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HomeMy WebLinkAboutReg 2014-02-03 COMPLETE AGENDA PACKETL Op .y Tukwila City Council Agenda • REGULAR MEETING ❖ 2 Jim Haggerton, Mayor Councilmembers + Joe Duffie + Dennis Robertson David Cline, CityAdministrator + Allan Ekberg + Verna Seal De'Sean Quinn, Council President + Kathy Hougardy + Kate Kruller Monday, February EXECUTIVE SESSION — 6:00 PM - 7:00 PM Collective Bargaining — Pursuant to RCW 42.30.140(4)(a) (60 minutes) 4 LOCATION: Hazelnut Conference Room (CR #3) 3, 2014; 7:00 PM • Ord #2429 • Res #1815 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. CONSENT AGENDA a. Approval of Minutes: 1/21/14 (RegularMtg.); 1/27/14 (SpecialMtg.) b. Approval of Vouchers. c. Accept as complete the 2013 Annual Sewer Repair Project, Installation of Side Sewers at 6532 and 6542 Southcenter Blvd. (contract #13 -134), with King Construction Company, Inc.; authorize release of retainage subject to the standard claim and lien release procedures (final cost of project, including retainage: $77,881.85). (Reviewed and forwarded to Consent by Utilities Committee on 1/21/14.) d. Authorize the Mayor to sign Supplement No. 2 to contract #13 -076 with RH2 Engineers for the Central Business District (CBD) Sanitary Sewer Rehabilitation project in the amount of $59,070.00. (Reviewed and forwarded to Consent by Utilities Committee on 1/21/14.) e. Authorize the Mayor to sign Supplement No. 2 to contract #13 -113 with KPG, Inc., for the 2013 Annual Small Drainage Program in the amount of $34,987.16. (Reviewed and forwarded to Consent by Utilities Committee on 1/21/14.) f. Authorize the acceptance of a grant from the Washington State Transportation Improvement Board for the South 144th Street Phase II Project in the amount of $1,000,000.00. (Reviewed and forwarded to Consent by Transportation Committee on 1/27/14.) g. Award a bid to Iron Creek Construction for the 2013 -2014 Americans with Disability Act (ADA) improvements in the amount of $84,450.00 and authorize the Mayor to sign the contract. (Reviewed and forwarded to Consent by Transportation Committee on 1/27/14.) (cone) Pg.1 Pg.9 Pg.23 Pg.37 Pg.57 (continued...) REGULAR MEETING Monday, February 3, 2014 Page 2 3. CONSENT AGENDA (cone) h. Award a bid to Miles Resources, LLC, for the Overlay and Repair, East Marginal Way South (South 81st Place to South Norfolk Street) Project in the amount of $1,738,991.50 and authorize the Mayor to sign the contract. (Reviewed and forwarded to Consent by Transportation Committee on 1/27/14.) i. Authorize the purchase of 10 King pedestrian lighting poles and fixtures from Tacoma Electric in the amount of $44,128.50. (Reviewed and forwarded to Consent by Transportation Committee on 1/27/14.) Pg.73 Pg.87 4. UNFINISHED BUSINESS a. A resolution naming the pea patch at Riverton Park as "Gully Gardens." b. An ordinance vacating certain property located within the City, dedicated for street purposes, generally described as portions of 41st Avenue South; amending the official street map of the City. Pg.97 Pg.101 5. NEW BUSINESS Community Schools Collaboration funding. Pg.149 6. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.153 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. 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 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 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 on 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 and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA S OPSIS - Meth Dale 02/03/14 Prepared by Mayor's review BG .-- Council review ITEM INFORMATION ITEM No. 3.C. CAS NUMBER: STAFF SPONSOR. BOB GIBERSON ORIGINAL AG NNDA 02/03/14 AG UNDA ITEM "•11TLE 2013 Annual Sewer Repair Project - Installation of Side Sewers Project Completion and Acceptance CATIal3C El Discussion Mte Date Motion MtA Date 02/03/14 ['Resolution :Mfg Date LI Ordinance ilk Date 0 Bid Award 1/,g Date D Pub& Hewing illtgDate Lil Other AltgDate SI>ONSoR Council "'Mayor fl HR LI DCD Finance OF ire 0 IT 0 P&R Police PW SP( )NS( )It'S SUMMARY The contract with King Construction Company, Inc. of Pacific, WA is complete for the 2013 Annual Sewer Repair Project - Installation of Side Sewers at 6532 and 6542 Southcenter Boulevard. Construction began August 6, 2013 and was completed on September 3, 2013. One significant change order was approved by Council on December 2, 2013 for $26,324.98. Council is being asked to accept and finalize the contract with King Construction Company in the amount of $77,881.85. REVIFWEI) BY ['COW Mtg. LI CA&P Cmte Utihties Cmte El Arts Comm. D.ATE: 01/21/14 LI F&S Cmte LI Transportation Cmte 0 Parks Comm. 0 Planning Comm. COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPoNsoR/AumiN, Public Works Commr1T1+ Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT/FUND SOURCE EXPUNDITURE RFQUIRED $77,881.85 AMOUNT BUDGETED $80,286.58 APPROPRIATION REQUIRED $0.00 Fund Source: 402 SEWER FUND (PG 72, 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/03/14 MTG. DATE ATTACHMENTS 02/03/14 Informational Memorandum dated 01/17/14 State of WA Depart of Revenue Notice of Completion 13-134 Minutes from the Utilities Committee meeting of 01/21/14 1 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Mike Cusick, P.E., Senior Program Manager DATE: January 17, 2014 SUBJECT: 2013 Annual Sewer Repair Project Installation of Side Sewers to 6532 and 6542 Southcenter Blvd City Project No. 91340201, Contract No. 13-134 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of retainage. BACKGROUND On August 6, 2013, the City entered into Contract No. 13-134 with King Construction Company, Inc. of Pacific, WA for the installation of side sewers to 6532 and 6542 Southcenter Blvd. Work began on August 19, 2013 and was completed on September 3, 2013. One change order was issued that was approved by Council on December 2, 2013. Contract Award Amount (without sales tax) Change Order No. 1 (boulders, etc.) Sales Tax at 9.5% Total Amount Paid (Including retainage) $44,800.00 26,324.98 6,756.87 $77.881.85 FINANCIAL IMPACT Retainage in the amount of $3,556.25 will be paid to King Construction Co., Inc. from the 2013 Annual Sewer Repair Program. RECOMMENDATION Council is being asked to formally accept the project and authorize the release of retainage, subject to standard claim and lien release procedures for the 2013 Annual Sewer Program, Installation of Side Sewers to 6532 and 6542 Southcenter Blvd by King Construction Company, Inc. in the final amount of $77,881.85 and consider this item on the Consent Agenda at the February 3, 2014 Regular Meeting. Attachment: Notice of Completion W:PW EnpROJECTSW SW Projecte2013 Annual Sewer Repair (97340201)1\ Desimone Side Sewer Installation \ Intollilemo Completion King Construction RRT Revisions.doc 3 4 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 578071156 Name & Address of Piiblie Agency City of Tukwila 6200 Southcenter Blvd., Suite 100 Tukwila, WA 98188 UBI Number: Date: December 19, 2013 il'ief)-at'tifteilt Use Otily Assigned to: Date Assigned: Notice is hereby given relative to the completion of contract or project described below Project Name 2013 Annual Sewer Repair (Project No, 91340201) Description of Work Done/Include Jobsite Address(es) Installation of side sewers at 6532 and 6542 Southcenter Blvd, Federally funded road transportation project? r . 1 Yes No Contract Number Job Order Contracting -134 [I Yes EJ No Contractor's Name King Construction Co., Inc. Telephone Number (253)832-1156 Affidavit JD' 582493 Contractor Address 982 Thornton Pl, SW, Pacific, WA 98047 Retainage is Bonded, List Surety's Name (or attach a copy) Surety Agent's Address Travelers Casualty, PO Box 3018, Bothell, WA 98041 Date Contract Awarded Date Work Commenced 8/6/13 8/19/13 Date Work Completed 9/3/13 Date Work Accepted Contract Amount Additions (+) Reductions ( - ) Sub-Total Amount of Sales Tax Paid at 9.5 (I) various rates apply, please send a breakdown) L4 7\j TOTAL Please List all Subcontract $ 44,800.00 26,324.98 0,00 71,124.98 Liquidated Damages $ Amount Disbursed $ Amount Retained $ 6,756.87 77,881.85 NOTE: These two totals must be equal rs and Sub-tiers Below: 74,325.60 3,556.25 TOTAL $ 77,881.85 Subcontractor's Name: 1111111111111111111111 111111111111=1111111111111111111111111111111 11111111111•11111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111=11 UBI Number: (Required) Affidavit ID* 11111111111111111111111 F215-038-000 07..2012 REV 31 0020e (07/06(12) Continued on page 2 5 Please List all Subcontractors and Sub-tiers Below: Subcontractors Name: UBI Number: (Required) Affidavit ID* 1111111111111111111111111.111111111111111 1111111111111111.111 1.1111111111111111111111111111111111111 11111111111.11111111111111111.111111111111111111111111111111111111111.11111111 11111.111111111111111.1111111111.1.1111111111111111111111111111111111111111 1111.11111111111111111111111111111111111111111111.1111.1 111111111111011111.11111111.1.111111111111111111111.11111111.111111.111 1101111111111111.111111.1111111.1111.11111111111111 111.11111111111111111111111111111111. 11.11111111.1111111 1111111111111111111111111111111111111111.1111111.1111111111111.11111111111111 11111111111111111.11111.11111111111111 1111111111111111.1111111111111.1111111111111.1111 1.1111111111.1111111111111.111.111.111011111111.1111111.110.1.11111111 111.1111111111111111111111111.11111111111 1111111111111111111111 11111.11111.11111111111111111111111111 11.111111111111111111.111111.1111111 11111111111.1111111111111.111111111111.11111.111.11 1.111111.1111111111111111111111111111111111111.111110MOMMINIMMIM 111111111.11111111111.1111111.1111111111111111.11 1111111111111111111111111111111111111111111111 11111111111111=111111 Comments: Contact Name: Email Address: Phone Number: Note: The Disbursing Officer must submit subrnit this completed notice immediately after acceptance of the work done under this contract, NO PAYMENT SHALL 13E MADE FROM RETAINED FUNDS until receipt of all release certificates. Affidavit ID* - Provide known ones at this time. No LNI release will be granted until all affidavits are completed., Submitting Form: Please submit the completed forrn to all three agencies below. For a faster response, please submit by e-mail. roiiji Washington State CDepartment of Revenue Public Works Section PO Box 47474 Olympia WA 98504-7474 (360) 725-7588 FAX (360) 664-4159 PWC@drwa.gov Washington State Department of Labor and Industries Contract Release PO Box 44274 Olympia, WA 98504-4272 (360) 902-5772 FAX (360) 902-6897 ContractRelease@lni.wa,gov ..str., Washington State oumv.-•■■■—= Employment Security Department Registration, Inquiry, Standards & Coordination Unit PO Box 9046 Olympia WA 98507-9046 (360) 902-9450 Fax (360) 902-9287 puUicworks■gesd.wa.gov For tax, assistance or to request this document in an alternate format, visit http://dor.wasov or call 1-800-647-7706. Teletype (TTY) users may call (360) 705-6718. F215-038-000 07-2012 REV 31 0020e (07/06/(2) 6 UTILITIES COMMITTEE Meeting Minutes January 21, 2014 — 5:15 p.m. — Conference Room 1 City of Tukwila Utilities Committee PRESENT Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Allan Ekberg Staff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Mike Cusick, Pat Brodin, Peter Lau, Kimberly Matej and Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2013 Annual Sewer Repair Proiect Completion and Acceptance Staff is seeking Council approval of project completion and release of retainage to King Construction Company, Inc. in the amount of $77,881.85 for the installation of side sewers to 6532 and 6542 Southcenter Boulevard. Work began on August 19, 2013 and was completed on September 3, 2013. Retainage in the amount of $3,556.25 will be paid from the 2013 Annual Sewer Repair Program. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. B. CBD Sanitary Sewer Rehabilitation Proiect Supplemental Agreement No. 2 Staff is seeking Council approval of Supplemental Agreement No. 2 with RH2 Engineering in the amount of $59,070.00 for the Commercial Business District (CBD) Sanitary Sewer Rehabilitation Project. On March 11, 2013 a major break was discovered in the 12 -inch sewer pipe between Andover Park East and Andover Park West. A temporary pumping system is in place, and the design and construction of this repair are included in the contract with RH2 for the CBD Sanitary Sewer Rehabilitation Project. This supplement is necessary to re- design the project using a revised scope of work that does not require permitting or payments to Union Pacific Railroad, an aspect of the original design that was causing costs and delays eventually deemed unacceptable to the City. This supplement will complete the bid package. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. C. 2013 Annual Small Drainage Program Supplemental Agreement No. 2 Staff is seeking Council approval of Supplemental Agreement No. 2 to Contract No. 13 -113 with KPG, Inc. in the amount of $34,987.16. Supplemental Agreement No. 1 was executed for KPG, Inc. to provide construction management support in addition to design services for the 2013 Annual Small Drainage Program. The original contract completion date was December 26, 2013, but weather conditions in December did not allow for final paving to occur. This supplemental agreement is needed to cover the additional support, inspections, and material testing to complete the project construction and final paving in appropriate weather conditions. An additional delay was caused by the City Inspector providing project management services on another project that became more time demanding than expected due to changed site conditions. Funding for this supplement will come from the 2014 Construction Management budget. Committee members inquired about the overall project budget with staff confirming that the construction contract is going well and the project will be completed within budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. 7 8 COUNCIL AGENDA - feeting Date Prepared by 1la) arr review 02/03/14 BG Council review ITEM INFORMATION OPSIS ITEM No. 3.D. S FAIT SPONSOR: BOB GIBERSON 1N\) , GENII ).A DATE, 02/03/14 Commercial Business District (CBD) Sanitary Sewer Rehabilitation Project Approve Supplement No. 2 to Contract No. 13-076 with RH2 Engineering CATEGORY 0 Discussion Mtg Date Motion Alts Date 02/03/14 Resolution AIi . ate Ell Ordinance 11 Bid Award ,)fig Date El Public f eareug ate 0 Other Mt) Date SPoNsoR 111 Coanal Mayor H.R L DCD ['Finance II rim fl IT 0 P&R 0 Police PW SPONSOR'S SUMMARY RH2 Engineering was selected to design the CBD Sanitary Sewer Rehabilitation Project with Contract No. 13-076. With the Andover Park W sewer break in March 2013, RH2 added Supplement No. 1 for additional design of that repair. Upon lengthy negotiations with Union Pacific Railroad that was deemed unacceptable, an additional supplement is needed for the redesign without UPRR. Council is being asked to approve Supplemental Agreement No. 2 to Contract #13-076 with RH2 Engineering in the amount of $59,070.00. REV WWII) :KY El COW Mtg. lJtilities Crnte DATE: 01/21/14 111 CA&1' Cmte 0 Arts Comm. D F&S Cmte 0 Transportation Cmte El Parks Comm. Planning Comm. COMMITTEE CHAIR.: KATE KRULLER RECOMMENDATIONS: SPoNs()R/ADmiNL Public Works Department )smil rITIF Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE E:XPINDITURE REQIIRED $59,070.00 AMU INT UDGEFED $180,000.00 APPROPRIATION REQUIRED $0.00 Fund Source: 402 SEWER FUND (PAGE 73, 2014 CIP) Comments': MTG. DATE RECORD OF COUNCIL ACTION 02/03/14 MTG. DATE ATTACHMENTS 02/03/14 Informational Memorandum dated 01/17/14 Supplemental Agreement No. 2 to Contract No. 13-076 2014 CIP, page 73 Minutes from the Utilities Committee meeting of 01/21/14 9 10 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Mike Cusick, Senior Program Manager DATE: January 17, 2014 SUBJECT: CBD Sanitary Sewer Rehabilitation Project Project No. 91140203, Contract No. 13-076 Supplemental Agreement No. 2 ISSUE Approve Supplemental Agreement No. 2 with RH2 Engineering (RH2) for the Commercial Business District (CBD) Sanitary Sewer Rehabilitation Project in the amount of $59,070.00. BACKGROUND On March 11, 2013 a major break was discovered in the 12-inch sewer pipe between Andover Park East and Andover Park West. A temporary pumping system has been installed to bypass the sewer line failure and has been in place while design of a repair is underway. A similar sewer main failure in 2011 prompted the City to apply for a Public Works Trust Fund Loan for the relining of a significant portion of the aging sewer pipes in the CBD. The design and construction of this sewer repair has been included in the contract with RH2 for the CBD Sanitary Sewer Rehabilitation Project. DISCUSSION The initial design approach for the sewer repair included replacement of the sewer main to the east of the break where the sewer main crosses under a Union Pacific Railroad (UPRR) spur line. While UPRR initially was supportive of the project and expressed willingness to work with the City, several months of design effort (with the lack of response from UPRR) finally resulted in project costs and delays that are unacceptable to the City. The revised design approach includes repair of the sewer break and relining of the existing sewer pipe under UPRR that will not require any permits from or payments to UPRR. A supplement with RH2 is necessary to re-design the project using the revised scope of work for repair of the broken sewer main. Supplement No. 2 will complete the bid package for the sewer repair and reline as much sewer main in the CBD as possible with the remaining budget. FINANCIAL IMPACT Supplement No. 2 with RH2 is proposed in the amount of $59,070.00. Contract RH2 Original Contract $79,977.00 Supplement No. 1 30,064.00 Supplement No. 2 59 070.00 Total $169.111.00 2013 & 2014 Budget $180,000.00 RECOMMENDATION Council is being asked to approve Supplemental Agreement No. 2 with RH2 Engineering in the amount of $59,070 for the CBD Sanitary Sewer Rehabilitation Project and consider this item on the Consent Agenda of the February 3, 2014 Regular Meeting. Attachments: Supplemental Agreement No. 2 CIP page 73, 2014 CIP WAPW Eng \ PROJECTSAA- SW Projects \CBD Sewer Rehabilitation (91140203) \Info Memo Supplemental Agreement 2 RRT Rev.doc 11 12 SUPPLEMENTAL AGREEMENT NUMBER 2 to CONSULTANT AGREEMENT NUMBER 13 -076 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein- after referred to as "the City ", and RH2 Engineering hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, April 5, 2013, and identified as Agreement No. 13 -076. 