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HomeMy WebLinkAboutCOW 2014-02-10 COMPLETE AGENDA PACKETc 40 Tukwila City Council Agenda ( Aly, • COMMITTEE OF THE WHOLE • ❖ Op Jim Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson -9 David Cline, City Administrator + Allan Ekberg + Verna Seal De'Sean Quinn, Council President + Kathy Hougardy + Kate Kruller Monday, February 10, 2014, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue presented for discussion. 3. SPECIAL ISSUES a. A resolution adopting the City's Comprehensive Emergency Management Plan (CEMP). -4' Please bring your CEMP binder. b. A resolution establishing the "Tukwila, City of Opportunity Scholarship." c. An ordinance adopting the Parks, Recreation and Open Space (PROS) Plan. d. An Interlocal Agreement with the City of Kent regarding the Briscoe- Desimone Levee. e. A contract change order for the Southcenter Boulevard /65th Avenue South Sewer Repair Project. f. An ordinance authorizing a franchise agreement with tw telecom of washington, Ilc. Pg.1 Pg.11 Pg.23 Pg.81 Pg.151 Pg.161 4. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. 906 COUNCIL AGFATDA S OPSIS Meet/ ti, Dale Proirul by M !or'J. rerie121 CM n al 11' VielP 02/10/14 M. Grisham ,'llotion paie 02/18/14 M. Grisham Bid Aniarr :litg Date Public 1-hu ,tIte, 0 ate Oilier ..I Itg 1) a le Diccussion III Resolulion .■ fig Date Al/g A kg L)ale 02/18/14 Si ONSOR Council Mcgor I 11 IlZ DCD I IFi nun? 1' ire 1 17' 1)&1Z. Police PI'' ITEM INFORMATION ITEM No. 3.A. 1 STAH Sp(NsoR: MARTY GRISHAM ORK;INAL AGN,N1),\ DATN: 02/10/14 Ac;iNi.).\ IL1\1 ' ITIE Adoption of State approved 2014 Comprehensive Emergency Management Plan (CEMP). 02/10/14 ,'llotion paie Ordi &ince el Ii Dote Bid Aniarr :litg Date Public 1-hu ,tIte, 0 ate Oilier ..I Itg 1) a le Diccussion III Resolulion .■ fig Date Al/g A kg L)ale 02/18/14 Si ONSOR Council Mcgor I 11 IlZ DCD I IFi nun? 1' ire 1 17' 1)&1Z. Police PI'' SP uNsoW S The City's current CEMP was last updated in 2009 and reviewed in 2011. Washington State summ\Ry law requires the local jurisdiction to submit their CEMP to Washington State Emergency Management Division every four years. Our plan was submitted to the State Emergency Management Division in 2013 and was approved by the State on November 15, 2013. Additionally, Tukwila Municipal Code (TMC) Chapter 2.57 requires an annual review of the CEMP. This meets that requirement as well. Ri,:v1],NoM BY COW Mtg. CA&P Corte Utilities Cmte Arts Comm. DATE: 02/04/14 U F&S Cmte Transportation Corte Comm. _ Planning Comm. CI LAIR: VERNA SEAL Parks COMMITTEE RECOMMENDATIONS: SPoNsuR/AomiN. C()NimITIEK Fire Department! Emergency Management Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ) Expl,,NDIT[IRFRD.y [RFD AMOUNT BUDGETED APPROPRIATION REQUIRED) $0 $0 $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/10/14 MTG. DATE ATTACHMENTS 02/10/14 Informational Memorandum dated 01/28/14 Resolution in draft o Letter from WA State approving the City's 2013 CEMP Minutes from the Finance and Safety Committee meeting of 2/4/14 *PLEASE BRING YOUR CEMP BINDER* 2/18/14 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Emergency Management, Chris Flores, Interim Fire Chief BY: Marty Grisham Emergency Manager DATE: January 28, 2014 SUBJECT: Adoption of the 2013 Tukwila Comprehensive Emergency Management Plan (PLEASE BRING YOUR CEMP BINDER) ISSUE Adoption of the 2014 City Comprehensive Emergency Management Plan (CEMP). BACKGROUND The City's current CEMP was last updated in 2009, and Washington State law requires local jurisdiction submit their CEMP to Washington State Emergency Management Division every four years. Emergency Management staff completed the update to the CEMP and submitted the plan to the State Emergency Management Division. The City's plan was approved by the State on November 15, 2013. Additionally, Tukwila Municipal Code (TMC) Chapter 2.57 requires an annual review of the CEMP. FINANCIAL IMPACT There is no funding needed, nor any financial impact on the City. RECOMMENDATION The Council is being asked consider this item at the February 10, 2014 Committee of the Whole meeting and subsequent February 18, 2014 Regular Meeting. ATTACHMENTS -Draft Resolution - Letter from WA Emergency Management Division approving the City's 2013 CEMP. - PLEASE BRING YOUR CEMP BINDER 3 4 RAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE TUKWILA COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP). WHEREAS, the City of Tukwila and surrounding areas are subject to various hazards, including flooding, earthquakes, landslides, severe windstorms and other natural and technological /man -made hazards; and WHEREAS, the City of Tukwila is committed to strengthening the City's resilience to the effects of natural and technological /man -made hazards; and WHEREAS, the City of Tukwila has the primary responsibility for emergency mitigation, prevention, preparedness, response and recovery within City boundaries; and WHEREAS, Washington State RCW 38.52.070 (in the "Emergency Management" chapter) directs local governments to submit its plan and program for emergency management to the state director; and WHEREAS, Tukwila Municipal Code Section 2.57.070.B.2. requires "...and annual updates to, the City's Comprehensive Emergency Management Plan...;" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council approves adoption of the Comprehensive Emergency Management Plan, hereby incorporated by reference as "Attachment A." W: \Word Processing \Resolutions \CEMP adopted 1 -27 -14 MG:bjs Page 1 of 2 5 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney Attachment A: Comprehensive Emergency Management Plan (October 2013) W: \Word Processing \Resolutions \CEMP adopted 1 -27 -14 MG:bjs 6 Page 2 of 2 STATE OF WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION MS: TA -20 Building 20 Camp Murray, Washington 98430 -5122 Phone: (253) 512 -7000 • FAX: (253) 512 -7200 November 15, 2013 Marty Grisham, Emergency Manager Tukwila Fire Department 444 Andover Park East Tukwila, WA 98188 Dear Mr. Grisham: Thank you for submitting the 2013 City of Tukwila Comprehensive Emergency Management Plan for Washington State Emergency Management Division (EMD) review, required of emergency management organizations, as defined by RCW 38.52.070. Our local jurisdiction plan review criteria measures a plan's consistency with the National Response Framework, the National Incident Management System, and the Washington State Comprehensive Emergency Management Plan, while complying with the content requirements of Chapter 118 -30 -060 WAC and Chapter 38.52.070 RCW. Our evaluation also takes into consideration the unique needs and circumstances of your jurisdiction. Based on these review factors, your plan meets the standards in most areas and exceeds in others. In addition to these requirements, we recommend using the Comprehensive Preparedness Guide (CPG) 101, Version 2; November 2010 as guidance for your next update. To ensure that your jurisdiction remains eligible for the Emergency Management Performance Grant (EMPG) funding program, please submit your maintenance schedule (in accordance with Chapter 118 -09 -030 WAC) as part of your annual EMPG application for funding. You will need to submit your updated Comprehensive Emergency Management Plan to EMD again in four years. Congratulations on this significant endeavor. My point of contact for plan review and any emergency management planning assistance you may need is Karen Ferreira, (253) 512 -7057. Sincer Robert" zelle Director Enclosure (1) 0 7 November 15, 2013 The City of Tukwila Comprehensive Emergency Management Plan (CEMP) is well- written, easy to understand, and provides necessary information to help guide the City's administration of the program and coordination of emergency operations. It is consistent with the Washington Emergency Management Division CEMP. The few comments from the review process, which are listed below, are for consideration to incorporate into the plan for the next formal review. The comments are divided into General and Specific sections. General Resource requests are processed by the state emergency operations center (SEOC), not Washington Emergency Management Division (WEMD). Specific • Provide WEMD with a signed promulgation upon completion. • BP03. A. The WEMD HIVA that is referenced has a date of 2001. The current WEMD HIVA is 2009. • BP05. Page 8. II .e. Define SCORE. • BP05. Page 11. G. 16. n and j are duplicates. • ESF 10 -4. III. B. 7. WSP is listed as a support agency, but is responsible for incident command of hazmat incidents occurring on state highways and freeways. 8 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes February 4, 2014 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie, De'Sean Quinn (Absent: Kathy Hougardy) Staff: Marty Grisham, Peggy McCarthy, Joyce Trantina, Laurel Humphrey CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:31 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resolution: Adopting the City's Comprehensive Emergency Management Plan Staff is seeking Council approval of a resolution that would adopt the Tukwila Comprehensive Emergency Management Plan (CEMP). Pursuant to state law requiring jurisdictions to submit their CEMP to the Washington State Emergency Management Division every four years, this plan was approved by the State on November 15, 2013. Tukwila Municipal Code requires an annual review of the CEMP in addition to the state requirement. This version represents a comprehensive overhaul and is organized based on FEMA standards. Committee members discussed the "Emergency Support Function Responsibility Matrix," and asked questions about City communication with the School Districts in the event of an emergency. Staff confirmed that next steps in this process will include updating relevant agreements and memoranda of understanding with other agencies, including the schools. Another step that will occur this year is an update to the Continuity of Operations /Continuity of Government (COOP —COG) Plan, which will be reviewed by the Council. A training program has been created which will include tabletop exercises and drills. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. B. Resolution: Tukwila, City of Opportunity Scholarship Staff is seeking Council approval of a resolution that would establish the City's first scholarship program, the "Tukwila City of Opportunity Scholarship," for eligible high school students living in the City. This annual scholarship would award up to $4,000 to an eligible student, selected by a committee comprised of the Mayor and /or his or her designee, the City Council President, a City staff appointee and a Tukwila School District employee. This committee will present a recommendation to the City Council for approval of up to 4 awards, and recipients will be notified by April 30 each year. Committee members and staff discussed ideas to promote the scholarship opportunity, including a press event or a launch at a Council meeting. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. C. 2013 3rd Quarter Sales Tax and Miscellaneous Revenue Report As information only, staff presented the 2013 3rd Quarter Sales Tax and Miscellaneous Revenue Report. Information detailed in the staff report includes retail sales tax, gambling tax, and admissions tax revenues, with sales tax broken out by industry classifications. Total sales tax collections were $264,000, or 7 %, above those for the same period last year, with new construction sales tax revenues up 22 %. Gambling tax revenue is up by approximately 15 %, and Admissions Tax is up by about 21% compared with the same period last year. INFORMATION ONLY. 9 10 COUNCIL AG_ENDA SYNOPSIS ,Aleelit_c Date Prepared by Alfiyorr /may Cmwilrevitap 02/10/14 CT / f 02/10/14 02/18/14 CT I Bid Anidrd Elig Date I Public I fearing AN Date Other :IN Di' C.vri,G( )R1' Discussion Resolution Eli/ Dale AN Dale 02/18/14 SPONSOR I 1 COI HR DD Finance Fire I 1 1T I I Pe-R 1 I Police PlI7 i n ei 1 U Major ITEM INFORMATION ITEM No. 3.B. 11 STAFF SPONSOR: JOYCE TRANTINA ORR;INAEA(3kINDA DATI.;: 2/10/2014 AGNNDA imm Tvity Tukwila City of Opportunity Scholarship 02/10/14 I I Motion Allg Dale Ordinance 1111: Dale I Bid Anidrd Elig Date I Public I fearing AN Date Other :IN Di' C.vri,G( )R1' Discussion Resolution Eli/ Dale AN Dale 02/18/14 SPONSOR I 1 COI HR DD Finance Fire I 1 1T I I Pe-R 1 I Police PlI7 i n ei 1 U Major SPoNsolt'S The City of Tukwila desires to create a scholarship program for high school students living SumNIARy in Tukwila to provide financial assistance and opportunity to deserving students to continue their education beyond high school. A sum of four thousand dollars ($4,000) per calendar year shall be appropriated and included regularly in the City of Tukwila budget. The Council is being asked to approve a resolution creating the Tukwila City of Opportunity Scholarship. RiwilAvIii BY — COW Mtg. CA&P Cmte Utilities Cmte Arts Comm. DATE: 2/4/14 F&S Cmte Transportation Cmte Comm. Planning Comm. CI LAIR: SEAL Parks COMMITTEE RECOMMENDATIONS: SPoNs()R/ADNIIN. CumNIITIEN Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExpkNi),TuRK RKQEIETA) AMOUNT BUDGETED APPROPRIA DON REQUIRED $4,000.00 $ $4,000.00 Fund Source: GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/10/14 MTG. DATE ATTACHMENTS 02/10/14 Informational Memorandum dated 1/22/14 Resolution in Draft Form Scholarship Application in Draft Form Minutes from the Finance & Safety Committee meeting of 02/04/14 02/18/14 11 12 TO: of Tukwila INFORMATIONAL U��U����������U� oomx ��nuown��n n��xm��u~ nwx��n�x��nx��o�����nwn Mayor Haggerton Finance & Safety Committee FROM: Joyce Trantina, Project Analyst_ DATE: January 22, 2014 SUBJECT: Tukwila City of Opportunity Scholarship �n Hagge on, Mayor ISSUE The City of Tukwila desires to create a scholarship program for high school students living in Tukwila. BACKGROUND The purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school. .DISCUSSION A scholarship fund would be created under the City's General Fund. City staff would administer the scholarship fund. A Scholarship Selection Committee comprised of the Mayor and/or his or her designee, the City Council President, a City staff appointee and a Tukwila School District employee will review all applications that meet the eligibility requirements and the Selection Committee will present a recommendation to City Council for approval of up to 4 scholarship awards. Scholarship recipients will be notified by April 30 each year. The Scholarship Selection committee will also review the scholarship program annually and submit a report to Council that summarizes the appUcationu, available funds, the scholarships awarded and the number of applications that did not result in scholarships and provide any recommendations for revisions to the program. FINANCIAL IMPACT A sum of four thousand dollars ($4,000) per calendar year shall be appropriated and included regularly in the City of Tukwila budget. Scholarships will be awarded in increments of not less than $1.O0O nor greater than $4,UOO. RECOMMENDATION The Council is being asked to approve a resolution creating the Tukwila City of Opportunity Scholarship at the February 10, 2014 Committee of the Whole meeting and the subsequent February 18, 2014 Regular Meeting. ATTACHMENTS Draft Resolution Draft Scholarship Application 14 AFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A CITY SCHOLARSHIP PROGRAM FOR CONTINUING EDUCATION. WHEREAS, the City of Tukwila desires to create a scholarship program for high school students living in Tukwila; and WHEREAS, the purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school; and WHEREAS, the scholarship grant shall be known and cited as the "Tukwila, City of Opportunity Scholarship;" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school. Section 2. Scholarship Eligibility Requirements. Recipients of the scholarship program shall meet the following qualifications: • Must be a U.S. citizen or a legal permanent resident of the United States. • Must be a resident of the City of Tukwila. Proof of residency is required at the time of application. • Must be a senior in high school. • Must demonstrate a financial need as indicated on the FAFSA Student Aid Report. • Must have applied to an undergraduate program at a community college, trade school or university. • Must demonstrate leadership qualities as evidenced by involvement in extra- curricular activities. • Must have a cumulative grade point average (GPA) of 2.75 or higher. • Must have completed a minimum of 15 hours of community service. W: \Word Processing \Resolutions \City scholarship program established 1 -23 -14 CT:bjs Page 1 of 2 15 Section 3. Funding. A sum of $4,000 per calendar year shall be appropriated and reflected in the City of Tukwila budget. Scholarships will be awarded in increments of not less than $1,000 nor greater than $4,000. Section 4. Scholarship Selection Committee. A Scholarship Selection Committee shall be created and shall include the Mayor and /or his or her designee, the City Council President, a City staff appointee and a Tukwila School District employee who has a working or advisory relationship with the senior class and can fairly evaluate the level of academic and extracurricular activities represented in the scholarship applications. Section 5. Roles and Authority for the Scholarship Fund. A. City staff shall administer the scholarship fund as directed by this resolution, and it shall be known and cited as the "Tukwila, City of Opportunity Scholarship." B. The Scholarship Selection Committee shall review the program annually and submit a report to Council that summarizes the applications, available funds, the scholarships awarded, the number of applications that did not result in scholarships, and any recommendations for revisions to the program. C. The Council shall receive the report and request revisions to the program as needed. Section 6. Application Review Process. The deadline for applications to be submitted is March 31 of each year. All applications will be reviewed by City staff to determine that the eligibility requirements have been met. All applications that meet the eligibility requirements will be reviewed by the Scholarship Selection Committee, which will present a recommendation to the City Council for approval of up to four scholarship awards. Scholarship recipients will be notified by April 30 each year. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \City scholarship program established 1 -23 -14 CT:bjs 16 Page 2 of 2 The City of Opportunity, the Community of Choice. Tukwila - City of Opportunity Scholarship Application 1. DEADLINE for scholarship applications is March 31, 2014. (NO EXCEPTIONS) 2. Refer to criteria below for eligibility requirements. 3. Refer to application process below for a list of the supporting documents needed (i.e., evidence of GPA.) INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED. 4. Complete applications can be mailed or hand - delivered to the City of Tukwila Mayor's Office. 5. The recipients will be notified, and awards announced at a subsequent City Council Meeting. 6. If you have any questions about the application, please email ioyce.trantina antukwilawa.gov, call 206-433 - 1868, Purpose: The City of Tukwila Scholarship Program was established in 2014. The mission of the scholarship is to provide financial assistance to individuals enrolled for undergraduate study in community colleges, colleges, trade schools and universities. The City of Tukwila Scholarship Program principally targets two and four year academic programs; however, certificate /licensing programs are also eligible. Scholarship Awards: The City of Tukwila awards scholarships on the basis of a comprehensive process. Areas that are reviewed by the committee include, but are not limited to the following: Academic Accomplishments, Community Service, References, and Personal Essay. City of Tukwila Scholarships are awarded without regard to race, color, ethnicity, gender or sexual orientation. Scholarships awarded are based upon the availability of funds and additional qualifying criteria and are awarded annually. The City of Tukwila pays scholarship funds directly to the recipient's school. Award Components: Scholarship awards will range from $1,000 to $4,000 as determined by the City of Tukwila Selection Committee. Criteria: • Must be a U.S. citizen or a legal permanent resident. • Must be a resident of the City of Tukwila. Proof of residency is required at the time of application. • Must be a senior in high school • Must demonstrate a financial need as indicated on the FAFSA Student Aid Report • Must have applied to an undergraduate program at a community college, trade school or university. • Must demonstrate leadership qualities as evidenced by involvement in extra - curricular activities • Must have a cumulative grade point average (GPA) of 2.75 or higher • Must have completed a minimum of 15 hours of Community Service Timeline: • Completed applications must be postmarked no later than March 31, 2014. • Candidates that are eligible for interviews will be notified by the Scholarship Committee by April 15, 2014. • Applicants are notified if awarded a scholarship by April 30, 2014. 17 Scholarship Applicants Must Provide: • Completed application form. • Official high school transcript in a sealed envelope from the institution. • Two academic references from a guidance counselor or teacher. • A letter of reference from an employer or other community member. • Demonstrated financial need. • Personal Essay. Scholarship Awards: • Award notification will be given by April 30, 2014. • Scholarship recipients must provide their student ID, the correct mailing address of their institution and the department where their scholarship check is to be received. Deadline for the application is March 31, 2014. Applications postmarked after this date will not be considered. Please mail OR submit application in person to: Joyce Trantina Project Analyst City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 18 First Name: Mailing Address: City: Primary Phone: Email: The City of Opportunity, the Community of Choice. Tukwila City of Opportunity Scholarship Application State: Last Name: Zip: Secondary Phone; Please attach the following financial documentation: • FAFSA Student Aid Report (SAR) I certify that the above information is true and correct and that all income is reported. I understand that this information is being given for the receipt of a scholarship; that City of Tukwila officials may verify the information on the application; and that deliberate misrepresentation of the information may subject me to prosecution under the applicable State and Federal laws. Signature Date Current High School: HS Advisor /HS Counselor name & email: Grade Point Average (GPA): (2.75 or higher on a 4.0 scale) Your most recent official school transcript is required in a sealed envelope. School you plan to attend next year: Address, City and State of School: Number of years attended HS: List your educational and professional goals and objectives for after high school graduation. 19 List your academic honors, awards and membership activities while in high school. List your community service activities, hobbies, outside interests, and extracurricular activities. List the scholarships (name and dollar amount) you have received, or have applied for. How did you learn about the Tukwila - City of Opportunity scholarship? n Counselor = Teacher =City Website n Other Personal Essay: The Community Vision for the City of Tukwila is the City of Opportunity, the Community of Choice. How have you served your community in ways that have made a positive difference? A. The following items must be attached to this application in order for the application to qualify to be reviewed by the scholarship committee. B. Your application will be returned to you if these items are not attached to this application. (NO EXCEPTIONS.) L Proof of Residency: Most recent utility bill. nThree Letters of Reference: 2 Academic References and 1 Community /Employer Reference. CMost recent official high school transcript. Photocopies of your transcript are not acceptable, (Must be in a sealed envelope) ❑ Documentation demonstrating financial need: • FASFA Student Aid Report (SAR) Personal Essay STATEMENT OF ACCURACY I hereby affirm that all the above stated information provided by me to the City of Tukwila Scholarship Selection Committee is true, correct and without forgery. I also consent that my picture may be taken and used for any purpose deemed necessary to promote the Tukwila City of Opportunity Scholarship Program. I hereby understand that if chosen as a scholarship winner, according to City of Tukwila's scholarship policy, I must provide evidence of enrollment/registration at the post- secondary institution of my choice before scholarship funds can be awarded. Signature of scholarship applicant: Date: Witness Date: Application must be postmarked by March 31, 2014. No exceptions! 20 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes February 4, 2014 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie, De'Sean Quinn (Absent: Kathy Hougardy) Staff: Marty Grisham, Peggy McCarthy, Joyce Trantina, Laurel Humphrey CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:31 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resolution: Adopting the City's Comprehensive Emergency Management Plan Staff is seeking Council approval of a resolution that would adopt the Tukwila Comprehensive Emergency Management Plan (CEMP). Pursuant to state law requiring jurisdictions to submit their CEMP to the Washington State Emergency Management Division every four years, this plan was approved by the State on November 15, 2013. Tukwila Municipal Code requires an annual review of the CEMP in addition to the state requirement. This version represents a comprehensive overhaul and is organized based on FEMA standards. Committee members discussed the "Emergency Support Function Responsibility Matrix," and asked questions about City communication with the School Districts in the event of an emergency. Staff confirmed that next steps in this process will include updating relevant agreements and memoranda of understanding with other agencies, including the schools. Another step that will occur this year is an update to the Continuity of Operations /Continuity of Government (COOP —COG) Plan, which will be reviewed by the Council. A training program has been created which will include tabletop exercises and drills. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. B. Resolution: Tukwila, City of Opportunity Scholarship Staff is seeking Council approval of a resolution that would establish the City's first scholarship program, the "Tukwila City of Opportunity Scholarship," for eligible high school students living in the City. This annual scholarship would award up to $4,000 to an eligible student, selected by a committee comprised of the Mayor and /or his or her designee, the City Council President, a City staff appointee and a Tukwila School District employee. This committee will present a recommendation to the City Council for approval of up to 4 awards, and recipients will be notified by April 30 each year. Committee members and staff discussed ideas to promote the scholarship opportunity, including a press event or a launch at a Council meeting. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. C. 2013 3rd Quarter Sales Tax and Miscellaneous Revenue Report As information only, staff presented the 2013 3rd Quarter Sales Tax and Miscellaneous Revenue Report. Information detailed in the staff report includes retail sales tax, gambling tax, and admissions tax revenues, with sales tax broken out by industry classifications. Total sales tax collections were $264,000, or 7 %, above those for the same period last year, with new construction sales tax revenues up 22 %. Gambling tax revenue is up by approximately 15 %, and Admissions Tax is up by about 21% compared with the same period last year. INFORMATION ONLY. 21 22 COUNCIL AGENDA S OPSIS IiiiiiA ' Al eel iq Date Prepared F Al ery o r :,- 111,1e7P CON11,71,1eViell, 02/10/14 DJ .-17"./T: 4-0 02/18/14 DJ I i Resolution :If t; D in I 13/ (L-lipard A fig Date I 1 Public I lean' q A kg Date 1 1 Otber Dig Date CATF,GoRy 11 Discuss/oil Ordi Hance .11tg Dale A Ii g Dale 2/18/14 SP 0 N SOR I I councii — Mayor FIR OCI) 1-7ounce Fire 1 I IT 1 P &R Pollee ITEM INFORMATION ITEM No. 3.C. 23 STAH, SPoNS()R: RICK STILL ORTGINALAc;LIND. \!E: 2/10/14 A.1;N1).\ Iiii Trim Parks, Recreation and Open Space (PROS) Plan Adoption 2/10/14 Alt; Motion Date I i Resolution :If t; D in I 13/ (L-lipard A fig Date I 1 Public I lean' q A kg Date 1 1 Otber Dig Date CATF,GoRy 11 Discuss/oil Ordi Hance .11tg Dale A Ii g Dale 2/18/14 SP 0 N SOR I I councii — Mayor FIR OCI) 1-7ounce Fire 1 I IT 1 P &R Pollee Plr SPoN,S( ac'S The City has spent the past 12 months working to update the Parks, Recreation, and Open SUNINIARY Space (PROS) Plan. We are now in the final adoption stage and working incorporate public comment on the DRAFT Plan. IzEviNmED Thz COW Mtg. Utilities Cmte DATE: 1/28/14 11 c,\&_1) Cmte I 1 F& Cmte Transportation Cmte Comm. Planning Comm. Cl LAIR: DUFFIE Arts Comm. Pi Parks COMMITTEE RECOMMENDATIONS: SpoNsoR/AmitN. Co NimITIEri Parks and Recreation Department Unanimous Approval; Forward to C.O.W. COST IMPACT / FUND SOURCE 1,:xl,NNI)ITuRLI F,QuiRm AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Commons: MTG. DATE RECORD OF COUNCIL ACTION 2/10/14 MTG. DATE ATTACHMENTS 2/10/14 Informational Memorandum dated 1/28/14 <amended after CAP>, with attachments Minutes from the Community Affairs and Parks Committee meeting of 1/28/14 *PLEASE BRING YOUR DRAFT PLAN TO THE MEETING* 2/ 8/ 4 23 24 TD: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U���������K� nn�n ��un^o�n��n n��n���u~ n�o�~n�n��x�x~�n�����x�o Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director BY: Dave Johnson, Recreation Superintendent DATE: January 22.ZD13 Updated since 1C38X14CAP SUBJECT: PROS Plan Update ISSUE Staff update for Community Affairs and Parks Committee on the status of the P8rk3, Recre@tiDn, and Open Space (PROS) Plan. PLEASE BRING YOUR DRAFT PLAN TO MEETING. BACKGROUND The City has spent the past 12 months working with consultant, MIG Inc., to update the PROS Plan. We have provided updates to Council at many points throughout the process and are now in the Final Adoption stages. DISCUSSION Since the DRAFT Plan was presented in November 2013, we have opened the public comment period. MIG has collected and reviewed all comments, as of January 22, 2014. The Public Draft Comment and Response Log (Attachment A) provides all COmrnents, including the page number or reference to the particular comment, as well as MIG's proposed response. At the release of the Public Draft Plan the deadline for comments was set for January 27, 2014, Final comments following this report will be brought to the CAP meeting for consideration on January 28th, The majority of comments are minor clarifications and edits that MIG will address when revising the Final M8n, including corrections and additions to the plan maps. Where a comment suggests a general change or comment that reflects the tone of the entire doounnent. MIG will revisit applicable sections of the Draft Plan and make refinements where needed. Comments related to Chapter 3 will impact the guidance to staff and the community. Following the CAP, the Plan will be presented to the Committee of the Whole to explain proposed changes and then revised to a Final Draft Plan and presented to the City Council for final adoption on February 18, 2014. Updates to the Draft Plan since the CAP meeting are provided in complete pages (Attachment C) in underline/strikeout form. Once adopted, the pages will be formatted into the printed Final Plan. FINANCIAL IMPACT None RECOMMENDATION Review and discuss comments; and forward to COW on February 10. 2014. with final adoption at Regular Meeting on February 18, 2014. ATTACHMENTS Attachment A: Public Draft Comment and Response Log UPDATED since CAP Attachment B: Draft Ordinance UPDATED since CAP Attachment C: Updated Plan pages 26 ATTACHMENT A Tukwila PROS Plan Comment Log 2/4/2014 40 , '',-,441 , .o.:, i ' 0011,*„,:, , t, Wttitt,"Ottat • ,', tt,U„, ", ' ''-.11. I'S', Ei '''..-•1:::-Cti— t '''''' Community Priorities add - Parks and Open Space that are safe, well maintained, and integrated into their local neighborhoods ' !,'S =',"-",-at . ' Change made. 2 iii Expanded Capacity - Like the idea of making the existing parks be more than they currently are. Revise to note that there are areas in the City that do not have parks the meet City standards, ie Ryan Hill, Tukwila South and the urban center - where 50% or more of future growth is expected to occur. Change made. 3 Last sentence under Expanded Capacity - Written this way, it appears to put citizens, workers and visitors at the same level of importance, and they are not refers to earlier general comment Change made. 4 iv v Prioritizing - Don't understand how prioritizing projects enables City to be more flexible with dollars? Change made. 5 iv v Prioritizing and Funding Need to add section stating maintenance of existing parks and open space more important than new projects Change made. 6 1-1 1-1 Last sentence of first paragraph - Thus "consideration" should be given to their needs Opportunities and access for all - Have to be careful this is not read to imply residents and workers have equal importance Inviting and connected places - economic vitality - is this really a goal of parks or an end result (i.e. reason why business locate to a certain city) The needs of residents have been prioritized and updated throughout document, It is confirmed that inviting and connected places is a goal of the community. 7 — 1 2 — 1 2 Public Involvement (4th and 5th line) - again, this puts visitors and workers at the same level of importance as residents Change made. 8 1-3 1-3 Education Expert Interviews - unfortunately this specific targeting ensures that only TSD will have partnerships with the City. No change, 9 1-4 1-4 Broad Outreach - same point as earlier with regard to resident vs. visitors No change. 10 1-4 1-4 Community Questionnaire - Did it differentiate between the two (residents v employees). What does the data show as differences between the 2? Somehow reference that the themes are consistent when looking at resident vs. overall This has been clarified. 11 1-5 1-5 First paragraph - see previous comment on 1-4 This has been clarified. 12 1-6 1-6 Category designations and labeling - Cecil Moses needs to be a special use park - Owned by King County, bathrooms, parking lot, regional trail, water access. NOT open space; Labels for open spaces not shown on Existing Systems map ie Tukwila Parkway; Lookout Park; Add Duwamish Gardens Open space definition has been clarified to better reflect existing sites. Map changes will be provided with Final Plan. 13 2-1 1--6 Needs discussion of open space - define need for open space The definition has been clarified to reflect the existing sites and types of activities desired by residents. 14 2-2 2-2 Parks Gap - Recheck all sections of the urban center and Tukwila South within a 1/4 and 1/2 mile of a park? This wilt be rechecked with development of maps for Final Plan. 15 2-2 2-2 P5 - should the Tukwila Pool be mentioned here also? Change has been made. Page 1 Tukwila PROS Plan Comment Log 2/4/2014 Page 2 Requirements for reservations and use - clarify that outside activities for 50 or more people require community center use and reservations. Change has been made. 17 z—s 2-5 Park Capacity - Add organized sports to Pool potential; Add gardening education to Macadam Winter gamvnmNeanus; Move Cecil Moses from open space w park or special use park; river acces potential from Cecil Moses?; move Bicentennial park to local park? Dent know why its classified as special use Some changes have been made. See previous comment regarding revised open space definition. Bicentennial Park remains as Special Use site because it most closely meets this definition. 