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HomeMy WebLinkAboutReg 2014-02-18 COMPLETE AGENDA PACKETL Tukwila City Council Agenda o ❖REGULAR MEETING • ❖ Op 2 Jim y David Haggerton, Mayor Councilmembers + Joe Duffie + Dennis Robertson Cline, CityAdministrator + Allan Ekberg + Verna Seal Quinn, Council President + Kathy Hougardy + Kate Kruller De'Sean Tuesday, February 18, 2014; 7:00 PM • Ord #2430 • Res #1816 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. APPOINTMENTS a. Confirm the appointment of Stephen Wheeler to Position #3 on the Civil Service Commission, with a term expiring 12/31/2019. b. Confirm the appointment of Julie Lee to Position #4 on the Park Commission, with a term expiring 3/31/2015. c. Confirm the appointment of Hassan Abdi as the Student Representative on the Park Commission, with a term expiring June 2015. (Date of expiration will be based on graduation date.) Pg.1 Pg.1 Pg.1 3. 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. 4. CONSENT AGENDA a. Approval of Minutes: 2/3/14 (Regular Mtg.) b. Approval of Vouchers. c. Authorize the Mayor to sign Supplement No. 2 to contract #13 -029 with KPG, Inc., for construction management services for the East Marginal Way South Overlay and Repair Project in the amount of $189,503.82. (Reviewed and forwarded to Consent by Transportation Committee on 2/10/14.) d. Authorize the Mayor to sign Change Order Nos. 1 and 2 to the facility relocation agreement ( #13 -121) with Puget Sound Energy for utility relocation relating to the Tukwila Urban Center Transit Center Project in the amount of $75,914.80. (Reviewed and forwarded to Consent by Transportation Committee on 2/10/14.) Pg.13 Pg.37 5. UNFINISHED BUSINESS a. A resolution adopting the City's Comprehensive Emergency Management Plan (CEMP). b. A resolution establishing a City scholarship program for continuing education. c. An ordinance adopting the 2014 Parks, Recreation and Open Space Plan for the City of Tukwila, and repealing Ordinance Nos. 2207 and 2213. d. Authorize the Mayor to sign an Interlocal Agreement with the City of Kent for repairs to the Briscoe - Desimone Levee. Please refer to 2/10/14 CO. W. packet. Q e. Authorize the Mayor to sign Change Order #1 to contract #13 -181 with Green River Construction for the Sewer Repair at 6450 Southcenter Boulevard Project in the amount of $104,462.03. Please refer to 2/10/14 CO. W. packet. Q Pg.47 Pg.51 Pg.59 Pg.65 Pg.79 (continued.) REGULAR MEETING Tuesday, February 18, 2014 Page 2 5. UNFINISHED BUSINESS (cone) f. An ordinance granting a non - exclusive franchise to tw telecom of washington, Ilc, legally authorized to conduct business in the State of Washington, for the purpose of constructing, operating, and maintaining a telecommunications system in certain public rights -of -way in the City, and repealing Ordinance No. 2231. Pg.81 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.99 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. 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. 2 ITEMINFORMATION ORIGINALAGEND,\D.-\TE: ISTl\FrSPONSOR: ConfirmappointmentstotheCivilServiceCommissionandtheParkCommission. AGENDAITEi\ITITLE CXrEGORY OP&R ODCD SPONSOR SPONSOR'S ConfirmtheappointmentofStephenWheelertotheCivilServiceCommissionandJulieLee SUi\IM/\RY andHassanAbditotheParkCommission. REVIEWEDBY TransportationCmte F&SCmte CA&PCmte COWMtg. PlanningComm. ParksComm. ArtsComm. UtilitiesCmte N/A COMMITTEECHAIR: N/A DATE: RECOMMENDATIONS: ConfirmAppointments SPONSOR/AmIIN. N/A COi\Ii\IITrEE COSTIMPACTFUNDSOURCE ApPROPRIATIONREQUIRED AMOUNTBUDGETED EXPENDITUREREQUIRED FundSource: Comments: RECORDOFCOUNCILACTION MTG.DATE ATTACHMENTS MTG.DATE InformationalMemorandumdatedFebruarywithattachments 1 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: CITY COUNCIL FROM: Mayor Haggerton DATE: February 10, 2014 SUBJECT: APPOINTMENTS TO THE CIVIL SERVICE COMMISSION AND THE PARK COMMISSION ISSUE There are vacancies on the Civil Service and Park Commissions. I am recommending appointment of the following individuals to fill vacant positions: Civil Service Commission Position #3 Carol Zuvela resigned in December, 2013. Attached is the application of Stephen Wheeler. I am recommending that he be appointed to position #3. His term will expire on December 31, 2019. Park Commission Position #4 This position has been vacant since March, 2013. Attached is the application of Julie Lee. I am recommending that she be appointed to position #4. Her term will expire on March 31, 2015. Student Representative: This is a new position on the Park Commission. Attached is the application of Hassan Abdi. I am recommending that he be appointed as the Student Representative. His term will expire in June, 2015. If you have any questions regarding these applications or appointments, please let me know by noon on Wednesday, February 11, 2014. RECOMMENDATION Recommend appointments as listed above at the February 18, 2014 Council Meeting. 3 4 City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433 -1800 Fax: (206) 433 -1833 Application for Appointment BOARDS AND COMMISSIONS RE E V D RECEIVED DEC ,1 3 2013 CI1 Y OF TUKWILA CITY CLERK Email: BoardsComms4tukwilawa.gov Website: www.tukwilawa.qov Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume totaling no more than three pages. 1 2-1/3124519 NAME: wheeler stephen Last ADDRESS: 63 2 i S /5) Street 5 T First DATE: M.I. /K I -1-4 18I�8r' City Zip MAILING ADDRESS (if different): HOME HOME PHONE :004ZSen.Zia( EMPLOYER: ,Kl_:'rePt --TFL7 CELL/MOBILE PHONE: izoa 9t.l5.79 E -MAIL: 7-POS3 Y)•2#— Please check all that apply to you within the City of Tukwila limits: X Resident ❑ Business Owner /Representative ❑ School District Representative ❑ High School Student I wish to be considered for appointment to the following board or commission (check an that apply): COMMISSIONS: ❑ Arts 15 Civil Service ❑ Equity & Diversity ❑ Parks B. Planning BOARDS & COMMITTEES: ❑ Community Police Advisory ❑ Human Services ❑ Library ❑ Sister Cities El Lodging Tax ❑ Pool Advisory (TMPD) ❑ Other /Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yeso')` No If "yes ", please list: AVAILABLE TO ATTEND MEETINGS: A Daytime NI Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): ❑ NTERVIEWDATE: FOR CITY USE ONLY: APPOINTED: ®: Yes ❑ No TERM EXPIRES: 5 Professional/Community Activities (organizations, clubs, service groups, etc): £i i T 1l,c4sacaGL TJi2, i $14 L " ) tom!• S JQ, t1rrGZ"�L��,Gir'fit's . t � . Zlac s :.-. t f ; r Hobbies /Interests: ''C'h. , SC; L�� A's4 r,,,. ) Qualifications as related to this position: I. coats 04 0,1..•7 S. r�v«,� _ �r l Q►�, t voil- %c .g,. _ 3 4 / -r�'r • Jr L �._i -�,n' . Other comments /additional information for consideration: r �i-,. ivy t •e-- C.�- � c r o ' T4'rc ?'c,. 114- 4 "4417 .+-'ri 4- 1-71- h • 7 • ^.. J7=0/ .447 3 Aga •ri._ .s.. , .9- " 2- L. cv-p-pt- Applicant's Signature Date ote Upon submission; all Information on this form becomes public record. For further clarification regarding -this application or ;m ,, ore information regarding' the' boards or, commissions, please call the Volunteer Program Office at (206) 768 -2822. Page 2 City of Tukwila Volunteer Program — Application for Appointment Boards & Commissions 6 City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433 -1800 Fax: (206) 433 -1833 Application for Appointment BOARDS AND COMMISSIONS RECEIVED Email: BoardsCom Website: ;ra ttrkviiava Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume totaling no more than three pages. DATE: 12_ ' I5 NAME: lee julie Last First M.I. ADDRESS: h" (A-11E City Street MAILING ADDRESS (if different): Zip HOME PHONE: EMPLOYER: 6170110 ( )NIS E -MAIL: 7\L1x -I'E O01YttS 0, C —rt) IL .0 LYY) L it E Please check all that apply to you within the City of Tukwila limits: Resident C7 Business Owner /Representative 0 School District Representative ❑ High School Student CELL/MOBILE PHONE: 2-CA/2- `-t-i Z 1142z-1V I wish to be considered for appointment to the following board or commission (check all that apply): COMMISSIONS: ❑ Arts ❑ Civil Service ❑ Equity & Diversity • Parks ❑ Planning BOARDS & COMMITTEES: ❑ Community Police Advisory ❑ Human Services ❑ Library ❑ Sister Cities ❑ Lodging Tax ❑ Pool Advisory (TMPD) O Other /Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes No If "yes ", please list: AVAILABLE TO ATTEND MEETINGS: 0 Daytime 1,A, Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): ❑ FOR CITY USE ONLY INTERVIEW DATE: APPOINTED: ❑ Yes ❑ No TERM EXPIRES: 7 Professional /Community Activities (organizations, clubs, service groups, etc): C - , Q—i C Y 4.--D C) L i s L I Jv'V- t ; \J Hobbies /interests: LX i ( i '1 L 2_0i- \tt\it, Qualifications as related to this position: r,. 1 ! IA Other comments /additional information for consideration: '∎`\(1 }; i f\ I /7 Appjic is Signatte dote: Upon sutinf'fsslon, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call the Volunteer Program Office at (206) 768 -2822. Date City of Tukwila Volunteer Program — Application for Appointment Boards & Commissions Page 2 8 City of Tukwila Tukvvila City Hall 6200 Southceriter Blvd Tukwila, WA 98188 Phone: (206) 433 -1800 Fax; (206) 433 -1833 Application for Appointment BOARDS AND COMMISSIONS RECEIVED Email: BoardsComms @tukwilawa_gov Website: www.tukwilawa.gov Please complete the ENTIRE application form. Applicants may attach a cover letter and /or a resume totaling no more than three pages. (S� DATE: e'.C. 4 Z—O \� NAME: abdi hassan ADDRESS: \c) Last t Stil 0 feSt uJ Street City C .< — First �� g-3° z Oft M.I. ;f4111? q rlr MAILING ADDRESS (if different): HOME PHONE: CELL/MOBILE PHONE• EMPLOYER: E -MAIL: Sa►^� -2 2 ( OxAttrP� . Ca.�sr Please check all that apply to you within the City of Tukwila limits: ❑ Resident Li Business Owner /Representative ❑ School District Representative "High School Student I wish to be considered for appointment to the following board or commission (check all that apply) COMMISSIONS: ❑ Arts ❑ Civil Service ❑ Equity & Diversity Ig--- Parks ❑ Planning & COMMITTEES: ❑ Community Police Advisory ❑ Human Services ❑ Library ❑ Sister Cities ❑ Lodging Tax ❑ Pool Advisory (TMPD) ❑ Other /Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes E'No If "yes ", please list: AVAILABLE TO ATTEND MEETINGS: Le'Daytime Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): t� FOR CITY USE ONLY: Yes❑ No INTERVIEW DATE: APPOINTED: TERM EXPIRES 9 e-ez kvt- e Professional /Community Activities (organizations, clubs, service groups, etc): E'Wbrit.A) �.. L t- 3 gg-sJ r a-3 Hobbies/Interests: So G Ge —r- Qualifications as related to this position: Other comments/additional information for consideration: ''Applicant s ignature Dade ee. I s DG3 Not Upon suirnission all information on this form becomes public record. For further clarification regarding this; application or more informatio n regardin g °the'boards orcottrmissions, please call lE the Voliifeer Program _Office at {206}.76 6.2822. City of Tukwila Volunteer Program — Application for Appointment Boards & Commissions Page 2 10 • IIASSAN ABDI :12910 East Martina! Way South Apt #302 Tukwila, WA 98f 68 H.a55an 242itrr i31111001:.com OBJECTIVE Interested in set-NIara cur ihc:Tukwila Parks Coninussion as Stuilcnt R prc:senl:ali�c EXPERIENCE Lucky Day Care Position: Protocol Manager Sciatic, WA 98168 .Acquired strong pro a solving and organizational skills coupled tcith excellent cornmunicatioar and interpersonal abilities «-hell conversing ersing with children, co workers, and parents. Accustomed rn).self to lNorking efficiently within high-pressure and fast.. paced environments, Employed proper adult parlance to maintain d ecorum, etiquette, quad discipline amongst children. Foster S.A.F.E Position: Vice President Tukwila, WA 98168 Coordinated, ud tool: initiati3e in implementing a safely first naen by raising awareness and shcd,:ling light on vi salrtt hazards, King County Library System: Foster Library Positron. Volunteer Tutor Tuko ilia, AVA 98168 Established an em ir<Jnnan t conduciy e to tI >t ,success of those around me. Tukwila Pantry Food Bank Position: General Volunteer Tukwila, WA 98 168 Q Provided much needed assistance. a Procured order with sped, giving clients their I >1 & c:t. rapid fsashiort. Demonstrated punctuality- and eoaisistcnce EDUCATION Foster High School Class 42015 Tukwila, \6':1 98168 N:a.iona'< Honor nor Sociel) 0- F6i._AG.>mpv.la)oc':. C.'13 R '.F ERENCE Jot. Tirc t)irecti3ra(TH - hi Ihuatn (200)387-1996 C ua 2- 1irtgu�r1; Engln3h, Suntan Sonhlii, Luganda h t?;a� ca:'t lest>�raaaltt Teeo R to lions 1..i1 }rariE.in (206)24a-19:w 11 12 COUNCIL AGENDA S OPSIS illectiqDate Prepaa ' \I 0/5 tvpre u Colahi/ r6,1'/C0' 02/18/14 BG , ,.,1 ,,, ,,...„ i' DReiolitholl 1NDaie 01 (ll II cMt' _AN D rile Bid lipard litp, Data Priblh 11,arlig :\IIc Dale I I ()go :u /l Rile ,\I/gDo/t Si( )Ns( )k Colliht/ \Iaj oo 1-1R DCD _ I znan,e I I Vire I I7 1)--R Poll,e ■ PH SP( 'N',( )R's KPG, Inc. was selected to design the Overlay and Repair - East Marginal Way South Project Sr\RI \Ry with Contract No. 13-029. KPG was determined to be the most qualified to perform construction management services that will include inspections and material testing. Council is being asked to approve Supplemental Agreement No. 2 to Contract No. 13-029 with KPG, Inc. in the amount of $189,503.82. RI \ Ii \\ I D BY COW Mtg C \&P Crate F&S Cmte Utilities Cane _ Art', Comm I I Parks Comm. DA I E 02/10/14 COMMITTEE CI I MR ALLAN ITEM INFORMATION ITEM No. 4.C. 13 Si 111 Si' ( )\..( )I-( BOB GIBERSON ORR 'I \ B. Aci N.1) \ D \ I I 02/18/14 Ac ,I N I ) 1 III \II I II I Overlay Construction and Repair - East Marginal Way S Project Management Supplement No. 2 with KPG, Inc. C \ I I (;( )10 D21,ill )lon rig Datr ,11otion 02/18/14 DReiolitholl 1NDaie 01 (ll II cMt' _AN D rile Bid lipard litp, Data Priblh 11,arlig :\IIc Dale I I ()go :u /l Rile ,\I/gDo/t Si( )Ns( )k Colliht/ \Iaj oo 1-1R DCD _ I znan,e I I Vire I I7 1)--R Poll,e ■ PH SP( 'N',( )R's KPG, Inc. was selected to design the Overlay and Repair - East Marginal Way South Project Sr\RI \Ry with Contract No. 13-029. KPG was determined to be the most qualified to perform construction management services that will include inspections and material testing. Council is being asked to approve Supplemental Agreement No. 2 to Contract No. 13-029 with KPG, Inc. in the amount of $189,503.82. RI \ Ii \\ I D BY COW Mtg C \&P Crate F&S Cmte Utilities Cane _ Art', Comm I I Parks Comm. DA I E 02/10/14 COMMITTEE CI I MR ALLAN Frantliortation Crnte _ Planning Comm. EKBERG RECOMMENDATIONS: SIR )\S( )R/Amin. 0 ) \imirl Public Works Department II Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE Expi \ Di 1 LH] RI QUIRI I) AMOUNT BUDGETED APPROPRIATION REQUIRED $189,503.82 $2,019,334.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 18, 2014 CIP) Comments MTG. DATE RECORD OF COUNCIL ACTION 02/18/14 MTG. DATE ATTACHMENTS 02/18/14 Informational Memorandum dated 02/07/14 Consultant Selection Sheet 2014 CIP, page 18 Supplemental Agreement No. 2 to Contract No. 13-029 Minutes from the Transportation Committee meeting of 02/10/14 13 14 TO: of City of Tukwila Jim Haggerton, Mayor INFORMATIONAL ���������� nn�n ����n�nx��n n��n����~ x�n�~n�x�*o���.x�����nmn Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: David Sorensen, Pr ject Manager DATE: February 7, 2014 SUBJECT: Overlay and Repair - East Marginal Way S (S 81st P1 to Norfolk St) Project No. 91210406, Contract No. 13-029 Supplemental Agreement No. 2 with KPG, Inc. ISSUE Approve Supplemental Agreement No. 2 to consultant Contract No. 13-029 with KPG for construction management (CM) services. BACKGROUND Base Contract No. 13-028 with KPG provided design engineering services for the Overlay and Repair - East Marginal Way S (S 81st PI to Norfolk St) Project. Council awarded the construction contract to Miles ReSOurCeS, LLC on February 3, 2014. KPG's Supplemental Agreement No. 2 will provide construction management (CM) support during the construction phase. Construction is anticipated to begin in early April. ANALYSIS KPG, Inc. was determined to be the most qualified to perform the CM work for this project. KPG offers services that include construction management, construction inspection, transportation, natural resources, and environmental engineering and sciences. BUDGET SUMMARY The cost negotiated with KPG for $189,503.82 is reasonable for the size and scope of this overlay project. A material testing sub-consultant is also included in this proposal, mainly for asphalt compaction and oil content tests. An in-house CM P jeCt Manager has been assigned to work with the proposed consultant inspector and p ject manager to successfully complete this construction p ject. The contract timeline will also be extended to December 31, 2014. Contracts Construction Bid Amount (to Council 2/3/14) $1.738.881.50 Construction Contingency (5%) 86.949.58 2014 Small Drainage Program Budget Aviation High School Contribution KPG, Inc. Construction Management 189.503.83 Total $2,015 444.90 2014 Budget $1.800.000.00 65,000.00 4,334.00 150,000.00 $2.019.334.00 RECOMMENDATION Council is being asked to approve Supplemental Agreement No. 2 to Contract No. 13-029 for construction management services with KPG, Inc. in the amount of $189,503.82 for the Overlay and Repair - East Marginal Way S P ject and consider this item on the Consent Agenda at the February 18, 2014 Regular Meeting. Attachments: Consultant Selection Sheet 2014 CIP, page 18 Consultant Agreement W: \ PW Eng \PROJECTS \A- RW & RS Projects \ EMW Overlay & Repair (91210406)\CN Management \ Docs to TC \ Info Memo CN Mgmnt KPG gl.doc 16 EMW Overlay & Repair (91210406) Construction Management Consultant Selection Matrix (Internal Selection, No Interviews) DEA Associates a m Y Jason Engineering 0 d a Y CH2M Hill, Inc. Paving project design and construction experience. 