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HomeMy WebLinkAboutREG 2019-05-20 COMPLETE AGENDA PACKETTukwila City Council Agenda ❖ REGULAR MEETING ❖ ` I LA 90S Allan Ekberg, Mayor Councilmembers: •:• Dennis Robertson ❖ Verna Seal David Cline, City Administrator •:.De'Sean Quinn •:.Kate Kruller Kathy Hougardy, Council President •:• Thomas McLeod •:• Zak Idan Monday, May 20, 2019; 7:00 PM • Ord #2606 • Res #1959 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATIONS a. Update on the Small Business Development Center and StartZone Program. Rich Shockley, Executive Director, Small Business Development Center. b. Update on the King County -Cities Climate Collaboration. Rachel Brombaugh, Energy Policy and Partnerships Specialist; and Megan Smith, King County Director of Climate and Energy Initiatives. P9.1 Pg.15 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 listed 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: 5/6/19 (Regular Mtg.) b. Approval of Vouchers c. Authorize the Mayor to sign Change Order #4 to contract #17-090 with Active Construction, Inc. (ACI) for the 42nd Avenue South Phase 3 Project in the amount of $1,050,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 5/7/19.] d. Award a bid and authorize the Mayor to sign a contract with Tucci and Sons, Inc., for the 2019 Overlay and Repair Program in the amount of $1,286,764.50 (plus contingency). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 5/7/19.] e. Authorize the Mayor to sign Amendment #2 to contract #18-199 with KPG, Inc., for construction management services for the 2019 Overlay and Repair Program Project in the amount of $179,576.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 5/7/19.] f. Authorize the Mayor to sign Amendment #6 to contract #15-159 with KPG, Inc., for the 53rd Avenue South Project (South 137th St. to South 144th St.) in the amount of $259,770.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 5/7/19.] g. A resolution appointing the Finance Director for the purpose of designating certain expenditures for reimbursement from bonds that may be authorized and approved by the City for issuance in the future. [Reviewed and forwarded to Consent by the Finance Committee on 5/13/19.] (continued...) Pg.43 Pg.55 Pg.71 Pg.87 Pg.101 REGULAR MEETING Monday, May 20, 2019 Page 2 4. CONSENT AGENDA (cont.) h. Authorize the Mayor to sign an application for Community Development Block Grant (CDBG) funds for the 2020 Minor Home Repair Program in the amount of $100,000.00. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 5/14/19.] i. Approve an application for lodging tax funds from the City of Tukwila for an International Food Truck Roundup, in the amount of $5,000.00. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 5/14/19.] P9.111 P9.137 5. NEW BUSINESS a. Authorize the Mayor to sign the Collective Bargaining agreement with the Fraternal Order of Police representing the Police Commanders for 2019-2021. b. Authorize the Mayor to sign the Collective Bargaining agreement with the Tukwila Police Sergeants Association for 2019-2021. P9.151 P9.171 6. REPORTS a. Mayor b. City Council c. Staff -City Administrator Report d. City Attorney e. Council Analyst - Monthly Report from the Program Management Quality Assurance (PMQA) provider for the Public Safety Plan P9.221 Pg.225 7. MISCELLANEOUS 8. EXECUTIVE SESSION — Collective Bargaining — Pursuant to RCW 42.30.140(4)(a); and Potential Litigation — Pursuant to RCW 42.30.110(1)(i) — 60 minutes total 9. ADJOURNMENT Reasonable City Clerk's Office www.tukwiiawa.gov, Tukwila City Hall is ADA accessible. accommodations are available at public hearings with advance notice to the (206-433-1800 or TukwilaCityClerk©TukwilaWA.gov). This agenda is available at and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.ciov) 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 fonn 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. Highline Economic and Business Development Programs Global Trade & Supply Chain Management CStart Zone An Initiative of Highline College Who We Serve StartZone: Underserved Communities - limited English proficiency (LEP), minority, immigrant, low -and -moderate income SBDC: Established or "promising startups," often with industry experience CStart zone An Initiative of High ine College SHIN ON Services and Training We Offer Sta rtZo n e No cost one-on-one business advising geared towards pre and early startups. Training • Reality Check 4-part series in English and Spanish • Business Online Marketing series • Tax workshops for small businesses • Specialty Initiatives ➢ Adult Family Home ➢ Urban Farming ➢ Food startups art Zone An Initiative of Highline College WASHIN ON Services and Training We Offer SBDC Primary service is confidential, no cost one-on-one business advising to established or "promising startups," often with industry experience. Training and Services • Online Marketing • Profit Mastery — Financial Education • New to Export • Research service for businesses fw Start Zone An Initiative o Highline CoI ego WASHIN ON Our Activity and Results StartZone SBDC 2018 2018 Group classes - 18 Helped 251 businesses / 1973 hours Technical assistance - 192 clients served 27 Business starts Job creation and retention - 18 41 Jobs created and 10 retained Business starts - 8 Increase is revenue $3,633,000 Micro loans - $10,000 Capital Investment $5,051,650 * Over 78% of the businesses StartZone helped are still in business An Initiative ©f Highline College WASHIN ON Tithr StartZone Client Stories Worked with the city to assist a client relocate from the Justice Center property to a new location in south King County. Retained 1 job and their livelihood. "They (SBDC advisors) are everything you would want when you need advice, are try- ing to grow your business, or are applying for a loan." Danny House, Owner Dan the Sausageman KijKpRjZh JP (9) cern Shockley helped..."This is where we are now, this is where we want to be. How do we get there?" Grant Jones, co-owner KuKuRula Gourmet Popcorn, Seattle, WA Three Trees Yoga owners: Jeni Martinez, "We never leave our advisor's office Suzy Green and Karen Schwisow without at least three great ideas, three action items and renewed focus and en- ergy for our business." Suzy Green, Co -Founder Three Trees Yoga, Federal Way, WA Verjee, a 2009 graduate of the entrepreneurship program at Babson College in Massachusetts, said he understands business plans and scalability and executing a good idea to its fullest potential. He also understands the value of the good advice and an experienced sounding board, both of which he found at the Washington SBDC. Jack Walsh, owner Sub Zero Ice Cream "Rich gave advice and feedback and helped us significantly," Walsh said. Jack Walsh, owner Sub Zero, Federal Way, WA SBDC Client Stories Business was selected by Highline College to provide table gifts to the sponsors at the Highline Foundation Gala Start Zone An Initiative of Highline College WASHIN ON Funding Support From Our Cities StartZone Established in 2008 Funding * Need —stable long term funding $120,000 Port of Seattle (2019) City of Burien City of Renton City of Federal Way (2019) SeaTac, Tukwila, Des Moines, etc. (funding eliminated 2019 — King County CDBG) An Initiative of High(ine Coliege $50,000 $20,000 $15,000 $30,000 WASHIN ON Funding From our Partners Established at Highline College in 2002 Funding SBA /Congress (requires $1 for $1 match) $118,000 Soundside Alliance $ 50,000 Soundside Alliance one time support (2 year —ends 2019) $ 27,600 City of Federal Way $ 20,000 Federal Way Chamber one time support $ 15,000 Highline College $ 15,000 An Initiative o Highline College SHIN ON Highline College Economic & Business Development CStart Zone An Initiative of Highline Coliege WASHINGT !MATE COLLABORATION Briefing on the King County -Cities Climate Collaboration (K4C) Tukwila City Council Monday May 20, 2019 Megan Smith, Director Climate and Energy Initiatives, King County Executive Office Rachel Brombaugh, Energy Policy and Partnerships Specialist, King County Executive Office 01 IS)! CITYPort sFIO ' NE of Seattle K4C partners together represent 1.6 million people and 81r/n et King County's population. KING COUNTY ITY OF MERCER ISLAND KENT City of Seattle • Formal but voluntary collaboration to reduce carbon emissions • Our work is guided by the Joint County -City Climate Commitments • Partners agree to work on shared climate goals that also support a resilient regional economy. • Partners support the shared vision, but may not pursue each action. Partners will pursue strategies that are impactful and appropriate for their jurisdiction. -:1 countyw fiint carbop pollution • Commitments cover transportation and land use, energy supply, green building and efficiency, forests, and government operations topic areas. • Collaborate on goals & measuring progress • Share experiences and learn from each others' success and challenges • Pursue grants, funding & resources • Coordinate outreach and messaging • Raise the profile of climate work • Share staff training & expertise • Engage elected officials and other leadership • Speak with a collective voice for greater impact K4C Elected Official Summits 2x per year K4C Partner Staff in 2016 Climate change impacts our health, economy and environment. WHAT IS THE RISK FOR OUR REGION NOW AND IN THE FUTURE? IF WE DON'T ACT NOW, THE COSTS AND CONSEQUENCES WILL GROW. Increasing stress for salmon. Changes in habitat important to local species. Impacts on forests from Insects, disease and fire. More harmful algal blooms In lakes and Puget Sound. Greater risks to homes, businesses, and infrastructure from increased coastal and river flooding. Marine -based economies suffer as fish and shellfish diminish. Increased summer drought stress. Health impacts from heat exposure. Increased risks for people with asthma and heart illness due to more summer air pollution. Changes in Illnesses carried by ticks and mosquitos. Greater risk of injury and property damage from more extreme weather events. • High impact: King County cities under 100,000 residents are 44% of total population • 98% of new growth in King County is happening in urban areas. • Local governments have impact and influence on climate policies: — Land use and transportation planning; — Building codes; — Purchasing; — Renewable energy production; — Weighing in on federal and state policies for electricity supply, clean vehicles and fuels, and energy efficiency. • Growing constituent interest in climate issues. • Climate action can save money and resources. Technical Analysis • Clean Electricity Pathways Study • Countywide Greenhouse Gas Inventory • Scope 5 Measurements Communications • Sustainable City Roundtables • Scope 5 dashboards • Customizable Infographic • Case studies 1\) Capa ity ilding Funding • Fleet Managers Workgroup • Cities -Fund to Reduce Energy Demand: development of new loan program for cities • GreenTools and Regional Code Collaboration High Performance Green Building Implementation Tools Elected Official Action • Green Direct development and enrollment • Joint comments and testimony on energy and climate policies • State legislative session • Utility regulatory proceedings >. Federal climate policy ACHIEVING COUNTYWIDE GHG EMISSIONS TARGETS -THE IMPACT OF K4C PATHWAYS 17,000,000 a) metric tons CO emissions Greenhouse gas 000,000 13,000,000 11,000,000 9,000,000 7,000,000 5,000,000 2012 KING COUNTY- CUMATF COLLARORATION New Energy Cities 50% GHG EMISSIONS REDUCTION BY 2030 2017 2022 Year 2027 2030 Corporate Average Fuel Efficiency Standards Washington State Clean Energy Standard Washington State Energy Code 15% Cleaner Transportation Fuels 20% Vehicle Miles Traveled Reduction 25% Building Energy Use Reduction 20% Increase in Renewable Electricity, No More Coal, and Limited New Natural Gas for Electricity Continue to support focused work of the Elected Outreach Committee for state level engagement and recruitment. • Develop and use 2019 K4C Legislative Interests. • K4C Elected Officials have testified at 8 legislative hearings in the 2019 session supporting clean energy, building and appliance efficiency, and clean fuels bills that align with K4C shared interests. • Outreach Committee members are following utility regulatory proceedings. • Recruit new partners to join the K4C. • Share the importance of climate action: VALLEYRECORD News Sports Life Business Opinion Calendar Letters to the Editor OPINION: State action essential for clean energy future A shared guest opinion from March 8, 2019. • Budget supports programs and work plan. • Focus areas for 2019, based on elected official priorities identified at Oct. 2018 Summit: • Measure and manage GHG emissions with common reporting platform • Reduce government operations' energy use with support for building energy efficiency retrofits (partner with utilities for facility walkthroughs, ID lighting retrofits, leverage utility incentives, King County loan program) • Engage and inform residents and City council about key priority actions ways to get involved • Reduce community scale building emissions by mapping path to net zero commercial buildings • Improve tree canopy by sharing policy, studies and best practices • Shared approaches for integrating climate change considerations into city Comprehensive Plans and/or sustainability plans • K4C Elected Official Summits • June 10th, 1:30 — 4:00 pm, King Street Center, Seattle • October 7th, 1:30 — 4:00 pm, location TBD • K4C Outreach Committee • Weekly conference call • Engagement Opportunities related to the 2020 Update of King County's Strategic Climate Action Plan • Topic — based convenings: green building, mobility, forest health, energy supplies • Public meetings to be held later in Fall 2019 covering broad range of topics • Results of technical studies and discussion of updated joint commitments on agenda of June 10 Summit • 2020 SCAP will have 3 sections: ✓ Section 1: Reducing Greenhouse Gas Emissions ✓ Section 2 (new): Sustainable and Resilient Communities ✓ Section 3: Preparing for Climate Change Impacts • Work to continue through out 2019 and early 2020 • Review city and county best practices • Update community -scale emissions inventory with consultant support • Update "Wedge" analysis in coordination with K4C partners • Update K4C Priority Action Commitments Thank you! o n ta ts Rachel Brombaugh: Rachel.Brombaugh@kinqcounty.qov; 206-206-9633 Matt Kuharic, K4C Co — chair: Matt.Kuharic@kinqcounty.qov; 206-477-4554 28 rn CLIMATE COLLABORATION KING COUNTY— C Joint Letter of Commitment: Climate Change Actions in King County Climate change is a paramount challenge of this generation and has far-reaching and fundamental consequences for our economy, environment, public health, and safety. Across King County and its cities, we are already experiencing the impacts of climate change: vv8rrninQ temperatures, acidifying marine vvatRr8' rising 8OaG, decreasing mountain SnOvvpaCk' and |eSS vvRker in Stre@rnS during the Surnrner. mo/wm SEA TEMPERATURES SNuWPACK oscnsAs/wsMTm SUMMER � I These changes have the potential for significant impacts tVpublic and private property, resource based economies like agriculture and fnnaotrK and to residents' health and quality of life. The decisions we make locally and regionally, such as where our communities will grow and how they will be Served by transportation, will Set the stage for SuCCeSS or failure in reducing carbon pO||uUOn, making sound long-term investments, and ensuring our communities are livable and resilient toclimate change impacts. Current science indicates that to avoid the worst impacts 0fglobal warming we need to reduce global greenhouse gas emissions sharply. The King County Growth Management Planning Council - a formal body of elected 0ffiCi8|S from @Cn}SS King County voted unanimously on July 28. 