HomeMy WebLinkAboutCOW 2012-07-23 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
To be followed by a Special Meeting
Monday, July 23, 2012, 7:00 PM
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
Tukwila City Hall Council Chambers
2. SPECIAL a. Presentation from Bhutanese community members.
PRESENTATIONS Mike V111a, Po /ice Chief.
b. Presentation from 4Culture regarding public art and cultural art.
Jim Kelly, Executive Director, and Charlie Rathbone, Program Manager.
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. PUBLIC HEARING An ordinance renewing the moratorium on medical cannabis collective Pg.1
gardens or dispensaries.
5. SPECIAL
ISSUES
6. REPORTS
7. MISCELLANEOUS
S. EXECUTIVE SESSION
a. An ordinance renewing the moratorium on medical cannabis collective Pg.1
gardens or dispensaries.
b. Southcenter Parkway Extension Project: Pg.29
1. A contract for construction management services with Pg.37
Anchor QEA, LLC.
2. A contract for construction management services with Pg.49
David Evans and Associates.
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
9. ADJOURN TO SPECIAL MEETING
(continued...)
x
COMMITTEE OF THE WHOLE MEETING
Monday, July 23, 2012
Page 2
SPECIAL MEETING
Ord #2379 Res #1772
1. CALL TO ORDER ROLL CALL
2. CONSENT AGENDA Approval of Vouchers.
3. UNFINISHED a. Authorize the Mayor to sign a contract with Anchor QEA, LLC for Pg.37
BUSINESS construction management services (to finalize the construction and
project close -out) for the Southcenter Parkway Extension Project, in
the amount of $79,218.00.
b. Authorize the Mayor to sign a contract with David Evans and Pg.49
Associates for construction management services (for final surveying
and as -built plans) for the Southcenter Parkway Extension Project, in
the amount of $60,878.00.
4. 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. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
Initials ITEMNO.
Meetin -q Date Prepared by Mayor's review Cp641 review A
07/23/12 BM L.
08/06/12 BM
i 5.A.
ITEM INFORMATION
STAFF SPONSOR: NORA GIERLOFF I ORIGINAL AGENDA DATE: 7/23/12
AGENDA ITEM TITLE Renewal of a moratorium on medical cannabis collective gardens and dispensaries.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 07123112 Mtg Date Mt g Date Mtg Date 816112 Mtg Date Mtg Date 07123112 Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW
SPONSOR'S On August 15, 2011, the City Council enacted City Council Ordinance No. 2348, which
SUMMARY established a one year moratorium on medical cannabis collective gardens and
dispensaries. The established moratorium is set to expire at midnight on August 14, 2012.
Staff is proposing to renew the moratorium for an additional year.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 07/09/12 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
CoMMrrrrE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED
$0
Fund Source: N/A
Comments: N/A
MTG. DATE
07/23/12 i
MTG. DATE
07/23/12
AMOUNT BUDGETED
$0
APPROPRIATION REQUIRED
$0
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 7/2/12
Draft Ordinance renewing the moratorium
Ordinance No. 2348
Informational Memorandum dated August 8, 2011
WCIA Risk Management Bulletin
Minutes from the July 9, 2012 Community Affairs and Parks Committee meeting
08/06/12
2
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, DCD Director
BY: Nora Gierloff, Deputy Director
Brandon Miles, Senior Planner
DATE: July 2, 2012
SUBJECT: Renewal of Moratorium on Medical Cannabis Collective Gardens and
Dispensaries
ISSUE
Should the City renew a moratorium on medical cannabis collective gardens and dispensaries?
BACKGROUND
On August 15, 2011, the City Council enacted City Council Ordinance No. 2348, which
established a one year moratorium on medical cannabis collective gardens and dispensaries.
The established moratorium is set to expire at midnight on August 14, 2012.
The memo that was presented to the City Council as part of the review of Ordinance No. 2348 is
included as an attachment to this memo. In that memo, staff outlined the various conflicts
between State and Federal Laws. Additionally, as the Council is aware, the Washington Cities
Insurance Authority (WCIA) issued a risk management bulletin emphasizing the need for cities
to proceed cautiously in dealing with collective gardens and dispensaries. City staff had hoped
that the State Legislature would provide clarity in the laws governing such uses; however, this
was not done in the last session. There are also several relevant initiatives that may be on the
November ballot. Should any of these pass, it would likely require that the legislature intervene
and provide needed clarification in the laws governing collective gardens and dispensaries.
DISCUSSION
Given that the City does not know how the proposed initiatives would impact the City's land use
regulations, it would seem prudent to wait until after the November election and after the next
legislative session before regulation of collective gardens and dispensaries.
FINANCIAL IMPACT
None
RECOMMENDATION
The Committee is being asked to forward the Ordinance to the July 23, 2012 Committee
of the Whole meeting for a public hearing and discussion. Final action on the
Ordinance could occur at the August 6, 2012 Regular Council meeting.
ATTACHMENTS
Draft Ordinance
Ordinance No. 2348
Staff Memo dated August 8, 2011
WCIA Risk Management Bulletin
3
El
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A 12 -MONTH MORATORIUM WITHIN THE
CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION,
LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED
TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB
5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE
OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; REPEALING ORDINANCE NO. 2348; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to
RCW 35A.63.220; and
WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No.
2348, which declared an emergency necessitating the immediate imposition of a
moratorium on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington; and
WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public
hearing and heard testimony regarding the City's moratorium, and following the public
hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to
justify the moratorium adopted by Ordinance No. 2348; and
WHEREAS, after adoption of the City's moratorium, and despite calls from other
Washington State cities, the Washington State Legislature has failed to provide
clarification on the statutes relating to cannabis collective gardens and /or dispensaries;
and
WHEREAS, several initiatives are currently pending with the Washington Secretary
of State's Office addressing the issue of cannabis, and
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WHEREAS, the moratorium adopted by Ordinance No. 2348 will expire before the
initiatives go before the people of the State of Washington and, if adopted, before the
initiatives would be enacted into law; and
WHEREAS, the City is not in the position to expend scarce resources in developing
regulations that may be rendered obsolete in a very short time, based on action taken
at the State level; and
WHEREAS, the City desires to wait for the outcome of the vote on these initiatives
and, if passed by the people, to determine any impact these initiatives may have (either
directly or indirectly) on requirements relating to cannabis collective gardens and /or
dispensaries;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Renewed. The City hereby renews the moratorium
previously imposed on the establishment, location, operation, licensing, maintenance or
continuation of medical cannabis collective gardens or dispensaries, asserted to be
authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised
Code of Washington, or any other laws of the State of Washington.
Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate
public notice, a public hearing was held on July 23, 2012 to hear testimony regarding
the City's moratorium.
Section 3. Duration. The moratorium renewed herein shall be in effect until
August 14, 2013, unless extended by the City Council, pursuant to State law.
Section 4. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
A. "Medical marijuana dispensary" means any business, agency, organization,
cooperative, network, consultation operation, or other group or person, no matter how
described or defined, including its associated premises and equipment, which has for
its purpose or which is used to grow, select, measure, package, label, deliver, sell, or
otherwise transfer (for consideration or otherwise) marijuana for medical use. One
individual person who is the designated provider for only one qualified patient during
any 15 -day period and who complies with Chapter 69.51A RCW, shall not be deemed a
medical marijuana dispensary for the purposes of this moratorium.
B. "Medical marijuana collective garden" means a group of qualifying patients that
share responsibility for acquiring and supplying the resources required to produce and
process marijuana for medical use. Examples of collective garden resources would
include, without limitation, the following: property used for a collective garden; or
equipment, supplies, and labor necessary to plant, grow and harvest marijuana;
marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary
for proper construction, plumbing, wiring, and ventilation of a garden of marijuana
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plants. A medical marijuana collective garden shall satisfy the above definition
regardless of its formation, ownership, management, or operation as a business,
agency, organization, cooperative, network, consultation operation, group, or person.
One individual person who is the designated provider for only one qualified patient
during any 15 -day period and who complies with Chapter 69.51A RCW, or an individual
person who is a qualified patient and who complies with 69.51A RCW, shall not be
deemed a medical marijuana collective garden for the purposes of this moratorium.
Section 5. No Non conforming Uses. No use that constitutes or purports to be a
medical marijuana dispensary or medical marijuana collective garden as those terms
are defined in this ordinance, that was engaged in that activity prior to the enactment of
this ordinance shall be deemed to have been a legally established use under the
provisions of the Tukwila Municipal Code and that use shall not be entitled to claim
legal non conforming status.
Section 6. Adoption of Findings of Fact. The City Council adopts the findings of
facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas"
clauses contained herein.
Section 7. Work Program. The Director of Community Development and /or
his /her designee is hereby authorized and directed to address issues related to
determining the legality of medical marijuana dispensaries, production facilities, and
processing facilities including but not limited to review of the pending dispute between
state and federal law enforcement authorities regarding the legality of medical
marijuana under any circumstances and notwithstanding the enactment by the
legislature of RCW 69.51A. In the event that such uses are ultimately determined to be
legal, the work program should also develop appropriate land use regulations pursuant
to the newly amended law for review and recommendation for inclusion in the zoning
regulations or other provisions of the Tukwila Municipal Code. The Finance Director
and /or his /her designee is hereby authorized and directed to develop appropriate
business licensing and other regulations pursuant to the newly amended law for review
and recommendation for inclusion in the zoning regulations or other provisions of the
Tukwila Municipal Code.
Section 8. Repealer. Ordinance No. 2348 is hereby repealed.
