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Home My WebLink AboutCOW 2012-07-09 COMPLETE AGENDA PACKETTukwila City Counci /Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Counci /members: Joe Duff ie Dennis Robertson David Cline, City Administrator Allan Ekberg Kathy Hougardy Verna Seal, Council President De'Sean Quinn Kate Kruller Monday, July 9, 2012, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL 2011 Police Annual Report. Mike Vi/ /a, Po /ice Chief. PRESENTATION Pg.1 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. A contract for Seattle Express Shuttle services. Pg.25 ISSUES b. Howard Hanson Dam: (1) A cooperative agreement with King County. Pg.35 (2) Bid award for removal of flood control measures. Pg.53 (3) An agreement for construction management services. Pg.63 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 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 TukwilaCityClerk @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. 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Meeting Date Prepared by Mayor review Coung� re 07/09/12 KK 4.A. 07/16/12 KK l ITEM INFORMATION STAFF SPONSOR: KATHERINE KERTZMAN ORIGINAL AGENDA DATE: 07/09/12 AGENDA ITEM TITLE Seattle Express Shuttle Services Contract CATEGORY ®Discussion ®Motion E] Resolution ❑Ordinance ❑BidAtvard ❑Public .Hearing Other Mtg Date 719112 Mtg Date 7116112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PWI SPONSOR'S The Council is being asked to authorize the Mayor to sign a service contract in an amount SUMMARY not to exceed $170,000 on behalf of Seattle Southside Visitor Service with Miller Schmer Inc. doing business as Seattle Express. Services will be paid out of the "SeaTac Only" account that is funded 100% by the City of SeaTac. The contract amount is over $40,000, thereby requiring Council approval. RI VTEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 7/3/12 COMMITTEE CHAIR: Q UINN RECOMMENDATIONS: SPONSOR /ADMIN. Economic Development /Tourism Office COMMrrI'rE Forward to the Consent Agenda COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $120,000 annually $120,000 annually Fund Source: LODGING TAX FUND 101.00.557.303.44.11 (NOT GENERAL FUND) Comments: Unanimous Approval by the Lodging Tax Advisory Committee; Forward to Finance Safety I MTG.DATEI RECORD OF COUNCIL ACTION 7/9/12 MTG. DATE I ATTACHMENTS 7/09/12 Informational Memorandum dated 6/25/12 Proposed Contract Minutes from the Finance and Safety Committee meeting of 07/03/12 25 26 City of Tukwila TO: FROM: DATE: SUBJECT ISSUE Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton FINANCE AND SAFETY COMMITTEE Katherine Kertzman TOURISM PROGRAM MANAGER June 25, 2012 SEATTLE EXPRESS SHUTTLE SERVICES CONTRACT The Council is being asked to authorize the Mayor to sign a shuttle services contract with Miller Schmer Inc. doing business as "Seattle Express" on behalf of Seattle Southside Visitor Services (SSVS). BACKGROUND For over 10 years SSVS has hired Seattle Express to provide regularly scheduled shuttle services from hotels in the City of SeaTac to Westfield Southcenter, seven days a week (excluding some major holidays). Currently the City of SeaTac contributes 100% of the shuttle costs as a part of the annually approved tourism marketing initiatives SSVS provides to the City of SeaTac. The City of SeaTac's Hotel Motel Advisory Committee members support funding the complimentary shuttle service for their guests because it conveys added value to selling their properties to potential overnight guests and groups; the City of Tukwila incurs no cost but receives the sales tax from shoppers. Seattle Express delivered 28,746 riders /shoppers to Westfield Southcenter in 2011 resulting in $4,311,900 in estimated visitor spending at Westfield. The shuttle is wrapped in Seattle Southside branded advertising. As administrator of Seattle Southside, Tukwila contracts with the shuttle, pays them, and is reimbursed 100% for expenses from the SeaTac lodging tax fund. SSVS has been contracting for this service on a monthly basis using purchase orders. Currently, the cost is $10,000 per month. Seattle Express has an Auto Transportation Certificate 01052 issued by the Washington Utilities and Transportation Commission (WUTC) that gives Seattle Express the sole right to provide a scheduled shuttle service, at a set rate, on a set route for hotel guests (in our cities) and no other company can provide this shuttle service in our area which is defined as SeaTac and Tukwila. Therefore a competitive bid process is not feasible for this contract. ANALYSIS Although the City could continue to contract on a monthly basis for this service, staff has determined that an annual contract would be more efficient and better protect the city from liability. Since we are currently in mid -year, staff recommends the first contract continue through the end of 2013. 27 INFORMATIONAL MEMO Page 2 The SeaTac Hotel Motel Advisory Committee reviewed the 2012 Seattle Express shuttle service marketing initiative on June 8, 2011 and approved. The Tukwila Lodging Tax Advisory Committee reviewed the 2012 Seattle Express shuttle service marketing initiative at the Oct. 6, 2010 meeting and approved in the 2011 -2012 Seattle Southside Marketing Initiatives. Budget impacts: There is no additional budget request for this item because the cost for this work through 2012 was included within the Council approved 2011 -2012 Budget. Funds for 2013 will be included in the budget approval process later this year. Services will be paid out of the "SeaTac Only" account that is funded 100% by the City of SeaTac. However, because the proposal amount is over $40,000, it requires Council approval. Since this is a tourism program item, the costs will be paid out of lodging taxes, not the City's general fund. RECOMMENDATION The Council is being asked to authorize the Mayor to sign a service contract in an amount not to exceed $170,000 through 2013 on behalf of Seattle Southside Visitor Service with Miller Schmer, Inc. doing business as Seattle Express. (to be paid out of lodging taxes from "SeaTac Only" account that is funded 100% by SeaTac). The Finance and Safety Council is being asked to forward this item to the July 9, 2012 Committee of the Whole meeting and subsequent July 16, 2012 Regular Meeting. ATTACHMENTS Proposed Contract 28 WA2012 Info Memos- Council\Seattle Express 2012 Final.docx Contract No. CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Shuttle Express, hereinafter referred to as "the Contractor," whose principal office is located at 8028 180 St. SE, Snohomish, WA 98296. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Pavment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $170,000 at a rate of $10,000 per month. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing August 1, 2012, and ending December 31, 2013, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily Page l of 4 29 injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. Automobile liability insurance shall cover all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate and $5,000,000 products completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or Page 2 of 4 30 underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any surns so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may be terminated by the City at any time and for any reason by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Page 3 of 4 31 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assiunment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement. Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severabilitv and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Seattle Southside Visitor Services 31.00 South 176"' St. Seattle, WA 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attornev's Fees. This Agreement 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 Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of CITY OF TUKWIIJA Mayor Attest /Authenticated: City Clerk Page 4 of 4 20 CONTRACTOR By: Printed Name: Title: Approved as to Form: Office of the City Attorney 32 FINANCE AND SAFETY COMMITTEE Meeting Minutes July 3, 2012 5:15p. m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller Staff: David Cline, Katherine Kertzman, Derek Speck, Peggy McCarthy and Kimberly Matej CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:19 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract: Seattle Express Shuttle Services Staff is seeking Council approval to enter into a contract with Shuttle Express to provide regularly scheduled shuttle services from hotels in the City of SeaTac to Westfield Southcenter Mall in Tukwila in the amount of $10,000 per month. Seattle Southside has been providing free shuttle this service to hotel guests for over 10 years. Tukwila contracts the services with Shuttle Express as the administrator of Seattle Southside; however, the City of SeaTac lodging tax fund reimburses Tukwila for all associated costs (100 This service was previously paid for as a monthly expense through purchase order, but staff has determined that a contract for services will protect the City's liability and increase processing efficiency. There is no need to go through a competitive bid process for this service since an Auto Transportation Certificate has been issued giving Shuttle Express the sole right to provide this specific service. UNANIMOUS APPROVAL. FORWARD TO JULY 9 COW FOR DISCUSSION. III. MISCELLANEOUS The Committee had a brief roundtable discussion regarding the potential for additional revenue options for the City in consideration of potential sales tax decline. Meeting adjourned at 5:36 p.m. Next meeting: Tuesday, July 17, 2012 5:15 p.m. Conference Room #3 x 40 Committee Chair Approval Minutes by KAM. 33 34 COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by Mayor's review Coin review 07/09/12 BG��/��( 07/16/12 BG 4. ITEM INFORMATION CAS NUMBER: I STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 7/09/12 AGENDA ITEM TITLE Howard Hanson Dam Flood Response/ Removal of Temporary Flood Measures Cooperative Agreement for Completion with King County CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 07109112 Mtg Date 07116112 Mt 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 agreement with King County (and the King County Flood Control District) will provide SUMMARY funding and construction conditions for the removal of the Howard Hanson Dam Flood Response's temporary flood control measures. King County has agreed to fund 75% of Tukwila's costs up to $1,611,152.00. Council is being asked to approve the agreement with King County. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 06/26/12 COMMITTEE CHAIR: DENNIs ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE- Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 303 FUND (PAGE 77, 2012 CIP) Comments: MTG. DATE 07/09/12 07/16/12 MTG. DATE 07/09/12 07/16/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 06/22/12 Cooperative Agreement with King County Minutes from the Utilities Committee meeting of 06/26/12 35 36 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton UTILITIES COMMITTEE FROM: Bob Giberson, Public Works Director 66 BY: Ryan Larson, Senior Engineer DATE: June 22, 2012 SUBJECT: Howard Hanson Dam Flood Response /Tukwila Levee Repairs Maintenance Project No. 10901301 Cooperative Agreement for Completion of Emergency Flood Protection Measures Project ISSUE Approve an agreement with the King County Flood Control Zone District (Flood District) to provide funding for removal of the temporary emergency flood protection measures. BACKGROUND The City of Tukwila, King County, Kent, and Auburn installed temporary flood protection measures in 2009 in response to the damage sustained and subsequent reduced flood protection from the Howard Hanson Dam. These temporary measures included Supersacks placed along the Tukwila 205 Levee and Hesco barriers placed along the West Valley Highway. The Army Corps of Engineers (Corps) has notified the affected jurisdictions that all repairs have been completed to the Howard Hanson Dam and that the dam is operating at full protection level. The cities of Tukwila, Kent, and Auburn requested funding to remove the temporary emergency flood protection measures through the Flood District and they have agreed to pay 75% of the costs up to $1,611,152.00 for Tukwila's portion. The funding includes necessary property restoration to the levee trail, private property, and public rights -of -way. ANALYSIS The City Attorney's Office has worked with the King County Prosecutors Office to develop an agreement that sets forth the terms and conditions for reimbursement. These funding conditions include proper coordination with the Flood District on contract approval, construction notifications, inspections, receiving all required permits, returning any required materials to the Corps, properly disposing of waste materials, restoring all disturbed areas, and contract closeout. RECOMMENDATION The Council is being asked to approve a Cooperative Agreement for Completion of Emergency Flood Protection Measures with King County Flood Control Zone District and consider this item at the July 9, 2012 Committee of the Whole meeting and subsequent July 16, 2012 Regular Meeting. Attachment: Cooperative Agreement for Completion of Emergency Flood Protection Measures Project W' \PW Eng\PROJECTSW DR Projects \Tukwila Levee Repair and Maintenance (10901301) \Design \Info Memo KCFCZD ILA sb.docx 37 gu; COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT THIS COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT "Agreement is entered into on the last date signed below by and between the Parties, the CITY OF TUKWILA, a Washington municipal corporation "City and KING COUNTY, a political subdivision of the State of Washington "County (collectively referred to herein sometimes as the "Parties with reference to the following facts: RECITALS A. This Agreement is a contract setting the terms and conditions by which the City will complete the temporary emergency flood protection measures project, initially authorized by that certain Agreement for Flood Protection Services by and between the City and the County, dated October 15, 2009, as amended "Initial Contract by removing the temporary flood protection barriers along the Green River and restoring and repairing the levees to their previous condition, and by which the County will reimburse the City for such work up to a specified amount and grant to the City rights of access and license as required for the City to complete the work. B. In 2009, the United States Army Corps of Engineers "Corps announced that the Howard Hanson Dam, over which the Corps has jurisdiction and operational responsibilities, had a diminished capacity due to identified side wall seepage, and that the dam may have had to release waters in the coming months into the Green River that could cause flooding in the City. The Corps also purchased materials for flood protection purposes that it made available to the County, the City and other local jurisdictions, so long as the materials were used in accordance with the recommendations provided by the Corps, and were returned to the Corps once the threat posed by the diminished capacity of the Howard Hanson Dam had been addressed. COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 1 of 9 39 C. Following the announcement by the Corps, the King County Executive issued an emergency proclamation declaring that the threat of releases of additional waters from the Howard Hanson Dam constituted an emergency, waived county procurement requirements for contracts related to the county's response to the emergency, and postponed County permitting procedures for public works. D. The Mayor and City Council of the City of Tukwila also issued an emergency proclamation that declared that the state of emergency conditions declared by the County were approved, confirmed and adopted by the City Council, and that provided that during the existence of the emergency, the Mayor of the City was authorized to implement administrative procedures deemed necessary to prepare for, respond to, stabilize and control the emergency, consistent with state law and local regulations. E. The King County Flood Control Zone District, a quasi municipal corporation and taxing district under the constitution of the State of Washington, whose purpose is to sponsor and implement flood control and protection measures "District by resolution authorized $1,285,760.00 in funding to assist the City in undertaking temporary emergency flood protection measures and authorized the County, as Service Provider to the District, to enter into a contract with the City to provide this funding for the City to implement identified emergency flood