18 z—o 2-5 Activity Potential Remove walking and biking from North Winds Weir; add wildlife observation mp'n pond; remove social gathering from Tukwita Hill; Changes have been made. 19 2-5 2-5 Christiansen Rd. ,m, /Riverview Plaza has been considered as a .ossible small boa launch Chan.es have been made 20 2-7 2-7 Does table include Pool participation or not and does that need to be referenced one way or the other? This has been clarified. Data does not include pool use. z� u—o Vanoz—` Alternatives -rukwmPmx,xoomoo/n*vueoxo�axn^nmvaxvrmoc�.s»ovmueoea�d similar as YMCA o»onmc has been m�e. 22 2-10 2-10 SeaTac Community Center fees are listed for other facilities here, should also include reference of cost for Tukwila residents to use this facility Change has been made 23 2-10 2-11 Right column, last paragraph, 5th line Delete South after Tukwila International Boulevard Same paragraph The sentence starting with ^Arrodmom the ooumoante, Subarea Plan, the area..' confuses Tukwila South with Southcenter. Change has been adv. 24 2-11 2-11 What does Tukwila Pond "unearthing" mean. I was told that dredging the pond migh allow the p d to drain/perc in the ground. Perhaps unearthin is different than dredging This has been c*,meu. This e nois uxeuiomenoummntr, Subarea Plan. 25 3-1 3-1 On Page 3-1, Policy Statement 1 2, it might be good to add "neighboring jurisdictions" as a linkage particularly as this relates to traits in general and the Lake to Sound Trail as well as the Healthy Initiative for which Tukwila and other South King County Cities are involved. Change has been made 26 3-2 3-2 Goal sentence structure Rewrite to format as an accomplishment. For example, Community cohesion and Tukwila identify are created and supported by a parks and recreation system that provides small and /o,.e s.aces for social interaction and tatherin.. No chan e made. Goals are written as an c nmpnx»menoamon. 27 o—z o—z Goa 2. as pons wmenasi have the same priority which is incorrect Change has been made. 28 n—s s—n pumpnr Rewrite ^ Employ u anmnvmom practices m oao.ny parks and open space areas a provide continuing education f cn' sa non these pre ' es." Change has been made. uy 3-3 3-3 G re-write mm Inviting dab le" Move "safe" up tp before "well maintained" Add 4 7 -'Maintain parks and public spoc*s sommmr'veaofe.c|eun.aou*m/com/oy^ Changes have been made. n o z_s u_z Goal 5.3 add concept nfmp'ne�hunm000'mp park wm»eapano/ and ma/ne�ouo,*ovu needs Change has been made wpn/�vzz. Page 2 Tukwila PROS Plan Comment Lag 2/4/2014 Page 3 3-4 3-4 goal 5.9 - should be re-written to: Leverage the park, recreation and open space system to meet the needs of the residents while considering economic stimulation and needs of vistors, business, and employees. hange has been made. 4-1 4-1 Walkin. and Bikini - Green River trail exsansion in Tukwila South Change s been made. � 4-2 *-z On Page 4-2 adding ve ' ge abou aking connections to Renton via the new Sounder Station Sounder Station is mentioned but not a connection to Renton which has been in the works for a number of years) and the Lake to Sound Trail might be nice, This is further supported by Goal 1: Convenient and Connected System. Change has been made. nw 4-5 4-6 right column add safe" to the unstructured play Change has been made. 35 4-7 4-6 meou�//awwrlist u/pamomnnmuo/umn wv change. The nx'uf park utosa�iuennn°uv"mvEximino System Map. 36 4-o 4-s Revise map to new R-1 both sides of river between 1-405 and Strander and the west side of river from Strander BL to P-17 pond Change will ue made with map updates for Final Plan. »r 4-10 *-10 The goals, policies and recommendations of the Parks, Recreation and Open Space Plan should be ( added) transferred m the Comprehensive Plan a,o plan element. The goals policies and recommendations of th is Plan should be the basis for the(updated) new parks, recreation and open space element of the Cornprehens ive Plan, MIG will create a separate document to accomplish this task. on 4-10 4-11 PG3 rewrite to "Consider partnering with the MPD to add non-aquatic programs " Change has been made. 39 4-10 *-1 Aupsa Partner with Tukwila Village to facility for Social Gathering Change has been made. 40 4-11 *-12 Growing Partnership section Add Tukwila Municipal Pool District to the list Change has been made. 41 4-12 «-m Improve Balance o( funding structure with contributing partners oe more direct, don't understand what is being said.. Change has been made. 42 s-n 5-a Corridor Plan Show the entire Lake to Sound uv,omoc Extend Corridor Plan u southern City nm/u This will be revised when preparing map updates for Final Plan. 43 s-o o-n Rwommn,p^ojects Identify street ends and a valuable resource and asset for gaining nnceom riverfront. See map attached. Change has been made. 44 s-s o-n Log House Park? Is this the same as Bicentennial Park? What about the open space near the George Long shops? Log House Park is a separate park and is identified in the City's CIP. 45 5-6 5'6 onP�*o�aogTau�5'1mo Black nwo,rmi//sxprcmovnr/nnnonedumnmmumnncouvnmmo ' regional Lake to Sound Trail. Are these one and the same7 rmohas been c/a,m,o. 46 5-6 s-o Connections v Add Tukwila Pond Park to connections list Change has been made. 47 o-o s-s Black River Trail Would this qualify as a riverfront n,Nocn Change has been made. 48 5-9 n-s Macadam Wetlands and VVinter Garden Include trai connections to the neighborhoods the east and creatpamoneut,onasw,xasconnrcnun,invm°,m,,°a/emo,enapar/tv Change has been made. 49 5-9 5-9 Southgate Park Steep property line along Tukwila International Boulevard, however, structural stair system could create a loop, improve access to park and improve connections between Riverton and the TIB corridor. This ha been clarified. 50 s_�o s_a Ryan nmPamMake m/,apenu*op�euuvVomoauegon�po� and acnui�xxue.n the p�emo land is expected to increase, acquire land for a park before costs go up. rmshas been u|omoeu. u� 5-10 5-9 walk and roll plan clarify prpect descriptions These have been clarified. Page 3 Cla 0 Tukwila PROS Plan Comment Log 2/4/2014 Page 4 zs 5-12 5-12 nven ory Undeveloped Land Tie thi ' in o the Goals and policies, tha , which goal and policy is plementing? Make the "inventory" a pending project -it needs to be funded; otherwise take out this paragraph. If City is not willing to start buying "open space" land - why inventory? Looking ahead to the "evaluative criteria" there is no mention of open space as being unidomificd need. Make ucomment that inventory may help with choice on proposed donations of land. Use 'Tukwila HID" parcel as an example. This has been clan led. 54 c 5-12 Potential External Partnerships Add Tukwila Municipal Pool District to the list Chan e has been made. 55 5-13 5-13 Expand Funding Flexibility 'nmnn the prioritization om*na'' Please /s/./auo/unreference moomena. What and where are they? rms^oybeen ' iex 56 5-15 4 and o— Add the following criteria Neighborhood Support Does the project have the support of the neighboring properties as well as those within walking distance? Safety Will the City be able to ensure adequate safety for both the users of the project and the neighboring properties? Maintenance Does the City have the necessa mnoxp ra mmed o ,mmg-tvnnmomenancw, Neighbothood support and maintenance have been clarified Safety is addressed in Supporting Strategic Plan and Comprehensive Plan Goals 7 no dgment acknowled gmem My name is misspelled Change has been made, 58 Appendix B Appendix o Renton is not included in Appendix B — Recreation Program ix as one of the public agen les. you need specific information we would be pleased to provide th you.. cxanyex*s been made. uy n'oo o'zs This isn000 minor but wanted m point out a typo nn page o'zs The first uv poin/undcr "Cu ,ren Park Use is missing an r in Park in the bolded heading. hunyu has been mage. 60 o-* D-4 typo ,ho"19 resyonses instead of 1 for Arts Culture coanqe has mae ode. 61 General General I live in Tukwila, near City Halt and wanted to put in my two cents ponauognwxo/mmoumanox leash area for the dog owners of our community. I see it noted in the "html" document that this is being considered for the Crestview, Duwamish or Foster/Lee parks /hope that an off leash area will come m fruition. It would be rnce to have something close to home where we can spend time outdoors with our dogs Thank you for considering that our furry friends need a safe place to exercise too Comment noted no change made. oz General 4-8 /, Shpu|o~em|nn,pocmcuorcuxin|e,p|m,cm/cc z Bring m the term open space perhaps m Forest and waterways. This Plan focuses on service area distances and the discussion m LOS i, summarized in the Needs Analysis, available under separate cover. The term open space has been added to Forest and Waterways. Page 4 Tukwila PROS Plan Comment Log 2/4/2014 63 General General Du a - h Gardens breaks g oun in 2 4 and should be included in some fo o fashion - future inventory, in progress, etc. ? Referen h p je has been a ded. 64 General ike and agree with most all of the goals here! - 65 General General Priority is Safety and Maintenance - How do we increase safety and security in existing sites. Emphasize the uniqueness of each park and their issues: programs are the parks; look to provide opportunities for neighborhood mtgs/BE3Q at parks to gather input: how are parks integrated into the neighborhoods, Maintain what we have should be a consideration vs. acquiring new_ long-term sustainability from a maintenance standpoint. Noting that the overall needs turned out to be more similar than different (overall vs. resident specific) Resident vs. Non-res/business = not parallel in my mind when it comes to spending $$ (policy statement to be considered) These changes have been made in various sections of the Plan as noted in other comments including pages 1-4, 1-5, 3— 2, 3-3, 3-4, 4-6. aw General General The foc s on connectivity and program diversificati n is great sr General General Dog park s not specified in projects Specific project ideas could be included but the plan focuses on providing a process to address specific project ideas 68 General 4-7 Adding for consideration: could Tukwila develop a ADA accessible playground This has been added. *e General 4_10 The efforts of the City to reach out to historically underserved communities is very admirable. There seems to be a lack of making ecosystem/env ronmental management and ecoliteracy a priority in the Plan. With the number of shoreline and other restoration projects the City has agreed to steward, it seems inherent that meaningful environmental stewardship planning and capacity-building is a priority in the City xappears owxamux Hill Preserve /x missing from the nwemont project Site u,\and moumueme�� A first glance it appears that this might be due to the size of the site, however, considering the other parks (Fort Dent, for one) and with Codiga included on the list, a seems that DHP should be. And perhaps Cecil Moses and North Wind's Weir, should they come on line in the TPR Dept The ontiguous element of these sites along the river are a prominent feature of our park system It will be encouraging to see more shoreline restoration on sites of traditional park use, such as the Environmental education has been added. Duwamish Hill Preserve has been added to list. opportunities at Fort Dent, no General General This plan offers an opportunity to tell a story including the importance of interconnectivity and the value of maintenance Tu=m|uoamuwu,m»mFmo/plan. 71 General General The direct links to the Strategic Plan is somethinig I would like to see in future plans 72 General Gene | I would like to see a big map produced A large format map has been included in the project . Page 5 Tukwila PROS Plan Comment Lo 2/4/2014 Page 6 .� ,sz � '�.,_ ��,,:^ rr ✓, � -� �" '%i � -vr= i"`''�- ' c "s .c Fz .q y I� �'� -`�- `� � 'w.`1,sh:: rc ` �s � ��.- 73 General 4 -7 Is there a way to include more guidance about community agriculture at the edges of sites, parking strips, along trails. Including a program to organize or identify some locations This has been added. 74 General General Could a Boys and Girls Club or community center in a new location bring programs closer to people This is an important part of the strategy around diversifying prom mm 75 General General Important to give a home to the recommendations of the Walk and Roll Plan, this plan provides a framework to make things happen 76 General Idea: sidebars that could add to the "story of the plan This will be added within Final Plan. 77 General Maximizing and sustaining the system are very important Page 6 ATTACHMENT B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PARKS, RECREATION AND OPEN SPACE PLAN FOR THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 2207 AND 2213; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.63.062 authorizes the City of Tukwila to perform comprehensive park and open space planning; and WHEREAS, the Tukwila City Council requested that (through the Parks and Recreation Department) the administration prepare an updated Parks, Recreation and Open Space Plan; and WHEREAS, the City administration and Park Commission have completed review and modification of the pPlan, and have forwarded the 2014 Parks, Recreation and Open Space pPlan to the City Council for review and adoption; and WHEREAS, the plan was presented to the public for comment and modification at a public hearing on November 25, 2013; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The 2014 Parks, Recreation and Open Space Plan, attached hereto as Exhibit A (Exhibit A), as presented with this ordinance, is hereby adopted. as the Parke Section 2. A copy of the Plan shall be filed in the City Clerk's Office for use and examination by the public. Section 3. The 2014 Parks, Recreation and Open Space Plan is adopted by reference as part of the Comprehensive Plan. W: Word Processing \Ordinances \PROS Plan adopted strike -thru 2 -5 -14 DJ:bjs Page 1 of 2 33 Section 34. A copy of this ordinance and the Parks, Recreation and Open Space Plan shall be filed with the following City departments: 1. Community Development 2. Public Works Department 3. Finance Department 4. Parks & Recreation Department 5. Mayor's Office Section 45. The 2008 most recent Comprehensive Parks,. and Recreation and Open Space Plan, adopted by Ordinance No. 2207T on June 23, 2008, is hereby repealed. Section 66. Repealer. Ordinance Nos. 2207 and 2213 are hereby repealed. Section 67. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 78. 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 89. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A — Parks, Recreation and Open Space Plan W: Word Processing \Ordinances \PROS Plan adopted strike -thru 2 -5 -14 DJ:bjs 34 Page 2 of 2 ATTACHMENT C The planning team would like to thank the people of Tukwila and the many individuals and groups that provided input throughout this process. The key to the development of this plan was the involvement of Tukwila's active, passionate and well- informed citizenry. City Council Jim Haggerton, Mayor David Cline, City Administrator De'Sean Quinn, President Kathy Hougardy, Past President Joe Duffle Allan Ekberg Katc Krullcr Parks Commission Sean Albert Joanne McManus Staff Advisory Group Kathy Hougardy, Past Council President David Cline, City Administrator Rick Still, Parks & Recreation Director Dave Johnson, Recreation Superintendent Nora Gierloff, Deputy Community Development Director Moira Bradshaw, Senior Planner Dc'Scan Quinn Kate Kruller Dennis Robertson Verna Seal Alice Russell Don Scanlon Bob Giberson, Public Works Director Bruce Linton, Assistant Police Chief Peggy McCarthy, Finance Director Evelyn Boykan, Human Services Program Manager Chris Flores, Acting Fire Chief Derek Speck, Economic Development Joyce Trantina, Project Analyst Tukwila Parks, Recreation and Open Space Draft Plan 35 36 S Tukwila is a community of many cultures and backgrounds, with a population and work force that is constantly evolving. As a part of a dynamic region Tukwila will continue to grow, adding thousands of new residents and jobs. One of the first and most frequent interactions new residents and employees will have is with the system of public spaces and facilities that beautify and support the wide range of recreational opportunities offered in the city. This system includes the lands, facilities and programs owned and operated by the City of Tukwila, as well as the public, community based and private partner providers that expand the opportunities for fitness, fun and relaxation. The Parks, Recreation and Open Space (PROS) Plan provides a responsive, flexible guide for the continuing evolution of the system. The City will play a major role in this evolution, as developer, programmer and partner. The projects presented in this PROS plan are the first implementation of the citywide vision adopted in Tukwila's Strategic Plan, representing the alignment of City efforts and opening doors to State and Federal funding. Community Priorities The City of Tukwila has committed itself as an organization that finds more effective ways to reach its highly diverse community of residents, as well as its many visitors and employees. During development of the PROS Plan, the City reached a wide cross section of the EXECUTIVE SUMMARY community. This wealth of public input revealed five-six overarching themes that describe the community's desires for the park, recreation and open system in Tukwila. • Accessible and connected parks and recreational opportunities • Parks and Open Space that are safe,' well maintained, and integrated into their local neighborhoods • Walking and biking, health and wellness • Socializing, gathering and a sense of community • Opportunities for all • Affordability and convenience Determining Needs The PROS Plan defines needs through a quantitative and qualitative analysis of the desires, ideas and concerns identified by the community. Focusing on the overarching themes, the analysis utilized the City's geographic information system data (GIS) to build a visual map illustrating how park users travel to parks. The planning team conducted further research to understand the types of recreation opportunities that exist in these parks Tukwila Parks, Recreation and Open Space Draft Plon t Formatted: Bullets and Numbering J 37 EXECUTIVE SUMMARY There are six categories that comprise the future concept. RIVERFRONT PROJECTS The Green /Duwamish River is a central feature in Tukwila for both recreational and environmental reasons. Projects within this river corridor need to be recognized for their relationship with the river and with each other. The PROS Plan aligns and unifies the efforts of many riverfront projects. PARTNER SITES Building a complete system in Tukwila relies on the use of partner sites including the Tukwila Pool, school sites, community organizations and sites that are owned or operated in partnership with other public entities. Expanding and protecting public access to these sites is critical to meeting community needs. CONNECTIONS The future system provides safer, more direct and more enjoyable connections to park and recreation facilities. Building on the City's past work to create walking and rolling connections, the future park system includes numerous new links to make getting there more fun. EXPANDED CAPACITY The future system requires more flexibility to support the changing needs of users. There are several harks that do not meet adopted standards but with potential to become more aop li _In addition, each acre of park land will have to support more people. Investments in existing sites and facilities will expand the capacity of the system. Of particular importance is creating the spaces for residents; to gather and build a broader community connection. Parks are also valued by visitors and workers. SUSTAINABLE STEWARDSHIP Looking to the long -term, sustainability in Tukwila's parks, recreation and open space system will include caring for the environmental, social and financial well- being of the community. The goals of the PROS Plan will help focus resources on the most important sites and programs to maximize the benefits and inspire another generation of users. DIVERSIFY PROGRAMS AND PARTNERS New approaches to recreation programming will expand the reach of the City and partner organizations. By creating space for experimentation, the City can explore and find ways to better serve ethnic and linguistic communities as well as the more varied needs of workers in the city. This effort, like all of the above, will not succeed without Tukwila Parks, Recreation and Open Space Draft Plan 38 • the help of community, City and priv partners. The City will need to proactively establish and build new relationships to extend the resource invested. Prioritizing and Funding With the resource constraints (land, staff, acquisition and operational funding) facing Tukwila, prioritizing funding projects will require both direction and flexibility. The system of prioritization accommodates the reality that many projects can not move forward until at least one important condition is met (land availability, neighboring redevelopment, grant success, etc.) and other projects are already committed and moving forward. The remaining projects are the ones that will require more conversation and prioritization by the City. For all projects in existing and future parks, maintenance and operations needs must be a key factor when basing decisions. Guided by this Plan, will enable the City can te-be more flexible with capital dollars to match grants and supplement other community resources. EXECUTIVE SUMMARY Tukwila Parks, Recreation and Open Space Draft Plan 39 CHAPTER 1. INTRODUCTION Figure 1 -1: Planning Process Baseline Service Needs Analysis Assessment Strategy & Plan Development Draft & Final Plan Spring 2013 Summer 2013 PHASE 1: WHERE ARE WE NOW? Beginning in spring 2013, the purpose of Phase 1 was to establish a baseline of information to support the PROS Plan, including a review of the existing conditions in the community and an assessment of the existing park system and recreation services. Chapter 1 summarizes findings from this first phase, which are also detailed in the Existing Recreation Resources Summary available under separate cover. PHASE 2: WHERE DO WE WANT TO BE? In Phase 2, the PROS planning team designed and hosted an array of public involvement opportunities with City staff, community partners and the public to identify community preferences and desires. This phase included the community questionnaire and moving and listening sessions which allowed the City to hear from a wide cross section of Tukwila. Key needs identified from this phase are discussed in Chapter 2. The combination of these efforts resulted in identifying the parks, recreation and open space concept presented in Chapter 5. Summer /Fall Fall/Winter 2013 2013 PHASE 3: HOW DO WE GET THERE? Building on the outcomes of Phases 1 and 2, the PROS planning team began developing recommendations and plan elements in support of the envisioned future of the system. Outcomes of this phase included a list of capital projects, project prioritization criteria and a funding strategy to identify how the PROS Plan and its recommendations will be funded. Chapters 3, 4 and 5 present the direction setting elements developed through this phase. PHASE 4: WHERE /HOW DO WE START IMPROVEMENTS? Phase 4 consisted of final review and refinement of the Draft Plan, presented before the public and City Council, resulting in the Final Plan. Public Involvement The City of Tukwila has committed itself as an organization to find more effective ways to reach its highly diverse community of residents as well as its many visitors -and employees. Building on the lessons and connections gained from the Strategic Plan Process, the PROS Plan built in opportunities for 1 -2 Tukwila Parks, Recreation and Open Space Draft Plan 40 CHAPTER 1. INTRODUCTION BROAD OUTREACH Balancing and validating the targeted input, the planning process also included several activities that were available to any resident, visitor or employee in Tukwila. • Community Questionnaire: Allowing any respondents to candidly weigh -in on the park system at their convenience and their own pace, the questionnaire generated 418 responses. This option was uniquely suited to capturing input from residents as well as employees and - results indicated no major differences between the two groups. • Community Workshop: The City held a traditional workshop meeting to offer the opportunity for face -to -face interaction with the planning team. The workshop was open to the entire community and participants could stay for as much time as they wanted, to discuss issues, opportunities and challenges related to parks, recreation programming, facilities and open space. 14 • Extended Outreach: Extending the outreach activities to gather feedback and build interest for the PROS Plan out in the community, a series of questions were posed on display boards. Participants at Teen Late Night, Backyard Wildlife and the senior lunch program were invited to indicate their answers using dots as votes. The questions were later displayed in the lobby of the Tukwila Community Center for additional participation. KEY THEMES Throughout all of the public involvement activities, several common themes related to the park, recreation and open system surfaced. The recurrence of these themes through multiple channels of input provides a high level of confidence that these issues are the most important for Tukwila's PROS system today. • Accessible and connected parks and recreational opportunities: Across all involvement activities, participants indicated that they desire parks and recreation activities and programming that are close -to -home and easy to access. Many felt that existing opportunities are disconnected by busy streets and physical distance and that there are few direct or affordable options to get to parks. Improved access to the river was also important to participants. • Walking and biking, health and wellness: Walking, biking and activities that promote general health and wellness are the most popular and desired in Tukwila. Participants felt strongly that more opportunities for Tukwila Parks, Recreation and Open Space Draft Plan 41 these activities are essential to overall quality of life. • Socializing, gathering and a sense of community: According to community feedback, opportunities that allow for socializing and gathering are important,_ both for residents as well as employees. Many felt that these activities and public spaces that support them are central to a sense of community and overall feeling of well- being. Feedback also indicated that Tukwila's diverse cultural groups desire both formal and informal settings to meet, celebrate and socialize. • Opportunities for all: Many participants, and especially members of the city's diverse language groups, felt that the City needs to play a stronger role providing services that are offered in different languages and that cater to different cultural needs. Some felt that the language barrier prevents them from using parks and programs, or from knowing what's available. • Affordable and convenient opportunities: Participants felt strongly that recreation services and programs should be affordable. Many also felt that programs and classes should be more flexible and available at different times and formats. Community Context Each year, the city's population base changes as refugees and immigrants from all over the world enter the United States and begin their new lives in Tukwila. There are over 70 languages CHAPTER 1. INTRODUCTION spoken in the community and the city has one of the highest percentages of non - English speakers in King County and the State of Washington. This makes for a dynamic population in Tukwila, and means that the way people use parks and recreation services may shift more frequently than in other places. Figure 1 -2: Foreign -Born Population by Place of Birth in selected South King Cities, 2006 -2010. 36% of total is foreign-born 35% 31% 28% 26% 22% Tukwila SeaTac Renton Kent 20% 8urien King County Source: City of Tukwila Strategic Plan, based on ACS, 2006 -2010; BERK, 2012 The City's Strategic Plan projects a future population of nearly 23,000 by 2030, based on a 1.1% average annual growth rate. This growth rate accounts for annexations, as well as growth within the current city limits. Major annexations include Oxbow and Tukwila South. Tukwila South, the most recently approved addition, encompasses about 500 acres of land along the Green/Duwamish River at the south end Tukwila Parks, Recreation and Open Space Draft Plan 1 -5 42 Oceania Africa • Europe • Americas • Asia CHAPTER 1. INTRODUCTION of the city, and could accommodate approximately 1,505 additional residents. PARK LAND There are 32 park properties in the City's inventory totaling 273 acres (Table 1 -1). The Existing System Map shows the location of all parks and recreation resources in the system, comprising developed and undeveloped park lands. Trails, schools and recreation sites owned by other providers are also part of this system and add to the number of resources provided by the City. Appendix A provides a detailed list of park and recreation areas. Tukwila's developed parks function as one of two park types: local parks or special use parks. There are also nearly 29 acres of open space lands. Table 1 -1: Tukwila's Exist'ng Park Land • Local Parks: Local parks provide for a range of opportunities, such as soccer or playground play, and are generally intended to serve the surrounding neighborhood. • Special Use Parks: As their name implies, special use parks focus on a unique or singular attraction such as a water feature, garden or community center. These park types vary in size according to the amenity that they showcase. • Open Space: Open spaces are tt4eve4eped -parks that efe- protected -er natural system benefits such as wildlife habitat and water quality. Open space sites can also provide for public use such as trail activities, education and interpretation and water access. These sites include riverfront lands, wooded areas and /or steeply sloped hillsides. .s. PROGRAMS AND SERVICES The Tukwila Community Center serves a vital role by providing the majority of public recreation programming and support services in the city. Along with City- sponsored programs, neighboring communities, public schools, private providers and non - profits expand the number of park and recreation related benefits available to Tukwila residents. Appendix B provides a complete list of programs. RECREATION PARTNERS Tukwila partners with area schools to increase access to sport fields and playgrounds in areas that lack parks. The Highline and Tukwila school districts lease former school sites to Tukwila for park uses, including Crestview Park, Duwamish Park, Riverton Park and Joseph Foster Memorial /Lee Philips Park. The City also partners with King County to expand 1 -6 Tukwila Parks, Recreation and Open Space Draft Plan 43 Total Parks Total Acreage Local Parks 10 48.1 Special Use Parks 10 196.2 Open Space 12 28.8 Total 32 273.1 • Local Parks: Local parks provide for a range of opportunities, such as soccer or playground play, and are generally intended to serve the surrounding neighborhood. • Special Use Parks: As their name implies, special use parks focus on a unique or singular attraction such as a water feature, garden or community center. These park types vary in size according to the amenity that they showcase. • Open Space: Open spaces are tt4eve4eped -parks that efe- protected -er natural system benefits such as wildlife habitat and water quality. Open space sites can also provide for public use such as trail activities, education and interpretation and water access. These sites include riverfront lands, wooded areas and /or steeply sloped hillsides. .s. PROGRAMS AND SERVICES The Tukwila Community Center serves a vital role by providing the majority of public recreation programming and support services in the city. Along with City- sponsored programs, neighboring communities, public schools, private providers and non - profits expand the number of park and recreation related benefits available to Tukwila residents. Appendix B provides a complete list of programs. RECREATION PARTNERS Tukwila partners with area schools to increase access to sport fields and playgrounds in areas that lack parks. The Highline and Tukwila school districts lease former school sites to Tukwila for park uses, including Crestview Park, Duwamish Park, Riverton Park and Joseph Foster Memorial /Lee Philips Park. The City also partners with King County to expand 1 -6 Tukwila Parks, Recreation and Open Space Draft Plan 43 CHAPTER 2. PARK AND RECREATION NEEDS access to local parks and public school sites. Based on the analysis, there are four locations in the city that are greater than a 1/4- to 1/2-mile service area distance to local parks and schools (Figure 2 -1). Figure 2 -1: Access to Parks Gap Areas • P2: This location is cut off from the rest of Tukwila by rail lines and the hillside. The gap is close to Seattle's Kubota Garden Park — however, there are no public school sites nearby. • P5: There are no local parks near to this location, but Foster High School and Showalter Middle School are in close proximity and provide sports fields, courts and playgrounds. Tukwila Pool is also near this location but does not offer the types of amenities available at local parks. • P7: Crystal Springs Park is a local park near to this location, but there is no public access to its western parcel from the west side. There are also no public schools in close proximity. • P8: This location has a higher than average density of housing but lacks convenient access to any local parks or schools. Tukwila Park is the closest local park, but it is not within a 1/4- to 1/2-mile distance. The multi - purpose fields and playground at Tukwila Elementary School are nearby, but they lack direct access from this location. Recreational Activity Needs and Park Capacity Tukwila's parks provide different experiences and offer different activities throughout the system. Based on key themes identified during the public involvement activities, there are five types of activities that are most needed. Though not all areas of the city offer these activities, certain parks have existing capacity and can be improved to meet these needs. 