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COW 2013-12-09 COMPLETE AGENDA PACKET
COMMITTEE OF THE WHOLE Jim Haggerton,Joe DuffieDennis Robertson David Cline,Allan EkbergVerna Seal Kathy Hougardy,De’Sean QuinnKate Kruller Monday, December 9, 2013, 7:00 Tukwila City Hall Council Chambers PM 1.CALL TO ORDER /PLEDGE OF ALLEGIANCE At this time, you are invited to comment on items notincludedon this agenda 2.CITIZEN COMMENT To comment on an item listedon this agenda, please save your comments until the issue is presented for discussion. a.Discussion on a lease agreement with Engineering Solutions, tenants in Pg.1 3.SPECIALISSUES the 6300 Building. b.Discussion on an ordinance updating the Tukwila Municipal Code Pg.15 regarding the Arts Commission. c.Discussion on an agreement with King Countyrelating to Institutional Pg.37 Network (I-NET) services. d.Discussion on aresolution setting the public hearing date relating to Pg.81 the 41st Avenue South street vacation. e.Discussion on renaming of the pea patch at Riverton Park as “Gully Pg.93 Gardens.” Pg.105 f.Discussion on a collective bargaining agreement with the United Steel Workers for Police Non-Commissioned employees. g.Discussion on an Interlocal Agreement between the City and Tukwila Pg.145 Metropolitan Park District (MPD) for contract support services. h.Discussion on Supplement No. 10 with KPFF for design services relating Pg.181 to the Tukwila Urban Center Pedestrian/Bicycle Bridge Project. a.Mayor 4.REPORTS b.City Council c.Staff d.City Attorney e.Intergovernmental 5.MISCELLANEOUS 6.EXECUTIVE SESSION 7.ADJOURNTO SPECIAL MEETING REGULAR/SPECIALMEETING Monday, December 9, 2013 Page 2 SPECIAL MEETING Ord #2427 Res #1810 1.CALLTO ORDER / ROLL CALL An ordinance repealing Ordinance No. 1309, as codified at Tukwila 2.CONSENTAGENDAPg.225 Municipal Code Chapter 3.80,reenacting Tukwila Municipal Code Chapter 3.80, “Equipment Rental and Replacement Fund,” to update covered equipment and method of replacement funding. 3.UNFINISHED a.Authorize the Mayorto sign a lease agreement with Engineering Pg.1 Solutions for property located at 6300 Southcenter Blvd., Suite 209. BUSINESS b.An ordinance repealing Ordinance No. 1017,as codified at Tukwila Pg.15 Municipal Code Chapter 2.30,reenacting Tukwila Municipal Code Chapter 2.30 as “Tukwila Arts Commission” to update the terms of membership and reestablish a municipal arts fund. c.Authorize the Mayor to sign an agreement with King County for Pg.37 Institutional Network (I-NET) services in the amount of $71,784.00 (excluding tax). d.A resolution fixing the time for a public hearing for vacation of right-Pg.81 of-way withinthe City of Tukwila dedicated for street purposes, generally described as portions of 41st Avenue South. Pg.105 e.Authorize the Mayor to sign a collective bargaining agreementwith the United Steelworkers for the Police Non-Commissioned employees for a period of January 1, 2014 through December 31, 2016. f.Authorize the Mayor to sign anInterlocal Agreement with the Tukwila Pg.145 Metropolitan Park District (MPD) for contract support services. g.Authorize the Mayor to sign Supplement No. 10 to contract #07-123 Pg.181 with KPFF for the Tukwila Urban Center Pedestrian/Bicycle Bridge Project in the amount of $221,419.39. 4.ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800or TukwilaCityClerk@TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/videotaped. COUNCIL AGENDA SYNOPSIS Initials Mee in.:Da e Presared by Ma," s revieor 11/20111011 /4 County review 12/09J13 PB 12/09/13 BG 12/9/13 Motion Date 12/9/13 .,_., Bid Award Mtg Date Public Hearing Mtg Date Other Mtg Date CATEGORY A Discussion ITEM INFORMATION ITEM No. 3.A. & Spec 3.A. 1 STAFF SPONSOR: PAT BRODIN ORIGINAL AGENDA DATE: 12/9/13 AGENDA ITEM TITLE Updated New Lease for Engineering Solutions 12/9/13 Motion Date 12/9/13 E Resolution Mtg Date Bid Award Mtg Date Public Hearing Mtg Date Other Mtg Date CATEGORY A Discussion L U Ordinance Mtg Date Mtg Mtg Date SPONSOR Council U Mayor U HR D('D Finance N Fire U IT Pe7R Police A PW SPONSOR'S Engineering Solutions has been a tenant of the City in Suite 209 of the 6300 Building since SUMMARY 2005. It is being recommended that Council authorize the Mayor to sign a new City- formatted lease with Engineering Solutions for a term of one year that may extend until December 31, 2016. The Committee is being asked to consider this item for the December 9th Council of the Whole and Special Meeting to follow. REVIEWED ) BY COW Mtg. CA&P Cmte LI Utilities Cmte Arts Comm. DATE: 12/3/13 F&S Cmte Transportation Cmte Comm. Planning Comm. CHAIR: ROBERTSON U Parks COMMT i 1EE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole/Special Mtg. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $(Revenue) $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/09/13 MTG. DATE ATTACHMENTS 12/09/13 Informational Memorandum dated November 26, 2013 Draft Lease Agreement Minutes from the Finance and Safety Committee meeting of 12/03/13 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Bob Giberson, Public Works Director BY: Pat Brodin, Operations Manager DATE: November 26, 2013 SUBJECT: Updated New Lease for Engineering Solutions Suite 209, 6300 Building ISSUE Approve the updated lease with Engineering Solutions on a year to year basis with no agreement to extend the term beyond December 31, 2016. BACKGROUND Engineering Solutions has been a tenant in the 6300 Building since 2005. They currently occupy 1,982 square feet of general office space on the second floor. They also have two reserved parking spaces in the garage below the building. Their current lease expires on December 31, 2013. The rental is for $21.50 per square foot for 2014 and can be extended for another year by mutual agreement. Engineering Solutions has been an excellent tenant for the City over the years. Their track record is stellar with our Finance Department wherein they have consistently paid the necessary rent on a timely basis. Throughout the period since 2005, maintenance and repairs to the space (Suite 209) have been minimal and Engineering Solutions continues to abide under Section 7a of the lease to "peaceably and quietly enjoy the premises." RECOMMENDATION It is being recommended that Council authorize the Mayor to sign a new lease with Engineering Solutions for a term of one year that may extend until December 31, 2016. The Committee is being asked to forward this item to the December 9, 2013 Committee of the Whole and Special Meeting to follow that night. ATTACHMENTS Lease Agreement W:\2013 Info Memos - Council \LeaseEngr Solutions.docx 3 4 LEASE AGREEMENT This Lease Agreement (the "Lease ") is entered into on this day of , 2013, between the City of Tukwila, a Washington municipal corporation, (the "City ") and Engineering Solutions, Inc. (the "Lessee "). The City and Lessee agree as follows: 1. PREMISES: The City leases to Lessee the commercial property currently situated at 6300 Southcenter Boulevard, Suite 209, Tukwila, Washington (the "Premises "). The "Premises" is that portion of the building containing approximately 1,982 square feet of rentable area, shown by diagonal lines on Exhibit "A," located on the 2nd floor of the Building. Tenant shall be permitted to park two (2) cars on a reserved basis in the area(s) designated by the City for parking. Tenant shall abide by any and all parking regulations and rules established from time to time by the City. 2. TERM: The term of this Lease shall commence on January 1, 2014, and shall end on December 31, 2014, unless sooner teituinated pursuant to Section 24 below. This Lease may be extended for an additional one year term without further City Council approval if such an extension is agreed to by the Parties. Upon termination of this Lease, Lessee shall surrender all keys to the City at the place then fixed for notice. 3. POSSESSION: Lessee shall be deemed to have accepted possession of the Premises in an "as -is" condition. The City makes no representations to Lessee regarding the Premises including the structural condition of the Premises and the condition of all mechanical, electrical, and other systems. Lessee shall not engage in any improvements or alterations to the Premises without the express written consent of the City. 4. RENT: Monthly rent shall be set at $21.50 per square foot per year and shall be paid in 12 equal monthly installments due on the fifth (5t'') day of each month. If any sums payable by Lessee to the City are not received by the tenth (10th) day of each month, Lessee shall be responsible for paying a late payment for the cost of collecting and handling the late payment. The amount of the late payment shall be five (5) percent of the delinquent amount and shall be in addition to the delinquent amount due. In addition, all delinquent sums not paid within thirty (30) days of the date due shall bear interest at the rate of twelve (12) percent per annum or the highest rate of interest allowable by law, whichever is less. Interest on all delinquent amounts shall be calculated from the original due date to the date of payment. The City's acceptance of less than the full amount of any payment due from Lessee shall not be deemed an accordance and satisfaction or compromise of such payment. 5. SECURITY DEPOSIT: City will transfer security deposit in the amount of $2,642.67 from the expiring lease. If Lessee breaches any covenant or condition of this Lease including but not limited to the payment of Rent, the City may apply all or any part of the security deposit to the payment of any sum in default or any damages suffered by Landlord as a result of Lessee's breach. Any payment to the City from the security deposit shall not be construed as a payment of liquidated damages for any default. If Lessee complies with all of the covenants and conditions of this Lease throughout the Lease term, the security deposit shall be repaid to Lessee without interest within thirty (30) days after the vacation of the Premises by Lessee. LEASE AGREEMENT Page 1 of 8 5 6. USE: Lessee shall use the Premises for the following purposes: General Office. The Premises shall be used only for the uses specified herein and for no other business or purpose without the prior written consent of the City. No act shall be done on or around the Premises that is unlawful or that will increase the existing rate of insurance on the Premises or cause the cancellation of any insurance on the Premises. Lessee shall not commit or allow to be committed any waste upon the Premises or any public or private nuisance. Lessee shall not do or permit anything to be done on the Premises which will obstruct or interfere with the rights of other tenants, or occupants of the Premises or their customers, clients, and visitors or to injure or annoy such persons. 7. LESSEE MAINTENANCE AND REPAIR RESPONSILIBITY: Lessor shall, when and if needed, at Lessor's sole expense, make repairs to the Premises and every part thereof; and Lessee shall maintain the Premises in a neat, clean, sanitary condition. Lessee shall surrender the Premises to the City in good condition upon the termination of this Lease, reasonable wear and tear excepted. 7a QUIET ENJOYMENT: Tenant, upon paying the rent and performing all of its obligations under this Lease, shall peaceably and quietly enjoy the Premises, subject to the terms of this Lease and to any mortgage, lease, or other agreement to which this Lease may be subordinate. 8. SIGNAGE: Lessee shall obtain the City's written consent before installing any signs up on the Premises. Lessee shall install any approved signage at Lessee's sole expense and in compliance with all applicable laws. Lessee shall not damage or deface the Premises when installing or removing signage and shall repair any injury or damage to the Premises caused by such installation or removal. 9. UTILITIES: Lessor shall pay prior to delinquency for all heat, light, water, and all other utility services supplied to the Premises. 10. DESTRUCTION OF PREMISES: If the Premises are completely or partially destroyed by fire or other casualty, or if they are damaged by an uninsured casualty, or by an insured casualty to such an extent that the damage cannot be repaired within sixty (60) days of the occurrence, Lessor shall have the option to restore the Premises or to terminate this Agreement on thirty (30) days written notice, and Lessee shall have the option to terminate this Agreement on thirty (30) days written notice, effective as of any date not more than sixty (60) days after the occurrence. If this Section becomes applicable, Lessor shall advise Lessee within thirty (30) days after such casualty whether Lessor elects to restore the Premises or to terminate this Agreement. If Lessor elects to restore the Premises, it shall commence and prosecute the restoration work with diligence. For the period from the date of the casualty until completion of the repairs (or the date of termination of this Agreement, if Lessor elects not to restore the Premises), the monthly minimum rent shall be abated in the same proportion that the untenantable portion of the Premises bears to the whole thereof, unless the casualty results from Lessee's negligence or its breach of its obligations under this Agreement. 11. HAZARDOUS SUBSTANCES: Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively "Release ") any hazardous substances. sewage, petroleum products, radioactive substances, medicinal, bacteriological, or disease - producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or LEASE AGREEMENT Page 2 of 8 6 toxic in accordance with applicable federal, state and local laws and regulations in any reportable quantities (collectively "Hazardous Substances ") in, on or about the Premises. Lessee shall attach a separate list of Hazardous Substances they propose to store on site and Lessor must accept the list in writing or the Hazardous Substances cannot be stored on site. Lessee shall indemnify, hold harmless, and defend Lessor from any and all claims, liabilities, losses, damages, clean -up costs, response costs and expenses, including reasonable attorney's fees, arising out of or in any way related to the Release by Lessee, or any of its agents, representatives or employees, or to the presence of such Hazardous Substances in, on or about the Premises occurring at any time after the effective date of this Agreement to the full extent of Lessee's liability. 12. ALTERATIONS AND ADDITIONS BY LESSEE: After obtaining the prior written consent of the City, Lessee may make, at its sole expense, such additional improvements or alterations to the Premises, which it may deem necessary or desirable. Any repairs or new construction by Lessee shall be done in conformity with plans and specifications approved by the City. All work performed shall be done in a workmanlike manner and shall become the property of the City. 13. LIENS: Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee, including those utilities which Lessee is responsible for. 14. INSURANCE: The Lessee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. Lessee's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Lessee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured - Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on an all risk basis. B. Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,J00,000 each occurrence, $1,000,000 general aggregate. LEASE AGREEMENT Page 3 of 8 7 2. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. C. Other Insurance Provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be in excess of the Lessee's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage. Lessee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. F. Waiver of Subrogation. Lessee and the City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. G. City's Property Insurance. The City shall purchase and maintain during the term of the lease all -risk property insurance covering the Building for their full replacement value without any coinsurance provisions. H. Notice of Cancellation. The Lessee shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. I. Failure to Maintain Insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of Lease, upon which the City may, after giving five (5) business days notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. 15. INDEMNIFICATION: Lessee shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of Premises, or from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the LEASE AGREEMENT Page 4 of 8 8 Premises including any injuries or damages caused by any dogs allowed under Section 30, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 16. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this lease or any part thereof, either by operation of law or otherwise, without first obtaining the prior written consent of the City. 17. HOLDING OVER: If after expiration of the Lease term, Tenant remains in possession of the "Premises" with the City's permission, Tenant shall become a tenant from month to month only, upon all the provisions of this Lease, but the monthly rent payable by the Tenant shall be increased to one hundred fifty percent (150 %) of the base monthly rent payable by the Tenant at the expiration of the Lease term. If either the City or the Tenant desires to terminate such month to month tenancy, it shall give the other party not less than thirty (30) days advance written notice of the date of termination. 18. DEFAULT: Failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this Lease, where such failure shall continue for a period of thirty (30) days after written notice from the City to cure the default, shall constitute a default and breach of the Lease by the City. Lessee shall notify the City promptly of any default not by its nature necessarily known to the City. 19. ACCESS: After reasonable notice from the City (except in cases of emergency where no notice is required), Lessee shall permit the City and its agents, employees, and contractors to enter the Premises at all reasonable times to make repairs, alterations, improvements, or inspections. This Section shall not impose any repair or other obligation upon the City not expressly state elsewhere in this Lease. 20. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations or requirements now in force or which may hereafter be in force relating to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with the rules and regulations that the City shall from time to time promulgate, including, without limitation, those regulations affecting signage on the Property. 21. PERMITS: Lessee shall, at its sole cost and expense, be responsible for obtaining any permits or licenses that are necessary to perform the work and covenants of this Lease. 22. PROPERTY TAXES: The City shall be responsible paying all property taxes on the premises. 23. NOTICE: All notices under this lease shall be in writing and shall be effective when mailed by certified mail or delivered to the City at the address below stated, or to Lessee at the address below stated or to such other address as either party may designate from time to time: LEASE AGREEMENT Page 5 of 8 9 CITY OF TUKWILA: LESSEE: CITY OF TUKWILA ATTN: Mayor's Office 6200 Southcenter Boulevard Tukwila, Washington 98188 ENGINEERING SOLUTIONS INC. 6300 Southcenter Boulevard Tukwila, Washington, 98188 24. TERMINATION: Either party has the right to terminate this Agreement if the other party is in default of any material obligation or representation of this Lease which default is incapable of cure, or which being capable of cure, is not cured within fifteen (15) days after receipt of written notice of such default. 25. APPLICABLE LAW; VENUE; ATTORNEY'S FEES: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 26. AUTHORITY OF LESSEE: Lessee, and each individual executing this Lease on behalf of Lessee, represent and warrant that s /he is duly authorized to execute and deliver this Lease, and that this Lease is binding upon Lessee in accordance with its terms. 27. WAIVER AND FORBEARANCE: No waiver by the City of any breach or default by Lessee of any of its obligations or agreement or covenants herein, shall be deemed to he a waiver of any subsequent breach or default of the same or any other covenant, agreement or obligation, nor shall forbearance by the City to seek remedy for any breach or default of Lessee be deemed a waiver by the City or its rights and remedies with respect to such breach or default. 28. ENTIRE AGREEMENT; MODIFICATION: This Lease, together with any attachments or addenda, represents the entire and integrated Lease Agreement between the City and the Lessee and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Lease shall be of any force or effect unless it is in writing and signed by the parties. 29. SEVERABILITY AND SURVIVAL: If any term, condition or provision of this Lease is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Lease, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Lease, shall survive termination of this Lease. 30. DOG OCCUPANCY: Landlord grants permission for Tenant to have his dog in the subject space. This permission is conditioned upon no difficulties with the dog such as barking, "house broken," attacking occupants or visitors of the building. Upon lease expiration, Tenant shall pay $400.00 for professionally deodorizing the subject space. LEASE AGREEMENT Page 6 of 8 10 31. TENANT IMPROVEMENTS: City at its sole cost and expense will - Repaint the subject space - Recarpet the subject space Tenant is granted permission to install static -free tile in two (2) of the offices. Such work shall be done in a professional and workman -like manner. IN WITNESS THEREOF, the parties hereto have executed this Lease the date and year above written. CITY OF TUKWILA: LESSEE: By: By: Its: Its: Date: Date: APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Mayor, is the person who appeared before me, and said person acknowledged that they signed this instrument, and on oath stated that they were authorized to execute the instrument on behalf of the City of Tukwila and acknowledged it to be his/her free and voluntary act for the purposes mentioned in the instrument. DATED: (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of Washington My appointment expires: [Stamp or Seal] LEASE AGREEMENT Page 7 of 8 11 STATE OF COUNTY OF ) ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, and on oath stated that said person was authorized to execute the instrument and acknowledged it to be his /her free and voluntary act for the purposes mentioned in the instrument. DATED: [Stamp or Seal] LEASE AGREEMENT 12 (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: Page 8 of 8 City of Tukwila FINANCE AND SAFETY COMMITTEE Meeting Minutes December 3, 2013 — 5:30 p.m.; Conference Room #3 Finance and Safety Committee PRESENT Councilmembers: Dennis Robertson, Chair; De'Sean Quinn and Verna Seal Staff: David Cline, Vicky Carlsen, Mary Miotke, Pat Brodin, Frank Iriarte, Evie Boykan, Laurel Humphrey CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Revenue Enhancement Options Status Update At previous meetings, the Committee requested additional information regarding Transportation Benefit Districts, false alarm fees, and hazardous material cleanup charges as potential revenue sources. Staff provided an update on these items as summarized below. Transportation Benefit Districts (TBD): During the September 4, 2013 meeting, the Committee requested additional information on the number of commercial and personal vehicles registered in the City. The Department of Licensing was unable to identify the breakdown between the two categories, but did provide the total number of vehicles licensed in the City as 25,689. If a City chooses to impose a $20 fee which does not require a ballot measure, the TBD boundaries must exactly match the City boundaries. Larger fees requiring public approval via a ballot measure can be imposed through TBDs with smaller boundaries within the City. The Committee and staff agreed that all of the new revenue options should be further discussed with other financial policy issues in early 2014. Potential County action regarding the formation of a TBD may affect the City's timing and separate action potential. False Alarm Fees: Current fees for false alarms have not been increased since 2004 (Fire) and 1985 (Police). Staff conducted research comparing current fees to those imposed by other jurisdictions and will present a recommendation to the 2014 Finance and Safety Committee to increase false alarm fees for both Police and Fire. Billing for Hazardous Materials Cleanup on Highways: Staff intends to research existing programs within the tri- county area and will present a recommendation to the 2014 Finance and Safety Committee. INFORMATION ONLY. B. Lease: Engineering Solutions Staff is seeking Council approval for the Mayor to sign a new lease with Engineering Solutions, Inc. for space in the 6300 Building for a term of one year that may extend until December 31, 2016. The rental is for $21.50 per square foot for 2014 and will increase by $0.25 each year thereafter if extended. Engineering Solutions has been an excellent tenant in this space since 2005. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 COMMITTEE OF THE WHOLE AND DECEMBER 9 SPECIAL MEETING. 13 14 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Ma , r:r tr:Fiep Council review 12/09/13 RS - //1 -_, t'',1-• ' - [Z] Ordinance Aftg Date 12/9/13 I I Bid_fi ward Alt,_ Date Public Fl earl n,g A _kg Date Other AN Date CATic, oRY D Alit Date SP ON SOR Council Mayor 1-1 R I I DCL) Finance Fire IT ■ P/OR 1 I Poace 1)1V SPONs()It's An ordinance updating the Tukwila Municipal Code (TMC) 2.30 for the Arts Commission. SUMMARY The TMC has not been updated since 1977. Updates include name of Commission, membership, student representation, and defining the Municipal Arts Fund. RI V I I ,W1,11-) 13Y — COW Mtg. El CA&P Cmte _ F&S Cmte I I Transportation Cmte Utilities Cmte — Arts Comm. Parks Comm. I I Planning Comm. DATE: 11/25/13 COMMITTEE CHAIR: EKBERG RECOMMENDATIONS: SPoNsoR/ADmIN. CommITI'm Parks and Recreation Department Unanimous approval: Forward to Committee of the Whole ITEM INFORMATION ITEM No. 3.B. & Spec 3.B. 15 STAFF SPONSOR: RICK STILL ORIGINAL AGENDA DATE: 12/9/13 AGINI).\ ITEm Trii,ii, TMC Update for the Arts Commission ic cu s si o n 12/9/13 Motion Mtg Date Resolution Alit Date [Z] Ordinance Aftg Date 12/9/13 I I Bid_fi ward Alt,_ Date Public Fl earl n,g A _kg Date Other AN Date CATic, oRY D Alit Date SP ON SOR Council Mayor 1-1 R I I DCL) Finance Fire IT ■ P/OR 1 I Poace 1)1V SPONs()It's An ordinance updating the Tukwila Municipal Code (TMC) 2.30 for the Arts Commission. SUMMARY The TMC has not been updated since 1977. Updates include name of Commission, membership, student representation, and defining the Municipal Arts Fund. RI V I I ,W1,11-) 13Y — COW Mtg. El CA&P Cmte _ F&S Cmte I I Transportation Cmte Utilities Cmte — Arts Comm. Parks Comm. I I Planning Comm. DATE: 11/25/13 COMMITTEE CHAIR: EKBERG RECOMMENDATIONS: SPoNsoR/ADmIN. CommITI'm Parks and Recreation Department Unanimous approval: Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExpINDITURE RHQUIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: MUNICIPAL ARTS FUND Comments: 1% of all qualifying Public Works and Parks and Recreation Capital Improvement Projects. MTG. DATE RECORD OF COUNCIL ACTION 12/9/13 MTG. DATE ATTACHMENTS 12/9/13 Informational Memorandum dated 12/4/13 <modified after CAP> Ordinance in draft form Ordinance 1017 Briefing Paper - Public Art Policy Public Art Matrix 1% Estimate <added after CAP> Minutes from the Community Affairs and Parks Committee of 11/25/13 15 16 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director BY: Stephanie Gardner, Parks and Recreation Analyst DATE: December 4, 2013 SUBJECT: Arts Commission TMC Update <Memo modified based on discussion at CAP; changes shown in strike - through, underlined format.> ISSUE An ordinance updating the Tukwila Municipal Code 2.30 (TMC) for the Arts Commission BACKGROUND The Arts Commission was originally established as the Civic Arts Commission in 1977 by Ordinance #1017 and has not been updated since that time. Throughout the past 36 years the City of Tukwila's Arts Commission has had several volunteers serve on the Commission to ensure arts and cultural endeavors in the City of Tukwila has been represented. The Commission has been empowered to advise and make recommendations to the Mayor and City Council. Throughout the years the Commission has encouraged and maintained public art throughout the City, as well as supported numerous arts and cultural programming opportunities within the City. DISCUSSION Tukwila has grown and changed throughout the past 36 years and the changes in the TMC reflect those changes. Additionally, the proposed changes will facilitate several goals of the City's Strategic Plan. The Arts Commission has reviewed changes to the TMC and is in support of the proposed changes. The proposed updates to the Arts Commission TMC include the following: 1. Name change from Civic Arts Commission to Tukwila Arts Commission 2. Expand members from five to seven members to broaden representation and areas of arts and culture expertise. 3. Add student representation to include student input and guidance in arts and culture. 4. Define the Municipal Arts Fund by allocating 1% of all qualifying Capital Improvement Project for the advancement of public art within the City of Tukwila. Please review attachment C regarding public art funding, and attachment D for a listing of cities that have public art funding sources. If Tukwila were to be listed on the Washington State Public Arts Funding Matrix (Attachment D), an example description could be: "1% of all qualifying Capital Improvement Project shall be used for the purpose of acquisition of or otherwise providing for the advancement of public art within the City of Tukwila. Qualifying Capital Improvement Projects shall include Parks development projects and Public Works projects. 1% of qualifying Capital Improvement Projects shall be calculated based upon construction cost identified at the time the project is funded, 17 INFORMATIONAL MEMO Page 2 and shall exclude any City funded amount for the acquisition of real property, demolition, or equipment. This shall be a fixed amount and shall not fluctuate with future project budget adjustments. Through these changes, the following Strategic Plan goals are focused upon: Goal One: A Community of Inviting Neighborhoods and Vibrant Business Districts Objective A: Cultivate community ownership of shared spaces. Strategy #2: Ensure City -owned properties meet the community's desired look and feel. Strategy #3: Explore ways to use public art to beautify and enrich the community. Goal Five: Promote a Positive Identity and Image of Tukwila. Objective C: Promote a positive identity and image of Tukwila. Strategy #2: Implement a long -term, scalable community branding effort. - Use public art that is representative of the City's diverse communities in the branding effort. FINANCIAL IMPACT 1% of qualifying Capital Improvement Projects funding allocated for use towards public art projects. Attachment E is a spreadsheet which provides an estimate that is illustrative construction projects that may qualify for the 1% RECOMMENDATION The Committee is being asked to forward this item to the December 9, 2013 Committee of the Whole with adoption to follow at the Special Meeting that same night. ATTACHMENTS Attachment A — Draft Ordinance in strike - through underline format Attachment B — Current Ordinance 1017/TMC 2.30 Attachment C — Public Art Policy Briefing, 4Culture Attachment D — WA State Public Arts Funding Matrix Attachment E — 1% Estimate <new> 18 I W:\2013 Info Memos - Council \Arts Commssion 3 FINAL.doc RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1017 AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.30; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.30 AS "TUKWILA ARTS COMMISSION" TO UPDATE THE TERMS OF MEMBERSHIP AND REESTABLISH A MUNICIPAL ARTS FUND; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila, Washington, finds that it is in the public interest, good and welfare to provide local cultural and artistic services and to have available to the City and its citizens a degree of expertise with respect to the visual and performing arts that is not otherwise provided; and WHEREAS, revisions to the membership structure of the Arts Commission and to the funding sources for the Municipal Arts Fund are required; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 2.30 Reenacted. Tukwila Municipal Code (TMC) Chapter 2.30 is hereby reenacted to read as follows: Sections: 2.30.010 2.30.020 2.30.030 2.30.040 2.30.050 CHAPTER 2.30 TUKWILA ARTS COMMISSION Establishment of Commission — Number of Members Terms of Membership Officers of Commission — Meetings — Quorum Powers and Duties Creation of Municipal Arts Fund for Capital Arts Projects W: Word Processing \Ordinances\Arts Commission chapter of TMC update strike -thru 9 -12 -13 SG:bjs Page 1 of 5 19 Section 2. TMC Section 2.30.010 is hereby reenacted to read as follows: 2.30.010 Establishment of Commission — Number of Members There is established the Civic Arts Commission The Tukwila Arts Commission (the "Commission ") is hereby established, which shall be composed of not less than five and not more than seven members who shall be appointed by the Mayor and confirmed by the City Council. At least three members of said Commission shall be involved in the instruction of or otherwise professionally engaged in the visual and /or performing arts whenever possible. Members must be residents of the City of Tukwila or own a business within the city limits of the City of Tukwila. Section 3. TMC Section 2.30.020 is hereby reenacted to read as follows: 2.30.020 Terms of Membership A. Term of membership. 1. The term of membership for the members of the Civic Tukwila Arts Commission shall be four years, provided however, that in order that the fewest terms will- expire in any one yeare all of the current terms of the first existing appointed members shall expire on December 31 of the year set forth below for each respective position number as follows: Position Position Position Position Position Position Position Number 1 shall expire Number 2 shall expire Number 3 shall expire Number 4 shall expire Number 5 shall expire Number 6 shall expire Number 7 shall expire December 31, 1978 2014 December 31, 1979 2014 December 31, 1979 2016 December 31, 1980 2016 December 31, 1980 2016 December 31, 2017 December 31, 2017 2. After the expiration of the current term(s) for the existing Commission members (Positions 1 through 5), each term thereafter shall be for a period of four years. C. The initial positions for numbers for each member shall be determined by lot after the appointment and confirmation of all members at their first organizational City Clerk. W: Word Processing \OrdinancesWrts Commission chapter of TMC update strike -thru 9 -12 -13 SG:bjs 20 Page 2 of 5 B. Student representation. In addition to the appointed positions, the Commission will recruit one student representative to participate on the Commission. The student will be selected during their junior year and be expected to participate through their senior year. The student representative shall be a high school student who resides in the City of Tukwila. C. Vacancies. Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill only the unexpired portion of said term. Section 4. TMC Section 2.30.030 is hereby reenacted to read as follows: 2.30.030 Officers of Commission - Meetings - Quorum Members of the Commission shall meet and organize by electing from the members of the Commission a Chairman and a Vice - chairman, and such other officers as may be determined by the Commission. It shall be the duty of the Chairman to preside at all meetings. The Vice- chairman shall perform this duty in the absence of the Chairman. A majority of the beard- Commission shall constitute a quorum for the transaction of business. The Commission shall set its own meeting dates and shall give notice of such meeting in compliance with the Open Public Meetings Act of the State of Washington, as it now exists and as it may be amended from time to time. In order to ensure that a proper record is kept, staff shall compose written minutes of all meetings of the Commission. All documents and items that go before the Commission shall be part of the legislative record. Section 5. TMC Section 2.30.040 is hereby reenacted to read as follows: 2.30.040 Powers and DutiesFunction and Objectives The Commission is empowered to advise and make recommendations shall serve in an advisory capacity to the Mayor, City Council or other commission or board of the City on matters including, but not limited to, those set forth hereinafter. The activities of the Commission shall include the following: 1. To represent the City's interest in art matters, and to be a spokesman group for art matters in the City, and to keep the Mayor and City Council informed on all such related matters. 2. To be a central body to whom art organizations, artists and anyone interested in cultural advancement of the community may come for information or assistance. 3. To encourage and aid programs for cultural enrichment of Tukwila citizens. 4. To coordinate and strengthen existing organizations in the field of art, and to develop cooperation with schools and regional and national art organizations. 5. To explore ways and methods of obtaining private, local, State, and federal funds to promote art projects within the community. W: Word Processing \Ordinances\Arts Commission chapter of TMC update strike -thru 9 -12 -13 SG:bjs Page 3 of 5 21 6. To review and make recommendations on all works of art acquired by the City, inclusive of all art incorporated into capital improvement projects. 7. To render any other advice and assistance in the field of art, aesthetics and beautification as requested. 8. To render any other assistance to the City in any other artistic activities as may be referred to by the City. Section 6. TMC Section 2.30.050 is hereby reenacted to read as follows: 2.30.050 Creation of Municipal Arts Fund for Capital Arts Projects There is created a special fund entitled the Municipal Arts Fund into which 1% of all qualifying Capital Improvement Project funds, as calculated below, shall be paid that arc transferred. These funds, together with such other funds as -that the City may from time to time transfer into said fund, shall be used to incorporate public art into qualifying Capital Improvement Projects, or for the purpose of acquisition of or otherwise providing for the advancement of visual and performing public arts within said the City of Tukwila. including fcderal, State or other funds to which the City may be entitled now or in the future, Qualifying Capital Improvement Projects shall include Parks development projects and Public Works projects. 1% of qualifying Capital Improvement Projects shall be calculated based upon construction cost identified at the time the project is funded, and shall exclude any City funded amount for the acquisition of real property, demolition, or equipment. This shall be a fixed amount and shall not fluctuate with future project budget adjustments. Section 7. Repealer. Ordinance No. 1017 is hereby repealed. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 9. 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 10. 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. W: Word Processing \Ordinances\Arts Commission chapter of TMC update strike -thru 9 -12 -13 SG:bjs 22 Page 4 of 5 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Arts Commission chapter of TMC update strike -thru 9 -12 -13 SG:bjs Page 5 of 5 23 24 'Attachment BI CITY OF TUKWILA WASHINGTON ORDINANCE NO /9 � 7 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, CREATING A NEW CHAPTER, 2.30, TO THE TUKWILA MUNICIPAL CODE TO ESTABLISH THE CIVIC ARTS COMMISSION; TO ESTABLISH MEMBERSHIP OF SAID COMMISSION AND THE TERMS OF OFFICE AND SETTING FORTH THE FUNCTIONS OF SAID COMMISSION AND CREATING A SPECIAL FUND, THE MUNICIPAL ARTS FUND. WHEREAS, the City Council of the City of Tukwila, Washington, finds that it is in the public interest, good and welfare to provide local cultural and artistic services and to have available to the City and its citizens a degree of expertise with respect to the visual and performing arts that is not otherwise provided, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter, 2.30, is hereby added to the Tukwila Municipal Code, entitled The Civic Arts Commission." Section 2. Section 2.30.010, Establishment of Commission - Number of Members. There is hereby established The Civic Arts Commission which shall be composed of five members who shall be appointed by the Mayor and confirmed by the City Council. At least three members of said commission shall be involved in the instruction or otherwise professionally engaged in the visual and performing arts whenever possible. Section 3. 2.30.020, Terms of Membership. The term of membership for the members of the The Civic Arts Commission shall be four years, provided, however, in order that the fewest terms will expire in any one year, the terms of the first appointed members shall expire on December 31 of the year set forth for each respective position number as follows: Position Number 1 shall expire December 31, 1978 Position Number 2 shall expire December 31, 1979 Position Number 3 shall expire December 31, 1979 Position Number 4 shall expire December 31, 1980 Position Number 5 shall expire December 31, 1980 25 Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill only the unexpired portion of said term. After the expiration of the initial term for the first appointed members, each term thereafter shall be for a period of four years. The initial positions for numbers for each member shall be determined by lot after the appointment and confirmation of all members at their first organizational meeting. Members may be removed by the Mayor with approval of the City Council for such causes as he shall deem sufficient, which shall be set forth in a letter filed with the City Clerk. Section 4. 2.30.030, Officers of Commission - Meetings- Quorum. Members of the Commission shall meet and organize by electing from the members of the Commission, a chairman and a vice - chairman, and such other officers as may be determined by the Commission. It shall be the duty of the chairman to preside at all meetings. The vice - chairman shall perform this duty in the absence of the chairman. A majority of the board shall constitute a quorum for the transaction of business. The Commission shall set its own meeting dates and shall give notice of such meeting in compliance with the Open Public Meeting Act of the State of Washington, as it now exists and as it may be amended from time to time. Section 5. 2.30.040, Powers and Duties. The Commission is empowered to advise and make recommendations to the Mayor, City Council or other commission or board of the city on matters including, but not limited to, those set forth hereinafter. The activities of the Commission shall include the following: A. To represent the city's interest in art matters and to be a spokesman group for art matters in the city and to keep the Mayor and City Council informed on all such related matters; B. To be a central body to whom art organizations, artists and anyone interested in cultural advancement of the community may come for information or assistance; C. To encourage and aid programs for cultural enrichment of Tukwila citizens; D. To coordinante and strengthen existing organizations in the field of art and to develop cooperation with schools and regional and national art organizations; 26 E. To explore ways and methods of obtaining private, local, state, and federal funds to promote art projects within the community; F. To review and make recommendations on all works of art acquired by the city; G. To render any other advice and assistance in the field of art, aesthetics and beautification as requested; H. To render any other assistance to the city in any other artistic activities as may be referred to by the city. Section 6. 2.30.050, Creation of Municipal Arts Fund. There is hereby created a special fund entitled the "Municipal Arts Fund" into which all funds shall be paid that are received by the city from whatever source for the purpose of acquisition of or otherwise providing for the advancement of visual and performing arts within said city, including federal, state or other funds to which the city may be entitled now or in the future, and such other funds as the city may from time to time transfer into said fund. PASED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this /6 524 day of ,< . , 1977. ATTEST APP'OVED AS TO FORM: /..I' C ty Attorney Published: 04t c44"1- e/toto, � uy et , X977 Mayor City Clerk 27 28 Attachment C CULTURE TEL 206 296,7580 VITTY 206 296.8574 FAX 206 296.8679 101 PREFONTAINE P4 S SEATTLE WA 98104 WWW.4CULTURE.ORG Briefing Paper: Public Art Policy and Practice in King County History King County has a long history of support for public art. The Port of Seattle began its collection at the airport in 1969, the first public entity to commission art for public places in the region. King County, the City of Seattle and Washington State all followed in 1973, adopting "Percent for Art" programs. These early programs, particularly the ones in King County and Seattle, remain to this day, models for other governments throughout the country that are establishing policies and percent- for -art legislation. Public art has become a significant part of the identity of this region. From arrival at the airport, or through the waterfront ferries, visitors and residents alike have the opportunity to enjoy a wide range of artworks, expressing a unique and memorable sense of place. As new district authorities and cities have been formed in the area, the majority have adopted percent for art programs as a "standard of the community." King County has been a leading advocate in the establishment of these programs. The following cities in King County have adopted Percent for Art Programs: 1 %: Auburn, Burien, Mercer Island, Redmond, Renton, Seattle, Shoreline Other percentage or funding base: (Bellevue (1.7% with cap); Federal Way (2 %); Issaquah (line item appropriation), Kent ($2 per capita); Sammamish (line item appropriation), Tukwila (line item appropriation) The following cities and counties in Washington State have adopted Percent for Art Programs: 1 %: Bainbridge Island, Bremerton, Edmonds, Ellensburg, Everett, Lynnwood, Mountlake Terrace, Pullman, Port Townsend, Spokane, Tacoma, Wenatchee; Pierce and Kitsap Counties Other percentage or funding base: Olympia (1% + $1 per capita), Snohomish County (line item appropriation, public art funding for certain designated civic building projects) The following governments and /or public authorities have adopted Percent for Art Programs: Port of Seattle (1/2 %), Public Facilities District (1/2 %), Public Stadium Authority (1/2 %), Seattle Monorail Project (1 %), Sound Transit (1 %) Legislation A majority of established public art programs in the United States receive funding from a percentage of capital construction budgets. Some communities mandate that both public construction projects and private developments allocate a percentage for art. A majority of the early programs (1979 -1999) allocate 1% for art. The percentage is based on certain eligible aspects of design and construction. As of 2000, many government percent- for -art programs increased percentages to 1.5 to 2.5 %. A majority of new programs allocate 2% for art. The Federal government for its transportation infrastructure projects allows a "minimum of 1/2% and a maximum of 5 %" for art. Public Art Policy Briefing 3/20/2012 1 29 In King County, the method for calculating art is found in K.C.0 . Chapter 4.40 Financing Art in County Construction. The uses of the percent for art funding, and the way in which County agencies employ artists and review their works is documented in K.C.0 . Chapter 2.46 Public Art Program. To summarize the County's legislation, projects that are visible, accessible or for which there is a need for mitigation contribute to the Public Art Program. The calculation is based on 1% of pre- design, design and construction. Certain elements of a project are excluded from the calculation base: land acquisition, fixture and furnishings budgets, and asbestos removal. Certain types of projects are listed as ineligible: airport runways, roads, sewers and solid waste landfills. Eligible project categories include new construction, reconstruction or remodeling of buildings, parks and trails, commemorative structures, pedestrian and vehicular bridges, surface water management and wastewater treatment projects, transit facility construction projects and solid waste transfer stations. Public Art funds are pooled on a departmental or divisional basis and allocated for art projects based on establish criteria. 4Culture, a Public Development Authority chartered by King County as its cultural service provider, administers the County's public art funding, program and projects. Values that Public Art and Artists Bring to Projects Although in the early years, most public art programs placed works of art in public places, today's public artworks exhibit an extremely wide range of styles and levels of integration, and have been instrumental in creating extraordinary shared spaces in the public realm. Today, artists continue to make objects, but they are also making places. Art is an important part of the equation of a healthy community. Here are some of the values that public art and artists can bring to civic projects: • Creates a unique regional identity and instills a sense of civic purpose and pride • Maximizes resources, especially related to infrastructure projects that become multi - purpose community assets ■ Stimulates economic development: for local artists by offering creative employment, and for the region through increased cultural tourism opportunities • Mitigates the disruptive and possibly visually negative impacts of large -scale construction • Ensures high levels of design standards • Reflects a multi - cultural perspective and population ■ Reveals complex, natural and scientific systems in engaging and poetic ways, helping to ensure that a community understands and is engaged in shared natural resource issues • Elevates the perception of safety in public spaces and leads to a decrease in vandalism • Adds layers of interest, inspiration and meaning to shared spaces • Celebrates the history, culture and people of the community Public Art Policy Briefing 3/20/2012 2 30 Arts Funding Matrix Washington State Municipal Entities Percent Ordinance # Year est. Eligible projects City of Auburn 1% 4546 2008 CIP "public building facilities" City of Bainbridge Island 1% 92 -30 1992 CIP paid for wholly or in part by the city's water and sewer capital funds for sewer and water facility construction. Reconstruction, renovation or remodel of any existing City street or sidewalk or repairs, maintenance, demolition projects equipment cost, real estate acquisitions, or underground utilities. City of Bellevue 1.7% or up to $100,000 + $350K annual approp. 3712 1970's CIP City of Burien 1% Ord 238/ Res 152 2002 Projects funded wholly or in part by the city for the construction or remodeling of government -owned public buildings, transit centers and parks City of Edmonds 1% 1802 1975 City of Everett 1% 1471 -88 City of Federal Way. 2% City of Kent $7 per capita 2552 1985 As recommended by the Arts Commission in consultation with City Staff. City of Lynnwood 1% 1745 1990 CIP paid for wholly or in part by the City of Lynnwood to construct or remodel any building, park, parking facility, or any portion thereof, within the limits of the City except for utilities, streets, sidewalks, walkways, tenant improvements, and furnishings. City of Mercer Island 1% A -108 1993 CIP funded wholly or in part by the City to construct or remodel any public project including building, decorative or commemorative structures, parks, or any portion thereof; and projects involving the construction, renovation or repair of public streets, sidewalks, parking facilities, and water serer, and storm drainage improvements. City of Mountlake Terrace 1% 10538 City of Olympia 1% + $1.00 per capita 5097 1990 1% of "qualifying" CIP's, excepting any City funded amount for the acquisition of real property, demolition, or equipment. 1% shall be based on construction cost identified at the time the project is funded. This shall be a fixed amount and shall not fluctuate with future project budget adjustments. City of Redmond 1% 1640 1991 1% shall be based on construction cost identified at the time the project is funded. This shall be a fixed amount and shall not fluctuate with future project budget adjustments. City of Renton 1% 3749 City of Seattle 1% Chapter 20.32 City of Shoreline 1% Ord 312 2002 capital construction projects funded wholly or in part by the City of Shoreline to construct any building, decorative or commemorative structure, park facility, street, sidewalk and parking facility, which is accessible to the public, or to repair or reconstruct any portion thereof where cost of construction exceeds 50% of the existing valuation of the structure City of Spokane 1% Sac 7.06.42 1981 City of Wenatchee 1% 2197 Council of the Municipality of Metropolitan Seattle (METRO) 1% 5661 1990 Transit construction for art and maintenance of art—any capital project to construct or remodel a building, structure, facility, roadway, sidewalk or utility. Water quality capital program will have a separate art budget. Art as mitigation will be considered on a project -by- project basis. King County 1% 12089 1973 CIP projects that are visible, accessible or have a need for mitigation Pierce County 1% 1979 CIP's of at least $100,000; county owned buildings that involve new construction, or major remodel; construction of new parks or improvements, excluding golf courses. Not eligible are repair and maintenance, county road and sewer, surface water management, and land /building acquisitions. Snohomish County 1% Washington State Y :% 4 luawyoelIV w N CIP Projects Proposed for 1% Municipal Arts Fund 2013 2014 Fund Project Title CIP Qualifying Estimate 1% (funding sources to be evaluated for qualification, ex. grants) 1% (qualifying projects) CIP Qualifying Estimate 1% (funding sources to be evaluated for qualification, ex. rants g ) 1% (qualifying projects) 103: Residential Cascade View Safe Routes to School 250 $ 2,500.00 $ 2,500.00 Thorndyke Safe Routes to School 567 $ 5,670.00 104: Bridges & Arterial Annual Bridge Repairs /Inspection 200 $ 2,000.00 $ 2,000.00 200 $ 2,000.00 $ 2,000.00 Annual Overlay and Repair 1,225 $ 12,250.00 $ 12,250.00 ADA Improvements 100 $ 1,000.00 $ 1,000.00 50 $ 500.00 $ 500.00 Tukwila Urban Center - Transit Center 44 $ 440.00 4,637 $ 46,370.00 Andover Pk W 2,101 $ 21,010.00 Overlay and Repair - East Marginal Way 1,800 $ 18,000.00 Interurban Ave S. 9,400 $ 94,000.00 Tukwila MIC Smart Street 500 5,000.00 301: Parks and Recreation Duwamish Hill Preserve 15 $ 150.00 495 $ 4,950.00 Tukwila South Pedestrian /Bike Bridge 1,200 $ 12,000.00 Fort Dent Park 200 $ 2,000.00 $ 2,000.00 Duwamish Gardens 75 $ 750.00 1,300 $ 13,000.00 302: City Facilities Tukwila Village 40 $ 400.00 $ 400.00 25 $ 250.00 Urban Renewal 30 $ 300.00 $ 300.00 400 $ 4,000.00 $ 4,000.00 401.98: Water Enterprise Fund Andover Park W /Strander New Water Main 1,212 $ 12,120.00 $ 12,120.00 402.98: Sewer Enterprise Fund Annual Sewer Repair Program 75 $ 750.00 $ 750.00 75 $ 750.00 $ 750.00 CBD Sanitary Sewer Rehab 10 $ 100.00 $ 100.00 700 $ 7,000.00 Sewer Lift Station 2 Upgrades 500 $ 5,000.00 $ 5,000.00 Sewer Repair West of Strander Bridge 110 $ 1,100.00 $ 1,100.00 412: Surface Water Enterprise Fund Annual Small Drainage Program 500 $ 5,000.00 $ 5,000.00 325 $ 3,250.00 $ 3,250.00 Storm Water Quality Retrofit 80 $ 800.00 East Marginal Wy S. Storm Pipe Replacement 2,000 $ 20,000.00 $ 20,000.00 Surface Water Line Lift Station No. 15 499 $ 4,990.00 $ 4,990.00 411: Foster Golf Links General Improvements 50 $ 500.00 $ 500.00 50 $ 500.00 $ 500.00 $ 16,380.00 $ 15,040.00 $ 291,520.00 $ 63,470.00 Notes: 1. All figures in italics include funding sources that may include grant funding, each grant will need to be evaluated to determine if funds can be expended towards art. 2. 