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HomeMy WebLinkAboutCOW 2005-03-28 COMPLETE AGENDA PACKET Ikkwila City Counfil Agenda 1- OF THE WHOLE e�� Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez Rhonda Berry, City Administrator Pam Carter Jim Haggerton Pamela Linder, Council President Dennis Robertson Dave Fenton EXECUTIVE SESSION: 6:30 PM; Real Estate Issues; pursuant to RCW 42.30.110(1)(b); (30 minutes) Monday, March 28, 2005; 7 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL Presentation of gifted funds from Tukwila Rotary Club Pg .5 PRESENTATION to replace play equipment at Bicentennial Park: Dan Foley, President, Tukwila Rotary Club. 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 your comments until the issue is presented for discussion. 4. PUBLIC a. An ordinance amending the Zoning Code to allow high- density Pg .7 HEARINGS residential mixed -use development in the transit- oriented development area of the Tukwila Urban Center. b. An ordinance amending Ordinance No. 1996, as renewed by Pg.37 Ordinance Nos. 2054 and 2081, to provide a moratorium exemption for residential mixed -use transit- oriented development near the Sounder Commuter Rail /Amtrak Station. 5. SPECIAL ISSUES a. An interlocal agreement with the City of Seattle for hearing Pg .43 examiner services. b. Strander Boulevard Stormwater Pump Station #17 Road and Drainage Improvements Project: 1) Bid award: Frank Coluccio Construction. Pg.53 2) Two supplemental agreements with Penhallegon Associates, Inc. Pg.63 (PACE) for construction management and design services. c. Cascade View Drainage Improvement Project: 1) Two interlocal agreements (with Water District #125 and Val VuePg.81 Sewer District). 2) Bid award: SCI Infrastructure, LLC. Pg.103 3) A supplemental agreement with KPG, Inc., for construction Pg.109 management services. d. Reprioritization of two water projects (Southcenter Parkway and Pg.117 Southcenter Boulevard) in 2005 Capital Improvement Program (CIP). (Continued) Committee of the Whole Meeting (Continued) March 28, 2005 Page 2 5. SPECIAL ISSUES e. A consultant agreement with HNTB Corporation for Pg.123 (Continued) Klickitat /Southcenter Parkway access improvement project. >Agreement contains standard Federal boilerplate language and is, therefore, not copied within this packet. For a copy of the complete agreement, please contact the City Clerk's office. f. South 144th Street Improvement Phase I Project: 1) Bid award for construction: Rodarte Construction, Inc. Pg.129 2) A supplemental agreement with KPG, Inc., for construction Pg .133 management services. 6. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. =of 2 Parks and Recreation Department a mod; i 'o Bruce Fletcher, Director '`'v 190 MEMORANDUM TO: Mayor Mullet Tukwila City Council FROM /Rick Still, Deputy Director of Parks and Recreation CC: Rhonda Berry, City Administrator Kevin Fuhrer, Finance Director DATE: March 8, 2005 SUBJECT: Tukwila Rotary Donation: Bicentennial Park Play Equipment Project The play equipment at Bicentennial Park is scheduled for replacement in 2005. The Tukwila Rotary has voted for this Park's replacement project to be a part of their Club's Centennial Project, as Rotary will celebrate its 100 -year anniversary this year. Their participation will include a cash donation of $5,000 towards the purchase of play equipment at the park, and 96 hours of labor for installation of the new equipment. The donated labor costs will result in additional in -kind donation of approximately $2,500. Tukwila Rotary President Dan Foley will be at the regularly scheduled March 28, 2005, Committee of the Whole meeting to present the Mayor and City Council with a $5,000 presentation check from the Club. 311LA, O UNGIL AGENDA SEVOPSIS Initials ITEM NO. A Q i 4 10 191; 1 llleetin Date Prep 'r by 1 Mayor' review Council review I) i 3.28.05 i Sb,`�\v i ,h.1/ 180B c ITEM INFORMATION 1 CAS NUMBER: 05-043 I ORIGINAL AGENDA DATE: 3/28/05 AGENDA ITEM Tr1LE Zoning code amendment adding high density residential mixed -use transit oriented development in vicinity of Sounder /Amtrak Station. CATEGORY Discussion dMotion Resolution Ordinance Bid Award X Public Hearing Other rlttg Date Aftg Date slitg Date Mitg Date Mtg Date rlltg Date 3/28/05 i Itg Date SPONSOR Council Mayor Adm Svcs X DCD Finance Fire Legal P&R n Police P11 SPONSOR'S This amendment allows high density residential mixed -use transit- oriented development in the vicinity of SUMMARY Sounder /Amtrak Station in the TUC Zone. It also adds a new residential TOD parking standard. REVIE\VED BY COW Mtg. XCA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. X Planning Comm. DA'Z'E: 02.28.05 RECOMMENDATIONS: SPONSOR /ADMIN. Recommend approval of amendment COMMITTEE Recommend approval of amendment COST IMPACT FUND SOURCE' EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 0 0 $0 Fund Source: N/A Comments: MTG. DATE I RECORD OF COUNCIL ACTION 12.04 1 City Council is briefed and forwards to Planning Comission MTG. DATE ATTACHMENTS Staff memo to CC RE: L -05 -005: Zoning code changes to amend the TUC zoning district to 3.28.05 allow residential mixed -use development near the Commuter Rail/Amtrak Station. 3.28.05 I Draft Ordinance 3 -28 -05 I Minutes from CAP Meeting on February 15, 2005 3 -28 -05 I Minutes from Planning Comission Public Hearing on January 27, 2005 3 -28 -05 I Planning Commission packet dated January 27, 2005 Community Affairs Parks Cmte Mtg Mlnutes dated 2/15/05 (COW Meeting Mlnutes from 2/28/05 will be available at Monday's mtg excerpt only) I �1 Cl of l u�llQ Steven M Mullet, Mayor 4 1 E irk* p p a Department of Community Development Steve Lancaster, Director 0 1 908 To: Tukwila City Council From: Steve Lancaster, DCD Director Date: March 21, 2005 Subject: L05 -005: Zoning code changes to amend the TUC zoning district to allow residential mixed -use development near the Commuter Rail Amtrak Station Background This amendment is intended to allow the City to seize the opportunity presented by a proposed mixed -use residential project in the Transit Oriented Development (TOD) area of the Tukwila Urban Center. This "pilot" project would constitute a significant first step towards achieving our land use and transportation goals for the TOD area and the TUC Subarea Plan. The amendment adds language to the TUC District section of the Tukwila Zoning Code that would allow mixed -use TOD residential development within a 1 /4 mile distance from the Rail station property. The amendment would also establish a new parking standard for this type of residential Transit oriented Development. This change is supported by current comprehensive plan policies. The Tukwila City Council was briefed on this issue in December and agreed to forward it to the Planning Commission. On January 27, 2005, a public hearing was held before the Planning Commission. No public comments were made and the Planning Commission unanimously voted to forward the amendments to the City Council. This amendment was consider by the CAP Committee on February 15, 2005 and forwarded to the COW for consideration on February 28, 2005. The COW forwarded it to the Tukwila City Council for consideration and a public hearing on March 28, 2005. Existing Zoning and Development Envisioned in the Tukwila Urban Center Plan The Tukwila Comprehensive Plan designated this area as part of the Tukwila Urban Center District (TUC). Urban density commercial development is allowed in this area, but residential cannot be a component unless it is within 500 feet of a water amenity. The current City -wide parking standard for multi family development calls for two spaces for units with up to three bedrooms plus one additional space for every two bedrooms thereafter (Figure 18.7, Tukwila Zoning Code). Comprehensive Plan policies support mixed -use residential housing in this area because it adds to the overall economic vitality of the City; provides quality housing for the community; and links transportation and land use in a way that encourages non -auto transportation choices for residents. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206- 431 -3665 The main difference between the amendment and the TUC Plan is that the amendment limits development of housing to a %4 mile distance from the rail station. Mixed -use housing, as recommended in the draft TUC Plan, will extend much further from the station. Transit —oriented development is, as the name implies, oriented to attract high users of transit. For this reason, parking requirements are generally lower for TOD projects. This amendment, in keeping with the draft TUC Plan proposes a TOD residential parking standard of one space for each one bedroom unit and two spaces for each unit with two bedrooms or more. Under this standard, 617 parking spaces will be required for Tukwila Station. This standard provides more parking than what would be required were Tukwila Station to be developed in the nearby suburban downtowns of Renton (569 spaces), Bellevue (548 spaces) and Auburn (363 spaces). Existing development in the area within VI mile of the rail station is commercial and industrial in nature. Impacts to the surrounding properties would generally be the same as those anticipated under the existing code. The project will require a Conditional Use Permit and Design Review. Staff Recommendation This amendment provides an opportunity to provide housing in the urban center and next to the Sounder Station much earlier than previously anticipated. The Tukwila Planning Commission recommended adoption of the proposed amendment. Following the public hearing, staff recommends the amendment be forwarded to the April 4, 2005 agenda for adoption. This schedule will allow the Council to address all items related to Tukwila Station during the April 4 meeting. j et' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING REVISED REGULATIONS GOVERNING MULTI- FAMILY HOUSING IN THE TUKWILA URBAN CENTER IN ORDER TO ALLOW TRANSIT- ORIENTED DEVELOPMENT IN PROXIMITY TO THE SOUNDER COMMUTER RAIL/AMTRAK STATION; REPEALING ORDINANCE NOS. 1758 §1 (PART); 1814 §2; 1830 §20, 21, 22; 1865 §34 AND 35; 1872 §7; 1971 §12; 1974 §5; 1976 §49, 50 AND 51; 1986 §9; 1989 §7; 1991 §4; 2005 §9 AND 2021 §4, AS CODIFIED IN TMC CHAPTER 18.28; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City recognized the unique opportunity to promote a more compact, mixed use, pedestrian supportive pattern of development that makes effective use of its proximity and accessibility to the rail station, and includes a mix of retail, service, office and residential uses; and WHEREAS, a more intensive pattern of transit- oriented development (TOD) would assist the City with the redevelopment of the Tukwila Urban Center (TUC), a designated urban center within King County, and provide workers with commercial, public and recreational services close to where they live or work; and WHEREAS, a more intensive pattern of TOD would benefit the region by assisting in achieving Growth Management Act (GMA) requirements and increasing local and regional transit ridership; and WHEREAS, while the City anticipates the TUC Plan, including TOD regulations, to be completed by the end of 2005, some issues need to be addressed immediately in order for near -term TOD projects to be successful; and WHEREAS, it is anticipated that the TUC Plan will propose that high- density mixed -use residential projects be allowed as in the TUC; and WHEREAS, the City has received a proposal for development within the TOD planning area that would be consistent with the stated vision for the TOD and support the successful implementation of the TOD master plan; and WHEREAS, the development of mixed -use residential TOD within one quarter mile of the Sounder Commuter Rail /Amtrak Station has been specifically exempted from the temporary development moratorium on the TOD area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regulations Amended. To amend regulations governing multi- family housing in the Tukwila Urban Center in order to allow transit- oriented development in proximity to the Sounder Commuter Rail /Amtrak Station, TMC Chapter 28.26 is hereby amended to read as follows: Zoning Code Amend in TUC 3/25/05 Page 1 of 7 CHAPTER 18.28 TUKWILA URBAN CENTER (TUC) DISTRICT Sections: 18.28.010 Purpose 18.28.020 Permitted Uses 18.28.030 Accessory Uses 18.28.040 Conditional Uses 18.28.050 Unclassified Uses 18.28.060 On -Site Hazardous Substances 18.28.070 Design Review 1828.080 Basic Development Standards 18.28.010 Purpose This district implements the TUC Comprehensive Plan designation. It is intended to provide an area of high- intensity regional uses that include commercial services, offices, light industry, warehousing and retail uses. Development is intended to be pedestrian friendly, with a strong emphasis on a safe and attractive streetscape. 18.28.020 Permitted Uses The following uses are permitted outright within the TUC district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars nor travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or poolrooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employng less than five people. 10. Commercial laundries. 11. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Day care centers. Zonine Code Amend in TUC 3/25/05 Page 2 of 7 17. Financial: a. banking; b. mortgage; c. other services. 18. Fix -it, radio or television repair shops/ rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers 26. Laundries; a. self serve; b. dry cleaning; c. tailor, dyeing. 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or packaging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 29. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 30. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 31. Manufacturing, processing, assembling, packaging and or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 32. Medical and dental laboratories. 33. Mortician and funeral homes. 34. Motels. 35. Offices, including: a. medical; b. dental; c. government; excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 36. Outpatient, inpatient, and emergency medical and dental. 37. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 38. Pawnbrokers 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). Zonine Code Amend in TUC 3/25/05 Page 3 of 7 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities (commercial indoor) athletic or health clubs. 43. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 45. Restaurants, including: a. drive- through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 46. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 47. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 48. Schools and studios for education or self improvement. 49. Self- storage facilities. 50. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 51. Studios art, photography, music, voice and dance. 52. Taverns, nightclubs. 53. Telephone exchanges. 54. Theaters, excluding "adult entertainment establishments', as defined by this Code. 55. Warehouse storage and /or wholesale distribution facilities. 56. Other uses not specifically listed in this Title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 18.28.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the TUC district. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC 18.50.060. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. Family child care homes, provided the facility shall be Iicensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupation. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. Zoning Code Amend in TUC 3/25/05 Page 4 of 18.28.040 Conditional Uses The following uses may be allowed within the TUC district, subject to the require- ments, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Bed and Breakfast lodging; must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Dwellin g Multi- family units (max. 22.0 units /acre except senior citizen that is non 'ts acre as a mixed -use development allowed to 100 units/acre, housing which is g industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 8. Transit- oriented development housing (which is allowed to 65 units /acre as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than one quarter mile from the Sounder Commuter Rail/ Amtrak Station property. 9. Drive -in theaters. 10. Electrical substations distribution. 11. Fire and police stations. 12. Hospitals, sanitariums, or similar institutions. 13. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 14. Park and ride lots. 15. Radios, television, microwave, cellular or observation stations and towers. 16. Recreation facilities (public) including, but not limited to sports fields, community centers, and golf courses. 17. Schools, preschool, elementary, junior or high schools, and equivalent private schools. 18.28.050 Unclassified Uses The following uses may be allowed within the TUC district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Conversions of rental multi- family structures to condominiums or owner- occupied multi- family housing, but excluding the construction of new condominium or owner- occupied multi- family housing. 3. Essential public facilities, except those uses Listed separately in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Mass transit facilities. Zoning Code Amend in TUC 3/25/05 Page 5 of 7 18.28.060 On -Site Hazardous Substances No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). 18.28.070 Design Review Design review is required for all commercial structures larger than 1,500 square feet, and for all structures containing multi- family development. Commercial structures between 1,500 and 2,500 square feet and multi- family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. 18.28.080 Basic Development Standards Development within the TUC district shall conform to the following listed and referenced standards: TUC BASIC DEVELOPMENT STANDARDS: Lot area per unit (multi- family, 2,000 sq. ft. except senior citizen and TOD), minimum 1 Setbacks to yards, minimum: Front 1 15 feet 1 Second front I 15 feet Sides 10 feet Sides, if any portion of the hard is within 50 feet of LDR, MDR, HDR -1st floor 1 10 feet 2nd floor 1 20 feet 3rd floor 30 feet Rear 10 feet Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR -1st floor 1 10 feet 2nd floor 1 20 feet 3rd floor 1 30 feet Height, maximum 115 feet Landscape requirements, minimum See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements Front 15 feet; required Iandscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval as a Type 2 special permission decision. Sides 1 None Sides, if any portion of the yard is 10 feet within 50 feet of LDR, MDR, HDR Rear 1 None Rear, if any portion of the yard is 10 feet within 50 feet of LDR, MDR, HDR Recreation space 200 sq. ft. per dwelling unit, 1,000 sq. ft. min. Recreation space, senior citizen 100 sq. ft. per dwelling unit housing Zoning Code Amend in TUC 3/25/05 Page 6 of 7 Off Street Parking · Residential (except senior citizen See TMC Chapter 18.56, Off street housing) Parking/Loading Ref!Ulations . Office 3 per 1,000 sq. ft. usable floor area minimum · Retail 4 per 1,000 sq. ft. usable floor area minimum · Manufacturing 1 per 1,000 sq. ft. usable floor area l11ll1lmum . Warehousing 1 per 2,000 sq. ft. usable floor area minimum . Other uses, incl. See TMC Chapter 18.56, Off-street senior citizen llOusing Parking/Loading Regulations . TOD llOusing 1 per one bedroom unit 2 per unit with tv\'o plus bedrooms Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 2. Repealer. Ordinance Nos. 1758 31 (part); 1814 32; 1830 320, 21, 22; 1865 334 and 35; 1872 37; 1971 312; 1974 35; 1976 349,50 and 51; 1986 39; 1989 37; 1991 34; 2005 39 and 2021 34, as codified in TMC Chapter 18.28, are 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 five days after passage and publication as provided by law. PASSED BY TIlE CITY COUNCIL OF TIlE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2005. ATTEST/AUTHENTICATED: Jane E. Cantu, CMC, City Clerk Steven M. Mullet, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: . Published: Effective Date: Ordinance Number: Office of the City Attorney Zoning Code Amend in ruc 3/25/05 Page 7 of7 Community and Parks February 15, 2005 %4. Zoning changes to amend TUC zoning at TOD The Lodging Tax Advisory Board (L TAB) owns some land near 1-405 in the northern most section of the transit-oriented development area (TaD) near Interurban. A proposal for a large mixed-use project south of the City property has come in. Zoning changes are needed to allow that. The Committee talked about whether the parking requirements were adequate to accommodate all the cars that would be part of the development. Requiring one car per bedroom helped with the condo/apartments. A conditional use design review will be used on the project. The financial implications for the city include the fact that the general fund now "owns" the property, and the City has been receiving money from the L T AB to payoff the debt. Land is needed for future rail lines on the east side of the condo development, and most of the city's land too would be needed if the Burlington Northern railroad tracks were switched from the west side of the TaD to the east side. The city would lose the L TAB funds, but Kevin explained that Lodging Tax was really part of the City, too, so it is not such a major loss. Jack said the City is trying to acquire the space for the tracks move now, so it will be there when the move is needed for the Strander street extension. This may not happen for 10-15 years. The Committee asked for more clarification of both the land swap and the financial implications involved. Recommend to CO\V. 7. wlacadam \Vinter Garden Bruce and Paul introduced Michael Brown, who is part of the team working on the winter garden. Michael talked about their plan, which satisfied criteria from winter beauty and interest, to low maintenance, tree removal and planting, and safety. About 14 3' trees would go along the street, and 60 more trees within the park. Bruce said the plan was stellar, but the city funds could not afford the $275k cost. To make it affordable Bruce will take $80,000 from Phase II of Cascade View Park, saying his staff has said they can do most of the work themselves. That brings city funding to $240,000, and if a water feature is cut, the rest of the plan could be implemented. Take plan to Council. 8. Fourth Quarter Reports There were no problems with the fourth quarter reports. Information. cr=.r t"'--' Committee chair approval ~ '" BOARD OF ARCHITECTUAL REVIE\V A1~D PLANNING COMMISSION PUBLIC HEARING MINUTES JANUARY 27, 2005 The Public Hearing was called to order by Chair Malina at 7:00 p.m. Present: Chair, George Malina, Vice Chair, Margaret Bratcher, Commissioners, Bill Arthur, Allan Ekberg, Henry Marvin, Vem Meryhew, and Lynn Peterson Representing City Staff: Nora Gierloff, Brandon Miles, Minnie Dhaliwal, Alice Strand, and Joyce Trantina VERN MERYHEW MADE A l\10TION TO ADOPT THE PUBLIC HEARING MINUTES FROM DECEMBER 9, 2004. ALLAN EKBERG SECONDED; THE MOTION WAS UNANIMOUSLY APPROVED. Chair Malina swore in those wishing to give public testimony. LOCATION: L04-032 Brad Decker Modification to the approved Design Review application for the construction of a 2,845 square foot addition to the existing building. 235 Strander Boulevard Tukwila, W A CASE NUMBER: APPLICANT: REQUEST: Minnie Dhaliwal gave the presentation for Staff. She presented drawings, which showed the proposed additional parking spaces. A discussion followed regarding landscaping issues and what impacts the additional parking spaces would have on existing or proposed landscaping. She indicated that some landscaping would have to be removed, and there were no proposals to replace what is being removed. However, the minimum landscaping requirements of the project will still be met, even if the landscaping in this specific area is removed. Brad Decker, the applicant, gave a presentation. He indicated that one tenant in this area will be a restaurant, other tenants include a jeweler, bridal shop, and florist. He indicated that a bike area has been added to the West Side of the building, which still meets Fire Department safety regulations. There were no further comments. The Public Hearing was closed. The Planning Commission Deliberated. Bill Arthur indicated that the modifications appeared to be minor in scope and were approved by the BAR unanimously. Page 2 of 4 Planning Commission Minutes January 27, 2005 BILL ARTHUR MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS, FOR CASE NUMBER L04-032. MARGARET BRATCHER SECONDED THE IVIOTION. ALL VOTED IN FAVOR. LOCATION: L04-068 City of Tukwila Planning Staff An 0 rdinance modifying various portions 0 f t he T ukwila Municipal Code (TMC) regarding certain types of signage. The Planning Commission will consider amendments regarding scoreboards, signs within Public Facilities, signs located~at Public Facilities in Public Recreation Overlay Districts, and Museums. City Wide CASE NUMBER: APPLICANT: REQUEST: Brandon Miles gave the presentation for staff. He provided background and aerial photographs on Fort Dent Park, Foster Golf Course, and the Museum of Flight. He went over the definitions for each of the following items in detail. There was a discussion of definitions as outlined in the January 18,2005 staff report, and the following recommendations were made: 1. Scoreboards - Add the definition - "stadium" and consider an inclusion of seating capacity. - Change the definition - "Sport Stadium" to the following.. .means a fIXed structure or complex that either partially or completely encloses a sports field that is solely dedicated to hosting sporting events. The structure or adjacellt structures also provide fixed seating, permanent restroom facilities, and permanent concession stands Oil site. There was further discussion whether or not scoreboards currently existing would be grandfathered and therefore exempt from new regulations. 2. Video Displays Changes to the proposed new section of Title 19: Criteria 5: Change language to read - "The entire scoreboard. . ." Criteria 9, letter b: Change language to read - "A written narrative regarding compliance with the requirements in TMC 19.32.080(D) and TMC 19.12.035." Only Foster and Starfire are currently affected by the issues regarding video displays. After further discussion it was decided, once the definitions are clarified, the Planning Commission would be in consensus with staffs recommendations regarding modification to the City's current sign ordinance (TMC 19.08.). With regard to banners at the Starfrre complex, the current sign code would not allow Starfire to have temporary promotional signs within their complex. Staff noted that Starfire is not visible . " Page 3 of4 Planning Commission Minutes January 27,2005 from public rights of way and that the City does not require pennits for signs placed within the mall. The proposed changes would not require pennits inside the complex for banners that are not legible from the public right of way or adjacent properties. The purpose of the banners inside the complex is only for the people who use the complex, and it is not the City's intent to regulate these banners. 3. The Planning Commission discussed allowing more signage for CUP and school uses within residential areas. The proposed changes would also increase the square footage of signs allowed for such uses. Discussion revolved around home occupations and signage for other uses within residential zones. General consensus existed on staffs recommendations. 