protection measures. F. The City and the County on October 15, 2009, executed the Initial Contract, which authorized the City to undertake temporary emergency flood protection measures, consistent with Corps specifications, on County and District property, and the County to pay the City up to $1,285,760.00 as reimbursement for costs incurred by the City in undertaking such emergency measures. The Initial Contract also provided that upon a determination by the Corps that the Howard Hanson Dam had been restored to its design capacity, the City was to be responsible for removal of the flood protection materials, and restoration of the levees to their previous condition. The City was to pay the costs for such removal and restoration unless the County determined that funds were available to pay for some or all of such costs. G. On September 16, 2011, the Corps announced that significant repairs had been completed to the Howard Hanson Dam and that the capacity of the Dam had been restored to its pre- damaged state. H. On May 14, 2012, the Board of Supervisors of the District, through adoption of FCD Resolution No. FCD2012 -02, identified up to $2,148,202.00 of funds to be used by the City for actual costs incurred in removing materials COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 2 of 9 .s previously installed by the City on the Green River levees and in restoring and repairing the levees, provided that 75% of such funds come from the District, and 25% of such amount ($537,050.00) be contributed directly by the City or by the City from loans by the District to the City from the District's Opportunity Fund, with 1% per annum to be charged to the City on the unpaid balance. I. The County, as the Service Provider to the District under the terms of that certain Interlocal Agreement Between King County and the King County Flood Control Zone District Regarding Flood Protection Services, as amended, and pursuant to FCD Resolution No. FCD2012 -02, is authorized to enter into this Agreement to utilize funds from the District and to agree to the terms under which the Work, as hereinafter defined, is to be completed. J. The City and the County wish to set forth the terms and conditions under which the County will reimburse the City for actual costs incurred in completing the temporary emergency flood protection measures initiated in 2009 by removing the flood barrier materials from the levees and restoring and repairing the levees to their previous condition, up to the amount of $1,611,152.00, with 25% of the $2,148,202.00 amount identified by the District, or $537,050.00, being paid from loans from the District Opportunity Fund or from funds paid directly by the City, and under which the City will undertake and complete such removal, restoration and repair measures. NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein, the Parties agree as follows: AGREEMENT 1. All recitals are hereby ratified as part of this Agreement. 2. The City shall complete the work "Work which is hereby defined to include: a. Removal of all temporary emergency flood protection material that was added to the Green River levee system by or on behalf of the City pursuant to the Initial Contract. The City shall provide notice to the County at least 10 days before such removal is to begin, and the County shall have the right to have personnel present during such removal for the purposes of monitoring the activities associated with the removal. COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 3 of 9 41 b. Provision of notice to the Corps of the removal of such materials and coordination with the Corps on the return to the Corps of any materials and containers originally provided by the Corps that the Corps determines should be returned. The Corps shall have full discretion in terms of what materials it wishes to have returned, and those that it does not. If the Corps determines that specified materials originally provided by the Corps should not be returned, then the City in its discretion may keep such materials or dispose of them as provided in 2.c. below. c. Disposal of all materials determined to be waste, after consultation with the Corps. Such disposal, management and transport shall be in accordance with all applicable local, state, and federal directives, laws, and regulations. d. Restoration and repair of all areas where temporary emergency flood protection materials were placed, or were impacted by such placement, to the condition previous to the placement of the materials. The City shall provide notice of and coordinate such restoration activities with the County agencies having custodial responsibilities for such areas. The restoration and repair shall be deemed complete when the County issues its notice of Final Acceptance, as described in No. 15 below. 3. Any contracts that the City intends to enter into for performance of the Work shall be provided to the County at least ten (10) days prior to the intended date of execution. The County shall have the right to provide comments on such contracts and shall provide those comments to the City no later than five (5) working days after the date the documents are provided to the County, which the City shall take into account in good faith before executing the contract. Such contracts shall be in compliance with all state and federal laws and regulations governing the procurement of services as applicable to a local government. 4. Any change orders to the contracts entered into by the City for the performance of the Work that exceeds $100,000 shall be provided to the County, at least five (5) days prior to the intended date of execution, for County review and comment within three (3) days, which comments the City shall take into account in good faith before executing the change order. If the City determines that such change order process will negatively affect construction timing, it may proceed with the change order, but only after consulting with the appointed County representative. 5. The City agrees to maintain documentation of all Work performed sufficient to meet state and if applicable, federal, audit standards for the COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 4 of 9 42 implementation of a capital project. The City agrees to maintain additional documentation that is reasonably requested by the County in order for the County to accurately track expenditures and use of funds. City contract and internal documents will be made available to the County for review and /or independent audit upon request. 6. Subject to the provisions of No. 7 below, the County will reimburse the City for the actual costs incurred for the performance of the Work within sixty (60) days of submittal of the invoices to the County, up to an amount not to exceed $1,611,152.00.00, unless the Parties agree to extend that time to resolve disputes. Of the $2,148,202.00 amount of total costs identified by the District, the City is required to provide a 25% match, or $537,050.00, which may be paid from funds loaned to it by the District out of the District's Opportunity Fund, at a 1% per annum interest charge until paid in full, or be paid directly from funds held by the City. For payment of any given invoice, the County shall pay 75% of the invoice amount with funds from the District and 25% with loan funds from the District's Opportunity Fund, if such loans are requested by the City, or if no loan is requested, the City shall pay its 25% share of the invoiced amount. Any costs in excess of $2,148,202.00 required to accomplish the Work shall be paid by the City. 7. Until the County issues its Notice of Final Acceptance, as described in No. 15 below, the County may in its discretion retain 10% of the total costs of the Work. Upon issuance of the Notice of Final Acceptance, the County shall pay the retained amount to the City. 8. The County, to the extent that its property interests and those of the District allow, hereby grants the City the right of access to the levees and license and permission for special use to perform the Work upon the levees, including those levees that are outside the City Limits, if covered under the Initial Contract, such levees, both within and outside the City limits are collectively referred to herein as the "Levees" and are identified in Exhibit A, attached hereto and incorporated herein by this reference. The County waives any applicable bond requirements. 