2 -2 Tukwila Parks, Recreation and Open Space Draft Plan 44 RECREATIONAL ACTIVITIES Walking and Biking Walking and biking activities require safe, convenient and accessible trails for recreation and transportation. Tukwila's Green River Trail is the primary trail system in the city and provides a north /south connection along the Green /Duwamish River. The Interurban Trail is another important amenity that provides access to neighboring cities. There are also several railways and rail branches that have potential for future use as trails. Walking and biking are the most popular and desired activities in Tukwila. Outcomes from public involvement activities indicated that more opportunities for these activities are essential to overall quality of life. However, busy streets, the river and steep slopes create safety barriers to reach parks, and there are few east/west connections across the city. Social Gathering Social gathering occurs in small and large spaces. These activities vary from smaller gatherings under 20, to more formal gatherings and events of 50 or greater. Large, formal social gathering activities can require a number of park and facility amenities such as restrooms, picnic tables, drinking water access and parking. For larger gatherings up to 50 people, the City requires reservations ahead of time. Group activities outside with 50 or more People require reservations at the community centerThc City requires CHAPTER 2, PARK AND RECREATION NEEDS Community Center. According to community feedback, opportunities and places that allow for socializing and gathering are important. Many felt that these activities are central to a sense of community and overall feeling of wellbeing. Feedback also indicated that Tukwila's diverse cultural groups desire both formal and informal settings to meet, celebrate and socialize. Organized Sports Organized sports occur on fields and courts that allow for pick -up games, practices and /or team sports. These include baseball fields, soccer fields and multi - purpose fields, and full -court basketball and tennis courts. In Tukwila, the Community Center, Fort Dent Park and school fields and courts provide for most organized sports activities. According to public feedback, places and programs that offer youth sports are some of the most needed types of offerings. Most parks do not offer the variety of organized sports facilities, such as sport fields and ball courts, required to meet the needs of nearby residents. Residents expressed a desire for open and available soccer fields, with a decrease in interest for fee -based leagues. According to the Equity for All report, soccer is an important part of East African culture, but many youth expressed that they rarely have the opportunity to play. Tukwila Parks, Recreation and Open Space Draft Plan 2 -3 45 Table 2- Fark CaDac 2. Pce :s and Reereo! ion hlec Five South Park View Park view nark........._. ar €ngs Park Paris e _ My r'r Riverton Mini -Park .� . Cryst al Sp Duw arrish Hazelnut Park Jere ph Foster River Riverton Park Tukwila Park e Codi as Park - Boat la park 1 pr Park Duwarn sh Hill Fresery Fort Dent Park (Starfire Sports Comp! Fester Golf Links Ikawa Park (Japanese Garden) Macadam Wetlands & Winter Garden Tukwila Community Center launch, w;i dlife hservati education Tukwila Pond Park Tukwila Poo! Black River .ironmenta! Cecil Moses Memeria Christiensen Road Prot Green Rlvnr Let Interurban Hiii Lot Lookout Par4........ North Wind's Weir P -17 Pend 'Rivc?rvev Plaza Ri Southgate Park Tukwila Hill Tukwila Parkway ox Drive,Pamela Driv Telemi(o Parks, Recreni;on and'-- Open Spode Draft Pion Recreation Programming Public programs and community services are important to many residents. These resources contribute to quality of life and community and personal health. This section describes the City's program participation, goals for program costs and cost recovery, and program service gaps. PROGRAM PARTICIPATION Recreation program participation data provides a snapshot of the level of contact that organized recreation activities create (Table 2 -2). Appendix B provides a complete list of programs. Table 2 -2: City of Tukwila Recreation Program Participation (2012) Program Area 2012 Participation Preschool 1,805 Youth Programs 12,848 Teen Programs 4,297 Youth /Teen Athletics 10,051 Youth /Teen Special 1,396 Special Interest Classes 3,867 Fitness Classes 7,854 Adult Athletics 2,969 Open Gym /Racquetball, 28,052 Senior Services 5,276 Senior Trips and Tours 843 Senior Social Activity 447 Senior Classes 7,345 Senior Sports /Fitness 4,046 Rentals - TCC 57,876 Rentals - Athletics Fields 2,120 Rentals Picnic Shelters 3,358 CHAPTER 2. PARK AND RECREATION NEEDS The data is collected and presented in terms of the number of units of participation, therefore showing how many times each of these program areas touches the community.' The largest participation number is reported for the rental of the Tukwila Community Center. This reflects the significant number of small and large events that take place in and around this well used facility. Other high numbers reflect the focus on "public good" programs, such as youth and senior programming as directed by policy (described below). Participation in specific recreation programs is a complex function of various factors including desire /demand, schedule and affordability. The magnitude of many of these numbers reflects the regular attendance of a group of participants over a series of regularly occurring programs. COST RECOVERY GOALS The Parks and Recreation Department is working toward a program cost recovery model based on a three tiered hierarchy. Each program service level has a different cost recovery range, from private programs that are mostly to fully 2 Source: City of Tukwila. Participation measured in units = number of people in an activity x number of days the activity meets. The data does not indicate how many unique individuals participate in each category, which would be difficult or impossible to collect for some program types. The data does not include particioation at the Tukwila Pool. Tukwila Parks, Recreation and Open Space Draft Plan 2 -7 47 summer camps and organizing educational excursions throughout the greater Seattle area. Awareness Distributing information about programming options is one of the factors that is especially challenging to Tukwila due to the large number of linguistic groups residing in the city. While finding the methods that best connect to residents is always a challenge, being able to provide the information in multiple languages and identify the most culturally effective methods adds significantly to raising awareness. Schedule Schedule is a key factor in matching programs to participants. Aligning programs to fit around work, school and family schedules was an important finding from the online questionnaire. Evening, weekend and early morning class times were most desirable. Currently, the majority of programming is held during weekday evenings, between the hours of 6 and 8 pm. Most morning programs are oriented for youth, such as swim lessons, summer camps and before school programs. There are fewer programs that occur during the lunch hour, and few early morning classes oriented for adults. Affordability The City has a direct hand in determining the affordability of programming to the user through the application of the cost recovery policy. The gap in affordability is largely about CHAPTER 2. PARK AND RECREATION NEEDS reconciling the variety of populations to serve, the programs to offer and the level of community investment. Affordability is also about the willingness and ability of the City to make more affordable programs available and to reconsider the way its current cost recovery policy is applied. Community input, particularly from the cultural and linguistic minorities in Tukwila, has indicated that even small user fees can be a major barrier to participation. The community questionnaire explored the balance of City investment and user fees for a selection of program types. Overall, respondents indicated that costs should be shared in some way (few indicated that any program should be 100% supported by the City). Two categories of programs were notably high in responses indicating that the user should pay 100% of costs: adult sports (35% of respondents) and fitness classes (21% of respondents). Alternatives Starfire Sports, SeaTac Community Center, Tukwila Pool, and the Matt Griffin YMCA provide the widest array of alternative recreation programs in and around Tukwila (Appendix B). These providers provide the most overlap with City of Tukwila offerings. • Starfire Sports: Starfire is largely focused on soccer (and other field sports) and offers a premium experience that is utilized by users from across the region. This facility requires an annual membership that ranges from $35 (basic) to $50 (premier membership) Tukwila Parks, Recreation and Open Space Draft Plan 2 -9 48 CHAPTER 2. PARK AND RECREATION NEEDS for access to the facility and its programs, and field use fees ranging from $33 per hour per participant for youth, to $77 per hour per participant for adults. Between the cost, the demand for field space and the location on the east side of the Green /Duwamish River, Starfire can be seen as a complement to the City programs and services with minimal overlap. • SeaTac Community Center: The SeaTac Community Center is located just outside of Tukwila to the northeast in the City of SeaTac. The 27,000 square foot facility features an indoor gym, weight room and reservable banquet room. The building also features an arts and crafts room and multi- purpose room that accommodate different types of recreational programming. Drop -in class fees are $6 and most activity fees are $2.50 - $3.50. There is also a monthly weight room pass available for $28 (adults) and $21 (seniors). • Tukwila Pool: The Tukwila Pool is centrally located in Tukwila and operated by the Tukwila Metropolitan Park District, approved by voters in 2011. The indoor pool is open year - round and offers a range of aquatics Programs and classes, including open swim and party rentals. For winter 2014, pool rates range from $3 -$4 for youth /senior and adult drop -in fees (respectively). a 10 -punch pass with discounted rates for residents, and monthly and annual passes. Scholarships are also available. During 2012/2013, the District commissioned major renovations to the pool, pppl utilities and building exterior. • YMCA: While not located in Tukwila, the Matt Griffith YMCA center (near the border between Tukwila and SeaTac) offers a wide range of recreation opportunities that are similar to the City's offerings. The YMCA requires a one -time joining fee ranging from $25 (youth) to $100 (adults) and monthly membership fees from $32 (youth) to $65 (adult). Membership allows for unlimited use of all 13 YMCA facilities in the greater Seattle area, including most health and wellness programs. Specialty classes and programs requiring additional fees are offered at a lower rate to members. The YMCA also offers financial assistance with the intention of serving as much of the community as possible, Considering the range of programs available, the proximity to Tukwila and its competitive costs, the YMCA can be seen as a competitor to City programs. 2 -10 Tukwila Parks, Recreation and Open Space Draft Plan Formatted: Bullets and Numbering 49 Growth and Economic Development Future growth in Southcenter —the city's urban core —and revitalization along busy street corridors such as Tukwila International Boulevard will require improved access to parks and recreation services. In addition, Tukwila's large employee population constitutes a potential market and may have unmet recreation needs not addressed in previous recreation planning efforts. Tukwila's Strategic Plan calls for investing in the unique future of specific sub -areas of the city. These include Tukwila International Boulevard Set�ih, Southcenter and Tukwila South. Tukwila &etrth- encompasses about 500 acres of land along the Grccn /Duwamish River at the south end of the city. According to the Southcenter Subarea Plan, the area could accommodate approximately 2,710 new households and 5,359 new employees by 2031. The Plan presents goals for the regionally recognized urban center, calling for the redevelopment of underused properties and oversized parking lots into revitalized public spaces. It also provides a specific objective to add high quality open spaces and recreation areas to stimulate new development, including substantial housing development. The Southcenter Subarea Plan calls for Green /Duwamish River restoration and Tukwila Pond "unearthing" to enhancementse to bolster community identity and create revitalized public CHAPTER 2. PARK AND RECREATION NEEDS amenities. Along with recommendations in the Shoreline Master Plan, the Southcenter Subarea Plan envisions an urban waterfront with an amenity anchor along the northern edge of the pond containing retail, housing and hotels. Further south. Tukwila South encompasses about 500 acres of land along the Green /Duwamish River at the south end of the city. Through a development agreement. the recently annexed area of the city will serve as a major emplovment center with the potential for thousands of new jobs. Tukwila Parks, Recreation and Open Space Draft Plan 2 -1 1 50 P ! 1 c " >; The following goals and policies provide the framework needed to create the first parks, recreation and open space element of Tukwila's Comprehensive Plan. The proposed goals enhance existing policies that relate to the park and recreation system, provided in the Strategic Plan and Comprehensive Plan. Appendix C provides a more detailed overview of how the PROS Plan goals relate to these two plans. System Goals and Policies There are five goals that describe the desired future state of Tukwila's parks, recreation and open space system. Goal 1: Convenient and Connected System Goal 2: A Sense of Community Goal 3: Opportunities for All Goal 4: Inviting and Affordable Goal 5: Healthy People and Places POLICIES Each goal contains multiple policies that establish more specific directions for the PROS system. Policies reflect public needs, past and current planning efforts and policies, as well as strategic planning, design and management principles. Chapters 4 and 5 provide detailed recommendations and implementation strategies to carry out these policies. CHAPTER 3. GOALS AND POLICIES GOAL 1: CONVENIENT AND CONNECTED SYSTEM Parks, recreation opportunities and open spaces are close to home and work and are interconnected by safe streets, off - street trails and public transportation. Convenient and Connected System Policies 1.1 Create a system of close -to -home recreation opportunities. 1.2 Link parks to other destinations in the community and region such as schools, neighboring jurisdictions. regional parks and natural areas, and major employment centers. 1.3 Improve the pedestrian and bicyclist environment by creating safe and efficient connections across busy streets, railways and the river. 1.4 Increase physical connectivity with and views of the Green /Duwamish River. 1.5 Integrate linkages to recreation areas and open spaces when planning and designing the transportation system. 1.6 Include public transportation planning with the design and provision of parks and recreation programs and services. Tukwila Parks, Recreation and Open Space Draft Plan 3- 51 CHAPTER 3. GOALS AND POLICIES GOAL 2: A SENSE OF COMMUNITY The parks and recreation system builds community cohesion by providing places and programs for social interaction and gathering of all sizes, with designs that strengthen Tukwila's identity. A Sense of Community Policies 2.1 Design parks and recreation facilities that encourage social interaction, and gathering of large and small groups. 2.2 Design parks and recreation facilities that celebrate unique features of Tukwila and that contribute to quality of life and neighborhood needs. 2.3 Hold community events that encourage interaction between neighbors and celebrate the diversity of Tukwila. 2.4 Interpret local culture, history and environment throughout the system. 2.5 Integrate art throughout the city. 2.6 Support plans, policies, projects and programs to expand and improve the park and open space system in the Southcenter and Tukwila South areas, and seek opportunities to develop new facilities that enhance the overall experience of residents, while also considering the needs of employees, residents, business owners and visitors. GOAL 3: OPPORTUNITIES FOR ALL Parks, recreation opportunities and public services offer something for all ages, abilities and cultures, in settings, locations and times that are convenient to as many as possible. Opportunities for All Policies 3.1 Offer flexible recreation programming that is constantly improving and responding to current trends and community desires. 3.2 Provide programs that embrace Tukwila's many cultures, customs and interests. 3.3 Design accessible parks, facilities and programs for all ages and abilities. 3.4 Increase the capacity at existing parks and recreation facilities to maximize use and expand public access. 3.5 Provide indoor and outdoor spaces designed for flexibility of use. 3.6 Consider future growth needs and planned density when providing recreation opportunities. 3.7 Expand program options through enhanced partnerships and volunteerism. 3.2 Tukwila Parks, Recreation and Open Space Draft Plan 52 GOAL 4: SAFE, INVITING AND AFFORDABLE Parks and facilities are safe, well maintained and; clean -a f4 -safe, and programs and services are welcoming and accessible for all people. Safe, Inviting and Affordable Policies 4.1 Design parks and public spaces using accepted public safety standards such as Crime Prevention Through Environmental Design Principles (CPTED) or Defensible Space. 4.2 Develop park master plans or site designs that guide all major park improvements and that achieve cohesive design and efficient phasing of projects. 4.3 Involve the community in all aspects of project and program planning and implementation. 4.4 Involve community partners and volunteers in the construction and maintenance of parks to build public ownership and reduce City costs. 4.5 Increase access to affordable, free or reduced cost programs and services. 4.6 Expand awareness of the full range of program offerings and recreation options made available by the City and others. 4.7 Maintain parks and public spaces so that they are safe, clean, and welcoming. CHAPTER 3. GOALS AND POLICIES GOAL 5: HEALTHY PEOPLE AND PLACES Parks, recreation opportunities and open spaces promote healthy, active lifestyles, are designed and managed to engage and enhance the natural environment and the local economy. Healthy People and Places Policies 5.1 Provide services for all ages to encourage community members to try new activities and build a habit of healthy living. 5.2 Ensure that projects and programs create a social, economic and environmental return on investment. 5.3 Consider long -term management, operations and maintenance needs when implementing new projects and programs. 5.4 Incorporate designs with green infrastructure, water and energy efficiency and storm water management, that create minimal environmental impacts. 5.5 Co- locate public infrastructure, environmental and recreational projects where practicable. 5.6 Regularly monitor and maintain natural areas to control invasive species and other impacts. 5.7 Employ best management practices in managing parks and open space areas and provide continuing education for City staff on these practices. meat practices and provide continuing Formatted: Bullets and Numbering Tukwila Parks, Recreation and Open Space Draft Plan 3 -3 53 CHAPTER 3. GOALS AND POLICIES managing parks and open space areas f G ty staff: 5.8 Provide public education resources to promote understanding of Tukwila's natural environment and river ecosystem while building a stewardship ethic in the community. 5.9 Leverage the park, recreation and open space system to meet the needs of the residents while considering economic stimulation and needs of visitors, business, and employees.stitmuliate t4+e economy -arid attract and retain res+def4ts, businesses and employees. 3.4 Tukwila Parks, Recreation and Open Space Draft Plan 54 Each recommendation in this chapter is intended to achieve multiple objectives. Many will help achieve more than one of the PROS Plan goals. Recommendations cover a range of topics, organized into nine general categories. Recommendation Categories Walking and Biking Social Gathering Organized Sports Unstructured Play River Access Physical Planning and Management Forests and Waterways Programs and Services Communications and Partnerships Walking and Biking PROVIDE SAFE AND CONVENIENT PLACES FOR WALKING AND BIKING BY FOLLOWING RECOMMENDATIONS OF ADOPTED PLANS. Along with the needs identified in this Plan, the Walk and Roll Plan and Comprehensive Plan outline recommended walking and biking improvements throughout the city. Project priorities should be part of the City's annual capital planning process as a collaborative effort between the Parks & Recreation Department and Department of Public Works. CHAPTER 4, RECOMMENDATIONS INCREASE ACCESS TO WALKING AND BIKING BY ADDING TRAILS IN PARKS WITH EXISTING CAPACITY. Safe places to walk and bike should be added where possible throughout Tukwila. To meet this objective, there are several parks with potential for new trails. Nearly all are City -owned and most of these parks have good improvement potential. The City should consider adding internal or looped pathways in these sites to provide places to walk and bike. Some locations should be studied to determine whether connections can be added to link to other trails such as the Green River Trail. Codiga Park Crestview Park Crystal Springs Park Duwamish Gardens Duwamish Hill Preserve Macadam Wetlands Southgate Park Tukwila Hill Tukwila Park Tukwila Pond Park Tukwila South INVEST IN BICYCLIST AND PEDESTRIAN IMPROVEMENTS IN IDENTIFIED FOCUS AREAS. There are ten focus areas that lack convenient and safe walking and biking Tukwila Parks, Recreation and Open Space Draft Plan 4 -1 55 CHAPTER 4. RECOMMENDATIONS access (Figure 4 -1). The locations are general areas within Tukwila that are greater than i /a- to 1 -mile from the Green River Trail. These areas also highlight connections (envisioned in the City's Walk and Roll Plan and supported by input to this Plan) that could greatly improve access for walking and biking connectivity. • WB1: Connect the Tukwila Community Center from the south and west through a modification to the Allentown Bridge, or new pedestrian /bicycle bridge. • WB2: Cross Tukwila International Boulevard to access Southgate Park. • W83: Connect north /south, and cross 144th Street to improve access to Cascade View Community Park. • WB4: Connect opposite sides of Highway 518. • W85: Cross 1 -5 and connect east/west. • WB6: Cross I -5 near the Southcenter Mall. • W87: Connect the Southcenter Mall and Southcenter Transit Center with the Green River ate- Interurban, and Lake to Sound trails. This linkage will connect with , and the Sounder Commuter Rail Station and the City of Renton viawtth a pedestrian walkway and bridge over the Green River. • W88: Cross Boeing Access Road. • WB9: Cross Highway 518 along 51'' Avenue. • WB10: Cross the Green /Duwamish River near South 178`" Street to Brisco Park, and continue with planned pathways within Tukwila South. 4 -2 Tukwila Parks, Recreation and Open Space Draft Plan 56 CHAPTER 4. RECOMMENDATIONS INCREASE ACCESS TO UNSTRUCTURED PLAY IN IDENTIFIED FOCUS AREAS. There is unmet demand for unstructured play throughout the city. The City should increase places for safe unstructured play in areas that lack convenient access through new features and partnerships (Figure 4 -4). Figure 4 -4: Unstructured Play Focus Areas • U1: Add a nature play area with development of Ryan Hill Park. • U2: Partner with McMicken Heights Elementary School for use of school facilities during non school hours. • U3: Improve access to Crystal Springs Park and add a nature play feature to this park. • U4: Improve access to Tukwila Elementary School to allow for use of school facilities during non - school hours. Physical Planning and Management REPLACE THE EXISTING NUMERICAL PARK LAND LEVEL OF SERVICE STANDARD WITH AN OVERALL PARK LAND SERVICE AREA DISTANCE. Tukwila's approach to park and recreation services should be based on providing different park types that serve specific functions, following the classifications outlined in this Plan. The service area distance is based on - providing convenient access and maximizing benefits to the public by preventing duplication of services. Use of this measurement also considers non- residents, such as workers and visitors. RANK PARK AND RECREATION PROJECTS THROUGH THE USE OF PRIORITIZATION CRITERIA. The criteria should be used as a starting point to identify how projects should be ranked, while factoring changing conditions and opportunities. 4 -6 Tukwila Parks, Recreation and Open Space Draft Plan 57 DEVELOP AND IMPLEMENT UPDATED PARK DESIGN GUIDELINES AND POLICIES. Design guidelines for park and recreation development should be used as a basis for all future park master plans and park improvements. These should reference the guidelines provided in the Southcenter Subarea Plan, and outline best practices in system development, including parameters for park character and size, access and compatible amenities and features. The guidelines should promote compatibility between uses and structures adjacent to parks. REDUCE THE MAINTENANCE NEEDS OF LOW- FUNCTIONING SMALL PARKS. Several of the city's smaller parks should be undergo maintenance efficiency improvements to better align with the way these sites are used by the public. This could include replacing selected areas of turf with groundcover or permeable pavers, increasing or adding to tree groves or replacing park benches with seat walls. ADD A DISC GOLF COURSE TO THE SYSTEM. Parks with capacity for a disc golf course offer open areas or fairways ranging between 20 -40 feet wide, and can accommodate nine tee pads and baskets, signage and user amenities such as benches. Southgate Park has potential for adding a disc golf course. However, the park currently has no public access, parking or access to transit. CHAPTER 4, RECOMMENDATIONS IDENTIFY THE PREFERRED LOCATION FOR AN ADDITIONAL COMMUNITY GARDEN. The public has identified Duwamish Park as having potential for a community garden. Gardens require at least six hours of unobstructed sunlight, access to a reliable water source and fencing. Duwamish Park is not City - owned but has good public access, parking and portable restrooms. The City can also consider adding small - scale community gardens in underused spaces such as parking strips, trail corridors and site edges. IDENTIFY THE PREFERRED LOCATION FOR AN OFF -LEASH DOG PARK. The public has also expressed a need for a dog park, or off -leash dog area, at Crestview, Duwamish and /or Joseph Foster Memorial /Lee Philips Park. Basic requirements for dog parks should include secure fencing, access to water, shade and parking. All of these parks have parking but are not owned by the City. CREATE A PERMANENT SKATE PARK. The Tukwila Skatepark should be a permanent feature of the park system. The facility should be located within the Tukwila Community Center property or Foster High School in a location with good visibility and access. DEVELOP AN ACCESSIBLE PLAY AREA Identify a site suitable for designing an accessible play area that meets ADA guidelines while providing a fun and engaging place to play. The City should Tukwila Parks, Recreation and Open Space Draft Plan 58 t Formatted: Heading 2 4 -7 CHAPTER 4. RECOMMENDATIONS form a partnership team with public and private groups to design the site and seek donations of materials and /or services to make the project cost effective for the City. Forests and Waterways INCREASE ACCESS TO FORESTS AND THE RIVER. There are -€i six parks that have capacity to increase access to forests and the river, or that can incorporate Iopen space or views of these resources. Some sites, such as Duwamish Park are near the river but could have access to the river through safer street crossings or trail connections. Planned improvements for Duwamish Hill Preserve will provide access to the river. Duwamish Park is not City owned, making future improvements more challenging. The city's proximity to the Green /Duwamish River make non - motorized boat launches a desirable amenity to supply activities such as canoeing and kayaking. Duwamish Hill Preserve and Duwamish Park both offer potential for boat launching if access is available. Bicentennial Park Christiensen Road Property Duwamish Gardens Duwamish Hill Preserve (Phase Ill Improvements) Duwamish Park Foster Golf Course (north end) IMPROVE CONNECTIVITY TO THE RIVER. Tukwila is defined by the Green /Duwamish River and many of the city's existing parks are located on or adjacent to this waterway. The Southcenter Subarea Plan calls for improved connectivity to the river, as well as a bridge to connect with the Sounder Station and future park near this location on the east bank of the river. However, there are two locations where connectivity should be improved to allow for increased use and enjoyment of the river (Figure 4 -5). • R1: Work with willing property owners to identify opportunities to connect to the river in this location. • R2: Implement planned trail within this area to increase connectivity to the river. 4 -8 Tukwila Parks, Recreation and Open Space Draft Plan 59 CHAPTER 4. RECOMMENDATIONS ENHANCE THE URBAN TREE CANOPY. The City should conduct a citywide tree inventory and identify ways to improve and increase the urban tree canopy by working with volunteer groups and other public and non - profit agencies. This effort should also seek ways of improving the health of the existing urban forest. PROVIDE MORE ENVIRONMENTAL EDUCATION AND INTERPRETATION. The Parks & Recreation Department should continue to integrate the city's natural resources with public awareness through a variety of volunteer programs, nature walks and interpretive services as well as use of social media and public outreach, to foster long -term support and stewardship. Programs and Services INCREASE PROGRAMMING LOCATION OPTIONS, TARGETING ACCESS FROM THE DENSEST RESIDENTIAL AREAS, WHERE PRACTICABLE. The City should expand recreation programming and services in these locations using a combination of mobile programming and classes and activities held at City -owned and school -owned locations. Environmental education, community gardening and skill - building Programs can all occur within parks. In particular, the City should focus attention on the following seven focus areas that currently lack convenient access to programming (Figure 4 -6). • PG1: Continue to offer programming at the Tukwila Community Center. • PG2: Consider adding programming at Cascade View Elementary School. Figure 4 -6: Programming Focus Areas 4 -10 Tukwila Parks, Recreation and Open Space Draft Plan 60 • PG3: Consider •artn'rin ith the MPE) to add non - aquatic programs at Tukwila Pool, and partner with schools to provide programming at school -owned property during non - school hours. edding non aquatic p -T kwi+a- -Peel; - anti -av er- w4t#i -se -heels to- pie- prog�e jg at sc ool ewrie. . ; • -. a n �e -heet hour;. • PG4: Partner with Thorndyke Elementary School to consider adding programming during non - school hours. • PG5: Consider offering mobile programming in nearby parks to meet the needs of this area. • PG6: Partner with Tukwila Elementary School to consider adding programming during non - school hours. • PG7: Demand for programming and public services in Southcenter will continue to increase in the future as new residential growth occurs. Consider traditional place -based offerings, such as programming at a park or building, as well as alternative options such as mobile programming, to meet the needs of this area. • PG8: Partner with Tukwila Village to provide a facility for social gathering. REFINE THE CURRENT COST - RECOVERY FRAMEWORK TO INCREASE AFFORDABILITY OF DIFFERENT PROGRAMS. The Parks and Recreation Department should increase the base of options provided for free or at low cost to the public. CHAPTER 4. RECOMMENDATIONS Experiment with different types of programs based on enhanced outreach to the city's diverse populations, and allocate resources to test new and alternative programming. The City should allocate resources to expand the availability of programming available to different cultures and language groups. The City should annually evaluate the performance and need of these services, against the value provided for participants. PURSUE ALTERNATIVE SERVICE DELIVERY MODELS TO ENHANCE PROGRAMMING OPTIONS AND CONVENIENCE. Tukwila should seek non - traditional programming options such as mobile programming at employment centers, and partnerships with schools and private providers to increase access to programming. Communications and Partnerships UPDATE THE COMPREHENSIVE PLAN TO REFLECT POLICY DECISIONS OF THE UPDATED PARKS, RECREATION AND OPEN SPACE PLAN. The goals, policies and recommendations of the Parks, Recreation and Open Space Plan should be added to the Comprehensive Plan as a plan element. The goals, policies and recommendations of this Plan should be the basis for the updated parks, recreation and open space element of the Comprehensive Plan. Tukwila Parks, Recreation and Open Space Draft Plan 4 -1 1 61 CHAPTER 4. RECOMMENDATIONS DEVELOP PROCEDURES TO HELP FOSTER VOLUNTEER/PUBLIC - INITIATED PROJECT IDEAS. The City should consider developing a project proposal application for the public, as well as a City scoring process, that allows for volunteer- initiated proposals that could add value to the parks and recreation system. STRENGTHEN VOLUNTEER OPPORTUNITIES AND PARTNERSHIPS TO ENHANCE PARKS, EVENTS AND PROGRAMS. The City should consider developing a volunteer project database to serve as a clearinghouse for citywide volunteer opportunities. At the same time, the City should provide an accessible way that allows the public to propose volunteer -led park and recreation projects and programs. The City should work with volunteer organizations, such as Forterra, to identify opportunities to strengthen the park system. CONDUCT A MULTI- FACETED PUBLIC INFORMATION PROGRAM TO CONNECT AND ENGAGE WITH THE CITY'S DIVERSE POPULATION. The City should periodically engage in an outreach process to foster two -way communication between the City and residents. Outreach should promote conversations with a cross section of the community, in different languages, settings and formats that will be appealing to residents. GROW PARTNERSHIPS BY TARGETING SPECIFIC GROUPS THAT CAN IMPROVE PROGRAMMING IN IDENTIFIED GAP AREAS. Potential partners should include Highline and Tukwila school districts, Tukwila Metropolitan Park District, King County and the SeaTac Community Center, as well as other cities and organizations that can extend their offerings to Tukwila residents such as pubic service organizations, faith -based groups, Starfire Sports and private health and recreation facilities. CONTINUE TO PROVIDE AQUATICS OPPORTUNITIES BY PARTNERING WITH THE TUKWILA METROPOLITAN PARK DISTRICT. The Tukwila Pool is a valued community resource and the City and District should continue their collaboration to offer affordable aquatics options in the city. CONSIDER JOINT PLANNING WITH SCHOOL DISTRICTS FOR PROGRAMMING AND SITE DESIGN OF DISTRICT OWNED SITES. The City should seek increased collaboration with school districts to maximize access to recreation opportunities in Tukwila. STRENGTHEN COMMUNICATION AND COLLABORATION AMONG CITY DEPARTMENTS TO SUPPORT PARKS AND RECREATION. The Parks and Recreation Department and members of the Staff Advisory Group should market the purpose and function of this Plan to other City departments to increase awareness of 4 -12 Tukwila Parks, Recreation and Open Space Draft Plan 62 CHAPTER 4. RECOMMENDATIONS the Plan and build support for park and recreation projects among competing priorities. ALIGN INVESTMENTS TOWARDS STR4 J€TURE WITH CONTRIBUTING PARTNERS WITH DIRECTIVES OF PLAN. The City should closely monitor its role and contributions toward contributing partners of the parks and recreation system. Investments and resources directed from the City should align with expected outcomes and benefits, linking to goals, policies and recommendations