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REG 2019-02-04 COMPLETE AGENDA PACKET
Monday, o 21 Tukwila City Council Agenda REGULAR MEETING ❖ A ss Allan Ekberg, Mayor Counci/members: •:• Dennis Robertson •:. Verna Seal David Cline, City Administrator •:.De'Sean Quinn •:• Kate Kruller Kathy Hougardy, Council President •:• Thomas McLeod •:• Zak Idan t908 February 4, 2019; 7:00 PM • Ord #2602 • Res #1957 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE J ROLL CALL 2. APPOINTMENT Confirm the appointment of Vicky Carlsen to the position of Finance Director effective April 15, 2019. 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: 1/22/19 (Regular Mtg.) b. Approval of Vouchers c. Authorize the Mayor to sign Amendment No. 3 to contract #17-157 with DLR Group, Inc., for forestry and environmental services related to the Justice Center Project in the amount of $18,920.00 (full contract amount not to exceed $3,140,229.00) [Reviewed and forwarded to Consent by the Public Safety Committee on 1/22/19.] d. Authorize the Mayor to sign a grant agreement with the Rose Foundation for the "Green the Green" Project, in the amount of $25,000.00 (funding coming to the City). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 1/23/19.] e. Accept as complete the Major Maintenance of Three Bridges (Grady Way, Beacon Avenue, Frank Zepp) Project (contract #17-118) with Razz Construction Inc.; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: s2,642,339.81). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 1/23/19.J f. Authorize the Mayor to sign Amendment No. 2 to contract #16-151 with BNSF for increased flagging and railroad costs for the Boeing Access Road over BNRR Rehabilitation Project in the amount of $150,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 1/23/19.] g. Authorize the Mayor to sign a contract with King County for Community Development Block Grant (CDBG) funds for the 2018 Minor Home Repair Program, in the amount of $90,000.00. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 1/29/19.] (continued...) Pg.1 Pg.19 Pg.33 Pg.47 Pg.73 REGULAR MEETING February 4, 2019 Page 2 4. CONSENT AGENDA (cont.) h. Lodging tax funding applications: (1) Approve a lodging tax application from the Seattle Southside Regional Tourism Authority and authorize the Mayor to sign the contract for general operations for 2019-2020 in the amount of $405,000 from lodging tax funds. (2) Approve a 2019 lodging tax application from the Museum of Flight and authorize the Mayor to sign the contract for "Destination Moon — The Apollo 11 Mission" in the amount of $100,000 from lodging tax funds. (3) Approve a 2019 lodging tax application from Starfire Sports and authorize the Mayor to sign the contract to assist in the promotion of leagues, events, and tournaments in the amount of $44,500 from lodging tax funds. (4) Approve a 2019 lodging tax application from the City of Tukwila for certain costs related to lodging tax fund operations and administration in the amount of $127,045 from lodging tax funds. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 1/29/19.] Pg.133 5. UNFINISHED BUSINESS a. Authorize the Mayor to sign a contract with Keithly Barber Associates, Inc., for commissioning services for the Fire Station 51 and Justice Center projects in the amount of $96,291 (excluding sales tax), with additional funding authorization of $46,778 for Fire Station 52, if needed (total not to exceed $143,069). Please refer to 1/28/19 C.O.W. packet. < b. Authorize the Mayor to sign a contract with Mayes Testing Engineers, Inc., for construction testing and inspection services for the Fire Station 51 and Justice Center projects in the amount of 557,075 (excluding sales tax), with additional funding authorization of $38,707 for Fire Station 52, if needed (total not to exceed 95,782). Please refer to 1/28/19 C.O.W. packet 4( Pg.185 Pg.187 6. NEW BUSINESS a. An ordinance amending Ordinance No. 2597, which adopted the City of Tukwila's biennial budget for the 2019-2020 biennium, to correct a math error in the amounts shown for the General Fund (Fund 000). b. Approve a fireworks permit for the Seattle Seawolves Rugby Team for the 2019 season. Pg.189 Pg.197 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.211 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Reasonable City Clerk's www.tukwilawa.00v, Tukwila City Hall is ADA accessible. accommodations are available at public hearings with advance notice to the Office (206-433-1800 or TukwilaCityClerk(aTukwilaWA.00v). 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.tukwilawamov) 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. LT CIL E IA • PSIS Initials MeetingDale Prepared by Mayor's review Council review 02/04/19 RB ITEM INFORMATION ITEM No. 4.C. STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 02/04/19 AGENDA ITEM TITLE Contract Amendment No. 3 for DLR Group E Motion Mtg Date 02/04/19 0 Resolution Mtg Date 0 Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Mg Date 0 Other Mtg Date CATEGORY • Discussion Mtg Date SPONSOR E6ouncil rj. Mayor IIHR EDCD EFinance EFiee TS E P &R lPoiice DPW E Court SPONSOR'S The Council is being asked to approve a contract amendment with DLR group for forestry SUMMARY and environmental services associated with the Justice Center. These costs are expected and well within the project budget. REVIEWED BY E C.O.W. Mtg. Ell CDN Comm E Finance Comm. E Trans &Infrastructure Arts Comm. E Parks Comm. DATE: 01/22/19 COMMI 1'1 EE CHAIR: ROBERTSON a Public Safety Comm. U Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMI Mayor's Office 11ER Unanimous Approval; Forward to 2/4/19 Regular Meeting Consent COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $18,920 $$18,920 $18,920 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/04/19 MTG. DATE ATTACHMENTS 02/04/19 Informational Memorandum dated January 2, 2019 Draft Contract Minutes from the Public Safety Committee meeting of 1/22/19 2 Allan Ekberg, Mayor AdministrativeServices Department- Rachel Bianchi, Deputy CityAdministr INFOR ATIONAL E ORANDU TO: Public Safety Committee to CC: Mayor Allan Ekberg FROM: Rachel Bianchi, Deputy City Administrator BY: Justine Kim, Senior Program Manager, Shiels Obletz Johnsen DATE: January 2, 2019 SUBJECT: DLR Contract Amendment for Forestry and Environmental Services ISSUE The City requires an amendment to the DLR contract for forestry and environmental services associated with the Justice Center project. The cost of these additional services is included in the overall project budget and staff is not asking for additional budget authority. BACKGROUND The City of Tukwila hired DLR Group Inc. for $2,146,084 to perform architectural design and planning services related to the Justice Center in connection with the Tukwila Public Safety Plan. On August 7, 2018, Amendment No. 1 added additional services due to changes in building construction cost estimate, in the amount of $953,830. On September 20, 2018, Amendment No. 2 added additional services and fee to prepare the SEPA checklist in the amount of $21,395, bringing the new not -to -exceed contract amount to $3,121,309. ANALYSIS Amendment No. 3 is for additional services and fee for managing Washington Forestry Consultants and Environmental Science Associates. An arborist is required for the project, and an Inadvertent Discovery Plan is also required as per state law to deal with potential hazardous materials in the soils. These are anticipated expenditures and are included in the council approved project budget. FISCAL IMPACT DLR Group, Inc. has provided a cost of $18,920 to perform the additional services. The total contract amount will now be $3,140,229. A. Original Contract Amount $2,146,084.00 B. Amendment No. 1 — Budget Design & Property Conditions $953,830.00 C. Amendment No. 2 — SEPA checklist, ADA Counseling $21,395.00 D. Amendment No. 3 — Arborist/SEPA/Contaminated soils requirements $18,920.00 New Contract Amount $3,140,229.00 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 3 RECOMMENDATION The Committee is being asked to approve the amendment to the contract and place the item on the February 4, 2019 Regular Meeting Consent Agenda. ATTACHMENTS Proposed DLR contract amendment No. 3. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 4 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-157(c) CONTRACT FOR SERVICES Amendment No. 3 Between the City of Tukwila and DLR Group, Inc. That portion of Contract No, 17-157 between the City of Tukwila and DLR Group, Inc. is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform Architectural Design and Planning services in connection with the project titled Tukwila Public Safety Plan Section 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. Section 4 Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $3,140,229 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for the additional services related to Amendment No. 3 will be $18,920, All other provisions of the contract shall remain in full force and effect. Dated this day of , 2018 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor Erica Loynd, Principal CA Revised December 2(116 Page 1 of 1 5 E"K R Group *chilwmm Engineering Planning Interiors 51University oneel,Suite mm Justine Kim Shiels'QbletzJohnsen 107Y | te 606 Seattle, VVAgQ1O4 Project Name, City ofTukwila Justice Center DLR Group Project No.: 73-17158-00 Re: Design Services Proposal — Additional Services #3 Dear Justine: n Per your request, this letter will serve as our proposal for managing the rbo,ist consultant for the City of Tukwila Justice Center and City of Tukwila Fire Stations in Tukwila, WA, and preparation nf the Inadvertent Discovery Plan for SEPA. We appreciate the opportunity to continue todevelop this project mndonuureitmeeto the 'requirements ofthe City. The proposal from Washington Forestry Consultants, Inc. is an hourly services with a not ƒoexceed value. The scope ofservices iytoprovide the information required for Tukwila Municipal Code l8.S4Tree Regulations. The proposal from Environmental Science Associates isoflat fee service for Phases l and2, and econtingency hourly not to exceed for Phase 3of $3,0OO.|fthis contingency isused, DLRGroup will add the necessary 7O%administrative markup tm the invoices. With the recommendations provided from ESA, KPFFwill need to modify their drawings and this scope iodetailed intheir additional service proposal, The civil base services scope was identified for the initial proposal with the anticipation of providing a more detailed additional service for items that would be above and beyond standard permitting or site conditions once the information is detailed in the investigations. Seattle and locations worldwide Justine Kim December 20, 2018 Page 2 The scope of services provided in the additional services include the following: Washington Forestry Consultants, Inc. (NTE value) $ 4,000 Environmental Science Associates (flat fee) $ 1,500 KPFF (lump -sum fee) $11,700 10%0 DLR Group consultant mark-up (NTE value) $ 1,720 Total additional service (NTE) $18,920 This scope is limited to the services provided to meet the tree regulations of an arborist review and the requirements for SEPA. Inclusion of this report into the project review in response to existing assumptions will be included with the design team. Should the City request additional documentation, public hearings, or detailed response outside the identified review process for the design team, an amendment for additional service may be required. The total fee for the additional design services described above is not to exceed value of eighteen thousand nine hundredand twenty dollars and zero cents ($18,920.00). Thank you for the opportunity to provide this proposal for additional services, and we look forward to our continued partnership with City of Tukwila. Sincerely, DLR Group Erica Loynd Principal in the Firm Encl: Consultant proposals cc: Ethan Bernau ASHINGTON ORESTRY CONSULTANTS, NC. FORESTRY AND VEGETATION MANAGEMENT SPECIALISTS W F CI 360/943-1723 FAX 380/943-4128 November 26, 2018 Erica Loynd, AIA DLR Group Architecture Engineering Planning Interiors 51 University Street, Suite 600 Seattle, WA 98101 1919 Yelm Hwy SE, Suite C Olympia, WA 98501 RE: Tree Inventory, Evaluation, and Protection Plan Proposal — Tukwila Project Dear Ms. Loynd: I am pleased to have the opportunity to provide a proposal to assist you with an inventory, evaluation and tree protection and replacement recommendations for trees on your 3 Tukwila projects. 1 propose to provide my services to you on an hourly basis with a 'Cost Not to Exceed'. Since we have not seen the site, this will insure that we can provide you the necessary field review and report for the least cost. On each of the 3 sites, the following items will be completed: I. Conduct an inventory and assessment of existing live trees that are 4 inches DBH and larger, excluding black cottonwood which is not a significant tree in Tukwila. This inventory would be done on all lands outside of the critical areas and their buffers - in this case these are the landslide hazard areas along the east and southerly portions of the project. The inventory will be a 00% assessment. 2. Evaluate the health and long-term survival potential for all significant trees within the buildable area of the project site and make recommendations for retention, protection, and necessary cultural care. The evaluation will include an assessment of: a. Species and size b. Tree condition rating c. Insect and disease problems URBAN/RURAL FORESTRY e TREE APPRAISAL 0 H A RD TREE ANALYSIS RIGHT-OF-WAYS 6 VEGETATION MANAGEMENT 6 ENVIRONMENTAL STUDIES CONTRACT FORESTERS Member of international Society of Arboriculture and Society of American Foresters 8 Tukwila City Buildings - Tree Evaluation and Protection Proposal — Tukwila, WA Project d. Tree structural defects e. Stem and root collar condition f. Overall tree health and potential tree hazards (tree risk assessment) 3. Make recommendations for areas of tree retention and protection. Provide summary tables of tree counts to be removed and saved within the buildable area. 4. All necessary tree inventory summaries and tree replacement calculations can then be provided. 5. Prepare a professional report for each of the 3 sites summarizing my findings, conclusions, and recommendations for protection and improvement of tree health along with a graphic detail of necessary tree protection fencing. The report will meet or exceed requirements of the Tukwila 18.54 Tree Regulations ordinance. 6. The 'Cost Not to Exceed' is $4,000. I project it will take just over 3.5 days to do the field evaluations and prepare the report. All meetings or work outside of this scope would be done at our hourly rates, or a previously agreed upon lump sum amount. 7. We can begin this project and be complete within 8 working days of your notice to proceed. All work would be completed at our attached hourly rates. You will only be billed for the actual time. Any work items outside of the above described assessment would be at our regular hourly rates, or a previously agreed upon lump sum amount. Please give me a call if you have questions. Respectfully submitted, Washington Forestry Consultants, Inc. Galen M. Wright, ACF, ASCA ISA Board Certified Master Arborist No. PN-0129BU Certified Forester No. 44 ISA Tree Risk Assessor Qualified attachment: rate sheet cc: Justine Kim Washington Foreshy Consultants, Inc. Page 2 9 Tukwila City Buildings - Tree Evaluation and Protection Proposal — Tukwila, WA Project WASHINGTON FORESTRY CONSULTANTS, Inc. Rate Schedule Client: Tukwila City Projects Professional Classification Rate Galen Wright —Board Certified Master Arborist/Certified Forester $ I 30.00/hr or Staff Forester Clerical Support $ 42.00/hr Trimble Nomad Data GPS Handheld $ 60.00/day * Travel time to he billed one-way only. Mileage rate is billed @ $0.66/mile.for round-trip mileage. Miscellaneous expenses (e.g. parking, overnight expenses, and meals) are billed at actual cost. Other items e.g. sod testing, tree marking paint, or plant tissue analysis at cost plus 10%. Payment is due upon receipt of invoice. Interest will he charged on all past due accounts' at rate of 1.5% per month or 18% per annum. Purchaser is to pay reasonable attorney's fee and costs in the event WPC/ is required to employ an attorney for collection or legal action to enforce the terms ofpayment as specified herein, Title: President Washington Forestry Consultants, Inc. Date: November 26, 20 I 8 Washington Forestry Consultants, Inc. Page 3 10 Tukwila City Buildings - Tree Evaluation and Protection Proposal — Tukwila, WA Project Acceptance of Proposal The above specifications and conditions arc satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. (Signature) (Date) (Title) (Company) (Address) (City, State, & Zip) (Area Code/Telephone) Washington Foram), Consultants, Inc, Page 4 1 1 12 5309 Shilshole Avenue NW Suite 200 Seattle, WA 98107 206.789.9658 206.789.9684 City of Tukwila Justice Center Project Cultural Resources Services Scope of Work (September 24, 2018) Project Description: On behalf of the City of Tukwila (City), Shiels Obletz Johnsen (SOJ) is proposing to develop a justice center located at Tukwila International Boulevard and South 150Street, in King County. The proposed project consists of constructing an approximately 47,200-square foot building to house the City's Police Department, Municipal Court. and Emergency Operations Center. The City is in the process of acquiring nine (9) properties for the Project (Tax Parcels t/ 0(1410005 15, 0041000514. 004 I 000480, 004 I 000494. 0041000513, 0041000516, 0041000517, 0041000335, and 0041000330). The project is subject to the State Environmental Policy Act (SEPA) and a SEPA checklist has been prepared. SO.I/City has requested cultural resources services for the proposed project to ifleet SEPA requirements, Scope of Work: The Scope of Work to be conducted by ESA includes three (3) tasks: Task 1: Inadvertent Discovery Plan (11)1'). ESA will prepare an inadvertent discovery plan (IDP) for City personnel and contractors to use during construction of the Project. This assumes the SEPA Responsible Official will not require archaeological monitoring or a preconstruction survey. Deliverables: Inadvertent Discovery Plan (draft and final; submitted as pdf) — one round of edits on draft. Budget: $1,200 flat fee Task 2: Orientation with Contractor. ESA will conduct one pre -construction orientation onsite in Tukwila with the construction project manager, contractor, and leads of any subcontractors that will be engaged in ground disturbing work. The orientation is expected to last approximately 30 minutes; scheduling and travel are included. Deliverables: Meeting attendance. Budget: $300 flat fee Task 3: Inadvertent Discovery Assistance (Contingent). Task 3 is an IDIQ (not to exceed $3.000) to assist in the event of an inadvertent discovery. Use of funds for Task 3 will require notice to proceed (NTP) from SOJ/City of Tukwila. and will he billed on a time and materials basis. Additional services in excess of $3.000 will require an amendment to the contract. Task 3 will be used as a contingency in the instance of inadvertent discoveries only. If no inadvertent discoveries arc reported, then no funds will be used from this task. Schedule: Schedule will be determined once NTP has been received. Budget: $3,000 (contingent) Cost Proposal: ESA estimates that the sum of $1,500 will be required to complete Tasks I and 2 as described above; an additional $3,000 is proposed as a contingency in Task 3. Extra services will be initiated by ESA only 13 after agreement by both ESA and SOJ/City concerning revisions to the scope of work and additional compensation, if necessary. 14 AGREE ENT FOR PROFESSIONAL SERVICES DA TE: December 20, 2018 JOB NUMBER: 1700643 CLIENT. DLR0roup PROJECT NAME: Tukwila Justice Center RE: Additional Service #2—SVVPPp. N{J| and Contaminated Soils SCOPE OF SERVICES As previouslydiscussed, we submit this additional service proposal to prepare the pre - construction SWPPP report and assist the City of Tukwila in filing the Notice ofIntent with Department of Ecology. KPFF will also include contaminated soils information inthe SVVPPP report and contaminated runoff discharge limits onthe TEGCplan. PSWPPP Report KPFFwill lead the preparationofthe GVVPPPreport. The SVVpPPreport |oe^|ivkng^document that must be updated throughout construction. Our effort will be |hnhed to the pre -construction phawo. We omoumo that BN Builders will be available to provide input on the construction schedule and BK4Pom|nction during pre -construction. At the start of cunuboction. BN Builders will assume control of the SWPPP report and will be responsible for making updates. The SWPPP report will list BNP options for contaminated soil runoff such aoEMPO2E0: Construction Shxnnwote,Chennom| Filtration; however the contractor (or their sub -consultant) will be responsible for designing the treatment BK4P'o to meet discharge requirements. We assume SoundEarth Strategies will be available to provide existing site contaminant information aoneeded for the 8VVPPPreport. Notice of Intent KPFFwill support Department of Ecology. The NOI application is required for any site that disturbs more than one acre of soil to obtain construction stormwater permit coverage under the state Construction Stormwater General Permit. Specifically, KPFF will provide site acreage, existing site oondition, and receiving water inhormotion. We assume the City of Tukwila or BN Builders will act as the pormitteeand will lead the NOI effort, KPFF will not be responsible for advertising public notices. Page 1 of 1 15' Contaminated Soils — TESC and Demo Plan Information Per our conversation with Ethan Bernau, a bid allowance will be allocated for contaminated soil removal during construction and a unit price will be provided with the contractor bids for soil removal above the allowance. The full extents and methods for contaminant remediation will be determined by SoundEarth Strategies in the field during construction. There will not be any further site investigation prior to construction. Since the full extent of remediation will be determined in construction, KPFF will identify the approximate areas of expected contamination on the TESC and site demolition plans based on input from SoundEarth Strategies. The TESC plan will also identify storrnwater discharge requirements for potentially contaminated runoff. These requirements will be coordinated with authority having jurisdiction over the storm drain or sewer main proposed for contaminated construction stormwater discharge. We assume that the contractor will provide all required water quality treatment design for construction stormwater and will obtain the required permits for the temporary stormwater discharge. Following the remediation effort, we assume SoundEarth Strategies will submit to Ecology to request a No Further Action determination on behalf of City of Tukwila. FEE We propose to accomplish the above scope of work for a lump -sum fee of $11,700 in accordance with our current contract with DLR Group: Offered By (KPFF, Inc.) Accepted by (DLR Group) (Signature) (Signature) Michael Herseth, Civil Engineer (Print Name/Title) (Print Name/Title) Page 2 of 2 16 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes January 22, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Dennis Robertson, Chair; Kate Kruller, Zak Idan Staff: David Cline, Rachel Bianchi, Bruce Linton, Randy Edwards, Trish Kinlow, Jay Wittwer, Laurel Humphrey Guests: Justine Kim, Shiels Obletz Johnsen; Jay Stark, resident CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Contract Amendment: Forestry and Environmental Services for the Justice Center Staff is seeking Council approval of Amendment No. 3 in the amount of $18,920 with DLR Group, Inc. for forestry and environmental services associated with the Justice Center. An arborist is required for the project and state law requires an Inadvertent Discovery Plan to deal with potential hazardous materials in the soil. These services were anticipated and the cost is included within the overall budget. Councilmember Idan asked that the project budget be explained in greater detail in future contract memos. Councilmember Kruller inquired about the reference to fire stations in Exhibit A. This includes Stations 51 and 52 and is noted in the event services are needed at those locations, although the City does not expect they will be. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. B. Contract: Commissioning Services for the Fire Station 51 and Justice Center Projects Staff is seeking Council approval of a contract with Keithly Barber Associates, Inc. in the amount of $96,291 for commissioning services for the Fire Station 51 and Justice Center projects. Keithly Barber was selected from eight firms responding to the RFP. Commissioning services help ensure the project mechanical and electrical systems and components are installed and performing correctly in accordance with the design and manufacturers standards. These services were anticipated and included in the project budget. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28, 2018 COMMITTEE OF THE WHOLE. C. Contract: Special Testing Services for the Fire Station 51 and Justice Center Projects Staff is seeking Council approval of a contract with Mayes Testing Engineers, Inc. in the amount of $57,075 for construction testing and inspection on the Fire Station 51 and Justice Center projects. Mayes Testing was selected from five firms that responded to the RFP. These services were anticipated and included in the project budget. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28, 2018 COMMITTEE OF THE WHOLE. 17 18 a LICH, GEN A OPSIS 190 Initials Meeting Date Prepared by Mayor's review Council review 02/04/19 H H iiii ITEM INFORMATION ITEM No. 4.D. STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 02/04/19 AGENDA ITEM TITLE Surface Water Fund - Green the Green Accept Rose Foundation Grant CATEGORY U Discussion I Motion Date 02/04/19 0 Resolution Mtg Date 111 Ordinance El Bid Award Mtg Date U Public Hearing U Other Mtg Date Mtg Mtg Date Mtg Date Mtg Date SPONSOR I Council EMayor OHR UDcD U Finance Fire OTS •P&R DPolice C PW ElCourt SPONSOR'S The City has been awarded $25,000 from the Rose Foundation for the Green the Green SUMMARY Project. This grant was awarded through the Puget Sound Stewardship and Mitigation Fund and is designated to restore sections of the Green/Duwamish River to provide habitat for endangered species. There are no requirements for a City match. Council is being asked to accept the Rose Foundation's grant funding of $25,000.00. REVIEWED BY Eil C.O.W. Mtg. fl CDN Comm Arts Comm. 11 Finance Comm. Comm. CHAIR: U Public Safety Comm. 0 Planning Comm. ZAK IDAN C Trans &Infrastructure U Parks DATE: 01/23/19 COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. Cow/ill-1ER Department of Public Works Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 412 FUND SURFACE WATER (PAGE 96, 2019 CIP) Comments: Grant funded MTG. DATE RECORD OF COUNCIL ACTION 02/04/19 MTG. DATE ATTACHMENTS 02/04/19 Informational Memorandum dated 01/18/19 Map of Project Area Grant Agreement Minutes from the Transportation & Infrastructure Committee meeting of 1/23/19 19 20 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFOR ATIONAL E ORANDU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director 411- BY: Mike Perfetti, Habitat Project Manager CC: Mayor Ekberg DATE: January 18, 2018 SUBJECT: Surface Water Fund - Green the Green Project No. 91641202 Grant Acceptance — The Rose Foundation ISSUE Authorize the Mayor to sign a grant agreement with the Rose Foundation. BACKGROUND The City's Green the Green Project is a public -private partnership that will restore sections of the Green/Duwamish River to provide habitat for ESA -listed Puget Sound Chinook salmon and for the enjoyment of the community. DISCUSSION Staff applied for a no -match $25,000 grant to fund additional work at the JSH site (14900 Interurban Ave S). The funding will be used to extend the project area to the south, restoring an additional 450 lineal feet of shoreline with native vegetation, bringing the total restoration length to approximately 1,000 lineal feet. FISCAL IMPACT Staff received approval from the Transportation and Infrastructure Committee on April 23, 2018 to apply for future grant opportunities to fund the Green the Green project. The Rose Foundation grant was recently awarded for the requested amount of $25,000 and no City match is required. RECOMMENDATION Council is being asked to accept the grant agreement for $25,000.00 with the Rose Foundation and consider this item on the Consent Agenda at the February 4, 2019 Regular Meeting. ATTACHMENTS • Map of project area • Grant Agreement W:\PW Eng\ PROJECTS \A- DR Projects\Green the Green1Grants \2018 Rose Foundation Grant\ Rose Foundation Grant Acceptance \ Info Memo Grant Accept 01232019.docx 21 22 Legend Major Freeways JSH Properties 1,600800 0 Tukwila Green the Green Project Overview Map JSH Properties 1,600 3,200 4,800 6,400 8,000 9.600 11,200 1:49,341 12.800 Feet DISCLGIMER Whuld d Wen m simpering dos a, publisher drsclsuns any 'um., fr of the dela The map rs approv,,role ,, mtu a based ans or c, dolehem multiples and should nc, berobedmoon o referenced n legal including propels, decals tele moons and contract documents subsirin:od apprapwte s ,eY ,t. scMad or any,ne ng nslysrs The ols of the madpkn aco•heeiges as irn,latw'rs acorn,, all reoponsmAry for es me and some, to bell Ine publisher harmless far any damages incly result .01 coo r�,e el Om rn,p This man is subloel to change:sit.. ieMe KCD Planner Kristen Reichardt Copyright Ca2017 King Conservation District September 26, 2017 Dccumenl Path An 1Sharecl•2escu,ces64dm'mstratsonACotarracted Sarvtces t:C017idovrla C,ven :h? ,teen An 4P6 r a;e^1Gvstvrer.Map mecl 3 Legend JSH Property Boundary Zone 1 - Tidal/Wet Zone; Edge of River Zone 2 - Steep Slope; Use Stakes d?. Zone 3 - Ivy Hedge Zone 4 - Dry, Sunny, Blackberry Zone 5 - Established Tree Canopy; Add Conifers Zone 6 - Planted 2016 Tukwila Green the Green Planting Zones Map JSH Properties 200 100 200 Feel NJ 1:1,500 OISCLr\IAIER 4Vluic nwy ,,oc VId hilt ow the u..101 dscInons any.. �al 1pn,, V al the d,la roao h .4,4111131e rrl ow, li ad a ow Ibld 11.41 v.11.1, . -Id shoal not Ua n P.:Waved .n wal n<hol.ng Vropally d :n1 oc.znt+xn•nleJ to nrJl�;ns els x•ny.n~<I.]tp nalvs s Tha u I .f urn roan a.nn !_ages GIs lwnhalnn I all n..lay lc. Its n and agrea• t. d Ine Snla, to y d>>n rgax iwt noy r 41, IM1.s I /11, .naix de, to thaw, moot npt,„ KCD Planner Kristen Reichardt Copyright t12017 King Conservation District October 19 2017 Da • it Patti M Mateo ResovrcestAtllmnrsllatrontContracled Services - KCD1 R kisita Green the GreenlilIAPSVSH Properties Planning MapslJSHPrantingZoneslMap mod JSH Properties Figure 2: 15/-I Properties site, left bank, looking nortIvVownriver; Starfire Sports Complex across the river 25 26 201 4TH STREET, SUITE 102, OAKLAND, CA 94607 ROSE(FOROSEFDN.ORG 12/05/2018 • R OS E I 17.:Otj:Ni.DAT1 0.N „. Jiro far COMMUNITIES' and the ENVIRONMENT Y 1: AR OFFICE: 510.658.0702 FAX:510.658.0732 Grant Contract Puget Sound Stewardship e.fr Mitigation Fall 2018 Jack Pace, Director, Dept. of Community Development City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Dear Jack, • „."..•"" *!-"' .Comintioity I'm happy to inform you that the Rose Foundation's Board of Directors has approved a grant of $25,000.00 to City of Tukwila for Green the Green. This grant is awarded through the Puget Sound Stewardship and Mitigation Fund, which was created by a record legal settlement between the Puget Soundkeeper Alliance and Burlington Northern Santa Fe (BNSF) Railway, and has since been supplemented by several other pollution mitigation payments including SSA Terminals, Whitley Evergreen, Rainier Petroleum Corporation and Louis Dreyfus Company. More recently we received mitigation funds from Cargill, and another record settlement payment from BNSF, which involved Soundkeeper numerous other waterkeepers and the Sierra Club. The Fund's goal is to mitigate past pollution runoff by supporting community -based efforts to protect or improve the water quality of Puget Sound. In order to recognize Puget Soundkeeper Alliance's role in generating these funds for the community, this letter will specify language that you need to use in public communications related to the grant. Please see the Additional Conditions & Restrictions section for signage guidelines. This letter will serve as the grant contract. To acknowledge receipt of this grant and to accept its terms, please read, sign and return this grant contract at your earliest convenience. Contracts can be returned by mail, fax or email. Please keep a copy of the grant contract for your permanent records. Once we have received a signed copy of this grant contract, a grant payment will be sent by US Postal Service to the address above. We reserve the right to cancel this grant if a signed copy of the grant contract is not received by the Rose Foundation within 60 days of the date of this letter. 1 27 Grant Requirements The undersigned certifies that as a tax-exempt government or public agency, it is not subject to state or federal income taxes, shall comply with state and local regulations imposed on Code Cities organized under RCW 34A and agrees: • Funds will only be expended in accordance to the provisions stated in the 09/14/2018 application. • To repay any portion of the amount granted which is not used for the furtherance of the project(s) referenced above. If the Foundation determines that grantee is not capable of satisfactorily completing the work of the grant, the Foundation may, at its discretion, demand repayment of grant funds, withhold payment of future grant funds and/or declare the grant terminated. • To notify- the Foundation immediately of any change in its tax or legal status, including but not limited to federal or state tax exemption; or any change to the executive staff, or to staff responsible for achieving the grant purposes; • Not to expend any of these funds for any purpose other than religious, charitable, scientific or educational within the meaning of Internal Revenue Code Section 170(c)(2)(B). • Not to expend any of these funds on lobbying activities whatsoever, nor for electioneering activities such as endorsing, campaigning, or otherwise supporting elected officials or candidates for public office. • To make its books available to the Foundation upon reasonable advance notice during the grant period and for one year following the termination of the grant. • If in the sole judgment of the Foundation any contingencies required under this grant are not fulfilled within the grant period, the grant shall expire, and the Foundation can demand full or partial repayment of grant funds. Additional Conditions & Restrictions: 1. Any signage or publicly distributed materials related to a project must display the following acknowledgement: Support for (Project Name) was provided by the Puget Sound Stewardship and Mitigation Fund, a grantmaking fund created by the Puget Soundkeeper Alliance and administered by the Rose Foundation for Communities and the Environment. 2. You are encouraged to notify the Puget Soundkeeper Alliance at psa@pugetsoundkeeper.org two weeks before any significant volunteer opportunities so they can coordinate with you and possibly provide volunteers to help with the event. 3. Because this grant comes in 2 installments of $12,500, the next payment will be made after receiving satisfactory interim report of the project. 2 28 Reporting Requirements You are required to report on the activities that you conducted with this grant. Your report due dates are as follows: Interim: 01/31/2020 Final: 1/31/2021 Please note that if you wish to reapply for a grant from this Fund, then the final report for this grant will be due before considering your organization for new funding (groups can reapply to a fund once every 12 months). To submit reports, please log onto our online application system at ww-w.rosefdn.org/onlineapplication. Fiscally Sponsored Protects If your organization is fiscally sponsored by a 501c3 organization, both the project and the fiscal sponsor must sign and return the contract. We will send the contract to both the fiscal sponsor and the project. Once we have received the contract from both the project and the fiscal sponsor, the grant check will be mailed to the fiscal sponsor. Public Acknowledgement of Grant If it is appropriate, we would appreciate being listed as a source of financial assistance. Please use our full name, "Rose Foundation For Communities and the Environment." You may also use our logo, which can be downloaded at www.rosefdn.org/loao. Please also see Additional Conditions & Restrictions above for signage guidelines. Tim Little will be your program director for this grant. For all future communications, the best way to reach him is by email at tlittle@rosefdn.org, or you can also contact me by phone at (510) 658-0702. Sincerely, Tim Little Executive Director 3 29 To Execute this Grant Contract If you agree to these terms and conditions as outlined in this grant contact, please sign and return this letter. To expedite the grant payment, you may sign, scan and return the grant contract via email to grants@rosefdn.org or fax to (510) 658-0732. Or you may mail the signed contract to the Rose Foundation, 201 4th Street, Suite 102, Oakland, CA 94607. Please make a copy for your records. SIGNATURE DATE PRINT NAME ORGANIZATION Check here if serving as the fiscal sponsor for the project 30 4 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes January 23, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Zak Idan, Chair; Kate Kruller, Thomas McLeod Staff: David Cline, Henry Hash, Hari Ponnekanti, Ryan Larson, Cyndy Knighton, Jack Pace, Steve Carstens, Mike Perfetti, Gail Labanara, Laurel Humphrey Guest: Todd Bennett, Northwest Hydraulic Consultants, Inc. CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Contract Completion: Major Maintenance of Three Bridges Staff is seeking Council approval of contract completion and release of retainage to Razz Construction, Inc. in the amount of $2,642,339.81 for the Major Maintenance of Three Bridges Project. This project included seismic retrofits and major rehabilitation work on the Beacon Avenue Bridge, Frank Zepp Bridge, and Grady Way Bridge, and was completed on time and under budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. B. BNSF Flagging and Inspection Services Staff is seeking Council approval of BNSF's increased flagging and inspection costs for the remainder of the Boeing Access Road over BNRR Bridge Rehabilitation Project. An Overpass Agreement currently in effect allows the City and its contractor to work in the BNSF right-of-way and pays for the required railroad flagging and inspection services performed by BNSF. The original flagging and inspection fees were estimated at $149,428, and Amendment No. 1 approved an additional $300,000. BNSF is requesting an additional $150,000 to finish the project. Committee members expressed frustration at the continued cost increases and asked why BNSF cannot provide better estimates at the beginning of the project. BSNF determines the number of flaggers based on safety risks and the City must pay. Councilmember Kruller stated she will bring this up with National League of Cities. Staff does not expect any more flagging charges before the project completion. The total project is expected to cost below the total budget as well as below the total Federal Bridge Replacement Advisory Committee grant. Chair Idan suggested assuming a higher number of flaggers in future dealings with BSNF. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. C. Grant Acceptance: Green the Green Staff is seeking Council approval to sign an agreement with the Rose Foundation for $25,000 for the Green the Green Project. Green the Green is a public -private partnership that will restore sections for the Green/Duwamish River to provide habitat for ESA -listed Puget Sound Chinook salmon. The Rose Foundation funding requires no City match and will be used to extend the project area to the south, restoring an additional 450 lineal feet of shoreline with native vegetation. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. 31 32 a UNCIL A GEN A a PSIS tilAskt Ort: tikrttl oltgiN 4 '‘ Initials MeetingDate 02/04/19 Prepared by HH lVIayore review Council review ITEM INFORMATION ITEM No. 4.E. STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 02/04/19 AGENDA ITEM TITLE Major Maintenance of Three Bridges (Grady, Beacon & Frank Zepp) Project Completion and Acceptance CATEGORY •Discussion IN Motion • Resolution [1:1 Ordinance 0 Bid Award El Public Hearing • Other Mtg Date Mtg Date 02/04/19 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor EIHR ODCD OFinance OFire [ITS OP&R Police PV [1]Court SPONSOR'S SUMMARY REVIEWED BY The contract with Razz Construction is complete for the Major Maintenance of Three Bridges (Grady Way South Bridge, Beacon Avenue South Bridge, and the Frank Zepp Bridge). This project included seismic retrofits and major rehabilitation work. Construction began July 11, 2017 and was completed on June 8, 2018. Underruns show a credit of ($46,618.19). Federal BRAC grant funds covered 100% of construction. Council is being asked to accept and finalize the contract with Razz Construction for $2,642,339.81. 