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REG 2018-11-05 COMPLETE AGENDA PACKET
2 Tukwila City Council Agenda REGULAR MEETING uwi, Zgog Allan Ekberg, Mayor Counci/members.• •• Dennis Robertson •:• Kathy Hougardy David Cline, City Administrator •:• De'Sean Quinn •:• Kate Kruller Verna Seal, Council President •:• Thomas McLeod •:• Zak Idan Monday, November 5, 2018; 7:00 PM • Ord #2590 • Res #1946 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE J ROLL CALL 2. PROCLAMATION A proclamation recognizing November as "Hunger and Homelessness Awareness Month." Pg.1 3. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). To comment on an item fisted on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. CONSENT AGENDA a. Approval of Minutes: 10/15/18 (Regular Mtg.); 10/22/18 (Special Mtg.) b. Approval of Vouchers c. Authorize the Mayor to sign an amendment to contract #18-132 with the Prothman Company for Interim Human Resources Director in an amount not to exceed $40,000.00 (total original contract amount not to exceed S80,000). [Reviewed and forwarded to Consent by the Finance Committee on 10/16/18.] d. Authorize the Mayor to sign an amendment to contract #18-035 with Cabot Dow and Associates in an amount not to exceed $20,000.00 (total original contract amount not to exceed S55,000). [Reviewed and forwarded to Consent by the Finance Committee on 10/16/18.] e. Authorize the Mayor to sign an Interlocal Agreement with the cities of Normandy Park, Burien, Des Moines, SeaTac and Federal Way for the Sea-Tac International Airport Impact Study, in the amount of $14,445.61 (as Tukwila's per capital match). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 10/22/18.] f. Authorize the Mayor to sign a design consultant agreement with KPG, Inc., for the 2019 Overlay and Repair Program in the amount of S 156,172.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 10/22/18. ] g. Authorize the purchase of a new cashiering system and related software from Tyler Technologies in the amount of $43,395.00. [Reviewed and forwarded to Consent by the Committee of the Whole on 10/22/18.] h. Authorize the Mayor to sign an Interlocal Agreement with the City of Seattle for hearing examiner services. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 10/23/18.J i. Authorize the Mayor to sign an Interagency Agreement with King County Department of Natural Resources and Parks for the Lake to Sound Trail. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 10/23/18.] (continued..) Pg.3 Pg.11 Pg.19 Pg.47 Pg.69 Pg.71 Pg.81 REGULAR MEETING November 5, 2018 Page 2 4. CONSENT AGENDA (cont.) j. A resolution adopting a Residential Rental Business License and Inspection Program fee schedule and repealing Resolution No. 1895. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 10/23/18.J k. A resolution repealing Resolution No. 1912 and adopting a consolidated permit fee schedule (for Department of Community Development and Public Works fees.) [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 10/23/18.] Pg.143 Pg.151 5. UNFINISHED BUSINESS a. Authorize the Mayor to sign a Purchase and Sale Agreement to sell Parcels A and B of Lot Consolidation L13-021 to Tukwila Village Development Associates, LLC, for a price of not less than $2,211,600. b. Authorize the Mayor to sign a contract with SHKS Architects for Public Works architect and engineering services for the Public Safety Plan, in an amount not to exceed $365,000.00 (which includes contingency). c. An ordinance adopting a new chapter of the Tukwila Municipal Code authorizing the use of automated traffic safety cameras and adopting standards related thereto, to be codified as Tukwila Municipal Code Chapter 9.22. Pg.169 Pg.177 Pg.213 Pg.245 Pg.257 d. An ordinance to increase the tax on certain gambling activities. e. Presentation on proposed revenue options and continued discussion on the proposed 2019-2020 biennial budget and 2019-2024 Capital Improvement Program. Please bring your budget books. 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report and Monthly Public Safety Plan update d. City Attorney e. Council Analyst Pg.267 8. MISCELLANEOUS 9. EXECUTIVE SESSION — Collective Bargaining — Pursuant to RCW 42.30.140(4)(a) — 30 minutes 10. ADJOURNMENT Reasonable, City Clerk's www.tukwilawa.gov, Tukwila City Hall is ADA accessible. accommodations are available at public hearings with advance notice to the Office (206-433-1800 or TukwilaCityClerkPTukwilaWA.gov). This agenda is available at and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www tukwilawa.00v) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included an the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS 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 as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public 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 that 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 MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers 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 there are forwarded to Regular or Special Council meetings for official action. Office of the Mayor City of Tukwila, Washington PROCLAMATION WHEREAS, for the past several years the National Coalition for the Homeless and National Student Campaign Against Hunger and Homelessness have sponsored National Hunger and Homelessness Awareness Week; and WHEREAS, the purpose of the proclamation is to educate the public about the many reasons people are hungry and homeless including the shortage of affordable housing in Tukwila for very low-income residents; and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service organizations; and WHEREAS, there are many organizations committed to sheltering and providing supportive services as well as meals and food supplies to people experiencing homelessness including, but not limited to: Still Waters' Tukwila Weekend SnackPack Program, Church by the Side of the Road, Tukwila United Methodist Church, Tukwila School District, and WHEREAS, the City recognizes that hunger and homelessness continue to be a serious problem for many individuals and families in Tukwila; and WHEREAS, the intent of National Hunger and Homelessness Awarenes is consistent with the activities of these local organizations. NOW THEREFORE, 1, Allan Ekberg, Mayor of the City of Tukwila, in conjunction with National Hunger and Homelessness Awareness Week do hereby proclaim the month of November as: Hunger and Homelessness Awareness Month in the City of Tulcwila and encourage all community residents to join me in recognizing that many people do not have housing and need support from the community and. private/public nonprofit service entities. Presented this fifth day of No)Leniber, 2018. Ilan Ekberg, Mayor 2 COUNCIL AGIiiNDA SYNOPSIS Aleel i rip, Date Prepared by Mcgar'splea Counci/ review 11/05/18 RB ITEM INFORMATION ITEM NO. 4.C. S l \ I ISPONSOR: RACHEL BIANCHI ORIGIN 11, A(31!-ND \ DATI,.: 1 /18 .\(31 NO \ lii I TiliF. Contract amendment for Prothman for Interim Human Resources Director services. CIO aon Motion Dale 11/05/18 El ReJol tion .1Ils Date E Ordinance Mg Date 11 Bid A ward Al t‘g Date ri Public I-learing AN Date E Other Mtg Dale C1VlI;oRY 2 DiJ 'wig Date Mtg SP ONSOR carnal illajor •HR JDCD I- mance l'ire rhlS •P&R Police 'lir Court SPoNS(iit'S The Council is being asked to approve a contract amendment with Prothman for up to SUMMARY $80,000 for Interim Human Resources Director services. The Interim Human Resources Director is providing critical services to the City and this expertise does not exist within the City at this time. The City is initiating a search for a new, permanent Human Resources Director this month, with the goal of having someone begin in January. RI, \II \xl A.) BY LI C:.0.W. Mtg, [1] CDN Comm Arts Comm, rI Finance Comm. E Public Safery Comm. Comm. E Planning Comm. Cl IAIR: QUINN • Trans &Infrastructure I. Parks DATE: 10/16/18 COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. Commin Mayor's Office I I, Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPi NI) RI RI.,(.1 IRI,I) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/5 8 MTG. DATE ATTACHMENTS 11/5/18 Informational Memorandum dated 10/4/18 Proposed Contract Minutes from the Finance Com. meeting of 10 6 8 3 4 City of Tukwila Allen Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM. Rachel Bianchi, Deputy City Administ CCU Mayor Ekberg ©ATE: October 4, 2018 SUBJECT Amendment to Prothman Contract ISSUE The contract with Prothman, which is providing the City an Interim Human Resources Director, must be amended to continue provide these services to the City. BACKGROUND After the departure of the longtime Human Resources Director, the City contracted with Prothman for a not to exceed amount of $40,000 for an experienced Interim Human Resources Director, It is expected that these funds will be used by early to mid -November. An additional $40,000 will allow the interim Human Resources Director to remain through January, which is the City's timeline for bringing on a new Human Resources Director. The Interim Human Resources Director is providing critical services to the City and this expertise does not exist within the City at this time. The City is initiating a search for a new, permanent Human Resources Director this month, with the goal of having someone begin in January. The Council is being asked to amend the contract to provide for a do not exceed amount of $80,000. RECOMMENDATION The Council is being asked to forward this contract to the November 5, 2018 Regular Meeting Consent Agenda. ATTACHMENTS Proposed contract amendment. 5 6 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Prothrnan Company That portion of Contract No. 18-132 between the City of Tukwila and Prothman Company is hereby amended as follows: Section: Fees & Expenses. The Interim Human Resources Director's sourly rate is $91.000 for each hour worked by the Interim Human Resources Director, provided that the total amount of payment to the Consultant shall not exceed $80,000 without express written modification of the Agreement signed by the City, Invoices will be submitted to the City every two weeks and are due within twenty (20) days of receipt. A 3% charge will be added reflecting Prothrnan's City of Issaquah and Washington State B&O tax obligations. The City is also responsible for any client -required licenses, fees or taxes. Delinquent payments will be subject to a late payment charge of 12% (annual) and which will be applied to any unpaid balance owed commencing seven (7) days after the payment due date, All other provisions of the contract shall remain in full force and effect Dated this day of , 20 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MI'IC, City Clerk office of the City Attorney CA Revised December 2O 6 Page 1 of 1 7 8 Finance Caren ittee Minutes..........................r.,..,.,,..,......,,...,..,..,.,..,,.,,,,.,,..,..,...,w.... ,October16, 2018 C. Ordinance: Business License Fees Staff is seeking Council approval of a resolution that would increase the business license fee from $70 to $112 per full time employee and from $35 to $56 per part time employee, resulting in a revenue increase of $1.5 million. The City is facing a budget shortfall due to flattening sales tax and the loss of streamlined sales tax mitigation payments. The Mayor's proposed budget includes $1.8 million in departmental reductions and additional revenues in the form of increases to gambling tax and business license fees. The proposed resolution adopts a revised business license fee schedule, changes outside contractors to a flat fee of $100, and will remove reference to the archaic "panoram" category. Committee members discussed the proposal for contractors based outside of Tukwila and decided the flat rate should be evaluated after one year. Councilmember Kruller asked for rates for neighboring jurisdictions including whether they have B&O tax. Chair Quinn stressed the importance of ongoing communication with the business community, with consistent and clear messaging around why the City is considering this change. Staff has already conducted business outreach and is working on a communications plan in the event of Council passage. NO RECOMMENDATION. FORWARD TO OCTOBER 22, 2018 COMMITTEE OF THE WHOLE. D. Resolution: Employee Compensation Policy Staff presented the draft resolution incorporating feedback given in previous Committee meetings, which containing policy items relating to timeliness, comparability, market ranking, and internal equity. Committee members discussed the current proposal and requested the following changes: • Amend B(1): "A second criteria to be used to refine comparable jurisdictions is to only include cities with their own police department." • Amend sentence at end of B(4) "Administration will provide a written justification documenting that an adjustment is warranted for the City Council's review and approval prior to implementation." Amend sentence at end of B(5): "Administration will provide a written justification documenting that an adjustment is warranted for the City Council's review and approval prior to implementation." Councilmember Robertson stated that he believes 10°/0 above is too high for market competitiveness. The City should be paying the average of current comparables. Chair Quinn and Councilmember Kruller noted that the policy revisions add more opportunities to review anomalies as well as overall review of the policy itself, MAJORITY RECOMMENDATION. FORWARD TO OCTOBER 22, 2018 COMMITTEE OF THE WHOLE. E. Contract Amendment: Interim Human Resources Director Staff is seeking an amendment to Contract 18-132 with Prothman Company for an additional $40,000 to allow the interim Human Resources Director to remain through January. The City is initiating a search for a new HR Director and anticipates having someone begin in January. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2©18 REGULAR CONSENT AGENDA. 9 10 COUNCIL AGI-WDA Syvosis tAI al lq Date Prepared by Mayorrepien, Cow bed review 11/05/18 RB ITEM INFORMATION ITEM No. 4.D. SIM,I, SPONSOR: RACHEL BIANCHI ORIGINAL AGLNDA DAIL: 11/05/18 AGFA') \ I 1 I I TI11,11, Contract amendment for Cabot Dow & Associates for labor relations support. C \ El GORY D1J Me g Date Gil 111017 A1011011 Date 11/05/18 [ Resolution Meg Date 7 Ordinance Alit Date El Bid ,ln a -d A N Date E 1),,b/ic I feanng Alts Date El Other Mtg Date OA 1111,g SP ON SC R ElI Council LILIR El Fire OTS [I] P&R Police Court ri Major DC"I) Finance SP oNtioR' s The Council is being asked to approve a contract amendment with Cabot Dow & Associates Su M \I 1 RY for up to $55,000. The City has required more labor relations support in 2018 than in prevoius years due to negotiating nine contracts at once and the fact that one has gone to interest arbitration. RI X I I MI ID BY p C.O.W. Mtg. Eli CDN Comm Arts Comm. Finance Comm. E Public Safety Comm. Comm. El] Planning Comm. CI LNIR: QUINN T Parks COMMITTEE Trans &Infrastructure DATE: 10/16/18 RECOMMENDATIONS: SPONSOR/ADMIN. commirii Mayor's Office r. Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDI 1 URI , RI ()JAM l) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/5/18 MTG. DATE ATTACHMENTS 11/5/18 Informational Memorandum dated 10/4/18 Proposed Contract Minutes from the Finance Com. meeting of 10/16/18 1 1 12 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Rachel Bianchi, Deputy City Administrator CC: Mayor Ekberg DATE: October 4, 2018 SUBJECT: Amendment to Cabot Dow & Associates Contract ISSUE The contract with Cabot Dow & Associates for labor relations support needs to be amended. BACKGROUND The City has a contract with Cabot Dow & Associates for $35,000 for 2018, which has typically covered the City's needs for labor relations support. However, this year has required more support on labor relations issues and negotiations due to all of the contracts needing to be negotiated at once. In addition, one contract has gone to interest arbitration, In order to retain the services of Cabot Dow & Associates through December 31, 2018 the contract must be increased. The Council is being asked to amend the contract to provide for a do not exceed amount of $55,000. RECOMMENDATION The Council is being asked to forward this contract to the November 5, 2018 Regular Meeting Consent Agenda, ATTACHMENTS Proposed contract amendment, 13 14 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Bet e Agreement Number: CONTRACT FOR SERVICES Amendment #1 n the City of Tukwila and Cabot Dow & Associates That portion of Contract No. 18-035 between the City of Tukwila and Cabot Dow & Associates is hereby amended as follows: Section 2: Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $55,000 at a rate of $165.00 per hour. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWICONTRACTOR Allan Ekberg, Mayor Printed Name: ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy 'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Pan 1 of I. 15 16 Finance Committee Minutes.....................................................e................._..,.,..,...,,,...e,.,,..,,,...,.,.....................,,.dctober16, 2018 Contract Amendment: Labor Relations Support Staff is seeking an amendment to Contract 18-035 with Cabot Dow & Associates for an additional $23,000 to retain labor relations support services through December 31, 2018. There has been additional work this year due to simultaneous negotiations and one contract going to arbitration. The original amount of $35,000 does not cover these additional services. Chair Quinn requested additional language to confirm the City will receive the data and any other documentation. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. G. Proposed 2019-2020 Biennial Budget Staff presented proposed budgets for the following departments: Mayor's Office Department The proposed Mayor's Office budget contains a 3.12% decrease of the 2018 budget in 2019 and a 1.630/0 decrease of the 2018 budget in 2020 with reductions and additions outlined in the memo. Councilmember Kruler stated that she has heard that departments have been asked to underspend by 5% for the Mayor to have discretionary funds. Staff replied that all departments except Police and Fire have been asked to cut 30/© to address the revenue shortfall. These savings were primarily in unfilled positions in 2018 but in 2019 and 2020 they are ongoing savings such as contracts and supplies. Councilmember Kruller again stated she would like to better understand the mechanics of any discretionary spending available to the Mayor. Administrative Services Administrative Services is a new department that includes Communications, Community Engagement, Human Services, and Human Resources. The overall budget for 2019 is 3.7% less than what was budgeted for these functions in 2018. Human Services is funded at the same level, including the additional $50,000 approved by the Council in 2016, and 34 programs were chosen for funding through the RFP process. Self -Insured Healthcare (Fund 502) This fund covers the City's self -insured healthcare plan and all costs are fully covered, including the IBNR (insured but not reported) reserve. LEOFF I Retiree Self -Insured Healthcare Plan (Fund 503) This fund covers the City's LEOFF I retiree self -insured healthcare plan and has been reduced to better reflect actual expenses and is funded to the level recommended by the City's broker an actuary. FORWARD TO OCTOBER 22, 2018 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Adjourned at 6:48 p.m. Committee Chair Approval H 17 18 COUNCIL AGENDA SYNoPsis Meeting Date Prepared 1?y Mayor's review ConneD review 11/05/18 BJM ITEM INFORMATION ITEM No. 4.E. STAFF SPONSOR: B. MILES ORIGINAL AGENDA DATE:11/5/18 AGENDA ITEM TITLE Interlocal and Commerce Normady Agreement with the Cities of SeaTac, Des Moines, Burien, Federal Park to provide $14,445.61 in matching funds for the Department to complete a "SeaTac Airport Impact Study." Way, of C \ ii ( OR' IEI Discuss -ton It Date Motion Date 11/5/18 0 Resolution Altg Date 0 ordinance 'II Date E Bid Award 11.It,g Date 0 Public HearinIN illtg Date I Other It 'ttg Date 11/5/18 SPONSOR Councll Mayor EHR •DCD EEvnane flFtre [ITS E13&R Police EPll' El Court SP oNS0R'S The Washington State Legislature has provided $300,000 to the Department of Commerce SUMNI \ RY to complete an impact study associated with the operation of Sea-Tac Airport. A local match of $300,000 is required in order for the Department of Commerce to complete the study. the City of SeaTac has committed $150,000 to the local match requirement and the cities of Burien, Des Moines, Normandy Park, and Federal Way have committed funds based on population. Tukwila per cpita contribution is $14,445.61. REVIEWED BY EI C.O.W. Mtg fl CDN Comm [1] Finance Comm. Arts Comm. E Parks Comm. COMMITTEE CHAIR: MCLEOD • Public Safety Comm. 61 Trans &Infrastructure • Planning Comm. DATE: 10/22/2018 RECOMMENDATIONS: SPoNsoit/ADmiN CONIM1TTEE Mayor's Office Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDrruRE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $14,445.61 $N/A $N/A Fund Source: FUNDS WILL COME FROM ENDING FUND BALANCE FROM EITHERMAYOR'S OFFICE OF FINANCE DEPARTMENT. Comments: MTG DATE RECORD OF COUNCIL ACTION 11/5/18 MTG. DATE ATTACHMENTS 11/ Informational Memorandum dated October 9, 2018 Final Interlocal Agreement Commerce Agreement with City of SeaTac Letter from Commerce to Tukwila, dated June 6, 2018 Memorandum from Commerce to cities, dated September 2, 2018 Staff memo to Committee of the Whole, dated July 17, 2018 (without attachments) Minutes from the Transportation and Infrastructure Corn. of 10/22/18 19 20 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: October 9, 2018 SUBJECT: 2019 Budget Proviso for SeaTac International Airport Impact Study ISSUE Authorizing Mayor to Sign Interlocal Agreement (ILC) with the Cities of SeaTac, Normandy Park, Burien, Federal Way, and Des Moines. BACKGROUND Staff has provided several briefings to the Transportation and Infrastructure Committee and the Committee of the Whole regarding a budget proviso that was included in the adopted Washington State budget to provide $300,000 in funding for the Washington State Department of Commerce ("Commerce") to study the impacts of Sea-Tac Airport on surrounding communities. The proviso requires that a local match of $300,000 be provided in order for Commerce to use the funds. Staff from the Cities of Tukwila, SeaTac, Federal Way, Normandy Park, Burien, and Des Moines have met to discuss the basic outline of how the local match could work. The City of SeaTac is prepared to provide $150,000 for the local match, provided the other five cities contribute the remaining $150,000. The table below shows fund allocation for the remaining five cities based on a per capita formula, Tukwila's contribution would be $14,445.61 City 2017 OFM population Per Capita Share 0.7348 estimate (5.1993 SeaTac) Burien 50,680 $37,238.24 Des Moines 30,860 $22,675.06 Federal Way 96,350 $70,795.27 Normandy Park _ 6,595 $4,845.82 Tukwila 19,660 $14,445.61` Other Cities Subtotal SeaTac $150,000 28,850 $150,000 Total Population 232,995 Represented Total Local Match Funds for Study $300, 000 21 INFORMATIONAL MEMO Page 2 DISCUSSION The Committee of the Whole was briefed on the match framework on July 23, 2018 and supported the proposed match by the City of Tukwila, Staff indicated that the ILA would need to come back through Council for final authorization. Since staff briefed the Council last there has been a major development that staff wanted to bring to the Council's attention. Commerce has convened regular meetings of the City Managers and staff from the Mayor's Office from the six cities outlined above. These meetings were initially just staff from the cities and staff from Commerce. However, at the last two meetings convened, members of the public insisted on being in the meeting.. At the meeting on August 27 Reps. Tina Orwall and Mike Pellicciotti attended the meeting and encouraged that the working group include community members and that they be open to the public. Commerce followed up this meeting by asking each city and the Port of Seattle to select one person to serve as a community member for their respective agencies. Additionally, the meetings of this group will now be open to the public. This changes the overall dynamic of the working group and staff has concerns on the overall effectiveness of the group, It is extremely unlikely that the initial competition due date of December 2019 will be met now. RECCOMENDATION Staff recommends that the City Council authorize the Mayor to sign the ILA between the cities of Normandy Park, Burien, Des Moines, SeaTac, and Federal Way for the City to provide $14,445.61 as Tukwila's per capita match for the budget proviso. Staff requests the ILA be placed on the November 5, 2018 consent agenda, ATTACHMENTS A. Final Interlocal Agreement with the cities of Normandy Park, Burien, Des Moines, SeaTac, Federal Way, and Tukwila. B. Commerce Agreement with City of SeaTac. C. Letter from Commerce to Tukwila, dated June 6, 2018. D. Memorandum from. Commerce to cities, dated September 12, 2018 E. Staff memo to Committee of the Whole, dated July 17, 2018 (without listed attachments). 22 AGREEMEN BETWEEN THE CITI S OF :BURIEN, DES MOINES, NORMANDY PARK, FEDERAL WAY, TU i ti WILA, AND SEATAC TPROVIDE LOCH MATCHING FUNDS FOR THE SEA- AC AIRPORT IMPACT STUDY This Agreement is entered into between the City of Burien, a municipal corporation, herein after referred to as "Burien;" the City of Des Moines, a municipal corporation hereinafter referred to as. "Des Moines;" the City of Federal Way, a municipal corporation hereinafter referred to as "Federal Way;" the City of Normandy Park, a municipal corporation hereinafter referred to as "Normandy Park;" the City of Tukwila, a municipal corporation hereinafter referred to as "Tukwila;" and the City of SeaTac, a municipal corporation hereinafter referred to as "SeaTac;" and all six cities collectively referred to as the "Parties" or "Cities", for the purpose of providing local matching .funds to the Washington State Department of Commerce, a state agency hereinafter referred to as "Commerce," for the "Sea-Tac international Airport :impacts Study," hereinafter referred to as "the Study." 4. E ad. The Washington State Legislature enacted Engrossed Substitute Senate Bill 6032 du ng the 2018 regular session. Section 127(63) (hereinafter referred to as "the Proviso") provides in part that, "$300,000 of the general fund -state appropriations for fiscal year .201.9 and $300,000 of the general fund -local appropriation are provided solely for the department to contract with a consultant to study the current and ongoing impacts of the Sea-Tac International Airport. The general fund -state funding provided in this subsection. serves as a state match and may not he spent unless $300,000 of local matching funds is transferred to the department." The Parties have determined a method to equitably provide the local matching fund obligation of $300,000 so that the Study may proceed. Purpose. The purpose of this Agreement is :for the Parties to define each Party's funding obligation, which Party will enter into a contract with Commerce, and to establish a process for participating in and responding to the study as it is prepared by Commerce. Contract Admin istrat-ion. The Parties agree that SeaTac will serve as the contracting and fiscal agent for the local matching contributions to the Study from the other jurisdictions and has the sole responsibility to collect any such funds. SeaTac commits to transfer funds to Commerce at such dates and in such amounts as required and will collect contributions, from other jurisdictions either prior to or after such transfers occur. Roles and Responsibilities. Each Party shall be responsible for fire folio ping: a. Each Party shall assign a representative(s) ("Party Representative(s)") to help prepare and participate in review of draft work products as provided by Commerce. The Party Representative for SeaTac will communicate any changes to schedules and other pertinent information in a timely manner so as to keep each Party apprised. of the status of the Commerce's work. b. Time is of the essence for this Study. The Parties shall work exped 0 rid in Page 1 of'6i 23 good faith to achieve the smooth progress includes allocating adequate staff time and providing, information. or materials needed by Commerce to facie and commenting. This ssary data and other preparation of the Study. 5, Contract Manage tter t. The agreement with Commerce shall he solely administered by the City of SeaTac on behalf of all Patties. These responsibilities include arrangement of meetings with Commerce as needed to address the comments of the Parties and coordinating communications witl Commerce. 6. fiscal Management. By entering into this Agreement the .Parties ccarnrrxit to providing their defined share of the $300,000 local matching funds. Management of fiscal matters associated with this Agreement shall be administered by the City of SeaTac. Parties shall transfer their defined share of local matching funds to SeaTac in accordance with the schedule identified in Exhibit A. While SeaTac may elect to transfer funds to Commerce in advance of receiving payments from all or some of the other Parties, the Parties affirm their share will be remitted to SeaTac on or before their established payment dates. Duration. This Agreement shall be effective upon execution by each party and shall remain in full force and effect through completion of the Study process or hull payment' by all Parties per Exhibit A, whichever comes last. This Agreement: may be extended upon mutual agreement of all Parties. 1'ernil ation. Any party may withdraw from this Agreement, effective upon thirty (30) days written notice to the other Parties and upon payment of the balance of their fulldefined share to the City of SeaTac. If the State Legislature or Commerce terminate the Study, SeaTac will remit any payments received but not sent to Commerce, plus any refund for payments received from Commerce to the Parties in accordance with defined local share as outlined in Exhibit A. The remittance by SeaTac to all Parties may be pro -rated equally if necessary to maintain thebalance of contributions and refunds from Commerce. Modification. This Agreement maybe modified by further written agreement upon mutual acceptance by all parties. Alternative Dispute RZesolution. If a dispute arises from or relates to this Agreement or the breach thereof and if the dispute cannot he resolved tlu'ough direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. 11. Wi'itten N$ti e. All communications regarding this Agreement shall be sent to the Parties at the addresses listed in Exhibit B, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of transmittal, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Page 2 of 6 24 12. Hold Uarniless. Each party to this Agreement shall defend, indemnify and hold the other party, its appointed and elected officers and employees, harmless from claims, actions, injuries, damages, losses or suits including attorney fees, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement to the extent caused by the fault or negligence of the indemnitor, its appointed or elected officials, employees, officers, agents, assigns, volunteers or representatives. 13. Non -Discrimination. The Parties shall not discrii inate in an y - miner related to this Agreement on the basis of race, color, national origin, sex, sexual orientatio ,religion, age, marital status or disability in employment or the provision of services. 'Use Commerce la.ng 1.4. Sev .r°a.bility. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such ren ainder would they continue to serve the purposes and objectives of both parties. 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties. Any modifications or amendments to this Agreement shall be in writing and shall he signed by each party. Page 3 of 6 25 CITY 0 ' `;URJ N CITY OF '1°ES DINES Brian J. ` ��il on, City Manager DATE: Michael Matthias, City Manager DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: shall, City Attorney Tim George , City Attorney CIT OF TU A CITY OF NORMAN IV PARK Allan Ekb DATE: yor k E. Hopp DATE: 7 APPROVED AS TO FORM: APPR VED S T FORM: Rachel Turp°din City Attorney CITY OF FEDERAL ''AY CITY OF SEAj C Jim Ferrell, Mayor DATE: APP'TE➢ AS TO FORM: J. Ryan Call, CityAttorney eph S o, City Manager DATE:` Ali "PROVED AS TO FORM: • y E. rante Bartolo,. City Attorney 26 Page 4 of 6 A CITY OF BURIEN Brian J DATE: APPROVE :a 'O FORM: 1, City Attorney CITY O Allan Ekberg, Mayor DATE: CITY OF DES MOINES Michael hias, City Managet DATE: APPROVAr'm AS TO FORM: Tim George, City A ttorney OF NOR i f ANDY P. Mark E.:1ioppen, City 'tanager DATE: APPROVED AS TO FORM: APPROVE.. AS TO FORM: Rae CityAttorney James Haney, City Attorney CITY OF F:ED ERA WAY C T Y OF F;ATAC lire Ferrell, Mayor DATE: APPROVED AS TO FORM: J. Ryan Call, City Aor Joseph Sc-orcio, City Mat alter DATE: APPROVE to AS TO FORM: Mary E. Miraa to Bartok), City Attorney Page 4 of 6 27 CITY OF BURIEN CITY OF DES MOINES Brian J. Wilson, City Manager DATE: Michael Matti ias, City Manager DATE: APPROVED AS TO FORM; APPROVED AS TO F Lisa Marshall, City Attorney Tim George, City Attorney CITY OF TU IEA CITY OF NORM -NDY PARK Allan Ekberg, Mayor DATE: Mark E= Hoppen, City Manager DATE: AP ROVE AS TO FORM: APPROVED AS TO F Rachel Turpin, City Attorney es Caney, City Attorney CITY OF SEA 'AC Joseph Scorcio, City Manager DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: J. Ryan Call., City Attorney Mary E. Mirante Bartolo, City Attar 28 Page 4 of 6 CITY OF J3URIEN roc, Brian:J, Wiko DATE: danager APPROVED AS TO FORM: City Attorney CITY OF TUK'IEA Allan Ekberg, Mayoi DATE: APPROVED AS T1O FORM: Rachel Tz�an, City Attorney. CITY OF FE Jim Ferrell, l Mayor DATE: APPROVED AS TO FORM: ty At CITY OF DES MOINES Michael Matthias, City Manager DATE: / APPROVED AS TO FORM: George, City Attorney CITY OF NOR,ANARK Mark E. Hoppen, City Malager DATE: ._ APPROVED AS TO FORM: es Haney, City Attorney CITY OF SEATAC Joseph Scorcio, ity Manager DATE: APPROVED AS TO FORM: 4 of6 Bartolo, City Attorney 29 E . .I _i A 2017 populatio estimate Per Capita Share 0.7348 (5.1993 SeaTae) Btu Des Moines Fe 50„680 Way Normandy Park Tukwila Other Cities Su.bto leaTa Total. Population Represented Total. Local Match Funds for Study 30,860 PAYMENT SCHEb7 50 7.238.'24 $22,675.06 S70,795.27 fl e Cities identified belovw agree to make payment to the City of SeaTac in the amount and on the dates indicated below. Payments shall be delivered to: City of SeaTac, Attn: Finance Departn.ent, 4800 South 188 Street, SeaTac, WA 98188, and should reference "Sea-Tac Impact Study Local Match.." urien: S37,238,24 no later than Sep ernl r 30. 2018, Des Moines: S22,675.06 no later- than July 1. 2019. Federal Way: $35,397,64 no later than January31. 2019 and $35,397.6 than January 31. 2020,. Normandy Park: S4,845.82 no later than September 1. 2ti18 Tukwila: $14.445.61 no later than December. 31, 2.018, Page 5 of 6 30 1. Brian J. Wilson, City Manager, Buries City Hall, 400 SW 152nd St., Suite 300, Burier., y �A 98166 2. Lisa. Marshall, City Attorney, Buries City Hall, 400 SW 1.52nd St., Suite 300, Bunien, WA 98166 3 Michael Matthias, City Manager, City of Des Moines, 21630 1 1th Ave. S,, Suite A, Des Moines, WA 98198 Tim George, City Attorney, City of Des Moines, 21630 1 1 th Ave. S., Suite .D, Des Moines, WA 98198 5. Allan Ekberg, Mayor, City of Tukwila, 6200 Southcenter Boulevard, Tukwila, WA 98188 6, Rachel Turpin, City Attorney, City of Tukwila., Kenyon Disend, PLLC, 11 Front St. S., issaqua.h, W A 98027 7. Mark E. Hoppen, City Manager, Normandy Park City Hall, 801 SW 1.74th Street, No randy Park, WA 98166 8, Jim Haney, City Attorney, City of Normandy Park, Ogden Murphy Wallace, P.L.L.C., 901 5th. Ave., Ste. 3500, Seattle, WA 98164 9. Jim Ferrell, Mayor, Federal Way City Hail, 33325 8th Ave. S., Federal Way WA 98003 10. Ryan Call, City Attorney, Federal Way City Hall, 33325 8th Ave. S.. Federal Way, WA, 98003 11, Joseph. Scorcio, City Manager, SeaTac City Hall, 4800 South 188th Street, SeaTac, WA 98188 19, Mary 1 . Mirante Bartolo, Sea.Tac City Hall, 4800 South 188th Street, ScaTae, WA 98188 6 31 32 AGREEMENT BETWEEN THE CITY OF SEATAC AND THE WASHINGTON STATE DEPARTMENT OF COMMERCE TO PROVIDE LOCAL MATCHING FUNDS FOR THE SEA-TAC AIRPORT IMPACT STUDY This Agreement is entered into between the City of SeaTac, a municipal corporation hereinafter referred to as "SeaTac," and the Washington State Department of Commerce, a state agency hereinafter referred to as "Commerce," collectively referred to as the "Parties," for the purpose of securing a commitment from SeaTac to transfer to Commerce $300,000 of local matching funds ((hereinafter referred to as "Matching Funds") for the "Sea-Ta.c International. Airport Impacts Study," hereinafter referred to as "the Study". Background. The Washington State Legislature enacted Engrossed Substitute Senate Bill 6032 during the 2d 18 Regular Session. Section 127(63) (hereinafter referred to as ``tl e Proviso"). provides in part that, "$300,000 of the general fund —state appropriation for fiscal year 2019 and $300,000 of the general fund —local appropriation are provided solely for the department to contract with a consultant to study the current and ongoing impacts of the SeaTac International Airport. The general fund —state funding provided in this subsection serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to the department." 2. Purpose. The Parties desire by this Agreement to secure a commitment from SeaTac to transfer the full amount ($300,000) of the Matching Funds to allow Commerce to proceed with the Study vithout delay. While the Parties acknowledge that other cities named in the Proviso (as listed in Paragraph 4 of this Agreement) will contribute a portion of the MatchingFunds, a delay in negotiating a multi -party agreement would negatively impact Commerce's ability to complete the Study by the intended completion date of December 1, 2019. Therefore, by this Agreement, SeaTac accepts responsibility to transfer to Commerce the Matching Funds as detailed in the Proviso, and by separate agreement will receive contributions from the other cities named in the Proviso. The Parties intend that SeaTac shall serve as fiscal agent for contributions to the Study from such other cities, with sole responsibility to collect any such funds. Transfer of Local Matching Funds to Commerce. SeaTac shall transfer $300,000 to Commerce representing the Matching Funds, through minimum installment payments on or around the following dates: A minimum of one-third (1/3) of the Matching Funds payable at the time of execution of this Agreement; an additional one-third (1/3) of the Matching Funds (totaling a minimum of 2/3 of the Matching Funds) payable prior to January 15, 2019;.and the remainder of any unpaid Matching Funds payable prior to June 15, 2019. Such funds, in combination with the State's general fund appropriation of $300,000, will be used for the purpose of financing the Study, including Commerce's related staffing and administrative costs. Upon request, but not more City of SeaTac/Dept. of Commerce (07/2018) Page 't of 4 33 frequently than once per quarter, Commerce will provide SeaTac with an accounting of all funds expended to complete the Study. 4. Local. Participation in the Study. The Proviso directs Commerce to seek feedback on project scoping and consultant selection from the Cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way, and Normandy Park. The Parties acknowledge that nothing in this Agreement is intended to limit Commerce's ability to consult with such jurisdictions, Joint Roles and Responsibilities. Each Party shall be responsible for the following: a Assign a representative ("Representative(s)") to be responsible for all communications and billings regarding this agreement, and promptly notify the other Party if its Representative changes. The Representative for SeaTac is Steve Pitcher, Community and Economic Development Director, 206-973-4832, spilcher(ii ci.seatac.wa,i s The Representative for Commerce is Gary Idleburg, Senior Planner, 360-725-3045, qarv.idlehurga comm.erce.wa.gov b. Time is of the essence for the Study. The Parties. shall work expeditiously and in good faith to transfer Matching Funds in accordance with this Agreement and complete the Study prior to December 1., 2019. This includes allocating adequate staff time and providing all necessary data and other information or materials needed for completion of the Study. 6. Study Management. Responsibility for managing the Study, including procurement and oversight of any contracts for consultant(s), shall be the exclusive responsibility of Commerce, except for consultation with the named Cities and other parties as directed by the Proviso. Commerce's responsibilities include monitoring of work of the consultant in terms of content and timeliness; coordinating with the Cities; arranging meetings; preparing and finalizing a report of tle Study and providing that report to the Legislature, etc. 7. Administration of Agreement. Supervision and administration of this Agreement shall he the responsibility of each Parties' Representative, or his/her respective designee. Puratio i. This Agreement shall be effective upon execution by each party and shall remain in full force and effect through completion of the Study, or December 1, 2019, whichever occurs first. This Agreement may be extended upon mutual agreement of the Parties. 9. r # . Any party may withdraw from this Agreement, effective upon thirty (30) days notice to the other parties. If SeaTac is the withdrawing Party, SeaTac shall still be responsible for the transfer of Matching Funds to Commerce as specified in Paragraph 3 of this Agreement. if Commerce is the withdrawing Party, all anobligated or unspent Matching Funds received by Commerce shall be returned to SeaTac. City of SeaTac/Dept. of Commerce (07/2018) Page 2 of 4 34 ID. Modification. This Agreement may be modified only by written agreement of the Parties. Additionally, this Agreement may be amended if additional funds for the study become available from either Party or one of the cities named in the Proviso, Disputes. Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from SeaTac, one representative from Commerce, and a mutually agreed upon third party. The dispute panel shall thereafter decide the resolution of the dispute with the majority prevailing. 12. Written Notice. A11 communications regarding this Agreement shall be sent to the parties at the email addresses listed in Paragraph 5 of this Agreement, unless notified to the contrary. Any. written notice hereunder shall become effective three (3) business days after the date of transmittal, and shall be deemed sufficiently given if sent to the addressee at the email address stated in this Agreement or such other address as may be hereafter specified in writing, 13. No Indemnification. Each Party to this Agreement shall be solely responsible for its own acts and/or omissions and those of its officers, employees and agents. No Party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this agreement. Subcontracts, if any, shall include a comprehensive indemnification clause holding harmless the Parties, the state of Washington, and their officers, employees and authorized agents. The provisions in this section shall survive the termination of this Agreement. Non -Discrimination. The Parties shall not discriminate on the basis of race, color, national origin, sex, sexual orientation, religion, age, marital status, or any other basis protected under state or federal law as it relates to each Party's performance and obligations under this Agreement. 15. Venue. This Agreement shall be deemed to be made in Thurston County, State of Washington, and the legal rights and obligations of the Parties shall be determined in accordance with the taws of the State of Washington. All legal actions in connection with this Agreement shall be brought in the Superior Court situated in Thurston County, State of Washington, and each Party shall be liable for its own attorneys' fees and costs. 16. Severabtlity. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both Parties. 17. P retire ireerraea This Agreement constitutes the entire agreement between the Parties, City of eaTac/Dept. of Commerce (07/2018) Page 3 of 4 35 WASHINGTON STATE DEPARTMENT OF COMMERCE CITY OF SEATAC Mark Barkley, Assistant Director Joseph Scorcia, City Manager DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: Sandra Adix, Mary Mirante Bartolo Assistant Attorney General SeaTac City Attorney City of SeaTac/Dept, of Commerce (07/2018) Page 4of4 36 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE PO Bo;: 42525 Olympia, Washington 93504-2525 (360) 725-4000 wwvr.commerce.wa.gov June 6, 2018 Mr. Brandon Miles Business Relations Manager City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 RE: Study on the current and on -going impacts of the Seattle -Tacoma International Airport - The implementation of Engrossed Substitute Senate Bill (ESSB) 6032-Section 127(63). Dear Mr. Miles: The Washington State Legislature formally asked the Department of Commerce (Commerce) to begin a study that evaluates the on -going impacts of the Seattle -Tacoma International Airport. The study has the following parameters: $300,000 of the general fund -state appropriation for fiscal year 2019 and $300,000 of the general fund —local appropriation are provided solely for Commerce to contract with a consultant to study the current and ongoing impacts of the SeaTac International. Airport. State funding provided in this serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to Commerce. Commerce must seek input on project scoping and consultant selection from the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way and Normandy Park and the Port of Seattle plus members of the legislature. Commerce must collect data and relevant information from various sources including the Port of Seattle, the listed cities and communities (above), and other studies. The study must include, but not be limited to, an analysis of the impacts that the current and ongoing airport operations have on quality of life. These impacts are associated with air traffic noise, public health, traffic, congestion, parking in residential areas, pedestrian access to and around the airport, public safety and crime within the cities, effects on residential and non-residential property values, and economic development opportunities, in the cities of 37 Mr. Brandon Miles Business Relations Manager June 6, 2018 Page 2 SeaTac, Burien, Des Moines, Tukwila, Federal Way, Normandy neighborhoods. and other impacted. The study should also provide options and recommendations for :mitigating any negative impacts identified through the analysis. The study must be delivered to the legislature by December 1, 2019.. This letter is a formal introduction and invitation. Commerce would like to begin having discussions with you and/or your representatives about forming a committee that will develop a final scope of work and/or be part of the process of choosing a consultant to help complete this task by December 1, 2019. Please contact me if you have any questions. We will be contacting you to begin to meet and organize our initial activities. We Look forward to working with you and your representatives. Sincerely, Gary Idleburg Senior Planner Growth Management Services Gar .Idlebuerce.wa. ov 360.725.3045 GI:lw cc: Mark McCaskill, AICP, Managing Director, Growth Management Services Ike Nwankvro, Western Region Manager, Growth Management. Services Jaime Rossman, Policy Advisor, Directors Office, Department of Commerce 2 38 STATE OF WASH'INGT©N DEPARTMENT OF COMMERCE IGV! Plum Street SE 0 PO Box 42525 © Olympia, Washington 98504-2525 0 (360) 725' 400'0 www.commerce.wa.gov DATE September 12, 2018 TO: MEMORANDUM Sea-Tac International Airport Study Advisory Committee (SSAC) FROM: Gary Idleburg, Senior Planner, Local Government Division SUBJECT: Public participation and next steps for the study This memorandum is a reminder and a request for public participation in this study. Our last meeting resulted in a number of important decisions which will affect our work I. Committee representative from each City and the Port of Seattle will select a public representative from their jurisdiction to sit on the full SSAC in developing the "statement of work" among other duties tasked to the committee. A new project schedule and project charter will be developed for signature by the full SSAC. Subsequent meetings will be in the following format; A subcommittee comeposed of City and Port staff representatives will develop draft work products for the full SSAC (including public representatives) to review and help finalize. 4. The State Legislators on the SSAC w due date of the study. ork with their colleagues in the legislature to change the The Department of Commerce (Commerce) requests that the the City and. Port representatives select a public representative for the committee as soon as possible. We will need an aggressive schedule to complete this work. This added step in our process will likely delay our delivery date to the legislature until sometime in the spring of 2020. We would like to reduce that delay as much as possible by filling the public representative positions and meeting again as soon as practicable. Please contact me at Commerce (ttarv.idlehur_tacommerce..wa cv) or by phone 360.725.3045 if you have questions or need assistance. Thank you for your participation and cooperation. 