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HomeMy WebLinkAboutReg 2013-03-04 COMPLETE AGENDA PACKETo Tukwila City Council Agenda • REGULAR MEETING • `� Jim Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson David Cline, CityAdministrator + Allan Ekberg + Verna Seal Kathy Hougardy, Council President + De'Sean Quinn + Kate Kruller Monday, March EXECUTIVE SESSION — 6:30 PM - 7:00 PM Potential Litigation — Pursuant to RCW 42.30.110(1)(i) (30 minutes) 4, 2013; 7:00 PM • Ord #2397 • Res #1789 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATION Somali Community Services Coalition update. Ahmed lama, Executive Director. 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT AGENDA a. Approval of Minutes: 2/19/13 (ReguiarMtg.) b. Approval of Vouchers. c. Local Improvement District No. 33: (1) A resolution fixing the time for a hearing on the final assessment roll for Klickitat Local Improvement District No. 33. [Reviewed and forwarded to Consent by Finance & Safety Committee on 2/20/131 (2) A resolution appointing a Hearing Examiner pursuant to RCW 35.44.070 to conduct a hearing on the final assessment roll for Klickitat Local Improvement District No. 33. [Reviewed and forwarded to Consent by Finance & Safety Committee on 2/20/131 (3) A resolution providing for clarification of the terms of an interfund loan to fund the Tukwila Urban Center Access Project in Local Improvement District No. 33, and other matters properly related thereto. [Reviewed and forwarded to Consent by Finance & Safety Committee on 2/20/13.] (4) An ordinance amending Ordinance No. 322 to adopt regulations relating to assessment roll hearings and appeals. [Reviewed and forwarded to Consent by Finance & Safety Committee on 2/20/13.] d. Accept as complete the Tukwila Pool Parking Lot and Access Improve- ments Project (contract #12 -148) with Evergreen Asphalt & Concrete, Inc.; authorize release of retainage subject to the standard claim and lien release procedures. (Final cost of project, including retainage: $73,151.48.) [Reviewed and forwarded to Consent by Community Affairs & Parks Committee on 2/25/13.] Pg.1 Pg.7 Pg.9 Pg.11 Pg.15 (continued...) p REGULAR MEETING Monday, March 4, 2013 Page 2 5. UNFINISHED BUSINESS a. An ordinance eliminating the Advanced Travel Expense revolving fund and repealing its reference from the Tukwila Municipal Code. b. Authorize the Mayor to sign an agreement with MIG for the Parks, Recreation and Open Space (PROS) Plan in the amount of $95,041.00. P /ease refer to 2/25/13 CO. W. packet. Q Pg.33 Pg.37 6. NEW BUSINESS Authorize the Mayor to sign Amendment No. 1 to contract #13 -043 with David Evans and Associates, Inc., for the Cascade View Elementary "Safe Routes to School" right -of -way acquisition in the amount of $25,675.00. [Reviewed and forwarded to the Regular Meeting by Transportation Committee on 2/26/131 Pg.39 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.67 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 03/04/13 PMC Mw Council review t< li ITEM INFORMATION ITEM NO. 4.C. 1 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 03/04/13 AGENDA ITEM TITLE LID #33: Resolution fixing time and location for hearing Resolution appointing a hearing examiner to conduct hearing, terms of interfund loan, Ordinance amending Ordinance No. on final assessment Resolution 322 roll; clarifying CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date I 1 Resolution /1 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date 03/04/13 Mtg Date 03/04/13 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD I1 Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ P117 SPONSOR'S (1) Resolution fixes the time and location for the hearing on the final assessment roll for SUMMARY the Klickitat LID #33. (2) Resolution appoints the hearing examiner to conduct the hearing. (3) Resolution clarifying the terms of the interfund loan approved in Resolution No. 1739. (4) Ordinance amending Ordinance No. 322 allowing for the appeal to the Council after the assessment roll hearing. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DATE: 02/20/13 /1 F &S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: ROBERTSON ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Finance Unanimous approval; Forward to Consent with Info Memo changes COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 03/04/13 Informational Memorandum dated 2/13/13 (Amended after FS meeting) Resolution Appointing a Hearing Examiner to Conduct Hearing Resolution Fixing the Time for a Hearing on the Final Assessment Roll Resolution Clarifying Terms of Interfund Loan authorized in Resolution No. 173 Copy of Resolution No. 1739 Ordinance Amending Ordinance No. 322 Tukwila Municipal Code section applicable to the Code change in the Draft Ordinance LID #33 Calendar of Remaining Events Minutes from the Finance and Safety Committee meeting of 2/20/13 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director DATE: February 13, 2013 SUBJECT: Resolutions for Local Improvement District #33 (As revised pursuant to FS Committee direction -See underlined text on Page 2) ISSUE Consider for approval (1) a Resolution appointing a Hearing Examiner to conduct a public hearing on the final assessment roll, (2) a Resolution fixing the time and place for the public hearing on the final assessment roll, (3) a Resolution clarifying the interfund loan terms authorized in Resolution No. 1739, (4) an Ordinance amending Ordinance 322 to allow for appeal to the Council after the assessment roll hearing. An "LID #33: Calendar of Remaining Events" is also included for Council information. BACKGROUND On November 16, 2009, the Council adopted Ordinance No. 2260 ordering improvements for the Southcenter area by establishing the formation of Local Improvement District (LID) #33 Tukwila Urban Center Access (Klickitat) Project. On May 5, 2011, the Council adopted Resolution No. 1739 authorizing interim financing of the project through internal loans among the Arterial Street Fund, the General Fund and other funds. A few steps remain to complete the LID process, some of which include establishing and updating legislation. To better understand the interfund loan resolution, the accounting and financing structure for the LID project is discussed in the following paragraph. The LID Project fund, also known as the Klickitat Project #98410419 (the Project), is a subset of the Arterial Street Fund. All Project revenue and expenditure transactions and balances reside in the Arterial Street Fund and are accounted for within that fund as a unique project using the Project Accounting system. Since Project inception, the unfunded portion of the Project, the portion that will be paid for through the LID assessment, has been financed by the Arterial Street Fund reserves and through General Fund contributions. In 2012, consideration was given to establishing a loan to the Arterial Street Fund from the internal service Equipment Rental and Replacement Fund 501, in an amount not to exceed $2,500,000, to assist cash flow needs. This interfund loan would be in lieu of additional General Fund contributions. DISCUSSION The final steps in completing the LID process are outlined on the attached "LID #33: Calendar of Remaining Events ". The next steps requiring Council action are as follows: 3 4 INFORMATIONAL MEMO Page 2 1. Resolution appointing Hearing Examiner: Pursuant to RCW 35.44.070, the City Council may designate an officer to conduct a hearing on the assessment roll. This Resolution appoints Gary McLean as the City's Hearing Examiner for the assessment roll hearing for LID #33. 2. Resolution fixing the time and place for the public hearing on the final assessment roll: Pursuant to RCW 35.44.070, this Resolution sets March 27, 2013 as the hearing date on the assessment roll for LID #33. The hearing will be conducted at the Tukwila Community Center Meeting Room B and will begin at 9:00 am. The hearing will continue until all evidence has been heard. Notification of the hearing will be mailed to all property owners within the LID. 3. Resolution clarifying loans authorized in Resolution No. 1739: On May 2, 2011, the City Council adopted Resolution No. 1739 authorizing the transfer of funds for the purpose of making a loan or loans from the General Fund and /or other funds to the Arterial Street Fund for purposes of covering authorized expenditures related to the LID project. The Resolution revises and updates the terms of the interfund loan with the following information: a. Revises the maximum loan amount not to exceed from $12 million to $9.5 million for the loan from the Arterial Street Fund to the LID Project Fund and to $2.5 million for the loan from the Equipment Rental and Replacement Fund to the Arterial street Fund. b. Adds in language that specifies that the loan shall be repaid from LID Bond proceeds no later than December 31, 2014. c. Sets the interest rate for the loan at 1.80% per annum consistent with Resolution No. 1739 guidelines. d. Extends the financing period to the date the LID bond proceeds are received. 4. Ordinance amending Ordinance 322 allowing for appeal to the Council after the assessment roll hearing: Pursuant to RCW 35.43 and 35.44, Ordinance 322 is amended to allow appeal to the Council after the assessment roll hearing. Any person who challenged their appeal to the Hearing Examiner will have an opportunity to also appeal to the Council. The appeal to the Council will be allowed only if the City Clerk receives written notice of the appeal within 10 calendar days of the date of mailing of the Hearing Examiner's recommendation. The Council will consider only the evidence recorded at the assessment hearing in considering the merit of any appeal. RECOMMENDATION The Committee is being asked to forward these 4 items to the March 4, 2012 Regular Meeting Consent Agenda. W:12013 Info Memos - Council \LID Hearing Examiner hearing date interfund Loan 2 -21 -13 After FS (3).docx INFORMATIONAL MEMO Page 3 ATTACHMENTS: 1. Draft Resolution appointing Hearing Examiner to conduct the final assessment roll 2. Draft Resolution fixing time and place for public hearing on the final assessment roll 3. Draft Resolution clarifying terms of interfund loan authorized in Resolution No. 1739. 