2 2 2 3 3 Current Knowledge of FHWA, State, and Tukwila Standards and Procedures 2 1 2 4 3 Environmental Experience 1 1 1 2 2 Experience with similar federal aid projects? 2 1 2 3 3 Expertise Using Federal Funds 1 1 2 2 2 Pavement Design / Rehabilitation Repair Expertise 2 1 2 3 3 Small Scale Projects 2 2 1 4 2 Survey Crew In -House 1 1 4 4 1 TOTALS 13 10 16 25 19 For each category, highest score is 5 (with the lowest or worst score 1) Consultant with the highest score is ranked the best. Staff: Dave Sorensen Selection Date: 10/17/13 Selected Consultant: KPG, Inc. Selection Justification: This firm has demonstrated relevant project experience, and they seem to have exceptional familiarity with WSDOT/ FHWA standards, and a solid DBE approach and commitment. Based on overall score KPG prevailed. 18 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Overlay and Repair - East Marginal Way S Project No 31210406 Construct pavement preparation and an asphalt overlay ofEast Marginal Way South between S81stP| DESCRIPTION: and S Norfolk Stree 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 maimananue. COMMENT: Federal grant funding available through PSRC 2012 STP/CMAQ for $1,000,000. FINANCIAL Through Estimated in 000's 2012 2013 201* 2015 2016 2017 2018 2019 BEYOND TOTAL , , EXPENSES Design 125 125 Land (RAN) 0 Cnnst Mgmt. 150 150 Construction 1.800 1.800 TOTAL EXPENSES 0 125 1.950 0 0 0 0 0 0 2.075 FUND SOURCES Awarded Grant 0 Proposed Grant 1.000 1.000 Mitigation Actual 0 Impact Fees 0 City Oper. Revenue 0 125 950 0 0 0 0 0 0 1.075 TOTAL SOURCES 0 125 1.950 0 0 0 0 0 0 2.075 2014 2019 Capital Improvement Program 18 20 Vadington Sags mil / Deportment of Trampartalkon Supplemental Agreement Number No. 2 Organization c and Address 753 9th Avenue N Seattle, WA 98109 Phone: 206 - 286 -1640 Original Agreement Number 13 -029 Project Number 91210406 Execution Date 1/29/2013 Completion Date 12/31/2014 Project Title E. Marginal Way Overlay (Norfolk to 81st P1 S.) New Maximum Amount Payable $ 314,481.87 Description of Work Provide Engineering and Observation Services during construction. The Local Agency of City of Tukwila desires to supplement the agreement entered into with KPG and executed on 01/29/2013 and identified as Agreement No. 13-029 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: The contract shall include the additional grope for constmctinn cervices identified in the attached Exhibit A -7 II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: rnmpletinn by 1 7/3 1 /7014 III Section V, PAYMENT, shall be amended as follows: Payment for the added scope items shall not exceed S 189.501 R7 without prior approval by the City as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: Nelson Davi. KPG By: DOT Form 140 -063 EF Revised 9/2005 Consultant Signature Approving Authority Signature Date 21 22 EXHIBIT A -2 City of Tukwila East Marginal Way S S 815' P1 to S Norfolk Street SCOPE OF WORK January 22, 2014 . Supplement No. 2 Construction Services This work will be to provide construction services for the construction contract to complete the East Marginal Way S Project (hereinafter called "Project "). These services will include project management, inspection, materials testing, public involvement, and contract administration during the construction of the project, as detailed below. KPG ( "Consultant ") will provide to the City of Tukwila, Washington ( "City ") construction management and engineering services for the project. A detailed scope for the Contract follows: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. Assumptions: • The proposed project team will include a part-time project manager, a part-time project engineer, a part-time documentation specialist, and one full -time inspector during construction activities, necessary sub - consultants to provide services for materials testing, and other supporting tasks as deemed necessary. The level of services is based on project duration of approximately 4 months, or approximately 80 working days. It is anticipated that full time site observation will be required for the entire duration of construction and that supplemental observation averaging 1 day per week will be necessary for paving operations and specialized elements such as signal modifications. • Services will be performed in accordance with the Local Agency Guidelines (LAG) and the WSDOT Construction Manual. • Hours of work: Work is anticipated to take place during a single shift of 8 hours per day. Night or weekend work is anticipated as part of this scope of services. Consultant will coordinate contractor operations with Boeing and Museum of Flight events in order to avoid disruption of traffic. Project Objectives The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project to the City by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for, and ultimately that the City receives an outstanding review by WSDOT local programs at the end of the Project. East Marginal Way KPG Supp 2 - Construction Services 1 of 9 January 22, 2013 23 EXHIBIT A -2 II. SCOPE OF WORK TASK 1— MANAGEMENT /COORDINATION /ADMINISTRATION Provide overall project management, coordination with the City, monthly progress reports, and invoicing. This effort will include the following elements. • Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. • Review monthly expenditures and CM team scope activities. Prepare and submit project progress letters to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source(s), if any. Deliverables • Monthly invoices and progress reports TASK 2 — PRECONSTRUCTION SERVICES 2.1 Contractor Bid Documentation Review: The Consultant will review the bids submitted my the contractors for conformance to the required project documentation, prepare a bid tab of the submitted bids and check contractor references. 2.2 File Setup: Attend meeting with City Project Manager to review standard Consultant and City file systems and develop file structure for management of the project as described in Task 3. 2.3 Field Review: Perform plans in hand field review with inspector and project engineer to review the overall scope, identify challenging areas, and identify traffic concerns to be addressed in the Contractors traffic control plans. 2.4 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices. The Consultant's project manager, project engineer, document control specialist, and inspector will attend the preconstruction conference. The Consultant will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Pre - construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, and issues with utilities, unusual conditions, federal, state, and local requirements, EEO, DBE, and any other items that will result in better project understanding among the parties involved. Deliverables • Bid review and recommendation of award • Preconstruction conference agenda with meeting minutes TASK 3 — CONSTRUCTION SERVICES A. FIELD SERVICES 3.1 The Consultant shall provide the services of one part-time project engineer, one full -time inspector, and one part-time documentation control specialist, and other tasks necessary to East Marginal Way KPG Supp 2 — Construction Services 2 of 9 January 22, 2013 24 EXHIBIT A -2 monitor the progress of the work. Construction staff shall oversee the following items of work, on the project site, and will observe the technical progress of the construction, including providing day -to -day contact with the Contractor and the City. o Street improvements. o Excavating and removing of existing pavement, curb, sidewalk and driveways. o Constructing curb, gutter, ADA ramps and concrete sidewalks. o Asphalt paving for roadway. o Property restoration o Installing channelization and signing o Traffic signal and push button modifications. o Adjusting surface utilities to grade o Coordination of Traffic Control with the City of Tukwila o And all incidental items necessary to complete the Work as described in the Plans and /or Specifications. The presence of the Consultant's personnel at the construction site is for the purpose of providing to the City a greater degree of confidence that the completed work will generally conform to the Contract Documents, meet all applicable federal funding requirements, and ensure that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction Contractor(s). The Consultant's personnel shall act in accordance with Section 1 -05.1 and 1 -05.2 of the current WSDOT Standard Specifications. The Consultant will endeavor to protect the city against defects and deficiencies in the work of the Contractor(s), but cannot guarantee the Contractors' performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor(s) and any subcontractors. Field inspection staff will perform the following duties as a matter of their daily activities: i. Observe technical conduct of the construction, including providing day -to -day contact with construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1 -05.1 and 1 -05.2 of the Standard Specifications. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the City of any non - conforming work observed during site visits. iii. Document all material delivered to the job site in accordance with the LAG Manual and WSDOT Construction Manual. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. All daily inspection reports will adhere to WSDOT Local Agency Guidelines. v. Interpret Contract Documents in coordination with City. East Marginal Way KPG Supp 2 - Construction Services 3 of 9 January 22, 2013 25 EXHIBIT A -2 vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. viii. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. ix. Prepare field records and documents to help assure the Project is administered in accordance with funding agency requirements (Construction Manual 10- 2.1B). x. Collect and calculate delivery tickets and scalesman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified. xi. Attend and actively participate in regular on -site meetings. xii. Take periodic digital photographs during the course of construction. xiii. Coordinate with the City's maintenance personnel. xiv. Conduct wage rate interviews and DBE interviews in accordance with the LAG Manual. xv. Punch list. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a `punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. xvi. Audits: Provide oversight during audits performed by WSDOT Local Programs and others. Assumptions: • Consultant will provide observation services for the days /hours that their Inspector personnel is /are on -site. The Inspector will not be able to observe or report construction activities, or collect documentation, during the time they are not on -site. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non - conforming work, and pursue the other remedies in the interests of the City, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractors' performance, and it is understood that Consultant shall assume no responsibility for: proper construction means, methods, techniques; project site safety, safety precautions or programs; or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or City's expectations. 3.2 Materials Testing: Coordinate and manage materials testing sub - consultants for construction services, who will provide materials testing services as required, up to $15,000. Coordinate the work of the materials testing technicians and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and address deficiencies. Frequency of testing shall be as prescribed in the WSDOT Construction Manual and LAG manual for the following materials: structural concrete, roadway asphalt, roadway surfacing, roadway base material, and structural grout and any other testing as prescribed within the project Specifications and WSDOT Standard Specifications 2012. East Marginal Way KPG Supp 2 — Construction Services 4 of 9 January 22, 2013 26 EXHIBIT A -2 Qualified tester requirements as identified in WSDOT LAG 52.3.32 illustrate that for projects on non -NHS highway systems, there is no requirement for qualified testers, but the requirements within the manual must be followed if federal funding applies. Therefore, material testing will be conducted by contracted sub - consultant laboratories services that meet the following accreditations: AASHTO R18, A2LA, USACE, Ecology, AMRL, CCRL. The sub - consultant laboratory personnel will hold certifications from ACI and NICET. Assumptions: It is assumed that materials that require fabrication inspection per WSDOT LAG 52.3.32 will be conducted by WSDOT through contract with the City. Materials that fall within this category include: structural steel beams or fabricated welded items, structural precast concrete items, and signs. 3.3 Substantial Completion: Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or ` punchlist' of items to be completed. A punchlist and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City. Deliverables • Daily Construction Reports with project photos — submitted on a weekly basis • Punch List, Certificate of Substantial Completion • Review test reports for compliance B. OFFICE SERVICES 3.4 Document Control: Original documentation will be housed at the Consultant's office, and filed in accordance with standard filing protocol to meet WSDOT Highways & Local Program Requirements. A copy of working files will be maintained in the field office. Document Control also consists of preparing Final Project Reports for the City for WSDOT and FHWA acceptance and includes: • Final Estimate (Approving Authority File) • Comparison of Preliminary and Final Quantities (Approving Authority File) • Final Records as identified in WSDOT LAG (Approving Authority File) • Record of Material Samples and Tests • Materials Certification • Affidavit of Wages Paid • Release for the Protection of Property Owners and General Contractor • DOT Form 422 -102 EF, Quarterly Report of Amounts Credited as DBE Participation 3.5 Project Coordination: Liaison with City, construction contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. 3.6 Plan Interpretations: Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and/or budget changes. East Marginal Way KPG Supp 2 — Construction Services 5 of 9 January 22, 2013 27 EXHIBIT A -2 3.7 Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis. 3.8 Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for conformance with the contract documents. 3.9 Lump Sum Breakdown: Evaluate construction contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated with detailed data per WSDOT LAG Requirements. 3.10 Monthly Pay Requests: Prepare monthly requests for payment, review with the City and contractor and approve, as permitted. Utilize City provided format for pay estimates, or Consultant format. The Utilities to provide quantities for payment for work associated with Utility Schedules. 3. 