39 40 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: July 17, 2018 SUBJECT: 2019 Budget Proviso for SeaTac international Airport Impact Study ISSUE Update on 2019 Budget Proviso for SeaTac International Airport Impact Study. BACKGROUND On February 26, 2018 Committee of the Whole was briefed on a proposed budget proviso pending with the Washington State Legislature. The proviso was included in the final adopted budget for the State. The proviso would provide funding for the Washington State Department of Commerce ("Commerce") to study the impacts of Sea-Tac Airport on surrounding communities. The proviso requires that a local match be provided in order for Commerce to use the funds. The City's Transportation and Infrastructure Committee discussed the proviso at four of its meeting to discuss if the City should provide funds for the local match requirement The final adopted budget proviso language, as amended, is as follows: (63)(a) $ 300,000 of the general fund -state appropriation for fiscal year 20191 and 300,000 of the general funds -local appropriation are provided solely for the department to contract with a consultant to study the current and ongoing impacts of the SeaTac international airport. The general fund -state funding provided in this subsection serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to the department. The department must seek feedback on project scoping and consultant selection from the cities listed in (b) of this subsection. b) The study must include, but not be limited to; i) The impacts that the current and ongoing airport operations have on quality of life associated with air traffic noise, public health, traffic, congestion, and parking in residential areas, pedestrian access to and around the airport, public safety and crime within the cities, effects on residential and nonresidential property values, and economic development opportunities, in the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way, Normandy Park, and other impacted neighborhoods; and Options and recommendations for mitigating any negative impacts identified through the analysis. c) The department must collect data and relevant information from various sources including the port of Seattle, listed cities and communities, and other studies. d) The study must be delivered to the legislature by December 1, 2019. The fiscal year for the State began on July 1, 2018. 41 INFORMATIONAL MEMO Page 2 Following the adoption of the budget, the Chairs of the State House Appropriations Committee and the State Senate Ways and Means Committee sent a letter to Commerce with refined language (see attached). It was noted that the language came too late to be included in the final draft of the State budget. The main modification was that Commerce was also directed to look at the benefits of SeaTac International Airport on surrounding cities as a result of proximity to the airport. The options section was also expanded to include a discussion regarding " bolstering potential benefits." Per Commerce, the adopted budget language governs, but the letter provides good guidance on the legislative intent of the proviso.. The Cities of Tukwila, SeaTac, Federal Way, Normandy Park, Burien, and Des Moines have been meeting to discuss providing the local match. The City of SeaTac is prepared to provide $150,000 for the local match, provided the other five cities contribute the remaining $150,000. The table below shows fund allocation for the remaining five cities based on a per capita formula, Tukwila's contribution would be $14,445.61 City 2017 OFM population estimate Per Capita Share 0.7348 5.1993 SeaTac) Burien Des Moines 50.680 0,860 37,238.24 22,675.06 Federal Way Normandy Park Tukwila 96,350 $70,795.27 6,595 9,660 $4,845.82 $14,445.61 Other Cities Subtotal $150,000 eaTac 28,850 Total Population Represented Total Local Match Funds for Study 232,995 50,000 $300,000 Staff from the six cities supports the allocation of the match as outlined in the table above. City Councils from the other cities may need to approve the final contribution. With the local match and the State Funds, the total amount of funds available is $600,000. There is some initial concern that these funds may be insufficient to complete an in-depth study. Commerce has already indicated they study would like to be survey of existing studies and data already available and that it's unlikely that new primary research will be completed, The City of SeaTac has indicated it may be willing to contribute an additional $100,000 to expand the scope of the study. DISCUSSION Tukwila's impact from. Sea-Tac Airport are much different than the other five cities. While Tukwila has some minor impacts from noise and odor, the City does not have the same 42 INFORMATIONAL MEMO Page 3 significant impact as the other cities that are directly below the takeoff and landing approaches. Tukwila is impacted by traffic, land use patterns, and impacts to public services. A recent study by the Port of Seattle estimates that Sea-Tac Airport contributes $742 million in economic activity within the City, providing over 5,000 jobs. Participation in the budget proviso study will also identify the positive impacts the Airport has on the City and will assist the City in how to better leverage our relationship with the Port to benefit the City's community members. RECCOMENDAT1ON Staff recommends that the City provide $14,445.61 as Tukwila's per capita match for the budget proviso. ATTACHMENTS A. June 6, 2018 Letter from Department of Commerce to the City of Tukwila. B. _Pages from the adopted Washington State Budget. C. March 21, 2018 Letter from Washington State Legislature to Department of Commerce. D. February 12, 2018 Letter, with attachment, from City of SeaTac to City of Tukwila. E. February 14, 2018 Letter from City of Des Moines to Representative Timm Ormsby, F. Federal Way Resolution No. 18-735. 43 44 Transportation & infrastructure Committee Minutes.................................................................................Octe ber2Z 20.i8 C. Contract: 2019 Overlay & Repair Program Staff is seeking Council approval of a contract with KPG, Inc. in the amount of $156,172.00 for design of the 2019 Overlay and Repair Program. Committee members and staff discussed that design contracts differ from construction contracts in that they do not have to be bid. Cities can choose the best qualified designer for a project and KPG was selected due to their qualifications and experience with Tukwila. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. D. Resolution: 2019.Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use in Olympia during the next session. The Legislative Agenda provides direction to staff on policy positions. Tukwila's state lobbyist, Jennifer Ziegler, has notified the City she is going to discontinue service and staff will return with a proposal for a replacement. The draft Agenda includes relevant additions and deletions including reference to the Allentown Bridge, reestablishing the Streamlined Sales Tax Mitigation payments, and changing the day fate for inmates to ensure equitable reimbursements to facilities like SCORE. Councilmember Quinn suggested adding language referencing the efforts of the Streamlined Sales Tax mitigation tax force. Staff will prepare an amendment for the Committee of the Whole. UNANIMOUS APPROVAL. FORWARD TO NOVEBMER 13, 2018 COMMITTEE OF THE WHOLE. E. Interlocal Agreement: SeaTac International Airport Impact Study Staff is seeking Council approval of an interlocal agreement with SeaTac, Normandy Park, Burien, Federal Way, and Des Moines that outlines the local matching funds for the Sea-Tac Airport Impact Study as required in the State's budget proviso. The City Council previously approved Tukwila's share of $14,445.61. Since the last briefing, the Department of Commerce has changed the format of the regular meetings of the six cities to include one community representative from each and for the meetings to be open to the public. Tukwila's representative will be former Mayor Jim Haggerton, UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. II. SCATBd/RTC MISCELLANEOUS Councilmembers and staff discussed the project summary included in the packet as well as the October 21, 2018 water main break on Andover Park. East. The Transportation Committee Meeting adjourned at 6:44 p.m. Committee Chair Approval nutes by LH 45 46 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/05/18HI-1 ildi ITE NFORMATION ITEM No. 4.F. STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 3. /OS 8 AGENDA Ini TITLE 2019 Annual Overlay & Repair Program Design Consultant Agreement with KPG, Inc. CATEGORY LI Discwssion AN Date 0 Motion Date 11/05/18 []Resolution Mtg Date El Ordinance Mtg Date El Bid Award Mg Date []Public Heating Mtg Date El Other Mtg Date Mtg SPONSOR •Council LIMajor LIHR •DCD LIFiname LIFzre DTS OP&R LIPolue DPW LIourt SPONSOR'S This contract is for design of the 2019 Annual Overlay and Repair Program. Three SUMMARY engineering firms were evaluated and KPG was determined to be the most qualified. The list of seven street sections for the 2019 Overlay and Repair Program was developed using the City's Pavement Management Program. In the design process, cost estimates will determine which sections are constructed in 2019. Council is being asked to approve the design contract with KPG, Inc. in the amount of $156,172.00. REVIEWED BY El C.O.W. Mtg LI CDN Comm [1] Finance Comm. El Public Safety Comm. LI Arts Comm. El Parks Comm. El Planning Comm. COMMITTEE CHAIR: THOMAS MCLEOD Trans &Infrastructure DALE: 10/22/18 RECOMMENDATIONS: SPONSOR/ADMIN. COMMI1TEE Public Works Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $156,172.00 $175,000.00 $ Fund Source: 104 ARTERIAL STREET FUND Comments: (page 16, Proposed 2019 CIP) MTG. DATE RECORD OF COUNCIL ACTION 11/05/18 MTG. DATE ATTACHMENTS 11/05/18 Informational Memorandum dated 10/19/18 Consultant Selection Scoring Matrix Page 16, Proposed 2019 CIP Vicinity Map KPG Contract, Scope of Work, and Fee Minutes from the Transportation and Infrastructure Committee 10/22/18 47 48 City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: CC: Scott Bates, Traffic Engineering Coordinator Mayor Ekberg DATE: October 19, zoie) SUBJECT: 2019 Overlay and Repair Program Project No. 91910401 Design Consultant Selection and Agreement Allan Ekberg, Mayor ISSUE Execute a contract with KPG, Inc. (KPG) to provide design services for he 2019 Overlay and Repair Program. BACKGROUND Three engineering firms were evaluated from the MRSC Consultant Roster to provide design services for the 2019 Overlay and Repair Program (see attached scoring & selection matrix). All of the firms offer baseline qualifications, however KPG provides a unique blend of knowledge and understanding of the City's overlay program that provides efficiency and benefits which cannot be matched at this time by any other firm. KPG has also performed very well providing construction management services. DISCUSSION KPG has provided a contract, scope of work, and fee estimate to complete design of the 2019 Overlay and Repair Program and advertise for construction bids. Starting the design phase earlier in the year for a projected construction advertisement date of March 1, 2019, should provide a more favorable bidding climate. Preliminary Locations in Design Contract See attached vicinity map. FISCAL IMPACT 2019 Design Contract KPG Contract $156,172.00 2019 Design Budget $175,000.00 RECOMMENDATION Council is being asked to approve the design contract with KPG, Inc. for the 2019 Overlay and Repair Program in the amount of $156,172.00 and consider this item on the Consent Agenda at the November 5, 2016 Regular Meeting. ATTACHMENTS • Consultant Selection Scoring Matrix • Page 16, Proposed 2019 CIP • Vicinity Map • Consultant Agreement, Scope of Work and Fee Estimate WAPW Erig1PROJECTSVX RW & RS ProjestsVinnual Overlay & Repair Pregramal2019 Overlay & Repair Program (91910401)1Design1Design Consultanl Selection12019 Overlay To TICtIniciMerne Overlay 2019 Design 101918.docx 49 50 2019 Overlay Program Consultant Selection atrix 2019 Overlay Program — Con Services ac for Design Paving Project Design and Construction Management Experience with the City. Knowledge of FHWA, State, and Tukwila Standards and Procedures Environmental Experience Experience with Similar Projects. Traffic Control Design Expertise, Experienced Design Project Manager. Small Scale Project Experience. Utilities Coordination Experience. Storm water, Drainage, and Detention Design. Public Outreach Experience. Survey Crew In -House, TOTALS For each category, highest score is 5 (with the lowest or worst score 1) Consultant with the highest score is ranked the best. Staff: Dave Sorensen Selection Date: 7/3/18 Selected Consultant: KPG, Inc. Parametrix 0 3 5 4 5 5 3 4 4 4 4 4 2 5 4 4 4 3 3 4 5 5 5 5 4 4 4 5 5 4 4 50 Selection Justification: The selected firm has demonstrated relevant pavement overlay design experience on multiple past federal and locally funded paving projects including the City overlay program. KPG has provided excellent design construction management results on City drainage projects as well. They have exceptional familiarity with City Public Works systems, WSDOT and FHWA standards, Based on overall score KPG prevailed. Consultants percieved ablility to perform CM services was also reviewed since the design contract could be extended to include those services as well. 51 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 PROJECT: Annual Overlay and Repair Program Project No, 9xx10401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which also minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL in $000's 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES Design Land (R/W) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected City Oper. Revenue TOTAL SOURCES Through Estimated 149 151 526 826 826 826 150 200 1,050 1,400 1,400 1,400 150 200 1,050 1,400 1,400 1,400 1,400 1,400 150 200 1,050 1,400 1,400 1,400 150 200 1,050 1,400 1,400 1,400 150 200 1,050 1,400 1,400 1,400 150 200 1,050 1,400 1,400 1,400 150 200 1,050 1,400 1,400 1,400 1,349 0 1,751 8,926 12,026 0 0 0 0 12,026 12,026 52 2019 - 2024 Capital Improvement Program 16 R►JNIER GOLF & COUNTRY CLUB City of Tukwila 2019 Overlay Program Arterial Street Candidates Residential Street Candidates 53 54 City of Tukwila 6200 Southcenter Boulevard, Tukwila V'A 98188 Contract Number: CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and KPG, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. I , Project Designation. The Consultant is retained by the City to perform engineering services in connection with the project titled '2019 Overlay Program'. 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 August 31, 2019, 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 At, eement no later than August 31, 2019 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 $156,172.00 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. 55 Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered underthis 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. S. 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 56 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on IS© 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. 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 57 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. 1 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 58 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 th KPG 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 alto ing address: 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultantand 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 CITY OF TUKWILA Mayor, Allan Ekberg day of , 2019. CONSULTANT By: Printed Na Nelson Davis, KPG Title: Principal Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1-2013 Page 5 59 60 EXHIBIT A City of Tukwila 2019 Overlay Program Scope of Work September 25, 2018 The Consultant shall prepare final Plans, Specifications and Estimates for the 2019 Overlay Program. Specific projects will be determined from the following list of candidate streets: o E Marginal Way Norfolk to end of new pavement o S 200th Street Orillia Road to Southcenter Parkway • S 128th Street Military Road to approx. 650' East o 51st Avenue S S 137th Street to S 138th Street o S 137th Street Macadam Road to 43rd Avenue S a 52r°d Avenue S Interurban to S 51st Street o 55th Avenue S S 144th Street to S 140th Street Project base maps for S 128th Street and 51 st Avenue S were substantially completed in 2018 with additional detail required for channelization and ADA compliance. The Consultant shall provide all necessary field reviews, base mapping, and utility notification required to complete final bid documents for the 2019 Overlay Program. The Consultant shall also prepare the bid tabulation, check low bidder (2) references, and provide a recommendation for award to the City. The 2019 Overlay Program will be bid as a single bid package as budget allows. Projects may be re -prioritized or deferred to a future overlay program based on available budget and other considerations. Detailed estimates will be prepared at the 50% design to verify the final project list to be included in the 2019 Overlay Program. The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Tukwila KPG, Inc. 20I9 Overlay Program Page 1 of 4 September 2018 61 Assumptions for the 2019 Overlay Program Bid Package Roadway and utility casting mapping will be based on aerial photography, GIS, and field reviews by the Consultant. Topographic field survey may be required for ADA ramp improvements and will be performed by the Consultant as required. Typically, only surface utilities requiring adjustment to grade will be shown. No utility upgrades are anticipated in the project design. Drainage & Water Quality Reports will not be required. Environmental Documentation will not be required. Deliverables 59%© review submittal with Plans and Estimate (6 copies) 90% review submittal with Plans, Specifications, and Estimate (6 copies) Routing of 50%© and 90% Plans to utilities for review and comment. Bid Documents and Engineer's Estimate for 2019 Overlay Program 10 sets of Plans (11" X 17") and specifications for the Bid Documents. Coordinate upload of Plans and Specifications to Builders Exchange. Bid Analysis and recommendation for award. Draft and final .pdf of Pavement Management Plan update SCOPE OF WORK TASK 1 — 2019 OVERLAY PROGRAM 1.1 The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 6 months). • Hold project coordination meetings with the City to update progress and review submittals. Assume (4) meetings. • The Consultant shall provide monthly status reports and billings. • The Consultant shall provide independent QNQC reviews by senior in- house staff of all deliverables prior to submittal to the City. 1.2The Consultant shall field review base maps that were prepared in 2018 for accuracy. The Consultant shall prepare base maps for all other project locations using field measurements, available record drawings, and/or ortho-photography. Topographic survey will be utilized only at ADA ramp locations where field conditions require it to meet ADA compliance City of Tukwila KPG, Inc. 2019 Overlay Program Page 2 of 4 September 2018 62 1.3The Consultant shall prepare 50%, 90%, and final Plans for the proposed improvements including the following: Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. It is assumed there will be approximately thirty (30) plan sheets at 1 "= 20' scale full size (22" X 34"), 1"=40' at reduced scale (11" X 17"). Typical sections and details will be prepared for items not available as standard details from the City, State, or WSDOT standard drawings. Plans will identify curb ramp replacement limits and pedestrian push button modifications in accordance with ADA requirements. The plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, utility adjustments, surfacing depths and details, and applicable channelization and signing for the segments selected for final design. Plans and specifications will include required criteria for traffic control plans and pedestrian traffic control during construction. Criteria will be developed in collaboration with the City. The Consultant shall perform site walkthroughs with the City maintenance staff to determine extent of roadway improvements f resurfacing (Estimate 2 meetings) and to prioritize candidate streets within the available budget. Pavement sections will be determined through consultation with the City's maintenance staff and previous experience. No geotechnical investigations are anticipated. 1.4 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for each review submittal and the Bid Documents. Projects will be prioritized in collaboration with the City following the 50% Submittal to determine final project segments. 1.5The Consultant shall prepare the Contract Specification per 2018 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents. 1.6The Consultant shall distribute 50% and 90% review submittals to franchise utility owners for adjustments within the Project limits. 1.7The Consultant shall assist the City with Project Advertisement and Award by uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation, and recommendation for award. City of Tukwila KPG; Inc, 2019 Overlay Program Page 3 of 4 September 2018 63 TASK 2 — FORT DENT PARK PARKING/ACCESS REPAIRS 2.1 The Consultant shall prepare base maps and design for overlay/reconstruction improvements in the Fort Dent Park area. Overlay plans for Fort Dent Park will be included in a separate bid schedule and bid as part of the 2019 overlay program. Limits of repairs will be determined in collaboration with the City to achieve an approximate $100,000 construction budget. TASK 3 — PAVEMENT MANAGEMENT PLAN UPDATE 3.1 The Consultant shall provide necessary management and coordination to Didrik Voss, PE for update of the City's pavement management program. Work shall include rating of all street segments within the City of Tukwila, update of data files in pavement management software, and data analysis. Didrik Voss will prepare a draft and final report containing recommendations for appropriate funding levels for ongoing maintenance of the roadway system, City of Tukwila KPG, Inc. 2019 Overlay Program Page 4 of 4 September 2018 64 EXHIBIT B PRIME CONSULTANT COST COMPUTATIONS City of Tukwila 2019 Overlay Program September, 2018 Task No. Task Description Task 1 - Pro' oCt P+Tanagoment 1,2 P--.._e 1,3 1.4 1,5 1,6 pare 50%, 20%, and Final Mars - Coal Estimates t50%, 90%, F1naf) Specifications roordnaoan 1,7 Project Advertisement and Award Task 2- Fort 0 ParkingIAccess Re;. PetiPai 4 Task Total 24 4 Task 3 - Pavement €naSernent Pr ram Update 2 4 4 4 4 16 8 156 Labor Hour Estimate 40 40 32 32 4 16a 76 24 4 12 4 16 242 40 40 lnterdisC&plin I1 Total Hours and Labor Foe Eatlmate by Task Hours 44 5 36 016 $ 4 90 a0 Pea 5 10. Sett Task Tatar, 4 Total Labor Hours and Fee': 32 70 16 240 Subconsultanta Reimbursable Direct Non -Salary Cosh 80 24 250 40 40 Paverroot En0Gw_ers {PktP update] Trails Control Total 9ubconaallant Eapanaa Mileage at cur€en/. iR5 rate E Total Estimated Eudget' 12 S 136,672 500.00 2,000,09 FEE ESTIMATE 9/2512016 66 Transportation & Infrastructure Committee Minutes..........................................„...,...,..,...,...,..,.,,...,.,.,.,...October22, 2018. C. Contract: 2019 Overlay & Re air Pro tarn Staff is seeking Council approval of a contract with KPG, Inc. in the amount of $156,172.00 for design of the 2019.Overlay and Repair Program. Committee members and staff discussed that design contracts differ from construction contracts in that they do not have to be bid, Cities can choose the best qualified designer for a project and KPG was selected due to their qualifications and experience with Tukwila. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. D. Resolution: 2019 Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use in Olympia during the next session. The Legislative Agenda provides direction to staff on policy positions. Tukwila's state lobbyist, Jennifer Ziegler, has notified the City she is going to discontinue service and staff will return with a proposal for a replacement. The draft Agenda includes relevant additions and deletions including reference to the Allentown Bridge, reestablishing the Streamlined Sates Tax Mitigation payments, and changing the day fate for inmates to ensure equitable reimbursements to facilities like SCORE. Councilmember Quinn suggested adding language referencing the efforts of the Streamlined Sales Tax mitigation tax force. Staff will prepare an amendment for the Committee of the Whole. UNANIMOUS APPROVAL. FORWARD TO NOVEBMER 13, 2018 COMMITTEE OF THE WHOLE. E. Inteelocal Agreement:: SeaTac International Airport Impact Study Staff is seeking Council approval of an interlocal agreement with SeaTac, Normandy Park, Burien, Federal Way, and Des Moines that outlines the local matching funds for the Sea-Tac Airport Impact Study as required in the State's budget proviso. The City Council previously approved Tukwila's share of $14,445.61. Since the last briefing, the Department of Commerce has changed the format of the regular meetings of the six cities to include one community representative from each and for the meetings to be open to the public. Tukwila's representative will be former Mayor Jim Haggerton. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. II. SCATBd/RTC. III. MISCELLANEOUS Councilmembers and staff discussed the project summary included in the packet as well as the October 21, 2018.water main break on Andover Park East. The Transportation Committee Meeting adjourned at 6:44 p.m. Committee Chair Approval nutesbyLH 67 68 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Maypj s r llieW Council rePiell, 10/22/18 PM 11/05/18 PM ITEM INFORMATION ITEM No, 4.G. SI:\ I+ SPONSOR: PEGGY MCCARTHY ORIGIN \ 1 AGI,N1),\ ) \ IF: 10/22/18 AG] NT) \ III, m Mu; Approve purchase of new cashiering system for Finance Department and City Clerk. CA !Lc ()RV D1JGLIS,11011 10/22/18 a Motion A!tg Date 11/5/18 E Resolution Aftg Date LI Ordinance Aft,g Date LII Bid lward A ItgDate LI Public. 1-feanns, ANDate LI Other ANDate ANDate SPONSOR 'buttell [Major El 1- Ilk EDCD 0 Finance EFin E TS 111)6-1k Police EjPW flCoeiru SP ()\:,(me S Council is being asked to approve the purchase of a new cashiering system to support two SiJ \ 17\I \ RY cashiering stations in the Finance Department and one in the City Clerk's office. RI, N'll'AVI,D BY El C.O.W. Mtg. E] CDN Comm E] Trans &Infrastructure LI Arts Comm. DATE: 10/16/18 Finance Comm. 111 Public Safety Comm. Comm. E Planning Comm. CHAIR: QUINN E Parks COMMITTEE RECOMMENDATIONS: spoNsoR/AnmiN Comm] Finance 1-1 Li, Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPLNDI I URI, REQUIRLD AMOUNT BUDGETED APPROPRIATION REQUIRED $43,395 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/22/18 Forward to 1 5/ 8 Consent Agenda MTG. DATE ATTACHMENTS 10/22/18 Informational Memorandum dated 10/10/2018, plus attachment Minutes from the Finance Committee meeting 10 6/2018 11/5/18 No attachments 69 70 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's reviw Council review 11/05/18 NG ITEM INFORMATION ITEM No, 4.H. STAN, SPONSOR: NORA GIERLOFF ORIGINAL AGLND \ 11\1E: 8 AGENDA ITEM TITLE 2019-2020 Interlocal Agreement with Seattle for Hearing Examiner Services C \II.GORY fl Dijcuseon Mtg Date C Motion Date 11/5/18 E. Reiolution Mtg Date 0 Ordinance ill ig Date [1] Bid Award Mtg Date E Public T-learzng illt,g Date FI Other Altg Mtg Date 11/5/18 SPONSOR ECouncli AIayor EIHR 0 DCD Finance fFzrt ETS EP&R Police •P ' ECourt SP oNsoit'S Tukwila has contracted with the City of Seattle for hearing examiner services since 2005. SUNINIARY The hearing examiner is the decision maker for a variety of land use decisions and appeals. The current interlocal agreement runs through December 31, 2018. In order to continue this relationship a new agreement is needed. REVIEWED BY E co.w. Mtg. Ell Trans &Infrastructure DATE: 10/23/18 CDN Comm E Finance Comm. Comm. CHAIR: KRULLER El Public Safety Comm. Arts Comm. • Parks • Planning Comm. COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMI Department of Community Development ritI, Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE ExpENDrEtiRE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/5/18 MTG. DATE 1 ATTACHMENTS 11/ 8 Informational Memorandum 10/12/ 8 dated Interlocal Agreement Minutes from he Community Development and Neighborhoods meeting of 10/23/18 71 72 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: October 12, 2018 SUBJECT: Hearing Examiner Interlocal Agreement ISSUE The current interlocal agreement with the City of Seattle for Hearing Examiner services runs through December 31, 2018. In order to continue this relationship a new agreement is needed. BACKGROUND Tukwila has contracted with the City of Seattle for hearing examiner services since 2005. The hearing examiner is the decision maker for Type 3 land use decisions including variances, special permission zoning modifications, subdivision preliminary plats and some wireless facility permits. Other actions include hearing appeals from Type 2 land use decisions, code enforcement actions, and impact fee determinations. DISCUSSION The City of Seattle Office of Hearing Examiner has performed these services for Tukwila in an efficient and cost effective manner for 13 years.. They have proposed a modest increase to the hourly rate from $115 to $125 for the 2019-2020 period. There is no increase to the fees for support services or travel time, FINANCIAL IMPACT Hearing examiner costs are either covered by permit application fees or treated as a pass through to the applicant. RECOMMENDATION The Council is being asked to approve the agreement and consider this item at the November 5th Regular Meeting consent agenda. ATTACHMENT Draft Interlocal Agreement 73 74 City of Tukwila 6200 S©uthcenter Boulevard, Tukwila WA 98188 Agreement Number: AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATTLE AND THE CITY OF TUKWILA FOR HEARING EXAMINER SERVICES THIS IS AN INTERLOCAL AGREEMENT between the City of Seattle, a Washington municipal corporation acting through its Office of Hearing Examiner, hereinafter referred to as "Seattle," and the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as "Tukwila" for Tukwila's utilization of Seattle's hearing examiner services. WHEREAS, Tukwila is in need of the services of a hearing examiner; and WHEREAS, Seattle has the experience, personnel and willingness to provide hearing examiner services, and WHEREAS, Tukwila has contracted with Seattle for hearing examiner services since 2005, NOW THEREFORE, in consideration of the terms and conditions contained herein, it is mutually agreed by and between Seattle and Tukwila as follows: AUTHORITY This Agreement is made and entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. PURPOSE The purpose of this Agreement is for Seattle to provide hearing examiner services to Tukwila. SCOPE OF SERVICES Seattle shall provide hearing examiner services and accompanying support services for Tukwila on an as needed basis. 4. COMPENSATION 4.1 Tukwila shall pay Seattle $125.00 per hour for Seattle's hearing examiner services through December 31, 2020. Tukwila shall pay Seattle $30.00 per hour for any support services requested by Tukwila. Seattle shall be reimbursed for any direct expenses advanced on Tukwila's behalf including mailing and copying charges. If Seattle is required to provide any copying services in the performance of this Agreement, Tukwila shall pay Seattle $0.15 per page for the copies. 75 4.2 Drug asset forfeiture hearings shall have a one -hour minimum hearing examiner service charge unless Tukwila notifies Seattle of the hearing cancellation at least 24 hours prior to the scheduled hearing time. 4,3 Seattle shall not bill for travel time between Seattle and Tukwila, Tukwila will pay a $25.00 flat fee for round trip travel to Tukwila together with mileage at the current government reimbursement rate. Each individual providing hearing examiner services under this Agreement shall separately present to Tukwila a monthly statement detailing the mileage and number of trips to Tukwila for which the individual is eligible for reimbursement. 4.4 Seattle shall bill Tukwila on a monthly basis for work performed. Within 30 days of receiving Seattle's invoice, Tukwila shall issue a check to Seattle for services rendered. 5. SCHEDULING SERVICES Seattle's hearing examiner services shall be scheduled on a case by case basis, Tukwila shall contact Seattle to schedule appropriate dates and times. 6. HEARING LOCATION Hearings shall be held at Tukwila City Hall, Seattle shall provide the necessary recording equipment in order to create a record of the hearings. The hearings may be held in the day or evening as required by Tukwila. HEARING PROCEDURES Hearings shall follow the Hearing Examiner Rules of Practice and Procedure currently adopted by the Seattle Office of Hearing Examiner, and such rules and procedures shall supersede those adopted via Tukwila City Council Resolution No. 1578. 8. HEARING DECISION Hearings shall be conducted in compliance with the Tukwila Municipal Code, Upon conclusion of the hearing, Seattle shall issue a written decision. This decision shall make findings of fact and conclusions of law based on the Tukwila Municipal Code. The written decision shall be issued within fifteen (15) business days of the hearing unless unusual circumstances exist. INDEMNIFICATION Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from CAUserslVancilRlHppDataTocallMicrasoftlwindo wslTemp©very Internet Tales\Content, Outlook 1H3G23V13HIHearing Examiner I me rlocal 2019-2020,doc Page 2 76 that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents, For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 ROW. 10. RECORDS RETENTION AND TRANSFERENCE Seattle shall generally transfer records back to Tukwila after the expiration of the 30 day appeal period. Seattle may retain records up to one year from the date of final disposition if requested in a specific case. DURATION This Agreement shall take effect upon execution of the Agreement by both parties, and the appointment of the hearing examiner by the Mayor of Tukwila and the approval of the Tukwila City Council, This Agreement shall remain in effect through December 31, 2020 and shall be subject to renewal by mutual agreement. 12, TERMINATION Either party may terminate this Agreement by giving thirty (30) days written notice of termination to the other party. APPLICABLE LAW; VENUE: ATTORNEYS FEES This Agreement shall be subject to, and the Parties 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. 14. SEVERABILiTY AND SURVIVAL C.lusers1VanciGRlApp©atoll_ocal1t lc rosoft'+WindowslTemporary Internet File s\Content,Outlook\H G2 V5H\Hearing Examiner Interfocal 2O 19-2Q2O.doc Page 3 77 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. 16, 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 Seattle shall be sent to the following address: City of Seattle Office of Hearing Examiner PO Box 94729 Seattle, WA 98124 IN WITNESS WHEREOF, the parties have executed this Agreement on the date last written below. CITY OF SEATT CITY OF TUKWILA By:ff;yan Vancil, Hearing Examiner By: Allan Ekberg, Mayor w � DATE Approved as to Form: Tukwila City Attorney DATE DATE C:\UserslVancilR\AppUatalLocallMicrosott\Windows\Temporary Internet Files\Content Interlocal 2019.2020.doc ok1H3G23VE3HU-leading Examiner Page 4 78 City of Tu kw a City Council Community Development & Neighborhoods Comrnfttee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes October 23, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kate Kruller, Chair; Kathy Hougardy Staff: David Cline, Jack Pace, Nora Gierloff, Rachel Bianchi, Robert. Eaton, Kia Shagena, Laurel Humphrey CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Interagency Agreement: Lake to Sound Trail Staff is seeking Council approval of an interagency agreement with King County to design, construct, operate and maintain Lake to Sound Trail, Segment A, within the City of Tukwila boundary. Once complete, the trail will be a 16-mile route connecting the south end of Lake Washington to the Puget Sound in Des Moines. Segment A will add 1.1 miles from Renton's Black River Riparian Forest connecting to the Green River Trail in Tukwila. The portion in the City of Tukwila is located primarily in Fort Dent Park. Councilmember Hougardy noted that removal of illegal encampments is listed in both City and County responsibilities and asked staff to be aware of this. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. B. Interlocal Agreement: Hearing Examiner Services Staff is seeking Council approval to renew an interlocal agreement with the City of Seattle for * hearing examiner services through December 31, 2020. Tukwila has contracted with Seattle for these services since 2005 and this arrangement has proven to be efficient and cost effective. There agreement includes an updated hourly rate from $115 to $125 with no increase to support services or travel time. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. C. Resolution: Updating Rental Housing Fees Staff is seeking Council approval of a resolution that would update rental housing licensing fees. The Rental Housing Program has 3962 registered rental units with 91% up to date on inspections. Nearly 400 units have been added to the program this year. The fees are proposed to be updated as shown below: 79 80 COUNCIL AGENDA SYNOPSIS a, Meeting Date Prepared lty Mayor's review .- Co ne/irea' 11/05%'18 RE ITEM INFORMATION TENo. 4.1. S'n I SPONSOR: ROBERT EATON ORIC INI AGENDA DATE: 11/5/18 AGI;ND,°\ IrI n T LE An interagency agreement with King County for the Lake to Sound Trail CA VI GORY ® Discussion Mtg Date Motion Date 11/5f18 C Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid ward Meg Date ❑ Public Hearzng !l tg Date l:1 Other Mtg Mtg Date SPONSOR ❑Council CMDior ®HR ❑DCD ❑Finance 'e ❑PIi' ❑Court ❑i tie ®TS ►1Pr R ❑Poi SPONSOR'S In a cooperative effort to construct the Lake to Sound Trail project, Segment A, King SU\IM,\RY County Department of Natural Resources and Parks and the City of Tukwila are entering into an Interagency Agreement (IAA) regarding the design, construction, ownership, operation, and maintenance of the planned Lake to Sound Trail. RI;v11S\X IsI BY C.O.W. Mtg. ❑ Trans &Infrastructure DATE: 10/23/ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KRULLER ❑ Arts Comm. 18 RECOMMENDATIONS: SPONSOR/ADMMIN. COMMITTEE Parks & Recreation Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPI NDFFURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $U $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL. ACTION /1s MTG. DATE ATTACHMENTS 11/5J18 Informational Memorandum dated 10/16/L8 Lake to Sound Trail Maps DRAFT Interagency Agreement with King County Minutes from the Community -Development & Neighborhoods Committee 10/23%'18 mtg 81 82 TO: FROM: BY: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Community Development and Neighborhoods Committee Rick Still, Parks and Recreation Director Robert Eaton, Parks & Recreation Manager CC: Mayor Ekberg DATE: October 16, 2018 SUBJECT, Interagency Agreement with King County for Lake to Sound Trail ISSUE An Interagency Agreement between King County and the City of Tukwila to design, construct, operate, and maintain Lake to Sound Trail, Segment A, within the City of Tukwila boundaries. BACKGROUND in a cooperative effort to construct the Lake to Sound Trail project, Segment A, King County Department of Natural Resources and Parks and the City of Tukwila are entering into an Interagency Agreement (IAA) regarding the design, construction, ownership, operation, and maintenance of the planned Lake to Sound Trail, The trail will traverse Renton's Black River Riparian Forest and connect to the Green River Trail in Tukwila at the north end of Fort. Dent Park providing new opportunities for recreation and non -motorized mobility and commuting. The new segment of trail will add 1.1 miles to the overall Lake to Sound Trail which will eventually connect the south end of Lake Washington to the Puget Sound; a 16 mile route (Attachment A). King County and the City of Tukwila have worked collaboratively to create the IAA which outlines the roles and responsibilities that each party agrees to. King County has negotiated and secured easements needed for the trail and managed the design of the trail, Construction is anticipated soon and will be done in accordance with County and City standards. Upon completion of the project, the County will transfer ownership of the trail improvements to the City. The County will also provide operations and maintenance of the trail when complete. Funding for the project comes from a Federal Highway Administration grant, a Recreation and Conservation Office grant, and the 2014-2019 King County Parks, Trails and Open Space Replacement Levy. DISCUSSION The IAA has been reviewed by the King County Council and is in process of being adopted via ordinance. The IAA must be signed by both the King County Council and the Tukwila City Council. The IAA is being brought forward for Tukwila City Council's consideration. FINANCIAL IMPACT No impact to the City of Tukwila general fund. RECOMMENDATION The Council Committee is being asked forward the Interagency Agreement to the November 5, 2018 Regular Council Meeting Consent agenda. ATTACHMENTS -Lake to Sound Trail Maps -DRAFT Interagency Agreement 83 84 KING COUNTY REGIONAL TRAILS LAKE TO SOUND ... Future Lake to Sound hall �/► Existing hall ..Y"o- Existing BIM Lane 44 Segment & Name Other Regional halls King County Perks end Easements Other Public Lends Incorporated Areas Major Roads iburIligBadward 85 co 0) Unincorporated King Coun Black Trait Mileage by City Renton • 1.0 Miles Trail Tukwila • 0.1 Miles Trail Legend Lake to Sound A Trail Alignment 7;City Boundary Property Line uJ W co 0 125 250 500 Feet KingCcunty DaaatiMaM at Natural €Yesnurce:s arad Parks P*rki and Rectaation Divialan . 6606.,rt. 0. 0,0.6. �tea. 4... �.� ✓ems oo-4.rs INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA. TO DESIGN, CONSTRUCT, OPERATE AND MAINTAIN LAKE TO SOUND TRAIL, SEGMENT A, WITHIN CITY BOUNDARIES This Interagency Agreement ("Agreement") is made and entered into by and between King County, a political subdivision of the State of Washington ("the County") and the City of Tukwila, a municipal corporation of the State of Washington ("the City"), regarding design, construction, ownership, operation and maintenance of the portion of Segment A of the Lake to Sound Trail ("Segment A") that is within the City or on property owned by the City. The County and the City are collectively referred to as "the Parties". RECITALS A, The County and the Cities of Tukwila and Renton are working cooperatively to construct what is known as Segment A of the Lake to Sound. Trail, a segment of trail that traverses Renton's Black River Riparian Forest ("BRRF") and connects to the Green River Trail in Tukwila. B. The Lake to Sound. Trail will become part of King County's Regional. Trail System ("RTS"), one of the nation's most extensive multi -use trail networks with more than I75 miles of trails for recreation and non -motorized mobility and commuting. C. Segment A will be a critical segment of the larger regional Lake to Sound Trail, extending from the southern end of Lake Washington to Puget Sound and will provide recreational and health benefits to residents of the cities and the County. D. The portion of Segment A within the City of Tukwila ("the Project") will be located substantially within the northern edge of Fort Dent Park. The trail also crosses one parcel of property within the City of Renton owned by the City of Tukwila. In addition, there are two railroad corridors operated by the Union Pacific Railroad ("UPRR") and. Burlington Northern Santa Fe Railway ("BNSF") located at the border of the Cities of Renton and Tukwila. The trail connection for Segment A passes underneath these two railroad corridors to connect the Cities of Renton and. Tukwila. E. A portion of Segment A is located in the City of Renton. This Agreement governs only those portions of Segment A located in the City of Tukwila or parcels owned by the City of Tukwila. King County is negotiating a trail easement with BNSF on behalf of the City of Tukwila for that portion of trail that is located on land owned by BNSF in the City of Tukwila.. Tukwila —King County Interagency Agreement 87 F. The County is negotiating a trail easement with. UPRR on behalf of the City of Renton. for that portion of trail that is located on land owned by UPRR in the City of Renton. G. Under RCW 36.89.050, the County is authorized to construct a park or recreational facility and transfer to a city the County's ownership interest in, and the operation and maintenance obligations for, that facility, provided such transfer is subject to the condition that the facility shall continue to be used for the same purposes or that other equivalent facilities within the County shall be conveyed to the County in exchange therefor. H. The County has received $1,286,053 in. Federal. Highway Administration grant funds and is also using County levy monies, pursuant to King County Ordinance 1.7941, for the design and construction of Segment A. 1. After construction, the County wishes to convey ownership of the Project Improvements, with the exception of those improvements located on the City of Renton property, and the City is ready, willing and able to own these improvements for use by the general public as a Regional Trail, for the benefit of both City and County residents. J. After completion of the Project Improvements and conveyance to the City, the County will continue to operate and maintain Segment A. K. The County is committed to implementing the King County Equity and Social Justice Strategic Plan 2016-2022 ("ESJ"), Providing funding for design and construction of the Lake to Sound Trail, Segment A, and continuing to operate and maintain it after completion, advances equity and is consistent with the goals, objectives and strategies of ESJ. L. The Parties intend by this Agreement to establish their respective rights, roles, and responsibilities related to the Project. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the Parties mutually agree as follows: AGREEMENT DEFINITIONS For purposes of this Agreement, the following definitions shall apply. 1.1 Contract means the public works contract entered into between the County and its Contractor for construction of Segment A. 1.2 Contractor means the individual, partnership, firm, corporation, or other entity with whom the County has entered into the Contract for construction of Segment A. Tukwila —King County interagency Agreement 88 1.3 Final Acceptance means the date on which the County issues to the Contractor a written notice accepting the work under the Contract as complete. 1.4 One Hundred Percent (100%) Review Submittal means the One Hundred Percent Review Submittal drawings and specifications for Segment A prepared on behalf of the County by Parametrix, Inc., dated December 2016. 1.5 Notice to Proceed means the written notice from the County to the Contractor authorizing and directing the Contractor to proceed with the construction of Segment A. 1.6 Permit(s) means any or all federal, state, and local government permits, licenses or other regulatory approvals needed for Segment A; and a construction permit from BNSF to construct a portion of Segment A on property owned by the BNSF along the Black River. The term "Permits" does not include a lease from BNSF. 1.7 Project means the portion of Segment A within the boundaries of the City, including the portion of Segment A located on the City's Real Property, the BNSF Easement Area and the restoration area adjacent to the trail on property owned by the City. The Project also includes one parcel owned by the City of Tukwila that is located within the City ofRenton. 1.8 Project Improvements means all physical aspects of the Project including, but not limited to the following and their components: curbing, catch basins, drains, inlets, piping, conduits, trenches, asphalt, concrete, signage, striping, electrical components, signals, control boxes, fencing, lighting, base materials, bollards, artwork, markers, driveways, covers, frames, railing, retaining walls, bridges, abutments, rebar, wire fabric, landscaping and vegetation planted on site for mitigation or restoration purposes, 1.9 City's Real Property means the Real Property encompassed within parcel numbers 2323049001, 7229500360 and 1323049080 owned by the City as legally described in Exhibit A. 1.10 Regional Trail means a regionally significant, shared -use trail accessible to the general public on which bicycling, walking, hiking, running, skating, and other non -motorized uses are allowed, which provides recreational opportunities and enhances regional mobility. 1.11 Segment A means the design, public involvement, environmental review, permitting, construction, ownership, operation and maintenance of a Regional Trail extending east from the Green River Trail Bridge #2405-2 in Fort Dent Park through the BRRF to Naches Avenue SW in the City of Renton. It also includes the acquisition (facilitated by King County) and maintenance by the City of Tukwila of a permanent trail easement from BNSF for property owned by BNSF that is required for the trail Tukwila —King County Interagency Agreement 89 connection into Renton. The boundaries of Segment A are shown in the One Hundred. Percent (100%) Review Submittal. 1.12 Substantial Completion means the stage in the progress of the work under the Contract where the County has full and unrestricted use and benefit of the facilities for the purpose intended, both from the operational and safety standpoint, all the initial plantings are completed, all the systems and parts of the Contract work are functional, utilities are connected and operate normally, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains to complete all Contract requirements. 22, DESIGN & PERMITTING 2.1 Design. The County has provided the City with the One Hundred Percent (100%) Review Submittal Design Drawings, which the City has reviewed and hereby accepts as noted with plan review comments, and which are incorporated herein by reference. The County will be solely responsible for finalizing the design documents for Segment A, obtaining the necessary input and approval from Washington State Department of Transportation, and constructing the trail according to the approved design, including changes in scope as described in Paragraph 5.7. 2.2 Plans and Specifications. The County shall provide the City with a copy of the plans and specifications to be advertised for bid and an electronic file of the Contract documents. 