing to hold a joint meeting with a small SUMMARY group of Councilmembers from Tukwila and SeaTac. Prior to the meeting, the Council President has requested the Council have an opportunity to offer and discuss items that could possibly be placed on the agenda for this small group joint meeting. REVIEWED BY n COW Mtg. 11 CA&P Cmte Utilities Cmte 111 Arts Comm. DA".1. RECOMMENDATIONS: SPONSOR/ADMIN. Council President COMMITTEE AMOUNT BUDGETED F&S Cmte El Parks Comm. COST IMPACT /FUND SOURCE MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS No attachments. Discussion only. 0 Transportation Cmte 0 Planning Comm. APPROPRIATION REQUIRED 4 i 142 COUNCIL AGENDA SYNOPSIS Meetin,4 Date 1 Prepared by 03/22/10 1 )P Initials Mayor;g review 1 'ouncil review ITEM INFORMATION CAS NUMBER: 10-035 ORIGINAL AGENDA DATE: MARCH 22, 2010 AGENDA ITEM TITLE An ordinance adopting a six month moratorium on the establishment of social card game gambling activities. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing 1 1 Other Mtg Date 03/22/10 Mtg Date Mtg Date Mtg Date 03/22/10 Mtg Date Mtg Date SPONSOR Council 1 1 Mayor (l Adm Svcs DCD Finance Fire Legal PY'R Police PW The City Council is being asked to consider and approve an ordinance establishing a moratorium to prevent the vesting of any new applications for social card game gambling to maintain the status quo while legal, political, and practical alternatives are studied and considered. A public hearing must be held by September 22, 2010 for the purpose of adopting findings and conclusions in support of the ordinance. SPONSOR'S SUMMARY RI MEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DA'I'S: N/A Emergency RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of ordinance COMMIFELE Emergency Declaration COST :IMPACT FUND SOURCE Fund Source: Comments: EXPENDITURE REQUIRED MTG. DATE 3/22/10 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 3/22/10 1 Informational memo dated 3/17/10 Ordinance in draft form ITEM No. PE q- Mtg Date Transportation Cmte Planning Comm. AMOUNT BUDGETED APPROPRIATION REQUIRED 1143 144 4ss City of Tukwila TO: DISCUSSION INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Jack Pace, DCD Director DATE: March 17, 2010 SUBJECT: Moratorium on Social Card Game Gambling Uses ISSUE Should a moratorium on applications for card room "mini- casinos" be enacted? BACKGROUND State gambling regulations at RCW 9.46.295 only permit local jurisdictions to completely prohibit card room uses, including those previously established, or allow them anywhere restaurants with lounges are permitted. Zoning regulations that impose additional restraints or exclude previously vested businesses are not within the City's authority. The only exception to this is for businesses established prior to annexation into a city. RCW 9.46.295 Licenses, scope of authority Exception. Jim Haggerton, Mayor (1) Any license to engage in any of the gambling activities authorized by this chapter as now exists or as hereafter amended, and issued under the authority thereof shall be legal authority to engage in the gambling activities for which issued throughout the incorporated and unincorporated area of any county, except that a city located therein with respect to that city, or a county with respect to all areas within that county except for such cities, may absolutely prohibit, but may not change the scope of license, any or all of the gambling activities for which the license was issued. (2) A city or town with a prohibition on house banked social card game licenses that annexes an area that is within a city, town, or county that permits house banked social card games may allow a house banked social card game business that was licensed by the commission as of July 26, 2009, to continue operating if the city or town is authorized to impose a tax under RCW 82.14.415 and can demonstrate that the continuation of the house banked social card game business will reduce the credit against the state sales and use tax as provided in RCW 82.14.415(7). A city or town that allows a house banked social card game business in an annexed area to continue operating is not required to allow additional house banked social card game businesses. There are currently four card rooms operating in Tukwila, all located along Interurban Avenue. Enacting a ban on this type of use would require establishment of an amortization period after which they would be required to cease operations. Under our current Zoning regulations restaurants with cocktail lounges are permitted uses in all commercial and industrial zones, except for Residential Commercial Center where they are a conditional use. This means that if Tukwila were to allow new card rooms they have the potential to locate throughout our commercial and industrial areas. 145 INFORMATIONAL MEMO Page 2 RECOMMENDATION Approve the ordinance establishing a six -month moratorium upon acceptance of applications and development permits for food or drink establishments conducting social card gaming activities. ATTACHMENTS Ordinance in draft form. 1 4 6 W:12010 InfoMemoslmini- casino moratorium.doc AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A MORATORIUM ON THE FILING OF APPLICATIONS FOR DEVELOPMENT PERMITS FOR FOOD OR DRINK ESTABLISHMENTS CONDUCTING SOCIAL CARD GAME GAMBLING ACTIVITIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council and the community of Tukwila carefully considered the extent of permissible gambling activities in the City for a period of several years and, after numerous public hearings and public meetings, the City Council adopted an ordinance carefully tailored to address the needs of the community, which among other things, permitted existing licensed social card games to remain as legal non conforming land uses, but prohibited the introduction of further licensed social card games in the City; and WHEREAS, at least one business has expressed an interest in acquiring a State license to operate an additional social card game in Tukwila and this business venture has called into question the ability of the City to allow legal non conforming social card games to remain; and WHEREAS, the