1.1 Monthly Schedule Review: At the monthly cutoff, review contractor's updated schedule and compare with field- observed progress, as described in Section 1 -08 of the Special Provisions. In addition, perform schedule analysis on contractor provided CPM updates and review schedule for delays and impacts. Coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control. 3.12 Certified Payroll: Process and track all certified payroll per WSDOT Highways & Local Program Requirements. This includes verifying 30% of all payrolls submitted and tracking payroll each week. Payroll and payroll logs will adhere to WSDOT LAG requirements. 3.13 Weekly Statement of Working Days: Prepare and issue weekly statement of working day report each week. 3.14 WSDOT & FHWA Reporting: Prepare and track all necessary reports per WSDOT Highways & Local Program Requirements. This will include DBE condition of award tracking throughout the project, DBE Reporting, EEO reporting, and DBE on site reviews. Periodically meet with WSDOT Highways and Local Programs staff as requested to review project status. 3.15 Subcontractor Documentation: Process / approve all required subcontractor documentation per WSDOT Highways & Local Program Requirements. Request to Sublets will be verified and logged. Certification for Federal Aid will be obtained from all subcontractors. This includes checking System Award Management System (SAMS), verifying OM/WBE, verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into WSDOT's subcontractor logs. C. SUBMITTAL/RFI PROCESSING 3.16 Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract East Marginal Way KPG Supp 2 — Construction Services 6 of 9 January 22, 2013 28 EXHIBIT A -2 documents. Key submittals to be transmitted to the City for their review and approval. Submittals shall be logged and tracked. 3.17 Request for Information (RFI): Review and respond to RFI's. RFI's shall be logged and tracked. 3.18 Record of Materials (ROM): Utilize ROM prepared by WSDOT and update based on Special Provisions and Plans for use on the project, based on the contract specifications and WSDOT/LAG requirements. Maintain the ROM according to WSDOT Highways & Local Program Requirements. The ROM will track all of the materials delivered to the site including manufacturer /supplier, approved RAM's, QPL items, material compliance documentation, and all other required documentation. Deliverables • Submittal log • RFI Log • Completed Record of Material for Material Certification D. CHANGE MANAGEMENT 3.19 Case Log: Develop and maintain a case log which includes change orders, RFP's, Field Work Directives per Highway & Local Programs Guidelines 3.20 Change Orders: Develop change orders per Highway & Local Programs Guidelines, provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. A total of 160 hours have been included in the cost for services. Each change order will be executed in accordance with WSDOT Local Agency Guidelines and contain the following: • Change order • Independent Cost Estimate • Time Impact Analysis • Contractor's Pricing • Verbal Approval Memo • Change Order Checklist (LAG Manual) • Change Order Request Form • Back up documentation 3.21 Field Work Directives: Prepare field work directives as necessary to keep the contractor on schedule. 3.22 Force Account: Track contractor force account labor, equipment and materials. Provide payment according to WSDOT requirements. All force account calculations will be verified by the engineer and double checked by the documentation specialist per WSDOT LAG Manual. Deliverables • Change Order(s) • Case Management Log • RFI Log • Minor Change Order(s) • Force Account Records East Marginal Way KPG Supp 2 — Construction Services 7 of 9 January 22, 2013 29 EXHIBIT A -2 TASK 3 — CLOSEOUT / RECORD DRAWING SERVICES 4.1 Record Drawings: Review record drawings prepared by the Contractor, and prepare a conformed set of project record drawings based on Contractor provided information and from inspection notes. Record drawings to be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. The Consultant will prepare record drawings in AutoCAD format based on construction records provided by the Contractor. Electronic and full size mylar record drawings will be provided to the City. 4.2 Audit Oversight: Prepare for and attend post construction audit performed by WSDOT Local Programs and others. 4.3 Punchlist oversight: Provide field observation of punchlist items and attend final walk through review with City staff. 4.4 Physical Completion Letter: Following completion of all punchlist work, prepare physical completion letter to the contractor and WSDOT, and recommend that City and/or Utilities accept the project. 4.5 Project Closeout: Transfer all project documents to the City for permanent storage. • Meeting agendas and notes • Monthly Pay Estimates • WSDOT Reporting • Subcontractor Packets • Physical Completion Letter • Final Project Documents ADDITIONAL SERVICES The services described under this task, and any other additional services requested by the City, will be performed only when authorized by the City. Authorization to perform additional services will be in the form of a supplement to this agreement, specifying the work to be performed, and basis of payment. • Produce traffic advisories and other news releases at project milestones. • Right of Entry Support: Develop a matrix of property owners that will document commitments to each property owners, property restoration, and other related impacts. Assist the City with any right of entry agreements that have not been previously secured. • Provide any additional services resulting from changes in scope or design of the project. Changes include, but are not limited to, changes in size, complexity, the schedule, character of construction, or method of financing. East Marginal Way KPG Supp 2 — Construction Services 8 of 9 January 22, 2013 30 EXHIBIT A -2 • Provide claims analysis and assistance in resolving claims that are protracted in nature and beyond the scope of the change order process described herein. • Media Relations: Produce and distribute periodic press releases at key milestones about the project and its progress. Meet with press to help develop stories about the project. • Other activities deemed necessary by the City. III. TO BE PROVIDED BY CITY: 1. Construction office and access to copy machine. 2. Postage to be provided by the City for any mass mailings. 3. Copies of Rights of Entries and Easements acquired for the Project. East Marginal Way KPG Supp 2 — Construction Services 9 of 9 January 22, 2013 31 32 Project Name: Exhibit E-2 Consultant Fee Determination East Marginal Way S 81st PI to S Norfolk Street Supplement 2 - Construction Services Consultant: KPG COST PLUS FIXED FEE Classification Hours Rate Cost Project Manager 74 $ 64.90 $ 4,803 Senior Engineer 42 $ 52.06 $ 2,187 Project Engineer 216 $ 41.65 $ 8,996 Design Engineer 0 $ 36.44 $ CAD Technician 40 $ 30.33 $ 1,213 Construction Inspector 736 $ 38.74 $ 28,513 Survey Crew 0 $ 50.41 $ Document Specialist 240 $ 37.00 $ 8,880 Office Admin 174 $ 24.91 $ 4,334 Total Direct Salary Cost (DSC) Overhead (145.78% x DSC) Fixed Fee (30% x DSC) 1,522 $58,925 $85,901.11 $17,677.55 Subtotal: $162,503.82 REIMBURSABLES Construction Vehicle (4 months @ $750) $3,000 Miscellaneous - Mileage, Repro, Field Supplies $4,000 Subtotal: $7,000 SUBCONSULTANT COSTS Material Testing Allowance $20,000 Subtotal: $20,000 TOTAL $ 189,503.82 33 34 TRANSPORTATION COMMITTEE - Meeting Minutes February 10, 2014 — 5:15 p.m. — Foster Conference Room City of Tukwila Transportation Committee PRESENT Councilmembers: Allan Ekberg, Chair; Dennis Robertson, Kate Kruller Siaff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Cyndy Knighton, David Sorenson, Pat Brodin, 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. Supplemental Agreement: Overlay and Repair — East Marginal Way South Staff is seeking Council approval of Supplemental Agreement No. 2 to Contract No. 13 -029 with KPG, Inc. in the amount of $189,503.82 for construction management services. Contract No. 13 -029 provided design engineering services for the Overlay and Repair — East Marginal Way South (South 81st Place to Norforlk Street) Project. Miles Resources, LLC was awarded the construction contract, and this supplemental agreement with KPG will provide construction management support. Construction is expected to begin in April 2014. The contract timeline will be extended to December 31, 2014. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 18, 2014 REGULAR CONSENT AGENDA. B. Change Orders: Tukwila Urban Center (TUC) Transit Center and Andover Park West Widening Staff is seeking Council approval of two change orders in the amount of $75,914.80 to the Utility Relocation Agreement (Contract No. 13 -121) between the City of Tukwila and Puget Sound Energy (PSE). Executed in July 2013, this agreement defined the roles and responsibilities for relocation of two underground vaults and two above ground switches in association with the TUC Transit Center and Andover Park West Widening Projects. The two switches are on Westfield property and the financial responsibility of the City. The two underground vaults straddled the right -of -way line along the Mall frontage and the relocation costs to move them are shared between Tukwila and PSE. PSE has completed the relocation of the northern vault and the two above ground switches, at a cost that exceed the original estimate due to excessive dewatering of the vaults, extensive traffic control, changes in field conditions, and additional property restoration. Tukwila's cost of the change orders combined, $75,914.80, is currently within the total project budget. Final costs for the remaining vault relocation are unknown. Any cost overruns exceeding the City responsibility of $738,400 as defined in the original agreement will be paid from the construction contingency budget. Councilmember Kruller asked if the City uses metrics for contingency planning. Staff confirmed that the goal of "on time, under budget" is usually met, but agreed to provide a spreadsheet indicating trends in award and contingency amounts. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 18, 2014 REGULAR CONSENT AGENDA. 35 36 COUNCIL AGENDA S OPSIS M eliilj;Dale Prepared / ill ii noy,a, CIottoai review 02/18/14 BG- t . /7 „ , , ..---- 1/(tr,,, Reiolution AltgDate ..,„.,. / But bran' Ilt,g1),ile Pith in f learniti lltg Date (Net .,1I/g Rite kl, ,IN SD )N,( OR 0i/,id In on I IR 1 I DC-1) — / 1/1c01,c' I- ire I I IT IV-R Pollee r P II SP( )\n( )R',-, The Facility Relocation Agreement with Puget Sound Energy (PSE) allowed PSE to relocate Si m \I \in utilities that were in conflict with the TUC Transit Center Project's improvements. Of the three parts of the contract, two have been completed and were over the contingency amount. The total of the two change orders is $91,637.18 and Tukwila's responsibility is $75,914.80. Council is being asked to approve Change Order Nos. 1 and 2 for the Facility Relocation Agreement with Puget Sound Energy in the amount of $75,914.80. Ri \ II \\ 1 i) Ii CM\ IVItg C \ &P Cmte _ I^&S Cmte Utilities Cmte I I \ rts Comm. Parks Comm. DATE. 02/10/14 COMMY1TEE CI IAIR ALLAN ITEM INFORMATION ITEM No. 4.D. 37 Si \II Si' ( / \ ',( )R BOB GIBERSON ORR,I\ \I Aul \I) \ll\II 02/18/14 AC,I Ni) \ Ill \111111 Tukwila Puget Urban Center - Transit Center and Andover Park West Projects Sound Energy's Facility Relocation Agreement Change Orders Nos. 1 & 2 C ■ I I (,( )10 I 1 Dr,,if,,zon \I/g Owe ,Illotion Dan 02/18/14 Reiolution AltgDate Ordnome _,11/ Date But bran' Ilt,g1),ile Pith in f learniti lltg Date (Net .,1I/g Rite kl, ,IN SD )N,( OR 0i/,id In on I IR 1 I DC-1) — / 1/1c01,c' I- ire I I IT IV-R Pollee r P II SP( )\n( )R',-, The Facility Relocation Agreement with Puget Sound Energy (PSE) allowed PSE to relocate Si m \I \in utilities that were in conflict with the TUC Transit Center Project's improvements. Of the three parts of the contract, two have been completed and were over the contingency amount. The total of the two change orders is $91,637.18 and Tukwila's responsibility is $75,914.80. Council is being asked to approve Change Order Nos. 1 and 2 for the Facility Relocation Agreement with Puget Sound Energy in the amount of $75,914.80. Ri \ II \\ 1 i) Ii CM\ IVItg C \ &P Cmte _ I^&S Cmte Utilities Cmte I I \ rts Comm. Parks Comm. DATE. 02/10/14 COMMY1TEE CI IAIR ALLAN 1 Transportation Cmte Planning Comm. EKBERG RECOMMENDATIONS: Si)( ).,()R/A1)\11\ (J ) \1\II Public Works Department Ivi I I Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE LAN \ DI I I'M RI QJ IRI D AMOUNT BUDGETED APPROPRIATION REQUIRED $75,914.80 $788,400.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 16 & 17, 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/18/14 MTG. DATE ATTACHMENTS 02/18/14 Informational Memorandum dated 02/07/14 PSE Summary Table Change Order Nos. 1 and 2 Minutes from the Transportation Committee meeting of 02/10/14 37 38 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: DATE: Cyndy Knighton, Senior Program Manager February 7, 2014 SUBJECT: Tukwila Urban Center— Transit Center and Andover Park West Widening Puget Sound Energy — Facility Relocation Agreement, Contract No. 13-121 Change Order Nos. 1 & 2 ISSUE Approve two change orders to the Utility Relocation Agreement between the City of Tukwila and Puget Sound Energy (PSE). BACKGROUND In July of 2013 a Facility Relocation Agreement was executed between PSE and the City. This agreement defined the roles and financial responsibilities for relocation of two underground vaults and two above ground switches in association with the TUC Transit Center and Andover Park W Widening Projects, The two switches are on the Westfield Southcenter Mall property and are therefore the financial responsibility of the City. The two underground vaults straddled the right-of-way line along the Mall frontage and therefore the relocation costs to move them out from the right-of-way are shared between Tukwila and PSE. A cost estimate was included for the relocation work and the Facility Relocation Agreement capped Tukwila costs at $738,400.00 (which included a 10% contingency), absent a mutually agreed upon change order or amendment, DISCUSSION PSE has completed relocating the northern vault along Andover Park W, referred to as V10, and the two above ground switches. The relocation costs have exceeded the original cost estimate partially due to excessive dewatering of the vaults, extensive traffic control, changes in field conditions, and additional property restoration. The additional property restoration was a result of PSE construction occurring prior to the City's construction project. The PSE estimate assumed that the utility relocation work would occur in conjunction with the City's project and that PSE's restoration costs would be minimal. Relocation of the southern vault, known as V12, will be completed after the City's contractor, Road Construction Northwest, removes the Firestone canopy structure. FINANCIAL IMPACT The total amount for Change Order No. 1 is $54,215.09, of which Tukwila is responsible for 71% or $38,492.71. Change Order No. 2 is $37,422.09 and the City is responsible for 100%. The total of the two change orders is $91,637.18 and Tukwila's portion of the costs is $75,914.80. The change orders are currently within the total project budget of $738,400, but the final PSE relocation costs for the second vault are not known at this time. There is a potential overrun of the utility relocation budget of $55,733, if the cost estimate for the V12 work is accurate. Any cost overruns exceeding the City's responsibility of $738,400 will be paid from the Project's construction contingency. RECOMMENDATION Council is being asked to approve Change Order Nos. 1 and 2 in the amount of $75,914.80 to Contract No. 13-121 with PSE for the TUC Transit Center Utility Relocation and consider this item on the Consent Agenda at the February 18, 2014 Regular Meeting. Attachments: Summary Table Change Order Nos. 1 and 2 VV:\PVV EngtPROJECTSIA- RV 8 RS ProjecttitTransti Center (90610402)1Constructiont#.200 Cotrespondence1005 - Utility 8 interlocal CoordinationtINFO MEMO PSE Ag 0001 RRT J 02-07-14.docx 39 40 PSE Electrical Vault Relocation Costs Change Order Summary Item V10 V12 SWITCHES Total Actual Estimate (mu.cowz) Estimate Actual Actual Estimate (mu.cowz) Estimate Actual Materials Construction Engineering &��ana0ement Right of Way Overhead (18%) $55,163.57 $60680.00 � $177,065.77 $213,451.00 � $19,673.97 $23'717.00 $0.00 $0.00 $45'342.60 $53'613.00 $63,345.56 $131,578.05 $14,619.78 $0.00 $37,717.81 � $100,435.20 $60,680.00 $107,846.22 $172,168.00 $11'98291 $I9'13010 $0.00 $0.00 $39'647.58 $45,356.00 $218,944.33 $416,490.04 $46,276.66 $0.00 $122'707.99 $121,360.00 $385,619.00 $42'847.00 $0.00 $98,969.00 Utility Relocation Total (Tukwila + PSE Costs) $297�4�.91| $351/4G1.OD ' $247,2G1.2O� n/a - �3�9�911.91 $297�334OD ----' ' �8O4u19D� $648,79SOO ' ` ' ' Tukwila Costs Tukwila @ 71% Tukwila @ 81% Tukwila 100% Budgeted $738/400.00 Tukwila Total Amount $I11'044.60 $I49'537.31 $200I81.57 n/a $259,911.91 $297'334.00 $671,I38D8 $546,871.31 Tukwila Change Order Amount $38,492.71 $37,422'09 $75,914.80 Remaining Budget 5191,528.69 Potential Overrun @ Completion $55,732.51 42 PUGET SOUND ENERGY CHANGE ORDER V10 To: City of Tukwila Date: 11/18/2013 Project Number: 101080841 Attn: Cyndy Knighton Project Manager: GRENNER Project: TUKWILA - Andover Park W P.I Description of work: This change order is for the costs in excess of the original estimate provided in "Exhibit C" of the relocation agreement between the City of Tukwila and Puget Sound Energy. The excess costs associated with this portion of the relocation work were, but not limited to, 1)Dewatering of vaults. 