Section 9. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors, references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
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Section 11. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 1 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Cl of u la
Washington
Ordinance No. ;3 q F
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A 12 -MONTH MORATORIUM WITHIN THE
CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION,
LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL
CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED
TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB
5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE
OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF
WASHINGTON; SETTING A DATE FOR A PUBLIC HEARING ON THE
MORATORIUM; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the possession or distribution of cannabis (marijuana) has been and
continues to be a violation of state law pursuant to Chapter 69.50 Revised Code of
Washington (Washington's Uniform Controlled Substances Act), and federal law,
through the Controlled Substances Act "CSA and
WHEREAS, Initiative Measure No. 692, approved by the voters of Washington
State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a
limited defense to marijuana charges under state, not federal, law if the person charged
could demonstrate that he or she was a qualifying patient or designated provider as
those terms are defined in Ch. 69.51A RCW; and in 2007, the state legislature
amended the law; and in 2011 the state legislature passed a third amendment to the
law, E2SSB 5073, Chapter 181, Laws of 2011, portions of which the Governor vetoed,
and the newly amended law took effect on July 22, 2011; and
WHEREAS, prior to issuing her partial veto, the Governor received a letter signed
by Washington's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan, and in their
letter they wrote that marijuana is a Schedule I controlled substance under federal law
and, as such, "growing, distributing and possessing marijuana in any capacity, other
than as part of a federally authorized research program, is a violation of federal law
regardless of state laws permitting such activities;" and these U.S. Attorneys also
concluded, "state employees who conducted activities mandated by the Washington
legislative proposals would not be immune from liability under the CSA"; and
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WHEREAS, because the Governor vetoed 36 of the 58 sections of the legislature's
bill amending Chapter 69.51A RCW, the law, in its final form, understandably has
inconsistencies and ambiguities; for example, certain sections that were not vetoed
make reference to other sections that were vetoed; and
WHEREAS, the recent amendments to Chapter 69.51A RCW change the scope
and effect of the law, including new sections that affect the rights of qualifying patients
and their designated providers; and the law now allows "collective gardens" that provide
for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients,
and provides other changes to the rights and responsibilities of medical marijuana
patients and their designated providers; and
WHEREAS, the new law, however, clearly delegates to cities the authority to
implement zoning requirements, business licensing requirements, health and safety
requirements, and business taxes as those requirements and taxes relate to the
production, processing, or dispensing of medical marijuana; and in particular, local
regulations could address ambiguities concerning the location and operation of
collective gardens, and ensure that provisions related to designated providers are not
used to establish a de facto dispensary when the authority for such uses was vetoed;
and
WHEREAS, the City Council requires time to conduct appropriate research to
understand the extent of the changes provided in the new law, to analyze impacts and
potential liabilities under federal law, and to determine an appropriate regulatory
framework for any new uses that are allowed under these laws; and
WHEREAS, the City must ensure that proposed locations for these operations are
appropriate and that any potential secondary impacts arising from the operation of
these uses or facilities are minimized and mitigated; and these secondary impacts may
include, but are not limited to, burglaries associated with the cash and marijuana
maintained on the site, or an increase of other illegal activities, such as drug use, within
the vicinity of these dispensaries; and
WHEREAS, in particular, and without limitation, staff should analyze the impacts of
allowing these uses and facilities in residential zones as well as impacts arising from
the proximity of these uses and facilities to schools, daycares, parks, religious and
cultural facilities, jails and courthouses; and accordingly, the City Council finds that a
zoning, licensing, and permitting moratorium should be established pending local
review of appropriate locations and design requirements of these operations and
impacts of the newly amended law and its interaction with federal law; and
WHEREAS, although the City Council determines that a moratorium is necessary
for the reasons established above, the City Council emphasizes that it understands the
needs of persons suffering from debilitating or terminal conditions, as well as the
benefits that approved medical use of marijuana may provide these persons;
nevertheless, given the complex legal and regulatory framework surrounding this issue,
a moratorium remains necessary until the City Council can adequately address the
competing interests at play;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Preliminary Findings. The recitals and findings set forth above are
hereby adopted as the City Council's preliminary findings in support of the moratorium
imposed by this ordinance. The City Council may, in its discretion, adopt additional
findings at the conclusion of the public hearing referenced in Section 6 below.
Section 2. Moratorium Imposed. Pursuant to the provisions of Article 11,
Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW
36.70A.390, a moratorium is hereby enacted prohibiting within the City of Tukwila, the
establishment, location, operation, licensing, maintenance, or continuation of any
medical cannabis collective garden or any medical marijuana dispensary, whether for
profit or not for profit, asserted to be authorized or actually authorized under E2SSB
5073, Chapter 181, Laws of 2011, Chapter 69.51A RCW, or any other laws of the state
of Washington. No building permit, occupancy permit, or other development permit or
approval shall be issued for any of the purposes or activities listed above, and no
business license shall be granted or accepted while this moratorium is in effect. Any
land use permits, business licenses or other permits for any of these operations that are
issued as a result of error or by use of vague or deceptive descriptions during the
moratorium are null and void and without legal force or effect.
Section 3. Definitions. As used in this ordinance, the following terms have the
meanings set forth below:
A. "Medical marijuana dispensary" means any business, agency, organization,
cooperative, network, consultation operation, or other group or person, no matter how
described or defined, including its associated premises and equipment, which has for
its purpose or which is used to grow, select, measure, package, label, deliver, sell, or
otherwise transfer (for consideration or otherwise) marijuana for medical use. One
individual person who is the designated provider for only one qualified patient during
any 15 -day period and who complies with Chapter 69.51A RCW, shall not be deemed a
medical marijuana dispensary for the purposes of this moratorium.
B. "Medical marijuana collective garden" means a group of qualifying patients that
share responsibility for acquiring and supplying the resources required to produce and
process marijuana for medical use. Examples of collective garden resources would
include, without limitation, the following: property used for a collective garden; or
equipment, supplies, and labor necessary to plant, grow and harvest marijuana;
marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary
for proper construction, plumbing, wiring, and ventilation of a garden of marijuana
plants. A medical marijuana collective garden shall satisfy the above definition
regardless of its formation, ownership, management, or operation as a business,
agency, organization, cooperative, network, consultation operation, group, or person.
One individual person who is the designated provider for only one qualified patient
during any 15 -day period and who complies with Chapter 69.51A RCW, or an individual
person who is a qualified patient and who complies with 69.51A RCW, shall not be
deemed a medical marijuana collective garden for the purposes of this moratorium.
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Section 4. No Non conforming Uses. No use that constitutes or purports to be a
medical marijuana dispensary or medical marijuana collective garden as those terms
are defined in this ordinance, that was engaged in that activity prior to the enactment of
this ordinance shall be deemed to have been a legally established use under the
provisions of the Tukwila Municipal Code and that use shall not be entitled to claim
legal non conforming status.
Section 5. Effective Period for Moratorium. The moratorium set forth in this
ordinance shall be in effect for a period of 12 months from the date this ordinance is
passed and shall automatically expire at the conclusion of that 12 -month period unless
the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless
terminated sooner by the City Council.
Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390,
the City Council will hold a public hearing at the City Council's regular meeting at 7:00
p.m. in Council Chambers on October 3, 2011, or as soon thereafter as the business of
the City Council shall permit, and which date is no more than 60 days after the date of
adoption herein, in order to take public testimony and to consider adopting further
findings.
Section 7. Work Program. The Director of Community Development and /or
his /her designee is hereby authorized and directed to address issues related to
determining the legality of medical marijuana dispensaries, production facilities, and
processing facilities including but not limited to review of the pending dispute between
state and federal law enforcement authorities regarding the legality of medical
marijuana under any circumstances and notwithstanding the enactment by the
legislature of RCW 69.51A. In the event that such uses are ultimately determined to be
legal, the work program should also develop appropriate land use regulations pursuant
to the newly amended law for review and recommendation for inclusion in the zoning
regulations or other provisions of the Tukwila Municipal Code. The Finance Director
and /or his /her designee is hereby authorized and directed to develop appropriate
business licensing and other regulations pursuant to the newly amended law for review
and recommendation for inclusion in the zoning regulations or other provisions of the
Tukwila Municipal Code.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
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Section 10. Effective Date. The City Council hereby finds and declares that there
is a potential that persons seeking to engage in marijuana collective garden or
dispensary uses could claim vesting under E2SSB 5073 and /or that the presence of
any marijuana collective gardens in the City of Tukwila could have negative secondary
effects if not first addressed by adequate and appropriate regulations, and that,
therefore, an emergency exists which necessitates that this ordinance become effective
immediately in order to preserve the public health, safety and welfare. This ordinance
shall become effective immediately upon passage. The City Clerk is directed to publish
a summary of this ordinance at the earliest possible publication date.
PASSED BY THE CITY COUNCIL,OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of
2011.
ATTES j
Christy O'F1 erty, CIVIC, City Clerk
APPRO� F RM BY:
Shy M_
ke, Attorney
Ji ggerl:02106r
Filed with the City Clerk: CY -f o•-
Passed by the City Council���
Published:
Effective Date: e[ S .e C
Ordinance Number:
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14
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Tukwila City Council
FROM: Jack Pace, Community Development Director
DATE: August 8, 2011
SUBJECT: Moratorium on Medical Cannabis Collective Gardens and Dispensaries
ISSUE
Should a moratorium on medical cannabis collective gardens and dispensaries be enacted?
BACKGROUND
The voters of Washington State passed initiative Measure No. 692 on November 30, 1998
allowing for the medical use of marijuana (cannabis). This has been codified as RCW Ch.
69.51A and created a limited defense to charges under state, not federal, law if the person
charged can demonstrate that he or she was a qualifying patient or designated provider. In
2007, the state legislature amended the law, and again in 2011, the state legislature passed a
third amendment to the law, portions of which the Governor vetoed. The newly amended law
took effect on July 22, 2011.
These recent amendments to RCW 69.51A change the scope and effect of the law affecting the
rights of qualifying patients and their designated providers. The law now allows "collective
gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10
qualifying patients. The new law, however, clearly delegates to cities the authority to implement
zoning requirements, business licensing requirements, health and safety requirements, and
business taxes as those requirements and taxes relate to the production, processing, or
dispensing of medical marijuana. In particular, local regulations could address ambiguities
concerning the location and operation of collective gardens, and ensure that provisions related
to designated providers are not used to establish a de facto dispensary when the authority for
such uses was vetoed.
Despite this legislation the possession or distribution of cannabis has been and continues to be
a violation of state law pursuant to RCW 69.50 (Washington's Uniform Controlled Substances
Act), and federal law, through the Controlled Substances Act "CSX). Washington's two U.S.
Attorneys state that marijuana is a Schedule I controlled substance under federal law and, as
such, "growing, distributing and possessing marijuana in any capacity, other than as part of a
federally authorized research program, is a violation of federal law regardless of state laws
permitting such activities." These U.S. Attorneys also concluded, "state employees who
conducted activities mandated by the Washington legislative proposals would not be immune
from liability under the CSA."
