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HomeMy WebLinkAboutCAP 2011-12-12 COMPLETE AGENDA PACKETCity of Tukwila Distribution: V. Seal D. Cline Community Affairs J. Duffie D. Quinn C. O'Raherty S. Kerslake Parks Committee A. Ekberg J. Hernandez K. Matej E. Boykan D. Robertson B. Giberson O Verna Seal, Chair Mayor Haqqerton J. Pace O Joe Duffie O De'Sean Quinn AGENDA MONDAY,, DECEMBER 12 2011 COUNCIL CHAMBERS 5:00 PM *Please note change in meeting location this week. Item 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Interlocal agreement for Minor Home Repair Program Evelyn Boykan, Human Services Manager b. Duwamish Gardens: (1) Acceptance of grant funds for Duwamish Gardens. (2) Award of a design contract for Duwamish Gardens. Bob Giberson, Public Works Director c. An interlocal agreement with Renton regarding the Sounder Commuter Rail Station. Jack Pace, Community Development Director Recommended Action Page a. Forward to 1/9/12 C.O.W. Pg.1 and 1/17/12 Regular Mtg. b. Forward to 1/9/12 C.O.W. Pg.19 and 1/17/12 Regular Mtg. c. Forward to 1/9/12 C.O.W. Pg.55 and 1/17/12 Regular Mtg. d. A grant application for urban forestry. d. Information only. Pg.65 Jack Pace, Community Development Director e. A resolution supporting the Tukwila School District levy. e. Forward to 12/12 C.O.W. Pg.77 Proposed Title: School Programs and Operations Levy and 12/19 Regular Mtg. Councilmember Kathy Hougardy Public comments will be accepted, 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesdav, December Z7, 2011 (Tentative) S The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 433 -1800 (tukclerk @tukwilawa.gov) for assistance. x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community and Parks FROM: Evie Boykan, Human Services Manager DATE: December 12, 2011 SUBJECT: Interlocal agreement for joint Minor Home Repair program ISSUE The addition of the City of Pacific and the new budget necessitate bringing the interlocal agreement to the Council for approval. BACKGROUND The City of Tukwila, under the administration of the Human Services Office, has served as fiscal agent for this collaborative program since 2005. The success of the program has drawn attention from surrounding cities. Participating cities include Tukwila, SeaTac, Des Moines, Covington, and for 2012 Pacific. Each city manages their own program with oversite coming from the Tukwila Human Services Office. DISCUSSION The program will continue as it has in the past with cities managing the program, reimbursing their contractors, and billing the City of Tukwila for reimbursement. On a quarterly basis King County Housing and Community Development is billed for the total of dollars spent. In 2010, 78 households were served throughout the four cities. Twenty three of these households were from Tukwila with 154 hours of repair service. For 2011 over 16 households in Tukwila were assisted. The changes include references to Exhibit A and B, the addition of Pacific, and the budget. RECOMMENDATION The Council is being asked to consider this item at the January 9, 2012 Committee of the Whole meeting and subsequent January 17, 2012 Regular Meeting. ATTACHMENTS Proposed interlocal agreement x INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC, DES MOINES, COVINGTON, PACIFIC AND THE CITY OF TUKWILA FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT MINOR HOME REPAIR PROGRAM THIS INTERLOCAL AGREEMENT "Interlocal is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, by the City of SeaTac "SeaTac the City of Des Moines "Des Moines the City of Covington "Covington the City of Pacific "Pacific and the City of Tukwila "Tukwila hereinafter referred to as "City" or "Cities," to provide for planning, funding, and implementation of a minor home repair program. WHEREAS, the Cities engage in activities which support human service providers in King County; and WHEREAS, the Cities wish to make the most efficient use of their resources by cooperating to provide funding to support human service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the Cities have the authority to engage in cooperative efforts that will result in more efficient use of government resources; NOW, THEREFORE, and in consideration of the terms, conditions, and performances made herein, it is agreed as follows: 1. Pumose. The purpose of this Interlocal is to set up a cooperative arrangement between the Cities to consolidate the funding process and implementation of a minor home repair program. This Interlocal will increase the efficiency of administering the program while decreasing administrative costs. 2. Responsibilities. A. Tukwila's Duties. 1) Contract and act as the fiscal and administrative agent with King County for the implementation of a Block Grant for a minor home repair program for Des Moines, Tukwila Covington, Pacific, and SeaTac. 2) Maintain required documentation and prepare required reports for King County consistent with the County's requirements regarding the use of Community Development Block Grant funds. 3) Maintain accounts and records that properly reflect transactions related to this Interlocal. 4) Responsible for reimbursing participating cities and submitting required paperwork to King County. Interlocal Agreement for Minor Home Repair Page 1 of 1.5 3 5) Responsible for the implementation of the minor home repair program within Tukwila in accordance with terms specified in the Block Grant contract between Tukwila and King County. 6) Review and pay invoices for any services performed in Tukwila pursuant to this Interlocal. 7) Reimburse SeaTac, Covington, Pacific, and Des Moines on an as received basis for any invoices received pursuant to this Interlocal. B. SeaTac's Duties 1) Responsible for the implementation of the minor home repair program within SeaTac in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in SeaTac pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. C. Des Moines' Duties 1) Responsible for the implementation of the minor home repair program within Des Moines in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in Des Moines pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. D. Covin2ton's Duties 1) Responsible for the implementation of the minor home repair program within Covington in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in Covington pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. E. Pacific's Duties 1) Responsible for the implementation of the minor home repair program within Pacific in accordance with terms specified in the Block Grant contract between Tukwila and King County. Interlocal Agreement for Minor Home Repair 4 Page 2 of 15 2) Review and pay invoices for any services performed in Pacific pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. F. Cities' Joint Duties 1) Subcontract with an agency /contractors that will perform qualified home repairs in Tukwila, SeaTac, Covington, Pacific and Des Moines in accordance with King County's Block Grant program and applicable city policies. 2) No City shall use more funds than have been annually allocated to it by King County for a minor home repair program as referenced in Exhibit A. However, if a City is unable to spend its portion of the funds by the 3 rd quarter of the year for which the funds were allocated, the Cities may mutually agree to shift those funds to another City that has an on -going demand for minor home repair. 3) Abide by additional requirements outlined in Exhibit B, attached hereto and incorporated herein by this reference. 4) The Cities agree to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." 5) Duration. This Interlocal shall become effective when it is approved by the Cities and shall remain in effect on an ongoing basis so long as funds are available for the minor home repair program. 6) Termination. Any City may terminate this Interlocal without cause by giving the other Cities a thirty -day written notice. The terminating City shall remain fully responsible for meeting its funding responsibilities to date up to the point of termination and other obligations established by this Interlocal through the end of the calendar year in which such notice is given. 7) Notices. Notices to the Cities shall be sent to the following persons: Interlocal Agreement for Minor Home Repair Page 3 of 15 5 City Contact SeaTac Human Services Manager, currently Colleen Brandt Schluter 4800S. 188 Street, SeaTac, WA 98188 206.973.4815; cbschlutergci.seatac.wa.us Des Moines Code Enforcement Officer, currently Nancy Uhrich 21630 11 Ave S, Suite D Des Moines, WA 98198 -6398 206- 870 -6558; nuhrich(adesmoineswa.gov Covington Personnel Division/Human Services, currently Victoria Throm 16720 SE 271" Street, Ste. 100 Covington, WA 98042 253- 638 -1110 Ext. 2237; Vthrom(aci.covington.wa.us Pacific Community Services Director, currently Linda Morris 1003 rd Ave SE Pacific, WA 98047 253- 929 -1150; lmorris(aci.pacific.wa.us Tukwila Human Services Manager, currently Evelyn Boykan 6200 Southcenter Blvd, Tukwila, WA 98188 206.433.7180; eboykangtukwilaWA.gov 8) Indemnification. Each City agrees to indemnify the other City from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs arising out of claims by third parties for breach of contract, property damage, and bodily injury, including death, caused solely by the negligence or willful misconduct of such City, the City's employees, affiliated corporations, officers, and lower tier subcontractors in connection with this Interlocal. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any City agent or employee against the other City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 9) Insurance. Each City shall procure and maintain in full force throughout the duration of the Interlocal comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. In the event that a City is a member of a pool of self insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such self insurance shall provide coverage equal to or greater than that required of non -self insurance pool member Cities. 10) Applicable Law: Venue; Attorney's Fees. This Interlocal shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Interlocal, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Interlocal Agreement for Minor Home Repair 6 Page 4 of 15 11) Counterparts. This document may be executed in any number of counterparts, each of which shall be considered an original. 12) Amendment or Modification. This Interlocal may be amended or modified in writing with the mutual consent of the Cities. IN WITNESS WHEREOF, the undersigned have entered into this Interlocal as of this day of 2012. CITY OF SEATAC By: Todd Cutts, City Manager Date: Attest: (Printed Namej Title: Approved As To Form: Mark S. Johnsen, Sr. Assistant City Attorney CITY OF DES MOINES By: Anthony A. Piasecki, City Manager Date: Attest: [Printed Name] Title: Approved As To Form: Susan Mahoney, Assistant City Attorney CITY OF COVINGTON CITY OF TUKWILA By: Jim Haggerton, Mayor Date: Attest: Christy O'Flaherty, CMC Title: City Clerk Approved As To Form: Shelley M. Kerslake, City Attorney By: Derek Matheson, City Manager Date: Attest: (Printed Name] Title: Approved As To Form: Sara Springer, City Attorney CITY OF PACIFIC By: Interlocal Agreement for Minor Home Repair Page 5of15 7 Richard Hildreth, Mayor Date: Attest: [Printed Name] Title: Approved As To Form: Albert Albuan, City Attorney Interlocal Agreement for Minor Home Repair Page 6 of 15 EXHIBIT A Interlocal Between the Cities For Planning, Funding, and Implementation of a Joint Minor Home Repair Program CALENDAR YEAR 2012 Name of Agencies Participating Cities Tentative Funding Qualified contractors Tukwila Lead City $25,000 Des Moines $24,000 SeaTac $26,000 Covington $25,000 Pacific $15,000 Administrative $10,000 TOTAL $125,000 EXHIBIT B Interlocal Agreement for Minor Home Repair Page 7 of 15 9 CITY OF SEATAC, DES MOINES, COVINGTON, PACIFIC AND THE CITY OF TUKWILA GENERAL REQUIREMENTS The following additional requirements apply to each exhibit that is part of this Contract and funded with federal Community Development Block Grant (CDBG) Program funds. I. ADDITIONAL REOUIREMENTS— COMPENSATION AND METHOD OF PAYMENT A. Municipal Corporations If the Agency is a municipal corporation, costs for which the Agency requests reimbursement shall comply with the policies, guidelines and requirements of the United States Office of Management and Budget (OMB) Circular No. A -87, "Cost Principles For State, Local and Indian Tribal Governments" and those sections of 24 Code of Federal Regulations (CFR) Part 85 "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" identified at 24 CFR 570.502(a) Applicability of Uniform Administrative Requirements. B. Not for profit Corporations If the Agency is a nonprofit corporation, costs for which the Agency requests reimbursement shall comply with the policies, guidelines and requirements of OMB Circular No. A -122, "Cost Principles for Non Profit Organizations," and the sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non Profit Organizations, identified at 24 CFR 570.502 (b), Applicability of Uniform Administrative Requirements. This subsection shall not apply to an agency that is identified in this Contract as a Community Based Development Organization under 24 CFR §570.204(c) (1). C. Excess Federal Funds CDBG funds on hand shall not exceed $5,000 if retained beyond three days unless written approval is received from the County. Any reimbursement in excess of the amount required shall be promptly returned to the County. D. Program Income The Agency shall report the receipt and expenditure of all CDBG Program Income, as defined in 24 CFR 570.500(a), that is generated under this Contract for the purposes specified herein or generated through the project(s) funded under this Contract. All Program Income is to be returned to the County unless the County specifies that it may be retained by the Agency. If the County authorizes the Agency to retain the Program Income to continue or benefit a project or projects, the Agency shall comply with all provisions of the Contract in Interlocal Agreement for Minor Home Repair 10 Page 8 of 15 expending the funds. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to Section XI, Termination of the Agency Services and Public Entity Services Contracts, or Section IX, Termination of the Special Projects Contract. II. ADDITIONAL REOUIREMENTS— MAINTENANCE OF RECORDS A. Federal Exceptions to Retention Requirements Exceptions to the six year retention period specified in Section VI, Maintenance of Records of the Agency Services and Public Entity Services Contracts or Section V Evaluations, Records and Inspections of the Special Projects Contract are as follows: Records that are the subject of audit findings, litigation, or claims shall be retained until such findings, litigation or claims have been resolved; and 2. The retention period for real property and equipment records starts from the date of the disposition, replacement or transfer at the direction of the County. B. Financial Management Records Financial records shall identify adequately the source and application of funds for activities within this Contract, in accordance with the provisions of 24 CFR 85.20 and the OMB Circular A -87 for governmental agencies, 24 CFR 84.21 and OMB Circular A -122 for Nonprofit Corporations. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. C. Employment Records If the Agency is a municipal corporation, it agrees to maintain the following data for each of the Agency's operating units funded in whole or in part with CDBG funds provided under this Contract. 1. Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity Commission's EEO -4 form. 2. Documentation of any actions undertaken to assure equal employment opportunities to all persons regardless of race, color, national origin, sex or handicap. D. Records Regarding Remedy of Past Discrimination The Agency shall maintain documentation of the affirmative action measures the Agency has taken to overcome prior discrimination if a court or Housing and Urban Development (HUD) has found that the Agency has previously discriminated against persons on the grounds of race, color, national origin or sex Interlocal Agreement for Minor Home Repair Page 9 of 15 11 in administering a program or activity funded in whole or in part with CDBG funds pursuant to 24 CFR Part 121. E. Additional Records The Agency shall maintain separate files for each program exhibit including: 1. Notice of Grant Award; 2. Motions, resolutions or minutes documenting Board or Council actions; 3. Correspondence regarding budget revision requests; 4. Copies of all invoices and reports submitted to the County; 5. Bills for payment; 6. Copies of approved invoices and warrants; and 7. Records documenting that costs reimbursed with funding provided under this Exhibit are allowable in accordance with the applicable OMB Circular. Such records include, but are not limited to the following. a. Personnel costs payroll time sheets for actual salary and fringe benefit costs; time sheets shall signed by a supervisor and, if less than full time, annotated to document percent of time charged against this Exhibit. b. Staff travel documentation of mileage charges for private auto. C. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 8. Documentation of the solicitation process used to select vendors and subcontractors along with original purchase orders and subcontracts. III. ADDITIONAL REOUIREMENTS— NONDISCRIMINATION AND EOUAL EMPLOYMENT OPPORTUNITY A. Additional Federal Nondiscrimination Requirements The Agency shall comply with all applicable federal laws prohibiting discrimination, including the following: Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 CFR Part 107; and Interlocal Agreement for Minor Home Repair 12 Page 10 of 15 2. Section 109 of the Housing and Community Development Act of 1974, as amended 42 United States Code (USC) 5301. B. Prohibited Discriminatory Actions The Agency may not, under any program or activity to which this Contract may apply, directly or through contractual or other arrangements, discriminate on the grounds of age, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence of any, physical, mental or sensory disability. Discriminatory actions may include, but are not limited to, the following: Denying any person access to facilities, services, financial aid or other benefits provided under the program or activity; 2. Denying any person services due to limited English proficiency; 3. Providing any person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity; 4. Subjecting any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity; 5. Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity; 6. Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity; and 7. Denying any person any opportunity to participate in a program or activity as an employee. C. Employment Projections In all solicitations under this Contract, the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this Section. IV. ADDITIONAL REOUIREMENTS— NONDISCRIMINATION IN SUBCONTRACTING PRACTICES In soliciting subcontractors to supply goods or services for the activities under this Contract, the Agency shall comply with 24 CFR 85.36(e) as amended if the Agency is a tnterlocal Agreement for Minor Home Repair Page 11 of 15 13 municipal corporation, and 24 CFR 84.44(b) (1) -(5) if the Agency is a nonprofit corporation. In accordance with these regulations, the Agency shall take all necessary affirmative steps to assure Minority and Women Business Enterprise and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include the actions specified in XV E, Small Business and Women Business Enterprise Opportunities of the Agency Services Contract, or XV D, Small Business and Women Business Enterprise Opportunities of the Public Entity Services Contract. V. ADDITIONAL REOUIREMENTS— SUBCONTRACTS AND PURCHASES A. Debarred Contractors The Agency shall not make any award at any time to any contractor, which is debarred, suspended, or excluded from participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension B. Federal Procurement Requirements If the Agency is a municipal corporation, it agrees to comply with procurement requirements specified in 24 CFR 85.36(b) through (g). If the Agency is a nonprofit corporation, it agrees to comply with procurement requirements specified in 24 CFR 84.40 through .48. The regulations at 24 CFR 85.36 (b) through (g) and 24 CFR 84.40 through .84.48, require that all goods and services, irrespective of cost, be procured using a competitive process. C. Failure to Comply is Default Failure by the Agency to require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. VI. ADDITIONAL REOUIREMENTS— CONFLICT OF INTEREST A. No Conflict of Interest The Agency agrees to abide by the provision of 24CFR 84.42 and 570.611, which include (but are not limited to) the following. The Agency shall maintain a written code or standards of conduct that shall govern the performance of its officer, employees or agents engaged in the award and administration of contracts supported by federal funds. 2. No employee, officer or agent of the Agency shall participate in the selection or in the award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest Interlocal Agreement for Minor Home Repair 14 Page 12 of 15 in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the County, the Agency or any designated public agency. B. Copyright If this contract results in any copyrightable material or inventions, the County reserves the right to royalty -free, non exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. VII. ADDITIONAL REOUIREMENTS— POLITICAL ACTIVITY PROHIBITED A. Certification Regarding Lobbying The Agency certifies, to the best of its knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Agency shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Interlocal Agreement for Minor Home Repair Page 13 of 15 15 VIII. ADDITIONAL REOUIREMENTS— EOUIPMENT PURCHASE. MAINTENANCE AND OWNERSHIP Disposition of Equipment If the Agency ceases to use equipment purchased in whole or in part with CDBG funds for the purpose described in this Contract, or if the Agency wishes to dispose of such equipment, the disposition shall be determined under the provisions of 24 CFR 570.502(b) (3) (vi), if the Agency is a nonprofit corporation and 24 CFR 570.502(a) and 24 CFR 85.32(e) if the Agency is a municipal corporation. The Agency agrees that it will contact the County for instructions prior to disposing, surplusing, encumbering or transferring ownership of any equipment purchased in whole or in part with federal funds. IX. SUPPLANTING A. Not for Profit Corporation If the Agency is a nonprofit corporation providing public (human) services under this Contract with CDBG funds and the Agency received non federal funds from King County "local funds or any other source to provide the same services as those funded herein during the preceding calendar year, the Agency must use the funds provided herein to pay for units of service this year that are over and above the level of service provided with local funds during the previous year. B. Municipal Corporation If the Agency is a municipal corporation, any federal CDBG Funds made available under this Contract shall not be utilized by the Agency to reduce or replace the local financial support currently being provided for the service funded under this Contract. X. DRUG FREE WORKPLACE CERTIFICATION AND OTHER REOUIREMENTS A. Drug -Free Workplace Certification The Agency certifies that it is in compliance with the Drug -Free Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 part 24, subpart F. B. Other Federal Requirements The absence of mention in this Contract of any other federal requirements which apply to the award, and expenditure of the federal funds made available by this Contract is not intended to indicate that those federal requirements are not applicable to Agency activities. The Agency shall comply with all other federal requirements relating to the expenditure of federal funds, including but not limited to: the Hatch Act (5 USC Chapter 15) regarding political activities. Interlocal Agreement for Minor Home Repair 16 Page 14 of 15 XI. CONSTITUTIONAL PROHIBITION Funds Not Used for Religious Purposes In accordance with the First Amendment of the United States Constitution, Article 1, Section 11 of the Washington State Constitution, and separation of church and state principles, as a general rule, funds received under this Contract may not be used for religious activities. The following restrictions and limitations apply to the use of CDBG funds: A. An Agency may not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the assistance funded under this Contract. If the Agency conducts religious activities, the activities must be offered separately, in time and location, from the assistance funded under this Contract, and participation must be voluntary for the beneficiaries of the assistance; and B. In performing under this Contract, the Agency shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Interlocal Agreement for Minor Home Repair Page 15 of 15 17 lE'3 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community and Parks Committee FROM: Bob, Giberson, Public Works Director -fA DATE: December 9, 2011 SUBJECT: Duwamish Gardens Project No. 90630102 Acceptance of Additional RCO Grant Funds ISSUE Approve a Project Grant Agreement Amendment with the WA State Recreation and Conservation Office (RCO) for additional grant funding of $50,045.00. BACKGROUND The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat site. Staff is in the process of clearing the site of all existing structures, starting the design process, and securing construction grant funding. Staff applied for and received design grant funding from the RCO in the amount of $197,299.00 and from the King Conservation District (KCD) in the amount of $52,929.34. Staff has negotiated a scope and fee from a design consultant in the amount of $316,066.00. This amount was more than the $250,000.00 estimate included on the grant applications. Staff contacted the RCO and was able to obtain an additional $50,045.00 in design grant funding. In order to receive this additional grant funding, an amendment to the existing RCO grant agreement must be executed and approved by City Council. ANALYSIS The total grant funding now available for design is $300,273.34 ($197,299.00, $50,045.00, and $52,929.34). The RCO grant requires a local match of $54,059.00, which can be matched by the KCD funding of $52,929.34 and a City match of $1,129.66. A total of $15,792.66 in City funds will be needed for the design contract. RECOMMENDATION The Council is being asked to approve the RCO grant agreement amendment for additional grant funding of $50,045.00 and consider this item at the January 9, 2012 Committee of the Whole meeting and subsequent January 17, 2012 Regular Meeting. Attachments: CIP Sheet Duwamish Gardens (2012) RCO Grant Amendment WAPW Eng \PROJECTS\A- DR Projects \06 -DR02 (Duwamish Gardens) \Grants \RCO Grant \DesignUnfo Memo RCO Grant Acceptance.doc 19 20 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2012 to 2017 PROJECT: Duwamish Gardens Project No. 90630102 DESCRIPTION: Purchase and restore site as a salmon estuary and passive park. This project is included in the WRIA 9 Salmon Recovery Plans efforts to acquire and restore 20 -acres JUSTIFICATION: within the Duwamish estuary. STATUS: Property acquired in 2008. Design phase anticipated to begin in 2011. MAINT. IMPACT: Once site is restored, approximately 100 staff hours per year. Design funding from State Salmon Recovery Board (SRFB), King Conservation District (KCD), and COMMENT: Puget Sound Acquisition and Restoration. Acquisition grants included SRFB, WRIA 9 King Conservation District, KC Conservation Futures, WA State Aquatic Lands and WA State Earmark. FINANCIAL Through Estimated (in $000's) 2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL EXPENSES Design 17 16 300 333 Land (RM) 2,116 2,116 Const. Mgmt. 10 200 180 390 Construction 7 70 1,000 900 1,977 TOTAL EXPENSES 2,140 16 380 1,200 1,080 0 0 0 0 4,816 FUND SOURCES Awarded Grant 2,011 10 367 2,388 Proposed Grant 1,200 1,080 2,280 Mitigation Actual 0 Mitigation Expected 0 RE ET 1 (1st Qtr Percent) 129 6 13 0 0 0 0 0 0 148 TOTAL SOURCES 2,140 16 380 1,200 1,080 0 0 0 0 4,816 Project Location S e N WE j 9� Boefn e 7 S S l 81 2 S ali 0 N S11 t d 1 M v D A 8 A N A q 1 St i S�f c L 128 a+s 30 St 2012 2017 Capital Improvement Program 64 21 Natural Resources Building 1111 Washington St. S. E. Olympia, WA 98501 P.O. Box 40917 Olympia, WA 98504 -0917 STAT„a OA 0 X X STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE November 22, 2011 Ryan Larson City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 -2544 (360) 902 -3000 TTY (360) 902 -1996 Fax: (360) 902 -3026 E-mail:info@rco.wa.gov Web site: www.rco.wa.gov RE: Duwamish Gardens Estuarine Rehabilitation Design, RCO #10 -1605P Amendment #1 Cost Increase Approval Duwamish Gardens Acquisition, RCO #06 -2199A Closure of Grant without Contaminated Soil Cleanup Dear Mr. Larson: In response to your request to amend the above referenced Project Agreement, we have reviewed the circumstances and pertinent RCWs, WACs, and program policies relating to your request. As a result, I am approving an amendment to the Duwamish Gardens Estuarine Rehabilitation Design grant. Enclosed are two original amendments to the Project Agreement. Please sign both amendments, retain one for your records, and return one original. On a related note, we are closing the Duwamish Gardens Acquisition grant. We are keeping our 10% retainage of $76,852.10 since the contaminated soils have not been cleaned up per our Acquisition Policy Manual #3. The City has until December 31, 2015 to clean up the site, or have a fully- funded restoration construction plan in place; otherwise the RCO will consider this acquisition site a conversion. You will be required to follow our conversion policies outlined in the RCO Funded Projects Manual #7, pages 22 -25. If you have any questions, please do not hesitate to call Marc Duboiski at (360) 902 -3137 or e -mail to marcd(d�rco.wa.gov. Incerely 4 ko <aleen Cotti m Director Cc: Karen Bergeron, WRIA 9 Lead Entity Coordinator 22 Recreation and Conservation Funding Board Salmon Recovery Funding Board Washington Invasive Species Council Governor's Salmon Recovery Office Habitat and Recreation Lands Coordinating Group 40 -y WASHINGTON STATE Recreation and Conservation Office Amendment to Project Agreement Project Sponsor: City of Tukwila Project Number: 10 -1605P Project Title: Duwamish Gardens Estuarine Rehabilitation De: Amendment Number: 1 Amendment Type: Cost Change Amendment Description: City of Tukwila Recreation and Conservation Office The costs are increased due to higher than anticipated geotechnical services and expenses. 44 4 Project Funding: BY: BY: Kaleen Cot ingham I V The total cost of the project for the purpose of this Agreement changes as follows: TITLE: Old Amount New Amount Amount Amount RCO PSAR $31,755.00 12.69% $31,755.00 10.54% RCO SALMON FED PROJ $165,544.00 66.16% $215,589.00 71.53% Project Sponsor $52,929.00 21.15% $54,059.00 17.94% Total Project Cost $250,228.00 100% $301,403.00 100% Admin Limit $0.00 0.00% $0.00 0.00% A&E Limit $0.00 0.00% $0.00 0.00% Agreement Terms in all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State Of Washington City of Tukwila Recreation and Conservation Office AGENCY: 44 4 BY: BY: Kaleen Cot ingham I V TITLE: Director TITLE: DATE: I DATE: Pre approved as to form: BY: /S/ Assistant Attorney General SAL Project Cost Change Amendment Salmon Fundina Accounts AMENAGRI .RPT Chanter 77.85 RCW, Chanter 420 WAC 23 Amendment Agreement Description Project Sponsor: City of Tukwila Project Number: 10 -1605 P Project Title: Duwamish Gardens Estuarine Rehabilitation Desigi Amendment Number: 1 Agreement Description The City of Tukwila will create substitute shallow water habitat on a 2.16 acre site (and on adjacent WADNR aquatic lands) on the right bank of the Duwamish River immediately downstream of river mile 7.0. The site is in the high priority "transition zone" between fresh and saltwater, which provides the appropriate range of salinities for juvenile Chinook and chum to transition to salt water. Off channel and shallow water habitats in this stretch of the Duwamish will provide opportunities for juvenile fish to move out of the main channel to habitats where they can feed and rear. Longer residence times in the estuary allow for larger, healthier smolts prior to ocean migration. The property is among the largest remaining pieces of under developed sites for habitat restoration remaining in the Duwamish corridor. When restored, it will be the largest off channel habitat between the Codiga Farms restoration at RM 8.5 and North Wind's Weir restoration at RM 6.4. The new habitat will be created by excavating 55,000 cubic yards of material to establish approximately 2.0 acres of shallow water mudflat and marsh habitat and approximately 0.8 acre of uplands planted with native vegetation. The project will provide another viewpoint on the river across from the popular Green River Trail. The viewpoint will include interpretive signs on the pre contact use, historical, and ecological features of the site. The project is immediately below the Sound Transit LINK light rail bridge and viewed by thousands of riders each day. AAGREEDSC.RPT November 21, 2011 24 Page 1 Amendment Special Conditions Project Sponsor: City of Tukwila Project Number: 10 -1605 P Project Title: Duwamish Gardens Estuarine Rehabilitation Desigi Amendment Number: 1 Special Conditions For a final design and permitting grant, the project must following the following criteria, per SRFB Policy Manual #18, Appendix D: Final Project Design The final design process must address and resolve all substantial issues that may have been raised in the permitting and stakeholder review process, so that all stakeholders agree on the final plans. As with the preliminary design work, preparation of the final design must be done under the supervision of a licensed professional engineer. (For certain