4. Copy of Resolution No. 1739 5. Draft ordinance amending Ordinance 322 6. Tukwila Municipal Code section applicable to the Code change referenced in the draft Ordinance. 7. LID #33 Calendar of Remaining Events W:12013 Info Memos - Council \LID Hearing Examiner hearing date interfund Loan 2 -21 -13 After FS (3).docx 5 6 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A HEARING ON THE FINAL ASSESSMENT ROLL FOR KLICKITAT LOCAL IMPROVEMENT DISTRICT NO. 33. WHEREAS, by Ordinance No. 2260, the City Council of the City of Tukwila established Klickitat Local Improvement District No. 33 for construction of access improvements to the Southcenter area; and WHEREAS, construction of the improvements has now been completed; and WHEREAS, the assessment roll for the local improvements has been prepared and filed with the office of the City Clerk; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Hearing Date. The City Council of the City of Tukwila, Washington, hereby sets March 27, 2013 as the hearing date on the assessment roll for Local Improvement District No. 33 now on file at the office of the City Clerk. The hearing shall be held before the appointed Hearing Examiner beginning at 9:00 AM at the Tukwila Community Center, 12424 42nd Ave. S., Tukwila, Washington. Section 2. Notice of Hearing. The City Clerk of the City of Tukwila, Washington shall prepare a notice of the hearing as provided in RCW 35.44.080 and shall mail and publish said notice of hearing as provided in RCW 35.44.090. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \LID 33- Assessment roll hearing date 2 -5 -13 SK:bjs Page 1 of 1 7 8 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPOINTING A HEARING EXAMINER PURSUANT TO RCW 35.44.070 TO CONDUCT A HEARING ON THE FINAL ASSESSMENT ROLL FOR KLICKITAT LOCAL IMPROVEMENT DISTRICT NO. 33. WHEREAS, on November 16, 2009, the City Council passed Ordinance No. 2260 creating the Klickitat Local Improvement District (LID) No. 33; and WHEREAS, pursuant to RCW 35.44.070 the City Council may designate an officer to conduct a hearing on the assessment roll; and WHEREAS, the City Council wishes to designate Gary McLean as Hearing Examiner to preside over the LID assessment roll hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Appointment of Hearing Examiner. The City Council of the City of Tukwila, Washington, does hereby appoint Gary McLean to act as the City's Hearing Examiner for the assessment roll hearing for LID No. 33. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \LID 33- Appoint Assessment Roll Hearing Examiner 2 -5 -13 SK:bjs Page 1 of 1 9 10 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING FOR CLARIFICATION OF THE TERMS OF AN INTERFUND LOAN TO FUND THE TUKWILA URBAN CENTER ACCESS PROJECT IN LOCAL IMPROVEMENT DISTRICT NO. 33, AND OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, the City Council, by Ordinance No. 2260 passed on November 16, 2009, formed Local Improvement District No. 33 ( "LID No. 33 "); ordered the City to undertake the Urban Center Access Project (Project 98410419) (the "Project "); established the Local Improvement Fund, District No. 33 (the "LID Project Fund "), to pay the costs of the Project; and authorized the use of interfund loans or other short- term borrowings to pay the costs of the Project on an interim basis pending the receipt of the revenues from the issuance of Local Improvement District Bonds (the "LID Bonds "), grants and other resources; and WHEREAS, the City Council, by Resolution No. 1739 adopted on May 2, 2011, directed that up to $12,000,000 of funds be loaned on a temporary basis at a market rate for the purpose of paying costs of the Project; and WHEREAS, the Project is nearing completion and it is now expected that the LID Bonds will be issued in mid -2013, and it is now necessary to clarify and restate the terms of that interfund loan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. In order to meet the continuing cash flow needs of the Project, the City Council now finds that the terms of the previously- authorized interfund loan must be revised and updated as follows: 1. The loan amount authorized to be loaned from the Arterial Street Fund to the LID Project Fund is revised to a maximum amount not to exceed $9,500,000. W: \Word Processing \Resolutions \LID 33- Interfund Loan clarification 2 -12 -13 PM:bjs Page 1 of 2 11 2. The loan amount authorized to be loaned from the General Fund or other funds to the Arterial Street Fund is revised to a maximum amount not to exceed $2,500,000. The internal service Equipment Rental and Replacement Fund 501 shall serve as the lending fund for this loan. 3. Loan advances to meet Project cash flow needs shall be authorized until the loans are repaid from the LID Bond proceeds or other resources. 4. The loans shall be repaid from the LID Bond proceeds or other resources no later than December 31, 2014. 5. Interest shall accrue, beginning on the date of each expenditure (each of which shall be deemed a loan draw) until repaid, on the principal amount of each loan draw outstanding at the rate of 1.80 percent per annum, computed on the basis of a 360 -day year for the actual number of days the principal amount of the loan draw is outstanding. Such rate is determined to be a market rate, after receiving quotes from three banks accustomed to making similar loans to municipal government entities, and approximating the average rate of interest that would likely have been charged had the City borrowed through those sources to provide interim funding for the Project. Section 2. The Finance Director shall keep a record of the principal amount so borrowed, the amount of interest accruing and the repayment of all such principal and interest. Section 3. The Finance Director and all other appropriate officials of the City are authorized to take such action as may be necessary to carry out this resolution including, without limitation, taking such action as may be necessary to amend the budgets for the affected years to reflect the transfers and interfund loans described in this resolution, and including bringing forth budget amendments or reconciliations to Council, if Council approval in addition to this resolution is determined to be necessary under state law. All actions previously taken and consistent with the provisions of this resolution are ratified and confirmed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \LID 33- Interfund Loan clarification 2 -12 -13 PM:bjs 12 Page 2 of 2 City of Tukwila Washington Resolution No. / 3 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE TRANSFER OF FUNDS FOR THE PURPOSE OF MAKING A LOAN OR LOANS FROM THE GENERAL FUND AND /OR OTHER FUNDS TO THE ARTERIAL STREET FUND FOR UP TO A 15 -MONTH PERIOD OF TIME. WHEREAS, there may be insufficient funds available from time to time during the period April 2011 to June 2012 in the Arterial Street Fund to cover authorized expenditures while the City waits for reimbursement of federal, state and local grant monies that have been approved for allocation to the City for which contracts have been executed; and WHEREAS, the General Fund and /or other funds have sufficient funds from which to transfer funds in an amount not to exceed twelve million dollars ($12,000,000) for the purpose of making loans to cover authorized expenditures from the Arterial Street Fund; and WHEREAS, in the event a loan is made from the General Fund and /or other funds to the Arterial Street Fund as provided above, the loans shall be at the current market rate of interest for comparable investments of similar maturity; and WHEREAS, the City Council intends to replace any funds loaned to the Arterial Street Fund with long term Local Improvement District bonds upon completion of the Tukwila Urban Center Access Project (Project No. 98410419), also known as the Klickitat project, upon completion of construction and completion of the final assessment roll; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. Authorization is hereby given during the time period April 2011 to June 2012 for the transfer of funds to the Arterial Street Fund, when there are insufficient funds available therein to cover authorized expenditures for which contracts have been executed, in an amount not to exceed twelve million dollars ($12,000,000) from the General Fund and /or other funds for the purpose of making a loan at the current market rate of interest. W: \Word Processing \Resolutions \Klickitat Interfund Loan - Authorization SH:bjs — 4/12/11 Page 1 of 2 13 14 Section 2. Implementation. The Finance Director is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. PASSED BY THE CITY COUNCILLW THE CITY OF TUKWILA, WASHINGTON, at Regular Meeting thereof this day , 2011. a Regu g r Y ATTEST /AUTHENTICATED: Christy O' y, Y Flah rt CMC, Cler APPROVED AS TO Shelley M. Kersl ttorney W: \Word Processing \Resolutions\Klickitat Interfund Loan - Authorization SH:bjs — 4/12/11 Ilan Ekberg, Council Presi Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 2 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 322 TO ADOPT REGULATIONS RELATING TO ASSESSMENT ROLL HEARINGS AND APPEAL, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 13.04.095; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35.44.070 requires that