City Council accordingly desires to establish a moratorium to prevent the vesting of any new applications and to maintain the status quo while legal, political and practical alternatives are studied and considered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Established. A moratorium is hereby established, effective immediately upon adoption of this ordinance, upon the filing of applications for building permits, development permits, or any other permits or approvals required for food or drink establishments seeking to conduct new social card game gambling activities, or to expand existing social card game gambling activities, whether as a principal use or as an accessory use. "Development permits" shall include, but are not limited to, subdivision approvals, short subdivision approvals, approvals for any and all rezones, site plan review approvals, and building permits for development activity resulting in the alteration of existing premises or the creation of new premises related to social card game gambling activities. No such applications shall be accepted during the effective period of this moratorium. Section 2. Effective Period of Moratorium. The moratorium established by this ordinance shall become effective as set forth in Section 6 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after a subsequent public hearing and entry of findings of fact. Section 3. Work Program. The Mayor is authorized to allocate the necessary resources to prepare a work program to address issues related to social card game and other gambling activities, and to develop appropriate proposals for amendment of the Tukwila Comprehensive Plan, Zoning Code, and other development regulations as may be necessary. W: \Word Processing \Ordinances \Mini Casinos Moratorium.doc NG:ksn 03/18/2010 Page 1 of 2 147 148 Section 4. Public Hearing to be Held. A public hearing on the issue of the moratorium shall be held no later than May 17, 2010, which is no more than sixty days after the date of adoption herein. Section 5. 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 6. Effective Date. This ordinance, as a public emergency ordinance necessary for the protection of the public health, public safety, public property, or public peace, shall take effect and be in full force immediately upon its adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in the "WHEREAS" clauses above, all of which are adopted by reference as findings of fact as if fully set forth herein. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing Ordinances \Mini Casinos Moratorium.doc NG:ksn 03/18/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 Tentative Agenda Schedule MONTH MEETING 1 MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. March 1 April 5 Aot ointment: Human Services Advisory Board Public Hearin¢: Ordinance relating to a six -month moratorium on the acceptance of applications for and issuance of land use, building and development permits, business licenses and /or approvals for any change in use for certain non industrial uses within the manufacturing industrial center zone Unfinished Business: Interlocal agreement for sharing of fiber optic installation projects Resolution fixing the time for a public hearing for vacation of right -of -way dedicated for street purposes (approxi- mately 60 feet by 85 feet along 14403 51st Ave. S. and within a portion of Old Macadam Road) Contract supplement with KPG for Tukwila Int'1. Blvd., Phases 2 and 3 Contract supplement with Fehr Peers for the Transportation Element to the Comprehensive Plan 8 15 22 12 19 26 Svecial Presentation: Annual State of the City address (Mayor Haggerton) Svecial Presentation: Proposed new use for the Tukwila Library for display of community history See agenda packet cover sheet for this week's agenda (March 22, 2010 Committee of the Whole Meeting, to be immediately followed by a Special Meeting) 149 150 City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) C.O.W. TO BE IMMEDIATELY FOLLOWED BY A SPECIAL MEETING Upcoming Meetings Events MARCH APRIL 2010 22nd (Monday) 23rd (Tuesday) 24th (Wednesday) 25th (Thursday) Community Utilities Cmte, COPCAB, Planning Affairs 5:00 PM 6:30 PM Commission, Parks Cmte, (CR 41) (CR 45) 7:00 PM 5:00 PM (Council (CR 43) Chambers) Court CENSUS DAY Visit www.ci. tukwila.wa.us and click on the link for more information on the 2010 Census. Be Counted in 2010 oohed States Census 2010 26th (Friday) 27th (Saturday) Tukwila Int'I. Blvd. Action Cmte's Trash Pickup Day 9:00 10:00 AM For location contact Rick at rick@forschler.org "Strike Out Hunger" event at ACME Bowl to benefit Tukwila Food Pantry. 9 AM to 12 NOON (100 Andover Park W) Call Tukwila Rotary at 206 674 -4673 or e-mail StrikeOutHunger@ TukwilaRotary.org. 29th (Monday) 30th (Tuesday) 31st (Wednesday) 1st (Thursday) 2nd (Friday) 3rd (Saturday) Equity Diversity Commission, 5:15 PM (CR 43) Easter Egg Scramble and Hunt Breakfast: 8:30 10:00 AM Egg Hunt: 10:00 AM sharp! (Tukwila Community Center) Breakfast is $5.00; egg hunt only is FREE! Sponsored by the Tukwila Rotary KID'S CLOSET Annual Baby and Kids Rummage Sale 8:00 AM to 12:00 NOON (Tukwila Community Center) City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. Agenda items for 3/22/10 meeting: (A) Rental housing ordinance. (B) Naming ofpark (Codiga). (C) Update on Southcenter plan. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. RBI #5. Phi Huynh (206 -433- 7175). Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room 45. Contact Phi Huynh a1206 -433 -7175. Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Kimberly Matej a1206 -433 -1834. >Planning Commission: 4th Thurs., Council Chambers at City Hall. Contact Wynetta Bivens at206- 431 -3670. >Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. Agenda items for 3/23/10 meeting: (A) Ordinance for franchise renewal (AboveNet Communications). (B) Ordinance for franchise agreement (PAETEC Holding Corporation). (C) 2010 Annual Small Drainage Program design consultant selection and agreement. (D) NPDES Program -2010 Stormwater Management Program and 2009 Annual Report. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).