HomeMy WebLinkAboutCOW 2012-01-09 COMPLETE AGENDA PACKETTukwila City Council Agenda
COMMITTEE OF THE WHOLE
Jim Haggerton, Mayor Councilmembers: Joe Duff ie Dennis Robertson
David Cline, City Administrator Allan Ekberg Kathy Hougardy
Verna Seal, Council President De'Sean Quinn Kate Kruller
Monday, January 9, 2012, 7:00 PM
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
Tukwila City Hall Council Chambers
2. SPECIAL 2011 Business Recycler of the Year. Rebecca Fox, Senior Planner
PRESENTATION
3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
4. SPECIAL a. An Interlocal Agreement for the Minor Home Repair Program. Pg.1
ISSUES b. An Interlocal Agreement with the City of Renton for the Sounder Pg.23
Commuter Rail Station.
c. Duwamish Gardens:
5. REPORTS
6. MISCELLANEOUS
(1) An amendment to the grant agreement with the Washington State Pg.37
Recreation and Conservation Office.
(2) A design contract with JA Brennan Associates. Pg.49
d. A resolution establishing legislative priorities for the 2012 legislative Pg.81
session.
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
7. EXECUTIVE SESSION Personnel Issue Pursuant to RCW 42.30.110(1)(g) 30 minutes
S. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or tukclerk @tukwilawa.gov). This notice is available at
www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your continents to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
continents received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
Lntials IT'E'M NO.
Meeth�z Date Prepared by Mayor's review Council review
01/09/12 EB �.,,.ovC—
01/17/12 EB 4.A.
ITEM INFORMATION
CAS NUM131;IZ: STAFF SPONSOR: EVIE BOYKAN IORIG1N,11,AGI� ;NDADA'rI,: 01/09/12
AGF.ND,\ ITF ,i Trr1.1? Interlocal Agreement for Joint Minor Home Repair program
®Discussion ®Motiota Resolution Ordinance .BidAavard Puhlic.Hearing Other
llJg Dale 01/09/12 ALtg Date 01/17/12 Illtg Date Mtg Date P2tg Date A�tg Date Mtg Date
SPONSOR Council Mayor HR DCD .Finance E] Fire IT P &R Police Ply'
SPONSOR'S The addition of the City of Pacific and the new budget necessitate bringing the Interlocal
SU'.\4N4,1RY agreement to the Council for approval. The Minor Home Repair program, administered by
the Tukwila Human Services Manager, will include Tukwila, SeaTac, Des Moines, Covington
and Pacific. The expected budget is $125,000 for the contract between Tukwila and King
County.
RI 11 /i;]) lil COQ\' Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 12/12/11 COMMITTEE CFIAIR: SEAL
RECOMMENDATIONS:
SPONs0)R /Ai)M1N. Human Services Division of the Mayor's Office
Co n N41'1'1'1�a; Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXI'I�:NDITURI? RI(QUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$125,000 $125,000
Fund Source: HUD COMMUNITY DEVELOPMENT BLOCK GRANT
Connnents: 100% of budget is reimbursable under the CDBG award
MTG. DATE I RECORD OF COUNCIL ACTION
01/09/12
01/17/12
MTG. DATE I ATTACHMENTS
01/09/12 I Information Memorandum dated 12/12/11
Proposed Interlocal Agreement
Minutes from the Community Affairs and Parks Committee meeting of 12/12/11
1
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
3
rd
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. Purpose. 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 15
9
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
6 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 3rd 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 7
City
Contact
SeaTac
Human Services Manager, currently Colleen Brandt Schluter
4800S. 188 Street,
SeaTac, WA 98188
206.973.4815; cbschluter @ci.seatac.wa.us
Des Moines
Code Enforcement Officer, currently Nancy Uhrich
21630 1 lth Ave S, Suite D
Des Moines, WA 98198 -6398
206- 870 -6558; nuhrich(a desmoineswa.gov
Covington
Personnel Division/Human Services, currently Victoria Throm
16720 SE 271 Street, Ste. 100
Covington, WA 98042
253- 638 -1110 Ext. 2237; Vthrom @ci.covington.wa.us
Pacific
Community Services Director, currently Linda Morris
1003 rd Ave SE
Pacific, WA 98047
253- 929 -1150; lmorrisgci.pacific.wa.us
Tukwila
Human Services Manager, currently Evelyn Boykan
6200 Southcenter Blvd,
Tukwila, WA 98188
206.433.7180; eboykan@tukwilaWA.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: Attornev'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
Page 4 of 1.5
11) Countemarts. 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:
f Printed Namel
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: Citv 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 5 of 15 9
Richard Hildreth, Mayor
Date:
Attest:
[Printed Name]
Title:
Approved As To Form:
Albert Albuan, City Attorney
Interlocal Agreement for Minor Home Repair
10 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 $1 5,000''
Administrative $10,000
TOTAL $125,000
EXHIBIT B
Interlocal Agreement for Minor Home Repair
Pate 7 of 15 11
12
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.
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
Page 8 of 15
13
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
14 Page 9 of 15
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:
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 EQUAL
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
Page 10 of 15 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
Interlocal Agreement for Minor Home Repair
16 Page I I of 15
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
Page 12 of 15 17
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
18 Page 13 of 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
Page 14 of 15
19
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
20 Page 15 of 15
City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
December 12, 2011 5: 00 p.m.; Conference Room #3
PRESENT
Councilmembers: Verna Seal, Chair; Joe Duffie and De'Sean
Staff: Evie Boykan, Bob Giberson, Ryan Larson, Jack Pace, David Cline and Kimberly Matej
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Interlocal Agreement: Joint Minor Home Repair Program
Grant monies are pending appropriation for the 2012 Minor Home Repair Program through the Community
Development Block Grant, and staff is seeking approval to enter into an Interlocal Agreement between the
Cities of SeaTac, Des Moines, Covington, Pacific and Tukwila for the planning, funding and implementation
of a joint minor home repair program in 2012.