2.3 Permitting and Environmental Review. The City of Renton shall be the lead agency for Segment A under the State Environmental Policy Act ("SEPA"). The County shall apply, or require its. Contractor to apply, for all Permits. To the extent the City's signature on applications or other involvement, as the owner of the Real Property on which the Project is being constructed, is required, the City agrees to cooperate with the County and/or its Contractor and take all necessary actions to obtain the Permits. The County shall be responsible for the monitoring, reporting, and any required corrective actions for wetland mitigation associated with, the Project for the length of time required by any Permit. The County or the Contractor shall submit a Notice of Termination for the Construction Stormwater General National Pollutant Discharge Elimination System. ("NPDES") Permit to the Washington State Department of Ecology prior to Final Acceptance. 2.4 City Permits, If required by the City, the County shall submit pedestrian and vehicle Temporary Traffic Control Plans ("TTC Plans") to the City for review and approval prior to invasive occupancy of City Real Property. City approval shall not be unreasonably withheld. The County shall immediately correct any deficiencies noted by the City in the TTC Plans or their field implementation. The City has made a determination that the Project requires the following permits: Shoreline Substantial Development, Shoreline Conditional Use, Shoreline Variance, and. Construction Permits and these Permits have been issued to the County, subject to execution of this Agreement. Tukwila King County Interagency Agreement 90 2.5 Underpass Agreement. The County shall take all actions necessary to obtain an agreement with BNSF granting the County and City temporary access for construction and permanent access for operation and maintenance of the Project. BNSF Structures Department has approved use of its property for the Project and the construction and maintenance terms have not yet been finalized. The County agrees that after completion of the Project, the County shall transfer all rights acquired from BNSF to the City as part of the transfer of Project Improvements covered in Section 6.2 (e). ACCESS & ENCROACHMENTS 3.1 The City hereby grants to the County and its employees, agents, representatives, invitees, consultants, contractors and subcontractors performing work on behalf of the County the following access rights to the City's Real Property. (a) The non-exclusive right and license to enter onto City's Real Property to analyze,assess, investigate, inspect, measure, survey, study and gather information for purposes of design, permitting and construction of the Project, including but not limited to completing borings and other subsurface investigations. This right and license shall begin upon the effective date of this Agreement and continue until Final Acceptance. (b) The exclusive right and license to enter onto, and take actions on the City's Real Property necessary for construction of the Project and completion of the Contract. This right and license shall begin upon the County's issuance of the Notice to Proceed and continue until Final Acceptance. This right and license shall not be exclusive of the City's right to enter the City's Real Property for the purposes of inspections or other actions necessary to implement this Agreement, or for any other purpose, provided that the City's entry onto the property shall not impair, impede or delay construction of the Project. (c) The non-exclusive right and license to enter onto real property encompassed within parcel numbers 2323049001, 7229500360 and 1323049080, owned by the City, and take actions necessary to fulfill the County's maintenance and operations obligations under Paragraph 6.1 and as further described in Exhibit C. This right of entry shall begin upon Final Acceptance and continue in, perpetuity unless amended by agreement of the Parties, (d) The access rights set out in Paragraphs 3.1(a-d) are irrevocable during their respective terms and are not subject to modification by the City through Permits or otherwise without the express written agreement of the County. 3.2 The County and the City are not aware of any encroachments, improvements or other structures ("Encroachments") on the City's Real. Property. If, however, Encroachments are identified within the boundaries of construction of the Project and the Encroachments will interfere with construction of the Project, the City Tukwila ---King County Interagency Agreement 91 shall take all actions necessary to remove all Encroachments prior to the date the County issues the Notice to Proceed. Any Encroachments that the City does not intend to be disposed of (for example, Encroachments that will be salvaged or impounded) must be removed by the City. The County shall notify the City 60 days prior to advertising the Contract for bid, If the City wishes the County's Contractor during construction to remove certain. Encroachments that are to be disposed of, on behalf of the City, the City shall provide the County with written notice specifically describing any such Encroachments no later than 30 days prior to the date the County advertises the Contract for bid. 3.3 The City hereby represents and warrants to the County that it holds fee simple title to the City's Real Property; or that it possesses sufficient property interests to provide the legal authority to remove Encroachments on the City's Real Property; and that there are no easements, covenants, restrictions, encumbrances or defects on or to the title of the City's Real Property that will in any way affect or impair the County's or the City's ability to perform their respective obligations under this Agreement. 3.4 If the County's Contractor removes Encroachments in accordance with the City's direction under Paragraph 3.2, the City shall protect, defend, indemnify and save harmless the County, its officers, officials, employees, agents, Contractor and subcontractors, while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or awards of damages arising from removal of said Encroachments except when caused by the negligence of the County, its officers, officials, employees, agents, Contractor and subcontractors, 4. EASEMENTS 4.1 Temporary Construction Easement. The City has granted a Temporary Construction Easement ("TCE") to the County allowing construction of the Project on the City's Real Property. The City waived its right to appraisal and donated this easement. The TCE is attached as Exhibit C. 4.2 BNSF Permanent Trail Easement. The County shall continue to use its reasonable best efforts to obtain a permanent trail easement from BNSF that allows the County and its Contractor and other agents to design and construct Segment A as a Regional Trail on BNSF Real Property in accordance with this Agreement, and that allows the County to operate and maintain the Project in accordance with the obligations and requirements of this Agreement, and that is in all other respects consistent with the terms of this Agreement. CONSTRUCTION Tukwila- King County Interagency Agreement 92 5.1 The County sha Contract procurement, and sha be responsible for construction of the Project, including provide the necessary engineering, administrative, inspection, clerical and other services necessary for the construction of the Project. 5.2 The County shall advertise the. Contract in the official legal publication for the County and if necessary other publications, consistent with applicable laws and regulations. 5.3 The County shall open the bids and shall notify the City of the time and date of the bid opening, which is typically three weeks after the bid is advertised. The City may attend the opening of the bids. 5.4 The County shall award the Contract to the lowest, responsive, responsible bidder for Segment. A, subject to applicable laws and regulations. 5.5 The County shall require that the City be included as an additional insured on all of the Contractor's insurance policies and that the City be included as a party indemnified by the Contractor in the Contract's indemnification provisions and receives the same indemnification protection as the County. Policy coverage limits shall match or exceed those specified in the edition current at the time of bid of the WSDOT/American Public Works Association ("APWA") Standard Specifications for Road, Bridge and Municipal Construction, 5.6 The City may furnish an inspector, at the City's sole expense, to monitor compliance with the Contract plans and specifications during the construction of the Project. The City's inspector shall advise the County in writing of any deficiencies noted. Deficiencies shall be limited to items that the inspector believes are out of compliance with the Contract plans and specifications and the City's inspector shall cite the plan sheet number or specification that she or he considers to be at issue in the deficiency. The City's inspector shall also provide a written description of the remedy the inspector believes is necessary for each deficiency cited. If the City inspector determines that there is an unsafe traffic control condition at any intersection or if there is an immediate threat to public safety posed by the Contractor's actions, the City inspector has the authority to take immediate action, including directing the Contractor to take certain actions, in order to address the safety concern. With regard to all other matters identified by the City inspector, the City inspector shall not have authority to direct the work of the Contractor and shall not instruct the Contractor directly on any matters, 5.7 The County will hold weekly construction meetings with its Contractor. The City, at its option, may have its inspector or other representative attend the meetings. The City may provide the County with its preferences concerning any significant proposed changes in the scope of the work to be performed under the Contract at the weekly meetings, but as between the Parties, any changes in scope are subject only to the County's approval. Tukwila King County Interagency Agreement 93 5.8 The County shall update the City on its progress in constructing the Project in its weekly construction meetings, 5.9 After the Contractor notifies the County in writing that Segment A is substantially complete, the Parties shall perform a mutual inspection of the Project. The City may provide a written deficiency list to the County within five (5) working days after this inspection. The list shall contain only construction deficiencies that the City believes are out of compliance with the Contract plans and specifications. The City shall. cite the plan sheet number and/or specification that it considers to be at issue in the deficiency and provide a written description of the remedy the City believes is necessary for each deficiency cited. 5.10 The County shall, in its sole discretion, determine whether Substantial Completion has occurred under the Contract. After the County provides the Contractor with notice that Substantial. Completion has occurred and the Contractor indicates to the County that all physical work required by the Contract is complete, the Parties shall perform a mutual final inspection of the Project. The City may provide a written deficiency list to the County within five (5) working days after the final inspection. The list shall contain only construction deficiencies that the City believes are out of compliance with the Contract plans and specifications. The City shall cite the plan sheet or specification that it considers to be at issue in the deficiency and provide a written description of the remedy the City believes is necessary for each deficiency cited. Final Acceptance of the Project shall be by the County, in its sole discretion. 5.11 The County represents to the City that it will require its Contractor in. performing work under the Contract to comply with all applicable rules, regulations, statutes and ordinances. 5.12 The County will administer and enforce all warranties in the Contract up until assignment of the warranties to the City pursuant to Paragraph 6.2(e), 6. PROJECT CLOSEOUT AND OWNERSHIP 6.1 Within sixty (60) days of the date of Final Acceptance, the Parties shall perform the following obligations: (a) The Parties shall execute and the City shall record the Restrictive Covenant in substantially the form set forth in Exhibit D, which covenant shall run with the land for the benefit of the County and its citizens and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce the Restrictive Covenant both as a matter of contract and as a real property interest. The Parties further agree that Segment A is a critical segment of the larger regional Lake to Sound Trail, that there are no equivalent facilities within the County that would serve the same purpose, and that recording of the Restrictive Covenant is essential to fulfilling the obligations of RCW 36.89.050.. Tukwila —King County Interagency Agreement. 94 (b) The Parties shall jointly undertake all actions necessary to transfer to the City all Permits for the Project that have not expired or terminated, and for which the City is not already the named permittee, except for the wetland mitigation obligations. 6.2 Within sixty (60) days of completion of the obligations in Paragraph 6.1, or such additional time as may be required to close out the Contract, the County shall perform the following obligations: (a) Deliver to the City project record drawings for Segment A; (b) Collect and provide to the City a copy of any applicable warranties and other information and materials in the County's possession that relate to the use, operation and maintenance of the Project. Improvements; (c) Provide to the City unconditional lien releases that the Contractor has collected from all of its consultants, subcontractors and vendors; (d) Collect and provide copies of certificates obtained from the Department of Revenue, the Employment Security Department, and the Department of Labor and Industries that all taxes, increases, and penalties due from the Contractor, and all taxes due and to become due with respect to such Contract, have been paid in full or that they are, in each department's opinion, readily collectible; (e) Execute and record a quit claim bill of sale conveying to the City all of the County's rights, title and interest to the Project Improvements located on or within the City's Real Property, and BNSF's Property as is, where is ("Bill of Sale"), which is in substantially the form set forth in Exhibit E. (f) Execute an assignment of the Contract warranties and an assignment of the warranties in the Agreement for Professional Services for Lake to Sound Trail Design, Contract No. E00l 78E 10, between. King County and Parametrix in favor of the City, with respect to the Project, with the exception of those Contract warranties that apply to the portions of Segment A located on the County's Real Property, except as provided in Paragraph 10.2; (g) Assign to the City the County's right to assert any claim it may have against the Contractor or against Parametrix under Contract No. E001.78E10 arising out of or related to Project work, with the exception of those portions of Segment A located on the County's Real Property, and except as provided in Paragraph 10.2; and 6.3 Unless otherwise mutually agreed to by the Parties in writing, the Project shall not be accessible and open to the public until the obligations in Paragraphs 6.1 and 6.2 have been fulfilled. 6.4 The City, as required by RCW 36.89.050, agrees that Segment A shall continue to be used in perpetuity for a Regional Trail and shall not be converted to a different use. Tukwila —King County Interagency Agreement 95 6.5 The City agrees that allowing Segment A, including the City's Real Property, to be used for a Regional Trail shall include any and all actions by the City necessary to allow and control use of the trail in accordance with County provisions for use of trails in King County Code Title 7, as now or hereafter amended. 6.6 The City agrees that Segment A, including the City's Real Property and Right of Way Property, or any portion thereof, shall not be transferred or conveyed except by agreement providing that such lands shall continue to be used for a Regional Trail. 6.7 The City agrees that it will not limit or restrict access to and use of Segment A, including the City's Real Property and Right of Way Property by non -City residents in any way that does not also apply to City residents. 6.8 The City agrees that any and all user fees charged for use of Segment A, including charges imposed by any lessees, concessionaires, service providers, and/or other assignees shall be at the same rate for non -City residents as for the residents of the City. 6.9 The City agrees that it shall place the covenants in Paragraphs 6,4 through 6.8 in any deed transferring any portion of Segment A, including the City's Real Property. 7. Operations, Maintenance and Long Term Obligations 7.1 After Substantial Completion of the Project, the County shall maintain the Project Improvements and operate that portion of Segment A within the boundaries of the City. For purposes of this section, maintain and operate includes the maintenance and operation activities identified and described in Exhibit B. The City is solely responsible for all maintenance and operations activities not identified and described, or specifically excluded in Exhibit B and all maintenance and operations activities that are not associated with the trail improvements. 7.2 The County maintenance and operations activities shall be limited to the area shown in Exhibit B and generally described as a thirty foot corridor, fifteen feet to either side on the trail center line. 8. PROJECT FUNDING 8.1 The County shall provide funding for design, construction, operations and. maintenance of the Project. 8.2 The City shall provide funding for all of the City's obligations or activities under or related to this Agreement from the time of execution of this Agreement forward, including but not limited to construction inspection pursuant to Paragraph 5,6, other Tukwila —King County Interagency Agreement. 96 administration or implementation expenses, and on all maintenance and operatic) activities except those identified in Exhibit B. 9. CONDITIONS PRECEDENT TO PROJECT DEVELOPMENT 9,1 The County's obligations related to finalizing design, permitting and construction of the Project under Sections 2 through 6 of this Agreement, and providing funding for same, are expressly subject to and contingent upon all of the following conditions precedent being satisfied to the County's satisfaction in its sole discretion (the "Project Conditions"): (a) An Interagency Agreement being approved by the legislative authority of the City of Renton and executed by the City of Renton and the County for the design, construction, operation and maintenance of the portion of Segment A that is within the City of Renton. (b) The County, on behalf of the City of Renton, obtaining an executed permanent trail easement from UPRR on terms acceptable to the County, (c) The County, on behalf of the City of Tukwila, obtaining an ed permanent trail easement from. BNSF on terms acceptable to the County. (d) for Segment A. The County and/or its Contractor obtaining all Permits necessary 9.2 If the County, in its sole discretion, determines that the Project Conditions have not been satisfied, the County shall notify the City in writing, and neither Party shall have any further rights or obligations under this Agreement and this Agreement shall terminate. 10. LIA.BILITY 10.1 Each Party shall protect, defend, indemnify and save harmless the other Party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or damages of whatsoever kind ("Claims") arising out of, or in connection with, or incident to the breach of any warranty under this Agreement or the exercise of any right or obligation under this Agreement by the indemnifying Party, including any negligent acts or omissions, except to the extent such Claims arise out of or result from the other Party's own negligent acts or omissions. Each. Party agrees that it is fully responsible for the acts and omissions of its own contractors and franchisees, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this paragraph extend to any Claim brought by or on behalf of the other Party or any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Tukwila —King County Interagency Agreement 97 Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of Claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Nothing in this Paragraph 10,1 modifies or limits in any way the City's obligations in Paragraph 3.4. 10.2 The County's obligations in Paragraph 9,1 terminate upon the date the County fulfills all its obligations in Paragraph 6.2 ("Closeout Date"), with the exception of Claims filed with the clerk of the County Council under King County Code ("K.C.C.") 2.21.070 or served on the clerk of the County Council under K.C.C. 2.04.010 prior to the Closeout Date or contract claims reserved under the terms of the applicable construction or design contract by the Contractor or by the County's design contractor, Parametrix, at the time of Final Acceptance of the applicable contract ("Reserved Claims"). If the County determines that Reserved Claims will exist at the Closeout Date, the County may, in its sole discretion, choose not to assign its contract warranties and/or its claims against the County's contractors under Paragraphs 6.2(f) and 6.2(g). 10.3 As of the Closeout Date, except for Reserved Claims, the City shall. release, protect, defend, indemnify and save harmless the County, its officers, officials, and employees while acting within the scope of their employment as such, from any and. all suits, costs, claims, actions, losses, penalties, judgments, and/or damages, of whatsoever kind ("Claims") arising out of, or in connection with, or incident to either Party's breach of any warranty under this Agreement or exercise of any right or obligation under this Agreement, and any and all Claims relating to or arising out of, in whole or in part and directly or indirectly, the Project. The City agrees that its obligations under this provision extend to any Claims brought by or on behalf of the County or any of its employees, or agents. The City expressly agrees that its duty to release, protect, defend, indemnify and save harmless the County, its officers, officials, and employees under this paragraph includes negligent acts or omissions which are concurrent, contributory, or both by the County. To the extent this Agreement is construed to be subject to RCW 4.24.11.5, the City's duties under this paragraph will extend only to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the City's immunity under Washington's Industrial. Insurance act, RCW Title 51, as respects the County only, and only to the extent necessary to provide the County with a full and complete indemnity of claims made by the indernnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 11. INSURANCE 11.1 Each Party shall maintain, for the duration of each Party's liability exposures under this Agreement, self-insurance against claims for injuries to persons or Tukwila —King County Interagency Agreement 98 damage to property, which may arise from or in connection with performance of the work hereunder by each Party, their agents, representatives, employees, contractors or subcontractors. 11.2 King County, a charter county government under the constitution of the State of Washington, maintains a fully funded Self -Insurance program as contemplated in King County Code chapter 2.21 for the protection and handling of the County's liabilities including injuries to persons and damage to property. The City acknowledges, agrees and understands that the County is self -funded for all of its liability exposures and that the County's self-insurance program meets the requirements of paragraph 11. L The County agrees, at its own expense, to maintain, through its self -funded program, coverage for all of its liability exposures for this Agreement. The County agrees to provide the City with at least 30 days prior written notice of any material change in the County's self- funded program and will provide the City with a certificate of self-insurance as adequate proof of coverage. The City further acknowledges, agrees and understands that the County does not purchase Commercial General Liability insurance and is a self -insured governmental entity; therefore the County does not have the ability to add the City as an additional insured. 11.3 It is agreed that the City's participation in a governmental self -insured risk pool with Washington Cities Insurance Authority ("WCIA") will meet the requirements of Paragraph 11.1. The City agrees, at its own expense, to maintain, through WCIA, coverage for all of its liability exposures for this Agreement. The City agrees to provide the County with at least 30 days prior written notice of any material change in the City's WCIA coverage and will provide the County with an evidence of coverage letter as adequate proof of coverage. The County further acknowledges, agrees and understands that the City does not purchase Commercial. General Liability insurance and is with a self -insured pool; therefore the City does not have the ability to add the County as an additional insured. The City participates in the State's worker's compensation program. 12. EFFECTIVE DATE/DURATION 12.1 This Agreement shall be effective upon signature by both Parties. 12.2 Unless expressly stated otherwise in this Agreement, the terms, covenants, representations and warranties contained herein shall continue in force unless both Parties mutually consent in writing to termination of this Agreement. 13. AUDITS AND INSPECTIONS 13.1 Until six (6) years after the effective date of this Agreement, unless the Agreement is terminated under Paragraph 9,2, any of either Party's records related to any matters covered by this Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either Party at the requesting Party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. Tukwila —King County Interagency Agreement 99 14. NOTICE 14.1 Any notice provided for herein shall b ent to the respec ve Parties at: King County: Director's Office King County Department of Natural. Resources and Parks Rm 700, King Street Center 201 S. Jackson Street Seattle, WA98104 With a copy to: King County Prosecuting Attorney's Office Attn: Chief Civil Deputy 516 Third Avenue W400 Seattle, WA98104 City of Tukwila Rick Still, Director Tukwila Parks & Recreation 12424 42" Ave S. Tukwila, WA 98168 15. MISCELLANEOUS PROVISIONS 15.1 Waiver. Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted exceptby an instrument, in writing, signed by the Parties hereto. 15.2 Force Majeure. If either Party cannot perform any of its obligations due to events beyond its reasonable control, the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond a Party's reasonable control include, but are not limited to, acts of God, war, civil commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or materials, government regulations or restrictions, lawsuits filed challenging one or more Permits or other agreements necessary for implementation of the Project, and weather conditions. 15.3 Joint DrafingEffort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one Party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution hereof. Tukwila King County Interagency Agreement 100 15.4 Third Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the City and the County, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and the County and not for the benefit of any other Party. 15.5 Exhibits. All Exhibits referenced in this Agreement are incorporated by reference as if fully set forth. 15.6 Entire Agreement. This Agreement ca i tains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 15.7 Amendment. This Agreement may be amended only by an instrument writing, duly executed by both. Parties. 15.8 Relationship of the Parties. The Parties execute and implement this Agreement as separate entities. No partnership, joint venture or joint undertaking shall be construed from this Agreement. 15.9 Governing Law, This Agreement shall be governed and construed in accordance with the laws of the State of Washington. 15.10 Survivability. The provisions of Paragraph 3.4 and Section 10 shall survive termination of this Agreement. 15.11 Authority, Each Party executing this Agreement represents that the Party has the authority to execute the Agreement and to comply with all terms of this Agreement. Exhibits Exhibit A: Lake to Sound. Trail City of Tukwila — West Parcel Exhibit B: Lake to Sound Trail Segment A - Operations and Maintenance Agreement Exhibit C: Temporary Construction Easement and Amendment to Temporary Construction Easement Exhibit D: Form of Restrictive Covenant — Lake to Sound Trail Segment A Restrictive Covenant Exhibit E: Form of Bill of Sale e Quit Claim Bill of Sale Tukwila King County Interagency Agreement 101 IN WITNESS WHEREOF, the Parties Dave entered into this Agreement effective as of the date last written be➢ow. KING COUNTY CITY OF TUKWIEA for Dow Constantine King County Executive Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: Deputy Prosecuting; Attorney City Attorney Date Date Tukwila —King County Interagency Agreement 102 EXHIBIT A LAKE TO SOUND TRAIL CITY OF TUKWILA - WEST PARCEL AN AREA OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 14 AND NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY, WASHINGTON AND BEING FURTHER DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14 (NORTHEAST CORNER SECTION 23); THENCE NORTH 88°48'43" WEST ALONG THE SOUTH LINE OF SAID SECTION 14 (NORTH LINE SAID SECTION 23) A DISTANCE OF 291.75 FEET TO A POINT ON THE WESTERLY LINE OF THE BURLINGTON NORTHERN SANTE FE RAILROAD AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA OF LAND; THENCE NORTH 88°48'43" WEST ALONG SAID SOUTH LINE AND SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 4.89 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 33°56'38" EAST A DISTANCE OF 36.72 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE SOUTH 46°53'33" WEST A DISTANCE OF 139,49 FEET; THENCE SOUTH 56°58'02" WEST A DISTANCE OF 347.34 FEET; THENCE SOUTH 67°32'07' WEST A DISTANCE OF 319.68 FEET; THENCE NORTH 35°10'06" EAST A DISTANCE OF 308.58 FEET; THENCE NORTH 60°13'31" EAST A DISTANCE OF 284.13; THENCE. NORTH 82°44'06" EAST A DISTANCE OF 123,32 FEET; THENCE NORTH 53°49'47" EAST A DISTANCE OF 120.52 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 33°56'38" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 51,70 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2.21 ACRES, MORE OR LESS 17 103 L4 UNE TABLE 14,53'46'47'E 13 3632 12052 53556'38' E 51.70 AN 2323049001 FORT DENT PARK EXHIBIT A LAKE TO SOUND TRAIL CITY OF TUKWILA-WEST PARCEL TOTAL AREA v 2.21 ACRES SECTION 14 & 23 T. 23 N., R. 4 E., WM. 18 104 EXHIBIT A LAKE TO SOUND TRAIL CITY OF TUKWILA - EAST PARCEL AN AREA OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY, WASHINGTON AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE NORTH 39°52'52" EAST A DISTANCE OF 199.59 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREE A OF LAND; THENCE ALONG A 523,68 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS SOUTH 64°21'39'° EAST THROUGH A CENTRAL ANGLE OF 16°48'19" FOR AN ARC LENGTH OF 153.60 FEET TO A POINT ON THE SOUTHERLY LINE OF THE MONSTER ROAD SW RIGHT OF WAY; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE ON A 238.99 FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 53°42'43" EAST THROUGH A CENTRAL ANGLE OF 36°24'20" FOR AN ARC LENGTH OF 151,85 FEET; THENCE SOUTH 74°10°49" WEST A DISTANCE OF 47,77 FEET; THENCE SOUTH 83°38'32" WEST A DISTANCE OF 60.86 FEET; THENCE ALONG A 668.29 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 15°49'11" WEST THROUGH A CENTRAL ANGLE OF 8°49°23' FOR AN ARC LENGTH OF 102.91 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 11,088 SQUARE FEET (0.25 ACRES), MORE OR LESS 105 MN 2323049210 Parxrnetrix BO' TOTAL AREA = 11,088 SQUARE FEET SECTION 13 T, 23 N„ R. 4 E. W,M. EXHIBIT A LAKE TO SOUND TRAIL CITY OF TUKWILA - EAST PARCEL 20 106 EXHIBIT B LAKE TO SOUND TRAIL SEGMENT A Operations and Maintenance Agreement This Operations and Maintenance Agreement ("Agreement") is effective as of the day of , 20 , and is made and executed by and between the City of Tukwila, a municipal corporation of the State of Washington ("City") and. King County, a political subdivision of the State of Washington ("County"). RECITALS A. On, the City and the County entered into an Interagency Agreement ("IA") in which the County agreed to fund and construct a 1,1-mile segment of what will ultimately be the sixteen -mile Lake to Sound Trail. Part of the 1.1-mile segment is on property owned by the City and is referred to as Segment A of the Lake to Sound Trail. Segment. A extends from. Naches Avenue SW, within the Renton's Black River Riparian Forest to the Green River Trail in Tulcwila's Fort Dent Park. The portion of Segment A within the boundaries of the City and subject to the IA is known as "the Project." This Agreement is a part of that IA. B. The City holds fee simple title to the following properties: Assessor's Tax. Parcel. Nos.: 2323049001, 7229500360 and 1323049080 ("the Property"). The County will maintain the Project improvements and operate that portion of Segment A within the boundaries of the City. The area to be operated and maintained is depicted in Exhibit A to this Agreement and is generally defined as the area fifteen (15) feet to the left and right of Segment A centerline or a 30 foot wide corridor. C. The City agrees to grant the County access to the Property for the purpose of conducting Operations and Maintenance of Segment A. D. This Agreement sets forth the duties and responsibilities of he Parties related to Operations and Maintenance on the Property. NOW, THEREFORE, and in consideration of the terms, conditions, and performances contained herein, the Parties mutually agree as follows: Tukwila -King County IA Operations and Maintenance Agreement Page 1 of 7 21 107 AGREEMENT The COUNTY shall conduct the following Maintenance Activities on the Property.. A. Trail Maintenance - trimming, edging, mowing, sweeping, blowing and removal of debris. Removal of litter on or adjacent to trail as well as periodic pavement cleaning. Removal of litter from receptacles along the trail, brushing, invasive plant/weed removal, repairs to surface or subgrade, asphalt repairs, maintenance and/or repair of retaining walls, grading of gravel surfaces, periodic inspection. B. Vandalism Repair and Graffiti Removal — repair trail infrastructure and remove graffiti from bollards, litter receptacles, benches, fences, trail surface, interpretive signs and other trail amenities within the Project limits. C. Trail accessory maintenance ® replacement and/or repair of bollards, gates, litter receptacles, signage and other trail amenities as needed. D. Drainage structure maintenance — maintain surface facilities constructed by the Project. Clean, maintain, repair and replace catch basins, culverts and other permanent drainage facilities installed as part of the trail project, E. Erosion and slope stabilization ® as needed, maintenance and repair to any erosion control measures that are related to the Project including seeding, erosion control blankets and other surface best management practices. F. Landscaping — routine care of plant beds, plantings, ornamental trees and shrubs, and prepared turf areas including screening planting and buffer vegetation— maintenance of buffer vegetation conservation plantings (BVC l) as well as plantings installed by the County as part of the project, removal of problem trees or vegetation that are within ten feet of the trail's edge in accordance with the City's landscape and tree codes. G. Public Relations - contact with the public to provide information and assistance. H. The removal of unauthorized campsites including notification and removal of unauthorized transient campsites, located within the Property is specifically excluded from the operations and maintenance responsibilities of the County. 2. Failure to Maintain, If the County refuses or neglects to repair, replace, or maintain the Property, or any part thereof, the City shall provide the County reasonable written Tukwila —King County IA. Operations and Maintenance Agreement Page 2 of 7 22 108 notice of the need for additional repair, replacement, or maintenance actions and shall provide the County ten days to respond to this notice. If the County fails to respond to the City's notice and fails to conduct the needed repair, replacement or maintenance actions, the City may make such repairs or perform such maintenance on behalf of and for the account of the County. If the City makes or causes any such repairs to be made or performed, as provided for herein, the County shall pay the cost thereof (including, but not limited to, the cost of labor, material and equipment) to the City promptly upon receipt of an invoice therefor. However, if the Parties do not agree about what repair, replacement, or maintenance actions are necessary and warranted, the Parties shall attempt to resolve the dispute. If the Parties are unable to resolve the dispute, the Parties shall engage in some mutually acceptable form of Alternative Dispute Resolution (ADR), such as mediation or arbitration, The Parties agree that a good -faith attempt to resolve any dispute through ADR shall be a condition precedent for either Party to initiate any civil action or other litigation regarding this Agreement. 3. The CITY shall conduct the following maintenance activities on the Property: A. Routine patrols to locate, notify, and remove illegal encampments. 4. Access A. In accordance with Section 3.1(d) of the IA, the City hereby grants to the County and its employees, agents, representatives, invitees, consultants, contractor and subcontractors performing work on behalf of the County the non-exclusive right and license to enter onto the Property for the purpose of conducting the activities identified in. Section I. This right and license shall begin upon the effective date of this Agreement and in perpetuity. B. In the performance of the operations and maintenance activities listed in Section 1 above, the County is not required to provide notice or request permission from the City for access unless these activities require Trail Closure, as described in. Section 6. C. Each Party shall coordinate and share with the other Party any locking devices on bollards, gates, and other features, such that each Party has access to perform its responsibilities pursuant to this Agreement. D. The rights which the City grants to the County under this Agreement are in the nature of personal licenses for access and for the other purposes described herein. Nothing in this Agreement is intended to convey any right, title, or interest in the real property which is the subject of this Agreement, and nothing in this Agreement shall be construed to convey any such interest. Tukwila —King County IA Operations and. Maintenance Agreement Page 3 of 7 23 109 E. Vehicular and heavy equipment shall he limited to a point of access at the north end of Fort Dent Park where the trail departs from the Green River Trail. Contact Information A. All correspondence related to this Agreement, shall be through the designated contacts. All communication regarding this Agreement shall reference the agreement name "Lake to Sound Trail Segment A - Operations and Maintenance Agreement" and execution date. The CITY and COUNTY formal point of contacts are as follows: KING COUNTY: Don Haig Parks Operations Manager King County Parks 3005 NE 4th St. Renton, WA 98056 (206) 477-6140 don.harig@kingcounty.gov CITY OF TUKWILA: Kris Kelly Maintenance & Operations Superintendent Tukwila Parks & Recreation 13900 Interurban Ave. S (206) 433-7157 Kris.Kelly@TukwilaWA.gov TukwilaWA.gov B. From time to time, contact information may change. Any change or update to contact information made a part of Section 5.A shall be provided to the other Party by electronic mail notification. The Party in receipt of the change will confirm receipt of the change by electronic mail back to the initiating Party. 6. Trail Closure or Significant Work. A. Should the Trail need to be closed temporarily for routine maintenance lasting less than a sixty minute period, no notification to the other Party is necessary. Should a longer closure of the Trail be necessary by either Party, advance written notification of seven (7) calendar days shall be given to the other Party and a detour for public use will be implemented, if practicable. Closures requested by the County shall be subject to review and written or electronic concurrence by the City. Closures requested by the City shall be subject to County notification, Tukwila --King County IA Operations and Maintenance Agreement Page 4 of 7 24 110 B. The City reserves the right to close all or part of the Trail unilaterally should the Trail pose a threat to the traveling public, The County has the unilateral right to temporarily close all or part of the Trail to the public with subsequent. notification to the City if in the County's judgment trail conditions pose a potential hazard to the public. Amendments A. Modification of this Agreement may only be made by amendment or supplement as mutually agreed to in writing and signed by each Party. B. If this Agreement is terminated pursuant to Section 8, each party will operate and maintain the portions of the trail that are under their ownership as indicated in the Recitals, Section B and as shown in Exhibit A attached to this agreement. 8, Performance after January 1, 2021 A. Through December 31, 2020, the County's obligations under this Agreement shall not be affected by the outcome of any parks, trails or open space levies. B. If the King County voters approve a parks replacement levy in 2019, then the County's obligations shall continue after December 31, 2020. C. If the King County voters do not approve a parks replacement levy in 2019, the County shall in good faith attempt to identify alternative funding for its obligations under Section 1 of this Agreement. If the County has identified such alternative funding by July 31, 2020, the County's obligations shall continue after December 31, 2020. If the County has not identified such alternative funding by July 31, 2020, the County and City shall negotiate in good faith the performance and funding of the obligations set forth in Sections 1 and 3 of this Agreement for the period after December 31, 2020. If, prior to Parties reaching a negotiated outcome, the County ceases performing or funding any of its obligations under Section 1 of this Agreement, the City shall be released from its obligations, D. King County funding in support of this Agreement beyond the 2019-2020 biennium is conditioned upon appropriation by the County Council of sufficient funds to undertake the activities described in this Agreement. The sufficiency of any such appropriation shall be determined by the County in its sole discretion. Should such an appropriation not be approved, this Agreement shall terminate December 31, 2020, Tukwila --King County IA Operations and Maintenance Agreement Page 5 of 7 25 111 WITNESS WHEREOF, the City and the County have executed this Agreement on the date set forth above. CITY OF TUKWILA, a Washington State municipal corporation By Name Its STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the CITY OF TUKWILA, a Washington State municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument, Dated: Notary Public Print Name My commission expires (Use this space for r wta Tukwila King County IA. Operations and Maintenance Agreement Page 6 of 7 26 112 KING COUNTY, a Political subdivision of the State of Washington By Name Its STATE OF WASHINGTON COUNTY OF KING ) ) ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute. the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument, Dated: Notary Public Print Name My commission expires (Use this space for notarial's6arrsp/seal) Tukwila King County IA. Operations and Maintenance Agreement Page 7 7 27 113 Para a. FORT DENT PARK MN 2323 49c"01 EXHIBIT A LEGEND OPERATIONS AND OPERATIONS & MAINTENANCE MAINTENANCE AGREEMENT AGREEMENT AREA 4 SEC. Sl 4 SEC.14 AND NE'C/4 SEC. 2 T. 23 N., R. 4 E 28 SHEET 1 OF 2 114 Parame SW114SEC,13,SE1/4 EC.14 IAN 2323049120 EXHIBIT A LEGEND OPERATIONS AND OPERATIONS & MAINTENANCE MAINTENANCE AGREEMENT AGREEMENT AREA D NE 114 SEC. 23, T. 23 N., R. 4 E., W.M. SHEET 2 OF 2 DPC;Z.5 Fite. 5,,M2 i+0,5444^TOPNI.494,,. 29 115 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT AND AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT 30 116 AFTER RECORDING RETURN TO: King County Parks Attn; Jason Rich 201 S. Jackson St., Suite 700 Seattle, WA 98104 016120500/0 GARNER STEPHA EA5 'WOO OF eels 12/05/2016 14:20 KING COUNTY, UA DOCUMENT TITLE: GRANTOR: GRANTEE: ABBREVIATED LEGAL DESCRIPTION: ASSESSOR'S TAX PARCEL NO. PROJECT: Temporary Construction Easement City of Tukwila King County SW'/,, Sec. 13, Twn, 23, Rng, 4 SE %, Sec. 14, Twn, 23, Rng, 4 NE 14, Sec. 23, Twn, 23, Rng. 4 132304-9080 722950-0360 232304-9001 s Lake to Sound Trail Segment A TE PO RY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT is granted this 02 " day of 201(.0 , by the City of Tukwila., a 'Washington municipal corporation, hereinafter referred to as "Grantor," to King County, a political subdivision of the State of Washington, hereinafter referred to as "Grantee." WHEREAS, the Grantor is the owner of a certain parcel of land located at 14299 Monster Rd. SW, Tukwila, in the County of King, State of Washington, ("Property"); and WHEREAS, the Grantee is considering construction of what is known as Segment A of the Lake to Sound Trail ("Project"), a 16 mile non -motorized, multi -use recreational trail spanning from the south end of Lake Washington in Renton to the shoreline of Puget Sound in Des Moines, WHEREAS, the Grantee has provided the Grantor with the design drawings for the Project, and the Grantor accepts and agrees to allow construction of the Project on the Property, in accordance with the conditions set forth in this agreement. WHEREAS, the Grantee has complied with all regulatory requirements that apply to the Project, and has obtained all necessary permits and regulatory approvals allowing construction of the Page 1 of 6 EXCISE TAX NOT llr:llF1 co. RoCkonces 0ivlskxi f a" 71`4''i" P 31 117 Project, including the following: City of Tukwila, Shoreline Substantial Development Permit PL16-0014 and City of Tukwila, Shoreline Variance PL16-0014. Grantee agrees that if the Project is constructed, it shall be constructed in accordance with these permits and approvals. WHEREAS, it has been found necessary, in the construction and improvement of the Lake to Sound Trail Segment A ("Project), to acquire certain surface rights and privileges on, across, and over a portion of said Property. WHEREAS, the Grantor hereby represents and warrants to the Grantee that it has sufficient property interests in the Property to grant this Temporary Construction Easement to Grantor, and the legal authority to remove encroachments, that there are no easement, covenants, restrictions, encumbrances or defects on or to the title of the Property that will in any way affect or impair the Grantor or Grantee's ability to perform their respective obligations under this Agreement. NOW THEREFORE, the Grantor and Grantee agree as follows Grant of Temporary Construction Easement: The Grantor, for and in consideration of the benefit to the Tukwila Community of the Lake to Sound Trail, to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, hereby grants to Grantee a temporary construction easement on, across, and over that portion of Grantor's Property, together with the right to enter upon and have access to said Easement Area for the purpose of the Project work, and to take such other actions upon the Easement Area as are necessary and/or convenient for the construction of Grantee's Project. Grantor understands that the donation of a portion of the property to King County for public use is made voluntarily and with full knowledge of entitlement to receive just compensation in the form of surface improvements, Additionally, Grantor understands that he/they have the right to request an appraisal of the property, and hereby give up that right. 2. Purpose: Grantee may utilize the Easement for the following purposes only: construction of Project. Grantee may elect to, but is not bound to construct the Project. If Grantee elects to construct the Project, it shall be done so in accordance with the project plans and conditions set forth in the following permits: City of Tukwila, Shoreline Substantial Development Permit PL16.0614 and City of Tukwila, Shoreline Variance PL16-0014. Access to Grantor's Property shall be maintained during the Project work. 3. Term: The rights, title, privileges and authorities hereby granted shall begin upon written Notice of Construction to the Grantor and shall continue in force for twenty-four (24) months from the date of the Notice of Construction, or January 30, 2020, whichever is later. It is understood and agreed that the delivery of this Easement is tendered and that the terms and obligations hereof shall not become binding upon Grantee unless and until accepted and approved in writing by the Grantee. Page 2 of 6 32 118 4. Access and Encroachments: The Grantor hereby grants to the Grantee and its employees, agents, representatives, invitees, consultants, contractors and subcontractors performing work on behalf of the Grantee the following access rights to the Grantor's real properties: (a) The non-exclusive right and license to enter onto real properties of the Grantor to analyze, assess, investigate, inspect, measure, survey, study and gather information for purposes of construction of the Project, including but not limited to completing borings and other subsurface investigations. This right and license shall begin upon the effective date of this Agreement and continue throughout the term of this Easement, (b) The exclusive right and license to enter onto, and take actions on, real properties of the Grantor necessary for construction of the Project and completion of the Contract. This right and license shall begin upon the Grantee's issuance of the Notice to Proceed and continue until completion of the Project. This right and license shall not be exclusive of the Grantor's right to enter the properties for the purposes of inspections or other actions necessary to implement this Agreement, or for any other purpose, provided that the Grantor's entry onto the property shall not impair, impede or delay construction of the Project. (c) The Grantor hereby represents and warrants to the Grantee that it has sufficient property interests and the legal authority to remove Encroachments; and that there are no easements, covenants, restrictions, encumbrances or defects on or to the title of the Property that will in any way affect or impair the Grantee's or the Grantor's ability to perform their respective obligations under this Agreement. (d) If the Grantee's Contractor removes Encroachments in accordance with the Grantor's direction, the Grantor shall protect, defend, indemnify and save harmless the Grantee, its officers, officials, employees, agents, Contractor and subcontractors, while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, andfor awards of damages arising from removal of said Encroachments except when caused by the negligence of the Grantee, its officers, officials,. employees, agents, Contractor and subcontractors . 