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HomeMy WebLinkAboutCAP 2012-11-26 COMPLETE AGENDA PACKET +� City of Tukwila Distribution: K. Hougardy C.O'Flaherty C J. Duffie S. Kerslake Community Affairs & A. Ekberg K. Matej Parks Committee V.Seal R. still D � D. Robertson J. Pace Mayor Haggerton O Kathy Hougardy, Chair I D.Cline O Joe Duffie O Allan Ekberg AGENDA MONDAY, NOVEMBER 26, 2012— 5:00 PM CONFERENCE ROOM #3 (at east entrance of City Hall) Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Tukwila Pool: a. Forward to 12/3 Consent (1) Bid award for pool roof. Agenda. Pg.1 (2) Bid award for parking lot and access improve- Pg.19 ments. Rick Still, Parks & Recreation Director b. Department of Community Development updates: b. Information only. (1) Shoreline Master Program Pg.35 (2) Light Rail Station Pg.37 Jack Pace, Community Development Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, December 10, 2012 SThe City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. [ City of Tukwila Rick Still, Parks and Recreation Director INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director DATE: November 20, 2012 SUBJECT: Bid Award for Tukwila Pool Roof Project ISSUE Award the bid for construction of the Tukwila Pool Roof Project. BACKGROUND This project will provide new 20-year Thermoplastic Membrane roof for the Tukwila Pool. The Metropolitan Park District (MPD) approved five Capital Projects that were not included in their Energy Savings Performance Contract with McKinstry Essention, Inc., (McKinstry). The MPD Board agreed that these projects were important but not financially feasible as proposed by McKinstry in the Energy Services Proposal (ESP), approved August 20, 2012. City Staff confirmed that the projects could be designed, managed and constructed using the City's processes while being completed within the allotments provided in Addendum #1 to the ESP (see Attachment 1), approved September 17, 2012. The Tukwila Pool Roof Project [or Item #21 — New Roof] has an allowance of $85,499.00. Six contractors were selected through the Small Works Roster process. A pre-bid walk was conducted on November 91h to familiarize and clarify any issues the contractors may have with the plans and the existing roof conditions. Two contractors provided bids that were opened on November 16, 2012; $73,744.80 and $78,509.00 (see Attachment 2 — Bid Opening results). The apparent low, with a lump sum base bid of $73,744. 80, is Bates Roofing, LLC. Staff's estimate was $75,983.00. The Pool Roof Project construction is scheduled to be complete by May 15, 2013, depending upon the weather. The roofing material is a long lead item and ambient temperatures must be over 45 degrees and dry to applying the adhesives for the Thermoplastic Membrane. The Roof Project will provide a long-lasting solution for a roof that needs to be replaced in the next few years. This product has a 50-year life for residential applications, while the manufacturer's warranty is only for 20-year in a commercial application. ANALYSIS The two bids were reviewed and no errors were discovered in the base bid for either contractor. Bates Roofing LLC has successfully worked on other municipal projects and references were contacted with positive feedback. 1 INFORMATIONAL MEMO Bid Award for Tukwila Pool Roof Project Page 2 -November 20, 2012 The available budget allotment for the Tukwila Pool Project construction is $85,449.00. With Bates Roofing LLC's bid, a 5.88% contingency would put the budget just under $85,499.00. This project has minimal risk of cost overruns and the contractor. There is a possibility that some flashing will need to be replaced at linear foot price of$6.65/lnft. If all the flashing needed to be replaced, it would cost less than $3,300. There could be some additional costs if there are irregularities found through the infrared scan required prior to installation. Our roofing consultant's inspections have not found any areas of concern regarding wet insulation or roof defects. BUDGET AND BID SUMMARY Bid Results Estimate Budget Total Bid Amount $ 73,744.80 $ 70,983.00 $85,499.00 Tax (9.5%) 7,005.76 6,743.39 Total Bid Amount $80,750.56 $ 77,726.39 Contingency 5.88% $ 4,748.13 $ 7,772.64 0.00 TOTAL $ 85,498.69 $ 85,499.02 $85,499.00 RECOMMENDATION The Council is being asked award the construction bid for the Tukwila Pool — Roof Project to Bates Roofing LLC in the amount of$80,750.56 for consideration on the consent agenda at the December 3, 2012 Regular Meeting. ATTACHMENTS Attachment 1 —Addendum 1 to the ESP Attachment 2 — Bid Opening results— November 16, 2012 Attachment 3— Bates Roofing LLC. Bid Proposal 2 CUmp`Gm-OUlbokICBKOXOLACAP B'dA-d Tu w1.Pod Rwf 1112012 MEMO Co Attachment 1 Addendum 1 to the ESP: September 12, 2012 The MPD Board adopted the Energy Services Proposal (ESP)from McKinstry on August 20, 2012 at which time the Board requested additional information on Section 4.5 "Allowances"on page 25 of the ESP. Below is the additional information now forth called Section 4.5.1 "Additional Information to the Allowances"that explains in greater detail the five items. The following five items were not included as part of the base bid by McKinstry,the ESCO. These items are included in the overall project and will be completed. They are not considered as part of the base bid because the ESCO would not guarantee the max cost of these items. This is for a couple different reasons as outlined below. Item#16—Bulkhead Renovation: Allowance:$4,500/Original Estimate: $14,683 This item did not get updated for the final ESP so it is not an apples to apples comparison. Also,the Allowance amount was determined before it was required by the Department of Commerce to have the ESCO complete all items on the project list. Therefore,the Allowance amount does not include the ESCO's markups. Original Scope: Repairing axles and wheels, and completely refinishing the surface. Reduced Scope: Includes simply painting the existing one. Item#17—Pool filter Conversion(Vac DE Option): Allowance:$15,000/Original Estimate: $149,089 This item did not get updated for the final ESP so the Original Estimate is not an apples to apples comparison with the reduced scope. Also the Allowance amount was determined before it was required by the Department of Commerce to have the ESCO complete all items on the project list therefore, it does not include the ESCO's markups. Original Scope: Reconfigure the existing Vacuum DE filter system to accommodate new filter grids that can be changed out separately as opposed to having to lift the entire filter grid out of the tank. This would have provided significant savings in staff time and improved filter capacity and reduced annual maintenance costs. However,the price to do this was high enough that it was more beneficial to reduce this scope to enable more items to be completed on the CIP List. Reduced Scope: Includes refinishing the existing filter tank, purchasing new filter grid covers, and all necessary equipment to change the filter covers in-house without having to contract this work out(which will save approximately$1,000 annually). M:\Aquatics\MPD BOARD Items\9.17.12 MPD Meeting Items\MPD 9.17.12-4.a Addendum Ito the ESP 9-12-12 Attachment I.docx Page 1 3 Item#19—ADA Improvements(Parking Lot): Allowance:$90,000/Original Estimate:$101,700 This item is reduced in expense based upon having an estimate from a contractor that the City has used multiple times for this kind of work.One thing to note is that the scope of this project may increase dependent upon code requirements. Both the ESCO and the contractor's estimate were based off plans that were drawn up several years ago that has now become evident would not bring this up to today's code. A modification will need to be done and potentially some additional engineering. Original Scope: Relocate ADA Parking Stall from the existing location to the stalls closest to the lobby doors. Add an ADA Ramp from the parking lot to the main entrance way. Reduced Scope: N/A Item#21—New Roof: Allowance:$85,449/Original Estimate: $378,000 This item is not an apples to apples comparison between the Original Estimate and the Allowance. The Allowance is as ballpark price from a contractor for a different kind of roof product. After the contractor gave their ballpark estimate they conducted further research on their own for the next several weeks (including a core sample of the roof)and discovered that there is currently about seven inches of insulation on the roof. Good news in the way of energy efficiency but an added variable for re-roofing that neither the contractor nor the ESCO knew about. Therefore,the scope and estimate from the contractor will need to be modified to reflect this as the current estimate does not. Also the Allowance amount does not include the ESCO's markups because it was determined before the Department of Commerce's requirements to have the ESCO complete all items on the project list. Original Scope: Re-roof the facility(specific process and scope was not made known to staff). Reduced Scope: Use a TPO type product that can be laid over the top of the existing torch down roof. Item#23—Locker Room Floor Resurfacing: Allowance: $85,000/Original Estimate: $92,389 This item is reduced in expense based upon using a different product and methodology of prep and application as specified by an architect that the City has used in the past. The product simply costs less per square foot and is cheaper to install. Original Scope: Remove existing tile floor,grind down smooth and apply new flooring product. Modified Scope: Use a different product that does not require the existing flooring to be removed first. These allowances were made to enable additional items to be included and completed in the overall project. Had these efforts to reduce scope and find cost savings not been sought after many additional items on the overall project list would not be getting completed. M:\Aquatics\MPD BOARD Items\9.17.12 MPD Meeting Items\MPD 9.17.12-4.a Addendum 1 to the ESP 9-12-12 Attachment Ldocx Page 2 4 Attachment 2 Tukwila Pool — Roof Project Bid Opening — November 16, 2012 Bid Security NO Adendum Bid Yes/No Advanced Roof Design LLC J $ Y10 2208 151st St E 1 Tacoma,WA 98445 ? Advancedroofdesien D mail.com r Sates Roofing LLC po box 9416 Tacoma,WA 98409 tom@batesroofinglic.com Commercial Industrial Roofing, Inc. $ 3601 121st Street SW Lynnwood,WA 98087-1539 len cir-roofin .com Fred Meyer Roofing $ V�D lo i 16468 Marine View Dr SW Burien,WA 98166 fmeyerroofi,02@email.com NortMweat Roof Service, Inc. ' � $ v v s 801 Central Ave N. Kent,WA 98035 alisab nwroof.com ' Tecta America Seattle LLC $ V1 0 1 9500 Aurora Avenue North Seattle,WA 98103 sgrinaker@tectaamerica.com 15 bq Johnson Exteriors, Inc. $ 1 1724 Garret Street r' Enumcalw,WA 98022 chris(&iohnsonexteriors.com Rick Still Kirstin May 5 6 Attachment 3 P-1 PROPOSAL (Lump Sum) CONTRACTOR'S NAME LI..C_ Contractor's State License No.BATc S SZL`t 145 a b Contractor's Registration No. (uBI NO.): Lea-a- tcozi- ': City of Tukwila Project No. TUKPOOL 2012-02 To the Mayor and City Council City of Tukwila, Washington The undersigned (Bidder) hereby certifies that he personally examined the location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) project titled TUKWILA POOL: ROOF PROJECT, Project No. TUKPOOL 2012-02 which includes but is not limited to investigating existing roof for leaks, installing new Thermoplastic Membrane Roofing over existing roof, replace flashing as needed, replace gutter to down spout transitions and restore any property damage to like condition. Contractors may obtain copies of the contract documents by contacting the Parks and Recreation Administration office and each bid shall be in accordance with the bid documents on file at the Parks and Recreation Department, 12424 42nd Avenue South, Tukwila, Washington 98168 (206-767-2342). Informational copies of any available maps, plans, and specifications, are on file for inspection and for any technical questions please contact the office of Rick Still, Director of Parks and Recreaton, 206-767-2342, 12424 42Rd Avenue South, Tukwila, Washington 98168; and has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following schedule of rates and prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. As evidence of good faith, (check one)*id bond or 0 cash, 0 cashier's check, O certified check, or 0 postal money order made payable to the City of Tukwila equal to five percent (5%) of the Total Bid Price is attached hereto. Bidder understands that, should this offer be accepted by Owner within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required performance bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall complete the Physical Work in all respects within Thirty [30] calendar days from the date of written Notice to Proceed. If the work is not completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1-08.9 of the Standard Specifications for every calendar day work is not physically complete after the expiration of the Contract time stated above. In addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. TUKW ILA POOL ROOF PROJECT Project No.TUKPOOL 2012-02 November 5.2012 7 Proposal P-2 TUKWILA POOL: ROOF PROJECT, Project No. TUKPOOL 2012-02 Note: Prices for all items,all extensions,and the total amount bid must be shown. Show prices in both words and figures (ink or typed), and where conflict occurs, the written or typed word shall prevail. Where conflict occurs between the Item price and the total amount specified,the item price shall prevail,and totals shall be corrected to conform thereto. BASE BID: ROOF PROJECT including, the Price for supplying and installing the Thermoplastic Membrane Roofing as specified without exception: IN WORDS: _ TOTAL BASE BID PRICE A t'e 5wvYt IN NUMBERS: o tiY` .Qr flc.ltr5 TOTAL BASE BID PRICE $ FLASHING BID: ROOF PROJECT including, the Linear Foot Price for supplying and installing flashing as needed: IN WORDS: TOTAL LINEAR FOOT BID PRICE $ �1r\J'PCa • I Y1��nSC r ��,.)f tii..ntt�'P� � 7'T1 F1VC d /� IN NUMBERS: TOTAL LINEAR FOOT BID PRICE $ 30 SS r Q A6451 •F� By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum Addendum No. Date of Receipt No. Date of Receipt 1 J 1 2 NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. Award will be based on Base Bid. The Surety Company which will furnish the required Performance Bond is C RJy—C of j l 0 0.11 z i S fif `5e' ('+)r i e 9 1l c� (Name) � (Address) Bidder: c.k es �r�r•1.