HomeMy WebLinkAboutReg 2015-03-16 COMPLETE AGENDA PACKETTukwila City Counci/ Agenda
• ❖ REGULAR MEETING ❖
Jim Haggerton, Mayor Counci /members: • :- Joe Duff ie • :- Dennis Robertson
David Cline, City Administrator Allan Ekberg • :- Verna Seal
Kate Kruller, Council President Kathy Hougardy De'Sean Quinn
Monday, March 16, 2015; 7:00 PM • Ord #2471 • Res #1857
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. SPECIAL
Residential Focus Areas. Mike Villa, Police Chief.
PRESENTATION
3. CITIZEN
At this time, you are invited to comment on items not included on this agenda
COMMENT
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
4. CONSENT
a. Approval of Minutes: 3/2/15 (RegularMtg.)
AGENDA
b. Approval of Vouchers.
c. Authorize the Mayor to sign a contract with David Evans and Associates
Pg.1
for the BNSF Intermodal Facility Access Project in the amount of
$299,999. (Reviewed and forwarded to Consent at the Committee of the
Whole meeting on 319115.)
Please refer to 319115 C.O. W. packet. Q
d. Authorize the expenditure of $6,500.00 from lodging tax funds for the
Pg.3
purchase of 20 light pole banners to be installed around the Starfire
Sports Complex. (Reviewed and forwarded to Consent at the Committee
of the Whole meeting on 319115.)
Please refer to 319115 C.O. W. packet. Q
e. Authorize the Mayor to sign a contract with KPFF Consulting Engineers for
Pg.5
the design of the Fort Dent Park BNSF Sewer Relocation Project in the
amount of $156,877.00. (Reviewed and forwarded to Consent by Utilities
Committee on 3110115.)
f. Authorize the Mayor to sign a reclaimed water service and use area
Pg.31
agreement with King County and Starfire Sports. (Reviewed and
forwarded to Consent by Utilities Committee on 3110115.)
(continued...)
REGULAR MEETING
Monday, March 16, 2015
Page 2
5. UNFINISHED
a. An ordinance relating to contracting indebtedness; providing for the
Pg.55
BUSINESS
issuance, sale and delivery of not to exceed $6,250,000 aggregate
principal amount of Limited Tax General Obligation Bonds to provide
funds to pay or reimburse the City for the cost of road construction and
improvement projects and to pay the costs of issuance and sale of the
bonds; fixing or setting parameters with respect to certain terms and
covenants of the bonds; appointing the City's designated representative
to approve the terms of the sale of the bonds.
b. An ordinance amending Ordinance Nos. 2464 and 2465 to conform debt
Pg.79
service payment dates.
c. Authorize the Mayor to sign an Interlocal Agreement amending Interlocal
Pg.89
Agreement #12 -071 with King County to extend animal control services
through December 31, 2017.
Please refer to 319115 C.O. W. packet. Q
d. An ordinance approving and authorizing the Development Agreement with
Pg.91
Tukwila TSD, LLC, for the shared use of parking in the public right -of -way
of Christensen Road as it relates to the planned development of a hotel
located at 90 Andover Park East.
6. NEW BUSINESS
7. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report
Pg.111
d. City Attorney
e. Intergovernmental
S. MISCELLANEOUS
9. EXECUTIVE SESSION
10. 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 riles 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 1 st 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:
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.
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.
COUNCIL AGENDA SYNOPSIS
nitialf
Meeting Date
Prepared by
yieY,
Mq4or' r
Council review
11/24/14
BG
ff
❑ Ordinance
Af g Date
03/09/15
BG
❑ Other
Altg Dau,
SPONSOR ❑ Council [:] Mayor ❑ HR ❑ DCD ❑ linanc-6, [:] Fire ❑ IT ❑ P&RE] Police ZPV
03/16/15
BG
Allilt C,
FIX11FINDITURF RI QUIRT D AMOUNT BUDGETED APPROPRIATION REQUIRED
$299,999.00 $300,000.00 $0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 13, 2015 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
ITEM INFORMATION
ITEM NO.
4.C.
777FAFFSPONSOR:
BOB GIBERSON
11/24/14
A(,&'INDA ITF)dTITH," BNSF Intermodal Facility Access Project
Consultant Contract, Scope of work, and Fee with David Evans & Assoc.
CATFIGORY E Dij-cWffion
All
,g bate 03109115
Motion
Aftg Date 03116115
❑ Resolution
Altg Date
❑ Ordinance
Af g Date
F-1 Bid,,Ixard
Aft
,g Date
[:] Public Hearing
AItg Date
❑ Other
Altg Dau,
SPONSOR ❑ Council [:] Mayor ❑ HR ❑ DCD ❑ linanc-6, [:] Fire ❑ IT ❑ P&RE] Police ZPV
SPONSOR'S The Committee of the Whole was presented with the consultant selection and draft scope
SUMMARY of work for the BNSF Intermodal Facility Access Project on November 24, 2014 for
discussion. Council comments have been addressed in the finalized scope and fee. There is
a 50% funding agreement with BNSF for this contract. Council is being asked to approve
the David Evans and Associates' contract, scope of work, and fee to perform the analysis
required for the BNSF Intermodal Facility Access Project.
Rj,xii,,,W1,A) BY Z cow mtg. [:] CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/24/15 COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works Department
COST IMPACT / FUND SOURCE
FIX11FINDITURF RI QUIRT D AMOUNT BUDGETED APPROPRIATION REQUIRED
$299,999.00 $300,000.00 $0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 13, 2015 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
Council discussion on consultant selection and scope
03/09/15
Forward to next Regular Meeting Consent Agenda
03/16/15
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/21/14
David Evans & Associates' Draft Scope of Work
03/9/15
Informational Memorandum dated 03/06/15
Vicinity Map
Page 13, 2015 CIP
David Evans & Associates' consultant contract, scope of work, and fee
03/16/15
No attachments
COUNCIL AGENDA SYNOPSIS
---------------------------------- lnilialS - --------------------------------- I ITEMNO.
Meeliq Date
Prepared b y
Mayor's review
, oullcil rePhly,)—
03/09/15
BM
I A
F-1 Ordinance
AV Date
03/16/15
BM
F-1 Other
Altg Date
SPONSOIZ ❑ Council Z Mayor ❑ 11R ❑ 1XD ❑ finance ❑ ( "ire ❑ 17' ❑ P&R ❑ Police [:] PV
SPONSOWS Staff is requesting $6,500 in lodging tax funds to install up to 20 light pole banners around
the Starfire sports complex. The banners will be installed along Fort Dent Way and
Interurban Avenue. The banners will be used to promote S2 games and the Sounders at
the Starfire Sports Complex.
Ri,,Xii;wi,m iiy ❑ COW Mtg. ❑ CA&P Cmte Z F&S Crete ❑ Transportation Cnite
❑ Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. F-1 Plant-ling Comm.
DATE: 3/3/15 C0MMF1 1'El-1,ClJA1R: HOUGARDY
RECOMMENDATIONS:
SPONSOR /-ADNIIN- Economic Development
(-,()m,%t HTFA � Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
Exn N D ITU R F' Rj,"QUIRFI) AmotjN,r BUDGETED APPROPRIATION REQUIRED
$6,500 $0.00 $6,500
Fund Source: LODGING TAX FUNDS
Comments: Funds will come from the City's estimated 2015 ending balance of $389,674.
MTG. DATE
RECORD OF COUNCIL ACTION
03/09/15
4.D.
STAFF SIIONSOtt: BRANDON MILES
03/09/15
AG I NDA ITFAITITLF, Funding request to install street pole banners for Sounders 2 games.
Cxn;(;oRy ❑ Discussion
Aftg Date 03109115
Z Motion
All Date .3/`16/'15
❑ resolution
Altg Date
F-1 Ordinance
AV Date
❑ Bid-Award
Al g Date
F-1 Public I tearing
Aftg Dale
F-1 Other
Altg Date
SPONSOIZ ❑ Council Z Mayor ❑ 11R ❑ 1XD ❑ finance ❑ ( "ire ❑ 17' ❑ P&R ❑ Police [:] PV
SPONSOWS Staff is requesting $6,500 in lodging tax funds to install up to 20 light pole banners around
the Starfire sports complex. The banners will be installed along Fort Dent Way and
Interurban Avenue. The banners will be used to promote S2 games and the Sounders at
the Starfire Sports Complex.
Ri,,Xii;wi,m iiy ❑ COW Mtg. ❑ CA&P Cmte Z F&S Crete ❑ Transportation Cnite
❑ Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. F-1 Plant-ling Comm.
DATE: 3/3/15 C0MMF1 1'El-1,ClJA1R: HOUGARDY
RECOMMENDATIONS:
SPONSOR /-ADNIIN- Economic Development
(-,()m,%t HTFA � Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
Exn N D ITU R F' Rj,"QUIRFI) AmotjN,r BUDGETED APPROPRIATION REQUIRED
$6,500 $0.00 $6,500
Fund Source: LODGING TAX FUNDS
Comments: Funds will come from the City's estimated 2015 ending balance of $389,674.
MTG. DATE
RECORD OF COUNCIL ACTION
03/09/15
Forward to next Regular Meeting Consent Aqpnda
MTG. DATE
ATTACHMENTS
03/09/15
Informational Memorandum datd 2/18/15
Draft mock ups of banners (subject to change)
Minutes from the Finance and Safety Meeting of 3/3/15
3/16/15
No attachments
0
COUNCIL AGENDA SYNOPSIS
nilials
Meeliq Dale
pi-epared by a-
2iv,
Y4 orli, e)p
(Council review
03/16/15
BG-W
0 ,
❑ Ordinance
AftR Date
❑ Bid Award
Altg Dale
❑ Public Hearin,{
Mtn; Date
❑ Other
Af g Date
SPONSOR ❑ Council ❑ Mayor ❑ I IR ❑ DC-D E] Finant'e [:] Fire ❑ IT ❑ Pe',',R ❑ Police Z Pr
SPONSOR'S This contract is for design of the Fort Dent Park BNSF Sewer Relocation Project. Three
engineering firms were evaluated and KPFF was determined to be the most qualified. The
project includes relocating the sewer line in Fort Dent Park as BNSF Railroad is adding a
third set of tracks through the Fort Dent area. Council is being asked to approve the design
contract with KPFF in the amount of $156,877.00.
Ri,'1vi1,'1'%'F1I) BY ❑ cow mtg. ❑ CA&P Crate ❑ F&S Cmte ❑ Transportation Cmte
Z Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 03/10/15 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSM/ADNIIN• Public Works Department
C 'N' FI-F' "I ?' Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
I FXIIF'NDITURV RE(21-jiRFID AMOUNT BUDGETED APPROPRIATION REQUIRED
$156,877.00 $500,000-00 $0.00
Fund Source: 301 PARKS (PAGE 33, 2015 CIP)
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
03/16/15
ITEM INFORMATION
ITEM NO.
4.E.
ISTt\
FF SPONSOR: BOB GIBERSON
03/16/15
A(,&"NI)A I'll,NITITLE Fort Dent Park BNSF Sewer Relocation
Consultant Agreement with KPFF Consulting Engineers
❑ Discussion
M g Date
❑ Motion
Aftg Date 03116119
❑ Resolution
Aft g Dale
❑ Ordinance
AftR Date
❑ Bid Award
Altg Dale
❑ Public Hearin,{
Mtn; Date
❑ Other
Af g Date
SPONSOR ❑ Council ❑ Mayor ❑ I IR ❑ DC-D E] Finant'e [:] Fire ❑ IT ❑ Pe',',R ❑ Police Z Pr
SPONSOR'S This contract is for design of the Fort Dent Park BNSF Sewer Relocation Project. Three
engineering firms were evaluated and KPFF was determined to be the most qualified. The
project includes relocating the sewer line in Fort Dent Park as BNSF Railroad is adding a
third set of tracks through the Fort Dent area. Council is being asked to approve the design
contract with KPFF in the amount of $156,877.00.
Ri,'1vi1,'1'%'F1I) BY ❑ cow mtg. ❑ CA&P Crate ❑ F&S Cmte ❑ Transportation Cmte
Z Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 03/10/15 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSM/ADNIIN• Public Works Department
C 'N' FI-F' "I ?' Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
I FXIIF'NDITURV RE(21-jiRFID AMOUNT BUDGETED APPROPRIATION REQUIRED
$156,877.00 $500,000-00 $0.00
Fund Source: 301 PARKS (PAGE 33, 2015 CIP)
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
03/16/15
MTG. DATE
ATTACHMENTS
03/16/15
Informational Memorandum dated 03/06/15
Page 33, 2015 CIP
Qualification Review
Consultant Agreement, Scope of Work, and Fee
Minutes from the Utilities Committee meeting of 03/10/15
5
City of Tukwila
Jim Haggerton, Mayor
TO:
Mayor Haggerton
Utilities Committee
FROM:
Bob Giberson, Public Works Director
BY:
Mike Cusick, Program Manager/Senior Engineer
DATE:
March 6, 2015
SUBJECT:
Fort Dent Park BNSF Sewer Relocation
Project No. 91530101
Consultant Agreement
ISSUE
Approve KPFF Consulting Engineers (KPFF) to perform engineering services for the Fort Dent
Park BNSF Sewer Relocation.
BACKGROUND
The sanitary sewer from Fort Dent Park is piped under the Burlington Northern Santa Fe
(BNSF) railroad tracks to the King County Metro treatment plant in Renton. BNSF will be adding
a third set of tracks through the Fort Dent Park area and is requiring that the existing sewer line
be relocated.
ANALYSIS
City of Tukwila staff reviewed engineering firms listed on the Municipal Research and Services
Center (MRSC) Roster and short-listed three firms. KPFF was chosen for the project and they
have completed work for the City of Tukwila in the past and their work has been satisfactory.
FISCAL IMPACT
The scope of work is included on page 33 of the 2015 CIP and will be coming from the design
and construction budget for the project.
Consultant's 2015 CIP
Agreement Fort Dent Budget
Sewer Relocation Design $156,877.00 $500,000.00
RECOMMENDATION
Council is being asked to approve the agreement with KPFF Consulting Engineers for the
design of the Fort Dent Park BNSF Sewer Relocation Project in the amount of $156,877.00 and
consider this item on the Consent Agenda at the March 16, 2015 Regular Meeting.
Attachments: page 33, 2015 CIP
Qualification Review
Consultant Agreement
W:\PW Eng\PROJECTS\A- PK ProjectsTort Dent Park BNSF Sewer Relocation (91530101)\Info Memo KPFF 03-06-15 - sb gAocx
7
CITY OFTWKVULA CAPITAL PROJECT SUMMARY
2015 to 2020
PROJECT: Fort Dent Park Project Nos. 90330107
DESCRIPTION:
Regional park of 52 acres requires ongoing capital and maintenance improvements.
The City has assumed m�orpark �pmimand mai�enuncefor the picnic aea.parNnglot, one soccer
JUSTIFICATION:
'
field, trail, pond and all major infrastructure.
Funding listed in 2015 through 2020 is for a phased approach to the remaining parking lot repairs in
on�unctionwith the Annual Overlay & Repair Pmgnam.Apo�innof the parking lot ovadaywas oomp|�ed
STATUS �
with parking tax dollars in 2011 and another portion in 2014. For 2015, $500k is designated for a potential
275
BNSF Railroad sewer relocation. Replacement of the small play structure is listed for $250k in Beyond.
MA|NT.|MPACT:
Ongoing effort from all departments involved; Parks, Streets, Water, Sewer, and Surface Water.
10
King County iran�ermdFo�Dent Park to the City of Tukwila in20U3. Concessionaire ag�emontwith
�
COMMENT:
Gturfim Sports Complex. A new playground was installed in2OO8 and mstmnme were remodeled in201U.
FINANCIAL
Through Estimated
on$nnn'q)
2013 2014 2015 2016 2017 2018 2019 2020 BEYOND TOTAL
EXPENSES
Design
275
20
10
10
10
10
10
10
355
Const. Mgmt.
30
15
15
15
15
15
15
120
Construction
1,292
200
600
100
100
100
100
100
250
2,842
TOTAL EXPENSES
1,567
250
625
125
125
125
125
125
250
3,317
FUND SOURCES
Awarded Grant
694
694
Parking Taxes
50
50
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
823
250
625
125
125
125
125
125
250
2,573
TOTAL SOURCES
1,567
250
625
125
125
125
125
125
250
3,317
2015 -202 Capital Improvement Progra 33 �
The review of qualifications were based on MSRC Rosters
Fort Dent Park BNSF Sewer Relocation Qualification Review
David
RELEVANT PROJECT EXPERIENCE KPFF Evans HDR
Rail Experience
9.00
8.00
8.00
Design of Sanitary Sewers
9.00
9.00
9.00
Surveying in House
8.00
8.00
7.00
Utility Relocation
8.00
8.00
8.00
Total out of 40 points
34.00
33.00
32.00
FIRM RANKING
1
2
3
Highest number of points is most qualified.
Ranking: 1 = Best
W: \PW Eng \PROJECTS \A - WT Projects \Foster Golf Reclaimed Water (92 -WT06) \Qualification Review.xlsxQuaIification Review.xlsx
10
City of Tukwila Contract Number:
• 6200 Southcenter Boulevard, Tukwila WA 98188
CONSULTANT AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City ", and KPFF Consulting Engineers, hereinafter referred to as "the Consultant ",
in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Proiect Designation. The Consultant is retained by the City to perform Professional
Engineering services in connection with the project titled Relocation of the Fort Dent Park
Sanitary Sewer Force Main under the BNSF Railroad Tracks.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending March 31, 2016, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than March 31, 2016 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $156,877.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
11
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised : 1 -2013 Page 2
12
2. Commercial General Liabilitv insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A: VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
CA revised: 1-2013
Page 3
13
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised: 1 -2013
14
Page 4
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPFF Consulting Engineers
1601 Fifth Avenue Suite 1600
Seattle, WA 98101
18. Entire Agreement-, Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this day of 20
CITY OF TUKWILA CONSULTANT
Mayor, Jim Haggerton
AttestJAuthenticated:
City Clerk, Christy O'Flaherty
CA revised : 1-2013
By:
Printed Name: Carol
Title:
Approved as to Form:
Office of the City Attorney
Page 5
15
16
City of Tukwila
Sanitary Sewer Force Main Relocation
Scope of Work (Revised)
EXHIBIT A
SCOPE • WORK
SANITARY SEWER FORCE MAIN RELOCATION
I Task 1.00 — Project Management I
Subtask 1.01 Project Administration
Project administration services will include conducting meetings, monitoring work, collecting
information from the design team and preparing monthly reports.
Subtask 1.02 City Coordination Meetings
There will be bi-weekly meetings between KPFF and the City. Individual team members will be
required to attend these meeting when their input is required.
Subtask 1.03 Team Coordination Meetings
KPFF will schedule, plan and lead periodic project meetings for each major phase of the work
and will prepare and maintain meeting minutes.
Subtask 1.04 Subconsultant Management & Coordination
If requested, KPFF will manage subconsultants on this contract (see Task 10 Miscellaneous
Studies).
Subtask 1.05 Quality Assurance
KPFF will provide the City with Plans, Specifications and Estimates (PS&E) documents to
review at 30%, 60%, and 90% completion. The City will send the PS&E to stakeholders and
will collect/compile stakeholder review comments in conjunction with the City review.
Subtask 1.06 Preliminary BNSF — Right of Entry Approval
It will be required to obtain a Right-of-Entry from BNSF for the survey and utility pot-holing
tasks. We will prepare one sketch locating the area to be surveyed, highlighting the proposed
sewer reroute location and meet with BNSF to discuss the project and to gain right-of-entry.
We will also discuss future BNSF work and their design and construction constraints for the
sewer crossing design.
Task 2.00 — Survey
This task includes work related to conducting a boundary and topographic survey, preparing a
survey base map for design and preparing a preliminary sewer easement. A utility locate
service and ground penetrating radarservices will be utilized. This work will be shown as a
reimbursable expense. In addition, utilities will be pot-holed to confirm depth and location. Work
also includes coordination with authorities including: utility providers, King County Metro,
Starfire Sports complex, BNSF Railway.
Subtask 2.01 Survey and Base Mapping
Field work and base mapping will be performed. Preliminary easements will be prepared. See
Task 9 for final easements and record survey work.
Subtask 2.02 Utility Locates & Potholing Services
KPFF will arrange and coordinate utility locates, and potholing services.
03/03/15
Page 1
NV-0111410-11
17
City of Tukwila
Sanitary Sewer Force Main Relocation
Scope of Work (Revised)
Subtask 2.03 Ground Penetrating Radar
KPFF will arrange and coordinate ground penetrating radar services.
