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REG 2019-11-04 COMPLETE AGENDA PACKET
.z. 0 Tukwila City Council Agenda •• • REGULAR MEETING • • 0 .../ 4 %.0 2908 Allan Ekberg, Mayor Councllmembers: + Dennis Robertson + Verna Seal David Cline, City Administrator + De'Sean Quinn + Kate Kruller Kathy Hougardy, Council President •:. Thomas McLeod + Zak Idan Monday, November 4, 2019; 7:00 PM • Ord #2616 • Res #1971 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATION Soundside Alliance update. Aleksandr Yeremeyev, Economic Development Strategist, and Andrea Reay, President & CEO, Seattle Southside Chamber of Commerce. Pg.1 3. PROCLAMATION a. A proclamation recognizing November as "National Hunger and Homelessness Awareness Month." b. A proclamation celebrating the Seattle Sounders FC and wishing them success in the MLS Cup. Pg.11 Pg.13 4. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 5. CONSENT AGENDA a. Approval of Minutes: 10/21/19 (Regular Mtg.) b. Approval of Vouchers c. An ordinance amending Ordinance No. 2612, as codified in Chapter 9.53 of the Tukwila Municipal Code, to correct the monetary penalty amount for automated traffic safety camera infractions for speeding in school zones. [Reviewed and forwarded to Consent by the Pubic Safety Committee on 10/21/191 d. Authorize the Mayor to sign a contract with Carollo Engineers for the Water and Sewer Comprehensive Plans, in the amount of $460,392.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 10/22/19.] Pg.15 Pg.23 6. PUBLIC HEARING A quasi-judicial hearing to consider the final subdivision application for Osterly Park Townhomes Phase 2. Pg.97 7. UNFINISHED BUSINESS a. A motion to approve OR deny the application for the Osterly Park Townhomes Final Plat —Phase 2 under project number L18-0051, based on the findings and conclusions contained in the staff report dated October 28, 2019 as amended during the City Council deliberations. b. Authorize the Mayor to sign an Interlocal Agreement with King County to receive Conservation Futures Tax Grant funds for two projects in the amounts of $335,000.00 and $25,000.00. Pg.97 Pg.215 (continued...) REGULAR MEETING Monday, November 4, 2019 Page 2 7. UNFINISHED BUSINESS (cont.) c. Authorize the Mayor to sign Change Order No. 5 to contract #18-001 with Lydig Construction for demolition of 2 buildings at the new Public Works Shops facility —Phase 1 (Public Safety Plan), in the amount of $73,707.00. > Please refer to 10/28/19 C.O.W. packet. < d. Public Safety Plan: (1) Approve the Public Works Shops Phase 1 (Heiser) and fund an additional $4.4 million and up to $1.3 million for additional seismic retrofitting for the Public Works Shops Phase 1 (Heiser) for a total of $5.7 million; and (2) Approve the Minkler Shops Interim Improvements that would be funded by utility enterprise funds for $500,000. Please refer to 10/28/19 C.O.W. packet < Pg.243 Pg.245 Pg.247 Pg.249 8. NEW BUSINESS 9. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report and Monthly Public Safety Plan update d. City Attorney e. Council Analyst Pg.251 10. MISCELLANEOUS 11. EXECUTIVE SESSION 12. ADJOURNMENT Reasonable City Clerk's Office www.tukwilawa.uov, Tukwila City Hall is ADA accessible. accommodations are available at public hearings with advance notice to the (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.00v) HOW TO TESTIFY When recognized by the Presiding Officer 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 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS 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 as prescribed by law. Executive Sessions are not open to the public. 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. Members of the public 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 that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE 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. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers 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 there are forwarded to Regular or Special Council meetings for official action. Soundside Alliance Update Tukwila City Council November 4, 2019 UNDSIDE ALLIANCE For Economic Development CITY OF NORMANDY PARK WASHINGT©N Se©=Tac Airport SeOTa Five cities, one message. 3 The five cities in the Soundside Region offer profitable advantages and a stellar quality of life in one of the top 20 metropolitan areas in the United States What we are doing. Supporting the SBDC at Highline College. o\\x goo\�\, The Soundside Alliance's New Website SO E Ouicity coy Lot Go BUSlineSitUeS Talent Pool Lel explore inctust clusters fing matod Let job opportunities in your mistaincm. target VoUn beet employees. Community Puohle Lice the community profile infogragnio icol display key data about your mog,aphic variables s,d Ifs data retaied to groaning, or expanding in your location Demoofaphics Shoe whet your workforce can do tor businesses imith dotalled and interactive demographic information. Compare CO2,1 in your area Or even coungni Powered by G I S W e bTe c h Property Search Regional Collaboration UNDSIDE ALLIANCE For Economic Development GREATER SEA TLE \ Spotlight Events 9 Thank You Burien Port of Seattle otS Y1kwfk CITY OF NORMANDY PARK WASHINGTON GH L INE SOUTHSIDE COLLcGE CHAMBER OF COMMERCE Office of the Mayor City of Tukwila, Washington PROCLAMATION WHEREAS, for the past several years the National Coalition for the Homeless and National Student Campaign Against Hunger and Homelessness have sponsored National Hunger and Homelessness Awareness Week; and WHEREAS, the purpose of the proclamation is to educate the public about the many reasons. people are hungry and homeless including the shortage of affordable housing in Tukwila for very low-income residents; and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service organizations; and WHEREAS, there are many organizations committed to sheltering and providing supportive services as well as meals and food supplies to people experiencing homelessness including, but not limited to: Still Waters' - Tukwila Weekend SnackPack Program, Church by the Side of the Road, Riverton Park United Methodist Church, Tukwila School District, and WHEREAS, the City recognizes that hunger and homelessness continue to be a serious problem for many individuals and families in Tukwila; and WHEREAS, the intent of National Hunger and Homelessness Awareness Week is consistent with the activities of these local organizations. NOW THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, in conjunction with National Hunger and Homelessness Awareness Week do hereby proclaim the month of November as: Hunger and Homelessness Awareness Month in the City of Tukwila and encourage all community residents to join me in recognizing that many people do not have housing and need support from the community and private/public nonprofit service entities. Presented this fourth day of November, 2019. Allan Ekberg, Mayor 12 ���� °�f� ��/��� u/ the Mayor ~~.�/ of T,".,~',"~"' ,.`~".",.�g,"., PROCLAMATION WHEREAS, the City o[Tukxi\xisproud tohcthe honnuofSeattle Sounders FC`a training facility at Starfirc Sports; and WHEREAS, Seattle Sounders FC,which started MLSplay in2OO9,has set tile standard for soccer support in North Arnerica, claiming one of the most passionate and vibrant fan bases intile league and beyond; and WHEREAS, Seattle Sounders [Chas qualified for the MLSCLIP Playoffs ineach m[ its first eleven ncuaons, marking new league record for the longest ul|'hrnc pontseuson qualification streak; and WHEREAS, Seattle Sounders FChas deep ties koour Community and provides strong, positive role models for the young people in Tukwila; and WHEREAS, Seattle Sounders FChas qualified for the ML8Cup Final for the 20|9 season, easily defeating tuunnousthe Rave Green secured their spot inthe fioa|o; and WHEREAS, onNovember 10,2019 SeoV|c Sounders FC will play Toronto FCui Centuryl-Ink Field for the 2019 MLS Cup; and WHEREAS, tile C01111111,111ity ofTukwila strongly Supports our hometown team, Seattle Sounders FC, and wish them success in bringing horne the team's second MLS CLIP to Washington State; NOW IUERE[OR6,iAllan Ekberg, Mayor o[the City o[Tukwila, dohereby proclaim Sunday, November 10, 2019 as: ���~ �'� ���� �~~�� �� ��«����8��� ��������������� -�` �� �����V-�� Day inthe City o[Tukwila and strongly encourage all community nncnnherstoJoin nocin, cheering on Seattle Sounders [C in the M[S Cup. Furthermore, | urge community members to wear their Seattle Sounders FC attire and colors as we support OLII- hometown 1com. ChumpoxxTt-ain in D/kw//u/ Presented the t" an Ekberg, 13 14 COUNCIL AGENDA SYNOPSIS lizitiale Meeting Dale Prepared by Ailgy rl- rerior Colwell re r kg! 11/04/19 PH At c - - ITEM INFORMATION ITEM No. 5.C. STAFF SPoNsoR: BRUCE LINTON ORIGINAL AGENDA DAUB: 11/04/19 AGENDA ITEM TITLE Corrected School Speed Zone Ordinance CATEGORY D if G71.01.011 Mtg Dale r Motion A.NDale E Resolution Aleg Date E Ordinance Meg Dale E Bid Award Meg Dale ri Public Hearing Ally Dale Other Ally Dale SPONSOR E Counci 1 Mayor H R Fire IS EP&R Police PIV Court DCD 11Finance SPONSOR'S Ordinance previously approved by Council on the school speed zone camera had incorrect SUMMARY violation fine amount. This ordinance is a correction and reflects the fee of $210.00 for 0- 10 MPH over the posted limit and $240.00 for 11+MPH over the posted limit. REVIEWED BY 17 C.O.W. Mtg. LI CDN Comm 0 Finance Comm. [ZI Public Safety Comm. El Trans &Infrastructure f Arts Comm. 0 Parks Comm. El] Planning Comm. DATE: 10/21/19 COMMTITEE CHAIR: ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Police Department Unanimous approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITUREREQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/4/19 MTG. DATE ATTACHMENTS 11/4/19 Informational Memorandum dated 9/24/19 Ordinance Minutes from the 10/21 Public Safety Committee meeting 15 16 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Bruce Linton, Chief of Police BY: Bill Devlin, Sergeant Traffic Division CC: Mayor Ekberg DATE: 09/24/2019 SUBJECT: Corrected School Speed Zone Camera Ordinance ISSUE This memorandum addresses the incorrect violation fine referenced in the School Speed Zone Camera Ordinance and request a correction to the School Speed Zone Camera Ordinance. BACKGROUND During the Public Safety Committee and the subsequent council meetings, two separate ordinances were submitted for recommendation as part of the Automated Safety Camera Proposal. One ordinance was prepared for the Red -Light Camera proposal and a second ordinance was submitted for the School Speed Zone Camera proposal. The Red -Light Camera proposal was not moved forward for consideration and the School Speed Zone Ordinance was approved. The proposed fine for the School Speed Zone Camera Violation was incorrectly posted in the ordinance as $136.00. The $136.00 fine was the fee related to the Red -Light Camera proposal, hence the confusion and mistake. DISCUSSION DISCUSSION: The fee proposed for the School Zone Speed Camera violation is set by RCW 46.63.170 and RCW 46.63.110. The proposal and subsequent discussion set the fee at $210.00 for 0-10 MPH over the posted limit and $240.00 for 11+MPH over the posted limit. The proposed fines for the School Speed Zone Cameras were referenced in the info memo dated 7/10/2019. The City Attorney's Office acknowledged the mistake and prepared the attached corrected ordinance for submission. RECOMMENDATION Approve the corrected School Speed Zone Ordinance (attached) and forward for consent agenda approval. ATTACHMENTS Corrected School Speed Zone Camera Ordinance 17 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2612, AS CODIFIED IN CHAPTER 9.53 OF THE TUKWILA MUNICIPAL CODE, TO CORRECT THE MONETARY PENALTY AMOUNT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, City Council passed Ordinance No. 2612 to authorize use of automated traffic safety cameras to detect speeding in school zones; and WHEREAS, prior to passing Ordinance No. 2612, City staff recommended the City Council establish monetary penalties for said infractions as follows: (1) $210.00 for travelling at a speed greater than, but less than 11 miles per hour more than, the posted speed limit; and (2) $240.00 for travelling at a speed at least 11 miles per hour more than the posted speed limit; and WHEREAS, instead, Ordinance No. 2612 established the monetary penalty for said infractions at $136.00; and WHEREAS, the City Council desires to amend Ordinance No. 2612 to correct said monetary penalty to the amount recommended by City staff and originally intended by City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 9.53.050 Amended. Ordinance No. 2612 §6, as codified at Tukwila Municipal Code Section 9.53.050, "Fine," is hereby amended to read as follows: 9.53.050 Fine A. The fine for an infraction detected under authority of this chapter shall be a base monetary penalty of $136.00; and provided further, that whenever, in the future, the state of Washington increases the fine imposed under this chapter, by legislation or W:\Legislative Development\Automated traffic safety cameras -school zones —amend penalties 9-3-19 AT:bjs Review and analysis by Barbara Saxton Page 1 of 2 19 court rule, the City's fine shall be increased to a like amount upon the effective date of such legislation or court rule as follows: 1. $210.00 for travelling at a speed greater than, but less than 11 miles per hour more than, the posted speed limit; and 2. $240.00 for travelling at a speed at least 11 miles per hour more than the posted speed limit. B. The maximum penalty for infractions detected pursuant to the provisions of this chapter shall not exceed the maximum amount of fine issued for parking infractions within the City. Section 2. 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 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W:\Legislative Development\Automated traffic safety cameras -school zones —amend penalties 9-3-19 AT:bjs Review and analysis by Barbara Saxton Page 2 of 2 20 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes October 21, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Dennis Robertson, Chair; Kate Kruller, Zak Idan Staff: David Cline, Bruce Linton, Trina Cook, Jay Wittwer, Laurel Humphrey Guest: Andrea Reay, Seattle Southside Chamber of Commerce; Heather Trim, Zero Waste Washington CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Ordinance: Correcting Fine for Speeding in School Zones Staff is seeking Council approval of an ordinance that would correct the fine in the School Speed Zone Camera Ordinance previously adopted by the Council. The fee is set by the RCW and should be $210.00 for 0-10 MPH over the posted limit and $240.00 for 11+ MPH over the posted limit. The previous ordinance inadvertently included the fees for the red tight intersection cameras, the use of which have not been approved by the Council. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 4, 2019 REGULAR CONSENT AGENDA. B. Ordinance: Regulating Retail Carryout Bags The Council requested preparation of an ordinance that would limit the consumption of single - use plastic and paper bags by regulating carryout bags at retail stores, as over 33 other Washington jurisdictions have done to date. It is likely that a statewide bag ban will pass, and this draft ordinance is closely aligned with the bill that was introduced in the last session, but ultimately failed. Under the proposal all retail stores would be prohibited from providing customers with single -use plastic carryout bags and must collect an 8-cent pass -through fee for providing paper bags of 1/8 barrel or larger or for plastic film bags 2.25 mils thick. People on food assistance programs would not have to pay the fee and certain plastic bags, such as those used for bulk items or deli meat, would be exempted. The Committee discussed the proposal and asked clarifying questions, Committee members each expressed support for the ordinance and recommend an effective date of nine months after passage to allow the community time to prepare and adjust. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 11, 2019 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING. 21 22 COUNCIL AGENDA SYNOPSIS Meeting Dale Prepared by Mayor's revielp Council review 11/04/19 GL "MC 141k, ITEM INFORMATION ITEM No. 5.D. STAFF SPONSOR: PAT BRODIN ORIGINAL AGENDA D,VIE: 11/04/19 AGENDA imm TITLE Water & Sewer Funds - Comprehensive Plan 2020 Update Consultant contract with Carollo Engineers C.vil:.(;( )Ry . Dill-CUSS/On Z Motion Ails Dale 11/04/19 El Resolution Ails Dale 0 Ordinance A Its Dale Bid .42vard 711,g Date El Public Hearing Aug Date Other Altg Date Alig Dale Si't )Nti( )1t Council Mayor I- I R DCD 1 ' /lance Pe9R ECourt Fire NTS Police r. l'IF SIk)NSOR'S Council is being asked to approve the consultant contract with Carollo Engineers for the SUMMARY 2020 update to the Water and Sewer Comprehensive Plans. Every six years the water and sewer comprehensive plans need to be updated for the Washington State Deparment of Health and the Department of Ecology. Carollo Engineers was selected from three consulting firms. Council is being asked to approve the Carollo Engineers consultant contract for $460,392.00. RI WIEWFD BY C.O.W. Mtg. CDN Comm U Finance Comm. Z Trans &Infrastructure Arts Comm. 11] Parks Comm. DATE: 10/22/19 COMMITTEE CHAIR: ZAK . Public Safety Comm. Planning Comm. IDAN RECOMMENDATIONS: SPoNsoR/ADMIN. CommITIEE Public Works Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE ExiTNIATuRi RF:QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $460,392.00 $560,000.00 $0.00 Fund Source: 401 WATER FUND & 402 SEWER FUND Comments: Pages 64 & 80, 2019 CIP MTG. DATE RECORD OF COUNCIL ACTION 11/04/19 MTG. DATE ATTACHMENTS 11/04/19 Informational Memorandum dated 10/18/19 Pages 64 & 80, 2019 CIP Consultant Selection Scoring Sheet Carollo Engineers' Consultant Agreement with scope of work and fees Minutes from the Transportation & Infrastructure Committee meeting of 10/22/19 2 3 24 • City of Tu wila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director A/A/- BY: Pat Brodin, Development Manager CC: Mayor Allan Ekberg DATE: October 18, 2019 SUBJECT: Water and Sewer Comprehensive Plans Project Nos. 91940101, 91940201 Consultant Contract with Carollo Engineers for 2020 Update Allan Ekberg, Mayor ISSUE Approve a consultant contract with Carollo Engineers to update the Comprehensive Plans for the Water and Sewer Utilities. BACKGROUND Washington State Department of Health requires an update to the City's Water Supply Plan every six years to ensure that the water utility is active, and the operating permit remains in the green status, or compliant. Likewise, the Department of Ecology approves the Comprehensive Sewer Plan every six years. In the last update in 2015, the City contracted with Carollo Engineers for the Water and Sewer Comprehensive Plans. The new updates to the Water and Sewer Comprehensive Plans must be completed and approved by the end of 2020. DISCUSSION The current MRSC Consultant Roster was reviewed and three firms were short-listed to complete the updates to the Water and Sewer Comprehensive Plans. The firms were Carollo Engineers, HDR Engineers, and Pace Engineers. The Summary of Qualifications tables were evaluated from each firm and Carollo was the unanimous choice based on their regional experience and sound knowledge regarding Tukwila's water and sewer infrastructure. Key water topics included in the update will be demographic and demand projections, incorporating remaining useful life, updating and calibrating the water model, provide updated fire flow results, and water quality regulatory requirements. Water storage is an issue that will need to be addressed. Key sewer topics include sewer flow projections, flow monitoring at critical sewer locations, create a sewer model of the commercial business district to aid with capital projects and evaluate the commercial district conveyance system, sewer lift station improvements, update the repair and replacement program, summarize reclaimed water use, and update any regulatory requirements. FINANCIAL IMPACT The consultant contract with Carollo Engineers will split between the Water and Sewer Utilities: The Sewer Contract in this update will be higher than expected because of the Department of Ecology reset and new model. Utility Carollo Contract Budget Water Comp Plan $182,441.00 $ 280,000.00 Sewer Comp Plan 277,951.00 280,000.00 Total $ 460.392.00 $ 560 000.00 RECOMMENDATION Council is being asked to approve the consultant contract with Carollo Engineers for the update to the Comprehensive Water and Sewer Plans for $460,392.00 and consider this item on the Consent Agenda at the November 4, 2019 Regular Meeting. Attachments: Pages 64 & 80, 2019 CIP Scoring Sheet Consultant Agreement w/Scopes W:IPW Eng1PROJECTSW- WT Projects\Water Comprehensive Plan - Water (91040101)1Info Memo Water Sewer Comp Plan 2019 102519.docx 25 26 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 PROJECT: Water Comprehensive Plan Project No. 91040101 DESCRIPTION: Prepare the new Water Comprehensive Plan incorporating any regulatory or new Growth Management Act Comprehensive Plan issues related to running the water utility. JUSTIFICATION: Plan needs to be consistent with City's Comprehensive Plan and the Department of Health requires the plan to be updated every 6 years. STATUS: Current Water update was adopted in 2015. The next update is scheduled for 2021. MAINT. IMPACT: COMMENT: FINANCIAL Through Estimated in $000's 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES Design 234 140 140 514 Land (RAN) 0 Const. Mgmt. 0 Construction 0 TOTAL EXPENSES 234 0 140 140 0 0 0 0 0 514 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 234 0 140 140 0 0 0 0 0 514 TOTAL SOURCES 234 0 140 140 0 0 0 0 0 514 Project Location: Entire System 2019 - 2024 Capital Improvement Program 64 27 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 PROJECT: Sewer Comprehensive Plan Project No. 91040202 DESCRIPTION: Prepare new Sewer Comprehensive Plan incorporating any new or regulatory Growth Management Act Comprehensive Plan issues related to sewer. JUSTIFICATION: Sewer Comprehensive Plan needs to be consistent with City Comprehensive Plan, Department of Ecology and Department of Health. Update is required every 6 years. STATUS: 2013 Sewer update was adopted by Council on 6/2/14. Next update is scheduled for 2021. MAINT. IMPACT: COMMENT: FINANCIAL Through Estimated in $000's 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES Design 158 140 140 438 Land (RAN) 0 Const. Mgmt. 0 Construction 0 TOTAL EXPENSES 158 0 140 140 0 0 0 0 0 438 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 158 0 140 140 0 0 0 0 0 438 TOTAL SOURCES 158 0 140 140 0 0 0 0 0 438 Project Location: Entire System 2019 - 2024 Capital Improvement Program 28 80 WATER/SEWER Comprehensive Plans: 2020 Updates Submitter Consultant Selection 0 0 alr is4, 4CO CJ -; Q. 0a 0 J �. ,.� a �� V W .441 C O U .cQ �� O/IiI/lii a a) 0 c C0UUOO !U 10 30 20 20 20 100 200 CAROLLO 31.5 107 77 77 79 362 734 Average Score 7.9 8 8.5 7 8 26.8 27 26 25 29 19.3 20 19 18 20 19.3 20 19 19 19 19.8 20 19 20 20 90.5 89 91 87 95 183.4 184 183 176 191 1 3 3 2 1 PACE 28 79 58 64 52 289 570 Average Score 7.0 6 7 8 7 19.8 20 19 21 19 14.5 15 17 12 14 16.0 16 17 15 16 13.0 14 15 12 11 72.3 65 81 75 68 142.5 136 156 143 135 2 1 1 1 2 HDR 26 75 46 47 47 262 503 Average Score 6.5 6 7 6 7 18.8 19 18 18 20 11.5 12 10 10 14 11.8 12 13 10 12 11.8 14 12 10 11 65.5 58 70 64 70 125.8 121 130 118 134 3 2 3 3 3 30 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Carollo Engineers, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Enqineerinq Plan services in connection with the project titled Water and Sewer Comprehensive Plan Update. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2020, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2020 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $560,000.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 31 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised December 2016 32 Page 2 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. CA revised December 2016 Page 3 33 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Carollo Engineers 1218 3rd Ave., Suite 1600 Seattle, WA 98101 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised December 2016 34 Page 4 DATED this day of , 2019. CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor Attest/Authenticated: By: Printed Name: Title: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised December 2016 Page 5 35 36 EXHIBIT A CITY OF TUKWILA DRAFT SCOPE OF SERVICES COMPREHENSIVE WATER SYSTEM PLAN The following Scope of Services has been developed to assist the City of Tukwila (City) with the 2020 update of its Water System Plan (Plan). The objective of this project is to update and review all elements of the Plan documents, in accordance with WAC 246-290-100 and State of Washington Department of Health (DOH) regulations. The following tasks under this Scope of Services has been prepared based on Carollo's (Consultant) and its subconsultant's current understanding of the proposed project, and on discussions with City staff. PROJECT BACKGROUND The City initiated this Plan update recognizing the importance of planning, developing, and financing water system facilities as a means to provide reliable and efficient service for existing customers and to serve anticipated growth. The Plan is designed to meet state, county, and local requirements. The City's last Water System Plan was completed in 2015. This Plan will be consistent with the City's current update of the City's Comprehensive Plan, creating a cohesive and complementary set of documents. PROJECT ASSUMPTIONS 1. Carollo Engineers, Inc. and its subconsultants will be referred to as "Consultant" in this document. 2. The City of Tukwila and its staff will be referred to as "City" in this document. 3. All meetings will be held at City offices. 4. Draft Chapters will be provided in electronic copy (PDF and/or Microsoft Word) transmitted via email or secure file transfer. 5. City comments on draft chapters will be documented in the Project Comment Response Log by the Consultant. The Consultant will prepare responses to address the comments in the Comment Response Log for the City's review and acceptance. Resulting changes will be incorporated in the Draft Agency Review Plan, rather than reissuing a draft chapter at the time. However, revised draft chapters can be produced upon City required. 6. Electronic Demand Tool will be provided in .xlsx format. 7. The Consultant will prepare an agenda, presentation materials, and document discussions, including action items and decisions, in meeting minutes for Consultant -led meetings. 8. Meeting notes and related materials will be transmitted electronically in MS Word and PDF formats via email. 9. The City will print and produce additional copies of all documents as necessary for its use. 10. The City will provide available information related to the project and as requested by the Consultant in a timely manner. The City shall furnish Consultant available studies, reports, and other data pertinent to Consultant's services; obtain, or authorize Consultant to obtain, or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant's services hereunder, and Consultant shall be entitles to use and rely upon all such information and services provided by the City or others in performing Consultant's services under this Agreement. DRAFT -10/14/2019 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_Water_Scope Page 1 of 16 37 Executive Summary Chapter 1: Introduction Consultant Chapter 2: Existing System Consultant Chapter 3: Policies & Criteria Consultant Chapter 4: Water Requirements Consultant Chapter 5: System Analysis Consultant Chapter 6: Water Use Efficiency Consultant Chapter 7: Water Quality Consultant Chapter 8: Operations and Maintenance Consultant Chapter 9: Capital Improvement Plan Consultant Chapter 10: Financial Plan City Appendix A: Notice of Determination of Non -Significance (DNS) City Appendix B: State Environmental Policy Act (SEPA) Checklist City Appendix C: Local Government Consistency Determination Form City Appendix D: Agency Comment Letters and Responses City Appendix E: Ordinances and Approvals City Appendix F: Water System Plan Submittal Form Consultant Appendix G: DOH Water System Plan Checklist Consultant Appendix H: Interlocal Agreements City Appendix I: Water Facilities Inventory Form City Appendix J: Water Rights Self -Assessment Forms Consultant Appendix K: Demographic and Demand Forecast Tables Consultant Appendix L: TM 1: Hydraulic Model Update and Calibration Consultant Appendix M: Water Quality Sampling Procedures and Program Appendix N: Revised Coliform Monitoring Plan City City Appendix 0: Emergency Response Plan City Appendix P: Water Shortage Response Plan and Service Reliability City Appendix Q: Cross -Connection Control Program City Appendix R: Standard Construction Specifications for Distribution Mains City Appendix S: CIP Cost Estimates Consultant 38 DRAFT - 10/14/2019 pw://Carollo/Documents/Client/WA/Tukwila/ Proposals/Tukwila_Water Scope Page 2 of 16 TASKS To meet the objectives of this Scope of Services, the Consultant shall complete the tasks as summarized in the table below and discussed in detail in the text that follows. Task 100 Project Management Task 200 Introduction Task 300 Existing System Task 400 Demographic Analysis and Demand Projections Task 500 System Analysis Task 600 Water Use Efficiency Task 700 Water Quality Task 800 Operations and Maintenance Task 900 Capital Improvement Plan Task 1000 Financial Analysis Task 1100 Plan Integration TASK 100 — PROJECT MANAGEMENT The purpose of this task is to direct all activities within the Plan as assigned by the City and maintain the project within the contracted scope, schedule, and budget. This includes project administration, monthly invoicing, client and team coordination and quality assurance/quality control review necessary to successfully complete the assigned chapter of the Plan to the City's expectations. Additionally, the Consultant will develop a Project Management Plan (PMP) and lead the initial team kick-off meeting. This task includes the following activities: TASK 100 ACTIVITIES 101. Monthly Progress Reports and Invoices. This subtask includes production and implementation of the project plan, schedule, and budget. Assist the project team members in the implementation of the task items, reviewing the work -in -progress reports. Prepare and submit monthly activity reports showing current project status and identifying key issues or elements of the project that will need to be addressed in the proceeding weeks. An electronic version of the monthly progress reports will be sent to the City for review and approval. This task assumes that no hard copy of the monthly progress reports will be distributed. 102. Project Management Plan. Prepare a Project Management Plan (PMP) that describes deliverables, Plan outline, anticipated meetings, project roles and responsibilities, lists contact information for the project team, describes communications protocols, quality management, and includes the scope of services, schedule, and budget. Quality Management includes, but is not limited to, the following elements: • Project Manager overview of all primary documents to verify technical consistency and compliance with contract requirements. • Organization of the work into logical deliverables with qualified staff for each task assigned to the work. • Resolution of all review comments with a memorandum summarizing key comments and the manner in which each was addressed in the work. An electronic version of the Project Management Plan will be sent to the City for review and approval. This task assumes that no hard copy of the Project Management Plan will be distributed. DRAFT - 10/14/2019 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_Water_Scope Page 3 of 16 39 103. Meeting No. 1— Kick-off Meeting. Facilitate a kick-off meeting to review project management and initial data requests. 104. Client Coordination. • Manage the consultant project team to track time and budget, work elements accomplished, work items planned for the next period, manpower, scope changes, time and budget needed to complete the project. • Create and maintain a working project schedule based on the schedule in the PMP. • Review project status, including scope, budget, and schedule. Task 100 Assumptions • The PMP will be updated with full incorporation of review comments after the City review of the draft PMP. • The total length of the project is 18 months. • City provides required documents for appendices. Task 100 City Deliverables 1. Team member contact information. 2. PMP review for completeness. 3. Receive, review, and process Consultant invoices in a timely manner. 4. Respond to data requests in a timely manner. Task 100 Consultant Deliverables 1. Draft request list. 2. Draft Plan outline. 3. Draft PMP. 4. Final PMP. 5. Eighteen monthly progress reports and invoices. Task 100 Meetings • Meeting No. 1— Kick off Meeting. TASK 200 — INTRODUCTION The objective of this task is to create the City's introduction to the Plan. This task will develop Chapter 1— Introduction of the Plan and will develop Chapter 3— Policies and Criteria. The chapters will be developed based on the information contained in 2015 Plan Chapter 1. A new Chapter 3 — Policies and Criteria is created to facilitate review and implementation of newly proposed policies and criteria. The task includes the following activities: TASK 200 ACTIVITIES 201. Meeting No. 2— 2015 Chapter 1 Review. Facilitate a meeting to review and identify updates needed to 2015 Plan Chapter 1— Introduction. This may include: related comprehensive water plans from the neighboring jurisdictions and other related plans; recent history of the City's water system; and policies and criteria. A data request will be prepared based on the meeting. 202. Data Acquisition. Prepare a data request for the required information. The request may include, but is not limited to, the following: • Related comprehensive water plans from the neighboring jurisdictions and other related plans. • Agreements with neighboring jurisdictions. • Neighboring/adjacent jurisdictions map, in Geographic Information System (GIS) format with current boundaries. 40 DRAFT - 10/14/2019 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila Water Scope Page 4 of 16 Highline water district intertie Water district 75 intertie Water district #75 intertie • GIS data for the sewer system including City Limits, current water service area, urban growth area (UGA), and interties. • Policies and criteria related to service area and conditions of service, in MS Word. It is assumed the City will provide language for all requested changes to policies and criteria. • Emergency Management goals, including redundancy and reliability standards related to system components, in MS Word. • Duty to Serve. • City and County land use plans and zoning. • Satellite management program. • Annexation policy. • SEPA and Notice of Determination of Non -Significance (DNS). • Local Government Consistence Determination Form. 203. Revise Chapterl. Prepare a revised Chapter 1— Introduction based on current information. It is anticipated that any revisions will be minor. An electronic version of the draft Chapter will be sent to the City for review. City comments will be recorded in the Record of Comment and will be incorporated into the Chapter as part of the City Review Draft Plan. 204. Create New Chapter 3. Prepare a revised Chapter 3 — Policies and Criteria based on City input on Policies and Criteria. As part of the preparation, the Consultant will review policies and criteria and confirm they fulfill DOH Water System Plan requirements. It is anticipated that any revisions will be minor. An electronic version of the draft Chapter will be sent to the City for review. City comments will be recorded in the Record of Comment and will be incorporated into the Chapter as part of the City Review Draft Plan. Task 200 Assumptions • City can provide elements listed under Task 202. • It is anticipated that the City will lead the environmental and agency Plan review and approval process. The City will provide all associated documentation to the Consultant. • This task will involve updating the chapter from the 2015 Plan. • No hard copy of the chapter will be distributed. Task 200 City Deliverables 1. Requested Data from Task 202. 2. Agency Comment Letters and Responses. 3. Adopting ordinances and approvals. 4. Water System Plan Submittal Form. 5. Comments on draft Chapter 1— Introduction. 6. Comments on draft Chapter 3 — Policies and Criteria. Task 200 Consultant Deliverables: 1. Meeting No. 2-2015 Chapter 1 Review Meeting Agenda, Materials, and Minutes. 2. Draft Chapter 1— Introduction. 3. ROC for Chapter 1— Introduction. 4. Draft Chapter 3 — Policies and Criteria. 5. ROC for Chapter 3 — Introduction. 6. DOH Water System Plan Checklist. Task 200 Meetings • Meeting No. 2 —2015 Chapter 1 Review. TASK 300 — EXISTING SYSTEM DRAFT - 10/14/2019 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila Water_Scope Page 5 of 16 41 The objective of this task is to document the City's existing water system (e.g., supply, storage, booster pump stations, interties, and distribution). The task will develop 2020 Chapter 2 —Existing Water System, which will be based on revisions to the 2015 Chapter 4— Existing System. The change in chapter numbering is intended to better align with DOH's Water System Outline and assist in regulatory review. This task includes the following activities: TASK 300 ACTIVITIES 301. Meeting No. 3 - Existing System Review. Facilitate a meeting to review and identify updates needed to 2015 Chapter 4— Existing System. A data request will be prepared based on the meeting. 302. Data Acquisition. Prepare a data request for the required information. The request may include, but is not limited to, the following: • GIS data for existing facilities, service areas, and inventory. • Data on pipeline materials and age by linear foot, as available. • Existing renew and replacement program. • Summary of improvements completed since the 2015 Plan. • Data on existing infrastructure (e.g. supply, storage, booster pump stations, interties, and distribution). • Water Facilities Inventory Form. • Interlocal Agreements. 303. Revise 2020 Chapter 2 — Existing System. Prepare a revised Chapter 2 — Existing System with updated information. It is anticipated that any revisions will be minor. An electronic version of the draft Chapter will be sent to the City for review. City comments will be recorded in the Record of Comment and will be incorporated into the Chapter as part of the City Review Draft Plan. Task 300 Assumptions • City can provide elements listed under Task 302. • This task will involve updating the chapter from the 2015 Plan. • No hard copy of the chapter will be distributed. Task 300 City Deliverables 1. Requested Data from Task 302. 2. Interlocal Agreements. 3. Water Facilities Inventory Form. 4. Comments on Draft Chapter 2 — Existing System. Task 300 Consultant Deliverables 1. Draft Chapter 2 — Existing System. 2. ROC for Chapter 2 — Existing System. 3. Meeting No. 3 — Existing System Review Meeting Agenda, Materials, and Minutes. Task 300 Meetings • Meeting No. 3 — Existing System Chapter Review. TASK 400— DEMOGRAPHIC ANALYSIS AND DEMAND PROJECTIONS The purpose of this task is to perform a demographic analysis and demand projections for the City's Service Area; 10-year and 20-year planning horizons will be evaluated using the best available information. This task will develop the 2020 Chapter 4— Demographic Analysis and Demand Projections, which will include completely revised projections consistent with the Puget Sound Regional Council (PSRC) 2040 Vision and the most recent 42 DRAFT - 10/14/2019 pw://Carollo/Documents/Client/WA/Tukwilal_Proposals/Tukwila_Water_Scope Page 6 of 16 water use information. Note, it has been moved from the 2015 Chapter 2 to 2020 Chapter 4 to better align with DOH's Water System Plan outline and facilitate regulatory review. This task includes the following activities: TASK 400 ACTIVITIES 401. Data Request. Develop and submit a request for data required for Chapter 4. The following data are anticipated to be required: a. Demographic growth rates consistent with Regional Planning under PSRC 2040 Vision. Population, household, and employment projections (if available) by Transportation Analysis Zones (TAZ) are preferred. b. Historical connection and water use information by customer class from 2010 through the present. Monthly or Bimonthly water use is preferred. c. Historical supply purchases from 2010 through the present, including maximum day supply (if available). Monthly or Bimonthly purchases is preferred. d. Historical supply purchases for the maximum week in 2015, 2018, or 2019 to generate a diurnal water use curve for the system. e. Historical water use from up to ten (10) large customers. If large users have more than one meter, then water use by meter is preferred. f. Accounted -for Non -Revenue water from 2010 through the present. g. GIS data: land use and zoning data, vacant and re -developable land, TAZ boundaries. 402. Demographics Analysis. Analyze demographic growth in customers. Use data from PSRC and the City to calculate rates of growth for each TAZ and each pressure zone. High, low, and average number of accounts will be prepared for the 10-year and 20-year planning horizons by pressure zone, if sufficient data is available. 403. Demand Projections. Demand projections will be for the 10-year and 20-year. a. Develop the historical average day demands (ADD) and maximum day demands (MDD), the accounted - for revenue water uses, estimated water loss and leakage planning values, and establish equivalent residential unit (ERU) values for the different customer classes. b. Project the future ADD and MDD water demand for each pressure zone based on the demographic analysis and historical ERU demand. Estimates of low, moderate, and high scenario future water demand will be determined. The scenarios will be based on the variations in key demand parameters, such as ERU value or the MDD/ADD peaking factor. Up to ten (10) of the City's largest connections may be projected separately and added to other projected system demands. Peak hour demand (PHD) will be calculated using a diurnal water use curve from a maximum water use week in recent years. 404. Meeting No. 4— Demographic Analysis and Demand Projections. Present the methods and results of the demographic analysis and demand projections for the City's review and approval. The WUE program will also be discussed. Prepare an agenda, presentation materials, and document discussions, including action items and decisions, in meeting minutes. 405. Demand model. Provide excel database with projected ERUs and resulting demand for City's use in future updates. 406. Create Draft Chapter 4 — Demographic Analysis and Demand Projections. Prepare draft Chapter 4 for City's review and approval. City comments and Consultant responses will be tracked in the Comment Response Log. Comments on this chapter will be incorporated into the final Plan. Task 400 Assumptions DRAFT - 10/14/2019 vocarollomocuments/ Bnt/wAn-ukwilaLproposalsrTukwila_water_scope Page 7 of 16 43 • The Service Area and pressure zones will be delineated prior to development of the water requirements. • This task will require a complete update of the Chapter with all new information. Task 400 City Deliverables 1. Requested Data. 2. Comments on Chapter 4— Demographic Analysis and Demand Projections. Task 400 Consultant Deliverables 1. Meeting No. 4— Demographic Analysis and Demand Projections Meeting Agenda, Materials, and Minutes. 2. Draft Chapter 4— Demographic Analysis and Demand Projections. 3. ROC for Chapter 4— Demographic Analysis and Demand Projections. 4. Demographic and Demand Forecast Tables. Task 400 Meetings • Meeting No. 4 — Demographic Analysis and Demand Projections. TASK 500 - SYSTEM ANALYSIS The purpose of this task is to evaluate the future water system to identify potential deficiencies and proposed improvements, including supply, storage, booster pump stations, and distribution. The hydraulic model piping will be updated and calibrated based on results of hydrant tests performed by the City. Improvements identified in other tasks will be incorporated into the model, as appropriate, to determine the effect of comprehensive improvements. This task will develop 2020 Chapter 5— System Analysis. It includes information contained in 2015 Chapters 3 — Supply Analysis, 2015 Chapter 5 — Hydraulic Model Update, and Chapter 6 — Distribution System Analysis. This task includes the following activities: TASK 500 ACTIVITIES 501. Data Request. Develop and submit a request for data required by Chapter 5. The following data are anticipated to be required: a. Cascade Water future supply planning. b. King County Reclaimed Water planning. c. Existing well pump tests, capacity evaluations and/or aquifer characterizations. d. Potential location for future storage facilities. 502. Update Hydraulic Profile. Prepare an updated hydraulic profile figure. 503. Water Right Self -Assessment. Complete DOH Water Right Self -Assessment (Tables 1 through 3). 504. Desktop Analysis— Water Supply Analysis. Summarize the City and Cascade Water's long-term supply planning. Summarize City's existing water right (Foster Links Golf Course). Additionally, summarize potential use of reclaimed water. 505. Desktop Analysis — Storage Analysis. Identify the storage volume required for each pressure zone based on the established storage criteria for equalizing, fire flow, operational, and standby volumes. The storage analysis will be performed for the 10-year and 20-year projected demands. 506. Desktop Analysis— Pump Station Analysis. Identify the pumping capacity requirements per the evaluation criteria. Compare requirements to current pump station capacity to identify any deficiencies for the 10-year and 20-year projected demand scenarios. Required upgrades, modifications, or operational changes will be recommended, as necessary. DRAFT - 10/14/2019 pw://Carollo/Docurnents/Client/WA/Tukwila/_Proposals/Tukwila_Watei _Scope 44 Page 8 of 16 507. Desktop Analysis — Limiting Factor Analysis. Conduct the limiting factor analysis using DOH WSDM 6-1. Calculate the water system service connections correlated to ERUs and the physical system capacity as ERUs. The Limiting Factor Analysis will use information summarized in previous chapters, where applicable. The Limiting Factor Analysis will be conducted for the sought approval period. 508. Meeting No. 5 — Desktop Analysis Workshop. Facilitate a meeting to present the water right, supply, storage, and pump station analysis results for the City's review and approval. As part of this meeting, the City will select preferred options for future storage options. 509. Update Hydraulic Model/Calibration. Review and update system piping, as required. Calibrate the steady state InfoWater hydraulic model to check model results against field conditions through up to three hydrant flow test comparisons. Hydrant flow tests will be conducted by the City. Allocate 10-year, 20-year demands, and updated diurnal curve to the model. It is assumed the City will confirm all fire flow requirements (FFR) in the model and provide revisions, as needed. 510. Future Storage Siting. Based on the required storage, up to four locations for a future reservoirs will be evaluated based on the locations defined in 2014 Water Reservoir Siting Study that may include, but are not limited to: a. Cerini Hill. b. Existing Tank Location c. Lease from Adjacent Utility. d. Private Parcel on North Hill. Develop required pipe sizing for each location using the hydraulic model determine if pipe upsizing improvements to the existing system would be required for each location. It is assumed the locations will use the same pipe routing proposed in the 2014 study; no new reservoir locations will be considered. It is assumed the City will conduct all discussions with adjacent utilities. The options will exclude service to the 340, 380, and 465 Pressure Zones. Develop preliminary costs consistent with Task 900 for the options to aid with City decision making. Future Storage Siting will be presented as part of Meeting No. 5— Desktop Analysis Workshop 511. Fire and System Pressure Analysis. Using the updated hydraulic model, perform analysis of the system evaluating fire flow and system pressures per DOH regulations and guidelines based on the City's water system criteria. The steady state analysis will focus on distribution capacity deficiencies for pressure, velocity, and available fire flow. Prepare figures showing deficiencies. 512. Identification of Water Improvement Projects. Identify improvements to address deficiencies under the MDD plus fire flow simulations and the peak hour simulations for the 10-year and 20-year scenarios. Previously identified supply, storage, and booster pump station improvements will be incorporated to assist in meeting deficiencies. The water system projects will be incorporated into the existing CIP from the 2015 Plan and any changes to projects will be summarized, if required. 513. Meeting No. 6— System Improvements Workshop. Present identified deficiencies and improvements for City review and comment. 514. Create Draft Chapterfor Chapter 5— System Analysis. Prepare draft Chapter 5 for City's review and approval. City comments and Consultant responses will be tracked in the Comment Response Log. Comments on this chapter will be incorporated into the final Plan. Task S00 Assumptions • The City will provide assumptions on future sources and quantities of supply. • The City will provide assumptions on future storage locations and conduct all discussions with SPU or adjacent utilities. • The City will conduct hydrant flow testing to support model calibrations. DRAFT - 10/14/2019 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_Water_Scope Page 9 of 16 45 46 • This task will require a complete update of the Chapter with all new information. Task 500 City Deliverables 1. Requested Data. 2. Comments on draft Chapter 5 — System Analysis Task 500 Consultant Deliverables 1. Meeting No. 5 — Desktop Analysis Workshop Agenda, Materials, and Minutes. 2. Meeting No. 6 — System Improvements Workshop Agenda, Materials, and Minutes. 3. Draft Chapter 5 — System Analysis. 4. ROC for Chapter 5— System Analysis. 5. Hydraulic Model Update and Calibration Technical Memorandum. Task 500 Meetings • Meeting No. 5— Desktop Analysis Workshop. • Meeting No. 6—System Improvements Workshop. TASK 600 — WATER USE EFFICIENCY The purpose of this task is to summarize the City's Water Use Efficiency Program as a member of Cascade Water Alliance and will develop 2020 Chapter 6 —Water Use Efficiency. An independent WUE Chapter is being created to assist the City in meeting future regulatory requirements. The task will include the following activities: TASK 600 ACTIVITIES 602. Data Acquisition. Prepare a data request for the required information. WUE will be discussed as part of Meeting No. 4— Demographic Analysis and Demand Projections. The request may include, but is not limited to, the following: • Cascade Water Use Efficiency Program. • WUE goals and public adoption documentation. • WUE measures that have been implemented. • Yearly consumer education. • Reported Water Loss. 603. Revise Chapter 6. Prepare a revised Chapter 6 —Water Use Efficiency based on updated information. It is anticipated that program revisions will be minor and the water demand with conservation will be reflected in the "low" demand scenario developed. An electronic version of the draft Chapter will be sent to the City for review. City comments will be recorded in the Record of Comment and will be incorporated into the Chapter as part of the City Review Draft Plan. Task 600 Assumptions • City can provide elements listed under Task 602. • This task will involve updating the content from the 2015 Plan. • No hard copy of the chapter will be distributed. Task 600 City Deliverables 1. Requested Data from Task 602. 2. Water Loss Control Action Plan. 3. Comments on Draft Chapter 6 —Water Use Efficiency. Task 600 Consultant Deliverables 1. Draft Chapter 6 —Water Use Efficiency. DRAFT - 10/14/2019 pw://Cdrollo/Documents/ClientIWA/Tukwila/_Proposals/Tukwila_Water_Scope Page 10 of 16 2. ROC for Chapter 6 — Water Use Efficiency. Task b00 Meetings • None TASK 700 - WATER QUALITY The purpose of this task is to summarize water quality regulations and reporting requirements, evaluation of water quality against the regulations, summary of any water quality violations, and recommended improvements, if necessary, to meet anticipated or future water quality regulations. This task will develop 2020 Chapter 7—Water Quality of the Plan. An independent Water Quality Chapter is being created to assist the City in meeting future regulatory requirements. The task will include the following activities: TASK 700 ACTIVITIES 702. Data Acquisition. Prepare a data requests will be provided required information. The request may include, but is not limited to, the following: • Water Quality Sampling Procedures & Program. • Consumer Confidence Reports. • Water quality violations, if applicable. • Revised Coliform Monitoring Plan. • Boil Water Notices. 703. Revise Chapter 7. Prepare a revised 2020 Chapter 7— Water Quality based on updated information. Revisions will be discussed as part of Meeting No. 8 — Operation and Maintenance Chapter Review. It is anticipated that any revisions will be minor. An electronic version of the draft Chapter will be sent to the City for review. City comments will be recorded in the Record of Comment and will be incorporated into the Chapter as part of the City Review Draft Plan. Task 700 Assumptions • City can provide elements listed under Task 702. • This task will involve updating the chapter from the 2015 Plan. • No hard copy of the chapter will be distributed. • This task does not include review or update of the City's Water Quality Monitoring Plan, Coliform Monitoring Plan, and other water quality programs and plans. Task 700 City Deliverables 1. Requested Data from Task 702. 2. Water Quality Sampling Procedures & Program. 3. Revised Coliform Monitoring Plan. 4. Comments on Draft Chapter 7 — Water Quality. Task 700 Consultant Deliverables 1. Draft Chapter 7 — Water Quality. 