2013 is illustrative as an example only 3. All figures are estimates Attachment E 34 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes November 25, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller Staff: David Cline, Rick Still, Dave Johnson, Stephanie Gardner, Gail Labanara, Laurel Humphrey Guest: Ron Lamb, resident; Ryan Mottau, MIG CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Revising Tukwila Municipal Code Chapter 2.30 — Arts Commission Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Chapter 2.30 — Civic Arts Commission to modernize the Commission's governance in alignment with current City Strategic Plan goals. The Arts Commission has reviewed and is in support of the proposal, summarized as follows: • Name change from Civic Arts Commission to Tukwila Arts Commission • Expand members from five to seven • Add one student representative position • Define the Municipal Arts Fund as an allocation of 1% of all qualifying Capital Improvement projects "Percent for Art" programs have been adopted by numerous cities, counties, governments and public authorities in Washington State. Federal government allows a minimum of 1/2% and a maximum of 5% to be allocated to public art. This proposal would support the Strategic Plan goals relating to A Community of Inviting Neighborhoods and Vibrant Business Districts, and Promote a Positive Identity and Image." The Committee requested that the Arts Funding Matrix in the committee packet include draft language representing Tukwila's policy in the event it passes Council approval. In addition, staff was asked to provide a cost estimate for the 1% based upon the 2013 Capital Improvement Program. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 COMMITTEE OF THE WHOLE. B. Renaming of Pea Patch at Riverton Park to Gully Gardens. Staff is seeking Council approval to change the name of Riverton Pea Patch to Gully Gardens to honor the memory of notable Tukwila residents Betty and Paul Gully. This request was first conveyed by resident Ron Lamb at the October 21, 2013 Regular Meeting of the City Council. The Park Commission has reviewed Mr. Lamb's request and determined that the community contributions made by Mr. and Mrs. Gully certainly meet the naming criteria as outlined in Resolution 1400. If the Committee of the Whole recommends that the name change to Gully Gardens move forward, the final decision will be delayed for at least thirty days and appear on a Regular Meeting agenda in 2014. Staff shared some additional information regarding the history of the Riverton Park site that the Committee asked be added to the packet prior to Committee of the Whole discussion. If the renaming is approved by the Council, staff would like to celebrate with an opening event and installation of a commemorative plaque at the park. UNANIMOUS APPROVAL. FORWARD TO THE DECEMBER 9 COMMITTEE OF THE WHOLE. 35 36 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma rs review Council review 12/09/13 MM c 1 Motion Date 12/9/13 Resolution Mtg Date LI Ordinance Mtg Date Bid Award Mtg Date LI Public Hearing Mtg Date Other Mtg Date CATEGORY Discussion A Mtg Date Mtg SP ON SO 12 • Council LI Mayor LI HR LI DCD LI Finance • Fire I IT 0 P&R U Police LI PW SPONSOR'S The City's contract with King County for I-Net Services expires on 12/31/13. This secure SUMMARY network connectivity service provided by the County is necessary for many of the City's public safety applications associated with other governmental agencies. Data hosting services at the County's Network Operations center at Sabey are also included in this renewal for off-site redundancy and disaster recovery. The Council is being asked to consider the renewal and approve the Mayor to sign for an additional three-year term. ITEM INFORMATION ITEM No. 3.C. & Spec 3.C. 37 STAFF SPONSOR: MARY MIOTKE ORIGINAL AGENDA DATE: 12/9/13 AGENDA ITEM TITLE An agreement with King County relating to Institutional Network (I-Net) Services. 12/9/13 Motion Date 12/9/13 Resolution Mtg Date LI Ordinance Mtg Date Bid Award Mtg Date LI Public Hearing Mtg Date Other Mtg Date CATEGORY Discussion A Mtg Date Mtg SP ON SO 12 • Council LI Mayor LI HR LI DCD LI Finance • Fire I IT 0 P&R U Police LI PW SPONSOR'S The City's contract with King County for I-Net Services expires on 12/31/13. This secure SUMMARY network connectivity service provided by the County is necessary for many of the City's public safety applications associated with other governmental agencies. Data hosting services at the County's Network Operations center at Sabey are also included in this renewal for off-site redundancy and disaster recovery. The Council is being asked to consider the renewal and approve the Mayor to sign for an additional three-year term. REVIEWED BY LI COW Mtg. LI LI Utilities Cmte LI DATE: 12/3/13 CA&P Cmte Arts Comm a F&S Cmte LI Transportation Cmte Comm. LI Planning Comm. CHAIR: ROBERTSON LI Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITITh IT Department Unanimous Approval; Forward to 12/9/13 Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $23,928/yr $23,928/yr $0 Fund Source: BUDGETED IN MULTIPLE DEPARTMENTS: IT, PD, FD, EOC, AND COURT Comments: This is a three-year agreement, budgeted proportionately by multiple departments. MTG. DATE RECORD OF COUNCIL ACTION 12/09/13 12/09/13 MTG. DATE ATTACHMENTS 12/09/13 Informational Memorandum dated 12/3/13 with attachment Minutes from the Finance and Safety Committee meeting of 12/3/13 37 38 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Mary Miotke, IT Director DATE: December 3, 2013 SUBJECT: King County Institutional Network (I -Net) Services Contract Renewal ISSUE The City's current contract with King County for I -Net Services expires on December 31, 2013. This secure connectivity service provided by the County is necessary for many of the City's public safety applications associated with other governmental agencies. Data hosting services at the County's Network Operations Center at Sabey are also included in this renewal for off -site redundancy and disaster recovery purposes. BACKGROUND The City originally entered into an agreement with King County in 2007 for the purpose of connectivity and secure communication between government agencies. The agreement was then renewed in 2010 for an additional three -year term. A new option for data center hosting services has been made available by King County this past year. Their hosting and Network Operations site is located in the Sabey Data Center where the City is interested in positioning servers and data storage devices for redundancy and disaster recovery purposes. In addition to the connectivity and secure communication service, this critical hosting service has been included in this contract renewal. DISCUSSION Secure connections are required for many of the City's public safety communications and business processes. Our Police Department connects with King County through I -Net, which then allows connection to the secure state -wide Intergovernmental Network (IGN) channel. The encrypted IGN link allows communication with the State Patrol, DMV, County Public Safety agencies, SCORE Jail and other state, county and federal agencies. The Fire Department connects with county emergency management systems and regional messaging switches for required national reporting and fire record and EMS systems updates. Police and Fire (both in- station and in their vehicles) connect via I -Net to Valley Communications for Computer Aided Dispatch communications. The Municipal Court conducts Video Arraignments over I -Net connections and accesses King County's Jail information System. The Information Technology Department procures the City's Public IP Addresses from the County through this contract and has configured the I -Net connection as a primary internet connection. All of these connections are critical to conducting important City business. Because we have the I -Net connection in place, we are already physically connected to the King County Network Operations Center located in Sabey Data Center. At the Sabey site, the county now offers co- location services of a whole- or half- cabinet of server rack space along with "RemoteHands" remote technical and troubleshooting assistance. The rack space is secure, air - conditioned, and powered; moving our designated equipment into their co- location center means that we are not having to provide these utilities ourselves to run this equipment in our facilities and therefore we are saving money by reducing utility costs. Our current connection to I -Net is only 100Mbs, which will not support the bandwidth needed for off -site redundant disaster recovery. In consideration of our need to upgrade the bandwidth on 39 INFORMATIONAL MEMO Page 2 top of paying for the co- location full -rack charge, the City (PW and IT) and King County (I -Net) came to an agreement that in exchange for allowing County use of City -owned conduit to reach the King County Libraries located in Tukwila, the County will upgrade the City to a 1GB network connection as an even trade of services and reduce the added monthly fee to $0. This is a significant savings for the City as the County's 1GB I -NET transport service is normally charged at $1,450 per month. FINANCIAL IMPACT The monthly cost for the I -Net secure communication and connectivity services for this renewal period is $994/mo. This portion of the invoice is currently paid cooperatively by multiple City departments (PD, FD, EOC, Court, IT) at a percentage of total, with one -time costs originally paid by IT. The full -rack data hosting with "RemoteHands" service will be billed at $1000 /mo. and the IT budget will pay this full portion plus a one -time provisioning charge of $995. The annual amount for both secure connectivity and hosting services totals $23,928; the three -year agreement renewal total will be $71,784, excluding tax. RECOMMENDATION The Council is being asked to forward this contract renewal for consideration at the December 9, 2013 Committee of the Whole meeting and subsequent December 9, 2013 Special Meeting and approve the Mayor to sign the King County I -Net contract for an additional three -year term. ATTACHMENTS King County Institutional Network Contract Renewal 40 H:1My DocumentslInfoMemoINET112313 .doc Institutional Network Services This Contract, number 02COT13, is made this by and between King County, Washington, with its principal place of business at 401 5th Avenue, Suite 600, Seattle, WA (hereinafter "County ") and the City of Tukwila, with its principal place of business at 6200 Southcenter Blvd., Tukwila, WA (hereinafter "Customer "), collectively the "Parties ". i. Preface This Contract includes these terms and conditions and Attachments A through O. ii. Recitals WHEREAS, the County operates and maintains the Institutional Network (hereinafter "I- Net"); and WHEREAS, the County offers I -Net services to municipal, county, school, library and other governmental, educational and non - profit agencies; and WHEREAS, the Customer wants to purchase I -Net services as defined below; and WHEREAS, the Customer agrees that it will use I -Net facilities and services solely for educational, public access television channel, County and government communication purposes, and not for any for - profit commercial purposes by itself or third parties; and WHEREAS, the purpose of this Contract is to establish the contractual, service and support responsibilities between the County and the Customer. NOW, THEREFORE, in consideration of the payments, covenants, and obligations contained herein, the Parties mutually agree as follows: iii. Entire Agreement This Contract contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract. No oral representations or other agreements have been made by the Parties. IN WITNESS, THEREOF, the Parties have executed this Contract. KING COUNTY CITY OF TUKWILA Print Name: Print Name: Jim Haggerton Signature: Signature: Title: Title: Mayor, City of Tukwila Date: Date: 41 42 TABLE OF CONTENTS i. Preface ii. Recitals iii. Entire Agreement 1. Definitions 2. Use of the I -Net 3. Term of Contract 4. Notices 5. Charges and Payment Procedures 5.1 Invoiced Charges 5.2 Installation and Monthly Fees 5.3 Invoicing and Payment 5.4 New Site Costs 5.5 Services Activations and Changes 6. Reporting 7. Subcontracting 8. Insurance 9. Indemnification 9.1 Limitation of Liability 9.2 Risk of Loss 9.3 Warranty Disclaimer by the County 9.4 Customer Warranties 9.5 Survival 10. Contract Change Orders 11. Force Majeure 12. Severability 13. Nondiscrimination 14. Termination 15. Applicable Law and Forum 15.1 Dispute Resolution 15.2 Mediation 16. Services to Be Provided by I -Net 16.1 Service Types 16.2 Redundant Front Door (RFD) 16.3 Demarcation Device 16.4 Network Infrastructure Upgrade and Migration 17. Service Levels 18. Services Not Currently Provided by I -Net 19. Service Requirements 20. Security 21. Nonwaiver of Breach 22. No Third Party Agreement 23. Taxes Attachment A Attachment B Attachment C - Attachment D Attachment E - Attachment F - Attachment G Attachment H Attachment I - Attachment J - Attachment K Attachment L Attachment M Attachment N Attachment 0 - Sites(s) Covered Thru 12/31/2016 - I -Net Connectivity Change Request Form Acceptable Use Policy - Definitions Key Persons Termination - Service Offerings Thru 12/31/2016 - Service Levels IPV4 Addresses Evidence of Insurance Coverage - I -Net Rate Card - Customer Network Topology - Customer Access to I -Net SharePoint Site - Data Center Services Rate Card - Colocation Agreement 43 44 1. Definitions Words and terms Shall be given their ordinary and usual meanings. Where used in the Contract documents, the words and terms contained in Attachment D - Definitions Shall have the meanings indicated therein. The meanings Shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms. 2. Use of the I -Net The I -Net services provided under this Contract are for the exclusive use of the Customer at the authorized Sites. Use of I -Net services by organizations other than those listed in Attachment A - Site(s) Covered must be approved in advance in writing by the County. Allowing any other Site or agency to connect to or use I -Net services is a material breach of this Contract and may be cause to terminate service in whole or in part. Customers may use the I -Net solely for educational, public access television channel and County and government communication purposes and not for any for - profit commercial purposes. Contrary use could result in the County losing the right to use most of the fibers that make up the I -Net. Customer covenants that it will comply with this requirement, and will monitor and regulate the traffic content it transports on the network to ensure its compliance with this requirement. This requirement does not prevent the Customer from collecting fees from Users to pay the direct costs of providing non - commercial services, such as fees for video class instruction or charges to recover the cost of special use equipment. See also, Attachment C— Acceptable Use Policy. The Customer agrees that it Shall not resell any of the services provided under this Contract and Shall comply with Attachment C— Acceptable Use Policy. 3. Term of Contract This Contract is effective upon execution by both Parties for a term of three (3) years, subject to: (a) the terms and conditions of the County's franchise agreements with Comcast, WAVE, and any other franchisees and related I -Net lease agreements and obligations, as amended or renewed, and (b) the Parties termination rights under Attachment F. Thereafter, this Contract may be renewed upon execution of an amendment that may include a revised Attachment A, Attachment G, Attachment H, Attachment K and /or Attachment N for additional three (3) year terms. 4. Notices Any notice provided by one Party to the other Party under Attachment F — Termination Shall be in writing and sent by certified or registered mail, return receipt requested. All other notice Shall be in writing but may be provided by email. The effective date of a notice is the date on which one Party receives the notice from the other Party. If to the County, notice under Attachment F Shall be sent to the I -Net Business Manager as identified in Attachment E. If to the Customer, notice under Attachment F Shall be sent to the Primary contact as identified in Attachment E. For all other matters, notice shall be sent to the Key Person(s) as specified in Attachment E. 5. Charges and Payment Procedures 5.1 Invoiced Charges A service cost summary applicable to the Contract is provided in Attachment A — Sites(s) Covered. I -Net charges will begin on the Date of Activation. 5.2 Installation and Monthly Fees A table indicating Customer Sites, services and costs as provided by this Contract is shown in Attachment A — Sites(s) Covered. The County reserves the right to review and amend pricing at the end of each term of this Contract. City of Tukwila 3 of 36 CONTRACT NO. 02COT13 45 5.3 Invoicing and Payment Charges will be invoiced monthly (12 invoice periods per year). Payment is due within thirty (30) Days of receipt of invoice. Thereafter, interest will be charged as allowable by law but in no event Shall be more than one (1) percent per Month on the balance due. 5.4 New Site Costs Additional Sites may be added during the term of this Contract upon execution of an amendment to this Contract which will include a revised Attachment A - Site(s) Covered. Upon request, the County will prepare a written estimate of the costs necessary to design, prepare, install and connect the new Site to the I -Net, and the service fees. To request an additional site, the Customer must complete Attachment B — I -Net Connectivity Change Request Form. 5.5 Services Activations and Changes Services will not be activated until the Customer completes and the County approves Attachment B — I -Net Connectivity Change Request Form. 5.5.1 Service Changes A Service Change is defined as one that requires I -Net configuration changes, equipment moves or add -ons. Additional charges may occur based on Attachment K — I -Net Rate Card. All Service Change requests Shall be in writing from the Customer using Attachment B — I -Net Connectivity Change Request Form. A service ticket will be generated and evaluated to assess engineering issues and determine whether the Service Change is a no -cost change or an additional cost change. Additional cost changes must be approved in writing by the Customer and the cost will be added to the Customer's invoice in the next billing cycle. The County will typically implement the requested change in service within ten (10) Days after receiving an I -Net Connectivity Change Request Form. 5.5.2 Customer Network Architecture Changes The Customer Shall provide a minimum of sixty (60) Days' written notification for all requests for design or architecture changes to the Customer's network using Attachment B — I -Net Connectivity Change Request Form. The County will review the request and evaluate for compatibility with I -Net equipment and services. If the architecture change is complex in nature, the County may request additional time to perform its review. If an architecture change is made to the Customer's topology without consultation with the County, the County will have the right to request the topology revert to the original design, assess new fees based on the new topology, or the County may terminate service per Attachment F — Termination. 5.5.3 No -Cost Changes Bandwidth Services (Transport and Internet) include one no -cost Service Change per Site, per year as part of this Contract price. 6. Reporting The I -Net Network Operations Center will actively monitor the state of the network (e.g., alarms and errors, Bandwidth utilization, and availability). Reports on the Customer's service will be used as part of the annual Contract review. City of Tukwila 4 of 36 CONTRACT NO. 02COT13 46 7. Subcontracting The County may subcontract for some or all of the services covered by this Contract. 8. Insurance During the term of the Contract both Parties Shall maintain Commercial General Liability Insurance with limits of not less than $1 million combined single limit per occurrence, $2 million aggregate. Such coverage shall include Stop Gap /Employers Liability coverage in the amount of $ 1,000,000. The above policies Shall cover or be endorsed to cover the other Party, its officers, officials, employees and agents as an additional insured to include but not be limited to ongoing operations and products - completed operations. If either Party is a municipal corporation or an agency of the state of Washington and is self- insured or a member of the Washington Cities Insurance Corporation for any of the above insurance requirements, a certificate of self- insurance or a letter of coverage Shall be attached hereto as Attachment J — Evidence of Insurance Coverage and be incorporated by reference and Shall constitute compliance with this section. By requiring such minimum insurance, neither Party Shall be deemed or construed to have assessed the risks that may be applicable to the other Party under this Contract. Each Party Shall assess its own risks and, if it deems appropriate and /or prudent, maintain greater limits and /or broader coverage. 9. Indemnification Each Party Shall protect, defend, indemnify, and save harmless the other Party, its officers, employees, and agents from and against any and all costs, claims, judgments, and /or awards of damages, for injuries to persons and /or damage to tangible property, arising out of or in any way resulting from each Party's own negligent acts or omissions associated with the I -Net services provided by the Contract to the extent each Party is liable for such acts or omissions.. Each party agrees that its obligations under this provision extend to any claim, demand, and /or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. In the event the indemnified Party incurs any costs including attorney fees to enforce the provisions of this paragraph, all such costs and fees Shall be recoverable from the indemnitor. 9.1 Limitation of Liability Limitation of Liability and Damages; Exclusion of Damages. Notwithstanding the above paragraph in Section 9, all liability, claims, loss or damage arising out of Customer's use of INET or any other goods or services provided under this Contract is at the sole risk of the Customer and its Users. IN NO EVENT WILL COUNTY BE LIABLE HEREUNDER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR ANTICIPATED ORDERS, OR DAMAGES FOR LOSS OF GOODWILL, LOSS of DATA, EVEN IF COUNTY WAS INFORMED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. County's sole liability for damages will be limited to direct damages in the amount of One Hundred Dollars ($100). 9.2 Risk of Loss Customer and Users Shall be responsible for loss of or damage to all equipment provided to the Customer under the terms of this Contract however caused. City of Tukwila 5 of 36 CONTRACT NO. 02COT13 47 9.3 Warranty Disclaimer by the County EXCEPT AS PROVIDED IN ATTACHMENT H — SERVICE LEVELS, INET OR ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT IS PROVIDED BY COUNTY "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, SUPPORT, OR UPDATES OR REPRESENTATIONS WHATSOEVER. CUSTOMER ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY WARRANTIES OR REPRESENTATIONS MADE BY THE COUNTY IN ENTERING INTO THIS CONTRACT. ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED. STATUTORY, OR OTHERWISE REGARDING THE SERVICES OR GOODS, INCLUDING WITHOUT LIMITATION THE CONDITION, QUALITY, FUNCTIONALITY, PERFORMANCE OR FREEDOM FROM ERROR OF THE INET SERVICES OR ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT, INCLUDING MERCHANTABILITY, NON - INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. THE COUNTY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE I -NET SERVICE OR ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT WILL BE UNINTERRUPTED, FREE OF HARMFUL COMPONENTS, OR THAT ANY MATERIALS, INCLUDING YOUR MATERIALS OR THE THIRD PARTY MATERIALS, WILL BE SECURE OR NOT OTHERWISE BE LOST OR DAMAGED. 9.4 Customer Warranties 9.4.1 Customer warrants and represents that Customer and Customer's User's (including any use by employees and personnel of Customer) use of the INET Service or any other goods or services provided under this Contract will be in compliance with all applicable laws, rules and regulations. 9.4.2 Customer warrants and represents that (a) it or Customer's licensors own all right, title, and interest in and to your materials; (b) Customer's materials (including the use, development, design, production of your materials) or the combination of Customer's materials with other applications, content or processes, do not and will not violate any applicable laws or infringe or misappropriate any third -party rights; and (c) Customer's use of the INET service or any other goods or services provided under this Contract will not cause harm to any other customers of the County's INET service or any other goods or services provided under this Contract by the County. 9.5 Survival The provisions of this section Shall survive the expiration or termination of this Contract with respect to any event occurring prior to expiration or termination. 10. Contract Change Orders Either Party may request changes to this Contract. Proposed changes which are mutually agreed upon Shall be incorporated by written amendment to this Contract. If any Contract Change Order causes an increase or decrease in the price (fees) for, or the time required for, performance of any part of the services under this Contract, the Parties Shall agree to an equitable adjustment in the Contract price, the delivery schedule, or both. The County Shall be responsible for preparing all County- required documents associated with modifying the Contract to include the agreed upon Contract Change Order. No written request, oral order, or conduct by the County will constitute a binding Contract Change Order unless confirmed in writing by the Parties. 11. Force Majeure The term "force majeure" means: (a) an event that is unforeseeable at the time of Contract execution, (b) that is not within a Party's reasonable control, and (c) that causes an inability to perform or comply, in whole or in part, with any obligation or condition of this Contract. Upon giving prompt notice and full particulars to the other Party, such obligation or condition Shall be suspended City of Tukwila 6 of 36 CONTRACT NO. 02COT13 48 but only for the time and to the extent necessary to restore normal operations. So long as (a) -(c) are satisfied, a force majeure event may include, without limitation, acts of nature, acts of civil or military authorities, terrorism, fire, strikes and other industrial, civil or public disturbances, epidemic and quarantine. 12. Severability Whenever possible, each provision of this Contract will be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof Will be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. If it is not possible to modify the provision to render it legal, valid and enforceable, then the provision will be severed from the rest of this Contract and ignored. The invalidity, illegality or unenforceability of any provision will not affect the validity, legality or enforceability of any other provision of this Contract, which will remain valid and binding. 13. Nondiscrimination 13.1 The Customer must comply with all applicable local, state and federal laws and regulations prohibiting discrimination, including without limitation, laws and regulations prohibiting discrimination in the provision of services or employment under this Contract. These laws include, but are not limited to, Titles VI and VII of the Civil Rights Act of 1964, as amended, the American with Disabilities Act, and the Resotration Act of 1987, Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) and the American with Disabilites Act of 1990, as amended (ADA), Chapter 49.60 of the Revised Code of Washington, as amended, and Chapters 12.16 and 12.18 of the King County Code, as amended. If the Customer engages in unfair employment practices as defined in King County Code Chapter 12.18, as amended, the remedies set forth in that Chapter, as amended, Shall apply. 13. 2 The Customer is specifically prohibited from discriminating or taking any retaliatory action against a person because of that person's exercise of any right s \he may have under federal, state, or local law, nor may the Customer require a person to waive such rights as a condition of receiving service. 13. 3 The Customer is specifically prohibited from denying access or levying different rates and charges on any individual or group because of the income of the residents of the local area in which such group resides. 13.4 To the extent the County may enforce such a requirement; the Customer is specifically prohibited from discriminating in its rates or charges or from granting undue preferences to any individual or group. 13. 5 During the performance of this Contract, neither the Customer nor any party subcontracting under the authority of this Contract Shall discriminate on the basis of age, ancestry, creed, color, marital status, national origin, race, religion, sex, sexual orientation, or presence of any mental, physical or sensory handicap against any employee or applicant for employment, unless based on a bona fide occupational qualification, or in the administration or delivery of services or any other benefit under this Contract. 13. 6 During the term of this Contract, the Customer Shall not create barriers to open and fair opportunities to participate in the use of these services and Shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. 13. 7 Any violation of the mandatory requirements of the provisions of this section Shall be a material breach of Contract for which the Customer may be subject to damages and sanctions provided for by Contract and by applicable law. City of Tukwila 7 of 36 CONTRACT NO. 02COT13 49 14. Termination This Contract may be terminated only in accordance with the provisions of Attachment F — Termination. 15. Applicable Law and Forum This Contract Shall be governed by and construed according to the laws of the State of Washington. Any suit arising between the Parties Shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. 15.1 Dispute Resolution 15.1.1. Disputes. In the event that a dispute arises between the Parties which cannot be resolved in the normal course, the following dispute resolution procedures Shall be followed as a condition precedent to litigation: 15.1.1.1 If a dispute arises, then (i) within ten (10) business days of a written request by either Party, County's I -Net Business Manager and Customer's Primary Contact Shall meet and resolve the issue; if these Parties cannot resolve the issue within ten (10) business days of the meeting, then (ii) the issue Shall be submitted to each Party's designated information technology manager; if these Parties cannot resolve the issue within fifteen (15) business days of submission to them, then (iii) the issue Shall be submitted for resolution to the King County Chief Information Officer and Customer's Chief Information Officer or equivalent. 15.2 Mediation If a dispute arises between the Parties that is not resolved through the procedure in Section 15.1, the Parties may, upon mutual agreement, seek to resolve the dispute by mediation or other agreed form of alternative dispute resolution. 16. Services to Be Provided by I -Net The specific services applicable to this Contract are listed in Attachment A — Site(s) Covered. The Parties Shall conduct an annual joint review to determine if the services provided meet the Customer's needs, and whether modifications or changes in service levels should be made. The services Shall be selected from the service list contained in Attachment G — Service Offerings. 16.1 Service Types I -Net services provided by the County include Internet Bandwidth, Transport Bandwidth, and engineering services. Internet Bandwidth and Transport Bandwidth are provided across I- Net fiber. Other available I -Net fiber shall not be used by the Customer without written approval from I -Net management. 16.2 Redundant Front Door (RFD) I -Net has a Redundant Front Door (RFD) that is the interconnection point between I -Net customers, the upstream Internet Service Providers and is the peering point for local transit peering agreements. 16.3 Demarcation Device The Demarcation Device for each of the Customer Sites subject to this Contract is defined and listed in Attachment A - Site(s) Covered. The County Will provide equipment specifications required for connectivity including equipment that meets the County's requirements. Installing specified equipment helps ensure ease of maintenance and customer support. Equipment chosen by the Customer that meets the provided specifications may be acceptable. City of Tukwila 8 of 36 CONTRACT NO. 02COT13 50 16.4 Network Infrastructure Upgrade and Migration Network Infrastructure Upgrade and Migration refers to projects that provide for the modification of I -Net network equipment to take advantage of new technologies or architecture that is not the result of an emergency or standard maintenance upgrade. Network Infrastructure Upgrade and Migration activities may occur outside of the regularly scheduled maintenance. Planned Network Infrastructure Upgrade and Migration notice will be given to the Customer when such changes affect the Customer. If notification is applicable, the County will notify the Customer in accordance with Attachment E — Key Persons at least thirty (30) business days in advance. The County will endeavor to notify the Customer of the: project scope; new network deployment and architecture; benefits; migration plans; and provide County contacts that are not already identified in Attachment E — Key Persons, if applicable. The County may, at its option, set a migration schedule and require Customer migration by a specified date. The County will work jointly with the Customer to set mutually agreeable migration dates based on the migration schedule. 17. Service Levels Service levels and corresponding prices Shall be provided in accordance with Attachment A - Site(s) Covered and Attachment H — Service Levels. Procedures for reporting and handling problems are also contained in this Attachment H — Service Levels. 18. Services Not Currently Provided by I -Net The following services are not covered by this Contract: • Application development or support. • Customer LAN or desktop support services. • Technical support for Users not named in Attachment E - Key Persons. • Other non - transport Customer network design or support on the Customer side of the I- Net Demarcation Point. • VoIP services. • I Pv6. • Dark fiber. • I -Net controlled fiber. 19. Service Requirements The Customer agrees it Will complete the items listed below throughout the Contract at no cost to the County. Failure to do so Shall be grounds for and may result in the termination of I -Net service or delay in the County's installation of I -Net services. 19.1 Provide the County with any contact person changes within five (5) Days of the change. Failure to keep the Contact information current may result in delays in processing of service requests. 19.2 Provide County with timely access to the Site(s). City of Tukwila 9 of 36 CONTRACT NO. 02COT13 51 19.3 Provide, at no cost to the County, sufficient rack or wall space, and sufficient cooling to maintain a temperature no greater than 80 degrees Fahrenheit. 19.4 Keep the area around the I -Net equipment dry, clean, and free of obstructions to facilitate airflow and protect the equipment investment. 19.5 Notify County within 24 hours of any damage or other apparent problems with the equipment or fibers. 19.6 Keep the I -Net equipment in the place where the County has installed it, and not move, alter or use the equipment in any way without the written permission of the County. 19.7 Use only port Al on the Demarcation Device provided by I -Net unless I -Net management has provided written consent to use additional ports on the Demarcation Device. 19.8 Provide Ethernet cables to the Demarcation Device. 19.9 Process reimbursement with USAC (Spin #143015282). 20. Security The County requires the installation of physical security measures to protect the fiber connections and equipment provided by the County as a condition of starting or continuing to receive I -Net Service and may change those requirements from time to time. Physical security of the I -Net racks, cabinets and fibers located at the Customer's Site(s) is the responsibility of the Customer. The Customer Shall ensure that all I -Net equipment is protected from unintended physical access through the use of locked rooms and /or cabinets. The Customer is responsible for securing its computer resources attached to the I -Net against all unauthorized access or use. King County reserves the right to inspect the physical security measures at the Customer's Site(s) at any time with two (2) business days' notice to the Customer. Failure to remediate findings of such an inspection within seven (7) business days from written notice may result in suspension of I -Net connectivity until compliance is achieved. 21. Nonwaiver of Breach No action or failure to act by either Party shall constitute a waiver of any right or duty afforded to the other under this Contract; nor shall any such action or failure to act by either Party constitute an approval of or acquiescence in any breach, except as may be specifically stated by the nonbreaching party in writing. 22. No Third Party Agreement This Contract is not intended, nor shall it be construed to create a contractual relationship of any kind between any persons or entities other than the County and Customer. 23. Taxes The Customer shall maintain and be liable for payment of all applicable taxes, fees, licenses permits and costs as may be required by applicable federal, State or local laws and regulations as may be required to provide the work under this Contract. City of Tukwila 52 10 of 36 CONTRACT NO. 02COT13 Attachment A — Sites(s) Covered Thru 12/31/2016 All Site and contact data will be maintained by I -Net Operations. Customer Shall report changes in contact personnel or location data to I -Net management. The Contracted Site Services & Monthly Fees table below identifies Service Type and Bandwidth (Svc Type & BW), Site ID (number), Site Name, Site Address, City, Site Contact, CPE Device, Hub, Demarcation Point, and monthly cost for each Site covered under this Contract. I -Net owns all CPE devices installed at Customer Sites. See Attachment G — Service Offerings for a description of service offerings. I -Net fiber is reserved for I -Net use only, to support delivery of I -Net services to the Sites specified below. Service Offering Summar 1. Internet Bandwidth (IB) 2. Transport Bandwidth (TB) 3. Support Services - Platinum, Gold, Silver, Bronze 4. T1 Connection (T1) 5. Additional Internet Bandwidth (AIB) 6. Additional Transport Bandwidth (ATB) 7. Additional IPV4 Addresses (AIP) 8. Professional Services: Network Engineering Service (NES) Solution Architecture (SA) Project Management Service (PMS) Support Surcharge (SS) 9. Data Center Services (See Attachment 0) Contracted Site Services & Monthl Fees Svc Type & BW Site ID Site Name Site Address City Site Contact CPE Device Hub Demarcation Point Monthly Fee IB 100 2033 City of Tukwila 6200 Southcenter Blvd. Tukwila Mary Miotke 206- 433 -7150 l2ci- tukwila SeaTac Computer Room $930.00 Gold Support 2033 City of Tukwila 6200 Southcenter Blvd. Tukwila $0.00 ** AIP 2033 City of Tukwila 6200 Southcenter Blvd. Tukwila $64.00 CL2W 2033 City of Tukwila 6200 Southcenter Blvd. Tukwila $999.00 Smart- hands 2033 City of Tukwila 6200 Southcenter Blvd. Tukwila $1.00 TB 1G 2033 City of Tukwila 6200 Southcenter Blvd. Tukwila $0.00 * *` ** grandfathered rate *** TB 1G service will be provided in exchange for Customer allowing conduit for I -Net purposes. The final agreement will be attached once TOTAL Monthly Fees:$1,994.00 County use of Customer -owned complete. Installation Costs Non - Recurrin ') — to be included on November 2013 invoice *Provision Fees Per Site Contract No. 02COT13 $995.00 Additional Site Provisioning Cost(s) Site Visit Required Per Site Additional Services — No Site Visit Required $ 150 per hour Total Non - Recurring Costs $995 * Provision Fees include $595 for ADVA -206V Switch (1Gig) and $400 for Provisioning Services. City of Tukwila 11 of 36 CONTRACT NO. 02COT13 53 Attachment B I-Net Connectivity Change Request Form Service Change and Architecture Change Requests must be approved by the Customer's Primary or Technical Contact and will be implemented per the terms of the Customer's Contract with I-Net. Date Requestor Contact Information Orga Requestor Name Requestor E-Mail Requestor Phone Organization Name Site ID Primary Contact E-Mail . Address Technical Contact E-Mail Duration of Change Permanent Temporary - Ending Date Description (identify services to be changed) Sites ( Type Site ID , .... Site Name . Address Select Select Select Select For County use only: Ticket # LD MCM Assigned Engineer Billable No-Cost Change Request City of Tukwila 54 12 of 36 CONTRACT NO. 02COT13 Attachment C - Acceptable Use Policy ❖ IMPORTANT: The County's franchise agreement and I -Net lease agreement with Comcast, as amended or renewed, and franchise agreement with WAVE prohibit the County from building or running a cable television network or any commercial for - profit endeavor over the fiber optic cable. Customer acknowledges and agrees that the restrictions in the franchise agreement and lease agreement flow down and apply to the Customer. This Acceptable Use Policy ( "Policy ") sets forth applicable requirements for the responsible use of the I -Net. In General. I -Net must be used solely for lawful and intended purposes. No one Shall use or aid anyone else in using the I -Net to transmit, distribute or store material: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations, or this Policy; or (2) that may expose the County to criminal or civil liability. Customers and Users are further prohibited from assisting any other person in violating any part of this Policy. Any Customer or User the County determines has violated any part of this Policy may be subject to a temporary or permanent suspension of service, including, if the County deems it necessary, immediate suspension or termination of such Customer's or User's service without notice. The County may temporarily suspend the Customer or User without notice if the County deems such action is required for the County to comply with its franchise, lease or applicable laws. The County may take such further action as it deems appropriate under the circumstances to eliminate or preclude repeat violations. The Customer will protect, defend and indemnify the County from any liability whatsoever arising out of any violation of the acceptable use of the I -Net and the County Shall not be liable for any damages of any nature suffered by any Customer, User, or any third party. Responsibility for Content. The County takes no responsibility for any material created or accessible on or through the I -Net. No User or Customer should hold an expectation of privacy with respect to any matter transmitted over or by the I -Net. By entering into this Contract with King County, Customer acknowledges and accepts the absence of privacy in transmitting or using the I -Net. The County may monitor the I -Net traffic for maintenance or repair or to determine usage of the I -Net. The County does not plan to exercise any editorial control over material transmitted over or by the I -Net, but reserves the right to do so consistent with applicable laws. If the County becomes aware that any material may violate this Policy, the County reserves the right to block access to such material and to suspend or terminate any User or Customer creating, storing or disseminating such material. The County further reserves the right to cooperate with cable system representatives, legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of any User or Customer. Impermissible Content. Customers and Users Shall not use I -Net to transmit or distribute material not permitted under the County's franchise contracts, permits, or other contracts with or grants to cable television or communications companies. Customers and Users Shall not use I -Net to transmit or distribute unlawful material or information containing fraudulent material, or to make any offer containing unlawful, false, deceptive, or misleading statements, claims, or representations. In addition, Customers and Users are prohibited from submitting any unlawful, false or inaccurate information regarding I -Net's use to the County or any other Person. Customers and Users Shall not use I -Net to transmit, distribute or store material that is unlawful, including but not limited to, material that is indecent, obscene, pornographic defamatory, libelous, or not Constitutionally protected. The Parties agree that law enforcement may intentionally receive and store information or materials that may be indecent, obscene, pornographic, defamatory or libelous. Such use by law enforcement as part of its law enforcement activities City of Tukwila 13 of 36 CONTRACT NO. 02COT13 55 Shall not be considered a violation of this Policy. Customers and Users Shall not use material in any unlawful manner that would infringe, violate, dilute or misappropriate any person's protection under privacy, publicity, or other personal rights or intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. The use of a domain name in connection with any of the I -Net services Shall not violate the trademark, service mark, or similar rights of any third party. Customers and Users Shall not Use I -Net to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the I -Net, to any other network or equipment, or to other Customers or Users. Third Party Rules; Usenet. Customers and Users may have access through I -Net to search engines, subscription Web services, chat areas, bulletin boards, Web pages, Usenet, or other services that promulgate rules, guidelines or contracts to govern their use. Users must adhere to any such rules, guidelines, or contracts. Users who post messages to Usenet news groups are responsible for becoming familiar with any written charter or FAQ governing use of such news groups and complying therewith. System and Network Security. Customers and Users Shall not use I -Net to violate or attempt to violate the security of any person or network, including, without limitation, (a) accessing data not intended for such Customer or User or logging into a server or account which such Customer or User is not authorized to access, (b) impersonating County personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any User, host or network, including, without limitation, via means of overloading, "flooding ", "mailbombing ", "denial of service" attacks or "crashing ", (e) forging any TCP /IP packet header or any part of the header information in any e-mail or news group posting, (f) taking any action in order to obtain services to which such User is not entitled, or (g) attempting to utilize another Customer's or User's account name or persona without that person's authorization. Customers and Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for I -Net services. Security violations may result in civil or criminal liability. The County will investigate occurrences which may include such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers and Users who are involved in such violations. Modification. The County reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when the Customer receives notice from the County. City of Tukwila 14 of 36 CONTRACT NO. 02COT13 56 Attachment D - Definitions Acceptable Use Policy or AUP The rules for use of the I -Net set forth in Attachment C— Acceptable Use Policy. Availability The ability of the user network equipment to connect to I -Net Demarcation Devices for the purpose of receiving or transmitting data, voice and video. If the user network equipment cannot access the I -Net Demarcation Devices, it is said to be unavailable. Bandwidth The amount of digital data that can be carried or is moved from one place to another in a given time. Bps or Bits per second A unit of information used, for example, to quantify computer memory or storage capacity. CIR Committed Information Rate for the management tunnel. Minimum setting is 0 bps; maximum setting is network port Bandwidth. Circuit A methodology of implementing a telecommunication network in which two network nodes establish a dedicated communications channel (circuit) through the network before the nodes may communicate. Customer or Customer Agency A municipality, school district, college or other governmental or non - profit agency that is a participant in the King County Institutional Network. See Attachment A - Site(s) Covered for the specific Site locations included in this Contract. Customer Premise Equipment or CPE The Demarcation Device at the Customer's site with ports for connecting Customer fiber. Dark Fiber An optical fiber strand not coupled to an optical light source. Date of Activation The date when I -Net services are available for Customer use. Day Calendar day unless otherwise specified. Demarcation Device The network interface equipment that serves as the Demarcation Point between I -Net and the Customer's premises wiring or equipment. Demarcation Point The point of interconnection between the County's I -Net fibers, cables, or Hardware and the Customer's fibers, cables, or Hardware. Dense Wavelength Division Multiplexing or DWDM Technology that puts data from different sources together on an optical fiber, with each signal carried at the same time on its own separate light wavelength. Domain Name Services or DNS Services which convert domain names into IPV4 addresses. City of Tukwila 15 of 36 CONTRACT NO. 02COT13 57 Downtime Refers to periods when the I -Net network is unavailable. EIR Excess Information Rate for the management tunnel. Minimum setting is 0 bps; maximum is Network Port bandwidth. Fee Basis A service is provided on a Fee Basis if there is a charge, whether in money, in -kind service, or otherwise, to those using the service or application. Fiber Optic Cable A cable installed by I -Net or for I -Net that is composed of strands of glass fiber, each strand which is designed to conduct signals of modulated light (optical signals) from one end to the other. Fiber Strand or Strand of Fiber A thin transparent fiber of glass enclosed by a material of a lower index of refraction that reflects light throughout its length by internal reflections. Gbps or Gigabit per second One billion bits per second. A unit of information used, for example, to quantify computer memory or storage capacity. Hardware The actual physical computing machinery, including the hardware, software, and firmware. An integrated access device is an example of Hardware. Holiday The following ten (10) days are designated as official County holidays: January 1 (New Year's Day), third Monday in January (Martin Luther King Jr. Day), third Monday in February (President's Day), last Monday in May (Memorial Day), July 4 (Independence Day), first Monday in September (Labor Day), November 11 (Veteran's Day), Thanksgiving and the day after, December 25 (Christmas Day). For holidays falling on a Saturday, the holiday will be observed the Friday before. For holidays falling on a Sunday, the holiday will be observed the Monday after. Hub A physical location, outside of Customer premises, where I -Net network equipment is installed. Normally used for the core network or interconnection purposes. Intergovernmental Network or IGN Provides connectivity among state agencies, counties, and local government entities. I -Net The King County Institutional Network, a fiber optic -based transport network shared by municipal, county, school, library and other governmental, educational and non - profit agencies for the purpose of supporting voice, video and data communication among the participants and with the Internet. Internet A global system of interconnected computer networks that use the standard Internet protocol suite (TCP /IP) to serve billions of users worldwide. It is a network of networks that consists of millions of private, public, academic, business, and government networks, of local to global scope, that are linked by a broad array of electronic, wireless and optical networking technologies Internet Service Provider or ISP City of Tukwila 16 of 36 CONTRACT NO. 02COT13 58 An organization that provides access to the Internet. Access ISPs directly connect clients to the Internet using copper wires, wireless or fiber -optic connections. IPV4 Internet Protocol version 4 (IPv4) is the fourth version in the development of the Internet Protocol (IP) and the first version of the protocol to be widely deployed. Together with IPv6, it is at the core of standards -based internetworking methods of the Internet. IPv4 is still used to route most traffic across the Internet. IPV6 Internet Protocol version 6 (IPv6) is the latest revision of the Internet Protocol (IP), the communications protocol that routes traffic across the Internet. It is intended to replace IPv4, which still carries the vast majority of Internet traffic. Kbps or Kilobit per second One thousand bits per second. A unit of information used, for example, to quantify computer memory or storage capacity. King County King County, Washington. A political subdivision of the State of Washington. King County Information Technology or KCIT A department within the Executive branch of King County government. Local Area Network or LAN A network designed to move data between stations within a campus. Mbps or Megabit per second One million bits per second. A unit of information used, for example, to quantify computer memory or storage capacity. Metro Optical Ethernet or MOE A highly scalable, high capacity, Ethernet network operating a combination of traditional Layer 2 and /or Layer 3 switches interconnected through optical fiber. The latest platforms provide extensive capacity improvements in fiber asset usage allowing newer advanced services to be deployed over existing fiber infrastructures providing extensive value to fiber owners and their customers. Multimode Fiber Optic Cable or MMF Fiber optic cable in which the signal or light propagates in multiple modes or paths. Since these paths may have varying lengths, a transmitted pulse of light may be received at different times and smeared to the point that pulses may interfere with surrounding pulses. This may cause the signal to be difficult or impossible to receive. This pulse dispersion sometimes limits the distance over which a MMF link can operate. Month The period commencing on the first calendar day of a calendar month and ending on and including the last day of that calendar month. Network Design A computer network diagram is a schematic depicting the nodes and connections among nodes in a computer network or, more generally, any telecommunications network. Network Latency The time measured for data to transmit across the I -Net network. Network Latency is measured round -trip: the one -way latency from source to destination plus the one -way latency from the destination back to the source. Ping is used to measure round -trip latency. City of Tukwila 17 of 36 CONTRACT NO. 02COT13 59 Network Management System or NMS A system of Hardware and Software that is used to monitor, control and manage the County's I- Net network. A NMS may manage one or more other Network Management Systems. Network Topology The arrangement of the various elements (links, nodes, etc.) of a computer or biological network. Essentially, it is the topological structure of a network, and may be depicted physically or logically. Network Operations Center or NOC The logistical grouping of King County resources providing first tier monitoring and response to I- Net Customer requests. NNI ADVA's network interface for connection to service provider network equipment. Peering A voluntary interconnection of administratively separate Internet networks for the purpose of exchanging traffic between the customers of each network. Provider King County Institutional Network (I -Net), as managed and operated by King County I -Net Operations. Quality of Service or QoS Defined on an end -to -end basis in terms of the following attributes of the end -to -end connection: Cell Loss Ratio Cell Transfer Delay Cell Delay Variation Rate Card The list of prices for I -Net services set forth in Attachment K, as may be amended. Redundant Front Door or RFD A network exchange facility that is highly redundant, where the I -Net customers connect to the I- Net infrastructure in order to get to the Internet and inter - government networks. Router A physical device that is capable of forwarding packets based on network layer information and that also participates in running one or more network layer routing protocols. Shall or Will Whenever used to stipulate anything, Shall or Will means that the action or inaction is mandatory by either the Customer or the County, as applicable, and means that the Customer or the County, as applicable, has thereby entered into a covenant with the other Party to do or perform the same. Single Mode Fiber Fiber optic cable in which the signal or light propagates in a single mode or path. Since all light follows the same path or travels the same distance, a transmitted pulse is not dispersed and does not interfere with adjacent pulses. SM fibers can support longer distances and are limited mainly by the amount of attenuation. Refer to MMF. Site A single building or location. Each Site is counted as a unit for purposes of the Customer's Use Charge. SIX The Seattle Internet Exchange (SIX) is an Internet Exchange Point situated in the Westin Building in Seattle, WA. The SIX is a fast growing, neutral and independent peering point which was created as a free exchange point sponsored only by donations. It continues to run without any re- City of Tukwila 18 of 36 CONTRACT NO. 02COT13 60 occurring charges to the participants and current major funding comes from one -time 10 Gbps port fees. The SIX is a 501(c)(6) tax - exempt non - profit corporation. Start of Authority or SOA Designated source point for a DNS Domain. State Governmental Network or SGN The state of Washingon's enterprise network that provides connectivity between participating agencies to support their mission and objectives. Software All or any portion of the binary computer programs and enhancements thereto, including source code, localized versions of the binary computer programs and enhancements thereto, including source code and documentation residing on County -owned Hardware. Software is the list of instructions to operate the Hardware. Switched Virtual Circuit or SVC A connection established via signaling. The User defines the endpoints when the call is initiated. System Availability The time a network Circuit is available to carry User data over the I -Net network. T -1 A dedicated phone connection supporting data rates of 1.544 Mbps. A T -1 line actually consists of 24 individual or DSO's, each of which supports 64 Kbits per second. Each 64 Kbps channel can be configured to carry voice or data traffic. Most telephone companies allow you to buy just some of these individual channels, known as fractional T -1 access. T -1 lines are sometimes referred to as DS1 lines. Testing The process of confirming that the configuration, equipment and fiber provides the services to the Customer's site as described in this Contract. Transport In computer networking, the transport layer of layer 4 provides end -to -end communication services for applications within a layered architecture of network components and protocols. Use Charge The amount the Customer owes for receipt of I -Net services. A Use Charge may include both Monthly and non - Monthly costs. User An employee, client, vendor, or other person accessing the network or using I -Net services at a facility controlled by a Customer. User - Network Interface or UNI ADVA's user network interface for connecting customer network equipment. City of Tukwila 19 of 36 CONTRACT NO. 02COT13 61 Attachment E - Key Persons The Customer's Primary Contact and the Technical Contact listed below Shall have authority on behalf of the Customer to request and approve all of its network connections to other I -Net agencies or external agencies and to add, delete or modify services and Sites, including both cost and no -cost changes. The Primary and Technical Contacts are lead on all technology and troubleshooting issues regarding I -Net services. All change requests must be submitted using Appendix B - 1 -Net Connectivity Change Request Form by either the Primary Contact or the Technical Contact. No changes will be made to the Customer's service configuration without approval from the Primary Contact or the Technical Contact and King County. URL to Change Request Form: http://www.kinqcounty.gov/inet The Customer's Finance Contact Shall be the primary contact for all invoicing and billing issues. The Customer's Contracts Contact Shall be the primary contact for all contractual issues and contract changes /amendments. The Customer's Site Access Contact Shall provide physical access for the County to the I -Net equipment at an individual Site. The contact is listed in Attachment A - Site(s) Covered. The Customer Shall provide updated information to the County I -Net Management contact via email within five (5) business days should this contact information change. Contact information updates do not require an amendment via change order. KING COUNTY CITY OF TUKWILA I -Net Management Contact: Darryl Hunt, I -Net Business Manager 401 5th Avenue, Seattle, WA 98104, 7th Fl Phone: 206 - 263 -7890 E -mail: darryl.hunt(c�kingcounty.gov Primary Contact: Mary Miotke, IT Director 6200 Southcenter Blvd., Tukwila, WA 98188 Phone: 206 -433 -7150 E -mail: mary.miotke @tukwilawa.gov I -Net Technical Contact: Ed McPherson, I -Net Architect 401 5th Avenue, Seattle, WA 98104, 7th Fl Phone: (206) 263 -7938 Email: ed.McPhersonakingcounty.gov Technical Contact: Bao Trinh, Systems Administrator Phone: 206 -433 -7150 E -mail: bao.trinh @tukwilawa.gov Invoicing /Payments: Ashley Byrd, Project Program Mgr 401 5th Avenue, Seattle, WA 98104, 6th Fl Phone: 206 - 263 -7894 E -mail: ashley.byrd @kingcounty.gov Finance Contact: Peggy McCarthy, Finance Director 6200 Southcenter Blvd., Tukwila, WA 98188 Phone: 206 -433 -1800 E -mail: peggy.mccarthyAtukwilawa.gov Contracts /Amendments: Marilyn Pritchard, Sr. IT Contracts Specialist 401 5th Avenue, Seattle, WA 98104, 6th Fl Phone: 206 - 263 -7961 E -mail: marilyn .pritcharda,kingcounty.gov Contracts Contact: Mary Miotke, IT Director 6200 Southcenter Blvd., Tukwila, WA 98188 Phone: 206 -433 -7150 E -mail: mary.miotke ci.tukwilawa.gov Data Center Manager: 3355 S. 120th Place, Tukwila, WA 98168 Phone: 206 - 263 -8058 Help Desk Phone: 206 -433 -7150 E -mail: helpdesk @tukwilawa.gov City of Tukwila 20 of 36 CONTRACT NO. 02COT13 62 Attachment F - Termination 1. Termination for Convenience. This Contract may be terminated by either Party without cause, in whole or in part, upon providing the other Party one hundred eighty (180) Days' advance written notice of the termination. If the Contract is terminated pursuant to this paragraph 1: (a) the Customer Will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (b) the County Shall be released from any obligation to provide further services pursuant to the Contract. 