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, for Supplemental Agreement #2 to the CBD Sanitary Sewer Rehabilitation Project for the City of Tukwila per the attached exhibit: Task 1 — Project Planning and Capital Improvement Scheduling Objective: Prepare project schedule including estimated dates for design and permitting completion, bidding phase, council approvals and construction phase. Schedule will show the estimated UPRR track shutdown and approximate dates and duration of construction. Approach: 1.1 Identify project activities involving design, permitting, municipal approvals and construction, and estimate durations for these activities. Create critical -path schedule in Microsoft Project linking project activities to determine a working calendar of events. Contact contractors, geotechnical engineers, and City staff to assist in determining activity durations. Present draft of schedule to City and incorporate edits. 1.2 For capital improvement planning, estimate costs of various groups of improvements, in accordance with priorities determined by the City, and arrange these items into a sequence of projects that may potentially be performed within the City's established budgets. The amount of work that can be accomplished under the 2013 CBD project varies as the amount sewer repair near the Nordstrom warehouse varies. RH2 can assist the City determine the amount of work that may be accomplished in late 2013 and early 2014. Prepare plan-view graphic showing the City's desired work and priority level. 1.3 Attend two (2) meetings to discuss capital planning and to present progress. Assumptions: RH2 can only provide estimates of cost that are dependent upon a number of factors and conditions beyond the control of RH2. As such, RH2 cannot warrant or guarantee that any of the estimated work will be accomplished within the City's budget as it stands at any given time. RH2 Deliverables: • One (1) hardcopy and PDF version of the project schedule. If requested by the City, the schedule can also be provided in MPP format (readable by Microsoft Project). • Cost estimates. • Graphic of City priority work areas. • Attendance at two (2) meetings. W: \PW Eng \PROJECTS\A- SW Projects \CBD Sewer Rehabilitation (91140203) \RH2 Supplemental Agreement No 2 Revised 1- 16- 2014.docx ' 13 Participation or Information Needed from City: • Attendance at meetings, feedback via phone and email regarding project budget, and a determination of the priority of work items to be accomplished. Task 2 — Additional UPRR Permitting Effort Objective: Assist City in the City's efforts to obtain UPRR track crossing permit. Approach: 2.1 Provide additional information to UPRR via phone and email to respond to questions and concerns. This includes investigating tunneling options with geotechnical engineer and tunneling contractors and preparing cost estimate for tunneling. Work includes phone calls and emails to various UPRR representatives to further the permitting process, as well as modifications to plans and specifications to respond to UPRR comments. Assumptions: The track crossing permit is granted entirely at UPRR's discretion. RH2 cannot guarantee that such a permit will be issued by UPRR or that, if granted, a permit will be received within a reasonable period of time. RH2 Deliverables: • Email and phone correspondence with UPRR. • Edits to plans and specifications. Participation or Information Needed from City: • Conference calls and other coordination efforts with UPRR. • Provide project schedule to adjacent property owners that will be affected by the closure of the railroad and obtain letters from them stating how they will obtain supplies for their operations during the rail shutdown. Furnish those letters to UPRR to facilitate permitting. Task 3 — Easement Assistance and Coordination with Property Owners Adjacent to Work Zone Objective: Assist City in obtaining temporary construction easements from the adjacent property owners as needed. Approach: 3.1 Create graphics showing easement boundaries needed for ingress, egress and staging. Meet with City and property owners adjacent to work to explain construction approach. RH2 Deliverables: • Graphic provided in hardcopy and electronically showing temporary easement boundaries and list of activities anticipated in each easement. • Responses to emails and telephone calls from property owners and City. Participation or Information Needed from City: • Preparation of temporary easement agreements. • Coordination with adjacent property owners. W:\PW Eng\PROJECTS\A- SW Projects \CBD Sewer Rehabilitation (91140203) \RH2 Supplemental Agreement No 2 Revised 1- 16- 2014.docx 14 2 Task 4 — Preparation of Monitoring Plan and Construction Phase Staffing Approach Objective: Develop vibration, groundwater level, and ground/building position monitoring plan and a staffing plan for the construction phase. The monitoring activities are intended to allow warning of conditions that may damage buildings adjacent to the sewer. Approach: 4.1 Create specifications defining techniques and criteria for monitoring vibration, building /ground position, and groundwater level monitoring. Specification preparation includes coordination with Shannon and Wilson to determine equipment, methods, monitoring frequency, and reporting of measurements by the contractor and others. 4.2 Meet with City staff to review monitoring plan and determine a balance between the amount of monitoring (number of points and frequency of recording) and the cost to perform monitoring. 4.3 Meet with City staff to discuss construction phase staffing and approach. Create a scope of work for services during construction. RH2 Deliverables: • Technical specifications pertaining to vibration, building/ground position, and groundwater level. • Meeting with City to discuss, phone conferences, and email. Scope of work for construction phase services, including monitoring. Participation or Information Needed from City: • Feedback on monitoring plan via email, phone calls, and meetings. Task 5 — Modification to Plans & Specifications for APE to APW Replacement Objective: Revise plans and specifications to remove the repairs shown in the UPRR easement and east of the easement. Add the replacement of the pipe beneath the sinkhole and a manhole in this location. Approach: 5.1 Delete the portion of the plans that show work being performed on the UPRR easement and to the east of it. Delete portions of the specifications associated with the removed work. 5.2 Add to the plans the replacement of the sewer main under the existing sinkhole and the addition of one (1) manhole. Modify plans to show CIPP extending from APE to APW. 5.3 Meet with City staff to review plans and receive edits. Incorporate City edits and produce final plans and specifications. RH2 Deliverables: • Plans and specifications modifications to match the City's current approach to work that will remove open -cut construction from the UPRR easement. • Meeting with City to discuss edits to final plans. W: \PW Eng \PROJECTS \A - SW Projects \CBD Sewer Rehabilitation (91140203) \RH2 Supplemental Agreement No 2 Revised 1- 16- 2014.docx 3 15 Participation or Information Needed from City: • Review of plans and participation in meeting to present desired edits. Task 6 — Services During Bidding Objective: Provide assistance in bidding project for award. It is assumed the City will conduct the bid opening and prepare bid tabulations. Approach: 6.1 Prepare up to two (2) addenda to modify the construction contract documents during the advertisement period. It is assumed the City will distribute any addenda. 6.2 Prepare and submit a Recommendation for Award to the City. RH2 Deliverables: • Preparation of up to two (2) addenda. • Recommendation for award letter — electronic and one (1) hard copy sent to City. Task 7 — Project Management and Coordination with Other Team Members Objective: Coordinate with City staff Shannon and Wilson, and project surveyor; monitor scope, budget, and schedule; review and issue invoices; and maintain project files and records. Approach: 7.1 Coordinate (emails and phone calls) with City staff on schedule, progress, and design issues. 7.2 Coordinate with City for easement preparation, contract modifications and building settlement monitoring. Coordinate with Shannon and Wilson regarding placement of vibration monitoring devices and groundwater level monitoring. 7.3 Prepare invoices. Monitor budget spent. Provide monthly status updates. 7.4 Maintain project records and files. 7.5 Attendance at three (3) progress meetings with the City and other project team members. RH2 Deliverables: • Monthly invoices and progress reports that outline in written and graphical form the status of various tasks and that compare actual progress with the original project schedule. • Email and phone communication with other project team members. • Weekly status phone calls with City. • Attendance at three (3) meetings. Participation or Information Needed from City: • Attendance at review meetings by members of City's engineering and operations staff. W: \PW Eng\PROJECTS\A- SW Projects \CBD Sewer Rehabilitation (91140203) \RH2 Supplemental Agreement No 2 Revised I- 16- 2014.docx 16 4 Due to the risks associated with and to the nature of the work needed to complete the 2013 APE to APW Sewer Repair and CBD Sewer Restoration and due to the scope of the indemnity language in the original agreement, Article 7. Indemnification is hereby removed in its entirety and replaced with the following: The Consultant agrees to indemnify and hold harmless the City, its officers and employees from claims, demands or suits at law or equity arising from the Consultant's negligence or breach of its obligations under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees, and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the City's negligence or the negligence of the Consultant's agents or employees. 2. Time for Performance, is amended to the completion date of work until August 31, 2014. 3. Payment, shall be amended as follows: • Payment for the work provided by the Consultant as part of this supplement shall be made for an additional $59,070.00. The total amount for the Consultant for this contract shall not exceed $169,111.00 without express written modification of the Agreement signed by the City. DATED this CITY OF TUKWILA Jim Haggerton, Mayor day of , 2014. CONSULTANT By: Printed Name: Title: W: \PW Eng \PROJECTS \A - SW Projects \CBD Sewer Rehabilitation (91140203) \RH2 Supplemental Agreement No 2 Revised 1- 16- 2014.docx 17 18 EXHIBIT B City of Tukwila Supplemental Agreement No. 2 to Contract No, 13-076 2013 Central Business District Sewer Rehabilitation Estimate of Time and Ex wnse Description Classification Total Hours Total Labor Total Eapense Total Cost Task 1 PROJECT PLANNING AND CAPITAL IMPROVEMENT SCHEDULING 1.1 Identify project activities and create detailed project schedule of design, permitting, and construction 1.2 Prepare cost estimating and phasing for capital improvement planning 1.3 Attend two (2) meetings 28 9 10 $ 4,588 1,544 1,740 $ 115 41 111 $ 4,703 1,585 1,851 Subtotal 47 7,872 267 8,139 Task 2 ADDITIONAL UPRR PERMITTING EFFORT 2.1 Provide assistance to UPRR with additional permitting questions and concerns and design mods 57 9,339 953 10„292 Subtotal 57 9,339 953 10,292 Task 3 EASEMENT ASSISTANCE AND COORDINATION WITH PROPERTY OWNERS ADJACENT TO WORK ZONE 3.1 Prepare easement graphic preparation, definition of easement uses, and meeting and phone calls with owners 9 1,412 324 „736 Subtotal 1,412 324 $ 1,736 Task 4 PREPARATION OF MONITORING PLAN AND CONSTRUCTION PHASE STAFFING APPROACH 4.1 Create specifications for vibration, position, and groundwater monitoring 4.2 Meet with City staff to review monitoring plan 4.3 Meet with City staff to discuss construction phase monitoring 23 15 12 $ 3,975 2,705 2,197 $ 788 68 55 $ 4,763 2,773 2,252 Subtota 50 8,877 $ 911 $ 9.788 Task 5 Modification to Plans for APE to APW Replacement 5.1 Delete portions of work from plans and specs related to work in UPRR easement and to east of easement 10 $ 1,471 508 $ 1,979 5.2 Design of new approach that involves replacement pipe beneath sinkhole 9 $ 1,394 $ 145 $ 1,539 5.3 Design review meeting with City and incorporation of edits 9 $ 1,513 $ 282 $ 1,795 Subtota 28 $ 4,378 1 $ 935 1 $ 5.313 Task 6 SERVICES DURING BIDDING 6.1 Prepare up to two (2) addenda 28 4,471 801 $ 5,272 6.2 Prepare and submit recommendation for award letter 8 1,325 8 33 $ 1,358 Subtotal 36 1 $ 5,796 $ 834 1 $ 6,630 Task 7 PROJECT MANAGEMENT AND COORDINATION WITH OTHER TEAM MEMBERS 7.1 Coordinate with City staff regarding schedule, progress, and design issues 7.2 Coordinate with other consultants 7.3 Prepare invoices, monitor project budget, and modify scope 7.4 Maintain project files 7.5 Attend meetings with City to present progress and receive comments 34 13 10 5 26 5,997 2,090 1,872 742 4,619 492 394 389 361 217 6,489 2484 2,261 1,103 4,836 Subtotal 88 15,320 1,853 17,173 Supplemental Agreement No. 2 Total 1 315 1 s 52,994 6,076 1 $ 59,070 2:2M222UKA II.52,CruMacc,timpAgun21 22, 2 FEE 22.22 C1312 som kanatb,2,2K W:\PW Eng\PROJECTS \A- SW Projects \CHD Sewer Rehabilitation (91 140203)1RH2 Supplemental Agreement No 2 Revised I-16-2014..docx fl /ZOO 622811 FM 6 19 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: CBD Sanitary Sewer Rehabilitation Project No. 91140203 DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: The asbestos concrete pipe in the CBD (commercial business district) is approximately 45 year old and becoming soft. Slip lining the pipe will reinforce the strength with little impact to roadways and minimal excavation. If the pipe collapses, the stree will have to be excavated and the cos of the repairs will be significant. In the Iast five years we have had two major pipe failures on Andover Park West. A Public Works Tr utFund|oanwosauccenofu|lynbtainedin2012fovommstructiom. Reduced maintenance and repair costs. The Iimits of the 2013 project is APW to APE from Minkler Blvd to S 180th St and will now includ the repair to the sewer under the railroad tracks. FINANCIAL Through Estimated (in $000's) EXPENSES 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL Design Land (R880 Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant PVVTF Mitigation Actua Mitigation Expected Utility Revenue TOTAL SOURCES 0 160 10 10 180 20 100 700 820 20 120 900 1,040 20 120 900 1,040 20 120 900 1,040 80 120 900 1,100 0 0 320 590 4,310 5,220 0 0 45 135 180 705 115 820 1,040 1,040 1,040 1,040 1,040 1,040 800 300 1,100 0 0 0 0 0 1,550 D 3,670 NA 20 om4'omo Capital Improvement Program 73 UTILITIES COMMITTEE Meeting Minutes January 21, 2014 — 5:15 p.m. — Conference Room 1 City of Tukwila Utilities Committee PRESENT Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Allan Ekberg Staff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Mike Cusick, Pat Brodin, Peter Lau, Kimberly Matej and Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2013 Annual Sewer Repair Proiect Completion and Acceptance Staff is seeking Council approval of project completion and release of retainage to King Construction Company, Inc. in the amount of $77,881.85 for the installation of side sewers to 6532 and 6542 Southcenter Boulevard. Work began on August 19, 2013 and was completed on September 3, 2013. Retainage in the amount of $3,556.25 will be paid from the 2013 Annual Sewer Repair Program. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. B. CBD Sanitary Sewer Rehabilitation Proiect Supplemental Agreement No. 2 Staff is seeking Council approval of Supplemental Agreement No. 2 with RH2 Engineering in the amount of $59,070.00 for the Commercial Business District (CBD) Sanitary Sewer Rehabilitation Project. On March 11, 2013 a major break was discovered in the 12 -inch sewer pipe between Andover Park East and Andover Park West. A temporary pumping system is in place, and the design and construction of this repair are included in the contract with RH2 for the CBD Sanitary Sewer Rehabilitation Project. This supplement is necessary to re- design the project using a revised scope of work that does not require permitting or payments to Union Pacific Railroad, an aspect of the original design that was causing costs and delays eventually deemed unacceptable to the City. This supplement will complete the bid package. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. C. 2013 Annual Small Drainage Program Supplemental Agreement No. 2 Staff is seeking Council approval of Supplemental Agreement No. 2 to Contract No. 13 -113 with KPG, Inc. in the amount of $34,987.16. Supplemental Agreement No. 1 was executed for KPG, Inc. to provide construction management support in addition to design services for the 2013 Annual Small Drainage Program. The original contract completion date was December 26, 2013, but weather conditions in December did not allow for final paving to occur. This supplemental agreement is needed to cover the additional support, inspections, and material testing to complete the project construction and final paving in appropriate weather conditions. An additional delay was caused by the City Inspector providing project management services on another project that became more time demanding than expected due to changed site conditions. Funding for this supplement will come from the 2014 Construction Management budget. Committee members inquired about the overall project budget with staff confirming that the construction contract is going well and the project will be completed within budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. 21 22 COUNCIL AGENDA 5 OPSIS --Initta Is Meeting Date Prepared by 02/03/14 BG Mayor's review Council retiew ITEM INFORMATION ITEM No. 3.E. STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DA°1°1:. 