2. ROC for Chapter 7— Water Quality. Task 700 Meetings: • None DRAFT - 10/14/2019 pw://Carol to/Documents/Client/W A/Tukwila/_Proposals/Tukwila_W ate r_Scope Page 11 of 16 47 TASK 800 - OPERATION AND MAINTENANCE The purpose of this task is to review, update, and evaluate the City's Operations and Maintenance (O&M) Program document 2020 Chapter 8 — Operations and Maintenance. The chapters will be developed based on the information contained in 2015 Plan Chapter 7, which has been renumbered from the 2015 Plan due to changes in earlier chapters. An evaluation of the O&M programs will provide recommendations for new or updated maintenance programs, as needed. This task will include the following activities: TASK 800 ACTIVITIES 801. Meeting No. 7- Existing Chapter Review. Facilitate a meeting to review and identify updates needed to 2020 Chapter 8 — Operations & Maintenance. A data request will be prepared based on the meeting. 802. Data Acquisition. Prepare a data requests will be provided required information. The request may include, but is not limited to, the following: • The standard plans and specification, in MS Word. It is assumed the City will provide its standard plans and specifications for inclusion in the Plan. • Water system organization chart and operator certifications. • Public Works Emergency Response Plan. • Cross -Connection Control Program. • Route and preventive maintenance schedules for major system components. • Water Shortage Response Plan and Service Reliability. 803. Summarize Remaining Useful Life. Summarize remaining useful life of water mains based on the Pipeline Asset Management Study completed by Carollo in 2014. Develop a future water main repair and replacement program based on the findings of the study. 804. Revise Chapter7— Operation and Maintenance. Update 2015 Chapter 7 based on information provided by the City. This may include organization, certification, O&M program activities updates, and known major deficiencies in the City's O&M program. A detailed evaluation of City O&M programs will not be conducted. An electronic version of draft 2020 Chapter 8 will be sent to the City for review and City comments will be recorded in the comment response log. Comments will be incorporated in the Chapter as part of the City Review Draft Plan. This task assumes that no hard copy of the chapter will be distributed. Task 800 Assumptions • City can provide elements listed under Task 802. • This task will involve updating the chapter from the 2015 Plan. • No hard copy of the chapter will be distributed. Task 800 City Deliverables 1. Requested Data from Task 802. 2. Comments on Draft Chapter 8 — Operations and Maintenance. Task 800 Consultant Deliverables 1. Meeting No. 7— Operations & Maintenance Chapter Review Agenda, Materials, and Minutes. 2. Draft Chapter 8 — Operations and Maintenance. 3. ROC for Chapter 8 — Operations and Maintenance. Task 800 Meetings • Meeting No. 7— Operations and Maintenance Chapter Review. TASK 900 - CAPITAL IMPROVEMENT PLAN 48 DRAFT - 10/14/2019 pw://Carollo/Documents/Client/WA/Tukwila/—Proposals/Tukwila_Water_Scope Page 12 of 16 This task will summarize the recommended improvements for the water system in accordance with the City's policies and criteria. This task will develop 2020 Chapter 9 — Capital Improvement Plan, which has been renumbered from the 2015 Plan due to changes in earlier chapters. Total project costs will be developed for each recommended improvement and ranked by priority. Tasks involved include the following activities: TASK 900 ACTIVITIES 901. CIP Projects with Triggers. Identify and describe OP projects from prior tasks and existing City planning. Prepare a description of each project. A recommended implementation date, with based on a quantitative project "trigger", will be defined for each OP project. 902. Cost Estimates. Develop planning level cost estimates for all recommended projects using costs provided in other planning efforts. Cost estimates for construction, engineering, permitting, and other contingencies will be prepared; all costs will be given in 2020 dollars. 903. Prioritization. Prioritize condition -related and capacity -related projects identified in the previous tasks for inclusion in the CIP in collaboration with the City in Meeting No. 8. 904. Electronic CIP. Develop an electronic CIP tool using Excel to assist the City with future budgeting. Each project will be listed on a separate tab including project description, justification, estimated cost, and recommended year for implementation. City staff will be provided the ability to adjust indirect costs and escalation factors. A copy of the electronic CIP will be provided to City staff. Hardcopies of the project cut -sheets will be included as an appendix. The Consultant will train City staff on using the CIP Tool. 905. Meeting No. 8— Capital Improvement Plan. Facilitate meeting with City Staff to review the recommended CIP. 906. Create Draft Chapter 9 - Capital Improvements Plan. Prepare chapter including a description of cost estimating methods, project analysis, final recommendations, summary table, and system maps with the location of recommended improvements. It is assumed the efforts in this Task will require a complete update of the Chapter with all new information. An electronic version of draft Chapter 9 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan. This task assumes that no hard copy of the chapter will be distributed. Task 900 Assumptions • This task will require a complete update of the Chapter with all new information. Task 900 City Deliverables 1. Standard Construction Specification for Distribution Mains. 2. Comments on draft Chapter 9 — Capital Improvement Plan. Task 900 Consultant Deliverables 1. CIP Cost Estimates 2. Draft Chapter 9 — Capital Improvement Plan. 3. ROC for Chapter 9 — Capital Improvement Plan. 4. Meeting No. 8 — Capital Improvement Plan Agenda, Materials, and Minutes. Task 900 Meetings • Meeting No. 8 — Capital Improvement Plan. TASK 1000 — FINANCIAL PLAN The purpose of this task is to develop 2020 Chapter 10 — Financial Plan, which has been renumbered from the 2015 Plan due to changes in earlier chapters. The City will lead Chapter 10, which will include an historical financial overview of the system and summarize current policies, rates, and fees. Ten-year projections of revenues and DRAFT - 10/14/2019 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_Water_Scope Page 13 of 16 49 expenses will be developed to identify the total cost of providing water service and implementing the capital improvement program. Potential funding sources for CIP projects will be identified. TASK 1.000 ACTIVITIES 1002. Meeting No. 9 —Financial Plan. Review financial analysis conducted by City Staff. 1003. Review and Format Draft Chapter 10— Financial Plan. Review and format City prepared draft Chapter 10 for City's review and approval. Comments will be provided for City responses electronically Task 1000 Assumptions • This task will require a completed by the City Task 1000 City Deliverables 1. R Draft Chapter 10— Financial Plan. Task 1000 Consultant Deliverables 1. Draft Chapter 10 — Financial Plan 2. Meeting No. 9 — Financial Review Agenda, Materials, and Minutes. Task 1000 Meetings • Meeting No. 9 — Financial Review. TASK 1100 — PLAN INTEGRATION The purpose of this task is to integrate all chapters and appendices into the full Plan for review and adoption by the City. This task includes review of all chapters for consistency with DOH's requirements for a Comprehensive Water System Plan per WAC 206-290-100. TASK 1100 ACTIVITIES 1101. Executive Summary. Prepare an executive summary, summarizing each element of the Water System Plan. 1102. City Draft Plan. Prepare Cover Sheet and Table of Contents. Compile Chapters and develop Appendices. Incorporate comments into Draft Chapters based on City accepted ROCs. Prepare electronic review draft document for City Staff (one PDF copy). 1103. Meeting No. 10 — City Draft Plan. Meet with City to discuss comments of draft document. Incorporate comments to be included into Agency Draft Plan. 1104. Agency Draft Plan. Incorporate City comments into an Agency Draft plan to be submitted for agency review. Prepare three (3) hard copy and one PDF for distribution of Plan to Agencies and Adjacent Purveyors. 1105. Meeting No. 11 - Commission / Public Review. Attend a Commission meeting to support City Staff in gaining public comment and/or commission approval of the Plan, as selected by City staff. Aid City Staff in preparing technical materials for the meeting. 1106. Final Plan. Consultant will review agency review letters for incorporation into the Final Plan. Delivery of the Final Plan will include two PE -stamped notebook binders, one PDF, and all electronic deliverables. Task 1100 Assumptions • City provides required documents for appendices, including acceptance ordinances. • It is anticipated that City will distribute the Plan to DOH, County agencies, and adjacent purveyors review for approval. The City will collect public and agency review comments and address all comments. The 50 DRAFT - 10/14/2019 pw://CaroIIo/Documents/Client/WA/Tukwila/-proposals/Tukwila_Water_Scope Page 14 of 16 Consultant will provide technical assistance, if required. City will develop written responses to comments received during Agency Review process. Task 1100 City Deliverables 1. City Comments. 2. Public and Agency Review Comments. Task 1100 Consultant Deliverables 1. Executive Summary. 2. City Draft Plan — One PDF. 3. Agency Draft Plan — Three hard copies and one PDF. 4. Final Plan — Two hard copies and one PDF. 5. Meeting No. 10 — City Draft Plan Agenda, Materials, and Minutes. 6. Meeting No. 11— Commission / Public Review materials. Task 1100 Meetings • Meeting No. 10 — City Draft Plan. • Meeting No. 11— Commission / Public Review. Comprehensive Water System Plan SUMMARY OF MEETINGS Meetings Meeting No. 1 Kick-off Meeting Meeting No. 2 2015 Chapter 1 Review Meeting No.3 2020 Chapter 1 & 3 Review Meeting No. 4 Existing System Chapter Review Meeting No. S Demographic Analysis and Demand Projections Workshop Meeting No. 6 Desktop Analysis Workshop Meeting No. 7 System Improvements Workshop Meeting No. 8 Water Use Efficiency Chapter Review Meeting No. 9 Water Quality Chapter Review Meeting No. 10 Operations and Maintenance Chapter Review Meeting No.11 Capital Improvement Plan Meeting No. 12 Financial Review Meeting No.13 City Draft Plan Meeting No. 14 Commission / Public Review DRAFT - 10/14/2019 pw:/lCarollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila Water_Scope Page 15 of 16 51 CompreheriS�ve 11 `afe�r Sys em ;U`MM`AR.Y F DELIV AiBL''E' Deflvera livable) Project Management Plan All Meeting Agendas & Minutes Monthly Progress Reports (with invoices) Data Request Spreadsheet Draft and ROC for Executive Summary Draft Chapter and ROC for Chapter 1— Introduction Revision of chapter from 2015 Plan Draft Chapter and ROC for Chapter 2 — Description of the Water System Revision of chapter from 2015 Plan Draft Chapter and ROC for Chapter 3 — Policies and Criteria Revision of chapter from 2015 Plan Draft Chapter and ROC for Chapter 4 — Water Requirements Full chapter update Draft Chapter and ROC for Chapter 5 — System Analysis Full chapter update Draft Chapter and ROC for Chapter 6 — Water Use Efficiency Revision of chapter from 2015 Plan Draft Chapter and ROC for Chapter 7— Water Quality Revision of chapter from 2015 Plan Draft Chapter and ROC for Chapter 8 — Operations & Maintenance Revision of chapter from 2015 Plan Draft Chapter and ROC for Chapter 9 — Capital Improvement Plan Full chapter update Draft Chapter and ROC for Chapter 10 — Financial Plan Full chapter update City Draft Plan Agency Draft Plan Final Draft Plan & All Electronic Files DRAFT - 10/14/2019 Page 16 of 16 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_Water_Scope 52 EXHIBIT A CITY OF TUKWILA DRAFT SCOPE OF SERVICES COMPREHENSIVE SANITARY SEWER PLAN The following is a scope of work for the Comprehensive Sanitary Sewer Plan (Plan) for the City of Tukwila. The Plan will be completed by Carollo Engineers. However, some tasks and task elements will require the participation of City staff from the Planning, Finance, and Public Works Departments. This scope is developed to describe the content and purpose of the Plan, determine tasks to be completed for the update of the previous plan, and identify the resources necessary to accomplish those tasks. The Plan will be based on the Washington Administrative Code (WAC) 173-240-050 standards. The plan will include a future flow projections, system analysis, and a capital improvements plan (CIP) for existing (2019), 10- year, and build -out scenarios. The 2013 Sewer System Plan Update (Carollo) will be used as the basis forthis scope of work. PROJECT ASSUMPTIONS 1. Carollo Engineers, Inc. and its subconsultants will be referred to as "Consultant" in this document. 2. The City of Tukwila and its staff will be referred to as "City" in this document. 3. All meetings will be held at City offices. 4. Draft Chapters will be provided in electronic copy (PDF and/or Microsoft Word) transmitted via email or secure file transfer. 5. City comments on draft chapters will be documented in the Project Comment Response Log by the Consultant. The Consultant will prepare responses to address the comments in the Comment Response Log for the City's review and acceptance. Resulting changes will be incorporated in the Draft Agency Review Plan, rather than reissuing a draft chapter at the time. However, revised draft chapters can be produced upon City required. 6. The Consultant will prepare an agenda, presentation materials, and document discussions, including action items and decisions, for Consultant -led meetings. Meeting notes and related materials will be transmitted electronically in MS Word and PDF formats via email. 7. The City will print and produce additional copies of all documents as necessary for its use. 8. The City will provide available information related to the project and as requested by the Consultant in a timely manner. The City shall furnish Consultant available studies, reports, and other data pertinent to Consultant's services; obtain, or authorize Consultant to obtain, or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant's services hereunder, and Consultant shall be entitles to use and rely upon all such information and services provided by the City or others in performing Consultant's services under this Agreement. DRAFT - 10/14/2019 Page 1 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_GSP_Scope 53 �pFdhens V'e San�tar ARY'OF CHl P` "ERS ANt APPENDICES lapter /iApperldi apter Lead Executive Summary Consultant Chapter 1: Introduction Consultant Chapter 2: Flow Monitoring Consultant Chapter 3: Flow Projections Consultant Chapter 4: Existing System Consultant Chapter 5: System Analysis Consultant Chapter 6: Operations and Maintenance Consultant Chapter 7: Capital Improvement Plan Consultant Appendix A: State Environmental Policy Act Checklist and Determination of Non -Significance City Appendix B: Agency Review and Comment Letters City Appendix C: Adopting Resolution City Appendix D: King County WTD Conveyance Agreement Appendix E: System Map with Detailed Pipe City Consultant TASKS To meet the objectives of this Scope of Services, the Consultant shall complete the tasks as summarized in the table below and discussed in detail in the text that follows. omprehensive Sanitary Sewer Plan SUMMARY OF TASKS Task Number Task Name Task 100 Project Management Task 200 Introduction Task 300 Flow Monitoring Task 400 Flow Projections Task 500 Existing System Task 600 System Analysis Task 700 Operation and Maintenance Task 800 Capital Improvement Plan Task 900 Plan Preparation The scope of services for the above project will consist of the following tasks. TASK 100 — PROJECT MANAGEMENT DRAFT - 10/14/2019 pw://Carollo/Documents/Client/WA/Tukwila/ Proposals/Tukwila_GSP_5cope Page 2 of 17 54 This task includes routine management activities, submittal of monthly progress reports, and overall coordination and assistance. It is anticipated that the Project will be complete by December 2020. Project timeline modifications may require project hour and budget modifications. This task includes the following activities: TASK 100 ACTIVITIES: 101. Monthly Progress Reports. This subtask includes production and implementation of the project plan, schedule, and budget. Assist the project team members in the implementation of the task items, reviewing the work -in -progress reports. Prepare and submit monthly activity reports showing current project status and identifying key issues or elements of the project that will need to be addressed in the proceeding weeks. An electronic version of the monthly progress reports will be sent to the City for review and approval. This task assumes that no hard copy of the monthly progress reports will be distributed. 102 Project Management Plan. Prepare a Project Management Plan (PMP) that describes deliverables, Plan outline, anticipated meetings, project roles and responsibilities, lists contact information for the project team, describes communications protocols, quality management, and includes the scope of services, schedule, and budget. Quality Management includes, but is not limited to, the following elements: • Project Manager overview of all primary documents to verify technical consistency and compliance with contract requirements. • Organization of the work into logical deliverables with qualified staff for each task assigned to the work. • Resolution of all review comments with a memorandum summarizing key comments and the manner in which each was addressed in the work. An electronic version of the Project Management Plan will be sent to the City for review and approval. This task assumes that no hard copy of the Project Management Plan will be distributed. 103. Meeting No. 1— Kick-off Meeting. Facilitate a kick-off meeting to review project management and initial data requests. 104. Client Coordination. • Manage the consultant project team to track time and budget, work elements accomplished, work items planned for the next period, manpower, scope changes, time and budget needed to complete the project. • Create and maintain a working project schedule based on the schedule in the PMP. • Review project status, including scope, budget, and schedule. Task 100 Assumptions • The PMP will be updated with full incorporation of review comments after the City review of the draft PMP. • The total length of the project is 14 months. • City provides required documents for appendices. Task 100 City Deliverables 1. Team member contact information. 2. PMP review for completeness. 3. Receive, review, and process Consultant invoices in a timely manner. 4. Respond to data requests in a timely manner. Task 100 Consultant Deliverables 1. Draft request list. 2. Draft Plan outline. DRAFT - 10/14/2019 Page 3 of 17 pw://Carollo/Documents/Client/WA/TukwilaL Proposals/Tukwila_GSP_Scope 55 3. Draft PMP. 4. Final PMP. 5. 14 monthly progress reports and invoices. Task 100 Meetings • Meeting No. 1— Kick off Meeting. TASK 200- INTRODUCTION This task includes basic information that will serve as a foundation for developing a comprehensive program to meet current and projected future sewer system needs. This task will develop Chapterl Introduction. The task includes the following activities: TASK 200 ACTIVITIES 201. Meeting No. 2 - 2013 Chapter 1 Review. Facilitate a meeting to review and identify updates needed to Chapter 1— Introduction. This may include: related comprehensive sewer plans from the neighboring jurisdictions and other related plans; recent history of the City's sewer, system background; and policy and criteria. A data request will be prepared based on the meeting. 202. Data Acquisition. Prepare a data request for the required information. The request may include, but is not limited to, the following: • Related comprehensive sewer plans from the neighboring jurisdictions and other related plans. • Agreements with neighboring jurisdictions. • Neighboring/adjacent jurisdictions map, in Geographic Information System (GIS) format with current boundaries. • GIS data for the sewer system including City Limits, current sewer service area, urban growth area (UGA), AutoCAD data for existing facilities, and interties. • Service and Fiscal Policies related to service area and conditions of service, in MS Word. It is assumed the City will provide language for all requested changes to policies and criteria. • Emergency Management goals, including redundancy and reliability standards related to system components, in MS Word. • The standard plans and specification, in MS Word. It is assumed the City will provide its standard plans and specifications for inclusion in the Plan. 203. Revise Chapter 1- Introduction. Prepare a revised Chapter 1- Introduction based on City direction. It is anticipated that any revisions will be minor. An electronic version of draft Chapter 1 will be sent to the City for review and Consultant will address City comments in a comment response (ROC) log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan in Task 900. Task 200 Assumptions • City can provide elements listed under Task 202. • This task will involve updating the chapter from the 2013 Plan. • No hard copy of the chapter will be distributed. Task 200 City Deliverables 1. Requested Data from Task 202. DRAFT -10/14/2019 pw://Carollo/Documents)Client/WA/Tukwila/_Proposals/Tukwila_GSP Scope Page 4 of 17 56 2. Comments on draft Chapter 1— Introduction. Task 200 Consultant Deliverables 1. Draft Chapter 1— Introduction. 2. ROC for Chapter 1— Introduction. 3. Meeting Agendas and Minutes. Task 200 Meetings • Meeting No. 2 — 2013 Chapter 1 review. TASK 300 — FLOW MONITORING This Task will conduct and evaluate flow monitoring to allow accurate estimates of existing and future system flows, so that the City can adequately plan to accommodate its future sewer needs. This task will include flow monitoring of up to seven (7) locations by a Subconsultant. This task will be documented in TM No. 1— Flow Monitoring that will be included as an Appendix of the Plan. The task includes the following activities: TASK 300 ACTIVITIES 301. Review and Update Sewer Service Area and Basins. Review existing sewer service area and basins based on changes to parcels, collection system piping, and laterals information. It is anticipated the City will provide updated information electronically. Update Sewer Basins and provide an updated map for City review and confirmation. 302. Identify Primary Collectors and Lift Stations. The City will identify primary collectors and lift stations for potential flow monitoring and inclusion in the hydraulic model (Task 600). It is anticipated the collectors will be "skeletonized" to only include pipes greater than 12-inch and 8-inch pipes needed to represent flow conditions from sewer basins. To assist with future tasks, the City will need to provide invert elevations for the selected primary collectors and information on Lift Stations. 303. Identify Flow Monitoring Locations. Identify recommended locations in install temporary flow monitoring devices in the gravity system at up five (5) locations to measure primary collectors and or Lift Stations south of I- 405. An additional two (2) flow monitors on primary collectors or lift stations will be added north of 1-405, as directed by the City. Flow monitoring locations will be provided to the City to confirm their suitability for meter installation. 304 - Flow Monitoring ADS will provide temporary flow monitoring services to Consultant to collect three (3) months of flow data up to seven (7). After completion of the monitoring, ADS will provide a Rain Dependent Inflow & Infiltration (RDI/I) Analysis and an electronic report. The work will be performed in three phases as set forth below: a. Phase I - Mobilization a. Site Locations - ADS will work with the Consultant and the City to identify/verify the seven (7) locations for monitor installations. Upon approval by the City, additional locations may be added per the optional costs in the budget. 2. Site Investigation - Once the installation sites are provided to ADS, ADS field crew(s) will perform site investigations. ADS will utilize a standard two (2) person field crew for fieldwork and comply with Federal standards for confined -space entry. The proposed flow monitoring location will be located, inspected, and verified for hydraulic suitability. ADS will also check for debris in the manhole that could impact data quality and coordinate any required cleaning efforts with the City. DRAFT - 10/14/2019 Page 5 of 17 pw://Carollo/Documents/Client/WA/Tukwila/ Proposals/Tukwila_GSP_Scope 57 ADS field crews will look for evidence and signs of erratic flow patterns. ADS will also investigate adjacent manholes in order to identify the best monitoring locations. 3. Site Reports - Site reports will be generated upon completion of the site investigations. The site reports will include a sketch of the general location, physical characteristics and diameters of the proposed monitoring locations, manhole depths, flow measurements, and other comments pertinent to the location such as any special traffic or safety issues. Final site locations to be approved by the Consultant. 4. Equipment - ADS will utilize wireless ADS@ Model Triton+TM flow monitors during the course of this project. A typical monitor installation will include an ultrasonic depth sensor that will be mounted at the invert of the pipe, a redundant pressure depth sensor; and a Doppler velocity sensor also mounted at or near the invert. 5. Monitor Activation - Once installed, the monitor will be activated and set to take readings at 5- minute intervals. ADS Field crews will take manual depth readings with a ruler and velocity readings with a portable, instantaneous velocity meter in order to confirm the monitor is collecting accurate data based on the actual existing hydraulic conditions at each location. b. Phase II - Flow Monitoring i. Flow Monitoring - Once the monitors are installed and verified to be in working order, ADS will monitor for a period of four (4) calendar months ("monitoring period"). This initial monitoring period can be extended based on mutual consent and written agreement of additional work and price for such additional work. Anticipated flow monitoring locations are listed in Table i. Upon approval of the City, the flow monitoring may be extended by up to two months per the optional costs in the budget. 2. Data Collection and Equipment Maintenance - ADS will collect data from each monitoring location remotely using telemetry on a daily schedule (for sites with good wireless signal). The ADS project team will review the data weekly to ensure each monitor is running properly meeting the project objectives as well ADS `standards. ADS Field Crews will perform site confirmations, site maintenance which may include, cleaning the sensor(s), moving, changing or replacing any failed component at each monitor location. 3. Demobilization - Field crews will continue data collections and confirmations (as necessary) until the end of the monitoring period. Once authorized, crews will immediately begin removing the flow monitors and deliver final data to the data analyst. c. Phase Ill - Data Editing, Analysis and Reporting 1. Data Analysis - Upon completion of the monitoring period, a trained ADS Data Analyst will begin to finalize the data collected for each monitoring location. The data analyst will directly calculate flow using the continuity equation from recorded depth and average velocity data. Flow quantities as determined by the continuity equation will be plotted. 2. Sli/icer RDI/I Analysis - For each of the flow monitoring location, the analysis will characterize the average dry weather flow conditions and RDI/I calculations for all significant wet weather events, an assessment of hydraulic performance under such conditions. The results of dry weather and wet weather performance will be plotted on maps of the sewer sheds to make it easier to understand where RDI/I originates. The Sliicer.com section of the Report will include the following items: • Dry Weather Analysis — A characterization of the conditions observed during weekday and weekend periods of the flow monitoring period during dry weather periods, excluding periods of extended system recovery to previous rain events. Summarized as a time -series hydrograph of the average diurnal flow quantities for weekday and weekend dry weather periods. DRAFT - 10/14/2019 Page 6 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukuvila_GSP_Scope 58 • Dry Weather Flow Summary— Atable of the Average Dry Day Flow (ADDF) and an estimation of Base Infiltration (BI). Average dry weather diurnal patterns will be provided for each flow monitoring location during weekday and weekend portions of the monitoring period. • Wet Weather Analysis — A characterization of the conditions observed during specific wet weather events observed during the flow monitoring period, summarized as a time -series hydrograph comparing observed flow quantities to average diurnal flow quantities for corresponding weekday and weekend dry weather periods. • Wet Weather Summary— A characterization of the conditions observed during the maximum rain event of the monitoring period. This can be summarized as the maximum 3o minute average peaking factor observed during the flow monitoring period. • Wet Weather Prioritization —A column chart of the Rain Dependent Inflow/Infiltration (RDI/I) determined for each flow monitoring location for each wet weather event. Column chart provides a prioritized ranking based on net RDI/I (as percent rain ingress if basin acreages are provided) or net RDI/I per linear foot of sewer per inch of rain when linear footage information is provided to ADS. • Hydraulic Performance Evaluation — A narrative interpretation of hydraulic performance recorded at each flow monitoring location as determined using a scattergraph of flow depth and velocity data. The scattergraph interpretation shall evaluate the ability of each flow monitoring location to accommodate flow quantities observed during dry weather and wet weather conditions observed during the monitoring period. i. Data Delivery and TM No. 2 — Flow Monitoring Summary - ADS will prepare a Final TM to include electronic data of the flow data in tabular, hydrograph, scattergraph, and a RDI/I report in electronic format. 2. Meeting No. 22 — Flow Monitoring Summary - Facilitate a workshop with City Staff to review the results and conclusions drawn from the flow monitoring. 305. Rainfall Data Review. Obtain and process hourly rainfall data corresponding to the monitoring period from the NOAA SEATAC Airport weather station. 306. Flow Monitoring Data Review. It is anticipated that data will be available from up to seven (7) monitoring locations for the 2019/2020 winter. The data quality for the events will be evaluated for each meter and reviewed with the City. Flow monitoring data will also be reviewed to identify storm events that lead to wet weather flows in the collection system and are suitable for wet weather model calibration. The rainfall for these specific events will be compared with the rainfall record to assess the individual storm sizes return periods. Ideally data will be available for three to five storms. Wet weather flows, R-Factors and I/I rates will be calculated for each meter or SCADA source for up to three storm events. The flow monitoring data analysis will result in modified wet weather modeling parameters that will be used in the hydraulic model. 307. Meeting No. 3 - Flow Monitoring Review. Facilitate a workshop with City staff to review the findings of the Flow Monitoring. 308. Draft Chapter 2 — Flow Monitoring. Consultant will summarize the results of the flow monitoring and data review in Chapter 2: Flow Monitoring. It is assumed the efforts in this Task will require a complete update of the Chapter with all new information. An electronic version of draft Chapter 2 will be sent to the City for review and Consultant will address City comments in a comment response (ROC) log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan in Task 900. Task 300 Assumptions • This task will require a complete update of the Chapter with all new information. DRAFT - 10/14/2019 Page 7 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila GSP_Scope 59 • No hard copy of the draft chapter will be distributed. Task 300 City Deliverables 1. Requested Data. 2. Review of Draft TM No.1— Flow Monitoring. 3. Review of Draft Chapter 2 — Flow Monitoring. Task 300 Consultant Deliverables 1. Draft and Final TM No.1— Flow Monitoring. 2. Draft Chapter 2 — Flow Monitoring. 3. ROC for Chapter 2 — Flow Monitoring. 4. Meeting Agendas and Minutes. Task 300 Meetings • Meeting No. 3 — Flow Monitoring Review. TASK 400 — FLOW PROJECTIONS The objective of this task is to develop the sewer flow projections for the sewer service area for the current (2019), 10-year, and build -out (maximum density) scenarios. Sewer flows will be based on the flow monitoring in Task 300 and the City's demographic projections. A new hydraulic model will be created and used to estimate future wet weather flows. The model will include the developed area south of 1405 and up to two (2) sewer basins north of 405. This will not be an all pipe model of the system. The information developed in this task will become Chapter 3 - Flow Projections. This task includes the following activities: TASK 400 ACTIVITIES 401. Data Acquisition. Data requests will be provided at the kick-off meeting and as needed throughout the project. The City will provide: • Current I/I program. • Summary of I/I projects completed since the 2013 Plan. • Sewer connections by customer class. • Sewer conservation flow reduction rate. • Map with direct connections to King County wastewater system. • Data on number, horsepower, capacity, design point for all pumps at the City's Lift Stations. • Lift Stations run time. • City Planning Department existing and future populations and employment based on PSRC's 2040 Vision demographic projections and more current planning for the service area. These growth rates for the 10- year scenario will be consistent with the Comprehensive Water Plan. • GIS Data: land use, zoning data within the City Limits, sewer service area and UGA. It is assumed that these data will be provided in GIS format. • GIS Data: existing facilities (pipes, manholes, lift stations, connections with King County, etc.), and interties. DRAFT - 10/14/2019 Page 8 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tulomlla_GSP_Scope 60 402. Update Service Area, Land Use, and Zoning. Based on City provided data, update mapping and descriptions of existing and future service areas, land use, and zoning for the City Sewer Service Area. The Plan will include both figures and text. 403. Demographic Projections. Allocate the existing and 10-year and build -out projection of sewered population and employment provided by the City Planning Department to Sewer Basins. The 10-year growth rates will be consistent with the Comprehensive Water Plan. The build -out projections are anticipated to be based on Comprehensive Plan land use. 404. Design Storm. A design storm has been developed from a long term historical rainfall record at a number of sites near the City. Rainfall data from the ongoing city monitoring program will be reviewed and evaluated to determine if the design storm previously identified for wet weather flow modeling should be revised. The more recent data will also be used to evaluate any local rainfall variability and trends. This review will be prepared to provide the City with a defensible "Design" storm that emulates local weather patterns 405. Develop Existing Dry Weather Flows by Basin. Utilize existing land use maps to develop or confirm average dry weather flows (ADWF) for the modeled sewer basins. The flows will be confirmed with the flow monitoring data as well as the available flow data from the lift stations. Existing land use and currently served areas will be used to estimate flow factors per acre per land use category. The flow factor will be customized to match the observed existing ADWF and will be used to develop flow projections. For basins without measured flow data, flow factors will be assigned from a measured basin with similar land use characteristics. 406. Develop 10-year and Build -out Dry Weather Flows by Basin. The City's comprehensive plan and any additional information on housing densities, commercial and industrial uses will be used along with the flow factors developed in the above task to determine the ultimate development acreage and the ADWF for build -out conditions for up to sewer collection system. 407. Create Hydraulic Model. Using the most recent information from the City's GIS data, create a sewer system hydraulic model using Innovyze InfoSWMM software. The model will include the developed area south of 1405 and up to two (2) sewer basins north of 405. The model will include lift stations and primary collectors, and does not include the laterals, branches, or smaller truck sewers serving individual parcels within the basins. The City's existing GIS ArcView ".shp" files will be used to import the collection system data into the hydraulic model. If not available in the GIS, the City will provide invert elevations at key locations to construct the model. Add lift station controls provided by the City to simulate realistic lift station operation. Estimate likely boundary conditions at connections King County transmission mains, as required. The up to seven (7) basins associated with flow monitoring will be further divided into mini -basins for sanitary and wet weather loading in the model. These mini -basins will group parcels that contribute to common branches and trunks, and will be connected to the modeled primary collector or lift station at the appropriate location. 408. Meeting No4 - Hydraulic Model Creation.. Facilitate a meeting with City staff to review and confirm the elements of the hydraulic model. City staff may be requested to perform field verification of model elements based on this meeting. 409. Calibrate Existing Dry Weather and Wet Weather Flows. The existing dry and wet weather flows will be calibrated based upon the flow monitoring data, and rainfall data provided by the City as well as additional data available from the City's SCADA system for up to seven (7) locations in the collection system. Existing flow depths and velocities will also be checked and calibrated. The first step is to calibrate the model to dry weather flow conditions. Flow monitoring data will provide custom hourly diurnal curves that establish the daily flow patterns for each metering basin. Model results will be compared to measured flows to check for agreement between model results and measured flows. Model parameters will be adjusted, as needed, to best match the flow monitoring and SCADA data. It is assumed that the City will provide SCADA data in electronic format. DRAFT -10/14/2019 Page 9 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_GSP_Scope 61 Once the dry weather calibration is completed, the wet weather calibration is conducted. Rainfall information will aid in developing the required rainfall -derived infiltration/inflow (RDI/I) estimations that enter the collection system during a storm event. Wet weather calibration consists of using three storms that occurred during the flow monitoring period. It is recommended that the use of a single calibration period incorporating a number of independent rainfall events should be considered whenever possible. Model results will be reviewed and adjusted, as needed, to best match the flow monitoring, rainfall and SCADA data. The flows from unmetered basins will be developed as best possible using a mass balance between the available data, and proportioned as best as possible based on development type, age, pipe material, and extent of collection system components. The hydraulic model will be calibrated in accordance with international modeling standards. The Urban Drainage Group from the Chartered Institution of Water and Environmental Management (CIWEM) has established generally agreed upon principles for model verification. The dry weather and wet weather calibration will focus on meeting the recommendations on model verification contained in the "Code of Practice for the Hydraulic Modelling of Urban Drainage Systems," published by CIWEM (November 2017). 410. Meeting No. 5 - Model Calibration. Consultant will conduct a workshop (Meeting No. 5) with the City to summarize the model calibration results. Consultant will present the model calibration results for both dry and wet weather scenarios. Summary tables will be presented that quantify the percent difference between the measured data and the modeling results. Consultant will discuss calibration standards and confidence levels at the workshop. 411. Hydraulic Model Creation and Calibration TM No.2. Consultant will summarize the model creation and calibration in a Draft and Final TM. An electronic version of draft TM will be sent to the City for review and address City comments in a Final TM that will be included as an Appendix to the Plan. 412. Develop Existing, 10-yearm and Build out Wet Weather Flow. The calibrated model will be used to determine the existing, 10-year, and build out flows peak wet weather flows for the sewer service area. Wet weather flows will be based on the selected design storm. 413. Reclaimed Water. As required by Ecology, reclaimed water opportunities will be updated. The City currently uses reclaimed water from King County's South Treatment Plant. The City's current use and potential future customers will be summarized based on information provided by the City. No new analysis is anticipated for this effort. 413. Draft Chapter 3 — Flow Projections. Consultant will summarize the sewer flow projections in Chapter 3: Flow Projections. It is assumed the efforts in this Task will require a complete update of the Chapter with all new information. An electronic version of draft Chapter 3 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan. Task 400 Assumptions • City can provide elements listed under Task 401. • This task will require a complete update of the Chapter with all new information. • No hard copy of the draft chapter will be distributed. • The model will include the developed area south of 1405 and the primary interceptors north of 405. This will not be an all pipe model of the system. Task 400 City Deliverables DRAFT -10/14/2019 Page 10 of 17 pw://Carollo/Documents/Client/WA/Tukwila/ Proposals/Tulovila GSP_Scope 62 1. Requested Data. 2. Field verification of model elements, as required. 3. Comments on TM No. 2 — Hydraulic Model Creation and Calibration 4. Comments on Chapter 3 — Flow Projections. Task 400 Consultant Deliverables 1. Draft and Final TM No. 2 — Hydraulic Model Creation and Calibration. 2. Draft Chapter 3 — Flow Projections. 3. ROC for Chapter 3 — Flow Projections. 4. Meeting Agendas and Minutes. Task 400 Meetings 1. Meeting No. 4— Hydraulic Model Creation. 2. Meeting No. 5— Hydraulic Model Calibration. TASK 500 — EXISTING SYSTEM The objective of this task is to summarize the existing sewer system facilities and components including lift stations, and interties. This task includes the following activities: TASK 500 ACTIVITIES 501. Meeting No.6 - 2013 Chapter Review. Facilitate a meeting to review and identify updates needed to Chapter 4— Existing System. A data request will be prepared based on the meeting. 502. Data Acquisition. A data request will be provided for required information for this task. The request may include, but is not limited to, the following: • Data on pipeline materials and age by linear foot, as available. • Existing renew and replacement program. • Summary of improvements completed since the 2013 Plan. • SCADA data for sewer system. 503. Update Existing Sewer System. Update the components of the major sewer collectors and pump stations using City provided information. This may include changes to boundaries of sewer service basins, lift stations and force mains, and the total length of pipe based on diameter and material. Summarize improvements to the City's' wastewater collection system that have been completed since the 2013 Plan. Develop new system map. 504. Draft Chapter 4 — Existing System. Consultant will summarize the existing system in Chapter 4. An electronic version of draft Chapter 4 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated into the Chapter as part of the City Review Draft Plan. Task 500 Assumptions • City can provide elements listed under Task 502. • This task will involve updating the chapter from the 2013 Plan. • No hard copy of the chapter will be distributed. Task 500 City Deliverables DRAFT - 10/14/2019 Page 11 of 17 pw://Carollo/Documents/Client/WA/Tukwila/ Proposals/Tukwila GSP_Scope 63 1. Requested Data 2. Comments on Chapter 4— Existing System. Task 500 Consultant Deliverables 1. Draft Chapter 4 — Existing System. 2. ROC for Chapter 4— Existing System. 3. Meeting Agendas and Minutes. 4. System Map — Appendix E Task 500 Meetings • Meeting No. 6 — 2013 System Review. TASK 600 — CONVEYANCE SYSTEM ANALYSIS The objective of this task is to evaluate the capacity of the conveyance system to convey existing and future flows during the City's design storm. This task will form the basis for Chapter 5- Conveyance System Analysis of the Plan. The capacity assessment will be conducted for the collection system included in the hydraulic model and at lift stations. This task will develop recommended improvements to the system in support of a CIP for 10-year and build -out scenarios. This task includes the following activities. TASK 600 ACTIVITIES: 601. Collection System Analysis. After the model has been calibrated, the design storm will be routed through the modeled collection system capacity to evaluate capacity during existing, 10-year and build -out conditions. Evaluate capacity deficient segments and identify bottlenecks or other system limitations. Identify improvements to resolve deficiencies using the hydraulic model. All improvements will be confirmed using the hydraulic model. 602. Lift Station Capacity Analysis. Evaluate the existing lift stations capacity based on flow estimates for the design storm. The current performance of the existing lift stations, as provided by the City, will be compared to the modeled peak flows to confirm capacity during the existing, 10-year, and build -out scenarios. Required upgrades/modifications will be recommended, as necessary, to address lift station capacity deficiencies. 603. Meeting No. 7 - Capacity Analysis. Facilitate a meeting with City Staff to review the results of the collection system and Lift analysis, as well as initial recommended improvements. 604. Lift Station Operational Analysis and Meeting No.8. Conduct a high-level evaluate up to three existing lift stations operational and hydraulic performance to determine if improvements are needed to the Lift Stations. The evaluation will focus on hydraulic capacity, redundancy, facility reliability, and operational considerations, such as wet well sizing. Conduct a site visit of the selected Lift Stations (Meeting No. 8) to document existing infrastructure (Assumed half day site visit). Formulate conceptual Alternatives to address identified issues. Planning level costs, technical considerations and operation and maintenance issues will be compared to develop a recommended alternative. Results of this task will be incorporated into the CIP. 605. Draft Chapter 5 - Conveyance System Analysis. Chapter 5 will document the conveyance system analysis including the recommended improvements to the system. It is assumed the efforts in this Task will require a complete update of the Chapter with all new information. An electronic version of draft Chapter 5 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan. Task 600 Assumptions • City can provide any data requested. DRAFT - 10/14/2019 Page 12 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposalsaulmila_GSP Scope 64 • This task will require a complete update of the Chapter with all new information. • No hard copy of the chapter will be distributed. Task 600 City Deliverables 1. Requested Data. 2. Comments on Chapter 5— Conveyance System Analysis. Task 600 Consultant Deliverables 1. Draft Chapter 5 — Conveyance System Analysis. 2. ROC for Chapter 5— Conveyance System Analysis. 3. Meeting Agendas and Minutes. Task 600 Meetings 3. Meeting No. 7— Conveyance System Analysis. 4. Meeting No. 8 — Lift Stations Site Visit. TASK 700 — OPERATION AND MAINTENANCE The objective of this task is to assure satisfactory management of sewer system operations. It will provide an overview of the sewer system responsibility and authority, system operation and maintenance plan, equipment supplies and inventory, and emergency response. The City may need to update its existing emergency response plan that will be included as an appendix to the Comprehensive Plan. This task includes the following activities: TASK 700 ACTIVITIES 701. Meeting No. 9 — O&M Chapter Review. Facilitate a meeting to review and identify updates needed to Chapter 6 — O&M. A data request will be prepared based on the meeting. 702. Data Acquisition. Data requests will be provided at the kick-off meeting and as needed throughout the project. The City will provide: • Copy of the organization chart. • Copy of the FOG control program. • Copy of the overflow emergency response plan. • Current operations and maintenance program activities. 703. Collection System and Lift Station Condition and Maintenance Summary. The City's reported condition and maintenance problems will be summarized. Review basins identified with high I/I for potential causes of I/I including a history of repairs, and pipe age and material. Discuss I/I causes with City operation staff. Review the existing I/I program. Summarize completed projects. Identify or update I/I reduction goals. Document pipes with known maintenance issues, such as accumulation of solids, FOG build up, or root intrusion. A GIS map will be created, identifying the location of these pipe segments. General pipe replacement timing based on Remaining Useful Life will be based on prior analyses. Document City concerns with condition or maintenance of Lift Stations. No site visits will be completed during this task. Information for this task will be provided by the City electronically or during Meeting No. 7. 704. Update Chapter 6 — Operations and Maintenance. Update Chapter 6 based on information provided by the City. This may include updates to organization chart, certification, and collection system and lift station maintenance, O&M program activities, and known major deficiencies in the City's operation and maintenance DRAFT - 10/14/2019 Page 13 of 17 pw://Carollo/Documents/Client/WA/Tukwila/ Proposals/TukwiIa_GSP_Scope 65 (O&M) programs. This task does not include a FOG ordinance or program, overflow emergency response plan, a detailed O&M Manual, or maintenance management system. A detailed evaluation of City O&M programs will not be conducted. An electronic version of draft Chapter 6 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan. Task 700 Assumptions • City can provide elements listed under Task 702. • This task will involve updating the chapter from the 2013 Plan. • No hard copy of the chapter will be distributed. Task 700 City Deliverables 1. Requested Data from Task 702. 2. Comments on Draft Chapter 6 — Operations and Maintenance. Task 700 Consultant Deliverables 1. Draft Chapter 6 — Operations and Maintenance. 2. ROC for Chapter 6 — Operations and Maintenance. 3. Meeting Agenda and Minutes Task 700 Meetings • Meeting No. 9 —2013 Chapter Review. TASK 800— CAPITAL IMPROVEMENT PLAN This Task will summarize the recommended improvements for the conveyance system and lift stations in accordance with the City's Policy and Criteria. This task will develop Chapter 7 Capital Improvement Program for the Plan. Total project costs will be developed for each recommended improvement and ranked by priority. This task includes the following activities: TASK 800 ACTIVITIES 801. CIP Projects. Identify and describe CIP projects from prior tasks and existing City planning. Prepare a description of each project. 802. Cost Estimates. Develop planning level cost estimates for all recommended projects using costs provided in other planning efforts. Cost estimates for construction, engineering, permitting, and other contingencies will be prepared; all costs will be given in 2019 dollars. 803. Prioritization. Prioritize condition -related and capacity -related projects identified in the previous tasks for inclusion in the CIP into 10 year and long term scenarios 804. Meeting No.10—CIP Review. Facilitate a meeting with City staff to review and verify CIP projects, costs and prioritization 805. Electronic CIP. Develop an electronic CIP tool using Excel to assist the City with future budgeting. Each project will be listed on a separate tab including project description, justification, estimated cost, and recommended year for implementation. City staff will be provided the ability to adjust indirect costs and escalation factors. A copy of the electronic CIP will be provided to City staff. Hardcopies of the project cut -sheets will be included as an appendix. The Consultant will train City staff on using the CIP Tool. DRAFT -10/14/2019 Page 14 of 17 pw://Carollo/Documents/Client/WA/Tukwila/Proposals/Tukwila_GSP_Scope 66 806. Financial Summary. Summarize Sewer Utility financial information per WAC requirements. City to provide a discussion cost per service in terms of both debt service and operation and maintenance costs, of all existing facilities. Carollo will estimate additional costs for future facilities recommended during the planning period. This summary does not include an analysis of rates, connection charges, or methods to fund the recommended CIP. 807. Meeting No. 11— Financial Review. Facilitate a meetings with City Staff to review the financial summary and update priority of CIP projects, as required. 