Loading...
HomeMy WebLinkAboutCOW 2004-06-28 COMPLETE AGENDA PACKET TukWila City Council Agenda Ix} .:. COMMITTEE'OF THE WHOLE Steven M. Mullet, Mayor Councilmembers: · Pam Carter · Joe Duffie  Rhonda Berry, City Administrator · Dave Fenton · Joan Hernandez Jim Haggerton, Council President · Pamela Linder * Dennis Robertson Monday, June 28, 2004; 7 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL a. Introduction of New Employee: PRESENTATIONS Mike Tayag, Adrnin. Support Assistant, P&R b. Update, July Fourth Festivities and Tukwila Days, Tracy Gallaway, P&R 3. CITIZEN At this time, you are invited to comment on items not included on this agenda. To COMMENT comment on an item listed on this agenda, please save your comments until the ~ssue is presented for discussion. 4. SPECIAL ISSUES a. Fire Department draft ordinances: 1) Establishing requirements and regulations for fire protection systems in new and existing buildings within the City of Tv_kwila. 2) Establishing requirements and regulations for automatic fire alarm systems in new and existing buildings within the City of Tukwila. 3) Establishing specifications and standards for fire hydrants installed within the corporate limits of the City of Tukwila. 4) Establishing certain fire protection standards for the construction of high-rise buildings within the City. b. Authorize City to continue serving as fiscal agent for the Valley Narcotics Enforcement Team (VNET) for the period 7-1-04 to 6-30-05. c. Modify the'length restriction on cargo containers that are used as accessory structures in certain zoning districts and clarify appeal rights in regard to cargo container permit applications. d. A contract With Freedman Tung & Bott°mly (FTB) for services related to the Tukwila Urban Center (TUC). e. An amendment to Professional Services Contract No. 04-015 with Martin J. Durkan extending the contract to 12-31-04. f. A Professional Services contract with Ball Janik LLP, in the amount of $9,500 per month ($8,500 retainer, plus expenses, up to $1,000 per month) for federal representation and lobbying services related to securing federal authorization and appropriation for key projects identified by the City. 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. ADJOURN TO SPECIAL MEETING June 28, 2004 Page 2 -:- SPECIAL MEETING Monda~t, June 28, 2004 * Ord #2047 · Res #1553 1. CALL TO ORDER / ROLL CALL 2. UNFINISHED a. Fire Department ordinances: BUSINESS 1) Establishing requirements and regulations for fire protection systems in new and existing buildings within the City of Tukwila (see item 4.a.1. above). 2) Establishing requirements and regulations for automatic fire alarm systems in new and existing buildings within the City of Tukwila (see item 4.a.2. above). 3) Establishing specifications and standards for fire hydrants installed within the corporate limits of the City of Tukwila (see item 4.a.3. above). 4) Establishing certain fire protection standards for the construction of high-rise buildings within the City (see item 4.a.4. above). b. Authorize City to continue serving as fiscal agent for the Valley Narcotics Enforcement Team (VNET) for the period 7-1-04 to 6-30-05 (see item 4.b. above). c. A contract with Freedman Tung & Bottornly for services related to the Tukwila Urban Center (see item 4.d. above). d. An amendment to Professional Services Contract No. 04-015 with Martin J. Dnrkan extending the contract to 12-31-04 (see item 4.e. above). e. A Professional Services contract with Ball Jauik LLP, in the amount of $9,500 per month ($8,500 retainer, plus expenses, up to $1,000 per · ' month) for federal representation and lobbying services related to securing federal authorization and appropriation for key projects identified by the City (see item 4.f. above). 3. EXECUTIVE SESSION Potential Litigation; RCW 42.30.110(1)(i) -- 30 minutes. 4. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerk's office 206-433-1800/TDD 206-248-2933. This notice is available at www.ci. Tukwila.wa.us, and also in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SYNOPSIS i ......................... I~itials .................... ITEM NO, ~ Meeting Date Prepared by Mayor's review Council review 06-14-04 B.D. Baker Tomaso for ~! ~._/ ~ 06-21-04 , (./[. 06_28.04 ,, CAS Number: 04-091 I Original Agenda Date: June '14, 2004 (06-.14-04) An ordinance adopting the 2003 edition of the International Fire Code (06~28-04) 1) An ordinance establishing requirements and regulations for fire protection systems in new and existing buildings 2) An ordinance establishing requirements and regulations for automatic fire alarm systems in new and existing buildings 3) An ordinance establishing specifications and standards for fire hydrants installed within the corporate limits 4) An ordinance establishing certain fire protection standards for the construction of high-rise buildings ~~: Council Admin. X- Fire Department ordinance(06'21-04)atCOuncilthe samet° hOldmeetinga public hearing on June 21 and adopt the proposed (06-28-04) Council to review four remaining ordinances proposed for adoption at a Special Meeting, directly following the COW. ~: (06-21-04) This ordinance is necessary to comply with Washington State law that adopts International Code Series for the State of Washington. The proposed ordinance must be adopted and in effect by July 1, 2004; thus, the fast tracking of the item. (06-28-04) Four remaining ordinances must be adopted and in effect by July 1, 2004. Incomplete at the time the International Fire Code was considered, the - - remaining four ordnances have been reviewed and appear in final format; Sponsor: (06-21-04) Hold the public hearing and adopt the proposed ordinance as presented. {06-28-04) Review the proposed ordinances at COW; and adopt them at the Special meeting to directly follow the COW Committee: Same as sponsor. Administration: Same as sponsor. Meeting Date ACTION 06-14-04 Review of draft ordinance. 06-21-04 Council held public headng and adopted ordinance as presented. 06-28-04 Four proposed ordinances hnal format AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TMC CHAPTER 16.42, WHICH ESTABLISHES REQUIREMENTS AND REGULATIONS FOR FIRE PROTECTION SYSTEMS IN NEW AND EXISTING BUILDINGS WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE Na 1901 PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide a safe Living and working environment in the City of Tukwila; and WHEREAS, the City Council desires to provide the highest degree of life safety for its citizens; and WHEREAS, it has been determined that fire protection systems facilitate a safe working environment and provide a high degree of life safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Chapter 16.42, "Sprinkler Systems," is hereby amended to read as follows: 16.42.010 Required An automatic sprinkler system shall be required as outlined in this Chapter. 16.42.020 References The following shall be used in the design, installation and maintenance of sprinkler systems within the City of Tukwila; if there is a conflict between the codes, the one offering the greatest degree of fire protection shall apply. References are to the current editions; unless otherwise noted. NFPA 13 INSTALLATION OF SPRINKLER SYSTEMS NFPA 13D RESIDENTIAL SPRINKLER SYSTEMS NFPA 14 STANDPIPE AND HOSE SYSTEMS NFPA 15 WATER SPRAY FOCED SYSTEMS NFPA 24 PRIVATE FIRE SERVICE MAINS AND THEIR APPURTENANCES NFPA 25 INSPECTION, TESTING AND MAINTENANCE OF WATER BASED FIRE PROTECTION SYSTEMS NFPA 88A PARKING STRUCTURES IFC INTERNATIONAL FIRE CODE IBC INTERNATIONAL BUILDING CODE RCW 18.160 WASHINGTON STATE SPRINKLER CONTRACTOR LAW 16.42.030 Definitions. A. "Approved" refers to the approval of the Tukwila Fire Department. B. "Automatic sprinkler system' is an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The installation includes one or more automatic water supplies. The portion of the Sprinkler 6/24/04 1. Of 5 1 9' sprinkler system aboveground is a network of specially sized or hydraulically designed .r.: >:r piping installed in a building, structure or area, generally overhead, and to which sprinklers are attached in a systematic pattern. The valve controlling each system riser is located in the system riser or its supply piping. Each sprinkler system riser includes a device for actuating an alarm when the system is in operation. The system is usually =:=s activated by heat from a fire and discharges water over the fire area C. "Listed" refers to equipment or materials indicated in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed p equipment or materials, and whose listing states either that the equipment or material r meets appropriate standards or has been tested and found suitable for use in a specific y {4:; manner. 50:: 16.42.040 Approval and Design Plans A. All new sprinkler systems and all modifications to sprinkler systems.involving more than 50 heads shall have the written approval of the Washington Survey and r% Rating Bureau, Factory Mutual, Industrial Risk Insurers, Kemper, or any fire protection engineer licensed by the State of Washington. Exception: The Tukwila Fire Prevention Bureau reserves the right to require pre- approval, by one of the agencies listed above, for any modification to a hydraulically- designed system regardless of the size of the job. B. All sprinkler drawings shall be prepared by persons meeting the requirements of RCW 18.160. C. At least three complete sets of blueprint drawings with information regarding the automatic sprinkler system as identified in NFPA 13, Sections 6 -1, 6 -2 and 6 -3, and at least one civil engineering blueprint showing the underground installation from watermain tap to base riser, shall be submitted to the Tukwila Fire Prevention Bureau F for approval prior to installation or modification of any equipment One set of c approved plans shall be located at the job site. D. Drawings submitted for approval must include floor layout drawn to scale, no smaller than 1/8 -inch scale, showing all rooms and spaces with accurate measurements. Drawings shall include the building permit number. E. As- bunts shall be provided prior to system acceptance and final approval, if any modifications not shown on the original plans have been done to the system. F. The installer shall perform all required acceptance tests (as identified in NFPA 13) in the presence of a representative of the Tukwila Fire Prevention Bureau. The installer shall complete the contractor's material and test certificate(s) and forward the :::::;;,k: certificates to the Tukwila Fire Prevention Bureau prior to asking for approval of the r? installation. G. After the sprinkler plans have been approved by the Tukwila Fire Prevention Bureau, a job number will be issued to begin work. The plan review fees are as follows: Commercial: For 1 -5 heads: Base fee $75.00 Commercial: For 6 or more heads: s Base fee $150.00 $1.50 per sprinkler head in excess of 10 Single- family: Base fee $50.00 $1.50 per sprinkler head in excess of 10 16.42.050 Where Required A. A fully automatic sprinkler system designed, installed and tested per NFPA 13 shall be installed in all new buildings 10,000 square feet or greater in total floor area B. Without regard to exceptions to the sprinkler system requirements as set forth in this section, a fully automatic sprinkler system, per TMC 16.42.050A, may be required 1 'T.: by the Chief of the Fire Department and the Fire Marshal for new buildings under Sprinkler 6/25/04 2 of 5 2 a 10,000 square feet total floor area when, in their judgment, any of the following conditions exist: 1. Hazardous operations. 2. Hazardous contents. 3. Critical exposure problems. `ie 4. Limited accessibility to the building. 5. Inadequate waterflow availability. C. Sprinklers are required in all Group R, Division 1, 2 and 3, occupancies (as defined in the IBC) having three or more floor levels or containing 5 or more dwelling units. D. Sprinklers are required in Group A occupancies (as defined in the IBC) such as nightclubs, discos or restaurants where the total gross floor area exceeds 5,000 square feet. E. Fire walls, fire barriers, or vertical or horizontal fire barriers as noted in Section 705.1 of the International Building Code shall not be considered to separate a building to enable deletion of a required automatic sprinkler system. F. Single family residences that have between 500 and 1,000 GPM fire flow availability. G. Single family residences that exceed minimum distance requirements to a hydrant may, at the discretion of the Chief, be allowed to install a sprinkler system in lieu of a hydrant. 3 16.42.060 Standpipes A. When standpipes are required, they shall be Class III Wet. Fis Exception: In unheated structures, the standpipe may be dry. B. Buildings over four stories shall have in the stair tower, adjacent to the standpipe, beginning on the third floor and alternating every other floor, in hose yif cabinets, 150 feet of 1-3/4" double jacket hose with 1 -1/2" NST hose couplings. The hose lengths shall be connected and bundled together. The cabinet shall be labeled "FIRE DEPARTMENT USE ONLY 16.42.070 General Requirements A. Sprinkler installations and modifications shall be done by companies licensed by the State of Washington to perform this type of work. :a B. The automatic sprinkler system for new warehouses shall have a minimum design density of 39 gallons /5,600 square feet, plus an allowance of 1,000 GPM for in- -f41; rack fire sprinklers and hose allowance. C. All other occupancies shall be a minimum design density of ordinary hazard Group I unless otherwise provided for in this ordinance. D. On all hydraulically- designed sprinkler systems, the velocity of water in the overhead pipe shall not exceed 32 feet per second. The velocity of water in the underground pipe shall not exceed 16 feet per second. E. Hydraulic calculations shall be provided by the contractor for calculated systems; the contractor shall, upon request, provide calculations for pipe schedule systems. F. Calculated sprinkler systems shall be designed with a 10 psi cushion for low reservoir conditions. G. Automatic sprinkler systems and all other fire suppression systems shall be monitored by a City of Tukwila- approved UL central station. This shall include all water control valves, tamper devices, pressure supervision and waterflow switches. In buildings having a fire alarm /detection system, the sprinkler system shall be tied to the fire alarm system (last zone[s]). Sp 6 /24/04 3 of 5 3 H. Permanent, all- weather sprinkler riser zone maps shall be installed at the fire department connection and riser. I. All exterior components of sprinkler systems shall be painted red. This includes: post indicator valves /outside stem and yoke valves, wall indicating valves, fire department connections, and water motor gong. J. The fire department connection shall have a downward angle bend between 22.5 and 45 degrees, with a 5 -inch Storz fitting. K. A manual fire alarm system shall be installed in all new sprinklered buildings. Visual and audible devices shall be installed per TMC Chapter 16.42. L. Maintain a four -foot dear space around the sprinkler riser(s) for emergency access. 