4. Museum of Flight Staff is recommending a definition of museum be included under TMC 19.08, and that all signage at the Museum of Flight comply with the City's existing sign code regulations. Commissioners discussed the timing for museum events and how long banners could be displayed. The recommendation was that the Museum be allowed to install banners announcing upcoming events, but that signage must be removed immediately upon the completion of the event. 5. The Planning Commission discussed a minor change in sign code, taking out all references to the Unifonn Building Code and instead referencing, the State Building Code. There were no further comments. The Public Hearing was closed. The Planning Commission Deliberated. VERN MERYHEW MADE A MOTION TO FOR\V ARD THE PROPOSED SIGN CODE CHANGES WITH THE SUGGESTED MODIFICATIONS TO THE COW. MARGARET BRATCHER SECONDED THE lVIOTION. MOTION UNA1~IMOUSLY APPROVED. CASE NUMBER: APPLICANT: REQUEST: LOCATION: LOS-DOS City of Tukwila Make a recommendation to the City Council for zoning code changes to amend the Tukwila Urban Center zoning district to allow residential mixed-use development in proximity to the Sounder Commuter Rail I Amtrak Station. Tukwila Urban Center District \, \ , Page 4 of 4 Planning Commission Minutes January 27, 2005 Alice Strand gave the presentation for staff. The proposed amendment would allow development of housing within a ~ mile distance from the Sounder Rail Station. There were no further comments. The Public Hearing was closed. The Planning Commission Deliberated. ALLAN EKBERG MADE A IVIOTION TO FORWARD STAFF'S RECOMMENDATION TO THE CO\V. BILL ARTHUR SECONDED THE MOTION. ALL VOTED IN FAVOR. Director's Report . Bill Arthur nominated Margaret Bratcher for Chair, 2005. Vern Meryhew seconded the motion. All voted in favor. · Bill Arthur nominated Allan Ekberg For Vice Chair, 2005. Henry Marvin seconded the motion. All voted in favor. . Margaret and Allan will assume their new roles at the February 2005 meeting. . Nora Gierloffreported that the City Attorney's office has suggested that Commissioners not attend the Decker Appeal Hearing. If members attend, they could be challenged if the Council remands the project to the Planning Commission. . The Planning Commission was advised that Council adopted the revised Comprehensive Plan, which reflected the original buffer widths, rather than the reduced buffers recommended by the Planning Commission sensitive areas. Meeting adjourned at 8:20 p.m. Submitted by Joyce Trantina City of Tukwila Steven M. Mullet, Mayor Department of Community De1/elopment Steve Lancaster, Director STAFF REPORT TO THE PLANNING COMMISSION PREPARED JANUARY 18, 2005 HEARING DATE: January 27,2005 FILE NUMBERS: L05- 005 Tukwila Urban Center District Amendment to allow residential mixed-used in proximity to Sounder Commuter Rail! Amtrak Station. APPLICANT: City of Tukwila REQUEST: Make a recommendation to the City Council for zoning code changes to amend the Tukwila Urban Center zoning district to allow residential mixed-use development in proximity to the Sounder Commuter Rail / Amtrak Station. LOCATION: Tukwila Urban Center District SEPA: This was prepared as an addendum to the Comprehensive Plan EIS pursuant to the State Environmental Policy Rules (Chapter 197-11 WAC) and the Tukwi1a Municipal Code Title 21. The EIS was previously issued on October 9, 1995 (File #L92-0053). NOTIFICA nON: Notice of Public Hearing published January 21,2005 STAFF: Alice Strand, Senior Planner ATTACHMENTS: Attachment A: Figure 1 : Tukwila Station: South Elevation Attachment B: Proposed Zoning Code Language Changes 6300 South center Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 BACKGROUND Recently, a developer approached DCD with a proposal for a mixed-use residential project, to be constructed within the Transit-Oriented Development (TaD) area of the Tukwila Urban Center. Tukwila Station, a 300 unit multi-family condominium development with 7,000 square feet of retail, would be located on the property north of Longacres Way and the Sound Transit Commuter/Amtrak Rail Station, between the UP and BNSF railroad tracks (See Figures 1 and 2). This "pilot: project would constitute a significant first step towards achieving our land use and transportation goals for the TaD area and the TUC Subarea Plan. The project's primary obstacle is that residential development on this property is currently not allowed by Tukwila's land use regulations. While the project is consistent with the proposed TUC subarea plan allowing for the development of residential uses within walking distance of the Sound Transit commuter rail/Amtrak Station, it is being proposed prior to the plan's adoption. The Tukwila City Council was briefed on this issue in December and agreed to fOlWard it to the Planning Commission. The Planning Commission was also briefed on the issue via the Director's Report in December. PROPOSED CHANGES The proposed amendment is a change ofthe type of use, and the requisite parking for that use., in a specific area of the rue. There is no overt change in the density of any given use, on this or any other property. The proposed amendment adds mixed-use TaD residential development as a conditional use for the ruc, but limits its development to a )t4 mile walking distance from the Sound Transit Rail station property. STAFF ANALYSIS AND DISCUSSION Impact to Existing Zoning and to Development Envisioned in the Tukwila Urban Center Plan The Tukwila Comprehensive Plan designated this area as part ofthe Tukwila Urban Center District (ruC). Under this existing zoning, urban density commercial development is allowed in this area, but residential cannot be a component. Under existing zoning, residential mixed use is only allowed within 500 feet of a water amenity. Land uses within the ruc District were adopted prior to the presence of the Commuter Rail/ Amtrak Station. The current Citywide parking standard for multi-family development calls for two spaces for units with up to three bedrooms plus one additional space for every two bedrooms thereafter (Figure 18.7, Tukwila Zoning Code). The City is currently in the final stages of developing a new subarea plan for the TUe. Though extensive public involvement, a vision was developed for the TUC/TOD area and a preferred alternative was selected. These concepts were reviewed by the Planning Commission and the Q:\current\Tukwila Station\code amendments\PC STAFFRPT.DOC Page 2 City Council in a series of joint work-session. The draft TUC Plan recognizes that the Commuter Rail/Amtrak Station is a transportation amenity. In consideration of this, the draft plan denotes the area to the east of the River, between West Valley Highway and the station as calling for "high-density mixed-use development oriented toward the station."]. Transit- oriented development is, as the name implies, oriented to attract high users of transit. For this reason, parking requirements are generally lower for TOD projects. The ruc Plan proposes a TOD residential parking standard of one space for each one bedroom unit and two spaces for each unit with two bedrooms or more. The main difference between the proposed amendment and the TUC Plan's treatment ofthe area is that the proposed code change limits development of housing to a 'l4 mile distance rrom the rail station. Although 'l4 mile is considered to approximate a comfortable walking distance to the station, mixed-use housing, as recommended in the draft TUC Plan, will extend much further rrom the station. In short, the proposed code changes are well within the scope of changes being proposed by the draft ruc Plan. The project will undergo Board of Architectural design review. Comprehensive Plan policies support mixed-use residential housing in this area because it adds to the overall economic vitality ofthe City; provides quality housing for the community; and links transportation and land use in a way that encourages non-auto transportation choices for residents. The following policies support this amendment: Community hnage · 1.8.1: Restructure zoning ordinance to allow mixed uses along designated transportation corridors. 1.9.1: The Tukwila Urban Center shall be developed as a high-intensity retail, commercial or light industrial area of regional significance, with mixed use residential uses Housing · 3.1.1: Provide sufficient zoned housing potential to accommodate future single- and multi-family households. 3.1.3: Provide zoning capacity within the Tukwila Urban Center for housing units. · 3.2. 7: Encourage a full range of housing opportunities for all population segments by actions including, but not limited to, revising the Tukwila development codes as appropriate to provide a range of housing types. · 3.4.2: Assist in providing residents of the community with the human services and transportation they need in order to avail themselves of housing opportunities. Tukwila Urban Center · 10.1.4: Allow residential in proximity to water amenities or within walking distance of the Sounder Commuter Rail/Amtrak Station, subject to special design standards. · 10.2.10: Actively promote development in the Tukwila Urban Center by supporting existing uses, expanding the range of allowable uses, developing design guidelines, 1 ruc Subarea Plan, Admin Draft - Version 2, December, 2004, page 10, Q:\current\Tukwila Station\code amendments\PC STAFFRPT.DOC Page 3 increasing amenities, adopting workable regulations, investing in public improvements; and proactively developing programs and incentives to attract new businesses, investing in infrastructure and public amenities, and encouraging business owners and developers to investing in the quality of both the built and natural environment. Transportation · 13.3.8: Continue to encourage the use of rideshare, transit, bicycle and evolving technological transportation improvements. · 13.4.15: Encourage transit-oriented uses and development patterns in the vicinity of high-capacity transit stations, ill summary, the amendment allows TOD residential development within 'l4 mile walking distance ofthe station, as proposed in the draft TUC Plan. However, other existing development standards (ie: landscaping) do not change. Impact to Surrounding Property Existing development in the area within 'l4 mile of the rail station is commercial and industrial in nature. Impacts to the surrounding properties would generally be the same as those anticipated under the existing code. Alternatives to the Proposal Alternatives include: 1) Wait to adopt zoning changes until the Final ruc Plan is completed. Under this scenario, the City loses the opportunity to 'jump-start" the area around the station by attracting a quality residential development now. 2) Adopt other transit-oriented development-related changes proposed in the draft ruc plan. This was not considered because it seems rational that the City should view multiple changes to the district's standards in the context of the entire TUC Plan. 3) Adopt the discussed amendment, but within a shorter distance of the station. Although this was initially considered. It was thought that limiting it to a smaller area would unnecessarily compromise other TOD development opportunities that may arise before the ruc Plan is adopted. FINDINGS Under the existing TUC zoning, urban-density commercial development is allowed in this area, but residential cannot be a component. Under existing zoning, residential mixed use is only allowed within 500 feet of a water amenity. The draft Tukwila Urban Center Plan proposes a change in the type of use allowed in this area and in surrounding areas. Part of this change is that TOD residential development be allowed in and beyond the area in question. The main difference between the proposed amendment and the Q:l.current\TulC\\~la Station\code amendments\PC STAFFRPT.DOC Page 4 TUC Plan's treatment of the area is that this amendment limits mixed-use residential development to a ~ mile distance from the Rail station property. Mixed-use residential development, as recommended in the draft ruc Plan, will extend much further from the station. CONCLUSION This amendment is intend to add language to the TUC District section of the Tukwila Zoning Code that would allow mixed-use TOD residential development within a ~ mile distance ttom the Rail station property. This change is supported by current comprehensive plan policies and is well within the scope of changes being proposed by the draft TUC Plan. STAFFRECO~NDATION Review the proposed code change and make forward to the City Council. Q:\current\Tukwila Station\code amendments\PC STAFFRPT.DOC Page 5 F 1VIIivoiIrmmi. IIIIMI1 'IIIAGIIIIIPIdt• II ..1, j•.G PIO IIdIIIIIIIIIIIi' oo • I'�IUI11 Ilu IillVlnioli id ■iih11111 11114110117 uiummi1N i Arch,Iecturu & PlanNnO ma rullo0pe Moul A/CNIYclr• P.S, Inc. 193.3& 47In Aviv, N.E. Soonw. WA 04155 (206) 4400330 FAX 002.4061 TUKWILA STATION A mixed used residential project for Pacific Commerical Properties 4 f 10 11' o South Elevation Ocr. IJ. 2061 DRAFT ATTACHlVIENT B Chapter 18.28 TUKWILA URBAl'\" CENTER (TUC) DISTRICT Sections: 18.28.010Purpose 18.28.020Pennitted Uses 18.28.030Accessory Uses 18.28.040Conditiona1 Uses 18.28.050Unclassified Uses 18.28.060On-Site Hazardous Substances 18.28.070Design Review 18.28.080Basic Development Standards 18.28.010Purpose This district implements the Tukwila Urban Center Comprehensive Plan designation. It is intended to provide an area of high-intensity regional uses that include commercial services, offices, light industry, warehousing and retail uses. Development is intended to be pedestrian- friendly, with a strong emphasis on a safe and attractive streetscape. (Ord. F.'x ~ lq13.H). Fn.') 18.28.020Pennitted Uses The following uses are pennitted outright within the Tukwila Urban Center district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercia11aundries. 11. Commercial parking, provided it is: 1 a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type ill landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Day care centers. 17. Financial: a. banking; b. mortgage; c. other services. 18. Fix-it, radio or television repair shops/ rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. hldustries involved with etching, film processing, lithography, printing, and publishing. 25. hlternet data/telecommunication centers 26. Laundries; a. self-serve; b. dry cleaning; c. tailor, dyeing. 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and/or packaging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 29. Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs. 30. Manufacturing, processing, and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 31. Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, a=d recording equipment. 32. Medical and dental laboratories. 33. Mortician and funeral homes. 34. Motels. 35. Offices, including: a. medical; b. dental; c. government; excluding fIre and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 36. Outpatient, inpatient, and emergency medical and dental. 2 37. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 38. Pawnbrokers 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities (commercial- indoor) athletic or health clubs. 43. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and certain trucks). 45. Restaurants, including: a. drive-through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 46. Retail sales of furniture, appliances, automobile parts and accessones, liquor, lumberlbuilding materials, lawn and garden supplies, fann supplies. 47. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 48. Schools and studios for education or self improvement. 49. Self-storage facilities. 50. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter ofthis title. 51. Studios - art, photography, music, voice and dance. 52. Taverns, nightclubs. 53. Telephone exchanges. 54. Theaters, excluding "adult entertainment establishments", as defined by this Code. 55. Warehouse storage and/or wholesale distribution facilities. 56. Other uses not specifically listed in this Title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. c. consistent with the stated purpose of this district; and consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 202 i <4. 2003: Orc!. 198i1 >9. 2DO I: Ord. 1974 :~5. 2001: Ord. 19-1 ~12. 2001: Orc!. lS30 ~20. 199:): Ord. IS)"'; E 199~: Ord. 175S ~hparfi. 1':J(5) l8.28.030Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila Urban Center district. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC 18.50.060. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved condi- tional uses such as churches, universities, colleges or schools. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupation. 3 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 1 8.28.040 Conditional Uses The following uses may be allowed within the Tukwila Urban Center district, subject to the requirements, procedures, and conditions established by the Conditional Use Pennits chapter of this title. 1. Amusement parks. 2. Bed-and-Breakfast lodging; must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Dwelling - Multi-family units (max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed-use development that is non-industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 8. Transit-oriented development housing (which Is allowed to 65 units/acre as a mixed-use development that is non-industrial in nature): must be located on property adiacent to and not greater than 1500 teet fi:om the Sounder Commuter Rail/Amtrak Station properh'. &2. Drive-in theaters. 910. Electrical substations - distribution. Wll. Fire and police stations. -1-1-12. Hospitals, sanitariums, or similar institutions. l3~. Manufacturing, processing and/or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand-forging. l::!~. Park and ride lots. 1~4. Radios, television, microwave, cellular or observation stations and towers. lQ~. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 116. Schools, preschool, elementary, junior or high schools, and equivalent private schools. (Ord. 186.5 ~3-L 1999; Ord. 1830 ~2L 1998: 01"d. 175::; ~lIpartL 19(5) 18.28.050UncIassified Uses The following uses may be allowed within the Tukwila Urban Center district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, UncIassified Use Pennits. 1. Airports, landing fields and heliports (except emergency sites). 2. Conversions of rental multi-family structures to condominiums or owner-occupied multi- family housing, but excluding the construction of new condominium or owner-occupied multi-family housing. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Envi- ronmental Policy Act, determines are significant environmental actions. 4 6. Mass transit facilities. fOrd. 199] ~4. 2002; Ora. 1976 ~S!. 2001: OrJ. 18G5. ~'35. 1999: arc!. 1758 ~](panL ]9(5) 18.28.0600n-Site Hazardous Substances No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be pennitted, unless clearly incidental and secondary to a pennitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC Chapter 21.08.) (Ord. 1'58 ~1(part). 199::') 18.28.070Design Review Design review is required for all commercial structures larger than 1,500 square feet, and for all structures containing multi-family development. Commercial structures between 1,500 and 2,500 square feet and multi-family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet.,. (See the Board of Architectural Review chapter of this title.) (Ord. 2c'05 ~(). 21)(J2: Ord. 1758 sl(partJ. 1995) 18.28.080Basic Development Standards Development within the Tukwila Urban Center district shall confonn to the following listed and referenced standards: TUC BASIC DEVELOPMENT STANDARDS Lot area per unit (multi- 2,000 sq. ft. farrrily,exceptserUor citizen and TOD), llllll1D1um Setbacks to yards, minimum: . Front I 15 feet . Second front I 15 feet . Sides I 10 feet I . Sides, ifany p01TIOn of the yard is within 50feet ofLDR, I MDR, HDR - lstfloor 10 feet - 2nd floor 20 feet - 3rd floor 30 feet . Rear 10 feet I . Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR - 1st floor 10 feet - 2ndfloor 20 feet - 3rdfloor 30 feet Height, maximum I 115 feet Landscape requirements, minimum See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapterforfitrther requirements 5 ,. Front 15 feet; required landscaping I may include a mix of plant I I materials, pedestrian amenities i and features, outdoor cafe-type ! seating and similar features, i i subject to approval as a Type 2 i special permission decision. I i . Sides None i . Sides, if any portion of 10 feet the yard is within 50 feet of LDR, MDR, HDR . Rear None . Rear, if any portion of 10 feet the yard is within 50 feet of LDR, MDR, HDR Recreation space 200 sq. ft. per dwelling unit, 1,000 sq. ft. min. Recreation space, senior 100 sq. ft. per dwelling unit I citizen housing Off Street Parking I . Residential (except See TMC Chapter 18.56, Off senior citizen housing) street ParkingILoading Regulations . Office I 3 per 1,000 sq. ft. usable floor area minimum j . Retail I 4 per 1,000 sq. ft. usable floor . . I I. Manufacturing I. Warehousing . Other uses, incl. senior citizen housing area illllllillUIll I per 1,000 sq. ft. usable floor area illllllillUIll I per 2,000 sq. ft. usable floor area illllllillum See TMC Chapter 18.56, Off- street ParkingILoading Re lations I per one bedroom unit 7 per unit with nyo plus bedrooms . TOD hOllsillf!. Performance Standards: Use, activity and operations within a structure or a site shall comply with (I) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. (C)rd. 1976 ~-5(L .2001: ()rd. 1;:';-2 ~-. 199q: ()rd. 1830 199~~--: OiJ. 1'-~? ~1(p~1rIL :005"j 6 Community and Parks February 15,2005 ....,"'"''''' * 4. Zoning changes to amend TUC zoning at TOD The Lodging Tax Advisory Board (L TAB) owns some land near 1-405 in the northern most section of the transit-oriented development area (TO D) near Interurban. A proposal for a large mixed-use project south of the City property has come in. Zoning changes are needed to allow that. The Committee talked about whether the parking requirements were adequate to accommodate all the cars that would be part of the development. Requiring one car per bedroom helped with the condo/apartments. A conditional use design review will be used on the project. The financial implications for the city include the fact that the general fund now "OWTIS" the property, and the City has been receiving money from the L T AB to payoff the debt. Land is needed for future rail lines on the east side of the condo development, and most of the city's land too would be needed if the Burlington Northern railroad tracks were switched from the west side of the TOD to the east side. The city would lose the L T AB funds, but Kevin explained that Lodging Tax was really part of the City, too, so it is not such a major loss. Jack said the City is trying to acquire the space for the tracks move now, so it will be there when the move is needed for the Strander street extension. This may not happen for 10-15 years. The Committee asked for more clarification of both the land swap and the financial implications involved. Recommend to CO\v. -\ 7. Macadam Winter Garden Bruce and Paul introduced Michael Brown, who is part of the team working on the winter garden. Michael talked about their plan, which satisfied criteria from winter beauty and interest, to low maintenance, tree removal and planting, and safety. About 14 3' trees would go along the street, and 60 more trees within the park. Bruce said the plan was stellar, but the city funds could not afford the $275k cost. To make it affordable Bruce will take $80,000 from Phase II of Cascade View Park, saying his staff has said they can do most of the work themselves. That brings city funding to $240,000, and if a water feature is cut, the rest of the plan could be implemented. Take plan to Council. 8. Fourth Quarter Reports There were no problems with the fourth quarter reports. Information. ~ t"'-~ Committee chair approval COUNCIL AGENDA SYNOPSIS 'VILA s�k Initials ITEM NO. P 4 Meeting Date I Piepa ed by I Mayor'.; review I Council revien' q tr z; March 28, 2005 S 7gp'8 ITEM II4 ORMATION sv, CAS NUMBER: 05-044 I ORI IN_\L AGENDA DA T] 3 AGENDA ITEM TITLE Adoption of a proposed amendment to the current TOD moratorium ordinance. The amendment would provide a moratorium exemption for residential mixed -use TOD within one quarter mile of the Sounder Commuter Rail /Amtrak Station. CATEGORY Discussion Motion Resolution X Ordinance Bid Award Public Hearing 1 Other Mtg Date llftg Date Mtg Date illtg Date Mtg Date Mtg Date LQ5 dltg Date SPONSOR Council Mayor Adm Svcs X DCD Finance Fire Legal P &R Police PTV SPONSOR'S Council must decide whether to amend the current ordinance to specifically exempt SUMMARY mixed -use residential TOD from the Longacres TOD moratorium REVIEWED BY ❑COw Mt ❑CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAVE;: RECOMMENDATIONS: SPONSOR /ADMIN. Recommend adoption of the proposed ordinance amendment COMMITTEE ICOST IMPACT FUND SOURCE! EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $None Fund Source: Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 3.28.05 Memo to TCC RE: Adoption of amendment to TOD moratorium ordinance. 3.28.05 Proposed ordinance amending Ordinance No 1996 Community Affairs Parks Cmte Mtg Minutes dated 2/15/05 (COW Meeting Minutes from 2/28/05 will be available at Monday's mtg excerpt only) City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director TO: From: Date: Subject: Tubvila City Councilmembers Steve Lancaster, DCD Director March 22, 2005 Adoption of amendment to TOD moratorium ordinance. The amendment would provide a moratorium exemption for residential mixed-use TOD within one quarter mile of the Sounder Commuter Rail! Amtrak Station. Background In late 2004, a developer approached DCD with a proposal for a mixed-use residential project, to be constructed within the Transit-Oriented Development (TOD) area of the Tukwila Urban Center. Tubvila Station, a 300 unit multi-family condominium development ,vith 5,000 square feet of retail, would be located on the property north of Longacres Way and the Sound Transit Commuter/Amtrak Rail Station, between the UP and BNSF railroad tracks. This "pilot: project" would constitute a significant first step towards achieving our land use and transportation goals for the TOD area and the TUC Subarea Plan. In January 2005, Council renewed a six-month moratorium on the acceptance of certain land divisions and land use decisions within the transit-oriented development (TOD) planning area surrounding the Sounder Commuter Rail/Amtrak station (see Figure 1). The moratorium was intended to preserve land available for development or redevelopment and restrict land uses that do not implement the vision for the area until land use and transportation plans and regulations supporting the TOD at the station are in place. Related Legislation In January and February of2005, the CAP and COW committees reviewed an amendment to TUC zoning regulations that would allow the type of use envisioned by the Tukwila Station proposal. The proposed amendment would change the TUC zoning regulations to allow residential mixed-use TOD within one quarter mile of the Rail station property. In February and March, the CAP and COvV committees were also been briefed on two conceptual agreements concerning the Tubvila Station proposal. The first agreement involves a mutually beneficial land exchange with the Tukwila Station proponent. The second agreement is a development agreement for the Tubvila Station proposal. The land exchange, the TUC code amendment and the moratorium amendment will be the subject of public hearings to be held on March 28. The development agreement is not subject to a public hearing, but will be discussed at the March 28 Tukwila City Council meeting. 