02/03/14 AGENDA ITEM TITLE 2013 Annual SmaII Drainage Program Approve Supplement No. 2 to Contract No. 13-113 with KPG, Inc. C ATEGORY cws ion Mt1 Date Motion Mtg Date 02/03/14 Resolution Mt Date ElOrdina rice Mt Date 111 Bid Award e LI Public Hearing AftgDate Lil Other \I/ Date SPONSOR El Corozal 111 Mayor LIR 11 DCD tnanr ['Eire D IT D .pea j Police PW SP(:),NSOR'S SUMMARY. KPG was selected to design the 2013 Annual SmaII Drainage Program with Contract No. 13-113. Supplement No. 1 added construction management services for $39,562.06. With a weather delay and City inspection staff unable to provide project management services, an additional supplement is needed with KPG. Council is being asked to approve Supplemental Agreement No. 2 to Contract #13-113 with KPG, Inc. in the amount of $34,987.16. RviiAX(HD BY 111 COW Mtg. D CA&P Cmte Utilities Cmte L Arts Comm. DATE: 01/21/14 D F&S Cmte LIJ 'Transportation Cmte D Parks Comm. El Maiming Comm. COMMITTEE CI-LAIR: KATE KRULLER RECOMMENDATIONS: sroNsuR/ADmiN, Public Works Department Cx \ I 1111% Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXIT ND1TURE R11;Q11 RIM $34,987.16 AMOUNT BUDGETED $80,000.00 APPROPRIATION REQUIRED $0.00 Fund Source: 412 SURFACE WATER FUND (PAGE 82, 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/03/14 MTG. DATE ATTACHMENTS 02/03/14 Informational Memorandum dated 01/17/14 Supplemental Agreement No. 2 to Contract No. 13-113 2014 CIP, page 82 Minutes from the Utilities Committee meeting of 01/21/14 23 24 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director By: Peter Lau, Senior Program Manager - Construction DATE: January 17, 2014 SUBJECT: 2013 Annual Small Drainage Program Project No. 91341201, Contract No. 13-113 Supplemental Agreement No. 2 ISSUE Approve Supplemental Agreement No. 2 with KPG, Inc. in the amount of $34,987.16. BACKGROUND KPG, Inc. was selected to provide design services for the 2013 Annual Small Drainage Program. Contract Supplement No. 1 was executed for KPG to provide construction management (CM) support services. The CM services were intended to support City staff members in providing project management and construction inspection services. The original contract completion date was December 26, 2013. Weather conditions in December did not allow for final paving to occur, so the contract has been extended with the expectation that an appropriate weather window will allow for final paving. Additionally, the City Inspector was simultaneously providing project management services on another construction project that was more time demanding than expected due to changed site conditions. DISCUSSION KPG, Inc.'s CM support role was required to be expanded due to the extended contract duration and other City staff project demands. Supplemental Agreement No. 2 is needed to adequately cover for the additional CM support, inspections, and material testing from KPG to complete the project construction and final paving. Funding for Supplement No. 2 will come from the 2014 Construction Management budget. FINANCIAL IMPACT Contract 2013 & 2014 CM Budget KPG Supplement No. 1 for CM $ 39,562.06 $ 39,562.06 KPG Supplement No. 2 for CM 34,987.16 80,000.00 Total $ 74,549.22 $ 119,562.06 RECOMMENDATION Council is being asked to approve Construction Management Supplemental Agreement No. 2 with KPG, Inc. in the amount of $34,987.16 for the 2013 Annual Small Drainage Program and consider this item on the Consent Agenda at the February 3, 2014 Regular Meeting. Attachments: KPG's Supplemental Agreement No. 2 Page 82, 2014 CIP W:IPW EngIPROJECTSA- DR ProjectMAnnual Small Drainage Programs12013 SDP (91341201)\ConstructonA 1 00 - Contract DocumentM015 - CM Consultants1(005)- CM Scope and EncumbrancesIKPGdnfo Memo for KPG Supplement #2 RRT Rev.docx 25 26 SUPPLEMENTAL AGREEMENT No. 2 AGREEMENT No. 13-113 PROJECT No. 91341201 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: 2013 Small Drainage Program — Additional Construction Support Services This SUPPLEMENTAL AGREEMENT NO. 2 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 20th day of June, 2013. All provisions in the basic agreement remain in effect, except as expressly modified as follows: Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide on -call construction support services as requested by the City in accordance with the scope of work included as Exhibit A. Article 3, Duration of Agreement: Time for Performance, shall be supplemented with the following: The Consultant shall perform all services and provide all work product required pursuant to the Agreement no later than April 30, 2014 unless an extension of time is granted by the City. Article 4, Payment, shall be modified as follows: Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $34,987.16 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $117,922.03 without express written modification of the Agreement signed by the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2014. APPROVED: APPROVED: CITY OF TUKWILA KPG, INC. Jim Haggerton Mayor Attested: Christy O'Flaherty, City Clerk Nelson Davis, P.E. Principal 27 28 Exhibit A City of Tukwila 2013 Small Drainage Program Supplement No. 2 Additional Construction Support Scope of work December 23, 2013 The Consultant shall provide additional on -call Construction observation and engineering support services for the 2013 Small Drainage Program. All effort on this project will be as requested by the City. It is anticipated that budgets between Tasks will be adjusted as required to provide the requested services. The Consultant shall provide notification and receive written approval prior to exceeding the approved project budget. The scope of services and associated cost of services (Exhibit B) are based upon the assumptions outlined below. A. The Consultant shall provide the on -call field support and material testing to the City in addition to the level of effort estimated in the original authorization. The additional level of effort for field support time is estimated at 20 hours per week for construction observer and 10 hours per week for project engineer for an additional 4 weeks than was assumed in the original authorization. B. The Consultant shall assist the City with closeout activities following the winter shutdown period. We have estimated 80 hours of construction observer and 40 hours of project engineer will be necessary for inspection of final work elements, preparation of punchlist, assistance with final pay estimate, and other closeout items as requested.. C. Prepare Record Drawings for the 2013 Small Drainage Program based on redline drawings provided by the City. Deliverables: Items to be provided by the Consultant: • Documentation from site meetings, change conditions, and field directives. • Change orders, if required. • Full size Record Drawing mylars, 2013 Small Drainage Program 29 30 HOUR AND FEE ESTIMATE Project: City of Tukwila 2013 Small Drainage Program Supplement No. 2 - Additional Construction Support EXHIBIT B KPG • Architecture • Landscape Architecture • Civil Engineering • Task Description Labor Hour Estimate Total Fee Project Manager $ 179.18 Senior Engineer $ 129.22 Project Engineer $ 115.38 Design Engineer $ 100.49 CAD Technician $ 86.15 Const Inspector $ 99.74 Survey Crew $ 139.01 Senior Admin $ 100.49 Office Admin $ 64.61 Fee Task 1 - Construction Support Services A. Additional inspection and office support B. Assistance with final closeout C. Prepare Record Drawings _ D Reimbursable Expenses Additional Material Testing Mileage...._...._... R oduction Task Totals 12,853.02 13454.91 .. 2,529.23 5,800.00_ 250.00 34,987.16 12/31/2013 Total Estimated Fee: $ 34,987.16 32 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 Annual Small Drainage Program Project No. Varies Select, design, and construct small drainage projects throughout the City. Provide drainage corrections for existing/ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. Projects for this annual program are taken from Small Drainage Project List. Reduces maintenance. Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar years. Budget for 2014 includes $270k for Thorndyke Safe Routes to School (S 150th St). Grants from State Municipal Stormwater Capacity Grants. FINANCIAL (in $000's) EXPENSES Design Land ( Const. Mgmt, Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected Utility Revenue TOTAL SOURCES Through Estimated 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL 174 135 694 1,003 80 65 500 645 80 80 325 485 80 80 325 485 80 80 525 685 80 80 525 685 80 80 525 685 80 80 525 685 80 80 525 685 814 0 760 4,469 6,043 20 983 1,003 645 645 170 315 485 485 485 50 635 685 685 685 685 685 685 685 685 685 240 0 0 0 5,803 6,043 2014 - 2019 Capital Improvement Program 82 33 34 UTILITIES COMMITTEE Meeting Minutes January 21, 2014 — 5:15 p.m. — Conference Room 1 City of Tukwila Utilities Committee PRESENT Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Allan Ekberg Staff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Mike Cusick, Pat Brodin, Peter Lau, Kimberly Matej and Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2013 Annual Sewer Repair Proiect Completion and Acceptance Staff is seeking Council approval of project completion and release of retainage to King Construction Company, Inc. in the amount of $77,881.85 for the installation of side sewers to 6532 and 6542 Southcenter Boulevard. Work began on August 19, 2013 and was completed on September 3, 2013. Retainage in the amount of $3,556.25 will be paid from the 2013 Annual Sewer Repair Program. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. B. CBD Sanitary Sewer Rehabilitation Proiect Supplemental Agreement No. 2 Staff is seeking Council approval of Supplemental Agreement No. 2 with RH2 Engineering in the amount of $59,070.00 for the Commercial Business District (CBD) Sanitary Sewer Rehabilitation Project. On March 11, 2013 a major break was discovered in the 12 -inch sewer pipe between Andover Park East and Andover Park West. A temporary pumping system is in place, and the design and construction of this repair are included in the contract with RH2 for the CBD Sanitary Sewer Rehabilitation Project. This supplement is necessary to re- design the project using a revised scope of work that does not require permitting or payments to Union Pacific Railroad, an aspect of the original design that was causing costs and delays eventually deemed unacceptable to the City. This supplement will complete the bid package. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. C. 2013 Annual Small Drainage Program Supplemental Agreement No. 2 Staff is seeking Council approval of Supplemental Agreement No. 2 to Contract No. 13 -113 with KPG, Inc. in the amount of $34,987.16. Supplemental Agreement No. 1 was executed for KPG, Inc. to provide construction management support in addition to design services for the 2013 Annual Small Drainage Program. The original contract completion date was December 26, 2013, but weather conditions in December did not allow for final paving to occur. This supplemental agreement is needed to cover the additional support, inspections, and material testing to complete the project construction and final paving in appropriate weather conditions. An additional delay was caused by the City Inspector providing project management services on another project that became more time demanding than expected due to changed site conditions. Funding for this supplement will come from the 2014 Construction Management budget. Committee members inquired about the overall project budget with staff confirming that the construction contract is going well and the project will be completed within budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. 35 36 COUNCIL AGENDA S Meetiq Date Prepared r,y 4 Al9vr's 711/1 )1 Council review 02/03/14 BG ITEM INFORMATION OPSIS ITEM No. 3.F. STAFF SpoNsoR: BOB GIBERSON ORIGINAL AGENDA [)ATE: 02/03/14 GEN L).1 ITEM TITLE South 144th St Phase II (42nd Ave S - Tukwila Int'I Blvd) Acceptance of Transportation Improvement Board Grant ATEGORY Dij'cussion S PON S OR [1 Date Motion Mt g .Date 02/03/14 LI Resolution Mt Date Ordinance g Date D .Bid .A.2vard )110, Date "omit [1 Ma ,or LI EIR DCD Finance IT Public Date Wher Date Police I P1[11/ SF: NS(..)R2S SUMMARY R ,W0 ) BY The City was awarded a $1,000,000 grant for the South 144th st Phase II Street Improvement Project from the Transportation Improvement Board. The project is coordinated with the Tukwila Village site and the developer has obligated $800,000 in mitigation to act as matching funds for the grant. There are also City Traffic Impact Fees that total $132,644.81 through 2013. Council is being asked to accept the Transportation Improvement Board grant for $1,000,000.00. Lil COW Mtg Eli CA&P Cmte F&S Carte "fransportation Comte Curate LI Arts Comm. LI Parks Comm. El Planning Comm. DATE: 01/27/14 COMMITTEE CHAIR: ALLAN EKBERG COMMENDATIONS: SPONSOR/ADMIN. Public Works Departmen COMM' ITH', Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EX PI D ITI RP", REQ U I RE D $0.00 AMOUNT BUDGETED $0.00 APPROPRIATION REQUIRED $0.00 Fund Source: 104 ARTERIAL STREETS (PG 19, 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/03/14 MTG. DATE ATTACHMENTS 02/03/14 Informational Memorandum dated 01/24/14 Page 19, 2014 CIP (amended to reflect current revenue) Grant Award Notification Letter, Fuel Tax Grant Agreement & Project Funding Pacific Northern Construction Company Mitigation Letter inutes from the Transportation Committee meeting of 01/27/14 37 38 40,44 *Wer,hP 0,0 **4 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Directo BY: Robin Tischmak, City Engineer DATE: January 24, 2014 SUBJECT: S 144th St Phase II (42nd Ave S - Tukwila International Boulevard) Project No. 99510402 Grant Acceptance - Transportation Improvement Board ISSUE Accept a Transportation Improvement Board (TIB) grant in the amount of $1,000,000.00 to construct street improvements on S 144th St from 43rd Ave S to Tukwila International Blvd. BACKGROUND In 2013 City staff was authorized to submit a TIB grant funding application for the S 144th St Phase II street improvement project. The grant request coincides with the City's Tukwila Village development and would provide funding for the S 144th St roadway frontage improvements and roadway widening. DISCUSSION & FINANCIAL IMPACT The City's matching funds will be provided by the developer of the Tukwila Village site in the amount of $800,000 (see letter). To date, $132,644.81 has been collected in Traffic Impact Fees. The Traffic Impact Fees were not acknowledged in the grant application, but will be used for construction contingency. Amount Funding Source Awarded Matching Funds (Mitigation & Traffic Impact Fees) $ 818,000.00 Transportation Improvement Board 1,000,000.00 Total $ 1.818,000.00 RECOMMENDATION Council is being asked to accept a Washington State Transportation Improvement Board grant for the S 144th St Phase 11 Project in the amount of $1,000,000 and consider this item on the Consent Agenda at the February 3, 2014 Regular Meeting. Attachments: 2014 CIP, page 19 Grant Award Notification Letter Fuel Tax Grant Agreement Project Funding Status Form Pacific Northern Construction Company Mitigation Letter W:\PW Eng \ PROJECTS \A- RW & RS Projects \S 144th (95RS01)\TIB GranhInfo Memo TIB Grant Acceptance 01-24-14 gl.doc 39 40 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: S 144 St Phase U (42 Ave S - Tukwila |nt'| Blvd)* Project No. 98510402 Zone 3 DESCRIPTION: undergrounding from Tukwila Intl Blvd to 42nd Ave S. Also add a signal at 42nd Ave S. Construct cur .gutter,sidowo|k, bike lanes pavement restoration, illumination, drainage and utility JUSTIFICATION: Provide pedestrian and vehicle safety, drainage and neighborhood revitalization. Phase I - Tukwila Intl Blvd to Military Rd, project completed in 2007 for $3.1 million with $1 million in grants. STATUS: Phase 11 - 42 Ave S to Tukwila International Blvd. MAINT. IMPACT: Reduce pavement, drainage repairs, and maintenance costs. Proposed Transportation Improvement Board's Arterial Improvement Program (AIP) grant of $1 million. COMMENT' ' Project is on Impact Fee list. Design and construction related to the Tukwila Village project. FINANCIAL Through Estimated (in $000's) EXPENSES Design Land (RAN) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Proposed Mitigation Traffic lmpact Fees City OpecRevenue TOTAL SOURCES 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL 0 0 418 40 458 180 1,300 1,480 0 0 0 0 0 °° 1,000 1,480 0 458 0 0 0 0 0 0 0 0 0 418 40 180 1,300 1,938 0 1,000 133-3'2g- 'S ��� ,�� 1,938 2o14'oo/* Capital Improvement Program 1B 42 Washington State Transportation Improvement Board TIB Members Councilmember Sam Crawford, Chair Whatcom County ouncilmember Jeanne Burbidge, V. Chair City of Federal Way Jim Albert Office of Financial Management Pasco Bakotich, P.E. WSDOT Todd Coleman, P.E. Port of Vancouver Kathleen Davis WSDOT Mark Freiberger, P.E. City of Sedro- Woolley Mayor James Irish City of La Center Councilmember R.E. Bob Olson City of Kennewick Laura Philpot, P.E. City of Sammamish Heidi Stamm HS Public Affairs Commissioner Richard Stevens Grant County Harold Taniguchi King County Metro Transit John Vodopich City of Bonney Lake Jay Weber County Road Administration Board Ralph Wessels, P.E. Bicycle Alliance of Washington Clay White Snohomish County Stevan E. Gorcester Executive Director P.O. Box 40901 Olympia, WA 98504 -0901 Phone: 360 -586 -1140 Fax: 360 -586 -1165 www.tib.wa.gov November 25, 2013 Mr. Bob Giberson, P.E. Public Works Director City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 -2544 Dear Mr. Giberson: lilECEI, ED DEC 0 5 2013 P(IBL C W RKS Congratulations! We are pleased to announce the selection of your project, .S 144th Street, Tukwila International Blvd to 43rd Ave S, TIB project number 8 -1- 116(011) -1. Total TIB funds for this project are $1,000,000. Before any work is allowed on this project, you must: • Verify the information on the Project Funding Status Form, revise if necessary, and sign; • Sign both copies of the Fuel Tax Grant Distribution Agreement; and • Return the above items to TIB. You may only incur reimburseable expenses after you receive approval from TIB. In accordance with RCW 47.26.84, you must certify full funding by November 22, 2014 or the grant may be terminated. Grants may also be rescinded due to unreasonable project delay as described in WAC 479 -05 -211. If you have questions, please contact Greg Armstrong, TIB Project Engineer, at (360) 586 -1142 or e-mail GregA @tib.wa.gov. Stevan Gorcester Executive Director Enclosures Investing in your local community 43 44 Washington State Transportation Improvement Board 8- 1- 116(011) -1 Fuel Tax Grant Agreement City of Tukwila 8 -1- 116(011) -1 S 144th Street Tukwila International Blvd to 43rd Ave S STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Tukwila AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement ") for the S 144th Street, Tukwila International Blvd to 43rd Ave S (hereinafter "Project ") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB ") and City of Tukwila, a political subdivision of the State of Washington (hereinafter "RECIPIENT "). 