�•�.�'1�_ L-I.C.- Signature of Authorized Official: f�f �� Printed Name and Title: e- C.t c Address: S Circle One: Individual/Partnership/Joint Venture/ State of Incorporation: W Corporation Phone No.: 4 53" 1 3 ` Date: Z .- This address and phone number is the one to which all communications regarding this proposal should be sent. TUKWILA POOL ROOF PROJECT Project No.TUKPOOL 2012-02 November 5,2012 8 Proposal P-3 NOTES: 1. If the Bidder is a co-partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). 2. A bid must be received on all items. If any unit prices or extensions are left blank they will be entered as $0.00 no charge. TUKWILA POOL ROOF PROJECT Project No.TUKPOOL 2012.02 November 5,2012 9 P-4 BID SECURITY Bid Deposit: The undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of dollars ($ )• Bid Bond: The undersigned, Bate's Roofing LLC (Principal), and Contractors Bonding and Insurance Company (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of Five Percent(5%)of the Total Amount Bid --------------------------------------- -- dollars ($--------------- ----), which for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not less than five percent (5%) of the total bid, including sales tax and is submitted by Principal to Owner in connection with a Proposal for TUKWILA POOL: ROOF PROJECT, Project No. TUKPOOL 2012-02, according to the terms of the Proposal and Bid Documents. Now therefore, a. If the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner in accordance with the terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persons performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, and shall in all other respects perform the Contract created by the acceptance of said Proposal, then this Bid Security shall be released; otherwise it shall remain in full force and effect and Principal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bond, as penalty and liquidated damages, . The obligations of Surety and its Bid Bond shall be in no way impaired or affected by any extension of time within which Owner may accept bids; and Surety does hereby waive notice of any such extension. Signed and dated this 1_6_day of November , 2012 Bate's Roofing f.f C Contractors Bonding and Insurance Company Principal Surety f By Siqp6ture of Authorized Official A orney in Fact(Attach Power of Attorney). Laura Morrow Attorney-in-Fact Title Name and address of local office of Griffin MacLean, Inc. agent and/or Surety Company: 2300 130th Ave NE A203 Bellevue, WA 98005 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. TUKWILA POOL ROOF PROJECT" Project No.TUKPOOL 2012.02 November 5,2012 10 Contractors Bonding and Insurance Company POWER OF ATTORNEY 1213 Valley Street an nu aauaxay P.O.Box 9271 Contractors Bonding and Insurance Company Seattle,WA 98109-027l Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company,a Washington corporation,does hereby make,constitute and appoint: Laura Morro3y.Smya Tobeck.Robert Tobeck,Paul Dent,jointly or nycrally in the City of Btllcy= , State of jyg5hinZWR_its true and lawful Agent and Attorney in Fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds,undertakings,and recognizances in an amount not to exceed Ten Million and 00/100 Dollars( $10,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company,and now in force to-wit: .............................. ....................... .............. .............. "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The Presidents any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies undertakinas.Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF,the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice Prcsid?.rit with its corporate seal affixed this 61h day of Jung 2012 GARD Contractors Bonding and Insurance Company M1 LEI.P R4, lbo's 00! 0 's L State of Washington , 1979 '.= Roy C.Die President SS County of King I CERTIFICATE On this 6th day of June 2012 1, the undersigned officer of Contractors Bonding and Insurance before me, a Notary Public, personally appeared Roy C. Die — who Company,a stock corporation of the State of Washington,do hereby being by me duly sworn,acknowledged that he signed the above Power of certify that the attached Power of Attorney is in full force and effect Attorney as the aforesaid officer of the Contractors Bonding and and is irrevocable; and furthermore, that the Resolution of the Insurance Company and acknowledged said instrument to be the voluntary Company as set forth in the Power of Attorney, is now in force. In act and deed of said corporation. testimony whereof, I have hereunto set my hand and the spal of the Contractors Bonding and Insurance Company this 16 day Ot4-v- �b o�,-24-1-2 Contractors Bonding and Insurance Company Joseph B..Vuller' Notary Public Notary Public State of Washington Roy C,Die Vice President JOSEPH B.MULLER MY COMMISSION EXPIRES March 29,2016 4875239032912 A0059511 P-5 NON-COLLUSION AFFIDAVIT STATE OF WASHINGTON ) ) ss. COUNTY OF KING } The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership,joint venture, or corporation named in the Bid Proposal has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named TUKWILA POOL: ROOF PROJECT, Project No. TUKPOOL 2012-02 Z41d.5 900rIlle- Name of Firm Signature of Autho '60fficial �r9�y�9 1"a 2 Title Sign d and sworn to before me o this day of i I j � _ L '_ t . , 20 ignature of Notary Pub j in and for the State of Washington ff� My appointment expires: tf L - t LIP F TAMARA J. FLOOD Notary Public tate of Washington Commission Expires ptember 21, 2016 SEAL TUKW ILA POOL ROOF PROJECT Project No.TUKPOOL 2012.02 November 5,2012 12 P-6 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: !Roc&.Ac-- LV - Address of Bidder: �6o r r • C. fir. �. tgac, - City i State Zip Code Contractor's License No.'j�iVfS(Z L 145,10 Contractor's State Tax No. 6,02- ( Of 5-_ J ! Dept. of L&I Bond Registration No. Worker's Comp. Acct. No. 14 1 �� Bidder is a(n): ❑ Individual ❑ Partnership ❑ Joint Venture 'Incorporated in the state of List business names used by Bidder during the past 5 years if different than above: Bidder has been in business continuously from Is Year Bank Reference Bank Account Officer Officer's Phone No. No. of regular full-time employees: i 5 Number of projects in the past 5 years completed: _ahead of schedule . o on schedule behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for (9 -years. As a subcontractor for years. List the supervisory personnel to be employed by the Bidder and available for work on this project (Project Manager, Principal Foreman, Superintendents, and Engineers): Name `` Title How Long With Bidder rri {' TUKW ILA POOL ROOF PROJECT Project No.TUKPOOL 2012-02 November 5,2012 13 Responsible Bidder Determination Form P'7 List all those projects, of similar nature and size, completed by Bidder within the past 5 years. Include a reference for each. Any attached preprinted project listing must include all this information. Year Contract Project Name Comoleted Amount Owner/Reference Name and Phone 7. •a k�c.�?_ -tt��' V CSS 1 �t g, .I-A MIL, 3�,Q,-39 X.E %194 Al e i I , ti � `� Z. - 3 List all projects undertaken in the last 5 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Total Claims Amount of Contract Arbitrated Settlement Name of Client and Protect Amount or Litigated of Claims Has Bidder, or any representative or partner thereof, ever failed to complete a contract? 0 N ❑ Yes If yes, give details: Has Bidder ever had any Payment/Performance Bonds called as a result of its work? JA No ❑ Yes If yes, please state: Project Name Contracting Party Bond Amount Has Bidder ever been found guilty of violating any State or Federal employment laws? ANo ❑ Yes if yes, give details: TUKWILA POOL ROOF PROJECT Project No.TUKPOOL 2012.02 November 5,2012 14 Responsible Bidder Determination Form P-8 Has Bidder ever filed for protection under any provision of the federal bankruptcy laws or state insolvency laws? q No ❑ Yes If yes, give details: Has any adverse legal judgment been rendered against Bidder in the past 5 years? %No ❑ Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? §(No ❑ Yes If yes, please state: Date Type of Injury Agency Receiving Claim The undersigned warrants under penalty of Perjury that the foregoing information is true and accurate to the best of his/her knowledge. The undersigned authorizes the City of Tukwila to verify all information contained herein. Signature of Bidder '6lrll� Title: ,(.{'T, lea Jop Date: TUKWILA POOL ROOF PROJECT Project No.TUKPOOL 2012-02 November 5,2012 15 P-9 PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT 3� an e, � can Labor to be used: t �5 4?v ' L4 C Name of der Sfgnature of Authorized Official Title TUKW ILA POOL ROOF PROJECT Project No.TUKPOOL 2012.02 November 5,2012 16 P-10 PROPOSED SUBCONTRACTORS Name of Bidder 3C VCS The following is a list of sub-contractors. The successful Bidder must have the written permission of the Owner to make any change to this list. Percent of total bid to be performed by Bidder 010% Schedule/Bid Item Numbers Name Subcontractor will perform %of Total Bid TUKW ILA POOL ROOF PROJECT Project No.TUKPOOL 2012.02 November 5,2012 17 18 City of Tukwila Rick Still, Parks and Recreation Director ••= INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM Rick Still, Parks and Recreation Director DATE: November 20, 2012 SUBJECT: Bid Award for Tukwila Pool Parking Lot & Access Improvements Project ISSUE Award the bid for construction of the Tukwila Pool Parking Lot & Access Improvement Project. BACKGROUND This project will provide improved parking and access to the Tukwila Pool. The Metropolitan Park District (MPD) approved five Capital Projects that were not included in their Energy Savings Performance Contract with McKinstry Essention, Inc., (McKinstry). The MPD Board agreed that these projects were important but not financially feasible as proposed by McKinstry in the Energy Services Proposal (ESP), approved August 20, 2012. However, City Staff confirmed that the projects could be designed, managed and constructed using the City's processes while being completed within the allotments provided in Addendum #1 to the ESP (see Attachment 1), approved September 17, 2012. The Tukwila Pool Parking Lot & Access Improvement Project [or Item #19 —ADA Improvements (Parking Lot)] has an allowance of$90,000.00. Six contractors were selected through the Small Works Roster process. A pre-bid walk was conducted on November 9th to familiarize and clarify any issues the contractors may have with the plans and the existing site conditions. Two contractors provided bids that were opened on November 16, 2012; $74,950.00 and $128,925.00 (see Attachment 2 — Bid Opening results). The apparent low, with a lump sum base bid of $74,950.00, is Evergreen Asphalt and Concrete, Inc. The Architect's estimate was $65,154.00. The Parking Lot & Access Improvement Project construction is scheduled to be complete by January 15, 2013, depending upon the weather. The easier access for gaining entry to the pool will be greatly appreciated by the pool patrons. ANALYSIS The two bids were reviewed and no errors were discovered in the base bid for either bidder. Evergreen Asphalt has successfully worked for the city on past projects and references were contacted with positive feedback. 19 INFORMATIONAL MEMO Bid Award for Tukwila Pool Parking Lot & Access Improvements Project Page 2 -November 20, 2012 The available budget allotment for the Tukwila Pool Parking Lot &Access Project construction is $90,000.00. With Evergreen Asphalt and Concrete, Inc.'s bid, a 9.66% contingency would put the budget just under $90,000.00. This project has low risk of cost overruns and the contractor has found construction cost savings on projects in the past. BUDGET AND BID SUMMARY Bid Results Estimate Budget Total Bid Amount $ 74,950.00 $ 65,154.00 $90,000.00 Tax (9.5%) 7,120.25 6,189.63 Total Bid Amount $82,070.25 $ 71,343.63 Contingency 9.66% $ 7,927.99 $ 7,134.36 0.00 TOTAL $ 90,277.28 $ZI&69.4Q $90,000.00 RECOMMENDATION The Council is being asked award the construction bid for the Tukwila Pool — Parking Lot & Access Improvements Project to Evergreen Asphalt and Concrete, Inc. in the amount of $82,070.25 for consideration on the consent agenda at the December 3, 2012 Regular Meeting. ATTACHMENTS Attachment 1 —Addendum 1 to the ESP Attachment 2 — Bid Opening results— November 16, 2012 Attachment 3 — Evergreen Asphalt & Concrete, Inc. Bid Proposal Exhibit A—Tukwila Pool — Parking Lot &Access Improvements Concept Site Plan 20 C%T-PlC-1 Oulb CBK0060LACAP BH A—d%.i�Pod ADA Prq..11 2012- 110 012 1015 49 AM Attachment 1 Addendum 1 to the ESP: September 12, 2012 The MPD Board adopted the Energy Services Proposal (ESP)from McKinstry on August 20, 2012 at which time the Board requested additional information on Section 4.5 "Allowances" on page 25 of the ESP. Below is the additional information now forth called Section 4.5.1"Additional Information to the Allowances"that explains in greater detail the five items. The following five items were not included as part of the base bid by McKinstry,the ESCO. These items are included in the overall project and will be completed. They are not considered as part of the base bid because the ESCO would not guarantee the max cost of these items. This is for a couple different reasons as outlined below. Item#16—Bulkhead Renovation: Allowance:$4,500/Original Estimate: $14,683 This item did not get updated for the final ESP so it is not an apples to apples comparison. Also,the Allowance amount was determined before it was required by the Department of Commerce to have the ESCO complete all items on the project list. Therefore,the Allowance amount does not include the ESCO's markups. Original Scope: Repairing axles and wheels,and completely refinishing the surface. Reduced Scope: Includes simply painting the existing one. Item#17—Pool filter Conversion(Vac DE Option): Allowance: $15,000/Original Estimate:$149,089 This item did not get updated for the final ESP so the Original Estimate is not an apples to apples comparison with the reduced scope. Also the Allowance amount was