2.04 BNSF Permit and Flagger
KPFF will arrange and coordinate the BNSF track access permit and flagger.
2.05 Preliminary Easements
Prepare preliminary easement exhibit and description for relocated sanitary sewer. The final
easement and recording will be performed under Task 9.
Task 2.1 — Geotechnical Engineering I
Geotechnical Engineering will be provided by HWA Geosciences. See the enclosed proposal
from HWA regarding their scope of work. HWA will arrange and coordinate with BNSF flagger,
permitting, and drilling provider.
Task 2.20 — Environmental Services -1
Environmental services will be provided by Clearway Environmental. See the enclosed
proposal from Clearway regarding their scope of work.
I Task 3 — Stakeholder Support I
Subtask 3.1 BNSF Coordination
KPFF will support the City of Tukwila in coordination efforts in coordinating this project with the
BNSF Railway. KPFF will prepare technical documents and will, when requested, attend
coordination meetings arranged by the City.
Subtask 3.2 Agency Coordination and Meetings
KPFF will support the City of Tukwila in coordinating this project with affected or interested
public agencies. KPFF will prepare technical documents and will, when requested, attend
coordination meetings by the City with public agencies having interests in this project. KPFF
will prepare and keep meeting minutes for each meeting.
Subtask 3.4 Permit/Agreement Support
KPFF will support the City of Tukwila with the project permitting for the Sanitary Sewer
Replacement project. KPFF will support the City staff with coordination with utility companies
and agencies having jurisdiction. KPFF will prepare technical material including drawings,
specifications and reports for application for permits and agreements.
It is assumed that any soil contamination and hazardous materials on the site will be abated
and remediated by other authorized agents working for the City of Tukwila. The selected
contractor will obtain all construction permits, other than required documentation for the sewer
construction permit. The contractor will obtain all permits for disposal for soil and demolition
debris.
KPFF will support the City in obtaining the following permits and agreements:
03/03/15
im
Type C (Infrastructure and Grading Permit on Private Property and City Right-of-Way
and disturbance of City Right-of-Way)
BNSF Right-of-Entry for survey work and potholing
Page 2
WUWIADW-11
City of Tukwila
Sanitary Sewer Force Main Relocation
Scope of Work (Revised)
• Utility Permits
• Easements
We anticipate this project will need a SEPA checklist and/or a Shoreline Exemption
approval depending if it is within 200-ft shoreline buffer of the Green River. We will assist
the City by providing discipline specific write-ups for the SEPA checklist. This includes
stormwater (KPFF), soils (by HWA) and environmental (Clearway) sections.
Subtask 3.5 Preliminary Storm Drainage Analyses
A preliminary storm drainage analysis will be prepared to determine if mitigation will be
required.
I Task 4 — Preliminary Design Development (0-30%)
Subtask 4.0 Establish Design Criteria - Memo
Design criteria will be established for the sanitary sewer relocation based on City and
stakeholder criteria. Constructability issues associated with a jack and bore pipe installation
method or directional drilling will be determined. A performance specification for the installation
will be provided in the construction documents.
Subtask 4.1 Preliminary Concept Plans
KPFF will prepare preliminary level drawings for the project per City of Tukwila drafting
standards. Drawings will include all basic dimensions and features. These drawings will not
include details.
Subtask 4.1 Outline Specifications and Cost Estimate
Technical specifications will be prepared in an outline format using the WSDOT standard
specifications format.
KPFF will provide an estimate of probable construction cost based on the preliminary drawings
and specifications. The factors that generate the final burdened cost will be presented,
including escalation, mobilization, contractors' overhead and profit.
Subtask 4.4 Preliminary Design Submittal Review (2 week period)
City of Tukwila will review the preliminary design submittal. A period of two weeks will be
allotted for this review.
I Task 5 — Progress Design Submittal (60% Complete) I
Subtask 5.1 Progress Plans, Specs & Cost Estimate
• KPFF will provide progress level drawings of the project, incorporating review
comments from the previous submittal.
03/03/15
General conditions and technical specifications will be prepared in standard WSDOT
format.
o The City will provide the general conditions Divisions 0 and 1 for these
specifications. KPFF shall provide input to the City on the general conditions with
respect to Bid form or similar information required by the City of Tukwila.
Page 3
EXHIBIT A
19
City of Tukwila
Sanitary Sewer Force Main Relocation
Scope of Work (Revised)
KPFF will provide an estimate of probable construction cost based on the progress
drawings and specifications.
o This cost estimate will be based on quantity takeoffs from the progress drawings
and materials contained in the technical specifications. The factors that generate the
final burdened cost will be verified at this point in time. Design and construction
contingencies for each remaining level of design documentation completion (60%,
90% and 100%) will be proposed.
Subtask 5.2 Progress Submittal Review (2 week period)
City of Tukwila will review the preliminary design submittal. A period of two weeks will be
allotted for this review. KPFF will answer questions and provide written clarifications of aspects
of the design to the City during this period.
I Task 6 — Complete Design Submittal (90% Complete) I
The documents generated at this phase of design will be the Construction Permit documents
for the project.
Subtask 6.1 Complete Progress Plans, Specifications and Cost Estimate
• KPFF will provide drawings for all elements of the project, incorporating review
comments from the previous submittal.
General conditions and technical specifications will be prepared in standard WSDOT
format. These specifications constitute complete contract specifications.
KPFF will provide an estimate of probable construction cost based on the complete
drawings and specifications.
Subtask 6.2 Construction Permit Submittal (2 week period)
City of Tukwila and other approval/permitting agencies will review the design submittal for
permit issuance. A period of two weeks will be allotted for this review.
Subtask 6.3 Final Storm Drainage Report
KPFF will finalize all drainage calculations required to permit the project and to validate any
design aspects of the project.
Subtask 6.4 Complete Design Submittal Review (4 week period)
City of Tukwila will review the preliminary design submittal. A period of four weeks will be
allotted for this review.
Task 700 — Final Design Submittal (100% Complete)
The design will be as represented in the complete level design documents. The documents
generated at this phase of design will be the Bid documents for the project.
Subtask 7.1 Final Construction Permit Submittal (2 week period)
City of Tukwila and other approval/permitting agencies will review the final design submittal for
permit issuance. A period of two weeks will be allotted for this review.
Subtask 7.2 Final PS&E for Bid
• KPFF will provide final drawings for all elements of the project.
03/03/15
20
Page 4
General conditions and technical specifications will
format and they constitute final contract documents.
and coordinated with the final drawings.
City of Tukwila
Sanitary Sewer Force Main Relocation
Scope of Work (Revised)
be prepared in standard WSDOT
These specifications are edited
Subtask 7.3 Final Reports and Calculations
KPFF will provide all reports and calculations required to permit and bid the project.
Subtask 7.4 Projected Construction Schedule (CPM format)
KPFF will provide an estimated Critical Path Method (CPM) format construction schedule for
the project.
I Task 8 — Contract Bidding Assistance I
Subtask 8.1 Respond to Bidder Questions
KPFF will assist the City of Tukwila in making responses to bidder's questions regarding the
bid documents. Circulation of written clarification to all bidders is done by the City.
Subtask 8.2 Pre-Bid Conference, Site Visit, Bid Opening
KPFF will attend one pre bid conference and one pre bid site visit that is arranged and run by
the City of Tukwila and assist the City in answering prospective bidder's questions regarding
the bid documents.
Subtask 8.3 Assist in Bid Evaluation
KPFF will assist the City in evaluating the bids for the project. KPFF will not perform reference
or financial checks on contractors nor will KPFF assist in determining bonding or financial/legal
background of the bidders.
I Task 9 — Construction Assistance I
Subtask 9.1 Construction Observation and Field Reports
Not included.
Subtask 9.2 RFI Response
KPFF will assist the City in making responses to the Contractor's "Request for Information"
questions regarding the construction documents. These responses will include interpretation
and clarifications of the construction documents as required. We assume 4 RFI responses.
Subtask 9.3 Submittal Review
KPFF will review technical submittals including shop drawings; product cut sheets, materials
certifications and similar information provided by the contractor to confirm their conformance
with the project drawings and specifications. We will review 2 submittals.
Subtask 9.4 As-built Plans
Not included.
Subtask 9.5 Final Easements
KPFF will produce a final easement exhibits for the relocated sanitary sewer at the completion
of construction based on the contractor's red-marked drawing set made during construction.
KPFF will assist the City with recording the easement. Drawings will not be revised and
03/03/15 Page 5 EXHIBIT A
21
City of Tukwila
Sanitary Sewer Force Main Relocation
Scope of Work (Revised)
released on an intermittent basis during construction to reflect changes made during
construction. Deliverables are expected to be exhibit map depicting the new sewer line and a
description of the new line per the installed location, City staff will be responsible for recording
of the easement documents.
I Task 10 — Miscellaneous Studies I
If the City chooses, KPFF can add the following services to our team and provide assistance
for studies as directed by City.
Subtask 10 Environmental Documentation and Permitting
Environmental assistance to prepare a Shoreline Exemption application will be provided by
Clearway Environmental. documentation is not included in this scope of work at this time.
KPFF can provide assistance for studies as directed by the City of Tukwila.
03/03/15
22
EXHIBIT
Project Cost Estimate
Tukwila Sewer Force Main Relocation
Tukwila, Washington
Prepared for KPFF
Scope of Work
1.) Prepare BNSF permit for geotechnical explorations and submit to BNSF.
2.) Visit site to mark borehole locations during locates provided by KPFF.
3.) Drill 2 exploratory boreholes. One borehole will be located east of the BNSF tracks and one borehole will be located near the existing pump station at
the southeast corner of the Starfire Sports Complex. We anticipate borehole depths of 40 to 50 feet each. Boreholes will be backfilled per DOE.
4.) Perform laboratory testing on soil samples obtained from the boreholes. Lab testing to include grain size analyses, Atterberg limits (if appropriate),
direct shear testing, triaxial shear strength testing, and consolidation testing.
5.) Perform engineering analyses using the results of the exploration program and lab testing to develop recommendations for bore and jack beneath the
BNSF railroad tracks. We will provide recommendations for jacking and receiving pits, dewatering, excavations, temporary shoring, and bore and jack
operations.
6.) Prepare a draft geotechnical engineering report. This report will be finalized upon receipt of review comments from the design team.
7.) Provide project management and communication with the design team and BNSF.
UWAGEOSCIENCES INC.
HWA Ref: 2015 -017
Date: 6- Feb -15
Prepared By: BKH
Nnniitng
ESTIMATED HWA LABOR:
WORK TASK
DESCRIPTION
Est. No.
Tests
PERSONNEL & 2015 HOURLY RATES
Grain Size Distribution
8
Principal
$72.00
Sr Engr.
I $50.96
Engr. V I Engr. II Geol. II
$49.52 i $27.88 $23.50
' CAD
1 $22.07
Clerical
$20.82
TOTAL
HOURS
TOTAL
AMOUNT
Project Setup
Triaxial (c -u) 3 Points
2
$1.350
$2,700
Consolidation
I
2
$ 102
Prepare & Submit BNSF Permit
2
4
6
$196
Mark Boreholes during Utility Locates
8
8
$408
Perform Borehole Explorations
4
16
20
$580
Generate Borehole Logs & Assign Lab Testing
2
4
6
$196
Engineering Analyses
4
8
12
24
48
$1.959
Prepare Draft Geotechnical Report
2
12
16
4
4
38
$1.384
Finalize Geotechnical Report
2
4
2
2
10
$434
Review Plans and Specifications
4
8
12
$696
Consul tation / Project Management
8
8
$408
TOTAL LABOR CHARGES:
LABORATORY TEST SUMMARY:
58
Test
Est. No.
Tests
Unit Total
Cost Cost
Grain Size Distribution
8
$95 i $760
Atterberg Limits
4
$155 I $620
Direct Shear (3 Points)
I
$510
1 $510
Triaxial (c -u) 3 Points
2
$1.350
$2,700
Consolidation
I
$600
$600
LABORATORY TOTAL:
S5,190
40
28
ESTIMATED DIRECT EXPENSES:
58
S6,361
Mileage ,a $0.575 /mi
BNSF Permit Fee
Driller Fee
BNSF Flagger (Assumes I day)
Laboratory Testing
TOTAL DIRECT EXPENSES:
PROJECT TOTALS AND SUMMARY:
$150
$750
$8.000
$1.500
$5.190
S15,590 1
Direct Salary Costs
Overhead at 175 °4) of DSC
Fee Vic- 30% of DSC
Direct Expenses
GRAND TOTAL:
Tukwila Sewer Force Main Cost Estimate 02 -06 -15
$6.361
$11,132
$1.908
$15.590
S34,992
EXHIBIT A
Assumed Conditions:
1. All costs are estimated, and may be increased or decreased within the limits of the total budget at the discretion of HWA's project
manager.
2. No private utility locate will be required and we will mark our explorations during locate provided by KPFF.
3. This scope does not include costs for disposing of contaminated soils. If contaminated soils are identified during our explorations,
additional fees will be needed for disposal of the materials.
4. The scope of work is related solely to geotechnical and pavement engineering evaluation of site soil and ground water.
Neither identification nor evaluation of contaminants that may be present in the soil or ground water is included in this scope of work.
Tukwila Sewer Force Main Cost Estimate 02 -06 -15
19 off I I MI. I ff
February 9, 20]5
CamlPcmde
KPFF Consulting Engineers
I6Ol Fifth Avenue, Suite 1600
Seattle, WA98IOI
Subject: City of Tukwila Sewer Force Main Relocation Project
Scope and Fee Proposal
Dear Carol:
12�1111111111110
Thanks for the opportunity to provide this for environmental services for the
proposed sewer relocation project. This proposal is based on our discussions and e-
mails on February 6, 2015.
The City ofTukwila ioplanning to relocate a section O[sewer force main adjacent to the
Green River along the southern edge of the Starfire Soccer Complex.
«� �
�^������ Work
Our scope of work includes the services shown below:
Field Work
Field reconnaissance to delineate the ordinary high water mark o6 the Green River and
any associated wetlands. This includes two days ooahc for a team oftwo. The ordinary
high water mark and edge of any associated wetlands will be marked with labeled flags
or stakes. A hand-drawn map will be provided to show approximate locations offlags
or stakes ao they may be easily located by others for surveying.
Survey
KPFF will survey the flagged areas. Clearway Environmental will KpFF with
the setbacks/buffer requirements. I{yFFp/dl provide an electronic 6aacnmap showing the
delineation and setbacks/buffer.
Permitting
Clearway Environmental will provide m summary o[ environmental permits required
based onthe results nfthe field work and survey. Clearway Environmental
understands that the City assumes the environmental permitting will be limited to a
5002 13th Ave. South I Seattle, WA 98108
(206) 409-1862 1 chuddumnd@c|mnwayenxmm
*309rom
SBPA checklist, however, the permitting summary will be based on our own knowledge
and research.
D p��6 will This is
requested, exemption.
anticipated to require sixteen hours for coordination with KPFF and City ofTukwila
during development of the shoreline exemption application. This includes coordination
with KPFF on specific construction actions and with the City of Tukwila on the shoreline
exemption justification requirements of their permitting department. This estimate
assumes figures for the shoreline exemption appli ca d o� if required, will b e provided b
by
KI`FF and would likely include vicinity map and a drawing showing construction
limits within the Green River aetbmckm/boffcr.
This scope does not include obtaining any additional permits (beyond ashoreline
exemption) that are determined to be required as pad nf the permitting summary.
Fee
We propose to perform the field work, survey, and permitting summary services for a
total cost of$5,O40.00.Drequested, we propose to obtain mshoreline exemption fora
total additional cost of $2,240.00. Please see the enclosed spreadsheet for a breakdown
of costs by task.
Schedule
We are available to perform the fieldwork and survey tasks within one nr two weeks cd
request. We are able to begin the permitting tasks when we receive the drawing
showing construction limits and
If �w n�n��Qoumt2��O I��
you have c_--- ,- .
Chad Durand, P.E.
Principal
Enclosures
MCI
NONNIM
Fee Proposal
Clearwav
E n v i r o n m e n t a l
Prime: KPFF
City of Tukwila Sewer Force Main Relocation Project - Fieldwork, Survey, and Permitting
Task
Total Labor
I Reimb.
I Subconsultant
I
Subtotal
Hours
Cost
I Reimb.
I Cost
lw/Markupl
Cost
1 Field Work
32
$ 4,480
$ -
$ - $ -
$
4,480
2 Survey
2
$ 280
$
2801
3 Permitting Summary
2
$ 280
$ -
$ - $ -
$
2801
Total Project Hours and Costs (Tasks 1 to 3)
36
$ 5,040.00
$ -
$ - $ -
$
5,040.00
1 4 Obtain Shoreline Exemption (Additional) 16 $ 2,240 $ 2,240 1
27
W:
City o[ Tukwila
• Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
March 10, 2015 — 5:30 p.m. — Foster Conference Room, 6300 Building
Councilmembers: Dennis Robertson, Chair; De'Sean Quinn, Joe Duffie (Absent: Verna Seal)
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, Gail Labanara, Ryan
Larson, Mike Cusick, Laurel Humphrey
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:34 p.m.
I. PRESENTATIONS
11. BUSINESS AGENDA
A. NPDES Program: 2014 Annual Report and 2015 Surface Water Management Program
Staff provided an overview of the National Pollutant Discharge Elimination System (NPDES)
2014 Annual Report and 2015 Surface Water Management Program (SWMP) Plan. The Annual
Report reflects activities completed by the City in 2014. The SWMP Plan is required by the
NPDES Program to show that the City complies with requirements outlined in the NPDES Phase
11 permit, effective August 1, 2013. The SWMP Plan contains required elements including public
education and outreach, public involvement and participation, illicit discharge detection and
elimination, runoff control, and pollution prevention and operation and maintenance. Both
documents must be submitted to the Department of Ecology by March 31, 2015. Staff noted that
hiring of an NPDES Inspector as authorized in the 2015-2016 Budget adoption is underway.
INFORMATION ONLY.
B. Consultant Agreement: Fort Dent Park BNSF Sewer Relocation
Staff is seeking Council approval of an agreement with KPFF Consulting Engineers for the design
of the Fort Dent Park BNSF Sewer Relocation Project in the amount of $156,877.00. The
sanitary sewer from Fort Dent Park is piped under the BNSF railroad tracks to the King County
Metro treatment plant in Renton. BNSF will be adding a third set of tracks through the Fort Dent
Park Area, necessitating the relocation of the existing sewer line. KPFF was chosen from a short
list of three firms identified on the Municipal Research and Services Center Roster. One benefit
of the relocation project will be added capacity for the Starfire sports complex. UNANIMOUS
APPROVAL. FORWARD TO MARCH 16, 2015 REGULAR CONSENT AGENDA.
C. Interurban Water Reuse
Staff is seeking Council approval for renewal of the Reclaimed Water Service and Use Area
Agreement with Starfire Sports, Tukwila and King County for the use of reclaimed water for the
irrigation of the soccer fields at Fort Dent Park. King County must have end user agreements in
place to ensure compliance with their State Department of Ecology permit, and the 2009
agreement expired on August 25, 2014. If approved the renewed agreement will be in effect for
five years. UNANIMOUS APPROVAL. FORWARD TO MARCH 16, 2015 REGULAR
CONSENT AGENDA.
29
30
5A
re—ThNAWK-4
nifialf
MeefingDale Prepared by Maya , 're . ew Council rePieX
03/16/15 BG
ITEM INFORMATION
ITEM NO.
4.F.
I
31
STAFF SPONSOR: BOB GIBERSON 1
03/16/15
ITFINITITH," Reclaimed Water Service & Use Agreement with Starfire Sports
CxrlL'('()Ry ❑ Discussion
Altg Date
E Motion
Aft Date 03116115
❑ Resolution
Af�g Date
❑ Ordinance
Al/ Dale
❑ BidAnlard
Aftg Dale
❑ Public Hewinp
Aft g hate
❑ Other
Aft
,g Date
SP()N,S0R ❑ ("'ouncil ❑ major ❑ HR ❑ DCD ❑ Finance ❑ Eire ❑ IT ❑ P&RE] Police E PV
SPONSORS This agreement between Starfire Sports, the City, and King County is for the sale and
SU AIM ARY distribution of reclaimed water for sanctioned uses within the City. Starfire is seeking to
renew the 2009 agreement and this new agreement will be for 5 years. The agreement
includes a rate structure for potable water at 80% of the Seattle Public Utilities contract
base for wholesale potable supplies. Council is being asked to approve the Reclaimed
Water Service & Use Agreement with Starfire Sports.