2. Termination for Default. Either Party may terminate this Contract if the other party materially fails to perform in the manner stated in the Contract, or fails to comply with any material provision of the Contract. Termination shall be effected as follows: (1) A "notice to cure" identifying the act(s) of default shall be delivered to the breaching Party by certified or registered first class mail. The breaching Party shall have ten (10) Days from the date of receipt to cure the default or, at the non - breaching Party's discretion, provide the non - breaching Party with a detailed written plan for review and acceptance that indicates the schedule and proposed plan to cure the default. (2) If the breaching Party has not cured the default or the plan to cure the default is not acceptable to the non - breaching Party, or the breaching Party fails to perform an accepted plan to cure, the non - breaching Party may terminate the Contract by delivering a "notice of termination" by certified or registered first class mail identifying the effective date of termination. The non - breaching Party shall have all rights and remedies available at law and equity. In addition, if the termination results from acts or omissions of the Customer, including but not limited to, damage to fiber optic lines or to County -owned equipment or the failure to pay amounts due, the Customer Shall return to the County immediately any County -owned equipment and pay all amounts due to the County, including replacement costs, such as, any costs for fiber and equipment damaged as a result of the breach. 3. Termination for Nonappropriation. (1) If expected or actual funding is withdrawn, reduced or limited in any way prior to the end date of this Contract or in any Contract amendment hereto, the County may, upon written notice to the Customer, terminate this Contract in whole or in part. If the Contract is terminated pursuant to this paragraph 3, (a) the Customer Will be liable only for payment in accordance with the terms of this Contract for services rendered by the County prior to the effective date of termination; and (b) the County Shall be released from any obligation to provide further services covered by the termination. (2) Notwithstanding any provision to the contrary, funding under this Contract beyond the current appropriation year is conditional upon the appropriation by the County Council of sufficient funds to support the services described in this Contract. Should such appropriation not be approved, the Contract shall terminate at the close of the current appropriation year. 4. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either Party may have in the event that the obligations, terms and conditions set forth in this Contract are breached by the other Party. City of Tukwila 21 of 36 CONTRACT NO. 02COT13 63 Attachment G - Service Offerings Thru 12/31/2016 The following is a list of current service offerings and their definitions. Consult Attachment K - I- Net Rate Card for pricing. Basic Services 1. Internet Bandwidth (IB): The Internet Bandwidth service provides a base Bandwidth of 40Mbps. Additional Bandwidth of up to 1Gbps can be purchased in increments of 10Mbps for an additional monthly fee. Bandwidth rate limits are applied. 2. Transport Bandwidth (TB): Transport Bandwidth is a point -to -point connection between two facilities and is subject to service availability. It provides service at a base Bandwidth of 100Mbps. Additional Bandwidth up to 10Gbps can be purchased in increments of 100Mbps or 1Gbps increments for an additional monthly fee. 3. Support Services In addition to the basic service above, the Customer Shall select a support package (Platinum, Gold, Silver or Bronze). Each package provides a different level of service and a separate rate, as described below: Support Svcs Platinum Gold Silver Bronze IPV4 Addresses 32 16 8 2 EVC (1 additional) Included Optional Optional n/a IGN Connection Included Included Included n/a QoS* (4 CoS) included included best effort best effort Technical Support 24X7, 365 24X7, 365 24X7, 365 8X5 Maintenance Included Included Included Included DNS Mgmt Included Included Included Included Descriptions • EVC: An Ethernet Virtual Connection (EVC) is defined by the Metro - Ethernet Forum (MEF) as an association between two or more user network interfaces that identifies a point -to -point or multipoint -to- multipoint path within the service provider network. An EVC is a conceptual service pipe within the service provider network. One EVC comes standard with Basic Service. • IGN Connection: The Inter - Governmental Network (IGN) is the common data network used to connect to state agencies, counties, and cities with known end points, managed gateways, and applications. The existing IGN is maintained by King County Network Services and is connected to the Washington State Department of Information Systems (DIS) state -wide IGN. I -Net provides network transport to gain access to this network. Municipalities, public health agencies, and law enforcement agencies are able to access applications and share data with other state and local government agencies within the I -Net network. Customers connecting to the IGN must adhere to security guidelines published by Washington State Consolidated Technology Services (CTS) that pertain to this network. This IGN service is bundled with the I -Net ISP service. • QoS: Quality of Service (QoS) is the ability to provide different levels of priority to different applications, users, or data flows, or to guarantee a certain level of City of Tukwila 64 22 of 36 CONTRACT NO. 02COT13 performance to a data flow. • Technical Support - 8X5: Support is provided Monday through Friday during regular, daytime hours of 8 a.m. to 5 p.m., except on County Holidays. The targeted initial response time will be thirty (30) minutes. Problem resolution begins no more than two (2) hours after the initial report. Work on problems will continue within these daytime hours, as needed. If work is required outside of daytime hours, work Shall be escalated by the Customer and with approval of I -Net management. • Technical Support - 24X7, 365: Support is provided 24 hours a day, 7 days a week, every day of the year. The targeted initial response time will be thirty (30) minutes. Problem resolution begins no more than two (2) hours after the initial report. Problem resolution work will continue until resolved. • DNS Registration and Hosting: I -Net provides domain registration services to its customers. Only the designated registrar may modify or delete information about domain names in a central registry database. Registration of a domain name establishes a set of Start of Authority (SOA) records in the DNS servers of the parent domain, indicating the IPV4 address (or domain name) of DNS servers that are authoritative for the domain. Additional Services 4. T1 Connection (T1): A dedicated connection supporting legacy data and voice applications at a fixed rate of 1.544 Mbps. This service is usually for multiple -site agencies that have legacy T1 line ports between their facilities used to serve voice applications such as PBXs. T1 line ports can also be provided that connect between two participating agencies. Fractional T1 service is also available where individual channels may be directed to different sites. The interface is an RJ-48X connector from the I -Net edge equipment. 5. Additional Internet Bandwidth (AIB): I-Net offers additional Internet bandwidth upon the Customer's request and County approval. Additional bandwidth of up to 1Gbps can be purchased in increments of 10 or 100Mbps for an additional monthly fee. 6. Additional Transport Bandwidth (ATB): I -Net offers additional Transport Bandwidth upon Customer request and County approval. Additional bandwidth of up to 10Gbps can be purchased in increments of 100Mbps for an additional monthly fee. 7. Additional IPV4 Addresses Option (AIP): Customers have the option of purchasing additional blocks of non - portable IP addresses from King County's Class B address space 146.129.x.x. The blocks come in quantities of 16. The County cannot guarantee contiguous IPV4 addresses when additional addresses are purchased, unless agreed to in writing by the County. 8. Professional Services Professional Services is meant to be a range of specialized services oriented toward helping Customers make the best use of the I -Net. The scope, duration and rates will vary as well as the skill sets of professionals involved. Here are some examples: a) Network Engineering Service (NES): This is work developing specialized network solutions to fit the Customer's needs related to I -Net services. Rates will vary depending upon the duration of the work, and may be invoiced on an hourly or per job basis. The typical rate for in -house staff is $80 /hr. City of Tukwila 23 of 36 CONTRACT NO. 02COT13 65 Outside resources will normally demand a higher rate, up to $150 /hr or more. This service is subject to staff availability. b) Solution Architecture (SA): This architecture work is to aid in adapting and scaling applications to operate optimally in an I -Net enabled network environment. The hourly consultation shall be at a rate that reasonably captures the County's cost. This may entail using in -house staff. c) Protect Management Service (PMS): This service will provide overall management of work needed prior to installation of I -Net services. This service has traditionally focused on managing construction tasks necessary to deliver fiber optic media. Other related project management tasks may be considered. Charges for the service will be a fixed percentage of the estimated total project cost. d) Support Surcharge (SS): This is a fee charged when a trouble call results in the dispatch of support staff to a Customer site and the cause of trouble is found to be the responsibility of the Customer. The Customer Shall be charged at the rate specified in Attachment A — Sites Covered, no less than one (1) hour minimum. Engineers will work with the Customer's Technical Contact to design the service and provisioning for the Customer's Site(s). Typically, the device installed at a Site will be a CPE providing one or more 100/1000 Mbps Ethernet connections. All installed equipment remains the sole property of the I -Net. -Net provides initial configuration and installation of its equipment and service, including customization of services. All I -Net installed equipment whether at a Customer's Site or not, remains the sole property of the I -Net. I -Net will only provide transport from suburban cities to KC /IGN and will not be involved wi application incidents and issues. If a network engineer is dispatched to solve an incident and the incident is determined to be that of the Customer, a service call charge will be invoiced. City of Tukwila 66 24 of 36 CONTRACT NO. 02COT13 Applicable Terms and Conditions for Services described herein in Attachment G Service Interruption The County may suspend Customer's use of the services offered under this Attachment G of the Contract if the County determines that Customer or its Users use of the services (i) violates any applicable law; (Ii) poses a security risk to the services offered under this Contract; (iii) may harm the services offered under this Contract or materials of any other Customer; or (iv) may subject the County to liability as a result of any of the foregoing. We will provide notice of any suspension as soon as practicable to Customer. To the extent practicable, the County will (i) suspend Customer's right to access or use only those instances, data, or portions of the services that caused the suspension, and (ii) limit the suspension to those accounts that caused the suspension. If feasible, access to the services will be restored once the conditions or circumstances giving rise to the suspension have been removed or corrected. II. Other Security and Backup Customer shall be solely responsible for properly configuring and using the services and taking steps to maintain appropriate security, protection and backup of its materials, including using encryption technology to protect the materials from unauthorized access and routinely archiving its materials. III. Customer's Materials Customer is solely responsible for the development, content, operation, maintenance, and use of its materials with the services. For example, Customer is solely responsible for: a) the technical operation of its materials, including ensuring that calls it makes to any service are compatible with then - current application program interfaces for that service; b) any claims relating to Customer's materials; c) properly handling and processing notices sent to Customer (or any of Customer's affiliates) by any person claiming that Customer's materials violate such person's rights, including notices pursuant to the Digital Millennium Copyright Act; d) any action that Customer permits, assists or facilitates any person or entity to take related to this Contract, Customer's materials, or use of the services; and e) Users' use of Customer's materials and the services and ensuring that Users comply with Customer's obligations under this Contract and that the terms of Customer's agreement with each User are consistent with this Contract. City of Tukwila 25 of 36 CONTRACT NO. 02COT13 67 IV. Customer Indemnification Customer agrees to defend, indemnify and hold harmless the County, its officials, employees, agents and assigns, from and against any and all third party claims, damages, liabilities, losses, judgments, costs, and attorneys' fees arising directly or indirectly out of, or relating to Customer and User's use of the services provided under this Contract. Customer agrees that its obligations under this provision extend to any claim, demand, and /or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and, expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Customer will have the right, in its absolute discretion and at its sole cost, to employ attorneys of its own choice and to institute or defend any claim for which County has a right to be indemnified. Customer agrees to require its Users to indemnify, defend and hold harmless the County, its officials, employees, agents and assigns from and against any claim arising from User's use of data center services, or services provided under this Attachment of the Contract. City of Tukwila 26 of 36 CONTRACT NO. 02COT13 68 Attachment H — Service Levels 1. Network Latency The end -to -end Network Latency will not be greater than an average of nine (9) milliseconds. 2. System Availability A. I -Net's service delivery metrics are: 1. Internet Bandwidth Service: Availability of 99.9% annually on all services excluding planned maintenance windows and upgrades. 2. Transport Bandwidth Service: Availability of 99.9% annually on all services excluding planned maintenance windows and upgrades. B. QoS services provide the additional metrics of: (measured using the Etherjack services): 1. One way latency within I -Net MOE platform no more than 150 milliseconds. 2. Average one way jitter less than 30 milliseconds. C. I -Net will monitor compliance with the system availability metrics in paragraphs 2. A and B for the services provided to the Customer. A "Metric Compliance Report" will be available on the Customer's SharePoint site on a monthly basis. If I -Net is unable to achieve the performance specified in paragraphs A and or B, then at the Customer's request I -Net will provide a discount based on the parameters below: 1. System Availability nonperformance between 4 -8 business hours —if requested by the Customer, I -Net will discount Customer's monthly fee for that month by one percent (1 %), and will be reflected on the next monthly invoice. However, at no time shall the total of all fee discounts provided Customer exceed ten percent (10 %) of the Customers monthly service fee over the twelve month calendar period. As an illustration, if the Customers monthly fee is $1,000, the maximum discount that will be provided over the calendar year would be $100. 2. System Availability nonperformance (greater than 8 business hours) -- if requested by the Customer, I -Net will discount Customer's monthly fee for that month by two percent (2 %), and will be reflected on the next monthly invoice. However, at no time shall the total of all fee discounts provided Customer exceed ten percent (20 %) of the Customers monthly service fee over the twelve month calendar period. As an illustration, if the Customers monthly fee is $1,000, the maximum discount that will be provided over the calendar year would be $200. 3. Reliability The I -Net network core is a diverse path, failover network. Recovery due to a network break or equipment failure in the primary ring should not be greater than three (3) seconds under worst case conditions, with detection and rerouting typically occurring in approximately one (1) second. 4. Maintenance Window and Planned Network Outages Regularly scheduled maintenance includes, but is not limited to upgrades, other than Planned Network Infrastructure Upgrades and Migrations Paragraph 16.4, and non - emergency repairs. Scheduled maintenance procedures may be performed on Sunday mornings between 6 a.m. and 9 a.m. Emergency work may be performed at any time necessary to maintain the operation of I- Net services. Notice will be given to the Customer of planned network outages when such an outage will affect the Customer. An I -Net Outage Notification list, comprised of the Customer's designated contact, City of Tukwila 27 of 36 CONTRACT NO. 02COT13 69 will be maintained for this purpose. The County will notify the Customer of scheduled outages at least two (2) business days in advance. The County will endeavor to notify the Customer of emergency outages as soon as possible. 5. Problem Reporting and Escalation Procedure Users Will initially report problems to their agency's information technology (IT) organizations per their existing internal policies. A. The Customer's IT personnel shall troubleshoot the problem to eliminate application, user platform, or other potential problem sources within its internal network. B. If the Customer then believes it is an I -Net problem, the Customer's designated Technical Contact(s) shall contact the I -Net Network Operations Center. C. A service ticket will be created based on the trouble call, and the I -Net troubleshooting process and time clock will begin. D. I -Net Operations will provide a Problem Reporting and Escalation Procedure to the Customer and provide the Customer with progress and status information on the service ticket. The Customer should receive an initial callback regarding the status of the problem within thirty (30) minutes of the initial report. 6. Problem Escalation I -Net Operations will attempt to begin resolution of most problems within two (2) hours of the problem report initially being logged and a service ticket being generated. I -Net Operations will notify the Customer regarding the status of the reported problem and the estimated time to repair completion. The estimated time to repair will depend on the determination of whether or not the issue is outside the control of the County, such as a fiber or power outage, or within the control of the County. A. If, after two (2) additional hours, the problem has not been resolved (within the parameters of the support window and problem severity), the Customer may contact the I-Net Business Manager to escalate the problem priority. At this point, the I -Net Business Manager will assess the internal or external situation, escalate the service ticket's priority as necessary, and provide a best estimate of time to repair completion. B. If an I -Net engineer is required to visit a Site to repair or troubleshoot a problem, the Customer may be charged for this service. There will be no charge if the problem necessitating the visit is due to a failure with I -Net's equipment or network that was not the result of Customer activity, or is caused by the County. In all other situations, the Customer will be charged for the visit. The charge for this service will be $150 per hour, including travel time, with a minimum 2 -hour charge. This charge will be added to the Customer's monthly invoice. 7. New Service Requests The work required and timing for providing service requests varies depending on the nature of the service being requested and constraints imposed by the Customer's status as an existing or new customer. A. For Service Changes, including changes for sites already receiving I -Net service, I -Net will add new services requiring only a software change, typically within ten (10) business days from the receipt of an I -Net Connectivity Change Request Form from the Customer, and I -Net engineering approval of the change. Services requiring hardware changes will be scheduled with the Customer. Upon receiving I -Net engineering and the Customer's approval, I -Net will complete a service ticket and obtain written approval from the Customer. This approved service ticket will be processed by the County for Customer City of Tukwila 28 of 36 CONTRACT NO. 02COT13 70 billing. B. For new I -Net service locations, I -Net's ability to provide requested service will be dependent upon the availability of existing fiber provisioning and integration with the Customer's other existing sites on I -Net. This design will require the participation of both Parties. C. The County will generally add service to a new site, where minimal facilities engineering and provisioning tasks are required, within sixty (60) business days from receipt of an I- Net Connectivity Change Request Form specifying the service from the Customer. The County requires a minimum of ninety (90) business days to construct a typical installation when new fiber installation is required. When more than minimal facilities engineering and provisioning tasks are required, the installation of service will be negotiated with the Customer. All new services require a signed amendment identifying the Date of Activation as agreed upon mutually by both Parties. For all services provided to the Customer that requires engineering, design, or installation services by I -Net, an hourly fee will be charged as specified in Attachment A — Site(s) Covered. Service cannot be activated without a fully executed Contract in place. KCIT Contract Services is responsible for managing the contract process with the active support of I -Net management as required. City of Tukwila 29 of 36 CONTRACT NO. 02COT13 71 Attachment I — IPV4 Addresses IMPORTANT: IPV4 ADDRESS SPACE IS OWNED BY THE COUNTY AND REMAINS THE PROPERTY OF KING COUNTY. THE CUSTOMER HAS THE USE OF THIS ADDRESS SPACE ONLY WHILE THIS CONTRACT IS IN PLACE. THE COUNTY CANNOT GUARANTEE CONTIGUOUS IPV4 ADDRESSES WHEN THE CUSTOMER IS PURCHASING ADDITIONAL IPV4 ADDRESSES, UNLESS AGREED TO IN WRITING BY THE COUNTY. City of Tukwila 30 of 36 CONTRACT NO. 02COT13 72 Attachment J — Evidence of Insurance Coverage City of Tukwila 31 of 36 CONTRACT NO. 02COT13 73 Attachment K - I -Net Rate Card - -crtv rev ur „*a.•, c5- PIP If1GbCarxbleCPE f' 1 0,000 $2,270 52370 9,000 $ 100 $2,183 52,283 8,000 $ 100 $ 2,096 52,196 7.000 $100 $2,009 $2,309 6.000 $100 $1,922 5,000 $I00 51,835 $ 4,935 $ 100 $ 1,74S 48 $1.661 $1,761 2,000 $1,574 1,000 $100 $ 1,487 $1,587 1 Gb Capable CPE r $50 $1,400 $1,450 900 $50 $ 7,257 S1,307 800 $50 $1210 $1,260 700 $50 31,162 $1,212 600 $50 114 $1,164 500 $50 $1,067 7 400 $50 57,019 $1,069 300 $50 $971 $1',021 200 $50 $924 $974 100. $50 $876 $926 rt1P 5P Bi1V Part fltiRC : BW MRC Tot lti.4RC 1 Gb Capable CPE 1,000 $50 $2,000 cal !for rates 900 $50 $1,8500 call for rates 800 $50 51,700 call for rates 700 $50 $ 1,509 c fl frsr rat. 600 $50 $1,400 call for rates 500 $50 $ 1.250 call for rates 400 $50 $1', 158 call for rates $50 $1,065 coil forrates 200 $50 $973 call for $50 $880 $930 90 $50 5 788 $838 80 $50 $695 $745 70 550 60 50 $50 $603 $653 $510 $560 $418 $468 40 $50 5325 T 1 Liner, ly Cos 2 PIP TVs C $ I79.00 lRAddresses eoer r3f a v $8400 P-T,P Rnternet & E'en See -H44+' natetrbe See E74 table Enhanced Customer MOC Ssrvice MOB $147.03 Oaf, Pest effort Vafce,,.Ct=,2,.b'1s ,:,i Cal te Coi for rote Ert7rcinceri 7,EncnAtior4 Security Cor for rate Call tee rote Ad i0r i E:s %C each Sao ON Cu $120 Barchriimidi Surging Call Mr me Coo ferrate Cciriitria ctseM e? Unit co Ercirs C Cerc_itrg. Trcr oetCcoti: o l u5 =? ea .7A r ve,Tect Sr tea. 75% 4f przjecr Description ccort semi IP '4 Acklrec. E�V�C�1I7 ttdr.Il f+3 V'. Core ec t3s 10 l •• Tech Support DNS=.Mgrrw City of Tukwila 32 of 36 CONTRACT NO. 02COT13 74 Attachment L — Customer Network Topology City of Tukwila 33 of 36 CONTRACT NO. 02COT13 75 Attachment M — Customer Access to I -Net SharePoint Site The Customer shall have access to an "I -Net Partner Workspace ", a secure SharePoint site created specifically for that Customer. On the Sharepoint site the term "Partner" has the equivalent meaning as "User" or "Customer ". The Partner Workspace is an important source for communications between the Customer and King County I -Net, specifically the KCIT I -Net team, KCIT Contracts, and KCIT Billing staff. It is intended to be used to view, post, and exchange important information between the Customer and County. . Access to the Partner Workspace is limited to County and Customer staff with a valid user ID and password. Customer information is treated as confidential, unless disclosure is required by applicable law. Credentials will be provided to identified staff upon the execution of this Contract. Navigating to Your I -Net Partner Workspace Your Partner Workspace includes a Parent Site where global announcements and calendar information will be posted. By selecting "All Site Content" on the left of the Parent Site, you will see your Partner Workspace listed. • Partner Site URL: https://kcmicrosoftonlinecom- 40.sharepoint. microsoftonline.com/inet2 partners /SitePages /Home.aspx If you don't see the name of your organization, please call the I -Net Network Operations Center at 206 - 263 -7000 or e-mail inetops(a)kingcounty.gov. City of Tukwila 34 of 36 CONTRACT NO. 02COT13 76 Attachment N — Data Center Services Rate Card Our mission-critt f.erver d applicati ieside in a reclund.-...ilt, t1e.it. lc„ secure, an Hyleiable 24x7x365 environment, ith either our Remote Hands service -,Lir Smart Hands service (you choose), equipment and ours can co-exist in this te-of-thc-ar', data • 4,4 Cu-LOCATION LEVEL 2 $999 whole obi net $599 half cabinet All features and services of Level 1, PLUS mum* CO-LOCATION LEVEL I $899 whole cabinet $499 half cabinet Segregated, secure., state-of-the-art data cabinets • Lodc.ed • Redundent power capable • Hot aisle/cold aisle contained within cab, ct 01S-compliant physical sect, ity •:• Multiple layers of physical securityinclujrn NeiTwol aye rs of "2Factor"access securit. 7x24seairity presence 7x24 King County staff presence Video surveillance cameras St egated„ 5 ecure network connectivity mmgerHArnas SERvica istance and troubleshooting Equipment installation Sand configurations Interface card removal, in and configuratior Testing media for ccntinuity&proper signalling Inventory of equipment Per cydi n g: router, server, switch, soft-boot Adding, removing or verifying a demarcation Moving equipment within your spa 02 St cab! net 1.441.5.exv iiaoiwkr,securin terminatin. .AW _ $100 per month - Monthly fee added into total cabinet pri( e above. Visual verification to assist remote troublesh Racking and stacking equipment Swapping removable media (tapes, cps,(iA( Handling off-site storage requirements Labeling equipment or taking digitaf..-, . : City of Tukwila per month - Monthly fee added into total cabinet price above. 35 of 36 MANAGED SYSTEMS SERVICE $ (est varies diwis hav we tan nippoit.pctr, cat we comper ng require r Thin Features: Segregation • Physical separation of system in secured cabinets • Physical separation of netwc,rhs Staffing Options .+24/7 staff environn r it Security +CJIS & HIPAA compliant physical sea, rity model Standard Wtu L nvironment (SVE) o ti partnerships (future) Vou to u t :43 1(.1 IL, I larKile ',Our syqemyipp.Dit l iih i'li'd114y11 V.-4.S' II t, ?Ili, I14,-,1)1L-11 ojericrit, I ol 11-010 Illit I all Oljel 401r1 lri ltl 1 irtl 111.71illtell:II k' drd Fri KA OM It lil] !Ni.41.111.7,47; In ill 'Ii .21:./ il01111.01.01.11id For 111 Cabinet Pricing, Contact Data Center Manager at 206-263- Rocs CONTRACT NO. 02COT13 77 Attachment 0 — Colocation Agreement The parties agree that the Customer may use space from the County for the colocation of its: City of Tukwila Network Equipment The following colocation options are available for the Customer below. See Attachment N — Pricing for pricing. a) Co- Location Level 1 (Whole cabinet or half cabinet) (CL1W or CL1H): Cabinets are segregated and locked with redundant power capable. Hot aisle /cold aisle contained within cabinet. CJIS - compliant physical security is provided. The multiple layers of physical security include: two layers of "2 Factor" access security, 7x24 King County staff presence, video surveillance cameras, and 7x24 security presence. b) Remote Hands Service (RHS): Visual verification to assist remote troubleshooting efforts; racking and stacking equipment; swapping removable media (tapes, CDs, DVDs, etc.); handling off -site storage requirements; labeling equipment and taking digital photos; and secure network connectivity. c) Co- Location Level 2 (Whole cabinet or half cabinet) (CL2W or CL2H): All features and services of Co- Location Level 1, PLUS: Smart Hands service offering technical assistance and troubleshooting; equipment installations and configurations; interface card removal, installation and configuration; testing media for continuity and proper signaling; inventory of equipment; power cycling for router, server, switch, and soft -boot; adding, removing or verifying a demarcation; moving equipment within your space and cabinets; and wiring services (moving, securing, and terminating cables). d) Managed Systems Service (MSSVE or MSCS): Features of Managed System Services are: segregation (physical separation of systems in secured cabinets and physical separation of networks), staffing options in a 24/7 staff environment, and security (CJIS and HIPAA compliant and a physical security model). Two options are available: • Standard Virtual Environment (MSSVE): 2 vProc, 8 GB RAM, up to 150 GB storage, additional vProcs, RAM, and storage space can be added. • Cloud Services (MSCS): (available 2014) City of Tukwila 36 of 36 CONTRACT NO. 02COT13 78 Finance & Safety Committee Minutes December 3, 2013 – Pape 2 C. Contract: Institutional Network Services Staff is seeking Council approval to renew the contract agreement with King County for Institutional Network (I -NET) Services for a term of three years. This secure service is crucial to several public safety and business processes, including the Police Department's connection to the state -wide Intergovernmental Network (IGN) channel, the Fire Department's connection with County emergency management and regional messaging systems, video arraignments for the Municipal Court, and more. The I -Net connection also enables the City to be physically connected to the King County Network Operations Center located in Sabey Data Center, which now has server rack space available for City use through the county agreement. Moving equipment into this co- location center will save money on utility costs. Finally, in exchange for allowing County use of City -owned conduit reaching King County Libraries located in Tukwila, the County has agreed to upgrade the City to a 1 GB network connection as an even trade. The cost to renew this agreement for three more years is $74,784, excluding tax, distributed between multiple departments as appropriate. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 COMMITTEE OF THE WHOLE AND DECEMBER 9 SPECIAL MEETING. D. Interlocal Agreement: City of Tukwila Support Services for Tukwila Metropolitan Park District Staff is seeking Council approval of a new Interlocal Agreement for Support Services between the Tukwila Pool Metropolitan Park District and the City of Tukwila. The current agreement has a fixed cost of $7,500 per month, but the structure in this proposal is to charge for services on an actual hourly basis, allowing the City to recover costs incurred and give the MPD Board more control over the expenses. These costs are estimated to be approximately $6,600 per month, a decrease attributable to stabilizing support services and the potential Executive Director hire currently being considered by the Board. In addition, the proposed agreement separates City services into two categories— support specific to pool operations, and support specific to District operations. The Committee was asked to consider the proposed agreement as well as two options for the term length: • A six -month term, allowing the MPD Board time to create a request for proposal for pool operations and management, then to select a provider, or; • A two -year term, based on the recommendation from the KJ Design Administrative and Program Assessment Report, allowing for stability of current services with time to implement recommendations from the report. After discussion of the agreement details, the Committee was in favor of the proposal with a term length of two years, also stating support for the change to hourly rates instead of a flat fee. Councilmember Robertson commented that he expected the addition of an MPD Executive Director to result in substantially less direct involvement of City Director level management of MPD support. As an example, the budget worksheet created and maintained by the Parks and Recreation Director should be turned over to Finance staff and the new Executive Director for maintenance. City Administrator David Cline noted that the agreement presented to the Committee of the Whole is likely to include changes proposed by the MPD Board Attorney in collaboration with the City Attorney, particularly with regard to expanded details on the monthly invoicing process. The Committee was comfortable with moving the agreement forward with these changes pending. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 COMMITTEE OF THE WHOLE AND DECEMBER 9 SPECIAL MEETING. E. Community Schools Collaboration Funding Update City Administrator David Cline briefed the Committee on the financial status of Community Schools Collaboration (CSC), currently facing a shortfall due to loss of grant funding and other sustainability issues. Without additional funds, CSC will need to substantially reduce its extended day (after school) program offerings as early as January 2014. The City currently provides $100,000 to CSC annually, representing approximately 20% of its funding. A work group with representatives from CSC, the City, and Tukwila School District has been meeting to discuss options for attaining financial stability. 79 80 COUNCIL AGF,NDA SYNOPSIS Meethrg Dale Prepared by Veriors re4ew Counii/ review 12/09/13 DCS 12/9/13 12/09/13 DCS Bid _divard ,I kg Date ktIA I I Other AN Date CATI,;(1oRY ri Discussion ■ Resolution :IN Date ivirg Date 12/9/13 SPONSOR I I Council Mayor 1 1 HR 1 1 DCD — Finance rire IT Pe-R H Police P1V SPoNSoR's The Council is being asked to consider and approve a resolution setting a public hearing SUMMARY date of January 27, 2014 to consider vacation the portion of 41st Avenue South that adjoins South 144th Street. This street vacation is necessary for the Tukwila Village development to proceed. RI ;,■' 1 IAVI 1) ID' COW Mtg. — CA&P Cmte F&S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 11/26/13 COMMITTEE CI IAIR: ITEM INFORMATION ITEM No. 3.D. & Spec 3.D. 81 STAFF SPONSOR.: DEREK SPECK ORIGINAL AGENDA DATF: 12/9/13 AGN\a).\ Irmo Ty11,1 Vacation of 41st Avenue South 12/9/13 Motion ilkgDale 1 Ordinance ANT Date Bid _divard ,I kg Date Public Hearing ,Aitg Date I I Other AN Date CATI,;(1oRY ri Discussion ■ Resolution :IN Date ivirg Date 12/9/13 SPONSOR I I Council Mayor 1 1 HR 1 1 DCD — Finance rire IT Pe-R H Police P1V SPoNSoR's The Council is being asked to consider and approve a resolution setting a public hearing SUMMARY date of January 27, 2014 to consider vacation the portion of 41st Avenue South that adjoins South 144th Street. This street vacation is necessary for the Tukwila Village development to proceed. RI ;,■' 1 IAVI 1) ID' COW Mtg. — CA&P Cmte F&S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 11/26/13 COMMITTEE CI IAIR: ri Transportation Cmte I 1 Planning Comm. KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITIEF Department of Public Works and Mayor's Office Unanimous Approval; Forward to Committee of the Whole/Special Mtg. COST IMPACT / FUND SOURCE ExoJ:NDl IEEE RI QUIR1:1) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/9/13 MTG. DATE ATTACHMENTS 12/9/13 Informational Memorandum dated 11/22/13 Resolution in Draft Form, with minor modification to 2nd WHEREAS clause by City Atty Legal description of street to be vacated Survey map of street to be vacated Normandy Court location map Minutes from the Transportation Committee meeting of 11/26/13 81 82 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: DATE: SUBJECT: Derek Speck, Economic Development Administrator November 22, 2013 Street Vacation of 41st Avenue South Resolution Setting a Public Hearing Date ISSUE Council is being asked to approve a resolution setting a Public Hearing date of January 27, 2014 to consider vacating the portion of 41St Ave S that adjoins S 144th St. BACKGROUND Since 1999 the City has been acquiring and clearing property at the intersection of Tukwila International Blvd and S 144th St for the Tukwila Village redevelopment project in order to eliminate blight and to revitalize the neighborhood. A portion of 41St Ave S lies within Tukwila Village project boundaries. Early in its inception, the Tukwila Village project included the possibility of vacating 41st Ave S in order to enable better site planning and more efficient development. DISCUSSION The City owns all of the parcels along the east and west sides of this portion of 41st Ave S. If the street is vacated, the title of the land would then belong to the City as land, but not "right of way ". The City could then sell this property in combination with the land that is part of the Tukwila Village development. 41st Ave S is the only public road providing access to the parking lot that is on Normandy Court property. As such, the City is legally bound to ensure the Normandy Court property continues to have reasonable access to a public road such as S 144th St or Tukwila International Blvd. Since 2012 the City, Tukwila Village developer and owners of Normandy Court have discussed ways to provide easements such that Normandy Court has continuous access to public streets. Currently, the owners of Normandy Court are considering a binding letter proposal offered by the Tukwila Village developer as an incentive to fully support the project. If the Council decides to approve an ordinance to vacate 41st Ave S, the ordinance would include a condition requiring those easements to be put into place. The Samara Apartments have a 25' wide easement across the Normandy Court parking lot from the Samara property to 41st Ave S. Although the City is not legally bound to provide public access to the Samara property since it already has good access on 42nd Ave S, the Samara and City desire to have continued access for emergency vehicles. Therefore, the Tukwila Village site plan has anticipated roadways that will allow emergency vehicle access to Samara's easement. FINANCIAL IMPACT As the City owns the street and adjacent parcels, there will be no cost or budgetary impact. RECOMMENDATION Council is being asked to approve the resolution setting a Public Hearing date of January 27, 2014 to consider vacating the portion of 41st Ave S that adjoins S 144th St and consider this item at the December 9, 2013 Committee of the Whole meeting and subsequent Special Meeting that same night. Attachments: Draft Resolution Legal Description Survey Map Normandy Court Location Map Z:ITulmila Villagellnfo Memo Resolution Setting PH 41st Ave S Street Vacation- sb.doc 83 84 AFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS PORTIONS OF 41ST AVENUE SOUTH. WHEREAS, since 1999 the City has been acquiring and clearing property at the intersection of Tukwila International Boulevard and South 144th Street for the Tukwila Village redevelopment project in order to eliminate blight and revitalize the surrounding neighborhood; and WHEREAS, the portion of 41st Avenue South adjoining South 144th Street is situated within the boundaries of the Tukwila Village properties and vacation of this portion of 41st Avenue South is necessary in order to be-redeveloped-redevelop this area and for the efficient site planning and development of Tukwila Village; and WHEREAS, pursuant to RCW 35.79.010, a public hearing on the street vacation must be set by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing regarding the vacation of that portion of 41st Avenue South adjoining South 144th Street, as more particularly described on the attached map and legal description, shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on January 27, 2014, which is not less than 20 nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right -of -way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in the City of Tukwila and in one additional conspicuous place on the right -of -way sought to be vacated at least 20 days prior to the date set for the public hearing. W: \Word Processing \Resolutions \Public hearing for vacation of ROW at 41st Ave S 11 -27 -13 DS:bjs Page 1 of 2 85 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney Attachments: Map and Legal Description W: \Word Processing \Resolutions \Public hearing for vacation of ROW at 41st Ave S 11 -27 -13 DS:bjs 86 Page 2 of 2 LEGAL DESCRIPTION RIGHT -OF -WAY VACATION That portion of 41st Avenue South as dedicated by the Plat of Cherry Lane, recorded in Volume 48 of Plats, at Page 21, records of King County, Washington, Lying North of a line parallel with and 30.00 feet North of the South line of the Southeast quarter of the Southwest quarter of Section 15, Township 23 North, Range 4 East, Willamette Meridian. Containing approximately 23,967 square feet. Project Name: Tukwila Village May 31, 2012 Page 1 of 1 BDG 15255L.001.doc Exhibit: 15255EXH01 -VAC. dwg 87 1 " =80' !IT PARCEL 12 ep, NO. 60 -@-6 RE C.010. N1020814 RIGHT —OF —WAY VACATION 23,967± S.F. S. 144TH ST, S. LINE SE1 /= -EC.15 SCALE: HORIZONTAL 1 " =80' VERTICAL N/A G HA (I 18215 72ND AVENUE SOUTH Q' 41 KENT, WA 98032 (425)251-6222 Z (425)251 -8782 FAX CIVIL ENGINEERING, LAND fie• PLANNING, SURVEYING, NO encom ENVIRONMENTAL SERVICES For: TUKWILA VILLAGE BRIAN GILLOOLY Date /Time:5/31/2012 2:49 PM File:P: \15000s\ 15255 \survey \15255tEXH01 — VAC.dwg JOB NUMBER 15255 15255L.001.DOC Title: RIGHT -OF -WAY VACATION N, DESIGNED XXX 'DRAWN STM 88 SHEET 1 of 'CHECKED BDG 'APPROVED BDG l DATE 05 -31 -12 Normandy Court Property T uk`ii The information included on this map has r, :_aunty staff from ..r , I _urces and is su i .r, out n_. King County makes warranties, express or implied, as to accu - -,-r :! I •. Iness, or rights w eye __e ouch information. Lac j.,_u,r_ r i� oot inte_d for use as a snrvAx: shall not be liable for any general, spec.al, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting fro-, 1..- 1 information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County. Date: 11/19/2013 Source: King County iMAP - Property Info-mation ( http : / /www.metrokc.gov /GIS /iMAP1 apresentati• r�- {iirf Vinci _ King County 90 Transportation Committee Minutes November 26, 2013 — Page 2 • Frank Zepp Bridge (South 180th Street). Seismic, Paint, and Deck and Joint program funding will be sought, requiring no local match. • Beacon Avenue South Bridge. Paint program funding will be sought, requiring no local match. UNANIMOUS APPROVAL TO SUBMIT APPLICATIONS. C. Beacon Avenue South Bridge Load Limit Signs As part of the 2013 Annual Bridge Inspections and Repairs Program, Sargent Engineers, Inc. provided an analysis of several existing bridge load ratings and updated documentation using current standards. As a result of this analysis, the capacity of the Beacon Avenue South Bridge was reduced and warning signs will be installed stating "One Truck at a Time on Bridge." It is uncommon for more than one truck to be on this residential area bridge, but the signage will serve as an extra precaution. The new signs are anticipated to cost less than $500. INFORMATION ONLY. D. Transit Center Project Contracts 1. Staff is seeking Council approval to enter into a construction management contract with AECOM Technical Services in the amount of $739,350.06 for the Tukwila Urban Center (TUC) Transit Center, Andover Park West Street and Water Improvement Projects (Transit Center Project). The Transit Center Project is scheduled for construction in early 2014. The City determined a need for construction management services to supplement the in -house staff, solicited consultants, and received eight proposals. Of the top three firms who were interviewed, AECOM was rated the highest by the selection panel. This contract will include field engineering, inspection documentation compliance support, and on -call consulting. 2. Staff is also seeking Council approval of Supplemental Agreement No. 21 to Contract No. 06 -019 with IBI Group in the amount of $80,000 to provide on -call design engineering support during the construction phase of the Transit Center Project. The total construction management budget for the project is $1,022,460.00. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 2 REGULAR CONSENT AGENDA. E. Resolution: Setting Public Hearing for Vacation of 41st Avenue South Staff is seeking Council approval of a resolution that would set a public hearing date of January 27, 2014 for the proposed vacation of the portion of 41St Avenue South that adjoins South 144th Street. This portion of 41st Avenue South falls within Tukwila Village Project boundaries, and its vacation would enable better site planning on that development. The City could sell this property in the future as part of the overall development area land. Because 41st Avenue South is the only road access to the Normandy Court parking lot, the City is legally bound to ensure continued access by providing easements. If the Council decides to approve the street vacation, an ordinance will be prepared that includes a condition requiring those easements. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 COMMITTEE OF THE WHOLE AND DECEMBER 9 SPECIAL MEETING. F. Resolution: Growing Transit Communities Compact Staff is seeking Council approval of a resolution that would affirm the City's support for the Growing Transit Communities Compact on the invitation of the Puget Sound Regional Council. The Growing Transit Communities Partnership, a coalition of stakeholders including Tukwila, adopted the Growing Transit Communities Strategy in 2013. This document presents wide - ranging, flexible approaches to developing high capacity and high - frequency regional transit areas. Building on the momentum of the work resulting in the adopted Strategy requires ongoing and dedicated partnership, which this Compact represents. It is not legally binding and does not mandate any future action, but expresses support and commitment to these ongoing regional efforts. UNANIMOUS APPROVAL. FORWARD TO JANUARY 2014 COMMITTEE OF THE WHOLE. 