recommendations of the Hearing Examiner on a local improvement district assessment roll be appealable, by property owners who protested his or her assessment, to the City Council; and WHEREAS, Tukwila Municipal Code Chapter 13.04 did not contain a process for administering such appeals; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 322 Amended. Ordinance No. 322 is hereby amended to adopt new regulations to be codified at Tukwila Municipal Code Section 13.04.095, "Assessment Roll — Hearing and Appeal," as follows: Section 13.04.095 Assessment Roll — Hearing and Appeal At the time fixed for hearing on the assessment roll and at the times to which such hearing may be continued, the City's Hearing Examiner shall consider all objections timely filed with the City Clerk pursuant to RCW 35.44.080, following which the Hearing Examiner shall make recommendations that the City Council correct, revise, raise, lower, change or modify the roll or any part thereof, or set aside the roll and order the assessment to be made de novo, or that the Council adopt or correct the roll or take other action on the roll. The City Council shall adopt or reject the recommendation of the Hearing Examiner at a public meeting; provided, that any person who shall have challenged his or her assessment before the Examiner, may appeal the recommendation of the Hearing Examiner to the City Council by filing written notice of such appeal with the City Clerk within 10 calendar days of the date of mailing of the Hearing Examiner's recommendation. W: Word Processing \Ordinances \LID 33- Hearing and Appeal 2 -13 -13 SK:bjs Page 1 of 2 15 16 The appeal shall be upon the record made before the Hearing. Examiner, based on a preponderance of evidence standard and shall be considered by the Council at a public meeting in accordance with the City Council's rules of procedure. Confirmation of the roll shall be by ordinance. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \LID 33- Hearing and Appeal 2 -13 -13 SK:bjs Page 2 of 2 TITLE 13 — PUBLIC IMPROVEMENTS 13.04.070 LID Property Inclusions Unless otherwise provided in the ordinance ordering the improvement, the improvement district shall include all the property between the termini of the improvement abutting upon, adjacent, vicinal, or proximate to the street, avenue, land, alley, boulevard, park drive, parkway, public place or square proposed to be improved to a distance of 90 feet back from the marginal lines thereof or to the centerline of the blocks facing or abutting thereon, whichever is greater (in the case of unplatted property, the distance back shall be the same as in the platted property immediately adjacent thereto); provided, that if the local improvement is such that the special benefits resulting therefrom extent beyond the boundaries as above set forth, the Council may create an enlarged district to include as nearly as practicable all the property to be specially benefited by the improvement; the petition or resolution for an enlarged district and all proceedings pursuant thereto shall conform as nearly as is practicable to the provisions relating to local improvement districts generally, except that the petition or resolution must describe it as an enlarged district and state what proportion of the amount to be charged to the property specially benefited shall be charged to the property lying be- tween the termini of the proposed improvement and extending back from the marginal lines thereof to the middle of the block (or 90 feet back) on each side thereof, and what proportion thereof to the remainder of the enlarged district; provided fur- ther, that whenever the nature of the improvement is such that the special benefits conferred on the property are not fairly reflected by the use of the aforesaid termini and zone method, the ordinance ordering the improvement may provide that the assessment shall be made against the property of the district in accordance with the special benefits it will derive from the improvement without regard to the zone and termini method. (Ord. 322 §3(part), 1961) 13.04.080 Determination of Authority All local improvements, funds for the making of which are derived in whole or in part from assessments upon property specially benefited, shall be made either by the City itself or by contract upon competitive bids in the manner provided by law. The City Council shall determine whether such local improve- ment shall be done by contract or by the City itself. (Ord. 322 §4, 1961) 13.04.090 Cost The cost and expense of any such improvement, or such portion thereof as the City Council may determine to be as- sessed, shall be distributed and assessed against all the prop- erty included in such local improvement district, in accordance with the special benefits conferred thereon, and in the manner provided by law. (Ord. 322 §5, 1961) 13.04.100 Bonds - Payment of Cost The City Council may provide by ordinance for the pay- ment of the whole or any portion of the cost and expense of any local improvement by bonds of the improvement district, but no bonds shall be issued in excess of the cost and ex- pense of the improvement, nor shall they be issued prior to 20 days after the 30 days allowed for the payment of assess- ments without penalty or interest. (Ord. 322 §6, 1961) 13.04.110 Bonds - Issuance and Sale A. Local improvement bonds may be issued to the con- tractor or sold by the officers authorized by the ordinance di- recting their issue to do so, in the manner prescribed therein, and at not less than par and accrued interest. Any portion of the bonds of any issue remaining unsold may be issued to the contractor constructing the improvement in payment thereof. B. The proceeds of all sales of bonds shall be applied in payment of the cost and expense of the improvement. (Ord. 322 §Z 1961) 13.04.120 Warrants - Payment of Cost The City Council may provide by ordinance for the is- suance of warrants in payment of the cost and expense of any local improvement, payable out of the local improvement dis- trict fund. The warrants shall bear interest at the rate of not to exceed 8% per year and shall be redeemed either in cash or by local improvement bonds for the same improvement autho- rized by ordinance. (Ord. 322 §8, 1961) New TMC section 13.04.095 Assessment Roll — Hearing and Appeal to be inserted here Produced by the City of Tukwila, City Clerk's Office Page 13-3 17 18 LID 33: Calendar of Remaining Events ** Responsible Party: .Council Action ` : Council Action . Clerk /PW/ Finance Clerk Clerk /PW/ Finance Council Action Clerk n/a n/a Clerk / Finance Clerk n/a Council Action Finance Meeting / Event Date: ** February 12 ° Committee _. Transportation ` . : ,, ,1 ., , February 19' - Regular , P '"° February,20- '_Committee F &S March 4 Regular March 7 March 11 March 27 Apri1,15 Regular April 18 April 23 May 3 May 9 May 16 June 10 June 18 Committee F &S July 1 Regular July 5 Council Actions * Approve: :Project Gose _. out Approve R utio ns: 1. Appointing Hearing Examiner 2 Setting date, time and location of hearing 3. Updating and clarifying ed intrtun loan terms A rove Ordinance. 4. Allowing appeal to Council after assessment roll hearing. / i ��/i � �,�; / i �/� �i / / � /27/ / % / " F/''' ,,• `�� /77 // , f/ �� f ; / /' j / // Vii' f / f Approve ordinance confrming assessment roll. In Quasi - Judicial capacity: 1. Hear objections of property owners. 2. Rule on objections or defer to. another meeting. %/� 1 / / % / F % %/ f ,/ �J j��,f / / , ,� j ; % ; / r / ; ; % // /////// / f /� � ; / / � f t � ' /' / // j /,.f ///// Approve: 1. Ordinance to sell Bonds ° F ° / 7• % ✓ /. / r ,/ , ',/ 7/ j Actions/ /� !�/ f , / /// /: / / f 1. File ;:;" hearing date 3. Mail notice of hearing to property owners. 15 days before hearing. 1. Publish publication) E . 1. LID heain ,!:7747,,,r/ = ;� ; /f ' / /f f 1. Publish ordinance 1. Ordinance confirm assessents 1. Appeal P erd ends effective date. 1. Publish assessment 1. Publish assessment 2. Mail n owners that roll is filed for collection. 1. Prepay- period ends(2nd after the collection is published. f'`' / / 1. Sell ** Note: Some dates are tentative and dependent on the timing of completion of certain events. (0 20 FINANCE AND SAFETY COMMITTEE Meeting Minutes February 20, 2013 — 5:30p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: Dennis Robertson, Chair; De'Sean Quinn and Allan Ekberg (filling in for Dennis Robertson) Staff: Peggy McCarthy, Mike Villa, Gail Labanara and Kimberly Matej CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Advance Travel Payment Staff is seeking Council approval of an ordinance that will close the revolving fund that has been utilized for payment of advance travel expenses. Staff is recommending closure of this fund due to increased efficiencies and reduction of City costs related to utilizing P -Cards for travel related expenses, as well as employee reimbursement for costs incurred post travel. Staff noted that since this policy does not typically apply to Councilmembers, unless the Council determines it to be, advance travel funds will be available to Councilmembers, or in rare instances to employees, through a request to Finance Department. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. B. Resolutions and Ordinances regarding Local Improvement District (LID) No. 33 The Tukwila Urban Center Access — Klickitat Project is now complete, and the City needs to move forward with the assessment of appropriate costs within the Local Improvement District No. 33.This step in the process requires several resolutions and an ordinance that will establish and clarify the processes for public hearings, appeals and loans as outlined below: • Resolution: Appointing a hearing examiner to conduct a public hearing on the project's final assessment roll. • Resolution: Setting time and place for public hearing. • Resolution: Revises and updates terms of the interfund loan including: exclusion of contributions for the General Fund; setting the interest rate at 1.80 %; repayment by December 31, 2014; and extension of the financing period to the date the LID bond proceeds are received. • Ordinance: Amends Tukwila Municipal Code (TMC) Chapter 13.04 to include a process for administering hearing and appeal relating to assessment rolls. The Committee was in agreement with the resolutions and ordinance relating to the LID. Committee Chair Robertson requested that the memo that is provided to full Council specifically list /outline the rolls and responsibilities of the City Council in regards to hearing and appeal as outlined in the draft ordinance included in the Committee agenda packet. Additionally, Chair Robertson expressed the importance of the City Council understanding that this is a quasi-judicial process which requires that Councilmembers have no ex -parte communications. He requested that the City Attorney provide information as appropriate to the Council in order to ensure that the quasi-judicial process is adhered to and understood. UNANIMOUS APPROVAL FORWARD TO MARCH 4 CONSENT AGENDA. 21 22 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 03/04/13 RS Mayor's rev Council review ITEM INFORMATION ITEM NO. 4.D. 23 STAFF SPONSOR: RICK STILL ORIGINAL AGENDA DATE: 3/4/13 AGENDA ITEM TITLE Tukwila 11263002 Pool - Parking Lot Access & Improvements Project City Project NO. - Project Completion and Acceptance CATEGORY ❑ Discussion Mtg Date Motion Date 3/4/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date A Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT A P&R ❑ Police ❑ PW SPONSOR'S Through interlocal agreement with the Metropolitan Park District, the City is contracted to SUMMARY manage projects for the pool. The low bidder, Evergreen Asphalt and Concrete Inc, completed the Parking Lot Access and Improvements Project on time and under budget. The Council is being asked to provide formal acceptance and retainage bond release authorization, subject to standard claim and lien release procedures. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 2/25/13 /1 CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: EKBERG ❑ Arts Comm. /1 Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Parks and Recreation Department COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $73,151.48 $90,000 $0 Fund Source: TUKWILA METROPOLILTAN PARK DISTRICT Comments: Project #11263002 MTG. DATE RECORD OF COUNCIL ACTION 03/04/13 MTG. DATE ATTACHMENTS 03/04/13 Informational Memorandum dated 2/20/13, with two attachments Minutes from the Community Affairs and Parks Committee meeting of 2/25/13 23 24 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks & Recreation Director DATE: February 20, 2013 SUBJECT: Tukwila Pool - Parking Lot Access & Improvements Project City Project No. 11263002 Project Completion and Acceptance ISSUE Accept Contract as complete and authorize release of the retainage. BACKGROUND The City is contracted through an Interlocal Agreement by the Tukwila Metropolitan Park District to manage projects utilizing the City processes. On December 12, 2012, the City entered into contract No 11263002 with Evergreen Asphalt and Concrete Inc. of Kent, Washington for the demolition of concrete, construction of concrete parking area, walkways, seat wall and relocation of the flag pole at the Tukwila Pool. DISCUSSION Work started on December 12, 2012 and was completed on January 14, 2013. The Landscape Architect, LAstudio, is recommending acceptance of the completed project (Attachment A). FINANCIAL IMPACT One deduct change order was issued in the amount of ($8,918.78) on December 7, 2012. Contract Award Amount (without sales tax) Change Order Sales Tax at 9.5% Total $74,950.00 ($8,918.78) $7,120.25 $73,151.48 Retainage of $3340.25 was held from the single payment of Evergreen Asphalt & Concrete Inc. RECOMENDATION The Council is being asked for formal acceptance and retainage bond release authorization, subject to standard claim and lien release procedures, for the contract with Evergreen Asphalt & Concrete Inc. in the amount of $73,151.48 and to consider this item on the Consent agenda of the March 4, 2013 Regular Meeting. ATTACHMENTS A. LAstudio recommendation of acceptance B. Notice of Completion form 25 26 land planning landscape architecture land entitlement January 25, 2013 LLC Mr. Rick Still — Director Tukwila Parks and Recreation 12424 — 42"d Avenue South Tukwila, WA 98168 ATTACHMENT A RE: Entry Access Improvements — Tukwila Pool Building The LA Studio Project #LA1214 Project Acceptance Rick, Tukwila Parks & Rec. Project #11263002 We understand that the project referenced above was completed on January 14, 2013, and that Tukwila Parks and Recreation has done a walk- through and approved the completed project. We observed the completed project on January 15, 2013, and the work appears to be in general conformance with the permitted project plans dated 11/5/2012 and Change Order #1 dated 12/7/2012 approved by Tukwila Parks and Recreation. We are therefore recommending acceptance of the completed project. Sincerely, The LA Studio, LLC f7A Melvin R. Easter, PLA ASLA President 15200 52nd Avenue South Suite 210 Seattle, Washington 98188 206204.0507 wx."ra-x, the st i d k net 27 28 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 602244570 Date: Name- & Address of Public Agency City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 UBI Number: DepartluV4t Assigned to: Date Assigned: Notice is hereby iven relative to the completion o contract or project described below Project Name Tukwila Pool-Parking Lot & Access Improvement Project Contract Number 12-148 Job Order Contracting 1 Yes 1 No Description of Work Done/Include Demolition of concrete, clearing Relocation of flag pole. 4414 S 144th St., Tukwila, WA Federally funded road transportation Jobsite Address(es) and grubbing. Construction of concrete parking area, walkways and seat wall. Vi No project? 1 Yes Contractor's Name Evergreen Asphalt & Concrete Inc Telephone Number 253-639.3779 Contractor Address PO Box 1567, Kent, WA 98035 If Retainage is Bonded, List Surety's Name (or attach a copy) Developers Surety & Indemnity Co. - The Insco Dico Group. Surety Agent's Address 9750 3rd Ave NE, Suite 305, Seattle, WA 98115 Date Contract Awarded 12/3/2012 Date Work Commenced 12/12/2012 Date Work Completed 1/14/2013 Date Work Accepted Contract Amount Additions ( + ) Reductions ( - ) Sub-Total Amount of Sales Tax Paid at .095 (If various rates apply, please send a breakdown) 6,346.48 TOTAL $ 73,151.48 NOTE: These two totals must be equal 74,950.00 0.00 8,145.00 66,805.00 Fna.t, OY. Liquidated Damages $ Amount Disbursed $ Amount Retained $ Please List all Subcontractors Below: 69,811.23 3,340.25 TOTAL $ 73,151.48 Subcontractor's Name: UBI Number: Affidavit ID (if known) F2I5-038-000 08-2011 REV 31 0020e (08/25/11) Continued on page 2 29 Please List all Subcontractors Below: Subcontractor's Name: UBI Number: Affidavit ID (if known) Cox inexits. Contact Name: Diane Jaber Email Address: Diane.Jaber @TukwilaWA.gov Title: Fiscal Specialist Phone Number: 206. 433 -1871 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form to all three agencies below. For a faster response, please submit by e-mail. raWashington State Department of Revenue Public Works Section PO Box 47474 Olympia WA 98504 -7474 (360)725 -7588 FAX (360) 664.4159 PWC @dor.wa.gov Washington State Department of Labor and Industries Contract Release PO Box 44274 Olympia, WA 98504.4272 (360)902 -4754 FAX (360) 902 -6897 ContractRelease@lni.wa.gov Washington State Employment Security Department Specialized Collections Unit PO Box 9046 Olympia WA 98507 -9046 (360) 902-9780 Fax (360) 902 -9287 publicworks@esd.wa.gov For tax assistance or to request this document in an alternate format, visit http: / /dor.wa.gov or call 1- 800 - 647 -7706. Teletype (TTY) users may call (360) 705 -6718. F215- 038 -000 08 -2011 REV 31 0020e (08/25/11) 30 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes February 25, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller Staff: Rick Still, Dave Johnson, David Cline and Kimber CALL TO ORDER: Committee Chair Ekberg called the I. PRESENTATIONS No presentations. :18 p.m. II. BUSINESS AGEND A. Resolution: Work • for the City's Comprehensive Plan B. Project Completion and Acceptance: Tukwila Pool — Parking Lot Access & Improvements Staff is seeking Council approval for formal project acceptance and completion as well as release of retainge in the amount of $73,151.48 to Evergreen Asphalt & Concrete for parking lot access and improvements at the Tukwila Pool. The City managed this project for the Metropolitan Park District via an interlocal agreement. The project included demolition of concrete, construction of a concrete paring area, walkways, seat wall, and relocation of the flag pole. One change order involving a reduction in the scope of concrete work was issued during the project, and resulted in a credit of $8,918.78. The project was completed under budget. UNANIMOUS APPROVAL. FORWARD TO MARCH 4 CONSENT AGENDA. 31 32 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by May s review Council review 02/25/13 PMC regarding Advanced Travel 14 03/04/13 PMC ❑ Bid Award Mtg Date (ti ❑ Other Mtg Date CATEGORY /1 Discussion ■ Ordinance Mtg Date Mtg Date 03/04/13 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ■ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S Repeal Ordinance Nos. 614, 1215, and 1562 eliminating the Tukwila Municipal Code SUMMARY Chapter 3.04 Advance Travel Expense Revolving Fund. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DA1'E: 02/20/13 ITEM INFORMATION ITEM No. 5.A. 33 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 2/25/13 AGENDA ITEM TITLE Repeal Ordinance Nos. 614, 1215, and 1562 regarding Advanced Travel 02/25/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY /1 Discussion ■ Ordinance Mtg Date Mtg Date 03/04/13 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ■ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S Repeal Ordinance Nos. 614, 1215, and 1562 eliminating the Tukwila Municipal Code SUMMARY Chapter 3.04 Advance Travel Expense Revolving Fund. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DA1'E: 02/20/13 ■ F &S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: ROBERTSON ❑ Parks COMMI i"l'EE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Finance Unanimous Approval, Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/25/13 Forward to Regular Meeting MTG. DATE ATTACHMENTS 02/25/13 Informational Memorandum dated 02/12/13 Ordinance in Draft Form Ordinance No. 614 Ordinance No. 1215 Ordinance No. 1562 Minutes from Finance and Safety Committee meeting of 02/20/13 03/04/13 Ordinance in final form 33 34 pis, y \ �O 1908 City of u la Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 614, 1215 AND 1562, THEREBY ELIMINATING TUKWILA MUNICIPAL CODE CHAPTER 3.04, "ADVANCE TRAVEL EXPENSE REVOLVING FUND "; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 614 established a revolving fund for advance payment of travel expenses to officials and employees of the City of Tukwila; and WHEREAS, Ordinance Nos. 1215 and 1562 amended Ordinance No. 614 relating to the fund amount and custodian of the fund; and WHEREAS, the revolving fund for advance payment of travel expenses is no longer necessary due to the implementation of other methods for funding travel - related expenses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 614, 1215 and 1562, as codified in Tukwila Municipal Code (TMC) Chapter 3.04, "Advance Travel Expense Revolving Fund," are hereby repealed in their entirety, thereby eliminating TMC Chapter 3.04. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \Repeal ordinances relating to advance travel fund 1 -10 -13 VC:bjs Page 1 of 2 35 Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Repeal ordinances relating to advance travel fund 1 -10 -13 VC:bjs 36 Page 2 of 2 COUNCIL AGENDA SYNOPSIS Initials Meetin. Date Pre.ared b Ma pr's review MaCalliffralill 1■��'E Council review 02/25/13 DJ 03/04/13 DJ Motion Date 03/04/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY L Discussion L ITEM INFORMATION ITEM No. 5.B. 37 STAFF SPONSOR: RICK STILL ORIGINAL AGENDA DATE: 2/ 25/13 AGENDA ITEM TITLE Parks Recreation & Open Space Plan - Authorize Consultant Agreement 02/25/13 Motion Date 03/04/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY L Discussion L Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT a P &R ❑ Police ❑ PW SPONSOR'S A current 6 -year Open Space Plan is required to be eligible to apply for any state and SUMMARY federal grant funding. This planning tool also assists the entire parks and recreation system and identifies community needs as well as providing policies and standards to help guide the department into the future. The Council is being asked to authorize the Mayor to sign the Consultant Agreement. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 2/11/13 /1 CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITlEE CHAIR: EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Parks and Recreation Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $95,041 $100,000 $95,041 Fund Source: CAPITAL IMPROVEMENT PROGRAM, 2012 -2017 Comments: Project #81330101 MTG. DATE RECORD OF COUNCIL ACTION 02/25/13 Forward to Regular Meeting MTG. DATE ATTACHMENTS 02/25/13 Informational Memorandum and attachments dated 2/6/2013 (Memorandum updated after 2/11/13 CAP Meeting) Minutes from the Community Affairs and Parks Committee meeting of 2/11/13 03/04/13 No Attachments 37 38 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 03/04/13 Prepared by BG Mayor's revj Council reviezv kg-I+ ITEM INFORMATION ITEM No. 6 39 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 03/04/13 AGENDA ITEM TITLE Cascade David View Elementary Safe Routes to School Evans & Associates Contract Admendment No. 1 for Right -of -Way CAIEGORY ❑ Discussion Mtg Date Motion Date 03/04/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date /1 Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police /1 PW SPONSOR'S David Evans and Associates, Inc is currently the design consultant for Cascade View Safe SUMMARY Routes to School with a fee of $38,783.00. The City will need to acquire property rights to construct the trail across private property and the consultant costs for right -of -way services is $25,675. As the total contract will now be over $40,000, the Council is being asked to approve the contract amendment with David Evans for a total of $25,675. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 02/26/13 COMMITTEE CHAIR: KATE /1 Transportation Cmte ❑ Planning Comm. KRULLER RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward as New Business Item COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $25,675.00 $78,000.00 $0.00 Fund Source: 103 RESIDENTIAL STREETS (PG 3, 2013 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/04/13 MTG. DATE ATTACHMENTS 03/04/13 Informational Memorandum dated 02/22/13 Contract Amendment No. 1 to Contract No. 13 -043 Vicinity Map Page 3, 2013 CIP Minutes from the Transportation Committee meeting of 02/26/13 39 40 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director- BY: Robin Tischmak, City Engineer DATE: February 22, 2013 SUBJECT: Cascade View Elementary Safe Routes to School Project No. 91210301, Contract No. 13- Consultant Contract Amendment No. 1 ISSUE Execute Contract Amendment No. 1 with David Evans and Associates, Inc. (DEA) to provide right -of -way acquisition services for the Cascade View Elementary Safe Routes to School project. BACKGROUND In May 2012 the City received a state funded grant award as part of the Safe Routes to School Program to be used for school. The grant funds were awarded to provide the construction of a pedestrian /bicycle trail between S 137th St and S 140th St (along the 32nd Ave S alignment) and also for education /encouragement activities for the students of Cascade Elementary. The DEA contract is related only to the trail construction component of the grant. DEA was selected to provide engineering design services for the trail project. The design contract for $38,783.00 is already in place and did not need Council approval as it was under $40,000.00 (contract is attached for reference). The City needs to acquire property rights to construct the trail across private property. Amending the DEA, Inc. contract to include right -of- way acquisition services causes the total contract to exceed $40,000.00 and now requires Council approval. DISCUSSION DEA has prepared the attached Contract Amendment No. 1, scope of work, and fee estimate to provide the necessary right - of -way acquisition services to construct the trail. The $25,675.00 cost is reasonable for the scope of work. FINANCIAL IMPACT Contract Budget Design Contract $38,783.00 $55,000.00 Right -of -Way 25,675.00 78,000.00 Totals $64,458.00 $133,000.00 The remaining design budget is intended to be used to meet the education /encouragement component of the grant award and the remaining right -of -way budget is intended to be used to compensate property owners for the necessary property. RECOMMENDATION Council is being asked to approve Contract Amendment No. 1 with DEA in the amount of $25,675.00 to provide right -of -way acquisition services for the Cascade View Elementary Safe Routes to School project and consider this item on the Consent Agenda at the March 4, 2013 Regular Meeting. Attachments: Contract Amendment # 1, Scope of Work and Fee Estimate Vicinity Map Page 3, 2013 CIP Original contract W:IPW Eng1PROJECTSIA- RW & RS Projects \Safe Routes to SchooKascade Vew\tnto Memo Contract Amendment 1.docx 41 42 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and David Evans and Associates, Inc. That portion of Contract No. between the City of Tukwila and David Evans and Associates, Inc. is amended as follows: Section I: SCOPE OF WORK Additional Scope as described in Exhibit A. Section V: PAYMENT Additional payment in the amount of $25,675 shall be added to the contract (see Exhibit B). The new maximum amount payable is $64,458. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA CONSULTANT Jim Haggerton, Mayor Manuel Feliberti, Associate ATTEST /AUTHENTICATED APPROVED AS TO FORM City Clerk City Attorney CA: 2012 Page 1 of 1 43 44 Exhibit A Supplement No. 1 Scope of Services for the City of Tukwila Cascade View Elementary Safe Routes to School This Supplement provides right -of -way services. Abeyta and Associates will be a subconsultant to David Evans and Associates, Inc. TASK 5.0 RIGHT -OF -WAY See Attachment A for the scope of services for Abeyta and Associates to provide right -of -way acquisition services for the project. S::TRANS DEAX0030 Tukwila Cascade View Eletn Path Scope and Budt;et.frhihit ADEA Scope Cascade View 2(113 11219.docx Page 1 Cascade View Elementary Safe Routes to School Scope of Services 45 46 Attachment A Scope of Services for Right -of -Way Services by Abeyta and Associates for the City of Tukwila Cascade View Elementary Safe Routes to School EXECUTIVE SUMMARY This proposal is prepared for DEA, Inc. for right -of -way acquisition services for the Cascade View Safe Route project located in the city of Tukwila. These services will be furnished in accordance to state laws and Local Agency Guidelines Manual, and Washington State Right of Way Manual (M26 -01). The overall objectives are: 1. Negotiation services for 3 parcels: partial acquisitions for roadway improvements. 