BY ❑ COW mtg. ❑ CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte
Utilities Ctnte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
D,\'I'I,': 03/10/15 COMMITTER CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR/Ai)NtIN. Public Works Department
COM NI Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 401 WATER (PAGE 58, 2015 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/16/15
MTG. DATE
ATTACHMENTS
03/16/15
Informational Memorandum dated 03/06/15
Reclaimed Water Service & Use Agreement with Starfire Sports
Minutes from the Utilities Committee meeting of 03/10/15
F-
31
32
City of Tukwila
Jim Haggerton, Mayor
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director 'm
BY: Michael Cusick, P.E., Senior Program Manager
DATE: March 6, 2015
SUBJECT: Interurban Water Reuse
Project No. 99240106
Reclaimed Water Service & Use Agreement with Starfire Sports
ISSUE
Update the end-user agreement with Starfire Sports for their use of reclaimed water for
irrigation.
BACKGROUND
Starfire is seeking to renew the 2009 agreement between the City of Tukwila and King County
that expired on August 25, 2014 for the use of reclaimed water for the irrigation of the soccer
fields at Fort Dent Park. King County must have end user agreements in place to ensure
compliance with their State Department of Ecology permit for the distribution of reclaimed water.
Tukwila conveys the reclaimed water and oversees the metering and billing.
ANALYSIS
Cascade Water Alliance endorses and encourages Tukwila to utilize supplemental sources
which serves to lessen the impact on developing new water sources. Reclaimed water is now a
key part of Tukwila's Comprehensive Water Plan to help meet supply and conservation goals
required as part of the Municipal Water Law. The attached end-user agreement with Starfire will
allow the continued use of reclaimed water for irrigation at Fort Dent Park.
FISCAL IMPACT
There will be no fiscal impact to the City as the rate for reclaimed water will remain at 80% of
the most current potable water rates.
RECOMMENDATION
The Council is being asked to approve and endorse the Reclaimed Water Service and Use Area
Agreement with Starfire Sports, Tukwila, and King County and consider this item on the
Consent Agenda at the March 16, 2015 Regular meeting.
Attachments: Reclaimed Water Service & Use Agreement
WAPW Eng\PROJECTS\A- WT ProjectsToster Golf Reclaimed Water (92-WT06)\Info Memo Starfire Reclaimed Water Ag JC 03-06-15 - sb.docx 33
34
RECLAIMED WATER SERVICE AND USE AREA AGREEMENT
BETWEEN STARFIRE SPORTS, CITY OF TUKWILA, AND KING COUNTY
This Reclaimed Water Service and Use Area Agreement ( "Agreement ") is made and
entered into this day of , 2015, between Starfire Sports, a
Washington non - profit corporation ( "Starfire "), the City of Tukwila, a Washington
municipal corporation (the "City ") and King County, a political subdivision of the State
of Washington (the "County ") together referred to as the "Parties."
1.0 RECITALS
1.1 Washington State law encourages the use of reclaimed water "to replace potable
water in nonpotable applications, to supplement existing surface and groundwater
supplies, and to assist in meeting the future water needs of the State "; and
1.2 King County has authority to produce and distribute reclaimed water in
accordance with Reclaimed Water Permit Number ST -7445 issued by the State
Department of Ecology on September 30, 2009, as amended or modified from
time to time (the "County Permit "); and
1.3 King County and the City entered into an Agreement for the Sale and Distribution
of Reclaimed Water dated September 11, 2008; and
1.4 The City and Starfire entered into an Agreement on March 1, 2003, to operate as a
ground and use concession and licenses granting Starfire the exclusive right to
develop, construct and operate facilities at the Fort Dent Regional Park located at
6800 Fort Dent Way, Tukwila, Washington (the "Park "); and
1.5 The City, the County, and Starfire entered into a Reclaimed Water Service and
Use Area Agreement on August 25, 2009, which agreement authorized the
purchase of reclaimed water by Starfire for a soccer field and landscaping area
within the Park. That agreement expired on August 25, 2014; and
1.6 Starfire desires to purchase reclaimed water for the purposes described in Exhibit
C at the location depicted on Exhibit A, hereinafter referred to as the "Use
Location"; and
1.7 The use of reclaimed water for irrigation and other uses are regulated by the
Permit, state and local laws, regulations and standards governing the delivery and
use of Class A Reclaimed Water.
NOW, THEREFORE, in consideration of the recitals and the mutual promises and
covenants contained herein, the County and City agree to supply reclaimed water and
Starfire agrees to purchase reclaimed water on the following terms and conditions:
Starfire Sports Reclaimed Water Service and Use Area Agreement
35
2.0 SUPPLY AND SALE OF RECLAIMED WATER
2.1 The County and the City agree to deliver Class A Reclaimed Water (as defined in
Exhibit B) to Starfire for use in the Use Location. The County and City make no
other representation concerning the quality of the reclaimed water and make no
express or implied warranties whatsoever.
2.2 The County and the City will deliver Class A Reclaimed Water for use by Starfire
in the Use Location up to the maximum flow rate and pressure range specified in
Exhibit C.
2.3 The County and the City will deliver Class A Reclaimed Water to Starfire through
the conveyance system which connects to the Park's irrigation system for the Use
Location. The City has installed and will maintain a reclaimed water meter on the
outlet side of the conveyance system, to provide accurate measurement of the
quantity of reclaimed water supplied to Starfire. Reclaimed water will be
available for use during the time periods identified in Exhibit C.
2.4 In the event of a natural disaster, fire, storm, flood, earthquake or similar
occurrence, an order by a regulatory body or court, the need for emergency
repairs or other necessary work, or whenever the public health or safety so
demands, the County and the City may change, reduce or limit the time for or
temporarily discontinue the supply of Class A Reclaimed Water to Starfire.
Before so changing, reducing, limiting or discontinuing the supply of Class A
Reclaimed Water to Starfire, the County shall, insofar as practicable, notify
Starfire and the City. The County and the City shall not be responsible for any
damage resulting from interruption or change of the Class A Reclaimed Water
supply, or for any damages incurred by Starfire arising out of the use or
transportation of the Class A Reclaimed Water.
In the event that the County and /or City cannot deliver Class A Reclaimed Water
to the Use Location, through no fault of Starfire, for a period exceeding forty -
eight continuous hours, then the City will provide a back -up water source only to
the extent needed to irrigate the Use Location (not to exceed the maximum
quantity or flow rate specified in Exhibit C) and only up to a maximum of ninety
(90) days. If the inability to deliver Class A Reclaimed Water is due to the
actions, omissions or willful conduct of Starfire, its representatives, agents,
employees or volunteers then the obligation, stated herein, to provide a back -up
water source shall not be triggered.
In the event that the County and/or City cannot deliver Class A Reclaimed Water
to the Use Location for more than ninety (90) days for any reason or for no
reason, then the County and City may terminate this agreement and shall be under
no further obligation to provide Class A Reclaimed Water or a back -up water
source under this Agreement. If after ninety (90) days Class A Reclaimed Water
Starfire Sports Reclaimed Water Service and Use Area Agreement
36
is still not available and this agreement is terminated as allowed above, the City
will disconnect the reclaimed water line and connect the irrigation system
previously served by reclaimed water to potable water service. Any modification
requiring a change in the meter size or the existing pipe connection size will be
the responsibility of Starfire. Starfire shall be solely responsible for paying all
potable water use charges at potable water rates.
3.0 RESTRICTIONS ON USE OF RECLAIMED WATER
3.1 Subject to the terms and conditions of this Agreement, Starfire may use the Class
A Reclaimed Water only on the Use Location and only for the irrigation of the
soccer field and landscaping area within the Use Location identified on Exhibit A.
Starfire's use of the Class A Reclaimed Water shall conform to all requirements
of the Reclamation Criteria in Exhibit B
3.2 Starfire shall not sell, transfer, gift or convey the reclaimed water to any person or
party.
3.3 Starfire shall not discharge or release or allow the discharge or release of
reclaimed water to any surface water body or stormwater collection or
conveyance facility from the Use Location.
3.4 Starfire shall irrigate the soccer field at agronomic rates and minimize underdrain
flow to the stormwater pond, reduce ponding, runoff, overspray, and groundwater
infiltration.
3.5 The public and employees shall be notified of the use of reclaimed water at all use
areas. Starfire shall post advisory signs at the Use Location in plain view.
3.6 Starfire shall ensure that its irrigation system is in good working order,
maintained regularly and kept free of leaks. Starfire shall further ensure that its
irrigation controllers are set so that reclaimed water is applied appropriately to the
landscape, to avoid excessive ponding or runoff of water. Sprinkler heads should
be adjusted as necessary to avoid application of water to impervious surfaces.
Reclaimed water, including runoff and spray, shall be confined to the designated
Use Location in accordance with this Agreement.
3.7 Starfire shall ensure that there are no cross connections of potable water and
reclaimed water or reclaimed water and sewage. Starfire shall install appropriate
cross connection control devices on all potable water lines (if any) in the Use
Location in accordance with the State Water Reclamation and Reuse Standards.
3.8 Starfire shall ensure that all reclaimed water piping, valves, outlets and other
appurtenances are color -coded purple or otherwise tagged or marked to identify
the source of the water as being reclaimed water and not intended for drinking.
Starfire Sports Reclaimed Water Service and Use Area Agreement
3
37
3.9 if Starfire desires to modify or extend the irrigation system it must, prior to any
work, submit plans for such modifications or extensions to the City and the
County for their review and approval prior to commencement of construction. The
City and /or the County may deny said plans at their sole discretion.
3.10 Starfire shall ensure that there are no cross connections with any potable water
systems, including hose bibbs.
3.11 Starfire shall ensure that no hose bibbs are in place for reclaimed water. Quick
connection stations may be allowed in the future if approved as outlined in
Section 3.14.
3.12 Starfire shall ensure that all employees, members, or volunteers using reclaimed
water have completed training in the requirements for appropriate use of the
reclaimed water provided by King County and/or the City. Starfire shall ensure
that all reclaimed water valves and outlets are of a type, or secured in a manner,
that permits operation only by personnel trained.
3.13 Starfire shall not irrigate with reclaimed water when the ground is saturated,
frozen, or during rain events. Precautions shall be taken to assure that reclaimed
water or reclaimed water mist shall not be sprayed on people, any facility, or area
not designated as the Use Location.
3.14 if Starfire is not in breach of any term or condition of this Agreement and if the
City concurs, then Starfire may, during the term of this Agreement, propose a
modification to the reclaimed water uses and /or to the Use Location described in
Exhibits A and C of this Agreement, by submitting to the County a written
request for modification of reclaimed water use and /or of the Use Location,
setting forth a description of the proposed modification, the purpose of the
modification, and the proposed quantity, flow rate, and desired availability of
Class A Reclaimed Water requested for the proposed modification. The County
will review the Request for Modification of Reclaimed Water Use and /or Use
Location and either approve or deny the request. The County's decision to
approve or deny the request for Modification of Reclaimed Water Use and/or Use
Location shall be in the County's sole and absolute discretion. King County is the
Reclaimed Water Permit holder and must comply with the terms and conditions of
the State- issued permit, which includes approved uses and use locations. Starfire
shall not use reclaimed water for uses or in Use Locations except as identified in
Exhibits A and C without the prior written approval of the County which approval
may be withheld in the County's sole and absolute discretion. For purposes of this
paragraph the City shall acknowledge its concurrence in Starfire's proposed
request for modification to the reclaimed water uses and /or to the Use Location by
submitting a written notice of concurrence, signed by the City Administrator or
his or her authorized designee. City Council action shall not be required to effect
a modification under this Section 3.14.
Starfire Sports Reclaimed Water Service and Use Area Agreement
q.*]
4
If the County approves the proposed modification of reclaimed water use and/or
Use Location, then the County shall revise Exhibits A and C to this Agreement to
reflect the approved modification to reclaimed water use and/or Use Location (the
"Revised Reclaimed Water Use" or "Revised Use Area" ") and shall send the
revised Exhibits A and C to the Parties at the addresses set forth in Section 1 I
below. The Revised Reclaimed Water Use and /or Revised Use Location shall
become effective on the date of the County's transmittal of the revised exhibits.
Starfire shall bear any and all costs associated with any and all requests for
modification of the Reclaimed Water Use or Use Location. The County is, and
shall be, under no obligation, directly or indirectly, to pay for any labor, material,
or improvements associated with any change in reclaimed water use.
4.0 RIGHT OF ENTRYANSPECTION
Representatives from the Departments of Health and Ecology, King County,
and /or the City shall have authority to regulate distribution, enter and inspect the
Park and Use Location and to terminate service of reclaimed water for any
violation of the Washington State Water Reclamation and Reuse Standards, the
Permit, or any term or condition in this Agreement. Starfire hereby grants the
City and the County and their duly authorized employees, agents, representatives
and contractors, reasonable access to the Park and the Use Location, for any such
purpose including, but not limited to, meter reading, cross connection control
inspections and verification of reclaimed water use, use patterns, and signage..
5.0 PRICE OF RECLAIMED WATER
5.1 During the term of this Agreement, Starfire shall pay the City an agreed upon rate
identified in Exhibit D for the volume measured at the reclaimed water meter.
5.2 The price charged by the City for the use of the reclaimed water may change as
the cost of providing the reclaimed water changes.
53 The City shall bill Starfire on a monthly basis and Starfire shall pay the amount
due based upon the metered flow and said price.
5.4 In the event of non - payment for sixty (60) days after mailing of invoice, the City
and /or the County may disconnect Starfire's irrigation system and stop delivery of
Class A Reclaimed Water to the Use Location. This remedy is in addition to all
other remedies.
5.5 Starfire shall provide to the County and the City all requested documentation and
records, including, but not limited to, reclaimed water use quantities, methods of
application, irrigation schedules, details of installed infrastructure, and other
information required by the County as part of the County's annual regulatory
reporting and five year permit submittal process.
Starfire Sports Reclaimed Water Service and Use Area Agreement
39
6.0 WATER RIGHTS
No water right is created by this Agreement.
7.0 COMPLIANCE WITH LAWS GOVERNING RECLAIMED WATER
7.1 Starfire agrees that it will comply with all applicable federal, state and local laws,
regulations and standards governing the use of Class A Reclaimed Water.
7.2 Starfire's use of Class A Reclaimed Water must meet all applicable requirements
contained in the Reclamation Criteria in Exhibit B.
7.3 A violation of these terms and conditions or of State standards and regulations
may result in termination of Class A Reclaimed Water sei vice under this
Agreement.
8.0 INDEMNIFICATION
To the maximum extent permitted by law, Starfire shall hold harmless, indemnify
and defend the City and King County from any claims, suits, actions, losses,
penalties, judgments, and awards for damages of any kind arising out of or in
connection with the use of Class A Reclaimed Water provided under this
Agreement, except to the extent arising out of the negligence or other fault of the
City and/or King County.
Starfire agrees that its obligation under this section extends to any claim, demand,
and or cause of action brought by or on behalf of any of its employees, or agents.
For this purpose, Starfire, by mutual negotiation, hereby waives, as respects the
The City and King County, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW of
the State of Washington. The foregoing duty is specifically and expressly
intended to constitute a waiver of Starfire's immunity under Washington's
Industrial Insurance Act, RCW Title 51.
9.0 TERMINATION
This Agreement may be terminated immediately for cause, including but not
limited to non - payment of water charges or a violation of the requirements
described in Sections 3 and 7 of this Agreement.
This Agreement may also be terminated upon thirty (30) days written notice by
the County if the County cannot deliver Class A Reclaimed Water to the Use
Location for more than ninety (90) days as described in Section 2.4 of this
Agreement.
Starfire Sports Reclaimed Water Service and Use Area Agreement
W
0
10.0 TERM OF AGREEMENT
The term of this Agreement shall commence on the date of execution by the
Parties and continue, subject to the terms and conditions hereof, for a term of 5
years, unless terminated earlier as allowed herein.
11.0 NOTICES
Any notices required or authorized herein shall be in writing and shall be deemed
to have been duly given if delivered personally, sent by nationally recognized
overnight delivery service, or sent by registered or certified mail if mailed or
deposited in the United States mail, return receipt requested, postage prepaid to
the Parties at the addresses listed below
Starfire Sports:
Ben Oliver
ATTN: General Manager
Starfire Sports
14800 Starfire Way
Tukwila, WA 98188
(206) 267 -6416
ben @starfiresports.com
City of Tukwila:
Pat Brodin
ATTN: Operations Manager
600 Minkler Blvd
Tukwila, WA 98188
(206) 433 -1861
pwutil@ci.tukwila.wa.us
King County:
For contractual related notices:
Kristina Westbrook
ATTN: Recycled Water Program Manager
Wastewater Treatment Division
KSC -NR -0512
201 S. Jackson Street
Seattle, WA 98104 -3855
206 -477 -5522
kristina .westbrook @kingcounty.gov
Starfire Sports Reclaimed Water Service and Ilse Area Agreement
7
41
For reclaimed water operational related notices:
Curtis Steinke
ATTN: Reclaimed Water Process Analyst
South Treatment Plant
RTP -NR -0100
1200 Monster Rd SW
Renton, WA 98055
206 - 684 -2456
curtis.steinke@kin cg ouW.gov
or to such other addresses as the Parties may from time to time designate in
writing and deliver in a like manner. Notices may also be given by facsimile
transmission (provided the fax machine has printed a confirmation of receipt).
All notices that are mailed shall be deemed received three (3) business days after
mailing. All other notices shall be deemed complete upon actual receipt or refusal
to accept delivery.
12.0 ASSIGNMENT
This Agreement may not be assigned by Starfire and may not be transferred to a
location or for a purpose not authorized under this Agreement without the express
written consent of the County.
13.0 NON- WAIVER
Waiver of any breach of any provision of this Agreement shall not be deemed to
be a waiver of any prior or subsequent breach, and shall not be construed to be a
modification of this Agreement.
14.0 AMENDMENT
Except as provided in Section 3.14 above, this Agreement may be amended only
by an instrument in writing duly executed by all of the Parties to this Agreement.
15.0 GOVERNING LAW; VENUE
This Agreement shall be governed by and construed and enforced in accordance
with Washington law and the Parties agree that for any legal action or proceeding,
venue shall be in King County Superior Court, in Seattle Washington.
Starfire Sports Reclaimed Water Service and Use Area Agreement
42
16.0 AUTHORITY
Each individual signing this Agreement warrants that he or she has the authority
to enter into this Agreement on behalf of the Party for which that individual signs.
IN WITNESS WHEREOF the undersigned, being duly authorized, have caused this
Agreement to be executed on the dates shown below.
CITY OF TUKWILA
BY:
Title: Jim Haggertori, Mayor
Date:
KING COUNTY
BY: C,-Q,
Title: W tewater Tre " ent Division
Director
Date: 2 . -7 fis
STARFIRE SPORTS
j
BY:
Title: General Manager
Date:
Approved as to form
BY:
Title: City Attorney
Date:
Approved as to form
BY:
Title: King County Prqfecuting Attorneys
Office
Date:
Exhibits
A Reclaimed Water Use Location Map
B Definitions
C Approved Uses, Use Locations, and Reclaimed Water Availability
'D Rate and Price for Reclaimed Water Usage
Starf ire Sports Reclaimed Water Service and Use Area Agreement
0
43
MA
45
EN
EXHIBIT B
DEFINITIONS
1. Class A Reclaimed Water: means reclaimed water that, at a minimum, is at all
times an oxidized, coagulated, filtered, disinfected wastewater and meets State Class A
standards as defined in the State Reclamation and Reuse Standards. At the date of this
Agreement, the standards are: the wastewater shall be considered adequately disinfected
if the median number of total coliform organisms in the wastewater after disinfection
does not exceed 2.2 per 100 milliliters as determined from the bacteriological results of
the last seven days for which analyses have been completed, and the number of total
coliform organisms does not exceed 23 per 100 milliliters in any sample.
2. Reclaimed Water: means water derived in any part from sewage from a
wastewater treatment system that has been adequately and reliably treated, so that as a
result of that treatment, it is suitable for a beneficial use or a controlled use that would not
otherwise occur, and it is no longer considered wastewater. For the purpose of this
Agreement, reclaimed water shall be further defined as Class A reclaimed water.
3. Reclamation Criteria: means the criteria set forth in the Washington State Water
Reclamation and Reuse Standards, Publication 497 -23 (September 1997) and any
subsequent revisions adopted by the Departments of Ecology and the Department of
Health, as defined in RCW 90.46.010(12) prior to and during the term of this agreement.