9. The City shall be responsible for complying with all applicable laws, and obtaining all required permits in connection with the Work. 10. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability by the City, the County and /or the District, granted under state COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page S of 9 43 statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as otherwise granted or provided for by law. 11. The City acknowledges and agrees that it will not allow any lien or encumbrance to be placed upon the real property interests and any other interests held by King County and /or the District in connection with the Work. If any lien or encumbrance is so placed, King County and /or the District shall have the right to remove such lien and charge back the costs of such removal to the City. 12. The City authorizes, but does not require, the County, its employees, contractors, agents and volunteers to visually inspect and monitor the condition and performance of the Work at all times during the duration of this agreement at the County's sole expense. 13. The City, its officers, employees, agents, contractors, invitees and volunteers acknowledge that the County and the District have made no representations as to the current condition of the Levees. The City agrees to hold harmless and indemnify the County and /or District for any negligent act or omission of the City, its officers, employees, agents, contractors, invitees and volunteers, to the extent not within any immunity conferred by law on the County and /or the District arising out of the Work performed on the Levees pursuant to this Agreement Such indemnification shall extend to any claims, including all demands, suits and judgments, for damages arising out of injury to persons or damage to property, where such injury or damage is caused by, arises out of the City's negligence. The City shall by contract terms require its contractors to pass through indemnification to the District and County to the extent of their respective property interests. The Parties recognize that the Work is intended to restore the Levees to the condition that previously existed before damage occurred to the Howard Hanson Dam. With the Dam restored to its previous functioning capacity, there still remains no guarantee that flooding will not occur. In the event that flooding does occur, the City, County and the District shall continue to enjoy the immunity for flood prevention measures conferred by law, and it is the intention of the Parties that the City, as contractor to the County, shall likewise be included within such immunity to the extent allowed by law, and to the extent not covered by the City's own immunity or its reasonable exercise of its police powers. Nothing in this No. 13 shall be construed to eliminate, reduce, or otherwise abrogate any immunity conferred on the City, County and /or District in connection with acts or omissions arising out of the Work. COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 6 of 9 The indemnification provided for in this No. 13 shall survive termination of this Agreement. 14. This Agreement shall remain in force and effect until the Work is completed and the County has issued a Notice of Final Acceptance, as defined and described in No. 15 below. 15. The City shall complete that portion of the Work described in Nos. 2.a., 2.b., and 2.c. by November 1, 2012 or within one hundred eighty (180) days of the execution of contracts entered into under this Agreement, whichever is later. The City shall complete all Work described in Nos. 2.a., 2.b., 2.c., and 2.d. by July 1, 2013. When the City determines that it has completed all elements of the Work, it shall provide written notice to County. Within 30 days of receipt of this notice, the County shall inspect the completed Work and notify the City of any deficiencies. The City will have 30 days to cure such deficiencies. Upon completion of the deficiencies to the satisfaction of the County, the County shall issue a notice of final acceptance "Notice of Final Acceptance to the City. In the event that the Parties do not agree regarding the existence of or cure of any deficiencies identified by the County, the dispute resolution provisions in No. 18 shall apply. 16. Solely for the purpose of enforcing the indemnification provision in Section 13 above, each Party expressly waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 of the Revised Code of Washington; provided that, such waiver shall not preclude any indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying party by any of its employees. 17. Each Party recognizes that the other is self- insured and accepts such coverage for liability arising under this Agreement. Should any Party choose not to self- insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 18. The Parties will seek to resolve any disputes under the Agreement as follows: a. For disputes involving cost reimbursements, submittal of all relevant information to an independent Certified Public Accountant and /or a COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 7 of 9 45 Construction Claims Consultant, if agreed upon by the Parties, for a non binding opinion as to the responsibility. b. For disputes not involving cost reimbursements, these disputes shall be referred for informal resolution to the Public Works Director of the City, or the Director's designee, and the Director of the Water and Land Resources Division of the County, or the Director's designee. C. If the foregoing processes in 18.a. and 18.b. do not result in resolution, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County, Washington. d. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this Section 18. 19. This Agreement represents a full recitation of the rights and responsibilities of the parties and may be modified only in writing and upon the consent of both Parties. 20. The rights and licenses contained in this Agreement shall inure to the benefit of and are binding upon the Parties, and their respective successors in interest and assigns. 21. All communications regarding this Agreement shall be sent to the parties at the addresses listed below unless a party gives notice of a change of address. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the address state below or such other addresses as may be hereinafter specified in writing. If to City: Bob Giberson, Director City of Tukwila Public Works Department 6300 Southcenter Blvd. Tukwila, WA 98188 If to District and /or County: Tom Bean,Supervising Engineer King County DNRP, WLRD 201 South Jackson St, Ste. 600 Seattle, WA 98104 -3855 22. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 8 of 9 W IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITY OF TUKWILA By: DATE: Jim Haggerton Its: Mayor APPROVED AS TO FORM: By A City Attorney 6 City of Tukwila ATTEST: By: City Clerk for City of Tukwila KING COUNTY By: DATE: Its: Director of the Department of Natural Resources and Parks APPROVED AS TO FORM: By: Deputy Prosecuting Attorney for King County COOPERATIVE AGREEMENT FOR COMPLETION OF EMERGENCY FLOOD PROTECTION MEASURES PROJECT Page 9 of 9 47 WLLOJ FAR A S'137 51 r n N T �L+✓ N 5140 ST S 4 ST ST 5142` 14 PL 5AAA T S144ST l c� S146ST�� 148 SI148 ST A A '1S 158 ST. NI' w S 1 T rA yr 150ST t 5152 Y- S 15 ST S 152ST AL I v 518 r 5 154 ST FS i N 4 N in ST g160 l Q,6 cn�16 S 1s4 ST c 4 S 16C s I�LSJ 9 N �Pm DRIVE DRI s MINt UPLAND OP� MIDLAND DR i TROND DRI SEGAL£ PK DR .1 r I' At i PROJe LOCATION. u s2oo51 8.t ST E iIBi'T �TEN E .A� E T SE REP R 1 v l f10W� �50N DXM OOD RESpQNSE 50 UTILITIES COMMITTEE Meeting Minutes June 26, 2012 S: 00 p.m. Conference Room 1 Citv of Tukwila Utilities Committee PRESENT Councilmembers: Dennis Robertson, Chair; Joe Duffie and Kate Kruller Staff: Bob Giberson, Frank Iriarte, Greg Villanueva, Ryan Larson, Peter Lau, Gail Labanara and Kimberly Matej CALL TO ORDER: The meeting was called to order at 5:04 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA Items A, B, and C below are in response to the Army Corps of Engineers notification to affected jurisdictions that all repairs have been completed to the Howard Hanson Dam, and the Dam is operating at full potential. A. Howard Hanson Dam Flood Response: Cooperative Agreement Staff is seeking Council approval to enter into a cooperative agreement with King County Flood Control Zone District