15
INFORMATIONAL MEMO
Page 2
DISCUSSION
The Washington Cities Insurance Authority (WCIA) has issued an update to its earlier risk
management bulletin emphasizing the need for cities to proceed cautiously in this uncharted
area, see Attachment 2. Given the contradictory legal framework and the lack of clarity in RCW
69.51A the City of Tukwila needs additional time to study the issue and analyze the impacts of
allowing these uses and facilities in residential zones as well as impacts arising from the
proximity of these uses and facilities to schools, daycares, parks, religious and cultural facilities,
jails and courthouses.
Establishing a moratorium on these uses would allow the City time to perform this analysis and
develop a legally sound approach to the issue. Within 60 days of adoption of the moratorium the
City is required to hold a public hearing.
RECOMMENDATION
The Council is being asked to approve this ordinance for a 12 -month period, which will become
effective immediately, at the August 15, 2011 Regular Meeting. A public hearing will be
conducted on October 3, 2011.
ATTACHMENTS
Moratorium Ordinance
WCIA Risk Management Bulletin
WA2011 Info Memos \MadjuanacollectiveGardens.dcc
16
Risk Management Bulletin
Administration #46
June, 2011
Medical Mariivana Law: Post 2011 Washinuton Legislative Session
By Mark R. Bucklin, WCIA General Counsel
Keating Bucklin McCormack, Inc. P.S.
A WCIA Risk Management Bulletin was issued 12/28/2010 addressing the then existing state of
the law regarding medical marijuana in Washington and the rise of business license applications
for medical marijuana "Dispensaries" across the state. In short, the Bulletin concluded that such
"dispensaries" were not legal under the law at that time as they inevitably involved the
possession and sale of marijuana not allowed by law. It was recommended that business license
applications for dispensaries be denied or revoked. The Bulletin predicted that the topic would
be addressed in the 2011 Washington State Legislative Session and changes could occur. The
topic did arise, legislation was passed and then the legislation was partially vetoed by the
Governor. This Bulletin Supplement will address the law as it now exists, post 2011 Legislative
Session.
In April 2011, the Washington State Legislature passed Engrossed Second Substitute Senate Bill
5073 through both houses amending Initiative 692 and sent it on to the Governor for signature
into law. The bill, as passed, offered sweeping changes to the medical marijuana law in
Washington and would have put in place a regulatory licensing scheme for the growth and
distribution of medical marijuana through licensed dispensaries to "qualified patients" who had
been designated as such by their "health care professionals." The production and sale of medical
cannabis and the dispensing standards would have been under regulation by the State
Department of Health. Dispensers could sell seeds, plants, usable cannabis, and cannabis
products directly to qualifying patients. The bill also provided for optional "collective gardens"
where individuals who were qualified patients, or their individual providers, could grow for their
own use medical marijuana collectively so long as the participants did not exceed 10 in number
or more that 15 plants per person and up to 45 plants total.
Before the Governor could sign the bill, the U.S. Attorney's in Seattle and Spokane sent the
Governor an advisory letter, (which she had solicited) approved by U.S. Attorney General
Holder, warning and advising the Governor that substantial portions of the bill approved by the
Legislature was in direct conflict with Federal Drug Laws and that state employees could be at
risk of federal prosecution for aiding and abetting illegal drug possession and sale if they
processed licenses for production and sale of medical cannabis under the proposed new bill. The
letter of April 14, 2011 to Governor Gregoire signed by U.S Attorney Jenny Durkin and U.S.
Attorney Michael Ormsby stated, in part:
"The Washington legislative proposals will create a licensing scheme that permits large
scale marijuana cultivation and distribution. This would authorize conduct contrary to
federal law and thus, would undermine the federal government's efforts to regulate the
possession, manufacturing and trafficking of controlled substance. Accordingly, the
Department could consider civil and criminal legal remedies regarding those who set up
17
marijuana growing facilities and dispensaries as they will be doing so in violation of federal
law. Others who knowingly facilitate the action of the licensees, including property owners,
landlords, and financier should also know that their conduct violates federal law. In
addition, state emplovees who conducted activities mandated by the Washington legislative
proposals would not be immune from liability under the CSA (controlled substances act)."
(emphasis added).
Citing this letter, Governor Gregoire issued a partial veto of ESSSB 5073 on April 29, 2011.
The Governor vetoed all the new sections dealing with the state licensing of production and
licensed dispensing of medical marijuana. The portions of the bill not vetoed and signed by
Governor Gregoire amend the original medical marijuana Initiative 692 passed by the people.
So, the question becomes: What is left of ESSSB 5073 after the line item veto of the Governor?
What Are the Significant Changes in the Law Under ESSSB 5073 as Sinned?
New stronger protections to qualified medical marijuana users and providers from
criminal arrest, prosecution and conviction.
Previously qualified users and providers were given an affirmative defense to assert at
trial if they were charged with a marijuana crime. Now, sec. 401 of the new act provides:
"Sec. 401 The medical use of cannabis in accordance with the terms and conditions
of this chapter does not constitute a crime and a qualifying patient or designated
provider in compliance with the terms and conditions of this chapter may not be
arrested, prosecuted, or subject to other criminal sanctions or civil
consequences, for possession, manufacture, or delivery of, or for possession with
intent to manufacture or deliver, cannabis under state law, or have real or
personal property seized or forfeited
Section 102 of the new act states:
"(a) Qualifying patients with terminal or debilitating ((illnesses)) medical conditions
who, in the judgment of their health care professionals, may benefit from the medical
use of ((marijuana)) cannabis, shall not be ((found guilty of a crime under state
law for their possession and limited use of marijuana)) arrested, prosecuted, or
subject to other criminal sanctions or civil consequences under state law based
solely on their medical use of cannabis, notwithstanding any other provision of law;
(b) Persons who act as designated providers to such patients shall also not be ((found
guilty of a crime under state law for)) arrested, prosecuted, or subject to other
criminal sanctions or civil consequences under state law, notwithstanding any other
provision of law, based solely on their assisting with the medical use of ((marijuana))
cannabis;..."
Letter attached
Z Partial veto letter attached
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Author's Supplemental Note: Did the act, as partially vetoed, really make medical
marijuana possession and use exempt from arrest and prosecution? It has been
pointed out that section 401 may have been intended to only relate to those qualified
users who obtained registry cards provided in Sec. 401(2) and Sec. 901. The
Governor vetoed Sec. 901 which would have created the State Registry system. Does
the Sec. 102's similar language stand alone and reach the same result? If not, then the
language of Sec. 402(1) and (2) which provides an affirmative defense to criminal
arrest and charges for qualified patients who do not have registry cards may be the
operative law. Court decisions may have to clarify this issue.
2. Health Care Professionals are given greater protection but with greater restrictions
regarding issuing "valid documentation" to qualifying patients authorizing medical
use of cannabis.
a. Health Care Professionals have been given the same protections as qualifying
patients and providers as noted above. (Sec 301 (1))
b. The new act states:
"Sec. 301(2)(a) A health care professional may only provide a patient with valid
documentation authorizing the medical use of cannabis or register the patient with
the registry established in section 901 of this act if he or she has a newly initiated
or existing documented relationship with the patient, as a primary care provider or
a specialist, relating to the diagnosis and ongoing treatment or monitoring of the
patient's terminal or debilitating medical condition, and only after:
(i) Completing a physical examination of the patient as appropriate, based on
the patient's condition and age;
(ii) Documenting the terminal or debilitating medical condition of the patient
in the patient's medical record and that the patient may benefit from treatment
of this condition or its symptoms with medical use of cannabis;
(iii) Informing the patient of other options for treating the terminal or
debilitating medical condition; and
(iv) Documenting other measures attempted to treat the terminal or
debilitating medical condition that do not involve the medical use of cannabis.
(b) A health care professional shall not:
(i) Accept, solicit, or offer any form of pecuniary remuneration from or to a
licensed dispenser, licensed producer, or licensed processor of cannabis
products;
(ii) Offer a discount or any other thing of value to a qualifying patient who is a
customer of, or agrees to be a customer of, a particular licensed dispenser,
licensed producer, or licensed processor of cannabis products;
(iii) Examine or offer to examine a patient for purposes of diagnosing a
terminal or debilitating medical condition at a location where cannabis is
produced, processed, or dispensed;
(iv) Have a business or practice which consists solely of authorizing the
medical use of cannabis;
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19
(v) Include any statement or reference, visual or otherwise, on the
medical use of cannabis in any advertisement for his or her business or
practice; or
(vi) Hold an economic interest in an enterprise that produces, processes,
or dispenses cannabis if the health care professional authorizes the
medical use of cannabis.
(3) A violation of any provision of subsection (2) of this section constitutes
unprofessional conduct under chapter 18.130 RCW."
3. Use of medical cannabis at work or in jails requires no accommodation and may be
prohibited. Drug free work places may be continued. Medical insurance is not
required to cover medical cannabis. Medical cannabis may not be smoked in public
but it is now an infraction, not a crime. Persons under supervised probation or
parole may be prohibited from the use medical cannabis. The use of medical
cannabis is not a defense to Driving Under the Influence.
"Sec. 501. RCW 69.51A.060 and 2010 c 284 s 4 are each amended to read as
follows:
(1) It shall be a ((misdemeanor)) class 3 civil infraction to use or display
medical ((marijuana)) cannabis in a manner or place which is open to the
view of the general public.
(2) Nothing in this chapter ((requires any health insurance provider)) establishes a
right of care as a covered benefit or requires any state purchased health care as
defined in RCW 41.05.011 or other health carrier or health plan as defined in Title
48 RCW to be liable for any claim for reimbursement for the medical use of
((marijuana)) cannabis. Such entities may enact coverage or noncoverage criteria
or related policies for payment or nonpayment of medical cannabis in their sole
discretion.
(3) Nothing in this chapter requires any health care professional to authorize the
medical use of ((medical marijuana)) cannabis for a patient.
(4) Nothing in this chapter requires any accommodation of any on- site medical
use of ((marijuana)) cannabis in any place of employment, in any school bus or on
any school grounds, in any youth center, in any correctional facility, or smoking
((medical marijuana)) cannabis in any public place ((as that term is defined in
RCW 70.160.020)) or hotel or motel.
(5) Nothing in this chapter authorizes the use of medical cannabis by any person
who is subject to the Washington code of military justice in chapter 38.38 RCW.
(6) Employers may establish drug -free work policies. Nothing in this chapter
requires an accommodation for the medical use of cannabis if an employer has a
drug -free work place."
"Sec. 1105. (1)(a) The arrest and prosecution protections established in section
401 of this act may not be asserted in a supervision revocation or violation
hearing by a person who is supervised by a corrections agency or department,
including local governments or jails, that has determined that the terms of this
section are inconsistent with and contrary to his or her supervision.