Starfire Sports Reclaimed Water Service and Use Area Agreement
11
47
W.
EXHIBIT C
APPROVED USES, USE LOCATIONS,
AND RECLAIMED WATER AVAILABILITY
Approved Reclaimed Water Uses (when used in accordance with the Reclaimed
Water Criteria and this agreement): irrigation
Approved Use Location: Grass Field 12 and landscaping area as shown on Exhibit
A for approved water uses only.
Quantity, Flow Rate, and Pressure of Class A Reclaimed Water:
Flow Rate Range Available (except as noted in Sections •2.5 and 9.0): 50 -200 gpm
Maximum Annual Quantity Usage: 2.5 million gallons per year
Pressure Range: minimum 60 psig and maximum of 95 psig immediately prior to the
irrigation system at the Use Location.
Availability of Reclaimed
February 1— February 29:
March 1 - March 31:
April 1— October 31:
November 1 —November 7:
November 8 - January 31:
Water:
Available upon request for emergency irrigation
water needs due to unusually dry weather
conditions, with 7 days notice
Tuesday, Wednesday, Thursday
Seven (7) days per week
Tuesday, Wednesday, Thursday
Not available
Starfire Sports Reclaimed Water Service and Use Area Agreement
12
I •
50
EXHIBIT I)
RATE AND PRICING OF RECLAIMED WATER
King County will deliver reclaimed water to the City of Tukwila as per the terms of the
AGREEMENT FOR THE SALE AND DISTRIBUTION OF RECLAIMED WATER
BETWEEN THE KING COUNTY DEPARTMENT OF NATURAL RESOURCES
AND PARKS AND THE CITY OF TUKWILA dated January 2008.
The cost of delivery to Starfire shall be based upon 80% of the current City of Tukwila
commercial /industrial water charge. The water rates outline below will be adjusted
annually based upon any subsequent rate adjustment ordinance by the City.
Water Commodity Charge per CCF (1.00 cubic feet)
Tukwila Potable October -May Usage _Charge= $4.38 per - C - CF .....................
[ Tukwila Peak June-September Usage Charge = $6.00 per CCF I
NOTE: Minimum base meter charge also applies according to meter size. Table is found
at http://www.tukwiltwa.mov/finance/fintitility.html#rates
Starfire Sports Reclaimed Water Service and Use Area Agreement
13
51
52
City of Tukwila
• Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
March 10, 2015 — 5:30 p.m. — Foster Conference Room, 6300 Building
Councilmembers: Dennis Robertson, Chair; De'Sean Quinn, Joe Duffie (Absent: Verna Seal)
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, Gail Labanara, Ryan
Larson, Mike Cusick, Laurel Humphrey
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:34 p.m.
Z k If—A 9 to] ill
11. BUSINESS AGENDA
A. NPDES Program: 2014 Annual Report and 2015 Surface Water Management Program
Staff provided an overview of the National Pollutant Discharge Elimination System (NPDES)
2014 Annual Report and 2015 Surface Water Management Program (SWMP) Plan. The Annual
Report reflects activities completed by the City in 2014. The SWMP Plan is required by the
NPDES Program to show that the City complies with requirements outlined in the NPDES Phase
11 permit, effective August 1, 2013. The SWMP Plan contains required elements including public
education and outreach, public involvement and participation, illicit discharge detection and
elimination, runoff control, and pollution prevention and operation and maintenance. Both
documents must be submitted to the Department of Ecology by March 31, 2015. Staff noted that
hiring of an NPDES Inspector as authorized in the 2015-2016 Budget adoption is underway.
INFORMATION ONLY.
B. Consultant Agreement: Fort Dent Park BNSF Sewer Relocation
Staff is seeking Council approval of an agreement with KPFF Consulting Engineers for the design
of the Fort Dent Park BNSF Sewer Relocation Project in the amount of $156,877.00. The
sanitary sewer from Fort Dent Park is piped under the BNSF railroad tracks to the King County
Metro treatment plant in Renton. BNSF will be adding a third set of tracks through the Fort Dent
Park Area, necessitating the relocation of the existing sewer line. KPFF was chosen from a short
list of three firms identified on the Municipal Research and Services Center Roster. One benefit
of the relocation project will be added capacity for the Starfire sports complex. UNANIMOUS
APPROVAL. FORWARD TO MARCH 16, 2015 REGULAR CONSENT AGENDA.
C. Interurban Water Reuse
Staff is seeking Council approval for renewal of the Reclaimed Water Service and Use Area
Agreement with Starfire Sports, Tukwila and King County for the use of reclaimed water for the
irrigation of the soccer fields at Fort Dent Park. King County must have end user agreements in
place to ensure compliance with their State Department of Ecology permit, and the 2009
agreement expired on August 25, 2014. If approved the renewed agreement will be in effect for
five years. UNANIMOUS APPROVAL. FORWARD TO MARCH 16, 2015 REGULAR
CONSENT AGENDA.
53
rpw. 1
COUNCIL AGENDA SYNOPSIS
nifials
Meeliq Dale
Prepared b y
ayor's review
Council review
03/09/15
PMC
❑ Resolution
Mtg Date
E Ordinance
Al/ Dale 0311611.5
9
03/16/15
PMc
❑ 01ber
Alt g Date
A
SPONSOR'S The Council is being asked to approve an ordinance authorizing issuance of limited tax
SUMMARY general obligation bonds not to exceed $6,250,000
Ri ;1v i j,.,wi J) i3y ❑ cow Mtg. ❑ CA&P Cmtc E F&S Cmte F-1 Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 3/3/15 COMMITME CHAIR: HOUGARDY
RECOMMENDATIONS:
SP()Nsoit /ADMIN. Finance Department
Commri-1,1"F, Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ENPENDITURF AmOUN'r BUDGETED APPROPRIATION Rf,"QuIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/9/15
ITEM NO.
5.A.
55
SPONSOR: PEGGY MCCARTHY
3/9/15
A(,,.i,"NI)A D'j,"m Trri.i;, 2015 LTGO Bond Issue
CATEGORY ❑ Discwsion
M1g Dale 319119
❑ Motion
Aftg Date
❑ Resolution
Mtg Date
E Ordinance
Al/ Dale 0311611.5
9
❑ Bid Award
Af�g Dale
[:] Public Hearing
W�g Date
❑ 01ber
Alt g Date
SPONSOR ❑ Council [:] Mayor [:11 IR ❑ DCD E 1"inance ❑ fl* ire ❑ IT ❑ P&R ❑ Police ❑ PW
SPONSOR'S The Council is being asked to approve an ordinance authorizing issuance of limited tax
SUMMARY general obligation bonds not to exceed $6,250,000
Ri ;1v i j,.,wi J) i3y ❑ cow Mtg. ❑ CA&P Cmtc E F&S Cmte F-1 Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 3/3/15 COMMITME CHAIR: HOUGARDY
RECOMMENDATIONS:
SP()Nsoit /ADMIN. Finance Department
Commri-1,1"F, Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ENPENDITURF AmOUN'r BUDGETED APPROPRIATION Rf,"QuIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/9/15
Forward to next Regular Meeting
3/16/15
MTG. DATE
ATTACHMENTS
3/9/15
Informational Memorandum dated 2/25/15
Ordinance in Draft Form, with attachments
Minutes from the Finance and Safety Committee meeting of 3/3/ 15
3/16/15
Ordinance
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56
Cl*ty Tukwi*la of
Washington
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following capitalized terms
shall have the following meanings:
(a) "Authorized Denomination" means $5,000 or any integral multiple thereof
within a maturity of a Series.
(b) `Beneficial Owner" means, with respect to a Bond, the owner of any beneficial
interest in that Bond.
(c) `Bond" means each bond issued pursuant to and for the purposes provided in
this ordinance.
(d) "Bond Account" means the Limited Tax General Obligation Bond Account,
2015, of the City created for the payment of the principal of and interest on the Bonds.
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(e) "Bond Counsel" means the firm of Foster Pepper PILLC, its successor, or any
other attorney or firm of attorneys selected by the City with a nationally recognized
standing as bond counsel in the field of municipal finance.
(f) "Bond Purchase Agreement" means an offer to purchase a Series of the
Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of
those Bonds, which offer is authorized to be accepted by the Designated
Representative on behalf of the City, if consistent with this ordinance. In the case of a
competitive sale, the official notice of sale, the Purchaser's bid and the award by the
City shall constitute the Bond Purchase Agreement for purposes of this ordinance.
(g) "Bond Register" means the books or records maintained by the Bond Registrar
for the purpose of identifying ownership of each Bond.
(h) "Bond Registrar" means the Fiscal Agent, or any successor bond registrar
selected by the City.
(i) "City" means the City of Tukwila, Washington, a municipal corporation duly
organized and existing under the laws of the State.
0) "City Council" means the legislative authority of the City, as duly and regularly
constituted from time to time.
(k) "Code" means the United States Internal Revenue Code of 1986, as amended,
and applicable rules and regulations promulgated thereunder.
(1) "DTC" means The Depository Trust Company, New York, New York, or its
nominee.
(m) "Designated Representative" means the officer of the City appointed in
Section 4 of this ordinance to serve as the City's designated representative in
accordance with RCW 39.46.040(2).
(n) "Final Terms" means the terms and conditions for the sale of a Series of the
Bonds including the amount, date or dates, denominations, interest rate or rates (or
mechanism for determining interest rate or rates), payment dates, final maturity,
redemption rights, price, and other terms or covenants.
(o) "Finance Director" means the Finance Director or such other officer of the City
who succeeds to substantially all of the responsibilities of that office.
(p) "Fiscal Agent" means the fiscal agent of the State, as the same may be
designated by the State from time to time.
(q) "Government Obligations" has the meaning given in RCW 39.53.010, as now
in effect or as may hereafter be amended.
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(r) "Issue Date" means, with respect to a Bond, the date of initial issuance and
delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond.
(s) "Letter of Representations" means the Blanket Issuer Letter of
Representations between the City and DTC, dated October 18, 1999, as it may be
amended from time to time, and any successor or substitute letter relating to the
operational procedures of the Securities Depository.
(t) "MSRB" means the Municipal Securities Rulemaking Board.
(u) "Official Statement" means an offering document, disclosure document, private
placement memorandum or substantially similar disclosure document provided to
purchasers and potential purchasers in connection with the initial offering of a Series of
the Bonds in conformance with Rule 15c2-12 or other applicable regulations of the SEC.
(v) "Owner" means, without distinction, the Registered Owner and the Beneficial
Owner.
(w) "Project" means improvements to Interurban Avenue South, reconstruction or
retrofit of the Boeing Access Road Bridge and other road construction and capital
improvement projects of the City, as deemed necessary and advisable by the City
Council. Incidental costs incurred in connection with carrying out and accomplishing the
Project, consistent with RCW 39.46.070, may be included as costs of the Project. The
Project includes acquisition, construction and installation of all necessary equipment,
apparatus, accessories, fixtures and appurtenances. The term "land" includes all real
property and all appurtenant improvements, structures and interests therein.
(x) "Project Fund" means the fund or account designated or created by the
Finance Director for the purpose of carrying out the Project.
(y) "Purchaser" means the corporation, firm, association, partnership, trust, bank,
financial institution or other legal entity or group of entities selected by the Designated
Representative to serve as purchaser in a private placement, underwriter or placement
agent in a negotiated sale or awarded as the successful bidder in a competitive sale of
any Series of the Bonds.
(z) "Rating Agency" means any nationally recognized rating agency then
maintaining a rating on the Bonds at the request of the City.
(aa) "Record Date" means the Bond Registrar's close of business on the 15th day
of the month preceding an interest payment date. With respect to redemption of a Bond
prior to its maturity, the Record Date shall mean the Bond Registrar's close of business
on the date on which the Bond Registrar sends the notice of redemption in accordance
with Section 9.
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(bb) "Registered Owner" means, with respect to a Bond, the person in whose name
that Bond is registered on the Bond Register. For so long as the City utilizes the book-
entry only system for the Bonds under the Letter of Representations, Registered Owner
shall mean the Securities Depository.
(cc) "Rule 15c2-12" means Rule 15c2-12 promulgated by the SEC under the
Securities Exchange Act of 1934, as amended.
(dd) "SEC" means the United States Securities and Exchange Commission.
(ee) "Securities Depository" means DTC, any successor thereto, any substitute
securities depository selected by the City that is qualified under applicable laws and
regulations to provide the services proposed to be provided by it, or the nominee of any
of the foregoing.
(ff) "Series of the Bonds" or "Series" means a series of the Bonds issued pursuant
to this ordinance.
(gg) "State" means the State of Washington.
(hh) "System of Registration" means the system of registration for the City's bonds
and other obligations set forth in Ordinance No. 1338 of the City.
(ii) "Term Bond" means each Bond designated as a Term Bond and subject to
mandatory redemption in the years and amounts set forth in the Bond Purchase
Agreement.
6j) "Undertaking" means the undertaking to provide continuing disclosure entered
into pursuant to Section 15 of this ordinance.
Section 2. Findings and Determinations. The City takes note of the following
facts and makes the following findings and determinations:
(a) Authority and Description of Project. The City is in need of making
improvements to Interurban Avenue South, reconstructing or retrofitting a bridge on the
Boeing Access Road and carrying out other road construction and improvement
projects. The City Council finds that it is in the best interests of the City to carry out the
Project.
(b) Plan of Financing. Pursuant to applicable law, including without limitations
Chapters 35.37, 39.36 and 39.46 RCW, the City is authorized to issue general
obligation bonds for the purpose of financing the Project. The total expected cost of the
Project is approximately $23,761,000, which is expected to be made up of proceeds of
the Bonds, loans, grants, mitigation payments and other available money of the City.
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(c) Debt Capacity. The maximum amount of indebtedness authorized by this
ordinance is $6,250,000. Based on the following facts, this amount is to be issued
within the amount permitted to be issued by the City for general municipal purposes
without a vote:
(1) The assessed valuation of the taxable property for regular levies within the
City as ascertained by the last preceding assessment for City purposes for collection in
the calendar year 2015 is $5,039,692,101.
(2) As of February 12, 2015, the City has limited tax general obligation
indebtedness, consisting of bonds, notes, leases and conditional sales contracts
outstanding in the principal amount of $25,538,621, which is incurred within the limit of
up to 1Y2% of the value of the taxable property within the City permitted for general
municipal purposes without a vote.
(3) As of February 12, 2015, the City has no unlimited tax general obligation
indebtedness for general municipal purposes; for City-owned water, artificial light, and
sewers; and for acquiring or developing open space, park facilities, and capital facilities
associated with economic development.
d. The Bonds. For the purpose of providing the funds necessary to carry out the
Project and to pay the costs of issuance and sale of the Bonds, the City Council finds
that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to
the Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement as
approved by the City's Designated Representative consistent with this ordinance.
Section 3. Authorization of Bonds. The City is authorized to borrow money on
the credit of the City and issue negotiable limited tax general obligation bonds
evidencing indebtedness in one or more Series in an aggregate principal amount not to
exceed $6,250,000 to provide funds necessary to carry out the Project and to pay the
costs of issuance and sale of the Bonds. The proceeds of the Bonds allocated to
paying the cost of the Project shall be deposited as set forth in Section 8 of this
ordinance and shall be used to carry out the Project, or a portion of the Project, in such
order of time as the City determines is advisable and practicable.
Section 4. Description of the Bonds; Appointment of Designated
Representative. The Finance Director is appointed as the Designated Representative
of the City and is authorized and directed to conduct the sale of the Bonds in the
manner and upon the terms deemed most advantageous to the City, and to approve the
Final Terms of each Series of the Bonds, with such additional terms and covenants as
the Designated Representative deems advisable, within the parameters set forth in
Exhibit A, which is attached to this ordinance and incorporated by this reference.
Section 5. Bond Registrar; Registration and Transfer of Bonds.
(a) Registration of Bonds. Each Bond shall be issued only in registered form as
to both principal and interest and the ownership of each Bond shall be recorded on the
Bond Register.
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(b) Bond Registrar; Duties. The Fiscal Agent is appointed as initial Bond
Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the
registration and transfer of the Bonds, which shall be open to inspection by the City at
all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and
deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds
and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all
of the Bond Registrar's powers and duties under this ordinance and the System of
Registration. The Bond Registrar shall be responsible for its representations contained
in the Bond Registrar's Certificate of Authentication on each Bond. The Bond Registrar
may become an Owner with the same rights it would have if it were not the Bond
Registrar and, to the extent permitted by law, may act as depository for and permit any
of its officers or directors to act as members of, or in any other capacity with respect to,
any committee formed to protect the rights of Owners.
(c) Bond Register; Transfer and Exchange. The Bond Register shall contain the
name and mailing address of each Registered Owner and the principal amount and
number of each Bond held by each Registered Owner. A Bond surrendered to the
Bond Registrar may be exchanged for a Bond or Bonds in any Authorized
Denomination of an equal aggregate principal amount and of the same Series, interest
rate and maturity. A Bond may be transferred only if endorsed in the manner provided
thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be
without cost to the Owner or transferee. The Bond Registrar shall not be obligated to
exchange any Bond or transfer registered ownership during the period between the
applicable Record Date and the next upcoming interest payment or redemption date.
(d) Securities Depository, Book-Entry Only Form. If a Bond is to be issued in
book-entry form, DTC shall be appointed as initial Securities Depository and each such
Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC.
Each Bond registered in the name of the Securities Depository shall be held fully
immobilized in book-entry only form by the Securities Depository in accordance with the
provisions of the Letter of Representations. Registered ownership of any Bond
registered in the name of the Securities Depository may not be transferred except:
(i) to any successor Securities Depository,-
(ii) to any substitute Securities Depository appointed by the City-, or
(iii) to any person if the Bond is no longer to be held in book-entry only form.
Upon the resignation of the Securities Depository, or upon a termination of the services
of the Securities Depository by the City, the City may appoint a substitute Securities
Depository. If (i) the Securities Depository resigns and the City does not appoint a
substitute Securities Depository, or (ii) the City terminates the services of the Securities
Depository, the Bonds no longer shall be held in book-entry only form and the registered
ownership of each Bond may be transferred to any person as provided in this
ordinance.
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Neither the City nor the Bond Registrar shall have any obligation to participants of any
Securities Depository or the persons for whom they act as nominees regarding
accuracy of any records maintained by the Securities Depository or its participants.
Neither the City nor the Bond Registrar shall be responsible for any notice that is
permitted or required to be given to a Registered Owner except such notice as is
required to be given by the Bond Registrar to the Securities Depository.
Section 6. Form and Execution of Bonds.
(a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form
consistent with the provisions of this ordinance and State law. Each Bond shall be
signed by the Mayor and the City Clerk, either or both of whose signatures may be
manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall
be impressed or printed thereon. If any officer whose manual or facsimile signature
appears on a Bond ceases to be an officer of the City authorized to sign bonds before
the Bond bearing his or her manual or facsimile signature is authenticated by the Bond
Registrar, or issued or delivered by the City, that Bond nevertheless may be
authenticated, issued and delivered and, when authenticated, issued and delivered,
shall be as binding on the City as though that person had continued to be an officer of
the City authorized to sign bonds. Any Bond also may be signed on behalf of the City
by any person who, on the actual date of signing of the Bond, is an officer of the City
authorized to sign bonds, although he or she did not hold the required office on its Issue
Date.
(b) Authentication. Only a Bond bearing a Certificate of Authentication in
substantially the following form, manually signed by the Bond Registrar, shall be valid or
obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate Of
Authentication. This Bond is one of the fully registered City of Tukwila, Washington,
Limited Tax General Obligation Bonds, 2015, described in the Bond Ordinance." The
authorized signing of a Certificate of Authentication shall be conclusive evidence that
the Bond so authenticated has been duly executed, authenticated and delivered and is
entitled to the benefits of this ordinance.
Section 7. Payment of Bonds. Principal of and interest on each Bond shall be
payable in lawful money of the United States of America. Principal of and interest on
each Bond registered in the name of the Securities Depository is payable in the manner
set forth in the Letter of Representations. Interest on each Bond not registered in the
name of the Securities Depository is payable by electronic transfer on the interest
payment date, or by check or draft of the Bond Registrar mailed on the interest payment
date to the Registered Owner at the address appearing on the Bond Register on the
Record Date. However, the City is not required to make electronic transfers except
pursuant to a request by a Registered Owner in writing received on or prior to the
Record Date and at the sole expense of the Registered Owner. Principal of each Bond
not registered in the name of the Securities Depository is payable upon presentation
and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds
are not subject to acceleration under any circumstances.