for completion of emergency flood control /protection measures from the Howard Hanson Dam, specifically for funding for the removal of such measures (Supersaks and Hesco barriers). This agreement sets forth terms and conditions for reimbursement to the City of Tukwila from the Flood Control District for 75% of costs (not to exceed $1,611,152) related to Tukwila's portion of the removal of barriers and necessary property restoration. UNANIMOUS APPROVAL. FORWARD TO JULY 9 COW FOR DISCUSSION. B. Howard Hanson Dam Flood Response: Bid Award Staff is seeking Council approval to award a bid to Goodfellows Bros., Inc. in the amount of $1,642,228.99 for the removal of temporary flood control /protection measures that were put in place in 2009 in response to the concerns with the Howard Hanson Dam. The contract also includes property restoration to the levee trail, private property and public rights -of -way. In response to Committee Member inquiries regarding sand disposal, staff explained that all removal components will be the responsibility of the contractor, including sand disposal. City bid documents provided two locations where the sand could be disposed of at no cost. However, ultimately it is contractor choice for disposal. Committee Chair Robertson asked that staff add a table that illustrates the bid award and construction costs to better explain components of the project. UNANIMOUS APPROVAL. FORWARD TO JULY 9 COW FOR DISCUSSION. C. Howard Hanson Dam Flood Response: Construction Manaizement Selection and Agreement Staff is seeking approval to enter into a consultant agreement with Kennedy /Jenks Consultants in the amount of $184,927.93 for construction management services related to the removal of flood control/protection measures. Kennedy /Jenks Consultants were chosen from three short- listed firms off of the MRSC Roster. The agreement calls for construction management services that include construction inspection, stormwater management, environmental and civil engineering, etc. Construction management services were originally included in a dual design /construction management consultant agreement with another vendor; however, construction management concerns resulted in termination of that contract. This agreement cost is within the construction management budget of $200,000. UNANIMOUS APPROVAL. FORWARD TO JULY 9 COW FOR DISUCSSION. 51 52 COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by I Mayorrezv ,aua:cl review 07/09/12 BG, s A I 4. 07/16/12 BG ITEM INFORMATION CAS NUMBER: I STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 7/09/12 AGENDA ITEM TITLE Howard Hanson Dam Flood Response/ Removal of Temporary Flood Measures Bid Award to Goodfellows Bros., Inc. CATEGORY Discussion Motion Resolution Ordinance Bid Award ❑Public Hearing Other Mt g Date 07/09/12 Mtg Date Mtg Date Mtg Date Mtg Date 07/16/12 Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW SPONSOR'S The removal of the Howard Hanson Dam Flood Response Temporary Flood Control SUMMARY Measures was advertised for bid on May 22 and 29, 2012. Six bids were opened on June 12, 2012 with the low bid of $1,642,228.99 from Goodfellows Bros., Inc. Goodfellows successfully installed the flood control measures in 2009. Council is being asked to award the contract to Goodfellows Bros. in the amount of $1,642,228.99. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 06/26/12 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,642,228.99 $1,600,000.00 $42,228.99 Fund Source: 303 FUND (PAGE 77, 2012 CIP) CIP PAGE DOES NOT INCLUDE KING COUNTY FUNDING Comments: King County will fund 75% of Tukwila 'F costs up to $1,611,152.00, see funding spreadsheet MTG. DATE 07/09/12 07/16/12 MTG. DATE 07/09/12 07/16/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 06/22/12 Funding Spreadsheet Bid Tabulations Minutes from the Utilities Committee meeting of 06/26/12 53 54 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton UTILITIES COMMITTEE FROM: Bob Giberson, Public Works Director BY: Ryan Larson, Senior Engineer DATE: June 22, 2012 SUBJECT: Howard Hanson Dam Flood Response /Tukwila Levee Repairs Maintenance Project No. 10901301 BID AWARD Removal of Temporary Flood Control Measures ISSUE Award the bid for construction of the Tukwila Levee Repair Maintenance project. BACKGROUND The City of Tukwila, King County, Kent, and Auburn installed temporary flood protection measures in 2009 in response to the damage sustained and subsequent reduced flood protection from the Howard Hanson Dam. These temporary measures included placement of Supersacks along the Tukwila 205 Levee and Hesco barriers along West Valley Highway. The Army Corps of Engineers (Corps) has notified the affected jurisdictions that all repairs have been completed to the Howard Hanson Dam and that the dam is operating at full protection level. Staff worked with a consultant, the Corps, and the King County Flood Control Zone District (Flood District) to develop plans for removal of the temporary flood measures. In addition, the cities of Tukwila, Kent, and Auburn requested funding for this removal through the Flood District and they have agreed to pay 75% of the cost to remove temporary flood protection up to $1,611,152.00 for Tukwila's portion. The funding includes necessary property restoration to the levee trail, private property, and public rights -of -way. ANALYSIS The project was advertised for bids on May 22 and 29, 2012. Six bids were received and opened on June 12, 2012. The bids were checked, corrected, and tabulated. Goodfellow Bros., Inc. is the apparent low bidder with a bid of $1,642,228.99. The engineer's estimate was $1,997,872.40. Goodfellow Bros. successfully completed the installation of the temporary flood protection measures in 2009. BUDGET AND BID SUMMARY (All amounts include sales tax.) RECOMMENDATION The Council is being asked to award the removal of temporary flood control measures for the Tukwila Levee Repair and Maintenance project to Goodfellows Bros., Inc. in the amount of $1,642,228.99 and consider this item at the July 9, 2012 Committee of the Whole meeting and subsequent July 16, 2012 Regular Meeting. Attachments: Bid Tabulations W:\PW Eng \PROJECTS\A- DR Projects \Tukwila Levee Repair and Maintenance (10901301) \Design \Info Memo Bid Award 6 -22 -12 sb.docx 55 Bid Results Estimate Budqet Bid Amount $1,642,228.99 $1,997,872.40 Levee Repair Budget (pg. 77) $1,600,000.00 Flood District (ILA) 75% of $1.8m 1,416,422.51 Contingency (15 246.334.35 299.680.86 0.00 Total $1.888.563.35 $2.297.553.26 $.3.016.422.51 RECOMMENDATION The Council is being asked to award the removal of temporary flood control measures for the Tukwila Levee Repair and Maintenance project to Goodfellows Bros., Inc. in the amount of $1,642,228.99 and consider this item at the July 9, 2012 Committee of the Whole meeting and subsequent July 16, 2012 Regular Meeting. Attachments: Bid Tabulations W:\PW Eng \PROJECTS\A- DR Projects \Tukwila Levee Repair and Maintenance (10901301) \Design \Info Memo Bid Award 6 -22 -12 sb.docx 55 56 Howard Hanson Dam Flood Response Removal of Temporary Flood Control Measures Project No. 10901301 Expenditures and Funding Expenditures Design Construction Management In house Staff Construction Bid 15% Contingency Estimated Expenditures 190,351.75 184,927.96 50,000.00 Funding King County Flood City Funded Control District 303 Fund Funding at 75% (page 77, 2012 CIP) 142,763.81 47,587.94 51,965.68 132,962.28 50,000.00 R 1,642,228.99 1,231,671.74 246,334.35 184,750.76 410,557.25 61,583.59 2,313,843.05 1,611,151.99 702,691.06 2,313,843.05 57 PW61 MW IT u 0 rya 71 7 7 7 7 77 17. w 4 n :4 wt 1 4, 4 n :4 wt M-1 1 UTILITIES COMMITTEE Meeting Minutes June 26, 2012 5: 00 p.m. Conference Room I City Of Tukwila Utilities Committee PRESENT Councilmembers: Dennis Robertson, Chair; Joe Duffie and Kate Kruller Staff: Bob Giberson, Frank Iriarte, Greg Villanueva, Ryan Larson, Peter Lau, Gail Labanara and Kimberly Matej CALL TO ORDER: The meeting was called to order at 5:04 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA Items A, B, and C below are in response to the Army Corps of Engineers notification to affected jurisdictions that all repairs have been completed to the Howard Hanson Dam, and the Dam is operating at full potential. A. Howard Hanson Dam Flood Response: Cooperative Agreement Staff is seeking Council approval to enter into a cooperative