91 92 COUNCIL AGENDA SYNOPSIS ni Meeting Date Prepared by III a or ' f re risin Council replant 12/09/13 DJ Pea Patch at Riverton Park 12/9/13 Motion Date 2014 1 1 Resolution Mtg Date Ordinance Mt, Date B1(1.42),(7)-(1 A kg Date Public .Hearing Mtg Date Other Mtg Date CATEGORY Discussion g. Mt g Date Mtg SPONSOR 1 I Council Mgor — HR DCD 1 1 Finance Fire — IT E Pea 7 Police my spoNsoles Consider recommendation from Park Commission by way of citizen request to change the SUMMARY name of the Pea Patch at Riverton Park to "Gully Gardens", in honor of Betty and Paul Gully. ITEM INFORMATION ITEM No. 3.E. 93 STAFF SPONSOR: RICK STILL ORIGINAL AGENDA DATE: 12/9/13 AGENDA ITEM TITLE Naming Pea Patch at Riverton Park 12/9/13 Motion Date 2014 1 1 Resolution Mtg Date Ordinance Mt, Date B1(1.42),(7)-(1 A kg Date Public .Hearing Mtg Date Other Mtg Date CATEGORY Discussion g. Mt g Date Mtg SPONSOR 1 I Council Mgor — HR DCD 1 1 Finance Fire — IT E Pea 7 Police my spoNsoles Consider recommendation from Park Commission by way of citizen request to change the SUMMARY name of the Pea Patch at Riverton Park to "Gully Gardens", in honor of Betty and Paul Gully. RtwiNwim BY COW Mtg. Utilities Cmte DATE: 11/25/13 ■ CA&P Cmte F&S Cmte — Transportation Cmte Comm. — Planning Comm. CHAIR: EKBERG __ Arts Comm. A Parks COMMITTEE RECOMMENDATIONS: SPoNsoR/AumiN. CO\iMi'Fiii Parks and Recreation Department Committee of the Whole Unanimous Approval; Forward to COST IMPACT / FUND SOURCE EXPENDITURI; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/9/13 MTG. DATE ATTACHMENTS 12/9/13 Informational Memorandum dated 11/18/13, with modifications underlined after CAP Letter from Ron Lamb Resolution 1400 (Naming City Property) Minutes from the 11/20/13 Park Commission Meeting Minutes from the 11/25/13 Community Affairs and Parks Committee Meeting 93 94 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director BY: Dave Johnson, Recreation Superintendent DATE: November 18, 2013 (Based on discussion at CAP, language modifications are shown below in strike -thru underlined format.) SUBJECT: Naming Pea Patch at Riverton Park ISSUE Consider recommendation from Park Commission by way of citizen request to change the name of the Pea Patch at Riverton Park. BACKGROUND A formal request was made by Ron Lamb at the October 21, 2013 Regular Meeting for the City Council to consider naming the Pea Patch at Riverton Park as Gully Gardens, in memory of Betty and Paul Gully. A copy of Mr. Lamb's letter is included as Attachment A. Riverton Park is the site of the former Southgate Elementary School, and former site of the Tukwila Community Center, and was known as "Southgate ". After the Community Center moved to the Allentown site in 1997, Betty Gully was instrumental in gathering community signatures in support of renaming the park to Riverton Park. In April 1993, Council passed Resolution 1247, which named the Southeast field at Foster Memorial Park after Lee Phillips. Foster Memorial Park is managed and maintained via a lease agreement with the Tukwila School District. Lee Phillips was a long -time Tukwila resident, Police Court Judge in Tukwila, and coached the first Little League baseball team in Tukwila and founded the Little League in Tukwila. DISCUSSION The City manages and maintains the Riverton Park property via a lease agreement with the Tukwila School District. The process for naming City property is covered by Resolution 1400 (Attachment B), and includes park property. By resolution, the names of parks in Tukwila shall be recommended by the Parks Commission, and forwarded to the Community and Parks Committee for consideration. By resolution, names of property and facilities (including parks) shall use the following unranked criteria to guide their naming decision: 1. Geographical location 2. Historical consideration 3. Names of persons 4. Geological features 5. City identity and image 95 INFORMATIONAL MEMO Page 2 By resolution, where persons names are used, they should be people who have made an outstanding contribution to the community, have historical significance to the area, or who the City would like to recognize as an important influence in the area. The Park Commission has reviewed Mr. Lamb's request presented at the November 20, 2013 Park Commission meeting (Attachment C) and would like to recommend to the Community and Parks Committee that the Pea Patch at Riverton Park be named Gully Gardens, in honor of Betty and Paul Gully. Currently, the name of the Pea Patch is Riverton Pea Patch. For process sake and by resolution, when the name is being considered for a change, the Council will delay a final decision for thirty (30) days after a recommendation from a Committee of the Whole is made. RECOMMENDATION The Community Affairs and Parks Committee is being asked to recommend the name of the Pea Patch at Riverton Park be changed from Riverton Pea Patch to Gully Gardens and forward the recommendation to the Committee of the Whole (12/9/13) and Regular Meeting (TBD 2014) for consideration and approval. ATTACHMENTS Attachment A — Letter from Ron Lamb Attachment B — City of Tukwila Resolution 1400 "Naming City Property" Attachment C — Parks Commission Draft Minutes from November 20, 2013 Attachment D — Community Affairs and Parks Committee Meeting minutes — November 25, 2013 96 ATTACHMENT A Dear Parks Commission members, I'd like to ask the Parks Commission to consider naming the Riverton Park pea patch Gully Gardens in memory of Betty and Paul Gully. Most people on the commission, I'm sure, knew Betty and Paul, but to briefly recap their contributions to the community, here are.just a few of their accomplishments and contributions to the community over the decades: • Served as Scout and school leaders • Led school levy campaigns for years • Served on the Rainier Symphony board • Actively participated in the Vision Tukwila process • Served on the Tukwila Children's Foundation board • Worked on annexation of their Riverton neighborhood to the City • Named Treasures of Tukwila • Operated their own business, Gully Gardens, from their home, a block from the Riverton Park pea patch But most important, they chose to put down roots in here. With Betty and Paul as role models, family members have stayed in Tukwila and still contribute to the community. Their active participation in their community has inspired others, beyond their family, as well. Creating community is like tending a garden. You don't just throw some seeds on the ground and walk away. A community, like a garden, requires constant care and attention. Betty and Paul were always there to provide that care and attention. Though they are no longer with us, their example of community service can continue to inspire us all. What better way to remember them than a garden? I've spoken to family members about this idea, and they are supportive. I also spoke to Betty about it, when she was in the assisted living facility in West Seattle, after Paul had passed away and she had suffered her stroke. I asked her what she thought of the idea of naming the pea patch Gully Gardens. She said, "Do what you think best." I think this is what is best. I hope you agree. Sincerely, Ron Lamb 4251 South 139th Street Tukwila, WA 98168 97 98 City of Tukwila Washington Resolution No. /J4eD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING POLICIES FOR NAMING CITY PROPERTY; AND REPEALING RESOLUTION 981. Attachment B WHEREAS, Resolution 981 was passed in 1985 to set policies for naming City property; and WHEREAS, since 1985 the City has grown, development has increased, and Resolution 981 no longer applies as effectively as it once did; and WHEREAS, Tukwila has a rich history, an important location, and a number of individuals who have contributed to the City's development and enrichment; and WHEREAS, naming of remaining property in Tukwila should be done in a fashion that is responsible and reflects a thoughtful and meaningful process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Authority to Name City Property. A. The Tukwila City Council shall be the final authority in approving the names of City- owned real property. B. New streets in the central business district and business /industrial areas shall be given grid numbered names in order to enhance quick response by public safety officials in emergencies and in order to facilitate access by the general public. C. The City's Fire Marshal will approve the names of numbered City streets. The Administration will inform the Council of these names when approved. D. The names of parks in the City shall be recommended by the Park Commission. Their recommendation will be forwarded to the Community and Parks Committee for consideration. E. In all cases other than parks and numbered streets in the central business district, the Community and Parks Committee will recommend a name or alternative names for City Council consideration and approval. Section 2. Criteria for Naming City Property. A., Named City property and facilities including streets, parks, bridges, and facilities shall use .the following unranked criteria to guide their naming decision: I. Geographical location; 2. Historical considerations; 3. Names of persons; 4. Geological features; 5. City identity and image NAMEPROP.DOC 6/11[1998 ,-,B,,_ „Where_persons' names are used, they should be people who have made an outstanding contribution to the community, or whose names are of historical, significance to the area, or who ,the Cry would like to recognize as an important influence in the area.. C. When the name of City-owned real property or of a City facility is being changed,, the City Council will delay a final decision for thirty (30) days after a recommendation from a _Committee of the Whole is rnadex ;, Section 3. Repealer. Resolution 981 is hereby repealed. PASSED BY THE CITY COU CIL OF THFCITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this - / day of f1 , 1998. ATTEST /AUTHENTICATED: E. Cantu, City Clerk APPROVED AS TO FORM: By: Office o the City A orney Filed with the City Clerk: A — //— 98 Passed by the City Council: - /.0=7657 Resolution Number_ lf/OO NAMEPROP.DOC 6/11/1998 100 Pamela Linder, Council President Attachment C TU 1LA PARKS &t. RECREATION auoo*s��ryv row PARKS COMMISSION ���/xrx~v �~��o��v�xx.v.�n��/� MINUTES o�oux���ou��� November 20 16, 2013 5:3Op/n Tukwila Community Center Call to Order: Parks Committee Chairperson Sean Albert called the meeting to order at 5:33pm. Attendance: Commissioners — Sean Albert, Don Scanlon, Alice Russell, Joanne McManus Staff — Dave Johnson, Marty O'Brien Approval of Minutes: Don Scanlon moved to approve thel Minutes of the October 16, 2013 meeting. Alice Russell seconded the motion, and the motion passed unanimous y. Presentation — Foster Golf Links: Head Golf Pro at Foster Golf Links, Marty O'Brien provided information and answered questions from the Commissioners rega.rdlin Golf in Tukwila, including rounds of play are up 2% compared to 2012, methods to increase revenue Inc udge maximizing rounds played through intentional marketing efforts and re-investing into the product (i.e. the coFurtser).isMar. 0 Brien announced that he will be retiring in August after 23 years at Foster Golf Links, and noted that osd e great asset to the community. He is very proud of the course, how far it's come in the past 23 years, an that he is.excited for the future of Foster Golf Links. The Commission thanked Mr. O'Brien for the update and for his service to t.he community, and asked staff to explore opportunities to update the community on the "state of Golf' in Tuk)tvi/la. Citizen Comment: no citizen comment Business Items � ��� ,���� A. Project Update —The Commission reviewed the Project Update included in the Agenda Packet. B. Park N rename the Pea Patch at Riverton Park to '`Gully Gardens," in honor of Paul and Betty Gully. Mr. Johnson shared the naming process with the Commission and introduced Ron Lamb to the Commission. Mr. Lamb was the citizen who originally brought the request forward to council. Discussion ensued and included thoughts a memories of the Gully's, recognizing their impact on Tukwila, concern about naming features of Parks, perhaps it's more appropriate to name Duwamish Gardens after the Gully's. Joanne McManus moved to recommend to the Community Affairs and Parks Committee that the name of the Pea Patch at Riverton Park be changed to "Gully Gardens," in memory of Paul and Betty Gully. Alice Russell seconded the motion. The motion passed, 3-1. C. PROS Plan Update — Dave Johnson distributed the DRAFT PROS PIan to the Commissioners and summarized the plan, and explained the process going forward. Comments are due back by January 13, 2014, and it final plan needs to be adopted by March 1, 2014 in order to be eligible for the next RCO grant cycle. C. Park Rules Update — Dave Johnson explained that staff are working on a draft of updated Rules and Regulations and hope to have a preliminary draft at the January meeting for the Commission to review. D. Department Update — Dave Johnson shared information with the Commission, including the Winter Program Guide, recruitment for the openings for the Commission, and upcoming events. Other A. The Commission reviewed their budget status for expenditures. After discussion, Don Scanion moved to spend $450 on the purchase of soccer balls to be used for the Adopt-a-family program. The Commission feeis this will have a far reaching effect on the kids in the program as a single ball can be used by numerous kids, and falls under the "Good Healthy Fun" that Parks and Recreation promotes. B. Don Scanlon inquired about the role that Parks and Recreation has in the City Emergency Plan. Mr. Johnson explained that the Department is tasked with sheltering, and has gone through training and mock Adjournment: Alice Russell moved to adjourn at 7:00pm. The motion was seconded by Don Scanlon. The motion passed unanimously. Next Meeting: December Social TBA 102 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes November 25, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller Staff: David Cline, Rick Still, Dave Johnson, Stephanie Gardner, Gail Labanara, Laurel Humphrey Guest: Ron Lamb, resident; Ryan Mottau, MIG CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m. 1. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Revising Tukwila Municipal Code Chapter 2.30 — Arts Commission Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Chapter 2.30 — Civic Arts Commission to modernize the Commission's governance in alignment with current City Strategic Plan goals. The Arts Commission has reviewed and is in support of the proposal, summarized as follows: • Name change from Civic Arts Commission to Tukwila Arts Commission • Expand members from five to seven • Add one student representative position • Define the Municipal Arts Fund as an allocation of 1% of all qualifying Capital Improvement projects "Percent for Art" programs have been adopted by numerous cities, counties, governments and public authorities in Washington State. Federal government allows a minimum of 1/2% and a maximum of 5% to be allocated to public art. This proposal would support the Strategic Plan goals relating to A Community of Inviting Neighborhoods and Vibrant Business Districts', and Promote a Positive Identity and Image." The Committee requested that the Arts 'Funding Matrix in the committee packet include draft language representing Tukwila's policy in the event it passes Council approval. In addition, staff was asked to provide a cost estimate for the 1% based upon the 2013 Capital Improvement Program. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 COMMITTEE OF THE WHOLE. B. Renaming of Pea Patch at Riverton Park to Gully Gardens. Staff is seeking Council approval to change the name of Riverton Pea Patch to Gully Gardens to honor the memory of notable Tukwila residents Betty and Paul Gully. This request was first conveyed by resident Ron Lamb at the October 21, 2013 Regular Meeting of the City Council. The Park Commission has reviewed Mr. 'Lamb's request and determined that the community contributions made by Mr. and Mrs. Gully certainly meet the naming criteria as outlined in Resolution 1400. If the Committee of the Whole recommends that the name change to Gully Gardens move forward, the final decision will be delayed for at least thirty days and appear on a Regular Meeting agenda in 2014. Staff shared some additional information regarding the history of the Riverton Park site that the Committee asked be added to the packet prior to Committee of the Whole discussion. If the renaming is approved by the Council, staff would like to celebrate with an opening event and installation of a commemorative plaque at the park. UNANIMOUS APPROVAL. FORWARD TO THE DECEMBER 9 COMMITTEE OF THE WHOLE. 103 104 COUNCIL AGENDA SYNOPSIS MeetinsDate .Prepared Ma ,,. r's review Council ?review 12/09/13 SB .,, 12/09/13 Motion Date 12/09/13 Resolution illtg Date Ordinance A Itg Date — Public Hearin_g All; Date Other Mtg Date CATEGORY OA Discussion g _AN Date Alts SPONSOR Council Mayor HR _I DCD Finance Fire IT 13e-R 1 1 Police 13IV SP oNsoit' s City staff, labor relations consultant, and the United Steel Workers Local #9241 (04) SUMMARY bargaining team opened labor negotiations on July 29, 2013, in an effort to reach an agreement on a successor labor contract for Police non-commissioned employees. A tentative agreement has been reached and information is being presented for City Council approval and to authorize the Mayor to sign the Collective Bargaining Agreement (CBA). ITEM INFORMATION ITEM No. 3.F. & Spec 3.E. 105 STAFF SPONSOR: STEPHANIE BROWN ORIGINAL AGLNDA DAM: 12/09/13 AGUNDA flEM TITI,k Authorize Police #9241 the Mayor to sign the Collective Bargaining Agreement (CBA) for the Non-Commissioned employees represented by United Steel Workers Local (04) for contract years 2014-2016. 12/09/13 Motion Date 12/09/13 Resolution illtg Date Ordinance A Itg Date 1 1 Bid .,-livard Alt; Date Public Hearin_g All; Date Other Mtg Date CATEGORY OA Discussion g _AN Date Alts SPONSOR Council Mayor HR _I DCD Finance Fire IT 13e-R 1 1 Police 13IV SP oNsoit' s City staff, labor relations consultant, and the United Steel Workers Local #9241 (04) SUMMARY bargaining team opened labor negotiations on July 29, 2013, in an effort to reach an agreement on a successor labor contract for Police non-commissioned employees. A tentative agreement has been reached and information is being presented for City Council approval and to authorize the Mayor to sign the Collective Bargaining Agreement (CBA). _ Rimr:wi M N\ COW Mtg. C.A&P Cmtc F&S Cmte Transportation Cmte Utilities Cmtc Arts Comm. Parks Comm. 1 I Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPoNsoR/ADmIN. Commum: Human Resources COST IMPACT / FUND SOURCE EXPINIDITuRu Ri XXIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/09/13 MTG. DATE ATTACHMENTS 12/09/13 Informational Memorandum dated 12/04/13 United Steel Workers Local #9241 (04) Collective Bargaining Agreement (CBA) 105 106 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Stephanie Brown, Human Resources Director DATE: December 9, 2013 SUBJECT: USW Police Non - Commissioned Collective Bargaining Agreement (CBA) BACKGROUND The City and USW Police Non - Commissioned bargaining teams opened labor negotiations on July 29, 2013, in an effort to reach an agreement on a successor labor contract. A tentative agreement was reached between the parties on November 26, 2013, which resulted in a three year contract (2014- 2016). In alignment with the City Council's compensation policy, in addition to budget considerations in future years regarding the total cost of compensation, the City and USW Police Non - Commissioned bargaining groups negotiated the successor agreement based upon mutual interest. The areas of interest to the City during negotiations were to maintain the status quo on medical insurance, in support of the Council policy that when economic conditions allow providing benefits that are slightly above average for its employees. Other interests focused on housekeeping for contract language clarification; mutual selection of arbitrators under the grievance procedure; and incorporation of previously negotiated memorandum of understandings into the contract. The contract provides for no wage increase in 2014, however in recognition of this concession, all bargaining unit employees will receive a one -time lump sum payment of $700 effective January 1, 2014. In 2015 there will be a wage increase of 2.0 %; and in 2016 the bargaining unit members will receive 90% of the CPI -W (June). There is also an increase to the shift differential from $0.65 to $0.85 for employees assigned to the night shift. In addition, effective January 1, 2014, the Professional Standards Administrative Specialist classification will receive a one -time market adjustment of 2.0% to bring the position in alignment with comparable jurisdictions. Overall, the negotiation process resulted in a successful collaborative process by both parties. RECOMMENDATION The City Council is being asked to authorize the Mayor to sign the successor collective bargaining agreement (CBA) between the City and USW Police Non - Commissioned at the Special Meeting to be held on December 9, 2013. ATTACHMENTS 2014 — 2016 USW Police Non - Commissioned Collective Bargaining Agreement (CBA) 107 108 FINAL TUKWILA POLICE NON - COMMISSIONED LABOR AGREEMENT between the CITY OF TUKWILA and UNITED STEELWORKERS On Behalf of Local 9241 (04) Effective January 1, 2014 — December 31, 2016 tukwilausw2013Finall 1 -26 -13 1 109 TUKWILA POLICE NON - COMMISSIONED AGREEMENT by and between THE CITY OF TUKWILA and UNITED STEELWORKERS ON BEHALF OF LOCAL 9241 TABLE OF CONTENTS ARTICLE TITLE PAGE Table of Contents 2 Preamble 3 1 Recognition and Bargaining Unit 3 2 Union Membership and Dues Deduction 4 3 Working Out of Classification 6 4 Hours of Work 6 5 Salaries 8 6 Department Work Rules 8 7 Clothing Allowance 9 8 Sick Leave 10 9 Holidays 12 10 Education Allowance and Longevity Pay 13 11 Definitions 15 12 Vacations 15 13 Pensions 16 14 Insurance 16 15 Disciplinary Procedures 18 16 Management Rights 20 17 Grievance Procedure 24 18 No Strike and No Lockout 24 19 Leaves 24 20 Savings Clause 25 21 Entire Agreement 25 22 Safety 26 23 Duration of Agreement 26 Schedule "A" Wage Schedules 27 Appendix A Administration 29 Memorandum of Understanding tukwilausw2013Finall 1 -26 -13 2 110 PREAMBLE This mutual agreement has been entered into by the United Steelworkers, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, for and on behalf of Local 9241 (hereinafter referred to as "United Steelworkers" or "Union "), and the City of Tukwila (hereinafter referred to as "City" or "Employer "). The purpose of this Agreement is the promotion of harmonious relations between the Union and the City; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of rates of pay, hours of work, and other terms and conditions of employment. ARTICLE 1 RECOGNITION AND BARGAINING UNIT SECTION 1. The City of Tukwila recognizes the United Steelworkers, AFL -CIO on behalf of its members in Local Union 9241, as the exclusive bargaining representative of the Police Department for all employees in positions listed in the Wage Schedule A; provided that neither party waives its right to petition the Public Employment Relations commission to add to or delete from the above list in accordance with established time frames and procedures. SECTION 2. There shall be no more than two (2) Union representatives designated to act on behalf of members with regard to day -to -day administration of the Agreement. For the purposes of negotiations with the Employer, the number of official representatives of the Union shall be limited to three employees and one alternate, plus representatives of the international union. SECTION 3. Union Business The Employer shall afford a Union officer (shop steward) who is an employee in the bargaining unit a reasonable amount of time to meet with appropriate administrator(s) and/or employee(s) with respect to the interpretation or application of this Agreement; provided: The Union officer shall give at least forty eight (48) hours notice to the Chief of Police or designee prior to such meeting; the Union officer indicates the general purpose of the meeting, i.e. issue to be discussed; the Employer is able to properly staff the employee(s) job duties during the time period; the wage cost to the Employer is no greater than the cost that would have been incurred had the Union officer not taken the time; the Union official shall not transact such business while working on shift which in any way interferes with the operation of the normal routine of City business. Employees who are subpoenaed to appear as a fact witness during a Civil Service Hearing, PERC hearing or labor mediation may be allowed to attend without loss of pay, only during their testimony and only if travel out of the City is not involved. Otherwise, the employee 's time off shall be charged to vacation or comp time. tukwilausw2013Final l 1 -26 -13 3 111 Union officers may be granted unpaid leave for the purpose of attending union conventions or seminars, provided that such request is made to the Employer with at least seven (7) days written notice and that compliance with items 2 through 5 above shall be secured by the Union officer. For the purposes of Union business, the Union will notify the Employer in writing at least annually as to its Union officer(s): name(s), address(es), and phone number(s). ARTICLE 2 UNION MEMBERSHIP AND DUES DEDUCTION SECTION 1. Membership in the Union is required within thirty (30) days of employment, unless an exemption is granted for a bona fide reason per RCW 41.56.122. All employees within the bargaining unit, unless exempted hired after the execution of this Labor Agreement shall, as a term and condition of employment, join and continue membership in the recognized bargaining association. Current employees who are Union members shall continue their membership throughout the life of this Agreement. In accordance with RCW 41.56.122, employees covered by this Agreement who, for bona fide religious tenants or teachings of a church or religious body are forbidden from joining a union, shall contribute an amount equivalent to regular monthly union dues to a non - religious charity or to another charitable organization mutually agreed upon by the affected employee and the Union monthly instead of union dues. The employee shall furnish written proof to the Union that such contribution has been made. SECTION 2. It is the continuing policy and recognized obligation of the City and the Union that the provisions of this Agreement shall be applied uniformly as required by federal and state employment laws that prohibit discrimination based upon race, color, religion, creed, national origin, age (over 40), veteran status, marital status, sex, sexual orientation, gender identity, political affiliation, the presence of a disability, or the use of a trained guide dog, or other legally protected class status. All provisions of this Agreement shall apply equitably to all male and female employees. Nothing in this clause shall restrict the Union from providing internal, Union sponsored benefits to Union members only. SECTION 3. Subject to the terms of this Agreement, no more than two (2) official representatives of the bargaining shall be given time off with pay to attend negotiation sessions with the Employer during working hours, provided reasonable notification is given and the time is mutually agreed upon. The Employer retains the right to restrict such release time when an emergency exists or such release would create a danger to public safety. tukwilausw2013Finall 1 -26 -13 4 112 SECTION 4. The following procedure shall be followed in the deduction of dues and initiation fees for members of Local 9241 of the United Steelworkers. The employer agrees to the deduction of monthly dues and initiation fees as designated by the International Treasurer for those employees in the Unit who elect to become members of the Union and who request in writing to have their regular monthly Union dues checked off on the basis of individually signed voluntary check -off authorization cards in the following form: "Pursuant to this authorization and assignment, please deduct from my pay each month, while I am in employment within the collective bargaining unit with the Employer, monthly dues and (if owing by me) an initiation fee each as designated by the International Treasurer of the Union, as my membership dues in said Union." A copy of said deductions shall be forwarded to the Financial Secretary of the United Steelworkers Local #9241. "This assignment and authorization shall be effective and cannot be canceled for a period of one (1) year from the date appearing above or until the termination of the current collective bargaining agreement between the Employer and the Union, whichever occurs sooner. I hereby voluntarily authorize you to continue the above authorization and assignment in effect after the expiration of the shorter of the periods above specified; for further successive periods of one (1) year from such date, I agree that this authorization and assignment shall become effective and cannot be canceled by me during any such years, but that I may cancel and revoke by giving to the appropriate management representative of the plant in which I am then employed, an individual written notice signed by me and which shall be postmarked or received by the Employer within fifteen days following the termination date of any collective bargaining agreement be between the Employer and the Union covering my employment if such date shall occur within one of such annual periods. Such notice of revocation shall become effective respecting the dues for the month following the month in which such written notice is given; a copy of any such notice will be given by me to the Financial Secretary of the local Union." Each month, the Employer shall remit to the International Treasurer of the United Steelworkers, at the address which they authorize for this purpose, all dues and fees deducted together with a list of employees and the amount deducted from each employee. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article, unless caused by the negligence of the Employer. tukwilausw2013FinaI11 -26 -13 5 113 ARTICLE 3 - WORKING OUT OF CLASSIFICATION Should any employee be required to act as supervisor, the employee shall be paid a premium of five percent (5 %) of the employee's base rate of pay while so acting. It is understood that assignments of supervisory duty will be made by the Chief of Police or their designee. When assigned to perform evidence technician responsibilities during the absence of the evidence technician, or as an alternate when the evidence technician is on duty as designated by the Chief of Police or their designee, the employee shall be placed in the salary range of the evidence technician position providing for not less than 5% increase above their current rate of pay. ARTICLE 4 - HOURS OF WORK SECTION 1. This Article is intended to define the normal hours of work, to provide the basis for calculation of overtime, and set forth the policy on compensatory time. Compensation shall not be paid more than once for the same hours under any provision of the Agreement. SECTION 2. Hours of Work. The working hours for members affected by this Agreement shall be the equivalent of forty hours (40) per week on an annualized basis, exclusive of meal period. The normal schedule for employees shall be five (5) days worked and two (2) days off during a seven (7) day period, except in the event of an unusual occurrence, civil disorder or national disaster. The normal working hours for members of the bargaining unit assigned to part-time position(s) shall be twenty (20) hours per week on an annualized basis, exclusive of meal period. The normal work schedule for part -time employees shall be established by the Employer. Full -time employees covered by this agreement may work alternative work schedules with mutual agreement between the employee and the Employer, provided the Employer may reassign the employee to the normal 5/2 work schedule at any time. SECTION 3. Overtime. Except as otherwise provided in this Article, employees on a five (5) day schedule shall be paid at the rate of time and one -half (1.5) for the first four (4) hours in excess of eight (8) hours worked and beginning during the fifth (5th) hour in excess of eight (8) hours worked at the rate of two (2) times their normal pay rate in one (1) day, exclusive of lunch period. Thereafter, additional hours worked shall be at the rate of two (2) times their normal pay rate, in one (1) work day, inclusive of lunch period. Only one such payment shall be made for the same hours of work. There shall be no pyramiding of overtime. tukwilausw2013Final l 1 -26 -13 6 114 Call Back., In the event that overtime is not an extension of a normal shift, the minimum payment shall be for three (3) hours at the one and one -half (1.5) time rate. Overtime for Court Appearance. In the event that court appearances are required outside of regularly scheduled hours, the Employer shall attempt to schedule such appearances on regularly scheduled days rather than on furlough days. Such appearances outside of regularly scheduled hours which are not an extension of a normal shift shall be com- pensated for a minimum of three (3) hours at the employee's time and one -half (1.5) rate. SECTION 4. Standby. The Employer and the Union agree that the use of standby time shall be minimized consistent with sound law enforcement practices and the maintenance of public safety. Standby assignments shall be for a fixed, pre - determined period of time not to exceed eight (8) hours. Employees formally placed on standby status shall be compensated on the basis of four -(4) hours straight pay for eight (8) hours of standby or fraction thereof. If the employee is actually called back to work, normal overtime rules shall apply. Compensation for standby shall not be paid in addition to overtime minimum pay. On Call. Employees shall be compensated at the overtime rate for thirty (30) minutes if they are required by the shift supervisor to be on call during their meal period. "On call" is defined as being required to take a radio to lunch, or being required to stay in the building during the meal period. SECTION 5. Compensatory Time. Compensatory time is defined as time off granted an employee as compensation for hours worked in addition to the employee's regularly scheduled workday or workweek. It is the responsibility of the employee to request compensatory time in lieu of overtime if so desired. The Employer shall have discretion to determine whether compensatory time is to be granted to the employee when compensatory time is requested by the employee in lieu of overtime. The granting of compensatory time in lieu of overtime will be at the rate of one and one - half (1.5) for each overtime hour worked up to the 12th hour of continuous work. Beginning at the 13th hour of continuous work the granting of compensatory time in lieu of overtime will be at the rate of two (2) for each overtime hour worked. Individual accrual of compensatory time in lieu of overtime shall not exceed fifty (50) hours. SECTION 6. Contacts Outside of Scheduled Work Hours. The designated first contact with an employee outside of scheduled work hours will be as assigned by the Chief of Police, or the Chief's designee. If there is a need to make such off duty contact, the employee shall be paid a minimum of fifteen (15) minutes for actual time required to handle Employer business, and thereafter, in fifteen (15) minute increments. If a callback to duty is required, compensation shall be governed by Section 3.A. above. The tukwilausw2013Finall 1 -26 -13 7 115 minimum of fifteen (15) minutes will be paid at the overtime rat e and if a call -back to duty is required, the fifteen (15) minutes of overtime shall be included in the compensation paid at the overtime rate under Section 3.A. SECTION 7. In the event the Mayor closes all or part of City facilities or operations in the case of emergency or for safety reasons, essential employees defined as employees assigned to positions that provide 24 hour, 7 day a week coverage will continue to maintain their normal work schedule, unless specifically released from duty by the Chief of Police or his/her designee. ARTICLE 5 - SALARIES SECTION 1. The Employer agrees to maintain salaries during the term of this Agreement as set forth in Schedule A. SECTION 2. This Agreement shall be opened for the purpose of negotiating salaries for new classifications affecting employees in the bargaining unit. Such salaries shall become effective upon the agreement of the parties. Nothing in this section shall preclude the Employer from establishing new positions or classifications. SECTION 3. A differential pay of eighty -five cents ($0.85) per hour above an employee's regular pay scale shall be paid for all work regularly scheduled between the hours of 1700 — 0700 (5:00 p.m. to 7:00 a.m.). SECTION 4. Police Records Specialists assigned by the Chief of Police, or their designee, the responsibility of training other Department personnel shall be paid a differential pay of one dollar ($1.00) per hour (above their regular pay scale) for the hours the Police Records Specialist is actually assigned by the Employer to train records staff as part of their training program, or other Police Department staff in the front office or evidence orientation as part of their field training program. ARTICLE 6 - DEPARTMENT WORK RULES SECTION 1. Notification of Changes. The Employer agrees to notify the Union in advance of changes affecting working conditions of any employee covered by this Agreement and a conference in good faith shall be held thereon before such changes are placed in effect. SECTION 2. Work Rotation. The rotation of personnel between shifts shall be to provide an adequate and efficient workforce at all times, as determined by the Employer. SECTION 3. Personnel File. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of the information in the files to internal use by the Police Department. This provision shall not restrict such tukwilausw2013Finall 1 -26 -13 8 116 information from becoming subject to due process by any court of administrative tribunal. It is further agreed that information may be released to outside groups subject to the approval of both the Employer and employee. Nothing in this section shall prevent an employee from viewing their original personnel file in its entirety upon request. The Chief of Police, or their designee, and City Administrator shall have access to the individual personnel files in the normal course of their responsibilities. At the discretion of the Chief of Police, or their designee, file material shall be released to another law enforcement agency doing employment background upon proof of a signed release of the individual in question. Inspection of Papers. The application and examination papers of a certified eligible shall be available for inspection by the appointing authority, the Chief of Police and the affected employee. Such papers shall also be made available to the elected or appointed officers of the Union at the request of the affected employee. Employees shall have the right to review any and all items placed in their personnel file and shall have the right to request of the Chief of Police that any complaint to be withdrawn. In the event that such complaint is not withdrawn if such a request is made, the employee may invoke the provisions of Article 17. Except that no material shall be removed from the file during that period of time that the employee is specifically named in any civil litigation in their capacity as an employee which pre -dates or is relevant to the litigation. The Employer shall have the right to purge employee files from time to time as deemed necessary, with all purged items being returned to the employee for their own disposition. ARTICLE 7 - CLOTHING ALLOWANCE SECTION 1. Uniformed Personnel shall receive a clothing allowance of $300.00 per year. Non - Uniformed personnel shall receive a clothing allowance of $350.00 per year. Each new employee will receive the full amount specified at the time of hire. During January of the year following hire, the new employee will receive a uniform allowance in a pro -rated amount. SECTION 2. The purpose of such allowance for Uniformed Personnel is to clean and/or repair any equipment or clothing required by the Employer that is not furnished by the Employer. The purpose of such allowance for Non - Uniformed Personnel is to purchase, clean and/or repair any Approved Business Attire. The allowance shall be paid once annually to each employee on January 31 of the new year, and is subject to a pro -rated deduction from the final pay check in the event an tukwilausw2013FinaI11 -26 -13 9 117 employee does not serve the entire twelve (12) months for which such payment was made with the exception of an employee who retires or expires, in which event no deduction shall be made. SECTION 3. Uniforms shall be replaced on a quartermaster system, as needed and as approved by the Employer. The City shall issue and maintain, if required by the position, a uniform badge for each non - commissioned new hire employee, to be maintained by the employee. The City shall retain ownership of this item. SECTION 4. In the event that the Employer should change the clothing that is required by the Tukwila Police Department during the life of this Agreement, employees so affected by such changes shall be reimbursed for the entire cost of one (1) issue of such new clothing. Such reimbursement shall apply in the event that a change in clothing is required for a continuous and full -time purpose. During a transition period to new uniforms, the City and existing Union members shall work together on a suitable uniform for the employee(s). The parties agree that employees under a quartermaster system shall not be reimbursed for the cost of the uniform issued to the employee. SECTION 5. "One (1) issue" of new clothing shall be based on the clothing required for the position. Records Specialist 1 jacket (lightweight) and 1 jacket (heavy weight). The City will determine the style and specifications Therefore, the primary duty attire for each position covered by this Agreement is listed below: Uniformed Personnel Service Transport Officer Evidence Technician Records Specialist (Assigned to Investigative Services Division) Non - Uniformed Personnel — Approved Business Attire Community Policing Coordinator Police Information Analyst Domestic Violence Victim Advocate Professional Standards Administrative Specialist Patrol Administrative Assistant "One (1) issue" of new clothing shall be defined as follows: tukwilausw2013Final l 1 -26 -13 10 118 Records Specialist 5 Long sleeve or 5 short sleeve shirts, or any combination thereof 4 pants 1 Lightweight Jacket 1 Heavyweight Jacket Service Transport Officer 5 Long sleeve or 5 short sleeve shirts, or any combination thereof 1 Uniform jacket 3 Pants 2 Uniform ties of matching or coordinated color 1 Uniform Jumpsuit to a maximum of $350 (upon successful completion of probation) Evidence Technician 5 Long sleeve or 5 short sleeve shirts, or any combination thereof 3 Pants (long or short) 1 Jacket ARTICLE 8 - SICK LEAVE SECTION 1. Employees shall be entitled to and awarded twenty -four (24) hours of sick leave with pay upon date of employment with the Employer and, after the completion of the third (3rd) month of continuous service, shall receive an additional eight (8) hours of sick leave with pay per month to a maximum of seven hundred twenty (720) hours. SECTION 2. Family Sick Leave. Employees shall be allowed to use sick leave or other paid leave to attend to the illness or serious health or emergency condition of immediate family members (i.e. child, registered domestic partner, spouse, parent, parent - in -law, grandparent of the employee. tukwilausw2013Final l 1 -26 -13 11 119 SECTION 3. Separation of Employment. In the event an employee terminates their employment, or such employment is terminated for any reason whatsoever with the Employer prior to using their accumulated sick leave time, they shall be entitled to pay equal to twenty -five percent (25 %) of the amount payable for any unused sick leave unless terminated during the probationary period. SECTION 4. Part-Time Employees. Sick leave benefits for regular part-time employees will be pro- rated, e.g. an employee regularly scheduled to work 30 hours per week will receive 75% of sick leave benefits by regular full -time employees, i.e. employees regularly scheduled to work 40 hours per week. SECTION 5. Employee's who achieve and maintain a balance of 720 hours of sick leave, those hours earned above the maximum accrual 720 hours (96 hours a calendar year) shall be cashed out at 25% of the total value and will be put into their individual HRA/VEBA plan account, at the employees wage rate each of the duration of the labor agreement. The United Steelworkers Bargaining group members have elected by majority vote to make a monthly contribution that will be payroll deducted from their wages on a monthly basis as follows: Plan Year December 1, 2013 — November 30, 2014 = $25.00 per month Plan Year December 1, 2014 — November 30, 2015 = $25.00 per month Plan Year December 1, 2015 — November 30, 2016 = $25.00 per month It is agreed by both parties that the Plan design in its entirety shall be reviewed as needed, but no more frequently than every three years. ARTICLE 9 - HOLIDAYS SECTION 1. Non - Essential employees as defined under Article 11 — Definitions, shall observe the legal holidays designated by the Employer as listed below in accordance with existing City policy. Holidays Listed. The following are established as holidays: January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday In September November 11 Fourth Thursday in November Fourth Friday in November December 25 tukwilausw2013FinaI11 -26 -13 120 New Year's Day Martin Luther King's Birthday President' s Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas 12 Employee's choice Floating holiday In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. Method of Payment: Unworked Holidays. Eligible employees shall receive the normal straight time pay for unworked holidays taken in addition to their scheduled days off, those designated by City ordinance, at their base rate in effect at the time the holidays occur, plus shift differential pay, if applicable. Unworked Holidays on Day Off. Employees shall receive double the normal straight time pay for unworked holidays which fall on a normally scheduled day off. Worked Holidays. Employees who are required to work on holidays in accordance with existing City policy shall receive the pay due them for the above listed holiday plus time and one -half their base rate for all hours worked on such holiday, plus shift differential, if applicable. For purposes of computing holiday pay, employees shall be paid holiday pay for the shift that begins on the holiday. To qualify for overtime pay on holidays worked, employees covered by this Agreement must have been on the payroll prior to the holiday and on pay status the normal workday before and the normal workday after the holiday. Should a holiday occur while an employee is on vacation, the employee shall be allowed to take one extra day of vacation with pay in lieu of that holiday as such, subject to the Chief of Police, or their designee's approval. SECTION 2. Part-Time Employees. Holidays for regular part -time employees will be pro- rated, e.g. an employee regularly scheduled to work 30 hours per week will receive 75% of holiday benefits received by regular full -time employees, i.e. employees regularly scheduled to work 40 hours per week. ARTICLE 10 - EDUCATION ALLOWANCE AND LONGEVITY PAY SECTION 1. Education Incentive Pay. Any employee who has completed one (1) year of service with the Tukwila Police Department and is holding an A.A. Degree or (2) years of college (ninety credit hours) toward a Bachelor's Degree in an approved field of study will be awarded an incentive pay allowance of 1% of the employee's base pay per month, which shall be adjusted by years of service with the City of Tukwila Police Department pursuant to the Education/Longevity Chart set forth in Appendix "A ", Section 2. tukwilausw2013Final l 1 -26 -13 13 121 Any employee who has completed one (1) year of service with the Tukwila Police Department and is holding a B.S. or B.A. Degree in an approved field of study will be awarded an incentive pay allowance of 2% of the employee's base pay per month, which shall be adjusted by years of service with the City of Tukwila Police Department pursuant to the Education/Longevity Chart set forth in Appendix "A ", Section 2. Any employee who has completed one (1) year of service with the Tukwila Police Department and is holding a M.S. or M.A. in an approved field of study will be awarded an incentive pay allowance of 3% of the employee's base pay per month, which shall be adjusted by years of service with the City of Tukwila Police Department pursuant to the Education/Longevity Chart set forth in Appendix "A ", Section 2. Approved fields of study: Law Enforcement Sociology Psychology Public Administration Business Administration Political Science Other work - related fields of study subject to the approval of the Chief of Police. SECTION 2. Eligible employees must complete one (1) year of service with the Tukwila Police Department before becoming eligible for any educational allowance. SECTION 3. In Service Training Agreements. Employees who are provided long- term training (in excess of four consecutive weeks) as a result of an assignment can be required, as a condition of assignment, to enter into a reimbursement agreement for,costs of specialized training. Reimbursement would be computed based upon term of agreement which shall not exceed twenty -four (24) months (i.e., 1 /24th per month on a 24- month contract). Training costs will be estimated at the time the contract is presented. Actual repayment will be based on actual or estimated costs, whichever is lower. SECTION 4. Longevity Pay Allowance. For employees not participating in the Education Incentive Plan above, the following longevity pay is available as shown in Appendix "A ", Section 2. After 5 years After 10 years After 15 years After 20 years 1% per month 2% per month 3% per month 4% per month tukwilausw2013Final l 1 -26 -13 14 122 ARTICLE 11 -DEFINITIONS Essential employee shall be defined as an employee assigned to positions that provide 24 hour, 7 day a week coverage. Non - Essential employee shall be defined as employees assigned to other work schedules. ARTICLE 12 - VACATIONS SECTION 1. The following schedule shall govern with respect to vacations. Years of Current Service Vacation Completed Hours 0 -6 mos 48 7 -12 mos 48 2 years 96 3 120 4 120 5 120 6 120 7 128 8 136 9 144 10 152 11 160 12 168 13 176 14 184 15+ years 192 SECTION 2. Annual vacation shall be subject to the following rules: A. The minimum vacation allowance to be taken by an employee shall be in one (1) hour increments, unless approved for an amount less than (1) hour. B. Vacations shall be granted at such times that are mutually agreeable to both the Employer and employee. C. Temporary or intermittent employees who leave the employment of the City and later are re- employed shall, for the purpose of this Article, commence their actual service with tukwilausw2013Final l 1 -26 -13 15 123 the date of re- employment. For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. D. Maximum hours accumulation of vacation time shall not exceed that which is equal to two (2) years total at the highest eligible rate. E. On the death of an employee in active service, pay will be allowed for any vacation not taken prior to the death of such employee. F. An employee granted an extended leave of absence, which includes the next succeeding calendar year, shall be given pro -rated vacation earned in the current year before being separated from the payroll. SECTION 3. Any City of Tukwila employee that is hired for a position covered by this Agreement will transfer their previously accrued vacation balance to their new position. SECTION 4. Part-Time Employees. Vacation leave benefits for regular part -time employees will be pro- rated, e.g. an employee scheduled to work 30 hours per week will receive 75% of vacation leave benefits received of regular full -time employees, i.e., employees regularly scheduled for 40 hours per week. ARTICLE 13 - PENSIONS Pension benefits shall be received in accordance with the Public Employees Retirement System (PERS) and the Public Safety Employees Retirement System (PSERS) as currently in effect. ARTICLE 14 - INSURANCE SECTION 1. Medical Insurance A. Medical Insurance — Except as otherwise provided in this Article, the Employer shall contribute the premiums necessary to purchase medical care insurance for all full -time employees and their dependents under the City of Tukwila's Self- Insured Medical Plan. Such coverage shall not be less than that which existed under the Association of Washington Cities Plan "A" in place October 1989; provided, however, except as agreed to through mutual agreement of the parties. B. Group Health — For employees who elect medical coverage through Group Health Cooperative, the Employer shall pay up to the maximum dollar amount contribution of the Self- Insured Plan for employee and dependent coverage. Any premium amounts in excess of the Employer's contribution shall be paid by the employee through payroll deduction. Coverage under the Group Health Plan shall be as determined by Group Health Cooperative. tukwilausw2013Fina1l1 -26 -13 16 124 C. The Employer shall continue to pay the premium cost increases for medical coverage under the Self - Insured Medical Plan up to a maximum increase of eight percent (8 %) as part of the economic package. In the event the monthly premiums increase more than the agreed upon maximum percent in a year, the Employer or the Union have the right to reopen the Agreement to negotiate changes in the Self- Insured Medical Plan benefit levels so that the increase in premium costs does not exceed the maximum increase agreed upon for that year. The Union agrees to accept reduction(s) in the maximum cap the City of Tukwila Health Care Committee adopts during the term of this Agreement (with a stop gap at 8% ). D. The Union agrees to participate on the City of Tukwila Healthcare Management Committee, if constituted. The members of the Healthcare Management Committee shall meet with City management and shall discuss and negotiate among the voting members on recommendations to the City with regard to changes in the Self - Insured Medical Plan benefit levels so that the increase in premium costs do not exceed eight percent (8 %). SECTION 2. Dental. Dental Coverage will be maintained for all employees and their dependents during the term of this Agreement under the City of Tukwila Self- Insured Dental Plan, or its replacement. All employees under this Agreement shall be required to participate. The cost for such plan will be borne on the following basis: the Employer will contribute one hundred percent (100%) of the total premium for this coverage. Such coverage shall not be less than that which exists under the AWC WDS Plan "A" in place October 1989, except as provided under Section 6. of this Article. SECTION 3. Optical Plan. Examination and eye glasses /contact lenses for all employees and dependents covered under this Agreement will be paid for by the Employer. The City shall provide coverage for eye examinations, vision, and optical care to regular full -time employees and their dependents at the rate of $200 per person, to a maximum of $400 per family unit, per year. SECTION 4. Life Insurance. The Employer shall pay one hundred percent (100 %) of the total premiums of all life insurance of the benefits of the employee covered under this Agreement. The face value of said insurance policy shall be $25,000 and shall include $25,000 dismemberment clause. SECTION 5. Disability Insurance. The Employer will pay the premiums for the Long Term Disability (LTD) benefits plan provided by the Employer for bargaining unit employees during the term of the Agreement. SECTION 6. The City retains the right to select all insurance carriers or to self- insure coverage as provided herein. SECTION 7. During the term of this Agreement, the City and the Union each reserve the right to open negotiations in the event healthcare reform legislation mandates changes tukwilausw2013FinaI11 -26 -13 17 125 unanticipated by the parties. The purpose of such negotiations shall be to reach agreement on a mutually acceptable alternative medical option(s). SECTION 8. Part-Time Employees. Insurance benefits for regular part-time employees will be pro- rated, e.g. an employee regularly scheduled to work 30 hours per week will receive 75% of insurance benefits received by regular full -time employees, i.e. employees regularly scheduled to work 40 hours per week. Section 8. "Domestic partner" — The City will extend dependent eligibility to an employee's domestic partner and their dependent children, under the City's medical plans (Self - Insured/Group Health). The City will provide benefit coverage to a domestic partner of the same or opposite sex and dependent children on the same basis as provided to a spouse and dependent children. ARTICLE 15 - DISCIPLINARY PROCEDURES SECTION 1. The Employer retains the right to adopt rules for the operation of the Tukwila Police Department and the conduct of its employees, provided that such rules do not conflict with City Ordinances, City and State Civil Service Rules and regulations as they exist or any provision of this Agreement. It is agreed that the Employer has the right to discipline, suspend or discharge any employees subject to the provisions published as Administrative Policy, City Ordinances, City and State Civil Service Rules and Regulations as they exist, and the terms of this Agreement. SECTION 2. The following procedures shall apply to all employees during the complaint and disciplinary process. A "disciplinary interview" shall mean questioning by a person in authority over an employee when the interviewer either knows or reasonably should know that the questioning concerns a matter that could lead to suspension, demotion or termination, as opposed to routine inquiries. Every employee who becomes the subject of a disciplinary interview shall be advised, in writing, a minimum of 48 hours prior to the time of the interview: That they are suspected of misconduct that could be grounds for termination, suspension or demotion; That they have the right to Union representation during the interview; and, The general scope of the interview including the nature of the investigation in sufficient detail. Any employee who becomes the subject of a criminal investigation may have legal Counsel present during all interviews. Nothing in this Agreement, however, shall be deemed a waiver of an employee's right to Union representation. A criminal tukwilausw2013FinaI11 -26 -13 18 126 investigation as used herein shall be interpreted as any action that could result in the filing of a criminal charge. In criminal matters, employees will either be ordered to answer questions or informed that they are not required to answer the Employer's questions as a condition of employment. Employees shall be informed, in writing, as to whether they are witnesses or suspects before any interview commences. The employee or Employer may request that a disciplinary interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request of the employee, the Employer shall provide an exact copy of any written statement the employee has made and a copy of the employee 's taped /transcribed interview. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all disciplinary interviews, the employee shall be afforded an opportunity and facilities to consult privately with an attorney of their own choosing, before being interviewed. Such opportunity to contact and consult privately with a private attorney shall not unduly delay the disciplinary interview. The employee shall be entitled to such reasonable intermissions, as they shall request for personal necessities, meals, telephone calls and rest periods. The employee may be represented by either a private attorney or the Union during the interview, but not both. All disciplinary interviews shall be limited in scope to activities, circumstances or events that pertain to the employee's conduct or acts that may form the factual basis for disciplinary action under one or more categories named above. The employee will not be threatened with dismissal or other disciplinary punishment in an attempt to obtain their resignation, nor shall they be subjected to abusive or offensive language or intimidation in any manner. No promises or rewards shall be made as an inducement to answer questions. No employee shall be required to unwillingly submit to a polygraph test. The investigation shall be completed in a reasonable amount of time in light of the circumstances and the discipline shall be imposed within a reasonable amount of time after the conclusion of the interview Should any section, sub - section, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. tukwilausw2013FinaI11 -26 -13 19 127 ARTICLE 16 - MANAGEMENT RIGHTS SECTION 1. The Union recognizes the prerogatives of the Employer to operate and manage its affairs in accordance with its responsibilities and powers of authority. SECTION 2. The Employer has the right to schedule overtime work as required in a manner most advantageous to the Department and consistent with requirements of municipal employment and the public safety. SECTION 3. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. SECTION 4. The Employer reserves the right to discharge or discipline an employee for just cause. The Employer reserves the right to lay off personnel for lack of work or funds, or for the occurrence of conditions beyond the control of the Employer, or when such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedules of work and to establish the methods and processes by which such work is performed in accordance with Article IV of this Agreement. Should the City decide that it is necessary to make changes in the normal work schedule (5/2, 4/10, 9/80), the City will submit the proposed change and reasons therefore to the local Union prior to the implementation of such change. The Union committee will not arbitrarily object to such change. In the event the City implements the schedule change over the objection of the Union committee and employees affected, the Union shall retain the right to submit its objections and reasons therefore to the Grievance Procedure, Article 17, as to the necessity for such change. SECTION 5. No polices or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City Officials as defined in the following: The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and the City, passing upon Ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. The responsibility of the City Council for the enactment of Ordinances, the appropriation of monies and final determination of employee's compensation. The responsibility of the Civil Service Commission, as provided by ordinance, for establishing rules, certifying registers and the reviewing of appointments in the police service. tukwilausw2013FinaI11 -26 -13 20 128 The responsibility of the Chief of Police and their delegates governed by Ordinance, Civil Service rules and Departmental rules, and as provided for in this Agreement, as follows: To recruit, assign, provide training, transfer, or promote members to positions within the Department. To take disciplinary action against members for just cause. To relieve members from duties because of lack of work, lack of funds or for disciplinary reasons. To determine methods, means, and personnel necessary for Tukwila Police Department operations. To control the Tukwila Police Department budget. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the Tukwila Police Department. ARTICLE 17 - GRIEVANCE PROCEDURE A "grievance" means a claim or dispute by an employee with respect to the interpretation or application of the provisions of this Agreement. It is specifically understood that any matters governed by Civil Service Rules or statutory provisions shall not be considered grievances and subject to the grievance procedure hereinafter set forth (except Union security provisions, which shall be governed by Article 20). Issues of interpretation or application of the provisions of this Agreement not appealable to the Civil Service Commission shall be processed through the grievance procedure and shall constitute a waiver of the right to address the same issue in any other forum. PRE - GRIEVANCE PROCEDURE Step 1: An employee or Steelworkers must present a grievance in sufficient detail as to identify the claim or dispute within (10) working days of its alleged occurrence (or knowledge of the event giving rise to the grievance) to the employee's supervisor who shall attempt to resolve it within five (5) working days after it is presented to the Supervisor. Step 2: If the employee is not satisfied with the solution of their immediate supervisor, then within ten (10) working days they may request that their complaint be forwarded up the chain of command for a solution and that the employee shall receive an answer to their complaint within ten (10) working days. Step 3: If the Employee is not satisfied with the solution, then they may, within ten (10) working days, present their complaint to their Union grievance committee who tukwilausw2013Finall 1 -26 -13 21 129 shall review the complaint and decide whether the complaint will be drafted into a formal written grievance. FORMAL GRIEVANCE PROCEDURE Step 1: Upon receiving an employee's grievance complaint and deciding that a formal written grievance will be drafted, the grievance committee shall present a written grievance to the Chief of Police within ten (10) working days of receipt of the employee's complaint. The grievance shall include section(s) of the Agreement allegedly violated, facts of the case, and remedy sought. The Chief of Police shall attempt to resolve the grievance within ten (10) working days after it is presented to them. Step 2: If the employee is not satisfied with the solution by the Chief of Police, the written grievance, along with all other pertinent materials, may be presented to the Mayor or their designee by the Union President or their designee within ten (10) working days. The Mayor or their designee shall attempt to resolve the grievance within ten (10) working days after it is presented to them. Step 3: If the grievance is not resolved by the Mayor, or their designee, and the Union desires to proceed further, the grievance shall be referred to arbitration. In any case, the Union shall notify the City, in writing, within fifteen (15) working days after receiving the Mayor' s answer whether the Union desires to proceed further. Any appeal of a grievance to arbitration not made in writing by the Union within fifteen (15) working days after the Mayor's, or their designee's answer shall be considered resolved. Step 4: In the event that arbitration is invoked, and if within five (5) calendar days the Employer and the Union cannot mutually agree upon an arbitrator, then the parties will choose from the following list of individuals who are qualified to act as arbitrators and the parties hereto shall mutually agree upon one (1) arbitrator for the dispute. Michael Cavanaugh Alan Krebs Jane Wilkinson Joe Duffy Philip Kienast In the event one or more of the listed arbitrators are unable to serve, the parties will meet to select a mutually acceptable replacement. If the parties cannot agree on the selection of a single arbitrator from the names listed above, then each party shall strike from that list one (1) name until there is only one (1) name remaining on the list, and this individual shall constitute the arbitrator. It shall be the function of the arbitrator to hold a hearing at which the parties may submit their cases concerning the grievance. The arbitrator shall render their decision based on tukwilausw2013Finall 1 -26 -13 22 130 the interpretation and application of the provisions of the Agreement within thirty (30) calendar days after such hearing. The decision shall be in writing together with specific facts. The decision shall be final and binding upon the parties to the grievance. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the provisions of this Agreement. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator's decision shall be final and binding upon the parties to the grievance. The City, the Union and any bargaining unit member shall not have a right to bypass the arbitration provisions of this Agreement and resort to litigation or any other forum to appeal a grievance based on rights under this Agreement. Expenses incurred by the arbitrator shall be paid equally by both parties. Otherwise, each party shall be responsible for paying any costs of presenting its own case, including attorneys' fees and witnesses. Neither the arbitrator nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or change any of the present provisions of this Agreement. The City of Tukwila and the Union agree that employment shall be consistent with applicable State and Federal laws regarding discrimination. If a grievance is not presented by the employee or the Union within the time limits set forth above, it shall be considered "waived" and not be further pursued by the employee or the Union. Time limits may be extended by mutual agreement of both parties. The party requiring additional time shall specify in writing the extension period needed. If a grievance is not appealed to the next step within the specific time limit or any agreed upon extension thereof, it shall be considered settled on the basis of the City's last answer. If the City does not answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee and/or Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The term "employee" for the purpose of this Article may mean the employee accompanied by their Union representative if they so desire. NOTE: For the purpose of this Article, "working days" refers to Monday through Friday, excluding holidays. Litigation or any other contest of any subject matter involving an employee or the Union in any court or other available forum shall constitute an election of remedies and a waiver of the right to arbitrate the matter. tukwilausw2013Finall 1 -26 -13 23 131 ARTICLE 18 - NO STRIKE AND NO LOCKOUT SECTION 1. No Strike. During the life of this Agreement, neither the Union nor any officer, agent, or employee will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, or "sick - outs." SECTION 2. No Lockout. During the term of this Agreement, the City will not insti- gate a lockout over a dispute with the Union so long as there is no breach of Section 1. SECTION 3. Union Official Responsibility. Each employee who holds the position of officer or steward or committeeman of the local Union occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. In the event of a violation of Section 1 of this Article, the Union agrees to inform its members of their obligations under this Agreement, and to direct them to return to work. ARTICLE 19 - LEAVES SECTION 1. Discretionary Leaves. The City may, at its discretion, grant a leave of absence under this subsection, except for illness, injury, or pregnancy, to any bargaining unit employee for good and sufficient reason. The City shall, at its discretion, set the terms and conditions of the leave, including whether or not the leave is to be with pay. SECTION 2. Military Leave. Military leave shall be granted in accordance with applicable law. SECTION 3. Jury Leave. Full -time employees covered by this Agreement who are required to serve on a jury shall sign their jury duty checks over to the City. The City shall compensate such employees at their regular rate of pay, for each hour actually spent on jury duty up to the number of hours regularly scheduled on that work day. SECTION 4. Funeral Leave. An employee who has a member of his/her immediate family taken by death or who has been notified by a physician in attendance of imminent death may request to use up to fifty -six hours of leave of absence with pay. Immediate family shall be defined as: spouse, registered domestic partner, mother, father, mother - in -law, father -in law, children (including registered domestic partner's children in compliance with City Policy & Procedure #02- 02 -14), brother, sister, son -in -law, daughter -in -law, brother -in -law, sister -in -law, grandparents, and grandchildren and any person acting in the capacity of a parent to the employee as a child (applying "in loco parentis" doctrine). SECTION 5. Employment Elsewhere. A leave of absence will not be granted to enable an employee to try for or accept employment elsewhere or for self - employment without the expressed written consent of the Chief of Police. tukwilausw2013FinaI11 -26 -13 24 132 SECTION 6. Part -Time Employees. Leaves benefits for regular part-time employees will be pro- rated, e.g. an employee regularly scheduled to work 30 hours per week will receive 75% of leaves benefits received by regular full -time employees, i.e. employees regularly scheduled to work 40 hours per week. ARTICLE 20 - SAVINGS CLAUSE SECTION 1. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the reminder of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutual satisfactory replacement of such article. SECTION 2. If any provisions of this Agreement are found by a court of competent jurisdiction to be in conflict with current Civil Service Rules and regulations, the letter shall prevail except in Union security provisions, in which case, the provisions of Article 20 shall prevail. The Employer agrees that in the event that any provision of Civil Service Rules and Regulations are suspended, abolished or modified, collective bargaining shall proceed immediately with respect to any items what as a result of such change may come within the discretion of the Employer, and the results of such bargaining shall be made a part of this Agreement. ARTICLE 21- ENTIRE AGREEMENT SECTION 1. The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and no oral statement shall add to or supercede any of its provisions. SECTION 2. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the Employer and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. tukwilausw2013Finall 1 -26 -13 25 133 ARTICLE 22 - SAFETY The Union and the City agree that the physical fitness of Union members is important to their health and safety. The City and the Union will both support and encourage employees to be physically active and to be involved in a personal program of regular exercise. ARTICLE 23 DURATION OF AGREEMENT Unless otherwise provided herein, this Agreement shall become effective on January 1, 2014. It shall remain in force until December 31, 2016. When there is a conflict between any collective bargaining agreement reached by an employer and a bargaining representative on a Union security provision and any charter, ordinance, rule or regulation adopted by the public employer or its agents, including but not limited to a civil service commission, the terms of the collective bargaining Agreement shall prevail. CITY OF TUKWILA UNITED STEEL, PAPER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INT'L UNION Jim Haggerton, Mayor Int'l President Int'l Sec - Treas. Intl VP (Administration) Int'l VP (Human Affairs) Director — Dist. 12 Subdirector Unit Chair Negotiating Committee tukwilausw2013Finall 1 -26 -13 26 134 WAGE SCHEDULE A POLICE NON - COMMISSIONED AGREEMENT UNITED STEELWORKERS AND THE CITY OF TUKWILA SECTION 2.1 — 2014 Wages The current Wage Schedule shall be extended through 2014 and all active employees as of 10/22/13 shall receive a $700 lump sum payment (pro -rated based on the completed months of active employment in 2013). Wage Steps 2014 Hourly Records /Probation 00 -12 mo 3796 21.90 Records Specialist 111 13-24 mo 3980 22.96 RecordsSpecialistll 25 -36 mo 4177 24.10 Records Specialist I 37 -60 mo 4379 25.26 Records Specialist 61+ mo 4695 27.09 STO /Probation 00 -12 mo 4411 25.45 STO III 13 -24 mo 4635 26.74 STO ii 25 -36 mo 4866 28.07 STO I 37 -60 mo 5108 29.47 STO 61+ mo 5240 30.23 Evid/Tech Probation 00 -12 mo 4411 25.45 Evid/Tech III 13 -24 mo 4635 26.74 Evid/Tech II 25 -36 mo 4866 28.07 Evid/Tech I 37 -60 mo 5108 29.47 Evid/Tech 61+ mo 5301 30.58 Community Policing 00 -12 mo 5659 32.65 CPC 111 13 -24 mo 5939 34.26 CPC II 25 -36 mo 6236 35.98 CPC 1 37+ mo 6549 37.78 Police Information 00 -12 mo 5000 28.85 PIA III 13 -24 mo 5138 29.64 PIAII 25 -36 mo 5513 31.81 PIA I 37+ mo 6146 35.46 tukwilausw2013Finall 1 -26 -13 27 135 Wage Steps 2014 Hourly DVAdvocate /Prob 00 -12 mo 4453 25.69 DV Advocate III 13 -24 mo 4676 26.98 DV Advocate I I 25 -36 mo 4911 28.33 DV Advocate 1 37 -60 mo 5155 29.74 DV Advocate 61+ mo 5528 31.89 Patrol Admin Assistant 00 -12 mo 3843 22.17 PAA III 13 -24 mo 4035 23.28 PAA II 25 -36 mo 4237 24.44 PAA I 37 -60 mo 4449 25.67 PAA 61+ mo 4700 27.12 Effective January 1, 2014, the Professional Standards Admin Specialist shall receive a market adjustment of 2.0 %, in which case the wage schedule shall be adjusted as follows: Wage Steps 2014 Hourly Professional Standards Admin Specialist 00 -12 mo 4195 24.20 PSAS III 13 -24 mo 4405 25.42 PSAS 11 25 -36 mo 4626 26.68 PSAS 1 37 -60 mo 4856 28.02 PSAS 61+ mo 5099 29.42 SECTION 2.2 - 2015 Wages The above wage schedule set forth in Section 2.1 above shall be adjusted across -the- board by 2.0 %. Wage Steps 2015 Hourly Records /Probation 00 -12 mo 3872 22.34 Records Specialist 11] 13 -24 mo 4060 23.42 Records Specialist 11 25 -36 mo 4261 24.58 Records Specialist 1 37 -60 mo 4467 25.77 Records Specialist 61+ mo 4789 27.63 STO /Probation 00 -12 mo 4499 25.96 STO III 13 -24 mo 4728 27.27 STO ii 25 -36 mo 4963 28.63 STO I 37 -60 mo 5210 30.06 STO 61+ mo 5345 30.83 Evid/Tech Probation 00 -12 mo 4499 25.96 Evid/Tech III 13 -24 mo 4728 27.27 Evid/Tech 11 25 -36 mo 4963 28.63 Evid/Tech 1 37 -60 mo 5210 30.06 Evid/Tech 61+ mo 5407 31.19 Community Policing 00 -12 mo 5772 33.30 CPC III 13 -24 mo 6058 34.95 CPC II 25 -36 mo 6361 36.70 CPC 1 37+ mo 6680 38.54 tukwilausw2013FinaI11 -26 -13 28 136 Wage Steps 0 -1 Year 2015 Hourly 3 Years 5 Years 10 Years 15 Years Police Information 00 -12 mo 5100 29.43 PIA III 13 -24 mo 5241 30.23 PIAII 25 -36 mo 5623 32.45 PIA I 37+ mo 6269 36.17 3% 4% 4% BA/BS DV Advocate /Prob 00 -12 mo 4542 26.20 DV Advocate III 13 -24 mo 4770 27.52 DV Advocate II 25 -36 mo 5009 28.90 DV Advocate I 37 -60 mo 5258 30.33 DV Advocate 61+ mo 5639 32.53 Professional Standards Admin Specialist 00 -12 mo 4279 24.68 PSAS III 13 -24 mo 4493 25.93 PSAS II 25 -36 mo 4719 27.21 PSAS I 37 -60 mo 4953 28.58 PSAS 61+ mo 5201 30.01 Patrol Admin Assistant 00 -12 mo 3920 22.61 PAA III 13 -24 mo 4116 23.75 PAA II 25 -36 mo 4322 24.93 PAA I 37 -60 mo 4538 26.18 PAA 61+ mo 4794 27.66 SECTION 2.2 — 2016 Wages The 2015 wage schedule set forth in Section 2.2 above shall be adjusted across - the -board by 90% of the Seattle- Tacoma - Bremerton CPI -W (June), effective January 1, 2016. Provided, this calculation shall not result in a negative wage adjustment. For example, if the CPI -W (June) for the above period increases by 2.0 %, the wage schedule shall be adjusted by 90% of 2.0% = 1.8 %. SECTION 2. Education Incentive/Longevity Pay Chart Reference Article 10. The above chart shows agreed upon matrix. The shaded boxes reflect changes from the 2006 -08 contract. tukwilausw2013Final l 1 -26 -13 29 137 0 -1 Year 1 Year 2 years 3 Years 5 Years 10 Years 15 Years 20 Years No Degree 0 0 0 0 1% 2% 3% 4% AA/AS 0 1% 1% 1% 2% 3% 4% 4% BA/BS 0 2% 2% 2% 3% 4% 4% 4% MA 0 3% 3% 3% 4% 4% 4% 4% The above chart shows agreed upon matrix. The shaded boxes reflect changes from the 2006 -08 contract. tukwilausw2013Final l 1 -26 -13 29 137 APPENDIX A (TA'd) 9/10/13 UNITED STEELWORKERS AND THE CITY OF TUKWILA The purpose of Appendix "A" is to set forth the conditions for employees who work an alternative work schedule (e.g., 4/10 or 9/80). PAID LEAVE: Employees assigned to an alternative schedule shall accrue vacation and sick leave benefits at 8 hours per month. OVERTIME Employees assigned to an alternative schedule shall be paid at the rate of time and one - half (1.5) their regular rate of pay for hours worked in excess of their regularly assigned schedule, provided at the beginning of the 13th hour of continuous work, the employee shall be paid at the rate of two (2) times their regular rate of pay. Holidays: Holidays — Regularly Scheduled Work Day —When a holiday is observed on the employee 's regularly scheduled work day, and the employee is given the day off, the employee will be paid for eight (8) hours of Holiday Pay and use two hours of comp time or vacation time when working a 4 -10 schedule. Holidays — Regularly Scheduled Day Off —When a holiday is observed on the employee's regularly scheduled day off, the employee shall be paid eight (8) hours of Holiday Straight Time. Holidays —Full Work Day —When a holiday is observed on the employee's regularly scheduled work day, and the employee works the entire shift, the employee shall be paid Holiday Overtime for all regular hours worked. Holidays— Partial Work Day —When a holiday is observed on the employee's regularly scheduled work day, and the employee works a partial day, the employee shall be paid Holiday Overtime for the hours worked and the remaining hours will be listed as Holiday Pay hours. This APPENDIX A shall take effect upon the signature of parties representing the City and the Union. tukwilausw2013TA 'dtodatel1 -26 -13 (RM) 138 Agreed to this day of , 2013 . CITY OF TUKWILA UNITED STEELWORKERS LOCAL NO. 9241 Chief of Police USW Local Unit Chair Director Staff Representative USW District 12 tukwilausw2013TA 'dtodatel1 -26 -13 (RM) 139 140 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN (TA'd) 9/10/13 UNITED STEELWORKERS AND THE CITY OF TUKWILA This MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA, hereinafter referred to as the City, and the UNITED STEELWORKERS, hereinafter referred to as the Union. The City and the Union have agreed to shift assignment based on seniority. The parties agree to the following: Definitions: "Seniority" shall be established based on each regular employee's most recent date of hire as a Records Specialist . Employees hired on the same day shall be ranked by their placement on the Civil Service eligibility list. "Probationary Employee" is an employee who has not yet completed their probation. This includes any Employee whose probation has been extended due to performance issues or missed work. Probationary Employees will not participate in the shift bidding process but will be assigned to a shift by the Records Supervisor. "Shift Assignment Period" There shall be three shift assignment periods per calendar year. They will be February 1st through May 31st, June 1st through September 30th and October 1st through January 31st_ "Seniority Bid" The assignment of shifts for the periods beginning on June 1st and on October 1st of each year shall be based on the seniority of each Employee, with preference given to those with the most seniority. "Reverse Bid" The assignment of shifts for the period beginning on February 1st of each year shall be based on the seniority of each Employee, with preference given to those with the Least seniority. "Shift Assignment Responsibility" The Records Supervisor will be responsible for managing the shift bidding and assignment procedure, under the direction of the Police Records Manager. tukwilausw2013Finall 1 -26 -13 141 Bidding Procedure: The time frame for shift bidding for an upcoming cycle shall be determined and announce by the City, and allow for sufficient lead time to accommodate training demands, employee vacation and personal commitment planning, and budgetary considerations. It is generally agreed that new Shift Assignments should be posted one month prior to the transition to the new Shift Assignment Period. The Records Supervisor will advise all Employees of the date that the bid process will open for the upcoming Shift Assignment Period, and will prepare a list of open shifts. During the Seniority Bid terms, the Records Specialist with the most seniority will have first choice of the available shifts, and will indicate their shift bid by singing their name in the open slot. The process of bidding will continue, by seniority, until the Records Specialist with the least seniority makes their selection. During the Reverse Bid term, the Records Specialist with the least seniority will start the bidding process. The process of bidding will continue, by reverse seniority, until the Records Specialist with the most seniority makes their selection. Shift bids will be made in writing on a department approved shift list. Shift bidding by proxy will be allowed as long as the bidding employee has submitted in advance, a signed memo to the Records Supervisor listing their bid preference in order. Each Employee is responsible for submitting their shift bid within the designated time frame. Late submissions will not be honored, and any employee who does not submit their bid within the assigned time frame will be assigned a shift. Eligibility for shift bidding will be limited to Employees assigned, or who have been notified that they will be assigned to the front office at the beginning of the Shift Assignment Period. Probationary Employees are excluded from shift bidding. Mutually agreed upon shift assignment exchanges are disruptive to the unit. Any two Employees who negotiate a mutually agreed upon exchange in their shift assignments may do so with the approval of the Police Records Manager, as long as no other Employee was displaced from their shift bid preference by either of the Employees who wish to exchange shifts. Voluntary shift exchanges shall not result in any adverse scheduling, shift coverage, or overtime. Assignment of Shifts: The Records Supervisor will identify the shift assignments for each eligible Employee, based on bidding preference and seniority. The Police Records Manager will review and approve the assignments prior to final posting. Management Assignment Rights: Pursuant to Article 16, Section 4, the movement of Employees may be necessary due to the reassignment of Employees to and from other assignments, unexpected absences of significant duration, and/or for purposes of resolving operational or administrative tukwilausw2013Finall1 -26 -13 142 concerns. Should a position vacancy occur, the City will determine which shift, if any will remain unfilled. The Records Supervisor may, at management discretion, be exempt from the shift bid, due to their administrative responsibilities. Employees who are assigned to the Front Office after the close of shift bidding will be assigned to shifts at the discretion of the City. The City maintains the management right to shift assignment for Probationary Employees. This includes the possibility that a non - probationary Employee may not be assigned to a shift of their preference, which is filled instead by a Probationary Employee. The City shall have the discretion to reassign an Employee to another shift assignment when, in the judgment of the City, the Employee's conduct, performance, productivity and/or needed supervision dictate such assignment is in the best interests of the Tukwila Police Department. Involuntary movement shall not occur without cause and shall be subject to the grievance process. The City maintains the right to assign an Employee to a specific shift or one of several specific shifts in order to comply with current labor law to make a reasonable accommodation under the American with Disabilities Act (ADA). Exemptions for Emergencies: Pursuant to Article 16, Section 5, during the time of emergency, unusual occurrences, civil disorder or natural disaster, the provisions of this Agreement may be suspended by the City, and Employees may be assigned to duty without regard to Seniority. Seniority provisions will be restored as soon as reasonably possible. Duration: Nothing in the Agreement shall limit the City's Management Rights as spelled out in Article 16 of the current labor contract. The City retains the right to determine a schedule that will provide an adequate and efficient work force at all times. Should any term or condition of this Agreement conflict with the terms and conditions of the current Labor Agreement between the City and the Union, the contact shall prevail. Either party may opt out of the Memorandum of Understanding with thirty (30) days written notice to the other party. In the event either party opts out of the seniority bid process, the Employees will remain on their current shits until the next Shift Assignment Period, at which time they will be rotated in a manner agreed upon by both parties. tukwilausw2013Finall 1 -26 -13 143 This Memorandum of Understanding shall take effect upon the signature of parties representing the City and the Union. Agreed to this day of , 2013 . CITY OF TUKWILA UNITED STEELWORKERS LOCAL NO. 9241 Chief of Police USW Local Unit Chair Director Staff Representative USW District 12 tukwilausw2013TAdtodatel1 -26 -13 (RM) 144 COUNCIL AGENDA SYNOPSIS Meeting Dale Prepared by Ma r's review Council rerieN 12/09/13 DC // fi h .., ,, Resolution /1,11.g Dale Ordinance AN Date I I Bi d Award ,AligDate Public Hearing Aft Dale 1 I Other illigDale AligDale SPONSOR Council Mayor HR _ DCD 1 1 Pi nanie 1 1 Fire IT — PYR Police 1)117 SP ONSOR' S Consideration and approval of an Interlocal Agreement for support services for the Tukwila SUMA\ RY Pool MPD. Ri ;\/11:\x/I,;D BY COW Mtg. 1 1 CA&P Cmte Utilities Cmte Arts Comm. DATE: 12/3/13 r1 F&S Cmtc ITEM INFORMATION ITEM No. 3.G. & Spec 3.F. 145 STAII SPONSOR: DAVID CLINE ORIGINAL AGENDA DA'1E: 12/9/13 AGENDA ITEM TITLE An Interlocal Agreement with the Tukwila Metropolitan Park District (MPD) CAT] c,()Ry Dilccussion ilii:gpale 12/9/13 Motion 12/9/13 Resolution /1,11.g Dale Ordinance AN Date I I Bi d Award ,AligDate Public Hearing Aft Dale 1 I Other illigDale AligDale SPONSOR Council Mayor HR _ DCD 1 1 Pi nanie 1 1 Fire IT — PYR Police 1)117 SP ONSOR' S Consideration and approval of an Interlocal Agreement for support services for the Tukwila SUMA\ RY Pool MPD. Ri ;\/11:\x/I,;D BY COW Mtg. 1 1 CA&P Cmte Utilities Cmte Arts Comm. DATE: 12/3/13 r1 F&S Cmtc 1 1 Transportation Cmte Comm. Planning Comm. CI-LAIR: ROBERTSON 1 1 Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. CommyriEF, Mayor's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Ex1i:NDITuRERKQuIltr:1) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/9/13 MTG. DATE ATTACHMENTS 12/9/13 Informational Memorandum dated 12/4/13 (updated after FS meeting) Interlocal Agreement with attachments Minutes from the Finance and Safety Committee meeting on 12/3/13 145 146 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator DATE: December 4, 2013 SUBJECT: Interlocal Agreement for Pool Operations and Support Services (Revised by FS on 12 -3 -13; Changes shown in strike - through format) ISSUE The Interlocal Agreement for Support Services between the Tukwila Pool Metropolitan Park District (MPD) and the City of Tukwila (City) expires December 31, 2013. FINANCIAL IMPACT The current agreement has a fixed cost of $7,500 per month. There arcThe two options- option being presented for a new agreement; each option assumes costs will decrease to approximately $6,600 per month, mainly due to stabilizing support services. This $6,600 was originally based on the actual costs seen in May and June 2013. The new agreement (Attachment A) provides 1) Pool Operations and support services specific to pool operations; and 2) MPD Board support services specific to District operations. All of these services will be charged on an hourly basis, which will allow the City to recover all costs incurred for providing services and allow to the MPD Board more control over these expenses. The Pool Operations scope of work portion of the agreement (Exhibit 1) maintains the current staffing and programming model necessary to operate the pool; the MPD support services scope of work (Exhibit 2) provides MPD Board support services to operate the District. BACKGROUND The MPD and the City have extended the current Interlocal Agreement three times: September 14, 2011: MPD entered into an Interlocal Agreement with the City of Tukwila to provide support services. November 21, 2011: MPD signed Addendum No. 1, extending the Interlocal Agreement through January 15, 2013. January 7, 2013: MPD signed addendum No. 3 extending the agreement through July 15, 2013. April 29, 2013: MPD signed addendum No. 4 extending the agreement through December 31, 2013. The City of Tukwila is supportive of the Board's efforts to create a community pool and has appreciated being a full partner with the MPD Board as it implements its Vision - "To Provide a Sustainable and Efficient Pool that Exceeds the Community's Needs." There are many joint successes that we share, along with our community partners, in insuring that the pool remains financially sustainable and a community asset. W:t2013 Info Memos- CounciNLA - CITY MPD Pool Operations and Support Services Memo 11 26 2013 rs dcFINAL.docx 147 148 INFORMATIONAL MEMO ILA — CITY & MPD Pool Operations & Support Services Page 2 — November 26, 2013 The City recognizes that the last two years have been a difficult time for some as the MPD, City, and community create a new model for managing and operating the pool. The City agrees with the Administrative and Program Assessment report completed by KJ Design (KJ Design Report), the report states: "One of our assessment findings should be stated up front. There is a great amount of support in the community given that the various groups want to see the pool excel and be successful." (pg. 6) The City is very supportive of this pool and wants to provide options for the MPD Board as it moves forward on how best to provide these services to the community. DISCUSSION The Interlocal Agreement (Attachment A) reflects updates to the previous agreement originally agreed upon by each party in 2011. The services in this agreement provide more details and hold the City more accountable. It also allows the MPD Board and the community to understand the full range of services the City currently provides to the MPD. Attachment B provides an overview of the scope of services offered by breaking down Exhibits 1 and 2 of the agreement. On the expenses side, it moves to a direct cost for services rather than the fixed rate model utilized in the previous agreement. This change will allow the City and the MPD Board to better manage costs in the future. ,-The agreement presented is a two -year agreement, the agreement will provide stability to pool operations and allow time to implement recommendations from the KJ Design Report. The two options presented are based upon public conversations of the MPD Board, the City Council, the Mayor, and the KJ Design Report. Excerpts from this report are attached for the City Council's review in Attachment C. Excerpts are from the following sections, "Cost Review to Privatize Services for Current Support Services," and "Metropolitan Parks District Model of Governance Comparison," which evaluates operations of public, non - profit, and for - profit providers. T• yearagreement: The two -year agreement is based on the recommendation from the KJ Design Report. The agreement allows for stability of current services and provides the MPD Board, the community, and City staff, who provide these services, time to implement many of the recommendations contained within report. As stated in the KJ Design Report, "Overall, the Tukwila Pool is very well operated and programmed, but has room to grow." (pg. 17) "Given the City's decade of experience operating the pool and the associated support services being provided, the task of privatizing all of the support services is unrealistic. The City provides a unified government approach with combined services. Multiple private firms providing support services may not understand the big picture including the requirements that City services are already aware of, like public disclosure and public records requests." (pg. 49) In reviewing alternative providers of services, the report states, "We do not know of a single commercial firm that we would highly recommend as a pool operator in this region." (pg. 56) At the end of the report, the consultants recommend, "It is imperative that the City Parks and Recreation department have at least 2 years to implement our suggestions, specifically marketing and advertising the facility." (pg. 61) WA2013 Info Memos-CouncihLA - CITY MPD Pod Operations and Support Services Memo 1126 2013 rs dcFINALdocx INFORMATIONAL MEMO ILA — CITY & MPD Pool Operations & Support Services Page 3 — November 26, 2013 At the MPD Board Meeting on November 18, the Board requested that the MPD Attorney Brian Snure review the agreement and provide his comments. Also, some MPD Board members offered to provide comments and changes to the agreement prior to final adoption. These comments and changes are expected to be incorporated into the discussion at the Council of the Whole meeting on December 9. Review of Costs for Agreement Attachment D graphically shows the cost associated with the Support Services contract for 2012 and 2013. When the 2014 budget was established in June, it was believed that the support services effort and the associated costs would continue to trend down and balance the costs for the year at an average cost of $7,500 per month. An average cost for May and June 2013 was used to establish the 2014 recommended budget of $6,600 per month. However, the decreased support trend was not sustained with the additional work effort needed to prepare for the Board meetings. The new contract is set up to provide a consistent level and support for pool operations with an additional scope for MPD support that can be provided as agreed upon between the City and the MPD. This arrangement will allow for better time management for the City and cost control for the MPD. It is the City's expectations that with the MPD Board hiring an Executive Director to fulfill many of these administrative functions, that the City's costs will significantly decrease. For example, the City is assuming that City staff will not be necessary to attend all of the MPD Board regular meetings. RECOMMENDATION provide direction. A final agreement will need to be moved to the Council of the Whole and -to insure that there is no break in services to the MPD. Based on discussion at the Finance and Safety Committee meeting, the recommendation is to approve the attached Interlocal Agreement, that has been edited and approved by both the City and MPD attorneys. ATTACHMENTS A. Interlocal Agreement B. Scope of Services Overview C. Excerpts from KJ Design Report D. Summary of Costs for 2012 -2013 W:12013 Info Memos- CounciNLA - CITY MPD Pod Operations and Support Services Memo 11 20 2013 rs d±FINAL.doc 2013 Ft dc.doee 149 150 Attachment A INTERLOCAL AGREEMENT FOR SUPPORT SERVICES BETWEEN THE CITY OF TUKWILA AND THE TUKWILA POOL METROPOLITAN PARK DISTRICT In accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Tukwila ( "Tukwila ") and the Tukwila Pool Metropolitan Park District ( "TPMPD "), both of whom are Washington municipal corporations, hereby enter into the following agreement: I. RECITALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPMPD recognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support services to facilitate the operation of TPMPD and the City of Tukwila Pool: II. AGREEMENT 1. Term of Agreement and Renewal. 1.1 Term. This Agreement shall be valid from the Effective Date set forth in Section 4.1 of this Agreement until January 1, 2016. 1.2 Renewal. This Agreement may be renewed only by written agreement of both Parties. 2. Scope of Work. 2.1 Pool Operations Scope of Work. Duties shall be performed by the incumbent identified by job title(s), however the City Administrator may delegate responsibilities based on staff availability and organization needs. Tukwila shall perform the duties described in "Exhibit 1" for the TPMPD. 2.2 Pool Staff and Management. The cost of pool staff and management salaries and benefits are not included in this agreement. The cost of pool staff and management salaries and benefits shall be billed separately to the TPMPD. The positions of Aquatics Program Coordinator, Aquatics Program Specialist, and Extra Labor comprise pool staff and management. 2.3 Support Services Scope of Work. Duties shall be performed primarily by the incumbent identified by job title, however, the City Administrator may delegate ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs rtoc.docx 151 responsibilities based on staff availability and organizational needs. Tukwila shall perform duties described in "Exhibit 2" as needed and requested by the Board President or his or her designee. 2.4 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support services based on the hourly wages and benefits of City staff and their time spent providing support services, plus 10% for overhead expenses. Support Services will cost approximately $6,600 per month; however nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. 2.5 Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for support services provided to TPMPD outlining the nature of the services provided, the hours of service provided, the hourly rate applicable to such services and the expenses incurred no later than 15 business days after the end of each month. Payment shall be due from TPMPD 30 days from the date of invoice and made payable to the City of Tukwila. 2.6 Employees. All City employees who provide the TMPD the services called for In this Agreement shall be employees of the City, and not employees of the TMPD. Except as provided in this Agreement, the employees of the City who are performing the services called for in this Agreement shall not be entitled to any benefit from the TMPD. The City shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Agreement. The City shall be solely responsible for all compensation, benefits and insurance for its employees. The TPMPD agrees to adopt and enforce the City's policies and procedures related to employee safety, pool behavior and workplace harassment. 2.7 Records. All records relating to the provision of the services called for in this Agreement shall be considered records of the TMPD, and shall be retained in accordance with the records retention requirements of the TMPD; provided, the City may retain copies of any records that it must retain to comply with its own retention requirements or other applicable laws. 3. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs doc.docx 152 [ -2 -] 3.1 Insurance. Each party shall carry and maintain, for the duration of this Agreement property and liability insurance coverage for all operations, facilities, equipment, and personnel, including liability, at not less that the amount and coverage's as existing on the date of this Agreement in a form and with a company acceptable to the other party. 4. General Provisions. 4.1 Effective Date. This Agreement shall be effective upon ratification by each Party's governing body and execution by TPMPD's Board President and the Mayor of Tukwila. 4.2 Amendment. This Agreement may be amended only upon the consent of both Parties. Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was originally adopted. 4.3 Waiver. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 4.4 Severability. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby. 4.5 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 4.6 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or signed in counterparts. 4.7 Notices. Any notice to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested, or by personal service to the following: For Tukwila: For TPMPD: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs doc.docx President TPMPD 6200 Southcenter Blvd. Tukwila, WA 98188 [- 3 -] 153 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA TUKWILA POOL METROPOLITAN PARK DISTRICT By: By: Jim Haggerton, Mayor Title: Board President Dated: Dated: Attest: Attest: Christy O'Flaherty, City Clerk Title: Clerk of the Board Approved as to Form: Approved as to Form: Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TPMPD Attachment: Exhibit 1: Pool Operations Scope of Work Exhibit 2: Support Service Scope of Work ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs doc.docx 154 [ -4 -] Exhibit 1 Tukwila Metropolitan Park District Pool Operations Scope of Work The following details duties which are performed by City of Tukwila staff to ensure safe operations and programming at the Tukwila Pool. Y1I!ITT7SWT fit ^.4*' WA° tleviftipt 1st* lilrSAh tkt YVAN; MK" ittm`t 4 405140:4W,C141 ) 4:1"14h 4.241 Pool Program Operations. These services are billed to the MPD salaries, benefits, and Extra Labor budget. 1. Staff Scheduling: Scheduling staff is based upon anticipated pool users and scheduled programs, classes, and/or lessons. 2. Pre-Service Training and Orientation: Provide pre-service training and orientation to new employees. 3. In-Service Training: Provide scheduled in-service training and required drills to ensure staff respond efficiently in emergency situation. 4. Procedures Manual: Maintain a comprehensive Procedures Manual. 5. Outreach and Communication: Implement marketing plan and outreach initiatives. 6. Pool Scheduling: Staff shall plan and schedule pool use to accommodate the MPD's mission, vision and goals. 7. Customer Service: answer questions; facilitate registrations, facility rentals, and general inquiries. 8. Pool Program and Event Implementation, examples include: • Lap Swim/Family Swim • Open Swim • Gender Specific Swim • Group Swimming Lessons • Private Lessons • Teen Late Night • Rental - Private Party • Rental - Aquatics Teams • Rentals for Specialized Aquatics Activities • American Red Cross Lifeguard Training • American Red Cross Water Safety Instructor Training • Vertical Exercise • Water Walking • Water Aerobics • April Pools Day • Floating Movie Nights • Other Programs and Events as determined 2. Pool Facility and Maintenance Operations. These services are billed to the MPD salaries, benefits, and Extra Labor budget. 1. Obtain Health Department Permit for the pool facility and follow WAC 246-260 for Water Recreation Facilities (WRF). ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs docidocx [- 5-1 155 Z. Maintain current pool operator certifications. 3. Maintain proper water quality using appropriate disinfection and water balancing practices. 4. Follow and comply with all regulations und guidelines {oznohlic swimming pools. 5. Respond 10 pool water contamination issues according to Health Department Regulations. 6. Perform safe chemical handli techniques. 7. Maintain a balanced level ofdisinfection in the pool and conduct regular pool water tests every three hours according to Health Departrnent Regulations. 8. Perform routine chemical dosing calculations and add chernicals as necessary to adjus and rnaintain the Langelier Saturation/Calcium Saturation Index of the water to prolong equipment life. 9. Perforrn routine water tests and cross reference the automated chemical feed system and make changes as necessary. 10. Work closely with the Health Department as needed. lL Maintain the filter system through routine backwashing and filter grid cover replacement. 12. Maintain pooi cleanhiness and appearance through routine pool vacuuming and brushing. 13. Maintain boiler systems and complete safety checks on boilers to ensure code requirements for pressure vessels is being followed in accordance with state regulations. 14. Ensure back-check vaives are tested and inspected annually. 15. Ensure facility is Virginia Graeme Baker Pool and Spa Safety Act (VGBA) compliant. 16. Ensure facility meets requirements ofthe Revised Americans with Disability Act (ADA). 17. Ensure facility meets code requirements for water access and water safety. 18. Conduct routine inspections and maintenance of both mechanical and operational equipment: diving board, slides, lane lines, extension yo|cn, basketball hoop, pool covers, guard chairs, handrails, pool stairs, chair lift, natatorium doors, rescue equipment, pace clocks, yuozps` boilers, chemical feed system, nun1o/s, air handling units (AHU) belts and filters, vnlves, make-up water systems, water and sewer meters, lighting. electrical systems, domestic plumbing (toilets, showers, sinks, hose spigots, drinking fountains) pool water plumbing, boiler system plumbing, lockers, partitions, dispensers, janitorial equipment. 19. Ensure facili cleanhiness and appearance through daily janitorial cleaning. 20. Maintainjanitorial supplies inventory, equipment ent and provide tra i to staffon daily cleaning . 21. Perform routine deep cleaning ofvarious components and equiprnent ent of the facility. 22. Perforrn various maintenance repairs as needed. 23. Maintain current signage according to Health Department Regulations. 24. Maintain current Material Safety Data Sheets (MSDS) for all chemicals and post information following Health Department Guidelines. 25. Maintain accurate and detailed records ofpool water chemistry, Langelier Saturation/Calcium Saturation Index, purnp pressure and vacuum gauges, boiler system ILA — City & MPD Poo Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs doc.docx 156 [-61 logs, chemical dosing, utility consumption, air and water temperatures, temperatures. water quality, general facility safety. 26. Create and rnaintain a preventative rnaintenance plan and implementation schedule for all systems and equipment in the facility. 27. Develop and continually update an Emergency Action Plan (including site plans, evacuation procedures and facility shut-down procedures) for facility equipment io conjunction with pool operations plans and procedures. 28. Inforrn pool staffofany known unsafe conditions. 29. Maintain a clean and presentable appearance to the public, respond respectfully and appropriately to pool patrons' concerns and issues and conduct trainings for pool staff. 30. Manage multiple maintenance contracts (HVAC, Fire Alarm, Burglar Alarm, Backflows, Boilers) coordinate with contractors ('repairs and emergencies), and purchase from supplies vendors (operating supplies. poOl chemicals, janitorial prodncto, maintenance supplies, equipment supplies, replacement parts). 31. Ensure safe water for swimrning by heating it, treating it, testing it, fil1crint.i, it, and balancing it. 32. Respond and troubleshoot any situation that comes up (i.e. colored water, cloudy water, boiler failure, temperatures cold in water, air or showers, pump failure, water chemistry issue, vomit and/or fecal incident, water leaks. fire alarm, burglar alarm, power outage, and any emergency situation (see Exhibit B — Pool Operator Response Scenarios below for exarnples) by providing 24hr ca!lout service. 3. Technical Support. Services provided on an as needed basis. These services are billed as a support service based upon the hourly wages and benefits of City staff and their time incurred providing support services, plus 10% for overhead expenses. 1. Perform essential calculations for both liquid and solid forms of measurement. 2. Respond to pool water contamination issues according to Health Department Regulations. 3. Calculate dosing requirements for any and all chemicals to be used in the p00!. 4. Perform routine chemical dosing calculations and add chemicals as necessary to adjust and maintain the Langelier Saturation/Calcium Saturation Index of the water to prolong equipment life. 5. Deal with water problems (poor circulation, cloudy water, colored water, algae, stains, scale, and foarning water). 6. Operate, interact, manipulate and calibrate the cornputerized chernical feed system. 7. Provide infoiniation on water circulation, flow rates, filter sizing. surge tanks, float valves, make-up water valves, entrapment issues, surface water rernoval vs. main drains, pump influence and effluence, filter vacuum, parts and maintenance of pumps and motors, cavitation, variable frequency drives, valves, piping, and health department codes when needed. 8. Provide information on pool filtration systems; filter rates, different forms of filter media, calculating filter system sizing and requirernents, and maintenance of -filter systems when needed. 9. Make adjustments to maintain air quality and energy loss in accordance with aquatic industry standards, and Health Department requirernents ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs doc.clocx [-7-] 10. Proficient with WebCNTRL software to be able to monitor, test, adjust, schedule, troubleshoot, and track, all facility systems and equipment. 11. Monitor and maintain surveillance system for reception desk tills. 4. Pool Grounds and Landscaping. These services are billed as a support service based upon the hourly wages and benefits of City staff and their time incurred providing support services, plus 10% for overhead expenses. 1. Mow turf areas weekly or as needed — Approximately March to October. 2. Weed flower beds weekly — March to October. 3. Fertilize 2 times per year — spring & fall. 4. Spray broadleaf herbicide as needed to keep weeds away. 5. Rake and dispose of leaves — seasonally. 6. Empty waste receptacles weekly (or more) — year-round. 7. Keep areas around gas meter and oil tank weed free. 8. Blow off walkways and other hard surfaces after mowing and/or as needed. 9. Spread de-icer when walkways are icy. 10. Annual tree and shrub pruning. '51141.44:: vdp z4.0 et,frK-00' The City of Tukwila's Human Resources Department coordinates the recruitment process of all MPD employees, manages employee records and administers a benefits program. Below details duties involved within each task. These services are billed as a support service enbased upon the hourly wages and benefits of City staff and their time incurred providing support services, plus 10% for overhead expenses. • Employee Recruitment: 1. Route Personnel Requisition Form for signatures 2. Create job posting from job classification 3. Advertise jobs 4. Review all applications for possible candidates to interview 5. Coordinate interview panel and schedule interviews, as needed. 6. Administer testing if needed 7. Deliver tentative offer of employment 8. Conduct reference check to include SSCI background check on all finalists 9. Make final offer of employment or rescind tentative offer 10. Prepare employment forms and create personnel file 11. Schedule orientation for employee to complete forms Maintenance of Employee Records 1. Data gathering. 2. File maintenance and retention. 3. Processing and recording Personnel Actions. 4. Key Card Access Processes. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 124 2013 rs doc.docz 158 [- 8 1 Benefit Administration 1. Coordinate health, dental and vision benefits for full-time employees. 2. Implement employee wellness program. 3. Coordinate retirement benefits. 4. Facilitate employee training and education tracking. 5. Coordinate industrial insurance, manage worker's comp claims. 4. Personnel Policies and Procedures 1. Implement City personnel policy and procedures manual. 2. Research and analyze City policies. 3. Review policies. -1,4. Implement policy training as needed. uVtii01 4-4Sveo' le The City of Tukwila provides hardware and software to the MPD, including computers, printers, telephones, and important software to ensure efficient operations of the Pool. Technological services and support is provided by the City's Information Technology (IT) Department. These services are billed as a support service effbased upon the hourly wages and benefits of City staff and their time incurred providing support services, plus 10% for overhead expenses. The following is performed on an as needed basis 1. Telephone Support The Mitel phone system is utilized throughout the City of Tukwila, including the Tukwila Pool. The Voice Over IP system (VOIP) (versus analogue system) provides interconnectivity throughout City Departments. 2. Cell Phones: The MPD has 2 cell phones serviced by Verizon; each cell phone utilizes the negotiated contract pricing the City receives through the Washington State Cooperative Agreement (WSCA) contract. 3. Hardware: The MPD utilizes hardware such as central processing units, monitors, printers, routers, switches, card scanners, cash drawers, cabling and fiber wiring owned by the City of Tukwila. The IT department provides support and replacement on an as needed basis. 4. Network and Servers: The MPD utilizes server space on the City's servers and network. This includes storage for email, home directory documents, CLASS (point of sale and registration software), and includes network services such as virus checking, spam filtering, routers, hubs, switches and wiring for connectivity. This allows Pool staff and City staff to share files, and take advantage of a multitude of network capabilities. 