Last year this interlocal agreement was between the cities of Seatac, Des Moines, Covington and Tukwila and
was going to be self- renewing; however, the City of Pacific has now been added to the program, and a new
�kl interlocal agreement is necessary.
Tukwila continues to serve as the fiscal agent of the Minor Home Repair Program for the above mentioned
cities. Targeting low and moderate income homeowners, Minor Home Repair program repairs include
electrical, plumbing, carpentry, roofing and painting (lead removal).
Terms of the interlocal agreement are almost identical to last year, with the exception that the City of Pacific
has been added as a participant. UNANIMOUS APPROVAL. FORWARD TO JANUARY 9, 2012, COW.
B. Duwamish Gardens: Grant Funds and Consultant Agreement
Staff is seeking Council approval of the following items regarding Duwamish Gardens:
Acceptance of Grant Funds
In late 2010, grant monies were accepted from the Washington State Recreation and Conservation Office
(RCO) and the King Conservation District for design on Duwamish Gardens. Staff identified the need for
additional design phase funding and contacted RCO to inquiry about the availability of additional grant
monies. The RCO awarded the City another $50,045 for the project, and staff is now requesting an
amendment to the current grant agreement in order to accept this new grant funding. The required matching
funds were previously budgeted during the original grant acceptance. UNANIMOUS APPROVAL.
FORWARD TO JANUARY 9, 2012, COW FOR DISCUSSION.
Consultant Selection and Agreement
Staff is seeking approval to enter into a consultant agreement with JA Brennan Associates in the amount of
$316,066 for design of the Duwamish Gardens Project.
JA Brennan was chosen after a competitive process from nine original RFP submissions. The consultant
agreement calls for 100% design of the project including plans, specifications and a detailed ecological
recovery plan. UNANIMOUS APPROVAL. FORWARD TO JANUARY 9, 2012, COW FOR
DISCUSSION.
21
22
COUNCIL AGENDA SYNOPSIS
Initial ITEMNO.
Meeting Date Prepared by I Mayor's review Council review
01/09/12 mcb R
01/17/12 mcb 4 V
ITEM INFORMATION
STAFF SPONSOR: JACK PACE OR1G1N,v.AGI'NDA DA'I -F': 1/09/12
A(;kND:\ Tn'I,r' Interlocal Agreement between the Cities of Tukwila and Renton on the permitting
for the portion of the AMTRAK /Sounder Commuter Rail Improvements in Renton
CXFFGORY Discussion Motion Resolution Ordinance .Bid Award Public Hearing ❑Other
lltg Date 01109112 jlltg Date 1117112 Alt g Dnte fVltg Dale tl7tg Date tl�tg DnJe All Date
SPONSOR Council Mayor .HR DCD .1~inance .Fire IT P6R Police PW1
SI'()NS()It'S This interlocal gives Tukwila the permitting and inspection authority for the use and
SUnrnI'wR construction of portions of the train stop improvements that will occur within the city
limits of Renton. Examples of the improvements that will be located in Renton are
portions of the northbound platform, pedestrian circulation on the east side, and vehicular
emergency access. The Council is being asked to review the Interlocal and authorize the
Mayor to sign the Agreement.
cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 12/12/11 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMI'l Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXP1:ND1TLJIZI? R]"QUIRFL) AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Connnents:
I MTG.DATEI RECORD OF COUNCIL ACTION
01/09/12
01/17/12
MTG. DATE I ATTACHMENTS
01/09/12 Informational Memorandum dated 11/21/11
Interlocal Agreement with attachments
Minutes from the Community Affairs and Parks Committee meeting of 12/12/11
2$
24
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
25
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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
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW
39.34;
NOW THEREFORE, in consideration of the following recitals and the mutual promises
and covenants contained herein, it is agreed as follows:
Page 1
27
AGREEMENT
1. Pumose 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
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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
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7. Partial Invaliditv. 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
30
Exhibit A
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 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 0 26'34" 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.M., 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
31
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 RIGHT -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
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32
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Communitv Affairs Parks Committee Minutes
December 12.2011— Pace 2
C. Interlocal Agreement: Citv of Renton Regarding Sounder Commuter Rail Station
Staff is seeking Council approval to enter into an interlocal agreement with the City of Renton to grant the
City of Tukwila permitting authority relative to improvements at Tukwila Sounder Commuter Rail Station.
This interlocal agreement is necessary since a portion of the platform extends into Renton's city limits. The
Renton City Council has already authorized this permitting authority which will allow the applicant (Sound
Transit) to facilitate permitting through one city rather than two different jurisdictions. UNANIMOUS
APPROVAL. FORWARD TO JANUARY 9, 2012, COW FOR DISCUSSION.
D. Grant ADDlication: Urban Forestry
As information only, staff notified the Committee of their intent to submit a grant application in the amount of
$10,000 (no match required) to the Washington State Department of Natural Resources to conduct a tree
canopy survey /assessment of the City.