determined before it was required by the Department of Commerce to have the ESCO complete all items on the project list therefore, it does not include the ESCO's markups. Original Scope: Reconfigure the existing Vacuum DE filter system to accommodate new filter grids that can be changed out separately as opposed to having to lift the entire filter grid out of the tank. This would have provided significant savings in staff time and improved filter capacity and reduced annual maintenance costs. However,the price to do this was high enough that it was more beneficial to reduce this scope to enable more items to be completed on the CIP List. Reduced Scope: Includes refinishing the existing filter tank, purchasing new filter grid covers, and all necessary equipment to change the filter covers in-house without having to contract this work out(which will save approximately$1,000 annually). M:\Aquatics\MPD BOARD Items\9.17.12 MPD Meeting Items\MPD 9.17.12-4.a Addendum Ito the ESP 9-12-12 Attachment Ldocx Page 1 21 Item#19—ADA Improvements(Parking Lot): Allowance: $90,000/Original Estimate: $101,700 This item is reduced in expense based upon having an estimate from a contractor that the City has used multiple times for this kind of work. One thing to note is that the scope of this project may increase dependent upon code requirements. Both the ESCO and the contractor's estimate were based off plans that were drawn up several years ago that has now become evident would not bring this up to today's code. A modification will need to be done and potentially some additional engineering. Original Scope: Relocate ADA Parking Stall from the existing location to the stalls closest to the lobby doors. Add an ADA Ramp from the parking lot to the main entrance way. Reduced Scope: N/A Item#21—New Roof: Allowance: $85,449/Original Estimate: $378,000 This item is not an apples to apples comparison between the Original Estimate and the Allowance. The Allowance is as ballpark price from a contractor for a different kind of roof product. After the contractor gave their ballpark estimate they conducted further research on their own for the next several weeks (including a core sample of the roof) and discovered that there is currently about seven inches of insulation on the roof. Good news in the way of energy efficiency but an added variable for re-roofing that neither the contractor nor the ESCO knew about. Therefore,the scope and estimate from the contractor will need to be modified to reflect this as the current estimate does not. Also the Allowance amount does not include the ESCO's markups because it was determined before the Department of Commerce's requirements to have the ESCO complete all items on the project list. Original Scope: Re-roof the facility(specific process and scope was not made known to staff). Reduced Scope: Use a TPO type product that can be laid over the top of the existing torch down roof. Item#23—Locker Room Floor Resurfacing: Allowance: $85,000/Original Estimate: $92,389 This item is reduced in expense based upon using a different product and methodology of prep and application as specified by an architect that the City has used in the past. The product simply costs less per square foot and is cheaper to install. Original Scope: Remove existing tile floor, grind down smooth and apply new flooring product. Modified Scope: Use a different product that does not require the existing flooring to be removed first. These allowances were made to enable additional items to be included and completed in the overall project. Had these efforts to reduce scope and find cost savings not been sought after many additional items on the overall project list would not be getting completed. M:\Aquatics\MPD BOARD Items\9.17.12 MPD Meeting Items\MPD 9.17.12-4.a Addendum Ito the ESP 9-12-12 Attachment Ldocx Page 2 22 Attachment 2 Tukwila Pool — Parking Lot & Access Project Bid Opening — November 16, 2012 Bid Security Adendum #1 Bidder Aknowledged Bid Yes/No Yes/No AA Asphalting, Inc $ 2518 East Valley Hwy Sumner,WA 98390 jeff@aaasphalting.com Coby Construction $ l PO Box 8589 Covington,WA 98042 micheledurkee@comcast.net db General Contractors, Inc. $ no b l 3320 West Valley Highway, D-106 Auburn, WA 98001 lake@db-gc.com Evergreen Asphalt and Concrete Inc. $ PO Box 1567 Kent, WA 98036 evergreen.shane @)comcast.net Gary Merlino Construction Co., Inc. $ V1 0 y2 1 Ul 9125 - 10th Ave. South Seattle, WA 98108 $arryl @gmccinc.com Rainier Asphalt and Concrete, LLC P.O. Box 1549 North Bend, WA 98046 mer rainieras halt.com Rick Still Kirstin Ma 23 24 Attachment 3 P-1 PROPOSAL (Lump Sum) CONTRACTOR'S NAME Contractor's State License No. C—V zl't t L 9-q 2- Contractor's Registration No. (uBi No.): U OZ Zy a 5"70 City of Tukwila Project No. TUKPOOL 2012-01 To the Mayor and City Council City of Tukwila, Washington The undersigned (Bidder) hereby certifies that he personally examined the location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) project titled TUKWILA POOL: PARKING LOT & ACCESS IMPROVEMENTS, Project No. TUKPOOL 2012-01 which includes but is not limited to Demolition of concrete and clearing and grubbing; and construction of concrete parking area walkways and seat wall; install"French drain", top soil and wood multch; and relocation of the flag pole. Contractors may obtain copies of the contract documents by contacting the Parks and Recreation Administration office and each bid shall be in accordance with the bid documents on file at the Parks and Recreation Department, 12424 42 d Avenue South, Tukwila, Washington 98168 (206-767-2342). Informational copies of any available maps, plans, and specifications, are on file for inspection and for any technical questions please contact the office of Chris Peterson, LPA of The LAstudio, 206-204-0507, 15200 52nd Ave. South, Tukwila, 98188; and has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following schedule of rates and prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. As evidence of good faith, (check one) ❑ bid bond or ❑ cash, ashier's check, ❑ certified check, or ❑ postal money order made payable to the City of Tuk it equal to five percent (5%) of the Total Bid Price is attached hereto. Bidder understands that, should this offer be accepted by Owner within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required performance bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall complete the Physical Work in all respects within Thirty [30] calendar days from the date of written Notice to Proceed. If the work is not completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1-08.9 of the Standard Specifications for every calendar day work is not physically complete after the expiration of the Contract time stated above. In addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. TUKWILA POOL PARKENG LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 25 Proposal P-2 TUKWILA POOL: PARKING LOT&ACCESS IMPROVEMENTS, Project No. TUKPOOL 2012-01 Note: Prices for all items,all extensions,and the total amount bid must be shown. Show prices in both words and figures (ink or typed), and where conflict occurs,the written or typed word shall prevail. Where conflict occurs between the item price and the total amount specified,the item price shall prevail;and totals shall be corrected to conform thereto. BASE BID: PARKING LOT&ACCESS IMPROVEMENTS including, the Demolition and Disposal; and Construction Price for supplying concrete and landscaping as specified without exception: IN WORDS: dp TOTAL BASE BID PRICE $ IN NUMBERS: !20 TOTAL BASE BID PRICE $ By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum Addendum No. Date o No. Date of Receipt 2 NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. Award will be based on Base Bid. The Surety Company which will furnish the required Performance Bond is N6 -a of roz) Sly 5!-41--200 (Name) (Address) Bidder: Signature of Authorized Official: Printed Name and Title: S�^ c.. 6r01 +,tAkr,.,._,. Address: G,-7 !- wA 98� Circle One: Individual/Partnership/Joint Venture/ f o oration: [,�J YCorporation Phone No.: Z 5-`3 Ir.s 301 ,37-7 Date: 12 This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES: 1. If the Bidder is a co-partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). 2. A bid must be received on all items. If any unit prices or extensions are left blank they will be entered as $0.00 no charge. TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 26 P-3 BID SECURITY Bid Deposit: he undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in o a cash deposit, certified or ashier's check, or postal money order in the amount of dollars ($ 75J )• Bid Bond: The undersigned, t (Principal), and (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of dollars ($ ), which for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not less than five percent (5%) of the total bid, including sales tax and is submitted by Principal to Owner in connection with a Proposal for TUKWILA POOL: PARKING LOT & ACCESS IMPROVEMENTS, Project No. TUKPOOL 2012-01, according to the terms of the Proposal and Bid Documents. Now therefore, a. If the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner in accordance with the terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persons performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, and shall in all other respects perform the Contract created by the acceptance of said Proposal, then this Bid Security shall be released; otherwise it shall remain in full force and effect and Principal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bond, as penalty and liquidated damages, . The obligations of Surety and its Bid Bond shall be in no way impaired or affected by any extension of time within which Owner may accept bids; and Surety does hereby waive notice of any such extension. Signed and dated this day of , 20 Principal Surety By Signature of Authorized Official Attorney in Fact(Attach Power of Attorney) Title Name and address of local office of agent and/or Surety Company: Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. TUKWILA POOL PARKING LOT 8 ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 27 P-4 NON-COLLUSION AFFIDAVIT STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership,joint venture, or corporation named in the Bid Proposal has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named TUKWILA POOL: PARKING LOT&ACCESS IMPROVEMENTS, Project No. TUKPOOL 2012-01 V v tr t C 3 A-.,p�A (^ Name of Firm Signa ure of Authorized Official Title Signed and sworn to before me on this day of , , 20 . S' ature of Nota I' in ` d for the State of Washington My appointment expires: p, J. O.•"ssjorr 9 �� C7 � � 9 �ZNOTAR y�N " _ . SEAL :.* PUBLIC OF WASYN TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 28 P-5 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: 6o­c4"— : '—c ' Address of Bidder: PO / City State Zip Code Contractor's License No. 91 erg,,tc_ 7yKZ Contractor's State Tax No. 60ZZ '44,5­710 Dept. of L&I Bond Registration No. 63 - 0 33g7ta Worker's Comp. Acct. No. Nz Z 76 -oo Bidder is a(n): ❑ Individual ❑ Partnership ❑Joint Venture Incorporated in the state of List business names used by Bidder during the past 5 years if different than above: Bidder has been in business continuously from Z Oo 'Z Year Bank Reference __LL^�\-j : U+y» - ►+� .fC�- r'K kb� zc;3 RgA 7� Bank Account Officer Officer's Phone No. No. of regular full-time employees: 7 Number of projects in the past 5 years completed: ahead of schedule /03 on schedule behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for I years. As a subcontractor for years. List the supervisory personnel to be employed by the Bidder and available for work on this project (Project Manager, Principal Foreman, Superintendents, and Engineers): Name Title How Long With Bidder r w -_ Pt'-s ra, -- t ( V"5 ta; 1-kL- V 0,c.l+.k. nM► JML i o,c. yrs TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 201201 November 5,2012 29 Responsible Bidder Determination Form P-6 List all those projects, of similar nature and size, completed by Bidder within the past 5 years. Include a reference for each. Any attached preprinted project listing must include all this information. Year Contract Project Name Completed Amount Owner/Reference Name and Phone 'GG rotes .. o I Z 1-7 y— Jr List all projects undertaken in the last 5 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: /4 o N r, Total Claims Amount of Contract Arbitrated Settlement Name of Client and Proiect Amount or Litigated of Claims Has Bidder, or any representative or partner thereof, ever failed to complete a contract? *91 No ❑ Yes If yes, give details: Has Bidder ever had any Payment/Performance Bonds called as a result of its work? No ❑ Yes If yes, please state: Proiect Name Contracting Party Bond Amount Has Bidder ever been found guilty of violating any State or Federal employment laws? fNo ❑ Yes If yes, give details: TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 30 Responsible Bidder Determination Form P-7 Has Bidder ever filed for protection under any provision of the federal bankruptcy laws or state insolvency laws? ;!fNo ❑ Yes If yes, give details: Has any adverse legal judgment been rendered against Bidder in the past 5 years? No ❑ Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? XNo ❑ Yes If yes, please state: Date Type of Injury Agency Receiving Claim The undersigned warrants under penalty of Perjury that the foregoing information is true and accurate to the best of his/her knowledge. The undersigned authorizes the City of Tukwila to verify all information contained herein. Signature of Bidder Title: r'°> x-.11- Date: I I '" ( Z TUKWILA POOL PARKING LOT$ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012.01 November 5,2012 31 P-8 PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT r- => Zvi C� /�.