111 C.O.W. Mtg. Trans &Infrastructure DATE: 01/23/19 CDN Comm fl Arts Comm. 111 Finance Comm. []Public Safety Comm. Ei Parks Comm. Planning Comm. COMIVH11EE CHAIR: ZAK IDAN RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $2,642,339.81 AMOUNT BUDGETED $3,092,301.00 APPROPRIATION REQUIRED $ Fund Source: 104 ARTERIAL STREETS (PAGE 12, 2017 CIP) Comments: Grant funded MTG. DATE RECORD OF COUNCIL ACTION 02/04/19 MTG. DATE ATTACHMENTS 02/04/19 Informational Memorandum dated 01/18/19 Notice of Completion Contract No. 17-118 Final Contractor Voucher Certificate Vicinity Maps Minutes from the Transportation and Infrastructure Committee 01/23/19 3 3 34 Public Works Department - Henry Hash, Director INFOR ATIONAL E ORANDU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director /I BY: CC: Steve Carstens, Senior Program Manager Mayor Ekberg Allan Ekberg, Mayor DATE: January 18, 2019 SUBJECT: Major Maintenance of Three Bridges (Grady Way, Beacon Avenue, Frank Zepp) Project No. 91510406, 91510407, and 91510408, Contract No. 17-118 Contract Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of the payment and performance bonds. BACKGROUND The Notice to Proceed for Contract Number 17-118 with Razz Construction, Inc. was issued on July 11, 2017. This construction project consisted of work on three separate bridges, Beacon Ave Bridge, Frank Zepp Bridge, and Grady Way Bridge. All three projects had seismic retrofits and major rehabilitation work. DISCUSSION The construction project was physically completed on June 8, 2018. There were no contract disputes or claims on the project. The project was completed on time and under budget. Since the physical completion date, staff has been waiting for all administrative obligations and payment verification items to come through before accepting the work as complete. FINANCIAL IMPACT The original construction budget (including contingency) for the Major Maintenance of Three Bridges project was $3,092,301.00. The final cost for the repair on the three bridges, including all change orders, was $2,642,339.81. The project funding was secured through the Federal Bridge Replacement Advisory Committee (BRAC) grant at 100% for construction. The final project expenditures are as follows: Original Construction Contract Amount Change Order Costs (8.5%) + Under -runs Total Contract Amount Expenses $2,688,958.00 (46,618.19) $2,642,339.81 Grant $2,642, 3 .81 RECOMMENDATION Council is being asked to formally accept the Major Maintenance of Three Bridges Project with Razz Construction, Inc. in the amount of $2,642,339.81 and authorize the release of the performance bond subject to standard claim and lien release procedures, and to consider this item on the Consent Agenda at the February 4, 2019 Regular Council Meeting. ATTACHMENTS • Notice of Completion, Contract #17-118 • Final Contractor Voucher Certificate • Vicinity Maps W1PVV Eng1PROJECTSW RW & RS ProjectsliMajor Maintenance on 3 Bridges (91510406)1Closeoutproject closeout info memo.docx 35 36 Date: 12/18/18 1:1 Original gRevised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 602504498 Name & Mailing Address of Public Agency City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 UBI Number:179000208 1 Department Use Only Assigned to: Date Assigned: Notice is hereby iven relative to the completion of contract or project described below Project Name Major Maintenance of Three Bridges (91510406-08) Contract Number 17-118 Job Order Contracting El Yes Yi No Description of Work Done/Include Jobsite Address(es) Three Bridge Locations: Beacon Avenue S. SW Grady Way S 180th Street Tukwila, WA. Preform maintenance on all 3 bridges at each location to include deck repair, seismic work, and site work. Federally funded transportation project? [ii Yes 111 No (if yes, provide Contract Bond Statement below) Contractor's Name Razz Construction, Inc E-mail Address yvettern@razzconstruction.cqg Affidavit ID* 820074 Contractor Address 4055 HAMMER DR BELLINGHAM, WA, 98226 Te 360-752-0011 ephone # If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. Contract/Payment bond (valid for federally funded transportation projects) • Retainage Bond Name: Merchants Bonding Company (Mutual) Bond Number: 54213507 Date Contract Awarded 6/19/2017 Date Work Commenced 9/27/2018 Date Work Completed 6/8/2018 Date Work Accepted 12/20/18 Were Subcontracters used on this project? If so, please complete Addendum A. 1ies U No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions ( - ) Sub -Total Sales Tax Rate 0 (If various rates apply, please send a breakdown) Sales Tax Amount $ 2,688,958.00 $ 228,663.16 $ 275,281.35 $ 2,642,339.81 0 TOTAL $ 2 642 339.81 NOTE: These two totals must be equal Liquidated Damages $ 0.00 Amount Disbursed $ 2,642,339.81 Amount Retained $ 0.00 TOTAL $ 2,642,339.81 Comments: Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Diane Jaber Email Address: Diane.jaber@tukwilawa.gov Department of Revenue Public Works Section (360) 704-5650 PWC@dor.wa.gov Washington State Department of Labor & Industries Contract Release (855) 545-8163, option # 4 ContractRelease@LNINVA,GOV Title: Fiscal Specialist Phone Number: 206.433.1871 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks@eadwa.gov REV 31 0020e (10/26/15) F215-038-000 10-2014 37 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can bcsubmitted inother formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: OB[Nuozhor: Affidmvit00* ALLIANCE STEEL ERECTORS INC 602533619 788420 Altus Traffic Management LLC 602632448 802938 AM/YAELECTFUC 000089108 002792 APP |NELLC 600553941 770672 Bey|erConou|Ung. LLC 603150057 810470 FORD CRANE INC 601050056 793495 HARLOVVCONSTRUCTION CO INC 801762610 787464 JOBG|TESTUD WELDING INC 602326327 761044 MYEg8&SONS CONSTRUCTION LP 603042475 781480 PACER STEEL INC 602483812 787580 PE0MALLCOMPANY 601258537 810658 pU6ETPAVING & CONST|NC 600403308 787711 Ralph's Concrete Pumping 578085430 787664 REBARINTERNATIONAL INC 600481702 776180 G4L|NAGSAWING & SEALING INC 601717158 787895 OsA'TACSWEEPING SERVICE 001735583 789285 Gtmctu!a| Radar Imaging, Inc. 602327560 007238 TWISTED METAL LLC 002847101 018150 For tax assistance mmrequest this document inan alternate format, please call Teletype (TTY)users Washington Relay Service by calling 711. ay use the REV 3|0020e &ddendum(1V/26/15) 38 Final Contract VoucherCertificate Contrackor Razz Construction, Inc: Street Address 4055 Hammer Drive City ieflingliei Project Numbers 10407; 91510406, 9161 08 Ccanlract Titre ajar Maintenan on 3 Bridges — Construction Slalc WA Zip 98226 Data 9/17118 4), Ell 1288(005), l3HOS.t274;(009) ate Work PhysicallyCompleted /14/18 Friuli Amount $1,792,819.62 — Frank Zepp $ 219,450.90 Grady Way $ 629,952.96 — Beacon Avenue Contractors Certification sndersiuned, having first been duly sworn, certify that I am authorized to sign for the claimant; that vrork performed and to the best of nay knowledge no loan, gratuity or gift In any form whatsoever any employee of the City of Tukwila nor have I rented or purchased any equipment or tha City of Tukwila; I further certify that the attached final estimate Is a true and correct sta e frorn the City of Tukwila for work performed and material furnished under this contras aid final estimate and understand the same and that t hereby release the City of Tuk ftioh I may have, arising out of the performance of sold contract, which ar Contractor Autlorierad Slr day of Public in and for the State of Prin Residing at 20 X of :d fin dtoi Owner Ce stimale to be based upon actual uc and correct Project A In tor ification Approved Date Public laorka tircto 39 40 The Museum of Fight Boeing t Center Boeing Milit r Flight Center Vicinity Map Beacon Ave S Bridge ciiiictlei Project Site Beacon Ave S Bridge Tukwila, WA ;!r(az�snu mmc7 a6scn 3eaTac &vn rdfiw?-Skyway s sss, 15.2f0SI Vicinity Map Project Site Grady Way Bridge Tukwila, WA eci Southr r k ita bccei Co i ptex Vicinity Map Project Site Frank Zepp Bridge Tukwila, WA 44 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes January 23, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Zak Idan, Chair; Kate Kruller, Thomas McLeod Staff: David Cline, Henry Hash, Hari Ponnekanti, Ryan Larson, Cyndy Knighton, Jack Pace, Steve Carstens, Mike Perfetti, Gail Labanara, Laurel Humphrey Guest: Todd Bennett, Northwest Hydraulic Consultants, Inc. CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Contract Completion: Major Maintenance of Three Bridges Staff is seeking Council approval of contract completion and release of retainage to Razz Construction, Inc. in the amount of $2,642,339.81 for the Major Maintenance of Three Bridges Project. This project included seismic retrofits and major rehabilitation work on the Beacon Avenue Bridge, Frank Zepp Bridge, and Grady Way Bridge, and was completed on time and under budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. B. BNSF Flagging and Inspection Services Staff is seeking Council approval of BNSF's increased flagging and inspection costs for the remainder of the Boeing Access Road over BNRR Bridge Rehabilitation Project. An Overpass Agreement currently in effect allows the City and its contractor to work in the BNSF right-of-way and pays for the required railroad flagging and inspection services performed by BNSF. The original flagging and inspection fees were estimated at $149,428, and Amendment No. 1 approved an additional $300,000. BNSF is requesting an additional $150,000 to finish the project. Committee members expressed frustration at the continued cost increases and asked why BNSF cannot provide better estimates at the beginning of the project. BSNF determines the number of flaggers based on safety risks and the City must pay. Councilmember Kruller stated she will bring this up with National League of Cities. Staff does not expect any more flagging charges before the project completion. The total project is expected to cost below the total budget as well as below the total Federal Bridge Replacement Advisory Committee grant. Chair Idan suggested assuming a higher number of flaggers in future dealings with BSNF. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. C. Grant Acceptance: Green the Green Staff is seeking Council approval to sign an agreement with the Rose Foundation for $25,000 for the Green the Green Project. Green the Green is a public -private partnership that will restore sections for the Green/Duwamish River to provide habitat for ESA -listed Puget Sound Chinook salmon. The Rose Foundation funding requires no City match and will be used to extend the project area to the south, restoring an additional 450 lineal feet of shoreline with native vegetation. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. 45 46 OUNC I, GEN • A OPSIS Initials Meeting Date Prepared by Mayor's review Council review 02/04/19 HH d,// ITEM INFORMATION ITEM No. 4.F. STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 02/04/19 AGENDA ITEM TITLE Boeing Access Road over BNRR Bridge Rehabilitation Project Additional BNSF Railroad Flagging Expenses CATEGORY 1. Discussion Motion • Resolution 0 Ordinance U Bid Award [1] Public Hearing 11 Other Mtg Date Mtg Date 02/04/19 h'Itg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR SPONSOR'S SUMMARY OCouncil DMayor OHR ODCD fjJ Finance DFire TS 11Pe..,R DPolice I1PW ['Court Council is being asked to approve additional costs for Burlington Northern Santa Fe's (BNSF) railroad flagging and inspection fees during construction of the Boeing Access Road over BNRR Bridge Rehabilitation Project. The original contract with BNSF to work over the railroad's right-of-way was $149,000, $300,000 was added on 5/7/18, and now additional fees of $150,000 are necessary to finish the project. Council is being asked to approve additional costs for BNSF railroad flagging in the amount of $150,000. REVIEWED BY C.O.W. Mtg. El CDN Comm Trans &Infrastructure 0 Arts Comm. DATE: 01/23/19 0 Finance Comm. 0 Public Safety Comm. 0 Parks Comm. 0 Planning Comm. COMMITTEE CHAIR: ZAK IDAN RECOMMENDATIONS: SPONSOR/ADMIN. Department of Public Works COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $150,000.00 $3,875,668.00 Fund Source: 104 FUND ARTERIAL STREETS (PAGE 11, 2019 CIP) Comments: Grant funded $ MTG. DATE 02/04/19 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 02/04/19 Informational Memorandum dated 01/18/19 2019 CIP, page 11 BNSF Agreement Minutes from the Transportation & Infrastructure Committee meeting of 1/23/19 4 7 48 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFOR ATIONAL E ORANDU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Steve Steve Carstens, Senior Program Manager CC: Mayor Ekberg DATE: January 18, 2016 SUBJECT: Boeing Access Rd over BNRR Bridge Rehabilitation Project Project No. 99410408, Contract No. 16-151 BNSF Flagging Expenses ISSUE Approve Burlington Northern Santa Fe's (BNSF) flagging and inspection cost increases. BACKGROUND In October 2013, the City contracted with Jacobs Engineering, Inc. to provide the design for the rehabilitation of the Boeing Access Rd over BNRR Bridge. The BNSF Overpass Agreement allows the City and its contractor to work in the BNSF right-of-way and pays for required railroad flagging and inspection services performed by BNSF. ANALYSIS The original BNSF's Overpass Agreement was for $149,428.00 and Amendment No. 1 approved an additional $300,000 for a total of $449,428.00. As the project is close to completion, additional costs from BNSF are estimated to be $150,000.00 to finish the project. Attached are the Overpass Agreement, including exhibits for flagging services and inspection services. FISCAL IMPACT The Overpass Agreement is within the approved construction management budget and the 25% construction contingency. Jacobs Main CM Contracts BNSF Flagging and Inspection Original BNSF Amendment No. 1 New BNSF Amendment No. 2 PCL Change Orders to date No. 1 - 20 Construction 25% Contingency Total Contract Budget $1,785,249.83 $2,291,000.00 149,428.00 300,000.00 150,000.00 579,481.00 $2,964,158.83 1,584,668.00 $3,875,668.00 Grant $3,100,534.00 The Federal Bridge Replacement Advisory Committee (BRAC) grant is funded at 80% with a 20% city match. RECOMMENDATION Council is being asked to approve the increased flagging and railroad costs with BNSF for the Boeing Access Rd over BNRR Rehabilitation Project in the amount of $150,000.00 and consider this item on the Consent Agenda at the February 4, 2019 Regular Meeting. ATTACHMENTS • 2019 CIP page 11 • BNSF C/M Agreement W:IPW EngIPROJECTSIA- RW & RS ProjectsIBoeing Access Rd Bridge Rehab (99410408)102 Funding and FinancelContractsIBNSFlinfo Memo bnsf flagging 20190118 gl.docx 49 50 PROJECT: DESCRIPTION: STATUS: MAImT.|mP4CT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 Boeing Access Rdover BNRRBridge Rehabilitation Project No. 99410408 Rehabilitate the existing bridge with a 340' long concrete or steel bridge structure. It will be 6 lanes and have a sidewalk onone side. The existing bridge is structurally and seismically deficient. Several pedestals are leaning, have concrete spalls.exposedrusty anchor bolts and reinforcements and some cracks. The existing railings dpnot meet current bridge standards. Type, size, and location draft report (specifically required for bridges) was completed in 2005, Federal grant applications were submitted in 2008 and 2010 and the bridge rehabilitation was successful for funding |n2n12for federal bridge funds. APublic Works Trust Fund (PVVTF) loan was rescinded |n2n13. Maintenance will boreduced. Bridge will be rehabilitated in phases to allow continued traffic use. Federal bridge grant of $9,745,600 requires a 20% local match. A bond issue for the City match was issued in 2015 with the Interurban Ave S. FINANCIAL To,*usx Estimated 2017 2018 3019 onon 2021 2022 cooa 2024 BEYOND TOTAL EXPENSES Design 1,419 1.418 LandVR8x4 0 Cnnst. Momt 301 1,833 157 2.291 Construction 8724 1'050 7,774 TOTAL EXPENSES 1.720 8.557 1.207 u n o o o o 11.484 FUND SOURCES Awarded Grant 1.232 6,971 840 9.043 Proposed Grant Q PundBalance'Bond 2,441 2.441 Mitigation n City Oper.Revenue (1.353) 1'586 307 V O O O O O O TOTAL SOURCES 1.720 8,557 1.207 u V n n V o 11/484 oject Location 2019 - 2024Capital Improvement Program 11 51 52 OVERPASS AGREEMENT 1G-151 Council Approval 11/21/16 BN8FFile No. BF1OOUSD7D Boeing Access Rd U.S.[i[).7.No. O8SSA7Q L8O51 N1PO7.O2OX Seattle Subdivision This Aonamnnerd ("Agreement"), is executed to be effective as of ("Effective [)ate"), by and between BN8F RAILWAY COMPANY, a [}a|aw4na corporation (^BNSF"), and the City of TOkvnUa, s political subdivision of the 8toba of Washington ("Agency"). RECITALS: WHEREAS, BNSFowns and operates oline of railroad inand through the City of Tukwila, State of Washington; and WHEREAS, Agency desires Uzwiden and improve the existing structure known aathe Boeing Access RdBridge, [)lIl[ NV.O855S7G. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1) SCOPE OF WORK 1. The tunn "p as used herein includes any and all work related to the construction ofthe proposed improvements to the Boeing Access RdBridge (hereinafter referred to as the "Structure"), more particularly described on the Exhibit A. which is attached hereto and incorporated herein, |Mc|Vd|ng, but not limited to, any and all changes to telephone, te|egraph, mjgne| and electrical ||noo and appurtenmnceo, temporary and permanent track work, hsncing, g[mding, alterations to or new construction ofdrainage facilities, preliminary and construction engineering and contract preparation. /\ddiUona||y, temporary controls during construction must comply with Section 8A-08, "Temporary Traffic Control Zones" of the Manual of Uniform Traffic Control []avimao ("K8UTCO,). U.G. Department cfTransportation. 1 53 ARTICLE 11) BNSF OBLIGATIONS In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF agrees as follows: 1. Upon Agency's payment to BNSF of an administrative fee in the sum of zero and Nm/100 Oo|ksro $O . together with the Temporary Construction License Fee in the sum of$0and No/100 Dollars XBO.00>. BN8F hereby grants bzAgency, its successors and mso|0nm. upon and subject to the terms and oond|1kzno set forth in this AgYeenlent, a temporary non-exclusive license (hereinafter called, "Temporary Construction License") to construct the Structure across or upon the portion ofBNSF'a right-of-way described further on Exhibit A-1, excepting and reserving BN8F's rights, and the rights of any others who have obtoined, or may obtain, permission orauthority from BNGF, to do the (a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, xvires, pipelinesond other facilities of like character upon. over or under the surface of said right-of-way; 8d Construct, operate, nl$klba|n renew and/or relocate upon said ' owithout limitation, such facilities as the BN8F nlay�onntime ' right-of- way,to time� deem eppmophete, provided such facilities do not materially interfere 'with the Agency's use ofthe Structure; (c) Otherwise use or operate the ' as BNSF may from time to time deem appropriate, provided such use or operationsdpes not materially interfere with the Agency's use of the Structure; and (d) Require the Agency orits contractor to execute aTemporary Construction Crossing tmnlporon/ crossing requested to mid in the construction of this Project. The term of the TemporaryConstnuoUon License begins on the Effective Date and ends On the earlier oy/0 aubntenUm| completion of the 8huctVne, or (ii) eighteen months following the Effective Date. The Temporary Construction License and related rights given by BN8F toAgency in this pnlV|s|oO are without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words herein contained. The Ternponyn/ Construction License is for construction of the Structure on|y and shall not be used by Aqenoy for onY other purpose. Agency acknowledges and agrees that Agency ohoU not have the riQht, under the Temporary Construction License, to use the Structure for any other purpose than construction. In the event Agency io evicted by anyone oxVning, or claiming title to or any interest in said right-of+way. BN8FVvU| not be liable to Agency for any damages, losses orany expenses of any nature whatsoever. The granting of similar rights to others, subsequent to the date ofthis Agreement, will not impair or interfere with the rights granted toAgency herein. 2 54 Upon Agency's payment to BNSF of the additional sum of $ zero and No/100 Dollars ($0.00), such payment to be made within thirty (30) days of issuing the Notice to Proceed pursuant to Article 111, Section 16 of this Agreement, and provided further that Agency is in compliance with the term and conditions of this Agreement, BNSF will grant to Agency, its successors and assigns, an easement (hereinafter called, the "Easement") to enter upon and use that portion of BNSF's right-of-way as is necessary to use and maintain the Structure, substantially in the form of Exhibit B attached to this Agreement. If Agency fails to pay BNSF within the thirty day time period set forth in the preceding sentence, BNSF may stop construction of the Project until full payment is received by BNSF. 2. BNGFwU| furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit attached hereto and made opmd hereof. In the event construction on the Project has not commenced within e|n(0) months following the Effective Date, 8NGF may, in its sole and absolute diooretion, revise the cost ` anCinmab*a met forth in said Exhibit O. In such event, the revised cost estimates will become e part ofthis Agreement as though o[i0ino|k/ set forth herein. Any item of work incidental to the items listed on Exhibit O not specifically mentioned therein may be included as a pert of this Agreement upon written approval of Agency, which approval will not beunreasonably withheld. Construction nf the \Project must include the following railroad work by8NSF: bd Procurement of nnaterials, equipment and supplies necessary for the railroad work; 8d Preliminary 'neohng'denigp.andoontractpmapenobVn; (c) Furnishing of flagging services during construction of the Project as required and set forth infurther detail onExhibit C; (d) Furnishing engineering and inspection as required in connection with the construction ofthe Project; ha\ Providing a contract project 000rdinator. at Agency's expenoe, to serve as aproject manager for the Project 3. BNSF will do all railroad work set forth in Arficle 11, Section 2 above on an actual cost basis, when BN8F, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable 55 4. Agency agrees to reimburse BNSF for work ofan emergency nature caused by Agency or contractor |Oconnection with the Project which BNSF deems is reasonably necessary for the immediate restoration of railroad oparaUona, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval ofAgency and Agency agrees to fully reimburse BNSF for all such emergency work. 5. BNSF may charge Agency for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction ofthe Project. Such charges will beconsidered part ofthe actual cost of the Project, regardlessof the nature oramount of ultimate liability for injury, |m;s or death to BNSF's employees, if any. G. During the construction of the Pnoject. BNSF will send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this AonaennenL Agency must reimburse BNSF for oonnoebmd force -account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, BNSF will send Agency o detailed invoice of final costs, 'segregated as to labor and nloteha|n for each item in the recapitulation shown on Exhibit O. Pursuant to this aooUon and Article |\/' Section 7 herein, Agency must pay the final invoice within ninety (SU) days of the date of the final invoice. BNSF will assess finance charge of.O33Y6 per day (1296 per gnnun]) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the doba payment is made or the doby postmarked on the payment. Finance charges will be assessed on delinquent oun?e and other charges as of the end of the month and will be reduced by amounts in dispute and any unpooted payments received by the nnonth'a end. Finance charges will bonoted oninvoices sent toAgency under this section. ARTICLE 111) AGENCY OBLIGATIONS In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows: 1. Agency must furnish to BNSF plans and specificationsfor the Project. One digital copy of said plans (reduced size 11^ x 17^)boOmtbar with calculations, and specifications in English Units, must be submitted to BNSF for approval prior to commencement ofany construction. BNSF will giveAgency final written approval ofthe plans and specifications substantially in the ho[nn of Exhibit E, attached to this Agreement and made part hereof. Upon BNGF'a final written approval of the plans and specifications, said plans and specifications will become part ofthis Agreement and are hereby incorporated herein. Any approval of the plans and specifications by BNSF shall innoway obligate BNSF inany manner with respect tothe finished product design and/or construction. Any approval by BNSF shall mean only that the plans and 4 56 specifications meet the subjective standards ofBN8F.and such approval by BNSFohaU not be deemed to mean that the plans and specifications orconstruction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes. 2. Agency mustmake any required application and obtain all required permits and approvals for the construction of the Project. 3. Agency must provide for and maintain nninirnunn vertical and horizontal clearances, as i d|nEXhUbit Cand aaapproved bvBN8Foopart ofthe plans and specifications for the Project. 4Agency must acquire all rights of way necessary for the construction of the 5. Agency must make any and all arrangenlente, in compliance with BNGFo UUhx Accommodation Manual (http://www.bnsf.com/communities/faqs/pdf/utility.pdD, for the installation or relocation of wire lines, pipe lines and .other facilities owned by p�� persons, companies, corporations, political subdivisions or public utilities other than 8NSFwhich may benecessary for the construction ofthe Project.. O. Agency must construct the Project osuhownontheottaohodExh|b/t/\'onddoeU work ("Agency's Work") provided for in the plans and specifications for the Project, except railroad work that will be performed by BN8F hereunder. Agency must furnish all |aboc, nneteria|e, tools and equipment for the performance of Agency's Work. The principal elements ofAgency's Work are oofollows: (a) � Construction of�he8t Structure; _- . 8d All necessary grading and pav|ng, including bocbfiU of excavations and restoration ofdisturbed vegetation onBN8F'n right-of-way; (c) Provide suitable drainage, both temporary and permanent; (d) Intentionally left blank; (e) Intentionally left blank; 0 Intentionally left blank (g) Provide appropriate pedestrian control during construction; (h) Intentionally left blank (i) Installation and nno|nhenmnoe of on 84f` high fence and/or concrete combination (throw fence) on the outside barrier ofthe Structure; � 57 0\ Job site cleanup including removal ofall construction nnabariaUa, concrete debho, surplus soil, refuse, oonboninobad moUa. asphalt debris, litter and other waste materials to the satisfaction of BNSF. 7. Agency must apply and maintain said D.O.T. Crossing number 085587G in e conspicuous location on the Structure. 8. Aoonm/a Work must be performed by Agency or Agency's contractor in m manner that will not endanger orinterfere with the safe and timely operations ofBNGF and its facilities. S. For any future inspection ormaintenance, either routine orotherwise, performed bysubcontractors onbehalf ofthe Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto asExhibit C-1. Prior toperforming any future maintenance with its own personnel, Agency shall: comply with all of BN8F's applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the 8NGF'a Internet Website "h#p19bnsfoontracbor.com/~; notify 8NSF when, pursuant hothe requirements of Exhibit C. o flagger\o required to be present; procure, and have approved by BN8F'o Risk Management Department, Railroad Protective Liability insurance. 10. Agency must require dscontraotor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting o BN8F flagman in accordancewith the requirements of Exhibit C attached hereto. AddiUonoUy, Agency must require its contractor(s) to notify BNSF's Manager ofPublic Projects thirty (30) calendar days prior tocommencing work onBNOFproperty ornear 8NSFtracks. 11. Agency or its contractor(s) must submit o digital of any plans (including calculations in English Units) for proposed ohohng, fe|sework or cribbing to be used over, under, or adjacent to BNGF'o tnycha to BN8F'n Manager ofPublic Projects for approval. The shoring, fm|sovvorhorcribbing used byAgency's contractor shall comply with the '8N8F Bridge Requirements set forth on Exhibit F and all applicable naqu|nannonta promulgated by state and federal ogencieo, departments, connrn|maiono and other legislative bodies. If necessary, Agency must submit m digital copy of a professionally engineered demolition p|an, as set forth in Exhibit G, with applicable ne|oU|eUono to BN8F'u Manager ofPublic Projects. 12. Agency must include the following provisions |nany contract with its provider(a performing work onsaid Project: (a) The Provider isplaced onnotice that fiber optic, communication and other cable lines and systems (ooheobVe|y. the "Lines") owned by various telecommunications companies may be buried on BN8F'a property or right-of-way. The locations of these [Jnao have been 6 58 included on the plans based on information from the telecommunications companies. The Provider will be responsible for contacting BNSF and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Provider must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The Provider must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) The Provider will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Provider must cooperate fully with any telecommunications company (ies) in performing such rearrangements. (c) Failure to mark or identify these Lines will be sufficient cause for BNSF to stop construction at no cost to the Agency or BNSF until these items are completed. (d) In addition to the liability terms contained elsewhere in this Agreement, the Provider hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Provider, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Provider, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY PROVIDER WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Agency's employees against BNSF, its agents, servants, employees or otherwise, and Agency expressly waives its immunity under the industrial Insurance act 7 59 (RCWTiUe 51)and assumes potential liability for all actions brought by its employees. 13. Agency must require compliance with the obligations set forth |nthis agreement, including Exhibit C and Exhibit C-1. and incorporate in each pUnla contract for construction ofthe Project, orthespeoificaUonatherefor(|)theproYsiUns set forth |n Article U| and |V; and 0\ the provisions set forth in Exhib|tC. Exhib|tC'[ and Exhibit F attached hereto and by reference made a part hereof. 14` Except as otherwise provided below in this Section 13, all construction work performed hereunder by Agency for the Project will be pursuant to o contract or contracts to be let by Agency, and all such contracts must include the following: (a) All work performed under such contract orcontracts within the limits of BNGFo right-of-way must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; /b\ Changes nrmodifications during construction that affect safety or8NGF operations must be subject to BNSF's approval; (c) No work will be commenced within BNSF's right-of-way until each of the prime contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSFs approval of the required insurance; and (d) To facilitate scheduling for the Project. Agency shall have its contractor give 'BNSF'orepresentative four (4)weeks advance notice ofthe proposed Unlea and dates for work windows. BNSF and Agency's contractor will establish mutually agreeable work windows for the Project. BN8Fhas the right at any time to revise or change the work windoxxs, due to train operations o,service obligations. BN@F will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a'change in work windows shall beaccounted for inthe contractor's expenses for the Project. (e) The plans and specifications for the Project must be in oo[npUonoe with the Bridge Requirements set forth on Exhibit F. attached to this Agreement and incorporated herein. 15. Agency must advise the appropriate BN8FManager ofPublic Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. 60 date on which Agency and/or its Contractor will meet with BNSF for the purpose of making final inspection of the Project. 16. TO THE FULLEST EXTENT PERMITTED BY LAW, AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS AGREEMENT, (VI) AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII) AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY AGENCY WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Agency's employees against BNSF, its agents, servants, employees or otherwise, and Agency expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. 17. Agency must give BNSF's Manager of Public Projects written notice to proceed ("Notice to Proceed") with the railroad work after receipt of necessary funds for the 9 61 Project. BNGF will not begin the noi|nood work (including, without |hnitaUon, procurement of supplies, equipment or nlotoha|o> until written notice to proceed is received from Agency. ARTICLE IV) JOINT OBLIGATIONS /N CONSIDERATION of the pnynl|aeo. the parties hereto mutually agree to the 1. All work contemplated in this Agreement must beperformed jnagood and workmanlike manner and each portionmust bepromptly commenced by the party obligated hereunder to perform the aGnlg and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthenmnre, any changes or modifications during construction which affect BNGF will be subject to BN8F's written approval prior to the commencement of any such changes or modifications from the NW 0i*lo]on Manager Engineering Services. 2. The work hereunder must be done inaccordance with the Bridge Requirements set forth onExhibit Fand the detailed plans and specifications approved byBN8F. 3. Agency must require its contractor(s) to reasonably adhere to the Pmject's construction schedule for all Project work The parties hereto mutually agree that BN8F's failure to complete the railroad work 1n accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNOF and will not subject BN8F to any ||abi|ity. ReQmnd|oma of the requirements of the construction 'schedule, 8NSF reserves the right to raaUonoba the labor forces assigned to complete the railroad work in the event of emergency to provide for the immediate restoration of railroad operations of either (BN8F or its related railroads) or to protect persons or property on or near any BN8FoYvned property. BN8Fvvi|| not be liable for any additional costs or expenses nyeu|Ung from any such reallocation of its labor forces. The parties mutually agree that any peo||000Uon of labor h»roen by BN8F pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute breach ofthis Agreement by BNGF. 4. BN8FwiU have the right to stop construction work on the Project if any of the following events take place: (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the plans and specifications approv d by 8N8F (iU Agency (or ofits contrgotomA.in8NGF'sopinion, prosecutes the Project work |na manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (ii1)the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (jx) Agency fails to pay BNSF for the Temporary Construction License or the Easement pursuant to Article 11, Section 1 of this Agreement. The work stoppage will continue until all necessary actions are taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF'u Division 10 62 Engineer or until proof ofadditional insurance has been delivered to and accepted by 8NGF. In the event of breach of(i) this Agreement, /0 the Temporary Construction License, or (Ui) the Eaaannmnt. BN8F may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise toany liability on the part ofBNGF. BNGF'a right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages o/ |net profits, |nthe event that BN8F desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: RobinTlachmak City Engineer City ofTukwila G3UOGouthcenterBlvd, Suite 1OO Tukwila, WA 98188 5. Agency must supervise and inspect the operations of all Agency contractors to ensure compliance with the plans and specifications approved bvBN8F, the terms of this Agreement and all safety requirements of BN8F. IfBNSF determines that proper supervision and inspection are not being performed by Agency personnel otany time during construction of the Project, BNE;F has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will not proceed until Agency corrects the situation to BNSF`s reasonable satisfaction. If RNGF hae|m the situation is not being corrected in an expeditious manner, BNSF will immediately notify RobinTischmok City Engineer City of Tukwila O3OOGnuUlcenberBlvd, Suite 1OO Tukwila, \0Y\SO188 for appropriate corrective action. 6. Agency agrees to provide, to the BN8FManager Evidence Preservation, such Project documentation and records as are agreed to between the parties including: any project applications; any letters of approvaland/or uth hoaUonfOrmn (eg PR1240 or the equivalent); any and all payment Voucher forms requesting FHWA reimbursement (eg. PR-20 or the equivalent) or any other such project authorization or funding records as BNSF may request from time to time. Such records will be provided by the Agency to BNSF on a mutually agreeable schedule or within two (2) months after such records are generated or received by the Agency. Section 130 Documentation shall be provided to BNSF in the one of the following manners: 11 63 Manager Evidence Preservation 2OOOLou K4mnhDrive, AOB-3 Fort Worth, Texas 78131 C]relectronically to: Manager Evidence Preservation Eection130C@bnstcorn 7. Pursuant to this oaoUon and Article ||,SecUon Oheren. Agency must reimburse 8NSF in full for the actual costs of all work performed by BN8F under this Agreement (including taxes' such as applicable sales and use taxea, business and occupation taxes, and similar taxes). less BNSF.sShare oaset forth i0Article IV, Section Uherein. BNGF'sShare must bepaid upon completion ofthe Project. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and attorneys fees pursuant to California Civil Code Section 1717, as well as other litigation oonta` including expert witness fees. The prevailing Party shall also be entitled to recover all aobuo| attorneys fees and litigation costs incurred in connection with the enforcement of judgment arising from such action or proceeding. O. All expenses detailed hnstatements sent UzAgency pursuant hoArticle |[ Section O herein will comply with the terms and pmv/okzms of the Title 23 U.S. Code, Title 23 Coda of Federal Reou|abona, and the Federal -Aid Policy Guide. U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made o part of this Agreement by reference. The parties mutually agree that BNGF'o preliminary engineering, deoiQn, and contract preparation costs described in Article ||. Section 2 herein are part of the costs of the Project even though such work may have preceded the date qfthis Agreement. 8. The parties rnutVa|k/ agree that neither construction activities for the Project, nor future maintenance of the Structure once completed, will be permitted during the fourth quarter of each oe|ondmr year. Emergency xxcvk will be permitted only upon prior notification to BNOF'aNebwnrk Operations Center (telephone number: 800832-5452\. The parties hereto nnUtgaUy understand and agree that trains cannot be subjected to delay during this time period. 10. Subject to the restrictions imposed by Article |V, Section S abmve, the construction of the Project will not oonnnnenoe until Agency gives BNGPs Manager of Public Projects thirty (30) days prior written notice of such commencement. The commencement notice 'will reference D.O.T. Crossing No. 085597G and must state the time that construction activities will begin. 12 64 11. In addition to the terms and conditions set forth elsewhere in this Aonaemen, iDo|ud|nQ, but not limited to, the terms and conditions stated in EKhibitF. BNSFond Agency agree to the following terms upon completion of construction of the Project: (a) Agency will own and maintain, at its sole cost and expense, the Structure, the highway approaches, and appurtenances thereto, fighting, drainage and any access roadways to BNSF gates inmho||ad pursuant to this Agreement. BN8F may, at its opUnn, perform maintenance on the Structure in order to avoid conflicts with train operations. BN8F will notify Agency prior toperforming any such maintenance on the Structure. In the event such nle|nhanonca involves emergency repaira. BN8F will notify Agency atits earliest opportunity. Agency must fully reimburse BNGFfbr the costs of maintenance performed by BN8F pursuant to this subsection 8d Agency must, at Agency's sole cost and expense, keep the Structure painted and free from graffiti. (c) Agency must provide BNGF with any and all necessary permits and maintain roadway traffic controls,mtnocost hoBN8F,whenever requested byBNSFtoallow BNSFtoinspect the Structure ortomake emergency repairs thereto. b8 It is expressly understood by Agency and | N8F that any right to install uUhUeS will be governed by e neponaba permit or license agnag|nert between the parties hereto. (e) Agency must keep the Structure and surrounding onaoa clean and free from birds, pigeons, snaVgngero.vern1in.cnao¢unoaondotheren|nlm|s. If Agency its contractors and o[BNSF. on behalf of Agency, performs (A alterations or modifications to the 8truobupe, any maintenance or other work on the Structure with heavy tools, equipment ormachinery at ground surface level horizontally within 25''O" of the centerline of the nearest track, or (iU) any maintenance or other work outside the limits ofthe deck ofthe Structure vertically above the top of the rail, then Agency or its contractors and/or agents must procure and maintain the following insurance oovareQe, which may be changed from time to time: Railroad Protective Liability insurance naming only BNSF as the Insured with coverage of at |amst$5/JOO,OOO per occurrence and $10,000.000 in the aggregate. The policy shall be issued on a standard ISO form CG 0035 1204 and include the following: 13 65 = Endorsed to include the Pollution Exclusion Amendment ° Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed boremove any exclusion for punitive damages. ° Endorsed to include Evacuation Expense Coverage Endorsement. ° Npother endorsements restricting coverage may be added' = The original policy must be provided to f3NSFprior to performing any work orservices under this Agreement ° Definition of "Physical Damage to Property" nhoU be endorsed to read: "means direct and accidental loss ofordamage toall property owned by any named insured and all property in any named insured' napa. custody, and control arising out of the acts or omissions ofthe contractor named onthe Declarations. An used in this paragraph, "BNSFmeano "Burlington Northern Santa Fe, LLC^. ^BNGF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates ofeach. In |kau of providing a Railroad Protective Liability Policy, Agency may participate in 8F's Blanket Railroad Protective Liability Insurance Policy if available to Agency or its contractors. The |hnito of coverage are the same aoabove. 12. Agency hereby grants to BN8F, at no cost orexpense to BN8F, m permanent right of access from Agency property to BNSF tracks for maintenance purposes. 13^ Agency must provide one set ofdigital as -built plans in EnqIish Units) toBN8F,00well msone set ofcomputer diskettes containing mobuilt CAD drawings of the Structure and identifying the software used for the CAD drawings. The "as built p|ans" must comply with the Bridge Requirements set forth on Exhibit Fand depict all information in BN8F engineering stationing and mile post pluses. The "as built plans" must also include plan and profile, structural bridge drawings and specifications, and drainage p|ono" All improvements and facilities must be shown. 