5. Indemnification: Each Party shall protect, defend, indemnify and save harmless the other Party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or damages of whatsoever kind ("Claims") arising out of, or in connection with, or incident to the breach of any warranty under this Agreement or the exercise of any right or obligation under this Agreement by the indemnifying Party,. including any negligent acts or omissions, except to the extent such Claims arise out of or result from the other Party's own negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its own contractors, employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this paragraph extend to any claim brought by or on behalf of the other Party or Page 3 of 6 33 119 any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of Claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Nothing in this Paragraph modifies or limits in any way the Grantor's obligations in Paragraph 4. 6. Insurance: Each Party shall maintain, for the duration of each Party's liability exposures under this Agreement, self-insurance against claims for injuries to persons or damage to property, which may arise from or in connection with performance of the work hereunder by each Party, their agents, representatives, employees, contractors or subcontractors, King County, a charter County government under the constitution of the State of Washington, maintains a fully funded Self -Insurance program as defined in King County Code chapter 4.12 for the protection and handling of the Grantee's liabilities including injuries to persons and damage to property. The Grantor acknowledges, agrees and understands that the Grantee is self -funded for all of its liability exposures and that the Grantee's self-insurance program meets the requirements of this paragraph. The Grantee agrees, at its own expense, to maintain, through its self -funded program,. coverage for all of its liability exposures for this Agreement. The Grantee agrees to provide the Grantor with at least 30 days prior written notice of any material change in the Grantee's self -funded program and will provide the Grantor with a certificate of self- insurance as adequate proof of coverage. The Grantor further acknowledges, agrees and understands that the Grantee does not purchase Commercial General Liability insurance and is a self -insured governmental entity; therefore the Grantee does not have the ability to add the Grantor as an additional insured. It is agreed that the Grantor's participation in a governmental self -insured risk pool with Washington Cities Insurance Authority ("WCIA") will meet the requirements of this paragraph. The Grantor agrees, at its own expense, to maintain, through WCIA, coverage for all of its liability exposures for this Agreement. The Grantor agrees to provide the Grantee with at least 30 days prior written notice of any material change in the Grantor's WCiA coverage and will provide the Grantee with an evidence of coverage letter as adequate proof of coverage. The Grantee further acknowledges, agrees and understands that the Grantor does not purchase Commercial General Liability insurance and is with a self -insured pool; therefore the Grantor does not have the ability to add the Grantee as an additional insured. The Grantor participates in the State's worker's compensation program. 7. General Conditions: Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one Party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution hereof. Page 4 of 6 34 120 b. Third Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Grantor and the Grantee, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Grantor and the Grantee and not for the benefit of any other Party 0. Exhibits. Ali Exhibits referenced in this Agreement are incorporated by reference as if fully set forth. Entire Agreement. This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. e. Amendment This Agreement may be amended only by an instrument in writing, duly executed by both Parties. Relationship of the Parties, The Parties execute and implement this Agreement as separate entities. No partnership, joint venture or joint undertaking shall be construed from this Agreement. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. k, Sundvability. The provisions of Sections 4 and 6 shall survive termination of this Agreement. Each Party executing this Agreement represents that the Party has the authority to execute the Agreement and to comply with all terms of this Agreement. IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. GRANTOR: City of Tultwil By: Printed Name: rl I ry),,,,t r)r- Date: „Qv)/ Page 5 of 6 35 121 APPROVED AS TO FORM: By: Printed Name: Title: CC.;-t-12 Attorney GRANTEE: King County By: r Priinted Name: Title: A5s.,$ „'.l Date: I2 /'a I i ' APPROVED AS TO FORM:. `fytnte Name;.. rw Title "County Attorn ey Page 6 of 6 122 36 AFTER RECORDING RETURN TO: King County Parks Attn; Jason Rich 201 S. Jackson St., Suite 700 Seattle, WA 98104 DOCUMENT TITLE: GRANTOR: GRANTEE: ABBREVIATED LEGAL DESCRIPTION: INIFH1111illl 20170629001022 KING COUNTY, UP EXCISE TAX NOT REQUIRED King Co, Records Division Y. f/V/r , !0b,i? 3,Deputy ASSESSOR'S TAX PARCEL NO. PROJECT: City of Tukwila King County SW j/4, Sec. 13, Twn. 23, Rng. 4 SE'/4, Sec. 14, Twn. 23, Rng. 4 NE A, Sec, 23, Twn. 23, Rng. 4 132304-9080 722950-0360 232304-9001 Lake to Sound Trail Segment A. AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT This Amendment to Temporary Construction Easement replaces Sections 1 and 3 of that certain Temporary Construction Easement between the City of Tukwila, Grantor, and King County, Grantee, executed by the City of Tukwila on December 2, 2016 and King County on December 1,2016, recorded as number 20161205001056. The parties have agreed that Section 1 and 3 of the Temporary Construction Easement should be modified as hereinafter provided, now, therefore, THE CITY OF TUKWILA AND KING COUNTY agree as follows: Sections 1 and 3 of the Temporary Construction Easement are hereby amended to read as follows: Section 1: Grant of Temporary Construction Easement: The Grantor, for and in consideration of the benefit to the Tukwila Community of the Lake to Sound Trail, to the same extent and purposes as if the rights granted had been acquired under the Eminent Domain Statute of the State of Washington, hereby grants to Grantee a temporary construction easement on, across, and over that portion of Grantor's Property, together with the right to enter upon and have access to said Easement Area for the purpose of the Project work, and to take such other actions upon the Easement Area as are necessary and/or convenient for the construction of Grantee's Project, Grantor understands that the conveyance of a portion of the property to King County for public use is made voluntarily and with full knowledge of entitlement to receive just compensation in 37 123 the form of surface improvements. Additionally, Grantor understands that he/they have the right to request an appraisal of the property, and hereby give up that right. The Grantor and Grantee are currently In which will detail the ri his and res o maintenance of the trail. Section 3: ess of necatiatino an Into encv Aar ernent. n and Term: The rights, title, privileges and authorities hereby granted shall begin upon written Notice of Construction to the Grantor and shall continue in force for twenty-four (24) months from the date of the Notice of Construction, ountil execution of the Interagency Agreement referred to in Section 1 above, whichever is later. It is understood and agreed that the delivery of this Easement is tendered and that the terms and obligations hereof shall not become binding upon Grantee unless and until accepted and approved in writing by the Grantee.. Effect of Amendment: Except as expressly modified by this instrument, all terms and conditions of tide Temporary Construction Easement shall remain in full force and effect. EXECUTED BY the City of Tukwila this day of GRANTOR: City ref Tulcw By: Printed Name: Title: Date: GRANTEE' King Cclunty By: I Printed dame: i Title: I) ('e Date: , 2017. APPROVED AS TO FORM: By, Prin ed Name: Title: City Attorney APPROVED AS TO FORM: Prrntad Name: Title: County A 124 38 Return Address: King County Department of Natural Resources & Parks Parks and Recreation Division 201 S. Jackson St., Room 700 Seattle, WA 98104-3855 Exhibit D Form of Restrictive Covenant LAKE TO SOUND TRAIL SEGMENT A. RESTRICTIVE COVENANT Grantor: City of Tukwila, a municipal corporation of the State of Washington Grantee: King County, a political subdivision of the State of Washington Full Legal Description: See Exhibit A to this Restrictive Covenant Legal Description (abbr.): SW'/4, Sec. 13, Twn. 23, Rng. 4; SE 1/4, Sec. 14, Twn, 23, Rng, 4; NE'/, Sec. 23, Twn, 23, Rng. 4. Assessor's Tax Parcel Nos.: 2.323049001, 7229500360 and 1323049080 This restrictive covenant for trail purposes ("Covenant") dated for convenience as the day of , 20 , and is made and executed by and between the City of Tukwila, a municipal corporation of the State of Washington ("City") and King County, a political subdivision of the State of Washington ("County"), effective on the last date signed below. RECITALS A. ©n , the City and the County entered into an Interagency Agreement in which the County agreed to fund and construct on property owned by the City a portion of what is known as Segment A of the Lake to Sound Trail, a segment of trail within the Black River Riparian Forest extending from Naches Avenue SW in Renton to the Green. River Trail in Tukwila's Fort Dent Park. The portion of Segment A. within the boundaries of the City, subject to the Interagency Agreement, is known as the "Project". B. The City holds fee simple title to a portion of the Project, which portion is legally described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). 39 125 C. The Interagency Agreement provides that, after construction by the County and recording of this Covenant, the County will transfer ownership of the Project Improvements to the City. The County will provide long-term maintenance and operation of the Project as a regional trail. D. The County represents that its construction of Segment A is in part with County levy funds pursuant to King County Ordinance 17941, which authorizes use of said funds to develop real property and rights of way for regional trails. E. RCW 36.89.050 authorizes the County to construct a park or recreational facility and transfer to a city the County's ownership interest in that facility provided such transfer is "subject to the condition that either the facility shall continue to be used for the same purposes or that other equivalent facilities within the [C]ounty shall be conveyed to the [C]ounty in exchange therefor." F. Segment A is a critical segment of the larger regional Lake to Sound Trail, extending from the southern end of Lake Washington to Puget Sound, and will provide recreational and health benefits to residents of the City and the County. G. The City agreed in the Interagency Agreement, and hereby further acknowledges, that because the Property is a critical segment of the Lake to Sound Trail, there are no equivalent facilities within the County that would serve the same purpose. H. The City acknowledges that recording of this Covenant is a mechanism to the obligations of RCW 36.89.050 and the Interagency Agreement, AGREEMENT FOR VALUABLE CONSIDERATION and other mutual benefits, the receipt and. sufficiency of which is hereby acknowledged, the City hereby binds itself, its successors and assigns to the permanent restrictive covenants identified herein, which covenants shall run with the land and burden the Property for the sole benefit of the County and the County's interests in the other park, open space and trail facilities that make up the King County system of parks, trails, and recreational facilities. The City and the County agree that the County and its successors in interest shall have standing to enforce these covenants. The City and the County further agree and declare that the covenants and. conditions contained herein shall bind and the benefits shall inure to, respectively, the City and its successors and assigns and all subsequent owners of interests in the Property, and to the County and its successors and assigns. 40 126 COVENANTS 1. The City covenants that the Property shall be used in perpetuity for a regional shared -use trail accessible to the general public on which bicycling, walking, hiking, running, skating, and other non -motorized uses are allowed, which provides recreational opportunities and enhances regional mobility (hereafter "Regional Trail") or that other equivalent facilities shall be made in exchange therefore. The County acknowledges that the provision to allow for equivalent facilities will allow for the revision or realignment of road right of way and signal as may be needed or desired by the City. 2. The City understands that the Property is part of the Lake to Sound Trail and covenants that the City's Park Rules and Regulations apply to the Property except as may be modified or supplemented by the following rules, which the County intends to apply across the entirety of the Lake to Sound Trail; (a) No person shall cause a motorized vehicle to enter or operate upon. the Property without express permission of the City or the County. (b) No person shall travel on the Property at a speed greater than is reasonable and prudent under the conditions or in an otherwise negligent manner. (c) No person shall camp on the Property. (d) All persons must keep dogs or other pets or domestic animals on a leash, and under control at all times. Any person whose dog or other pet is on the Property shall be responsible for the conduct of the animal and for removing feces deposited by such animal from the Property. (e) No person shall allow his or her dog or other pet or domestic animal to bite or in any way molest or annoy visitors to the Property or to bark. continuously or otherwise disturb the peace and tranquility of the Property. (f) No person shall use tobacco products on the Property. (g) No person shall leave rubbish or other material on the Property, except in a garbage can or other receptacle designated for those purposes. (h) No person shall enter or be present on the Property during hours that the Regional Trail is closed except persons authorized by the City or the County. (i) No person shall destroy or damage the Property. No person shall disturb, injure or remove any vegetation or animal on the Property unless expressly authorized to do so by the City or the County. 0) No person shall enter or remain or loiter about the Property while in a state of intoxication. 3. The City covenants that it will not transfer or convey the Property, or any portion thereof, except by agreement providing that such lands shall continue to be used for a Regional Trail. 4. The City covenants that it will not limit or restrict access to and use of the Property by non -City residents in any way that does not also apply to City residents. 41 127 5. The City covenants that any and all user fees charged for use of the Property for Regional Trail purposes, including charges imposed by any lessees, concessionaires, service providers, and/or other assignees shall be at the same rate for non -City residents as for the City residents, 6. The City acknowledges that the County will record this Covenant in the records of King County with the intent that it appear as notice on the title of the Property, 7. Remedies. The County, its successors, designees, or assigns shall have the following remedies against the City, its successors, designees, or assigns for violation of this Covenant: (a) Default. If the City fails to observe or perform any of the terms, conditions, obligations, restrictions, covenants, representations or warranties of this Covenant, and if such noncompliance is not corrected as after the County has provided written notice and provided the City with a reasonable opportunity to comply, then such noncompliance shall be considered an event of default. (b) County's Remedies. In the case of the City's default, the County shall be entitled to all remedies in law or in equity against the City, including without limitation any rights: (1) to compel specific performance by the City of its obligations under this Covenant, and (2) to restrain by injunction the actual or threatened commission or attempt of a breach of this Covenant and to obtain a judgment or order specifically prohibiting a violation or breach of this Covenant (c) Notice. Before County pursues a remedy against the City for breach of this Covenant, County shall provide written notice specifying the default to the City. The City shall thereafter have a thirty (30) day period to cure such default (or if such default is not capable of cure within thirty (30) days, such additional period as is reasonably necessary for the City to complete such cure, provided that City commences cure within such thirty (30) day period and thereafter diligently pursues it to completion). (d) Immediate Action. If County, in its sole and absolute discretion, determines that circumstances require immediate action to prevent or mitigate significant harm that would be counter to the terms and purposes of this Covenant, County may pursue its remedies under this Section 8 without prior notice to Grantor and without waiting for the cure period to expire. (e) Delay. Delay in enforcing the provisions hereof as to any breach or violation shall not impair, damage or waive the right of the County to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation or any other breach or violation thereof at any later time or times. 8. Indemnification. In addition to and separate from the remedy provisions in Section 7 of this Covenant, the City, for itself, its successors, designees, and assigns, agrees: A. to protect, defend, indemnify and hold harmless the County, its officers, officials, employees and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments or costs of any kind whatsoever, arising out of or in 42 128 any way resulting from a failure of the City, its successors, designees and assigns to wholly or partially comply with this Covenant; and S, to release, protect, defend, indemnify and save harmless the County, its officers, officials, and employees while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or damages, of whatsoever kind ("Claims") relating to or arising from uses of the Property that occur on or after the effective date of this Covenant. C. The City, by mutual negotiation, hereby waives, with respect to the County only, any immunity that would otherwise be available against claims under the Industrial Insurance provisions of Title 51, RCW, but only to the extent necessary to carry out the indemnification duties herein. 9. Notice. Notice shall be sent to: King County: Director's Office King County Department of Natural Resources and Parks Rm 700, King Street Center 20i S. Jackson Street Seattle, WA 98104 With a copy to: King County Prosecuting Attorney's Office Attn: Chief Civil .Deputy 516 Third Avenue W400 Seattle, WA 98104 City of Tukwila: Rick Still, '.Director Tukwila Parks & Recreation 12424 42" Avenue S. Tukwila, WA 98168 Any notices required to be given by the Parties shall be delivered at the addresses set forth above. Any notices may be delivered (i) by personal service on the addressee of the notice, (ii) by deposit with a nationally recognized overnight delivery service, or (iii) by deposit as registered or certified mail in the United States mail, postage prepaid. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any person delivering notice via an overnight delivery service shall be responsible to confirm delivery. 10. Severability. If any provision of this Covenant shall be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby, 43 129 11. Amendments. This Covenant shall be amended only by a written instrument executed by the Parties hereto or their respective successors in title and duly recorded in the real property records of King County, Washington. 12, Governing Law. This Covenant shall be governed by the laws of the state of Washington. Venue for any action concerning this Covenant shall be in King County, Washington, IN WITNESS WHEREOF, the City on the date set forth above. CITY OF TUKWILA, a Washington State municipal corporation By Name Its d KING COUNTY, a political subdivision of the State of Washington By Name Its e County ha execu ed this Covenant 44 130 STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that lie/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of the CITY OF TUKWILA, a Washington State municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument, Dated: Notary Public Print Name My commission expires a STATE OF WASHINGTON COUNTY OF KING I certify that l know or have satisfactory evidence that is the person who appeared before me, and said person. acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Use this space for notaria p a Notary Public Print Name My commission expires 45 131 EXHIBIT "A" LEGAL DESCRIPTION FOR LAKE TO SOUND TRAIL CITY OF TUKWILA INTERLOCAL AGREEMENT AN AREA OF LAND FOR AN INTERLOCAL AGREEMENT LOCATED IN THE SOUTHEAST QUARTER OF SECTION 14 AND NORTHEAST QUARTER OF SECTION 23 TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN SANTE FE RAILROAD RIGHT OF WAY AND BEING 9 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14 (NORTHEAST CORNER SECTION 23); THENCE NORTH 88°48'43" WEST ALONG THE SOUTH LINE SAID SECTION 14 (NORTH LINE SAID SECTION 23) A DISTANCE OF 737.40 FEET; THENCE SOUTH 00°11'17" WEST A DISTANCE OF 267.84 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE SOUTH 34°14'11" EAST A DISTANCE OF 0.37 FEET; THENCE ALONG A 60.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 88°45'52"° FOR AN ARC LENGTH OF 92.95 FEET; THENCE NORTH 56°59'57" EAST A DISTANCE OF 212.64 FEET; THENCE ALONG A 150.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 23°38'30" FOR AN ARC LENGTH OF 61.89 FEET; THENCE ALONG A 150.00 FOOT RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26°10'07°" FOR AN ARC LENGTH OF 68,51 FEET; THENCE ALONG A 150.00 FOOT RADIUS REVERSE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 21°20'41" FOR AN ARC LENGTH OF 55.88 FEET; THENCE ALONG A 150.00 FOOT RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 18°58'56' FOR AN ARC LENGTH OF 49.70 FEET TO A POINT THAT INTERSECTS SAID SOUTH LINE SECTION 14 (NORTH LINE SECTION 23) AT A POINT BEARING NORTH 88°48'43" WEST A DISTANCE OF 310.82 FEET FROM SAID SOUTHEAST CORNER OF SECTION 14 (NORTHEAST CORNER SECTION 23); THENCE CONTINUING ALONG SAID 150,00 FOOT RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 1°50'30" FOR AN ARC LENGTH OF 4.82 FEET; THENCE NORTH 59°00'19" EAST A DISTANCE OF 16,79 FEET TO A POINT ON THE WEST LINE OF SAID BURLINGTON NORTHERN SANTE FE RAILROAD RIGHT OF WAY AND THE END OF THE HEREIN DESCRIBED CENTERLINE. THE SIDELINES OF SAID INTERLOCAL AGREEMENT CORRIDOR BEING EXTENDED OR SHORTENED TO INTERSECT SAID WEST LINE OF THE BURLINGTON NORTHERN SANTE FE RAILROAD RIGHT OF WAY. CONTAINING 10,035 SQUARE FEET, MORE OR LESS 46 132 PPN 1423414HY€!R MU 232 APN 2323044001 534'1411'E. 0,37' Farametrlx OE74TERUNE 10,a3S SQ. FT, SE 114 SECTION 14 AND NE 114 SECTION 23, T. 23 N. R. 4 E., WW,M. R=150,00' FORT DENT PARK ANI 2323044001 L.49,70' DETAIL SCALE: 1" =2O EXHIBIT A LAKE TO SOUND TRAIL CITY OF TUKWILA INTERLOCAL AGREEMENT tart tV1tua.z.r.AAIUtA. 47 133 Return Address: King County Department of Natural Resources & Parks Parks and Recreation Division 201 South Jackson Street, Room 700 Seattle, WA 98104-3855 EXHIBIT E Form of Bill of Sale QUITCLAIM BILL OF SALE Grantor: King County, a political subdivision of the State of Washington Grantee: The City of Tukwila, a municipal corporation of the State of Washington Legal Description (abbr.): SW /, Sec. 13, Twn, 23, Rng. 4; SE'/, Sec, 14, Twn. 23, Rng. 4; NE'/, Sec. 23, Twn. 23, Rng. 4. Assessor's Tax Parcel No.: 2323049001, 7229500360 and 1323049080. This Quit Claim Bill of Sale is made this day of , 20 between King County, a political subdivision of the State of Washington ("Grantor"), and the City of Tukwila, a municipal corporation of the State of Washington ("Grantee"), and collectively referred to as the "Parties." WITNESSETH: A. On , the City and the County entered into an. Interagency Agreement in which the County agreed to fund and construct a portion of what is known as Segment A of the Lake to Sound. Trail, a segment of trail traversing the Black River Riparian Forest crossing Monster Road SW and passing under the railroad tracks into Tukwila at Fort Dent Park. The portion of Segment A within the boundaries of the City, subject to the Interagency Agreement, is known as the "Project". B. The Interagency Agreement provides that, after construction of the Project by the County and recording of a Restrictive Covenant by the City requiring the property on which the trail was built to be used in perpetuity for a Regional Trail, the County will transfer to the City ownership of the Project improvements located on or within real. property legally described in Exhibit A attached hereto and incorporated herein. C. All of the conditions and circumstances set forth in the Interagency Agreement far transfer of ownership of the Project improvements have been met. 48 134 NOW THEREFORE, in consideration of the mutual covenants between the Parties recited herein, the receipt and adequacy of which is hereby acknowledged, Grantor hereby absolutely and unconditionally quitclaims, grants, sells, transfers, releases, confirms and delivers to Grantee, all of Grantor's right, title and interest in and to any and all Project improvements, fixtures, equipment, furnishings, and other tangible property owned by Grantor and located on the property described in Exhibit A, including, but not limited to the following and their components: curbing, catch basins, drains, inlets, piping, conduits, trenches, asphalt, concrete, signage, striping, electrical components, fencing, lighting, base materials, piles, boardwalks, bollards, markers, driveways, covers, frames, railings, retaining walls, rebar, wire fabric, and landscaping ("Improvements"); The Grantor and. Grantee agree that the transfer and sale of the Improvements is "as is where is" and that the Grantor makes no warranty nor representation express or implied regarding the fitness, quality, design and condition, capacity, suitability or performance of the Improvements, The Grantee agrees to release, protect, defend, indemnify and save harmless the Grantor, its officers, officials, and employees while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or damages, of whatsoever kind ("Claims") relating to, arising out of, or in connection with or incident to the use by any person of the Improvements that occur on or after the effective date of this Quit Claim Bill of Sale. Dated this day of _20. GRANTOR: KING COUNTY GRANTEE: CITY OF TUKA BY: BY: Its Its 49 135 STATE OF WASHINGTON ) )SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument, Dated: STATE OF WASHINGTON ) )SS. COUNTY OF KING ) Notary Public in and for the State of Washington Residing at My appointment expires I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at My appointment expires 136 50 EXHIBIT A LAKE TO SOUND TRAIL CITY OF TUKWILA - WEST PARCEL AN AREA OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 14 AND NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY, WASHINGTON AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14 (NORTHEAST CORNER SECTION 23); THENCE NORTH 88°48'43"° WEST ALONG THE SOUTH LINE OF SAID SECTION 14 (NORTH LINE SAID SECTION 23) A DISTANCE OF 291.75 FEET TO A POINT ON THE WESTERLY LINE OF THE BURLINGTON NORTHERN SANTE FE RAILROAD AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREA OF LAND; THENCE NORTH 88°48'43" WEST ALONG SAID SOUTH LINE AND SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 4.89 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 33°56'38" EAST A DISTANCE OF 36.72 FEET, THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE SOUTH 46°53'33" WEST A DISTANCE OF 139.49 FEET, THENCE SOUTH 56°58'02" WEST A DISTANCE OF 347.34 FEET; THENCE SOUTH 67°3207" WEST A DISTANCE OF 319,68 FEET, THENCE NORTH 35°1 #'06" EAST A DISTANCE OF 308.58 FEET, THENCE NORTH 60°13'31" EAST A DISTANCE OF 284.13; THENCE NORTH 82°44'06" EAST A DISTANCE OF 123.32 FEET; THENCE NORTH 53'49'47" EAST A DISTANCE OF 120.52 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 33°56'38" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 51.70 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 2.21 ACRES, MORE OR LESS 51 137 LI NSS19`47'E S33!55'381 291.75 4.119 51.70 FORT DENT PARK EXHIBIT A LAKE TO SOUND TRAIL CITY OF TUKWILA-WEST PARCEL TOTAL AREA = 2.21 ACRES SECTION 14 & 23 T. 23 N. R. 4 E., W,M. 52 138 EXHIBIT A LAKE TO SOUND TRAIL CITY OF TUKWILA - EAST PARCEL AN AREA OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY, WASHINGTON AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE NORTH 39°52'52" EAST A DISTANCE OF 199.59 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED AREE A OF LAND; THENCE ALONG A 523,68 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS SOUTH 64°21'39" EAST THROUGH A CENTRAL ANGLE OF 16°48'19" FOR AN ARC LENGTH OF 153.60 FEET TO A POINT ON THE SOUTHERLY LINE OF THE MONSTER ROAD SW RIGHT OF WAY; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE ON A 238.99 FOOT RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 53°42'43" EAST THROUGH A CENTRAL ANGLE OF 36°24'20" FOR AN ARC LENGTH OF 151.85 FEET; THENCE SOUTH 74°10'49"'WEST A DISTANCE OF 47.77 FEET; THENCE SOUTH 83°38`32" WEST A DISTANCE OF 60.86 FEET, THENCE ALONG A 668.29 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 1.5°49'11" WEST THROUGH A CENTRAL ANGLE OF 8°49'23" FOR AN ARC LENGTH OF 102.91 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 11,088 SQUARE FEET (0.25 ACRES), MORE OR LESS 2/4 53 139 APN 2323049210 EXHIBIT A LAKE TO SOUND TRAIL CITY OF TUKWILA - EAST PARCEL TOTAL AREA = 11,068 SQUARE FEET SECTION 13 T. 23 N., R. 4 E., W.M. 54 140 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes October 23, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Council members: Kate Kruller, Chair; Kathy Hougardy Staff: David Cline, Jack Pace, Nora Gierloff, Rachel. Bianchi, Robert Eaton, Kia Shagena, Laurel Humphrey CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Interagency Agreement: Lake to Sound Trail Staff is seeking Council approval of an interagency agreement with King County to design, construct, operate and maintain Lake to Sound Trail, Segment A, within the City of Tukwila boundary. Once complete, the trail will be a 16-mile route connecting the south end of Lake Washington to the Puget Sound in Des Moines. Segment A will add 1.1 miles from Renton's Black. River Riparian Forest connecting to the Green River Trait in Tukwila. The portion in the City of Tukwila is located primarily in Fort Dent Park. Councilmember Hougardy noted that removal of illegal encampments is listed in both City and County responsibilities and asked staff to be aware of this. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. B. Interiocal Agreement: Hearing Examiner Services Staff is seeking Council approval to renew an interlocal agreement with the City of Seattle for hearing examiner services through December 31, 2020. Tukwila has contracted with Seattle for these services since 2005 and this arrangement has proven to be efficient and cost effective. There agreement includes an updated hourly rate from $115 to $125 with no increase to support services or travel time. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. C. Resolution: Updating Rental HousingFees Staff is seeking Council approval of a resolution that would update rental housing licensing fees. The Rental Housing Program has 3962 registered rental units with 91% up to date on inspections. Nearly 400 units have been added to the program this year. The fees are proposed to be updated as shown below: 141 142 COUNCIL AGENDA SYNOPSIS ------------------ s Meeting Date Prepared by Mayor's renew Donna' l review 11/05/18 KS ITEF NFORMATION ITEM No. 4.J. STArI SPONSOR: KIA SHAGENA ORIGINAL _AGIsNDi DATE: 11/5/8 Ac;I.NI7.A ITEM TITLE Updating the Rental Housing Licensing Fee Schedule C.\TECORY C Di,nu.reion iutg Date C Motion Mtg Date L Resolution C Ordinance M g Date C Bid Award .Altg Date ® Public Hearing El Other AI Date A1tg Date 11/05/18 Mtg Dale SPONSC)R ❑Council ❑Mayor CHR 2DCD C.Finance Fire ['ITS ❑P&R ❑Police PIx' ®Court SPONSOR'S The revised rental housing license fee schedule reflects inflation in staff costs, higher fees SUMMARY for larger complexes and new fees for late rental inspections. RI:VIED BY ❑ C:O,\X . Mtg: C Trans &Infrastructure DATE: 10/23/18 /1 CDN Comm C Finance Comm. C Public Safety Comm. C Parks Comm. C Planning Comm. COMMITTEE CHAIR; KRULLER C] Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMI1 Department of Community Development TEE Unanimous Approval; Forward to Regular Mtg. Consent COST IMPACT / FUND SOURCE EXPFNDI'I'URL REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/05/18 MTG. DATE ATTACHMENTS 11/05/18 Informational Memorandum dated 10/11/2018 Resolution in final form Minutes from the Community Development and Neighborhoods Committee of 10/23/18 143 144 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Jack Pace, DCD Director BY: Kia Shagena, Code Enforcement Officer CC: Mayor Ekberg DATE: October 11, 2018 SUBJECT: Updated Rental Housing Licensing Fees ISSUE Should Tukwila increase its rental housing licensing fees and inspection rate to adjust for inflation in staff costs? BACKGROUND Salaries for represented employees will likely increase in 2019 and 2020 by 90% of the CPI-W (June 2017-2018). The CPI-W for that period is 3.6% and benefit costs have increased by an even higher percentage. DISCUSSION As of October 4, 2018, The Rental Housing Program has 3962 registered rental units, 1482 of those units have passed inspections in 2018, and 91% of all registered units have up to date passing inspections. Nearly 400 units have been added to the Rental Housing Program in 2018„ With an increase in units there is increased demand on staff. Staff has found monthly late fees for overdue license renewals to be an effective tool. Currently, there is a flat $20 per unit late inspection fee for all inspections that are past due. Staff has found that a flat fee for late inspections does not create a sense of urgency in property owners to have their units inspected once they are already late. Staff proposes to replace the flat fee with a monthly late fee per unit for overdue inspections. Residential Rental Business License fees for single family homes and all licenses with four or fewer units will remain unchanged for 2019 and will increase by five dollars in 2020. FINANCIAL IMPACT The proposed fee increases will keep pace with the City's costs to provide these necessary services. RECOMMENDATION The Council is being asked to approve the revised resolution and consider this item at the November 5th Regular Meeting consent agenda. ATTACHMENTS Draft Residential Rental Licensing Fee Resolution. 145 146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1895. WHEREAS, the City has adopted a Residential Rental Business License and Inspection Program, pursuant to Tukwila Municipal Code Chapter 5,06; and WHEREAS, the program has significantly improved the condition of the City's rental housing stock over the past eight years; and WHEREAS, the City is authorized to impose fees for services rendered; and WHEREAS, the fees for this program are intended to offset most of the cost of providing this service; and WHEREAS, the costs to administer the program have increased since the last fee review in 2016; and WHEREAS, the cost to administer the licensing program increases in proportion to the number of units per site; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, VVASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Residential Rental Business License and Inspection Program fees will be charged according to the following schedule: RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION FEES DESCRIPTION 2018 LICENSE 2019 LICENSE 2020 LICENSE Annual Residential Rental Business License: Property with one, two, three or four units Property with 5 to 20 units $ 70.00 $185.00 $ 70,00 $190.00 $ 75.00 $195.00 WkWord Processing\Resolutions\Residentlat Rental Licensing fee schedule 10-12-18 KS:lajs Page 1 of 2 147 DESCRIPTION Property with 21 to 50 units 2018 LICENSE 235.00 2019 LICENSE 2020 LICENSE $240.00 245.00 Property with 51 or more units 285.66 295.60 305.00 License fees for units rented for the first tare on or after July reduced by 50%. Late fee per month if existing license is not renewed before March 1 Penalty fee if a new unit is leased before a license and inspection is obtained Inspection fee per unit (City inspector) Re -inspection fee per unit (City inspector) Late fee per unit if Inspection Checklist is not submitted by September 30 of the year it is due Late fee per unit, per month, if Inspection Checklist is not submitted by September 30 of the year it is due st of each year are 10.00 $10.00 50.00 $50.00 55.00 60.00 55.00 60.00 10.00 $10.00 Hearing Examiner appeal fee $330.00 $340.00 $340.00 Section 2. Repealer. Resolution No. 18g5 is hereby repealed, effective December 1, 2018. Section 3. Effective Date. This resolution and the fee schedule contained herein shall be effective as of December 1, 2018. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O`Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: W \Word Processing\Resolutions\Residential Rental Licensing fee schedule 1 Q-12-18 KS: bjs 148 Page 2 of 2 ... City of TokwiLa City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes October 23, 2018 _ 5:30 Am. - Hazelnut Conference Room, City Hall Councilmembers: Kate Kruller, Chair; Kathy Hougardy Staff: David Cline, Jack Pace, Nora Gierloff, Rachel Bianchi, Robert Eaton, Kia Shagena, Laurel Humphrey CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. PRESENTATIONS BUSINESS AGENDA A. Intera enc A. reement: Lake to Sound Trail Staff is seeking Council approval of an interagency agreement with King County to design, construct, operate and maintain Lake to Sound Trail, Segment A, within the City of Tukwila boundary. Once complete, the trail will be a 16-mile route connecting the south end of Lake Washington to the Puget. Sound in Des Moines. Segment A will add 1.1 miles from Renton's Black River Riparian Forest connecting to the Green River Trail in Tukwila. The portion in the City of Tukwila is located primarily in Fort Dent Park. Councilmember Hougardy noted that removal of illegal encampments is listed in both City and County responsibilities and asked staff to be aware of this. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA, B. Interlocal Agreement: Hearing Examiner, Services Staff is seeking Council approval to renew an interlocal agreement with the City of Seattle for hearing examiner services through December 31, 2020. Tukwila has contracted with Seattle for these services since 2005 and this arrangement has proven to be efficient and cost effective. There agreement includes an updated hourly rate from $115 to $125 with no increase to support services or travel time. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. C. Resolution: Updating Rental Housing Fees *Staff is seeking Council approval of a resolution that would update rental housing licensing fees. The Rental Housing Program has 3962 registered rental units with 91% up to date on inspections. Nearly4©© units have been added to the program this year. The fees are proposed to be updated as shown below: 149 Community Development& Neighborhoods Minutes ,October 23, 2018 DESCRIPTION Annual Residential Rental Business License: 2018 LICENSE 2019 2020 LICENSE LICENSE Property with one, two, three or four units Property with 5 to 20 units 70.00 70.00 75.00 185.00 190.00 $195.00 Property with 21 to 50 units 235.00 240.00 $245.00 Property with 51 or more units 285.00 $295.00 $305.00 License fees for units rented for the first time on or after July 1st of each year are reduced by 50%. Late fee per month if existing license is not renewed before March 1 Penalty fee if a new unit is leased before a license and inspection is obtained nspection fee per unit (City inspector Re -inspection fee per unit (City inspector Late fee per unit if Inspection Checklist is not submitted by September 30 of the year it is due Late fee per unit, per month, if Inspection Checklist is not submitted by September 30 of the year it is due Hearing Examiner appeal fee 00 $340.00 $340,00 Councilmember Hougardy asked about the justification being tied to salary adjustments since costs could be passed along to renters. Staff pointed out this program was always intended to run with a cost recovery model. In addition, the program does not apply to Section 8 or units run by the Housing Authority. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. MISCELLANEOUS Chair Kruller raised the topic of non -City inspectors, as Council President Seal has recently shared concerns about the quality of services provided by certain individuals. The Rental Housing Inspection Program requires owners with five or more units to hire a non -City inspector who meets certain qualifications and who is pre -approved by the City. Owners with fewer than five units may use a non -City or a City inspector. Staff noted that they when they became aware of quality issues with one particular individual, that person was discontinued as a preapproved inspector and notified by letter. Poor inspections create liability for property owners, as evidenced in a recent roof cave-in situation. Chair Kruller asked if there were ways for the City to hold the inspectors more accountable and to be more involved in the process. Councilmembers Idan and Hougardy agreed they would like to see more accountability and for the City to have a better sense of how inspectors are performing. The Committee requested that staff seek input from the City Attorney and return with options. RETURN TO COMMITTEE. 150 COUNCIL AGENDA S' OPSIS Initials Meeting Date Prepared by 11!layor's rev' w Cannail review 11/05/18 NG ITEM NFOR ATION ITEM No. 4.K. SPoNSoR: NORA GIERLOFF ORI(.;INA], t'iDT ND:\ DA'I"I--5/ .8 Ac3I ND \ ITEM\=ITITL 2019-2020 DCD and PW Fee Resolution C.\'II,(3c RY C DIJeusSton Mfg Date ❑ Motion Mtg Date 11 Reiolutton ❑ Ordinance Altg Date [ Bid_4ward .deg Date ❑ PublicHearin Date Q Other Adtg Date Altg Date 11/5/18 SP()NS(>R ouncil [Mayor ERR =1DCD CF-tnanee ❑I:tre TS ❑P 'R ❑1'al ce ®PII' Court SPONSoR's This resolution will increase land use and development permit fees to keep pace with SUM v \RI' increasing City costs to provide permit review. RI,\'IF WE I) BY ❑ C.O.W. Mtg. E Trans &Infrastructure DATE: 10/23/18 // CDN Comm ❑ Finance Comm. ❑ Parks Comm. COMMITTEE CHAIR: KRULLER ■ Public Safety Comm. ■ Arts Comm. ❑Planning Comm. RECOMMENDATIONS: SPONSOR/AD;MIN. C>nanlrrl Department of Community Development Er. Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPIsNDeI�"1"LJRR RI.QuIRRRD AMOUNT BUDGETED APPROPRIATION REQUIRED `P $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL. ACTION 11/5/18 MTG. DATE ATTACHMENTS 11/5/18 Informational Memorandum dated 10/16/18 Fee Resolution Minutes from the Community Development and Neighborhoods meeting of 10/23/18 151 152 City of Tu►kwlla Allan Ekberg, li ayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: October 17, 2018 SUBJECT: Updated DCD and PW Permit Fees ISSUE Should Tukwila increase its land use, Public Works and Building permit fees and hourly inspection rates to reflect increased costs to provide development review services? BACKGROUND Salaries for represented employees will likely increase in 2019 and 2020 by 90% of the CPI-W (June 2017-2018). The GPI-W for that period is 3.6% and benefit costs have increased by an even higher percentage. The City's costs for processing credit card payments for permit applications have been increasing over the years, In 2017 to offset this cost the City began charging a 3% convenience fee on permit fees paid by credit card. The draft fee resolution maintains this fee as it has been covering the amount of the credit card processing surcharge. DISCUSSION Staff is suggesting that the flat land use fees increase at 3.2°/0 to reflect the City's labor and benefit costs, Some other permit fees are based on the valuation of the work which itself reflects inflation so no adjustment is needed for them. Hearing Examiner fees are increasing by a smaller amount and will remain the same 2019-2020 period. These costs are passed through to the applicant, 0 he FINANCIAL IMPACT The proposed fee increases will keep pace with the City's costs to provide these necessary services.. RECOMMENDATION The Council is being asked to approve the revised resolution and consider this November 5th Regular Meeting consent agenda. em a he ATTACHMENT -Draft PW, Land Use and Building/Electrical/Plumbing/Mechanical Permit Fee Resolution 153 154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWIL,A, WASHINGTON, REPEALING RESOLUTION NO. 1912, AND ADOPTING A CONSOLIDATED PERMIT FEE SCHEDULE. WHEREAS, the City Council adopted Resolution No. 1912 in 2017, establishing the City's current consolidated construction fee schedule; and WHEREAS the City intends to update permit fees on an annual basis, with any increases tied to growth in City expenses for providing permit services; and WHEREAS, the City Council wishes to recover a portion of the City's costs for review and processing of permit applications; and WHEREAS, the City has adopted a biennial budget process; and WHEREAS, the City's primary cost for permit processing is employee salaries and benefits; and WHEREAS, the Seattle Consumer Price Index (CPI-VV) was 3,6% for the June 2017-2018 period; and WHEREAS, the cost for employee benefits has risen by an even larger percentage; and WHEREAS, increasing flat fee permits by 3.2% will enable revenues to track with City labor costs, and WHEREAS, some permits are based on value of construction, so inflation is built into the permit fee calculation and no increase in rate is justified; and WHEREAS, over the counter permit costs are directly related to hourly inspection expenses, currently $60 for electrical and $70 for building inspectors; and WHEREAS, as more permit applicants are paying by credit card, the surcharge on these transactions has become a significant budget impact; and W1Word Processing\ResolutlonsConsotidated permit fee schedule 2019-2020 10-12-18 Nabjs Page 1 of 11 155 WHEREAS, the City intends to pass this convenience fee through to the permit applicants; and Wi EREAS, the City's evaluation of the convenience fee revenue indicates that it is covering the credit card surcharge fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 1912 is hereby repealed, effective January 1. 2019. Section 2. For 2019 and 2020, the Technology Fee shall be set at 5% of the applicable permit fee. Section 3. Public Works fees will be charged according to the following schedule; PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION FEE Type A (Short -Term Non-profit) Type B (Short -Term Profit) 50.00 + Technology Fee 100.00 + Technology Fee Type C (Infrastructure and Grading on Private Property and City Right -of -Way and Disturbance of City Right -of -Way) $250.00 application base fee, Technology Fee, plus four components based on construction value: 1) Plan Review 2) Construction Inspection 3) Pavement Mitigation. 4) Grading Plan Review See Public Works Bulletin A 1 for fee schedule. Type D (Long -Term) Type E (Potential Disturbance of City Right -of -Way) Type F (Blanket Permits) Franchise — Telecommunications $100.00 + Technology Fee 100.00 + Technology Fee 250.00 processing fee, plus $5,000.00 cash deposit, withdraw $100.00 per instance for inspection $5,000,00 administrative fee Franchise — Cable $5,000,00 plus 5% of total revenue Street Vacation $1,200.00 Latecomer's Agreements Flood Zone Control Permi $500.00 processing fee, plus 17% administrative fee, plus $500.00 segregation fee $50,00 + Technology Fee Public Works Inspector Safety, Inves Re -ins t ection Fee on or $70.00 per hour Public Works inspection outside of normal business hours ((three-hour mir imum char e 00 per hour W:\Word Processing\Resolutions\Consolidated per NG:bjs 156 ee schedule 2019-2020 10-12-18 Page 2 of 11 Section 4. Land use permit and processing fees will be charged according to the following schedule: LAND USE FEE SCHEDULE All peer review fees will be passed through to the applicant per TMC Section 18,50.200. Decision Type Appeal 2017 2018 Fees Fees 2019 Fee 2020 Fee Type 1, 2 and 4 Decisions SEPA MDNS Appeal Plus Hearing Examiner Fees Plus Technology Fee (TF) Appeal of Sign Code Decision Impact Fee Appeals. Fire Parks 4 $645 $665 $645 6665 $645 6665 $645 Transportation Sign Permit (TMC Chapter Permanent 5645 $665 $665 6645 $665 $265 ; $275 Temporary $45 : $45 Pole/Banner initial Application $265 $275 Special Event $1 0 $4 $115 $120 Pole/Banner Annual Renewal New Billboard Master Sign Program-- -Admin $60 $60 564-4 6645 65 + TF + TF + TF + TF + TF + TF - 226g $2 $2.380 $2,455 + TF Master Sign Program —BAR $3n620 $3,69 $3,800 $3,930 + TF W:\Word Processing\Resolutions\Consolidated permit fee schedule 2019-2020 10-12-18 NG:bis Page 3 of 11 157 Decision Type 2017 2018 Fees Fees 2019 2020 Fee Fee TUC Zone Modifications Modification to TUC Corridor Standards (TMC Section 18.28.130. C Modification to TUC Open Space Regulations (TMC Section 18, 28. 