2014 to adopt 8 shared target to reduce countywide sources of greenhouse gas (GHG) emissions, compared to a 2007 baseline, hy2596by202O'5O96by2O3O.and 8096by2050. Based 0Oour shared assessment Ofemissions inKing County, and review Of potentialstrategies t0 reduce emissions, we believe that these targets are ambitious but achievable. Building Dnthe work Vfthe King County -Cities Climate Collaboration /K4C\ @ partnership between the County and cities to coordinate and enhance local government climate and sustainability efforts - more than adozen cities and the County came together inthe first half Of2O14t0chart opportunities for jOint actions to reduce GHG emissions and accelerate progress towards a clean and sustainable future. The attached Principles for Collaboration and Joint County -City Climate Commitments are focused on pr8CtiC8|, near -term, collaborative opportunities between cities and King County. These shared commitments build on the significant work that many of our cities and County are already taking. By signing this letter, we pledge our support for the shared vision that these principles and actions represent. Our cities commit to actively pursue those strategies and catalytic actions where our jurisdictions can make the most irnp8C1 given our size, |OC8fiOn. and development patterns. Through focused, coordinated action, we will maximize the impact of our individual and shared efforts. 29 0 0 Dow Constantine King County Executive Bruce Basset G cou Ty-0 CLIMATE COLLABORATION Mayor, City of Mercer Island tact Shari E. Winstead Mayor, City of Shoreline Edward B. Murray Mayor, City of Seattle 'AMY Walen Mayor, City of Kirkland Fred Butler Mayor, City of Issaquah Tom Vance Mayor, City of Sammamish es Larry Phillips King County Council Chair Matthew Larson Mayor, City of Snoqualmie m Haggerton Mayor, City of Tukwila Denis Law Mayor, City of Renton John Marchione Mayor, City of Redmond -77 I_ Claudia Balducci, Mayor, City of Bellevue 30 Lucy Krakowiak Mayor, City of Burien 4 G COU Ty- C CLIMATE COLLABORATION es Climate change is the paramount challenge of our generation, and has fundamental and far-reaching consequences for our economy, environment, and public health and safety. Strong action to reduce GHG emissions is needed, and the time is now. Local governments can reduce greenhouse gas (GHG) emissions through many decisions related to transportation and land use, energy and green building, forests and farms, and consumption and materials management. Many cities in King County have set individual climate goals and are taking steps to reduce local GHG emissions, and we need to build on this leadership. Local solutions need to be implemented in ways that build a cleaner, stronger and more resilient regional economy. Progress will require deeper engagement with communities of color and low income, immigrant, and youth populations. These communities can be more vulnerable to the impacts of climate change -from increasing flood risks to rising costs of fossil fuels - and historically less likely to be included in community -scale solutions or as leaders. We are committed to work in ways that are fair, equitable, empowering, and inclusive and that also ensure that low income residents do not bear unfair costs of solutions. Federal and state policies and laws can help us achieve our goals, but countywide and local policy, programs and partnerships are needed to fill the existing gap to achieve local GHG targets. Progress will require deep partnerships between the County, cities, utilities, businesses, nonprofit organizations, and other public sector agencies. King County and nine cities have formed the King County -Cities Climate Collaboration (K4C), and we will work to build on this initial pledge, both in increased action and increased participation from additional cities. We can accomplish more with a shared vision and coordinated action; collaboration will increase the efficiency of our efforts and magnify the impact of our strategies beyond what each of us could achieve on our own. Our cities support the shared vision that the Joint County -City Climate Commitments represent, but it is not the intention that each city will pursue every catalytic action. Cities and King County will actively pursue strategies where they have the most impact and influence. We will reconvene at least annually to share progress. We also dedicate a staff point person from our cities and from the County to help coordinate implementation of the following Joint County -City Climate Commitments, and to serve as a point person to the K4C. 31 cou Ty- C ties CLIMATE COLLABORATION 000 . Shared Goals Pathway: Adopt science -based countywide GHG reduction targets that help ensure the region is doing its part to confront climate change. Catalytic Policy Commitment: Collaborate through the Growth Management Planning Council, Sound Cities Association, and other partners to adopt countywide GHG emissions reduction targets, including mid-term milestones needed to support long-term reduction goals. Catalytic Project or Program: Build on King County's commitment to measure and report on countywide GHG emissions by sharing this data between cities and partners, establishing a public facing dashboard for tracking progress, and using the information to inform regional climate action. Climate Policy Pathway: Support strong federal, regional, state, countywide and local climate policy. Catalytic Policy Commitment: Advocate for comprehensive federal, regional and state science -based limits and a market -based price on carbon pollution and other greenhouse gas (GHG) emissions. A portion of revenue from these policies should support local GHG reduction efforts that align with these Joint County -City Climate Commitments, such as funding for transit service, energy efficiency projects, and forest protection and restoration initiatives. ill Transportation and Land Use Pathway: For passenger vehicles and light trucks, reduce vehicle miles traveled by 20% below 2012 levels by 2030 and GHG emissions intensity of fuels by 15% below 2012 levels by 2030. Catalytic Policy Commitment: Partner to secure state authority for funding to sustain and grow transit service in King County. Catalytic Policy Commitment: Reduce climate pollution, build our renewable energy economy, and lessen our dependence on imported fossil fuels, by supporting the adoption of a statewide low carbon fuel standard that gradually lowers pollution from transportation fuels. Catalytic Policy Commitment: Focus new development in vibrant centers that locate jobs, affordable housing, and services close to transit, bike and pedestrian options so more people have faster, convenient and low GHG emissions ways to travel. Catalytic Project or Program: As practical, for King County and cities developing transit oriented communities around high capacity light rail and transit projects, adopt the Puget Sound Regional Council's Growing Transit Communities Compact. For smaller cities, participate in programs promoting proven alternative technology solutions such as vehicle electrification, as well as joint carpool and vanpool promotional campaigns. 32 COU Ty- C CLIMATE COLLABORATION 00 IV. Energy Supply tes Pathway: Increase countywide renewable electricity use 20% beyond 2012 levels by 2030; phase out coal-fired electricity sources by 2025; limit construction of new natural gas based electricity power plants; support development of increasing amounts of renewable energy sources. Catalytic Policy Commitment: Build on existing state renewable energy commitments including the Washington State Renewable Portfolio Standard (RPS) to partner with local utilities, state regulators and other stakeholders on a countywide commitment to renewable energy resources, including meeting energy demand through energy efficiency improvements and phasing out fossil fuels. Catalytic Project or Program: In partnership with utilities, develop a package of county and city commitments that support increasingly renewable energy sources, in areas such as community solar, green power community challenges, streamlined local renewable energy installation permitting, district energy, and renewable energy incentives. V. Green Building and Energy Efficiency Pathway: Reduce energy use in all existing buildings 25% below 2012 levels by 2030; achieve net -zero GHG emissions in new buildings by 2030. Catalytic Policy Commitment: Join the Regional Code Collaboration and work to adopt code pathways that build on the Washington State Energy Code, leading the way to "net -zero carbon" buildings through innovation in local codes, ordinances, and related partnerships. Catalytic Project or Program: Develop a multi -city partnership to help build a regional energy efficiency retrofit economy, including tactics such as: collaborating with energy efficiency and green building businesses, partnering with utilities, expanding on existing retrofit programs, adopting local building energy benchmarking and disclosure ordinances, and encouraging voluntary reporting and collaborative initiatives such as the 2030 District framework. 33 COU Ty-0 CLIMATE COLLABORATION 00 VI. Consumption and Materials Management: Pathway: By 2020, achieve a 70% recycling rate countywide; by 2030, achieve zero waste of resources that have economic value for reuse, resale and recycling. Catalytic Policy Commitment: Partner through the Metropolitan Solid Waste Management Advisory Committee on policy, projects and programs focused on (1) waste prevention and reuse, (2) product stewardship, recycling, and composting, and (3) beneficial use. Catalytic Project or Program: Develop a regional strategy through the Comprehensive Solid Waste Management Plan process to reach 70% recycling through a combination of education, incentives and regulatory tools aimed at single-family, multi -family residents, businesses, and construction projects in King County. es VII. Forests and Farming Pathway: Reduce sprawl and associated transportation related GHG emissions and sequester biological carbon by focusing growth in urban centers and protecting and restoring forests and farms. Catalytic Policy Commitment: Partner on Transfer of Development Rights (TDR) initiatives to focus development within the Urban Growth Area, reduce development pressure on rural lands, and protect our most valuable and important resource lands. Catalytic Project or Program: Protect and restore the health of urban and community trees and forests, for example through public -private -community efforts such as Forterra's Green Cities Partnerships. Catalytic Project or Program: Partner on collaborative efforts to expand forest and farm stewardship and protection, for example through King Conservation District's farm management planning, landowner incentive, and grant programs. Catalytic Project or Program: Expand our local food economy, for example by supporting urban and community farming, buying locally produced food, and participating in the Farm City Roundtable forum. 34 G COU Ty- C CLIMATE COLLABORATION 0C 0 VIII. Government Operations Pathway: Reduce GHG emissions from government operations in support of countywide goals. Policy Commitment: Develop and adopt near and long-term government operational GHG reduction targets that support countywide goals, and implement actions that reduce each local government's GHG footprint. Catalytic Project or Program: In support of the Section V. Green Building and Energy Efficiency pathway targets to reduce energy use in existing buildings 25% below 2012 levels by 2030 and achieve net -zero GHG emissions in new buildings by 2030: execute energy efficiency projects and initiatives at existing facilities, measure existing building performance through EPA's Energy Star or equivalent program, implement high -efficiency street and traffic light replacement projects, and construct new buildings to LEED or Living Building Challenge standards and infrastructure to equivalent sustainability standards. es ***. IX Collaboration Policy Commitment: Participate in or join the King County -Cities Climate Collaboration (K4C) - focused on efforts to coordinate and enhance city and County climate and sustainability efforts - to share case studies, subject matter experts, resources, tools, and to collaborate on grant and funding opportunities. Catalytic Project or Program: Engage and lead government -business collaborative action through efforts such as the Eastside Sustainable Business Alliance. 1410_4279w_climateCOLLABlatter16.7upd.ai 35 36 . ��^ Yv~-^ |- |��U| �J� J COUNTY ~~ \ . | - CLIMATE COLLABORATION K4C State Poky and Legislative Interests for 2019 es, Who weare King County, and fifteen partners representing more than 1.6 million county residents — Bellevue, Burien, Issaquah, Kent, Kirkland, Mercer Island, Normandy Park, Redmond, Renton, Sammamish, Seattle, Shoreline, Snoqua|mie, and Tukwila, plus the Port of Seattle -- are working together through the King County -Cities Climate Collaboration (K4C) to coordinate and enhance the effectiveness of local government climate and sustainabi|ityoctimn. Our Shared Climate Goals and Actions In 2014, King County and all 39 cities formally adopted a shared target to reduce countywide sources of greenhouse gas (GHG) emissions atthe county scale Z5% by20Z8,5O%by2030,and O0%by20S0(compared to a 2007 baseline). A dozen cities and the county, representing three quarters of the County's population mapped out Joint County -City Climate Commitments to meet this target, in areas ranging from transportation and land use to renewable energy to waste reduction and recycling. These policy interests are intended to advance shared climate commitments and to be a resource for local governments as they review state legislation, consider comment letters and weigh in on state policies as they develop. We recognize that each K4C partner has unique policy and state legislative priorities and may not pursue all of these interests. Climate Policy K4C supports limits and oprice on carbon pollution and other greenhouse gases. * Support a price on carbon based on best available science that reinvests a substantial share of revenues in efforts to reduce greenhouse gas emissions (e.g., transit service, energy efficiency and renewable energy projects, forest protection and restoration), prioritize investments that benefit communities most impacted by climate change, and ensure a just transition for workers in fossil fuel industries. ~ Support policies that establish and use "cost of carbon" methods for analysis and decision making. • Strengthen state climate change targets to align with the Department of Ecology's 2016 recommendations which are complementary to K4Cand Growth Management Planning Council adopted targets. Transportation and Land Use K4Csupports comprehensivestate policies and investments that reduce emissions from the transportation sector byreducing vehicle miles travelled, lowering the GHG intensity of fuels, and catalyzing investments in clean passenger, transit, and heavy duty vehicles. 