projects, where liability concerns are minimal, a licensed professional engineer may not be required. Consult RCO staff it you are NOT planning to use a licensed professional engineer.) Final design tasks include the following: 1. Revision of preliminary design drawings 2. Preparation of additional detailed drawings as needed to clarify the design of specific work items 3. Preparation of technical specifications to fully describe each part of the work 4. Preparation of a final construction cost estimate 5. Preparation of contract bidding documents and general contract conditions Final project design concludes with a comprehensive and detailed set of project drawings, technical specifications, and contract documents (if the project is to be advertised for contractor bidding). An "engineer's estimate" of construction cost must also be prepared by the designer, for comparison with estimates provided by general contractors (bids). ASPECCOND.RPT November 21, 2011 Page 1 25 Amendment Eligible Scope Activities Project Sponsor: Tukwila City of Project Number: 10-1605 Project Title: Duwamish Gardens Estuarine Rehabilitation Design Project Type: Planning Program: Salmon Federal Projects Amendment 1 Planning Metrics Worksite #1, Duwamish Gardens Estuary Rehabilitation Targeted salmonid ESU /DPS: Chinook Salmon­-Puget Sound ESU, Chum Salmon -Puget Sound/Strait of Georgia ESU, Steelhead -Puget Sound DPS Targeted species (non -ESU species): Bull Trout, Searun Cutthroat Area Encompassed (acres): 2 7 This area includes 2.16 acres of upland and approximately 0.6 acres of WADNR aquatic lands. Design for Salmon restoration Final design and permitting Name of Plan: Duwamish Gardens Estuarine Rehabilitation Design On May 14, 2010, Marc Duboiski told Dennis Clark that this metric should be completed at grant close -out. The name and description of the product metrics will be updated at that time. Description of Plan: To be completed in the course of carrying out the grant. On May 14, 2010, Marc Duboiski told Dennis Clark that this metric should be completed at grant close -out. The name and description of the product metrics will be updated at that time. AELIGREIM.RPT November 21, 2011 Page: 26 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Bob Giberson, Public Works Director DATE: December 9, 2011 SUBJECT Duwamish Gardens Project No. 90630102 Consultant Selection and Agreement ISSUE Consultant selection and agreement for design of the Duwamish Gardens Project. BACKGROUND In March 2011, the City issued a Request for Proposals for the design of the Duwamish Gardens project. The call for proposals included developing an archeological data recovery plan, contracts plans, specifications, cost estimate, and obtaining all required permits. The design will be based on a conceptual site plan developed by the WA State Department of Fish and Wildlife (WDFW) that included the excavation of approximately 55,000 cubic yards of material, providing 2 acres of shallow water mudflat and marsh habitat, a small trail, overlook, and interpretive signs. In April 2011, two consultant teams were interviewed in a competitive process after being short listed from nine RFP's that were received. The teams interviewed were JA Brennan Associates and Ridolfi. The consultants were scored by the selection panel, references were checked, and JA Brennan was unanimously selected as the firm that best meets the needs of the project. DISCUSSION Staff negotiated a consultant contract for the full design of Duwamish Gardens in the amount of $316,066.00. This was significantly over the original estimate of $250,000.00. Further cuts in the design scope were not deemed advisable by staff or the consultant, so staff then contacted the WA State Recreation and Conservation Office (RCO) and was able to secure an additional $50,045.00 in grant funding. Fiscal Impact: A total of $316,000.00 is currently budgeted with $300,273.34 available in grant funding and the remaining $15,702.66 will come from City funds currently- budgeted. RECOMMENDATION Approve design contract with JA Brennan Associates for design of the Duwamish Gardens project in the amount of $316,066.00 and consider this item at the January 9, 2012 Committee of the Whole and subsequent January 17, 2012 Regular meetings. Attachments: Consultant Selection scoring sheet Consultant Agreement WAPW Eng \PROJECTS\A- DR Projects \06 -DR02 (Duwamish Gardens) \Design \INFO MEMO Design Selection J.A. Brennan.docx 27 W a a s4. N 4>1 a /N 4i� p oo o N r- ,s, 0O N rn b�►V, N �t J d' r a b. X440 rn cU Ok yea %Ja M o CNI p /d► 00 444 c N aJ9 A r M M N co b N d f N d N N N R N U a C a O 3 N J ai co 30 CONSULTANT AGREEMENT .FOR DESIGN SERVICES THIS AGREEMENT is entered into. between the City of Tukwila, Washington, herein -after referred to as "the City and 1A. Brennan Associates, PLLC, hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Designation. The Consultant is retained by the City to perform Design services in connection with,the project titled Duwainish Gardens Design. 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. Time for Performance. Work under this contract shall commence upon the giving of 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 within 365 calendar "days from the date written notice; is given to proceed, 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 $316,066.00 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 is 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 state 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 to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to. persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that =the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said .policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9: Independent Contractor. The Consultant.and -the City agree that the Consultant is an inde- pendent 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 2 32 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 frill amount of such fee, commission, percentage; brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on. the grounds of race, color; national origin, religion, creed, age, sex or the presence of any physical or sensory handicap 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. 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. Attorneys Fees and Costs. In the event either party .shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing ply. 3 33 lb. 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: Jim Brennan, Principal J.A. Brennan Associates, PLLC 100 S. King St., Suite 200 Seattle, WA 98104 17. Integrated Agreement. 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. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 20 CITY OF TUKWILA CONSULTANT By-( Mayor Printed Name: Tames A. Brennan Title: Principal Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney 4 34 December 6, 2011 a. br ennan Landscape Architects Planners 100 S. King Street, Suite 200, Seattle, WA 98104 t. 206.583 -0620 f. 206.583.0623 Exhibit A Scope of Work Duwamish Gardens Prepared For: Ryan Larson, the City of Tukwila Public Works Department Project Description www.jabrennan.com The project involves design and permitting services for the construction of estuarine fish habitat on a 2.16 acre City owed site. A conceptual site plan has been developed by the WDFW and calls for the excavation of 55,000 cubic yards of material to establish approximately 2 acres of shallow water mudflat and marsh habitat and approximately 0.8 acres of uplands planted with native vegetation. Other work will include a small trail view deck kiosk Parking (on street or on site) Hand -carry boat launch Retaining walls (upland only) Minimal grading below OHW The work to be performed by the CONSULTANT consists assisting with Section 106 tasks related to archaeological site 45 -KI -703, Contract Plans, Specifications and Estimate (PS &E), and submitting all required permits. Additional items may include the development of a contaminated soil remediation plan. Task 1— Administration Administration tasks include meeting coordination, scheduling, contract administration and subconsultant administration costs and expenses. Task 2 Site Inventory and Analysis This task includes site investigations from a variety of disciplines in order to ascertain site conditions, constraints and opportunities associated with the proposed design. Site inventory and analysis will include survey, hydrologic analysis, geotechnical evaluation, contaminant testing, cultural resource investigation, and other general site reconnaissance to collect important site information. The City of Tukwila will provide wetland delineation if needed. Task 2.1 Landscape Site Analysis J.A. Brennan Associates: J.A. Brennan will provide base mapping to team members, utilizing the survey and administer existing information for review by the appropriate team members. City of Tukwila Duwamish Gardens Scope of Work 35 Deliverable: OHW delineation, base plan, vicinity map Task 2,2 Cultural and Historical Resource In vestigations A recorded archaeological site (45 -KI -703) is located immediately east of the project area; the site was excavated in 2005 prior to construction of Sound Transit's light rail line. The current project is subject to Section 106 of the National Historic Preservation Act "Section 106 The Section 106 process requires a project proponent to identify any cultural resources that may be affected by a proposed project. Therefore cultural resources efforts will focus on determining if cultural deposits extend into the project area. If cultural deposits do extend into the project area, it is assumed those deposits would be eligible for listing in the National Register of Historic Places. In order to evaluate the cultural deposits it will be necessary to determine the nature and extent of the deposits, with a focus on any new information the newly identified deposits can provide compared with the 2005 excavations. PRA's focus is on documenting the extent of any deposits so that design plans can avoid impact to the greatest extent possible. Task 22 9 Regulatory Assistance Meetings PRA will attend up to 3 meetings with tribes and USACE to assist with consultation under Section 106 of the National Historic Preservation Act. The meetings are assumed to be held on site or at City of Tukwila offices. The first meeting should be scheduled as early in the planning process as possible in order to adequately address the concerns of the stakeholders regarding archaeological site 45 -KI -703. It is anticipated that the first meeting may inform the approach to conducting further cultural resources tasks. Attendees at the first meeting are expected to include City of Tukwila project manager, USACE archaeologists, tribal cultural resources staff, Department of Archaeology and Historic Preservation (DAHP), possibly King County archaeologists, JA Brennan project manager, and PRA staff. Prior to the first meeting, PRA will review any notes or correspondence made by the City during previous meetings with stakeholders regarding archaeological concerns. Correspondence PRA will prepare Section 106 correspondence for City of Tukwila signature. Correspondence is expected to include consultation initiation letter and definition of Area of Potential Effects. This task also includes reviewing correspondence sent by stakeholders. Task 222 Prepare Unanticipated Disco very Plan Because of the proximity of a recorded archaeological site, it is anticipated that stakeholders will request preparation of an unanticipated discovery plan (UDP). The UDP will outline the procedures to be followed if additional cultural deposits are identified as well as provide brief context for the site and any subsequent discovery. The UDP will not be as detailed as a Monitoring Plan. A draft UDP will be prepared for review by stakeholders. Upon receipt of comments, PRA will finalize the UDP. The City will be responsible for distributing the draft and final UDP. City of Tukwila Duwamish Gardens Scope of Work 36 The UDP should be approved before any ground disturbing activities take place on the site. The UDP should be approved before any ground disturbing activities take place on the site. Task 223 Observe Contaminated Soil Testing Up to 14 geoprobes will be collected as part of the contaminated soils study. Because observations made during contaminated soil testing will help to identify the nature and extent of cultural resources, PRA will observe contaminated soil testing in coordination with geotechnical investigations. This will be conducted to leverage deep testing methods for cultural resources investigation. Cultural deposits (if present) are anticipated at approximately 8 -10' below surface; geoprobe sampling will extend to 12' below surface in order to exceed the expected depths of cultural deposits. This will allow a deeper look than traditional archaeological sampling could accomplish. Fourteen geoprobes will be taken from across the project area; sampling is anticipated to be conducted for 2 days. PRA will visually inspect the geoprobes and take notes and photographs. PRA will also take sediment samples for macrobotanical analysis. Identification of cultural resources during soil testing will not be not be grounds for stopping investigations (unless human remains are identified; human remains are not expected). Task 2.2.4 Macrobotanical Analysis In order to evaluate whether cultural material extends into the project area, PRA will analyze sediments for macrobotanical remains (presence of burned plants including charcoal; this is not taxonomic analysis). This analysis is proposed based on the known types of cultural deposits found at 45 -KI -703 (charcoal rich sand that is believed to be more diffuse to the west of the 2005 site boundaries). Although charcoal staining is a strong indicator of cultural materials, presence of macrobotanicals will provide a more refined investigation and efficiently maximize cultural resources data collection identify areas of cultural activity. Task 2.2.5 Monitoring Memo PRA will prepare a monitoring memo summarizing the results of the geoprobe monitoring and microbotanical analysis; the memo will include maps incorporating cultural resources data. PRA will submit the draft monitoring memo to City of Tukwila for distribution to stakeholders. PRA will incorporate comments and produce a final memo. Task 2.2 Deliverables: Meeting notes, draft correspondence, draft and final UDP, draft and final monitoring memo. City of Tukwila Duwamish Gardens Scope of Work 37 Task 2.2 Assumptions: 1. No coordination will be necessary for the Carosino House or other standing structures (such as documentation or consultation prior to demolition) 2. Only one draft of each deliverable will be required 3. The City will involve USACE in cultural resources discussions in anticipation of their involvement; USACE involvement may initially be advisory. 4. Meetings are assumed to take up to 2 hours each plus travel time. 5. SEPA checklist will refer to the Section 106 work and will not require any additional reporting for Question 13. 6. No construction monitoring is included. No data recovery or testing is included. 7. Additional mitigation efforts may be requested by stakeholders, depending on the results of various investigations. 