Information collected from this assessment will assist staff in developing policies and regulations for urban
forestry, which needs to be addressed in the City's Comprehensive Plan. Additional information will be
provided if grant funding is awarded and the City proceeds with the survey. INFORMATION ONLY.
E. Resolution: Tukwila School District Levv
Councilmember Kathy Hougardy has submitted, at the request of the Tukwila Schools Advisory Committee,
this resolution for the Committee's consideration, and full Council support if deemed appropriate. The
resolution expresses collective Council support of the renewal of the School District's Programs and
Operations Levy which will be on the February 14, 2012, Special Election ballot.
Committee Chair Seal was able to speak to the measure as she was present at a recent School District meeting
where the levy was the primary discussion. The current levy expires in 2012, and the levy is not a new or
additional tax, it is strictly renewal of an existing tax.
Committee members asked questions as appropriate and recommended full support of the levy renewal.
Committee Chair Seal inquired if there was any public comment, which there was not. This item will move
forward to COW tonight in consideration of year -end time constraints. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 12 COW FOR DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 5:23 p.m.
Next meeting: Per Tentative 2012 Committee Calendar
9 Committee Chair Approval
Mi utes KAM.
35
36
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meethrr Date Prepared by Mayor's review Council review
01/09/12 I BG IZIIRC: I 4.0 (1)
01/17/12 I BG
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 01/09/12
AGENDA I'rL?M TITLE Accept WA State Recreation Conservation Office Grant for Duwamish Gardens
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearin
g ❑Other
t17tg Date 01109112 Mt g Date 01/17/12 Mtg Date Mtg Date Mtg Date A/V Date Mtg Date
SPONSOR Council Mayor HR DCD .Finance Fire IT P &R Police PlFI
SPONSOR'S The City received design grant funding from the WA State Recreation Conservation Office
SUMMARY (RCO) in the amount of $197,299.00 and $52,929.34 from the King Conservation District.
Upon negotiating with the design consultant, additional funds were needed and staff
contacted RCO and was able to obtain $50,045.00 in additional grant funding. Council is
being asked to approve this grant amendment with RCO in the amount of $50,045.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 12/12/11 COMMITTEE CHAIR: VERNA SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works Department
COMmIT`fl -r Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EYPENDITURE REQUIl2ED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source: 301 PARKS (PG 64, 2012 CIP)
Comments:
I MTG. DATE
01/09/12
01/17/12
MTG. DATE
1 01/09/12
01/17/12
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 12/09/11
Page 64, 2012 CIP
RCO Grant Amendment
Minutes from the Community Affairs and Parks Committee meeting of 12/12/11
37
m
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community and Parks Committee
FROM: Bob, Giberson, Public Works Director 40
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 \Design \Info Memo RCO Grant Acceptance.doc 39
.s
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 (R/W)
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
REET 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
5 Project Location
J
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7
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GIS
2012 2017 Capital Improvement Program 64 41
Natural Resources Building
1111 Washington St. S. E.
Olympia, WA 98501
P.O. Box 40917
Olympia, WA 98504 -0917
STA,P Off,
o
x
1889
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(a,rco.wa.gov.
Incerely
0
Kaleen Cotti m
Director
Cc: Karen Bergeron, WRIA 9 Lead Entity Coordinator
Recreation and Conservation Funding Board Salmon Recovery Funding Board
Washington Invasive Species Council Governor's Salmon Recovery Office
Habitat and Recreation Lands Coordinating Group
42
0
Y WASHINGTON STATE
Recreation and
w 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:
The costs are increased due to higher than anticipated
geotechnical services and expenses.
Project Funding:
The total cost of the project for the purpose of this
Agreement changes as follows:
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:
BY: BY:
Kaleen Cottinaham
TITLE: Director V
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
43
Amendment Agreement Description
Project Sponsor: City of Tukwila Project Number: 10-1605P
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 Winds 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
44
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 ii
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
45
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:
M
City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
December 12, 2011— S: 00 p.m.; Conference Room #3
PRESENT
Councilmembers: Verna Seal, Chair; Joe Duffie and De'Sean
Staff: Evie Boykan, Bob Giberson, Ryan Larson, Jack Pace, David Cline and Kimberly Matej
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Interlocal Agreement: Joint Minor Home Repair Program
Grant monies are pending appropriation for the 2012 Minor Home Repair Program through the Community
Development Block Grant, and staff is seeking approval to enter into an Interlocal Agreement between the
Cities of SeaTac, Des Moines, Covington, Pacific and Tukwila for the planning, funding and implementation
of a joint minor home repair program in 2012.
Last year this interlocal agreement was between the cities of Seatac, Des Moines, Covington and Tukwila and
was going to be self- renewing; however, the City of Pacific has now been added to the program, and a new
interlocal agreement is necessary.
Tukwila continues to serve as the fiscal agent of the Minor Home Repair Program for the above mentioned
cities. Targeting low and moderate income homeowners, Minor Home Repair program repairs include
electrical, plumbing, carpentry, roofing and painting (lead removal).
Terms of the interlocal agreement are almost identical to last year, with the exception that the City of Pacific
has been added as a participant. UNANIMOUS APPROVAL. FORWARD TO JANUARY 9, 2012, COW.
B. Duwamish Gardens: Grant Funds and Consultant Agreement
Staff is seeking Council approval of the following items regarding Duwamish Gardens:
Acceptance of Grant Funds
In late 2010, grant monies were accepted from the Washington State Recreation and Conservation Office
(RCO) and the King Conservation District for design on Duwamish Gardens. Staff identified the need for
additional design phase funding and contacted RCO to inquiry about the availability of additional grant
monies. The RCO awarded the City another $50,045 for the project, and staff is now requesting an
amendment to the current grant agreement in order to accept this new grant funding. The required matching
funds were previously budgeted during the original grant acceptance. UNANIMOUS APPROVAL.