1 37 G COLS Ty CI MATE COLLABORATION es • Support, as part of a comprehensive strategy for reducing transportation -related greenhouse gas emissions: o Protection for and expansion of funding for public transit; o Adoption of cleaner fuel standards; o Incentives and investments for electrification of public and private fleets and lower pollution from transportation fuels; o Continued funding and expansion as in previous years of the Commute Trip Reduction program and the Regional Mobility Grant program. o Policies and incentives to support transit friendly development and easy connections in vicinity of planned rail and high capacity transit and employment centers. o Follow through on principles for the VW Funding Settlement developed by the Puget Sound Clean Air Agency in partnership with King County and several K4C partners Green Building and Energy Efficiency K4C supports state policy changes and investments that will help us to reduce energy use in existing buildings 25% below 2012 levels by 2030 and achieve net -zero GHG emissions in new buildings by 2030. • Continue to strengthen our Washington State Energy code, leading the way to "net -zero emissions" buildings by 2030. • Support policies that reduce energy use and save money for King County residents and businesses. • Provide State Department of Commerce grants to leverage energy efficiency and renewable energy investments by local governments. Energy Supply K4C supports state policy updates and investments that will help us meet our goals for a 9O% renewable electricity supply by 2030, phase out coal-fired electricity sources by 2025, limit construction of new natural gas based electricity power plants, and lead to development of increasing amounts of renewable energy sources. • Continue to support a clear, accelerated timeline for retirement of coal from PSE's energy supply in manner that protects ratepayers and maximizes replacement with renewable sources rather than natural gas. • Support changes in the utility Integrated Resource Planning process that promote consideration of environmental and health costs and greater emphasis on energy efficiency and demand management. • Require increasing percentages of new energy load to be met by renewable sources and energy efficiency. Washington State's current renewable portfolio standard is currently at 9% of utility load, increasing to 15% by 2020 and years beyond. • Support distributed solar energy generation. Current state legislation limits the size of solar arrays that qualify for retail electricity rates and limits the cumulative generating capacity available for these renewable energy systems. We support policy changes that would expand utility limits for these systems and allow for development of larger solar installations while considering both the benefits of increased distributed solar energy generation and rate payer fairness. 38 aCLIMATE COLLABORATION KING COUNTY- CItIes Overview City Fund to Reduce Energy Demand (C — FRED) Completed or current conservation projects: 18 Amount loaned to date: $3.5 Million Annual savings from these projects: $500,000 per year King County Transfer Station City Fund to Reduce Energy Demand (C - FRED) Project Summary: King County established the internal Fund to Reduce Energy Demand (FRED) in 2014 to overcome a major hurdle for county agencies trying to pursue energy and water conservation projects: securing up -front capital needed to support the initial investment. The FRED Program enables an internal loan that is paid off by the agency's operating savings from the project. To date, King County's internal FRED program includes 18 completed or in -development projects including lighting retrofits and a solar panel installation, totaling approximately $3.5 million dollars of investment that will result in $500,000 dollars in annual savings. Cities in King County face similar barriers to financing resource efficiency and renewable energy projects. The County is expanding its internal loan program to city partners through a companion City-FRED program. Participating cities will be able to take advantage of the simple application process and low interest rate to fund energy efficiency or renewable energy projects on their facilities. King County Project: Transfer Station Lighting This FRED project funded the comprehensive retrofit of light fixtures to LED technology at the Algona, Enumclaw and Vashon solid waste transfer stations. This project cost $109K and received a $50K utility rebate. With annual savings of 249,800 kWh and $19,900, this project had a 2.9 year payback, far less than the 10+ year expected life of the new lights. Detailed Description: Cities must demonstrate that the projects will save resources and money to repay the loan over the ten year term. Commitments to repay the loan would be secured through formal agreements. Offering the C - FRED program to King County cities will help to advance progress toward the shared, countywide goal of reducing community greenhouse gas emissions by 80% by 2050. King County N. 39 aCLIMATE COLLABORATION KING COUNTY- CItIes Tukwila Hill Tree Canopy How much are Tukwila's Trees Worth? Sequestered carbon Carbon Monoxide (CO) Nitrogen Dioxide (NO2) Ozone (03) Sulfur Dioxide (SO2) Particulate Matter 2,300 tons/year * $48k 4.3 tons/year $4k 10 tons/year $89k 4.3 tons/year $240k 8.5 tons/year $18k 15.7 tons/year $94k YEARLY BENEFIT * emissions are estimates $493K City of Tukwila Tree Canopy Focus Project Summary: Adopted regulations • Prohibiting tree removal or if removal is approved, requiring up to a 3:1 replacement ratio based upon canopy loss. (2018) • Requiring more robust landscaping in industrial, commercial, and multi -family areas (2017) Public Planting Program • In 2017, 3,577 trees and shrubs were planted on Tukwila public property Results: 2018 Update of 2012 tree canopy assessment Six year assessment to measure attainment of established goals and success of strategies Prohibition of property clearing without an approved development permit and of removal of 6" diameter trees on single family lots Detailed Description: This supplements public, nonprofit and volunteer tree planting programs that are targeting a total tree canopy of 29% by 2034. Tukwila's 2012 tree canopy inventory is a range of 9% in industrial areas to 51 % in single family neighborhoods. The regulations started with strong and clear Comprehensive Plan goals and policies, a Tree Environment Committee made up of citizens and Council members, and took three years from concept to adoption. These projects support the Joint County — City Climate Commitments of Forestry and Farming. Tukwila has created a program and regulations meant to retain the City's urban forest as the City urbanizes and provides a center for the region's housing and jobs. Tukwila 2012 Land Cover Tree Canopy Open Water 18% 1 % Bare Soil Pervious • 40 aCLIMATE COLLABORATION KING COUNTY- CItIes Overview City of Mercer Island Mobility Pilot Projects Rideshare: 4,100 rides, with over unique 500 users Bikeshare: 3,400 rides, with over 1,100 unique users City of Mercer Island Mobility Pilot Projects Project Summary: As parking pressure mounts at the commuter Park & Ride, all 447 stalls now fill by 7 a.m. on weekdays, forcing many residents wishing to use regional bus transit to reluctantly choose Single Occupant Vehicle (SOV) travel instead. The City set out to improve options for access to the Sound Transit -owned Park & Ride (P&R) in order to: reduce SOV usage in general, free -up parking stalls, improve congestion on the Island, reduce rush-hour pressure on 1-90, and help lower local greenhouse gas emissions. The primary mobility programs underway currently are: 1) a 6-month cost -share partnership with Lyft and Uber, providing discounted rides to/from the P&R; 2) a 3-month partnership with LimeBike, operating Island -wide; and 3) an existing peak -hour commuter bus shuttle (Route #630) in partnership with Metro direct from Mercer Island to Seattle's First Hill. Results: • Rideshare: 4,100 rides provided since April, with over 500 unique users • Bikeshare: 3,400 rides provided since July, with over 1,100 unique users Detailed Description: Rideshare: The City allocated up to $20,000, matched by $10,000 from each rideshare vendor, to underwrite rides on Mercer Island only, for a 6-month period. The discount is applied automatically using geofencing as long as the origin or destination is the MI Park & Ride; service is available 24/7 on weekdays and is structured to encourage shared rides ($2/person) over solo rides ($5/person). Bikeshare: The City negotiated with LimeBike to operate and maintain a fleet of 25 electric -assist rental bicycles for public use, for a 3-month period. In order to ensure some level of predictability for potential users, 8 hubs were designated that are restocked daily with several bicycles each. Since this market was the first time LimeBike had committed to operating in a low -density, suburban community in the region, it was unclear if the pilot would be profitable; therefore the City shared the cost of administration and maintenance 50-50 with Limebike, paying $4,875 for the 3-month period. These projects support the Joint County - City Climate Commitments by seeking to reduce SOV travel and associated GHG emissions, and by offering viable alternatives for access to mass transit. r Ack 41 42 COUNCIL AGENDA Siwosis Initials Meeting Date Prepared by Mayor's review Council review k9k4 05/20/19 HH JI, ITEM INFORMATION ITEM No. 4.C. STAIT SPONSOR: HENRY HASH ORIGIN , AGENDA DATE: 05/20/19 AGENDA ITEM TITLE 42nd Ave S Phase III Project (S 160th St - Southcenter Blvd) Construction Change Order No. 4 with with Active Construction, Inc. CATEGORY DiSeusston migDate 0 Motion 05/20/19 EI Resolution ;Wig Date 111 Ordinance MtgDate 0 Bic 1_,42pard Mtg Date LI Public Hearing Mtg Date Ell Other Mtg Date A tgDate SPONSOR Councii Major 0 HR EIDCD DFinance Fire ZITS OP R OCourt P .ce PW SPONSOR'S Change Order No. 4 to Contract No. 17-090 is for additional construction costs for the 42nd SUMMARY Ave S Phase III Project. 42nd Ave S has had major issues with the Gilliam Creek Culvert and utility conflicts which have caused delays and cost overruns. After extensive negotiations, Active Construction's Change Order No. 4 will resolve all disputes. Council is being asked to approve Change Order No. 4 with Active Construction for $1,050,000. REVIEWED BY •C.O.W. Mtg. lij CDN Comm Arts Comm. Finance Comm. E]Pubhc Safety Comm. Comm. [1:1 Planning Comm. CHAIR: ZAK IDAN 1 Trans &Infrastructure [1] Parks COMMITTEE DATE: 05/07/19 RECOMMENDATIONS: SPoNsoR/ADmiN, COMMITTEE Public Works Department Majority Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,050,000.00 $15,166,000.00 $ Fund Source: 103 RESIDENTIAL STREETS (PAGE 2, 2019 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/20/19 IVITG. DATE ATTACHMENTS 05/20/19 Informational Memorandum dated 0 /0 9 Page 2, 2019 CIP Active Construction's Change Order No. 4 Minutes from the Transportation and Infrastructure Committee meeting of 05/07/19 43 44 Public Works Department Henry Hash, Director INFOR ATIONAL E ORANDU TO: FROM: Henry Hash, Public Works Director BY: Peter Lau, Senior Program Manager CC: Mayor Allan Ekberg DATE: May 3, 2019 SUBJECT: 42nd Avenue South Phase III & Gilliam Creek Culvert Replacement Projects Project Nos. 99410303 & 99341208, Contract No. 17-090 Change Order No. 4 Transportation and Infrastructure Committee Allan Ekberg, Mayor ISSUE Approve Change Order (CO) No. 4 with Active Construction, Inc. (ACI) to resolve all new claims and disputes for the 42nd Avenue South Phase III Project. BACKGROUND Due to continuous issues with excessive ground water interference during excavation, changes and conflicts for Seattle City Light (SCL) facilities, design issues, some inefficiencies by the contractor, and other unanticipated utility conflicts, the 42nd Avenue South Phase III Project encountered schedule delays and cost overruns. DISCUSSION Change Order No. 3 was a compromise between the City and ACI to resolve outstanding construction disputes through May, 2018, which was approved by Council in July, 2018. The execution of CO No. 3 avoided potential claims and a .possible legal battle with substantial legal fees by both parties and produced cost savings for the City. After the execution of CO No. 3, PW staff and ACI worked cooperatively together to move the project forward. However, for the reasons stated above and more unanticipated issues, the project cost overruns continued. After extensive discussions and negotiations between PW staff and ACI, a mutual agreement was reached and both parties agreed that it is in their best interest to complete the project in the most efficient way possible. The new compromise is documented in Change Order No. 4. In summary, CO No. 4 will: • reduces the 14% mark-up rate (established in CO No. 3) to 12.5%, which still covers ACI's bond, insurance, other general and administrative overhead costs, and profit. This change will result in a savings of $164,000 for the City; • enables City project staff to continue to work cooperatively with ACI's construction crew, in order to efficiently complete the construction project with the least amount of cost; • requires ACI to physically complete the project within six weeks after the utility conversion work is completed; • resolves all outstanding claims and disputes between the City and ACI and agrees not to pursue legal action against each other when this CO is strictly followed. W:\PW EngIPROJECTS1A- RW & RS Projects142nd Ave S Phase III (99410303 94-RS03)1Consfructiont#,500 - Project Payments1030 - Change Proposals & COs1C0 #4 - Cost Plus 211nfo Memo for CO #4 91050319, pl,gl 042519.docx 45 46 Infmmational Memo 42nd Ave S CO 4 Page 2 FISCAL IMPACT The table below shows the project budget and expenditures, with the inclusion of CO No. 4: Design CM Construction Budget CH2M Hill Design & Staff $1,563,995 $1,564,000 AECOM Original CM & Sups No. 1 & 2 $1,768,424 1,897,000 CH2M Hill Supplemental No. 7 & 8 79,272 AKANA Consultant Contracts 79,450 Widener & WSDOT JA 9753 18,000 Active Construction Contract 17-090 $6,599,266 1 ,705,000 Active Change Orders No. 1 & 2 916,864 Active Change Order No. 3 w/ sales tax 2,741,136 Active Change Order No. 4 w/o sales tax 1,050,000 Construction Contingency 349,593 Total $1,563,995 $1,945,146 $11,656,859 Grand Total $15,166,000 $15,166,000 The current 2019 CIP project budget is sufficient to cover the cost of Change Order No. 4 and will leave a $349,593 construction contingency. CO No. 4 would require an increase of 33 working days for ACI to physically complete 42nd Ave S Phase III construction project. RECOMMENDATION Council is being asked to approve Change Order No. 4 to Contract No. 17-090 with Active Construction, Inc. in the amount of $1,050,000 for the 42nd Avenue South Phase III and Gilliam Creek Culvert Replacement Projects and consider this item on the Consent Agenda at the May 20, 2019 Regular Meeting. Attachments: 2019 CIP, page 2 Change Order No,4 W:IPW Eng1PROJECTSIA- RW & RS ProjectsI42nd Ave S Phase III (99410303 94-RS03)1ConstructionIt500 - Project Payments1030 - Change Proposals & COsICO #4 - Cost Plus 21Info Memo for CO tt4 91050319, MI 042519.docx 47 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 PROJECT: 42nd Ave South Phase III Project No. 99410303 DESCRIPTION: Design and construct street improvements, drainage, sidewalks, bike facilities, and driveway adjustments. JUSTIFICATION: Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization. STATUS: Phase III (S/C Blvd (154th) - S 160 St), Design began in 2012, construction in 2017. Project No. 99410303 