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 Why Amend the Moratorium Now? The proposed Tukwila Station project is anticipated to be ready for building pennit application sometime in April, before the moratorium expires. During the January review of the moratorium renewal legislation, staff felt that the conceptual proposal could proceed without a specific exemption. However, upon further review, Tukwila City Attorney Shelley Kerslake believes it would be prudent to add an exemption specifically exempting any residential mixed-use TOD occurring within ~ mile of the Sounder Station. This action will leave the moratorium in place, but more clearly define what is allowed under the moratorium Staff Recommendations The proposed ordinance will specifically allow residential TOD within a limited area in the Tukwila Urban Center. Staff recommends forwarding this amendment to the regular Tukwila City Council meeting on April 4. This schedule will allow the Council to address all items related to Tukwila Station during the April 4 meeting. j r. I i 1 l t. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1996, AS RENEWED BY ORDINANCE NOS. 2054 AND 2081, ADDING AN EXEMPTION PROVISION TO THE SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT- ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIL/AMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila adopted Ordinance No. 1996 on September 16, 2002 establishing a six-month moratorium on the acceptance of applications for certain land divisions and development activities and land uses within the area designated for transit- oriented development around the temporary Commuter Rail /Amtrak Station at Longacres; and WHEREAS, the moratorium established by Ordinance No. 1996 was renewed by Ordinance No. 2054 on July 19, 2004 and No. 2081 on January 18, 2005; and WHEREAS, to accommodate a pending development opportunity, the City desires to provide for an exemption to the moratorium for residential mixed -use transit-oriented development projects within one quarter mile of the Sounder Commuter Rail /Amtrak Station property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2054 Amended. Ordinance No. 1996, as renewed by Ordinance Nos. 2054 and 2081, is hereby amended by the addition of a new Section. All other provisions of these moratorium ordinances shall remain in full force and effect as adopted. The new Section shall read as follow: Minn h Fxemptinn. Residential mixed -use transit- oriented development projects within one quarter mile of the Sounder Commut Rail /Amtrak Station property are specifically exempted from this moratorium. Section 2. 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 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 2005. 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 DatP Office of the City Attorney Ordinance Number Moratorium Exemption 3t25105 Page 1 of 1 Community and Parks February 15,2005 .-.-'---,~ * 4. Zoning changes to amend TUC zoning at TOD The Lodging Tax Advisory Board (L TAB) owns some land near 1-405 in the northern most section of the transit-oriented development area (TOD) near Interurban. A proposal for a large mixed-use project south of the City property has come in. Zoning changes are needed to allow that. The Committee talked about whether the parking requirements were adequate to accommodate all the cars that would be part of the development. Requiring one car per bedroom helped with the condo/apartments. A conditional use design review will be used on the project. The financial implications for the city include the fact that the general fund now "owns" the property, and the City has been receiving money from the L T AB to payoff the debt. Land is needed for future rail lines on the east side of the condo development, and most of the city's land too would be needed if the Burlington Northern railroad tracks were switched from the west side of the TOD to the east side. The city would lose the L TAB funds, but Kevin explained that Lodging Tax was really part of the City, too, so it is not such a major loss. Jack said the City is. trying to acquire the space for the tracks move now, so it will be there when the move is needed for the Strander street extension. This may not happen for 10-15 years. The Committee asked for more clarification of both the land swap and the financial implications involved. Recommend to CO\V. \ .' 7. Macadam Winter Garden Bruce and Paul introduced Michael Brown, who is part of the team working on the winter garden. Michael talked about their plan, which satisfied criteria from winter beauty and interest, to low maintenance, tree removal and planting, and safety. About 14 3' trees would go along the street, and 60 more trees within the park. Bruce said the plan was stellar, but the city funds could not afford the $275k cost. To make it affordable Bruce will take $80,000 from Phase II of Cascade View Park, saying his staff has said they can do most of the work themselves. That brings city funding to $240,000, and if a water feature is cut, the rest of the plan could be implemented. Take plan to Council. 8. Fourth Quarter Reports There were no problems with the fourth quarter reports. Information. ~ j""'--./ Committee chair approval COUNCIL AGENDA SYNOPSIS o,: y�' rnitial� ITEMNO. 1 1 4 .4 9 1 1 AVIeetinx Date Prepared by Mayor's review Council review 0 1 03/28/05 1 SK I. I `LL 5 C 1 1 ITEM INFORMATION I CAS NUMBER: 05-045 I ORIGINAL AGENDA DATE: 03/ 28/05 AGENDA ITEM TITLE Interlocal agreement for hearing examiner services CATEGORY Discussion Motion 'Resolution Ordinance Bid Award Public Hearing Other Mtg Date 3/28/05 Mtg Date Ilitg Date ilitg Date Mtg Date illtg Date Aitg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Ply SPONSOR'S An interlocal agreement with the City of Seattle to provide hearing examiner services for J SUMMARY the City of Tukwila. RL :vI EwED BY COW IVItg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 03/15/05 RECOMMENDATIONS: SPONSOR /ADMIN. Forward to Council meeting for approval. COMMITTEE Forward to COW meeting. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: MTG. DATE I RECORD OF COUNCIL ACTION I I MTG. DATE ATTACHMENTS 03/28/05 Staff report (to CA &P Cmte) from Shelley Kerslake dated 3/8/05 (with attachments) Proposed contract signed by the City of Seattle Minutes from Community Affairs Parks Cmte dated 3/15/05 INFORMATION MEMO To: From: Date: Subject: Project No. Community Affairs and Parks Committee Shelley Kerslake March 8, 2005 Hearing Examiner Services ISSUE Whether the City should enter into an Interlocal Agreement with the City of Seattle for Hearing Examiner services. BACKGROUND In late 2004 the City of Tukwila was approached by the City of Seattle inquiring if the City was in need of Hearing Examiner services. They sent us a proposal that is attached to this memo. DISCUSSION/ANAL YSIS/ ALTERNATIVES The Seattle Hearing Examiner will provide these services at a rate of$70.00 per hour. We currently pay $100.00 per hour for hearing examiner services and $37.50 per hour for clerical services. In addition, unlike the current examiner, Seattle is willing to conduct the required hearings at City facilities, at no additional charge. This should prove more efficient for City staff and witnesses. Most importantly, both Seattle Hearing Examiners are very experienced and enjoy a good reputation in the legal community. This proposal would not tenninate our contract with other hearing examiners and we would continue to use Park Eng as our Hearing Examiner for Drug Forfeiture cases, given his specialized experience in those matter. This contract would allow the City more flexibility to provide Hearing Examiner and Pro-tern Hearing Examiner services. RECOMMENDATION Adoption ofthe City of Seattle Hearing Examiner Interlocal Agreement. Attachments: Proposed Contract Scope of Services Available from Seattle Office of Hearing Examiner We can provide a full range of hearing examiner services but will tailor them to Tukwila's needs. General coordination We would meet with the appropriate Tukwila staff at the outset of our tenure, to ensure a coordinated and efficient working relationship. Your staff can contact our office at any time. Hearing services Prior to the hearing, the examiner would review the department project file, including any department decision on appeal, and any pre-filed exhibits. The examiner would review the applicable code and ordinance provisions and rules, and any prehearing briefs or memoranda. When appropriate, we would hold prehearing conferences and/or rule on prehearing motions. In the interests of continuity and predictability, we would like to be able to review previous decisions in similar Tukwila cases. We would conduct the hearings in accordance with Tukwila's established schedule, and would also hold any additional hearings that were necessary, either during the day or the evening. As part of the hearing process, we would administer oaths, receive evidence, rule on motions, and otherwise manage the hearing to be fair and efficient, and to ensure that the record is complete. In most cases involving a land use decision, we would visit the site. Written decisions and recommendations would be issued within the time limits set by Tukwita, and in the City's established decision format. Related services We will provide you with a printed annual report of the hearing examiner's work, including case statistics, and if desired, would meet annually with the City Council and/or Mayor and City Administrator to review the year's decisions and trends, and receive feedback on the decision process. We are also available for meetings with staff on hearing-related issues, periodic trainings on land use issues and recent legal developments, assistance in developing or revising procedural hearing rules, and to review and comment on proposed land use and hearing-related legislation. These services are included in our basic hourly rate. Our support staff can provide additional assistance, such as mailing out orders and decisions, providing decisions in HTML/web page format for up-loading to the City's web site, and other tasks you may request. Our office is staffed with support personnel who are thoroughly familiar with all aspects of the hearing examiner process. We employ a paralegal who assists with prehearing and post-hearing work, and is available to assist with Tukwila hearings if needed. We also have a staff analyst and an administrative assistant who handle all other support functions for the examiners in our office. The office is open and staff is available to assist you every business day from 8 a.m. to 5 p.m. EMPLOYMENT mSTORY September 2003 to present January 1995 to August 2003 1980 to 1995 SUE A. TANNER 618 Second Avenue, Room 1320 Seattle, Washington 98104 (206) 684-0703 (work) CITY OF SEATTLE HEARING EXAMINER The position serves as the City's principal hearing officer and administers the Office of Hearing Examiner. Conduct quasi-judicial hearings and issue written decisions and recommendations within defmd time limits in a wide range of subject areas, including land use and environment, tax, landmarks and special districts, civil service, licensing, and health code and public nuisance enforcement. Draft and update hearing rules and procedures and corresponding office procedures. Mana~e a small office and supervise staff which includes a deputy hearing exammer. KITSAP COUNTY PROSECUTING ATTORNEY'S OFFICE, CIVIL DIVISION Civil Division Chief and Senior Civil Deputy Managed the civil and child support divisions of the office, supervising the work of 12 attorneys. Prepared and implemented the division budget and prepared the annual report. Handled communications with the press. Defended the county in cases in state courts and before administrative bodies, including the Growth Management Hearings Board, Shorelines Hearings Board and Kitsap County Hearing Examiner. Performed land use legal work for the department of community development and the county commissioners, and other legal work as needed. SNOHOMISH COUNTY PROSECUTING ATTORNEY'S OFFICE, CIVIL DIVISION Deputy and Senior Civil Deputy General practice in local government law and litigation, with a heavy concentration in land use, constitutional and administrative law and litigation during the last 10 years. At various times, advised the department of planning and community development, hearing examiner, planning commission, county council and parks department. Head of Land Use Section for last five years. Litigation experience at all levels of state court and in administrative forums, including the Growth Management Hearings Board, Shorelines Hearings Board, Department of Ecology administrative appeal hearing and quasi-judicial hearing before the Everett City Council. 1973 to 1975 EDUCATION PROFESSIONAL AFFILIATIONS AND ACTIVITIES PRESENTATIONS ASSISTANT PERSONNEL DIRECTOR COLUMBIA UNIVERSITY LIBRARIES New York, New York Responsible for interviewing and screening job applicants, providing employee orientation, planning and implementing staff development programs and assisting in budget preparation. SOUTHERN METHODIST UNIVERSITY SCHOOL OF LAW (Dallas, Texas) J.D. Degree, 1978 Southwestern Law Journal: Editor; Publications at 31 Sw.L.J.1097(1977) and 30 Sw.L.J.950(1976) Dallas Bar Association Award: Best Comment Published in an SMU Law Journal (1977) Barrister Award: Best Written Brief in conjunction with Moot Court Competition WHITMAN COLLEGE (Walla Walla, Washington) B.A. Degree with major in political science, 1973 Washington State Bar Association Environmental and Land Use Law Section Member of the Executive Committee 1990-1993 Administrative Law Section American Bar Association Urban, State and Local Government Law Section "Ethical Issues - Protecting Client Confidences in the Electronic Age and the Public Process, " Law Seminars International, GMA - Challenges & Solutions 2002 "Resource Lands and Open Space - Rural Resource Lands," Law Serminars International, Gro"wth Management Act: Growing with GMA into the next millennium (1999) "Defending Sensitive Areas Regulations," Law Serminars International, Owning and Using Sensitive Areas (1994) "The Role of the Government Attorney in Land Use Hearings" (Roundtable), May, 1991 Hearing Examiners' Conference "The Public Duty Doctrine - Defending Your Jurisdiction," June, 1984 Conference, Washington Association of Prosecuting Attorneys - ANNEJ. WATANABE Experience Deputy Hearing Examiner City of Seattle, 1995 to present Conduct administrative hearings and issue written decisions or recommendations. Caseload includes land use and environmental decisions; code enforcement appeals; tax appeals; license suspension appeals; fair housing and employment discrimination complaints; and other matters prescribed by the City's Codes. Legal Planner City of Bellevue 1993 to 1995 Legal advisor to the City's planning and development department. Represented the department at administrative appeal hearings before the hearing examiner, board of adjustment, and City Council. Also provided staff support to the planning commission, City Council committees, and other City advisory committees. Wrote formal Director's interpretations of the land use code; drafted revisions to the City's codes; and provided information to staff and the general public regard the City's codes. Planner City of Kent, 1990 to 1992 Administered City land use codes and policies. Worked with elected officials, staff, and the public to draft comprehensive plan language, land use codes, and shoreline master program. Represented the planning department before the hearing examiner, planning commission, and City Council. Served as staff to the planning commission and other citizen boards and advisory groups. Environmental Planner Department of Ecology, 1988 to 1990 Policy planner within the Department's hazardous waste cleanup section. Developed policies and regulations to implement state hazardous waste laws. Also assigned to the Puget Sound Water Quality Authority to develop water quality policies for state agencies. Other experience: Attorney, private practice Conservation Planner, The Washington Nature Conservancy Managing editor, Butterworth Legal Publishers Education: Juris Doctor, University of Washington, 1981 Master of Urban Planning, University of Washington, 1988 Bachelor of Arts, Pacific University (Oregon), 1977 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF SEATTLE FOR HEARING EXAMINER SERVICES THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant to the lnterlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between the City of Tukwila ("Tukwila") and the City of Seattle, acting through its Office of Hearing Examiner ("Seattle"), for Tukwila's utilization of Seattle's hearing . . exammer services. WHEREAS, Tukwila is in need of the services of a hearing examiner; and WHEREAS, Seattle has the experience, personnel, and willingness to provide hearing . . exammer services; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between Tukwila and Seattle as follows: 1. Statement of Purpose. The purpose of this Agreement is for Seattle to provide hearing examiner services to Tukwila. 2. Scope of Services. Seattle shall provide hearing examiner services for Tukwila as required by Tukwila. Tukwila shall provide all support services which include, but are not limited to, sending out notices to affected parties and copying and distributing the hearing examiner's decision. 3. Compensation. Tukwila shall pay Seattle $70.00 per hour for Seattle's hearing examiner services. Seattle shall not bill for travel time between Seattle and Tukwila. If Seattle is required to provide any copying services in the performance of this Agreement, Tukwila shall pay Seattle $.15 per page for the copies. 4. Method of Payment. Seattle shall bill Tukwila on a monthly basis for work performed. Within 30 days of receiving Seattle's invoice, Tukwila shall issue a check to Seattle for services rendered. 5. Scheduling Services. Seattle's hearing examiner services shall be scheduled on a case-by-case basis. Tukwila shall contact Seattle to schedule appropriate dates and times. 6. Hearing Location. Hearings shall be held at Tukwila City Hall. Tukwila shall provide the necessary recording equipment in order to record the hearing. The hearings may be held in the day or evening as required by Tukwila. 7. Hearing Decision. Hearings shall be conducted in compliance with the Tukwila Municipal Code. Upon conclusion of the hearing, Seattle shall issue -1- 13. Administrator. No administrator is needed for this Agreement. 14. Manner of Acquiring, Holding, and Disposing of Real and Personal Property. No property is needed for this Agreement. 15. Notices. All notices required or permitted pursuant to this Agreement shall be addressed as follows: City of Seattle Office of Hearing Examiner: Office of Hearing Examiner 618 Second Avenue, Room 1320 Seattle, W A 98104 City of Tukwila: Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. Steven M. Mullet, Mayor Dated: CITY OF SEA TILE OFFICE OF HEARING EXAMINER -d~~~ Sue A. Tanner, Hearing Examiner Dated: 3 1[0'/0<.5- CITY OF TUKWILA Approved as to Form: Tukwila City Attorney ,.., -.J- Community Affairs and Parks Committee March 15,2005 Present: Joe Duffie, Chair, Joan Hernandez, Dennis Robertson Rhonda Berry, Peter Beckwith, Jack Pace, Steve Lancaster, Kathy Stetson, Nora Gierloff, Moira Bradshaw, Derek Speck, Lucy Lauterbach 1. Update on Code Enforcement Kathy gave a report on code enforcement issues for the past year. The highest numbers of complaints were received in the following categories: building, trash and vehicles. Kathy explained that Building Department violations have been incorporated in to the tracking system used for zoning and nuisance code violations, making follow up easier. She showed before and after picture~ of several major code violation cases which culminated in property being cleaned up and illegal'uses and derelict buildings removed. Forty-eight cases ITom 1999-2003 were also closed and three hundred and twenty new cases were opened and investigated in 2004. Kathy concluded by referring to the new International Property Maintenance Code, regulations for vehicle parking and storage, and tax lien ordinances as valuable tools for Code Enforcement to use. Information. * 2. Hearing Examiner Services The city currently contract with the City of Renton for Hearing Examiner Services. The City of Seattle has submitted a proposal to provide those services for us, and it appears that proposal holds several advantages for Tukwila. The Seattle examiner costs $70/hour compared to the Renton examiner cost of $1 OO/hour. Seattle is also willing to work evenings and weekends, which Renton would not do. Seattle will also hold hearings in Tukwila, another advantage over current practice. The committee members supported the change. Recommend interlocal agreement to COW. 3. Using Code Enforcement to Improve Housing Stock As a follow on to materials provided for the City Council retreat, DCD staff proposed options for improving the housing stock in Tukwila. The first decision the Council will make is whether to be pro-active or re-active in code enforcement. If the city is pro-active another decision will be which issues are most important to focus on, and whether the focus should be on one or two issues, or instead on cleaning up one geographic area for several issues. The City of Sea Tac has been pro-active in addressing some basic code violations. On other issues they are reactive. Tukwila is now reactive on all code violations, with properties being investigated only after a complaint is received. Kathy said that approach has resulted in addressing an issue at one house, while houses on both sides ofthat house may have the same violation, but not be the source of a complaint. The committee supported a more pro-active approach, though Joan hoped to use data from the housing study to substantiate where there are problems with the housing stock. Dennis said he would focus on trash and vehicles for both residential areas and multi-family units. He would like to focus on cleaning up deteriorated and poorly maintained apartments. The committee talked about joining forces with the police effort to clean up the area around S. l44th/Tukwila International Boulevard (TIB). COUNCIL A GENDI S vrvosis I o Initials ITEM No, J I ANA 7 Meeting Date Prepared by 1 Mayors review Council review 3/28/05 BG ,,t,r L ITEM INFORMATION CAS NUMBER: 05-046 I ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE Bid Award for construction of the Strander Blvd Upgrade Pump Station #17 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date tbltg Date ibltg Date Mtg Date Mg Date 3/28/05 flits Date Aft Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PWI SPONSOR'S The project was advertised on February 7 and 14, 2005 and nine bids were opened on SUMMARY March 1, 2005. The low bid from Prospect Construction made a math error and requested bid relief. The second lowest bidder, Americon, Inc. failed to enter a bid amount and also requested bid relief. The third low bidder, Frank Coluccio Construction submitted a bid with no errors or irregularities and references reported that Coluccio performs quality work. REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA1'I✓: 3/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to the Frank Coluccio Construction Co. COMMllTER Forward to COW and Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,566,424.00 $2,177,000.00 Fund Source: 412 Surface Water (page 122, 2005 CIP) Comments: Transferring $100,000 from GIS Inventory and $220, 000 from Annual Small Drainage Program MTG. DATE 1 RECORD OF COUNCIL ACTION 3/28/05 MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 9, 2005 Bid Tabulation Bid Relief Request Letters from Prospect and Americon Utilities Committee Meeting Minutes from March 22, 2005 1 INFORMATION MEMO To: Mayor Mullet Public Works Directo~ March 9, 2005 Strander Boulevard Storm water PumP Station #17 Road and Draina2e Improvements Project No. 86-DR01 Bid Award From: Date: Subject: ISSUE Award the bid for the Strander Boulevard Stonnwater Pump Station #17 Road and Drainage Improvement project to Frank Coluccio Construction Company, of Seattle, Washington, in the amount of $1,566,424.00. BACKGROUND The existing gravity conveyance system along Strander Blvd between Andover Park East and the Green River is undersized and flooding occurs during heavy rain and high river events. This project will install a new pump station at Bicentennial Park, a new larger conveyance system between the intersection of Strander Blvd/Andover Park East and the Green River, and abandon the existing stonn system and outfall to the river. ANALYSIS This project was advertised on February 7 and 14,2005. Nine bids were received and they were opened on March 1, 2005. The bids were checked and tabulated. Several minor math errors were found and corrected. The apparent low bidder, Prospect Construction, was notified of the results and asked to confinn their bid amounts. After further review, Prospect realized that they had made an $89,885 error by not including the cost for trench backfill in the unit price for pipe installation and requested bid relief for this project. Two errors were found with the second place bidder, Americon, Inc., in that they had failed to enter a bid amount for one of the bid items and they had not included tax within the individual bid items but had added tax to the overall project. These errors caused Americon's bid to be irregular and grounds for rejection by the City. Americon was contacted and they also requested bid relief from this project. Letters are attached. The third low bidder, Frank Coluccio Construction Company, submitted a bid with no errors or irregularities. References were checked on similar projects and all reported that Coluccio perfonned quality work and recommended them for this project. BUDGET A total of $1,520,000 was budgeted for construction of this project. This amount included $1,270,000 from the 412 fund and $250,000 from the Annual Streets Overlay and Repair Program in the 104 Fund. It is recommended that funding from other surface water projects be used to complete the construction this summer. The Strander project is of high importance; all pennits have been obtained from federal and state agencies, there are time constraints for construction within the river, and the pavement within the project is failing. Mayor Mullet Page 2 March 9, 2005 Funding would be obtained from the 2005 Annual Neighborhood Drainage Program ($220,000) and from the GIS Inventory ($100,000). The Neighborhooq Drainage Program would still fund the ditch enclosure along 4200 Ave S in Allentown as part of the Allentown/Foster Point Water and Sewer Improvement project and drainage improvements to 49th Ave S as part of the 2005 Overlay & Repair Program. The third phase of the GIS effort to map existing storm drainage systems would be delayed until later in the year unless funding allows an earlier start. BUDGET AND BID SUMMARY Design Engineering (PACE) Design Engineering Supplement (PACE) Construction (Coluccio) Annual Overlay & Repair Construction Engineering PSE Power Connection Pump Station Controller Panel Contingency (10%) Subtotal Transfer from GIS Inventory Transfer from Annual Drainage Program Total RECOMMENDATION Actual $ 192,745.00 18,425.00 1,566,424.00 204,386.00 6,000.00 30,000.00 156.642.40 $ 2,174,622.40 0.00 0.00 $ 2,174,622.40 Budeet $ 185,000.00 0.00 1,270,000.00 250,000.00 152,000.00 0.00 0.00 0.00 $ 1,857,000.00 100,000.00 220,000.00 $ 2.177.000.00 Award the construction contract to Frank Coluccio Construction Company in the amount of $1 ,566,424.00. attachment: Bid Tabulation Prospect Construction Bid Relief Request Americon, Inc., Bid Relief Request (p:Projects\A- DR Projects\86DROlllnfo Memo Bid Award Strander) R~~R~~;~; PH. (253) 939-9306 Fx. (2 53) B 52 - BOB B March 1, 2005 RECEIVED MAR 0 2 2005 TUKW/LA PUBLIC WORKS Bob Giberson Tukwila City Engineer City of Tukwila 6300 South center Boulevard, Suite 100 Tukwila, WA 98188 RE: Notice of Bid Error Strander Boulevard Stormwater Pump Station #~ 7 Project No. 86-DR01 . Dear Sir, After reviewing our bid for the Strander Boulevard Stormwater Pump Station #17, we have discovered a substantial error and request relief from our bid. During the preparation of our bid an error occurred which failed to total the cost of select backfill aggregates for the pipe items. The total of this error is $89,885.00. As backup we have attached the Excel spreadsheets used at bid time, marked "BID FORM", and corrected spreadsheets marked "CORRECTED". The detail sheets show bid item assemblies, which include materials, labor, equipment, rentals and subcontract costs for each item. The totals of these assemblies are linked to the corresponding cells on the summary sheet and then totaled for the project. We regret the need to request relief, but on a project of this size the error is insurmountable. Should you have questions or need further explanation please contact me at 253-939-9306. Sincerely, Prospect Construction ~~ Mike McFarland Attachment: PCI P.O. BOX B7B AUBURN, WA 9B071-0B7B FROM FAX` 42543266So 1.1 ir. 08 2005 02: 28PM Pi 1 t 1 i 1. t r I >i S. 3 March 8, 2005 to c4 q C Ryan Larsen C City of Tukwila CA Department of Public Works 0.300 Southcenter Blvd, Suite 100 VIA FAX: (206) 431 -3665 6 Tukwila, WA 98188 w a RE: Strander Boulevard Stormwater Pump Station No. 17 Project#: 86 -DROI Dear Mr. Larsen: r This letter is to notify you that an error was made when calculatigg the taxes in our bid on the referenced project. We respectfully request that our bid for that projc-;t be withdrawn. CA C We apologize for any inconvenience this may cause and look forward to working with you on c4 ftiture projects. ce °Iyi ki)cmoSti•-)L....._ 74' Earl M. Soushek esident U .i r I Ci e 0 C4 rn O .7 S V X r t W J 23 SE 272 Street, Maple 'Valley, WA 98038 Phone: (425) 432 -2444 Fax: (425) 432 -6698 Utilities Committee March 22, 2005 Present: Dave Fenton, Chair; Joan Hernandez, Jim Haggerton Jim Morrow, Frank Iriarte, Gail Labanara, Bob Giberson, Pat Brodin, Ryan Larson, Mike Ronda, Lucy Lauterbach * 1. Strander Blvd Storm Water Pump Station and Road Bid Award A project to replace the gravity storm drainage line along Strander Blvd between Andover Park East and the Green River is needed. Flooding currently exceeds the pipe's capacity, and a larger pipe will replace the current facilities and a new pump station will be built. Errors were found in the two lowest bid prices, so the third lowest bidder is the bid award recipient. Because the cost was higher than anticipated, funds from neighborhood drainage and future GIS mapping will be used to supplement the project budget. The contractor is Frank Coluccio and the cost is $1.566 million. Recommend bid award to COW and Reeular Meetines. 