16.42.080 Special Requirements A. All hotel /motel occupancies shall be sprinklered a minimum ordinary hazard Group I density throughout; no omissions are allowed. Sprinkler spacing in the guest rooms may be Light Hazard. B. Each new commercial /industrial or multi- family building shall have its own control valve on the exterior or outside away from the building. Each floor of a multi- story- building shall have sectional control valves. C. Multi- family dwelling sprinkler systems shall be designed Minimum Light Hazard; no omissions are allowed. D. All sprinkler system control valves shall be electronically supervised against tampering. 16.42.090 Existing Buildings A. Existing fully sprinklered buildings, when remodeled or added on to, shall retain the feature of being sprinklered in the remodeled or added -on portion. B. If, by increasing usable square footage of an existing building, the resulting total structure falls within the coverage of TMC 16.42.050A, the entire structure shall be fully sprinklered. 16.42.100 Maintenance A. The owner is responsible for the condition of the sprinkler system and shall keep the system in operating condition in accordance with NFPA 25. B. Regular maintenance by a Washington State licensed sprinkler contractor shall be done in accordance with NFPA 25. If the sprinkler system is connected to a fire alarm system, the contractor shall coordinate with the fire alarm maintenance company for any work involving the fire alarm system or control panel. C. The Tukwila Fire Department shall be notified immediately of any impairment of the sprinkler system. The owner shall be responsible for the repair of the system, and shall maintain a 24 -hour fire watch until the system is returned to normal condition. m High hazard operation may be suspended until the sprinkler system is back in normal condition. 16.42.110 Re-inspection Fee An $80.00 re- inspection fee shall be assessed when an inspector is requested to <.'1? make an inspection or witness a test on a sprinkler system and, upon arrival, finds the work is not ready for inspection or the test fails. The re- inspection fee shall be paid prior to a follow -up inspection and the receipt shall be at the job site 16.42.120 Exceptions rr Any exception to the items covered by this Chapter shall be made by the Chief of the Fire Department or by the Fire Marshal. Requests for exception must be made in writing; exceptions granted or denied shall be in writing. Sprinkler 6/24/04 4 of 5 4 16.42.130 Penalties Any person violating the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Section 2. Repealer. Ordinance No 1901 is hereby repealed. 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 on July 1, s 2004, 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 2004, ATTEST /AUTHENTICATED:., Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: 32 ni' Sprinkler 6/24/04 5 Of 5 5 :;j': rem 4 C7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON AMENDING TMC CHAPTER 16.40, WHICH ESTABLISHES REQUIREMENTS AND REGULATIONS FOR AUTOMATIC FIRE ALARM SYSTEMS IN NEW AND EXISTING BUILDINGS WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NO 1900; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide a safe living and working environment in the City of Tuk.rla,and WHEREAS, the City Council desires to provide the highest degree of life safety for its citizens; and WHEREAS, it has been determined that automatic fire alarm systems facilitate a safe working environment and provide a high degree of life safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Chapter 16.40, "Fire Alarms,' is hereby amended to read as follows: 16.40.010 Required An automatic fire alarm system shall be installed in all new structures less than 10,000 square feet total floor area Exceptions are noted in TMC 16.40.140. 16.40.020 References The following references shall be used in the design, installation and maintenance of fire alarm systems within the City of Tukwila; if there is a conflict between the codes, the code that provides the greatest degree of fire protection shall apply. References are to the current editions, unless otherwise noted. NFPA 70 NATIONAL ELECTRICAL CODE NFPA 72 PROTECTIVE SIGNALING SYSTEMS NFPA 88A PARKING STRUCTURES IFC INTERNATIONAL FIRE CODE IBC INTERNATIONAL BUILDING CODE WAC 51 -34 WASHINGTON FIRE CODE RCW 19.27 STATE BUILDING CODE ACT RCW 19.28 ELECTRICAL CODE AND ORDINANCES 16.40.030 Definitions A. "Addressable device" means a fire alarm system component with discreet identification that can have its status individually identified or that is used to individually control other functions. A Systems ms 6R4/ 0 41 Of 9 L >S B. "Alarm indicating device" is any listed bell, buzzer, visual or audible device that produces an alarm signal for fire. C. "Alarm initiating device" is any listed device which, when activated, initiates an alarm by manual or automatic operation of an electrical contact through an alarm indicating device. D. "Alarm signal" is any listed audible or visual signal, or both, indicating the existence of an emergency fire condition. E. "Analog initiating device" (sensor) is an initiating device that transmits a signal indicating varying degrees of condition, as contrasted with a conventional initiating device which can only indicate an on /off condition. F. "Annunciator" is any listed equipment that indicates the zone or area of the building from which an alarm has been initiated, the location of an alarm actuating device, or the operation condition of alarm circuits or the system. G. "Approved" refers to the approval of the Tukwila Fire Department. H. "Authority having jurisdiction" refers to the Tukwila Fire Department. T. "Automatic fire alarm system" is a combination of listed compatible devices, control panels, audible and visual devices and other equipment, together with the necessary electrical energy, designed and wired to produce an alarm in the event of fire y %t:" or special system activation. J. "Alarm /control panel" is comprised of the controls, relays, switches and associated circuits necessary to furnish power to a fire alarm system, receive signals from fire alarm devices and transmit them to indicating devices and accessory equipment. K. "Compatibility listed" means a specific listing process that applies only to two _'f wire devices (such as smoke detectors) designed to operate with certain control equipment. L. "Compatible" means equipment that interfaces mechanically or electrically together as manufactured, without field modification -f: M. "Fire alarm control panel" is a system component that receives input from ,a•4,' automatic and manual fire alarm devices and may supply power to detection devices and transponder(s) or off premises transmitter(s). The control unit may also provide transfer of power to the notification appliances and transfer of condition to relays or devices connected to the control unit. The fire alarm control unit can be a local fire alarm control unit or master control unit. N. "Listed" means equipment or materials indicated in a list published by an organization acceptable to the authority having jurisdiction and concerned with s.' product evaluation, that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner. 0. "Line -type detector" is a device in which detection is continuous along a path. Typical examples are rate -of -rise pneumatic tubing detectors, projected beam smoke detectors, and heat sensitive detectors. P. "Maintenance" refers to repair service, including periodic recurrent inspections and tests per manufacturer's specifications and NFPA 72, required to keep the protective signaling system (automatic fire alarm system) and its component parts in an Fire Alarm Systems 6/24/04 2 of 9 operative condition at all times, together with the replacement of the system or its components when for any reason they become undependable or inoperative. ;>:a Q. "Shall" indicates a mandatory requirement. R. "Should" indicates a recommendation or that which is advised but not required, r,ft't, S. "Spacing" means a horizontally measured dimension relating to the allowable coverage of fire detectors. T. "Transmitter" refers to any listed transmitter able to transmit and /or receive status changes automatically or manually from a Isted alarm panel to an approved central station via leased telephone lines, U. "UL central station" refers to a UL-listed central station approved to monitor automatic fire alarm systems with the City of Tukwila. V. "Zone" means each building or portion of building, as determined by the authority having jurisdiction. 16.40.040 Approval and Design Plans ;Z: A. At least three complete sets of blueprint drawings with information regarding the fire alarm system, including detailed specifications, wiring, diagrams, elevation "1 diagram (showing false ceiling areas), and floor plans, shall be submitted to the Tukwila Fire Prevention Bureau for approval prior to installation of any equipment or wiring. (One set of approved plans shall be located at the construction site) B, Drawings submitted for approval must include the following. 1. Floor layout showing all rooms and spaces, including a cross section of the space being protected, with accurate measurements drawn to a scale no smaller than 1/8 -inch scale. 2. Identification of each room or space, i.e. guest rooms, mechanical room, attic, etc. 3. Location of each system component using the appropriate symbol. 4. Explanatory notes and legend to lend clarity to the plan and identify the manufacturer and model number of each alarm component used 5. A wiring schematic clarifying type and size of wiring (must comply with NFPA 70), and a point -to -point wiring diagram. 6. Zoning, if applicable. 7. A copy of the technical specifications for each component used in the' makeup of the automatic fire alarm system. If the components are not all from the same manufacturer, UL cross listing compatibility cards are required. 8. The current used by each of the initiating and indication devices and Z current rating of the power supply. 9. Battery calculations for compatibility. 10. Building permit number. C. After the fire alarm plans have been approved by the Tukwila Fire Prevention Bureau, a job number will be issued to begin work. The plan review fees are as follows: Fire Alarm Systems 6/24/04 3 of 9 Commercial: For 1 -5 heads: Base fee $75.00. Commercial: For 6 or more heads: Base fee $150.00 $1.50 per device in excess of 10 devices. Single Family: $50.00 base fee $1.50 per device in excess of 10 devices. 16.40.050 General Requirements A. All companies installing automatic fire alarm systems shall have a State electrical contractor's license. B. All persons installing automatic fire alarm systems shall hold a State Iow voltage installer's certificate or journeyman electrician certificate per RCW 19.28.041. An apprentice certificate is acceptable for installers when supervised by a certified journeyman per RCW 19.28.4. C. A State electrical permit shall be posted at all automatic fire alarm system installations per RCW 1928. D. All equipment, devices, and wiring shall be listed by Underwriters Laboratories or Factory Mutual and shall be approved for The purpose which they are intended. No one shall perform any type of modification to any device that would void its UL /FM listing. E. If determined necessary by the authority having jurisdiction, control panels shall have sufficient auxiliary power outlets for automatic door closures, relay boards for elevator control, HVAC detectors, air pressurization, and all other auxiliary devices. They shall also have sufficient power for 4 -wire smoke detectors, remote LED indicating lights and duct detectors with relays. F. Remote alarm annunciation /indication is required at the main entrance if the control panel is not visible from the main entrance. G. When the control panel is located inside a room, the outside of the door shall have a sign in 1 -inch letters that reads "Fire Alarm" or "Fire Alarm Control." r.: H. A rechargeable battery backup is required on any automatic fire alarm system installation. There shalt be enough battery capacity at all times to run the alarm system s in standby for 24 hours and after that time, sound all alerting devices for at least five minutes. At the end of the battery life cycle, batteries shall be replaced. w> L Audible devices shall be placed in buildings and be so located that, with all intervening doors closed, the alarm device shall be heard at not less than 15 decibels above the ambient noise levels; sleeping areas shall be a minimum of 75 decibels. Visible alarms shall be placed throughout the building in all assembly areas; common use areas, including toilet rooms and bathing facilities; hallways and lobbies; and hotel. guest rooms. Individual offices, mechanical rooms, and small storage rooms are not N'. included, J. Whenever possible, the control panel shall be located in a heated main corridor or a heated main lobby. When the control panel is Iocated inside a room, the room shall be heated, and kept at an ambient temperature between 40° and 100°F. The outside of the door shall have a sign in 1 -inch letters, which reads "Fire Alarm" or "Fire Alarm Control." AT NO TIME SHALL THE CONTROL PANEL BE LOCATED IN AN EXTERIOR LOCATION. K. All alarm temill address and sha ll annuncia in dividual shallbe addresses addressable. at a UL Each cen stationce sha have its own Fire Alarm Systems 6/25/04 4 of 9 16.40.060 Alarm/Control Panel Requirements A. A light shall indicate that the system is receiving normal power. A failure of normal power shall cause the light to go out and an audible signal to sound. B. All batteries shall have an automatic rate charger to maintain standby batteries in a fully charged condition. C. A power transfer circuit shall be installed that will switch to standby power automatically and instantaneously if normal power fails. D. All alarm signals shall be automatically "locked in' at the alarm panel until their operated devices are returned to normal condition, and the alarm panel is manually reset. E. The fire alarm panel shall be reset only by authorized personnel of the Tukwila Fire Department. P. The reset code for the fire alarm panel or keypad shall be 1- 2- 3-4-5. The reset code shall not be changed without the approval of the Fire Marshal. The reset code should he permanently posted at the keypad. G. The supervised relay boards that control elevator recall, air pressurization and all other auxiliary functions shall stay "locked in even though the audible signaling circuits have been silenced, until the panel has been reset and returned to normal. H. For systems employing water flow detection devices, manual pull stations shall be distributed throughout the building. Audible and visible alarms shall be placed in all common -use areas. I. All trouble and supervisory indication for Post Indicating Valves, Wall Indicating Valves, and Outside Stem and Yoke Valves shall be on a zone isolated from waterflow indication, for trouble only J. All fire alarm panels /keypads shall have alarm silence capability. 