808. Draft Chapter 7. Prepare Chapter 7 - Capital Improvements Plan, including a description of cost estimating methods, project analysis, final recommendations, summary table, and system maps with the location of recommended improvements. It is assumed the efforts in this Task will require a complete update of the Chapter with all new information. An electronic version of draft Chapter 7 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan. This task assumes that no hard copy of the chapter will be distributed. Task 800 Assumptions • City can provide any data requested. • This task will require a complete update of the Chapter with all new information. • No hard copy of the chapter will be distributed. Task 800 City Deliverables 1. Requested Data. 2. Comments on Chapter 7— Capital Improvement Plan. Task 800 Consultant Deliverables 1. Draft Chapter 7— Capital Improvement Plan. 2. ROC for Chapter 7— Capital Improvement Plan. Task 800 Meetings • Meeting No. 10—Capital Improvement Plan. • Meeting No. 11—Financial Review. TASK 900 — PLAN PREPARATION This Task will include the compilation of all previous tasks. Carollo will prepare a final Comprehensive Sewer Plan that is the compilation of the chapters that have been created as a part of the project, with revisions based on feedback provided by the City throughout the project. The Comprehensive Sewer Plan will comply with WAC 173- 240-050. This task includes the following activities: TASK 900 ACTIVITIES 901. Executive Summary. Carollo will prepare an executive summary, summarizing each element of the Comprehensive Plan. 902. Prepare Staff Review Draft. Incorporate comments from draft chapters. Compile Chapters and develop Technical Appendices. Prepare review draft document for City Staff in one (1) notebook binder copies and an electronic copy. 903. Meeting No.12 — Staff Review Draft. Meet with City to discuss comments on the Staff Review draft Plan. Comments to be incorporated into SEPA/Agency Review Draft. DRAFT - 10/14/2019 Page.15 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_GSP_Scope 67 904. Meeting No. 13 — Council Review. Assist the City in presenting the findings of the Plan to Council. Carollo will prepare a power point summarizing the Plan's key points and attend the Council session to support City Staff. It is anticipated the Council presentation will be no longer than 30 minutes. 905. Prepare Agency Review Draft. Prepare three (3) hard copies and one electronic version for the City to distribute for agency review. This task assumes the City will lead the Agency Review process. The City will complete the SEPA review process and obtain approval during the Agency Review period. Carollo will assist City in responding to written comments by regulatory agencies, neighboring jurisdictions, and the public, including no more than three letters. No meetings are anticipated for this task. Additionally, no major plan revisions are included in the scope based on Agency Review comments. 906. Meeting No. 14 — Agency Review Comments. Meet with City to discuss comments on the Agency review comments. A response to comment log will be formulated based on the meeting. 907. Prepare Final Comprehensive Sewer Plan. Incorporate final comments based on agency reviews, as requested by the City. Provide City with three (3) signed and stamped Final Comprehensive Sewer Plans and one electronic version for the City's use. This task assumes only the documents above will be developed for the Plan approval and any other interim draft plan documents are considered out of scope. Task 900 City Deliverables 1. City Comments. 2. Public and Agency Review Comments. Task 900 Consultant Deliverables 1. Executive Summary. 2. City Draft Plan — One PDF. 3. Agency Draft Plan —Three hard copies and one PDF. 4. Final Plan —Two hard copies and one PDF. 5. Comment Response Log. Task 900 Meetings • Meeting No. 12 — Staff Review Plan Review. • Meeting No. 13—Council Review • Meeting No.14—Agency Review Comments. DRAFT - 10/14/2019 Page 16 of 17 pw://Carollo/Documents/Client/WA/Tukwila/Proposals/Tukwila GSP_Scope 68 Comprehensive Sanitary, Sewer Plan<!, SUMM'ARY,OF MEETINGS Meetir► Title; Meeting No.1 Kick-off Meeting Meeting No. 2 2013 Chapter 1 Review Meeting No.3 Demographic Analysis Meeting Meeting No. 4 Flow Projections and I&I Evaluations Meeting No. 5 Existing System Review Meeting No. 6 System Analysis Meeting No. 7 Operations and Maintenance Chapter Review Meeting No. 8 Capital Improvement Plan Meeting No. 9 Financial Review Meeting No. 10 Plan Review Comprehensive Sanitary Sewer Plan', SUMMARY OF DELIVERABLES Deliverable Ices (i pplicable) Project Management Plan All Meeting Agendas & Minutes Monthly Progress Reports (with invoices) Data Request Spreadsheet Draft and ROC for Executive Summary Draft Chapter and ROC for Chapter 1— Introduction Revision of chapter from 2013 Plan Draft Chapter and ROC for Chapter 2 — Demographic Analysis Full chapter update Draft Chapter and ROC for Chapter 3 — Flow Projections Full chapter update Hydraulic Model New Draft Chapter and ROC for Chapter 4 — Existing System Revision of chapter from 2013 Plan Draft Chapter and ROC for Chapter 5—System Analysis Full chapter update Draft Chapter and ROC for Chapter 6 — Operations & Maintenance Revision of chapter from 2013 Plan Draft Chapter and ROC for Chapter 7—Capital Improvement Plan Full chapter update City Draft Plan Agency Draft Plan Final Draft Plan & All Electronic Files DRAFT - 10/14/2019 Page 17 of 17 pw://Carollo/Documents/Client/DNA/Tukwila/_Proposals/Tukwila GSP_Scope 69 70 EXHIBIT C, Cost Estimate Water System Plan Update TASK I DESCRIPTION PM DLR CM LRK PE AT Staff Prof NLR GIS Varies WP Varies Total Hours Carollo Labor Cost OTHER DIRECT COSTS TOTAL COST PECE Travel and Printing $12.00 Total ODC Total Labor Rate $ 176 $ 226 $ 152 $ 132 $ 137 $ 95 Task 100 - Project Management 101 Monthly Progress Reports and Invoices Project Management Plan 36 9 18 63 $ 10,080 $ - $ 756 $ 756 $ 10,836 102 3 5 2 10 $ 1,378 $ - $ 120 $ 120 $ 1,498 103 Meeting No. 1-Kick-off Meeting 3 4 1 8 $ 1,151 $ 15 $ 96 $ 111 $ 1,262 104 Client Coordination 36 9 45 $ 8,370 $ - $ 540 $ 540 $ 8,910 Subtotal Task 100 78 18 0 9 0 21 126 20,979 15 $ 1,512 1,527 22 506 Task 200 - Introduction 201 Meeting No. 2 - 2015 Chapter 1 Review 3 4 1 8 $ 1,151 $ 15 $ 96 $ 111 $ 1,262 202 Data Acquisition 2 4 4 10 $ 1,428 $ - $ 120 $ 120 $ 1,548 203 Revise Chapter 1- Introduction 1 4 2 7 $ 894 $ - $ 84 $ 84 $ 978 204 Create New Chapter 3 - Policies and Criteria 3 1 12 4 20 $ 2,718 $ - $ 240 $ 240 $ 2,958 Subtotal Task 200 9 1 0 24 4 7 45 6,191 15 540 $ 555 6,746 Task 300 - Existing System 301 Meeting No. 3 - Existing System Chapter Review 3 4 1 8 $ 1,151 $ 15 $ 96 $ 111 $ 1,262 302 Data Acquisition 1 4 4 9 $ 1,252 $ - $ 108 $ 108 $ 1,360 303 Revise Chapter 2 - Existing System 2 1 8 6 4 21 $ 2,836 $ - $ 252 $ 252 $ 3,088 Subtotal Task 300 6 1 0 16 10 5 38 5,239 15 456 471 5,710 Task 400 - Demographic Analysis and Demand Pro 401 Data Request 2 4 6 $ 880 $ - $ 72 $ 72 $ 952 402 Demographics Analysis 2 24 8 34 $ 4,616 $ - $ 408 $ 408 $ 5,024 403 Demand Projections 4 40 8 52 $ 7,080 $ - $ 624 $ 624 $ 7,704 404 Meeting No. 4 - Demographic Analysis and Demand Projections 3 4 1 8 $ 1,151 $ 15 $ 96 $ 111 $ 1,262 405 Demand Model 2 8 10 $ 1,408 $ - $ 120 $ 120 $ 1,528 406 Create Draft Chapter 4 - Demographic Analysis and Demand Projections 4 2 24 4 4 38 $ 5,252 $ - $ 456 $ 456 $ 5,708 Subtotal - Task 400 17 2 0 104 20 5 148 $ 20,387 $ 15 $ 1,776 $ 1,791 $ 22,178 pw:\\10.PW-INT.Carollo.local:Carollo\ Documents \Client\WMTukwila_Proposals \Tukwila WSP eudget.ds, City of Tukwila December 2016 DRAFT 1 of 4 EXHIBIT C, Cost Estimate Water System Plan Update TASK / DESCRIPTION PM DLR OM LRK PE AT Staff Prof NLR GIS Varies WP Varies Total Hours Carollo Labor Cost OTHER DIRECT COSTS TOTAL COST PECE Travel and Printing $12.00 Total ODC Total Labor Rate $ 176 $ 226 $ 152 $ 132 $ 137 $ 95 Task 500 - System Analysis 501 Data Request 1 2 3 $ 440 $ - $ 36 $ 36 $ 476 502 Update Hydraulic Profile 1 2 6 9 $ 1,302 $ - $ 108 $ 108 $ 1,410 503 Water Right Self -Assessment 1 2 3 $ 480 $ - $ 36 $ 36 $ 516 504 Desktop Analysis - Water Supply Analysis 1 2 3 $ 480 $ - $ 36 $ 36 $ 516 505 Desktop Analysis - Storage Analysis 4 12 16 $ 2,528 $ - $ 192 $ 192 $ 2,720 506 Desktop Analysis - Pump Station Analysis 1 2 3 $ 480 $ - $ 36 $ 36 $ 516 507 Desktop Analysis - Limiting Factor Analysis 2 6 8 $ 1,264 $ - $ 96 $ 96 $ 1,360 508 Meeting No. 5 - Desktop Analysis Workshop 3 3 4 1 11 $ 1,909 $ 15 $ 132 $ 147 $ 2,056 509 Update Hydraulic Model/Calibration 1 4 36 6 49 $ 6,928 $ - $ 588 $ 588 $ 7,516 510 Future Storage Location 16 2 8 40 8 74 $ 10,860 $ - $ 888 $ 888 $ 11,748 511 Fire and System Pressure Analysis 1 2 16 4 23 $ 3,288 $ - $ 276 $ 276 $ 3,564 512 Identification of Water Improvement Projects 4 4 24 8 40 $ 5,872 $ - $ 480 $ 480 $ 6,352 513 Meeting No. 6 - System Improvements Workshop 3 4 1 8 $ 1,151 $ 15 $ 96 $ 111 $ 1,262 514 Draft Chapter 5-System Analysis 6 4 6 24 4 4 48 $ 6,968 $ - $ 576 $ 576 $ 7,544 Subtotal - Task S00 45 19 44 146 38 6 298 $ 43,950 $ 30 $ 3,576 $ 3,606 $ 47,556 �,..., m :.z �� Task 600 - Water Use Efficiency 601 Data Acquisition 2 2 $ 264 $ - $ 24 $ 24 $ 288 602 Revise Chapter 6 - Water Use Efficiency 2 1 16 2 4 25 $ 3,344 $ - $ 300 $ 300 $ 3,644 Subtotal - Task 600 2 1 0 18 2 4 27 $ 3,608 $ - $ 324 $ 324 $ 3,932 ,, Task 700 - Water Quality 701 Data Acquisition 2 2 $ 304 $ - $ 24 $ 24 $ 328 702 Revise Chapter 7- Water Quality 2 1 16 2 4 25 $ 3,664 $ - $ 300 $ 300 $ 3,964 Subtotal - Task 700 2 1 18 0 2 4 27 $ 3,968 $ - $ 324 $ 324 $ 4,292 Task 800 - Operation and Maintenance 801 Meeting No. 7 - Operation and Maintenance Chapter Review - 3 4 1 8 $ 1,231 $ 15 $ 96 $ 111 $ 1,342 802 Data Acquisition 1 2 3 $ 480 $ - $ 36 $ 36 $ 516 803 Summarize RUL 2 6 4 12 $ 1,812 $ - $ 144 $ 144 $ 1,956 804 Revise Chapter 7 - Operation and Maintenance 2 1 16 2 4 25 $ 3,664 $ - $ 300 $ 300 $ 3,964 Subtotal - Task 800 8 1 28 0 6 5 48 $ 7,187 $ 15 $ 576 $ 591 $ 7,778 pw:\\IO.PW-INT.Carollo.local:Carollo\Documents \Client\WA\Tukwila\_Proposals\Tukwila WSP Budget.xlsx City of Tukwila December 2016 DRAFT 2 of 4 EXHIBIT C, Cost Estimate Water System Plan Update TASK /DESCRIPTION PM DLR QM LRK PE AT Staff Prof NLR GIS Varies WP Varies Total Hours Carollo Labor Cost OTHER DIRECT COSTS TOTAL COST PECE Travel and Printing $12.00 Total ODC Total Labor Rate $ 176 $ 226 $ 152 $ 132 $ 137 $ 95 Task 900 - Capital Improvement Plan 901 CIP Projects with Triggers 6 1 4 16 4 31 $ 4,550 $ - $ 372 $ 372 $ 4,922 902 Cost Estimates 6 1 4 16 4 31 $ 4,550 $ - $ 372 $ 372 $ 4,922 903 Prioritization 6 1 8 4 19 $ 2,886 $ - $ 228 $ 228 $ 3,114 904 Electronic C/P 2 8 4 14 $ 1,956 $ - $ 168 $ 168 $ 2,124 905 Meeting No. 8 - Capital improvement Plan 3 3 4 1 11 $ 1,829 $ 15 $ 132 $ 147 $ 1,976 906 Create Draft Chapter 9 - Capital Improvement Plan 8 2 24 4 4 42 $ 5,956 $ - $ 504 $ 504 $ 6,460 Subtotal - Task 900 31 8 8 76 20 5 148 $ 21,727 $ 15 $ 1,776 $ 1,791 $ 23,518 pw:\\10-PW-INT.Carollo.local:Carollo\Oocuments\Client\WA\Tukwila`Proposals\Tukwila WSP Budget.klse City of Tukwila December 2016 DRAFT 3 of 4 EXHIBIT C, Cost Estimate Water System Plan Update TASK /DESCRIPTION PM DLR QM LRK PE AT Staff Prof NLR GIS Varies WP Varies Total Hours Carollo Labor Cost OTHER DIRECT COSTS TOTAL COST PECE Travel and Printing $12.00 Total ODC Total Labor Rate $ 176 $ 226 $ 152 $ 132 $ 137 $ 95 \-.- o , N Task 1000 - Financial Plan 10001 Meeting No. 9 - Financial Plan 3 3 6 $ 1,206 $ 15 $ 72 $ 87 $ 1,293 10002 Review and Format Draft Chapter 10 - Financial Plan 8 1 6 15 $ 2,204 $ - $ 180 $ 180 $ 2,384 Subtotal - Task 1000 11 4 0 0 0 6 21 $ 3,410 $ 15 $ 252 $ 267 $ 3,677 Task 1100 - Plan Integration 1101 Executive Summary 6 6 12 $ 1,848 $ - $ 144 $ 144 $ 1,992 1102 City Draft Plan 12 2 24 4 16 58 $ 7,652 $ - $ 696 $ 696 $ 8,348 1103 Meeting No. 10 - City Draft Plan 3 4 1 8 $ 1,151 $ 15 $ 96 $ 111 $ 1,262 1104 Agency Draft Plan 12 6 4 24 8 12 66 $ 9,480 $ 1,500 $ 792 $ 2,292 $ 11,772 1105 Meeting No. 11- Commission / Public Review 8 2 16 1 27 $ 4,067 $ 15 $ 324 $ 339 $ 4,406 1106 Final Plan 8 4 12 4 12 40 $ 5,288 $ 1,000 $ 480 $ 1,480 $ 6,768 Subtotal - Task 1100 49 8 10 86 16 42 211 $ 29,486 $ 2,530 $ 2,532 $ 5,062 $ 34,548 �:. pw:\\IO-PW-INT.Carollo.local:Carollo\Documents\Client \ WA\Tukwila`Proposals\Tukwila WSP Budget.,d City of Tukwila December 2016 DRAFT 4of4 EXHIBIT A CITY OF TUKWILA DRAFT SCOPE OF SERVICES COMPREHENSIVE SANITARY SEWER PLAN The following is a scope of work for the Comprehensive Sanitary Sewer Plan (Plan) for the City of Tukwila. The Plan will be completed by Carollo Engineers. However, some tasks and task elements will require the participation of City staff from the Planning, Finance, and Public Works Departments. This scope is developed to describe the content and purpose of the Plan, determine tasks to be completed for the update of the previous plan, and identify the resources necessary to accomplish those tasks. The Plan will be based on the Washington Administrative Code (WAC) 173-240-050 standards. The plan will include a future flow projections, system analysis, and a capital improvements plan (CIP) for existing (2019), 10- year, and build -out scenarios. The 2013 Sewer System Plan Update (Carollo) will be used as the basis for this scope of work. PROJECT ASSUMPTIONS 1. Carollo Engineers, Inc. and its subconsultants will be referred to as "Consultant" in this document. 2. The City of Tukwila and its staff will be referred to as "City" in this document. 3. All meetings will be held at City offices. 4. Draft Chapters will be provided in electronic copy (PDF and/or Microsoft Word) transmitted via email or secure file transfer. 5. City comments on draft chapters will be documented in the Project Comment Response Log by the Consultant. The Consultant will prepare responses to address the comments in the Comment Response Log for the City's review and acceptance. Resulting changes will be incorporated in the Draft Agency Review Plan, rather than reissuing a draft chapter at the time. However, revised draft chapters can be produced upon City required. 6. The Consultant will prepare an agenda, presentation materials, and document discussions, including action items and decisions, for Consultant -led meetings. Meeting notes and related materials will be transmitted electronically in MS Word and PDF formats via email. 7. The City will print and produce additional copies of all documents as necessary for its use. 8. The City will provide available information related to the project and as requested by the Consultant in a timely manner. The City shall furnish Consultant available studies, reports, and other data pertinent to Consultant's services; obtain, or authorize Consultant to obtain, or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant's services hereunder, and Consultant shall be entitles to use and rely upon all such information and services provided by the City or others in performing Consultant's services under this Agreement. DRAFT - 10/15/r 019?-g7L1-4 /.g19 Page 1 of 17 pw://Carollo/Documents/Client/WA/Tukwila/ Proposals/Tukwila_GSP Scope 75 Executive Summary Consultant Chapter 1: Introduction Consultant Chapter 2: Flow Monitoring Consultant Chapter 3: Flow Projections Consultant Chapter 4: Existing System Consultant Chapter 5: System Analysis Consultant Chapter 6: Operations and Maintenance Consultant Chapter 7: Capital Improvement Plan Consultant Appendix A: State Environmental Policy Act Checklist and Determination of Non -Significance City Appendix B: Agency Review and Comment Letters City Appendix C: Adopting Resolution City Appendix D: King County WTD Conveyance Agreement Appendix E: System Map with Detailed Pipe City Consultant TASKS To meet the objectives of this Scope of Services, the Consultant shall complete the tasks as summarized in the table below and discussed in detail in the text that follows. IJ Nldl'�' YI ii �lhl'jY��Y�""�I�iuluiv l!u d° ���Mu^Jig III"dI �IIV�V ilh�rvV �l�;���IiI J���� °III Task 100 a 1!uififWl;"s�„Iaylwlu p SI^P1 i rv�i "�i�l ul 'plr�ry VV'�^ V'i nl lml IS'I�NI��4�. Jiw �W Project Management Task 200 Introduction Task 300 Flow Monitoring Task 400 Flow Projections Task 500 Existing System Task 600 System Analysis Task 700 Operation and Maintenance Task 800 Capital Improvement Plan Task 900 Plan Preparation The scope of services for the above project will consist of the following tasks. TASK 100 — PROJECT MANAGEMENT DRAFT - 10/15/201.94-aP4; ?2j.r pw://Carollo/Documents/Client/wA/Tukwdal_Proposals/Tukwila GSP_Scope Page 2 of 17 76 This task includes routine management activities, submittal of monthly progress reports, and overall coordination and assistance. It is anticipated that the Project will be complete by December 2020. Project timeline modifications may require project hour and budget modifications. This task includes the following activities: TASK 100 ACTIViTiFS: 101. Monthly Progress Reports. This subtask includes production and implementation of the project plan, schedule, and budget. Assist the project team members in the implementation of the task items, reviewing the work -in -progress reports. Prepare and submit monthly activity reports showing current project status and identifying key issues or elements of the project that will need to be addressed in the proceeding weeks. An electronic version of the monthly progress reports will be sent to the City for review and approval. This task assumes that no hard copy of the monthly progress reports will be distributed. 102 Project Management Plan. Prepare a Project Management Plan (PMP) that describes deliverables, Plan outline, anticipated meetings, project roles and responsibilities, lists contact information for the project team, describes communications protocols, quality management, and includes the scope of services, schedule, and budget. Quality Management includes, but is not limited to, the following elements: • Project Manager overview of all primary documents to verify technical consistency and compliance with contract requirements. • Organization of the work into logical deliverables with qualified staff for each task assigned to the work. • Resolution of all review comments with a memorandum summarizing key comments and the manner in which each was addressed in the work. An electronic version of the Project Management Plan will be sent to the City for review and approval. This task assumes that no hard copy of the Project Management Plan will be distributed. 103. Meeting No.1— Kick-off Meeting. Facilitate a kick-off meeting to review project management and initial data requests. 104. Client Coordination. • Manage the consultant project team to track time and budget, work elements accomplished, work items planned for the next period, manpower, scope changes, time and budget needed to complete the project. • Create and maintain a working project schedule based on the schedule in the PMP. • Review project status, including scope, budget, and schedule. Task 100 Assumptions • The PMP will be updated with full incorporation of review comments after the City review of the draft PMP. • The total length of the project is 14 months. • City provides required documents for appendices. Task 100 City Deliverables 1. Team member contact information. 2. PMP review for completeness. 3. Receive, review, and process Consultant invoices in a timely manner. 4. Respond to data requests in a timely manner. Task 100 Consultant Deliverables 1. Draft request list. 2. Draft Plan outline. DRAFT - 10/15/201g10/1/ -1g Page 3 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_GSP_Scope 77 3. Draft PMP. 4. Final PMP. 5. 14 monthly progress reports and invoices. Task 100 Meetings • Meeting No. 1— Kick off Meeting. TASK 200— INTRODUCTION This task includes basic information that will serve as a foundation for developing a comprehensive program to meet current and projected future sewer system needs. This task will develop Chapter Introduction. The task includes the following activities: TASK 200 ACTIVITIES 201. Meeting No. 2 - 2013 Chapter 1 Review. Facilitate a meeting to review and identify updates needed to Chapter 1— Introduction. This may include: related comprehensive sewer plans from the neighboring jurisdictions and other related plans; recent history of the City's sewer, system background; and policy and criteria. A data request will be prepared based on the meeting. 202. Data Acquisition. Prepare a data request for the required information. The request may include, but is not limited to, the following: • Related comprehensive sewer plans from the neighboring jurisdictions and other related plans. • Agreements with neighboring jurisdictions. • Neighboring/adjacent jurisdictions map, in Geographic Information System (GIS) format with current boundaries. • GIS data for the sewer system including City Limits, current sewer service area, urban growth area (UGA), AutoCAD data for existing facilities, and interties. • Service and Fiscal Policies related to service area and conditions of service, in MS Word. It is assumed the City will provide language for all requested changes to policies and criteria. • Emergency Management goals, including redundancy and reliability standards related to system components, in MS Word. • The standard plans and specification, in MS Word. It is assumed the City will provide its standard plans and specifications for inclusion in the Plan. 203. Revise Chapter 1- Introduction. Prepare a revised Chapter 1- Introduction based on City direction. It is anticipated that any revisions will be minor. An electronic version of draft Chapter 1 will be sent to the City for review and Consultant will address City comments in a comment response (ROC) log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan in Task 900. Task 200 Assumptions • City can provide elements listed under Task 202. • This task will involve updating the chapter from the 2013 Plan. • No hard copy of the chapter will be distributed. Task 200 City Deliverables 1. Requested Data from Task 202. DRAFT - 10/15/20194:g24�-f ?fl? pw://Carollo/Documents/Client/VJA/Tukwilai_Proposals/Tukwila_GSP_Scope Page 4 of 17 78 2. Comments on draft Chapter 1— Introduction. Task200 Consultant Deliverables 1. Draft Chapter 1— Introduction. 2. ROC for Chapter 1— Introduction. 3. Meeting Agendas and Minutes. Task 200 Meetings • Meeting No. 2 — 2013 Chapter 1 review. TASK 300 — FLOW MONITORING This Task will conduct and evaluate flow monitoring to allow accurate estimates of existing and future system flows, so that the City can adequately plan to accommodate its future sewer needs. This task will include flow monitoring of up to seven (7) locations by a Subconsultant. This task will be documented in TM No. 1— Flow Monitoring that will be included as an Appendix of the Plan. The task includes the following activities: TASK 300 ACTIVITIES 301. Review and Update Sewer Service Area and Basins. Review existing sewer service area and basins based on changes to parcels, collection system piping, and laterals information. It is anticipated the City will provide updated information electronically. Update Sewer Basins and provide an updated map for City review and confirmation. 302. Identify Primary Collectors and Lift Stations. The City will identify primary collectors and lift stations for potential flow monitoring and inclusion in the hydraulic model (Task 600). It is anticipated the collectors will be "skeletonized" to only include pipes greater than 12-inch and 8-inch pipes needed to represent flow conditions from sewer basins. To assist with future tasks, the City will need to provide invert elevations for the selected primary collectors and information on Lift Stations. 303. Identify Flow Monitoring Locations. Identify recommended locations in install temporary flow monitoring devices in the gravity system at up five (5) locations to measure primary collectors and or Lift Stations south of I- 405. An additional two (2) flow monitors on primary collectors or lift stations will be added north of 1-405, as directed by the City. Flow monitoring locations will be provided to the City to confirm their suitability for meter installation. 304 - Flow Monitoring ADS will provide temporary flow monitoring services to Consultant to collect three (3) months of flow data up to seven (7). After completion of the monitoring, ADS will provide a Rain Dependent Inflow & Infiltration (RDI/1) Analysis and an electronic report. The work will be performed in three phases as set forth below: a. Phase I - Mobilization 1. Site Locations - ADS will work with the Consultant and the City to identify/verify the seven (7) locations for monitor installations. Upon approval by the City, additional locations may be added per the optional costs in the budget. 2. Site Investigation - Once the installation sites are provided to ADS, ADS field crew(s) will perform site investigations. ADS will utilize a standard two (2) person field crew for fieldwork and comply with Federal standards for confined -space entry. The proposed flow monitoring location will be located, inspected, and verified for hydraulic suitability. ADS will also check for debris in the manhole that could impact data quality and coordinate any required cleaning efforts with the City. DRAFT - 1O/15/2019-8,!"1 n, r Page 5 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_GSP_ Scope 79 ADS field crews will look for evidence and signs of erratic flow patterns. ADS will also investigate adjacent manholes in order to identify the best monitoring locations. 3. Site Reports - Site reports will be generated upon completion of the site investigations. The site reports will include a sketch of the general location, physical characteristics and diameters of the proposed monitoring locations, manhole depths, flow measurements, and other comments pertinent to the location such as any special traffic or safety issues. Final site locations to be approved by the Consultant. 4. Equipment - ADS will utilize wireless ADS® Model Triton+TM flow monitors during the course of this project. A typical monitor installation will include an ultrasonic depth sensor that will be mounted at the invert of the pipe, a redundant pressure depth sensor; and a Doppler velocity sensor also mounted at or near the invert. 5. Monitor Activation - Once installed, the monitor will be activated and set to take readings at 5- minute intervals. ADS Field crews will take manual depth readings with a ruler and velocity readings with a portable, instantaneous velocity meter in order to confirm the monitor is collecting accurate data based on the actual existing hydraulic conditions at each location. b. Phase II - Flow Monitoring 1. Flow Monitoring - Once the monitors are installed and verified to be in working order, ADS will monitor for a period of four (4) calendar months ("monitoring period"). This initial monitoring period can be extended based on mutual consent and written agreement of additional work and price for such additional work. Anticipated flow monitoring locations are listed in Table i. Upon approval of the City, the flow monitoring may be extended by up to two months per the optional costs in the budget. 2. Data Collection and Equipment Maintenance - ADS will collect data from each monitoring location remotely using telemetry on a daily schedule (for sites with good wireless signal). The ADS project team will review the data weekly to ensure each monitor is running properly meeting the project objectives as well ADS `standards. ADS Field Crews will perform site confirmations, site maintenance which may include, cleaning the sensor(s), moving, changing or replacing any failed component at each monitor location. 3. Demobilization - Field crews will continue data collections and confirmations (as necessary) until the end of the monitoring period. Once authorized, crews will immediately begin removing the flow monitors and deliver final data to the data analyst. c. Phase Ill - Data Editing, Analysis and Reporting 1. Data Analysis - Upon completion of the monitoring period, a trained ADS Data Analyst will begin to finalize the data collected for each monitoring location. The data analyst will directly calculate flow using the continuity equation from recorded depth and average velocity data. Flow quantities as determined by the continuity equation will be plotted. 2. Sli/icer RDI/I Analysis - For each of the flow monitoring location, the analysis will characterize the average dry weather flow conditions and RDI/I calculations for all significant wet weather events, an assessment of hydraulic performance under such conditions. The results of dry weather and wet weather performance will be plotted on maps of the sewer sheds to make it easier to understand where RDI/I originates. The Sliicer.com section of the Report will include the following items: • Dry Weather Analysis — A characterization of the conditions observed during weekday and weekend periods of the flow monitoring period during dry weather periods, excluding periods of extended system recovery to previous rain events. Summarized as a time -series hydrograph of the average diurnal flow quantities for weekday and weekend dry weather periods. DRAFT - 10/15/20191419= Page 6 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Propnsals/Tul<wilaGSP_Scope 80 • Dry Weather Flow Summary— A table of the Average Dry Day Flow (ADDF) and an estimation of Base Infiltration (BI). Average dry weather diurnal patterns will be provided for each flow monitoring location during weekday and weekend portions of the monitoring period. • Wet Weather Analysis— A characterization of the conditions observed during specific wet weather events observed during the flow monitoring period, summarized as a time -series hydrograph comparing observed flow quantities to average diurnal flow quantities for corresponding weekday and weekend dry weather periods. • Wet Weather Summary —A characterization of the conditions observed during the maximum rain event of the monitoring period. This can be summarized as the maximum 3o minute average peaking factor observed during the flow monitoring period. • Wet Weather Prioritization — Acolumn chart of the Rain Dependent Inflow/Infiltration (RDI/I) determined for each flow monitoring location for each wet weather event. Column chart provides a prioritized ranking based on net RDI/I (as percent rain ingress if basin acreages are provided) or net RDI/I per linear foot of sewer per inch of rain when linear footage information is provided to ADS. • Hydraulic Performance Evaluation — A narrative interpretation of hydraulic performance recorded at each flow monitoring location as determined using a scattergraph of flow depth and velocity data. The scattergraph interpretation shall evaluate the ability of each flow monitoring location to accommodate flow quantities observed during dry weather and wet weather conditions observed during the monitoring period. 1. Data Delivery and TM No. 2 — Flow Monitoring Summary - ADS will prepare a Final TM to include electronic data of the flow data in tabular, hydrograph, scattergraph, and a RDI/I report in electronic format. 2. Meeting No. 22 — Flow Monitoring Summary - Facilitate a workshop with City Staff to review the results and conclusions drawn from the flow monitoring. 305. Rainfall Data Review. Obtain and process hourly rainfall data corresponding to the monitoring period from the NOAA SEATAC Airport weather station. 306. Flow Monitoring Data Review. It is anticipated that data will be available from up to seven (7) monitoring locations for the 2019/2020 winter. The data quality for the events will be evaluated for each meter and reviewed with the City. Flow monitoring data will also be reviewed to identify storm events that lead to wet weather flows in the collection system and are suitable for wet weather model calibration. The rainfall for these specific events will be compared with the rainfall record to assess the individual storm sizes return periods. Ideally data will be available for three to five storms. Wet weather flows, R-Factors and I/I rates will be calculated for each meter or SCADA source for up to three storm events. The flow monitoring data analysis will result in modified wet weather modeling parameters that will be used in the hydraulic model. 307. Meeting No. 3 - Flow Monitoring Review. Facilitate a workshop with City staff to review the findings of the Flow Monitoring. 308. Draft Chapter 2 — Flow Monitoring. Consultant will summarize the results of the flow monitoring and data review in Chapter 2: Flow Monitoring. It is assumed the efforts in this Task will require a complete update of the Chapter with all new information. An electronic version of draft Chapter 2 will be sent to the City for review and Consultant will address City comments in a comment response (ROC) log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan in Task 900. Task 300 Assumptions • This task will require a complete update of the Chapter with all new information. DRAFT - 10/15/2029-1 019 Page 7 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_GSP Scope 81 • No hard copy of the draft chapter will be distributed. Task 300 City Deliverables 1. Requested Data. 2. Review of Draft TM No.1— Flow Monitoring. 3. Review of Draft Chapter 2 — Flow Monitoring. Task 300 Consultant Deliverables 1. Draft and Final TM No.1— Flow Monitoring. 2. Draft Chapter 2 — Flow Monitoring. 3. ROC for Chapter 2 — Flow Monitoring. 4. Meeting Agendas and Minutes. Task 300 Meetings • Meeting No. 3 — Flow Monitoring Review. TASK 400 — FLOW PROJECTIONS The objective of this task is to develop the sewer flow projections for the sewer service area for the current (2019), 10-year, and build -out (maximum density) scenarios. Sewer flows will be based on the flow monitoring in Task 300 and the City's demographic projections. A new hydraulic model will be created and used to estimate future wet weather flows. The model will include the developed area south of 1405 and up to two (2) sewer basins north of 405. This will not be an all pipe model of the system. The information developed in this task will become Chapter 3 - Flow Projections. This task includes the following activities: TASK 400 ACl-IV!T1FS 401. Data Acquisition. Data requests will be provided at the kick-off meeting and as needed throughout the project. The City will provide: • Current I/I program. • Summary of I/I projects completed since the 2013 Plan. • Sewer connections by customer class. • Sewer conservation flow reduction rate. • Map with direct connections to King County wastewater system. • Data on number, horsepower, capacity, design point for all pumps at the City's Lift Stations. • Lift Stations run time. • City Planning Department existing and future populations and employment based on PSRC's 2040 Vision demographic projections and more current planning for the service area. These growth rates for the 10- year scenario will be consistent with the Comprehensive Water Plan. • GIS Data: land use, zoning data within the City Limits, sewer service area and UGA. It is assumed that these data will be provided in GIS format. • GIS Data: existing facilities (pipes, manholes, lift stations, connections with King County, etc.), and interties. DRAFT - I0/15/2019:!-g7i= i/20 Page 8 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila_GSP_Scope 82 402. Update Service Area, Land Use, and Zoning. Based on City provided data, update mapping and descriptions of existing and future service areas, land use, and zoning for the City Sewer Service Area. The Plan will include both figures and text. 403. Demographic Projections. Allocate the existing and 10-year and build -out projection of sewered population and employment provided by the City Planning Department to Sewer Basins. The 10-year growth rates will be consistent with the Comprehensive Water Plan. The build -out projections are anticipated to be based on Comprehensive Plan land use. 404. Design Storm. A design storm has been developed from a long term historical rainfall record at a number of sites near the City. Rainfall data from the ongoing city monitoring program will be reviewed and evaluated to determine if the design storm previously identified for wet weather flow modeling should be revised. The more recent data will also be used to evaluate any local rainfall variability and trends. This review will be prepared to provide the City with a defensible "Design" storm that emulates local weather patterns 405. Develop Existing Dry Weather Flows by Basin. Utilize existing land use maps to develop or confirm average dry weather flows (ADWF) for the modeled sewer basins. The flows will be confirmed with the flow monitoring data as well as the available flow data from the lift stations. Existing land use and currently served areas will be used to estimate flow factors per acre per land use category. The flow factor will be customized to match the observed existing ADWF and will be used to develop flow projections. For basins without measured flow data, flow factors will be assigned from a measured basin with similar land use characteristics. 406. Develop 10-year and Build -out Dry Weather Flows by Basin. The City's comprehensive plan and any additional information on housing densities, commercial and industrial uses will be used along with the flow factors developed in the above task to determine the ultimate development acreage and the ADWF for build -out conditions for up to sewer collection system. 407. Create Hydraulic Model. Using the most recent information from the City's GIS data, create a sewer system hydraulic model using Innovyze InfoSWMM software. The model will include the developed area south of 1405 and up to two (2) sewer basins north of 405. The model will include lift stations and primary collectors, and does not include the laterals, branches, or smaller truck sewers serving individual parcels within the basins. The City's existing GIS ArcView ".shp" files will be used to import the collection system data into the hydraulic model. If not available in the GIS, the City will provide invert elevations at key locations to construct the model. Add lift station controls provided by the City to simulate realistic lift station operation. Estimate likely boundary conditions at connections King County transmission mains, as required. The up to seven (7) basins associated with flow monitoring will be further divided into mini -basins for sanitary and wet weather loading in the model. These mini -basins will group parcels that contribute to common branches and trunks, and will be connected to the modeled primary collector or lift station at the appropriate location. 408. Meeting No4 - Hydraulic Model Creation.. Facilitate a meeting with City staff to review and confirm the elements of the hydraulic model. City staff may be requested to perform field verification of model elements based on this meeting. 409. Calibrate Existing Dry Weather and Wet Weather Flows. The existing dry and wet weather flows will be calibrated based upon the flow monitoring data, and rainfall data provided by the City as well as additional data available from the City's SCADA system for up to seven (7) locations in the collection system. Existing flow depths and velocities will also be checked and calibrated. The first step is to calibrate the model to dry weather flow conditions. Flow monitoring data will provide custom hourly diurnal curves that establish the daily flow patterns for each metering basin. Model results will be compared to measured flows to check for agreement between model results and measured flows. Model parameters will be adjusted, as needed, to best match the flow monitoring and SCADA data. It is assumed that the City will provide SCADA data in electronic format. DRAFT- 10/15/20191Q1--14-14g_ Page 9 of 17 pw://Carollo/Documents/Client/VJA/Tukwila/_Proposals/Tukwila GSP Scope 83 Once the dry weather calibration is completed, the wet weather calibration is conducted. Rainfall information will aid in developing the required rainfall -derived infiltration/inflow (RDI/I) estimations that enter the collection system during a storm event. Wet weather calibration consists of using three storms that occurred during the flow monitoring period. It is recommended that the use of a single calibration period incorporating a number of independent rainfall events should be considered whenever possible. Model results will be reviewed and adjusted, as needed, to best match the flow monitoring, rainfall and SCADA data. The flows from unmetered basins will be developed as best possible using a mass balance between the available data, and proportioned as best as possible based on development type, age, pipe material, and extent of collection system components. The hydraulic model will be calibrated in accordance with international modeling standards. The Urban Drainage Group from the Chartered Institution of Water and Environmental Management (CIWEM) has established generally agreed upon principles for model verification. The dry weather and wet weather calibration will focus on meeting the recommendations on model verification contained in the "Code of Practice for the Hydraulic Modelling of Urban Drainage Systems," published by CIWEM (November 2017). 410. Meeting No. 5 - Model Calibration. Consultant will conduct a workshop (Meeting No. 5) with the City to summarize the model calibration results. Consultant will present the model calibration results for both dry and wet weather scenarios. Summary tables will be presented that quantify the percent difference between the measured data and the modeling results. Consultant will discuss calibration standards and confidence levels at the workshop. 411. Hydraulic Model Creation and Calibration TM No.2. Consultant will summarize the model creation and calibration in a Draft and Final TM. An electronic version of draft TM will be sent to the City for review and address City comments in a Final TM that will be included as an Appendix to the Plan. 412. Develop Existing, 10-yearm and Build out Wet Weather Flow. The calibrated model will be used to determine the existing, 10-year, and build out flows peak wet weather flows for the sewer service area. Wet weather flows will be based on the selected design storm. 413. Reclaimed Water. As required by Ecology, reclaimed water opportunities will be updated. The City currently uses reclaimed water from King County's South Treatment Plant. The City's current use and potential future customers will be summarized based on information provided by the City. No new analysis is anticipated for this effort. 413. Draft Chapter 3 — Flow Projections. Consultant will summarize the sewer flow projections in Chapter 3: Flow Projections. It is assumed the efforts in this Task will require a complete update of the Chapter with all new information. An electronic version of draft Chapter 3 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan. Task 400 Assumrsrions • City can provide elements listed under Task 401. • This task will require a complete update of the Chapter with all new information. • No hard copy of the draft chapter will be distributed. • The model will include the developed area south of 1405 and the primary interceptors north of 405. This will not be an all pipe model of the system. Task 400 City Deliverables DRAFT - 10/15/2019_ ,?-/-4 , ?-1 t Page 10 of 17 pw://Carollo/Documents/Client/WA/Tu lovila/_Proposals/Tvl<mila_GSP_Scope 84 1. Requested Data. 2. Field verification of model elements, as required. 3. Comments on TM No. 2 — Hydraulic Model Creation and Calibration 4. Comments on Chapter 3 — Flow Projections. Task 400 Consultant Deliverables 1. Draft and Final TM No. 2 — Hydraulic Model Creation and Calibration. 2. Draft Chapter 3 — Flow Projections. 3. ROC for Chapter 3 — Flow Projections. 4. Meeting Agendas and Minutes. Task 400 Alleetinas 1. Meeting No. 4— Hydraulic Model Creation. 2. Meeting No. 5—Hydraulic Model Calibration. TASK 500 — EXISTING SYSTEM The objective of this task is to summarize the existing sewer system facilities and components including lift stations, and interties. This task includes the following activities: TASK 500 ACTIVITIES 501. Meeting No.6 - 2013 Chapter Review. Facilitate a meeting to review and identify updates needed to Chapter 4— Existing System. A data request will be prepared based on the meeting. 502. Data Acquisition. A data request will be provided for required information for this task. The request may include, but is not limited to, the following: • Data on pipeline materials and age by linear foot, as available. • Existing renew and replacement program. • Summary of improvements completed since the 2013 Plan. • SCADA data for sewer system. 503. Update Existing Sewer System. Update the components of the major sewer collectors and pump stations using City provided information. This may include changes to boundaries of sewer service basins, lift stations and force mains, and the total length of pipe based on diameter and material. Summarize improvements to the City's' wastewater collection system that have been completed since the 2013 Plan. Develop new system map. 504. Draft Chapter 4— Existing System. Consultant will summarize the existing system in Chapter 4. An electronic version of draft Chapter 4 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan. Task 500 Assumptions • City can provide elements listed under Task 502. • This task will involve updating the chapter from the 2013 Plan. • No hard copy of the chapter will be distributed. Task 500 City Deliverables DRAFT - 10/15/2019 '!'I< -1 ±.E Page 11 of 17 pw://Carollo/Documents/Client/WA/Tukwila/_Proposals/Tukwila GSP_Scope 85 1. Requested Data 2. Comments on Chapter 4— Existing System. Task S00 Consultant Deliverables 1. Draft Chapter 4— Existing System. 2. ROC for Chapter 4— Existing System. 3. Meeting Agendas and Minutes. 4. System Map — Appendix E Task 500 Meetinas • Meeting No. 6 — 2013 System Review. TASK 600 — CONVEYANCE SYSTEM ANALYSIS The objective of this task is to evaluate the capacity of the conveyance system to convey existing and future flows during the City's design storm. This task will form the basis for Chapters - Conveyance System Analysis of the Plan. The capacity assessment will be conducted for the collection system included in the hydraulic model and at lift stations. This task will develop recommended improvements to the system in support of a CIP for 10-year and build -out scenarios. This task includes the following activities. TASK 600 ACTIVITIES: 601. Collection System Analysis. After the model has been calibrated, the design storm will be routed through the modeled collection system capacity to evaluate capacity during existing, 10-year and build -out conditions. Evaluate capacity deficient segments and identify bottlenecks or other system limitations. Identify improvements to resolve deficiencies using the hydraulic model. All improvements will be confirmed using the hydraulic model. 602. Lift Station Capacity Analysis. Evaluate the existing lift stations capacity based on flow estimates for the design storm. The current performance of the existing lift stations, as provided by the City, will be compared to the modeled peak flows to confirm capacity during the existing, 10-year, and build -out scenarios. Required upgrades/modifications will be recommended, as necessary, to address lift station capacity deficiencies. 603. Meeting No. 7 - Capacity Analysis. Facilitate a meeting with City Staff to review the results of the collection system and Lift analysis, as well as initial recommended improvements. 604. Lift Station Operational Analysis and Meeting No.8. Conduct a high-level evaluate up to three existing lift stations operational and hydraulic performance to determine if improvements are needed to the Lift Stations. The evaluation will focus on hydraulic capacity, redundancy, facility reliability, and operational considerations, such as wet well sizing. Conduct a site visit of the selected Lift Stations (Meeting No. 8) to document existing infrastructure (Assumed half day site visit). Formulate conceptual Alternatives to address identified issues. Planning level costs, technical considerations and operation and maintenance issues will be compared to develop a recommended alternative. Results of this task will be incorporated into the CIP. 605. Draft Chapter 5 - Conveyance System Analysis. Chapter 5 will document the conveyance system analysis including the recommended improvements to the system. It is assumed the efforts in this Task will require a complete update of the Chapter with all new information. An electronic version of draft Chapter 5 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated into the Chapter as part of the City Review Draft Plan. Task 600 Assumptions • City can provide any data requested. DRAFT - 10/15/2(319-1C;44-,L,—g' Page 12 of 17 pw:/I Carollo/Documents/Client/ WA/TukwilaLProposalslTulamila_GSP_Scope 86 • This task will require a complete update of the Chapter with all new information. • No hard copy of the chapter will be distributed. Task 600 City Deliverables 1. Requested Data. 2. Comments on Chapter 5—Conveyance System Analysis. Task 600 Consultant Deliverables 1. Draft Chapter 5—Conveyance System Analysis. 2. ROC for Chapter 5— Conveyance System Analysis. 3. Meeting Agendas and Minutes. Task 600 Meetings 3. Meeting No.7—Conveyance System Analysis. 4. Meeting No. 8 — Lift Stations Site Visit. TASK 700 — OPERATION AND MAINTENANCE The objective of this task is to assure satisfactory management of sewer system operations. It will provide an overview of the sewer system responsibility and authority, system operation and maintenance plan, equipment supplies and inventory, and emergency response. The City may need to update its existing emergency response plan that will be included as an appendix to the Comprehensive Plan. This task includes the following activities: TASK 700 ACTIVITIES 701. Meeting No. 9 — O&M Chapter Review. Facilitate a meeting to review and identify updates needed to Chapter 6 — O&M. A data request will be prepared based on the meeting. 702. Data Acquisition. Data requests will be provided at the kick-off meeting and as needed throughout the project. The City will provide: • Copy of the organization chart. • Copy of the FOG control program. • Copy of the overflow emergency response plan. • Current operations and maintenance program activities. 703. Collection System and Lift Station Condition and Maintenance Summary. The City's reported condition and maintenance problems will be summarized. Review basins identified with high I/I for potential causes of I/I including a history of repairs, and pipe age and material. Discuss I/I causes with City operation staff. Review the existing I/I program. Summarize completed projects. Identify or update I/I reduction goals. Document pipes with known maintenance issues, such as accumulation of solids, FOG build up, or root intrusion. A GIS map will be created, identifying the location of these pipe segments. General pipe replacement timing based on Remaining Useful Life will be based on prior analyses. Document City concerns with condition or maintenance of Lift Stations. No site visits will be completed during this task. Information for this task will be provided by the City electronically or during Meeting No. 7. 704. Update Chapter 6 — Operations and Maintenance. Update Chapter 6 based on information provided by the City. This may include updates to organization chart, certification, and collection system and lift station maintenance, O&M program activities, and known major deficiencies in the City's operation and maintenance DRAFT - 10/15/2019 -0;4' O1S Page 13 of 17 pw://Carolb/Documents/Client/WA/Tukwila/_Proposals/Tukwila GSP Scope 87 (O&M) programs. This task does not include a FOG ordinance or program, overflow emergency response plan, a detailed O&M Manual, or maintenance management system. A detailed evaluation of City O&M programs will not be conducted. An electronic version of draft Chapter 6 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan. Task 700 Assumptions • City can provide elements listed under Task 702. • This task will involve updating the chapter from the 2013 Plan. • No hard copy of the chapter will be distributed. Task 700 City Deliverables 1. Requested Data from Task 702. 2. Comments on Draft Chapter 6 — Operations and Maintenance. Task 700 Consultant Deliverables 1. Draft Chapter 6 — Operations and Maintenance. 2. ROC for Chapter 6 — Operations and Maintenance. 3. Meeting Agenda and Minutes Task 700 Meetings • Meeting No. 9-2013 Chapter Review. TASK 800— CAPITAL IMPROVEMENT PLAN This Task will summarize the recommended improvements for the conveyance system and lift stations in accordance with the City's Policy and Criteria. This task will develop Chapter 7 Capital Improvement Program for the Plan. Total project costs will be developed for each recommended improvement and ranked by priority. This task includes the following activities: TASK 800 ACTIVITIES 801. CIP Projects. Identify and describe CIP projects from prior tasks and existing City planning. Prepare a description of each project. 802. Cost Estimates. Develop planning level cost estimates for all recommended projects using costs provided in other planning efforts. Cost estimates for construction, engineering, permitting, and other contingencies will be prepared; all costs will be given in 2019 dollars. 803. Prioritization. Prioritize condition -related and capacity -related projects identified in the previous tasks for inclusion in the CIP into 10 year and long term scenarios 804. Meeting No.10 — CIP Review. Facilitate a meeting with City staff to review and verify CIP projects, costs and prioritization 805. Electronic CIP. Develop an electronic CIP tool using Excel to assist the City with future budgeting. Each project will be listed on a separate tab including project description, justification, estimated cost, and recommended year for implementation. City staff will be provided the ability to adjust indirect costs and escalation factors. A copy of the electronic CIP will be provided to City staff. Hardcopies of the project cut -sheets will be included as an appendix. The Consultant will train City staff on using the CIP Tool. DRAFT - 10/15!2019;g; 474g— Page 14 of 17 pw //Carollo/Documents/ClienUWA/Tukwila/_Proposals/Tukwila_GSP_Scope 88 806. Financial Summary. Summarize Sewer Utility financial information per WAC requirements. City to provide a discussion cost per service in terms of both debt service and operation and maintenance costs, of all existing facilities. Carollo will estimate additional costs for future facilities recommended during the planning period. This summary does not include an analysis of rates, connection charges, or methods to fund the recommended CIP. 807. Meeting No.11— Financial Review. Facilitate a meetings with City Staff to review the financial summary and update priority of CIP projects, as required. 