HomeMy WebLinkAboutReg 2004-08-02 COMPLETE AGENDA PACKET 40 M w Tukwila City Council Agenda
Cit di i REGULAR MEETING
m a Steven M. Mullet, Mayor Councilmembers: Pam Carter Joe Duffie
V''~ Rhonda Berry, City Administrator Dave Fenton Joan Hernandez
75613
Jim Haggerton, Council President Pamela Linder Dennis Robertson
Monday, August 2, 2004; 7 PM Ord #2055 Res #1556
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL
2. PROCLAMATIONS/ I Proclamation designating. August 3, 2004 as
APPOINTMENTS "National Night Out."
3. CITIZEN At this time, you are invited to comment on items not included on this
COMMENT/ agenda. To comment on an item listed on this agenda, please save
CORRESPONDENCE your comments until the issue is presented for discussion.
4. CONSENT AGENDA a. Approval of Minutes: July 19, 2004 (Regular) Meeting.
b. Approval of Vouchers.
5. UNFINISHED a. A resolution expanding the Deferred Compensation Program.
BUSINESS b. An ordinance regarding Traffic Concurrency Standards.
c. Briefing Comprehensive Plan Amendments /Growth
Management Act revisions.
6. NEW BUSINESS I A resolution declaring an emergency in response to damages to
public property due to erosion (42nd Avenue South).
7. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
8. MISCELLANEOUS
9. EXECUTIVE SESSION Pending Litigation, pursuant to RCW 42.30.110(1)(1) (30 mins.)
10. 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.
Office of the Mayor
City of Tukwila, Washington
PROCLAMATION
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a
unique, nationwide crime, drug and violence prevention program on August 3~a,
2004 entitled "National Night Out?; and
WHEREAS, the "21st Annual National Night Our' provides a unique
opportunity for Tukwila to join forces with thousands of other communities across
the country in promoting cooperative, police/community crime prevention
and
WHEREAS, The City of Tukwila plays a vital role in assisting the Tukwil~
Police Department through joint crime, drug and violence prevention efforts in
Tttkwila and is supporting "National Night Out 2004" locally; and
WHEREAS, it is essential that all citizens of Tukwila be aware of the
importance of crime prevention programs and impact that their participation can
have on reducing crime, drugs and violence in Tukwila; and
WHEREAS, the police/community partnerships, neighborhood safety,
awareness and cooperation, are important themes of the "National Night Ou~'
program; ~
NOW, THEREFORE, I Mayor Steven Mullet, do hereby call upon all citizens
of Tukwila to join the Tukwfla Police Department and the National Association of
Town Watch in support of the "21s~ Annual National Night Out"; and
FURTHER, I do hereby proclaim Tuesday, August 3rd, 2004, as:
National Night Out
Signed this 2~ '~ day of ,2004.
Steven M. Mullet, Mayor of Tukwila
OUNCIL A GENIaASYNOPSIS
I ~ .............................. -Initials ........................... ITEMNO.
Meetin~ Date Prepared ,by M,ay~reviev Council reviev
i;3~4T£M INFORMATION :
CAS NUMBER: 04-105 ]ORIGINALAGENDADATE: 7/26/04
AGENDA ITEMTITLE Reso] ut~on Expand~ n9 Defected ¢ompensat~ on 0ptions
CATEGORY X Discussion [] Motion X Resolution [] Ordinance [] Bid A~vard [] Public Heaffn~ [] Other
M~g Datg7/26/ 04 M~g Date Mtg~..O.~(~Date Mt~ Date Meg Date Meg Date Mtg Date
;PONSOR [] Council [] Mayor
'~'~.4dm Svcs [] DCD ~ Finance [] Fire [] Legal [] Pff-~R [] Police []
SVONSO~'S Administ~ration has been researching selected deferred compensation options
SUMMARY tO make available to city employees in addition to the current plan, Hartford.
Participation in the deferred compensation plan is voluntary for employees.
tLEVIEWED BY [] COW Mtg. 7/26/04 [] CA&P Crate /~ F&S Cmte [] Transportation Cmte
[] Utilities Crate [] Arts Comm. [] Parks Comm. [] Plannkng Comm.