5. Software The MPD email is currently using the City's email system licensed under the Microsoft Enterprise Agreement. The MPD utilizes CLASS software and shares a license with the City. CLASS is the Recreation Management System used for Point of Sale (POS), program registration, facility booking and participant database. The license is not transferable. WebCTRL is software utilized for communication with the pool controls and water system, this software is currently controlled by the City (for firewall protection) ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pod Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs doc.docx [- 9 159 however could be easily released in the future if needed.IT staff and Parks and Recreation Staff troubleshoot on an as needed basis. 6. Printers: The MPD utilizes three printers that are maintained by the City on an as needed basis. 7. Website: The current MPD Website was designed, coded and then converted into a WordPress template for ease of use. The IT department coordinates hosting and domain renewal for the tukwilwapool.org website. 8. Maintenance: The IT department provides overall maintenance to equipment and software on an as needed basis. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs doc.docx 160 [- 10 -] Exhibit 2 3 2 Tukwila Metropolitan Park District Support Services Scope of Work Support Services are performed by City of Tukwila staff to provide support to the TPMPD as requested by the Board President or designee. All of these services are billed enbased upon the hourly wages and benefits of City staff and their time incurred providing support services, plus 10% for overhead expenses. • • " • . • - . • ' 0,, kr Asin"'”:**.g.W1WPPV. 171,44W ' '10*/#4,tsk, FrA, zar.44,00%,,,,,,ww4r,,,,,or„,),".,._..,0,4, ow*, ep A tr enrIer A A S' • • .-> ,,,(4:0V";,.140.N•k Administrative services perfon-ned by the City Clerk's office includes: 1. ,.v.v-eemerevt,W V044,44'4* g..Yligifiltattaitz*;* • 't Records Management: Organize and maintain District records and files according to state archive requirements: 1. Provide guidance and direction to staff on retention and disposition of records. 2. Keep staff up-to-date on changes to laws and State retention schedules. 3. Directly responsible for retention of records such as resolutions, contracts, and meetings and hearings (agenda packets, meeting minutes, legal notices, audio recordings) in accordance with State retention schedules. 4. Public Records Requests: Process and respond to public records requests as needed and maintain database. If a request is received, the following steps are involved: Review and distribute the request; set timelines based on 5-day legal requirement; request Board attorney review of any responsive records to ensure exempt items are logged per RCW 42.56; assemble and copy documents; assess charges; compose fulfillment correspondence to requester. Contracts/Recorded Documents/Claims/Litigation/ Bids, etc.: 1. Contracts: Review for accuracy and completeness; collect signatures and distribute. 2. Claims/Litigation: Accept and route claims for damages and litigation filings and appeals. 3. Recorded Documents: Transmit documents to King County Recording Office; pay fees and track until the documents are returned; scan into the Digital Records Center; file paper document. 4. Bids: Review and publish bids based on legal requirements. Provide services to accept secure bid documents per State law and open bids from vendors, as needed. 5. Elections: Coordination with King County Elections as needed in conjunction with ballot measures. 3. Composition and Distribution of Minutes from MPD Board Meetings: 1. Staff support at MPD meetings, with responsibility for operation of recording system, parliamentary procedures, providing assistance to Commissioners and members of the public and collecting speaker sign-up sheets and any other information distributed at the meeting for inclusion in the public record file. 2. Upload and index audio recording of meetings into the Digital Records Center. Label and file CDs. 3. Prepare meeting minutes, distribute draft to City and MPD staff for review, make changes as needed, and provide copy to Commissioners for review. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs doc.docx 161 5. Scan and index signed minutes and index into the Digital Records Center for availability to staff and the public, file paper copy for long term records retention. 4. MPD Board Meeting Facilitation: 1. Prepare meeting rooms: Arrange tables, podium, place microphones and run cords as needed. 2. Set up information for the public including agenda packets and speaker information. 3. Arrangements nameplates, gavel, cups and water pitchers on the dais. 4. Set up recording device. 5. Return the above items to storage after meeting and return room to its original configuration. 5. Notice meetings: 1. Monitor draft agendas for awareness of any public notice requirements (i.e. special meetings, public hearings, executive sessions). 2. Submit required notices to newspaper for publication and distribute to notification List and post per legal requirements. 3. Scan notices and index into the Digital Records Center and name intuitively for easy access. Distribute electronic and paper copies and file paper copies. 4. Track affidavits of publication and file per legal requirements. 6. Collect agenda items, prepare agendas, and prepare meeting packets and agenda items: 1. Maintain tentative agenda templates and populate with agenda item information as provided by staff. 2. Distribute draft agenda to applicable staff the week prior to each meeting, including information on deadlines for submission of agenda packet materials. 3. Review agenda packet submissions for completion and accuracy, and contact staff as needed for revisions. 4. Create agenda face sheet. 5. Produce draft and final versions of resolutions. Review for content and accuracy and complete resolution tracking sheet. Ensure draft resolutions are reviewed by the Commission Attorney. 6. Create Info Memos for agenda items and craft new resolutions as needed. 7. Provide agenda packet materials to City Administrator and Board President for review. 8. Participate in agenda review meetings and make changes to materials (or contact staff) as needed. 9. Produce and distribute monthly agenda packets for Commissioners, staff and public. Production process includes review of materials for content and sequencing (including page breaks and inclusion of color inserts as needed), scanning or importing of documents into the Digital Records Center, electronic enhancement or resizing of images, electronic page numbering, generate searchable text, intuitively name agenda items, email link to packet materials, production of 20 paper packets for Board members and the public. ILA — City & MPD Pool Operations and Support Services ILA CITY MPD Pool Operations and Support Services Atlachmenl A (Scope) FINALNOStrikethru 12 4 2013 rs 405 405x 162 [- 12 -] Financial Management Provided by the City of Tukwila's Finance Department: 1, Provide Risk Management Administration: 1. Obtain insurance through the Washington Cities Insurance Authority (WCIA). 2. Coordinate annual insurance audit. MPD Treasurer meets with WCIA representative and reviews coverage and prior year claim results. 3. Report as necessary to insurance authority: provide incident and accident reports and perform necessary follow-up. 2. Accounting Services, Recording, Reporting: 1. Annual reporting: prepare and distribute annual financial reports including to MPD Board. 2. Prepare Schedule of Financial Assistance (for grants received by the MPD) to the State Auditor's Office. 3. Support State Auditor's Office with annual audit, as requested. 4. Maintain accounting records and prepare reports including: expense reports, revenue reports, quarter payroll detail reports and other reports as requested. 5. Prepare and submit Department of Revenue monthly excise tax return. 6. Provide semi-monthly payroll processing and file necessary monthly, quarterly, and/or annual payroll reports and returns. 7. Provide general accounting services and reports to the Board on the status of TPMPD funds. 8. Provide accounts payable services, payment of invoices and purchasing card administration. 9. Provide daily revenue recording, receipting, banking, and credit card reconciliation activities. 10. Liaison with King County. Finance staff work with King County as they collect property taxes on behalf of the MPD. Property taxes are electronically transferred 2 — 3 times a week. Journal entries are prepared on a weekly basis to record the receipts in Eden (City's accounting software). County reports on property taxes must be reconciled at least annually to ensure proper accounting. 11. Prepare annual resolutions for property tax collections and file with King County. 12. Invest excess funds as available. 13. Provide support to Parks and Recreation Staff for grant funding and tracking to ensure all granting requirements are satisfied. Perform monthly bank account reconciliation. 14. Fixed asset accounting. Tracking and documenting costs of/for assets, calculating depreciation and list on financial statements. Asset counts are required on a periodic basis. 15. Retain all records for the MPD in accordance to the WA State records retention schedule. Records are destroyed when the schedule allows and proper documentation is prepared to record what records are destroyed and when. 16. Prepare and present annual budget in coordination with Parks and Recreation Department. 17. Prepare and update 5 and 20 year plan in coordination with Parks and Recreation Department. ILA — City & MPD Pool Operations and Support Services [- 13 -] ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs doc.docx 163 -r° 11 01" I 8,1 AS: s,iltpti7S“,,,, *fr'90 AilkW Provided by the City of Tukwila's Parks and Recreation Department: Supervise Pool staff and daily operations performed at the Tukwila Pool as detailed in Exhibit 1. 2. Coordinate support services with City of Tukwila's Finance Department, Human Resources Department, Information Technology Department and City Clerk's Office. 2,3.Support Assistance to the MPD Board, as needed. 1. Attend quarterly meetings, as needed 2. Attend annual MPD Board retreat, and annual budget workshop, as needed, 3. Prepare long-term agenda for MPD Board by forecasting MPD annual needs. 2,4. Research and prepare informational memos, documents, reports and presentation to the MPD Board. Examples include: 1.Annual budget development, presentation, and monitoring. 2.Financial plan development, monitoring and updating. 3.Capital Improvement Plan development and planning. 4.Fees analysis: research, report, and presentation. 5.Request For Proposals, example: RFP for Legal Services document 4. Capital Project Management 1. Prepare bid documents and coordinate bid processes (RFP, RFQ etc.). 2. Prepare and execute contract documents, change orders, amendments, invoicing 3. Oversee Project: Document progress, attend construction meetings, and provide direction and input. 4. Prepare reports: progress reports, financial reports. 5. Prepare and present project closeout documents. 6. Manage and coordinate warranty work related to capital projects, as needed. ILA — City & MPD Pool Operations and Support Services [- 14 -1 ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12 4 2013 rs doc.docx 164 Attachment B Scope of Services Overview Pool Operations & Support Services Scope of Work "Exhibit 1" MPD Support Services Scope of Work "Exhibit 2" Brief Description Type of Charge Pool Operations and Services to support operations of the Tukwila Pool Services to support the TPMPD Direct charge to MPD Salaries, Benefits and/or Extra Labor, and Hourly charge to MPD for Support Services (indicated w/*). Hourly charge to MPD — Support Services Budget Specific Duties Provided by Parks and Recreation Dept. • Aquatic Facilities Operator • Lifeguards & Swim Instructors • Pool Programming • Pool Custodial & Maintenance • Pool Equipment Maintenance Provided by City Clerk • Records Management • Contracts/Recorded Docs/Claims/Bids • Minutes composition and distribution • MPD Board Meeting Facilitation • Notice Meetings • Agenda preparation and distribution * Provided by Information Technology Dept. • Telephone/Cell Phone Support • Hardware/Software Support • Network and Servers • Printers • Website • Equipment Maintenance Provided by City Finance Dept. • Risk Management Administration • Accounting Services • Recording & Reporting *Provided by Human Resources Department • Employee Recruitment • Employee Records • Benefit Administration • Personnel Policies & Procedures Provided by Parks and Recreation Dept. • Coordinate Support Services • Provide Operational Reporting to Board • Capital Project Management • Supervise Pool Operations • Supervise Pool Management Staff *Provided by Parks and Recreation Dept. • Pool Operations Supervision • Technical Support • Pool Grounds and Landscaping 165 166 Attachment C KJ Design, LLC Tukwila Pool Administrative & Program Assessment For the Tukwila Metropolitan Park District Authored by Kevin & Karen Johnston .JKWILA Bran f?i,trict fr DESIGN 167 168 Cost Review to Privatize Services for Current Support Services The Parks & Recreation department has put forth a tremendous effort to document the necessary City support services that are utilized to operate the pool for the MPD. These support services include Recreation and Aquatic Support Services, Financial Management, Human Resources, Administrative Services, Information Technology, and Pool Maintenance Operations as outlined in the Pool Operations 101 document prepared by Rick Still. Are the support services provided by the City worth the $79.2K budgeted for 2014? Given the extensive outline in the Pool Operations 101 document, you may be hard pressed to equate the true value using private services. It is presumed that contracting for these services would require different companies for each category. Is it realistic to expect a competent pool management company to provide complete IT, phone and technology services? Along the same lines, is it possible for a custodial maintenance service to adequately provide human resource, payroll and accounting services? Given the City's decade of experience operating the pool and the associated support services being provided, the task of privatizing all of the support services is unrealistic. The City provides a unified government approach with combined services. Multiple private firms providing support services may not understand the big picture including the requirements that City services are already aware of, like public disclosure and public records requests. The facility manager would ultimately be tasked with ensuring that the negotiated contracts are being executed correctly. 49IPage 169 Metropolitan Parks District Model of Governance Comparison Definition of Governance Styles There are three types and a combination of governance styles: Public, non - profit and for - profit operations or a combination of these in the form of a public - private partnership. These three types all deliver recreational services, but vary based on their philosophical orientation. Publicly operated parks and recreation services are based on providing these services for all citizens for the benefit of the community as a whole and in the interest of the public good. Historically, swimming pools operated by the public sector are typically subsidized at fifty percent of their operational budget, through the municipal government's general fund. In reality, it is a swinging pendulum of support between forty and sixty percent. The subsidy is justified by the governing body (1) by ensuring that prices are accessible for most of the citizens, (2) to specifically provide needed services for the disadvantage in terms of income, ethnicity, age (youth & elderly) and for individuals with disabilities at reduced rates and (3) through societal values in terms of increased public safety through learn to swim programs and their direct and indirect abilities to reduce drowning rates within a community. The greatest advantage of publicly operated swimming pools is the commitment by the public sector to provide the services to all for the common good. The fact that the citizens share some of the burden of the costs associated with its operation validates this purpose further. Publicly operated pools maintain a high standard of care in terms of water quality and code compliance, crucial to the health and safety of an aquatic operation. Non - profits have a similar purpose related to the common good, although not for an entire community, but for the good of the individuals that are attracted to the non - profits altruistic purposes. "The exempt purposes set forth in section 501(c)(3) are charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and preventing cruelty to children or animals (IRS, retrieved Sept 9, 2013, http://www.irs.gov / Charities -& -Non- Profits /Charitable- Organizations/ Exempt- Purposes - Internal- Revenue - Code - Section- 501 %28c %29 %283 %29)." Stevens (2010) describes non - profits as "community based organizations that provide recreation services, mainly for children and youth. Founded as private, non - profit organizations beginning around the mid- 1800's to meet social service needs. Social services are activities and programs designed to promote people's social well- being, and they are provided by philanthropic organizations (p 30)." A for - profit or commercial recreation business is defined in the textbook Introduction to Commercial Recreation and Tourism as "The provision of recreation related products or services by private enterprises for a fee, with the long term intent of being profitable (Crossley, Jamieson & Brayley, 2007, p 8)." Privately owned for - profit businesses make money by specifically catering their recreation goods and services to a target market that has the ability to pay fair market prices in a competitive system (Stevens, 2010). 51IPage 170 In the recent past, there has been a movement to commercialized public recreation. There are very few examples of successful aquatic operations in this region under this philosophical orientation. The two closest aquatic venues which have consistently shown promise as commercialized public recreation operations are The Sequim Aquatic Recreation Center and Renton's Henry Moses Aquatic Center. The Sequim Aquatic Recreation Center, ran by the Clallam County Park and Recreation District, has been one of the few year -round indoor aquatic operations to run without any public subsidy for their complete operations. The building was originally built with a $2.8 million general obligation bond and was subsidized seven of its first eight years of operation before becoming a complete tax free operation. Today, the 30,000 square foot multipurpose aquatic recreation center generates approximately $900K per year from both admissions /memberships and per capita spending. Renton built the Henry Moses Aquatic Center as a full scale community based outdoor waterpark with a general obligation bond that funded its construction. Over the past decade, it has been able to generate the necessary revenue to covers it seasonal operation costs. A number of things combine to make both these aquatic operations profitable: • their physical location in their communities • the specific demographics of the community, which are significant factors of the people buying the services • large regional draw to their facilities • the uniqueness of their offerings • membership based with higher than average prices and affluent users • extensive marketing efforts over time Public- private partnerships have been used to operate a number of pools in the region. The private partner could be a for - profit commercial recreation business or a non - profit entity. There are a few examples of public - private partnerships in this region that municipal governments have used to operate the swimming pools within their community. A couple of examples are: • the non - profit Northwest Center operated Mercer Island's Mary Waite Pool • the Aquatic Management Group's operation of Mount Rainer Pool in partnership with the Des Moines Pool Metro Park District and the Kent Meridian Pool in partnership with the City of Kent. There are examples of municipal pools being operated by the local YMCA under a partnership agreement in the Northwest, but none that we are familiar with in the King County area. The Eastmont Pool in Wenatchee, WA, the Twin Falls, Idaho and the West Boise YMCA are all municipally owned aquatic facilities that are operated by the YMCA. The West Boise YMCA pool -wise is equal in size to the Weyerhaeuser King County Aquatic Center and the Y does an exceptional job of operating the venue. 521Page 171 Advantages & Disadvantages of Each Style The advantages of an aquatic facility being operated under the public recreation philosophical orientation is that a community pool should be committed to serve the public good and to ensure that services are accessible to everyone in the community. Public recreation services and facilities, in general: • reduce juvenile delinquency • build community • reduce crime rates • increase property values • attract residence and businesses • provide physical, social and psychological benefits to individual community members that choose to use the services All of these taken as a whole add to the quality of life within a community, important to the common good. Most municipal governments are financially stable and are the revenue source that provides the needed funds to keep the operation viable. When a public agency provides a pool to serve all citizens for the common good it typically chooses to subsidize the operation through the collection of tax revenue. It then ensures that fees are set at a level that the public has the ability to pay. Obviously there will be a tax burden on the owners of property within the district. The mill rate established for the Tukwila MPD is 15 cents per $1000, which is a very reasonable burden on the property owners within the district, given the pool's current level of service. The mill rate is less compared to the other MPD rates we have recently reviewed. Tukwila has 24.3% of the population below the poverty line (STP via QuickFacts). Some consideration should be given to the agency offering additional free or reduced price programming based on income levels, age (youth & seniors) or other demographic factors. Tukwila should continue to expand the scholarship program to show good will, given this level of poverty and the lower income levels within the community. When the Sequim Aquatic Recreation Center initially opened they offered three hours a week of free swims for those in the community who may not have the ability to pay admission rates. This is typically something private firms would not consider doing. Addressing the financially disadvantaged in a community would be more readily embraced by municipal services or a non - profit's mission than a for - profit commercial entity. Government entities are not known for their efficiencies. The salaries and benefits paid to their employees may be more than a non - profit or for - profit entity. Unionized municipal employees have bargaining units that create financial obligations that can be higher than their non - unionized counterparts in other agencies or companies. The non- profit and for - profit entities that don't have union obligations are more mobile and typically have less labor costs per hour of their operational budget. Government budgeting can come with restrictions. Starting new programs that were not planned in the current fiscal year may be deferred until the following year as a result of needing proper line item allocation. In essence, requests for new revenue generating 531 Page 172 programming cannot be started until they are adequately budgeted and properly accounted for. Although, government budgeting has started to change to allow for new kinds of accounts. The use of enterprise funds provides good accountability but encourages more entrepreneurial efforts and looks at a return on investment similar to the private sector. Government entities typically spend every dime provided the unit by line item during a fiscal year, particularly where an ending fund balance is not allowed to roll forward to become the starting balance. There is no incentive to create savings per line item or little incentive to increase revenue to off -set expenses. Allowing ending fund balances to roll forward to be added to beginning balances creates greater incentives for the budget to be managed in a way that address this common pitfall of traditional government financial management. Taking financial risks is not looked upon as a wise decision in municipal government operations for good reason. Should public employees gamble with the tax payer's money? Most would say yes only if the gamble was guaranteed to pay off every time. But, what happens if it doesn't? The loss of the public's trust is so critical that government employees make conservative decisions that have little to no risk. Add to the conservatism with the attitudes of "we have always done it this way" and "if it's not broken, don't fix it ". This combination is more prevalent in government settings, consistently setting them up to limit change. There are a number of non - profits that have rich backgrounds in running swimming pools for their constituents. The Salvation Army, YMCA and YWCA have operated swimming pools for decades in their associations. The YMCA operates more swimming pools and aquatic facilities than any other single entity in the United States. The Y has their own national aquatic certification programs: lifeguarding, learn to swim and pool operations (Pool Operator on Location). Their certification programs are recognized by most state aquatic codes and are less expensive in terms of cost of certification to the participant and the organizations sponsoring the trainings. As with any large organization there is a spectrum of quality within the operations. We have seen exceptionally operated aquatic programs and horribly managed aquatic venues within the YMCA. Comparison of Parallel Communities with Each Style This section of the report provides a comparison of how some of the forward thrust pools have been operated since they were transferred from King County to the adjacent communities. It may be helpful to understand the various routes that have been taken and the successes and failures along the way, particularly if the MPD plans on making a change in how the pools are operated. Mount Rainer Pool was operated initially by the City of Des Moines after the transfer from King County. They provided minimal upgrades during the time they initially operated it. City staff managed the operation and day to day supervision responsibilities. Aquatic Management Group was contracted by the City to operate the 541 Page 173 pool until the time the City decided to step away financially. With voter approval the pool is now supported by the Des Moines Pool MPD. Through the MPD, financial support has been provided to continue to operate the pool and AMG has maintained the contract. Although the pool has remained opened, we are directly aware that the pool has been operated or maintained below the standard of care in the aquatic industry. Various operators of this pool have failed to meet both federal and state codes in a number of ways. This fact is one of the reasons we would caution the MPD commissioners when considering an alternative contract to operate the Tukwila Pool. Mary Waite Pool on Mercer Island has been operated by both non - profit and for - profit entities with an annual financial subsidy of $100,000 from the City of Mercer Island. This subsidy ensures that the pool continued to provide services after the transfer from King County to the School District. The city has provided no policy or management oversight in the pool's operation, only the financial assistance since the transfer. We have done three separate studies over the past decade for the City of Mercer Island, are familiar with the pool, and know at least two of the previous operators. With over 50 competitive events a year scheduled at Mary Waite prior to the transfer, we are not surprised that a privately held competitive swim club is operating this pool today. Mary Waite as it is currently operated is more of a competitive venue than a community pool. Affluent communities tend to have more success with private - public partnerships. This may be one reason why a private competitive club is successfully operating the pool on Mercer Island. The mean income in Mercer Island is over twice the state's mean and the poverty level is 2.7% of the city's population (STP QuickFacts). There has been a change of pool operators twice in ten years. Each time generating news articles surrounding the pool's uncertain future. If the pool was being operated by an MPD or some form of municipal government this press would have been directed to a board of commissioners. Tukwila's commissioners should note that finding long -term committed third party operators may be a challenge. Kent's forward thrust pool functions similar to Mercer Island's. The City of Kent provides $100,000 or more as a subsidy to the pool operator. AMG operates both Des Moines' and Kent's pools. We are not familiar with the operation at Kent, but we are with Mount Rainer Pool. We would expect to find similar issues and concerns to those we found in Des Moines. A private for - profit service that would contract to operate the pool may choose not to incur all of the fixed and variable costs to operate, and in some cases may even side step the essential support services to save costs. If a private firm needed essential services, they may be able to obtain them through outsourcing. Financially this may provide some savings, but it is hard to quantify. If something essential was by- passed to save money, it could create a greater exposure in terms of risk for the MPD. Let's set a possible scenario of a private firm operating the pool and creating a contractual savings for the MPD of $200K annually. We would recommend looking closely at the level of service and the support services. It is important to analyze what 551 Page 174 would be reduced for cost saving in the short run and if it is possible to maintain that reduction over the long term. This may become short term savings for a limited time. During the pre- contract analysis, it is imperative that future services be parallel to the services currently provided, if that is the expectation of the MPD. Asking some hard questions of the potential private operator should include: • If the information desk is staffed during all hours of operation? • What level of programming is provided? • What is the level of lifeguard services during all times of use? • Will there be a reduction in hours of operation or services that is not in the best interest of the community? You should scrutinize the pools that are ran by a private for - profit company because you may be making compromises to safety or the level of service that is counter to the role of the MPD. Professionally, we haven't seen a commercial firm locally that would ensure excellent customer service, great aquatic programming and safe -code compliant aquatic operations. We do not know of a single commercial firm that we would highly recommend as a pool operator in this region. It should be noted that the private management companies operating Kent, Mt. Rainer and Mary Waite pools are paying the least amount per hour for the lifeguards that are employed by them, ultimately creating a significant savings over the 12 months of the operations. 561 Page 175 176 2012 -2013 MPD Support Services Summary 25,000 20,000 2012 Total = $126,926 2013 YTD = $ 111,174 15,000 10,000 5,000 ti� ti� titi �� titi titi titi titi ti ti ti' ti' ti) ti? � 4�� �as QQ� a� �� ��\ �� se, 0`� \4°, �� �� <<�� a� �� tea, �� �� �¢o 49 Support Services per Agreement 0 Tuau 3Bfly 178 Finance & Safety Committee Minutes December 3, 2013 – Page 2 C. Contract: institutional Network Services Staff is seeking Council approval to renew the contract agreement with King County for Institutional Network (I -NET) Services for a term of three years. This secure service is crucial to several public safety and business processes, including the Police Department's connection to the state -wide Intergovernmental Network (IGN) channel, the Fire Department's connection with County emergency management and regional messaging systems, video arraignments for the Municipal Court, and more. The I -Net connection also enables the City to be physically connected to the King County Network Operations Center located in Sabey Data Center, which now has server rack space available for City use through the county agreement. Moving equipment into this co- location center will save money on utility costs. Finally, in exchange for allowing County use of City -owned conduit reaching King County Libraries located in Tukwila, the County has agreed to upgrade the City to a 1 GB network connection as an even trade. The cost to renew this agreement for three more years is $74,784, excluding tax, distributed between multiple departments as appropriate. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 COMMITTEE OF THE WHOLE AND DECEMBER 9 SPECIAL MEETING. D. Interlocal Agreement: City of Tukwila Support Services for Tukwila Metropolitan Park District Staff is seeking Council approval of a new interlocal Agreement for Support Services between the Tukwila Pool Metropolitan Park District and the City of Tukwila. The current agreement has a fixed cost of $7,500 per month, but the structure in this proposal is to charge for services on an actual hourly basis, allowing the City to recover costs incurred and give the MPD Board more control over the expenses. These costs are estimated to be approximately $6,600 per month, a decrease attributable to stabilizing support services and the potential Executive Director hire currently being considered by the Board. In addition, the proposed agreement separates City services into two categories — support specific to pool operations, and support specific to District operations. The Committee was asked to consider the proposed agreement as well as two options for the term length: • A six - month term, allowing the MPD Board time to create a request for proposal for pool operations and management, then to select a provider, or; • A two -year term, based on the recommendation from the KJ Design Administrative and Program Assessment Report, allowing for stability of current services with time to implement recommendations from the report. After discussion of the agreement details, the Committee was in favor of the proposal with a term length of two years, also stating support for the change to hourly rates instead of a flat fee. Councilmember Robertson commented that he expected the addition of an MPD Executive Director to result in substantially less direct involvement of City Director level management of MPD support. As an example, the budget worksheet created and maintained by the Parks and Recreation Director should be turned over to Finance staff and the new Executive Director for maintenance. City Administrator David Cline noted that the agreement presented to the Committee of the Whole is likely to include changes proposed by the MPD Board Attorney in collaboration with the City Attorney, particularly with regard to expanded details on the monthly invoicing process. The Committee was comfortable with moving the agreement forward with these changes pending. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 COMMITTEE OF THE WHOLE AND DECEMBER 9 SPECIAL MEETING. E. Community Schools Collaboration Funding Update City Administrator David Cline briefed the Committee on the financial status of Community Schools Collaboration (CSC), currently facing a shortfall due to loss of grant funding and other sustainability issues. Without additional funds, CSC will need to substantially reduce its extended day (after school) program offerings as early as January 2014. The City currently provides $100,000 to CSC annually, representing approximately 20% of its funding. A work group with representatives from CSC, the City, and Tukwila School District has been meeting to discuss options for attaining financial stability. 179 180 COUNCIL AGENDA SYNOPSIS Initials .Vleetiq Date Prepared by \. a;or's review Council review 12/09/13 BG' , �. t (t' ❑ Resolution Mtg Date 12/09/13 BG • Public Heating ri Other Mtg Date Mtg AN Date SPONSOR ❑ Council E Mayor ❑ HR E DCD E Finance C Fire ❑ IT E P&R C Police ® PJF SPONSOR'S This design Supplement No. 10 with KPFF is for the Tukwila Urban Center Pedestrian/ SUMMARY Bicycle Bridge. Additional work is required for US Coast Guard permitting requirements, hydraulic analysis of the Green River, right -of -way acquisition and associated surveying. Council is being asked to approve Supplement No. 10 of Contract 07 -123 with KPFF in the amount of $221,419.39. REVIEWED BY E COW Mtg. E CA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/26/13 COMMITTEE CHAIR: 11 Transportation Cmte ❑ Planning Comm. KATE KRULLER ITEM INFORMATION ITEM No. 3.H. & Spec 3.G. CAS NUMBER: S' FP SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 12/09/13 AGENDA ITEM TITLE Tukwila Urban Center Pedestrian /Bicycle Bridge Design Supplement No. 10 to Contract 07 -123 with KPFF CATEGORY ® Discussion Mtg Date 12 /09/13 11 Motion Date 12/09/13 ❑ Resolution Mtg Date ❑ Ordinance AND ate ❑ Bid Award Mtg Date 0 • Public Heating ri Other Mtg Date Mtg AN Date SPONSOR ❑ Council E Mayor ❑ HR E DCD E Finance C Fire ❑ IT E P&R C Police ® PJF SPONSOR'S This design Supplement No. 10 with KPFF is for the Tukwila Urban Center Pedestrian/ SUMMARY Bicycle Bridge. Additional work is required for US Coast Guard permitting requirements, hydraulic analysis of the Green River, right -of -way acquisition and associated surveying. Council is being asked to approve Supplement No. 10 of Contract 07 -123 with KPFF in the amount of $221,419.39. REVIEWED BY E COW Mtg. E CA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/26/13 COMMITTEE CHAIR: 11 Transportation Cmte ❑ Planning Comm. KATE KRULLER RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Public Works Unanimous Approval; Forward to Committee of the Whole & Special COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $221,419.39 $1,100,000.00 $0.00 Fund Source: 104 FUNDS (PAGES 12, 2014 CIP) Comments: Right -of -Way budget will be used for Supplement No 10 MTG. DATE RECORD OF COUNCIL ACTION 12/09/13 12/09/13 MTG. DATE ATTACHMENTS 12/09/13 Informational Memorandum dated 11/22/13 (revised after 11/26 TC) Supplemental Agreement No. 10 to Contract No. 07 -123 with KPFF Page 12, 2014 CIP and Proposed Version showing changes Minutes from the Transportation Committee meeting of 11/26/13 12/09/13 181 182 TO: FROM: BY: DATE: SUBJECT: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee Bob Giberson, Public Works Director- Cyndy Knighton, Senior Program Manager November 22, 2013 (Modified after 11/26/13 Transportation Committee) Tukwila Urban Center Pedestrian/Bicycle Bridge Project No. 90510403, Contract No. 07-123 with KPFF - Supplement No. 10 ISSUE Approve Supplement No. 10 with KPFF for the TUC Pedestrian/Bicycle Bridge design in the amount of $221,419.39. BACKGROUND Since 2005, KPFF has been under contract with the City to design the Pedestrian/Bicycle Bridge over the Green River. A Type, Size, and Location (TS&L) report was approved by Council in 2011 with the direction to design a Twin Tied Arch bridge with no accommodation for a future bridge crossing over West Valley Highway. Since then, the design has proceeded through the 30% level. Staff continued efforts to obtain grant funds to build the project and earlier this year an award from the WSDOT Regional Mobility Office was made in the amount of $6.87M over two state biennial budget cycles. DISCUSSION There is a need to increase this project's original scope of work as a result of outside permitting agency requirements, right-of-way negotiation and acquisition (ROW), and additional time and work required to complete these tasks. The following table provides the breakdown of costs allocations for Supplement #10 tasks, with a summary of tasks following: Tasks Nos. Cost 1 Project Management $3,741.19 2 Topographic and Boundary Survey 8,451.20 3 Alternative Alignment Preliminary Design 37,562.40 4 Civil 34,675.22 5 Environmental and Permitting Services 25,702.08 6 River Hydraulics 18,004.82 8 Right-of-Way Acquisition 93,282.48 $221,419.39, Tasks Nos. 5 and 6 As the design has progressed, consultation with outside permitting agencies has resulted in the identification of additional work beyond that which was included in the project's original scope. This work, as outlined below, must be completed in order to obtain all required environmental approvals and non-city permits. • Department of Fish and Wildlife has requested the City consider redesigning portions of the east bridge landing to preserve two large Douglas firs. w:\pw eng\projects\a- rw & rs projects\tuc ped bicycle bridge (90510403)\info memo kpff sup 10.docx 183 INFORMATIONAL MEMO Page 2 • U.S. Coast Guard maintains some jurisdiction over the Green River and maintains permit approval, necessitating additional work. • King County Flood Control District (KCFCD) and Federal Emergency Management Agency (FEMA) require additional study to document the p ject does not negatively impact river hydraulics. This additional work (task 5 and 6) adds approximately $44K to the fee. Task Nos. 3 and 8 This supplemental agreement adds right-of-way negotiation and acquisition as a separate task which was not included in the original scope of work. The WSDOT Regional Mobility grant award will provide funding to proceed with acquiring the necessary property. Should the City end up in contracted negotiations or need to pursue acquisition through eminent domain, additional scope and fee may be required. This scope of work also includes additional design efforts to study more bridge landing and traii connection options on and around the property. Task Nos. 1,2 and 4 These tasks reflect the additional work, administration and extended contract time required for this supplement. A small amount of additional survey work is required to support the design and additional civil design is required for necessary wall design and coordination with utilities and WSDOT. The additional scope and fee are anticipated to complete the design, environmenta! permitting and right-of-way acquisition (unless eminent domain proceedings are required) for the TUC Pedestrian/Bicycle Bridge project. FINANCIAL IMPACT The $130,844.88 associated with the ROW acquisition (Tasks 3 & 8) is budgeted in the current CIP sheet (attached) as part of the $1.1 million ROW phase. The remainder of the additional fee is not budgeted in the d iOpha�b��m�h�� ROVVphoeeinUl8@mVuntof$8O,574.51canbere8UoCGbedhmthedeSi n phase. The overall project budget is not being increased. The attached Proposed CIP sheet illustrates the suggested reaUocation between the Right of Way and Design phases. RECOMMENDATION Council is being asked to approve Supplement No. 10 to Contract No. 07-123 with KPFF in the amount of $221.41S.39 and consider this item at the December 9.2O13 Committee of the Whole Meeting and subsequent Special Meeting that same night. Attachments: Contract 07-123 Supplemental Agreement No. 10 Draft CIP Sheet N: \PW Eng \PROJECTSVA- RW & RS ProjectsITUCPed Bicycle Bridge (90510403)\INFO MEMO KPFF SUP10.docx 1,36°7"`" Washington Slate Ter DePerunisnt c( TransPartallon Supplemental Agreement p p g Number 10 Organization and Address KPFF Consulting Engineers 1601 Fifth Ave, Suite 1600 Seattle, WA 98101 • Phone: Original Agreement Number 07 -123 (k) Project Number 05 -RWO3 Execution Date Completion Date 12/31/2014 Project Title Tukwila Urban Center, Ped/Bicycle Bridge PSE New Maximum Amount Payable $ 1,833,856.32 Description of Work Modification of existing contract for incorporation of additional tasks, as identified in the Exhibit A -1 Scope of Work. The Local Agency of the City of Tukwila desires to supplement the agreement entered into with KPFF Consulting Engineers and executed on and identified as Agreement No. 07 -123 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: Section 1, SCOPE OF WORK, is hereby changed to read: See F.xhihit A -1, Scope of Work 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Contract completion date is extended to December 31, 7014 111 Section V, PAYMENT, shall be amended as follows: This supplement increases the contract value by 221 419 "39, increasing the previously authorized Maximum Amount Payable of 61? 436 93 to /333 X56 3? as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: David K McMullen, PF. Consultant Signature DOT Form 140 -063 EF Revised 9/2005 By: City of Tukwila Approving Authority Signature Date 185 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 1 Exhibit A -1 Scope of Work Tukwila Urban Center, Pedestrian /Bicycle Bridge Supplement No. 10 - Additional Hydraulic, Surveying, Permitting, and Right of Way Acquisition Services PROJECT DESCRIPTION KPFF is currently under contract with the City of Tukwila (City) for the Plans, Specifications and Cost Estimate (PSE) Phase of the Tukwila Urban Center Pedestrian and Bicycle Bridge project. This supplement provides additional services related to: • Incorporation of Trail Alignment Alternatives and Parking Lot (re)Configuration, including associated Surveying and Utility Locating • United States Coast Guard (USCG) Permitting Requirements outside the initial scope • Hydraulic Analysis of the Green River, and associated Surveying • Right of Way Acquisition, and associated Surveying • Management and Coordination associated with incorporation of the above listed modifications into the project. PROJECT OBJECTIVES The overall objectives of this supplement include: • Obtain technical data necessary for completion of the PSE Phase • Acquire right of way necessary for project construction • Obtain USCG bridge permits During and /or at the conclusion of the PSE Phase, the City can exercise the option to supplement KPFF's contract to include design documents for the undercrossing at the Tukwila Commuter Rail Station or for support during the Construction Management Phase. 186 Exhibit A — Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge — Supplement #10 Page 2 PROJECT TEAM This supplement includes effort by the following project design team members: Prime Consultant Structural Engineering Civil Engineering Surveying Environmental and Permitting Services River Hydraulics Right of Way Acquisition KPFF Consulting Engineers KPFF Consulting Engineers KPFF Consulting Engineers KPG Inc. Landau Associates Watershed Science & Engineering Universal Field Services 187 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 3 SCOPE OF WORK The following is a scope of work for additional hydraulic, surveying, permitting, and right of way acquisition services in support of this project's PSE Phase. In addition to the basic services scoped in this document, the Consultant has included additional services that can be performed at the City's request. TASK NO. 1.0 - PROJECT MANAGEMENT AND ADMINISTRATION Task No. 1.10 - Monthly Invoices and Coordination PSE design team members prepare monthly invoices for work completed, which are then compiled by KPFF into a single invoice for the City. This task incorporates efforts for including Universal Field Services and Watershed Science & Engineering in this process. This task also includes incorporation of changes made in this supplement to the design team invoices. Because the City has a separate funding source for Right of Way services, charges associated with this task will be identified separately on invoices. KPFF does not anticipate providing a separate invoice for Right of Way services. Task No. 1.20 - Design Team Supplemental Agreement Preparation KPFF shall prepare contracts for Universal Field Services and Watershed Science & Engineering, and supplemental contracts for KPG, Inc. and Landau Associates. Task No. 1.30 - Project Schedule Updates The PSE Phase project design schedule shall be revised to incorporate the modifications made by this supplement. The schedule shall continue to be updated on an as needed basis. Task No. 1.40 - Design Team Meetings and Coordination The consultant team anticipates needing an additional six (6) internal meetings to coordinate modified project tasks and incorporate scope changes into the project design. Additionally, KPFF will perform general coordination and be the main point of contact for the multidiscipline team. KPFF will collect and disseminate information for the team. Task No. 1.50 - Project Team Meetings with City An additional two (2) meetings with the City will be required to coordinate tasks associated with this scope of work. 188 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 4 Deliverables: • Monthly progress reports and invoices • As- needed Project Schedule Updates • Team meetings o Participation in internal consultant team meetings (assume 6 meetings) o Participation in project meetings with the City (assume 2 meetings) 189 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 5 TASK No. 2.0 - TOPOGRAPHIC AND BOUNDARY SURVEY The following is a scope of work for additional survey items needed as design proceeds on this project. KPG has included time and expense for project meetings, management of surveying and drafting efforts, professional review and quality control in our proposal. Task No. 2.10 - Additional Survey and Mapping Subtask No. 2.11 - Locate Catch Basins Locate catch basins in west side of West Valley Highway. Subtask No. 2.12 - Extend Survey of Green River Trail The survey of the Green River Trail shall be extended northerly approximately 100 -feet to the limit of proposed improvements. 190 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 6 TASK No. 3.0 - ALTERNATIVE ALIGNMENT PRELIMINARY DESIGN Task No. 3.10 - Survey at Riverview Plaza Parking Lot KPG shall provide the field survey and mapping to augment the Riverview Plaza parking lot, including studies and alignments of alternative routes. Subtask No. 3.11 - Utility Locating A separate cost for private utility locating services has been included, which assumes 24 hours of underground utility sensing and locating. Task No. 3.20 - Walkway Section/ Parking Lot Trail Alignment Studies KPG shall provide alternative layouts and improvements to the Riverview Plaza property, including parking lot reconfiguration. This work will include additional design studies for proposed improvements, meetings with property owners of Riverview Plaza, and coordination with the property owner's consultants. KPFF civil will review alignment alternatives and parking configuration / reconfiguration, and attend coordination meetings with property owners and City staff. Deliverables • Trail Alignment Alternatives and Selected Alternative Plan (including conceptual parking lot reconfigurations.) KPFF civil shall provide cost estimates for two (2) alternative alignments, compare the estimated costs to the current alignment, and identify changes to project cost as a result of alignment revisions. Task No. 3.30 - 30% Plans KPFF civil will progress selected alternative alignment to 30% design. Anticipated work includes preparation of new plan sheets for horizontal alignment, vertical alignment, site preparation, utility relocation, storm drainage, pavement markings and signing, and paving plans. Task No. 3.40 Update Storm Drainage Report Storm Drainage report will need to be revised to assess impacts due to revised alignment. This may trigger stormwater detention requirements, and will also change basin delineation. Task No. 3.50 - Update Cost Estimate Cost estimate will be revised to integrate quantities for preferred alignment. 191 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 7 TASK No. 4.0 - CIVIL ENGINEERING Task No. 4.10 - Grading and Paving KPFF shall-develop preliminary wall profile for grading of sidewalk facilities for Christensen Road, adjacent to Riverview Plaza, to accommodate grading. Work will include assessment of retaining wall type, and then development of PS &E for selected retaining wall. KPFF shall develop preliminary wall profiles for miscellaneous walls along the pedestrian facility west of the west bridge landing to accommodate grading. Wall type is anticipated to match selected wall type chosen for the Christensen Road section. Task No. 4.20 - Utilities KPFF shall coordinate with SPU to show the Cedar River Pipeline No. 4 on the basemap. Facilities will be located based on existing structures. Limits of concrete encasement will be shown. Encasement for wet end located by centerline of original alignment of West Valley Highway will be located by offsets from west end, since West Valley Highway alignment has been redefined. Records research will be done with WSDOT for SR181 (West Valley Highway) to define any improvements done to protect record gaps between protection for river crossing and protection for SR181. 192 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 8 TASK No. 5.0 - ENVIRONMENTAL AND PERMITTING SERVICES Landau Associates will provide supplemental environmental and permitting services for this project. The scope of services is based on discussions with and information provided by the U.S. Coast Guard (USCG) regarding bridge permitting requirements, a City of Tukwila (City) Shoreline Planner and a Washington State Department of Fish and Wildlife (WDFW) Area Habitat Biologist regarding impacts to trees adjacent to the Green River, and 30 percent plan review documentation referencing an illumination study associated with proposed bridge lighting. Project Background The City plans to construct a pedestrian/bicycle pathway between the intersection of Baker Boulevard and Christensen Road on the west side of the Green River to the west shoulder of West Valley Highway. During our initial site review to support project scoping in 2011, it was determined that the Green River was not a Section 10 Rivers and Harbors Act navigable waterway subject to U.S. Army Corps of Engineers (USACE) regulatory oversight. After further research and initial agency coordination during contract review, however, it was determined that the Green River is considered a navigable waterway subject to USCG bridge permit (General Bridge Act). The initial effort for addressing the USCG bridge permit application anticipated that the application would be made with the JARPA based on review of the Governor's Office of Regulatory Assistance (ORA) website in 2011, which would be a typical and cost- effective approach, particularly since preparation of the JARPA is included in the design teams approved scope of work. Based on recent discussion with the USCG, a project - specific decision is being made to require a Navigation Survey as part of the permitting process. The Navigation Survey is identified as a recommended, but not required, element of the bridge permit application in the USCG Bridge Permit Application Guide. The purpose of the Navigation Survey is to identify the type and clearance requirements for watercraft that utilize the waterway in the project area. In addition, the USCG has indicated that the application should include a cover letter formatted to the USCG Bridge Permit Application Guide, which is presented similar to a checklist form. In addition, pre - application coordination with a WDFW Area Habitat Biologist and a City Shoreline planner has identified the need to assess impact to riparian vegetation on the 16113 West Valley Highway property as a result of the proposed project. The City shoreline code specifically references retention of non - invasive trees, particularly those that provide shading to the river. A project survey has been completed to identify tree location and diameter, however tree height and crown spread needed to determine extent of shading has not been determined. Furthermore, the project survey provides identification of trees as either conifer or deciduous, but does not appear to indicate species needed as part of determination of invasive species. Landau Associates understands support is needed in determining characteristic of trees in the vicinity of the proposed project. 