808. Draft Chapter 7. Prepare Chapter 7 - Capital Improvements Plan, including a description of cost estimating methods, project analysis, final recommendations, summary table, and system maps with the location of recommended improvements. It is assumed the efforts in this Task will require a complete update of the Chapter with all new information. An electronic version of draft Chapter 7 will be sent to the City for review and address City comments in a comment response log for the City's approval. Comments will be incorporated in to the Chapter as part of the City Review Draft Plan. This task assumes that no hard copy of the chapter will be distributed. Task 800 Assumptions • City can provide any data requested. • This task will require a complete update of the Chapter with all new information. • No hard copy of the chapter will be distributed. Task 800 City Deliverables 1. Requested Data. 2. Comments on Chapter 7— Capital Improvement Plan. Task 800 Consultant Deliverables 1. Draft Chapter 7— Capital Improvement Plan. 2. ROC for Chapter 7 — Capital Improvement Plan. Task 800 Meetings • Meeting No. 10—Capital Improvement Plan. • Meeting No. 11— Financial Review. TASK 900 — PLAN PREPARATION This Task will include the compilation of all previous tasks. Carollo will prepare a final Comprehensive Sewer Plan that is the compilation of the chapters that have been created as a part of the project, with revisions based on feedback provided by the City throughout the project. The Comprehensive Sewer Plan will comply with WAC 173- 240-050. This task includes the following activities: TASK 900 ACTIVITIES 901. Executive Summary. Carollo will prepare an executive summary, summarizing each element of the Comprehensive Plan. 902. Prepare Staff Review Draft. Incorporate comments from draft chapters. Compile Chapters and develop Technical Appendices. Prepare review draft document for City Staff in one (1) notebook binder copies and an electronic copy. 903. Meeting No.12 — Staff Review Draft. Meet with City to discuss comments on the Staff Review draft Plan. Comments to be incorporated into SEPA/Agency Review Draft. DRAFT - 1O/15/20191O 114'-/2O:L 0 Page 15 of 17 pw://Carollo/Documentsi Client/WA/Tukwila/_Proposals/Tukwila_GSP Scope 89 904. Meeting No.13 — Council Review. Assist the City in presenting the findings of the Plan to Council. Carollo will prepare a power point summarizing the Plan's key points and attend the Council session to support City Staff. It is anticipated the Council presentation will be no longer than 30 minutes. 905. Prepare Agency Review Draft. Prepare three (3) hard copies and one electronic version for the City to distribute for agency review. This task assumes the City will lead the Agency Review process. The City will complete the SEPA review process and obtain approval during the Agency Review period. Carollo will assist City in responding to written comments by regulatory agencies, neighboring jurisdictions, and the public, including no more than three letters. No meetings are anticipated for this task. Additionally, no major plan revisions are included in the scope based on Agency Review comments. 906. Meeting No.14 — Agency Review Comments. Meet with City to discuss comments on the Agency review comments. A response to comment log will be formulated based on the meeting. 907. Prepare Final Comprehensive Sewer Plan. Incorporate final comments based on agency reviews, as requested by the City. Provide City with three (3) signed and stamped Final Comprehensive Sewer Plans and one electronic.version for the City's use. This task assumes only the documents above will be developed for the Plan approval and any other interim draft plan documents are considered out of scope. Task 900 City Deliverables 1. City Comments. 2. Public and Agency Review Comments. Task 900 Consultant Deliverables 1. Executive Summary. 2. City Draft Plan — One PDF. 3. Agency Draft Plan —Three hard copies and one PDF. 4. Final Plan —Two hard copies and one PDF. 5. Comment Response Log. Task 900 Meetings • Meeting No.12 — Staff Review Plan Review. • Meeting No. 13—Council Review • Meeting No. 14—Agency Review Comments. DRAFT - 10/15/20191 V-41-'; :L! -?_? Page 16 of 17 pw://Carollo/Documents/Client/WA/Tukwily/_Proposals/Tukwila_GSP_Scope 90 Meeting No. 1 Kick-off Meeting '(+n!NWIi1��M Meeting No. 2 2013 Chapter 1 Review Meeting No. 3 Demographic Analysis Meeting Meeting No. 4 Flow Projections and I&I Evaluations Meeting No. 5 Existing System Review Meeting No. 6 System Analysis Meeting No. 7 Operations and Maintenance Chapter Review Meeting No. 8 Capital Improvement Plan Meeting No. 9 Financial Review Meeting No. 10 Plan Review Project Management Plan All Meeting Agendas & Minutes Monthly Progress Reports (with invoices) Data Request Spreadsheet Draft and ROC for Executive Summary Draft Chapter and ROC for Chapter 1— Introduction Revision of chapter from 2013 Plan Draft Chapter and ROC for Chapter 2 — Demographic Analysis Full chapter update Draft Chapter and ROC for Chapter 3 — Flow Projections Full chapter update Hydraulic Model New Draft Chapter and ROC for Chapter 4 — Existing System Revision of chapter from 2013 Plan Draft Chapter and ROC for Chapter 5 —System Analysis Full chapter update Draft Chapter and ROC for Chapter 6 — Operations & Maintenance Revision of chapter from 2013 Plan Draft Chapter and ROC for Chapter 7—Capital Improvement Plan Full chapter update City Draft Plan Agency Draft Plan Final Draft Plan & All Electronic Files DRAFT - 1Q/"15/2Q194 14-44-1C/9 Page 17 of 17 pw://Carollo/Docurnents/Client/WA/Tuk.vila/_Proposals/Tukwila_GSP_Scope 91 92 EXHIBIT C, Cost Estimate Comprehensive Sewer System Plan TASK / DESCRIPTION PM DLR QM LRK PE AMT Staff Prof MM/JS GIS Varies WP Vanes Total Hours Corolla Labor Cost Sub Total Sub Cost Markup @ Total Cost 10% OTHER DIRECT COSTS TOTAL COST PECE Travel and Printing $12.00 Total ODC Total Labor Rate $ 176 $ 226 $ 155 $ 132 $ 137 $ 95 Task 100 - Project Management 10t Monthly Progress Reports and Invoices 28 7 14 14 63 $ 10,010 5 - $ - $ - $ - $ 756 $ 756 $ 102 Project Management Plan 2 8 4 14 $ 1,972 $ - $ - $ - $ - $ 168 $ 168 10,766 103 Meeting No. 1 - Kick-off Meeting 3 3 4 2 12 $ 1,711 $ - $ - $ - $ 50 $ 144 $ 194 5 2,140 104 Client Coordination 28 7 0 35 $ 6,510 $ - $ - $ - $ - $ 420 $ 420 $ 1.905 $ 6,930 Subtotal -Task 100 61 14 25 4 0 20 124 S 20,203 $ - S - $ - 5 50 S 1,488 $ 1,538 $ Task 200 - Introduction 21,741 201 Meeting No. 2 2013 Chapter 1 Review 3 4 2 9 $ 1,246 $ - $ - $ - $ 50 $ 108 S 158 202 Data Acquisition 1 6 4 13 $ 1,780 $ - $ - $ - $ - 5 156 $ 156 8 1,404 203 Revise Chapter 1- Introduction 1 1 6 4 14 $ 1,838 $ - $ - $ - $ - $ 168 $ 168 $ 1,936 $ Subtotal -Task 100 5 1 0 20 4 6 36 $ 4,864 $ - $ - $ - $ 50 $ 432 $ 482 2,006 $ 5,346 Task 300 - Flow Monitoring 301 Review and Update Sewer Service Area and Basins 1 1 4 4 4 14 3 2,098 $ - $ - $ - $ - $ 168 $ 168 $ 302 Identify Primary Collectors and Litt Stations 1 2 8 4 15 $ 2,090 $ - $ - $ - $ - $ 180 $ 180 2,266 5 303 Identify Flow Monitoring Locations 1 4 2 7 $ 1,070 $ - 5 - $ - S - $ 84 $ 84 2,270 304 Flow Monitoring 8 1 4 2 15 $ 2,528 $ 40,534 5 4,053 $ 44,587 $ - $ 180 $ 180 $ 1,154 $ 305 Rainfall Data Review 1 4 5 $ 683 5 - $ - $ - $ - 5 60 5 60 47,295 § 306 Flow Monitoring Data Review 2 4 15 21 $ 2,952 $ - $ - $ - $ - $ 252 $ 252 743 307 Meeting No. 3 - Flow Monitoring Review 3 3 6 12 $ 1,785 5 - $ - 5 - 3 50 $ 144 $ 194 S 3,204 308 Draft Chapter 2 - Ftow Monitonng 2 1 4 16 4 4 31 $ 4,238 $ - $ - $ - $ - $ 372 $ 372 $ 1.979 $ Subtotal -Task 200 18 3 26 53 16 4 120 $ 17,444 $ 40,534 $ 4,053 $ 44.587 $ 50 $ 1,440 $ 1,490 4,610 $ 63,621 Task 400 - Flow Projections 401 Data Acquisition 4 6 4 14 $ 2,044 $ - $ - $ - § - $ 168 $ 168 402 Update Service Area, Land Use, and Zoning 2 8 6 16 5 2,230 $ - $ - 5 - $ - 5 192 $ 192 $ 2,212 403 Demographic Projections 4 1 16 4 25 $ 3.590 $ - $ - $ - $ - $ 300 $ 300 $ 2,422 404 Design Storm 1 1 4 6 14 $ 2,078 $ - $ - $ - $ 168 $ 168 $ 3,890 405 Develop Existing Dry Weather Flows by Basin 1 1 8 24 6 40 3 5.632 $ - $ - $ - $ - 5 480 $ 480 $ 2,246 $ 406 Develop 10-year and Build -out Dry Weather Flows by Basin 1 1 8 24 8 42 $ 5,906 $ - $ - $ - $ - $ 504 $ 504 6,112 407 Create Hydraulic Model 1 2 12 40 16 71 $ 9,960 $ - $ - $ - $ - $ 852 $ 852 3 6,410 405 Meeting No. 4 - Hydraulic Model Creation 3 3 6 4 2 18 $ 2,523 $ - 5 - $ - $ 50 $ 216 5 266 $ 10,812 $ 409 Calibrate Existing Dry Weather and Wet Weather Flows 4 2 16 52 4 78 $ 11,048 $ - $ - $ - $ - $ 936 3 936 2,789 410 Meeting No. 5- Model Calibration 3 3 4 2 12 5 1,711 S - $ - $ - $ 50 $ 144 $ 194 $ 11,984 $ 411 Hydraulic Model Creation and Calibra bon TM No. 2 4 8 24 4 4 44 $ 6,040 $ - $ - $ - $ - $ 528 $ 528 1,905 412 Develop Existing, 10-year, and Build -out Wet Weather Flow 1 1 4 16 2 24 $ 3,408 5 - 5 - $ - $ - $ 288 $ 288 $ 6,568 $ 413 Reclaimed Water 6 1 12 19 $ 2,866 $ - $ - 5 - $ - $ 228 $ 228 3,696 414 Drag Chapter 3 - Flow Projections 4 2 6 24 6 4 46 $ 6,456 $ - 5 - S - $ - $ 552 $ 552 $ 3,094 $ Subtotal - Task 400 39 12 72 264 64 12 463 $ 65,492 $ - $ - $ - $ 100 $ 5,556 $ 5,656 7,008 $ 71,148 City of Tukwila October 2019 DRAFT 1 of 2 EXHIBIT C, Cost Estimate Comprehensive Sewer System Plan TASK / DESCRIPTION PM DLR OM LRK PE AMT Staff Prof MM/JS GIS Varies WP Varies Total Hours Carolto Labor Cost Sub Sub Total Cost Markup @ Total Cost 10! OTHER DIRECT COSTS TOTAL COST PECE Travel and Printing 512.00 Total ODC Total Labor Rate $ 176 $ 228 § 155 $ 132 $ 137 $ 95 Task 500 - Existing System 501 Existing Chapter Review Meeting No. 4 3 4 7 $ 1,056 $ - $ - $ - $ 50 $ 84 $ 134 $ 1,190 502 Data Acquisition 1 4 4 9 $ 1,252 S - $ - $ - $ - $ 108 $ 108 $ 1,360 503 Update Existing Sewer System t 8 4 73 $ 1,780 $ - S - $ - $ - $ 156 $ 156 $ 7,93E 504 Revise Chapter 4 - Existing System 2 1 0 8 4 4 19 $ 2,562 $ - S - $ - 3 - $ 228 $ 228 g 2,790 Subtotal -Task 400 7 1 0 24 12 4 48 S 6,650 $ - $ - $ - $ 50 $ 576 $ 626 $ 7,276 Task 600 - Conveyance System Analysis 601 Collection System Analysis 2 2 8 40 8 60 § 8,420 $ - $ - $ - $ - $ 720 $ 720 $ 9,140 802 Lift Station Capacity Analysis 2 2 24 24 8 60 $ 8,788 $ - $ - S - $ - $ 720 $ 720 $ 9,508 603 Meeting No. 7- Capacity Analysis 3 3 4 10 $ 1,521 $ - $ - $ - $ 50 $ 120 $ 170 $ 1,691 604 Draft Chapter 5- Conveyance System Analysis 2 2 8 24 4 4 44 $ 6,140 $ - 5 - 5 - S - $ 528 5 528 $ 6,668 Subtotal -Task 600 9 6 43 92 20 4 174 S 24,869 S - S - S - $ 50 $ 2,088 $ 2,138 $ 27,007 Task 700 - Operation and Maintenance 707 Meeting No. 8- OBM Chapter Review 3 4 2 9 $ 1,246 $ - $ - $ - $ 50 $ 108 $ 158 $ 1,404 702 Data Acquisition 1 2 3 $ 440 5 - $ - 5 - $ - $ 36 $ 36 $ 476 703 Collection System and Lift Station Condition and Maintenance Summary 4 16 4 24 $ 3,364 5 - 5 - $ - $ - $ 288 $ 288 $ 3,652 704 Draft Chapter 6 - Operations and Maintenance 2 1 16 4 4 27 $ 3,618 $ - 5 - $ - S - 5 324 5 324 5 3,942 Subtotal- Task 600 10 1 0 38 8 6 63 $ 8,668 $ - $ - $ - $ 50 $ 756 $ 806 $ 9,474 Task 800 - Capital Improvement Plan 801 CIP Projects with Triggers 2 1 4 16 4 27 $ 3,858 $ - $ - $ - $ - $ 324 $ 324 $ 4,182 802 Cost Estimates 2 4 8 16 4 34 $ 5,156 $ - $ - $ - $ - $ 408 $ 408 $ 5,564 803 Prioritization 2 1 4 8 4 19 $ 2,802 $ - $ - $ - S - 5 228 $ 228 $ 3,030 804 Meeting No. 9 - CIP 3 4 2 9 $ 7,246 $ - $ - $ - 5 50 5 108 $ 158 $ 1,404 805 Electronic ClP 2 24 8 34 $ 4,616 $ - S - $ - $ - 5 408 5 408 $ 5,024 806 Financial Summary 4 1 24 29 5 4,098 $ - $ - 5 - 5 - $ 348 $ 348 $ 4,446 807 Meetings No. 10- Financial Review 3 4 7 $ 1,056 5 - 5 - $ - S 50 $ 84 $ 134 $ 1,190 806 Draft and Final Chapter 7 - Capital Improvement Plan 4 2 2 24 4 4 40 $ 5,562 $ - 5 - $ - S - $ 480 $ 480 $ 6,042 Subtotal -Task 700 22 9 18 120 24 6 199 S 28,394 S - $ - $ - $ 100 $ 2,388 $ 2,488 $ 30,882 Task 900 - Plan Preparation 901 Executive Summary 6 6 12 $ 1,848 $ - $ - S - 5 - $ 144 $ 144 5 1,992 902 Prepare Staff Review Draft 8 4 4 24 4 24 68 $ 8,928 $ - $ - $ - $ 35 $ 816 $ 851 $ 9,779 903 Meeting No. 11- Staff Review Draft 3 4 2 9 $ 1,246 $ - S - 5 - $ 50 $ 108 $ 158 $ 1,404 904 Meeting No. 12 - Council Review 8 2 16 1 27 5 4,067 S - $ - $ - $ 50 $ 324 $ 374 $ 4,441 905 Prepare Agency Review Draft 12 6 4 24 8 24 78 5 10,632 5 - S - $ - 5 1,000 5 936 $ 1,936 $ 12,568 906 Meeting No. 13 -Agency Review Comments 3 4 2 9 $ 1,246 $ - $ - $ - $ 50 $ 108 $ 158 $ 1,404 907 Prepare Final Comprehensive Sewer Plan 8 8 4 12 4 24 60 $ 8,248 $ - $ - S - $ 1.050 $ 720 $ 1,720 S 9,968 Subtotal -Task 800 48 20 12 90 16 77 263 5 36,215 $ - $ - $ - $ 2,185 $ 3,156 $ 5,341 $ 41,556 Total 219 67 196 ` 705 164 13$ 1,490 S 212.799 $ 40,534 5 4,053 $ 44587 5 2,685 $ 17,380 $ 20.565 5 277,951 City of Tukwila October 2019 DRAFT 2 of2 Transportation & Infrastructure Committee Minutes October22, 2019 C. Demolition Agreement: Public Safety Plan - Public Works Shops Phase 1 Staff is seeking Council approval of Change Order No. 5 to Contract 18-001 with Lydig Construction in the amount of $73,707 for demolition of the Lifestyles landscape building and the former coffee shop building on the new Public Works shops site. Committee members decided to forward this to Committee of the Whole with no recommendation as it relates to the overall Public Works Master Plan. NO RECOMMENDATION. FORWARD TO OCTOBER 28, 2019 COMMITTEE OF THE WHOLE. D. Consultant Contract: Water & Sewer Comprehensive Plans *Staff is seeking Council approval of a contract with Carollo Engineers in the amount of $460,392.00 to update the Water and Sewer Utilities Comprehensive Plans. The Washington State Department of Health requires the update every six years and Carollo completed the last update in 2015. $560,000 was budgeted. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 4, 2019 REGULAR CONSENT AGENDA. II. MISCELLANEOUS The Transportation & Infrastructure Committee Meeting adjourned at 6:40 p.m. Committee Chair Approval Minutes by LH, Reviewed by GL 95 96 COUNCIL AGENDA SYNOPSIS Initials AleetinDate Prepared by Mayor review Council 'aim 11/04/19 JR AIM-C- ic) 4 k....., ITEM INFORMATION ITEM No. 6 & 7.A. STAFF SPONSOR: JAIMIE REAVIS ORIGINAL AGENDA DATE: 11/04/19 AGENDA ITEM TITLE Osterly Park Townwhomes Phase 2 Final Subdivision Approval. CATEGORY Discussion Mtg Date E Motion Mfg Date 11/04/19 E Resolution Mt Date [ Ordinance Mg Date E Bid Award Mg Date E Public Hearin,g. Mtg Date 11/04/19 E Other Mg Date EMayor E FIR EDCD EFinance E. Fire EITS Police PIV Ecouci SPONSOR III Council 11113e7R SP ONsoR's Request for final plat approval for Phase 2 of the Osterly Park Townhomes Plat. The SUMMARY applicant is planning to build 15 townhomes, to complete the 23-unit townhome development. A third story addition to an existing building, to add two dwelling units, is also proposed to be constructed on one of the lots in Phase 2. The City Council shall hold a hearing for Phase 2 of the project and subsequently make a decision on Phase 2. REvii, WI d) BY E C.O.W. Mtg. E Trans &Infrastructure DATE: 9/24/19 I1 CDN Comm El Finance Comm. E Public Safety Comm. Comm. Ei Planning Comm. CHAIR: QUINN Arts Comm. Il Parks COMMITTEE RECOMMENDATIONS: SpoNsoR/ADmm. Commyrrm Department of Community Development Unanimous Approval with Conditions from Planning Commission; COST IMPACT / FUND SOURCE ExprNDITuRE RI (",)JI121U) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/04/19 MTG. DATE ATTACHMENTS 11/04/19 Staff Report with Attachment A thru D PowerPoint 97 98 Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE CITY COUNCIL DEPARTMENT OF COMMUNITY DEVELOPMENT Prepared October 28, 2019 HEARING DATE: November 4, 2019 STAFF CONTACT: Jaimie Reavis, Senior Planner NOTIFICATION: © Combined Notice of Application, Notice of Hearing and on -site meeting notice posted on site and mailed to surrounding properties and agencies with jurisdiction on September 5, 2019. © Notice of Public Hearing published in the Seattle Times on October 21, 2019. FILE NUMBERS: L18-0051 Final Subdivision - Phase 2 ASSOCIATED FILES: PW19-0004, PW18-0096 Public Works Construction Permits L18-0112 Zoning Variance for Lot 24 L18-0065 Design Review Major Modification L14-0066 Final Subdivision- Phase 1 L12-005 Design Review Major Modification C09-014 Traffic Concurrency Certificate E08-022 SEPA/Environmental Review L08-079 Preliminary Subdivision (Phase 1 and Phase 2) L09-002 Rezone L08-077 Comprehensive Plan Amendment L08-076 Design Review PRE08-011 Pre -Application Meeting APPLICANT: Mike Overbeck REQUEST: Request for Final Subdivision approval for Phase 2 of the Osterly Park Townhomes. Phase 2 includes creation of 16 new unit lots from three existing tax parcels for development of 15 new townhomes and the addition of a third story with two dwelling units to the building on Lot 24. Phase 2 also includes establishment of access, utilities, and recreation tracts and easements. Phase 2 is the final phase of the Osterly Park Townhomes project, and it received Preliminary Plat approval from the Planning Commission in January 2019. Tukwila City Hall • 6200 Sou center Boulevard • Tukwila, WA 98188 • 206-433-18+ r • Website: TukA gov 99 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 2 LOCATION (Phase 2): 14412 34th Ln S (parcel #6433600090); 3401 S 144th Ln (parcel #0040000083); 14424 34th Ave S (parcel #6391110000) 6433610240 COMPREHENSIVE PLAN DESIGNATION/ ZONING DISTRICTS: SEPA COMPLIANCE: PUBLIC COMMENTS: High Density Residential (HDR) The City of Tukwila, as the lead agency for this project, issued a Determination of Non -Significance for this project on October 28, 2009. No comments were received during the Notice of Application for the Final Subdivision application. A public information meeting was held on the project site on September 11, 2019 pursuant to the requirements of TMC 18.108.050, A., and there were no members of the public in attendance at the meeting. An additional information meeting was requested by Phase 1 owners and was held on October 23, 2019. RECOMMENDATIONS: Staff recommends approval of the Final Subdivision application. ATTACHMENTS: A. Subdivision Preliminary Approval Notice of Decision. The entire packet with staff report and attachments can be accessed here: Staff Report to Planning Commission 1-24-2019 B. Final Plat Survey C. Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes D. As -Built Plans: Valley View Sewer, Water District 125 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 100 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 3 FINDINGS PROJECT DESCRIPTION Mr. Mike Overbeck is requesting final plat approval for the second and final phase of the Osterly Park Townhomes. Phase 2 proposes to subdivide three existing parcels into 16 unit lots, with tracts and easements for ingress, egress, utilities, and recreation spaces. Development in Phase 2 includes 15 new townhomes, a third story addition of two dwelling units to the building on Lot 24, a recreation space with play equipment for children, frontage improvements on 34th Ave S, completion of the L- shaped access road providing a through -connection from S 144th St to 34th Ave S, and associated landscaping, utilities, and street lighting. This project has involved several land use permits over the past 10+ years, including a rezone and Comprehensive Plan Amendment for one of the existing parcels making up the project site, SEPA environmental review, design review, preliminary subdivision approvals, major modifications to the design reviews, and a variance. A table summarizing the public outreach that has been conducted for this project is included on the next page of this report. The Osterly Park Townhomes was the first townhouse project to receive Planning Commission approval following the March 2008 adoption of Ordinance 2199 by the Tukwila City Council. Ordinance 2199 allows development of zero lot line and fee simple townhouses. A townhome is a type of residential development in which individual dwelling units are attached along at least one common wall to at least one other dwelling unit. Each townhouse occupies space from the ground to the roof and has direct access to private open space. Similar to a detached single-family home, townhomes are most often developed and sold to include the structure and the land on which it is located. The land on which an individual townhome is located is called a unit lot. A unit lot is part of a larger parent lot, to which the standards of the underlying zoning district are applied, including minimum lot area, lot area per unit, setbacks, and perimeter landscaping. Phase 1 The original project approved by the Planning Commission in November 2009 included an approximately 1.7-acre site with 31 townhouse units along with required landscaping, guest parking, utilities, access, recreation areas, and frontage improvements. The Planning Commission subsequently approved a Phasing Plan and a Design Review Major Modification for the project in 2012 to allow construction of the project in two phases. Phase 1 included construction of eight townhomes, private access lane and utilities to serve the first eight townhomes, and a temporary recreation space. Phase 1 received Final Subdivision Approval from the Tukwila City Council in 2016, after which the plat map and Codes, Covenants and Restrictions (CC&Rs) for Phase 1 were recorded, and the first eight townhomes were constructed. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 101 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 4 Phase 2 The applicant applied for a Design Review Major Modification to the original design review in July 2018 to change the design, reducing the total area of the development and reconfiguring the unit lots, access, and recreation spaces. The number of townhomes in Phase 2 was reduced from 23 townhomes as originally approved, down to 15 townhomes. The Design Review Major Modification, updated Subdivision Preliminary Approval for Phase 2, and a Variance and Design Review to add a third story to the building on Lot 24 were approved by the Tukwila Planning Commission in January 2019. Public Outreach Date Permit Numbers Type (mailing, posted notice, meeting) Comments 3/27/2009 L08-079 (Preliminary Plat), L08-076 (Design Review), E08-022 (SEPA/Environmental Review) Notice of Application: site posted, notification mailing. Written response from Manager of Valley View Sewer District Dana Dick to inform City and applicant of permitting requirements. 10/27/2009 L08-079, L08-076 Notice of Public Hearing: site posted, notification mailing including party of record. None 10/29/2009 L08-079, L08-076 Notice of Public Hearing published in Seattle Times. None 2/14/2012 L08-079, L12-005 (Major Modification to the Design Review) Notice of Application: site posted, notification mailing including party of record. None 3/8/2012 L08-079, L12-005 Notice of Public Hearing published in the Seattle Times, site posted, notification mailing including party of record. None 4/9/2015 L14-0066 (Final Plat) Combined Notice of Application and notice of on -site public meeting posted and mailed. None 4/16/2015 L14-0066 On -site public meeting 3 nearby residents attended, asking questions about project timeline and the cost of the new homes. 12/26/2018 1/10/2019 1/24/2019 L18-0065, L18-0012 Notice of Application; Notice of Public Hearing: site posted, notification mailing, public information meeting, two Planning Commission Public One written comment received. Several homeowners for Phase 1 attended and provided Phone: 206-433-]1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 102 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 5 Hearings (10/24/2018 and 1/24/2019). testimony at the 10/24/2018 Public Hearing. 9/5/2019 L18-0051 Combined Notice of No written comments 9/11/2019 Application, notice of on -site received. A second public 10/23/2019 public information meeting, and Notice of Hearing posted and mailed. information meeting was requested by the homeowners of Phase 1 and held on 10/23/2019 after there was no one in attendance at the first public information meeting. VICINITY/SITE DESCRIPTION Site Description The project site is located between Tukwila International Blvd and Military Rd S, near the southeastern corner of S 144th St and 34th Ave S. Phase 2 of the project is made up of three existing tax parcels: two of the parcels are vacant, and one is developed with a 4-plex condominium building located at 14424 34th Ave S. Existing Development Phase 1 included eight new townhomes on individual unit lots, a shared recreation space, and an access and utilities tract. Mr. Overbeck has constructed one of the two -unit townhouse buildings included in Phase 2, as allowed within the HDR zone and in conformance with the approved design review received by the Planning Commission. Mr. Overbeck's plan is to sell these units as soon as his final subdivision plat is recorded with King County. Utilities, sidewalk, and the first lift of asphalt pavement have been constructed as part of the Public Works Permit for Phase 2. as aff mini Itisoiuu a wii l oaiwial sl oouui p IYI�IJ) y�y� �," kiU n0111111000punci Surrounding Land Uses The Osterly Park Townhouse development site is located within the High Density Residential (HDR) zoning district, which allows for up to 22 dwelling units per net acre. The HDR zone is intended to provide a high -density, multiple -family district which is also compatible with commercial and office Phone: 206-433-1800 • Ernail:1aiyor@TukwilaWA.gov • Website: TukwilaWA.gov 103 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 6 areas. Surrounding areas are zoned for multifamily development (MDR, HDR) or mixed -use residential and commercial development (NCC). The site is within walking distance to many neighborhood destinations, including grocery stores, schools, and parks. Topography The area where the townhomes will be constructed is relatively flat. However, there is a drop down from the townhouse development area to the parking lot of Lot 24, on which the 4-plex condominium building is located. Access to Lot 24 and the other 4-plex properties located at 14420 and 14422 34' Ave S is from a separate driveway off 34' Ave S. The grade of this access driveway slopes down from 34th Ave S to a low point on Lot 24, which sits three to five feet below the grade elevation of the townhomes. A retaining wall with a 6-foot tall wooden fence has recently been constructed by Mr. Overbeck on the north side of S 144' Lane. This fence separates the townhouse development from the 4-plex properties located at 14420 and 14422 34th Ave S, as well as separating Lot 24 from the rest of the development. Stairs proposed on the east and north sides of Lot 24 are to connect residents of Lot 24 to the shared parking and recreation spaces within the rest of the plat. Access There will be two access points to the Osterly Park Townhomes from public streets for vehicular and pedestrian traffic. These include driveways and sidewalk connections off 34' Ave S and S 144' Street. Vehicular access to the condominium building on Lot 24 will remain via a separate driveway off 34th Ave S which provides access to all three buildings located at 14420-14424 34th Ave S. Pedestrian access to the Osterly Park Townhomes private access road, the shared recreation space, and two parking spaces will be available to the residents of Lot 24 via stairs with gate entries through the wooden fence on the north and east sides of the property. SUBDIVISION REVIEW PROCESS Preliminary Approval Any land being divided into ten or more lots, unit lots, or tracts is subject to subdivision review. Subdivisions require preliminary plat approval by the Hearing Examiner. For projects also involving a design review application, review and hearings for both applications are combined and done by the Planning Commission. During preliminary approval, the BAR reviews project plans (1) to determine the project's consistency with the Tukwila Comprehensive Plan and other City -adopted plans, zoning and subdivision requirements, and state laws; (2) to ensure the subdivision includes appropriate provisions for utilities and road improvements; (3) to determine the project's compatibility with the area in which it is located; and (4) to ensure appropriate provisions have been made for dedications, easements, reservations, and maintenance of privately owned common facilities. After preliminary plat approval, access and utilities for the project are built and the applicant demonstrates how other conditions of the preliminary plat approval have been met in preparation for final plat approval. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 104 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 7 Final Approval The decision on a final plat is made by the City Council. The final plat approval is granted by a City Council motion following a public hearing. The motion adopts findings of fact based on a review of the project's conformance with TMC 17.14 (Detailed Procedures for Subdivisions) and Washington State subdivision regulations (RCW 58.17). The Mayor and City Clerk sign the final plat after City Council approval, after which the applicant records the final plat with the King County Recorder's Office. Below is a summary each of the steps required in the final plat approval process for a subdivision, including application requirements, review procedures, and decision criteria. A. APPLICATION: The following table includes a list of items required to be submitted for a complete application for final plat approval. Item Submitted? 1. Completed Application Form and fee as identified in TMC Chapter 18.88. X 2. Completed Application Checklist. X 3. Copies and one original of the final plat survey in conformance with the standards set forth in TMC 17.04.060. X (Attachment B) 4. A plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45 calendar days prior to the date of filing the application for final plat approval. X 5. Private covenants intended to be recorded with the plat. X (Attachment C) 6. Any documentation necessary to demonstrate conditions of preliminary plat approval have been met. X 7. King County Assessor's maps which shows the location of each property within 500 feet of the subdivision; two sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subdivision. X 8. Maintenance agreements, easements and other documents ready for recording. X 9. Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health Department, City of Tukwila Finance Director, Owner's affidavit and certificate of dedication as identified in TMC 17.04.060(1). X — Signature from the Seattle -King County Health Department not required since project does not include a septic system. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 105 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 8 B. FINAL PLAT REVIEW PROCEDURES: Applications for final plat approval shall be processed as a Type 5 decision subject to the provisions of TMC 18.108.050. Below each of the procedures is listed in italics, followed by information on what occurred during each procedure during review of this application. 1. Referral to Other Departments and Agencies - The Department of Community Development shall distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. The final plat was distributed for review by the Fire Department, the Public Works Department, and the Building and Planning divisions within the Department of Community Development. Additionally, the Finance Department reviewed the project for delinquent special assessments. 2. Departmental Approval - The Public Works Department and other interested departments and agencies shall review the final plat and submit to the Department of Community Development written comments with respect to the final plat decision criteria. If the final plat is in order, the Public Works Director shall sign the appropriate certificates on the mylar original. The Fire Department, Public Works Department, and the Building and Planning Divisions reviewed the final plat and have provided written comments and approval. The Public Works Director has signed Sheet 1 of 6 of the plat. Additionally, managers from Valley View Sewer District and Water District #125 provided written approval and as -built plans for Phase 2 of the plat. a. Before the final plat is submitted to the City Council, it shall be signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of the Department of Community Development. Upon approval by the City Council, it shall be signed by the Mayor and attested by the City Clerk. Sheet 1of 6 of the subdivision plat has been signed by the Tukwila Public Works Director and the Director of the Department of Community Development. One of the parcels proposed to be subdivided has three outstanding liens, one of which is from the City of Tukwila. The applicant has paid off the lien from Tukwila and it is in the process of being released. The other two liens on the property are from King County. These liens shall be released prior to the Finance Director's signature on the plat and referral of the plat to the Mayor and City Clerk for signature. b. The applicant shall file the final plat with the Department of Records and Elections. The plat will be considered complete when a copy of the recorded documents is returned to the Department of Community Development. Upon City Council approval of the final subdivision plat for Phase 2 and signature of the plat map by the Mayor and City Clerk, the applicant will file the final plat with the Department of Records and Elections. A copy of the recorded plat for Phase 2 will need to be returned to DCD in order to close out the permit in the City's permit tracking system. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 106 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 9 C. CRITERIA FOR FINAL PLAT APPROVAL: In approving the final plat, the City Council shall find the project meets the criteria contained in TMC 17.14.030, C. Each of the criteria are included below, followed by a discussion of project consistency. 1. That the proposed final plat bears the required certificates and statements of approval. The final plat has been reviewed for conformance with the survey content requirements of TMC 17.04.060 and the state requirements of Washington Administrative Code (WAC) section 332-130- 050 (survey map requirements). Certificates for the Recorder, Land Surveyor, Tukwila Treasurer (Finance Director), and King County Treasurer are all located on Sheet 1 of 6 of the final plat. Signature blocks for the owners, Public Works Director, DCD Director, Mayor, and City Clerk are also located on Sheet 1 of 6. The project does not include any dedications of property to the City. Easement and maintenance agreements have either been recorded as indicated on Sheets 4, 5, and 6 of the final plat or will be recorded as part of the final plat. The applicant has submitted the Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes, which are referenced on the plat with spaces to be filled in with the recording number that will be assigned to the CC&Rs at the time of recording. 2. That a title insurance report furnished by the subdivider confirms the title of the land, and the proposed subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. The applicant has provided title reports and deeds to demonstrate how the land in the proposed subdivision is vested in the name of the owners who signatures are on the plat. 3. That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. Facilities and improvements required and constructed for Phase 2 as part of the Public Works permit (PW18-0096 and PW19-0004) for the Osterly Park Townhomes included the following: private road including curbs and sidewalks, sanitary sewer system, water service including water lines and fire hydrants, electrical and gas service, and a storm drainage system. The Public Works permit received its final inspection and as -built plans for sewer, water, and gas were submitted by the applicant. Curb, gutter, and 5-foot sidewalk along 34' Ave S have been constructed and the applicant will be providing documents to turn over the above to the City of Tukwila for ownership and maintenance. A performance bond has been submitted to the City for completion of the final pavement for the access road (Tract D), the improvements and equipment necessary to construct the recreation spaces, and completion of work under review by Seattle City Light. These bonded improvements, along with landscaping for the project, are proposed to be inspected as part of the construction permits for the new townhomes in Phase 2. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 107 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 10 4. That the plat is certified as accurate by the land surveyor responsible for the plat. Sheet 1 of 6 includes the Land Surveyor's Certificate stating that the information shown on the plat is correct. Each sheet of the plat includes the surveyor's stamp and signature. 5. That the plat is in conformance with the approved preliminary plat. In the table below, the conditions of approval applicable to Phase 2 of the plat are listed on the left column. Notes on how the project has met each condition, or how staff expects each condition will be met as part of construction permits after the final plat is recorded are included in the right column. Condition Notes on Conformance (Public Works Permit) All utilities for the project, private access road and sidewalks, and recreation areas (including children's play equipment), shall be completed and built per the approved Civil Plans as part of the Public Works construction permit. As -built plans for the sewer system and water system have been provided by the applicant (see Attachment D). A bond has been submitted for completion of the electrical work, finished access road, and recreation areas. The applicant has requested the bond in order to delay these improvements until enough construction of new townhomes occurs that they are no longer at risk of being damaged during construction. The applicant shall obtain an NPDES construction permit for this project. Met A streetlight mast arm shall be added to the existing wooden pole. This improvement has been bonded and is proposed to be completed during construction of the townhome units due to delays from Seattle City Light. Overhead utilities along 34th Ave S shall be moved underground, unless the applicant applies for and obtains a waiver from this requirement from the Public Works Director. The applicant shall submit an estimate for work to underground these utilities with the waiver request. Met Storm drainage for roof drains, foundation drains, and paved areas shall be infiltrated and/or dispersed on -site, or detention provided. Civil site plans shall be reviewed as part of the PW infrastructure permit. Contact Met. An agreement between Mr. Overbeck is being required by the City of Tukwila in order to address ongoing drainage issues on Lot 24. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 108 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 11 the Tukwila Public Works Department for submittal and design requirements. Access road, utilities, undergrounding of power, and extension of sewer and water lines to the unit lots shall be approved by the appropriate departments and/or utility and conform to the Civil Plans. As -built plans shall be provided to the Public Works Department prior to final approval. The Public Works construction permit has received final approval. As -built plans for the sewer system and water system have been provided by the applicant (see Attachment D). A bond has been submitted for completion of the electrical work, finished access road, recreation areas, and landscaping. The applicant has requested the bond in order to delay these improvements until enough construction of new townhomes occurs that they are no longer at risk of being damaged during construction. Install all required site improvements, including those proposed in the application and those identified above as conditions of approval. You will need to obtain all required permits prior to beginning any construction. For water and sewer permits, contact the individual provider District. For City of Tukwila utilities, contact Tukwila Public Works at (206) 433-0179 for a Public Works (PW) type 'C' permit for approval. A Street Use will be part of this permit and require bonding, insurance, and a Hold Harmless Agreement for work within the Public Right -of -Way. Met Fire Department access road shall be designed to support the weight of Fire Department apparatus. Submitted plans do not show tanks within the access road. If there are any underground tanks within the access road, they need to support aerial point loading, or the ground needs to be clearly stenciled with "No Outrigger Placement". There are no underground tanks/vaults within the access road for Phase 2 of the project. Maintain inside turning radius of 28 feet for Fire Department access road and clearly mark "no parking" with signs and paint, from 34th Ave S to S 144th St. The Fire Department access road has received a final inspection by the Tukwila Fire Department as part of the Public Works construction permit. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 109 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 12 Maintain 20-foot width for the entire Fire Department Access road and clearly mark "no parking" with signs and paint, from 34th Ave S to S 144th St. The Fire Department access road has received a final inspection by the Tukwila Fire Department as part of the Public Works construction permit. No obstructions under 13'6" shall be located within the Fire Department Access road. There are no low-level obstructions within the access road. No parking shall be located in the entire 20- foot area of the Fire Department Access road to Lot 24. This area shall be marked with "no parking" signs and paint. The Fire Department access road has received a final inspection by the Tukwila Fire Department as part of the Public Works construction permit. The hydrant shown north of Lot 16 shall be moved to the landscape island north of Lot 21. Provide protection from vehicular damage and install per the Tukwila Municipal Code. A 4' wide gate for fire access shall be installed on the north side of this hydrant within the fence separating the Osterly Park Townhomes site from the driveway to 14420-14424 34th Ave S. It has since been determined and verified with water district 125 that hydrant coverage is adequate at the location at which the hydrant was installed, so the hydrant does not need to be relocated and the gate is not needed. Hydrant spacing shall be maintained per TMC 14.24. The Public Works construction permit for Phase 2, including installation of a new fire hydrant, has received final inspection by the Tukwila Fire Department. The mailbox location to serve Phase 2 shall be approved by the Postmaster and Public Works. Met A private street sign will be required for S 144th Ln. Met (Final Subdivision Approval) Survey and "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes" shall be revised to reference the latest BAR approval, and to include joint maintenance agreements for access road, utilities, retaining walls, fire lane, and landscaping areas. Easements and the amended codes, covenants, and restrictions shall be recorded prior to final subdivision approval. The amended codes, covenants, and restrictions are proposed to be recorded at the same time as the final plat map for Phase 2 of Osterly Park Townhomes is recorded. Easements applicable to Phase 2 are either already recorded or are shown on the final plat map and will be recorded with the final plat for Phase 2 of the Osterly Park Townhomes. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 110 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 13 Submit a set of recording documents in either legal or record of survey format that meet the King County Recorder's requirements and contain the following items: a) A survey map as described in the application checklist that is consistent with all the conditions of approval. The surveyor's original signature must be on the face of the plat. b) Separate easement document with legal descriptions for any common access/utility infrastructure. c) Separate joint Maintenance Agreements for the access road, drainage system, landscaping areas, retaining walls, fire lane, and recreation spaces. d) Add Tukwila land use file number L08-079 for the subdivision application to all sheets of the survey. e) Add "After" legal description to the survey sheets for the boundaries of the new subdivision. Also add legal descriptions for each of the tracts. f) The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat. A note stating that all homes require sprinklers shall be added to the plat map. g) Attachment B contains the Final Plat Survey for Phase 2 of the Osterly Park Townhomes. The Final Plat Survey and associated "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes) in Attachment C address these items. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 111 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 14 h) The following assigned addresses and private street names shall be added to the plat map. The recorded document showing these addresses shall be returned to the Fire Marshall's Office with parcel numbers. S 144th LN: • 3401 Lot #23 • 3403 Lot #22 • 3407 Lot #21 • 3411 Lot #20 • 3415 Lot #19 • 3419 Lot #18 • 3423 Lot #17 • 3427 Lot #16 34th LN S: • 14418 Lot #15 • 14420 Lot #14 • 14422 Lot #13 • 14416 Lot #12 • 14414 Lot #11 • 14412 Lot #10 • 14410 Lot # 9 6. That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. Staff has reviewed the project to determine that it meets the applicable provisions of Chapter 58.17 of the Revised Code of Washington (RCW), and other applicable state and local laws in effect at the time of preliminary plat approval. The preliminary plat was reviewed and approved with conditions at a public hearing held the by the Tukwila Planning Commission in January 2019, prior to which required public notifications and information meetings were provided. The survey of the subdivision plat has been reviewed to ensure it includes the required certifications, and it has been signed by the Public Works and Community Development Directors. Conditions required by the preliminary plat, including construction of access and utilities, have either been completed or their completion is assured through submittal of security bonds for their future construction. CONCLUSIONS 1. The applicant has submitted the required materials for review of the proposed final subdivision plat for Phase 2 of the Osterly Park Townhomes. 2. The final plat was distributed for review by the Fire Department, the Public Works Department, and the Building and Planning divisions within the Department of Community Development. One of the parcels proposed to be subdivided has three outstanding liens, one of which is from the City of Tukwila. The applicant has paid off the lien from Tukwila and is in the process of being released. The other two liens on the property are from King County. These liens shall be released prior to the Finance Director's signature on the plat and referral of the plat to the Mayor and City Clerk for signature. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 112 L18-0051 Final Subdivision Plat — Osterly Park Townhomes Phase 2 October 28, 2019 Page 15 3. The Fire Department, Public Works Department, and the Building and Planning Divisions reviewed the final plat and have provided written comments and approval. The Public Works Director has signed Sheet 1 of 6 of the plat. Additionally, managers from Valley View Sewer District and Water District #125 provided written approval and as -built plans for Phase 2 of the plat. 4. The proposed final plat bears the required certificates and statements of approval, and has been signed by the Director of Public Works, and the Director of the Department of Community Development. The certificate for the Tukwila Finance Director signature can be signed once existing liens on the property have been released. The final plat will not be referred to the Mayor or City Clerk until these liens have been released and the final plat certificate is signed by the Tukwila Finance Director. 5. The facilities required to be provided by the applicant have either been constructed, have been included in the bond. Landscaping for the Phase 2 will be required to be installed as part of building permits for the new townhomes. 6. The plat is in conformance with the latest preliminary subdivision approval issued in January 2019 and is in conformance with state and local laws in effect at the time of the preliminary plat approval. RECOMMENDATIONS Approval of the Final Subdivision application. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 113 114 ATTACHMENT A Afan Ejkberg, Ma yor w;mIiMur INWA IMINERMOMMNiNINI PonINWOMMIuuMmr . MOMMaS umuwwwwawww rwu ami rrv rr. Department of Community Development - Jack Pace. Director January 29, 2019 NOTICE OF DECISION TO: Mike Overbeck, Applicant and Owner Julia Overbeck, Owner Menstab Tzegai, Owner 144th St REO Partners LLC, Owner Allison and Tyler Long, Owner Jennifer and Melvin Jones, Owner Ashok and Senev Bandaranayake, Owner Joshua Deming, Owner Kalanchi Abraham, Owner Genet Desta and Debebe Lerego, Owner Steven Mendoza, Owner Shelani Marisa Vanniasinkam, Owner King County Assessor, Accounting Division Washington State Department of Ecology Water District #125 Valley View Sewer District This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L08-079 Applicant: Mike Overbeck Type of Permit Applied for: Subdivision Preliminary Plat Project Description: Request for a new Subdivision Preliminary Plat approval for Phase 2 of the Osterly Park Townhomes, including 15 new unit lots on which townhomes will be constructed, an existing lot on which a third story addition is proposed, and recreation spaces, access, guest parking, landscaping, and utilities. Location: 14424 34th Ave S (parcel #6391110000) 6433610240 14426 34th Ave S (parcel #0040000083) 14401-14420 34th Lane S Parcel #s 6433600090 and 6433600110 6300 Southrenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 115 Associated Files: L18-0112 (Variance); L18-0065 (Design Review Major Modification); PW18-0096 (Public Works Construction Permit); D18-0024 (Retaining Wall) Comprehensive Plan Designation/Zoning District: High Density Residential (HDR) II. DECISION SEPA Determination: The City SEPA Responsible Official has determined that the project, as proposed, does not create a probable significant environmental impact and issued a Determination of Non -Significance (DNS). Decision on Substantive Permit: The City Board of Architectural Review/Planning Commission has determined that the application for a Subdivsion Premliminary Plat does comply with applicable City and state code requirements and has approved that application based on the findings and conclusions contained in the staff report, subject to the following conditions: The following shall be addressed as part of the Public Works Construction Permit: 1. All utilities for the project, private access road and sidewalks, and recreation areas (including children's play equipment), shall be completed and built per the approved Civil Plans (Attachment D) as part of the Public Works construction permit. 2. The applicant shall obtain an NPDES construction permit for this project. 3. A street light mast arm shall be added to the existing wooden pole. 4. Overhead utilities along 34th Ave S shall be moved underground, unless the applicant applies for and obtains a waiver from this requirement from the Public Works Director. The applicant shall submit an estimate for work to underground these utilities with the waiver request. 5. Storm drainage for roof drains, foundation drains, and paved areas shall be infiltrated and/or dispersed on -site, or detention provided. Civil site plans shall be reviewed as part of the PW infrastructure permit. Contact the Tukwila Public Works Department for submittal and design requirements. 6. Access road, utilities, undergrounding of power, and extension of sewer and water lines to the unit lots shall be approved by the appropriate departments and/or utility and conform to the Civil Plans. As -built plans shall be provided to the Public Works Department prior to final approval. 7. Install all required site improvements, including those proposed in the application and those identified above as conditions of approval. You will need to obtain all required permits prior to beginning any construction. For water and sewer permits, contact the individual provider District. For City of Tukwila utilities, contact Tukwila Public Works at (206) 433-0179 for a Public Works (PW) type 'C' permit for approval. A Street Use will be part of this permit and require bonding, insurance, and a Hold Harmless Agreement for work within the Public Right -of -Way. 8. Fire Department access road shall be designed to support the weight of Fire Department apparatus. Submitted plans do not show tanks within the access road. If there are any underground tanks within the access road, they need to support aerial point loading, or the ground needs to be clearly stenciled with "No Outrigger Placement". Type 4 Permit (except shoreline CUP) JR Page 2 of 5 1/28/2019 2:32:00 PM https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Current Planning/Osterly Park Townhomes/Notice of Decision/NOD_L08-079_PreliminarySubdivision_OsterlyPark.doc 116 9. Maintain inside turning radius of 28 feet for Fire Department access road and clearly mark "no parking" with signs and paint, from 34th Ave S to S 144th St. 10. Maintain 20-foot width for the entire Fire Department Access road and clearly mark "no parking" with signs and paint, from 34th Ave S to S 144th St. 11. No obstructions under 13'6" shall be located within the Fire Department Access road. 12. No parking shall be located in the entire 20-foot area of the Fire Department Access road to Lot 24. This area shall be marked with "no parking" signs and paint. 13. The hydrant shown north of Lot 16 shall be moved to the landscape island north of Lot 21, Provide protection from vehicular damage and install per the Tukwila Municipal Code. A 4' wide gate for fire access shall be installed on the north side of this hydrant within the fence separating the Osterly Park Townhomes site from the driveway to 14420-14424 34th Ave S. 14. Hydrant spacing shall be maintained per TMC 14.24. 15. The mailbox location to serve Phase 2 shall be approved by the Postmaster and Public Works. 