250 L. 4. d � Transit Reduction to Parking Requirements (TMC Section 18.26260.B. 5, b) Design Review (TMC Section 18.60.030) $665 $665 Plus Hearing Examiner Fees Plus Technology Fee (TF) + TF + TF + TF Administrative 82,32.7 2,450 Public Hearing Major Modification $4, $2,525 $4,52 + TF + TF 500 Minor Modification Parking Variances and Special Permissions 550 $680 705 + TF + TF Administrative Parking Variance (Type ?—TMC Section 18, 56.140) Parking Variance (Type 3—TMC Section 18, 56,140) Parking Standard for use not specified (TMC 18.28.250 D4.d.1 and TMC 18.56.100 Residential Parking Reduction (TMC Section 18.56.065) Shared, covenant, Complementary Parking Reduction (TMC Section 18,56.07)IT Parking Lot. Restriping (TMC Section 18, 56.12 Variances, Special Permissions and Site Plan Review Variances (TMC Section 18r 72 Environmentally Sensitive Areas Deviation, Buffer Reduction (TMC Chapter 18.45) Reduced fee for LDR homeowners, no associated short plat Reasonable Use Exception (TMC Section 18,45,180) Exception from Single Family Design Standard (TMC Section 18, 50, 0550) Special Permission Cargo Container (TMC Section 18, 50, 060) Ave Residential Tree Permit TMC Chanter 18.542 Tree and Commercial Landscape Modification Permit and Exceptions (TMC Chapter 18.524.100; $645 $1,©60 $665 + TF 1,095 + HE + TF $635 4 2 $645 $655 $665 + TF +TF $645 $665 + TF $645 $665 + TF 00 195 + HE +TF 640 $645 275 6 $665 0 + HE + TF + TF $645 $665 + TF + TF W:1Word Processing\Resolutians\Consolidated permit fee schedule 2019-2020 10-12-18 NG:bjs 158 Page 4 of 11 Decision Type of Creation and Consolidation Plus 2017 2018 2019 2020 Hearing Fees Fees Fee Fee Examiner Fees Boundary Line Adjustment (TMC Chapter_ 17.48) Lot Consolidation (TMC Chapter 17.08) Short Plat (2-4 lots) (TMC Chapter 17.12) Short Plat t5-9 lot (TMC Chapter 17.12) Subdivision: Preliminary Plat (10+ lots) (TMC Section 17.14.020) Final Plat ("10+ lots) (TMC Section 17,12.030) Plus Technology Fee (TF) 835 S'1895 $680 S705 + TF + TF 61050 $4,180 64,315 + TF 476© 4t + TF S-341-4- $3473 $3.275 Binding Site Improvement Plan _1TMC Charmer 17.16) Planned Residential Development: Administrative (TMC Section 18.46.110) Public Hearing (TMC Section 18..46,110) Minor Modification (TMC Section 18.46,130 'or Modification (TMC Section 18.46.130 eless Communication Facility (TMC Chapter Minor (Type 1) Administrative (Type 2 .58.050) $47 $4.180 $4,315 +HE +TF + TF Major or Height Waiver (Type 3) I,71%I 54; 5645 2,455 $665 + TF + TF + TF + TF + TF $1,835 SEPA and Environmental Checklist SEPA EIS SEPA Planned Action SEPA Addendum S-3 1-14 + TF + TF ,87© 0 + TF 275 ; 8© SEPA Exemption Letter Sensitive Area Master Plan Overlay (TMC 18.45.160) S645 S665 S645 $665 + TF + TF + TF 6380 $395 $5,290 $5.460 $5,635 + TF + TF W;1Word ProcessinglResolutionslConsoIidated permitfee schedule 2019-2020 10-12-18 NG:bis Page 5 of 11 159 Decision Type Shoreline Permits 2017 2018 2019 Fees Fees Fee Substantial Development Permit: (TMC Chapter 18,44 2020 Fee Plus Hearing Examiner Fees Plus Technology Fee(), Project value: $5,000 - $10,000 ,001 - $50,000 229 `' 4- $2,871 295 3,025 2 + TF + TF $50,001 y $500,000 ore than $500,000 5.92 7 4.825 2 $4 980 5 + TF + TF Permit Exemption Letter, Shoreline Shoreline Permit Revision $265 $275 $670 $690 + TF + TF Conditional Use Permit, Shoreline (TMC 18.44.050) Shoreline Tree Permit (TMC Chapter 18.44) Shoreline Environment Redesignation Noise Variance (TMC Section 8.22.120) $115 $120 $3,275 $3.380 + HE + TF + TF + TF Type I 4 530 $545 + TF Type II Type III Use Permits 513 4 $715 I ,595 740 $1,645 + HE + TF + TF Conditional Use Permit TMC Section 18.64. 02© Unclassified Use Permit (TMC Chapter 18.66) TSO Special Permission Use (TMC Section 18. 41. ©6©) Comprehensive Plan Changes (TMC Chapter 18.84 Rezone (Map Change) 4,250 $5,460 1.060 $4,385 + HE $5,635 $1,095 + HE 20 4 + TF + TF + TF + TF Comprehensive Plan Amendment Zoning Code Text Amendment 4.370 $4.965 4,505 2 + TF + TF Miscellaneous Services and Charges Development Agreement Code Interpretation (TMC Section 18.90.010 Zoning Verification Letter 2,255 5 + TF + TF Legal Lot Verification Preapplication Meeting $615 $630 In -lieu Tree Replacement Fee 530 $400 54 + TF + TF $410 Mailing Fee to Generate Labels, per project $500 5 W:\Word Processing4ResolutionslConsolidated permit fee schedule 201 -2020 10-12-18 NG;bis 160 Page 6 of 11 Recision Type Miscellaneous Services and Charges (cant.) 2017 2018 Fees Fees 2019 2020 Fee Fee Plus Hearing Examine Fees Plus Technology Fee (TF) Public Notice Mailing Fee per address for each mailing $1 Section 5. Building permit fees will be charged according to the following schedule: Total Valuation $1 to $500 $501 to $2,000 BUILDING PERMIT FEE SCHEDULE Building Permit Fees $66.30 + Technology Fee $66.30 for the first $500, plus $4,39 for each additional $100, or fraction thereof, to and including $2„000, + Technology Fee 2001 to $25,000 $132.09 for the first $2,000, plus $19.99 for each additional $1,000, or fraction thereof, to and including $25,000, + Technology Fee $50,001 to $100,000 $612.41 for the first $25,000, plus $15,61 for each additional $1,000, or ion thereof, to and including $50,000, + Technology Fee $1,002.92 for the first $50,000, plus $10,81 for each additional $1,000, or fraction thereof, to and including $100,000, + Technology Fee $100,001 to $500,000 $500,001 to $1,000,000 $1,541.83 for the first $100,000, plus $8.67 for each additional $1,000, or fraction thereof, to and including $500,000, + Technology Fee $5,004.43 for the first $500,000, plus $7.14 for each additional $1,000, or fraction thereof, to and including $1,000,000, + Technology Fee 000,001 to $5,000,000 $8,612,12 for the first $1,000,000, plus $4.79 for each additional $1,000, or fraction thereof, to and including $5,000,000, + Technology Fee $5,000,001 and up $27,788.12 for the first $5,000,000, plus $4.59 for each $1,000 or fraction thereof, + Technology Fee A. Non -Structural Plan Review Fee. A non-structural plan review fee shall be paid at the time of submitting plans and specifications for review. The non-structural plan review fee shall be 65%0 of the calculated permit fee as set forth in the permit fee schedule. The non-structural plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. B. Structural Plan Review Fee. Where a structural plan review is deemed necessary, a structural plan review fee shall be charged. The structural plan review fee shall be 35°/0 of the calculated non-structural plan review fee. W:1Word Processing \Resolutions\Consolidated permit f:e schedule 2019-2020 10-12-18 NG:bis Page 7 of 11 161 Section 6. Mechanical per it fees will be charged according to the following schedule: Valuation of Work (Total Contract Amount) $250 or less $501 to $1,000 MECHANICAL PERMIT FEE SCHEDULE Mechanical Permit Fee $33.15 for issuance of each permit (base fee) + Technology Fee $66,30 + Technology Fee $66.30 for first $250, plus $77,99 for each $100 or fraction thereof, to and including $500, + Technology Fee 6.29 for the first $500, plus $8.87 for each $100 or fraction thereof, to and including $1,000, + Technology Fee 30.66 for the first $1,000, plus $9.84 for each $1,000 or fraction thereof, to and including $5,000, + Technology Fee $170,03 for the first $5,000, plus $10.25 form each $1,000 or fraction thereof, to and including $50,000, + Technology Fee $651.98 for the first $50,000, plus $8.57 for each $1,000 or fraction hereof, to and including $250,000, + Technology Fee 250,001 to $1,000,000 $2,365.58 for the first $250,000, plus $7.55 for each $1,000 or fraction hereof, to and including $1,000,000, + Technology Fee ,000,001 and up Section 7. Plu schedule: $8,026.58 for the first $1,000,000, plus $6.83 for each $1,000 or fraction thereof, + Technology Fee bing per fees will be charged according to the folio PLUMBING PERMIT FEE SCHEDULE Permit Issuance -Issuance of each permit (base fee) Unit Fee Schedule (in addition to base fee above: ing y Fee For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) $68,00 66 30 + Technology Fee For each additional fixture For each building sewer and each trailer park sewer Rain water system — per drain (inside building) For each water heater and/or vent 5.00 -1-4 28 + Technology Fee $25.00 0 + Technology Fee $15.00 44,28 + Technology Fee $15.00 111.28 + Technology Fee For each industrial waste pretreatment interceptor, including its trap and vent, except for kitchen type grease interceptors ._ For each grease interceptor for commercial kitchens For each repair or alteration __ water . treating ... p ' alteration of water piping and/or teeat equli ment, each occurrence For each repair or alteration of drainage or vent piping, each fixture $30.00 2-856 + Technology Fee $30.00 ,2 + Technology Fee $15 00 4-448 + Technology Fee $15,00 4 8 + Technology Fee W;1Word Proccessing\ResolutionslConsolidated permit tee schedule 2019-2020 10-12-18 NG js 162 Page 8 of 11 For each medical gas piping system serving one to five inlets/outlets for a specificgas For each additional medical gas inlets/outlets 85.00 S3 64 + Technology Fee $17.00 16.52 + Technology Fee For each lawn sprinkler system on any one (1) meter including backflow protection devices therefor. For atmospheric -type vacuum breakers not included in lawn sprinkler backflow protection: 1 to 5 ........$15.00 4499 + Technology Fee Over 5 - $15.00 -1-90 for first 5 plus $3.25 for each additional + Technology Fee _ For each backflow protective device other than atmospheric type vacuum breakers: 2-inch diameter and smaller....... $30 00 2-9-1-9 + Technology Over 2-inch diameter... Fee .$33.00 32 2-5 + Technology Fee $30.00 28 + Technology Fee Section 8. Fuel Gas Piping permit fees will be charged according to the following schedule: FUEL GAS PIPING PERMIT FEE SCHEDULE Permit Issuance For issuing each permit (base fee): ($0 if permit is in conjunction with a plumbing permit for an appliance with both plumbing and gas connection. Unit Fee Schedule For each gas piping system of one to five outlets $35 00 4346 + Technology Fee For each additional gas piping system outlet, per outlet $68.00 66.3i'1 + Technology Fee $15 00 1-448 + Technology Fee Section 9. Electrical permit fees will be charged according to the following schedule: ELECTRICAL PERMIT FEE SCHEDULE. 1, NEW SINGLE-FAMILY DWELLINGS New single-family dwellings (including a garage) Garages, pools, spas and outbuildings Low voltage systems $180.00 155, 91 + Technology Fee $120.00 83.51 + Technology Fee 60.00 61.05 + Technology Fee WV:lword Processing\Resolutions\Consolidated perm fee schedule 2019-2020 10-12-18 NG:bis Page 9 of 11 163 2. SINGLE-FAMILY REMODEL AND SERVICE CHANGES Service change or alteration -no added/altered circuits 120 00 83.51 + Technology Fee Service change $100.00 •g6;54 with added/altered circuits, plus $10,00 or each added circuit (maximum_permit fee $160,00 156.00) dded/altered without service change (includes up to 5 circ $100,00 t� S4 + Technology Fee $60.00 55.69 + Technology Fee Circuits $60.00 55;69 added/altered without service change (more than 5 circuits); $10.00.76-5 for each added circuit (maximum permit fee $100.00 + Technology Fee) Meter/mast repair Low voltage systems 3. MULTI-FAf $60.00 49 + Technology Fee 60.00 61-45 + Technology Fee Y AND COMMERCIAL (including low voltage) Valuation of Work (Total Contract Amount) $250 or less $66.30 + Technology Fee $251 - $1,000 $1,001 - $5,000 $5,001 - $50,000 $50,001 - $250,000 Permit Fee $66.30 for the first $250 plus $4.39 for each $100 or fraction thereof, to and including $1,000,+Technolo Fee $98.94 for the first $1,000 plus $22.03 for each $1,000 or fraction thereof, to and including $5,000, + Technology Fee $186.97 for the first $5,000 plus $18.05 for each $1,000 or fraction thereof, to and including $50,000, + Technology Fee $998,73 for the first $50,000 plus $13.16 for each $1,000 or fraction thereof, to and including $250,000, + Technology Fee $250,001 - $1,000,000 Over $1,000,000 $3,638.54 for the first $250,000 plus $9.33 for each $1,000 or fraction thereof, to and including $1,000,000, + Technology Fee $10,649.51 plus 0.5% of cost over $1,000,000, + Technology Fee 4. MISCELLANEOUS ELECTRICAL PERMIT FEES Temporary service (residential) Temporary service/generators anufactured/mobile home parks and RV park sites, each service and eeder Carnivals: • Base fee • Each concession feeq. • Each ride and generator truck nspections or plan review not specified elsewhere (one alf hour l "nimum tps,__plan revisions.T . eft°'�...._.... $60.00 66"4 + Technology Fee $90.00 82 + Technology Fee $100.00 87-98 + Technology Fee Safety inspections, plan revisions 00.00 82.21 + Technology Fee ,001-4-02 + Technology Fee 00 11.02 + Technology Fee $60.00 67.83 per hour Adult family home inspection (paid at the time of scheduling the ins ection Disaster recovery emergency repair permi esidential structures only) $60.00 per hour 20.00 W:1Word Pro cessing\Resolutions\Consolidated permit fee schedule 2019-2020 10-12-18 NG:his 164 Page 10 of 11 Section 10. Other inspections and fees will be charged according to the following schedule: OTHER INSPECTIONS AND FEES Inspections outside of normal business hours (three hour minimum charge) Re -inspection fee nspection for which no fee is specifically indicated —investigations or safety ns•ections Addit ional plan review required by changes, additions, or revisions to approved an s +l m— ha ending before permit issuance shall be subject to an investigation fee 0 100% of thepermit fee. Plan review fee —Mechanical, Plumbing, Fuel Gas Piping and Electrical: The fee for review shall be 25% of the total calculated permit fee. The plan review fee is a separate fee from the permit fee and is required when plans are required in order to document compliance with the code. Work covered rvithout prior to inspection or work not ready at the time of inspection maymbe charged a re -inspection fee of $105.00 Expired permit final a includes two inspections Expired permit final each additional inspection Minor residential remodel plan review and permit (projects up to $20,000 $105,00 11D hour $70.00 p per hour $70.00 6- . per hour $70.00 per hour 100% of the permit fee 140.00133.00 $70.00 67.83 $20.00 Section 11. Credit Card Surcharge, If payment is made by credit card, a processing fee of 8% will be added to the total order. Section 12. Effective Date. This resolution and the fee schedules contained herein shall be effective January 1, 2019. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, �"ASHINGTON, a a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy ©'Flaherty, IMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Filed with the City Clerk: Passed by the City Council. Resolution Number: W;1Word ProcessinglRes©Iutions\Cr ns©lidated permit fee schedule 2019-2020 10-12-18 NG:bjs Page 11 of 11 165 166 Community Development & Neighborhoods Minutes ............. .....Qrt©ber23, 20I8 D. Resolution: Community Development& Public Works Fees Staff is seeking Council approval of a resolution that would update the consolidated permit fee schedule for Public Works and for Land Use. The proposal maintains the 30/0 credit card fee, increases flat land use fees at 3.20/©, and passes Hearing Examiner fees on to the applicant. UNANIMOUS APPROVAL. FORWARD' TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA. Resolution: 2019 Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use in Olympia during the next session. The Legislative Agenda provides direction to staff on policy positions. Tukwila's state lobbyist, Jennifer Ziegler, has notified the City she is going to discontinue service and staff will return with a proposal for a replacement. The draft Agenda includes relevant additions and deletions including reference to the Allentown Bridge, reestablishing the Streamlined Sales Tax Mitigation payments, and changing the day fate for inmates to ensure equitable reimbursements to facilities like SCORE. The proposal was also in the Transportation & Infrastructure Committee, which requested additional language referencing the efforts of the Streamlined Sales Tax mitigation tax force. This proposed amendment will be reflected in the resolution presented to the Committee of the Whole. Chair Kruller noted that the Sound Cities Association is also finalizing its 2019 legislative agenda and she is supporting language that would preserve cities' rights relating to future transportation investment technologies. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 13, 2018 COMMITTEE OF THE WHOLE. Adjourned 6:20 p.m. Committee Chair Approval utes by LH 167 168 COUNCIL AGENDA SYNoPsIs Meeting Date Prepared by Mayor's renew Council review 11/0 18 DCS ITEM INFORMATION ITEM No. 5.A. Si \ II, SPONSOR: DEREK SPECK ORIGINAL AGENDA DAT17,: 11/5/18 AGENDA ITEM DILE Tukwila Village Land Sale for Phase 2 CATEGORY Discussion 11/5/18 0 Motion Date 11/5/18 E Resolution Altg Date E Ordinaiue Alls Date E Bid Award Illt,g Date 11] Public Hearing Alts Date [1] Other Mg Date Mtg Date Altg SPONSOR Coun 611 ..Megor OFIR EDCD EFznane flFzre •ITS EP&R azce DPW Colin SPONSOR'S The Administration seeks Council approval to enter into a purchase and sale agreement to Su MM, 'RN' sell remaining parcels Tukwila Village land (known as assessor parcel numbers 152304- 9242 and 152304-9322, totalling approximately 2.99 acres) to Tukwila Village Development Associates, LLC for a price of not less than $2,211,600. The financing application is on a tight timeline, with action requested 11/5/18. REvirwrd.) BY E C.O.W. Mtg. Ei CDN Comm Ei Finance Comm. E Arts Comm. [1] Parks Comm. COMMITTEE CHAIR: Li Public Safety Comm. • Trans &Infrastructure N Planning Comm. DATE: RECOMMENDATIONS: SPoNsoRIADNIN, COMMI Mayor's Office MEE No committee due to tight timeline COST IMPACT I FUND SOURCE EXPENDI'cURE RI, QUIRLD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: This would generate over $2.2 million in one-time revenue. MTG. DATE RECORD OF COUNCIL ACTION 11./Sf 18 MTG. DATE ATTACHMENTS 11/5/18 Informational Memorandum dated 10/3/18: Attachment A: Site Plan Attachment B: Lot Consolidation Map No. L13-021 169 170 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Derek Speck, Economic Development Administrator CC: Mayor Ekberg DATE: October 30, 2018 SUBJECT: Tukwila Village Land Sale: Final Phase ISSUE The Administration seeks Council approval to enter into an agreement to sell two parcels of the Tukwila Village land to Tukwila Village Development Associates, LLC. BACKGROUND On October 22, 2012 the City Council approved a Disposition and Development Agreement (DDA) with Tukwila Village Development Associates, LLC (TVDA), the project developer for Tukwila Village. That agreement outlined the relationship between the City and TVDA and provided for numerous future steps, including sale of Tukwila Village land to TVDA. Since 2012 the project partners have completed many tasks related to the project. All of the partners agreed on easements for access and parking. The City vacated 41st Avenue South, sold a parcel of land to the King County Library System (KCLS), consolidated twenty lots into five, approved a development agreement, approved parking determinations, and approved multiple applications for design review, grading, and building permits. KCLS designed and built a library. TVDA demolished buildings, graded the site, installed utilities, and completed construction on the first phase (two apartment buildings, a cafe and a plaza). The City entered into a purchase and sale agreement with TVDA for the first phase land sale in August 2016 and closed escrow on the purchase in July 2017. TVDA has now completed construction on that phase is ready to construct the final phase, which comprises Buildings A and B (see attached site plan). As such, TVDA recently applied for financing from the Washington State Housing Finance Commission. In order to complete its application, TVDA needs to provide a copy of a purchase and sale agreement to the Commission within the next two weeks. TVDA notified the City of the application submittal on October 19th and the Council's November 5th meeting was the first feasible opportunity to request Council approval. Under current design, Building A will have 79 residential units, four live/work units, and 8,312 square feet of commercial space. Building B will have 125 residential units and 2 live/work units. 171 INFORMATIONAL MEMO Page 2 DISCUSSION The proposed deal terms carry out the intent previously outlined in the DDA and are basically the same as were in the purchase and sale agreement for the first phase. The key provisions are: Property: The land proposed for sale are Parcels A and B of Lot Consolidation L13-021, also known as county assessor parcel numbers 152304-9242 and 152304-9322, respectively (see Attachment B). These lots comprise 130,167 square feet, or about 2.99 acres. This is approximately 49% of the Tukwila Village site (including the library parcel). Price: The final price will be set based on a financial model called a residual land value analysis (RLV). The RLV will take into account the project's costs (including pre -development, construction, financing, and fees), revenues, and a market capitalization rate to calculate how much the project can afford to pay for the land. That result becomes the price for the land. If the calculated land price is below a minimum then TVDA would pay the minimum price. The minimum price is based on a formula of $10,000 per housing unit plus an equivalency for commercial space. Based on the current designs of Buildings A and B, the minimum price for the two parcels will be $2,211,000. Before the close of escrow, TVDA will provide the RLV which may justify a higher price. Preconditions: The P&S will include many pre -conditions that must be met before the money and deed are exchanged and escrow closes. The conditions will include those that are typical of real estate transactions such as clearing up title issues, providing title insurance, providing environmental documentation, etc. The conditions will also include some significant ones to protect the City's goal of making sure that TVDA completes the project as intended. Those are: • Evidence of Available Funds: TVDA will provide written proof of sufficient financing (equity and loans) to complete the project. • Construction Contract: TVDA will provide a construction contract so that it is clear the project can be completed within the amount of available financing. Assignability: TVDA plans to form a different limited liability company or limited partnership for each land purchase primarily to facilitate financing. TVDA will be the managing member or managing general partner, respectively. To accommodate this, the P&S needs to be assignable to an entity that meets City approval. Age Restrictions: TVDA will develop Buildings A and B such that they meet the State criteria as senior housing but they will be the type that would allow up to 20% of units to be rented to households of any age. This would enable up to 40 apartments in this phase to be rented with no age restriction. Income and Rent Restrictions: TVDA would dedicate 20% of the residential units for households earning up to 50% of area median income (AMI) with rent set at affordable rates. Currently, a two -person household earning up to $51,360 annually would qualify. TVDA is likely to dedicate another 30% of the units to be affordable to households earning up to 80% of AMI ($68,480 for W:\2018 Info MemoslTukViiLandSale.doc 172 INFORMATIONAL MEMO Page 3 a two -person household). The City would require at least 50% of the residential units have no income and rent restrictions. If Council authorizes the Mayor to execute a P&S, the next steps are: (1) City and TVDA complete and sign the P&S in early November (2) Developer receives approval from Washington State Housing Finance Commission (3) Developer completes pre -conditions (4) Close escrow (estimated for March 2017) FINANCIAL IMPACT If completed, the proposed land sale will result in revenue to the City of at least $2,211,600. RECOMMENDATION The Council is being asked to authorize the Mayor to execute a purchase and sale agreement to sell Parcels A and B of Lot Consolidation L13-021 to Tukwila Village Development Associates, LLC for a price of not less than $2,211,600. Due to the timing needed for the financing application, Council is asked to consider and approve this item at the November 5, 2018 Regular Meeting. ATTACHMENTS -Attachment A: Site Plan -Attachment B: Lot Consolidation L13-021 Map W:\2018 Info Memos\TukVilLandSale.doc 173 174 r PARKING LEGEND ® NUMBER OF STALLS IN ROW c COMPACT STALL THE SAMARA APARTMENTS PEDESTRIAN CONNECTION RGUIE TM. BUILDING A SITE PLAN - SHEET P2.0 C YOME rtPEAMMETER c a.ERIMEIFA PT AIDE 7YPE PER®.IETERiRIPLANTING 5 CWKK) NORMANDY COURT APARTMENTS __ram T euLOPID OUTLINE. TIP. TUKWILA VILLAGE PARKING IT MDT TYPE R LANDSLAPE PEA4/tIFA iIPER SUOLONG COURt TYv. ti BUILDING A UNITS - 84 GARAGE PARKING STALLS - 85 PHASE 1 PHASE 2 PARCEL A PARKING I GARAGE SURFACE TOTAL = 93 = 130 PARCEL C PARKING GARAGE =0 SURFACE =11 TOTAL = 11 LIBRARY -PARCELS SHARE PARKING ON PARCELS AB,C PHASE I TOTAL = 149 STALLS PARCEL E PARKING GARAGE =49aR2=123 SURFACE =29 SLIRFACE(KCHA) =19 PHASE2 TOTAL = 126 PHASE PARCEL B PARKING GARAGE =86 SURFACE =34 PHASE 3 TOTAL = 120 S. 144TH ON STREET PARKING = 16 STALLS SITE TOTALS= 445 • 18IKCHA)= 463 STALLS IMDCRG STALL PLAZA SITE PLAN - SEE SHEET P3 0 BUILDING B UNITS - 125 GARAGE PARKING STALLS - 86 S 14411) STREET LANDSCAPE PLAN SEE SHEET P3.30 OVERALL SITE PLAN c15 RIVERTON TERRACE The Vdlege ARTWBIk The Kate MTma40 N.aSAe nmm.we rams of art aonkn>e andP WVl created by memEen S4M ¢1 so..., dress anNeon aA 9a 545T45th Qolafedn OsFae+tom Vmtloma y✓.tNOoln SRC72 Palmy Mama L. mt.. M .+dwwe aM PYO°f54NY tMN art im+we W 5.. variwn Mmea tottoM d'm tTA mrtnr10'. The [=19Nagle we Fmte WO Sde. an pgr5mE onto loca1 are... art prom.. Cat of 14.'8 Cumtyt •ACwnvi F1.rm¢ MT.W guide N8M5eet m Oe P'odtaA for each nee eaNDL i A. We lock.. of the .a_ws art .4 st WI 55F *NOR MIONIY : of the piece onda No km M arta Ina ntmtedmach. Tie MT.a&.at a.S 1etTatebm ax9Mt7e AK..=LAL..4 INTO. monotony nurnagernarpt grow The Wort 9 be ara rtoolon t...ymny and mum..^.i i ,.Nueva. 4C11GN RIXPFPP FIRE ACCESS WE LOU., EASEMENT FOR tONG xalswG lUTROADY BUILDING E UNITS - 124 GARAGE PARKING STALLS - BO 4CLESS4ISF STALL UPPER AL_GOS WTTIuc T.1'. MST. SUUMIG TO RE..LOYED FEE TYPE PERHETEA 4IXaNECOON ROUTE TIP. GREAT BEAR MOTOR *LH 7. 64 8- vacuc r c. tanit FILENAME u4IO-PIE OVERALL SITE PLAN P1.0 City of Tukwila Depatbrw4 of CongenuMty eimniapresent 6300 ao.0M Bprwsna hang* WA MIS T.Mphen* (2061 431 Jf70 FAX (306) 431J605 LOT CONSOLIDATION NO. L13-021 fD CO a so-s a 8. 144TH STREET NEW LOT CONFIGURATION & EASEMENTS PARCEL A apt 140 VOL 1‘ PARCEL B WU oMoak Mat tttas isrmarx _x — — ,8215 rem YWCA KM, a vow 023)251-6222 is staff-sfea tax Dietwoma. Lao ,. a. VOL ems PG_ (( o SCALE 1-SO PIN OF THE SE1/4, OF THE SW1/4 OF SEC. 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASI GTON COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Ma9wr's revie Council review 10/08/18 RB 10 RB , 11/5/18RR 1TE NFORMATION ITEM No. 5.B. STIP SPONSOR: RACHEL BIANCHI ORIGINAL AGEND 1 DATE: 10/08/18 ,Ac&Nt) \ III \I TrriA, Contract for programming and master planning services associated with the new Public Works facility C \ n'GoRy 4 Discussion 10/8/18 0 .14orion .111g Dale 11/5 El Resolution Mts Date Ordinance AN Date Bid Award .1 kg Dale Public Hearing ilkg Date R Other Allg Date Ilig Dare Si ONSOR Cotrat7/ el Alajor 0 HR ODCD OFinance UFire OTS oP&R OPo/ice DPW. E] Court SPONSOR'S The Council is being asked to approve a contract with SHKS Architects for $365,000 (which St Nim \Itl' includes contingency) for programming and master planning services as a part of the Public Safety Plan. This contract is within the budget for Public Works revised by the Council earlier this year. Ri \ i mid) BY [11 LOAN'. Mtg. 0 CDN co., o Finance 0 Parks COMMITTEE Comm. 0 Public Safety Comm. Trans &Infrastructure U Arts Comm. Comm. 0 Planning Comm. CHAIR: HOUGARDY DATE: 10/1/18 RECOMMENDATIONS: SM)NSOR/ADNIIN. CONINIrrnik Mayor's Office Unanimous Approval; forward to Committee of the Whole COST IMPACT / FUND SOURCE EN pi ,NDI 1 Liki,, RI ,QL, mkt) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/15/18 Forward to Regular Meeting when all Connrilmembers are present MTG. DATE ATTACHMENTS 10/15/18 Informational e orandum dated 9/25/18 Proposed Contract Minutes from the Public Safety Corn, meeting of 0/ /18 11/5/18 As above 177 178 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL Ii EI PIORANDUM TO: Finance Committee FROM: Rachel Bianchi, Deputy City Administrator CC: Mayor Ekberg DATE: September 25, 2018 SUBJECT: Architect and Engineering Services Contract for Public Works Facilities Master Planning and Programming Phase of Design ISSUE The City requires the services of an architect and engineering firm for the design and programming of the Public Works Facilities in the Public Safety Plan. After thorough staff review of the candidate firms that responded to the City's Request for Qualifications, the City Council is being asked to approve a contract with SHKS Architects for a contract not to exceed $365,000 which includes $299,997 for the master planning and programming phase and a $65,000 contingency should additional services be required to complete this effort. White staff is asking for the contingency authority, the contract is for not to exceed $299,997. BACKGROUND On June 25, 2018, with assistance from Shiels Cbletz Johnsen (S©J), the project management firm assisting the City in the implementation of the Public Safety Plan, the City issued a Request for Qualifications for architect and engineering services. The City received ten proposals that were evaluated and ultimately interviewed by SOJ, the City Administrator, Public Works Director and Deputy Director, and the Deputy City Administrator. Three firms were interviewed by the panel and SHKS Architects was chosen for several reasons: • Strength of design and master planning of previous similar facilities in the greater Seattle area. • Confidence in the proposed project manager's qualifications and demonstrated knowledge of the detailed functionality of public works facilities. • Commitment to engaging Public Works staff and user groups in the design process to meet the specific and unique needs of the City of Tukwila, • Experience with and commitment to working with disadvantaged businesses (DBEs). • Recommendations from project managers on their previous projects, as well as direct conversations with occupants who use the facilities they designed. SOJ negotiated a not to exceed amount of $299,997, The program manager, with significant experience building public projects and an architect herself, has determined this is a good value for the City and taxpayers. After completion of this phase, the contract will be amended to move into the following phase of the project, which will likely be the Rehabilitation and Tenant Improvement of the soon to be acquired buildings on the Public Works sites. The scope, budget and schedule of this future phase will not be assessed until the site acquisition process is complete and the master planning and programming phase is finalized, At that point, the project team will come back to 179 INFORMATIONAL MEMO Page 2 the council to inform the results of this effort and seek approval to move forward into the next steps. RECOMMENDATION The Finance Committee is asked to approve the contract for architect and engineering services with SHKS Architects and forward it to the next Committee of the Whole meeting on October 8, 2018 for discussion and then to the Regular Council meeting on October 15 for final approval. ATTACHMENTS Proposed SHKS Architects Contract nro Mernos44rchitectEngMemo,doc 180 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR ARCHITECTURAL DESIGN AND PLANNING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and SHKS Architects, a Washington corporation, hereinafter referred to as "the Consultant', in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Architect Design and Planning services in connection with the project titled Tukwila Public Works Facility Project. 2. Scope of Services. The Consultant agrees to perform the services, identified on attached AlA B104 and Exhibit A attached hereto, including the provision of all labor, materials, equipment and supplies. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending at completion of construction, 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 December 31, 2021 unless an extension of such time is granted in writing by the City. This Agreement may be amended by additional phases of work, 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 A and B attached hereto, provided that the total amount of payment to the Consultant shall not exceed $299,997 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 req uest. 181 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. S. 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 ROW 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. 2, Commercial General Liability 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. CA revised 1-2013 Page 2 182 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 Consultants 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. g. 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. 1g. 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, CA revised : 1-2013 Page 3 183 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 lirnitation 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. 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: SHKS Architects 1050 N 38th Street Seattle, WA 98103 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. 19. Inconsistent Provisions: In the event provisions of this Agreement are expressly incconsistent with AlA B104 and Exhibit A, the provisions in this Agreement shall supersede those contained within AIA 8104 and Exhibit A. CA eevlsd : 1-2013 Page 4 184 DATED this day of , 20 CITY OF TUKWILA CONSULTANT By: Allan Ekberg, Mayor Attest/Authenticated: Printed Name: Title: Approved as to Form: City Clerk, Christy ©'Flaherty Office of the City Attorney CA revised : 1-2013 Page 5 185 186 Init. Standard Abb Document B1041"- 2017 viated Form of Agreement Between Owner and Architect AGREEMENT made as of the day of in the year 2018 (In a ord , indicate day, month and year,) BETWEEN the Architect's client identified as the Owner: (lranrclegal status, address and other information) City of Tukwila 6200 Southcenter Boulevard Tukwila WA 98188 and the Architect: (Name, legal slams, address and other SHKS Architects, P,S„ Inc. 1050 N :8'1' Street Seattle WA 98103 Ph: (206) 675-9151 for thefollowing Project: (A'ame, location and detailed descripftort Public Works Facility The Owner and Architect agree as follows, ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original A1A text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA [3szcument8104' 2017., Copyright ©1974, 1978, 1987 AIAf, Document is protected by U.S. Copyright Law and In portion of'it, play result in severe civil and criminal ponalt produced by AIA software at 20:41:44 on 09/2512018 under of User Notes; 997, 2007 and 2017 by The American tnefilule of Architects. All rights reserved. WARNIN . This rnational'Treattes. Unauthorized reproduction or distribution of this AlA1 Document, or any s, and will be prosecuted to the maximum extent possible under the law. This document was er No,2254341377 which expires en 08/30/2019, and is not for resale. 0197888820) 187 Init. TABLE OF ARTICLES 0 GENERAL TERMS 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 6 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK. T COPYRIGHTS AND LICENSES 6 CLAIMS AND DISPUTES S TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 0 GENERAL TERMS § 0.1 Project Designation. The Architect is retained by the Owner to perform Phase i of the Project, which includes master planning and programming services, a building condition assessment. and determining the Maximum; Allowable Construction Cost (MACC) for the Project (defined in RCW 39.10.210(1 ! )), Certain terms in this Agreement apply only to design services, which may be added to the Architect's Scope of Services by Owner through a mutually negotiated amendment. By executing this Agreement, however, the parties understand that the Owner is not obligated to add the design services to Architect's Scope of Services, § 0.2 Scope of Services. The Architect agrees to perform the services described in this Agreement, including the Architect's Fee Proposal dated September 24, 20I8, attached to this Agreement as Exhibit A, and any other exhibits that may be added by an amendment executed by the parties. The services include the provision of all labor, materials, equipment and supplies and include coordination with, and incorporating the needs of. other entities and public agencies as directed by Owner. § 0..3 Duration of Agreement, Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending at the completion of required scope of services, unless sooner terminated under the provisions hereinafter specified. Work under this. Agreement shall commence upon written notice by the Owner to the Architect to proceed. The Architect shall perform all services and provide all work product required. pursuant to this Agreement no later than March 15, 2019. unless an extension of such time is granted in writing by the Owner. § 0,4 Payment. The Architect steal l be paid by the Owner for completed work and for services rendered under this Agreement as follows: AIA Document U1fiA' 2Ci17. Copyright 01974, 1978, 1987,19S7, 2007 and 2017 by The American inslilute of Architects. Alf rights reserved. WARNING; This AiA•' document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law. This document was produced by AIA software at 20;41:44 on 09/25/2018 under Order No.2264341377 which expires on 08(30/2019, and is not for resale, User Notes: (1197885820) 188 init. A. Payment for the work provided by the Architect shall be made as provided in this Agreement, provided that the total amount of payment to the Architect shall that' exceed Two Hundred Ninety -Seven Thousand Nine Hundred Twenty -Nine Dollars ($297,929.00) without express writtenmodification of the Agreement signed by the Owner.. E. The Architect may submit vouchers to the Owner 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 Owner and, upon approval thereof, payment shall be made to the Architect in the amount approved. C, Final payment of any balance due the Architect of the total contract price earned will be made promptly upon its ascertainment and verification by the Owner after the completion of the work under this Agreement and its acceptance by the Owner. D. Payment as provided in this section shall be full conipensatltan fornvork perftatl etl, setvi es rendered. and for all materials, supplies, equipment and incidentals necessary to complete the work_ E. The Architect's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the Owner and the state of Washington for a period of three (3) years after final payments.. Copies shall be made available upon request, § 0.5 Compliance with Laws. The Architect shall, in performing file 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. § 0,6 Indemnification, The Architect shall indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all injuries, damages, losses or expenses including reasonable attorney fees and litigation costs to the extent recoverable under applicable law, to the extent caused by the negligent acts, errors or omissions of the Architect in performance of this Agreement, except for injuries and damages caused by the sole negligence of the Owner, Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24,1 15, then, in the event of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Architect and the Owner, its officers, officials, employees, and volunteers, the Architect's liability hereunder shall be only to the extent attic Architect's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ARCHITECT'S WAIVER OF EMPLOYER IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 5I 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. § 0.7 independent Contractor. The Architect and Owner agree that the Architect is art 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 Architect nor any employee of the Architect shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The Owner 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 Architect, or any employee of the Architect. § 0.8 Inconsistent Provisions. In the event provisions of this Article 0 are expressly inconsistent with any other provision or exhibit of this Agreement, the provisions of this Article 0 shall prevail and take precedence. ARTICLE 1 INITIAL INFORMATION To apply only to design services, if added by amendment. § 1.1 This Agreement is based on the initial Information set forth below: (State below details of the Project's site and program, Ori ner°'s contractors and consultants, Architect 's consultants, Owner's budget jar~ the Cost of the Work and other in!orrnation relevant to the Project) AIA rlocumerrt t311r4T"' — 2017, Copyright® 1974, 1978, 1981', 3997, 200'7 and 2017 by The American Institute of Architects, All rights reserved, WARNING: This AIA" Document is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, luny result in severe civil and criminal penalties, and will be prosecuted t€r the maximum extent possible under the law, Thls document was produced by AIA software at 20:41:44 on 09/25/2018 under Order No.2264341377 which expires on 08r3012019, and is not for resale. User Notes: (1197886820) 189 Init. Initial Information is set forth in the attached Exhibit , [to he negotiatedi, which is incorporated by reference, Initial information is to include construction budget, anticipated design and construction milestones. Owner representatives. and Architect's consultants. §1.2 The Owner and Architect may rely on the Initial Information. Both patties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. §1,3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form, The parties will use ALA Document E203T"--2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. §1.3,1 Any use of, or reliance on. all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having, those protocols set forth in AlA Document E203Tm--20 13, Building Information Modeling and Digital Data Exhibit, and the requisite AlA Document G202TN-20 13, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services set forth in this Agreement consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.2 The Architect 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 Architect, its agents, representatives, or employees. A. Minimum Amounts and Scope of Insurance. Architect 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. .2 Commercial General Liability 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. Owner shall be named as an insured under the Architect's Commercial General Liability insurance policy with respect to the work performed for the Owner. .3 Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. .4 Professional Liability with limited of no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the architectural profession. B. Other Insurance Provision. The Architect's Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the Owner. Any insurance. AIA Document 8104T" — 2017. Copyright OD 1974, 1978, 1987. 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved.AIVARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Alk, Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:4144 on 09/25/2018 under Order No.2284341377 which expires on 08/30/2019, and is not for resale. User Notes: (1197808820) 190 self insurance, or insurance pool coverage maintained by the. Owner shall be excess of the Architect's insurance and shall not be contributed or combined with it. C. Acceptability. Insurance is to be placed with insurers with a current A.1M, Best rating of not less than A:Vii. D. Verification of Coverage. Architect shall furnish the Owner 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 Architect before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the Owner within fifteen (15) days of execution of this Agreement. E, Notice of Cancellation, The Architect shall provide the Owner 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 Architect to maintain the insurance as required shall constitute a material breach of contract, upon which the Owner may, after giving five business days' notice to the Architect 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 Owner on demand, or at the sole discretion of the Owner, offset against funds due the Architect from the Owner. § 2.3 Certificates of Insurance. The Architect shall provide certificates of insurtncc to the Owner that evidence compliance with the requirements in Section 2,2. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES — To apply only to design services, if added by amendment, § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this. Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on (I) the accuracy and completeness of the services and information furnished by the Owner and (2) the Owner's approvals, The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission. or inconsistency in such services or information, § 3.1.2 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.3 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furd by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3,2,2 The Architect shall prepare a preliminary evaluation ofthe Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of(1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. AIA Oocurxtent 104 z" a 2017. Copy AIA'' Document is protected by 11.S. portion of it, may result in severe civlf and c produced by AIA software at20;41;44 on 09f25/2 User Notes. 07 and 2017 by The American Institute of Architects. All ric9hts reserved. WARNING: This and International Treaties. Urnauthorized reproduction or distr°gbution of this AIA" Document, or any nalties, and will be prosecuted to the maximum extent possible under rho law. This document was under Order No,2264341377 which expires on 0813012019. and is not for resale, 7888820) 5 191 taiL § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans. sections and elevations: and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. (Paragraphs deleted) § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program. schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. § 3.2,6 The Architect shall review the cost consultant's estimate of the Cost of the Work prepared in accordance with Section 6,3 prior to submitting the estimate to Owner. § 3.2.7 The Architect shall submit the Schematic esign Documents to the Owner, and request the Owner's approval. § 3,3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents. and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval, The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems. and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall review the updated estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval prior to submitting the estimate to the Owner. § 3.4 Construction Documents Phase Services g 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work, The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.64. (Patagraphs deleted) § 3.42 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. (Paragraphs deleted) AIA Document B104'"— 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, WARNING: This AIA'Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIN" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIR software at 20:41:44 on 09/25/2018 under Order No,2264341377 which expires on 08/30/2019, and is not for resale. User Notes: (1197888820) 192 'nit, § 3,4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shah also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may illolude bidding requirements and sample forms, (Paragraphs dleletecl) § 3,4.4 The Architect shall review and provide written comment to the cons -1 cost estimate produced by the Architect's estimating consultant or GCCM, including scope of work missing from the estimate. The Architect shall provide written concurrence that the estimate reflects the construction documents produced by the Architect. The Architect shall have seven (7) days to review and provide comments to the estimate from the date the estimate is received, This scope also applies to intermediate construction document submittals. (Pardfgraph,s deleted) § 3.4.5 The Architect shall submit the Construction Documents, along with a written statement that the Owner's design development comments have been incorporated into this submittal, to the Owner, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors, Following the Owner's approval of the. Construction Documents, the Architect shall assist the Owner in (I) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding. § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3,5,2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; ..2 or:anizing and conducting a pre -bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall consider requests for substitutions and prepare arf1 1 distribute addenda identifying approved substitutions to all prospective bidders § 3.5,3 Negotiated Proposals § 3.5.3.1 Proposal. Documents shall co.proposalrequirements and proposed Contract Documents. § 3.5.3,2 The Architect shall assist the Owner in obtaining proposals by: .1. facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5,3.3 if the Proposal Documents permit substitutions, upon the. Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved AIA Document 8104T"— 2017. Copyright© 1974, 1978. 