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20
(b) The affirmative defenses established in sections 402, 405, 406, and 407 of this
act may not be asserted in a supervision revocation or violation hearing by a
person who is supervised by a corrections agency or department, including local
governments or jails, that has determined that the terms of this section are
inconsistent with and contrary to his or her supervision.
(2) The provisions of RCW 69.51A.040 and sections 403 and 413 of this act do
not apply to a person who is supervised for a criminal conviction by a corrections
agency or department, including local governments or jails, that has determined
that the terms of this chapter are inconsistent with and contrary to his or her
supervision.
(3) A person may not be licensed as a licensed producer, licensed processor of
cannabis products, or a licensed dispenser under section 601, 602, or 701 of this
act if he or she is supervised for a criminal conviction by a corrections agency or
department, including local governments or jails, that has determined that
licensure is inconsistent with and contrary to his or her supervision."
"Sec. 501(8) (8) No person shall be entitled to claim the ((affirmative defense
provided in RCW 69.5 1 A.040)) protection from arrest and prosecution under
RCW 69.51A.040 or the affirmative defense under section 402 of this act for
engaging in the medical use of ((marijuana)) cannabis in a way that endangers the
health or well -being of any person through the use of a motorized vehicle on a
street, road, or highway, including violations of RCW 46.61.502 or 46.61.504, or
equivalent local ordinances."
4. A "designated provider" who has been terminated by a "qualified patient" cannot
become a designated provider for another qualified patient until 15 days have
elapsed.
"Sec. 404. (1) A qualifying patient may revoke his or her designation of a specific
provider and designate a different provider at any time. A revocation of
designation must be in writing, signed and dated. The protections of this chapter
cease to apply to a person who has served as a designated provider to a qualifying
patient seventy -two hours after receipt of that patient's revocation of his or her
designation.
(2) A person may stop serving as a designated provider to a given qualifying
patient at any time. However, that person may not begin serving as a
designated provider to a different qualifying patient until fifteen days have
elapsed from the date the last qualifying patient designated him or her to
serve as a provider."
5. Qualifying patients may, under restrictions, create "collective gardens" to produce
medical cannabis.
"Sec. 403. (1) Qualifying patients may create and participate in collective
gardens for the purpose of producing, processing, transporting, and delivering
cannabis for medical use subject to the following conditions:
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(a) No more than ten qualifying patients may participate in a single
collective garden at any time;
(b) A collective garden may contain no more than fifteen plants per patient
up to a total of forty -five plants;
(c) A collective garden may contain no more than twenty -four ounces of
useable cannabis per patient up to a total of seventy -two ounces of
useable cannabis;
(d) A copy of each qualifying patient's valid documentation or proof of
registration with the registry established in section 901 of this act, including a
copy of the patient's proof of identity, must be available at all times on
the premises of the collective garden; and
(e) No useable cannabis from the collective garden is delivered to anyone
other than one of the qualifying patients participating in the collective garden.
(2) For purposes of this section, the creation of a "collective garden" means
qualifying patients sharing responsibility for acquiring and supplying the
resources required to produce and process cannabis for medical use such as, for
example, a location for a collective garden; equipment, supplies, and labor
necessary to plant, grow, and harvest cannabis; cannabis plants, seeds, and
cuttings; and equipment, supplies, and labor necessary for proper construction,
plumbing, wiring, and ventilation of a garden of cannabis plants.
(3) A person who knowingly violates a provision of subsection (1) of this section
is not entitled to the protections of this chapter."
(Author's Note: Sec 501(1) makes the public disnlav of medical cannabis a
civil infraction and this would presumably apply to the display of medical
cannabis in a collective garden hence some sort of screening from public view
seems to be built into the act.)
6. Cities and Counties mav, but are not required to, zone, license, regulate and tax the
production, processing and dispensing of cannabis. This would appear to be now
limited to collective gardens since that is the only new activity allowed under the act
and individual single production of medical cannabis by a qualified user or
provider.
"Sec. 1102. (1) Cities and towns may adopt and enforce any of the following
pertaining to the production, processing, or dispensing of cannabis or cannabis
products within their jurisdiction: Zoning requirements, business licensing
requirements, health and safety requirements, and business taxes. Nothing in this
act is intended to limit the authority of cities and towns to impose zoning
requirements or other conditions upon licensed dispensers, so long as such
requirements do not preclude the possibility of siting licensed dispensers within
the jurisdiction. If the jurisdiction has no commercial zones, the jurisdiction is not
required to adopt zoning to accommodate licensed dispensers.
(2) Counties may adopt and enforce any of the following pertaining to the
production, processing, or dispensing of cannabis or cannabis products within
their jurisdiction in locations outside of the corporate limits of any city or town:
4
22
Zoning requirements, business licensing requirements, and health and safety
requirements. Nothing in this act is intended to limit the authority of counties to
impose zoning requirements or other conditions upon licensed dispensers, so long
as such requirements do not preclude the possibility of siting licensed dispensers
within the jurisdiction. if the jurisdiction has no commercial zones, the
jurisdiction is not required to adopt zoning to accommodate licensed dispensers."
(Author's Note: The Governor vetoed all other sections of the act that would
have created legal licensed dispensers of medical cannabis so presumably the
language in this section addressing the zoning of licensed dispensers is null
and void.)
7. Police and local jurisdictions are given limited immunity under the act for good
faith actions.
"Sec. 1101. (1) No civil or criminal liability may be imposed by any court on the
state or its officers and employees for actions taken in good faith under this
chapter and within the scope of their assigned duties.
(2) No civil or criminal liability may be imposed by any court on cities, towns,
and counties or other municipalities and their officers and employees for actions
taken in good faith under this chapter and within the scope of their assigned
duties."
Challenges and Issues for Local Government Under the New Act
1. What to do with existing medical marijuana /cannabis dispensaries and business
license applications for the same?
As previously noted, the Governor's line item veto took out all provisions of the
law that would have made dispensaries licensed and legal. Hence the law remains
the same as before and there is no credible argument that medical cannabis
dispensaries that sell cannabis are legal under state or federal law. (See prior
WCIA Bulletin of 12/28 /2010 Medical Mariivana Dispensaries -Are Thev
Legal The sale of mariivana in the State of Washington remains illegal
and subiect to criminal prosecution. (RCW 69.50.401 410.) Nothing in the
new act makes the sale of medical marijuana /cannabis legal.
Existing dispensaries that are selling marijuana /cannabis are subject to police
investigation, arrest and prosecution. Priority of enforcement is up to the local
jurisdictions and decisions on resource allocation.
Pending or new applications for business licenses dispensaries of medical
cannabis should be denied as illegal businesses if there is any evidence that the
sale of cannabis is part of the operational scheme or business plan.
2. Should local governmental entities do zoning or zoning moratoriums regarding
medical marijuana /cannabis dispensaries?
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23
There does not appear to be any current urgency to do so as the legislation that
would have allowed legal dispensaries starting in 2012 has been vetoed.
However, the political backers of ESSSB 5073 have vowed they will come back
with a new proposal in the next legislative session. Preemptive zoning in
anticipation that someday dispensaries may become legal under state law is a
consideration for local jurisdictions that may be concerned about a future
applicant becoming vested to a site that is inconsistent with the overall zoning
scheme of the jurisdiction.
3. Should local jurisdictions get involved in the zoning, regulation or licensing of
"collective gardens
This is a difficult issue. The new act does not require any local action but does
allow it under Sec. 1102. The possession of marijuana for any reason under
federal law may be a crime and the federal law does not recognize exceptions for
medical use of cannabis and marijuana except in authorized clinical situations.
Hence, an argument can be made that if local jurisdictions specifically allow,
license and regulate collective marijuana gardens they and the employees
executing the laws could run a fowl of the U.S. Attorney warnings expressed in
letter of April 14, 201 delivered to Governor Gregoire. They could be viewed as
aiding and abetting a violation of the federal controlled substances act. Some may
argue the threat is remote but no one can say it is impossible.
The other side of the argument is that unregulated and uncontrolled collective
gardens could become a public safety threat and therefore regulation and licensing
is a means of reducing the threat. Under the new law collective gardens may be
planted and marijuana grown by qualified patients of up to ten in number. There
are no provisions in the state law as to where in a local jurisdiction such gardens
may be started nor is there any provisions for fencing, screening, security or
safety. It is easy to envision that such collective gardens could become the locus
of thefts of marijuana plants and finished product and potentially violent
confrontations could occur. Collective gardens could be started next to schools
and churches. Some citizens may not appreciate relatively large scale open
marijuana cultivation next to their back yards, businesses, churches or schools.
There could be political pressure on local elected officials to regulate and license
cannabis production via "collective gardens." They may demand regulation and
licensing under the authority of Sec. 1102 "Cities and towns may adopt and
enforce any of the following pertaining to the production, processing, or
dispensing of cannabis or cannabis products within their jurisdiction: Zoning
requirements, business licensing requirements, health and safety
requirements, and business taxes."
(Author's Note: Business taxes on collective gardens is likely not legal as
"sales" of medical cannabis is not authorized by the partially vetoed act.)
ME
24
Local police authorities may feel that zoning, licensing and regulation of
collective gardens would assist them in tracking and distinguishing legal grow
operations from illegal ones.
There does not appear to be any express authority or provision in the new act
that would allow the outright banning of collective gardens by local
jurisdictions. Sec. 401 of the act directly empowers qualified users to start and
maintain collective gardens. This would appear to preempt local authorities from
doing outright bans on collective gardens on private property. Likewise, local
jurisdictions could not ban individual qualified patients or their providers from
cultivation of medical marijuana /cannabis on private property or at their homes so
long as they have the proper documentation and limit their possession to 15 plants
or 24 ounces of useable cannabis.
If the decision is made to zone, license and regulate collective gardens by the
local jurisdiction care will be need to make sure that an appropriate legislative
history is developed to document the negative impacts of unregulated collective
gardens and to narrowly fashion regulations tailored to address those negative
impacts. Failure to do so could lead to challenges that the regulations or zoning
violated substantive due process protections under the Constitution. Members are
advised to work closely with their legal counsel on these issues.
If Members think that zoning regulation and licensing of collective gardens is in
their best interest they may wish to quickly impose a moratorium prohibiting their
establishment for a brief period of time to develop the necessary legislative
history and to adopt appropriate ordinances for zoning, licensing and
regulating collective eardens.