16. A private street sign will be required for S 144th Ln. The following shall be addressed prior to final approval of the subdivision plat: 1. Survey and "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for Osterly Park Townhomes" shall be revised to reference the latest BAR approval, and to include joint maintenance agreements for access road, utilities, retaining walls, fire lane, and landscaping areas. Easements and the amended codes, covenants, and restrictions shall be recorded prior to final subdivision approval. 2. Submit a set of recording documents in either legal or record of survey format that meet the King County Recorder's requirements and contain the following items: a) A survey map as described in the application checklist that is consistent with all the conditions of approval. The surveyor's original signature must be on the face of the plat. b) Separate easement document with legal descriptions for any common access/utility infrastructure. c) Separate joint Maintenance Agreements for the access road, drainage system, landscaping areas, retaining walls, fire lane, and recreation spaces. d) Add Tukwila land use file number L08-079 for the subdivision application to all sheets of the survey. e) Add "After" legal description to the survey sheets for the boundaries of the new subdivision. Also add legal descriptions for each of the tracts. f) The fact that the unit lot is not a separate buildable lot, and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot, shall be noted on the plat. g) A note stating that all homes require sprinklers shall be added to the plat map. h) The following assigned addresses and private street names shall be added to the plat map. The recorded document showing these addresses shall be returned to the Fire Marshall's Office with parcel numbers. Type 4 Permit (except shoreline CUP) JR Page 3 of 5 1/28/2019 2:32:00 PM https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Current Planning/Osterly Park Townhomes/Notice of DecisionNOD_L08-079_PreliminarySubdivision_OsterlyPark.doc 117 S 144th LN: • 3401 Lot #23 • 3403 Lot #22 • 3407 Lot #21 • 3411 Lot #20 • 3415 Lot #19 • 3419 Lot #18 • 3423 Lot #17 • 3427 Lot #16 34th LN 5: • 14418 Lot #15 • 14420 Lot #14 • 14422 Lot #13 • 14416 Lot #12 • 14414 Lot #11 • 14412 Lot #10 • 14410 Lot # 9 The following shall be addressed as part of the Building Permits: 1. Transportation, Parks, and Fire impact fees will apply to the future Building Permit(s). 2. Water to all buildings will be required to meet fire flow requirements per the International Fire Code. 3. Bedrooms require rescue windows with ladder access, with a flat 12' deep by 4' wide area. 4. All townhomes require fire sprinklers. 5. Lot 24 will require fire sprinklers and a fire alarm system. This shall be installed per TMC 16.40 and TMC 16.42. 6. Lot 24 will retain the original addresses but addresses of new units will be assigned when the building permit showing layout of the new units is submitted. 7. Per the Building Division, where the building on Lot 24 does not meet a five-foot minimum setback, that entire wall from foundation to the roof and extending 10 feet on the roof shall have a 3-hour separation, or a 2-hour separation if sprinkled. There shall be no openings on that side (i.e., windows, ducts or similar). Engineering for the entire building shall be required for the additional construction of the third floor. 8. Water and sewer availability letters are required for the new units on Lot 24. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 4 decision pursuant to Tukwila Municipal Code 18.104.010. Other land use applications related to this project may still be pending. One administrative appeal to the Hearing Examiner of the Board of Architectural Review/Planning Commission Decision is permitted. No administrative appeal of a DNS or an EIS is permitted. If an MDNS was issued, any person wishing to challenge either the conditions which were imposed by the MDNS decision or the failure of the Department to impose additional conditions in the MDNS must raise such issues as part of the appeal. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Board of Architectural Review/Planning Commission decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, that is by February 12, 2019. Type 4 Permit (except shoreline CUP) JR Page 4 of 5 1/28/2019 2:32:00 PM https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Cuirent Planning/Osterly Park Townhomes/Notice of Decision/NOD_L08-079_PreliminarySubdivision_OsterlyPark.doc 118 The requirements for such appeals are set forth in Tukwila Municipal Code18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition, all hearing examiner costs will be passed through to the appellant. V. APPEAL HEARINGS PROCESS The Hearing Examiner appeal shall be conducted as a closed record hearing based on the testimony and documentary evidence presented at the open record hearing conducted by the Board of Architectural Review/Planning Commission. The Hearing Examiner decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing Examiner decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Jaimie Reavis, who may be contacted at 206-431-3659 or Jaimie.Reavis@TukwilaWA.gov for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. ' Dertment of Community Development Citi of Tukwila Type 4 Permit (except shoreline CUP) JR Page 5 of 5 1/28/2019 2:32:00 PM https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Current Planning/Osterly Park Townhomes/Notice of Dec ision/NOD_L08-079_Prel i minaryS ubdivi sion_OsterlyPark. doc 119 120 CITY OF TUKWI FILE NO. L08-079 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwla, WA ' Telephone (206) 431-3670 FAX (206) 431-3665 DEDICATION City of Tukwila Plat of Osterly Park Tawnhomas (Pig Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Rang KNOW ALL PEOPLE BY THESE PRESENTS, THAT WE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SUBDIVISION THEREOF PURSUANT TO RCW 58.17,16 THE UNDER SIGNED FURTHER DECLARE THIS PLAT T. BE THE GRAPHIC REPRESENTATION OF SAID SUBDIVISION AND THE SAME IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S).. KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE AND LIEN HOLDERS OF THE LAND HEREBY PLATTED, DECLARE, DEDICATE ALLTRACTS AND EASEMENTS, TO • HE PERSON(S) DR ENTITY(S) IDENTIFIED AND FOR THE PURPOSE STATED IN THE covENANEs, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER TNESS WE HAVE SET OUR HANDS AND SEALS THIS t- DAY OF REO PARTNERS, LTC, A NEW MEX,Co LIMITED L.ABLELTY COMPANY A STATE OF A. N i ON COUNT" O_= ) CERTIFY THAT I KNOW OR l-AVE SATISFACTORY EVIDENCE THAT .j,-" SIGNED THIS INSTRUMENT AND ACKND'W, EDDED IT T C BE (HISIH` ) FREE AND VOLUNTARY ACT FOR THE USES,ANW I1SES MEN IONFD IN THE INSTRUMENT, SIGNATURE OF NOTARY PLHHLIC PR:NTE - NAME DATED Y APPO NHPN" EXPIRET ACKNO STATE OF WASHINGTON COUNTY OF CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT, SIGNATURE O= NOTARY PUBLIC P-RNT D NAME EXISTING DESCRIPTIONS (REFERNECT NEXTITLE ORDER O NX A 0-285250, DATED MARCH 12, 2016 AT 8: DO AM) PARCEL A: TAX LOT CDA000083 THE SOUTH HALF OF LOT 3, BLOCK 2, ADAM'S HOME TRACTS, ACCORD[NC TO THE PLAT THEREOF RECORDED IN OLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON, SITUATE IN THT COUNTY OF KING, STATE OF WASHINGTON PARCEL B TAX LOT 4-336 ^OO8O LOT 9 OF OSTERLY :ARK TO EHOMES (PHASE ONE), AS PER THE PLAT RECORDED N VOLUME 272 OF PLATS, PAGE 59 THRt LOH 62, RECORDS OF KING COUNTY AUDITOR: SITUATE TE IN THE COUNTY OF KING, STATE OF WASHIN TON. .:• : 7 Lot c jyffi. - ,5 a.= t' ,J A , 5 77-77 44 7445 7442- 3;474:774445757 =,7;s- tq Cott 6 . ,, £,' F4454"' -F fly 17 - s A.. 4'' 47 ot,€: •rc _, >sT.k-` - 7+ fig tr' s- ▪ t v r l c-7- € .s o,,,7r 75, ,'.:time' PH'-'-'----- $0r02€'A7' +W777fWCr'-ft€ 5 - ,-,,,;-0 afr z : c . c'-, .7 e. - 7 r' --. K75'6 f74 g-r.- t },5 ,z z..g E 4, ACKNO STATE OF WASHINGTON COUNTY OF CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENisO ED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED lgtY ;AFC°NTF,i5NT =XP'RES CITY OF TUKWILA FILE NO. 08-079 City of Tukwila Plat of Osterly Park Townhomes (P Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Rar of Tukwila Fpanment of Community Bevelapment 5380 Southcenter Boulevard, Tukwila, A " Telephone (205) 431=3670 FAX (206) 431-3665 DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS,THAT VE, THE UNDERSIGNED OWNER(S) IN FEE SIMPLE DE THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SLBDI V SiCW THEREOF PURSUANT TO ROy 58 1 1S. THE UNDER SIGNED FLRT: ER DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF SAID SLBDIVIS E.N AND THE SAME IS MADE MITi- THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE CVNER(S). KNOW ALL PEOPLE AY THESE PRESENTS THAT WE, THE UNDERSIGNED, DVN RS IN FEE SIMPLE AND -.:EN HOLDERS OF THE LAND HEREBY PLAITED, DECLARE, DEDICATE ALL TRACTS AND EASEMENTS, TO THE PERSON(S) OR EN I ES) IDENTIFIED IED AND FOR THE PURPOSE STATED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED UNDER KING COUNTY RECORDING NUMBER ACKNO STATE OF WASen P-'.GTON COUNTY OF AND THE VITNESS VE HAVE SET OUR HANDS AND SEALS THIS DAY OF 20 ECK OWNER P T OF OSTERLX PARK (PHASE ONE) OWNER LO1 2 PLAT OF OSFERLY . .ARK, it °WINO OWNER LOT (PHAS€ONE) SE ONE) LAT OF OSTERLY PARK (PHASE ONE) OWNER LOT 6 PLAT OF OSTERLY PARK (PHASE ONE) (PHASE ONE) OWNER LOT 8 PLAT OF OSTERLY PARK (PHASE ONE) Y THA NOV, IT T ES AND PURPOSES E Li att- Zrs ,. OR HAVE. SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT BE HiS HER) FREE AND VOLUNTARY ACT FOR ENT ONED IN THE INSTRUMENT, _, SIGNATURE OF i NOTARY RUBLI PRINTED NAME EliAsZi5l7 CATE.0_ "gs yY APPIONMIGNT EX IRE$ e —2a A_ STATE OF 4 AS HI4 N COUNTY OF I CERTIFY THAT r KNOW OR HAVE SATISFACTORY EVIDENCE THAT ILVeV SIGNED THIS INSTRUMENT AND A9KNOWLEDGED IT O BE t _S,HERO FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. ACKNOWLEDGMENTS STATE OF WASHNS COUNTY OF SIICNATERE Or NOTARY :PUBLIC PRNTED NAME '_ MY APPOINTMENT EXPIRES- P:`. _. _._. I ` R:IFY THAT ` KNO".' _-, HAVE. SAT'---.SFA`OR _ -r miV - AND ACKNOWLIDCEO ITO THE USES AND PURPOSES 'BEN t ;iSlt;l6S a;� 5 lF STATE OF WASHIN£CTM COUNTY OF CEO, €, T AND ACKINFO'r THE USES A' TE BE €HIS.: HE POSES MENTIONED I Jr k _N F HAT SIGNED HIS INS RUNENT HER) FREE AND VOLUNTARY ACT FOR IN THE INSTRUMENT. S=CN TUBE OF NOTARY PUBLIC PRINTED NAME DATED_ MY APPOINTMENT EXPIRES R HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSRUMENT REE AND VOLUNTARY ACT FOR 'HE INSTRUMENT. CITY F TUKWILA FILE NO L084 79 Its ciT�r#sil Ti DEDICATION Comr€un 7y De vedclarnerrt r Boulevard Tuk 413 WA 93188 Portion of 6[ 4a1 %YI1 FL { Fs1...431-3 ENMA EFFPLE T-c�E -=. EPa _-H4 - . THE L' L` RSI]NLD IEN S: It FEE S_PPLE DE TEE Af ] FE _i4 DESPISED H REL" H .E S BDIVIS.?N THEREOF FTRTOTAFT loj FEW _at:'C, THE UNDER SIGNED _ 4`H R C ARE T-ES PLAT TO BE THE Fa PPHWC EP E' ]K A:E aPIDIARISIEN r'+°*it THE SAEE [S PA) .HLH ITC FEE ClFSENT AND t* ACCORDANCE b:I=H THE DESERT OF THE FI`1 R t. XNEP4 AL_ FEOP'_E T-ESE 'RESENTS THAT 3..--THE TINDERSI5NED, OWNERS RS MI FEE S3 1O_E AND :EN H FRS Dr THE LAND LERLBY PTATTEO, DEELANE. DEDICATE ALL TRACTS AND EASEMENTS, ENTS, TO rFE RS]L E. ER ENT IOSO :PENPIFIED AN] FOETHE PURPOSE SEATED IN ETC DEVENANES. LoN D: TD !s A;;=- Es-RIETE[IYS WDCP.DED JEJE TIE: TIXNET. RECORDING I :HDEF E HAVE as JP H<'.T TS ANT' 'BEADS THIS __<. _ LAT. C .TAT SB TO T B T TO OSTEPLT PAM<CPEASE ENE) T C"E OSTERL'e IC ( PHASE AT . OSTERLY PARK. 1PEAK. CNE) DWI -DER LOT 4 PLAT TIF OSIERLs' PARK . =SE ENE) PARK(PHASE PL.AI ;TSTIEH S PARK (FHA ONE) City of Tukwila Plat of Osterly Park Tawnhomes (t NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Ra ACKNOWLEDGMENTS STATE DE WAS I. GT N UETh OF ':ao .. F C T? T ..j/ UN -ICE SATISFACTORY EVIDENCE TEAT SDPED THIS aSTR 1"IEl Alt _GED H FREE ANT ' i LAI AR°'= ART PP TTE USES Ai RLRPLSES MENU] IT= ?. `E T STRLMENT SIGNATURE _. NOTARY FA4je_C PRINTED ATES_ 1 '% cY AFRON TMEr T EXPIRES LSH T '. STATE r F Ast-j€^T I a R IEr_ IFAT I KNEW p HAVE y T r Ra Ev't:EN4t THAT ty �,F,: /4.a 1TT &J THIS INSTR E1dT AN] ADICa�OV;LEDG=C IT I FIE tH .�. ET a PEE J;. h U ?CLUE T AR? AC' FOR =.1-E USES AND PP BSEE MENTION :i T [N TRL IEIT. ACKNOWLEDGMENTS S:'•,4iLRL NOTARY PJDU PRINTED NAME DATED :`:. 1"?2 .OPP:orsl MEN Eh1 RES STATE OF t -_ HINUTCH COUNTY OF rak`TIFT THAT i KNIld OR `✓E So-`4-11.SPAGTORT ESODENCE THAT AC NE TF S IH RJ-IEN A -E LT To BE (l R) TREE ANT VOLUNTARY ACT FE;[? THE 11 .i Lt USE !HENCE - [U THE INSTRUMENT, AC ATE OF <ARE CCUr49 I DEFT WY T-IET S.-KW]''.d 'L [� T THE USED AND PLRPGSE SIGNATURE OF 1-4CTAPS PU=r IC PHERINEM P 3M= DA-D '.. is# .APPOINTMENT E FS FS D HAVE St TIS-AC=`OTT L'iaDERT ED€ _NSTPIA1EF- ER) REEsAND ']iLIN-.ATS ACT FOR v= EE i TEE I€ES REMEIP CITY OF TUKWILA FILE NO. L08-079 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila; WA 98186 Telephone (206) 431.670 FAX (206) 431-665 Portion of City of Tukwila P/at of Osterly Park Townhomes (I the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Pa TRACT D - EtZfIESS AND UTILMES EASEMENT TRACT D IS A PRIVATE TE JOINT USE INGRESS, EGRESS, AND UTILITIES TRACT FOR THE BENEFIT OF THE OWNERS OF LOTS 1 THROUGH 8, OSTERLY PARK TOWNHOMES PHASE ONE, RECORDED UNDER RECORDING NUMBER 20160308000498, RECORDS KING C0U°NTY, WASHINGTON AND LOTS 9 THROUGH 23 OF OSTERLY PARK CWNH0MES, PHASE TW, APPROVED UNDER TUKWILA F LE NUMBERS L0 -0079. 0<TINERSHIP OF LOTS WITHIN OS ERLY PARK TOWNHOMES (PHASE ONE) AND OSTERLY PARS TOWNH0MES (PHASE 2) OF THESE PLATS INCLUDES AN EQUAL AND UNDIADED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT AND ANY UNDERLYING UTILITIES, OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT A SHALL BE HE OSTERLY PARK TCWTH0MES OWNERS ASSOC.IAT ON. DETAILED MAINTENANCE RESPCNS BILL TES SHALL BE AS LISTED UNDER THE DEC RATION OF CONVENTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR THE OSTERLY PARK TOWNHOMES UNDER KING COUNTY RECORDING NUMBER LEGAL DES RIPTION FOR TRACT , AN INGRESS, EGRESS AND UTILITIES EASEMENT THAT PORTION LOT 9, OSTERLY PARK TOWNHOMES, PHASE ONE, RECORDED UNDER RECORDING NUMBER 20180308000496, RECORDS OF KING COUNTY, WASHINGTON ND THE SOU Di HALF OF LOT 3, BLOCK 2, ADAM'S HOME TRACTS, ACCORDING TO THE PLAT :HEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTO ,. DESCRIBED AS FO'LLOWE: B_GINNIN AT THE SOUTHWEST CORNER OF TRACT A. A PRIVATE JOINT USF INGRESS, EGRESS, AND UTILITIES TRACT A PER THE PLAT OSTERLY PARK T0WNH0MES, PHASE ONE, RECORDED UNDER RECORDING NUMBER 20180308000498, RECORDED OF KING COUNTY. WASHINGTON, NCE SOUTH 8 3. 54" EAST, ALONG THE SOUTH LINE OF SAID TRACT A, 13,22 FEET TO THE TRUE POINT OF BEONNING THENCE SOUTH 8 133'54- EAST, ALONG THE SOUTH LINE OF SAID TRACT A, 16,79 FEET; THENCE SOUTH 01 '52" WEST 77,27 FEET -O A POINT OF CURVATURE: THENCE ON A CURVE TO THE RIGHT IN A SOUTHWESTERLY DIRECTION "WITH A RADIUS OF 40.0FEET AN ARC OF 63.73 EET, THENCE NORTH -7'32`24" WEST 245.20 FEET TO THE EAST MARGIN OF 34TH AVE SOUTH; THENCE NORTH 02159'12" EAST, ALONG. SAD MARGIN, 39.02FEET; THENCE SOUTH 87 33 EAST 26E.08 FEET; THENCE NORTH 01 9'52„EAST 79,09 FEET TO THE SOUTH LINE . SAD TRACT A, OSTERLY PARK LOWNNOMES (PHASE ONE) AND THE TRUE POINT OF BEGINNING, TOGETHER WITH KING COUNTY RECORDING NO, 20 80927001053. BEING AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES, UBJE T TO AND TOGETHER W PUGET SOUND ENERGY EASEMENT RECORDED KNG COUNTY RECORDING NUMBER 2019; -3100057t SUBJECT TO AND TOGETHER _1TH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 2019 53'OO:251; SUBJECT TO AND TOGETHER TTH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 201904240009: : SUBJECT TO AND TOGETHER WITH SEATTLE CITY LIGHT EASEMENT RECORDED - UNDER KING COUNTY RECORD NU MBER UMBER 2019E 1 000 W01; I SUBJECT TO AND TOGETHER WITH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 201104200O054-3: SUBJECT TO A DRAINAGE PIPELINE UNDER KING COUNTY RECORDING NUMBER I 6319986: SUBJECT TO RIGHT TO MAKE NECESSARY CUTS AND FILLS UNDER KING COUNTY I RECORDING NUMBER 6060692; SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR SEWER LINE RECORDED UNDER KING COUNTY RECORDING NO. 6591979, SUBJECT TO AND TOGETHER WITH SEATTLE CITY LIGHT EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20110420000543: TOGETHER WITH AND SUBJECT TO A. PUWET SOUND ENERGY EASEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 201501290014 3; SUBJECT TO AND TOGETHER WITH A PRIVATE INGRESS, EGRESS, STORM AND UTILITIES EASEMENT KG REC. NO, OO1310010013D TOGETHER WITH AND SUBJECT TO A WATERLINE EASEMENT KC REC, NO. I 20151007001218; PROVISIONS SET FORTH ON THE SURVEY MAP AND PLANS AND AMENDMENTS THERETO, RECORDED UNDER RECORDING NO,, 80 02OOE50, PROVISIONS SET FORTH ON THE SURVEY MAP AND PLANS AND AMENDMENTS THERETO, RECORDED UNDER RECORDING NO, 8010200752, TRACT A: II4GRESS E SS AND UTILITIES EASEMENT IN RESS, EGRESS AND UTILITIES EASEMENT TRACT A IS A PRIVATE VENT USE INGRESS, EGRESS, AND UTILITIES TRACTFOR THE BENEFIT OF THE OWlNERS OF LOTS _ THROUGH 9 AND FUTURE PHASES OF THE OSTERLY PARK TOWNHOMES, AS APPROVED UNDER TUKWILA NUMBERS L08-0=9 AND L12-O00S, OWNERSHIP OF LOTS 1 THROUGH 9 OF .HIS PLAT INCLUDES AN EQUAL AND UNDIMMED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT AND ANY UNDERLYING UTILITIES. OWNERSHIP, OPERATION AND MAINTENANCE OF TRACT A SHALL BE THE OSTERLY PARR T0W'N»DIES OWNERS ASSOCIATION DETAILED MAINTENANCE RESPONSIBILITIES SHALL BE AS LISTED UNDER THE DECLARATION OF °CONVENTS, CONDITIONS, RESTRICTIONS,AND EASEMENTS AGREEMENTS FOR THE OSTERLY PARK TOWNHOMES UNDER KING COUNTY R-ECORDING NUMBER 201€0308000498, DRIVEWAY EASEMENTS r.PRIVATE 24 FOOT DRIVEWA, EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 9, 10. 11 AND 12, FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE HE C0N'VENTS, CONDI,IONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS THAT PORTION OF LOTS 9, ¢.t 11 AND 19 t,1= THE PLAT OF OSTERLY PARK TOWNHOMES HD' ES (PHASE TWO) CITY F TUKWILA FILE NO. LO8- r9, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNEA OF SAID LOT 9, PL,A, OF OSTERLY PARK TOWNHOMES (PHASE :WOO):_ THENCE CE NORTH 15'09 2 ` EAST, ALONG THE WEST LINE O. S D LOT 14, 2, ?C FEE TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 8 `50'22 EAST 41.93 FEET( THENCE SOUTH O1'09 3 'RED 24-00 FEET; THENCE NORTH 88150'22' WEST 41,94 FEET TO THE WEST LINE OF SAID LOT 11, THENCE NORTH Di O9'52" EAST 24,00 FEET TO THE TRUE PONTI:OF BEGINNING B. PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TQWNHOMES ON 13, 14.. AND 5_ FOR DETAILED MAINTENANCE RESPONSIBILITIES SEE THE CONVENTS, CONDITIONS, AND RESTRICTIONS UNDER KING COUNTY RECORDING NUMBER LEGAL DESCRIPTION AS FOLLOWS: THAT PORTON OF LOTS 13, 14 AND 15 Or THE PLAT OF OSTERLY PARK TC'WHHD:MES (PHASE TWO) CITY OF MEW -ILA FILE Na L08-0 79, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13, PLAT OE OSTERLY PARK TOWN -HOMES (PHASE :WO) THENCE NORTH 88'50 2 WEST, , ALONG THE NORTH LINE OF SAID LOT 13, 10,00 FEET TO THE TRUE POINT OF UEC- FIN INID, THENCE CONTINUING NORTH 88'50`22" WEST 42.4-2 FEET TO A POINT ON A CURVE WEN BEARS SOUTH 79'57'05' EAST 40.00 FEET FROM THE CENTER ,PORT OF SAID CURVE: ENCE AL0NG THE ARC OF SAID -CURVE IN A SOUTHWESTERLY DIRECTION WITH A RADIUS OF 40,00 FEET AND AN ARC OF 27,99 FEE THENCE SOUTH B8'50'22" EAST 55.69 FEET, THENCE NORTH 1'0038" EAST 24,00 FEE r0 THE RUE POINOa BEGINNING, CT C: RECREA N CT OWNERSHIP, OPERATION AND h AIN sENANCE OF TRACT C SHALL BE THE OSTERLY PARK TOW'NH0MES HOMEOWNERS ASSOCAT:O.N; LEGAL DESCRIPTION FOR -RAC: B, A RECR A=IOI, TRACT: THAT PORTION OF THE LOT 3, BLOCK 2, ADAM'S HOME TRACTS, ACCORDING TO THE TEAT THEREOF RECORD__ IN VOLUME 11 OF PLATS, RAGE 3., RECORDS OF KING COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH N '32 T9" WEST ALONG THE SOUTH LINE THEREOF, 8,60 FEET TO THE TRUE POINT OF BEGINNING: THENCE NORTH 57'32` 19" WEST, ALONG NG HE SOUTH LINE THEREOF, 40,00 FEE HENCE NORTH 02'59'1 EAST 40.01 FEET; THENCE SOUTH 2'24 EAST 23,20 FEET TO A PONT OF CURVATURE; THENCE ON A CURVE TO LEFT IN A NORTHERLY DIRECTION WITH A RADIUS OF 40.00 FEET AN ARC OF 15,87 ET: THENCE SOUTH 0 109 3 ._ WEST 43,12 FEET TO THE TRUE POINT OF BEGINNING. CT RECEA 'TRACT O`WN'-'RSHIP, OPERATION AND MAINTENANCE OF TRACT B SHALL BE THE OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION; TR T B RECREATION TRACT PER PLAT OF OSTERLY PARK TOWNHOMES PHASE ONE KC REC. NO 201:603080O0498 VOL. 2 .2,759-62 CITY OF TUKWILA FILE NO. L08-079 City of Tukwila Department or CoCarornundy Development I 6300 sou hcenter Boulevard. Tukwila, WrWA 96188 Telephone 12 1431-8670 FAX (209) 491-5899 Portion of LOT AND TRACT AREAS TRACT C s 12,113of± or0.28ear s LOT 9 = 1.243 sf or 0,03 acres LOT 10 1,613 of or 0,04 acres LOT 11 - 1,209 of or 0,03 cores LOT 12 = 1,679 of or 0,04 acres es LOT 13 - 2,231 of or 0.05 acres LOT 14 H 1,517 of or 0,03 acres LOT 15 - 1,130 s` or O,03 acres LOT 16 H 880 of or 0,02 cores LOT 17 e 880 of or 0.02 acres LOT 18 = 1,280 of or 0_ 3 acres DT 19 - 1.280 of or 0,03 acres LOT 20 a. 880 o1 or O,02 acres LOT 2: H. 1,280 of or 0.03 acres LOT 22 = 1,200 of or 0,03 cores LOT 23 i 1,120 of or 03 acres RECREATION TRACT C. Ht. 1,590 of or ai RECREATION EASEMENT A - 600 sf or RECREATION EASEMENT B - 600 of o LOT ADDRESSES LOT 9 144100 34TH LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LN S. 14412 34TH L S. 14414- 34TH Lie S, 16 34TH LN S. 14422 34TH L 5. 14420 34TH LN S. 14418 3 H LN S. 3427 S. 144T[`=.-�� LN 3423 5_ 14 4 1- L 3419 S. 1441H L=N 3415 S. 144TH LN 3411 S. 144 T T LN 3407 S. 144 H LN 3403 S, 44 ;{ L3. =401 5. 44TH L"J S87'33'11 sE 30,013 SURVEY NOTES City of Tukwila Plat of Osterly Park Townhomes (PHASE TL NW 1/4 of the NW 1/4 of Section 22, Township 23' North, Range 4 East, 1. Field data or this survey woo bta=rico d7 direct `['old 'neasr reeCrits.. Angular and beer relationships were measured with a six second heodolite and electronic measuring device, supplemented by a steel tape, This survey meets or exceeds the standards contained ,n WAC 332-13 r-090. 2, Basis of Bearing of this survey are monuments found of the intersection of 42nd Ave South/South 144th Street and 42nd Ave. Sout °South 148th Street. 3, REFERE_=CES. PLAT OF OSTERLY PARK D1'?'t .GCS, 2 2 062 PLAT OF ADAMS HOME TRACTS, VOL 13 r .1 14424 THIRTY FOURTH SOUTH, A ONOOMINI''.Afi, VOL. 7. PAGES 91 1`0 93' 14422 THIRTY -,`F'�O(�U{�RTH SOUTH, A CONDOMINIUM IUM, `VOL. 47/ PAGES 88 TO THROUGH 90: 905 143/125 4, BASIS OF HEARING ,S THE PLAT OF OSTERLY PARK TOW HOMES PHASE ONE) RECORDED UNDER KING COUNTY RECORDING NO, 20160308000498, VOL, .72/ 59-62. 04 acres 0.01 acres 0,01 acres GRAPHIC SCALE ( IN FEET ). I inch = 20 5 EASEMENT FOR TELEPHONE,POWER AND CABLE TV REC NO, 9208282225, 9302031960 & 9302031961_ 5` SEWER AND WATER ERR LINE EASEMENT KC REC. NO. 96060661070 I - 9 IL 0040000087 S. EGRESS AND UTILITIES ENT KC RE; Na 637849.4 S T,tE CITY LIGHT EASE EN= ..._.I€ REG, NO.-20110420000543. _ _ P _ 3 18r3 14422 THIRTY FOURTH SOUTH CONDOMINIUM VOL. 47t'88-90 c TL 6391100005 IC I in T SOUNO ENERGY ASEMNT RE NO20150129001483 IS Ce'E UNDER, ALONG, ACROSS AND THROUGH THEE S, 65,15 FEET OF LOT 4 CENTERLINE INE DESCRIBED AS S CC TPLCTED" BOCK 2 TL 0040000086 10' PRIVATE SANITARY SEWER EASEMENT RE '. #201509240010 B RECREATION TRACT PER PLAT OF OSTERLY PARK TOWNHOMES PHASE ONE 4 KG REC. NO. 20.60308000498, VOL. 272/59-62 r5 inircfC 268 587`3, 14424 THIRTY FOL CONDOMINIUM VC 10 Drainage KC Rcc, No. Private ingress Utilities Eaoem_ 2013100100135 Seattle City Light Rec. No, 201104; ROADWAY EA' NC REC NO. 2I 18047001E N8 7'33'1 73,08' (I �TPACT D: INGRESS EGRESS AND UTILITIES .ITIES TRACT—' 1 32.00' — 2. NE' CITY OF TUKWILA FILE NO. L08-079 City of Tukwila Depatiment of Community Development 00 Scuthceoter Boulevard, TuFwila, WA 9818 Telephone 12 1431 TO FAX (205) 431-3665 GRAPHIC SCALE (INFEET ) ;DeN a 20 it City of Tukwila Plat of ©sterly Park Townhomes (PHASE TVI Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W TRACT B, RECREATION EASEMENTS, DRIVEWAY AND SIDEWA SEWER AND WATER UNE EASEMENT REC. NO, 9606p6107:0 5` SE ^lER AEI WATER UNE EASEMENT KC REC. NO, 95C6061070 TL 0040000087 NOT IN PLAT LOT 1 PUGET SOUND ENERGY EASEMENT NEC. NO, 20150129001483 IS avr.R UNDER.ALONG, ACROSS AND THROUGH THE EAST 65.15 FEET OF LOT 4,CENTERLINE DESCRIBED AS AS CONSTRUCTED TL 0 0( LOT 5 TRACT B TEMP RECREATION TRACT PER n;..r 3 OF-- —. OSTERLY PARK TOWNHOMES PHASE ONE KC NEC. Na 201603 800049-8. VOL, 272/59-52 NOT IN PLAT 14422 THIRTY FOURTH SOUTH CONDOMINIUM VOL. 47188-90 TL 5391100005 ] 22' INGRESS, EGRESS AND UTILITIES EASEMENT KC RFC, NO. 6378494 SEA E CITY UCHT EASEMENT �! KC REC. NO. 2011042Q 00543 268.08' 51 S88-50 2 N87'33`5, �51.94` 14424 THIRTY FOURTH SC CONDOMINIUM VOL 47/91 ILOT 24 NEW ROADWAYEASEMENT '' �a BE PART OE TRACT ROADWAY EASEMENT KC REy, NO. 20180927001053 ;�®TRACT D: INGRESS, EGRESS AND UTILITIES TRACT FRECREATION EASEMENT B r 8T32`24'F t 45.20 ATTACHMENT C When Recorded, Relann to: 144111 Street RE() Partners, EEC 4701 SW Admiral Way. #190 Seattle, WA 98116 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES Grantor: 144th St REO Partners, LLC and/or Michael D. Overbeck and Mengstab Tzegai Grantee: 144`1' Street RI. O Partners, LLC Legal Description (Abbreviated): Osterly Park Tosvnhomes, Lots 1 through 24 Complete on: EXHIBIT A Assessor's Tax Parcel ID #: 6433600100.6433600090,0040000083.6391110000 6433610240 64336000I0,6433600020.6433600030,6433600040,6433600050,6433600060. 6433600070,6433600080 Reference Nos. of Documents Released or Assigned: 127 TABLE OF CONTENTS PAGE ARTICLE 1 DEFINITIONS 1 1.1. WORDS DEFINED 1 ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 4 ARTICLE 3 ASSOCIATION 4 3.1. FORM OF ASSOCIATION 4 3.2. MEMBERSHIP 4 3.3. VOTING 4 3.4. MEETINGS, AUDITS, NOTICES OF MEETINGS 6 3.5. BYLAWS OF ASSOCIATION 6 ARTICLE 4 MANAGEMENT OF THE ASSOCIATION 7 4.1. INTERIM BOARD OF DIRECTORS 7 4.2. MANAGEMENT BY ELECTED BOARD OF DIRECTORS 7 4.3. AUTHORITY AND DUTIES OF THE BOARD . 7 4.4. BOARD ORGANIZATION AND OPERATION . 8 4.5. PROFESSIONAL MANAGEMENT 8 ARTICLE 5 ASSOCIATION FINANCES 9 5.1. BUDGETING AND ALLOCATING COMMON EXPENSES 9 5.2. BUDGETING FOR RESERVES 10 5.3. SPECIAL ASSESSMENTS . 10 5.4. SPECIFIC ASSESSMENTS 10 5.5. AUTHORITY TO ASSESS OWNERS 10 5.6. TIME OF PAYMENT 10 5.7. OBLIGATION FOR ASSESSMENTS 11 5.8. LIEN FOR ASSESSMENTS 12 5.9. EXEMPT PROPERTY 12 5.10. CAPITALIZATION OF ASSOCIATION 12 ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 13 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS 13 6.2. ASSOCIATION'S RESPONSIBILITY FOR EXTERIOR MAINTENANCE 13 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS 14 6.4. OWNER'S RESPONSIBILITY 14 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION••• 15 ARTICLE 7USE RESTRICTIONS AND RULES 15 Osterly Park Townhomes Declaration Table of Contents -page i 128 7.1. GENERAL 15 7.2. RESIDENTIAL USE 15 7.3. ARCHITECTURAL STANDARDS 15 7.4. SIGNS 17 7.5. OCCUPANTS BOUND 17 7.6. NUISANCE 17 7.7. SUBDIVISION OF LOT 18 7.8. FENCES 18 7.9. AIR-CONDITIONING UNITS 18 7.10. LIGHTING 18 7.11. MAILBOXES 18 7.12. PARKING 18 7.13. PETS 18 7.14. GARBAGE 19 7.15. EXTERIOR SECURITY DEVICES 19 7.16. EXTERIOR AREAS OF LOTS 19 7.17. LANDSCAPING 19 ARTICLE 8 INSURANCE 8.1, ASSOCIATION INSURANCE 8.2. PAYMENT AND ENDORSEMENTS 8.3. OWNER'S INSURANCE 8.4. RECONSTRUCTION ARTICLE 9 EASEMENTS 19 19 20 20 21 21 9.1. EASEMENTS FOR ENCROACHMENT AND OVERHANG 21 9.2. EASEMENTS FOR USE AND ENJOYMENT 21 9.3. GRANT OF EASEMENT FOR UTILITIES 22 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS 23 9.5. EASEMENT FOR MAINTENANCE 23 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT 23 ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES ••• 25 10.1. GENERAL RULES OF LAW TO APPLY 25 10.2. MAINTENANCE; DAMAGE AND DESTRUCTION 25 10.3. RIGHT TO CONTRIBUTION RUNS WITH LAND 25 ARTICLE 11 CONSENSUS FOR ASSOCIATION LITIGATION •••• 25 ARTICLE 12 MORTGAGEE PROTECTION 26 12.1. ABANDONMENT OF DECLARATION 26 12.2. PARTITIONS AND SUBDIVISIONS 26 12.3. CHANGE IN ASSESSMENT METHODS, ETC 26 Osterly Park Townhomes Declaration Table of Contents -page ii 129 12.4. COPIES OF NOTICES 26 12.5. EFFECT OF DECLARATION AMENDMENTS 26 12.6. INSPECTION OF BOOKS 26 12.7. AMENDMENTS BY BOARD 27 ARTICLE 13 GENERAL PROVISIONS 27 13.1. ENFORCEMENT 27 13.2. SELF-HELP 27 13.3. DURATION 27 13.4. AMENDMENT 28 13.5. GENDER AND GRAMMAR 28 13.6. SEVERABILITY 28 13.7. CAPTIONS 28 13.8. INDEMNIFICATION 28 13.9. BOOKS AND RECORDS 29 13.10. FINANCIAL REVIEW 29 13.11. NOTICE OF SALE, LEASE OR ACQUISITION 30 13.12. AGREEMENTS 30 13.13. IMPLIED RIGHTS 30 13.14. VARIANCES 30 13.15 STORM DRAIN MAINTENANCE PLAN 54 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F LEGAL DESCRIPTION DESCRIPTION OF COMMON AREAS EASEMENT FOR VEHICULAR ACCESS [Lots 1, 2, 5, 6.1 EASEMENT FOR VEHICULAR ACCESS [Lots 3, 4, 7, 8] EASEMENT FOR VEHICULAR ACCESS PHASE II [Lots 9,10,11,12] EASEMENT FOR VEHICULAR ACCESS PHASE II (Lots 13,14,15} EXHIBIT G STORM DRAIN MAINTENANCE PLAN Oster/y Park Townhomes Declaration Table of Contents -page iii 130 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND AGREEMENTS FOR OSTERLY PARK TOWNHOMES IT IS THE INTENT OF THE GRANTOR THAT THIS AGREEMENT SHALL NOT BE EXTINGUISHED BY THE DOCTRINE OF MERGER THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS is dated for reference purposes this day of , 2019, and is made by Michael D. Overbeck. and/or 140 Street REO Partners, LLC, (the "Declarant"), and Mengstab Tzegai. RECITALS A. Declarant is the owner of the real property located in the City of Tukwila, King County, Washington, more particularly described on the attached EXHIBIT A ("Property"). B. Declarant desires to subject the Property to the provisions of this Declaration to create a residential community of twenty three (23 ) town -homes. Full build out of the Community will include 23 townhomes and the renovation of one multi -family building owned by Mengstab Tzegai, all of which will be subject to this Declaration as amended during final subdivision approval for Phase II of the Osterly Park Townhomes ("Community"). Now, THEREFORE. Declarant hereby declares that the Property, including the improvements constructed or to be constructed, thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold. transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants. conditions, restrictions, easements, assessments and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the Property, and shall be binding on all persons having any right, title or interest in all or any portion of the Property, their respective heirs, legal representatives, successors. successors -in -title and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. Osterly Park Townhomes Declaration pages 131 ARTICLE1. DEFINITIONS 1.1. WORDS DEFINED. THE FOLLOWING WORDS, WHEN USED IN THIS DECLARATION (UNLESS THE CONTEXT SHALL PROHIBIT), SHALL HAVE THE FOLLOWING MEANING Oster/y Park Townhomes Declaration Table of Contents -page iii 132 1.1.1. "Association" shall mean the Osterly Park Townhomes Homeowners Association, a Washington nonprofit corporation, its successors and assigns to be formed. 1.1.2. "Board of Directors" or "Board" shall mean the appointed or elected board of directors of the Association having its normal meaning under Washington law. 1.1.3. "Bylaws" shall refer to the duly adopted Bylaws of the Association. 1.1.4. "Common Areas" shall mean all real and personal property, including easements and tracts which the Association owns or leases or in which it otherwise holds possessory or use rights, all for the common use and enjoyment of the Owners including, without limitation, those areas and facilities described on attached EXHIBIT B. 1.1.5. "Common Expenses" shall mean expenditures made by, or financial liabilities of, the Association which are related to the Common Areas and the general operation of the Association, including, without limitation, maintenance and repair of certain exterior portions of the residential improvements constructed on the Lots as provided herein, certain utilities and systems serving such improvements, landscaping maintenance for the Lots and allocations to reserves. 1.1.6. "Community" shall mean and refer to the lots and common areas contained in the final subdivision plats recorded with King County for Phase I and Phase II of the Osterly Park Townhomes, and all improvements to such Property including, without limitation, the townhomes constructed on the Lots. 1.1.7. "Community -Wide Standard" shall mean the standard of conduct, maintenance, or other activity as initially established by Declarant and as generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors. 1.1.8. "Declarant" shall mean and refer to 144th Street REO Partners, LLC, a New Mexico limited liability company, and its successors -in -title and assigns, provided, in the instrument of conveyance to any such successor -in -title or assign, such successor -in -title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon designation of a successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease. Mengstab Tzegai, while also a Declarant is non -voting and shall not have any rights to control the CCRs or the Homeowner's Association. Osterly Park Townhomes Declaration page2 133 1.1.9. "Declarant Control Period" shall mean the period of time during which Declarant is entitled to appoint the members of the Board. The Declarant Control Period shall expire on the first to occur of the following: (a) when Declarant owns less than 4 Lots for development and/or sale in the Community; (b) when, in its sole discretion, Declarant so determines in a notice recorded in the real property records of King County, Washington. Osterly Park Townhomes Declaration page3 134 1.1.10. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and Easements for Osterly Park Townhomes, as it may be amended. 1.1.11. "Governing Documents" shall mean this Declaration, as it may be amended, the Articles of Incorporation and Bylaws of the Association and any rules and regulations adopted by the Association. 1.1.12. "Lot" shall mean any legally conveyable parcel of land within the Community, together with the improvements constructed thereon, which constitutes a residence, as shown on a plat recorded in the land records of King County, Washington. The ownership of each Lot shall include, and there shall pass with each Lot as an appurtenance thereto, whether or not separately described, all of the right, title and interest of an Owner in the Common Areas, which shall include, without limitation, membership in the Association. 1.1.13. "Mortgage" means any mortgage, deed of trust and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.14. "Mortgagee" shall mean the holder of a Mortgage. 1.1.15. "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.16. "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation. 1.1.17. "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.18. "Plat" means that certain subdivision of the Property more particularly described on the attached EXHIBIT A. 1.1.19. "Property" shall mean the real property described in EXHIBIT A attached hereto. 1.1.20. "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant), and the consent of Declarant so long as Declarant owns any Property for development and/or sale in the Community. The owner of Lot 24, "Mengstab Tzegai" does not have any voting rights, may not withhold consent, and is a limited non -voting member. Osterly Park Townhomes Declaration page4 135 1.1.21. "Townhome" shall mean and refer to any structure located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family. ARTICLE 2. PROPERTY SUBJECT TO THIS DECLARATION The Property which is, by the recording of this Declaration, subject to the covenants, conditions and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this Declaration is the real property described in EXHIBIT A, attached hereto and by reference made a part hereof ARTICLE 3. ASSOCIATION 3.1. FORM OF ASSOCIATION. The Association shall be a non-profit corporation formed under the laws of the State of Washington; provided that from and after the formation of such non-profit corporation, the rights and duties of the members of such corporation shall continue to be governed by the provisions of this Declaration. 3.2. MEMBERSHIP. 3.2.1. Qualification. Each Owner (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned; provided that if a Lot has been sold on contract, the contract purchaser shall exercise the rights of the Lot Owner for the purposes of the Association, this Declaration and the Bylaws, except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for membership in the Association. Lot 24 shall not have any voting rights. 3.2.2. Transfer. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon transfer of the title to said Lot, and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner of such Lot. 3.3. VOTING. 3.3.1. Number of Votes. The Association shall have two classes of voting membership: Osterly Park Townhomes Declaration page5 136 (a) Class A. Class A members shall be all Owners with the exception of Declarant. Each Owner shall be entitled to one vote for each Lot owned. (b) Class B. The Class B member shall be the Declarant who shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon expiration of the Declarant Control Period. Lot 24 shall remain a non -voting member. 3.3.2. Voting Owner. There shall be one (1) voting representative of each Lot, excluding Lot 24 which shall be non -voting. Declarant shall be considered an "Owner" and shall be the voting representative with respect to any Lot owned by Declarant. If a person (including Declarant) owns more than one Lot, the person shall have the votes for each Lot owned. The voting representative shall be designated by the Owner but need not be an Owner. The designation shall be revocable at any time by actual notice to the Association from a party having an ownership interest in a Lot, or by actual notice to the Association of the death or judicially declared incompetency of any person with an ownership interest in the Lot. This power of designation and revocation may be exercised by the guardian of an Owner, and the administrators or executors of an Owner's estate. Where no designation is made, or where a designation has been made but is revoked and no new designation has been made, the voting representative of each Lot shall be the group composed of all of its Owners. 3.3.3. Joint Owner Disputes. The vote of a Lot must be cast as a single vote, and fractional votes shall not be allowed. In the event that joint Owners are unable to agree among themselves as to how their votes shall be cast, they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular Lot, none of said votes shall be counted and said votes shall be deemed void. 3.3.4. Pledged Votes. If an Owner is in default under a first Mortgage on a Lot for ninety (90) consecutive days or more, the Mortgagee shall automatically be authorized to declare at any time thereafter that the Owner has pledged his or her vote on all issues to the Mortgagee during the continuation of the default. If the Association has been notified of any such pledge to a Mortgagee, or in the event the record Owner or Owners have otherwise pledged their vote regarding special matters to a Mortgagee under a fully recorded mortgage, or to the vendor under a duly recorded real estate contract, only the vote of such Mortgagee or vendor will be recognized in regard to the special matters upon which the vote is so pledged, if a copy of the instrument with this pledge has been filed with the Association. Amendments to this Section shall only be effective upon the written consent of all of the voting Owners and their respective Mortgagees and vendors, if any. Osterly Park Townhomes Declaration page6 137 3.4. MEETINGS, AUDITS, NOTICES OF MEETINGS. 3.4.1. Annual Meetings, Audits. There shall be an annual meeting of the Owners in the first quarter of each calendar year, or such other fiscal year as may be adopted by the Association, at such reasonable place and time as may be designated by written notice of the Association delivered to the Owners no less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. At the annual meeting, there shall be presented a report of the itemized receipts and disbursements for the preceding fiscal year, and allocation thereof to each Owner, and the estimated expenses, if any, for the Association for the coming fiscal year. Any Owner, at the Owner's own expense, may at any reasonable time make an audit of the books of the Association. 3.4.2. Special Meetings. Special meetings of the Owners may be called at any time for the purpose of considering matters which by the terms of this Declaration require the approval of all or some of the Owners, or for any other reasonable purpose. Such meeting shall be called by the petition of Owners holding not less than 10% of the Class A votes or as otherwise provided in the Bylaws. Such notice shall be delivered not less than fourteen (14) nor more than sixty (60) days prior to the date fixed for said meeting. The notice shall specify the date, time and place of the meeting and, in general, the matters to be considered. 3.4.3. Quorum Requirements for Association Meeting. At all meetings of the Owners, 25% of the Owners present in person or by proxy shall constitute a quorum. A majority of Owners present and entitled to vote, either in person or by proxy, shall be sufficient for the passage of any motion or the adoption of any resolution, except in connection with amendment or repeal of this Declaration. If the required quorum is not present, another meeting may be called subject to the requirement of written notice sent to all members at least ten (10) days in advance of such meeting. In the absence of a quorum of a members' meeting, a majority of those present in person or by proxy may adjourn the meeting to another time but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (30) days from the original meeting date. 3.5. BYLAWS OF ASSOCIATION. 3.5.1. Adoption of Bylaws. Bylaws for the administration of the Association and the Property, and for other purposes not inconsistent with the intent of this Declaration shall be adopted by the Declarant as the original Owner of the Lots. Subsequent amendments may be adopted by the Association as provided therein. 3.5.2. Bylaws Provisions. The Bylaws shall contain provisions substantially as provided for in this Article 3 and in Article 4, and may contain supplementary, not inconsistent, provisions regarding the operation and administration of the Property. The Bylaws shall establish the provisions for quorum, ordering of Osterly Park Townhomes Declaration page? 138 meetings, and details regarding the giving of notices as may be required for the proper administration of the Association and the Community. ARTICLE 4. MANAGEMENT OF THE ASSOCIATION 4.1. INTERIM BOARD OF DIRECTORS. Until expiration of the Declarant Control Period, the affairs of the Association shall be governed by a board of three (3) directors (who need not be Lot Owners) named by Declarant from time to time or as otherwise provided in the Bylaws. 4.2. MANAGEMENT BY ELECTED BOARD OF DIRECTORS. Upon expiration of the Declarant Control Period, administrative power and authority shall vest in a board of three (3) directors elected from among the Owners. The Board may delegate all or any portion of its administrative duties to a manager, managing agent, or officer of the Association. All Board positions shall be open for election at said organizational meeting. The Board shall elect from among its members, a president (who shall preside over meetings of the Board and the meetings of the Association), a secretary and a treasurer, all of which officers shall have such duties and powers as may be specified by the Board from time to time. 4.3. AUTHORITY AND DUTIES OF THE BOARD. The Board, for the benefit of the Community and the Owners, shall enforce the provisions of this Declaration, shall have all powers and authority permitted to the Board under this Declaration, and shall acquire and shall pay for out of the Common Expense fund hereinafter provided for, all goods and services requisite for the proper functioning of the Community. Without limitation, the Board shall have the following powers and authority: 4.3.1. Assessments. The establishment and collection of Assessments pursuant to Article 5 of this Declaration. 4.3.2. Services. Obtaining the services of persons or firms as required to properly manage the affairs of the Community to the extent deemed advisable by the Board, including legal and accounting services, property management services, as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Community. 4.3.3. Utilities. Obtaining all utility services (i) commonly metered (if any) for the Townhomes and providing for the submetering of such utilities for payment by the Owners where applicable and (ii) as necessary for the Common Area utilities, landscape irrigation, and lighting. 4.3.4. Insurance. Obtaining and paying for policies of insurance or bonds as provided by this Declaration. Osterlv Park Townhomes Declaration page8 139 4.3.5. Maintenance/Repair. Performing and paying for maintenance, repair, replacement of Common Areas and Exterior Maintenance. 4.4. BOARD ORGANIZATION AND OPERATION. 4.4.1. Election of Board of Directors and Terms of Office. Upon expiration of the Declarant Control Period, the Owners shall elect two (2) Directors for two (2) year terms and one (1) Director for a one (1) year term to assure that the expiration dates for the term of the Board members are staggered. Thereafter, all Directors shall be elected for two (2) year terms. 4.4.2. Vacancies. Vacancies in the Board caused by any reason other than the removal of a Board member by a vote of the Association shall be filled by vote of the majority of the remaining Board members, even though they may constitute less than a quorum; and each person so elected shall be a Board member until a successor is elected at the next annual meeting of the Association. 4.4.3. Removal of Board Members. At any regular meeting or at any special meeting called for that purpose, any one or more of the Board members may be removed with or without cause, by a majority of all of the Owners, and a successor may then and there be elected to fill the vacancy thus created. Any Board member whose removal has been so proposed by the Owners shall be given an opportunity to be heard at the meeting. Notwithstanding the above, until the organizational meeting, only Declarant shall have the right to remove a Board member. 4.4.4. Organizational Meeting. The first meeting of a newly elected Board shall be held immediately following the annual organizational meeting of the Association, and no notice shall be necessary to the newly elected Board members in order legally to constitute such meeting. 4.4.5. Regular Meeting. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the Board members, but at least two such meetings shall be held during each fiscal year and one such meeting shall be held immediately following the annual meeting of Owners. Notice of regular meetings of the Board shall be given to each Board member as and when provided in the Bylaws. 4.4.6. Special Meetings. Special meetings of the Board may he called by the President or at least two Board members with notice given to each Board member as and when provided in the Bylaws. 4.5. PROFESSIONAL MANAGEMENT. Any contract with a professional manager for the Community (i) shall have a term no longer than one (1) year, (ii) may be renewed by agreement of the Association and the manager for successive one (1) year Osterly Park Townhomes Declaration page9 140 periods and (iii) shall require the manager to carry insurance as deemed appropriate by the Board. ARTICLE 5 ASSOCIATION FINANCES 5.1. BUDGETING AND ALLOCATING COMMON EXPENSES. At least sixty (60) days before the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the corning year, including any contributions to be made to a reserve fund. The budget shall reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Lots, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Lots. 5.1.1. The Association is hereby authorized to levy Base Assessments equally against all Lots, except Lot 24 subject to assessment hereunder to fund the Common Expenses. In determining the Base Assessment rate per Lot, the Board may consider any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year. Notwithstanding this Section, it is understood that Lot 24, "Mengstab Tzegai" and/or his successors and/or assigns shall be permanently exempt from any Associations, costs, charges, assessments, maintenance, or any other financial obligations to the Association in exchange for his contribution of land to the tract. 5.1.2. Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy, which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future years, unless otherwise provided in a written agreement between the Association and Declarant. 5.1.3. Within thirty (30) days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the final budget, notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget. Such meeting shall be held not less than fourteen (14) nor more than sixty (60) days from the mailing of such materials. The budget and assessment shall be ratified unless disapproved at a meeting by Members representing at least 51% of the Total Association Vote. Such ratification shall be effective whether or not a quorum is present. 5.1.4. If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently in effect shall continue in effect until a new budget is determined. Osterly Park Townhomes Declaration page 141 5.1.5. The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above. Osterly Park Townhomes Declaration page 142 5.2. BUDGETING FOR RESERVES. The Board shall prepare and periodically review a reserve budget for the Common Areas and for Exterior Maintenance requirements. The reserve budget shall take into account the number and nature of replaceable assets, the expected life of each asset and the expected repair or replacement cost. The Board shall include in the budget, a capital contribution to fund reserves in an amount sufficient to meet the projected need with respect both to amount and timing. 5.3. SPECIAL ASSESSMENTS. In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those budgeted. Except as otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative vote or written consent of Owners representing more than 50% of the Total Association Vote. Special Assessments shall be payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. 5.4. SPECIFIC ASSESSMENTS. The Association shall have the power to levy Specific Assessments against a particular Lot as follows: (a) to cover the costs, including overhead and administrative costs, of providing services to Lots upon request of an Owner pursuant to any menu of special services which may be offered by the Association. Specific Assessments for special services may be levied in advance of the provision of the requested service; and (b) to cover costs incurred in bringing the Lot into compliance with the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their agents, contractors, employees, licensees, invitees, or guests, including any such costs related to maintenance, repair or replacement of the exteriors of improvements or of utilities or other systems serving such improvements; provided, the Board shall give the Lot Owner prior written notice and an opportunity for a hearing, in accordance with the Bylaws, before levying any Specific Assessment under this subsection (b). 5.5. AUTHORITY TO ASSESS OWNERS. Declarant hereby establishes and the Association is hereby authorized to levy assessments as provided for in this Article and elsewhere in this Declaration. The obligation to pay assessments shall commence as to each Lot, after the Board first determines a budget and levies assessments, and after the Lot is first conveyed to an Owner by Declarant. The first annual Base Assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Lot. Lot 24 is exempt from any assessments. 5.6. TIME OF PAYMENT. Assessments shall be paid in such manner and on such dates as the Board may establish. The Board may require advance payment of assessments at closing of the transfer of title to a Lot and impose special requirements for Owners with a history of delinquent payment. If the Board so elects, annual assessments Osterly Park Townhomes Declaration Pagel C 143 may be paid in monthly or quarterly installments. If any Owner is delinquent in paying any assessments or other charges levied on the Owner's Lot, the Board may require the outstanding balance on all assessments to be paid in full immediately. 5.7. OBLIGATION FOR ASSESSMENTS. 5.7.1. Personal Obligation. Each Owner, by accepting a deed or entering into a recorded contract of sale for any portion of the Property, is deemed to covenant and agree to pay all assessments authorized herein. All assessments, together with interest (computed from its due date at a rate of 12% per annum or such higher rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs and reasonable attorneys' fees, shall be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon a transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. (a) Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls in collections. (b) No Owner is exempt from liability for assessments by non- use of Common Areas, abandonment of the Owner's Lot, or any other means, except Lot 24. The obligation to pay assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of assessments or setoff shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action it takes. (c) Upon written request, the Association shall furnish to any Owner liable for any type of assessment a certificate in writing signed by an Association officer setting forth whether such assessment has been paid. Such certificate shall be conclusive evidence of payment. The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate. 5.7.2. Declarant's Option to Fund Budget Deficits. During the Declarant Control Period, Declarant may satisfy its obligation for assessments, if any, on Lots which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Lots subject to assessment and. the amount of actual expenditures by the Association Osterly Park Townhomes Declaration page 13 144 during the fiscal year. Unless Declarant otherwise notifies the Board in writing at least sixty (60) days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year. Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Declarant Control Period, Declarant shall pay assessments on its unsold Lots in the same manner as any other Owner. 5.8. LIEN FOR ASSESSMENTS. The Association shall have a lien against each Lot to secure payment of delinquent assessments, as well as interest, late charges (subject to the limitations of Washington law) and costs of collection (including attorneys' fees). Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments and other levies which by law would be superior and (b) the lien or charge of any recorded first Mortgage (meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and judicial or non judicial foreclosure. 5.8.1. The Association may bid for the Lot at the foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While a Lot is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its usual assessment, its pro rata share of the assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the lien securing the same. 5.8.2. Sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any subsequent assessments. However, the sale or transfer of any Lot pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure. The subsequent Owner to the foreclosed Lot shall not be personally liable for assessments on such Lot due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Lots subject to assessment under Section 4.6, including such acquirer, its successors and assigns. 5.9. EXEMPT PROPERTY. The following property shall be exempt from payment of Base Assessments and Special Assessments: (a) Any property dedicated or conveyed to and accepted by any governmental entity or public utility; and (b) Property owned by the Association for the common use and enjoyment of such Associations' members. 5.10. CAPITALIZATION OF ASSOCIATION. Upon acquisition of record title to a Lot by the first Owner thereof other than Declarant, a contribution shall be made by or on Osterly Park Townhomes Declaration page 12 145 behalf of the purchaser to the working capital of the Association in an amount equal to one -sixth of the annual Base Assessment per Lot for that year. This amount shall be in addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment. This amount shall be deposited into the purchase and sales escrow and disbursed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the Bylaws. ARTICLE 6 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 6.1. ASSOCIATION'S RESPONSIBILITY FOR COMMON AREAS. The Association shall maintain and keep in good repair the Common Areas. This maintenance shall include, without limitation, maintenance, repair and replacement of all landscaping including the maintenance of the irrigation system and improvements (Water District 125) situated on the Common Areas. Common areas are identified on Exhibit B. 6.1.1 ASSOCIATION'S RESPONSIBILITY FOR STORM DRAINAGE SYSTEM. The storm drainage system was installed under Public Works permit number PW18-0096 and should be maintained to the current Operations and Maintenance Standards of the City of Tukwila. See Exhibit G, Storm Drainage Maintenance Plan. Lot 24 is responsible for its separate storm drainage plan per recorded document #xxxxxtbd in King County records. Lot 24 has an emergency overflow for additional capacity. 6.2.1. Unless and until the Owners vote in favor of the Association providing such painting and roofing as part of the Exterior Maintenance, each Owner shall remain responsible for such maintenance on the Owner's Townhome. 6.2.2. No Owner may modify the exterior of their Townhome or the screens, doors, awnings or other portions of their Townhome visible from outside the Townhome without the prior written consent of the Board or in accordance with the rules and regulations of the Association. In particular, except as otherwise provided bylaw, no solar panel, radio or television antenna, satellite dish or other appliance may be installed on the exterior of a Townhome without the prior written consent of the Board which shall not be unreasonably withheld. The Owners shall not repaint, reroof or replace the glass or screens in the windows or doors of their Townhomes except with materials of similar color and quality to those originally installed or as otherwise approved pursuant to Section 7.3. 6.2.3. Exterior Maintenance shall be performed at such time as the Board considers necessary to preserve and protect the appearance and condition of the Townhomes within the Community. Osterly Park Townhomes Declaration page 13 146 6.3. OTHER ASSOCIATION MAINTENANCE PROVISIONS. 6.3.1. The Association shall have the right, but not the obligation, to maintain other property not owned by the Association, whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Without limitation, such maintenance may include portions of any Lot that contribute to the overall appearance of the entrance to the Community or otherwise as reasonably determined by the Board. 6.3.2. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees or invitees of any Owner, and is not covered or paid for by insurance, in whole or in part, then the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 6.3.3. All maintenance undertaken by the Association shall be performed consistent with the Community -Wide Standard. 6.4. OWNER'S RESPONSIBILITY. Except for the Exterior Maintenance undertaken by the Association pursuant to Section 6.2 above, each Owner is responsible for maintenance, repair and replacement of the Owner's Townhome, any portions of the Lot or improvements thereon not made subject to maintenance, repair and replacement by the Association herein. Each Owner shall, at the Owner's sole expense, keep the interior of the Owner's Townhome and its equipment, appliances and appurtenances in a clean and sanitary condition, free of rodents and pests, and good order, condition and repair and shall do all redecorating and painting at anytime necessary to maintain the good appearance and condition of the Townhome. 6.4.1. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. 6.4.2. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair or replacement, or, in the event that such maintenance, repair or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide Osterly Park Townhomes Declaration page 14 147 any such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 6.4.3 MAINTENANCE OF SHARED DRIVEWAYS. Each unit owner shall pay an equal pro rata share of driveway maintenance and repair expenses for the driveway specific to that unit owner. It is anticipated that every two buildings or (4) units shall each share a driveway so there will be two shared driveways for the initial (8) units and so on. Therefore, each unit owner shall be responsible for 25% of the expense(s) related to the maintenance and repair of each shared driveway specific to or belonging to that unit owner. Driveways not shared by the unit owner shall be shared amongst the unit owners which share each specific driveway. 6.4.4 MAINTENANCE OF RETAINING WALLS. Each unit owner of Lots 1 thru 23 shall pay an equal pro rata share of the maintenance and repair expenses for all retaining walls in the subdivision. 6.5. CONVEYANCE OF COMMON AREAS BY DECLARANT TO ASSOCIATION. Declarant may transfer or convey to the Association any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association for the benefit of all or a part of its Members. ARTICLE 7 USE RESTRICTIONS AND RULES 7.1. GENERAL. The Board may, from time to time, without consent of the Members, promulgate, modify or delete other use restrictions and rules and regulations applicable to the Community so long as any such restrictions, rule or regulation is not contrary to the terms of this Declaration. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled or modified in a regular or special meeting by a majority of the Total Association Vote. 7.2. RESIDENTIAL USE. All Lots shall be used for residential purposes exclusively. No business or business activity shall be carried on, in or upon any Lot at any time except that an Owner or occupant of a Lot may conduct business activities within the Lot so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Lot; (b) the business activity conforms to all zoning requirements; (c) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees or door-to-door solicitation of residents of the Community; and (d) the business activity is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Community, as may be determined in the Board's sole discretion. This Section 7.2 shall not apply to any activity conducted by the Declarant or a builder approved by the Declarant with respect to its development and sale of any Lot. Osterly Park Townhonzes Declaration pagel5 148 7.3. ARCHITECTURAL STANDARDS. All Townhomes and other structures (including, without limitations, concrete or masonry walls, rockeries, fences or other structures) to be constructed within the Community, and all exterior alterations and repairs (including, but not limited to, reroofing or repainting) of any Townhomes or other structures on the Property must be approved by an Architectural Review Committee ("ARC") composed of three or more Owners designated from time to time in writing by the Board; provided, that so long as Declarant owns any Lots within the Community, Declarant at its option may exercise all of the rights and powers of the ARC under this Osterly Park Townhomes Declaration page 16 149 Section 7.3 including without limitation the appointment of members of the ARC. Complete plans and specifications of all proposed buildings, structures, and exterior alterations and repairs together with detailed plans showing the proposed location of the same on the particular Lot and other data requested by the ARC, shall be submitted to the ARC before construction, alteration or repair is started. This project was subject to City of Tukwila design review under permit numbers L08-076 and L12-005, and L18-0065. Any major changes to the development shall be reviewed by the City. 7.3.1. The ARC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and as to location of the building with respect to topography, finish grade elevation and building setback restrictions. 7.3.2. In the event the ARC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, such approval will not be required. 7.3.3. All plans and specifications for approval by the ARC must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration or repair starting date. 7.3.4. The ARC may require that said plans or specifications shall be prepared by an architect or a competent house designer, approved by the ARC. One complete set of said plans and specifications shall in each case be delivered to and permanently left with the ARC. All buildings or structures shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ARC. The ARC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ARC's reasonable opinion, aesthetic or otherwise. 7.3.5. In so passing upon such design, the ARC shall have the right to take into considerationthe suitability of the proposed building or other structure, the material of which it is to be built, the exterior color scheme, the site upon which it is to be erected, the harmony thereof with the surroundings, and the effect or impairment that said structures will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ARC's opinion, shall affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 7.3.6. The ARC shall have the right to disapprove the design or installation any recreational structure or equipment, in the ARC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ARC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all of the Lots Osterly Park Townhomes Declaration pagel5 150 located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purpose of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all buildings and structures. 7.3.7. The ARC shall have the right to require, at Owner's expense, the trimming (or, if deemed necessary by the ARC, removal) of any tree, hedge, or shrub on a Lot which the ARC determines is unreasonably blocking or interfering with the view or access to sunlight or another Lot. 7.3.8. Notwithstanding any provision contained in this Article, under no circumstance shall the ARC approve any action to construct, alter, restore or repair any structure, improvement, landscape, etc., which would be contrary to any condition of approval of the Plat of Osterly Park Townhomes as set forth under City of Tukwila subdivision file for the Plat. 7.3.9. Declarant (including any successor in interest to Declarant's status as Declarant) shall not be subject to the restrictions on this Section 7.3 as to any Lot owned by the Declarant. However, Lot 24 shall be subject to and governed by the same rules and regulations as all other members controlled by Section 7. 7.4. SIGNS. Except as otherwise provided by RCW 64.38.034, no sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the Board. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs. "For Sale" and "For Rent" signs and security signs consistent with the Community -Wide Standard and any signs required by legal proceedings may be erected upon any Lot. The provisions of this Section shall not apply to any Person holding a Mortgage who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first Mortgage or as transferee pursuant to any proceeding in lieu thereof. 7.5. OCCUPANTS BOUND. All provisions of the Governing Documents which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants even though Occupants are not specifically mentioned. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 7.6. NUISANCE. Except for the exterior maintenance responsibilities of the Association, it shall be the responsibility of each Owner and Occupant to prevent the development of any unclean, unhealthy, unsightly or unkempt condition on his or her Lot. No property within the Community shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort or serenity of the Osterly Park Townhomes Declaration page 17 151 occupants of surrounding property. No noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. No plant or animal or device or thing of any sort shall be kept on any Lot whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law. 7.7. SUBDIVISION OF LOT. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Board. Declarant, however, hereby expressly reserves the right to replat any Lot or Lots owned by Declarant. Any such division, boundary line change or replatting shall not be in violation of the applicable subdivision and zoning regulations. 7.8. FENCES. Except as originally installed by Declarant, no fence or fencing type barrier of any kind shall be placed, erected, allowed or maintained upon any portion of the Community, including any Lot, without the prior written consent of the ARC. 7.9. AIR-CONDITIONING UNITS. Except as may be permitted by the ARC, no air-conditioning units may be installed. Installation of any permitted air-conditioning unit shall be performed by a professional air-conditioning contractor licensed and bonded in the State of Washington. 7.10. LIGHTING. Except as may be permitted by the ARC, exterior lighting visible from the street shall not be permitted except for (a) approved lighting as originally installed on a Lot or (b) seasonal decorative lights, subject to such restrictions as may be established by the Board. Common payment and maintenance shall be shared equally. Lighting hours of operation will be from 9pm to 6am. 7.11. MAILBOXES. All mailboxes serving the Lots shall be clustered in a kiosk style as originally installed by Declarant or as otherwise approved by the ARC. 7.12. PARKING. Unless kept within a garage, no inoperable vehicle, recreational vehicle, house trailer, mobile home, boat, trailer or commercial vehicle shall be parked within the Community overnight. In addition, no parking shall be allowed on the private streets within the Community at anytime, except within on -street guest parking spaces as shown on the Plat of Osterly Park Townhomes. Guest parking spaces are reserved for guests visiting an occupant or owner of a residence in the Osterly Park Townhomes; no owner or occupant of any townhome may park in the guest parking spaces. Guests shall be limited to a maximum parking time per space of 24 hours. 152 7.13. PETS. No more than two (2) household pets may be kept on a Lot at anytime and then only when in compliance with rules and regulations adopted by the Board. The Board may at anytime require the removal of any such pet that it concludes is disturbing any other Owner through noise or other behavior. The Board may exercise Osterly Park Townhomes Declaration page 19 153 this authority with regard to specific pets even though other pets are permitted to remain on the Property. 7.14. GARBAGE. Owners shall regularly dispose of their garbage and other debris in containers designed for such purpose. Such containers shall be kept in the Owner's garage until the day designated for pickup. Disposal of garbage and recycling of materials shall be subject to such rules and regulations as may be adopted by the Association. 7.15. EXTERIOR SECURITY DEVICES. No exterior security devices, including, without limitation, window bars, shall be permitted on any Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system shall not be deemed to constitute an exterior security device. 7.16. EXTERIOR AREAS OF LOTS. The exterior areas of Lots (i.e., any area outside the Townhome built on any Lot) are generally restricted to use for landscaping; provided, however, that an Owner may keep typical patio furniture and one barbeque on the exterior of the Owner's Lot so long as any such furniture or equipment is clean and in good working order. In no event shall an Owner keep or maintain a hot tub, spa, pool or similar facility on the exterior of the Owner's Lot. Similarly, no lawn statuary, basketball hoops or similar play equipment shall be maintained on the exterior of any Lot. 7.17. LANDSCAPING. Except for plantings in pots on decks, porches or patios, no Owner shall alter the landscaping on the Owner's Lot without the express consent of the ARC. ARTICLE 8 INSURANCE 8.1. ASSOCIATION INSURANCE. The Association shall, subject to change by Board action on advice of the Association's insurance advisors, maintain at all times as an Association expense a policy or policies and bonds written by companies licensed to do business in Washington providing: 8.1.1. If and only if the Board, upon advice of its insurance advisors, determines it to be necessary in light of the limited nature of the Common Areas, property insurance covering the Common Areas with premiums being paid as a common expense of all Owners, protecting against fire and all other hazards normally covered by standard extended coverage endorsements and all other perils customarily covered for similar property, including those covered by the standard "all risk" endorsements, if available. If obtained, such insurance shall be in the amount of 100% of the current replacement cost of the Common Areas. The Association shall be named as the insured as trustee for the benefit of the Owners and Mortgagees, as their interests appear. 154 8.1.2. Liability insurance insuring the Board, the Association, Owners, Declarant, and any managing agent, with a "Severability of Interest Endorsement" or equivalent coverage that would preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or of another Owner, and shall cover liability of the insureds for property damage, bodily injury, and death of persons arising out of the operation, maintenance, and use of the Common Areas, and such other risks as are customarily covered with respect to residential projects of similar construction, location, and use. The limits of liability shall be in amounts generally required by Mortgagees for projects of similar construction, location and use, but shall be at least $1,000,000 combined single limit for bodily injury and property damage per occurrence and $2,000,000 general aggregate. 8.1.3. Workers' compensation insurance to the extent required by applicable laws. 8.1.4. A fidelity bond or insurance for any person who either handles or has responsibility for funds that the Association holds or administers, whether or not such person is compensated for services, naming the Association as the obligee and said bond or insurance should cover the maximum amount of funds to be handled at any time while the bond or insurance is in force and a minimum three months' assessments for all Unit Lots within the Community. If a professional manager is employed by the Association and such manager handles funds for the Association, the manager shall maintain the same coverage as the Association. 8.1.5. Such other insurance as the Association deems advisable; provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect coverage meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Governmental National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration ("Secondary Market Agencies"), so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by such agencies. 8.2. PAYMENT AND ENDORSEMENTS. Funds to cover the costs of insurance to be maintained by the Association shall be included in the Association's operation reserve account. The policies of insurance shall include endorsements as required by any Mortgagee or any Secondary Market Agency and all such insurance shall be continuously in effect. 8.3. OWNER'S INSURANCE. Each Owner shall continuously maintain in effect insurance with respect to such Owner's Unit Lot and the improvements constructed thereon covering such casualties and liabilities and meeting the insurance requirements as now or hereafter established by the Secondary Market Agencies so long as any such agencies are either a Mortgagee or an Owner of a Unit Lot, except to the extent such coverage is not available or has been waived in writing by such agencies. Upon request Osterly Park Townhonaes Declaration page 21 155 by the Association, each Owner shall provide satisfactory written evidence that such insurance is being maintained and that all premiums therefore have been paid. If an Owner fails to obtain any required insurance or fails to pay the premium therefor, the Association may (but shall not be obligated to) obtain such insurance and/or make such payments for such Owner, and add the cost of such payments, as a specific assessment, to the normal assessment of such Owner. 8.4. RECONSTRUCTION. In the event of damage or destruction by fire or other casualty of any Unit Lot and improvement thereon, the Owner thereof shall repair or rebuild such damage or destroyed portions of the Unit Lot and improvements in a good workmanlike manner substantially the same as the original plans and specifications of said property in accordance with plans approved by the Association pursuant to Section 7.3. If the Owner refuses or fails to so repair or rebuild within thirty (30) days or such greater period as may be reasonably determined by the Board, the Association may perform such repair and rebuilding. The Owner must reimburse the Association for the amount actually expended for such repairs or reconstruction, and the Association shall have a lien securing such payment in the same manner provided for herein for assessments. ARTICLE 9 EASEMENTS 9.1. EASEMENTS FOR ENCROACHMENT AND OVERHANG. (a) There shall be an appurtenant easement for that portion of the roof of any improvements constructed on any Lot which overhangs an adjacent Lot or Lots to the extent the roof overhang was originally constructed by Declarant. This easement shall allow for the Owner of the benefited Lot to have temporary access to the servient Lot for maintenance, repair and replacement of such roof overhang so long as the benefited Lot Owner indemnifies and holds the servient Owner harmless from any damage to the servient Lot in connection with such maintenance, repair or replacement. (b) At some point in time there may be reciprocal appurtenant easements for encroachment and overhang as between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration) to a distance of not more than five (5) feet, as measured from any point on the common boundary between each Lot and the adjacent portion of the Common Areas or as between adjacent Lots, as the case may be, along a line perpendicular to such boundary at such point. 9.2. EASEMENTS FOR USE AND ENJOYMENT. 9.2.1. Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the right of the Association to establish 156 reasonable rules and regulations with regard to the operation, maintenance, repair and replacement of the Common Areas including its use and enjoyment by an Owner, and the Owner's family, tenants, guests and invitees. Without limitation, the Common Areas include those areas described in Exhibit B. 9.2.2. Any Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the occupants of such Owner's Lot, if leased. 9.3. GRANT OF EASEMENT FOR UTILITIES. The following easements with regard to utilities serving the Community are hereby granted and declared by Declarant. 9.3.1. Declarant declares that electrical power wires, natural gas pipelines, cable wires, water pipelines and plumbing pipelines which provide services to the Lots were installed within the Townhomes at locations which are not clearly identified on any map or plan. Such wires, pipes and lines were installed between the floor or ceiling joists and/or in the party wall in accordance with applicable building and electrical codes. Declarant grants an easement for utility purposes over and across each Lot where each such wire, pipe and/or line currently lies in favor of the Lots served by such wires, pipes and/or lines. In the event any repair or replacement of any such wire, line or pipe is required by any Owner and such repair or replacement requires entry into another Owner's Townhome, the "Consenting Owner" (i.e., the Owner of the Lot which will be entered) agrees to grant reasonable rights of entry for such purposes and further grants such other Townhome Owner the right to make such repairs or replacements from within such Consenting Owner's Townhome, on condition that the Owner in need of such entry and such work pays the cost of such work and restores the Consenting Owner's Townhome to the same condition it was before such entry and work therein. This provision is intended to be interpreted in favor of the Consenting Owner who must grant entry for such purposes and shall be liberally interpreted to ensure that a Consenting Owner is not damaged by such work. 9.3.2. Declarant grants an easement for water, drainage pipes and related equipment which form a part of the drainage and retention system which services the property, electric power, cable, natural gas, telephone, over, under and across the Lots and Common Areas, as constructed, in favor of the utility suppliers serving the Community. The intent of this easement is to allow the suppliers of such utility services (and the Association with respect to the drainage and retention system) a reasonable right to access and right to make necessary repairs and replacement of component parts of the utility service systems. The Owners who benefit from any work in such utility easement area shall bear the cost of such repair and replacement and are obligated to restore the ground surface or the side of the structure to the same condition it was prior to such utility repair or replacement. Osterly Park Townhomes Declaration page 23 157 9.4. EASEMENT FOR ASSOCIATION'S ENTRY ON LOTS. The Association shall have the right, but shall not be obligated, to enter upon any Lot within the Community for emergency, security and safety reasons, which right may be exercised by the Association's manager, and all police officers, firefighters, ambulance personnel and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. This right of entry shall include the right of the Board to enter to cure any condition which may increase the possibility of a fire, slope erosion or other hazard in the event an Owner or Occupant fails or refuses to cure the condition upon request by the Board. 9.5. EASEMENT FOR MAINTENANCE. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Property (including Lots), determined in the sole discretion of the Association, as are necessary to allow for the Association's performance of Exterior Maintenance as set forth in Section 6.2 and all other work required under Article 6. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 9.7. CONSTRUCTION AND SALE PERIOD EASEMENT. So long as Declarant owns any Property in the Community for development and/or sale, Declarant reserves a right of access across all Property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Property as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient or incidental to Declarant's and such builder's or developer's development, construction and sales activities related to Property subject to this Declaration, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap -on or any other fee for so doing), replace, 158 relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to operate model residences and a sales office for the Community. 9.8. EASEMENTS FOR VEHICULAR ACCESS. Declarant hereby declares that that the Owners of the following Lots shall have the following easements for vehicular and pedestrian access: 9.8.1. Lots [1], [2), {5) and [6} are hereby declared to have a non-- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [1], [2}, {5) and [6), legally described on Exhibit C attached hereto and incorporated herein by this reference.. 9.8.2. Lots [3], [4], [7) and [8] are hereby declared to have a non- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Lots [3], [4], [7} and [8}, legally described on Exhibit D attached hereto and incorporated herein by this reference. 9.8.3. Phase II Lots [9], [10} and [11}, [12J are hereby declared to have a non-- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Phase II Lots [9], [10) and [11}, [12] legally described on Exhibit E attached hereto and incorporated herein by this reference. 9.8.4 Phase II Lots [13), {14} and [15) are hereby declared to have a non-- exclusive easement for vehicular and pedestrian ingress and egress, and for all other functions normally associated with a driveway, over, under and across that certain portion of Phase II Lots [13), {14) and [15), legally described on Exhibit F attached hereto and incorporated herein by this reference. Osterly Park Townhomes Declaration page 25 159 ARTICLE 10 PARTY WALLS AND OTHER SHARED STRUCTURES 10.1. GENERAL RULES OF LAW TO APPLY. Each wall or similar structure built as a part of the original construction on the Lots which serves and/or separates any two adjoining Lots shall constitute a party structure. To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 10.2. MAINTENANCE; DAMAGE AND DESTRUCTION. The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure. If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it. If other Owners thereafter use the structure, they shall contribute to the restoration cost in equal proportions. However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions. 10.3. RIGHT TO CONTRIBUTION RUNS WITH LAND. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors -in -title. ARTICLE 11 CONSENSUS FOR ASSOCIATION LITIGATION Except as provided in this Article, the Association shall not commence a judicial or administrative proceeding without the approval of Owners representing at least 75% of the Total Association Vote. This Article shall not apply, however, to (a) actions brought by the Association to enforce the Governing Documents (including, without limitation, the foreclosure of liens); (b) the collection of assessments; (c) proceedings involving 160 challenges to ad valorem taxation; (d) counterclaims brought by the Association in proceedings instituted against it; or (e) actions brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor. This Article shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. ARTICLE 12 MORTGAGEE PROTECTION 12.1. ABANDONMENT OF DECLARATION. Neither the Association nor the Owners shall, without consent of 75% of all first Mortgagees of record of the Lots, seek by act or omission to abandon this Declaration or cause any Lot to be removed from the provisions hereof. 12.2. PARTITIONS AND SUBDIVISIONS. Neither the Association nor the Owners shall combine or subdivide any Lot or accept any proposal to do s o without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s), so affected. 12.3. CHANGE IN ASSESSMENT METHODS, ETC. Neither the Association nor the Owners shall make any material amendment to the Declaration or Bylaws (including changes in the methods of allocating assessments among the various Lots) without the prior approval of 75% of all first Mortgagees of record of the Lots, and without the unanimous approval of the Mortgagee(s) of the Lot(s) for which the method of assessment allocation would be changed. 12.4. COPIES OF NOTICES. Written notice that an Owner/Mortgagor of a Lot has for more than thirty (30) days failed to meet any obligation under the Declaration or Bylaws shall be given by the Association to any first Mortgagee of such Lot who has requested to so be notified. Any first Mortgagee shall, upon request, be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. 12.5. EFFECT OF DECLARATION AMENDMENTS. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage. Any provisions of this Declaration conferring rights upon Mortgagees which is inconsistent with any other provisions of said Declaration or the Bylaws shall control over such inconsistent provisions. 12.6. INSPECTION OF BOOKS. First Mortgagees shall be entitled to inspect at all reasonable hours of week days all of the books and records of the Association, and, upon Osterly Park Townhomes Declaration page 27 161 request, to receive the annual financial statement of the Association within ninety (90) days following the end of the fiscal year of the Association. 12.7. AMENDMENTS BY BOARD. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 13 GENERAL PROVISIONS 13.1. ENFORCEMENT. Each Owner and Occupant shall comply strictly with the Bylaws, the rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. The Board of Directors may impose fines or other sanctions, which shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The Board shall have the right to record in the appropriate land records a notice of violation of the Declaration, Bylaws, rules and regulations, use restrictions, or design guidelines and to assess the cost of recording and removing such notice against the Owner who is responsible (or whose Occupants are responsible) for violating the foregoing. 13.2. SELF-HELP. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Lot or any other portion of the Community to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates this Declaration, the Bylaws, the rules and regulations or the use restrictions. Unless an emergency situation exists, the Board shall give the violating Lot Owner ten (10) days` written notice of its intent to exercise self-help. Notwithstanding the foregoing, vehicles may be towed after reasonable notice. All costs of self-help, including, without limitation, reasonable attorneys' fees actually incurred, shall be assessed against the violating Lot Owner and shall be collected as provided for herein for the collection of assessments. 13.3. DURATION. The covenants and restrictions of this Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors and assigns, perpetually to the extent provided by law. 162 13.4. AMENDMENT. This Declaration may be amended unilaterally at any time and from time to time by Declarant, except Lot 24 Declarant (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (b) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (c) if such amendment is required by an institutional or governmental lender or purchaser or mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (d) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, during the Declarant Control Period, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. In addition to the above, this Declaration may be amended upon the affirmative vote or written consent, or any combination thereof, or the Owners of at least 67% of the Lots and the consent of Declarant until expiration of the Declarant Control Period. Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 13.5. GENDER AND GRAMMAR. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 13.6. SEVERABILITY. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 13.7. CAPTIONS. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 13.8. INDEMNIFICATION. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or Osterly Park Townhomes Declaration page 29 163 reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 13.9. BOOKS AND RECORDS. 13.9.1. Inspection by Members and Mortgagees. This Declaration, the Bylaws, copies of rules and use restrictions, membership register, books of account and minutes of meetings of the members of the Board and of committees shall be made available for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. with respect to: 13.9.2. Rules for Inspection. The Board shall establish reasonable rules (a) notice to be given to the custodian of the records; (b) hours and days of the week when such an inspection may be made; and (c) payment of the cost of reproducing copies of documents. 13.9.3. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extra copies of documents at the reasonable expense of the Association. 13.10. FINANCIAL REVIEW. A review of the books and records of the Association shall be made annually in the manner as the Board of Directors may decide; provided, however, after having received the Board's financial statements at the annual 164 meeting, by a majority of the Total Association Vote, the Owners may require that the accounts of the Association be audited as a common expense by a certified public accountant. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial statements within ninety (90) days of the date of the request. 13.11. NOTICE OF SALE, LEASE OR ACQUISITION. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. The Association reserves the right to limit the number of non -owner occupied rental leases in the Osterly Park Townhomes Community to allow for no more than 20% of the total number of townhomes at any one time. 13.12. AGREEMENTS. All agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 13.13. IMPLIED RIGHTS. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 13.14. VARIANCES. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any rule, regulation or use restriction promulgated pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community; provided, however, that no variance shall be contrary to City of Tukwila ordinances, all of which must be complied with by Owners. Osterly Park Townhonzes Declaration page 31 165 EXECUTED as of the day and year first set forth above. DECLARANT: 144th Street REO Partners, LLC, STATE OF WASHINGTON ss. COUNTY OF KING By: Print Name: Michael D. Overbeck Its: Managing Member On this day personally appeared before me Michael D. Overbeck to me known to be the Managing Member of 144th Street REO Partners, LLC a limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Seattle, WA 166 EXECUTED as of the day and year first set forth above. Michael D. Overbeck, STATE OF WASHINGTON ss. COUNTY OF KING By: Print Name: Michael D. Overbeck On this day personally appeared before me Michael D. Overbeck to me known to be the individual that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such individual, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Seattle, WA Osterly Park Townhomes Declaration page 33 167 EXECUTED as of the day and year first set forth above. Mengstab Tzegai, STATE OF WASHINGTON ss. COUNTY OF KING By: Print Name: Mengstab Tzegai On this day personally appeared before me Mengstab Tzegai to me known to be the individual that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such individual, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at Seattle, WA 168 EXHIBIT A LEGAL DESCRIPTION Plat of Osterly Park Townhomes, Osterly Park Townhomes Lot 1 Osterly Park Townhomes Lot 2 Osterly Park Townhomes Lot 3 Osterly Park Townhomes Lot 4 Osterly Park Townhomes Lot 5 Osterly Park Townhomes Lot 6 Osterly Park Townhomes Lot 7 Osterly Park Townhomes Lot 8 Phase II: Osterly Park Townhomes Lot 9 Osterly Park Townhomes Lot 10 Osterly Park Townhomes Lot 11 Osterly Park Townhomes Lot 12 Osterly Park Townhomes Lot 13 Osterly Park Townhomes Lot 14 Osterly Park Townhomes Lot 15 Osterly Park Townhomes Lot 16 Osterly Park Townhomes Lot 17 Osterly Park Townhomes Lot 18 Osterly Park Townhomes Lot 19 Osterly Park Townhomes Lot 20 Osterly Park Townhomes Lot 21 Osterly Park Townhomes Lot 22 Osterly Park Townhomes Lot 23 Osterly Park Townhomes Lot 24 {Mengstab Tzegai} Osterly Park Townhomes Declaration 169 EXHIBIT B DESCRIPTION OF COMMON AREAS 1. The following areas are subject to Maintenance by the Association (Additional common areas may be designated by the declarant or the association pursuant to this declaration) 2. TracT B for recreation purposes, including Raised bed planters 3. Tract C for recreation purposes, including seating, landscaping g, playground equipment, and fencing 4. Tract D of ingress, egress, and Utilities: as well as landscaping strips, landscaping, sidewalks, guest parking areas, and both cluster mailboxes. 5. Recreation Easement A for recreation and landscape purposes. Including seating and raised bed planter. 6. Recreation Easement B for recreation and landscape purposes. Including seating and raised bed planter. 7. Fencing, retaining walls and signs (if any) constructed on the lines between any Common Area administered and maintained by the Association and the abutting lots. 8. Landscape strips, planter islands, planted medians, entrance landscaping and entrance monument signage for the Property. 9. Easement across all Lots for storm drainage purposes and maintenance of said storm maintenance system. 0. Street lighting system installed by Declarant in the Property. ii. Sidewalks and walkway areas providing access to each lot and to recreation tracts and easements. 12. Irrigation systems serving the common areas. 13. Retaining walls constructed along north side of the S. 144th St. Osterly Park Townhomes Declaration 170 EXHIBIT B DESCRIPTION OF COMMON AREAS AND EASEMENTS (to be updated with recorded copy) CITY OF TUKWILA FILE NO. L08-079 City of Tukwila Plat of Osterly Park Townhomes (PHASE TWO) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, WM., in King County, Washington QEDIPAWN E)STSTINC, IEigAL DESCIiiimotu,q, .. TUNAILAAPPRQYALS FUEL IC WORKS DiREC ENE& CEP WI, TE Y:4 ! 4 5,555 '551, r ,755 1 !,5, 1,55-5575555, 55555. 515,55 '7, U51555.7 L.555 5,55555 5755 1115 IRE ',ZIT., VP4 ,551555, 755- . 1.1t.5 :S!';5'-V57.5.51V151.5:51:5555.!,▪ :'51' • n.11 555,5 5,555 _ 55555_5 A7N9.11LEankeg3...._.._ F.ATT 55.55.5•5 55 '55 511511.51, 5555.11511,455 5,55 5555115, AN, 55555515551PLL /EFTA ,• ram. •run••••,, VI, 5! 05 ,5,51.5 55 455 .55.105,1555 50551TED 51,51555 55, 55 55115 1515C 55.5555,51, TrArc 1,771 VICINITY / , AAG/5,55 (WE MILER TIFF RF.TE: 41 515E,, !!I 11.55 5525 , 5515 I' 55.71555 5.5 55555,1751.7 EFFEIFIC:JE CEFE1 FICA nr I 55555 45,55,5 555555. ,I7 5,5555 • DIRECTOR on COMMUNITY DEVELOPMENT 55,555,5 , 55,55055 5 -5,15555, :,111CF..11M(LAJBEAM-FalLMHLIEE - • L 115,5,55 C555155 MATCHAIIP0LE65. YAL. KINO.cOATLAPIROYALS_ mcoortnympurrfz. ccfrovar: Cr0 CP14117 DEPARDVENT Oe AfZESOVElftS SHEET .1 Of SCFIROETERZLANC SURVEYING I;Tr I 551 175 TIFF— %TWEE T, !E/F2 Osterly Park Townhomes Declaration 171 CITY OF TLIKVVitA FILE NO, L08-079 City of Tukwila Plat of Osterly Park Townhomes (PHASE TWO) Portion of the NW 1/4 of the NW 1/4 of Section 22, Township 23 North, Range 4 East, W.M., King County. Washilvon 14,,,14444.1144,44/41.4134.5,44.1.941. 3', of 11,16,4 _TE69LEta,5.-E9ANIIVITIA11hS_EAPEME;;NT. 431,11.41 1.14, 4 , 71/T;';71.1. 1; 'I •11, • 14111,1144 , .4331 1.371111,4 131.....34,1141,111 3.4j 41/ 11,1 411 1 131 4, .43, 434,511,11. ,11.1 ma, T1:11:1111 /314 33 m1;131 11' 114111114,11;11 11,313.0 4441;P'41‘1°.;111't 3,1„ • '; ;44:31'4 1314;1, , 414114 4111 4313/343113 11111.4,11,13 411141,11, ,14.7103, 11.11,1,1111111,11. C.,41,13 4113. 4.11,11,3131,1 114 C-111.11, 13,41,4, DRIVEWAY EASEMENTS 111111, 14, 311 31 liD —13 OM. f...E3310.4, 11134,4,3; 3131131 [113,/i411. 41.343 `, A1,11, , ;3114 1130 11. , RECREATION EASEMENTS . >Ai "D4,31 01 741 , , 4.41,3 i,111 11,4,3 4 414,44.. 19ACT 0 FECFF_AllON,TRACT (1-1ASE...0W) /.u0,0-." CF. P'1W-"r'," . . t ,F,C, SHEET 2 OF 4 SCHROEITReu,,D Skint rING Osterly Park Townhomes Declaration 172 Orr( OF TUE/lI A FILE NO. LOS 079 LOT AND TRACT f0RE4 ot LOT ADORES, City of Tukwila Plat of Crterfy Pork Townhomos (PHASE TWO) .A of awl NW / of soul ? l wnsnip 23 Nord, Alm, dEn,t. A:TA, li,Y 000 "4y. 6Nathcrr,Tfon [BLOCK 2j 2 itll LO+n�TH r MOrt,nxfl Uv.v t^[N. a�'r�,G TLrt+.»rpfFc Iti m+ax<.rnu COT/DO :UN Co.., 6,1,1HI LOT24 — TRACT INGRESS, EGRESS AND UTILITIES TRACT --- EAT EA 2MEN1 p RECREA T OTT EASE ITA•' 0 NORTH SHEET3 OF 4 CHROETERWilILAND SURVEYING Osterly Park Townhomes Declaration 173 CITY OF TUKWiLA FILE NO. !MG' City of Tukwila Plat of Oslarlyo Park Townhomas (PHASE TWO) r INan orrin NW V4 allhn ;,W;' 1/4 cl Sgc7 n 2Z Rnvnomp 23 No4"; R7.:(/ 4 East, / , i 1 KinCevmy. Wnahmptwl TRACT E, RECREATION EASEMENTS. DRIVEWAY AND SIDEWALK EASEMENTS LOCATION w,l I gin„ 111.> F GRAPHIC SCra.c I 3 DOJi01,1a✓ IBLOCK 2 /LOT Li FL,I I TINHTY :I.Wkrl GG+AMAI VOA. a ILL. I!yxa iLMalt/WAY!] YINi31Y ((/. R SfN?Hi .CM .lNf.f,M111 JOL ]91�Y! ! LOT 24 —_TRACT D. INGRESS, EGRESS AND UTILITIES TRACT _ RECREATION Et$7MENr9 ry * ECREATIGM EASEMEN'7`I SCHROE LOT SHEET 4 OF 4 ERZLAND SURVEYING LJ Osterly Park Townhomes Declaration 174 EXHIBIT C DESCRIPTION OF VEHICULAR ACCESS (Lots [1 J, [2], {5} and [6] NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 1, 2, 5, AND 6 THAT PORTION OF THE LOTS 1, 2, 5, AND 6, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF THE EAST 20.00 FEET OF LOT 1; AND THE SOUTH 12 FEET OF LOT 2; AND THE NORTH 12 FEET OF THE EAST 20 FEET OF LOT 5; AND THE NORTH 12 FEET OF LOT 6. 175 EXHIBIT D DESCRIPTION OF VEHICULAR ACCESS (Lots {3J, [4), [7]and {8} NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR LOTS 3, 4, 7, AND 8 THAT PORTION OF THE LOTS 3, 4, 7, AND 8, PLAT OF OSTERLY PARK TOWNHOMES, DESCRIBED AS FOLLOWS: THE SOUTH 12 FEET OF LOT 3; AND THE SOUTH 12 FEET OF THE WEST 20.00 FEET OF LOT 4; AND THE NORTH 12 FEET OF LOT 7; AND THE NORTH 12 FEET OF THE WEST 20.00 FEET OF LOT 8. Osterly Park Townhomes Declaration 176 Exhibit E EASEMENT FOR VEHICULAR ACCESS PHASE II [Lots 9,10,11,12J (Lots 9,10,11 and 12) NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON 9, 10, 11 AND 12. THAT PORTION OF LOTS 9, 10, 11 AND 12 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE II) CITY OF TUKWILA, FILE NO. L08-079 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9, PLAT OF OSTERLY PARK TOWNHOMES (PHASE I I ); THENCE NORTH 01"09"52" EAST, ALONG THE WEST LINE OF SAID LOT 14, 12.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88"50"22" EAST 41.93 FEET; THENCE SOUTH 01"09"35" WEST 24.00 FEET; THENCE NORTH 88"50"22" WEST 41.94 FEET TO THE WEST LINE OF SAID LOT 11; THENCE NORTH 01"09"52 EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING. Osterly Park Townhomes Declaration 177 Exhibit F EASEMENT FOR VEHICULAR ACCESS PHASE II [Lots 13,14,151 NEW PRIVATE 24 FOOT DRIVEWAY EASEMENT FOR THE BENEFIT OF TOWNHOMES ON LOTS 13, 14 AND 15, PLAT OF OSTERLY PARK TOWNHOMES (PHASE II) DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 13, 14 AND 15 OF THE PLAT OF OSTERLY PARK TOWNHOMES (PHASE II), CITY OF TUKWILA, BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13, THENCE NORTH 88"50"22" WEST, ALONG THE NORTH LINE OF SAID LOT 13, 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88"50"22 WEST 42.42 FEET TO A POINT ON A CURVE WHICH BEARS SOUTH 79"57"05" EAST 40.00 FEET FROM THE CENTER POINT OF SAID CURVE; THENCE ALONG THE ARC OF SAID CURVE IN A SOUTHWESTERLY DIRECTION WITH A RADIUS OF 40.00 FEET AND AN ARC OF 27.99 FEET; THENCE SOUTH 88"50"22" EAST 55.69 FEET; THENCE NORTH 01"09"38" EAST 24.00 FEET TO THE TRUE POINT OF BEGINNING. 178 EXHIBIT G STORM WATER POLLUTION PREVENTION PLAN AND MAINTENANCE AGREEMENT (PW10-0146 and PW113-0096) Grantor. OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION, LLC, a Washington State limited liability company Grantee: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): N/A Section/Township/Range: NW1/4 of the NW1/4, Sec. 22, T.23N., R.4E., WM Assessor's Tax Parcel Number(s): 004000-0083 643360-0010 643360-0020 643360-0030 643360-0040 643360-0050 643380-0060 643360-0070 643360-0080 643360-0090 643380-0100 Property Legal Description: PLAT OF OSTERLY PARK TOWNHOMES, PHASE 1 AND PLAT OF OSTERLY PARK TOWNHOMES, PHASE 2, RECORDS OF KING COUNTY, WASHINGTON. THIS STORM WATER POLLUTION PREVENTION PLAN MID MAINTENANCE AGREEMENT made arid entered into this day of , 2019, by and between the City of Tukwila, a municipal corporation of King County, Washington, hereinafter referred to as 'CITY- and OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION, LLC, a Washington State limited liability company, hereinafter referred to as PROPERTY OWNER'. WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of common facilities serving the properties located within the PLAT OF OSTERLY PARK TOWNHOMES, PHASE 1 and the PLAT OF OSTERLY PARK TOWNHOMES, PHASE 2, Tukwila, WA, which create impervious surface; and WHEREAS, the PROPERTY OWNER has completed a storm system as represented and depicted in Exhibit 'A"; and WHEREAS, the PROPERTY OWNER and the CITY desire that the storm system be maintained to provide adequate facilities for controlling both the quantity and quality of storm drainage; and Page 1 of 7 179 WHEREAS, maintenance requirement is a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and WHEREAS, the parties are both desirous of permitting inspection of storm system to make certain that it is functioning properly and for purposes of determining the appropriate repairs. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Section 1, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors, and assigns of the parties. Section 2, MAINTENANCE The PROPERTY OWNER agrees to maintain the storm system in accordance with the ordinances and all applicable codes of the CITY and the Stormwater Pollution Prevention Maintenance and Operation Guidelines and Schedule attached as Exhibit "B" and incorporated herein by this reference. The PROPERTY OWNER does hereby agree that the CITY may enter onto the property of the PROPERTY OWNER to inspect and perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, the PROPERTY OWNER fails to maintain. Further, the PROPERTY OWNER agrees the CITY may enter onto the property of PROPERTY OWNER to perform emergency maintenance in the event of the storm system's failure which might result in adverse impact(s) on public facilities or private facilities of other property owners, In both events the PROPERTY OWNER agrees they shall reimburse the CITY for the costs incurred by the CITY in maintaining the storm system. Should the CITY incur attorney's fees and/or costs in enforcing the agreement and/or in maintaining or collecting maintenance fees, the PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the CITY. Page 2 of 7 180 DATED this day of , 2019. Grantor / Authorized Signature STATE OF WASH I NGTON ss. County of King I certify that I know or have satisfactory evidence that is the person who appeared before me, and said Individual acknowledged that he signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires Page 3 of 7 181 Exhibit "A" Depiction of Private Storm Drainage System Area Page 4 of 7 182 Vr 7 n N 1-- rezYT/AWED NeX7 A 183 2.0N 7/Ni/ED FRDIT PAG' yme/5 ,57/Z4.7 184 CDNT/NUFb NEXT Sl EE'7- 185 ON 7 /Nt/51) Awry P,EY/111/5 S" 17,57 — SIN31613A0ddifil AVM-JO-11-191V '3 3AY HIPS 03S03142,103 frI/P .1.33HS 33£ araig S 1-£ . SI/ 186 Exhibit "B" Stormwater Pollution Prevention Plan for PLAT OF OSTERLY PARK TOWNHOMES, PHASE land the PLAT OF OSTERLY PARK TOWNHOMES, PHASE 2 (PW10-0145 and PW18-0096) Sits Location The common site drainage system is located in TRACT 'A" of PLAT OF OSTERLY PARK TOWNHOMES, PHASE 1 and TRACT 'D' of PLAT OF OSTERLY PARK TOWNHOMES, PHASE 2, located in NW1/4 of the NW1/4, Sec. 22, T.23N., R.4E., WM. The site addresses for plat residences are on 34th Lane S. in Tukwila, WA 98188. The Tax Parcel Numbers are: 004000-0083 (343360-0010 643360-0020 643360-0030 643360-0040 643360-0050 643360-0060 643360-0070 643360-0080 643380-0090 and 643360-0100 Introduction The site drainage system is a detention system with storage under the private roadway, and restricted release to the street storm system in S. 144th Street Primary runoff collection is via conventional Type 1 catch basins along the private roadway, with stubs for collecting roof runoff from the buildings. The flow restrictor is located in a 54diameter Type 2 catch basin, with 12' diameter tee, with restrictor plate and orifice. Detention storage volume is in two long parallel 'infiltrator bed runs under the north portion of the private road. The Infiltrator installation is not used for infiltration since site soils do not infiltrate. The volume within the bed allows detention stored runoff to flow into and out of the void provided by the infiltrator. The Infiltrator type of storage was used due to the shallow available live storage' for the detention system, due to the shallow street release point elevation. Reference is made to the schematic of the site drainage system represented and depicted in Exhibit 'A'. Page 5 of 7 187 Plan Goal The goal of the plan is to treat all on -site final catch basin flow resbictor tee. Preventative BMP's the The catch basins shall have stenciled next to them `DUMP NO WASTE -DRAINS TO STREAM'. An alternate would be adhesive affixed medallions with similar information. No activities are foreseen for the site that would involve the possibility of pollutants entering the system. The private road and driveways shall be leaned and swept as necessary to remove debris. Inspection Inspect all site catch basins at ieratst twice a year, especially after periods of heavy runoff. Maintenance records must be kept for five (5) years and available for City Inspector review. The catch basins are the primary location identified as requiring inspection or maintenance, however the condition and function of the restrictor tee in the final 54" diameter outlet catch basin must also be inspected and maintained. Maintenance Maintenance of the catch basins is per the attached BMP maintenance guidelines attached to this section. The maintenance of the final catch basin restrictor tee is per the BMP guidelines attached to this section. Person of Responsibility Name: OSTERLY PARK TOWNHOMES HOMEOWNERS ASSOCIATION, LLC Person of Responsibility: Mike Overbec*S Association President Emergency Contact Phone Number. 