of this Plan. IDENTIFY POTENTIAL PARTNERS TO ACQUIRE AND DEVELOP PUBLIC GATHERING AREAS IN THE TUKWILA URBAN CENTER. Develop strategies for public - private partnerships in the Tukwila Urban Center that will result in public open spaces to serve as focal points and settings for special events and activities. Tukwila Parks, Recreation and Open Space Draft Plan 4.13 63 Capital Projects Those improvements that require construction or renovation are capital projects, and will be eligible for different funding options than ongoing operations such as maintenance and programming. Capital projects, grouped by project category, are summarized below and explained in site -by -site detail on Table 5 -1 on page 5 -7. RIVERFRONT PROJECTS There are many different opportunities for recreation along, in and around the Green /Duwamish River Corridor. To make the most of this citywide resource a coordinated, guided effort is needed. The first step in aligning riverfront projects is a Recreation Corridor Plan. This project should bring together the many small projects that have been considered, begun or completed along banks of the Green /Duwamish River. The Recreation Corridor Plan should build on existing recreational, engineering, environmental and transportation planning efforts for the full extent of the river corridor in Tukwila and identify opportunities, specific projects and design treatments that will make the most of each (generally small) site and the connecting trails. The street ends of several local streets fronting the river serve as an existing asset to the system that hold potential for increasing river access. Improvements should include repair and restoration of shoreline habitat. CHAPTER 5. IMPLEMENTATION Riverfront Project Sites Bicentennial Park Black River Trail /Lake to Sound Trail Christensen Road Property Codiga Park Duwamish Gardens Duwamish Hill Preserve Fort Dent Park Foster Golf Links Green River Trail Log House Park Pamela Drive Open Space/ Wilcox River Park Tukwila Community Center Tukwila South Crossing PARTNER SITES Continue and expand critical partnerships with local school districts and other entities. To secure public access, the City should pursue and renew formal agreements and be prepared to make targeted improvements at partner sites if necessary. Expand Partnerships Sites Cascade View Elementary School SeaTac Community Center Showalter Middle School Thorndyke Elementary School Tukwila Elementary School Tukwila Parks, Recreation and Open Space Draft Plan 5 -5 64 CHAPTER 5. IMPLEMENTATION Maintain Partnership Sites Crestview Park Duwamish Park Grandview Off -Leash Dog Park Joseph Foster Memorial /Lee Philips Park Riverton Park Tukwila Pool CONNECTIONS Improve pedestrian and bicycle access through key connections to park and partner sites. Connection Project Sites 152nd Street Open Space/Tukwila Elementary School Black River Trail /Lake to Sound Trail Crystal Springs Park Southccntcr to Soundcr Statior} Southgate Park Tukwila Pond Park Tukwila South Crossing Tukwila South Trail Links Walk and Roll Plan Connections EXPANDED CAPACITY Address the needs for social gathering, organized sports, unstructured play and other facilities by utilizing capacity at the following sites. Expanded Capacity Sites Christensen Rd. Property Codiga Park Crestview Park Crystal Springs Park Duwamish Gardens Duwamish Hill Preserve Duwamish Park Fort Dent Park Joseph Foster Memorial /Lee Phillips Park Macadam Wetlands and Winter Garden Riverton Park Southgate Park Tukwila Park Tukwila Pond Park In addition to expanding existing sites, acquire, design and develop a new park site. New Park Site Ryan Hill Park SUSTAINABLE STEWARDSHIP Make targeted efficiency improvement investments to reduce the cost of operating Tukwila's smallest sites. Sustain the sites that do not otherwise have improvements planned so that they maintain a high quality park experience. While there are more sites that need heightened stewardship, the following are those recommended for prioritization. Efficiency Improvement Sites 57th Avenue South Park 5 -6 Tukwila Parks, Recreation and Open Space Draft Plan 65 Hazelnut Park Ikawa Park Riverton Mini Park Stewardship of Existing Sites Cascade View Community Park Foster Golf Links Macadam Wetlands and Winter Garden P -17 Pond Tukwila Community Center Tukwila Pond Park Table 5 -1: Prioritized Capital Projects, lists the capital projects broken down by the prioritization categories described in the next section. Capital Protect Prioritization As a relatively small and constrained city, Tukwila must carefully prioritize on which projects to spend staff time and capital and operations resources. Some projects are already in motion, with the City making progress on design or construction, while others are awaiting critical actions or conditions to be right to move forward. A structure to identify the set of projects that are ready for a go -ahead decision is described below, recognizing that these projects generally fall into an active, pending or conditional status. ACTIVE PROJECTS Active projects are those that have received all necessary City approvals or CHAPTER 5. IMPLEMENTATION those with an open development application that have begun or are in the process of construction. These projects require community investment in staff time, consulting fees or capital resources. PENDING PROJECTS Pending projects are those that have the support of the City and /or community, but are awaiting a commitment of capital dollars and staff time to move to the next step. The pending projects are often identified projects that have not started yet or projects that have completed some level of design and are awaiting resources for construction or implementation. CONDITIONAL PROJECTS Conditional projects are important to the long -term vision of the park and recreation system but require a major trigger event that is outside of the City's control before they can move forward. These projects may include those that require additional partnerships, agreements or arrangements, or outside funding sources to move forward toward the pending category. Projects in this category may also be dependent on the priorities of another City department. For example, a proposed trail connection along a street may be dependent on the capital planning by the Public Works Department. A special subset of the conditional projects category includes the sites that primarily require ongoing care and stewardship. These sites are conditional in that they are awaiting a change Tukwila Parks, Recreation and Open Space Draft Plan 66 5.7 CHAPTER 5. IMPLEMENTATION prompted by the end of life of a major element (requiring replacement and reconsideration) or a proposal for a change or improvement to the site. Utilizing this structure to sort the list of projects provides a functional working list of the important projects listed in this Plan. Table 5 -1 presents the projects by their status, with indications for the categories the projects fall into and which goals they support. Capital Project Costs In Table 5 -1: Prioritized Capital Projects, the right column reports a planning level cost for the projects at each site.' These costs are drawn from the City's capital improvement program estimates, where applicable, as well as allowances based on the experience of the planning team in similar northwest communities. The planning level costs are not anticipated to be the exact final price of the improvements listed, but rather a reasonable estimate of the amount of resources that should be committed to the project at the preliminary capital project budgeting stage. These numbers and this project list should be considered a precursor to the City's Capital Improvement Program list, which will provide details about the timing and commitment of funding. ' Costs for projects identified in the Walk and Roll Plan are not available due to the varying conditions related to project feasibility. street type, design needs, property ownership and timing. 5 -8 Tukwila Parks, Recreation and Open Space Draft Plan 67 CHAPTER z :wry : ,ww_aa_,a�_ a_ P Traii/Lake ,vaT ea , C ;S Avenue South 00� F aaw_aae !Tukwila School g T k a e Cost \'2 \\ Tuicwilu y«R w d =a Table 54- Prioritized Capita/ Project is CHAPTER 5. IMPLEMENTATION arm+ ItillStAMMAtel '1,A:wan Pofics, Recreelion and Open Space Drtlit Plan Biardbicycle bodge connecting Tokwda -th to Bosco Pa?, in Kent t.see ecorrocrodaton WB1O ;. cc,cocco,„coo,o235571,71WIT:', CBOCIcO, 5-8 Table 5 -It Prioritized Ca CHAPTER a? Tukwila of 441.kReila -r.e.n to ,a ,cscac:e ss:r s::r;nvna =ra�resv -es or.ty to reavte r,+a,n 90 4F dittric:t prow oo accror to (Sort �,acers , rway =r+. 2 Coot ,`00; 302, 5(Y ,041) 2. )4,002 Coot Pamela'sDove O coo River Par it. r MOtdi 'sTh r_'v'te EEevv p of Tukwila s63 015 cress alter school en 7ahetrs 052, 04, S 1 915 St From P EE�t2y Roat', S to 53rd Ave. S 154132 and 54955 Tokwda Intemat anal Blvd and East Margotol Way (9194) Trail through (45`,.(".27 ROW (45 4R6) Smithceoter to Sounder StRRonieaker Rivd.tScuthverrter 8fvd./Longavrrs Way/Minklnr Blvd /RR spar 15 or4r Soutt*eentnr 9137) Tukwila Tukwila Parks, Recreation nod Oee^. Space r,-oH PI Table 5- : Prioritized Capital Project Is CHAPTER T. IMPLEMENTATION mos so3k - - - - Niiiagg&ristardirMIRREMBRIEREMP Tukto Ppfics, Recreation sod Open Spoce Croft Pion 77777777 CHAPTER 5. IMPLEMENTATION Targeted Internal Partnerships Community Development Department Human Services Department Police Department Public Works Department Potential External Partnerships City of SeaTac Parks and Recreation Highline School District Immigrant and Refugee Organizations La Casa de la Raza Tukwila Metropolitan Park District Tukwila School District UTILIZE NEW PROGRAM LOCATIONS Building on the partnership with area schools, Tukwila should continue to explore opportunities to bring programs to the school sites where the youth of the community already attend classes and participate in activities. Further exploration should also be made into utilizing less conventional spaces, such as community service group offices, rented space, and even restaurants and coffee shops to bring existing and experimental programs out into the community and reach new audiences. ESTABLISH GUIDELINES FOR COMMUNITY INITIATED PROJECTS Many enhancements to individual sites have potential to tap into the passion of the community for construction and ongoing maintenance assistance. In order to efficiently harness this enthusiasm, the City should document the expectations for community organized projects and the process and conditions under which they can be approved for City property. INVENTORY UNDEVELOPED LAND To ensure that the City only acquires open space property that serves the purposes laid out in this Plan, an inventory should be prepared of the publicly and privately held undeveloped land. The inventory will help fulfill Goals 3 (Policy 3.6). 4 (Policy 4.2) and 5 (Policies 5.3 and 5.6), allowing the City to make informed decisions when opportunities arise. The purpose of this inventory is to identify the full extent of open space in the community and the potential for development. This inventory should overlay constraints to development, such as steep slopes, wetlands and other factors that would keep the property open regardless of ownership. This will allow the City to properly assess the importance of any potential open space acquisition or donation. Funding and implementation Strategies EXPAND FUNDING FLEXIBILIY The ability to follow opportunities, such as grants and smaller but high impact projects, will be key to the continuing development of the parks system. This flexibility requires the identification of resources that will fund improvements or match grant funding. A key element of the City's current funding strategy is the designation of projects for the use 5 -12 Tukwila Parks, Recreation and Open Space Draft Plan 72 of the Parks Impact Fee funds. The existing impact fees are set based on a very short and specific list of projects. The approximate cost of these projects is split with 80% attributed to new growth and then distributed by an established formula to the per unit fees. Assigning a project to one of the three Using the prioritization criteria discussed previously (active, pending or conditional), the City can shift the specific projects in the impact fee list to categories of improvements (matched to this Plan) that represent citywide benefit and expanded capacity in the Gystcm would allow the use of these This approach would be fees to be more responsive to the opportunity based approach direction of this Plan. The total cost of the impact fee list (and therefore the resulting fees) could be maintained at current levels while still ensuring that the City funds at least a 20% share of the total cost of projects as established in the current ordinance. ENHANCE COMMUNITY RELATIONSHIP BUILDING CAPACITY The importance of community partners, from individual volunteers to school administrations, is a major emphasis in this planning effort. Developing and coordinating this effort is going to require additional staff time and expertise. Beginning with the addition of a stewardship coordinator to manage the volunteer efforts around the forest and river resources in Tukwila, the City can build knowledge of partner organizations, explore ways to connect with new groups of potential volunteers CHAPTER 5. IMPLEMENTATION and manage on- the - ground projects that benefit the system. The next step would be to add or develop this position into a broader focused community relationship manager. MAXIMIZING OTHER CAPITAL PROJECTS At any given time, the City or other agencies are completing a variety of capital projects that are located nearby or even within park sites. For example, new parks or plazas can be designed and developed along with future fire stations. These projects present an opportunity to piggy -back on the mobilization, restoration or even the cost of the project as match funding for grants. For this strategy to be useful, interdepartmental and interagency communication and project planning must be aligned to make sure that the opportunity is identified before it passes. Street, utility and redevelopment projects adjacent to and surrounding park sites should be monitored for the advance signs of action. Tukwila Parks, Recreation and Open Space Draft Plan 5 -13 73 CHAPTER 5. IMPLEMENTATION Future Projects The only certainty that the community can rely on is that the situation will change over the life span of the PROS Plan. Whether it be a new idea emerging from the community or a conditional project moving forward, decision making about how to integrate these projects into the pending and active project list should be guided by a set of evaluative criteria. The following questions provide a starting point for a discussion about how emerging projects should be dealt with, presented in no particular order. Capital and Resource Availability Are there adequate resources to move the project forward and maintain it in the future? Adequate resources should be identified for construction and maintenance needs that align with the type of facilities added. These resources could include a mix of City and other resources such as developer contributions, sponsorships, volunteer labor or private ownership. Projects that have an identified source of funding or support should have priority. Property Availability and Condition Does the City own or have an agreement for use of the project site? The availability or relative difficulty of acquiring an appropriate park site adds complexity to the decision and is closely related to having adequate resources. In some situations the land will be available because it is a condition of approval of a redevelopment. In others the City may need to purchase the land on the open market, a process that can introduce significant cost. The condition of the site should also be a factor, and the site should be free of encumbrances such as environmental issues, limited public access, infrastructure needs, etc. Projects located on sites that are owned or publicly available to the City and are in good condition should have priority. Meeting Identified Needs Will the project fulfill an identified park and/or recreation need? Projects should include facilities that serve the community's needs as identified in goals and policies of the future parks and recreation Comprehensive Plan elements. Projects that improve gaps in park and recreation access should have priority. Completing Connections Does the project improve connectivity to parks and recreation resources? Trails and safe streets are some of the most valued resources in the park and recreation system. Major trails such as the Green River Trail and Interurban Trail form critical community links and connect multiple park and recreation sites to one another. Projects that improve or contribute to connections to parks and recreation resources should have priority. 5 -14 Tukwila Parks, Recreation and Open Space Draft Plan 74 Available Partnerships Does the project have the support of one or more partners? Neighborhood support and Gcorporate and community partnerships will be critical to the development of Tukwila's park system. Projects with one (or more) identified community partners that will assist in the development or maintenance (or both) should have priority. Enhancing/Maintaining Existing Resources Will the project reinvest in an existing park or recreation area? Tukwila has built up an investment in park sites and facilities that should be protected through scheduled capital replacement and improvements as recommended. Projects that address issues or enhance capacity on existing sites should have priority. Supporting Strategic Plan and Comprehensive Plan Goals Can the project support multiple goals found in these plans? The City has an existing policy framework based largely on the Strategic Plan and Comprehensive Plan. These documents outline the long term strategies and desires of the community that each proposal should strive to achieve. Projects that meet as many goals as possible, including those that promote social equity, economic CHAPTER 5. IMPLEMENTATION development, and other related benefits should have priority. Pending or Conditional Is there a condition that needs to be met before the project can move forward? New projects will be added to two parts of the prioritization framework, pending projects or conditional projects. The key to this question is whether or not there is a hurdle that needs to be overcome before the project could be funded to move forward. If there is, the project would be added in the conditional projects list. Otherwise, the project would be pending until action begins. Tukwila Parks, Recreation and Open Space Draft Plan 5 -15 75 Appendix 8, Recreation Programs Matrix SO ganlaatten provides or features pnpamming 4r thb area Tukwila, Parks, Recreation and Open Space Plan 5eeenl prom= provided In Ws paputation kr mwe than one prapen asee Page 8.O 78 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes January 28, 2014 — 5:15 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Joe Duffie, Chair; Dennis Robertson, Verna Seal Staff: Rick Still, Dave Johnson, Laurel Humphrey CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:15 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Parks, Recreation and Open Space (PROS) Plan Staff provided an update to Committee members on the current status of the Parks, Recreation, and Open Space (PROS) Plan. There has been a public comment period since the draft plan was presented to Council in November 2013, and the responses were compiled by the consultant and included in the Committee packet along with proposed solutions to address the comments. The majority of the comments are clarifications and edits that will be included in the final plan. Additionally, three themes that emerged were described as 1) safety and maintenance, 2) neighborhood needs, connection, and buy -in, and 3) clarification regarding references to residents, businesses, and employees. Committee members were comfortable with the proposals, particularly the efforts to clarify that residents have different priorities and needs than businesses and visitors Committee members requested that staff present to the Committee of the Whole a redlined version of the plan accompanied by a more descriptive table that clearly states each revision along with its page number. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Committee members and staff discussed the 2014 Committee work plan items known to date. Additional possible ideas emerged, including the use of hotel sites for temporary housing, exploratory options for a teen center near TIB, use of vans for mobile park /health opportunities, and a briefing on the impacts of the rental housing inspection program. Committee members requested the use of a planning calendar during committee meetings, and the Council Analyst confirmed she is working with staff on such a document, to include updates discussed at tonight's meeting. INFORMATION ONLY. Meeting adjourned at 6:42 p.m. Next meeting: Tuesday, February 11, 2014 Committee Chair Approval Min es by LH 79 80 COUNCIL AGLNDA S Meetins D (lie Prepared / r l'itlio -,- r,Teip Co/oh:// review 02/10/14 BG "/ Al 02/18/14 BG n ordinance 11 fl:g ail(' E Bid /12),,ard ,111:g Dale — Public I kin' 17 .'ifs Odle Other 11/5 CATR;( )RY 11 I) ml:D,Irc 'Ii SP( )NS( )R Council LI )1c,yor LI I IR I) CD LI Finance Dire IT Pc';;R r Police II Pliy SI)( )Nst mes There are four reaches (sections) of the Brisco/Desimone Levee that require repairs in SLNimARy order to provide a 100-year level of flood protection. King County Flood Control District has approved Kent's plan. As two reaches are located in Tukwila, an Interlocal Agreement between Tukwila and Kent is needed that will authorize the work, designate SEPA authority, grant condemnation authority, and allow Kent's contractors to work in Tukwila. Kent will be required to meet Tukwila's shoreline regulations. ITEM INFORMATION OPSIS ITEM No. 3.D. 81 STAH, SP(lNs()R: BOB GIBERSON ORIGINAL A( HA [)_ \ ) \Tr': 02/10/14 AGFN1).\ Litm Tritr, Brisco/Desimone Interlocal Levee Agreement with the City of Kent Li- cussion 02/10/14 ,llotion g Date 02/18/14 E. Resolution ,111: 1),Ite n ordinance 11 fl:g ail(' E Bid /12),,ard ,111:g Dale — Public I kin' 17 .'ifs Odle Other 11/5 CATR;( )RY 11 I) ml:D,Irc 'Ii SP( )NS( )R Council LI )1c,yor LI I IR I) CD LI Finance Dire IT Pc';;R r Police II Pliy SI)( )Nst mes There are four reaches (sections) of the Brisco/Desimone Levee that require repairs in SLNimARy order to provide a 100-year level of flood protection. King County Flood Control District has approved Kent's plan. As two reaches are located in Tukwila, an Interlocal Agreement between Tukwila and Kent is needed that will authorize the work, designate SEPA authority, grant condemnation authority, and allow Kent's contractors to work in Tukwila. Kent will be required to meet Tukwila's shoreline regulations. RiN I I AVI'l ) " LI COW Mtg. E CA&P Cmte n F&S Cmte Ell Transportation Cmte Cmte _ Arts Comm. r Parks Comm. r Planning Comm. COMMITTEE CI IAIR: KATE KRULLER Utilities DATE: 02/03/14 RECOMMENDATIONS: Sir ).:s()R/AtmliN. 0 ),\Imilim Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ENITINDITLRL RI,;QUIR1,11) AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/10/14 02/18/14 MTG. DATE ATTACHMENTS 02/10/14 Informational Memorandum dated 01/31/14 Interlocal Agreement between the cities of Tukwila and Kent Minutes from the April 22, 2013 Committee of the Whole and Special Meeting Minutes from the Utilities Committee meeting of 02/03/14 02/18/14 81 82 City Tukwila Jim Haggerton, Mayor INFORMATIONAL ���������� xn�u ����n�n��n n��n����~ n�n�~n�o��n���x�����n�n TO: Mayor Haggerton FROM: Bob C3ibgrson, Public Works Director /0' I By: Ryan Larson, Senior Program Manager DATE: January 31, 2014 SUBJECT: Brisco/Desimone Levee Project No. 81441202 Interlocal Agreement with the City of Kent ISSUE Approve an Interlocal Agreement (ILA) with the City of Kent for repairs to the Brisco/Desimone Levee. BACKGROUND The Brisco/Desimone Levee is 2.5 miles long and is located along the east side of the Green River between S 180th St in Tukwila and S 200m St in Kent. Both the City of Kent and King County Flood Control District (KCFCD) studied ways to improve the levee and bring it up to 100-year flood protection standards. On February 26, 2013, the KCFCD approved the proposal from Kent to use setback levees that are retained by walls on the landward side and assigned Kent responsibility for design and construction of those improvements. An ILA between Kent and the KCFCD has been executed. Kent's studies have identified a total of four reaches (sections) of the Brisco/Desimone Levee that require repairs in order to provide a 100-year level of flood protection. Reach #1 is entirely within Tukwila, Reach #2 has a small portion within Tukwila, and Reach #3 and #4 are entirely within the City of Kent. A map of the individual reaches is located in Appendix C of the attached ILA. ANALYSIS In order for the City of Kent to perform work in the City of Tukwila, an Interlocal Agreement must be executed that authorizes the work, designates SEPA authority, grants condemnation authority, and allows Kent's contractors to work within the City of Tukwila. Staff from both cities has worked on the draft ILA that allows the City of Kent to act as our agent. The agreement will require Kent to meet Tukwila's shoreline regulations as adopted by Tukwila or through the variance process. FINANCIAL IMPACT KCFCD funding and secured grant funds are expected to cover all costs for the four Briscoe/ Desimone Levee reaches scheduled for repair. No Tukwila funding is anticipated at this time. RECOMMENDATION The Council is being asked to approve an Interlocal Agreement with the City of Kent for repair work to the Brisco/Desimone Levee and consider this item at the February 10. 2014 Committee of the Whole Meeting and subsequent February 18. 2014 Regular Council meeting. Attachment: Interlocal Agreement between Cities of Kent and Tukw la W: PW Eng \PROJECTS\ A- DR Levee (81441202)\ Info Memo ILA °Kent for Deemone-Briscoe Levemdocx 84 INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE CITY OF TUKWILA FOR CONSTRUCTION AND ACCREDITATION OF THE DESIMONE LEVEE THIS INTERLOCAL AGREEMENT is entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington between the City of Kent, a Washington Municipal Corporation ( "Kent ") and the City of Tukwila, a Washington Municipal Corporation ( "Tukwila "). RECITALS A. The Federal Emergency Management Agency (FEMA), the agency responsible for the nation's flood insurance program, has determined that the Green River levees do not have the documentation to be accredited to provide 100 -year flood level protection. B. FEMA is responsible for and is reissuing the Flood Insurance Rate Maps for the Green River Valley. The preliminary map encompasses the cities of Kent and Tukwila and shows a large segment of Kent and Tukwila to be within the 100 -year flood -plain and floodway, even though they are behind existing levees. Properties within the 100 -year flood plain typically must acquire costly flood insurance, are subject to increased development standards, and subject to dramatic devaluation. C. These flood insurance requirements act as a disincentive to development and redevelopment in the Green River Valley. D. Kent and Tukwila share a mutual boundary in an area along the Green River that is protected by the " Desimone Levee." A breach in the Desimone Levee section in Tukwila would inundate properties within both Kent and Tukwila. E. Beginning in 2010, Kent prepared the necessary engineering studies to verify, through FEMA's Conditional Letter of Map Revision process, that the levee segments along the Green River are constructed to federal levee safety standards, and identify any repairs needed in order to meet the standards. The study identified 2 weak portions of the levee system located in the city limits of Tukwila, see Exhibit E. F. Both parties desire to have the necessary repairs made to have the levee meet federal levee safety standards. G. Kent, along with King County, was instrumental in obtaining a $7,000,000 state grant which was awarded to the King County Flood Control Zone District (KCFCD) for Briscoe - Desimone Levee improvements, see Exhibit A. H. The KCFCD passed Resolution FCD2013 -02.2 on February 26, 2013, providing for use of the state grant, providing additional KCFCD funding for the Briscoe - Desimone Levee project, supporting the use of setback levees that are retained by Interlocal with Tukwila - Desimone Levee Page 1 of 6 01/24/14 85 walls on the landward side, and assigning Kent responsibility for design and construction of these setback levee improvements. I. Kent entered into an interlocal agreement with the KCFCD on June 6, 2013, see Exhibit B, relating to the use of state and KCFCD funds, assigning Kent as lead for design, permitting and construction of the Briscoe - Desimone Levee project. Tukwila desires that Kent act as lead agency for permitting, design and river levee construction as well as certification of the Desimone Levee in Tukwila. J. The Briscoe Levee is located along the right bank (easterly side) of the Green River between S. 200th Street and S. 189th Street within Kent, River Mile 17.0 to 15.45. The Desimone Levee is located along the right bank of the Green River between S. 189th Street and S. 180th Street within Tukwila, River Mile 15.45 to 14.3. The location of the Briscoe & Desimone Levees as shown on Exhibit C. K. Because both parties desire to work together for the mutual and overall benefit of their citizens and property owners, Kent shall be responsible for processing and acquiring all permits, except for shoreline permits for work conducted within Tukwila. IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS, PROMISES, AND BENEFITS ESTABLISHED BELOW, THE PARTIES AGREE AS FOLLOWS: AGREEMENT 1. AUTHORITY TO PERFORM NECESSARY STUDIES. Tukwila grants to Kent authority to perform all necessary studies, engineering investigations and all other work necessary to prepare a Letter of Map Revision (LOMR) to accredit the Desimone Levee, as shown in Exhibit E, whose failure would inundate a portion of Tukwila and Kent. Kent will prepare all studies, submit LOMR applications and respond to FEMA questions as needed to complete the LOMR process. Kent will track all costs associated with this work. 2. PERMITTING AND SEPA REVIEW. Kent shall be responsible for conducting SEPA review and for processing all permits necessary to complete the Desimone levee improvements, except for shoreline permits required for work completed in Tukwila, which shall be processed by Tukwila. Tukwila grants Kent the authority to process and acquire permits for Tukwila and to conduct SEPA within Tukwila. 3. AUTHORITY TO PERFORM FINAL DESIGN OF NEEDED IMPROVEMENTS. Tukwila hereby grants Kent the authority to perform all necessary design and acquire necessary permits for needed repairs to the existing levees within the city limits of Tukwila as required to certify the levee and obtain a LOMR from FEMA. Whenever practical, Kent will provide Tukwila design drawings, specifications and cost estimates of needed improvements for Tukwila's review and prior written approval, which approval will not be unreasonably withheld. Interlocal with Tukwila - Desimone Levee 86 Page 2 of 6 01/24/14 4. AUTHORITY TO CONDEMN PROPERTY. Both parties have the authority, under Title 8 of the Revised Code of Washington, to condemn property for the protection of the public by the construction or reconstruction of this levee. Tukwila grants Kent the authority to condemn, or to acquire in lieu of condemnation, property within Tukwila, but only to the extent necessary to construct the levee improvements as evidenced by approved preliminary or final construction plans. 5. CONSTRUCTION OF NECESSARY IMPROVEMENTS. It is anticipated that one or more segments of the Desimone levee will require reconstruction in order to certify that the levee meets FEMA requirements. Tukwila grants Kent the authority to construct any necessary improvements to segments of the Desimone levee that are located within Tukwila; provided, Tukwila shall have the right to inspect all work done for workmanship and compliance with Tukwila's standards and to require corrections when necessary. Tukwila shall be invited to all construction meetings held by Kent. 6. COST SHARING All design, acquisition, and construction costs will be included under this Agreement, provided the location of the wall is consistent with KCFCD Resolution FCD2013 -02.2. Any changes specifically requested by Tukwila that result in cost increases will be paid by Tukwila. Tukwila will provide reimbursement to Kent within thirty (30) days of a request for reimbursement from Kent. Compliance with the Tukwila Shoreline Master Program will not be considered to be a change. The parties expect that all costs for work covered under this agreement will be covered by the state grant, KCFCD funding, or other grant sources. However, in the event any work, including design, property acquisition, permit, and CLOMR work performed after January 1, 2013, is not funded fully by other sources, funds are withdrawn, the project is not able to obtain a variance to the Tukwila Shoreline permit in order to construct the project consistent with KCFCD Resolution FCD2013 -02.2, or cost overruns exceed funding amounts, all work will cease and the two parties will meet to discuss available options to allow the project to move forward. 7. DESIGNATED REPRESENTATIVES. Each party shall designate a representative to meet, confer, evaluate and administer expenditure proposals in connection with these projects. The representatives shall meet as warranted at dates and times determined by them to be most convenient. The representatives are also empowered to designate, identify and develop procedures and processes for their interaction in connection with the administration of the project. 8. INSURANCE. Each party shall be responsible for maintaining, during the term of this Agreement, and at its sole cost and expense, insurance coverage in amounts determined to be sufficient by each party's representative. 9. INDEMNIFICATION. Each party shall defend, indemnify and hold harmless the other party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions of the indemnifying party and its Interlocal with Tukwila - Desimone Levee Page 3 of 6 01/24/14 87 contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of Kent or its contractors, employees, agents, or representatives, and the city of Tukwila or its contractors, employees, agents, or representatives, each party's obligation hereunder applies only to the extent of the negligence of such party or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to Kent or Tukwila, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under industrial insurance, Title 51 RCW, 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. This waiver has been mutually negotiated. 10. RESOLUTION OF DISPUTES AND GOVERNING LAW. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals; provided, however, nothing in this paragraph shall be construed to limit a party's right to indemnification under Section 9 of this agreement. 11. WRITTEN NOTICE. All communications regarding this agreement shall be sent to the parties' respective city clerks at the addresses listed on the signature page of the agreement. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail. 12. ASSIGNMENT. Any assignment of this agreement by either party without the written consent of the other party shall be void. If the non - assigning party gives its consent to any assignment, the terms of this agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 13. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the parties. Modifications to this agreement shall not require approval of the parties' respective city councils. 14. ENTIRE AGREEMENT. The written provisions and terms of this agreement, together with any attached Exhibits, shall supersede all prior verbal statements of any officer or other representative of the parties, and those statements shall not be effective or be construed as entering into or forming a part of or altering in any Interlocal with Tukwila - Desimone Levee 88 Page 4 of 6 01/24/14 manner this agreement. However, should any language in any of the Exhibits to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. 15. COMPLIANCE WITH LAWS. The parties agree to comply with all federal, state, and local laws, rules, and regulations that are applicable to this agreement. 16. COUNTERPARTS. This agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 17. DURATION. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect through December 31, 2023. 18. PURPOSE. The purpose of this agreement is to facilitate the accreditation and construction of needed repairs of the Desimone Levee section because its failure could inundate property within Kent and Tukwila. 19. ADMINISTRATION. Kent shall be the administrator of this agreement, with oversight and assistance provided by the respective named representatives identified in Section 7. 20. OWNERSHIP AND MAINTENANCE OF COMPLETED PROJECT. Upon completion of the project, the responsibilities for maintenance and ownership of the improvements shall revert back to the parties that had the maintenance responsibilities and ownership prior to the commencement of this agreement. 21. TERMINATION. Any party may terminate this agreement, with or without cause, upon providing the other parties not less than 180 calendar days advanced written notice. A party terminating this agreement shall remain responsible for its proportionate share of expenses incurred under this agreement. 22. COPIES OF THE AGREEMENT. Copies of this agreement shall be recorded in King County or otherwise made public in conformance with the Interlocal Cooperation Act. 23. AUDITS AND INSPECTIONS. The records and documents with respect to all matters covered by this contract shall be subjected to inspection, review or audit by the Parties at the requesting party's sole expense during the term of this Agreement and six (6) years after expiration or termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 24. INTERLOCAL COOPERATION ACT. The purpose of this Agreement is to repair the Desimone levee so that it meets federal levee safety standards. This Agreement does not create a separate joint board or other legal or administrative entity. The parties shall hold and dispose of property as set forth in this Agreement. The parties are each responsible for their own finances in connection with this Agreement, and Interlocal with Tukwila - Desimone Levee Page 5 of 6 01/24/14 89 nothing in this Agreement shall be deemed or construed otherwise. The duration of this Agreement shall be ten years from the date of final execution. THIS AGREEMENT WILL TAKE EFFECT ON THE LAST DATE ENTERED BELOW. CITY OF KENT: 220 Fourth Avenue South Kent, WA 98032 By: (signature) Print Name: Suzette Cooke Its: Mayor (title) DATE: Attest: , City Clerk APPROVED AS TO FORM: Kent Law Department CITY OF TUKWILA: 6200 Southcenter Blvd. Tukwila, WA 98188 By: (signature) Print Name: Jim Haggerton Its: Mayor (title) DATE: Attest: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Shelley Kerslake, City Attorney Interlocal with Tukwila - Desimone Levee 90 Page 6 of 6 01/24/14 DEPARTMENT OF ECOLOGY State of Washington EXHIBIT /`i Ecology Grant Agreement No. G1300118 between the State of Washington Department of Ecology and the King County Flood Control Zone District Project: Briscoe ! Desimone Levee Improvements THIS is a binding agreement entered into by and between the State of Washington, Department of Ecology, (PO Box 47600, Olympia, Washington, 98504 -7600) hereinafter referred to as the "DEPARTMENT" or as "ECOLOGY" and the King County Flood Control Zone District, hereinafter referred to as the "RECIPIENT" to carry out the activities described herein as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget. Recipient Name: Recipient Project Coordinator: Telephone Number: e -mail address: King County Flood Control Zone District Water and Land Resources Division 201 South Jackson, Suite 600 Seattle, WA 98104 -3855 Jennifer Rice 206 - 263 -0153 Jennifer. Rice(a�KingCountv.gov Fiscal Contact for Recipient: Katrina Johnston Telephone: 206 - 296 -1963 e -mail address: Katrina .JohnstonaKingcountv.gov Payee on Warrant: King County Flood Control Zone District (address as above) Project Officer for the Department: David Radabaugh SEA Program — NWRO WA State Department of Ecology 3190 — 160`h Avenue SE, Bellevue, WA 98008 -5452 Telephone Number: 425 - 649 -4260 e -mail address: david.radabaughAecy.wa.gov The source of funds provided by the DEPARTMENT are from the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River Briscoe / Desimone Levee. Maximum Eligible 100% State Project Cost: $7,000,000 State Maximum Cost Share Rate: 100% UP TO a maximum State Share of $7,000,000 *. This agreement is effective from January 1, 2013 through June 30, 2015. Page 1 of 24 91 i Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Scope of Work Project Title: Briscoe - Desimone Levee Improvements Description: The project involves improvements to the Briscoe and Desimone levees which are on the right (eastern) bank of the Green River between River Miles (RM) 14.3 -17.00 in the cities of Kent and Tukwila. The Briscoe and Desimone levees are aging earthen levees with over - steepened slopes, a levee crest less than 12 feet wide, and toe scour protection that is generally missing or inadequate. The adjoining river channel lacks adequate in- stream and aquatic edge habitat structure, such as deep pools, large woody debris, and overhanging cover. While originally built to provide flood risk reduction to farmland in the Kent Valley, these aging levees now protect $2.8 billion worth of urban structures and contents. A levee breach or overtopping in this location would have serious implications including threats to public safety, damage to public infrastructure, impacts on the regional economy, and damage to private structures (including homes and businesses). Single -flood damage estimates for a failure of containment by these levees exceed $830 million. The economic disruption to the valley would be measured in years. Businesses with expensive and difficult to relocate or replace industrial machinery are particularly at risk. Because of these significant risks, improvements to this levee segment are a very high priority to the City of Kent and the King County Flood Control District. Work: The scope of this grant agreement focuses on the portion of the levee segment that is between River Mile 15.98 and 16.36. The Recipient shall perform the following work: i Scope of Work Task 1: Project Coordination and Administration The Recipient will coordinate throughout the grant period with Ecology and other federal, state, local agencies, and Indian tribes. In its commitment to provide technical assistance throughout the grant period, Ecology will meet with the jurisdiction to present and discuss approaches to floodplain construction issues before work begins. This Task also covers expenses for the recipient to administer the grant including, but not limited to: contract monitoring; coordinating with the Corps of Engineers, FEMA, the City of Kent, and other parties; internal staff reviews; construction engineering management; etc. Cost: $500,000 State contribution: $500,000 Page 2 of 24 92 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Deliverable: Progress Reports are due quarterly for both years per the matrix that follows; see Special Terms and Conditions, Paragraph 9 for details on progress reporting and page 5 for invoicing information. ' IRe t 06. 011.0, „, ` le iie First Quarter July 1 — September 30 October 30 Second Quarter October 1 — December 31 January 30 Third Quarter January 1 — March 31 April 30 Fourth Quarter April 1 — June 30 July 30 Task 2: Right of Way (ROW) Plans and Property Acquisitions Acquire ROW necessary for project, including 15 foot maintenance easement on the landward side of the constructed flood wall. All properties acquired will be used to enhance the levee system or used in perpetuity for open space purposes only. Restrictions from future development will be placed on the deeds and will be recorded on the titles. See Exhibit C for the restrictive covenant and related documents which shall become part of the acquisition. Ecology shall be in receipt of complete documentation before payment is released for the acquisition. Cost: $400,000 State contribution: $ 0 Deliverable: (Two copies) Acquisition Report to include but not limited to: 1. A map showing the location of properties purchased; 2. List of properties with names / addresses acquired 3. Right of Way plans 4. Acquisition documents for each property including: a. Title Reports b. Appraisals c. Appraisal Reviews d. Environmental Assessments e. Clean Site Certifications f. Closing Statements g. Offer Letters h. Recorded Deeds and Easements with title restrictions in a form approved by Ecology. i. (Digital) photographic documentation of project properties before and after project implementation in sufficient quantity / quality to effectively illustrate project progress / demolition work. Date Due: June 30, 2014 Page 3 of 24 93 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Task 3: Design Plans The Recipient will prepare a detailed set of design plans for construction of an I -beam flood wall that will meet or exceed FEMA accreditation requirements. Cost: $875,000 State contribution: $875,000 Deliverable: (Two copies) Design Plans, signed and sealed by an engineer licensed in the State of Washington and meeting FEMA accreditation requirements.- Date Due: June 30, 2014 Task 4: Project Permits The Recipient will acquire all permits and approvals necessary for project completion in a timely manner and in accordance with the schedule below. This task includes obtaining required federal, state, and local project permits and approvals, as well as preparation of all necessary technical studies, engineering studies, and habitat assessments. If a Letter of Map Revision (LOMR) is necessary, then the Conditional LOMR process shall be utilized. Permit Schedule The following permits have been, or will be, obtained. Permit Activity Work Dates Start End SEPA 2/2013 5/2013 NPDES Construction — Wash. Dept. of Ecology 3/2013 5/2013 Hydraulic Project Approval — WDF &W, if required 3/2013 5/2013 Shoreline Substantial Development 2/2013 6/2013 Shoreline Conditional Use Permit, if required 2/2013 6/2013 Flood Zone Permit, if required 3/2013 5/2013 Other, if required Cost: $25,000 State Contribution $25,000 Deliverable: (Two copies) All Permits Date Due: June 30, 2013 94 Page 4 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Task 5: Construction Project construction will be conducted in accordance with approved plans, specifications, permits, and generally accepted engineering practices. A contractor will be hired to construct the floodwall to meet or exceed FEMA standards for 100 year flood levee certification. Cost: $5,700,000 State contribution: $ 5,600,000 Deliverables: • Two copies: As -built drawings, signed and sealed by a professional engineer licensed in the State of Washington. • Two copies: Final project summary report, signed by the Project Engineer declaring that the project was, to the best of his /her knowledge, constructed and completed in accordance with the construction plans and specifications and generally accepted engineering /construction practice. • Two sets: Digital photographic documentation of the project before and after construction in sufficient quantity to effectively illustrate important phases of construction and project progress. Date Due: June 30, 2015 i Budget Budget Conditions 1. Project Administration: For the administration of this agreement the RECIPIENT must follow the current edition of the Administrative Requirements for Ecology Grants and Loans (Yellow Book). 2. Invoicing: • Grants are awarded on a reimbursable basis. The Recipient initially pays project costs in full. Upon presentation of an invoice to Ecology, Ecology's share of the project is reimbursed to the Recipient. • Expenditures will be monitored by the Ecology Fiscal Office for compliance with the budget (see below). Budget deviations are allowed between tasks (e.g., a grantee may spend less money on one task and more on another), but in no circumstances may the state share of the project cost be exceeded without a prior written amendment When submitting invoices to Ecology, the RECIPIENT shall itemize all costs by task and provide subtotals by task on Ecology's Form C2, Voucher Support Form. All payment requests must have forms A, B, C (and D if applicable), be accompanied by supporting invoicing documents a commensurate progress Page 5 of 24 95 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements report, and receive Ecology Project Officer approval before payment can be released. NOTE: For payment requests, the RECIPIENT must use the Ecology forms contained in the Yellow Book. Otherwise, Ecology will return requests to the RECIPIENT for submittal on the correct forms. • Forms - http: / /www.ecv.wa.gov /biblio /9118A.html • Yellow Book - http: / /www.ecv.wa.gov /biblio /9118.html • The RECIPIENT must maintain complete backup documents including but not limited to all invoiced costs and time sheets - signed and dated by employee and supervisor. The RECIPIENT must keep these expenses in grant files according to budget task for a period of three years after project completion and make them available at any time for inspection by the DEPARTMENT. • Requests for reimbursement must be submitted at least quarterly but not more than once per month by the RECIPIENT on state invoice voucher forms. Financial reports will be submitted 45 days after the quarter closes. The indirect rate must not exceed 25 percent of direct (staff) labor and benefit costs. This rate covers space utilities, miscellaneous copying, telephone, motor pool, janitorial services, records storage, rental, county fiscal and legal services, etc. Items not included in, this list must be reported with the first payment request and must remain consistent for the life of the grant. • Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit ex- amination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under completed or terminated grants.. • Final payment of grant projects is contingent on receipt of viable deliverables as listed in this grant agreement. A final invoice will be submitted 45 days after the final quarter of the grant agreement. 2. Budget (for RECIPIENT reporting and Ecology tracking purposes): The source of funds provided by the DEPARTMENT are from the 2011 -2013 Washington State Legislature, SB 6074, §3009 Capital Budget. State Funding is as follows: Maximum Eligible 100% State Project Cost: $7,000,000 Estimated Costs Page 6 of 24 96 Work Item State Cost KCFCZD Cost Total Cost Task 1 Project Coordination & Administration $500,000 0 $500,000 Task 2 Right -of -way Plans & Property Acquisition 0 $400,000 $400,000 Task 3 Design Plans 875,000 0 $875,000 Task 4 Project Permits 25,000 0 $25,000 Task 5 Construction 5,600,000 100,000 $5,700,000 TOTAL PROJECT COST $7,000,000 ' $500,000 $7,500,000 Page 6 of 24 96 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Special Terms and Conditions AGREEMENT PROVISIONS 1. Compliance with all Laws: The Recipient shall comply fully with all applicable federal, state and local laws, orders, regulations and permits. 2. Restrictions on Lobbying: The Recipient of this agreement Is prohibited from using funds provided by this agreement for lobbying purposes in accordance with the Administrative Requirements for Ecology Grants and Loans, Publication No. 91 -18, current edition, Part III, Section G. i 3. Local Decision: This grant is made in response to a request for financial assistance from the Recipient to undertake flood damage prevention projects. The choice of floodplain management activities addressed by this grant is a local decision made solely by the Recipient. The Recipient is not acting as an agent of the State. 4. Lawsuits: The Department shall not be responsible for any non - contractual damage or inverse condemnation claims resulting from the structures or works constructed, repaired, restored, maintained, or improved pursuant to this grant. 5. Indemnification, Hold Harmless and Duty to Defend a. The Department shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the scope of work. b. This paragraph applies to negligence based claims only. All other claims are governed by paragraph 4 of this section. To the extent the constitution and laws of the State of Washington permit, Recipient shall indemnify, defend and hold harmless the State, its agencies, officers and employees, from all claims, suits or actions brought for any or all injuries to persons or property arising from, or as a consequence of, negligent acts or omissions related to the construction, restoration, repair, maintenance, improvement or operation of the structures or works for which this grant is provided. If the structures or works for which this grant is received are a portion of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that this provision is not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor is it intended to, and it shall not be construed to, confer any rights upon third parties. The Recipient will not be required to indemnify, defend, or save harmless the State, its agencies, officers or employees as provided in the preceding paragraph of this section if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the State. Where such claims, suits, or actions result from the Page 7 of 24 97 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements concurrent negligence of (a) the State, or the State's agents or employees and (b) the Recipient or the Recipient's agents or employees, the indemnity provisions provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the Recipient's negligence or the negligence of its agents and employees. c. To the extent that the constitution and laws of the State of Washington permit, Recipient shall indemnify and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the continued operation, maintenance, or repair of the structures or works constructed, restored, repaired, maintained or improved as a result of this grant. If the structures or works for which this grant is received are portions of an integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that integrated flood protection system; PROVIDED, however, that the indemnity provisions of this paragraph are not intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and they shall not be construed to, confer any rights upon third parties. This agreement applies to all non - negligent, non - contractually based claims including, but not limited to, inverse condemnation, contribution, indemnification, trespass and /or nuisance. 6. Quality Assurance Project Plans (QAPP): IF this project involves the collection of environmental measurement data, the Recipient needs to prepare a QAPP to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating this data. The plan shall be conducted in accordance with the DEPARTMENT's Guidelines for Preparing Quality Assurance Proiect Plans for Environmental Studies , current edition, (Ecology Publication No. 04- 03 -030) available at http: //www.ecv.wa.gov /biblio /0403030.html The plan must describe the monitoring and data quality objectives, procedures, and methodologies which will be used to ensure that all environmental data generated will meet these requirements. The size and complexity of the plan should be cost effective and in proportion to the magnitude of the sampling effort. In developing the plan, the RECIPIENT may also reference Ecology's Technical Guidance for Assessing the Quality of Aquatic Environments, February 1994 (Ecology Publication No. 91 -78), available at http:// www .ecv.wa.gov /biblio /9178.html. The QAPP report shall be limited to a concise description of the environmental measurement aspects of this project. Ecology's Project Officer shall review and approve this plan prior to initiation of work. The QAPP plan may describe the following elements: • Assumptions that direct the collection and analysis; • Resources used (such as flights for aerial photos); • Resource documents that will be consulted; • Field methods employed; • Office methods employed; • Training level of staff involved in,data collection and analysis; • Equipment / materials to be used and accurate calibration assurance. 7. Coordination with Ecology's Geographical Information System (GIS): IF this project involves developing GIS data, the Recipient shall coordinate with Ecology's GIS office Page 8 of 24 98 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements in an effort to promote compatibility and to encourage sharing of geospatial data. To facilitate data sharing, the Department utilizes the following standards: j,.0 0 0 0 & � a?r��? W #�: ��- -Q. !-!���:- .. �` --- -w.. `tf. - -ems `�- J � i^F "-----e �` saw _'resin, ��.,s+�a ".R�(fi.#��y� �. sl F �v°"��.�TT�rF � a..�r=v'�es'sz ESRI's ARC /INFO Current version ESRI's ArcView Current Version Horizontal Datum ( NAD 83 HARN Vertical Datum NGVD 88 Projection System Lambert Conic Conformal Coordinate System WA State Plane Coordinates Coordinate Zone South Coordinate Units Feet Accuracy Standard +/-40 Feet (1:24,000) minimum accuracy to within a foot of the true North American datum system Vector Import Format ArcExport, DLG and /or DXF, shapefiles Raster Import Format TIFF, BIUBIP, RLC,GRID,ERDAS, SID Whenever possible, the Recipient is encouraged to utilize the standards listed above when compiling data. To discuss the usage of other standards, please contact Jerry Franklin at 360 407 -7470; Fax: 360 407 -6902; E -Mail: jfra461@ecy.wa.gov or Dan Saul at 360- 407 -6419; E -Mail: dsau461 Aecy.wa.gov for further data sharing and compatibility information. The RECIPIENT shall submit copies to Ecology's Project Officer with complete documentation as it relates to all digital data, GIS coverages, shape files, related tables and map products. 8. Responsibilities of the Project Coordinator: The Recipient's Project Coordinator shall be responsible for the procedural obligations under this agreement in addition to his /her duty to coordinate the planning effort hereunder. He /She shall cooperate with all parties concerned in every way possible to promote successful completion of the services described in the Scope of Work. 9. Quarterly Reporting Quarterly Reports are contingent on the effective date of the agreement. For timely preparation and review, quarterly reports shall convey essential information in a simple, concise manner through the use of bulleted summary statements, lists, and tables and include the following: a. A comparison of actual accomplishments to the objectives established for the reporting period including a description of issues on fisheries resources; b. For any work related to GIS, designate data standard utilized and associated data documentation. c. Status of project schedule d. Personnel changes e. Any difficulties encountered during the quarter. f. Environmental benefits being achieved by the project Page 9 of 24 99 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Reporting Periods for each year of the agreement dependent on the start date: For Report Contents and Ecology's form: Please visit our website at: http://www.ecv.wa.uov/proorams/seakirants/flooddamageprevention County or City Name Grant No. G1300_ Project Title Task Title Task Number Date 10. Identification of Project Materials - All reports, maps, and other documents published as part of this grant agreement shall carry the name of the RECIPIENT, Ecology's grant number (in the upper right hand corner), title, the specific task number of the product and date centered on the front cover or title page (or in the case of maps, the block which contains the name of the Government unit or Department). 11. Format for Publications and Brochures: Any (hard copy) publications or brochures required as a product of this agreement shall conform to minimum standards of size, 8 -1/2" x 11" white, recycled paper equivalent in weight to 20 Ib. bond, single spaced, printed both sides, no less than 1" margins. Photos, illustrations, and graphs must be of reproducible quality. Any publications or brochures intended for public distribution shall comply with graphic requirements as specified in Ecology's "Publications Handbook ", publication number 91 -41 and any additional specifications as may be outlined in the Scope of Work. 12. Amendments: A "letter" amendment is a written request by the Recipient to extend the project completion and expiration dates provided that is allowed by the grant program . On the approval of Ecology's project officer, the request is then forwarded to the Ecology Budget and Fiscal Offices for processing. A formal amendment is required for a significant change to the scope of work or an increase to the total eligible project cost and is signed by both parties. 13. Minority And Women's Business (MWBE) Participation: The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women -owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction /Public Works 10% MBE 6 %WBE Architecture /Engineering 10% MBE 6 %WBE Page 10 of 24 100 First Quarter (Year 1) July 1 — September 30 October 30 Second Quarter October 1 — December 31 January 30 Third Quarter (Year 2) January 1 — March 31 April 30 Fourth Quarter April 1 — June 30 July 30 For Report Contents and Ecology's form: Please visit our website at: http://www.ecv.wa.uov/proorams/seakirants/flooddamageprevention County or City Name Grant No. G1300_ Project Title Task Title Task Number Date 10. Identification of Project Materials - All reports, maps, and other documents published as part of this grant agreement shall carry the name of the RECIPIENT, Ecology's grant number (in the upper right hand corner), title, the specific task number of the product and date centered on the front cover or title page (or in the case of maps, the block which contains the name of the Government unit or Department). 11. Format for Publications and Brochures: Any (hard copy) publications or brochures required as a product of this agreement shall conform to minimum standards of size, 8 -1/2" x 11" white, recycled paper equivalent in weight to 20 Ib. bond, single spaced, printed both sides, no less than 1" margins. Photos, illustrations, and graphs must be of reproducible quality. Any publications or brochures intended for public distribution shall comply with graphic requirements as specified in Ecology's "Publications Handbook ", publication number 91 -41 and any additional specifications as may be outlined in the Scope of Work. 12. Amendments: A "letter" amendment is a written request by the Recipient to extend the project completion and expiration dates provided that is allowed by the grant program . On the approval of Ecology's project officer, the request is then forwarded to the Ecology Budget and Fiscal Offices for processing. A formal amendment is required for a significant change to the scope of work or an increase to the total eligible project cost and is signed by both parties. 13. Minority And Women's Business (MWBE) Participation: The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women -owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction /Public Works 10% MBE 6 %WBE Architecture /Engineering 10% MBE 6 %WBE Page 10 of 24 100 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Purchased Goods 8% MBE 4 %WBE Purchased Services 10% MBE 4 %WBE Professional Services 10% MBE 4 %WBE Meeting these goals is voluntary and no contract award or rejection shall be made based on achievement or non - achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: a. Include qualified minority and women's businesses on solicitation lists. b. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: f. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub - and /or sub - subcontractors. The total dollar amount paid to qualified firms under this invoice. g. 14. Right to Audit: The Recipient agrees that payment(s) made under this grant shall be subject to reduction for amount charged thereto which are found after audit examination not to constitute allowable costs under this grant. The Recipient shall refund by check payable to the DEPARTMENT the amount of such reduction of payments under com- pleted or terminated grants. 15. Grant Closeout: The end date for this project is June 30, 2015. A grace period of 45 days for all deliverables and invoice vouchers is allowed as stipulated in the scope of work or by the State Office of Financial Management (OFM) through Ecology's Fiscal Office. 16. All Writings Contained Herein: This agreement, the appended "General Terms and Conditions ", and the Department's current edition of "Administrative Requirements for Ecology Grants and Loans" contain the entire understanding between the parties, and there are no other understandings or representations except those set forth or incorporated by reference herein. No subsequent modification(s) or amendments to this Page 11 of 24 101 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement; EXCEPT a letter amendment will suffice to extend the period of performance as set forth on the page 1 of this grant agreement. IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: State of Washington Department of Ecology King Count _lood Control Zone District Gordon White Program Manager Shorelands and Environmental Assistance Program Date Signature, Authorized Official Date Print Na'fne of Authorized Official Approved as to form only by Title of Authorized Official The Assistant Attorney General 102 Page 12 of 24 (Note: Insert additional signature blocks(s) and/or pages if more than one signature block is required) Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Appendix A: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT'S employees. The RECIPIENT shall only use contractor /consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEEICONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally - funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. Page 13 of 24 103 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he /she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and /or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A- 133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. Page 14 of 24 104 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans ", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty- five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10 %) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.S. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and /or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and /or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state Page 15 of 24 105 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200 -212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans ", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land /or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing Page 16 of 24 106 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov /sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12 %) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Page 17 of 24 107 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his /her personal interest or the interest of any corporation, partnership or association in which he /she is, directly or indirectly interested; nor shall he /she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans "; and (e) the General Terms and Conditions. SS -010 Rev. 04/04 108 Page 18 of 24 Flood Agreement No G1300118 between the Washington State Department of Ecology and the King Count Flood Control Zone District Project: Brisuoe/Desimune Levee Improvements Appendix B: Site Map - Detail scoe{euinone evee Improvement Project Area Kent tr,mi or othity ��rnn Page 19 of 24 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Appendix C: Comprehensive Map (Briscoe — Desimone Levee: No. 1 red circle below) Cili . lk- f _t.2,-s Fund,- 9 Page 20 of 24 110 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Appendix C: Restrictive Covenant Boilerplate for the Green River Levees Restrictive covenant for the City of Upon recording return to: Project Manager: Department: City: Address: Restrictive Covenants Tax Lot # Notice is hereby given that the property acquisition, hereinafter referred to as the " " property, more particularly described in Exhibit "A," is subject to the use restrictions listed below. The purpose of these restrictions is to prevent this land from future development and to ensure that the property will be used to enhance the Green River Levee system in perpetuity while allowing public access. These restrictions are a condition of the grant funding appropriated by the Department of Ecology as authorized by the 2012 Washington State Legislature, Supplemental Budget Bill, ESB 6074, §3009 of the Capital Budget to improve the Green River Briscoe / Desimone Levee that protects communities in the Lower Green River Valley from flooding and are enforceable by Ecology. Uses of the property are restricted as set forth below. These restrictions and obligations are intended to run with the land and shall be binding on the city of , its heirs, successors, and assigns: 1) Enhancing the Green River Levee to protect the Lower Green River Valley from flooding; 2) Maintaining vegetation and providing new native vegetation as necessary to prevent levee erosion and to manage the growth of non - native exotic species (such as Reed Canary grass, purple loosestrife, etc.); 3) Allowing for inspection, maintenance, repair, and necessary reconstruction of the levees; 4) Allowing for levee access ; 5) Maintaining and improving the levee system for the enhancement of fish and wildlife habitat; 6) Providing for open space as deemed appropriate; and 7) Restricting acquisition areas from future development other than required for levee improvements. Legal Description of Acquisition Area, is attached as Exhibit "A" Page 21 of 24 111 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements In witness whereof, the City of has executed this document this 20 , at (city), Washington. CITY OF Signature, Authorized Official Print Name of Authorized Official Title of Authorized Official day of STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that (name) is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Page 22 of 24 112 Flood Agreement No. G1300118 between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Restrictive Covenants Exhibit A: Legal Description of Acquisition Area Page 23 of 24 113 Flood Agreement No. G1300_ between the Washington State Department of Ecology and the King County Flood Control Zone District Project: Briscoe / Desimone Levee Improvements Appendix D: Status of Property Acquisitions for the Levee Project For Quarterly Reporting in accordance with Ecology Grant 1) A map showing the location of each property purchased; 2) Right of Way plans 3) Acquisition documents for each property including: Property Acquired GPS Location Location on Map Title Report Appraisal Appraisal Review Environmental Assessment Clean Site Certification Closing Statements Recorded Deed With Covenant Digital Photos Name Include Include Date Date Date Date Date Date Date include Page 24 of 24 EXHIBIT B AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Briscoe — Desimone Levee River Mile 14.3 to 17.0, Right Bank THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE ( "Agreement ") of the Briscoe — Desimone Levee, River Mile 14.3 to 17.0, Right Bank ( "Levee ") is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation ( "City "), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi - municipal corporation of the State of Washington ( "District ") (collectively, the "Parties "). RECITALS A. King County, Washington, through the Water and Land Resources Division of the King County Department of Natural Resources and Parks ( "WLRD "), as service provider to the District pursuant to an interlocal agreement with the District, operates and maintains a major portion of the Green River Levee System. B. The Briscoe - Desimone levee ( "Levee ") is a key part of the Green River levee system. The District Board of Supervisors desires to improve the Levee by constructing new floodwalls at four sites, known as Reaches 1, 2, 3 and 4, described and shown in Exhibit A (Sheet 1 of 4 and Sheet 3 of 4). The four floodwall projects will hereafter be referred to individually as "Reach "X" Project" or "Reach Project," and collectively as "Levee Project," "Levee Reaches," or "Reach Projects." The Levee Project is planned for construction from 2013 through 2015. The Reach 3 Project will be constructed first, beginning in 2013. C. Based on a collaborative effort, presentation and request to the State Legislature in the 2012 Legislative Session, the Legislature passed ESHB 6074 relating to the 2011 -2013 State Capital Budget. Section 3009 of ESHB 6074 appropriated $7,000,000 to the District for the "Briscoe - Desimone levee improvement project ". This amount was based on the City's estimated cost to construct the Reach 3 Project in order to meet National Flood Insurance Program accreditation standards, and allow the Federal Emergency Management Agency ( "FEMA ") to verify compliance with such accreditation standards. Unless the State Legislature reappropriates the funds into the 2013 -2015 biennium, the appropriation will need to be expended prior to June 30, 2013 D. Using ESHB 6074 funds, the District desires to authorize and the City desires to construct the Reach 3 Project as soon as possible, in order to provide for the safety of the residents and businesses that will be protected by this levee. 