WCIA strongly advises against Members allowing use of public property or
public "pea patches" for use as "collective gardens" where medical
marijuana /cannabis is grown. It would expose the jurisdiction to
unnecessary liability claims as a landlord under premises liability law if
other legal users of the public lands were injured due to criminal
activity /thefts potentially associated with the production of the cannabis
products.
Conclusion
The truncated and partially vetoed version of ESSSB 5073 signed into law by Governor Gregoire
becomes effective on July 22, 2011. Medical marijuana /cannabis dispensaries that sell cannabis
products remain illegal. The fact that the Legislature went to great lengths to try and make them
legal and then failed by virtue of the Governor's veto; re- enforces the argument that they were
never legal. Nevertheless, proponents of medical cannabis will continue to argue to the contrary
and will continue to urge novel schemes and models for the distribution of medical cannabis to
local jurisdictions in hopes of obtaining business licenses and therefore apparent legitimacy. It is
suggested that any such new model be closely analyzed to determine where the profit may be
in
25
made in the business model. If it ultimately involves a sale of marijuana or cannabis products it
is likely illegal under both state and federal law.
The political battle promises to be carried on in the future. Governor Gregoire's signing letter
partially vetoing ESSSB 5073 states she remains open to legislation that would exempt
qualifying patients and their providers from criminal penalties when they join a cooperative to
distribute medical marijuana. The proponents of ESSSB 5073 promise to return in the next
legislative session to have another go at it. It is not clear how any future effort will have success
as long as the federal law remains intact and continues to criminalize possession and sale of
marijuana regardless of its designation as for medical treatment. Future case law may also
clarify or further obscure the picture. It appears the only certainty is more uncertainty as to what
future law in this area may develop.
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26
Communitv Affairs Parks Committee Minutes
Julv 9, 2012 Page 2
Gary Singh concurred with Ms. Mann's comments and suggested the City allow for larger footprints as an
incentive to compensate for height restrictions.
After a lengthy discussion, the Committee did not feel that they could make a recommendation at this time
to in favor of changing the City's current height standards. However, they did state that they would like to
staff to explore incentives that would deter three -story homes. Staff will return to Committee later in the
year to discuss the results of such research. RETURN TO COMMITTEE LATE 2012.
C. Renewal of Moratorium: Medical Cannabis Collective Gardens Dispensaries
Staff is requesting Council approval to renew a moratorium on medical cannabis collective gardens and
dispensaries.
The City Council originally passed a one -year moratorium on August 15, 2011, which is set to expire on
August 14, 2012. Due to relevant medical cannabis initiatives that are expected to be on the November 2012
general election ballot, and resulting action in the 2013 State Legislature, staff is seeking renewal of the
moratorium for an additional year. It is hopeful that after that time, the State will have provided enough
clarity regarding laws governing medical cannabis collective garden and dispensaries for the City to apply
appropriate land use regulations. A public hearing will be set for July 23, 2012. UNANIMOUS
APPROVAL. FORWARD TO JULY 23 COW FOR DISCUSSION AND PUBLIC HEARING.
II1. MISCELLANEOUS
Meeting adjourned at 6:15 p.m.
Newt ineeding: Monday, July 23, 2012 5:00 p.m. Conference Room #3
Committee Chair Approval
Minut t by KAW.
27
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COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by 1 Mayor's review lFognal review
07/23/12 I BG
07/23/12 I BG I I 5.6.
I
I
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 07/23/12
AGENDA ITEM TITLE Southcenter Parkway Extension Project Construction Management Contracts
with Anchor QEA, LLC and David Evans Associates
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mt Date 07/23/12 Mtg Date 07/23/12 Mtg Date Mtg Date Mt
g Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PWI
SPONSOR'S Due to the construction management dispute with KBA, Inc., additional construction
SUMMARY management firms are needed to finish and close out the Southcenter Parkway Extension
Project (that is near substantial completion). Anchor QEA will provide inspection services
for $79,218.00 and David Evans Associates is needed for final surveying and as -built
plans for $60,878.00. Council is being asked to approve the two construction management
contracts for a total amount of $140,096.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 07/17/12 COMMITTEE CHAIR: DE'SEAN QUINN (ACTING)
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works Department
COMMIT E-E, Unanimous Approval; Forward to Committee of the Whole Special
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$140,096.00 $22,731,000.00 $0.00
Fund Source: 104 STREETS (PG 12, 2012 CIP), 401 WATER (PAGE 88), AND 402 SEWER (PAGE 118)
Comments:
MTG. DATE
07/23/12
07/23/12
MTG. DATE
07/23/12
07/23/12
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 07/13/12 (revised after TC)
Funding Spreadsheet
2012 CIP pages 12, 88, and 118
Anchor QEA LLC Contract
David Evans Associates Contract
Minutes from the Transportation Committee meeting of 07/16 /12
c
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Peter Lau, Senior Engineer
DATE: July 13, 2012
SUBJECT: Southcenter Parkwav Extension Proiect
Project No. 98410437
Construction Management Services
ISSUE
Approve construction management (CM) consultant agreements with Anchor QEA, LLC. and David Evans Associates.
BACKGROUND
Due to the CM service dispute with the original consultant, KBA, Inc., the City needs to hire additional CM consultants to
assist our in -house CM staff and finish the Southcenter Parkway Extension Project. Anchor QEA, LLC was a qualified CM
sub consultant to KBA for Southcenter Parkway and provided inspection services. As a result, Anchor QEA has been
requested to assist our City CM staff to finalize the construction and assist with project closeout. David Evans was the
design consultant for the Southcenter Parkway Extension Project and is needed for final surveying and as -built plans.
DISCUSSION
The attached scope of work for Anchor QEA and David Evans include construction engineering, inspection, environmental
services, and documentation compliance support.
RECOMMENDATION
Approve the construction management consultant contracts with Anchor QEA, LLC. in the amount of $79,218.00 and David
Evans Associates in the amount of $60,878.00 and consider these items at the July 23, 2012 Committee of the Whole
meeting and subsequent Special Meeting that same night.
Attachments: Funding Spreadsheet
2012 CIP, pages 12, 88, and 118
Anchor QEA Contract, Scope of Work, and Fee
David Evans Associates Contract, Scope of Work, and Fee
W:\PW Eng \PROJECTSW RW RS Projects \Southcenter Pkwy Extension (57th Ave S) (98410437) \Construction \Info Memo CM Anchor DEA 7- 13- 12.docx
31
Estimated
Expenditures
Budget
KBA, Inc. (CM Consultant)
2,913,949.72
3,530,000.00
Anchor QEA
79,218.00
David Evans Assoc.
60,878.00
Widener Consultant (Corps of Engineers)
40,000.00
HWA GeoSciences
20,000.00
Dispute Review Board Expense
10,000.00
In -house Staff
560,000.00
Construction Bid
16,030,030.64
19,201,000.00
15% Construction Contingency
2,404,504.60
Extras, PSE, Signals, etc.
599,429.42
Total Contracts and Budget
$22.715.142.38
$22.731.000.00
RECOMMENDATION
Approve the construction management consultant contracts with Anchor QEA, LLC. in the amount of $79,218.00 and David
Evans Associates in the amount of $60,878.00 and consider these items at the July 23, 2012 Committee of the Whole
meeting and subsequent Special Meeting that same night.
Attachments: Funding Spreadsheet
2012 CIP, pages 12, 88, and 118
Anchor QEA Contract, Scope of Work, and Fee
David Evans Associates Contract, Scope of Work, and Fee
W:\PW Eng \PROJECTSW RW RS Projects \Southcenter Pkwy Extension (57th Ave S) (98410437) \Construction \Info Memo CM Anchor DEA 7- 13- 12.docx
31
32
Southcenter Parkway Extension
Project No. 98410437
Budget and Expenditures
W: \PW Eng \PROJECTSW- RW RS Projects \Southcenter Pkwy Extension (57th Ave S) (98410437) \Grants, HL Water Dist, Segale \Funding Sheet 7- 10- 12.xlsx Page 1
Budget
Expenditures
104 Fund
401 Water
402 Sewer
Page 12
Page 88
Page 118
Estimated
2012 CIP
2012 CIP
2012 CIP
Total
Expenditures
Design
1,366,000.00 1
153,000.00
59,000.00
1,578,000.00
1,578,853.43
Right -of -Way
11,000.001
0.00
0.00
11,000.00
10,901.13
Construction Management
KBA
2,913,949.72
Anchor QEA
79,218.00
David Evans Assoc
60,878.00
Weidner Consultant
40,000.00
HWA GeoSciences
20,000.00
Dispute Review Board
10,000.00
In -house CM Staff
560,000.00
3,216,000.00
79,000.00
235,000.00
3,530,000.00
3,684,045.72
Construction Bid
16,030,030.64
15% Contingency
2,404,504.60
Extras, PSE, Signals, etc
599,429.42
14,837,000.00
2,002,000.00
2,362,000.00
19,201,000.00
19,033,964.66
19,430,000.00
2,234,000.00
2,656,000.00
24,320,000.00
24,307,764.94
$12,235.06
W: \PW Eng \PROJECTSW- RW RS Projects \Southcenter Pkwy Extension (57th Ave S) (98410437) \Grants, HL Water Dist, Segale \Funding Sheet 7- 10- 12.xlsx Page 1
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2012 to 2017
PROJECT:
DESCRIPTION:
JUSTIFICATION
STATUS:
MAINT. IMPACT
COMMENT:
FINANCIAL
(in $000's)
EXPENSES
Design
Land (R/W)
Const. Mgmt.
Construction
TOTAL EXPENSES
FUND SOURCES
Awarded Grant
Bonds
Mitigation Actual
Mitigation Expected
City Oper. Revenue
TOTAL SOURCES
Southcenter Pkwy (S 180 St S 200 St) Project No. 98410437
Extend 5 -lane Southcenter Pkwy to 200th St and include curbs, gutters, sidewalks, drainage, and
sewer improvements. See corresponding water and sewer projects CIP pages.
Southwest access needed for commercial business district (CBD) and development of adjoining area.
Design and right -of -way completed in 2009, construction started in 2010 with completion in 2012.
Additional street, sewer and surface water maintenance.
Design grants from Federal STP for $196k and $150k from State AIP. Construction grants include $10m in
State grants, $2m TIB grant, and $3.5m in Federal Earmark grant. Puget Sound Energy, Highline Water District,
Segale Properties, and King County (sewer) will pay for a portion of costs. City Bond of $4.388m in 2010.