16.40.070 Placement and Type of Detector A. All detectors shall be installed and spaced according to the manufacturer's instructions and NFPA 72. The Tukwila Fire Prevention Bureau may require additional detectors or decreased spacing. B. At least one of the following types of detectors shall be placed in all rooms, halls, storage areas, basements, attics, lofts, spaces above suspended ceilings, storage lockers, closets, electrical rooms, machine equipment rooms, shafts, crawl spaces and stairwells: smoke, rate -of -rise, fixed- temperature, photobeam, flame, rate- L' compensation, or line -type. Access shall be provided to the attics and crawl spaces for maintenance of the detectors. z:" C. All detectors placed above the ceiling shall have remote indicating Lights in the ceiling directly below the device or other means of indication as approved by the Fire Prevention Bureau. D. All rate -of -rise and fixed- temperature heat detectors shall have replacement links or be self restoring for testing purposes. E. Smoke detectors shall be the preferred detector type in all areas. When conditions are such that smoke detectors are not practical, other type(s) of detectors shall be installed as approved by the Tukwila Fire Prevention Bureau. Fire Alarm Systems 6/24/04 5 of 9 r 16.40. Acceptance Testing A. Upon completion of a system installation, a satisfactory test of the entire installation shall be made by the contractors representative in the presence of a member of the Tukwila Fire Prevention Bureau and shall comply with the procedures contained in NFPA 72 and the manufacturer's specifications. The use of a decibel meter will be employed to determine minimum sound levels during acceptance testing. Final approval is contingent upon a successful performance test. °t B. A condition of final acceptance of the fire alarm system shall be the receipt of a completed contractor's Material and Test Certificate Fire Alarm and Automatic Detection Systems, to the effect that the system has been installed in accordance with approved plans and tested in accordance with the manufacturers specifications and appropriate NFPA requirements. The completed installation certificate shall be returned to the Tukwila Fire Prevention Bureau, prior to the acceptance test. C. As- builts shall be provided prior to system acceptance and final approval if any modifications not shown on the original plans have been done to the system. 16.40.090 Maintenance X_ A satisfactory contract covering the maintenance, operation and efficiency of the system shall be provided by the property owner or his agent. The contract shall provide for inspections, tests and maintenance as specified in NFPA 72 and manufacturer's instructions. The property owner or his agent shall be responsible for the maintenance of the automatic fire alarm system with the following provisions: 1. The renter or lessee shall notify the property owner or his agent of the need of any suspected maintenance or malfunction of the system. 2. The property owner or his agent shall assume no liability in the event any unauthorized person, renter or lessee tampers with, attempts to repair or damages any part of the automatic fire alarm system so as to render it inoperative. Provided, however, the property owner and his agent shall be liable in the event either of them become aware of tampering or efforts to repair or damage the system, and they thereafter fail to restore the system within a reasonable period of time so that it functions in accord with the standards provided for in TMC Chapter 16.40. B. A copy of inspection, test, and maintenance records shall be forwarded to the Tukwila Fire Prevention Bureau. C. The automatic fire alarm system shall be maintained in operative condition at all times. D. Battery- powered detectors in existing buildings shall have new batteries installed in accordance with the manufacturer's specifications, and shall be tested at least annually by the building owner or the building owner's representative. Documentation of the testing and applicable repairs shall be sent to the fire department. E. Inspections, maintenance and testing of fire alarm systems shall be performed by personnel with qualifications acceptable to the Tukwila Fire Prevention Bureau. 16.40.100 Applicability A. Automatic fire alarm systems shall be installed in the following occupancies: 1. Hotels. 2. Motels. Fire Alarm Systems 6/24/04 6 of 9 3. Multi- family dwellings (with more than 4 units): See TMC 16.40.120.B, Special Requirements. 4. All other new commercial /industrial buildings under 10,000 square feet unless fully protected by an automatic sprinkler system. 5. When sold, existing commercial and industrial buildings that are not protected by an automatic sprinkler system. Exceptions: a Any structure 400 square feet or less in total usable floor area b. Single family residential structures. 6. When sold, existing hotel /motel occupancies which are not protected by ry an automatic sprinkler system shall install a fire alarm system throughout. The guest rooms shall comply with TMC 16.40.120A. 7. When sold, multi- family dwellings which are protected by an automatic sprinkler system shall install a fire alarm system complying with TMC 16,40.120.B. Exception: Multi- family dwellings of four units or less. 8 When sold, multi- family dwellings which are not protected by an automatic sprinkler system shall install smoke detectors in sleeping areas, in accordance with the International Building Code. Common areas and exit corridors shall be protected by detectors and manual pull stations monitored by a UL central station. Audibility shall meet the requirements of NFPA 72. Exception: Multi- family dwellings of four units or less. 9. Any building or portion of a building which, due to the nature of its ai <:f occupancy, is required by the International Fire Code or other nationally- recognized standard to have an automatic fire alarm system. 10. Any building or portion of a building which, due to the nature of its occupancy, is determined by the Chief to be a special hazard or have a high life safety need. 11. A manual fire alarm system shall be installed in all new sprinklered buildings. Visual and audible devices shall be installed per TMC 16.40.050.I. 1 B. For items 5, 6, 7 and 8 of TMC 16,40.100, the installation of an automatic fire alarm system shall be completed within 120 days from the date of notification by the Tukwila Fire Department. 16.40110 Monitoring The following fire alarm systems are required to be monitored by a City of Tukwila- approved UL central station. 1. All new automatic and manual systems as required by TMC 16.40.100, or required by any other code or standard. 2. All existing fire alarm systems. 3. All fire alarm systems installed by the occupant /owner that are optional in commercial, industrial and multi- family occupancies. Fire Alarm Systems 6/24/04 7 Of 9 4. Smoke detectors that are installed in lieu of a one -hour corridor requirement. 5. HVAC units that are required to have duct detectors and that serve more than one occupancy or serve an area open to the public. 6. City of Tukwila- approved UL central stations that fail to maintain their UL listing shall be prohibited from monitoring fire alarm systems within the City of Tukwila. 16.40.120 Special Requirements A. The guest room detectors of hotel /motel occupancies shall annunciate at a panel located at or near the front desk. These detectors will not transmit an alarm to the r_' UL central station. The alarm panel, located at or near the front desk, shall be monitored 24 hours a day by the hotel /motel staff. B. Multi- family dwellings and lodging houses fully protected by an automatic sprinkler system shall have detectors installed in accordance with the International f Building Code. Common areas and exit corridors shall be protected by detectors and manual pull stations, monitored by a UL central station. C. When monitoring of an existing system is lost for any reason, a fire watch must be posted during non business hours. The fire watch person shall call the recorded fire prevention phone line at two -hour intervals confirming the all -clear status of the building. D. Duct detectors shall send a supervisory signal only and shall not cause an alarm. 1.: E. Lock boxes shall be provided for an access to alarm panels and sprinter risers. F. An exterior horn or bell /strobe shall be installed outside all buildings /tenant spaces that have a fire alarm system. 16.40.130 Re- inspection Fees An $80.00 re- inspection fee shall be assessed when an inspector is requested to make an inspection or witness a test on a fire alarm system and, upon arrival, finds the -w5-, work is not ready for inspection or the test fails. The re- inspection fee shall be paid prior to a follow-up inspection and the receipt shall be at the job site 16.40.140 Exceptions Any exception to the items covered by TMC Chapter 16.40 shall be made by the Chief of the Fire Department, or by the Fire Marshal. Request for exception must be made in writing; exceptions granted or denied shall be in writing. 16.40.150 Penalties Any person violating the provisions of TMC Chapter 16.40 shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not more than 4 $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. <.;fr Section 2. Repealer. Ordinance No. 1900 is hereby repealed. 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 Fitt be invalid or unconstitutional for any reason by a court of competent jurisdiction, such Fire Alarm Systems 6/24104 8 of 9 invalidity unconstitutionality shall not affect the validity e constitutionality athe remaining portions 4 this ordinance ovits application many other person or situation. Section 4. 2ecti Date. so inanmorae_ary thereof, .hall be published in the official newspaper of the City, and shall take effe a and be in full force a July 1, 2004, after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a. Regular Meeting eof this day of ,At ATTEST/AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Can &cMQe%Cle± Filed with the City Clerk: APPROVED AS TO FORM BY: Passed the City Council: Published: Effectiven« z Office of the City Att _ey Ordinance Number: mrSystems 04 939 UZti AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, .r WASHINGTON, AMENDING TMC CHAPTER 14.24, WHICH ESTABLISHES SPECIFICATIONS AND STANDARDS FOR FIRE HYDRANTS INSTALLED WITHIN THE CORPORATE LIMITS OF THE ;r> CITY OF TUKWILA; REPEALING ORDINANCE Na 1692; PROVIDING FOR SEVERABILiTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council is concerned with providing adequate fire flow within the City; and WHEREAS, the City Council wishes that its fire hydrant regulations reflect the most current codes and requirements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Chapter 1424, "Fire Hydrants," is hereby amended to read as follows: 14.24.010 Applicability of Provisions All fire hydrants installed within the corporate limits of the City of Tukwila shall meet or exceed the specifications and standards set out in TMC Chapter 1424. 14.24.020 Type Hydrants shall conform to American Water Works Association Specifications C502- 54; shall be compression type and shall have a two-piece breaking flange with breaking thimble at the ound Line or stem; and shall have a self-oiling g dry bonnet with factory- filled reservoir holding approximately 8 ounces of oil. Oil reservoir shall have not less than two "O" ring seals. Oil reservoir shall be so designed as to give a complete lubrication of stems each time the hydrant is operated. The upper stem shall have a brass sleeve. 1. Hydrants shall be equipped with two 2 -1/2" NST hose ports and one 5" Stortz pumper discharge port, and shall have a 1 -1/4" Pentagon open -lift operating nut. 2. Hydrants shall have a 6" MJ bottom connection and a 5 -1/4" main valve opening, and shall have 18" above -grade level to the center of the pumper discharge port. 3. Hydrant color is to be "Rustoleum" #659 Yellow Gloss or Farwest #X -3472 Case Yellow. The bonnets and ports of City hydrants shall be painted: 1 Red for up to 500 gpm I Rustoleum #1210, Farwest #X -6270, or equivalent I Orange for 500 to 1,000 gpm I Rustoleum #559, Farwest #261, or equivalent Green for more than 1,000 gpm Rustoleum #935, Farwest #255, or equivalent 4. Private hydrants shall be all yellow. 5. Any exception to stated paint standards must be authorized by the Director of Public Works. Fire Hydrant 6/24/04 1 of 3 6. Hydrants are to be compression type, equal to Mueller #A-423 or Mueller #A -419. 1124.030 Installation A. Hydrants shall not be closer than 4 feet to any fixed object (a g., fences, parking, building, etc.), with the exception of hydrant guard posts. The 4 -foot circumference will be a level surface. Guard posts shall be installed around hydrants not protected by curbs, so as to help prevent motor vehicles from contacting the hydrant. The guard posts shall be either steel pipe (minimum 4" diameter) filled with concrete, or concrete (minimum 8" diameter) Posts shall be 3 feet from the center of the hydrant, and shall not be in direct line with any discharge ports. Posts shall be 6 feet long; 3 to 3 -1/2 feet shall be buried. Painted finish shall be the same color as for the applicable hydrants. B. All hydrants shall be installed with an auxiliary gate valve between the hydrant main valve and the water main. The gate valve shall be UL approved and have a 2" square operating nut. The valve shall be installed at the hydrant lateral tee. If the hydrant is greater than 10 feet from the main, an additional valve may be required, but not closer than 3 feet from the hydrant. The protector cover for the valve shall be left in plain view, flush with grade after landscaping or paving. C. Hydrants, auxiliary gate valves, and supply lines shall be installed to meet sound engineering standards per NFPA #24, Chapters 5, 6, and 7. 14.21040 Coverage A. Except as otherwise provided herein for single family short plat and individual single family homes, all commercial, single family subdivision and multi family development, including approved conditional uses, shall have hydrants spaced so that a hydrant is no more than 150 feet by line of vehicular travel from a building and that no point around the perimeter of any building is more than 300 feet from a hydrant. Hydrants on water mains within the City shall be spaced no more than 300 feet apart. B. For short plat development (four single- family homes or less) and individual single family homes that do not otherwise meet the 150 -foot requirement of TMC 14.21040A, hydrants shall be placed so that a hydrant is no more than 250 feet by line of vehicular travel to the nearest point of the building, provided that 1. The property owner shall sign an agreement, on a form prepared by the Director of Public Works, which form shall include an agreement not to protest the formation of any LID or ULID, to participate in future water system improvements to correct deficiencies that have been identified in the applicable Water Comprehensive Plan and /or an engineering analysis of the development. Examples of deficiencies include, but are not limited to, failure to meet Tukwila pipe size standards, minimum flow rate (gpm) and residual pressure (psi) from DOH, fire code or insurance underwriters (whichever is more stringent), and flow velocity as determined by the applicable comprehensive plan (Water District No 75, Water District No 125, Renton, etc) and engineering analysis; and 2. The hydrant flows a minimum of 1,000 gallons per minute with 20 psi residual pressure. C. When geographical or construction features prevent the placing of water mains and /or hydrants, the Fire Prevention Bureau may authorize in writing the use of approved "wall hydrants" or similar devices. 