208-787-0259 Page 6 of 7 188 Plan and/or Information Updates The City of Tukwila, Public Works Department, Engineering Division, Storm Drainage Section is to review and approve any changes to this Storm Water Pollution Prevention Plan prior to changes in its implementation. Additionally, any changes in ownership or person of responsibility are to be reported to the City of Tukwila, Public Works. INSPECTION / MAINTENANCE CHECKLIST Structure Date of Inspection / Maintenance Priv. Road Catch Bata frYDe 1r Imp. Resat Mallet Done F1aal 54" dim Catch Beim lr1Pe 2) Lap. Remits ?debt Dome Final Catch Basile Retricter Tee Lap. Result Mallet Done Page 7 of 7 189 CO O Settlement/ misalignment FROP-T Section No cracks more t the joint of intet/o Structure is not in upright 10% from plumb). to CO N Metal Grates (If Applicable) Manhole Cover/Lid Trash and Damaged or missing Cover/lid not in place Lot€ing mechanism Not Working Cover/lid difficult to Remove Trash and of grate so 7 i Grate opening meets design standards. h te. Grate is in place and meets design CO s No cracks more 1, Inch wide at the Joint cd inletfolitiet pipe. at CO 0) NW 1/4 SECTION 22, T.23N., R.04E.,WM 364- 360- 356- SSMH #E15-43, TYPE 1-48" STA: 0+00.00, 0.00' RIM= 358.31 IE IN= 346.81 (8" E) IE IN= 346.61 (8" S) OUT= 346.61 (8" N) —WSD STUB 7.5 LF, TYP.I ................._....... W1ruLr d u� S=1 71% SSMH #E15-44, SSCO STA: 1+77.51, 0.00' RIM= 354.35 IE OUT= 349.85 (8" W) PLAN VIEW APPROXIMATE PHASE II. GRADES PER NOV 20, 2018 MACVEIGH SEWER PLANS APPROXIMATE PHASE II GRADES PER ORIGINAL MacVEIGH WATER PLANS (BY OTHERS) 364 -360 356 PHASE 1 PHASE 2 REC. SPACE 14 352- SIDE SEWERS, TYP. -352 SO. 146th ST ad ST 5152.00 LACENENT S. 42nd PL, S. 144th ST. S. 146th S. 146th ST. S. 154th ST. S. 142nd ST. S. 139th ST. S. 140th ST. S. 141st ST. 9.9152.00 S. 146th ST. S. 148th ST, S 152nd ST. S. 158th ST. S. 137th ST PRV 9815.2.00 DETETZTEMM S. 139th ST. S. 142nd ST. B. 144th ST. S. 156th ST. S. 156th ST. S. 146th ST. S. 148th ST. S. 150th ST. S 152nd ST. 1-5 S. 144th ST. S. WATERMAN EPLACEMENT WD#125— TUKWILA INTERTIE S 139th ST S. 140th ST. S. 142nd ST. WD— TUKW 25 LA IK ERTIE S. 147th ST S0, 149th ST. S 152nd ST, S. 142nd ST. s. SR 405 144th It NW 1/4 SECTION 22, T.23N., R.04E.,WM ROW RESTORATION PER CITY ROW CPERMIT a ONDITIONS a (TYP.) 364 360- 356— LOCATE, CUT & CAP EX. SERVICES FOR UNIT NOS. 17 & 18. REPLACE SERVICE TO UNIT NO. 16 IN THE EVENT ALL SERVICES ARE CONNECTED TO SINGLE MANIFOLD. RETURN METER TO DISTRICT. FIELD VERIFY LOCATION, REMOVE CAP/PLUG 3�' I AND CONNECT TO EX. 4" CI _ 1-8"x4" REDUCER, RJxRJ 1-8" SPOOL, LENGTH AS REQUIRED 1-8" DI SLEEVE, RJ W LOCATE, CUT & CAP EX. SERVICE 0 MAIN. RETURN METER TO DISTRICT. 1" SERVICE METERS ,PER STD DTL 1, TYP. 1 1-8" TEE, FLxFL 3-8" GATE VALVES, FLxRJ 1-8" PLUG, RJ 2—THRUST BLOCKS 1—FH ASSY, STD DTL 3 1-8"x6" TEE, FLxFL I 17 8" GATE VALVE, FLxRJ 1-8" ADAPTER, FLxRJ 1-6" GATE VALVE, FLxRJ 1—THRUST BLOCK, STD DTL 5 6.5 LF 6" DI APPROXIMATE LOCATION OF GAS CONDUIT INSTALLED PER OWNER PLAN VIEW PHASE 1 PHASE 2 HELD VERIFY AND CONNECT TO EX. 8" DI INSTALLED DURING PHASE 1 1-8" DI SLEEVE, RJ 18 86± LF 8" DI, RJ 2-8" BENDS 45, RJxRJ 2—THRUST BLLOCKS IRRIGATION REC. SPACE 14 CAUTION: FIR STORM DRYI /_EAOILITY OL!E INSTALLATIC N 28± LF 8" DI, RJ SSMH (BY OTHERS) RIM 357.35 352— TEE TO BE INLINE MAX. VERTICAL DEFLECTION IS HALF OF MANUFACTURER'S RECOMMENDATION (TYP.) WITH APPROXIMATE PHASE II GRADES PER ORIGINAL MacVEIGH WATE PLANS (BY OTHERS) 8 DI WM APPROXIMATE PHASE II GRADES PER NOV 20, 2018 MACVEIGH SEWER PLANS HORIZONTAL RFNM APPROXIMATE GRADE TRANSITION IN DRIVEWAY APPROXIM, GRADES P MacVEIGH PLANS TEMPORARY EROSION AND SEDIMENTATION CONTROL NOTES 1. TEMPORARY EROSION AND SEDIMENTATION CONTROL (TESC) FACILITIES SHALL BE IMPLEMENTED PRIOR TO THE START OF ANY CONSTRUCTION ACTMTIES, AND IN SUCH A MANNER AS TO ENSURE THAT SEDIMENT WATER DOES NOT ENTER THE DRAINAGE SYSTEM OR VIOLATE APPUCABLE WATER STANDARDS. MAINTENANCE, REPLACEMENT, AND UPGRADING OF THESE TESC FACILITIES IS THE RESPONSIBILITY OF THE CONTRACTOR UNTIL ALL CONSTRUCTION IS APPROVED. 2. THE STORM DRAIN INLET PROTECTION DEVICE SHALL BE SILT SACK OR EQUAL. ALL CATCH BASINS WITHIN THE VICINITY OF THE CONSTRUCTION SHALL HAVE INLET PROTECTION MEASURES. 3. CONTRACTOR SHALL MAINTAIN ALL EXISTING DRAINAGE CHANNELS, CULVERTS, SWALES AND STRUCTURES. WHENEVER EXISTING DRAINAGE FACILITIES ARE DISTURBED, THE CONTRACTOR SHALL PROVIDE SUITABLE MEANS FOR DIVERTING AND MAINTAINING ALL FLOWS DURING CONSTRUCTION IN THAT AREA AT ITS EXPENSE. AFTER CONSTRUCTION HAS BEEN COMPLETED, ALL DRAINAGE CHANNELS, CULVERTS, SWALES AND STRUCTURES DISTURBED SHALL BE RETURNED TO THEIR ORIGINAL CONDITIONS. 4. IT IS THE RESPONSIBLTTY OF THE CONTRACTOR TO PROVIDE ADEQUATE EROSION AND SEDIMENT CONTROL TO SATISFY THE REQUIREMENTS OF THE GOVERNING JURISDICTION, TO PREVENT SEDIMENT LADDEN WATER FROM LEAVING THE CONSTRUCTION AREA AND TO PREVENT EROSION. DURING THE CONSTRUCTION PERIOD, TESC FACILITIES SHALL BE MAINTAINED AND UPGRADED AS NECESSARY BY THE CONTRACTOR. 5. CONTRACTOR SHALL INSPECT THE TESC FACIUTIES AT THE END OF EACH WORKING DAY TO ASSURE ITSELF THAT THEY ARE IN GOOD CONDITIONS. IF TESC FACIUTIES REQUIRE REPAIR/MAINTENANCE, IT SHALL BE PERFORMED PRIOR TO THE END OF THE WORKING DAY. ALL DISTURBED AREAS SHALL BE PROMPTLY AND THOROUGHLY STABILIZED AGAINST EROSION DURING PERIODS OF WET WEATHER WHEN WORK IS NOT BEING PERFORMED AT THE SITE. 6. ALL UNSUITABLE OR SURPLUS EXCAVATED OR CLEARED MATERIAL SHALL BE REMOVED FROM THE SITE AND DISPOSED OF IN AN APPROVED, LEGAL FILL SITE. IT SHALL BE THE CONTRACTORS RESPONSIBIUTY TO LOCATE ACCEPTABLE DISPOSAL SITES AND ASSURE THAT ALL SURPLUS MATERIAL IS DISPOSED OF IN SAME. 7. CONTRACTOR SHALL BE RESPONSIBLE FOR IMPLEMENTING ALL APPROPRIATE MEASURES NEEDED (STREET SWEEPERS, WATER TRUCKS, ETC.) TO KEEP STREETS AND ROADS USED AS HAUL ROUTES FOR EXPORT OR IMPORT OF MATERIAL CLEAN AND FREE FROM DEBRIS, MUD, ETC.. ADDITIONAL MEASURES MAY BE REQUIRED TO ENSURE THAT ALL PAVED AREAS ARE KEPT CLEAN FOR THE DURATION OF THE PROJECT. GRATE FRAME SEDIMENT AND DEBRIS DRAINAGE GRATE CITY OF TUKWILA STANDARD CONSTRUCTION NOTES GENERAL 1. AT LEAST ONE WEEK BEFORE BEGINNING CONSTRUCTION, CONTACT PUBLIC WORKS UTILITIES INSPECTOR AND SCHEDULE A PRECONSTRUCTION MEETING. 2. NOTIFY THE UTILITIES INSPECTOR AT 206-433-0179 AT LEAST 48 HOURS (2 WORKING DAYS) BEFORE STARTING PROJECT SITE WORK. 3. REQUEST A PUBLIC WORKS UTILITY INSPECTION AT LEAST 24 HOURS (1 WORKING DAY) IN ADVANCE BY CALLING 206-433-0179. 4. THE CONTRACTOR ASSUMES SOLE RESPONSIBIUTY FOR WORKERS SAFETY, AND DAMAGE TO STRUCTURES AND IMPROVEMENTS RESULTING FROM CONSTRUCTION OPERATIONS. 5. THE CONTRACTOR SHALL HAVE PERMIT(S) AND CONDITIONS, THE APPROVED PLANS, AND A CURRENT COPY OF CITY OF TUKWILA DEVELOPMENT GUIDELINES AND DESIGN AND CONSTRUCTION STANDARDS AVAILABLE AT THE JOB SITE. 6. ALL WORK SHALL CONFORM TO THESE APPROVED DRAWINGS. ANY CHANGES FROM THE APPROVED PLANS REQUIRE PRE -APPROVAL FROM THE OWNER, THE ENGINEER, AND THE CITY OF TUKWILA. 7. ALL METHODS AND MATERIALS SHALL MEET CITY OF TUKWILA DEVELOPMENT GUIDELINES AND DESIGN AND CONSTRUCTION STANDARDS, UNLESS OTHERWISE APPROVED BY THE PUBLIC WORKS DIRECTOR. 8. CONTRACTOR SHALL MAINTAIN A CURRENT SET OF RECORD DRAWINGS ON -SITE. 9. CONTRACTOR SHALL PROVIDE RECORD DRAWINGS PRIOR TO PROJECT FINAL APPROVAL. 10. CONTRACTOR SHALL PROVIDE TRAFFIC CONTROL AND STREET MAINTENANCE PLAN FOR PUBLIC WORKS APPROVAL BEFORE IMPLEMENTATION. 11. ALL SURVEYING FOR PUBLIC FACILITIES SHALL BE DONE UNDER THE DIRECTION OF A WASHINGTON LICENSED LAND SURVEYOR. VERTICAL DATUM SHALL BE NAVD 1988. FOR PROJECTS WITHIN A FLOOD CONTROL ZONE, THE PERMITTEE SHALL PROVIDE CONVERSION CALCULATIONS TO NGVD 1929. HORIZONTAL DATUM SHALL BE STATE PLANE COORDINATES. 12. THE CONTRACTOR SHALL REPLACE, OR RELOCATE ALL SIGNS DAMAGED OR REMOVED DUE TO CONSTRUCTION. UTILITY NOTES 1. ALL TRENCH EXCAVATION OPERATIONS SHALL MEET OR EXCEED ALL APPUCABLE SHORING LAWS FOR TRENCHES. ALL TRENCH SAFETY SYSTEMS SHALL MEET WISHA REQUIREMENTS. WORK IN RIGHT-OF-WAY 1. WHEN ACTIVITY IS UNATTENDED, INSTALL A SIGN WITH MINIMUM TWO-INCH LETTERS STATING PERMITEE OR COMPANY NAME, AND DAY AND EVENING PHONE NUMBERS. TMC 11.08.140 2. INSTALL BARRICADES, SIGNS, WARNING LIGHTS, AND SAFETY DEVICES SUFFICIENT TO NOTIFY PUBLIC OF OBSTRUCTION OR TRAFFIC HAZARD. DEVICES MUST REMAIN UNTIL THE OBSTRUCTION IS CLEARED AND THE RIGHT-OF-WAY IS RESTORED. TMC 11.08.170.A 3. MAINTAIN ACCESS TO FIRE STATIONS, FIRE HYDRANTS, FIRE ESCAPES, AND FIRE FIGHTING EQUIPMENT. TMC 11.08.180 4. MAINTAIN ACCESS TO PROPERTY ADJOINING EXCAVATION OR SITE WORK. 5. PRESERVE AND PROTECT ALL PROPERTY ADJOINING EXCAVATION OR SITE WORK. 6. RESTORE DISTURBANCE TO PRIVATE AND PUBLIC PROPERTY. TMC 11.08.220.0 7. DISTURBANCE OF SURVEY MONUMENTS AND MARKERS REQUIRES THE DIRECTORS PREAPPROVAL. A LICENSED SURVEYOR SHALL REPLACE DISTURBED MONUMENTS AND MARKERS. 8. COMPLY WITH ALL STATE AND CITY LAWS AND PROCEDURES TO PROTECT PUBLIC FROM AIR, WATER AND NOISE POLLUTION. TMC 11.08.210 9. STORE ALL STOCKPILE MATERIAL SHALL BE STORED IN A SAFE MANNER TO PROTECT THE PUBLIC. PAVEMENT RESTORATION 1. COMPACT BACKFILL TO COMPACTION OF UNDISTURBED GROUND OR COMPACT BACKFILL TO MEET CITY STANDARDS. 5" MAX. TRIM NOTES: 1. SIZE THE BELOW INLET GRATE DEVICE WATER STRUCTURE IT WILL SERVICE. 2. THE BIGD SHALL HAVE A BUILT-IN HII (OVERFLOW BYPASS). 3. THE RETRIEVAL SYSTEM MUST ALLOW WITHOUT SPILLING THE COLLECTED MA OVERFLOW BYPASS DRAINAGE GRATE RECTANGULAR GRATE SHOWN-\ BELOW INLET GRATE DEVICE BELOW INLET GRATE DEVICE J STORM DRAIN INLET PROTE N.T.S. 7 HMA ASPHALT PAVEMENT OF EXISTING DEPTH r MAXIMUM MAXIMUM EXISTING ASPHALT CSTC BEDDING SAW CUT EXISTING PAVEMENT (TYP.) CSTC UNLESS OTHERWISE REQUIRED BY THE CITY 95X COMPACTION SIDE SLOPE AS REQUIRED NOTES: I. ALL WORK TO CONFORM TO THE CURRENT STANDARD SPECIFICATIONS FOR ROAD. BRIDGE. AND MUNICIPAL CONSTRUCTION. 2. A MINIMUM OF A TWO YEAR GUARANTEE IS REQUIRED ON ALL PAVEMENT PATCHING AND OVERLAYS. 3. A CONTROLLED DENSITY FILL IN PLACE OF CRUSHED ROCK MATERIAL MAY BE REQUIRED IN CASES OF RECENT PAVEMENT OVERLAY, OR AS DIRECTED BY CITY ENGINEER. WATER DISTRICT NO.125 STANDARD NOTES: 1. APPROXIMATE LOCATIONS OF EXISTING UTILITIES HAVE BEEN OBTAINED FROM AVAILABLE RECORDS AND ARE SHOWN FOR CONVENIENCE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFICATION OF LOCATIONS SHOWN AND FOR DISCOVERY OF POSSIBLE ADDI110NAL UTILITIES NOT SHOWN SO AS TO AVOID DAMAGE OR DISTURBANCE. THE CONTRACTOR SHALL CONTACT THE UTILITIES UNDERGROUND LOCATION CENTER (1-800-424-5555) PRIOR TO CONSTRUCTION. THE OWNER OR HIS REPRESENTATIVE SHALL BE CONTACTED IF A UTILITY CONFLICT EXISTS. 2. CONTRACTOR SHALL NOTIFY THE DISTRICT ENGINEER A MINIMUM OF 48 HOURS IN ADVANCE OF ALL REQUESTS FOR STAKING, TESTING OR INSPECTION. 3. CONTRACTOR IS RESPONSIBLE FOR CONTROL AT THE TIME OF STAKING. 4. CONTRACTOR SHALL FURNISH SHOP DRAWINGS FOR APPROVAL WHERE REQUIRED BY THE DETAIL SPECIFICATIONS AND FOR VARIATION FROM THE ENGINEER'S DESIGN. 5. CONTRACTOR SHALL INSTALL EQUIPMENT IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS, WD #125 SPECIFICATIONS, AND (CITY OF TUKWILA / CITY OF SEA-TAC / KING COUNTY) STANDARDS. 6. CONTRACTOR SHALL FURNISH ALL MATERIALS. 7. ALL WATERMAIN PIPE SHALL BE DUCTILE IRON CLASS 52, PUSH -ON JOINT OR MECHANICAL JOINT, CEMENT UNED (ANSI A21.4), EXTERIOR COATED WITH COAL TAR VARNISH. INSTALLATION SHALL BE IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS. ALL FITTINGS SHALL BE CAST IRON OR DUCTILE IRON AND SHALL CONFORM TO APPLICABLE PORTIONS OF ANSI STANDARD A21.10, A21.11, B16.2, B16.4 AND A21.53, WITH A MINIMUM PRESSURE RATING OF 150 PSI AND WILL BE CEMENT UNED. 8. NSF CERTIFIED MATERIALS MUST USED FOR ANYTHING THAT IS IN CONTACT WITH POTABLE WATER. 9. ALL GATE VALVES TO BE MUELLER OR KENNEDY. ALL HYDRANTS ARE TO BE MUELLER OR M&H. 10. CUT -INS AND UVE TAPS TO BE MADE BY CONTRACTOR. WD #125 SUPERINTENDENT, ENGINEER AND (CITY OF TUKWILA / CITY OF SEA-TAC / KING COUNTY) INSPECTOR MUST BE NOTIFIED 48 HOURS IN ADVANCE. 11. DUCTILE IRON MECHANICAL JOINT SLEEVES REQUIRED. 12. TAPPING SLEEVES SHALL BE MUELLER CAST IRON, JCM EPDXY COATED STEEL OR ROMAC SST WITH STAINLESS STEEL FLANGE. SIZE ON SIZE TAPS ARE TO BE MUELLER CAST IRON. 13. CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL EXISTING PIPE TYPES AND SIZES FOR COUPLINGS, CONNECTIONS, CUT -INS, AND UVE TAPS. 14. 33/2- FOOT MINIMUM COVER OVER ALL WATERMAINS. 15. DEVELOPER TO PAY FOR STATE, COUNTY AND CITY INSPECTION FEES AND PERMITS. 16. ALL METER LOCATIONS TO BE COORDINATED WITH WATER DISTRICT NO. 125 SUPERINTENDENT. 17. ALL EXISTING FIRE HYDRANTS AND MAINS TO BE OPERATIONAL PRIOR TO COMMENCEMENT OF CONSTRUCTION. 18. NO CHANGES ARE TO BE MADE WITHOUT WRITTEN APPROVAL BY THE WD #125 SUPERINTENDENT OR DISTRICT ENGINEER AND THE CITY OF TUKWILA / SEATAC / KING COUNTY PUBUC WORKS ENGINEER. 19. REFER TO WD #125 CONDITIONS AND STANDARDS, AND TO THE (CITY OF TUKWILA / CITY OF SEA-TAC / KING COUNTY) STANDARD SPECIFICATIONS FOR ALL REMAINING NOTES AND DETAILS. 20. PROVIDE 3/4" SERVICE LINE (1" IN THE CITY OF TUKWILA) AND TAP CONNECTIONS FOR EACH EXISTING WATER METER. 21. MAXIMUM ALLOWABLE OPEN TRENCH SHALL BE 80'. 22. STOCKPILES SHALL BE COVERED DURING ALL PERIODS OF PRECIPITATION. 23. MODIFIED PROCTOR COMPACTION AND MOISTURE CONTROL TESTS REQUIRED AND COPIES OF TEST REPORTS SUBMITTED TO THE DISTRICT ENGINEER. ALL COMPACTION UNDER PAVED AND TRAFFIC AREAS SHALL BE 95% MAXIMUM DENSITY MODIFIED PROCTOR PER ASTM D-1557. ALL OTHER AREAS TO BE 90% MAXIMUM DENSITY MODIFIED PROCTOR. 24. ALL VALVES, FIRE HYDRANTS AND SERVICES TO THE METER STOP TO BE INCLUDED AS PART OF ALL. PRESSURE AND PURITY TESTS. NO EXCEPTIONS. 25. TRAFFIC CONTROL SHALL BE IN ACCORDANCE WITH (CITY OF TUKWILA / CITY OF SEATAC / KING COUNTY) REQUIREMENTS. 26. ALL PIPE AND APPURTENANCES TO BE TESTED WITHIN 10 FEET OF ANY CONNECTION POINTS UNLESS OTHERWISE APPROVED BY ENGINEER. 27. CONCRETE THRUST BLOCKING SHALL BE PROVIDED AT ALL BENDS, TEES, OR OTHER APPURTENANCES WHERE INTERNAL FORCES REQUIRE RESTRAINT. BLOCKING SHALL BE IN ACCORDANCE WITH WATER DISTRICT NO. 125 STANDARDS. RESTRAINED JOINT PIPE AND BENDS SHALL BE USED IN LIEU OF BLOCKS WHERE THERE ARE UTILITY PROXIMITY CONFLICTS OR WHERE BEARING SOIL HAS BEEN DISTURBED IF APPROVED BY SUPERINTENDENT OR ENGINEER. 28. ALL BENDS INSTALLED AS PART OF CONNECTIONS TO EXISTING MAINS SHALL BE RESTRAINED WITH 350 PSI EBBA MEGALUG, STARGRIP SERIES 3000, OR ROMAC ROMAGRIP RETAINER GLANDS AND PROVIDED WITH THRUST BLOCKS. 29. THE TESTING AND DISINFECTION OF THE WATER SYSTEM SHALL BE WITNESSED BY WATER DISTRICT NO 125. 30. RESIDENTIAL DOMESTIC WATER SERVICE CONNECTIONS' DOMESTIC WATER SERVICE CONNECTIONS TO SINGLE-FAMILY RESIDENTIAL PROPERTIES SHALL HAVE BACKFLOW PROTECTION WITHIN EIGHTEEN INCHES (18") OF THE WATER METER TAIL COMMENSURATE WITH THE DEGREE OF HAZARD WHEN ANY OF THE FOLLOWING ITEMS ARE FED BY OR CONNECTED TO THE DOMESTIC WATER SYSTEM ON THE PROPERTY: A) LAWN OR GARDEN SPRINKLER IRRIGATION SYSTEMS B) FIRE SUPPRESSION SYSTEMS C) POOLS, HOT TUBS OR SPAS (ABOVE OR BELOW GROUND) D) GREENHOUSES E) FISH AND/OR AESTHETIC PONDS F) BOILER G) ANY OTHER USE DECLARED TO BE A HEALTH HAZARD OR CONCERN BY THE GENERAL MANAGER OF THE KING COUN DISTRICT 125. 31. COMMERCIAL DOMESTIC WATFR SERVICE CONNECTIONS' FOR ALL CONNECTIONS TO THE WATER MAINS OF THE KING COUN DISTRICT 125 NOT USTED ABOVE, THE FOLLOWING REQUIREMENTS APPLY TO ALL THE CONSUMERS: A) ALL COMMERCIAL DOMESTIC WATER SERVICE CONNECTIONS SHALL HAVE A BACKFLOW ASSEMBLY INSTALLED WITHIN EIGHTEI (18') OF THE WATER METER TAIL (CUSTOMER'S SIDE OF THE METER) COMMENSURATE WITH THE HIGHEST DEGREE OF H THE OCCUPANT(S) AS DETERMINED BY THE GENERAL MANAGER OR A CROSS CONNECTION CONTROL SPECIALIST APPOINTE DISTRICT. B) NO COMMERCIAL WATER SERVICE SHALL HAVE LESS THAN A DOUBLE CHECK VALVE ASSEMBLY (DCVA) FOR BACKFLOW PRE C) REDUCED PRESSURE BACKFLOW ASSEMBLY (RPBA) SHALL BE INSTALLED ON ALL WATER SERVICES FOR OCCUPANTS WITH POLLUTION OR CONTAMINATION HAZARDS AS USTED IN WAC 246-290-490 TABLE 9 OR SIMILAR OCCUPANTS. D) REDUCED PRESSURE BACKFLOW ASSEMBLY (RPBA) SHALL BE INSTALLED ON ALL WATER SERVICES FOR COMMERCIAL ST THAT OCCUPY MORE THAN ONE TENANT. E) ALL COMMERCIAL IRRIGATION SYSTEMS SHALL HAVE A BACKFLOW ASSEMBLY INSTALLED WITHIN EIGHTEEN INCHES (18' WATER METER TAIL (CUSTOMER'S SIDE OF THE METER) OR WITHIN TWELVE INCHES (12") DOWNSTREAM OF THE VALVED C( TO THE POTABLE WATER SUPPLY. F) ALL IRRIGATION SYSTEMS WITH EXISTING OR POTENTIAL CHEMICAL ADDITION, INCLUDING ANTIFREEZE, SHALL HAVE A PRESSURE BACKFLOW ASSEMBLY. G) NO IRRIGATION SYSTEM SHALL HAVE LESS THAN A DOUBLE CHECK VALVE ASSEMBLY (DCVA) FOR BACKFLOW PROTECTION. COMMERCIAL FIRE SPRINKLER SERVICE CONNECTIONS: H) ALL FIRE SPRINKLER SERVICE CONNECTIONS SHALL HAVE BACKFLOW PREVENTION ASSEMBLIES WITH A DETECTING BYPASS. I) BACKFLOW ASSEMBLIES SHALL BE EITHER: A.LOCATED IN A VAULT ON PRIVATE PROPERTY ADJACENT TO THE PUBLIC RIGHT-OF-WAY SUCH THAT THE DISTANCE THE SUPPLYING WATER MAIN AND THE BACKFLOW ASSEMBLY IS THE SHORTEST REASONABLE DISTANCE NOT TO E FEET. WHEN THE SUPPLYING WATER MAIN IS ON PRIVATE PROPERTY, THE BACKFLOW ASSEMBLY SHALL BE LOCATED TO THE WATER MAIN TAP AS REASONABLY POSSIBLE. B. WITHIN THE BUILDING'S MECHANICAL ROOM. WITH AN INTERIOR OR INSTALLATION, A REMOTE METER REGISTER SUPPLIED WITH BACKFLOW DEVICE AND MOUNTED ON THE EXTERIOR OF THE BUILDING IN LOCATION ACCESSIBLE AT AL DISTRICT PERSONNEL J) ALL FIRE SYSTEMS WITHOUT ANTIFREEZE, CHEMICAL ADDITION, OR FIRE DEPARTMENT CONNECTIONS (FDC) SHALL HAVE I OF A DOUBLE CHECK DETECTOR ASSEMBLY (DCDA) AS THE BACKFLOW PREVENTER. K) FIRE SYSTEMS WITH ANTIFREEZE, CHEMICAL ADDITION, OR FIRE DEPARTMENT CONNECTIONS (FDC) SHALL HAVE A PRESSURE PRINCIPLE DETECTOR ASSEMBLY (RPDA). TEMPORARY CONNECTIONS' L) ALL TEMPORARY CONNECTIONS WILL BE REQUIRED TO HAVE CROSS CONNECTION PROTECTION. THE TYPE OF PROTECTION WILL BE DETERMINED ON A CASE -BY -CASE BASIS BY THE DISTRICT GENERAL MANAGER OR CROSS CONNECTION SPECIALIST. ADD THE FOLLOWING NOTES WHEN WORKING IN THE CITY OF SEA-TAC: 32. CONTRACTOR IS TO OBTAIN CITY CONSTRUCTION PERMIT PRIOR TO STARTING ANY WORK WITHIN THE RIGHT-OF-WAY IN THE TUKWILA OR SEA-TAC AND SHALL BE RESPONSIBLE FOR COMPLIANCE WITH ALL TERMS AND CONDITIONS OF RIGHT-OF-WAY PERI 33. CONTRACTOR WORKING IN THE CITY OF TUKWILA OR SEA-TAC IS TO NOTIFY PUBUC WORKS INSPECTOR A MINIMUM 48-HOURS CONSTRUCTION STARTUP AND IS TO SCHEDULE ALL INSPECTION. INSPECTOR SHALL BE PRESENT DURING BACKFILL AND CI OPERATIONS. 34. ALL FIRE HYDRANTS AND/OR GUARD POSTS TO BE PLACED SO AS TO PROVIDE A MINIMUM OF 10' CLEARANCE TO FUTURE LIMITS. 35. NEW WATERLINE CONSTRUCTION TO MAINTAIN 4' MINIMUM SEPARATION TO PROPOSED STORM DRAIN LOCATION; OR CONSTRUCTI BE SCHEDULED TO FOLLOW STORM DRAIN INSTALLATION. 2: MIN LAYER OF B MIL MSOUEEN FIRE HYDRANT TO BE PAINTED WITH TWO COATS OF FARWEST PAINT, CASE YELLOW, /X-3472. HYDRANTS ARE TO EQUAL M&H 929, OR MUELLER A-921. HYDRANTS SHALL CONFORM TO A.W.W.A. SPECIFICATIONS C 502-54; SHALL BE COMPRESSION TYPE AND SHALL HAVE A TWO PIECE BREAKING FLANGE WITH BREAKING THIMBLE AT THE GROUND LINE OR STEM; SHALL HAVE A SELF -OILING DRY BONNET WITH FACTORY FILLED RESERVOIR HOLDING APPROXIMATELY B OUNCES OF OIL. OIL RESERVOIR SHALL BE SO DESIGNED AS TO GIVE A COMPLETE LUBRICATION OF STEMS EACH TIME THE HYDRANT IS OPERATED. THE UPPER STEM SHALL HAVE A BRASS SLEEVE. SIDEWALK PER TUKWILA/SEATAC/ KING COUNTY STANDARDS CURB & GUTTER 42' Min. 3' & Max. 50' MECHANICAL JOINT MEGALUG RJ YD. WASHED 1-I/1` ROCK CONE. BLOCKING DIM. 1'Xt'X3" UND STURBED SOIL NOTES A. HYDRANTS SHALL BE EQUIPPED WITH ND 2 I/2` NS T. HOSE PORTS AND ONE 5" STORTZ PUMPER DISCHARGE PORT. AND SHALL HAVE A I I/4" PENTAGON OPEN -LIFT OPERATING NUT. HYDRANTS SHALL HAVE A 6" M.J. BOTTOM CONNECTION AND 5 I/4" MAIN VALVE OPENING AND SHALL HALE IB` ABOVE GRADE LEVEL TO THE CENTER OF THE 2-3/4' ASPHALT COATED STEEL SH CKLE RODS. FINISHED PAVEMENT. SEE VALVE BOX DETAIL. 6" RESILIENT WEDGE GATE VALVE, FL X MJ CAST IRON TEE (CEMENT LINED) -MJ X MJ X FL. PROVIDE THRUST BLOCK 6` DIA. DUCTILE IRON PIPE SEE BLOCKING / DETAIL UNDISTURBED FLANGE JOINT SOIL CAPPED CROSS 90' BEND THRUST BLOCK - TABLE Min. Beoring Arco Agoinst Undisturbed Soil Pipe Size A 02) B 02) C (1t2) D (fT E 02) 4' 3 1 1 1 1 6` 8" 9 7 9 6 2 9 1 2 1 1 10' it 11 16 10 14 6 9 3 5 2 3 14' 16` 22 29 19 25 12 16 6 8 3 4 18` 20' 36 95 31 39 20 29 10 13 5 6 22' 24" 59 64 97 56 29 35 15 18 B 9 28' 30' 87 101 76 87 46 55 24 28 12 14 NOTES: . BEAR NG AREA OF CONCRETE THRUST-B OCK BASED ON 200 PSI PRESSURE AND SAFE SOIL BEARING LOAD OF 2000 POUNDS PER SQUARE FOOT. 2. AREA MUST BE ADJUSTED FOR OTHER PIPE SIZES, PRESSURES AND SOIL CONDITIONS. 3. CONCRETE BLOCKING SHALL BE CAST IN PLACE AND HAVE A MINIMUM OF 1/4 SQUARE FOOT BEARING AGAINST THE FITTING. 9. BLOCK SHALL BEAR AGAINST FITTNGS ONLY AND SHALL BE CLEAR OF JOINTS TO PERMIT TAKING UP OR DISMANTLING OF JOINT. 5. CONTRACTOR SHALL INSTALL BLOCKING ADE UATE TO WITHSTAND FULL TEST PRESSURE AS WELL AS TO CONTINUOUSLY WITHSTAND OPERATION PRESSURE UNDER ALL CONDITIONS OF SERVICE. A TEE W/ PLUG TEE W/O PLUG CAP 45. BEND ll� BLIND FLANGE OR SMALLER SIZE PIPE C 22 1/2' BEND VER ICAL BLOCKING FOR 1/K,' - 22N' - 30' BENDS PIPE ROD 0 SIZE (inches) V. B. (degrees) CU. FT. A (feet) D (inches) (feet) 4 11Y. 8 2.D M 1.5 221a 30 11 17 2.2 2.6 2.0 6 11N 11 2.2 4Y 2.0 22N 30 25 91 2.9 3.5 B 11Y. 16 2.5 44 2.0 221t 30 47 70 3.6 4.1 44 2.5 10-12 11Y. 32 3.2 M 2.0 22y 30 88 132 4.5 5.1 Z6 3.0 16 11Y. 70 4.1 34 3.0 22N 30 184 275 5.7 6.5 141 114 9.0 18-20 11N 91 4.5 TN 3.0 22N 30 225 330 6.1 6.9 114 141 9.0 4.5 29 11N 128 5.0 1 3.5 22N 30 320 960 6.8 7.9 141 141 9.5 5.5 VERTICAL BLOCKING FOR 95' BENDS 4 45 30 3.1 44 2.0 6 8 68 123 4.1 5.D 12 113 232 478 6.1 7.8 4'. 11ht 2.5 4.0 20 24 560 820 B.2 9.9 114 141 9.5 GALVANIZED(OR ASPHALT COATED STEEI THREADED RODS AND PIPE CLAMPS I I L N O N Department of Community Development November 4, 2019 Osterly Park Townhomes Public Hearing Subdivision Final Plat — Phase 2 Presentation Overview • Review Process • Background Information —Site and Project • Preliminary Plat Approval by the Tukwila Planning Commission • Final Plat Approval by Tukwila City Council Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 What is a townhouse? Ordinance 2199 was adopted in March 2008 allowing development of zero lot line and fee simple townhomes in MDR and HDR zoning districts. A townhome is a type of residential development in which individual dwelling units are attached along at least one common wall to at least one other dwelling unit. Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Review Process —Design Review and Preliminary Plat • Townhouse development allowed in MDR and HDR zoning districts • Multifamily structures over 1,500 SF require Planning Commission approval (Townhouse Design Manual) • Preliminary Plat and Design Review public hearings are combined. Planning Commission decision issued. MDR N CC HDR MDR Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Review Process - Subdivision • Preliminary Plat approval granted by Planning Commission for subdivisions of more than 10 lots or unit lots. — After Preliminary Plat approval, developer applies for PW permit to install utilities and access • Final Plat approval granted by City Council and recorded with King County after all conditions of Preliminary Plat are completed — After Final Plat approval, developer applies for building permits to construct townhomes. — The subdivider may develop and record the subdivision in phases. Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Project Location • Cascade View Neighborhood • Tukwila International Boulevard District Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Surrounding Development Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Existing Development Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Project Phases F COMPLETED PHASE 1 • 8 Unit Lots • Tract A — Access and Utilities • Tract B — Phase 1 Recreation Area • Easements • Codes, Covenants, & Restrictions (CC&Rs)Include Maintenance of Common Areas F PROPOSED PHASE 2 • 15 Unit Lots • Tract C — Recreation space w/play equipment • Tract D — Access and Utilities • Easements (including more recreation spaces) • CC&Rs Include Maintenance of Common Areas • Lot 24 addition, use of parking and recreation spaces Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Project Phases s,..z. kiC AC ALE TRACT L'. INGRESS, EGRESS AND UTILITIES TRACT- a NASETARNT REONT- LOT 24 PROPOSED PHASE 2 15 Unit Lots Tract C — Recreation space w/play equipment • Tract D — Access and Utilities Easements (including more recreation spaces) • CC&Rs Include Maintenance of Common Areas Lot 24 addition, use of parking and recreation spaces Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Final Plat for Phase 2 TMC 17.14.030 C. Criteria for Final Plat: • The proposed plat bears the required certificates and statements of approval. • A title insurance report furnished by the subdivider confirms the title of the land and the proposed subdivision is vested in the name of the owners whose signatures appear on the plat certificate. • Facilities and improvements required to be provided by the subdivider have been completed for Phase 2. A bond has been submitted for the final layer of pavement, construction of recreation spaces, and remaining electrical work to be completed with Seattle City Light. Project landscaping for Phase 2 will be tied to the building permit phase of the project. • The land surveyor has signed the plat. • The plat is in conformance with the approved preliminary plat. • The plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws. Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 Staff Recommendation • Approval of the Final Subdivision application for Phase 2 of the Osterly Park Townhomes project. Sample Motion: I move to approve the application for the Osterly Park Townhomes Final Plat - Phase 2 under project number L18- 0051, based on the findings and conclusions contained in the staff report dated October 28, 2019 as amended during the City Council deliberations. Department of Community Development Osterly Park Townhomes Public Hearing - Phase 2 Final Plat - November 4, 2019 COUNCIL AGRNDA SYNOPSIS 1/117/a/S illee1in,i; Date Pi-0,11w/ ny May -IL ,,ar 'hap Connell review 11/04/19 RE 1C 1-9-1--- ITEM INFORMATION 0111161011011111160 ITEM No. 7.B. STAFF SPONSOR: ROBERT EATON Oitic;iNALAGF:NDA DXN: 11/4/19 AGNNi),\ ITI,:m' ' ' E An Interlocal Agreement with King County grant funds for the 116th Avenue South property acquisition. C,vri,:GuRy Discussion Ally, Date 11 Motion IVkg Dale 11/4/19 E Resolution ,l/g Dale I Ordinance Alg Dale n Bid Award ilkg Date _ Public Hearin_g Al'.'. Dale LI Other Akg Dale SPONSOR r Counal Mayor I IR 11DCD E Finance Fire[ITS' P &R Police Ply Coldd SPONSOR' S Entering into an Interlocal Agreement with King County to receive Conservation Futures SUMMARY Tax Grant funds. Rkvikwki) BY C.O.W. Mtg. CDN Comm Ei Finance Comm. Public Safety Comm. I] Trans &Infrastructure Arts Comm. 0 Parks Comm. 0 Planning Comm. DATE: 10/29/19 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPoNseft/ADmiN. CommYrIEN Parks & Recreation Department Unanimous Approval; Forward to the Regular Meeting COST IMPACT / FUND SOURCE 1-,:xim;NDITuRk RUQUIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/4/19 MTG. DATE ATTACHMENTS 11/4/19 Informational Memorandum dated 10/17/19 Grant Application Memo and Attachments dated 3/6/19 Grant Award Letter - South 116th St Acquisition DRAFT Interlocal Agreement Minutes from Community Development & Neighborhoods Committee meeting 10/29/19 (distributed separately) 215 216 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development & Neighborhoods Committee FROM: Rick Still, Parks & Recreation Director By: Robert Eaton, Parks & Recreation Manager CC: Mayor Ekberg DATE: October 22, 2019 SUBJECT: Interlocal Agreement with King County for Grant Funds ISSUE Entering into an Interlocal Agreement with King County to receive Conservation Futures Tax Grant funds. BACKGROUND On March 12, 2019, the Community Development and Neighborhoods Council Committee approved staff to apply for King County Conservation Futures Tax (CFT) Grant funds for two separate projects. One project was for acquisition of a specific parcel in the Duwamish Community along South 116th (Acquisition) to match the 2018 CFT award the City received for this project. The second project was for acquisition of a parcel on 146th & 35th Ave South, near TIB. Since submitting the application, the property owner communicated they were no longer interested in selling to the City. King County granted permission for the City to re -purpose the grant application to a new project at a lesser funding request. That new project is called, Equitable Access Initial Acquisition Work (Access), and will focus on looking for potential acquisition opportunities within identified recreational deserts as seen on the attached map (Attachment A), to provide improved access to recreational spaces. This project dovetails with the 10-Minute Walk Grant work as well. These two projects utilize the same CFT grant program, however, they are on slightly different timelines because the Acquisition project is bond funded and the Access project is not. The Acquisition bond funded project has already been awarded (Attachment B) and funds may be available as soon as end of year 2019, whereas the Access project is on the non -bonded recommended projects list and is awaiting official award from King County Council which is scheduled for mid -November. That process is a couple months behind the bond process so funds will be available in early 2020. DISCUSSION To partner with King County on their CFT Grant Program, and utilize the funds, the City needs to enter into an Interlocal Agreement (ILA) with King County. The DRAFT ILA (Attachment C) includes both projects which are broken into three separate awards, as seen on pages 13-14 of the DRAFT ILA. 217 INFORMATIONAL MEMO Page 2 The intent is to complete the Acquisition project by the end of 2019, therefore a Purchase and Sales Agreement is tentatively scheduled for Executive Session on November 18, 2019. FINANCIAL IMPACT Acquisition project: There is no long-term financial impact to the City's general fund for the purchase of this property; even staff time and fees are included in this grant. The acquisition is fully funded through the coupling of CFT grant funds awarded in 2018 for the acquisition along with the 2019 CFT Bond funds that were just awarded as well. The required match for the 2019 CFT funds for the Acquisition project has been waived. The only short-term financial impact to the City is that the initial purchase is conducted with City funds, and then will be reimbursed by the grant. Access project: Expenditures for this project require that CFT funds shall be supported "with a matching contribution, which is no less than the amount of Conservation Futures Levy proceeds allocated to the Project." This would be funded through the Parks and Recreation capital acquisition CIP funds and would not exceed $25,000. RECOMMENDATION The Committee is being asked to consider authorizing the Mayor to sign an Interlocal Agreement with King County for the Conservation Futures Tax Grant Program and forwarding to Consent Agenda on the November 4, 2019 Regular City Council Meeting. ATTACHMENTS A. Tukwila Equitable Access Map B. Grant Award Letter — South 116th St Acquisition C. DRAFT Interlocal Agreement 218 Z:1Council Agenda Items1Parks and Recreakon110-29-19 CDNlltem b. - Interlocal Agreement for Grant FundsIMEMO - King County CFT Grant ILA (10-21-19) - FINAL.doc w1IIIIIiIIlu111i1iiiiiNililymtl1lill111111lllil "0111V�II N1liillull °Illlliii'o p wuuuiuuliuluu„II0 1161II'1' I I II Wkll&'llllllllll 1111111 loll, „ �"II uIIVIIVpiuV lu r II III uuu��l I I d� Ili 16A(c%��uihlr,l ����jd��� V u96�_�.luinlw,va,�amyn a'!'are'Mmei�.� Tukwila: Equitable Access Feasibility Study Legend iiii1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII p^u ,IIII iiy 1,1111 Glumllu wIII161 IIIII IIIIUI'�Illlh III Ill,' 'i I .IUFwG'. m,p IIII Ii� Mlin w,x MEI Parks in King County Public Lands ro #10.010000001,0 , IrI 0000000000001100000000000000011u I011 ICI 1 uuuuuuuuuuuiuuuduuuuiuuullll 1"'uIi 111111111111 1111111110011 I I� �IuuuIIIIIIIIIII h �Ili�yul�uu�m 220 King County Water and Land Resources Division Department of Natural Resources and Parks King Street Center 201 South Jackson Street, Suite 600 Seattle, WA 98104-3855 206-477-4800 Fax 206-296-0192 TTY Relay: 711 October 15, 2019 Rick Still 12424 42nd Ave S, Tukwila, WA, 98168 Dear Rick: The King County Council has approved Conservation Futures funding for the City of Tukwila's Duwamish River Habitat Corridor project. The Council approved $335,000.00 of Conservation Futures bond -backed funding for the project in Ordinance #18987. We have a new Interlocal Cooperation Agreement approved by King County Council under Ordinance #18978. The city and King County need to adopt this agreement prior to the release of Conservation Futures funds. The project should be completed within two years of King County Council's approval of funds. Please contact me at (206) 477-4578 or Ingrid.Lundin(kinacounty.ov if you have any questions about this award. Sincerely, Ingrid Lundin Conservation Futures Program Coordinator 221 222 INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR CONSERVATION FUTURES -FUNDED OPEN SPACE ACQUISITION PROJECTS THIS INTERLOCAL COOPERATION AGREEMENT is a grant agreement entered into between the CITY OF TUKWILA ("City") and KING COUNTY ("County"). Article I. Recitals On February 27, 1989, the King County Council passed Ordinance 8867, which established a process to allocate the proceeds of the Conservation Futures Fund. On September 21, 1989, the King County Council passed Ordinance 9128, which established a Conservation Futures Levy Fund to provide for the receipt and disbursement of Conservation Futures tax levy proceeds and established conditions for use of the Fund, including conditions covering allowable cost and expenses. On July 21, 2003, the King County Council passed Ordinance 14714, authorizing funding allocation procedures for King County Conservation Futures tax levy collections and amending Ordinance 8867, Section 2, as amended. The Conservation Futures Advisory Committee has recommended an allocation of Conservation Futures proceeds to specific projects from the Conservation Futures Levy Fund following notification to the cities that proceeds were available, provision of an opportunity for the cities to respond and receipt by the committee of requests for funding, all pursuant to Ordinance 8867, as amended by Ordinance 14714. 1 223 Starting in 1990 and through 2017, the King County Executive, as authorized by the King County Council, executed Interlocal Cooperation Agreements with the cities of Auburn, Bellevue, Black Diamond, Bothell, Burien, Carnation, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, Seattle, Shoreline, Snoqualmie and Tukwila, and Vashon Park District. Many of these agreements were amended over time to add new projects. The existing Interlocal Cooperation Agreements remain in place with an indefinite term for the projects for which Conservation Futures proceeds were disbursed. The agreements require the properties to be maintained as open space in perpetuity. The King County Council, by Ordinance 18978, has approved a new Interlocal Cooperation Agreement for future projects in order to add terms for the use of bond proceeds for certain projects, achieve consistency between the agreement and the King County Code, and make other technical changes. Pursuant to chapter 39.34 RCW, the parties agree to the following: Article II. Definitions 1. Open Space The term "open space" or "open space land" means: (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly; or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, 2 224 or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife reserves, natural reservations or sanctuaries or other open space, or (v) enhance recreational activities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land of not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or (c) any land meeting the definition of farms and agricultural conservation under subsection (8) of RCW 84.34.020. As a condition of granting open space classification, the legislative body may not require public access on land classified under (b) (iii) of this subsection for the purpose of promoting conservation of wetlands. 2. Project The term "Project" means the specific projects described in Exhibit A or added by follow-on amendments to disburse proceeds pursuant to Section 8.2 of this agreement. Conservation Futures The term "Conservation Futures" means developmental rights which may be acquired by purchase, gift, grant, bequest, devise, lease or otherwise, except by eminent domain, and may consist of fee simple or any lesser interest, development right, easement, covenant, or other contractual right necessary to protect, preserve, maintain, improve restore, limit future use of, or otherwise conserve open space land, all in accordance with chapter 84.34 RCW and K.C.C. chapter 26.12. Article III. Purpose of the Agreement 3 225 The purpose of this agreement is to create a cooperative arrangement between the City and the County relating to the Project and to define the terms and conditions governing both parties' obligations created by this agreement. Article IV. Term of Agreement This agreement shall be continued in full force and effect and binding upon the parties hereto upon execution of the agreement by both parties.The terms of the agreement shall be indefinite. The agreement will be terminated if the City is unable or unwilling: 1) to expend the proceeds provided through this agreement; 2) to satisfy the matching requirements contained in this agreement; and 3) upon reimbursement by the City to the County of all unexpended proceeds provided by the County pursuant to this agreement in the manner and amounts described below and payment of all amounts due pursuant to Section 8.1. Article V. Conditions of Agreement Section 5.1 -- Project Descriptions. Proceeds available pursuant to this agreement may be used only for he Projects listed in Exhibit A, such substituted Projects as may be approved by the County as set forth below, or Projects added by follow-on amendments to disburse proceeds pursuant to Section 8.2 of this agreement. All County funded Projects must meet open space criteria as described in chapter 84.34 RCW and K.C.C. chapter 26.12. Section 5.2 -- Use of Proceeds. Proceeds provided to the City pursuant to this agreement as well as moneys provided by the City as match pursuant to this agreement may be used only to pay capital costs related to property acquisition. Those costs include 4 226 appraisals, title searches, negotiations, administrative overhead, and the cost of actual acquisition or purchase options, and all other costs meeting the requirements of K.C.C. 26.12.010. The City shall have the property valued by an appraisal performed by an independent state -certified real estate appraiser with a current general real estate appraiser license, and reviewed by an independent state -certified general real estate appraiser. In requesting reimbursement of proceeds for the Project, the City shall demonstrate to the County compliance with this Section 5.2. Proceeds utilized pursuant to this agreement may not be used to purchase land obtained through the exercise of eminent domain. Section 5.3 -- Completion/Substitution/Deletion of Projects. The City shall complete the Project described in Section 5.1 of this Agreement within a two year period from the effective date of the County ordinance appropriating funding for the Project. If the City does not meet this two year requirement, unless the City demonstrates to the Advisory Committee a compelling reason for continuance of CFT funding for the Project beyond the two-year limit or a reprogramming request is timely approved as provided for below, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such proceeds for other projects in other jurisdictions. The City may submit specific requests for project reprogramming to the County for its approval within the two year period. All projects proposed for reprogramming must meet open space criteria as described in chapter 84.34 RCW and K.C.C. chapter 26.12, be submitted for recommendation by the County's Advisory Committee or its successor, and be approved by action of the King County Council. All 5 227 reprogramming requests shall be submitted to the County's Department of Natural Resources and Parks, Open Space Acquisitions Unit, or its successor. Section 5.4 -- Eminent Domain. If any Project requires the exercise of eminent domain to acquire the property, all proceeds provided pursuant to this agreement plus accrued interest on such proceeds shall be reprogrammed as provided in this agreement or repaid to the County. Article VI. Responsibilities of the City Section 6.1 -- Matching Requirements. Except for acquisitions of property interests in opportunity areas, as defined by K.C.C. 26.12.003, any Project funded by Conservation Futures Levy proceeds shall be supported by the City in which the Project is located with a matching contribution, which is no less than the amount of Conservation Futures Levy proceeds allocated to the Project. This contribution may be in the form of cash, land match with a valuation verified by an appraisal by an independent state - certified real estate appraiser with a current general real estate appraiser license, or the cash value, excluding King County conservation futures contributions, of other open spaces acquired within the previous two years from the date of submittal of the application by the City. The appraisal, to be reviewed, shall have been performed within two years of the application deadline set for the annual allocation of conservation futures tax levy proceeds under which the Property received funding. Properties considered as land match or cash value of other open space acquisitions should be directly linked to the property under application. Any City match, other than cash, shall require County 6 228 approval. County approval and County acceptance of the City's match will be transmitted in writing to the City by the County's Designated Representative. Section 6.2 -- Reporting. All proceeds received pursuant to this agreement and accrued interest therefrom will be accounted for separately from all other City moneys, accounts and moneys. Until the property described in the Project is acquired and all proceeds provided pursuant to this agreement have been expended, the City shall provide the reports required by K.C.C. 26.12.035. Section 6.3 -- Disposition of Remaining Proceeds. If the City does not expend all proceeds obligated to be provided through this agreement and no substitute project is requested or approved as to the excess proceeds, such proceeds, if held by the City, shall be refunded to the County. For purposes of thissection, "proceeds" shall include all moneys obligated to be provided by the County plus interest accrued by the City on such moneys. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. Section 6.4 -- Maintenance in Perpetuity. Except as provided in this Section 6.4,the City, and any successor in interest, agree to maintain properties acquired with proceeds provided pursuant to this agreement as open space in perpetuity and, as required by the County, to include in the real property records notice of this restriction. Projects carried out by the City in whole or in part with funds provided for under the terms of this agreement shall not be transferred or conveyed except by agreement with an agency or nonprofit organization as defined in K.C.C. 26.12.003, which shall provide that the land 7 229 or interest in land shall be continued to be used for the purposes of K.C.C. chapter 26.12, and in strict conformance with the uses authorized under chapter 84.34 RCW. The City shall not change the status or use of properties acquired with proceeds provided pursuant to this agreement unless the City provides equivalent lands or cash in exchange for the land to be changed to a different use. The land shall be valued in its changed status or use, and not based upon its value as open space, and the replacement land or payment amount must be approved by the County. If requested by the County, at its own cost the City will provide the County an appraisal performed within the previous year by an independent state -certified real estate appraiser with a current general real estate appraiser license. The value established by the appraisal will not be binding on the County. If the County approves replacement land, the City shall complete the replacement within one year of approval. If the County approves cash reimbursement, the City shall pay the County within 90 days of approval. Section 6.5 — Tax Covenants. The City acknowledges that proceeds provided by the County for a Project may be proceeds of tax-exempt bonds (the "Bonds") subject to certain requirements of the Internal Revenue Code of 1986, as amended (the "Tax Code"), including any implementing regulations and any administrative or judicial interpretations. The City will comply with Tax Code requirements, including those set forth in Exhibit B, which is incorporated herein, applicable to Bond -financed Projects identified in Exhibit A, which is incorporated herein, as well as Bond -financed Projects identified in subsequent amendments to this agreement. Article VII. Responsibilities of the County 8 230 Subject to the terms of this agreement, the County will provide Conservation Futures Tax Levy proceeds in the amounts and for the Projects identified in Exhibit A as well as in those amounts and for those Projects identified in subsequent amendments to this agreement. The City may request additional proceeds; however, the County has no obligation to provide proceeds to the City in excess of the amount shown in Exhibit A. The County assumes no obligation for future support of the Project described herein except as expressly set forth in this agreement. Article VIII. Other Provisions Section 8.1 -- Hold Harmless and Indemnification. A. The County assumes no responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees, contractors or others by reason of this agreement. The City shall protect, indemnify and save harmless the County, its officers, agents and employees from any and all claims, cost and whatsoever occurring or resulting from: 1) the City's failure to pay any compensation, fees, wages, benefits or taxes; and 2) the supplying to the City of works services, materials or supplies by City employees or agents or other contractors or suppliers in connection with or in support of performance of this agreement. B. The City further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception, which occurs due to the negligent or intentional acts of this agreement by the City, its officer, employees, agent or representatives arising out of the performance of the terms of this agreement. 9 231 C. The City shall protect, indemnify and save harmless the County from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City, its officers, employees or agents in the performance of its obligations under the terms of this agreement. For the purposes of this agreement only, the City agrees to waive the immunity granted it for industrial insurance claims pursuant to Title 51 RCW to the extent necessary to extend its obligations under this paragraph to any claim, demand, or cause of action brought by or on behalf of any employee, including judgments, awards and costs arising therefrom including attorney's fees. D. To the extent permitted by law, and except to the extent caused by the sole negligence of the County, the City agrees, at its expense, to pay, and to indemnify and hold the County, its officers, employees or agents harmless of, from and against, any and all claims, damages, demands, losses, liens, liabilities, penalties, fines, taxes, lawsuits and other proceedings and costs and expenses (including attorneys' fees) of every conceivable kind, character or nature whatsoever, arising directly or indirectly from or out of, or in any way connected with any examination or audit of any Bond issued to finance or refinance costs of any Bond -financed Project identified in Exhibit A as well as Bond -financed Projects identified in subsequent amendments to this agreement by the Internal Revenue Service, or any determination by the Internal Revenue Service or a court of competent jurisdiction that the interest on any such Bond is or should be subject to federal income taxation; provided, however, that the City shall not be liable for any payment made by the County with respect to any settlement of any such examination or 10 232 audit, or of any other proceeding related thereto, entered into without the consent of the City. Section 8.2 -- Amendment. The parties reserve the right to amend or modify this agreement. Amendments or modifications to disburse proceeds approved by the County Council must be by written instrument signed by the parties substantially in the form of Exhibit C. Other amendments also must be approved by the respective City and County Councils. Section 8.3 -- Contract Waiver. No waiver by either party of any term or. condition of this agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provision of this agreement. No waiver shall be effective unless made in writing. Section 8.4 -- Entirety. This agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated are excluded. This agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the Project and constitutes the entire agreement between the parties. The parties recognize that time is of the essence in the performance of the provisions of this agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: 11 233 KING COUNTY Dow Constantine King County Executive Date: Acting under the authority of Ordinance 18978 Approved as to form: Dan Satterberg King County Prosecuting Attorney 12 CITY OF TUKWILA Allan Ekberg Mayor Date: Acting under the authority of Approved as to form: Rachel Turpin City Attorney 234 EXHIBIT A 2019 & 2020 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATIONS Jurisdiction Project Allocation Tukwila Duwamish River Habitat Corridor (2019 award) $335,000 Tukwila Duwamish River Habitat Corridor (2020 award) $335,000 Tukwila Equitable Access Initial Acquisition Work (2020 award) *NOTE: NOT YET APPROVED BY KING COUNTY COUNCIL, ANTICIPATED COUNCIL ACTION NOV. 2019* $25,000*PENDING KC COUNCIL APPROVAL TOTAL $695,000*PENDING KC COUNCIL APPROVAL Project Description: Project #1133810: Tukwila — Duwamish River Habitat Corridor (2019 award) Tukwila is awarded funding to acquire a 0.93-acreparcel 073300-0225 located next to the Green River Trail to provide riverfront public access and restoration opportunity along the Duwamish River. This site offers passive park opportunity, with trails and viewpoints, in a neighborhood with no other passive parks. The property contains 160 feet of tidally influenced shoreline within the Duwamish River transition zone. Project funding was authorized in King County Ordinance 18835. Is this a Bond -financed Project? No Project #1136984: Tukwila — Duwamish River Habitat Corridor (2020 award) The City of Tukwila received an award of $335,000 CFT in FY 2019 annual dollars for this proposal to acquire 0.93-acre (parcel 0733000225) on the Duwamish River. The city is returning this year to seek a match waiver and apply for the remaining $335,000 in funding necessary to complete the project. This project was determined to be an opportunity area project eligible for a match waiver (see Section 6.1 of the ILA), so the local funding match requirement was waived for both the 2019 and the 2020 awards. Project funding was authorized in King County Ordinance 18987. Is this a Bond -financed Project? Yes 13 235 Project # 1136851: Tukwila — Equitable Access Initial Acquisition Work (2020 award) This project is for initial acquisition work to help identify a new open space acquisition to serve open space equity needs in Tukwila. The project proposes to use the requested funding for title, appraisal, and start-up work on mapped parcels in the city that meet all three defined criteria for a match waiver. This project is not property -specific. City cash match is required for this project. Project funding was authorized in King County Ordinance [TBD -- *NOTE: NOT YET APPROVED BY KING COUNTY COUNCIL, ANTICIPATED COUNCIL ACTION NOV. 2019*]. Is this a Bond -financed Project? No 236 14 EXHIBIT B Tax Covenants The City acknowledges that proceeds provided by the County for the Project may be proceeds of Bonds subject to certain requirements of the Tax Code. The City will take all actions with respect to the Project, and proceeds received for the Project, necessary to assure the exclusion of interest on the Bonds from the gross income of the owners of the Bonds, including but not limited to the following: (a) Expenditure of Proceeds. The City will expend proceeds of the Bonds received from the County for capital expenditures for federal income tax purposes within the meaning of Section 1.150-1(b) of the Tax Code. Bond proceeds may be expended to pay, or reimburse the City for, Project capital expenditures or to repay interim indebtedness incurred for capital expenditures of the Project. (b) Notice. The City will provide notice of action taken or planned to issue any tax-exempt indebtedness, including bonds, bank loans, or other tax-exempt indebtedness, to finance Project costs. (c) Treatment as Grant. (1) The City is a governmental entity possessing substantial taxing, eminent domain and; police powers and constituting a political subdivision of the State. (2) The City is not acting as an agent of the County. (3) The grant of proceeds for the Project does not impose any obligation or condition to directly or indirectly repay any amount to the County (excluding obligations or conditions intended solely to assure expenditure of the transferred moneys in accordance with the governmental purpose of the transfer). (4) The grant is required to be used for open space as required under Article II but does not impose any conditions relating to the use of the Project or other property of the City by the County or any of its agencies or authorities. (5) This agreement is a grant agreement. (d) Limitations on Disposition of Project. The City will not sell or otherwise dispose of any components of the Project without prior approval by the County and compliance with timeframes for completion of land replacement or cash reimbursement as provided in Section 6.4. (e) Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the Bond proceeds received and with respect to the 15 237 Project for at least three years after the Bonds mature or are redeemed as provided in the amendment granting such Bond proceeds to the City. (f) Cooperation. The City will provide tax certificates when and as requested by the County or County's bond counsel in order to establish or maintain the tax-exempt status of the Bonds. The City will cooperate in any audit of the Bonds by the Internal Revenue Service, including disclosure of any record, contracts and other materials relating to the Bond proceeds received by the City and the Project. 