Through Estimated
2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL
1,345 21 1,366
11 11
1,166 1,300 750 3,216
2,190 7,102 5,545 14,837
4,712 8,423 6,295 0 0 0 0 0 0 19,430
4,209
4,000
5,306
4,388
12
21
361
(3,897)
4,402
628 0
4,712
8,423
6,295 0
Project Location
J
0
Y
i
S 15i
0 0 0 0
0 0 0 0
13,515
4,388
33
361
0 1,133
0 19,430
GIS
34 2012 2017 Capital Improvement Program 12
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
Project Location
2012 2017 Capital Improvement Program
1
GIs
35
2012 to 2017
PROJECT:
Southcenter Pkwy Water Upgrade (Minkler 180) Project No. 90440103
98410437
Design and construct 12" waterline in Southcenter Pkwy from Minkler Blvd to South 180th St. Interlocal agreement
DESCRIPTION:
with Highline Water District has their improvements under our construction contract with full reimbursement.
JUSTIFICATION:
Coordinate with installation of sanitary sewer line in Southcenter Pkwy.
STATUS:
City water improvements should be completed in 2010. Highline Water District improvements shown in 2011.
MAINT. IMPACT:
Improved service will reduce maintenance liability.
COMMENT:
Coordinated with Southcenter Pkwy Extension roadway project.
FINANCIAL
Through Estimated
(in $000's)
2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL
EXPENSES
Design
153
153
Land(R/W)
0
Const. Mgmt.
6 57 16
79
Construction
392 1,490 120
2,002
TOTAL EXPENSES
551 1,547 136 0 0 0 0 0 0
2,234
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Highline Water Dist
117 1,494 136
1,747
Mitigation Expected
0
Utility Revenue
434 53 0 0 0 0 0 0 0
487
TOTAL SOURCES
551 1,547 136 0 0 0 0 0 0
2,234
Project Location
2012 2017 Capital Improvement Program
1
GIs
35
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
S Project Location
i
36 2012 2017 Capital Improvement Program 118
2012 to 2017
PROJECT:
South City Limits Sewer Extension Project No. 98640204
98410437
DESCRIPTION:
Design and construct 13,000 LF of sewer line from Minkler Blvd to S 200th St along Southcenter Pkwy.
JUSTIFICATION:
Coordinate with installation of road and water improvements in Southcenter Pkwy.
STATUS:
Construction began in 2010 and will continue into 2012.
MAINT. IMPACT:
Increased man -hours to service new system.
See Southcenter Pkwy Extension project in arterial streets. Sewer costs will be funded by Federal Earmark
COMMENT:
grants and sewer connection fees over 10 years.
FINANCIAL
Through Estimated
(in $000's)
2010 2011 2012 2013 2014 2015 2016 2017 BEYOND TOTAL
EXPENSES
Design
59
59
Land (R/VV)
0
Const. Mgmt.
55 100 80
235
Construction
832 970 560
2,362
TOTAL EXPENSES
946 1,070 640 0 0 0 0 0 0
2,656
FUND SOURCES
Grants /City Bond
887 1,070 640
2,597
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
59 0 0 0 0 0 0 0 0
59
TOTAL SOURCES
946 1,070 640 0 0 0 0 0 0
2,656
S Project Location
i
36 2012 2017 Capital Improvement Program 118
Local Agency
Standard Consultant
Agreement
Architectural /Engineering Agreement
Personal Services Agreement
Aqreement Number
Federal Aid Number
HPP- DEMO- STPUL- 1041(003)
Agreement Type (Choose one)
Lump Sum
Lump Sum Amount
Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method
Actual Cost
Actual Cost Not To Exceed
Fixed Overhead Rate
Fixed Fee
Specific Rates Of Pay
Negotiated Hourly Rate
Provisional Hourly Rate
Cost Per Unit of Work
Index of Exhibits (Check all that apply):
Exhibit A -1 Scope of Work
Exhibit A -2 Task Order Agreement
Exhibit B -1 DBE Utilization Certification
Exhibit C Electronic Exchange of Data
Exhibit D -1 Payment Lump Sum
Exhibit D -2 Payment Cost Plus
Exhibit D -3 Payment Hourly Rate
Exhibit D -4 Payment Provisional
Exhibit E -1 Fee Lump /Fixed/Unit
Exhibit E -2 Fee Specific Rates
Exhibit F Overhead Cost
Exhibit G Subcontracted Work
Exhibit G -I Subconsultant Fee
Consultant/Address/Telephone
Anchor QEA, LLC
720 Olive Way, Suite 1900
Seattle, WA 98101
Project Title And Work Description
Southcenter Parkway Extension Project:
Replace the existing two -lane roadway with a new
five -lane facility between S 180th St and S 200th St
that will include urban roadway improvements that
meet current standards.
DBE Participation
Yes No
Federal ID Number or Social Security Number
Do you require a 1099 for IRS? Completion Date
Yes No
Total Amount Authorized 79,218.00
Management Reserve Fund
Maximum Amount Payable 79,218.00
Exhibit G -2 Fee -Sub Specific Rates
Exhibit G -3 Sub Overhead Cost
Exhibit H Title VI Assurances
Exhibit I Payment Upon Termination of Agreement
Exhibit J Alleged Consultant Design Error Procedures
Exhibit K Consultant Claim Procedures
Exhibit L Liability Insurance Increase
Exhibit M -la Consultant Certification
Exhibit M -lb Agency Official Certification
Exhibit M -2 Certification Primary
Exhibit M -3 Lobbying Certification
Exhibit M -4 Pricing Data Certification
App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this day of
between the Local Agency of City of Tukwila Washington, hereinafter called the "AGENCY",
and the above organization hereinafter called the "CONSULTANT
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
37
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
Page 2 of 8
i
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub Contracting
The AGENCY permits sub contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub consultant shall be
substantiated in the same manner as outlined in Section V. All sub contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub consultant is required to perform a minimum
amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
39
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
is
In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, 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 AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial. review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J and disputes concerning
claims will be conducted under the procedures found in Exhibit "K
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
Page 5 of 8
41
XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
42
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
43
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
M
By
By
Consultant Anchor QEA, LLC Agency City of Tukwila
DOT Form 140 -089 EF
Revised 3/2008
Page 8 of 8
Exhibit A
City of Tukwila
Southcenter Parkway Extension Construction Services
Scope of Work
June 20, 2012
The Consultant shall provide Field Observation services and Construction Management
support and for the completion of the Southcenter Parkway Project as outlined below:
Task 1: Field Observation
In coordination and cooperation with the City lead inspector, the Consultant shall
provide the services of one full -time inspector and supplemental assistants (only
as needed and requested by the City) on the project site who will observe the
technical content of the construction, including providing day to day contact with
the Contractor and the City.
The City shall contract with an independent testing lab for material testing
services such as field sampling, sieve analysis, in place density tests, extraction,
and rice density. The Consultant inspector will utilize those test results to
monitor material placed for compliance with the contract requirements. The
Consultant shall utilize approved submittals provided by the City for equipment
verification purposes.
The Consultant shall keep records and prepare a daily report or other
documentation correspondence as required for the duration of their work
assignment. The report shall include photographs taken during the course of
construction. Truck tickets and other required documentation obtained from the
Contractor will be provided to the City.
The Consultant shall prepare a draft comprehensive punchlist based on the
above field inspections for review by the City lead inspector.
The Consultant shall track quantities, assist in preparation of pay estimates, and
review with City and Contractor for approval. Up to four pay estimates are
anticipated for this project (June, July, August and Final).
Task 2: Environmental Compliance
The Consultant shall provide field observation of the contractor installed
temporary erosion and sedimentation control features for compliance with best
management practices to prevent off site discharge. These field observations will
be provided in a report with any recommended corrective actions.
The Consultant will assist in meetings or site visits with agency permit
compliance staff to achieve close -out
Task 3: Contract Management Support
Consultant shall prepare for and attend construction meetings with the City,
Contractor, utilities and other parties as requested.
45
The Consultant shall provide informal site visits with the field observer, City staff
and Contractor to address concerns, make clarifications, and help assure
compliance with Contract Documents.
The Consultant shall respond to e- mails, telephone calls, verbal requests made
at meetings or similar requests from the City to assist with contract administration
activities. Such activities may include but not limited to field directives, change
orders, correspondence from the contractor and other administrative and
management functions.
The Consultant shall assist in project documentation and records management
in anticipation of a project documentation audit by WSDOT federal aid.
Consultant manager shall provide appropriate staff assignments, management of
staff, preparation of monthly invoices and progress reports of work performed.
Task 4: Contract Administration Support
Consultant shall provide administrative and engineering trained support staff (on
an "as needed" basis) to assist the City in fulfilling construction contract
administration activities
Provide document preparation support and related administrative activities
The remaining construction duration is anticipated to be approximately 4 weeks of field
time and 10 weeks of administrative support.
Deliverables:
Items to be provided by the Consultant:
Daily field inspection reports
Field notes and sketches
Construction photos
Documentation from site meetings, change conditions, and field directives.
Punchlist.
Items to be provided by the City:
Contract documents
Contract records (as developed by the previous consultant)
Exclusions:
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 City a greater degree of confidence that the completed
work will conform generally to the Contract Documents. The Consultant will endeavor to
protect all parties against defects and deficiencies in the work of the Contractor, but
cannot guarantee the Contractor's 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 and any subcontractor.