1 EC approved (RB -RK) 115 E. By Resolution FCD2013 -06, adopted on April 29, 2013, the District Board of Supervisors authorized the Chair of the Board to enter into a Grant Agreement (No. G1300118) with the state Department of Ecology relating to the use of the $7,000,000 for the Reach 3 Project ( "DOE Agreement "). The DOE Agreement estimates that the cost of the Reach 3 Project will be $7,500,000, with a maximum grant amount of $7,000,000 and a maximum District contribution of $500,000. F. By Resolution FCD2013 -02.2, adopted on February 26, 2013, the District Board of Supervisors declared its intent to address urgent flood risk reduction needs throughout King County and to work cooperatively with Green River cities to manage flood plain resources. In this Resolution, the District Board of Supervisors also approved funding for the Levee Project under certain conditions and requirements to be satisfied by both the City and the District G. In Resolution FCD2013 -02.2, the District Board of Supervisors did not specify a maximum funding for the Levee Project. During the District Board of Supervisors' discussions of this Resolution, the City stated that the estimated cost of the Levee Project would be $17,000,000. The District Board of Supervisors required changes to the design of the Levee Project floodwalls and called for additional setbacks for the Reach 1 levee. The City also stated that the required design change would add an additional $1,000,000 to the Reach 1 Project cost, resulting in a total cost of $18.000,000 for the Levee Project. H. After adoption of Resolution FCD2013 -02.2, the City revised its estimate for construction of the Levee Project to $18,500,000. The District has not reviewed or analyzed this City estimate. I. The Parties desire to enter into this Agreement to establish the terms and conditions for the Levee Project, and for all four Reach Projects. J. By Motion FCD11 -02.1, adopted on July 6, 2011, the District Board of Supervisors adopted certain levee maintenance and repair standards and requirements and addressed countywide flood protection levels, levee accreditation and certification. This Motion is applicable to the Levee Project, to the extent that the Motion is consistent with Resolution FCD2013 -02.2. AGREEMENT Based upon the foregoing, the Parties agree as follows: 1. Incorporation of Recitals —Scope of Agreement. All recitals above are hereby incorporated and ratified as part of this Agreement. This Agreement establishes the terms and conditions for design, construction, installation, operation, maintenance and repair of irnprovemnents to the Levee and its four Reaches, as those terms are defined in the recitals above. EC approved (RB -RK) 116 2 2. Definition of District. Unless provided otherwise in this Agreement, the term "District" hereinafter also shall include WLRD in its capacity as service provider to the District. 3. Interlocal Agreement with Tukwila. The City of Kent shall enter into an agreement with the City of Tukwila to act as lead agency for all work within the City of Tukwila. 4. Levee Design, Construction and Reimbursement. a. The City shall design, construct and install the improvements to the Levee Project and the four Reach Projects described and depicted on Exhibit A, attached hereto and incorporated herein by reference in accordance with this Agreement, the DOE Agreement ", and District Resolution FCD2013 -02.2 ( "Resolution ") (the Resolution is attached as Exhibit B, which is incorporated herein by reference), as supplemented by the terms and conditions of Attachment A to Exhibit B, attached hereto and incorporated herein by reference. By executing this Agreement, the Parties acknowledge receipt and review of the DOE Agreement. b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals for the Levee Project, and shall fully comply with all applicable requirements and conditions thereof. c. The Parties acknowledge and understand that at the effective date of this Agreement, most but not all of the estimated cost of the Levee Project is included in the District's 2013 -2018 Six -Year CIP, most but not all of the estimated cost of the Reach 3 Project is included in the District's 2013 Budget, and the estimated cost of the Reach 1, 2 and 4 Projects is anticipated to be included in the District's budgets for 2014 and thereafter. The District's obligation and responsibility to provide funding for the Levee Project, including all four Reach Projects, is conditioned upon appropriation by the District Board of Supervisors of sufficient funds to finance the Levee Project and the four Reach Projects, including the Reach 3 Project in the 2013 and 2014 calendar years. If the District Board of Supervisors fails to appropriate expenditures in a District budget to reimburse the City for costs and expenses related to the Levee Project or any of the four Reach Projects, the District reserves the right to terminate this Agreement, and the City shall immediately terminate work on any and all Reach Projects; provided, that until substantial completion of a Reach Project, the District shall continue to accept and review City requests for reimbursement up to the amount of funds appropriated in an approved District budget and still available for reimbursement under the DOE Agreement or this Agreement. d. The City's cost and expense for the Levee Project improvements shall be reimbursed pursuant to the procedures, requirements and restrictions of paragraph 13 below. e. The City shall obtain and convey to the District or King County any necessary easements for design or construction of or access to the Levee in the form of the standard River Protection Easement in Reference 8 -P to the King County Surface Water Design Manual. These 3 EC approved (RB -RK) 117 easements shall include all of the improvements designed and built under this Agreement; all areas necessary for any temporary erosion control measures; a 15 -foot maintenance /inspection corridor along the landward side of these areas; and suitable access for heavy equipment to reach all of these areas from the public roadways. All of the easements required for construction of any floodwall segment in Reaches 1 through 4 must be approved, accepted and recorded by the District before commencement of construction of such floodwall segment. The City also shall obtain and convey to the District or King County all restrictive covenants as required by the DOE Agreement for the Reach 3 Project, and as required by other state of Washington Department of Ecology agreements that provide funding for the other Reach Projects. 5. Levee Maintenance, Operation and Repair Standards. The District shall operate, maintain and repair the Levees in accordance with this Agreenient, which includes Exhibit C, attached hereto and incorporated herein by reference, and with District general standards, requirements and policies for operation, maintenance and repair of Green River levees, as these are determined and applied by the District, provided that: a. The District shall not be obligated to operate, maintain and repair a Levee if FEMA does not approve a risk -based approach to operation, maintenance and repair of the Levee; and b. If the total cost of Levee operation, repair, and maintenance in the project area shown on Exhibit A exceeds the sum of average annual costs for the Green River levee system over the number of years this agreement has been effective, the City shall cover all costs and expenses in excess of the average. For this purpose, the average annual cost is $95,000 per levee mile per year in 2013, to be adjusted for inflation each year thereafter. The District will provide the City with an annual report of operation, repair, and maintenance costs incurred in the project area. 6. District Review of Levee Plans and CLOMR Applications. The City shall provide to the District a schedule of the material and significant events and actions for design and bidding of each Reach Project, which events and actions shall include, but not be limited to, three design stages and the invitation to bid. The City shall submit plans and specifications for each of these three design stages to the District for review and comment. For all Levee Reaches, at least thirty (30) days before advertising an invitation to bid, the City shall submit to the District for review and comment the plans, specifications and requirements of the invitation to bid and the application (with attachments and exhibits) for a FEMA Conditional Letter of Map Revision ( "CLOMR "). The District shall submit any comments within thirty (30) days of receipt of the documents. 7. Additional Activities. The District will provide enhanced monitoring of the Levee through slope stability instrumentation, and the District may seek reimbursement of the cost of such monitoring from State of Washington funding. EC approved (RB -RK) 118 4 8. District Inspections. The District shall have the right to inspect the City's construction of the Levee Project. 9. Contracts for Levee Work. Upon execution of a contract for construction of .a Reach Project, the City shall send a copy of the contract to the District. 10. Record Drawings; Retention and Review of Documents. The City shall submit to the District record drawings for each Reach Project, in a form and with detail required by the District. The City agrees to maintain documentation of all planning, design, construction and inspection of all Reach Projects sufficient to meet state audit standards for a capital project, recognizing that the costs of the Levee work are paid for in whole or in part by City, District and State of Washington funding sources, and that the City, the District and/or King County may seek recovery of costs expended from other governmental funding sources. The City agrees to maintain any additional documentation that is requested by the District. City contracts and internal documents shall be made available to. the District for review and/or independent audit upon request. 11. Access; Special Use Permit. To the extent that the District's or King County's property interests require and allow, the City shall follow the District and/or King County processes for obtaining, as applicable, special use permits, consistent with King County special use permit procedures and standards, and shall obtain such permits for any City access to and construction and inspection work on the Levee. The District shall waive any applicable bond requirements. If Levee Project work involves access to and use of real property for which neither the District nor King County has real property interests or rights, the City shall be responsible for obtaining real property rights sufficient for City access to and construction and inspection of such Levee Project work, and District and WLRD access to and maintenance, operation and repair of the Levee. 12. District Costs and Expenses. a. The total cost to the District of the four Reach Projects shall not exceed $11,000,000, of which the District's maximum contribution toward the Reach 3 Project shall be $500,000. b. For the Reach 3 Project, the District shall seek reimbursement from the State of Washington funding under the DOE Agreement or from the District's maximum contribution of $500,000 toward the Reach 3 Project. The District reimbursement shall be for all actual costs and expenses incurred by the District as of January 1, 2013 to review Reach 3 Project design and construction documents and to inspect the Reach 3 Project work. c. For Reach Projects 1, 2 and 4, the District shall seek reimbursement from the District's maximum contribution of $10,500,000 toward Reach Projects 1, 2 and 4, for all actual 5 EC approved (RB -RK) 119 costs and expenses incurred by the District as of January 1, 2013 to review Reach Projects 1, 2 and 4 design and construction documents and to inspect the Reach Project work. d. For King County employees providing the services to the District described in subsections b and c above, the actual costs shall include salaries, employment benefits and administrative overhead. 13. Reimbursement of City Expenditures. a. No more than once a month, the City shall submit requests for reimbursement of City costs and expenses incurred on or after January 1, 2013 for design, right -of -way acquisition, construction and inspection of the Reach Projects. The requests shall be in a form and shall contain information and data as is required by the District. b. For the Reach 3 Project, the District shall review the requests to confirm that they are reimbursable and payable under the DOE Agreement and this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. For reimbursement amounts approved by the District and paid for under the DOE Agreement, the District shall send a request for such reimbursable amounts to the appropriate State department for review and approval, up to a maximum of $7,000,000. Within thirty (30) days of receipt of State funds, the District shall forward the State funds to the City. For requests that are not reimbursable and payable under the DOE Agreement, the District shall endeavor to review such requests within thirty (30) days of receipt of the request, in order to determine whether they are reimbursable and payable under this Agreement. Any approved additional reimbursement shall not exceed a total of $500,000, less any funds paid to the District under this Section 13, without prior authorization from the District. If there are funds remaining from the DOE grant subsequent to construction, the District shall submit a request to DOE to utilize those funds on Reaches 1, 2, and/or 4. The District shall forward the approved reimbursement to the City within forty -five (45) days of the City request. c. For Reach Projects 1, 2 and 4, the District shall review the requests to determine whether they are reimbursable and payable under this Agreement. The District shall endeavor to complete such review within thirty (30) days of receipt of a request. Any approved reimbursement shall not exceed a total of $10,500,000, less any funds paid to the District under Section 12.c., without prior authorization from the District. The District shall forward the approved reimbursement to the City within forty -five (45) days of receipt of the City request. d. The District may postpone review of a City request for reimbursement where all or any part of the request is inaccurate or incomplete. The District shall notify the City of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall provide the requested information or data within thirty (30) days of the request for such 6 EC approved (R6 -RI<) 120 information or data. If the request is still inaccurate or incomplete in the opinion of the District, the dispute shall be resolved in accordance with paragraph 22 below. After resolution of the dispute, the District shall send a request for reimbursement to the appropriate State Department or provide reimbursement as provided in this section 13. 14. Levee Warranty. The City shall warrant the materials, work and function of a Reach Project for five (5) years after the City's acceptance of construction of the Reach Project. 15. Compliance with Laws and Regulations. The City shall be responsible for compliance with all applicable laws and regulations, and obtaining all required permits, approvals and licenses in connection with a Reach Project. 16. Impact on Other Reaches or Segments. The District and the City agree that the improvements to the Levee under this Agreement should not have a detrimental effect on other segments or reaches of the Green River levee system. The improvements to the Levee shall be deemed not to have such a detrimental effect where the improvements fully protect the conveyance capacity and storage volume of the floodplain during base flood (100 -year flood) conditions, as demonstrated by compliance with King County flood hazard regulations, which are Sections 21A.24.230 through 21A.24.260 of the King County Code. 17. Duration. This Agreement shall take effect on the date on which the second party signs this Agreement, and shall remain in effect for thirty (30) years from the effective date. 18. Third Parties. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability to the City, the District and /or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW, or as otherwise granted or provided for by law. 19. Liens and Encumbrances. The City acknowledges and agrees that it will not cause or allow any lien or encumbrance arising from or related to the Levee work authorized by this Agreement to be placed upon the real property interests of King County and the District. If such lien or encumbrance is so placed, King County and the District shall have the right to remove such lien and charge back the costs of such removal to the City. 20. Indemnification. To the maximum extent permitted by law, the City shall defend, indemnify and hold harmless the District and King County, and all of their officials, employees, principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design and construction of the improvements to the Levee under this Agreement. As to all other obligations under this Agreement, to the maximum extent permitted by law, each Party shall defend, indemnify and 7 EC approved (RB -RK) 121 hold harmless the other Party, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any .negligent acts, errors or omissions of the indemnifying Party and its contractors, agents, employees and representatives in performing these obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the District or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party's obligation hereunder applies only to the extent of the negligence of such Party or its contractor or employees, agents, or representatives. This indemnification provision shall not be construed as waiving any immunity granted to the City, the District, or King County, under state statute, including chapters 86.12 and 86.15 RCW, as to any other entity. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCW, 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. This waiver has been mutually negotiated. 21. Insurance. Each Party recognizes that the other is self - insured and accepts such coverage for liability arising under this Agreement. Should any Party choose not to self - insure, that Party shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party with a certificate of insurance and additional insured endorsement that will name the other Party as an additional insured. 22. Dispute Resolution. The Parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements or payments, as provided for in paragraph 13 above, submittal of all relevant information and data to an independent Certified Public Accountant and /or a Construction Claims Consultant, if agreed upon by the Parties, for a non- binding opinion as to the responsibility. b. If the foregoing does not result in resolution and for all other disputes, the Parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County, Washington. c. Each Party will be responsible for its own costs and attorney's fees in connection with the dispute resolution provisions of this paragraph 22. EC approved (Ra -R11 122 8 23. Entire Agreement; Amendment. This Agreement, together with its Exhibits A through D, represents a full recitation of the rights and responsibilities of the Parties and may be modified only in writing and upon the consent of both Parties. Should any conflict exist between the terms of this Agreement and the terms of the Exhibits, this Agreement shall control. 24. Binding Nature. The rights and duties contained in this Agreement shall inure to the benefit of and are binding upon the Parties and their respective successors in interest and assigns. 25. Notices, Communications and Documents. All communications and documents regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party gives notice of a change of address. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the address state below or such other addresses as may be hereinafter specified in writing. 26. Authority. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. CITY OF KENT EC approved (RB -RK) KING COUNTY FLOOD CONTROL ZONE DISTRICT may r Its: Board Chair DATE: 5 , APPROVED AS ;r(d. FORM:: 9 By: 123 EXIHIBIT A Sheet 1 of 4 Description of Briscoe - Desimone Levee Improvements The Briscoe - Desimone Levee is located along the right bank (easterly side) of the Green River between S. 200th Street and S. 180th Street, (see Figure 1, Exhibit A Sheet 2 of 4). The Briscoe levee is located along the right bank of the Green River between S. 200th Street and S. 189th Street within the City of Kent. The Desimone levee is located along the right bank of the Green River between S. 189th Street and S 180th Street in the City of Tukwila. Together these levee segments are approximately 2.7 miles in length and protect properties within the cities of Kent, Tukwila and Renton. Tilt -up style buildings (manufacturing and industrial) are located adjacent to the entire stretch of levee. Four sections (reaches) of the levee, approximately 4,450 linear feet, don't meet slope and stability requirements and need repair to meet FEMA accreditation requirements. Reach 1 is located between RM 14.47 and 14.63 and totals 1,050 If. Reach 2 is located between RM 15.45 and 15.57 and totals 8501f. Reach 3 is between RM 15.98 and 16.36, totaling 2,3501f, and Reach 4 is between RM 16.95 and 17.00 and totals 2001f. Reaches 1, 2 and 3 are on the outside of sharp bends in the river and Reach 4 is just north of the S. 200th Street Bridge. Structural steel sheet pile walls are proposed to be installed at the back of the existing levee slope to act as a secondary levee to reduce flood risk to the cities of Kent, Tukwila and Renton and protect the large number of warehouses, manufacturing facilities and some retail establishments behind these levees. These areas are shown on Figure 2, Reach Location Map (see Exhibit A Sheet 3 of 4). In addition, large stumps and roots will be removed in areas between the four reaches along the levee where they could compromise levee stability and/or are in the construction project area. The walls will provide a minimum of 3 feet of freeboard above the predicted 100 -year flood event, (see artist rendering Exhibit A Sheet 4 of 4). This proposal allows for some re- vegetation and habitat restoration work along the river between the ordinary high water line and the trail in areas where the wall is constructed. In areas where walls are installed, benches will be constructed where feasible and native vegetation will be planted above the ordinary high water line. EC approved (RB -RK) 124 10 S 200TH ST BRISCOE DESIMON- LIEVE- , i j S 208TH 1 !" - , ( --...„. 1 i----/\ 4 Z 'I....." CZ 7 < 0 / - ( V 1 Z VI' 0 7 D: C0 •,si , ,.•1 (6— di 44 -, ENG1NE.E.M1,124 DEPARTMENT CITY OF KENT JKE'NT DR61p1(14 SCALE 1PT 20 SCALE w6n6”ta,ro,/ APPROVED, FIGURE 1 VICINITY MAP RRISCOE DESI1,40NLT LEVEE „ATE _ 10-10-12 C , 6.6 6\03-361i 0E66„166F, '166.1LS \ ■1,6\0E.P0\16,10 dy,0 10610/016 2 1:26 25 ;71 125 S 1 OTH ST 0) TUKWILA LEVEE S l9Oth ST REACk 2 LjJ S 196th ST N y- -4 A • y, 126 NiGiNEERING OF:PARTHENT CITY OF KENT APPROVED ^I, FIGURE 2 LOCATION MAP EMSCOL DESIMONE LEVEE GAO: ar./ I DE SIMONE \ SEP 1:VIW2012 i• PROPOSED RIPARIAN ZONE PROPOSED PLANTING BENCH PROPOSED SHEET PILE FLOOD WALL BRISCOE-DESIMONE LEVEE ARTIST'S RENDERING 128 King bounty KING COUNTY Signature Report February 26, 2013 FCD Resolution n6-0;:y P 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 Proposed No. FCD2013 -02.2 Sponsors 1 A RESOLUTION relating to the Briscoe - Desimone levee on the 2 Green River; initiating a comprehensive planning process and 3 providing funding for the Briscoe- Desimone levee project on 4 certain conditions. 5 WHEREAS, public safety is the highest priority for the allocation of King 6 County Flood Control Zone District ( "District ") funds; and 7 WHEREAS, the District seeks to address urgent flood risk reduction needs 8 throughout King County; and 9 WHEREAS, the Green River valley is home to over 100,000 jobs, contains one 10 of the largest warehouse and distribution complexes in the nation, has an annual payroll 11 of $2.8 billion (one- eighth of the gross domestic product of the state of Washington) and 12 accounts for annual taxable revenue of over $8 billion; and 13 WHEREAS, Policy G -13 of the 2006 King County Flood Hazard Management 14 Plan, which has been adopted by the District as its comprehensive plan ( "District's 15 Comprehensive Plan "), states that King County and the cities and towns therein should 16 work cooperatively to manage floodplain resources; and 17 WHEREAS, Policy G -9 of the District's Comprehensive Plan states that King 18 County's rivers and tributaries and their associated floodplains should be managed for 19 multiple, and sometimes competing, uses and objectives; and 1 129 FCD Resolution 20 WHEREAS, the Briscoe - Desimone levee on the Green River is located between 21 South 180t11 Street and South 200th Street in the cities of Kent and Tukwila ("Briscoe - 22 Desimone Levee "); and 23 WHEREAS, in 2012 the Washington state legislature awarded to the District a 24 grant of $7 million for the Briscoe- Desimone Levee project; and 25 WHEREAS, the District hired an expert third party ( "Third -Party Reviewer ") to 26 review two alternative designs for the Briscoe- Desimone Levee improvements; and 27 WHEREAS, the Third -Party Reviewer has expertise in analyzing the stability of 28 I -walls and levees, and served on national independent review panels for levee failures in 29 the state of Louisiana following Hurricane Katrina and on review panels for the 30 Sacramento -San Joaquin Delta in California; and 31 WHEREAS, on January 29, 2013, the Third -Party Reviewer submitted to the 32 District a report of his analysis and findings, entitled "Expert Engineering Independent 33 Third -Party Review, Briscoe - Desimone Levee Design, Green River Basin, State of 34 Washington" ( "Report"); and 35 WHEREAS, on January 23 and February 7, 2013, the Third -Party Reviewer gave 36 a presentation of his analysis and findings to the District executive committee, which 37 considered the presentation, the Report and comments from the public, including 38 comments by King County, the city of Kent, and interested organizations; and 39 WHEREAS, based on the District's Comprehensive Plan, the Report, and 40 reports, information and data prepared by District staff, consultants and contractors, the 41 Board of Supervisors of the District desires to select one of the two alternative designs 2 130 FCD Resolution 42 for the Briscoe - Desimone Levee improvements and to authorize funding for the Briscoe- 43 Desimone levee; now, therefore 44 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING 45 COUNTY FLOOD CONTROL ZONE DISTRICT: 48 SECTION 1. The District will initiate a comprehensive planning process, such 47 as the United States Army Corps of Engineers' System -wide Improvement Framework, 48. after accepting at an executive committee meeting the information provided about the 49 scope, anticipated staff time and estimated costs. Issues to be studied should include, but 50 are not limited to, the following: 51 A. Safety and levee heights; B. Economic objectives; C. Environmental objectives; 54 D. Howard Hanson Dam risk assessment; .55 E. Land use; S6 F. Operations and maintenance; and 57 G. FEMA levee accreditation. 53 5 SECTION 2. The District will execute a grant agreement with the state of S9 Washington for the $7 million grant award for the Briscoe- Desimone levee project as 60 soon as possible. '61 SECTION 3. The District will provide funding for the Briscoe- Desimone ;62 levee project designed using setback levees that are retained by walls on the landward 3 131 FCD Resolution 63 side at the four outside bends of Green River between South 200th and South 180th 64 Streets in the Cities of Kent and Tukwila and incorporating the conditions and 65 responsibilities of this Resolution. 66 .SECTION_ 4. For the Briscoe- Desimone levee project, the District supports the 67 use of setback levees that are retained by walls on the landward side. The following 68 conditions must be met: 69 A. The design and installation of the Briscoe Desimone levee project shall be 70 consistent with applicable state and federal regulations and standards, including but not 71 limited to the state Shoreline Management Act, the federal Clean Water Act, and state 72 water quality standards, and shall receive all necessary local, state, and federal permits. 73 B. The top of the setback levee retaining wall shall be consistent with the height 74 of the adjoining levee sections. 75 C. The city of Kent's ( "City ") responsibilities and conditions in relation to the 76 Briscoe- Desimone levee project are as follows: 77 1. The City, or its engineering consultants, shall submit to the District a 78 plan to provide for resiliency of the landside levee and wall in the event of overtopping. 79 The plan should include identification of the areas that are most susceptible to erosion, 80 such as the base walls and valleys on the landside slopes of Briscoe - Desimone Levee at 81 the bends. 82 2. The City shall reduce and mitigate the potential for erosion. The City, 83 or its engineering consultants, shall identify permanent or temporary strategies to 84 minimize erosion in these locations of potential erosion. 4 132 FCD Resolution 85 3. If the City uses temporary erosion control measures, such as 86 sandbags, the City must commit to paying for and having on hand the materials and 87 necessary equipment to install the temporary measures in the event of over - topping. 88 4. Where the bases of the walls encroach on private property and the 89 erosion forces are more significant, the City shall obtain any necessary easements for 90 design or construction of or access to the Briscoe - Desimone levee. 91 5. The City shall move the setback wall back from the toe of the existing 92 levee in the northernmost setback segment near the West Valley Highway, consistent 93 with the alternative of the GEI report prepared for the City and dated 2012. 94 6. Prior to release of District funds for the Briscoe- Desimone levee 95 project, the City shall provide to the District a plan to address potential corrosion of the 96 sheet pile walls. This plan must include options for addressing potential corrosion. 97 7. The City shall enter into an agreement with the Washington State 98 Department of Transportation related to the West Valley Highway and its role as a levee, 99 8. The City shall permit, design, and construct replacement of the trail to 100 meet King County Parks regional trail standards. 101 9. Any contracts between the City and any consultants, engineers, contractors or 102 other design or construction entities (collectively, "contractors ") shall include provisions whereby 103 the City and its contractors name the King County Flood Control Zone District and King County 104 as additional insureds. All such contracts shall provide insurance coverage to the King County 105 Flood Control Zone District and to King County, consistent with King County's guidelines and 106 requirements for insurance for similar contracts. 5 133 FCD Resolution 107 10. The City and King County shall provide a monthly written report to the 108 Executive Committee on the first day of each month regarding implementation of the Briscoe - 109 Desimone levee project including any regulatory requirements that may impact the budget, 110 schedule, design, construction and /or maintenance. 111 11. The City shall cover the costs of any maintenance for the project in excess of 112 the average annual maintenance and repair costs for the Green River ($95,000 per mile per year). 113 This amount shall be adjusted for inflation annually. 114 D. King County's responsibilities and conditions, as the District's service provider, in 115 relation to the Briscoe - Desimone levee project are as follows: 116 1. King County shall include inspection of the sheet pile walls for 117 corrosion in the County's operations and maintenance activities. 118 2. King County shall monitor deformation and erosion of the Briscoe - 119 Desimone Levee riverbank to provide quantitative and scientific information for future 120 projects about how the river is working with its flow regulated by the Howard Hanson 121 Dam. This information will assist the District in preparing public warnings in the event of 122 a breach in the Howard Hanson Dam. 123 3. King County shall prepare a plan to ensure that materials and 124 equipment for emergency repairs to the Briscoe- Desimone levee are available in as 125 timely a manner as possible. 126 4. King County and the City shall provide a monthly written report to the 127 executive committee on the first day of each month regarding implementation of the Briscoe - 128 Desimone levee project including any regulatory requirements that may impact the budget, 129 schedule, design, construction, and/or maintenance. 