DATE: 6/12/04 and 6/19/04
RECOMMENDATIONS: Discuss at COW and sent to Regular Meeting for adoption.
SPONSOR/ADMIN. Adopt resolution.
cou~i~rg~ Discuss at COW and send resolution to Regular Mtg for adoption.
I~(~iJM PACTS:/. EUND[S~U_RCE[
EXPENDITURE REQUIRED AMOUNT BUDGETED . APPROPRIATION REQUIRED
SN/A SN/A ~N/A
Fund Source: N/A
Comments:
7/26/04 Dis,-;.ee~a af CNW; -Fn~,wa~,d~rt 4-n R/?'/N& [~n ~li-n_ fm' final a.npvnval.
7/26/04 Memo dated 7/15/04 from V. 3essop
Draft Resolution
F&S Cmte Minutes dated 7/19/04
8/2/04 Reso]ut~0n ~n f~na] form.
o\
a, 7908
City of Tukwila
>x Washington
r Resolution No
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, TO EXPAND THE CITY'S CURRENT DEFERRED
43r COMPENSATION PROGRAM AND CONFORM WITH CURRENT
FEDERAL LAW AND INTERNAL REVENUE CODE TREASURY
REGULATIONS.
WHEREAS, the City desires to expand its deferred compensation program to
?r= include the ICMA Retirement Corporation, and the Security Benefit Group of
Companies, in addition to the plan already established by the Hartford Life Insurance
Company, per Resolution 569, dated March 7,1977; and
.Ott WHEREAS, the City desires to make available to City employees two additional
retirement investment plan options provided by the ICMA Retirement Corporation and
the Security Benefit Group of Companies; and
WHEREAS, the City desires to incorporate the Hartford Deferred Compensation
program including the Hartford Group Annuity Contract and the Hartford
Administrative Services Agreement and
WHEREAS, the City desires to conform with the final and temporary Treasury
regulation under 401(a)(9) of the Internal Revenue Code as published in the Federal
Register on April 17, 2002, 74 FR 19887; and to conform with the changes in federal law
brought about by the Economic and Tax Relief Reconciliation Act of 2001 "EGTRRA
t' N in addition to the technical corrections to EGTRRA contained in the Job Creation and
Worker Assistance Act of 2002; and
WHEREAS, the establishment of a deferred compensation plan serves the interest
of employees and the City by providing a variety of retirement plan choices; creates
increased flexibility m its ersotmel management system; and helps to create a more he]
h P g Y P
-1
competitive climate to attract and retain competent personnel;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City adopts the deferred compensation plans of the ICMA
Retirement Corporation and the Security Benefit Group of Companies.
Section 2. The City executes the ICMA Retirement Corporation Declaration of
Trust of the Vantage Trust Company, intending this execution to be operative with
respect to any retirement deferred compensation plan subsequently established by the
City, if the assets of the plan are to be invested in the Vantage Trust Company.
Section 3. The assets of the Plan are to be held in trust with the City serving as
trustee for the exclusive benefit of the Plan participants and their beneficiaries, and the
assets shall not be diverted for any other purpose.
Deferred Compensation 7/29/04 1 of 2
Section 4. The City adopts the Security Benefit Advisor 457 Deferred
Compensation Program and establishes funding accounts with the Security Benefit
Group of Companies for the receipt of the investment contributions.
Section 5. The City Finance Director shall be the coordinator of all City 457
Deferred Compensation programs. The City Finance Director shall:
1. be authorized and directed to execute the plan documents for the deferred
compensation program.
2. designate eligible employee participants in the plan(s) in accordance with
the plan terms.
rY agreements execute all necessa eements with the Hartford Life Insurance
Company, ICMA Retirement Corporation, and Security Benefit Group of Companies.