Phase IV (S 139 St - S 131 PI) in beyond. Project No. 99410301 Phase I 90-RW15 (SIC Blvd (154) - 144 St) $3,796 & Phase II 94-RS02 (144-139) $1,850, both completed. MAINT. IMPACT: Reduce pavement, shoulder, and drainage work. COMMENT: Only Phase III is shown in active years. Project includes Surface Water's Gilliam Creek 42nd Ave S Culvert project for $1.3m and is part of the Walk & Roll Plan. Seattle City Light's funding is a 60/40 underground split. FINANCIAL Through Estimated in $000s) 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES Design 1,564 1,564 Land (RAN) 0 Const. Mgmt. 809 688 400 1,897 Construction 2,232 5,231 2,100 9,563 Under -grounding 508 1,634 2,142 TOTAL EXPENSES 5,113 7,553 2,500 0 0 0 0 0 0 15,166 FUND SOURCES Seattle City Light 1,285 1,285 Surface Water 1,415 2,881 4,296 Other Utilities 1 575 576 Bond 6,487 6,487 City Oper. Revenue (2,790) 2,812 2,500 0 0 0 0 0 0 2,522 TOTAL SOURCES 5,113 7,553 2,500 0 0 0 0 0 0 15,166 2019 - 2024 Capital Improvement Program 48 2 DATE: CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 4 April 15, 2019 BUDGET NOs.: 103.98.595.300.65.00 412.98.594.382.65.00 PROJECT NO.: 99410303 CONTRACT NO.: 17-090 PROJECT NAME: 40th — 42nd Avenue South Phase III Project TO: Active Construction, Inc. You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the 'Owner" are not prejudiced; C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. CHANGE: See Attached Exhibit "A," incorporated herein by this reference. We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept the prices shown above and below as full payment for . ACCEPTED: Date By or Contractor: Active Construction, Inc. Title Original on ct (without tax) $ 99,266.04 APPROVED BY THE CITY OF TUKWILA Prevp‘Change Order $ 3,345,367.97 Date This Change Order (without $ 1,050,000.00 By Mayor REV. CONTRACT AMOUNT Previous Contract Time: 321 Working Days City Engineer )/C Additional Contract Time for this Change Order: 33 Working Days Updated Contract Time: 354 Working Days $10,994,634.01 ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) PW Project Finance File cc: Finance Department (w/encumbrance) Project Management File 49 40th -- 42nd Avenue South Phase III Project Contract Change Order No. 4 EXHIBIT A DESCRIPTION OF WORK Change Order (CO) #3 for the 401h — 42nd Avenue South Phase 3 Project, which was a compromise between the City and the construction contractor (ACI) on resolving all the outstanding construction disputes through May 20, 2018, was executed on July 17, 2018, However, three months after the execution of CO #3, ACI started to alert the City that the cost increase from CO #3 would be insufficient to pay for all the remaining contract works. As a result, the City requested ACI to provide justifications for the cost increase beyond the new contract amount from CO #3. After reviewing ACT's provided cost increase justifications, the City contended that ACI was partially responsible for causing the additional cost increase. ACI disagreed with the City's contention. After months of further monitoring of the actual project cost increase, and negotiations between City project staff and ACI, another compromise has been reached between the parties. This new compromise is herein documented in this CO #4. In this CO #4, the City and ACI have mutually agreed to work collaboratively to physically complete the project within 6 weeks after the utility conversion works were completed by all utility companies. The City also agrees to a reduction of the 14% markup rate (previously generated from CO #3) to 12.5%, of the actual overall cost of construction. The 12.5% markup is to compensate ACT's general and administrative overhead cost, and profit. The actual overall cost of this 40th — 42nd Avenue South Phase 3 Project refers to all the direct expenditures spent by ACI on this particular construction project, includes the mobilization/field overhead cost, but excludes the indirect overhead cost. However, for costs incurred after the date of this CO #4, if the expenditure was caused by ACI's own negligence, such expenditure will not be counted as part of the actual project costs to be paid by the City, and ACI will remain fully responsible for such expenditures. As for all the subcontracts among ACI and it's subcontractors, this CO #4 will not apply to any subcontracts executed prior to the execution of CO #3, and all the corresponding Bid Items paying for these subcontracts. The City will just continue to pay for these subcontract costs and with the new 12.5% markup. As a result, the existing payment mechanism among ACI and it's current subcontractors will continue to be preserved. After the execution of CO #4, all new subcontracts among ACI and it's future subcontractors will be subjected to the new 12.5% mark-up as the subcontractors' direct costs. ACI's actual cost for this 401h 42nd Avenue South Phase 3 Project will continue to be subject to a detailed review monthly before the issuance of the monthly pay estimate for such work, and before the issuance of the final payment by the City. At the option of the City, the actual cost reviews and verifications may continue to be conducted by a Certified Public Accountant or other City of Tukwila designated representatives: The current projected total cost for ACI to complete this 401h — 42nd Avenue South Phase 3 Project is $9,773,008.01, per the enclosed projected cost breakdown provided by ACI. Adding 12.5% to the projected cost of $9,773,008.01, it would result in $10,994,634.01 as the cost. Both the City and ACI agree that after the execution of this CO #4, the City's construction management team will continue to have the option of determining the means and methods of ACI in constructing this project. The execution of this CO #4 supercedes the previous COs #1 and #2 on the payment and bid item parts, but the scope issues and Contract time increase will remain in effect. This CO #4 also supercedes CO #3 on all applicable and conflicting Contract terms and conditions. Both the City and ACI agree that mutual execution of this CO #4 continues to resolve any and all outstanding disputes between the parties relating to the Project, including any claims for prior delays, and ACI and the City hereby release each other from any such claims. Both the City and ACI agree not to pursue legal action against each others if both parties strictly abide by the terms of this CO #4. The parties agree to continue to discuss and negotiate when necessary, in order to resolve any additional Contract disputes that arise after the execution of this CO #4. Page 2 of 3 50 The City looks forward to continuing to work with ACI to complete this important project. CONTRACT TIME Per CO #3, the Contract time was to expire on November 13, 2018. CO #4 will add 33 working days to this Contract, since • ACI vacated the project site on November 16, 2018, allowing the utility companies to continue the utility conversion works. Therefore, between November 13 and 16 of 2018, 3 working days of Contract time extension is needed. • The construction project will be retroactively suspended starting from November 17, 2018, until the utility conversion works are completed. • ACI will have 30 working days to complete all remaining works for the construction project, including all the punch list items. Therefore, the Contract time will need to be increased by 33 working days total. As part of this CO #4, the parties agree that the Contract time will not be extended further, with the exception of: • weather related delays; • delays encountered that are out of the control of the Contractor or the City; • and unanticipated changes to the work where extension of Contract time would otherwise be determined in accordance with Section 1-08 of the WSDOT Standard Specifications, 2016 version. Page 3 of 3 51 52 Transportation & Infrastructure Committee Minutes May 7, 2019 D. Staff noted that this could be a policy issue and/or on the Council's legislative agenda. Staff also noted that Tukwila has one staff and one business representative on Seattle City Light's Review Panel. Chair Idan asked if staff could quantify the cost incurred by Seattle City Light related delays and staff will provide that information. Councilmember Kruller said she appreciated staff's response to the resident who was unhappy with work occurring on the weekend without notification. MAJORITY APPROVAL. FORWARD TO MAY 20, 2019 REGULAR CONSENT AGENDA. Change Order: 42" Avenue South Phase III & Gilliam Creek Culvert Staff is seeking Council approval of Change Order No. 4 with Active Construction, Inc. in the amount of $1,050,000 to resolve all claims and disputes for the 42nd Avenue South Phase III Project. This project encountered schedule delays and cost overruns due to issues with excessive ground water interference during excavation, changes and conflicts for Seattle City Light facilities, design issues, contract inefficiencies, and other utility onflicts. Change Order No. 3 was negotiated to resolve outstanding disputes through May 2018 and avoided potential clams and legal fees, but unanticipated issues resulted in more costly delays. Change Order No. 4 was extensively negotiated and agreed to by both parties. It will reduce the 14% mark- up rate established in CO No. 3 to 12.5%, enable City staff to continue cooperative work with ACI, requires physical completion of the project within six weeks after utility conversion work is done, and resolves all outstanding claims and disputes with agreement for no future legal action. The current project budget is sufficient to cover the cost of Change Order No. 4 and leaves a $349,593.00 contingency. Chair !clan mentioned the importance of the construction schedule. MAJORITY APPROVAL. FORWARD TO MAY 20, 2019REGULAR CONSENT AGENDA. E. Waste Management Contract Status Update Staff updated the Committee on the ongoin negotiations with Waste Management. The current contract will expire on October 31, 2019 but has a provision for up to two 2-year extensions, whichstaff recommends pursuingdue to the favorable rates. The contract extension proposal wilt be brought to the next Committee meeting. Terms will include a 5% rate increase and 10%utility tax increase forcommercial customers and trash collection at the bus stops along Tukwila International Boulevard. The rates will still be comparatively favorable with thesencreases, which are due to the changes to the international recycling market and the impacts to roads by the heavy trucks. Councilmember Kruller expressed concerns about impacts to the business community. Councilmember Hougardy said that it will be important to consider the history of the issue when the contract is next bid, and that messaging to the business community should include the information about the rate compared with other Cities. Councilmember Kruller suggested reaching out to the Chamber. Waste Management will also be messaging the community about the increase. Chair Idan suggested that the Council would benefit from education on pavement conditions citywide. DISCUSSION ONLY. III. SCATBd/RTC There was no report. 53 54 COUNCIL AGENDA S OPSIS ITEM NO. 4.D. Meeting Date Prepared by Mayors review Council review 05/20/19 HH xe (fr ITEM INFORMATION CAS NUMBER: STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 05/20/19 AGENDA ITEM TITLE 2019 Bid Annual Overlay & Repair Program Award to Tucci and Sons, Inc. CATEGORY Discussion Mix Date [I] Motion Mtg Date . Resolution Ej Ordinance Mtg Date VI Bid Award 05/20/19 []Public Hearing Mtg Date El Other Mg Date Mtg Date Mtg Date SPONSOR U Council LI Mayor El HR El DCD []Finance Fire Li IT El P&R LI Police PW SPONSOR'S The 2019 Annual Overlay & Repair Program was advertised for bids on April 2 and 9, 2019. SUMMARY Two bids were opened April 16 with the low bid of $1,211,916.50 from Tucci and Sons and with Additive D for $74,848.00, the total bid award is $1,286,764.50. Seven locations are scheduled for asphalt overlay throughout the City, including a portion of the Fort Dent parking lot, and Additive D includes S 124th St. Council is being asked to award the bid to Tucci and Sons in the amount of $1,286,764.50. REVIEWED BY Ei COW Mtg. El CA&P Cmte El Utilities Cmte []Arts Comm. DATE: 05/07/19 Ell F&S Cmte 0 Parks Comm. CHAIR: IAI Transportation Cmte ZAK 0 Planning Comm. IDAN COmml 1'1 EE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Majority Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,286,764.50 $1,382,843.50 $0.00 Fund Source: 104 ARTERIAL STREETS, 301 PARKS, AND 401 WATER (PAGES 16, 18, 19 & 32, 2019 CIP) Comments: Andover Park East overlay will be funded by Water as a result of water main break. MTG. DATE RECORD OF COUNCIL ACTION 05/20/19 MTG. DATE ATTACHMENTS 05/20/19 Informational Memorandum dated 05/03/19 Vicinity Map Pages 16, 18, 19, & 32, 2019 CIP Bid Tabulation Minutes from the Transportation & Infrastructure Committee meeting of 05/07/19 55 56 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFOR ATIONAL E ORANDU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director //1. BY: Scott Bates, Traffic Engineering Coordinator CC: Mayor Ekberg DATE: May 3, 2019 SUBJECT: 2019 Overlay and Repair Program Project No. 91910401 Bid Award ISSUE Award the bid for construction of the 2019 Overlay and Repair Program. BACKGROUND The Overlay and Repair Program preserves and maintains the street structure in a safe and useable condition. Construction will include pavement repairs and an asphalt overlay at seven locations citywide including the Fort Dent parking lot and the pavement repair on Andover Park East due to the recent water main break. ANALYSIS A call for bids was advertised for the 2019 Overlay and Repair Program on April 2 and 9, 2019. Two bids were opened on April 16, 2019. The lowest apparent bidder was Tucci and Sons, Inc. with a bid of $1,211,916.50. The Engineer's Estimate was $1,183,515.00. The 2019 Overlay Program also included a bid additive "D" for the overlay of S 124th St at 50th Place S and Tucci's additive bid of $74,848.00 was below the engineer's estimate of $81,761.00. There were no bidding errors. With significant ADA and pedestrian signal improvements triggered as part of this project, staff will supplement the 2019 Overlay Program with budget funds from the Annual Traffic Signal and ADA Program. FINANCIAL IMPACT AND BID SUMMARY (All amounts include sales tax) Bid Results Engineer's Estimate 2019 Budget Bid Schedule "A" Overlay $1,005,801.50 $976,105.00 $1,050,000.00 Bid Schedule "B" Fort Dent 98,645.00 121,220.00 115,000.00 Bid Schedule "C" 401 Water 107,470.00 86,190.00 112,843.50 Bid Schedule "D" Additive Alt. 74,848.00 81,761.00 Contingency (5%) 64,338.22 Annual Signal Programs 104 Fund 80,000.00 ADA Program 104 Fund 25,000.00 Total $1 51 102.72 $1,265.276.00 $1,382,843.50 RECOMMENDATION Council is being asked to award construction of the 2019 Overlay and Repair Program to Tucci and Sons, Inc. in the amount of $1,211,916.50, and with bid additive "D" for $74,848.00, for a total contract amount of $1,286,764.50 and to consider this item on the Consent Agenda of the May 20, 2019 Regular Meeting. ATTACHMENTS • Vicinity Map • 2019 CIP Pages 16, 18, 19, 32 • Bid Tabulation W:1PW Eng1PROJECTSIA- RW & RS ProjectelAnnual Overlay & Repair Programs12019 Overlay & Repair Program (91910401)1DesignlAd and Award\Award\Docs to TIC Bid Award120190vedayBidAward.docx 57 58 2019 Overlay Program Vicinity Map 59 CITY OF TUKWILA CAPITAL PROJECT SUMMARY PROJECT: Annual Overlay and Repair Program Project No. 