2. Determine property values for each parcel to be acquired. 3. Assist the City of Tukwila with the acquisition process, certification, and preparation of forms. A specific list of Performance Objectives is outlined in the following paragraphs. SPECIFIC OBJECTIVES The key objectives of this proposal are: Acquisitions: 1. Inspect and prepare a Preliminary Survey Report for each parcel. 2. Identify fee interest ownership for 3 parcels. 3. Prepare and setup acquisition files for 2 parcels. 4. Provide 1 appraisal report. The appraisal report will be reviewed by a WSDOT approved review appraiser. This proposal assumes the review appraiser will prepare one (1) appraisal review certificate. 5. Prepare acquisition forms needed to obtain property rights. This proposal does not include the preparation of Possession and Use agreements. 6. Negotiate to acquire in fee title from 3 Parcels - A minimum of 3 attempts for each parcel. Project: Cascade View Safe Route Project Proposal: Right -of -way For: DEA, Inc. Page I of 2 47 7. Prepare administrative offer summary reports for those parcels with market values (just compensation) less than $25,000 — One (1) parcel; 8. Maintain diaries for 2 parcels. 9. Assist in clearing title encumbrances that will adversely impact the rights being acquired. 10. Assist in delivering funds to each property owner. 11. Deliver completed files to the City of Tukwila. PROJECT SCOPE EXCLUSIONS 1. Those services related to obtaining releases of encumbrances from title, which require legal action; 2. The actual filing of condemnation and subsequent litigation; 3. Certain closing costs such as, but not limited to, transfer taxes, title reports, recording fees, penalty costs for pre - payments cost of a pre- existing mortgage, partial reconveyance fees, the pro rate share of real property taxes paid subsequent to vesting title to the City; 4. Continuing negotiations for those parcels listed for condemnation; 5. Appraisal and review for condemnation purposes; 6. Relocation Services; 7. Legal descriptions. Project: Cascade View Safe Route Project Proposal: Right-of-way For DEA, Inc. 48 Page 2 of 2 Attachment B City of Tukwila Cascade View Elementary Safe Routes to School Cost Estimate Supplement No. 1 David Evans and Associates, Inc. Classification Hrs. x Rate = Cost 1 Managing Professional Engineer (MGPE) 0.0 $ 183.00 $ 2 QA/QC Manager (MGPE) 0.0 $ 183.00 $ 3 Design Engineer (DEEN) 0.0 $ 100.65 $ 4 Sr. CADD Technician (SCAD) 0.0 $ 118.95 $ 5 Survey Manager (SVYM) 0.0 $ 189.10 $ 6 Sr Prof Land Surveyor (SPLS) 0.0 $ 170.80 $ 7 Project Surveyor (PLSU) 0.0 $ 125.05 $ 8 Party Chief (PCHF) 0.0 $ 85.40 $ 9 Instrument Person (INST) 0.0 $ 76.25 $ 10 Environmental Planner (ENVP) 0.0 $ 106.75 $ 11 Executive Administrator (EXAD) 0.0 $ 97.60 $ 12 Administrative Assistant (ADMA) 0.0 $ 86.93 $ Total Hrs. 0.0 Salary Cost Direct Expenses Title Reports Mileage Subtotal No. Unit Each Cost 0 each $600.00 $ - 0 miles @ $0.555 /mile $ $ David Evans and Associates Total Subconsultants: Abeyta and Associates - Right -of -Way Acquisition Subconsultant Total Costs $ 25,675 Hours Totals 25,675 Total Costs $ 25,675 Page 1 of 2 t: \TRANS \DEAX0030 \Tukwila \Cascade View Elem Path \Scope and Budget \Exhibit B_DEA Budget Cascade View 2013_0219.xlsx Printed: 2/19/2013, 6:32 PM 49 'Oavid,Evansand Associates, Inc. Attachment B City of Tukwila Cascade View Elementary Safe Routes to School Hour Estimate Supplement No. 1 2 3 4 5 6 10 11 12 N W e 0 d oil 02 Task . Work Item O 0 C 0 L 6 dcr 6 07 i 2n a 0 0 U7 W 0 0 E v > -0 as 0a E D AS To 01 D Do 0 it s: Oat #T tal Total Total -' Total y Total rs ?,hrs hrs,, his Tota a 1.0 Project Management 2.0 Base Mapping 3.0 Environmental 4.0 Design 5.0 Right -of -Way Expenses PROJECT WORK TOTALS..: - S 25,675 $ `25,675 Page 2 of 2 S.\ TRANS \DEAX00301Tukwila\Cascade View Elem Path\Scope and Budget \Exhibit B_DEA Budget Cascade View 2013_0219.xlsx Printed: 2119/2013, 6:32 PM 50 TiS 128th St 1 '3.1,_)071. Si • • 77_7, • LC). .c21 S 1 3 5 thi cr i" $ __ 1 7, 7 t h • S 137),(0 S Project Location Not to Scale - , s s 149th 1 ----i, ---) „, i42hd t 6' ? • e , • • ' • .• •• • a.) 139th St itt S 144th St 1 --, , V)! I of > n..... ,t ii,____ . ___ ___ IS 148th ' St 7E1 -AO — f. i --k./ „-,, - L A••••, i 1 s 1 5001 St ------, -i--- -, . J 1 , i ( S152nd§t Cascade View Elementary School f Rou:,..ks to ;3,--:hool Date: December 31,60112 52 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Cascade View Safe Routes to School Project No. 91210301 Construct an off - street, paved shared use path, sidewalks, and a traffic circle at 33rd Ave S and S 140th St. This DESCRIPTION: route was identified in the Walking Audit prepared for the Cascade View school zone. S 140th St is one of the high priority missing sidewalk areas prioritized as part of the Walk and Roll Plan. JUSTIFICATION: Enhance safety for students walking to Cascade View Elementary School and encourage transportation choices for Cascade View neighborhood residents. STATUS: Phase I is construction of an off - street, paved shared use path between S 137th St and S 140th St. Phase II includes a traffic circle at 33rd Ave S/S 140th St. Also includes sidewalks on the east side of 33rd Ave S between S 140th St & S 144th St and the north side of S 140th St between Military Rd S and 34th Ave S. MAINT. IMPACT: New trail, traffic circle, and sidewalks will need to be maintained. WSDOT Safe Routes to School grant for $428K for Phase 1 2013. Funding for Phase 11 will be part of a future grant application. COMMENT: FINANCIAL Through Estimated n $000's 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES Phase II Design 55 183 238 Land (R/W) 78 78 Const . Mgmt. 45 126 171 Construction 250 530 780 TOTAL EXPENSE 0 0 428 0 0 0 0 0' 839 1,267 FUND SOURCES Awarded Grant 428 428 Proposed Grant 750 ` 750 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 0 0 0 0 0 0 0 0 89 89 TOTAL SOURCES 0 0 428 0 0 0 0 0 839 1,267 2013 - 2018 Capital Improvement Program 3 53 54 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 13 -043 Council Approval N/A CONSULTANT AGREEMENT FOR ENGINEERING DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and David Evans and Associates, Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering design services in connection with the project titled Cascade View Elementary Safe Routes to School. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2013, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2013 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $38,783.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. / 5/ y a 6:7-./6/11/4-6-3- 7-./G/,Vi9 - 55 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. CA revised : 1 -2013 56 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1 -2013 Page 3 57 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1 -2013 58 Page 4 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Dav;d Evans and Associecfes,.itc BLS -!/8th Avenue SE 'Bellevue, WA 980 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this g day of j k- , 20 f3 . CITY OF TUKWILA CONSULTANT Attest/Authenticated: 7 City Clerk Office of the City Attorney P, 747/411�/�� Printed Name: M e / re 1 ■ b e r-1 Title: A55e2(..i4 -e. Approved as to Form: CA revised : 1 -2013 Page 5 59 60 Exhibit A Scope of Services for the City of Tukwila Cascade View Elementary Safe Routes to School David Evans and Associates, Inc. shall prepare topographic base map, environmental documents, preliminary and final design, and right -of -way services to provide a safe route to school for Cascade View Elementary School from S 137th Street to S 140th Street. The trail is planned to be 12 feet wide and approximately 840 feet long. TASK 1.0 PROJECT MANAGEMENT This work element includes project setup and closeout, preparing monthly invoice, and coordination with subconsultant. Abetya and Associates will be a subconsultant providing right -of -way acquisitions. Deliverables: • Monthly progress reports and invoices (both in hard copy only). Assumptions: • Contract duration is 4 months. TASK 2.0 BASE MAPPING. This work element includes performing topographic survey for the project including establishing horizontal and vertical control. The base map will include existing features within the project limits. DEA will notify the City and utility companies to mark existing utilities so they may be incorporated into the existing base map. The topographic survey map will be prepared with a two -foot contour interval and plotted at a scale of one inch equals twenty feet. Deliverables: • Electronic copy of topographic base map and data points in AutoCAD. TASK 3.0 ENVIRONMENTAL DEA shall prepare a SEPA checklist in pursuit of a Determination of Non - Significance. The checklist will be accompanied by the City's Endangered Species Act (ESA) Screening Checklist. DEA shall initiate informal consultation with the Washington State Department of Archaeology and Historic Preservation Office (DAHP) to review impacts to cultural resources. The CONSULTANT shall prepare and submit Form EZ -1 for DAHP review. Deliverables: • SEPA Checklist and ESA Screening Checklist (Draft and Final) • Form EZ -1 (Draft and Final) S: ITRANSIDEAX00301TukwilalCascade View Elem Path&Scope and BudgetlExhibit A DEA Scope Cascade View 20130213.docx Page 1 Cascade View Elementary Safe Routes to School Scope of Services 61 Assumptions: • City will prepare public notice materials and fee associated with SEPA. • No sensitive areas studies or technical reports are required for SEPA Checklist. • The SEPA and ESA Screening checklists will be delivered as electronic pdf file. • DAHP