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and wilt he prosecuted la the maximum extent possible under the law. This document was produced by NA software at 20:41:44 on 0912512018 under Order No.2264341377 which expires on 08/3012019. and is not for resale. User Notes: 11197888820) 7 193 substitutions to all prospective contractors § 3,6 Construction Phase Services § 3.6,1 General § 3,6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the construction agreement between the Owner and Contractor ("Construction Agreement"). Construction administration services in excess of those contemplated below and in the Construction Agreement will be performed as Additional Services. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's thilure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2, the Architect's responsibility to provide Construction Phase Services commences with the award of the Construction Agreement and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 42,2 to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (I) known deviations from the Contract Documents. (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect will consult with the Owner concerning the advisability of rejecting Work that is observed to be out of conformity with the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors. suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of. the Contract Documents on written request of either the Owner or Contractor, The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. (Paragraphs deleted) § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.. § 3.6.2.5 The Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. AIA Document B104", — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects, All rights reserved, WARNING; Tins MIL AlA4 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Alk" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was i produced by AiA software at 20:41:44 on 09/25/2018 under Order No.2284341377 which expires on 08/30/2019, and is not for resale. User Notes: (1197888820) 194 init. § 3.6.3 Certificates for Payment to Contractor § 3,6.3,1 The Architect shall review and certify the amounts due the Contractor and shalt issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the. Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified, The foregoing representations are subject to (I) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) made exhaustive or continuous on -site observations or inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3,6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3,6.4 Submittals § 3.6,4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule, The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment. to permit adequate review. § 3.6.4.2 The Architect shall review and approve, reject, or take other appropriate action, upon the Contractor's submittals such as Shop Drawings, Product Data and Samples., but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or any construction means, methods, techniques, sequences or procedures. The Architect's review of or approval of a specific item shall not indicate review or approval of an assembly of which the item is a component. § 3.6.4.3 if the Contract Documents specifically require the Contractor to provide professional design services or 'cations by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4,4 The Architect shall review and respond to written requests for 'information about the Contract Documents, The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information. shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. if appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.5 Changes in the Work § 3.6.51 The Architect may order minor changes in the Work that are consistent witl'1 rile intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time, Subject to AIA Document. B104"' 2017. Copyright it11974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA', Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:41:44 on 09/25/2016 under Order No.2254341377 which expires on 08/30/2019, and is not for resale. User Notes: (1197886620) 9 195 Init. Section 4,23, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records„ written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents, § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check the general conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work, § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (I) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6,5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion. the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.0 Additional Services for Phase I of the Project are identified in Exhibit A. The Architect may provide these Additional Services after execution of this Agreement without invalidating the Agreement, Upon recognizing the need to perform Additional Services, the Architect shall notify the Owner, or the Owner shall notify the Architect, as appropriate. The Architect shall not provide the Additional Services until the Architect receives the Owner's written authorization. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.0 shall entitle the Architect to compensation pursuant to Section 11.3, Sections 4.1 through 4.2.4 will apply to Design Services, if added by amendment: § 4.1 Supplemental Services are not included in Basic Services but may be required for the Project. The Architect shall provide the Supplemental Services indicated below, and the Owner shall compensate the Architect as provided in Section 11.2. Supplemental Services may include programming, site evaluation and planning, environmental studies, civil engineering, landscape design, telecommunications/data, security, measured drawings ol'existing conditions, coordination of separate contractors or independent consultants, detailed cost estimates, on -site project representation beyond requirements of Section 4.22, value analysis, interior architectural design, tenant related services, preparation of record drawings, commissioning, sustainable project services, and any other services not otherwise included in this Agreement. (Men* below the Supplemental Services that the Architect Ls' required to provide and insert a description of each Supplemental Service, if not lirrther described in an exhibit attached to this document) The table of responsibility for and description of Supplemental Services are set forth in the attached Exhibit [to be negotiated], which is incorporated by reference. § 4.2 The Architect may provide Additional Services after execution of this Agreement without invalidating the AIA Document B1041" — 2017. Copyright 01974, 1978, 1957, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 10 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 20;41;44 on 09125/2018 under Order No.2264341377 which expires on 08/30/2019, and is not for resale. User Notes: (1197888820) 196 init. Agreement. Upon recognizing the need to perform Additional Services, the Architect shall notify the Owner. The Architect shall not provide the Additional Services until the Architect receives the Owner's written authorization. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4,.2 shall entitle the Architect to compensation pursuant to Section 11,3. § 4.2,1 The Architect shall provide services necessitated by a change in the Initial in, ion, changes in previous instructions or approvals given by the Owner, or a material change in the Project including size: quality; complexity; the Owner's schedule or budget for Cost of the Work; or procurement or delivery method as an Additional Service, § 4.2.2 The Architect has included in Basic Services to he negotialed ( ) visits to the site by the Architect dud construction, The Architect shall conduct site visits in excess of that amount as an Additional Service. § 4,2.3 The Architect shall, as an Additional Service, provide services made necessary by a Contractor's proposed change in the Work, The Architect shall prepare revisions to the Architect's instruments of Service necessitated by Change Orders and Construction Change Directives as an. Additional Service. § 4.2,4 If the services covered by this Agreement have not been completed within to be negotiated ( ) months ttf the date of this Agreement, through no fault of the Architect. extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES — To apply only to design services, if added by amendment. § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (I) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs, The Owner shall update the. Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall furnish surveys to describe physical characteristics. legal limitations and utility locations for the site of the Project.; a written legal description of the site; and services of geotechnical engineers or other consultants, when the Architect requests such services and demonstrates they are reasonably required by the scope of the Project. § 5.4 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.5 The Owner shall furnish tests. inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests; tests for air and water pollution; and tests for hazardous materials,. § 5.6 The Owner shall furnish all legal, insurance and accounting services, including auditing ses, that maybe rvice reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service, § 5.8 The Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out or relating to the Contract Documents. AIA document B104f0'— 2617.. Copyright ©1974, 1975, 1987. 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, WARNING:, This AIA = raoearnent is protected by U.S. Copyright teaw and International Tre, toes„ Unauthorized reproduction or distribution of this AIA" Document, or any 11 portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:41:44 on 09/25/2018 under Order No_2264341377 which expires on 08/30/2019, and is not for resale. User Notes: 0197888820) 197 Init. § 5,9 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.10 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK — To apply only to design services, if added by amendment. § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner, and all other items included in the definition of MACC in RCW 39.10.210(1 I)), The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Any evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work provided by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding. market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6,3 The Architect will provide the services of a professional estimating consultant as an Additional Service. In preparing estimates of the Cost of Work, the Architect's consultant shall be permitted to include contingencies for design, bidding and price escalation: to determine what, materials, equipment, component systems and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's consultant's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, it' identified as the Architect's responsibility in Section 4.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, construction procurement activities have not commenced within 90 days after the Architect submits the Construction Documents to the Owner the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 if at any time the estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recomtnendations to the Owner to adjust the Project's size. quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's current budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget For the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5: .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work: or ,5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to moditY the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost ofthe Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section I 13; otherwise the Architect's services shall AIA Document B104," — 2017. Copyright0 1974, 1970, 1987,1997,2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING. This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA,' Document, or any 12 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AtA software at 2041:44 on 09/25/2018 under Order No,2264341377 which expires on 08/30/2019, and is not for resale. User Notes: (11978886201 198 Init. be without additional compensation. in any event.'. Architect's modification ofthe Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 Upon the making of final payment to the Architect, the Owner shall receive ownership of rate property rights, including copyrights, of all documents, drawings, specifications, electronic data and information ("Documents") prepared, provided or procured by the Architect or by consultants retained by the Architect for this Project. If requested to do so by the Owner, the Architect shall assign its copyrights to Owner and execute all other documents necessary to give effect to this section„ The transfer of such ownership to the Owner shall not prevent the Architect or its consultants from using or replicating an individual standard feature and functionally -required element shown in the Documents or to retain electronic data or other reproducible copies of the Documents or the right to reuse information contained in them in their normal course of business and the Architect shall have a non-exclusive license to so use the documents. The Architect and its consultants shall be deemed the authors of such Documents, and shall be given appropriate credit in the public display of such Documents. The transfer of ownership of the Documents to the Owner provided for herein shall not be deemed to be a sale of goods by the Architect, and the Architect makes no warranties, express or implied, of merchantability or fitness for a particular purpose as provided for by RCW 62A.2 et seq. § 7.2 If this Agreement is terminated, the Owner shall receive ownership of the property rights of the Documents upon payment of all sums due, at which time, the Owner shall have the right to use, to reproduce and to make derivative works from the Documents to complete the Project. If this Agreement is terminated for default, the Owner is entitled ownership rights upon such notice of termination to the Architect. Architect agrees to assign all copyrights to Owner as necessary to effectuate this Article. § 7.3 The Owner may use, reproduce or make derivative works from the Documents for subsequent renovation and remodeling of the Project, but shall not use, reproduce or make derivative works from the Documents for other projects. The Owner's use of the Documents without the Architect's involvement or on other projects is at the Owner's sole risk. § 7.3.1 This section is only to apply only to design services, if added by amendment: in the event the Owner uses the instruments of Service without retaining the authors of the Instruments of Service, following termination of this Agreement when the Architect is not in default, or following completion of the Architect's performance under this. Agreement, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses, but only to the extent damages could have been reduced or avoided had the author of the Instruments of Service been retained with respect to the use. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by arty third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 The Architect shall obtain from given by the Architect to the Owner it § 7.5 The provisions of this Article 7 shall stir a , property rights and rights of use that correspond to the ement, he termination of this Agreetrtent. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of a.ction against, the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than I a years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8,1,.1, § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other, for damages, except such rights as they may have to the proceeds of such insurance as set forth in the Construction Agreement. The Owner or the AIA, Document 8104"'— 24'd7, Copyright0 1974, 1978, i987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U„S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AM' Document, or any portion or it, may result in severe civil and criminal penalties, and will be prosecuted to the ma tiraurm extent possible under the law. This document was produced by AbA software at 20,41:44 on 09/25/2018 under Order No.2264341377 which expires on Il8f3012019, and is not for resale. User Notes: (1197888820) 199 Init. Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them. similar waivers in favor of the other parties enumerated herein, § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.6. § 8,2 Mediation § 8.2.1 Any claim, dispute or other matter in quest direct negotiations per Section 12,1 then mec matter relates to or is the subject of a lien arisi accordance with applicable law to comply wit! mediation or by binding dispute resolution, g out of or related to this Agreement shall be subject to s a condition precedent to binding dispute resolution. If such It of the Architect's services, the Architect may proceed in. c or filing deadlines prior to resolution of the matter by § 8.2.2 If direct negotiations fail to resolve any dispute between the parties, the Owner and Architect shall endeavor to resolve claims, disputes, and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction lndustty Mediation Procedures in effect on the date of this Agreement. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof, § 8.2,3 If the parties do not resolve a dispute through median dispute resolution shall be the following: (Cheek the appropriate box.) [ ] Arbitrati pursuant to this Section 8.2, the method of binding pursuant to Sectictit 8.3 of this Agreement [ X ] Litigation in a court of con113etetlt jurisdiction [ ] Other, (Specify) f the Owvner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in ing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent iction. § 8,3 [Intentionally omitted] (Paragraphs deleted) § 8.4 The provisions of this Article 8 shall survive tale tet°tn➢nation ttf this A ARTICLE 9 TERMINATION OR SUSPENSION § 9,1 if the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement, If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services, Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services, The Architect's fees for the remaining services and the time schedules shall be equitably adjusted, § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be cotsaled for expenses incurred in the AIA Document B1041° -- 2017. Copyright 5t1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights resexv d. GwARNING: This AIAfi' Document is protected by u,S. Copyright.Law and International Treaties, Unauthorized reproduction or distribution of this AIA' tlo urnent, or any 14 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 20:41:44 on 09/25f2018 under Order No,2264341377 which expires on 08130/2.019,'and is not for resale, User Notes: (1197888820) 200 Init. interruption and resumption of the Architect's services, The Architect's fees for the remaining service schedules shall be equitably adjusted. § 9.3 If the Owner suspe Architect, the Architect sect for more than 90 cumulative days for reasons other than the fault o irate this Agreement by giving not less than seven days' written notice. e it § 9.4 Either patty may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terrslit<ate'this Agreement upon not less than Owner's convenience and without cause. wen days' written notice to the Architect for the § 9.5.1 In the event of the death ofa member, partner° or officer of the Architect, or any of its supervisory personnel assigned to the project, the surviving members of Architect hereby agree to complete the work under the terms of this Agreement, if requested to do so by the Owner, This section shall not be a bar to renegotiations of this Agreement between surviving members of the Architect and the Owner, but only if the Owner so chooses, § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set firth below the amount of any terminal orl or licensing,Jce„ or the method „far dc/crnlrrlael crony ter'rrrrra rtiion or licensing fee.) .1 Termination Fee: None ,2 Licensing. Fee tf the Owner intends to continue using the Architect's Instruments of Service: None. § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from tine date of Substantial Completion. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be subject to, and the Architect shall at all times comply with, all applicable federal, state. and local laws, regulations, and rules., including the provisions of the City ofTukwila Mitnlicipal 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. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court, § 1t1.2 Terms in this Agreement shall have the same nieanh in the Construction Agreement, then in the AIA Docutnen Construction. se in the Construction Agreement, or if not defined 2017, General Conditions of the Contract for § 14.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and le�al representatives to this Agreement. Neither the Owner:nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. AlA Document B104T" ®2017. Copyrights 1974, 1978, 1987. 1997, 2007 and 2017 by rareArseInc AIA'> Document is protected by U.S. Copyright Law and international Treaties. UnauthotiZed re portion of it, may result in severe civil and criminal penalties, and will he prosecuted to t produced by AlA software at 20:41;44 on 09125/2018 under Order No.2264341377 which expires on User Notes: ute of Architects. All rights reserved, WARNING: This oduction or distribution of this AIA' Document, or any 15 nt possible under the law. This document was rid is not for resale, (1197888820) 201 § 10,4 If the Owner requests the Architect to execute certificates or consents, the proposed language of such certificates or consents shall he submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates or consents that would require knowledge„ services or responsibilities beyond the scope of this Agreement. § 10,5, Nothing contained in this Agreement shall create a contractual relationship with, or a cause ofaction in'favorof, a third party against either the Owner or Architect. § 10.6 The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have' the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. However, the Architect's materials shall not include information the Owner has identified in writing as confidential or proprietary, The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement, ARTICLE 11 COMPENSATION. § 11.1 For the Architect's Basic Services described under Article , the Owner shall compensate the Architect as follows;. Stipulated Sum (insert amount) (insert per c entcare lacrltrc.) ( ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. Other (Describe the method of compensation) On an hourly basis, according to the hourly rates stated in Exhibit A, up to and not to exceed a. maximum amount of Two Hundred Ninety -Seven Thousand Nine Hundred Twenty -Nine Dollars ($297,929.00). § 11,2 For Supplemental Services identified in Section 4. (Inset- czaaaount of or basisin,. compensation, Ifne'cesscv compensation cappI,j ) There are no Supplementa 'or Phase I, he Owner shall compensate the Architect as follows: lis°t slat ctf is sc rlvlccs to 1 i,hlcla particular methods of § 11.3 For Additional Services that may arise: dut itag the course of the Project, including those under Section 4,2, the Owner shall compensate the Architect as follows: (insert amount of or basis for, compensation.) Additional Services and their corresponding costs are stated in Exhibit A. Init. ACA Document R704'� 2017,, Copyrights 1974,'1978, 1987', 1997, 2007 and 2017 by The American Institute of Architects, All rights reserved, WARNING: This AIA,, tiperamonf.is protected by U,S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA:' Document, or any 16 portion of it, may result in so+vero civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was 1 produced by AIA, software at 20,41:44 on 09/25/2018 under Order No.2264341377 which expires on 08r3012019, and is not for resale, User Notes: 0197880820) 202 § 11,4 Compensation for Stipplem Section 1 1.2 or 11.3. shall be the and Additional Services of the Architect's consultants when not included in nut invoiced to the Architect plus percent ( %). or as follows: The amounts stated as the costs for Additional Services in Exhibit A include Architect mark-up.. § 11,5 Where compensation for Basic Services is based on a.stipuiated sum or percentage of the Cost of the Work, tl compensation for each phase of services shall be as follows; [per state schedule] -- may be used for design services„ added by amendment: Schematic Design Phase Design Development Phase Construction Documents Phase. Design Phase Construction Phase _Post Occupancy Phase Total Basic Compensation fifteen percent ( 15 %) twenty-five percent' ( 25 %) thirty-four percent ( 34 %) four percent ( twenty-two percent two percent one hundred 4 %). 22 %) 2 %) 10© %} § 11,6 When compensation identified in Section I l .l is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the. Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall he payable to the extent services are perforated ©n those portions, The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11,7 The hourly billing rates for services of the Architect and the Architect's consultants, if'any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants` normal review practices. (ifapplicable, attach an exhibit of hourly billing rates or insert there helorrt,) Hourly rates are stated in. Exhibit A. Employee or Category Rate § 11.8 Compensation for Reimbursable Expenses § 11,8..1 Reimbursable Expenses include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents. .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography. and presentation materials requested by the Owner or required for the Project; Expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally maintained by the Architect and the Architect's consultants; ,9 All taxes levied on professional services and on reimbursable expenses;. .10 Site office expenses; and ,11 Other similar Project -related expenditures. Intt. AIA Document B104'" — 2017. Copyright401974, 1976, 1967, 1997, 20rr7 and 2017 by TheAmer,can Institute ofArchiteels. All rights reserved. WARNING; Tills AIA°r Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or riistrtbutton of this MA' Document, or any 17 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extant posstklte tinder the law. This document was t produced by AIR software Sr 20,41:44 on 09/25/2018 under Order No,2284341377 which expires on 08130/2019, and is not for resale, User Notes: (1197866820), 203 Init. § 11.8,2 For Reimbursable Expenses the compensation shall be the expenses inctTred by the Architect and the Architect's consultants plus ten percent ( 10 %) of the expenses incurred. The estimated reimbursable expenses for Phase I are Nine Thousand Four Hundred Sixty -Eight (59.468.00) and are included in the not -to -exceed amount identified in Section I § 11.9 Payments to the Architect § 11.9.1 initial Payment An initial payment of zero (S 0 ) shall be made upon execution of this tgtr ei under this Agreement. It shall be credited to the Owner's account in the final in and is the minimum payment. § 11.9.2 Progress Payments § 11.9.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to ser-vices performed, Payments are due and payable upon presentation of the Architect's invoice, Amounts unpaid forty-five (45) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate np"earraa°rrlrlti,^ or annual iittte➢rest agreed upon) 10% per annum § 11.9..2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.9.2.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows. (Include other terms cmc/ conditions applicable to ihis , l greemem.J § 12.1 Direct Negotiations. As a condition precedent to mediation and litigation, the Owner or the Architect shall attempt to resolve all disputes via direct negotiations. Either the Owner or the Architect may retake a request for direct negotiations.Direct negotiation representatives of the parties shall be the Owner's Designated Representative, as defined in Section 1.1.8 and the Architect's Designated Representative, as defined in Section 1,1.10. Direct negotiations shall take place at the Project worksite or at a location as agreed to by Owner's and Architect's Designated Representatives. Each party shall document results of the direct negotiations. and these documents shall be exchanged between the parties. § 12.2 Covenant Against Contingent Fees. The Architect warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Architect, to solicit or scenic 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 Architect,. 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 Owner shalt 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 hill amount of such fee, commission, percentage. brokerage fee, gift, or contingent fee. § 12.3 Discrimination Prohibited, The Architect, 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. § 12.4 Assignment. The Architect shall not sublet or assign any of the services covered by this Agreement without the express written consent of the Owner. AIA Document t3iO4'"— 2017. Copyrightr5 t0i4, 197$ 1987, 1907, 2007 and 2017 by The American Institute of Architects, All rights reserved, WARNING, This AIA,, ©acument is protected by U,s, Copyr✓,ght traw anti trtterneticwtlal Treaties_ Unauthorized reproduction or distribution or this AIA" Document, or any 18 portion of it, may result on severe civil and criminal p analties, and will he prosecuted to the maximum extent possible under tho tatty, This document was produced by AIA software at 20:41;44 on 09/25T20'i8 under Order No.2264341377 which expires on 0813012019, and is not for resale, User Notes: (1197888820) 204 Init. § 12.5 Non -Waiver. Waiver by the Owner of any provision of is Agreement or any time tl.inlitation provided for in this Agreement shall not constitute a waiver of any other provision. § 12.6 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. § 12.7 Notices. Notices to the Owner shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Architect shall be sent to the following address: SI-IKS Architects, P.S•, Inc. 1050 N 38th Street Seattle WA 98103 Attn: Adam l'-lutschreider, Principal § 12.6 Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the Owner and the Architect 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. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or aagrreements, either written or oral, This Agreement may be amended only by written instrttrttent signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 :AIA Document B 104T_2©17, Standard Abbreviated Form of Agreement Between Owner and Architect .2 MA Document f 203'r"1-20l3, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the dale of the 1 203-2013 incctrporated into ibis agrWerrrc nt.) Exhibits: (Clearly identifj, air) in Sectian 4.1.) Exhibit A: SI-KS Archi exhibits incor,pnr•ated into ibis 4gr posal. dated September 24, 2018 hlhils identified .4 Other documents: (List other documents, (funk, including additional scopes of stales fat'aaring part of he :4greement) • Report from Wagner Architects • Phase 1 and 2 Environmental Site Assessments • Geotech report A Document t?"t04'" — 2017. Copyright tfa 1974, 1978, 1967, 1997, 2007 and 2017 by The American Institute of Architects. All righ AtArr Documental protected by U.0_ Copyright Law and International Treaties. Unauthorized reproduction or rllstribu" portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possihre under the law, T produced by AIA software at 20:41:44 on 09/25/2018 under Order No.2264341377 which expires on 08130/2019, and is not for resale, User Notes: 205 Init. • Building Condition Assessments * As -built documents from building owners • Existing Stor1'rrwater Pollution Prevention. Plan SWPP information • Existing building drawings for existing CoT Public Works buildings/property - George Long and ler Shops nforination - Employee counts (Division/Group breakdown, matrix), equipment/fleet (quantity, size), future staff and equipment projections • Space needs assessments ■ Sustainability goals/requirements • Sound transit easement * Century Link easement • Shoreline setback memo This Agreement entered into as of the day and year first written above. OWNER ('igncaturc) ARCHITECT (Signature) d name and title) nse orrrrrhev,r°cc/raiired) AIA Document B104," — 2017, Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Alf rights reserved. WARNINCt Tiwis AIA'' Document is protected by U.S. Copyright Law and rnational Treaties. Unauthorized reproduction or distribution of this AIA,' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law„ This document was produced by AIA software at 20:41 44 on 09/25r2018 under Qrder No.226 341377 which expires on 08/30/2019, and is not for resale, User Notes: (1197888820) 206 Fee Proposal Project Name Date Submitted EXHIBIT A CITY OF TUKWILA PUBLIC WORKS September 24, 2018 SHKSARCHITFCTS Revision Number: PROJECT UNDERSTANDING The overall scope of service includes master planning and programming for the City of Tukwila Public Facility. SCOPE OF SERVICES & DELIVERABLES 1 Master Planning and Programming • Kickoff meeting with City of Tukwila Public Works and ShielsIObletzPohnsen (SO scope and purpose of the facility • Review existing site and program information and background documentation • Conduct up to (16) meetings with the Public Works Owner Team • Conduct up to (2) site visits to the future Public Works Facility site • Wetland and ordinary high water mark delineation, including sketch and wri • Conduct up to (12) programming meetings with the Group Leaders • Conduct up to (2) site visits/observational tours of existing public works facilities • Prepare a program document to include up to (6) public works divisions • Prepare (3) preliminary concept test -to -fit diagrams, including phasing and cost plan. • Prepare (1) preferred test -to -fit diagram, including phasing and cost plan • Prepare a Draft Master Plan Report for Owner review • Prepare a Final Master Plan Report for Owner review n :o port orks ablish 2. Building Condition Assessment • Review existing building condition assessments and available information • Update building condition assessment and evaluate Heiser Building for renovation potential ■ Evaluation to include: seismic, mechanical, electrical, civil, envelope, landscape • Evaluate code required upgrades based on potential scope of work MAXIMUM ALLOWABLE CONSTRUCTION COST (MACC) The anticipated maximum allowable construction cost (MACC) for the project is unknown and will be determined as a part of this study, FEE For Master Planning and Programming services, we propose to consult on an hourly basis up to an estimated maximum of $297,929, We will request your authorization should additional services be needed beyond this amount, unspent time will not be billed, Following Master Planning and Programming services, we will prepare a fee proposal for design services based on the established MACC. 207 SHKSARCH ITECTS ADDITIONAL SERVICES The following additional services may be selected and included with the Fee listed above. Costs below include markup. Shoebox Energy Modeling (Hargis. Engineers, Inc.) Development of prototypical building models. Includes establishing a baseline building energy models and analysis of alternative envelope and energy systems. These models will analyze three envelope, HVAC and lighting systems alternates which will be translated into a summary of the energy consumptions and cost re Li for each alternate. $19,800 Traffic Impact Analysis and Design Support (Heffron Transportation) $44,770 Conduct a Traffic Impact Analysis including evaluation of existing site characteristics, transportation impacts, trip generation, and parking impacts. In addition, on -call design support may be provided to assist in evaluation of site entrances, exits, internal circulation and traffic control. RATES Hourly rates shall be used when a portion of the Architect's fee is to be charged on an hourly basis or if the Architect is requested to perform additional services, Rates are hourly, in accordance with the rates stated in Exhibit A, attached. The Architect shall receive prior authorization from the Owner prior to any additional services, SCHEDULE Pre Design 10/1/2018 through 3/15/2019 EXPENSE_ S Expenses in addition to compensation for Master Planning and programming services include expenses incurred by the Architect directly related to the Project. Expense costs to be reimbursed by the Client may include but are not limited to the following: printing, courier fees, mileage, permit fees, other fees, presentation materials, models, visualizations, and photography. The Architect shall seek prior authorization from the Owner for these expense costs. For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect plusTen > percent a<1 d % of the expenses incurred. The estimated reimbursable expenses for this project are $9,468. This estimate is included in the fee listed above. 208 City of Tukwila Public Works Facility Master Plan Workplan 9/24/2018 0 Item 0.1 I 02 MAS RP PHASE/TASK N AND PROGRAM Administration Consultations, correspo Document Review Collect and review avatlable protectinfo i ViSit luWie silo Asa Visry and obs rve existing IC5l with Permit .,Purntii led verttem and c uf5'Sg's 2 site vises) A N Moorings and Coordination +ari Client P4"y Owners Team meetings fasts r es t00, rncfudirtg nd Programming meetings faveurrtes 12 IS 2hrs aa.l, dncl d Architectural Dee r e d Pwcsgnaatrmtrag { Develop and rargeniae Prradra iTelinerrterit of d'sagd 0.7 onto C tFoit PresentaR' lit: Sdung. 0,9 me Preferred Alternate pdate sehedulin onceptual 11ud9 Coordinate and review co rablishment. of Life Cycle C arrant Architecturai Service- s T L IConsu§tent Services 'Civil t.andsCap� Structural Mechanic Mechanic Electrical Traffic imu E.nviranm Snaebov Energy Model Telecom x Analysis and Design Support Environmental,,,, Archaeologist/Cultural Resod/ 'Cost Subtotal Consultart Mscell nacus Oiled Expanses Total Consultants, Expenses, Markup P€Ci PM AH 16 Sia,0500 _ 545,250, P PA PA/ SHKSARCHITECTS A Tl 40. 201 4,01 72 602 70©T— S1001____w_. 585I 'S'60,200 _...,p 59,500 _$180.0 Total 201 2 000 N/A Hellion N/A Watershed S6.S05 had ivvedand delineationI 52,79"0 ��.... S16.02f1 $100,906 0`a S10,091 rely 5'9' of PC3 Architectural Fee S9,000 ... 119,997 MASTER PLAN AND PROGRAMMING TOTAL $299,997 209 210 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes October 1, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers° Kathy Hougardy, Chair; Dennis Robertson, Thomas McLeod Staff: David Cline, James Booth, Vicky Carlsen, Leon Richardson, Eric Dreyer, Bruce Linton, Jay Wittwer, Henry Hash, Rachel Bianchi, Laurel Humphrey Guests: Justine Kim, Shiels Obletz Johnsen; Steve Goldblatt, Public Safety Plan Program Management Quality Assurance Consultant; Erica Loynd, DLR Group CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Grant Acceptance: National Criminal History Improvement Staff is seeking Council approval of a grant acceptance agreement with the Washington State Patrol to accept grant funding in the amount of $70,405.84 for continuation of the Disposition Research Specialist position. This position corrects errors caused by incompatibilities with the SCORE facility record system, and the funding requires a 10% match of $7,040.58. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 15, 2018 REGULAR CONSENT AGENDA. B. Justice Center Design Development Staff is seeking Council approval to proceed with the "Construction Documents" phase of the Justice Center project. The Design Development phase is now complete and the budget has been crosschecked and reconciled at the $68.5 million dollar budget previously approved by Council. Ms. Loynd, the lead architect on the project, reviewed the final design drawings with the Committee. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 8, 2018 COMMITTEE OF THE WHOLE. C. Contract: Public Works Architect and Engineering Services for Public Safety Plan* mm Staff is seeking Council approval of a contract with SHKS Architects in an amount not to exceed $365,000 for the design and programming of the Public Works facilities in the Public Safety Plan. The total amount includes a $65,000 contingency, so the contract itself is not to exceed $299,997. Programming and Master Planning is needed to identify current and future space needs and match functionality to existing spaces. Mr. Goldblatt stated that it is important for the Master Plan to be in place before moving forward. The Public Works project is different than a fire station or justice center because it is combining facilities as well as using existing buildings. The City needs more information in order to move forward. 211 Public Safety Committee Minutes October 1, 2018 After completion of the master planning and programming phase, the contract will be amended to move into the next phase, which is likely Rehabilitation and Tenant Improvements of the existing buildings. The scope, budget and schedule of this phase will be unknown until site acquisition and the master planning and programming phase are complete. Councilmember McLeod asked what would happen if this step wasn't approved, and staff stated that the project would be paused. Ms. Kim stated that if the Council wishes to pause the Public Works project, it would make more sense to do so after the Master Plan is complete. Mr. Goldblatt stated that this is a good investment and recommends the Council move forward. FORWARD TO OCTOBER 8, 2018 COMMITTEE OF THE WHOLE. D. 2019-2020 Biennial Budget: Staff presented proposed budgets for the following funds and departments: Drug Seizure (Fund 109) This fund was established to account for revenues resulting from the proceeds of property and money forfeited as a result of their involvement with criminal drug activity. Revenues are impossible to predict and are budgeted at $55,000 in 2019 and 2020. The Committee asked for examples of expenditures associated with this fund as well as the amounts that were budgeted for 2016 and 2017. Fire Department The proposed budget anticipates lower levels of overtime and increases budget for radio replacement costs and apparatus. Capital outlays of $200k per year were added to upgrade the keyless locking "Knox" system. Councilmember Hougardy asked why the Fire Department had so many programs identified and staff replied it is the nature of the department. Public Safety Plan (Fund 305) and City Facilities (Fund 306) Staff returned with the requested table comparing cost estimates for Station 54 both before adoption of the D-20 financing plan and after, including the soft costs absorbed by Stations 51 and 52. Councilmember Hougardy asked about the plan to project the costs of rehabilitation Station 54. The Committee will be presented three fee proposals at the next Committee meeting. FORWARD TO OCTOBER 8, 2018 COMMITTEE OF THE WHOLE. E. Police Department Vehicle Purchase Staff is seeking Council approval to approve the purchase of four vehicles in the total amount of $268,000 for the four Tukwila Valley SWAT (USWAT) team members that do not have vehicles assigned to them. The lack of vehicles results in these members being delayed in their response to critical incidents, as they have to respond to the station first or wait to have their equipment brought to the scene. The Police Department budget has enough savings from 2018 to cover the cost of the vehicles and the equipment installation. An initial purchase order has been made to reserve the four vehicles as they were the last four that would have been available to any city in Washington. The purchase process can be halted depending on Council action. Councilmember Robertson expressed concerns about this expenditure at a time when the City is facing budget pressures. Chair Hougardy said it would be good to know if there were other 212 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by May 1r review Council review 10/22/18 BD pt , 11/05/18 BD ITEM INFORMATION ITEM No, 5.C. STAFF SPONSOR: BILL DEVLIN ORIGINAL AGENDA DATE: 10/22/18 AGENDA IlENI TITLE Automated safetycamerapilot project and corresponding ordinance CATEGORY Discussion 10/22/18 E1 Motion Mtg Date El Resolution AN Date Ordinance E Bid AN Date Award Ej Public Hearin/ Mg Date E] Other Aftg Date Alzg Date Mtg Date 11/5/18 SPONSOR LICouneil Major EFIR LIIDCD LIFiname ETtre LIPS DP&R Cowl 0 Poltce P Si) ONtioie s The Council is being asked to consider and approve the automated safety camera program SUMMARY and the corresponding ordinance. REVIEWED BY 0 C,O,W, Mtg. II] Trans &Infrastructure DATE: 10/15/18 E CDN Comm Ej Finance [1:1 Parks Comm. Comm. CHAIR: HOUGARDY II Public Safety Comm, • Arts Comm. E] Planning Comm, COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. co:Am' Police nu,. Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $ Fund Source: Comments: No Upfront Costs MTG. DATE RECORD OF COUNCIL ACTION 10/22/18 Forward to next Regular Meeting with additinnal infnnnation MTG. DATE ATTACHMENTS 10/22/18 Informational Memorandum dated 10/10 8 Powerpoint Presentation Ordinance Automated Safety Camera RCW/Timeline Handout from10/15/18 Public Safety Com. meeting Minutes from the Public Safety Corn. meeting of 0 8 11/5/18 Info Memo with additional information as requested, Powerpoint. Draft Ordinance 213 214 WAA 6,1'4 TO: FROM: BY: City of Tukwila INFOR AT 0 A Public Safety Committee Bruce Linton, Chief of Police Bill Devlin, Sergeant Traffic Division CC: Mayor Ekberg DATE: 10/30/2018 SUBJECT: Automated Safety Camera Pilot Project Presentation E 0 RANDU Allan Ekberg, Mayor ISSUE Increase public safety on the city roadways through enforcement and education using automated red-light cameras. BACKGROUND The most prevalent complaint from our residents is speeding on our arterials and neighborhoods. Our traffic Division has a difficult time keeping up with the increased call for enforcement. In addition to leveraging this technology for increased efficiency, studies have shown that red light cameras will make the city streets safer by reducing red light running violations. They are currently used in King, Pierce, Snohomish, Spokane, and Chelan counties. Here in King County there are programs in Bellevue, Des Moines, Federal Way, Issaquah, Kent, Lake Forrest Park, Mercer Island, Renton, and Seattle. ANALYSIS Red light running nationally causes hundreds of deaths, tens of thousands of injuries and billions of dollars in property damage. A driver runs a red light about every 20 minutes and more frequently during peak times. Studies show that automated safety cameras have reduce red light running, which in turn reduces the potential serious injury right angle collisions. They educate the public and that education has a spillover effect to the non -camera intersections. They will assist with increased traffic flow and increase the safety of police officers. The camera systems will assist with better tracking of intersection statistics such as traffic flows, number of vehicles, peak hours of the days, number of collisions, and tickets issued in these intersections. They will provide more efficient service with no additional FTE's. The Police, Prosecutor, City Attorney, Public Works, and the Tukwila Municipal Court supports the program. Studies show that nationally a high percentage of the public is in favor of automated red-light cameras and the Tukwila Police Department has reached out at community meetings and through social media to verify support in our area. PROPOSED INTERSECTIONS The proposed intersections for the pilot project were analyzed using collision data, projected violations, layout and potential design difficulty for the cameras system placement. The following proposed intersections are as follows: Boeing Access at Martin Luther King Jr (Southbound and Eastbound - WSDOT), Southcenter Parkway at Strander Blvd (Northbound and Westbound), and Grady at Interurban Ave South (Eastbound and Westbound -WSDOT). Companies such as ATS has worked with WSDOT intersections. The Red -Light vendors will do the installations, that is the normal business model. Signage is required by the RCW and the City will install and maintain them at their expense (vendors will provide the technical assistance with the recommending placement). The cameras have a minimal power draw and will utilize 215 INFORMATIONAL MEMO Page 2 existing power. If power is not available, the vendor will bring power in and that power will then be available for other city users, These requirements are all part of the contractual agreement. PUBLIC RECORDS REQUESTS AND RETENTION Public records requests are forwarded to the city and the city can request needed information from the selected vendor. Images must be retained and accessible up through the exhaustion of the appeals process and then destroyed. VENDOR SELECTION The Police Department has drafted an RFP to select a suitable vender. The review and selection process will incorporate criteria based on experience and a broad level of Service focused on past successes in other jurisdictions. FINANCIAL IMPACT Considering normal Red-light and School Zone Cameras Vendor business models, there is no upfront cost, and the per camera, per month charge quoted is estimated at $4,500.00 to $5,000.00. These programs are self -funding and vendors normally require a 3-5-year contract to actualize their return on investment. RECOMMENDATION Forward to the Council for consideration and approval of the proposal of the 3-year Pilot Program proposal along with the required ordinance at the Nov 5, 2018 Regular Meeting and subsequent November 5, 2018 Regular Meeting. Further, recommend a phased process for the implementation which affords the Council an opportunity to off ramp at various junctures prior to an actual contract being signed. This affords the department to work through the multiple steps required to ensure a successful program. SUPPLEMENTAL INFORMATION REQUESTED At the end of the October 22, 2018 meeting, the council requested additional information /responses to several questions. Responses to the inquiries are outlined below: 1. The proposed Red -Light Safety Camera intersection collision statistics 2014-2016 • Boeing Access Road at MLK Jr Way S. O 21 collisions O 0 fatalities O 2 right-angle collisions with no injuries reported O 5 sideswipes O 13 rear -end collisions O 1 collision with a fixed object • Southcenter Parkway at Strander Blvd o 34 collisions O 0 fatalities O 5 right-angle collisions with 2 injuries o 15 sideswipes O 9 rear -end collisions O 5 collisions with fixed objects W:12018 Info Memos\Red Light and School Zone Speed Camera Updated Info Memo (Bill Devlin).docx 216 INFORMATIONAL MEMO Page 3 • Grady and Interurban Ave S. O 24 collisions O 1 fatality o 5 right-angle collisions with 5 injuries O 9 rear -end collisions o 10 collisions with fixed objects 2. Attached in the slide packet are the pictorial representations of the three intersections showing the approximate locations of the cameras. 