193 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 9 Bridge lighting concepts are indicated as being under consideration in the 30 percent design review submittal, and the submittal acknowledges further study is needed to determine how proposed lighting would impact the river and surrounding properties. The results of such a study will be required to be incorporated into SEPA and shoreline permitting. Determination of lighting impacts is not included in Landau Associates existing contract, and it is understood that support in completing the study will be required. Task No. 5.10 - USCG Navigation Survey and Bridge Permit Application The purpose of this task is to conduct the required Navigation Survey and prepare the General Bridge permit application materials to USCG standards. To conduct the Navigation Survey, Landau Associates will contact local waterway users /managers to determine the type and characteristic of watercraft common to the stretch of the Green River affected by the proposed project. Contact with local waterway user groups /managers will include: • City officials • City Chamber of Commerce • WDFW • USACE • Port of Seattle and select number of tenants. Landau Associates will document findings into a memorandum format that will include a summary of methods and results. Landau will also prepare the application cover letter formatted to the USCG Bridge Permit Application Guide. Landau will prepare draft documentation for review and comment by KPFF and the City, and then final documentation. Assumptions: • No team meetings or onsite meetings with waterway user groups are included in this scope of services. • Contact with no more than three Port tenants will be required as part of the Navigation Survey. • Waterway user group survey will be limited to email /phone correspondence. • Vessel traffic from the Port does not pass downstream of the Duwamish River Turning Basin (i.e., approximate River Mile 6). Deliverables: • An electronic (MS Word) copy of the draft Navigation Survey memorandum and application cover letter. • An electronic (Adobe PDF) and one paper copy of the final Navigation Survey and application cover letter. 194 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 10 Task No. 5.20 - Tree Assessment Landau Associates will conduct a tree assessment on the 16113 West Valley Highway property within 50 feet of the proposed bridge alignment and bridge landing. For the assessment, Landau Associates will identify the species, approximate height and crown spread, and general age class and health of trees identified on project survey. Landau will also conduct an assessment of the approximate extent of shade provided by identified trees. The shade assessment will be based on analysis of the height and crown spread of trees and altitude of the sun at 8:00 a.m., 10:00 a.m., and noon, on the Winter Solstice (i.e., altitudes with potential to provide the maximum extent of shade over the Green River). The extent of shade for each identified tree will be modeled using AutoCAD software. Landau will amend the project survey to identify tree species, required tree protection zone, approximate extent of shading provided by identified trees. Methods and results of the tree assessment will be summarized in shoreline permitting documentation included in Landau Associates' existing contract. Assumptions: • Determination of age class will be made following shoreline permitting requirements (i.e. young, mature, over mature). • Tree assessment field effort will require a single site visit by two Landau Associates staff members and will take no more than 8 hours to complete. • The City will arrange for any necessary right of entry to complete the tree assessment. • Landau Associates will be provided with AutoCAD survey files, including LandXML files. Deliverables: • Draft and final tree assessment documentation to be incorporated into shoreline permitting documentation included under existing contract. Task No. 5.21 - Biological Assessment KPFF civil engineers shall establish revised bridge alignments to accommodate WDFW request to save two large Douglas -Fir trees located along the east bank of the Green River. Two alignments will be created, one to clear only the tree located furthest to the south, and another to clear both large trees. 195 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #1O Page 11 Task No. 5.30 - Lighting Study Support Landau Associates will provide support to KPFF in developing the lighting study associated with proposed bridge illumination. Because lighting concepts are under development, the needs for completing the lighting study are yet to be determined. As a result, Landau Associates is including a level of effort to include no more than 2 hours of Associate, 16 hours of Senior, and 8 hours of Senior CAD support as a placeholder budget for this to -be- determined scope. As requirements of the lighting study are developed, Landau Associates will communicate the anticipated level of effort associated with delegated tasks and will identify any need for budget modification when the scope is better defined. Deliverables: • To be determined 196 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 12 TASK No. 6.0 - HYDRAULICS Watershed Science & Engineering (WSE) shall provide hydraulic support to the bridge design as necessary, and shall perform a no -rise evaluation. Specific tasks proposed for this investigation are described below. Task No. 6.10 - Site Inspection and Meeting WSE will visit the site of the proposed bridge. It is assumed access will be available along the east bank of the river, at the present homestead on West Valley Highway (WVH) and where the east abutment and connection to WVH will be located. Budget is also included for one meeting with KPFF staff and /or City personnel as needed. KPFF civil engineers shall Meet with City Shoreline Permit representative and discuss city requirements for establishment of survey needs, river cross sections and 100 -year flood plain delineations necessary for permit review. Task No. 6.20 - Review Existing Data WSE will obtain the latest King County 100 -year HEC -RAS hydraulic model of the Green River, and become familiar with the model layout and assumptions in the reach of the proposed bridge. WSE will also obtain the latest project plan set from KPFF and any other data necessary to adequately represent the layout and elevations of the bridge alternative(s). Any basemap or topographic data acquired or collected by KPFF will also be provided to WSE. Task No. 6.30 - Update Baseline Hydraulic Model Available topographic data will be used, either from County LiDAR or KPFF surveys, to update the hydraulic model at the site of the proposed bridge. Additional cross - section(s) will be added to the model to establish reliable hydraulic results at this location. Channel bathymetry from upstream and downstream cross - sections will be interpolated and adjusted to establish reasonable bed data for the river channel. Roughness values at the new cross - sections(s) will be selected based upon the site visit and such that the established upstream profile in the existing King County modeling is not changed significantly. Task No. 6.40 - Simulate Bridge Alternatives Budget is allowed for simulating and evaluating two distinct alternatives for the proposed bridge design, under 100 -year flood conditions. These can either be evaluated simultaneously as part of an alternatives selection process, or as a single preferred alternative followed if necessary by a revised design should the original simulation result in unacceptable rise or impact. 197 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 13 Task No. 6.50 - Evaluate Impacts WSE will process the results of the model runs, including determining the design water surface profile and the with - project profiles under each bridge alternative. WSE will consult with and present the results of the model runs to KPFF. As budget allows, slight refinements to each bridge alternative will be tested with the model, as needed to establish no -rise. Task No. 6.60 - Summary Memorandum A brief technical memorandum or letter will be drafted to summarize the hydraulic analysis and the modeling results. Assuming the results demonstrate no -rise, this will also be reported in a format as needed by the City of Tukwila. Upon KPFF review and comment on the draft memo, a final document will be prepared and submitted. Task No. 6.70 - Survey for Hydraulics KPG shall provide the following survey tasks related to river hydraulics: Subtask No. 6.71 - River Cross Sections Mapping shall be provided at the proposed river crossing location. This information will be provided to the hydraulics consultant for incorporation into the hydraulic model, and to generate cross sections. One (1) day of 3- man field crew is allocated for this task. KPG will survey 2 sections for the • bridge, one south and one north of the proposed crossing. The northerly cross section will be near the storm drain outfall at the north end of the Nelson Parcel. Shots for an additional cross section or along the toe of the bank can be obtained if time permits. Subtask No. 6.72 - Convert 86 Add FEMA 100 Year Flood Line to Base Map Placement of the 100 year flood plain shall be established as defined by FEMA mapping in the base map correlated to the project datum. No field work is anticipated in this effort. 100 year flood plain will be obtained from current Flood Insurance Rate Maps (FIRM), or other available resource. Task No. 6.80 - Establish 100 -Year Floodplain (KPFF Civil) KPFF civil engineers shall obtain the 100 -year floodplain elevation based on FEMA mapping and cross sectional data on the Green River, and convert data to current survey datum. The FEMA floodplain elevation shall be shown per FEMA river section data on- Nelson Parcel. The FEMA floodplain elevation of Riverview Plaza site shall be shown. KPFF shall also work with the City to clarify applicability of FEMA floodplain elevation for the Riverview Plaza site, as FEMA mapping does not show the current levee around the site. 198 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 14 TASK NO. 7.0 -NOT USED TASK No. 8.0 - RIGHT OF WAY ACQUISITION It is assumed federal funds are participating in the project, particularly the Right of Way phase, therefore Universal Field Services, Inc. (UFS) will complete all Right of Way services in accordance with the City of Tukwila (City) and Washington State Department of Transportation's (WSDOT) approved Right of Way Acquisition Procedures, the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act (URA), WSDOT Local Agency Guidelines - Section 25 (Right of Way Procedures), and the Washington Administrative Code (WAC 468- 100) state Uniform Relocation Assistance and Real Property Acquisition. The project primarily consists of business use properties. Based on schematic drawings and exhibits, and discussions with KPFF, it is assumed up to eight (8) separate tax parcels (includes City of Tukwila) will require various real property rights, as shown in Table A. It is assumed there will be one (1) residential occupant displaced by this project. According to the City, the owner (Nelson) of the residential site recently purchased another residence, possibly because of the pending project. Relocation eligibility and entitlements are subject to discussions with the City and the owner. This scope of work will assume the property owner is displaced by the project. Additional parcels or real property rights other than those shown in Table A will require an amendment to this scope of work and related fee estimate. Right of Way plans are not available for review and use at this time. This scope of work is based on the following: • Discussions with the City's design team KPFF. • Recent tour of the project limits. • Review of limited public on -line information (mapping / ownership information) . • Preliminary Schematic Drawing and Exhibits - Right of Way plans not available. Task No. 8.10 - Preparation and Administration Discuss, strategize and plan overall process with the City, KPFF and UFS staff. Attend project kickoff meeting and up to six (6) progress meetings at the City's office. Progress meetings can be facilitated by conference calling if preferred. Provide up to twelve (12) monthly progress reports indicating the work completed for the invoiced month, anticipated work for the following month, and identify issues requiring the City's input or assistance. UFS will provide sample acquisition and relocation documents for the City's review and approval for use. The City's pre- approved forms will be used when provided. When appropriate, prepare parcel files to include fair offer letters, acquisition and ancillary documents, a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. 199 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 15 Deliverables: • Attend Project Kickoff Meeting - City office • Attend six (6) Progress Meetings • Provide twelve (12) Progress Reports • Coordinate City approval of Acquisition and Relocation forms for project use • Prepare parcel acquisition files for negotiations Task No. 8.20 - Title /Ownership Review Subtask No. 8.21 - UFS Title /Ownership Review Obtain title reports from the City or KPFF and perform reviews of existing right of way and ownership information. (If requested, UFS will order title reports or any updates). Review special exceptions described in each title report to determine the City's acceptance of title at closing. Provide the City with a parcel summary memo listing ownerships, title exceptions, etc. Deliverable: • Prepare parcel summary memo listing ownerships, title exceptions, etc. Subtask No. 8.22 - Review 10 Additional Title Reports, Plot Easements The original scope included 3 title reports comprised of two Riverview Plaza parcels and the Nelson property. Additional title reports for KPG review include: • Four (4) title reports for two additional Riverview Plaza parcels, City trail parcel, and the Seattle Public Utilities right of way. Any plotable easements shall be added to the base map. • Four (4) title reports for parcels at all four corners of the intersection of Baker Boulevard and Andover Park East to verify easement. Review of title reports to verify easements for sidewalks that appear to extend past the right of way. Any plotable easements shall be added to the base map. • Two (2) title reports for parcels at the northwest and southwest corners of the intersection of Baker Boulevard and Christensen Road. Review title reports to verify easements for sidewalks that appear to extend past the right of way. Any plotable easements shall be added to the base map. 200 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 16 Task No. 8.30 - Data Collection and limit Identification Subtask No. 8.31 - Determine Right of Way (KPG) The east right of way line of West Valley Highway and the south boundary of Seattle Public Utilities right of way south of the Nelson parcel will be determined and added to the base map. Subtask No. 8.32 - Right of Way Limits and Easements (KPFF Civil) KPFF civil engineers will identify limits of right of way takes, as well as temporary and permanent easements for the project. Limits will be provided to the survey team, and the right of way acquisition team, for legal description and exhibits for use by the right of way acquisition team. Subtask No. 8.33 - Temporary Right of Entry /Access Permit As part of the feasibility planning and preliminary design phase for the project, the City and the consulting team may require temporary access to gather pertinent information for investigational geotechnical, environmental studies, hydrology, and land survey purposes, etc. It is intended Right of Entry (ROE) Permits will be inclusive of all purposes as stated in this task. It is assumed property owners will not be compensated for the temporary grant of access and all properties will be left in the same condition as was prior to entry. See Table A below for parcels requiring ROE Permits. The City or KPFF will provide exhibits as attachments to each permit depicting the extents of the ROE area. Deliverable: • Obtain one (1) Right of Entry Permit due to common ownership. Subtask No. 8.34 - Legal Description and Exhibits for Acquisition Eight (8) Legal descriptions and exhibits shall be prepared for right -of -way acquisition. • Prepare legal descriptions and graphic exhibits for temporary easements as well as for permanent easements for each of the four Riverview Plaza parcels (8 legal descriptions). • Provide staking or painting of easements for viewing purposes. Deliverables • Updated Survey Project Base Map (two hardcopies, one electronic copy) • Copies of title reports • Acquisition legal descriptions with graphic exhibits 201 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #1O Page 17 Task No. 8.40 - Public Outreach Assist City in preparation of a boilerplate "Introduction Informational Letter" for delivery to all impacted property owners. The letter will describe the purpose of the project, the project schedule, identify the City's consultants (Engineering, Land Survey, Right of Way Acquisition /Appraisal) and the purpose of each. Deliverable: • Boilerplate "Introduction Letter" for delivery by City to all impacted property owners via regular U.S. Mail. UFS will assist with delivery if needed. Task No. 8.50 - Project Funding Estimate UFS will sub - contract and manage completion of the Project Funding Estimate (PFE) with our WSDOT approved project appraiser. Generally, the PFE is a tool to be used for confirming estimated Right of Way costs and primarily for consideration of utilizing the Appraisal Waiver process when the estimated amount of just compensation to property owners is at or below the City's WSDOT approved Appraisal Waiver limit and when the acquisition is uncomplicated. The PFE will be prepared in accordance with the City's WSDOT approved Right of Way Acquisition procedures, and WSDOT's Local Agency Guidelines - Section 25 (Right of Way Procedures). As part of the PFE, individual parcel worksheets will be prepared to estimate the amount of just compensation using comparable sales data and information obtained from project Right of Way plans. Estimated amounts of just compensation from each parcel worksheet will be entered into a project summary worksheet to include other items of right of way related costs for review and use by the City. UFS will coordinate with the City to determine which parcels qualify for the Appraisal Waiver process. Based on discussions with KPFF and review of preliminary schematic maps and exhibits, up to eight (8) separate tax parcels may be impacted by the project. Subject to completion of the PFE, it is assumed up to three (3) Appraisal and Appraisal Review reports, and five (5) AOS worksheets may be required. Total number of Appraisals is subject to change based on project design revisions, confirmation of the larger parcels, complexity of each acquisition, estimated amounts of just compensation determined in the PFE, and upon requests from property owners when administrative offers are presented. Upon completion of the PFE, UFS will coordinate with the City and submit to WSDOT for review. 202 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 18 It is recommended the City complete all Environmental Site Assessments (ESA) prior to completion of the PFE to better estimate the potential related project risks and costs. Estimated clean -up costs for contaminated parcels should be ascertained prior to commencing Appraisal and Appraisal Reviews as discussed in the Appraisal and Appraisal Review task. Deliverables: • Project Funding Estimate (PFE) Task No. 8.60 - Relocation Plan A relocation plan will be developed based on WSDOT's Right of Way Manual and LAG Manual Section 25. According to the City, the owner (Nelson) of the residential site recently purchased another residence, possibly because of the pending project. Relocation eligibility and entitlements are subject to discussions with the City and the owner. This scope of work assumes the property owner is displaced by the project. It is assumed there will be one (1) residential owner - occupant of a single family home displaced as a result of this project (see Table A). UFS will develop a relocation plan resulting from personal assessment interviews with the occupant(s) to determine their needs for replacement sites; research potential replacement sites through discussions with local real estate brokers, search the multiple listing service, local newspapers, internet sites and publications; prepare initial pre -move inventories and estimates for moving costs and relocation entitlements. Upon completion of the Relocation plan, UFS will coordinate with the City and submit to WSDOT for review and approval. If additional displacements are subsequently discovered, the Relocation Plan will be amended by UFS and submitted to WSDOT for review and approval. Additional relocations will require an amendment to this scope of work and related fee estimate. Deliverable: • Relocation Plan Subtask No. 8.61 - FHWA Funds Authorization for ROW Shortly after the Right of Way Plans (prepared by KPFF), the PFE, and Relocation Plan have been submitted to WSDOT and assuming NEPA clearance has been obtained, the City would typically receive a letter from FHWA through WSDOT Highways and Local Programs authorizing the use of federal funds to acquire Right of Way. This letter of authorization is required in order for the City to receive federal funding participation and reimbursement for costs incurred with Appraisal, Appraisal Review, Acquisition Negotiations, and Relocation Assistance services. Deliverable: • For informational purposes only 203 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 19 Task No. 8.70 - Appraisal & Appraisal Review Upon completion of the PFE and the City's receipt of authorization from FHWA to use federal funds for Right of Way acquisition, UFS will coordinate with the City to determine which parcels will require Appraisal and Appraisal Reviews. Universal will subcontract and manage the Appraisal and Appraisal Review process with appraisal firms previously qualified by WSDOT and certified by the State of Washington. Appraisal reports will be completed by the Appraiser discussed in the Project Funding Estimate task. The Appraisal and Appraisal Review reports will be prepared in accordance with the Uniform Standards of Professional Appraisal Practices, Washington State Department of Transportation (WSDOT) Local Agency Guidelines, current WSDOT Right of Way Manual (in particular, Chapters 4 and 5), and the URA. Subject to completion of the PFE and City direction, it is assumed up to three (3) Appraisal and Appraisal Review reports may be required. Total number of Appraisals and Appraisal reviews is subject to change based on project design revisions, confirmation of the larger parcels during the PFE process, complexity of each acquisition, estimated amounts of just compensation determined in the PFE and at the request of property owners when administrative offers are presented. UFS staff to attend all appraisal inspections (3 each) to ensure the property owner understands the real property rights being appraised, ascertain what is personal property and real property, and to help build the trust and rapport needed during negotiations and to assist in reaching amicable agreements. Appraisal scope of work and expenses thereof for specialty studies exclude: hazardous materials research, testing and estimating (ESA Phase 1, 2, or 3), parking modification estimates, irrigation modifications, business sign relocates, etc. UFS will prepare Administrative Offer Summary (AOS) worksheets for qualifying parcels, in lieu of Appraisals. Offers to property owners that are based on AOS worksheets are considered Administrative offers (see note below). 204 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 20 Note: For offers exceeding $10,000 and less than $25,000, property owners must be informed if the offer is not based on an Appraisal and that one will be prepared if requested. If the property owner elects, an appraisal report together with a corresponding appraisal review report must be completed and a revised offer considered. This requirement may have an impact on the approved right of way budget and project schedule. Deliverables: • Three (3) Appraisal reports in accordance with the Uniform Standards of Professional Appraisal Practices, Washington State Department of Transportation (WSDOT) Local Agency Guidelines, current WSDOT Right of Way Manual (in particular, Chapters 4 and 5), and the URA. • Three (3) Appraisal Review reports in accordance with the Uniform Standards of Professional Appraisal Practices, Washington State Department of Transportation (WSDOT) Local Agency Guidelines, current WSDOT Right of Way Manual (in particular, Chapters 4 and 5), and the URA. • Five (5) Administrative Offer Summary (AOS) worksheet Task No. 8.80 - Acquisition Negotiation, Relocation and Closeout Subtask No. 8.81 - Acquisition Negotiation Acquire real property rights from up to eight (8) separate tax parcels (including City of Tukwila) as shown in Table A below. Appraisals, Appraisal Reviews, and AOS worksheets completed in the Appraisal & Appraisal Review task will be submitted to the City for written approval establishing the amount of Just Compensation to the property owner. Upon written approval from the City, UFS will prepare the offer package(s) and promptly present offers to purchase all the required real property interests and negotiate in good faith to reach a settlement with each property owner(s). Offers will be presented in person when at all possible. Negotiations will be conducted in accordance with statutory and regulatory requirements and will include: Coordinate administrative settlement approvals with the City; Negotiate as necessary with lien holders, assisting escrow in the closing process; Prepare and maintain parcel files to include fair offer letters, acquisition documents, a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. Negotiations shall not be deemed to have failed until at least three significant meaningful contacts have been made and documented with each owner and /or their representative through direct personal contacts. Out - of -area owner(s) will be contacted by telephone and by certified mail. If negotiations reach an impasse, UFS will provide the City with written notification. The filing and cost of condemnation proceedings shall be the responsibility of the City. 205 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 21 Deliverables: • Acquisition Negotiation services with owners of up to eight (8) separate tax parcels. • Completed parcel files including necessary records of all Right of Way Acquisition services. Subtask No. 8.82 - Relocation According to the City, the owner (Nelson) of the residential site recently purchased another residence, possibly because of the pending project. Relocation eligibility and entitlements are subject to discussions with the City and the owner. This scope of work assumes the property owner is displaced by the project. It is assumed there will be one (1) residential owner- occupant of a single family home displaced as a result of this project. Universal will provide Relocation Assistance and Advisory Services under the guidelines of the federal URA, WSDOT LAG Manual - Section 25 and the City's approved Policies and Procedures, as directed. Relocation services are generally outlined as follows: • Inform displaced occupants, in writing, of their potential displacement, eligibility, entitlements, and provide an explanation of their relocation benefits. • Assist in search of replacement site(s). • Assist displaced occupant(s) in filing relocation claims for payment. • Maintain a current relocation diary for each displaced occupant. • Maintain necessary records to support state audit of the relocation services portion of the project. Deliverables: • Relocation Advisory and Assistance Services for one (1) residential owner- occupant. • Completed relocation assistance files. Subtask No. 8.83`- Parcel Closeout - Escrow Closing Upon securing required acquisition agreements, UFS will submit the necessary acquisition documents and closing instructions to the designated Title /Escrow Company. Work with the Title /Escrow Company in order to obtain release documentation from the encumbrance(s) of public record that are not acceptable to the City in order to provide clear title to the property being acquired, subject to the City's title clearing guidelines. The Escrow Company shall prepare and obtain the owner(s) signature on the necessary closing documents. UFS will coordinate signatures on closing documents for submittal to the City and payment(s) to the owner(s); coordinate with the Escrow /Title Company in filing documents with King County. 206 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 22 Deliverable: • Deliver completed original Acquisition and Relocation parcel files to the City Task No. 8.90 - Right of Way Certification Since there are federal funds participating in the project, Right of Way Certification will be coordinated and completed through WSDOT. Right of Way acquisition and relocation files will be prepared and completed to the satisfaction of a WSDOT Right of Way review to support federal aid participation. UFS will further coordinate right of way activities with WSDOT's Local Agency Coordinator, Mr. Tom Boyd, as needed throughout the project. Additional Work If other tasks are required to be performed or there are changes in pertinent information or if negotiations exceed the industry standard for a good faith effort to negotiate (three "in- person" landowner contacts), UFS reserves the right to request additional compensation as an equitable adjustment. UFS shall not be responsible for delays caused beyond its control. Assumptions: The City / KPFF will provide the following: • Exhibit maps to accompany Right of Entry Agreements • Preliminary Commitments (Title Reports) for all parcels shown in Table A. If requested, UFS will order title reports or any updates. The title company will bill the City directly for each report. • Approve designation of the escrow company used for this project. The escrow company will bill the City directly for all escrow services provided. • Right of Way Plans and Drawings, Maps, Exhibits, Right of Way Staking, etc., as necessary. • The necessary Environmental Site Assessments prior to commencing the PFE as discussed in the Project Funding • Estimate task. • Legal descriptions in electronic format for all real property rights to be acquired. • Form approval, in electronic format, of all legal conveyance documents prior to use (i.e. offer letters, purchase and sale agreements, escrow instructions, easements, deeds, leases and permits). • Review and approval of all determinations of value, established by the project appraisers. Provide written authorization prior to offers being made to property owners. 207 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 23 • Review and approval of all relocation entitlements prior to presentation to the displaced person. • Payment of any and all compensation payments to property owners, recording fees, relocation payments, legal services and any incidental costs which may arise necessary to complete each transaction. • Send "Introduction Letters" to property owners as necessary. 208 Exhibit A - Scope of Work Tukwila Urban Center, Pedestrian/Bicycle Bridge - Supplement #10 Page 24 Notes: 1. According to the City, the owner (Nelson) of the residential site recently purchased another residence, possibly because of the pending project. Relocation eligibility and entitlements are subject to discussions with the City and the owner. 2. It is assumed parcels 3a /3b and 4a /4b are correctly identified as larger parcels. 3. AR (Appraisal and Appraisal Review) / AOS (Administrative Offer Summery - in lieu of Appraisal) TABLE A PARCEL ACQUISITION Nox'arcl No Taxpayer J Uwnerurrent�Use � i 1 000580 -0033 Nelson Single Family Residence X (See Note 1) AR 2 252304 -9081 City of Tukwila River Trail To Be Determined AOS 3a 252304-9039 (north) 252304-9039 (south) BRCP Riverview Plaza LLC Office Building X X X AR 3b Office Building X X 4a 252304-9077 (north) BRCP Riverview Plaza LLC Office Building To Be determined AR 4b 252304-9077 (south) Office Building X X 5 252304 -9078 BRCP Riverview Plaza LLC Office Building X AOS 6 252304 -9048 Seattle Public Utilities Water Utility X X AOS 7 022310 -0040 Park East Real Estate LLC Office / X X AOS 8 022310 -0099 Andover Plaza LLC Retail X X AOS Notes: 1. According to the City, the owner (Nelson) of the residential site recently purchased another residence, possibly because of the pending project. Relocation eligibility and entitlements are subject to discussions with the City and the owner. 2. It is assumed parcels 3a /3b and 4a /4b are correctly identified as larger parcels. 3. AR (Appraisal and Appraisal Review) / AOS (Administrative Offer Summery - in lieu of Appraisal) 210 Hour Summary 000 KPFF Consulting Engineers ENGINEERING COST ESTIMATE: Tukwila Urban Center - Pedestrian/Bicycle Bridge, Supplement No. 10 r,inPldn'il'.. 07 KPFF LIES kLa Odau „� ULTIPLIER: Ile m SCOPE OF WORK 2.7516 ULTIPLIER: MULTIPLIER: MULTIPLIER: MULTIPLIER 2.9317 2.0210 2587 2.9656 TOPOGRAPHIC AND BOUNDARY SURVEY KPG WiittaNW Labor Subtotal Reimbursables Stitattattg fi."6 ip1?n7OMG "rJti Nd1 it Reimbursables $558.78 $1.870.04 0623.35 $3,741.19 $0.00 $0.00 $0.00 $0.0o 90.00 $0.00 00.00 $0.00 00.00 +40.00 0859.79 $951.41 01,811.20 $6.640,00 00.00 $0.00 80.00 00.00 00.05 R8 $0,00111 r<„ 00.00 00.00 80.00 4yr 44.00001,,,,.. 0000 00.00 $0.00 80.00 80.00 80.00 1?v',E f p40,00 +nr2lIN $0.00 00.00 $0.00 Eby rlli %80 00110 $0.00 00.00 $0.00 $0.00 INESIOWN 00.00 00.00 00.00 141100'400AVA 3,741.19 6 '10rr'!''4 ;^,S `'t�aISYY." 03,805.64 7 ,000 7N0 d X047 717M ak B.l':0'�0iu7`,70"aa77y7!el Y,94MINadiktta `7 CIVIL KPFF Labor Sublota Reimbursable NA" tr MN 79 IliOYdlll` f'v>' E `7010 1,M Nbi '6Yei(t''4 Labor Subtotal: Reimbursables pIi0M 119fd'd !'70 "i}and"�'H"»W1aa"`�"tim md72 44,11.0117 Y^011'„i i61P11,470!,�Y,IWr' 'fr.� 't' !$ 14157' A .`P74774 "s! YilPl iu,S 41i7i,4' tu"��t4'1Y8�Y Labor Subtotal: Reimbursables I.64i0Y7004 y. CON r.4ti' lsra "4 Nulr47.; 770'1!: i7'i40 0010 NOT USED ' Labor Subtotal Reimbursables iP 7747 °I, „ "ra9rroi4N474v 77dkt4W¢"wkY7a 49son riav; 777 c17k'7767u77fttetp07'rS "ati'',YWO Labor Subtotal'. Reimbursables RIGHT -OF -WAY ACQUISITION UNIVERSAL FIELD SERVICES A 41 $279.40 $279.40 $838.19 02,565.59 0343.95 $2,057.43 $1,866.91 $2,844.71 $2,057.43 02,057.43 $5,760.42 02.565.59 023,516.44 $0.00 $27,538.01 $7,137.21 934,675.22 $0.00 $0.00 00.00 $4.902.03 00.00 04,902.03 00.00 $2,185.54 $0.00 $0.00 $0.00 90.00 $0.00 so.00 $0.00 50.00 $2,616.22 94,801.76 50.00 00.00 50.00 90.00 00.00 00.00 1 05,104.64 $3,168.16 51,847.53 $0.00 00.00 8000 00.00 $0.00 $0.00 00.00 $0.00 $0.00 $13,925.96 -,: 4120.00 00.00 50.00 80.00 7.i 00.00 4 ,,, $0.00 $0.00 $0.00 $000 $0.00 „ 00.00 00.00 30.00 $0.00 00.00 $0.00 00.00 $2,810.78 $392.50 00.00 93,203,28 20$0.00 , , 00.00 50.00 00.00 00.00 ✓ $0.00 moo 00.00 00.00 $0.00 ,Ttilt so.00 $0.00 $0.00 00.00 $0.00 so 00 00.00 $0.00 $0.00 $0.00 00.00 80.00 $0.00 00.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 90.08 90.00 4,44,4440.00444A444 ml $0 00. (1154;0 00.00 00.00 80.00 -4444440.00444.44,4 00.00 00.00 00.00 $0.00 90.00 44444444$0,04444442 00.00 00.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0000 00.00 90.00 .4 °0000 5, 80.00 00.00 00.00 ,r1Y:;0000nrr %7t AELTLE 00.00 00.00 00.00 44 / {,t 9000„ rLyl:, $7,485.23 $10,010.73 $0.00 03,200.04 020,696.00 r8.i74104,04 t $0.00 $0.00 $0.00 $0.00 00.00 00.00 $000 $0.00 00.00 $0.00 90.00 00.00 00.00 $0.0o N V 4.60 .04 /Yr.:(ilE,. $0.00 $0.00 00.00 $0.00 $0.00 00.00 $0.00 $0.00 $0.00 9000 00.00 2222492091 00.00 80.00 00.00 3rvr6"U'1vn471140''1' "5 $0.00 90.00 $0.00 00.00 moo 81160544?P7rF0.'10','v101,1 01,200.00 $680.00 01,360.00 $1,720.00 $1,510.00 $3.510.00 $0.00 00.00 $0.00 80.00 99,980.00 1747.4:41 25,102.071 90.00 moo 90.00 100004744 4.44"7 l 30.00 $000 o t ,"•'"'444"' +IJ' " ",, 170610 4d'u'1,1'o. &a1re EL '414 "5'm `erctJk l47 Pi' ul ^,C',,77474 0t 4180 40"" -$"'30 m+N9m"P; -„ 71300 y Uo 'fl40.9xM1Po1,7im' Pkg. 1:1777FP■1 30 1EFTE .....,D., 7 $836.61 $1,782.02 $0.00 $0.00 00.00 $0.00 $0.00 00.00 kaiiiita MU IA Arrffiyam 00.00 90.00 30 .0 0 $3,600.83 r o1470 01t4,aj;; n g $0.00 00.00 $0.00 90.00 $0.00 00.00 M.,.r 1 ,:t.Yly.,'..QC4ti 24,02 386342 44. 624 ," 'Rd St ,kinis36107 0 7 o 000 00000 000 a fib -, 717 f 0A100 ST 17 I04 $0.00 $0.00 $o.00 50.00 50.00 00.00 00.00 00.00 00.00 $0.00 00.00 $0.00 00.00 $0.00 00.00 00.00 00 .0 0 Labor Subfo 00 0.00 Roo 14,377.22 arbu 00.00 abor Sum Reimbursables Firm Total DESIGN TEAM TOTAL Rte: 2013.11.20 Tukwila Supp. 10_COmbined Fee Es9m41a,oIs $0.00 9806.38 93,282.48 'I CREW "g0t4.4 BIZ= REMY $3,981.86 00.00 $0.00 00.00 $0.00 $0.00 $0.00 00.00 00.00 06,496.95 $0.00 00.00 .00 $0.00 0.00 $0.0 00 5930.16 $0.00 00.00 910,204.61 046,85 0.00 30500 „r,94218478044 ;44 15r7y40.004 $86,013.86 $29,145.06 $0.00 $6,760.00 $21,847.80 .6886,018;86,,7 .,835,805 061 x$6870 64 1,,57 7/,/ ;r a ,8 22144939, ^:rt>h''�1',w ?'da„�7`x`�'ffl ?ii!!NY 0000 46,852.84 - 0020,696.00 $9,980.00 04.04 $19.78 0 04 d l 4001144 Page 1 of 1 "R.FripPipreffl'if k 4 newMplIpl 0AV zoligOo gdgkrftkeYAWaMmadsOkMbWmuomoNaaaVozyggn POROVVI 01,60,1r EXHIBIT E-1 KPFF Consulting Engineers CONSULTANT FEE DETERMINATION SUMMARY OF COST ter 5,11Pedestrian/Bicycle"-Wmpor, :kfamteffrAmidegiamaktt,,, salaokuji: Classification -,--Tyamporerl Charae TM merwmi pi w, ma,A Akelaiddinfab, '41SPAI.Rprally0 r ,--laufflOWSOw pROM9Vier fe,molowo fte evom00 irs0 tnistratt 1400"041,46,f,,,,„4 '4141451410141 Overhead (OH) Cost OH Rate x DSC of Fixed Fee (FF) FF Rate Reimbursables Mileage Reprographics Subcontract Subtotal Total Hours X , Supplement 6116,/grAge ArAtioMEMOdateilaVailkiand Rate 22.00 X mAgAdat, 0.00 x 272.00 X g 40.00 X 4f: 236.00 X VI 180.00 x 10.00 X latildit 1o, 0.00 X Me: oh .. /ON FAM4461 4000, (1111 MiIS ) 06, Subconsultant Costs (See Exhibit G) DSC Subtotal Cost $1,375.00 $0.00 $13,809.44 $1,730.80 $7,762.04 $6,334.20 $248.10 $0.00 $31,259.58 $31,259.58 $31,259.58 ask) $45,376.41 $9,377.87 $0.00 $135,405.53 GRAND TOTAL: $221,419.39 Date: 11/20/2013 211 212 Hour Summary KPFF Consulting Engineers ENGINEERING COST ESTIMATE: Tukwila Urban Center - Pedestrian /Bicycle Bridge, Supplement No.10 y6=4,7 irieraola 70'ikuOT,4 ■■■•••■■■ V:■I=M■MME ■1■ 90.00 IMIMEMIN 1 �, ,r q �� /• y, "�k1r;.'rol 1� /'?k .4 "6gi " " +1d7e'. &pH ";4 �kl/ Yet,;,; �zd N 1 1 49 as d77 1tP 4 Na" �111•1111=001111110 3'z " w�$�31d • ^ taRf' 1m���`'.a3F M111111111110011•10111111111111MIM a�am�aaM aammmmaa MIEMIMMIMmIIIMI■M1111111111 EMI Ell la 11=113:1221MTIIIIM - as ®ammaa - _- _- _- _- _ -__ -�_ - �m - -m-_ aamaamaa r 06,160-'! m,B w 6199961 4 x11 14,N 4Y r:11i F:. N e4n99)449 `.p61 9NJ91 i'1;`M9+ r e*r"6994909 kC'.;"1'w r,Y'�611161;�9O99 •® 4496163« 11494 „�991a8'� 49 dRr vi.4961 49••� 60.00 46 :' 1V1b,p;00 N� r 617199dii009911 N��•� 90.00 999 sus y 464 1 rS61U14 1 + +N aV }NRC "1MM��.. 90.00 Y, spr49 y „r q „t^8�a79M6161aN. 6a a +wi'a "lam"aS'q t <;B: "'7m.abta��M��a∎� 9000 464601 99961 a 90 ' X499 o 9 r.9 99449 k V ��7C/611 INEI- -- 9GAO __ -___ -- 30.00 h `R 41 "1T1dNh 4llip1sNg 91��4 ���� ∎��� 90.00 6141Z'�N 449149' r r 44999 .r'Gd'dd?ii rt�"i "d'Yos� 96161 „ + 94919 ,1, tia?1Y1 �������� 90.00 '9, wb5 lr,9a1149lti614999;17a �199499ti,r961749u4C19199 9 �oa�� RIGHT -OF -WAY ACQUISITION UNIVERSAL FIELD SERVICES 1� ∎� ∎ ∎�— 60.00 ___ - - -'— ���•� 90.00 �������� 60.00 09961961.. ,du` 49999 4 9944 343 6'1'90V 3 0433ca � �������� 9000 9 4We: a . y, p 9999 < ",9 994119 k�r9 k'eb'M p�0' reB" N'& ∎111111111111111111111111111111111111111111111M� 60.00 ''. wOIl �a ";a @8 9' 461, °19e 9'bira ;0'6144, 9 1111111111111111111M∎ ∎■11MIM�� 60.00 o!v; °• a 4r4�8 04 MIIIMI■1∎ ∎ ∎ ∎�� 90.00 Cis .�:J4 ", {4,6144 r "9 4 d'd4, 9111 /,m449999"ai 4'i 449199 ���� 90.00 308 1a �:' 'SFr 0l!1:49009N�� 1 111111111111111IMMI■11111M=IM 90.00 3 N6 49 ,. 4 t'43^ 4744 M4 lr4 ,,11 Y'$ wN9o.'# N� _______■ 90.00 ∎MMIIMEMENNI��� 90.00 9'61? � ,'" "up0 9a m it a=rrng. 9 , .q ✓,.Y *,, •, 49 - _______ 90.00 M1111111111111M111110111111•111111MIIIIIIIIMIIIIIM1111111111 90.00 ∎ ∎1111MMMIMI■IMM=MI� 90.00 IMIMI11■1111111IM�� 90.00 ' °t 4 ""4 I 00 d. 59'610'3 44145 {C �e"�u�:.- V .rw.�•._c M'm 61,2 ____ - - -- 9000 ., M7 Yn.l•Fyat bY,Y.#"'r- "'d'a:�UL rd4- •,1 t'`fN'f'. rv�'rv,'0__ - -_ - e + „q 449994da6,9,74111111M■■1111■MIIII■M� 90.00 aOY.: ' ar0 + !04686'4991 ha;N'9!4h8'4)4, 04'408. 76'�� 90.00 4 640,,04,] tK ,.,r' 49 av »rr4'> "J' 61 V''419494,4999 I644 M11111111111111•111•11•1111111MMIIIIIIIMIIIIIIIIIMM1111111111 90.00 aamommao ®0' ®110111MIMEIM0 $86,013.86 ;;I:WBk� EWA File: 2013.11.20 Tukwila Sups. 10 Combined Fee Estimate.xls aktibtabgbiegre ,,;SUBT,OTALt9991$8,6;013:86 4 Page 1 of EXHIBIT 0-1 KPG CONSULTANT FEE DETERMINATION SUMMARY OF COST Tukwila Urban Center - Pedestrian/Bicycle Bridge, Supplement No. 10 Classification Senior UD/L/E Project F/S Designer IJD/L./E/S CAD Technician Survey Crew Office Admin Total Hours X Rate = Cost 14.00 X $64.90 = $908.60 6.00 X $56.56 = $339.36 96.00 X $40.13 = $3,852.48 100.00 X $31.25 = $3,125.00 36.00 X $47.66 = $1715.76 0.00 X $23.08 = $0.00 DSC Subtotal $9,941.20 Overhead (OH) Cost OH Rate x DSC of 163.17% $9,941.20 $16,221.50 Fixed Fee (FF) FF Rate 30.00% $9,941.20 $2,982.36 Reimbursables Utility Locates (LS - Add'I Survey & Mapping) Title Reports (LS - Add'I ROW Services) Subcontract (Utility Locate) (Blank) (Blank) Subtotal $640.00 $6,000.00 $120.00 $6,760.00 Subconsultant Total: $35,905.06 Date: 11/20/2013 213 214 Hour Summary KPFF Consulting Engineers ENGINEERING COST ESTIMATE: Tukwila Urban Center - Pedestrian /Bicycle Bridge, Supplement No. 10 O i135a4irrf,.'"°> . tTi J' 00 Yv' ii1 I'.'�W „!:fur'L'r�r' t,Y n�8"A?ri' 2+`�y,'+ Y"'pi J+:(:'iYsi�`��•?d'm"AP d'c , l,"a'1� "',' VYiI. KPG , : ;, ;KPG, 0 %i 14 / d +IOyt �4r® W a �I j(” R^ 000 Y°P(. iY IO�AydfT1 ) 1 t I Y° ,. ® 9p0 d ^, @ Senior Project UD /L/E Fl5 Designer UD /!JE/5 CAD Techntclan Survey Crew Office Admin MULTIPLIER: Item SCOPE OF WORK $64.90 056.56 $40.13 $31.25 $47.66 $2308 2.5317 _..-,- F ,C I„ rn!, i./ rrr r1 ,f ,rl. '' rr'' rGk $0.00 • ,'��'><•,,'6' vervrt 000 :Ad uWiya 01 �. 1 1k,4` $++ :r, /7 @v6 „!• /,.r ,I ;', ✓, ,1 rr $0.00 .t- 4 Y:A$" n k .l5 /? 8 O"'7 ,4 410 ? ':1 ": /, , /,,,'? F. 1a,, efr 50.00 . air r+,> na" ,',7 ! ki n` nut 1 P o/796 1 h / / 1 r 80.00 J : rO,t,!flYl,'' a, n vl'✓l:"Ci %✓""� w:lY, :'1 w, "Y:� .. ,•„ r,,: r, ,.,.r•A, /n'„�, ',,, a, ,r„ „J ,•"F 50.00 Labor Subtotal: 0 0.[ 0 0 0 0 $9.00 ''.d1f "'vL<'itnN,: £ry Ir�Y d (, d �n"..'1w1ny lfu, §/u.lylS;f l ✓'bi'». ;w.Y^i' ✓�rzn i2rr,$f �l'w` feye'�m' t r ,ir50.00 00'0; $859.79 TOPOGRAPHIC AND BOUNDARY SURVEY KPG n2#i o,1 Y 066/7"""a Y,am 1 66 leffalaW=flittatiPOONCRSOOMONOINWIERVAM N1 2 4 4ik roifald'r4'a'Y'"' 'CTl'*6 +.?#? {.it%!Os%FaiDUP1xR1PM "Fti+c'i'RM+l` � r ,,,t •,I;'. dr „9 i':, 4 r 0 2 5 8 rvrra . »e 0 $951.41 $1,811.29 Labor Subtotal _ 'a'✓'"7�':Gtr��% .'i11.1`,"`i�"('sG�iS Yi fM1G 4`ri,u',Lt 3K�%Y",lvr'tSX�"i'T�,Y'dlJ' t. !l $6,54000 ; _tiT. $3,805.64 I W 6q'6,1 M l7 66r,r vl ' %'u''Nf '”' �hi�.+ /1 ' 's', i %dio' nP9't e a+:$ - r f l $ 4 i7 t 12 16 I 'k d���LlliL "l�f�'WIIsYSivlliv" 6�;Je}'vWWAta0q' "�dW'„ll$''"sMEt i ".en•�', "J,N'"R'N c��w .^v ii.,r ,t, 1J i ", .r ''i ,r ,r, ,Gr✓'•,. ,'r $000 FaFmm1 tlm%;ue p'7 fl;Y �ia4llx7 "!)rtu "�IPO •i1 iIE?u ' 666 6/7�4b�'}�NMWN::'t+s {1k��!M. "IY � AYW6L /7 fPoi r Irr 1 2. "r, 11>,32 ,. ,1 J.r . !„ $5,104.64 ''k0 02 � ”k'c`tia'/ �i kk$1� $m4 5�.10i+1"d:Y'(,a.lYu"6/5 vk 14 A // 16 ' / $3.188.16 'k0i5iV W " I X 1t'4 '�vtAaia '�' q f 4k. Nil�vtlli"? , is 666 /7 6 6 / 01,847.53 ° " fttob ' Mi Y" ilY mPa d7,'re,'il`$. :+ nsu im"Y��u4 /5, uMh r „/ /'l,, 1 ,, ,,..1,,e $0.00 '"'Al1'akP$kL /4 /9, $°rT'lt"4+.2n” ";d 1 : l „ ,�� $0.00 P Qon1k111 f,.`1's Yd, �k 1. 1'I ': .i�: nf�lr"J�+, rrt iE10' "I �' I U •r .L „r.,, r., ' , „ t. rYr '.,,,f $0.00 Mt0 3 T ' rvn,ss a ,,, ,,,,, .,,,,, r,., n . n„ J ,. ,.!•, ,,, $0.00 $000 Dali m /7 /.. �. r W mreT 9u "!' +ei # T VN � 7/ 66*6 , , , ' >:';, , , , ,,. $0 00 "! 50.00 50.00 t�e�a inl/'a' e" 'MOW " >�n as kl ry k' R ,k1,Yl$, '7 r'/ P % 1b 61'k1 $''$ dq inga"; 1090do`s "" iry' ii I+ Ti.Q.!5a':,$rv`v `11i1'`$9u tYm�" Y' O'k t 't>90000Wr e`l000 0000,,'��Vi' 1 vJai # oYe "'r 'r1i`AV'111 a'�t%i!N;?1 i1, G'1 711�YV. 1i: r ; r $0.00 L bor Subtotal 14 16 0 $13,92596 _ IIMI ,i1 ie aVE1�Y, .$,isik�"ro r 4,1 i>9 ,x Rck�4 :M41„ /1774120.00 7667 i _._ $0.00 CIVIL KPFF n ar.".il�'Jedk7"'�) �s'nrk' ", m, t✓ Wt'8f "laiY2's�YI+S�'1!'4t541,h 6u I �iw31'?+t+'4nu'�t1°- ,l''Jt" CAF''%! G1�lif" 1tA4 ;;4e++Y1,r%irlRrO'a'"a"?.vE $0.00 Lab S btotal • 0 0 5000 • - '+ "w. ilf .7, ' '1,� I `v" r 'i` by^l°Ii 1 r:u "!f� aYr' A" '�:i°rt� 'm/ , ", „20 00 ,r,, l >, , s,.; r,!r, ,;;, 50.00 s”' r�ceu""' Z6`% ttdarm" arwsti' ea' im�pecl '`7,4;1'1",.kk2,+0 r,1kT!X e 5ra,�40s7p Tt. / aeaO e Y! ` X1 u71i1n"•4 $ fAi11 [OYO "I %i1'f. ' ih11i9Y114r1", ^11 n''}A" �il r '� „N, !7 , r,r r, / ". $0.00 i1'ibN'1`'.,'tiF}w'''}l iliY ll "a:Ylt11$'v.PiV'? $0.00 zf0ly, rplidS""w11P4 r1:1''','v' ,". Yl, ON, xahhitdi1r;' 1,+: v )I✓1�Y11,'rf'ill'i1'G"�{il:'1 %N ,;, r0 `4 - rr,,r, ;', „r „`:. $0.00 Labor 50bt0tal: 0 0 0 0 50.00 _ MCI n ' rr', X' Aizci',>''. 4' �d1.• d7au' t' P�?v.$ MIZZ=EIRMUMEM111111111111■1111111111'wgig s/W J/78 d Ea11 �; #I rM�U k I � l':: �s, 1d�R1if, �a�rtrF4i 'lildFl�dt;tuUYn3"I,iK^ii'sYM1 /,'$000 , $0.00 Uts#4 �� 1 � TT AP 7 ' NN �� 8 50.00 �M1lolPpil 'iurb'aY`1'u!ual`{G,0%al'Yi' 1110ivild' Ya1iPVVOJ'""iin°4r?'k'�YI,:.:mr silk $0.00 11 5005"i`6kr'drn B$fifa°"”" n d SikNkl Of f:'19a.'I�Y 1�O' IWt, ,'V'wi`r�Yil WI $0.00 0 .,1 R° IA p 1p$ UR ' w `Akd M ( K ti fFYIN 1 X f WN ,�9, 0 T :, , ^; $0.00 �#6 S�4t1�$” a�Hilkkl�Y, lYl1k'+ �, k% k' ikiilk'' 1E�e":+ Y, iI; k4 .e"41.""vK✓./irf'a�d•'i4 $0.00 v'"' 11$1 I rwy.•W1, Y h r'li' J.n1!u°f1,Yil`ll, %Of / /4 '0' if �`.' .40 1:''.'tyiukeiill 'r,;, „ • r r ,r r -,.,,, r, .. $000 in1 LI44/Y i 11'rv1CY.'.r vNklnil'a ((Of<I 1, Yk(. Ilw1k'°1.i "% ',vik"v!71! 'k 2"+"V 14'v 1! ,,.•;:,, , i.rr711,; "ir , /,•8 ;.;, ;12,,, r ;,r' .;•'_.' $2,810.78 "k6zT, t mt1e" " bi)". a{{' i. F. Ei4$;' a' GliGi$ r' b "`a"'oSAOdrBnorialbao'e'.m0P,ll S�`i 1ia; %'` s�,N1i!1'! '1k4k:V lyLlii.,1'd11 Y ; 1`% , 3 tr: $392.50 ku"6tiia !"m`h'!1' r'"'a$'i �a�P'arl9 /a ' kC/{ k1U1k Wi1111:Frr V,G i':{4}liYdl$61'1i'liv ,kirY.T.U:Hileknk$"l, , °�v „ +,', ,, „'< :'r, ,, ,, ,,,r, ;,. -; ,,1 $060 Labor Subtotal: 0 3 11 12 0 $3,203.28 _ ifrYSitCru, Jti?1kJ, isY>,. ra(•,$ ti1G11 .�'Ai:si'i1?4rpoHuitl,s'k'f „'f %1$0.00, ";;,t $000 ,rkihl$oom�l'k "1'nF's„ tY ""d'.PG4Od Ik4N'1jlrr k$4'Y`1,1u $IIJ'hr i' fr$,Is id lrMr rX / y f l,v k'ti?ir84 iun78887 {;Iv,1 881 8778 ' 8 r87 :$an1frDi77 nk1 •P1i''k'' l'r r"rvYl'I MIN $0.00 Labor Subtotal 0 0 0 0 90.00 Vlnn 'k'1rE }'Jf�v`;�ntkPl 7l.kf, �nu$1i4f'An,?.'kti�ddu% nnuhrk rr„ 180.00 „,.,b,.+ RIGHT-OF-WAY ACQUISITION UNIVERSAL FIELD SERVICES R hH' i::d'e '”: ;....yESkEl9d ".rod5.n!I a Irr (J Yk`i $0.00 MAW kni 1h 70,0 °MFI M`$ YR�' a' }i i$1,v1b4 9r / $0.00 • "+ `".4/4P d Y$gp"58945 5., J1111d$✓dl�J• k J's li $0.00 P -d'. 554 d°' 4 /50 *7 h dam^4d4§:4r 'h a r~'ik $0.00 Iw! ' /5, . „491$':$' /d'-4i4$ /,�� a1V$ ' 7/ 144 ,abra }. BL ' µdwYr d i :!i:1�k, "A4 , /194 PIfPT ,'1 „'1 ; "' r,fi $0.00 46 , r 105,:f4,,'',", . •b o $6,119.67 an "•" Y 9 Y „Ia,6� . uvae Rr ,' I I " u : ` a ;k /7 '954/ 00 r4? -.. k. raifl•.f1 ti�.$Pa"it ':$'n6�' &A' '"YQ're E,ia ;8 k$S r k'P,a15p ":�', IY ,t 1,,, 1,,;r .,4,.< tiJ ,, , 5484.12 11n8 49/1/ �' ndIN111Y 111 %9a'J Y14 d'n1a k':i!uYol r 'r'ia4'ifiltt:4,t ,•r:, r , <:fi r•,/, r, „i; $0.00 • I ikF '.. P kt'; m%1 "�tO vkY'k ":1114 94 /T:W4'rvaill. .:Pk1kiR $0.00 nkn1 � , 11n a''1 ,`0.11 :� i'; "t2 „ , . 20. ";,. 10„ 3 ,r, %%' 83,600.83 p7�'�,.k'" 1' 1 a "b1: 11 f 61:Por4 kv"n1 4:n}"kk�IlwllkYl1111°i J /4' 1604/ b91 $0.00 inr T J /E /7444" r' 6 4k � l.=�tit �alk . 97 /. ,' Szr 80.00 J6 Y Y ;"YS .5/49/ r/7 '/r,41/ ,d d' AY➢1i �n1YYWu�.•�,0,',4✓ 80.00 DAM1yr"9rn i'v�kk(lkd hp ael. , 7/ /6''lalf $0.00 ;IkF m.• , ..'.: " '/41.'df8'II1Y'J,loan''fi MAW kV, r'?,'O976 /';i k a? "'B .:�N ,ir; ,r r, ,r„ : r r,. ?: %`'1`,i $0.00 •• �a a sb a ' w a • 5+ nikk k "�,, Is � 47r a,,, m 9 k i01ii�1 Ge r.P si 11 �"' w ',i"!no 3'I``m�/7//70vWpl $0.00 � 4 r. 8Qk ; . $0.00 '4R YW B �qf » 'a>pat'i`� " 4 9 ' ! r f $0.00 .::; P".• ?H2i �'", ,:'b' I� "Y",�v g,' ,,- 44V'X�d, . ., ,r, , .,, ., ..,i r. ,,, ,,, ".. ., ,:% 5000 ., .°'�'�p, "'Y,,, &:$r.^ I ,{ i,„ .. e „rr „ . ,,r= $0.00 $0.00 a$:k91$a,ar:b ;rrr r $0.00 uu °11/7 •:0 $i” ' 04/' ' pG' d aV. " 4 °v.: 614 r :r / $0.00 (1 h{ did" I� Ni IAltar' 50.00 � :75/4, ". ✓;' I ,... ,' ; a( ' • ; $0.00 VY Y ",. r"1 ,f "k:Y'IP&'N C'IWi -0dd:�'°4 v i"9s'9�'�a" 4" r r,16 1 50.00 F n ..r,.i. r, 'k x$ P114 ,r.r, }„ 1/ ., 4 so.00 /[ ,. $0.00 ST 44''{9' x4L. Yt0.: uIW Wa0,'IA61.4441 „ , .r, Labor Subtotal: 0 5 81 24 0 510,204.61 14 �6 96 100, 36 ',.50:00;! EXHIBIT 0-1 Universal Field Services CONSULTANT FEE DETERMINATION SUMMARY OF COST Tukwila Urban Center - Pedestrian/Bicycle Bridge, Supplement No. 10 Classification QualltY Assurance . Project Manager 'anager Acquisition Specialist Relocation Specialist Sr. Administrative Specialist Overhead (OH) Cost OH Rate x DSC of Fixed Fee (FF) FF Rate Reimbursables Mileage Mapping, Photos Parking, Parking, Printing, Long Distance Calls Project Funding Estimate Appraisal Sub Appraisal Review Sub Administrative Fee Subtotal Total Hours X Rate 25.00 X $50.24 = 84.50 X $42.00 = 329.00 X $38.00 = 89.00 X $38.00 = 86.00 X $29.00 = 72.10% DSC Subtotal Cost $1,256.00 $3,549.00 $12,502.00 $3,382.00 $2,494.00 $23,183.00 $23,183.00 30.00% $23,183.00 (3,120 Miles x $0.565/mile) (Lump Sum) Strickland Heischman & Hoss (LS) Strickland Fleischman & Hoss (LS) The Granger Company 2.0% (B&O Taxes, etc.) $16,714.94 $6,954.90 $1,762.80 $450.00 $6,000.00 $11,000.00 $2,250.00 $385.00 $21,847.80 1Subconsultant Total: $68,700.641 Date: 11/20/2013 215 216 Hour Summary KPFF Consulting Engineers ENGINEERING COST ESTIMATE: Tukwila Urban Center • Pedestrian /Bicycle Bridge, Supplement No. 10 8 !Gia9A>k$fr?4"6'8.ik7 of a iJ,ld it $'{i' i'Fi!'+�J `�,id "'�': P,:';,'f fi�i$ y: Universal Feld Services yp� VS"Nrd , Mli ,y4';ut"i�+kV'! • q 6 �. Od E d R. �0 MI !IpM�d p g 'Assuranc G' TPP p r. M .rPr m � : } H Nw wC^ ...J$t Quality Pr''' Manager AcQwsO on spedelic Relomb Sr. on Administrative specialis specialist MULTIPLIER: Item SCOPE OF WORK 550.24 542.00 538,00 538.00 529.00 2.0210 H92 it 2422 , l/ r,WF ■ tp rr i »a, 1 J':b.:I L' G0., YG' 50.00 ''•:, CO�q 'a'n�"."'rtim`raGgY#6d1W'V'o8` `{ 1 i"ffi::r'4'6rN,��'*D Wll ''8'r.# ✓ "S G,tts■ i'J r.r. &.I /girl rJ /r7 r„art ;.,if llrlN,ru;(,.0 ,`el 00.00 W9 ^:47,,eda""d'fe9b..,,, "x "0."I i io ,, l #P 90,i'A',''"1i 10, ,p 4"dlor.dr901 00 i 18»r5'iA ''' ' "3ia iY, ll, ■ r,k} ,'u+ ,r J rs, a,,. i•• l,r,^'rc , „ 50.00 E6 i9111' = "' nt ) r ar#h"r/ .,.rkl kwte Gtr . #r ,��� r ✓, ,,,,,i a;' 50.00 '#at i? arm"' nta""' yr' i9YrmfL' 1 "aaiN#''i¢trm.k1 ^r'k,11WVia5 ,(1.rirY'tA #S/ral?u;r „�,r +, rrrrR {11 ? 3'' ',':; $0.00 __. Labor Subtotal: 0 0 0 0 0 $0,00 I,Sri"ra`r n ^ric�viik; r0.^ :'iiaL:""W. 1 �2 %vk�5il i,, La0 �', , ^„ n 54.0o e,,'F•,a, TOPOGRAPHIC AND BOUNDARY SURVEY KPG s0419M 1 2,51 ••'0000400"�yl4Y?z 44o90o I i*'"nl'.'', i ^,0.'i ei" I', i i " 8 4d4d}o4., , 44614 : 0.o l 44..o i'00' 2 rc 00.00 IALC444000r4V'' ' ,R ! "r trN 0155 000000590. hi $0.00 Labor Subtotal 0 0 0 0 0 $0.00 II &?I J¢2 ✓Y" ✓vim "T .00:,;(;:.`; ini zaT��42 i : v, {'.f9"p91''4P,i'p4F�I Y,lO ' b "d.6,.I' , 4 " , 14'r- „)ee14 i ,,fu ><Je!?kr ? i f f10J1 0.v} r,l%1J'[G J/r/l'sa." Fr/ t�,;,7 50.00 i 44 ! ^00 k o ,.G'� '''55 1 #IyY�''�' dii+��4/tl� "�d/95 0 ',„ ,v, i�r,7' M1r „4 V, 111 ,rdo rl,;T, d , ^ „a,rl :'. #I $0.00 24 /000hSe46490 . t .°; n 0.rf "7kBi0001 40 b# iffae Pr 4 q/9044- o' w 2 0P 222222227712,22221 49 49 ,rf1l 1m r, 0.P ^,f ✓l 9, 0. J3 $0.00 A4 2,+ G as � fro „ R Saw 6' WAti lGi G x r,f -z ,l'2' r „} „ $0.00 ww. ;m y, .;^", '".::' ^ off„ Y�"u :i00 1 '50. htdw ? / , 5000 '�"C9 �ii6eJ6at sr4iyma, r'iL L, 40 imaM I 6 4Po srVrxJaI it r,?, r ,'rr ^� 2 ,:` d,9a /f xt, r $0.00 A L: ' I , 1 Ui 5 AaG ltiJ'✓ , r 50.00 4 A , r . / „ 00.0o il%,lS'e !'';di f +N Rl�ia' /4509,�ji Q�,I'f Y /,qf %i %�,iulr le,r! : Clrr k f /Jlr rJi , d,.� ,, '.. 5000 Wi ,, " Ay Yr .144! a:,At. ilau 2 „0,6'!,;:,, It, ,1 r"1;, /F,`f sl /, Nl ,i„ ,., f, r 50.00 i 'o90ooj + OS d 3009 Pi.89090 $ a 7;1 "t °a¢0.E04o4 so F, Wnv ^'YSglt ll".p(00 .5rl' &;4�I'dBq ^'PX ''4 /r,74,r"'2 le 21,1d ✓rnrl ! ,A,u'f 1� "m,. ,r r, , $000 anra 94' 0242240909b2' 0844 2 22!yyJ,l,""c0a°f ^'J°rv1 s „/, 5000 9`5o AVM' h&401x4 f` 1e?�sh( ,4k't7,`4 or # " 'w ,,,, xiibt,l. r,r,,,,;; 50.44 Labor SUbmtat. 0 0 0 0 0.���,:SV. 50.00 Reimb bles „1 tf ue t UWii4i4bWW4 aia''°SU;I lCId"} lrJ' Idr` rr" L1Nra "tia.��ii'udH116vueYi':h"eaaNi'v 4000,',?s:;f MI x';'410100 u' g4a 4 ?/45540 +AhaAr#6,Wlim` 'a"i? A.'9 #lAri#rftirl 'W ,41#rT"Jav, !,ri2la" v a b d S'+ I f r %Y 1 G'r' Inr J ✓w r: rr ✓/ r 1 woo vr/4120,cdr ph}1222222�Flrr�i'dli'sIN iR,nVsld NiWSrrL.t NNI)i",wr'I?C e , hd'' , /Z,l!'r ", °N, ✓t/IJJt /1, x'fbe„ .,,. ft ,r , 5040 Labor Subtotal, 0 0! 0 0 '0 50.00 Reimbu bk byYe'1rl r (, dFa� rG+;wtu':drta;2'h'?lllrnm lcPh i'if g'�(�� Y' ',6%;/ i ' nN,50.09Ak a J45} "al9NiAli,,i590/8 '''ei90 r' � 0 n(l / 000 a5. 1"OIf T1d ssm4222u� i �Ili ^ %/rH.=.,9 ,rwliJ lv„ .,.1 iar 'r4 „f: vv, ✓,r„ ,', 2020 5h ,, 22Wo 2 aff.22222 om l }I Y`,k $ O1 "i °, "; d1 AIA SPI PAS r ,d ld ! „u,. r -:, 1„ 50.00 U9039 '0 .904444905904/ Ar` A"'(C P'ir`', r01 rr'a� h'#1 +r 1'0. bl "4a!aV'A;!"At+t` „r^,2!!,r^rrr i,. ✓, }ri ,...! , , �.,l,r , r so.00 09 o Ss6 0a Mil LaborSubtotal, •IIII l? ''ti; W JL1 r r 5000 1 u"L0N rYbl §m(9 iv u4 l@ .. ": ✓ "" 'jH':, v ,Dlia'A ,/' ;T rI r,, rJ/ / 1 J; dlir , $0.00 t .554494490499044 ltv,, „ .i n . 2 0015 NW i,%): #u "gAM E 2/„ a' r %rJ f r , $200 �'2r90 n "p"`rla°''`,2ase0na •re0`n' +U;I«; ' ti 1A Nn19;. 40M'ub�t G" �i `.'� �4 J rIJ; ,I, J c,`i; ,f // „ 50.00 �0^,rcrn `q"O�w n kt�ila41$2.24 CY, 2 ■ ■ ly �� W ,v0. Y ✓u�w h rG, J r"? Ukni 1 50.00 r'9e$O1 90 A r 4 °% W+' '�M�15'd�i: v �ii i r +" l 1 $0.00 W''55445 ' wu54 �'i'44f4 5' °d M A 'OV sOsSii� 0090 W ,l, reel, . , / .lr..r0 i;` r, i (. ?,.t,; ,, r, 50.00 r' d9 S -m,Y+ $0.00 i�1GB, AS rodk�61Ad 9�Aa ?k0A7T4' „a.,, 50.00 4'8557?l4l ,i6:69%t tii /dri""oid""arla"!FE +i pp a�'':Ifo"e`'ia a""iit '4 "0 P Tai " "" .t, ro'9045 -'.5 ✓212290.0." "o0d$ A,'22 2 20222 222'A',2222,u 4 ,"7wii541145 005 !c'';G'}',A4f .' `"y" IyrsF, rr ✓ e dt 6rc, , "i,r/ �r r, u, rk.r„ r , .., ; 9000 Labor Subtotal: 0 0 0 0 0 NN" ,n ikr( rFu<, r�l{ �r> �v'+ W,¢ l+/::,{r.�fY'il7kkAI#4C0:'^3„,,! i {$000 '? /q': A' +4';'i k4r, db IN W ku# i f Y kd? A7WAw ,Gfma „'a ,rte ? ,, Y r mG„ /r0. „f ,, /" 50.00 2 S di a Off #YM1�,: �",�'i., 'i k b'tPuu:i"rFFP I 44Y2YI ii"'rJ'Y�'xi i0." % 'iu ,,, ,,/,[e 2000 LaborSubtotal, 0 0 0 50.05 MEI I n d4 6 +4 A" 'W'7rrSPJt" /u ter?!" fir`"^"/' f { 60. AA `Ita''r MMM,MMOOMMUM lux RIGHT -OF -WAY ACQUISITION UNIVERSAL FIELD SERVICES .. 1d4 r _ F Ia LM5 tia ;d'r 4'w 4F dA4k h .a V/ny lArl3 rPt f %re 9YUPr .WWY' .6 r' /6 �. Nuym I ' @kA 40d A.' / if3llLlkv 5/54 i l� , {r✓/400 rr.I r�GY J`WW1J 411 raf lY i t. A3ft „r Y' $839.61 $00 ,04 b,t(ee104d^/° +a, l? aW.�, :amm 3p40 4'Rd4450004k of a0P}4 rJ7 • 11/ z, L2,9a nrm?; l i < /zi rca �, /!„ In $1.782.52 KEER e' g b 0 2 ,ltlb,5. 1 Otll a a: CAI d 1 . ell '.If °r ! (3.5 it . , 7J3 5 ,f1, f 0.i Jk t l :4/ /ar " 1 MWESME ,6 fr dJ40444w' H 8 y Wb.I0N wai'P'7V$N.iO- '#,A% %JG 0P P. Nit b .!4Yd lPI n 0 x/4rrlui ;i /!G". :Ih„ a /Jl r, 50.00 Ya. r4 2 1 #' dAd2ID' ,:?. i i r -.Jt Flb reCWt $0.00 /10014 ,m,7i°4 .I.W�IU:'ii NV0 55'I00 :M, I1'4'0rn':+%'W 4io 4'Lr tJr r /lr,t?f{'N g90 7:iiir,. ' e %905'P'u;, Vn,V9,'rf L9 0109r 4Ra , 3,m,v, &M i �/al ^hr c97 kd17 tl, ,,+J, r, l r / �,: $0.00 ew9,34W, 01 /' 1'a�iN."db'U; ,}W 11 y%GY`f ,;>"2t,., ,,...70 rrr(1, r, iJ il e 4 ',,^ J,n /:, r1 „ !moo ✓,r ^'� % 1/ $1,273.72 iA 4 " ''A " ■ "+m'J�9a'.o-.'u1 e #nb00555o 00 811 r�u',,,r =fir 20.00 •4 W 00 o , . 00 1u540,0 .8011 00 A, f'4NW' "8+,8 '.I$N?XadN y459. T ( 1 /.., d( " 9/,1,/ n .. "6 O /I2 er 1 $143.48 INEMZEME X46 0 „C"" "'"F1' 5db:4& Poe ",a�M4b4W 4t' /1901e /SF r'2 /Fj( ✓b'0. lest f14/ Jr , IY55 00 50. fi r" ,55644ikl7;%d 55 ,P# ^Pr,l dg9055/5 a,' ;1h ✓o rr nILr r F 3+ o-e1 /a d ^ r 50.00 t@6+'m.'A 1' .N ,• 4 / jl,,,,.'a0 /205 s4.r',7 , , Y/ 5806.38 aa9 ":'f'n 4- ' N RA „^ 4'A`SY iF &''I YAO u vaa,SYy51 49 4, """�' 4 ' ''� .) 95 r IF1 I^ ! S J bso61 °9ia r6 6 t riart, IR F M M 4, n r0 f 1✓ 2 f ✓l I d;2 0 ?? I r 4 "!.`: 5 o /fr( / .3 W.! ?25 t' 4 , / id 009 00 s a , Fid�� .:,,.• ' W 001 r r "j /3 Ji 25 3E f 9r r 4 , pe rot y - WeiY s"4y IIIBIEEEIIIII a tire r �r'00 !YA 3 n , �Z5 r + ,I 4 2, 1 rum i N.!4 r3o �' i' /rrl ;s 6 c��,i,5a7�sia r ter• '„ m� sr9s 3o r // r , , 6 b,4 4 Me I r61 $3,98188 . /u40 , { f 3 l P49 d ."✓L S 665 ! Flt 6 $6,496,95 WuqA9 ' "P '.as "J ' i`., , A nv4 6 "JI l' e 1 /!