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Section 8. Funds and Accounts; Deposit of Proceeds.
(a) Bond Account. The 2015 Bond Account is created within the City's general
obligation bond repayment fund for the sole purpose of paying principal of and interest
on the Bonds. Bond proceeds in excess of the amounts needed to pay the costs of the
Project and the costs of issuance, if any, shall be deposited into the Bond Account. All
amounts allocated to the payment of the principal of and interest on the Bonds shall be
deposited in the Bond Account as necessary for the timely payment of amounts due
with respect to the Bonds. The principal of and interest on the Bonds shall be paid out
of the Bond Account. Until needed for that purpose, the City may invest money in the
Bond Account temporarily in any legal investment, and the investment earnings shall be
retained in the Bond Account and used for the purposes of that fund.
(b) Project Fund. The Project Fund has been previously created as a fund of the
City for the purpose of paying the costs of the Project. Proceeds received from the sale
and delivery of the Bonds shall be deposited into the Project Fund and used to pay the
costs of the Project and costs of issuance of the Bonds. Until needed to pay such
costs, the City may invest those proceeds temporarily in any legal investment, and the
investment earnings shall be retained in the Project Fund and used for the purposes of
that fund, except that earnings subject to a federal tax or rebate requirement (if
applicable) may be withdrawn from the Project Fund and used for those tax or rebate
purposes.
Section 9. Redemption Provisions and Purchase of Bonds.
(a) Optional Redemption. The Bonds shall be subject to redemption at the option
of the City on terms acceptable to the Designated Representative, as set forth in the
Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A.
(b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the
Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A and
except as set forth below, shall be called for redemption at a price equal to the stated
principal amount to be redeemed, plus accrued interest, on the dates and in the
amounts as set forth in the Bond Purchase Agreement. If a Term Bond is redeemed
under the optional redemption provisions, defeased or purchased by the City and
surrendered for cancellation, the principal amount of the Term Bond so redeemed,
defeased or purchased (irrespective of its actual redemption or purchase price) shall be
credited against one or more scheduled mandatory redemption installments for that
Term Bond. The City shall determine the manner in which the credit is to be allocated
and shall notify the Bond Registrar in writing of its allocation prior to the earliest
mandatory redemption date for that Term Bond for which notice of redemption has not
already been given.
(c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of
the outstanding Bonds are to be redeemed at the option of the City, the City shall select
the Series and maturities to be redeemed. If fewer than all of the outstanding Bonds of
a maturity of a Series are to be redeemed, the Securities Depository shall select Bonds
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registered in the name of the Securities Depository to be redeemed in accordance with
the Letter of Representations, and the Bond Registrar shall select all other Bonds to be
redeemed randomly in such manner as the Bond Registrar shall determine. All or a
portion of the principal amount of any Bond that is to be redeemed may be redeemed in
any Authorized Denomination. If less than all of the outstanding principal amount of any
Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be
issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of
the Registered Owner) of the same Series, maturity and interest rate in any Authorized
Denomination in the aggregate principal amount to remain outstanding.
(d) Notice of Redemption. Notice of redemption of each Bond registered in the
name of the Securities Depository shall be given in accordance with the Letter of
Representations. Notice of redemption of each other Bond, unless waived by the
Registered Owner, shall be given by the Bond Registrar not less than 20 nor more than
60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the
Registered Owner at the address appearing on the Bond Register on the Record Date.
The requirements of the preceding sentence shall be satisfied when notice has been
mailed as so provided, whether or not it is actually received by an Owner. In addition,
the redemption notice shall be mailed or sent electronically within the same period to
the MSRB (if required under the Undertaking), to each Rating Agency, and to such
other persons and with such additional information as the Finance Director shall
determine, but these additional mailings shall not be a condition precedent to the
redemption of any Bond.
(e) Rescission of Optional Redemption Notice. In the case of an optional
redemption, the notice of redemption may state that the City retains the right to rescind
the redemption notice and the redemption by giving a notice of rescission to the affected
Registered Owners at any time prior to the scheduled optional redemption date. Any
notice of optional redemption that is so rescinded shall be of no effect, and each Bond
for which a notice of optional redemption has been rescinded shall remain outstanding.
(f) Effect of Redemption. Interest on each Bond called for redemption shall
cease to accrue on the date fixed for redemption, unless either the notice of optional
redemption is rescinded as set forth above, or money sufficient to effect such
redemption is not on deposit in the Bond Account or in a trust account established to
refund or clefease the Bond.
(g) Purchase of Bonds. The City reserves the right to purchase any or all of the
Bonds offered to the City at any time at any price acceptable to the City plus accrued
interest to the date of purchase.
Section 10. Failure To Pay Bonds. If the principal of any Bond is not paid when
the Bond is properly presented at its maturity or date fixed for redemption, the City shall
be obligated to pay interest on that Bond at the same rate provided in the Bond from
and after its maturity or date fixed for redemption until that Bond, both principal and
interest, is paid in full or until sufficient money for its payment in full is on deposit in the
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Bond Account, or in a trust account established to refund or defease the Bond, and the
Bond has been called for payment by giving notice of that call to the Registered Owner.
Section 11. Pledge of Taxes. The Bonds constitute a general indebtedness of
the City and are payable from tax revenues of the City and such other money as is
lawfully available and pledged by the City for the payment of principal of and interest on
the Bonds. For as long as any of the Bonds are outstanding, the City irrevocably
pledges that it shall, in the manner provided by law within the constitutional and
statutory limitations provided by law without the assent of the voters, include in its
annual property tax levy amounts sufficient, together with other money that is lawfully
available, to pay principal of and interest on the Bonds as the same become due. The
full faith, credit and resources of the City are pledged irrevocably for the prompt
payment of the principal of and interest on the Bonds and such pledge shall be
enforceable in mandamus against the City.
Section 12. Tax Covenants; Designation of Bonds as "Qualified Tax Exempt
Obligations."
(a) Preservation of Tax Exemption for Interest on Bonds. The City covenants
that it will take all actions necessary to prevent interest on the Bonds from being
included in gross income for federal income tax purposes, and it will neither take any
action nor make or permit any use of proceeds of the Bonds or other funds of the City
treated as proceeds of the Bonds that will cause interest on the Bonds to be included in
gross income for federal income tax purposes. The City also covenants that it will, to
the extent the arbitrage rebate requirements of Section 148 of the Code are applicable
to the Bonds, take all actions necessary to comply (or to be treated as having complied)
with those requirements in connection with the Bonds.
(b) Post-issuance Compliance. The Finance Director is authorized and directed
to review and update the City's written procedures to facilitate compliance by the City
with the covenants in this ordinance and the applicable requirements of the Code that
must be satisfied after the Issue Date to prevent interest on the Bonds from being
included in gross income for federal tax purposes.
(c) Designation of Bonds as "Qualified Tax-Exempt Obligations." A Series of
the Bonds may be designated as "qualified tax-exempt obligations" for the purposes of
Section 265(b)(3) of the Code, if the following conditions are met:
(1) the Series does not constitute "private activity bonds" within the meaning of
Section 141 of the Code-,
(2) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds and other obligations not required to be included in such
calculation) that the City and any entity subordinate to the City (including any entity that
the City controls, that derives its authority to issue tax-exempt obligations from the City,
or that issues tax-exempt obligations on behalf of the City) will issue during the calendar
year in which the Series is issued will not exceed $10,000,000; and
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(3) the amount of tax-exempt obligations, including the Series, designated by
the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of
the Code during the calendar year in which the Series is issued does not exceed
$10,000,000.
Section 13. Refunding or Defeasance of the Bonds. The City may issue
refunding bonds pursuant to State law or use money available from any other lawful
source to carry out a refunding or defeasance plan, which may include.-
(a) paying when due the principal of and interest on any or all of the Bonds (the
"defeased Bonds");
(b) redeeming the defeased Bonds prior to their maturity; and
(c) paying the costs of the refunding or defeasance.
If the City sets aside in a special trust fund or escrow account irrevocably pledged to
that redemption or defeasance (the "trust account"), money and/or Government
Obligations maturing at a time or times and bearing interest in amounts sufficient to
redeem, refund or defease the defeased Bonds in accordance with their terms, then all
right and interest of the Owners of the defeased Bonds in the covenants of this
ordinance and in the funds and accounts obligated to the payment of the defeased
Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall
have the right to receive payment of the principal of and interest on the defeased Bonds
solely from the trust account and the defeased Bonds shall be deemed no longer
outstanding. In that event, the City may apply money remaining in any fund or account
(other than the trust account) established for the payment or redemption of the
defeased Bonds to any lawful purpose.
Unless otherwise specified by the City in a refunding or defeasance plan, notice of
refunding or defeasance shall be given, and selection of Bonds for any partial refunding
or defeasance shall be conducted in the manner prescribed in this ordinance for the
redemption of Bonds.
Section 14. Sale and Delivery of the Bonds.
(a) Manner of Sale of Bonds; Delivery of Bonds. The Designated
Representative is authorized to sell each Series of the Bonds by negotiated sale or
private placement or by competitive sale in accordance with a notice of sale consistent
with this ordinance, based on the assessment of the Designated Representative of
market conditions, in consultation with appropriate City officials and staff, Bond Counsel
and other advisors. In determining the method of sale of a Series and accepting the
Final Terms, the Designated Representative shall take into account those factors that,
in the judgment of the Designated Representative, may be expected to result in the
lowest true interest cost to the City.
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(b) Procedure for Negotiated Sale or Private Placement. If the Designated
Representative determines that a Series of the Bonds is to be sold by negotiated sale or
private placement, the Designated Representative shall select one or more Purchasers
with which to negotiate such sale. The Bond Purchase Agreement for each Series of
the Bonds shall set forth the Final Terms. The Designated Representative is authorized
to execute the Bond Purchase Agreement on behalf of the City, so long as the terms
provided therein are consistent with the terms of this ordinance.
(c) Procedure for Competitive Sale. If the Designated Representative
determines that a Series of the Bonds is to be sold by competitive sale, the Designated
Representative shall cause the preparation of an official notice of bond sale setting forth
parameters for the Final Terms and any other bid parameters that the Designated
Representative deems appropriate consistent with this ordinance. Bids for the purchase
of each Series of the Bonds shall be received at such time or place and by such means
as the Designated Representative directs. On the date and time established for the
receipt of bids, the Designated Representative (or the designee of the Designated
Representative) shall open bids and shall cause the bids to be mathematically verified.
The Designated Representative is authorized to award, on behalf of the City, the
winning bid and accept the winning bidder's offer to purchase that Series of the Bonds,
with such adjustments to the aggregate principal amount and principal amount per
maturity as the Designated Representative deems appropriate, consistent with the
terms of this ordinance, and such award shall constitute the Bond Purchase Agreement.
The Designated Representative may reject any or all bids submitted and may waive any
formality or irregularity in any bid or in the bidding process if the Designated
Representative deems it to be in the City's best interest to do so. If all bids are rejected,
that Series of the Bonds may be sold pursuant to negotiated sale or in any manner
provided by law as the Designated Representative determines is in the best interest of
the City, within the parameters set forth in this ordinance.
(d) Preparation, Execution and Delivery of the Bonds. The Bonds will be
prepared at City expense and will be delivered to the Purchaser in accordance with the
Bond Purchase Agreement, together with the approving legal opinion of Bond Counsel
regarding the Bonds.
Section 15. Official Statement; Continuing Disclosure.
(a) Preliminary Official Statement Deemed Final. The Designated
Representative shall review and, if acceptable to him or her, approve the preliminary
Official Statement prepared in connection with each sale of a Series of the Bonds to the
public or through a Purchaser as a placement agent. For the sole purpose of the
Purchaser's compliance with paragraph (b)(1) of Rule 15c2-12, if applicable, the
Designated Representative is authorized to deem that preliminary Official Statement
final as of its date, except for the omission of information permitted to be omitted by
Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds
of a preliminary Official Statement that has been approved by the Designated
Representative and been deemed final, if applicable, in accordance with this
subsection.
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•
(b) Approval of Final Official Statement. The City approves the preparation of a
final Official Statement for each Series of the Bonds to be sold to the public in the form
of the preliminary Official Statement that has been approved and deemed final in
accordance with subsection (a), with such modifications and amendments as the
Designated Representative deems necessary or desirable, and further authorizes the
Designated Representative to execute and deliver such final Official Statement to the
Purchaser if required under Rule 15c2-12. The City authorizes and approves the
distribution by the Purchaser of the final Official Statement so executed and delivered to
purchasers and potential purchasers of a Series of the Bonds.
(c) Undertaking to Provide Continuing Disclosure. If necessary to meet the
requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting
as a participating underwriter for a Series of the Bonds, the Designated Representative
is authorized to execute a written undertaking to provide continuing disclosure for the
benefit of holders of a Series of the Bonds in substantially the form attached as
Exhibit B.
Section 16. Supplemental and Amendatory Ordinances. The City may
supplement or amend this ordinance for any one or more of the following purposes
without the consent of any Owners of the Bonds:
(a) To add covenants and agreements that do not materially adversely affect the
interests of Owners, or to surrender any right or power reserved to or conferred upon
the City.
(b) To cure any ambiguities, or to cure, correct or supplement any defective
provision contained in this ordinance in a manner that does not materially adversely
affect the interest of the Beneficial Owners of the Bonds.
Section 17. General Authorization and Ratification. The appropriate officers of
the City are severally authorized to take such actions and to execute such documents
as in their judgment may be necessary or desirable to carry out the transactions
contemplated in connection with this ordinance, and to do everything necessary for the
prompt delivery of the Bonds to the Purchaser and for the proper application, use and
investment of the proceeds of the Bonds. All actions taken prior to the effective date of
this ordinance in furtherance of the purposes described in this ordinance and not
inconsistent with the terms of this ordinance are ratified and confirmed in all respects.
Section 18. 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.
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Section 19. Severability. The provisions of this ordinance are declared to be
separate and severable. If a court of competent jurisdiction, all appeals having been
exhausted or all appeal periods having run, finds any provision of this ordinance to be
invalid or unenforceable as to any person or circumstance, such offending provision
shall, if feasible, be deemed to be modified to be within the limits of enforceability or
validity. However, if the offending provision cannot be so modified, it shall be null and
void with respect to the particular person or circumstance, and all other provisions of
this ordinance in all other respects, and the offending provision with respect to all other
persons and all other circumstances, shall remain valid and enforceable.
Section 20. 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 12015.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO F a M BY:
Bond Counsel
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments:
Exhibit A — Parameters for Final Terms (Description of the Bonds)
Exhibit B — Form of Undertaking to Provide Continuing Disclosure
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70
FYHIRIT A
DESCRIPTION OF THE BONDS
(a) Principal Amount. The Bonds may be issued in one or more Series
and shall not exceed the aggregate principal
amount of $6,250,000.
(b) Date or Dates. Each Bond shall be dated its Issue Date, which
date may not be later than December 31, 2015.
(c) Denominations, Name, etc. The Bonds shall be issued in Authorized
Denominations and shall be numbered separately
in the manner and shall bear any name and
additional designation as deemed necessary or
appropriate by the Designated Representative.
(d) Interest Rate(s). Each Bond shall bear interest at a fixed rate per
annum (computed on the basis of a 360-day year
of twelve 30-day months) from the Issue Date or
from the most recent date for which interest has
been paid or duly provided for, whichever is later.
One or more rates of interest may be fixed for the
Bonds. No rate of interest for any Bond may
exceed 5.00%, and the true interest cost to the City
for each Series of the Bonds may not exceed
4.25%.
(e) Payment Dates. Interest shall be payable semiannually on dates
acceptable to the Designated Representative,
commencing no later than one year following the
Issue Date. Principal payments shall commence
on a date acceptable to the Designated
Representative and shall be payable at maturity or
in mandatory redemption installments annually
thereafter, on dates acceptable to the Designated
Representative.
Final Maturity. Each Series shall mature no later than the date that
is twenty-one years after the Issue Date of that
Series.
A-1 71
(g) Redemption Rights. The Designated Representative may approve in
the Bond Purchase Agreement provisions for the
optional and mandatory redemption of Bonds,
subject to the following:
(1) Optional Redemption. Any Bond may be
designated as being (A) subject to redemption
at the option of the City prior to its maturity
date on the dates and at the prices set forth in
the Bond Purchase Agreement, or (B) not
subject to redemption prior to its maturity date.
If a Bond is subject to optional redemption
prior to its maturity, it must be subject to such
redemption on one or more dates occurring
not more than 1 OY2years after the Issue Date.
(2) Mandatory Redemption. Any Bond may be
designated as a Term Bond, subject to
mandatory redemption prior to its maturity on
the dates and in the amounts set forth in the
Bond Purchase Agreement.
(h) Price. The purchase price for each Series of the Bonds
may not be less than 98% or more than 120% of
the stated principal amount of that Series.
(i) Other Terms and (1) A Series of the Bonds may not be issued if it
Conditions. would cause the indebtedness of the City to
exceed the City's legal debt capacity on the
Issue Date.
(2) The Designated Representative may
determine whether it is in the City's best
interests to provide for bond insurance or
other credit enhancement; and may accept
such additional terms, conditions and
covenants as he or she may determine are in
the best interests of the City, consistent with
this ordinance.
72 A-2
i:71110IM-11
to-tIM12--j
FORM •
UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE
City of Tukwila, Washington
Limited Tax General Obligation Bonds, 2015
The City of Tukwila, Washington (the "City"), makes the following written
Undertaking for the benefit of holders of the above-referenced bonds (the "Bonds"), for
the sole purpose of assisting the Purchaser in meeting the requirements of paragraph
(b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds.
Capitalized terms used but not defined below shall have the meanings given in
Ordinance No. of the City (the "Bond Ordinance").
(a) Undertaking to Provide Annual Financial Information and Notice of Listed
Events. The City undertakes to provide or cause to be provided, either directly or
through a designated agent, to the MSRB, in an electronic format as prescribed by the
MSRB, accompanied by identifying information as prescribed by the MSRB:
(i) Annual financial information and operating data of the type included in the
final official statement for the Bonds and described in paragraph
(b) ("annual financial information");
(J) Timely notice (not in excess of 10 business days after the occurrence of
the event) of the occurrence of any of the following events with respect to
the Bonds:
(1) principal and interest payment delinquencies',
(2) non-payment related defaults, if material-,
(3) unscheduled draws on debt service reserves reflecting financial
difficulties,
(4) unscheduled draws on credit enhancements reflecting financial
difficulties-,
(5) substitution of credit or liquidity providers, or their failure to perform,
(6) adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notice of Proposed
Issue (IRS Form 5701 — TEB) or other material notices or
determinations with respect to the tax status of the Bonds, or other
material events affecting the tax status of the Bonds-,
(7) modifications to rights of holders of the Bonds, if material-,
B-1 73
(8) bond calls (other than scheduled mandatory redemptions of Term
Bonds), if material, and tender offers;
(9) defeasances;
(10) release, substitution, or sale of property securing repayment of the
Bonds, if material;
(11) rating changes,
(12) bankruptcy, insolvency, receivership or similar event of the City, as
such "Bankruptcy Events" are defined in Rule 15c2-12;
(13) the consummation of a merger, consolidation, or acquisition involving
the City or the sale of all or substantially all of the assets of the City
other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of
a definitive agreement relating to any such actions, other than
pursuant to its terms, if material-, and
(14) appointment of a successor or additional trustee or the change of
name of a trustee, if material.
(iii) Timely notice of a failure by the City to provide required annual financial
information on or before the date specified in paragraph (b).
(b) Type of Annual Financial Information Undertaken to be Provided. The
annual financial information that the City undertakes to provide in paragraph (a):
(i) Shall consist of:
(1) annual financial statements prepared (except as noted in the financial
statements) in accordance with applicable generally accepted
accounting principles applicable to local governmental units of the
State such as the City, as such principles may be changed from time
to time, which statements may be unaudited, provided, that if and
when audited financial statements are prepared and available they will
be provided,
(2) principal amount of general obligation bonds outstanding at the end of
the applicable fiscal year;
(3) assessed valuation for that fiscal year, and
(4) property tax levy amounts and rates for that fiscal year;
(ii) Shall be provided not later than the last day of the ninth month after the
end of each fiscal year of the City (currently, a fiscal year ending
December 31), as such fiscal year may be changed as required or
permitted by State law, commencing with the City's fiscal year ending
December 31, 2014; and
74 B-2
(iii) May be provided in a single or multiple documents, and may be
incorporated by specific reference to documents available to the public on
the Internet website of the MSRB or filed with the SEC.