14.24.050 Accessibility A. Hydrants and guard posts shall be in plain view for a distance of 50 feet in the line of vehicular approach, free from shrubs, trees, fences, landscaping and similar obstruction. B. The 5" Stortz pumper discharge port shall face the street or, in the case of private hydrants, the direction shall be determined by the Fire Department. Fire Hydrant 04/04 2 of 3 C. Hydrant supply lines shall be of such size and design as to provide the fire flow required by Appendix B of the International Fire Code, Fire Flow Requirements for Buildings, and the City's comprehensive water design standards. D. Tapping into City water mains shall be by the process known as "wet tapping' so as to allow un- interrupted service on those mains. 14.24.060 Exceptions Any exceptions to items covered in TMC Chapter 14.24 shall be made in writing by the Chief of the Fire Department and the officer in charge of the Fire Prevention Bureau of the Tukwila Fire Department, and must conform to the City's Public Works' standards and /or the City's Comprehensive Water Plan. Any written exception shall set forth the basis for the exception and its relationship to public health, safety or avoidance of undue hardship. Section 2. Repealer. Ordinance Na 1692 is hereby repealed. 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 `Z< 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 on July 1, 2004, after passage and publication as provided by law. PASSED BY THE QTY COUNCIL OF THE QTY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2 004 ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council: Published: Effective Date: %ir Office of the City Attorney Ordinance Number: Fire Hydrant 6/24104 3 of 3 uu AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE CHAPTER 16.48 REGARDING CERTAIN FIRE PROTECTION STANDARDS FOR THE CONSTRUCTION OF HIGH-RISE BUILDINGS WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE Na 1167; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is concerned about the health, welfare and safety of persons working or residing in high -rise buildings; and WHEREAS, the City wishes to provide appropriate standards for construction of high -rise buildings; i i; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code Chapter 16.48 is hereby amended to read as follows: 16.48.010 Story Defined As used herein, the terms "Story" and "Building Height' shall be as defined in the Washington State Building Code. 16.48.020 Scope and Construction of Chapter TMC Chapter 16.48 shall apply only to buildings in excess of four stories or 40 feet. In all other respects, the provisions of the international Building Code, as found in TMC Chapter 16.04, and the International Fire Code, as found in TMC Chapter 16.16, shall be generally applicable to TMC Chapter 16.48 including, but not limited to, provisions for the issuance of permits and collection of fees therefor, and provisions for penalties for violations and establishing administrative appeal procedures. B. If, in any specific case, TMC Chapter 16.48 specifies materials, methods of. construction or other requirements which are different from those specified in any other part of the Tukwila Building Code (TMC Chapter 16.04), the more restrictive requirement shall govern. 16.48.030 Sprinkler Systems Every building shall be fully sprinklered in accordance with the standards set down in NFPA (National Fire Protection Association) #13. 16.48.040 Fire Hose Racks Buildings over four stories shall have in the stair tower, adjacent to the standpipe, beginning on the third floor and alternating every other floor, in hose cabinets, 150 feet High Rise 6/24/04 1 Of 3 of 1 -3/4" double jacket hose with 1 -1/2" NST hose couplings. The hose lengths shall be connected and bundled together. The cabinet shall be labeled "FIRE DEPARTMENT USE ONLY 16.48.050 Standpipes With regard to TMC 16.48.040, separate dry standpipes shall not be required if the standpipes and the sprinkler risers are the same pipes, that is, "wet" standpipes, as defined in Section 905 of the International Building Code. 16.48.060 Parking Structures All parking structures shall be equipped with a Fire Sprinkler System. 16.48.070 Standby Fire Pumps Two standby fire pumps shall be provided and shall have automatic controls to utilize the emergency water supply. One pump shall be diesel powered. The other shall be electric and shall be capable of being powered from the building emergency power generator. 16.48.080 Emergency Power Generator An emergency power generator shall be provided and shall provide power for the following. 1. Emergency elevator; 2. Minimum lighting, including all exit stairs, exit lights and exit corridors; 3. Stair tower pressurization; 4. Emergency communications system, including phone jacks; 5. Fire alarm system; 6. Electric fire pump; 7. Smoke removal equipment (if otherwise required); 8. Emergency evacuation notification system; 9. Fire Department control room. 16.48.090 Windows if the building is not provided with openable windows on each floor, 10% of the windows on each floor shall be tempered glass with a 1 -3/4" diameter red circle on the upper left -hand comer of each window. 16.48.100 Smoke/Heat Detector System Every building will have a full fire alarm system, in accordance with the standards r< set down by NFPA 72. The building shall be provided with an approved smoke /heat detector system combined with manual pull- stations. Smoke detectors shall be installed in the elevator lobby of each floor and outside of the emergency stair tower doors on `t each floor. Fixed temperature heat detectors shall be installed in all mechanical equipment rooms. Both this detector system and the sprinler system shall be monitored by an approved central station alarm agency, providing 24 -hour supervision. 16.48.110 Emergency Communications System An emergency ,..,.,......mications system shall be provided with jacks on each floor of each emergency stair tower and beside the emergency elevator. A minimum of six handsets shall be stored in a room, the location of which shall be designated by the Fire Marshal of the Fire Department (Section 907.212.3 of the IBC). r High Rise 6/24/04 2 Of 3 16.48.120 Emergency Communications System Room The room referred to in TMC 16.48.110 shall be of fire- resistive construction (according to the standards set out in Section 911 of the International Building Code), shall ordinarily remain locked (the lock shall automatically release upon activation of either the fire detection or sprinkler system), and shall contain the following: 1. Emergency communication system controls; 2. Fire alarm and sprinkler flow annunciator panels; 3. Controls to manually start and shut down the fire pumps; 4. An outside line telephone; 5. Smoke evacuation controls; 6. Elevator status panel. 16.48.130 Emergency Evacuation Notification System The building must contain an emergency evacuation notification system that has been approved by the Fire Marshal of the Fire Department for use in that building. 16.48:1.40 Smoke Evacuation System The building must contain a smoke evacuation system that has been approved by the Fire Marshal of the Fire Department for use in that building, taking into consideration the design of the heating, ventilation and air conditioning (HVAC) systems of the building (Section 909 of the IBC). Section 2. Repealer. Ordinance No. 1167 is hereby repealed. 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 on July 1, 2004, 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 o f 2004. ATTEST AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: gay HighRise 6/24/04 3 Of 3 Finance and Safety Committee une 7, 2oo Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Nick Olivas, Keith Haines, Rhonda Beny, Chris Flores, Don Tomaso, Lucy Lauterbach 1. Fire C6de Ordinances Fire Department officers ta?,.ed about six different ordinances they have ready. They wall all go for a pubhc heanng June 1~,. 2004.. -. a. Adoption of International Fire Code, Nick talked about the new code, which has few new provisions in it. What the City will not adopt is an appendix that requires two access roads out in each direction for subdivisions. App. endices are optional, so this will not be adopted. Barbecues will not be allowed on decks, or withln 10 feet of a b~uilding, which caused some · discussion. The committee members suggested some clarifications to the ordinance, such as identifying one part of an ordinance listing fire apparatus~ac~ess roads as a parking sign issue. 3 Recommend ordinance to COW and Regular Meetings. s ri~ebr. Fire Protection Systems Ordinance This ordinance di~ails the installation fire s in buildings and fire extinguishers in hallways. There are few major changes from the current ordinance. Recommend ordinance to COW and Regular Meetings. ~ e. Fire Alarm Systems Ordinance One change in the new ordinance that fire alarms w~-I need to have a reset button permanently located at the keypad. Updates are also included. Recommend ordinance to COW and Regular Meetings. t~eycd. Fire HYdrant Ordinance Hydrants are all colored according to how much water an carry; Red hydrants are for 500 gallons per minutes (gpm), orange from 500-1,000 gpm, and green hydrants have more than 1,000 gpm available. Dave asked about a hydrant on private property, as requirements seemed to have changed this year. Recommend ordinance to COW and, R. egular Me.etings._ ee. High Rise Buildings Ordinance This ordinance applies to buildings four stories or r. One new requirement is that parking garages must be sprinldered..Recommend ordinance to COW and Reeular Meetings. f. Fire Reinspection Fees Fees are going up from the current $40 to $60 for the second reinspecfion when improvements have not been made. Third and fourth inspection prices are also rising. Dennis asked if the increased fees were enough to encourage owners to make the improvements on time. Staff thought they would help. Recommend ordinance to COW and Regular Meetings. 2. Fireworks Ordinance Don Tomaso has pushed the insurance person whose permission is needed for a permit, and thc information is ready earlier this year than in previous years. Fire insurance costs have risen because of some fire incidents on the East Coast last year. There is a COUNCIL AGENDA SYNOPSIS %LA. fit s y,, Initials ITEM NO. O 1 1 Me eting Date Prepared by 1 Mayor '4 review I Council review a %i �1 ,E1 5/27/03 1 ARD I }"K�" :0 6/28/04 ha° 1 /—f' fit e 1908 1 1 1 1 ri �y. CAS Number: 03-070 Original Agenda Date: 5/27/03 Agenda Item Title: Authorize City to be fiscal agent for Valley Narcotics Enforcement Team July i, 2004 June 30, 2005 Original Sponsor: Council Admin. X I Timeline: Approve at June 28, 2004 Regular meeting. Sponsor's Summary: The City's authorization will end on June 30, 2004. We will need to, by motion, authorize the City to continue for an additional year. The Adopted Budget for 2004 assumes a continuation. Recommendations: Sponsor: Approve as submitted Committee: N/A Administration: Same as sponsor Cost Impact (if known): N/A Fund Source (if known): N/A ➢F J- ��„Ji„,C�3i,I C ti „J± 'A Meeting Date I Action 5/27/03 Meeting Date 1 Attachments 6/28/04 Staff report dated June 23, 2004 Police Depattt ent Kei , E. o eroreo icc An Accredited Agency MEMORANDUM TO: Tukwila CitY Council via Mayor Mullet's Office FROM: Keith Haines, Chief of Police DATE: June 22, 2004 SUBJECT: Fiscal Agent for V-NET This year I am continuing to Chair the Executive Board for the Valley Narcotics Enforcement Team (V- NET). This Partnership to fight mid to upper level drug dealing in our region now includes Tukwila, Auburn, Renton, Kent, and the King County Sheriff's Office. This year up until June 30, our Finance Department has been acting as the official fiscal agent for V-NET. This is the second year we have had that responsibility and I am requesting that we continue in that role for one more year t~om July 1, 2004 until June 30, 2005. I have discussed this extension with our Finance Director who supports this extension. cc: Alan Doerschel, Finance Director H: VNET Memorandum 6200 Southcenter Blvd. · Tukwila, WA 98188 · Phone: - (206) 433-1808 · Admin. Fax: - (206) 244-6181; Invest. Fax: - (206) 431-3688 COUNCiLAGENDASYNOPSiS I ~ 0 Meeting Date Prepared by Mayor's review Council review i-'l 6/14/2004 SL ~ ,?/~ ~. 6/28/04 SL , (,.~, ITEM INFORMATION CAS Number: 04-092 I Original Agenda Date 6/28/04 Agenda Item Title: Modifying the length restriction on cargo containers that are used as accessory strUctures in certain zoning districts and clarifying appeal rights in regards to cargo container permit applications. Original Sponsor: Council Admin.xxx Timeline: Sponsor's Summary: Revisions to 18.50.060 (C) (1), changing the length restriction of cargo containers being used as accesso~ structures in the LDR, MDR, HDR, RC, RCM, TUC, and C/LI from 30 feet to 40 feet. Clarifying the appeal rights for submitted applications. Recommendations: Sponsor: Committee: Administration: Change the length restriction listed in 18.50.060 (C) (1) from a maximum of 30-feet to a maximum of 40-feet. Allow the Hearing Examiner to hear any appeals from decisions made by the Director on placement of cargo containers. Cost Impact (if known): NA Fund Source (if known): NA RECORD OF COUNCIL ACTION -Meeting Da~e ~ Action ~ . 04/15/2002 Council adopted Ordinance Number 1989, regulating the use of cargo containers within the City limits. The Ordinance eStablished a one-year grace period allowing existingcontainers to be grandfathered if they met certain location and screening requirements. APPENDICES Meeting Date Attachments 03/23/2004 Minutes from Community and Parks Committee 3/23/2004 Memo from S. Lancaster to CAP City of Tukwila Department of Community Development Steve Lancaster, Director TO: Committee of the Whole FROM: Steve Lancaster, Director ,~ RE: Cargo Containers DATE: June 15, 2004 On March 23, 2004, I gave the Community Affairs and Parks Committee (CAP) an update on cargo container regulations that Were adopted in April of 2002 (Ordinance Number 1989). The regulations allowed existing cargo containers in zones where they would not be permitted, to be grandfathered if an application was submitted by April 15, 2003. Additionally, cargo containers in excess of the 30-foot length limit would be allowed to be grandfathered if they could meet all other development standards. As I noted at the CAP meeting, most property owners who had existing cargo containers submitted complied with the new regulations by either submitting a permit application or removing the cargo container (See attached table). In enforcing the new regulations, staff has discovered that there are still non-conforming cargo containers that are over the 30-foot length restriction. Many of these cargo containers do meet the location and screening requirements, but staff is unable to approve any applications to allow them to remain since the cargo containers are in violation of TMC 18.50.060 (C) (1). After reviewing the comments made at the CAP meeting, staffhas come up with the following options regarding length issue: Optibn A ~ Increase the maximum length of cargo containers to 40 feet. The 40-foot length limitation was the original length that staff and the Planning Commission recommended when Council considered the original cargo container regulations in 2002. Option B Remove the length restriction from the regulation. Cargo containers would still have to meet all screening requirements that are laid out in the TMC. Option c Leave the regulations unchanged, this would require removal of containers that do not meet the 30 foot length requirement. 