9xx10401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. JUSTIFICATION: P�semeand man�in�eo8e�o�u�ureinaoa�and u000�ea��by�eu�au�gbe��f�wh ich ' minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay. MA|NT IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actu ls shown |nfirst column. FINANCIAL Through Estimated in$Uou's> BEYOND TOTAL EXPENSES Design 149 150 150 150 150 150 150 150 150 1.348 Land<R8W> n Conet.Mgmt. 151 200 200 200 200 200 200 200 200 1.751 Construction 526 1.050 1'050 1.050 1.050 1'050 1.050 1.050 1,050 8.926 TOTAL EXPENSES 826 1.400 1.400 1.400 1.400 1.400 1'400 1'400 1.400 12,026 FUND SOURCES Awarded Grant O Proposed Grant 0 Mitigation Actual 0 Mitigation Expected U City [)pnr.Revenue 826 1/00 1.400 1,400 1.400 1.400 1.400 1.408 1,400 12.026 TOTAL SOURCES 826 1.400 1.400 1,400 1.400 1.400 1.400 1.400 1.400 13.026 2019 e024oavxa Improvement pmomm 60 16 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 PROJECT: Americans with Disabilities Act (ADA) Improvements Project No. 91210405 DESCRIPTION: Construct ADA compliant upgrades to City infrastructure in conjunction with a City developed plan. JUSTIFICATION: The enforcement of ADA laws and standards was delayed pending legal challenges and studies. Recent court rulings now mandate ADA compliance. The City must provide upgrades with most construction projects. STATProvide annual funding to construct improvements as necessary. Began the ADA Transition Plan in 2016 with US: adoption in 2017. The goal is to resolve ADA compliance issues within a reasonable time period. MAINT. IMPACT: Negligible. COMMENT: Project will be ongoing until City facilities and infrastructure meet ADA requirements. This will also include ADA compliance by utilities and private development. FINANCIAL Through Estimated in $000's 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES Design 228 25 15 15 25 25 25 25 25 408 Land (RPN) 0 Const. Mgmt. 25 25 10 10 25 25 25 25 550 720 Construction 103 150 25 25 150 150 150 150 4,000 4,903 TOTAL EXPENSES 356 200 50 50 200 200 200 200 4,575 6,031 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Traffic Impact Fees 0 City Oper. Revenue 356 200 50 50 200 200 200 200 4,575 6,031 TOTAL SOURCES 356 200 50 50 200 200 200 200 4,575 6,031 vir 2019 - 2024 Capital Improvement Program 18 61 CITY OFTUKWILA CAPITAL PROJECT SUMMARY PROJECT: Annual Traffic Signal Program Project No. 8xx10404 osSon|PT�lN' Design anconstruct d e�� -- upgrades —and repairs -- signals that ----- routine maintenance `,-- ' loop replacement, head replacement. and controllers. Replace direct bury cable for existing lighting system. JUSTIFICATION: City joadding traffic signals toinventory every year. LEDs �eona4to5 replacement Work |umim�em loop STATUS: ^---- — � ' ' — repairs, and controller upgrades including signal timing and coordination plans. MA/NT.UNPACT: Reduces maintenance costs. Preventative maintenance on every traffic signal is required to be completed COMMENT: Ongoing project, only one year octuolsshown infirst column. FINANCIAL Through Estimated in $000's BEYOND TOTAL EXPENSES Design 25 35 40 45 45 50 50 50 50 390 LondUR88O 0 CnnnLMgmt. 14 14 EquipmenVConoL 39 5 OO OO OO OU 80 OQ OO 604 TOTAL EXPENSES 78 40 120 125 125 130 130 130 130 1.008 FUND SOURCES Awarded Grant V Proposed Grant 0 Mitigation Actual O Traffic Impact Fees O QtyOper. Revenue 78 40 120 125 125 130 130 130 130 1.008 TOTAL SOURCES 78 40 120 125 125 130 130 130 130 1.008 Pro .1ect Location: Entire System W 2019-2ox*Capital Improvement Program 62 19 CITY OF TUKVVLA CAPITAL PROJECT SUMMARY PROJECT: Fort Dent Park Project Nos. 90330107 ���i�|����i�o��������im����0������ ��8��|PTk�N'' Fort Dent Park to the City |n200.Concessionaire agreement with GtarfireSports to operate the complex. City and �|m�nrpark J��T|Fl�AT��N� � ' repairs and infrastructure. STATUS:Funding nfappmximoha|y*125Kper year 1hmugh2O19iufor aphased oppmonhtoparking lot �poira inconjunction with the City'aAnnual Overlay and Repair Program. MAINT. IMPACT: Approximately 1,750 staff hours per year. COMMENT: 1% Municipal Arts Fund for City funded construction costs to be included. FINANCIAL Through Eozhnutud in $000's 2030 2021 2032 2023 2024 BEYOND TOTAL EXPENSES Design 343 10 10 363 Land(R8x) V ConaCMgmC 15 15 30 Construction 1.674 100 100 1.874 TOTAL EXPENSES 3.017 125 125 o O n V n V 2.3$7 FUND SOURCES Awarded Grant 694 684 Parking Taxes 50 50 Mitigation Actual O Mitigation Expected O REET1Funds 1.273 125 125 0 O O O U 0 1.523 TOTAL SOURCES 2,017 125 125 0 ' V 0 n V 2.267 2019 aoa4Capital Improvement Program 32 63 64 2019 Overlay and Repair Program Project No. 91910401 Bid Tabulation Tuesday, April 16, 2019 KPG Interdisciplinary Design Enineer Estimate Tucci & Sons, Inc. Lakeside Industries, Inc. Bid Item No. Section No. ROAD AY (SCHEDULE A) Total Quanti Total Cost Total Cost Unit Cost Total Cost Al A2 1-04 Unexpected Site Changes 1-05 ADA Features Surveying FA 1 LS 10, 000.00 8,000.00 $ 10,000.00 8,000.00 10,000.00 11,000.00 10,000.00 11,000.00 10,000.00 15,425.00 10,000.00 15,425.00 A3 A4 A5 A6 A7 A8 A9 A10 All 1-07 Resolution of Utility Conflicts 1-07 SPCC Plan 1-09 Mobilization 1-10 Project Temporary Traffic Control 1-10 Off -Duty Uniformed Police Officer 2-02 Cement Cone. Sidewalk Removal Incl. Haul 2-02 Cement Conc.Curb Removal Incl. Haul 2-02 Removal of Structure and Obstruction 2-02 Roadway Excavation Incl. Haul Alt Al3 A14 Al5 A16 All 2-03 Unsuitable Foundation Excavation Incl. Haul 2-03 Gravel Borrow Incl. Haul 4-04 Crushed Surfacing Top Course 5-04 Pavement Repair Excavation Ind. Haul 5-04 HMA Cl. 1/2" PG 64-22 5-04 HMA for Pavement Repair Cl. 1/2" PG 64-22 1 FA LS 1 LS LS 75 HR 230 SY 560 LF LS 460 CY 60 CY 140 TON 400 TON 140 CY 3,000 TON 210 TON 2,000.00 2,000.00 90,000.00 $ 90,000.00 $ 120.00 $ 60.00 25.00 5,000.00 90.00 95.00 $ 25.00 60.00 90.00 100.00 150.00 2,000.00 2,000.00 $ 90,000.00 90,000,00 9,000.00 13,800.00 14,000.00 5,000.00 41,400.00 5,700.00 3,500.00 24,000.00 12,600.00 300,000.00 $ 31,500.00 $ 2,000.00 125.00 93, 000.00 92,200.00 130.00 53.00 11.00 $ 3,900.00 46.00 80.00 55.00 61.00 204.00 98.00 145.00 $ 2,000.00 125.00 $ 93,000.00 92,200.00 9,750.00 12,190.00 6,160.00 3,900.00 21,160.00 $ 4,800.00 7,700.00 24,400.00 28,560.00 294,000.00 30,450.00 $ 2,000.00 2,000.00 139,000.00 110,000.00 100.00 60.00 30.00 2,500.00 75.00 75.00 25.00 35.00 75.00 $ 110.00 140.00 2,000.00 2,000.00- 139,000.00 110,000.00 7,500.00 13, 800.00 16,800.00 2,500.00 34,500.00 $ 4, 500.00 $ 3,500.00 14,000.00 10,500.00 330, 000.00 29,400.00 Alb Al 9 5-04 Temporary Pavement 5-04 Thickened Edge 5 TON 430 LF 175.00 $ 3.00 875.00 $ 1,290.00 160.00 $ 1.50 800.00 $ 645.00 200.00 $ 2.00 A20 A21 A22 A23 A24 A25 A26 A27 A28 9 A30 A31 A32 A33 A34 A35 A36 5-04 Planing Bituminous Pavement 7-12 Adjust Water Valve 8-01 Erosion/Water Pollution Control 8-01 Inlet Protection 8-04 Cement Conc. Curb and Gutter Not Used 8-13 Adjust Monument Case and Cover 8-20 Traffic Signal Modifications (S 200th St and Orilla Road S) 8-20 Traffic Signal Modifications (S 200th St and Southcenter Pkwy) 8-20 Traffic Signal Modifications (52nd Ave S Interurban Ave S) 8-14 Cement Cone. Sidewalk 8-14 Cement Conc. Curb Ramp 8-26 Non -Skid Surface Treatment 7-05 Adjust Catch Basin 7-05 Storm Drain Marker 7-05 Adjust Manhole 8-09 Raised Pavement Marker Type 1 12,870 SY 29 EA FA 40 390 LF EA 1 LS LS LS 130 SY 1,160 SF 25 SF 14 EA 17 EA EA 4 HUND $ 5.00 500.00 4,000.00 80.00 40.00 700.00 $ 10,000.00 10,000.00 57,000.00 65.00 $ 30.00 25.00 800.00 30.00 $ 900.00 500.00 $ 64,350.00 $ 14,500.00 $ 4,000.00 3,200.00 15,600.00 2,100.00 10,000.00 10,000.00 57,000.00 $ 8,450.00 34, 800.00 $ 625.00 11,200.00 510.00 $ $ 7,200.00 $ 2,000.00 $ 6.50 $ 870.00 4,000.00 95.00 35.00 870.00 17,000.00 $ 17,000.00 $ 79, 000.00 60.00 26.00 45.00 1,100.00 25.00 1,100.00 280.00 $ 83,655.00 25,230.00 4,000.00 3,800.00 13,650.00 2,610.00 17,000.00 17,000.00 $ 79,000.00 7,800.00 $ 30,160.00 $ 1,125.00 $ 15,400.00 425.00 $ 8,800.00 1,120.00 1,000.00 $ 860.00 $ 6.50 400.00 4,000.00 $ 100.00 31.50 400.00 15, 000.00 15, 000.00 70, 000.00 43.85 $ 14.50 $ 40.00 525.00 $ 20.00 550.00 250.00 A37 A38 A39 A40 8-09 Raised Pavement Marker Type 2 8-22 Plastic Traffic Arrow 8-22 Plastic Traffic Letter 8-22 Plastic Stop Line 12" 2 HUND 18 EA EA 150 LF 500.00 80.00 100.00 50.00 1,000.00 1,440.00 300.00 7,500.00 $ 560.00 64.00 127.00 $ 5.60 1,120.00 1,152.00 381.00 840.00 500.00 57.00 114.00 5.00 83,655.00 $ 11,600.00 4,000.00 4,000.00 12,285.00 $ 1,200.00 $ $ 15,000.00 $ 15,000.00 70, 000.00 5,700.50 16,820.00 1,000.00 7, 350.00 340.00 4,400.00 1,000.00 1,000,00 1,026.00 342.00 750.00 A41 A42 8-22 Plastic Stop Line 24" 8-22 Plastic Crosswalk Line 190 LF 1,040 SF 50.00 8.00 9,500.00 $ 8,320.00 9.00 $ 4.25 1,710.00 4,420.00 8.00 4.00 1,520.00 $ 4,160.00 Tukwila 2019 Overlay Program - Bid Tabs.xlsx 216TH-3 01 Sheet 1 of 4 No. `. A43 A44 A45 A46 A47 A48 A49 A50 2019 Overlay and Repair Program Project No. 91910401 Bid Tabulation Tuesday, April 16, 2019 on No. <'= 8-22 8-22 8-23 8-02 8-02 8-02 8-19 8-19 Plastic Line, 8 Inch Paint Line, 4 Inch Temporary Pavement Markings Topsoil Type A Edge Restoration Property Restoration Adjust Franchise Utility ManholeNault Adjust Gas Valve KPG Interdisciplinary Design Total Quanti 550 9,930 9,120 20 1,000 1 9 Enineer Estimate LF LF LF CY LF FA EA EA Unit Cos 3.00 $ 0.50 0.25 $ 45.00 4.00 750.00 900.00 650.00 $ Total Cost 1,650.00 4,965.00 2,280.00 900.00 4,000.00 750.00 2,700.00 5,850.00 Tucci & Sons, Inc. Unit Cos 2.75 0.50 0.30 140.00 8.00 1,000.00 1,300.00 850.00 Total Estimated Construction Cost Schedule A _$ 961,35500 J Subtotal: $ $ Lakeside Industries, Inc. Unit Cost Total Cost 1,512.50 4,965.00 2,736.00 2,800.00 8,000.00 1,000.00 3,900.00 7,650.00 1;005,801,50 Subtotal,„, 2.50 0.40 0.15 100.00 2.00 1,000.00 995.00 395.00 1,375.00 3,972.00 1,368.00 2,000.00 2,000.00 1,000.00 2,985.00 3,555.00 ,027,688 50; B1 B2 B3 B4 B5 B6 B7 B8 B9 B10 B11 B12 B13 B14 B15 B16 B17 B18 .4E014 1-04 1-07 1-09 1-10 2-02 2-02 2-02 2-03 2-03 4-04 5-04 5-04 5-04 8-01 8-01 8-04 8-04 8-04 ROADWAY (SCHEDULE B Unexpected Site Changes SPCC Plan Mobilization Project Temporary Traffic Control Cement Conc. Sidewalk Removal Incl. Haul Cement Conc. Curb & Gutter Removal Incl. Haul Removal of Structure and Obstruction Unsuitable Foundation Excavation Incl. Haul Gravel Borrow Incl. Haul Crushed Surfacing Top Course Pavement Repair Excavation Incl. Haul Slurry Seal, Type 2 HMA for Pavement Repair Cl. 1/2" PG 64-22 Erosion/Water Pollution Control Inlet Protection Cement Conc. Extruded Curb Type 6 Cement Concrete Traffic Curb Cement Conc. Curb and Gutter 1 1 1 70 40 1 10 30 100 80 3,500, 70 1 10 700 520 170 FA LS LS LS SY LF LS CY TON TON CY SY TON FA EA LF LF LF 3,000.00 500.00 $ 10,000.00 10,000.00 60.00 30.00 1,000.00 95.00 25.00 60.00 90.00 4.00 150.00 500.00 80.00 15.00 40.00 60.00 3,000.00 500.00 $ 10,000.00 $ $ $ $ $ $ 10,000.00 4,200,00 1,200.00 1,000.00 950.00 750.00 6,000.00 7,200.00 14,000.00 10,500.00 500.00 800.00 10,500.00 20,800.00 10,200.00 $ 3,000, 00 60.00 1,000.00 5,700.00 44.00 38.00 3,900.00 125.00 25.00 53.00 40.00 2.75 115.00 500.00 95.00 8.00 45.00 49.00 $ $ $ 3,000.00 60.00 1,000.00 5,700.00 3,080.00 1,520.00 3,900.00 1,250.00 750.00 5,300.00 3,200.00 9,625.00 8,050.00 500.00 950.00 5,600.00 23,400.00 8,330.00 Reported Total Difference $ $ 3,000.00 1,000.00 21,000.00 13,000.00 75.00 40.00 2,500.00 150.00 25.00 35.00 75.00 15.00 150.00 500.00 100.00 8.00 31.00 30.00 1,028,038.50 (350.00) 3,000.00 1,000.00 21,000.00 13,000.00 5,250,00 1,600.00 2,500.00 1,500.00 750.00 3,500.00 6,000.00 52,500.00 10,500.00 500.00 1,000.00 5,600.00 16,120.00 5,100.00 B19 B20 B21 B22 8-14 8-14 8-22 8-02 Cement Conc. Sidewalk Cement Conc. Curb Ramp Paint Line, 4 Inch Topsoil Type A 70 1 1,400 40 SY EA FT CY 70.00 $ 2,000.00 0.30 45.00 4,900.00 2,000.00 420.00 1,800.00 Subtotal $ 121,220.00 69.00 2,300.00 0.50 140.00 $ Subtotal $ 4,830.00 2,300.00 700.00 5,600.00 98,645.00 45.00 800.00 0.40 200.00 Subtotal $ 3,150.00 800.00 560.00 8,000.00 162,930.00 dta stir is es R ons "uctiori: ,opt. ae . e.• 11 e_l3 I t_I .Sus ot- • . SU • tot 930.1 Tukwila 2019 Overlay Program - Bid Tabs.xlsx 216TH-3 Sheet 2 of 4 2019 Overlay and Repair Program Project No. 91910401 Bid Tabulation Tuesday, April 16, 2019 Section No. KPG Interdisciplinary Design Total Quanti Enineer Estimate Unit Cost Total Cost Tucci & Sons, Inc. Lakeside Industries, Inc. Unit Cost Total Cost C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 1-04 1-07 1-09 1-10 2-02 2-02 2-02 2-03 4-04 5-04 7-12 8-01 8-02 8-04 8-06 8-14 Unexpected Site Changes SPCC Plan Mobilization Project Temporary Traffic Control Cement Conc. Sidewalk Removal Incl. Haul Cement Conc. Curb Removal Incl. Haul Roadway Excavation Incl. Haul Unsuitable Foundation Excavation Incl. Haul Crushed Surfacing Top Course HMA Cl. 1/2" PG 64-22 Adjust Water Valve Inlet Protection Root Barrier Reinforced Cement Conc. Curb and Gutter Cement Conc. Driveway Entrance Cement Conc. Sidewalk 1 1 30 90 200 20 50 280 2 6 30 50 50, 30 FA LS LS LS SY LF CY CY TON TON LF LF SY SY 5,000.00 1,000.00 10, 000.00 10,000.00 60.00 25.00 48.00 60.00 45.00 110.00 500.00 80.00 20.00 50,00 80.00 65.00 5,000.00 $ 1,000.00 $ $ 10,000.00 $ 10,000.00 $ 1,800.00 $ 2,250.00 $ 9,600.00 $ 1,200.00 $ 2,250.00 $ 30,800.00 $ 1,000.00 $ 480.00 $ 600.00 $ 2,500.00 $ 4,000.00 $ 1,950.00 $ 5,000.00 60.00 1,800.00 7,600.00 50.00 17.00 118.00 60,00 50.00 170.00 870.00 95.00 56.00 64.00 64.00 49.00 $ $ 5,000.00 $ 60.00 $ 1,800.00 $ 7,600.00 $ 1,500.00 $ 1,530.00 $ 23,600.00 $ 1,200.00 $ 2,500.00 $ 47,600.00 $ 1,740.00 $ 570.00 1,680.00 $ 3,200.00 $ 3,200.00 $ 1,470.00 $ 5,000.00 1,000.00 12, 000.00 5,200.00 60.00 50.00 75.00 75.00 35.00 110.00 400.00 100.00 10.00 60.00 60.00 45.00 $ 5,000.00 1,000.00 12,000.00 5,200.00 1,800,00 4,500.00 15,000.00 1,500.00 1,750.00 30,800.00 800,00 600.00 300.00 3,000.00 3,000.00 1,350.00 C17 C18 C19 C20 8-09 8-09 8-22 8-19 Raised Pavement Marker Type 1 Raised Pavement Marker Type 2 Plastic Traffic Arrow Adjust Franchise Utility Box/Vault 1 0 2 2 HUND HUND 500.00 500.00 80.00 500.00 500.00 $ 100.00 $ 160.00 $ $ 1,000.00 $ Subtotal $ Totai Estimated:Construction Cost Schedule $`<:' 86,190.00 280.00 560.00 64.00 1,350.00 Subtotal $ 90.00 Subtotal 280.00 $ 112.00 $ 128.00 $ 2,700.00 $ 107,470.00 07.470.001 Subtotal Reported Total Difference 250.00 500.00 60.00 995.00 $ Subtotal $ $ 250,00- 100.00 120.00 1,990.00 90,060.00 90.060.00: 87,360.00 2,700.00 te ROADWAY (ADDITIVE SCHEDULE D) �- 3 D1 D2 D3 1-04 1-09 1-10 Unexpected Site Changes Mobilization Project Temporary Traffic Control FA LS LS 2,000.00 8,000.00 8,000.00 2,000.00 $ 8,000.00 8,000.00 2,000.00 $ 1,000.00 $ $ 16,500.00 $ 2,000.00 $ 1,000.00 $ 16,500.00 $ 2,000.00 $ 10, 000.00 $ 6,500.00 2,000.00 10,000.00 6,500.00 D4 D5 D6 D7 D8 2-02 4-04 5-04 5-04 Roadway Excavation Incl. Haul Crushed Surfacing Top Course HMA Cl. 1/2" PG 64-22 Planing Bituminous Pavement Not Used 30 10 370 2,000 CY TON TON SY 75.00 60.00 110.00 $ 5.00 2,250.00 600.00 _ 40, 700.00 10,000.00 $ 94.00 $ 44.00 110.00 4.00 2,820.00 $ 440.00 40,700.00 8,000.00 75.00 $ 35.00 $ 115.00 6.20 $ 2,250.00 350.00 42,550.00 12,400.00 D9 Not Used D10 Not Used D11 D12 D13 8-09 8-09 Not Used Raised Pavement Marker Type 1 Raised Pavement Marker Type 2 2 HUND HUND 500.00 500.00 $ 1,000.00 500.00 280.00 560.00 560.00 560.00 250.00 500.00 500.00 500.00 D14 8-22 Plastic Traffic Arrow EA 80.00 $ 240.00 64.00 192.00 57.00 171.00 Tukwila 2019 Overlay Program - Bid Tabs.xisx 216TH-3 Sheet 3 of 4 2019 Overlay and Repair