(c) Amendment of Undertaking. This Undertaking is subject to amendment after
the primary offering of the Bonds without the consent of any holder of any Bond, or of
any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency
or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12.
The City will give notice to the MSRB of the substance (or provide a copy) of any
amendment to the Undertaking and a brief statement of the reasons for the amendment.
If the amendment changes the type of annual financial information to be provided, the
annual financial information containing the amended financial information will include a
narrative explanation of the effect of that change on the type of information to be
provided.
(d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the
holder of each Bond, and shall not inure to the benefit of or create any rights in any
other person.
(e) Termination of Undertaking. The City's obligations under this Undertaking
shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's
obligations under this Undertaking shall terminate if the provisions of Rule 15c2-12 that
require the City to comply with this Undertaking become legally inapplicable in respect
of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to
the City, and the City provides timely notice of such termination to the MSRB.
(f) Remedy for Failure to Comply with Undertaking. As soon as practicable
after the City learns of any failure to comply with this Undertaking, the City will proceed
with due diligence to cause such noncompliance to be corrected. No failure by the City
or other obligated person to comply with this Undertaking shall constitute a default in
respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action
to compel the City or other obligated person to comply with this Undertaking, including
seeking an order of specific performance from an appropriate court.
(g) Designation of Official Responsible to Administer Undertaking. The
Finance Director or his or her designee is the person designated, in accordance with the
Bond Ordinance, to carry out the Undertaking in accordance with Rule 15c2-12,
including, without limitation, the following actions:
(i) Preparing and filing the annual financial information undertaken to be
provided,
(ii) Determining whether any event specified in paragraph (a) has occurred,
assessing its materiality, where necessary, with respect to the Bonds, and
preparing and disseminating any required notice of its occurrence-,
B-3 75
(iii) Determining whether any person other than the City is an "obligated
person" within the meaning of Rule 15c2-12 with respect to the Bonds, and
obtaining from such person an undertaking to provide any annual financial
information and notice of listed events for that person required under Rule
15c2-12;
(iv) Selecting, engaging and compensating designated agents and consultants,
including financial advisors and legal counsel, to assist and advise the City
in carrying out this Undertaking; and
(v) Effecting any necessary amendment of this Undertaking.
76 B-4
CERTIFICATION
1, the undersigned, City Clerk of the City of Tukwila, Washington (the "City"), hereby
certify as follows:
1. The attached copy of Ordinance No. _ (the "Ordinance") is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the
City held at the regular meeting place thereof on March 16, 2015, as that ordinance
appears on the minute book of the City.
2. The Ordinance will be in full force and effect five days after publication in the
City's official newspaper, which publication date is expected to be March 19, 2015.
3. A quorum of the members of the City Council was present throughout the
meeting and a majority of the members voted in the proper manner for the passage of
the Ordinance.
Dated: March 16, 2015.
CITY OF TUKWILA, WASHINGTON
Christy O'Flaherty, MMC, City Clerk
77
w
CO uNcm AGENDA SYNOPSIS
----- Inilials
Meelin
,g Date
Prepared lry
May A s review
Co u n nil review
03/09/15
PMC
❑ Resolution
Mtg Date
Z Ordinance
Altg Date 03116115
03/16/15
PMC
C'
SPONSOR ❑ Council ❑ M4gor ❑ 1 IR ❑ DCD Z Finance, ❑ ,Fire ❑ IT ❑ P&R ❑ Police ❑ PW/
SPONSOR'S The Council is being asked to approve an ordinance amending the Limited Tax General
SUMMARY Obligation Bond Anticipation Note, 2014, ordinance No. 2464 and the Limited Tax General
Obligation Bonds, 2014, ordinance No. 2465 to conform the debt service payment dates
with the dates specified at closing by the purchasers of the Note and the Bonds,
respectively.
Ri;1virwi,'J) i3y [—] cow mtg. ❑ CA&P Cmte Z F&S Cinte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 3/3/15 COMMITITE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
C()NINI "I"" : F Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
AMOUM, BUDGF"TED APPROPRIATION REQUIRED
Fund Source:
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
3/9/15
ITEM NO.
5.B.
79
S "TAT PEGGY MCCARTHY
3/9/15
A(,FNI)A ITFIMTITJJ,; Amend Ordinance No. 2464 and No. 2465 regarding debt service payment dates
CATT'GORY Z Discussion
At g Date 319115
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
Z Ordinance
Altg Date 03116115
F-1 Bid,,12vard
AIR Dale
❑ Publi•.Heatin g
Atg Date
❑ Other
At g Di te
SPONSOR ❑ Council ❑ M4gor ❑ 1 IR ❑ DCD Z Finance, ❑ ,Fire ❑ IT ❑ P&R ❑ Police ❑ PW/
SPONSOR'S The Council is being asked to approve an ordinance amending the Limited Tax General
SUMMARY Obligation Bond Anticipation Note, 2014, ordinance No. 2464 and the Limited Tax General
Obligation Bonds, 2014, ordinance No. 2465 to conform the debt service payment dates
with the dates specified at closing by the purchasers of the Note and the Bonds,
respectively.
Ri;1virwi,'J) i3y [—] cow mtg. ❑ CA&P Cmte Z F&S Cinte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 3/3/15 COMMITITE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
C()NINI "I"" : F Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
AMOUM, BUDGF"TED APPROPRIATION REQUIRED
Fund Source:
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
3/9/15
Forward to next Regular Meeting
3/16/15
MTG. DATE
ATTACHMENTS
3/9/15
Informational Memorandum dated 2/25/15
Ordinance in Draft Form, with attachments
Minutes from the Finance and Safety Committee meeting of 3/3/2015
3/16/15
Ordinance
i
79
F• H
Cl*ty of Tu1<:Wi*1,
Washington
10 A • • • •
A A ill' 0 MMI Musa=
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WHEREAS, the City previously issued its Limited Tax General Obligation Bond
Anticipation Note, 2014 (the "Note") pursuant to Ordinance No. 2464, and its Limited
Tax General Obligation Bonds, 2014 (the "Bonds") pursuant to Ordinance No. 2465;
and
WHEREAS, this amendment is necessary to conform the debt service payment
dates set forth in Ordinance No. 2464 and Ordinance No. 2465, respectively, to the
dates specified at closing by the purchasers of the Note and the Bonds, respectively;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 2464, Section 4, Amended. Except as amended by
this ordinance, all other provisions of Ordinance No. 2464 shall remain in full force and
effect and all actions taken at any time prior to the effective date of this ordinance,
which are consistent with Ordinance No. 2464 as so amended, are hereby ratified and
confirmed in all respects.
Section 4 of Ordinance No. 2464, subparagraphs B and C, are hereby amended to
read as set forth below. (Additions are double underlined and deletions are enclosed in
double parentheses and struck through.)
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a
I Vrrlwilme fin r MWISTM
B. Interest. Each Draw shall bear interest at the Interest Rate selected by the
City from the Date of each Draw, which shall be computed on the basis of a year of 360
days for the actual number of days elapsed. The City Finance Director shall designate
the Fixed Rate or the applicable Variable Rate Period with respect to each Draw in the
Draw Request. So long as no Event of Default has occurred and is continuing, interest
shall accrue on each Draw at the applicable Interest Rate. Upon the occurrence of an
Event of Default and until such default is cured, the Bank may, at its option, impose the
Default Rate.
Interest on the outstanding principal amount of the Note will be paid quarterly,
beginning ((Ap4))March 1, 2015, and each ((ApM))March 1, June 1, September 1 and
December 1 thereafter, to and including the Maturity Date. If the first day of a calendar
month is not a Business Day, the payment shall be due on the next succeeding
Business Day.
The City may elect to convert any Fixed Rate Draw to a Variable Rate as set forth
in the Line of Credit Agreement, and may convert any Variable Rate Draw to a different
Variable Rate Period or to a Fixed Rate at the expiration of any Variable Rate Period.
Unless the City affirmatively elects a new Variable Rate Period in writing received by the
Bank on or before 2:00 p.m. (Pacific Time) on the last Business Day of a Variable Rate
Period for a specific Draw, the Interest Rate for such Draw shall be renewed for a
successive Variable Rate Period of the same length as the expiring Variable Rate
Period. Notwithstanding the foregoing, the Finance Director may consent to different
terms in the Line of Credit Agreement regarding the Variable Rate Periods and indices
available and regarding conversion of interest rate modes, if she deems the terms in the
Line of Credit Agreement to be in the City's best interests.
C. Commitment Fee. The City agrees to pay a commitment fee of 0.50% on the
average daily balance of the unused portion of the commitment amount (i.e., the
maximum stated amount of the Note, less the sum of all Draws) calculated on the basis
of a 360-day year and the actual days elapsed. The commitment fee shall be payable
quarterly in arrears on each interest payment date, commencing on ((Apf4))March 1,
2015.
Section 2. Ordinance No. 2464, Section 5, Amended. Except as amended by
this ordinance, all other provisions of Ordinance No. 2464 shall remain in full force and
effect and all actions taken at any time prior to the effective date of this ordinance,
which are consistent with Ordinance No. 2464 as so amended, are hereby ratified and
confirmed in all respects.
Section 5 of Ordinance No. 2464 is hereby amended to read as set forth below.
(Additions are double underlined and deletions are enclosed in double parentheses and
struck through.)
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Term Out Provision. If, on the Maturity Date, the City is unable to pay the
principal of or interest on the Note then due and payable in full and no Event of Default
has occurred and is continuing, the Maturity Date shall be extended for a term of one
year, to December 1, 2018. This period shall be referred to as the "Term Out Period."
Interest on the outstanding principal amount shall accrue from and after December 1,
2017 at a rate equal to the Fixed Rate plus 2.0%, calculated on the basis of a year of
360 days for the actual number of days elapsed. Interest and Principal shall be due and
payable in four approximately equal quarterly installments, on ((Apm))March 1, 2018,
June 1, 2018, September 1, 2018 and December 1, 2018. The maximum term of the
Note issued under this ordinance shall not be extended beyond December 1, 2018
without written approval by the Bank accepted by the City Council.
Section 3. Exhibit A to Ordinance No. 2465 Amended. Except as amended by
this ordinance, all other provisions of Ordinance No. 2465 shall remain in full force and
effect and all actions taken at any time prior to the effective date of this amendatory
ordinance, which are consistent with Ordinance No. 2465 as so amended, are hereby
ratified and confirmed in all respects.
Exhibit A of Ordinance No. 2465 is hereby amended to read as set forth in Exhibit A
to this ordinance. (Additions are double underlined and deletions are enclosed in
double parentheses and struck through.)
Section 4. General Authorization and Ratification. The appropriate officers of
the City are severally authorized to take such actions and to execute such documents
as in their judgment may be necessary or desirable to carry out the transactions
contemplated in connection with this ordinance, and to do everything necessary for the
prompt delivery of the Bonds to the Purchaser and for the proper application, use and
investment of the proceeds of the Bonds. All actions taken prior to the effective date of
this ordinance in furtherance of the purposes described in this ordinance and not
inconsistent with the terms of this ordinance are ratified and confirmed in all respects.
Section 5. 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 6. Severability. The provisions of this ordinance are declared to be
separate and severable. If a court of competent jurisdiction, all appeals having been
exhausted or all appeal periods having run, finds any provision of this ordinance to be
invalid or unenforceable as to any person or circumstance, such offending provision
shall, if feasible, be deemed to be modified to be within the limits of enforceability or
validity. However, if the offending provision cannot be so modified, it shall be null and
void with respect to the particular person or circumstance, and all other provisions of
this ordinance in all other respects, and the offending provision with respect to all other
persons and all other circumstances, shall remain valid and enforceable.
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M.
Section 7. 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 12015.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Bond Counsel
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Exhibit A, Description of the Bonds
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Exhibit A
EXHIBIT A
DESCRIPTION OF THE BONDS
(a) Principal Amount:
(b) Purchase Price:
(c) Interest Payment Dates:
(d) Maturity and Interest Rates
$3,850,000
$3,850,000 (par amount of the Bonds)
June 1 and December 1, commencing June 1, 2015.
The Bonds shall mature on the dates and bear interest at
the initial rates (computed on the basis of a 360 -day year of
twelve 30 -day months), as follows:
City of Tukwila, Washington
Limited Tax General Obligation Bonds, 2014 (Taxable)
Maturity
Principal
Interest
Maturity
Principal
Interest
(Dec 1)
Amount
Rate
(Dec 1)
Amount
Rate
2015
$141,000
0.85%
2021
$ 165,000
3.93%
2016
149,000
1.17
2022
172,000
4.32
2017
150,000
1.60
2023
179,000
4.63
2018
153,000
2.17
2024
187,000
4.86
2019
156,000
2.67
2020
160,000
3.26
2034
2,238,000
2.85(')
(1) Commencing Decemberf(daryar-y)) 1, 2019, interest on those Bonds maturing
December 1, 2034, will be adjusted to the 5 -year Advance Fixed Bullet Rate, as quoted by
the Seattle Federal Loan Bank from time to time, divided by 0.65, which will remain in
effect through and including November 30((D-eeen,-her 3-1)), 2024. Commencing
December 1 2024((Ja^i,202 -5)), interest on those Bonds maturing December 1,
2034, will be adjusted to the 5 -year Advance Fixed Bullet Rate, as quoted by the Seattle
Federal Loan Bank from time to time, divided by 0.65, which will remain in effect through
and including November 30((Derem4°r 21)), 2029. Commencing December 1, 2029
(( j.,,,u ary , 20 )), interest on those Bonds maturing December 1, 2034, will be adjusted
to the 5 -year Advance Fixed Bullet Rate, as quoted by the Seattle Federal Loan Bank from
time to time, divided by 0.65, which will remain in effect through and including December 1,
2034.
(e) Optional Redemption: The Bonds maturing on and after December 1, 2020, are
subject to redemption in whole or in part on or after
December 1, 2019, without penalty at any time, upon 30 days
written notice to the Registered Owner(s) of the Bond(s) to be
redeemed.
A -1
M.
(f) Mandatory Redemption: The Bond due on December 1, 2034 will be paid in annual
principal installments, plus accrued interest, on December 1
in the years and amounts as follows:
Term Bonds Maturing 2034
Mandatory
Redemption
Years
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034*
*Maturity.
86 A -2
Mandatory
Redemption
Amounts
$197,000
202,000
208,000
214,000
220,000
226,000
233,000
239,000
246,000
253,000
CERTIFICATION
I, the undersigned, City Clerk of the City of Tukwila, Washington (the "City "), hereby
certify as follows:
1. The attached copy of Ordinance No. (the "Ordinance ") is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the
City held at the regular meeting place thereof on 2015, as that
ordinance appears on the minute book of the City.
2. The Ordinance will be in full force and effect five days after publication in the
City's official newspaper, which publication date is , 2015.
3. A quorum of the members of the City Council was present throughout the
meeting and a majority of the members voted in the proper manner for the passage of
the Ordinance.
Dated:
2015.
CITY OF TUKWIIA, WASHINGTON
Christy O'Flaherty, MMC, City Clerk
:/
r-I on
iiiq; lip
941 ram it
----------------------------- - - - - -1 niCiab - --------------------------------- I ITEM No.
Me'lin Dal e
,g
Pre ared /�y
Ma or s 11)
Council review
03/09/15
PMC
[:] Re.whaim
Mtg Date
'14
03/16/15
PMC
F-1011ger
A,1tQ Data
SPONSOR ❑ (-,ou&i1 ❑ Mayor ❑ JIR E].DC'D Z,Hnaiice 017ire ❑ IT ❑ P&R ❑ Po&-e ❑ PIV
SPONSOR'S Council is being asked to authorize the Mayor to sign the agreement to extend the Animal
SUMMARY Services Interlocal Agreement through December 31, 2017. The current ILA expires on
December 31, 2015.
m, ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte F-1"Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ Planning COMM.
DATF�,: 03/03/15 COMMY17EE CI IAIR: HOUGARDY
RECOMMENDATIONS:
SPONSM/ADMIN. Finance
("ONIN"", T,"," Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
1,'1XPkNDFFLJRF Ri"QUIRI'll) AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
03/09/15
ITEM INFORMATION
5-C.
we
Al'T'SPONSOR: PEGGY MCCARTHY
03/09/15
A(;I,"Nt)A ITFAITITLF Authorize the Mayor to sign the agreement to extend the Animal Services Interlocal
Agreement Through December 31, 2017.
Cxri,"(;()Ry ❑ Discussion
Altg Date 03109119
Z Motion
AJt�g Dale 03116115
[:] Re.whaim
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid zlward
Mtg Dale
❑ Public Heariq
Mi
,g Date
F-1011ger
A,1tQ Data
SPONSOR ❑ (-,ou&i1 ❑ Mayor ❑ JIR E].DC'D Z,Hnaiice 017ire ❑ IT ❑ P&R ❑ Po&-e ❑ PIV
SPONSOR'S Council is being asked to authorize the Mayor to sign the agreement to extend the Animal
SUMMARY Services Interlocal Agreement through December 31, 2017. The current ILA expires on
December 31, 2015.
m, ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte F-1"Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ Planning COMM.
DATF�,: 03/03/15 COMMY17EE CI IAIR: HOUGARDY
RECOMMENDATIONS:
SPONSM/ADMIN. Finance
("ONIN"", T,"," Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
1,'1XPkNDFFLJRF Ri"QUIRI'll) AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
03/09/15
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
03/09/15
Informational Memorandum dated 02/25/15
Agreement to extend Animal Services Interlocal Agreement through December 31, 2017
Minutes from the Finance and Safety Committee meeting 03/03/15
03/16/15
No Attachments
we
•X
COUNCIL AGENDA SYNOPSIS
Initials
Alleeliq Dale
Prepared iry
Mayors review
Council retiew
11/24/14
MD
❑ Resolution
Af g Dale
N Ordinance
A4/9 Date 3/16/1,5
12/01/14
MD
❑ Other
A Lk, Date
SPONSOIt ❑ Council ❑ iWayor ❑ ( JR N DCD E] l'inanc-e ❑ Pin, ❑ IT ❑ Pc'7R, ❑ Police ❑ PV
03/09/15
MD
RECOMMENDATIONS:
SJIONSoiR /AiXWN. Department of Community Development
C()mMH-j'F', Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ExPi�NI)ITURF, Ri;1(2uij21si) AMOUNT BUDGETED APPROPRIATION REQUIRED
03/16/15
MD
141144 C-
. LA
ITEM INFORMATION
ITEM NO.
5.D.
-T-ST-Al
T'SPONSOIR: JACK PACE
ORI(',IN,\],A(,,I:NI)AD,,\,i,i.,: 11/24/15
A(3FINDA ITI,"WITI'LF An Ordinance and Development Agreement for the proposed hotel at 90 Andover
Park East.
Discussion
M(g Dale 319119
❑ Motion
Altg Dale
❑ Resolution
Af g Dale
N Ordinance
A4/9 Date 3/16/1,5
❑ Bid Award
Alig Dale
N Public Fleari)'l
'g
Mtg Dale 11124114
❑ Other
A Lk, Date
SPONSOIt ❑ Council ❑ iWayor ❑ ( JR N DCD E] l'inanc-e ❑ Pin, ❑ IT ❑ Pc'7R, ❑ Police ❑ PV
SPONSOWS Development Agreement for the proposed hotel development at 90 Andover Park East that
SU"MNL\RY would allow the shared use of parking in the right-of-way of Christensen Road. The
Council is being asked to consider the draft ordinance and the associated development
agreement.
Rj,xi I .W ,1'1) BY ❑ cow mtg. CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Plant-ling Comm.