<>-'3 Section 6. The City will not permit loans under any of its select deferred
;':<t „z
compensation plans.
ur Section 7. The City has signed a new Administrative Services Agreement with the
k,,• ICMA Retirement Corporation and the Security Benefit Group of Companies.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST /AUTHENTICATED:
Jim Haggerton, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk
Passed by the City Council:
Office of the City Attorney Resolution Number:
R i
'i rFr
ry
Deferred Compensation 7/29/04 2 of 2
C ) UNCIL A GEN£ i" SYNOPSIS
M#~n~ Date Prepared ~ May~evie~v Coundl review
?126/o48/2/o4 CKc~ ///~_j
ITEM INFORMATION
CAS NUMBER: 04-106 IORIGINALAGENDADATE: 3ULY26~ 2004
AOE~A I~M Trr~ Adopt Ordinance amending Traffic Concurrency Standards as codified at
TI~IC 9.48.160 Credit to Developer '
CATEGOI~Y [] Disc,aMen [] Moiion [] Resolution ~ Ordinance [] Bid M~vard [] Public Headng [] Other
M~g Dat~ 7/26/04 M~g Date M~g Date M~g DateS/2/04 Mtg Date Mtg Date Meg Dau
SPONSOR [] Coundl [] Mayor
[] Adm Sv~r [] DCD [] Finance [] Fire [] Legal [] Pff-~R [] Peace [] PW
SPONSOR'S Recen~ legal challen§e$ to the Cita/'$ Cencurreno/Ordinance, specifically to the impa~
S~Y mitigation lee methodology, created a need for Tuk~ila to modi~ the Concurreno/Ordinance
¢rbl¢ g.48) and update the Mitigation Fee ii~. The modifications and updates ~ere eppreued in
r~a¥ 2oo4. A ne~ for a clarification to the lenguage granting credit to developers he$
forth amending TMC 9.48,160 Credit to Developer.
REVIEWED BY ~ COW Mtg. [] CA&P Crate [] F&S Cmte [] Transportation Crate
(i[~] Utilities Cmte [] Arts Comm. [] Parks Comm. [] Planning Comm.
~DATE: July 26~ ~004
RECOMMENDATIONS: Amend the Traffic Concurrency Standards {TlqC 9.48,160)
SeoNsoa/ADMm..Recemmend..to COW for discussion
COMMITI'Iff, E '
IcosT IMPACT / FUND SOURCEI
EXPENDITURE REQUUU~D AMOUNT BUDGETED .~PROPRIATION REQUU~ED
Fund Source:
Comment~:
t4TG, RECORD OF COUNCIL ACTION
J.I/24/03
5/o3/04 Adopted Ordinance #2043
7/26/04 D~scussed amendment to 0ed. 2043 at C0t~: forwarded to 8/2 Reg. ~lt§.
MTG. DATE ATTACHMENTS
7/26/04 Information Hemo
Ordinance
8/2/04 0rd~nance ~n final form.
\\tuk2\vol 1 \pubworks\cyady\concurrency & impact fees\cas transp concurrency & impact fees 7-26-04.doc
Ot 0
io
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE Na 2043, AS CODIFIED AT
TMC 9.48.160, "CREDIT TO DEVELOPER," REGARDING TUKWILA'S
TRAFFIC CONCURRENCY STANDARDS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Qty of Tukwila seeks to ensure that State- mandated standards for
concurrency in existing facilities and new development are met and
WHEREAS, the City of Tukwila seeks to ensure that new development is fairly
assessed a proportionate cost of new infrastructure required to serve the new development
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
v Section 1. Ordinance Amended. Ordinance No 2043, as codified at TMC Chapter
9.48.160, "Credit to Developer," is hereby amended to read as follows:
9.48.160 Credit to Developer
1 A developer is entitled to a credit against a Transportation Impact Fee for the value
of land dedicated for, improvement to, or new construction of any system
improvements provided by the developer, to facilities that are identified in the capital
facilities element and that are required by the City as a condition of approving the
development activity.
w'• Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
ttet 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 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL. OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004•
ATTEST /AUTHENTICATED:
H 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 Ds +A•
Office of the City Attorney Ordinance Number
Traffic Concurrency 7/29/04 1 Of 1
COUNCIL AGENDA SYNOPSIS
.................................. Initials ................................. ITEM NO.