2 Strander Blvd. Storm Water Pump Station and Road Construction Services If they had time staff would supply the contract project management for this project. Due to their high workload, they negotiated an agreement with Penhallegon Associates for the work. Public Works already has a contract with Penhallegon to provide design. One supplement is for additional design work for $18,425 and the second supplement is for construction management for $204,386.00. Information only. 3. Cascade View Drainaee Improvement Proiect Both Water District 125 and Val Vue have projects they would like to do to coincide with the city's street and drainage work in Cascade View. The city has prepared interlocal agreements with both utilities. The city will incorporate the utility work into the city project for the Val Vue Sewer district, but the bid was too high for Water District 125, so they will be responsible for their own work. The two interlocal agreements spell out the responsibility of both utilities and the city's responsibilities. Recommend two interlocal aereements to COW and Council for approval. 4. Cascade View Draina2e Proiect Bid Award The Cascade View Drainage project was bid in February and early March of this year. Three bids were received, and the lowest bid was accepted. The project budget was $4~2 million, and the lowest bid was $3.96 million. SCI was the low bidder. The city has worked with this contractor on many projects throughout the city, including S. 134th, S. 160th and East Marginal Way. Val Vue Sewer work in Item 2 will be completed for $76,704 bringing the total bid award to $4,039,204.00. Recommend bid award to SCI Infrastructure for $4,039,204 to COW and RelWlar Meetines. 5. Cascade View Drainaee Construction Manaeement Services The city first had a contract with KPG for design of the Cascade View Drainage in 2003. The city staff will provide construction engineering for the project, and KPG will provide construction engineering assistance. Information only. COUNCIL AGENDA SYNOPSIS kJgs Initials ITEMNO. I k i k r�{ Meeting Date Prepared by 1 Mayor's review 1 Council review 1 w�.u� 3/28/05 BG 1 ('_k U 1 1908 ITEM INFORMATION CAS NUMBER: 05-047 j ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE Strander Blvd Upgrade Pump Station #17 Consultant Supplements with PACE CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mlltg Date Mfg Date Mtg Date Mtg Date: 3/28/05 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTf/ SPONSOR'S In December 2003, Penhallegon Associates, Inc. (PACE) began design of the Strander Blvd SUMMARY Upgrade Project. Final design is complete and the bid award for construction is underway. Two supplements are for PACE to perform construction management services for $204,386.00 and additional design work for $18,425.00, bringing the new contract total to $415,556.00. REVIEWED BY COW Mtg. CA &P Cmte 111 F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/22/05 RECOMMENDATIONS: SPoNsoR /ADMIN. Authorize Mayor to sign two supplements with PACE. COMMITTEE Authorize Mayor to sign supplements and forward to COW COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $415,556.00 $2,177,000.00 Fund Source: 412 Surface Water (page 122, 2005 CIP) Comments: See Bid Award memo for detail on budgeted amount. MTG. DATE j RECORD OF COUNCIL ACTION 3/28/05 1 MTG. DATE 1 ATTACHMENTS 3/28/05 Information Memo dated March 9, 2005 Consultant Supplements with Scope of Work 1 Utilities Committee Meeting Minutes from March 22, 2005 I j INFORl\rIATION MEMO To: Mayor Mullet Public Works Directo~ March 9, 2005 Strander Blvd Pipe Replacement Project No. 86-DR01, Contract No. 03-146 Supplemental Agreement No. 11 Budget Line Item No. 412/02.594.382.41.08 Supplemental Agreement No. 2/ Budget Line Item No. 412/02.594.381.41.08 From: Date: Subject: ISSUE Approve Supplemental Agreement Nos. 1 and 2 for Contract No. 03-146 with Penhallegon Associates, Inc. BACKGROUND Consultant Agreement No. 03-146 included project administration, environmental permitting, utility coordination, and fmal plans, specifications, and estimate (PS&E) for the Strander Blvd Pipe Replacement Project. Supplemental Agreement No.1 adds construction management and inspection services to the agreement. This supplement includes full-time construction inspection and project management with Entranco as a sub consultant to PACE, Inc. Supplemental Agreement No.2 includes additional preliminary engineering costs that have been incurred by the consultant due to time delays in securing Endangered Species Act (ESA) approvals, design of a new water quality device per requirements recently received from the US Fish and Wildlife Service, additional coordination meetings with City staff, and added coordination with the Corps of Engineers for permit approvals. ANALYSIS Supplement No.1 is required for contract project management due to extremely high workload of City staff, and construction engineering was included in the budget for this project. Additional design tasks outlined in Supplement No.2 were required to meet requirements of permitting agencies that were not anticipated in the original agreement. These changes included provisions for cultural resource monitoring during pump station excavation, a new water quality device sized for the entire existing basin, additional pump controls to allow shut off of the station at 12,000 CFS, and review with the Army Corps for changes proposed by the KC Flood Control District on pipe backfill materials. The project schedule was also extended from design completion in June of 2004 to a new completion date of February of 2005. RECOMMENDATION Approve Supplemental Agreement No.1 for $204,386.00 for construction management and inspection services and Supplemental Agreement NO.2 for $18,425.00 for additional permit-related design modifications. RLIBG attachments: Supplemental Agreement No. 1 Supplemental Agreement No.2 (p:Proj::ct:..1.A- DR Pmja;ts\86DROl\Suppfem:m Nos. 1 am 2) SUPPLEMENTAL AGREEMENT NO.1 to CONSULTANT AGREEMENT NO. 03-146 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City," and Penhallegon Associates Consulting Engineers, Inc., hereinafter referred to as "the Consultant," in consideration of the mutual benefits, tenus, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on November 12, 2003, and identified as Agreement No. 03-146. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services is hereby changed to include the attached Exhibits A-I, B-1, C-l and D-l. 2. Payment shall be amended as follows: Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $204,386.00 without express written modification ofthe Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is now $397,131.00. DATED this J. 'I day of 'NOV6M 13,-?1t ,2004 . CITY OF TUKWILA PENHALLEGON ASSOCIATES CONSULTING ENGINEERS, INe. Steven M. Mullet Mayor 1{~ 4b- /LJLu~ Kenneth .H. Nilsen, P .E. Vice -President EXHIBIT A-I City of Tukwila Strander Blvd. Stormwater Pump Station, Road and Drainage Improvements CONSULTANT AGREEMENT NO. 03-146 SUPPLEMENTAL AGREEMENT NO.1 Construction Services November 11, 2004 SCOPE OF WORK Penhallegon Associates Consulting Engineers, Inc. (PACE), will establish agreements with sub consultants to perfonn: Construction management services for the Strander Blvd. Stonnwater Pump Station and Roadway Improvement Project Electrical engineering support during construction and construction observation services. Geotechnical and natural resources engineering support during construction and construction observation services PACE will provide project management and administrative services between the City of Tukwila and the subconsultants. All construction management communications, as described in Exhibit B-1, shall be directed to the City and PACE, in order to keep the project manager and design- engineers aware of construction progress and issues which may arise. PACE will provide civil engineering services at the project site or from their office when required by the sub consultant or the City of Tukwila and will attend project meetings when requested. Services may include, but are not restricted to: a. Respond to unanticipated conditions that occur during construction. b. Review requests to change or modify the work shown in the plans and specifications. c. Attend preconstruction meeting, pump station startup, final walk-through, and other project meetings when requested by the City of Tukwila or the construction management subconsultant. d. Perfonn construction observation services for the pump station. e. Review shop drawings. f. Revise the original drawings and prepare record drawings and submit to the City, upon completion of the work, using available infonnation supplied by the Contractor and field personnel. Contractor-supplied as-built survey infonnation shall include roadway centerline profile grades at 50-foot intervals, horizontal and vertical locations of all catch basins, manholes or other significant structures. Provide one set of original red- ink on mylar record drawings, one set of bond copies and the AutoCAD record drawings on CD ROM The sub consultant scope of work and budget details are shown in Exhibits B-1, B-2, C-l, C-2, Dl, and D-2. Penhallegon Associates Project Name Project #: Staff Type # (See Labor Rates Table) Staff Type Hourly Rate Drawing/Task Title Consultant Agreement No. 03-146 Strander Blvd Stormwater Pump Station P03 980 Billing Group #:1 00 EXHIBIT A Location:ICity of Tukwila Task #.1 00I Project Budget Worksheet IPrepared By: Date: Labor Hours by Classification cr 11-Nov-04 Labor Code Pr Margmt1:'' ..0p$:opin,,• • rti; !,.0110). Hours Total Labor Total $135 $110 Principal Engineer 4 4 2 Eng Proj Mngr 16 32 16 26 2 $110 $85 $65 Eng Proj Mngr Sr Engineer 32 32 20 16 4 CAD Drafter I 32 $110 Principal Surveyor $100 Survey Proj Manager $85 $78 $130 $65 Project Survey Tech Surveyor 2 Man S Crew Project Administrator 2 Hour Total 0.0 32.0 22.0 64.0 20.0 48.0 38.0 16.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10.0 $1,350 92.0 $10,120 100,0 $11,000 4.0 $340 32,0 $2,080 0.0 $0 0.0 $0 0.0 $0 0.0 $0 0.0 $0 2.0 $130 $25,020.00 240.0 Expenses rate/unit Reimbursable Quantity ; Cost Total File: Revised Strander-CM Bdgt Wks 04.05rates.xls, CM Fee Worksheet $100.00 $50.00 $111.00 $80.00 $341 PACE Billed Labor Total Reimbursable Expenses Subconsultants Total Project Budge Rate Table Used: 2003-04 Billing Rates I Printed: 11/18/2004, 5:33 PM Exhibit B-1 City of Tukwila Strander Blvd. Stormwater Pump Station, Road and Drainage Improvements Supplement Number 1 Contract Number 03-146 Construction Services Scope of Work , November 11, 2004 Construction Services This work will provide construction services for the construction contract to complete the Strander Blvd. Stormwater Pump Station, Road and Drainage Improvements (hereinafter called "Project"). These services will include project management, inspection, and contract administration required during the construction of the project, as detailed below: Entranco, Inc. ("Consultant") will provide to Pace for the The City of Tukwila, Washington ("Client") construction services for Strander Blvd. Stormwater Pump Station, Road and Drainage Improvements A detailed scope for the Contract follows: I. INTRODUCTION The Consultant will perform the following scope of construction services on the Project. The scope of services and associated cost of services are based upon the assumptions outlined below. Assumptions: . The accompanying budget for the services detailed below is based on the services of one full-time- time resident engineer during a 120 Calender day or an approximate 4 month construction contract. An increase or decrease in the number of working days affects the time the resident engineer and related support staff will be required to work on the project. . The proposed project team will include a full-time resident engineer for the duration of the project, a part-time pipe and roadway inspector for an estimated 40 Calender days, and contract administration support throughout the project. . Mileage: Mileage will be charged on a round trip basis from our Bellevue office, unless staff are traveling directly to the site from locations closer than Bellevue. At no time will mileage be charged from locations beyond our Bellevue office. . Field office: The contractor is responsible for providing a field management facility. We assume this to included, at a minimum, providing a secure 240 square foot trailer, separate from the Contractor's field office and for the exclusive use of the Consultant and inspection staff. The field management facility will also be equipped with parking for 4 vehicles on a crushed gravel surface, stairs with handrails, weekly janitorial service, heat and air conditioning, electric lights, two separate phone lines, touch tone telephone with digital answering machine, plain paper fax machine (including toner cartridge), Operable windows with security bars, six square feet of shelving, 4 drawer filing cabinet, bulletin board, plan table (3' x 6'), copy machine (including toner), conference table (4'xS'), 6 stacking chairs, two desks, 2 office chairs with casters, 1 drafting stool, dead bolt or padlock on front door with 6 keys, sanitary facilities within 25 feet of office, and hand washing facilities. We also assume that the Contractor will include in their costs providing power and telephone service (local and long distance). Entranco will provide a desktop computer for use on the Project. The Contractor will add Entranco as strander ps Engranco Draft Scoperevised.doc Page 1 of4 additional insured during the course of construction in the event of theft, vandalism, or other incident(s) including 3rd party liability. II. DETAILED SCOPE OF WORK Task 1 - Project Management. Provide overall project management, coordination with the Client, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures, prepare invoice and submit project progress letter to the Client. (Note: See also Tasks 3 and 4, which include activities that may otherwise be considered project management tasks.) Task 2 - Preconstruction Services 2.1 Preconstruction Conference. The Consultant shall prepare an agenda for, distribute notices of the conference, and will conduct a preconstruction conference in the Client's offices. The Consultant's project manager, principal for construction services, and resident inspector will attend the preconstruction conference and will prepare a written record of the meeting. The consultant shall also distribute copies of the minutes to all attendees and affected agencies, staff, etc. 2.2 Provide one set of preconstruction photographs to the Client. Task 3 - Construction Services - Field 3.1 Provide the services of one full-time inspector/RE and supplemental inspectors for pipe, roadway, electrical, and other items, as needed, on the project site who will observe the technical conduct of the construction, including providing day to day contact with the Contractor and the Client. By providing such assistance, the Consultant shall assume no responsibility for proper construction techniques and job site safety. The presence of the Consultant's personnel at the construction site is for the purpose of providing to the Client a greater degree of confidence that the completed work will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction contractor(s). The Consultant's personnel shall act in accordance with Section 1-05.1 and 1-05.2 of the current WSDOT Standard Specifications. The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor(s), but cannot guarantee the Contractors' performance and shall not be responsible for construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the work performed by the construction contractor(s) and any subcontractors. 3.2 Prepare daily construction reports, utilizing Consultant report forms, detailing the contractors operations performed for each day the Consultant is on site; measure the quantities of materials installed, log equipment and staff used, and other items. 3.3 Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Contractor, including response to related questions from adjacent property owners and the general public. 3.4 Prepare field records and documents to help assure the project is administered in accordance with funding requirements. strander ps Engranco Draft Scoperevised.doc Page 2 of4 3.5 Provide periodic photographs during the course of construction. Photographs to be labeled with date taken and subject matter. 3.6 Contract with an independent laboratory material testing services (field sampling, sieve analysis, in situ density tests, extraction, rice density. A $ 7500 allowance has been included for testing services from an independent laboratory. 3.7 Punch list. Upon substantial completion of work, coordinate with the Client and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punch list' of items to be completed. This will be issued with the Certificate of Substantial Completion, which will be issued by the Consultant. Task 4 - Construction Services - Field Office 4.1 Day to day project management: liaison with Client on a regular basis to discus project issues and status. 4.2 Plan interpretations. Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. 4.3 Weekly meetings. Lead weekly meetings, including preparing meeting minutes and distributing copies of minutes to attendees. Outstanding issues to be tracked on a weekly basis. Contractor to provide a 3-week schedule of upcoming work at each meeting. 4.4 Record drawings. Review record drawings prepared by the Contractor and forward contractor red-lined set of drawings to the designer for drafting. 4.5 Monthly Pay Requests. Prepare monthly requests for payment, review with the Client and contractor and approve, as permitted. Utilize Client provided format for pay estimates, or Entranco format. Task 5 - Submittal Processing 5.1 Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other data submitted by the Contractor for compliance with the information required by the contract documents. Key submittals to be transmitted to the Designer (PACE) for their review. 5.2 Entranco shall review traffic control, schedule, and materials submittals provided by the Contractor. 5.3 Forward copies of submittals to the Client for their information and review. 5.4 Log and track submittals. Provide updates of log to the Client on a periodic basis. Task 6 - Change Orders 6.1 Change orders. Develop change orders and provide technical assistance to negotiate the change orders. It is assumed that there will be no more than 4 change orders, totaling up to 40 man-hours. (Note: Change orders that may affect facility performance will be transmitted to the Designer for review and concurrence.) Task 7 - Engineering Assistance The services described under this task, and any other additional services requested by the Client, will be performed up to 20 hours of labor as directed by the Client and included in this contract. Additional work above these 20 hours will be performed when authorized by the Client. Authorization to perform additional services will be in the form of an addendum to this agreement, specifying the work to be performed, estimated level of effort, and basis of payment. strander ps Engranco Draft Scoperevised.doc Page 3 of 4 7.1 Partnering Workshop. Organize and aid in conducting a partnering workshop to be attended by the relevant project stakeholders, including securing meeting space, retaining catering service, and securing the services of a trained partnering facilitator. 7.2 Provide any additional services resulting from changes in scope or design of the project due to circumstances beyond the Consultant's control. Changes include, but are not limited to, changes in size, complexity, the schedule, character of construction, or method of financing. 7.3 Provide survey crew to perform quality assurance of contractor provided survey work. 7.4 Provide record drawings on media other than described previously, including electronic or scanned images of the record drawings. Also, providing additional sets beyond what is specified above. 7.5 Assist the City with media communications of project status. The Consultant will coordinate media releases and traffic advisory updates if requested by the City. 7.6 Prepare and maintain a project web site showing current construction progress and traffic impacts. Task 8 - Peer Review 8.1 Provide 16 hours for peer review of final plans and specs with a letter report of findings and attend a meeting with PACE and Tukwila staff. General Notes It is further understood and agreed that because Consultant did not prepare the Contract Documents for the project, Client waives all claims against Consultant arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless from any damage, liability or cost, including reasonable attorneys' fees and defense costs, arising from any errors or omissions contained in the plans, specifications or other Contract Documents prepared by others, except for the negligence or willful misconduct of the Consultant. strander ps Engranco Drat! Scoperevised.doc Page 4 of 4 Strander Pump Station Construction Services Exhibit C-1 City of Tukwila Strander Blvd. Stormwater Pump Station, Road and Drainage Improvements Supplement Number 1 Contract Number 03-146 Electrical Engineering Construction Services Scope of Work August 20, 2004 The Subconsultant shall provide services during construction for Strander Blvd. Stormwater Pump Station, Road and Drainage Improvements as outlined below: A. Answer bidders questions by phone and assist in any addenda preparation. B. Review electrical power, controls, and instrumentation equipment and material submittals C. Answer contractor questions and RFls during construction and review change orders as required D. Attend meetings and answer questions as required by the Client E. Inspect and Test motor control centers and control panels at the System Integrator's shop and provide punch list of incomplete or incorrect items. F. Perform intermediate site inspections of the electrical construction and provide a punch list of incomplete or incorrect items G. Provide inspection and testing of the electrical work at the completion of construction and provide a punch list of incomplete or incorrect items. H. Review operations and maintenance manuals I. Revise electrical drawings for a complete set of "As-Built" record drawings and provide final copy in electronic CD format to Penhallegon Associates Consulting Engineers. All project communications shall be directed to the Consultant and the City, in order to keep the project manager and design engineers aware of construction progress and issues which may arise. The construction duration is anticipated to be 120 days with a construction start date of approximately February 2005. Deliverables: Items to be provided by the Subconsultant to the Consultant and the City: . Asbuilt record drawings . Punchlist FOLLETT ENGINEERING PLLC EXHIBIT C-2 Redmond, WA 98053 425-836-3333 ELEC~TR~C~l:.~L Er~.;~3H"-JEE~:;~~(;. 8: CC1f.iSLH.. T;;".JC:. CLIENT: PACE Date October 28, 2003 PROJECT: STRANDER BLVD STORMWATER PS Project # TUKWILLA Client # Task DESCRIPTION Senior I Engr ; CAD Sub total Engineer i Total I DESIGN AND CONSTRUCTION $95 I $75 $55 4 CONSTRUCTION ASSISTANCE BID ASSISTANCE 2 $190 SUBMITTAL REVIEW GENERAL ELECTRICAL 8 $760 CONTROLS & INSTRUMENTATION 24 $2,280 POWER EQUIPMENT AND MECHANICAL 8 I $760 CONTROL PANEL CHECKOUT 12 $1,140 CONTRACTOR QUESTIONS 12 $1,140 CLIENT COORDINATION I QUESTIONS 6 $570 CHANGE ORDERS 2 $190 INTERMEDIATE SITE INSPECTION 10 $950 STARTUP AND TESTING 12 $1,140 PUNCH LISTS 4 $380 O&M MANUAL REVIEW 2 $190 RECORD DRAWINGS (AS-BUILT) 5 5 $750 $10,440 I I Total Hours 107 5 OTHER EXPENSES SUBTOTAL $10,440 $10,440 EXPENSES TOTAL $10,440 11/1812004 5:30 PM 1 OF 1 follet const Fee.xls Tuk\'~lla - Strander Blvd PS Exhibit D-l City ofTukwila Strander Blvd. Stonnwater Pump Station, Road and Drainage Improvements Supplement Number I Contract Number 03-146 Geotechnical and Natural Resources Construction Services Scope of Work September 3, 2004 The Sub consultant shall provide geotechnical engineering services for Strander Blvd. Stonnwater Pump Station, Road and Drainage Improvements as outlined below: A. Attend pre-construction meeting with the City, Construction Manager, and Contractor. B. Review and comment on geotechnical aspects of contractor submittals, including dewatering (if required), temporary excavation support, pipe bedding materials, trench backfill materials, and outfall woody debris. C. Provide consultation on geotechnical-related construction issues. . D. Complete a site visit to observe placement oflarge woody debris at outfall 11/18/04 P:\P03\03889Idoclproposalsllandau ConstrucL 0-1 prop.doc LANDAU ASSOCIATES Exhibit 0-2 City of Tukwila Strander Blvd. Stormwater Pump Station, Road and Drainage Improvements Supplement Number 1 Contract Number 03-146 Geotechnical and Natural Resources Construction Services Budget September 3, 2004 0 ro c: cD '6 ...J Qj ro 5 ~ C) .0 OJ 0 " 0 ro () 0 :> '" "0 l- ce '" .0 ~ .