14. Subject to the nosthcUona imposed by Article IV, Section G above and in accordance with the requirementscfArticle III, Section Qabove, Agency must notify and obtain prior authorization from BN8F's Manager of Public Projects before entering BN8F\a right-of-way for INSPECTION OR MAINTENANCE purposes, and the BN8F Manager ofPublic Projects xViUdetornnineifOa~ogioroquimsd' |fthe construction work hereunder is contracted, Agency must require its prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as the same may be revised from time to time. Agency will be responsible for its contractor(s) compliance with such obligations. 15. In the event that BNGFshall deem itnecessary mrdesirable in the future, inthe performance of its duty as a common carrier, to raise or lower the grade or change the 14 66 alignment of its tracks or to lay additional track or hmcho or to build other facilities in connection with the operation ofits railroad, 8NSFshall, etits expense,have full right bv make such changes or additions, provided such changes or additions do not change or alter the Structure herein proposed to be constructed and provided further, however, that should it become necessary ordesirable in the future to oh$nge, alter, widen or reconstruct the Structure to accommodate railroad projects, the cost of such work, including any cost incidental to alteration of railroad or highway facilities made necessary by the alteration of the Structure shall be the sole responsibility of Agency. 16. Agency may, at Agency's sole expanoo, alter or reconstruct the highway components of the Structure if necessary or deoinyb|e, due to traffic conditions or pedestrian or other nacpaoUona| t,oMiu, provided, however, that any such alteration or reconstruction must receive BNSF/e prior written approval as evidenced by either supplement to this Agreement, or execution of nem/agreenlmntthat provides for the termination of this AQnaonnenL Furtherrnore, any alteration or r$oonatrucUoM of the highway components of thg8trVctunevxU/be covered byoCommission Order. 17. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or the costs orexpenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hesto, as well as the State of Washington and the Federal Highway AdrniniolraUon, for e period of three (3) years from the date of'final BN8Finvoice under this Agreement. 18. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the parties hereto. Notwithstanding the preceding sentenma, neither party hereto may assign any of its rights or obligations hereunder without the prior written consent ofthe other party. 19. In the event construction of the Project does not oonnnlonoe within eighteen months of the Effective Date, this Agreement will become null and void. 20. Neither termination nor expiration of this Agreement will release either party from any liability orobligation under this Agreement, whether ofindemnity or otherwise, resulting from any acts, omissions orevents happening prior to the date of termination or expiration, 21. To the mnoxinnurn extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision or this Agreement is prohibited by, or held to be invalid under, applicable lavV, such provision will be ineffective solely to the extent of such prohibition or invalidityand the remainder of the provision will beenforceable. 22. This Agreement (including exhibits and other documents, manuals. etc. incorporated herein) is the full and complete agreement between BNSF and Agency 15 67 with respect to the subject matter herein and supersedes any and all other prior agreements between the parties hereto. 23. Any notice provided for herein orconcerning this Agreement must beinwriting and will be deemed sufficiently given when sent by certified mail, return receipt requested, bothe parties atthe following addresses: BNSFaManager ofPublic Projects Richard VVVVaqnmr 2454Occidental Avenue South Ste 2O Seattle, VVAS8134 206.625'6152 Riohand.VVaqner(cDBN8F.com Robin Tischmak City Engineer City of O5OOSouthmanterBlvd, Suite 1OO Tukwila, VVA98188 16 68 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. WITNESS: WITNESS: 17 BNSF R4ILWAY COMPANY Printed Name: Richard Wagner Title: Manager Public Projects NW Division — ID, WA & BC AGENCY CITY OF TU By: Printed Name: Allan Ekber Title: Mayor, City of Tukwila, 69 70 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes January 23, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Zak Idan, Chair; Kate Kruller, Thomas McLeod Staff: David Cline, Henry Hash, Hari Ponnekanti, Ryan Larson, Cyndy Knighton, Jack Pace, Steve Carstens, Mike Perfetti, Gail Labanara, Laurel Humphrey Guest: Todd Bennett, Northwest Hydraulic Consultants, Inc. CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Contract Completion: Major Maintenance of Three Bridges Staff is seeking Council approval of contract completion and release of retainage to Razz Construction, Inc. in the amount of $2,642,339.81 for the Major Maintenance of Three Bridges Project. This project included seismic retrofits and major rehabilitation work on the Beacon Avenue Bridge, Frank Zepp Bridge, and Grady Way Bridge, and was completed on time and under budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. B. BNSF Flagging and Inspection Services Staff is seeking Council approval of BNSF's increased flagging and inspection costs for the remainder of the Boeing Access Road over BNRR Bridge Rehabilitation Project. An Overpass Agreement currently in effect allows the City and its contractor to work in the BNSF right-of-way and pays for the required railroad flagging and inspection services performed by BNSF. The original flagging and inspection fees were estimated at $149,428, and Amendment No. 1 approved an additional $300,000. BNSF is requesting an additional $150,000 to finish the project. Committee members expressed frustration at the continued cost increases and asked why BNSF cannot provide better estimates at the beginning of the project. BSNF determines the number of flaggers based on safety risks and the City must pay. Councilmember Kruller stated she will bring this up with National League of Cities. Staff does not expect any more flagging charges before the project completion. The total project is expected to cost below the total budget as well as below the total Federal Bridge Replacement Advisory Committee grant. Chair Idan suggested assuming a higher number of flaggers in future dealings with BSNF. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. C. Grant Acceptance: Green the Green Staff is seeking Council approval to sign an agreement with the Rose Foundation for $25,000 for the Green the Green Project. Green the Green is a public -private partnership that will restore sections for the Green/Duwamish River to provide habitat for ESA -listed Puget Sound Chinook salmon. The Rose Foundation funding requires no City match and will be used to extend the project area to the south, restoring an additional 450 lineal feet of shoreline with native vegetation. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. 71 72 CIL GE • A PSIS Initials Meeting Date Prepared by Mayor's review Council review 02/04/19 SH ITEM INFORMATION ITEM NO. 4.G. STAFF SPONSOR: STACY HANSEN ORIGINAL AGENDA DATE: 02/04/19 AGENDA ITEM TITLE Minor Home Repair 2018 Contract with King County CATEGORY Discussion Mtg Date Motion Date 02/04/19 E Resolution Mtg Date E BidAward Mtg Date E Public Hearing tlitg Date E Other Mtg Date gl U Ordinance Mtg Mtg Date SPONSOR •Council @Mayor DI—IR UDcD LFinance UFire [TS EP&R 111Police UPW MICourt SPONSOR'S The Tukwila Minor Home Repair contract with King County represents a four -city SUMMARY consortium and requires Council's authorization for the Mayor's signature. This contract allocates $90,000, to be divided evenly between Tukwila, Covington, Des Moines and SeaTac to provide health and safety repairs in low/moderate income, owner -occupied homes. REVIEWED BY ri C.O.W. Mtg. [1] Trans &Infrastructure DATE: 1-29-19 11 CDN Comm 11 Finance Comm. 0 Public Safety Comm. E Parks Comm. [I] Planning Comm. COmMI l'1 EE CHAIR: QUINN U Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE ADMINISTRATIVE SERVICES - HUMAN SERVICES PROGRAM Unanimous Approval; Forward to Regular Meeting Consent agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $90,000 $90,000 $ Fund Source: COMMUNITY DEVELOPMENT BLOCK GRANT Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/04/19 MTG. DATE ATTACHMENTS 02/04/19 Informational memo dated 1/ /19 2018 contract with King County Minutes from the Community Development and Neighborhoods meeting of 1/29/19 73 74 City of Tukwila Allan Ekberg, Mayor INFOR ATIO AL E ORANDU TO: Community Development and Neighborhoods FROM: Stacy Hansen, Human Services Program Coordinator CC: Mayor Ekberg DATE: January 11, 2019 SUBJECT: Minor Home Repair Program ISSUE Council's authorization is necessary for the City to enter into a contract with King County to utilize Community Development Block Grant (CDBG) funds for the Minor Home Repair Program. This contract for $90,000 will be dispersed between Tukwila (lead contract administrator), Covington, Des Moines and SeaTac. Each City will receive $22,500 to provide health and safety repairs in low -to moderate -income, owner -occupied homes. BACKGROUND Since 2005, Tukwila has been the lead administrator for the Minor Home Repair Program. The attached contract represents 2018 awarded funds in the amount of $90,000. The contract will begin early February and will conclude mid -November of 2019 (CDBG funds lag one year). In 2018 (with 2017 funds), this program served 56 unduplicated residents and provided 397 hours of repairs for all four partner cities. 15 were unduplicated Tukwila households representing 75.50 hours of repairs for a total of 21 individual repairs. DISCUSSION This contract award is the result of an extensive application process that competes with other applicants (cities, non -profits) for funds dedicated to the south sub -region. The Tukwila Human Services Program Coordinator applies for and administers the Minor Home Repair Program and provides on -going technical assistance to the partner cities to ensure contract compliance. RECOMMENDATION Staff is asking that this item be forwarded to the February 4, 2019 Regular Council meeting Consent Agenda. ATTACHMENTS 2018 Contract with King County for Community Development Block Grant funds. 75 76 onou8igoEnvelope ID: nCocAo1o*l �03 Department mfCommunity and Human Services EXPENDITURE TRANSMITTAL FORM CONTRACT R AMENDMENT FIMOA Contract/Reference No.: 6065103 DCH8[}k/ision: Community Services Division Contractor Name: Contract Total or $ this Action: Amendment No.(if applicable) City of Tukwila (if applicable) Previous Total: Contract Start Date R Amend Start Date 12/01/2018 Division Contact: Kathy Tremper Amended Total: Contract End Date: 11/15/2019 Tukwila Minor Home Repair Program CDBG funds will be used to rehabilitate and provide health and safety oriented work for L/Mincome homeowner occupied housing to preserve affordable housing units. The funds pay for repair and nehe in electrical, plumbing and other trades in Des Moines, Covington. SeaTac and Tukwila. Internal Approval: Program Cnnrdinator8Nanager: BF Fiscal Review: Cc Equal Benefits Review (attach if required) NA Quality Control Review: K8H Finance Manager/Assistant Finance KAngr. Review: TS Department Chief Financial Officer Review: Date: 12/31/2018 Date: 12/31/2018 Date: Date: 12/31/2018 Date: 12/31/2018 Contractor Contact Information Authorized signer Name Allan Ekberg Authorized signer E-mail atIan.ekberg@tukwilawa.gov Other Oncuni n Recipient|nfornlotion� RuchelTu,pn}lvchciTu, in@tukwilawagnv Notes: *Rachel Turpin must DocuSign contract before (ie. en route to) Mayor Allan Ekberg. Please ccKathy 7remer, Andrea Smith and Stacy Hansen 2018 Expenditure Transmittal Form (yellow) 77 78 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF King County Contractor City ofTukwila Department nfCommunity and Human Services Community 8en/|caa Division Housing and Community Development Section TTYRelay: 711 Project Title Tukwila Minor Home Repair Program Contract Amount $ 90000 Contract Start Date: 12/01/2018 Contract End Date 11115/2019 Termination Date (where applicable): 11/15/2019 DUNS No. (if applicable) 010207504 GAW1No. (if applicable) 47Z60 Federal Taxpayer/DNo. 916801519 KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT— 2O18 THIS CONTRACT No. 00O51O3ha entered| KING COUNTY, a politicalsubdivision ofthe State ofWashington (the '1CVuntv1.and City ofTukwila, (the address |oG20O Southcenter Blvd, Tukwila, WA 98188. This Contractor is Municipal Corporation licensed in the State of Washington. Use ofthe term "Contractor" in hi Contract isfor ease ofreference only and innU respect signifies that the party is a "Contractor" as described in 24 CFR §92.504(c)(4). WHEREAS, the County is an Urban County recipient 'ofCommunity Development Block Grant Program (COBG)funds under the Housing and Community Development Act of 1974, Public Law 93- 383 as amended (HCD Act); HOME Investment Partnerships Program funds under the National Affordable Housing Act of109OPublic Law 1D1-O25asamended t ^NAHA'').The County allocates, Regional Affordable Housing Program (RAHP)funds. and Homeless Housing and Services Funds, Veterans, Seniors and Human Service Levy funds and Mental Illness and Drug Dependency (MIDD) funds to low-income housing development capital, infrastructure investment, energy efficiency and science, assistance tothe unemployed and/or service projects andCurrentExpense(CX)funds tohousing and community development projects inaccordance with adopted County ordinances. The County uses COBG, HQK8E, H(}F, RAHP. Veterans and Human Qnrvi000 Levy funds and/orCX funds for the purpose of carrying out eligible community development and housing activities under the HCD Act, the NAHA, regulations promulgated by the U.S. Department of Housing and Urban Development /HUD>at?4Code nfFederal Regulations /CFF8Part 570.24CFRPart Q2.24CFRPart 57O.and adopted County Ordinances. (All CFRreferences can befound athttp:/Nmxxm.000esa.qpo.qov/nana/cfr/ofr-tab|e-aearch.htnn|. All King County code references can be found at http://vvxvvY'hinqcounty.gov/Cnunni|/|oqis|ation/kn CoUo.aSpx); WHEREAS, an Urban CountyCOB(3 Consortium has been established byCDBG |ntedVno| Cooperation Agreements(COBG|CAa)orjointagreementnbetweentUeCoUntyandoertainmunicipa| corporations (Consortium Cities) within the County covering program years 2O17-2O1S.The CDBG /(JAnspecify allocation ofCOBG funds bythe County to those participating jurisdictions for use in accordance with the County Consolidated Housing and Community Development Plan (HCD Plan). The HCDPlan has been adopted bythe King County Council, accepted byparticipating jurisdictions and approved hyHUD; WHEREAS, a HOME Consortium has been established by HOME ICAs between the Countyand certain HOME Consortium Cities covering 2017-2019, the terms of which specify allocation of HOME This form is available in alternate formats Upon request for persons ��|'H�,�' ��'|'f|�*c o. w����wU|u^.-�. City of Tukwila 79 oouuSignEnvelope 'ID: oCozAo10-41A7-4nBo-96e1-EOoTzox7^ooF funds by the County for use |naccordance with the HCDPlan which has been adopted by the King County Council, accepted bvparticipating jurisdictions, and approved bvHUD; WHEREAS, the County desires to award certain funds to the Contractor for use as described in this Contract and as authorized by County ordinance, for the purpose of implementing eligible activities as applicable under the HCD Act, NAHA, HUD regulations, State laws, and/or adopted County ordinances; WHEREAS, it is appropriate and mutually desirable that the Contractor be designated by the County to undertake such eligible activities, aolong mothe requirements ofthe HCOAct, NAHA`HUD Regulations, State law, and County ordinances are adhered to as provided for herein; WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the Contractnr, as the parties in this Contract, in implementing such eligible activities under the laws and regulations that pertain to the funds awarded in this Contract; VVHEREAS, the par -ties are authorized and empowered toenter into this Contract by one or more of the following: County ordinance, HCD Act, NAHA, Revised Code of Washington (RCW) Chapter 39.34. FlCVVChapter 35.21.73QetGeq..the Constitution and the enabling laws ofthe State of Washington; NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree City of Tukwila 80 ovuuaignEnvelope ID: unnzAo1n-41A7-4oeo-9ns1'EnC7zoxr400F INDEX TO CONTRACT 1. Scope of Contract and Incorporation of Exhibits U. Duration of Contract Ui Term nfCompliance for Capital Projects |V. Future Support V. Compensation and Method Vf Payment V|. Budget V||. Equipment Purchase, Maintenance and Ownership V|||. Contract Amendments |X. Internal Control, Accounting Systems and Audits ' X. Maintenance ofRecord� ,'^. .. ){|. Evaluations and Inspections )(||. Proprietary Rights >(|||. Corrective Action ){|V. Assignment Xy- Termination XV|. Entire Contract/Waiver ofDefault )(V||. Hold Harmless and Indemnification XV|/|. Insurance Requirements General XD(. Nondiscrimination and Equal Employment Opportunity XX. Subcontracts and Purchases X>(|. Nondiscrimination in subcontracting Practices XX||. Conflict of Interest XX|||. Board ofDirectors XXIV. Confidentiality X>(V. Persone|klfonmation—NoticaofGeouritv Breach XXV|. Compliance with the Health Insurance Portability and Accountability Act Df1QQ8 (H|PPA) XXVII. Notices XXVUi King County Recycled Product Procurement Policy XX|)(. Services Provided inAccordance with Law and Rule and Regulation )(XX. Political Activity Prohibited XXX|.Miscellaneous Provisions XXX||.Affirmative Marketing )(X>(||i Accessibility for Capital Projects XXXK( L� Standards XXXV. Employment Opportunities on Assisted Construction Projects )(XXV|. No Benefit to Owners and Developers of Assisted Housing >{)(}{V||. Supplanting XXXV|||. Drug Free Workplace Certification and Other Federal Requirements XXX|){. Constitutional Prohibition }{L. Promissory Note` Oaad of Trust and Covenant )(L|. Anti- Displacement and Relocation Assistance >(L||. Property Management for Capital Projects }(L||i Taxes and Licenses XL|V. Procedure inthe Event of [laoue|t /CondennnationforCepita| Projects City cxTukwila Page oov41 zo1uContract -uo6o1cm 81 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF EXHIBITS ATTACHED HERETO Exhibit Name Amount Fund Source |. Certificates cfInsurance/Endorsements |L Tukwila Consortium Minor Home Repair Program $00.000 C[)BG |. SCOPE OFCONTRACT AND INCORPORATION OF EXHIBITS A. Scope The Contract between the parties shall consist ofthe signature poge.eaoh Program/Project Exhibit incorporated into the Contract, all matters and |oyvs incorporated by reference herein, and any written amendments made in accordance with the provisions contained henein. The exhibits attached tothis Contract aeExhibits 1. through 11. are hereby incorporated by this reference. This Contract supersedes any and all former agreements regarding projects describedintheattaohed Project/Program Exhibit(s). If there is a conflict between any of the language contained inthis Contract and any ofthe language contained inany Project/Program Exhibitin this Contract, the language inthis Contract shall control, unless the pa�ies affirmatively agree to h | a writingb ' bythe King County Prosecuting /ttO[Dey's.Office. This 'Contract shall govern /both: '' 1. Service Projects (human oerVima. planning,administration and micro- enterprise 2. Capital (000uisitibn,improvement, and rehabilitation ofreal property and construction orreconstruction ofpublic |nfnastructure). The two types ofactivities may bnincluded |none Contract osseparate Project/Program Exhibit(s) of Services. B. Mandatory Certifications The Contractor certifies that it shall comply with the provisions of Sections XIX. Nondiscrimination and Equal Employment Opportunity, XXII. Conflict ofInterest and >{XX.Political Activity Prohibited ofthis Contract. |fthe Contractor ion municipal corporation (other than King County), or Contractor of the State of Washington, King County Code (KCC) chapters 12.16. 12.17and 12.18d0 not apply tOthe Contractor, but may apply toany subcontractor ofthe Contractor. C. Contact Person King County and the Contractor shall each designate 000ntactpersonforeach Project/Program Exhibit incorporated in this Contract. All cornespnndenma, reports and invoices shall be directed to the designated contact person. This provision does not, however, supplant nroverride Section X){V|LNotices. D. Federal Funds The term "federal funds" as used herein means CDBG funds and/or HOME funds. The specific types offunds provided under this Contract are specified inthe attached City of Tukwila Page 4 of 41 2018 Contract — 6065103 82 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF E. Environmental Review This section U projects using federal fundthat are not exempt under 24 CFR Part 58. Notwithstanding any provision of this contract, the parties hereto agree and acknowledge that this contract does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt of a release of funds from HUD under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned upon King County's determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review. The Contractor shall not spend any funds on physical or choice -limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance. Violation of this provision shall result in the denial of any funds under this Contract. Capital Projects usin0fedena|fundsahmUals000rnpk/vvithoubsectionoF.G.Hond|. F. Environmental Policy Act The County retains environmental review responsibility for purposes nffulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR Part 58) and the Federal laws and authorities identified he Contractor shall be solely responsiblefor h cost of onnnp|ianna withall such Federal .|ad authorities| preparing plans, studies, reports and the' publication ofnotices ;that maybe required. The Contractor and its subcontractors shall not take any actions inconsistent with 24 CFR Part58. G. National Flood Insurance The use of[:OBGand HOME funds for acquisition o7construction purposes hl identified special flood hazard areas shall be subject to Contractor mandatory purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection /\ot of 1873(Pub L`g3-237). H. Lead Based Paint The Contractor shall comply with the Lead -Based Paint Poisoning Prevention Act (42 United States Code (UG[)4O21-4840).the Residential Lead -Based Paint Hazard Reduction Q 148 EU andimplementing regulations ed24CFR Port35. subparts A, B` J^ K, and R.Generally, [ these laws prohibit the use of lead - based paint (whenever funds under this Contract are used directly or indirectly for conStruot|on, rehabilitation or modernization of residential structures); require elimination of immediate lead -based paint hazards in residential structures; and require notification of the hazards of lead -based paint poisoning to purchasers and tenants of residential structures constructed prior to1878. i Environmental Justice The Contractor shall comply with Presidential Executive Order 12898 requiring identification and mitigation, as appropriate, of disproportionately high and adverse human health or environmental impacts of prognanns, policies and activities on minority and/or low-income populations. 83 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF J. Gub[enp|8n[Monitorng 1. First -tier subreooientashall register in the Central Contractor Registration (CCR), including obtaining o Dun and Bradstreet Data Universal Numbering System (DUNG)number and maintain the currency nfthat information. Apass through entity shall be responsible for determining that subrenipiento have ourrentCCR registrations prior tomaking aubevvardsand performing periodic checks toensure that the sUbreoip|entaare updating information aonecessary. 2. Recipients shall require each oubran 'entto; a. Document at the time of the subaward and disbursement of funds, the Federal award nunnber. Catalog of Federal Domestic Assistance (CFDA) number; and b. Provide similar identification in their Schedule of Expenditures of Federal Avvordo(GEFA) and Form SF -SAC. Additional infnrnlntion, including presentation requirements forthe8EFAondt;F-|SAC`ieprovidedinAppendix VI of the 2008 Supplement /2 CFR Section 170.210A. U. DURATION OF CONTRACT The terms of this Contract shall be in effect from the Start Date (as defined in the Project/Program Exhibit(s)) or the h is earlier, and shall terminate on heTermination Exhibit, unless extended toalater date orterminated earlier, 'pursuant to the terms /and conditions ofthe Contract. Ui TERM OFCOMPLIANCE FOR CAPITAL PROJECTS The Contractor shall own and operate the project duhngtheComp|ianmaPerindaedefined in the Program/Project Exhibit. |V. FUTURE SUPPORT The County nnokaa no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. V. COMPENSATION AND METHOD OFPAYMENT The County shall reimburse the Contractor only for the approved activities specified in each Project/Program Exhibit and the reimbursement amount shall not exceed the amount specified ineach Project/Program Exh|b|f.Reirnburoen1entsvvi||bepeyoU|ainthefo||ovving manner. A. Start Date and End Date Start Dates and End Dates for individual projects shall be specified in each Project/Program Exhibit. Costs incurred before the Start Date will not be reimbursed. Costs incurred after the End Date will not be reimbursed. B. Submission ofInvoices, Supporting Documentation and Reports The Contractor shall submit an invoice, supporting documentation for costs claimed in the invoice and all reports aospecified ineach Project/Program Exhihitor the County may not process the invoice. Supporting documentation for costs claimed in the invoice City of Tukwila 84 ovnuSignEnvelope ID: aoozAo10-41a7-4nBo-9oe1'Eno7zVA7*oop includes, but is not limited to, purchase orders and b||ka. The County shall initiate authorization for payment to the Contractor not more than 30 days following the County's approval of a complete and correct invoice, supporting documentation and reports. C. Final Invoice for Service Projects The Contractor shall submit its final invoice for each Project/Program Exh|bitpn»vid|ng funding for Service Projects within seven business days after the End Date. The Contractor shall submit all outstanding reports for each Project/Program Exhibit providing funding for Service Projects within 30 business days after the End Oahe. If the Contractor's final invoices, supporting documentation, and reports are not submitted bythe last date specified 'nthis subsection, the County shall berelieved of all liability for payment tothe Contractor ofthe amounts set forth insaid invoice orany subsequent invoice; prov|ded, hovveVer, the County may elect to pay any invoice that is not submitted inatimely manner. D. Final Invoice for Capital Projects Unless provided otherwise in the Project/Program Exhibit(s).the Contractor shall submit its final invoice, supporting documentation, and all outstanding reports for each Project/Program Exhibit providingfunding for Capital Projects before the End Date specified |0the Project/Program Exhibit(s). |fthe Contractor's invoices, supporting documentat�aand reports —� are not submitted by the date specified in this subsection, the County shall be relieved of all liability for paymenttothe Contractor ufthe amounts set forth in said invoice or any subsequent invoice; provided, however, the County may elect to pay any invoice that is not submitted |notimely manner. E. Unspent County Funds 1' After the End Date specified |neach Project/Program Exhbit.forind|v|due|p jeuto covered bxthis Contract, the County shall recapture any unexpended funds encumbered under this Contract. 2. During the term of the Contract, the County may, upon agreement with the Contractor, recapture any unexpended funds for reallocation toother Project/Program activities. Projects using federal funds shall also comply with the following subsections F, G, Hand |. F. Municipal Corporations or State Public Agencies If the Contractor is a municipal corporation or an agency of the State of Washington, costs for which the Contractor requests reimbursement shall comply with the po||oies, guide/|nos, and requirements of CFR Part225. "Cost Principles For State, Local and Indian Tribal Governments" and the sections of24CFRPart 85'`Adnniniotredve Requirements for Grants and Cooperative Agreements to GUate. Local and Federally Recognized Indian Tribal Governments" identified at OMB Circular A -102 and 24 CFR 8 570.5O2(a)Applicability of Uniform Administrative Raqu|rennnnts, unless otherwise provided inthe Project/Program Exhib|t(o). City of Tukwila 85 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF G. Not -for -profit Corporations |fthe Contractor isanot-for-pmfitcorporation, costs for which the Contractor requests reimbursement ahoU comply vvith, un|aoo otherwise provided in the Project/Program Exh|b| the po|icies, guidelines and requirements of CFR Part 230, "Cost Principles for Non -Profit {}rgonizot|ona."and the sections cf24 CFR part84. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, |danUfiadot2CFRPart215 end24 CFR §57O.5O2 (b).Applicability ofUniform Administrative Requirements. H. Excess Federal Funds CDBGand/or HOME funds onhand shall not exceed $5,U00ifretained beyondthree days unless 'written approval isreceived from the County. Any reimbursement in excess of the amount required shall be promptly returned to the County. i Program Income The Contractor shall report all CDBG and HOME Program Income, as defined in 24 CFR G§S2.2.92.5U3and 57[i584/c\and |nthe |CAn generated under this Contract for the purposes specified herein or generated through the project(s) funded under this Contract. Program |ncOnna is to be reported tnthe County. prngrmn) income shall be returned to the County unlessCounty specifiesthat it may be retained bthe Contractor. If the County authorizes the Contractor to retain the^Program Income to continue or benefit a �'ect(G).the Contractor shall comply with all |provisions nfthis Contract in expending the funds. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to Section 11. Duration ofContract orSection XV-Termination. V1. BUDGET The Contractor shall apply the funds received from the County under this Contract in accordance with each Project/Program Exhibit including a line item budget, if applicable, set forth in each Project/Program Exhibit. The Contractor shall request in writing prior approval from the County to revise the line item budget when the cumulative amount of transfers from oline item inany Project/Program Enhibitisexpnctodtuexneedtenpercentoftbed line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request. All budget revision requests in excess of ten percent of a line item amount shall be reviewed and approved or denied by the County in writing. VII. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. Equipment Purchase The Contractor agrees that equipment purchased with Contract funds at a cost of $5,000 per item or more and identified in an exhibit as reimbursable, is upon its purchase or receipt, the property of the Contractor, County, and/or federal, and/or state government, aaspecified inthe exhibit. B. Maintenance ofEquipment The Contractor shall be responsible for all such equipment, including the proper care and maintenance. City mTukwila Page ov,w 201nContract _o0600n 86 oncuGignEnvelope ID: aCozAn10-4lx7-4oao-9os1'soo72nxr4nnr C. Equipment Returned The Contractor shall ensure that all such equipment shall bmreturned tothe appropriate government agency, whether federal, state orcounty, upon written request ofthe County. D. Right ofAccess The Contractor shall admit the County's Property Management Officer to the Contractor's premises for the purpose of marking such property with appropriate government property tags. E. Maintenance of Records The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, _packing aUpS. |nvVcas, receipts) nfequipment purchased with Contract identified funds. F. Disposition pfEquipment Projects using federal funds shall also comply with the following requirement. If the Contractor ceases to use equipment purchased in whole or in part with CDBG funds for the purpose described in this Contract, or if the Contractor wishes to dispose of such equipment, the disposition shall be determined under the provisions of 24 CFR agency of the state of Washington. The Contractor agrees that it will contact the County for instructions prior to disposing of, surplusing of, encumbering or transferring ownership, of any equipment purchased in whole or in part with federal funds. ViU. CONTRACT AMENDMENTS Either party may request changes or an extension to this Contract. Proposed amendments, which are mutually agreedupon, shall beincorporated bvwritten amendments tothis Contract. Budget revisions approved by the County pursuant to Section V|. Budget are not required t0beincorporated bywritten amendment. |X. INTERNAL CONTROL, ACCOUNTING SYSTEM AND AUDITS Internal Control and Accounting The Contractor shall establish and maintain a system of accounting and internal controls that comply with applicable, generally accepted accounting principles and financial and governmental reporting standards as prescribed by the appropriate accounting standards board. Audits A. |fthe Contractor ioanon-profit orgonizatinnomdofinedin2CFRPart2O0.mnd expends a total of $750,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor shall meet the audit requirements as described in 2 CFR Part 200 Subpart F. B. A Contractor, for -profit or non-profit that is not subject tn the requirements in SECTION IX. A.and receives inexcess Vf$1OO.00Oinfunds during its fiscal year from the County, shall provide fiscal year audited financial statements prepared by an independent Certified Public Accountant urAccounting Firm within nine months City of Tukwila Page 9 of 41 2018 Contract — 6065103 87 oocmSignEnvelope ID: 3cp2A51041x7-4Oe8-96E1'snc72oA745oF subsequent to the close of the Contractor's fiscal year (if applicable, see SECTION IX. EJ. C. Non-profit contractors who receive less than $100,000 from the County during their fiscal year shall provide 1) form 990 within 30 days of its being filed; and 2) a full set of annual financial statements. O. For -profit contractors who receive less than $1UO.UOOfrom the County during their fiscal year shall provide 1) income tax return within 30 days of its being filed; and 2)o full set of annual financial statements. E. A Contractor that is not subject tothe requirements in SECTION |X. A. may. in extraordinary circumstances, request a waiver of audit requirements and, with the review and upon approval Vfthe County, substitute for the above requirements othor forms of financial reporting or fiscal representation certified by theContractor'sBoard of Directors, provided the Contractor meets the following criteria: 1That financial reportingand any associated management letter show no reportable conditions nrinternal control issues; and 2. There has been noturnover inkey staff 'since the beginning ofthe period for which the financial reporting was completed. A. Municipal Corporations If the Contractor is a municipal corporation in the state of Washington, it shall submit to the County a copy of its annual report of exam ination/aud it, conducted by the Washington State Auditor, within 30 days of receipt, which submittal shall constitute compliance with Section X Internal Control, Accounting Systems and Audits. B. Catalog ofFederal Domestic Assistance The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG Program is 14.218.The CFDAnumber for the HOME program io14.239'Additional federal and/or state audit or review requirements may be imposed on the County, and if the Contractor has COBG orHOME funds inthe Contract, }tshall borequired tocomply with these requirements. X. MAINTENANCE CjFRECORDS A. Scope nfRecords The Contractor shall maintain accounts and renords, including perepnne|, property, financial, and programmatic records and other such records specified in each Project/Program Exhibit or otherwise deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. Time for Retention of Records Records required to be maintained in subsection A. above shall be maintained for a period of six years after the termination date, unless a different period for records retention is specified in the Project/Program Exhibit. C. Location of Records/Notice to County The Contractor shall inform the County |nwriting nfthe location, ifdifferent from the Contractor address listed on page one of this Contnact. Vfthe aforesaid books, records, 88 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF Projects using federal funds shall also comply with subsections C\ E, F. G, H. |. J` h, L. andyW. D. Federal Exceptions t8Retention Requirements Exceptions tothe six year retention period are @afollows: (1)Records that are the subject of audit findings, litigation, or claims shall be retained until such findings, litigation orclaims have been resolved; and ) The retention period for real property and equipment records starts from the date of the disposition, replacement or transfer at the direction of the County. E. Financial Management Records Financial records shall identify adequately the source and application of funds for activities within this Contract, in accordance with the provisions of 2 CFR Part 200. These records shall contain information pertaining togrant awards and authorizations, nb||gationo. UnobUgatad balances, assets, |iabi|it|es, outlays and income. F. Tenant Notification and Relocation Records If the Contractor is acquiring property with existing tenants, Contractor record keeping for tenant notification and relocation must comply with the Uniform Relocation AcquisitionAssistance and Real Property Act of 1970 (The "Uniform Relocation Act"), and regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization and farm operation displaced or in the relocation workload must be kept. G. Acquisition Records If the Contractor is using funds under this Contract for property acquisition, the Contractor rnUat maintain aseparate acquisition file for each acquisition process documenting compliance with Uniform Relocation Act regulations ot48 CFR Pert24. including a notice of voluntary sale. H. Beneficiary Records The Contractor agrees to maintain rao|a|, ethnic, disability status, single head of houaehD|d, household income, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Contract ifrequired inaProject/Program Exhibit. 1. Labor Standards If the Contractor is using funds under this Contract for construction work, the Contractor shall maintain records documenting compliance by all construction contractors with the labor standards as required under 24 CFR § 570.603 for CIDBG funds and 24CFRG82.354for HOME funds. J. Other Construction Records The Contractor and all ofits subcontractors shall maintain records and information necessary to document the level of utilization of state certified small, minority, and women -owned businesses, and other businesses as subcontractors and suppliers under this Contract. The Contractor shall also maintain all written quotes, bids, estimates or proposals submitted by the contractor and any and all businesses seeking City of Tukwila Page 11ofw 2018 Contract —606o1oo 89 ovn nignEn,copem`ncnuao10-41A7-4nan-9oE1-EncTuoA7400F to participate in this Contract. The Contractor shall make such documents available to the County for inspection and copying upoDrequeot. K. Employment Records If the Contractor is a municipal corporation or an Agency of the State of Washington, it agrees to maintain the following data for each of the Contractor's operating units funded inwhole orjnpart with COBGfunds provided under this Contract: 1' Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity Commission's EEO-4 form; and 2. Documentation ofany actions undertaken tmassure equal employment opportunities to all persons regardless of race, color, national origin, sex or handicap. L. Records Regarding Remedy ofPast Discrimination The Contractor shall maintain documentation of the affirmative action measures the Contractor has taken to overcome prior discrimination if a court or HUD has found that the Contractor has previously discriminated against persons on the grounds of race, oo|or, national origin or sex in administering a program or activity funded in whole or in part with COB(3funds pursuant to24CFFlPart 121. M. ==����� Requirements ��V���� ".y ' ~se " The Contractor shall maintain, for at least six years after completion ofall work under this Contract, the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data and records related t0the Contract for the purpose of monitoring, audit and investigation tOdetermine compliance with any equal opportunity requirements set forth in any federal regulations, statutes orrules included or referenced inthe Contract documents; and 2. Raoovda. including written quotes, bids, estimates or proposals submitted to the Contractor bvall businesses seeking tnparticipate nnthis Contract, and any other information necessary todocument the actual use ofand payments tu subcontractors and suppliers in this Contrect, including employment records. The County may visit, at any time, the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every aaa1ntenoe requested bythe County during such visits. |n all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth inany federal ru|es, regulations orstatutes included or referenced in the contract documents. Xi EVALUATIONS AND INSPECTIONS A. Right ofAccess toFacilities for Inspection ofRecords The Contractor shall provide right of access to its facilities, including those of any subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the activities funded under this City of Tukwila 90 DocvoignEnvelope ID: noozAo1p41A7-4oao-9nE1'eocrzn*7400p Contract. The County shall give advance notice tothe Contractor inthe case offiscal audits to be conducted by the County. B. Time for Inspection andRetenUon The records and documents with respect toall matters covered by this Contract shall be subject at all times to inspection, review, maudit by the County and/or federal/state officials soauthorized bvlaw during the performance ofthis Contract and six years after the termination date, unless adifferent period iaspecified inthe Project/Program Exhibit oro longer retention period is required by law. C. Agreement toCooperate The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and tomake available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. XU. PROPRIETARY RIGHTS A. The parties tothis Contract hereby mutually agree that ifany patentableor copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the Contractor. The Contractor agrees to and does hereby grant to the County, irrevocable, nonexclusive, and royalty -free license to reproduce, publish or otherwise use, and to authorize others to use, according to law, any work material or article and use any method that may be developed as part of the work under this Contract. B. The foregoing products license ohoU not apply to existing training nnoha[|a|n, consulting m|da checklists, and other materials and documents of the Contractor, which are modified for use inthe performance ofthis Contract. C. The foregoing provisions of this section ohn|| not apply to existing training nnotario|a, consulting oids, checklists, and other nnmterio|a and documents nfthe Contractor that are not modified for use inthe performance ofthis Contract. XIU. CORRECTIVE ACTION A. Default bvContractor If the County determines that e breach of contract has occurred because the Contractor failed tO comply with any material terms orconditions ofthis Contract or the Contractor has failed toprovide inany manner the work orservices agreed to|nany Project/Program Exhibit attached hereto, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply. 1. The County shall notify the Contractor |nwriting of the nature ofthe breach. 