FORWARD TO JANUARY 9, 2012, COW FOR DISCUSSION.
Consultant Selection and Agreement
Staff is seeking approval to enter into a consultant agreement with JA Brennan Associates in the amount of
$316,066 for design of the Duwamish Gardens Project.
JA Brennan was chosen after a competitive process from nine original RFP submissions. The consultant
agreement calls for 100% design of the project including plans, specifications and a detailed ecological
recovery plan. UNANIMOUS APPROVAL. FORWARD TO JANUARY 9, 2012, COW FOR
DISCUSSION.
47
W
AGENDA ITEM TI'TL.E
COUNCIL AGENDA SYNOPSIS
Initials ITEMNO.
Meeting Date Prepared by I Mayo s review I Councill
01/09/12 BG c I CA) I
01/17/12 BG 4. C (2)
ITEM INFORMATION
I STAFFSPONSOR: BOB GIBERSON ORIGINAI,AGI NDADATI3: 01/09/12
Duwamish Gardens Design Consultant Selection and Agreement
CATEGORY Diewsj� ion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 01109112 Mtg Date 01117112 -Aft
g Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor .HR DCD .Finance .Fire IT P&R Police PW
SPONSOR'S This contract is for the design of the Duwamish Gardens Project. Nine RFPs were received
SUMMARY and two consultant firms were interviewed. 7A Brennan was unanimously determined to be
the most qualified to design this salmon habitat project at the Duwamish Gardens site.
Council is being asked to approve the consultant agreement with ]A Brennan in the amount
of $316,066.00.
RI- _,VIEWED BY ❑COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 12/12/11 COMMITTEE CHAIR: VERNA SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works Department
COMMrr °TI =_r Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITUxE RI- AMOUNT BUDGETED APPROPRIATION REQUIRED
$316,066.00 $316,000.00
Fund Source: 301 PARKS (PG 64, 2012 CIP)
Comments.
MTG. DATE I RECORD OF COUNCIL ACTION
01/09/12
01/17/12
MTG. DATE J ATTACHMENTS
01/09/12 I Informational Memorandum dated 12/09/11
Consultant Selection Scoring Sheet
Consultant Agreement
Minutes from the Community Affairs and Parks Committee meeting of 12/12/11
01/17/12
49
50
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Bob Giberson, Public Works Director 0
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
51
52
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CONSULTANT AGREEMENT .FOR
DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and.J.A. Brennan Associates, PLLC, hereinafter referred to as "the Consultant in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Design services in
connection with the project titled Duwamish Garden`s 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.
3. 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 arid, 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.
55
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 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 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.
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
56
be entitled to any benefits accorded City, employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax. or social security or .for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or .agreed to pay any
company or person other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or :resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount,of such
fee, commission, percentage; brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. 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
party-
3
57
16. 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
December 6, 2011
a. b rennan
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.
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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 2.2.1 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 2.2.2 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.
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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 2.2.3 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 225 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.
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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 Eva /uation
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 3.9 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.
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Task 2.3 .3 Slope StabilityAnalysis
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 23.4 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 2.3,5 Pavement 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 23.7hydrogeologic 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
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contaminated groundwater at the northwest corner of the site.
Task 2.4.1 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
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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
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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 2.5 Estuarine 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
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Task 2.6.1 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 Garderis Scope of Work
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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 (24x36)
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
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 In volvement, 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.
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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°0)
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.
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J.A. Brennan Associates:
J.A. Brennan will provide layout, grading, planting, irrigation and associated details.
Deliverables:
JARPA Graphics (10 sheets)
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:
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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
Genera /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
73
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 2.2.8 (if necessary) Tesfing/Data Recovery 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
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City O Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
December 12, 2011 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Verna Seal, Chair; Joe Duffie and De'Sean
Staff: Evie Boykan, Bob Giberson, Ryan Larson, Jack Pace, David Cline and Kimberly Matei
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Interlocal Agreement: Joint Minor Home Re Program
Grant monies are pending appropriation fqr the 2012 Minor Home Repair Program through the Community
Development Block Grant, and staff is seeking approval to enter into an Interlocal Agreement between the
Cities of SeaTac, Des Moines, Covington, Pacific and Tukwila for the planning, funding and implementation
of a joint minor home repair program in 2012.
Last year this interlocal agreement was between the cities of Seatac, Des Moines, Covington and Tukwila and
was going to be self- renewing; however, the City of Pacific has now been added to the program, and a new
interlocal agreement is necessary.
Tukwila continues to serve as the fiscal agent of the Minor Home Repair Program for the above mentioned
cities. Targeting low and moderate income homeowners, Minor Home Repair program repairs include
electrical, plumbing, carpentry, roofing and painting (lead removal).
Terms of the interlocal agreement are almost identical to last year, with the exception that the City of Pacific
has been added as a participant. UNANIMOUS APPROVAL. FORWARD TO JANUARY 9, 2012, COW.