�rw �,�•^J a zC>C%> TD I Labor to be used: t+w�- Name of Bidder Signature of Authorized Official Title TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012.01 November 5,2012 32 P-9 PROPOSED SUBCONTRACTORS Name of Bidder kr The following is a list of sub-contractors. The successful Bidder must have the written permission of the Owner to make any change to this list. Percent of total bid to be performed by Bidder % Schedule/Bid Item Numbers Name Subcontractor will perform %of Total Bid TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 33 concept site plan tukwila pool parking lot and access improvements la studio map City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Jack Pace, Community Development Director BY: Carol Lumb, Senior Planner DATE: November 8, 2012 SUBJECT: Shoreline Master Program Implementation —Year One Experience BACKGROUND The City of Tukwila adopted a new Shoreline Master Program, revised to incorporate Washington State Department of Ecology corrections, on August 15, 2011. The Department of Ecology approved the City's Shoreline Master Program on October 14, 2011 and the new Master Program became effective on October 28-2011. At the time the Master Program was approved by the City, staff committed to report back to the Council a year after the Program was in effect as to how implementation of the new Program was going. The Council wanted to know whether there were any issues with implementation of the new regulations and whether any adjustments might be needed. SHORELINE MASTER PROGRAM IMPLEMENTATION Since approval of the City's new Shoreline Master Program by Ecology the City has received only two shoreline substantial development applications: L12-016: to utilize sand from decommissioned Hesco Units to fill behind the COE Certified levee to provide an area for the movement of materials outside an industrial building. L12-022: installation of underground telecommunications cable within the right-of-way and under the Southcenter Boulevard bridge over the Green River. As a result, there has been little opportunity to test the new regulations on actual development projects. Staff recommends that we continue to track shoreline substantial development permit applications and provide the Council with another implementation assessment in August, 2013. If you have any questions, please contact Carol Lumb at 206-431-3661. 35 36 City of Tukwila Jim Haggerton, Mayor •• INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee Community Affairs and Parks Committee FROM: Jack Pace, DCD Director BY: Minnie Dhaliwal, Planning Supervisor DATE: November 13, 2012 SUBJECT: Noise and parking issues associated with the Link Light Rail. ISSUE Update on the implementation of the Settlement Agreement with Sound Transit on Link Light Rail noise and parking issues. BACKGROUND Sound Transit is required to monitor parking usage and off-site parking impacts related to the Light Rail station. The latest parking usage data is included as Attachment A. The Parking Determination, issued in 2004, included detailed conditions related to parking usage, monitoring and increasing parking supply based on demand. See attached condition number 3 and 4 in the Notice of Decision for the Parking Determination (Attachment B). Upon finding that the conditions of the Parking Determination were not being met; the city initiated the dispute resolution process with the Director of Light Rail, Ahmad Fazel, as set forth in the Development Agreement. The City Council approved the Development Agreement in 2004. This agreement sets forth the steps to follow in order to resolve disputes such as these. In the event the dispute is not resolved at staff level, the Agreement requires that it be escalated to Level Three (between the city administrator and the chief executive of Sound Transit). After Level Three the Parties are free to file suit or agree to alternative dispute resolution methods, such as mediation or arbitration. See attached letter dated Nov 9, 2010 that initiated the dispute resolution process and Sound Transit's response letter (Attachment C). As a result of the dispute resolution process the city and Sound Transit entered into a Settlement Agreement (Attachment D) DISCUSSION A) Noise Sound Transit agreed to install Type 1 noise barriers near the Duwamish neighborhood as part of the Settlement Agreement. Sound Transit has secured a bid to install the barriers and plans to complete the work by mid-2013. Sound Transit will submit two additional noise monitoring report after installation of the noise barriers. Sound Transit's latest response on the status of the items addressed in the Settlement Agreement is included as Attachment E. B) Parking Sound Transit was required to provide a parking demand study for the Airport Link and the University Link extension at the time these extensions were planned. A total of 600 stalls were required at the initial opening and Sound Transit had to provide up to 1000 stalls within three years of reaching capacity (more than 90% full). See condition number 3 in the 2004 Parking Determination (Attachment B). Sound Transit plans on adding 1050 stalls at the S 200th St station, when the alignment is extended to South 200th Street in the City of SeaTac. As part of the dispute resolution process, we asked Sound Transit to address our concerns that the 37 INFORMATIONAL MEMO Page 2 conditions of the Parking Determination were not being met. Sound Transit shared the results of the survey that showed the catchment area for Tukwila International Blvd station (Attachment F) According to Sound Transit the catchment area predominantly includes zones to the south and east of the station, and the additional parking that will be constructed at S 200th Street station will reduce the parking demand at Tukwila station. The two options reviewed during dispute resolution process were (1) require additional parking to be constructed within three years at the Tukwila International Boulevard Station; or (2) defer the requirement of additional parking until the alignment is extended to S. 200th Street where additional parking will be constructed. In order to resolve the dispute regarding the parking, Sound Transit proposed that the City defer the requirements of the 2004 Parking Determination to provide additional parking at the Tukwila Station until 2017, provided Sound Transit makes measurable progress to accelerate the extension to South 200th, where 600 to 1050 additional stalls will be built by 2016. Sound Transit shall request this amendment to 2004 Parking Determination to defer the requirement for additional parking with a commitment to assess parking supply and demand after the University Link is operational and additional parking is built at South 200th Street. This assessment shall determine if any additional parking is needed at the Tukwila Station. Per the settlement agreement Sound Transit shall request this amendment to the Parking Determination by December 2012. At the same time Sound Transit shall continue to monitor on-site and off- site Link Light Rail related parking utilization and help mitigate hide and ride parking should it occur as required by 2004 Parking Determination. The latest parking counts at the station site and the adjoining hide and ride area are provided as Attachment A to this memo. The status of items addressed under the Settlement Agreement is included as Attachment E. FINANCIAL IMPACT Not applicable RECOMMENDATION/ NEXT STEPS This item is for information only. Sound Transit will submit a request for amendment to the 2004 Parking Determination asking the City to defer the requirement to provide additional parking until 2017. This request is due to the city by the end of this year. The Community Development Director shall issue an amended decision. If you have any questions regarding this matter please feel free to call me at 206-431-3686 or email at jack.pace(cDtukwilawa.gov ATTACHMENTS A. Latest parking counts provided by Sound Transit from October 2012. B. Notice of Decision for the Parking Determination dated July 1, 2004. C. November 9, 2010 letter from Tukwila to Sound Transit initiating the Level Two dispute resolution process and Sound Transit's response letter dated November 23, 2010. D. Settlement Agreement E. Sound Transit's latest response on the status of the items addressed in the Settlement Agreement. F. Map showing catchment area for Tukwila International Blvd station. 38 Attachment A mur-Z $OUNDTRANSR MEMO October 29,2012 TO: Jack Pace,Director of Community Development Department of Community Development City of Tukwila FROM: Michael Miller,Manager of Customer Facilities and Accessible Services Central Puget Sound Regional Transit Authority(Sound Transit) SUBJECT: Tukwila International Boulevard Station(TIBS) Surveys This memorandum summarizes the results of the second 2012 parking surveys for the Tukwila International Boulevard Station(TIBS),formerly referred to as the South 154th Street Light Rail Station. These surveys were conducted in accordance with the July 1, 2004 City of Tukwila Parking Determination Notice of Decision for Permit L03-059. In a teleconference call on April 23,2010, Sound Transit staff Sue McKim discussed the schedule for future surveys,committing to complete this ninth survey by October,2012,which the City agreed to. This memorandum includes the schedule for future surveys. Methodolou Two surveys were conducted on October 23`d and 24d': to estimate utilization of station's park-and-ride lots and to assess parking utilization in the hide-and-ride impact area adjacent the station. The hide-and- ride impact area for the survey was established in 2004 by the City's then Director of Community Development, Steve Lancaster. This was based on a study that was done for Sound Transit,the City of Tukwila and the City of SeaTac by DKS Associates in 2004-2005 (Hide-and-Ride Monitoring Program, Baseline Parking Utilization Study, South 154th Street Light Rail Station). As required by the Parking Determination Notice of Decision,the October 2012 surveys were conducted on two consecutive mid-week days: Tuesday and Wednesday,October 23`d&24`''. This was a neither a holiday week nor adjacent to a holiday week;weather conditions were typical for the season. As recommended in the Parking Determination Notice of Decision,the schedule for the counts was the same as the schedule for the Baseline Parking Utilization Study: counts were conducted hourly from 6:00 am— 6:00 pm. Finally,the hide-and-ride survey used the parking space inventory that was established as part of the Baseline Parking Utilization Study. City of Tukwila Memorandum—October 29,2011 Tukwila International Boulevard Station Surveys Page 1 of 3 39 r� SOUNDTRANSIT MEMO Survey Results Hide-and-Ride Survey—Table 1 Table One summarizes the on-street parking utilization counts. Utilization averaged between 23.50- 24.94%of the total available on-street parking spaces. This was similar to utilization during the April 2005 survey,where the average utilization was between 20-27%. Detailed data of the hourly counts is provided in Attachments 1.A and I.B. Additionally,Attachments 2.A and 2.B provide graphs comparing data from the 2012 survey to the April 2005 baseline survey. Table 1.Hide-and-Ride Percent Utilization—Oct 23&24, Percent Utilization—Oct 2012 vs.Apr Time of Day 2012 2005 23-Oct-12 24-Oct-12 Oct-12 Apr-05 6:00 AM-6:00 23.50% 24.94% 24.22% 23.00% PM ° Note: Average utilization calculation:(Hourly sum of cars/total available parking) Inventory Modifications The survey was done using the final inventory figures from the 2005 report by DKS Associates. Modifications to the original October 19'',2004 survey include: •An increase from 16 to 21 spaces on the east side of 30th South between South 152nd and South 154th. •An increase from 3 to 11 spaces on the south side of South 150th between International Boulevard and Military Road. •A reduction from 3 to 0 spaces on the east side of 42nd Avenue South north of South 152nd Street. Illegal Parking—Staff observed no apparent illegal parking. TIBS Park-and-Ride Utilization—Table 2 Table Two summarizes the results from the park-and-ride counts taken on Oct 23 &Oct 24,during the time period from 6:00 AM—6:00 PM. Utilization during this time averaged 86.32%. Parking utilization peaked between the hours of 8:00 AM—3:00 PM on the second day. Attachments 3.A and 3.B provide graphs that depict hourly utilization. City of Tukwila Memorandum—October 29,2011 Tukwila International Boulevard Station Surveys Page 2 of 3 40 MWE'Im SOuNDTRANsIT MEMO Table 2. .- Time of Day Percent Utilization—Oct 23&24,2012 Average Utilization Both Days 23-Oct-12 24-Oct-12 6:00 AM-6:00 PM 86.70% 85.93% 86.32% 6:00 AM 43% 41% 42% 7:00 AM 96% 81% 88% 8:00 AM 100% 100% 100% 9:00 AM 100% 100% 100% 10:00 AM 100% 100% 100% 11:00 AM 100% 100% 100% 12:00 PM 100% 100% 100% 1:00 PM 100% 100% 100% 2:00 PM 98% 98% 98% 3:00 PM 95% 94% 94% 4:00 PM 87% 88% 88% 5:00 PM 1 68% 69% 69% 6:00 PM 1 40% 47% 43% Note: Average utilization calculation:(Hourly sum of cars/total available parking) Future Surveys The October 2012 survey is the second semiannual survey as required by the July 1, 2004 City of Tukwila Parking Determination Notice of Decision for Permit L03-059. Beginning in 2012, in accordance with the Notice of Decision,the next count will be conducted in April 2013. 2013 Schedule Mid-April and mid-October Please direct any questions you may have about this or future surveys to me. Cc: Ron Lewis, Sound Transit Vida Covington, Sound Transit John May, Sound Transit City of Tukwila Memorandum—October 29,2011 Tukwila International Boulevard Station Surveys Page 3 of 3 41 42 x x x x Attachment B City of L ula r lla Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director 1908 July 1,2004 PARKING DETERMINATION NOTICE OF DECISION TO: Sound Transit,Applicant King County Assessor,Accounting Division Agencies with Jurisdiction All Parties of Record This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project' and permit approval. I. PROJECT INFORMATION Project File Number: L03-059 Applicant: Sound Transit Type of Permit Applied for:Parking Determination(Type 2 Permit) Project Description: Central Link Light Rail,South 154 'Street Station Location: Locations proposed by Sound Transit for S. 15e Street station parking are: Site A: 3122 S. 154`h Street,Tukwila,WA; Site B: 15244 Tukwila International Blvd.,Tukwila,WA Associated Files: L03-057—Unclassified Use Permit L03-058—Shoreline Variance L03-060—Design Review Comprehensive Plan Regional Commercial Designation/Zoning Regional Commercial District: Regional Commercial II. DECISION SEPA Determination: The Sound Transit SEPA Responsible Official has previously determined that the project creates a probable significant environmental impact and required preparation of an Environmental Impact Statement (EIS) on the project. See Section IV of this Notice of Decision for more information concerning environmental documents. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax. 206-431-34 5 Parking Determination Notice of Decision File#L03-059 July 1,2004 Decision on Substantive Permit: Based on the staff report dated June 30,2004, the Community Development Director has determined that the application for a Parking Determination complies with applicable City code requirements and Comprehensive Plan Policies and has made a determination approving Sound Transit's provision of a minimum of 600 parking spaces at the S. 154`h Street Station, as an initial requirement of station opening. This parking determination includes conditions of approval. The following conditions, except where otherwise noted, relate to the Initial Segment Central Link Project. This "initial segment" is defined as the Sound Transit light rail szstem with a northern terminus at Convention Place Station and a southern terminus at S. 154` Street Station. The conditions contained in this document serve two purposes; 1)to ensure adequate project-related parking facilities in the short and long term and 2) to ensure adequate monitoring and mitigation of off-site parking impacts. Some of these conditions are based on those parking mitigation commitments required under the Amended Record of Decision for the Initial Segment of Central Link Project and those proposed by Sound Transit in the document entitled"Final Report, South 154`h Street Station Parking Study and Mitigation Plan", September 30, 2003. Conditions to Ensure Adequate Off-Street Parking Facilities The purpose of these conditions is to assure that adequate parking for the Initial Segment Central Link Project is provided. Under these conditions, Sound Transit will formulate and implement a demand monitoring program for the Station's parking facilities. These conditions include trigger mechanisms wherein Sound Transit will reevaluate parking demand and/or build additional parking capacity to accommodate demand through the year 2020. 1. Sound Transit shall provide a minimum of 600 parking spaces at opening of the Initial Segment. Infrastructure and site design for these initial 600 spaces shall not preclude the potential for future demand of up to 1330 spaces (the City's year 2020 estimate of parking demand) in the future. 2. Sound Transit shall implement measures to discourage or prevent patrons whose destination is Seattle-Tacoma International Airport for parking at the S. 154`h Street station area. These measures shall include the following: a. Sound Transit shall require that passengers destined for the Airport have a valid light rail ticket from a station other than S. 154' in order to board the Airport shuttle. b. Sound Transit shall place appropriately located and visible signage warning that parking is exclusively for light rail patrons. c. Sound Transit shall implement and enforce a"no overnight"parking rule at the S. 154'h Street station. Page 2 of 9 48 Parking Determination Notice of Decision File#L03-059 July 1,2004 d. Sound Transit shall work with the City of Tukwila and the Port of Seattle to develop special enforcement policies to allow park and ride facilities at the S. 154th Street Station to remain available for transit users. 3. Sound Transit shall design and implement an on-site parking demand monitoring and expansion program as well as provisions to build parking as required to accommodate demand, all as acceptable to the Director of the Department of Community Development ("the Director"). The parking demand monitoring system shall include the following: a. Counts of parking usage shall be taken in the station parking facilities. Counts shall occur quarterly for the two years following the S. 154th Street station opening, and semi- annually thereafter. Both quarterly and semi-annual counts shall include the months of April and October. Sound Transit shall return to the original schedule for counting following any expansion of parking for the S. 154th Street station related to an increase in parking demand for the initial segment. b. Counts shall be taken hourly and shall occur on two consecutive mid-week days(Tuesday and Wednesday or Wednesday and Thursday) of a non-holiday week that is also not adjacent to a holiday week. All counts shall occur on days having typical weather conditions for the season. c. Counting program results shall be tabulated and mailed to the Director within 14 days of the count. d. If the counting program indicates that the average maximum parking accumulation during the day, for the two days is equal to or exceeds 90% of the existing stalls, Sound Transit shall immediately initiate one of the following actions: i. Sound Transit may prepare a forecast of parking demand acceptable to the Director. The demand forecast shall be for the year 2020 and shall utilize information from the counting and survey programs for both the parking demand monitoring expansion program and the hide and ride impact area monitoring program, as well as forecasting model runs provided by Sound Transit and acceptable to the Director. Sound Transit shall provide additional parking to accommodate forecast parking demand within three years of the determination of any additional number of spaces needed. Sound Transit shall be responsible for obtaining any permits and approvals needed and for the full cost of this additional parking; or ii. In the alternative, Sound Transit may choose to immediately begin the process to design and build additional parking so that the total number of spaces provided equals 10_00 or more. No demand analysis is required under this alternative. Sound Transit shall immediately inform the Director of its intent to provide additional parking under this condition and shall provide this additional parking within three years. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of this additional parking. e. Following the construction and opening of any additional parking spaces as described under subsection"d" above, the counting program shall return to the original schedule for counting (counts shall occur on a quarterly basis for the first two years and semi-annually thereafter). If the counting program indicates that the average maximum parking Page 3 of 9 49 Parking Determination Notice of Decision File#L03-059 July 1,2004 accumulation during the day, for the two days is equal to or exceeds 90% of the existing stalls, Sound Transit shall immediately initiate one of the following actions: i. Sound Transit may prepare a forecast of parking demand acceptable to the Director. The demand forecast shall be for the year 2020 and shall utilize information from the counting and survey programs, as well as forecasting model runs provided by Sound Transit and acceptable to the Director. Sound Transit shall provide additional parking to accommodate forecast parking demand within three years of the determination of any additional number of spaces needed. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of this additional parking; or ii.In the alternative, Sound Transit may choose to immediately begin the process to design and build additional parking so that the total number of spaces provided equals 1330 or more. No demand analysis is required under this alternative. Sound Transit shall immediately inform the Director of its intent to provide additional parking under this condition and shall provide this additional parking within three years. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of this additional parking. f. In the event the counting program indicates that the average maximum parking accumulation during the day, for the two days is equal to or exceeds 95% of the existing stalls, Sound Transit shall immediately begin the process to design and build additional parking. The additional parking shall be completed within three years. Total parking spaces provided upon completion shall be no fewer than 1000 spaces or no fewer than 1330 spaces, as appropriate. g. The requirement for an on-site parking demand monitoring and expansion program shall expire on December 31, 2020 or upon expansion of the S. 154`h Street facility to include a total of 1330 or more parking spaces, whichever should occur first. 4. If at any time after the issuance of this parking determination, a decision is rendered to extend the Initial Segment of Central Link in any direction, whether or not portions of any such extension occur within the City of Tukwila, Sound Transit shall conduct a parking demand study to determine the additional level of parking demand likely to occur at the S. 154`h Street Station. This study shall entail a forecast of parking demand acceptable to the Director, who shall render a new parking determination upon its completion. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of additional parking needed due to the extension. 5. During any time of construction of new parking or other impediment to designated station parking areas, Sound Transit shall assure that temporary parking is provided whether by shared parking or lease agreements with other property owners. Page 4 of 9 50 Parking Determination Notice of Decision File#L03-059 July 1,2004 Conditions to Ensure Adequate Monitoring and Mitigation of Off-Site Parking Impacts The purpose of these conditions is to assure that Sound Transit will monitor and mitigate off-site parking ("hide and ride") impacts related to the project. 6. Sound Transit shall prepare an inventory of areas allowing on-street parking within 2000 feet of the S. 154`h Street facility. The inventory shall be prepared no earlier than six months prior to completion of the hide-and-ride baseline study described below, and shall indicate the availability and capacity of on-street parking areas, as well as any existing parking controls (parking restrictions by type, time limits, etc.)by block facet. The inventory shall be prepared to the satisfaction of the Director,who shall consult with the City of SeaTac before accepting the inventory. 7. After reviewing the on-street parking inventory, the Director shall establish a hide-and-ride impact area, in consultation with the City of SeaTac. This area's boundaries shall include only those locations within the inventory area deemed by the Director to have reasonable potential for hide-and-ride use by Central Link patrons. Factors in this determination shall include, but not be limited to the effectiveness of existing parking control measures and walking distance from the S. 154`h Street Central link station. 8. Sound Transit shall initiate a baseline inventory of on-street parking utilization within the approved hide-and-ride impact area prior to issuance of permits for construction of the 5.154`h Street station. a. The baseline utilization inventory shall include actual counts of parking utilization in public rights-of-way within the hide and ride impact area. This count shall occur on a quarterly basis for at least a twelve calendar month period. At least two of the quarterly counts shall occur prior to the start of construction for the South 154`h Street station. All counts shall occur on two consecutive mid-week days (Tuesday and Wednesday or Wednesday and Thursday) of a non-holiday week that is also not adjacent to a holiday week. The counts shall occur during days with typical weather conditions for the season. The schedule and methods for these counts shall be subject to approval by the Director. b. Utilization and occupancy rates shall be collected within the hide and ride impact area,by block face and time of day. Information on violation of existing parking regulations shall be included. The number and timing of counts per day shall be subject to prior approval by the Director, who shall consult with the City of SeaTac in making this determination. 9. Sound Transit shall develop and carry out a hide-and-ride impact area monitoring program. The monitoring program shall be subject to the approval of the Director, who shall consult with the City of SeaTac prior to approving the program. The monitoring program shall meet the following requirements: "Block face"means the area on one side of a street lying between street intersections. Page 5 of 9 51 Parking Determination Notice of Decision File#L03-059 July 1,2004 a. Actual counts of parking utilization in public rights-of-way within the hide and ride impact area shall occur on a quarterly basis for 24 calendar months following opening of the S. 154`h Street station. Thereafter, counts shall occur semi-annually. Both quarterly and semi-annual counts shall include the months of April and October. All counts shall occur on two consecutive mid-week days (Tuesday and Wednesday or Wednesday and Thursday) of a non-holiday week that is also not adjacent to a holiday week. The counts shall occur during days with typical weather conditions for the season. The schedule for these counts shall be as close to the schedule used for the baseline inventory as is reasonably possible, to provide an accurate comparison. b. Utilization and occupancy rates shall be collected within the hide and ride impact area,by block face and time of day. Information on violation of existing parking regulations shall be included. 