Meeting, Date Prepared $7 Mayor's review Council review
ITEM INFORMATION
CAS NUMBER: 04-109 IO~[G~NALAGENDADATE: 8/2/04
AGENDA ITEM TITLE Comprehensive Plan Amendments]GMA revisions
CA.CDR I~ Oi~msion F1Motion l--l Resoluaon I--l Orai.~nce [--I ~i~ Amra ~ F,~,lic I--l ot~r
Mtg Date 8/2/04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR [] Council []]Mayor
[] Adm [] DCO [] Finance [] Fire [] Legal [] P&R [] Police [] Pig/
Svcs
SPONSOR'S Schedule for consideration, adoption of Comprehensive Plan amendments/GMA
SL~CVU~Y revisions by :[2/:[/04 deadline set by State of Washington
REVIEWED BY [] COW Mtg. [] CA&P Crate [] F&S Cmte [] Transportation Cmte
[] Utilities Cmte I-1 Arts Comm. [] Parks Comm. [] Planning Comm.
DATE: ?/27/04
RECOMMENDATIONS:
SPONSOR/ADIVl]N. Briefing only
COM~'rC~E Forward to COW
ICOST IMPACT / FUND SOURCEI
EXPENDITURE REQUIRED AMOUNT BUDGETED ~PPROPRIATION REQUIRED
SN.A. $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
8~2~04 lqemo from Steve Lancaster 7128104
I
Depariment of ComrnumtY Development Steve Lancaster, Director
Memorandum
To: City Council
From: Steve Lancaster, Department of Community Dev
er ment
Re: Comprehensive Plan Amendment Schedule and Process
Date: luly 28, 2004
This memo provides background on the Comprehensive Plan update/technical
revision process to date, and lays out the proposed schedule for review and
decision. The infc;rmation was reviewed at the Community Affairs and Parks
Committee meeting on July 27, 2004 and forwarded to the COW.
Background:
Work has been proceeding with the 2004 Comprehensive Plan amendment
process, including specific revisions related to the Growth Management Act and
consideration of two amendments submitted by private parties.. The State of
Washington has set December 1, 2004 as the deadline for adopting these
amendments.
Resources are focused on the mandatory review and update of the Sensitive Areas
Ordinance to consider "best available science," as well as making technical
revisions that are required to make Tukwila's Comprehensive Plan consistent with
recent changes to the Washington Growth Management Act (GMA). The
amendments proposed by private individuals are also being reviewed. These
include a request for policy changes to the Tukwila South area, and a rezone
request in conjunction with development of the Homeland Security facility.
Plannine Commission Review:
In recent months, the Planning Commission has reviewed and considered the
proposed amendments to the Comprehensive Plan. The Planning Commission
completed its deliberations on proposed amendments on July 22, 2004. Staff is
compiling the materials and will forward the Commission's recommendations for
amendments addressing changes to the Sensitive Areas Ordinance, Growth
Management Act, and annual amendments to the City Council.
Public Involvement:
Staff has done the following to involve and inform citizens, businesses and other
potentially interested parties in the preparation and adoption of the GMA 2004
update, including: 1) using the Hazelnut and the City of Tukwila web site; 2)
publishing in the "Seattle Times;" 3) and preparing direct mailings. The public
has been invited to participate in City Council and Planning Commission
6300 Southcenter Boulevard, Suite #I00 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-366~
11:00 AM07/2g/04
meetings, Planning Commission hear/ngs, and public open houses, and in the
environmental review process. There will be further opportunities for involvement
durin8 the City Council review phase.
Schedule:
The following schedule shows the next steps in the 2004 GMA Amendment
process m ensure that the amendments are adopted by the December 1, 2004
deadline. The timeframe gives adequate opportunity for the Planning
Commission to complete their recommendations and allows for the City Council's
review of Sound Transit's application during September. If Sound Transit
decisions are made earlier, the timeline will be adjusted.