2. The Contractor shall submit a plan describing the specific steps being taken to correct 'the specified deficiencies (the "corrective action p(on').The corrective action plan ah@|| besubmitted tnthe County within ban business days from the Contractor's receipt of the County's notice under this section. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which completion date shall not be more than 30 days from the date the County receives the Contractor's corrective action plan, unless the County, in 91 ovuuSignEnvelope ID: ocozAs0-41A7-400a*oE1's0c7uOAr4noF its sole discretion, specifies inwriting onextension |nthe number ofdays to complete the corrective actions. 3. The County shall notify the Contractor, in writing of the Counfvsdetermination ae to the sufficiency of the Plan. The County shall have sole discretion in determining the sufficiency of the Contractor's corrective action plan. B. Termination of Contract |nthe event that the Contractor does not respond within the appropriate time with e corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole orinpart pursuant toSubsection }(V.Termination Subsection B. C. County Withholding ofPayment In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken orcompleted. D. No Waiver of Other Remedies Nothing herein shall bedeemed to affect or waive any rightsth rtkao mayhovm pursuant to Section XV. Termination or other remedies authorized by law. XPV. ASSIGNMENT The Contractor shall not assign, tnansferorsubcontrmot any portion ofthis Contract or transfer cvassign any claim arising pursuant .bzthis Contract without the prior written consent ofthe County. Additional terms for County consent tosuch assignment, transfer or subcontract may bedescribed inaProject/Program Exh|bitmnd.w/heregXp[eos|yapacified in the Project/Program Exhibit, shall supersede the requirements and limitations of this Geotion>(|\/. Said consent must Ue sought inwriting bythe Contractor not less than 15 business days prior to the date of any proposed assignment, transfer or subcontract. The Contractor shall deliver to the County with its request for consent, such information regarding the proposed assignee, transferee or subcontractee, including its proposed mission, legal status, and financial and management capabilities as is reasonably available to the Contractor. Within 15 days after such request for consent. King County may reasonably request additional available information onthe proposed assignee, subcontractee or transferee. If the County shall give its consent, this section shall nevertheless continue in full force and effect. Any assignment, transfer or subcontract without prior County consent shall bevoid. Xv. TERMINATION A. Termination for Convenience 1. This Contract may be terminated by the County without cause, in whole or in part, prior to the termination date specified iExhibit, by providing the Contractor 3Odays advance written notice of the 2. |naddition tothe foregoing, if expected nractual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in the Project/Program Exhibit. the County may, upon written notification to the Contnact8r, terminate this Contract in whole or in part. 92 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF 3. If the Contract iaterminated ao provided above: o. The County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and b. The Contractor shall be released from any obligation to provide such further services pursuant tVthe Contract osare affected bVthe termination. B. Termination for Cause 1. The County may terminate this Contract, in whole or in part, upon seven days advance written notice tothe Contractor |nthe event: a. The Contractor materially breaches any duty, obligation, mservice required pursuant tnthis Contract and such breach has not been cured bvacorrective action plan acceptable to the County; or b. The duties, obligations, or services required herein become impossible, illegal or not feasible. 2. If the County terminates the Contract pursuant to this Section XV.Termination, Subsection B. the Contractor shall be liable for damages, including any additional costs ofprocurement nfsimilar services from another source. 3. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. 4. |fCounty orother expected oractual funding iowithdrawn, reduced, orlimited in any way prior to the termination date set forth above in Section 11. Duration of Contract, the County may, upon written notification to the Controotor, terminate this Contract inwhole orin part. 5. |fthe Contract iaterminated oaprovided inthis Subsection: o. The County shall beliable only for paymenti accordance with the terms ofthis Contract for services rendered and authorized purchase made prior tzthe effective date oftermination; and b. The Contractor shall bereleased from any obligation hnornvidesuuhfudher services pursuant tothe Contract aoare affected bvthe termination. O. Funding orobligation under this Contract ioconditional upon appropriation bvtke County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract shall terminate atthe close ofthe current appropriation. C. Waiver Nothing herein shall limit, waive, orextinguish any rightnrrenlodvprovidodbv8him Contract otlaw orinequity that either party may have in the event that the obligations, City of Tukwila 93 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72DA745DF XVi ENT|RECONTRACTIWAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall beattached tothe original Contract. XVIL HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance ofand compensation for these services and shall make noclaim nfcareer service or civil service rights which may accrue to a County employee under state or |ooe| law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. The Contractor shall protect, indemnify, defend and save harmless the County, its officers, agents, and employees from and against any and al claims,Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Controctnr, its offioera, employees, agents, and/or representatives. This duty to repay the County shall not bediminished orextinguished bythe prior termination ofthe Contract pursuant tothe Term and Termination section. C. To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify, and save harmless the County, its officers, ennp|oyees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents, in its performance and/or non-performance ofits obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any ofits employees oragents. For this 'purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions ofTitle 51 RCVV.|nthe event the County incurs any -judgment, award, and/or cost arising therefrom including reasonable attorneys' fees toenforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. To the nnax|nluno extent permitted by |avv` the County shall protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments,and/or awards ofdamages, arising out of, or|nany way resulting frorn, the negligent acts oromissions ofthe County, its officers, employees, City o,Tukwila Page 1mcx41 2018Contraot -noso1Vo 94 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF and/or agents, |nits performance and/or non-performance ofits obligations under this Contract.County ob ligationsis subparagraph extend to any claim, demand, and/or cause ofaction brought by, orunbehalf of, any nfits employees or agents. For this purpose. the County, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such c|a|nno under the Industrial Insurance provisions of Title 51 RCVy. In the event the Contractor incurs any judgment, avvard, and/or cost arising therefrom including reasonable attorneys' fees toenforce the provisions ofthis article, all such fees, expenses, and costs shall barecoverable from the County. E. C|a|nnm oho|| inn|ude, but not be ||nn|ted to, assertions that use or transfer of software, book, docu[nent, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade nonne, and/or otherwise results in unfair trade practice. F. Nothing contained within this provision shall affect and/or alter the application nYany other provision contained within this Contract. G. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. XV|U. INSURANCE REQUIREMENTS —GENERAL A. Insurance RequireBy the date of execution of this Contract, the Contractor shall procure and maintain for d ' the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees and/or contractor/subcontractors. The Contractor or contractor/subcontractor shall pay the costs of such insurance. The Contractor shall furnish separate certificates of insurance and policy endorsements from each contractor/subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, contractor/subcontractors, providers and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Each insurance policy shall bewritten pnan^ocnumsnua^form; except that insurance ona"claims mode" form may be acceptablewith prior County approval.|fcoverage in approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made" form toan"ocnurnonce^coverage form. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits ofthe coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and Conditions 0fthe ,1m ioy(G). Nothing contained in this provision shall affect and/or alter the application of�any other provision contained within this Contract. City mTuwwa Page 17m*1 uu1eContract _006moo 95 oucuGignEnvelope ID: 3cn2A510-41a7-40ao*6s1'snC72oA745oF B. Risk Assessment bvContractor Byrequiring such minimum insurance, the County shall not badeemed nrconstrued bu have assessed the risks that may beapplicable tothe Contractor under this Contract, nor shall such nnininnunn /|n)ito beconstrued to limit the limits available under any insurance coverage obtained by the Contractor. The Contractor shall assess its own risks and, ifitdeems appropriate and/or prudent, maintain greater limits and/or broader coverage. C. Minimum Scope of Insurance. Coverage shall be at least as broad as the following: 1 General Liability Insurance Services Office form number (CGO0O1)covering COMMERCIAL GENERAL LIABILITY. 2. Professional LiabUity, Errors and Omissions Coverage |nthe event that services delivered pursuant to this Contract either directly or indirectly involve orrequire professional services, Professional Liebi|ity, Errors and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require a professional standard of care. 3. Automobile Liability Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2. 7, 8.or8. 4. Workers' Compensation Workers' Compensation coverage, morequired bvthe Industrial Insurance Act of the State nfWashington, oawell aoany similar coverage required for this work by applicable federal or"Other States" state law. 5. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or. in states with monopolistic state funds, the protection provided by the '`8tVp Gap" endorsement tothe general liability policy. ti Property Insurance Insurance Services Office form number (CP0O10covering BUILDING AND PERSONAL PROPERTY COVERAGE and Insurance Services Office form number (CP103O)CAUSES OFLOSS — SPECIAL FORM or projecteppmpriate 7. National Flood Insurance The use of CDBG and HOME funds for acquisition or construction purposes in identified special flood hazard areas shall be subject to Contractor mandatory purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act Vf1S73(Pub L.83-237). 96 oonvSignEnvelope ID: oCVuxs10-41Ar-4oBn-9se1-Eocr2oxr4noF 8. Builder's FUsh8nsta|lation Floater The Contractor shall procureandmaintainduhngthe life ofthe Contract, oruntil acceptance ofthe projectbvKinCounty, whichever iolonger, "All Risk" Builders Risk Insurance adleast aebroad aoISO form number CPUO20(Builders Risk Coverage Form) with ISO form nunnberCPO03O (Causes of Loss —Special Form) including coverage for collapse, theft and property in transit. The coverage shall insure for direct physical loss hnproperty ofthe entire construction project, forone hundred percent of the replacement value thereof. The policy shall be endorsed to cover the interests, as they may appear, of King County, Owner, Contractor and subcontractors ofall tiers with King 'County listed aealoss payee. O. Minimum Limits of Insurance —Capital Projects The Contractor shall nlgnto|n limits no less than the following: 1. Commercial General Liability: $1.00O]]OOcombined single limit per occurrence bv bodily injury,personal injury, ondprupedxUonnage;andforthosaoo|oieewkh aggregate limits, o$2.O0O.0OOaggregate limit. 2. Professional Liability, Errors, and [)n1|sniona: $1.000.000. Per Claim and in the Aggregate. 3. Automobile' Liability: 01.0'*~�^0 combined singlelimit id tƒnr bodily injury and property damage if the use ofmotor Jvehicles icontemplated.��` 4. Workers' Compensation: Statutory requirements of state ofresidency. 5. Stop Gap /Ennp|oyenoLiability: |G1.UOO.O00. 6. Property Insurance: One hundred percent replacement value of funded structure. E. Minimum Limits ofInsurance—Building Construction Period Prior to commencement of building construction and until construction is complete and approved bVthe Contractor, the Contractor shall cause the nnnotrucUoncontractor and related professionals to procure and maintain insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the activities related to this Contract. The Contractor and County oho|| be named as additional insureds on liability policies except Workers Compensation and Professional Liobi|ity, and as Nonlmd |naunada on Builders Risk policies. The cost of such insurance shall be paid by the Contractor and/or any of the Contractor's contractors/ subcontractors. The Contractor shall maintain limits no |enn than the following: 1. Commercial General Liability: $1.000.000cnmbined single/knit per occurrencefor bodily injury, p8rsona|i 'ury@ndpropmrtydonlagaand$2.O0OIK}Qklthe 2. Automobile Liability: $1,000.000 combined single Unit per accident for bodily injury and property damage. 3. Professional Liability, Errors &Omissions: $1.00.00.Per Claim and |nthe Aggregate. 97 ooxuaignEnvelope ID: nCoaAx10-41a7-4000*ns1'EoorznA74nor 5- Workers Compensation: Statutory requirements ufthe State of residency. ti Stop Gap or Employers Liability Coverage: $1.000.000. F Minimum Limits ofInsurance—Services Agreements: The Contractor shall maintain limits no less than the following: 1. Commercial General Liability: $1.000.000 combined single limit per occurrence for bodily injury, personal injury and property damage and $2,000.000 in the aggregate. 2. Automobile Liability: $1.000.000 combined o|Dg|e ||rnit per accident for bodily injury and property damage. 3. Professional Liability, Errors &Omissions: $1.000.000. Per Claim and in the Aggregate. 4. Workers Compensation: Statutory requirements of the State of Residency. 5. Stop Gap orEmployers Liability Coverage: $1.000.000. Paragraphs G. H. |. J. K and L below apply to Capital Projects, Construction Projects and Services Contracts. G. DedunUb|aa�nd8e|f�nsuradRnt�nUmns � Any deductibles or self -insured retentions must be declared to, and approved by, the Courty-The deductible and/or self -insured retention of the policies shall not apply to the Contractor's liability to the County and shall bathe sole responsibility of the Contractor. H. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to conbain, the fnUnvvng provisions: 1. All Liability Policies except Professional and Workers Compensation. o. The County. its officers, officials, employees, and agents are to be covered as additional insureds 'aorespects liability arising 'out ofactivities performed byor on behalf of the Contractor in connection with this Contract. Such coverage shall include Prod ucts-Cornp|etedOperations. b. Tothe extent ofthe Contractor's negligence, the Contractor's insurance coverage shall beprimary insurance aarespects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officens, offioia|s, mnnp|oyema` or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. o. The Contractor's insurance shall apply separately to each insured against whom claim iSmade and/or lawsuit jebrought, except with respect tothe limits of the insurer's liability. 2` Property Coverage Policies o. The County shall beadded toall Property Coverage Policies asoloss payee aa its interests may appear. City of Tukwila 98 oocuSigmEnvelope ID: ooO2A51u��4OB8-96E1-EOC72OA745Dp b. The County shall beadded aaaNamed Insured aeits interests may appear to all Builders Risk policies. 3. All Policies Coverage shall not be suspended, voided, led, reduced in coverage or in limits, except bvthe reduction ofthe applicable aggregatelimit byclaims paid,unU| after 30 days prior written notice has been given to the County. i Acceptability ofInsurers Unless otherwise approved bvthe County, insurance iob»beplaced with insurers with a Bests' rating of no less than A: \/U|, or. if not rated with AM Bests, with minimum surpluses the equivalent of AM Bests' surplus size V|||. Professional Liability, Errors, and Omissions insurance may be placed with insurers with AMBests' rating ofB+V|LAny exception must be approved bvthe County. If, at any time, the foregoing policies shall fail to meet the above requirements, the Contractor shaU, upon notice to that effect from the County, promptly obtain e new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. Verification of Coverage The Contractor shall furnish the `County 'with certificates 'cfinsurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are tobesigned byaperson authorized bythat insurer tobind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies ofall required insurance policies otany time. If the Agency/Contracting Party is o Municipal Corporation or an agency ofthe 'State of Washington and is a nnecnbor ofthe Washington Cities Insurance Authority (VVC|A) or any other self-insurance risk pool, @ written acknowledgement/certification of current membership will be attached tothe Agreement as Exhibit | and satisfies the insurance requirements specified above. K. Subcontractors The Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates ofinsurance and policy endorsements from each subcontractor. |f'the Contractor is insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract, then such requirements and documentation shall be subject to all of the requirements stated herein. L. Municipal or State Contractor Provisions If the Contractor is a municipal corporation or a Contractor of the state of Washington and is self -insured for any of the above insurance requirements, a certification of self- insurance shall be provided for the self -insured requirements and attached hereto and beincorporated byreference and shall constitute compliance with this Section. |fthe certificate nƒself-insurance does not cover all mandatory requirements, the Contractor shall provide separate certificates and endorsements that document coverage. City of Tukwila Page 21vt41 zo1uContract -nuno1cm 99 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF XX NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Equity and Social Justice 1. Accessibility: The Contractor shall evaluate and modify (as warranted) the way |n which it provides services, so that services are accessible (language, location, delivery style, facility environment, etc.) to populations whose modes of engagement are different than the majority popW|atiVn. 2. Commitment: The Contractor shall conduct self -assessments, including obtaining input from culturally diverse populations (both client and non -client) and key stakeholders and uses this feedback in policy making, contract administration and service delivery. The Contractor also creates opportunities/ensures that its workforce engages in ongoing education regarding culturally and linguistically appropriate policies and practices. B. Nondiscrimination in Employment Provision of Services To the extent prohibited by KCC Chapter 12.16 or 12.17, during the performance of this Contract, neither the Contractor nor any party subcontracting under the authority of this Contract shall discriminate ortolerate harassment onthe basis ofsex, raoe, on|or, marital status, national origin, religious affiliation, disability, sexual orientotinn, gender identity or expressionorogeeminimum age and retirement provioions, unless based upon sabona 'fide occupational qualification. 's'�� ~` C. Nondiscrimination inSubcontracting Practices Tothe extent prohibited by KCC Chapter 12`YUor 12.17.during the term ofthis Contract, the Contractor shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, aquipmont, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin, religious effi|iotion, dioob|||ty, sexual oriantoUon, gender identity nr expression orage except by nnin|rnVnn age and retirement provisions, unless based upon abona fide occupational qualification. D. Compliance with Laws and Regulations The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, Presidential Executive Orders and regulations that prohibit discrimination to the extent applicable. These |amm ino|uda, but are not limited to, RCVVChapter 49.60, Titles VI and V11 of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. In addition, King County Code chapters 12.16, 12.17 and 12'18 are incorporated herein by reference and the requirements in these code chapters shall specifically apply to this contract, to the full extent applicable. The Contractor shall further comply fully with any equal opportunity requirements set forth in any federal regu|otiona, statutes orrules included or referenced in the contract documents. E. Small Contractors and Suppliers and Minority and Women Business Enterprises Opportunities King County encourages the Contractor to utilize small businesses, including Small 100 omuuaignEnvelope ID: oona*s*^1A7-4nao-9nE1'Eoc7uuAr400F owned business enterprises certified by the Washington State Office of Minority and yVonnan'aBusiness Enterprises (]MVVBE)|nCounty contracts. The County encourages the Contractor to use the following voluntary practices to promote open competitive opportunities for small businesses, including 8C8firms and minority - owned andxvonnmn-oyvnmdbusineooenterpr|oes: 1. Inquire about King Cnuntv's Contracting Opportunities Program. King County has established o Contracting Opportunities Program tomaximize the participation of SCS in the award of King County contracts. The Program is open to all SCS firms certified bvKing County Business Development and Contract Compliance (BDCC). As determined by BDCC and identified in the solicitation documents issued by the County, the Program will apply to specific contracts. However, for those contracts not subject to the Program nrfor which the Contractor elected not to participate /n the Program during the solicitation stage, the Contractor is still encouraged to inquire voluntarily about available firms. Program nnatgria|o, including application forms and a directory of certified SCG firnns, are available at the following Web -site address: http://vVvvvVkiDgcOunty.gUv/bdcC The term "Small Contractors and Suppliers" (SCS) means that a business and the person or persons who own and control it are in a financial condition which puts the business sd8substantial disadvantage inattempting tocompete for public contracts. The relevant financial condition for eligibility under the Program is set at percentfifty | Small Businesssmall business size standards onSystem and Owners' Personal Net Worth less than $750.00Odollars. 2. Contact {}N1VVBE to obtain o list of certified minority -owned and women -owned business enterprises isiting their vvebsite athttp://v«mw.onnvvba.\wa.gov/nr by Toll Free telephone (806)2O8-1OO4. 3. Use the services of available community organizations, consultant groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement ofsmall businesses, including SCG firms and minority -owned and women -owned business enterprises. F. Equal Employment Opportunity Efforts The Contractor shall undertake equal employment opportunityefforts toensure 'that applicants and employees are treated, without regard to their sex, race, color, marital atntus, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. The Contractor's equal employment opportunity efforts shall include but not be limited to, the following; employment, upgrading, demotion Or transfer; recruitment or recruitment advertising; layoff ortermination; rates of pay or other forms ofcompensation; and selection for training, including apprenticeships. The Contractor agrees topost inconspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with P{CC12.1O.O1O.' "equal employment opportunity efforts" shall mean active efforts to ensure equal opportunity in employment that isfree from all forms of discrimination. G. Compliance with Section 5O4ofthe Rehabilitation Act of1S73asamended n 5O4)and the American Disabilities Act of198Oanamended A\OA\ Pursuant tOTitle ||ofthe AOAand Section 504the County must not discriminate against people with disabilities in providing serxioea, programs oractivities even if those serV|ces, programs or activities are carried out by contractors. The Contractor City vvTukwila Page uovv^H omoContract _sosmoa 101 DocuSign Envelope ID: 3CO2A510-4lA7-40BB-96El-EOC72OA745DF agrees that itshall provide all programs, services and activities boCounty employees or members of the public under this Contract in the same manner as King County is obligated to under Title 11 of the ADA, and Section 504 and shall not deny participation or the benefits of such services, programs or activities to people with disabilities on the basis of such disability. Failure to comply with this section shall be material breach of. and grounds for, the immediate termination ufthis Contract. 1. The Contractor agrees toprovide topersons with disabilities access toprograms, activities and services provided under the Contract or agreement, as required by the disability access laws 'asdefined byP{CC12'1O;and 2. The Contractor shall not discriminate against persons with disabilities in providing the work under the Contract. In any subcontracts for the programs, activities and services under their contract Vragreement, the Contractor shall include the requirement that the subcontractor provide to persons with disabilities access to programs, activities and services provided under the contract oragreement .an required bythe disability access laws aodefined byKCC12.1O.that the subcontractor shall not discriminate against persons with disabilities in providing the work under the Contract and that the subcontractor shall provide that the County |sothird pedx beneficiaryto that required provision. H. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this section shall bea material breach of contract for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law. Fair Housing Protections The Contractor shall comply with the federal Fair Housing Act, Public Law S0-284(42 UGC3O01 etoeqlThe Contractor shall take necessary and appropriate actions to prevent discrimination in any housing -related project under this Contract, which includes rental housing projects and/or projects that include residential real estate - related transactions, as required by the Federal Fair Housing Act as amended (42 USC 3601) and the Washington State Law Against Discrimination (RCW Chapter 49.60). Residential real estate -related transactions include the making or purchasing of loans or the provision of financial assistance secured by real eotote, or the making or purchasing of loans or financial assistance for the purchasing, constructing, improving, repairing or maintaining of dwelling. Rental housing includes any dwelling that is intended for occupancy as a residence for one or more families by lease, sublease or by grant for a consideration of the right to occupy Premises not owned by the occupant. |naddition, except for projects |ocmtedin|nnorpungted'uhodicti8no.tha Contractor shall comply with the applicable provisions of the King County Open Housing Ordinance, codified at Chapter 12.20 of the King County Code, which prohibits practices of housing discrimination against any person on the basis ofage, encestry, color, dieabi|ity, marital atatus, national origin, parental status, possession of Section 8houain0 aasistonoe, n3cm, re|ig|Un, reta|iadnn, sex, and sexual orientation. Projects using federal funds shall also comply with subsections ^[K,L.and K8below. J. Additional Federal Nondiscrimination Requirements The Contractor shall comply with all applicable federal laws prohibiting discrimination, 102 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF . Presidential Executive Order 11063 as amended and implementing regulations at 24CFRPart 1OT 2. Section 1O9ofthe HCDAct of1S74.enamended (42USC53O1); 3. The Americans with Disabilities Act (42U8C1213;47UGC155.2O1,218and 226)', and , 4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8. K. Prohibited Discriminatory Actions 1. Except where expressly authorized b federal law, the Contractor may not, under any program or activity to which this Contract app|ies, directly orthrough contractual or other arnangennmnta, discriminate on the grounds of age, uV|or, creed, familial status, marital status, nef|opo|ity. religion, raca, sex, sexual orion1eUon, or the presence ofany, physical, mental or sensory disability. Discriminatory actions may include but are not limited tothe following: m. Denying any person access to facilities, services, financial aid or other benefits provided under the program oractivity; b. Denying any person services due tolimited English proficiency; c Providing any person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program oractivity; d. Subjecting any person to segregated or separate treatment in any facility or in any matter or processrelated toreceipt ofany service orbenefit under the program or activity; e. Restricting |nany way access toorinthe enjoyment ofanyadxontageor privilege enjoyed by others inconnection with facilities, services, financial aid or other benefits under the program nractixity Treating any person differently from others in determining whether the person satisfies any admission, onro||rnent, e|igibi|itv, nnonnborsh|p, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity; Denying any person any opportunity to participate in a program or activity as an employee; and h. Failing todesign andcnnatnuctfacUitienforfirstoocupancyafterJan 26. 1993 that are readily accessible to and usable by individuals with disabilities and failure toremove architectural and communication barriers that are structural in nature in existing facilities, where such rennoVo| can be accomplished without difficulty and expense. 2. The Contractor eho|| not utilize criteria or methods of administration that have the effect nfsubjecting individuals tndiscrimination onthe basis cf age, color, familial otatua, natinna||ty, race, ne||g|on, nex, or sexual orientation; or mental, physica|, or sensory disability; or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to g. City of Tukwila Page 25 ofw 2018 Contract —60651m 103 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF individuals of particular oge, cokor, familial status, nationality, race, religion, sex, or sexual orientation; or the presence of any mental, physical, or sensory disability. 3. The Contractor, in determining the site or location of housing cvfacilities provided in whole or in part with funds under this Contract, may not make selections of such site orlocation which have the effect ofexcluding individuals, denying them benefits, or subjecting them to discrimination on the grounds of age, sex, marital oLatuo, familial atetus, rg|igion, race, creed, oo|or, sexual nrientation, neUono|ity, or the presence ofany sensory, mental orphysical disability; orxvhichh8v8the purpose nreffect ofdefeating orsubstantially impairing the accomplishment of the objectives ofthe HC[)Act nrofthe HUD Regulations. L. Employment Projections In all solicitations under this Contract, the Contractor shall state that all qualified applicants will beconsidered for employment. Thevvnrds^aqua|opportunitvemp|nyer" in advertisements shall constitute compliance with this section. M. No Conflict with Federal Requirements. As indicated by HUD Notice CPD 04-10, a faith -based organization's exemption from the federal prohibition on employment discrimination on the basis of religion,set forth in 42 USC 20OOe-1 (a), is not forfeited when the organization receives HUD funding. Faith -based organizations, like any other entity participating in a HUD -funded program, must, however, comply with all the statutory requirements of that particular HUD - funded program. Both the CDBG and HOME Programs contain statutory provisions contractors. Religious organizations that believe that certain non-discrimination statutory requirements are substantially burdensome may be entitled to protection under the Religious Freedom Restoration Act [42 USC4000bb-3, 4000bb-2(l)] which applies to all federal law and its implementation. Gubrenipienta, aubgrontaao, or contractors should be aware that anti -discrimination provisions ofSection 1OSnfthe Housing and Community Development Act of1S74.Section 282ofthe HOME Investment partnership Act may pose questions ofconformance with Title V||Vfthe Civil Rights Act of 1S64and future court rulings could define more specifically the application of these |mvvs to faith -based organizations. In the event that a provision of this Contract is deemed to be in actual conflict with federal |aYv, the conflicting provision in this Contract shall not apply. XX SUBCONTRACTS AND PURCHASES A. Subcontract Defined "Gubco[tract"shall mean any agreement between the Contractor and osubcontractor mbetween subcontractors that iobased on this Contract, provided that the term ^ subcontract" does not include the purchase of(1)support services not related to the subject matter of this Contract, or (2) supplies. B. Writing Required Any work orservices assigned oraubcontm3ctadhereunderaheUbe|nvvritingandrnuct be approved by the County as provided in Section XIV. Assignment. The Contractor agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors and their employees and agents, aaitisfor the acts and omissions of City of Tukwila Page 2nm41 xmocontra —8065103 104 DocuSign Envelope ID: 3CO2A510-4lA7-40BB-96El-EOC72OA745DF its own employees and agents, as specified in Section XVII. Hold Harmless and Indemnification Subsection C. C. Required Contract Terms The Contractor shall include the applicableprovisions ofSections >(V|||. Insurance Requirements -General, )O)(. Nondiscrimination and Equal Employment Opportunity and }(X. Subcontracts and Purchases in emery subcontract or purchase order for goods or services which are paid for in whole or in part with funds provided under this Contract. The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services, which relate to the subject matter nfthis Contract: "Subcontractor shall protect, defend, indennnih/, and hold harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employee, and/or agents in connection with or insupport ofthis Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." Projects using federal funds must also comply with subsections D. E` F. G and H. D. Deb�rnodCo . ....^~.~ �x The Contractor certifies that neither the Contractor nor any person or entity with a controlling interest in the Contractor |sunder suspension, debonnmnt, voluntary exclusion or determination of ineligibility from participation in federal assistance programs under Presidential Executive Order 1254Sor12089."Debarment and Suspension". The Contractor further certifies that neither the Contractor nor any person or entity with o controlling interest in the Contractor has any proceeding pending to suspend, debar, exclude or determine them ineligible from participation in federal assistance programs under Presidential Executive Order 12549 or 12689. The Contractor ahe|| not make any award at any time to any contractor, which is debarred, suspended or excluded, from participation in federal assistance programs under Presidential Executive Order 12549."Debarment and Guopenaiun^ The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this agreement have not been disbarred or suspended from federal contract participation. This may be done by checking the System for Award Management at https://www.sam.qov, which lists all suspended and debarred entities. E. Subcontracting Requirements A Contractor which receives federal funds under this Contract also shall include the following sections in every subcontract or purchase order for goods and services which are paid in whole or in part with funds provided under this Contract: Section V. Compensation and Method of Payment Subsections F. or G. and I., Sections XVI I. Hold Harmless and Indemnification Subsection B.. )(V||/. Insurance Requirements — General Subsection K., X|j(. Nondiscrimination and Equal Employment Opportunity and XXII. No Conflict of Interest Subsection B. and, if the subcontract is for construction, Sections )<X|){|\/.Labor Standards and ){)(>8/.Employment Opportunities. 105 oocuoiguEnvelope ID: 3Co2A510-41A7-4oB8-96sn'snC7eo*745or F. Federal Procurement Requirements The Contractor agrees to comply with Procurement Standards specified in2CFR 200.317 through - 200.326, unless otherwise provided in the Project/Program Exhibit. G. Federal Bid Guarantee and Bond Requirements If the Contractor is subcontracting construction work under this Contract, the subcontract shall require for any construction contracts exceeding $150,000: 1. A bid guarantee from each bidder equivalent to five percent of the bid price; 2` A performance bond from the contractor for one hundred percent of the contract price; and 3. A payment bond from the contractor for one hundred percent of the contract price. The Contractor may, otits discretion, require any ofthese requirements on construction contracts of less than $150,000. The specific requirements for bid guarantees and bonds are et2CFR§20O�325' H. Failure hoComply isDefault Failure bvthe Contractor to require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. XXII. NONDISCRIMINATION UNSUBCONTRACTING PRACTICES Projects using federal funds shall comply with the following requirements: A. Federal Requirements |nsoliciting subcontractors tosupply goodsorservices for the activities under this Conbaot.thaConUactorah8||cnnnp|yvVith2CFR'92O0.331.|necoordonmavviththese regulations, the Contractor shall take all necessary affirmative steps to assure M/WBEs and labor surplus area firms are used assubcontractors when possible. /#ffirrnad|Ve steps shall include those actions specified above in this section of the Contract. B. Nondiscrimination inFederally Assisted Construction The Contractor shall also require compliance with Presidential Executive Order 11246 aoamended and 41 CFRPart OOregarding nondiscrimination inbid conditions for construction projects over$1O.00O. XXII|. CONFLICT OFINTEREST A. King County Code Chapter 3.04Compliance. 1. The Contractor shall comply with applicable provisions of KCC Chapter 3.04. Failure to comply with such provisions shall be a material breach of Contract and may result in termination of this Contract pursuant to Section XV. Termination and subject the Contractor to remedies stated therein Vrotherwise available to the County atlaw orinequity. This section shall not apply tooContractor that iso municipal corporation which has adoptedn employee code of ethics; provided that nothing inthis section ieintended tocontract away such mContractor's obligation tn comply with any KCC Chapter 3.04 provision that applies independent of this Contract. City ofTukwila Page oam41 zn10Contract -6onn1oa 106 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96EI-EOC72OA745DF 2. No Preferential Treatment The Contractor agrees that it will not attempt to secure preferential treatment in dealings with the County by offering any valuable consideration, thing of value, or gift. whether inthe form ofservices, |oan, th|ng, or prOnoiom, in any form, to any County official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found inthis paragraph its current contracts with the County shall be cancelled and it shall not be able to bid on any County contract for a period oftwo years. 3. Disclosure of Current and Former County Employees Toavoid any actual orpotential conflict ufinterest orunethical conduct: o. County employees or former County employees are prohibited from assisting with the preparation of proposals or contracting with. influencing, .odmJCating, advising or consulting with athicd party. including Cnntrantor, while employed by the County or within one year after leaving County employment if he/she participated in determining the work tn be done or processes to be followed while County employee. b. Contractor shall identify at the time of offer current or former County employees involved ithe preparation of proposals or the anticipated performance8fWork if awarded the Contract. Failureto identify current or former County employees involved iQthis Contract :may result |ntermination ,ofthis !Contract. c. After Contract award, the Contractor is responsible for notifying the County's Project Manager nfcurrent orformer County employees who may become involved |nthe Contract any time during the term ofthe Contract. B. NnConflict ofInterest The Contractor shall abide bvthe provisionof2CFR§ 2O0.31E[and bvthe following: 1. The Contractor shall maintain a written code orstandards ofconduct that shall govern the performance ofits officer, employees nragentoenga0ed|nthnovvand and administration ofcontracts supported byfunds under this Contract; 2. No employee, director, officer or agent of the Contractor shall participate in the selection or in the award, or administration of a contract supported by funds under this contract if a conflict of interest, real or apparent, would be involved. By way of example, such a conflict would arise if such a person, or his or her employer. immediate family member or partner has financial or other interest in the entity selected; and 3` The Contractor's officers, employees, and agents must neither solicit nor accept Qrotuitias, favorG, oranything ofmonetary value from contractors orparties to subcontracts. However, the Contractor may set standards for situations in which the financial interest |anot substantial nrthe gift |oanunsolicited item ofnominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Contractor. 