6 134 FCD Resolution 130 5. King County as the District's service provider will provide the 131 District with timely technical assistance in reviewing plans submitted to the District by 132 the City. 133 SECTION 5. The District shall provide funding for inspections, operations and 134 maintenance on the Briscoe- Desimone levee. King County, as the District's service provider, 135 shall inspect, maintain and repair the Briscoe- Desimone levee. 136 SECTION 6. The District will ensure that public safety plans are in place, 137 including annual outreach to residents and workers along the Green River, as well as 138 other basins in King County. The District will make these plans a priority in the 139 District's 2014 budget. 140 SECTION 7. The District will encourage all businesses and residents in low - 141 lying areas near rivers, regardless of levee accreditation, to purchase flood insurance. 142 SECTION 8. The conditions along the South 200th Street to South 180th Street South 143 corridor in the cities of Kent and Tukwila represent a unique set of circumstances in King 144 County. The approval of the use of flood walls in this location does not set a precedent for their 145 use in other parts of the County or the Green River corridor, nor should this limited use be 146 considered a departure from the District's intent of setting back levees where appropriate, 147 SECTION 9. The District hereby directs District staff to work with King County to 148 develop a funding strategy for consideration by the District using bond financing to accelerate 149 high- priority flood protection projects throughout the county that are not fully funded through 150 pay -as- you -go implementation of the District's capital improvement program. This strategy 151 should consider the long -term financial stability of the Flood Control District, the ability to 152 commit Flood District revenue to pay necessary debt service over the life of the bond, the 7 135 FCD Resolution 153 preservation of capacity to provide for ongoing maintenance, and the maintenance of adequate 154 reserves to respond to flood emergencies. 155 136 FCD Resolution was introduced on and passed as amended by the King County Flood Control District on 2/26/2013, by the following vote: Yes: 8 - Mr. Phillips; Mr. von Reichbauer, Mr. Gossett, Ms. Hague, Ms. Patterson, Mr. Dunn, Mr. McDermott and Mr. Dembowski No: 0 Excused: 1 - Ms. Lambert ATTEST: Anne Noris, Clerk of the District Attachments: None KING COUNTY FLOOD CONTROL ZONE DISTRICT 'KING =CGU . " :: , WASHINGTON Reagan Dunn, Chair 8 ATTACHMENT A TO EXHIBIT B SUPPLEMENTAL TERMS AND CONDITIONS — RESOLUTION 2012 -02.2 1. The top of the setback levee retaining wall shall be consistent with the height of the adjoining levee sections, except as is appropriate for safety of cyclists, pedestrians and • others using the trail along the top of the wall. Transitions at the ends of each wall shall provide for trail user safety and for levee erosion resistance from overtopping flows that might be concentrated around the ends of the wall and around the ends of trail user protection measures. 2. The City, or its engineering consultants, shall submit to the District a plan to provide for resiliency of the landside levee and wall in the event of overtopping. The plan shall include identification of the areas that are most susceptible to erosion, and shall propose appropriate protection measures for each of those areas. The City shall submit the plan as a recommendation for consideration and approval by the District in the Levee construction plan review process. 3. The City shall reduce and mitigate the potential for erosion. The City, or its engineering consultants, shall identify permanent or temporary strategies to minimize erosion in locations of potential erosion. The City shall submit these strategies as recommendations for consideration and approval by the District in the Levee construction plan review process. 4. If the City strategy to minimize erosion in the event of overtopping relies upon temporary erosion control measures such as sandbags, the City must commit to paying for and having on hand the materials and equipment, and access to sufficient labor, to install all temporary measures in preparation for overtopping. The City shall prepare a plan that describes the temporary measures, the staging . of material and equipment, sources of labor, estimated time for installation, and specific river conditions that will trigger installation. This plan must be submitted for consideration and approval by the District in the Levee construction plan review process. The City must also prepare before October 1 each year by staging all necessary materials and equipment specified in the plan. The City must fully install all such temporary measures immediately upon recognition that the trigger conditions in the approved plan are met. The City rnust also remove all such temporary measures within eight weeks after flood conditions subside. The City is fully responsible for all associated costs including but not limited to materials, equipment, and labor. 15 EC approved (RB -RK) 137 5. The City shall move the setback wall back from the landward toe of the existing levee in the northernmost setback segment near the West Valley Highway, consistent with the alternate alignment described by GEI Consultants, Inc., in section 8.3.2.5 of its April, 2012 draft FEMA Accreditation Report for the Briscoe - Desimone Levee System. 6. The plan to address potential corrosion of the sheet pile walls shall be submitted for consideration and approval by the District in the Levee construction plan review process. 7. The agreement with the Washington State Department of Transportation shall be approved by the District prior to the release of State or District funds for Reach 1 of the Levee. 8. To assist in implementing the District plan for emergency repairs, the City shall provide project design information and emergency planning recommendations of observations, physical measurements, tolerances, thresholds, and considerations for the District's inspection and risk -based decision - making as appropriate for emergency plans associated with the Levee design. The City will provide this information to the District by August 1, 2014. 9. The City shall permit, design, and construct replacement of the trail to meet King County Parks regional trail standards. The City shall submit plans to King County Parks for review coincident with District plan review at each design phase. EC approved (RB -RK) 138 16 EXHIBIT C Levee Inspection, Maintenance, Operation and Repair 1. The Levee shall be maintained and operated consistent with the District's Flood Hazard Management Plan Policy PROJ -6, Flood Protection Facility Design and Maintenance Objectives (or its successor) which states as follows: "[The District] should construct new flood protection facilities and maintain, repair or replace existing flood protection facilities in such a way as to: • Require minimal maintenance over the long term, • Ensure that flood or channel migration risks are not transferred to other sites, ® Protect or enhance aquatic, riparian and other critical habitats, and • Protect or enhance multiple beneficial uses of flood hazard area." 2. Levee maintenance and operation shall be based on a risk -based analysis approach. If a risk -based approach is not acceptable to FEMA, and as a result FEMA fails to issue a CLOMR or LOMR for the Levee, the District shall not be obligated to operate and maintain the Levee. 3. The upper 1/3 of the riverward slope above the OHWM may be mowed and maintained in grass cover. 4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all times, including access by heavy construction equipment and earth - hauling machinery. 5. The landward Levee slope may be rnowed and maintained in grass cover. 6. The 15 -foot maintenance access and inspection area along the landward Levee toe may be mowed and maintained in grass cover. 7. All such mowed areas may alternatively be planted and maintained with native riparian woody vegetation. 8. Upon acceptance of completed Levee construction by the District, the Levee, as constructed to these standards, shall be inspected by the District prior to leaf emergence each spring, at low -flow conditions in the late Summer or early Fall, prior to the onset of 17 EC approved (RB -RK) 139 fall rains and seasonal high flows, and during and immediately following flood events at Phase III (9,000 cfs) or greater. • 9. All structural features of the Levee shall be inspected by the District for deterioration or damage, including the presence of any slope erosion, washouts, slumping, slides, or sloughing, and any conditions noted shall be included in prioritization of District and /or King County maintenance and repair needs, and in performance of maintenance and repair actions at the earliest appropriate opportunity. 10. All vegetation on the levee slopes, benches, or along the lower embankment shall be inspected by the District for erosion of the riverward embankment in the root zone, and appropriate corrective action shall be taken where such conditions may be present. 11. The District and /or King County shall perform continuing levee patrols during all Phase III or greater flood events. 12. Damaged or impaired Levee conditions observed by the District during flood patrols shall be evaluated for emergency repair actions. 13. Any emergency repairs performed will be inspected by the District at the next low -water period for evaluation of permanent repair needs or additional measures required to restore the function and integrity of all affected locations. 14. The District and /or King County shall prioritize repairs consistent with the adopted policies of the District's Flood Hazard Management Plan, or its successor. 15. The City shall be responsible for all local drainage inspections and maintenance. The District and King County shall not assume any responsibility for stormwater management activities. EC approved (RB -RK) 140 18 IBIT / , • „e , f t RM -15 * t ' '„1 )1REACH 1 fieru / 7. / A/ — 411 N „ •• • • REACH 2 i• R4-1 - I- _ -re Ni ' • „ • ,• %'",111 . • i REACH 31 I • • — ■,4 CITY OF KENT BRISCOE-DESIMONE LEVEE RIGHT BANK OF THE GREEN RIVER S. 180th ST. TO S. 200th ST. e , • / ."1111 . _ LEGEND PROPOSED SETBACK WALL • Fthi, 7 RIVER MILE NOT TO SCALE \09-An, sAenrovt.A..... 11/70012 11264:22 WAN 141 142 EXHIBIT D EXHIBIT D A. Stability and Certification Report Briscoe /Desimone Levees Kent, Washington by GeoEngineers, Inc. dated October 24, 2011. B. FEMA Accreditation Report Green River Right Bank Levee Briscoe - Desimone Levee System by GEI Consultants, Inc. dated April 2012. Interlocal with Tukwila - Desimone Levee 01/24/14 143 EXHIBIT t�. SW 43rd T ST. REACH S 190th ST REACH 2 S W J -J -a N J. Q T_ o T J { + z Q= z o � T T S 196th ST REACH 3 REACH 4 CITY OF KENT KEN T ENGINEERING DEPARTMENT CITY OF KENT DRAWN SCALE NOT TO SCALE APPROVED DATE 10 -10 -12 FIGURE 2 LOCATION MAP BRISCOE DESIMONE LEVEE 0: \Or ign \09 -3011 DESIMONE WALLS\an9\SEPA\Pigure2.4N.9. 10/10/2012 -46:00 PM 144 Tukwila City Council Committee of the Whole Minutes April 22, 2013 Page 4 of 7 improved does not matter. The situation has worsened over the last few years, and he is concerned about the individuals that will be impacted by the Council's decision. He stated he will support the condemnation process, which will allow police officers to focus on other areas of the City. Councilmember Ekberg stated his family lived along TIB in the past, and there has been a degradation of the area. He is interested in putting a stop to that and finding ways to improve the area. Once the City invests in the Tukwila Village development, there will be an influx of new residents within the area. This will include the first senior citizen development within the City, and it is important to make sure that area is safe. Councilmember Seal stated that during the Strategic Planning process, crime along Tukwila International Boulevard was the most talked about issue. The City Council spent a significant amount of time brainstorming how to resolve the issues surrounding TIB. She voiced her support for the ordinance, and stated the Council wants to work with the business owners. This process needs to happen to keep the redevelopment momentum moving forward. The Tukwila Village development will bring a whole new group of people to the City, and the ordinance before the Council is one more step in the process for revitalization of the area. Councilmember Quinn voiced his support for the proposed ordinance and stated it has taken a long time for this type of action to move forward. He clarified that the City has planned this type of redevelopment since 1998, and it was confirmed in 2000. The subject area was designated as an Urban Renewal Area, and revitalization efforts started with a task force. TIBAC (Tukwila International Boulevard Action Committee) has been working on the issue, and it was evident from comments received during the City's Strategic Planning process, this is an area of concern. The Mayor and City Administration are ready to move forward with this proposal, and the Police Chief is willing to see it through, and the Council wants to work toward improving the area. He said the citizens are demanding more from the City, and he would like to see more communication on this issue stating the City, in conjunction with the residents are moving forward with this process. Councilmember Kruller explained that she is looking out for everyone within the City, and it is very important that the image of the City is changed and that Tukwila is a safe place to live. She stated TIBAC has been an important part of the changes along TIB. She voiced her support for the local businesses that will be affected by the process, and she urged City Administration to keep the lines of communication open with those businesses. She voiced her support for the process, stating it is a bold step. She feels when someone visits Tukwila within the next 10 years, it will be a great place to visit. It will be welcoming and the residents and community will feel safe as a result of the action being considered by the Council. Mayor Haggerton expressed his appreciation for the comments received this evening. He explained City Administration and the Tukwila Police Department have been trying to work with the property owners and property managers within the subject area for quite some time. The properties identified did not want to work with the City on the issues, and this is the result. He explained the City's Strategic Planning process was the defining moment; it was loud and clear that the City needed to do something about the issues along TIB. Mayor Haggerton commented on the history of the area from the late 1950's, when the community could safely walk along TIB. The purpose of the proposed ordinance is that it will again be safe to walk along TIB. Council President Hougardy spoke in favor of the ordinance, and she explained that within the past 15 years TIB has become a richly diverse area. TIB is surrounded by a string of communities, and the City has not been able to promote those communities due to the increased crime in the area. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING THIS EVENING. b. Briscoe /Desimone Levee design. Councilmember Robertson explained three Councilmembers were asked to work with City staff to understand the issues surrounding the proposed design of the Briscoe / Desimone Levee Repair Project. He commented that the levee needs to be repaired. Without the repairs there could be a future problem 145 Tukwila City Council Committee of the Whole Minutes April 22, 2013 Page 5 of 7 with FEMA insurance in the cities of Kent, a portion of Tukwila and Renton. Additionally, there are life and property issues to contend with if the levees are not repaired. The Council Sub - committee spent time with City staff and discussed the following: • Two of the levee reaches are within the City of Tukwila: the entire Reach 1 plus a small part of Reach 2. The most complicated repair is located within the City of Tukwila for Reach 1, located at 180th Street and West Valley Highway (State Route 181). • The City of Kent is concerned as Tukwila's support is needed at the Flood Control District "now" to retain the State funds. • There are physical problems meeting Tukwila's Shoreline Management Program (SMP) minimum levee cross - section for the section of Reach 1 adjacent to West Valley Highway. The SMP has tools (a variance process) or the SMP could be amended to solve the problems. • Negotiations with Washington State Department of Transportation (WSDOT) will be required for the part adjacent to the highway. • There may be "physical" reasons the SMP's minimum levee cross - section cannot be met elsewhere in Reach 1. • A considerable amount of engineering that will be required before levee repair construction in Tukwila could proceed (possibly in 2014). The committee is proposing a motion to support Kent relating to this issue to be discussed at the Special Meeting immediately following the Committee of the Whole meeting. The proposed motion states 'Tukwila supports the repair efforts within the City of Kent, and that while the design of the repair for work within Kent is acceptable for their portion of the levee, it does not work for the portion of the levee within Tukwila. Alternative Paths Forward: 1. Interpret SMP use of flood wall to include infrastructure such as a major state highway. Also assume definition of a "building" includes a state highway. 2. Use a shoreline variance. 3. Amend the City's SMP, which would be the lengthiest solution. Recommendation for Council: 1. Continue engineering /design efforts. 2. Support Kent at the Flood Control District for the Kent Reaches. 3. Seek further analysis, engineering, and discussion, including City Administration's recommendation on alternate paths forward. The City of Kent has completed some engineering within Tukwila. The Council Sub - committee suggests City staff bring forward a proposed design with the physical changes that would conform to the City's SMP (or as close as possible). The information should include the engineering data associated with the proposed design, and any proposed amendments to the City's SMP. This information would be for the Council Sub - committee to review prior to staff moving forward with an Interlocal Agreement (ILA) between the cities of Kent and Tukwila. Councilmember Quinn encouraged the Council to visit the King County Flood Control District website to view the terms between Kent and King County relating to the levee repair project ( http:// www .kingcountvfloodcontrol.orq). He commented that there is no requirement for an ILA between the cities of Kent and Tukwila. He feels the Sub - committee's work is due diligence that should be done prior to the City considering any ILA. Councilmember Kruller voiced her appreciation for City staff during the Sub - committee meeting. While there is a proposed support statement, it was determined that the City does not need to rush into an ILA with Kent. She feels there is time for City staff to sort through the project information and all the options available to the City. Having the City take time to review the information should not hinder Kent in any way, as they are still in negotiations with King County on an ILA for the levee repairs. There are things happening along the river that need to be addressed, and she voiced support for the proposed motion. 146 Tukwila City Council Committee of the Whole Minutes April 22, 2013 Page 6 of 7 Councilmember Seal commented that rather than trying to slow down the process, the Council is working to ensure the City is performing due diligence relating to this issue. The City spent a considerable amount of time working through the Shoreline Master Program. She voiced her support for moving forward with the proposed motion of support. Council President Hougardy asked if the Council Sub - committee would like to continue working through this issue. Councilmember Robertson suggested the issue be discussed at a future Community Affairs and Parks Committee. Councilmember Ekberg spoke in favor of having this item brought forward for review by the Community Affairs and Parks Committee. Councilmember Robertson read the Council Sub - committee's recommended motion of support to include a minor language edit (the friendly wording additions are in underlined format): "Tukwila supports Kent's continuing efforts to address the Desimone /Briscoe Levee structural problems. Tukwila also supports Kent's desire to begin construction in 2013 for the levee reaches in Kent. Further design /engineering work is necessary for the to solve the Desimone /Briscoe levee problems in Tukwila because of the specific site issues and Tukwila's Shoreline Management Plan standards. Tukwila's SMP is specific to Tukwila's natural environment and is adapted to work with Tukwila's unique ecological functions, shoreline and development on the river. Tukwila looks forward to working with Kent and the King County Flood Control District to resolve any issues so that construction in Tukwila can also move forward." COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM, AS AMENDED, TO THE SPECIAL MEETING THIS EVENING. REPORTS a. Mayor Mayor Haggerton stated he provided the opening remarks at the Road Map Parent Forum on April 20, 2013 at Foster High School. The event had between 750 -1,000 attendees, and there were 32 booths for attendees to visit during the event. Later that day he attended the Tukwila Pool Grand Re- opening event. He felt it was great to witness the Council being able to enjoy themselves at the Tukwila Pool events. b. City Council Councilmember Seal announced that Cascade View Elementary received a Washington Achievement Award in Math from the Office of Superintendent of Public Instruction. She commented that the students and staff should be congratulated for receiving this award. Councilmember Quinn attended the Road Map Parent Forum on April 20, 2013 at Foster High School. He commented that he noticed several "Earth Day" type of events April 20 -21, 2013. Councilmember Kruller attended the Road Map Parent Forum on April 20, 2013 at Foster High School, and the Tukwila Pool Grand Re- opening event. She congratulated the "Sustain Tukwila Pool" (STP) group for raising funds for the pool scholarship fund and exceeding their fundraising goals. She announced that, through Sound Cities Association, she applied for and has been selected to serve on the King Conservation District. On April 21, 2013 she attended a local Turkish program that she felt was a great event, and she reported on the activities of the event and a possible travel opportunity to Turkey. Council President Hougardy attended the April 20, 2013 Tukwila Pool Grand Re- opening event and the Road Map Parent Forum at Foster High School later that afternoon. She also attended the most recent 147 148 Tukwila City Council Committee of the Whole Minutes April 22, 2013 Page 2 of 2 Councilmember Ekberg commented that the ordinance does not commit the City to purchase any properties; rather it begins the condemnation process. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2401. b. Briscoe /Desimone Levee design. MOVED BY ROBERTSON, SECONDED BY KRULLER FOR THE MAYOR TO SIGN AND FORWARD A MOTION OF SUPPORT TO THE KING COUNTY FLOOD CONTROL DISTRICT (based on discussion and Council consensus at the Committee of the Whole meeting held prior to this Special Meeting)*. Councilmember Seal verified that the motion of support will include the suggested changes discussed during the Committee of the Whole portion of the meeting this evening. *MOTION CARRIED 7 -0. ADJOURNMENT 8:50 p.m. MOVED BY QUINN, SECONDED BY SEAL THAT THE SPECIAL MEETING OF THE TUKWILA CITY COUNCIL BE ADJOURNED. MOTION CARRIED 7 -0. Jim Hagge Melissa Hart, Deputy City Clerk APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR ON 05/20/2013 AVAILABLE ON THE CITY'S WEBSITE 05/21/2013 UTILITIES COMMITTEE Meeting Minutes February 3, 2014 — 5:15 p.m. — Foster Conference Room, 6300 Building City of Tukwila Utilities Committee PRESENT Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Allan Ekberg Staff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Ryan Larson, Mike Cusick, Pat Brodin, and Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Franchise Agreement with tw telecom of washington Ilc (TWTC) Staff is seeking Council approval of an ordinance that would renew a non - exclusive franchise to tw telecom of washington Ilc (TWTC) for the continued operation of a fiber optic cable system in the City rights -of -way for a five year term with an option for a one -year extension. TWTC will pay a $5,000 administrative fee for reimbursement of costs associated with this agreement. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. B. Change Order: Sewer Repair at 6450 Southcenter Boulevard Staff is seeking Council approval of a change order to Contract No. 13 -181 with Green River Construction, Inc. in the amount of $104,462.03 for the Sewer Repair at 6450 Southcenter Boulevard. This contract was originally approved in November 2013 to install a new manhole, clear blockages and make any other necessary repairs to the sewer main near the intersection of Southcenter Boulevard and 65th Avenue South. During initial excavation work, it was found that two orange fiber optic ducts had broken through the sewer line at multiple locations, resulting in an increase to the scope of the repair project as well as an extension of contract time for the completion of landscaping and irrigation work. The City will file a claim against Comcast for the damages to the sewer line and the costs incurred for the repair. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. C. Interlocal Agreement: Briscoe /Desimone Levee Staff is seeking Council approval of an interlocal agreement (ILA) with the City of Kent for repairs to the Briscoe /Desimone Levee. The Briscoe /Desimone Levee is located along the east side of the Green River between South 180th Street in Tukwila and South 200th Street in Kent. The King County Flood Control District assigned the City of Kent responsibility for the design and construction of setback levees retained by walls on the landward side, and this ILA will allow the City of Kent to perform work in the City of Tukwila. The agreement authorizes the work, designates SEPA authority, grants condemnation authority and allows work to commence. Staff from both cities participated in the drafting of the ILA, which requires Kent to meet Tukwila's shoreline regulations. Construction is expected to begin in early 2015 and no funds from Tukwila are required or anticipated at this time. Committee Chair Kruller mentioned a 2013 Council motion relating to the design work and asked staff to confirm no discrepancies between the language discussed then and the currently proposed ILA. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. 149 150 COUNCIL AGENDA SYNOPSIS 111111a/C Alee1in, Dale. Pre a red by , A1 co,r)4 rep ,n, Coralci I rePieir 02/10/14 BG Re,oliffm A //' D al ', OrcIritance JANDi/ 02/18/14 BG OMer ,AN 1) a le SI)0\ ,C )R ( oillicil 1 1A layol I IR _ DCO 1-7/hill,e — 1'ff( 1 IT PR _ Po/z( Si )( )" \ ,-,()It',-, Green River Construction was awarded the contract for the repair of the sewer main break S( \t\i \In at 6450 Southcenter Blvd. After work began to install the new sewer manhole, the broken pipe was exposed and the scope of the project increased dramatically. Additional bypass pumping was required for the installation of 100 feet of sewer pipe, as well as additional traffic control and property restoration. Council is being asked to approve Change Order No. 1 to Contract #13-181 with Green River Construction in the amount of $104,462.03. Ri vii \\„11) ID - COW Mrg. C.A&P Cmtc F&S Cmte H Transportation Cmte Cmte Arts Comm Parks Comm Planning Comm COMMITTEE CI TAIR KATE KRULLER Utilities aVI P, 02/03/14 RECOMMENDATIONS: SP(A .()It/ADNIIN C( rumll'i Public Works Department ITEM INFORMATION ITEM No. 3.E. 151 Si ■] 1 Si)()\ ,,()R. BOB GIBERSON ORR,I\ \] Au \ I) \ D ■ i 1 02/10/14 Au \i) \ Ill NI F1111 Sewer Repair at 6450 Southcenter Blvd Approve Change Order No. 1 to Contract No. 13-181 with Green River Construction C ■11(;()RY Dr,do $1017 \I/o, D a fe 02/10/14 rd Motion ,1 I-1g Date 02/18/14 Re,oliffm A //' D al ', OrcIritance JANDi/ 1 1 1321 lnirrl 1N Dal( 1 1 Pub/ I learri lilt; 1),(1( OMer ,AN 1) a le SI)0\ ,C )R ( oillicil 1 1A layol I IR _ DCO 1-7/hill,e — 1'ff( 1 IT PR _ Po/z( Si )( )" \ ,-,()It',-, Green River Construction was awarded the contract for the repair of the sewer main break S( \t\i \In at 6450 Southcenter Blvd. After work began to install the new sewer manhole, the broken pipe was exposed and the scope of the project increased dramatically. Additional bypass pumping was required for the installation of 100 feet of sewer pipe, as well as additional traffic control and property restoration. Council is being asked to approve Change Order No. 1 to Contract #13-181 with Green River Construction in the amount of $104,462.03. Ri vii \\„11) ID - COW Mrg. C.A&P Cmtc F&S Cmte H Transportation Cmte Cmte Arts Comm Parks Comm Planning Comm COMMITTEE CI TAIR KATE KRULLER Utilities aVI P, 02/03/14 RECOMMENDATIONS: SP(A .()It/ADNIIN C( rumll'i Public Works Department f I Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Fxpi \DI 'Liu RI AL IR, l) AMOUN I B[IDGE 1 LD APPROPRIATION REQUIRI D $104,462.03 $0.00 $104,462.03 Fund Source: 402 SEWER FUND C 0111177e111S A claim for the entire project costs will be a issued to Comcast and their contractor. MTG. DATE RECORD OF COUNCIL ACTION 02/10/14 02/18/14 MTG. DATE ATTACHMENTS 02/10/14 Informational Memorandum dated 01/31/14 Change Order No. 1 to Contract No. 13-181 Photos of orange fiber optic ducts found during excavation Minutes from the Utilities Committee meeting of 02/03/14 02/18/14 151 152 TO: FROM: BY: [)ATE: SUBJECT: City Tukwila Jim Haggerton, Mayor INFORMATIONAL ���������� nn�n ����n�n��n nw_�x�»�«�~ n�n�~o�x�*n�x~�n�����nmn Mayor Haggerton Utilities Committee Bob Giberson, Public Works Director Mike Cusick, Senior Program Manager January 31, 2014 Sewer Repair at 6450 Southcenter BIvd Project No. 91340203 Change Order No. 1 to Contract No. 13-181 ISSUE Approve Change Order No.1 to the contract with Green River Construction, Inc. for the Sewer Repair at045O8OUthCenter Blvd in the amount 0f$1O4.4O2.O3 (including sales tox). BACKGROUND While cleaning and jetting a plugged sewer line near the intersection of Southcenter Blvd and 65th Ave S, City staff encountered problems that prevented them from clearing the unknown obstruction and resulted in the jet head and hose becoming stuck in the sewer line. Staff was unable to free the hose and it had to be cut and left in the manhole and sewer line. It was determined that the only way the blockage could be cleared was to install a new manhole where the jet hose was stuck. A contract was approved by Council on November 4, 2013 with Green River Construction, Inc. in the amount of $34,164.00 to install the new manhole, clear any blockages, and/or make any other necessary repairs to the sewer main. DISCUSSION The initial excavation work encountered sewage in the soils at approximately 5 feet deep and 2 feet above the sewer pipe. Staff determined that the sewer line must be broken near this location and that bypass pumping would be required for the sewer line to be repaired. A temporary pumping system was installed in order to control raw sewage from continuing to contaminate the work area. With the temporary pumping system in p|ace, the contractor was able to excavate and examine the broken sewer pipe. With the sewer line now exposed, it was found that two orange fiber optic ducts installed by directional boring equipment had broken through the sewer line at multiple locations. Because the fiber optic ducts were installed adjacent to the sewer |ine, the trench length had to be greatly increased to determine if there was any further damage to our sewer pipe and to allow for the necessary repairs. The scope of the actual sewer repairs changed dramatically from the scope of the repair project that was awarded to Green River Construction, Inc. Since the bid items do not accurately reflect the work that was performed, the contract work was tracked on a time and material basis in order to calculate fair compensation for the contractor's effort. The changed scope of work also merits an extension of contract time for the contractor to complete landscaping and irrigation work to March 31, 2014. VV: PW Eng \Pnnecra^ mwpmje*nn`3 Annual Sewer Repair o/34v20n\Sewer Repair at 645"sc Blvd w,340nm/ Info Memo 65m CHANGE ORDER / JAN z*zow 154 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT Th8Ohgin8|cnnS{nuCtiOnCOntnaCtvv8S$34.154.0O(inC|UdingS8|8St@x)fDrthe sewer manhole installation. The additional scope of work included the installation of approximately 100 feet of sewer pipe, traffic control, landscaping, and pavement/sidewalk restoration for a total of $1D4'4O2.O3.As this iS8n emergency repair, the project vv8SOOtbudget8d@DdCOn3trU[t|On costs will come from the Sewer Fund's ending fund balance. While the final cost of this p ject is significantly more than the awarded bid amount, this change order reflects the tracking of actual costs to the contractor and includes standard mark-ups for force account items. The time and material approach was the most reasonable and equitable solution to compensate for the changed conditions during construction and complete the necessary repairs. The City will be filing a claim against Comcast and their contractor for the damages to the sewer line and costs incurred for the repair by the City. Original COOtrBCtAmOUnt $ 31,200.00 Change Order No. 1 95,399.11 Sales Tax (9.5%) 12.026.93 Total $138.026.05 RECOMMENDATION Council is being asked to approve Change Order No. 1 in the amount of $104.462.03 (including sales tax) to Contract No. 13'181 with Green River Construction CO.. Inc. for the Sewer Repair at 6450 Southcenter Blvd and consider this item at the February 10, 2014 Committee of the Whole and subsequent February 18, 2014 Regular Meeting. Attachments: Chnge Order No. 1 Site Photos W IPVV En*PRnJEcTSwwvproject*moAnnual Sewer Repair w/wmo/»a°rnepmat 6450oc Blvd (9/34m03)unfo Memo aw CHANGE ORDER / JAN mmwnRT gl mv CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 01 DATE: JANUARY 28, 2014 BUDGET NO.: PROJECT NO.: 91340203 CONTRACT NO.: 13-181 PROJECT NAME: SEWER REPAIR AT 6450 SOUTHCENTER BLVD. TO: JERRY KNUDSON You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; and C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived. D. The Contractor Must Submit all Field Overhead and Home Office Overhead rates for approval in advance of all Change Orders. CHANGE: Revise the fixed amount contract to force account for the repair of the sewer near 6450 Southcenter Bvld. Please see .information Memo There is 121 Day in time extension with this Change Order due to change in scope the project. We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. ACCEP By Origin : Date Contractor teYV6/t-- C-0/11,5j 11444:1-2,/-\ Title PrE2Stee,PvT I Contrikt (without tax) $ 31,200.00 APPROVED BY THE CITY OF TUKWILA Previous Change Order 0.00 Date This Change Order (without tax) $ 95,399.11 By Mayor REV. CONTRACT AMOUNT $ 126,599.11 ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance); Construction Inspector; Construction Engineer; file: 155 CONTRACT CHANGE ORDER NO. 01 CHANGE: Sheet 2 of 2 During the first clay of work on November 14, 2013, Green River Construction began excavating for the proposed sewer manhole in front of the business at 6450 Southcenter Blvd. The contractor excavated down above the sewer line near where the City of Tukwila staff determined the end of the Vactor truck jetting hose was lodged in the sewer pipe. The contractor was down about 5 feet from the surface and 2 feet above the sewer pipe, when sewage came boiling out of the bottom of the trench. The contractor tried to control the sewage flow into the trench with a trash pump. The small trash pump could not keep up with the flow of sewage into the trench. Staff determined that the sewer line must be broken near this location and that bypass pumping would be required for the sewer line to be repaired. The City of Tukwila then contacted Godwin Pumps to provide and install a temporary pumping system around the work area. Godwin installed temporary piping and a large diesel pump with the assistance of Green River Construction on the afternoon of November 14. On November 15, with the temporary pumping system up and running, Green River was able to excavate down to the sewer pipe. With the sewer line now exposed it was found that two orange poly fiber optic ducts were running parallel and immediately adjacent to the sewer line and the sewer line was broken in two places. The Vactor Truck jet hose could be seen inside the sewer pipe. The original scope of the project was to open up about 15 feet of trench above the sewer line for the installation of the proposed manhole. With the fiber optic ducts running this close to the sewer line the trench length would have to be increased to verify the condition of the sewer line. At this point, there was a major change in conditions in contract for the manhole installation project. The City of Tukwila then requested Green River Construction work under Force Account Rules to repair the sanitary sewer line damaged by the installation of the fiber optic cables by Comcast earlier in the summer 2013. The installation of manhole was deleted from scope of the contract. The revised scope of work is to repair the damaged sanitary sewer line and restore the disturbed area back to the existing condition prior to the repair. This work is to done by Force Account for the sewer repair and fixed dollar amount for the site restoration. Please see attached invoice and documentation from Green River Construction to justify the project costs. 