B. Duwamish Gardens: Grant Funds and Consultant Agreement.
Staff is seeking Council approval of the following items regarding Duwamish Gardens:
Acceptance of Grant Funds
In late 2010, grant monies were accepted from the Washington State Recreation and Conservation Office
(RCO) and the King Conservation District for design on Duwamish Gardens. Staff identified the need for
additional design phase funding and contacted RCO to inquiry about the availability of additional grant
monies. The RCO awarded the City another $50,045 for the project, and staff is now requesting an
amendment to the current grant agreement in order to accept this new grant funding. The required matching
funds were previously budgeted during the original grant acceptance. UNANIMOUS APPROVAL.
FORWARD TO JANUARY 9, 2012, COW FOR DISCUSSION.
Consultant Selection and Agreement
Staff is seeking approval to enter into a consultant agreement with JA Brennan Associates in the amount of
$316,066 for design of the Duwamish Gardens Project.
JA Brennan was chosen after a competitive process from nine original RFP submissions. The consultant
agreement calls for 100% design of the project including plans, specifications and a detailed ecological
recovery plan. UNANIMOUS APPROVAL. FORWARD TO JANUARY 9, 2012, COW FOR
DISCUSSION.
79
RE
AGIADA Iri \7 Trrj.
COUNCIL AGENDA SYNOPSIS
InitiaA ITEM NO.
Meeting Date Prepared by Mayor's review I Council review
01/09/12 KAM t e10 C— I
01/17/12 KAM 4.D.
ITEM INFORMATION
STAFF' SPONSOR: KIMBERLY MATE] ORIGINAI,AGI?NDA DATE: 1/9/12
Draft Resolution for Council's 2012 State Legislative Priorities
CATEGORY Discussion LWotion Refolution Ordinance Bid Award Pu6lic.Hearing ❑Other
Mtg Date 01109112 Al/ Date AV Date 01117112 tlltg Date Aft All Date Mtg Date
IS1 1 ONSOR Council Mayor .HR DCD .Finance ❑Fire IT PER Police PW
SPONs()It'S Staff has prepared a DRAFT 2012 Legislative Agenda/ Priorities for Council consideration.
SU`Ii``IARY The agenda is intended to be utilized as a tool for Councilmembers when they meet with
state legislators in Olympia in February.
The Council is being asked to adopt a Resolution that identifies the agreed upon priorities.
RI ;1\iIi;AY /1?D RY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /Ai)MIN. Council President
CONIMI l°TI ;I
COST IMPACT FUND SOURCE
EXITNDITUItI; AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Com,nenls:
MTG.DATEI RECORD OF COUNCIL ACTION
01/09/12
01/17/12
MTG. DATE
01/09/12
01/17/12
ATTACHMENTS
Informational Memorandum dated 1/4/12
AWC list of 2012 Legislative Priorities
2011 City of Tukwila Legislative Priorities
Draft Resolution (Attachment A to be provided at 1/17/12 Regular Meeting)
m
City of Tukwila
City Council
MEMORANDUM
TO: Tukwila City Council
FROM: Kimberly Matej, Legislative Analyst
CC: Mayor Haggerton; David Cline, City Administrator
DATE: January 4, 2012
SUBJECT: Legislative Agenda /Priorities for 2012 Session
The State Legislature will begin a 60 -day short session on Monday, January 9, 2012. This is the
second year of the Legislature's biennium legislative cycle, and it is anticipated this will be another
financially challenging year for the State of Washington. After a special session on December 14,
2011, the State Legislature approved a $490 million budget adjustment which addresses
approximately a quarter of the State's $2 billion deficit.
As deficit concerns continue to loom significantly at the state and local levels, fiscal requests can be
expected to be minimal during this legislative session. Given this, although it is in the best interest of
local governments to continue submitting financial requests, emphasis should be placed on non-
financial requests including, but not limited to: ensuring the safety of state shared revenues,
flexibility of use of existing local revenues and sharing the story of significant budget reductions
which have already been implemented by the City. Additionally, this budget adjustment approved in
December does not address reductions to revenues that the State shares with local governments
which we can anticipate seeing in the regular session.
As with most legislative agendas, it is important to note that usually a city will choose items for
highlighting to local representatives (i.e.: priorities); however, that does not preclude the City from
supporting, opposing, monitoring issues or directly contacting legislators regarding additional items
not specifically highlighted on the published legislative agenda. For example, City departments will
often advocate for the Council to support or oppose specific items in response to which the Council
can meet directly with the appropriate state representatives regarding said issues.
For your review and discussion, continued issues from 2011 are below, and 2012 updates and /or
applicable comments have been incorporated in red. The order in which items are listed does not
reflect the importance of any item. After Council discussion, staff will provide a 2012 Legislative
Agenda State Issues in final form for review at the January 17 Regular Council Meeting.
Citv Fiscal Health
SUPPORT: Maintaining Streamlined Sales Tax Mitigation
Ensure that state monies committed for streamlined sales tax mitigation continue to remain
dedicated to that source and are not utilized or reduced to balance the state budget. 2012 Update:
The Governor's 2012 supplemental budget appropriates $47.4 million for Streamlined Sales Tax
(SST) Mitigation. This amount reflects a 10% reduction ($2.2 million) from the budget which passed
the Legislature last June. The SST account reduction is effective July 1, 2012. Legislation making
this reduction permanent will be considered during this session (HB2146).
MONITOR OPPOSE: Further Reductions to State Shared Revenues
Maintaining the level of revenues shared between the State and local governments is an integral
part of local government's ability to provide communities with basic services. Any reduction to these
revenues will continue to negatively impact local cities existing budget challenges. Examples of state
:m
2012 Council Legislative Priorities page 2
shared revenues include but are not limited to: Liquor Revolving Account, Liquor Excise Tax and
Streamlined Sales Tax Mitigation.