107 DvcvSignEnvelope ID: oCouAo10-41A7-4nea-9se1-EnCrooA74oDF XX|U. BOARD OF DIRECTORS A. If the Contractor is incorporat8d, it must have an mcUve, legally constituted board of directors in accordance with the requirements of RCW Chapters 23B or 24, to the extent applicable. B. The following additional requirements shall apply to the agencies that qualify as non- profit organizations under USC, Title 20.Subtitle A.Chapter 1.Subchapter F,Part 1. Section 5O1/[3(5). 1. The Contractor shall have a Board of Directors that shall be comprised of neither employees nor relatives of employees, nff|ceno, or directors of the Contractor. For the purposes of this section, a relative is defined as husband, wife, father, father-in- law, nnothar, nnother-in-|avv, brOtheF, brother-|n-|m«v, sister, siatar-in-}avv, onn, aon-in- |avv.daughter, dau0htepin-|aw\ niaue, nephem/, grandparent, grandchild, uno|e, aunt, domestic partner and child of domestic partner. In addition, the relatives of domestic partner shall be considered relatives to the same extent such relatives would beincluded inthis section, ao|fthe employee and domestic partner were married. 2' The Board of Directors shall meet regularly. 3. The Board of Directors shall cause to be adopted | conflict of interest oVcy for Board members that complies with the applicable provisions of the Internal Revenue Code and its 501(C)(3) status, and addresses issues regarding gifts, financial goin, and improper use ofposition. XXIV. CONFIDENTIALITY The Contractor agrees thodoUinfonnotion.reoonda,anddateoo||ectedinconnectionvvith this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. XXV. PERSONAL|NFORMAT|ON—NQTCE OF SECURITY BREACH A. If the Contractor inteino computerized or other forms ofdata that includes personal information owned by the County, the Contractor shall notify the County of any breach of the security of the data immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person in B. The Contractor shall provide all information requested bvthe County including the following |naccordance with F<CVV42.5O.590, KCC 2.14.O3Q,the King County Information Privacy Policy and any other applicable federal, state and |nco| statute: 1. Circumstances associated with the breach; 2. Actions taken bvthe Contractor torespond bzthe breach ;and 3. Steps the Contractor shall take t0prevent osimilar occurrence. This information shall be provided in a fonnnd requested bythe County. C. The County may at its sole discretion, require the Contractor tocontact the appropriate law enforcement agency and to provide the County a copy of the report of the 108 ovouSinoEnvelope ID: oCnzAo10-41A7-4Ooo*nex-EnCrooa7*ooF investigation conducted by the law enforcement agency. The Contractor shall also provide the County with any information it has regarding the security breach. O. The Contractor shall conspicuously display K|ngCounty'aprivaoyNoticeondprov|deo printed copy upon request. E. The Contractor shall be responsible for notifying individuals whose personal information may have become available to unauthorized users through a security breach. The Contractor shall also be responsible for any cost associated with notifying the affected individuals. This notification must be in accordance with RCW 42.56.590 (7). F. If the Contractor demonstrates that the cost of providing notice would exceed $250,000, or that the potentially affected persons exceeds $500,000, or the Contractor does not have sufficient contact |Dfornnation, substitute notice shall consist ufthe following inaccordance with RCVV42.50'5AU(7).(c)' 1. Email notice when the Contractor has an e-mail address for the subject persons; 2. Conspicuous posting of the notice on the Contractor's web site page, if the Contractor maintains one; and 3. Notification to major County -wide media. G. For purpose Vfthis section, "personal information" .niemosthesame as defined iVFlCVV 1. Anindiv|dua[nfirst name orfirst initial and last name incombination with any one of the following data elements, when either the name or the data elements are not encrypted: social security number; driver's license number or Washington identification card number; or 2. Account number orcredit nrdebit card number, incombination with any required security code; access code, or password that would permit access to an individual's financial account. XXV11. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF1BSG(H|PAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45[}FR Parts 160 and 154. A. Obligations and Activities of the Contractor 1. The Contractor agrees nottouogordiao|oseprotectmdhealthinfornnadionothar than as permitted or required by this [|ontract. H|PAAand the Health Information Technology for Economic and Clinical Health Act (HITECH). The Contractor shall use and disclose protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR § 164.504(e). The Contractor is directly responsible for full compliance with the privacy provisions ofH|PAAand H|TECHthat apply tobusiness associates. 2. The Contractor agrees to implement adminiatrative, phyaima|, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it oreetes, rGce|ven, nnointadno, nrtransmits on behalf Vfthe County aorequired bv45CFR. Port1O4. 109 nouuSignEnvelope ID: nonzAo1o41Ar-4Vao-9ns1'Eoo7znx7400F Subpart C. The Contractor is directly responsible for compliance with the security provisions ufH|PAAand H|TECHtothe same extent oathe County. 3. Within two business days of the discovery of a breach as defined at 45 CFR § 164.4U2the Contractor shall notify the County ofany breach cfunsecured protected health information. The notification shall include the identification ofeach individual xxhVae unsecured protected health information has been, or is reasonably believed by the Contractor to have been, aooeased, acquinsd, or disclosed during such breach; a brief description of what happened, including the date of the breach and the dote of the discovery of the bnaamU, if known; a description of the types of unsecured protected health information that were involved in the breach (such as whether full name, social security number, date of birth, home addr8os, account nunnber, diagnoa|o, disability coda, or other types of information were involved); any steps individuals should take toprotect themselves from potential harm resulting from the breach; o brief description ofwhat the Contractor is doing to investigate the bne8ch, to mitigate harm to |ndixidua|a, and to protect against any further breaches; the contact procedures nf'the Contractor for individuals toask questions or learn additional information, which shall include a toll free number, an e-mail address, Web site, nrpostal address; and any other information required to be provided to the individual by the County pursuant to46 CFR G 164.404. as amended. A breach shall be treated as discovered in accordance with the terms of 45CFR § 1O4.41O.The information sha||beupdotadpronnnt|yandprovidedtVthe County as'requested bythe County. ^''y�`�.`' 4. The Contractor agrees to mitigate, tnthe extent practicable, ` any harmful effect is known tothe Contractor of use or disclosure of protected health information by the Contractor inviolation of the requirements gfthis Contract orthe law. 5. The Contractor agrees to report in writing all unauthorized or otherwise improper disclosures of protected health information or security incident to the County within two days ofthe Contractor knowledge ofsuch event. O. The Contractor agrees to ensure that any ogent, including a oubcontrantn[, to vvhonn it provides protected health information received from, or created or received by the Contractor on behalf of the Counb/, agrees to the aanna restrictions and conditions that apply through this Contract to the Contractor with respect to such information. 7. The Contractor agrees tomake available protected health information kl accordance with 45CFR§1G4.524. O. The Contractor agrees to make available protected health information for amendment and incorporate any amendments toprotected health information in accordance with 45CFR§1G4.G2O. S. The Contractor agrees to make internal pnmntioeo, booka, and renorda, including policies and procedures and protected health infnrmEdion, relating to the use and disclosure of protected health information received fronn, or created or received by the Contractor on behalf of King County, available to the Secretary of the U.S. Department of Health and Human 8en/ioeo` in 8 reasonable time and manner for purposes of the Secretary determining King County's compliance with HIPAA, H|TECH or this Contract. 1O.The Contractor agrees tomake available the information required toprovide mn 110 nocuGignEnvelope ID: ocnz*o10-41x7-4noo-96e1-EOorzoA74sDF individual make a requesttnthe County for anaccounting ofdisclosures ofhis or her protected health information pursuant -to45CFR§164.528, Contractor agrees to promptly provideanaccounting, easpecified under 42U.8.{}. §17Q3S(c)(1)and 45 CFR §184.528. of disclosures of protected health information that have been made bythe Contractor acting onbehalf nfthe County. The accounting shall be provided by the Contractor to the County or to the individual, as directed by the County. 11. To the extent the Contractor is to carry out one or more of the covered entity's ob|igat|UnmundarSubpartEof45CFRG1O4`thecOntroutorshoUconnp|ywiththe requirements ofSubpart Ethat apply tothe County inthe performance ofsuch obligations. B. Permitted Uses and Disclosures byBusiness Associate The Contractor may use or disclose protected health information to perform functions, activities, orservices for, or on behalf ot King County easpecified 1n this Contract, provided that such use ordisclosure would not violate H|PAAifdone bvKing County or the minimum necessary policies and procedures ofKing County. C. Effect of Termination 1. Except as providedinparagraph C.2 nfthis section, upon termination ofthis Contract, for any reason, the Contractor shall return or destroy all protected health information received from the County, or created or received by the Contractor on behalf of the County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information. 2. |nthe event the Contractor determines that returning ordestroying the protected health information to |nhamsb|e. the Contractor shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections ofthe Contract tosuch protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. D. Reimbursement for Costs Incurred Due toBreach Contractor shall reimburse the County, without limitation, for all costs of |nvestigoUOn. dispute resolution, notification of individuals, the media, and the government,and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured protected health information by the Contractor. XXV||. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall beinwriting; and directed tothe Chief Executive Officer ufthe Contractor and the Director of the County Department of Community and Human Services. Anytime within which a party must take some action shall be computed from the date that said party receives the notice. City nrTuxvvi/a Page noof*1 20noContract -o8nnnx ill DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF XXVIU. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY |naccordance with King County Code Chapter KCC1O.2Oand King County Executive Policy CON 7-1-2, the Contractor shall use recycled paper for all printed and photocopied documents related to the submission of this solicitation and fulfillment of the Contract and shall, whenever practicable, use both sides ofthe paper. XX|X' SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Contractor and any subcontractor agnoe, when opp||cab|e, to abide bvthe terms of Chaptens20.44. 89.54. 70.02. 70.96A. 71.05. 71A.10. 71A.14, 71A.18^ 71.20. 71.24. and 71.34 of the Revised Code of Washington, rules and regulations promulgated theraunder, the Basic Inter -Contractor Contract between the Department of Social and Health Services and King CoVnty, as mnnanded, and regulations of the state and federal gOVernmento, as applicable, which control disposition offunds granted under this Contract, all of which are incorporated herein by reference. XXX. POLITICAL ACTIVITY PROHIBITED A. No Partisan Activity None nfthe funds, materials, property orservices provided directly orindirectly under this Contract shall be used for any partisan political activity or to further the election or defeat ofany candidate for pub/k:c�[|ce,' All Projectsusing federal funds shall also comply with the following subsection: B. Certification Regarding Lobbying The Contractor certifies, hothe best ufits knowledge and belief, that: 1. Nnfederal appropriatedfunds have been paid orwill be paid, bvornnbehalf ofthe Contractor, to any person for influencing or attempting to influence on officer or employee ofany Agency, o member ofCongress, an officer oremployee of Congress, or an employee of member of Congress in connection with the awarding of any federal contract, the making Vfany federal grant, the noeh|ng of any federal /oan, the entering into of any cooperative agreement, and the eufano|on, continumtiAn, nanevvo/, ammndnnent, or modification ufany federal contract, grant. |oan, or cooperative agreement. 2. |fany funds other than federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence an officer or employee of any Contractnr, a member nfCongress, an officer or employee of Cnngreoo, or on employee of a member of Congress in connection with this federal contract, grant, |omn, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. The Contractor shall require that the language ofthis certification beincluded hlthe award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making orentering into this transaction imposed by 31 U8C 1352. City of Tukwila 112 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XXX|. MISCELLANEOUS PROVISIONS A. 8exorobiUb/. Whenever possible, each provision of this Contract shall be interpreted to be effective and valid under applicable |oVv. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect oSclose aspossible tothe |nvo|id, illegal and unenforceable provision. B. Remedies Not Exclusive. No provision of this Contract precludes the County from pursuing any other remedies for the Contractor's failure to perform its obligations. C. NoThird Party Beneficiaries. Except for the parties towhom this Contract isassigned incompliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart anyrighteenforcgab|ebyanyp8rmonorenUh/thotisnotaparty thereto. This Contract shall by and construed+" the laws of the State of Washington. Any claim nrsuit between the parties arising out cfthis Contract may only befiled and prosecuted in King County Superior Court or U.G. District for the Western District of Washington, in Seattle. XXXU. AFFIRMATIVE MARKETING A. Federal Marketing Requirements Each Contractor must adopt affirnnot|ma marketing procedures and requirements for projects containinfive rmore housing units funded with COBGand/or HOME funds. Affirmative marketing steps consist nfactions tm provide information and otherwise attract eligible persons from all ranio|, ethn|o, and gender 'groups in the housing market area to the available housing. (The affirmative marketing procedures do not apply to families with housing assistance provided bythe Public Housing Authority orfamilies with tenant booed rental assistance provided with HOME funds.)The County shall annually assess the Contractor's affirmative marketing program todetermine the success ofaffirmative marketing actions and any necessary corrective actions. B. The affirmative marketing requirements and procedures adopted must include: 1. Methods for informing the public, owners, and potential tenants about federal fair housing laws and the use ofthe Equal Housing Opportunity |ogotvpeors|ogmnin press ro|eoaeo and solicitations for ovvner8, and vvhtban communication to fair housing and other groups; 2. Requirements and practices the Contractor must adhere to in order to carry out the participating jurisdiction's affirmative marketing procedures and requirement ., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype Vrslogan, and display offair housing pnotoh; City of Tukwila Page 35 of 41 cmaContract —6065103 113 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF 3. Procedures to be used by the Contractor toinform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g.,use Vfcommunity organizations, language interpreters, places of worship, employment centers, fair housing groups, or housing counseling agenciau); 4. Records must bokept describing actions taken by the Contractor to affirmatively market units and records tnassess the result of these actions; and 5. Adescription ofhow the Contractor shall assess the success ofaffirmative marketing actions and what corrective actions will be'taken where affirmative marketing requirements are not met. XXXU|. ACCESSIBILITY FOR CAPITAL PROJECTS Any buildings prother facilities designed, constructed, oraltered with federal funds pursuant tothis Contract are subject to the requirements of the Architectural Barriers Act of1968 (42 USC 4151 - 4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 for residential structures, and Appendix A to 41 CFRperta 101-18and subpart 1O1'1B.0for general type bUi|ding).When applicable, certain multi- family hpuo|ngunitodasignodendonnotruntedforf|retoucUponcyafterW1anch13.1SS1. with assistance provided under this Contract must comply with the Fair Housing Accessibility Guidelines, 24 CFR Part 100 as amended. XXX|V. LABOR STANDARDS"�� Agencies receiving a CDBG and/or HOME award shall comply with Subsections A and C below. A. Davis -Bacon Requirements For projects ossistedvvithC[}BGfuodo,tbioSuboectionmhaUnctappbt000nutnuct|on or rehabilitation of residential property consisting of fewer than eight units. For projects assisted with HOME funds, this Subsection shall not apply to rehabilitation of rental property consisting offewer than twelve units. All construction work funded in whole or in part under this Contract must be performed |naccordance with the Davis -Bacon Act, aoamended (4OUGCsections 27O(n)' 278/al(5)).thaCopa|and"And-Kickbock'Act.aoanlendad(40UE;C 276(o)\and the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as further pre- scribed sd20 CFR Parts 1, 3, 5, Gaod 7.The Contractor will follow all Davis Bacon documentation requirements and regularly submit required documentation to the County shall maintain records sufficient to evidence compliance with this section and shall make such records available for the Cnunty'nreview upon request. A copy of the current Davis -Bacon wages must be included in all construction bid specifications, contracts, and/or subcontracts over $2,000, except where the project includes acopy Ofapplicable state prevailing wages that are higher than current Davis - Bacon wages. Agencies receiving an award of local funds (HC)F. RAHP. HB 2531. Veterans and Human Services Levy or M|ODfunds) orfederal funds that donot trigger Davis -Bacon shall comply with Subsections Band Cbelow: City of Tukwila 114 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF B. Prevailing Wages Projects that are not subject to Section A above, shall pState residential prevailing wage rates as m minimum. Projects that are subject to State prevailing wage requirements of chapter 30.12RCVVshall pay prevailing wages atorabove the applicable State classification rate. The Contractor shall provide annual certification to the County of its compliance with the requirements of this section. The Contractor shall additionally maintain records sufficient 10evidence compliance with this section and shall make such records available for the County'oreview upon request. C. Use of Volunteers The Contractor shall obtain the written approval ofthe County prior tnallowing any volunteers to perform construction work on a project assisted under this Contract. XXXV. EMPLOYMENT OPPORTUNITIES CJN ASSISTED CONSTRUCTIONPROJECTS A. Section 3 Requirements The work to be performed under this Contract may be subject to the requirements of Section the i and Urban Development Act of 1968amended, 12U8C 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income peraons, particularly persons who are recipients of HUD assistance for housing. B. Section 3Criterio for Capital Projects Aoaetf0rthintheMCDP|an,Geotion3rogu|aUonsfoundot24CFRG135.38opp|ytu all Project/Program Exhibits which meet all three ofthe following criteria: 1. The Project/Program Exhibitnluot|nduda$2OO.QO0ormore intotal HUD funds from one ormore program years; 2. The Project/Program Exhibit must include construction or rehabilitation work as a task that will bofunded |Afull nriOpart with the HUD funds; and 3. The construction or rehabilitation work that will be funded must have a contract value, which exceeds $1O0/)0Q.Actual contract value ofconstruction or rehabilitation work is the determining factor, not cost estimate. Add|tinno||y. Section 3 regulations are applicable to Project/Program Exhibit(s), which do not initially meet the above criteria but which are amended so as to add funds or change the activities for which the funds are used. Section 3 regulations dunot apply toprojects thmtinc|ude$2O0.QOUornloroinHUOfundsvvhenthe funds are being used for acquisition and/or professional services only and not for construction nrrehabilitation work. City of Tukwila 115 000uGignEnvelope ID: oonzA51n-41Ar-4nan-9nsn'Eoor2oA7*onF XXXVI. NO BENEFIT TQOWNERS AND DEVELOPERS OF ASSISTED HOUSING No Contractor, developer or sponsor (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for profit or nonprofit (including a Community Housing Development Organization when acting as an ovvnar, developer or sponsor) may occupy aCOBG, HOME, H(JF, RAHP, HB2331. Veterans and Human Gon/|oeo Levy. _ K8iODnrCX-asa/stgdaffordable housing unit |n8project. ThiapnoV|siVndoaanntapp|yto anowner-occupant ofsingle family housing ortoonemployee oragent ofthe owner or developer of nanto| housing project who occupies a {J[>BG. H{JKDE. HOF, RAHP, HB 2331.Veterans and Human Services Levy orCX-assistadunit 8nthe project manageror maintenance worker. XXXVIi SUPPLANTING Any federal COBGorHomeless Housing and Services 1O3)Funds made available under this Contract to provide public (human) services shall not be utilized by the Contractor to reduce orreplace the local financial support currently being provided tnpublic (hummn) service programs. Homeless Housing and Services funds cannot be used in the place of existing housing operations orservices funds. XXXV|U. DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL REQUIREMENTS A. Drug -Free The Contractor certifies that it is in compliance with the Drug -Free Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 CFR part 24, subpart F. B. Other Federal Requirements The absence of mention in this Contract nfany other federal requirements that apply to the award and/or expenditure ofthe federal funds made available bvthis Contract |s not intended to indicate that those federal requirements are not applicable to Contractor activities. The Contractor shall comply with all other federal requirements relating tothe expenditure offederal funds, including but not limited to, the Hatch Act (5 U8{}. Chapter 15) regarding political activities. XXXIX. CONSTITUTIONAL PROHIBITION In accordance with the First Amendment of the United States Constitution, Article 1, Section 11 ofthe Washington 8tataConmtituUon.andnepenaUonofckuruhandstadeprimcip|ea.oao general rule, funds received under this Contract may not be used for religious activities. Except where otherwise allowed by federal law, the following restrictions and limitations apply tothe use ofC[}BGand HOME funds: A. A Contractor may not engage in inherently na||g|nus activities, such as vvnrohip, religious instruction orprooe|ytization.aopart of'the assistance funded under this Contract. If the Contractor conducts religious activities, the activities must be offered separately, in time and location, from the assistance funded under this Contract, and participation must bevoluntary for the beneficiaries ofthe assistance; B. In performing under this Contract, the Contractor mhe|| not discriminate against o program beneficiary or prospective program beneficiary on the basis of religion or religious belief; and C. CDBGand HOME funds may be used to rehabilitate or construct facilities and housing City of TukMi a 116 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF for conducting eligible activitiesnonaistentvvith24CFR§57U.20O.24CFF|§82.257. and 24CFRG57G.23. XL PROMISSORY NOTE, DEED OF TRUST AND COVENANT The Contractor agrees that funding provided under this Contract for the acquisition, nonStruoUon, improvement and/or pehob|Utadklo of real property (Premises) owned by the Contractor is a loan from the County to the Contractor. The Contractor agrees to promptly execute a promissory note, deed of trust and covenant (if applicable), in a format approved by the County. if required in o Project/Program Exhibit. The Contractor agrees that for real property, which is leased by the Contractor and assisted under this Contract, the Contractor shall obtain a covenant from the owner of the real property in a form approved by the CVunty, if required in any Project/Program Exhibit. XLi ANT|-[USPLACEMENT AND RELOCATION ASSISTANCE FOR CAPITAL PROJECTS The Contractor shall at all times comply with all applicable federal, state, and local laws, atatutao, nu|ga and regulations relating to relocation of those persons and households residing at the Premises prior to occupancy by tenants. The Contractor shall be solely responsible for the cost ofall relocation benefits required by law. Capital Projects using federal funds shall also comply with the following subsection. A. Local Funds Only -Local Relocation Guide|ineo Projects that include or will include only local couVeterans and Human Services Levy, RAHP.2331.Mental Health, orH|PODDevelopmental Disabilities Funds) for the acquisition, demolition, and orrehabilitation of propertythat has existing residential tenants who may be displaced shall provide relocation benefits to all displaced households. Effective October 1. 2014, the benefit amount ^for each displaced household will be $2,933 per household-, provided that, if the Joint Recommendations Committee (JFlC)ofthe King County Consortium adjuststhe benefit amount in accordance with King County Consortium Supplemental Relocation Guidelines based on changes in the consumer price index, the increased benefit amount shall apply. All tenants selected for relocation shall bagiven formal notification regarding the need Lorelocate with a minimum ofQ0 � s' notice ofthe date they must re|ocate, along with information about why they were selected. Consideration of longer notice period may be required if the tenant demonstrates a special circumstance (for instance, health reasons) which vvou|U be alleviated by extending the notice period. /\list of all displaced houaeho|ds, including nonle, unit nunlbel, household size, ethnicity,and monthly gross income shall beprovided tothe King County Relocation Specialist along with documentation of all the payments made to displaced tenants. All relocation costs shall beincluded inthe project devsdopnnentbudget. B. Federal Acquisition and Relocation Requirements: Implementation 0fany project providedforklU1ioC0ntnactviUUmundnrtokensnnoto minimize involuntary displacement ofperanns.buo|nessae.nonprofitQ[ganizoUono.or farms tothe greatest extent feasible. The Contractor shall comply with the following: 1. Any acquisition of real property by the Contractor for any activity assisted under this Contract shall comply with the Uniform Relocation Act and 49 CFR Part 24; City of TukWla Page xovf41 2018Cnntrar _6065103 117 DocuSign Envelope ID: 3CO2A510-41A7-40B8-96E1-E0C720A745DF 2. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the result of acquisition of real property assisted under this Contract shall comply with the Uniform Relocation Act, at 24 CFR Part 42 and 49 CFR Part 24 as amended, and the County's Residential Anti -displacement and Relocation Assistance Plan required by federal regulations at 24 CFR § 570.606(c), and adopted by the County Council as part of the HCD Plan. The Contractor shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by the King County Residential Anti -displacement and Relocation Assistance Plan; and 3. When any lower -income dwelling units are demolished or converted to a use other than a lower -income dwelling unit, in connection with an activity assisted under this Contract with federal funds, the units must be replaced on a one -for -one basis. Lower -income dwelling units are defined as a dwelling unit with a market rent (including utility costs) that does not exceed the applicable Fair Market Rent for existing housing as established by HUD and published annually, pursuant to 24 CFR Part 888. The Contractor must comply with the one -for -one replacement of housing requirements of Section 104(d) of the HCD Act, as amended. The implementing regulations are found at 24 CFR Part 42 and for CDBG funds at 24 CFR § 570.606. XLII. PROPERTY MANAGEMENT FOR CAPITAL PROJECTS The Contractor shall engage in sound property and program management practices and at all times operate and maintain the Premises in a manner which fully complies with all applicable federal, state, and local laws, statutes, rules and regulations covering health and safety issues in order to provide decent, safe and sanitary housing, as now in effect or as may be hereafter amended. The Contractor specifically agrees to comply and pay all costs associated with achieving such compliance without any notice of requirement or requirements from the County, and that the County does not waive this section by giving notice of demand for compliance in any instance. The Contractor shall throughout the term of this Contract, without cost or expense to the County, keep and maintain the Premises and all improvements, landscaping, fixtures and equipment which may now or hereafter exist thereon, in a neat, clean and sanitary condition, and shall, except for reasonable wear and tear, at all times preserve the Premises in good and safe repair. If, after 30 days' notice from the County, the Contractor fails to maintain or repair any part of the Premises or any improvement, landscaping, fixtures or equipment thereon, the County may, but shall not be obligated to, enter upon Premises and perform such maintenance or repair and the Contractor agrees to pay the costs thereof to the County upon receipt of a written demand. XLIII. TAXES AND LICENSES The Contractor shall pay throughout the term of this Contract, all applicable taxes, and all licenses and excise fees covering the ownership and operations of the Premises. XLIV. PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION FOR CAPITAL PROJECTS A. In the event that all or any portion of the Premises is taken or conveyed as a result of any condemnation proceeding or damaged as a result of any casualty, the County and the Contractor agree that the proceeds of any condemnation or casualty affecting the City of Tukwila 118 Page 40 of 41 2018 Contract 6065103 omcuSgnEnvelope ID: uCooxo1**lA7-4Voo-9oE1-EOc7uoA745oF Premises shall bemade available for the repair orrestoration of the real property if the County and the Contractor |ntheir reasonable judgment agree that: 1. Repair or restoration of the real property is feasible and that sufficient funds are available to complete such work; 2. After the completion of work, feasibly within the restrictions and requirements of the Project/Program Exhibit; and 3. More than two years remain after the completion ofthe work until the end ofthis B. The County and the Contractor shall meet as necessary to discuss in good faith the rebuilding or repair of the real property and reach o decision with respect thereto within OOdays after the occurrence pfthe casualty orcondemnation. |fthe parties cannot in good faith agree to repair or restore the real property as provided above, then any proceeds ofthe casualty orcondemnation, within 8Odays 0fdemand, shall bgpaid first to satisfy the County's lien. The balance of the proceeds shall be paid to the Contractor. IN VV|TNE88 HEREQF, the parties hereto have uoed this contract to be executed and instituted on the date above written. KING COUNTY: King County Executive CITY OF TUKWILA: Signature Date Name (Please type or print) Approved bxOCMGDirector Approved astoForm: OFFICE {}FTHE KING COUNTY PROSECUTING ATTORNEY City nfTukwila Page 41mr41 eomContract -60mo1oo 119 120 cities 28-Dec-18 King County Dept. of Community & Human Services Attn: 401 Fifth ave Suite 510 Seattle, WA 98104 Cert#: 11860 RE: City of Tukwila 2019 Community Development Block Grant for Minor Home Repair Program Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool. of over 155 public entities in the State of Washington. Tukwila, VIA 981.38 Phone: 206-575-6046 Fox: 206-575-7426 WCIA has at least 84 million per occurrence limit of liability coverage in its self - insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. Liability coverage includes general liability, automobile liability, stop -gap coverage, errors or omissions liability, employee benefits liability and employment practices liability coverage. WCIA was created by an interlocal agreement among public entities and liability is self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an additional insured. Sincerely, Rob Roscoe Deputy Director cc: Peggy McCarthy cletter 121 122 oonu8ignEnvelope ID: oCnzAo1n-41Ar-4nBa-96E1-EOC7cnAr4noF EXHIBIT U CITY OFTUhW1LA TUKWILA CONSORTIUM MINOR HOME REPAIR PROGRAM(C18623) Contract No.:OO65103 Project No.: C18623-1127781 N]mg County Project Manager: KothvTremper Agency Contact Person: Stacy Hansen Start Date: December 1. 2018 Telephone: 206-433-7180 End Date: November 15, 2019 Email: stacy.hansen@tukwilawa.gov i WORK STATEMENT The City ofTukwila (hereinafter referred t000"the Contraotor")agrees toprovide funds to repair the existing stock ofhomes owned bxlow- tomoderate-income households |nthe South King County nonnnnun|t|nn of Covington. Oon Moines, 8eoTao. and Tukvv|a, as described in this Exhibit beginning on December 1, 2018, and completing these services by November 15, 2019. All such activities shall be provided in a manner which fully complies with all applicable fedena|, state and local |8ws, atetutes, rules and reOu|atione, as are now in effect or hereafter may be amended. The total amount of reimbursement pursuant to this Exhibit shall not exceed $90,000 in King County Community Development Block Grant (CDBG) funds. 11. PROGRAM DESCRIPTION The preservation of the housing of low- to moderate -income home owners through the provision of funds to repair the existing stock of homes owned by low- to moderate -income A. Indicators The number ofunduplicated households who receive minor housing repair aos|oLenma in the communities of Covington, Des Moines, SeaTac, and Tukwila. B. EUoUbi|dv 1. Eligible clients shall have onannual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the following 2017United States Housing _and Urban Development UC0Income Guidelines Table. Clients may self -certify in writing that their family income does not exceed the applicable limit. 2O1OHUD INCOME GUIDELINES Median Family Income =$YD3,4D0 Effective June 1'2O18 30%K8EDW\N 50%K8GDIAN 80%K8EDIAN FAMILY VERY LOW' MODERATE - SIZE LOW|NCOME INCOME INCOME 1 $32.500 s37.450 $56,200 2 $25700 $42,800 $04200 3 $28.900 848,150 $72.250 4 $32.100 $53.500 $80.250 5 $34,700 $57.800 $86.700 G $37.250 $62,100 $93.100 7 $39.850 $88.350 $99.550 8 $42.400 $70.650 $105.950 City of Tukwila Page 1of7 123 oonvoignEnvelope ID: acnzxo1p*lA7-4VBo-9osl'EoCruoA7400F 2. The definition offamily shall include all persons living |nthe same household who are related bvbirth, marriage uradoption and includes dependent children living away from home. The definition of income includes all sources of income required tobereported onInternal Revenue Service Form 1U4O. 3' Income guidelines may be adjusted periodically by HUD. The Contractor agrees touse updated income guidelines that shall heprovided bvthe County. The County shall provide the updated guidelines to the Contractor electronically or bvhard copy. 4. Services provided with funding under this Exhibit may be limited to residents of Covington, Des Moines, SeaTac, and Tukwila. 5. Services shall baprovided onafirst come, first served basis with safety and health issues prioritized. 8. Eligible clients must have lived in their home for mt least one year. C. Definitions 1. Disabled person is an adult who has severe disabilities based on the Bureau of the Census definition. 2. Elderly person is an individual years or older. 3. Emergency repair includes activities that protect,repair cvarrest the effects of disasters, imminent threats or physical deterioration that pose an imminent danger to |ife, health or safety. 4. Routine maintenance includes activities that merely keep a structure in good operating condition; such activities do not add to the value of the structure, appreciably prolong its useful life, or adapt it to new uses. 5. Unit ofservice ksa minor home repair, measured bvunique ` job or repairhnurs that is undertaken inaclient's home. O. Program Requirements The Contractor shall use CDBG funds to provide minor home repair services for low - and moderate -income homeowners in the cities ofCovington, Des N1oinma. 8eoTec. and Tukwila. Funds shall be focused on maintaining the safety and health of the ocnuponts, preserving the dwelling and/or conserving energy. These activities may include, but are not limited to: earthquake prepanadness, replacing broken ovvitCheo. sockets, light fixtures, repairing heat sources, repairing gutters and downspouts, replacing or repairing feuceto, toi|eto, o|nks, dra|no, broken or leaky pipes and repairing cn|nVr roof leaks. City of Tukwila 124 onnuaignEnvelope ID: uonuas10-41A7-4oeo-9ssl-Eno7uoAr4xoF The Contractor agrees to serve, at minimum, the following unduplicated number of households served under this Exhibit: Number ofunduplicated households in: Dec 2018 Jan. -Mar. 2010 Apr. -Jun. 2019 Jul. -Sep. 2013 Oct. -Nov. 2019 Total 2018/2019 Tuhyvi|e O 3 4 3 3 13 SeoTon 0 3 3 3 3 12 Des Moines O 3 3 ' 3 12 Covington U 3 4 3 3 13 Cumulative: O 12 14 12 12 60 2. The Contractor agrees to provide, at minimum, the following cumulative hours of service: Minor Home Repair Hours in: Dec 2018 Jmn'Mar. 2010 2019 . Jul. -Sep. 2019 OoL'Nnv. 2018 Total 20102019 Tukwila 0 8 D O 8 32 x� SeeTau ° � ^"~� ' O`` ^~°°O -~ ~y/ °�U ~� �U -'~� 7 31 Des Moines 0 8 8 8 7 31 Covington O 8 8 8 O 32 Cumulative: O 32 32 32 30 126 The funds provided under this Exhibit shall beused topay for the costs associated with the provision of these units of service. 3. Environmental Review Records a. Minor Home Repair HR\city staff shall complete, signand submit o Tier 3Site Specific ER Review Request Form, and Lead Based Paint /LBF1Checklist osapplicable, for every individual job. Work may not start until HCO staff has replied with ER approval and notice -to -proceed b. The HCOERSpecialist (or alternate HCDstaff) will review the Tier 3 Request, Based Vnthe detailed job description, @ determination will be made ootowhether the 'job ka"neintenance'or"rahabihtation" Once the Checklist iscompleted, the CID Coordinator will review and sign off. The HCDERSpecialist will then transmit the completed ERrecord tothe City with the official determination asonattachment along with notice -to - proceed language embedded in the in body of the approval email. Ifany mitigation karequired, itwill banoted inthe ERrecord and inthe email transmittal. The email transmittal is considered the 'electronic City of Tukvvila Page 3of7 201eContract o065103 - Exhn 125 oncuSignEnvelope ID: 3co2A510-41x7-4no8-96s1-Eno72ox745or signature' bvthe transmitting party for purposes ufmoving the process |fthe work contractor finds there iamore work tobecompleted, |ewill contact the City first and then the HCQER Specialist tohave the additional tasks noted and reviewed onthe ERRecord. City staff will to advise the HCDERSpecialist via e-mail ofapproval inchange cf scope forthe obligation. If additional work changes the 'maintenance' determination to 'r8habi|itotiVn', no work will be COnlp|8ted until a full ER review has been completed and onew Notice toProceed issued. 4. Lead -Based Paint (LBP) Requirements m. The Contractor shall complete the HCOSupplementary Lead Based Paint Checklist for all repairs onhouses built prior to1S78and submit copies toHCOProject &1enagera|ongYviththeTkar5ERCheck||nt`es b. The Contractor shall procure eneutral third party lead based paint certified contractor hired specifically tnassess LBpthreshold determinations (with the exception ofthose re -occurring activities that have been pre -determined to not disturb paint). The sub-contractor(s) hall not complete the LBP work on homesthey have assessed and shall refer his/her determinations back to the Contractor tocoordinate all LBPhousing repairs and clearance through King County HCD Staff. C. The Contractor shall monitor job completion and LBPclearance of housing units per Housing Repair LBPstandards aoset forth inthe Minor Home Repair.ProgrornLead Based Paint Requirements and rr000ao, d. |foproject repair area iaover denninimusand has children under the age ofsix residing |nthe house, and isover $5,DOOinrepair value, the project shall be referred to King CounHousing Repair Program bv MHRStaff for assessment and completion. i |nthese instances, ifthe City makes 'the referral and desires b> continue funding the repair aeagrant, it'will beresponsible for all additional costs associated with addressing the repairs andtheLBP. The Housing Repair Program will bill the MMRProgram for the project in an amount adequate to cover all costs associated with the repair and LBP activity. If the W1HR Program runs out of funds available for grant transfer referrals, the referrals will baassessed for the traditional non -amortizing loan program through the Consortium's Housing Repair Program, ifdesired bvthe client through normal channels ofintake, and general HRPprocess. ||. The estimated H{}Ocost associated with LBPreview, teoting, determination and clearance has been determined tobenoless than $5OUtocover associated travel and HRPstaff time, but will be City of Tukwila Page 4 of 7 2018 Contract 6065103 - Exh I I 126 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF itemized per project, Multiple tests might Lenecessary tocomplete clearance of a project e, Lead Based Paint Records The Contractor shall maintain records documenting compliance with Regulations for Lead -Based Paint Poisoning Prevention inCertain Residential Structures at24Code ofFederal Regulations (CFR)Part D5. Such records shall include, for each housing unit assisted under this Contract: i Records evidencing that the housing repair was exempt pursuant ho ii. Records evidencing that the scope ofthe housing repair work did not exceed the derninirnuscriteria et 24CFRPart 35.135Ok8and that the Contractor provided the required pamphlet b)the occupants of the housing unit pursuant to24[>FRPart 35.91O(b);or iii Records evidencing that the housing repair work was completed in accordance with the procedures specified in24CFRPart 35 Subpart J including provision ofrequired notices, and performance .