2)Traffic control and pedestrian safety. 3)Wire crew performing night time cutover for commercial customers and rerouting unknown service cables out of existing vault V10 that were undocumented and unreferenced on the original estimate. Item Amount Comments Estimate Materials $ 55,164 Construction $ 177,066 Engineering & Management $ 19,674 Right of Way $ - Overhead $ 45,343 Estimate Total $ 297,246 Actual Materials $ 60,680 Construction $ 213,451 Engineering & Management $ 23,717 Right of Way $ - Overhead $ 53,613 Actual Total $ 351,460 Change Order Total $ 54,214 Allocation of Change Order Total Company 29% $ 15,722 Government Entity 71% $ 38,492 Change Order Total $ 54,214 Note: This change order will be effective only when signed by both parties: Puget Sound Energy City of Tukwila Signed: Title: Date: (Please sign and return one copy) Signed: Title: Date: 3591 7-04 Puget Sound Energy PO Box 90868 Bellevue, WA 98009 -0868 PUGET SOUND ENERGY a subsidiary of PUGET ENERGY 43 • PUGET SOUND ENERGY CHANGE ORDER SWITCHES To: City of Tukwila Date: 11/18/2013 Project Number: 101080841 Attn: Cyndy Knighton Project Manager: GRENNER Project: TUKWILA - Andover Park W P.I Description of work: This change order is for the costs in excess of the original estimate provided in "Exhibit C" of the relocation agreement between the City of Tukwila and Puget Sound Energy. The bulk of the "excess costs" associated with this portion of the relocation work were, but not limited to, 1)Dewatering of vaults. 2)Traffic control and additional pedestrian safety implemented near the bus transit center. 3)Additional shoring, due to the unstable nature of the soil. 4)Additional resoration that was mutually agreed to by the City and Westfield property management. Item Amount Estimate Materials $ 100,435 Construction $ 107,846 Engineering & Management $ 11,983 Right of Way $ Overhead $ 39,648 Estimate Total $ 259,912 Comments Actual Materials $ 60,680 Construction $ 172,168 Engineering & Management $ 19,130 Right of Way $ - Overhead $ 45,356 Actual Total $ 297,334 Change Order Total $ 37,422 Allocation of Change Order Total Company 0% $ Government Entity 100% $ 37,422 Change Order Total $ 37,422 Note: This change order will be effective only when signed by both parties: Puget Sound Energy City of Tukwila Signed: Signed: Title: Title: Date: Date: (Please sign and return one copy) 3591 7-04 Puget Sound Energy PO Box 90868 Bellevue, WA 98009-0868 44 PUGET SOUND ENERGY a subsidiary of PUGET ENERGY TRANSPORTATION COMMITTEE - Meeting Minutes February 10, 2014 — 5:15 p.m. — Foster Conference Room City of Tukwila Transportation Committee PRESENT Councilmembers: Allan Ekberg, Chair; Dennis Robertson, Kate Kruller Si;aff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Cyndy Knighton, David Sorenson, Pat Brodin, 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. Supplemental Agreement: Overlay and Repair — East Marginal Way South Staff is seeking Council approval of Supplemental Agreement No. 2 to Contract No. 13 -029 with KPG, Inc. in the amount of $189,503.82 for construction management services. Contract No. 13 -029 provided design engineering services for the Overlay and Repair — East Marginal Way South (South 81st Place to Norforlk Street) Project. Miles Resources, LLC was awarded the construction contract, and this supplemental agreement with KPG will provide construction management support. Construction is expected to begin in April 2014. The contract timeline will be extended to December 31, 2014. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 18, 2014 REGULAR CONSENT AGENDA. B. Change Orders: Tukwila Urban Center (TUC) Transit Center and Andover Park West Widening Staff is seeking Council approval of two change orders in the amount of $75,914.80 to the Utility Relocation Agreement (Contract No. 13 -121) between the City of Tukwila and Puget Sound Energy (PSE). Executed in July 2013, this agreement defined the roles and responsibilities for relocation of two underground vaults and two above ground switches in association with the TUC Transit Center and Andover Park West Widening Projects. The two switches are on Westfield property and the financial responsibility of the City. The two underground vaults straddled the right -of -way line along the Mall frontage and the relocation costs to move them are shared between Tukwila and PSE. PSE has completed the relocation of the northern vault and the two above ground switches, at a cost that exceed the original estimate due to excessive dewatering of the vaults, extensive traffic control, changes in field conditions, and additional property restoration. Tukwila's cost of the change orders combined, $75,914.80, is currently within the total project budget. Final costs for the remaining vault relocation are unknown. Any cost overruns exceeding the City responsibility of $738,400 as defined in the original agreement will be paid from the construction contingency budget. Councilmember Kruller asked if the City uses metrics for contingency planning. Staff confirmed that the goal of "on time, under budget" is usually met, but agreed to provide a spreadsheet indicating trends in award and contingency amounts. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 18, 2014 REGULAR CONSENT AGENDA. 45 46 COUNCIL AGI;NDA SYNOPSIS 1 nItiali Ii/Sig Dui, Prepared by M, )or)• re Nell/ Corvicil review 02/10/14 M. Grisham 1 Resolittioll Alir Dim, 02/18/14 I 1 ordimince ;111:i;l- )(II e 02/18/14 M. Grisham : ,,,,,, SPONSOR Cozinti/ ,Vlayor 1 IR I DCD 1-';'Inatice I Fire _ 17 PeR I I Police PIE SpoNst )R's The City's current CEMP was last updated in 2009 and reviewed in 2011. Washington State SUMMARY law requires the local jurisdiction to submit their CEMP to Washington State Emergency Management Division every four years. Our plan was submitted to the State Emergency Management Division in 2013 and was approved by the State on November 15, 2013. Additionally, Tukwila Municipal Code (TMC) Chapter 2.57 requires an annual review of the CEMP. This meets that requirement as well. RI \11\\ BY COW mtg. 1 I CA&P Cmtc Z F&S Cmtc 1 I Transportation Cmte Utilities Cmte I I Arts Comm. I I Parks Comm. Planning Comm. DATE: 02/04/14 COMMEITEE CI -LAIR: VERNA SEAL RECOMMENDATIONS: Sir )NV )R/ADmiN. CoNlmETTIT Fire Department/Emergency Management Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE I-7—XP! NOITURF Ri ,Qi.' I [WI) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: ITEM INFORMATION ITEM No. 5.A. 47 STAFF SP( iNSOR: MARTY GRISHAM ORIG [NA], AGENDA D.VIE: 02/10/14 Ac 1A1). 1 ITUNI TITLE, Adoption of State approved 2014 Comprehensive Emergency Management Plan (CEMP). ( .viEG1)Ry PI Disclovion ■11:.), Date 02/10/14 ,\Iotion ,110; Di e 1 Resolittioll Alir Dim, 02/18/14 I 1 ordimince ;111:i;l- )(II e — Bid.,i)pard 1L J), Public 1-1e,lii 17V, Alt. 1),7/e Other ,lkg Date SPONSOR Cozinti/ ,Vlayor 1 IR I DCD 1-';'Inatice I Fire _ 17 PeR I I Police PIE SpoNst )R's The City's current CEMP was last updated in 2009 and reviewed in 2011. Washington State SUMMARY law requires the local jurisdiction to submit their CEMP to Washington State Emergency Management Division every four years. Our plan was submitted to the State Emergency Management Division in 2013 and was approved by the State on November 15, 2013. Additionally, Tukwila Municipal Code (TMC) Chapter 2.57 requires an annual review of the CEMP. This meets that requirement as well. RI \11\\ BY COW mtg. 1 I CA&P Cmtc Z F&S Cmtc 1 I Transportation Cmte Utilities Cmte I I Arts Comm. I I Parks Comm. Planning Comm. DATE: 02/04/14 COMMEITEE CI -LAIR: VERNA SEAL RECOMMENDATIONS: Sir )NV )R/ADmiN. CoNlmETTIT Fire Department/Emergency Management Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE I-7—XP! NOITURF Ri ,Qi.' I [WI) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/10/14 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 02/10/14 Informational Memorandum dated 01/28/14 Resolution in draft form Letter from WA State approving the City's 2013 CEMP Minutes from the Finance and Safety Committee meeting of 2/4/14 *PLEASE BRING YOUR CEMP BINDER* 2/18/14 Resolution in final form 47 48 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE TUKWILA COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP). WHEREAS, the City of Tukwila and surrounding areas are subject to various hazards, including flooding, earthquakes, landslides, severe windstorms and other natural and technological /man -made hazards; and WHEREAS, the City of Tukwila is committed to strengthening the City's resilience to the effects of natural and technological /man -made hazards; and WHEREAS, the City of Tukwila has the primary responsibility for emergency mitigation, prevention, preparedness, response and recovery within City boundaries; and WHEREAS, Washington State RCW 38.52.070 (in the "Emergency Management" chapter) directs local governments to submit its plan and program for emergency management to the state director; and WHEREAS, Tukwila Municipal Code Section 2.57.070.B.2. requires "...and annual updates to, the City's Comprehensive Emergency Management Plan...;" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council approves adoption of the Comprehensive Emergency Management Plan, hereby incorporated by reference as "Attachment A." W: \Word Processing \Resolutions \CEMP adopted 1 -27 -14 MG:bjs Page 1 of 2 49 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: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney Attachment A: Comprehensive Emergency Management Plan (October 2013) W: \Word Processing \Resolutions \CEMP adopted 1 -27 -14 MG:bjs 50 Page 2 of 2 COUNCIL AGI;NDA SYNOPSIS MeelinsDate Prepared At ,1, 1, yorlr rev/cur Council reviem 02/10/14 CT V1011011 Alp Dale Z Resolution Alt Dale 0 2 / 1 8 / 1 4 02/18/14 CT — Public I lcanq ,1112, Date Otlie, Alp Date C \ I i GoRY n Dr,(1011011 Mig Dale Si' ON ,(.) R Council I IR DO-) I I Finance 1 I Fire IT _ PeR 1 I Police RIF Mayor til)()M.,( )1t';-, The City of Tukwila desires to create a scholarship program for high school students living Su \I \i \Ry in Tukwila to provide financial assistance and opportunity to deserving students to continue their education beyond high school. A sum of four thousand dollars ($4,000) per calendar year shall be appropriated and included regularly in the City of Tukwila budget. The Council is being asked to approve a resolution creating the Tukwila City of Opportunity Scholarship. RI \II \X 1 1) BY COW Mtg . CA&P Cmte Z F&S Cmte Transportation Cmte Utilities Cmtc Z Arts Comm. Parks Comm. Planning Comm. DATE: 2/4/14 COMMITTEE CH \ IR: SEAL RECOMMENDATIONS: Sp()NoR/Al\IIN Co \INII ITEM INFORMATION ITEM No. 5.B. pplication in sr e through underlined orma 51 Si \I 1 S1)()\ ,()R JOYCE TRANTINA ORic,i \ \I A( ,1 \ I) \ D \ i ia 2/10/2014 Acu m) \ HI \I Tiiii Tukwila City of Opportunity Scholarship 0 2 / 1 0 / 1 4 V1011011 Alp Dale Z Resolution Alt Dale 0 2 / 1 8 / 1 4 Ordinance 2111Daie 131(1 /livai I , 1 kg Dale — Public I lcanq ,1112, Date Otlie, Alp Date C \ I i GoRY n Dr,(1011011 Mig Dale Si' ON ,(.) R Council I IR DO-) I I Finance 1 I Fire IT _ PeR 1 I Police RIF Mayor til)()M.,( )1t';-, The City of Tukwila desires to create a scholarship program for high school students living Su \I \i \Ry in Tukwila to provide financial assistance and opportunity to deserving students to continue their education beyond high school. A sum of four thousand dollars ($4,000) per calendar year shall be appropriated and included regularly in the City of Tukwila budget. The Council is being asked to approve a resolution creating the Tukwila City of Opportunity Scholarship. RI \II \X 1 1) BY COW Mtg . CA&P Cmte Z F&S Cmte Transportation Cmte Utilities Cmtc Z Arts Comm. Parks Comm. Planning Comm. DATE: 2/4/14 COMMITTEE CH \ IR: SEAL RECOMMENDATIONS: Sp()NoR/Al\IIN Co \INII Department of Community Development tilL Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE I'API N1)111..121 RI EpEIRI 1) AMOUN 1 BUDGI- 1 ED APPROPRIA I ION RFOL IRED $4,000.00 $ $4,000.00 Fund Source: GENERAL FUND Comments MTG. DATE RECORD OF COUNCIL ACTION 02/10/14 Forward to next Regular Meeting with changes to resolution based on discussion MTG. DATE ATTACHMENTS 02/10/14 Informational Memorandum dated 1/22/14 Resolution in Draft Form Scholarship Application in Draft Form Minutes from the Finance & Safety Committee meeting of 02/04/14 02/18/14 Resolution in strike through underlined format showing changes pplication in sr e through underlined orma 51 52 FT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A CITY SCHOLARSHIP PROGRAM FOR CONTINUING EDUCATION. WHEREAS, the City of Tukwila desires to create a scholarship program for high school students living in Tukwila; and WHEREAS, the purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school; and WHEREAS, the scholarship grant shall be known and cited as the "Tukwila, City of Opportunity Scholarship;" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school. Section 2. Scholarship Eligibility Requirements. Recipients of the scholarship program shall meet the following qualifications: • Must be a resident of the City of Tukwila. Proof of residency is required at the time of application. • Must be equivalent to a senior in high school. • Must demonstrate a substantial financial need as indicated on the FAFSA Student Aid Report. • Must have applied to an undergraduate program at a community college, trade school or university. • Must demonstrate leadership qualities as evidenced by involvement in extra- curricular activities. • Must have a cumulative grade point average (GPA) of 2.75 or higher. • Must have completed a minimum of 15 hours of community service. W: \Word Processing \Resolutions \City scholarship program established strike -thru 2 -11 -14 CT:bjs Page 1 of 2 53 Section 3. Funding. A sum of $4,000 per calendar year shall be appropriated and reflected in the City of Tukwila budget. Scholarships will be awarded in increments of not less than $1,000 nor greater than $4,000. Section 4. Scholarship Selection Committee. A Scholarship Selection Committee shall be created and shall include the Mayor and /or his or her designee, the City Council President, a City staff appointee and a Tukwila Sschool gdistrict employee designee(s) who - - - _ - - - _ _ - . • - - - - can fairly evaluate the level of academic and extracurricular activities represented in the scholarship applications. Section 5. Roles and Authority for the Scholarship Fund. A. City staff shall administer the scholarship fund as directed by this resolution, and it shall be known and cited as the "Tukwila, City of Opportunity Scholarship." B. The Scholarship Selection Committee shall review the program annually and submit a report to Council that summarizes, by school district: the applications, available funds, the scholarships awarded, the number of applications that did not result in scholarships, and any recommendations for revisions to the program. C. The Council shall receive the report and request revisions to the program as needed. Section 6. Application Review Process. The deadline for applications to be submitted is March 31 of each year. All applications will be reviewed by City staff to determine that the eligibility requirements have been met. All applications that meet the eligibility requirements will be reviewed by the Scholarship Selection Committee, which will present a recommendation to the City Council for approval of up to four scholarship awards. Scholarship recipients will be notified by April 30 each year. 