Program Project No. 91910401 Bid Tabulation Tuesday, April 16, 2019 Interdisciplinary Design Design Enineer Estimate Tucci & Sons, Inc. Lakeside Industries, Inc. Bid Item No, Section No. Item t Total Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1 • D15 8-22 Plastic Stop Line 24" 25 LF 50.00 1,250.00 9.00 225.00 $ 8.00 200.00 D16 8-22 Plastic Crosswalk Line 100 SF 8.00 800.00 4.25 425.00 4.00 400.00 D17 8-22 Paint Line, 4 Inch 632 LF 0.50 316.00 0.50 316.00 0.40 252.80 D18 8-23 Temporary Pavement Markings 700 LF 0.25 175.00 0.30 210.00 0.50 350.00 D19 8-19 Adjust Gas Valve 650.00 650.00 Subtotal $ 76,481.00 900.00 Subtotal $ 900.00 74,848.00 400.00 Subtotal $ 400.00 78,823.80 II I • Reported Total Difference $ $ 78,823.00 0.80 :''---CONSTRUCTION'StIBTOTALBASE'131D-ISgHEDULESA. COkSTRUCT-1014SUBTOtAL-ADIall'IVE-4SoFIEDULE 70481 ao:f 1,211,016.50J SCH ALBJSC i 286678'50 D 74,848.00 I SCH 78,823.80 Reported Total A $ 1,028,038.50 Reported Total B $ 162,930.00 Reported Total C $ 87,360.00 Reported Subtotal A,B&C $ 1,278,328.50 Difference Reported Total D 2,350.00 78,823.00 Difference 0.80 Tukwila 2019 Overlay Program - Bid Tabs.xlsx 216TH-3 Sheet 4 of 4 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes May 7, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Zak Idan, Chair; Kate Kruller, Kathy Hougardy Staff: David Cline, Henry Hash, Hari Ponnekanti, Gail Labanara, Han Kirkland, Susan Murrietta, Peter Lau, Scott Bates, Laurel Humphrey CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Bid Award: 2019 Overlay and Repair Program *Staff is seeking Council approval of a construction contracth Tucci & Sons, Inc. in the total amount of $1,286,764.50 for the 2019 Overlay and Repair ogram. Construction will include pavement repairs and an asphalt overlay at seven locations citywide. The contract total includes bid additive "D" in the amount of $74,848.00 for the overlay of S. 124th St. at 50th Place South. Councilmember Kruller asked if the ADA improvements on Interurban Avenue South near the bike path will benefit bicyclists, and staff confirmed that tombicycle ramp will be widened. Chair Idan noted that the City should have a broader conversation about expanding funding for the Overlay program. MAJORITY APPROVAL. FORWARD TO MAY 20, 2019 REGULAR CONSENT AGENDA. B. Contract Amendment: 2019 Overlay and Repair Program Staff is seeking Council.approval of Amendment No. 2 to Contract No. 18-199 with KPG, Inc. in the amount of $179,57 to provide construction management services for the 2019 Overlay and RepairProram. With phis amendment the contract will be extended until December 31, 2019 nd the total will be 0,308.00. MAJORITY APPROVAL. FORWARD TO MAY 20, 2019 REGULAR CONSENT AGENDA. C. ContractAmendment: 53r` Avenue South Project Staff is seeking Council approval of Amendment No. 6 to Contract No. 15-159 with KPG, Inc. in the amountof $259,770 for the 53rd Avenue South Project. This amendment will support the full completion of the project, anticipated by June 2019. It is possible that utility conversion work will interfere with the construction completion. The current project budget can cover the amendment and leaves a contingency of $350,000. Speed cushions will be installed within the next couple of weeks. Councilmember Kruller inquired about a strategy to plan for more budget at the outset of projects as she has seen in the City of Seattle. Staff noted that contingency funding varies by project, and that utility undergrounding presents unknown risks and problems. Councilmember Kruller mentioned that it is common for cities to experience delays and other issues with Seattle City Light and it would be good to work toward solutions. 69 70 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 05/20/19 Prepared by HH Mayor's review 00'1 Council review ITEM INFORMATION ITEM No. 4.E. STATE SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 05/20/19 AGENDA ITEM TITLE 2019 Annual Overlay & Repair Construction Management Amendment Program No. 2 with KPG, Inc. CATEGORY Discussion Mtg Date ri Motion Date 05/20/19 [1] Resolution Mig Date El Ordinance Mtg Date 0 131d Mg Date Award . Public Hearing Eill Other Altg Date Mfg AN Date SPONSOR ElCouncil flMayor OHR DCD Fznance flP&R Eourt liFire TS Po/ice 0 PW SPONSOR'S KPG is currently the design consultant for the 2019 Overlay & Repair Project with Contract SUMMARY No. 18-199. During construction, the City will need construction management support and KPG was selected as the most qualified. The construction bid will be awarded to Tucci and Sons on 05/20/19. Council is being asked to approve Amendment No. 2 for construction mananagement with KPG in the amount of $179,576.00. REVIEWED BY 0 C.O.W. Mtg. CDN Comm fl Arts Comm. El Finance 0 Parks Comm. Eil Public Safety Comm. Comm. Ej Planning Comm. CHAIR: ZAK IDAN Trans &Infrastructure DATE: 05/07/19 COMM 11 EE RECOMMENDATIONS: SPONSOR/ADMIX. CommuTEE Public Works Department Majority Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $179,576.00 $200,000.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 16, 2019 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/20/19 MTG. DATE ATTACHMENTS 05/20/19 Informational Memorandum dated 05/03/19 KPG Supplement No. 2 to Contract 8-199, Scope of Work, and Fee Minutes from the Transportation & Infrastructure Committee meeting of 05/07/19 71 72 aNtIlLit 1/4 10, Public Works Department - Henry Hash, Director INFOR ATIONAL E ORANDU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Scott Scott Bates, Traffic Engineering Coordinator CC: Mayor Ekberg DATE: May 3, 2019 SUBJECT: 2019 Overlay and Repair Program Project No. 91910401, Contract No. 18-199 Amendment No.2 for Construction Management Services Allan Ekberg, Mayor ISSUE Execute Amendment No. 2 to Contract No. 18-199 with KPG, Inc. (KPG) to provide construction management services for the 2019 Overlay and Repair Program. BACKGROUND On October 19, 2018 the Council approved the contract with KPG to provide design services for the 2019 Overlay and Repair Project. Amendment No.1 was added to design the repairs from the water main break on Andover Park East. KPG was selected to provide construction management services as Amendment No. 2 to the 2019 Overlay and Repair Program design contract. DISCUSSION KPG has provided Contract Amendment No. 2, with the scope of work and fee for construction management services for $179,576.00. The contract duration will be extended until December 31, 2019 to allow for project closeout and the new contract total will now be $350,308.00. FISCAL IMPACT Amend No.2 CM 2019 Budget Amend No.2 for Construction Management $179,576.00 $200,000.00 RECOMMENDATION Council is being asked to approve Amendment No. 2 to Contract No. 18-199 for construction management services with KPG, Inc. for the 2019 Overlay and Repair Program in the amount of $179,576.00 for a new total contract amount of $350,308, and consider this item on the Consent Agenda at the May 20, 2019 Regular Meeting. ATTACHMENTS • KPG Amendment No. 2 RIM Eng1PROJECTSIA- RW & RS Projects1Annual Overlay & Repair Programs12019 Overlay & Repair Program (91910401)1DesignlAd and AwardlAwardIDocs to TIC Bid Award\Final Docs to TICIInfoMerno Overlay 2019 CM Am No2 50319.docx 73 74 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and KPG, P.S. That portion of Contract No. 18-199(a) between the City of Tukwila and KPG, P.S. is hereby amended as follows: Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide construction services in accordance with the scope of work included as Exhibit A-2. Article 3 - Duration of Agreement; Time for Performance shall be modified as follows: This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2019, unless sooner terminated under the provisions hereinafter specified Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2019 unless an extension of such time is granted in writing by the City. Article 4, Payment, shall be modified as follows: Payment for work provided by Consultant shall be made as provided on Exhibit B-2, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $179,576.00 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $350,308.00 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of 20 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: AE:LS 6.3 1:4404 ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 75 EXHIBIT A-2 Construction Management Services Scope of Work April 18, 2019 City of Tukwila — 2019 Overlay Program This work will provide construction management services for the construction contract to complete the City of Tukwila — 2019 Overlay Program. These services will include design support, project management, documentation control, inspection, materials testing, and contract administration during the construction of the project, as detailed below. KPG ("Consultant") will provide to the City of Tukwila ("City") construction management services for the project. A detailed scope for the Contract follows: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The proposed project team will include one part-time documentation control specialist, a part-time resident engineer, a full-time inspector, project design staff as needed, and a sub -consultant to provide services for materials testing. It is anticipated that full-time site observation will be required for the entirety of the project, which includes night work on select sites. The level of service is based on a construction project duration of approximately 40 working days. • KPG estimates a total project construction duration of 60 working days (12 weeks) including two weeks for preconstruction service, eight weeks for construction services, and two weeks for project closeout and record drawing preparation. No suspensions or stop work periods are anticipated during this duration. • It is anticipated that the KPG will develop the Record of Materials (ROM). This scope of services provides the management of the ROM and scheduling of required materials testing respectively. • It is anticipated that the City will review and execute the insurance, bonds, and the Construction Contract. • It is anticipated that the Contractor will do all public outreach, and ensure affected business and residents are notified of impending contractor activities one week prior to work. • The design engineers from KPG will be available during construction to answer questions during construction and review RAM's, shop drawings, and answer RFI's as required. City of Tukwila —2019 Overlay Program Construction Management Services Scope of Work Page 1 of 7 KPG Project Number 18161 4/19/2019 76 EXHIBIT A-2 • Services will be performed in accordance with the Contract plans & special provisions, and City engineering standards. II. SCOPE OF WORK The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project to the City by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for. TASK 1 — MANAGEMENT/COORDINATION/ADMINISTRATION Provide overall project management, coordination with the City, monthly invoicing. This effort will include the following elements. • Organize and layout work for project staff. • Review monthly expenditures and CM team scope activities. Prepare and submitinvoices describing CM services provided each month. Deliverables • Monthly invoices reports TASK 2— PRECONSTRUCTION SERVICES 2.1 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices. The Consultant's project manager, resident engineer, inspector, and document control specialist will attend the preconstruction conference. The Consultant will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Pre -construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, Federal, State, and local requirements and any other items that will result in better project understanding among the parties involved. Deliverables • Preconstruction conference agenda with meeting minutes TASK 3 — CONSTRUCTION SERVICES - FIELD 3.1 On -site Observation: The Consultant shall provide the services of one full time inspector during construction activities and other tasks necessary to monitor the progress of the work. An additional inspector, may be incorporated as dictated by the Contractor's approach to the Work. Construction staff shall oversee the following items of work, on the project site, and will observe the technical progress of the construction, including providing day-to-day contact with the Contractor and the City: o Preparation to include mobilization and clearing and grubbing City of Tukwila — 2019 Overlay Program Page 2 of 7 KPG Construction Management Services Project Number 18161 Scope of Work 4/19/2019 77 EXHIBIT A-2 o Erosion Control o HMA grinding and paving o Driveways, curb, gutter and sidewalk o And all incidental items necessary to complete the Work as described in the Plans and/or Specifications. Field inspection staff will perform the following duties as a matter of their daily activities: i. Observe technical conduct of the construction, including providing day-to-day contact with construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the Standard Specifications. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the City of any non -conforming work observed during site visits. iii. Document all material delivered to the job site in accordance with the contract documents. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. v. Interpret Contract Documents in coordination with the City and KPG. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. viii. Prepare field records and documents to help assure the Project is administered in accordance with the funding requirements. ix. Collect and calculate delivery tickets and salesman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified (Construction Manual 10-2). x. Attend and actively participate in regular on -site weekly construction meetings. xi. Take periodic digital photographs during the course of construction, and record locations. xii. Coordinate with the City's maintenance personnel. xiii. Punch list. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. Assumptions: • Consultant will provide observation services for the days/hours that the contractor's personnel are on -site. • Consultant will provide qualified personnel for inspection of all bid item work. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non -conforming work, and pursue the other remedies in the interests of the City, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractors' performance, and it is understood that Consultant shall assume no responsibility for: proper construction means, methods, techniques; project site safety, safety precautions or programs; or for the failure of any other entity to perform its work City of Tukwila — 2019 Overlay Program Page 3 of 7 KPG Construction Management Services Project Number 18161 Scope of Work 4/19/2019 78 EXHIBIT A-2 in accordance with laws, contracts, regulations, or City's expectations. 