` `-.of evahJatkon andclearances.~"''� 5. Subcontracted Services c. |naddition tothe requirements ofSection XV|.ofthe Contract, the Contractor shall execute written agreements with each Contractor with which itsubcontracts hnprovide services (hereinafter "Implementing Aganoy^)and shall incorporate into such subcontracts the provisions in Section ||.[J.. Program Requirements, of this Exhibit. b. The Contractor shall invoice the `County for due and payable invoices of the Implementing Agency or for costs paid by the Contractor for goods, materials orservices already provided. The Contractor shall invoice the County after the Implementing Agency has invoiced the Contractor. The Contractor shall include n copy of the Implementing Agency's invoice with its invoice submitted tnthe County. The Contractor shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with Office of Management and Budget 2Code ofFederal Regulations (CFR)2J0or2{}FR225.as C. The Contractor shall monitor all subcontracted services onmregular basis hnassure contract compliance. Results Vfmonitoring efforts shall basummarized inwritten reports and supported with documented evidence offollow-up actions taken tocorrect areas ofnoncompliance. 6. Copyright If this Contract results in any copyrightable material, King County reserves the ' right to nonexclusive and irrevocable license tnreproduce, publish orotherwise use and toauthorize others tDuse, the work for governmental purposes. City of Tukwila Page of 2018 Contract 6065103'Exh11 127 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF 7. Public Information All marketing materials, news releases and other public notices related to projects funded under this Agreement shall include information identifying the source offunds enthe King County Community Development Block Grant |U. COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall apply the following CDBG funds in accordance with the Line Item Budget below. The total amount of reimbursement pursuant to this Exhibit shall not excaed$SO.00O. 1. CDBGFunds King County COBGFundo-South $90.000 B48'UC'53-0001 Total CQ8GFunds: $90,000 2. Line Item Budget Capital Outlay (Construction Contracts) Total CIDBG Funds: B. Billing Invoice Package 1. The Contractor shall submit eBilling Invoice Package(B|F) every three months that onno|nts of an invoice statement and other reporting requirements aostated in Section I\(, REPORTING REQUIREMENTS, of this Exhibit in aforn1at approved bythe County. All required reports shall accompany the invoice statement in order to receive payment. 2. All required reports must accompany the invoice statement in order to receive payment. The Contractor shall submit invoices tothe County inthe form nfa COBGProgram Voucher Reimbursement Request form. Such forms shall be signed byanauthorized representative ofthe Contractor and shall be accompanied bvcopies ofsupporting documents. 3. The BIP is due within 20 working days after the end of the three month term. zi The final 2O1Ovoucher and reports shall besubmitted nnlater than November 15,2019. C. Method of Payment 1. The County shall reimburse the Contractor onmquarterly basis for actual expenditures inaccordance with the Line Item Budget |OSection ||[.A` 2. Payment to the Contractor may be withheld for any quarter in which the Contractor has not submitted the reports specified in Section |V.. REPORTING REQUIREMENTS, of this Exhibit, or in which said reports are incomplete. City mTukvvri|a Page nm7 om000ntruct 6065103 Exhn 128 oonvGignEnvelope ID: 000uAoo-41Ar-4oao-96s1-EoCruoA7400F 3. The Contractor shalladvise the County quarterlyof any changes in revenues from sources other than the County that are used to provide the services funded under this Exhibit. The Contractor agrees to re -negotiate performance requirements if the County determines that such changes are substantial. IV. REPORTING REQUIREMENTS The Contractor shall submit electronically the following data reports inoformat and 0uan address provided Uythe County. A. The Contractor shall maintain completed Environmental Review Forms from the King County Environmental Review Specialist, and place a photocopy with client's applications for repairs in the Contractor's Minor Home Repair Program file. B. The Contractor shall submit with each invoice acompleted Project Activ|tVReport Fornn, in format provided Uythe County. Each Project Activity Report shall include o narrative with an explanation if actual services are less than 90 percent of the cumulative minimum service requirements as stated in Section ||. D.1. of this Exhibit. C. The Contractor shall use the following methods tomeasure the indicator specified in Section U.O. .cfth1sExh|b��Nunlbgrnf undup|�gtedhou�aho�aoonxad. - - ` -- ^-- - ~' ~— O. The Contractor submit with the final invoice 1a completed\Project Funding Report form itemizing all funding used for the project,inaformat provided bythe County. City of Tukwila Page 7 of 7 2018 Contract 6065103 - Exh 11 129 130 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes January29, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Verna Seal Staff: David Cline, Brandon Miles, Stacy Hansen, Jack Pace, Ryan Larson, Laurel Humphrey Guests: Jeff Bauknecht & Robin Webster, Museum of Flight; Lisa Schwartz, Seattle Southside Regional Tourism Authority CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. 2018 Minor Home Repair Program Contract Staff is seeking Council approval for the Mayor to sign a contract with King County for the receipt of $90,000 in Community Development Block Grant funds for the 2018 Minor Home Repair Program. This program is administered by Tukwila Human Services and provides home repair services to low and moderate income homeowners. Tukwila serves as the fiscal agent for the contract which also includes Des Moines, Covington and SeaTac. In 2018 the program served 56 unduplicated households representing 75.50 hours of repairs. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. B. Applications for Lodging Tax Funds Staff is seeking Council approval of four applications for lodging tax funds as recommended by the Lodging Tax Advisory Committee: • Seattle Southside Regional Tourism Authority: $202,500 for 2019 and $202,500 for 2020 to support tourism promotion, marketing and sales activities • Museum of Flight: $100,000 to support marketing and events for the Smithsonian's traveling exhibit, "Destination Moon - The Apollo 11 Mission." • City of Tukwila: $127,045 for administrative costs associated with the lodging tax fund including .5 FTE and for a small grants program. • Starfire Sports: $44,500 to support the promotion and facilitation of leagues, events, and tournaments. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. 131 132 UNC L A GE A PSIS Initials Meeting Date Prepared by Mayor's review Council review 02/04/19 BJM ITEM INFORMATION ITEM No. 4.H. STAFF SPONSOR: B. MILES ORIGINAL AGENDA DATE: 2/4/19 AGENDA ITEM TITLE Approval of lodging tax funding request from Authority (SSRTA), Museum of Flight, City of Seattle Southside Tukwila, and Regional Starfire Sports. Tourism CATEGORY E Discussion Mtg Date C Motion Date 2/4/19 I Resolution I Ordinance E Bid Award Mtg Date I Public Hearing 1111 Other Mtg Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR [Council CMgyor IHR IIDCD EFinance EFire ITS OP&R • Police IPl.V OCourt SPONSOR'S The LTAC has forwarded applications from SSRTA, Museum of Flight, City of Tukwila, and SUMMARY Starfire Sports for 2019 LTAC funding. The total funds requested is $676,545. The funds will be used to support tourist promotion activities for the City. REVIEWED BY 111 C.O.W. Mtg. E Trans &Infrastructure DATE: 1/29/19 0 CDN Comm E Finance Comm. E Public Safety Comm, Comm. El Planning Comm, CHAIR: QUINN Arts Comm. I Parks COMMIIIEE RECOMMENDATIONS: SPONSOR/ADMIN. Commi Mayor's Office/ Economic Development I -I EE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $676,545 $840,000 $N/A Fund Source: 101 FUND, LODGING TAX Comments: State Law limits the use of these funds for tourism promotion. SSRTA is a two year request. MTG. DATE RECORD OF COUNCIL ACTION 02/04/19 MTG. DATE ATTACHMENTS o2/o4/1.9 Informational Memorandum dated 1/23/19 SSRTA Application and Materials Museum of Flight Application and Materials City of Tukwila Application and Materials S a re Sports Application and Materials Minutes from the CDN Committee meeting of 1/29/19 133 134 ity of Tu ila Allan Ekberg, Mayor I F TI L TO: Community Development and Neighborhoods FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: January 23, 2019 SUBJECT: 2019 Lodging Tax Funding Requests ISSUE Approval of lodging tax funding request from Seattle Southside Regional Tourism Authority (SSRTA), Museum of Flight, City of Tukwila, and Starfire Sports. BACKGROUND The City collects a 1% lodging tax on certain qualifying overnight stays in paid accommodations (hotels/motels/Airbnb) in the City. State law limits the use of these funds to tourism promotion'. There is currently just over $1 million in lodging tax funds available for use. The City's Lodging Tax Advisory Committee (LTAC) reviews all requests, even by the City, for use of lodging tax funds. LTAC then forwards a list of recommended applications to the City Council for its review and consideration. If LTAC does not recommend an application be funded, that application is not forwarded to the City Council. The City Council may approve or deny any of the applications recommended by the LTAC. The City Council may also approve an application and increase or decrease the dollar amount awarded'. The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly. All the requests attached were reviewed by the LTAC at either its November or January meetings. RCW 67.28.080 (6) defines "tourism promotion" as "...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." On August 17, 2016, the Washington State Attorney General's Office issued an informal opinion regarding whether a municipality could change the dollar amounts recommended by the local lodging tax advisory committee. Specifically, the informal opinion states: "When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts different from the local lodging tax advisory committee's recommended amounts, but only after satisfying the procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed change to the advisory committee for review and comment at least forty-five days before final action on the proposal." 135 INFORMATIONAL MEMO Page 2 Pending Applications The LTAC has forwarded applications from SSRTA, Museum of Flight, City of Tukwila, and Starfire Sports for 2019 LTAC funding. The total funds requested is $676,545. Funding requests are reviewed on a rolling basis so additional funding requests could be submitted to the City. 1. Seattle Southside Regional Tourism Authority ($202,500 2019 and $202,500 2020). SSRTA has requested $405,000 over two years to support tourism promotion, marketing and sales activities. SSRTA jointly markets the Cities of Tukwila, SeaTac, and Des Moines under the "Seattle Southside" brand. SSRTA is responsible for tourism promotion outside the 50-mile radius of the City and is the City's primary Destination Management Organization (DMO). SSRTA provides a valuable service to the City by helping to drive "heads in beds" to local hotels. The funds provided will help support basic operations and activities at SSRTA. The exact funds requested are consistent with the interlocal agreement (ILA) with the cities listed above that created the Tourism Promotion Area for the cities. Under that ILA the cities outlined a recommended funding allocation for lodging tax funds to SSRTA. LTAC reviewed the request at its November 20, 2018 meeting and recommends providing funding as requested. 2. Museum of Flight, Destination Moon, ($100,000) Museum of Flight, a non-profit, is recognized as one of the premier aviation and space museums in the world. The Museum is home to over 150 air and space craft spanning all genres and time periods. Over the last year the Museum has averaged just over 630,000 visitors. Funding for 2019 is requested to support marketing and event activities for the Smithsonian's traveling exhibit "Destination Moon - The Apollo 11 Mission." The Apollo 11 command module Columbia —the only portion of the historic spacecraft to complete the first moon -landing and safely return to Earth —along with more than 20 other mission artifacts will be exhibited at The Museum of Flight from April 13 — September 2, 2019, including the 501h anniversary of the Moon landing — July 20. This iconic capsule left the Smithsonian's National Air and Space Museum for the first time in 46 years, in April 2018, for a two-year traveling exhibition. This exhibit will be in Tukwila on the 50th Anniversary of Neil Armstrong's famous first step. The Museum of Flight is one of only four stops for Destination Moon during its national tour, and the only West Coast destination —of the tour. This event is expected to attract visitors from the entire west coast and across the country. LTAC reviewed the request at its January 22, 2019 meeting and recommends providing funding as requested. 3. City of Tukwila ($127,045) The City of Tukwila is requesting funding for administrative costs associated with the lodging tax fund. This is a regular funding request staff makes to support marketing efforts for the City. Funds are requested for training, travel, professional services, indirect cost reimbursement, and 136 membership to several business and tourism organizations. These opportunities are available to INFORMATIONAL MEMO Page 3 all elected officials, employees and LTAC members if applicable. Staff is requesting additional funds for professional services to create and print collateral reflecting the adopted City's tourist brand. Funds are also being requested to support .5 FTE within economic development. This is not a new position. Staff costs for the existing Business Relations Manager position will be split 50/50 between lodging tax and the general fund. Also, funds have been allocated to a small grants program that staff can administrator for small activities within the City. The goal is to help build the overall tourism environment of the City with these funds. LTAC did remove a request from the application for the City to develop website and social media. This amount was for $100,000. This will be reviewed under a separate application. LTAC reviewed the request at its January 22, 2019 meeting and recommends providing funding as requested. 4. Starfire Sports ($44,500) Starfire Sports, a non-profit entity, has grown into one of the premier soccer complexes in the United States. Over 1.3 million people visit the complex annually to take part in soccer tournaments; play in indoor and outdoor soccer leagues; to engage in sport specific training, soccer viewing, and attending professional soccer matches. Starfire is also the training home of the Seattle Sounders FC, which play in the Western Conference of Major League Soccer. Opening in 2003, Starfire Sports complex has 12 outdoor fields and two indoor fields. The complex is located at Fort Dent Park, which is owned by the City of Tukwila. Also located at the Park is a small children's play area and regional trail system. The City has maintenance reasonability for the play area, trails, and parking area. Starfire Sports regularly hosts multiday, weekend soccer tournaments, which brings in soccer teams from throughout North America. Teams stay in hotels throughout the Seattle Southside region, with a 70/30 split between Tukwila and SeaTac hotels. Players and their families can also be seen throughout Tukwila, at Westfield Southcenter, the Family Fun Center, and area restaurants. Besides soccer, Starfire Sports has been used to host a variety of other sports and activities, including rugby, lacrosse, and quidditch. Starfire Sports is requesting 2019 lodging tax funds to assist in the promotion and facilitation of leagues, events, and tournaments. The goal is to attract visitors to create 10,000 hotel room nights and bring 1.3 million annual visitors (not unique) to the complex and Tukwila. Starfire will promote its events through email and online marketing, with regional soccer organizations and social media. LTAC reviewed the request at its January 22, 2019 meeting and recommends providing funding as requested. FINANCIAL IMPACT The total amount of funding requested from the lodging tax fund is $676,545. As discussed above, the City has budgeted the collection of $755,000 in lodging tax revenue in 2018. 137 INFORMATIONAL MEMO Page 4 RECOMMENDATION Staff recommends that the City Council approve the funding request, as recommended by LTAC. Staff suggests that the application be placed on the February 4 consent agenda. ATTACHMENTS A. SSRTA Application and Materials. B. Museum of Flight Application and Materials. C. City of Tukwila Application and Materials. D. Starfire Sports Application and Materials. 138 Staff Memorandum Lodging Tax Funding Request Name of Applicant: Seattle Southside Regional Tourism Authority (SSRTA) Event/Activity: SSRTA operations. Funds provided as outlined in Interlocal Agreement (ILA) with the cities of Tukwila, SeaTac, and Des Moines. Address: 3100 S. 176th Street; Seattle, WA 98188 Total Funds Requested: $405,000 ($202,500 for 2019 and $202,500 for 2020 for operations). About the Applicant: SSRTA, is a destination marketing organization providing tourism marketing for the cities of SeaTac, Tukwila, and Des Moines under the "Seattle Southside" brand. In the past destination marketing services were provided by Seattle Southside Visitor Services (SSVS), which was administrated by the City of Tukwila. On January 1, 2016 services provided by SSVS transitioned to SSRTA. Funds Previously Awarded: In 2017 and 2018, as outlined in the TPA Interlocal Agreement, the City provided $472,500 to SSRTA. The amount awarded were outlined in the (ILA) with the cities of Tukwila, SeaTac, and Des Moines. Funding Request Narrative: SSRTA is requesting City lodging tax funds for general operations to be used to fund general marketing, sales, and business services. Funds will be used to support a variety of activities, including sales and FAM tours and social media promotions. The proposed scope of services is identical to the scope of services for 2017 and 2018. SSRTA has requested two years of funding. The amounts are consistent with the TPA Interlocal Agreement. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 139 Staff Comments: SSRTA helps the city in its goal of creating a strong and diverse economy. SSRTA assists Tukwila hotels in generating sales leads, booking meetings and conventions, and booking room nights. Of three cities that makes up Seattle Southside, Tukwila has the greatest estimated visitor spending, even though we only account for 27/0 of the total lodging rooms in Seattle Southside. When SSRTA books hotel rooms and bring group to the region, even when the rooms are in the cities of SeaTac or Des Moines, Tukwila still benefits because visitors come to the Southcenter are to dine, shop, and for entertainment. A collaborative regional approach, offered by SSRTA, is highly beneficial to the City. SSRTA is providing an invaluable service, which in the past had been provided by SSVS. SSRTA helps market the area to potential tourist helping to drive tourist customers to area businesses. SSRTA's mission supports the City's overall economic development efforts to strengthen the City's economy. City of Tukwila Staff Recommendation to LTAC: Approval Notes: Should LTAC and the City Council approve the request, a final scope of work, consistent with the approved application, will be finalized by the City and the applicant. Additionally, the applicant will need to enter into a services contract with the City. Both the scope of work and contract need to be reviewed by the City Attorney. Because this contract will be over S40,000 the City Council will need to authorize the Mayor to execute the agreement City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 140 �8��DU��*^���������-�������mw�����UU��m�����-����Lodging����W��s .."." ..~~~. -- ~-'~n ~' '.---- -- _ _' _-_- _-_- '- _ Event or Activity Name (if applicab|nl: Destination MarketingOrganization Amount ofLodging TaxRequented: $405,ODO=/$2UZ50O\each year Applicant Organization: Seattle 5outhsideRTA Federal Tax |DNumber: 47-3031480 Mailing Address: 31OD5176m3t#2DO,Seattle VVA9O1Qg Primary Contact Name: Lisa Schwartz Primary Contact Phone: 206'686'7264 Primary Contact Email Address: Lisa@Geatt|e5oo¢hdde.conn Check all the service categories that apply tothis application: * Tourism promotion ormarketing. *Operation ofaspecial event o,festival designed 10attract tourists. *Operation of a tourism -related facility owned or operated by a non-profit organization. *Operation and/or capital costs of a tourism -related facility owned by a municipal (PDA) or a public facilities district. Check which one of the following applies toyour agency: Non -Profit (Note: Attach acopy of your current non-profit corporate registration from the Washington Secretary ofState Office) *Public Agency I am an authorized agent of the organization/agency applying for funding. I understand that: lamproposing atourism-related service for 2[19-2020.|fawarded, my organization intends toenter into aservices contract with the City; provideliability insurance for the duration ofthe contract naming the City as additional insured and, in an amount, determined by the City; and file for apermit for use ofCity property, ifapplicable. 0 My agency will be required to submit a report documenting economic impact results in a / /fOrnlatdetermined btheCitv , Sig ature: Printed or Typed Name: Katherine Kertzman, President & CEO 141 Application to the City of Tukwila for Use of 2019-2020 Lodging Tax Funds Seattle Southside Regional Tourism Authority 1) Describe your tourism -related activity or event. Seattle Southside Regional Tourism Authority (RTA) is' the official regional destination marketing organization (DMO)for the cities of SeaTae, Tukwila and Des' Moines. Seattle Southside RTA promotes the combined communities as a destination branded "Seattle Semthside„„ to create increased economic impact through marketing the destination's numerous travel and tourism busine,,sses. Seattle Southside RTA is highly regarded as an effective organization and valued within our cOMMUilitieS, region and state. ViSiOn Statement: To position Seattle Southside as a clestination of choice for practical travelers to Seattle while enhancing the image and econoink strength of the region. Mission Statement: As a brand -driven and entrepreneurial destination marketing organization, Seattle Southside RTA provides advocacy and innovative serTiCeS 10 competitively y marketthe destination. This fitnction helps create jobs, grow tax revenues, and improve auctliOt of life for Oar businesses and residents, 2) If an event, list the event name, date(s), and projected overall attendance. Not kap/tea/We 3) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? The RTA is primaiyfocus is atu-acting overnight tourists who stay in paid accommodations, eat in local restaurants, shop within area retailers, visit nearby attractions, etc, as these travelers have the highest visitor spend per trip, generating the greatest economic impact and return on investment. 4) Describe why visitors will travel to Tukwila to attend your event/activity/facility. Travelers can do 1710re when visiting Seattle Southside area because of its central location,' access to transportation inclucling shuttles, rental cars, and tours; 4ffirdability; unique attractions,' plentilid shoppitzg and dining choices that stretch time, money and opportunities further. Print, radio and online advertising drive business to Seattle Southside's website and Visitor Center fOr 1710re infbrmation about area taariSla related -activities. Positive press generated by the Seattle Southside RTA encourages visitors to travel to the area to experience everything they've read about, The RTA produces! a variety of destination guides designed to be used by visitors or locals hosting out of town visitors 142 including complete details relating to accommodations, restaurants, transportation, activities, and maps to steer tourists to Tukwila businesses. 5) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). The RTA's primary, focus is attracting regional, national and international travelers outside of a 50- mile radius who stay overnight in paid accommodations, although local residents also receive benefit from RTA marketing activities that include but are not limited to visitor concierge, social media advertising and some awareness print advertising as well cis media outreach efforts generating positive press about the region. 6) Describe the prior success of your event/activity/facility in attracting tourists Please refer to question 12. 7) If this your first time holding the event/activity/facility provide background on why you think it will be successful. Not Applicable --the Seattle Southsicle tourism promotion program has been in existence Pr 19 years and is an internationally recognized destination marketing organization having received numerous marketing awards. 8) Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e-blasts, social media, etc.) your agency uses or intends to use to promote your event/activity/facility. Please see 2016-2021 Strategic Plan and 2018 Business Plan 9) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. Website, printed materials, advertising, PR & social media, sales outreach, etc. 10) Is the City able to use your digital and print media for collaborative marketing? Yes, and we currently partner on the Port of Seattle "spotlight" program at the Airport. 11) Describe how you will use the name, "Tukwila" in publications, promotions, and for your event? The City of Tukwila is included throughout Seattle Southside',s marketing materials. All Seattle Southside advertising utilizes a logo that identifies the City by name. The Dining Guide identifies and lists al/full-service Tulat,ila restaurants and their addresses, the Travel Planner lists all Tukwila hotels and their addresses. We produce a regional map that identifies Tukwila. 2 143 Our website identzlies Tukwila on all businesses with that address and features countless attractions, retail, lodging properties and more all located in Tukwila. 12) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility. 459,325 website, 11,528 meeting delegates, 20,906 VC inature.s/mailers, 24,913 shuttle riders and 24,790 Ad attributed hotel sales not through website. RTA tracked encounters. Does not include advertising impressions, social media exposure, PR, or other marketing outcomes. 541,462 Actual b. Number of people who will travel fewer than 50 miles for your event/activity. Dean Runvan <5% of A 27,073 Estimated c. Number of people who will travel more than 50 miles for your event/activity. Dean Runyan > 95% of A 514,389 Estimated d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. (50% based on Google Analytics) 257,194 Estimated e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. (RTA does not track "Family & Friends" overnight stays based on distance. 85% from DR) 85% of C 437,230 Estimated f. Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. (567,025 actual RTA generated room nights' x 2.3 party size from Dean RUIlyan) x 27% of SS hotel room supply Tukwila = 27%. 352,123 Actual g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 567,025 tracked actual room nights' x 27% of SS hotel room supply — Tukwila = 27%. 153,097 Actual 13) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? 3 144 Seattle Southside RTA utilizes 3rd party metrics obtained from Google Analytics, H2R Research conversion studies, and Dean Runyan Travel Impact research in addition to the actual data collected from bookings and foot traffic and tracked through the RTA based on international standards as identified by the Destination International (DI). 14) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? City of Sea Toe $830, 000 (2019) and $830,000 (2020) City of Des Moines 100% of Lodging taxes estimated to be $111,000 15) Are you applying funding from Seattle Southside Regional Tourism Authority (RTA)? If so, in what amount? Not Applicable. 16) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? The RTA 2018 annual budget is $5.2 million Tukwila's contribution is 3.9% The estimated 2019 revenues are projected to be $4.911,1 17) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? The RTA would consider a reduction of services and/or staffing. 4 145 146 Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: The Museum of Flight Address: 9404 East Marginal Way South, Tukwila, WA 98108 Total Funds Requested: $100,000 About the Applicant: Museum of Flight, a non-profit, is recognized as one of the premier aviation and space museums in the world. The Museum is home to over 150 air and space craft spanning all genres and time periods. Over the last year the Museum has averaged just over 630,000 visitors. Over the last few years the Museum has increased its reach into eastern Washington, British Columbia, and Oregon. Besides aviation tourist enthusiasts, the Museum is also a draw for military affinity groups, industry professionals,,and engineering and technology professionals. The Museum is also recognized as one of the premier event spaces in Seattle, offering a wide variety of space and event services. Funds Previously Awarded: The Museum of Flight has received lodging tax funds in the past. For 2018 the Museum received $30,000. Funding Request Narrative: Per the application: Funding for 2019 is requested to support marketing and event activities for the Smithsonian's traveling exhibit "Destination Moon - The Apollo 11 Mission." The Apollo 11 command module Columbia —the only portion of the historic spacecraft to complete the first moon -landing and safely return to Earth —along with more than 20 other mission artifacts will be exhibited at The Museum of Flight from April 13 — September 2, 2019, including the 50anniversary of the Moon landing — July 20. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 147 This iconic capsule left the Smithsonian's National Air and Space Museum for the first time in 46 years, in April 2018, for otwo-year traveling exhibition. The Museum ofFlight /sone ofonly four stops for Destination Moon during its national tour, and the only West Coast destination —of the tour. This event /sexpected toattract visitors from the entire west coast and across the country. Staff Comments: |nevaluating proposals for funding, staff looks at three specific aspects; 1. Heads |nBeds Per the application submitted, MoFhas estimated that it generates 6,7OOroom nights onanannual basis within the City ofTukwila, of which 61X00m/i|| occur during the "Destination Moon" celebration. N4oF hosts the Seattle Southside Regional Tourism Authority booking widget on itsyvebsite. W4oF also has relations with downtown Seattle hotels and with Visit Seattle. As part of the 2019 funding, staff would like to work with the MoF to gain a better of understanding ofthe room nights generated within the City ofTukwila. This would include surveys and follow up with patrons tobetter understand where they stayed. 3. Feet on the Streets The applicant estimates that 650,000 people will visit the MoF in 2019, with an estimated 309,656 coming during the timeframe of the "Destination Moon" exhibit. These estimates are likely very accurate given they can easily be tracked with admission data to the MoF. While MoFgenerates asignificant amount nffoot traffic it isstill unclear how many ofthese visitors will venture to other businesses within the City, specifically businesses in the SouthcenterDistrict. 3. Branding The application's greatest strength for Tukwila isthe opportunity tohelp with the [it«soverall branding efforts in the region. The activity will include a very robust and aggressive marketing campaign in the Seattle Metro region. The City of Tukwila will have the Apollo 11 command module in the City--50 years to the day that Neil Armstrong took is famous first step on the moon. This will likely generate significant international media attention. City of Tukwila 0zOUsouthconterBlvd, 148 However, this branding opportunity can only be realized if the Tukwila name is used. As part of the scope of services, staff has placed requirements to hopefully ensure the Tukwila name is used in relations to "Destination Moon." it should be noted that the MoF does not use "Tukwila" in its address and instead uses "Seattle." City mfTukwila Staff Recommendation to LTAC: Approval Notes; Should LTA[and the City Council approval the application, afinal scope ofwork, consistent with the approved application, will be finalized by the City and the applicant. Additionally, the applicant will need to enter into a services contract with the City. Both the scope of work and contract need to be reviewed by the City Attorney. Because this contract will be over $40,000 the City Council will need to authorize the Mayor toexecute the agreement. City of Tukwila n20OsouthcenterBlvd. Tukwila, wm98188 149 Museum ofFlight Destination Moon 2019 Scope of Services w Inspire level logo recognition on "title wall" of exhibit entrance: March 15, 2019dea6Une * Logo recognition inpromotional spots: o Billboards (Puget Sound, Portland, Spokane, and Vancouver BC regions) o Transit (Puget Sound area) o South Lake Union Trolley wrap o Banner on the south exterior wall of Great Gallery (tentative as of 1/16/19) * Logo inDestination Moon visitor guide. March 1'2010deadline ° Logo recognition at events directly related to the exhibit, such as Opening Weekend and Preview events. ° Acknowledgment in Aloft, the Museum member magazine circulation 19,000. Included issues would be based on proposal 'approval date. * Social Media posts torecognize sponsorship * Complimentary tickets for up to 10 guests to select special events held in conjunction with Destination Moon: The Apollo 11Mission. * Special group -sales rate for timed tickets tnDestination Moon Tukwila specific: * Link nnDestination Moon web page toother Tukwila tourism opportunities * Opportunity for Tukwila to use custom logo with tagline "Proud home of The Museum of Flight" * All regional/local radio spots produced by the Museum of Flight promoting "Destination Moon" will be scdptedtostatethe|ocotionoftheexhibitisin°Tukwi|o"1fa|ocation|srnentiuned' w All press releases produced by the Museum and issued after execution of this contract promoting "Destination Moon" will use the dateline "Tukwila" or "City of Tukwila." Seattle will not be used. The press releases will also feature asection about the City ofTukwila, prepared byCity staff and approved bythe Museum. w Cross promotion ofother tourism reltedactivitiesxithin the City, including but nt limited toSeattle Seawo|vesgames, Westfield Southcenter, Seattle Chocolates, and Family Fun Center. City of Tukwila 6ZOOSnpthcenterBlvd. 150 /A� ppU^cat^ n to the City of TuknVla for Use of 2019 Lodging Tax Funds Event or Activity Name (if appUcable4: Marketing OcEvent Support For Destination Moon "The Apollo 11Mission" Amount ofLodging Tax Requested: $100000 Applicant Organization: The Museum ofFlight Federal Tax |ONumber: 8I-0785826 Mailing Address: 9404 East Marginal Way South, Tukwila, WA Primary Contact Name: ]eff8auknecht Primary Contact Phone: 306.768.7198 Primary Contact Email Address: rnuseum0fM|�ht.or� Check all the service categories that apply tothis application: ~/ Tourism promotion ormarketing. ~/ Operation ofaspecial event orfestival designed toattract tourists. � Operation of a tourism -related facility owned or operated by a non-profit organization. � Operation and/or capital costs ofatourism-related facility owned by municipality or a public facilities district. Check which one ofthe following applies toyour agency: o An entity engaged in tourist marketing or tourism promotion, Non -Profit (S01(c)(3)nr502(c)/6U(Note:Attachacopyofyourcurreotnpn-prnfit corporate registration from the Washington Secretary ofState Office) p Municipality (Oty,Town, orCounty ofWashington State) I am an authorized agent of the organization/agency applying for funding. I understand that: � I am proposing a tourism -related service for 2019. If awarded, my organization intends to enter into aservices contract with the City; provide liability insurance for the duration ofthe contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. � My agency will be required to submit a report documenting economic impact results in a format determined bvthe City. Signature: Date 151 1) Describe yomrhowrism+relmted activity or event. The Museum of Flight is one of the premier educational air and space museums in the world, with aprojected attendoncepfGS[iOOOin2O1S.Visit0000nnetotheW1useunnfornunneroVs reasons including meetings and conferences, individual and group education programs, research for historical and scholarly projects and simply for personal enjoyment oftheexhibitsandmany special events held throughout the year. Today the independent, non-profit Museum of Flight is the largest private air and space museum inthe world, iwith eprojected Z0IOfina]attendanoeof5OOl]ODvisitor "OurcoUect|onsindude more than 160 air and spacecraft, tens of thousands of small artifacts, more than 3 million rare photographic images, and a world -class library housing more than 34,000 books, 66,000 periodicals, and 14,OOOtechnical manuals. 2019 Request Funding for 2O19isrequested tosupport marketing and event activities for the Smithsonian's traveling exhibit "'DestinatimnMoon -The Apollo I3Missiom'°TheApollo 1lcommand module Columbia —the only portion of the historic spacecraft to complete the first moon -landing and safely return toEarth—along with more than 2Oother mission artifacts will beexhibited otThe Museum of Flight from April 13 — September 2, 2019, including the 50th anniversary of the Moon landing — July 20. This iconic capsule left the Smithsonian's National Air and Space Museum for the first time in46years, inApril 2Ol8,for atwo-year traveling exhibition. The Museum ofFlight bone pfonly four stops for Destination Moon during its national tour, and the onIV West Coast destination —of the tour. This event is expected to attract visitors from the entire west coast and across the country. Sponsor Benefits � The City ofTukxv|avvouhdberecognized asan�ns 'e"�v�(2" level) sponsor with the following benefits: • Inspire level logo recognition on "title xvaU"ofexhibit entrance: March 15,201gdeadline • Logo recognition inpromotional spots: " Billboards (Puget Sound, Portland, Spokane, and Vancouver BC regions) ~ Transit (Puget Sound area) ^ South Lake Union Trolley wrap " Rack cards throughout region: Janumrvl8,2019 deadline " Banner on the south exterior wall of Great Gallery (tentative as of 1/16/19) • Logo inDestination Moon visitor guide. March 1,2019deadline w Logo recognition at events directly related to the exhibit, such as Opening Weekend and Preview events. • Acknowledgment inAloft, the W1Vseunn member magazine circulation 19,000. Included issues would hebased onproposal approval date. • Social Media posts torecognize sponsorship • Complimentary tickets for upto 1Oguests to select special events held in conjunction with Destination Moon: The Apollo 11 Mission. 2 152 0 Special group -sales rate for timed tickets to Destination Moon Tukwila specific: • Link onDestination Moon web page toother Tukwila tourism opportunities • Link onDestination Moon web page toTukwila lodging anddjningopportunitiee(5SRTA) • Opportunityfor Tukwila touse custom logo with toQUne^Promd home ofThe Museum of 2) Tukwila's brand signature experience is built on the following themes: • Family Entertainment o As mentioned in#6below, our primary audience is families with young children. Our education programing and exhibits are all designed inannannerthat encourages interaction between grandparents, parents and children. o Monthly Member Movie Nights and Free First Thursdays also encourage family friendly experience. • Shopping o Your Museum experience is supported through a Museum store, Wings Caf6 and simulators throughout the facility; all which generate additional revenue. • Fun with Friends o The Museum holds events each year such as Hops& Props and Yuri's Night which promote activities for 'friend networks." Several times during the year, the Museum also hosts vintage and military aircraft fly -ins which provide for exciting viewing and flying opportunities. Describe how your event, activity, or festival builds onone orall the themes listed above: 3) If anevent, list the event name, clate(s)and projected overall attendance. Destination Moon ~The Apollo 11Mission: April 13—September 2,2U19:Estimated attendance over this time period is3O9,6S3. 4) is your event/activity/facility focusing on attracting overnight tourists, day tourists, orboth? The Museum focuses on attracting overnight and day tourists. Our special weekend events and business conferences, as well as our immersive education programs, draw thousands of overnight clients to the region. Our annual family -friendly weekend events draw day visitors from King, Pierce, Snohomish, K\tsapbkSkagit counties. Destination Moon isexpected todraw visitors from across the regionand the entire U3West 3 153 5) Describe why visitors will travel tmTukwila bmattend yourevent/activity/facility. Events such as the grand opening of our Apollo exhibit in April of 2017 attracted visitors and media coverage from across the 'onandcountry.TheDestinationMoonexNbitandre|ated activities are anticipated to draw an even larger number of visitors from this same audience of space flight enthusiasts. Since The Museum of Flight is the only stop on the US west coast, or for that matter west of Houston, it is anticipated that the exhibit will draw from across the entire west coast. A related media buy in British Columbia, Spokane, Portland, San Francisco, and Los Angeles will further boost the west coast reach. An associated national promotional campaign will also drive visitors from across the country for the 50th anniversary weekend events. The Museum isrecognized bvour peers, and flight enthusiasts in general, as one of the premier aerospace museums in the world. Six distinct galleries display and curate the many stories of flight. The comprehensive nature of the Museum's collection is virtually unmatched within the industry. In addition, the Museum ranks among the top five venues for meeting and event capacity 1nthe greater King County region. The collection, combined with free parking and easy access from 15 and SeaTac Airport makes the Museum one nfthe top picks for corporate and affinity group conferences such asmilitary organizations and reunions. Visitors are entertained with a nonstop airshow every day at the Museum due to the many different types of aircraft flying in and out of Boeing Field! Directly or indirectly, visitors come to the Museum for the fun and excitement that is flight. 