16 238 EXHIBIT C AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for the allocation of additional proceeds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the day of (Month), (Year), as previously amended. The parties agree to the following amendment: The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached hereto. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. Once fully executed, this Amendment shall be incorporated into the existing Interlocal Cooperation Agreement as if fully set forth, and shall become Amendment . IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF Dow Constantine King County Executive Date: Mayor Date: Approved as to form: Approved as to form: 17 239 Dan Satterberg King County Prosecuting Attorney City Attorney 240 18 EXHIBIT 1 [YEAR] CONSERVATION FUTURES LEVY PROCEEDS CITY OF ALLOCATION Jurisdiction Project Name (Project Number) Allocation [City Name] [Project Name] ([Project Number]) $ TOTAL $ Project Description: Project #fProject Number] [City Namel — [Project Name] [Project Description used in legislation approving proceeds] Is this a Bond -financed Project? 19 241 242 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by May r's review council r view 10/28/19 HK 11/04/19 HK 4 ( ITEM INFORMATION ITEM NO. 7 .C. STAFF SPONSOR: HARI PONNEKANTI ORIGINAL AGUNDA DATE: 10/28/19 AGENDA ITEM TITLE Public Safety Plan - Public Works Shops Lydig Change Order No. 5 for Demolition CATEGORY r1 Discussion 10/28/19 g Motion 11/04/19 111 Resolution Meg Date III Ordinance Mtg Date ['Bid Award MtgDate II] Public Heating Meg Date III Other Alt,gDate ivitg Date MtsDate SPONSOR Council Mayor DEIR EIDCD Finance -ire TS flP&R ['Court Police 131V SP oNS0W S Council is being asked to approve Change Order No. 5 to Contract No. 18-001 to allow SUMMARY Lydig Construction to demolish the Lifestyles landscape building and the coffee shop outbuilding as part of the Public Safety Plan - Public Works Shops. The two buildings are not suitable for Public Works functionality and the removal of the buildings are necessary to prevent the public nuisance from squatters and trespassers. Lydig will be able to perform the demolition quickly and efficiently. RINIEW11) BY 111 C.O.W. Mtg. El CDN Comm Finance Comm. 0 Public Safety Comm. fl Arts Comm. Parks Comm. 0 Planning Comm. & 10/22/19 COMMITTEE CHAIR: ZAK IDAN E. Trans &Infrastructure DATE: 10/08/19 RECOMMENDATIONS: spoNsoR/ADmiN. Commilmi Public Works Department No recommendation; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE RN,QUIRF,I) AMOUNT BUDGETED APPROPRIATION REQUIRED $73,707.00 $30,000,000.00 $0.00 Fund Source: 306 FUND & WATER, SEWER, AND SURFACE WATER FUNDS Comments: pg 59, 2019 CIP MTG. DATE RECORD OF COUNCIL ACTION 10/28/19 Forward to next Regular Meeting 11/04/19 MTG. DATE ATTACHMENTS 10/28/19 Informational Memorandum revised date 10/18/19 2019 CIP, page 59 Lydig Proposal for Change Order No. 5 Minutes from the Transportation & Infrastructure Committee 10/08/19 & 10/22/19 11/4/2019 No attachments 243 244 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayo ir review Council review 10/28/19 HK 11/04/19 HK W W ITEM INFORMATION ITEM No. 7.D. STAFF SPONSOR: HARI PONNEKANTI ORIGINAL AGENDA DATE: 10/28/19 AGENDA ITEM Trn,E Public Adopt Safety Plan - Public Works Shops Master Plan C.vrilGORY FI Discussion 10/28/19 El Motion Altg Date 11/04/19 fl Resolution AN Date III Ordinance Alit Date El Bid Award Alt,g Dale 0 Public Hearing Mt,g Date . Other AN Date A lt,g Date SI' ONSOR Council Mayor 1111 /R EIDCD Finance EFzre EIITS EP&R Police [ZIPW 11Court SPoNSoit'S Council is being asked to adopt the Public Works Shops Master Plan. The Public Works SummARy Master Plan's Phase 1 focuses on relocating the Public Works Fleet and Facilities divisions from George Long to the Heiser property after seismic retrofitting and upgrades. The Public Works Phase 1 also includes moving the Police vehicle evidence storage and Surface Water spoils from the Longacres site. Ri A' BM M BY C.O.W. Mtg. El CDN Comm Arts Comm. & 10/22/19 Finance Comm. El Public Safety Comm. Comm. Planning Comm. CHAIR: ZAK IDAN VI Trans &Infrastructure . Parks DATE: 10/08/19 CO Mil I EE RECOMMENDATIONS: SIk CommiTTFE Public Works Department No recommendation; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $8,200,000.00 $30,000,000.00 $4,400,000.00 Fund Source: 306 FUND & WATER, SEWER, AND SURFACE WATER FUNDS Comments: pg 59, 2019 CIP MTG. DATE RECORD OF COUNCIL ACTION 10/28/19 Forward to next Regular Meeting 11/04/19 MTG. DATE ATTACHMENTS 10/28/19 Informational Memorandum revised date 10/18/19 Financial Framework Summary Public Works Shops Master Plan PowerPoint Presentation (distributed separately) Minutes from the Transportation & Infrastructure Committee 10/08/19 & 10/22/19 11/04/19 Info memo updated 11/1/19 after 10/28 C.O.W. 245 246 City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Hari Ponnekanti, City Engineer CC: Mayor Allan Ekberg DATE: October 4, 2019 (revised 11/01/19) SUBJECT: Public Safety Plan - Public Works Shops First Phase 1 Project No. 91630601 Master Plan Next Steps ISSUE Approve the Public Works Shops Master Plan and funding for Public Works Shops Phase 1. Update-on-the-Pubtio-Works Shops Master Plan and seek approval for financing the improvements to the Heiser property, BACKGROUND The City hired SHKS Architects to conduct a Master Planning and Programming effort for the City's Public Works Maintenance Shops facilities in September 2018. Master Planning efforts are a good tool to logically implement overall facility improvements. The Public Works Master Plan envisions the redevelopment of over 13 acres of land, which will serve the Public Works Department into the future with planned growth through the year 2045. SHKS conducted several meetings with PW staff, visited the existing facilities, toured similar PW facilities in the region and developed a Master Planning and Programming Report. Several options were discussed and the selected Master Plan and the proposed tenant improvements to the Heiser site are the most practical and least expensive option. The current George Long building lacks sufficient spacing for routine maintenance and is also one of the most seismically deficient City building. The new site will be much safer for our employees and provides more space, therefore increasing operation efficiency. In addition, some of the equipment from Minkler Shops can also be moved to Heiser, allowing more space at Minkler Shops for maneuverability and productivity. ANALYSIS The findings from the Public Works Shops Master Plan are summarized in the attached updated PowerPoint presentation. The City took possession of the Heiser properties in July 2019 and will take possession of the UPS site in 2023. Master Plan Summary • The Public Works Shops First Phase 1 of the Master Plan focuses on relocating the PW Fleet Maintenance and Facilities divisions from George Long Shops to the Heiser property after seismic retrofitting and upgrades. The First Phase 1 will also include moving the Police vehicle evidence storage and spoils from the Longacres site. • The Longacres site will need to be vacated and moved to the Heiser site by 2021. To meet federal NPDES regulations, spoils need to be stored in a covered site. • Public Works staff agree that the best option is to move George Long and Longacres operations to the Heiser Building. • George Long was chosen to move to the Heiser Building, after necessary renovations, as the George Long Building is seismically and environmentally deficient and is hazardous to City employees. • The Fleet mechanics work full-time in George Long as opposed to other Public Works employees that are mainly in the field. The George Long facility does not have an adequate exhaust system and does not meet regulatory requirements. • As George Long is seismically deficient, if there is an earthquake and the building is destroyed, the entire City would be without the facilities and fleet divisions to assist with Police, Fire and other emergency operations. 247 *19(110 Info Morrinc1Infn AAamn AAnctor PInn Pruinr4 111ni 10 line, Informational Memo Page 2 • With the table below, George Long's future square footage needs will be covered in Phase 1. If Minkler were to move to Heiser at this time, their future needs would not be met and would have to move twice (see page 48 and 53 of Master Plan). Facilities Current Square Footage Future Square Footage Needs George Long Shops Facilities, Fleet, Spoils and Police Impound Yard 57,770 55,670 Longacres site (need covered spoils) 13,215 15,460 Subtotal 70,985 71,130 Minkler Shops Streets, Water, Sewer, Surface Water New Decant facility, New Fleet Parking 100,618 376,001 Heiser Program Area 73,925 Next Steps Approval of $44 $5.7 million for funding the PW Shops First Phase 1 (to move forward with Heiser improvements) • Demolition of two outbuildings at the Heiser site. QetlNov 2019 • Heiser design for additional seismic retrofitting and interior and exterior improvements. Upgrades to HVAC, mechanical, electrical, and storm drainage. Nov 2019 - April 2020 • Advertise and award additional seismic retrofitting and improvements. April 2nd Qtr 2020 • Project completion. December 2020 1st Qtr 2021 )- Staff will return to Council for financing of Phase 2. Phase 2 - Possession of UPS site in 2023. Build Administrative offices and relocate Minkler. Cost estimate of $33 million. At the completion of Phase 2, all Public Works employees will be relocated to safe and efficient facilities. Phase 3 - Build new Fleet Maintenance Building, demolish Heiser Building, and install covered storage for $37 million. The Public Works gi-nal-Phases 2 and 3 will include the entire buildout of the Heiser and UPS sites. PHASE 1 FINANCIAL IMPACT Expenditures 2019 Budget Budget Request Land Purchases $ 25,334,123.00 $ 30,000,000.00 Contracts & Demolition 856,928.88 PW Shops First Phase General Fund $ 2,850,000.00 Utilities 2,850,000.00 Total $ 26,191,051.88 $ 30,000,000.00 $ 5,700,000.00 Budget Balance $ 3,808,948.12 After the October 28, 2019 Committee of the Whole meeting, Council recommended that the Public Works Shops Phase 1 include additional seismic improvements to the Heiser building for an additional cost of up to $1.3 million to improve the building's integrity in the event of a catastrophic earthquake. SHKS estimates that the PW Shops First Phase 1's costs will be $6.7 $5,8 million and soft costs at $2.8 $2.1 million, for an estimated total project cost of $9.5 $8.2 million. Project soft costs include design fees, construction management fees, construction contingency, and sales tax. 248 W•V,1110 If'. Infer Mon.,. Nine... PI In Dr.rnA 1111110 Informational Memo Page 3 The 2019 CIP's PW Shops budget is $30 million and to date $26,191,051.88 is estimated to be spent, which leaves a balance of $3.809 million. To complete the PW Shops First Phase 1 at an estimated cost of $8,2 $9.5 million, additional funding of $5.7 $44 million is needed. The current funding has the PW Shops split 50/50 between the General fund (Streets, Facilities, & Fleet) and the Enterprise funds (Water, Sewer, & Surface Water). To continue with this 50/50 division, the General fund will need to budget $2.85 $.2,2 million and the Utilities would fund the remaining $2.85 $2,2 million. Both Water and Sewer Utilities appear to have sufficient unreserved fund balance to absorb the additional costs, further analysis is needed to determine if the Surface Water utility can absorb the additional costs with the current rate model. There is funding available in all three of the Water/Sewer/Surface Water Utilities to fund the $2.85 $272 million that will not impact utility rates or capital improvement projects. FINANCING PLAN To fund the gap of $2.85 $272 million in the General fund, funds can come from two sources. A transfer of $1 million from the general fund to the arterial street fund is currently budgeted in 2020. Because there is currently a healthy fund balance due to impact fees exceeding budget, the budgeted transfer can be redirected to the PW Shops project fund. Additionally, the 2020 general fund budget has a budgeted surplus of $1.4 million and could be utilized to fund the remaining request of $1.2 million. St-aff-1,441-wa*414r4augh-the-entire-finanGing-plan-at-the-meeting-G1:1-Osteber--8720-19, Due to favorable interest rates in the bond market, coupled with the City's upgrade in rating from AA to AA+, total debt service for the 2019 LTGO bond issue was $3.6 million less than budgeted (attached in updated financing schedule). The resulting savings will be realized in the general fund and utility funds over the life of the bonds, which is 20 years. The general fund will realize savings of approximately $2.8 million and the utility funds will realize a combined savings of $800,000. Minkler Shops Interim Improvements Until we take possession of the UPS site in 2023, Minkler Shops will require some improvements in the interim. Currently there are limited bathroom facilities, only one shower, and the locker room does not have adequate space. Proposed improvements include an expansion of the men's restroom, relocating the locker room and building a new mud room. Also proposed are safety and security upgrades that include additional yard lighting and main gate improvements. The existing gate is currently not automated and left open during the day as staff come and go. The cost estimate for the Minkler Shops Interim Improvements are $500,000 and would be included in a new CIP project with funding from the Utility Enterprise funds. RECOMMENDATION G(341461-is-being-asked-to-approve-pfejeGt-fundiag-of-$8,244iiii0P4Gr-the-Publis-Works-ghops-Fifst-Rhase-,and-aliow-staff-te m4ve-ferward-vvith-tne-negetiation-ef-the-desigri-GGRtfaGt-Of-the-Heis' er-improvements-and-te-Gensider-this-item-at-OGtober 14, 2019 Committee of the Whole. Council is being asked to approve one or both of the following options and to consider these items at the October 28, 2019 Committee of the Whole and subsequent November 4, 2019 Regular Meeting: 11 Approve the Public Works Shops Phase 1 (Heiser) Master Plan and fund an additional $4.4 million and up to $1.3 million for additional seismic retrofitting for Public Works Shops Phase 1 (Heiser) for a total of $5.7 million and, 2), Approve the Minkler Shops Interim Improvements that would be funded by utility enterprise funds for $500,000. attachments: Financial Framework Summary (updated 10/16/19) PW Shops Master Plan PowerPoint (updated 10/18/19) Link to PW Shops Master Plan https : / /staksarcriltects .sharefile.com/ci-s563380e59a646708 249 W 0(110 info hApryine1I flirt AAarnn Nifqetor PI,, I 1 fl 1 10 250 TO: C Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: October 30, 2019 SUBJECT: City Administrator's Report 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 • South King County Housing and Homelessness Partnership (SKHHP) Meeting: Councilmember Seal, Council Analyst Laurel Humphrey and Community Development staff attended the South King County Housing and Homelessness Partnership meeting, which was hosted by Tukwila at the Community Center. Burien staff shared their recent work related to rental housing policies including provisions for 'just cause eviction'. All the cities provided an update on HB 1406 and most cities have adopted a resolution and an ordinance. Tukwila has adopted legislation and has provided notice to the Department of Revenue to start collecting sales tax for affordable housing. In the coming months SKHHP will consider a resolution whether or not to recommend pooling funds. II. Community Events • Artist Talk: On October 15 local artist John Taylor (also a Tukwila Senior Adult Program part- time staff member) gave an artist talk about his life and work. The talk was sponsored by 4 Culture and 24 people attended the event. Taylor's work is currently on display at the Tukwila Community Center. • Harvest Carnival: The annual Harvest Carnival was held on October 24 at the Tukwila Community Center. Approximately 1600 people attended the event and over 200 pairs of socks were donated. • John Beal Volunteer Award Presentation: On October 19 at Duwamish Alive, local resident and Park Commissioner, Sean Albert was presented the John Beal Volunteer Award for his service at the Duwamish Hill Preserve. Sean has led countless work parties and educated over a 1,000 volunteers about the historical site and the importance of restoring our natural environment. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 251 City Administrator's Report October 30, 2019 Page 2 W. Staff Updates Project Updates • S 196th/200th Street Bridge Repair: Estimated Completion: January 2020 The bridge has been completely closed to vehicle traffic for two weeks. Pedestrians have access to cross the bridge on the south side. The bridge seat has been poured and Nordvind Company is in the process of grading and pouring the north approach. The bridge is still on schedule to be open to traffic the week of Thanksgiving with punchlist completion in December. • 53rd Ave S: Estimated Completion: December 2019 Seattle City Light (SCL) is currently reviewing the as -built plans from the contractor on the new underground facilities and City project staff are working with SCL to schedule the underground crew to come out and begin the conversion. • 42nd Ave Phase III: Estimated Completion: November 2019 Contractor returned to the project site on October 21 and is completing the remaining punchlist items. Contractor is erecting the streetlight poles and is aiming to have all streetlights energized by the end of the month. • Boeing Access Rd over Airport Way Bridge: TranTech has submitted 90% design drawings and specifications to the City for review. The 90% review process is underway with the bid process planned for December 2019 with construction starting in early 2020. • Traffic Calming/Residential Safety: Rectangular Rapid Flash Beacon (RRFB) at 37thAve S and S 144th St crosswalk is now under construction. Installation of the driver feedback radar sign on S 144th St is scheduled for late Oct. The All -Way Stop Study is complete and recommended for S 147th St at 57th Ave S. All -Way Stop Study is complete for 58th/S144th and results will be presented soon. Boards, Commissions and Committees The following advisory bodies have terms ending this year: Civil Service Commission, Community -Oriented Policing Citizens Advisory Board, Equity and Social Justice Commission, Human Services Advisory Board, Library Advisory Board, Park Commission and Planning Commission. Anyone interested in serving on one of the advisory bodies should submit a completed Boards, Commissions and Committees Application Form to the Mayor's Office by 5 PM on November 15, 2019. The application form can be on the City's website at www.tukwilawa.gov/departments/mayors-office/boards-and-commissions. • Arts Commission: Vacant Position: Position #7 Resident. Appointment recommendation scheduled for November 18, 2019. • Civil Service Commission: No vacancies. • COPCAB: Vacant Position: Student Representative. • Equity & Social Justice Commission: Vacant Position: Student Representative. • Human Services Advisory Board: No vacancies 252 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov City Administrator's Report October 30, 2019 Page 3 • Landmark Commission: No vacancies. • Library Advisory Board: Vacant Position: Student Representative. • Lodging Tax Advisory Committee: No vacancies. • Park Commission: Vacant Positions: Position #2 Community Representative and Student Representative. • Planning Commission: No vacancies. IV. Responses to Council/Citizen Inquiries Date of Inquiry Inquiry Response 10/14/2019 CM Kruller shared resident concerns about sight limitations at the intersection at S. 160th & 42nd. Public Works crews continue to work on this shared intersection with SeaTac. Crews have cleared some overgrowing vegetation and continue to work on improving sight lines. 10/14/2019 CM Kruller relayed a resident request for LED lights in Crystal Springs Park. Currently, all park parking lot lights are halogen lamps or compact fluorescent lamps (CFL) and the Crystal Spring lights were recently replaced on October 10, 2019. Parks crews also pruned vegetation to improve sight lines, enhance the spread of light, and improve safety. In order to change parking lot lights to LED, each fixture would need to be retrofitted and hardwired by an electrician.. 10/14/2019 CM Kruller expressed concerns about speeding on S. 122nd until 42"d Avenue and also on S. 160th and S. 164th. Public Works will add this S. 122nd to the Neighborhood Traffic Calming Project for consideration. These areas will also be referred to the Police Department for review. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 253 254 TUKWILA PUBLIC SAFETY PLAN Monthly Update October 31, 2019 Overall Plan Outreach • Groundbreaking ceremony for all Public Safety Plan Projects at the future FS51 site was held on Saturday, March 30, 2019. Financial Oversight Committee • The Committee reported to Council on September 4, 2018. The Chair of the Committee presented to the Finance Committee on June 24, 2019. • Next Committee Report to Council scheduled for end of 2019. Siting Advisory Committee • The Siting Advisory Committee voted to defer regular meetings as the major decisions have been made. They will meet on an as -needed basis. Acquisition Lease Updates • Process is complete. Disadvantaged Business Enterprise (DBE) Outreach • See attached status report from outreach consultant Darling Nava. Near -term Council Decisions and Key Dates • Contract amendments to Public Safety Committee and Council • Easement authority • Fire Station 52 TCC Fire Stations Siting • Complete. Architecture and Programming • Architectural program has been reviewed and approved by the team. Design and Permitting • All permits are issued for stations 51 & 52. Bidding and Construction • Construction for station 51 began in May 2019. 255 • Substantial Completion for station 51 is anticipated in May 202 • Construction for station 52 began in June of 2019 • Substantial Completion for station 52 is anticipated in December 2020 • Station 52 remaining bids have all opened • See monthly Construction Report for FS 51 and FS 52 construction progress and photos. Justice Center Siting • Complete. Architecture and Programming • Complete. Design and Permitting • Complete. Bidding and Construction • Construction began in April 2019. • Substantial Completion is anticipated in September 2020. • See monthly Construction Report for construction progress and photos. Public Works Facility • Project is transferred to Public Works Department in August 2019. Budget See attached Budget Report Schedule October 2019 • Fire Station 52 phase 2 bidding completed • Fire Station 52 Lydig contract amendment to Public Safety Committee 256 November 2019 • Fire Station 52 Lydig Total Contract Cost amendment to Council • Fire Station 52 phase 2 construction begins December 2019 through May 2020 • All projects construction continues May 2020 • Fire Station 51 Substantial Completion June 2020 • Fire Station 51 Final completion July 2020 • Fire Station 51 move-in/occupancy September 2020 • Justice Center Substantial Completion October 2020 • Justice Center furniture installation and move-in/occupancy January 2021 • Fire Station 52 Substantial Completion February/March 2021 • Fire Station 52 move-in/occupancy 257 258 TUKWILA PUBLIC SAFETY PROJECTS Justice Center SOJ Construction Management Monthly Report September 2019 Report Prepared by: Ethan Bernau Report Reviewed by: Justine Kim Owner's Representative: Shiels Obletz Johnsen (SOJ) Architect: DLR Group GCCM: BNBuilders Construction Progress: • Completed structural steel erection. • Installed metal decking at 2nd floor and roof. • Poured slab on metal deck at 2' floor. • Poured south retaining wall. • Continued installation of underground utilities including stormwater piping and catch basins. • Started exterior framing. • Started curb installation. • Started nail -laminated timber installation. Upcoming Activities: • Continue exterior framing and start interior framing. • Start exterior envelope and roofing installation. Budget Status: • See overall TPSP budget summary updated monthly and included in monthly report package. Change Order Status: • Change Order #1 was executed: • Change Order #2 will be prepared due to unforeseen conditions associated with additional contaminated soils, underground storage tanks and other miscellaneous issues. Schedule Status: • See TPSP master project schedule updated monthly and included in monthly report package. Critical Issues: • None. Tukwila Public Safety Plan - Justice Center - Monthly Report 1 259 u ,)!,111' Curb Pour, Parking Lot 1r ' 1st Floor, Area B roquidi q Tukwila Public Safety Plan - Justice Center - Monthly Report 260 oYf"pyigi N 2nd Floor, Area A 11111111111111111111111111111111111111111111 ti�" u1ulW!ilpuu1, III 11II IIII 11111111111111111 \ail Laminated Timber, East Canopy olOwioopo Tukwila Public Safety Plan - Justice Center- Monthly Report 3 261 Exterior Framing, Area A I Tukwila Public Safety Plan - Justice Center - Monthly Report 262 TUKWILA PUBLIC SAFETY PROJECTS Fire Station 51 SOJ Construction Management Monthly Report October 2019 Report Reviewed by: Justine Kim wun Owner's Representative: Shiels Obletz Johnsen (SOJ) Architect: Weinstein A+ U GCCM: Lydig Construction Progress: • Structural steel is complete (minus brackets for mechanical screen to be completed with roofing). • Slab on metal decking complete. • Exterior framing continued through October. • Inspector approved project to start exterior sheathing. • Lower roof parapet work started. • Concrete pan stairs installed. Upcoming Activities: • Roof dry -in to complete in November. • Building dry -in to complete in December. • PSE Gas installation to start late November. • Electrical and Plumbing rough -in to follow interior framing. Budget Status: • See overall TPSP budget summary updated monthly and included in monthly report package. Change Order Status: • No change orders issued in September. Schedule Status: • See TPSP master project schedule updated monthly and included in monthly report package. Critical Issues: • None. Tukwila Public Safety Plan - Justice Center- Monthly Report 1 263 1IO'1'dlll l l' II' Structural Framing Progress with Roof Parapet t u;V�lO�Ir,lifiAll'�iill, di: � , �Ii'VI��I'�II'�i�ill�"18PIkIti11PJ I,! Exterior Framing Progress WPM' MORV, ttl Tukwila Public Safety Plan — Justice Center - Monthly Report 264 TUKWILA PUBLIC SAFETY PROJECTS Fire Station 52 SOJ Construction Management Monthly Report October 2019 Report Reviewed by: Justine Kim Owner's Representative: Shiels Obletz Johnsen (SOJ) Architect: Weinstein A+ U GCCM: Lydig Construction Progress: • Detention vault work continued in October. • PSE electrical installation started October 14th • Concrete walls #7 & #8 placed on October 16th • Water main and sanitary sewer installed. • Detention vault hollow core planks installed October 25th • Excavation for footings started. Upcoming Activities: • Slab on grade (north) scheduled to start in November. • Structural Steel to start in December. • Zayo work to complete in November. Budget Status: • See overall TPSP budget summary updated monthly and included in monthly report package. Change Order Status: • No change orders issued in September. Schedule Status: • See TPSP master project schedule updated monthly and included in monthly report package. Critical Issues: • None. Tukwila Public Safety Plan - Justice Center- Monthly Report 1 265 Concrete Walls #7 & #8 Detention Vault Pour ,41 Tukwila Public Safety Plan - Justice Center - Monthly Report 266 Detention Vault Hollow Core Metal Planks 011 A�9 �h Y'�1vDf,YnVbllyr^q.i�V, 1'I,10V Tukwila Public Safety Plan — Justice Center - Monthly Report 3 267 268 UKWILA PUBLIC SAFETY PLAN FIRE STATION A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY FIRE STATION 52 A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY JUSTICECENTER A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY PUBLIC; WORKS A/E PROCUREMENT MASTER SITE PLAN DESIGN PHASE 1 BIDDING/CONSTRUCTION PHASE 1 MOVE-IN/OCCUPANCY PHASE 1 N 0) co 2016 2017 2018 2019 2020 OEM 2021 11111111111111111111111111 Ililllllii;iiUiiIilllI IIIIID PROJECT A/E PROCUREMENT GB PROGRAMMING DESIGN/PERMITTING - BIDDING/CONSTRUCTION - MOVE-IN/OCCUPANCY N O City of Tukwila - Facilities Plan TOTAL PROJECT MONTHLY Budget Report (REVISED Budgets; D-20 Plan Adopted by Council) Life to Date Costs ,,., qj l...t�..�, :-., c yr v p econct7eu tr: mug trim Sep II, 2B/1/ W.) COUNCIL REPORTING SUMM.9RY- SUMMARY - JUSTICE CENTER Original g Budget xo dge!Trauf•rs Current Midget CmnnrinedBudget Life to Due Costs Remain' Committed Remaining Budget Cost at Completion A/E Services (both Design & CA) S 3,278, t25 S . 221,875 $ 3,500,000 S 3,195,000 $ 2,555,976 S 639,0_4 S 305,000 $ - Permits/Fees S 700,000 $ 50,000 S 750,000 $ 455,215 $ 455,215 $ - $ 294,785 $ - Construction (Pre -Con, Const & Tax) 5 38,738,678 $ (102,066) $ 38,636,612 5 38,636,611 $ 12,870,326 5 25,766,285 S I S - Construction Related Costs (incl Bond) $ 2,112,639 $ (2,921) 5 2,109,718 $ 631,307 $ 462,727 $ 168,580 5 1,478,411 $ - PM Services (inel Other Professional Svcs) $ 1,815,875 $ 266,721 $ 2,082,596 $ 1,988,766 S 1,227,524 $ 761,242 5 93,830 5 - Contingency (incl Construction & Project) $ 6,507,731 $ (2,358,527) $ 4,149,204 $ - $ - $ - $ 4,149,204 $ - Contingency for Site Contamination (soils,haztnat) $ - $ 550,000 S 550,000 $ - $ - $ - 5 550,000 $ - Land Acquisition $ 14,133,295 $ (416,714) $ 13,716,581 $ 13,716,007 $ 13 692,053 $ 23,954 5 574 $ - Contingency for Land Acquisition $ 1,250,000 $ 250,000 $ 1,500,000 $ 1,491,500 5 1,491,500 $ - $ 8,500 $ -' TOTAL $ 68,536,343 5 (1,541,632) S 66,994,711 5 60,114,406 S 32,755,320 $ 27,359,086 $ 6,880,305 S - COUNCIL REPORTING SUM1L4RY- OriginalBudget BudgetTranfers Current Budget Committed Budget Life to Oak Cost RemalugC,mind Remaining Budget Cost at CompletionFIRESTATION51 A/E Services (both Design & CA) S 1,070,000 5 322,781 S 1,392,781 5 1,299,917 $ 998,788 S 301,129 $ 92,864 5 - Land Acquisition S - $ - $ - $ - $ - S - $ - S Permits/Fees $ 234,000 5 100,000 $ 334,000 $ 151,939 $ 136,151 5 15,788 $ 182,061 $ - Construction (Pre -Con, Const & Tax) 5 9,396,000 $ 1,315,046 $ 10,711,045 $ 10,711,045 $ 2,241,189 S 8,469,857 $ - $ - Construction Related Costs (incl Bond) $ 931,000 $ (300,000) 5 631,000 $ 167,917 5 103,304 $ 64,613 $ 463,083 $ - PM Services (incl Other Professional Svcs) $ 526,000 $ (50,000) $ 476,000 $ 363,412 $ 193,304 $ 170,108 5 112,588 5 - Contingency (incl Construction & Project) $ 1,1 t6,000 5 153,806 $ 1,269,806 $ - $ - $ - S 1,269,806 $ TOTAL ' S 13,273,000 S 1,541,633 S 14,814,632 S 12,694,230 S 3,672,736 S 9,021,495 $ 2,120,402 $ - .............................................................................................:.. COUNCIL REPORTLVGSUIIMAR}'- :5: FIRE STATION 52 Originalltndget Rodger Transfers Current Budget Committed Budget Life to Date Costs Remain' Committed Renmining Budget Cost at Completion A/B Services (both Design & CA) Land Acquisition $ 1,415,000 $ 16,000 $ 355,172 $ 9,t60 $ 1,770,172 $ 25,160 S 1,622,653 $ 17,157 S 1,176,398 $ 17,157 5 446,255 5 - $ 147,519 S 8,003 $ $ - Permits/Fees $ 353,000 5 50,000 5 403,000 5 183,627 S 123,450 $ 60,177 $ 219,373 5 - Construction (Pre -Con, Const & Tax) $ 13,298,000 $ 4,409,676 $ 17,707,676 $ 7,619,567 5 588,596 $ 7,030,971 5 10,088,109 5 - Construction Related Costs (incl Bond) $ 1,398,000 $ (307,160) $ 1,090,840 $ 403,374 $ 33,564 5 369,810 $ 687,466 $ - PM Services (incl Other Professional Svcs) $ 787,000 $ (50,000) $ 737,000 $ 549,751 5 292,376 5 257,375 5 187,249 $ - Contingency (incl Construction & Project) $ 1,343,000 $ 413,152 $ 1,756, 152 $ - $ - $ - S 1,756,152 S -� TOTAL '- $ 18,610,000 5 4,880,000 $ 23,490,000 5 10,396,128 S 2,231,541 S 8,164,587 S 13,093,872 $ - COUNCIL REPORTING .SU:1L1L AR}'- FIRE STATION 54 A/E Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) Original2ulget $ 150,000 $ 902,668 5 20,000 S 230,000 $ 50,000 $ 107,500 $ 41,832 Budget Transfers 5 (17,005) $ 31,206 $ (12,827) $ (123,300) 5 (2,698) $ (835) $ 125,459 Omens Budget $ 132,995 $ 933,874 S 7,173 $ 106,700 $ 47,302 5 106,665 $ 167,291 Committed lnrdget 5 134,495 $ 933,875 S 4,100 $ 106,700 $ 42,302 $ 106,665 $ - Life to Date Costs S 132,995 S 933,775 5 4,100 $ 67,856 5 28,825 $ 86,066 $ - Remtain'g Committed 5 1,500 5 100 S - $ 38,844 5 13,477 5 20,599 $ - Remaining midget S (I,500) 5 (1) S 3,073 $ - $ 5,000 S - 5 167,291 Cost at Completion $ 5 - S - S - 5 - S $ - TOTAL ':: S 1,502,000 S - S 1,502,000 $ 1,328,137 5 1,253,617 S 74,520 S 173,863 S - COUNCIL REPORTING SUMMARY - PUBLIC WORKS A/E Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (inel Other Professional Svcs) IN.,,, Contingency (inct Construction & Project) Original trinket $ 767,385 $ 22,000,046 $ 110,000 $ 4,950,000 $ 529,036 $ 668,426 $ 975,107 Budget Trunsfivs 5 15,000 $ 3,374,913 $ (20,000) $ (1,895,000) $ (404,793) $ (348,426) $ (721,694) Current Midget 5 782,385 $ 25,374,959 $ 90,000 $ 3,055,000 $ 124,243 $ 320,000 $ 253,413 Committertxndget S 335,382 $ 25,372,634 $ - $ - $ 77,643 $ 279,832 $ - Lift• to Date Costs $ 264,039 $ 25,370,434 $ - $ - 5 61,632 $ 174,884 $ - Remain' Committed $ 71,343 5 2,200 S - S - $ 16,010 $ 104,948 $ - Remaining Budget $ 447,003 $ 2,325 $ 90,000 $ 3,055,000 $ 46,600 5 40,168 $ 253,413 Con at Completion S - $ - $ - $ - $ - $ - $ - TOTAL - $ 30,000,000 S - $ 30,000,000 $ 26,065,491 $ 25,870,990 S 194,501 $ 3,934,509 $ 272 TUKWILA PUBLIC SAFETY PLAN Monthly DBE OUTREACH EFFORTS September & October 2019 Outreach Consultant Updates General Updates for September & October • Fire Station #51 for September 2019 DBE participation is 23% • Fire Station #52 for September 2019 DBE participation is 4%, but is only partially awarded. • Fire Station #52 bid packages were poste to the following external partners: o AGC o NAMC (National Association of Minority Contractors) o Tabor 100 o Contractors, Designers & Engineers o WEBS o Economic Alliance / PTAC o Southside Seattle Chamber of Commerce o Outreach events such as: Congressman Adam Smith Network & Procurement Workshop Lvdig Update • Fire Station #52 the only WMBE firms awarded are the following: o Corona Steel — Structural Steel Erection o Inland Waterproofing — Damp & Waterproofing o Emerald Fire, LLC— Fire Protection • Bid Packages were bid out during this period, but have not been awarded as of yet as they are pending council approval. • Hired one laborer's apprentice through ANEW who is currently working on the project. Darling Nava Consulting Outreach@DarlingNava.com 273 274 City of Tukwila BNB - Justice Center WMBE/DBE Participation Scopes of Work that you Intend to Award to WMBEs Sub/Supplier Name Certification Approximate Subcontract $ Amount City of Seattle Self- Identified OMWBE State Certification OMWBE Federal Certification SCS Demo and Abatement Rhine Demo $ 192,995 Foundation, Structure, Waterproofing BNBuilders $ 4,288,300 Earthwork and Utilities Illiad $ 4,874,410 Site Concrete BNBuilders $ 720,000 Site Concrete (Lower Tier) Caliber Concrete WBE $ 520,550 Architectural Casework BNBuilders $ 1,186,000 Exterior Siding Northshore Exteriors $ 1,760,000 Roofing Systems Axiom #1027 $ 583,020 Doors and Hardware BNBuilders $ 1,577,000 Aluminum Systems General Storefronts $ 855,688 Painting and Coatings Halili WBE $ 219,450 Acoustical Assemblies ADI $ 344,716 Insulation GWB Assemblies Northwest Partition $ 2,149,000 Flooring Covering Great Floors $ 486,296 Misc Specialties BNBuilders $ 977,000 Window Coverings Iris $ 47,269 Elevator BNBuilders $ 118,000 Fire Protection Columbia Fire #1599 $ 287,890 Mechanical Johansen Mech $ 3,284,321 Electrical Valley Electric $ 4,699,000 Paving and Striping Lakeside Industries $ 437,733 Irigation and Landscaping RE Sides Landscaping #1054 $ 1,020,000 Total Amount Intended to be Performed by SCS to Date: $ 2,630,910 Scopes where the sub/supplier is not yet determined or committed When do you anticipate making a selection? Do you anticipate using a SCS Is this a Spread the Work SCS Can only a Sole Source do the work? Approximate Subcontract $ Amount $ - $ $ - $ $ - $ - $ - $ $ Total Amount Not Yet Committed to a Sub/Supplier: $ - Page 2/3 275 City of Tukwila BNB - Justice Center 8/20/2019 WMBE Participation GC Contract Value $ 29,098,053.00 Award Amount: $ 4,645,946 Scopes of Work that you Intend to Award to WMBEs Sub/Supplier Name Certification Approximate Subcontract $ Amount City of Seattle Self- Certification OMWBE State Certification OMWBE Federal Certification SCS Supplier of Hardware, Doors and Frames Contract Hardware Inc. SBE $ 310,362 Site Concrete Caliber Concrete WBE $ 520,550 Signage Sign Wizards SDBE/WSB E $ 36,236 Supplier SnapTex SBE/WBE/ MBE $ 33,875 Shelving Workpointe SBE $ 454,003 Plumbing Redline Mechanical X $ 809,002 Controls C&C Solutions VOSBE $ 235,700 Marble Supply Skyline Marble WBE $ 88,000 Rubber Base Install Zombie Base WSBE $ 4,758 Roofing Systems Axiom #1027 $ 583,020 Painting and Coatings Halili WBE $ 219,450 Fire Protection Columbia Fire #1599 $ 287,890 Irigation and Landscaping RE Sides Landscaping #1054 $ 1,020,000 $ 22,000 Temp Sanitation (NSS) Construction Site Services Waterproofing Inland Waterproofing WBE $ 21,100 Outreach Coordinator Darling Nava Consulting M4F0026198 In Progress Participation: $ 4,645,946 Percentage of Award Amount: 16% Scopes where the sub/supplier is not yet determined or committed When do you anticipate making a selection? Do you anticipate using a SCS Is this a Spread the Work SCS Can only a Sole Source do the work? Approximate Subcontract $ Amount $ - $ - $ $ - $ - $ - $ $ - $ - Total Amount Not Yet Committed to a Sub/Supplier: $ - 276 Page 2/3 Apprentice Utilization Plan List the prime and all subcontractors scheduled to work on this project, and indicate the estimated number of hours to be performed by journey level and apprentice workers for each. Apprentice utilization must equal or exceed 15% of the total labor hours. Estimated information Prime Contractor and all Subcontractors Journey Labor Hours Apprentice Labor Hours Total Labor Hours for Project Apprentice Percentage Number of Apprentices BNBuilders 2,334 852 3,186 26.73% 3 Apex Steel 1,356 232 1,588 14.61% 2 Ascendent, LLC 566 55 621 8.86% 3 Caliber Concrete 146 97 243 39.79% 7 Gonsalves & Santucci DBA Conco 632 38 670 5.67% 2 Harris Rebar (Central Steel) 285 191 476 40.13% 5 Iliad, Inc 6,360 0 6,360 0.00% 0 Inland Waterproofing 100 0 100 0.00% 0 Johansen Mechanical 44 42 86 48.84% 2 Lakeside Industries 332 14 346 4.05% 1 Northshore Exteriors 58 27 85 31.95% 1 Northwest Partitions 244 37 281 13.17% 1 Rhine 749 64 813 7.88% 1 Valley Electric 603 0 603 0.00% 0 0 #DIV/0! 0 #DIV/0! TOTALS: 13,808 1,648 15,456 Apprenticeship Utilization Requirement: 10.66% 15% 28 Page 3/3 City of Tukwila Lydig Construction, Inc Fire Slur Updated 9.30.19 WMBE Participation GC Contract Value $ 9,587,314,00 Award Amount: $ 2,219,102.00 Scopes of Work that you Intend to Award to WMBEs Sub/Supplier Name Certification Approximate Subcontract $ Amount City of Seattle Self- Certification OMWBE State Certification OMWBE Federal Certification SCS Roofing Axiom Division 7 SCS $ 217,945 Site Concrete Caliber Concrete Const WBE $ 394,500 Masoonry Cascade Construction SCS $ 310,097 Fencing Secure -A -Site WBE $ 299,000 Steel Erection CHG Building Systems SCS $ 168,922 Overhead Doors Crawford Door Company SB, VOSB $ 102,261 Fire Protection Emerald Fire LLC WBE $ 49,750 Bituminous Waterproofing Inland Waterproofing WBE $ 10,850 Striping Stanley Patrick Striping SCS $ 4,834 Plumbing Adept Mechanical MBE MBE / DBE SCS $ 659,596 Concrete Sawing Salinas Sawing & Sealing MBE $ 1,347 Trucking SilverStreak Inc WBE T/M Site Services Construction Site Services MBE WBE T/M Office Supplies Keeney Office Supply WBE T/M Total Amount Intended to be Performed by DBE to Date: $ 2,219,102 Percentage of Contract Amount: 23% Scopest where in the sub/supplierris not yet determined or committed When do you anticipate making a selection? Do you anticipate using a SCS Is this a Spread the Work SCS Can only a Sole Source do the work? Approximate Subcontract $ Amount $ - $ - $ - $ $ - $ $ - $ $ - Total Amount Not Yet Committed to a Sub/Supplier: $ 278 Page 2/3 Apprentice Utilization Plan - Updated 9.30.2019 List the prime and all subcontractors scheduled to work on this project, and indicate the estimated number of hours to be performed by journey level and apprentice workers for each. Apprentice utilization must equal or exceed 15% of the total labor hours. Estimated information Prime Contractor and all SubcontractorsHours JourneyApprentice Labor Hours pp Labor Hours Total Labor for Project Apprentice Percentage Number of Apprentices Lydig Construction 1,677 82 1,759 4.66% 3 ESM Consulting Engineers 101 0 101 0.00% 0 SCI Infrastructure 2,568 0 2,568 0.00% 0 West Wind Reinforcing 67 36 103 35.12% 3 Inland Waterproofing 3 0 3 0.00% 0 GK Knutson 107 8 TOTALS: 4,522 126 4,533 Apprenticeship Utilization Requirement: 2.78% ot 6 Page 3/3 City of Tukwila Lydig Construction, Inc Fire Stui Updated 9.30.19 WMBE Participation GC Contract Value $ 6,801,879.00 Award Amount: $ 291,442.00 Scopes of Work that you Intend to Award to WMBEs Sub/Su lier Name PP Certification Approximate Subcontract $ Amount City of Seattle Self- Certification OMWBE State Certification OMWBE Federal Certification SCS Structural Steel Erection Corona Steel MBE $ 217,892 Damp & Waterproofing Inland Waterproofing WBE $ 23,800 Fire Protection Emerald Fire LLC WBE $ 49,750 ***Note: Not all contracts are bought out yet, and Mini-MACC does not include all scopes. Total Amount Intended to be Performed by DBE to Date: $ 291,442 Percentage of Contract Amount: 4% Scopes where the sub/supplier is not yet determined or committed When do you anticipate making a selection? Do you anticipate using a SCS Is this a Spread the Work SCS Can only a Sole Source do the work? Approximate Subcontract $ Amount $ $ - $ - $ - $ - $ - $ $ - $ - Total Amount Not Yet Committed to a Sub/Supplier: $ - 280 Page 2/3 Apprentice Utilization Plan - Updated 9/30/2019 List the prime and all subcontractors scheduled to work on this project, and indicate the estimated number of hours to be performed by journey level and apprentice workers for each. Apprentice utilization must equal or exceed 15% of the total labor hours. Estimated information Prime Contractor and all SubcontractorsHours JourneyApprentice Labor Hours pp Labor Hours Total Labor for Project Apprentice Percentage Number of Apprentices Lydig Construction 126 104 229 45.20% 2 ESM Consulting Engineers 74 0 74 0.00% 0 Pellco 2,300 16 2,316 0.69% 0 Kulchin 382 0 382 0.00% 0 Morse 22 22 44 50.00% 0 TOTALS: 2,903 142 3,045 Apprenticeship Utilization Requirement: 4.65% IS% 2 Page 3/3 N CO N Contractor Name Employee Name Zip Code 5/4 5/11 5/18 5/25 6/1 6/8 6/15 6/22 6/29 7/6 7/13 7/20 7/27 8/3 8/10 8/17 8/24 8/31 9/7 9/14 9/21 9/28 10/5 10/12 10/19 ESM No Work Performed NW NW NW Brian Shaw 98003 8 Erik C Patjens 98387 9.5 3 2 17 Tony Ayes 98407 9.5 3 2 9 Ku!chin Morse Steel Pellco Grady (Sub to Pellco) Gound Up (Sub to Pellco) No Work Performed Anthony D Valeta 98022 9.5 Anthony S Zanolli 98011 2 9 Benjamin F Fallauga 98418 6 Cesar F Rojas Cardenas Jr 98031 10.5 Cole M Thorton 98355 10 8 Harry 1 Wills Jr 98375 12 Israel Paredes 98026 6 Jacob L Weston 98584 10 9 Josue Gomez -Chavez 98003 35 16 Koby S Wheeler 98391 15 Kyle A Kehoe 98022 28 20 Logan H Schmick 98338 26 Omar Paredes-Granda 98036 6 Raymond S Wood 98328 9.5 10.5 Sean Jacobe 98374 19 Stanley Stewart 98503 28.5 17.5 Thomas B Salgado 98198 10.5 Travis Bixby 98446 47.5 32 26 NW No Work Performed Antonio Luna Crisostomo 98168 12.5 Kenneth Beasley 98531 31 Kory Kotowski 98375 4 Terry Lawless 98103 20 No Work Performed Aaron Elton 98292 24 40.5 40 48.5 40 Armando Serna 98023 40 44 40 Carl Sammy Rizzo 98059 31 40 Chad Stelneke 98270 40 15 9 Kale Melton 98223 10 19 Leo Tenorio 98002 16 Matthew McCotter 98059 49 44 Ronald Lewis 98118 16 24 40.5 No Work Performed David Whalen 8.75 Dorian Beach 18.75 Gregory Melos 8.75 John R Hambert 10 Kelly K Bennett 18.25 17.8 Larry Hull Jr. 9.25 Patrick Schroeder g Robert King 9 Terra Hicks 9.5 17.5 Troy A Brinson 10 18.5 William Everson 28 26.8 No Work Performed NW NW NW Alvaro Leon 98030 10 RL Clearing (Sub to Pellco) No Work Performed NW NW NW Richard L Squires 98443 8.75 Sky High Tree Removal (Sub to Pellco) No Work Performed NW NW NW NW Caleb R Kilburn 98001 15 Jared Sweers 98001 15 Mark R Moreley 98001 15 N co Larusso No Work Performed Mattewiorgensen 98116 11.5 Henoc Jose -Cruz 98204 8.5 Michael McCall 98270 11.5 Brian Douglas Rietman 98125 8.5 8.5 Florencio Sanchez Lopez 98007 8.5 Marlon Adam Conklin 98208 11 Michael Gilbert 98248 11 NW McKinstry Eben Cox 98021 2 2 2 Anthony Kiesel 98444 40 37 29 Tyler Wills 98387 32 29 Mark Palmer 98372 32 29 Miles Sand & Gravel No Work Performed NW NW Daniel Dunlop 98270 1.5 Jacob Nugent 98385 3.33 Jason Corpuz 98092 2.83 2.34 Jordan Sipos 98275 2.25 Levi Davies 98391 2.17 1.58 Mark Carnahan 98270 2 Michael Henderson 98375 2.17 Michael Hughes 98001 5.25 Nicholas Okeefe 98391 2 Roy Asbjornsen 98375 2.17 Sean Bradley 98391 1.5 Selesese Sokimi 98387 1.58 Tony Curtis 98391 3.17 SCI No Work Performed Anthony Espitia 98275 40 9.5 Brian Barabe 98444 3 5 8 Clent Siufanua 98002 9 58 Daniell'e Cecchini 98038 4 3 6.5 8 11.5 27 17 2 David Collis 98272 40 25.5 Eric Haulet 98323 48.5 28.5 8 12 1 5 8 3 Ethan Gunsauls 98404 38 42.5 45.5 Fernando Rivera 98338 9 3 James Landers 98023 45 40 Jarred Hippie 98374 30 3 Jason Lyons 98290 8 Jeff Beckner 98336 2 27 John Dochnahl 98001 8 Jonathan Daniels 98589 40 40 38 33.5 45.5 9 40 Kelly Braun 98390 4 24 16 16.5 9.5 8 Kenneth Bowman 98168 22 Kyle Kayser 98021 40 9.5 Mark Haulet 99016 10 20.5 25 34.5 38 36.5 33 25.5 Mark Huston 98407 16 32 34 33 24 13 22.5 Marty S Adams 98390 4.5 14.5 15.5 7 3 2 2 2 3 2 2 3 Michelle Primm 98022 4 10 9.25 24 Nuutele Palaita 98042 38 42 9.5 48 41.5 24 Robert Braun 98387 6 27 26 6 Robert Hayes 98126 4 13.5 4.5 22.5 Roger Greg Adams 98168 9 34 24 29 22 Stephen Raudenbush 98589 40 40 39 44.5 9.5 45 40 Tony Engstrom 98391 10 13.5 2 1 8.5 9 4.5 3 1 6 4.5 0.5 16 Tony Espitia 98275 William Kukahiko 98208 4 3 West Wind No Work Performed NW NW NW NW NW Guy Cerino 98148 4.5 7.5 14 Jaryd Hoar 8 Juan Barreto 98001 2 Logan Mohler 8 Lorenzo Zarate 98032 8 6.5 Melchor Mota Perez 14 Meza Elias Ramirez 98032 8 6.5 7.5 Ryan Franks 8 Upcoming Meetings and Events November 2019 NOV 4 MONDAY Public SafetyANSA,' Committee 5:30 PM Hazelnut Conference City Council Regular Meeting 7:00 PM Council Chambers NOVS TUESDAY NOV 6 WEDNESDAY 0 R AT FO N DROP -BIN * Talk to representatives from King County Metro's ORCA To -Go, King County Public Health's Access and Outreach, South King County Transportation Options and Hopelink to learn about riding the light rail, bus or bicycle, shuttles, or to get an ORCA card. 1:30 PM — 3:30 PM Tukwila Library 14380 Tukwila International Blvd Offered on l't and 35 Wednesdays of the month. NOV 13 WEDNESDAY NOV 7 THURSDAY - Equity & Social Justice Commission 5 15 PM Hazelnut Conference Room NOV 8 FRIDAY NOV9 SATURDAY Room tt- . Your ballot postmarked must be by Pet-o-tri' 0., Fundraiser for the local food bank. Join to taste local brews and support Tukwila Pantry as it makes sure everyone in our community has to eat. enoughnecessary, There will be a silent auction, and serving Odin Micro Brews and finger foods. $25 per person. 7:00 PM — 9:30 PM Sullivan Center 14350 Tukwila Intl Blvd To purchase tickets, visit www.tukwilapantry. org. I U K V°00/ OIL Crystal Springs Work Party Join community members and neighbors to help restore this park to healthy forest! All ages are welcome and no experience is Tools and training will be provided, so bring along your friends and family, and get your hands dirty! 9:00 AM — 12:00 PM 15832 51't Ave S To volunteer, email volunteer@forterra.org. Election Day, For rryformatron va,at www kiragocalray goy/ depts/elections/ howato.vote aspx Public Safety Bond Financial Oversight Committee 4:00 PM Hazelnut Conference Room Transportation & Infrastructure Committee 5.30 PM Hazelnut Conference Room Library Advisory Board 5:30 PM Community Center NOV 12 TUESDAY NOV 11 MONDAY NOV 14 THURSDAY NOV15 FRIDAY NOV 6 SATURDAY AstimitteelAte Ho S'EttvED Finance Committee 5.30 PM Hazelnut Conference Room . City Council Committee of the Whole Meeting 7:00 PM Council Chambers , Tukwila International Boulevard Action Committee 700 PM Valley View Sewer District 3460 S 148th ,t Park Commission 5.30 PM Community Center tt Community Development & Neighborhoods Committee 5,30 PM Hazelnut Conference Room , t, 41 "nntIV4. - dtt tt Push -In Ceremonies Come and celebrate 2 brand new fire engines going in service. 1:30 PM Station 51 444 Andover Park E 2:30 PM Station 52 5900 S 147th St - Community Oriented Policing Citizens Advisory Board 6.30 PM Duwamish Conference Room STUFF" THE IQ '''' %dr 1/*/ SnackPack Stuff the Bus Food Drive Shop and donate food items to feed homeless students in the Tukwila School District. 10:00 AM — 2:00 PM Saar's Super Saver Foods 3725 S 144th St ' " '1,J 1H WI LA Duwamish Hill Preserve Work Party Join the Friends of the Hill to clear overgrown plants! 10:00 AM — 1:00 PM 3800 S 115th St To volunteer, email volunteer©forterra.org. 1)4Y li rH" City offices Community closed. itt, , '' ' and Center SPIRIT OF GIVING CAMPMGN Help us reduce financial stress for caregivers and bring joy to 350 disavantaged school children. To become involved, emai Giving@TukwilaWA.gov or call 206-767-2342. How can you help this campaign? HOST: Organizations, businesses faith -based communities and service groups can host a Toy Drive, Book Drive, Blanket Drive, Hat Drive, Game Drive or Gift Card Drive. Tukwila Parks & Recreation staff will help you organize your effort by providing promotional materials, a collection bin and other resources. SPIRIT DONATE: Individuals and groups can donate directly to the campaign by dropping off new, unwrapped items at giving --- 0/ '--." locations. Items needed are toys, art supplies, movie tickets, bowling certificates, games and gift cards. GIVING DROP-OFF LOCATIONS: Tukwila Community Center and Tukwila City Hall ▪ Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. COPCAB (Community Oriented Policing Citizens Advisory Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206-431-2197. ▪ Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conference Room. Contact Niesha Fort -Brooks at 206-454-7564. t• Finance Committee: 2nd & 4th Mon., 530 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342, ▪ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. ▪ Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. (2A) A resolution adopting 2020 State Legislative Agenda. (28) Fire Station 52 Full Maximum Allowable Construction Cost. (2C) Amendment #1 to Contract #19-027 with Mayes Testing Engineers for the Public Safety Plan. (20) Amendment #6 to Contract #17-167 with SoundEarth Strategies for the Public Safety Plan. ▪ Transportation and Infrastructure Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. (2A) Design Consultant Selection and Agreement for 2020 Overlay and Repair Program. (28) Purchase of SLR 8000 VHF Base Radio. (2C) Public Works Street Division Report. ▪ Tukwila International Boulevard Action Committee: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Bruce Linton at 206-433-1815, 287 TentativeAgenda Schedule �ow�* MEETING^� REGULAR ��sTweo— ' C.O.W. MEETING esauuoR MEsnwo*— C.O.W. November 4 See agenda packet cover sheet for this week's agenda: November 4.2o1u Regular Meeting 12 (TWESDAY) pvminneunnns 10 Appointments 25 An ordinance regulating the use nf bags etretail establishments. xnordinance increasing the regular tax levy from the previous year commencing January 1. 2020. xnordinance levying the general taxes for the City orTukwila inKing County for the fiscal year commencing January 1. 2020� Special Appointments tothe Arts Commioninn Unfinished Business ^mordinance amending the zo1w-ou2oBudget. «nordinance increasing the regular tax levy from the previous year commencing January 1, zoxo.onall property, both real and personal, incompliance with wCvv 84.55.120. xnordinance levying the general taxes for the City n/Tukwila i"King Coumyformoosoa| ye�rcummen�^O January uUuO on all ' vmpany, um�v��|ond ' personal, t�v�i�sv��� nn utaxation t`�rme punpoean/pvying1' nu�nimn�mvenuem ca«yon�»osomioemof t»aa^"o�|dovoom,ms ofvomu��rme ensuing year, with an ' *xmmopmpc���ax|�� �rmepvmnn�vv �yin*debt aowineon meQ�.eunnmi�uTax General Obligation �pn�eiuuuadinzo1n �n4cO19 as required uy|aw ' ' Diaouusion"nvn- represented employees' c��punnmuon xnominanoa regulating negua ng mretail establishments. -�»asumnononnm Department service levels and compliance with State law. ' ^uominancemgu�unA the use p'bags otretail ov�amiu»mmn� xnu�inanuammeueing the regular tax levy �nm mnpnmio",yoa' commencing January 2020. onanprnPonv. both �a|and vemnna|.in compliance with RCvv e4so1�o � � xno�ina^oemvymumv genem|taxes �rmeCi� o'Tukwila inmngCoun� mr��enac�|yeor oommenoing�anuaw1' zn2n.ononprope�Y. »om�a|and pamvna|' that ieou�*mmmxmion mrthe pu�onamr�yinn ouffimemmvanuem uanyvnmoaemicevv' mesev*m|uepa�mnnw vfaamci�mrme *nuuingyeo, with an ' excess property mrmopurpose o'paying debt service n'' ` `` m Ci 'a Unlimited Tax General Obligation bonds issued inzn1sand zn1n.av required bylaw. xresolution mname a donated parcel ua "Cottonwood Corner," ' Discussion unnon- represented employees' compensation. - Aresolution unFire Department service levels and compliance with State law. December 2 9 16 23 288