10. If at any time the hide-and-ride impact area monitoring program indicates the presence of significant hide-and-ride parking, Sound Transit shall identify and implement, at its sole cost, effective mitigating measures. "Significant hide and ride parking"means a decrease by 50 percent or more of unutilized parking spaces for any block face within the hide and ride impact area, which cannot be attributed to other causes. For example, if the parking utilization rate is 50 percent before station opening and 75 percent or more after light rail implementation, Sound Transit shall implement effective mitigation measures. These mitigating measures shall be subject to approval by the Director,who shall consult with the City of SeaTac concerning any measures that may affect that City. Approved mitigating measures shall be implemented as soon as is practically possible. The monitoring program established pursuant to Condition 9, above, shall be carried out quarterly for the year following implementation of these mitigating measures. Mitigating measures may include, but shall not be limited to the following, all subject to approval by the applicable decision makers: • Provision of additional off-street parking; • Rider outreach and education; • Adoption of on-street parking restrictions; • Installation of parking signage; • Residential parking zones on city streets in conjunction with a resident permit program; • Parking enforcement programs. • Remedial actions to address safety, convenience or other factors at the S. 154`h Street station parking facilities, which may be discouraging use by light rail patrons. The monitoring program shall be carried out quarterly for the year following implementation of any new mitigating measures. Page 6 of 9 52 Parking Determination Notice of Decision File#L03-059 July 1,2004 11. In the event mitigating measures proposed by Sound Transit and approved by the Director pursuant to Condition 10 require approval by the City of SeaTac and such approval is denied, Sound Transit shall work in good faith with the City of SeaTac to agree on and implement alternative mitigation. 12. In the event mitigating measures proposed by Sound Transit and approved by the Director pursuant to Condition 10 require approval by the Tukwila City Council and such approval is denied, Sound Transit and the Director shall work in good faith to agree on and implement alternative mitigation. III. YOUR APPEAL RIGHTS The Decision on this Parking Determination Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. One administrative appeal to the City Council of this permit decision is permitted. Unless an appeal of the Director's decision on this permit decision is timely and properly filed to the City Council, the Director's decision on this permit shall be final. A party who is not satisfied with the City Council's determination on any such appeal may appeal to King County Superior Court under the procedures set forth in RCW 36.70C,the Land Use Petition Act. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application to the City Council, a written notice of appeal must be filed with the Department of Community Development within 14 calendar days from the date of the issuance of this Notice of Decision, pursuant to TMC 18.116.010A.. The deadline for filing any such appeal in this matter is 5:00 p.m. on July 15,2004. Late appeals will not be accepted. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials must include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. Page 7 of 9 53 Parking Determination Notice of Decision File#L03-059 July I,2004 3. A statement identifying the decision being appealed and the alleged errors in the decision 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. V. APPEAL HEARINGS PROCESS Any administrative appeal to the City Council regarding the Permit shall be conducted as an open record appeal hearing pursuant to TMC 18.104.010.C. The City Council decision on the appeal is the City's final decision. Any party wishing to challenge the City Council decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the City Council decision is properly filed in Superior Court within such time limit,the City Council Decision shall be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Alice Strand, who may be contacted at 206-431- 3655 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. VII. ENVIRONMENTAL DOCUMENTATION Sound Transit was the SEPA lead agency for this project. Accordingly, the City of Tukwila did not perform its own independent SEPA review. Sound Transit prepared SEPA documents concerning the Tukwila portion of the project and the City of Tukwila received, reviewed and relied, in part, upon these documents. They are as follows: Volume 1 - Final Environmental Impact Statement; Central Link Light Rail Project; November, 1999 Addendum to the Final Environmental Impact Statement; Central Link Light Rail Project;, November, 2001 Page 8 of 9 54 Parking Determination Notice of Decision File#L03-059 July 1,2004 Final Supplemental Environmental Impact Statement; Central Link Light Rail Project - Tukwila Freeway Route;November, 2001 Initial Segment Environmental Assessment; Central Link Light Rail Project;February,2002 Tukwila Freeway Route Final Supplemental Environmental Impact Statement; Tukwila Addendum; March, 2004 Department of Community Development City of Tukwila Page 9 of 9 55 56 Attachment C City of Tukwila Jim Haggerton, Mayor • Department of Community Development Jack Pace, Director November 9, 2010 Ahmad Fazel Sound Transit 401 S Jackson Street Seattle WA 98104 Re: Noise and parking issues associated with the Light Rail system in Tukwila. Dear Mr. Fazel: The purpose of this letter is to follow up on a number of meetings we have held with you and your staff regarding two very important issues related to the Light Rail system in Tukwila, noise and parking. Noise Issues We had a meeting with you on July 8th, 2010, to follow up after the community meeting held in June. At that time you explained that you have started installing Type 2 temporary noise barriers and that preliminary results indicated that 5-7 dba reduction can be achieved by these panels. Also, you were hoping to achieve 5-7 dba decrease by grinding, to bring the noise levels below FTA standards. We informed you that per the original condition of approval, any permanent mitigation measures have to be approved by the Tukwila City Council. At that meeting we inquired about the status of the design of Type 1 permanent barriers and asked for a draft schedule as to when this item could be scheduled for the City Council hearing. You clarified that you would put a schedule together,but it is not a commitment that permanent walls will be installed. You also indicated that grinding could be effective to reduce noise, but overtime the effects degrade. To overcome this degradation, Sound Transit has indicated it would grind every year, similar to European rail systems. You explained that the cost of Type 1 barriers for this area, which is estimated at 5 million dollars, as well as the 2 months of service interruptions were the primary drivers of your decision to address the noise problem at the apparent source, the wheel/rail interface. Since the meeting with you in July we have had several meetings with your staff, with the latest one occurring on October 22nd. At this last meeting we were informed that you are planning to submit the second noise monitoring report this month, which will include the proposed mitigation measures of Type 2 acoustic barriers and annual grinding. Additionally, your staff indicated that Sound Transit is going through an RFP process seeking an expert to study the existing conditions in an effort to come up with 6300 Southcenter Boulevard, Suite#100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Far: 206- 431-3663 57 recommendations for long term operations. This study will likely be completed by April/May and you would like to wait to schedule the City Council hearing until that study is completed. While it is prudent for Sound Transit to study this issue and do it right for the new extensions (U-Link and East Link) we believe that any further delay in addressing the noise issue in Tukwila is not acceptable for the alignment that is already operating. The revenue service in Tukwila started in July 2009 and the noise problems became evident almost immediately. It has been well over a year and a half since the issue was identified and you have yet to come up with a permanent solution. Listed below are some of our concerns with the potential solution that you are considering (Type 2 barriers and annual grinding): • The durability of Type 2 barriers for this type of application is questionable. They have been on the market for only about three years and we have not found any other transit agency that is using this product to control train noise. • Given the nature of the product,the proposed mitigation will likely require extended monitoring obligations and depending on its performance other potential mitigation measures, resulting in service disruptions • While we understand that the up-front cost of the Type 1 barriers is higher, over the long term, the cumulative cost of replacing the Type 2 barriers and continual grinding could exceed that initial investment. • We are concerned about the increased noise impacts to the community due to annual grinding. • It has been documented that grinding is not predicable and cannot be relied upon to consistently reduce noise. As you know, it actually increased the noise levels in Tukwila. • If Type 2 barriers are so effective in reducing the noise levels and cost much less than the Type 1 barriers - why are these types of barriers not being proposed for the East Link extension? In addition to our concern about the proposed mitigation measures we are extremely concerned about how long it is taking to come to a resolution. The City received the first year's monitoring report in December 2009 showing FTA noise levels were being exceeded at four locations in Tukwila. The community meeting was held in June 2010 and you had stated at that time that you were doing a wheel/rail interface study. You have now informed us that the results of the study will not be available until April/May 2010, and that you would like to wait to schedule the City Council hearing until the study is completed. Please note that the second monitoring report and any proposed mitigation measures have to be peer reviewed by the City's noise consultant and additional specialists who may need to review the material used for Type 2 barriers. Also, note that per TMC 18.50.200, the peer review will be at the expense of the applicant. We will provide you with a cost estimate after we receive the monitoring report from you. Please include a comparison of specification of Type 1 and Type 2 barriers including comparison of cost and service impacts; durability information about Type 2 barriers; and detailed technical information about the grinding process in the report you are planning on submitting this month. At this time please provide a detailed work plan with specific dates for deliverables, so that we can work towards resolving this issue. MD Page 2 of 3 11-9-10 HAQ Drive\Sound Transit\ST noise&parking issues ltr Nov 9.docx 58 Parking Issues As you are aware, Sound Transit is required to monitor parking usage and off-site parking impacts related to the Light Rail station. The parking demand was heavily debated and the City imposed a condition for Sound Transit to provide a minimum of 600 stalls at the opening of the station, as opposed to 420 proposed by Sound Transit. The Parking Determination issued in 2004 included detailed conditions related to parking monitoring reports. Sound Transit's proposed measures to monitor and increase parking as demand increased were incorporated into the conditions of this parking determination. Listed below are some items that need your immediate attention: • The quarterly reports are due within 14 days of completing the survey, deadlines that Sound Transit has not met. So far we have received two quarterly reports, one in May 2010 and the second one in September 2010. Both these reports show that the station has reached capacity and is 100% full from 10 am until 3 pm. This requires Sound Transit to either provide at least 1000 parking spaces within three years or submit a parking demand study forecasting demand in 2020 and providing additional spaces to accommodate the projected demand. • Sound Transit is required to monitor any off-street parking impacts around the station. While the quarterly reports have not indicated any off site parking impacts at this time, the City of SeaTac has informed us that Light Rail users are parking across the street on a lot owned by the City of SeaTac. • Sound Transit was required to provide a parking demand study for Airport Link and the University Link extension at the time these extensions were planned. The City has repeatedly asked for this information, but to no avail. The assurance letter that was signed by Joan Earl prior to the opening included a schedule for all the deferred items. Airport Link extension survey and the scope of U-Link parking demand study is past due. The only information the city has received so far on the parking issue is that Sound Transit plans on adding 600 stalls when the alignment is extended to South 200th Street in the City of SeaTac. Also,please note that the parking demand studies shall be peer reviewed by the City's consultant at the applicant's expense. We are extremely concerned that the conditions of the Parking Determination are not being met. Please provide an update to the City on the concerns raised above. We look forward to getting these items from you soon. Please consider this letter to be step two of the dispute resolution process as set forth in the Development Agreement. P n/,!.eap Enclosures: Unclassified Use Permit decision Parking Determination decision C: Ron Lewis, Sound Transit Steve Lancaster,City of Tukwila Jim Edwards, Sound Transit Shelley Kerslake, City of Tukwila Steve Sheehy,Sound Transit Minnie Dhaliwal,City of Tukwila MD Page 3 of 3 11-9-10 H:\Q Drive\Sound Transit\ST noise&parking issues ltr Nov 9.docx 59 60 CHAIR Aaron Reardon snobol/sbCw�1,,xeoWw, VICE CHAIRS yVovmnzhcr23^ 2AlV Fred Butler /,mq�u^uvy''rxC°uncxonsideo, cw" ioThoma Jack Pace BOARD MEMBERS CityofTukwi|a oaudianald*oi 0300 SVntlIcCutex Blvd. a,8uo^(:w/vmhwn )rr Tukwila, VV/\ 98188-2544 Richard Conlin scat/h, Fe,�Or'/ Noise and P Tukwila Dow Constantine �umomm�axmwmr Dear Mr. Pace: Janomyv King,(/^xx'),r",^,x=mx/xo, This letter is io response to your letter dated November Y, 2010 regarding the above ovvacns|ow nct'eromoodmubiootx. Sound Transit acknowledges the City's Initiation of level two of the dispute resolution process set forth in the Development Agreement. As such, we are prepared to meet with the appropriate City representative at your earliest — umerev convenience. Given the npoozniogTbookciviog Holiday break oo well um the /m*a^oo^uy a«p/ inclement weather vvo are experiencing this week, l have directed my assistant to Paula/.x^mmunu'rs� *�o°�mwvs*/°`am/^n uoo�ctyour ofOceb`arrange u meeting 6v the week oC December hm. In:o|izo [b(o rr�vw,**,m is beyond the 14 business day deadline called for iuthe}\gcoocucot, however, I 1nnot mh"mw'6i^"e you will fiudthis timing both responsive and acceptable, «ua,,w,uXlu,or III the meantime we have prepared the following update and response to the issues Joe Marine � *xuvn,r raised im your letter regarding noise and parking associated vvitbthe light rail xyoteon M/k in the(�ityn[Tukvvda. Pat McCarthy Pierce(An,//ax',,/ehr Noise Issues Mike McGinn auwlewqm/ Sound Tiuoai1 does not agree with some the statements included io the City's letter Julia Patterson regarding SounclTransit's continuing c1lbrts to ensure noise levels near the'I'Likwila u»°'''rc'"'°:a"~"am light rail guideway meet Federal Transit Administration(FTA) requirements and the Larry Phillips conditions of our permit with the City. The fuuducuou1ul fact im that while n/oare m/"""o°."