><: e:( 0 OJ '" .0 en '" cu Task u5 '" It ~ l- e:( Preconstruction Meeting 4 4 $ 540 Review/Comment on Contractor Submittals 2 8 4 14 $ 1,640 Geotechnical Consulting 16 4 20 $ 2,420 Site Visit to Observe Woody Debris Placement 2 $ 300 TOTALS 4 28 8 38 $ 4,900 Reimbursable Expenses Travel Expense Reproduction, etc. Total $ 100 $ 100 $ 200 PROJECT TOTALS Labor Reimbursables $ 4,900 $ 200 TOTAL ESTIMATED BUDGET $ 5,100 11/18/2004Iandau Constr Support_cost.xls SUPPLEMENTAL AGREEMENT NUMBER 2 TO CONSULTANT AGREEMENT NUMBER 03-146 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein-after referred to as "the City", and Penhallegon Associates Consulting Engineers (PACE), Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, November 12, 2003 and identified as Agreement No. 03-146. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services, is hereby changed to include reimbursement for the following items: a. The prolonged project schedule as a result of time delays due to length of time to secure Endangered Species Act (ESA) approval resulted in ongoing coordination, management and administration costs. The original construction was anticipated to begin in September 2004. We now anticipate construction to begin in spring of 2005. b. The requirement by Washington State Ecology to provide a storm water quality treatment device for ESA approval resulted in additional permit coordination effort with the review agencies, as well as time to select and design the appropriate water quality treatment device for the project, revise construction plans and details, and update the hydraulic calculations and drainage report. c. Additional coordination meeting with City staff. d. Additional coordination with the Corps of Engineers following the completion of the design. 2. Payment, shall be amended as follows: Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $18,425 without express written modification of the Agreement signed by the City. The maximum amount payable under this agreement as supplemented inclusive of all fees and other costs is shown below: Original Contract Supplemental 1 (Construction Management & Inspection) Supplemental 2 (Design Scope Modifications) TOTAL CONTRACT $192,745.00 $204,386.00 $18,425.00 $415,556.00 DATED this day of ,20_. CITY OF TUKWILA CONSULTANT Steven M. Mullet, Mayor By: ~l~t~V'l-6'&-n 11r/UJA'-' Printed Name: Kenneth H Nilsen Title: Vice President Utilities Committee March 22, 2005 Present: Dave Fenton, Chair; Joan Hernandez, Jim Haggerton Jim MOlTow, Frank Iriarte, Gail Labanara, Bob Giberson, Pat Brodin, Ryan Larson, Mike Ronda, Lucy Lauterbach 1. Strander Blvd Storm Water Pump Station and Road Bid Award A project to replace the gravity stonn drainage line along Strander Blvd between Andover Park East and the Green River is needed. Flooding currently exceeds the pipe's capacity, and a larger pipe will replace the current facilities and a new pump station will be built. ElTors were found in the two lowest bid prices, so the third lowest bidder is the bid award recipient. Because the cost was higher than anticipated, funds from neighborhood drainage and future GIS mapping will be used to supplement the project budget. The contractor is Frank Coluccio and the cost is $1.566 million. Recommend bid award to COW and Regular Meetings. ~ 2 Strander Blvd. Storm Water Pump Station and Road Construction Services If they had ~f\. time staff would supply the contract project management for this project. Due to their high workload, they negotiated an agreement with Penhallegon Associates for the work. Public Works already has a contract with Penhallegon to provide design. One supplement is for additional design work for $18,425 and the second supplement is for construction management for $204,386.00. Information only. 3. Cascade View Drainage Improvement Project Both Water District 125 and Val Vue have projects they would like to do to coincide with the city's street and drainage work in Cascade View. The city has prepared interlocal agreements with both utilities. The city will incorporate the utility work into the city project for the Val Vue Sewer district, but the bid was too high for Water District 125, so they will be responsible for their own work. The two interlocal agreements spell out the responsibility of both utilities and the city's responsibilities. Recommend two interlocal agreements to COW and Council for approval. 4. Cascade View Drainage Project Bid Award The Cascade View Drainage project was bid in February and early March of this year. Three bids were received, and the lowest bid was accepted. The project budget was $4) million, and the lowest bid was $3.96 million. SCI was the low bidder. The city has worked with this contractor on many projects throughout the city, including S. 134th, S. 160th and East Marginal Way. Val Vue Sewer work in Item 2 will be completed for $76,704 bringing the total bid award to $4,039,204.00. Recommend bid award to SCI Infrastructure for $4,039,204 to COW and Rewlar Meetings. 5. Cascade View Drainage Construction Management Services The city first had a contract with KPG for design ofthe Cascade View Drainage in 2003. The city staffwill provide construction engineering for the project, and KPG will provide construction engineering assistance. Information only. C UNCIL A GENDfl SvNoPsIs [c ITEM NO. -Ot Q A 'm' I Itileeting Date 1 Prepared by 1 Mayor's review Council review k1'�` 1 3/28/05 BG I 1 3 1, I c. isos 1 I 1 1 1 1 I 1 ITEM INFORMATION I CAS NUMBER: 05-048 I ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE Two Interlocal Agreements with Water District 125 and Val Vue Sewer District for the Cascade View Drainage Improvement Project CAILGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: 3/28/05 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&.R Police El PTV SPONSOR'S The two separate Interlocal Agreements with Water District 125 and Val Vue Sewer SUMMARY District will allow the City to construct utility upgrades as one City administered project for the Cascade View Drainage Improvement Project. These agreements allow the Utility Districts to not construct their upgrades if unfavorable bids are received but still requires the Utility to reimburse the City for costs incurred to date and requires them to construct their improvements without causing delay to the City project. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/22/05 RECOMMENDATIONS: SPoNsoR /ADMN. Authorize Mayor to sign agreements with WD 125 and Val Vue Sewer District. C0MMIrI E Forward to COW and then Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 0.00 $0.00 Fund Source: 412 Surface Water (page 121, 2005 CIP) Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 1 3/28/05 MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 16, 2005 Water District 125 Interlocal Agreement Val Vue Sewer District Interlocal Agreement Utilities Committee Meeting Minutes from March 22, 2005 INFORMATION MEMO To: Mayor Mullet Public W orIes Director~ March 16, 2005 Cascade View Drainaee Improvement Proiect Project No. OO-DR06 Interlocal Agreements - Water District 125 and Val Vue Sewer District From: Date: Subject: ISSUE Approve two separate Interlocal Agreements with Water District 125 and Val Vue Sewer District to construct utility upgrades as part of the Cascade View Drainage Improvement project. BACKGROUND The design of this project is now complete and ready for construction. This project will construct approximately 8,500 linear feet of street and drainage improvements within City right-of-ways in the Cascade View neighborhood. Water District 125 and Val Vue Sewer District are planning upgrades to their systems within the project limits and would like to incorporate their upgrades as part of the City project to reduce costs and construction impacts. ANALYSIS Water District 125's and Val Vue's planned utility upgrades can either be constructed concurrently or after the Cascade View Drainage Improvement project is complete. If constructed concurrently with the City project, temporary pavement restoration will be required and possible delays may occur to the City project. If the planned utility upgrades are constructed following the City improvements, then no work could take place for a period of three years and extensive pavement restoration would be required. Jt is mutually beneficial to the City, the residents within the project limits, Water District 125 and Val Vue to construct the City and utility project as one City administered project with reimbursement from the utilities for their improvements. Two Interlocal Agreements have been prepared by the City's consultant, approved by Water District 125 and Val Vue Sewer District, and reviewed by the City Attorney's Office to formalize each party's responsibilities. These agreements allow the Utility Districts to not construct their upgrades under the City project if unfavorable bids are received but still requires the Utility to reimburse the City for costs incurred to date and requires them to construct their improvements without causing delay to the City project. RECOMMENDATION Authorize the Mayor to sign the two Interlocal Agreements with Water District 125 and Val Vue Sewer District. RL:ad attachments: Water District 125 Interlocal Agreement VaI Vue Sewer District InterlocaI Agreement file: OO-DR06.5 ~ProjeaslA. DR Projects\OODRD6\I)es;gnUnfo Memo~) .. IN'fERLOCAL AGREEMENT BETIVEEN CITY.OF TUK'''ILA AND \" ATER DISTRICT 125 REGARDING CONSTRUCTION OF \V ATER IMPROVEMENTS IN CONJUNCTION WITH THE CASCADE VIEW IMPROVEMENT PROJECT THIS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington municipal corporation ("City"), and Water District 125 , a Washington municipal corporation ("Water District 125" or "District")(individually a "Party" and collectively the "Parties"). RECITALS VlHEREAS, the City is making right-of-way improvements ("City Work") to Cascade View Neighborhood; and ........-' WHEREAS, Water District 125 has requested that certain water improvements ("District Work") be constructed in conjunction with the City Work; and WHEREAS, the Parties recognize the efficiencies of combining the City Work and the District Work into one construction project (the "Project" or "Project Work") whereby the right- of-way pavement will be disturbed only once. NOW THEREFORE, in consideration ofthe tenns and conditions contained herein, the Parties agree as follows: AGREEMENT 1. SCOPE OF WORK The City will advertise for bids and enter into a contract with a contractor for the construction of the District \V ork as described and depicted on the Bid Documents dated February 2005 for the Cascade View Improvement Project. 2. RESPONSIBILITIES OF THE PARTIES A. WATER DISTRICT 125 1) Water District 125 shall provide to the City engineered drawings, specifications, construction standards, quantities, and cost estimates for the District Work. The drawings shall show in detail the location, quantity, and size of the piping, meters, hydrants, and valve boxes. 2) Water District 125 shall review the portion of the Project's fmal drawings and specifications for the District Work and shall approve or reject those drawings and specifications within seven days of receipt. C\DOCUME-l \irnilne\LOCALS-l \Ternp\FINAL W-l.DOCP:'PROJECTS'. \ DR Pmjee\5'OOdr06 (Cascilde Vie....) WD 125/.greerncHLD8C 358829/00081315499.0116ifvOI !.DOC (31910~) -1- ~ 3) Water District 125 will provide the inspection services needed for overseeing the proper installation of the District Work. Water District 125's inspector will coordinate with the City's inspector, and the City's inspector will give all direction to the contractor. 4) Water District 125 will notify its customers of the Project, perform any water system shut downs necessary for the District Work, and notify its customers of any scheduled water service interruptions related to the Project. 5) Water District 125 will provide any new water meters required for its existing connections at no cost to the City or its contractor. 6) Water District 125 will provide all water permits required for its existing connections at no cost to the City or its contractor. 7) Water District 125 shall maintain continued coordination with the City regarding the performance of the District \\l ork. This coordination shall include but not be limited to the following: a. Water District 125 will attend the Project bid openrng and pre-construction meeting. b. City will provide Water District 125 a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change at any time. c. Water District 125 will attend weekly construction meetings. d. Water District 125 \vill be given no less than five (5) days \vritten notice that City's Contractor is beginning construction of the water facilities. B. CITY 1. The City will incorporate v>,' ater District 125' s design for the District Work into the Project construction contract documents. The City will advertise for bids, evaluate bids, and award a construction contract for the Project ("Project Contract") to the lowest responsible bidder (the "Contractor"). The City shall administer the Project Contract and monitor the Contractor's activities. 2. The City will be responsible for providing all traffic control associated with the construction of the District Work. 3. The City shall require the Contractor to install and perform the District \\lork in accordance with the Project's final plans and Water District 125's standards and specifications. 4. The City will provide all flagging and traffic control, including Uniformed Officers when required, for the District Work. 5. The City will provide Water District 125 with not less than five (5) working days \vritten notice prior to the start of water construction to allow Water District 125's scheduling of the on-site Inspector. 6. City will schedule and attend weekly construction meetings with the City's Contractor, Water District 125, and other franchise utilities involved in the Project. C:\DOCUME-l\imilne\LOCAL<;-l\Temp\FINAL W-l.DOCP:\PROJECTS'"\ DR Projects'.OOdf06 (Cascadc Vic....}'.'ND I 25.^.g.-eemcHt.DOC 35882910008/315499.01 16rjv01 I.DOe (3I9I05Y8/(h5) -2- ;. 3. COST ALLOCATION The City has no responsibility for costs related to the District Work. The costs shovm on this exhibit are estimates only. The fmal breakdown of costs will be based on the actual lump sum bid price on the "Water System Improvements" schedule included in the City Bid Documents, as adjusted by construction change orders. Water District 125 will also be responsible for the following City's costs: A. Water Facility Installation. Water District 125 agrees to pay the actual cost that the City incurs for constructing the District Work including excavation costs. B. Adjustments and Relocations. Water District 125 agrees to pay the actual costs the City incurs for adjustments and relocations of \vater service lines, meter boxes, and valve boxes throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City improvements. C. Consultant Costs. Water District 125 agrees to pay the actual cost that the City incurs, including consultant costs, for incorporating the District Work into the Project's construction contract documents and the City's cost for construction management and inspection coordination for the District Vv ork. D. Additional Expenses. Water District 125 agrees to pay any additional expenses incurred in installing the District Work due to any over excavation required or any other unforeseen conditions related to the District \Vork which reasonably require additional work and expense, including any additional trench width or depth attributable to errors in Water District l25's design or conflicts not accounted for in Water District l25's design. Any changes to the District Work perceived as necessary by the Contractor and any change orders therefore must be approved in writing by Water District 125 in advance of such changes to the District Work and any change orders related thereto. E. Claims by Contractor. Water District 125 agrees to pay any claims made by the Contractor relating to the District Work that are valid and proximately caused by Water District 125; provided, Water District 125 at its sole expense shall have the right to defend any claims made by the Contractor relating to the District Work if Water District 125 detennines all or any part of the claim is not valid. These claims may include delays caused by installing the District Work, delays caused by Water District 125 providing meters, or any other conflicts between the Contractor and Water District 125. Any such claims must comply with the definition and procedure regarding claims in the Project contract and must be verifiable or substantiated claims and be subject to binding arbitration. F. Invoice. Water District 125 agrees to pay the City \\rithin forty-five (45) days of receiving a correct invoice by the City for amounts that the City has been invoiced by the C:\DOCUME-l iimilne\LOCALS-l iTemp\FINAL W 1.DOCP:\PROJECTS'A. DR Proje.eis'.oOdF06 (Casea6e Vie .,}\'.'lD 125!.gre~ffieAt.DOC 358829100081315499. 01 16rjv01 !.DOC (3/9/o~) -3- Contractor for work that has been completed by the Contractor and approved by Water District 125 and which Water District 125 has agreed to pay under this Agreement. G. Defective or Unauthorized Work. Pursuant to the Project Contract between the City and Contractor, Water District 125 reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work perfonned by the Contractor; provided, Water District 125 shall notify the City of its claim of defective, incomplete or unauthorized work prior to the City making payment to the Contractor for such work. For all work which is detennined by Water District 125 to be defective, incomplete or unauthorized after the City has paid the Contractor for such work, Water District 125 shall pay the City for such work provided that Water District 125 shall not waive any rights in doing so and any claims regarding the work shall be addressed as a claim against the Contractor by Water District 125. If a defect in the District Work is identified during the one-year warranty period, the City will enforce the warranty provisions of the Contract on behalf of Water District 125. Defective, incomplete or unauthorized work includes, without limitation: work and materials that do not confonn to the requirements of this Agreement, and extra work and materials furnished without Water District 125's written approval. If for any reason it is necessary to satisfactorily complete any portion of the work, Water District 125 may complete the work using its own means and the Contractor shall be liable to Water District 125 for any additional costs incurred by Water District 125. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the Parties beyond the price for the District Work included in the Contractor's bid accepted by the City. Water District 125 further reserves the right to offset the cost to complete the work, including any additional costs, from any and all amounts due or to become due the Contractor. H. Final Acceptance. The City shall provide Water District 125 with written notice of completion of the District Work. The District inspector shall perfonn final inspection of the District \Vork. The District shall, within forty-eight (48) hours of its final inspection, provide to the City written final acceptance of the District Work, or, alternatively, provide an itemized and detailed response why final acceptance of the District Work cannot be given. If the District fails to respond to the City within forty-eight hours, the District shall be deemed to have given final acceptance of the District Work. Upon final acceptance of the District Work, the City shall assign its rights under the Project Contract relating to the District Work to the District, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the District Work. The City shall also require the City's Contractor, as a condition of the Project contract, to provide a maintenance bond at the District's cost to insure that the District Work is free from defects in workmanship and materials for a period of one (1) year following final acceptance ofthe Project Work by the City. I. As-Built Drawings. The City shall provide the District v-lith "as built" drawings for the District Work within thirty (30) days following the City's [mal acceptance of the Project Work. J. Final Payment/Waiver of Claims. The making of final payment by the Parties shall constitute a waiver of claims by the Contractor, except those previously and properly C:\DOCUME-l \imiJne\LOCALS-l iTemp\FINALW-l.DOCP:\PROJECTS\A DR PT0je~ts'.oOdF06 (C!Weade Vie-.. )\WD125Agr~meHt.DOC 358829100081315499.0116rjVOll.DOC (?I9/05Y8IM) -4- .' made and identified as required by the Project Contract by the Contractor as unsettled at the time request for [mal payment is made. 4. WITHDRAWAL FROM AGREEMENT Should Water District 125, upon review of the bid, which is acceptable to the City, elect not to have the City's contractor install the District Work, Water District 125 shall promptly issue to the City notice of withdrawal ITom this agreement and this agreement shall terminate. '.Vater District 125 shall be responsible to reimburse the City for its reasonable costs related to the District Work through the date of termination. It will then be the responsibility of Water District 125 to coordinate and install their facilities in a time and manner that will not delay the City's contractor. Water District 125 shall be held liable for any delay to the City's project due to Water District 125' s water improvement work. 5. CHANGES , After the City executes a contract with the Contractor, Water District 125 shall submit any changes requested to be performed by the City's Contractor to the City. The City shall submit this to the Contractor; obtain a price ITom the Contractor to perform the work, and notify Water District 125 of this price. Prices supplied by the Contractor for Water District 125 change orders shall be in conformance with the 25% limit in subsection 1-04.4 of the \VSDOT Standard Specifications. Water District 125 shall have two (2) business days ITom receiving the price ITom the City within which to respond to the City. If Water District 125 chooses not to accept the Contractor's price then this work shall only be performed by Water District 125 according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. 6. INDElVINIFICATION; LIENS MTD ENCUMBRANCES Each Party shall defend, indemnify and hold the other Party, its officers, officials, employees and agents harmless ITom any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of the Party's work required under this Agreement, except to the extent such injuries and damages are caused by the negligence or willful misconduct of the other Party. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resJ11ting ITom the concurrent negligence of the parties, its officials, employees and agents, a party's liability hereunder shall be only to the extent of the party's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 7. INSURANCE The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project insurance of the types and in the amounts C:\DOCUME-I \irnilne\LOCALS-1 \TeInJi\FINAL W-I.DOCP:\PROJECTS'u \ DR Projeets'.OOef06 (Caseaee Vie .y)\WDI25!.gTL'ernenLDOC 358829100081315499.01l6rjvOl I.DOC (319105~) -5- ~ described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. a. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and b. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but . not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCD); and employer's liability; and c. Excess Liabilitv insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self-insured retention shall be the sole responsibility ofthe Contractor. The Parties, their elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on the insurance policy, as respects work performed by or on behalf of the Parties and a copy of the endorsement naming the Parties as additional insured shall be attached to the Certificate of Insurance, copies of "vhich shall be provided to the Parties prior to commencement of construction by the Contractor. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City shall also require the Contractor to indemnify, defend and save the District and its elected and appointed officials, employees, agents and volunteers harmless from any and all costs, claims, damages, judgments and liabilities against the District caused by or relating to the Contractor's performance of the District Work. The City shall also require the Contractor to be solely and completely responsible for safety and safety conditions at the Project site, including the safety of all persons and property during the performance of the Project Work. The Contractor shall be required to comply with all applicable City, County and State rules, regulations, ordinances, orders and codes regarding safety. 8. FRANCHISE AGREEMENT The City and Water District 125 agree that as to future projects, by entering into this Agreement, neither Party has waived any rights it may have under the existing franchise agreement between the City and Water District 125, and the City and Water District 125 expressly herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, Water District 125's participation in the project contemplated in this Agreement, and its very participation in this Agreement, shall in no event be construed as a waiver of Water District 125's obligation to relocate underground utilities pursuant to the franchise agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be C:\DOCUJ"'fE-l \imilne\LOC ALS-l \Temv\FJNAL W-l.DOCP:\PROJECTS'u\ DR Projeet\QOdr06 (CasC!lde Vie .\')',WD I 25}.greemeHLDOC 3588291000813J5499.0J161ji.>Ol !.DOC (3/910~) -6- considered as a basis for future relocation projects that may be franchise-required. The District shall retain the rights of exclusive use, regulation and control of the completed District Work and full ovmership of the District Work including, but not limited to, the right to sell, transfer or assign its rights in and to the District 'N ork. 9. MISCELLANEOUS a. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the perfonnance of this Agreement. b. Nonwaiver of Breach. The failure of a party to insist upon strict perfonnance of any of the tenns and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquisJ;nnent of those tenns and rights and they shall remain in full force and e~ct. . c. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the Contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the _ jurisdiction, venue and rules of the King County Superior Court, King County, Washington. d. Attorney's Fees. In the event any suit, arbitration, or other proceeding is instituted to enforce any tenn of this Agreement, the parties specifically understand and agree that the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. e. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this Agreement. f. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each of affected party. g. Severability. If anyone or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. C:\DOCUME-l\innlne\LOCALS-l\Tem.p\FINAL W-l.DOCP:\PROJECTS'.A DR Pmjeet'-OOdr06 (Caseade Vie'Ny.WD 125AgreemeflLDOC 358829100081315499.01 I 61jV01 I.DOC (}I910~) -7- h. Relationship. It is understood and agreed that no agency, employment, joint venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. 1. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if unable to perfonn their respective obligations hereunder as a result of the occurrence of an event of "force majeure," which shall include, but not be limited . to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fIre, floods, explosions, earthquakes, wind, stonns, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. J. Entire Agreement. The \:vTitten provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as fonning a part of or altering in any manner tbis agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in _ this Agreement, the terms of this Agreement shall prevail. IN \VITl\TESS WHEREOF, the parties below have executed this Agreement. CITY OF TUKWILA by: Print Name: Title:(Mayor) DATE: .3.? 0_'1 DATE: Notices to be sent to: Notices to be sent to: C:\OOCUME-l \irnilne\LOCAL<;-l iT em.p\FINAL W-I.DOCP:\PROJECTS\. '\ DR Projeets\ODdr06 (Cascade Vic'..)".'.'D 125AgreemeRlDOC 35882910008/315499.01/6ljvOl LDOC (J/9/05J/Y{)J) -8- \VATERDISTRICT 125 CITY OF TUK\VILA (telephone) ( facsimile) Artn: Bob Giberson Public Works Department 6300 Southcenter Blvd., Ste 100 Tukwila, WA 98188 206-433-0179 (telephone) 206-431-3665 (facsimile) Atln: APPROVED AS TO FORl\I: Shelley Kerslake, City Attorney C:\DOCUME-I \imilne\LOCALS-l \Temp\FINALW-l.DOCP:'PROJECTS'. \ DR Projccts'OOdr06 (Cascade Vie ...)'.'VDI25.\greemeRt.DOC 358829100081315499.01l6rfrOI I.DOC O/9105~) -9- INTERLOCAL AGREEMENT BETWEEN CITY OF TUKWILA AND V AL VUE SEWER DISTRICT REGARDING CONSTRUCTION OF SEWER IMPROVEMENTS IN CONJUNCTION WITH THE CASCADE VIEW IMPROVEMENT PROJECT THIS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington municipal corporation ("City"), and Val Vue Sewer District, a Washington municipal corporation (It V al Vue" or "District")(individually a "Party" and collectively the "Parties"). RECITALS WHEREAS. the City is making right-of-way improvements ("City Work") to Cascade View Neighborhood; and WHEREAS, Val Vue Sewer District has requested that certain sewer improvements ("District Work") be constructed in conjunction with the City Work; and WHEREAS, the Parties recognize the efficiencies of combining the City Work and the District Work into one construction project (the "Project" or "Project Work") whereby the right- of-way pavement will be disturbed only once. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: AGREEMENT 1. SCOPE OF WORK The City will advertise for bids and enter into a contract with a contractor for the construction of the District Work as described and depicted on the Bid Documents dated February 2005 for the Cascade View Improvement Project. 2. RESPONSIBILITIES OF THE PARTIES A. VAL VUE SEWER DISTRICT 1) Val Vue Sewer District shall provide to the City engineered drawings, specifications, construction standards, quantities, and cost estimates for the District Work. The drawings shall show in detail the location, quantity, and size of the piping, meters, hydrants, and valve boxes. 2) Val Vue Sewer District shall review the portion of the Project's final drawings and specifications for the District Work and shall approve or reject those drawings and specifications within seven days of receipt. -)- 3) Val Vue Sewer District will provide the inspection services needed for overseeing the proper installation of the District Work. Val Vue Sewer District's inspector will coordinate with the City's inspector, and the City's inspector will give all direction to the contractor. 4) Val Vue Sewer District will notify its customers of the Project, perform any sewer system shut downs necessary for the District Work, and notify its customers of any scheduled sewer service interruptions related to the Project. 5) Val Vue Sewer District will provide all sewer permits required for its existing connections at no cost to the City or its c,ontractor. 6) Val Vue Sewer DistIict shall maintain continued coordination with the City regarding the performance of the DistIict Work. This coordination shall include but not be limited to the following: a. Val Vue Sewer District will attend the Project bid opening and pre-construction meeting. b. City will provide Val Vue Sewer District a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change at any time. c. Val Vue Sewer District will attend weekly construction meetings. d. Val Vue Sewer District will be given no less than five (5) days written notice that City's Contractor is beginning construction of the sewer facilities. B. CITY 1. The City will incorporate Val Vue Sewer District's design for the District Work into the Project construction contract documents. The City will advertise for bids, evaluate bids, and award a construction contract for the Project ("Project Contract") to the lowest responsible bidder (the "Contractor"). The City shall administer the Project Contract and monitor the Contractor's activities. 2. The City will be responsible for providing all traffic control associated with the construction of the District Work. 3. The City shall require the Contractor to install and perform the District Work in accordance with the Project's final plans and Val Vue Sewer District's standards and specifications. 4. The City will provide all flagging and traffic control, including Uniformed Officers when required, for the District Work. 5. The City will provide Val Vue Sewer District with not less than five (5) working days written notice prior to the start of sewer construction to allow Val Vue Sewer District's scheduling of the on-site Inspector. 6. City will schedule and attend weekly construction meetings with the City's Contractor, Val Vue Sewer District, and other franchise utilities involved in the Project. -2- 3. COST ALLOCATION The City has no responsibility for costs related to the District Work. The costs shown on this exhibit are estimates only. The final breakdown of costs will be based on the actual Jump sum bid price on the "Sewer System Improvements" schedule included in the City Bid Documents, as adjusted by constmction change orders. Val Vue Sewer District wiJI also be responsible for the foJIowing City's costs: A. Sewer Facility Installation. Val Vue Sewer District agrees to pay the actual cost that the City incurs for constmcting the District Work including excavation costs. B. Adjustments and Relocations. Val Vue Sewer District agrees to pay the actual costs the City incurs for adjustments and relocations of sewer service lines throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City imp~ovements. C. Consultant Costs. Val Vue Sewer District agrees to pay the actual cost that the City incurs, including consultant costs, for incorporating the District Work into the Project's construction contract documents and the City's cost for construction management and inspection coordination for the District Work. D. Additional Expenses. Val Vue Sewer District agrees to pay any additional expenses incurred in installing the District \york due to any over excavation required or any other unforeseen conditions related to the District Work which reasonably require additional work and expense,inc1uding any additional trench width or depth attributable to errors in Val Vue Sewer District's design or cont1icts not accounted for in Val Vue Sewer District's design. Ally changes to the District Work perceived as necessary by the Contractor and any change orders therefore must be approved in writing by Val Vue Sewer District in advance of such changes to the District Work and any change orders related thereto. E. Claims by Contractor. Val Vue Sewer District agrees to pay any claims made by the Contractor relating to the District Work that are valid and proximately caused by Val Vue Sewer District; provided, Val Vue Sewer District at its sole expense shaH have the right to defend any claims made by the Contractor relating to the District Work if Val Vue Sewer District determines all or any part of the claim is not valid. These claims may include delays caused by installing the District Work, delays caused by Val Vue Sewer District providing materials, or any other conl1icts between the Contractor and Val Vue Sewer District. Any such claims mu~t comply with the definition and procedure regarding claims in the Project contract and must be verifiable or substantiated claims and be subject to binding arbitration. F. Invoice. Val Vue Sewer District agrees to pay the City within forty-five (45) days of receiving a correct invoice by the City for amounts that the City has been invoiced by the Contractor for work that has been completed by the Contractor and approved by Val Vue ~ - ..)- Sewer District and which Val Vue Sewer District has agreed to pay under this Agreement. G. Defective or Unauthorized Work. Pursuant to the Project Contract between the City and Contractor, Val Vue Sewer District reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work performed by the Contractor; provided, Val Vue Sewer District shall notify the City of its claim of defective, incomplete or unauthorized work prior to the City making payment to the Contractor for such work. For all work which is determined by Val Vue Sewer District to be defective, incomplete or un~uthorized after the City has paid the Contractor for such work, Val Vue Se\ver District shall pay the City for such ~work provided that Val Vue Sewer District shall not waive any rights in doing so and any claims regarding the work shall be addressed as a claim against the Contractor by Val Vue Sewer District. If a defect in the District Work is identified during the one-year warranty period, the City will enforce the warranty provisions of the Contract on behalf of Val Vue Sewer District. Defective, incomplete or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without Val Vue Sewer District's written approval. If for any reason it is necessary to satisfactorily complete any portion of the work, Val Vue Sewer District may complete the work using its own means and the Contractor shall be liable to Val Vue Sewer District for any additional costs incurred by Val Vue Sewer District. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the Parties beyond the price for the District Work included in the Contractor's bid accepted by the City. Val Vue Sewer District further reserves the right to offset the cost to complete the work, including any additional costs, from any and all amounts due or to become due the Contractor. H. Final Acceptance. The City shall provide Val Vue Sewer District with written notice of completion of the District Work. The District inspector shall perform final inspection of the District Work. The District shall, within forty-eight (48) hours of its final inspection, provide to the City written final acceptance of the District Work, or, alternatively, provide an itemized and detailed response why final acceptance of the District Work cannot be given. If the District fails to respond to the City within forty-eight hours, the District shall be deemed to have given final acceptance of the District Work. Upon final acceptance of the District Work, the City shall assign its rights under the Project Contract relating to the District Work to the District, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the District Work. The City shall also require the City's Contractor, as a condition of the Project contract, to provide a maintenance bond at the District's cost to insure that the District Work is free from defects in workmanship and materials for a period of one (1) year following final acceptance of the Project Work by the City. I. As-Built Drawings. The City shall provide the District with "as built" drawings for the District Work within thirty (30) days following the City's final acceptance of the Project Work. -4- J. Final Payment/Waiver of Claims. The making of final payment by the Parties shall constitute a waiver of claims by the Contractor, except those previously and properly made and identified as required by the Project Contract by the Contractor as unsettled at the time request for final payment is made. 4. WITHDRA \V AL FROM AGREEMENT Should Val Vue Sewer District, upon review of the bid, which is acceptable to the City, elect not to have the City's contractor install the District Work, Val Vue Sewer District shall promptly issue to the City notice of withdrawal from this agreement and this agreement shall terminate. Val Vue Sewer District shall be responsible to reimburse the City for its reasonable costs related to the District Work through the date of termination. It will then be the responsibility of Val Vue Sewer District to coordinate and install their facilities in a time and manner that will not delay the City's contractor. Val Vue Sewer District shall be held liable for any delay to the City's project due to Val Vue Sewer District's sewer improvement work. 5. CHANGES After the City executes a contract with the Contractor, Val Vue Sewer District shall submit any changes requested to be performed by the City's Contractor to the City. The City shaH submit this to the Contractor; obtain a price from the Contractor to perform the work, and notifY Val Vue Sewer District of this price. Prices supplied by the Contractor for Val Vue Sewer District change orders shaH be in conformance with the 25% limit in subsection 1-04.4 of the WSDOT Standard Specifications. Val Vue Sewer District shall have two (2) business days from receiving the price from the City within which to respond to the City. If Val Vue Sewer District chooses not to accept the Contractor's price then this work shall only be performed by Val Vue Sewer District according to a mutuaHy agreed upon schedule with the Contractor so as not to cause delay to the Contractor. . . 6. INDEMNIFICATION; LIENS AND ENCUMBRANCES Each Party shaH defend, indemnity and hold the other Party, its officers, officials, employees and agents harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of the Party's work required under this Agreement, except to the extent such injuries and damages are caused by the negligence or willful misconduct of the other Party. ~"'~ ." Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event ofliability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the parties, its officials, employees and agents, a party's liability hereunder shall be only to the extent of the party's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. -5- 7. INSURANCE The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. a. Automobile Liability insurance with limits no less than $ 1 ,000,000 combined single limit per accident for bodily injury and property damage; and b. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operationslbroad form property damage; explosion, collapse and underground (XCD); and employer's liability; and c. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The Parties, their elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on the insurance policy, as respects work performed by or on behalf of the Parties and a copy of the endorsement naming the Parties as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the Parties prior to commencement of construction by the Contractor. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City shall also require the Contractor to indemnify, defend and save the District and its elected and appointed officials, employees, agents and volunteers harmless from any and all costs, claims, damages, judgments and liabilities against the District caused by or relating to the Contractor's performance of the District Work. The City shall also require the Contractor to be solely and completely responsible for safety and safety conditions at the Project site, including the safety of an persons and property during the performance of the Project Work. The Contractor shan be required to comply with an applicable City, County and State rules, regulations, ordinances, orders and codes regarding safety. 8. FRANCHISE AGREEMENT The City and Val Vue Sewer District agree that as to future projects, by entering into this Agreement, neither Party has waived any rights it may have under the existing franchise agreemen between the City and Val Vue Sewer District, and the City and Val Vue Sewer Distric xpressly herein reserve such rights. Notwithstanding anything in this Agreement to the (if any) -6- contrary, Val Vue Sewer District's participation in the project contemplated in this Agreement, and its very participation in this Agreement, shall in no event be construed as a waiver of Val Vue Sewer District's obligation to relocate underground utilities pursuant to the franchise agreement, and parties understand and agree that the tenns and conditions of this Agreement shall not be considered as a basis for future relocation projects that may be franchise-required. The District shall retain the rights of exclusive use, regulation and control of the completed District Work and full ownership of the District Work including, but not limited to, the right to sell, transfer or assign its rights in and to the District Work. 9. MISCELLANEOUS a. Compliance with Lan's. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the perfonnance of this Agreement. ~~:;~~ . . - b. Nonwaiver of Breach. The failure of a party to insist upon strict perfonnance of any of the tenns and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those tenns and rights and they shall remain in full force and effect. c. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the Contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. = ~.;":.':..; d. Attorney's Fees. In the event any suit, arbitration, or other proceeding is instituted to enforce any tenn of this Agreement, the parties specifically understand and agree that the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. e. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this Agreement. .-. ... .~. ';~ ~--~=:~,;: f. lYiodification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in vvriting and signed by a duly authorized representative of each of affected party. g. Severability. If anyone or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall -7- the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. h. Relationship. It is understood and agreed that no agency, employment, joint venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. L Force Majeure. Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of "force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, sewers, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. J. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. -8- IN WITNESS WHEREOF, the parties belo\'y have executed this Agreement. V AL VUE SE\VER DISTRICT DISTRICT q , bY:~ ~~ Print Name: 12.4+A7tO ro{2.SC~-ifL. Title: C{-J.AlILMA-J DATE: 3/15 I zeoJ: ( , CITY OF TUKWILA by: Print Name: Title:(Mayor) DATE: Notices to be sent to: Notices to be sent to: VAL VUE SEWER DISTRICT CITY OF TUKWILA Attn: Dana Dick PO 69550 Seattle, W A 98168 206-242-3236 206-242-1527 (telephone) (facsimile) Attn: Bob Giberson Public Works Department 6300 Southcenter Blvd., Ste 100 Tukwila, WA 98188 206-433-0179 (telephone) 206-431-3665 (facsimile) APPROVED AS TO FORM: Shelley Kerslake, City Attorney -9- Utilities Committee March 22, 2005 Present: Dave Fenton, Chair; Joan Hernandez, Jim Haggerton Jim Morrow, Frank Iriarte, Gail Labanara, Bob Giberson, Pat Brodin, Ryan Larson, Mike Ronda, Lucy Lauterbach 1. Strander Blvd Storm Water Pump Station and Road Bid Award A project to replace the gravity stonn drainage line along Strander Blvd between Andover Park East and the Green River is needed. Flooding currently exceeds the pipe's capacity, and a larger pipe will replace the current facilities and a new pump station will be built. Errors were found in the two lowest bid prices, so the third lowest bidder is the bid award recipient. Because the cost was higher than anticipated, funds from neighborhood drainage and future GIS mapping will be used to supplement the project budget. The contractor is Frank Coluccio and the cost is $1.566 million. Recommend bid award to COW and Re~lar Meetings. 2 Strander Blvd. Storm Water Pump Station and Road Construction Services If they had time staff would supply the contract project management for this project. Due to their high workload, they negotiated an agreement with Penhallegon Associates for the work. Public Works already has a contract with Penhallegon to provide design. One supplement is for additional design work for $18,425 and the second supplement is for construction management for $204,386.00. Information only. :j< 3. Cascade View Drainage Improvement Project Both Water District 125 and Val Vue have projects they would like to do to coincide with the city's street and drainage work in Cascade View. The city has prepared interlocal agreements with both utilities. The city will incorporate the utility work into the city project for the Val Vue Sewer district, but the bid was too high for Water District 125, so they will be responsible for their own work. The two interlocal agreements spell out the responsibility of both utilities and the city's responsibilities. Recommend two interlocal agreements to COW and Council for approval. 4. Cascade View Drainage Project Bid Award The Cascade View Drainage project was bid in February and early March of this year. Three bids were received, and the lowest bid was accepted. The project budget was $4~2 million, and the lowest bid was $3.96 million. SCI was the low bidder. The city has worked with this contractor on many projects throughout the city, including S. 134th, S. 160th and East Marginal Way. Val Vue Sewer work in Item 2 will be completed for $76,704 bringing the total bid award to $4,039,204.00. Recommend bid award to SCI Infrastructure for $4.039.204 to COW and Re~lar Meetings. 5. Cascade View Drainage Construction Management Services The city first had a contract with KPG for design ofthe Cascade View Drainage in 2003. The city staff will provide construction engineering for the project, and KPG will provide construction engineering assistance. Information only. UNCIL A GEN Siwosis s s k j s ky 5 Initials ITEM No. t: v�,'v Meeting Date Prepared by _I Mayor's review I Council review p 1 3/28/05 1 BG ,fi-tar 1 L C\ 5,c(a) i90a 1 1 1 ITEM INFORMATION CAS NUMBER: 05-049 I ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEIi TITLE Bid Award for construction of the Cascade View Drainage Improvement Project CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mt Date Mtg Date Mtg Date 11itg Date iVItg Date 3128105 tbitg Date Mtg Date: I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S The project was advertised on February 18, 24, and March 3 and three bids were opened SUMMARY on March 15, 2005. The low bid of $3,962,500 was from SCI Infrastructure, LLC. There is also an Additive Item No. 2 for $76,704.00 for Val Vue Sewer District improvements. Additive Item No. 2 will also be awarded under this contract and paid by Val Vue through an Interlocal Agreement. Total bid award for $4,039,204.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 3/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to the low bidder SCI Infrastructure, LLC. COMMITTEE Forward to COW and Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $4,039,204.00 $4,200,000.00 Fund Source: 412 Surface Water (page 121, 2005 CIP) Comments: See Interlocal Agreements with Water District 125 and Val Vue Sewer District, also presented to Council 3 /28/05. MTG. DATE 1 RECORD OF COUNCIL ACTION 3/28/05 1 I 1 MTG. DATE I ATTACHMENTS 3/28/05 Information Memo dated March 16, 2005 Bid Tabulation 1 Utilities Committee Meeting Minutes from March 22, 2005 1 1 1 INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ March 16, 2005 Cascade View Improvement Project Project No. OO-DR06 Bid Award ISSUE Award the Base Bid and Additive Item 2 for the Cascade View Improvement project to SCI Infrastructure, LLC, of Pacific, Washington, in the amount of $4,039,204.00. BACKGROUND The Cascade View neighborhood experiences many drainage and groundwater problems. The design of this project is now complete and ready for construction. This project will construct approximately 8,500 linear feet of street and drainage improvements within City right-of-ways in the Cascade View Neighborhood. ANALYSIS This project was advertised on February 18, 24, and March 3,2005. Three bids were received and opened on March 15, 2005. The bids were checked and tabulated. One math error was found and corrected but this error did not affect the bid results. SCI Infrastructure submitted the low base bid of $3,962,500.00. SCI Infrastructure has worked successfully with Tukwila on past projects and reference checks also indicate that SCI Infrastructure has performed well on similar type projects with other agencies. In addition to the base bid, two additive alternate items were included, Additive Item NO.1 for water system upgrades to be funded by Water District 125 and Additive Item No.2 for sewer system upgrades to be funded by Val Vue Sewer District. Upon reviewing the Additive Alternate bid items, Water District 125 has elected not to pursue the construction work with SCI. Val Vue Sewer District has elected to proceed with construction of Additive Item No.2. An Interlocal Agreement between Water District 125 and the City and between Val Vue Sewer District and the City is being processed to reimburse the City for design and construction costs incurred as a result of these additive items. BUDGET AND BID SUMMARY Base Bid Amount Construction Engineering Continqency (10% Base Bid) Total Additive Item No.2 Bid Results/Estimate $ 3,962,500.00 300,000.00 396,250.00 $ 4,658,750.00 76,704.00 BudQet $ 4,200,000.00 465,000.00 $ 4,665,000.00 to be paid by Val Vue RECOMMENDATION Award the construction contract for the Base Bid of $3,962,500.00 and Additive Item 2 for $76,704.00 to SCI Infrastructure, LLC, for the total contract amount of $4,039,204.00. RL:ad attachment: Bid Tabulation (p:Projects\A- DR Projects\OODR06\De:sign\Info Memo Bid Award SCI) CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS Cascade View Improvement Project - Project No. 00-DRO6 Certified Bid Tabulation By: Date: Nandez Miller 03/15/2005 KPG No, Item Quantity Unit KPG Engineers Estimate Unit Total Cost Cost $CI I nfrastructuro, yUC. Unit Total Cost Cost ,Mld[aountaln C,Q,gtractors. Inc. Unit Total Cost Cost R.W. Scott Construction Co Unit Total Cost Cost SCHEDULE A (BASE BID) Al All Work 1 LS $ 4,100,000.00 $ 4,100,000.00 $ 3,550,000.00 $ 3,550,000.00 $ 4,029,100.00 $ 4,029,100.00 $ 4,900,000.00 $ 4,900,000.00 A2 Unsuitable Foundation Excavation Including Haul 1500 CY 40.00 $ 60,000.00 30.00 $ 45,000.00 35.00 $ 52,500.00 45.00 $ 67,500.00 A3 Trench /Excavation Protection 1 LS $ 30,000.00 $ 30,000.