will not require formal consultation or cultural resources survey. • The City will prepare any required local permits. TASK 4.0 DESIGN This work element includes preliminary and final design for the project. Design elements assumed includes grading, paving, and drainage. The preliminary design will be based on field visit with the City once the survey base map is completed. Design scope and items will be marked on hard copy base map. The final design will develop the preliminary design notes. The final design will include the preparation of plan set, specification, and estimate. Deliverables: • Preliminary Design • Final Design Assumptions: • Drainage technical information report or memorandum is not required. • Stormwater quality and detention is not anticipated for the project. • PS &E documents will be based on WSDOT 2012 Standard Specifications. • Detention and water quality is not required. • The City will handle all utility companies' coordination. • One hard copy and pdf files of PS &E package will be delivered. Hard copy plans will be delivered on 11"x17" paper only. • Bid period assistance is not required. TASK 5.0 RIGHT -OF -WAY DEA shall prepare parcel exhibits and legal descriptions for three parcels. The parcel exhibits will include parcel boundary lines, proposed acquisition areas, existing right -of -way, square footage of parcel, take area, and remainder square footage. DEA shall prepare land descriptions of the proposed right -of -way acquisition area for the same three (3) parcels with exhibits. The land descriptions will be based upon data provided in title reports. The CONSULTANT will describe the controlling elements for the proposed take and provide any plans related to the take areas, including construction plans. Deliverables: • Parcel Exhibits and Legal Descriptions (3 parcels: 1 school and 2 church properties) Assumptions: • Only one submittal of exhibits and legal descriptions is assumed. S: ITRANSIDEAX00301TukwilalCascade View Elena Path\Scope and BudgetlExhibit A_DEA Scope Cascade View 2013_0213.docx Page 2 Cascade View Elementary Safe Routes to School Scope of Services 62 Attachment B City of Tukwila Cascade View Elementary Safe Routes to School Cost Estimate David Evans and Associates, Inc. Classification Hrs. x Rate = Cost 1 Managing Professional Engineer (MGPE) 68.0 $ 183.00 $ 12,444 2 QA/QC Manager (MGPE) 4.0 $ 183.00 $ 732 3 Design Engineer (DEEN) 66.0 $ 100.65 $ 6,643 4 Sr. CADD Technician (SCAD) 2.0 $ 118.95 $ 238 5 Survey Manager (SVYM) 9.0 $ 189.10 $ 1,702 6 Sr Prof Land Surveyor (SPLS) 2.0 $ 170.80 $ 342 7 Project Surveyor (PLSU) 58.0 $ 125.05 $ 7,253 8 Party Chief (PCHF) 20.0 $ 85.40 $ 1,708 9 Instrument Person (INST) 20.0 $ 76.25 $ 1,525 10 Environmental Planner (ENVP) 16.0 $ 106.75 $ 1,708 11 Executive Administrator (EXAD) 8.0 $ 97.60 $ 781 12 Administrative Assistant (ADMA) 20.0 $ 86.93 $ 1,739 Total Hrs. 293.0 Salary Cost Direct Expenses Title Reports Mileage Subtotal No. Unit Each Cost 3 each $600.00 $ 1,800 300 miles @ $0.565 /mile $ 170 $ 36,814 1,970 (David Evans and Associates Total $ 38,783) Total Costs $ 38,783) Page 1 of 1 S \TRANS\DEAX0030 \Tukwila\Cascade View Elem Path\Scope and BudgetlExhibit B_DEA Budget Cascade View 2013 0213.,dsx Printed: 2/12 /2013, 6:33 PM 63 Attachment B City of Tukwila Cascade View Elementary Safe Routes to School Hour Estimate David Evans and Associates, inc. V00,51$101$1 Direct LAWzzt sisa.00 sisz.as $100.65 $118.95 $1S9.10 , $170.80 1, 5525,05 az Total CvaUar. 11 TI rIaI T Iir 1=0 1---Protact Management' 2„0 :Base Mapping lEnvi,,,mnunit 4e 1DeSign S.8 1R_Wht—er-AMay 2 12 16 20 8 $1137-14 Tpt* Page 1 of 1 S:\TRANS\DEAX003OTukwiIa\Cascade View Elem path \Scope and Budget \Exhibit B_DEA Budget Cascade View 2013 0213.xisx Printed: 2/12/2013, 6:2 PM TRANSPORTATION COMMITTEE Meeting Minutes February 26, 2013 — 5:15 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Duffle and Dennis Robertson Staff: Bob Giberson, Frank Iriarte, Robin Tischmak and Cyndy Knighton Guest: Chuck Parrish CALL TO ORDER: The meeting was called to order at 5:05 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Cascade View Elementary Safe Routes to School Consultant Contract Amendment #1 Staff is seeking Council approval of Contract Amendment No. 1 with David Evans and Assoiciates, Inc. for the Cascade View Safe Routes to School project in the amount of $25,675.00. This amendment will provide right -of -way acquisition services that are needed for the City to acquire property rights for construction of the trail across private property. A more detailed Scope of Services in provided in Attachement A, page 4 of the Committee Agenda packet. Based on a request made by Committee Member Duffle, rather than going to the Consent Agenda, this item will be placed under new business at the March 4 Regular meeting so that interested public has the opportunity to speak to this issue prior to the full Council taking action. UNANIMOUS APPROVAL. FORWARD TO MARCH 4 REGULAR MEETING FOR DISCUSSION AND ACTION AS APPROPRIATE. B. Interlocal Agreements: Tukwila Urban Center Transit Center Staff is seeking Council approval for to enter into two interlocals with King County (specifically Metro Transit) for the design, construction, and maintenance of the Tukwila Transit Center; and the RapidRide Intelligent Transportation System. Design, construction, and maintenance of the Tukwila Transit Center This agreement defines the roles between the City of Tukwila and King County in regards to the City's prposed Transit Center. In summary, Tukwila is responsible for design and construction, and will share responsibility for ongoing maintenance and operations with the County. RapidRide Intelligent Transporation System This agreement outlines City and County responisbilities relating to conduit and fiber cables that are used by King County Metro's F Line RapidRide's Intelligent Transportation System improvements. Specifically, it identifies ownership of resources, installation and use. Staff briefly mentioned a third agreement that will be forthcoming to Committee regarding implementation of the F Line RapidRide Fiber Optic Project. UNANIMOUS APPROVAL. FORWARD TO MARCH 11 COW FOR DISCUSSION. 65 66 mon TO: City of Tukwila CITY ADMINISTRATOR REPORT Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: February 27, 2013 SUBJECT: Report for March 4, 2013 Regular Council Meeting Jim Haggerton, Mayor The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. The report consists of information provided by the Executive Team, with editing and input by the City Administrator. Please let me know if you have any questions or need additional information about any of the following items, and please feel free to contact any of the department heads for additional information. i. Intergovernmental and Local Issues Update MEETINGS • Flood Control District: On February 26 Mayor Haggerton and City Administrator Cline attended the Flood Control District Board meeting. Mayor Haggerton presented the Administration's position of support for the Flood District's Executive Committee's recommendation for flood protection in Kent and Tukwila on the Briscoe - Desimone levee. The full Board approved this measure 8 -0. City staff members are providing walking tours of this area for the City Council and creating a Council briefing packet. A full Council presentation is currently scheduled for April 1 in coordination with the City of Kent, who is the lead City on this project on behalf of the Flood Control District. At this April presentation, City staff will outline the next steps in this process which will include ensuring this project will meet all applicable local and state regulations and it may also include interlocal agreements with the City of Kent to streamline this process. • Economic Development: On February 20 Councilmember Hougardy and economic development staff attended the SKCEDI executive meeting. Highline Community College presented about their new CollegeStart program, which is similar to RunningStart but targeted to technical degrees. • Annexation: City Administrator Cline and Community Development Director Pace attended a voluntary mediation on Feb 27 regarding the City's annexation of Area "0" in the North Highline Area. Other participants included representatives from King County, City of Seattle, City of Burien, Fire District 11, Fire District 2, and the King County Library District. A second mediation is scheduled for March 13. • South 178th Street vacation: City representatives continued to meet with representatives from Puget Sound Energy and Segale Properties to move forward on the City's intention to locate a public fire station on South 178th Street. • Tourism Promotion Area: City representatives met with the City of SeaTac to discuss the ideas of creating a tourism promotion area across both cities. This effort will be discussed in detail at the upcoming Finance & Safety Committee meeting on March 5. 