1.0 PURPOSE TIB hereby grants funds in the amount of $1,000,000 for the project specified above, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page 1 of 5 November 2012 45 Washington State Transportation Improvement Board 8- 1- 116(011) -1 Fuel Tax Grant Agreement amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement 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 Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON - COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non - compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non - compliance, which should include either a detailed plan to correct the non - compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non - compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Fuel Tax Agreement Page 2 of 5 November 2012 46 Washington State Transportation Improvement Board 8 -1- 116(011) -1 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non - compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and /or take such action as may be directed by TIB. b) In the event of default and /or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479 -05 -202 and /or WAC 479 -01 -060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and /or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 47 Washington State Transportation Improvement Board 8 -1- 116(011)4 Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non - binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 November 2012 48 Washington State Transportation Improvement Board 8 -1- 116(011) -1 Fuel Tax Grant Agreement 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Signature of Chairman /Mayor Date Executive Director Date Print Name Print Name Fuel Tax Agreement Page 5 of 5 November 2012 49 50 Transportation Improvement Board Project Funding Status Form Agency: T0KWILA TIB Projec Number: 8-1-116(011)-1 Project Name: S 144th Street Tukwila International Blvd to 43rd Ave S Verify the information below and revise if necessary. Return to: Transportation Improvement Board PO Box 4O9U1 Olympia, WA 98504-0901 PROJECT SCHEDULE PROJECT FUNDING PARTNERS List additional funumnoartno,o and amount. Construction Approval Date TUKW|LA Contract Bid Award Dec 2014 Contract Completion Dec 2015 PROJECT FUNDING PARTNERS List additional funumnoartno,o and amount. Signatures are required from two different agency officials. Return the originally signed form to the TIB office. Mayor or Public Works Director Signature Date Printed or Typed Name Title Financial Officer Signature Date Printed or Typed Name Title TIB Project Funding Status Form TUKW|LA 18.000 WSDOT 0 Federal Funds 0 Pacific Northern Constructon Go. 000.000 TOTAL LOCAL FUNDS 818.000 Signatures are required from two different agency officials. Return the originally signed form to the TIB office. Mayor or Public Works Director Signature Date Printed or Typed Name Title Financial Officer Signature Date Printed or Typed Name Title TIB Project Funding Status Form 52 ANWPOWOMPormimembrn August 23, 2013 PACIFIC NORTHERN CONSTRLICTMN COMPANa; INC Cyndy Knighton, Senior Program Manager - Transportation Derek Speck, Economic Development Administrator CITY OF TUKWILA 6200 Southeenter Boulevard Tukwila, Washington 98188 Transportation Improvement Board STATE OF WASHINGTON 505 Union Avenue SE, Suite 350 Olympia, Washington 98501 RE: Support for City of Tukwila Grant Application for Improvement of S. 144th Street; and Commitment of Funds Ladies and Gentlemen: On behalf of Tukwila Village Development Associates, LLC ("TVDA"), we are hereby expressing our support for a (rant Application to be submitted to the Transportation Improvement Board by the City of Tukwila in connection with the proposed improvement of a section of S. 144th Street that extends east from Tukwila International Boulevard to 42nd Avenue in the City of Tukwila (the "Subject Street Section"). Pursuant to a Disposition and Development Agreement dated as of October 30, 2012 entered into between -TVDA and the City of Tukwila (the "Disposition and Development Agreement"), TVDA has the exclusive right to acquire and develop certain parcels of real property owned by the City of Tukwila, including parcels adjoining the Subject Street Section (the "Adjoining Parcels"). Accordingly, TVDA is prepared to commit funds towards the cost of the proposed improvement of the Subject Street Section consistent with the normal and customary responsibilities of a developer in terms of right-of-way and street frontage improvements based on applicable street sections and standards, including the extension of utilities necessary to serve the development through the right-of-way. Based on our understanding of such normal and customary responsibilities, TVDA is hereby committing to contribute $800,000 towards the cost of the proposed improvement of the Subject Street Section, together with an additional $200,000 towards the cost of extending the water main through the Subject Street Section. The foregoing 1MMY.wxIM,WrgAtin0*6oeeWgtsWook**g.,VMMM 201 27th Avenue SE, Building A, Suite 30(1, Puyallup, Mishit:won 98374 Phone: (253) 231-5001 or (253) 231-5003 • Fax: (253) 231-5010 53 commitment of funds by TVDA is subject to the following: (i) the approval and funding of the Grant by the Transportation Improvement Board pursuant to the Grant .Application; (ii) acquisition of the Adjoining Parcels by TVDA from the City of Tukwila; and (ii) the-approval by the City of Tukwila of TVDA's proposed development on the Adjoining Parcels. In addition, the foreaoing commitment of funds by TVDA with respect to the cost of extending the water main through the Subject Street Section is subject to the eligibility for inclusion of such costs in the Grant approved and funded by the Transportation Improvement Board. Sincerely, TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC By Pacific Northern Construction Company, Inc., Its Manager Bryan M. Park President 54 2 TRANSPORTATION COMMITTEE - Meeting Minutes January 27, 2014 — 5:15 p.m. — Foster Conference Room City of Tukwila Transportation Committee PRESENT Councilmembers: Allan Ekberg, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Cyndy Knighton, David Sorensen, Kimberly Matej, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:15 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Grant Acceptance: South 144th Street Phase 11 (42nd Avenue South — Tukwila International Boulevard) Staff is seeking Council approval to accept a Transportation Improvement Board grant in the amount of $1,000,000.00 to construct street improvements on South 144th Street from 43rd Avenue South to Tukwila International Boulevard. This project will construct curb, gutter, sidewalk, bike lanes, pavement restoration, illumination, drainage and utility undergrounding from TIB to 42nd Avenue South, as well as add a traffic signal at 42nd Avenue South. This grant coincides with the Tukwila Village development and provides funding for the South 144th Street roadway frontage improvements and widening. The matching funds will be provided by the Tukwila Village site developer in the amount of $800,000. To date, $132,644.81 has been collected in Traffic Impact Fees, and this amount will be used for contingency. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. B. Bid Award: Americans with Disabilities Act Improvements Staff is seeking Council approval to award a bid to Iron Creek Construction in the amount of $84,450.00 for construction of the Americans with Disabilities Act (ADA) Improvements program. This program was created in 2013 to address City facilities not in compliance with ADA requirements, and the 2013/2014 project will provide pedestrian access ramp repairs at multiple locations on TIB and one location at South 180th Street. It also includes the replacement of the actuated in- pavement flashing light crosswalk on TIB near South 152nd Street with an actuated Rectangular Rapid Flash Beacon System. Iron Creek Construction was the lowest of eight bids received for this project, and it is under the Engineer's estimate of $98,700.00. Funds for this project are carried forward from the 2013 construction budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. 55 56 ,lleaill,g DA.° Preamlh r ill,qor'srevicip Gimilrepicip 02/03/14 BG/ ITEM INFORMATION GAS NumBNR: Si 1 SruNsuR: BOB GIBERSON ()Ii ; 1 \1 A( ; I \ 1 ) \i 1 : 02/03/14 ITRNI ITHE Americans with Disabilities Act (ADA) Improvements Bid Award to Iron Creek Construction, LLC. C 1))1,cao)clon Dare M01.1017 1) ii 02/03/14 Refolu(ion nig1)xe ,1 I 2:4, Doh, Ih117(V E] Bic/ )1Ifjc, 1-)))11,) Lil Public 1 1 earl 17,: 1 Other Dale Si ( )NS()R Con/ Lp'or I IR Lil /)( 1) Lil 17i nan‘v Z7R Po/ice P117 Si'( )NM At'S Si NI\I \RY The 2013/2014 ADA Improvement Project was advertised for bids on December 19 and 26, 2013. Eight bids were opened January 9, 2014 with the low bid of $84,450.00 from Iron Creek Construction, LLC. Iron Creek has successfully worked for other cities in the past and their bid is within budget. The 2013/2014 locations include ramps on Tukwila Int'I Blvd and S 180th St, and an upgrade to the flashing crosswalk at S 152nd St. Council is being asked to award the bid to Iron Creek Construction in the amount of $84,450.00. 11) 13\ El cow .N1tg. Utilities Cmte DATE: 01/27/14 .1111.11■■ CA&P Cmte marts (:omm. F&S Cri-Re Transportation Cmte Parks Comm. Planning Comm. COMNIFITEI. 1 CI IAIR: ALLAN EKBERG RECOMMENDATIONS: S1)1 )NS( )1t/A1M11\. Public Works (12 \1\1l Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE $84,450.00 AMOUNT BUDGETED ED $100,000.00 APPROPRIATION RE IRIEL $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 21, 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/03/14 MTG. DATE ATTACHMENTS 02/03/14 Informational Memorandum dated 01/24/14 Vicinity Map 2014 CIP, page 21 Bid Tabulation Rectangular Rapid Flash Beacon System Minutes from the Transportation Committee meeting of 01/27/14 57 58 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U���������U� nx�n ��xun�u��n n��nm���~ n�n�~nwn��xn��n�����n�n Mayor Haggerton Transportation Committee .—,—-—— FROM: Bob Giberson, Public Works Director If. BY: Robin Tischmak, City Engineer DATE: January 24, 2014 SUBJECT: Americans wit Disabilities Act Improvements Project No. 91210405 BID AWARD ISSUE Award the bid for construction of the Americans with Disabilities Ac (ADA) Improvements to Iran Creek Construction in the amount of $84,450.00. BACKGROUND This is a new annual program that was created in 2013 to address City facilities which are not in compliance with the ADA. The 2013/2014 p 'ectwi||pmVdepedeathen8CCeOsronOp0pminS8t0U|tip|e|oo8ti003OnTukwi|8|nt8rnotiono| Blvd (TIB) and one location OOS18Um St. The project also includes the replacement of the actuated in-pavement flashing Iight crosswalk on TIB near S 1 52d St (Taco BeII!KFC) with an actuated Rectangular Rapid Flash Beacon System. The p j8CtvVGG@dVertiSedfO[bidSOnD8C80b8[198Od28'2O13. Eight (8) bids were received and opened on January 9'2O13. The lowest bid of 84.45O.00 was received from Iron Creek Construction, LLC. The Engineer's estimate was 98'700.00. ANALYSIS The bids were reviewed and tabulated. No errors were discovered in any of the eight bids received. References from previous p jectsth8t|0OCn3BkCOOSt0CtiOnh8dCO0p|et8dfO[Othe[8g8Oci8S[8Ceiv8dpO3itiV8f8edhGCk. BUDGET AND BID SUMMARY This p ject was designed and advertised based on the 2013 construction budget that should have been carried over into the 2014 budget. Construction (Base Bid) Contingency (10.0%) Total Bid Results Estimate Budget (2013) $ 84,450.00 $ 98,700.00 $100'000.00 8.445.00 9.870.00 0.00 RECOMMENDATION The COUmci|isheiOg8Sk8dtO8w8[dthgCOOStrUCtiUObidh3[fh82O13/2O14ADA|0p0V808nt3tOI0OCKe8k Construction in the amount of $84,450.00 and consider this item on the Consent Agenda at the February 3, 2014 Regular Meeting. Attachments: Vicinity Map 2O140P. page 21 Bid Tabulation Rectangular Rapid Rash Beacon System W:\ PW Eng \PROJECTS\A- RW & RS Projects\ADA Improvements (91210405) \Design \Info Memo Bid Award gI.docx 60 PROJECT SITE SEA-TAC AIRPORT MINKLER BLVD VICINITY MAP N.T.S. 2013 ADA IMPROVEMENTS COVER SHEET 61 62 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Americans with Disabilities Act (ADA) Improvements Project No. 31210405 DESCRIPTION: Construct ADA compliant upgrades to City infrastructure in conjunct on with a City developed plan. The enforcement of ADA laws and standards was delayed pending legal challenges and studies. Recent JUSTIFICATION: � courtm|ingo now mandate ADA compliance. The City must provide upgrades with most construction projects. Provide annual funding to construct improvements as necessary. For 2013, develop a citywide plan with STATUS: design and construction of the 1 of the 2 major crosswalks on Tukwila lnternational BIvd. MAINT. IMPACT: Negligible. Project will be ongoing until City facilities and infrastructure meet ADA requirements. Only one year actuals COMMENT: shown in first column. FINANCIAL Through Estimated in VV0'n 2012 2013 2014 2015 2018 2016 2017 2019 BEYOND TOTAL . EXPENSES Design 45 5 5 5 5 5 5 5 80 Land(R/VV) 0 Const. Mgmt. 18 8 8 8 8 8 8 8 74 Construction 100 50 50 50 50 50 50 50 450 TOTAL EXPENSES 0 163 63 63 63 63 63 63 63 60* FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Impact Fees 0 City Oper. Revenue 0 163 63 63 63 63 63 63 63 604 TOTAL SOURCES 0 163 63 63 63 63 63 63 63 604 zo14'zn/e Capital Improvement Program 21 64 City of Tukwila Prepared 5y 2013 ADA IMPROVEMENTS January 9, 2014 r± C Bid Tabulation Iron Creek Construction LLC Engineer's Estimate Trinity Contractors, inc. Henderson Partners, LLC item No Item With Unit Priced Bid Unit Oty Unit Price Totat Unit Price Total Unit Price Total Unit Price Totat 1 MOBILIZATION FA 1 $ 8,970.00 0 8,970.00 $ 4.400.00 S 4,400.00 $ 10,000.00 $ 10,000.00 $ 4.957.69 $ 4,957.69 2 MINOR CHANGES LS 1 $ 5,000.00 $ 5,000.00 S 5,000.00 S 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 3 PROJECT TEMPORARY TRAFFIC CONTROL LS 1 $ 10.000.00 $ 10,000.00 $ 5,000.00 S 5,000.00 $ 10,000 00 $ 10,000.00 $ 7.000.00 0 7,000.00 4 TEMPORARY WATER POLLUTION / EROSION CONTROL FA 1 S 5.000.00 $ 5.000 00 0 100.00 S 100.00 $ 2.000.00 0 2,000.00 $ 500.00 $ 500.00 5 RESOLUTION OF UTILITY CONFLICTS LS 1 $ 5,000.00 $ 5,000 00 0 5,000.00 0 5,000.00 0 5,000.00 $ 5.000.00 $ 5,000.00 $ 5000.00 6 PEDESTRIAN TRAFFIC CONTROL LS 1 $ 5,000.00 $ 5,000.00 $ 1,500.00 S 1.500.00 $ 3,500.00 0 3,500.00 $ 1,200.00 $ 1,200.00 7 REMOVING ASPHALT CONC. PAVEMENT SY 6 S 5.00 $ 30.00 $ 100.00 S 600.00 $ 100.00 0 600.00 $ 80.00 $ 480.00 8 REMOVING CEMENT CONC. SIDEWALK SY 135 5 20.00 $ 2,700 00 $ 20.00 S 2.700.00 $ 40.00 $ 5,400.00 $ 80.00 S 10,800.00 9 REMOVING CEMENT CONC. CURB AND GUTTER LF 45 $ 15.00 $ 675.00 $ 20.00 S 900.00 $ 40.00 $ 1,800 00 $ 80.00 $ 3,600 00 10 PROPERTY RESTORATION FA 1 $ 4,000.00 $ 4,000.00 $ 4,000.00 S 4,000.00 5 4,000.00 S 4,000.00 $ 4,000.00 $ 4.000.00 11 CEMENT CONC. SIDEWALK SY 55 $ 35.00 $ 1,925.00 $ 50.00 0 2,750.00 $ 50.00 $ 2,750.00 $ 60.00 0 3,300.00 12 MONOLITHIC CEMENT CONC. CURB AND SIDEWALK SY 32 $ 75.00 $ 2,400.00 $ 75.00 S 2,400.00 $ 85.00 $ 2,720.00 $ 85.00 $ 2,720 00 13 REINFORCED CEMENT CONC. CURB AND SIDEWALK SY 5 $ 100.00 $ 500.00 $ 120.00 S 600.00 $ 100.00 $ 500.00 $ 300.00 $ 1,500.00 14 CEMENT CONC. CURB RAMP TYPE PERPENDICULAR A EA 5 $ 2,000.00 $ 10,000 00 $ 4.000.00 0 20,000.00 $ 1,800.00 $ 9,000.00 $ 1,000.00 $ 5,000.00 15 CEMENT CONC. CURB RAMP TYPE DIRECTIONAL A EA 1 $ 2,500.00 $ 2,500.00 $ 3,500.00 $ 3,500.00 $ 1,900.00 $ 1,900.00 $ 1,000 00 0 1.000.00 16 RECTANGULAR RAPID FLASHING BEACON SYSTEM COMPLETE LS 1 $ 35,000.00 $ 35,000.00 $ 26,000.00 $ 26,000.00 S 25,000.00 $ 25,000 00 $ 33,500.00 S 33,500.00 CONSTRUCTION TOTAL 5 98,700.00 84,450.00 5 89,170.00 $ 89,557.69 (7 i'(7 1. Page Pr. Pr pmt. s t412I...t31.[?vsi�_;t;H;d City of Tukwila 2013 ADA IMPROVEMENTS January 9, 2014 Bid Tabulation Road Construction NW Engineer's Estimate MVG, LLC NPM Construction Co. Item No Item With Unit Priced Bid Unit Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Totai 1 MOBI LIZATIO.v FA 1 $ 8,970.00 $ 8,970.00 $ 18.000.00 $ 18,000.00 $ 8.700.00 0 8.700.00 $ 10.500.00 $ 10,500.00 MINOR CHANGES 2 LS 1 $ 5.000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5.000.00 $ 5.000.00 $ 5,000.00 3 PROJECT TEMPORARY TRAFFIC CONTROL LS 1 $ 10,000.00 $ 10,000.00 $ 5.000.00 $ 5,000.00 5 10,000.00 $ 10,000.00 $ 11,000.00 $ 11,000.00 4 TEMPORARY WATER POLLUTION / EROSION CONTROL FA 1 $ 5.000.00 $ 5,000.00 $ 3.000.00 $ 3,000.00 $ 1,500.00 $ 1.500.00 $ 1.100.00 $ 1,100.00 5 RESOLUTION OF UTILITY CONFLICTS LS 1 $ 5,000.00 $ 5,000.00 $ 5.000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5.000.00 6 PEDESTRIAN TRAFFIC CONTROL LS 1 $ 5,000.00 $ 5.000.00 $ 2,200.00 $ 2,200.00 0 6,500.00 0 6.500,00 $ 2.500.00 $ 2,500.00 7 REMOVING ASPHALT CONC. PAVEMENT SY 6 $ 5.00 $ 30.00 $ 20.00 $ 120.00 $ 120.00 $ 720.00 $ 110.00 $ 660.00 8 REMOVING CEMENT CONC. SIDEWALK SY 135 $ 20.00 $ 2,700 00 $ 20.00 $ 2,700.00 $ 45.00 $ 6,075.00 $ 45.00 $ 6,075.00 9 REMOVING CEMENT CONC. CURB AND GUTTER LF 45 5 15.00 $ 675.00 $ 10.00 $ 450.00 0 25.00 $ 1,125.00 $ 25.00 5 1,125.00 10 PROPERTY RESTORATION FA 1 $ 4,000.00 $ 4,000.00 5 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 11 CEMENT CONC. SIDEWALK SY 55 $ 35.00 $ 1,925.00 $ 55.00 $ 3,025.00 5 125.00 $ 6,875.00 $ 145.00 $ 7,975.00 12 MONOLITHIC CEMENT CONC. CURB AND SIDEWALK SY 32 $ 75.00 $ 2,400.00 $ 65.00 $ 2,080.00 $ 165.00 $ 5.280.00 $ 250.00 $ 8.000.00 13 REINFORCED CEMENT CONC. CURB AND SIDEWALK SY 5 $ 100.00 $ 500.00 $ 120.00 $ 600.00 $ 372.00 $ 1.860.00 $ 650.00 $ 3.250.00 14 CEMENT CONC. CURB RAMP TYPE PERPENDICULAR A EA 5 $ 2,000.00 $ 10,000.00 $ 2,700.00 $ 13,500 00 $ 2,620.00 $ 13,100.00 $ 2,10000 $ 10,500.00 15 CEMENT CONC. CURB RAMP TYPE DIRECTIONAL A EA 1 $ 2,500.00 $ 2,500.00 $ 2,200.00 $ 2,200.00 $ 2,620 00 $ 2,620.00 $ 3,100 00 $ 3.100 00 16 RECTANGULAR RAPID FLASHING BEACON SYSTEM COMPLETE LS 1 $ 35.000.00 $ 35,000.00 $ 25,000.00 $ 25,000.00 $ 26,199.00 $ 26,199.00 $ 28,500.00 $ 28.500.00 CONSTRUCTION TOTAL 5 98,700.00 5 91,875.00 5 104,554.00 $ 108,285.00 3 PV Eng3PROJECTS RB Fagn of3 RS Projnnts3ADA Imp ,^men City of Tukwila 2013 ADA IMPROVEMENTS January 9, 2014 Bid Tabulation Westwater Construetfon Company Engineer's Estimate CAW Cascade, Inc. Item NQ Item With Unit Priced Bid Unit Qty Unit Price Total Unit Price Total Unit Price Total 1 MOBILIZATION FA 1 $ 8,970.00 $ 8,970,00 $ 6,250.00 $ 6,250.00 $ 13,000 00 $ 13,000.00 2 MINOR CHANGES LS 1 $ 5.000.00 0 5,000.00 $ 5,000.00 0 5.000.00 $ 5.000.00 $ 5,000.00 3 PROJECT TEMPORARY TRAFFIC CONTROL LS 1 $ 10,000.00 $ 10,000.00 $ 16,500.00 $ 16,500.00 $ 15,000.00 $ 15,000.00 4 TEMPORARY WATER POLLUTION / EROSION CONTROL FA 1 $ 5.000.00 $ 5,000.00 5 3,000.00 $ 3,000.00 $ 2,500.00 $ 2,500.00 5 RESOLUTION OF UTILITY CONFLICTS LS 1 $ 5.000:00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 6 PEDESTRIAN TRAFFIC CONTROL LS 1 $ 5,000.00 $ 5,000.00 $ 9,000.00 $ 9.000.00 $ 1,500.00 $ 1.500.00 7 REMOVING ASPHALT CONC. PAVEMENT SY 6 $ 5.00 $ 30.00 $ 100.00 5 600.00 $ 250.00 $ 1,500.00 8 REMOVING CEMENT CONC. SIDEWALK SY 135 $ 20.00 $ 2,700.00 $ 42.00 $ 5.670.00 $ 100.00 $ 13,500.00 9 REMOVING CEMENT CONC. CURB AND GUTTER LE 45 $ 15.00 $ 675.00 $ 40.00 $ 1.800.00 $ 50.00 $ 2,250.00 10 PROPERTY RESTORATION FA 1 $ 4,000.00 $ 4,000.00 $ 4.000.00 $ 4,000.00 $ 4,000 00 $ 4,000.00 11 CEMENT CONC. SIDEWALK SY 55 $ 35.00 $ 1,925.00 $ 120.00 $ 6,600.00 $ 250.00 $ 13.750.00 12 MONOLITHIC CEMENT GONG. CURB AND SIDEWALK SY 32 $ 75.00 $ 2,400.03 $ 150.00 $ 4,800.00 $ 300.00 $ 9,600.00 13 REINFORCED CEMENT CONC. CURB AND SIDEWALK SY 5 $ 100.00 $ 500.00 $ 800.00 $ 4,000.00 $ 300.00 $ 1,500.00 14 CEMENT CONC. CURB RAMP TYPE PERPENDICULAR A EA 5 $ 2.000.00 $ 10.000.00 $ 2,900.00 $ 14,500.00 $ 2,500.00 $ 12,500.00 15 CEMENT CONC. CURB RAMP TYPE DIRECTIONAL A EA 1 $ 2,500.00 $ 2,500.03 $ 2,650.00 $ 2,650.00 $ 3.000.00 $ 3,000.00 16 RECTANGULAR RAPID FLASHING BEACON SYSTEM COMPLETE LS 1 $ 35,000.00 $ 35,000.03 $ 26,500.00 0 26,500.00 $ 32,600.00 $ 32,600.00 CONSTRUCTION TOTAL $ 98,700.00 $ 115,870.00 5 136,200.00 LW PV ' PR( UIE CTS Page 3 Of 3 R4'> o RS ;ADA !Ingo etnenL [: tZIPA1 I 68 ADA Project will include Median and Overhead Median Two-Way Roadway Overhead Two-Way Roadway 11111111111111111111 A W:\PW Eng\ PROJECTS\A- RW & RS Projects\ADA Improvements (91210405)\ Design \Graphic Rendering.clocx 69 70 TRANSPORTATION COMMITTEE - Meeting Minutes January 27, 2014 — 5:15 p.m. — Foster Conference Room City of Tukwila Transportation Committee PRESENT Councilmembers: Allan Ekberg, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Cyndy Knighton, David Sorensen, Kimberly Matej, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:15 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Grant Acceptance: South 144th Street Phase 11 (42nd Avenue South — Tukwila International Boulevard) Staff is seeking Council approval to accept a Transportation Improvement Board grant in the amount of $1,000,000.00 to construct street improvements on South 144th Street from 43rd Avenue South to Tukwila International Boulevard. This project will construct curb, gutter, sidewalk, bike lanes, pavement restoration, illumination, drainage and utility undergrounding from TIB to 42nd Avenue South, as well as add a traffic signal at 42nd Avenue South. This grant coincides with the Tukwila Village development and provides funding for the South 144th Street roadway frontage improvements and widening. The matching funds will be provided by the Tukwila Village site developer in the amount of $800,000. To date, $132,644.81 has been collected in Traffic Impact Fees, and this amount will be used for contingency. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. B. Bid Award: Americans with Disabilities Act Improvements Staff is seeking Council approval to award a bid to Iron Creek Construction in the amount of $84,450.00 for construction of the Americans with Disabilities Act (ADA) Improvements program. This program was created in 2013 to address City facilities not in compliance with ADA requirements, and the 2013/2014 project will provide pedestrian access ramp repairs at multiple locations on TIB and one location at South 180th Street. It also includes the replacement of the actuated in- pavement flashing light crosswalk on TIB near South 152nd Street with an actuated Rectangular Rapid Flash Beacon System. Iron Creek Construction was the lowest of eight bids received for this project, and it is under the Engineer's estimate of $98,700.00. Funds for this project are carried forward from the 2013 construction budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. 71 72 \ 2908 COUNCIL AGENDA S OASIS Jnat A leen IN Date Prepared b3 1 I(!yo r'i remew Counci / read en, 02/03/14 BG4 , ITEM INFORMATION TEM No. 3.H. CAS Nt MBER: STAFF SPONSOR: BOB GIBERSON ORR;INAL AGENI)A DATE: 02/03/14 AG I ADA ITElsA TITLE Overlay and Repair - East Marginal Way S (S 81st PI - S Norfolk St) Bid Award to Miles Resources, LLC. CATEGORY 0 Discussion Mtg Date Motion tg Date 02/03/14 0 Resolution I tg Date El ()nit]; e A I IgDate E] Bid Award MIA Date 0 Public -lean' ng:0 Other l/g .Date Itg Date SPONSOR Council 111 Mayor El HR. J DCD ['Finance El T ire 0 IT E P&R 3olice Pv SPONSOR'S SUMMARY The Overlay and Repair - East Marginal Way South Project was advertised for bids on December 19 and 26, 2013. Six bids were opened January 14, 2014 with the low bid of $1,738,991.50 from Miles Resources, LLC. Miles Resources has successfully worked for other cities in the past and their bid is within budget. Council is being asked to award the bid to Miles Resources, LLC in the amount of $1,738,991.50. R\i[\v1D BY El COW Mtg. El CA&P Cmte Utilities Cmte fl Arts Comm. DATE: 01/27/14 1:1] F&S Cmte Transportation Cmte [1] Parks Comm. EJ Planning Comm. COMMITTEE CHAIR: ALLAN EKBERG RECOMMENDATIONS: sPoNsoRIADmIN Public Works CommITTLF Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE RI TIRED $1,738,991.50 AMOUNT BUDGETED APPROPRIATION REQUIRED $1,865,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS & 412 SURFACE WATER (PAGE 18, 2014 CIP) Comments: $65,000.00 will be funded from the Annual Small Drainage Program. MTG. DATE RECORD OF COUNCIL ACTION 02/03/14 MTG. DATE ATTACHMENTS 02/03/14 Informational Memorandum dated 01/24/14 Vicinity Map 2014 CIP, page 18 Bid Tabulation Consultant Recommendation Minutes from the Transportation Committee meeting of 01/27/14 73 74 City �City ��x Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: David Sorensen, Project Manager [)ATE: January 24, 2014 SUBJECT: Overlav and Repair - East Marqinal Way S (S 81st P1 to S Norfolk St) Project No. 91210406 Bid Award ISSUE Award the bid for construction of the Overlay and Repair - East Marginal Way South. BACKGROUND Project construction will include pavement repairs and an asphalt overlay of East Marginal Way S between S 81st PI and S Norfolk St. Work will also include new pavement markings, pedestrian safety upgrades, and storm water improvements. The main focus of the East Marginal Way S Overlay and Repair p ject is to preserve and maintain the street structure in a safe and useable condition by grinding off the top layer of asphalt and resurfacing it with new pavement. ANALYSIS A call for bids was advertised for the Overlay & Repair - Eas Marginal Way S on December 1 9 and 26, 2013 and six bids were opened on January 14, 2014. The lowest apparent bidder was Miles Resources, LLC, with a bid of $1.738.981.50. The engineer's estimate was $1.867.221.00. One error was found and corrected on the bid tabulations that did not change the results. WSDOT had minor concerns with DBE documents howevor, they concurred award to apparent low bidder Miles Resources, LLC. BUDGET AND BID SUMMARY (All amounts include sales tax As there are storm water improvements in the p ject, an additional $65,000 of budget will come from the Small Drainage Program 412 Fund. Bid Amount 2014 SmaII Drainage Program Contingency (5%) Total Bid Results Estimate 2014 Budget $1,738.991.50 $1,867'221.00 $1,800'000D0 65,000.00 86,949.58 $1 825 941.08 $1.867,221.00 $1,865.000.00 RECOMMENDATION Council is being asked to award the construction contract for the Overlay & R ir - East Marginal Way S P jecttoK1i|eaReaouvcem.LLCintheannountof$1.738.991.5Omndoonaiderthiehennon the Consent Agenda atthe February 3, 2014 Regular Meeting. Attachments: Vicinity Map 2014 /r Page 18 Bid Tabulation Consultant Recommendation WAPW Eng PROJECTS \A- RVVaRS Projects EMVV Overlay & Repair (91210406Mesign \Ad and Award DocsmWSDOT1DocswTC Bid Awarthinto Memo Bid Award Miles gl.doc 76 Project Location S 104 St Boeing S 107 S 10851 Rainier Golf & Country Club 11151 S 116 St S 113 St S 114 1 S 115 St 5 1175 S 20 St S 120 PL S 138 St S 133 St S 135 St City of Tukwila East Marginal Way South Pavement Resurfacing July 19, 2012 Vicinity Map 78 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Overlay and Repair - East Marginal Way S Project No 81210406 Construct pavement preparation and an asphalt overlay of Eas Marginal Way South between S 8lst P1 DESCRIPTION: and S Norfolk Street, including new pavement markings. JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure. STATUS: Advertise for construction bids in late 2013. MAINT. IMPACT: Reduces annual maintenance, COMMENT: Federal grant funding available through PSRC 2012 STP/CMAQ for $1,000,000. FINANCIAL Through Estimated in 000's 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL ' . EXPENSES Design 125 125 Land (R/VV) 0 ConaLMgmL 150 150 Construction 1.800 1.800 TOTAL EXPENSES 0 125 1.950 0 0 V 0 0 0 2.075 FUND SOURCES Awarded Grant U Proposed Grant 1.000 1.000 Mitigation Actual O Impact Fees 0 City Oper. 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S H.3000P�$ S fag CC $ 34800 'S S &.Fab ad H�- 990000:5 6IXt ®+ S 0000; S 0 40 saMPlastic 57 510 1 2•4410 � S 50QW 00 a TSW00� Tem ova - Pestats 30.00 LE S 059 5 15, 00 $ 4?CEAO' S CS0 s ®5 F.sWW 5 3,90.000 EINIIIMI Pt Mlle ufie, 1NIENNIENMIFAIIEMI s €60.20:0 22500 s 270000 $ 2x2.1 - s Jeav9 - $ 2.asano: $ 000-00 EIKKEDEMEMIKIII $ 52.0090, S 1115.62 5 22.666.00 lEINEMIUMINEEMINEMEILIIIKEREI . 111101•111ZMIUMEEKEIKI S 66x.00 $ 91040? ,m1 82 14:.PGr. 753 91hAvenue North Seattle, WA 98109 P: 206.286.1640 F: 206,286.1639 www,kpg,corn January 22, 2014 Mr. David Sorensen Project Manager City of Tukwila, Department of Public Works 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 RE: East Marginal Way South (S 81st P1 to S Norfolk St) Project No. 91210406 Recommendation for Contract Award Dear David, As requested, KPG has tabulated the bids and reviewed the bid packages submitted for the East Marginal Way South (S 81st P1 to S Norfolk St) project. The lowest bidder in the amount of $1,738,991.50 is Miles Resources, LLC. References listed in the Completed Construction Project Reference List provided by Miles Resources, LLC in their bid package confirmed that recently completed contracts with the contractor on similar roadway overlay projects were successful. We checked the status of Miles Resources LLC on the Washington State Labor and Industries web page to confirm they are currently licensed. We also checked the online System for Award Management and Miles Resources LLC does not have any active exclusion records listed. It is KPG's recommendation that the East Marginal Way South (S 81st P1 to S Norfolk St) project be awarded to Miles Resources LLC pending an independent review and recommendation by WSDOT. The bid tabulation is enclosed. Sincerely, KPG, Inc. Josh Fedora, P.E. / Enclosures: Bid Tabulation 83 84 Transportation Committee Minutes January 27, 2014 - Page 2 C. Bid Award: Overlay and Repair - East Marginal Way South Staff is seeking Council approval to award a bid to Miles Resources, LLC in the amount of $1,738.991.50 for the Overlay & Repair - East Marginal Way South Project. This project will include pavement repairs and an asphalt overlay of East Marginal Way South between South 81St Place and South Norfolk Street. Miles Resources, LLC was the lowest of six bids received earlier this month, and the bid is under the Engineer's estimate of $1,867,221.00. WSDOT concurred with the award after one error was discovered and corrected. An additional $65,000 for storm water improvements will come from the Small Drainage Program 412 Fund. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. D. 2014 Street Department Purchase: 10 King Luminaire Fixtures, Arms, and Poles Staff is seeking Council approval to purchase 10 King decorative green pedestrian light poles from Tacoma Electric in the amount of $44,128.50 for replacement and inventory. These have been used along TIB, South 144th Street, and the Tukwila Urban Center Access projects. There are currently 3 damanged poles on TIB and this purchase will replace those and establish an inventory of 7 for future replacement needs. All of the new fixtures use LED and each assembly costs $4,030. Tacoma Electric was the low bidder of three, and funds for this purchase will come from Street Lighting Supplies and Traffic Control Devices. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. E. King County Metro Transit Interurban Avenue South Leased Park and Ride Lot As information only, staff provided an overview of the status of the King County Metro Transit leased Park - and -Ride Lot on Interuban Avenue South. King County owns the large Park -and- Ride Lot located at 13445 Interurban Ave S, and for the last twenty years has leased the small parcel at the southwest corner of 52nd Avenue South as an auxiliary adjacent lot. Due to to a 50% increase in rent to $1500 per month, King County has chosen to terminate this lease effective January 31, 2014, resulting in the loss of 41 parking spaces. It is anticipated that the loss of commuter parking spaces could result in more complaints by residents as well as more parking enforcement activity by Police. King County Metro Transit is currently exploring all options to replace these parking spaces, and information will be shared with the Council when available. INFORMATION ONLY. III. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD) Meeting The December 17, 2013 meeting summary and January 21, 2014 agenda were included in the Committee packet. Tukwila was not in attendance at the December meeting. Committee members and staff discussed attendance at future meetings, which may vary depending on Councilmember availability. IV. MISCELLANEOUS Committee members and staff briefly discussed the 2014 work plan. Chair Ekberg mentioned he will provide notes from the Council Retreat, and that 53rd Avenue South street improvements were brought up as a focal point of interest. Staff confirmed that the 53rd Avenue South project is currently in the adopted Capital Improvement Program, with design and construction scheduled for 2015 -2017. Staff also confirmed that apprenticeship guidelines are expected to be provided to the Committee in March. Meeting adjourned at 5:53 p.m. Next meeting: Monday, February 10, 2014 Committee Chair Approval Minutes by LH, Reviewed by GL. 85 86 COUNCIL AGENDA S Aleeti IN Date Prepared b ; Ma3vr:r review Comcil review 02/03/14 BG J e4-- ITEM INFORMATION OASIS ITEM No. 3.1. STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA " ATE: 02/03/14 AGENDA -ITN TITLE Street Department's Purchase of 10 King Luminaire Fixtures, Arms, and Poles CATE7,GORY Di■-mssion Mit Date Motion AN Date 02/03/14 Resolution Alig Date El Ordinance ilvitg Date Bid „Award \Iig Dale El Public fleari lt,g Date 1] Other N Date SPONSOR J councii LI Da) El Finance El Fire D IT D i"R fl .PTIV SPONSOR'S SUMMARY This purchase is for 10 new King green pedestrian light fixtures. The pedestrian poles have been used along Tukwila International Blvd, S 3.4e St, and the TUC Access (Klickitat) interchange. We normally experience a loss of 3 poles each year, so this purchase will supplement the existing need and the remaining will be added to inventory. Council is being asked to purchase 10 King LED luminaires, arms, and poles from Tacoma Electric in the amount of $44,128.50. REVIEWED BY 0 COW Mtg. El CA&P Cmte Utilities Cmte El Arts Comm. ATE: 01/27/14 Ell IF&S Cmte Transportation Cmte I] Parks Comm. ID Planning Corrirn.. COMMITTEE CHAIR: ALLAN EKBERG RECOMMENDATIONS: spoNsolt/ADmiN Public Works Department CommITTEE Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPINDITURI: REQUIRED $44,128.50 Fund Source: 000.16 STREETS Comments: AMOUNT BUDGETED $216,000.00 APPROPRIATION REQUIRED $0.00 MTG. DATE RECORD OF COUNCIL ACTION 02/03/14 MTG. DATE 02/03/14 ATTACHMENTS Informational Memorandum dated 01/24/14 Competitive Quotes Minutes from the Transportation Committee meeting of 01/27/14 87 88 46146 r 40.6, 6, 6i ,1676, TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Stan Anderson, Street Department Superintendent DATE: January 24, 2014 SUBJECT: 2014 Street Department's Street Lighting Supplies Purchase of 10 King Luminaire Fixtures, Arms, and Poles ISSUE Approve the purchase of 10 King decorative pedestrian light poles from Tacoma Electric of Tacoma, WA for replacement and inventory. BACKGROUND This purchase is for 10 matching replacement King pedestrian light poles and fixtures that have been utilized along Tukwila International Blvd (TIB), S 144th St and the Tukwila Urban Center Access (Klickitat) Projects. Currently, there are 3 damaged poles on TIB and the pedestrian light pole inventory was depleted in 2013. In addition, we normally experience an average loss of 3 poles per year. All of the new lighting fixtures purchased use the LED version of the King Luminaires and each complete assembly costs $4,030. BUDGET SUMMARY Three competitive bids were received and Tacoma Electric was the low bidder. Purchase will be made out of the street lighting supplies and traffic control devices budgets. Purchase Budget 000.16.542.630.31.01 Street Lighting Supplies $44,128.50 $ 30,000.00 000.16.542.640.31.01 Traffic Control Devices 186,000.00 Total $44,128.50 $216,000.00 RECOMMENDATION Council is being asked to approve the purchase of 10 King pedestrian lighting poles and fixtures from Tacoma Electric in the amount of $44,128.50 and consider this item on the Consent Agenda at the February 3, 2014 Regular Meeting. Attachments: Competitive Quotes W:\Shared Copy Only \StarAKing Ped poles \ Info Memo LED Ped pole Purchase 1-24-14.docx 89 90 No. CITY OF TUKWILA 6200 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98188 433 -1800 VENDOR NAME & ADDRESS Tacoma Electric Supply VENDOR CODE Verbal Quote: DATE 1311 E. Tacoma way Written Quote: X Tacoma, WA 98401 Quantity Description Fund Dept Basub Element OBJ SubOBJ Amount 10 Pedestrian light pole w /arm and fixture $4030 ea 000 16 542 630 31 01 $40,300.00 For replacement stock Tax 9.5% $3828.50 Replacements to match existing poles on TIB, 144th and Urban Access project. $44,128.50 P.O. only no VISA CF: Project File: Other Sources: Sea -Tac lighting and controls Blueridge lighting Quote: $44,914.08 Quote: $45,162.38 Originator: Public Works — Maintenance & Operations 91 • TACOMA ELECTRIC SUPPLY iNC JOB NAME QUOTATION (Quotation goad 30 days) id Date: Cut attn: ).B. Shipping Point F.O.B Factory with fuli freight allowed to destination F,0,18, Destination ---"7-77:l7 7E' pag *Ccin ractor to verify all counts, voltages, wattages, finishicoior & dimensions. ow if-2. weeks for submittal drawings, and /t)-/7--weeks for manufacturing ment after release :and receipt of approved drawings. Salesman Signature. RO. Box 11308 Tacoma, WA 9841 53) 475-0540, Seattle:(206) 824-9592, To Free: (800) 422-0540 1311 South Tacoma Way, Tacorn A 9t9, Sales Fax: (253) 475-0707 Accounting Fax (253) 474-0092 16202' 57th Avenue East, Puyallup, WA 98375, (253) 531-7335, Fax (253) 531.