3. Per the RCW, Cameras can only take a picture of the vehicle plate and not the driver or the interior of the violating vehicle. 4. Use of revenue after program costs for cameras and other equipment, can be used for traffic safety programs or initiatives 5. Photos and video is maintained in the vendor cloud and regulated by The Tukwila Police Department based on our requirements. This is no different from In -Car Camera or Body - Camera video. Images and video are available through the PDR process facilitated by the police department. Retention policies associated with video and photo enforcement are regulated by the WA State Retention Schedule for Law Enforcement. See slide #8 of the attached powerpoint for the various categories. I intend to set a minimum time of 90 days for general retention not associated with an appeals process or case investigations or proceedings. The latter will abide by the WA State retention policy. 6. Additional information requested regarding School Speed Zone Cameras show the following: • They measure violators speed during school zone hours • They are treated the same as Red -Light Cameras as far as retention and processing • The Fines can be higher based on the violators speed measured over the posted limit • We are recommending a pilot of two School Speed Zone cameras posted vicinity of Foster and Showalter. This location represents the highest volume of traffic mixed with children and the associated violations that occur. Slides # 13-14 show compelling data over a five- day period Eastbound and Westbound of the 4600 block of S. 144th. • Additional cost for the installation of two School Speed Zone cameras will be less than $125,000. ATTACHMENTS -Powerpoint with supplemental information to include data graphs and diagrams -Draft automated safety camera city ordinance -RCW for automated safety camera systems W:\2018 Info Memos\Red Light and School Zone Speed Camera Updated Info Memo (Bill Devlin).docx 217 218 Boeing Access Road at MLK Jr Way S 21 collisions: 0 Fatalities 2 right angle wino injuries reported 5 sideswipes 13 rear -enders l fixed object Southcenter Parkway at Strander Blvd 34 collisions: 0 Fatalities 5 right angle w/2 injuries 15 sideswipe 9 rear -enders 5 fixed objects Grady and Interurban Ave S 24 Collisions: 1 Fatality 5 Right angle w/5 injuries 9 Rear -enders 10 Fixed objects After analysis of proposed intersections using collision stats and topography narrowed it down to three intersections, two directions each for the Pilot Project m Boeing Access Rd © Martin Luther King Jr Wy - SB and EB directions Southcenter Parkway © Strander Blvd - NB and WB directions Grady Wy © Interurban Ave S - EB and WB directions Approximate Locations of Red -Light Cameras MLK At Boeing Access Approximate Location of •LC for Southcentcr Parkwa at Strander :Iva Approximate Locations of $!LC's rady and Interurban Ave S w Recommend any revenues realized after the monthly cost of the camera program be slated for traffic safety programs since this is the best practice. The activity of enforcing laws and ordinances and citing violations (including traffic, non -traffic and vessel or vehicle -related violations). DISPOSITION AUTHORITY NUMBER (DAN) LE2010-052 Rev. 0 LE2010-053 Rev. 0 LE2010-054 Rev. 0 LE2010-055 Rev. 0 DESCRIPTION OF RECORDS Automated Traffic Safety Cameras — Citation or Notice of Infraction Issued Images captured by automated traffic safety cameras which have resulted in the issuance of a citation or notice of infraction. Automated Traffic Safety Cameras — Citation or Notice of Infraction Not Issued Images captured by automated traffic safety cameras which have not resulted in the issuance of a citation or notice of infraction. Automatic License Plate Recognition Images — Case -Specific Images of vehicle license plates captured by automatic license plate imaging equipment and which do contain images significant to case investigations or court proceedings. Automatic License Plate Recognition Images — Not Case -Specific Images of vehicle license plates captured by automatic license plate imaging equipment and which do not contain images significant to case investigations or court proceedings. RETENTION AND DISPOSITION ACTION Retain until exhaustion of appeals process then Destroy. Retain until verification that no infraction has been captured then Destroy. Retain until exhaustion of appeals process then Destroy. Retain until verification that a significant image has not been captured then Destroy. DESIGNATION NON -ARCHIVAL NON -ESSENTIAL OPR NON -ARCHIVAL NON -ESSENTIAL OPR NON -ARCHIVAL NON -ESSENTIAL OPR NON -ARCHIVAL NON -ESSENTIAL OPR Cameras are same price ow Measures violators speed during school zones hours, typically mornings and afternoons as children are walking to and from school. Treated the same as RLC's sw Processed the same a. Retention the same Fines are higher ow No additional FTE's w No Upfront cost - the equipment is owned and maintained by the contracted company 2 Cameras at $5,000.00 per camera, per month - Sl 20,000.00 per year w 2 Photo enforcement signs $500.00 each - Sl ,000,00 w 2 lighted School zone signs -currently shopping for vendors ow The unfortunate reality is there are many ways that tragedy can strike when you combine vehicle traffic, particularly high-speed traffic, and high - volumes of young pedestrians. Speed limit signs by themselves tend to be relatively ineffective. During our analysis, we find that the 85th percentile speed (as depicted in the upcoming slides) is more than the speed limit. Flashing signage is recommended for indicating school speed zones during the active school hours. liw Other possible counter measures to speeding in school zones can include speed humps, raised pedestrian crossings, intersection or mid -block bump - outs, or using crossing guards. Reports show that crashes including pedestrians are eight times more likely to result in death than those not involving pedestrians. That likelihood is greatly impacted by the speed at which the car is traveling. Someone under the age of 30 years old only has a 3% chance of being killed by a vehicle traveling 20 mph ii. It increases to 13% at 30 mph. ow The risk increases rapidly from, reaching about 52% when the vehicle speed is 45 mph. Slower vehicle speeds, mean a pedestrian has a greater chance of survival if hit, which is the benefit of the school speed zone. Overall Summary Total Days of Data 5 Speed tarnit 20 Average Speed: 22.28 50th, Percentile Speed: 21 _.93 85th Percentile Speed:2€i_23 Pace Speed Range: 17 to 27 2 la Minimum Speed: 5 Maximum Speed: 40 Display Status: Mixed Display Average Volume per Day: 318.0 Total Volume:: 1590 a Veh cJe 'stowed *, Other 14:t 0 16:00 Speed Average Speed Speed • 85% Speed Cr rr1pliant • Violators 34 0- 15_0- B Overall Summary Total Days of Data: 6 Speed Limit' 26 Average Speed: 23_06 50th Percentile Speed: 23.47 t 5th Percentile Speed: 28.52 Pace Speed Range. 19 to 29 8:00 Inside Threshold 10.00 um Speed: 5 Maximum Speed: 55 Display Status_ Mixed Display Average Volume per Day: 2722.7 Total Volume: 16.338 t4:00 • Vehicles Slowed Other Speed Limit Average Speed v. 50% Speed • 8 5% Speed 234 NOTE: Strike-through/underline text shows changes made since the October 22, 2018 C.O.W. meeting. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER OF THE TUKWILA MUNICIPAL CODE AUTHORIZING THE USE OF AUTOMATED TRAFFIC SAFETY CAMERAS AND ADOPTING STANDARDS RELATED THERETO, TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTER 9.22; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, very serious traffic accidents involving right-angle collisions at high rates of speed are often the result of drivers running red lights; and WHEREAS, studies show that these accidents result in more serious injury and deaths than other accidents at signalized intersections; and WHEREAS, locating automated traffic safety cameras at signalized intersections has been shown to reduce the frequency of traffic violations at these intersections and has resulted in a corresponding reduction in injuries and associated economic costs; and WHEREAS, the City has arterial intersections that would benefit from the strategic placement of automated traffic safety cameras; and WHEREAS, reduced speeds in school zones help decrease the likelihood of an accident in areas with an increase in school -related pedestrian and vehicular traffic; and WHEREAS, the City of Tukwila desires to improve traffic safety and pedestrian safety throughout the City with emphasis on critical intersections and school speed zones; and WHEREAS, the Washington State Legislature has adopted Chapter 46.63 RCW, which authorizes local jurisdictions to use automated traffic safety cameras at arterial intersections and school speed zones, subject to some limitations; and W: Word Processing \Ordinances\Automated traffic safety cameras 10-31-18.doc VVD:bjs Page 1 of 5 235 WHEREAS, in accordance with RCW 46.63.170(1)(a), the City has prepared an analysis of the locations where automated traffic safety cameras are proposed to be located; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 9.22 of the Tukwila Municipal Code Established. A chapter of the Tukwila Municipal Code entitled "Automated Traffic Safety Cameras," to be codified as Tukwila Municipal Code (TMC) Chapter 9.22, is hereby established to read as follows: CHAPTER 9.22 AUTOMATED TRAFFIC SAFETY CAMERAS Sections: 9.22.010 Automated traffic safety cameras — Detection of violations — Restrictions 9.22.020 Notice of infraction 9.22.030 Prima facie presumption 9.22.040 Infractions processed 9.22.050 Fine 9.22.060 Nonexclusive enforcement Section 2. Regulations Established. TMC Section 9.22.010, "Automated traffic safety cameras — Detection of violations — Restrictions," is hereby established to read as follows: 9.22.010 Automated traffic safety cameras — Detection of violations — Restrictions A. City law enforcement officers and persons commissioned by the Tukwila Police Chief are authorized to use automated traffic safety cameras and related automated systems to detect and record the image of stoplight violations at the intersection of two arterials and school speed zone violations; provided, however, pictures of the vehicle and the vehicle license plate may be taken only while an infraction is occurring, and the picture shall not reveal the face of the driver or of any passengers in the vehicle. B. Each location where an automated traffic safety camera is used shall be clearly marked by signs placed in locations that clearly indicate to a driver that the driver is entering a zone where traffic laws are enforced by an automated traffic safety camera. C. "Automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs or electronic images of the rear of a motor vehicle whenever at the time the a vehicle fails to stop when facing a steady red traffic control signal or exceeds a speed limit in a school zone as detected by a speed measuring device. W: Word Processing \Ordinances\Automated traffic safety cameras 10-31-18.doc WD:bjs 236 Page 2 of 5 Section 3. Regulations Established. TMC Section 9.22.020, "Notice of infraction," is hereby established to read as follows: 9.22.020 Notice of infraction A. Whenever any vehicle is photographed by an automated traffic safety camera, a notice of infraction shall be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. B. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the agency by return mail: (1) a statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or (2) a statement under oath that the business is unable to determine who was driving or renting the vehicle when the infraction occurred; or (3) in lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the agency shall relieve the rental car business of any liability under this chapter for the infraction. C. The law enforcement officer issuing a notice of infraction shall include with it a certificate or facsimile thereof, based upon the inspection of photographs, microphotographs or electronic images produced by an automated traffic safety camera, citing the infraction and stating the facts supporting the notice of infraction. This certificate or facsimile shall be prima facie evidence of the facts contained in it and shall be admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. D. The registered owner of a vehicle is responsible for an infraction detected through the use of an automated traffic safety camera unless the registered owner overcomes the presumption set forth in TMC Section 9.22.030, or, in the case of a rental car business, satisfies the conditions under TMC Section 9.22.020.B. If appropriate under the circumstances, a renter identified under TMC Section 9.22.020.13 is responsible for an infraction. E. All photographs, microphotographs or electronic images prepared under this chapter are for the exclusive use of law enforcement in the discharge of duties under this chapter and, as provided in RCW 46.63.170(1)(g), they are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this chapter. No photograph, microphotograph or electronic image may be used for any purpose other than enforcement of violations under this chapter nor retained longer than necessary to enforce this chapter. W: Word Processing \Ordinances \Automated traffic safety cameras 10-31-18.doc WD:bjs Page 3 of 5 237 Section 4. Regulations Established. TMC Section 9.22.030, "Prima facie presumption," is hereby established to read as follows: 9.22.030 Prima facie presumption A. In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this chapter, proof that the particular vehicle described in the notice of traffic infraction was involved in a stoplight violation or school speed zone violation, together with proof that the person named in the notice of infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred. B. This presumption may be overcome only if the registered owner, under oath, states in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody or control of some person other than the registered owner. Section 5. Regulations Established. TMC Section 9.22.040, "Infractions processed," is hereby established to read as follows: 9.22.040 Infractions processed Infractions detected through the use of automated traffic safety cameras shall be processed in the same manner as parking infractions. Section 6. Regulations Established. TMC Section 9.22.050, "Fine," is hereby established to read as follows: 9.22.050 Fine The fine for an infraction detected under authority of this chapter shall be a base monetary penalty of $136.00; and provided further, that whenever, in the future, the state of Washington increases the fine imposed under this chapter, by legislation or court rule, the City's fine shall be increased to a like amount upon the effective date of such legislation or court rule. Section 7. Regulations Established. TMC Section 9.22.060, "Nonexclusive enforcement," is hereby established to read as follows: 9.22.060 Nonexclusive enforcement Nothing in this chapter prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)(a), (b) or (c). W: Word Processing \Ordinances\Automated traffic safety cameras 10-31-18.doc WD:bjs 238 Page 4 of 5 Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this 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 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Automated traffic safety cameras 10-31-18.doc WD:bjs Page 5 of 5 239 240 NOTE: Strike-through/underline text shows changes made since the October 22, 2018 C.O.W. meeting. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER OF THE TUKWILA MUNICIPAL CODE AUTHORIZING THE USE OF AUTOMATED TRAFFIC SAFETY CAMERAS AND ADOPTING STANDARDS RELATED THERETO, TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTER 9.22; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, very serious traffic accidents involving right-angle collisions at high rates of speed are often the result of drivers running red lights; and WHEREAS, studies show that these accidents result in more serious injury and deaths than other accidents at signalized intersections; and WHEREAS, locating automated traffic safety cameras at signalized intersections has been shown to reduce the frequency of traffic violations at these intersections and has resulted in a corresponding reduction in injuries and associated economic costs; and WHEREAS, the City has arterial intersections that would benefit from the strategic placement of automated traffic safety cameras; and WHEREAS, reduced speeds in school zones help decrease the likelihood of an accident in areas with an increase in school -related pedestrian and vehicular traffic; and WHEREAS, the City of Tukwila desires to improve traffic safety and pedestrian safety throughout the City with emphasis on critical intersections and school speed zones; and WHEREAS, the Washington State Legislature has adopted Chapter 46.63 RCW, which authorizes local jurisdictions to use automated traffic safety cameras at arterial intersections and school speed zones, subject to some limitations; and W: Word Processing \Ordinances\Automated traffic safety cameras 10-31-18.doc WD:bjs Page 1 of 5 241 46..63160 « 46..63170 » 4.6„63;180 RCW Automated traffic safety cameras —Definition. (1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following requirements: (a) The appropriate local legislative authority must prepare an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located: (i) Before enacting an ordinance allowing for the initial use of automated traffic safety cameras; and (ii) before adding additional cameras or relocating any existing camera to a new location within the jurisdiction. Automated traffic safety cameras may be used to detect one or more of the following: Stoplight, railroad crossing, or school speed zone violations; or speed violations subject to (c) of this subsection. At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to enact an authorizing ordinance. Beginning one year after June 7, 2012, cities and counties using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located as well as the number of notices of infraction issued for each camera and any other relevant information about the automated traffic safety cameras that the city or county deems appropriate on the city's or county's web site. (b) Except as provided in (c) of this subsection, use of automated traffic safety cameras is restricted to the following locations only: (i) Intersections of two arterials with traffic control signals that have yellow change interval durations in accordance with RCW 47.36.022, which interval durations may not be reduced after placement of the camera; (ii) railroad crossings; and (iii) school speed zones. (c) Any city west of the Cascade mountains with a population of more than one hundred ninety-five thousand located in a county with a population of fewer than one million five hundred thousand may operate an automated traffic safety camera to detect speed violations subject to the following limitations: (i) A city may only operate one such automated traffic safety camera within its respective jurisdiction; and (ii) The use and location of the automated traffic safety camera must have first been authorized by the Washington state legislature as a pilot project for at least one full year. (d) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. The primary purpose of camera placement is to take pictures of the vehicle and vehicle license plate when an infraction is occurring. Cities and counties shall consider installing cameras in a manner that minimizes the impact of camera flash on drivers. 242 (e) A notice of infraction must be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's name and address under subsection (3)(a) of this section. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. (f) The registered owner of a vehicle is responsible for an infraction under RCW 46.63,030(1)(d) unless the registered owner overcomes the presumption in RCW 4G.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (3) of this section. If appropriate under the circumstances, a renter identified under subsection (3)(a) of this section is responsible for an infraction. (g) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section. (h) All locations where an automated traffic safety camera is used must be clearly marked at least thirty days prior to activation of the camera by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW. (i) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. (2) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.62.101 and 46.52.120 Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.22.0, 46.16,A,.I 20, and 46.20.270(2). The amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction. However, the amount of the fine issued for a traffic control signal 243 violation detected through the use of an automated traffic safety camera shall not exceed the monetary penalty for a violation of RCW 46.61.050 as provided under RCW 46,63.110, including all applicable statutory assessments. (3) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the issuing agency by return mail: (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. (4) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46,63.030(1) (a), (b), or (c). (5) For the purposes of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit as detected by a speed measuring device. (6) During the 2011-2013 and 2013-2015 fiscal biennia, this section does not apply to automated traffic safety cameras for the purposes of section 216(5), chapter 367, Laws of 2011 and section 216(6), chapter 306, Laws of 2013. [2015 3rd Sp-s- c 44 § 4,06; )0 c0 702; 2013 c, 306 § 711. Prior: 2012 c 85 § 3; 2012 c 33 5 " ; 2011 c 367 §, 704; 2010 c § 1127; 2009 c 470 § 714; 2007 c 372 § :3; 2006 c 16,7 § 11 244 COUNCILAGI-1,NDA SYNOPSIS AfeetingDate Prepared by Mayor's review Council review 10/22/18 VC , 11 0 VC ITEM INFORMATION ITEM No. 5.D. Si \11, SP0M-()Ft: VICKY CARLSEN ORR 'IN \ 1, AC,I ND \ D \ I 1 • 10/22/18 \ I 1 I NI Tin A Adopt ordinance increasing gambling tax on card rooms by 10/0 C \II -GORY 2 De.salutoir 10/22/18 ri Arotion Date 11/5/18 EjRoolutton AN Dale a Ordinance n Bid Award AN Date El Pubac Hearing Altg Date Other AN Dale .Olg Date AN ANDate 10/22/18 SPOINS( )R f COunc ti Mayor 1 IR Eno) Nname r Fire - . LIP ,R rPo/14LPi'LI C:our? SPoNoit's Council is being asked to approve an ordinance that increases the gambling tax on card St VIM \ 10 rooms from 100/0 to 110/0. RI,\ II Al I) BY 1:1 C.O.W. Mtg. El CDN Comm r- Trans &Infrastructure Arts Comm. DATE: 10/16/18 PI Finance Comm. I— Public Safety Comm. Comm. E Planning Comm. CHAIR: QUINN E. Parks COMMITTEE RECOMMENDATIONS: SPoNsoit/ADNIN. Co NI\III°111 Finance No recommendation; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Expi NDI FURLRIX-N:11t1 D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Corn rn en ts: MTG. DATE RECORD OF COUNCIL ACTION 10/22/18 Forward to next Regu ' additional 'information MTG. DATE ATTACHMENTS 10/22/18 Informational Memorandum dated 8/10/18 Draft Ordinance Attachment A: Summaryof House -Banked Card Room Financials 2016 & 2015 Minutes from the Finance Committee meeting 10/16 8 11/5/18 Info Memo Ordinance dated 0/ 8 with additional information as requested Sumary of house banked cardrooms 245 246 City of Tukwila Allan Ekberg, Mayor TO: INFOR ATIONAL E ORANDU Finance Committee FROM: Rachel Bianchi, Deputy City Administrator Vicky Carlsen, Deputy Finance Director BY: Aaron Williams, Fiscal Coordinator CC: Mayor Ekberg DATE: October 31, 2018 SUBJECT: Proposed increase to city's gambling activities tax Updated from September 5, 2018 Finance Committee meeting and September 10, 2018 Committee of the Whole meeting. Updated with information requested by Council at the October 22 Committee of the Whole meeting. ISSUE The City Council is being asked to modify the Tukwila Municipal Code (TMC) to increase the gambling activities tax on cardrooms by 1%. BACKGROUND In 2011 the City Council adopted ordinance 2349, which set the most recent tax rates for gambling activities, which include bingo games, raffles, amusement games, punchboards, pull - tabs and cardrooms. The ordinance set a rate for each of these, with a three -tiered rate structure for tax rates associated with card rooms: • An initial rate of 10% • When more than five are open the rate moves to 15% • If more than six, the rate moves to 20% Currently, there are five -four cardrooms in Tukwila, resulting in a 10% tax on the gross receipts of each establishment. The City collected $3.8 million in gambling taxes in 2017. DISCUSSION The Administration proposes to raise the rate associated with cardrooms by 1%. Per the TMC, gambling taxes are used primarily for public safety. Public Safety accounts for more than 56% of the City's general fund. State law caps the tax on cardrooms at 20%. Jurisdictions in the county vary as to how they regulate and tax card rooms, and many ban such establishments all together. The City of Auburn has one of the lowest rates at 4%, and according to staff research, the City of Redmond has the highest at 12%. Both the City of Kent and King County levy the 11% rate. Staff estimates that a 1% increase in the tax levied on cardrooms would generate approximately $380,000 $350,000 in additional revenue in 2019. The City heads into the 2019/2020 budget process with the reality that projected revenues will not meet expenditures. The Administration has directed departments to reduce expenditures in the next biennium by 3% (except for Police and Fire, who were held at a 1.5% reduction), but additional resources are needed in order to 247 INFORMATIONAL MEMO Page 2 provide the current level ofCity services. Asmall increase inthe gambling tax iaenopportunity to help align revenues with expenditures in the coming biennium. Follow up after |September 5.2O18Finance Committee and September 10.2018Committee of the Whole Staff was asked to perform outreach to the four card rooms located in Tukwila and provide an update at a subsequent Finance Committee meeting. The following represents the responses from the outreach tnthe card rooms anwell aSprovides additional research and statistics gathered during the process. OUTREACH City staff members met with representatives from all four card rooms in Tukwila to discuss the proposed increase ingambling tax from 1O96ho1196. During these meetings there was also o general discussion of what services the City provided and staff answered various questions and concerns from the card room representatives. Hero are some of the general cDnl0lentm made from the various business owners. • Most owners and managers expressed concerns about their profitability with an additional increase inthe gambling tax. They all discussed how competitive their market is and that their costs one rising due tosalary, benefits, payoute, and marketing. * There was not as much concern expressed with the change in business license fees. w Two of the businesses appreciated the balanced approach to the budget process, that the City was proposing 396ongoing reductions aswell eSnew revenue sources. • Many representatives discussed how the current state regulations, which limit the number of tables to 15 per card room and the maximum bet at $300, make it difficult to be successful. • Adleast two owners discussed the number and demographics ofthe jobs provided. Some stated that dealers can gross almost $100.OQOper year. Itwas also stated that 70Y6 of their staff are earning nnininnunn wage, although the average wage with Ups ranges from $30to $4Oper hour. One owner stated that many uf'these jobs dUnot require gcollege degree and some don't require ahigh school diploma. * There was also concern expressed that the rising cost of the minimum wage, the change in family leave and medical leave, was not keeping pace with the increase in gross gambling receipts. • One ofthe card rooms located onInterurban Ave made orequest for mcross walk toba installed to improve safety and improve connections between the card rooms in that area. • Parking was a concern for another card room, stating that the lack of parking in the area negatively affects their patronage and has asked towork with the City to utilize City - owned property next door. This same card room also expressed the need for across walk toaccommodate pedestrians crossing the street between casinos. According to the Washington State Gambling Commission there are approximately 49 card rooms inthe state. Based on the published financial reports the number of card rooms reporting anet loss has ranged from 2A%in2O14to18%in2U16. |n2O1G.the most recent published data online, there were five card rooms listed within Tukwila. Since then, the Palace Tukwila has closed. |n201O. three nfthe card rooms were operating at a net profit and were inthe top ten card rooms inthe state. Based onnet income, the Macau Casino was ranked #1.the Riverside Casino was #Oand the Great American Casino was 'ranked #8. The Palace Tukwila and the Fortune Casino were both shown asoperating a1anet loss and were the lowest performing cord rooms inthe state. 248 INFORMATIONAL MEMO Page 3 In discussions with the Fortune Casino, they stated that there was an ownership change in 2017 and early results show that the card room is operating near break-even for 2017; a significant improvement over 2016, which saw a loss of $1.08 million. The Table below uses information from Tukwila's Business License and the Washington State Gambling Commission. Attachment A includes the detailed financial summaries for fiscal years 2016 and 2015. 2018 Employees FY 2014-2016 Net Income or (Loss) Full -Time Part -Time 2014 2015 2016 Fortune Casino ** 54 105 ($640,529) ($1.08 M) $2.25 M Great American Casino * 11 0 $1.44 M $1.6 M Macau Casino 42 112 $1.93 M $2.4 M $4.34 M Riverside Casino 66 125 $685,000 $1.2 M $2.68 M Golden Nugget Casino ** ($380,432) ($296,239) Palace Tukwila ($785,040) *While researching these statistics it was discovered that Great American Casino may likely be under -reporting number of employees; staff will be looking into this issue. ** Fortune Casino took the place of the Golden Nugget Casino in 2015. HISTORICAL REVENUES FROM CARD ROOM GAMBLING TAX City staff reviewed historical gambling tax collections between 2011 through second quarter 2018 and an estimate for the second half of 2018. Projected year-end for 2018 is slightly lower than 2017 due to an incident at one of the card rooms earlier this year. Revenues from card room gambling tax has increased from $1.68M in 2011 to $3.8 M for 2017. 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 Gambling Tax - Historical Revenues 2011-2018 (estimated) 00 001 0004104004 2011 2012 2013 2014 2015 2018 2017 Fortune 04 Golden Nugget '2 Palace Nlacau Riverside 41 Great American 02018 Estimate 2018 est. 249 INFORMATIONAL MEMO Page 4 CURRENT GAMBLING TAX RATES FOR DIFFERENT JURISDICTIONS As comparison, below are current card room gambling tax rates for some Qfthe surrounding jurisdictions. Local tax rates for card rooms City of Tukwila 1O%0-5card rooms) 19%(5card rooms) ZO%(more than 6) City ofSeattle Not permitted King County (unincnrporated) 1196 City ofRedmond * 1296 City nfAuburn ** 496 City ofKent 1196 City ' of Kirkland 11% City ofRenton 1096 City of3eaTac 1096 City ofShoreline 1096 City OfLakewood 1I96 ~The City ofRedmond currently does not have any card rooms ** The City ofAuburn lowered their rate from z2% to4%in2010due toeconomic conditions; there have been recent discussions about raising the rate. Follow from the October 22.�2018 Committee of the Whole nnmeUnq Council had two requests for staff follow up, which are addressed below. � Calls for service atTukwila card rooms: Below ieachar ofthe calls for service over the past four years. |tiaimportant tonote that the 2O1Oyear todate (YT[))numbers are 2015 2016 2017 2013YTD Fortune Casino 26 44 38 24 Great American Casino 96 lJB 76 45 Macau Casino 75 79 45 24 Riverside Casino 122 191 133 84 * Discussion ofwhere qanbdinq tax revenues are spent: RCVV9.4O.113states "Any county, city or town which collects a tax on qamblinq activities authorized pursuant to RCVV9.46.11Dmust use the revenue from such tax Primarily forthepurpoemofpub|io aofoty." The City meets this mb|iqation because public safety expenditures, which are 60% of the General Fund, far exceed the revenues qenerated by the qamblinq tax. RECOMMENDATION Council isbeing asked toapprove theroteincreaaeefh*ctiveJanuary1.2O1S. This will allow sufficient time for notification to affected businesses. ATTACHMENT -Draft ordinance 250 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2349 §2 AND 1809 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 3.08.030, "TAX RATES," TO INCREASE THE TAX ON CERTAIN GAMBLING ACTIVITIES; REPEALING ORDINANCE NOS. 2230, 2150 AND 1891; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the social card rooms operating in Tukwila generate significant gambling tax revenues for the City; and WHEREAS, there is a cost to patrol and enforce City codes related to gambling; and WHEREAS, the more card rooms operated as a commercial stimulant, the more City costs increase; and WHEREAS, pursuant to the City Council's power to tax certain activities for revenue purposes as set forth in RCW 9.46.110, the City Council now desires to increase the tax levied on any social card room operated as a commercial stimulant, upon certain conditions, by amending Tukwila Municipal Code (TMC) Section 3.08.030.A.4; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 3.08.030, "Tax Rates," Amended. Ordinance Nos. 2349 §2 and 1809 §1 (part), as codified at TMC Section 3.08.030, are hereby amended to read as follows: A. Pursuant to RCW 9.46.110 and RCW 9.46.120, as amended by the Laws of Washington, effective July 27, 1997, there is levied upon all persons, associations and organizations who have been duly licensed by the Washington State Gambling Commission, as authorized by law, the following tax: IN: Word Processing\Ordinances\Gambling tax increase 10-29-18 RB:bjs Page 1 of 3 251 1. Bingo games and raffles: To conduct or operate any bingo games and raffles, a tax rate of 5% of the gross revenue received therefrom, less the actual amount paid by such person, association or organization for or as prizes. 2. Amusement game: To conduct any amusement game, a tax rate of 2% of the gross revenue received therefrom, less the actual amount paid by such person, association or organization for or as prizes. 3. Punchboards or pulltabs: For the conduct or operation of any punchboards or pulltabs, a tax rate of 5% of the gross receipts from such activities for commercial stimulant operators (taverns, restaurants, etc.); and a tax rate of 10% on the gross receipts less the amount paid out as prizes for charitable or nonprofit organizations. 4. Social card games: a. For the conduct or operation of any premises or facility used to play social card games, a tax rate of 11% of the gross receipts received therefrom; provided that when the number of card rooms in the City exceeds five, the tax rate shall increase to 15°/0 of the gross receipts received therefrom. Additionally, when the number of card rooms exceeds six, the tax rate shall increase to 20% of the gross receipts received therefrom. b. For purposes of this provision, an operating business is defined as: a business open to the public and engaged in the business of operating a social card room for a period of 30 days. For purposes of this section, the 30 days are not required to be consecutive days. After the 30 days of operations, which triggers the increased tax rate, the Finance Director or his or her designee, shall notify the social card rooms of the increased rate and that rate shall be paid thereafter by all card rooms in this tax category, starting the financial quarter after notification. B. Non -Profit Organizations. 1. No tax shall be imposed under the authority of TMC Chapter 3.08 on bingo or raffles when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in RCW 9.46.0209, which organization has no paid or management personnel, and has gross income from bingo and raffles, or any combination thereof, not exceeding $5,000 per year, less the amount paid for or as prizes. 2. The Finance Director may waive the tax due each quarter from a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209. This waiver may occur only if the charitable or nonprofit organization demonstrates by clear and convincing documentation that an amount equal to at least 70% of the tax due the City, as computed pursuant to TMC Section 3.08.030, will be donated to charitable nonprofit organizations serving the City whose purpose is to provide programs or facilities for meeting the basic health, education, welfare, or other needs of the residents of the City. Failure to donate at least 70% of the tax due the City will result in revocation of the waiver and the disqualification of the bona fide charitable or nonprofit organization to receive a waiver for future tax payments. W: Word Processing\Ordinances\Gambling tax increase 10-29-18 252RB:bjs Page 2 of 3 Section 2. Repealer. Ordinance Nos. 2230, 2150 and 1891 are hereby repealed in their entirety. Section 3. 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 4. 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 5. 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 January 1, 2019. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Gambling tax increase 10-29-18 RB:bjs Page 3 of 3 253 Attachment A Summary of House -Banked Card Room Financial Statements For the Fiscal Years Ending in 2016 (Sorted by Licensee Net Income or (Loss)) Licensee MACAU "CASINO/TUKWILA GREAT AMERICAN CASINO/EVERETT THE PALACE/LACENTER CASINO CARIBBEAN/KIRKLAND ROMAN CASINO RIVERSIDE CASINO CRAZY MOOSE CASINO/PASCO GREAT AMERICAN CASINO/TUKWILA SILVER DOLLAR CASINO/SEATAC SILVER DOLLAR CASINO/RENTON COYOTE BOB'S CASINO CARIBBEAN/YAKIMA FREDDIE'S CLUB/RENTON SILVER DOLLAR CASINO/MILL CREEK ROYAL CASINO Everett GOLDIES SHORELINE CASINO Shoreline BUZZ INN STEAKHOUSE/EAST WENATCI East Wenatchee LAST FRONTIER SLO PITCH PUB & EATERY HAWKS PRAIRIE CASINO MACAU CASINO/LAKEWOOD PALACE CASINO/LAKEWOOD RED DRAGON CASINO IRON HORSE CASINO/AUBURN ROXY'S BAR & GRILL CARIBBEAN CARDROOM City Tukwila Everett LaCenter Kirkland Seattle Tukwila Pasco Tukwila SeaTac Renton Kennewick Yakima Renton Mill Creek LaCenter Bellingham Lacey Lakewood Lakewood Mountlake Terrace Auburn Seattle Kirkland WIZARDS CASINO Burien JOKER'S CASINO SPORTS BAR & FIESTF Richland CRAZY MOOSE CASINO/MOUNTLAKE TE Mountlake Terrace BLACK PEARL RESTAURANT & CARD RC Spokane ZS RESTAURANT AT ZEPPOZ Pullman LILAC LANES & CASINO Spokane CLUB HOLLYWOOD CASINO Shoreline LUCKY 21 Woodland LANCER LANES RESTAURANT AND CAS Clarkston ACES CASINO ENTERTAINMENT Spokane ALL STAR CASINO Silverdale PAPAS CASINO RESTAURANT & LOUNGI Moses Lake RC'S Sunnyside NOB HILL CASINO Yakima CHIPS CASINO/LAKEWOOD Lakewood GREAT AMERICAN CASINO/LAKEWOOD Lakewood WILD GOOSE CASINO CLEARWATER THE GETAWAY CASINO UBET NEW PHOENIX PALACE TUKWILA FORTUNE CASINO Ellensburg Wenatchee Walla Walla Longview LaCenter Tukwila Tukwila -----2016 REVENUES Card Room Other Total Total Net Income Revenue Revenue Revenue Expenses or (Loss) (1) (2) (3) [4] $10,739,617 1,854,217 $12,593,834 $8,249,964 $4,343,870 $10,063,312 2,148,703 $12,212,015 $8,340,122 $3,871,893 $14,485,800 2,707,638 $17,193,438 $13,784,844 $3,408,594 $8,189,549 1,758,967 $9,948,516 $6,736,429 $3,212,087 $17,995,374 481,932 $18,477,306 $15,683,158 $2,794,148 $11,069,498 1,161,210 $12,230,708 $9,548,054 $2,682,654 $7,616,741 2,350,808 $9,967,549 $7,417,695 $2,549,854 $10,330,422 3,458,612 $13,789,034 $11,538,301 $2,250,733 $6,709,333 1,784,293 $8,493,626 $6,308,659 $2,184,966 $6,915,907 1,482,656 $8,398 563 $6,727,460 $1,671,103 $4,663,728 870,543 $5,534,271 $3,998,549 $1,535,723 $4,922,565 1,975,755 $6,898,320 $5,510,546 $1,387,774 $7,505,167 1,868,140 $9,373,307 $8,092,205 $1,281,102 $4,695,632 992,342 $5,687,974 $4,468,982 $1,218,991 $5,054,124 1,098,390 $6,752,514 $5,707,001 $1,045,513 $7,309,285 1,025,471 $8,334,756 $7,335,561 $999,195 $2,536,207 2,335,126 $4,871,333 $3,911,748 $959,585' $11,206,536 1,976,656 $13,183,192 $12,370,350 $812,842 $2,477,818 2,085,869 $4,563,687 $3,808,660 $755,027 $4,433,767 940,247 $5,374,014 54,641,904 $732,110 $6,076,688 1,686,145 $7,762,833 $7,098,647 $664,186 $6,110,632 585,824 $6,696,456 $6,106,934 $589,522 $3,750,846 766,736 $4,517,582 $4,067,946 $449,637 $6,237,804 1,440,926 $7,678,730 $7,283,222 $395,508 $2,905,364 2,405,857 $5,311,221 $4,917,047 $394,174 $1,732,383 669,942 $2,402,325 $2,054,691 $347,634 $4,714,717 2,635,655 $7,350,372 $7,003,258 $347,114 $1,836,167 2,857,967 $4,694,134 S4,370,939 5323,195 $4,052,309 $893,635 $4,945,944 $4,657,838 $288,105 $4,803,425 893,516 $5,696,941 $5,444,540 $252,401 $1,139,145 1,806,956 $2,946,101 $2,704,617 $241,484 $1,807,795 1,686,175 $3,493,970 53,271,291 $222,679 $5,069,112 1,438,514 $6,507,626 $6,297,027 $210,600 $5,718,834 3,147,461 $8,866,295 $8,661,993 $204,302 $1,001,900 880,109 $1,882,009 $1,680,516 $201,493 $1,395,737 $336,413 $1,732,150 $1,562,298 $169,852 $3,262,189 4,458,000 $7,720,189 $7,604,857 $115,332 $2,363,842 3,966,397 $6,330,239 $6,443,138 $112,899 $902,545 532,874 $1,435,419 $1,333,140 $102,279 $2,629,666 1,188,368 $3,818,034 $3,739,234 578,800 $5,210,471 559,388 $5,769,859 $5,769,928 ($69) $5,869,699 1,611,747 $7,481,446 $7,506,355 ($24,909) $730,431 205,596 $936,027 $964,936 (528,909) $1,794,909 783,461 $2,578,370 $2,651,007 ($72,637) $1,016,593 789,004 $1,805,597 $1,921,320 ($115,723) $2,732,384 736,172 $3,468,556 $3,686,971 ($218,415) $5,491,280 934,098 $6,425,378 $6,855,853 ($430,475) $161,952 111,290 $273,242 $1,058,282 ($785,040) $4,303,347 1,339,351 $5,642,698 $6,721,467 ($1,078,769) 254 Licensee GREAT AMERICAN CASINO/EVERETT CASINO CARIBBEAN/KIRKLAND ROMAN CASINO MACAU CASINO/TUKWILA CRAZY MOOSE CASINO/PASCO SILVER DOLLAR CASINO/SEATAC CHIPS CASINO/LAKEWOOD GREAT AMERICAN CASINO/TUKWILA *REVISED AS OF JANUARY 10, 2017* Summary of House -Banked Card Room Financial Statements For the Fiscal Years Ending in 2015 (Sorted by Licensee Net Income or (Loss)) City Everett Kirkland Seattle Tukwila Pasco SeaTac Lakewood Tukwila COYOTE BOB'S Kennewick GOLDIE'S SHORELINE CASINO Shoreline CASINO CARIBBEAN/YAKIMA Yakima RIVERSIDE CASINO Tukwlla BUZZ INN STEAKHOUSE/EAST WENATCI East Wenatchee SILVER DOLLAR CASINO/RENTON Renton THE PALACE/LACENTER LaCenter SILVER DOLLAR CASINO/MILL CREEK Mill Creek SLO PITCH PUB & EATERY Bellingham HAWKS PRAIRIE CASINO Lacey FREDDIE'S CLUB/RENTON° Renton PALACE CASINO/LAKEWOOD Lakewood BLACK PEARL RESTAURANT & CARD RC Spokane IRON HORSE CASINO/AUBURN Auburn ROYAL CASINO Everett CARIBBEAN CARDROOM Kirkland CRAZY MOOSE CASINO/MOUNTLAKE TE Mountlake Terrace NEW PHOENIX LUCKY 21 RC'S CLUB HOLLYWOOD CASINO MACAU CASINO/LAKEWOOD ALL STAR CASINO ROXY'S BAR & GRILL LaCenter Woodland Sunnyside Shoreline Lakewood Silverdale Seattle JOKER'S CASINO SPORTS BAR & FIEST) Richland NOB HILL CASINO Yakima LILAC LANES & CASINO Spokane LANCER LANES RESTAURANT AND CAS Pullman LAST FRONTIER LaCenter CLEARWATER SALOON AND CASINO Wenatchee WILD GOOSE CASINO Ellensburg ZS RESTAURANT AT ZEPPOZ Pullman ACES CASINO ENTERTAINMENT Spokane WIZARDS CASINO Burien PAPAS CASINO RESTAURANT & LOUNG Moses Lake UBET Longview GOLDEN NUGGET CASINO Tukwila LUCKY BRIDGE CASINO Kennewick GREAT AMERICAN CASINO/KENT Kent RED DRAGON CASINO Mountlake Terrace FORTUNE CASINO Tukwila GREAT AMERICAN CASINO/LAKEWOOD Lakewood -----2015 REVENUES - - - - - Card Room Other Revenue Revenue Total Total Net Income Revenue Expenses or (Loss) (1) (2) (3) [4] $9,021,113 $2,260,632 $11,281,745 $8,420,640 $2,861,105 $7,412,902 $1,709,514 $9,122,416 $6,283,657 $2,838,759 $16,867,443 $537,189 $17,404,632 $14,582,606 $2,822,026 $7,752,299 $1,624,944 $9,377,243 $6,946,858 $2,430,385 $7,246,133 $1,455,759 $8,701,892 $6,569,222 $2,132,670 $6,564,357 $1,164,644 $7,729,001 $5,711,500 $2,017,501 $7,680,793 $1,826,007 $9,506,800 $7,777,915 $1,728,885 $9,422,189 $1,890,097 $11,312,286 $9,690,428 $1,621,858 $4,653,169 $531,205 $5,184,374 $3,701,086 $1,483,288 $8,023,756$2,046,819 $10,070,575 $8,641,564 $1,429,011 $4,960,841 $1,818,731 $6,779,572 $5,369,326 $1,410,246 $8,223,560 $2,369,806 $10,593,366 $9,421,189 $1,172,177 $2,644,141 $2,283,233 $4,927,374 $3,822,936 $1,104,438 $6,273,365 $810,417 $7,083,782 $6,093,628 $990,154 $10,049,140 $2,139,483 $12,188,623 $11,325,914 $862,709 $4,272,684 $579,432 $4,852,116 $4,024,508 $827,608 $2,388,074 $2,090,227 $4,478,301 $3,726,988 $751,313 $1,630,278 $901,031 $5,531,309 $4,809,265 $722,044 $6,754,628 $1,880,166 $8,634,794 $7,972,055 $662,739 $6,023,608 $1,449,412 $7,473,020 $6,860,090 $612,930 $4,249,179 $767,636 $5,016,815 $4,543,691 $473,124 $5,825,785 $1,997,804 $7,823,589 $7,374,636 $448,953 $4,586,119 $529,632 $5,115,751 $4,738,788 $376,963 $1,628,729 $582,562 $2,211,291 $1,874,462 $336,829 $4,349,187 $530,147 $4,879,334 $4,598,340 $280,994 $7,540,716 $1,135,780 $8,676,496 $8,429,462 $247,034 $7,028,052 $4,199,155 $11,227,207 $10,994,329 $232,878 $1,041,881 $595,376 $1,637,257 $1,423,510 $213,747 $5,386,990 $752,746 $6,139,736 $5,938,499 $201,237 $4,800,250 $1,577,110 $6,377,360 $6,178,237 $199,123 $3,109,715 $4,343,459 $7,453,174 $7,263,540 $189,634 $2,678,382 $2,317,060 $4,995,442 $4,837,839 $157,603 $1,556,487 $2,667,404 $4,223,891 $4,083,603 $140,288 $2,841,273 $1,145,540 $3,986,813 $3,851,345 $135,468 $1,625,615 $1,665,620 $3,291,235 $3,168,474 $122,761 $997,818 $900,549 $1,898,467 $1,779,736 $118,731 $9,180,831 $1,873,415 511,054,246' $10,941,276 $112,970 $1,478,969 $775,644 $2,254,613 $2,206,473 $48,140 $723,064 $211,111 5934,175 $922,693 $11,482 $997,404 $1,669,158 $2,666,562 $2,696,560 ($28,996) $1,111,689 $316,370 $1,428,059 $1,488,478 ($60,419) $5,007,370 $2,753,496 $7,760,866 $7,860,809 ($99,943) $2,115,973 $3,793,585 $5,909,558 $6,117,465 ($207,907) $2,684,316 $622,925 53,307,241 $3,518,540 (5211,299) $2,254,306 $450,199 $2,704,505 $3,000,744 ($296,239) $2,407,722 $717,408 53,125,130 $3,465,598 ($340,468) $658,085 $157,377 $815,462 $1,450,178 ($634,716) $2,966,931 $599,415 53,566,346' $4,079,712 ($513,366) $913,181 $293,046 $1,206,227 $1,846,756 ($640,529) $5,296,343 $876,731 56,173,074 $7,043,982 ($870,90B) 255 256 COUNCIL AGENDA SYNOPSIS ------- - -- ------------ ------------- ------------ ----- Meeting Date Prepared by Mayor's review Council review 1 /05 8 VC ITE NFORMATION ITEM No. 5.E. STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE:11/5/18 AGENDA ITEM TITLE Six -Year Forecast - Revenue Options C \ IT,GORY L Dzicussion 11/5/18 E Mot/on Mtg Date E Resolution AN Date E Ordinance Mtg Date E Bid Award Mtg Date Ei Public Hearin g A Itg Date Ej] Other A Itg Date AN Date SPONSOR ECotincil 1jMqyor Off R E DCD EFinance iFire OTS EP&R Police EIPW Ecourt SPONSOR'S Presentation of possible revenue option details pursuant to City Council discussion at SUNINIARY October 24, 2018 budget workshop REVIEWED BY 1 C.0.\X", Mtg. CDN Comm [1] Finance Comm. El Public Safety Comm. fl Arts Comm. El Parks Comm. [11 Planning Comm. COMAE 11 EE Cf IAIR: E Trans &Infrastructure DATE: 11/5/18 RECOMMENDATIONS: SPoNsoR/ADmIN. CONINII Finance FIRE COST IMPACT FUND SOURCE EXPENDI FURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/5/18 MTG. DATE ATTACHMENTS 1 /5/18 Informational Memorandum dated 10/29/18 Mayor's Proposed Budget — October 1, 2018 Mayor's Proposed Budge — Updated with New Sales and Property Tax Information Option A — Updated Mayor's Proposed plus Business Licenses Stair -Stepped Option B — Option A plus Card Room Business License Capped at Flat Fee of $500 257 258 City of Tukwila Allan Ekberg, Mayor TO: FROM: BY: INFOR ATIONAL E ORA DU City Council Peggy McCarthy, Finance Director Jeff Friend, Fiscal Manager CC: Mayor Ekberg DATE: October 29, 2018 SUBJECT: Six Year Forecast — Revenue Options ISSUE Presentation of possible revenue option details pursuant to City Council discussion at October 24th budget workshop. BACKGROUND With sales tax revenue levels flattening in 2018 and sales tax mitigation payments ending in late 2019, the administration proposed a balanced budget that included reduced expenditures — a 1.5°/0 reduction for the Police and Fire Departments and a 3% reduction for other departments - and increased revenues to close the gap left by the anticipated lost revenue. The proposed budget includes an increase of 1% for gambling tax on card rooms and a fee increase on business licenses. At the October 24th budget workshop, staff presented current sales and property tax revenue information. Sales tax collections through July 2018 exceed the 2018 budget and the preliminary 2019 property tax assessment exceeds the 2019 budget. This favorable revenue performance supports increased sales and property tax revenue projections for the next biennium and 6-year financial planning period. Even with these improved projections, the City remains in need of increased revenues due to the loss of $1.2M in sales tax mitigation funds for 2020 and beyond (a $300K loss in 2019) and the volatile and unpredictable nature of the sales tax revenue. The City Council requested more detail about alternatives related to the increased revenues for the 2019/2020 budget and the respective impact on the six -year financial forecast. DISCUSSION Recognizing that the improved revenue projections provide opportunities for Council, and pursuant to Council requests, two alternatives have been prepared. Mayor's Proposed Budget — 2018 sales tax projection is increased from $18.95M to Updated with New Sales and $19.6M, an increase of $650K. Also included is an Property Tax Information increase of 2019 property tax revenue to the 2019 preliminary levy amount. Both revisions increase the base for sales tax and property tax in the future years. Option A — Updated Mayor's Option A includes everything from the Updated Mayor's Proposed plus Business Budget but replaces full implementation of the Business Licenses Stair -Stepped License fees increase in 2019 with a stepped increase. In this option, the Business License fee increase is implemented 50% in 2019 ($750K) and fully in 2020 ($1.5M). 