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 Another issue that should be addressed is the appeal provision for individuals whose applications to locate a cargo container on their site are denied. Ordinance 1989 does not list which body will hear any appeals related to staff's decision on the permit application. NEXT STEP Staff would ask that COW refer this matter to the Planning Commission for their consideration and to conduct a public hearing. Or final Invento Tenant Name Address zoning H & S Properties 13925 Interurban Ave RCM /LD Robb William Eric 6542 Southcenter Blvd LDR Penske Truck 12840 48 Ave S C /LI Hayek's Leather Furniture 1015 Andover Park W TUC Occupant 4650 S 134 PI C /LI Occupant 14517 Macadam Rd S LDR Occupant 4600 S 134 St C /LI McManus Susan L ' 4430 S 156 St LDR O'Brien Cleora 2929 S 135th St LDR Cardinal Aerospace 4585 S 134 PI C /LI Napa Auto Parts 14013 Tukwila Int. Blvd NCC Barnes John and Jean 15828 51 Ave S RCM General Builders Supply 44395 134th PI C /LI Occupant 1331956 Ave S LDR Tukwila Tosco (76) 13310 Interurban Ave S C /LI Chanes Joseph and Sharron 14730 56 Ave S LDR Patterson Craig A 3910 S 113 St LDR Tukwila Baptist Church 14742 Macadam Rd S LDR Hope Thorpas 15603 42 Ave S HDR Conquest Center 4617 S 144 St LDR Occupant 4059 S 158 St LDR Doak Darryl 4058 S 148 St LDR Bergseth Jr. Charles and Diana 13409 40 Ave S LDR Kaycan Building Products 17680 West Valley Hwy. C /LI Ryder Rental Truck 17850 West Valley Hwy C /LI Occupant 16801 S 180 St TUC Tukwila School Dist 4640 S 144 St LDR Greenhalgh Adam 2901 S 128 St 0 Car~to Container Permits Issued Tenant Address Status Zone Penske Truck 12840 48 Ave S issued C/LI O'Brien Cleora 2929 S 135th St issued LDR General Builders Supply 4439 S 134th Pi issueo C/LI Hayek's Leather Furniture 1015 Andover Park W issued TUC Tukwila Baptist Churcl" 14742 Macadam Rd S issued LDR Conquest Center 4617 $144 St issued LDR Ryder Rental Truck 17850 West Valley Hwy issued C/LI Cargo Container Permit Issued, after April 15, 2003, and after revieving 2nd violation letter Occupant 4600 S t34th Place issued C/LI Cargo Containers Issued for new sites. Tukwila Food Pantry S. 128th Street Issued LDR GT Development Corporation Interurban Ave Issued C/Li Permits applied for but not issued Appied After 15-Apr-03 Status · H&S Properties 13925 Interurban Ave. Denied RCM aoes not meet screening requirements NAPA Auto Parts 14013 TIB Denied NCC not allowed in zone, reached agreement on removal of container Tukwila School District 4640 S t 44 St Pending LDR does not meet length s~andards Adam Greenhaigh. 2904 S 128th Street Denied O not allowed in zone, H~aring Examiner affirmed the City's Decision Note: The indivduals who applied after Apd115, 2003 did so omy after receiving the 2nd notice. Car,qo Containers that Have Been Removed After 1st Notice Tenant Address Zone Robb William Eric 6542 Southcenter Bird LDR McManus Susan L 4430 S 158 St LDR Barnes John and Jean 15828 51 Ave S RCM Patterson Craig A 3910 S 113 St LDR Occupant 6801 S 180 St TUC Doak, Daryi 4058 S 148 St LDR Occupant 4059 S. '~58th St. LDR Be~gseth 13409 40 Ave S LDR Chanes 14790 58 Ave S LDR No Response From Two Notices Tenant Name Address minor zoning Occupant 14517 Macadam Rd S 31 LDR Occupant 4600 S 134 St 35 C/LI Occupant 13319 56 Ave S 110 LDR Tukwila Tosco (76) 13310 Interurban Ave S 113 C/LI has talked with City, 40 foot container on site Hope Thomas 15603 42 Ave S 290 HDR Kaycan Building Products 17680 West Valley Hwy 9017 C/LI New Sites City of Tukwila Minkler Shop TUC Occupant 551-581 Strander Blvd TUC .................. Department of Community Development steve Lancaster, Director MEMO TO: CAP Committee Members FROM: Steve Lancaster, Director RE: Update on Cargo Containers DATE: March 15, 2004 On April 15, 2002, the City Council passed Ordinance Number 1989 regulating cargo containers being used as accessory buildings within the City of Tukwila. The Ordinance allowed cargo containers to be used outright within the Light Industrial (LI), Heavy Industrial (HI), Manufacturing Industrial Center/Light (MIC/L), Manufacturing Industrial Center/Heavy (MIC/H), and Tukwila Valley South (TVS) zoning districts. New cargo containers may be allowed as accessory to institutional uses (schools, churches, food banks, etc) in the following residential zones, Low Density Residential (LDR), Medium Density Residential (MDR), and High Density Residential (HDR). Cargo Containers may be permitted in the Regional Commercial (RC), Regional Commercial Mixed Use (RCM), Tukwila Urban Center (TUC), and Commercial/Light Industrial (C/LI) as accessories for any permitted or conditional use. All new containers in these zones are subject to a Type II special permission decision and the restrictions in the various zoning districts. The criteria for approval of the special permission are listed below: 1. Only two cargo containers will be allowed per lot, maximum length 30 feet. 2. The container is located to minimize the visual impacts to adjacent properties, parks, trails, and rights-of-way as determined by the Director. 3. The cargo container is sufficiently screened from adjacent properties, parks, trails, and rights-of-way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or even the placement of cargo containers behind, between or, within buildings. 4. If located adjacent to a building a cargo container must be painted to match the building's color. 5. Cargo Containers may not occupy any required off-street parking spaces. 6. Cargo Containers shall meet all setback requirements for the zone. 6300 Southcenter Boulevard, Suite #100 * Tukwila, Washington 98188 * Phone: 206-431-3670 · Fax: 206-431-3665 7. Outdoor cargo containers may not be refrigerated. 8. Outdoor cargo containers may not be stacked. Cargo containers are not permitted in the following zones, Office (O), Mixed Use Office (MUO), Residential Commercial Center (RCC), and Neighborhood Commercial Center (NCC). Owners of existing cargo container in non-industrial zones were allowed one year to "grandfather" their containers. They had to apply for a special permission permit with the City by April 15, 2003 or the containers had to be removed. Prior to adoption of the Ordinance 1989, staff attempted to locate existing cargo containers that would be affected by the ordinance. Staffutilized aerial photos, citizen complaints, and staff observations and found 28 sites within the City where cargo containers were located that now need to be permitted under the new ordinance. Twelve of these sites were located within LDR zones. In conducting this survey, staffmade an effort to have a complete record of all existing containers in the City, yet staff was limited to conducting the survey from the right of way. There may be some containers in the City that were missed or have been added illegally after staff conducted the initial survey. As required by State Law a brief summary of the ordinance was published in the Seattle Times. On two separate occasions staffutilized the Hazelnut to inform residents and businesses of the new regulations. In July of 2002, staff sent out notices to the occupants and property owners of the 28 sites. The notices included a brief overview of the new regulations, copy of the ordinance, and an application form. By the April 15, 2003 deadline, eight permits were issued to existing sites and six cargo containers were removed. Additionally, three cargo containers were approved at new sites. In December of 2003, staff sent "second notices" to the tenants and property owners of the remaining sites who did not respond to the first notice. In this notice the City informed the tenants and property owners that the cargo container must be removed. After the second notice the City received four more applications for cargo containers. Two of the applications were within zones that no longer permit cargo containers. Additionally, another property owner submitted application for a pre-existing cargo container that is 40 feet in length, ten feet greater than what is now permitted. Since they submitted after the April 15, 2003, deadline the containers cannot be grandfathered. As noted, two applications were submitted after the April 15, 2003 in zoning districts where cargo containers are no longer permitted. Staff reached an agreement with one of the businesses to have the cargo container removed. Staff denied the other pending application and the applicant has since filed an appeal. After sending out the second notice staff conducted a new inventory of the remaining sites, and it appears that three more of the sites removed the cargo containers voluntarily. There are now five sites on the inventory where non-permitted cargo containers exist and staff has had no contact with the tenant or property owner. Chronology of Illegal Sites in City ~e 20 E 15 [* Series1 Prior to After After 4/15/024/15/032/15/04 Date Community and Parks Uommittee March 23, 2004 Present: Pam Linder, Chair; Joe Duffle, Pam Carter Steve Lancaster, Brandon Miles, Bruce Fletcher, Rhonda Berry, Pat Brodi, n., Lucy Lauterbach; Todd Heistuman, Eric Reinhardt-developers 1. $7th Mini Park Proposal The Committee had asked for more information at their last meeting, and Pat Brodin supplied some facts. The current small park in Foster Point was a street right of way that enabled Public Works staff to repair a drainage problem with installing a 24:' outfall at the fiver there. This drain is now even more important, as it will handle all the storm water collected with the improvements going into Foster Point. Construction on the Foster Point improvements is likely to start in August. As the new sewer pipes will be in the streets, the project will be a little difficult for residents there while work goes on. Pat said there were no bank stability problems at this site. Steve Lancaster said Todd and Eric had a pre-application meeting in August 2002, and the preliminary plan they showed then looked as if would work very well. Steve said it is unusual that a short plat can be so easily fit onto land, as this piece is both flat and fronts on two streets. The development plans an alley for easy access to the backs of some homes. Todd said he normally develops high-end homes, but wanted to showcase techniques that could make lower cost homes attractive. The problem with their selling this land to the City as a mini park is that the City has no funds. Bruce said next week is the application deadline for Conservation Futures grants. These are 50% grants, and we would need to be creative to fund our share. It is possible a land donation could be that match, but details are needed to figure things out. The Committee gave permission to apply for the grant, with the stipulation that if no match is found, we will withdraw the application. The cost of the land is somewhere around $160,000. Informatiom permission given to apply for grant. 2. Facilities Interlocal Agreement As the last interlocal agreement regarding facilities was done in 1996, it is due to be updated, and a committee was formed to work on various issues relating to facilities. The resulting draft interlocal addresses general school and city facilities. Pam C noted the agreement covers recreational facilities like gyms, but not meeting rooms like ........... _the Foster Commons, .which the City occasionally uses for meetings. The Committee agre~lyand asked Bruce to see if other rooms could also be covered. Pam C asked about maintenance of the Showalter Field, as both the school and the City have said the other maintains it. Bruce said we mow and water it, but they line it, so maintenance is shared. Drainage there is not good, he said, and has caused some problems. There will be separate interlocals for use of the new stadium, the pool, and the performing arts center. Bruce will attend the school board meeting this same evening to ensure they also approve of the interlocal. Recommend interlocal to COW and Regular Meeting. Update on Cargo Containers Steve and Brandon talked about the'cargo containers and their rmissibility in the City. When the City passed an ordinance in 2002 regulating where the container could be used, an aerial picture was made and reports and visual inspections were done to try to find out where all the current cargo containers were. Those that did not meet the criteria were allowed a year to apply for a "grandfather" clause that would allow them. Steve said there were originally 28 containers. The screening size was set at 30'. Of the 28, 10 were given COUNCIL .,4 GENDASYNOPSIS ~ ~ JuneMeetingDate28, 2004 Preparedb~sl~.~M~review ITEM INFORMATION CASNumber: 04-093 [ Original Agenda Date 6/28/04 Agenda Item Title: Supplemental contract with Freedman Tung & Bottomley (FTB) for services related to the Tukwila Urban Center plan. Original Sponsor: Council Admin.xx Timeline: Contract approval by July 6, 2004 Sponsor's Summary: This supplement updates FTB's contract, compensating FTB for additional land use and urban design services not included in the original contract, and allows for additional work sessions to review the draft plan. Recommendations: Sponsor: Authorize Mayor to execute approval for the supplemental contract for services at the Council's regular meeting on July 6, 2004. Committee: CAP recommended approval of the supplemental contract on February 25, 2003, and forwarded to COW. Administration: Cost Impact (if known): FTB fees are $69,581. Fund Source (if known): Tukwila Urban Center federal grant funds. RECORD OF COUNCIL ACTION Meeting Date Action 6.15. 04 Forward to the Committee of the Whole APPENDICES Meeting Date Attachments 6.28. 04 Memo to Council RE: FTB c(~ntract supplement for services related to the TUC plan. Copy of Memo to CAP RE: FTB contract supplement for services related to the TUC plan. Minutes of CAP meeting, June 15, 2004. ................ Depai~iment of Community Development Steve Lancaster, Director ~ MEMORANDUM TO: Mayor Mullet Committee &the Whole FROM: Steve Lancaster, DCD Director ~ RE: Proposed Supplemental Contract with Freedman Tung & Bottomley (FTB) for services related to the Tukwila Urban Center (TUC) DATE: June 23, 2004 Background As part of our staff/consultant TUC planning team, Freedman, Tung & Bottomley (FTB) has provided technical assistance with land use and urban design issues related to the planning of the Tukwila Urban Center (TUC) and the transit-oriented development (TOD) area. Their original contract amount for $352,338.14 was approved in February, 2003. This work has been fully funded through a federal grant. As the project evolved over the past fall and winter (2003/04), additional land use and design analysis was needed which was not planned for in the current scope of services. At that time, the project manager was on an unplanned medical leave, and the work needed to be accomplished in a timely manner. The proposed supplement brings FTB's contract up to date, compensating FTB for services already provided, and allowing for additional worksessions with the Council and Planning Commission to revie~'th~,'d~tt-p~[hn. Services included in the sup~51emerital contract "- total $69,581. In addition, FTB's contract expired May 31, 2004, and a time extension is required to complete the project. Proposed Contract Supplement Timeline extension FTB's contract expired May 31, 2004. The proposed new completion date is June 30, 2005. Compensation for services already provided Page I 6300 Southcenter Boulevard, Suite #100 * Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-366~ 1. Meetings FTB attended meetings not planned for or substantially longer in duration than originally anticipated in the current contract. 