M
Southcenter Parkway CM Services
Task
1Task1
I
1Task2
I
1Task3
I
1Task4
I
I
Hours by Labor Categories
(hourly rates shown in parentheses)
Senior Analyst
Principal CM
Staff 1 Analyst
Engineer LA
CM Engineer
Planner Scientist
Description
($215)
Field inspection services 1
LA Planner
1.11 I
Coordinator
]Environmental compliance 1
Scientist
2.11 I
IContract management services 1
($110)
3.11 1
160.00
1Contract administration support 1
I
2,640 I
4.11 1
Total Hoursl
160.00
Total Cost1
$34,400
Hours by Labor Categories
(hourly rates shown in parentheses)
Senior Analyst
Staff 3 Analyst
Staff 1 Analyst
Total
CM Engineer
CM Engineer/
CM Engineer
Project
LA Planner
LA Planner
LA Planner
Coordinator
Scientist
Scientist
Scientist
(PAS)
($120)
($110)
($105)
($95)
I
180.00'
I
I 24.00
I 1 148.00
180.00 1 24.00 1 148.00
$21,6001 $2,6401 $15,540
40.00
40.00
$3,800
Total
Total Labor Total
Labor Reimbursable Reimbursable
Total Direct
Hours
Cost Direct Costs
Costs
Costs Total Cost
I
180.00 1
I
21,600 1
I
560 1
I
560 1
I
560 1
I
22,160 1
I
24.00 1
I
2,640 I
I
56 1
I
56 1
I
56 1
I
2,696 1
I
160.00 1
I
34,400 1
I
622 1
I
622 1
I
622 1
I
35,022
I
188.00 1
I
19,340 1
I
1
I
I
I
I
19,340
5521
1
1
1
1
1
$77,9801
$1,2381
$1,2381
$1,2381
$79,218
W
Local Agency
Standard Consultant
Agreement
Architectural /Engineering Agreement
Personal Services Agreement
Aqreement Number
Federal Aid Number
HPP- DEMO- STPUL- 1041(003)
Agreement Type (Choose one)
Lump Sum
Lump Sum Amount
Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method
Actual Cost
Actual Cost Not To Exceed
Fixed Overhead Rate
Fixed Fee
Specific Rates Of Pay
Negotiated Hourly Rate
Provisional Hourly Rate
Cost Per Unit of Work
Index of Exhibits (Check all that apply):
Exhibit A -1 Scope of Work
Exhibit A -2 Task Order Agreement
Exhibit B -1 DBE Utilization Certification
Exhibit C Electronic Exchange of Data
Exhibit D -1 Payment Lump Sum
Exhibit D -2 Payment Cost Plus
Exhibit D -3 Payment Hourly Rate
Exhibit D -4 Payment Provisional
Exhibit E -1 Fee Lump/Fixed/Unit
Exhibit E -2 Fee Specific Rates
Exhibit F Overhead Cost
Exhibit G Subcontracted Work
Exhibit G -1 Subconsultant Fee
Consultant/Address /Telephone
David Evans and Associates, Inc.
415 118th Avenue SE
Bellevue, WA 98005
Project Title And Work Description
Southcenter Parkway Extension Project:
Replace the existing two -lane roadway with a new
five -lane facility between S 180th St and S 200th St
that will include urban roadway improvements that
meet current standards.
DBE Participation
Yes No
Federal ID Number or Social Security Number
93- 066 -1195
Do you require a 1099 for IRS? Completion Date
Yes No
Total Amount Authorized 60, 878.00
Management Reserve Fund
Maximum Amount Payable 60,878.00
Exhibit G -2 Fee -Sub Specific Rates
Exhibit G -3 Sub Overhead Cost
Exhibit H Title VI Assurances
Exhibit I Payment Upon Termination of Agreement
Exhibit J Alleged Consultant Design Error Procedures
Exhibit K Consultant Claim Procedures
Exhibit L Liability Insurance Increase
Exhibit M -1 a Consultant Certification
Exhibit M -lb Agency Official Certification
Exhibit M -2 Certification Primary
Exhibit M -3 Lobbying Certification
Exhibit M -4 Pricing Data Certification
App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this day of
between the Local Agency of City of Tukwila Washington, hereinafter called the "AGENCY",
and the above organization hereinafter called the "CONSULTANT
DOT Form 140 -089 EF
Revised 3/2008
Page 1 of 8
O,
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D /M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
Page 2 of 8
W
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager.
VI Sub Contracting
The AGENCY permits sub- contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non- salary costs and fixed fee costs for the sub consultant shall be
substantiated in the same manner as outlined in Section V. All sub contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub- consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub consultant is required to perform a minimum
amount of their sub contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
51
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part -time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
52
In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, 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 AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J and disputes concerning
claims will be conducted under the procedures found in Exhibit "K
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
Page 5 of 8
53
XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
54
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terns and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terns and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered Transactions,
Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terns hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
55
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By
By
Consultant David Evans and Associates, Inc. Agency City of Tukwila
DOT Form 140 -089 EF
Revised 3/2008
Page 8 of 8
56
CITY OF TUKWILA
SERVICES DURING CONSTRUCTION
SOUTHCENTER PARKWAY EXTENSION PROJECT
SCOPE OF SERVICES
SECTION 1.00 PROJECT DESCRIPTION AND DELIVERABLES
1.01 PROJECT DESCRIPTION
David Evans and Associates, Inc. (CONSULTANT) will provide professional support services for the
construction of the Southcenter Parkway Extension (PROJECT) under the direction of City of Tukwila
(CLIENT) as described in this Scope of Services.
1.02 PROJECT DELIVERABLES FURNISHED BY THE CONSULTANT
The CONSULTANT shall maintain a project file for pertinent work items. These files will
be delivered to the CLIENT at the conclusion of the project.
SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL
The CONSULTANT shall provide professional engineering management and supervision throughout the
duration of the PROJECT. This effort will include the following elements:
Subconsultant coordination.
Organize and lay out work for project staff. Prepare project instructions on contract
administration procedures to be used during construction.
Review monthly expenditures, prepare invoice, and submit project progress letter to the
CLIENT.
Quality Assurance /Quality Control.
2.01 SUBCONSULTANT COORDINATION
Direction of the SUBCONSULTANT and review of their work over the course of the PROJECT shall be
provided by the CONSULTANT. Monthly monitoring of the SUBCONSULTANT's budget will occur
over the course of the PROJECT. This work element is intended to help monitor costs and budgets, and
to propose corrective actions. These actions could include formal requests for budget increases, or scope
modifications or reductions.
2.02 MONTHLY INVOICES AND PROGRESS REPORTS
The CONSULTANT shall submit monthly invoices and progress reports for payment by the CLIENT.
The CONSULTANT'S invoices shall only include the work done by the CONSULTANT or any approved
SUBCONSULTANT for work under this scope of services. The CONSULTANT shall list the following:
work item, employee's name, job classification, hourly rate, total amount invoiced per work item, billing
duration, any necessary receipts and a description of purpose, and total amount due.
Deliverables: Monthly invoices and progress reports (5 monthly invoices estimated).
s:\ trans \dca 0030\ mlf\ tukwila\ southcenter\ southcenter construction management. doc
DAVID EVANS AND ASSOCIATES, INC.
Scope of Services
57
2.03 QUALITY ASSURANCE /QUALITY CONTROL REVIEW
This work element is for QA /QC review of CONSULTANT deliverables by a designated QA /QC staff
member of the CONSULTANT team. The review will cover project documentation, progress payments,
change orders, and pertinent information on an ongoing basis. The program entails the periodic review of
the project files and assures that the overall scope of services objectives are being fulfilled.
SECTION 3.00 CONSTRUCTION DESIGN SUPPORT
3.01 DESIGN SUPPORT
The CONSULTANT shall provide professional services to support the CLIENT construction completion
of the PROJECT. The following tasks are assumed for this work item:
Final field walk of wetland number 1 mitigation site.
Complete final (punch list) inspection. Provide notes summarizing punch list items.
Review as -built drawings submitted by the contractor for completeness. Prepare record
drawings.
The CONSULTANT shall conduct a field walk through with the CLIENT to determine if invasive plant
species have been removed in the wetland number 1 mitigation site. It is assumed field survey shots are
not required.
The CONSULTANT shall conduct a final on -site walk through with the contractor and CLIENT. If
needed, a punch list will be prepared and submitted to the CLIENT.
It is assumed the CLIENT will provide one complete, consolidated set of redlines for the CONSULTANT
to use in as -built drawings preparation. Highline Water District plans as -built have been prepared under a
separate contract with Highline.
Deliverables: Punch List (if needed)
Draft As -built record drawing (One copy 22 "04" paper)
Final As -built record signed 22 "04" Mylar Record Drawings.
Electronic Copy of Final As -built record drawings in PDF format.
3.02 PUMP STATION
The CONSULTANT shall attend the final startup and testing of the pump station with the contractor,
pump manufacturer's representative, and the City to witness the actual pump flow tests for each pump.
The observation testing will include pump operating with and without the assistance of the standby
generator. The testing should include electrical and control systems. The results of the startup testing shall
be documented in writing and included as part of the final Operation and Maintenance Manual.
The CONSULTANT shall prepare an Operation and Maintenance Manual (O &M) in accordance with
Washington State Department of Ecology guidelines (WAC 173 240 -080). It is assumed that the City will
provide an example of an approved O &M. The following figures are assumed for the O &M: vicinity map,
site plan, typical mechanical plan and sections, and electrical one -line drawing.
The CONSULTANT shall conduct a final on -site walk through of the pump station with the contractor
and CLIENT. If needed, a punch list will be prepared and submitted to the CLIENT.
Deliverables: Draft Operations and Maintenance Manual (1 hard copy)
Final Operations and Maintenance Manual (1 hard copy)
Pump Station Punch List (if needed)
s:\ trans \dea 0030\mlfltukwila \southcenter \southcenter construction management.doc
DAVID EVANS AND ASSOCIATES, INC.
Scope of Services
3.03 ON -CALL DESIGN SUPPORT
The CONSULTANT shall provide professional services to support the CLIENT responses to contractor's
RFIs or questions by the CLIENT. The budget for this task is based on the following assumptions:
CONTRACTOR'S RFIs: One hour per RFI for one CONSULTANT. A total of five RFI's is
assumed.
CLIENT QUESTIONS: One hour per question for one CONSULTANT. A total of 10
questions are assumed.
SECTION 4.00 RECORD OF SURVEY
4.01 SURVEY SUPPORT
Record of Survey and Right -of -Way Plans
The CONSULTANT shall finalize the record of survey prepared under a separate scope of services. The
CONSULTANT shall field verify all centerline monuments installed and punched by the contractor. It is
assumed that the contractor disturbed or destroyed the CONSULTANT's survey control and the
CONSULTANT will need to re- establish survey control for this field work. The CONSULTANT shall
record the record of survey with King County.
Two days of survey field crew is assumed this scope of services.