67 City Administrator Report Page 2 MAYORS OFFICE • Staff assisted in the preparation of information and materials to facilitate the Council Retreat workshop on Strategic Planning implementation and the 2013 City work plan. • Staff provided a Strategic Plan update to the Public Works Maintenance staff and the City Administrative Services Team at their monthly meetings. • A Strategic Plan brochure was developed and distributed to the City Council, Steering Committee Members, Staff Committee members, Executive Team members, and made available at counters in various City locations. • On February 21 staff co- hosted an open house at Albert Lee Appliance about the proposed Circuit City development. • Staff attending Bhutanese youth group performance at Foster High School on Feb. 12 COMMUNITY DEVELOPMENT • Link Light Rail Permanent Noise Wall Installation: Sound Transit has concluded the initial prep work along the guideway as of this week. Work on the guideway will stop for six weeks as they await the fabrication of the permanent noise panels. Work is anticipated to start up again April 1St • Healthy King County Coalition: Staff attended the February 11 meeting of the Healthy King County Coalition (HKCC) at the invitation of Tukwila resident and HKCC Coordinator Val Thomas - Matson. The Coalition is made up of local governments and community organizations who received grant funding through the Communities Putting Prevention to Work (CPPW) program. The group is divided in to several working groups, including Tobacco Prevention, Building Environment & Active Living, Healthy Foods, Schools and Early Learning, and Equity. The Built Environment work group will meet in March to discuss ongoing projects and opportunities in support of a built environment that encourages active living, and PSRC's work to develop a Health, Equity and Sustainability toolkit, clearinghouse, and local jurisdiction recognition /awards program. • The Homesteads at Foster Point: In 2007 a six lot short plat was approved and recorded inclusive of the site utilities for The Homesteads at Foster Point project. At the end of 2012 two single family residence permits were submitted for lots 1 and 5. This week the Permit Center received applications for the remaining four lots. They are currently under review for code compliance with the various departments. • Streamlined Permitting Process Kickoff Event: The Community Development Department in coordination with Washington Cities Insurance Authority, hosted a training session for the various departments and more than 30 staff members involved in implementing the new permitting system. This training was an effective way to help ensure successful implementation of this coordinated system. PUBLIC WORKS • Seattle City Light Coordination: Staff attended a four hour informational forum on February 27th at the Seattle City Light Operations Center. Topics included SCL's Emergency Operation Center, power outage prioritizations, vegetation management, streetlights, poles and pole attachments, real property, SCL strategic plan and rates. • City Facilities Planning Effort: Two proposals were received on the February 22nd deadline. Department Directors and several councilmembers will be evaluating the proposals and assisting with the consultant selection. 68 City Administrator Report Page 3 PARKS AND RECREATION • Teen Late Night: Record numbers of attendees have been participating in the Teen Late Night Program. Attendance has been around 155 — 165 teens more recently as compared to about 100 — 120 attendees in the past. • Community Supported Agriculture Program: The Tukwila Community Center will be a drop off site for Whistling Train Farms Community Supported Agriculture (CSA) program beginning in June. Those wishing to participate can subscribe directly with the farm. Information will also be in the Parks and Recreation Summer Program Guide. • Gardening Workshops: Staff have coordinated with Whistling Train Farms to offer gardening workshops. Workshops will include: An Intro Container Gardening, Year - Round Container Gardening, Composting, Farm Tours, and The Home Chicken Flock. • Garden Tour: The Backyard Wildlife Festival has hosted an annual garden tour as part of the event for many years. This year the Garden Tour piece of the event will become its own event in July. On July 13 Special Events Staff will host the first Tukwila Garden Tour. The tour will premier five to seven of Tukwila's finest gardens. The gardens will also be host to art, music, and refreshments. More information will be distributed as the program continues to develop. TUKWILA POOL — METROPOLITAN PARK DISTRICT (MPD) • Capital Project: Final project details are being completed and the pool is now expecting the soft opening to be in early March. Once a final date for the soft opening is confirmed, this will be shared with the Commissioners and the public. The formal opening is still being planned for April Pools Day on April 20. POLICE • On Tuesday, February 19, 2013, Berk Consultants met with staff to discuss the way ahead for the Police Department's Strategic plan. Staff provided input and started the discussion on the future road map. The Police Department's Goals will be an important part of supporting the city's strategic planning priorities. • On February 20, 2013, Commander Harrison and Sergeant Devlin met with Zen Ning, the spokesperson for the Burmese community in western Washington. Mr. Ning wanted the City's input and assistance for the success of their celebration of "Zomi National Day ", a Burmese Holiday. Their own group provided security and the City officers visited the area several times during the event. No additional resources were necessary and the event was a success for everyone. • The command staff conducted entry-level officer interviews the week of 2/18/13 as the City continues to seek highly qualified candidates to fill the ranks within our department. Our hope is to maintain a consistent level of staffing necessary to achieve our Crime Reduction Initiative benchmarks and overall goals. FIRE • On Feb. 23, fire department personnel responded to a sprinkler alarm at Westfield Mall. The alarm was triggered by a worker, but did not cause sprinklers to release water and did not result in property damage to any merchants. The Mall's occupants were evacuated in an orderly fashion for approximately 15 minutes and later returned to the building. 69 70 Upcoming Meetings & Events March 2013 4th (Monday) 5th (Tuesday) 6th (Wednesday) 7th (Thursday) 8th (Friday) 9th (Saturday) > Civil Service Commission, 5:00 PM (CR #3) > Utilities Cmtc, D Chamber of Commerce Gov't. & Community Affairs Cmte, 12:00 NOON (Chamber Office) D Finance & Safety Cmte, 5:30 PM (CR #3) So. Arts Commission, 5:30 PM (Community Center) ) D Equity & Diversity Commission, 5:15 PM (CR #3) �� � ' Dr. Seuss Night Celebrate Dr. Seuss' birthday with bouncers, arts and crafts, food & games! FREE FAMILY FUN! 6:00 to 8:00 PM (Community Center) Restore the Duwamish Shoreline Challenge 1:00 — 4:00 PM Meet at the Green River Trail BECU Campus (12770 Gateway Drive) Join community members and local businesses to help remove invasive blackberry and plant native vegetation. For background information or to register visit: forterra.org/events Council Coffee Chat 10:00 AM to 12:00 NOON Stop by and informally talk with a Tukwila City Councihnember about anything on your mind regarding Tukwila. Foster GolfLinks Clubhouse (13500 Interurban Ave S) 5:00 PM Cancelled D City Council Executive Session, 6:30 PM ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) Tukwila Pool Soft Re- Opening (Grand re- opening scheduled for April 20`h) ! For more information call 206 - 768 -2822. CPR Training Course 9:00 AM 3:00 PM (Fire Station 51) Registration required. Call 206 -575 -4404 SUNDAY, (at Daylight MARCH 11 2:00 AM) Saving Time Begins a`W llth (Monday) 12th (Tuesday) 13th (Wednesday) 14th (Thursday) 15th (Friday) 16th (Saturday) D Community Affairs & Parks Cmte, 5: 15 PM (CR #3) D City Council Executive Session, 6:00 PM ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers D Transportation Cmte, 5:15 PM (CR #1) ➢ Tukwila International Boulevard Action Cmte, 7:00 PM (Community Communit Center ) D Sister City Cmte, 4:00 - 5:30 PM (Community Center) Tukwila Tree and Advisonment Advisory Committee Meeting, (Note, new meeting day) 5:30 — 7:30 PM (CR #2 — 6300 Southcenter Blvd) Family Movie Night on the Big Screen Bring your sleeping bag or blanket to set up in the Tukwila up Community Center Social Hall. Doors open at 6:00 PM; movie starts at 6:30. Free! But bring 2 cans offood per person for the Tukwila Food Pantry. Duwamish Hill Preserve Volunteer Restoration Project 10:00 AM— 1:00 PM For information visit www.forterra.org/events > Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 - 767 -2342. > Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206 - 431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3 (A) Tourism Promotion Area. (B) Valley SWAT Interlocal Agreement. (C) An amendment to the Interlocal Agreement with the Metropolitan Park District regarding long -term general obligation bonds. > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206 -433 -1850. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf. Room #3 > Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Dave Johnson at 206 - 767 -2308. > Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670. > Transportation Committee: 2nd & 4th Tues., 5:15 PM, Conf. Room #1 >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 -433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1 Meeting Cancelled. 71 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. March 4 See agenda packet cover sheet for this week's agenda (March 4, 2013 Regular Meeting). 11 Special Presentation: 18 Unfinished Business: 25 Special Presentation: State of the Municipal Court. Public Hearing: A proposal Development Agreement for 223 Andover Park East. A resolution adopting the Comprehensive Plan update process. Tukwila Urban Center Transit Center. An update on the Hyde Shuttle. Teens for Tukwila. A proposed Development Agreement for 223 Andover Park East. Comprehensive Plan Updates Process. Special Issues: A proposed Development Agreement for 223 Andover Park East. Comprehensive Plan Update Process. Tukwila Urban Center Transit Center. April 1 Special Presentation: 8 Special Presentation: 15 22 Employee Recognitions. Appointments/ Growing Transit Communities Partership. Proclamations: Proclamation for Arbor Day. Appointments to Community Policing, Parks Commission and Human Services. 72