3.2 Substantial Completion: Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punchlist' of items to be completed. A punchlist and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City. 3.3 Materials Testing: Coordinate the work of the materials testing technicians and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and address deficiencies. Frequency of testing shall be determined by the resident engineer. Deliverables • Daily Construction Reports with project photos — submitted on a weekly basis • Punch List, Certificate of Substantial Completion • Review test reports for compliance TASK 3.4 — CONSTRUCTION SERVICES — OFFICE A. Document Control. Original documentation will be housed at the Consultant's office, and filed in accordance with standard filing protocol. A copy of working files will be maintained in the field office. Document Control consists of: • Final Estimate (Approving Authority File) 2 Comparison of Preliminary and Final Quantities (Approving Authority File) • Final Records (Approving Authority File) • Record of Material Samples and Tests • Affidavit of Wages Paid • Release for the Protection of Property Owners and General Contractor B. Project Coordination: Liaison with City, construction contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. C. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and/or budget changes. D. Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked,on a weekly basis. E. Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for conformance with the contract documents. F. Lump Sum Breakdown: Evaluate construction contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated with detailed data. G. Monthly Pay Requests: Prepare monthly requests for payment, review with the City, contractor and approve as permitted. Utilize City provided format for pay estimates, or Consultant format. H. Monthly Schedule Review: At the monthly cutoff, review contractor's updated schedule and compare with field -observed progress, as described in Section 1-08 of the Special Provisions. In addition, perform schedule analysis on contractor provided CPM updates and review schedule for City of Tukwila — 2019 Overlay Program Construction Management Services Scope of Work Page 4 of 7 KPG Project Number 18161 4/19/2019 79 EXHIBIT A-2 delays and impacts. Coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control. Certified Payroll: Process and track all certified payroll per State Prevailing Wage Requirements. This includes verifying the initial payroll for compliance and 10% of all payrolls submitted thereafter. Tracking payroll each week. J. Weekly Statement of Working Days: Prepare and issue weekly statement of working day report each week. K. Subcontractor Documentation: Process / Approve all required subcontractor documentation. Request to Sublets will be verified and logged. This includes checking System Award Management System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into KPG's subcontractor logs. L. Record Drawings: Review record drawings prepared by the Contractor, and prepare a conformed set of project record drawings based on Contractor provided information and from inspection notes. Record drawings to be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. The Consultant will provide the marked up plan sheets with both the contractors and inspectors as -built information to the design team to make revisions in AutoCAD and prepare record mylars. M. Physical Completion Letter: Following completion of all punchlist work, prepare physical completion letter to the contractor, and recommend that City and/or Utilities accept the project. N. Project Closeout: Transfer all project documents to the City for permanent storage. • Schedule review comments • As -built schedule • Meeting agendas and notes • Monthly Pay Estimates • Subcontractor Packets • Cost Projection • Physical Completion Letter • Final Project Documents • Record Drawings (AutoCAD, .pdf, and 1 full size mylar copy) TASK 3.5 — SUBMITTAL/RFI PROCESSING A. Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Key submittals to be transmitted to the City for their review and approval. Submittals shall be logged and tracked. B. Request for Information (RFI): Review and respond to RFI's. RFI's shall be logged and tracked. C. Record of Materials (ROM): Utilize ROM prepared by KPG and update based on Special Provisions and Plans for use on the project, based on the contract specifications. The ROM will be maintained by the Resident Engineer. The ROM will track all of the materials delivered to the site including manufacturer/supplier, approved RAM's, QPL items, material compliance documentation, and all other required documentation. Deliverables • Submittal log • RFI Log City of Tukwila — 2019 Overlay Program Page 5 of 7 KPG Construction Management Services Project Number 18161 Scope of Work 4/19/2019 80 EXHIBIT A-2 • Completed Record of Material for Material Certification TASK 3.6 — CHANGE MANAGEMENT A. Case Log: Develop and maintain a case log which includes change orders, RFP's, Field Work Directives B. Change Orders: Develop change orders and provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. Each change order will be executed in accordance with WSDOT Standard Specifications and contain the following: • Change order • Independent Cost Estimate • Time Impact Analysis • Contractor's Pricing • Verbal Approval Memo • Back up documentation C. Field Work Directives: Prepare field work directives as necessary to keep the contractor on schedule. D. Minor Change Orders: Develop minor change orders per WSDOT Standard Specifications. Each minor change order will be executed and contain the following: • Independent Cost Estimate • Verbal Approval Memo • Back up documentation E. Force Account: Track contractor force account labor, equipment and materials. All force account calculations will be verified by the engineer and double checked by the documentation specialist. Deliverables • Change Order(s) • Case Management Log • RFI Log • Minor Change Order(s) • Force Account Records City of Tukwila —2019 Overlay Program Construction Management Services Scope of Work Page 6 of 7 KPG Project Number18161 4/19/2019 81 82 HOUR AND FEE ESTIMATE Project: City of Tukwila 2019 Overlay Program Amendment No. 2 - Construction Services 1 - Management, Coordination, Administration (Estimated duration 12 weeks) Weekly level of effort by Classification 2 2 EXHIBIT B-2 0 0 0 0 0 0 2 • Architectures• Landscape Architecture 4 Civil Engineering • Preconstruction Budget Estimate 24 24 0 0 0 0 0 0 24 9,456.00 - Preconstruction Services (Estimated duration 2 weeks) Weekly level of effort by Classification 0 8 8 0 0 8 0 12 4 Preconstruction Budget Estimate 4 - Construction Services (Estimated duration 8 weeks) 0 16 16 0 0 16 0 24 8 $ 9,440.00 Weekly level of effort by Classification 4 20 16 0 0 60 0 20 8 1 Construction Period Budget Estimate 32 160 128 0 0 480 0 160 64 $ 120,448.00 5 - Closeout/Record Dwg Services (Estimated dura Weekly level of effort by Classification ion 2 weeks) 0 16 4 8 8 24 0 16 4 Closeout / Record Dwg Budget Estimate 0 32 8 16 16 48 0 32 8 18,232.00 j Reimbursables & Subconsultants Material Testing Allowance $ Construction Vehicle Mileage $ Miscellaneous - Repro, Field Supplies $ 4/23/2019 20,000.00 1,000.00 1,000.00 84 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes May 7, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Staff: CALL TO ORDER: Zak Idan, Chair; Kate Kruller, Kathy Hougardy David Cline, Henry Hash, Hari Ponnekanti, Gail Labanara, Han Kirkland, Susan Murrietta, Peter Lau, Scott Bates, Laurel Humphrey Committee Chair Idan called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Bid Award: 2019 Overlay and Repair Program Staff is seeking Council approval of a construction contractth Tucci & Sons, Inc. in the total amount of $1,286,764.50 for the 2019 Overlay and Repair Program. Construction will include pavement repairs and an asphalt overlay at seven locations citywide. The contract total includes bid additive "D" in the amount of $74,848,00 for the overlay of S. 124th St. at 50th Place South. Councilmember Kruller asked if the ADA'mprovents on Interurban Avenue South near the bike path will benefit bicyclists, and staff confirmed that tom` bicycle ramp will be widened. Chair Idan noted that the City should have a broader conversation about expanding funding for the Overlay program. MAJORITY AP OVAL. FORWARD TO MAY 20, 2019 REGULAR CONSENT AGENDA. B. Contract Amendinent: 2019 overlay and Repair Program Staff is seeking Council,,approval of Amendment No. 2 to Contract No. 18-199 with KPG, Inc. in the amount of $179,57 to provide construction management services for the 2019 Overlay and RepairProram. With phis amendment the contract will be extended until December 31, 2019'arid the to will be $ ,308.00. MAJORITY APPROVAL. FORWARD TO MAY 20, 2019 REGULAR CONSENT AGENDA. C. Contract' Amendment: 53rd Avenue South Project Staff is seeking Council approval of Amendment No. 6 to Contract No. 15-159 with KPG, Inc. in the amount of $259,770 for the 53rd Avenue South Project. This amendment will support the full completion''f the pject, anticipated by June 2019. It is possible that utility conversion work will interfere with the construction completion. The current project budget can cover the amendment and leaves a contingency of $350,000. Speed cushions will be installed within the next couple of weeks. Councilmember Kruller inquired about a strategy to plan for more budget at the outset of projects as she has seen in the City of Seattle. Staff noted that contingency funding varies by project, and that utility undergrounding presents unknown risks and problems. Councilmember Kruller mentioned that it is common for cities to experience delays and other issues with Seattle City Light and it would be good to work toward solutions. 85 86 COUNCIL AGENDA SiwoPsis Initials Meeting Date 0 /20 19 Prepared by HH illayor's review Council review 14q ITEM INFORMATION ITEM No. 4.F. Sfik1.1, SPONSOR: HENRY HASH ORIGINAL, AGr.NDA DA 11,.: 05/20/19 AGENDA ITEM TITLE 53rd Avenue South Project (South 137th to South 144th Streets) Construction Management Amendment No. 6 with KPG, Inc. CATEGORY • Discussion Motion Date 05/20/19 E] Resolution Altg Date El Ordinance Mg Date [1] Bid Award Mtg Date [I] Public Hearing Mfg Dale El Other Aftg Date Mtg Date Mtg SPONSOR flcouncil Major DHR LDCD UFinance UFite OTS OP R UPolice Court P SPONSOR'S Amendment No. 6 to Contract No. 15-159 is for additional construction management Summ,\Ry services for the 53rd Avenue South Residential Street Project Due to utility conversion delays, additional time is needed to provide construction management through the end of the project. Council is being asked to approve the construction management Amendment No. 6 with KPG for $259,770.00. REVIEWED BY El C.O.W. Mtg. CDN Comm fl Arts Comm. 0 Finance Comm. rj Parks Comm. 0 Public Safety Comm. El Planning Comm. ZAK IDAN 1 Trans &Infrastructure DATE: 05/07/19 COmmii I EE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. CONINIFIThE Public Works Department Majority Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $259,770.00 $9,250,000.00 $0.00 Fund Source: 103 RESIDENTIAL STREET FUND (PG 3, 2019 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 0 20 19 NITG. DATE ATTACHMENTS 05/20/19 Informational Memorandum dated 05/03/19 Page 3, 2019 CIP KPG Amendment No. 6 to ContractNo. 15-159 Minutes from the Transportation & Infrastructure Committee meeting of 0 07 9 87 88 City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director l',44 BY: Peter Lau, Senior Program Manager CC: Mayor Allan Ekberg DATE: May 3, 2019 SUBJECT: 53rd Avenue South Project (South 137th Street to South 144th Street) Project No. 99110301, Contract No. 15-159 Construction Management Amendment No. 6 with KPG, Inc. ISSUE Approve Amendment No. 6 to Consultant Contract No. 15-159 with KPG, Inc. Allan Ekberg, Mayor BACKGROUND Contract No. 15-159 with KPG provided design and construction management (CM) services for the 53rd Ave S Project. DISCUSSION KPG's Amendment No. 6 will allow the continuation of construction engineering, inspection, and documentation compliance support for the full completion of the 53rd Ave S Project. The construction project is currently anticipated to be completed by June 2019. However, the progress of the utility conversion work will dictate when construction will actually be physically completed. If the slow progress of the utility conversion prohibits the contractor from efficiently completing the construction project, construction will be suspended until the utility conversion work is completed. FISCAL IMPACT The table below shows the project budget and expenditures, with the inclusion of KPG's Amendment No. 6: KPG's fee of $259,770.00 is reasonable for the scope of work provided to complete this challenging project. Design CM Construction Budget Design & ROW (up to Am No. 3) $809,382 $832,000 KPG CM Amendment Nos. 4 & 5 $858,842 870,000 KPG CM Amendment No. 6 259,770 City CM Staff (estimated total) 100,000 SCI Construction Contract w/ sales tax 5,953,250 7,548,000 SCI Change Orders No. 1 to 5 w sales tax 632,017 Construction Contingency 350,000 Total $809,382 $1,218,612 $6,935,267 Grand Total $8,963,261 $9,250,000 The current 2019 CIP project budget is sufficient to cover the cost of KPG's Amendment No. 6 and will leave a construction contingency of $350,000 to cover all future change orders and other additional costs needed to physically complete the 53rd Ave S Project. RECOMMENDATION Council is being asked to approve Amendment No. 6 to Contract No. 15-159 with KPG, Inc. in the amount of $259,770 for a new contract total of $1,774,201.69 for the 53rd Ave S Project and to consider this item on the Consent Agenda at the May 20, 2019 Regular Meeting. Attachments: 2019 CIP, page 3, KPG Amendment No. 6 W:IPW EngIPROJECTS1A- RW & RS Projects153rd Ave S (99110301)ICN Management Memo for KPG Supp #6, gl HH 050319.docx 89 90 JUSTIFICATION: STATUS: M*VNT.|MPAcT CITY OPTQKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 53rd Ave S (S137th St'S144th St) Project No. 98110301 Design and construct urban residential street improvements that include curb, gutter, sidewo|k.undergmunding. and illumination. Street will coordinate with Water $1.1m, Sewer $185k, and Surface Water $920k CIP projects. Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization. Undergmunding isincluded otthis time. Reduce pavement, shoulder, and drainage work. State T|Bgrant for $2.14Mfor roadway and drainage. See additional pages inEnterprise funds under 53rd Ave S Projects. Seattle City Light is now negotiating a 60/40 underground split and undergrounding costs have been added hoproject. Bond for $2million. FINANCIAL Through Estimated EXPENSES Design Lend(R8N) Const.