2. Expanded Site Development Plans The original scope of work specifically limited the area requiring detailed master plan products, including conceptualizing, development scenarios, products, and recommendations. As the project unfolded during the public workshop phase, it was determined that additional areas be analyzed, including the expanded TOD and the TUC core areas, and the Mall-to-Pond and Mall- to-Station scenarios. This effectively expanded the areas requiring more detailed planning recommendations and deliverables beyond that identified in the original scope of work by an additional 130 acres of public and private property. Additional services required for plan review and adoption 1. FTB will attend a Joint City Council/Planning Commission worksession, prior to public hearings on the draft plan, to review the draft plan's proposed policies and regulations. 2. Prior to the City Council's public hearing on the plan, FTB will attend a City Council study session on the draft plan and Planning Commission recommendations. 3. FTB will attend a City Council Public Hearing/deliberation session on the draft plan. This meeting was added since the CAP memo on this contract supplement. The additional meeting does not change the contract amount. Cost of Proposed Contract Supplement The cost of additional services and worksessions contained in the contract supplemental are $69,581 and will be funded by the existing TUC/TOD grant. This leaves contingency funds of approximately $40,000, portions of which will be used for anticipated additional financial analysis and environmental review of the plan. CoMMuNi'~Y A-FFXIRS AND PARKS COMMITTEE ACTION Reviewed the draft contract and sent it to the COW for consideration. REQUESTED ACTION Forward to the full Council for their consent agendh at the July 6th meeting. p:\LYNNlvl~TUC\Contracts\Land use\administrative\Supplement 2004\FTB COW.DOC Page 2 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Community Affairs and Parks ComTe FROM: Steve Lancaster, DCD Director ~"/-'~ RE: Proposed Contract Supplement with Freedman, Tung & Bottomley (FTB) DATE: June 9, 2004 RE: TUC FTB contract supplement Back~round As part of our staff/consultant TUC planning team, Freedman, Tung & Bottomley (FTB) has provided technical assistance with land use and urban design issues related to the planning of the Tukwila Urban Center (TUCI and the transit-oriented development (TOD) area. Their original contract amount for $352,338.14 was approved in February, 2003. This work has been fully funded through a federal grant. As the project evolved over the past fall and winter (2003/04), additional land use and design analysis was needed which was not planned for in the current scope of services. At that time, the project manager was on an unplanned medical leave, and the work needed to be-accomplished in a timely manner. The proposed contract supplement is intended to bring the contract up to date, (compensating FTB for services already provided), and provide for additional worksessions with the Council and Planning Commission to review the draft plan. Services included in the supplemental contract total $69,581. In addition, FTB's contract expired May.~31, 2004, and a time extension is required to complete the project. Proposed Contract Supplement Timeline extension FTB's contract expired May 31, 2004. The proposed new completion date is June 30, 2005. Page 1 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 Compensation for services already provided 1. Meetings FTB attended meetings nor planned for or substantially longer in duration than originally anticipated in the ctirrent contract. 2. Expanded Site Development Plans The original scope of work specifically limited the area req~tinng detailed master plan products, including conceptualizing, development scenarios, products, and recommendations. As the project unfolded during the public workshop phase, it was determined that additional areas be analyzed, including the expanded TOD and the TUC core areas, and the Mall-to-Pond and Malt- to-Station scenarios. This effectively expanded the areas requiring more detailed planning recommendations and deliverables beyond that identified in the original scope of work by an additional 130 acres of public and private property. Additional services required for plan review and adoption I. FTB will attend a Joint City Council/Planning Commission worksession, prior to public hearings on the draft plan, to review the draft plan's proposed policies and regulations. 2. Prior to the City Council's public hearing on the plan, FTB will attend a City Council study session on the draft plan and Planning Commission recommendations. Cost of Pi:oposed Contract Supplement The cost of additional services and worksessions contained in the contract supplemental are $69,581 and will be funded by the existing TUC/TOD grant. · - Requested Action ......... : ..... Review the draft contract and forward to the Committee of the Whole for consideration at their June 28th meeting. P:~LYNNivl~TUC\,Contracts\Land useLadm n s ra ve\Supp eraent 2004\FTBCAP2.DOC Page 2 ~.' Community and Parks Committee June 15, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Jack Pace, (Lynn Miranda, Lucy Lauterbach) Freedmam Tung & Bottomle¥ Contract Extension Freedman Tung and Bottomley (FTB) have been working on all thc issues surrounding the TUC/TOD study and plans. Their contract expired at the end of May, and staff has proposed an amendment to continue their work, which is all being paid for by a federal grant. Additional work not originally planned for, became evident as this issue was starting to be worked on staff and with the Council and Planning Commission. They have already done some work uncompensated, and a little more work is needed. The contract will be extended to June 30, 2005. This additional $69,581 cost will be for putting together the draft plan and taking it to Council and the Planning Commission. Recommend contract supplement to COW and Regular Meeting. Committee chair approval EXHIBIT B-2: PROJECT #TCSP-TCSP(010)*** CITY OF TUKWILA TUKWILA URBAN CENTER SUBAREA PLAN Growth & Development Strategy, Land Use & Development Policy, Design Craidelines, and Public Participation Process Additional Services and Meetings Scope of Services Draft v.l: June 15, 2004 Background Additional Services covered under this exhibit fall into two primary categories: meetings and expanded site development master plans. Meetings. The Scope of Services attached to FTB's contract as Exhibit B-1 provided for a variety of meetings - Staff/Consultant working sessions, Community Workshops, Study Sessions and Public Hearings with the Planning Commission and/or City Council. From time to time, as the project has moved forward and unforeseen project needs have arisen, City Staffhas requested that FTB attend - and in some cases substantially extend the duration of- a number of sessions that were not anticipated at the time the original Scope of Services was prepared. Expanded Site Development Master Plans. As the project unfolded during the public workshop phase, it was suggested early on by TOD workshop participants that the TOD area be expanded westward from West Valley Highway to include the entire 3000-foot "pedestrian shed" defined by Perteet Engineering research pertaining to how far most people could be expected to walk to and from a commuter rail station. At the July 2, 2003 Staff/Consultant Working Session, FTB was directed to expand the TOD master plan deliverables to cover the addition of public and private properties between West Valley Highway and Andovcr East. This effectively expanded the zone requiring master planning products and recommendations by 82 acres (subtracting out the Green River right-of way, of course). The expansion of the TOD out to Andover East resulted in the preparation of deliverables that clearly assisted community worksho'pparticipants and the Staff/ConsuYdng team to envision and better evaluate possible futures. The desire to usc such tools to evaluate possible directions that growth and change might be directed, spread rapidly to encompass all of the most valuable areas of the TUC - those areas sandwiched between the commuter rail, the regional shopping mall, and Tukwila Pond. The resulting expansion of areas requiring master plan explorations beyond Andover East (and beyond the TOD Subarea) occurred as follows: 1. Workshop participants and City Staff expressed interest in exploring the potential implications of the Mall-to-Pond development strategy. We were directed to provide the economist with development scenarios (which were first developed in faxable sketch form for City Staff and EcoNorthwest review via conference call), and then to modify and re-draw those development scenarios in presentation form in rasponse to research provided by Terry Moore. 2. As the Mall-to-Pond scenario was vetted through the workshop and consultant team sessions, worries were expressed regarding the ultimate feasibility of that singular vision for beneficial change, particularly given the lack of anthusiasm with which Westfield Development responded to it. In response, we provided a second alternative to the Mall-to-Pond plan concept that became known as the Mall-to-Station plan concept. 3. The traffic engineer's request for precise development scenarios including locations of specific uses and development types precipitated the request that FTB prepare a site development master plan diagram of what we labeled the "Mid-Term" development scenario (and what Tom Noguchi calls "the 20-year build-ont"). Somewhat simultaneously, City Staffs direction to EcoNorthwest to evaluate the short-term costs and feasibility of these Scope of Services, Page 2 scenarios led to the development of"Minimum Catalyst" scenarios. These illustrations proved doubly useful in assisting workshop participants and, ultimately City Council members and Planning Commissioners to evaluate Staff/Consultant recommendations resulting from the workshop/concept development phase. 4. At the City Council/Planning Commission Study Session, City Council directed us to explore the potential for housing around Tukwila Pond. This dovetailed with the Staff/Consultant teams' growing realization that we needed to provide the community and city officials with a clear vision for the Pond and its environs, regardless of whether or not the Mall-to~Pond ideas were pursued in the near term (or ever). This was confirmed in our conference call with City Staff early in 2004, and the plans for the Pond and Environs was reviewed in the February conference call in which we were directed to modify the master plan illustration of the properties south of the Pond to eliminate the open space on the J.C. Penny site, which we did in the modified plans presented at Workshop//4 in late February. In stun, these evolving project requirements for the preparation of master plan level recommendations and deliverables, have expanded beyond the original 68 acre study and the 82 acre expansion out to Andover East by a net additional 130 acres of property. Task Descriptions Additional services tasks covering meetings and expanded site development master planning to be added to the scope of services are detailed below, and are arranged to correspond to the phasing of the original Scope of Services as detailed in contract Exhibit B-1. PHASE H-A - ADDITIONAL SERVICES: ENVISIONING THE FUTURE DISTRICT - PLAN CONCEPT DEVELOPMENT Task 1. Expanded Site Development Master Planning Services A. Master Planning and Illustrations for Expanded TOD Area and Mall to Station Concept 1. Prepare/refine/finalize initial catalyst master plan illustration 2. Prepare/refine/fmalize mid state master plan illustration 3. Prepare/refine/finalize long term master plan illustration B. ' Mai[ ~0 P~nd M~ter Planning and Illustration~ 1. Prepare/refine/finalize initial catalyst master plan illustration 2. Prepare/refine/finalize mid state master plan illustration 3. Prepare/refine/finalize long term master pl.an illustration C. Vision For the Remainder of Tukwila Pond and Environs - Master Planning and Illustrations 1. Prepare/refine/finalize south of Pond area master plan illustration 2. Prepare redevelopment studies for Pond D. Combined "Envisioned End State" Illustration provided at no charge to the City Task 2. Additional meetings A. Extended post-workshop debriefing sessions (additional 4 hours each) Scope of Services, Page 3 1. TUC Workshop#1 debrief and TOD kick-off meeting held on May 22, 2003 2. TUC Workshop#2 and TOD Workshop# 1 debrief meeting held on July 2, 2003 3.. Extended TUC/TOD Workshop#4 debrief session held on February 27, 2004 B. Additional City S[aff and Consultants Working Session held on April 1, 2004 1. Prepare materials for study session 2. Attend meeting in Tukwila 3. Travel to/from Tukwila Task 3. Project Management This task provides an allowance for project supervision, documentation, coordination with City staff and management of consultant staff associated with tasks detailed above. PHASE H-B - ADDITIONAL SERVICES: MAKING IT HAPPEN - IMPLEMENTATION STRATEGY, POLICY TOOLS & TUC SUBAREA PLAN DOCUMENT Note on process for collecting accumulated modifications to the TUC Subarea Plan document: The Public Distribution Draft document, containing all Staff/Consultant recommendations, will not be physically modified as it proceeds through the review sessions (that is, the Study Sessions and Public Hearings). Instead of re-publishing the document at the end of every meeting, City Staff will prepare an updated Plan Addendum document that will accompany the document to every session (after the first Study Session). After each review session, recommended substitutions and additions will be specifically detailed in the most recently updated version of the Addendum. Plan Addendum reports will be organized to show whether the changes originated in Joint Study Session (assuming here general or informal direction without a formal City Council action), Planning Commission Hearing, or City Council Hearing. Task 1. Joint City Council / Planning Commission Study Session (Includes base presentation of TUCSubarea Plan and corresponding professional fees) " Note: This task assumes that the Joint City c~t~ncil/Pianni~g Commissio~ Study Session will 0cern- during-the review process of the Public Distribution Draft of the TUC Subarea Plan document (per Scope of Services Exhibit B-l, Phase II-B, Task 4). A. Meeting logistics and pre-session correspondence B. Based on the contents of the Public Distribution Draft of TUC Subarea Plan document, FTB will create a Powerpoint Presentation highlighting the concepts, strategies and implementation policies contained in the draft document. 