259 INFORMATIONAL MEMO Page 2 Option B — Option A plus Gambling Business License Capped at Flat Fee of $500 Option B includes everything from Option B but Business License fees for card rooms would be restricted to a flat $500. The stepped increase for Business License fees remains in this option. It should be noted that an additional option proposed for the card room business license fee would base the business license fee on the amount or level of card room revenue. Staff considered this option and determined it would be difficult and time consuming to administer. Therefore, this alternative was not modeled. Effect on Fund Balance 2019 Budget 2020 Budget 2021 Pro'ected 2022 Preected 2023 Pro'ected 2024 Projected 10,297,265 10/1 Proposed Budget 13,054,964 13,575,385 12,626,074 12,379,325 9,380,328 18% goal? X X Updated Projections Option A 13,959,794 15,399,842 15,389,801 16,102,416 14,081,915 15,969,944 Cumulative increase over 10/1 proposed budget 904,830 1,824,457 2,763,727 3,723,091 4,701,587 5,672,679 18% goal? Option B 13,209,794 14,649,842 14,639,801 15,352,416 13,331,915 15,246,944 Cumulative increase over 10/1 proposed budget 154,830 1,074,457 2,013,727 2,973,091 3,951,587 4,949,679 18% goal? ..o# Option C 13,187,794 14, 5,842 14,573,801 15,264,416 13,221,915 15,114,944 Cumulative increase over 10/1 proposed budget 132,830 1,030,457 1,947,727 2,885,091 3,841,587 4,817,679 18% goal? V V As is, the 10/1 Proposed Budget does not result in Ending Fund Balances that meet the City's 18% Reserve Policy requirement in years five and six of the six -year financial forecast. All Ending Fund Balances resulting from the updated Mayor's proposed budget and business license fee options A, and B are expected to meet the City's 18% Reserve Policy requirement. It should be noted that the 3% reduction of expenditures remains in place in the proposed 2019/2020 budget. Council Discussion Items Below is a list of items mentioned by the Council at the at the October 24 budget workshop and the associated potential funding opportunities. Not all one-time or ongoing items can be achieved with existing revenues and expenditures. 260 INFORMATIONAL MEMO Page 3 Z 3 4 5 6 7 8 Priority Estimated Amount One -Time vs. Ongoing Potential Source 3l4OthSt/Tukwila International Boulevard Crosswalk $208K One-time Ending fund balance Swings and dog park atCascade View Park $50K One-time Ending fund balance Comp|ednO/innp�|emnentingTuk*i|a International 8muievardCNU Recommendations $130K One-time Ending fund balance Enhancements tosenior programming up to $150K Ongoing Grant funding from the 6-yearKing County Veteran, Senior, and Human Services levy Enhancements tosafety inschool zones, including traffic cameras Ongoing Funded by trafficticket revenue Additional $35OKfor residential streets $350K Ongoing Ending fund balance Additional $4U0for annual overlay $400K Ongoing Ending fund balance Allentown bridge $41VI $81VI Ongoing [ound|n:anicbonds. RECOMMENDATION For information only. ATTACHMENTS: 6-Year Financial Plan * Mayor's Proposed Budget — October 1. 2018 • Mayor's Proposed Budget — Updated with New Sales and Property Tax Information w [)otionA— Updated Mayor's Proposed plus Business Licenses Stair -Stepped * Option B—Option /\plus Card Room Business License Capped at Flat Fee .of$5OO 261 262 General Fund 2016 Actuals Mayor's Proposed Budget - October 1, 2018 2017 2018 2018 2019 2020 Actuals Projected YE Budget Budget Budget 2021 Projected 2022 Projected 2023 Projected 2024 Projected Percent Change (Budgetary Comparison) 2018-19 2019-20 2020 2021-22 2022-2023-24 -21 23 Revenues Revenues Taxes Sales Tax 18,262,544 18,164,227 18,950,000 19,932,102 19,234,250 19,522,764 19,913,219 20,311,483 20,717,713 21,132,067 -3.5% 1.5% 2.0% 2.0% 2.0% 2.0% Use Tax 645,646 642,974 644,389 675,000 650,000 690,000 703,800 717,876 732,234 746,878 -3.7% 6.2% 2.0% 2.0% 2.0% 2.0% Total Sales Tax 18,908,190 18,807,201 19,594,389 20,607,102 19,884,250 20,212,764 20,617,019 21,029,359 21,449,947 21,878,945 -3.5% 1.7% 2.0% 2.0% 2.0% 2.0% Property Tax 14,494,747 14,857,787 15,197,455 15,279,302 15,678,362 15,991,930 16,391,728 16,801,521 17,137,552 17,480,303 2.6% 2.0% 2.5% 2.5% 2.0% 2.0% Business Tax 10,674,315 11,151,949 11,300,368 11,229,927 11,887,200 12,082,610 12,442,002 12,788,156 13,119,732 13,487,270 5.9% 1.6% 3.0% 2.8% 2.6% 2.8% Total Taxes 44,077,252 44,816,937 46,092,212 47,116,331 47,449,812 48,287,304 49,450,749 50,619,036 51,707,231 52,846,518 0.7% 1.8% 2.4% 2.4% 2.1% 2.2% Charges for Services 3,249,784 3,012,296 2,834,061 2,850,080 3,207,207 3,269,207 3,561,939 3,622,852 3,684,871 3,748,018 12.5% 1.9% 9.0% 1.7% 1.7% 1.7% Other Income 586,017 608,671 666,527 1,043,084 1,050,723 1,080,722 936,727 944,932 840,206 848,813 0.7% 2.9% -13.3% 0.9% -11.1% 1.0% Licenses & Permits 3,938,710 4,506,790 4,800,224 4,304,090 6,488,894 6,808,894 6,920,373 7,011,922 7,104,834 7,199,131 50.8% 4.9% 1.6% 1.3% 1.3% 1.3% Transfers In 2,233,476 2,279,058 2,325,643 2,325,643 2,545,645 2,637,288 2,778,611 2,848,076 2,919,278 2,992,260 9.5% 3.6% 5.4% 2.5% 2.5% 2.5% Intergovernmental Revenue 4,632,424 4,720,198 4,422,687 4,377,985 4,527,100 3,724,067 3,810,329 3,869,810 3,930,481 3,992,366 3.4% -17.7% 2.3% 1.6% 1.6% 1.6% Fines & Penalties 252,792 270,866 212,102 254,129 270,218 291,718 294,635 297,582 300,557 303,563 6.3% 8.0% 1.0% 1.0% 1.0% 1.0% Total Revenues 58,970,455 60,214,816 61,353,456 62,271,342 65,539,599 66,099,200 67,753,363 69,214,210 70,487,458 71,930,669 5.2% 0.9% 2.5% 2.2% 1.8% 2.0% Expenditures Expenditures Salaries & Benefits 39,154,831 40,228,812 40,956,743 42,943,061 43,158,448 44,434,369 45,669,129 46,946,204 48,263,871 49,623,572 0.5% 3.0% 2.8% 2.8% 2.8% 2.8% Operations 13,820,491 14,625,214 15,534,309 16,051,952 15,934,732 15,685,270 15,779,301 15,978,600 16,184,865 16,398,357 -0.7% -1.6% 0.6% 1.3% 1.3% 1.3% Transfers Out Debt Service Transfer Out- Fund 209 0 87,448 556,850 672,000 557,700 558,250 553,500 553,600 558,400 557,750 -17.0% 0.1% -0.9% 0.0% 0.9% -0.1% Transfer Out- Fund 208 0 0 119,513 246,000 402,100 402,100 402,100 767,100 766,350 767,225 63.5% 0.0% 0.0% 90.8% -0.1% 0.1% Transfer Out- Fund 217 548,675 552,300 549,251 549,250 548,700 545,300 546,300 551,500 545,900 0 -0.1% -0.6% 0.2% 1.0% -1.0% -100.0% Transfer Out- Fund 214 523,593 519,524 519,100 519,100 517,500 515,069 516,637 515,814 514,462 517,583 -0.3% -0.5% 0.3% -0.2% -0.3% 0.6% Transfer Out- Fund 219 0 0 0 0 371,875 743,750 1,981,791 2,346,791 2,346,041 2,346,916 0.0% 100.0% 166.5% 18.4% 0.0% 0.0% Transfer Out- Fund 211 811,100 809,900 809,100 809,100 810,900 0 0 0 0 0 0.2% -100.0% 0.0% 0.0% 0.0% 0.0% Transfer Out- Fund 218 113,130 113,130 113,131 113,130 113,130 113,130 113,130 113,130 0 0 0.0% 0.0% 0.0% 0.0% -100.0% 0.0% Transfer Out - Fund 200 878,333 691,150 711,970 2,940,000 711,956 709,591 711,577 2,995,144 652,634 649,246 -75.8% -0.3% 0.3% 320.9% -78.2% -0.5% Total Debt Service 2,874,831 2,773,452 3,378,915 5,848,580 4,033,861 3,587,190 4,825,035 7,843,079 5,383,787 4,838,720 -31.0% -11.1% 34.5% 62.5% -31.4% -10.1% Other Transfer to Contingency Fund 433,682 180,715 92,672 0 58,568 210,000 0 0 0 0 0.0% 258.6% -100.0% 0.0% 0.0% 0.0% Transfer to Firemen's Pension 0 0 0 69,041 0 0 0 0 0 0 -100.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfer to Golf Course 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Total Other 733,682 480,715 392,672 369,041 358,568 510,000 300,000 300,000 300,000 300,000 -2.8% 42.2% -41.2% 0.0% 0.0% 0.0% Total Transfers 3,608,513 3,254,167 3,771,587 6,217,621 4,392,429 4,097,190 5,125,035 8,143,079 5,683,787 5,138,720 -29.4% -6.7% 25.1% 58.9% -30.2% -9.6% Total Expenditures 56,583,834 58,108,193 60,262,639 65,212,634 63,485,609 64,216,829 66,573,465 71,067,883 70,132,523 71,160,649 -2.6% 1.2% 3.7% 6.8% -1.3% 1.5% Operating Results Net Operating Result 2,386,621 2,106,623 1,090,817 (2,941,292) 2,053,990 1,882,371 1,179,898 (1,853,673) 354,935 770,020 Capital 798,601 117,679 76,589 30,000 270,000 240,000 0 0 0 0 800.0% -11.1% -100.0% 0.0% 0.0% 0.0% Transfers Transfer In Transfer from PSP 0 0 1,000,000 0 0 0 970,791 1,956,951 2,346,041 2,346,916 0.0% 0.0% 0.0% 101.6% 19.9% 0.0% Transfer from Land Acq. Park 0 300,000 0 6,050,000 200,000 200,000 0 2,250,000 0 0 -96.7% 0.0% -100.0% 0.0% -100.0% 0.0% Total Transfer In 0 300,000 1,000,000 6,050,000 200,000 200,000 970,791 4,206,951 2,346,041 2,346,916 -96.7% 0.0% 385.4% 333.4% -44.2% 0.0% Transfer Out Transfer to Land Acq. Park 0 122,190 88,190 122,000 19,600 21,950 0 0 0 0 -83.9% 12.0% -100.0% 0.0% 0.0% 0.0% Transfer to City Facilities 0 141,854 1,000,000 0 0 0 0 0 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfer to Arterial Street 751,000 1,800,000 0 3,000,000 0 1,000,000 2,500,000 2,000,000 5,000,000 1,500,000 -100.0% 0.0% 150.0% -20.0% 150.0% -70.0% Transfer to Gen Gov't Imp. 200,000 200,000 200,000 200,000 200,000 200,000 300,000 300,000 300,000 300,000 0.0% 0.0% 50.0% 0.0% 0.0% 0.0% Transfer to Residential Street 200,000 0 0 0 1,300,000 100,000 300,000 300,000 400,000 400,000 0.0% -92.3% 200.0% 0.0% 33.3% 0.0% Total Transfer Out 1,151,000 2,264,044 1,288,190 3,322,000 1,519,600 1,321,950 3,100,000 2,600,000 5,700,000 2,200,000 -54.3% -13.0% 134.5% -16.1% 119.2% -61.4% Net Transfers Out (In) 1,151,000 1,964,044 288,190 (2,728,000) 1,319,600 1,121,950 2,129,209 (1,606,951) 3,353,959 (146,916) -148.4% -15.0% 89.8% -175.5% -308.7% -104.4% Total Capital Outflows (Inflows) 1,949,601 2,081,723 364,779 (2,698,000) 1,589,600 1,361,950 2,129,209 (1,606,951) 3,353,959 (146,916) -158.9% -14.3% 56.3% -175.5% -308.7% -104.4% Fund Balance Starting Fund Balance 11,402,617 11,845,854 11,864,536 11,864,536 12,590,574 13,054,964 13,575,385 12,626,074 12,379,352 9,380,328 6.1% 3.7% 4.0% -7.0% -2.0% -24.2% Surplus/Deficit 437,020 24,900 726,038 (243,292) 464,390 520,421 (949,311) (246,722) (2,999,024) 916,936 -290.9% 12.1% -282.4% -74.0% 1115.5% -130.6% Ending Fund Balance 11,839,636 11,864,536 12,590,574 11,621,244 13,054,964 13,575,385 12,626,074 12,379,352 9,380,328 10,297,265 12.3% 4.0% -7.0% -2.0% -24.2% 9.8% Reserve Policy (18% of prior year ongoing revenue): 10,614,682 10,838,667 11,043,622 Yr 11,797,128 11,897,856 12,195,605 I 12,458,558 12,687,742 Mayor's Proposed Budget - Updated with New Sales and Property Tax Information General Fund 2016 2017 2018 2018 2019 2020 2021 2022 Actuals Actuals Projected YE Budget Budget Budget Projected Projected 2023 Projected 2024 Projected 2018-19 Percent Change (Budgetary Comparison) 2019-20 2020 2021-22 2022-2023-24 -21 23 Revenues Revenues Taxes Sales Tax 18,262,544 18,164,227 19,600,000 19,932,102 19,894,000 20,192,410 20,596,258 21,008,183 21,428,347 21,856,914 -0.2% 1.5% 2.0% 2.0% 2.0% 2.0% Use Tax 645,646 642,974 644,389 675,000 650,000 690,000 703,800 717,876 732,234 746,878 -3.7% 6.2% 2.0% 2.0% 2.0% 2.0% Total Sales Tax 18,908,190 18,807,201 20,244,389 20,607,102 20,544,000 20,882,410 21,300,058 21,726,059 22,160,581 22,603,792 -0.3% 1.6% 2.0% 2.0% 2.0% 2.0% Property Tax 14,494,747 14,857,787 15,197,455 15,279,302 15,923,442 16,241,911 16,647,959 17,064,158 17,405,441 17,753,550 4.2% 2.0% 2.5% 2.5% 2.0% 2.0% Business Tax 10,674,315 11,151,949 11,300,368 11,229,927 11,887,200 12,082,610 12,442,002 12,788,156 13,119,732 13,487,270 5.9% 1.6% 3.0% 2.8% 2.6% 2.8% Total Taxes 44,077,252 44,816,937 46,742,212 47,116,331 48,354,642 49,206,931 50,390,019 51,578,373 52,685,754 53,844,612 2.6% 1.8% 2.4% 2.4% 2.1% 2.2% Charges for Services 3,249,784 3,012,296 2,834,061 2,850,080 3,207,207 3,269,207 3,561,939 3,622,852 3,684,871 3,748,018 12.5% 1.9% 9.0% 1.7% 1.7% 1.7% Other Income 586,017 608,671 666,527 1,043,084 1,050,723 1,080,722 936,727 944,932 840,206 848,813 0.7% 2.9% -13.3% 0.9% -11.1% 1.0% Licenses & Permits 3,938,710 4,506,790 4,800,224 4,304,090 6,488,894 6,808,894 6,920,373 7,011,922 7,104,834 7,199,131 50.8% 4.9% 1.6% 1.3% 1.3% 1.3% Transfers In 2,233,476 2,279,058 2,325,643 2,325,643 2,545,645 2,637,288 2,778,611 2,848,076 2,919,278 2,992,260 9.5% 3.6% 5.4% 2.5% 2.5% 2.5% Intergovernmental Revenue 4,632,424 4,720,198 4,422,687 4,377,985 4,527,100 3,724,067 3,810,329 3,869,810 3,930 481 3,992,366 3.4% -17.7% 2.3% 1.6% 1.6% 1.6% Fines & Penalties 252,792 270,866 212,102 254,129 270,218 291,718 294,635 297,582 300,557 303,563 6.3% 8.0% 1.0% 1.0% 1.0% 1.0% Revenue Adjustment 0 0 0 0 0 0 0 0 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Total Revenues 58,970,455 60,214,816 62,003,456 62,271,342 66,444,429 67,018,827 68,692,633 70,173,547 71,465,981 72,928,763 6.7% 0.9% 2.5% 2.2% 1.8% 2.0% Expenditures Expenditures Salaries & Benefits 39,154,831 40,228,812 40,956,743 42,943,061 43,158,448 44,434,369 45,669,129 46,946,204 48,263,871 49,623,572 0.5% 3.0% 2.8% 2.8% 2.8% 2.8% Operations 13,820,491 14,625,214 15,534,309 16,051,952 15,934,732 15,685,270 15,779,301 15,978,600 16,184,865 16,398,357 -0.7% -1.6% 0.6% 1.3% 1.3% 1.3% Departmental Adjustment 0 0 650,000 0 0 0 0 0 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfers Out Debt Service Transfer Out - Fund 209 0 87,448 556,850 672,000 557,700 558,250 553,500 553,600 558,400 557,750 -17.0% 0.1% -0.9% 0.0% 0.9% -0.1% Transfer Out - Fund 208 0 0 119,513 246,000 402,100 402,100 402,100 767,100 766,350 767,225 63.5% 0.0% 0.0% 90.8% -0.1% 0.1% Transfer Out - Fund 217 548,675 552,300 549,251 549,250 548,700 545,300 546,300 551,500 545,900 0 -0.1% -0.6% 0.2% 1.0% -1.0% -100.0% Transfer Out - Fund 214 523,593 519,524 519,100 519,100 517,500 515,069 516,637 515,814 514,462 517,583 -0.3% -0.5% 0.3% -0.2% -0.3% 0.6% Transfer Out - Fund 219 0 0 0 0 371,875 743,750 1,981,791 2,346,791 2,346,041 2,346,916 0.0% 100.0% 166.5% 18.4% 0.0% 0.0% Transfer Out - Fund 211 811,100 809,900 809,100 809,100 810,900 0 0 0 0 0 0.2% -100.0% 0.0% 0.0% 0.0% 0.0% Transfer Out- Fund 218 113,130 113,130 113,131 113,130 113,130 113,130 113,130 113,130 0 0 0.0% 0.0% 0.0% 0.0% -100.0% 0.0% Transfer Out- Fund 200 878,333 691,150 711,970 2,940,000 711,956 709,591 711,577 2,995,144 652,634 649,246 -75.8% -0.3% 0.3% 320.9% -78.2% -0.5% Total Debt Service 2,874,831 2,773,452 3,378,915 5,848,580 4,033,861 3,587,190 4,825,035 7,843,079 5,383,787 4,838,720 -31.0% -11.1% 34.5% 62.5% -31.4% -10.1% Other Transfer to Contingency Fund 433,682 180,715 92,672 0 58,568 210,000 0 0 0 0 0.0% 258.6% -100.0% 0.0% 0.0% 0.0% Transfer to Firemen's Pension 0 0 0 69,041 0 0 0 0 0 0 -100.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfer to Golf Course 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Total Other 733,682 480,715 392,672 369,041 358,568 510,000 300,000 300,000 300,000 300,000 -2.8% 42.2% -41.2% 0.0% 0.0% 0.0% Total Transfers 3,608,513 3,254,167 3,771,587 6,217,621 4,392,429 4,097,190 5,125,035 8,143,079 5,683,787 5,138,720 -29.4% -6.7% 25.1% 58.9% -30.2% -9.6% Total Expenditures 56,583,834 58,108,193 60,912,639 65,212,634 63,485,609 64,216,829 66,573,465 71,067,883 70,132,523 71,160,649 -2.6% 1.2% 3.7% 6.8% -1.3% 1.5% Operating Results Net Operating Result 2,386,621 2,106,623 1,090,817 (2,941,292) 2,958,820 2,801,998 2,119,168 (894,336) 1,333,458 1,768,114 Capital 798,601 117,679 76,589 30,000 270,000 240,000 0 0 0 0 800.0% -11.1% -100.0% 0.0% 0.0% 0.0% Transfers Transfer In Transfer from PSP 0 0 1,000,000 0 0 0 970,791 1,956,951 2,346,041 2,346,916 0.0% 0.0% 0.0% 101.6% 19.9% 0.0% Transfer from Land Acq. Park 0 300,000 0 6,050,000 200,000 200,000 0 2,250,000 0 0 -96.7% 0.0% -100.0% 0.0% -100.0% 0.0% Total Transfer In 0 300,000 1,000,000 6,050,000 200,000 200,000 970,791 4,206,951 2,346,041 2,346,916 -96.7% 0.0% 385.4% 333.4% -44.2% 0.0% Transfer Out Transfer to Land Acq. Park 0 122,190 88,190 122,000 19,600 21,950 0 0 0 0 -83.9% 12.0% -100.0% 0.0% 0.0% 0.0% Transfer to City Facilities 0 141,854 1,000,000 0 0 0 0 0 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfer to Arterial Street 751,000 1,800,000 0 3,000,000 0 1,000,000 2,500,000 2,000,000 5,000,000 1,500,000 -100.0% 0.0% 150.0% -20.0% 150.0% -70.0% Transfer to Gen Gov't Imp. 200,000 200,000 200,000 200,000 200,000 200,000 300,000 300,000 300,000 300,000 0.0% 0.0% 50.0% 0.0% 0.0% 0.0% Transfer to Residential Street 200,000 0 0 0 1,300,000 100,000 300,000 300,000 400,000 400,000 0.0% -92.3% 200.0% 0.0% 33.3% 0.0% Total Transfer Out 1,151,000 2,264,044 1,288,190 3,322,000 1,519,600 1,321,950 3,100,000 2,600,000 5,700,000 2,200,000 -54.3% -13.0% 134.5% -16.1% 119.2% -61.4% Net Transfers Out (In) 1,151,000 1,964,044 288,190 (2,728,000) 1,319,600 1,121,950 2,129,209 (1,606,951) 3,353,959 (146,916) -148.4% -15.0% 89.8% -175.5% -308.7% -104.4% Total Capital Outflows (Inflows) 1,949,601 2,081,723 364,779 (2,698,000) 1,589,600 1,361,950 2,129,209 (1,606,951) 3,353,959 (146,916) -158.9% -14.3% 56.3% -175.5% -308.7% -104.4% Fund Balance Starting Fund Balance 11,402,617 11,845,854 11,864,536 11,864,536 12,590,574 13,959,794 15,399,842 15,389,801 16,102,416 14,081,915 6.1% 10.9% 10.3% -0.1% 4.6% -12.5% Surplus/Deficit 437,020 24,900 726,03a (243,292) 1,369,220 1,440,048 (10,041) 712,615 (2,020,501) 1,915,030 -662.8% 5.2% -100.7% -7196.9% -383.5% -194.8% Ending Fund Balance 11,839,636 11,864,536 12,590,574 11,621,244 13,959,794 15,399,842 15,389,801 16,102,416 14,081,915 15,996,944 20.1% 10.3% -0.1% 4.6% -12.5% 13.6% Reserve Policy (18% of prior year ongoing revenue): 10,614,682 10,838,667 11,160,622 I 11,959,997 12,063,389 12,364,674 12,631,238 12,863,877 General Fund Option A - Updated Mayor's Proposed plus Business Licenses Stair -Stepped (50% increase in 2019, full increase in 2020) 2016 2017 2018 2018 2019 2020 2021 2022 Actuals Actuals Projected YE Budget Budget Budget Projected Projected 2023 Projected 2024 Projected Percent 2018-19 Change (Budgetary Comparison) 2019-20 2020 2021-22 2022- -21 23 2023-24 Revenues Revenues Taxes Sales Tax 18,262,544 18,164,227 19,600,000 19,932,102 19,894,000 20,192,410 20,596,258 21,008,183 21,428,347 21,856,914 -0.2% 1.5% 2.0% 2.0% 2.0% 2.0% Use Tax 645,646 642,974 644,389 675,000 650,000 690,000 703,800 717,876 732,234 746,878 -3.7% 6.2% 2.0% 2.0% 2.0% 2.0% Total Sales Tax 18,908,190 18,807,201 20,244,389 20,607,102 20,544,000 20,882,410 21,300,058 21,726 059 22,160,581 22,603,792 -0.3% 1.6% 2.0% 2.0% 2.0% 2.0% Property Tax 14,494,747 14,857,787 15,197,455 15,279,302 15,923,442 16,241,911 16,647,959 17,064,158 17,405,441 17,753,550 4.2% 2.0% 2.5% 2.5% 2.0% 2.0% Business Tax 10,674,315 11,151,949 11,300,368 11,229,927 11,887,200 12,082,610 12,442,002 12 788,156 13,119,732 13,487,270 5.9% 1.6% 3.0% 2.8% 2.6% 2.8% Total Taxes 44,077,252 44,816,937 46,742,212 47,116,331 48,354,642 49,206,931 50,390,019 51,578,373 52,685,754 53,844,612 2.6% 1.8% 2.4% 2.4% 2.1% 2.2% Charges for Services 3,249,784 3,012,296 2,834,061 2,850,080 3,207,207 3,269,207 3,561,939 3,622,852 3,684,871 3,748,018 12.5% 1.9% 9.0% 1.7% 1.7% 1.7% Other Income 586,017 608,671 666,527 1,043,084 1,050,723 1,080,722 936,727 944,932 840,206 848,813 0.7% 2.9% -13.3% 0.9% -11.1% 1.0% Licenses&Permits 3,938,710 4,506,790 4,800,224 4,304,090 6,488,894 6,808,894 6,920,373 7,011,922 7,104,834 7,199,131 50.8% 4.9% 1.6% 1.3% 1.3% 1.3% Transfers In 2,233,476 2,279,058 2,325,643 2,325,643 2,545,645 2,637,288 2,778,611 2,848,076 2,919,278 2,992,260 9.5% 3.6% 5.4% 2.5% 2.5% 2.5% Intergovernmental Revenue 4,632,424 4,720,198 4,422,687 4,377,985 4,527,100 3,724,067 3,810,329 3,869,810 3,930,481 3,992,366 3.4% -17.7% 2.3% 1.6% 1.6% 1.6% Fines & Penalties 252,792 270,866 212,102 254,129 270,218 291,718 294,635 297,582 300,557 303,563 6.3% 8.0% 1.0% 1.0% 1.0% 1.0% Revenue Adjustment 0 0 0 0 -750,000 0 0 0 0 0 0.0% -100.0% 0.0% 0.0% 0.0% 0.0% Total Revenues 58,970,455 60,214,816 62,003,456 62,271,342 65,694,429 67,018,827 68,692,633 70,173,547 71,465,981 72,928,763 5.5% 2.0% 2.5% 2.2% 1.8% 2.0% Expenditures Expenditures Salaries & Benefits 39,154,831 40,228,812 40,956,743 42,943,061 43,158,448 44,434,369 45,669,129 46,946,204 48,263,871 49,623,572 0.5% 3.0% 2.8% 2.8% 2.8% 2.8% Operations 13,820,491 14,625,214 15,534,309 16,051,952 15,934,732 15,685,270 15,779,301 15,978,600 16,184,865 16,398,357 -0.7% -1.6% 0.6% 1.3% 1.3% 1.3% Departmental Adjustment 0 0 650,000 0 0 0 0 0 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfers Out Debt Service Transfer Out - Fund 209 0 87,448 556,850 672,000 557,700 558,250 553,500 553,600 558,400 557,750 -17.0% 0.1% -0.9% 0.0% 0.9% -0.1% Transfer Out- Fund 208 0 0 119,513 246,000 402,100 402,100 402,100 767,100 766,350 767,225 63.5% 0.0% 0.0% 90.8% -0.1% 0.1% Transfer Out - Fund 217 548,675 552,300 549,251 549,250 548,700 545,300 546,300 551,500 545,900 0 -0.1% -0.6% 0.2% 1.0% -1.0% -100.0% Transfer Out- Fund 214 523,593 519,524 519,100 519,100 517,500 515,069 516,637 515,814 514,462 517,583 -0.3% -0.5% 0.3% -0.2% -0.3% 0.6% Transfer Out- Fund 219 0 0 0 0 371,875 743,750 1,981,791 2,346,791 2,346,041 2,346,916 0.0% 100.0% 166.5% 18.4% 0.0% 0.0% Transfer Out- Fund 211 811,100 809,900 809,100 809,100 810,900 0 0 0 0 0 0.2% -100.0% 0.0% 0.0% 0.0% 0.0% Transfer Out- Fund 218 113,130 113,130 113,131 113,130 113,130 113,130 113,130 113,130 0 0 0.0% 0.0% 0.0% 0.0% -100.0% 0.0% Transfer Out- Fund 200 878,333 691,150 711,970 2,940,000 711,956 709,591 711,577 2,995,144 652,634 649,246 -75.8% -0.3% 0.3% 320.9% -78.2% -0.5% Total Debt Service 2,874,831 2,773,452 3,378,915 5,848,580 4,033,861 3,587,190 4,825,035 7,843,079 5,383,787 4,838,720 -31.0% -11.1% 34.5% 62.5% -31.4% -10.1% Other Transfer to Contingency Fund 433,682 180,715 92,672 0 58,568 210,000 0 0 0 0 0.0% 258.6% -100.0% 0.0% 0.0% 0.0% Transfer to Firemen's Pension 0 0 0 69,041 0 0 0 0 0 0 -100.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfer to Golf Course 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Total Other 733,682 480,715 392,672 369,041 358,568 510,000 300,000 300,000 300,000 300,000 -2.8% 42.2% -41.2% 0.0% 0.0% 0.0% Total Transfers 3,608,513 3,254,167 3,771,587 6,217,621 4,392,429 4,097,190 5,125,035 8,143,079 5,683,787 5,138,720 -29.4% -6.7% 25.1% 58.9% -30.2% -9.6% Total Expenditures 56,583,834 58,108,193 60,912,639 65,212,634 63,485,609 64,216,829 66,573,465 71,067,883 70,132,523 71,160,649 -2.6% 1.2% 3.7% 6.8% -1.3% 1.5% Operating Results Net Operating Result 2,386,621 2,106,623 1,090,817 (2,941,292) 2,208,820 2,801,998 2,119,168 (894,336) 1,333,458 1,768,114 Capital 798,601 117,679 76,589 30,000 270,000 240,000 0 0 0 0 800.0% -11.1% -100.0% 0.0% 0.0% 0.0% Transfers Transfer In Transfer from PSP 0 0 1,000,000 0 0 0 970,791 1,956,951 2,346,041 2,346,916 0.0% 0.0% 0.0% 101.6% 19.9% 0.0% Transfer from Land Acq. Park 0 300,000 0 6,050,000 200,000 200,000 0 2,250,000 0 0 -96.7% 0.0% -100.0% 0.0% -100.0% 0.0% Total Transfer In 0 300,000 1,000,000 6,050,000 200,000 200,000 970,791 4,206,951 2,346,041 2,346,916 -96.7% 0.0% 385.4% 333.4% -44.2% 0.0% Transfer Out Transfer to Land Acq. Park 0 122,190 88,190 122,000 19,600 21,950 0 0 0 0 -83.9% 12.0% -100.0% 0.0% 0.0% 0.0% Transfer to City Facilities 0 141,854 1,000,000 0 0 0 0 0 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfer to Arterial Street 751,000 1,800,000 0 3,000,000 0 1,000,000 2,500,000 2,000,000 5,000,000 1,500,000 -100.0% 0.0% 150.0% -20.0% 150.0% -70.0% Transfer to Gen Gov't Imp. 200,000 200,000 200,000 200,000 200,000 200,000 300,000 300,000 300,000 300,000 0.0% 0.0% 50.0% 0.0% 0.0% 0.0% Transfer to Residential Street 200,000 0 0 0 1,300,000 100,000 300,000 300,000 400,000 400,000 0.0% -92.3% 200.0% 0.0% 33.3% 0.0% Total Transfer Out 1,151,000 2,264,044 1,288,190 3,322,000 1,519,600 1,321,950 3,100,000 2,600,000 5,700,000 2,200000 -54.3% -13.0% 134.5% -16.1% 119.2% -61.4% Net Transfers Out (In) 1,151,000 1,964,044 288,190 (2,728,000) 1,319,600 1,121,950 2,129,209 (1,606,951) 3,353,959 (146,916) -148.4% -15.0% 89.8% -175.5% -308.7% -104.4% Total Capital Outflows (Inflows) 1,949,601 2,081,723 364,779 (2,698,000) 1,589,600 1,361,950 2,129,209 (1,606,951) 3,353,959 (146,916) -158.9% -14.3% 56.3% -175.5% -308.7% -104.4% Fund Balance Starting Fund Balance 11,402,617 11,845,854 11,864,536 11,864,536 12,590,574 13,209,794 14,649,842 14,639,801 15,352,416 13,331,915 6.1% 4.9% 10.9% -0.1% 4.9% -13.2% Surplus/Deficit 437,020 24,900 726,038 (243,292) 619,220 1,440,048 (10,041) 712,615 (2,020,501) 1,915,030 -354.5% 132.6% -100.7% -7196.9% -383.5% -194.8% Ending Fund Balance 11,839,636 11,864,536 12,590,574 11,621,244 13,209,794 14,649,842 14,639,801 15,352,416 13,331,915 15,246,944 13.7% 10.9% -0.1% 4.9% -13.2% 14.4% Reserve Policy (18% of prior year ongoing revenue): 10, 614, 682 10, 838, 667 11,160,622 11,824,997 12,063,389 12,364,674 12,63 238 12,863,877 Option B - Option A plus Cardroom Business License Capped at Flat Fee of $500 General Fund 2016 2017 2018 2018 2019 2020 2021 2022 Actuals Actuals Projected YE Budget Budget Budget Projected Projected 2023 Projected 2024 Projected 2018- 19 Percent Change (Budgetary Comparison) 2019- 2020- 2021- 2022- 20 21 22 23 2023- 24 Revenues Revenues Taxes Sales Tax 18,262,544 18,164,227 19,600,000 19,932,102 19,894,000 20,192,410 20,596,258 21,008,183 21,428,347 21,856,914 -0.2% 1.5% 2.0% 2.0% 2.0% 2.0% Use Tax 645,646 642,974 644,389 675,000 650,000 690,000 703,800 717,876 732,234 746,878 -3.7% 6.2% 2.0% 2.0% 2.0% 2.0% Total Sales Tax 18,908,190 18,807,201 20,244,389 20,607,102 20,544,000 20,882,410 21,300,058 21,726,059 22,160,581 22,603,792 -0.3% 1.6% 2.0% 2.0% 2.0% 2.0% Property Tax 14,494,747 14,857,787 15,197,455 15,279,302 15,923,442 16,241,911 16,647,959 17,064,158 17,405,441 17,753,550 4.2% 2.0% 2.5% 2.5% 2.0% 2.0% Business Tax 10,674,315 11,151,949 11,300,368 11,229,927 11,887,200 12,082,610 12,442,002 12,788,156 13,119,732 13,487,270 5.9% 1.6% 3.0% 2.8% 2.6% 2.8% Total Taxes 44,077,252 44,816,937 46,742,212 47,116,331 48,354,642 49,206,931 50,390,019 51,578,373 52,685,754 53,844,612 2.6% 1.8% 2.4% 2.4% 2.1% 2.2% Charges for Services 3,249,784 3,012,296 2,834,061 2,850,080 3,207,207 3,269,207 3,561,939 3,622,852 3,684,871 3,748,018 12.5% 1.9% 9.0% 1.7% 1.7% 1.7% Other Income 586,017 608,671 666,527 1,043,084 1,050,723 1,080,722 936,727 944,932 840,206 848,813 0.7% 2.9% -13.3% 0.9% -11.1% 1.0% Licenses & Permits 3,938,710 4,506,790 4,800,224 4,304,090 6,488,894 6,808,894 6,920,373 7,011,922 7,104,834 7,199,131 50.8% 4.9% 1.6% 1.3% 1.3% 1.3% Transfers In 2,233,476 2,279,058 2,325,643 2,325,643 2,545,645 2,637,288 2,778,611 2,848,076 2,919,278 2,992,260 9.5% 3.6% 5.4% 2.5% 2.5% 2.5% Intergovernmental Revenue 4,632,424 4,720,198 4,422,687 4,377,985 4,527,100 3,724,067 3,810,329 3,869,810 3,930,481 3,992,366 3.4% -17.7% 2.3% 1.6% 1.6% 1.6% Fines & Penalties 252,792 270,866 212,102 254,129 270,218 291,718 294,635 297,582 300,557 303,563 6.3% 8.0% 1.0% 1.0% 1.0% 1.0% Revenue Adjustment 0 0 0 0 -772,000 -22,000 -22,000 -22,000 -22,000 -22,000 0.0% -97.2% 0.0% 0.0% 0.0% 0.0% Total Revenues 58,970,455 60,214,816 62,003,456 62,271,342 65,672,429 66,996,827 68,670,633 70,151,547 71,443,981 72,906,763 5.5% 2.0% 2.5% 2.2% 1.8% 2.0% Expenditures Expenditures Salaries & Benefits 39,154,831 40,228,812 40,956,743 42,943,061 43,158,448 44,434,369 45,669,129 46,946,204 48,263,871 49,623,572 0.5% 3.0% 2.8% 2.8% 2.8% 2.8% Operations 13,820,491 14,625,214 15,534,309 16,051,952 15,934,732 15,685,270 15,779,301 15,978,600 16,184,865 16,398,357 -0.7% -1.6% 0.6% 1.3% 1.3% 1.3% Departmental Adjustment 0 0 650,000 0 0 0 0 0 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfers Out Debt Service Transfer Out - Fund 209 0 87,448 556,850 672,000 557,700 558,250 553,500 553,600 558,400 557,750 -17.0% 0.1% -0.9% 0.0% 0.9% -0.1% Transfer Out - Fund 208 0 0 119,513 246,000 402,100 402,100 402,100 767,100 766,350 767,225 63.5% 0.0% 0.0% 90.8% -0.1% 0.1% Transfer Out - Fund 217 548,675 552,300 549,251 549,250 548,700 545,300 546,300 551,500 545,900 0 -0.1% -0.6% 0.2% 1.0% -1.0% -100.0% Transfer Out - Fund 214 523,593 519,524 519,100 519,100 517,500 515,069 516,637 515,814 514,462 517,583 -0.3% -0.5% 0.3% -0.2% -0.3% 0.6% Transfer Out - Fund 219 0 0 0 0 371,875 743,750 1,981,791 2,346,791 2,346,041 2,346,916 0.0% 100.0% 166.5% 18.4% 0.0% 0.0% Transfer Out - Fund 211 811,100 809,900 809,100 809,100 810,900 0 0 0 0 0 0.2% -100.0% 0.0% 0.0% 0.0% 0.0% Transfer Out- Fund 218 113,130 113,130 113,131 113,130 113,130 113,130 113,130 113,130 0 0 0.0% 0.0% 0.0% 0.0% -100.0% 0.0% Transfer Out - Fund 200 878,333 691,150 711,970 2,940,000 711,956 709,591 711 577 2,995,144 652,634 649,246 -75.8% -0.3% 0.3% 320.9% -78.2% -0.5% Total Debt Service 2,874,831 2,773,452 3,378,915 5,848,580 4,033,861 3,587,190 4,825,035 7,843,079 5,383,787 4,838,720 -31.0% -11.1% 34.5% 62.5% -31.4% -10.1% Other Transfer to Contingency Fund 433,682 180,715 92,672 0 58,568 210,000 0 0 0 0 0.0% 258.6% -100.0% 0.0% 0.0% 0.0% Transfer to Firemen's Pension 0 0 0 69,041 0 0 0 0 0 0 -100.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfer to Golf Course 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Total Other 733,682 480,715 392,672 369,041 358,568 510,000 300,000 300,000 300,000 300,000 -2.8% 42.2% -41.2% 0.0% 0.0% 0.0% Total Transfers 3,608,513 3,254,167 3,771,587 6,217,621 4,392,429 4,097,190 5,125,035 8,143,079 5,683,787 5,138,720 -29.4% -6.7% 25.1% 58.9% -30.2% -9.6% Total Expenditures 56,583,834 58,108,193 60,912,639 65,212,634 63,485,609 64,216,829 66,573,465 71,067,883 70,132,523 71,160,649 -2.6% 1.2% 3.7% 6.8% -1.3% 1.5% Operating Results Net Operating Result 2,386,621 2,106,623 1,090,817 (2,941,292) 2,186,820 2,779,998 2,097,168 (916,336) 1,311,458 1,746,114 Capital 798,601 117,679 76,589 30,000 270,000 240,000 0 0 0 0 800.0% -11.1% -100.0% 0.0% 0.0% 0.0% Transfers Transfer In Transfer from PSP 0 0 1,000,000 0 0 0 970,791 1,956,951 2,346,041 2,346,916 0.0% 0.0% 0.0% 101.6% 19.9% 0.0% Transfer from Land Acq. Park 0 300,000 0 6,050,000 200,000 200,000 0 2,250,000 0 0 -96.7% 0.0% -100.0% 0.0% -100.0% 0.0% Total Transfer In 0 300,000 1,000,000 6,050,000 200,000 200,000 970,791 4,206,951 2,346,041 2,346,916 -96.7% 0.0% 385.4% 333.4% -44.2% 0.0% Transfer Out Transfer to Land Acq. Park 0 122,190 88,190 122,000 19,600 21,950 0 0 0 0 -83.9% 12.0% -100.0% 0.0% 0.0% 0.0% Transfer to City Facilities 0 141,854 1,000,000 0 0 0 0 0 0 0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Transfer to Arterial Street 751,000 1,800,000 0 3,000,000 0 1,000,000 2,500,000 2,000,000 5,000,000 1,500,000 -100.0% 0.0% 150.0% -20.0% 150.0% -70.0% Transfer to Gen Gov't Imp. 200,000 200,000 200,000 200,000 200,000 200,000 300,000 300,000 300,000 300,000 0.0% 0.0% 50.0% 0.0% 0.0% 0.0% Transfer to Residential Street 200,000 0 0 0 1,300,000 100,000 300,000 300,000 400,000 400,000 0.0% -92.3% 200.0% 0.0% 33.3% 0.0% Total Transfer Out 1,151,000 2,264,044 1,288,190 3,322,000 1,519,600 1,321,950 3,100,000 2,600,000 5,700,000 2,200,000 -54.3% -13.0% 134.5% -16.1% 119.2% -61.4% Net Transfers Out (In) 1,151,000 1,964,044 288,190 (2,728,000) 1,319,600 1,121,950 2,129,209 (1,606,951) 3,353,959 (146,916) -148.4% -15.0% 89.8% -175.5% -308.7% -104.4% Total Capital Outflows (Inflows) 1,949,601 2,081,723 364,779 {2,698,000) 1,589,600 1,361,950 2,129,209 (1,606,951) 3,353,959 (146,916) -158.9% -14.3% 56.3% -175.5% -308.7% -104.4% Fund Balance Starting Fund Balance 11,402,617 11,845,854 11,864,536 11,864,536 12,590,574 13,187,794 14,605,842 14,573,801 15,264,416 13,221,915 6.1% 4.7% 10.8% -0.2% 4.7% -13.4% Surplus/Deficit 437,020 24,900 726,038 {243,292) 597,220 1,418,048 (32,041) 690,615 (2,042,501) 1,893,030 -345.5% 137.4% -102.3% -2255.4% -395.8% -192.7% Ending Fund Balance 11,839,636 11,864,536 12,590,574 11,621,244 13,187,794 14,605,842 14,573,801 15,264,416 13,221,915 15,114,944 13.5% 10.8% -0.2% 4.7% -13.4% 14.3% Reserve Policy (18% of prior year ongoing revenue): 10,614,682 10,838,667 Yr 11,160,622 q 11,821,037 12,059,429 12, 360, 714 12, 627, 278 12,859,917 Yr Allan Ekberg, Mayor TO: Mayor's Office - David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: October 31, 2018 SUBJECT: Report for November 5, 2018 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 • K4C Elected Official Summit: On October 2 Community Development staff accompanied Councilmember Kruller to the K4C Elected Official Summit where there was an overview of the K4C goals and 2018 activities, an update on the climate and energy landscape, a review of legislative interests for 2019 and an exercise on identifying priority actions. • Lower Green River Corridor Advisory Committee Meeting: On October 12 Mayor Ekberg and Councilmember Robertson attended the initial meeting of the Lower Green River Corridor Advisory Committee held at Renton City Hall. • South Seattle Chamber of Commerce Business Showcase Luncheon: On October 12 City Administrator David Cline, Economic Development Administrator Derek Speck and Business Relations Manager Brandon Miles attended the South Seattle Chamber of Commerce Business Showcase Luncheon. • South King County Housing and Homelessness Partnership Meeting: Mayor Ekberg and City Administrator David Cline attended the South King County Housing and Homelessness Partnership meeting held at the Renton Community Center on October 16. • SCATBrd Meeting: Councilmember McLeod and Community Development staff attended the October 16 SCATBrd meeting. The group received a presentation on E-Bikes from the WSDOT Active Transportation Division Director. King County Metro also provided a presentation on the Rapid Ride Program, and Metro's plans for implementation of seven new Rapid Ride lines by 2027. • Bellwether Housing Celebratory Breakfast: On October 17 Mayor Ekberg attended the Bellwether Housing Celebratory Breakfast held at the Washington Convention Center. Bellwether announced that King County has allocated $2.5 million for their low-income housing development project in Tukwila. Mayor Shirley Franklin, the first female mayor of Tukwila City Hall • 6200 Southcenter oulevard • Tukwila, WA 981 • 206-433-1800 • Website: TukwilaWA.gov 267 City Administrator's Report October 31, 2018 Page 2 Atlanta and the first black woman to be elected mayor of a major southern city, was the keynote speaker at the event. Regional Leadership Conference: Mayor Ekberg participated in a Regional Leadership Conference sponsored by the Greater Seattle Chamber of Commerce October 17 - 19. Regional Transit Committee (RTC) Meeting: Councilmember Hougardy and Community Development staff attended the October 17 RTC Meeting: A workshop focused on in-depth review of the Strategic Plan Progress Report to help inform updates to the Strategic Plan in 2019 and an update on the "Period of Maximum Constraint", during which travelling through downtown Seattle is expected to be especially challenging given multiple construction projects. An update was also provided on the Alaskan Way Viaduct removal, which is expected to start on January 11, 2019. Meeting with King County Parks: On October 23 Mayor Ekberg, City Administrator David Cline and Parks and Recreation Director Rick Still met with King County Parks staff regarding the proposed 2020-2025 Parks Renewal Levy. Meeting with King County Innovative Mobility Group: Community Development and Public Works staff met with King County staff from the Innovative Mobility Group on October 24 to discuss a new type of transit service they would like to implement in Tukwila starting in 2019. The service is called Ride2 and is planned to be a one-year pilot program that will provide additional service to transit users who have the start or end of their trip at Tukwila International Boulevard (TIB) light rail station. A transportation network company will provide rides to/from the station within a 3-4 square mile service area. Participating vehicles will be branded with the Metro logo, fares will be the standard Metro fare and users will be able to pay their fare with an Orca card or a credit card through an app. South King County Commute Trip Reduction Champions: On October 25 the Transportation Demand Management Team hosted a South King County Commute Trip Reduction Champions event at Odin Brewery to recognize South King County employers for their work to encourage non -drive alone commutes. King County Housing Authority and Odin Brewing were recognized for improvements to bicycle facilities at their sites. Society of American Military Engineers (SAME) Celebrate Veterans Luncheon: Mayor Ekberg attended the SAME Celebrate Veterans Luncheon held at Bahama Breeze on October 26. B. Community Events • Second Annual Green Tukwila Day: On October 6 Mayor Ekberg offered welcoming remarks at the second annual Green Tukwila Day held at Tukwila Park. City of Tukwila staff, Forterra, the Student Conservation Association and many other volunteers have been working diligently throughout the past year and half to implement the initial phase of Green Tukwila 20-year Stewardship Plan. 55 volunteers contributed 158 volunteer hours, 122 native plants were mulched, and 6,000 square feet of English ivy was removed. • Curbside Registration for Youth Basketball: Steve Batz and Marius Francis hosted a Youth Basketball registration event at Tukwila Elementary School on October 18. They set up a Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 268 City Administrator's Report October 31, 2018 Page 3 registration table outside of the school near the pickup loop - creating curbside registration for basketball players and making registration easy and accessible for parents. Additional registration events are scheduled to occur at Showalter Middle School, Thorndyke Elementary and Cascade View Elementary. • Autumn Harvest Carnival: The annual Autumn Harvest Carnival was held on October 25. Several hundred children and caregivers attended to play carnival games, walk (or run) a haunted trail, roast s'mores and crawl through a box maze. The Library Advisory Board and Parks Commission supported the event with apples, hot cider, and music. • Opportunity Zone Workshop: On November 2 the City is hosting a workshop at the Sullivan Center for property owners, investors, and developers on the new federal opportunity zone tax incentive, marketing the opportunity zones along Tukwila International Boulevard. III. Staff Updates Project Updates • 42nd Ave Phase III: Estimated Completion: December 2018 Paving has been completed on 42nd Ave S and S 160th Street. Several modular block walls and a rock wall have been completed and the existing guardrail has been raised. Driveways will be poured in the comingweeks Sidewalks cannot be completed until existing power poles can be removed. Seattle City Light is continuing to work on private service connections, CenturyLink continues their work on the new underground system and Comcast and Zayo crews will start their work on the new underground system soon. • 53rd Ave S: Estimated Completion: March 2019 The contractor is close to completing the joint utility trench (water and electrical) and has started working on the storm drains. Once the storm drains are completed in mid -November, they will begin road work and prep for paving, weather permitting. • BAR Bridge Rehabilitation: Estimated Completion: February 2019 The contractor has completed the deck overlay and is focusing on the work to complete the new sidewalk along the south side of the structure. Work also continues beneath the structure to extend the new drainage system. • S 119th Street Pedestrian Bridge: Completed The City, contracting with King County maintenance staff, has completed the epoxy deck surfacing for the S 119th Street Pedestrian Bridge. This epoxy provides a non-skid/slip surfacing that makes traversing the bridge safer and easier for pedestrians when the pedestrian bridge deck is wet or frozen. • Traffic Calming Measures: Public Works staff installed speed cushions at the 4500 block of S 148th Street and radar displays on Tukwila International Boulevard near S 140th Street. • Water Main Break at S 144th Street: On October 15 Public Works staff responded to and repaired a 9' crack in the top of a water main located at 6402 S 144th Street. • Water Main Break at 223 Andover Park East: On October 21 Public Works staff responded to a water main break in the water main that feeds the Interurban Hotel property at 223 Phone: 206-433-1800 • E ait: Mayor )TukwilaWA.gov • Website: TukwilaWA.gov 269 City Administrator's Report October 31, 2018 Page 4 Andover Park East. Staff were able to isolate the break, a 3' longitudinal crack, and make repairs. All customers were in service while the broken section of pipe was replaced. • Tukwila Village: The Tukwila Village Community Development Association held its third board meeting on October 23. The Board will be issuing a Request for Proposals seeking an organization to manage the Sullivan Center venue for 2019 while the Board considers all options for venue management. • Crestview Park: Parks maintenance staff have started work at Crestview Park to improve safety by clearing sightlines. They are also renovating turf at the park. • Encampment Cleanup: Parks Maintenance staff posted notice for an encampment on the southern end of Codiga park and cleaned up an encampment along the Green River Trail located near the 1-5 overpass. In total approximately 10 cubic yards of debris was removed from the site. • Tukwila Pond: On October 23 Robert Eaton gave a presentation to the Lodging Tax Advisory Committee on the Tukwila Pond. The presentation provided general information about the park, current status of the site, a vision of what the site could be, barriers to achieving that, and next steps to overcome those barriers. The presentation also identified the value of a green space park within the Tukwila Urban Center and the importance of improving access to the site which will help activate the park. The presentation culminated with a site tour of Tukwila Pond. • Complaint Process for Abandoned Homes: Code Enforcement now has approved language and form templates to respond to complaints on abandoned or "zombie" houses, per Washington House Bill HB2057. Staff has already responded to one request from a mortgage company to declare one of their foreclosed properties as abandoned and a nuisance in order to assist in the nuisance abatement process. • HealthPoint Health and Wellness Center: HealthPoint will present some preliminary concepts for its future Health and Wellness Center at the Council's Community Development and Neighborhoods meeting on December 11. Boards and Commissions • Arts Commission: No vacancies. • Civil Service Commission: No vacancies. • Community -Oriented Policing Citizens Advisory Board: Vacant Position: Student Representative. • Equity & Social Justice Commission: Vacant Position Student Representative. • Human Services Advisory Board: No vacancies. • Landmark Commission: No vacancies. • Library Advisory Board: Vacant Positions: Position #7 Resident and Student Representative • Lodging Tax Advisory Committee: Vacant Positions No vacancies. • Park Commission: Vacant Positions: Position #4 Resident and Student Representative. • Planning Commission: No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 270 City of Tukwila - Facilities Plan TOTAL PROJECT MONTHLY Budget Report (REVISED Budgets as of July 2018) Life to Date Costs as of October 29, 2018 (reconciled w accig thru Oct 09, 2018 GL) i. COUNCIL REPORTING SUMVARY - STICE CENTER .11.Ori;4444441 Budget ' Budget Transfers Current Budget Committed Budget I Life w mac Costs 81.111aing Conn:pined Rcluoining Budget Cost ta Completims A/E Services (both Design & CA) Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) Contingency for Site Contamination (soils,hazmat) Land Acquisition Contingency for Land Acquisition $ 3,278,125 $ 700,000 $ 38,738,678 $ 2,112,639 $ 1,815,875 $ 6,507,731 $ - $ 14,133,295 $ 1,250,000 $ 221,875 $ - $ (11,315) $ - $ - $ (1,179,518) $ 750,000 $ (81,042) $ 300,000 $ 3,500,000 $ 700,000 $ 38,727,363 $ 2,112,639 $ 1,815,875 $ 5,328,213 $ 750,000 $ 14,052,253 $ 1,550,000 $ 3,122,809 $ 13,573 $ 398,571 $ 300,495 $ 1,667,889 $ - $ - $ 9,468,775 $ 229,200 $ 1,197,595 $ 13,573 $ 243,273 $ 222,004 $ 474,040 $ - $ - $ 9,423,634 $ 229,200 $ 1,925,214 $ - $ 155,298 $ 78,491 $ 1,193,849 $ - $ - $ 45,141 $ - $ 377,191 $ 686,427 $ 38,328,792 $ 1,812,144 $ 147,986 $ 5,328,213 $ 750,000 $ 4,583,478 $ 1,320,800 $ - $ - $ - $ $ - $ - $ - $ - $ - .: TOTAL $ 68,536,343 - S 68,536,343 15,201,312 S 11,803,319 S 3,397,993 53,335,031 S - COUNCIL REPORTING St':11MARY - FIRE STATION 51 Original Budget Budget Transfers Current Budget Conmdtted Bridget Life to Date COOS Renutheg Committed Remaining Burka Cost at Completion AfE Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency Gott Construction & Project) TOTAL $ 1,070,000 $ 234,000 $ 9,396,000 931,000 526,000 $ 1,116,000 13,273,000 $ 69,701 $ - $ - $ - $ - $ - $ (69,701) $ 1,139,701 234,000 9,396,000 931,000 526,000 1,046,299 13,273,000 $ 1,076,192 $ 10,529 150,000 83,987 343,949 $ 1,664,657 503,136 10,529 76,524 99,917 690,106 573,056 150,000 7,463 244,032 974,551 $ 63,509 223,471 9,246,000 847,013 182,051 1,046,299 11,608,343 Hil 1111 COUNCIL REPORTING SUMMARY - FIRE STATION 52 Original Budget Budget Transfers Current Budget Connuitted Budget Life to Date Costs Remaiteg Committed Remaining, Budget Cost at Completion A/E Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency Gott Construction & Project) $ 1,415,000 16,000 353,000 $ 13,298,000 $ 1,398,000 787,000 $ 1,343,000 456,500 193,500 $ 1,415,000 16,000 $ 353,000 $ 13,754,500 $ 1,398,000 787,000 $ 1,536,500 1,308,804 15,800 125,000 29,963 531,557 148,912 15,993 16,178 156,618 1,159,892 (193) 125,000 13,785 374,939 $ 106,196 200 353,000 $ 13,629,500 $ 1,368,037 255,443 $ 1,536,500 18,610,000 650,000 19,260,000 2,011,124 337,702 1,673,422 17,248,876 N.) COUNCIL REPORTING SUMMARY - FIRE STA TION 54 A/E Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services Gott Other Professional Svcs) Contingency (incl Construction & Project) Original Budget Budget Transfers Current Budget Committed Budget 150,000 $ 902,668 $ 20,000 $ 230,000 $ 50,000 $ 107,500 $ 41,832 $ (13,400) $ 9,875 $ 3,525 $ - $ 150,000 906,193 - $ 20,000 - $ 230,000 59,875 - $ 107,500 28,432 $ $ 142,258 906,193 97,000 44,582 105,873 Life to Date Costs Remaiteg Committed 132,044 904,701 22,628 80,718 $ 10,214 1,492 $ 97,000 21,954 25,155 $ Remaining Budget Cost at Completion 7,742 $ (0) $ 20,000 $ 133,000 $ 15,293 $ 1,627 $ 28,432 $ 1,502,000 1,502,000 1,295,906 1,140,091 155,816 206,094 ..• • • , • • "" ...• • ..• . .". . • N N TUKWILA PUBLIC SAFETY PLAN 2016 FIRE STATION 51 A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY FIRE STATION 52, A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY JUSTICE CENTER A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY PUBLIC WORKS.: A/E PROCUREMENT MASTER SITE PLAN DESIGN PHASE 1 BIDDING/CONSTRUCTION PHASE 1 MOVE-IN/OCCUPANCY PHASE 1 2017 2018 2019 2020 2021 PROJECT A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY 274 Upcoming Meetings & Events November 2018 5th (Monday) 6th (Tuesday) 7th (Wednesday) 8th (Thursday) 9th (Friday) 10th (Saturday) I> Public Safety Cmte, 5:30 PM (Hazelnut Conference Room) 3> City Council Regular Mtg., 7:00PM (Council Chambers) 3, Finance Cmte, 5:30 PM (Hazelnut Conference Room) 3> Library Advisory Board, 5:30 PM (Vommunity Center) A COPCA13, 6:30 PM (Duwamish Conference Room) > Planning Commission, 630 PM (Council Chambers) Election Day VOTE! RI 12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Friday) 17th (Saturday) Veterans Day Observed City offices & Community Center closed . > Civil Service Commission, 5:00 PM (Human Resources Conference Room) I, Transportation & Infrastructure Cmte , 5:30 PM (ifeceinut Conference Room) 3, City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) //, Community Development & Neighborhoods Cmte, 5:30 PM (Hazelnut Conference Room) > Park Commission, 5:30 PM (Community Center) >Tukwila Historical Society, 7 00 PM (Tukwila Heritage & Cultural Center. 14475 59th Ave S.) 3> Action Tukwila Meeting 7:00 — 8:30 PM (Valley View Sewer Dist., 3460 S. 148" Si) Green Tukwila Partnership Work Party at Duwamish Hifi Preserve 10:00 AM - 1:00 PM (3800 S 115th Si) www.forterra.org/ events SnackPack Stuff the Bus Food Drive 10:00 AM - 2:00 PM (SAAR 's SUPER SAVER p'OoDs, 3725 S. 144' SE) >Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallas at 206-767-2305. >Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conf Room. Contact Michelle Godyn at 206-431-2187. >Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Ihurs., 6:30 PM, Duwamish Conference Room. Contact Chris Portman at 206-431-2197 > Equity & Social Justice Commission: 1st 'Thurs., 5.15 PM., Hazelnut Conf. Room. Contact Mia Navarro at 206-454-7.564. >Finance Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf, Room. Contact Laurel Humphrey at 206-433-8993. (A) Mayor's Office contracts/agreements. (B) Tax Levy Legislation. (C) Budget Legislation. (D) A resolution adopting updated policies related to the Financial Planning Model and other general financial policies. (E) An agreement with the Washington State Department of Revenue for business licensing. (F) A resolution ordering the cancellation of uncollectable accounts receivable. > Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342. >Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. > Planning Commission/Board of Architectural Review: 4'1Thurs., 6:30 Phi, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. 1-Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993 (A) 2018 3'd Quarter Police Department report. (B) Discussion of Fire Station 54 alternatives, >•Transportation and Infrastructure Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. ,Tukwila Historical Society: 3rd Thurs, 700 PM, Tukwila Heritage & Cultural Center, 14475 59111 Avenue S. Contact Louise Jones -Brown at 206-244-4478. >Tukwila 1nel. Blvd. Action Cmte : 2nd Tues., 700 PM, Valley View Sewer District. Contact Chief Linton at 206-433-1815. 275 Tentative ntw Agenda Schedule ' REGULAR ` MEETING 2_� ' ' .~.~_~~~~~~.. MEETING 4~ ' C.O.W. November ^ � � See agenda packet covorsheetfor this week's agenda: November 5,2O10 Regular Meeting. ����" ���� ��� ����ux .���� Public Hearing: -Tax Levy Legislation. -Budget Legislation Special Issues: -A resolution establishing a compensation policy for City employees and repealing Resolution No. 1796. -A resolution repealing Resolution No. 1913 adopting a revised Business License fee schedule. -A resolution adopting the 2019 Legislative Agenda, �� �� Unfinished Business: ,Aresolution adopting the Z01DLegislative Agenda. -A resolution establishing a compensation policy for City employees and repealing Resolution No.l796. 'Aresolution repealing Resolution No. 1913 adopting arevised Business License fee schedule. 26 276