8/2/04 Briefing #1--Schedule, process
8/23/04 Briefing #2--GMA Amendments (Transportation, Utilities,
Capital Facilities, Tukwila Urban Center, Maintenance of the
Plan, Housing, Economic Development); Annual Amendments
(Tukwila Valley South, "Sabey")
September, 2004
9/20/04 Briefing #3--Natural Environment element, Sensitive Areas
ordinance
9/27/04 Briefing #4 (if needed): SAO, other
9/28/0 Public Open Houses
October. 2004
10/4/04 Public Hearing
10/11/04 City Council Deliberation #1
10/18/04 City Council Deliberation #2
10/25/04 City Council Deliberation #3
November. 2004
11/1/04 City Council Deliberation #4 (if needed)
11/8/04 Ordinances m City Council
11 / 15/04 City Council passes ordinances
11/22/04 Staff forwards ordinances to Washington Department of
Community, Trade and Economic Development
December, 2004
12/1/04 Deadline to adopt Comprehensive Plan changes
J %LA. k,
COUNCIL AGENDA SYNOPSIS
0 y'', Tnitials ITEM NO.
-I �;�ls4! t y 1 Meeting Date i Prepared by 1 Mayor's review 1 Council review
s yak 2 1 8/02/04 1 BG tl ,}-4 Lt" hi 1
I 1 I I 1 C.
I 1 I I
ITEM INFORMATION
CAS NUMBER: 04-110 1 ORIGINAL AGENDA DATE: AUGUST 2, 2004
AGENDA ITEM TITLE Resolution declaring an emergency in response to erosion damage on
42 Ave 5 Bridge (near the Tukwila Community Center).
CATEGORY Discussion Motion Resolution Ordinance BidAward Public Hearing Other
Mtg Date Mtg Date Mtg Dale 8/2/04 Mtg Date Mtg Date Mtg Date Mg Date
SPONSOR Council Mayor
Adm Svcs DCD Finance Fire Legal PdrR Police PW
SPONSOR'S On July 27, staff discovered that a significant amount of roadway and bridge foundation
SUMMARY support soils had been eroded and require immediate repair on the 42 Ave S bridge. This
resolution will declare an emergency and allow staff to immediately enter into a construction
contract per RCW 39.04.280.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS: Approve resolution.
SPoNsoR /ADMIN. Approve resolution.
COMMITTEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Estimate $50,000.00
Fund Source: Fund 104.01 Bridges
Comments: Funds are available in the 2004 Annual Bridge Inspections (pg. 33 2004 CIP)
MTG. RECORD OF COUNCIL ACTION
MTG. ATTACHMENTS
8/2/04 Information Memo with pictures
Resolution
RCW 39.04.280 Competitive bidding requirements exemptions
Letter from Sargent Engineers (Bridge Inspectors)
h:\ pubworks \users\gail \gail\cas\resolution emergency 42 8- 2- 04.doc
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Directo/--q~
Date: July 28, 2004
Subject: Emergency Declaration Resolution
42"a Avenue South Bridge Erosion
ISSUE
On July 27, 2004, staff discovered that a significant amount of roadway and bridge foundation
suppor~ soils had been eroded sometime in the recent past and require immediate repair to
prevent loss of roadway and structure.
BACKGROUNd.
Sargent Engineers visited the site on July 27 and has developed a simple yet effective repair
plan (letter attached). Staff will immediately go out to secure a solid bid to perform this work
at a reasonable cost and as quickly as possible. The attached resolution has been drafted to
allow staff to immediately enter into a construction contract and complete the repair work
expeditiously and at the best price and quality possible.
RECOMMENDATION
By City Council resolution, approve emergency declaration and authorize Public Works to
immediately repair the erosion damage by construction contract exempt from competitive
bidding.
attachments: Draf~ Resolution
RCW 39.04.280
Sargent Engineers' letter
Photos
q yy
Z po
1908
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DECLARING AN EMERGENCY IN RESPONSE TO
DAMAGES TO PUBLIC PROPERTY DUE TO EROSION, WHICH
J OCCURRED AT THE NORTHWEST CORNER OF THE 42ND AVENUE
v' SOUTH BRIDGE APPROACH.