DATE: 2/23/15 CONIMI'ITEE CI IATR: VERNA SEAL
RECOMMENDATIONS:
SJIONSoiR /AiXWN. Department of Community Development
C()mMH-j'F', Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ExPi�NI)ITURF, Ri;1(2uij21si) AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments.-
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
Discussion and Public Hearing
12/1/14
Discussion and referred back to Community Affairs and Parks Committee
3/9/15
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
3/9/15
Information Memorandums dated dated 2/18/15 and 11/18/14
Parks Commission meeting minutes
Memo analyzing the proposal regarding the regulations in the shoreline zone/buffer map
Letter from Developer with three alterate site plans
Ordinance and Development Agreement
Minutes from the Community Affairs and Parks Committee meeting of 2/23/15
3/16/15
Ordinance
—[-—r
91
92
0
*ty of Tukwi
C1 la
Washington
AR07MMITOM
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING
THE DEVELOPMENT AGREEMENT WITH TUKWILA TSD,
LLC, FOR THE SHARED USE OF PARKING IN THE PUBLIC
RIGHT-OF-WAY OF CHRISTENSEN ROAD AS IT RELATES
TO THE PLANNED DEVELOPMENT OF A HOTEL LOCATED
AT 90 ANDOVER PARK EAST; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.7013.170, et seq. and Tukwila Municipal Code (TMC) Chapter
18.86 authorize development agreements between the City and persons having
ownership or control of real property in order to establish development standards to
govern and vest the development, use and mitigation of real properties; and
WHEREAS, Tukwila TSD, LLC, desires to build a new five-story hotel at 90
Andover Park East with over 90 guest rooms; and
WHEREAS, Tukwila TSD, LLC, proposes non-exclusive use of parking and drive
aisle area in the right-of-way of Christensen Road to meet the parking requirements for
the proposed hotel at 90 Andover Park East; and
WHEREAS, Tukwila TSD, LLC, also proposes to construct additional parking in the
right-of-way, provide monetary compensation to the City for the shared use of parking,
and maintain parking in the public right-of-way for the term of the agreement-, and
WHEREAS, the City of Tukwila and Tukwila TSD, LLC, wish to enter into a
Development Agreement for the shared use of parking in the public right-of-way of
Christensen Road as it relates to the planned development of a hotel located at 90
Andover Park East, a copy of which is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a
public hearing was conducted on the 24th day of November 2014 to take public
testimony regarding this Development Agreement, as proposed, and
W- Word Processing\Ordinan(,es\DA-Shared use of parking at 90 APE DA 2-27-15
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93
WHEREAS, the City Council finds that the terms of this Development Agreement
are necessary to achieve public benefits, to respond to changing community needs and
to encourage modifications that adequately achieve the purposes of otherwise
applicable City standards,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement. The Development Agreement by and
between the City of Tukwila and Tukwila TSD, LLC, for the use of shared parking in the
public right-of-way of Christensen Road as it relates to the planned development of a
hotel located at 90 Andover Park East, a copy of which is attached hereto as Exhibit A,
is hereby approved, and the Mayor is authorized and directed to execute said
Development Agreement on behalf of the City of Tukwila.
Section 2. 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 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12015.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
Rachel B. Turpin, City Attorney
Exhibit A — Development Agreement
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
VV: Word Processing\Ordinances\DA-Shared use of parking at 90 APE DA 2-27-15
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•2
Page 2 of 2
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF TUKWILA AND
TUKWILA TSD LLC, FOR THE SHARED USE OF PARKING IN THE
RIGHT-OF-WAY OF CHRISTENSEN ROAD, AS IT RELATES TO THE
PLANNED DEVELOPMENT OF A HOTEL LOCATED AT 90 ANDOVER PARK EAST
THIS DEVELOPMENT AGREEMENT is made and entered into this 1, day of
, 2015, by and between the City of Tukwila, a noncharter, optional code
Washington municipal corporation, hereinafter the "City," and Tukwila TSD LLC, a (corporation,
limited partnership, partnership, etc.) organized under the laws of the State of Washington,
hereinafter the "Developer."
11. RECITALS
WHEREAS, the Developer desires to develop a new five-story hotel at 90 Andover Park East
with over 90 guest rooms; and
WHEREAS, one parking space per guest room is required for lodging uses in the Tukwila
Urban Center Transit Oriented Development District; and
WHEREAS, the Developer has submitted a site plan showing the required number of parking
stalls for the hotel cannot be accommodated as surface parking on the project site; and
WHEREAS, the Developer proposes non-exclusive use of parking and drive aisle area in the
right-of-way of Christensen Road to meet the parking requirements for the proposed hotel at 90
Andover Park East; and
WHEREAS, the City of Tukwila is the owner of the Christensen Road right-of-way, which
includes undeveloped area adjacent to the project's eastern property line, paved street, parking, and
cul-de-sac areas; and
WHEREAS, the parking area in the right-of-way of Christensen Road is currently used by
members of the public for access to the Green River Trail, shoreline, and parks areas; and
WHEREAS, hotel parking spaces are expected to be used primarily in the evening and
nighttime hours; parking spaces for trail, shoreline, and parks access are expected to be used during
daylight hours; and
WHEREAS, the Developer proposes to add parking spaces within the undeveloped right-of-
way area adjacent to the hotel site and to reconfigure existing spaces to increase the number of
parking spaces that would be shared for hotel use and the public for access to the Green River Trail;
and
1
95
WHEREAS, all parking spaces within the right-of-way area will be shared and at least
four/seven spaces will be designated for non-hotel users to ensure access to the Green River Trail for
members of the public; and
WHEREAS, the Developer proposes to maintain the parking area within the right-of-way as
outlined in Exhibit 2 for the length of this agreement; and
WHEREAS, the vision for parking areas within the Transit Oriented Development (TOD)
Neighborhood in the Southcenter Subarea Plan is that "parking will be accommodated by a
combination of off- and on-street parking spaces /lots" and shared parking facilities. "Such facilities
can be shared between public and private uses" (p. 19); and
WHEREAS, the Developer proposes to construct a pedestrian connection between the
intersection of Andover Park East and Tukwila Parkway to the Green River Trail; and
WHEREAS, implementation strategies for policy 10.2.1 of the Tukwila Comprehensive Plan
include "Seek opportunities for public/private partnerships;" and
WHEREAS, a through-way from Andover Park East to Christensen Road will be constructed as
part of the project to replace the emergency vehicle maneuvering function of the cul-de-sac; and
WHEREAS, uses that provide public access are prioritized in the Urban Conservancy
Environment in the Shoreline Element of the Tukwila Comprehensive Plan and the proposed
development furthers this goal; and
WHEREAS, the Washington State Legislature has authorized the execution of a development
agreement between a local government and a person having ownership or control of real property
within its jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, a development agreement must set forth the development standards and other
provisions that shall apply to, govern and vest the development, use and mitigation of the
development of the real property for the duration specified in the agreement (RCW 36.70B.170(1));
and
WHEREAS, for the purposes of this development agreement, "development standards"
includes, but is not limited to, all of the standards listed in RCW 36.70B.170(3); and
WHEREAS, a development agreement must be consistent with the applicable development
regulations adopted by a local government planning under chapter 36.70A RCW (RCW
36.70B.170(1)); and
2
M
WHEREAS, Tukwila Municipal Code Section 18.86.030 explicitly allows for flexibility in
development standards applicable to a property developed under a development agreement "to
achieve public benefits, respond to changing community needs, or encourage modifications which
provide the functional equivalent or adequately achieve the purposes of otherwise applicable City
standards"; and
WHEREAS, this Development Agreement by and between the City of Tukwila and the
Developer (hereinafter the "Development Agreement"), relates to the development known as the 90
Andover Park East Hotel, which is located at: 90 Andover Park East (hereinafter the "Subject
Property"); and
WHEREAS, a development agreement must be approved by ordinance or resolution after a
public hearing (RCW 36.70B.200); and
WHEREAS, a public hearing for this Development Agreement was held on November 24,
2014, and the City Council approved this Development Agreement by Ordinance No. on
; and
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto
agree as follows:
111. AGREEMENT
Section 1. The Project. The Project is the development and use of the Subject Property,
consisting of 0.39 acres (approximately 17,000 square feet) in the City of Tukwila located at 90
Andover Park East and a portion of Christensen Road right-of-way for a 92-room 5-story hotel and
45(o4 on' I) / 4'8('optioh3) shared parking spaces on Christensen Road right-of-way, as shown on
Exhibit 2.
Section 2. The Subject Property. The Subject Property and right-of-way are legally
described in Exhibit 1, attached hereto and incorporated herein by this reference.
Section 3. Definitions. As used in this Development Agreement, the following terms, phrases
and words shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement,
as required by RCW 36.70B.200.
b) "Council" means the duly elected legislative body governing the City of Tukwila.
c) "Design Guidelines" means the Tukwila Design Manual, as adopted by the City.
d) "Director" means the City's Community Development Director.
e) "Effective Date" means the effective date of the Adopting Ordinance.
3
97
f) "Existing Land Use Regulations" means the ordinances adopted by the City Council of
Tukwila in effect on the Effective Date, including the adopting ordinances that govern the permitted
uses of land, the density and intensity of use, and the design, improvement, construction standards
and specifications applicable to the development of the Subject Property, including, but not limited to
the Comprehensive Plan, the City's Official Zoning Map and development standards, the Design
Manual, the Public Works Standards, SEPA, Concurrency Ordinance, and all other ordinances,
codes, rules and regulations of the City establishing subdivision standards, park regulations, building
standards. "Existing Land Use Regulations" does not include non-land use regulations, which
includes taxes and impact fees.
g) "Landowner" is the party who has acquired any portion of the Subject Property from the
Developer who, unless otherwise released as provided in this Agreement, shall be subject to the
applicable provisions of this Agreement. The "Developer" is identified in Section 5 of this
Agreement.
h) "Project" means the anticipated development of the Subject Property, as specified in Section
I and as provided for in all associated permits/approvals, and all incorporated exhibits.
i) "Vesting date" means the date a valid and fully complete building permit application for the
hotel is submitted to the City of Tukwila.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
A. Exhibit I - Legal description of the Subject Property and the right-of-way. (Option 2 or 3)
B. Exhibit 2 - Conceptual Site Plan (Option 2 or Option
Section 5. Parties to Development Agreement. The parties to this Agreement are:
A. The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188.
B. The "Developer" or Owner is a private enterprise which owns the Subject Property in fee,
and whose principal office is located at 21109 66th Avenue South, Kent, WA 98032.
C. The "Landowner." From time to time, as provided in this Agreement, the Developer may
sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless
otherwise released, shall be subject to the applicable provisions of this Agreement related to such
portion of the Subject Property.
Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is
a private development and that the City has no interest therein except as explicitly outlined in this
Agreement and as authorized in the exercise of its governmental functions.
M
9:1
Section 7. Effective Date and Term. This Agreement shall commence upon the effective date
of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of 50
years, with the option to extend the Agreement an additional 30 years, unless extended or terminated
as provided herein. Following the expiration of the term or extension thereof, or if sooner terminated,
this Agreement shall have no force and effect, subject however, to post - termination obligations of the
Developer or Landowner.
Section 8. Terms.
A. Design
• The Project at 90 Andover Park East shall be allowed non-exclusive use rights for the
parking spaces and drive aisle area of Christensen Road (as depicted in Exhibit 2) to
meet minimum parking requirements for the development. This Agreement shall not
preclude the City from entering into additional agreements regarding use of this area by
other private parties. The Project will be subject to the development regulations in effect
at the time of complete permit application submittals.
• The site plan attached as Exhibit 2 is included with this Agreement for reference only,
and has not yet been approved as of the date of execution of this Agreement. The site
plan shall be subject to modifications during review of the required land use permits.
• As a result of the cul-de-sac closure, public access through 90 Andover Park East is
hereby allowed and provided for.
• The Developer shall construct a pedestrian connection between the intersection of
Andover Park East and Tukwila Parkway to the Green River Trail.
• All shared parking stalls will be constructed and maintained to Public Works
Infrastructure Design and Construction Standards.
• The Developer shall be responsible for making a payment of $93,849(optionl 2)/
$145,897(option 3) to the City of Tukwila. This payment shall be made prior to the
issuance of the building permit for the hotel.
B. Construction
• The cost of permits and plans required for construction of the parking area shall be borne
by the Developer and submitted as part of the permits for the hotel. The parking in the
right-of-way must receive final approval by all required City departments prior to
issuance of the Certificate of Occupancy for the hotel.
C. Maintenance
• The parking area shall be subject to inspections every five years.
• Developer is solely responsible for the cost and maintenance of the parking spaces. New
striping of the parking spaces shall be completed every three years.
M
D. Operations
• A total of 92 parking spaces are required for the 92-room, hotel as proposed. The site
plan in Exhibit 2 includes 98(option2) parking spaces. All parking
spaces within the right-of-way of Christensen Road shall be for the joint use of the hotel
users and members of the public and at least o'
four( ti' n seven
p o . (o'ption3) spaces shall
be designated for non-hotel users to ensure access to the Green River Trail for members
of the public. If the final design of the hotel is for less than 92 rooms, then any additional
spaces after calculating one space per room plus two spaces shall be designated for non-
hotel users.
Section 9. Vested Rights. During the term of this Agreement, unless sooner terminated in
accordance with the terms hereof, in developing the Subject Property consistent with the Project
described herein, Developer is assured, and the City agrees, that the development rights, obligations,
terms and conditions specified in this Agreement, are fully vested in the Developer and may not be
changed or modified by the City, except as may be expressly permitted by, and in accordance with,
the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented
thereto by the Developer.
Section 10. Minor Modifications. Minor modifications from the approved permits or the
exhibits attached hereto may be approved in accordance with the provisions of the City's code, and
shall not require an amendment to this Agreement.
Section 11. Further Discretionary Actions. Developer acknowledges that the Existing Land
Use Regulations contemplate the exercise of further discretionary powers by the City. These powers
include, but are not limited to, review of additional permit applications under Shoreline Substantial
Development Permit and Design Review. Nothing in this Agreement shall be construed to limit the
authority or the obligation of the City to hold legally required public hearings, or to limit the
discretion of the City and any of its officers or officials in complying with or applying Existing Land
Use Regulations.
Section 12. Existing Land Use Fees and Impact Fees.
A. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement
may be increased by the City from time to time, and are applicable to permits and approvals for the
Subject Property, as long as such fees apply to similar applications and projects in the City.
B. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed
in Chapters 16.26 and 9.48 of the Tukwila Municipal Code.
IV. GENERAL PROVISIONS
Section 1. Assignment of Interests, Rights, and Obligations. This Agreement shall be
binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement
without the written consent of the other Party, which consent shall not unreasonably be withheld.
This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and
assigns of the Developer and the City.
I
100
Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the
Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set
forth herein.
Section 3. Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the
application thereof to any person or circumstance, shall not affect the validity of the remainder of this
Agreement, or the validity of its application to other persons or circumstances.
Section 4. Termination. This Agreement shall expire and/or terminate as provided below:
A. This Agreement shall expire and be of no further force and effect if the Developer fails to
submit a complete building permit application for the construction of the hotel within one year, or if
the Project construction is not completed within three years, of the effective date of this Agreement;
or if at any time after Project construction is completed, Developer fails to maintain the parking areas
according to the terms of this Agreement. Nothing in this Agreement shall extend the expiration date
of any permit or approval issued by the City for any development.
B. This Agreement shall expire and be of no further force and effect if the Developer does not
construct the Project as contemplated by the permits and approvals identified in this Agreement, or
submits applications for development of the Subject Property that are inconsistent with such permits
and approvals.
C. This Agreement shall terminate at such time as a change of use occurs at 90 Andover Park
East, or at such time as 90 Andover Park East is redeveloped.
D. This Agreement shall terminate in the event the Washington State Department of
Transportation (WSDOT) widens Interstate 405 in the vicinity of the Subject Property, or should any
other project or condition arise that requires reconfiguration of Tukwila Parkway and/or the Project
parking area.
E. This Agreement shall terminate upon the abandonment of the Project by the Developer. The
Developer shall be deemed to have abandoned the Project if/when written notice is provided to the
City that the Developer's interest in the Project has been terminated. Said notice shall be given to the
City no more than 30 days after the Developer's interest in the Project is terminated.
F. This Agreement may terminate pursuant to Section IV.,3, Severability, or Section IV.,10,
Default, or as otherwise outlined in this Agreement.
G. If the use will continue upon expiration of the term of this Agreement, the Developer shall
either negotiate a new agreement with the City or provide documentation showing how the number of
parking spaces required by the codes at the time of expiration will be provided.
7
101
Section 5. Effect upon Termination on Developer Obligations. Termination of this
Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of
the Developer's obligations to comply with the City Comprehensive Plan and the terms and
conditions or any applicable zoning code(s) or subdivision map or other land use entitlements
approved with respect to the Subject Property, any other conditions of any other development
specified in the Agreement to continue after the termination of this Agreement or obligations to pay
assessments, liens, fees or taxes.
Section 6. Effects upon Termination on City. Upon any termination of this Agreement as to
the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of
development, limitations on fees and all other tern-is and conditions of this Agreement shall no longer
be vested hereby with respect to the property affected by such termination (provided that vesting of
such entitlements, conditions or fees may then be established for such property pursuant to then
existing planning and zoning laws).
Section 7. Specific Performance. The parties specifically agree that damages are not all
adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific
performance of all material terms of this Agreement by any party in default hereof.
Section 8. Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of Washington. Venue for any action shall lie in King County
Superior Court or the U.S. District Court for Western Washington.
Section 9. Attorneys' Fees. In the event of any litigation or dispute resolution process
between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to
any award of attorneys' fees.
Section 10. Notice of Default/Opportunity to Cure/Dispute Resolution.
A. In the event a Party, acting in good faith, believes the other Party has violated the terms of
this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the
alleged violation by sending a detailed written statement of the alleged breach. The alleged offending
Party shall have 30 days from receipt of written notice in which to cure the alleged breach unless the
Parties agree, in writing, to additional time. This notice requirement is intended to facilitate a
resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of
an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any
dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be
filed until the latter of (a) the end of the cure period, or (b) the conclusion of any dispute resolution
process.
B. After notice and expiration of the 30-day period or other time period as agreed to by the
Parties, if such default has not been cured or is not being diligently cured in the manner set forth in
the notice, the other party or Landowner to this Agreement may, at its option, institute legal
proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce
N.
102
the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for
violations of this Development Agreement and the Code.
Section 11. No Third-Party Beneficiaries. This Agreement is for the benefit of the Purbco
hccckz only and is not intended to benefit any other person or entity, and no person or entity not u
signatory iothis Agreement and} have any third-party beneficiary or other rights whatsoever under
this /\groccuouL No other person or entity not u Party 10 this Agreement may enforce the terms and
provisions of this Agreement.
Section 12. Integration. This Agreement and its exhibits represent the entire agreement O[the
parties with respect N the subject inatter hereof. There are not other agreements, oral orwritten,
except un expressly set forth herein.
Section 13. Authority. The Parties each represent and warrant that they have full power and
actual authority to enter into this Agreement and to carry out all actions required of them by this
Agreement. All persons are executing this Agreement io their representative capacities and represent
and warrant that they have full power and authority |o bind their respective organizations.
Section 14. Covenants Running with the Land. The conditions and covenants set forth io
this Agreement and incorporated herein hythe Exhibits shall run with the land and the benefits and
burdens ahu}} bind and inure to the benefit of the parties. The Developer, ]Lundovvocc and every
purchaser, ua*iguce or transferee of an ioieoo*t in the Subject Property, or any portion ibnzeo[ shall be
obligated and bound by the tcuna and conditions of this Agreement, and shall be the beneficiary
thereof and a party thereto, but only with ccSpoot to the Subject Property, or such portion thenoof,
sold, assigned or transferred toit. Any such purchaser, assignee o/ transferee shall observe and fully
perform all of the duties and obligations of Developer cnoiuiocd in this AgncoozeuL as such duties
and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it.
Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This
Arrceozcot may be amended by mutual consent of all of the parties, provided that any such
amendment shall follow the process established by law for the adoption of a development agreement
(000R[nV 36.70B.200). However, nothing in this Agreement shall prevent the City Council from
making any ucucndrneot to its [ouzprobeoaivc Plan, Zoning Code, Official Zoning Map or
development regulations affecting the Subject Property um the City Council may deem necessary to
the extent required hy a serious threat to public health and safety. Nothing in this Development
Agcceoucui abul} prevent the City Council from making any ucucodcucots of any typo to the
Cnonpccbcumivc Plan, Zoning Code, Official Zoning May Or development regulations rc]o1iog to the
Subject Property.
Section 16. Releases. Developer, and any subsequent may free itself from further
obligations relating to the sold, assigned, octransferred property, provided that the buyer, assignee or
transferee expressly assumes the obligations under this Agreement as provided herein.
Section 17. Notices. Notices, demands, correspondence to the City and Developer shall 6o
sufficiently given if dispatched by pre-paid first-class zoui1 to the uddrco*cm of the parties as
designated in Section 5. Notice to the City shall boiothe attention of both the Mayor's Office and
the City Attorney. Notices to subsequent Landowners shall be required iobc given by the City only
for those Landowners who have given the City p/riiicn notice of their address for such notice. The
parties benc10 may, from time to dcuo` advise the other of new uddrcaanu for such notices, denouoda or
correspondence.