8. Archaeological investigations are expected to result in up to 1 cubic foot of samples which will need to be curated. Every effort will be made to reduce the curation burden. The cost for curation of samples is estimated at NTE $2000 (in perpetuity). This cost is not included in the budget. Task 2.3 Geotechnical Evaluation Shannon Wilson: The geotechnical site assessment scope of services includes data collection, testing and preliminary geotechnical design services for slope stability, foundation design of the viewing platform, and construction dewatering. Task 2 3.1 Subsurface Explorations S &W will drill and sample 60 -foot and 40 -foot deep borings for purposes of slope stability in the middle of the site. Soil samples will be taken at 2.5 -foot intervals in the upper 20 feet and then at 5 -foot intervals below 20 feet. The two borings will have pressure transducers /dataloggers for a period of two months to monitor groundwater levels and fluctuations. If the soils in the two new borings are consistent with boring AB- 18 completed by AMEC for the Sound Transit pier at the southeast corner of the site, S &W will assume that subsurface conditions are relatively uniform across the site and the combined data will be used to design the pile foundations for a proposed public viewing platform. If conditions are not consistent among the two new borings and the Sound Transit pier boring, we will recommend an additional boring at the location of the viewing platform. Task 2.3.2 Laboratory testing The laboratory testing program will consist of 12 grain size distributions and 18 water contents to characterize the soils. City of Tukwila Duwamish Gardens Scope of Work 4 Task 2 3.3 Slope Stability Analysis Slope stability analyses will be performed at three locations for configurations of slope and river fluctuations, to include the northern cut slope, the temporary dike between the proposed basin and the river, and the cut slope in the proximity of the Sound Transit pier. S &W will identify maximum stable side slopes of native material at each of the three locations. This does not include interaction analysis between the proposed basin slope cut and the Sound Transit pier. Task 2.3.4 Viewing Deck Pile Design Analysis S &W will provide recommendations for foundation support for a proposed viewing platform and work with and provide design parameters for a structural engineer in the deck design. Task 23.5Pavement Design Analysis S &W will design will design a flexible pavement section for the parking area using the 1993 AASHTO Guide for Design of Pavement Structures. Task 2.3.7Hydrogeologic Assessment The groundwater hydrogeologic and environmental assessment objectives focus on two key considerations including 1) characterization of groundwater hydrogeology for evaluation of potential groundwater contamination and 2) construction dewatering requirements. Deliverables: Technical Memo Geotechnical Site Evaluation Assumptions: Shoreline exemption permits to be provided by the City prior to drilling. A proposed wall for a trail to the river's edge will not require design engineering. The additional boring referenced above is not included in the cost estimate. Anticipated traffic loads on parking area pavement will be provided by the City. Subgrade modulus values for pavement design will be correlated from existing geotechnical data; no new in situ or laboratory testing will be performed. Contaminated Soils Task 2.4 Contaminated Soils Groundwater Shannon Wilson: The environmental scope of services includes a review of a previous Phase 2 Environmental Site Assessment (ESA) prepared for the site in 2002 by Garry Struthers and Associates (GSA), sampling to assess the presence and extent of the soil and groundwater contamination in order to adequately characterize and design project specifications for disposal of soil excavated during construction, and to address the potential treatment and discharge options for groundwater generated during excavation dewatering. Based on review of the Phase 2 ESA prepared CDM in 2008 the following potential environmental issues will be assessed: potential near surface soil contamination (based in information from the GSA report) and City of Tukwila Duwamish Gardens Scope of Work 5 w contaminated groundwater at the northwest corner of the site. Task 2.4. Previous Study Review The Phase 2 ESA prepared by CDM was reviewed for preparation of this scope. The GSA report is referenced in that report, but was not previously available. The findings of the GSA report, as reported, in brief, in the CDM report indicate that the surface soil at the site is contaminated with carcinogenic polynuclear aromatic hydrocarbons (cPAHs), lead, and chromium at levels that exceed the exceed the Washington State Department of Ecology Model Toxics Control Act (MTCA) Method A cleanup levels. According to the CDM report, this finding was based on extrapolation from composite samples collected from four quadrants of the site. These results are important because they indicate that the entirety of the surface soil at the site is contaminated at levels that would require special handling and disposal, and in the case of the lead and chromium, additional waste disposal characterization analysis. We will review the GSA report to better understand the significance of these findings. This may lead to a reduction in scope of the near surface soil assessment in Task 2.4.2, if GSA's interpretation of the data is found to be overly conservative or in error. Task 2.4.2 Near-Surface Soil Assessment A discussed above, the GSA Phase 2 ESA, as reported in the CDM report, indicates that near surface soils throughout the site are contaminated at levels that exceed the MTCA cleanup levels. Soil contamination of this level will require special disposal at a Resource Conservation and Recovery Act (RCRA) Subtitle D facility during construction. However, the initial results were reportedly extrapolated from composite samples and are likely conservative. The following is an approximate summary of likely construction costs for clean and contaminated soils: Clean soil disposal, $15 /Ton, approximate $152,000 project disposal cost (not including transport) Contaminated soil disposal at Subtitle D Facility, $45 /ton, approximate $450,000 project disposal cost (not including transport) Performing the soils study could result in a project savings of $200,000 to $300,000, as well as provide more comprehensive site characterization which could be beneficial during project permitting and construction contract document development and the bidding process. Therefore, this scope of services recommends the following soils contamination work to complete the studies to confirm or discount the presence of these contaminants at levels that will require special disposal during construction. The site is approximately 2.16 acres in size, and samples will be collected for the top 2 feet using Ecology's guidance on sampling The approximately 7,000 cubic yards of soils in question would be sampled at a rate of 10 samples per the first 2,000 cubic yards of material, and then an additional sample for each additional 500 cubic yards thereafter for a total of 14 geoprobe samples, with soils samples also collected from 2 geotechnical borings, will be required to characterize the upper 2 feet of soil. The site will be divided into 20 approximately equal sized grids and the geoprobes will be advanced at the approximate center of each grid. City of Tukwila Duwamish Gardens Scope of Work .B The samples will be collected using a direct -push geoprobe rig. The geoprobe is a direct push boring rig with a 2 inch outside diameter (O.D.) casing that is advanced using a percussive force rather than using an auger to remove soils in its path. Geoprobe soil samples are collected in 4 -ft long, plastic lined sections. While only the near- surface soil is assumed to be contaminated, the geoprobes will be advanced and 3 samples collected for each boring to 12 feet below ground surface to provide additional information for the cultural resources assessment. Soil samples collected from the geoprobes will be classified according to their geology and field screened for volatile organic compounds (VOCs) and hydrocarbon contamination using a photoionization detector (PID). Prior to conducting the field work, we will prepare an internal Sampling and Analysis Plan that describes in detail the proposed sampling procedures. One composite laboratory contaminated soil sample each will be collected from the 0 -2 foot interval and the 2 -4 foot geoprobe tubes. Both samples will be submitted to the laboratory for analytical testing for cPAHs, lead, and chromium; however, only the 0 -2 foot interval sample will be analyzed initially. If the results of the 0 -2 foot sample indicate that the soil in that interval is contaminated above a MTCA Method A cleanup level, then the 2 -4 foot interval sample will be analyzed to assess the potential vertical extent of contamination. Additional samples may be collected if field screening of the geoprobe cores indicate that a contaminant other than PAHs and metals is present, and /or if indications of contamination are Each geoprobe location will be cleared by both private and public utility locators. We anticipate that the sampling will take 2 full days to complete. We will prepare a media characterization report that includes a summary of our field work, figures showing sample locations and soil disposal designation for each grid, tables summarizing the analytical data, and the raw analytical laboratory reports. Task 2.4.3 Contaminated Groundwater The groundwater hydrogeologic and environmental assessment objectives focus on two key considerations including characterization of groundwater hydrogeology for evaluation of potential groundwater contamination and construction dewatering requirements (see previous task 2.3.5 above). A previous Phase 2 ESA study indicated that solvent related volatile organic compounds (VOCs) were detected in groundwater samples. The groundwater assessment will further evaluate the presence of these contaminants in groundwater that could affect discharge permitting for dewatering fluids generated from that area of the site. Up to five groundwater samples will be collected in the geotechnical borings and wells and geoprobe sampling locations. The samples will be submitted to an analytical laboratory for analysis of halogenated VOCs. The results of this analysis will be included in the media characterization report along with our recommendations for potential treatment of contaminated dewatering fluids prior to discharge. Deliverables: Technical Memo Soils and Groundwater Contamination Report Assumptions: City of Tukwila Duwamish Gardens Scope of Work 41 1. According the Phase 2 ESA, there are also two underground storage tanks present at the site, however; it is our understanding that these tanks will be removed by the City prior to construction. 2. Shoreline exemption permits to be provided by the City prior to geoprobe testing. 3. The consultant will coordinate utility locates. 4. No contamination occurs below a depth of 4ft. 5. Soil borings need to be collected to a depth of 12ft to provide adequate characterization for archaeological and cultural resources assessments. 6. The project archaeologist will retrieve soils samples from Shannon Wilson for their review, and /or attend the site during geoprobe sampling and boring activities. 7. Investigation- derived waste (i.e. geoprobe cuttings and decontamination water) will be stored in DOT approved drums on site. 8. Disposal of lab samples reviewed at a separate location by the Archaeologist will be the responsibility of the Archaeologist. Task 2.5Estuarine Ecology Identify Ordinary High Water Mark (OHWM) We will identify the OHWM and include this key feature on the project base maps. The following tasks will be accomplished: Coordinate with the Washington Department of Ecology (WDOE) to apply the appropriate protocol for the OHWM. Field flagging of OHWM. Coordinate with survey crew to map flagging. Conduct Estuarine Ecology Assessment and Pro vide Habitat Design Recommendations In support of the overall habitat design support, TEC will compile and review various relevant background documents in support of the design process. No field data collection will be conducted for this task. Deliverables: Estuarine ecology and habitat design support memo. Task 2.6 Hydrologic and Hydraulic Analysis: City of Tukwila Duwamish Gardens Scope of Work 42 Task 2.6. Marsh hydrology, geomorphology and vegetation zones The marsh vegetation and geomorphologic characteristics are important in developing the project grading plans. This task will involve the following evaluation elements for supporting recommendation of marsh grading plan elevations. Identify and locate marsh vegetation and types, and mudflat elevations of adjacent and cross river marsh areas. Survey of points to be completed by Lin Associates. Data to be shown on CAD plans and provided to S &W. Review the HEC -RAS model, USGS and NOAA gages and provide documentation of tidal and USGS gage correlations to the project site. Provide a characterization of tidal and river inundation stages and associated geomorphologic and vegetation zones. Task 2.6.2 Project existing and proposed hydraulics A project hydraulic assessment is necessary to evaluate the project effects on floodplain water surface elevations, which are part of permit reporting requirements, erosion protection, bank stabilization, and slope stability design evaluation. The project existing hydraulics will include the following tasks: Document existing hydraulic conditions (water surface elevations, velocities, shear stress, ramping and drawdown conditions) as obtained from the HEC -RAS model for the following key periods: FEMA 1% exceedance flood (confirm with King County FEMA Flood Insurance Study and updates) Construction season conditions Provide a review of the hydrologic record for tidal and river inundation, flow duration and ramping characteristics to be incorporated into the geotechnical slope stability analysis. Provide recommendations on channel erosion protection and bank stabilization measures as necessary. Deliverable: Technical Memo Tidal Marsh hydrology, geomorphology and vegetation zones Technical Memo Tidal Marsh hydraulics Letter Stamped letter by engineer state that project will meet no -rise flood requirements. Assumptions: The most current King County HEC -RAS model will be made available to the project study team. City of Tukwila will accept from the hydraulic engineer a stamped letter stating that the project will have no -rise as it is a floodplain excavation and off -site disposal project. A detailed hydrologic and hydraulics report is not necessary for the design or permitting of this project, and that the items listed above will suffice. City of Tukwila Duwamish Gardens Scope of Work 43 Task 2 7 Civil Engineering Surveying GHD: 1. GHD will identify both existing on -site utilities as well as utilities adjacent to the property and coordinate with Sound Transit, City of Tukwila, and other utility service providers. 2. GHD will confirm existing utility locations by reviewing asbuilt documents for the Sound Transit Light Rail Project. 3. GHD will provide input into low impact development strategies for the proposed parking stalls associated with the project and stormwater code requirements. Deliverables: GHD will provide a standard memorandum that may be used for additional documents Assumptions: GHD has design documents for the Sound Transit Light Rail Project. GHD will coordinate with the City of Tukwila in obtaining project as- builts for the Sound Transit Light Rail Project. Lin Associates: Topographic Survey. A complete survey of the site was performed by Sound Transit in 2005, in which Lin Associates performed the majority of the work and includes property and easement boundaries. This survey will be used for conceptual design. Pick -up surveys will be needed to update the basemap and /or expand the area shown to allow for final design. The survey datum will be MLLW. Geotechnical borings and test pits will be surveyed and added to the basemap. Deliverables: A copy of the survey on electronic media with property and easement lines. The drawing shall be compatible with AutoCAD and shall be one drawing file. An ASCII file of reduced survey points including the point number, northing, easting, and elevation based on the required horizontal and vertical control to be used. An electronic AutoCAD file with the triangulated irregular network (TIN) of the digital terrain model for the topographic survey and will include a copy of the Land Development Desktop directory with files which make up the surface. Task 3 —Alternatives Design Two alternative plans will be prepared for review by staff, stakeholders and the public. The alternative designs will be based on the WDFW Concept Design, 213, which has been selected as the preferred alternative from that process. Alternative designs will utilize new site analysis investigations and information to finesse the preferred alternative to meet habitat goals, add recreational and interpretive elements, and accommodate maintenance and security needs. The alternatives and memorandum that were completed as part of the WDFW Concept Study will be reviewed in order to understand previous investigations and incorporate project goals and relevant design ideas into the alternatives design. Taylor Associates/TEC, Inc. Provide input via one team meeting, and in a short memo re: habitat pros /cons for each alternative City of Tukwila Duwamish Gardens Scope of Work 10 Shannon Wilson: Provide input via one team meeting, and in a short memo re: hydrologic hydraulic geotech/environmental pros /cons for each alternative GHD, Inc.: GHD will review two alternatives and provide input towards utility impacts, drainage requirements, site layout as it pertains to any hardscapes, grading, and construction sequencing. GHD will prepare a memorandum that maybe used in additional project documents. Lin Associates Provide input via one team meeting, and in a short memo re: structural effects to light rail for each alternative Deliverables: Alternatives memorandum (up to 2 pages) Two diagrammatic alternative concept plans (2406) Two sections /elevations Paragon PRA will prepare an alternatives memorandum (up to 1 pages) re: alternative impacts /opportunities followed by a meeting with stakeholders to discuss cultural resources concerns. Task 4 Schematic Design The draft and final schematic plan will reflect the preferred design as ascertained during the alternatives design process. The schematic design will include a preliminary layout of habitat, planting, recreational, access and interpretive features. The plan will be accompanied by other hand -drawn graphics as described under the deliverables section