WHEREAS, it has been determined that significant erosion has occurred at the
northwest corner of the 42nd Avenue South bridge approach; and
WHEREAS, the erosion has resulted in significant loss of roadway and structural
support; and
V WHEREAS, the repairs to the roadway and bridge abutment are required
immediately; and
WHEREAS, RCW 39.04.280 provides for emergency declarations and competitive
bidding exemptions; and
WHEREAS, the Mayor of Tukwila has declared an emergency in order to allow
t City forces to respond with appropriate resources to restore damages and prevent
further impacts to public and private property; and
t WHEREAS, the City Council wishes to provide their suppport and endorsement of
Y the Mayor in his action to declare an emergency and for the City's efforts to respond to
the emergency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
A WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The City Council supports the Mayor in his declaration of emergency discovered
on July 27, 2004, due to damage which occurred at the northwest corner of the 42nd
Avenue South bridge approach, brought about by erosion; and the need for protective
actions; and hereby authorizes City forces to respond in the manner which is most
effective and expedient, without regard for the procedures and formalities which
s would otherwise govern the assignment of duties, procurement of materials, and
i f contracting of services. This situation is an emergency as defined in RCW 39.04.280(3).
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKW ILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST /AUTHENTICATED:
Jim Haggerton, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
fi
Filed with the City Clerk
Passed by the City Council:
a Office of the City Attorney Resolution Number:
Erosion 7/29/04 1 Of 1
Public Works 39.04.250
Effective date~1992 e 223: See noto following RCW 39.76.011. bidding requirements. The purpose of this section is to
Waiver of rights, construction--Application--1992 c 223: See supplement and not to limit the current powers of any
RCW 39.04.900 and 39.04.901. municipality to provide exemptions from competitive bidding
requirements.
39.04.260 Private construction performed pursuant (1) Competitive bidding requirements may be waived by
to contract for rental, lease, or purchase by state--Must the governing body of the municipality for:
comply with prevailing wage law. Any work, construction, (a) Purchases that are clearly and legitimately limited to
alteration, repair, or improvement, other than ordinary a single source of supply;
maintenance, that the state or a municipality causes to be (b) Purchases involving speeinl facilities or market
performed by a private party through a contract to rent, conditions;
lease, or purchase at least fifty percent of the project by one (c) Purchases in the event of an emergency;
or mom state agencies or municipalities shall comply with (d) Purchases of insurance or bonds; and
chapter 39.12 RCW. [1993 c 110 § 1.] · (e) Public works in the event of an emergency.
Application--1993 e 110: "Section 1 of this act shall not apply to (2)(a) The waiver of competitive bidding requirements
any project for which a call for competitive bids was made before July 25, under subsection (1) of this section may be by resolution or
1993." [1993 c 110 § 2.] by the terms of written policies adopted by the municipality,
at the option of the governing body of the municipality. If
39.04.270 Electronic data processing and the governing body elects to waive competitive bidding
telecommuncafions systems--Municipalities--Acquisition requirements by the terms of written policies adopted by the
method---Competitive negotiation--Findings, intent. (1) municipality, immediately after the award of any contract,
The legislature finds that the unique aspects of electronic the contract and the factual basis for the exception must be
data processing and telecommunications systems and the recorded and open to public inspection.
importance of these systems for effective administration If a resolution is adopted by a governing body to waive
warrant separate acquisition authority for electronic data competitive bidding requirements under (b) of this subsec-
processing and telecommunication systems. It is the intent tion, the resolution must recite the factual basis for the
of the legislature that municipalities utilize an acquisition exception. This subsection (2)(a) does not apply in the event
method for electronic data processing and telecommunication of an emergency.
systems that is both competitive and compatible with the' (b) If an emergency exists, the person or persons
needs of the municipalities. . designated by the governing body of the municipality to act
(2) A municipality may acquire electronic data process- in the event of an emergency may declare an emergency
ing or telecommunication equipment, software, or services situation exists, waive competitive bidding requirements, and
through competitive negotiation rather than through cornpeti- award all necessary contracts on behalf of the municipality
tire bidding, to address the emergency situation. If a contract is awarded
(3) "Competitive negotiation," for the purposes of this without competitive bidding due to an emergency, a written
section, shall include, as a minimum, the following require- finding of the existence of an emergency must be made by
merits: the governing body or its designee and duly entered of
(a) A request for proposal shall be prepared and record no later than two weeks following the award of the
submitted to an adequate number of qualified sources, as contract.
determined by the municipality in its discretion, to permit (3) For purposes of this section "lemergency" means
reasonable competition consistent with the requirements of unforeseen circumstances beyond the c6ntrol of the munini-
the procurement. Notice of the request for the proposal must pality that either: (a) Present a real, immediate threat to the
be published in a newspaper of general circulation in the proper performance of essential functions; or (b) will likely
municipality at least thirteen days before the last date upon result in material loss or damage to property, bodily injury,
which proposals will be received. The request for proposal or loss of life if immediate action is not taken. [1998 c 278
shall identify significant evaluation factors, including price, § 1.]
and their relative importance.