°wx, continuing to explore rouaonehlu and most effective long term noise ouibgudon we Paul Roberts are now in contipliance with F"TA requirements and City conditions and have time to o',,,,/c'°m^axwi/pw find the best long term ao|udoo. Peter Von ne|mba"m x/vzon'n,r�m',^a�/x�om Ax you know 1'rocu the community meeting earlier this summer and hnmo our recent discussions, Son ndT/aomit`y fhcua over the last several months has been on improving CHIEF EXECUTIVE OFFICER the rall/wheel interaction. We hired international rail noise experts to advise us and mo/m,i used oo1ioou| rail contractor to impn`vmUze rail aurbmo in July and August, which reduced the noise levels significantly, in sonic locations by over 10 decibels. {u August, vvo finished the installation oftboTypw2 Noise Duojera\oug the guideway which [b/thwrreduced noise levels. We shared with you the results of the preliminary Central Puget Sound Regional nanml Authority^ Union Station 4ms.Jackson St, ~ Seattle,wm9mo«zozo ~neo»uvn:(2oWsea'mnu^FAX:(206)398'5499 ~wwwmuo6tramnom \oisc and I'mking Issues fazcl 10 Pace 11l2;i2U10 1).2 ofd noise studies following the recent work that indicated that we have reduced noise levels at all previously impacted residential locations to below the FTA standards. As required by our agreements and permit with the City of Tukwila, we perf=ormed additional noise studies at a greater number of locations. The report entitled Tukwila Noise and Vibration Compliance Tcstin17--Second Year Noise and Vibration Testing Results was submitted to the City on November 18, 2010."Those results show that we are below FTA standards and in compliance with City conditions. Pending your review we will revise and submit any necessary additional information. Our priority now focuses on identifying what we must do to ensure maintenance of noise levels at or below the j7 TA standards. We are in the process of hiring additional expert rail consultants to verify current rail conditions system wide. This expert will then develop a recommended long term rail surface preventative maintenance program to assure the Link system stays in compliance. Although we are in compliance with FTA standards and City conditions,we are not ready to propose a long term solution until we complete the additional studies we have described to you. Because the Type 2 Barrier is working effectively, we plan to continue to use it while we complete the additional rail surface study. hlowever,we have developed the design of the Type 1 Noise Barrier to 90%design level and are able to move ahead if that becomes the agreed upon solution. At this point we are not requesting that the Type 2 Barrier be used as a permanent solution, and pending the outcome of the additional studies we may find that no barrier is required. Lastly as it relates to the noise issue, City staff has indicated that the City Council must act to approve the permanent noise mitigation and that this would occur in a quasi judicial setting subject to the applicable"reasonable nexus test". It is not clear to us what the process will be and how the Council would exercise its authority given that Sound Transit is not seeking modifications to the UUP conditions. If this is to be the course of action to be followed,we need to clearly understand the process and how the interests of the City, Sound Transit and public are respected and protected. Parking Your November 9,2010 letter raised three general concerns regarding parking at the Tukwila International Boulevard Station,namely quarterly parking survey reports,monitoring off-street parking, and a parking demand study. Each is addressed briefly below. In addition,the first paragraph of your letter under the heading"Parking Issues" makes reference to what appears to be dated discussions regarding the supply of parking to be built at the station. Frankly we are perplexed by this reference,and at best find it irrelevant as the project was constructed with an agreed upon parking supply. 1. Quarterly Parking Survey Reports • April 2010: Surveys conducted on April 21" and 22"`I. Information includes both Tukwila International Boulevard Station utilization and hide-and-ride counts. Submitted to the City of Tukwila on May 14, 2010. • July 2010: Surveys conducted July 13°1 and 14`I'. Information includes both'Tukwila International Boulevard Station utilization and hide-and-ride counts. Submitted to the City of Tukwila on September 1,2010. 62 Noise and forking]-ties Karel Io Pace 1112,3112010 It..3 of l • October 2010: Surveys conducted October 2(i`]' and 2?`". Information includes both Tukwila International Boulevard Station utilization and hide-and-ride counts. Submitted to the City of Tukwila on November 19, 2010. Sound Transit acknowledges the utilization of parking at the Tukwila International Boulevard Station is at practical capacity from about 10 am until 3 pm weekdays as noted in your letter,and is taking steps to conduct the required parking demand study as described in item 3 below. Lastly, as it relates to parking survey reports,we :find the 14 day timeframe within which to provide quarterly reports to the City too short and problematic. In addition to data collection, the process includes an analysis of the data, review and quality control,preparation of data summaries, and delivery to the City. I recommend we revisit this timeframe during our upcoming discussions. 2. Off-Street Parking We concur with the City's statement that"the quarterly reports have not indicated any off-site parking impacts at this time." Given that,we interpret your statement on behalf of the City of SeaTac regarding the reported use of their property by light rail users as information sharing, and not a point of dispute. In fact, Sound Transit received a letter directly from the City of SeaTac in August, 2010 regarding this issue. In response Sound"T'ransit's Security Officers have been instructed that under no circumstances should they direct light rail users to park in the City of SeaTac's parking garage/lot. Sound Transit also offered to reimburse the City of SeaTac for parking enforcement signs designed to discourage light rail users in their parking garage/lot. Lastly as it relates to concerns raised by the City of SeaTac, Ron Lewis of my staff provided a light rail briefing for the SeaTac City Council on November 9, 2010. During the briefing he updated the Council on the S. 200'x' extension,reviewed current parking utilization at the Tukwila International Boulevard Station, and reviewed the steps noted above that Sound Transit is taking to respond to their off-street parking concerns. 3. Parking Demand Study Sound Transit acknowledges the requirement to prepare a parking demand study for the extension of light rail to the north(University Link) and to the south(S. 200'x'). Your letter correctly states that these studies are commitments contained in the July 14,2009 Assurance Letter. As you know, Sound Transit has been reporting on the progress of completing all of the items contained in the assurance letter on a quarterly basis,the most recent of which was the 3`1 Quarter 2010 Report transmitted to you November 2,2010. We have also met with you and your staff to discuss the status of these items including the parking demand study. During these meetings we have informed you and your staff of the status of our efforts to accelerate extension of light rail to S. 200°i Street,including briefings on the current design refinement effort authorized by the Sound"Transit board on September 9, 2010. We have describe(] to you and your staff the general relationship between the extension of light rail to S. 200`x',where additional parking will be provided,and future parking demand at the Tukwila International 63 Nmseaml Parking Iswcs FaII)to Pa cc p" of Boulevard Station. With the progress to date on the S. 200"' extension design refinement effort, and our increasing confidence in our ability to accelerate the project, we believe we now have a solid foundation in place to finalize the scope and conduct the parking demand study. To that end, we are scheduled to conduct additional rider arrival mode Surveys at the'I'Awila international Boulevard Station by the end of this year. I trust this update meets your expectations, and I look forward to meeting with you in December. Sincerely,,,,,' z, Ahnlad hazel Executive Director, esign, Engineering and Construction Management Sound Transit A R d Reply t Noise end Parking Issues Nmvmlw 91h 64 Attachment D 11-104 Council Approval N/A Dispute Resolution Settlement Agreement Regarding Noise and Parking Between City of Tukwila,Washington And Sound Transit (Reference City Contract Number 04-086) The purpose of this Dispute Resolution Settlement Agreement is to confirm the agreement between Sound Transit and City of Tukwila regarding the issues discussed during the dispute resolution process initiated on November 9, 2010. Since the opening of the light rail system in July 2009, issues have arisen between the City and Sound Transit regarding noise and parking at the Tukwila International Boulevard Light Rail Station(Tukwila Station). Over the past few months, Sound Transit and the City have met in a good-faith effort to resolve these disputes, as provided for in the Development and Transitway Agreement executed between our two agencies in December 2004. We have reached a mutually satisfactory resolution of the issues and both agencies remain committed to working together in a collaborative manner to see that the commitments included in this letter are completed in a timely and efficient manner. To this end, the City and Sound Transit have agreed to settle the disputes as follows, subject to necessary approvals: Link Light Rail Noise Mitigation A dispute arose following initial noise level readings in the First Year Noise and Vibration Testing Results prepared by Michael Minor and Associates(dated December 9, 2009),which exceeded the FTA noise criteria in certain places along the Link Light Rail route in Tukwila. The resolution to this dispute is as follows: 1. Sound Transit is currently in compliance with the FTA noise criteria, and will continue to comply with the FTA noise criteria throughout the City. 2. Sound Transit will install approximately 2700 feet of Type I noise barrier in the vicinity of the Duwamish River neighborhood area,replacing the existing Type Il noise barrier.The existing Type 2 barriers in three other locations will remain. 3. Sound Transit will mitigate and maintain noise levels at all other locations along the alignment with measures that may include continued use of Type 2 noise barriers,rail grinding,track lubricators,residential sound insulation,or other measures as determined by Sound Transit to be necessary and effective. 4. Sound Transit will prepare a supplement to the 2010 noise report required under the Unclassified Use Permit addressing the proposed mitigation; a schedule for installing the Type 1 barriers,reasoning for proposing Type 1 barriers as mitigation in the Duwamish River neighborhood area;durability of Type 2 noise 1 65 barriers;maintenance and/or replacement requirements for the Type 2 noise barriers;and commitment and schedule for monitoring. The supplement to the noise report will be submitted to the City within 30 days of the effective date of this Agreement. 5. The goal of the Parties is to maintain and monitor noise mitigation as necessary, and to sunset the monitoring requirement within two years following completion and submission of the 2011 Wheel-Rail Noise Study to the City, as contemplated by the original UUP noise condition,unless the Parties mutually agree to an extension. In 2011,the City will perform a review of the 2010 noise report an d supplement including field measurements of noise and vibration. Sound Transit will not submit a 2011 noise and vibration report but will submit a 2012 report following installation of the Type 1 barrier,and will submit a 2013 final report. Sound Transit will develop and implement a long-term noise maintenance and monitoring program based on recommendations in the 2011 Wheel-Rail Noise Study, authorized by the Sound Transit Board on March 10,2011. Sound Transit will share the monitoring results with the City at various intervals, as recommended in the study. 6. The City will review the supplement to the 2010 noise report,for compliance with the original UUP noise condition. Any permit applications and nighttime noise variance application required for installation of the Type 1 noise mitigation will be reviewed administratively and concurrently. A public works permit(long term type D)will be required for installation of the Type 1 barriers,but a building permit is not required. There will be a public informational meeting and comment period for the above-mentioned actions and the City will issue its decisions in a timely manner. The City's decisions may be appealed to the City Hearing Examiner. Tukwila International Boulevard Light Rail Station Parking A dispute arose regarding the need for additional parking at the Tukwila Station, consistent with the City's 2004 Parking Determination. The resolution to this dispute is as follows: 1. .Conditions have changed since the 2004 Parking Determination was issued by the City. Sound Transit's long-term strategy is to extend light rail to South 200'h Street on an accelerated schedule,subject to Sound Transit Board approval anticipated in July 2011,where 600 to 1050 additional parking stalls are currently planned. It is anticipated that the South 200`h and University Link projects will be completed in 2016 when passenger service will commence. It is further anticipated that the addition of parking spaces south of the Tukwila Station,will provide an attractive alternative for some of the current users of Tukwila Station parking. 