below, and a written memorandum that describes habitat and shoreline function and potential impacts or considerations related to code, cultural resources, and existing structures. Deliverables Base Map Draft Schematic Plan Sections, up to 3 Color rendered Final Schematic Plan Schematic Design Tech Memo (up to 4 pages) Cost estimate (for Final Schematic Plan) Taylor Associates /TEC, Inc. provide input via one team meeting, and in a short memo re: habitat pros /cons Shannon Wilson: Provide input via one team meeting, and in a short memo re: hydrologic/hydraulic geotech/environmental pros /cons, hydraulic engineering schematic plan and cost estimate GHD, Inc.: GHD will provide schematic site drainage, utility, and paving plans for selected alternative. GHD will provide a cost estimate for the schematic design. GHD will provide a basis of design memorandum that may be included in additional project documents. City of Tukwila Duwamish Gardens Scope of Work 11 45 Lin Associates Provide input via one team meeting, and in a short memo regarding the structural effects to light rail for each alternative; schematic diagram showing the type protection/buffer zones that may be needed around the existing pier. Task 5— Public Involvement, Stakeholder Meetings and Team Meetings This task includes involvement and preparation for meetings with the client, stakeholders and the public. For detailed listing of the meetings, see Attachment B. Task 6 Design Development The design development submittal will apply technical expertise to create design solutions to schematic design problems. JAB will create a design development submittal that will be primarily Auto -cad- drafted; although some information may be hand drawn. Illustrative drawings will be completed as a method to convey design feasibility and finished project character. A preliminary square- footage level cost estimate will be provided for the design development plan. J.A. Brennan Associates Deliverables Specification Outline Product cut sheets Plans (as outlined in attached fee proposal) Estimate of probable construction costs Design .Development Tech Memo, updated from schematic phase (up to 6 pages) GHD GHD will provide Technical Drainage Report for the project. The document will be per City of Tukwila Standards and formatted per the 2009 King County Surface Water Manual. GHD will coordinate utilities that will be removed or abandoned. GHD will review and coordinate grading plan and provide earthwork calculations as needed. GHD will update the basis of design memorandum that may be included in additional project documents. Deliverables Technical Information Report (TIR) Schematic Drainage Plan Schematic Utility Plan Schematic Paving Plan Cost Estimate Temporary Sediment and Erosion Plan for inland work Shannon Wilson: The project hydraulic and geotechnical design will include the following tasks: Develop a construction sequencing plan, groundwater dewatering and temporary excavation recommendations. Lin Associates Structural engineering— Assist the civil team with preparation of the plan and profile of the deck. Provide tech memo to discuss possible options and costs for various alternates. City of Tukwila Duwamish Gardens Scope of Work 12 M Task 7- Permit Support This task includes providing necessary permit documentation and a limited amount of coordination and correspondence to support the client applying for federal, state and one local (county) permits. The permit documentation includes the JARPA Application. J.A. Brennan will provide limited permit agency coordination support, and will provide a limited amount of design changes and responses to permit review comments. Revisions to the permit application or re -design as a result of the permit review is not included in this contract. Some meeting time and coordination is shared between several permit activities for efficiency. It is assumed that this efficiency can be maintained for meetings and coordination with multiple agencies. It is assumed that the JARPA will cover the Corps 404 permit, HPA, and 401 Water Quality Certification. A Biological Assessment (BA) will be needed to accompany the JARPA form and graphics. The client will provide the permit application and correspondence for the local grading and drainage permit. J.A. Brennan will not provide a separate permit submittal drawing and specification package. Taylor Associates /TEC, Inc. Taylor Associates /TEC, Inc. will prepare and coordinate the following permit submittals and approvals. It is assumed the city of Tukwila will complete state and local permits: JARPA USACE Letter of Permission, 404 (Dredging). The 404 is assumed to be the Nationwide permit (NWP 27) level of effort due to past similar permitting in the Duwamish. If an individual permit is required that would be additional scope/budget. 401 Water Quality Certification A Biological Assessment (BA) will be prepared in a manner consistent with both the WSDOT BA format used by the US Fish and Wildlife Service and the National Marine Fisheries Service (the Services) and the Army Corps of Engineers Duwamish Programmatic BA. Taylor Associates /TEC, Inc. assumes that two submittals of the report will be required, a Draft and a Final, with minor edits to be incorporated for the Final report. GHD GHD will prepare the required information and documents necessary for the contractor to submit the SWPPP for all inland work. GHD will coordinate with the design team for other work SWPPP related items. Deliverables (refer to attachment B) JARPA form and graphics (4) will be prepared. Biological Assessment Report Addendum Task 8 Construction Documents (50 90% and 100 Construction documents will be submitted twice for client review prior to issuing final construction documents. Submittals will be provided at 50 90% and 100% design completion. They will include plans, specifications and estimate of probable construction costs. Specifications will be provided in CSI format. City of Tukwila Duwamish Gardens Scope of Work 13 M J.A. Brennan Associates: J.A. Brennan will provide layout, grading, planting, irrigation and associated details. Deliverables: JARPA Graphics (10 sheets) o Cover sheet and statistics Existing conditions /investigation plan Layout, grading and dredging plan Planting plan TESC plan Planting details and schedule Shoreline sections (up to 3 sheets) Other details Shannon Wilson: Hydraulic Design The project hydraulic design will include the following tasks: Finalize erosion and bank stabilization and habitat feature designs plans and specifications. Geotechnical design The geotechnical engineer will develop geotechnical design plans and specifications for the following project components: Permanent cut slopes Temporary construction and cut slopes Geotechnical design parameters for foundation pile designs to be developed by the structural engineer Contaminated soils removal and disposal specifications Construction dewatering performance specification (NO DESIGN) Construction dewatering for groundwater contamination performance Specification (NOT INCLUDED) Contaminated Media Specification Preparation Prepare specifications for contaminated soils handling. (to be updated) Assumptions: Construction dewatering performance specifications will be developed. No design of dewatering system will be provided to the Client who therefore assumes the risk for change order claims resulting from contractor dewatering system design and operation. The scope of services includes a construction dewatering performance specification (no design) only. The scope of services does not include plans and specifications for groundwater contamination treatment and mitigation. Deliverables: City of Tukwila Duwamish Gardens Scope of Work 14 W Technical Memo Hydraulic Design Plans and Specifications Technical Memo Geotechnical Design Plans and Specifications Technical Memo Contaminated Media Specification Sections: Sampling and Analysis, Excavation and Handling of Contaminated Media, and Transportation and Disposal of Contaminated Soil. GHD GHD will update Technical Drainage Report for the project. The document will be per City of Tukwila Standards and formatted per the 2009 King County Surface Water Manual. GHD will coordinate utilities that will be removed or abandoned. GHD will review and coordinate grading plan and provide earthwork calculations as needed. Deliverables Technical Information Report (TIR) Drainage Plan Utility Plan Paving Plan Cost Estimate Temporary Sediment and Erosion Plan for inland work Specifications Lin Associates Survey Prepare Survey Control Sheet. Structural engineering for an approximately 20' 30' x 10' 20' pile supported view deck. Prepare structural details for the view deck supports per the recommendations of the Geotechnical Engineer. Civil sheets to show plan and profile of the proposed deck. Assumptions General Assumptions: 1. No new wetland delineation will be provided. Wetland delineation to be provided by Client. It is assumed that no wetlands exist on site. 2. J.A. Brennan does not provide contaminated soils remediation services. 3. The client will provide coordinated, consolidated review comments at each submittal. 4. JAB will employ its own title block, sheet format and cad standards 5. It is assumed that there will be no changes to the entry road and path, or to any other elements in the road R.O.W., therefore no Right of Way permit will be necessary. 6. NPDES Permit application is not included. It is assumed that the Contractor will provide the NPDES. 7. Specifications will be 1994 CSI master format. City of Tukwila Duwamish Gardens Scope of Work 15 8. Refer to Attachment B Fee Matrix for specific products and scope items 9. Construction support is not included in this scope of work. 10. Data review includes WDFW concept plan 11. Historic properties research is not included; it is assumed there are not designated historical sites or buildings within the project area. 12. Shoreline Permit application not included; Critical Area analysis and permit not included. 13. City grading permit, demolition, utilities and all other City permits not included. Optional Services Task 2.2.7 (if necessary) Site Form addendum If additional cultural deposits are identified, PRA will prepare a site form addendum including updated site boundary maps. The site form addendum will be appended to one of the deliverables (tbd). If further subsurface investigations are planned, preparation of the site form addendum may be deferred for efficiency, however PRA will prepare site maps for use by design team members in the interim. Task 22 8 (if necessary) Testing/Data Reco very Plan PRA will prepare a testing or data recovery plan that will outline the methodology and research questions that would be addressed during a testing or data recovery effort. This document would require review and approval from stakeholders. Additional meetings may be necessary to finalize the plan; one meeting is included in time estimates. City of Tukwila Duwamish Gardens Scope of Work 16 50 EXHIBIT B City of Tukwila Public Works J.A. BRENNAN ASSOCIATES, PLLC DUWAMISH GARDENS DESIGN ORK DESCRIPTION ITEM December 6, 2011 R 1 1 2 3 4 Administration / Coordination Job seLup Progress ports Prepare invoices Scheduling ota1 Site Inventory & Analysis Landscape Site Analysis Base map preparation identification of OHW Background data review, ports, plans, fence Up to (1) site visit Land use & zoning analysis Site context map (on USGS) Opportunities and constraints map Prepare site analysis technical memo (up to 8 peg 2 2.1 2.1,1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 2.2 2.2.1 2.2.2 2.2.3 2,2.4 2.2.5 2.2.6 2.2.7 PI CN T To Designer Admin 00 flours Labor To Total 0. �Elnnn Expenses Total w/ Markup Total To Total Total Tote Total Total erkup Grand o TayloriTEC Shan. & Wil GHD Paragon n & Assoc Cass, Interp S b CO nsuitan __® 3 244.00 MM. 5 490.00 16 1,412.00 __© 10 1,074,00 490.00 41260 074.00 Total Land scape :She Analysis Cultural and Historical Resource Investigation Section 106 Regulatory Assistance Prepare Unanticipated Discovery Plan Option A: Observe Contaminated Soil Option A: Macrobotanical Analysis Option A Prepare monitoring results memo Of necessary) Site form addendum (if necessary) Testing /Data Recovery Plan 602.00 8 14 1446 00 118000 4 00 63 00 48460 820.00 602.00 232,00 446 00 200.00 224.00 509.00 602.00 556 00 305,00 341,00 63.00 569.00 =111111��_ =111 =EMI 00 00 r, - 600.00 1.100 050 170 0.00 600,00 100 00 1 050 00 600.00 05060 570'.00 0.00 60.00 0,00 05.00 00 060 60.00 602.00 2,656 00 2,355 00 1 511 00 63.00 69.00 75.00 2.3 2.3.1 2.3.2 2.3.3 2.3.4 2.3.5 2,3.6 2.3.7 Total Cutural and: His toricalResource Investigation Geotechnlcal investigations Subsurface explorations (2 borings) Laboratory Testing (18 grain size) Slope Stability Analysis Viewing Deck Pile Analysis Pavement Design Analysis Technical Report Hydrogeoiogic Characterization 2.4 A 2,4.1 2.4.2 2,4.3 To Gaoteahnical Invasti goffimmilainte MEE 34 00 0.00 32 00 98.00 134 00 1.294.00 464.00 232.00 443.60 0.00 232 00 98.00 134.00 371 60 294.80 460 90 262.1 0 2,376,00 2,948 00 2 289 00 641 00 6 616.00 4,096.00 2,116.00 2.376.00 409.60 4,969.60 559.60 2,948,00 2 289 00 641 00 6.616.00 294.80 228,90 164.10 661.60 556.20 0.00 0.00 0.00 0,408.00 2,224.00 5,562.00 684.00 1,042.00 6.501.00 1,362.00 iii 2,082:00 0.408.00 2.224.00 208.20 040.80 222.40 11,680,80 2,446.40 684 00 042 00 6,501.00 168.40 04.20 650.10 407.20 6,118,20 1 852 40 4620 7,151.10 Conta t d Soil T t g '' Sampling a dan analysis plan 0 000 Near Surface Soil Assessment (up to 14 geoprobes) mu� Contaminated Groundwater -_ 0 0 00 Total Contaminated Soils Testing ros 9,749.00 2,854.00 1;454,80 3,208.00 2.5 2.5.1 2.5.2 2.5.3 Estuarine Inventory & Analysis Compile and analyze field data Estuarine literature review Write estuarine ecoogy and sae data memo Total Estuarine Inventory & Analysis 2.6 Durso.. GaNens Tukwiz 2011 -07- 19,Opiion A 12162011 2,880.00 2,880 00 3.302,00 660.00 660.00 738,00 2,700.00 4,080 00 9,860.00 Fee Proposal City of Tukwila Public Works J.A. BRENNAN ASSOCIATES, PLLC Decemb r 6, 2011 DUWAMISH GARDENS DESIGN WOR DESCRIPTION ITEM Rate 2.6.2 Project existing hydraulics Total Hydraulic Modeling Analysis 2.7 Civr8Survey,ng 2 7 2 Survey Pickups to Update Site Survey Createlupdate basemaps Survey boreholes, testholes, monitoring wells Surveying :$17.6d4M0.-XDO :mod 4-AtAgn65 4.**144411 mom Minit tstiZASO *WM 2201E: Total 3 23200 232.00 566.30 134.00 134.00 392.20 366.00 0.00 - 366.00 , 958.50 0.00 5,925,00 0.00 3,34350 2,582.00 0.00 0 306.50 0.00 306. 0 8,507.68 0,09 0.00 Off0 0 00 439 65 30ff50 517.13 0.00 194.03 306.50 1,150.80 8,552,50 1, 18,190.60 0.09 0.00 500.00 0.00 0.06 50,626,00' 1,165.00 „.1,165,00 3,731.50 1,606.25 1,940.25 0.00 7,278.00 .41362.00 3,343.00 334.30 3,909.30 2,582.00 258.20 2,974.20 0.00 5,925.00 592,50 6,883.50 0.00 0.00 0,00 4,396.50 2,106.25 1,940.25 8,443,00 96,38 .00 439.65 4,836.15 210.63 2,623.38 194 03 2,134 28 844.30 9,593.80 9,638,10 114,339.60 Alternatives Design Review of project goals Alternative plans (2) Sections (up to 2, 1 for each alt) Prepare alternative design memo (up to 5 pages) Inundation duration analysis See drainage and utilities design Schematic Site grading coordination MIN 1111111111119 209200 46400 2500 20ff 0 2,117.00 2,117.00 464.00 464ff 0 MI= 5 NENE Liiiiralimmei832.00 83200 366.00 1,156.00 1,176.00 7 • III MI: 582.50 665 00 96.D*0I5I 500.00 14 1,109.00 25000 5 0 0 00 11,111 0 000 000 Total rnRM RigKEPII 0,':'7013WITAW:gt:0-Ft:14545,1'44409iWg:VMPIRAKtOgIMPS,INARgeninttngitVatUtnelt.Tit'OnVnteattn! 40 3,648.00 50.00 3,698.00 3,6g8.00 0.00 0.00 3,698ff 0 7 Milin. I 1111.1 mi 358.00 358ff0 59818%000 884 00 960.00 358.00 447.50 918.00 944.00 589.00 589.00 575.10 690.00 1,481.00 50ff00 895 00 260.00 260.00 2,171ff0 217.10 760,00 76.00 895.00 89.50 260ff 0 26.00 0.00 ff00 11 8789%000 25 00 823ff 0 823.00 0.00 0.00 823.00 8 9 Total 10 • 48 . p 24 7 5,241,09 6 "--',,,:9,971,00;' 1,934.00 484ff 0 ---s-; 00.00-. 125ff0 2,059.00 2,085ff0 484.00 573ff 0 10,971.00 .1 :ii8,595:10 :---:--,-,' 0600' -;--"'-"'.-,A,4131,00- ;',..;,-2,29(1.00,- -.1---,,,..7-0,06 895.00 260.00 260.00 mac 14 4 2 3 Milli -'111716-4 696.00 885ff0 l'''*''''''''ttAViTtlieNtlint*RMitlettiMINSON*1=PITANtlegiMPFITRARtattORtIlMitingftiglidgatempirnggim 696.00 1,214.83 675.00 1481ff0 817.50 1215.00 4 1,65396%000 20.00 1,558.00 1,650.50 675ff0 500,00 250.00 500.001111.= M=1 3,298.25 329.83 4,513.08 1,215.00 121.50 2,032.50 5 6 1,366.00 1,366ff0 1,392.00 20.00 MOO 1,38ff 00 1,392.00 1,386.00 1,386ff 0 1,392.00 ,rillml_MME1=11111111111M 2,156.00 215ff0 925ff0 92.50 2,575.50 00.0000 00.0000 0.00 0.00 1111Inglilliiii 1220.00 20.00 1,24ff 00 1ff 86ff 0 696.00 911.60 1,240.00 675.00 1481 00 11 8 2,240,00 2 20 a, iiiiii7,S40:20: 0.00 1,824.00 50.00 1,874.00 1,899ff0 OMMOMME 250ff0 250.00 25ff0 2 site visit to 1 sheet setep rgliiiiiiiiiiirg*MWWWWWWIMMEggaggieUMWWWWWWWWINOROBWWWWWWWWWPWMPOVENIMatif 1 ssom 50000 850.00 M000 3 483ff 0 483 ff0 510.23 272.25 272.25 27.23 782.48 0,00 0 00 3 Cover Sheet 2 2 126.00 12600 126.00 0.00 0.00 126.00 Site paving plan Meeting & memo with ST to discuss effects to pier Team Meeting (TEC, S&W, GHD, Lin) Draft and final preferred alternative schematic design Sections (up 10 2) Cost estimate Schematic stormwater and utilities plan Schematic hydrology/hydraulic plan Schematic tech memo (up to 4 pages) Illustrative sketches and plans Schematic paving plan Team meeting Client Kick off meeting (JAB) Stakeholder Workshop Team schematic meeting Stakeholder Meeting No. 1 - Public Meeting 51 Stakeholder Meeting No. 2 Up to 2 client meetings (JAB only) Prepare meeting & report graphics D.anesh GardensTuleek,2011-07-19,0plion A 12102011 526.00 1,164.00 287.00 598ff0 0.00 0;98300, 20ff 0 '-. 