-8 ° 8719 Commerce Place Drive NE, Lacey, WA 98515, (360) 943-3773, Fax (360) 352-92 92 QUOTE # KHS14 -0011 DATE: 01 -14 -14 PAGE 1 Sea -Tac Lighting & Controls, LLC. 4439 S. 134th PI. Bldg E Tukwila, WA 98168 www.seataclighting.com To: City Of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Remarks: Qty 10 Phone: 206 -575 -6865 Fax: 206- 575 -8013 Quotes Fax: 206- 575 -1557 Proj: TUKWILA DECO REPLACEMENT POLES ngr: Cont: TUKWILA, WA Mfg Description STR3 TUKWILA 16' DECO POLE, ARM & LUMINAIRE ASSEMBLY CONSISTING OF STR3 (1) K204 -FASH- III- 40(SSL)- 5000 - 120(MT)- STR3 KPL10- XPG -WJW /D STR3 (1) KA40 -T -1- 39.5 "- WJW /DG STR3 (1) KM9ORE- 16- WJW /DG STR3 (1) SHIPPING & HANDLING PER ASSEMBLY ANCHOR BOLTS ARE NOT INCLUDED Total =___ F.O.B. Per MFG Terms: Net 30 Days Lead time: Prices firm for entry by: 45 Days (Shipment by: Subject to manufacturer's published terms and conditions of sale. Quotation is void if changed. Complete quote must be used, no partials noted. No hardware or accessories are included, unless noted. ALL ballast quoted are not brand specific and are chosen at the factories discretion,unless noted. Verification of voltages, mounting methods,row information ceiling is the responsibility ofDistributor/Contractor and is required at time ......,. -o f order. Printed Printed 0 1/14L14 16:52:11 Per: ED ARISTO__ Unit Price 4098.00 Extd.Price $40980.00 unless otherwise style, finishes, etc. 93 QUOTE # KH014 -0024 DATE: 01 -14 -14 PAGE 1 Blueridge Lighting & Controls, LLC 1 5075 SW Koll Parkway, Suite K Phone: 503 - 644 -5618 Beaverton, OR 97006 Fax: 503 -644 -5619 To: CITY OF TUKWILA PUBLIC WORKS DEPT /MAINT DIV 600 MINKLER BLVD TUKWILA, WA 98188 206 - 433 -1860 Fax 206 - 575 -3404 Proj: TUKWILA DECO REPLACEMENT POLES TUKWILA, WA Arch: Engr: Spec: Cont: Remarks: Qty Type Mfg Description Unit Price Extd.Price 10 STR3 TUKWILA 16' DECO POLE, ARM & LUMINAIRE ASSEMBLY 4120.66 $41206.60 CONSISTING OF STR3 (1) K204 -FASH- III- 40(SSL)- 5000- 120(MT)- INCL STR3 KPL10- XPG -WJW /D STR3 (1) KA40 -T -1- 39.5 "- WJW /DG INCL STR3 (1) KM9ORE- 16- WJW /DG INCL STR3 (1) SHIPPING & HANDLING PER ASSEMBLY INCL NOTE ANCHOR BOLTS ARE NOT INCLUDED Total = = == $41206.60 F.O.B. Per MFG Terms: Net 30 Days Lead time: 155-11 Prices firm for entry by: 45 Days Shipment by: 60 Days q (b lrl0 This quotation is based SOLELY on information provided by you as of this date and time of quotation. A new quotation will be required IF there are any changes in the plans or specifications in the future by any addendums or other announcements. Verification of pole and /or fixture color, wattage and voltage MUST be received in writing prior to order. Blueridge Lighting & Controls CANNOT be held responsible for incomplete or inaccurate information. Additional freight charges may be incurred for pre- shipment of anchor bolts. Lamps are NOT included in pricing unless otherwise noted. Subject to manufacturer's published terms and conditions of sale. Quotation is void if changed. Complete quote must be used. Printed 01/14/14 15:18:02 Per: KRIS HARTNETT 94 Transportation Committee Minutes January 27, 2014 - Page 2 C. Bid Award: Overlay and Repair - East Marginal Way South Staff is seeking Council approval to award a bid to Miles Resources, LLC in the amount of $1,738.991.50 for the Overlay & Repair - East Marginal Way South Project. This project will include pavement repairs and an asphalt overlay of East Marginal Way South between South 81st Place and South Norfolk Street. Miles Resources, LLC was the lowest of six bids received earlier this month, and the bid is under the Engineer's estimate of $1,867,221.00. WSDOT concurred with the award after one error was discovered and corrected. An additional $65,000 for storm water improvements will come from the Small Drainage Program 412 Fund. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. D. 2014 Street Department Purchase: 10 King Luminaire Fixtures, Arms, and Poles Staff is seeking Council approval to purchase 10 King decorative green pedestrian light poles from Tacoma Electric in the amount of $44,128.50 for replacement and inventory. These have been used along TIB, South 144th Street, and the Tukwila Urban Center Access projects. There are currently 3 damanged poles on TIB and this purchase will replace those and establish an inventory of 7 for future replacement needs. All of the new fixtures use LED and each assembly costs $4,030. Tacoma Electric was the low bidder of three, and funds for this purchase will come from Street Lighting Supplies and Traffic Control Devices. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 3, 2014 REGULAR CONSENT AGENDA. E. King County Metro Transit Interurban Avenue South Leased Park and Ride Lot As information only, staff provided an overview of the status of the King County Metro Transit leased Park - and -Ride Lot on Interuban Avenue South. King County owns the large Park -and- Ride Lot located at 13445 Interurban Ave S, and for the last twenty years has leased the small parcel at the southwest corner of 52nd Avenue South as an auxiliary adjacent lot. Due to to a 50% increase in rent to $1500 per month, King County has chosen to terminate this lease effective January 31, 2014, resulting in the loss of 41 parking spaces. It is anticipated that the loss of commuter parking spaces could result in more complaints by residents as well as more parking enforcement activity by Police. King County Metro Transit is currently exploring all options to replace these parking spaces, and information will be shared with the Council when available. INFORMATION ONLY. III. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD) Meeting The December 17, 2013 meeting summary and January 21, 2014 agenda were included in the Committee packet. Tukwila was not in attendance at the December meeting. Committee members and staff discussed attendance at future meetings, which may vary depending on Councilmember availability. IV. MISCELLANEOUS Committee members and staff briefly discussed the 2014 work plan. Chair Ekberg mentioned he will provide notes from the Council Retreat, and that 53rd Avenue South street improvements were brought up as a focal point of interest. Staff confirmed that the 53rd Avenue South project is currently in the adopted Capital Improvement Program, with design and construction scheduled for 2015 -2017. Staff also confirmed that apprenticeship guidelines are expected to be provided to the Committee in March. Meeting adjourned at 5:53 p.m. Next meeting: Monday, February 10, 2014 Committee Chair Approval Minutes by LH, Reviewed by GL. 95 96 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Ma / review Council FM' elli 12/09/13 DJ T)4 02/03/14 DJ ITEM INFORMATION ITEM No. 4.A. STAFF SPONSOR: RICK STILL ORIGINAL /WEND 1 ATE,: 12/9/13 AGE-ND A Ii[ThM T1TLE Naming Pea Patch at Riverton Park CA"1"17k;ORY 4 Discussion MOD ale 12/9/13 ()lion Mtg Date 2014 Resolution Altg Date Ordinance iI/g .Date ',id Award Date El Public 1 Leath'', AI tg Date Other Afe:gDate SPONSOR E Council El Mayor HR J DCD induce ElI Pit? El IT .P&It 0 Police 0 PIP" SPONS(..)R.'S SUMMARY Consider recommendation from Park Commission by way of citizen request to change the name of the Pea Patch at Riverton Park to "Gully Gardens", in honor of Betty and Paul Gully. REVIEWED BY 111 COW Mtg. 14. CA&P Cmte El F&S Cmte El Transportation Cmte 111 Utilities Cmte 111 Arts Comm. I Parks Comm. Ell Planning Comm. .DATE: 11/25/13 COMMITTEE CHAIR: EKBERG RECOMMENDATIONS: SPoNsoR/AmuN, Parks and Recreation Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE RI I dr.). AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: "7. merits: MTG. DATE 12/9/13 RECORD OF COUNCIL ACTION Forward to 2/3/14 Regular Meeting MTG. DATE ATTACHMENTS 12/9/13 Informational Memorandum dated 11/18/13, with modifications underlined after CAP Letter from Ron Lamb Resolution 1400 (Naming City Property) Minutes from the 11/20/13 Park Commission Meeting Minutes from the 11/25/13 Community Affairs and Parks Committee Meetin 02/03/14 Resolution in final form 97 98 ty of Tu Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, NAMING THE PEA PATCH AT RIVERTON PARK AS "GULLY GARDENS." WHEREAS, Betty and Paul Gully were long-time residents of the City of Tukwila; and WHEREAS, Betty and Paul Gully were active in the community through their involvement with Scouts, the school district, the Rainier Symphony, and Tukwila Children's Foundation, among others; and WHEREAS, Betty and Paul Gully were recipients of the City's "Treasures of Tukwila" award in 2002; and WHEREAS, Betty and Paul's involvement, participation, and contributions to the community have inspired others, beyond their family; and WHEREAS, Betty and Paul believed that creating a community is like tending a garden, and that a community, like a garden, requires constant care and attention, and Betty and Paul were always there to provide that care and attention; and WHEREAS, Betty and Paul's example of service to their community can inspire all of us; and WHEREAS, the City of Tukwila Park Commission has agreed that Betty and Paul Gully should be honored by the naming of a City facility in their honor; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Pea Patch at Riverton Park shall be named "Gully Gardens." W:\Word Processing\Resolutions\Pea patch named Gully Gardens 1-27-14 DJ:bjs Page 1 of 2 99 100 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: W:\Word Processing\Resolutions\Pea patch named Gully Gardens 1-27-14 DJ:bjs Page 2 of 2 COUNCIL AGENDA S OPSIS Meat ug Date Prepared 4 Ma or's review Council review 12/09/13 DCS v /Pk 01/27/14 DCS /400tC 02/03/14 DCS ITEM INFORMATION ITEM No. 4.B. STAFF SPONSOR: DEREK SPECK ORIG NAL AGENDA DATE: 12/9/13 AGENDA ITEM -mu:, An ordinance vacating a portion of 41st Avenue South CATEGORY Discussion Mtg. Date 12/9/13 Motion MtA Date 12/9/13 Resolution Altg Date 12/9/13 Ordinance 114V, Date 2/3/14 Lil Bid Award Mg Date Public .Hearing Altg Date 1/27/14 Other Afis Date SPONSOR El Council Mayor I1R DCD Finance lire IT 0 P&R Police PW SPONSOR'S SUMMARY The Council is being asked to hold a public hearing and approve an ordinance vacating the portion of 41st Avenue South that adjoins South 144th Street. This street vacation is necessary for the Tukwila Village development to proceed. REA/IF id) BY Ej COW Mtg. Ei CA&P Cmte 111 Utilities Cmte 11 .Arts Comm. DATE: 11/26/13 111 F&S Cmte Transportation Crate Lil Parks Comm. El Planning Comm. COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPoNsoN/ADmiN. Department of Public Works and Mayor's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRIB) $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: Comments: MTG, DATE RECORD OF COUNCIL ACTION 12/9/13 Adoption of Resolution setting public hearing date of 1/27/14 MTG, DATE ATTACHMENTS 1/27/14 Informational Memorandum, dated 1/22/14 Ordinance in Draft Form Exhibit A: Legal description of street to be vacated Exhibit B: Survey map of street to be vacated Exhibit C: Temporary Access Easement (Normandy Court) with attachments D1, D2, D3 Exhibit D: Temporary Access Easement (Samara) with attachments D1, D2, and D3 2/3/14 Ordinance in final form with attachments 101 102 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS PORTIONS OF 41ST AVENUE SOUTH; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation procedures including a public hearing by resolution, review and comment, public notification, and submittal of relevant information to City Council; and WHEREAS, upon petition by the City, the City Council of the City of Tukwila passed Resolution No. 1810, dated December 9, 2013, fixing the time for a public hearing for vacation of right-of-way within the City of Tukwila dedicated for street purposes; and WHEREAS, the City Council conducted a public hearing on January 27, 2014 for the purpose of considering the vacation of portions of 41st Avenue South located in the City of Tukwila, at which time all persons interested in said vacation were invited to appear and be heard; and WHEREAS, following conclusion of the public hearing, the City Council found the property should be vacated, subject to certain conditions identified in this ordinance; and WHEREAS, utilities exist in the right-of-way being vacated; and WHEREAS, the City of Tukwila and Normandy Court Holdings, LLC are the property owners abutting the 41st Avenue South right-of-way; and WHEREAS, Samara Hubner Incorporated is a property owner with an easement connecting to the 41st Avenue South right-of-way; W: Word Processing \Ordinances\41st Ave S street vacation 1-22-14 DS:bis Page 1 of 3 103 104 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Vacation. The following property located in the City of Tukwila is hereby vacated: That portion of 41st Avenue South adjoining South 144th Street, as more particularly described in the legal description attached as Exhibit A and depicted on the map attached as Exhibit B. Section 2. Consideration. Because the vacation is petitioned by a government agency, which is the City of Tukwila, the City waives compensation requirements. Section 3. Conditions Precedent. This vacation is conditioned upon satisfaction of the following: 1. Execution of a temporary easement for pedestrian and vehicle access to the property located at 14225 42nd Avenue South known as the Normandy Court Apartments, King County Assessor Parcel No. 611110-0000. Such easement shall be in substantially the same form as that attached as Exhibit C. 2. Execution of a temporary easement for emergency vehicle access to the property at 14201 42nd Avenue South known as the Samara Apartments, King County Assessor Parcel Nos. 152304-9279 and 152304-9191. Such easement shall be in substantially the same form as that attached as Exhibit D. 3. Execution of a temporary easement benefitting Valley View Sewer District for the existing sewer main to remain in place until such time as it is relocated to facilitate the Tukwila Village Project. This temporary easement shall terminate upon execution of a permanent easement for Valley View Sewer's relocated facilities within the Tukwila Village Project area. 4. Execution of a temporary easement benefitting Water District 125 for the existing water main to remain in place until such time as it is relocated to facilitate the Tukwila Village Project. This temporary easement shall terminate upon execution of a permanent easement for Water District 125's relocated facilities within the Tukwila Village Project area. Section 4. Duties. A. The City Clerk is hereby directed to record a copy of this ordinance with King County, upon determination by the Public Works Director that the conditions referenced above have been satisfied. B. Upon the recording of a copy of the ordinance, the City Public Works Department shall amend the City's official street map to be consistent with this ordinance. W: Word Processing \O dinances\41st Ave S street vacation 1-22-14 DS:bjs Page 2 of 3 Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. Ordinance Effective Date. This ordinance shall take effect five days after passage and publication as provided by law; provided that the vacation specified above shall not become effective until the conditions contained herein have been fully satisfied. Section 8. Vacation Effective Date. This street vacation shall take effect once all the conditions have been met, and all documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Legal Description Exhibit B — Map Exhibit C — Temporary Access Easement (with Normandy Court Holdings, LLC) (plus Attachments C1, C2 and C3—with attachments C3a and C3b) Exhibit D — Temporary Access Easement (with Samara Hubner, Inc.) (plus Attachments D1, D2 and D3 —with attachments D3a and D3b) W: Word Processing \Ordinances \41st Ave S street vacation 1-22-14 DS:bjs Page 3 of 3 105 106 41st Avenue S. Vacation Documents Vacation Ordinance Exhibit A: Legal description of 41St Avenue S. Exhibit B: Map of 41St Avenue S. Exhibit C: Temporary Access Easement (for Normandy Court) • Attachment C1: Legal descriptions of Tukwila Village properties • Attachment C2: Depiction of Tukwila Village properties • Attachment C3: Permanent easement o Attachment C3a: Legal description of access easement o Attachment C3b: Map of access easement Exhibit D: Temporary Access Easement (for Samara) • Attachment D1: Legal descriptions of Tukwila Village properties • Attachment D2: Depiction of Tukwila Village properties • Attachment D3: Permanent easement o Attachment D3a: Legal description of access easement o Attachment D3b: Map of access easement 107 108 Exhibit A to Ord. No. LEGAL DESCRIPTION RIGHT -OF -WAY VACATION That portion of 41st Avenue South as dedicated by the Plat of Cherry Lane, recorded in Volume 48 of Plats, at Page 21, records of King County, Washington, Lying North of a line parallel with and 30.00 feet North of the South line of the Southeast quarter of the Southwest quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian. Containing approximately 23,967 square feet. Project Name: Tukwila Village Mav 31. 2012 109 110 Exhibit B to Ord. No. PARCEL A PARCEL o P. b®. 0 © =0 =$8 CI CA°. RIGHT —OF —WAY VACATION 23,967± S.F. O S ■ 14 4TH ST S DNE SE1/ /4 SEC.15 SCALE HORIZONTAL 1 ° =80' VERTICAL N/A G H A 18215 72ND AVENUE SOUTH KENT WA 98032 CO F (425)251 -6222 :i a (425)251-8782 FAX CIVIL ENGINEERING, LAND 7r o• PLANNING, SURVEYING, erw+ ENVIRONMENTAL SERVICES t DESIGNED XXX IDRAWN For: TUKWILA VILLAGE Title: RIGHT -OF -WAY VACATION BRIAN GILLOOLY Date /Time:5/31/2012 2:49 PM JOB NUMBER 15255 15255L.001.DOC SHEET 1 of STM !CHECKED BDG (APPROVED BDG DATE 05 -31 -12 111 112 Exhibit C to Ord. No. TEMPORARY ACCESS EASEMENT THIS TEMPORARY ACCESS EASEMENT ( "Easement ") dated , 2014 ( "Effective Date "), is granted to NORMANDY COURT HOLDINGS, a Washington limited liability company (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into a Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). The legal description of the parcels that make up the Property is attached hereto as Attachment C1 and depicted on the map attached hereto as Attachment C2. B. On or about the Effective Date, the City will vacate a portion of the right of way commonly known as 41st Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road will revert to the City by operation of law once the vacation is complete. C. Grantee is the owner of the property located at 14225 42nd Avenue South, known as the Normandy Court Apartments, King County Assessor Parcel No. 611110 -0000 (the "Normandy Court"). D. The Vacated Road is currently used for pedestrian and vehicular access to the Normandy Court. E. After completion of the Tukwila Village Project, the City or the City's successor in interest shall grant a permanent easement to Grantee to allow for pedestrian and vehicular access to the Normandy Court from Tukwila International Boulevard and South 144th Street. F. Temporary access to the Normandy Court by vehicles and pedestrians is necessary during construction of the Tukwila Village Project, and the City desires to grant such access, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 113 Exhibit C 1. Access Easement. The City grants to Grantee a temporary, non- exclusive easement for ingress and egress in, on, over, upon and across the Property in the form of a paved surface no less than 20 feet wide that will connect the Normandy Court Apartments to either Tukwila International Boulevard, South 144th Street, or both (the "Access Road "). The Access Road shall be relocated on the Property from time to time to accommodate construction of the Tukwila Village Project. 2. Reservation of Rights. The City and the City's designees reserve the right to use the Property for any purpose not inconsistent with the easement rights herein granted. 3. Successors.and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. 6. Termination. This Temporary Access Easement shall automatically terminate upon execution of a permanent access easement benefitting the Normandy Court that is in substantially the same form as that attached hereto as Attachment C3. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 114 Exhibit C STATE OF WASHINGTON ) COUNTY OF ) ) ss. On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 115 116 Attachment Cl Legal Descriptions of Tukwila Village Properties PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARKS GARDEN ADDITION TO THE CITY OF SEATTLE. AS PER PLAT RECORDED N VOLUME 13 OF PLATS. PAGE 12. RECORDS OF KING COUNTY AUDITOR: AND OF THE SOUTHEAST 114 OF THE SOUTHWEST 1:4 OF SECTION 15, TOWNTSHIP 23 NORTH. RANGE 4 EAST W.M.. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 114: THENCE SOUTH 01°27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1). DISTANT SOUTHERLY 250.50 FEET (AS MEASURED ALONG SAID EASTERLY LINE) FROM THE ThTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH S12.6 FEET OF SAID SOUTHEAST 114: THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LNE TO THE SOUTH LINE OF SAID LOT 9: THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF: THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 412377: THENCE EASTERLY ALONG SAID NORTH LINE TO A PONT WHICH BEARS SOUTH 01°27'30" WEST FROM THE TRUE POINT OF BEGINNING; THENCE CONTLNFUING EAST TO A PONT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4: THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET: THENCE NORTHWESTERLY TO THE TRUE PONT OF BEGINNNG. PARCEL A -1: A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY LLNE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A PONT ON THE NORTH LINE OF THE NORTH 395.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST Gtr. \I.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION: THENCE SOUTH 01 °27'30" WEST 200 FEET TO THE TRUE PONT OF BEGINNING OF THE SOUTHERLY' LINE OF THE EASEMENT HEREIN DESCRIBED: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY \LARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1) WHICH PONT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT N THE EAST MARGN OF SAID HIGHWAY DISTANT 23.40 FEET. MORE OR LESS, WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SAME IS PRODUCED WESTERLY: SITUATE IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON. 1 117 Attachment Cl Legal Descriptions of Tukwila Village Properties (continued) PARCEL B: THE NORTH 185.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1.031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST, V.M.. LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH): SITUATE IN THE CITY OF TtTWILA COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: LOTS 1 THROUGH 6 INCLUSIVE. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS. PAGE 21. IN KING LOUT i'Y. WASHINGTON: PARCEL D: THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYNG EASTERLY OF THE STATE HIGHWAY NO. 1: EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1158645: AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.1\4.. LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVLNG A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH. CONVEYED TO KLNG COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396: SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING. STATE OF WASHINGTON. PARCEL E: LOT A OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS. PAGE 21, IN KING COUNTY. WASHINGTON: PARCEL F: LOT B OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: 2 118 Attachment Cl Legal Descriptions of Tukwila Village Properties (continued) PARCEL G: THE NORTH 220 FEET OF LOT 7, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED LINT VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY, WASHINGTON: EXCEPT THE NORTH 132 FEET THEREOF: PARCEL H: LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS, PAGE 2 1, IN KING COUNTY. WASHINGTON; EXCEPT THE NORTH 220 FEET THEREOF: AND EXCEPT THE SOUTH S4 FEET THEREOF: PARCEL I: THE SOUTH S4 FEET OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY, WASHINGTON: Assessor tax parcel numbers: 152304- 9092 -02, 152304 - 9096 -08, 152304- 9242 -01, 155420- 0005 -09, 155420- 0010-02, 155420- 0015 -07, 155420 - 0020 -00, 155420 - 0030 -08, 155420 - 0036 -02, 155420- 0025 -00, 155420- 0037 -01, 155420- 0033 -05, 155420- 0035 -03, and 155420 - 0034 -04. 3 119 120 Attachment C2 Depiction of Tukwila Village Properties The parcels A through 1 as indicated on the map below. Parcel J is not included. Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. 0355 CVO 629$ 7 11,153t, 2ZA.?" 9152 I ' A 72. 1.5E10.1t. :4! 6 117G . /.!4■40""ies4 9591 .1■1P,I.3:1V0,1,Lt2m. 72 42 6 4:56.1.4) 4-xtn i1925 <C5L- 173%g 31 3 .3* 1 PAAVU...1 " E 4 „ snOra Oaf. • U•A • V. st: Normandy Court te-Orda) Mt X. n 611110 !nt — . !?! imi717 121 122 Attachment C3 to Temporary Access Easement ACCESS EASEMENT THIS ACCESS EASEMENT ( "Easement ") dated 2014 ( "Effective Date "), is granted to NORMANDY COURT HOLDINGS, a Washington limited liability company (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into the Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). B. On , the Tukwila City Council passed Ordinance No. , vacating a portion of the right -of -way commonly known as 41St Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road reverted to the City by operation of law once the vacation was complete. C. Grantee is the owner of the property located at 14225 42nd Avenue South, known as the Normandy Court Apartments, King County Assessor Parcel No. 611110 -0000 (the "Normandy Court") which was previously accessed via the Vacated Road. D. On , the City granted Grantee a temporary easement to allow vehicle and pedestrian access to the Normandy Court during construction of the Tukwila Village Project. E. The City now desires to grant a permanent easement for vehicular and pedestrian access to the Normandy Court, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: , 123 Attachment C3 1. Access Easement. The City grants Grantee a permanent, non - exclusive easement for ingress and egress by pedestrians and vehicles in, on, over, upon and across the property legally described in Attachment C3a attached hereto and depicted on Attachment Cab attached hereto (the "Easement Area "). 2. Reservation of Rights. The City reserves the right to use the Easement Area for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 124 Attachment C3 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 125 126 Attachment C3a LEGAL DESCRIPTION OF ACCESS EASEMENT That portion of Parcels A, B and C of City of Tukwila Boundary Line Adjustment No. recorded under King County Recording No. , more particularly described as follows: COMMENCING at the Southeast corner of said Parcel 8; THENCE North 87 °35'31" West, 139.18 feet along the South line of said Parcel C to the TRUE POINT OF BEGINNING; THENCE North 01 °27'33" East, 155.74 feet to a point on a non - tangent curve, the radius of which bears North 88 °32'36" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 77.00 feet, through a central angle of 59 °20'42 ", and an arc length of 79.75 feet to a point of reverse curvature; THENCE Northwesterly along the arc of a curve to the right, having a radius of 30,00 feet, through a central angle of 66 °18'18 ", and an arc length of 34.72 feet; THENCE North 08 °25'00" East, 71.74 feet to a point of tangency; THENCE Northerly along the arc of a curve to the left, having a radius of 213.00 feet, through a central angle of 06 °57'36", and an arc length of 25.87 feet; THENCE North 01°27'24" East, 108.76 feet to a point on a non - tangent curve, the radius of which bears South 68 °07'36" East; THENCE Northeasterly along the arc of a curve concave to the Southeast, having a radius of 2.00 feet, through a central angle of 18 °19'51 ", and an arc length of 0.64 feet to a point of compound curvature; THENCE Northeasterly along the arc of a curve to the right, having a radius of 9.98 feet, through a central angle of 50 °49'27 ", and an arc length of 8.85 feet; THENCE South 88 °58'18" East, 7.92 feet to the East line of said Parcel A; THENCE North 07 °1512" West, 28.29 feet along said East line; THENCE North 88 °32'36" West, 3.73 feet to a point on a non - tangent curve, the radius of which bears North 06 °07'01" East; THENCE Northwesterly along the arc of a curve concave to the Northeast, having a radius 0110.08 feet, through a central angle of 72 °43'12 ", and an arc length of 12.79 feet to a point on a non - tangent curve, the radius of which bears South 78 °59'31" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 46.00 feet, through a central angle of 77 °32'07 ", and an arc length of 62.25 feet; THENCE North 88 °32'36" West, 42.62 feet to a point of tangency; THENCE Westerly along the arc of a curve to the right, having a radius of 100.73 feet, through a central angle of 11°0116", and an arc length of 19.38 feet; THENCE North 80 °15'52" West, 17.62 feet to the North line of said Parcel A; THENCE South 73 °14'00" West, 21.80 feet along said North line to the Northwest corner of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 80 °09'16" West; THENCE Southerly along the West line of said Parcel A, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °28'32 ", and an arc length of 16.27 feet; Project Name: Tukwila Village August 6, 2013 Page 1 of 2 BDG 15255L.006.doc Exhibit: 15255EX106- ACC.dwg 127 Attachment C3a Continued LEGAL DESCRIPTION OF ACCESS EASEMENT THENCE South 80 °15'52" East, 36.64 feet to a point on a non- tangent curve, the radius of which bears North 12 °10'48" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 126.73 feet, through a central angle of 10 °43'25 ", and an arc length of 23.72 feet; THENCE South 88 °32'36" East, 42.62 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the right, having a radius of 20.00 feet, through a central angle of 90 °00'00 ", and an arc length of 31.42 feet; THENCE South 01 °27'24" West, 138.99 feet to a point of tangency; THENCE Southerly along the arc of a curve to the right, having a radius of 187.00 feet, through a central angle of 06 °57'36 ", and an arc length of 22.72 feet; THENCE South 08 °25'00" West, 71.74 feet to a point of tangency; THENCE Southwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °18'18 ", and an arc length of 34.72 feet to a point of reverse curvature; THENCE Southwesterly along the arc of a curve to the left, having a radius of 77.00 feet, through a central angle of 24 °53'19 ", and an arc length of 33.45 feet to a point of reverse curvature; THENCE Westerly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 42 °57'03 ", and an arc length of 22.49 feet; THENCE North 71 °1417" West, 104.01 feet; THENCE North 70 °32'36" West, 6.50 feet to the West line of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 71 °23'01" West; THENCE Southerly along said West line, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °45'36 ", and an arc length of 26.00 feet; THENCE South 70 °32'36" East, 6.30 feet; THENCE South 71°33'50" East, 111.52 feet to a point on a non - tangent curve, the radius of which bears North 03 °43'25" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 53.00 feet, through a central angle of 44°50'01", and an arc length of 41.47 feet to a point of reverse curvature; THENCE Southeasterly along the arc of a curve to the right, having a radius of 51.00 feet, through a central angle of 132°34'01", and an arc length of 118.00 feet; THENCE South 01 °27'24" West, 155.31 feet to the South line of said Parcel C; THENCE South 87 °35'31" East, 26.00 feet along the South lines of said Parcels C and B to the TRUE POINT OF BEGINNING. Project Name: Tukwila Village August 6, 2013 BDG 15255L.006.doc Exhibit: 15255EXH06- ACC.dwg 128 Page 2 of 2 Attachment C3b MAP OF ACCESS EASEMENT GRAPHIC SCALE 0 75 150 300 150 FEET z S cc Date/Time:8/6/2013 7:10 PM I� SCALE: HORIZONTAL 1' =150' VERTJCAL N/A 18215 72ND AVENUE SOUTH KENT, WA 98032 425)251 -6222 251 -8782 FAX Title: CML ENGINEERING, LAND ACCESS `4r bpo 9 PENTIROLVATTACES EASEMENT EXHIBIT For: TUKWILA VILLAGE JOB NUMBER 15255 15255L006.DOC SHEET ` DEIGNED iX (DRAWN ADG JCHECKED [APPRoVEo J IRATE 08 -02 -13 129 130 Exhibit D to Ord. No. TEMPORARY ACCESS EASEMENT THIS TEMPORARY ACCESS EASEMENT ( "Easement ") dated , 2014 ( "Effective Date "), is granted to SAMARA HUBNER INC., a Washington corporation (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into a Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). The legal description of the parcels that make up the Property is attached hereto as Attachment D1 and depicted on the map attached hereto as Attachment D2. B. On or about the Effective Date, the City will vacate a portion of the right of way commonly known as 41st Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road will revert to the City by operation of law once the vacation is complete. C. Grantee is the owner of the property located at 14201 42nd Avenue South, known as the Samara Apartments, King County Assessor Parcel Nos. 152304 -9279 and 152304 -9191 (the "Samara "). D. The Vacated Road is currently used for emergency vehicle access to the Samara. E. After completion of the Tukwila Village Project, the City or the City's successor in interest shall grant a permanent easement to Grantee to allow for emergency vehicle access to the Samara from Tukwila International Boulevard and South 144th Street. F. Temporary access to the Samara by emergency vehicles is necessary during construction of the Tukwila Village Project, and the City desires to grant such access, subject to the terms and conditions set forth in this easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made by Grantor: 131 Exhibit D 1. Access Easement. The City grants to Grantee a temporary, non- exclusive easement for ingress and egress by emergency vehicles in, on, over, upon and across the Property in the form of a paved surface no less than 20 feet wide that will connect the Samara to either Tukwila International Boulevard, South 144th Street, or both (the "Access Road "). The Access Road shall be relocated on the Property from time to time to accommodate construction of the Tukwila Village Project. 2. Reservation of Rights. The City and the City's designees reserve the right to use the Property for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. 6. Termination. This Temporary Access Easement shall automatically terminate upon execution of a permanent access easement benefitting the Samara that is in substantially the same form as that attached hereto as Attachment D3. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 132 Exhibit D STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 133 134 Attachment Dl Legal Descriptions of Tukwila Village Properties PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARKS GARDEN ADDITION TO THE CITY OF SEATTLE, AS PER PLAT RECORDED LN VOLUME 13 OF PLATS. PAGE 12, RECORDS OF KING COUNTY AUDITOR: AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF' THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTH 01'27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1). DISTANT SOUTHERLY 250.50 FEET (AS MEASURED ALONG SAID EASTERLY LINE) FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH 812.6 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9: THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF: THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 412377; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT WHICH BEARS SOUTH 01°27'30" WEST FROM THE TRUE POINT OF BEGINNING; THENCE CONTLNLING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4: THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET; THENCE NORTHWESTERLY TO THE TRUE PONT OF BEGINNING. PARCEL A -1: A NON - EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY LLNE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A PONT ON THE NORTH LINE OF THE NORTH 398.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. 100 FEET DISTAtiT EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION: THENCE SOUTH 01 °27'30" WEST 200 FEET TO THE TRUE PONT OF BEGINNING OF THE SOUTHERLY LINE OF THE EASEMENT HEREIN DESCRIBED: THENCE SOUTHWESTERLY TO A PONT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1) WHICH POINT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT IN THE EAST MARGIN OF SAID HIGHWAY DISTANT 23.40 FEET. MORE OR LESS. WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SAME IS PRODUCED WESTERLY; SITUATE IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON. 1 135 Attachment D1 Legal Descriptions of Tukwila Village Properties (continued) PARCEL B: THE NORTH 185.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1.031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST, WM.. LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH): SITUATE IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON. PARCEL C: LOTS 1 THROUGH 6 INCLUSIVE, CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY. WASHINGTON: PARCEL D: THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYING EASTERLY OF THE STATE HIGHWAY NO. 1: EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1158645: AND EXCEPT THAT PORTION OF THE SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVLNG A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH. CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396: SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON. PARCEL E: LOT A OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4S OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: PARCEL F: LOT B OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A PORTION OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON: 2 136 Attachment Di Legal Descriptions of Tukwila Village Properties (continued) PARCEL 0: THE NORTH 220 FEET OF LOT 7, CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED N VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON; EXCEPT THE NORTH 132 FEET THEREOF: PARCEL H: LOT 7, CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21. IN KING COUNTY. WASHINGTON; EXCEPT THE NORTH 220 FEET THEREOF: AND EXCEPT THE SOUTH 84 FEET THEREOF: PARCEL I: THE SOUTH 84 FEET OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY, WASHINGTON: Assessor tax parcel numbers: 152304 - 9092 -02, 152304 - 9096 -08, 152304 - 9242 -01, 155420 - 0005 -09, 155420- 0010-02, 155420- 0015 -07, 155420 - 0020 -00, 155420 - 0030 -08, 155420 - 0036 -02, 155420- 0025 -00, 155420 - 0037 -01, 155420 - 0033 -05, 155420 - 0035 -03, and 155420- 0034 -04. 3 137 138 Attachment D2 Depiction of Tukwila Village Properties The parcels A through I as indicated on the map below. Parcel J is not included. Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. 1 139 140 Attachment D3 to Temporary Access Easement ACCESS EASEMENT THIS ACCESS EASEMENT ( "Easement ") dated 2014 ( "Effective Date "), is granted to SAMARA HUBNER INC, a Washington corporation (the "Grantee ") by the CITY OF TUKWILA, a Washington municipal corporation (the "City" or "Grantor "). RECITALS A. On December 21, 2012, the City entered into the Development Agreement for the Tukwila Village Project to develop a number of parcels along Tukwila International Boulevard in the vicinity of South 144th Street (the "Property "). B. On , the Tukwila City Council passed Ordinance No. , vacating a portion of the right -of -way commonly known as 41St Avenue South (hereinafter referred to as "Vacated Road ") to facilitate construction of the Tukwila Village Project. Title to the real property comprising the Vacated Road reverted to the City by operation of law once the vacation is complete. C. Grantee is the owner of the property located at 14201 42nd Avenue South, known as the Samara Apartments, King County Assessor Parcel Nos. 152304 -9279 and 152304 -9191 (the "Samara "), which was previously accessed via the Vacated Road. D. On , the City granted Grantee a temporary easement to allow for emergency vehicle access to the Samara during construction of the Tukwila Village Project. E. The City now desires to grant a permanent easement for emergency vehicle access to the Samara, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. Access Easement. The City grants Grantee a permanent, non - exclusive easement for ingress and egress by emergency vehicles in, on, over, upon and across the property legally described in Attachment D3a attached hereto and depicted on Attachment D3b attached hereto (the "Easement Area "). 