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 20,000.00 $ 20,000.00 A4 AS Crushed Surfacing Top Course for Restoration Pavement Repair 100 TN 25.00 $ 2,500.00 48.00 $ 4,800.00 35.00 $ 3,500.00 30.00 $ 3,000.00 2000 SY 20.00 $ 40,000.00 30.00 $ 60,000.00 28.00 $ 56,000.00 30.00 $ 60,000.00 A6 Modular Block Wall, 3 foot ht or less 4600 SF 20.00 $ 92,000.00 20.00 $ 92,000.00 21.00 $ 96,600.00 24.00 $ 110,400.00 A7 Modular Block Wall' over 3 foot ht 2000 SF 25.00 $ 50,000.00 22.00 $ 44,000.00 22.00 $ 44,000.00 24.00 $ 48,000.00 A8 A9 Additional Private Drainage Connection Additional 6 Inch Cleanout 250 LF 30.00 $ 7,500.00 50.00 $ 12,500.00 13.00 $ 3,250.00 35.00 $ 8,750.00 20 EA $ 400.00 $ 8,000.00 400.00 $ 8,000.00 $ 250.00 $ 5,000.00 $ 450.00 $ 9,000.00 Al 0 A11 Topsoil 1000 CY 35.00 $ 35,000.00 35.00 $ 35,000.00 38.50 $ 38,500.00 35.00 $ 35,000.00 Bark Mulch 100 CY 35.00 $ 3,500.00 40.00 $ 4,000.00 35.00 $ 3,500.00 30.00 $ 3,000.00 Al2 Al 3 Hydroseed 2000 SY 5.00 $ 10,000.00 5.00 $ 10,000,00 1.00 $ 2,000.00 0.80 $ 1,600.00 Wood Board Fence, 4' height 600 LF 30.00 $ 18,000.00 23.00 $ 13,800.00 25.00 $ 15,000.00 26.00 $ 15,600.00 Al 4 Al 5 Wood Board Fence, 6' height Chain Link Fence 1000 LF 35.00 $ 35,000.00 25.00 $ 25,000.00 26.00 $ 26,000.00 27.00 $ 27,000.00 650 LF $ 25.00 $ 16,250.00 20.00 $ 13,000.00 25.00 $ 16,250.00 21.00 $ 13,650.00 Alb Chain Link Fence, Vinyl Coated 360 LF 30.00 $ 10,800.00 25.00 $ 9,000.00 25.00 $ 9,000.00 26.00 $ 9,360.00 All Relocate /Reset Existing Fence 2200 LF 20.00 $ 44,000.00 12.00 $ 26,400.00_ 19.00 $ 41,800.00 21.00 $ 46,200.00 TOTAL SCHEDULE A $ 4,562,550.00 $ 3,962,500.00 $ 4,447,000,00 $ 5,378,060.00 SCHEDULE B (ADDITIVE ITEM NO. 1) B1 Water Service Improvements 1 LS $ 437,400.00 $ 437,400.00 $ 780,000.00 $ 780,000.00 $ 385,939.00 $ 385,939.00 $ 574,952.00 $ 574,952.00 B2 Trench/ Excavation Protection (Water System Improvements) 1 LS $ 5,200.00 $ 5,200.00 $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 B3 Additional Fittings 2000 LB 1.00 $ 2,000.00 5.00 $ 10,000.00 4.00 $ 8,000.00 $ 3.95 $ 7,900.00 TOTAL SCHEDULE B SALES TAX @ 8.8% TOTAL SCHEDULE B $ 444,600,00 $ 39,124,80 $ 483,724.80 $ 795,000.00 $ 69,960.00 $ 864,960.00 $ 394,939.00 $ 34,754.63 $ 429,693.63 $ 584,352.00 $ 51,422.98 $ 635,774.98 SCHEDULE C (ADDITIVE ITEM NO. 2) C1 Sewer Service Improvements 1 LS C2 TTrench/ Excavation Protection (Sewer System Improvements 1 LS $ 93,000.00 J $ $ 1,000.00 I $ 93,000.00 $ 68,000.00 $ 68,000.00 $ 59,000.00 $ 59,000.00 $ 113,403.00 $ 113,403.00 1,000.00 $ 2,500.00 $ 2,500.00 $ 1,500.00 $ 1,500.00 $ 2,340.00 $ 2,340.00 TOTAL SCHEDULE C $ 94,000,00 $ 70,500.00 $ 60,500.00 $ 115,743.00 SALES TAX © 8.8% $ 8,272.00 $ 6,204.00 $ 5,324.00 $ 10,185.38 TOTAL SCHEDULE C $ 102,272.00 $ 76,704.00 $ 65,824.00 $ 125,928.38 TOTAL BID PRICE SCHEDULES A, B AND C $ 5,148,546.80 $ 4,904,164.00 $ 4,942,517.63 $ 6,139,763,36 Utilities Committee March 22, 2005 Present: Dave Fenton, Chair; Joan Hernandez, Jim Haggerton Jim Morrow, Frank Iriarte, Gail Labanara, Bob Giberson, Pat Brodin, Ryan Larson, Mike Ronda, Lucy Lauterbach 1. Strander Blvd Storm Water Pump Station and Road Bid Award A project to replace the gravity storm drainage line along Strander Blvd between Andover Park East and the Green River is needed. Flooding currently exceeds the pipe's capacity, and a larger pipe will replace the current facilities and a new pump station will be built. Errors were found in the two lowest bid prices, so the third lowest bidder is the bid award recipient. Because the cost was higher than anticipated, funds ITom neighborhood drainage and future GIS mapping will be used to supplement the project budget. The contractor is Frank Coluccio and the cost is $1.566 million. Recommend bid award to COW and Re2ular Meetin2s. 2 Strander Blvd. Storm Water Pump Station and Road Construction Services If they had time staff would supply the contract project management for this project. Due to their high workload, they negotiated an agreement with Penhallegon Associates for the work. Public Works already has a contract with Penhallegon to provide design. One supplement is for additional design work for $18,425 and the second supplement is for construction management for $204,386.00. Information only. 3. Cascade View Draina2e Improvement Proiect Both Water District 125 and Val Vue have projects they would like to do to coincide with the city's street and drainage work in Cascade View. The city has prepared interlocal agreements with both utilities. The city will incorporate the utility work into the city project for the Val Vue Sewer distric~ but the bid was too high for Water District 125, so they will be responsible for their own work. The two interlocal agreements spell out the responsibility of both utilities and the city's responsibilities. Recommend two interlocal a2reements to COW and Council for approval. * 4. Cascade View Draina2e Proiect Bid Award The Cascade View Drainage project was bid in February and early March of this year. Three bids were received, and the lowest bid was accepted. The project budget was $4) million, and the lowest bid was $3.96 million. SCI was the low bidder. The city has worked with this contractor on many projects throughout the city, including S. 134th, S. 160th and East Marginal Way. Val Vue Sewer work in Item 2 will be completed for $76,704 bringing the total bid award to $4,039,204.00. Recommend bid award to SCI Infrastructure for $4,039,204 to COW and Re!!Ular Meetin2s. 5. Cascade View Draina2e Construction Mana2ement Services The city first had a contract with KPG for design of the Cascade View Drainage in 2003. The city staffwill provide construction engineering for the project, and KPG will provide construction engineering assistance. Information only. COUNCIL A GEND SyzvoPsis ITEM NO. Meetinn Date 1 Prepared by 1 Mayor's review 1 Council review 1 usk .,m I 3/28/05 BGQ \I 1 (``y c a I c.. (3) 1 1 ITEM INFORMATION CAS NUMBER: 05-050 1 ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE Cascade View Drainage Improvements Consultant's Supplement with KPG, Inc. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date rlitg Date Mtg Date Ml ftg Date Mtg Date Mtg Date i11tg Date: 3/28/05 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S In December 2004, KPG began design of the Cascade View Drainage Improvement Project. SUMMARY Final design is complete and the bid award for construction is underway. This supplement is for KPG to perform construction management services for a fee not to exceed $49,923.60. The majority of the construction management will be completed in- house. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'I E.: 3/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the supplement with KPG, Inc. COM fII I EE Authorize Mayor to sign supplement and forward to COW COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $49,923.60 $568,000.00 Fund Source: 412 Surface Water (page 121, 2005 CEP) Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 3/28/05 1 MTG. DATE ATTACHMENTS 3/28/05 1 Information Memo dated March 16, 2005 1 Consultant Supplement with Scope of Work Utilities Committee Meeting Minutes from March 22, 2005 1 INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ March 16, 2005 Cascade View Drainage Improvement Project Project No. OO-DR06 Supplemental Agreement - Construction :Management Services ISSUE Authorize the Mayor to sign a contract supplement for construction management services for the Cascade View Drainage Improvement project. BACKGROUND KPG, Inc., of Seattle, Washington, and the City of Tukwila entered into Contract No. 03-148 for design services related to the Cascade View Drainage Improvement project in 2003. City staff will provide construction engineering for this project and this supplement will provide construction engineering assistance from KPG, Inc. ANALYSIS A contract supplement for construction services has been negotiated for a fIxed fee not to exceed $49,923.60. Construction services will include attendance at the pre-construction conference and public meeting, contract submittal review, materials testing, and on-call project support. Base Contract Construction Services Supplement TOTAL $ 512,005.18 49.923.60 $ 561.928.78 RECOMMENDATION Authorize the Mayor to sign Supplemental Agreement No.1 to Contract No. 03-148 with KPG, Inc., in the amount of $49,923.60. RL:ad attachment: KPG Supplemental Agreement No. I (p:ProjeaslA- DR ProjcctslOODR06\Dcsignllnfu Memo KPG CoosttucUon 5uppl=) SUPPLEMENTALAGREEMEl\'TNo.l AGREEMENT No. 03-148 PROJECT No. OO-DR06 City ofTukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, W A 98188 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: Cascade View Drainage Improvements This SUPPLEMENTAL AGREEIvIENT NO. 1 is to supplement the agreement entered into with KPG, Inc. and the City ofTukwila, which was executed on the17tD. day of November, 2003. All provisions in the basic agreement remain in effet, except as expressly modified as follows: , Article 2, Scope of Services, shall be modified as follows: The COllsultant agrees to provide construction support services as requested by the City in accordance with the scope of work included as Exhibit A. Article 3, Time for Performance, is ameIlded to change the number of calendar days for completion of the work to read:- Work under this contract shall commence upon the giving or written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement hv Mav 31, 2006. unless an extension of such time is granted in writing by the City. Article 4, Paynient, shall be modified as follows: Payment fo,-"_ work provided by Consultant shall be made as provided on Exhibit B, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $49,923.60 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $561,928.78 without express written modification of the Ag,.eementsigned by the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this of ,2005. day APPROVED: APPROVED: CITY OF TUKWILA KPG, INe. ~~ Nelson Davis Principal Steven M. Mullet Mayor Attested: Jane E. Cantu, City Clerk Exhibit A City of Tukwila Cascade View Drainage Improvements OO-DROB Construction Support Services Amendment _ KPG, Inc Supplemental Agreement No.1 March 17, 2005 The Consultant shall provide engineering support and testing services to assist the City during construction of the- Cascade View Improvements as outlined below: Task 10 Construction Support Services 10.1 The Consultant shall provide continuous project management throughout the construction duration. This includes management of staff, contracting with a City approved testing subconsultant and preparation of monthly invoices and progress reports. Day to day coordination and scheduling of the testing subconsultant will be by the City's authorized field representative. 10.2 The Consultant will attend the pre-construction conference as well as a neighborhood public meeting with the City, Contractor, and affected utility providers. 10.3 The Consultant will assist the City in reviewing submittals. 10.4 The Consultant will attend up to 8 project progress meetings as deemed necessary and requested by the City field representative. 10.5 The Consultant will assist in the review of changed conditions as they arise and make recommendation to the City for field changes/change orders. This may also include on-call support as technical or property issues arise during construction. The construction duration is anticipated to be 300 calendar days with a construction start date of mid to late May 2005. HOUR AND FEE ESTIMATE SUPPLEMENTAL AGREEMENT NO. 1 Project: CIty of Tukwila Cascade View Drainage Improvements Constructjon Support Services ICr • Architecture • Landscape + Civil 'Engineering • Task Description Task 10 - Constructlon Support Services 10.1 Management, coordination, and administration 10.2 Pre-construction conference/public mtg. 10.3 Submittal Review 10.4 Project progress U 10.5 On-coUo�po�/mopon� –^ b 8) Reimbumab|oexpenses ' —^broakdownhurdetai|a Task Totals Project Principal $ 144.47 Senior Engineer $ 119.64 Labor Hour Estimate Project Engineer Engineer/ Landscape $ 79.85 Technician $ 65.80 Clerical $ 58.11 Total Fee Fee 4 0 0 4 4 8 4 4 8 40 0 4 16 16 120 ---- 0 0 8 0 24 0 0 0 0 16 24 0 0 0 4 12 64 156 32 16 2,929.64 20,063.52 20,350.00 28 Reimbursable Breakdown Task 10 Construction Reproduction $ 49,923.60 Total Estimated Fee: $ 49,923.60 Cost 50.00 Task 10 - Tota ------' 300.00 3/17/2005 Utilities Committee March 22, 2005 Present: Dave Fenton, Chair; Joan Hernandez, Jim Haggerton Jim Morrow, Frank Iriarte, Gail Labanara, Bob Giberson, Pat Brodin, Ryan Larson, Mike Ronda, Lucy Lauterbach 1. Strander Blvd Storm Water Pump Station and Road Bid Award A project to replace the gravity storm drainage line along Strander Blvd between Andover Park East and the Green River is needed. Flooding currently exceeds the pipe's capacity, and a larger pipe will replace the current facilities and a new pump station will be built. Errors were found in the two lowest bid prices, so the third lowest bidder is the bid award recipient. Because the cost was higher than anticipated, funds from neighborhood drainage and future GIS mapping will be used to supplement the project budget. The contractor is Frank Coluccio and the cost is $1.566 million. Recommend bid award to COW and Re!!Ular Meetine:s. 2 Strander Blvd. Storm Water Pump Station and Road Construction Services If they had time staff would supply the contract project management for this project. Due to their high workload, they negotiated an agreement with Penhallegon Associates for the work. Public Works already has a contract with Penhallegon to provide design. One supplement is for additional design work for $18,425 and the second supplement is for construction management for $204,386.00. Information only. 3. Cascade View Drainae:e Improvement Project Both Water District 125 and Val Vue have projects they would like to do to coincide with the city's street and drainage work in Cascade View. The city has prepared interlocal agreements with both utilities. The city will incorporate the utility work into the city project for the Val Vue Sewer district, but the bid was too high for Water District 125, so they will be responsible for their own work. The two interlocal agreements spell out the responsibility of both utilities and the city's responsibilities. Recommend two interlocal ae:reements to COW and Council for approval. 4. Cascade View Drainae:e Project Bid Award The Cascade View Drainage project was bid in February and early March of this year. Three bids were received, and the lowest bid was accepted. The project budget was $4,2 million, and the lowest bid was $3.96 million. SCI was the low bidder. The city has worked with this contractor on many projects throughout the city, including S. 134th, S. 160th and East Marginal Way. Val Vue Sewer work in Item 2 will be completed for $76,704 bringing the total bid award to $4,039,204.00. Recommend bid award to SCI Infrastructure for $4.039.204 to COW and Re!!Ular Meetine:s. * 5. Cascade View Drainae:e Construction Manae:ement Services The city first had a contract with KPG for design of the Cascade View Drainage in 2003. The city staff will provide construction engineering for the project, and KPG will provide construction engineering assistance. Information onlv. U.NCIL A GEND Sil'NoPsIs s Initials I f Meeting Date Prepared by f Mayor's review Council review as `O 1 3/28/05 BG 1 1 Z— 1908 1 1 1 1 1 i 1 1 ITEM INFORMATION CAS NUMBER: 05-051 1 ORIGINAL AGENDA DA'ZE: MARCH 28, 2005 AGENDA ITEM TITLE Reprioritization of Two Water Projects CA 1'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other tjltg Date illtg Date Mtg Date Alts Date Mtg Date l Itg Date Mtg Date: 3128105 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIV 1 SPONSOR'S To meet the timeframe of Tukwila Valley South, we recommend that two water projects be SUMMARY reprioritized. The Southcenter Boulevard Water Main Replacement Project would be delayed until 2007 and the Southcenter Pkwy Water Upgrade Project would be funded in 2005. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 3/22/05 RECOMMENDATIONS: SPONSOR /ADMIN. Allow the reprioritization of the two water projects. COMMITTEE Forward to COW for information only. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: 403.01 Water Fund (pages 83 95, 2005 CIP) Comments: 1 MTG. DATE I RECORD OF COUNCIL ACTION 3/28/05 1 MTG. DATE I ATTACHMENTS 3/28/05 1 Information Memo dated March 8, 2005 Pages 83 95, 2005 CIP Utilities Committee Meeting Minutes from March 22, 2005 INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ March 8, 2005 2005 CIP Reurioritization Southcenter Boulevard Water Main Replacement Project No. 98-WT05 Southcenter Parkway Water Upgrade Project No. 04-WT03 BACKGROUND The 2005 Capital Improvement Program slated the Southcenter Boulevard Water Main Replacement to be constructed in 2005 and Southcenter Parkway Water Upgrade to be constructed in 2007. ANALYSIS To meet the time frame requirements of the Tukwila Valley South project, the Public Wodes Department is recommending the Southcenter Boulevard Water Main Replacement be delayed until 2007 and Southcenter Parkway Water Upgrade be funded in 2005. The installation of the water main in Southcenter Parkway would coincide with the installation of the sanitary sewer in Southcenter Parkway that will serve the Tukwila Valley South project. RECOMMENDATION Allow the reprioritization of the two projects so that the Tukwila Valley South project can proceed on schedule. MC:lw (P; Projects\98WT05\mcm003085sm ReprioriWOoD) CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2005 2010 to PROJECT: Southcenter Blvd Water Main Replacement PROJECT NO. 98-WT05 LINE ITEM: 403/01.594.34 . .09 DESCRIPTION: Design and construct new 10" ductile'iron pipe from Grady Way to Tukwila Parkway. JUSTIFICA TION: Aging cast iron system ha~ suffered frequent and spectacular failures. STATUS: Survey and in-house design completed in 2004, construction scheduled for 2005. MAINT. IMPACT: A new pipe will significantly reduce impact on crews from the risk of cataclysmic events. COMMENT: FINANCIAL (in $000'5) Through Estimated 2003 2004 2005 2006 2007 2008 f 2009 2010 BEYOND TOTAL EXPENSES Engineering 25 15 40 Land(R/W) 0 Construction 315 315 TOTAL EXPENSES 25 0 330 0 0 0 0 0 0 355 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 25 0 330 0 0 0 0 0 0 355 TOTAL SOURCES 25 0 330 0 0 0 0 0 0 355 Project Location - W+E S 83 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2005 to 2010 PROJECT: Southcenter Pkwy Water Upgrade (Minkler to 5 180th St) LINE ITEM: 403/01.594.34 . PROJECT NO. 04-WT03 DESCRIPTION: Design and construct 12-inch waterline in Southcenter Pkwy from Minkler Blvd. to South 180th S1. JUSTIFICA TION: Coordinate with installation of sanitary sewer line in Southcenter Pkwy. STATUS: New project for 2005-201 O. MAINT. IMPACT: Improved service will reduce maintenance liability. COMMENT: May coordinate with development in Tukwila Valley South. FINANCIAL (in $OOO's) Through Estimated 2003 2004 2005 2006 2007 2008 f 2009 2010 BEYOND TOTAL EXPENSES Engineering 0 Land(RNI/) 0 Construction 250 250 TOTAL EXPENSES 0 0 0 0 250 0 0 0 0 250 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 0 0 0 0 250 0 0 0 0 250 TOTAL SOURCES 0 0 0 0 250 0 0 0 0 250 W+E S 6) Project Location ~ 95 Utilities Committee March 22, 2005 Page 2 'W 6. 2005 CIP Changes Staff proposed exchanging two projects in the CIP to allow the water ~ line in Southcenter Parkway to be upgraded in conjunction to the work that will be done further south on the road. The Southcenter Blvd Water Main Replacement that was scheduled for 2005 will be moved to 2007, while the 2007 Southcenter Parkway Upgrade from Minkler to S. 180th will move to 2005. Design for the newly rescheduled project will be done this fall, and construction will begin in 2006. Information to COW and Council. 7. InfIltration and Infill Repair on 64th Ave. S. Repair to a sewer manhole under a sidewalk at 15315 64th is needed. The sidewalk, curb and gutter will all be replaced after the work is done. Dennis R. Craig Construction will do the work for $16,543.04. Information. 8. Sewer Lift Station Upgrades Backflow devices are needed on lift station numbers 3,4,7, and 9. The Washington Department of Health is requiring these backflow prevention devices on the water systems at all sewer lift stations. Western Engineering will do the work, which will cost $24,299.89. It is budgeted in the sewer fund. Information. 9. Other In response to a request for an update on the Allentown! Foster sewer project, Jim said the bids had come in $950,000 over budget. When the project was bid last year bids came in $1,000,000 over the estimate. Staff went over the contract with a fme-toothed comb, removing the requirement for imported fill and cutting wherever they could. Still, costs were higher this time. Contractors said it was due to the large increase in oil, diesel, and material prices, including plastic, concrete, and asphalt. Options are to break the project into two parts, get another Public Works Trust Fund loan, or severely cut the project. Information. ~o11l1lllttee chainnan approval Minutes by L. Lauterbach (and Gail Labanara) CtUNCIL A GEND" SYNOPSIS Initials ITEM No. Q �v 101 1 Meeting Date Prepared by 1 Mayor' review I C `ncil review 1 u 1 3/28/05 BG Q50 1 JLL 1 r 1 t 1 1 1 1 ITEM INFORMATION CAS NUMBER: 05-052 I ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TITLE Klickitat /Southcenter Pkwy Consultant's Agreement with HNTB Corp. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other ilftg Date tlftg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: 3/28/05 SPONSOR Council Mayor Adm Svcs El DCD Finance Fire Legal Pe: R Police PTV SPONSOR'S The contract is for the engineering design services for the roadway improvements on SUMMARY Southcenter Pkwy at Klickitat. The roadway improvements include a combination bridge under the northbound lanes and over the southbound lanes. A presentation on the scope of the project was given to Council on 2/14/05. REVIEWED BY COW Mtg. 111 CA &P Cmte F &S Cmte Transportation Cmte El Utilities Cmte Arts Comm. El Parks Comm. El Planning Comm. DALE: 3/28/05 and 1/24/05 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the agreement with HNTB, Inc. COMMIrrEE Approve agreement and forward to COW and then Regular Council. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,168,322.00 $1,161,333.00 $6,989.00 Fund Source: 104 Commercial Streets (page 42, 2005 CIP) Comments: Mitigation and additional federal aid is anticipated. MTG. DATE RECORD OF COUNCIL ACTION 2/14/05 Presentation to Council. 3/28/05 MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 14, 2005 Consultant Agreement with Scope of Work Transportation Committee Meeting Minutes from January 24, 2005 Presented to Transportation Committee on March 28, 2005 (same night) **Agreement contains standard Federal boilerplate language and is, therefore, not copied within this packet. If you want a copy of the complete agreement, it is available trom the Lity LierK•s orTlce. INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ March 14, 2005 Klickitat/Southcenter Pkwv (Urban Center Access Improvement Proiect) Consultant Agreement Project No. 84-RW19 ISSUE Authorize the Mayor to execute a contract in the amount of $1,168,322.00 to provide engineering design services for roadway improvements on Klickitat and Southcenter Pkwy. BACKGROUND Since 2003, staff has been working toward a design to improve traffic conditions at the Klickitat Drive/Southcenter Parkway intersection. A short list of three firms was selected from seven Statements of Qualifications submitted in September 2004. The teams short-listed were Berger/ABAM, HNTB, and DMJM +Harris, all large, national firms. The scoring consistently placed the HNTB team in first place. On January 24,2005, staff brought the consultant selection to the Transportation Committee and was given authorization to begin negotiations on scope and fee for the project. At this time, only the work through the Design Report stage is being contracted. Additional work, specifically [mal design and construction support can be contracted in the future once funding is secured. ANALYSIS The scope and fee have been developed using Federal Aid fOnTIs. This was done in anticipation of receiving federal funds for this project. On March 21, 2005, the City was notified of a partial award of $661,333 from the FFY 2005 Appropriations Act. It is anticipated that the full award, expected later this year, will be approximately $1,000,000 in total. Currently, there is $500,000 City dollars budgeted for a total of $1,161,333 available today. Impact fees from a variety of projects proposed for the Urban Center could yield over $1,000,000 additional funds as early as summer. The accelerated schedule for completion of the 30% Design Report is timed to maximize the potential of obtaining future grants through the Transportation Improvement Board later this year. Total fee for this first phase of work is $1,168,322.00. RECOMMENDATION Authorize the Mayor to execute a contract to provide engineering design services for KlickitatlSouthcenter Pkwy Improvement project in the amount of $1,168,322.00. p:lcyndylJdickilatlinformation memo - contI1!ct award 3-28-05.doc Transportation Committee January 24, 2005 Jim Haggerton; Chair Joe Duffie Pam Carter Jim Morrow Bob Giberson Gail Labanara Robin Tischmak Frank Iriarte Pat Brodin Cyndy Knighton Rhonda Berry Lisa Verner Lucy Lauterbach Brent Carson David Markley Dave Kautz Bill Arthur Greg Sherlock 1. Boeing Access Road Bridge Deck Project Acceptance Concrete Barrier, Inc won the contract to reconstruct the bridge deck and overlay the Boeing Access Bridge over the railroad. The work was done last summer, and had one price overrun due to increased depth of bridge deck removal, repair and bridge deck overlay. The project has been approved, and is ready for final acceptance. It is within budget. Recommend contract approval on consent agenda of a Regular Meeting. 2. 2005 Traffic Count Contract Traffic counts are done monthly at 12 locations, and annually in the CBD. Requests for proposals led to a proposal that is even lower than last year's contract. Traffic Data Gathering won the contract with a proposal for $5,275. Committee approval. 3. 2005 Overlay Staff explained that they did not include KPG, who has done the design for street overlays for many years in Tukwila, to bid, as they are involved in to.o many Tukwila projects already. Three other fiIDls were short-listed, and W &H Pacific was selected. They will design 43rd Ave.l60th-end; S. 164thMilitary-515t; 49th Ave. S S.l64th-end; Macadam Road S. S. of 131stPl- N.ofS.12Sth; Macadam Road S. S. lS0th_S. 144th; S. 11Sth Interurban to 40th; and tow alternatives: Southcenter Blvd 615t_66th; and 42nd Ave. Interurban- S. 124th. Approve selection ofW&H to design 2005 overlav to COW and Regular Meetings. 