6 .00 526ff 0 1,164 00 61800 11., 13.00 Fee Proposal 1,176.00 832ff0 772.00 78.00 160.60 8,084, 0 1,481.00 ,481.80 125.00 1,540,00 ,000.00 1,540.00 640:00 780.00 0.00 0.00 0.00 0.00 0.00 665ff0 250.00 500.00 1,540ff0 780.00 1,606.00 ,341.00 0.00 0.00 Off0 66.50 25.00 50.00 154ff0 78 00 160.60 534. 0 26.00 89ff 0 .524- 784,43 464.00 2,117.00 1,176.00 832.00 366.00 1,257ff0 1,439 ff0 837 00 2,312 00 858 00 1,766 60 13,4 ,10 1,720.00 1,342.50 2,746.10 1,204.00 589.00 2,345.00 1,468.50 5,936,10. 3,067.60 1,240 00 1,386.00 1,386.00 1,39200 2,149.00 -.19, 41.68 City of J.A. BRENNAN Tukwila Public Works December 6, 2011 ASSOCIATES, PLLC DUWAMISH GARDENS DESIGN WORK ITEM DESCRIPTION JS ' P81 , TW 1 -- - r -Mind MP -.,r14.L.- &98.00 DC :. Vir1 982:50 ' KM. Desigfirir ';'..stada CN .,kdon: 573.00 ' Total , -„, #54o Total Labor Total Expenses Total -4III,100.14g)I,Mii*Nf*I-I-Wg, Labor/Exp Total w/ Markup Total Taylor/TEC Total Maglia Shan. & Wil. Total Total ,woiva-ckzil-mirk-a-vi GHD Paragon Total Lin & Assoc, Total 44-7.t.m.A.24---4,ww Case. !Mena. Total ...,„ ..„ Subconsultant Markup xg,..2,01F.0 Grand Total Rate 9134 .00 4 5 Existing Conditions s Plan (1 sht) Demolition, TESC & tree protection Plan (1 sht) 1 2 6 7 8 476.00 574.00 476,00 574.00 476.00 1,026.80 3,798.00 0.00 0.00 4,528.00 45280 476.00 5754 80 6 730.00 6 7 Site Layout Plan (1 sht) MBIIIIIIIIE IIIIIIIIIIIIIIIIIEMIIIIIIIIIMIIII 2 11 3 2 1 11111 11111.1111111= Miliffillill7 IIIII .111131111111B E 4 8 8 8 111 E 2 27 8 12 8 4 0 14 15 2: 5621 00 00 2 2,5 72700 66850 1042.00 735.50 287.00 1,042.00 295.00 23200 0.00 1,08800 755.00 1,37900 1,312.00 Mil MIMI 2,360.00 2,360.00 2,599.00 75200 66850 1A4200 73550 313.00 1,04200 250 00 250.00 130.00 0.00 000 38.00 2 , 360.00 2.979.00 Grading Plan (7987) 2,561,00 727.00 668.50 1042.00 735.50 287.00 1,042.00 29500 232.00 380.00 250A0 25.00 1,002 00 9 10 Irrigation Plan (zone diagram only) (1 sht) Planting Plan (1 sht) 260A0 0.00 0.00 000 0.00 668 AO 1,04200 11 12 Plant 157(1857) S,te 0808058 (up 102, 7 2858818) Ose proferrod 811 5000075 000 0.00 260.00 26 00 000 0.00 735.50 573 00 1A42.00 14 15 Dro:ooge end 1.361000 PIen Ole 7850 Report- Teohnioel In18rrnonon Repolt 376 25 571A0 812.50 3,395.00 812 50 8125 3,39000 339.50 1,18875 3,966.50 16 Hydraulic/Hydrology Plan 0.00 1,09800 755 AO 1,37900 1,312.00 0.00 1.140A0 11111EMC01 1,379.00 1,312.00 0.00 0.00 0.00 17 Prepore 1805 rneroo )op 183 p0586) 52000 62000 52 00 1,86000 18 Identify Products and Materials 0 AO 000 755.00 19 20 Cost estimate (team input) Prepare Illustrative graphics (1 plan, 1 other) for public 0.00 0.00 000 0.00 1,379.00 1.31200 21 Paving Plan 1 7 6 582.00 590.00 111046601.110PU40 1 590.00 590A0 895.00 895.00 89.50 0.00 0.00 1,56650 590.00 22 Revise tech memo 2 Totel 38 32 0 , 96 .:1 ,665.00 . 500.00 -- 1805500' ...'. 19,296.26. , "...1.i,",- 0,08- --, ,-3,796.00, i, 6,332.88 . - 000- - 1,182,25 -ii = 0,00 , - 11,312.75 - 1,131.28 30,609.03 7 1 Permit Support SEPA Checklist-draft,final r ,,:triii:t:it's..t::?;,16.1,:d.:;,-,-;,,,,,47.7p.A.:,;.7/w.,-IT7,7.--.:'--:;;:77:ErT,-rlt.,T2;3,ff7r:,5:Fp..;:i:z.4.175;:-:4::::,:17;af....r --,-.- --:".•7:f.,,47,,,A1"---- F;:.:Z7,:p-,sA.Y="7.j.f.,:nl,fp....,:ft?:::,:ilteet,'«-.,,', Mil 1 2 1 1 330.00 536.00 500.00 830.00 536.00 845.00 15000 606.00 700.00 ,....:1:5-5,:-,,frjAAF.7.A;F:::!:..,7::;::::,:::',.;;;:-:,',1';:p 150 00 15.00 700.00 7000 995.00 1.30600 3 4 Separate JARPA application for m water testing/letter of perm: Shoreline exemption for coring and drilling (City) 1 3 1 295.00 98.00 29500 98.00 523.00 2,280.00 98.00 2,280.00 228.00 0.00 0.00 2,803A0 98.00 6 Coordination with Tribe 2 1 2 3 4 36600 464.00 366.00 464.00 1,376.25 10,000.00 500A0 360.00 102.50 10,102.50 1,010.25 360.00 36 AO 11,478.75 860.00 2 7 JARPA Graphics -up 00 70, draft/final 8 18 11111=111 111111 90 6 6 II 7,336.00 7,336,00 7,344.00 80 00 80.00 8.00 7,424.00 8 HPA / JARPA submittal (WDEVV) 2 2 4 4 1 1 660.00 66000 232.00 928.00 464.00 98.00 967 00 660.00 660.00 1A35.00 3,750.00 730.00 700.00 3,75000 37500 700.00 70.00 4,785.00 1,430.00 10 DOE water quality certification NPDES permit 1 2 232.00 928.00 28200 500A0 1,048.00 1,200.00 500.00 50.00 1,20000 120.00 782.00 2,248.00 12 Post-application meeting & permit monitoring 464A0 98.00 967.00 626,00 98 00 967.00 1,620A0 1,620.00 16200 2,246 00 13 Light Rail Easement 0.00 0.00 000 0.00 98 A0 967,00 15 55170P 000rdirr0500 1 9800 98.00 24800 1,50000 1,500.00 15000 1,748.00 Totel 30 tii,*,R.::VySiaieRiiRr.VRWV:r3ifMtV2ZMr,F,2137RiMrgiiT.iV5ilir.ZRU:Wq'g:i..'.f-F-'2i,E[Z,T3R?3.NS-M,ri5iiiriinia.lg,EXWtigK.ni2Mi39.AtiiKf.QY.R.,VM,fga13i2q,R-n.ief.:r?„qgi44.2.,Aet,„M'irptNiti3 2 2 lo 2 10 148 2 16 i.,- 73.532,043 12600 1,25500 '. - 500.00 14,532,00 1,500.00 1,626.00 1,259.00 --, 6, 26 5- - 21,345.80 1,82600 1,259.00 , _ - 0.00 - - 1,850,00 . 0.00 f - f 102.50 - 0.00 - 22,942.50 = 2,29425 0.00 000 0.00 0.00 '39,268,75 1,62600 1,259.00 1 2 Cover Sheet (all sheets 22x34, 20 scale) Existing Conditions Plan (1651) 3 4 Demolition, TESC 6000 protection Plan (1 sht) Site Layout Plan (1 sht) 2 8 3 8 2 2 11 13 18 31 1,420.00 2,840.00 1,42000 2,840.00 1,420.00 2,840.00 0.00 000 0 00 0 00 1.42000 2,840 00 5 6 Grading Plan (1 sht) Irrigation Plan (1 sht) 8 2 2 2 11 11 E 29 24 24 16 32 14 2,738.00 1,94600 2,049.50 = 2,738.00 1,946.00 2,049.50 2,738.00 1,946.00 2,04950 IIIIIII 755200 73000 0.00 0.00 0 A0 0A0 000 CIAO 2,738.00 1,946.00 7 Planting Plan (1 sht) 2 9 4 13 9 14 8 2,04950 8 Plant lot (1551) 1,35750 2,815.50 1,164.00 le 1,357.50 2,815.50 1,164.00 1,357.50 2,815.50 1,432.20 0,00 0.00 1,357 50 9 10 Custom details: Sections (up to 3, 2 shk) Details: On-site TESC (1987) 0.00 000 2,682.00 268.20 2.815.50 4,11420 11 Details: Hardscape/Decking/ Site Elements (1 sht) 7 4 MEI 10 36 15 1,156.00 3,034.50 1,156.00 3,786.40 1,15600 7,519 AO 7,519.00 751A0 11,305.40 12 Details: Furniture (1 sht) 000 0,00 1,15600 Ouwarrlish 0214005 72kwila_2011.47.18.06ion 1002011 fee Pmposai Ctty of Tukwila Public Works J.A. BRENNAN ASSOCIATES, PLLC DUWAMISH GARDENS DESIGN December 6, 2011 WORK DESCRIPTION ITEM Rate 13 14 15 16 17 18 19 20 21 9 2 3 4 5 Details: irrigation (1 sht) Details: Plants/habitat (1 sht) Grading cut and fill calculations Drainage Report Cost Estimate Specifications (CSI) Up to 3 client review meetings Details: Paving Survey control plan Total' nt Site interpretive Plan B 00 4 Pi Total Total Total 57 Labor E Total Total Total Total Total To Total Labor/ Markup TaylorREC Shan. 8 Wl GHD Paragon Lin & Assoc Total Cesc. Interp Total Subconsultanl arkup Grand Total 2 4 625.00 1,266.00 892.00 625.00 266.00 625.00 1,266.00 1,026.80 848.00 500.00 0.00 0.00 1,348.00 500.00 0.00 0.00 134.80 50.00 2.482.00 2,482.00 665.00 665.00 66.50 5.954.30 20 8,143.00 3,66220 730.00 2,01425 814.30 366.20 73.00 201.43 2,726.33 625.00 1,266.00 2,374.80 782.00 3,213.50 14,097.30 6,360 20 1,581.00 2,215 68 7,142. 332.00 Interpretive Theme Development Draft interpretive panels - 2 signs 50% interpretive panels - 2 signs 00% interpretive panels - 2 sign 562 00 428.00 428 00 428.00 586.00 602.00 627.00 240.00 240 00 740.00 990.00 240.00 240.00 1,74200 1,990.00 1,810.00 6,920,00 !: 24.00 24.00 174.00 199.00 181.00 826.00 2,342.00 2,617.00 2,419.00 10 Bid Support 1 Answer contractor's questions during bidding 2 Pre -bid meeting 3 Up to 3 addenda 4 Review bid results Total Total .00:11.111ffignir 1,016.00 232.00 2,470.00: 50 408 07 79 42 1,207 25.00 1,564.60 3,065.00 696.00 1,016.00 232.00 2,485.00 1,053.50 232.00 2,593.95 00 4,529.50 132,863,03 41, 0.00 625.00 0, 00' 284.50; 992.50 23,402.00 f 20,082.7 80.0 0.00 989.90 0.00 232.00 .4 0,100.00 1l 18,333,5 316,060.28 Duwami4, Gs,Ce„s Tukw.,1011 -07- 19.001on A 12.2011 Fee Peopeml City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM To: Mayor Haggerton Community Affairs and Parks Committee From: Jack Pace, Community Development Director Date: November 21, 2011 Subject: Interlocal Agreement with the City of Renton regarding permitting for the Tukwila Sounder Commuter Rail Station ISSUE Should the City of Tukwila enter into an interlocal agreement with the City of Renton to assume permitting authority for that portion of the Tukwila Sounder Commuter Rail Station within the City of Renton city limits? BACKGROUND The current Sounder Station was approved by the City of Tukwila as a temporary facility pending negotiations with Union Pacific (UP) Railroad. The goal of the negotiations were to consolidate the UP tracks with the Burlington Northern Santa Fe tracks, thereby reducing the cost of either bridging or tunneling under the two railroads for the Strander Boulevard Extension project and creating a more viable and appealing redevelopment area for economic development. Negotiations with the railroad concluded unsuccessfully in 2010 and Sound Transit is moving forward with plans for permanent improvements for the rail platforms, customer shelters and the parking lot. DISCUSSION Tukwila and Renton's common city boundary is the east property line of the Burlington Northern Santa Fe railroad right of way. The proposed platform improvements will extend into the City of Renton. See Exhibit C of the Attachment. The City of Renton City Council and Mayor have reviewed and approved the interlocal giving the City of Tukwila the authority to include the area within Renton within the scope of Tukwila's land use approvals and building permits that are associated with the permanent improvements to the Tukwila commuter rail stop. RECOMMENDATION The Council is being asked to consider this item at the January 9, 2012 Committee of the Whole meeting and January 17, 2012 Regular Meeting. ATTACHMENTS Interlocal Agreement with the City of Renton, including attachments 55 56 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF RENTON RELATING TO THE PROCESSING OF BUILDING PERMITS AND LAND USE APPLICATIONS FOR THE TUKWILA SOUNDER STATION THIS INTERLOCAL AGREEMENT "the Agreement is entered into by and between the CITY OF TUKWILA, a State of Washington municipal corporation (hereinafter referred to as "Tukwila and the CITY OF RENTON, a State of Washington municipal corporation (hereinafter referred to as "Renton and in conformity with Chapter 39.34 RCW. RECITALS WHEREAS, Sound Transit Plans recommend a permanent commuter rail station in Tukwila on property acquired by Sound Transit that is addressed in Tukwila as 7301 Longacres Way with a legal description attached as Exhibit A and is incorporated herein by reference "Tukwila Sounder Station and WHEREAS, the temporary and permanent use of additional land within the City of Renton is needed for the construction and access to the east platform of the Tukwila Sounder Station; and WHEREAS, the majority of the planned permanent station area of the Tukwila Sounder Station is in the City of Tukwila, however, a portion of the improvements, such as part of a platform, and pedestrian and emergency access, will be within the jurisdictional limits of the City of Renton. The municipal boundary line relative to the temporary and permanent Tukwila Sounder Station improvements is illustrated in Exhibits B C attached and incorporated herein by reference; and WHEREAS, Tukwila and Renton agree that having Tukwila process all Tukwila Sounder Station building related and environmental permits and land use applications on behalf of Renton will provide greater consistency for the Sound Transit project and cost efficiencies for both parties; and WHEREAS, it is the parties intent by virtue of this Agreement that any and all discretionary decisions related to the Tukwila Sounder Station shall be made by Tukwila; and 39.34; WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW NOW THEREFORE, in consideration of the following recitals and the mutual promises and covenants contained herein, it is agreed as follows: Page 1 57 AGREEMENT 1. Purpose of Interlocal Agreement. The purpose of this Agreement is to provide a single, efficient land use, environmental, and building permit review and decision making process using one set of development regulations in order to avoid the inherent uncertainty of two separate review processes and concomitant waste of public and private resources that would serve only to increase costs for both cities, the applicant, and the general public. This Agreement is meant to assure the applicant that upon government approval of the Tukwila Sounder Station project as provided for in this Agreement, the applicant may proceed with development of the project in reliance upon that approval. 2. Review and Decision Making Process for Building Permits. Environmental Permits, and Land Use Applications and Approvals Needed for the Sound Transit Platform Proiect. 2.1 Tukwila shall be solely responsible for receiving and processing any and all building related permits, environmental permits or applications, and land use applications for the Tukwila Sounder Station pursuant to the Tukwila Municipal Code "TMC 2.2 For applications that require public notice, Tukwila must include Renton on the list of agencies who will.receive notice. Response to the notice will be required for Renton to be a party of record. 2.3 For the purposes of this Agreement, building related permits include, but are not limited to building permits, electrical, plumbing and mechanical permits, fire system/fire sprinkler permits, and clearing and grading permits. 2.4 Tukwila's processing and review of building related permits, environmental permits, and land use applications shall include but not be limited to rendering decisions to approve, condition, or deny such applications; conducting inspections; issuing correction notices, permit extensions and completion of extensions; approve final construction, and evaluating compliance with approved conditions. 2.5 Appeals of any decisions by Tukwila shall be processed by Tukwila pursuant to applicable Tukwila Municipal Code provisions. 3. Duration and Termination. The initial term of this Agreement shall begin upon written execution by both parties and will continue in effect so long as neither party terminates. Either party may terminate this Agreement by providing written notice of such intent to terminate at least ninety (90) days prior to the termination date. Tukwila shall provide Renton with a copy of files and records of all land use, environmental, and building permit applications processed under this Agreement upon termination of this Agreement. Tukwila shall further be available to Renton to provide any further information or assistance regarding project should the parties opt to terminate the Agreement. Page 2 MQ 4. Indemnification. 4.1. Tukwila shall indemnify and hold harmless Renton and its officers, agents, employees, and elected officials or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of any act or omission of Tukwila, its officers, agents, employees and elected officials, or any of them relating to or arising out of the performance of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against Renton, Tukwila shall defend the same at its sole cost and expense, provided that Tukwila retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly against Renton and Tukwila and their respective officers, agents, employees and elected officials, or any of them, Tukwila shall satisfy the same. 4.2. Renton shall indemnify and hold harmless Tukwila and its officers, agents, employees and elected officials, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Renton, its officers, agents, employees and elected officials, or any of them, relating to or arising out of the performance of this interlocal agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against Tukwila, Renton shall defend the same at its sole cost and expense; provided that Tukwila retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly against Tukwila and Renton and their respective officers, agents, employees and elected officials, or any of them, Renton shall satisfy the same. 5. Dispute Resolution. It is the parties' intent to resolve any disputes relating to the interpretation or application of this Agreement informally through discussions at the staff level with the respective departments' Directors and Administrators. In the event disputes cannot be resolved informally at the staff level, resolution shall be sought by each city's City Administrator within thirty (30) days, and if unsuccessful, then the parties agree to submit the dispute to non- binding mediation/dispute resolution. The mediation/dispute resolution process shall be determined via mutual agreement of the parties and the selection of a Mediator must be jointly agreed upon by the parties. Venue for any action relating to the interpretation or enforcement of this Agreement shall be solely in King County Superior Court. 6. Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of Tukwila an employee of Renton, and vice versa, for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded to either party's employee by virtue of their employment. At all times pertinent hereto, employees of Tukwila are acting as Tukwila employees and employees of Renton are acting as Renton employees. Page 3 59 7. Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof, and .such other provisions shall remain in full force and effect. 8. Assignability. The rights, duties and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 9. No Third -Partv Rights. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third -party beneficiary or otherwise) on account of any nonperformance hereunder. 10. Entire Proposal. This proposal constitutes the entire proposal between the parties hereto and no other proposals, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the proposal. Proposed changes that are mutually agreed upon shall be incorporated by written amendment hereto. 11. Filing With Auditor. This Agreement shall be filed with the King County Auditor pursuant to RCW 39.34.040. CITY OF TUKWILA CITY OF RENTON By: By: Jim Haggerton, Mayor Denis Law, Mayor Attest: Attest: Christy O'Flaherty, CMC Bonnie I. Walton City Clerk City Clerk Exhibit A Legal Description of Sound Transit property in Tukwila Exhibit B Overall site plan of existing station improvements Exhibit C Enlarged view of boundary /improvement jurisdictional split Page 4 .1 Exhibit A 0 0A,0 77,'91/si� EXHIBIT A THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS: PARCEL A (LOT 2) THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF- WAY EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SOUTH 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHW ENGINEERING STATION 2M 149 +25.97 POINT OF TANGENCY "Y" 0 +00; THENCE NORTH 87 0 07 1 32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND.POWER LIGHT RIGHT -OF -WAY; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y THENCE NORTH 87 0 08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 0 08'04" EAST 124.74 FEET TO WESTERLY MARGIN OF UNION.PACIFIC RAILROAD RIGHT -OF -WAY; THENCE NORTH 03 0 40'04" EAST ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81 -36 SPE RECORDING NO. 8111090569; THENCE SOUTH 87 0 13'29" WEST 127.45 FEET; THENCE SOUTH 02 EAST TO THE POINT OF BEGINNING. PARCEL B (LOT 3) ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATE IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.K., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; (CONTINUED) SPECIAL ENDORSEMENT 61 DESCRIPTION CONT. POLICY NO. 377122 -5Y ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM; ON THE -NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE P.IGHT -OF -WAY AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF- WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. PARCEL C AN EASEMENT FOR ACCESS AND ROADWAYS AS DISCLOSED BY AND DESCRIBED IN KING COUNTY RECORDING NO. 9811051960. PARCEL D RECIPROCAL EASEMENTS AS DISCLOSED BY AND DESCRIBED IN KING COUNTY RECORDING NOS. 9811051961 AND 9811051962. PARCEL E THOSE EASEMENTS FOR ACCESS AND STORM DRAINLINES AS DISCLOSED BY AND DESCRIBED IN KING COUNTY RECORDING NO. 9305182053. SPECIAL ENDORSEMENT fad d��� 62 CON I:ICTI' A3T 1�J / RALUgR �. al .1 ;ioiV' - 0 i10_D .NU �x12i42 PL01I2002 Ld. ppU5 —,_1. I 304. j 'i ITT-T.TK WI,Fi .1 ON_T T12A25..(.MIZ) 11)22 OF PINTO, 14!VE S 314 \1 :0Ivi3;2 i_I.I T':•: 111.3 3''l2 CT12) EASEVENT - F Fl ,I S /LA I111AI '31 1 :" M2 11 FOR sFcoNr 4 FiR2 CONNECTION P0,0A31.31 222C2< 0,20,1.:31 - 04E 0001.02 4022 01TH 2002L1K linuRr STR,NDI R 440300 A • �_ .•, Fig ;, SOUNDTRANSR ; 622- " SOUND TRANSIT TUKWILA COMMUTER RAIL STATION PRELIMINARY PROPERTY REFERENCE MAP SEPTEMBER 19, 2011 1211 ,i1I ,21A'f11142,l AREA LEGEND APPROX. AREA OF WORK WITHIN CITY OF RENTON (f 277,750 02) PROPOSED RIGHT OF WAY ACQUISITION WITHIN CITY 04 RENTON (0 51,720 SF) NATURE OF IMPROVEMENTS 017014 CITY OF RENTS WITHIN BNSF ROW • PLATFORM CONSTRUCTION AND EMBANKMENT WIDENING • EMBANKMENT GRADING AND LANDSCAPE • RAH OPTIC RELOCATION • 02054 DRAINAGE INFRASTRUCTURE • WATER AND ELEC. TO PLATFORMS OUTS1DE BNSF ROW • PRIMARY EAST PLATFORM MAINTENANCE AND FIRE 002E00 ROAD WITH SIDEWALK • STORM DRAINAGE INFRASTRUCTURE • SECONDARY FIRE ACCESS ROAD 0040207104 TO NACRES AVE. 440402IATIONS TORS TUKWILA COMMUTER RAIL STATION MST BURLINGTON NORTHER SANTA EE UPRR UNION PACIFIC RAIL ROAD SRN SEATTLE PUBLIC UTILITIES 6) 504 PROPOSED PLATFORM5 ENIST060 PTATFOR90 C WEST 0005 116957)901) �= PE EAST 3N5F TRACK (972) 8856 ROW 7_Ir 71 1111 "fir T CITY ORPENTON h APPROXIMATE EMBANKMEN1 090 1.:910 - PROPOSED ST P98991E61 EASEMENT PROPOSED StoCTION EASEMENT .. IP459911ARY AREAS (SF) II 1 IF" FEE A<0 0. 06 (-- 38,000 PO LL ST PERMANENT EASEMENT (- 40.000 SF) CONSTRUCTION EASEMENT (P19,000 SF) PROPOSED ONES RN 1 090AGRES P r- r SOUNDTRANSR C<x,s61ring €ng,heers 1601 Fifth Avenue, Suite 1600 Seattle, W6sh8gt96 98101.-3665 (2066) 622 -5822 Fox (206) 622 -8130 SOUND TRANSIT TUKWILA COMMUTER RAIL STATION PRELIMINARY PROPERTY REFERENCE MAP JULY 13, 2011 50 25 0 50 100 SCALE IN FEET m 3 0 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee Members FROM: Jack Pace, Director, Community Development Department DATE: November 9, 2011 SUBJECT: Urban Forestry Grant Application Information Only Memo ISSUE As part of the City's update of the Comprehensive Plan, we will be adding a section addressing urban forestry. Urban forestry is the careful care and management of urban forests, i.e., tree populations in urban settings for the purpose of improving the urban environment. Prior to developing policies and regulations on urban forestry, a survey needs to be conducted on how much tree canopy exists in the City. BACKGROUND The City has applied for $10,000 grant funding from the Washington State Department of Natural Resources to conduct a tree canopy survey of the City. If the funds are awarded to the City, they will be used to hire a consulting firm, which will develop a baseline "geo- spatial tree canopy assessment" i.e. an urban canopy survey, using existing aerial photographs and GIS data (combination of City "leaf -on" photographs, GIS mapping, and other publicly available data). The survey will be organized by land use areas (Urban Center, residential, parks and public lands, commercial, industrial). The areas to be included in the assessment will be prioritized in the event that the funding is not sufficient to include the entire City. DISCUSSION The urban tree canopy assessment will be the first step in development of an urban forestry plan for Tukwila and will be used to: 1) educate elected officials, members of a newly formed urban forestry advisory committee, City staff, and both the residential and business communities about the City's current canopy cover and the importance of maintaining trees; 2) help Tukwila set goals for desired canopy coverage in the different areas of the City as part of the Comprehensive Plan update; 3) assist in identifying gaps in existing regulations and programs that need to be addressed to meet the desired goals; 4) inform the development of policies and plans (such as urban forestry plans for public lands and street tree plans); and 5) provide a basis for comparison to future canopy surveys to assess the effectiveness of policies and regulations. CPL W:\ \Long Range Projects \Urban Forestry\Grant Application \CAP Info Memo 11/08/20114:53:22 PM 65 INFORMATIONAL MEMO Page 2 November 9, 2011 All of these tasks are work program items in either the 2012 or will carry over to the 2013 -2014 work program. The grant does not require a cash match from the City, however, DNR does consider City staff time dedicated to carrying out the grant when reviewing the grant. The City will be spending a little over $10,000 of staff time to implement the grant if it is awarded to Tukwila. RECOMMENDATION This memo is being provided for the Committee's information. If the City receives the grant, further information will be provided to the Committee as the tree survey work proceeds. ATTACHMENTS Grant Application Cover Letter CPL W:\ \Long Range Projects \Urban Forestry\Grant Application \CAP Info Memo 11/08/20114:53:22 PM i• WASHINGTON STATE DEPARTMENT OF Natural Resources Peter Goldmark -Commissioner of Public Lands 2012 Community Forestry Assistance Grant Proposal APPLICATION FORM Project name (five words or less) Tukwila Urban Forest Canor)v Assessment Location (City) City of Tukwila Tree City USA Y�Y N Name of Applicant (Organization) Citv of Tukwila. Dept. of Communitv Development Daytime Phone 206 431 -3670 Applicant's Federal I.D. Number 91- 6001519 Address of Applicant 6300 Southcenter Blvd. Suite 100. City Tukwila State WA Zip 98166 Contact Person Carol Lumb Daytime Phone 206 431 -3661 (if different from above) Fax 206 431 -3665 E -mail Address Carol.lumbe- tukwilawa.aov Brief Description of Project and Objective: Conduct an assessment of the tree canopy in Tukwila to provide a baseline to shape new urban forestry policies and plans, revise tree and landscape regulations and help implement stormwater management regulations. Is this project currently funded through another entity? Yes M No Was this project previously funded through another entity? Yes �f DNR funds requested Applicant share provided In -kind share Cash donations Total amount of project from budget work sheet 10.000.00 from budget work sheet from budget work sheet 10.139.00 from budget work sheet from budget work sheet 20,139.00 By signing this grant proposal application form the undersigned agrees that all information is accurate to the best of their knowledge. Jim Haqqerton, Mayor 11/2/2011 Name a nd Title of Authorized Representative Date S ure of ed Representative Date M 2012 Community Forestry Assistance Grant Proposal City of Tukwila Application BUDGET WORKSHEET Applicant Citv of Tukwila. Department of Communitv Development Project Name Tukwila Urban Forest Canopv Survev ITEM Consultant for Urban Canopy Assessment City project management, GIS staff time TOTAL Grant Share $10,000 $10,000.00 1$ CL 3of3 W:11Long Range Projects\Urban Forestry12012 Urban Forestry Grant Form.docx Applicant I In -Kind $10,139.00 TOTAL $10,000.00 $10,139.00 I 1$10,139.00 1$20,139.00 11/01/20112:28 PM City of Tukwila, Proposal for a Baseline Tree Canopy Assessment A. Applicant Information 1. Project name and location: Tukwila Baseline Tree Canopy Assessment City of Tukwila Department of Community Development 6200 Southcenter Blvd., Suite 100 Tukwila, WA 98188 2. Primary contact for the project: Carol Lumb, Senior Planner City of Tukwila Department of Community Development 6300 Southcenter Blvd., Suite 100, Tukwila, WA 98188 Telephone: 206 431 -3670, Fax: 206 -431 -3665 Phone: 206 431 -3661, Fax: 206 431 -3665 Federal tax ID number: 91- 6001519 E -mail: Carol.Lumb @Tukwilawa.gov 3. Proiect Summary and Obiective. The objective of the project is to develop a baseline geo- spatial tree canopy assessment using existing aerial photographs and GIS data (combination of City "leaf -on" photographs, GIS mapping, and other publicly available data). The assessment will assist the City in developing goals and policies for a new urban forestry section to be added to the Comprehensive Plan and in updating the City's Tree Ordinance, Landscape Code, and Street Tree code and allow for the creation of a street tree plan and an urban forestry plan for publicly -owned lands. 4. Budget Summary The proposed budget for the project is for $10,000.00 to hire a consultant to conduct the study, supported by an estimated $10,139.00 of staff time as in -kind City contribution. Staff time will include project management (including RFQ preparation, consultant selection, consultant supervision, review of reports), GIS staff support, and technical support. B. Project Description 1. Obiectives The project will provide Tukwila with a baseline tree canopy assessment of the city, organized by land use areas (Urban Center, residential, parks and public lands, commercial, industrial). The areas to be included in the assessment will be prioritized in the event that the funding is not sufficient to include the entire City. The assessment will be the first step in development of an urban forestry plan for Tukwila and will be used to: 1) educate elected officials, members of a newly formed urban forestry advisory committee, City staff, and both the residential and business communities about the City's current canopy cover and the importance of maintaining trees; 2) help Tukwila set goals for desired canopy coverage in the different areas of the City as part of the Comprehensive Plan update; 3) assist in identifying gaps in existing regulations and programs that need to be W: /Long Range Projects /Urban Forestry /DNR Grant Appl. 11/01/2011 M addressed to meet the desired goals; 4) inform the development of policies and plans (such as urban forestry plans for public lands and street tree plans); and 5) provide a basis for comparison to future canopy surveys to assess the effectiveness of policies and regulations. 2. Proiect Activities The City will hire a qualified consultant through a process that complies with State Law and City policies to carry out the canopy assessment using GIS and remote sensing software to quantify the extent of tree canopy and land cover information. The City will provide existing GIS and aerial photography data (leaf -on aerial photos flown in 2009) and it is expected that the consultant will also use other publicly available data and imagery. The City will provide in- kind staff support for the project for project management, and GIS support. The study will: a. Acquire current aerial photo data set of the appropriate resolution or use the City's existing available imagery; b. Provide city -wide land cover class data; c. Establish an overall baseline percentage of city -wide tree canopy, d. Analyze tree canopy according to land use categories (prioritized in the event there is insufficient funding for all categories); e. Analyze tree canopy according to public (parks and right -of -way) property, private property, and other institutional (agency, school and campus) properties; f. Evaluate accuracy and carry out spot checks during data collection to ensure data collected will be usable and accurate g. Ensure the City can replicate the analysis with past or future aerial photo data sets for comparable analysis of tree canopy; h. Provide geospatial analysis data and a written analysis and synthesis of the study results with maps, i. Facilitate a workshop with the Urban Forestry Policy Committee, City staff and City elected officials to explain the study process and results; j. Optionally, provide an analysis of Tukwila's "possible urban tree canopy" using methodology developed by the U.S. Forest Service Northern Research, to identify areas where tree planting is possible from a biological perspective (depending on cost and funds available); k. Optionally, evaluate the composition, condition, and diversity of the size, type, and distribution of the existing tree canopy (depending on cost and funds available); I. Optionally, provide an analysis of the ecosystem services and values of the existing canopy (depending on cost and funds available); m. Optionally, conduct analysis and comparison of 2010 analysis with same or limited analysis of tree canopy from 1995, 2000 or 2005 (depending on imagery available and funds available); W: /Long Range Projects /Urban Forestry/DNR Grant Appl. 11/01/2011 70 3. Deliverables The consultant will provide a draft and final report that includes: a description of the methods used in the study, GIS layers, maps and graphics for displaying results, and a discussion of the results and analyses carried out (including a description of the limitations of the data and any models used for analysis). The consultant will also prepare a Powerpoint slide presentation of the results of the canopy assessment to be used for the workshop. 