SUPPORT: Flexibility on Use of Existing Revenue Sources
Increase the flexibility of cities ability to spend revenue. Ease restrictions on how local governments
can spend their own revenue to best meet local needs, and preserve local taxing authority that
reflects community priorities.
General Government Operations
SUPPORT: Pro Active Approaches to Reduce Impact of Public Records Requests to Cities
Take an active role in efficient responses to and delivery of public records requests while reducing
substantial impacts of arduous requests. Proposals being considered include: safe harbor details
addressing large and frequent requestors, and clarification that the public records process is not
intended to be used for commercial purposes.
Environment Water
SUPPORT: Raising the SEPA Exemption Threshold
In consideration of legislation such as Growth Management, Shoreline Management and Water
Management, the SEPA review has become excessive over the past four decades. Legislation that
raises the threshold for SEPA exemptions will allow more flexibility in local government and reduce
redundancy without backsliding in environmental protection.
Transportation Infrastructure
SUPPORT: Transportation Infrastructure Enhancements
Support legislation which increases flexibility of use of existing revenues and implements new
revenues for use in expansion, maintenance and repair of transportation mechanisms; including
such items as street utility capability for cities and counties. This includes street maintenance,
stormwater, local transportation and public works assistance.
Law, Justice Public Safetv
OPPOSE: Required Election of Municipal Court Judges
The City will continue to oppose any legislation requiring the election of municipal court judges.
Appointed judges provide cities with flexible options for efficient court operations, appointments are
cost effective, and the judges are qualified and ethical.
MONITOR: Medical Marijuana
Medical mar#uana legislation took place at the State level this summer. Additional legislation
addressing some of the resulting issues of the original legislation including restrictions and
clarification of cities' authority to apply local regulations is expected to be introduced this session.
Tukwila currently has a moratorium in place regarding marijuana dispensaries and collective
gardens.
SUPPORT: Tools for Combating Gang Activity
The City of Tukwila has firsthand experience with the results of gang activity within the community.
As such, we are interested in ongoing collaboration of activities and funding that provides tools to
address gang prevention and intervention, as well as civil and criminal ways to address gang activity.
Continued Fundinq for Human Services
Especially during turbulent economic times, the City of Tukwila recognizes and is committed to
continue funding of human services programs. In consideration of this local commitment, we
encourage our State legislators to support human services funding recognizing the need of these
RIR
RTA
2012 Council Legislative Priorities page 3
vital services throughout our local communities. Minimizing related human services cuts in any way
possible.
For your review, I have attached a copy of AWC's 2012 Legislative Priorities.
L.*r.j
D e c e m b e r 2 0 1 1
P AL
A A M "i
ASSOCIATION
OF WASHINGTON
CI I iES
Board of Directors adopts
2012 major priorities
Help our communities drive
job growth
Invest in building and maintaining critical
infrastructure, thus creating jobs. For example,
the Public Works Trust Fund should be held
harmless or enhanced.
Reform the SEPA process to streamline it
and better align it with other environmental
reviews, reducing regulatory costs and spurring
development that will create jobs.
Enable tax increment financing authorities to
support public private economic development
partnerships that will foster job- creating
growth.
Support workforce training and education
programs, such as the Governor's aerospace
initiative.
Give cities revenue flexibility to
meet community needs
Continue revenue sharing that helps pay for
public safety and other critical services.
Ease restrictions on how local governments
can spend their own revenue to best meet
local needs, and preserve local taxing authority
that reflects community priorities.
Explore new opportunities for funding local
priorities.
Reform policies and regulations to
reduce costs and uncertainty
Pursue greater regulatory flexibility to reflect
reduced resources. For example, the state
should ensure that stormwater regulations are
both financially and technologically feasible.
Address public records abuses that drive
up local costs without enhancing real
transparency or the public's right to know.
Resist transferring state responsibilities to
local government without adequate funding or
resources.
Provide more clarity on the medical marijuana
law to give local government better guidance
on how to address this issue.
Look for opportunities to address
unsustainable personnel costs, such as
modifying binding interest arbitration.
AWC contact
Dave Williams, Director of State
Federal Relations
davew @awcnet.org
(360) 753.4137
Association of Washington Cities 1076 Franklin St SE, Olympia,WA 98501 www.awcnet.org
i
AM
mam
City of Tukwila ATTACHMENT A
2011 Legislative Priorities State Issues
During the first year of the Washington State Legislature's 2011 -12 biennium legislative cycle, the City of Tukwila will focus
on the following legislative priorities:
City Fiscal Health
MONITOR: Streamlined Sales Tax Mitigation
Ensure that state monies committed streamlined sales tax mitigation continue to remain dedicated to that source and are
not utilized to balance the state budget. The Governor's proposed 2011 -13 state budget identifies $49.8 million for
jurisdictions affected by SST.
SUPPORT: Flexibility on Use of Existing Revenue Sources
Increased flexibility in the spending of revenues, including but not limited to: locally- imposed Real Estate Excises Taxes
(REET), and the expenditure of and time expenditure extension for impact fees. This flexibility will allow cities to respond
more appropriately to growth needs and essential services.
General Government Operations
SUPPORT: Pro Active Approaches to Reduce Impact of Public Records Requests to Cities
Actively support efficient responses to and delivery ofpublic records requests while reducing substantial impacts of arduous
requests. Proposals being considered include: cost recovery, meet /confer, and clarification of the Public Records Act.