1. Scan and format key document exhibits into Powerpoint 2. Prepare Powerpoint exhibits - key policy recommendations 3. Prepare presentation C.Pm-meeting session with City Staff D.Attend Study Session: setup, presentation, discussion, record direction Scope of Services, Page 4 E. Associated travel time Task 2. City Council Study Session Note: Since City Staffwill have met with the Planning Commission prior to this study session City Staffwill direct FTB with modifications to the powerpoint presentation created for Task 1. A. Meeting logistics and pre-session correspondence B. Modify presentation materials as directed by City Staff C. Pre-meefmg session with City Staff D. Attend Study Session: setup, presentation, discussion, record direction E. Associated travel time Task 3. Public Hearing Phase: City Council Meeting A. Meeting logistics and pre-session correspondence B. Modify presentation materials as directed by City Staff C. Pre-meeting session with City Staff D. Attend Study Session: setup, presentation, discussion, record direction E. Associated travel time Exhibit D-1, Consultant Fee Determination - Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: Tukwila Urban Center Plan - Prepare land use/urban design plans, implementing regulations, and Direct Salary Cost (DSC): Classification Man Hours Rate -- = Cost Principal 121.0 X 57.70 $ 6,981.70 Senior Associate 28.0 X 36.06 1,009.68 Associate 215.0 X 28.85 6,202.75 AutoCAD Opp 1 133.0 X 18.27 2,429.91 AutoCAD Opp 1I 8.0 X 16.83 134.64 Project Assistant II 154.0 X 16.83 2,591.82 X X X Total DSC = $ 19,350.50 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 1.9215 % x $ 19,350.50 37,181.99 Fixed Fee (FF): FF Rate x DSC of .2351 % x $ 19,350.50 4,549.30 Reimbursables: Itemized 8,500.00 Subconsultant Costs (See Exhibit G): Grand Total 69,581.79 Prepared By: Gregory Delaune Date: June 21, 2004 EXHIBIT D-1 Supplemental Reimbursable Information Reimbursable Expense Category Budgeted Cost Reimbursable Project Expenses $3,755 Travel Expense Allowance $4,745 Total $8,500 Project Costs/Reimbursable Expenses: In addition to the hourly rate charged, the following shall be charged as PROJECT COSTS: Document duplication, plotting/scanning, messenger services, postage and handling, long distance telephone calls, travel expenses for out-of-office services, special equipment charges, desktop publishing, office archives and database, governmental plan and other inspection fees, expenses for renderings, models and mock-ups requested by CLIENT, expenses for additional insurance coverage or limits, including professional liability insurance, requested by the CLIENT in excess of that normally carried by the CONSULTANT, and/or associated with contracts to subconsultants, plus other out-of-pocket expenses reasonably required in performance of services for the Project. Exhibit E Breakdown of Overhead Cost Account Title $ Beginning Total % of Direct Labor Direct Labor 546,966.00 100.00% Overhead E~penses: FICA 65,645.00 12.00% Unemployment 3,238.00 0.59% Health/Accident Insurance 36,865.00 6.74% Medical Aid & Industrial Insurance Holiday/Vacation/Sick Leave 60,186.00 Commission/Bonus/Pension Total Fringe Benefits 165,934,00 30,34% General Overhead: State B&O Taxes 7,602.00 1.39% Insurance 25,297.00 4.62% Administration & Time Not Assignable 358,366.00 65.52% Printing, Stationery & Supplies 36,736.00 6.72% Professional Services 97,543.00 17.83% Travel Not Assignable 35,787.00 6.54% Telephone & Telegraph Not Assignable 21,448.00 3.92% Fees, Dues & Professional Meetings 6,577.00 1.20% Utilities & Maintenance 1,312.00 0.24% Professional Development Rent 143,379.00 26.21% Equipment Support 46,186.00 8.44% Office, Miscellaneous & Postage 104,855.00 19.17% Total General Overhead 885,088.00 161.82% Total Overhead (General + Fringe) 1,051,022.00 192.15% Overhead Rate (Total Overhead / Direct Labor) 192.15% O COUNCILAGENDASYNOPSIS ......................... /n!~!a/s ......................... ITEM NO. Meeting Date Prepared by Mayor'~ review Cou.~cil review 06~28~04 RAB ,,/~¢¢" ~_,~'-Z ¢',,~..,.,.,.,~' ITEM INFORMATION CAS Number: 04-094 I Original Agenda Date= June 26,2004 Agenda Item Title: Professional Services Contract - Martin d. Durkan Original Sponsor: Council Admin.x Timeline: Sponsor's Summary: This year the City entered into a contract with Jamie Durkan for a six month period rather than the traditional one-year contract of years past. The Mayor's Office requests a six month extension to enable Jamie to continue efforts to secure support for critical City projects. Recommendations: Review contract and forward to Regular Meeting for approval Sponsor: Committee: Forward to COW Administration: Authorize Mayor to sign contract extension Cost Impact (if Up to $27,000 ($4,000 plus up to $500/month in expenses) known): Fund Source (if known) 000.03.513.100,41.02 General Fund/Professional Services RECORD OF COUNCIL ACTION Meeting Date Action APPENDICES Meeting Date Attachments 06/28/0403 Memo to Finance & Safety Committee dated 06/14/04 Proposed contract Finance & Safety Committee minutes from 06/21/04 meeting MEMORANDUM TO: Finance & Safety Committee FROM: Mayor's Office DATE: June 14, 2004 SUBJECT: Professional Services Contract - Martin J. Durkan Attached for your consideration is the contract with Jamie Durkan. Our current contract with Jamie expires on June 30. As you are aware, there are many projects for which the City needs funding in order to complete. Our office recommends extending the Durkan contract thru December 31, 2004 with the top priority being to seek state funding for the Tukwila Urban Center and transportation related projects. Staff will be present to answer any questions you may have at the committee meeting. City of Tukwila Contract for Services Amendment # (A) Between the City of Tukwila and Martin J. Durkan That portion of Contract No. 04-015 between the City of Tukwila and Martin d. Durkan is amended as follows: Duration of Agreement: This agreement shall be extended through December 31, 2004 unless sooner terminated under the provisions specified in Contract 04-015. All other provisions of the contract shall remain in full force and effect. DATED this __day of ,20__ CONTRACTOR CITY OF TUKWILA Steven M. Mullet, Mayor ATTEST/AUTHENTICATED .... APPROVED AS TO FORM Jane E. Cantu, CMC, City Clerk City Attorney u¥ Ul Contract For Services This agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City", and, MJ Durkan, Inc., hereinafter referred to as "the Contractor" whose principal office is located at 330 Southwest 43rd Street Plaza, Suite 357, Renton, Washington 98055. Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staff resources or expertise to perform such services, and Whereas, the City desires to have the Contractor perform such services pursuant to certain terms and conditions, now, therefore, In Consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B (Terms of Payment) attached hereto and incorporated herein by this reference. The total amount_to, b~ pa!.d.__sh_a!! not exceed twenty - four thousand dollars ($24,000) 'plUs expenses; Expenses shall be detailed on each monthly billing and shall not exceed five hundred dollars ($500) per month without prior approval of the City. Contractor Bud.qet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from .the City whenever the Contractor desires to amend its budget in any way. Duration of Aqreement. This Agreement shall be in full force and effect for a pedod commencing January 1, 2004 and ending June 30, 2004 unless sooner terminated under the provisions hereinafter specified. Independent Contractor. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to Contract for Services ' MJ Durkan January 2004 Page 2 this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the .-~: .. _ .~.o_.n.~r._a_c~or,.[t.s-'0~cers~ agents and employees, in performing the work r.equir.ed ...... by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. insurance. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/aggregate for personal injury ' and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. Certificates of coverage'shall be delivered to the City within fifteen (15) days of execution of this Agreement: Record Keepin.q and Reportin.q. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of this Agreement. The City shall Contract ~r Se~ices MJ Durkan Janua~ 2004 Page 3 maintain these records for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with ~CW Chapter 40.14 and. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by law during the. performance of this Agreement. Termination. The City giving to the Contractor thirty days written notice of the City's intention to terminate the same may at any time terminate this Agreement. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. Entire Aqreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to the Contractor shall be sent to the following address: MJ Durkan, Inc. Martin J. Durkan '- 330 Southwest 43rd Street Plaza, Suite 357 Renton, WA 98055 Contract for Services MJ Durkan January 2004 Page 4 Applicable Law: Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State'of Washington. in the event any suit, arbitration, or proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be ent_itled~ to its attorney's fees and costs of suit. DATED this CONTRACTOR: CITY OF TUKWILA ........ 'TIT/EE ~ ~/" - '-Mayor, Stev~'r~'M.'M[Jlle( .... ATTEST/AUTHENTICATED: C~Y GI..ERK, dane E. Cantu Contmct ~rSe~ices MJ Durkan Janua~ 2004 Page 5 Exhibit A Scope of Services The Consultant shall, at the direction of the Tukwila Mayor's Office: 1) work with Tukwila officials, King County elected officials, State elected officials and Sound Transit Board members in an effort to gain further improvements to the Light Rail routing through the City of Tukwila in a manner most consistent with local, regional and state land use and transportation policies. 2) Work with local, regional and state officials on general matters of interest to the City of Tukwila 3) Notify the Tu kwila Mayor's Office of emerging issues of importance to the City. It is understood that the above-cited tasks are representative of the requirements associated with achieving the City's objectives and are not necessarily an all- inclusive description of the Consultant's efforts. Contract for Services MJ Durkan January 2004 Page 6 Exhibit B Terms of Payment The consultant will invoice the City for the work completed at the rate of $4,000 per month at the close of each month, invoices will be paid within twenty (20) days of receipt. Any extraordinary expenses claimed shall first be approved by the City of Tukwila before the consultant obligates.any funds. '.Expenses shall be detailed On each monthly) billing and st~'all-no~:~xce~e~J~-five hundred dollars ($500) ..... per month without prior approval of the City. Finance and Safety Co'mmittee June 21, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Mike Villa, Alan Doerschel, Keith Haines, Shelley Kerslake, Lucy Lauterbach 1. Ball Janik Contract Alan said this is a contract just like the 2003 contract. It covers January-December, 20~4. Ball Janik has done work between January, 2004 and now without a contract. Their work was cut back after the Sound Transit MOU rejection in 2003 made relations with our federal legislators very sensitive. This year those same relations have improved, as was evident in the NLC meetings in March. Ball Janik has spent $8,500/month since January, for a total cost of $51,000 though June. The contract calls for compensating the firm $8.500/month. Dave said he was unhappy about the City being billed retroactively to the first of the year. HE and the other members asked what work Ball Janik has done besides prepping the Council ' members who visited Washington, D.C. Alan said they are working on getting federal funds for projects like Klickitat and T]]~ grants. They were successful in getting funds for the traffic signal interconnect project. Their invoices list the work they have done each month, and the Committee expressed interest in perhaps getting a copy of that or some other report from the administration about what they're doing. The Committee members said the only time they hear about Ball Janik is when they've gone to D.C. Otherwise, they don't know anything about what they do. Alan said administration would try to inform the Council about their work more regularly in the future. Recommend contract to COW and Regular Meeting for approval. 2. Martin Durkan Contract Jamie has had a six month contract with the City which expires ~n ~ ~r h~--'~'~ked Jamie with trying to get state funding for transportation and TUC projects. The Mayor will watch carefully to ensure the City gets our money's worth at the State level. In the first six months of the year he was working on Sound Transit routing through Tukwila. His six-month contract will cost $24,000, with no more than $500/month being spent without prior authorization each month. The Committee asked Alan if these two contracts were budgeted. He said he had $150,000 total for both contracts, which -will be close to enough. Recommend contract to COW and Regular Meeting. 