6) Describe the geographic target of the visitors you hope toattract (locaUy, regionally, nationally, and/or internationally). The Museum provides an experience for almost any age, education level or cultural background. Our primary target audience is young families with children, living in the Puget Sound region, along with out-of-state leisure and business tourists. A secondary audience we continue to expand are the outlying areas of Eastern Washington, British Columbia and Southwest Washington and Portland, Oregon. We anticipate this secondary audience will be more represented than normal due to the content and historic nature of this exhibit. The Museum will continue tnfocus onits strengths ofattracting visitors from across the greater Puget Sound region. The subject matter of the Destination Moon exhibit, and the Museum being the only stop onthe west coast, will strengthen uursuccessinattnaotingspacef|iRhtafidonedos from across the west coast. With the Museum hosting the exhibit during the 5 oth anniversary of the moon landing, we also anticipate attracting visitors from around the country. J) Describe the prior success of yourevent/activity/facility in attracting tourists 2Ol8has once again been astrong year for the Museum, and xveanticipate finishing the year by welcoming 600,000 visitors from across the region and representing every state in the country. In addition to one of the most comprehensive air and space craft collections in the world, the Museum houses the largest aerospace library and archives onthe west coast, serving researchers 4 154 and scholars. Historians, engineers, high school and college students, as well as film production teams, use this vast collection tosupport research, aid h7design conceptsandeyencreate accurate and exciting visual images Vn'the small and big screen. In addition to our industry -leading education programing and exhibits, our Public Programs team facilitates more than 60 weekend and special event programs on virtually every topic imaginable related to flight. Our 2017 Public Program Calendar is included to illustrate the vast array of topics covered bythese programs. 8) if this your first time holding the eve |ity provide background on why you think it will besuccessful. Although this will be the first time hosting the Destination Moon exhibit, the Museum has decades ofexperience in hosting large special events and exhibits on an annual basis. Examples include our annual Blue Angels weekend where 17,000-21,000 visitors come to the Museum over tbethree-dayVVeekend,ondthe2Ol6BoeingCopnpanyCentennio|eVentm/hennear|y1OO'OOO guests were treated 1odavvn'to+duskactivity over three days. 9) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments inthe City mf Tmkm/Ra' The Museum promotes businesses in the Tukwila region through placement of the Seattle Southside Regional Tourism Authority (SSRTA) Visitor Guide in our Museum lobby kiosk. We also pronnoteS5RTAthroVghp|acennentoftheirtourisnn"xvidget"onourxveb$iteinaneffUrttpddxe website traffic to the myriad lodging and other tourism businesses in the South Seattle region. The Destination Moon exhibit will provide an opportunity for community -wide partnerships with other tourism -related business around the region. 10) As part of City's branding process, the City committed to using the "Tukwila" name above other names often used todescribe the City (or parts of the City), such as°Smmthcenter"mr a) U[you are existing entity currently operating inthe City does your entity list its physical location mabeing xnTukwila? Ifnot, why? (NpterThis question is'only with the city being used to describe your location, it does not apply to out of area marketing, which may say "Seattle"). Historically, the Museum has associated itself with Seattle asits geographic reference. |n specific instances xvealso use Seattle Southside and Tukwila asgeographical references. b) Ufyou are proposing enew activity, festival, orevent will it be described as occurring in. "Tukwila?" Yes, but some conditions will apply depending on who creates and controls the messaging. As an Inspire level sponsor of Destination Moon, the City of Tukwila would secure the benefits asoutlined inItem #120I9 Request ofthis proposal. Recognition on materials produced bythe Smithsonian Institute Traveling Exhibit Services (SITES) will 5 155 require their collaboration. [SITES isthe owner and managing entity ofthe exhibit and national advertising campaign.] ol if you are proposing amarketing program please outline how the '7ukw*Ua°name will be used, promoted, Lused |npromotional materials and used insocial media. |naddition tothe benefits outlined |nItem #12019Request, Tukwila will behighlighted as shown below. • Social network marketing including Facebook, Twitter, Instagram, etc. will include a combination ofboth Tukwila and Seattle references. • AJ|onsite program materials created bythe Museum will reference Tukwila asthe location. • Advertising with out -of -area audiences will reference Seattle as the location. ** NOTE! The Museum encourages the City of Tukwila tocreate aspecial-use logo with the tagline "Home of The Museum of Flight" to be used on all materials. Current online and social media metrics Current Social Network StatsasofSeptember 2O1O |nstogrann: 17,600 Facebookz 77,000fo||oyvs Twitter: 18`100 Museum of RishtVVebsite Stats Pa : 4.6 Million Visits lMi|Uon Unique Visitors: 728K 6 156 12)Measurements and Metrics (Nmte: You will berequired tmreport these metrics as part ofthe ' close out of the agreement between your 'zationandtheCity.) As a direct result of your proposed tourism -related service, provide an estimate of: Tmta|20l9 / Duration ofExhibit e. Overall attendance atyour proposed event/activitv/foci|ity. 650,000/309,653 b. Number ofpeople who will travel fewer than 5Omiles for your event/activity. 370,000/I73,400 c. Number ofpeople who will travel more than SOmiles for your event/activity. 280,000/136,253 d. []fthe people who travel more than SOmiles, the number ofpeople who will travel from 'another country or state. 128,600/79,000 e. Ofthe people who travel more than SOmiles, the number nfpeople who will stay overnight inTukwila. 12,500/8,175 f. Ofthe people staying overnight, the number ofpeople who will stay in PAID accommodations (hote|/mote|/bed`breakfast) in Tukwila. 5,750/4,000 g. Number ofpaid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms onFriday and 50 paid rooms nnSaturday =75paid lodging room nights) 6,700/6,000 12) What methodologies d&dymmusehoca|cm|atetheastinmatasandnwhmtmnethodo|ogiesxxU|ynm use to track outcomes, such astotal participants, estimated visitor spending, atc? Total numbers in the chart above are estimated by combining the number of known room nights or estimated room nights used for: a. Washington Aerospace .Scholars summer residency program, b. Ou1-of-tovvnPublic Program guest speakers and related visitors, c. Special events related to annual public programs such as Memorial Day and Blue Angels, d. Public and private events surrounding the Destination Moon exhibit and the opening of the Vietnam Veterans K8ennorio| Park also scheduled for completion in 2019, e. 2019 Hops Q^ Props, and Hanger Fest attendees, and f. Anestimate ofthe overnight visitors from general admission. Individual program numbers come from admissions tracking. Estimates for general admission visitors comes from zip code data collected atour admissions desks. 7 157 13) Are you applying for lodging tax funds from another community? Ufso, which communities and inwhat amounts? VVehave applied tothe City of3eaTacand been approved for $75,OOOin2Ol9. 14) Are you applying funding from SeatteSmmthside RegionalTourism Authority )?Ufso, in what amount? The Museum isinconversation with SSRTAregarding funding for 3O19,but has not submitted a request atthis time. 15YWhat isthe overall budget for yourevent/activity/facility? What percent wfthe budget are you requesting >from the City mfTukwila? a. The Museum ofF|ight'soverall 2O18operations budget is$23,918,O9O.Our 2O19budget will increase by approxinnate|y3-5Y6. 2018operations budget detail included for reference. b. Our overall marketing budget for 2018 is $700,978. Our 2019 marketing budget will be approximately $l.4million with the primary increases affecting regionaland national media efforts related to the Destination Moon Exhibit and the opening of the Vietnam Veterans Memorial Park. * This $100,000 request for 2019 represents 7% of the Museum's proposed 2019 marketing budget. Completed applications should besubmitted to: Lodging Tax Advisory Committee c/o Brandon Miles City ofTukwila 63OOSouthcente[Blvd Tukwila, VVA981O8 Or, Questions? [TACContac± Brandon J,Miles (206)431-3684 8 158 Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: City of Tukwila, Office of Economic Development Address: 6200 Southcenter Blvd, Tukwila, WA 98188 Tot- unds Requested: $227 ‘45 N').1 09 About the Applicant: The City of Tukwila is a non -charter City organized under the laws of the State of Washington. Founded in 1908, Tukwila is one of the oldest cities in King County. Since its founding, Tukwila has always been a community at the "crossroads." Tukwila lies at one of the busiest freeway interchanges in Washington State. The City has a small bedtime population of just under 20,000. During the day the City's population swells to over 150,000 people, with people coming to the City to work, shop, dine, stay in hotels, and to visit once in a life time experiences, such as the Museum of Flight or iFly. The City is one of the most diverse cities in the country. Over 70 languages are spoken in the Tukwila School District. Many well-known businesses are based in Tukwila, such as BECU, Westfield Southcenter, Seattle Seawolves, Seattle Sounders FC, Top Pot Donuts, Pop Gourmet, and the Sabey Corporation. The City has over 2,000 hotel rooms and over 100 restaurants. Funds Previously Awarded: Last year the City was awarded $59,164 for its general administration costs. Funding Request Narrative: The requested funds are to provide funding for certain administrative costs incurred for operations related to operations and administration of the lodging tax fund. Funds will be used for office supplies, .5 FTE (wages and benefits) professional services, training and education, memberships, indirect costs, and other incidental costs, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 159 Additionally, this requests includes funding to develop a launch a tourism related website and social media platforms, including content development and creation. Staff Comments: These funds help the City administrator the lodging tax funds, including managing and overseeing contracts with third parties. Development of a website consistent the adopted City brand is overdue. There does not exist a website or social media platforms promoting the Tukwila brand. This will provide that opportunity. City of Tukwila Staff Recommendation to LTAC: Approval Notes: None. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 160 Application to the City of Tukwila for Use of 2019Uodging Tax Funds Event or Activity Name (if app|icab|e): General Administration, Small Marketing and Sponsorship, VVebsiteDevelopment, and Social Media Platform Development, including content creation. Amount VfLodging Tax Requested: $227,045 Applicant Organization: City ofTukwila, Mayor's Office Federal Tax |DNumber: 91-6001519 Mailing Address: 6ZOOSnuthcenterBlvd Tukwila, VVA9O188 Primary Contact Name: Brandon]. Miles Primary Contact Phone: (206)431'3684 Primary Contact Email Address: Brondpn.KHi|es@Tukvvi|avva.gnv Check all the service categories that apply tothis application: Tourism promotion ormarketing. Operation ofaspecial event orfestival designed tnattract tourists. Operation of a tourism -related facility owned or operated by a non-profit organization. *' Operation andlor capital costs of a to urism-related facility owned by am unicipality or a public facilities district. Check which one ofthe following applies toyour agency: Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary ofState Office) Municipality Note: January 25, 2018: Applicationupdated following Lodging Tam Advisory Committee meeting on January 23, 2018. Changes are shown and reflect the approved requestfrom the Committee. I am an authorized agent of the organ ization/agency applying for funding. I understand that: � 1 am proposing a tourism -related service for 2018. If awarded, my organization intends to enter into aservices contract with the City; provide liability insurance for the duration ofthe contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use ofCity property, ifapplicable. � My agency will be required to submit a report documenting economic impact results in a format determined by the City. Signature: Printed Name 161 1) Describe your tourism -related activity or event. The City ofTukwila requests funding for 2OlSfor administration ofthe CitY'slodging tax fund, basic marketing activities, website creation and operations, and developing the City's brand social media. Funds for this application are used for general administration, staff time (half FTEiand related costs incurred by the City in managing its lodging tax program. In the past the funds for this application were used for the following activities intended to support the entire tourism program: w Office Supplies; ~ Professional Services; • Training and Education; = Membership, Registration, and Subscriptions; • LTACK4eetin8s; * Parking, Travel, and Meals; and • Indirect Cost Allocation. Last year JAC approved @ for the City's Administration application and the City is requesting for these In addition to the items listed above staff is also requesting funds to support labor and benefits for .5 FTE. This is not a new position. The City's Business Relations Manager is the lead on lodging tax and tourism issues. The position has historically been funded using 100% of general fund dollars. The City is requesting that the staff time for this position be split 50/50 between the lodging tax and general fund. The City balso requesting acharge for the [ity'sindirect cost allocation. The requested amount is significantly lower than previous years. The lodging tax fund isone ofseveral special revenue funds managed by the City of Tukwila. Under State Law, the Cityis permitted to charge special revenue funds for the indirect costs that are incurred by the general fund to support and maintain these special revenue funds. These costs include, but are not limited to, legal support, accounting, insurance, technology services, human services, and office administration. Activities that are needed to support the lodging fund. The City balso requesting small amount $Q,OOOfor small sponsorship opportunities throughout the year that could help build the Tukwila brand and help enhance the tourist destination. |n2018, the City of Tukwila, Mayor's Office oversaw nearly $400000 inlodging tax funds awarded to outside groups. Each award requires a contract and ongoing oversight by City staff. 2) Ifanevent, list the event name, clate(s)and projected overall attendance. This request is not for aspecific event. However, the application helps support the City'sabUity to use 162 3)Usyour event/activity/faci|ity focusing on attracting overnight tourists, day tourists, orboth? Both, the City uses its lodging tax funds to support marketing activities for both day and overnight visitors. These are for activities either done by the City or by third parties. In the past the City has used its lodging tax funds to support Seattle Southside Regional Tourism Authority; events such as the Rock'N' Roll Marathon; the Backyard Wildlife Fair; and marketing activities atthe Museum of Flight and Starfire Sports. Providing funding for outside organizations requires administrative support from several departments, including Finance, City Attorney, Technology Services, City Clerk, and Economic Development. Additionally, there are tourism related trainings, events, and memberships that the City would like to bepart of. These activities help support the [itv'songoing tourism efforts. Funds in this application will also be used to develop a website and social media to promote the City in the region. 4) Describe why visitors will travel to Tukwila to attend your event/activity/facility. N/A The request isfor funding tohelp support [itv, costs incurred bvthe City toadminister the lodging tax fund and for expenses that are related totourism. A5discussed above, the lodging taxfundisuozdto support a variety of activities in the region, which bring both day and overnight visitors to the City. Costs associated, such as offices supplies, travel, parking, and education related to tourism and marketing should be charged to lodging tax and not the City's general fund. The new websiteand social media platforms will be used to tell the 7uhwi|a"story, consistent with he adopted brand. 5) Describe the geographic target mfthe visitors you hope toattract MooaUy, regionally, nationally, and/or internationally). N/A. 6) Describe the prior success of your event/activity/facility in attracting tourists The City has along history of success in using lodging tax funds to support a wide range of activities, including Seattle Southside Regional Tourism Authority, the Museum of Flight, Star -fire Sports, and the Southwest King County Chamber of Commerce (now known as Seattle Southside Chamber of Commerce). 7) If this your first time holding the event/activity/facility provide background on why you think itwill besuccessful. 163 N/A 8)0escribe the media strategy you employ to promote yourevent/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e-blasts, social media, etc.) your agency uses mrintends touse to promote yourevent/activity/faciUty. N/A 9) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments inthe City ofTukwila. N/A 10) Is the City able to use your digital and print media for collaborative marketing? N/A 12]Describe how you will use the name, "Tukxv|a»inpublications, promotions, and for your event/ N/A 12) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed eve mt/activity/f ad|ity. O b. Number ofpeople who will travel fewer than SOmiles for your event/activity` 0 c. Number ofpeople who will travel more than SUmiles for your event/activity. Q d. Ofthe people who travel more than SOmiles, the number ofpeople who will travel from another country orstate. 0 e. Ofthe people who travel more than S0miles, the number ofpeople who will stay overnight inTukwila. O f. Ofthe people staying overnight, the number ofpeople who will stay in PAID accommodations (hotel/motel/bed-breakfast) inTukw/i|8. O 164 g. Number ofpaid lodging room nights resulting from your proposed event/ activity/facility (for : 25paid rooms onFriday and 5D paid rooms on Saturday = 75 paid lodging room nights) Special Note: The numbers provided above are direct estimates for this application. This application helps supports theCitx' efforts in funding activities by third parties. Combined, these third parties marketed the City to nearly 2 million people. For example, in 2017 Starfire Sports received $42,000 in lodging tax funds and nearly 1.2 million people visited the Starfire Sports campus. The ability to provide funding tOthese third parties could not occur without the [itv/Sability tDprocess contracts and provide payment, which '|ssupported bythis application. Once the City launches the vvebsiteand social media platforms thecbvmiUbeab|etogetabetter understanding of target demographics. 13) What methodologies did you use tocalculate the estimates and what methodologies will you use totrack outcomes, such mstotal participants, estimated visitor spending, etc? As discussed above, the City uses its lodging tax funds to support a wide range of activities. In 2019, the City anticipates funding the City of Tukwila, SSRTA, the Museum of Flight, Starfire Sports, and other smaller activities. These funded activities have metrics, which the City will use for reporting purposes for this funding request. 14)Are you applying for lodging tax funds from another community? Ufso, which communities and inwhat amounts? No. 15)@re you applying funding from Seattle Southside Regional7ourism Authority (SSRTA)?If so, in what amount? No. 16) What bthe overall budget for your event/activity/facility? What percent of the budget are you requesting from the City mfTukwila? Total requested funding is$ The following is the proposed budget for the campaign (note funds in rows 1-7 might be moved between budget rows, but won't exceed the total amount requested). Column Budget Item 2010 2019P Notes Approved Budget Budget 165 1. Office Supplies $750 $750 This isfor general offices supplies and for domain names holds the City has purchased. 2. Professional Services $8,000 $11,000 For 2Ol7these funds were used for an additional visit from Bill Baker, the [it»'s branding consultant. Funds were also used for the creation of some collateral for the new brand. For 3O18,staff would like touse some funds toget additional collateral made reflect 'the new brand and have funds available for small projects that help with the City's marketing, branding, and tourism attraction efforts. 3, Training and Education $6,000 $6,000 These funds are intended for staff and elected officials who might desire or need education ortraining for tourism related activities. 4` Memberships, Registrations, and subscriptions. $7,000 $8,000 Memberships to: 0 Seattle Chamber of Commerce * Seattle Sports Commission 166 * Washington Tourism Alliance w VVFEA • Others S. LTAC Meetings 0.00 $250 Staff tries to minimize eupensesforLTAC meetings; however, in some cases vxeneed to rent aroom and/or provide food for meetings. 6. Parking, Travel and Meals $1,000 $1,000 This isfor staff, City Counci|n1ennbprs,and LTACmembers who might want toattend tourism related meetings inthe region. Last year this expense was charged tothe general fund. 7. Indirect Cost Allocation 36,414 $28,741 Reimbursement ofthe Cit«'sgeneral fund for activities such aslegal support, accounting, insurance, technology services, public records, and office administration needed tosupport the lodging fund. This funding supports all the indirect charges with administration nf'the lodging tax funding and isbased onthe citywide overhead analysis used to charge overhead t special revenues funds. 167 O. 5ubTota|: $59,164 $45,741 New Items B. Labor (wages) $0.00 $55,547 This isnot anew position. Funding for the Business Relations Manager will besplit 5O/SObetween the general fund and lodging tax fund. 10. Labor (benefits) $17,847 This isnot anew position. Funding for the Business Relations Manager will besplit 5O/5Obetween the general fund and lodging tax fund. 11 | A/m Website design, /t-/ e d i development. U C *on of a tourism la eib te f iv w w Cc conte ation. cial media development as well. 12. Small Event Sponsorship $0.00 $8,000 13. Subtotal: $0.00 $W81,304 14. Total: $59,164 All activities. It may be necessary to move funds between rovvs1-l3; however, the total expenditure will not exceed the total listed in row 14. 17) What will you cut from your proposal ordodifferently if'full funding for your request is not available or recommended? Without funding it would jeopardize the City's ability to process third party requests for lodging tax funding. Additionally, the City might choose tprequire the lodging tax fund to"pay asitgoes" for support provided by the City. This could result in higher charges being imposed to the lodging fund. 168 Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the [ity's Lodging Tax Advisory Committee. Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City ofTukwila 62OO5uuthcenterBlvd Tukwila, VVA9Q18O Or, 8nandon.KVi|esPTukvvi|avva.gov Questions? LTAC[nntact: Brandon ].Miles (286)431-3684 Updated: March 21, 2017 169 City ofTukwila General Administration 2Ul9Scope otServices Asoutlined the budget above, funds will beused for the following activities intended tosupport the operations of the lodging tax fund: 1. Purchase ofoffice supplies; 2. Hiring of professional services, as needed (not project specific); 3. Training and Education for City staff, City elected officials, and L|A[ members; 4. Membership, Registrations, and Subscriptions for the City; S. Costs associated with the LTACmeetings; 6. Parking, Travel, and Meals 7. Indirect Cost Allocation O. Staff costs (wages and labor) 9. Development a Tukwila tourism website, including content development. *ew.F._ Note,fundsnnaybennoxedbetvveenthecategories but the total expenditure will not exceed $l81,3O4 170 Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: Starfire Sports Address: 14800 Starfire Way, Tukwila, WA 98188 Total Funds Requested: $44,500 About the Applicant: Starfire Sports, a non-profit entity, has grown into one of the premier soccer complexes in the United States. Over 1.3 million people visit the complex annually to take part in soccer tournaments; play in indoor and outdoor soccer leagues; to engage in sport specific training, soccer viewing, and attending professional soccer matches. Starfire is also the training home of the Seattle Sounders FC, which play in the Western Conference of Major League Soccer. Opening in 2003, Starfire Sports complex has 12 outdoor fields and two indoor fields. The complex is located at Fort Dent Park, which is owned by the City of Tukwila. Also located at the Park is a small children's play area and regional trail system. The City has maintenance reasonability for the play area, trails, and parking area. Starfire Sports regularly hosts multiday, weekend soccer tournaments, which brings in soccer teams from throughout North America. Teams stay in hotels throughout the Seattle Southside region, with a 70/30 split between Tukwila and SeaTac hotels. Players and their families can also be seen throughout Tukwila, at Westfield Southcenter, the Family Fun Center, and area restaurants. Besides soccer, Starfire Sports has been used to host a variety of other sports and activities, including rugby, lacrosse, and quidditch. Funds Previously Awarded: Last year Starfire Sports received $44,500 in lodging tax funds from the City. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 171 Funding Request Narrative: Starfire Sports is requesting 2019 lodging tax funds to assist in the promotion and facilitation of leagues, events, and tournaments. The goal is to attract visitors to create 10,000 hotel room nights and bring 1.3 million annual visitors (not unique) to the complex and Tukwila. Starfire will promote its events through email and online marketing, with regional soccer organizations and social media. In addition to the scope of services from last year, the following will also be included: • Allow the City to have free meeting space for events and activities; • Promote activities and events occurring in the City, both by the City itself and third parties. • The City will be a sponsor for all Starfire tournaments. Staff Comments: After Westfield Southcenter, Starfire Sports is the largest draw of visitors in the City and perhaps the largest draw of overnight guests in the City. Additionally, the tournaments and leagues at Starfire bring in people throughout the Puget Sound region on day visits to the City. Participants at tournaments and leagues at Starfire can easily be identified, while at restaurants and retailers throughout the City. National demographic data indicates that while most soccer participants are under the age of 18. While most participants might be kids, the sport reaches well beyond the kids, with parents being spectators, referees, coaches and/or administrators. These parents tend to be influential, educated, and technically savvy. Over half of households with youth soccer parents in them have a household income about $75,000, with 35% of household having an income above $100,000. Starfire brings these high income households the City everyday with their soccer tournaments and leagues. One of the goals of staff is to work with Starfire to identify ways to encourage visitors of Starfire to come back to the City, even when they are not visiting for a soccer related activity. Since its opening in 2013, Starfire has also help created positive branding for the "Tukwila" name. Starfire and its tenants, including Seattle Sounders FC, identify their physical location as being "Tukwila." Each visitor who comes to the facility leaves with a positive experience in Tukwila. Starfire Sports has also helped the City with event production, including the Seattle Sounders FC MLS Cup send off. City of Tukwila Staff Recommendation to LTAC: Approval. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 172 Notes: Should LTAC and the City Council approve the request, a final scope of work, consistent with the approved application, will be finalized by the City and the applicant. Additionally, the applicant will need to enter a services contract with the City. Since this contract will be over $40,000, the City Council must authorize the Mayor to sign the contract. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 173 Starfime 2019 Scope of Services Contractor shall organize, promote and facilitate tournaments, leagues and events at8torfinaSports Complex with the goal of attracting over 1OOOOovernight hoteKmote|roomlniohtaand1.3mi|hon annual visitors (not unique v|s|b}in collaborative working relationship with the City ofTukwila. The purpose of this agreement is for the tracking of hotel bookings, promotions and marketing. 1. As needed, contractor shall refer teams and event directors directly to Seattle Southside Regional Tourism Authority (SSRTA), a destination marketing organization for the City, for assistance with |odging, naetounants, attractions, transportation companies, etc. ordirectly to the City. 2. Contractor will encourage and, where possible, require other YJ party organizers holding tournaments and events at Starfire to utilize Seattle Southside (Tukwila, SeaTac, and Des Moines) lodging businesses. Contractor will provide 3m party organizers aone-page promotional flyer as an attachment (to be provided by the City) to its rental agreements. 3. Contractor shall provide prominently placed City ofTukwila logo tothe sponsor section ofthe landing page of vveboite. 4. Contractor will promote City of Tukwila attractions and activities through its marketing department, league information, and tournament relations via links in email signaturesand information in event documents. Information may be regarding non -city activities. Attractions and events promoted bythe City, with the contractor, cannot bainconflict with business interest ofStorf|naSports. 5' Contractor and City shall work in conjunction to provide content in the regular e-newslefters from Starfire Sports about Tukwila attractions and activities. Attractions and events promoted by the Citv, with the contractor, cannot ba in conflict with the business in&*naota of8tadire Sports. ti |nall collateral, press releases, rnedios, etc. where a location is mentioned, contractor shall always identify the location of Starfire as being located in "Tukwila." Contractor shall encourage third parties operating at or hosting events at Starfire to also list the location as 7.Provide ominimum of four social media post per month promoting activities, dining, ~ shopping, and/or hotels |nthe City. Content tobeprovided by the City and approved bvContractor. City of Tukwila 6200 Southcenter Blvd. 174 8. Aodeemed most appropriate byContractor, use the #Tukwilaorthe name 7ukwila"insocial media posts on Facebook, Twitter, Google+ and/or Instagram. 3. Contractor shall make available free meeting space, during regular operating hours by the Contractor, for the City, provided City events do not conflict with paid meeting reservations. 10. Contractor shall work with the City to promote events in the City, including but not limited to City sponsored events, events sponsored bxthird parties, and grand openings ofbusinesses within the City. Events promoted bythe City, with the contractor, cannot be|nconflict with the business interests of|Starfine Sports. 11.The City of Tukwila shall also be considered a tournament partner for 2019. As a tournament partner the City shall be receive the following benefits: o. City included as part of the Tournament /logo (e.g. The Starfire AstroTurf@ Cup, Tukwila, WA). b. Visibility nnYVmmV homepoge,youth tournaments landing page tournament event page, and drop -down navigation nnenu c. 300pXbv3OOpxplacement onthe tournament event page and tournament landing page ofotarf/naspode.00m d. 300px by 300px placement in all registration and announcement emails related to the tournaments e. (6) Banners displayed during each day of the tournaments; banners to be provided by City f. (1)1O'%1O'booth during each day ofthe sponsored tournaments g. (1) PA Announcement mention every 4 hours during each day of the tournaments h. (1)'8.5/'X11^promotional flyer inall sponsored tournonnenUs)cooch'mpackets |. (1)1OOpxbv75pxplacement intwo Gtorfinenewsletters j (1) Marketing email sent toall tournament participants k. (1) Rotating placement in the Starfire Media Center during the tournament season |. Mentions via8Lmrfipe's social media p|oUbrmn nn. Opportunities for City officials to participate in Tournament award presentations City of Tukwila 6zoOSouthcenterBlvd, Tukwila, mm98188 175 � / FO _ � "" � City of Tuk ""� . Event or Activity Name (if applicable): _ Amount of Lodging Tax Requested: Applicant Organization: Federal Tax ID Number: 2*1 Starfire Starfire Sports 47-0887811 A od � 4� 11 � ' � � Tax F Mailing Address: 14800 Starfire Way, Tukwila WA 98188 Primary Contact Phone: (206) 267-7417 Primary Contact Email Address: beno@starfiresports.com Primary Contact Name: Ben Oliver Check all the service categories that apply to this application: V Tourism promotion mrmarketing. °~ Operation ofa special event orfestival designed toattract tourists. */ Operation of a tourism -related facility owned or operated by a non-profit organization. Operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district. Check which one ofthe following applies toyour agency: v/ Non -Profit UNqte:Attach acopy mfyour current non-profit corporate registrationfmnrn the Washington Secretary ofState Office) Municipality For Profit Company |ennanauthorized agent ofthe organization/agency applying for funding. | understand that; = I am proposing a tourism -related service for 2019. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use ofCity property, |fapplicable. " My agency will be required to submit a report documenting economic impact results in a D forn'iatdetermined bvthe City. - - - ~ �� Signature: Printed or Typed Name: Ben Oliver 01/17/2019 176 1) Describe your tourism -related activity or event Starfire directly manages 11 soccer tournaments and over 30 third party events including 10 Seawolves games. These events draw people from all over the county, Canada and further aboard. Starfire Sports projected 2019 total attendance is over 1,300,000 visits. 2) If an event, list the event name, date(s), and projected overall attendance. See attached 3) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? Both 4) Describe why visitors will travel to Tukwila to attend your event/activity/facility. Starfire Sports is the epicenter of soccer not only here in the Pacific Northwest but nationwide. As not only the home of our Seattle Sounders FC and the Seattle Seawolves we are host to over 42 annual events ranging from the recreational youth players to professional players. Starfire's own tournaments bring over 110 teams in annually from Canada alone while our leagues and youth programs bring hundreds of day visitors to Tukwila every day of the week. 5) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). Starfire offers programs and events for people from all geographical areas with teams traveling from Germany to participate in our youth tournaments, the local community of kids who just want to come down and kick a ball to the professional athletes from National Teams, Major League Soccer and Mayor League Rugby who are here for trainings and games, to the players who participate in any one of our youth or adult programs. 6) Describe the prior success of your event/activity/facility in attracting tourists Starfire Sports generates over 117,000 unique visitors and about 1,300,000 visits annually. Of these visitors, roughly 7% travel more than 50 miles and stay in the area approximately 2-4 nights at a time. Starfire run tournaments averaged 23% of participating teams traveled more than 50 miles. 7) If this your first time holding the event/activity/facility provide background on why you think it will be successful. No we have been running these events with increased growth due to marketing efforts for over 14 years. 8) Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e-blasts, soci I media, etc.) your agency uses or intends to use to promote your event/activity/facility. Starfire will promote our events through email and online marketing/advertising/social media and new partners being formed with surrounding States. Our events will be listed on regional soccer 177 organization websites, including Washington Youth Soccer, BC Soccer, and Washington State Adult Soccer Association. We will also promote through email marketing to the Starfire database and those of local and regional soccer organizations, including statewide organizations and local soccer clubs. Events such as the US Open Cup, Seattle Seawolves matches, Seattle Sounders Women matches and Starfire's own 11 tournaments attracts visitors from all over Washington State as well as Alaska, Oregon, Idaho, Montana, California, Nevada and Canada to name a few. Most visitors, if not all, lodge and shop within approximately a 5 mile radius of Starfire Sports. Starfire works with local business' to help promote their products and services' ensuring the visiting dollar stays within the nearby community. 9) Describe how you will promote lodging establishments, restaurants, ent -rtainment establishments in the City of Tukwila. tellers, n We partner with the City, SSRTA and local business providing web space, and opportunities for handouts, emails etc. that is distributed to all tournament teams. Yes 10) Is the City able to use your digital and print media for collaborativ 11) Describe how you will use the name, "Tukwila" i event? ,•" marketing? publications, promotions, and for your Tukwila will not only be integrated into publications, promotions and the appropriate use of "Tukwila" #hashtags when using social media but also on all tournament branded materials including clothing. In the past this integration has seen the media talk more about Tukwila with regards to soccer, Starfire, the Sounders and now the Seawolves also. 12) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility. 1,300,000 b. Number of people who will travel fewer than 50 miles for your 150,000 event/activity. c. Number of people who will travel more than 50 miles for your event/activity. d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. 10,000 23% 178 e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. 5,000+!- f. the people staying overnight, the number of people who will stay in 4,750+/- PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 10,000+ 13) What methodologies did you use to calculate the estimates and wh . t methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? Team surveys and SSRTA Event Impact Calculator 14) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? No 15) Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? Room rebate on actual rooms tracked for Starfire tournaments in Meeting Max and as reported from Hotels. 16) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? Our annual marketing budget is just under $24,000 without the support of LTAC funding that allows us to market to traveling teams, attend team/marketing conferences for tournaments and event recruiting. 17) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? Outside marketing would be limited to free opportunity's that have had very limited success in the past and travel to team/marketing conferences would not be possible. 179 Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the City's Lodging Tax Advisory Committee. Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Or, Brandon. M iles@Tukwilawa.gov Questions? LTAC Contact: Brandon J. Miles (206) 431-3684 Brandon.Miles@Tukwilawa.gov. Updated: January 16, 2019 180 2019 Starfire Events Event Name Dates Youth/Adult PacNW Winter Classic Jan 11-13 Youth PacNW Winter Classic Jan 18-21 Youth PSPL ID Camp Jan 26-27 Youth Seawolves Rugby 27-Jan Adult WA Youth Founders Cup Feb 2-3 Youth WA Youth Presidents and Champs Cup Feb 8-10 Youth Seawolves Rugby 17-Feb Adult Sounders Mid Winter Break Camp Feb 18-22 Youth Saracens Rugby 23-Feb Adult Seawolves Rugby 24-Feb Adult USA vs Uruguay Rugby 2-Mar Adult USA vs Canada Rugby 8-Mar Adult Seawolves Rugby 10-Mar Adult Saracens, Rugby 16-Mar Adult Evergreen Cup March 29-31 Adult Seawolves Rugby 31-Mar Adult PSPL WA Cup Qualifier - HS Girls April 5-7 Youth Sounders Spring Break Camp April 8-12 Youth PSPL WA Cup Qualifier April 12-14 Youth Diego Moreno Fundraiser Event 20-Apr Adult Seawolves Rugby 21-Apr Adult WA Youth Presidents & Champs April 26-28 Youth Special Olympics May?? Youth WA Youth Presidents & Champs May 3-5 Youth WA Youth Presidents & Champs May 10 12 Youth Wa HS Girls Semi Finals 14 May Youth Wa HS Girls Finals 17-May Youth Wa HS Boys Finals 25 May Youth Seawolves Rugby 26 May Adult America Scores Jamboree June?? Youth WA G LAX Jamboree 1 Jun Youth PSPL Coaching Summit 1-Jun Adult Rain City 1-Jun Adult Seawolves Rugby 2-Jun Adult WALAX Summer Solstice June 7-9 Youth Spring Classic June 14-16 Youth Mount Rainier FC (Managed) June 21-23 Youth Sounder Summer Camp June 24-28 Youth 181 Zakuani & Friends 30-Jun Adult COPA Cup Julys-7 Adult PacNW College ID Camp July 8-9 Youth Seattle United (Managed) July 12-14 Youth Sounders FC Cup July 19-21 Youth Barcelona Camp July 22-26 Youth WSASA All Nations Cup July 26-28 Adult Sounder Summer Camp July 29-Aug 2 Youth Seahawrks Flag Football Aug?? Youth WSASA All Nations Cup Aug 2-4 Adult Elite 80 LAX Camp Aug 6-8 Youth Eastside FC (Managed) Aug 9-11 Youth Xtreme Cup Aug 16-18 Youth NWAC Friendlies Aug 22-23 Youth Kent City (Managed) Aug 23-25 Youth Sounder Summer Camp Aug 26-30 Youth Labor Day Cup Aug 30-Sept 2 Youth Saracens Rugby 7-Sep Adult Saracens Rugby 14-Sep Adult Seattle Academy Soccer Mania 27-Sep Youth Saracens Rugby 12-Oct Adult Saracens Rugby 19-Oct Adult Adrenaline LAX Oct 26-27 Youth BooFest 27-Oct Youth NWAC Semis and Finals Nov 15-17 Youth PacNW Fall Festival Nov 22-24 Youth Starfire Collegiate Showcase Nov 29-Dec 1 Youth Sounders Winter Break Camp Dec?? Youth Candy Cane Challenge Dec?? Youth Winter Warmer Dec?? Adult Turkey Shoot 1-Dec Youth WALAX Space Needle Shootout Dec 6-8 Youth Wa Youth Soccer Rec Cup Dec 13-15 Youth 182 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes January29, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Verna Seal Staff: David Cline, Brandon Miles, Stacy Hansen, Jack Pace, Ryan Larson, Laurel Humphrey Guests: Jeff Bauknecht & Robin Webster, Museum of Flight; Lisa Schwartz, Seattle Southside Regional Tourism Authority CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. 