4. Schedule The anticipated schedule for the project is shown in the following table: Issue Request for Qualifications I April 2012 Consultant selection process April 2012 Issue Contract and Notice to Proceed May 2012 (after grant approval) Conduct study and prepare draft report June —August 2012 Final deliverable September 2012 5. Budget for Citv Contribution Deputy Director 20 $1,447.00 Urban Environmentalist 60 $3,540.00 Senior Planner 40 $2,552.00 GIS Staff 50 $2,600.00 flTLaffllatchp_ 0" Dp C. City's Commitment to Urban Forestry 1. Work Plan, Council Support In 2010 the City Council approved the Department of Community Development's 2012 work plan and budget to begin working on revisions to its tree ordinance. It also approved staff work on revisions to the City's Comprehensive Plan, beginning in 2011. Prior to revising the tree ordinance, the City has decided to take a broader approach to managing trees and plans to develop an urban forestry plan. We see the revisions to the Comprehensive Plan as an opportunity to create a new urban forestry component that establishes goals and policies for urban forestry. We will recruit and establish an Urban Forestry Advisory Committee in 2012, made up of citizens and representatives of the Planning Commission; Parks Board; local businesses; urban forestry professionals, such as arborists and /or landscape architects; and environmental interest groups. The tree canopy assessment will serve as a springboard to start the committee's work, initially on the overall urban forestry goals and policies for the Comp Plan and then to advise the City on: W: /Long Range Projects /Urban Forestry/DNR Grant Appl. 11/01/2011 71 a. Revisions to the Tree Clearing Ordinance to make rules clear, improve effectiveness, and implement the new policies of the Comp Plan (early 2013). b. Update of the Landscape Code to implement the new policies of the Comprehensive Plan to improve canopy cover in commercial and industrial areas as well as improving long term maintenance of trees in these areas (late 2013). The City will likely seek grant funding to hire a consultant or hire a landscape architecture intern to prepare an evaluation of best practices, suitable trees for parking lots, incorporation of stormwater management into tree planting requirements, and other technical assistance. c. In coordination with Public Works, update of street tree codes and development of a street tree plan to implement the new policies (early 2014). d. In coordination with Public Works, provision of data to assist that Department with its work on implementing the new National Pollution Discharge Elimination System permit and any new or revised regulations to implement this permit. e. In coordination with Parks and Recreation and Public Works, development of an Urban Forestry plan for increasing tree canopy and improving forest health on publicly -owned properties (parks, rights -of -way, shoreline easements). The plan would identify maintenance and restoration needs for existing urban forests and mechanisms for increasing canopy coverage and ensuring ongoing stewardship of the urban forests (2014). Interwoven through all of the components of the Urban Forestry Plan, the City will conduct public outreach and education about the value of trees, regulations regarding trees and tree care through news articles, newsletters, open houses, workshops and mailed literature. 2. Prior Successful Urban Forestry Proiects Tukwila has been a Tree City USA member since 2001 and has held tree planting events with volunteers every year to celebrate Arbor Day. In addition, in May, 2002, Tukwila was the first city in the state of Washington to be designated a Backyard Wildlife Sanctuary by the National Wildlife Federation. The City holds an annual festival to celebrate backyard wildlife, provide educational forums and displays to educate citizens on the importance of wildlife and how to attract and provide sanctuary for them. Trees are an important element in this effort. Tukwila has carried out several urban forest restoration projects on public lands and easements in the City, involving volunteer efforts and collaboration with other organizations and businesses to remove invasive plants and restore forested areas through planting of native trees, shrubs, and herbaceous plants. These project examples are cited below. Tukwila Pond Wetland Buffer Enhancement Project. The City received a grant from King County to enhance a buffer adjacent to a restored wetland in the urban center. The grant funded materials (plants, fencing, interpretive signage, temporary irrigation) and all labor was provided through volunteers and staff time (Public Works, Parks and Recreation, Community Development). Blackberries were removed, and /or sheet mulched from an approximately 75,000 square foot area, and native plants were installed and mulched with arborist chips. Logs were also added to provide wildlife habitat features. Work began in W: /Long Range Projects /Urban Forestry/DNR Grant Appl. 11/01/2011 72 the fall of 2008 and planting was completed in the fall of 2009. The project has been very successful over 90% of the plants have not only survived but are thriving. Maintenance is ongoing to keep blackberries from returning. Duwamish Hill Preserve. The City acquired this 8.6 acre parcel in 2004 to preserve its unique ecosystem and its Native American cultural significance. Since then, the City has been collaborating with the Cascade Land Conservancy and numerous community volunteer stewardship groups to restore and maintain the forest and rocky bald habitats on the property. Work is ongoing to eliminate invasive vegetation and install native trees, shrubs and herbaceous plants. Green River Shoreline Re- vegetation Project. The City has been collaborating since early 2010 with the Boeing Employees Credit Union (BECU) to control invasive plants and to plant native trees and shrubs along the BECU shoreline frontage of the Green River. The effort is ongoing, with BECU providing the volunteer labor and the City providing native plants, logistical support and technical assistance. To date, about 500 linear feet of shoreline (about 10,000 sq. ft.) have been restored and maintained. Further efforts are planned to reforest more of the BECU shoreline, as well as other areas along the Green and Duwamish shoreline, where forest canopy is lacking and understory vegetation is largely invasive plants (blackberry, knotweed, bamboo, clematis, ivy). The Green /Duwamish River is a state -wide resource that meanders through13 miles of the City and will greatly benefit from urban forestry restoration efforts. Cottage Creek Stream Buffer Restoration. The City has a project underway to restore riparian vegetation along a segment of this stream near City Hall. With a grant from King County in 2010 we held a stewardship class for homeowners and purchased materials and plants for the riparian buffer restoration. With the help of community volunteers, we have been removing ivy and other invasive plants and planting native trees, shrubs, and herbaceous plants in the stream buffer. Work will be completed in the spring of 2012. The goal is to not only improve riparian habitat, but to provide a model for property owners about how to care for streams and riparian zones and the importance of trees for shading, providing nutrients, and providing habitat. 6. Conclusion The Urban Forestry Canopy Assessment grant will provide the base line to assist the City's efforts to establish strong urban forestry policies and improve the implementing regulations over the long term. The project is timely given that the City is about to begin its update of the Comprehensive Plan, and intends to include a new urban forestry element. The Canopy Assessment is a critical component for setting goals and policies for urban forestry. In addition to informing the Comprehensive Plan, the canopy assessment will have long range benefits to help the City improve its urban forest through regulations, better management and reforestation projects. The City believes that the members of the Urban Forestry Advisory Committee, through their participation in the development of policies and regulations, will also serve as catalysts to help increase awareness of the importance of trees throughout the broader community. W: /Long Range Projects /Urban Forestry /DNR Grant Appl. 11/01/2011 73 74 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor November 2, 2011 Ms. Nicki Eisfeldt Washington State Department of Natural Resources Urban Forestry Program 1111 Washington St. S.E. MS 47037 Olympia, WA 98504 -7037 RE: Application for Communitv Forestry Assistance Grant Dear Ms. Eisfeldt: The City of Tukwila is pleased to submit the attached Grant Application and Proposal for a 2012 Community Forestry Assistance Grant to carry out a Canopy Cover Assessment. Tukwila is in the process of updating its Comprehensive Plan to incorporate a new Urban Forestry Element, which will establish goals for desired canopy cover for different areas of the City and policies for: tree retention, replacement, and protection; installation and maintenance of landscape trees; installation and maintenance of street trees; and goals related to urban forestry on public lands. A canopy cover assessment will provide the City with a baseline (no canopy assessment has ever been done in Tukwila) for planning and monitoring progress and will be a tool for public outreach and education. The City plans to appoint an Urban Forestry Advisory Committee in late 2012 that will help us develop urban forestry goals and policy development for inclusion in the Comprehensive Plan. The Committee will later assist with revisions to existing ordinances (Tree Ordinance, Landscape Code, Street Tree regulations) and with developing new plans for urban forestry on publicly owned lands and rights -of -way. We see this grant as an important first step in our urban forestry planning efforts. Sincerely, im Hagge Mayor cc: Jack Pace, Director, Department of Community Development Christy O'Flaherty, City Clerk Phone. 206 433 -1800 City Hall Fax. 206 433 -1833 Website. www.cLtukwila.wa.us 75 76 Cit_v of Tukwila City Council MEMORANDUM TO: FROM VIA: Community Affairs Parks Committee A. Kathy Hougardy, Councilmembert Kimberly Matej DATE: December 6, 2011 SUBJECT: Resolution in Support of School District Levy REQUEST The Tukwila Schools Advisory Committee is asking for the City Council's support of the Tukwila School District Maintenance Operations Levy, to be presented to the voters on the February 14, 2012 ballot via a resolution. BACKGROUND The proposed Maintenance and Operations Levy is not a new or additional tax. The Tukwila School District Board of Directors is asking approval for the continuation of the General Fund Maintenance and Operations Levy passed by voters in 2008. The current levy expires in 2012. If approved by the voters, this measure will authorize the school program levy for four more years. Levy monies are needed to sustain essential programs and services for basic education that are not state funded. Currently the State of Washington funds approximately 57 percent of the total basic education budget for the school district; Federal and other sources fund 16 percent. The levy will fund the remaining 27% of the Tukwila School District's general budget. The tax revenue generated by the levy will be used to help pay for maintenance and repairs for all schools. Approval of the levy will also allow the school district to maintain and improve upon the level of services currently provided. The programs and personnel listed below are examples of items partially or fully funded by the local levy. These items would be significantly reduced or eliminated if the levy fails on February 14, 2012: Teachers to maintain lower class size Administrators, office professionals and technical support staff Bus transportation costs for existing routes School athletics and extra curricular activities Special education, ELL (English Language Learners) and elementary gifted programs Middle and high school security services and safety personnel Arts, music, foreign language and elementary physical education Textbooks, classroom instructional supplies, computers and software School nurses, social workers Classroom instructional assistants DISCUSSION The Tukwila Schools Advisory Committee has asked for the City Council's support of the Maintenance and Operations Levy. This item will be presented to the voters on the February 14, 2012. The Maintenance and Operations Levy ballot measure is in the best interest of the residents of Tukwila to improve and maintain quality of education that is necessary to compete in the regional and global marketplace. The City's economy relies upon the availability of well- educated workers. 77 SchoolDistrict Levy ...........................page 2 RECOMMENDATION The Council is being asked to approve the resolution supporting the Tukwila School District's 2012 Maintenance and Operations Levy, to be presented to voters on February 14, 2012. Due to time constraints and the desire to move this item through the entire Council process, a request is being made to forward this item directly to the COW on the same evening following the Community Affairs Parks committee meeting, should the Committee find it appropriate. ATTACHMENTS Draft Resolution School Maintenance and Operations Levy Election Information Brochure OR DRAFT A RESOLUTION OF" THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING ITS COLLECTIVE POSITION SUPPORTING APPROVAL FOR RENEWAL OF THE TUKWILA SCHOOL DISTRICT SCHOOL PROGRAMS AND OPERATIONS LEVY. WHEREAS, Washington's constitution states that there is no higher priority than the education of all children; and WHEREAS, adequate, stable funding is critical to the fulfillment of this priority; and WHEREAS, resources provided through voter approved school levies are essential to local school districts' ability to provide a well- rounded, quality education to each student; and WHEREAS, the School Programs and Operations Levy is a replacement levy that was passed by voters in 2008 and expires in 2012; and WHEREAS, this levy money provides for a least one quarter of the Tukwila School District budget and is used to maintain and operate current school programs; and WHEREAS, failure of this levy may result in the elimination or significant reduction of important items such as special education programs, bus transportation, extra- curricular activities, textbooks, teachers, arts, music and foreign language; and WHEREAS, this is not a new levy, but renewal of an existing, expiring levy that is limited by law and is related to the amount of state funding the School District receives_ for basic education; and WHEREAS, approval for renewal of this four -year levy will allow the district to budget for four years with the assurance of available local funding needed for vital operations; W: \Word Processing- City \Resolutions \Tukwila School District Levy Support 12 -7 -11 KM:bjs Page 1 of 2 79 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council, by majority vote, hereby expresses support of the renewal of the Tukwila School District School Programs and Operations Levy set for the February 14, 2012 Special Election. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Allan Ekberg, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing- City \Resolutions \Tukwila School District Levy Support 12 -7 -11 KM:bjs Page 2 of 2 Additional information about school finance, the 2011 -2012 budgeting process, voter registration, and the proposed replacement levy can be found on the Tukwila School District Web site: www.tukwila.wednet.edu. You may also contact the Community Relations office at 206.901.8010 for answers 10 questions, extra copies of this brochure, or to request a speaker for your next meeting. Collection Year Rate /$I ,000 Assessed Value Levy Amount 2013 2014 2015 2016 $3.46 53.59 53.74 53.85 59.631.2 77 510.11 -.788 $10.618,428 511.149.349 0 < Q �rn ~ u a a�s o 7 w w z O cn a 206 901 8000 N. Levy monies are needed to sustain essential programs and services for basic education that are not state - funded. The State of Washington funds approximately 57 percent of basic education, and federal and other sources fund 18 percent. The levy will fund 27 percent of the District's general budget. The proposed levy is not 0 new fax. It approved, it would replace the existing levy which is scheduled to expire at the end of 2012. A homeowner whose property is valued al $255,000 in 2012 will have levy related property taxes in 2013 of approximately $882.00. District Revenues District Expenditures Tax Exemptions: Some senior citizens and disabled persons may qualify for exemptions from all or part of this levy. Details and forms are available from the King County Department of Assessments: 500 Fourth Avenue, Suite ADM -AS -0708. Seattle WA 98104 Office Hours: Mon, Tues. Wed, and Fri 8:30 a.m. to 4:30 p.m. Thurs 9:30 a.m. to 4:30 p.m. TEL: 206 - 296 -7300 FAX: 206 - 296 -5107 TTY: 206-296-7888 Levy money provides more than 27% of the Tukwila School District's budget, and is used to maintain and operate current school programs. The programs and personnel listed below are examples of items partially or fully funded by the local levy, so they will be eliminated or significantly reduced if the levy fails on February 14th. Teachers to maintain lower class size Administrators, office professionals and technical support staff Bus transportation costs for existing routes School athletics and extra - curricular activities ✓Special education programs, ELL (English Language Learners), and elementary gifted programs it Security services and safety personnel (crossing auards, playground supervisors, etc.) Arts, music, foreign language and elementary physical education Textbooks, classroom instructional supplies, computers and software t School nurses, social workers ✓Classroom instructional assistants