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: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \City scholarship program established strike -thru 2 -11 -14 CT:bjs 54 Page 2 of 2 The City of Opportunity, the Community of Choice. Tukwila City of Opportunity Scholarship Application 1. DEADLINE for scholarship applications is March 31, 2014. (NO EXCEPTIONS) 2. Refer to criteria below for eligibility requirements. 3. Refer to application process below for a list of the supporting documents needed (i.e., evidence of GPA.) INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED. 4. Complete applications can be mailed or hand - delivered to the City of Tukwila Mayor's Office. 5. The recipients will be notified, and awards announced at a subsequent City Council Meeting. 6. If you have any questions about the application, please email iovce.trantinatukwilawa.gov, call 206 -433- 1868 or visit www.tukwilawa.gov /xxx. Purpose: The City of Tukwila Scholarship Program was established in 2014. The mission of the scholarship is to provide financial assistance to individuals enrolled for undergraduate study in community colleges, colleges, trade schools and universities. The City of Tukwila Scholarship Program principally targets two and four year academic programs; however, certificate /licensing programs are also eligible. Scholarship Awards: The City of Tukwila awards scholarships on the basis of a comprehensive process. Areas that are reviewed by the committee include, but are not limited to the following: Academic Accomplishments, Community Service, References, and Personal Essay. The City of Tukwila pays scholarship funds directly to the recipient's school. Scholarships are awarded annually. City of Tukwila Scholarships are awarded without regard to race, color, ethnicity, gender or sexual orientation. Scholarships awarded are based upon the availability of funds and additional qualifying criteria. Award Components: Scholarship awards will range from $1,000 to $4,000 as determined by the City of Tukwila Selection Committee. Criteria: • Must be a resident of the City of Tukwila. Proof of residency is required at the time of application: most recent utility bill. • Must be equivalent to a senior in high school • Must demonstrate a substantial financial need as indicated on the FAFSA Student Aid Report • Must have applied to an undergraduate program at a community college, trade school or university. • Must demonstrate leadership qualities as evidenced by involvement in extra - curricular activities • Must have a cumulative grade point average (GPA) of 2.75 or higher • Must have completed a minimum of 15 hours of community service Timeline: • Completed applications must be postmarked no later than March 31, 2014. • Candidates that are eligible for interviews will be notified by the Scholarship Committee by April 15, 2014. • Applicants are notified if awarded a scholarship by April 30, 2014. 55 Scholarship Applicants Must Provide: • Completed application form. • Official high school transcript in a sealed envelope from the institution. • Two academic references from a guidance counselor or teacher. • A letter of reference from an employer or other community member. • Demonstrated financial need. • Personal Essay. Scholarship Awards: • Award notification will be given by April 30, 2014. • Scholarship recipients must provide their student ID, the correct mailing address of their institution and the department where their scholarship check is to be received. Deadline for the application is March 31, 2014. Applications postmarked after this date will not be considered. Please mail OR submit application in person to: 56 Joyce Trantina Project Analyst City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 The City of Opportunity, the Community of Choice. First Name: Mailing Address: City, State, Zip: Primary Phone: Email: Tukwila City of Opportunity Scholarship Application Last Name: Secondary Phone: Please attach the following financial documentation: • FAFSA Student Aid Report (SAR) I certify that the above information is true and correct and that all income is reported. I understand that this information is being given for the receipt of a scholarship; that City of Tukwila officials may verify the information on the application; and that deliberate misrepresentation of the information may subject me to prosecution under the applicable State and Federal laws. Signature Date Current High School: HS Advisor /HS Counselor name & email: Number of years attended HS: Grade Point Average (GPA): (2.75 or higher on a 4.0 scale) Attach proof of GPA; your most recent official school transcript is required in a sealed envelope. School planning to attend next year: Address, City and State of School: List your educational and professional goals and objectives for after high school graduation. List your academic honors, awards and membership activities while in high school. 57 List your community service activities, hobbies, outside interests, and extracurricular activities. List the scholarships (name and dollar amount) you have received, or have applied for. How did you learn about the Tukwila City of Opportunity scholarship? Counselor Teacher City Website Other Personal Essay: The Community Vision for the City of Tukwila is the City of Opportunity, the Community of Choice. How have you served your community in ways that have made a positive difference? A. The following items must be attached to this application in order for the application to qualify to be reviewed by the scholarship committee. B. Your application will be returned to you if these items are not attached to this application. (NO EXCEPTIONS.) Proof of Residency: Most recent utility bill. Three Letters of Reference: 2 Academic References and 1 Community /Employer Reference. Most recent official high school transcript. Photocopies of your transcript are not acceptable. (Must be in a sealed envelope.) Documentation demonstrating financial need: • FASFA Student Aid Report (SAR) Personal Essay STATEMENT OF ACCURACY I hereby affirm that all the above stated information provided by me to the City of Tukwila Scholarship Selection Committee is true, correct and without forgery. I also consent that my picture may be taken and used for any purpose deemed necessary to promote the Tukwila City of Opportunity Scholarship Program. I hereby understand that if chosen as a scholarship winner, according to City of Tukwila's scholarship policy, I must provide evidence of enrollment /registration at the post- secondary institution of my choice before scholarship funds can be awarded. Signature of scholarship applicant: Date: Witness Date: Application must be postmarked by March 31, 2014. No exceptions! 58 COUNCIL AG I--1VDA SYNOPSIS illeetiq ail(' P rep ( I re (I 1)}' lAirp'(?r:I. review Coull,:i1rez,iew 02/10/14 DJ Adoption 2/10/14 02/18/14 DJ Bid ./lama AN Dale Nall,. 1 lean* nt; Al/j;Dale Other 11 Dale Cy! UGORY Difclowim Ordinance \14;1)ate /11/g Dale 2/18/14 SP ONSUR Coanci 1 ,\layor I I 111 DC!) ['inane(' 1-ire IT 14 Pc:r7R _ Police _ PIF ITEM INFORMATION ITEM No. 5.C. 59 ST .11+ SP( ) ..N SUR: RICK STILL ORIGIN, \I AGIND.1 ),\TU: 2/10/14 i1(;KNI).\ ITUNI Till I Parks, Recreation and Open Space (PROS) Plan Adoption 2/10/14 _ /14 ol io n AII: Dale IZesolia n Afig Dale Bid ./lama AN Dale Nall,. 1 lean* nt; Al/j;Dale Other 11 Dale Cy! UGORY Difclowim Ordinance \14;1)ate /11/g Dale 2/18/14 SP ONSUR Coanci 1 ,\layor I I 111 DC!) ['inane(' 1-ire IT 14 Pc:r7R _ Police _ PIF 510 )\S( The City has spent the past 12 months working to update the Parks, Recreation, and Open srm,v,\Ry Space (PROS) Plan. We are now in the final adoption stage and working incorporate public comment on the DRAFT Plan. RINI1ViTUI) BY COW NIT. I I Utilities Corte DATE: 1/28/14 CA &P Cmte U&S Grille I I Transporiation Corte Comm. Planning Comm. CI L\112.: DUFFIE ,\rts Comm. Parks COMM-VI-FEE RECOMMENDATIONS: SPoNsoR/ADmIN. Commumk Parks and Recreation Department Unanimous Approval; Forward to C.O.W. COST IMPACT / FUND SOURCE r,\ 11:N1)1)111W, RNOUIRND AMOUNT BUDGETED APPROPRIATION RIQLIRID $ $ Fund Source: Conmicrim. MTG. DATE RECORD OF COUNCIL ACTION 2/10/14 Forward to next Regular Meeting with edi . 1,1- ' .11 2-10 MTG. DATE ATTACHMENTS 2/10/14 Informational Memorandum dated 1/28/14 <amended after CAP>, with attachments Minutes from the Community Affairs and Parks Committee meeting of /28/14 PLEASE BRING YOUR DRAFT PLAN TO THE MEETING* 2/ / 4 Informational Memorandum dated 1/28/14 with attachments Resolution in final form Modified PROS Plan pages 2-9 and 2-10 59 60 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PARKS, RECREATION AND OPEN SPACE PLAN FOR THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 2207 AND 2213; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.63.062 authorizes the City of Tukwila to perform comprehensive park and open space planning; and WHEREAS, the Tukwila City Council requested that (through the Parks and Recreation Department) the administration prepare an updated Parks, Recreation and Open Space Plan; and WHEREAS, the City administration and Park Commission have completed review and modification of the Plan, and have forwarded the 2014 Parks, Recreation and Open Space Plan to the City Council for review and adoption; and WHEREAS, the plan was presented to the public for comment and modification at a public hearing on November 25, 2013; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The 2014 Parks, Recreation and Open Space Plan, attached hereto as Exhibit A, is hereby adopted. Section 2. A copy of the Plan shall be filed in the City Clerk's Office for use and examination by the public. Section 3. The 2014 Parks, Recreation and Open Space Plan is adopted by reference as part of the Comprehensive Plan. W: Word Processing \Ordinances \PROS Plan adopted 2 -12 -14 DJ:bjs Page 1 of 2 61 Section 4. A copy of this ordinance and the Parks, Recreation and Open Space Plan shall be filed with the following City departments: 1. Community Development 2. Public Works Department 3. Finance Department 4. Parks & Recreation Department 5. Mayor's Office Section 5. The 2008 Parks, Recreation and Open Space Plan, adopted by Ordinance No. 2207 on June 23, 2008, is hereby repealed. Section 6. Repealer. Ordinance Nos. 2207 and 2213 are hereby repealed. Section 7. 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 ordinance, 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 8. 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 9. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A — 2014 Parks, Recreation and Open Space Plan W: Word Processing \Ordinances \PROS Plan adopted 2 -12 -14 DJ:bjs 62 Page 2 of 2 summer camps and organizing educational excursions throughout the greater Seattle area. Awareness Distributing information about programming options is one of the factors that is especially challenging to Tukwila due to the large number of linguistic groups residing in the city. While finding the methods that best connect to residents is always a challenge, being able to provide the information in multiple languages and identify the most culturally effective methods adds significantly to raising awareness. Schedule Schedule is a key factor in matching programs to participants. Aligning programs to fit around work, school and family schedules was an important finding from the online questionnaire. Evening, weekend and early morning class times were most desirable. Currently, the majority of programming is held during weekday evenings, between the hours of 6 and 8 pm. Most morning programs are oriented for youth, such as swim lessons, summer camps and before school programs. There are fewer programs that occur during the lunch hour, and few early morning classes oriented for adults. Affordability The City has a direct hand in determining the affordability of programming to the user through the application of the cost recovery policy. The gap in affordability is largely about reconciling the variety of populations to serve, the programs to offer and the level of community investment. Affordability is also about the willingness and ability of the City to make more affordable programs available and to reconsider the way its current cost recovery policy is applied. Community input, particularly from the cultural and linguistic minorities in Tukwila, has indicated that even small user fees can be a major barrier to participation. The community questionnaire explored the balance of City investment and user fees for a selection of program types. Overall, respondents indicated that costs should be shared in some way (few indicated that any program should be 100% supported by the City). Two categories of programs were notably high in responses indicating that the user should pay 100% of costs: adult sports (35% of respondents) and fitness classes (21% of respondents). Alternatives Starfire Sports, SeaTac Community Center, Tukwila Pool, and the Matt Griffin YMCA provide the widest array of alternative recreation programs in and around Tukwila (Appendix B). These providers provide the most overlap with City of Tukwila offerings. • Starfire Sports: Starfire is largely focused on soccer (and other field sports) and offers a premium experience that is utilized by users from across the region. This facility requires an annual membership that ranges from $35 (basic) to $50 (premier membersh p) 63 for access to the facility and its programs, and field use fees ranging from $33 per hour per participant for youth, to $77 per hour per participant sj Between the or a uts � 2013 raj cost, the demand for field space and the location on the east side of the Green /Duwamish River, Starfire can be seen as a complement to the City programs and services with minimal overlap. • SeaTac Community Center: The SeaTac Community Center is located just outside of Tukwila to the northeast in the City of SeaTac. The 27,000 square foot facility features an indoor gym, weight room and reservable banquet room. The building also features an arts and crafts room and multi - purpose room that accommodate different types of recreational programming. JHim rll� 2013. Drop -in class fees are $6 and most activity fees are $2.50 - $3.50. There is also a monthly weight room pass available for $28 (adults) and $21 (seniors). • Tukwila Pool: The Tukwila Pool is centrally located in Tukwila and 64 operated by the Tukwila Metropolitan Park District, approved by voters in 2011. The indoor pool is open year - round and offers a range of aquatics rro *rams and classes includin oren swim and party rentals. For winter 2014, pool rates range from $3 -$4 for youth /senior and adult drop -in fees (respectively), a 10 -punch pass with discounted rates for residents, and monthly and annual passes. Scholarships are also available. During 2012/2013, the District commissioned major renovations to the pool, pool utilities and buildin exterior. • YMCA: While not located in Tukwila, the Matt Griffith YMCA center (near the border between Tukwila and SeaTac) offers a wide range of recreation opportunities that are similar to the City's offerings. The YMCA requires a one -time joining fee ranging, al 2013, from $25 (youth) to $100 (adults) and monthly membership fees from $32 (youth) to $65 (adult). Membership allows for unlimited use of all 13 YMCA facilities in the greater Seattle area, including most health and wellness programs. Specialty classes and programs requiring additional fees are offered at a lower rate to members. The YMCA also offers financial assistance with the intention of serving as much of the community as possible. Considering the range of programs available, the proximity to Tukwila and its competitive costs, the