4. Crosswalk Request The School District has asked the City to approved a mid-block crosswalk at Thorndyke from the school to across S. 150th. The problem is that the parking lot gets too congested by all the parents who pick their kids up. Some parents wait on the north side ofS. l50th, and with all the traffic, the school thinks it dangerous for kids to be crossing to those waiting parents. Jim H agreed with Jim M's suggestion that it's a children/parent problem. A crossing guard could be used instead of a crosswalk, which provides a false sense off safety. Jim H also noted a better method would be to build the roadway from the parking lot to go around the school, coming out on the east side of the school. The school had looked at that, and asked if the City would build it. Committee support for Public Works decision. * 5. KJickitat Design Consultant Selection A report was done after a charette and study on the Klickitat area. A Modified 3-B option would have brought a flyover ramp over I-S from the southbound I-S lanes. When they asked for design proposals from three firnls, they offered $10,000 if the fiIDls would look at Option 3-B and analyze its feasibility, cost-benefit, and perhaps suggest another alternative. The fiIDl HNTB came up with what staff described as an elegant and simple replacement for the flyover. It is a combination bridge under the northbound lanes and over the southbound lanes. Though it costs the same as 3-B, it will take much less approval time from WSDOT, takes less Mall property, and allows for phasing of the project. Design may cost $3.5 million, with the city now having $500,000. Endorse be~!inning negotiation on scope and fee with HNTB~ bring issue to CO\V for information. 6. South center Parkway Extension/S. 178tl1 Alignment La Pianta \-vould like the City to design and build the Southcenter Parkway extension and the S. 17Sth realignment by summer, 2007. This also includes the sewer and surface water systems near the roadway. For that to be possible, design needs to be started immediately, and other projects would have to make room for this project to proceed very quickly. At the end of November, 2004, the draft EIS from Segale was given to the City. S. 17SIh is shown winding around the storm water detention pond at the north end near S. 180111. Construction will take two full seasons once the designs are all finished. Preloading of the road and utility spaces will be required. 12 "'-18" of settlement is expected. The road and utility areas will also need to be de-watered throughout construction. The contracts to construct will need to be advertised by December of this year so that construction can begin in spring. Staff would like to extend the David Evans contract for roadway extending the road to S. 2041h. Design is also needed to include both sewer and surface water also. There is no budget for that design this year yet. There is some risk about designing the realignment of S. 17Sth as it may not work for a couple of reasons. Extra design will cost about $500,000 this year. Options for the funding are the Ending Fund Balance or an offset in another project. Refer issue to Feb 7 meeting for discussion of options. 7. Level of Service Standards and Concurrency Because the City's Transportation Element of the Comprehensive Plan needs to be strengthened, the City needs to adopt a new standard for development/concurrency ordinance to be a part of that. Concurrency is a very difficult and complex issue. It affects how much each new development in the City must pay to mitigate the impact of their traffic on the area. The level of service (LOS) tolerable at various areas in the City, as well as the current deficiencies in traffic in the City are part of the problem. Whether to charge a flat rate to all new businesses in the CBD for example, has to be balanced with the current practice of requiring a traffic study of the new developments in order to know the basis to charge them. To charge everyone a flat rate would require the City to know the traffic needs and levels of service throughout the CBD. If a business does not meet the LOS decisions must be made for how to deal with the business. The disadvantage of our current system is it requires the developer to do a traffic study, and delays the knowledge of how much the developer will need to pay for mitigation. lfthe other method were used, the City would estimate city growth for the coming year, calculate LOS throughout the City, and project the growth of each project's traffic. It is much simpler for the developers, but requires more work from the City. There are many ways to calculate what LOS the City wants. How the City should measure LOS is one of the first questions, and how much traffic congestion the City will tolerate is another question. Whether developers should be charged for traffic at their site only or further afield needs to be answered. Impact fees cannot be charged for existing deficiencies, maintenance, transit facilities, or facilities funded by grants or taxes. Cyndy said because it is such a large issue, she will bring it in smaller pieces when the Council discusses it. Information onlv. 6# Committee chair approval -, -.- ) COUNCIL A GENDA Siiwosis Z Initials ITEM No. 1� i Meeting Date Prepared L Mayor's review 1 Council review 1 s I 3/28/05 BG E5 Li I 0 I c. (1 ITEM INFORMATION CAS NUMBER: 05-053 I ORIGINAL AGENDA DA1'E: MARCH 28, 2005 AGENDA ITEM TITLE Bid Award for construction of the S. 144" St Improvements Phase I Project CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date illtg Date Mtg Date Mtg Date 3/28/05 Mbltg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S The project was advertised on February 14, 21, and 28 and six bids were opened on March SUMMARY 8, 2005. The low bid of $1,810,600 was from Rodarte Construction, Inc. There is also an Additive Item for $29,865.60 that is for Water District 125 improvements and will be paid by Water District 125 through an invoice. Total bid award for $1,840,465.60. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. El Parks Comm. Planning Comm. DA 1E: 3/28/05 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to the low bidder Rodarte Construction, Inc. COMMITTEE Forward to COW and Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,840,465.60 $2,700,000.00 Fund Source: 104 Commercial Streets (page 46, 2005 CIP) Comments: MTG. DATE I RECORD OF COUNCIL ACTION 3/28/05 II I MTG. DATE I ATTACHMENTS 3/28/05 1 Information Memo dated March 22, 2005 Bid Tabulation Presented to Transportation Committee on March 28, 2005 (same night) 7.., COUNCIL A GEND SYAroPSIS o Z' Initialr ITEtII NO, review i X Prepared 1 Mayor's review 1 Council I �Ieetin Date Pr erred b y 5) 0 3/28/05 BG any 1 tCi. L- 1908 I I 5, -C. cp_) ITEM INFORMATION CAS NUMBER: 05-054 I ORIGINAL AGENDA DATE: MARCH 28, 2005 AGENDA ITEM TIME South 144 St Improvement Phase I Consultant's Supplement with KPG, Inc. CATEGORY 111 Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Aftg Date Mtg Date Mtg Date Mtg Date ilitg Date illtg Date: 3/28/05 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S In 2002, KPG began design of the South 144 Street Improvement Project Phase L Final SUMMARY design is complete and the bid award for construction is underway. This supplement is for KPG to perform construction management services for the project for a fee not to exceed $273,700.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/28/05 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the supplement with KPG, Inc. COMbIIl'1 "I E Authorize Mayor to sign supplement and forward to COW for information only. As a supplement to an existing contract, no formal action is needed by Council. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $273,700.00 $3,084,000.00 Fund Source: 104 Commercial Streets (page 46, 2005 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 MTG. DATE ATTACHMENTS 3/28/05 Information Memo dated March 23, 2005 Consultant Supplement with Scope of Work Presented to Transportation Committee on March 28, 2005 (same night) INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public W orks Directo~ March 22, 2003 S 144th Street Phase I Improvement Pr~iect (Tm to Military Road) Project No. 95-RSOl Bid Award ISSUE Award of Base Bid and Additional Alternate Item for the S 144th Street Improvement Project. BACKGROUND The S 144th Street Project Phase I will install sidewalks, bike lanes, streetscape improvements, wider travel lanes, and underground utilities. The limits for Phase I are from Military Road east to Tukwila International Boulevard. Phase IT is from Tukwila International Boulevard east to 4200 Avenue S and is scheduled for construction in 2007. ANALYSIS This project was advertised on February 14, 21 and 28, 2005. Six bids were received and opened on March 8, 2005. One bid was irregular and not considered. Rodarte Construction, Inc. submitted the low base bid of $1,810,600.00. Rodarte Construction Inc. was the contractor who built the Cascade View Community Park and street improvements along 37th Avenue S in 2003. In addition to the base bid, one additive alternate item was included. The additive alternate portion of the bid is for work to Water District 125 infrastructure. The Water District has agreed to reimburse the City of Tukwila for Rodarte's work done as part of this additive alternate. BUDGET AND BID SUMMARY Base Bid Amount Seattle City Light Contingency (10% Base Bid) Total Additional Alternate Item Bid Results/Estimate $ 1,810,600.00 331,099.37 181,060.00 $ 2,322,759.37 29,865.60 Budget $ 2,700,000.00 $ 2,700,000.00 to be paid by WD 125 RECOMMENDATION Award the construction contract for the Base Bid of $1,810,600.00 and Additive Item for $29,865.60 to Rodarte Construction, Inc. for the total contract amount of $1,840,465.60. h:\pubworks\cyndy\s 144th street\infomation memo- award of contract 3-22-05.doc CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS South 144th Street Improvemonts - Protect No. 95 -RS01 Certified Bid Tabulation By: Susan A. Byors Date: 3/9/2005 IC No. SCHEDULE A Al All Work A2 Unsuitable Foundation Excavation Including Haul A3 Trench /Excavation Protection Item Quantlt Unit KPG Engineer's Estimate Unit Total Cost Cost Rpdarte Construction, Inc. Unit Total Cost Cost Sanders General Con$trtctlpn Unit Total Cost Cost $CI Infrastructure, LLC Unit Total Cost Cost Dennis R. Crota Construction. Inc Unit Cost Total Cost Gary Morlino Construction Co.. Inc, Unit Total Cost Cost 1 LS $ 2,285,850.00 $ 2,285,850.00 $ 1,800,000.00 $ 1,800,000.00 $ 1,938,500.00 $ 1,938,500.00 $2,193,000.00 $2,193,000.00 $2.646.552.00 $2,646,552.00 $ 2,750,000.00 $ 2,750,000,00 300 CY $ 18.00 $ 5,400.00 $ 32.00 $ 9,600.00 $ 55.00 $ 16,500.00 $ 40.00 $ 12,000.00 $ 23.50 $ 7,050.00 $ 25.00 $ 7,500.00 LS $ 6,000.00 $ 6,000.00 $ 1,000.00 $ 1,000.00 $ 7,000.00 $ 7,000.00 $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000,00 SCHEDULE B B1 Service Connection, 3/4 -Inch, Short Side 82 Service Connection, 3/4 -Inch, Long Side B3 Service Connection, 2 -Inch, Long Side 84 Service Connection, 4 -Inch, Long Side B5 Relocate Water Meter Box B6 Adjust Water Meter Box B7 Adjust Water Valve Box 3 4 2 2 7 6 6 EA EA EA EA EA EA EA $ 1,000.00 $ 1,500.00 $ 2,000.00 $ 3,000.00 $ 350.00 $ 350.00 $ 200.00 $ 3,000.00 $ $ 6,000.00 $ $ 4,000.00 $ $ 6,000.00 $ $ 2,450.00 $ $ 2,100.00 $ $ 1,200.00 $ 1,000.00 $ 1,000.00 $ 2,200.00 $ 5,100.00 $ 300.00 $ 200,00 $ 425.00 $ 3,000.00 $ 4,000.00 $ 4,400.00 $ 10,200.00 $ 2,100,00 $ 1,200,00 $ 2,550.00 $ 1,530.00 $ 4,590.00 $ 1,580.00 $ 6,320.00 $ 2,685.00 $ 5,370.00 $ 2,270.00 $ 4,540.00 $ 1,510,00 $ 10,570.00 $ 130.00 $ 780.00 $ 130.00 $ 780,00 $ Corrected Math Error 1,000.00 $ 3,000.00 $ 1,100.00 $ 4,400.00 $ 2,000.00 $ 4,000.00 $ 3,800.00 $ 7,600.00 $ 300.00 $ 2,100.00 $ 250.00 $ 1,500.00 $ 250.00 $ 1,500.00 $ 945.00 $ 2,835.00 $ 1.275.00 $ 5,100.00 $ 2,812,00 $ 5,624,00 $ 4,844.00 $ 9,688.00 $ 425.00 $ 2,975.00 $ 350.00 $ 2,100.00 $ 325.00 $ 1,950.00 $ 1,100.00 $ 3,300.00 1,400.00 $ 5,600.00 2,800.00 $ 5,600.00 5,000.00 $ 10,000.00 100.00 $ 700.00 250.00 $ 1,500.00 300.00 $ 1,800.00 TOTAL SCHEDULE B SALES TAX 0 8.8% $ 24,750.00 $ 2,178.00 $ 27,450.00 $ 2,415.60 $ 32,950.00 $ 2,899.60 $ 24,100.00 $ 2,120.80 $ 30,272.00 $ 2,663.94 $ 28,500.00 $ 2,508.00 TOTAL SCHEDULE B $ 26,928.00 $ 29,865.60 •$ 35,849.60 $ 26,220.80 $ 32,935.94 $ 31,008.00 TOTAL BID PRICE SCHEDULES A AND B $ 2 324 178.00 1 840 485.80 1 997 849.60 $ 2 251 220.80 $ 2 701 537.94 2 798 508.00 79% 85% 133% 97% 97% 116% 122% 120% 115% INFORMATION MEMO To: From: Date: Subject: Mayor Mullet Public Works Director~ March 23, 2005 S 144th Street Improvements Phase I (Tffi to Military Road) Construction Management Services Contract No. 02-036 Project No. 95-RSOl ISSUE Authorize the Mayor to sign a contract supplement for construction management services on the S 144th Street Improvement Project Phase 1. BACKGROUND KPG, Inc., of Seattle, Washington, and the City of Tukwila entered into Contract No. 02-036 for design services related to the S 144th project in 2002. KPG, Inc., has teamed with Entranco, Inc., to perform the construction management services for this project. ANALYSIS A contract supplement for construction services has been negotiated for a fIxed fee not to exceed $273,700.00. TOTAL $ 282,236.24 273,700.00 $ 555,936.24 Base Contract and Supplement 1 Construction Services RECOMMENDATION Authorize the Mayor to sign Supplemental Agreement No. 2 to Contract No. 02-036 with KPG, Inc., in the amount of $273,700.00. attachment: Supplemental Agreement No.2 (p:Projo:ts\A- RW & RS Projects'\95RSOI\Info :Memo EllU'aIJo:O Oi suppl~m to KPG) SUPPLEMEl'il'AL AGREE?vIEI\l' NO.2 AGREEMEI\l' No. 02-036 PROJECT No. 95-RSOl City ofTukwila Public Warks Department 6300 Southcenter Boulevard #100 Tukwila, WPl 98199 KPG, Inc. 753 - 9th Plvenue N. Seattle, WA 98109 PROJECT: S 144m Street (TIB to Military Road) This SlJPPLErvrENIAL AGREEMEi'I'T NO.2 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the pT day of April 2002. All provisions in the basic agreement remain in efkt, except as expressly modified as follows: Article 2, Scope of Senices, shall be modified as follows: The Consultant agrees to provide engineering services as requested by the City in accordance with the scope of work included as Exhibit A. Article 3, Time for Performance,is amended to change the number of calendar days for completion of the work to read: Work under this contract shall commence upon the giving or written notice by the City to the Consultant to proceed. The Consultant shall peiform all services and provide all work product required pursuant to this Agreement bv October 31.2006, unless an extension of such time is granted in 'writing by the City. A.rticle 4, Payment, shall be modified as follows: Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto, provided that the total amount of payment to the Consultant for this wo;-J~ not exceed 5273,700.00 1-vithout e:>..press written modification of the Agreement signed by the City. The new total contract shall not exceed $555,936.24 without eJ.press written modification of the Agreement signed by the City. IN WIThTESS \VHEREOF, the parties hereto have set their hands and" seals this of ,2005. day APPROVED: APPROVED: CITY OF TUKWIIA KPG, INC. ~~ Nelson Davis, P.E. Senior Engineer Steven M. Mullet Mayor Attested: Jane E. Cantu, City Clerk Exhibit A City of Tukwila South 144th Street Roadway Improvements 42nd Avenue South to Military Road Construction Services Amendment KPG, Inc Supplemental Agreement No.2 March 9, 2005 The Consultant shall provide Construction Management and Field Observation services for the S 144m Street Improvement Project between Tukwila International Boulevard and Military Road as outlinea below: . Task 11 Construction Support Services 11.1 The Consultant shall provide continuous project management throughout the construction duration. This includes management of staff and testing subconsultant and preparation of monthly invoices and progress reports. 11.2 The Consultant will attend the pre-construction conference with the City, Contractor, and affected utility providers. 11.3 The Consultant will assist the City in reviewing submittals. 11.4 The Consultant will attend up to 8 project progress meetings as necessary to . 11.5 The Consultant will assist in the review of changed conditions as they arise and make recommendation to the City for field changes/change orders. In addition to the construction support services outlined above additional Construction Services \lvill be provided as out!in~d in the attached Exhibit A-2. The construction duration is anticipated to be 365 calendar days with a construction start date of mid to late April 2005. HOUR AND FEE ESTIMATE EXHIBIT SUPPLEMENTAL AGREEMENT NO. 2 Project: City of Tukwfla South 144th Street Improvements Tukwila International Boulevard to Military Road IP Cr • Architecture • ' Landscape Architecture lp Civil Engineering j Task Description Labor Hour Estimate Project Principal $ 138.22 Senior Engineer Project Engineer $ 96.75 Engineer/ Landscape $ 76.02 Technician $ 62.20 Clerical $ 55.29 Total Fee Fee rasI 11 - Construction Support Services 11.1 Management, coordination, and administration 112 Pre-construction ����--------- 11.3 Submittal Review — - 11.4 Project meetings `_�____________ 11.5 Review/recommend cha conditions/Respond o questions Ro|mbumab|aexpenaoa'oaebmakUmwnfordmta|� --- Task Totals 12 O 2 0 10 8 16 16 40 24 0 .O 0 16 0 22 48 16 24 2,943.52 0 421.28 0 2,156.16 0 3,675.44 4 7,821.96 28 273,700.00 Total Estimated Fee: $ 273,700.00 Reimbursable Breakdown Cost Task 11 - Construction Support Services Enbanuo(oouaU�ohadExhib8B�) '-----�-------------------- ---�-^--------�-- - $ 256,461.24 _ _ _ ___ ____ _ ________ _. ____ =.=����� ---�--�---�------' --------- -- -�' ----- —'-- -------- --' ----- — - ----�---����OO Postage $ 20.80 Mileage -------'-'----- $ 180.40 - Task 11 Total — — -- --- —'--� ---- $ 256.081.64 3/23/2005 Exhibit B City of Tukwila South 144m Street Improvement Project Contract Number 95-RS01 Construction Services Scope of Work March 7, 2005 Construction Services This work will provide construction services for the construction contract to complete the South 144m Street Improvement Project (hereinafter called "Project"). These services will include project management, inspection, and contract administration required during the construction of the project, _as detailed below: Entranco, Inc. ("Consultant") will provide to KPG for the City of Tukwila, Washington ("Client") construction services for South 144m Street Improvement Project A detailed scope for the Contract follows: I. INTRODUCTION The Consultant will perform the following scope of construction services on the Project. The scope of services and associated cost of services are based upon the assumptions outlined below. Assumptions: · The accompanying budget for the services detailed below is based on the services of one part-time-time resident engineer and one full time inspector during a 365 Calender day or an approximate 1 year construction contract. During this period it is understood that the contract will have a winter shutdown from November 1, 2005 to March 2006, approximately 120 Calender days, and in addition no work will be performed during an additional 90-day shut down for utilities work to be performed. Our estimate for services'is based on an approximately 155 calendar day inspection period. An increase or decrease in the number of working days affects the time the resident engineer, inspector and related support staff will be required to work on the project. · The proposed project team will include a part-time resident engineer, full time inspector, scheduling support, and contract administration support throughout the project. · Mileage: Mileage will be charged on a round trip basis from our Bellevue office, unless staff is traveling directly to the site from locations closer than Bellevue. At no time will mileage be charged from locations beyond our Bellevue office. · Field office: The contractor will supply a temporary office building in accordance with section 1-04.9 of the contract specifications for our use. We also assume that the Contractor will provide power and telephone service (local and long distance). Entranco will provide a desktop computer for use on the Project. The Contractor will add Entranco as additional insured during the course of construction in the event of theft, vandalism, or other incident(s) including 3rd party liability. II. DETAILED SCOPE OF WORK 144th Draft Scope.doc Page 1 of 4 Task 1 - Project Management. Provide overall project management, coordination with the Client, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures, prepare invoice and submit project progress letter to the Client. Task 2 - Preconstruction Services 2.1 Preconstruction Conference. The Consultant shall prepare an agenda for, distribute notices of the conference, and will conduct a preconstruction conference in the Client's offices. The Consultant's project manager, principal for construction services, and resident inspector will attend the preconstruction conference and will prepare a written record of the meeting. The consultant shall also distribute copies of the minutes to all attendees and affected agencies, staff, etc. 2.2 Provide one set of preconstruction photographs to the Client. Task 3 - Construction Services - Field 3.1 Provide the services of one full-time inspedor and supplemental inspectors for pipe, roadway, electrical, and other items, as needed, on the project site who will observe the technical conduct of the construction, including providing day to day contact with the Contractor and the Client. By providing such assistance, the Consultant shall assume no responsibility for proper construction techniques and job site safety. The presence of the Consultant's p~rsonnel at the construction site is for the purpose of providing to the Client a greater degree of confidence that the completed work will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction contractor(s). The Consultant's personnel shall act in accordance with Section 1-05.1 and 1-05.2 of the current WSDOT Standard Specifications. The Consultant will endeavor to protect all parties against defects and deficiencies in the work of the Contractor(s), but cannot guarantee the Contractors' performance and shall not be responsible for 'construction means, methods, techniques, sequences of procedures, . or for safety precautions and programs in connection with the work performed by the construction contractor(s) and any subcontractors. 3.2 Prepare daily construction reports, utilizing Consultant report forms, detailing the contractors operations performed for each day the Consultant is on site; measure the quantities of materials installed, log equipment and staff used, and other items. 3.3 Decide questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the Contractor, including response to related questions from adjacent property owners and the general public. 3.4 Prepare field records and documents to help assure the project is administered in accordance with funding requirements. 3.5 Provide periodic photographs during the course of construction. Photographs to be labeled with date taken and subject matter. 144th Draft Scope.doc Page 2 of 4 3.6 Contract with an independent laboratory material testing services (field sampling, sieve analysis, in situ density tests, extraction, rice density. A $ 7500 allowance has been included for testing services from an independent laboratory. 3.7 Punch list. Upon substantial completion of work, coordinate with the Client and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punch list' of items to be completed. This will be issued with the Certificate of Substantial Completion, which will be issued by the Consultant. Task 4 - Construction Services - Field Office 4.1 Day to day project management: liaison with Client on a regular basis to discuss project issues and status. 4.2 Plan interpretations. Provide technical interpretations of the drawings, specifications and contract documents, and evaluate requested deviations from the approved design or specifications. 4.3 Weekly meetings. Lead weekly meetings, including preparing meeting minutes and distributing copies of minutes to attendees. Outstanding issues to be tracked on a weekly basis. Contractor to provide a 3-week schedule of upcoming work at each meeting. 4.4 Record drawings. Review record drawings prepared by the Contractor and forward contractor red-lined set of drawings to the designer for drafting. 4.5 Monthly Pay Requests. Prepare monthly requests for payment, review with the Client and contractor and approve, as permitted. Utilize Client provided format for pay estimates, or Entranco format. Task 5 - Submittal Processing 5.1 Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other data submitted by the Contractor for compliance with the information required by the contract documents. Key submittals to be transmitted to the Designer (KPG) for their review. 5.2 Entranco shall review traffic control, schedule, and materials submittals provided by the Contractor. 5.3 Forward copies of submittals to the Client for their information and review. 5.4 Log and track submittals. Provide updates of log to the Client on a periodic basis. Task 6 - Change Orders 6.1 Change orders. Develop change orders and provide technical assistance to negotiate the change orders. It is assumed that there will be no more than 4 change orders, totaling up to 60 man-hours. (Note: Change orders that may affect facility performance will be transmitted to the Designer for review and concurrence.) 144/h Draft Scope.doc Page 3 of 4 Task 7 - Scheduling Review 7.1 Provide 2 personnel for 40 hour training in the 601, 602 and 603 primavera software training courses. 7.2 Review the cost loaded Primavera schedule and provide comments in accordance with contract documents SP section 1-08. Task 8 - Project Closeout 8.1 Work shall include transfer of all project documents to the City for permanent storage. 8.2 Following completion of all punchlist work, prepare letter to the City recommending project acceptance. Task 9 - Additional Services The services described under this task, and any other additional services requested by the Client, will ,be performed as additional services. Additional work will be performed when authorized by the Client. Authorization to perform additional services will be in the form of an addendum to this agreement, specifying the work to be performed, estimated level of effort, and basis of payment. 9.1 Partnering Workshop. Organize and aid in conducting a partnering workshop to be attended by the relevant project stakeholders, including securing meeting space, retaining catering service, and securing the services of a trained partnering facilitator. 9.2 Provide any additional services resulting from changes in scope or design of the project due to circumstances beyond the Consultant's control. Changes include, but are not limited to, changes in size, complexity, the schedule, character of construction, or method of financing. 9.3 Provide survey crew to perform quality assurance of contractor provided survey work. 9.4 Provide record drawings on media other than described previously, including electronic or scanned images of the record drawings. Also, providing additional sets beyond what is specified above. 9.5 Assist the City with media communications of project status. The Consultant will coordinate media releases and traffic advisory updates if requested by the City. 9.6 Prepare and maintain a project web site showing current construction progress and traffic impacts. 9.7 Provide claims analysis and assistance in resolving claims that are protracted In nature and beyond the scope of the change order process described herein. General Notes It is further understood and agreed that because Consultant did not prepare the Contract Documents 'for the project, Client waives all claims against Consultant arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless from any damage, liability or cost, including reasonable attorneys' fees and defense costs, arising from any errors or omissions contained in the plans, specifications or other Contract Documents prepared by others, except for the negligence or willful misconduct of the Consultant. 144th Draft Scope,dOC Page 4 of 4