2018 Minor Home Repair Program Contract Staff is seeking Council approval for the Mayor to sign a contract with King County for the receipt of $90,000 in Community Development Block Grant funds for the 2018 Minor Home Repair Program. This program is administered by Tukwila Human Services and provides home repair services to low and moderate income homeowners. Tukwila serves as the fiscal agent for the contract which also includes Des Moines, Covington and SeaTac. In 2018 the program served 56 unduplicated households representing 75.50 hours of repairs. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. B. Applications for Lodging Tax Funds Staff is seeking Council approval of four applications for lodging tax funds as recommended by the Lodging Tax Advisory Committee: • Seattle Southside Regional Tourism Authority: $202,500 for 2019 and $202,500 for 2020 to support tourism promotion, marketing and sales activities • Museum of Flight: $100,000 to support marketing and events for the Smithsonian's traveling exhibit, "Destination Moon - The Apollo 11 Mission." • City of Tukwila: $127,045 for administrative costs associated with the lodging tax fund including .5 FTE and for a small grants program. • Starfire Sports: $44,500 to support the promotion and facilitation of leagues, events, and tournaments. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR CONSENT AGENDA. 183 184 CH, A GE A PSIS Initials Meeting Date Prepared by Mayor's review Council review icC1-1 01/28/19 RB 02/04/19 RB ITEM INFORMATION STAFF SPONSOR: RACHEL BIANCHI ITEM No, 5.A. ORIGINAL AGENDA DATE: 01/28/19 AGENDA ITEM TITLE Commissioning services contract for Fire Station 51 and the Justice Center CATEGORY K Discussion 1 Motion • Resolution I Ordinance E] Bid Award E Public Hearing I Other Mtg Date 1/28/19 Mtg Date 02/04/19 Mtg Dale Mfg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor EIHR EIDCD ]Finance DFire ETS EP&R Police EPIV Court SPONSOR'S SUMMARY The Council is being asked to allow the Mayor to execute contract to provide commissioning services for the Fire Station 51 and Justice Center projects. These services and fee are expected and a part of the Council -approved budgets for these projects. REVIEWED BY El C.O.W. Mtg. El CDN Comm El Trans &Infrastructure 111 Arts Comm. DATE: 01/22/19 Finance Comm. I Public Safety Comm. E Parks Comm. El Planning Comm. COMMI l'IEE CHAIR: ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $143,069 AMOUNT BUDGETED $143,069 APPROPRIATION REQUIRED $143,069 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/28/19 2/4/19 Forward to Regular Meeting MTG. DATE 1/28/19 ATTACHMENTS Informational Memorandum dated January 11, 2019 Draft Contract Minutes from the Public Safety Committee meeting of 1/22/19 2/4/19 No attachments 1 85 186 CIL A GE A PSIS Initials Meeting Dale Prepared by Mayor's review Council review 01/28/19 RB . - .. 02/04/19 RB ITEM INFORMATION ITEM No. 5.B. STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 1/28/19 AGENDA ITEM TITLE Construction Justice testing Center and inspection services contract for Fire Station 51 and the 1/28/19 Motion Date 02/04/19 El Ordinance Mtg Date E Bid Award Altg Date E Public Hearing Mtg Date E Other Mtg Date CATEGORY 0 Discussion r4 Resolution Altg Dale Mtg illtg Date SPONSOR E Council E Fire OTS EP&R Police EPIV E Court MayorrI • I-JR PDCD • Finance SPONSOR'S The Council is being asked to allow the Mayor to execute a contract to provide construction SUMMARY testing and inspection services for the Public Safety Plan — Fire Station 51 and Justice Center projects. These services and fee are expected and a part of the Council -approved budgets for these projects. REVIEWED BY . C.O.W. Mtg. CDN Comm II Finance Comm. Comm. CHAIR: 0 Public Safety Comm. n Trans &Infrastructure DATE: 01/22/19 Arts Comm. E Parks COMMI 1"1 EE U Planning Comm. ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $95,782 $95,782 $95,782 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/28/19 Forward to Regular Meeting MTG. DATE ATTACHMENTS 1/28/19 Informational Memorandum dated January 11, 2019 Draft Contract Minutes from the Public Safety Committee meeting of 1/22/19 2/4/19 No attachments 187 188 U CIL A GE IA PSIS Initials Meeting Date Prepared by Mayor's review Council review 02/04/19 Vicky ITEM INFORMATION ITEM No. 6.A. STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 2/4/19 AGENDA ITEM TITLE Adopt an Ordinance correcting a math error in the 2019-2020 general fund budget CATEGORY W Discussion 2/4/19 Ej Motion Mtg Date . Resolution r1 Ordinance MI Bid Award 111 Public Hearing Mtg Date E Other Mtg Date Mtg Date At Date Mtg Date 2/4/19 Mtg Date SPONSOR EljCouncil LjMqyor EHR •DCD @Finance EFire ETS EP&R Police DPW [Court SPONSOR'S Council is being asked to approve an ordinance that corrects a math error in the 2019-2020 SUMMARY general fund budget so that the legislation correctly reflects the Council's intent regarding the property and sales tax revenue budget. REVIEWED BY 0 COW. Mtg. 0 Trans &Infrastructure DATE: 1/28/19 E CDN Comm C Finance Comm. E Public Safety Comm. Comm. 0 Planning Comm. CHAIR: MCLEOD 11 Parks COMMIIIEE Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Finance Unanimous Approval; Forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 2/4/19 Informational Memorandum dated 1/23/19 Draft Ordinance Minutes from the Finance Committee meeting of 1/28/19 1 89 190 City of Tukwila Allan Ekberg, Mayor INFOR ATIO AL E ORA DU TO: Finance Council Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director CC: Mayor Ekberg DATE: January 23, 2019 SUBJECT: Correct math error in ordinance that adopted 2019-2020 biennial budget ISSUE The ordinance that adopted the 2019-2020 biennial budget contained a math error in the general fund. The general fund budget did not include Council's intent regarding the property tax or sales tax revenue budget. BACKGROUND At the work session with Council held on October 24, 2018 staff provided updated information on both property tax and sales tax revenue. The City had received updated property tax information from King County indicating that the property tax revenue budget could be increased by $250 thousand. Additionally, sales tax revenue in 2018 was exceeding budget by $132 thousand and exceeded prior year revenue by $1.26 million. Due to the increased sales tax collections, the budget for sales tax in 2019 was to be increased by $650 thousand. There was Council consensus to include these increases in the budget adoption ordinance. The ordinance to adopt the budget was approved by Council on December 3, 2018. DISCUSSION Due to a math error when drafting the budget ordinance, both the increase to property tax and sales tax revenue budgets were not included in the final ordinance presented to Council. This error impacted both 2019 and 2020 budgets and resulted in a general fund budget that was adopted $1.8 million less than it should have been. 2019 2020 Property tax $250k $250k Sales tax 650k 650k $900k $900k All other changes requested by Council were included in the budget ordinance. This ordinance is not amending the adopted budget, it corrects a math error. By correcting the math error, the budget will fully reflect Council's intent. RECOMMENDATION Staff is asking that this item be forwarded to the February 4, 2019 Regular Meeting for adoption. ATTACHMENTS Draft ordinance. 191 192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2597, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2019-2020 BIENNIUM, TO CORRECT A MATH ERROR IN THE AMOUNTS SHOWN FOR THE GENERAL FUND (FUND 000); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 3, 2018, the City Council of the City of Tukwila adopted Ordinance No. 2597, which adopted the 2019-2020 biennial budget of the City of Tukwila; and WHEREAS, a math error was discovered when reconciling the General Fund to the budget adoption ordinance; and WHEREAS, a correction to the budget adoption ordinance was presented to the City Council in a timely manner for their review; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2597 is hereby amended with the City Council's adoption of the corrected General Fund amounts for Expenditures and Revenues in the 2019-2020 Biennial Budget as shown below: FUND EXPENDITURES REVENUES 000 General $1/13,908,876 $1/13,908,876 $145,733,333 $145,733,333 W: Legislative Development\Budget ord for 2019-2020 amended to correct General Fund amts 1-17-19 VC:bjs Review and analysis by Barbara Saxton Page 1 of 2 193 Section 2. Copies on File. A complete copy of the budget for 2019-2020, as adopted, together with a copy of this amending ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. 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 and effect 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 , 2019. 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: Legislative Development\Budget ord for 2019-2020 amended to correct General Fund amts 1-17-19 VC:bjs Review and analysis by Barbara Saxton 194 Page 2 of 2 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes January28, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair; Verna Seal, De'Sean Quinn Staff: David Cline, Peggy McCarthy, Vicky Carlsen, Bruce Linton, Jeff Friend, Aaron Williams, Laurel Humphrey CALL TO ORDER: Chair McLeod called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Resolution: Business License Exemption for Outside Contractors Staff is seeking Council approval of a resolution that would update the business license fee schedule to exempt businesses without a physical presence and where gross revenue does not exceed $2,000. Following the adoption of this resolution the City can official transition the business license function to the State effective March 28, 2019. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11, 2019 COMMITTEE OF THE WHOLE. B. Ordinance: Correcting General Fund in the 2019-2020 Biennial Budget Staff is seeking Council approval of an ordinance that would correct a math error in the previous budget adoption ordinance, wherein $900k in property tax and sales tax revenue were not reflected per the Council's direction. Once corrected, the final budget books will be printed and distributed. Chair McLeod asked if this error would result in any process changes. Finance staff is planning to reevaluate and improve the internal budget development process overall. Staff asked for Committee permission to bypass Committee of the Whole in order to expedite the distribution of the budget books. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4, 2019 REGULAR MEETING. C. November 2018 General Fund Expenditure Report Staff presented the Committee with a financial update through November 2018, which describes the general state of departmental expenditures and to highlight significant trends. General Fund expenditures totaled $54.6 million as compared to the allocated budget of $57.9 million. When compared to the allocated budget, Human Resources, City Attorney, Court, Fire and Technology & Innovation Services are above budget. It is expected that when compared to the full budget at year-end these departments will be near or below budget. Staff will bring the preliminary December report to Committee when available, then present the year-end report to the full Council. DISCUSSION ONLY. 195 196 a CIL 4GE A 0 PSIS ILA 1.1, ) *-1 —I 0 2 905 Initials Meeting Date Prepared by Mayor's review Council review 02/04/19 BH ITEM INFORMATION ITEM No, 6.B. STAFF SPONSOR: BEN HAYMAN ORIGINAL AGENDA DATE: 02/4/19 AGENDA ITEM TITLE Approve fireworks permit for the Seattle Seawolves Rugby Team 2019 season CATEGORY •Discussion rI Motion Date 2/4/19 E Resolution Meg Date E Ordinance Mtg Date •Bid Award 0 Public Hearing Mtg Date •Other Mtg Date Mtg Mtg Date Meg Date SPONSOR U Council IlMayor EHR IIIDCD 'Finance VA Fire ITS EP&R [Police EPW ECoud SPONSOR'S Pyro & Fire FX, LLC on behalf of the Seattle Seawolves Rugby Team, has applied for a SUMMARY fireworks permit for the entire 2019 season. The fireworks will be used during their home games at Starfire Sports Complex. We are asking for an expedited schedule so that it is approved for the next scheduled home game on February 17, 2019. REVIEWED BY . C.O.W, Mtg. CDN Comm E Finance Comm. El Parks Comm. COMMI11EE CHAIR: ROBERTSON VA Public Safety Comm. Trans &Infrastructure . Arts Comm. U Planning Comm. DATE: 2/4/19 RECOMMENDATIONS: SPONSOR/ADMIN. COMMIFIEE Fire Marshal's Office; Fire Department Unanimous Approval; Forward to 2/4 Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: 0 Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/4/19 MTG. DATE ATTACHMENTS 2/4/19 Informational Memorandum dated 1/29/19 Fireworks Display Permit Packet 197 198 City of Tukwila Allan Ekberg, Mayor I FOR ATIONAL E ORANDU TO: Public Safety Committee FROM: Chief Wittwer BY: Ben Hayman, Fire Marshal CC: Mayor Ekberg DATE: 1/29/19 SUBJECT: Fireworks Permit Approval for the Seattle Seawolves 2019 Season ISSUE The Seattle Seawolves Rugby Team would like to have pyrotechnics used at their home games. BACKGROUND Pyro and Fire FX, LLC on behalf of the Seattle Seawolves Rugby Team has requested approval for a fireworks permits for the Seawolves 2019 season home games, pursuant to RCW 70.77 and TMC 8.12.020. Pyro and Fire FX will be using the devices in the follow manner. During the player intro videos, green and blue smoke SG18X grenades will be used. Then the players will enter the field between the two G-Flame units. During the national anthem the following pyrotechnics will be used: 4 comet 50's, Artillery plates, and 6 Mine 75's. The Cry 2 Jets are non -pyrotechnic devices which are fired after each score. DISCUSSION The Seattle Seawolves Rugby Team would like to use fireworks during the opening ceremonies. StarFire Sports is supportive of the use of fireworks and has provided written documentation for this support. Staff has reviewed the submitted documents and supports the request. These fireworks are similar to those used during Sounders and Seahawks games. Please note that the pyrotechnic display for the Seawolves games, do not have the size and complexity that are used during the July 4th event at Fort Dent. We are asking for an expedited schedule, so that it is approved for the next scheduled home game on February 17, 2019. FINANCIAL IMPACT None RECOMMENDATION Staff recommends that the application be approved at the February 4, 2019 Public Safety Committee meeting and then forwarded to the Regular City Council meeting that same night. ATTACHMENTS Washington State Public Fireworks Display Permit Packet 199 200 Below are example of the types of pyrotechnics that will be used during the Seawolves 2019 season and are similar to those used at Sounders and Seahawks games. 201 202 Sea !29/ 19 ed, autl Phis PE [3jt virtue orr1te pr Tukwila Fire Department OPERATIONAL PERMIT Pyro'and P1 [tie tott� and the coatditinns;_surroundt; and a by given and the p It Ni VI is granted for rrtritit r„ or pyrotechnicsped l c; lii eC tt^iEhfn tkt c trpe e Code adopted by I4800 Startire ukwila Ordtrtr dlitt ; s tl or trse o(anrr ttuantit y ttfe picys e, :d and accepted ota condition that tall Urdinanre arttvisStirt =non aettfpteda or thct%tt as hef tie he adulated. drill he et nip(i+rd i`Itl PER 5" IS_'>ltiki,'tit+iv9 Star is penttiidi'c nil take the place ofa utred by latv.ttrtd is not transferable., 'I c)Ccupat2et ofprent ss shrill regi T BE TE`D ON TIE PROM 203 204 January 24, 2019 City of Tukwila Fire Marshall Attn. Ben Hayman 444 Andover Park E. Tukwila, WA 98188 Dear City of Tukw a: This letter is intended to serve as approval by Starfire Sports allowing Pyre & Fire FX, E.LC to perform Seawolves game day pyrotechnics for the 2019 season home games. The approved pyrotechnics arid non -pyrotechnics are limited to: Streamers Cryo 2 Jets EG18X Smoke Grenade-1 blue, 1 green Galaxis G-Flame; Pyro-4 Comets, Artillery Plate, 6 Mines. All Pyro is to be on an 8'X8' rna Sean En Director cc,: Pyro & Fire FX, LLC Starfire Sports is a Washington State non -Profit corporation and is designated as a 501(cj charitable organization by the IRS, Starfire Sports Tax Identification Number: 47-0887811 14800 Starfire Way Tukwila, WA 98188 Phone: 206.431.3232 Fax 206.431,6811 www: starfiresports. corn info@starfiresports.corn 205 206 THiS FORM IS INTENDED TO BE USED AS A GENERIC PUBLIC DISPLAY PERMIT FOR THE AUTHORITY HAVING JURISDICTION AND PYROTECHNIC OPERATORS WITHIN THE STATE OF WASHINGTON WASHINGTON STATE PUBLIC FIREWORKS DISPLAY PERMIT Name of Event Street Address City Event Date .19C4Cj Applicant's/Sponsor's Name (t' Pyrotechnic Operator Experienced Assistant's Name General Display Company Name Applicant County Event Time i` l Ei i El AM KIPM Phone No. Ert(6. LLC License No. °-(' L (0(, Phone No. Attach a separate piece of paper and/or copies of the following documents: * The number of set pieces, shells (specify single or multiple break), and other items. * The manner and place of storage of such fireworks prior to the display. * A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of all buildings, highways, and other lines of communication; the lines behind which the audience will be restrained; and the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction. Documentary proof of procurement of Surety bond or public liability insurance. Local Fire Code Authority Authority Having Jurisdiction Name of Permitting Official Title Permit Granted: ❑ Yes Restrictions/Notations Phone No. Yes, with Restrictions (see "Notations" below) 0 No Signature of Permitting Official Date of Approval Permit Number If approved, this permit is granted for the date and time noted herein under the authority of the International Fire Code in accordance with Revised Code of Washington 70.77 and all applicable rules and ordinances pertaining to fireworks in this jurisdiction. This permit is INVALID unless in the possession of a properly licensed Pyrotechnic Operator, who is responsible for any and all activities associated with the firing of this show. MUST BE APPROVED BY THE AUTHORITY HAVING JURISDICTION 3000-020-050 (R 3,13) 207 PRODUCER DRAYTON INSURANCE BROKERS INC 2500 Center Point Rd #301 Birmingham, AL 35215 INSURED Pyro & Fire FX, LLC P.O. Box 193 Gig Harbor, WA 98335 ACDR L CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT NAME' PHONENn F.rr (205) 854-5806 vRESsgeorgine@dr aytonins.com FAx (A/C Nol' (205) 854-5899 . INSURER(S) AFFORDING COVERAGE INSURER A' ADMIRAL INSURANCE COMPANY INSURER B; INSURER C' INSURER D INSURER E IN,SURLR F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NAIC N 24856 INS LTR - TYPE OF INSURANCE ADDL INSD SU8R wv° POLICY NUMBER POLICY EFF MDYYYl POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY w(M�/Y .JMM/DO(YYYY) EACH OCCURRENCE 5 5,000,000 CLAIMS -MADE OCCUR DAMAGE I PREMISES �(Ea occurrence) S 100,000 MED EXP (Anyone person) S NONE A x CA000003209-28-1110 4/17/1B 4/17/19 PERSONAL 6ADV INJURY S 5,000,000 GGEEjjjN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 POLICY (.J PEC LOC PRODUCTS - COMP/OP AGG 5 Included OTHER' AUTOMOBILE LIABILITY — COMBINED SINGLE LIMIT (Ea auidenl) ANYAUTO BODILY INJURY (Per person)— S OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (PeraccidenI) 5 HIRED AUTOS ONLY _ NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accidenp S S —, UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIRE CLAIMS -MADE AGGREGATE S DE D u RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY r PER I MI' STATUTE L I ER Y/N ANY PROPRIETOR/PARTNE RIE %ECUTIVE OFFICER/MEMBER EXCLUDED? © N/A E.L. EACH ACCIDENT S (Mandatory in NH) E.L DISEASE- EA EMPLOYEE S If yes, describe under DESCRIPTION OF OPERATIONS below E_L, DISEASE - POLICY LIMIT A Stop Gap Liability CA000003209-28-1110 4/17/18 4/17/19 $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attachedil more space is required) Starfire Sports is included as an Additional Insured in respect of liability caused by the Named Insureds operations. Coverage does not apply to liability caused by the Additional Insureds negligent acts or omissions. CERTIFICATE HOLDER Starfire Sports 14800 Starfire Way Tukwila, WA 98188 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) The ACORD name and logo are registered ma 9 •15 ACORD CORPORATION- All rig t . •served. ACORD 208 2019 Sea olves SC e` u e January 27 @7:30pm February 17 @ 5pm February 24 @ 4 pm March 10 @ 5pm March 31 @ 5 pm April 21 @ 7 pm May 26 @ 5 pm June 2 @ 5 pm 209 210 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: January 30, 2019 SUBJECT: City Administrator's Report 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 • House Appropriations Committee: On January 14 Mayor Ekberg, along with a panel of other Mayors, testified before the House Appropriations Committee in Olympia regarding Streamlined Sales Tax Mitigation payments. • Annual United Conference of Mayors: Mayor Ekberg attended the 87th Annual United Conference of Mayors Winter Meeting in Washington DC January 23 - 25. 9 Board of Architectural Review Meeting: On January 24 the Tukwila Board of Architectural Review approved with conditions the Variance, Design Review Major Modification, and Subdivision Preliminary Plat applications for Phase 2 of the Osterly Park Townhomes. The Board also approved the Conditional Use Permit and Design Review application for Vietnamese Martyrs Church located at 6841 and 6847 S 180th St. II. Community Events • Tip -a -Cop: On January 24 the Tip -a -Cop event was held at the Old Spaghetti Factory and $1,500 was raised for the Special Olympics of Washington. The funds will be used for equipment, attire, venues and medical checks for athletes at each of the Special Olympics games. • Youth Basketball Program: On January 26 King County Councilmember Dave Upthegrove presented a $5,000 check to the Parks and Recreation Department for the Youth Basketball Program. These funds will be used for scholarships to over 90 players (1/3 of the league participants). • Tukwila Library Advisory Board: The Tukwila Library Advisory Board will be hosting the new King County Library System Director, Lisa Rosenblum, on February 5 at 5:30 PM at the Tukwila Community Center. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 211 City Administrator's Report January 30, 2019 Page 2 III. Staff Updates Public Safety • Homeless Camps: The Community Police Team is working with other city departments to clean up homeless camps and provide resources to those experiencing homelessness along Interurban Ave S. Project Updates • 42nd Ave Phase III: Estimated Completion: March 2019 Waiting to hear from Seattle City Light (SCL) about cutover work and removal of overhead power lines. Comcast is working on their overhead wire removal. After all other utilities have completed their overhead to underground utility conversions, CenturyLink will remove their remaining overhead wires and the utility poles. • 53rd Ave S: Estimated Completion: May 2019 The contractor is focusing on finalizing electrical services to residences as well as utility work related to installing the PSE gas line. It is anticipated that the base lift of paving will be installed in the first quarter of 2019. • BAR Bridge Rehabilitation: Estimated Completion: March 2019 Contractor continues to work on the sidewalk over the railroad and is anticipating sidewalk completion by the end of January. The contractor will look at shifting the traffic lanes in late January to complete incidental expansion joint work. Construction is on schedule for completion in March. • S 140th St/TIB Intersection Improvements: Bid set plans and specs are now complete for the two new crosswalks. Bid opening is scheduled for Feb 11 with the tentative bid award requested at the Feb 19 regular meeting. • Tukwila Village: The Food Innovation Network (FIN), which is a program of Global -to -Local, is working on a plan to open a mini -food hall that would be operated by a cluster of very small businesses. The mini -food hall would be located inside Building A, which is the building currently under construction. FIN is seeking funding for the food hall from the State legislature. • King County Metro Transit: King County Metro has applied for a building permit which will include a new bus base and maintenance facility with a project value of $3.6 million. • Holden at Southcenter: Holden at Southcenter has applied for a building permit for a 7 story, 134 unit assisted living community with a project value of $21.3 million. • Change in Business License Process: Staff from the Finance department, Economic Development and Communications are developing an outreach plan to notify businesses that effective March 15 business license applications and renewals will be processed through the State's portal. • Teen Program: Nate Robinson and 14 Teens for Tukwila members will be in Olympia January 27-28 attending Youth Action Day. They plan to meet with Senator Bob Hasegawa, Representative Steve Bergquist, and Representative Zak Hudgins Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 212 City Administrator's Report January 30, 2019 Page 3 Boards and Commissions • Arts Commission: Vacant Positions: Positions #3 and #7 Residents. • Civil Service Commission: No vacancies. • COPCAB: Vacant Position: School District Representative and Student Representative. • Equity & Social Justice Commission: Vacant Position: Student Representative. • Human Services Advisory Board: Vacant Position: Position #3 Resident. • Landmark Commission: No vacancies. • Library Advisory Board: Vacant Positions: Position #7 Resident & Student Representative. • Lodging Tax Advisory Committee: No vacancies. • Park Commission: Vacant Positions: Position #4 Resident & Student Representative. • Planning Commission: No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 213 214 TUKW|LAPUBUC SAFETY PLAN Monthly Update Overall Plan Outreach w Team anticipates 2 events for the public in 2019, starting with a ground breaking ceremony for FS51 on Saturday, March 30, 2019. Financial Oversight Committee 0 The Committee reported to council on September 4, 2018. Siting Advisory Committee w The Siting Advisory Committee voted todefer regular meetings asthe major decisions have been made, They will meet onanas-needed basis. Acquisition Lease Updates � Staff secured leases with nine businesses and expects tohave the remaining leases completed bythe end ofNovember. Disadvantaged Business Enterprise (DBE)Outreach 0 A formal update will be provided to the Council at the February 25, 2019 COW meeting. Near -term Council Decisions and Key Dates • Commissioning Consultant Contract toPublic Safety Committee and Council • Construction Inspections Consultant Contract to Public Safety Committee and Council • JC Architect Contract Amendment to Public Safety Committee and Council Fire Stations Siting ~ With Council approval received, the team completed demolition of the single-family home onthe Station 54site. • Team will be working on lot consolidation for Station 54 to consolidate the main parcel with the smaller parcel. Architecture and Programming 0 Architectural program has been reviewed and approved by the team. �1� � ~_.~ � Design and Permitting • Concurrent review and pricing of the Schematic Design by GCCM Contractor, Lydig, and estimating consultant has been completed and was shared with Council in February 2018. Council gave approval to begin Design Development for Station 51. • Design Development for Station 51 began mid -February; the team met meeting weekly. Design Development effort wrapped up in June, 2018 with Design Development pricing effort in July and August. • Construction Documents phase for Station 51 were completed and distributed to the team December 20, 2018. • Schematic Design phase underway for Station 52, planning to be complete by end of January. Estimating for Station 52 to begin when final Schematic Design plans are issued. • Building permit for Station 51 was submitted in October. Anticipate receiving approved permit approval in December in all areas except wetlands report. Permitting coordination meetings with City Staff are ongoing for Station 51 and Station 52. Station 52 anticipated to be phased permitting. Pre -application for Station 52 permit was submitted in November, 2018 and the pre -application meeting for Station 52 was held in December, 2018. Bidding and Construction • Pre -construction services starting for Station 51 and 52 are underway. • Lydig completed the selection of mechanical and electrical subcontractors through the Electric Contractor/Construction Management (ECCM) and Mechanical Contractor Construction Management (MCCM) selection process. Valley Electric and Johansen Mechanical Inc. were selected. With Council decision to not move forward with FS54, we cannot move forward with ECCM. MCCM method for mechanical subcontractor will provide for a consistent mechanical subcontractor for all three stations and will be able to provide critical expertise during the Design Development phase. This contract is managed by the GCCM under the pre -construction phase. • Bidding began for 51 in January, 2019 with construction for 51 to begin late March, 2019. Bidding and construction phases scheduled to begin for 52 in June, 2019. Early site work is anticipated to begin in July. Justice Center Siting • The City has agreements with all affected businesses on the Justice Center site. • The City has ownership of all properties on the Justice Center site with the exception of the Travelodge. The long -vacant building between Church by the Side of the Road and the Travelodge has now been demolished. The Travelodge is now empty, and the 216 project team is waiting on Seattle City Light to disconnect electrical service before they proceed with the demolition ofthis building. Architecture and Programming w DLR Grouu's Building Program Report was submitted December Oi 2017' Program and Estimate was presented to Public Safety Committee in December and Council in ]anuary,3DlG. Design and Permitting • DLRarchitects completed the Design Development phase ofthe project. The Design Development and budget was presented tothe Council inOctober. ° The project t2annhas completed the SEPA,Design Review, Conditional Use Permit and Parking Determination processes. TheSEpA determination was issued in November and the Conditional Use Permit and Design Review approvals were received in December. w DLR architects began the Construction Documents phase in October and issued the 95% Construction Documents in January, The 100% Construction Documents will be issued following receipt ofconstruction permits. • The project team submitted application for Public Works Permit (sitework/utilities) in November of3O1X,and application for Building Permit |nJanuary of3O19. Bidding and Construction • BNBuilders, the selected GC/CM, started pre -construction services following Council approval oftheir contract on March 19, 2018. • BNBuilders will continue to work with the team on design phases, constructability, cost estimating and scheduling throughout design and preconstruction. • BNBuj}derswill release the first subcontract bid packages inlate January. • Construction scheduled to begin in April, 2019 with hazardous materials abatement and demolition ofremaining buildings Onthe site, followed bygrading and underground utilities work. Public Works Pac|itV Siting • Due diligence items related tosite acquisition are complete. The assessment ofexisting structures iscomplete. ^ m The City has agreements with all of the businesses on the Public Works site. • The Public Use and Necessity trial was held Friday, May 25 and the City was granted its request. Architecture and Programming � Team solicited for Architectural services. Council approved a contract for programming and master planning services with 5HK5 in November 20I8. 217 w Master planning and programming phase began in late 2018, with regular meetings with Public Works staff. Master planning and programming bscheduled tobecompleted 1n May Df2O19. Design and Permitting 0 Phase I design scheduled to begin Q2 in 2019, after council approval. Bidding and Construction 0 Phases scheduled to begin in Q4 2019. � Based on Council direction to move forward with Station 51, Station 52, Justice Center and Public Works Facility ($30M), team has updated the budgets. Schedule February 2019 ~ Fire Station 52 schematic design estimate to Committee • Fire Station S2design development begins ~ Fire Station 53 parking determination application submitted • Survey Contract Approval toPublic Safety Committee and Council ° Trave|odge building demolition • Justice Center Public Works Permit (siteVvork/uti|ities)issuance March2DI9 • Fire Station 51 Construction Contract Approval to Public Safety Committee and Council • Justice Center Construction Contract (mini-MACC) Approval to Public Safety Committee and Council • Fire Station 51con6truct|0n begins • Fire Station 5lgroundbreaking event • Fire Station 52 parking determination received • Fire Station 52 SEPA application submitted • Fire Station S2conditional use/BAR applications submitted • Miscellaneous Consultant Construction Observation Contract Approvals to Public Safety Committee and Council Apri|2Dl9 • Justice Center Construction Permit (main building) issuance • Justice Center construction begins (bUUdingderncHitkon and hazardous materials abatement) 218 ~ Fire Station 53SEPAdetermination • Public Works programming complete May 2019 • Fire Station 52 design development cost estimating to Public Safety Committee • Fire Station 53 construction documents begin • Fire Station 52conditional use/BAR public hearing w Public Works programming and estimates toCommittee and Council June 2019 ~ Fire 5tation5l construction complete • Fire Station 52design development estimate toCommittee and Council • Fire Station SZ phase I (grading/wall) permit submitted • Fire Station 52 phase 1 bidding ~ Public Works phase Idesign begins July 2019 w Fire Station SI move -in • Fire Station 52phase l /gradins/vva|Upernnit received • Fire Station 52 phase (building) permit submitted • Fire Station 52 phase I Lyclig contract amendment to Committee and Council August]019 w Public Works Phase ldesign complete * Fire Station 5Icon5tructon documents begin w Fire Station 52 phase bidding Septernber2019 0 Fire Station 52 Lyclig contract amendment to Public Safety Committee and Council October 2039 • Fire Station 5Zphase 2(huj|ding) permit issued ~ Fire Station 52phase 2construction begins • Public Works Phase I construction contract approval to Public Safety Committee and Council NoVecnber2019 m Public Works Phase Iconstruction begins Qecenmber2O1g JanuarV2020 219 February 2020 • Public Works Phase 1 construction complete March 2020 • Public Works Phase 1 move -in September 2020 • Justice Center construction complete, start move -in 220 City of Tukwila - Facilities Plan TOTAL PROJECT MONTHLY Budget Report (REVISED Budgets; D-20 Plan Adopted by Council) Life to Date Costs as of Jan rare 25, 2019 (reconciled irlacctg that De • 31, 2018 Gld COUNCIL REPORTING SUlIMARY - JUS17CE CENTER A/EServices(bothDesign&'CA) Permits/Fees Construction (Pre -Con, Coast & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) Contingency for Site Contamination (soils,hasnat) Land Acquisition Contingency for Land Acquisition Original Midget 3,278,125 S 700,000 38,738,678 2,112,639 1,815,875 S 6,507,731 S - S 14,133,295 5 I 250,000 Budge( Tramiel, 221,575 $ - $ (11,315) $ 170,000 $ 296,721 $ (1,646,239) $ 750,000 S (81,042) $ 300,000 Current Badger 5 3,500,0003,141,729 709,000 $ 38,727,363 $ 2,282,639 $ 2,112,596 $ 4,861,492 5 750,000 S 14,052,253 $ 1,550,000 Conintifteil Midget 5 99,868 $ 563,671 $ 407,828 $ 1,967,303 S - $ - S 13,705,681 S 918,462 Lifr to Rafe COM Re11111111k Committed Remaining Midget Coit at Completion 1,705,300 99,868 282,108 242,726 S 870,929 S - S - 13,679,255 5 918,462 $ 1,436,429 $ - $ 281,563 $ 165,102 S 1,096,374 S - - $ 26,427 S - $ 358,271 $ 600,132 $ 38,163,692 $ 1,874,811 $ 145,293 S 4,861,492 $ 750,000 $ 346,572 $ 631,538 - $ - $ - $- S - $ - S - $ - $ - S 68,516,343 5 20,804,542 ,S 17,798,648 S 3,005,894 $ 47,731,801 S - COUNCIL REPORUNGSUILIVIRY - FIRE S7:4 770N 51 A/E Services (both Design 8c CA) Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) Original Budge $ 1,070,000 S - S 234,000 $ 9,396,000 $ 931,000 5 526,000 5 1,116,000 Ihillgel Trarrifert $ 222,781 S - S - $ - $ - S - $ (222,781) Carrent nudger $ 1,292,781 S - $ 234,000 $ 9,396,000 $ 931,000 S 526,060 $ 893,219 Committed Rodger $ 1,236,572 $ - S 34,557 $ 165,000 5 133,546 5 344,681 S - ofr to MO Coo, &Wining Committed Remaining Budget Coil of Completion S 747,820 S - $ 34,557 t S 99,273 $ 80,187 S 120,475 ; S - $ 488,751 S - 5 - 5 65,727 S 53,358 $ 224,206 , $ $ 56,209 S - 5 199,443 S 9,231,000 $ 797,454 5 181,319 5 893,219 5 - $ - S _ $ - S - 5 - $ - 5 13,273,000 5 1,914,355 S 1,082,313 5 832,043 S 11,358,645 S - COIM7L REPOR77NGSW WA RI' - FIRE ST4 770N 52 Original Rodger Bodge, Mintier, Owen( Illidgin Committed Bodge] Life. Date Conic Rimming Committed Remaining Urntgri (rotat Compterime 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 (incl Construction & Project) S 1,415,000 S 16,000 $ 353,000 $ 13,298,00(1 $ 1,398,000 5 787,000 5 1,343,000 5 234,222 $ 5 - $ 456,500 S - S - $ (40,722) $ 1,649,222 16,000 S 353,000 5 13,754,500 5 1,398,000 5 787,000 5 1,302,278 $ 1,548,449 5 17,157 5 - $ 137,500 5 393,815 5 532,289 $ - i 5 252,910 5 17,157 S - 5 - ' $ 16,258 5 187,089 s $ - $ 1,295,539 S 0 $ - S 137,500 S 377,557 S 345,200 $ - $ 100,773 5 (1,157) S 353,000 S 13,617,000 5 1,004,185 S 254,711 1,302,278 $ _ $ - $ - S _ S _ $ . 5 - 5 18,610,000 S 650,000 5 19,260,000 S 2,629,210 S 473,413 S 2,155,797 5 16,630,790 COUNCIL REPORTING SIM:11AR Y - FIRE ST-1770N ,1 5 Se ''c th D i CA Land Acquisition Permits/Fees Construction (Pre -Con, Const & Tax) Construction Related Costs Oriel Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) Original Midget ,0 5 902,668 5 20,000 $ 230,000 $ 50,000 $ 107,500 5 41,832 Budget rranifer. 7, ) 5 25,596 5 - 5 - 5 9,875 5 - 5 (28,471) Current Bodge 5 143,000 S 928,264 5 20,000 5 230,000 $ 59,875 S 107,500 $ 13,361 Committed Midget $ 832,995;5 5 928,265 S 1,517 $ 106,700 $ 44,752 S 106,665 $ . 1 OB r fa are Coin Reaming Coniniittml & weaning Midget o Con Coat ipktion 131,495 S 928,165 1,517 67,856 22,798 84,815 , - S 1,500 ' 5 100 J S - $ 38,844 S 21,954 5 21,850 $ - 10,005 $ S 18,483 $ 123,300 5 15,123 S 835 $ 13,361 5 - - 5 .. S - - S _ $ _ 1,502,000 5 - S 1,502,000 S 1,320,894 1 5 1,236,646' 84,248 5 181,106 S COUNC71. REPORTING SI MIL-IR r - PLYILIC ll'ORIO.'J A/E Services (both Design & CA) Land Acquisition Permits/Fees Construction (Pre -Con, Coast & Tax) Construction Related Costs (incl Bond) PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) Original Reidget 5 767,385 5 22,000,046 5 110,000 5 4,950,000 5 529,036 5 668,426 5 975,107 Bioko Traffifert $ 15,000 S 3,333,913 $ (20,000) S (1,842,500) 5 (4 [6,293) S (348,426) S (721,694) Owen, Iliolgo S 782,385 5 25,333,959 5 90,000 S 3,107,500 S 112,743 5 320,000 5 253,413 Committed linilgo S 318,882 $ 25,294,683 S S - $ 65,643 $ 279,832 5 - Life ell Dare Cinti Retuning Committed Remaining Inidget OM at Compktion S 33,393 5 25,292,483 - S - 5 50,471 t S 129,585 S 5 285,489 $ 2,200 - $ 15,172 S 150,247 S 463,503 $ 39,276 90,000 5 3,107,500 S 47,100 $ 40,168 253,413 $ . $ $ _ S $ _ S - 5 - 5 30,000,000 5 25,959,040 S 25,505,932 S 453,108 4,040,960 - N N N TUKWILA PUBLIC SAFETY PLAN FIRE STATION 5 NE PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY ARE 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 Ni cA) 2016 2017 2018 2019 2020 .111111111.1111111•1111111111=111111111=1. UliD 2021 PROJECT A/E PROCUREMENT PROGRAMMING DESIGN/PERMITTING BIDDING/CONSTRUCTION MOVE-IN/OCCUPANCY 224 Upcoming Meetings & Events February 2019 4th (Monday) 5th (Tuesday) 6th (Wednesday) 7th (Thursday) 8th (Friday) 9th (Saturday) D Arts Commission, Special Meeting 5:00 PM (Community Center) Public Safety Cmte, 5:30 PM (Hazelnut Conference Room) City Council Regular Mtg., 7:00 PM (Council Chambers) D Transportation & Infrastructure Cmte., 5:30 PM (Hazelnut Conference Room) D Library Advisory Board, 5:30 PM (Community Center) D Equity & Social Justice Commission, 5:15 PM (Hazelnut Conference Room) 11th (Monday) 12th (Tuesday) 13th (Wednesday) 14th (Thursday) 15 h (Friday) 16th (Saturday) Civil Service Commission, 5:00 PM (Human Resources Conference Room) D Finance Cmte, 5:30 PM (Hazelnut Conference Room) D City Council Committee of the Whole Mtg. ' 7:00 PM (Council Chambers) D Community Development & Neighborhoods Cmte., 5:30 PM (Hazelnut Conference Room) D. Tukwila International Boulevard Action Cmte, 7:00 PM (Valley View Sewer Dist., 3460 S 148th) D Park Commission, 5:30 PM (Community Center) D COPCAB, 6:30 PM (Duwamish Conference Room) Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallaway 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 Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206-431-2197 > Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Cheryl Thompson at 206-433-1850. >Finance Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. > Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2.342. > Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. > Planning Commission/Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. >Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993 (A) Fireworks permit for the Seattle Seawolves Rugby Team for the 2019 season. (B) Public Safety Committee 2019 Work Plan review. >Transportation and Infrastructure Committee: 1st & 3rd Tues., 530 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) 42'd Ave S/Allentown Bridge Replacement Grant Application. (B) 2019-2020 King County Solid Waste Recycling Grant Acceptance. (C) Miscellaneous projects. > Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59' Avenue S. Contact Louise Jones -Brown at 206-244-4478. >Tukwila Inel. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Linton at 206-433-1815. 225 Tentative Agenda Schedule MONTH February 4 MEETING 1 - REGULAR See agenda packet cover sheet for this week's agenda: February 4, 2019 Regular Meeting. MEETING 2 11 Special Presentation: 2018 Tukwila Green Works award for Business Recycler of the Year. Special Issues: A resolution amending the business license fee schedule to highlight the $2,000 exemption for outside contractors. MEETING 3 - REGULAR 19(Tuesday) Public Hearing: A Quasi -Judicial hearing to consider an Unclassified Use Permit — King County Metro Interim Base. Unfinished Business: -Unclassified Use Pe nit — King County Metro Interim Base. -A resolution amending the business license fee schedule to highlight the $2,000 exemption for outside contractors. MEETING 4 - CO W 25 226