3. Financial Update Alan said sales tax receipts were down, but utility tax receipts and real estate tax rebates were up, so we were up slightly for the year. The real estate tax is not explained at the State level, though Alan theorized it was last year's sale of the Mall. Dennis talked about the strain on City finances from working on the TVS annexation agreement costing up to $500,000 per year. Alan said he thought the annexation would bring the City money in the long term, though it will cost the City in the short term. Alan estimated a $10 m. bond would cost $700,000 per year in debt service. The TVS, Westfield Mall, and even Tukwila Village could bring in City revenues in the long term, but will cost some development funds before they can be successful Alan said the larger financial presentation will be in July, when he'll know more about things like Initiative 864. The large project expenditures are not shown in the current six year plan, and won't be shown until we start paying for them. The Council will need to give direction about which projects to fund. Alan said the City needs a back up plan for a COUNCIL AGENDA SYNOPSIS 0 / _~-vx ~ \'~. ......................... Initials ......................... ITEM NO. ~.i ~. -I Meeting Date Prepared by Mayor's review Cou. J3cil revi/~w ITEM INFORMATION CAS Number: 04-095 I Original Agenda Date: June 28, 2004 Agenda Item Title: Professional Services Contract Original Sponsor: Council x Admin. Timeline: Sponsor's Summary: Contract with Ball Janik is presented for Council consideration. Recommendations: Review and forward to Regular Meeting SiSonsor: Committee: Administration: Authorize Mayor to sign contract Cost Impact: Up to $9,500 per month ($8,500 retainer plus expenses up to $1,000 per month) Fund Source (if known) 000,03.513.100.41.02 - General Fund/Professional Services Misc. RECORD OF COUNCIL ACTION ...... Action ..... Meeting Date APPENDICES Meeting Date Attachments 06/28/04 Memo from Mayor dated 6/22/04 Proposed contract with cover memo to Finance & Safety Committee dated 6/09/04 Minutes from Finance & Safety Committee 6/2~/04 meeting City of Tul vila 6200 Southcenter Boulevard · Tukwila, Washington 98188 Steven M. Mullet, Mayor MEMORANDUM TO: City Council FROM: Mayor Mullet ~ SUBJECT: Ball Janik contract DATE: June 22, 2004 Attached for your review is a Professional Services Contract with Ball Janik, LLC. As you know, we have had a contract with this firm for some time to serve as the City's "eyes and ears", and to advocate on our behalf with our Congressional delegation. At the last Finance & Safety Committee meeting, questions were raised concerning what actions the firm engages in throughout the year. We are most intensely involved with Michelle Giguerre and Hal Hiemstra in the weeks leading up to legislative visits associated with the National League of Cities meeting early in the year. Once those visits have concluded and our legislative priorities are set, Ball Janik takes advantage of every opportunity to advance our concerns. You will remember that in light of the current federal funding picture the City has winnowed its congressional funding requests this year to focus on one area - the Klickitat connection. Ball Janik's support activities include: ~ ' · Attcndm~ce at a January event, along with City Administrator Rhonda Berry and Council President Jim Haggerton, sponsored by supporters of Senator Patty Murray · Monitoring Congressional developments regarding the omnibus spending bill · Consultation with Mayor and City Staffregarding Omnibus spending bill and TEA-3 project funding priorities · Consultation with various members of Congress regarding the Klickitat project · Consultation with congressional delegation regarding the Tukwila Intermodal Access TEA-21 (ITS aka signal interconnect) reauthorization request · Attend conferences on Capitol Hill with Mayor Mullet in January Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www. ci. tukwila.wa.us Ball Janik Contract June 22, 2004 Page 2 There are many day-to-day actions in support of Tukwila's funding requests that are not particularly notable but are necessary. In the future the Mayor's Office will provide at least quarterly updates on Ball Janik's activities. Major issues and accomplishments will, of course, be reported to you as they occur. I believe it is in the City's best interest to approve this contract and respectfully request your approval to do so. MEMORANDUM TO; Finance & Safety Committee FROM: Mayor's Office DATE: June 9, 2004 SUJBECT: Professional Services Contract Ball Janik, LLP Attached for your consideration is the contract with the Ball Janik finn. As you Will see, the effective date of the contract is retroactive to January 1 of this year. We have been in contract negotiations with the firm since early this year, and agreed upon a retainer of $8,500 per month, plus expenses. This figure represents a monthly increase of $500 compared to last year's contract. We believe the services provided by this finn have been very valuable to Tukwila. Staff will be present to answer any questions at the committee meeting. Contract For Services Ball Janik, L.L.P. This agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and Ball Janik,.LLP, hereinafter referred to as "the Contractor" whose principal office is located at 1455 F Street, NW, Suite 225, Washington D.C. 20005 Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staffresoumes or expertise to perform such services, and Whereas, the City desires to have the Contractor perform such services pursuant to certain terms and conditions, now, therefore, In Consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statues, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the city if the scope or schedule is to be modified in any way. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed eight thousand dollars ($8,500) per month plus expenses. Expenses shall be detailed on each monthly billing and shall not exceed one thousand dollars ($1,000) per month withbut prior approvaI6ftl:/e Cif~i'-The monthly retainer shall be evaluated at the end of the first full month and each quarter thereafter for appropriateness. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2004 and ending December 31, 2004 unless sooner terminated under the provisions hereinafter specified. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in Contract for Services Ball Janik, L.L.P. Page2 this Agreement shall be considered to create the relationship of employer and employee between the parties hereto: Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any 'employee of the Contractor. Indemnification. The Contractor shall indemnify, defend and hold harmless the City its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officem, agents and employees, in performing the work required by this Agreement. -~z-With respect to the performance of this Agreement and as to claims against he City, its officers; agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, tiffs obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Insurance. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/aggregate for personal injury and property ......... damage. Said policy'shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15)days of execution of this Agreement. Record Keeping and Reporting. The Contractor shall maintain accour~ts and records, including personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of tiffs Agreement. These records shall be maintained for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the amhivist in accordance with RCW Chapter 4014 and by the City. Contract for Services Ball Janik, L.L.P, Page 3 Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject inspection, review or audit by law during the performance of this Agreement. Termination. The City g~ving to the Contractor thirty days written notice of the City's intention to terminate the same may at any time terminate this Agreement. Failure to provide products on schedulc may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tuk,~ila, WA 9~188 ~ ........ Notices to the Contractor shall be sent to the following address: Ball Janik, LLP Michelle E. Giguere 101 SW Main Street, Suite 1100 Portland, OR 97204 Applicable Law: Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or the proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King Contract for Services Ball Janik, L.L.P. Page 4 County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of ., CONTRACTOR: CITY OF TUKWILA: BY: Steven M. Mullet, Mayor, ATTEST/AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: Exhibit A · Scope of Work & Specific Services 1. Scope of Work: Ball Janik LLP will provide federal representation and lobbying services for the City of Tukwila related to securing federal authorization and appropriation for key projects identified by the City. The scope of work does not include any federal representation on matters related.to LINK light rail at the current time but depending on changing cimumstances it may be appropriate to address LINK issues at a different time and can include work related to Sounder and other matters under SoundTransit's jurisdiction. Ball Janik LLP will also work with the Washington Congressional delegation to build upon previous work done with these officials. Key legislation to be acted on by Congress this session, including reauthorization of TEA-21, possible authorization of a separate rail funding program, and the FY'2005 appropriations bills, will be evaluated for opportunities to secure special congressional or federal agency support for Tukwila's goals and to secure additional federal funding for City priorities and projects. Ball Janik LLP will provide guidance and assistance to the City regarding opportunities to secure federal funding for the Klickitat/Urban Center transportation project and also support for projects such as: the TOD and regional center project; commuter rail and other station and related commercial and housing development work at Southcenter; other land acquisition, transportation enhancement, railroad crossing, and community or commercial development related projects; the Tukwila Village and Highway 99 redevelopment projects; resource related projects such as the Green-Duwamish projects; homeland security funding; any economic stimulus package aimed at local governments; and, other opportunities to assist the City regarding the impact of major federal legislation. Projects and priorities can be re-evaluated in the course of the year as Congressional and City priorit'.tes and age~das change and new opportunities to enhance federal financial support for City projects are presented. Ball Janik LLP will consult early with City officials to define an agenda for action and place priorities on projects; coordinate meetings for City officials with Congressional and Administration officials; report to the City regularly on strategy, next steps, and implementation of objectives; provide regular communication, progress reports, and recommendations for action to the City; and, where appropriate continue to advise the City with regard to working with other regional and State officials on identified priorities. 2. Specific Services: Ball Janik LLP will be responsible, at a minimum, for the following: Inform the City of key timelines for proposed actions · Identify federal rules, policies, and laws that support the City' goals · Identify key officials and contacts that the City needs to make and the best time to make such contacts · Brief all appropriate congressional and federal officials Exhibit A - Scope of Work Ball Janik. L.L.P. Page 2 · Advise City of key dates in the congressional and administrative calendar that impact its goals · Work to continue re-establishing a strong Tukwila relationship and increase support for Tukwila's goals with all key members of the Washington congressional delegation. · Prepare background papers, position papers, project request subcommittee forms, and briefing materials · When approptSate, develop legislation, amendments, report language, and budget recommendations, and move them through the legislative process, attending and working with the congressional delegation and other Congressional officials at hearings, mark-ups and House/Senate conferences on legislation · Assist Members of the congressional delegation with preparation of testimony, questions for agency officials at hearings, speeches and floor colloquies, drafting amendments and or committee report language and legislation · Attend and report on congressional hearings of import · Advise City of new proposed regulations, programs, or proposed legislation of import · Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for reauthorization of TEA-21 and related legislation, and the annual appropriations bills · Identify and work with the City on other opportunities for federal financial assistance such as the innovative TIFIA program, the livability grant program, TCSP, reverse commute and welfare to work programs, small systems transit funding, and other areas identified by the City. · obta'm appointments for City officials in Washington, D.C., develop schedules, accompany City officials to meetings, and provide briefing materials for City officials for their meetings with Congressional officials · Be the City's "eyes and ears" in Washington Ball Janik Exh A - June04.doc Exhibit B · Terms of Payment Ball Janik, L.LP. will invoice the City for the work completed at the rate of $8,500 per month, plus reasonable expanses, not to exceed $1,000, at the close of each month. Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format. Finance and Safety Committee June 21,2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Mike Villa, Alan Doerschel, Keith Haines, Shelley Kerslake, Lucy Lauterbach 1. Janik Alan said this is contract just like the 2003 contract. It covers Ball Contrac, t a January-December, 2004. Ball Janik has done work between January, 2004 and now without a contract. Their work was cut back after the Sound Transit MOU rejection in 2003 made relations with our federal legislators very sensitive. This year those same relations have improved, as was evident in the NLC meetings in March. Ball Janik has spent $8,500/month since January, for a total cost of $51,000 though June. The contract calls for compensating the firm $8.500/month. Dave said he was unhappy about the City being billed retroactively to the first of the year. HE and the other members asked what work Ball Janik has done besides prepping the Council members who visited Washington, D.C. Alan said they are working on getting federal funds for projects like Klickitat and TIB grants. They were successful in getting funds for the traffic signal interconnect project. Their invoices list the work they have done each month, and the Committee expressed interest in perhaps getting a copy of that or some other report from the administration about what they're doing. The Committee members said the only time they hear about Ball Janik is when they've gone to D.C. Other, vise, they don't know anything about what they do. Alan said administration would try to inform the Council about their work more regularly in the future. Recommend contract to COW and Regular Meeting for approval. 2. Martin Durkan Contract Jamie has had a six month contract with the City which expires in June. The Mayor has tasked Jamie with trying to get state funding for transportation and TUC projects. The Mayor will watch carefully to ensure the City gets our money's worth at the State level. In the first six months of the year he was working on Sound Transit routing through Tukwila. His six-month contract will cost $24,000, with no more than $500/month being spent without prior authorization each month. The Committee asked Alan if these two contracts were budgeted. He said he had-$1r50;000 total for both contracts, which will-be close to enough. -- Recommend contract to COW and Regular Meeting. 3. Financial Update Alan said sales tax receipts were down, but utility tax receipts and real estate tax rebates were up, so we were up slightly for the year. The real estate tax is not explained at the State level, though Alan theorized it was last year's sale of the Mall. Dennis talked about the strain on City fmances from working on the TVS annexation agreement costing up to $500,000 per year. Alan said he thought the annexation would bring the City money in the long term, though it will cost the City in the short term. Alan estimated a $10 m. bond would cost $700,000 per year in debt service. The TVS, Westfield Mall, and even Tukwila Village could bring in City revenues in the long term, but will cost some development funds before they can be successful. Alan said the larger financial presentation will be in July, when he'll know more about things like Initiative 864. The large project expenditures are not shown in the current six year plan, and won't be shown until we start paying for them. The Council will need to give direction about which projects to fund. Alan said the City needs a back up plan for a