agreement with King County Flood Control Zone District for completion of emergency flood control /protection measures from the Howard Hanson Dam, specifically for funding for the removal of such measures (Supersaks and Hesco barriers). This agreement sets forth terms and conditions for reimbursement to the City of Tukwila from the Flood Control District for 75% of costs (not to exceed $1,611,152) related to Tukwila's portion of the removal of barriers and necessary property restoration. UNANIMOUS APPROVAL. FORWARD TO JULY 9 COW FOR DISCUSSION. B. Howard Hanson Dam Flood Response: Bid Award Staff is seeking Council approval to award a bid to Goodfellows Bros., Inc. in the amount of $1,642,228.99 for the removal of temporary flood control /protection measures that were put in place in 2009 in response to the concerns with the Howard. Hanson Dam. The contract also includes property restoration to the levee trail, private property and public rights -of -way. In response to Committee Member inquiries regarding sand disposal, staff explained that all removal components will be the responsibility of the contractor, including sand disposal. City bid documents provided two locations where the sand could be disposed of at no cost. However, ultimately it is contractor choice for disposal. Committee Chair Robertson asked that staff add a table that illustrates the bid award and construction costs to better explain components of the project. UNANIMOUS APPROVAL. FORWARD TO JULY 9 COW FOR DISCUSSION. C. Howard Hanson Dam Flood Response: Construction Management Selection and Agreement Staff is seeking approval to enter into a consultant agreement with Kennedy /Jenks Consultants in the amount of $184,927.93 for construction management services related to the removal of flood control /protection measures. Kennedy /Jenks Consultants were chosen from three short- listed firms off of the MRSC Roster. The agreement calls for construction management services that include construction inspection, stormwater management, environmental and civil engineering, etc. Construction management services were originally included in a dual design /construction management consultant agreement with another vendor; however, construction management concerns resulted in termination of that contract. This agreement cost is within the construction management budget of $200,000. UNANIMOUS APPROVAL. FORWARD TO JULY 9 COW FOR DISUCSSION. 61 62 COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by, Mayors review Co review 07/09/12 BG)�(v r 07/16/12 BG 4 ITEM INFORMATION CAS NUMBER: I STAFF SPONSOR: BO GIBERSON I ORIGINAL AGENDA DATE: 7/09/12 AGENDA ITEM TI"TLE Howard Hanson Dam Flood Response/ Removal of Temporary Flood Measures Construction Management Agreement with Kennedy /Jenks Consultants CATEGORY N Discussion N Motion Resolution Ordinance BidAward Public Hearing Other Mtg Date 07109112 Aft g Date 07/16/12 Mtg Date Mtg Date Mtg Date 0 Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police N PAW SPONSOR'S This contract is for construction management services for the Removal of the Howard SUMMARY Hanson Dam Flood Response Temporary Flood Control Measures. Three consultant firms were short- listed from the MSRC Consultant Works Roster and Kennedy /Jenks Consultants were chosen as the most qualified. Council is being asked to approve the contract with Kennedy /Jenks in the amount of $184,927.33. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte N Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 06/26/12 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $184,927.93 $200,000.00 $0.00 Fund Source: 303 FUND (PAGE 77, 2012 CIP) CIP PAGE DOES NOT INCLUDE KING COUNTY FUNDING Comments: King County will fund 75% of Tukwila 'F costs up to $1,611,152.00. MTG. DATE 07/09/12 07/16/12 MTG. DATE 07/09/12 07/16/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 06/22/12 Consultant Agreement Minutes from the Utilities Committee meeting of 06/26/12 63 x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director At BY: Peter Lau, Senior Engineer DATE: June 22, 2012 SUBJECT: Howard Hanson Dam Flood Response /Tukwila Levee Reoairs and Maintenance Project No. 10901301 Construction Management Consultant Selection and Agreement ISSUE Approve consultant agreement with Kennedy /Jenks Consultants for construction management (CM) services. BACKGROUND Construction management services for the removal of flood protection features were originally included as part of a combined design /construction management contract. The design portion was completed, construction bids have been received, and bid award is currently moving forward. The City has exercised its right to terminate that consultant contract due to construction management concerns. As a result, CM services are needed to assist our in -house construction manager with inspection and construction engineering for removal of the temporary flood control measures. The construction project bid opening was on June 12, 2012 and is scheduled to be awarded along with this contract. Construction is anticipated to begin in late July. DISCUSSION City project staff reviewed the Municipal Research and Services Center (MRSC) Consultant Roster and short listed three firms capable of performing the desired CM services. Kennedy /Jenks Consultants was selected to perform the work for the Tukwila Levee Repair and Maintenance project. Kennedy /Jenks Consultants offers services that include CM, construction inspection, storm water management, environmental engineering and science, water resources, wastewater treatment, civil engineering, geology and hydrology. FISCAL IMPACT A cost has been negotiated with Kennedy /Jenks Consultants for $184,927.93, which is reasonable for the size and scope of this project. The CM budget is $200,000.00 (see page 77, 2012 CIP) with 75% reimbursed through the King County Flood Control District. An in -house CM project manager has been assigned to work with the proposed consultant's inspectors and project manager to successfully complete the removal of the temporary flood control measures. RECOMMENDATION The Council is being asked to approve the construction management consultant agreement with Kennedy /Jenks Consultants in the amount of $184,927,93 for the removal of the temporary flood control measures for the Tukwila Levee Repair and Maintenance project and consider this item at the July 2, 2012 Regular Consent Agenda. Attachment: Consultant Agreement W1PW EngTROJECTSW DR Projects\Tukwila Levee Repair and Maintenance (10901301)1ConstructioMCM Consultant Selectionllnfo Memo for CM Kennedy Jenks 6 -22 -12 gl.docx 65 M CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Kennedy /Jenks Consultants, 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 Construction Management services in connection with the project titled Tukwila Levee Repair and Maintenance Howard Hanson Dam Flood Response. 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 300 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 One Hundred Eighty -Four Thousand Nine Hundred Twenty -Seven Dollars and Ninety -Three Cents ($184,927.93) without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. 67 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. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence and annual aggregrate. 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. 