Environment Water
SUPPORT: State Levee Funding the Green River Levee System
Support legislation and /or appropriations that will assist in bringing local levees up to federal certification levels.
Additionally, support any assistance the state can provide to ensure that the Howard Hanson Dam and Green River levee
system function as designed to in order for the Green River- Valley to continue to function as an economic engine for the
State.
Transportation Infrastructure
SUPPORT: Transportation Infrastructure Enhancements
Support legislation which increases flexibility of use of existing revenues and implements new revenues for use in expansion,
maintenance and repair of transportation mechanisms; including such items as street utility capability for cities and counties.
This includes street maintenance, storrnwater, local transportation and public works assistance.
Law, Justice Public Safety
OPPOSE: Required Election of Municipal Court Judges
The City will continue to oppose any legislation requiring the election of municipal court judges. Appointed judges provide
cities with flexible options for efficient court operations, appointments are cost effective, and the judges are qualified and
ethical.
SUPPORT: Realignment of Electorate Requirements for Existing Fire Authorities
Support legislation that changes the current RCW relative to electorate requirements for existing fire authorities. Currently,
voting is required within both the municipal boundaries of the joining entity as well as the existing fire authority.
SUPPORT: Cross Jurisdictional Enforcement of SODA and SOAP
Support amendments to the RCW which criminalizes the presence of any person with an order to Stay Out of Area of
Prostitution and/or Stay out of Drug Areas. Change will allow patrol officers increased efficiencies in arrests related to
persons with such orders.
SUPPORT: Tools for Combating Gang Activity
The City of Tukwila has firsthand experience with the results of gang activity within the community. As such, we are interested
in ongoing collaboration of activities and funding that provides tools to address gang prevention and intervention, as well as
civil and criminal ways to address gang activity.
Continued Funding for Human Services
Especially during turbulent economic times, the City of Tukwila recognizes and is committed to continue funding of human
services programs. In consideration of this local commitment, we encourage our State legislators to support human services
funding recognizing the need of these vital services throughout our local communities. Minimizing related human services
cuts in any way possible.
111112011
91
92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE
DURING THE 2012 WASHINGTON STATE LEGISLATIVE SESSION.
WHEREAS, the City Council has agreed to pursue certain legislative issues for
2012; and
WHEREAS, the City Council recognizes this agenda is not all encompassing, in that
certain additional items may arise during the legislative session that require support or
opposition; and
WHEREAS, a legislative agenda outlines the priority issues that elected officials
may discuss when speaking to members of the Washington State Legislature; and
WHEREAS, the City Council agreed to these priorities at the Regular City Council
Meeting on January 17, 2012;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Tukwila City Council has identified priorities for the 2012 Washington State
Legislative Session that are integral to serving the Tukwila community in the manner in
which the residents and businesses have come to expect. The City of Tukwila 2012
Legislative Agenda is hereby incorporated by reference as Attachment A.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2012.
ATTEST /AUTH ENTICATED:
Christy O'Flaherty, CMC, City Clerk Verna Seal, Council President
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment A: City of Tukwila 2012 Legislative Agenda
W: \Word Process ing \Resolutions \Legislative Agenda for 2012 1 -3 -12
KM:bjs
Page 1 of 1
93
x
16th (Monday) 17th (Tuesday) 18th (Wednesday) 19th (Thursday) 20th (Friday)
M.L. King, Jr.
Day
City offices Closed
Volunteer
Tukwila
5:00 7:00 PM
Tukwila Pantry
Please RSVP to
206- 768 -2822 or
e -mail to
volunteer@
tukwilawa.gov
Transportation
Cmte,
5:15 PM
NEW Trn1E
(CR #1)
Surface Water
Management
Program Workshop
5:00 6:00 PM
Public Works
Department 6300
Southeenter Blvd.
(Conference Rm 1)
For more information
call Greg Villanueva
at 206 431 -2442 or
greg.villanueva@
tukwilawa.gov
Tukwila
Historical
Society,
7:00 PM
(Tukwila
Heritage
Cultural Center,
14475 59`" Ave
S.)
City Council
Executive
Session,
6:15 PM
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
Deadline for
applications for the
Citizens Pool
Advisory
Committee.
www.tukwilawa.gov/
mayor /boards.pdf
Finance
Safety Cmte,
5:15 PM
NEW TIME
(CR #3)
Parks
Commission,
5:30 PM
(Community
Center)
Library
Advisory
Board,
7:00 PM
(Foster Library)
14th (Saturday)
Council Coffee Chat
10:00 AM to
12:00 NOON
Stop by and informally
talk with a Tukwila City
Councilmember about
anything on your mind
regarding Tukwila.
NEW LOCATION
Foster Golf Links
Clubhouse
(13500 Interurban Ave S)
21st (Saturday)
Family Movie
Night on the Big
Screen
Bring your sleeping
bag or blanket to set up
in the Tukwila
Community Center
gym. Doors open at
6:00 PM; movie starts
at 6:30.
Call 206-
768 -2822 to find out
which movie will be
shown.
Free! But bring 2 cans
of food per person for
the Tukwila Food
Pantry.
➢City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
➢City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Human Resources at 206- 433 -1831.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 (A) Housekeeping Code Amendments.
Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf Room #3. Contact Joyce Trantina at 206- 433 -1850.
➢Finance Safety Committee: 1st 3rd Tues., 5:15 PM, Conf Room #3.
➢Human Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206- 433 -7180.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342.