141 Attachment D3 2. Reservation of Rights. The City reserves the right to use the Easement Area for any purpose not inconsistent with the easement rights herein granted. 3. Successors and Assigns. The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 4. Amendments. This Easement contains all covenants and agreements with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this easement shall not be altered, modified or added to except in writing signed by the parties to the Easement, and the original thereof recorded in the real property records of King County, Washington. 5. Severability. In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: Jim Haggerton ITS: Mayor 142 Attachment D3 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal on the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 143 144 Attachment D3a LEGAL DESCRIPTION OF ACCESS EASEMENT That portion of Parcels A, B and C of City of Tukwila Boundary Line Adjustment No. recorded under King County Recording No. , more particularly described as follows: COMMENCING at the Southeast corner of said Parcel B; THENCE North 87 °35'31" West, 139.18 feet along the South line of said Parcel C to the TRUE POINT OF BEGINNING; THENCE North 01°27'33" East, 155.74 feet to a point on a non - tangent curve, the radius of which bears North 88 °32'36" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 77.00 feet, through a central angle of 59 °20'42 ", and an arc length of 79.75 feet to a point of reverse curvature; THENCE Northwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °18'18 ", and an arc length of 34.72 feet; THENCE North 08 °25'00" East, 71.74 feet to a point of tangency; THENCE Northerly along the arc of a curve to the left, having a radius of 213.00 feet, through a central angle of 06 °57'36 ", and an arc length of 25.87 feet; THENCE North 01 °27'24" East, 108.76 feet to a point on a non - tangent curve, the radius of which bears South 68 °07'36" East; THENCE Northeasterly along the arc of a curve concave to the Southeast, having a radius of 2.00 feet, through a central angle of 18°19'51", and an arc length of 0.64 feet to a point of compound curvature; THENCE Northeasterly along the arc of a curve to the right, having a radius of 9.98 feet, through a central angle of 50 °4927 ", and an arc length of 8.85 feet; THENCE South 88 °58'18" East, 7.92 feet to the East line of said Parcel A; THENCE North 07 °15'12" West, 28.29 feet along said East line; THENCE North 88 °32'36" West, 3.73 feet to a point on a non- tangent curve, the radius of which bears North 06 °07'01" East; THENCE Northwesterly along the arc of a curve concave to the Northeast, having a radius of 10.08 feet, through a central angle of 72 °43'12 ", and an arc length of 12.79 feet to a point on a non - tangent curve, the radius of which bears South 78 °59'31" West; THENCE Northwesterly along the arc of a curve concave to the Southwest, having a radius of 46.00 feet, through a central angle of 77 °32'07 ", and an arc Length of 62.25 feet; THENCE North 88 °32'36" West, 42.62 feet to a point of tangency; THENCE Westerly along the arc of a curve to the right, having a radius of 100.73 feet, through a central angle of 11°01'16", and an arc length of 19.38 feet; THENCE North 80 °15'52" West, 17.62 feet to the North line of said Parcel A; THENCE South 73 °14'00" West, 21.80 feet along said North line to the Northwest corner of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 80 °09'16" West; THENCE Southerly along the West line of said Parcel A, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °28'32 ", and an arc length of 16.27 feet; Project Name: Tukwila Village August 6, 2013 Page 1 of 2 BDG 15255L.006.doc Exhibit: 1 5255 EXH06 -ACC. dwg 145 Attachment D3a Continued LEGAL DESCRIPTION OF ACCESS EASEMENT THENCE South 80 °15'52" East, 36.64 feet to a point on a non - tangent curve, the radius of which bears North 12 °10'48" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 126.73 feet, through a central angle of 10 °43'25 ", and an arc length of 23.72 feet; THENCE South 88 °32'36" East, 42.62 feet to a point of tangency; THENCE Southeasterly along the arc of a curve to the right, having a radius of 20.00 feet, through a central angle of 90 °00'00 ", and an arc length of 31.42 feet; THENCE South 01 °27'24" West, 138.99 feet to a point of tangency; THENCE Southerly along the arc of a curve to the right, having a radius of 187.00 feet, through a central angle of 06 °57'36 ", and an arc length of 22.72 feet; THENCE South 08 °25'00" West, 71.74 feet to a point of tangency; THENCE Southwesterly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 66 °18'18 ", and an arc length of 34.72 feet to a point of reverse curvature; THENCE Southwesterly along the arc of a curve to the left, having a radius of 77.00 feet, through a central angle of 24 °53'19 ", and an arc length of 33.45 feet to a point of reverse curvature; THENCE Westerly along the arc of a curve to the right, having a radius of 30.00 feet, through a central angle of 42 °57'03 ", and an arc length of 22,49 feet; THENCE North 71 °14'17" West, 104.01 feet; THENCE North 70 °32'36" West, 6.50 feet to the West line of said Parcel A, being to a point on a non - tangent curve, the radius of which bears North 71 °23'01" West; THENCE Southerly along said West line, along the arc of a curve concave to the West, having a radius of 1,960.00 feet, through a central angle of 00 °45'36 ", and an arc length of 26.00 feet; THENCE South 70 °32'36" East, 6.30 feet; THENCE South 71°33'50" East, 111.52 feet to a point on a non - tangent curve, the radius of which bears North 03 °43'25" East; THENCE Easterly along the arc of a curve concave to the North, having a radius of 53.00 feet, through a central angle of 44°50'01", and an arc length of 41.47 feet to a point of reverse curvature; THENCE Southeasterly along the arc of a curve to the right, having a radius of 51.00 feet, through a central angle of 132 °34'01 ", and an arc length of 118.00 feet; THENCE South 01°27'24" West, 155.31 feet to the South line of said Parcel C; THENCE South 87 °35131" East, 26.00 feet along the South lines of said Parcels C and B to the TRUE POINT OF BEGINNING. Project Name: Tukwila Village August 6, 2013 BOG 15255L.006.doc Exhibit: 15255EXH06- ACC.dwg 146 Page 2 of 2 Attachment D3b MAP OF ACCESS EASEMENT GRAPHIC SCALE SCALE: HORIZONTAL 1"=150' VERTICAL N/A 18215 72ND AVENUE SOUTH KENT, WA 98032 Z (425)251 -6222 (425)251 -8782 FAX CML ENGINEERING, LAND PLANNING, SURVEYING, +NEB ENVIRONMENTAL SERVICES t DESIGNED XXX !DRAWN BDG 1 For: TUKWILA VILLAGE 0 z ce m Date/Time:8/6/2013 7:10 PM C.) C) c0 0 :\15000A15255\ survey \ 15255t JOB NUMBER 15255 15255L.006.00C Title: ACCESS EASEMENT EXHIBIT CHECKED BDG [APPROVED._BDL 1 DATE SHEET 1 of 1 08 -02 -13 147 148 COUNCIL AGENDA SYNOPSIS Mee/in g Date Prepared by Mayor's review Countil review 02/03/14 KAM e/r)---- ITEM INFORMATION ITEM No. 5 STAFF SPONSOR: KIMBERLY MATE) ORIGINAL AGENDA DATE: 02/03/14 AGEND.A ITEM TITLE Community Schools Collaboration - Funding Request CATEGORY 01.46. .D is cussion .Mtg Date 02/03/14 El Motion Mg Date LI Resolution Altg Date El Ordinance Alts Date Bid Award Mtg Date .1,ubfic..Flearing Mtg Date Other tg Date S PON SO R L comm./7 HR LJ DCD .Finance OF ire 1 IT 111 &R Police 11 PW SPONSOR'S SUMMARY Community Schools Collaboration will not be able to provide after school extended day programs to Tukwila's three elementary schools for the remainder of the current school year, unless additional funding is provided to the program. RI VEEWED BY ID COW Mtg. LI Utilities Cmte DATE: N/A CA&P Cmte Arts Comm. F&S Cmte Parks Comm. COMMITTEE CHAIR: El Transportation Cmte El Planning Comm. RECOMMENDATIONS: SPoNsoR/AnNEN, Council Com m rrim COST IMPACT / FUND SOURCE EXPENDITUItE REQI $22,000 AMOUNT BUDGE TED $0.00 APPROPRIATION REQUIRED $22,000 Fund Source: TO BE DETERMINED Comments: To be determined during Council discussion MTG. DATE RECORD OF COUNCIL ACTION 02/03/14 MTG. DATE ATTACHMENTS 2/3/14 Informational Memorandum dated 1/30/14 149 150 TO: Mayor Haggerton City Council FROM: Kimberly Matej, Government Relations Manager DATE: January 30, 2014 SUBJECT: Community Schools Collaboration Funding Request City of Tukwila MEMORANDUM Jim Haggerton, Mayor ISSUE The Community Schools Collaboration (CSC) is currently faced with financial sustainability issues, and is not able to provide extended day — afterschool programs and services in Tukwila School District's three elementary schools though the reminder of the current school year unless additional funding is provided to the program. FINANCIAL IMPACT Currently, the City has committed to providing CSC $100,000 annually in the 2013 -14 biennial budget. This is approximately 20% of CSC funding sources. The City Council is being asked to consider providing an additional $22,000 to assist CSC in providing services in the elementary schools for the remainder of the school year. As of the writing of this memo, staff is working to identify potential budget areas for funding, if the Council determines funding is appropriate. Those options will be presented at the Council meeting on Monday, February 3, 2014. BACKGROUND Community Schools Collaboration is a non - profit organization that began in 1998. CSC utilizes the nationally recognized, research -based "full- service community schools" model, combining direct services with strong partnerships with families, cities, school districts, and other community -based organizations. The City recognizes that these extended -day — afterschool programs and services are greatly needed by our residents. In the past, the City provided in -kind assistance to assist the CSC program, and in more recent years in -kind services have been replaced with direct funding. The Tukwila School District has also been a partner with the City in endeavors to support CSC. DISCUSSION Without additional funds, CSC will not be able to provide after school program offerings in Tukwila's three elementary schools. CSC is in need of an additional $55,000. The Tukwila School District has committed to providing $25,000, and the City Council is being asked to consider providing the remainder of the funding needed in the amount of $22,000. 151 152 mon City of Tukwila Jim Haggerton, Mayor CITY ADMINISTRATOR REPORT The City of opportunity, the community of choice TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: January 29, 2014 SUBJECT: Report for February 3, 2014 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Soundside Alliance: Councilmember Hougardy and staff attended the Soundside Alliance Executive Committee meeting on January 15. Councilmember Hougardy agreed to serve as Acting Chair until elections are held. Staff also attended the steering committee meeting on January 23. The Alliance is planning to host a business development event this Spring. • Afterschool Programming: Staff had a meeting with CSC and School District representatives on January 23 to provide and discuss opportunities and costs associated with the City's Parks & Recreation Department providing extend -day after school programming to Tukwila's three elementary schools through the remainder of the school year. The meeting concluded with CSC and School District staff agreeing to meet separately in order to determine if CSC costs could be reduced any further. City staff is gathering information from dialogue between CSC and the School District as well as conversations from the recent City Council Retreat. This item will be discussed further at the February 3 Council meeting. • South Kinq Council of Human Services: Human Services staff participated in South King Council of Human Services on Tuesday, January 28 providing input and questions to a variety of governmental representatives including King County Public Health Director, Director of Community and Human Services, Deputy Director of Senior Services etc. regarding the update to the King County Health and Human Services Transformation plan. • AWC City Action Days: Mayor Haggerton, several councilmembers and staff attended AWC's annual Legislative Conference January 29 & 30. While in Olympia Mayor Haggerton had the opportunity to speak to the Conference attendees as well as testify at a Committee hearing about the Public Works Trust Fund. II. Staff Updates Project Updates • Tukwila International Boulevard Action Committee: Staff attended the January meeting to brief TIBAC on this year's Comprehensive Plan Update and specifically the Economic Development and Transportation Corridors chapters. Opportunities to participate in updating the Plan and to announce the upcoming TIB Community Conversations meeting on March 6 were discussed. 153 City Administrator Report Page 2 • Thorndyke Elementary Safe Routes to School: Staff attended the kick -off meeting for the Safe Routes to School project at Thorndyke Elementary. The project includes construction of a sidewalk on one side of S. 150th Street between 42nd Ave S and Tukwila International Blvd, examination of whether a formalized crosswalk can be added to S. 150th Street in the area in front of the school, and education, outreach, and encouragement activities. • Traveler's Choice Motel: The City is in negotiations with the U.S. Attorney's Office and lienholders to purchase the Traveler's Choice motel, which was seized by the Federal Government last August. On January 21, 2014 the City Council authorized the Mayor to purchase the property for up to $900,000. • Transit Center /Andover Park West: A Business coordination meeting was held on Wednesday, January 29, 2014 for all businesses in the construction area. The contractor, Road Construction Northwest, has been issued a Notice to Proceed for February 10, so mobilization of the site will slowly begin after that date. • Storm Lift Station #15 at 5880 S 180th St (Southcenter Pkwy and S 180th St): Electrical work is currently underway as the new generator was installed in late December. • Duwamish Gardens: An update will be presented to the Community Affairs and Parks Committee meeting on February 11. There is a potential for expansion of the habitat site north to the Sleeping Tiger property off of Tukwila International Blvd. The new site's name would be Chinook Wind. There are various granting agencies that may be able to fully fund the property acquisition of the 5.83 acres. • Strategic Plan Implementation: The City is continuing to provide Cultural Awareness training to staff and Councilmembers as a way to increase cultural competence and support our community outreach efforts. Workshops are scheduled for February and May. Staff met to further develop plans for upcoming community meetings regarding the Comprehensive Plan. Community Services • Joint Human Services Community Development Meeting: Human Services is working with DCD Director and Housing Development Consortium regarding the second joint meeting between Human Service Planners /managers and Community Development Directors. Tentative topics include the Comprehensive plan. 154 Upcoming Meetings & Events February 2014 3rd (Monday) 4th (Tuesday) 5th (Wednesday) 6th (Thursday) 7th (Friday) 8th (Saturday) > Civil Service Commission, 5:00 PM (Hazelnut Conference Room, previously known as CR #3) ➢ Utilities Crate, 5:15 PM (Foster Conference Room, previously known as CR #1) ➢ City Council Executive Session, 6:00 PM NOTE Hazelnut Conference Room, previously known as (CR #3) ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) ➢ Chamber f ➢ Equity & Diversity Commission, 5:15 PM Hazelnut Conference Room, previously known as (CR #3) Council Chat 10:00 AM to 12:00 NooN Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Foster Golf Links Clubhouse (13500 Interurban Ave S) Commerce Gov't. & Community* Affairs Crate, Rescheduled to 2/12 ➢ Finance & Safety Crate, y 5:30 PM Hazelnut Conference Room, previously known as( CR #3) Arts Commission, 5:30 PM (Community Center) ➢ Library Advisory Board, 7:00 PM (Community Center) 10th (Monday) 11th (Tuesday) 12th (Wednesday) 13th (Thursday) 14th (Friday) 15th (Saturday) ➢ Transportation Crate, 5:15 PM (Foster Conference Room, previously known as CR #1) ➢ City Council Committee of the Whole Mtg., 7:00 :00 PM (Council Chambers) ➢ Community Affairs & Parks Crate, 5:30 PM Hazelnut Conference Room, previously known as (CR #3) > International Boulevard Action Crate, 7:00 PM (Community Center) ➢ Chamber of Commerce Gov't. & Community Affairs Crate, 11 AM - 1:00 PM (Community Center) Rescheduled from 2/4 Restore the Duwamish Shoreline Challenge 1:00 - 4:00 PM Meet at the Green River Trail @ BECU Campus (12770 Gateway Drive) Visit: forterraorg /events for information & registration. > Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. > Chamber of Commerce's Tukwila Government and Commun'ty Affairs Committee: Quarterly, 12:00 Noon, Chamber Offices. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206 -431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Joyce Trantina at 206 - 433 -1850. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room (A) A resolution adopting the City's Comprehensive Emergency Management Plan (CEMP). (B) A resolution relating to the "Tukwila, City of Opportunity" Scholarship. (C) 2013 3'd Quarter miscellaneous revenue report. > Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 -767 -2342. >Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206 -575- 2489. > Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf. Room >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room (A) Ordinance for Franchise Agreement with tvi telecom of Washington llc. (B) Sewer Repair at 6450 Southcenter Blvd. Change order No. 1 to Contract No. 13 -181. (C) Brisco/Desimone Levee Interlocal Agreement with the City of Kent. 155 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. February 3 See agenda packet cover sheet for this week's agenda (February 3, 2014 Regular Meeting). 10 Special Issues: 18 (Tuesday) Unfinished Business: 24 Public Hearing: An ordinance adopting the PROS Plan. An ordinance adopting the PROS Plan. An ordinance authorizing a Development Agreement with Odin Brewery. Special Issues: -An ordinance authorizing a Development Agreement with Odin Brewery. - Historic Preservation: An ordinance updating historic landmarks within the City. An amendment to the ILA with King County relating to Historic Preservation. March 3 Unfinished Business: 10 17 24 -An ordinance authorizing a Development Agreement with Odin Brewery. - Historic Preservation: An ordinance updating historic landmarks within the City. An amendment to the ILA with King County relating to Historic Preservation 156