Section 18. Reimbursement for Agreement Expenses of the City. Developer agrees to
reimburse the City for actual expenses incurred over and above fees paid by Developer as an
4pV]i000i incurred by City directly relating to this 8grrcononL including recording fees, publishing
fees and reasonable staff and cmusoliuot costs not otherwise included within application fees. This
Agreement aba\] not take effect until the foca provided for in this section, as well as any processing
fees owed to the City for the Project, are paid to the City. This Agreement shall bcterminated if the
Developer does not pay 10 the City the /eca provided for in this section. Upon payment of all
expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees
shall be paid, at the }u1eai, within 30 days from the City's prcaco\o1ino of u `vdttcu ytu1co)oo\ of
charges to the Developer
Power. Section 19. Police Nothing in this Agreement shall bc construed to diminish, moaicict
or limit the police powers of the City granted by the Washington State Constitution or by general law.
Challenge. Section 20. Third Party Legal Iu the event any legal action oc special proceeding
is commenced by any person or entity other than a party or a Landowner to challenge this Agreement
oc any provision herein, the City and Developer will collaborate to resolve such legal action. In the
event such legal action cannot be resolved, the City may elect to tender the defense of such lawsuit or
individual claims in the lawsuit to Developer and/or |Luodowner(x). Io such event, Developer and/or
such I.audovvoera shall hold the City harmless from and defend the City from all costs and expenses
incurred in the defense of such lawsuit or individual claims in the luvvauiL including but not limited
to, oltozuoys` fees and expenses of litigation, and damages awarded to the prevailing party or parties
in such litigation. Neither the City nor the Developer and/or l.undovvoor shall aott1c any lawsuit
without the consent of the other. The City and Developer/Landowner shall act io good faith and shall
not unreasonably withhold consent tnsettle.
Drafter. Section 21. No Presumption Against This Agnocoocot has been reviewed and
revised by \cgu} counsel for both Parties and no yzcsompbno oc rule that ambiguity obu]l be construed
against the party drafting the document shall apply to the interpretation or enforcement of this
AgnccnucoL
Headings. Section 22. The headings in this Agreement are inserted for reference only and
xb41[ not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
Recording. Section 23. Developer shall record uu executed copy of this Agreement with the
King County Auditor, pursuant to RCW 36.70B. 190, no later than 14 days after the Effective Date.
to
Section 24. Legal Representation. In entering into this Agreement, Developer represents that
it has been advised to seek legal advice and counsel from its attorney concerning the legal
consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the
contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily
accepts the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be
executed as of the dates set forth below:
OWNER/DEVELOPER: CITY OF TUKWILA
LCA
Its Managing Member
Tukwila TSD LLC
2110966 1h Avenue South
Kent, WA 98032
STATE OF WASHINGTON )
ss.
COUNTY OF
By
Its Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
On this day of 1 2015, before me personally
appeared , to me known to be the individual that
executed the within and foregoing instrument, and acknowledged the said instrument to be his/her
free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that
he/she is authorized to execute said instrument.
Print name:
NOTARY PUBLIC in and for the State of Washington
Residing at
Commission expires:
11
105
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day;of �, ,N , , 201!5, before me personally
appeared , and said person acknowledged that he /she
signed this instrument, on oath stated that he /she was authorized to execute the instrument, and
acknowledged as the of the City of Tukwila to be the free and voluntary
act of said party for the uses and purposes mentioned in this instrument.
Print name:
NOTARY PUBLIC in and for the State of Washington
Residing at
Commission expires:
12
106
Exhibit I
Exhibit 1: Legal Description
Legal Description shall be revised based on the final decision by City Council.
107
1:
Exhibit 2 (Option 2)
109
OPTION 3 - CUL DE SAC INTO PARKING
PATIO
110
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101 TOTAL
HOLIDAY INN XPRESS
TULWILA, WA
TUKWILA TSD L.L.C.
pale '5 weene11
ARCHITECT
5715 143rd Place S.E.
Bellevue, WA 98006
425 - 260 -8969
1/22/15
City of Tukwila jim Haggerton, Mayor
6200 Southcenter Boulevard
WA • ..
The City of opportunity, the community of choice
TO: Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: March 11, 2015
SUBJECT: Report for March 16, 2015 Regular Council Meeting
The City Administrator Report is meant to provide the Council, staff and community an update on the activities
of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional
information about any of the following items.
I. Intergovernmental Update
• Boeing Access Road Light Rail Station Update: On February 25, the Mayor and Communications and
Government Relations Manager Rachel Bianchi participated in a meeting with King County
Councilmember Joe McDermott and key employers in the MIC to discuss the Boeing Access Road Light
Rail Station and request the CounciImember's support for the effort. Participants included
representatives of Sabey, BECU, Group Health, Museum of Flight, Raisbeck Engineering, Unified
Grocers, Kidder Mathews, Raisbeck Aviation High School, and the Highline School District.
Councilmember McDermott was enthusiastic in his support for the station and identified additional
funding sources that may be available beyond the package that Sound Transit hopes to put in front of
the voters in November 2016. City staff are working in coordination with Councilmember McDermott's
staff to identify and execute a plan to move forward with the project. There will be a role for all
stakeholders — including residents and elected officials —to participate in coalition activities moving
forward.
Sound Transit -4: Communications and Government Relations Manager Rachel Bianchi attended the
first Intergovernmental Coordination Group hosted by Sound Transit to assist in advising the agency on
the new system plan, which will ultimately turn into the package before the voters. Sound Transit
intends to release a priority project list this summer for public comment with the goal to have the draft
system plan available for comment first quarter of 2016. The agency will need final passage of the
system plan by June /July of 2016 in order to go to a public vote in November 2016. Senate legislation
passed on March 2 included funding for Sound Transit, though not as much as the agency initially
requested. This Intergovernmental Coordination Group will meet every other month and City staff will
continue to attend.
Meeting with KC Councilmembers Dunn and Upthegrove: Mayor Haggerton, Mayor Cooke of Kent
and Mayor Law of Renton met with King County Councilmembers Dunn and Upthegrove to discuss the
King County Flood Control Advisory District and SWIF policies.
King County City Manager's /Administrators Meeting: City Administrator David Cline attended the
monthly King County City Manager's and Administrator's meeting where AWC provided a Legislative
Update, Tracy Burrows of Municipal Research and Services Centertalked about High Performance
Organizations Consortium of cities that includes Tukwila, King County gave a presentation about Public
Safety Emergency Radio Network (PSERN). The group also discussed the upcoming International City
111
City Administrator Report
March 11, 2015
Page 2
Manager's Association 2015 Conference being held in Seattle and reviewed the results of the SCA
Membership Survey.
II. Staff Updates
Public Safety
• Citizen's Academy: The 2015 Tukwila Citizens' Academy kicked off on March 4 with 12 citizens enrolled
for this session. Chief Villa welcomed the class and spoke about his vision for the Tukwila Police
Department and his goals when hiring new police officers. Sergeant Rossi provided a summary of the
hiring criteria and process, training requirements and then conducted a tour of Tukwila Police facilities
in the 620o and 630o buildings.
• Foster HIS CERT: Tukwila Emergency Management, FD & PD employees are conducting Community
Emergency Response Team Training at Foster HS for members of the student body.
• Vehicle in River: An SUV that has been submerged in the Duwamish River for several months has been
removed in a joint FD /PD operation.
• RFA Steering Committee: The committee had its first meeting on March 11, 2015 at Fire Station 51. All
members or their designated alternate were in attendance. The agenda included introductions, TFD
history, background on fire service regionalization, Kent Regional Fire Authority history, committee
tasks and issues, outreach, and process.
Project Updates
• Read Across America: City Administrator David Cline was pleased to support Academy Schools Read
Across America at their Dr. Seuss Day by reading to their K -4th grade students. Officers Isaiah Harris
and Patrick Hisa also participated in Read Across America at Thorndyke Elementary's celebration of Dr.
Seuss's birthday. The officers took great pleasure in reading to and interacting with the students. After
the reading sessions students had lots of questions forthe officers.
• REACH Afterschool Program: Staff from the Mayor's Office, Parks and Recreation, Tukwila School
District and the YMCA met to discuss the REACH (afterschool) program and plans for providing an
update at the next City Council /School Board joint meeting.
• Metro Long Range Public Transportation Plan: Staff attended the Transit Advisory Committee (TAC)
meeting on Feb. 26. The TAC is one of two advisory groups that will help inform METRO's long range
public transportation plan to coordinate transit service with future growth through 2040. METRO is also
working with a Community Advisory Group to inform the plan, and will be holding events to get input
from the public at large. The responsibility of the TAC is to help METRO take into account the
substantial planning efforts that have been completed or that are ongoing in local jurisdictions, transit
agencies and the state.
• CVS Pharmacy —3725 South :L4e Street: A pre - application meeting was held this week to discuss the
construction of a 12,900 square foot retail pharmacy at the southwest corner of Tukwila International
Blvd and South 144th Street. The proposal will involve demolition of the existing gas station at the
corner, construction of the new building with an additional tenant pad to the west consisting of 29,000
square feet. The applicant will be required to obtain a SEPA determination and adhere to the TIB
design standards through the design review approval process.
• Family Fun Center Addition — 730o Fun Center Wax: Family Fun Center is proposing to add 12,100
square feet to their existing building. The addition will be for a 16 -lane bowling alley with new
restrooms and accessory areas. There will be some remodel of the existing structure. The project will
be required to obtain a shoreline permit, design review and possibly SEPA.
• Thorndyke Safe Routes to School: Mobilization is set for March g and construction on S 15oth St from
42nd Ave S to TIB is scheduled to restart on March 16.
112
City Administrator Report
March 11, 2015
Page 3
• CBD Sanitary Sewer Rehabilitation: The contractor has completed the property restoration and
landscaping, but still needs to install traffic channelization at Andover Park East /Strander Blvd. Michels
has completed the relining of all designated sewer pipe.
• Interurban Ave S: The storm vault at S 149th St is in place and the groundwater dewatering system has
been taken out of operation. Some obstructions with the sheet pile wall work have been encountered,
but work is continuing around them.
• Desimone Levee Repair: Kent has removed existing trees within the business park, relocated utilities,
and is placing levee fill to widen the levee access road. Sheet pile installation began March 10. The
Planning Division, with input from Public Works submitted a comment letterto the Corps of Engineers
on the 65% design documents for the repair of the Levee.
• Housing and Education Partnerships: The Housing Development Consortium and PSRC hosted a
forum on March 5 to discuss housing and education partnerships. A presentation to the group stressed
the connection between good quality affordable housing and educational performance /access to
opportunities for students from low income families.
• Habitat for Humanity: At the February meeting of the South King County Land Use and Human
Services Planners meeting, DCD and Human Services staff learned about Habitat for Humanity's
Neighborhood Revitalization Initiative (NRI). Through this nationwide initiative, Habitat for Humanity
has switched focus from building single dwellings to a focus on making an impact to an entire
neighborhood. Local work on this initiative has included neighborhoods in Renton, White Center, and
Federal Way. Habitat is looking for a new neighborhood on which to focus its NRI work, and met with
staff on March 4 to discuss opportunities in Tukwila. Staff will continue to work with Habitat on this
issue.
• TCC Shoreline Mitigation: Work by EarthCorps crews was completed on the TCC shoreline and 42nd
Ave S shoreline this week. Blackberries and other invasive plants were removed from the target areas
and native plants were re- planted in their place.
• Codiga Park Shoreline Restoration: Parks and Recreation is in the final stages of closing out the
Codiga Park Shoreline Restoration Project which was funded by King Conservation District (KCD) for
$10,000. The project focused on removing and controlling invasive species and planting a variety of
native species plants in 2013 and 2014 along the steep north riverbank slope of the Duwamish River at
Codiga Park.
Property Cleanup Completed
The abatement of 3 properties were completed this week.
■ 1222144th Ave S — Overgrowth and rubbish removed, structures secured
■ 1356238 th Ave S —Overgrowth and rubbish removed, structure secured
3417 S 144th St — Overgrowth and rubbish removed, structures secured
III. Responses to Council /Citizen Inquiries
Date of
Inquiry
Inquiry
Response
February 17, 2015
Christi Wells, the owner of Wells
DCD staff talked with Ms. Wells on February 20 and
Council Meeting
Trucking request guidance on the sale
suggested two possible options for her consideration:
of her property which is comprised of
1. Request a Zoning Code Interpretation from the City;
eight underlying lots with split zoning.
2. Request a rezone of the property. Rezone requests
are processed once a year along with Comprehensive
Plan amendment requests - the request would be due by
113
City Administrator Report
March ii, 2015
Page 4
114
December 31, 2015 and then it would be reviewed in
2o3.6 with the City Council making a decision in late
2oi6.
February 23, 2015
Councilmember Ekberg notified Parks
P &R staff verified the location of the hole and filled it the
Councilmember
& Recreation staff about a hole in the
same day.
Inquiry
ground at Crystal Springs Park
February 28, 2015
Residents on 164th Street expressed
Deputy Chief Linton and the Community Police Team
Citizen Inquiry
concerns about a problem property in
met with the concerned residents on March io, 2015 and
their neighborhood.
shared what the police department is doing to meet one
of the Mayor's focus areas: increasing safety in our
neighborhoods. The police department has put
together a task force focused on developing new
strategies to continue to reduce crimes in our
neighborhoods and the Community Police Team has
significantly increased their presence in our
neighborhoods.
March 2, 2015
Council President Kruller inquired if
The City is working with our contractor, PBS Engineering
Council Meeting
there was a firm date for the TIB
and Environmental, Inc., to develop bid specifications
motel demolitions.
related to demolition of the Great Bear, Boulevard and
Spruce motels. It is expected that the motels will be
demolished prior to the end of 203-5.
March 2, 2015
Council President Kruller asked when
The Tukwila Village developer has control of the site and
Council Meeting
dirt will be moved at Tukwila Village.
a permit to start grading anytime. The King County
Library System would like to start work as soon as
possible. We need to complete the lot consolidation and
close escrow on the Library's parcel before they can
issue bids. We anticipate KCLS starting onsite work in
the next couple of months.
March 2, 2015
William Holstine raised issues
DCD Staff met and corresponded with Mr. Holstine
Council Meeting
regarding infill housing and
about these issues in December 2014 and January 2015.
neighborhood uses.
Mr. Holstine is on the interested parties list forthe
Housing and Residential Neighborhoods Comp Plan
update.
114
TAB PREPt1I2A I IO1V ASSISTANCE offexed,by Llmted Way of King County &Om now until Aprt 1$th for households
making under 000 , Also one- on-one �n,anetal 9unsedt trealthcatz enrolJm�rxt and bfher public beneftts
9
CdN',�AC'!rT'IIE TI7KWILA COM1VIlNITX Iw�NTEIi'FOR DA1'S�lND IIOIIRS "�VAII,.ABLE 2116 768 2822;..
➢Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 - 767 -2342.
➢ Civil Service Commission: I st Mon., 5:00 PM, Hazelnut Conf Room. Contact Kim Gilman at 206 - 431 -2187.
➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room
➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room.
Contact Chris Portman at 206 - 431 -2197.
➢ Equity & Diversity Commission: 1 st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206- 433 -1868.
➢ Finance & Safety Committee: I st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) Purchase of 12 thermal imaging cameras for
the Fire Department. (B) 2014 4`h Quarter Investment Report. (C) 2014 4`h Quarter Police Department Report.
➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 - 767 -2342.
➢ Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308.
➢ Planning Commission/Board of Architectural Review: 4`h Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta
Bivens at 206- 431 -3670.
➢Transportation Committee: Ist & 3rd Mon., 5:15 PM, Foster Conf. Room. Meeting Cancelled.
➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59h Avenue S.
Contact Joan Hernandez at 206- 248 -0260.
➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206- 433 -1815.
➢ Utilities Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room.
115
Upcoming Meetings & Events
March 2015
16th (Monday)
17th (Tuesday)
18th (Wednesday)
19th (Thursday)
20th Frida
21st (Saturday)
➢ TFfanspeftatien
➢ Finance &
➢ Park
➢ Tukwila
Duwamish
Conte;
Safety Cmte,
Commission,
Historical
Preserve Work
5: -15 PM
5:30 PM
5:30 PM
Society,
Party
Cancelled
(Hazelnut
(Community
7:00 PM
10:00 AM — 1:00 PM
Conference
Center)
(Tukwila
(3800 S. IIYh St)
Room)
Heritage &
For additional
➢ City Council
Cultural
information Visit
Regular Mtg.,
Center, 14475
www.forterra.or¢1
7:00 PM
59h S.)
events
(Council
Chambers)
March 16 — March 19
March
20 — 22
The Tukwila
Community Center will be closed for all
The Tukwila Community
classes and programs.
The front desk will remain open to
Center will be closed for
assist citizens.
building maintenance.
23rd (Monday)
24th (Tuesday)
25th (Wednesday)
26th (Thursday)
27th (Friday)
28th (Saturday)
➢ Community
➢ Utilities Cmte,
Trash or
% NaRnin
Tukwila Int'l. Blvd.
Affairs & Parks
5:30 PM
Treasure
` E)ffi i iefi
Action Cmte 's
Cmte,
(Foster
antique
&30 PM
Trash Pickup Day
5:30 PM
Conference
appraisal event.
Cancelled
9:00 — 10:00 AM
(Hazelnut
Room)
9:30 AM — 2:30 PM
Conference Room)
(Community
of
Center)
Proceeds support
For location or
➢ City Council
the Tukwila
information contact
Committee of
Community Center
Sharon Mann
the Whole Mtg.,
Scholarship Fund.
206 - 200 -3616
7:00 PM
(Council
Chambers)
C. 0. W. to be
immediately
followed by a
Special Mtg.
Enter the "Then & Now: Re- Created" photo contest. Entries accepted from March 23
through April
8. See the Tukwila Activities Guide (Winter 2015 edition) for details or
contact Sheri at 206 - 767 -2321 / sheri.mcconnau2hev(
)tukwilawa.gov.
TAB PREPt1I2A I IO1V ASSISTANCE offexed,by Llmted Way of King County &Om now until Aprt 1$th for households
making under 000 , Also one- on-one �n,anetal 9unsedt trealthcatz enrolJm�rxt and bfher public beneftts
9
CdN',�AC'!rT'IIE TI7KWILA COM1VIlNITX Iw�NTEIi'FOR DA1'S�lND IIOIIRS "�VAII,.ABLE 2116 768 2822;..
➢Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 - 767 -2342.
➢ Civil Service Commission: I st Mon., 5:00 PM, Hazelnut Conf Room. Contact Kim Gilman at 206 - 431 -2187.
➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room
➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room.
Contact Chris Portman at 206 - 431 -2197.
➢ Equity & Diversity Commission: 1 st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206- 433 -1868.
➢ Finance & Safety Committee: I st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) Purchase of 12 thermal imaging cameras for
the Fire Department. (B) 2014 4`h Quarter Investment Report. (C) 2014 4`h Quarter Police Department Report.
➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 - 767 -2342.
➢ Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308.
➢ Planning Commission/Board of Architectural Review: 4`h Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta
Bivens at 206- 431 -3670.
➢Transportation Committee: Ist & 3rd Mon., 5:15 PM, Foster Conf. Room. Meeting Cancelled.
➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59h Avenue S.
Contact Joan Hernandez at 206- 248 -0260.
➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206- 433 -1815.
➢ Utilities Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room.
115
March
pril
116
Tentative Agenda Schedule
6
Special Presentation:
Residential Focus
Area - Community
Pride.
Appointments/
Proclamations:
- Commission and
Board Appointments
- Proclamations:
Earth Day
Arbor Day
National
Volunteer Day
E
13
Special Presentation:
2014 Police
Department Annual
Report
Unfinished Business:
Status Update on
Regional Fire
Authority.
16
See agenda packet
cover sheet for this
week's agenda
(March 16, 2015
Regular Meeting).
20
Special Presentation:
Watershed -based
restoration and salmon
recovery in Tukwila
(WRIA9)
23
Special Presentation:
Residential Focus
Area - Housing.
Special Issues
- Discussion and
consensus on Sound
Cities Association
Public Issues
Committee (SCA
PIC).
Committee of the
Whole to be followed
by a Special Meeting.
27
Special Presentation:
State of the Municipal
Court.
Public Hearing:
-An ordinance
relating to medical
cannabis
moratorium.
Special Issues:
-An ordinance
relating to medical
cannabis
moratorium.
- Discussion and
consensus on Sound
Cities Association
Public Issues
Committee (SCA
PIC) Items.