YMCA can be seen as a competitor to City programs. Formatted: Bullets and Numbering COUNCIL AGENDA S OPSIS lIeelinDale Prepared by AI,Dq :1:fre. r» Council /2 21' 02/10/14 B . Levee Agreement with the City of Kent tin lon 02/10/14 02/18/14 B G El 0) dr nalhe 111,; DA, F Bid lniaLl IN DA _ PuiVr, I lc,illq IN 1)7/, 01110 llig 0 7/( C \ tic ,( )10 Di 11/g I) iii AIN,Dale Si 't AS( )R C oun,r1 Alajo) DCD E Fenalhe I— Pile IT 1)--12. _ Poll, Plf ITEM INFORMATION ITEM No. 5.D. St \I I SP()N,`,OR BOB GIBERSON ORR,1\ \I Acd Ni) \ D \ i i 02/10/14 ,\( ,i Ni) \ tit \t1 1 HI Brisco/Desimone Interlocal Levee Agreement with the City of Kent tin lon 02/10/14 ,1Iolion 02/18/14 E Reoluthn ,I1A 0,7/0 El 0) dr nalhe 111,; DA, F Bid lniaLl IN DA _ PuiVr, I lc,illq IN 1)7/, 01110 llig 0 7/( C \ tic ,( )10 Di 11/g I) iii AIN,Dale Si 't AS( )R C oun,r1 Alajo) DCD E Fenalhe I— Pile IT 1)--12. _ Poll, Plf S1)( tN,St )R'S There are four reaches (sections) of the Brisco/Desimone Levee that require repairs in sniv \in order to provide a 100-year level of flood protection. King County Flood Control District has approved Kent's plan. As two reaches are located in Tukwila, an Interlocal Agreement between Tukwila and Kent is needed that will authorize the work, designate SEPA authority, grant condemnation authority, and allow Kent's contractors to work in Tukwila. Kent will be required to meet Tukwila's shoreline regulations. Ri VII \\ I I) M — CO\\' Mtg. E CAM' Cmte F&S (-nti franTortatton Cmte Cmte Art:, Comm. — Paris, Comm Planning Comm. COMNILITI EL C H A I R : KATE KRULLER Utilities DA I E 02/03/14 RECOMMENDATIONS: SP( )\N )R/A1) Co \NIIIII miN Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE F\pi \i)ItuRI RI QuIRI i) AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source, Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/10/14 Forward to next Regular Meeting with changes 02/18/14 MTG. DATE ATTACHMENTS 02/10/14 Informational Memorandum dated 01/31/14 Interlocal Agreement between the cities of Tukwila and Kent Minutes from the April 22, 2013 Committee of the Whole and Special Meeting Minutes from the Utilities Committee meeting of 02/03/14 02/18/14 Tnterinral Agreement with amendments based on Council discussion 66 INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE CITY OF TUKWILA FOR CONSTRUCTION AND ACCREDITATION OF THE DESIMONE LEVEE THIS INTERLOCAL AGREEMENT is entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington between the City of Kent, a Washington Municipal Corporation ( "Kent ") and the City of Tukwila, a Washington Municipal Corporation ( "Tukwila "). RECITALS A. The Federal Emergency Management Agency (FEMA), the agency responsible for the nation's flood insurance program, has determined that the Green River levees do not have the documentation to be accredited to provide 100 -year flood level protection. B. FEMA is responsible for and is reissuing the Flood Insurance Rate Maps for the Green River Valley. The preliminary map encompasses the cities of Kent and Tukwila and shows a large segment of Kent and Tukwila to be within the 100 -year flood -plain and floodway, even though they are behind existing levees. Properties within the 100 -year flood plain typically must acquire costly flood insurance, are subject to increased development standards, and subject to dramatic devaluation. C. These flood insurance requirements act as a disincentive to development and redevelopment in the Green River Valley. D. Kent and Tukwila share a mutual boundary in an area along the Green River that is protected by the "Desimone Levee." A breach in the Desimone Levee section in Tukwila would inundate properties within both Kent and Tukwila. E. Beginning in 2010, Kent prepared the necessary engineering studies to verify, through FEMA's Conditional Letter of Map Revision process, that the levee segments along the Green River are constructed to federal levee safety standards, and identify any repairs needed in order to meet the standards. The study identified 2 weak portions of the levee system located in the city limits of Tukwila, see Exhibit E. F. Both parties desire to have the necessary repairs made to have the levee meet federal levee safety standards. G. Kent, along with King County, was instrumental in obtaining a $7,000,000 state grant which was awarded to the King County Flood Control Zone District (KCFCD) for Briscoe - Desimone Levee improvements, see Exhibit A. H. The KCFCD passed Resolution FCD2013 -02.2 on February 26, 2013, providing for use of the state grant, providing additional KCFCD funding for the Briscoe - Desimone Levee project, supporting the use of setback levees that are retained by Interlocal with Tukwila - Desimone Levee Page 1 of 6 02/10/14 67 walls on the landward side, and assigning Kent responsibility for design and construction of these setback levee improvements. I. Kent entered into an interlocal agreement with the KCFCD on June 6, 2013, see Exhibit B, relating to the use of state and KCFCD funds, assigning Kent as lead for design, permitting and construction of the Briscoe - Desimone Levee project. Tukwila desires that Kent act as lead agency for permitting, design and river levee construction as well as certification of the Desimone Levee in Tukwila. J. The Briscoe Levee is located along the right bank (easterly side) of the Green River between S. 200th Street and S. 189th Street within Kent, River Mile 17.0 to 15.45. The Desimone Levee is located along the right bank of the Green River between S. 189th Street and S. 180th Street within Tukwila, River Mile 15.45 to 14.3. The location of the Briscoe & Desimone Levees as shown on Exhibit C. K. Because both parties desire to work together for the mutual and overall benefit of their citizens and property owners, Kent shall be responsible for processing and acquiring all permits, except for shoreline permits for work conducted within Tukwila. L. Tukwila will be notified immediately of any substantial design and /or construction changes or substantial funding changes. Both parties agree that substantial for the purpose of this agreement means work valued at over $40,000, or anything that impacts the interpretation or application of the Tukwila Shoreline Master Program. IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS, PROMISES, AND BENEFITS ESTABLISHED BELOW, THE PARTIES AGREE AS FOLLOWS: AGREEMENT 1. AUTHORITY TO PERFORM NECESSARY STUDIES. Tukwila grants to Kent authority to perform all necessary studies, engineering investigations and all other work necessary to prepare a Letter of Map Revision (LOMR) to accredit the Desimone Levee, as shown in Exhibit E, whose failure would inundate a portion of Tukwila and Kent. Kent will prepare all studies, submit LOMR applications and respond to FEMA questions as needed to complete the LOMR process. Kent will track all costs associated with this work. 2. PERMITTING AND SEPA REVIEW. Kent shall be responsible for conducting SEPA review and for processing all permits necessary to complete the Desimone levee improvements, except for shoreline permits required for work completed in Tukwila, which shall be processed by Tukwila. Tukwila grants Kent the authority to process and acquire permits for Tukwila and to conduct SEPA within Tukwila. 3. AUTHORITY TO PERFORM FINAL DESIGN OF NEEDED IMPROVEMENTS. Tukwila hereby grants Kent the authority to perform all necessary design and acquire necessary permits for needed repairs to the existing levees within the city Interlocal with Tukwila - Desimone Levee 68 Page 2 of 6 02/10/14 limits of Tukwila as required to certify the levee and obtain a LOMR from FEMA. Whenever practical, Kent will provide Tukwila design drawings, specifications and cost estimates of needed improvements for Tukwila's review and prior written approval, which approval will not be unreasonably withheld. 4. AUTHORITY TO CONDEMN PROPERTY. Both parties have the authority, under Title 8 of the Revised Code of Washington, to condemn property for the protection of the public by the construction or reconstruction of this levee. Tukwila grants Kent the authority to condemn, or to acquire in lieu of condemnation, property within Tukwila, but only to the extent necessary to construct the levee improvements as evidenced by approved preliminary or final construction plans. 5. CONSTRUCTION OF NECESSARY IMPROVEMENTS. It is anticipated that one or more segments of the Desimone levee will require reconstruction in order to certify that the levee meets FEMA requirements. Tukwila grants Kent the authority to construct any necessary improvements to segments of the Desimone levee that are located within Tukwila; provided, Tukwila shall have the right to inspect all work done for workmanship and compliance with Tukwila's standards and to require corrections when necessary. Tukwila shall be invited to all construction meetings held by Kent. 6. COST SHARING All design, acquisition, and construction costs will be included under this Agreement, provided the location of the wall is consistent with KCFCD Resolution FCD2013 -02.2. Any changes specifically requested by Tukwila that result in cost increases will be paid by Tukwila. Tukwila will provide reimbursement to Kent within thirty (30) days of a request for reimbursement from Kent. Compliance with the Tukwila Shoreline Master Program will not be considered to be a change. The parties expect that all costs for work covered under this agreement will be covered by the state grant, KCFCD funding, or other grant sources. However, in the event any work, including design, property acquisition, permit, and CLOMR work performed after January 1, 2013, is not funded fully by other sources, funds are withdrawn, the project is not able to obtain a variance to the Tukwila Shoreline permit in order to construct the project consistent with KCFCD Resolution FCD2013 -02.2, or cost overruns exceed funding amounts, all work will cease and the two parties will meet to discuss available options to allow the project to move forward. Tukwila will be notified immediately of any design changes or substantial funding changes. 7. DESIGNATED REPRESENTATIVES. Each party shall designate a representative to meet, confer, evaluate and administer expenditure proposals in connection with these projects. The representatives shall meet as warranted at dates and times determined by them to be most convenient. The representatives are also empowered to designate, identify and develop procedures and processes for their interaction in connection with the administration of the project. 8. INSURANCE. Each party shall be responsible for maintaining, during the term of this Agreement, and at its sole cost and expense, insurance coverage in amounts determined to be sufficient by each party's representative. Interlocal with Tukwila - Desimone Levee Page 3 of 6 02/10/14 69 9. INDEMNIFICATION. Each party shall defend, indemnify and hold harmless the other party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indemnifying party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of Kent or its contractors, employees, agents, or representatives, and the city of Tukwila or its contractors, employees, agents, or representatives, each party's obligation hereunder applies only to the extent of the negligence of such party or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to Kent or Tukwila, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under industrial insurance, Title 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver has been mutually negotiated. 10. RESOLUTION OF DISPUTES AND GOVERNING LAW. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals; provided, however, nothing in this paragraph shall be construed to limit a party's right to indemnification under Section 9 of this agreement. 11. WRITTEN NOTICE. All communications regarding this agreement shall be sent to the parties' respective city clerks at the addresses listed on the signature page of the agreement. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail. 12. ASSIGNMENT. Any assignment of this agreement by either party without the written consent of the other party shall be void. If the non - assigning party gives its consent to any assignment, the terms of this agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 13. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly Interlocal with Tukwila - Desimone Levee 70 Page 4 of 6 02/10/14 authorized representative of the parties. Substantial modifications to this agreement shall require approval of the parties' respective city councils. 14. ENTIRE AGREEMENT. The written provisions and terms of this agreement, together with any attached Exhibits, shall supersede all prior verbal statements of any officer or other representative of the parties, and those statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this agreement. However, should any language in any of the Exhibits to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. 15. COMPLIANCE WITH LAWS. The parties agree to comply with all federal, state, and local laws, rules, and regulations that are applicable to this agreement. 16. COUNTERPARTS. This agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 17. DURATION. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect through December 31, 2023. 18. PURPOSE. The purpose of this agreement is to facilitate the accreditation and construction of needed repairs of the Desimone Levee section because its failure could inundate property within Kent and Tukwila. 19. ADMINISTRATION. Kent shall be the administrator of this agreement, with oversight and assistance provided by the respective named representatives identified in Section 7. 20. OWNERSHIP AND MAINTENANCE OF COMPLETED PROJECT. Upon completion of the project, the responsibilities for maintenance and ownership of the improvements shall revert back to the parties that had the maintenance responsibilities and ownership prior to the commencement of this agreement. 21. TERMINATION. Any party may terminate this agreement, with or without cause, upon providing the other parties not less than 180 calendar days advanced written notice. A party terminating this agreement shall remain responsible for its proportionate share of expenses incurred under this agreement. 22. COPIES OF THE AGREEMENT. Copies of this agreement shall be recorded in King County or otherwise made public in conformance with the Interlocal Cooperation Act. 23. AUDITS AND INSPECTIONS. The records and documents with respect to all matters covered by this contract shall be subjected to inspection, review or audit by the Parties at the requesting party's sole expense during the term of this Agreement and six (6) years after expiration or termination. Such records shall be made Interlocal with Tukwila - Desimone Levee Page 5 of 6 02/10/14 71 available for inspection during regular business hours within a reasonable time of the request. 