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206 -575 -2489.
➢Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 767 -2342.
Sister City Committee: Quarterly, 5:30 PM, Tukwila Community Center. Contact Tracy Gallaway at 206 767 -2305.
➢Transportation Committee: 1st 3rd Mon., 5:15 PM, Conf Room #1
➢Tukwila Historical Society: 3rd Thurs., 7:00 Pm, Tukwila Heritage Cultural Center, 14475 59 Avenue S. Contact Pat Brodin at
206- 433 -1861.
➢Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 433 -1815.
➢Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1 1/10112 meeting cancelled.
95
Upcoming Meetings Events
January 2012
9th (Monday)
10th (Tuesday)
I Ith (Wednesday) 12th (Thursday) 13th (Friday)
Community
Uti l it y sies Cmte,
Civil Service
Affairs Parks
Cancelled
Commission,
Cmte,
5:00 PM
5: 00 PM
(CR #3)
(CR #3)
Tukwila
Tukwila
International
Sister City
Metropolitan
Boulevard
Cmte, 5:30 PM,
Park District
Action Cmte,
(Showalter
Board of
7:00 PM
Middle School
Commissioners
(Community
library)
Meeting,
Center)
6:00 PM
Sister City
(Council
Community
Chambers)
Meeting
6:00 7:30 PM
City Council
(Showalter
Committee of
Middle School
the Whole Mtg.,
library)
7:00 PM
To discuss the
(Council
delegation trip
Chambers)
C
to Miyoshi
Japan this
spring.
16th (Monday) 17th (Tuesday) 18th (Wednesday) 19th (Thursday) 20th (Friday)
M.L. King, Jr.
Day
City offices Closed
Volunteer
Tukwila
5:00 7:00 PM
Tukwila Pantry
Please RSVP to
206- 768 -2822 or
e -mail to
volunteer@
tukwilawa.gov
Transportation
Cmte,
5:15 PM
NEW Trn1E
(CR #1)
Surface Water
Management
Program Workshop
5:00 6:00 PM
Public Works
Department 6300
Southeenter Blvd.
(Conference Rm 1)
For more information
call Greg Villanueva
at 206 431 -2442 or
greg.villanueva@
tukwilawa.gov
Tukwila
Historical
Society,
7:00 PM
(Tukwila
Heritage
Cultural Center,
14475 59`" Ave
S.)
City Council
Executive
Session,
6:15 PM
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
Deadline for
applications for the
Citizens Pool
Advisory
Committee.
www.tukwilawa.gov/
mayor /boards.pdf
Finance
Safety Cmte,
5:15 PM
NEW TIME
(CR #3)
Parks
Commission,
5:30 PM
(Community
Center)
Library
Advisory
Board,
7:00 PM
(Foster Library)
14th (Saturday)
Council Coffee Chat
10:00 AM to
12:00 NOON
Stop by and informally
talk with a Tukwila City
Councilmember about
anything on your mind
regarding Tukwila.
NEW LOCATION
Foster Golf Links
Clubhouse
(13500 Interurban Ave S)
21st (Saturday)
Family Movie
Night on the Big
Screen
Bring your sleeping
bag or blanket to set up
in the Tukwila
Community Center
gym. Doors open at
6:00 PM; movie starts
at 6:30.
Call 206-
768 -2822 to find out
which movie will be
shown.
Free! But bring 2 cans
of food per person for
the Tukwila Food
Pantry.
➢City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
➢City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Human Resources at 206- 433 -1831.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3 (A) Housekeeping Code Amendments.
Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf Room #3. Contact Joyce Trantina at 206- 433 -1850.
➢Finance Safety Committee: 1st 3rd Tues., 5:15 PM, Conf Room #3.
➢Human Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206- 433 -7180.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342.
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206 -575 -2489.
➢Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 767 -2342.
Sister City Committee: Quarterly, 5:30 PM, Tukwila Community Center. Contact Tracy Gallaway at 206 767 -2305.
➢Transportation Committee: 1st 3rd Mon., 5:15 PM, Conf Room #1
➢Tukwila Historical Society: 3rd Thurs., 7:00 Pm, Tukwila Heritage Cultural Center, 14475 59 Avenue S. Contact Pat Brodin at
206- 433 -1861.
➢Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 433 -1815.
➢Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1 1/10112 meeting cancelled.
95
Tentative Agenda Schedule
1VIONTH
January
February
MEETING 1
REGULAR
3 (Tuesday)
6
Special Presentations:
Update on new sign
code.
MEETING "2
GO.W.
9
See agenda packet
cover sheet for this
week's agenda
(January 9, 2011
Committee of the Whole
Meeting)
13
Special Presentations:
Tukwila Village
Development
Agreement.
MEETING 3=`=
REGULAR
17 (Tuesday)
MEETIlN
C.O:[%V:
23
Special Presentations:
Introduction of Kendra
Kay, Public
Educator CERT
Trainer.
Energy Efficiency
Upgrades Update and
Next Steps.
Unfinished Business:
Interlocal Agreement
for Minor Home Repair
Program.
Interlocal Agreement
with Renton for the
Sounder Commuter
Rail Station.
Duwamish Gardens:
Grant Amendment
from RCL, and Award
design. contract.
A resolution
establishing legislative
priorities for the 2012
legislative session.
21 (Tuesday)
Unfinished Business:
Tukwila Village
Development
Agreement.
27
Special Issues:
Tukwila Village
Development
Agreement.
Unfinished Business:
Tukwila Village
Development
Agreement.