(b) The municipality shall provide reasonable procedures 39.04.290 Contracts for building engineering
for technical evaluation of the proposals received, identifica- systems. (I) A state agency or locai government may award
tion of qualified sources, and selection for awarding the contracts of any value for the design, fabrication, and
contract.
histaliation of building engineering systems by: (a) Using a
(c) The award shall be made to the qualified bidder competitive bidding process or request for proposals process
whose proposal is most advantageous to the municipality where bidders are required to provide f'mal specifications and
with price and other factors considered. The municipality a bid price'fur the design, fabrication, and installation of
may reject any and all proposals for good cause and request building engineering systems, with the final specifications
new proposals. [1996 c 257 § 1.] being appro9ed by an apprepdate design, engineering, and/or
public regulatory body; or Co) using a competitive bidding
39.04.280 Competitive bidding requirements-- process where bidders are required to provide final specifica-
Exemptions. This section provides uniform exemptions to tions for the final design, fabrication, and installation of
competitive bidding requirements utilized by municipalities building engineering systems as part of a larger project with
when awarding contracts for public works and contracts for the final specifications for the building engineering systems
purchases. The statutes governing a specific type of munici- portion of the project being approved by an appropriate
pality m~ty also include other exemptions from competitive
(2002 Ed.) [Title 39 RCW--page 9]
SARGENT
~a~gent Engineers, Inc.
32o~on,.L~Nw JUL 2 9 2004
Olympia, Washington 98502-9241
Tel 360 867.9284
Fax 360 867-9318 TU KW I LA
sargentongineem.com PUBLIC WORKS
July 28, 2004
Mr. Bob Giberson, P.E.
City of Tukwila Public Works
6300 Southcenter Boulevard, Ste. 100
Takwila, WA 98188-2544
RE: 42"d Avenue South Bridge No. TUK14 - Erosion at Northwest Wingwall
Project No.: A03134.00
Dear Mr. Giberson:
On July 27, 2004, Charles Mayhan, of Sargent Engineers, Inc., visited the subject bridge
site at the request of Robin Tiachtnak, City of Tukwila Public Works. The assignment was to
evaluate the eroded sinkhole at the west wingwall of the north abutment and suggest an
appropriate repair.
The erosion has produced a sinkhole under the approach guardrail behind the wingwall
and abutment bulkhead wall which has a near vertical face approximately under the roadway fog
line (outside lane line) and extends along the guardrail six to eight feet. There is some more
minor erosion adjacent to the north end of the sheet pile wall. This erosion appears to be long
term and primarily due to roadway runoff passing through the cracked asphalt just behind the
guardrail line. There is an eddy pool area at the current water surface, near the south end of the
sheet pile wall which may have caused some erosion near the wall, but since the early to mid
1990's was the last time a high water event of the necessary elevation to cause erosion at the
abutment it seems unlikely to be significant cause'of the sinkhole. The sinkhole was exposed
when the asphalt collapsed, possibly due to traffic impact to the gnardrail or traffic vibration.
The most immediate repair is to block the openings at the bases of the wingwall and the
abutment bulkhead wall and fill in the eroded area, possibly with a controlled density fill to make
future erosion less likely. For more long term, installing ~i catch basin and a curb along the
roadway, to direct the flow toward the catch basin, should eliminate the primary cause of the
erosion.
Mr. Bob Giberson, PE
Page 2
July 28, 2004
If you have any questions or comments please contact me at the phone number noted in
the return address.
Sincerely,
Sargent Engineers, Inc.
Charles E. Mayhan, P.E.
Senior Engineer
CEM