} f / i ' ,G, ,,,, 6 Yf $0.00 , M e4 005 ''I'7'L.i Ir M'l"6 I'Aid1 (ll+0W'' )92 %, ,11m4 J 7>tir Jlt, 5930.15 Labor Subtotat 25 845 329 89 86 $46852.84 = '86r /^ Labor Su 25 85 329r.r E9. $46,852.84 ReimbursablesSum $21,847.80 %' m 8 „rSUBTOTAL ° ; $68,700 64; -' File: 2013.1120 Tukwila Supp. 10_COmbined Fee Estimale.ds Page 3 of 5 EXHIBIT G-1 3.0aatomoodopagooppypgag,,,,seswev,fogs,,0306:0,10 Landau CONSULTANT FEE DETERMINATION SUMMARY OF COST Tukwila Urban Center - Pedestrian/Bicycle Bridge, Supplement No. 10 Classification '‘0,00,0000v0,00,00 00, 0000/0000.000;0 00040#000nr°000000000000000100 Project 00 "0 inician a Overhead (OH) Cost OH Rate x DSC of Fixed Fee (FF) Reimbursables FF Rate Mileage Reprographics Field Equipment/Supplies 11111111.6•1110140141 Subtotal Total Hours X Rate 0.00 X la 8.00 X la* 86.00 X 12.00 X 8.00 XII 20.00 X 7.00 X111, 48.00 X 00111h, Cost 1 '44 DSC Subtotal $0.00 $376.00 $3,440.00 $432.00 $248.00 $500.00 $203.00 $1,152.00 $6,351.00 $6,351.00 $12,439.70 $6,351.00 $1,905.30 sessment) G Bridge Permitting) essment) $40.00 $14.77 $49.27 $104.04 ISubconsultant Total: $20,800.041 Date: 11/20/2013 217 218 Hour Summary KPFF Consulting Engineers ENGINEERING COST ESTIMATE: Tukwila Urban Center - PedestrioNBicycle Bridge, Supplement N. 10 H+ rfifte02D;tR4,'11:9iNxr,{"rl :.kVrN"'rdY'ul8w"8`?F?M1hE�+", GN ,e, !N. m' rXYC 1P .,:r •. 4rl ' ■ y Vti �, ••:I 6 II P 0- rqb® MI '11 ( y I I ?�h �( a. Associate ® Senior Senior Protect CAD Prolecl Coord,nao SIaffl an II Techn an II r CAOIGIS TechnlGan MULTIPLIER: $6500 840 00 $3600 Eacinzigla � 140F' 00 • `jmria8eaaod i:',W' bon'. Y➢ x44 w, "rv•vi.il/,.Jm;Yt rrR2dt': +d ✓F,L1. r(id.Ff fi4 (lr ,/,,, ,, I %/ r vJi > /r<` ".. ,rrh 1 , Jlr h >% /r ,.. 'iiixiuu sa"t:•memeni °•.ta'6'an lHilrAkx,llr7W 9Rsf" v'•6VYFx,.<Ihdi WORM a✓., Pfk ,,: ✓,. /tx, ;7` !x„ ,x, A, (Y „r ,r,rl„, axxr•,,:® h `k20 P17«tSd■ . det aflu/ /Rd &ml4;d.r(`?id•I1r 1. E%"4mN`d"3'9411°I'i,A ,9 it ®. dn6)00 . •5"T.a4inu,ed .` "rA:=Tfinea 'ca3443car`6rNrdr,Fdt?KFs'NI, /A ?tNr, OA rY „0, S 1 „S- „ :`/a ,/ r ,,.r/.° IMECEMI 4ii60'p MNI Pr•eatTe 6. At (11,d/(;Xrur %:�.Jlr,.ar'” xi' , f{r V� ✓12 LL f A L aaa000aa® � fr, rx, l'� ( +, f',To NOMMIM $6 N ral 1123011 21 fr TOPOGRAPHIC AND BOUNDARY SURVEY KPG ama«nal`000 afidma n u„Mf dueN,f xY/(Ntr'r?J,lUe,Y$ rA axi jlYr +.L9(YdNIAi °,Y rY'AN 71117A®VaeAAAA 0o We0i+ieaofWNan , „ "Y,r VA lait 'Od /,.,Sri <n,(Eximid :ae,.a :tm, re�� 9 Nr r�"�V ivufY ulu �Vtl.,�""+a' ” UrtrnGUY?. r'1 dw ,✓../ ,,lr rri.,f „a> !r .,,r / a'ud, te�i4 ° 4 '�i i' v'' 6 ^m,w '�' 41ewe li , 84 I • / °a� t, rYr,:� aoaoaaaam ;` , ,r/ ,Fir %.INIMMIN N ■ KENB, 'i2 {tOl u °aERiEeA6k R(e'ea'P.arki.' k' t . r ,.runt /r'dYfNr<:,mY`"I,rrAr G'I ?4�,^� dN MYdfr/It'N 1,rMWt. ro'e:..7 .'d 1 r4 1,N 41v, J'rf .,3, !N /UF. rd.. / ifJ,,. M!u 7,' l .r„ i i (t „Y,}flr dd$rl ra kri h /,,' ia/, trrr,G Yi MONEENO "1320 8212 W)wa9Sa d}lf.” i4.LATiaur ams6iJaes' fVYvt7x?” hab, tll3xllgfsY ,rtfr` 'x,`b'layP"M1RnY 4.;riiii Mor F .71 '1'" pligaI' N9i1 sF /x rg Y , d /.,u /w i,VM / / ,.;;d, ',N$ PARKgmeiNiKE ENAVESE ,,,JLtr ! rJ c Mrx, INNECNINI . ,/ ., ul _, Yazah ,.Id • ��%r wvanatb" Pf:'°. �” i. u� ,isaY�,!K „Yaitfl ✓,pgt fV(,rr. ,a;, ., .a, „..r / ✓,.2,r:';r ,,, ,, rf,; ININEININ ®. 'YxA`%a"4"N VAla 07'6 ^aYf:WW d,- ,e26' Lslfmale :' ,s}J.Ng 'N ,l1.kF( ®' rxx %: allinillil /:2')3x'1,, f.;Z” tr ,r/, /,r, n < 7132211. j 3rI ff3:'• r / € 1;; / s rr6;l:i e+i' "axV'Siol,A5r2= ,3131„ :aa„d`Gmd , rTr$ u/ FtF! 1N rdC" 6°d'G3'iT%:N di' w'rur,>virkbl.'r, iJrX11lT"U.ni ,ea'":• "f ,Lvr, „ MENNE r,r %M530,.nentd!$ikkt Plena, /<'?r lo ,f, ✓U!ClfArlaYGrI;N P.; ")l rFlAdd, A •'9i(r7( ® ®i a a6G"Bm,mo ina n Y/ t lYr f 7, is (tor J !tf l0 as 1310 M U.• 020 Fpm' ai«, r,du,a„ x.r lYv, r .b ,r /, /, r,:x, %I% AO :,r, tr t °x 000aoaoam Elm %'4:10483401.204 CIVIL KPFF 4 Pa i• rA J/, d/. rc /1... '. (/. (N l,J,I iti, fSn GFf,n'lx ,... rr rll / ilmrim rl $0 /x..✓ „!./ ,fr,✓hl; aaoaooaam r / /.,.t u✓Il ,., %%i.,.l,• ��:: MN/;C.. N:3.10 Uooel4 •088600 ana end, "Pmmd •pircabon ,/ V.1' yAN /M 3 „y r„ . /v5 ✓2%1,46, G, f, iTi „1 ■ ... .6, .If rrFn8 ,t ,x,14 r, /Nur/i ,,/l {td.i a v„ i481flirinalli. ,,tipr „:® il, r.r, rt -, ENBEEMEI ©® 40.211, ^o8 /...m)8036,&m.- .criilT,✓d,fr« Etta, /,,rN/',NrN/,r rtk uJiii, oJYm3 , t -F ,rem 15°✓off,"r • . Sail '6i, Pdg , MOM 0 4 F,x'1f/niu Edo ln V,,r /f n6i.b ,fail, /✓/iV , r c r2 "h„' c16 11„ s !8 ;' {, NE= am ®o 3,, ,%, L ®a NMI Eli !'8,10 RIVER HYDRAULICS ATERSHED s)tal - ••ro,00'Ma"etzit f„ , l /hr t { „l nrtr „tl r,/er„ /,r.F.t�iA rl, n<r ,1FroE ,rl1r. %szrF Hev�a4lBxitin• „N rh „ „W!✓, t, ,, „ /.F nrf>•;: rrlin, ^F „sirt f„ .c „r, „rlaxf '- Xa°.3ri n 0 %2(Saa ii"e I 'tie'ira( ;v.G db"u7FN'a/V. it w1,111adfG22,Tri,VNf+NEC+;JQ.mN' ltai4!T+G ® (640 r 8,800084.. (, r,.,Lx ✓.r!4i .✓f rr,: ,t,i, r, /,ir 'i ®. r14: i Wu, fc” /r „,rr tfr'. "' r1,5'.$Q,f �A•�xnaN 0 /1.v nG✓ESONI (/ Ilr• /i %✓•r /r. ./'y, ,f :',.11111.riM MIME xl('/„ „„ d ]a,f( a ii // lv li !✓r r). -rc 1, /: MiiiiMi •,.'®i , ., /„ 4 - -.® x022 003 1sradeed F541/ 100'• 'i,'Yh,! /r ::: l /r 1 l INN 0(tiUr 004447 .•k,n ral/rGrMSYx.,,/Y ,/dl /.l,;kx r,,. X11 , ;.4 !., ,ir,s rr,r,, , << , /G,/,., 33383383® r, ,. •'A', INN 7/217;, / t •'ir .x,d ,"/Ur ;,x80 ,.. Fa` f„ / ,eery , IINIIMINN ,✓;81,(7 SO„ , / ,t /,"t.x:;, C, f, !.p,iati IMMENON /n, �,rx �r„ �a�r a000aaaA® Y /G, t rrY MIN MIN En 840 /78,41 �e RIGHT -OF -WAY ACQUISITION UNIVERSAL FIELD SERVICES r. ,`400, edil4 keem,few^od'oHm C,t de,,J./1, rh7 !' xr0 ?;CFJI „Tet.sfFX1/7r: ti, ok,'Ni'✓ rbf utt tlly€0034/600 - `"40, ..o .rse ' •'Jr041x`hiNf;WN.a+•rr1,WY 'J; dN"+:,tN>Nr,7 ■ u6N2” ✓.N2rt. ";HTeaoFP .. - Mamipr'2'AS.Ome, fNAdd ler', f� ,`!'orTYd47/rT,:.d WON / „:va „rr r .,1Jr .: /G.rr& MEM= 4^ r65Atfeoalff,'r'4o008 el0IdnY',/:l'5221'lfAiWk 1y`i/all,/ eP r7iY♦,nil %/YVar:'.n ,nJ✓.,,J 2�lnr'i, f, 1, rr v. H. ,`; fx ifm l2 ,n,,,nr to 3.,rul /( IIIIII fr,MIIM1111111 6,2zlU G :Rev $fib 4fl' . :r,da, °8.4(s,Pbi6ewabat/( ftaA 4Yk+N10x' O Mk r ru /Lrrv.r o,�MINEC■ B3W( 63N //bgAww, Awayr,A idFYb 1( tl' trYM' vtEl1 .✓,0112(M'411£42N.i7,eN1u1`d;N Mt"lYN r,. r/ / e r r r y 'r l f rr x ,ri •27ININT=11 MINFEINNI 13:1+0(.1? d'd '. nd». aw;asrLfNYY%8371,{ttiM f4a''I4uJN/YS,✓,4kAlfAl rvYlm'/tJ'8''Vd,, 5 I{ {t, 14 "'° Ftnrf4'tBC1 ,,rJi';/ r rr,r,,, /;,,u, r ,s r, ,r rGfni< L f/xf,7.;�® „1, 7r?f,/ ,/ ;' ONNEEMII .aaiY ,.,I 4193: 42:,:4,34[6434f1Awut4nny(f17),d; nlVdarN "YsW?/4'/04liY J,hS'ff,@dr„ ,Y�rr4 , ,),n , bYt „l 2y /407,4 •.%. {, N ! F Y, .✓ r (% G ✓ ' 7 1® laanul P Deena i:YE,nm 4, -_ ":., "tYfNiG bN,'/ bdrr)Ft anfr"kl,.,' dH14sr^/7U! ",4"«°,?ii0 1 '1`' ". W r rr, /12,,. f f„ , u r�, r r 1 , f,,.x:: I®, I1 v.� 0180:''1 id ( MMEMIN 87017 d 'iira )3/4 ax114`tN1dd Jl31f1r :'MOM NPldN 4"PTexNer /rn11d /tid x/ 1 (2 3.� f,U/ ,(la„Pt teeo tB81 )1 /'NAY Jk4n di$elocado iw"ciaaadn*' /Nrir9rlS/r/Md4A1 {i ti1S rk'Ida;!4P,Grilk MX -.emei 4380 1'..1'ee:NNI%'ti Jitlx/'I` 6108' 28,✓ /du'Jirll `Q%Pfurtlb(J;:'Nt's�'+k't/' pM1Li'(!if FY,140A1or248 '4100 Revd .atm1`0Q8.84603t1Nr1%'Y7 //+tii S'Ui V� / it ll;l',' 'li xx ,',1�i,r /r7, �r q B� 4 4' 4 �r4 ,e r, 2x^4 „,/l! /r,F1:. MOW' tr r , °m ". .it ,..)pry 'tiP!il"AA'" (AA 7A 1r a ox '- ar Y. /r ,k1 IIIIIIIIIEIM F o¢,rt ri AMWAY 3 BROPGUwrvxt/PYazaCLG•o(ame Pe )202801 -9628 r"S1! @JV ✓2i 3ddrgra 0-t"RC KM' NdAdVdd0`t1c0iiia- o:xf?'.4441232404 91'a/Gn1N /,d l2+' ;Lr „ „,U, '; ,r. uG,,. /,e rx ! 4„/,,,,;: V At fHJ 1'A4AAYRean4% &p ,)LG«fim0 r r /Y;trr,�! ,r., . .;;a,,rra ,.rrr'( Nh4 %Xd rl/*'/r AB B '6i0PR/1.00"kii(P 'at "A"1"01".74 3' la ' •. /,. er.' t 6/ „v ,lCf r ,u. INNIMINIE 7, ANf/24'15 BRCF .2)/04.o.LLG `)B' • ": "Pn"met",Gsoo4029/'rYRNAU //, /u/ ,/ ,.,(,.i 5 C..3r /rt2„ `.0 ya,,,,' ,1x,7 art UNC81:6/ 4, Pti+ AC' 164430 W ' 0LKiltl(,'5 u"•'ce,v .i;.✓, %dNi'i174d %N1i41. ” Jf/Y.Ol110,MIN'Pa4laaa) lto,tmkaliari p:'A 004faoo'ad r7 fi'IT�iF ". N,dVI ,,,1 ,r,, , ✓, ./ 2 „r,,, /r ,d,.!rx .�:;,, »r, ®, dfa'11iff Ifdlr?/9:,8L 14 P,Wairdn'e"tid1"l. - ...Ai—' ® /6az't :T`iRa,�im" wJ, FmrGd6x: i" uNitt.",, 9psffi, Jpf fL'N';Drr"r3+P,t8°""fCliY"r'4M, rrrvu11;+ , Min= /he r A',Y7P9/4400raai4..44.vwt " " "tar➢Nek,N;lf AM,CI+4hNM . r1; r B f €'MIIIEIMIIIII 8,90E Rf. A{'td21n1h(1i/A ' F ;.. b„ v r ?.71/, EINEMM MI IMIEIMM=M=MIIIIIMEMEMINIME=MMEMEN MI 1KMEEME®'®' 1111111111111111111111111111111111111111111111 '®' ' .®' '., 420,396 Fee: 2013.11.20 Tukvnla Supp. 10_Combinod Fee Eslimale.030 Page 4 015 $9,999.781 , iTA,..0400,000owometworoofrowqmo EXHIBIT G-1 Engineering ;,----,,,,,,..,gpmpowomemmoognAGA6Watetsne 0; ,1.<00,00,0004 44434'''kg""45"0100,0***00000004,-, CONSULTA NT FEE DETERMINATION SUMMARY OF COST Tukwila Urban Center - Pedestrian/Bicycle Bridge, Supplement No. 10 Classification ey.,,,,ymymnymouRfor —ipywa4. '""ltiMNFAVOI 'Amow*R4 .7,:wpowtc Aggro +0,060100 Al$1,01,,k Vot00400 W.OMM 40AM Overhead (OH) Cost OH Rate x DSC of Fixed Fee (FF) FF Rate Reimbursables Mileage Reprographics Subcontract (Blank) zYT Subtotal Total Hours X Rate 7.00 A „ moyszfok PROM:" „agswi.md". 32.00 X $ 0.00 X 38.00 X 0.00 X Igor ',,,'"VAMWAVIVAWA, '4 ,40,n1kAgOVAOVS1 2.00 X liffikwitymom,..y.— 111111164011111511 • •104,410* DSC Subtotal Cost $3,365.25 $3,365.25 65/mile) ask) $448.48 $1,726.46 $0.00 $1,153.22 $0.00 $37.09 $3,365.25, $5,605.17 $1,009.58 $19.78 $19.78 ISubconsultant Total: Date: 11/20/2013 219 220 Hour Summary KPFF Consulting Engineers ENGINEERING COST ESTIMATE Tukwila Urban Center- Pedestrie NBicycle Bridge, Supplement No. 10 r;x Wt 444 Watershed Science S Engineenng r'LkUWatestre14 Pnnaoal G15 Clerical SCOPE OF WORK $64.07 $53.95 $37.09 030.35 $25.29 $18. ULTIPLIER: 2.9656 $0.00 $0.00 moo TOPOGRAPHIC AND BOUNDARY SURVEY KPG st; 'r" t .. Lr NT". Labor Sub $0.00 $0.00 10.0o ALAr vriwor 5050 ,ri5050 ' 7fiWq $0.00 $0.00 $0.00 $0.00 $0.00 irAM4iii.1440. OVAL Abi 4,4 $0.99 T412"T'.0 41if 1!4Wkpi7ii4 Era !"Il,'RJMV I V d tx TiA Frlt13(J°a 'iu7ANE4 00.00 "at1540SOAq " ". 45050 Vg V T(rt, 4114 Mu Labs semmm: $0.00 $0.00 00.00 $0.00 woo 444141'4;kS0'#OfrBN75050 M1sa'TWAWA I a 41 "Y 1✓ T AAA r Subto $1,200.00 0680.00 $1,360.00 $1.720.00 $1,510.00 $3,510.00 00.00 $0.00 $0.00 00.00 19,980.00 » NASI15850 XrVA ttt 50 1050Ji4': IPA 4 A At $0.00 $0.00 10.00 RIGHT- OF,WAY ACQUISITION UNIVERSAL FIELD SERVICES '0 , .;xW"4'441S ::ddl "'�1a"'4`a.Fi�!�" KA, UWmh rv;,;tJl14 Agt ahFr Om Pr,t'' iAFIR a' 08 $0.00 $0.00 ANmI "'" 00.00 $0.00 7:157 7.7 Fanat $0.00 $0.00 ll1e0941047 't t585 2'aS,aMq a ^.^r-ww�4 °:3r.. 5V, 0 4 $0.00 MU -12 111MTIMM $0.00 $0.00 It es, POMMY Me ,4! Nda!01Q01,V. Labor Subtotal: abor Su mom fl i4 44 "T'WJ:krcdl'4u at +. 00.00 'F7! 32 0 38 '0 2 $9,980.00 Reimbursables Sum $19.78 ;;n Watershed JBTOTAL , , ,n1$0,999 78.;1' "; File: 2013.11.20 Tukvnla Supp. 10 Combined Fee Esfimateads Page 5 cf 5 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Tukwila Urban Center - Pedestrian /Bicycle Bridge Project No. 90510403 DESCRIPTION: Construct a new pedestrian /bicycle bridge over the Green River. JUSTIFICATION: Pedestrian/bicycle connection between Tukwila's Urban Center and commuter rail /Amtrak station. Supports local and regional goals and policies regarding land use and transportation in Urban Center. Pedestrian System Report identified the optimal location for bridge crossing to be south of the Ramada Inn at STATUS: 15901 West Valley Hwy. Type, Size, and Location Report was completed in 2011. Council approved a design of a twin -tied arch bridge with no accommodation for a future bridge crossing over West Valley Highway. MAINT. IMPACT: To be determined. Design grants: State Enhancement for $190k & $500k, Transit Oriented Development (TOD) planning grant COMMENT: of $55k, and Federal CMAQ grant of $751 K. WSDOT Regional Mobility construction grant of $6.870M. Project is on Park Impact Fee list with funding of $2 million with an 80 %/20% split for $1.6M. A City Bond issue or interfund loan could be used for the City match. FINANCIAL Through Estimated 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL EXPENSES Design 585 748 300 1,633 Land (RAN) 1,100 1,100 Const. Mgmt. 1,000 1,000 Construction 6,485 6,485 TOTAL EXPENSES 585 748 1,400 7,485 0 0 0 0 0 10,218 FUND SOURCES Awarded Grant 540 713 243 1,496 Awarded Reg Mobility 870 6,000 6,870 Park Impact Fees 35 55 55 145 Bond /Interfund Loan 0 City Oper. Revenue 45 0 232 1,430 0 0 0 0 0 1,707 TOTAL SOURCES 585 748 1,400 7,485 0 0 0 0 0 10,218 2014 - 2019 Capital Improvement Program 12 221 Proposed: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Tukwila Urban Center - Pedestrian /Bicycle Bridge Project No. 90510403 DESCRIPTION: Construct a new pedestrian /bicycle bridge over the Green River. JUSTIFICATION: Pedestrian /bicycle connection between Tukwila's Urban Center and commuter rail /Amtrak station. Supports local and regional goals and policies regarding land use and transportation in Urban Center. Pedestrian System Report identified the optimal location for bridge crossing to be south of the Ramada Inn at STATUS: 15901 West Valley Hwy. Type, Size, and Location Report was completed in 2011. Council approved a design of a twin -tied arch bridge with no accommodation for a future bridge crossing over West Valley Highway. MAINT. IMPACT: To be determined. Design grants: State Enhancement for $190k & $500k, Transit Oriented Development (TOD) planning grant COMMENT: of $55k, and Federal CMAQ grant of $751 K. WSDOT Regional Mobility construction grant of $6.870M. Project is on Park Impact Fee list with funding of $2 million with an 80 %/20% split for $1.6M. A City Bond issue or interfund loan could be used for the City match. FINANCIAL Through Estimated 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL EXPENSES Design i >'a f t," Pi(} .$, � Desi rX 3 � 585 p f a 748 ��. „.t„ 300 l �,,. Af,,. i " (..... a j iN ,,.r ., �, �J f i. � 1,633 p ,724 Land (R/W) 1,100 1,100 / 1 Y f // s t f �r / t ! j F F 1 i 1 7 / 1. t Y ! 0 / F/ f; I �I i 1p> it$ Lahti } j r F 1`xt��� Const. Mgmt. 1,000 1,000 Construction 6,485 6,485 TOTAL EXPENSES 585 748 1,400 7,485 0 0 0 0 0 10,218 FUND SOURCES Awarded Grant 540 713 243 1,496 Awarded Reg Mobility 870 6,000 6,870 Park Impact Fees 35 55 55 145 Bond / Interfund Loan 0 CityOper. Revenue 45 0 232 1,430 0 0 0 0 0 1,707 TOTAL SOURCES 585 748 1,400 7,485 0 0 0 0 0 10,218 222 2014 - 2019 Capital Improvement Program 12 Transportation Committee Minutes November 26, 2013 — Page 3 G. Tukwila Urban Center Pedestrian/Bicycle Bridge Staff is seeking Council approval of Supplement No. 10 to Contract No. 07 -123 with KPFF Consulting Engineers in the amount of $221,419.54 for the Tukwila Urban Center Pedestrian/Bicycle Bridge. Under this contract originally approved in 2005, design has proceeded through the 30% level. During this time additional work beyond the original contract scope has been identified in order to obtain all required environmental approvals and non -city permits. This supplement will provide additional services relating to: • Incorporation of trail alignment alternatives and parking lot (re)configuration, including associated surveying and utility locating • US Coast Guard Permitting requirements • Hydraulic analysis of the Green River and associated surveying • Right of way acquisition and associated surveying • Management and coordination assocated with these modifications The Regional Mobility grant funding obtained earlier this year, originally identified to complete right of way acquisition and construction, can be applied toward this work. Following a discussion of project funding as shown on the CIP sheet, the Committee requested that staff create a chronologically oriented table showing the overall funding picture, including the movement of $90,574 from the right of way phase into the design phase. The Committee also requested a range of potential costs associated with right of way acquisition be included for the Committee of the Whole. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 COMMITTEE OF THE WHOLE AND DECEMBER 9 SPECIAL MEETING. III. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD) Meeting The October 15 meeting summary and November 19 agenda were available in the packet for reference. Committee Chair Kruller mentioned the Report from the Officers Nominating Committee as a highlight. IV. MISCELLANEOUS Derek Speck, Economic Development Administrator, provided an update on the development at the site of the former Circuit City. Meeting adjourned at 6:48 p.m. Next meeting: Tuesday, December 10, 2013 Committee Chair Approval Minutes by LH, Reviewed by GL. 223 Transportation Committee Minutes November 26, 2013 — Page 3 G. Tukwila Urban Center Pedestrian/Bicycle Bridge Staff is seeking Council approval of Supplement No. 10 to Contract No. 07 -123 with KPFF Consulting Engineers in the amount of $221,419.54 for the Tukwila Urban Center Pedestrian/Bicycle Bridge. Under this contract originally approved in 2005, design has proceeded through the 30% level. During this time additional work beyond the original contract scope has been identified in order to obtain all required environmental approvals and non -city permits. This supplement will provide additional services relating to: • Incorporation of trail alignment alternatives and parking lot (re)configuration, including associated surveying and utility locating • US Coast Guard Permitting requirements • Hydraulic analysis of the Green River and associated surveying • Right of way acquisition and associated surveying • Management and coordination assocated with these modifications 224 The Regional Mobility grant funding obtained earlier this year, originally identified to complete right of way acquisition and construction, can be applied toward this work. Following a discussion of project funding as shown on the CIP sheet, the Committee requested that staff create a chronologically oriented table showing the overall funding picture, including the movement of $90,574 from the right of way phase into the design phase. The Committee also requested a range of potential costs associated with right of way acquisition be included for the Committee of the Whole. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 COMMITTEE OF THE WHOLE AND DECEMBER 9 SPECIAL MEETING. III. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD) Meeting The October 15 meeting summary and November 19 agenda were available in the packet for reference. Committee Chair Kruller mentioned the Report from the Officers Nominating Committee as a highlight. IV. MISCELLANEOUS Derek Speck, Economic Development Administrator, provided site of the former Circuit City. Meeting adjourned at 6:48 p.m. Next meeting: Tuesday, December 10, 2013 Committee Chair Approval Minutes by LH, Reviewed by GL. an update on the development at the COUNCIL AGENDA SYNOPSIS MeetinsDate Prepared by Mg ,or's review Council rev et» 12/09/13 BG (0, ,/ , 1,1 Ordinance ri Bid Award Mtg Date 0 LIl Public Hearing illtsDate E Other Ali's. Date — SPONSOR Council E Mayor E HR El DCD El Finance E Fire IT E P&R 11 Police Fl PUT/ SPONSOR'S This ordinance will update the current policies and practices for the Equipment Rental and SUMMARY Replacement Fund. The new ordinance will replace Ordinance No. 1309 and will now cover full replacement (not just depreciation), include all city vehicles, specifically Fire pumpers and ladder trucks, and allow for additional funding if needed. Council is being asked to approve the Ordinance amending Tukwila Municipal Code Chapter 3.80 for the Equipment Rental and Replacement Fund. REVIEWIil) BY COW Mtg. II] CA&P Cmte E F&S Cmte E Transportation Cmte Z Utilities Cmte Arts Comm. 11 Parks Comm. El Planning Comm. DATE: 12/02/13 COMMITTEE CI IAIR: JOE DUFFIE RECOMMENDATIONS: SPoNsoR/ADmiN. COMMITTEE Public Works Unanimous Approval; Forward to Consent Agenda at Special Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 ITEM INFORMATION ITEM No. Spec 2 CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 12/09/13 AGENDA ITEM TITLE Ordinance to Update Equipment Rental Fund Tukwila Municipal Code Chapter 3.80 CATEGORY Discussion Mtg Date 12/09/13 E Motion AltgDate Resolution Mtg Date 1,1 Ordinance ri Bid Award Mtg Date 0 LIl Public Hearing illtsDate E Other Ali's. Date Mtg Date 12/09/13 SPONSOR Council E Mayor E HR El DCD El Finance E Fire IT E P&R 11 Police Fl PUT/ SPONSOR'S This ordinance will update the current policies and practices for the Equipment Rental and SUMMARY Replacement Fund. The new ordinance will replace Ordinance No. 1309 and will now cover full replacement (not just depreciation), include all city vehicles, specifically Fire pumpers and ladder trucks, and allow for additional funding if needed. Council is being asked to approve the Ordinance amending Tukwila Municipal Code Chapter 3.80 for the Equipment Rental and Replacement Fund. REVIEWIil) BY COW Mtg. II] CA&P Cmte E F&S Cmte E Transportation Cmte Z Utilities Cmte Arts Comm. 11 Parks Comm. El Planning Comm. DATE: 12/02/13 COMMITTEE CI IAIR: JOE DUFFIE RECOMMENDATIONS: SPoNsoR/ADmiN. COMMITTEE Public Works Unanimous Approval; Forward to Consent Agenda at Special Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/09/13 MTG. DATE ATTACHMENTS 12/09/13 Informational Memorandum dated 11/27/13 Draft Ordinance Equipment Rental & Replacement Fund Ordinance No. 1309 Vehicle/Equipment Procurement and Replacement Policy 900-05 Minutes from the Utilities Committee meeting of 12/02/13 225 226 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Directo BY: Gail Labanara, Public Works Analyst DATE: November 27, 2013 SUBJECT: Ordinance to Update Equipment Rental Fund 501 Tukwila Municipal Code Chapter 3.80 ISSUE The Equipment Rental Fund Ordinance requires updating to reflect current procedures. BACKGROUND The Equipment Rental Fund Ordinance No. 1309 was established in 1983 as state law RCW 35.21.088 requires that every city with a population over 8,000 should establish an Equipment Rental Fund. Ordinance No. 1309 included the initial funds needed to contribute for the Equipment Rental revolving account and the ability to charge the home unit on a monthly basis for depreciation and maintenance. The initial ordinance included all City vehicles except for Fire Department pumpers and ladder trucks. Ordinance No. 1309 no longer reflects the current City procedures under the Vehicle /Equipment Procurement and Replacement Policy 900 -05. DISCUSSION The draft Ordinance will update the current policies and practices for the Equipment Rental and Replacement Fund. Ordinance No. 1309 will still stand as a historical document for the establishment of the Fund. The main changes to the Ordinance include; • Covers full replacement of the vehicle (not just a depreciation schedule) • All City vehicles are now included, specifically Fire pumpers and ladder trucks • For each biennial budget, staff will include a full review of each department's fleet requirements and criteria for replacement, which will vary depending on best practices, type of equipment, and meeting the operational needs of the home unit. • Additional funding can be added to the Equipment Rental and Replacement Fund, which will enable each department to obtain the equipment that is needed to "right size" our City fleet as well as stabilize the funding for the replacement. RECOMMENDATION The Council is being asked to approve the Ordinance amending Tukwila Municipal Code Chapter 3.80 for the Equipment Rental and Replacement Fund and consider this item at the December 9, 2013 Committee of the Whole Meeting and the Special Meeting that same night. Attachments: Draft Equipment Rental & Replacement Fund Ordinance Ordinance No. 1309 Vehicle /Equipment Procurement and Replacement Policy 900 -05 z:\public works \equipment rental (fleet)Unto memo ordinance no. 1309.doc 227 228 AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1309, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 3.80; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 3.80 AS "EQUIPMENT RENTAL AND REPLACEMENT FUND" TO UPDATE COVERED EQUIPMENT AND METHOD OF REPLACEMENT FUNDING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to state law, RCW 35.21.088, every city having a population of more than 8,000 shall establish an equipment rental fund; and WHEREAS, the City of Tukwila desires to fund for replacement of City vehicles and related equipment; and WHEREAS, the City desires to establish replacement criteria and an orderly schedule of replacing necessary City vehicles and related equipment; and WHEREAS, an update is required to accurately reflect current policies and practices; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Chapter 3.80 is hereby reenacted to read as follows: CHAPTER 3.80 EQUIPMENT RENTAL AND REPLACEMENT FUND Sections: 3.80.010 Established 3.80.020 Purpose of Fund 3.80.030 Sources of Revenue 3.80.040 Rental Rates 3.80.050 Administration 3.80.060 Reporting and Review W: Word Processing\Ordinances\Equipment Rental and Replacement Fund 11 -21 -13 GL:bjs Page 1 of 4 229 Section 2. TMC Section 3.80.010 is hereby reenacted to read as follows: 3.80.010 Established The fund is to be known as the Equipment Rental and Replacement (ER &R) Fund, pursuant to RCW 35.21.088, for the purpose of operations, supplies, repairs, maintenance, and replacement of the City's vehicles and related equipment. Section 3. TMC Section 3.80.020 is hereby reenacted to read as follows: 3.80.020 Purpose of Fund The purpose of the Equipment Rental and Replacement Fund shall be for the control, operation, and maintenance of the City's fleet equipment, and for the rental of such equipment to the various City departments at rates sufficient to meet the costs of operation and to provide funds for acquisition and replacement of covered equipment. Equipment in the ER &R Fund must have a replacement value of at least $5,000. All City vehicles will be included, as well as other equipment that meets the value threshold and requires maintenance by the Public Works Department's Fleet Division. Section 4. TMC Section 3.80.030 is hereby reenacted to read as follows: 3.80.030 Sources of Revenue A. The Equipment Rental and Replacement Fund shall obtain its funding by any of the following: 1. Direct appropriation in the biennial budget; 2. Budget transfer made by ordinance from other funds of the City; 3. From proceeds received from the rental of any equipment owned by the fund to other departments, offices, or funds of the City. This shall include transfers from other funds or direct payment of amounts received for the use of such equipment on reimbursable projects performed by the City; 4. From the sale of any equipment in the ER &R Fund. B. The funds included in the Equipment Rental Fund for the origination of the system were detailed in City of Tukwila Ordinance No. 1309, as well as calculations related to valuations of the existing equipment at the time of the creation of the Equipment Rental Fund. W: Word Processing \Ordinances\Equipment Rental and Replacement Fund 11 -21 -13 GL:bjs 230 Page 2 of 4 Section 5. TMC Section 3.80.040 is hereby reenacted to read as follows: 3.80.040 Rental Rates A. The administrator of the. ER &R Fund or designee shall establish a schedule of reasonable rental rates and other charges sufficient to cover the maintenance, operation, and replacement of the equipment. The rates shall take into consideration the costs of operating supplies, maintenance expenses, insurance, depreciation, and other direct and indirect costs. There shall be a contingency for the purpose of adding additional equipment and replacement of old equipment, including shop and administrative equipment and other items that may be reasonable or necessary in the operation of the ER &R Fund. B. The annual equipment replacement charge will be determined by dividing estimated years of life into the estimated purchase price and charging the home unit on a monthly basis. Shared equipment may be charged on a pro rata share basis. C. Replacement exceptions occur when the replacement item is over 10 percent of the estimated cost. The home unit is then responsible to fund the difference or, if an addition to the fleet is proposed, the home unit will fund the entire initial purchase. Departments will also have the ability to set aside funds for future purchases, enhancing the ability to plan for additional capital equipment fleet requirements. These processes will be accomplished through the ER &R transfer procedures. Section 6. TMC Section 3.80.050 is hereby reenacted to read as follows: 3.80.050 Administration The Public Works Department will maintain the assigned equipment and provide the detailed records for the equipment replacement plan. All labor, materials, repairs, replacements and other costs will flow through this system and provide the basis for reporting. In addition, because this is a proprietary fund, it will be maintained in a manner similar to the Water and Sewer Funds. Reconciliation with the Finance Department will occur annually by the last day of February, following the close of the fiscal year. Section 7. TMC Section 3.80.060 is hereby created to read as follows: 3.80.060 Reporting and Review An equipment replacement plan will be approved in each adopted budget. Criteria for replacement will vary depending on fleet management best practices, type of equipment, and meeting the operational needs of the home unit. Section 8. Repealer. Ordinance No. 1309 is hereby repealed. W: Word Processing\Ordinances\Equipment Rental and Replacement Fund 11 -21 -13 GL:bjs Page 3 o 4 231 Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 10. 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 11. 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 Special Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word ProcessinglOrdinances\Equipment Rental and Replacement Fund 11 -21 -13 GL:bjs 232 Page 4 of 4 CITY OF TUKWILA WASHINGTON ORDINANCE NO /3���� AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, CREATING AND ESTABLISHING A SPECIAL FUND TO BE KNOWN AS THE EQUIPMENT RENTAL FUND (507) TO BE USED AS A REVOLVING FUND FOR OPERATIONS, SUPPLIES, REPAIRS, AND FOR REPLACEMENT OF THE CITY'S VEHI- CLES AND RELATED EQUIPMENT. WHEREAS, the City of Tukwila desires to fund for depreciation of City vehicles and related equipment, and WHEREAS, the City also desires to provide accurate costs for its operating departments, and WHEREAS, the City desires to establish replacement criteria and an orderly schedule of City vehicles and related equipment replace- ment. WOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, D0 ORDAIN AS FOLLOWS: Section 1. That there is hereby established and created a special revolving fund to be known as the Equipment Rental Fund pursuant to RCW 36.21,088 for the purpose of operations, supplies, repairs, and replace- ment and maintenance of the City's vehicles and related equipment. Section 2. Equipment in the fund must have a replacement value of at least $2,000. Equipment from the Current, Street, Golf, Water and Sewer Funds will be included. All vehicles except Fire Department pumpers and ladder trucks will be incloded. Data processing equipment alarm systems, buildings or playground equipment are not included. See Attachment °A" for items in the Fund as of January 1, 1034. Section 3. The funds included in the Equipment Rental Fuld will contribute an initial amount and equipment per the schedule On Attachment "8° over a three-year period (includes interest at lU% per annum on balance owing.) 1984 1985 T$86 Total Current 107,500 110,080 101,640 319.148 Golf 47°000 30,000 24,475 101,475 Street 43,500 40,000 37,675 121,176 Water 10,000 10,000 9,000 29,000 Sewer 1 l800 11 000 12 000 34,000 TOTALS 219,000 201,0 O0 134,790 604,790 The initial contribution calculation includes depreciation through 3/31/83, interest to be earned until scheduled replacement, and expected salvage value. The annual equipment replacement charge will be determined by dividing estimated years of life into purchase price and charging the "home unit" on a monthly basis. When a unit other than the home unit uses the equipment, the using unit is charged and the home unit credited. Replacement exceptions occur when the replacement item is a plus or minus ten percent, the hone unit is responsible to fund the difference or conversely receive a credit; or if a brand new item is proposed, the home unit will fund the entire initial purchase. Page 2 The operation and maintenance cost for each piece of equipment in the fund will be borne by the home units. Direct costs will be charged to each piece of equipment along witha loading factor which will cover all indirect costs. SECTION 4. The Public Works Department will operate and maintain the assigned equipment and provide the detailed records for the Program. The Finance Department will maintain the present Job Cost Systems, along with a few program adjustments, which will provide a complete accounting system for the Program. All labor, materials, repairs, replacements and other costs will flow through this system and provide the basis for reporting. In addition, because this is a "Proprietary Fund", it will be maintained very similar to the Water and Sewer Funds. SECTION An equipment replacement plan will be approved in each years adopted budget. Criteria for replacement will vary depending on type of equipment. SECTION 6. This ordinance shall be effective on the first day of January, 1984. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, NA5UINGTON, at a regular meeting thereof this r� day of , 4 - , 1983. . : -- — Approved as to Form: Daniel Woo, City Attorney in Anderson, City Clerk Published, Record Chronicle - December 26, 1983 Record Chronicle - January 6, 1984, Republished due to editing error. 234 ATTACHMENT A, PAGE 1 ATTACHMENT A. EQUIPMENT RENTAL WORKSHEET (2) (3) (4) (5) (6) Year Depreciation Value Estimated Year Equipment Vehicle To Be Original thru on Replacement Purchased Descri•tion Number Re ►l aced Cost 12/31/83 1/I 84 Cost (7) (8) Contribution Home (9) 1984 Equipment Capital Unit Real. Ch.arie CURRENT FUND - POLICE New (replace 95) -- 1984 1981 Toyota 4 -Door 84 1988 1980 Toyota Lift Back 85 1987 1976 Dodge Dart 93 1984 1975 Dodge Dart 99 1985 1983 Dodge Diplomat 86 1986 1983 Dodge Diplomat 87 1986 1980 Dodge 89 1984 1980 Dodge 96 1984 1981 Chevrolet 97 1985 1979 Dodge St. Regis K -9 98 1984 1982 . Dodge Diplomat 100 1985 1977 Pontiac 88 1984 1978 Kawasaki 388 1985 1978 Kawasaki 389 1984 1982 Kawasaki 442 1987 -0- -0- 5,856 2,501 5,585 3,205 4,330 4,330 4,000 3,600 8,679 2,899 8,679 2,899 6,706 6,706 6,706 6,706 8,687 6,517 6,499 6,499 8,424 6,514 4,931 4,931 4,327 3,727 4,706 4,706 5,462 2,182 -0- 7,500 3,355 8,500 2,380 9,000 -0- 7,500 400 8,000 5,780 13,000 5,780 13,000 -0- 11,000 -0- 11,000 2,170 12,000 -0- 11,000 1,910 12,000 -0- 7,500 600 6,500 -0- 6,000 3,280 7,000 SUBTOTALS 93,577 67,922 25,655 61,500 7,500 Admin. 935 4,500 Invest. 835 4,500 Invest. 800 6,500 Invest. 500 6,000 Invest. 400 9,500 Patrol 2,890 9,500 Patrol 2,890 10,000 Patrol 2,750 10,000 Patrol 2,750 9,000 Patrol 2,170 10,000 Patrol 2,750 9,000 Patrol 1,910 6,500 Crime Prev. 500 5,000 Traffic 600 5,000 Traffic 1,500 4,000 Traffic 1,090 116,500 25,270 CURRENT FUND - FIRE 1978 Oldsmobile 501 1988 7,300 4,3+ 2,920 14,000 8,000 Admin. 585 1983 Chevrolet 514 1993 9,055 905 8,150 16,000 4,000 Prevention 1,015 1976 Dodge Pickup 503 1986 5,500 est. 4,400 1,100 11,000 7,000 Prevention 550 1980 Dodge 4 -WD Pickup 504 1990 8,713 3,483 5,230 16,000 6,500 Training 870 1978 GMC Aid Car 508 1986 25,000 18,750 6,250 60,000 41,000 Emer. Serv. 2,085 SUBTOTALS 55,568 31,918 23,650 66,500 5,015 W C) ATTACHMENT A, PAGE 2 Year Purchased (1) Equi pment Description Vehicle EQUIPMENT RENTAL WORKSHEET (2) Year To Be (3) Original (4) (5) Depreciation Value on thru '(6) Estimated Replacement (7) Contribution (8) Home (9) 1984 Equipment CURRENT FUND - PUBLIC WORKS ,.. ,r.. 11 ,,v-T w L.apttar unit xep1.. Charge 1980 AMC Concord 1 1990 5,280 2,120 3,160 10,000 4,500 Admin. 525 1980 AMC Concord 2 1990 5,280 2,120 3,160 10,000 4,500 Admin. 525 1977 Pontiac 25 1985 5,000 4,380 620 7,700 5,500 Eng. 620 1974 Dodge 1/2 Ton Van 21 1985 3,500 3,150 350 11,000 8,500 Eng. 350 1971 Chevrolet 1/2 Ton Van 5 1984 2,800 2,800 -0- 10,000 9,000 Bldg. Maint. 500 1975 Dodge 3/4 Pickup 18 1985 4,200 3,780 420 9,000 6,800 Park 420 1979 Dodge e/4 Pickup 20 1989 5,841 2,921 2,920 11,000 4,000 Park 585 1974 J. C. Penny Mower 61 1984 1,900 1,900 -0- 12,000 11,000 Park 650 1977 John Deer Mower 64 1987 2,400 1,680 720 12,000 7,500 Park 240 1980 Jacobsen Mower 70 1990 11,228 4,488 6,740 17,000 4,000 Park 1,125 1980 Snowco Trailer 70 1990 2,700 720 1,980 4,000 500 Park 330 SUBTOTALS 50,129 39,059 20,070 22,000 * 65,800 5,870 CURRENT FUND - RECREATION 1974 Dodge 1 Ton Van 22 1984 6,000 6.,000 -0- 12,000 11,000 Recreation 690 1976 Dodge 1 Ton Van 23 1984 6,300 6,300 -0- 12,000 11,000 Recreation 690 1977 Pontiac LeMans 24 1985 4,931 4,32.1 610 7,700 5,500 Recreation 610 SUBTOTALS 17,231 16,621 610 24,000 * 27,500 1,990 CURRENT FUND -_PLANNING 1980 Datsun Pickup 6 1988 6,000 3,000 3,000 9,000 3,000 Building 750 CURRENT FUND - ADMINISTRATION 1975 AMC Hornet 7 1987 4,500 3,375 1,125 9,000 6,500 Mayor 375 1975 Dodge Dart 10 1985 4,000 3,600 400 7,700 5,700 Mayor 400 SUBTOTALS 8,500 6,975 1,525 12,200 775 CURRENT FUND TOTALS 231,005 156,495 74,510 107,500 * 291,500 39,670 ATTACHMENT A, PAGE 3 Yea r Purchased (1 ) Equipment Description Vehicle Number (2) Year To Be QUIPMENT RENTAL WORKSHEET (3) Original (4) Depreciation thru (5) Value. on •(6) Estimated Replacement (7) (8) Contribution Home (9) 1984 Equipment STREET - ,. �•••• to l /u, 4v. 60 -.1 E,01 UfIIL Kept. Lnarge 1968 2 Ton Chev. Manlift 4 1988 22,000 10,000 12,000 30,000 10,000 Street 3,000 1977 Dodge 3/4 Ton Pickup 9 1987 5,037 3,537 1,500 10,000 5,000 Street 500 1980 Dodge 1 Ton Dump Truck 15 1990 11,211 4,481 6,730 20,000 5,000 Street 1,120 1973 Chev 1 Ton Dump Truck 16 1984 3,000 3,000 -0- 15,000 13,000 Street 750 1982 Ford 2 Ton Dump Truck 28 1992 13,602 2,722 10,880 25,000 4,000 Street 1,360 1972 J. D. 500 Backhoe 50 1987 10,000 7,000 3,000 30,000 14,000 Street 1,000 1973 J. D. Mower /Loader 52 1988 6,000 4,400 1,600 16,000 6,500 Street 400 1980 Mobile Sweeper 60 1995 65,000 17,300 47,700 150,000 20,000 Street 4,335 1975 Asphalt Spreader 69 1990 6,482 3,892 2,590 15,000 4,000 Street 430 1973 Pacific Pump a Tank 72 1988 1,200 880 320 3,000, 1,000 Street 80 New Paint Striper 1984 16,500 16,500 Street 825 New 5 -Ton Roller 1984 10,000 10,000 Street 330 New Fault Detector 1984 2,000 2,000 Street 100 TOTAL STREET 143,532 57,212 86,320 43,500 * 111,000 14,230 GOLF COURSE 1974 Ford Courier Pickup 14 1985 3,310 3,000 310 8,000 6,000 Golf Course 310 1977 Cushman Scooter 505 1985 2,000 1,750 250 5,000 4,000 Golf Course 250 1978 Jacobson Mower 107 1984 11,000 11,000 -0- 15,000 13,000 Golf Course 750 1978 Greens Mower - Jacobson 108 1986 6,000 4,500 1,500 13,000 6,000 Golf Course 750 1983 Greenaire Aeriator 117 1993 6,800 680 6,120 12,000 50'0 Golf Course 680 Turf Vac 118 1986 3,000 est. 2,000 1,000 5,000 3,500 Golf Course 500 1983 Greens Mower - Toro 123 1991 10,000 1,250 8,750 18,000 2,000 Golf Course 1,250 1983 Top Dresser 124 1991 4,956 456 4,500 9,000 1,000 Golf Course 640 Yazoo Rotary Mower 111 1984 6,000 est. 6,000 -0- 12,000 12,000 Golf Course 750 1953 Ford Tractor 109 1984 3,000 est. 3,000 -0- 15,000 14,000 Golf Course 500 1953 Ford Tractor 110 1985 3,000 est. 3,000 -0- 16,000 15,000 Golf Course Ryan Sod Cutter 112 1985 1,000 est, 1,000 est. -0- 3,500 3,500 Golf Course Spray Tank 116 1984 500 est, 500 -0- 5,000 5,000 Golf Course 250 West Point Aeriator 119 1986 1,000 1,000 -0- 9,000 9,000 Golf Course TOTAL GOLF COURSE 61,566 39,136 22,430 47,000 * 94,500 6,630 CO ATTACHMENT A, PAGE 4 Year chased (1) Equipment Descri Vehicle EQUIPMENT RENTAL WORKSHEET (2) (3) (4) Year To Be Original Depreciation Value thru on Estimated Replacement (7) Contribution (8) (9) 1904 Equipment WATER - - .^,~.~^ ."/°` ^v u pica/ un t xepl' Char 1975 Ford Pickup Courier 11 1985 3,900 3,510 390 8°000 6,500 Water 390 1977 Dodge 1 Ton 12 1887 7,526 5,266 2,260 13,000 8°000 / Water 750 1902 Dodge 3/4 Ton Pickup 29 1992 7,951 1,691 6,360 16,000 2,000 Water 795 1978 J. D. 310 Duckhoe 51 1993 20,800 8,320 12,480 40°000 4,000 Water 1,385 1975 Pincof 5000 Generator 79 1992 1,080 500 500 4^000 500 Water 60 Nev Light Bar Trailer 1984 5,500 5,500 Water 180 TOTAL WATER 41,177 19^187 21,090 9,500 * 26,500 8,560 SEWER 1977 GMC Sewer Jet 8 ' 1987 15,305 10J15 4,590 30,080 16,000 Sewer 1,530 1980 Dodge 1 Ton With Box 17 1990 9,571 3`831 5,740 18,000 4"000 Sewer 955 1977 Gorman Trash Pump 63 1992 6,136 2,866 3,270 14`000 4,000 Sewer 410 New Hydraulic Comp. Backhoe 1984 5,800 5,800 Sewer 195 TOTAL SEWER 31,02 17,412 13,600 5,800 * 29,800 3,090 EQUIPMENT RENTAL 1975 Dodge 1/2 Ton Van 13 1985 3`900 3,510 390 8,000 6,000 Equip. Rent. 398 1974 Ingram Port. Compressor 55 1989 4,250 2,830 1,420 10,000 5,000 Equip. Rent. 285 1872 Lincoln Welder TOTAL EQUIPMENT RENTAL 62 1987 3,000 11.150 2,200 8,540 800 2,610 5,000 3,000 14 Equip, Rent. 265 940 940 GRAND TOTAL 519,442 297,982 221,460 209,300 * 567,300 68,120 (l) Initial contribution will be made by Current Fund, * 1984 Scheduled Replacement only. Index: 900 -05 Page 1 of 5 TITLE: VEHICLE /EQUIPMENT PROCUREMENT & REPLACEMENT POLICY PURPOSE: To outline the City's fleet management program to support the departmental core duties in the most budget responsible manner and to establish general procedures for the planning and purchasing of fleet inventory capital equipment. REFERENCES: Tukwila Municipal Code Chapter 3.80, Equipment Rental Fund RCW 35.21.088 Ordinance No. 1309 NFPA 1901 POLICY STATEMENT: Consistent and predictable timelines for purchase of capital equipment in the 501 Fund promotes efficiency and department satisfaction. Equipment will be purchased in a manner that best meets the overall needs of the City and that is consistent with City policy and State law. Working closely with customer departments and Finance, it shall be the responsibility of Fleet Services to plan, budget, and purchase capital equipment in accordance with the Tukwila Municipal Code and schedule listed in this policy. DEFINITIONS: Heavy apparatus means pumper, aerial ladder, vactor waste truck, heavy rescue, SWAT Van, or vehicles where the gross vehicle weight is in excess of 8,500 lbs. Passenger vehicle means sedans, light -duty trucks, station wagons, SUVs, vans (cargo and passenger), motorcycles, 4x4s, or any other vehicle where the gross vehicle weight is less than 8,500 lbs. PROCEDURES: INTRODUCTION The City of Tukwila requires vehicles and equipment for service delivery, law enforcement, street maintenance, utilities maintenance, inspections, fire suppression, parks maintenance, emergency response, and administrative services. The fleet has a significant budget impact on the City. The objective of this vehicle replacement guideline /procedure is to promote an orderly plan for purchasing and funding a standardized fleet replacement program and to identify future departmental fleet and equipment requirements. 239 TITLE: VEHICLE /EQUIPMENT PROCUREMENT & REPLACEMENT POLICY Index: 900 -05 Page 2 of 5 All City vehicles and equipment acquired and maintained shall be recommended for replacement in accordance with this guideline. 1) The guidelines for vehicles /equipment considered for replacement are based upon the unit meeting predetermined age and/or mileage criteria. Additional consideration will also be given to functionality and overall condition of the vehicle. Priority will be given to those departments whose services relate to public health and safety and emergency response (First Responders). a) As passenger vehicles reach the targeted miles or age for replacement, Fleet Management will perform a vehicle maintenance evaluation. Factors that will be considered in the evaluation of passenger vehicles include: • Mileage - The most heavily weighted factor. • Maintenance Costs - The second most important factor. • Vehicle Age - Age alone does not provide a direct correlation to reliability or maintenance; mileage is a far more accurate gauge. • Vehicle must be fully depreciated. b) Factors that will be considered in the evaluation of heavy apparatus include: • Mileage - Experience has shown that beyond 100,000 miles, reliability begins to drop significantly. • Vehicle Age - With increased age comes a decrease in features and performance. As an example, NFPA 1901, Standard for Automotive Fire Apparatus (2008 edition), does not recommend a specific lifespan for fire apparatus because of all the various factors that impact life span. An apparatus may be used as a front line piece of equipment for 5 to 10 years, depending on usage factors, or apparatus greater than 15 years that have been properly maintained and that are still in serviceable condition can be placed in reserve status. • Maintenance Costs - There are far fewer heavy apparatus -type vehicles in the fleet. As a result, there is a far greater impact upon a Department's ability to fulfill its mission when one of these vehicles is unavailable due to maintenance and repair needs. • Vehicle must be fully depreciated. 2) REPLACEMENT CRITERIAM - Timely replacement ensures vehicles /equipment are replaced once the vehicle's life cycle or economic costs reach a minimum. Anticipated depreciation and resale value are considerations in replacing vehicles; however other criteria such as operating costs, safety standards and departmental needs are also evaluated. Fleet Management recommends replacement of a vehicle based on the criteria met for each class of vehicle. A technical /maintenance evaluation of requested replacement vehicles will be performed by Fleet Management staff and forwarded to the Public Works Director for approval and inclusion in the budget. The targeted replacement cycles, in terms of recommended minimum years and miles, are as follows: 240 TITLE: VEHICLE /EQUIPMENT PROCUREMENT & REPLACEMENT POLICY Index: 900 -05 Page 3 of 5 Description Automobiles Sedans, Station Wagons Law Enforcement Patrol Motorcycles Vans Passenger Cargo Light Duty Trucks Age/Miles 7 yrs /100,000 miles 3 yrs /100,000 miles 4 yrs /85,000 miles 8 yrs /110,000 miles 10 yrs /110,000 miles Pickup & 4 x 4 7 yrs /100,000 miles Sports Utility 7 yrs /100,000 miles Medium & Heavy Duty Trucks /Apparatus Aerial Ladder 10 yrs Aid Car 5 yrs Dump Truck 15 yrs /4,000 hours Flatbed 15 yrs /4,000 hours Pumper 10 yrs Rescue 15 yrs Vactor Waste 8 yrs /3,000 hours Miscellaneous Equipment Backhoe 10 yrs /4,000 hours Forklift 10 yrs Generator (Pad Mounted) 20 yrs Grounds Keeping Equipment 10 yrs Manlift 10 yrs Mower 7 yrs Sweeper 10 yrs /4,000 hours Tractor 10 yrs /4,000 hours Utility Cart 8 yrs Note: (» The above vehicle /equipment criteria are from the National Association of Fleet Administrators 1998 Lifecycle Survey, NFPA 1901 Annex D Standards for Automotive Fire Apparatus (2003 ed.), and Tukwila Fleet Management historical data. 3) ACQUISITION - Public Works' Fleet Services is responsible for acquiring all City vehicles and fleet equipment inventory using the most cost effective and `best practice' method to meet the City's need in providing core services. Annually, Fleet Management and the User department will jointly review departmental requirements and vehicle specifications. It is Fleet Management's goal to select the proper vehicle for the customer. Suitability and appropriateness for the job intended, balanced by initial cost, depreciation/resale value, and maintenance factors are the primary objectives for the fleet operating review. Compatibility with the rest of the fleet, fuel economy, safety /repair records, and serviceability are also important considerations. The City has created a Vehicle/Equipment Technical Committee to establish standardized platforms; e.g. police cruisers, sedans, command vehicles for First Responders, etc. It is the responsibility of the Committee to review current standardized platforms and ascertain if the vehicle is meeting the criteria established. The Committee reviews all proposed changes to an established platform configuration and forwards their recommendation to the Executive Committee (Fire Chief, Police Chief, Public Works Director, and Finance Director) for final approval. 241 TITLE: VEHICLE/EQUIPMENT PROCUREMENT & REPLACEMENT POLICY Index: 900 -05 Page 4 of 5 Once the replacement cycle is complete, the replaced vehicle is turned in to the Fleet Department and evaluated for: • Placement into the standby /loaner /reserve pool; • Reassigned as a "low usage" vehicle to another Department; or • Declared surplus and sold at auction unless another disposal method is chosen by the City Council. a) VEHICLE REQUEST FORM - If a Department requests to add, replace, or transfer a vehicle in their fleet, a completed Vehicle Request Form shall be submitted during the annual vehicle replacement process (March - July). Each Department Head shall review and approve all requests for replacement, addition, or transfer before submitting the request to Fleet Management. All special requirements, as noted on the request form, require justification data. If the request involves changing an existing, established standardized platform, then the request must first be reviewed and endorsed by the Vehicle /Equipment Technical Committee. b) The Public Works Director shall be responsible for taking action on all vehicle requests by either: Putting the proposed replacement vehicle on the list and include the cost in the next budget process; Transferring the vehicle to a new department; Adding the vehicle to a department's fleet inventory and seeking additional future funding for replacement and increased maintenance costs during the next budget process. (Note: Additions are defined as any increase in the total number of vehicles assigned to a City Department.) c) If funding is not provided during the budget process, then the vehicle will not be included on the replacement list. Similarly, for an addition to the fleet, if funding for replacement and increased maintenance costs have not been included in the budget, then the vehicle shall be declared surplus and sold at auction. d) The procedure for requesting a vehicle for the fleet is as follows: e) Who Takes the Action? Vehicle requestor Department Head Fleet Management Public Works Director Action Taken Establishes justification for the vehicle. Verifies and approves justification for the vehicle. Approves fleet transfer, addition to the fleet, or replacement request. Forwards request to Fleet. Performs vehicle evaluation and makes a recommendation to the Public Works Director. Approves or denies request/transfer; places vehicle on the replacement list or adds to fleet inventory and seeks budget funding. If the request is denied, notifies requesting Department Head and provides reasoning. Mayor /City Council Approves Budget Should the requesting Department Head and the Public Works Director not agree concerning replacing the vehicle or adding it to the fleet's inventory, then both 242 TITLE: VEHICLE /EQUIPMENT PROCUREMENT & REPLACEMENT POLICY Index: 900 -05 Page 5 of 5 Department Heads shall submit their positions in writing to the City Administrator for a final decision. A decision will be made no later than July of each year such that the appropriate budget action can be taken. f) VEHICLE REQUEST CYCLE - Fleet Management will initiate the vehicle request/replacement cycle in March of each year. From March through July, Fleet Management shall work with the Departments to create and recommend a vehicle replacement list based upon budget guidelines provided by the Mayor. MID -YEAR REQUESTS - If there is an immediate operational need or if a Department desires to add or replace a vehicle to the fleet outside the annual vehicle replacement request process (March — July), a completed Vehicle Request Form shall be submitted for processing as soon as possible. In addition to the Vehicle Request Form, a budget amendment request for funding must be submitted to, and approved by, the Finance Director and included with the request form before any action can be taken. g) h) APPROVAL PROCESS - It is important that each completed Vehicle Request Form follow the above approval process. Fleet Management reviews all requests once submitted with proper approvals. Once reviewed, requests are presented to the Public Works Director for recommendation and approval, then the annual vehicle replacement request is forwarded to the Mayor and City Council for approval and adoption as part of the budget process. END Title: VEHICLE/EQUIPMENT PROCUREMENT & REPLACEMENT POLICY Initiating Department: Public Works Effective Date: 03/01/2011 Supercedes: 300 -13 Mayor's Office Approval Signature: 243 244 UTILITIES COMMITTEE Meeting Minutes December 2, 2013 — 5:00 p.m. — Conference Room 1 PRESENT Councilmembers: Staff: Guest: City of Tukwila Utilities Committee Joe Duffle, Chair; Allan Ekberg and Verna Seal Bob Giberson, Frank Iriarte, Gail Labanara, Robin Tischmak, Greg Villanueva, Pat Brodin, Tanya Taylor, Laurel Humphrey Chuck Clarke, Cascade Water Alliance CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2013 Surface Water Management Program Survey and Assessment. The City's National Pollutant Discharge Elimination System (NPDES) Phase II general permit requires that the City measure public stormwater knowledge and behavior. Hebert Research, Inc. conducted the 2013 phone survey and assessment on behalf of the City, and the results were positive, indicating overall progress. The number of correct responses given by residents on priority 1 issues rose from 41.9% in 2012 to 44.9% in 2013. The percentage of residents who know to call the Department of Public Works in case of an illicit discharge rose to 28.2% from 19.7% in 2012. Communication on this topic will remain a priority. The businesses surveyed correctly answered between 75 and 100 %. INFORMATION ONLY. B. Ordinance: Update Equipment Rental Fund Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Chapter 3.80, "Equipment Rental Fund" to reflect current procedures under the current Vehicle /Equipment Procurement and Replacement Policy 900 -05. The primary changes to the code are: • Full vehicle replacement is covered • All City vehicles are included, specifically fire pumpers and ladder trucks • Fleet requirements by department will be included in each biennial budget • Funds can be added to the Equipment Rental and Replacement Fund, enabling "right sizing" of the City fleet. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9 SPECIAL MEETING CONSENT AGENDA. C. Cascade Water Alliance Presentation Chuck Clarke, CEO of Cascade Water Alliance, shared a presentation outlining highlights from the past year, including major actions taken, changes to supply and demand forecasts, changes to future water supply strategies and long -term rate impacts, 2014 rates, and changes to water efficiency (conservation) programs. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:38p.m. Next meeting: TBD, 2014 Committee Chair Approval Minutbs by LH. Reviewed by GL. 245 246 Upcoming Meetings & Events December 2013 9th (Monday) 10th (Tuesday) 11th (Wednesday) 12th (Thursday) 13th (Friday) 14th (Saturday) ➢ Community Affairs & Parks Crate, 5:15 PM (CR #3) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) To be immediately followed by a Special Meeting. ➢ Transportation Crate, 5:15 PM (CR #1) ➢ Tukwila International Boulevard Action Crate, 7:00 PM (Community Center) ➢ Tukwila Metropolitan Park District Board of Commissioners Special Meeting 7:00 PM (Council Chambers) ➢ Tukwila Historical Society, 7:00 PM (The Nelsen House, 15643 West Valley Hwy.) Rescheduled from 12/19/13. ➢ Planning Commission, Council Chat 10:00 AM to 12:00 NooN Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Foster Golf Links Clubhouse (13500 Interurban Ave S) Cancelled Music and a Movie Holiday Event Enjoy a concert by local elementary school choirs and a free indoor movie! Choir begins at 6:00 PM Movie (Elf) begins at 7:30 PM. Foster HS Performing Arts Center For more information call the Community Center 206 - 768 -2822. 16th (Monday) 17th (Tuesday) 18th (Wednesday) 19th (Thursday) 20th (Friday) 21st (Saturday) > Utilities Crate, ➢ Finance & Safety Crate, 5:30 PM (CR #3) TENTATIVE ➢ Park; ➢ Tukwila Historical S 5:00 Commission, Pm Cancelled ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) TENTATIVE ➢ Tukwila Metropolitan Park District Board of Commissioners, 8:00 PM (Council Chambers) Cancelled cicty, Rescheduled to 12/12/13. > Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206 - 431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3 (A) A resolution regarding Growing Transit Communities. > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206 - 433 -1868. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf. Room #3 > Library Advisory Board: 1st Tues., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342. > Parks Commission: 3rd Wed., 5:30 PM, Meeting Room B at Community Center. Contact Dave Johnson at 206 - 767 -2308. > Transportation Committee: 2nd & 4th Tues., 5:15 PM, Conf Room # (A) Draft Resolution relating to Apprenticeship Program. (B) Regional MeetingFollow Ups. (C) Review 2013 Transportation Committee Goals. > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Pat Brodin at 206 - 433 -1861 >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. 247 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. December 2 9 See agenda packet cover sheet for this week's agenda (December 9, 2013 Committee of the Whole Meeting). 16 23 January 6 13 20 27 248