24. INTERLOCAL COOPERATION ACT. The purpose of this Agreement is to repair the Desimone levee so that it meets federal levee safety standards. This Agreement does not create a separate joint board or other legal or administrative entity. The parties shall hold and dispose of property as set forth in this Agreement. The parties are each responsible for their own finances in connection with this Agreement, and nothing in this Agreement shall be deemed or construed otherwise. The duration of this Agreement shall be ten years from the date of final execution. THIS AGREEMENT WILL TAKE EFFECT ON THE LAST DATE ENTERED BELOW. CITY OF KENT: 220 Fourth Avenue South Kent, WA 98032 By: (signature) Print Name: Suzette Cooke Its: Mayor (title) DATE: Attest: , City Clerk APPROVED AS TO FORM: Kent Law Department CITY OF TUKWILA: 6200 Southcenter Blvd. Tukwila, WA 98188 By: (signature) Print Name: Jim Haggerton Its: Mayor (title) DATE: Attest: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Shelley Kerslake, City Attorney Interlocal with Tukwila - Desimone Levee 72 Page 6 of 6 02/10/14 EXHIBIT A Ecology Grant Agreement No. G13OO118 between the State of Washington Department of Ecology and the King County Flood Control Zone District Interlocal with Tukwila - Desimone Levee 01/24/14 73 EXHIBIT B Agreement for Levee Construction, Operation and Maintenance Briscoe - Desimone Levee River Mile 14.3 to 17.0, Right Bank Interlocal with Tukwila - Desimone Levee 01/24/14 74 EXHIBIT C Location Map with River Miles Interlocal with Tukwila - Desimone Levee 01/24/14 75 EXHIBIT D CLOMR by Reference Interlocal with Tukwila - Desimone Levee 01/24/14 76 EXHIBIT D A. Stability and Certification Report Briscoe /Desimone Levees Kent, Washington by GeoEngineers, Inc. dated October 24, 2011. B. FEMA Accreditation Report Green River Right Bank Levee Briscoe - Desimone Levee System by GEI Consultants, Inc. dated April 2012. Interlocal with Tukwila - Desimone Levee 01/24/14 77 Interlocal with Tukwila - Desimone Levee 01/24/14 78 COUNCIL AGFNDA SYNOPSIS VIeetinc, Dale Pnpweri 1?) NI (1;14 r(>4 1' Co 14 n ci 1 review 02/10/14 BG .4) /7 k- Reloliaton 1\11g Date 02/18/14 B G - - ' , la Q ' .,..... . , I"', K 11/g SP( )NS( ( olliicil \LI)oi 1 111R 1 1 DC] ) I rihme I o e 11 1/i *R Polz‘e 1)117 SP( AN )1,(' ., Green River Construction was awarded the contract for the repair of the sewer main break St \t\I \Ry at 6450 Southcenter Blvd. After work began to install the new sewer manhole, the broken pipe was exposed and the scope of the project increased dramatically. Additional bypass pumping was required for the installation of 100 feet of sewer pipe, as well as additional traffic control and property restoration. Council is being asked to approve Change Order No. 1 to Contract #13-181 with Green River Construction in the amount of $104,462.03. RI VII \\ I 1) I3 1 I COW Mtg. RMATION ITEM No. 5.E. 79 S1 \I 1 Si)()\()R BOB GIBERSON 01t161\ \I A(,1 \I) \ I \ 1 I 02/10/14 At,IND\IiI 'u 'II Sewer Repair at 6450 Southcenter Blvd Approve Change Order No. 1 to Contract No. 13-181 with Green River Construction C \ 1 I :c R\ Di. filiron 1,kg1),i/e 02/10/14 ,_11otrop Ddk 02/18/14 Reloliaton 1\11g Date I 1 Ord1176111ce \IN. D, we Bid liPard \Irtq I) w R[//z: 1 learrq , lig 1 lair, I 1 lig K 11/g SP( )NS( ( olliicil \LI)oi 1 111R 1 1 DC] ) I rihme I o e 11 1/i *R Polz‘e 1)117 SP( AN )1,(' ., Green River Construction was awarded the contract for the repair of the sewer main break St \t\I \Ry at 6450 Southcenter Blvd. After work began to install the new sewer manhole, the broken pipe was exposed and the scope of the project increased dramatically. Additional bypass pumping was required for the installation of 100 feet of sewer pipe, as well as additional traffic control and property restoration. Council is being asked to approve Change Order No. 1 to Contract #13-181 with Green River Construction in the amount of $104,462.03. RI VII \\ I 1) I3 1 I COW Mtg. 1 Cmtc I ( \&P Cmte 1 1 P&S Critic '1 ransportation Cmte _. \ rts Comm. Park', Comm. Planning Comm. COMNIITTHE CI 'AIR KATE KRULLER Dtihttes DiV1 1-1 02/03/14 RECOMMENDATIONS: Si,()\()It/A1)\[IN Co \I\I] Public Works Department J1'I 1k Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE FAN \ 1)1 10k] RI Q1 IRI D AMOUN1 BUDGLII I) APPROPRIATION R1 QUIRE]) $104,462.03 $0.00 $104,462.03 Fund Source: 402 SEWER FUND Con/me/as A claim for the entire project costs will be a issued to Comcast and their contractor MTG. DATE RECORD OF COUNCIL ACTION 02/10/14 Forward to next Regular Meeting 02/18/14 MTG. DATE ATTACHMENTS 02/10/14 Informational emorandum dated 01/31/14 Change Order No. 1 to Contract No. 13-181 Photos of orange fiber optic ducts found during excavation Minutes from the Utilities Committee meeting of 02/03/14 02/18/14 No attachments 79 80 COUNCIL AGENDA S OPSIS ,AleetrliAll)ale Prepared C: Al' r:■• rew w Collncil review 02/10/14 Ba4FP) ' I (-7-, E Re, ()boo,' Aftw, Date 02/18/14 BG ''''. -1 r/q E Other lm;i)ire A lt, Date 02/18/14 SP( )\,,s( )R Coimil E ,llajor I — IX I) • l'ina the lue IT P(?:--R E Polz,e 111 Plf ' Sl'( )'\.,( )1t's tw telecom of washington Ilc (TWTC) Franchise Agreement Ordinance No. 2231 has Si"\ii\I \in expired. In 2001, TWTC constructed a fiber optic system to provide voice and data services to customers in the Puget Sound region. The TWTC franchise agreement is for five years with a possible one year extension. Council is being asked to approve the new ordinance for the franchise agreement that will allow TWTC to continue operating in the City's right- of-way and facilitate construction of future fiber optic projects. ITEM INFORMATION ITEM No. 5.F. 81 Si AI I SP( )N()R BOB GIBERSON ORIGIN \I VII NI) \ D \ 01: 02/10/14 At,I \ 1 ) \ IL 111111 Ordinance Granting a Non-Exclusive Franchise Agreement with tw telecom of washington lk c \ tic,( ,in Dz,(urIzon ■[,,D‘,/, 02/10/14 E A lotion ,.11/g Date E Re, ()boo,' Aftw, Date 0 rdi n an, e 13/' /Imo (1 )Ii 12 al( 1//S t, I Lamp 1N D ate E Other lm;i)ire A lt, Date 02/18/14 SP( )\,,s( )R Coimil E ,llajor I — IX I) • l'ina the lue IT P(?:--R E Polz,e 111 Plf ' Sl'( )'\.,( )1t's tw telecom of washington Ilc (TWTC) Franchise Agreement Ordinance No. 2231 has Si"\ii\I \in expired. In 2001, TWTC constructed a fiber optic system to provide voice and data services to customers in the Puget Sound region. The TWTC franchise agreement is for five years with a possible one year extension. Council is being asked to approve the new ordinance for the franchise agreement that will allow TWTC to continue operating in the City's right- of-way and facilitate construction of future fiber optic projects. Ri \ II \\ I I) 1-i, COW Mtg. E CA&P Cmte E hkS Cmte F Transportation Cmte Cmte El .krts Comm. _ Parks Comm. I— Planning Comm. COMMIT1EL CI LAIR. KATE KRULLER Utilities DAIL 02/03/14 RECOMMENDATIONS: si,()N()R/A1)\11\ CA ) \I \II Public Works Department 1111 Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Expi m),II,R1 RI Ql IRI I) AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/10/14 Forward to next Regular Meeting 02/18/14 MTG. DATE ATTACHMENTS 02/10/14 Informational Memorandum dated 01/31/14 Draft Ordinance with Exhibits Minutes from the Utilities Committee meeting of 02/03/14 02/18/14 Ordinance in final form 81 82 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO tw telecom of washington Ilc, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; REPEALING ORDINANCE NO 2231; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2231, granted tw telecom of washington Ilc, hereinafter referred to as "TWTC," a three -year, non - exclusive franchise, which expired June 9, 2012, and the parties have been operating under such franchise on a holdover basis until a new franchise is in place, during which time TWTC has acted in compliance with that franchise and applicable permits; and WHEREAS, TWTC is a telecommunications company that, among other things, provides voice and data services to customers, including those in the Puget Sound region; and WHEREAS, TWTC's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights -of -way for the installation, operation, and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local businesses and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights -of -way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights -of -way is necessary to ensure that the burden of costs for the operations of non - municipal interests are not borne by the citizenry; and W: Word Processing \Ordinances \tw telecom franchise agreement 1 -28 -14 Fl:bjs Page 1 of 11 83 WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non - exclusive franchises for the use of public streets, rights -of -way, and other public property for transmission of communications; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Non - exclusive Franchise Granted. A. The City hereby grants to TWTC, subject to the conditions prescribed in this ordinance ( "Franchise Agreement "), the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a telecommunications facility within the City -owned rights -of -way generally described in Exhibit A, and hereinafter referred to as the "Franchise Area." B. The foregoing franchise rights and authority ( "Franchise ") shall not be deemed to be exclusive to TWTC and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to TWTC; provided, that such other franchises do not unreasonably interfere with TWTC's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent, the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C. This Franchise Agreement merely authorizes TWTC to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to TWTC. Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies, and procedures as he or she deems necessary to carry out the provisions contained herein. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of five years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and TWTC shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If TWTC requests a renewal request prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise Agreement, written notice of the extension shall be provided to TWTC prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as W: Word Processing\Ordinances \tw telecom franchise agreement 1 -28 -14 Fl:bjs 84 Page 2 of 11 Exhibit B. Failure on the part of TWTC to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non - compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6. A. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, TWTC shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila Department of Public Works. B. Coordination. All capital construction projects performed by TWTC within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Public Works Engineering Division to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. C. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for TWTC within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to the City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. D. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Director of Public Works. E. Relocation. 1. Whenever the City causes a public improvement to be constructed within the Franchise Area, and such public improvement requires the relocation of TWTC's facilities, the City shall provide TWTC with written notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and TWTC shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. W: Word Processing \Ordinances \tw telecom franchise agreement 1 -28 -14 FI:bjs Page 3 of 11 85 2. To ensure timely execution of relocation requirements, TWTC shall, upon written request from the City, provide at TWTC's expense, base maps, current as -built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of facilities, and relocation procedures), and other design, technical or operational requirements within the time frame specified by the City. 3. TWTC may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation within a reasonable time specified by the City. Such alternatives shall include the use and operation of temporary facilities in adjacent rights -of -way. The City shall evaluate such alternatives and advise TWTC in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, TWTC shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by TWTC full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, TWTC shall relocate its facilities as otherwise specified in Section 5.E. 4. Upon final approval of the relocation plan by the City, TWTC shall, at its own expense, unless otherwise prohibited by statute, and at the time frame specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right -of -way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights -of -way. 5. If during the construction, repair, or maintenance of the City's public improvement project an unexpected conflict occurs from TWTC's facilities, TWTC shall, upon notification from the City, respond within 24 hours to resolve the conflict. F. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, facilities and amenities within the Franchise Area, TWTC shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by TWTC may be abandoned without the express written consent of the City. G. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, TWTC shall, upon the request of the City, furnish a bond executed by TWTC and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of TWTC's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the telecommunications system to be installed by TWTC in the City rights -of -way. At TWTC's sole option, W: Word Processing \Ordinances \tw telecom franchise agreement 1 -28 -14 Fl:bjs 86 Page 4 of 11 TVVTC may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that TVVTC shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective TWTC work or materials discovered in the City's roads, streets, or property. H. "One- Call" Location & Liability. TVVTC shall subscribe to and maintain membership in the regional "One- Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to TWTC's system components or for interruptions in service to TWTC customers which are a direct result of work performed for any City project for which TWTC has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the TVVTC system components or for interruptions in service to TVVTC customers resulting from work performed under a permit issued by the City. I. As -Built Plans Required. TVVTC shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current Autocad version prior to close -out of any permit issued by the City and any work undertaken by TWTC pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. J. Recovery of Costs. TWTC shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, TWTC shall pay such reasonable costs and expenses directly to the City. K. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to TWTC, terminate this Franchise Agreement with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to TVVTC by reason of such termination other than those provided for in RCW 35.99. W: Word Processing \Ordinances \tw telecom franchise agreement 1 -28 -14 Fl:bjs Page 5 of 11 87 Section 6. Franchise Compliance. A. Franchise Violations. The failure by TWTC to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the Franchise Agreement and requests remedial action within 30 days of receipt of such notice. If TWTC has not attained full compliance at the end of the 30 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30 -day period. B. Emergency Actions. 1. If any of TVVTC's actions, or any failure by TWTC to act to correct a situation caused by TWTC, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order TWTC to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify TVVTC and give TWTC an opportunity to correct within a reasonable specified time, said threat, financial harm or delay before undertaking such corrective measures. TWTC shall be liable for all reasonable costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by TWTC and shall further be liable for all reasonable costs, expenses, and damages resulting to the City from such situation, and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by TWTC to take appropriate action to correct a situation caused by TWTC and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of the terms of this Franchise Agreement. 2. If during construction or maintenance of TWTC's facilities any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, TVVTC or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of TWTC's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and /or damages. D. Removal of System. In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, TWTC shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow TWTC to abandon its facilities in place. W: Word Processing \Ordinances \tw telecom franchise agreement 1 -28 -14 Fl:bjs 88 Page 6 of 11 Section 7. Insurance. A. TWTC shall maintain liability insurance written on a per- occurrence basis during the full term of this Franchise Agreement for personal injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code. B. Such insurance shall specifically name as additional insured the City, its officers, and employees, shall apply as primary insurance, shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder, and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City. Notice shall be by certified mail, return receipt requested to the City. C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits and Approvals. Nothing in this Agreement shall relieve TWTC from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the Franchise Area. Section 9. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this Franchise Agreement shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment of any rights, title, or interest in TWTC's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from TWTC to another person or entity controlling, controlled by, or under common control with TWTC. TWTC may license fibers to other users without the consent of the City provided that TWTC remains solely responsible for the terms and conditions outlined in this Franchise Agreement. B. In any transfer of this Franchise which requires the approval of the City, TWTC shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any actual and reasonable administrative costs associated with a transfer of this Franchise which W: Word Processing \Ordinances \tw telecom franchise agreement 1 -28 -14 Fl:bjs Page 7 of 11 89 requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for any "telephone business" as defined in RCW 82.16.010 or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise. TWTC does hereby warrant that its operations as authorized under this Franchise Agreement are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in RCW 35.99.010. B. TWTC shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise Agreement. These costs shall include, but not be limited to, wages, benefits, overhead expenses, equipment, and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of the City's right -of -way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time administrative fee is due 30 days after franchise approval. C. In the event TWTC submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, TWTC shall reimburse City for amendments and expenses associated with the project. TWTC shall pay such costs within 30 days of receipt of bill from the City. D. Failure by TWTC to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or TWTC shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Email: christy.oflahertytukwilawa.gov Phone: 206 - 433 -1855 W: Word Processing \Ordinances \tw telecom franchise agreement 1 -28 -14 Fl:bjs 90 Page 8 of 11 Greg Diamond Vice President, Regulatory tw telecom of washington Ilc 10475 Park Meadow Drive Littleton, CO 80124 Email: greg.diamond(twtelecom.com Phone: 206 - 676 -8052 with an additional copy to: Tina Davis Senior VP & General Counsel tw telecom of washington Ilc 10475 Park Meadow Drive Littleton, CO 80124 Email: tina.davis(a�twtelecom.com Phone: 303 - 566 -1279 Section 12. Indemnification. A. TWTC shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and facilities within the Franchise Area. TWTC shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of TWTC, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to TWTC by this Franchise. In the event any claim or demand is presented to or filed with the City which gives rise to TWTC's obligation pursuant to this section, the City . shall within a reasonable time notify TWTC thereof and TWTC shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to TWTC's obligation pursuant to this section, the City shall promptly notify TWTC thereof, and TWTC shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, TWTC may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require TWTC to: 1. protect and save the City harmless from any claims, actions, or damages; 2. settle or compromise any claim, demand, suit, or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. W: Word Processing \Ordinances \tw telecom franchise agreement 1 -28 -14 Fl:bjs Page 9 of 11 91 B. To the extent of any concurrent negligence between TVVTC and the City, TWTC's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, TWTC expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of TVVTC's officers, agents or employees. This waiver is mutually negotiated by the parties. Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, either party may deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the portion declared invalid or unconstitutional as severable and maintain in force the remaining provisions of this ordinance; provided that, if the City elects, without agreement by TVVTC, to enforce the remaining provisions of the ordinance, TVVTC shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this agreement or any local ordinance which may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law. Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. TWTC shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right -of -way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. W: Word Processing \Ordinances \tw telecom franchise agreement 1 -28 -14 Fl:bjs 92 Page 10 of 11 Section 16. Future Rules, Regulations, and Specifications. TWTC acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to TWTC, shall thereafter govern TWTC's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect TWTC's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to TWTC and other similar user of such facilities. Section 17. Repealer. Ordinance No. 2231 is hereby repealed. Section 18. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — tw telecom of Washington Ilc — Fiber Optic System Description and Route Map Exhibit B — tw telecom of Washington Ilc — Franchise Agreement Acceptance Form W: Word Processing \Ordinances \tw telecom franchise agreement 1 -28 -14 Fl:bjs Page 11 of 11 93 94 EXHIBIT A — Page 1 tw telecom of washington llc (TWTC) Fiber Optic System Description TWTC currently has a fiber optic system along Interurban Avenue South. On Interurban Avenue South, the system continues east to Boeing Access Road and heads north on Airport Way South into Seattle. TWTC purchased telecommunications conduits from McLeod USA and installed a fiber optics infrastructure. The fiber optic system is located on East Marginal Way from Interurban Avenue South to South 133rd Street. It continues east on South 133rd Street to Interurban Avenue South. McLeod USA and TWTC fiber optic systems are in common manholes at each tie -in point on Interurban Avenue South. TWTC's fiber optic system also serves customers in the Commercial Business District, starting from a vault on Interurban Avenue South and Family Fun Center Way and heading to Southcenter Boulevard. On the north side, attached to the bridge portion of Southcenter Boulevard, the system heads to the Christianson Trail on the west side of the Duwamish River, then heads south to the intersection of Tukwila Parkway and Christensen Trail. TWTC's system continues westerly on the south side of Tukwila Parkway to the intersection of Andover Park West and Tukwila Parkway. From the west side of Andover Park West, the system heads south to Corporate Drive North. At this location, the system heads back north across the Corporate Drive North then west on the north side of Corporate Drive North, and terminates into a telecommunications vault. Beginning at an existing communications vault located on the south west corner of Corporate Drive North and Andover Park West, TWTC's system proceeds east across Andover Park West to the eastside at which point it turns and proceeds south along the eastside of Andover Park West to where it enters King County Housing Authority located at 600 Andover Park West. 95 F „ata, n■ all Exhibit A WFPW Eny'GIS`Rtajects,FFanRRbel Opla,s',IP/TC ,TWIC Fiber al a ra Date OR 14/14* Cy R Dasao 96 Date: EXHIBIT B tw telecom of washington Ilc Franchise Agreement Acceptance Form City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila, WA 98188 Re: Ordinance No. , adopted on Dear City Clerk: In accordance with and as required by Section 4 of City of Tukwila Ordinance No. , passed by the City Council and approved by the Mayor on (the "Ordinance"), tw telecom of washington, lic hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, Signature Printed Name and Title cc: Frank lriarte, Public Works Department, City of Tukwila 97 98 mon City of Tukwila CITY ADMINISTRATOR REPORT The City of opportunity, the community of choice TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: February 12, 2014 SUBJECT: Report for February 18, 2014 Regular Council Meeting Jim Haggerton, Mayor 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 • Kinq County City Administrators /Managers Meeting: The City Administrator attended the King County City Administrators /Managers Monthly meeting where the group discussed the King County Transportation Benefit District, Human Trafficking, AWC Legislative Update and SCA provided an update. • Multi- Jurisdictional Meeting: City Administrator David Cline and Project Analyst Joyce Trantina hosted a meeting with other local jurisdictions, such as Renton, SeaTac, Bellevue, Redmond and Issaquah, that are working on implementing HPO, LEAN and other organizational programs. • April 24 Career Day: Staff met with school district personnel regarding a Career Day scheduled for April 24 at Foster High School. Businesses and others will be invited to share information about various fields and jobs, and students will have an opportunity to learn more about a wide range of career and education opportunities. • Planninq Directors /Human Services Managers Meeting: Planning and Human Services staff are working with Housing Development Consortium to plan the second joint Planning Directors /Human Services managers meeting. II. Community Events • Business Vitality Forum: The City and Southwest King County of Chamber hosted an open house /discussion forum on February 12, to share updates and information regarding projects across the City. Business participants were also led through a SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) exercise. The information and ideas shared will help inform the Economic Development element of the Comprehensive Plan update. • Regional Parent Engagement Evening: Tukwila School District and Community Center for Education Results hosted a regional parent engagement evening on February 6. Models promoting greater parent engagement were shared, and there was active participation from the audience. III. Staff Updates Public Safety • Tukwila Fire Department Strategic Plan: Berk and Associates has completed the first draft of the Fire Department Strategic Plan. 99 City Administrator Report Page 2 • Fire Station Tour: Raejean Kreel, Public Educator, organized a tour of station 51 for ten developmentally disabled citizens who came and had a great time seeing the fire engines and watching the firefighters dress up in their bunker gear. Thanks to B51 crew for helping out. • Fire Extinquisher class at the Museum of Fliqht: Public Educator, Raejean Kreel conducted a Fire Extinguisher class at the Museum of Flight where 20 people learned how to properly apply a fire extinguisher to a live fire. • Natural Gas Leak: On the morning of February 5 fire was dispatched to an odor of natural gas in the 18300 block of SC Pkwy. Upon arrival a leak from a gas meter's relief value in the Segale Business Park was confirmed. The area was secured with assistance from Segale employees and PSE was contacted to secure the leak. • Police Department assists the Port of Seattle and Seattle Police: The Police Department Civil Disturbance Unit (CDU) members (as part of the larger Regional Valley CDU) responded to mutual aid requests from the Port of Seattle and The Seattle police Departments to assist with the Seahawks return after their Super bowl win. We also assisted with the parade in downtown Seattle. Our Community Policing Team led by Sergeant Devlin was the lead element in that parade on bicycles. Our officers performed superbly in that challenging environment staying safe during extended hours in the extreme cold as they assisted with managing the epic crowd. Project Updates • Traveler's Choice Motel: The City conducted on -site inspections of the property and will be finalizing purchase of the property in the next few months. • Strategic Plan Implementation: The City provided Cultural Awareness training to 36 employees on February 6. Additional training will be done later this spring. • Washington Place Pre - Application Meetinq: DCD Staff held a formal pre - application meeting with Mr. Lee and his consultants to discuss development issues with the proposed 18 story hotel and apartment project on the old Circuit City site. Some potential code issues were identified that may require an amended development agreement. DCD is also developing a permitting timeline based on their milestone dates of starting foundation work on July 14 and building construction on September 1. • De -Icinq Collaboration with SeaTac: Public Works staff completed training with SeaTac Public Works on the process of transferring de -icing materials from their stock tank to our de -icing equipment and were able to apply de -icer to primary and secondary streets during the cold weather last week. Community Services • Project Feast: On February 4 the Tukwila Community Center became the "home base" to Project Feast a local non - profit organization whose mission is "To transform the lives of refugees and immigrants by providing pathways to sustainable employment in the food industry, and to enrich communities through exploring ethnic culture and cuisine." Some of the ways we are partnering with Project Feast include: Offering International Cooking Classes, providing kitchen space for their FREE training program and to support their catering program and collaborating to provide "open house" events to grow our community outreach efforts 100 Upcoming Meetings & Events February /March 2014 17th (Monday) 18th (Tuesday) 19th (Wednesday) 20th (Thursday) 21st (Friday) 22nd (Saturday) Presidents Day City offices closed a i), T . ➢ Utilities Cmtc, ➢Park Commission, 5:30 PM (Community Center ) ➢ Finance &" Safety Crate, 5:30 PM (Hazelnut Conference Room) Tukwila Preschool Open House 6:00 — 7:00 PM (Community Center) Come meet the teacher, see the classroom, and learn about the program. p' g' (Beginning in September 2014). ➢ Tukwila Historical Society, 7:00 PM (Tukwila Heritage & Cultural Center, 14475 59th Ave S.) Tukwila Int'l. Action Crate's Trash Pickup 9:00 10 00 f 1. For location information contact Sharon Mann 206- 200 -3616 Blvd. Day AM or 5:15 PM Cancelled ➢ City Council Regular Mtg., g 7:00 PM (Council Chambers) 24th (Monday) 25th (Tuesday) 26th (Wednesday) 27th (Thursday) 28th (Friday) 1st (Saturday) ➢ Transportation Crate, 5:15 PM (Foster Conference Room) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) ➢ Community Affairs & Parks Crate, 5:30 PM (Hazelnut Conference Room) ➢ Tukwila Metropolitan Park District Board of Commissioners, 5:30 PM (Council Chambers) DI F" �c• ., Dr. Seuss Night Celebrate Dr. Seuss' birthday with bouncers, arts and crafts, food & games! Kids receive a free book for being a part of the celebration! FREE FAMILY FUN! 6:00 to 8:00 PM (Community Center) ➢ Planning Commission, 6:30 PM (Council Chambers) ➢ Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. ➢ Chamber of Commerce's Tukwila Government and Community 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 ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Hazelnut Conference Room. Chris Par•tman (206- 431 - 2197). ➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Joyce Tr•antina at 206 - 433 -1850. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room (A) Fire Department pipeline employees. (B) 2014 FEMA Assistance to Firefighters grant. (C) False alarm fines. (D) Finance and Safety Committee 2014 Work Plan. (E) Police Department 2013 4th Quarter 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 Ker•tzman at 206 -575- 2489. > Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Planning Commission /Board of Architectural Review: 6:30 PM, Council Chambers at City Hall. Contact 206 -431 -3670. ➢ Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf Room ➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Joan Hernandez at 206 -248 -0260. >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 Meeting Cancelled. 101 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. February 3 10 18 (Tuesday) See agenda packet cover sheet for this week's agenda (February 18, 2014 Regular Meeting). 24 Public Hearing: 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. March 3 Unfinished Business: 10 17 Special Presentation: 24 -An ordinance authorizing a Development Agreement with Odin Brewery. -An ordinance updating historic landmarks within the City. -An agreement for the Construction Management Services relating to the East Marginal Way South Overlay Project. -An agreement for design relating to the South 144th Street Phase II Project. 2013 Police Annual Report. 102