2 M 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 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 they have 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 they have 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 Q w e recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 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: Jeffery W. Faunce, PE Kennedy /Jenks Consultants 1191 2 Avenue, Suite 630 Seattle, WA 98101 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 CITY OF TUKWILA Jim Haggerton, Mayor Attest /Authenticated: day of 2012. CONSULTANT By: Printed Name: Title: Approved as to Form: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney Ll 70 EXHIBIT A SCOPE OF SERVICES City of Tukwila Tukwila Levee Repair and Maintenance project Construction Services This work will provide construction engineering services for the construction contract to complete the Tukwila Levee Repair and Maintenance project These services will include project management, inspection, and contract administration required during the construction of the project, as detailed below: I. INTRODUCTION The Consultant will perform the following scope of construction services on the the Tukwila Levee Repair and Maintenance Project. The scope of services and associated cost of services (Exhibit B) are based upon the assumptions outlined below. Assumptions: The accompanying budget for the services detailed below is based on the services of one Part time Construction manager (CM) during a 120 calendar day or an approximate 4 month construction contract. An increase or decrease in the number of working days affects the time the CM will be required to work on the project. An estimated 1 full time and 1 part-time inspector will also be required during the 120 calendar days to correspond with the simultaneous multi -crew construction approach anticipated by the contractor. It is anticipated that multiple work areas will be encountered at times during the project and will be required to be completed at the same time for work to be completed within the 120 Calender day limit. The contract administrator (CA) will be a part -time position. She will make trips to the field office on a weekly basis to attend meetings and occasional other trips for required coordination between the various participants. It is anticipated that there will be an estimated 125,000.00 in Force account (FA) on the project which will require approximately 40 FA sheets to be processed. Mileage: The following numbers reflect travel requirements for field staff and other project staff. For CM and CA and full -time inspectors, assume 110 trips 60 miles round trip (includes anticipated on -site daily mileage). For part-time inspection, assume 85 trips at 60 miles round trip (includes anticipated on -site daily mileage). The contract administrator is estimated to make 65 trips, averaging 60 miles per round trip. A job site trailer will not be provided. We will be allowed reasonable resources to perform work at the City of Tukwila including copying minor items, printing daily required items to keep the project on track and reasonable other resources needed to complete the project reasonably. II. DETAILED SCOPE OF WORK Task 1 Project Management. Provide overall Construction Management, coordination with KPG, the City, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures, prepare invoice and submit project progress letter to the city. (Note: See also Tasks 3 and 4, which include activities that may otherwise be considered project management tasks.) City of Tukwila Scope of Work Page 1 of 3 71 Task 2 Preconstruction Services 2.1 Preconstruction Conference. The Consultant shall prepare an agenda for, distribute notices of the conference, and will conduct a preconstruction conference in the City's offices. The Consultant's project manager, lead inspector and contract administrator will attend the preconstruction conference. The contract administrator will prepare a written record of the meeting. The consultant shall also distribute copies of the minutes to all attendees, affected agencies and others as appropriate. 2.2 Provide one set of preconstruction photographs to the City. Task 3 Construction Services Field 3.1 Provide the services of one full time inspector and supplemental assistants, as needed, on the project site who will observe the technical conduct of the construction, including providing day to day contact with the Contractor and the city. By providing such assistance, the Consultant shall assume no responsibility for proper construction techniques and job site safety. The presence of the Consultant's personnel at the construction site is for the purpose of providing to the [owner] a greater degree of confidence that the completed work will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction contractor(s). The Consultant's personnel shall act in accordance with Section 1 -05.1 and 1 -05.2 of the current WSDOT Standard Specifications (or your state reference). The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor(s), but cannot guarantee the Contractors' performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor(s) and any subcontractors. 3.2 When on site prepare daily construction reports, utilising report forms approved by the City, detailing the contractors operations performed for each day the Consultant is on site; measure the quantities of materials installed, log equipment used, workers on site and other items. 3.3 Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Contractor, including response to related questions from adjacent property owners and the general public. 3.4 Prepare field records and documents to help assure the project is administered in accordance with funding requirements. 3.5 Provide periodic photographs during the course of construction. Photographs to be labeled with date taken and subject matter. 3.6 Coordinate with the contractor provided surveying. 3.7 Punch list. Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punch list' of items to be completed. This will be issued with the Certificate of Substantial Completion, which will be issued by the Consultant. Task 4 Construction Services Field Office 4.1 Day to day construction management: liaison with City on a regular basis to discus project issues and status. 4.2 Plan interpretations. Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. (Note: Consultation with KPG) will be facilitated by CM with inclusion of the City for evaluation of design deviations that may affect performance.) City of Tukwila Scope of Work Page 2 of 3 72 4.3 Weekly meetings. Lead weekly meetings, including preparing meeting minutes and distributing copies of minutes to attendees. Outstanding issues to be tracked on a weekly basis. Contractor to provide a 3 -week look ahead schedule of upcoming work at each meeting. 4.4 Record drawings. Review record drawings prepared by the Contractor. 4.5 Monthly Pay Requests. Consolidate and Prepare monthly requests for payment, review with the City and contractor and approve, as permitted. Utilize City of Tukwila provided format for pay estimates. Task 5 Submittal Processing 5.1 Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other data submitted by the Contractor for compliance with the information required by the contract documents. (Submittals to be transmitted to the Designer KPG for their review.) 5.2 Forward copies of submittals to the City for their information and review. 5.3 Log and track submittals. Provide updates of log to the City on a periodic basis. Task 6 Change Orders 6.1 Change orders. Develop change orders and provide technical assistance to negotiate the change orders. (Note: Change orders that may affect facility performance will be transmitted to the Designer for review and concurrence.) Task 7 Additional Services The services described under this task, and any other additional services requested by the city, will be performed only when authorized by the city. Authorization to perform additional services will be in the form of an addendum to this agreement, specifying the work to be performed, and basis of payment. 7.1 Prepare additional copies of approved drawings, specifications, and other contract documents, either for bidding purposes, or as requested by the City, Contractor, Agencies, or others. 7.2 At the conclusion of the bidding process, prepare a conformed set of drawings and specifications incorporating all addendum's' and distribute. 7.3 Provide assistance to the City if rebidding is necessary. 