Deliverables: Record of Survey Drawing and Right -of -Way Plan set.
s:\ trans \de&x0030\mlf\tukwila \southcenter \southcenter construction management.doc
DAVID EVANS AND ASSOCIATES, INC. 3
Scope of Services
M
M- 1
DRAFT
Southcenter Parkway Extension Project
Services During Construction
Summary
Classification
1 Quality Assurance /Quality Control
2 Project Manager
3 Senior Professional Engineer
4 Senior CADD Tech.
5 Sr. Landscape Architect
6 Survey Manager
7 Senior Prof. Land Surveyor
8 Survey Tech.
9 Party Chief
10 Instrument Person
11 Project Administrator
12 Administrative Assistance
Direct Salary Cost
S u btota I
Overhead Cost
Net Fee 0
Subtotal
Direct Non -Salary Cost
a) Deliveries/ Mail
b) Reproduction: Half -Size Plans Sets
Full -Size Plan Set
Full -Size Mylar Record Drawings
c) Travel (Personal Miles)
Subtotal
Subconsultant
Subtotal
JAG, LLC (Lift Station)
R &W (Electrical)
DEA Total to Complete Project
Total Hrs
175.34% of Direct Labor
30.00% of Direct Labor
Hrs. x
14
52
63
130
8
2
8
22
16
16
15
6
0W
2 Each $15.00 /Each
0 Each $110.00 /Each
1 Each $600.00 /Each
1 Each $1,450.00 /Each
300 Miles $0.550 /Mile
Page 1
S TRANS\ DEAX0030\ mlflTukwila \SouthcenteASouthcenter Construction Management.xls
Rate
$58.50
$58.50
$58.50
$39.50
$42.20
$61.50
$40.00
$30.00
$30.00
$25.00
$31.70
$27.50
$30.00
$0.00
$600.00
$1,450.00
$165.00
Cost
$819.00
$3,042.00
$3,685.50
$5,135.00
$337.60
$123.00
$320.00
$660.00
$480.00
$400.00
$475.50
$165.00
$15,643
$15,643
$15,643
$27,428
$4,693
$47',763
$2,245
$9
$1,500
$'10,870
$60 ;1
Printed 7/11/2012
61
southcenter parkway extension
services during construction
estimates
TRANSPORTATION COMMITTEE Meeting Minutes
July 10, 2012 5:151). n7. C'onlerenee Roon7 No. I
PRESENT
Citv of Tukwila
Transportation Committee
Councihmmbers: Verna Seal, (sitting in for Allan Ekberg, Chair); Dennis Robertson (sitting in for Kathy Hougardv),
and De' Sean Quinn, Acting Chair
Staff: David Cline, Jovice Tmntina, Frank Iriarte, Robin Tischmak, Mike Mathia, Peter Lau, Gail
Labanara and Kimberly Matc�j
CALL TO ORDER: The meeting was called to order at 5:16 p.m
I. PRESENTATIONS
Southcenter Parkway Extension Proiect Update
Staff gave a brief presentation on the status of the Southcenter ParkNvay Extension Project. The project is near
substantial completion which means the project will be considered usable. Major items needed for substantial
completion include sanitaiv sewer pump completion and traffic light activation. Staff also provided an update on
project delay factors including an Army Corps of Engineers permit, right- of -kvav acquisition, and a street
vacation. INFORMATION ONLY.
II. BUSINESS AGENDA
A. Southcenter Parlcwav Extension Proiect
Due to a dispute between the Citv and the project's original construction management consultant, there is
now a need to hue additional consultants for construction management sentiices in order to complete the
Southcenter Parkway Extension project. The issues in question will be dealt with as a separate matter aside
from completion of the project.
Staff is seeking full Council approval to enter into two consultant agreements for construction management
services relative to the Southcenter Park vay Extension Project as outlined below.
Anchor OEA, LLC
Anchor QEA was a sub consultant of the original consultant and have provided inspection sen ices on the
project. They would now serve to assist in finalizing construction and project closeout. The contract amount
is for $79,218. UNANIMOUS APPROVAL. FORWARD TO JULY 23 COW FOR DISCUSSION.
David Evans do Associates
David Evans was the design consultant for the project and would now conduct final surveying and as -built
plans. The contract amount is for $6(),878.
Due to time constraints, as well as a 5"' Monday in August (which translates to a week without a Council
meeting), this item move foix-vard to the July 23 COW for discussion, and the Special Meeting
immediately following as appropriate. UNANIMOUS APPROVAL. FORWARD TO JULY 23 COW
FOR DISCUSSION.
III. SCATBd
There were no comments relative to the SCATBd agenda items in the packet.
IV. MISCELLANEOUS Meeting act ournecl at 5: 581.177.
Next meeting: Monday, August 6, 2012 5:15 p.m. Conference Room #1
4e 9 Committee Chair Approval
11onacs hr k'.IU Reviewed hr (,L.
63
AM,
Upcoming Meetings Events
July /August 2012
23rd (Monday-) 24th (Tuesda 25th(Wednesdav) 26th (Thursday-) 27th (Frida
r r r 4ihties r Cl_)PCAB,
_4a4 t alti -C le�l G:3n F
tinnte ((R i)
CllrC 1/cd
r City- Council
Committee of
the NVliole 1 Itg.,
7:00 F
'nuncll
Chambers)
Ci )AV to be
immediately bv- a
Special Meeting.
30th (Monday) 31st (Tuesday)
Deadline for
nominations for
the "Treasures of
Tukwila" award.
(Must be
received in the
Mayor's office by
5:00 P.M.)
r Equity
Dicersit\
Commission,
�:I� F'nt
(CR
Peanut Butter
and .lam Famih'
Entertainuent
Series
FREE tan» (N hun!
1':00 Noon
((',nnnnan n' Venter
bY the Span' Park)
This «°eel.:
Bubblenun
FREE Sunwner
Outdoor Cinema
Series
Donation of tv,o
cans offbod per
tannnib member
tegnested to snpport
the Tnlesila Food
Pantr\
(l_'omnnlnth' C'enterl
Moyne starts at
desk.
Today's MOVie:
Dolphin Tale
Concessions
available.
(1lrnac �ivl! he shmrn
"-dc m the c,'entof
nrolement�renther 1
3rd (Friday)
Peanut Butter
and Jann Famih'
Entertainuent
Series
FREE fann(N Rini
1':00 Noon
(Cbrnnnlnth' (_'enter
br dre Spr,n' Park)
This week:
En, We
FREE Sumner
Outdoor Cinema
Series
Donation of two
cans of food per
tannnib member
tegnested to snpport
the Tnlesda Food
Pantr\
((_'omnnlnth' (_'enter-,
Movie starts at
dnsk.
TodaN's movie:
The .4rh of
Dn Dn
Concessions
available.
(1lrn"-1!he shmrn
117-1e nr the erentof
nrolement�renther 1
28th (Saturda
Tulo ila Int'l. Blvd.
Action Crate's
Trash Piclup Day
0:00 10:00 .ant
s
For locdtrnn contact
Rl ck art
rlchu :torschlcr.ol;,
All Nations (up
Orchestral
Performance
12:00 Noon
C'ascadc T lelrPark)
This FREE crew is
o lered thanks to a
'cjwrons errant trom
4('ttlttue.
4th (Saturday)
i City Council Committee of «mole (('.0AV.) Meeting: 2nd 4th Mon., 7:00 pit, Council Chambers at City- Hall.
i City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City- Hall.
r 0-01 Sen-,ice ('onwuission: 1st Mon., 3:00 pni, Con£ Room 3. ('ontacr Lim (nlnran at 2 0(,-4 1- =1,5'.
r ('on nnunity Affairs a& Parlis C'onuuittee: 2nd 4th Mon., 3:00 pit, Conf: Room pectin, C'wrcelled.
r ('()P( 'AB (C'onuuunity Oriented Policing (Itizens Ads. Board): 4th «'ed., 6:30 pni, Conf: Ran 3. Phi Hurnh (206-4 1 i).
r Finance a& Safety C'onunittee: 1st 3rd Tues., 3:13 pit, Conf: Room 3
rHunuan Sen-,ices AdNisor Brd: 2nd Fri. of even months, 10:00 _ant, Human Services ()tfice. C owact Erie Boded at '0(,-4 J,No.
r
Library AdNisori Board: 3rd «'ed- 7:00 pit, Foster Libn.'uw. C'nntactStel�hame randier at ZU(
r Parlis ('onunission: 3rd «'ed- 3:30 pit, Senior Game Room at Community Center. C'nntactZhlre Jnhn.wnr at 2U(,- U,S.
r Planning ('onunission /Board of Architectural ReN1eR 4th Thurs., except 2nd Thursday in Nov. Dec., 0:30 Pni,
Council Chambers at City Hall. C'nntact TT i'netta Blrcns at_ 2 0(,-4 1_: 0.
r Transportation ('onunittee: 1st 3rd Mon., 3:00 Pni, Conf Room 1
r Tuliwila Historical Society: 3rd Thurs., 7:00 pit, TukAvila Heritage Cultural Center, 14473 59 AN cane S. Cowact Par Brocim at
'06-433-I N61.
i IItilities Committee: 2nd �I?z 4th Tues., 3:00 PM, Coat: Room -1 11ccrin n
Cacc//cd.
Lodging Tax
AdN isorv-
Committee
meeting,
12:00 Nocaa
Hoare- 11'ood
,titllres,
h95 5 Foi trfkvlt
Uql')
Valley View
Sewer District
125 Open House
12:00 6:00 PM
(3460 S 148" St.)
Hands' on (IS
runrintter
,10)101110 011A,
brt,nnramn ab,nit
11t7ucN,m
Prulecse, Elullnnent
detR,JT7 a N'cl N,JT73.
-,feet (',nnnn,11011
staf/, c110( 'Iti-ell,
_�elvrsol�' C'onvntttee
lfernhels.
1st (Wednesday) 2nd (Thursday)
65
Tentative Agenda Schedule
MONTH
July
August
MEETING 1- MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
2
I
16 23
See agenda packet
cover sheet for this
week's agenda
rjulu
ommitto of the W71,6
6
tiuecial f`resentation:
Fifth grade poster
contest wiiumers.
T Tnfirushed Business:
Renewal of collective
gardens moratorium.
Aclalowledge receipt
of I_°oimcihnember
Kruller etlucs
inveStlgation findings
mid disposition.
Ne�w Busnless:
An ordinmce for the
North Highlule
Aiuleation.
13
tiuecial Tssues:
Reserve Polio-
20 27
1Tnhnislhed Business:
Reserve Polio-
1 '01\IDIITTEE CAF THE
WHO I MEETII T� Tt_
RE FOLLOWED M A
SI'Ei TAL MEETIT 1,,'
W