156 1 r u0 15721 1 U1' 111111111111111111111;1 I g1011111'UIuloI IIoloyoUrolIp10 VUI!�VpIIWfuitinonolouf ll�viu,vivii11,l pppN1101,11111,. i�VPN�bu t Ip �'1 ''B "' ��f eflp�l�; u�& Ilr. k�w% rx��� (�r����'�`�a ✓'6ViPrwai,niY�4�' parr+ ww.! �ar�rrii�Rrl 'n4,uw�'�,os���!lr�'r,ur 8i rill 6 158 22 UTILITIES COMMITTEE Meeting Minutes February 3, 2014 — 5:15 p.m. — Foster Conference Room, 6300 Building City of Tukwila Utilities Committee PRESENT Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Allan Ekberg Staff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Ryan Larson, Mike Cusick, Pat Brodin, and Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Franchise Agreement with tw telecom of washington Ilc (TWTC) Staff is seeking Council approval of an ordinance that would renew a non - exclusive franchise to tw telecom of washington Ilc (TWTC) for the continued operation of a fiber optic cable system in the City rights -of -way for a five year term with an option for a one -year extension. TWTC will pay a $5,000 administrative fee for reimbursement of costs associated with this agreement. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. B. Change Order: Sewer Repair at 6450 Southcenter Boulevard Staff is seeking Council approval of a change order to Contract No. 13 -181 with Green River Construction, Inc. in the amount of $104,462.03 for the Sewer Repair at 6450 Southcenter Boulevard. This contract was originally approved in November 2013 to install a new manhole, clear blockages and make any other necessary repairs to the sewer main near the intersection of Southcenter Boulevard and 65th Avenue South. During initial excavation work, it was found that two orange fiber optic ducts had broken through the sewer line at multiple locations, resulting in an increase to the scope of the repair project as well as an extension of contract time for the completion of landscaping and irrigation work. The City will file a claim against Comcast for the damages to the sewer line and the costs incurred for the repair. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. C. Interlocal Agreement: Briscoe /Desimone Levee Staff is seeking Council approval of an interlocal agreement (ILA) with the City of Kent for repairs to the Briscoe /Desimone Levee. The Briscoe /Desimone Levee is located along the east side of the Green River between South 180th Street in Tukwila and South 200th Street in Kent. The King County Flood Control District assigned the City of Kent responsibility for the design and construction of setback levees retained by walls on the landward side, and this ILA will allow the City of Kent to perform work in the City of Tukwila. The agreement authorizes the work, designates SEPA authority, grants condemnation authority and allows work to commence. Staff from both cities participated in the drafting of the ILA, which requires Kent to meet Tukwila's shoreline regulations. Construction is expected to begin in early 2015 and no funds from Tukwila are required or anticipated at this time. Committee Chair Kruller mentioned a 2013 Council motion relating to the design work and asked staff to confirm no discrepancies between the language discussed then and the currently proposed ILA. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. 159 160 COUNCIL AGENDAS OASIS ,\1ttij,tt Dak Prepared 2T Allbr:c r//t'») Council review 02/10/14 Balk) ,./5/,, :''.,, c \ 116( )RV Dr 02/18/14 BG E Re olu Nu ,II I g nit' III 01 (It na th e I Bid dip,/,,/ Iftg Date E Pub/z, learld \fig par, I— Otter 1N D at e 111 Date IItg, Oat, 02/18/14 Si )R Cou mil ,11,!). or f IR E I) C I) 1- 'mance F/ e E ITI • Pc—R Po/r(c Pll ' S1( )S( )R':-, tw telecom of washington Ilc (TWTC) Franchise Agreement Ordinance No. 2231 has St \Iv ■Ry expired. In 2001, TWTC constructed a fiber optic system to provide voice and data services to customers in the Puget Sound region. The TWTC franchise agreement is for five years with a possible one year extension. Council is being asked to approve the new ordinance for the franchise agreement that will allow TWTC to continue operating in the City's right- of-way and facilitate construction of future fiber optic projects. RI \ II \\ I I) ITEM INFORMATION ITEM No. 3.F. 1 Si \II Sp() \ s()R BOB GIBERSON Oitic,i\ \I ALI \D■ ) \ t 1 02/10/14 AG! \ t) \ 1 II \I 1 1 ill Ordinance Granting a Non-Exclusive Franchise tw telecom of washington Ilc Agreement with c \ 116( )RV Dr 1 /1 1 lion 02/10/14 E A/0/20, :111g Dal( E Re olu Nu ,II I g nit' III 01 (It na th e I Bid dip,/,,/ Iftg Date E Pub/z, learld \fig par, I— Otter 1N D at e 111 Date IItg, Oat, 02/18/14 Si )R Cou mil ,11,!). or f IR E I) C I) 1- 'mance F/ e E ITI • Pc—R Po/r(c Pll ' S1( )S( )R':-, tw telecom of washington Ilc (TWTC) Franchise Agreement Ordinance No. 2231 has St \Iv ■Ry expired. In 2001, TWTC constructed a fiber optic system to provide voice and data services to customers in the Puget Sound region. The TWTC franchise agreement is for five years with a possible one year extension. Council is being asked to approve the new ordinance for the franchise agreement that will allow TWTC to continue operating in the City's right- of-way and facilitate construction of future fiber optic projects. RI \ II \\ I I) cow mtg E (A&P Cmte I— F&S Crnte E Iran,,portation Crnte Cmte Arts Comm ] Parks Comm. I— Planning Comm COMMJTTEL CIIAIR KATE KRULLER Utilities DATE: 02/03/14 RECOMMENDATIONS: NS Co \1\1111 Public Works Department I I Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ENT' m)iit'iti Ri t MI I) AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments. MTG. DATE RECORD OF COUNCIL ACTION 02/10/14 02/18/14 MTG. DATE ATTACHMENTS 02/10/14 Informational Memorandum dated 01/31/14 Draft Ordinance with Exhibits Minutes from the Utilities Committee meeting of 02/03/14 02/18/14 1 162 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Frank Iriarte, Deputy Public Works Director DATE: January 31, 2014 SUBJECT: Franchise Agreement with tw telecom of washington Ilc ISSUE Approval of Franchise Agreement with tw telecom of washington Ilc. BACKGROUND On June 1, 2009, the Tukwila City Council granted tw telecom of washington Ilc (TWTC) a non-exclusive franchise through Ordinance No. 2231 (Franchise Agreement) to construct, maintain and operate a fiber optic cable system in the City's rights-of-way. Ordinance No. 2231 has expired and must be renewed. DISCUSSION In 2001, TWTC constructed a fiber optic system in Tukwila to provide voice and data services to customers in the Puget Sound area. Through purchase of conduit assets and expansion of their infrastructure, TWTC was able to provide more broadband options to Tukwila businesses. Their current fiber optic system is described in Exhibit A. The attached Franchise Agreement would allow TWTC to continue operating in the City's right-of-way and facilitate construction of future fiber optic projects. FINANCIAL IMPACT Under the terms of the Franchise, TWTC will pay a $5,000 administrative fee within 30 days of franchise approval. RECOMMENDATION Council is being asked to approve the Ordinance that will grant a franchise agreement to tw telecom of washington Ilc and consider this item at the February 10, 2014 Committee of the Whole and subsequent February 18, 2014 Regular Meeting. Attachment: Draft Franchise Ordinance with Exhibits A & B Z:\O1AgendaBusiness\Ordnnces For Review \2014 Ordinances \LIG 2-3-14 \ Info Memo Ordinance Franchise Ag tw telecom 01-3'1-14 gl.docx 163 164 D AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO tw telecom of washington IIc, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; REPEALING ORDINANCE NO 2231; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2231, granted tw telecom of washington Ilc, hereinafter referred to as "TWTC," a three -year, non - exclusive franchise, which expired June 9, 2012, and the parties have been operating under such franchise on a holdover basis until a new franchise is in place, during which time TWTC has acted in compliance with that franchise and applicable permits; and WHEREAS, TWTC is a telecommunications company that, among other things, provides voice and data services to customers, including those in the Puget Sound region; and WHEREAS, TWTC's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights -of -way for the installation, operation, and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local businesses and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights -of -way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights -of -way is necessary to ensure that the burden of costs for the operations of non - municipal interests are not borne by the citizenry; and W: Word Processing \Ordinancesltw telecom franchise agreement 1 -28 -14 Fl:bjs Page 1 of 11 165 WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non - exclusive franchises for the use of public streets, rights -of -way, and other public property for transmission of communications; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Non - exclusive Franchise Granted. A. The City hereby grants to TWTC, subject to the conditions prescribed in this ordinance ( "Franchise Agreement"), the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a telecommunications facility within the City -owned rights -of -way generally described in Exhibit A, and hereinafter referred to as the "Franchise Area." B. The foregoing franchise rights and authority ( "Franchise ") shall not be deemed to be exclusive to TWTC and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to TVVTC; provided, that such other franchises do not unreasonably interfere with TWTC's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent, the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C. This Franchise Agreement merely authorizes TVVTC to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to TWTC. Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies, and procedures as he or she deems necessary to carry out the provisions contained herein. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of five years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and TWTC shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If TWTC requests a renewal request prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise Agreement, written notice of the extension shall be provided to TWTC prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as W: Word Processing1Ordinancesltw telecom franchise agreement 1 -28 -14 Fl:bjs 166 Page 2 of 11 Exhibit B. Failure on the part of TWTC to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non - compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6. A. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, TWTC shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila Department of Public Works. B. Coordination. All capital construction projects performed by TWTC within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Public Works Engineering Division to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. C. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for TWTC within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to the City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. D. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Director of Public Works. E. Relocation. 1. Whenever the City causes a public improvement to be constructed within the Franchise Area, and such public improvement requires the relocation of TWTC's facilities, the City shall provide TWTC with written notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and TVVTC shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. W: Word Processingl0rdinances\tw telecom franchise agreement 1 -28-14 Fl:bjs Page 3of11 167 2. To ensure timely execution of relocation requirements, TWTC shall, upon written request from the City, provide at TWTC's expense, base maps, current as -built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of facilities, and relocation procedures), and other design, technical or operational requirements within the time frame specified by the City. 3. TWTC may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation within a reasonable time specified by the City. Such alternatives shall include the use and operation of temporary facilities in adjacent rights -of -way. The City shall evaluate such alternatives and advise TWTC in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, TWTC shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by TWTC full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, TWTC shall relocate its facilities as otherwise specified in Section 5.E. 4. Upon final approval of the relocation plan by the City, TWTC shall, at its own expense, unless otherwise prohibited by statute, and at the time frame specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right -of -way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights -of -way. 5. If during the construction, repair, or maintenance of the City's public improvement project an unexpected conflict occurs from TWTC's facilities, TWTC shall, upon notification from the City, respond within 24 hours to resolve the conflict. F. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, facilities and amenities within the Franchise Area, TWTC shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by TWTC may be abandoned without the express written consent of the City. G. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, TWTC shall, upon the request of the City, furnish a bond executed by TWTC and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of TWTC's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the telecommunications system to be installed by TWTC in the City rights -of -way. At TWTC's sole option, W: Word Processinglordinancesltw telecom franchise agreement 1 -28 -14 Fl:bjs 168 Page 4 of 11 TWTC may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that TWTC shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective TWTC work or materials discovered in the City's roads, streets, or property. H. "One -Call" Location & Liability. TWTC shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to TWTC's system components or for interruptions in service to TWTC customers which are a direct result of work performed for any City project for which TWTC has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the TWTC system components or for interruptions in service to TWTC customers resulting from work performed under a permit issued by the City. I. As -Built Plans Required. TWTC shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current Autocad version prior to close -out of any permit issued by the City and any work undertaken by TWTC pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. J. Recovery of Costs. TWTC shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, TWTC shall pay such reasonable costs and expenses directly to the City. K. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to TWTC, terminate this Franchise Agreement with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to TWTC by reason of such termination other than those provided for in RCW 35.99. W: Word Processing10rdinances\tw telecom franchise agreement 1 -28 -14 Fl:bjs Page 5 of 11 169 Section 6. Franchise Compliance. A. Franchise Violations. The failure by TWTC to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the Franchise Agreement and requests remedial action within 30 days of receipt of such notice. If TWTC has not attained full compliance at the end of the 30 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30 -day period. B. Emergency Actions. 1. If any of TWTC's actions, or any failure by TWTC to act to correct a situation caused by TWTC, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order TWTC to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify TVVTC and give TWTC an opportunity to correct within a reasonable specified time, said threat, financial harm or delay before undertaking such corrective measures. TWTC shall be liable for all reasonable costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by TWTC and shall further be liable for all reasonable costs, expenses, and damages resulting to the City from such situation, and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by TVVTC to take appropriate action to correct a situation caused by TVVTC and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of the terms of this Franchise Agreement. 2. If during construction or maintenance of TVVTC's facilities any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, TWTC or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of TWTC's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and /or damages. D. Removal of System. In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, TWTC shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow TWTC to abandon its facilities in place. W: Word Processing \Ordinances\tw telecom franchise agreement 1 -28 -14 FI:bjs 170 Page 6 of 11 Section 7. Insurance. A. TWTC shall maintain liability insurance written on a per - occurrence basis during the full term of this Franchise Agreement for personal injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code. B. Such insurance shall specifically name as additional insured the City, its officers, and employees, shall apply as primary insurance, shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder, and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City. Notice shall be by certified mail, return receipt requested to the City. C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits and Approvals. Nothing in this Agreement shall relieve TWTC from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the Franchise Area. Section 9. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this Franchise Agreement shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment of any rights, title, or interest in TWTC's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from TWTC to another person or entity controlling, controlled by, or under common control with TWTC. TWTC may license fibers to other users without the consent of the City provided that TWTC remains solely responsible for the terms and conditions outlined in this Franchise Agreement. B. In any transfer of this Franchise which requires the approval of the City, TWTC shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any actual and reasonable administrative costs associated with a transfer of this Franchise which W: Word Processing\Ordinances\tw telecom franchise agreement 1 -28 -14 Fl:bjs Page 7 of 11 171 requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for any "telephone business" as defined in RCW 82.16.010 or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise. TWTC does hereby warrant that its operations as authorized under this Franchise Agreement are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in RCW 35.99.010. B. TWTC shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise Agreement. These costs shall include, but not be limited to, wages, benefits, overhead expenses, equipment, and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of the City's right -of -way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time administrative fee is due 30 days after franchise approval. C. In the event TWTC submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, TWTC shall reimburse City for amendments and expenses associated with the project. TWTC shall pay such costs within 30 days of receipt of bill from the City. D. Failure by TWTC to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or TWTC shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Email: christy.oflaherty antukwilawa.gov Phone: 206- 433 -1855 W: Word Processing \Ordinances\tw telecom franchise agreement 1 -28 -14 Ft:bjs 172 Page 8of11 Greg Diamond Vice President, Regulatory tw telecom of washington Ilc 10475 Park Meadow Drive Littleton, CO 80124 Email: preq.diamond cC�twtelecom.com Phone: 206 -676 -8052 with an additional copy to: Tina Davis Senior VP & General Counsel tw telecom of washington Ilc 10475 Park Meadow Drive Littleton, CO 80124 Email: tina.davis{a twtelecom.com Phone: 303 -566 -1279 Section 12. indemnification. A. TWTC shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and facilities within the Franchise Area. TWTC shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of TWTC, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to TWTC by this Franchise. In the event any claim or demand is presented to or filed with the City which gives rise to TWTC's obligation pursuant to this section, the City shall within a reasonable time notify TWTC thereof and TWTC shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to TWTC's obligation pursuant to this section, the City shall promptly notify TWTC thereof, and TWTC shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, TWTC may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require TWTC to: 1. protect and save the City harmless from any claims, actions, or damages; 2. settle or compromise any claim, demand, suit, or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. W: Word Processing\Ordinances\tw telecom franchise agreement 1 -28 -14 Fl:hjs Page 9 of 11 173 B. To the extent of any concurrent negligence between TWTC and the City, TWTC's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, TWTC expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of TWTC's officers, agents or employees. This waiver is mutually negotiated by the parties. Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, either party may deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the portion declared invalid or unconstitutional as severable and maintain in force the remaining provisions of this ordinance; provided that, if the City elects, without agreement by TWTC, to enforce the remaining provisions of the ordinance, TWTC shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this agreement or any local ordinance which may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law. Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. TWTC shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right -of -way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. W: Word Processing\ordinancesttw telecom franchise agreement 1 -28 -14 Fl :bjs 174 Page 10 of 11 Section 16. Future Rules, Regulations, and Specifications. TWTC acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to TWTC, shall thereafter govern TWTC's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect TWTC's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to TWTC and other similar user of such facilities. Section 17. Repealer. Ordinance No. 2231 is hereby repealed. Section 18. 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 and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Fiaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit A — Exhibit B — Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: tw telecom of Washington ilc — Fiber Optic System Description and Route Map tw telecom of Washington Ilc — Franchise Agreement Acceptance Form W: Word ProcessinglOrdinancesltw telecom franchise agreement 1 -28 -14 FI:bjs Page 11 of 11 175 176 EXHIBIT A — Page 1 tw telecom of washington llc (TWTC) Fiber Optic System Description TWTC currently has a fiber optic system along Interurban Avenue South. On Interurban Avenue South, the system continues east to Boeing Access Road and heads north on Airport Way South into Seattle. TWTC purchased• telecommunications conduits from McLeod USA and installed a fiber optics infrastructure. The fiber optic system is located on East Marginal Way from Interurban Avenue South to South 133rd Street. It continues east on South 133rd Street to Interurban Avenue South. McLeod USA and TWTC fiber optic systems are in common manholes at each tie -in point on Interurban Avenue South. TWTC's fiber optic system also serves customers in the Commercial Business District, starting from a vault on Interurban Avenue South and Family Fun Center Way and heading to Southcenter Boulevard. On the north side, attached to the bridge portion of Southcenter Boulevard, the system heads to the Christianson Trail on the west side of the Duwamish River, then heads south to the intersection of Tukwila Parkway and Christensen Trail. TWTC's system continues westerly on the south side of Tukwila Parkway to the intersection of Andover Park West and Tukwila Parkway. From the west side of Andover Park West, the system heads south to Corporate Drive North. At this location, the system heads back north across the Corporate Drive North then west on the north side of Corporate Drive North, and terminates into a telecommunications vault. Beginning at an existing communications vault located on the south west corner of Corporate Drive North and Andover Park West, TWTC's system proceeds east across Andover Park West to the eastside at which point it turns and proceeds south along the eastside of Andover Park West to where it enters King County Housing Authority located at 600 Andover Park West. 177 178 "1k Exhibit A TWTC Fiber Optic Systei Map W ,PW Eng GIS,,P,ojects F -an WR ■Ber OBCTWTC Ti mr„d Date 01.), 4/14 By R LtrIsao 179 180 Date: EXHIBIT B tw telecom of washington Ilc Franchise Agreement Acceptance Form City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila, WA 98188 Re: Ordinance No. , adopted on Dear City Clerk: In accordance with and as required by Section 4 of City of Tukwila Ordinance No. , passed by the City Council and approved by the Mayor on (the "Ordinance "), tw telecom of washington, Ilc hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, Signature Printed Name and Title cc: Frank Iriarte, Public Works Department, City of Tukwila 181 182 UTILITIES COMMITTEE Meeting Minutes February 3, 2014 — 5:15 p.m. — Foster Conference Room, 6300 Building City of Tukwila Utilities Committee PRESENT Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Allan Ekberg Staff: David Cline, Bob Giberson, Robin Tischmak, Frank Iriarte, Gail Labanara, Ryan Larson, Mike Cusick, Pat Brodin, and Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Franchise Agreement with tw telecom of washington Ilc (TWTC) Staff is seeking Council approval of an ordinance that would renew a non - exclusive franchise to tw telecom of washington Ilc (TWTC) for the continued operation of a fiber optic cable system in the City rights -of -way for a five year term with an option for a one -year extension. TWTC will pay a $5,000 administrative fee for reimbursement of costs associated with this agreement. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. B. Change Order: Sewer Repair at 6450 Southcenter Boulevard Staff is seeking Council approval of a change order to Contract No. 13 -181 with Green River Construction, Inc. in the amount of $104,462.03 for the Sewer Repair at 6450 Southcenter Boulevard. This contract was originally approved in November 2013 to install a new manhole, clear blockages and make any other necessary repairs to the sewer main near the intersection of Southcenter Boulevard and 65th Avenue South. During initial excavation work, it was found that two orange fiber optic ducts had broken through the sewer line at multiple locations, resulting in an increase to the scope of the repair project as well as an extension of contract time for the completion of landscaping and irrigation work. The City will file a claim against Comcast for the damages to the sewer line and the costs incurred for the repair. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. C. Interlocal Agreement: Briscoe /Desimone Levee Staff is seeking Council approval of an interlocal agreement (ILA) with the City of Kent for repairs to the Briscoe /Desimone Levee. The Briscoe /Desimone Levee is located along the east side of the Green River between South 180th Street in Tukwila and South 200th Street in Kent. The King County Flood Control District assigned the City of Kent responsibility for the design and construction of setback levees retained by walls on the landward side, and this ILA will allow the City of Kent to perform work in the City of Tukwila. The agreement authorizes the work, designates SEPA authority, grants condemnation authority and allows work to commence. Staff from both cities participated in the drafting of the ILA, which requires Kent to meet Tukwila's shoreline regulations. Construction is expected to begin in early 2015 and no funds from Tukwila are required or anticipated at this time. Committee Chair Kruller mentioned a 2013 Council motion relating to the design work and asked staff to confirm no discrepancies between the language discussed then and the currently proposed ILA. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 10, 2014 COMMITTEE OF THE WHOLE. 183 184 Upcoming Meetings & Events February 2014 10th (Monday) 11th (Tuesday) 12th (Wednesday) 13th (Thursday) 14th (Friday) 15th (Saturday) ➢ Transportation Crate, 5:15 PM (Foster Conference Room, previously known as CR #1) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) ➢ Community Affairs & Parks Crate, 5:30 PM Hazelnut Conference Room, previously known as (CR #3) > Tukwila International Boulevard Action Crate, 7:00 PM (Community Center) ➢ Chamber of Commerce Gov't. & Community Affairs Crate, 11 AM - 1:00 PM (Community Center) Rescheduled from 2/4 ➢ COPCAB, 6:30 PM ( Duwamish Conference Room, previously known as CR #5) Note: Change in meeting date to 2 °d Thursday of the month). Restore the Duwamish Shoreline Challenge 1:00 - 4:00 PM Meet at the Green River Trail @ BECU Campus (12770 Gateway Drive) Visit: forterraorg /events for information & n. registration. 17th (Monday) 18th (Tuesday) 19th (Wednesday) 20th (Thursday) 21st (Friday) 22nd (Saturday) Presidents Day City offices closed imo 1 i ➢Utilities Crate, 5:15 PM (Foster Conference Room, previously known as CR #1) ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) ➢Parks Commission, 5:30 PM (Community Center) ➢ Finance & Safety Crate, 5:30 PM (Hazelnut Conference Room) Tukwila Preschool Open House 6:00 - 7:00 PM (Community Center) Come meet they, teacher, see the classroom, and learn about the program. (Beginning in September 2014). ➢ Tukwila Historical Society, 7:00 PM (Tukwila Heritage & Cultural Center, 14475 59th Ave S.) Tukwila Int'l. Action Crate's Trash Pickup 9:00 10:00 A. For location information contact Sharon Mann 206- 200 -3616 Blvd. Day AM or ➢ Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. ➢ Chamber of Commerce's Tukwila Government and Community Affairs Committee: Quarterly, 12:00 Noon, Chamber Offices. ➢ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf Room. Contact Kim Gilman at 206 -431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room (A) A grant submittal for the Chinook Wind Site. (B) An ordinance updating historic landmarks within the City. (C) A briefing on Freeway Interchange Signs. (D) An ordinance authorizing a Development Agreement with Odin Brewery. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Hazelnut Conference Room. Chris Partman (206- 431 - 2197). ➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Joyce Trantina at 206 - 433 -1850. ➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room ➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 -767 -2342. >Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206 -575- 2489. > Parks Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf Room (A) Overlay and Repair - East Marginal Way S. Supplemental Agreement No. 2. (B) TUC - Transit Center and Andover Pk. W Widening - Change Order Nos. 1&2. (C) I- 405 /SR 167 Corridor Funding and Phasing Report. (D) Transportation Committee Goals/WorkItem Ideas. ➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Joan Hernandez at 206 -248 -0260. >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., 5:15 PM, Foster Conf. Room 185 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. February 3 10 See agenda packet cover sheet for this week's agenda (February 10, 2014 Committee of the Whole Meeting). 18 (Tuesday) Unfinished Business: 24 Public Hearing: -A resolution adopting the City's Comprehensive Emergency Management Plan (CEMP). -A resolution establishing a City scholarship program for continuing education. -An ordinance adopting a new Park, Recreation and Open Space Plan for the City of Tukwila, and repealing Ordinance Nos. 2207 and 2213. - Authorize the Mayor to sign an Interlocal Agreement with the City of Kent for repairs to the Briscoe- Desimone Levee. - Authorize the Mayor to sign Change Order #1 to Contract #13 -181 with Green River Construction for the Sewer Repair at 6450 Southcenter Blvd. project in the amount of $104,462.03. -An ordinance granting a non - exclusive franchise to tw telecom of washington, llc, legally authorized to conduct business in the State of Washington, for the purpose of constructing, operating and maintaining a telecommunications system in certain public rights -of -way in the City, and repealing Ordinance No. 2231. An ordinance authorizing a Development Agreement with Odin Brewery. Special Issues: -An ordinance authorizing a Development Agreement with Odin Brewery. _Historic Preservation: An ordinance updating historic landmarks within the City. An amendment to the ILA with King County relating to Historic Preservation. March 3 Unfinished Business: 10 17 Special Presentation: 24 -An ordinance authorizing a Development Agreement with Odin Brewery. - Historic Preservation *An ordinance updating historic landmarks within the City. *An amendment to the ILA with King County relating to Historic Preservation 2013 Police Annual Report. 186