7.4 Provide record drawings on media other than described previously, including electronic or scanned images of the record drawings. Also, providing additional sets beyond what is specified above. General Notes It is further understood and agreed that because Consultant did not prepare the Contract Documents for the project, Client waives all claims against Consultant arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless from any damage, liability or cost, including reasonable attorneys' fees and defense costs, arising from any errors or omissions contained in the plans, specifications or other Contract Documents prepared by others, except for the negligence or willful misconduct of the Consultant. City of Tukwila Scope of Work Page 3 of 3 73 74 1 N o, 11 O. a I v 1 W umi m O a r N a c 4 5 O I 4 v w o 00 J o u s 1 N Y r I o U N m 1,. m a 7 r o I t Z rn T P W F W W W N d N o m 1 'v v 0 N W to N p •1 Q O� p a [G m N •O m S 0 N O Wi t' �mm O r_ Q• P S U I d 1 P, 0 o m I N y G y to O o N c 11 u L I 1 I vi 1 c O rn n a U w LL d N d A p N U ul N dI Z ro 1 i5 U c o c q a O ui 6 E co m E Q O c m c L W Z d o m N L a M. CL a o p I M o Q Ig, 111 x Citv of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes June 26, 2012 S: 00 p. m. Conference Room I PRESENT Councilmembers: Dennis Robertson, Chair; Joe Duffie and Kate Kruller Staff: Bob Giberson, Frank Iriarte, Greg Villanueva, Ryan Larson, Peter Lau, Gail Labanara and Kimberly Matej CALL TO ORDER: The meeting was called to order at 5:04 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA Items A, B, and C below are in response to the Army Corps of Engineers notification to affected jurisdictions that all repairs have been completed to the Howard Hanson Dam, and the Dam is operating at full potential. A. Howard Hanson Dam Flood Response: Cooperative Agreement Staff is seeking Council approval to enter into a cooperative agreement with King County Flood Control Zone District for completion of emergency flood control /protection measures from the Howard. Hanson Dam, specifically for funding for the removal of such measures (Supersaks and Hesco barriers). This agreement sets forth terms and conditions for reimbursement to the City of Tukwila from the Flood. Control District for 75% of costs (not to exceed $1,611,152) related to Tukwila's portion of the removal of barriers and necessary property restoration. UNANIMOUS APPROVAL. FORWARD TO JULY 9 COW FOR DISCUSSION. B. Howard Hanson Dam Flood Response: Bid Award Staff is seeking Council approval to award a bid to Goodfellows Bros., Inc. in the amount of $1,642,228.99 for the removal of temporary flood control /protection measures that were put in place in 2009 in response to the concerns with the Howard Hanson Dam. The contract also includes property restoration to the levee trail, private property and public rights -of -way. In response to Committee Member inquiries regarding sand disposal, staff explained that all removal components will be the responsibility of the contractor, including sand disposal. City bid documents provided two locations where the sand could be disposed of at no cost. However, ultimately it is contractor choice for disposal. Committee Chair Robertson asked that staff add a table that illustrates the bid award and construction costs to better explain components of the project. UNANIMOUS APPROVAL. FORWARD TO JULY 9 COW FOR DISCUSSION. C. Howard Hanson Dam Flood Response: Construction Management Selection and Agreement Staff is seeking approval to enter into a consultant agreement with Kennedy /Jenks Consultants in the amount of $184,927.93 for construction management services related to the removal of flood \I� control /protection measures. Kennedy /Jenks Consultants were chosen from three short- listed firms off of the MRSC Roster. The agreement calls for construction management services that include construction inspection, stormwater management, environmental and civil engineering, etc. Construction management services were originally included in a dual design/construction management consultant agreement with another vendor; however, construction management concerns resulted in termination of that contract. This agreement cost is within the construction management budget of $200,000. UNANIMOUS APPROVAL. FORWARD TO JULY 9 COW FOR DISCCSSION. 77 w Upcoming Meetings Events July 2012 9th (Monday) 111th (Tuesday) 11th (Wednesday) Y' t1111111u111Y� C T Mie Y' thin Cotta Creek Affairs Pinks Car)cc./k.d Wors. Party Crate, <R -;1 1:00 6:30 P1\1 00 p1\1 49N (11c rar Cir Hall R 1 Y' TD1iR'lla h, tlo� =�,a�1 (1'iihhc Hearing) International ((R -3) CuN 1'ouncilnlember BouleN and r Y' Cit\ Council Actin Crate, Committee of 7:00 F Foster GolfLinks the «"hale 1 Ifi,., (Coininii rh^ 7:00 F,m ('enter) Please RSVP to 'owned Sandra «'biting at hcnrrher.el (Rescheduled 206 -431 -3663 Deadline for mail -in registration and address changes with King County Elections for election on August 7, 2012. 12th (Thursday-) 13th (Friday) 14th (Saturday-) r Equit\ Council Coffee Chat DiN ersit 111:1111 AA1 to commission, Parkas �:IJ F'I\I 12:1111 NoH1N <R -;1 Southeenter Reschedided 49N and Jan Family 5:00 p1v1 Subarea Plan Stop bN, and intbnuallN- (1'iihhc Hearing) talk «ith a Tub ((R -3) CuN 1'ouncilnlember (l 'oinin mh' about any thin_ oll 5 -our Series mind resardins Tuk«ila. Cclircr) Foster GolfLinks FREE fanulNRini Clubhouse (13500 Interurban_ veS) Deadline to register our garage sale for inclusion in Communit\ (garage Sale adNertising. C'oininii rh ^garage sale ro he held iigiisrIN 16th (Monday) 17th (Tuesday) 18th (Wednesday) 19th (Thursday) 20th (Friday) 21st (Saturday) r CiNil SerN ice Open House Parkas r Planning Peanut Butter Commission, Southeenter Commission, Commission, and Jan Family 5:00 p1v1 Subarea Plan 5:30 F (1'iihhc Hearing) Entertainuuent ((R -3) (l 'oinin mh' 6:30 F Series Re- schc,hik -d Cclircr) (Council FREE fanulNRini Chanrher.$) 12 :00 Noon r Library (Rescheduled onvnunth t_'enter Adsisory .111/Y 26' bYtheSlr n'Peoh) Y' Transportation This lseeli: Crate, 11:30 r1I\1 1:30 PI\I Board, Casper BahN pants 3:1J F'IvI ilhertLee 7:00 F,m y Tukwila CR 11 1 (F>srerLihrai.v) Historical 404 FREE Sununuer StlClet�`, Outdoor Cinema Y' City Council 7 :00 Fm Series Regular �,1tg., (Tidni da Heritage Donation of hvo Lion 7:00 F,m r Finance Cultural cans od per 1 C'ntU7c7l S a�tetp Conte, Center, tanuh member henrrhersl 1 S') requested to support ((R -3) the Tukvda Food Pantn Y Tukwila (1',nnnnon Center) Metropolitan Moyne starts at Park District dusk. Board of TodaN's mode: commissioners hers Hugo fleeting, Concessions 8:00 F'I\1 available. ((_�/17owd llln- �c -1/1 stern... l 'hU777hc7'.e) msidc m the c� -ant „f m ✓lcmcnt�rcathcr 1 r City Council C'on nuittee of «mole (C.C).« AIeetinng: 2nd 4th Mon., 7:1111 F'Iv1, Council Chambers at Cits Hall. i City Council Regular Meeting: 1st 3rd Mon., 7:00 F Council Chambers at City- Hall. i 0 Ser -,ice Conmussion: 1st Mon., 3:00 Ell Coat Room —3. ConarcrLon (Winaii err '06 -433 jN_.. r C'onuuunity Affairs Parks Con nnittee: 2nd 4th Mon., 3:00 F Conf: Room (_l) Bid airard for TO, rda Conrnnunry Center SI�I'ul' Pork selrel' cnnnechnn. (BI Lrnr densrh° re.wdenhol /Inc he(�ht standard. RenelrUl nt n7edrCUl CU77nuhls cnllechve gardens inoraroni ni. r EquitN Di-,ersity C'onuuission: 1st Thurs., 5:15 F Conf: Room 3. C'nntactJrn °ce Tranhna at U(,- -I,S �U. i Finance Safet Committee: 1st 3rd Tues., 3:13 E Conf: Room —3 r Human Sen-,lces AdN!sory Brd: 2nd Fri. of es en months, 10:00 aivl, Human Sen ices fice. ('ontactEvie Borkan art_ Uh- I,�U. i Librani- AdNlsory Board: 3rd «red., 7:oo E Foster Liliany l 'ontact <<tehhame l iardner at _JUP h i Parks Commission: 3rd «Ved., 3:30 F Senior Game Room at Commu nitv Center. ('onarctDave .Iohnson at _Uh- f -Z3UN. i Planning Commission /Board of Architectural ReNlens 4th Thurs., except 2nd Thursda in Nos. Dec., 6:30 F`I\I, Council Chambers at City Hall. ('onager -131 -3f U. i Transportation Committee: 1st cl?z 3rd Mon., 3:00 Elm, Conf: Room —1 i Tukwila Historical Society: 3rd Thurs., 7:00 F Tukwila Heritage Cultural Center, 14473 39 AN cane S. l 'ornracrl'arBrodm ar '06-433-I N61. i Tukwila Int'l. BIN-d. Action Conte: 2nd Tues., 7:00 F Tukwila Conununity Center. l 'onracr Chict i illa ar 206- 433 -1,N1 i. r iTtilities Conuuittee: 2nd cl?z 4th Tues., 3:00 F Conf: Room 79 Tentative Agenda Schedule MONTH July August MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. 2 9 16 23 See agenda packet AUUllintlllenk Suecial f`retientation: corer Sheet for this Equity and Diver4ry Presentation h om week's agenda l'onmtission Bhutulese ([11/ `I, 201 reappointments. conunuiuty members. innmittee oft7l W71,6, Bid Aw�ud: Presentationh um leetin, i. Bid award for Howard 4t regarding Hanson Ikon— public au t and c removal of flood ultural art. control meal ureS. TTnhnislhed Business: l'ontract for Seattle hArT, IT\ LITTEE uF THE Express Shuttle WHO F MEETIT 1i' TO services. BE R CLVw'EC M A How Hmil on Dam: SrPE, T AL MEETII I, -Cooperative agreement with king I_ ounty. A�Teement for coiiStructioii manage- ment tier vic eti. 6 13 20 27 Sriecill Presentation: Fifth 1,Tade poster contest New Business: An ordinmce for the North Highline Aiuleation. l '01\ i T THE WHi I F, MEETIl Ali To BE Fu1,1, �bWEP M A SI'Ei TAL MEETIl 1,,' RE