2 66 2. Sound Transit shall provide the Airport Link Extension Parking Demand Study to the City within 30 days of the effective date of this Agreement. 3. Sound Transit shall continue to monitor on-site and off-site Link Light Rail related parking utilization, and implement measures to help mitigate significant hide&ride parking should it occur as required by the 2004 Parking Determination. 4. Following a twelve month period of operation of the South 200`h and University Link projects(2017),during which service levels and ridership are expected to normalize,Sound Transit will prepare and submit to the City a parking study for the Tukwila Station based on a mutually agreed upon scope of work. No other parking studies will be required until this time except the scope of work shall be submitted as part of the Parking Determination amendment request referenced in paragraph 6 below. 5. The City shall defer the requirements of the July 1,2004 Parking Determination, including the requirement to provide additional parking at the Tukwila Station, until December 31,2017,provided Sound Transit makes measurable progress to accelerate the extension to South 200th. The measurable progress shall include obtaining Sound Transit Board approval;obtaining all required permits from the City of SeaTac; and awarding the contract for construction so that additional parking is constructed prior to University Link opening. 6. Sound Transit and the City will work together in good faith to identify potential revisions to the 2004 Parking Determination consistent with this Agreement and Sound Transit will request amendments to the 2004 Parking Determination, together with all supportive documents before December 31,2012. This will be processed as a Type II Decision pursuant to the City's Land Use Code. The parties have executed this Agreement as of the last date indicated below.This Agreement shall become effective subject to approval by the Sound Transit Board. SOUND TRANSIT CITY OF TUKWILA By fin_ By_ Joan arl,CEO Steve Lancaster,City Administrator v_ Date: ly ,2011 Date:July ,2011 3 67 68 Attachment E SOUNDTRANSIT CHAIR Pat McCarthy Pierce County Executive July 27,2012 VICE CHAIRS Julia Patterson King County Councilmember; Mr.Jack Pace Aaron Reardon Community Development Director SnohomishcauWYrcecutnve City of Tukwila 6300 Southcenter Boulevard, Suite 100 BOARD MF RS Tukwila, WA 98188 Claudia Bolducci Bellevue Councilmember status o fond "ral M Efforts Fred t � _ Issaquah.Deputy Comcil President Dear Mr. Pace: Richard Conlin Seattle Councilmember You recently requested a brief update on the status of Sound Transit's efforts to address Dow Constantine noise issues from Link Light Rail operations on the Tukwila elevated guideway and also King',CounyExecutive the status of Sound Transit's progress addressing parking issues at the Tukwila International Boulevard Station. The following provides our written response,which we Ed onds iyo would be pleased to discuss with you at your convenience. Davey Fcasfow Status of Sound Transit's efforts to maintain compliance with Federal Transit Sumnerdllayor Administration (FTA)noise criteria along the Tukwila elevated guideway: Paula J.Hammond,P.F. Washington State Secretary of Transportation 1. Sound Transit is currently in compliance with FTA noise criteria, and will continue Marchlone to comply with the FTA noise criteria throughout the City. ohn Redmond "r p y g y• ond Mayor • The("its 's 2011 no e.tucly con irntec`l f i`crrrrrd 1 rcrrtsit's 21)lC) indTrr .s that s cX have achieved com liance with FTA noise criteria. Sound Transit continues Joe McDermott p ,�... King County to maintain the Tukwila elevated guideway track litbricators and the Type 2 . Mike McGinn trr tcdntenallc . Seaateiwayor 1 cII,I.''r•this vear Scr111ld Ti ernsit relrlacc«1 cjl our o `the s�irj l�1r r t-tcx a 0 ra il lubricators located in the SR 518 curve area with multi-port side rail Mary Moss p L�crketivt�xi Councilmember lubricators which lrrry ravcrrt try be rrror e cAc live and r elicrbl , Larry Phillips 2. Sound Transit will install approximately 2700 feet of Type 1 noise barrier in the King County Councilmember vicinity of the DUWamlSh River neighborhood area, replacing the existing Type 2 Paul Roberts noise barrier. The existing Type 2 barriers in three other locations will remain. Everett Councilmember • j& rhersed installation of thc> Ty tc> ! treoise barrier,itt tlxe C7rnsrcrnl �crrnlcz m-1 Marilyn sdrickiand Tacoma Mayor L�roce�c�elc�d: llte rrcrcttrerrrc>rtt cir7cl instc�llatrzrrr of"the sir rrctttrxrl lrr crc rrt,�, rmlur e e to altach the-barriers to the r i(lewav-Irrll be ceorr�rleted this Peter von Reichbauer King County Councilmember sitnnner. bid br the installation of the iifalls t°rlrtr the same contractor who installed the try°i Anal wall,��rrrl r!s carrot tit allaticrrr is Crnti lCttc�zl fl .a"tGrrt in;axe rtetrrber' tC7 loe corn,rletc-d by arid- CHIEF EXECUTIVE OFFICER Joni oni Fart • Sounel Trzrnsit corztitartrxs to inns sect the Tvlxe 2 barriers f°eattentl,I>arm i elLlyce lrc'rrtels`c'rrrcl�i.r tics�s+ors rr�edccl Clrc�,sr ar e try�crtrtl.sa�e artcl,�irn�tiranirM1_,,,ttra intended. 69 Mr.Jack Pace Page 2 July 27,2012 3. Sound Transit will mitigate and maintain noise levels at all other locations along the alignment with measures that may include continued use of Type 2 noise barriers, rail grinding, track lubricators, residential sound insulation, or other measures as determined by Sound Transit to be necessary and effective. • See response to conditions I and 2 above. 4. Sound Transit will prepare a supplement to the 2010 noise report required under the Unclassified Use Permit addressing the proposed mitigation; a schedule for installing the Type 1 barriers, reasoning for proposing Type 1 barriers as mitigation in the Duwamish River neighborhood area; durability of Type 2 noise barriers; maintenance and/or replacement requirements for the Type 2 noise barriers; and commitment and schedule for monitoring. • C)�tentber G. 2011 Sound Transit subntjttecl otrr stipplemeait entitled "City Unclassified Use ,Permit(ZIUI'� Cranditionr for Central Link Tacoma Ft eewc-tv Route(71'), Sound Transit's Sit Wetttew to 2010(2nd year) Noise Test Results". That doc untent i,as accepted by the Ci ty rail .January 24, 2012. 5. The goal of the Parties is to maintain and monitor noise mitigation as necessary, and to sunset the monitoring requirement within two years following completion and submission of the 2011 Wheel-Rail Noise Study, as contemplated by the original UUP noise condition, unless the Parties mutually agree to an extension. In 2011,the City will perform a review of the 2010 noise report and supplement including field measurements of noise and vibration. Sound Transit will not submit a 2011 noise and vibration report but will submit a 2012 report following installation of the Type 1 barrier, and will submit a 2013 final report. Sound Transit will develop and implement a long-term noise maintenance and monitoring program based on recommendations in the 2011 Wheel-Rail Noise Study,authorized by the Sound Transit Board on March 10,2011. Sound Transit will share the monitoring results with the City at various intervals, as recommended in the study. • With the cur-ent scheclide for installation of the 7y1)e I bru•rier, Sounrt Transit plaits to cog!plete the next noise retauri in mW-2013. Sound D*ansit requests mutual agreement to delay the 2012 re cart to follow completion of the Type I barrier. • Sound Transit retainetl Advanced Rail Afana ement to peiLorin a railhvheel utter ace study'which rye ercceated lat Febrttar 2012. We are still considering the consultant indizt s and eleveto aiot a recommended program. Here are our early conclusions: i. Rails and wheels must be smooth to minimize noise and wear. We had an initial problem iwith rail a•oiThness on the gy desvav but have=orrected that and have aaplied that lesson to our,ittine desvLgs. We routinely maintain is,heel smoothness and roundigg. ii. Sound Transit's rail and wheels are in very good condition and with routine maintenance should remain so. to Future&4ndin g needs to be clone to We i&slan dardr and adclo yss tlae entire rail s11/JAC,0. We are working to develop that standard. b. The City will review the supplement to the 2010 noise report,for compliance with the original UUP noise condition. Any permit applications and nighttime noise variance application required for installation of the Type 1 noise mitigation will be reviewed administratively and concurrently. A public works permit(long term type D)will be required for installation of the Type 1 barriers, but a building permit is not required. There will be a public informational meeting and comment period for the above-mentioned actions and the City will issue its decisions in a timely manner. The City's decisions may be appealed to the City Hearing Examiner. • All ofconelition h joint comm�itmews have been ntel, and Soound Frernsit is actively pursuing the installation o the Tvoe I barrier in the Dtavamish River area. See response to 2 above. Central Puget Sound Regional Transit Authority•Union Station 401 S.Jackson St.,Seattle WA 981042826-206-398-5000.1-800-201-4900•www.soundtrans4.org 70 Mr.Jack Pace Page 3 July 27,2012 Regarding parking at the Tukwila International Blvd Light Rail Station: 1. Conditions have changed since the 2004 Parking Determination was issued by the City. Sound Transit's long-term strategy is to extend light rail to South 200th Street on an accelerated schedule,subject to Sound Transit Board approval anticipated in July 2011,where 600 to 1050 additional parking stalls are currently planned. It is anticipated that the South 200th and University Link projects will be completed in 2016 when passenger service will commence. It is further anticipated that the addition of parking spaces south of the Tukwila Station,will provide an attractive alternative for some of the current users of Tukwila Station parking. • Stead'ja ress is bein made on the.S"math Link Pr oiect. Prelitninaz v engineer-rrtg kind the environmental irifract staternen is complete and a Record of.Decision has been isszrecl Lor this pro et cl• A SI'Pj acidemlum and NEPA re-evaluation have been issued to document recent elesign rreetinenet ts. The.Sound 7r an 5 it Boarcl has ein ray roved roving forward d iwith the proiect. The light rail giddeway and station will be delivered throus7la a cleyi n/Irztilcl procur~eritezrt to hella crchievellro'.ct COM lesion&2016. Sound 1 ransit is currently in the lamer phases o the desi,ns, brrrlel pr•oczrr•erizent. • The Part af,Sc>crtile anc/Sow&Transit have gpprmed.a iW0,11toramr/zrrrr a .Agreement_ or thelar�u. 't. • The City ofSeaTeic and Soitiid Transit have WX oveti a Develrrp_nen is reenen ar-the Pro`eect. 2. Sound Transit shall provide the Airport Link Extension Parking Demand Study to the City within 30 days of the effective date of this Agreement. • A ch~a t re or•t ivas con aleted wwithin 30 elai.v v `execution o tlic A rreetrient but tiwas inadvertently Trot transtnitted to the Cit r. The dra i will be rnali.aed and orwtusled to the Cit,as soar as aassiblc. 3. Sound Transit shall continue to monitor on-site and off-site Link Light Rail related parking utilization, and implement measures to help mitigate significant hide&ride parking should it occur as required by the 2004 Parking Determination. • Snztnd Trarryit hay ccrittirrued td trranitor laarkinuti�di�ationas r~eriztireel Attached arc the report acid clata tables fr-om our October 15-19, 20111arking uttili,ation survey crt the TulctvilcrlTutei°natioiicrl Boulevard statirm, This is the/cyst quarterly report required by the Cityspar-king cleterrnination, 2012 marks the first year that surveys will be done semiannual1 . 4. Following a twelve month period of operation of the South 200th and University Link projects(2017),during which service levels and ridership are expected to normalize, Sound Transit will prepare and submit to the City a parking study for the Tukwila Station based on a mutually agreed upon scope of work. No other parking studies will be required until this time except the scope of work shall be submitted as part of the Parking Determination amendment request referenced in paragraph 6 below. • N/A at this time Central Puget Sound Regional Transit Authority•Union Station 401 S.Jackson St.,Seattle WA 981042828.206-398-5000.1-800-201-4900•www.soundtransit.org 71 Mr.Jack Pace Page 4 July 27,2012 5. The City shall defer the requirements of the July 1,2004 Parking Determination, including the requirement to provide additional parking at the Tukwila Station, until December 31,2017,provided Sound Transit makes measurable progress to accelerate the extension to South 200th.The measurable progress shall include obtaining Sound Transit Board approval;obtaining all required permits from the City of SeaTac; and awarding the contract for construction so that additional parking is constructed prior to University Link opening. • See response to parking item#1 above 6. Sound Transit and the City will work together in good faith to identify potential revisions to the 2004 Parking Determination consistent with this Agreement and Sound Transit will request amendments to the 2004 Parking Determination,together with all supportive documents before December 31, 2012.This will be processed as a Type II Decision pursuant to the City's Land Use Code. • Work on this item is pending. I look forward to our continuing collaboration on resolving these items. Regar *iLewvis Executive Project Director,East Link Design, Engineering and Construction Management RL Je Status of Sound Transit's Light Rail Noise and Parking Mitigation Efforts c: Ahmad Faze[,Executive Director Jim Edwards,Deputy Executive Director, Design and Engineering Paul Denison, Director,Light Rail Operation Central Puget Sound Regional Transit Authority•Union Station 401 S.Jackson St.,Seattle WA 98104-2826.206-398-5000.1-800-201-4900•www.soundtransit.org 72 Figure 2: AM Survey Trip Origins by Zip Code 73 attachment f map 74