|wgmt. Construction Undengrnunding TQT/u-EXPENSES 607 167 764 21 47 485 3.239 1,379 e.121 485 2.050 080 3.36e V V n V 0 0 one 204 870 5.289 2.258 9/250 FUND SOURCES UUUUeuVV/G/SWM Awarded TOGrant Seattle City Light Bond City OpocRevenue 259 85 2.049 (1,609) 1.161 1.912 729 1,319 1.254 3e4 428 1.318 O ' Q n O 0 O 2,074 2,341 1.157 2,049 1.029 2019'uou*Capital Improvement Program 3 91 92 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #6 Between the City of Tukwila and KPG Inc. That portion of Contract No. 15-159 between the City of Tukwila and KPG Inc. is amended as follows; Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide construction services in accordance with the scope of work included as Exhibit A-6. Article 4, Payment, shall be modified as follows: Payment for work provided by Consultant shall be made as provided on Exhibit B-6, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $259, 770.00 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $1,774,201.69 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of ,20 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: Nelson Davis,.KPG ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk City Attorney Page 1 of 1 93 EXHIBIT A-6 Supplement 6 Additional Construction Management Services Scope of Work March 2019 �;�m^m��-��xax^Va ~^^~v —` ^~`--^^ Project No. 99110901 TUBProject [N0.:0-I2)-1 1^ BACKGROUND This work will provide additional construction management services for the construction contract to complete 53 d Avenue S Roadway Improvements (S 144' Street to 3 1371h Street). These additional services are the result of: • Additional working days added through approved change orders (4Qworking days apprnyed. • Anticipated additional working days for force account work and to allowBCLto complete energization of underground system, and wreckout of aerial system (27 working days estimated). • Weather days (30.5 approved to date, estimate 35 total through physical completion) The original contract duration was 215 Working days, beginning on April 9, 2018 and ending on February 15,2019. An additional 10Sworking days are anticipated based on the change orders and weather days described above, resulting |nacompletion date ofJuly 17,2O19. This supplement is provided to continue construction management and inspection services in accordance with the original authorization and osdetailed below: lL INTRODUCTION The foUpwin8scopoofservices and associated costs are based upon the assumptions outlined below. General Assumptions: � The proposed project team for additional mxocNnQ days will include one part-time project manager, one part-time resident engineer, one part-time documentation control specialist, one full-time inspector, additional part-time inspector for certain work elements, design team, management, and administrative support as required, sub'consu|tantsto provide services for materials testing, and other supporting tasks osdeemed necessary. |tiyanticipated that full-time site observation will berequired for the entire duration ofconstruction. City qfTukwila f31d Ave S Additional Construction Management Services Scope of Work — Supplement 6 Page I of 4 KPG Project #15085 94 EXHIBIT A-6 m The level ofservice b based onadditional project duration ofupto 105working days per the assumptions in the Background section of this scope of work. w KPG field staff will continue to perform day to day public outreach to ensure affected residents are notified in advance of impending contractor activities. The design engineersfrom KPGwill beavailable during construction tnanswer questions during construction and review RAMs,shop drawings, and answer RRs, The engineer ofrecordxi||be available to provide background information on the design should it be necessary. � Services will beperformed /naccordance with the Contract plans & special provisions, VVSDDT Local Agency Guidelines ("iAG^),the VVS0OTConstruction Manual, and the client engineering standards. 9 The franchise utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems not constructed by the Clients Contractor, if necessary. Client/Field Office: The Contractor will provide a field office as required by the contract documents. The Consultant's field'staff shall have access to the field office. Ill. SCOPE OF WORK The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project tothe client by ensuring that the improvements are constructed |naccordance with the approved Plans and Specifications, asmay beamended ar.revised, that all of the required Project documentation is accounted for, and ultimately that the client receives successful review byT|Batthe end ofthe Project. TASK 1—MANAGEMENT/COORDINATION/ADMINISTRATION No additional funds are requested for this task. We have been able tomitigate the longer contract duration and can continue to provide the services described in the original scope of work within the previously authorized budget. TASK 2 — DESIGN SUPPORT No additional funds are requested for this task. We have been able to mitigate the longer contract duration and can continue to provide the services described in the original scope of work within the previously authorized budget. TASK 3—P8ECQ@STRUC00NSERVICES Work is complete, no additional funds are requested for this task. City of Tukwila £F»Ave S Additional Construction Management Services Scope pfWork —Supplement 6 Page 2 of 4 KPG Project #15085 95 TASK 4—CONSTRUCTION OBSERVATION Construction Observation services will continue in accorclance with the original scope of work. Additional observation time is required to achieve physical completion due to longer contract duration: 4.5The Consultant shall provide the services of one full-time inspector with necessary oversight, engineering, and administrative support for an additional 105 working days as described in the Background section ofthis scope ofwork. Part-time inspection /santicipated for certain remaining work elements. The budget is based on 40 hours/week full-time inspection and 20 hours/week part- time inspection for up to 105 working days associated with change order and weather days. Deliverables m Daily Construction Reports with project photos — submitted on a weekly basis p Punch List, Certificate ofSubstantial Completion *Rgv|exvtest reports for compliance TASK 5—CONSTRUCTION SERVICES —/OFFICE Construction Office services will continue inaccordance with the original scope ofwork, Additional time is required to achieve physical completion due tolonger contractduration: S.S'The Consultant shall provide the services of one part-time resident engineer and one part-time documentation specialist with necessary oversight, engineering, and administrative support for an additional 105 working days as described in the Background section of this scope of work. The budget is based on 16 hours/week part-time resident engineer and JO hours/week part-time documentation specialist, Deliverables *Submittal log *RA Log w Completed Record ofMaterial for Material Certification *[hanQeOrdor(s) mChange Management Log ~RF|Lng *Minor Change Order(s) *Force Account Records *Record drawings inelectronic and hard copy format TASK G—SURVEY fkK8ATERIAlTESTNG No additional funds are requested for this task We have been able to mitigate the longer contract duration and can continue to provide the services described in the original scope of work within the previously authorized budget. City qfTukwila 53" Ave Additional Construction ManagementJervices Scope of Work —Supplement 6 Page 3 of 4 KPG Pr��#��s 96 EXHIBIT A-6 TASK 7'ADDITIONAL SERVICES Additional services requested by the client, will be performed only when authorized by the client. Authorization to perform additional services will be in writing, specifying the work to be performed, and basis of payment. Items such as Community Outreach.(except as completed on a day today basis by the inspector and resident engineer as described herein), Public Meetings, Ribbon Cutting Ceremony, claims analysis, additional surveying, services during shutdown periods of nmn'xxVrWnA days, and services for extended working days are examples of possible additional services. This fee is based on 340 working days (two weeks prior to construction, 215 working day contract, 105 additional days per this supplement, and two weeks for closeout, 8 hour days), additional extension of days will be approximately $3,000 per day. City qfTukwila BmAve J Additional Construction Management Services Scope of Work —Supplement 6 Page 4 of 4 KPG Project #15085 97 EXHIBIT B-6 HOUR AND FEE ESTIMATE Project: City of Tukwila TIB No. 8-1-116(012)-1 53rd Ave S Tukwila # 99110301 Supplement No. 6 KPG No. 15085 Additional Construction Management Services Nto.. Interdisciplinary Design Task Description Project Manager $ 166.00 Project Engineer $ 140.00 Resident Engineer $ 125.00 Senior Inspector $ 128.00 Const Inspector $ 92.00 Const Technician $ 77.00 Doc Control Admln S 77.0D Senior Admin 5 115.00 Budget Task 1 - Mena ement/Coordinallon/AdminIstration No Additional Budget Required Reimbursable expenses - no additional required Task Totals 0 0 0 0 0 0 0 0 Task 2 - Design Support during Construction No Additional Budget Required Reimbursable expenses - no additional Task Total uired a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ Task 3 - Preconstruction Services No Additional Budget Required Reimbursable expenses - no additional required Task Total Task 4 - Construction Observation 4.5 Construction observation (addl 90 days) Reimbursable expenses - no additional required Task Total 1 21 0 0 Task 5 - Construction Services - Office 5,27 Construction office services (add! 90 days) Reimbursable expenses - no additional required Task Total I 84 I 21 84 0 0 42 42 42 0 0 42 42 336 0 0 840 840 0 0 0 420 420 0 0 0 0 0 0 0 0 0 0 420 0 0 42 Task 6 - Survey 8 Material Testin No Additional Budget Required 0 42 0 336 0 0 0 0 0 0 0 420 0 42 0 $ 160.776 $ 160,776 $ 98,994 5 98,994 Reimbursable expenses - no additional required Task Total 0 0 Total Hours 105, 84 0 378 0 0 840 420 0 0 0 0 420 42 $ Total Budget: $ 259,770 City of Tukwila 53rd Ave S Additional Construction Management Services Budget Estimate - Supplement 6 Page 1 of 1 KPG Project 15085 March 2019 98 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes May 7, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Zak Idan, Chair; Kate Kruller, Kathy Hougardy Staff: David Cline, Henry Hash, Hari Ponnekanti, Gail Labanara, Han Kirkland, Susan Murrietta, Peter Lau, Scott Bates, Laurel Humphrey CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Bid Award: 2019 Overlay and Repair Program Staff is seeking Council approval of a construction contraccontract th Tucci & Sons, Inc. in the total amount of $1,286,764.50 for the 2019 Overlay and'Repair ogram. Construction will include pavement repairs and an asphalt overlay at seven locations citywide. The contract total includes bid additive "D" in the amount of $74,848„00 for the overlay of S. 124th St. at 50th Place South. Councilmember Kruller asked if the ADA'mproverents on Interurban Avenue South near the bike path will benefit bicyclists, and staff confirmed that tom` bicycle ramp will be widened. Chair Idan noted that the City should have a broader conversation about expanding funding for the Overlay program. MAJORITY APPROVAL.FORWARD TO MAY 20, 2019 REGULAR CONSENT AGENDA. B. Contract Amendment: 2019 Overlay and Repair Program Staff is seeking Council,,approval of Amendment No. 2 to Contract No. 18-199 with KPG, Inc. in the amount of $179,57 to provide construction management services for the 2019 Overlay and Repair Program. With phis amendment the contract will be extended until December 31, 20.19" tid the total will be 0,308.00. MAJORITY APPROVAL. FORWARD TO MAY 20, 2019 REGULAR CONSENT AGENDA. C. ContractAmendment: 53rd Avenue South Project Staff is seeking Council approval of Amendment No. 6 to Contract No. 15-159 with KPG, Inc. in the amountof $259,770 for the 53rd Avenue South Project. This amendment will support the full completion of the project, anticipated by June 2019. It is possible that utility conversion work will interfere with the construction completion. The current project budget can cover the amendment and leaves a contingency of $350,000. Speed cushions will be installed within the next couple of weeks. Councilmember Kruller inquired about a strategy to plan for more budget at the outset of projects as she has seen in the City of Seattle. Staff noted that contingency funding varies by project, and that utility undergrounding presents unknown risks and problems. Councilmember Kruller mentioned that it is common for cities to experience delays and other issues with Seattle City Light and it would be good to work toward solutions. 99 Transportation & Infrastructure Committee Minutes May 7, 2019 Staff noted that this could be a policy issue and/or on the Council's legislative agenda. Staff also noted that Tukwila has one staff and one business representative on Seattle City Light's Review Panel. Chair Idan asked if staff could quantify the cost incurred by Seattle City Light related delays and staff will provide that information. Councilmember Kruller said she appreciated staff's response to the resident who was unhappy with work occurring on the weekend without notification. MAJORITY APPROVAL. FORWARD TO MAY 20, 2019 REGULAR CONSENT AGENDA. D. Change Order: 42" Avenue South Phase III & Gilliam Creek Culvert Staff is seeking Council approval of Change Order No. 4 with Active Construction, Inc. in the amount of $1,050,000 to resolve all claims and disputes for the 42nd Avenue South Phase III Project. This project encountered schedule delays and cost overruns due to issues with excessive ground water interference during excavation, changes andconflicts for Seattle City Light facilities, design issues, contract inefficiencies, and other utility onflicts. Change Order No. 3 was negotiated to resolve outstanding disputes through May 2018 and avoided potential clams and legal fees, but unanticipated issues resulted in more costly delays. Change Order No. 4 was extensively negotiated and agreed to by both parties. It will reduce the 14% mark- up rate established in CO No. 3 to 12.5%, enable City staff to continue cooperative work with ACI, requires physical completion of the project within six weeks after utility conversion work is done, and resolves all outstanding claims and disputes with agreement for no future legal action. The current project budget is sufficient to cover the cost of Change Order No. 4 and leaves a $349,593.00 contingency. Chair !clan mentioned the importance of the construction schedule. MAJORITY APPROVAL. FORWARD TO MAY 20, 2019REGULAR CONSENT AGENDA. E. Waste Management Contract Status Update Staff updated the Committee on the ongoin negotiations with Waste Management. The current contract will expire on October 31, 2019 but has a provision for up to two 2-year extensions, which�taff recommends pursuingdue to the favorable rates. The contract extension proposal wilt be brought to the next Committee meeting. Terms will include a 5% rate increase and 10%utilityax increase forcommercial customers and trash collection at the bus stops along Tukwila International Boulevard. The rates will still be comparatively favorable with thesencreases, which are due to the changes to the international recycling market and the impacts to roads by the heavy trucks. Councilmember Kruller expressed concerns about impacts to the business community. Councilmember Hougardy said that it will be important to consider the history of the issue when the contract is next bid, and that messaging to the business community should include the information about the rate compared with other Cities. Councilmember Kruller suggested reaching out to the Chamber. Waste Management will also be messaging the community about the increase. Chair !clan suggested that the Council would benefit from education on pavement conditions citywide. DISCUSSION ONLY. III. SCATBd/RTC There was no report. 100 COUNCIL AGENDA &SYNOPSIS Initials- -- Meeting Date Prepared by Ma ore review Council review 05/20/19 Vicky 14 ITEM INFORMATION ITEM No, 4.G. ST1F1-; SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE:5/20/19 AGENDA ITEM TITLE Adopt reimbursment Resolution appointing finance director to designate certain expenditures for from bond proceeds CATEGORY E Discussion Meg Date Motion Date 0 Resolution El Ordinance El Bid _Award Mtg Date E Public Hearing Mtg Date D Other Mtg Date Mtg Mtg Date 5/20/19 Mtg Date SPONSOR Council EMayor EHR DDCD V1Fzeance EjFzre [TS DP&K L1Polue IIPW DCourt SPONSOR'S Council is being asked to approve a resolution that would appoint the finance director to SUMMARY designate capital project expenditures to be reimbursed from bond proceeds REVIEWED BY El C.O.W. Mtg. E CDN Comm i: Trans &Infrastructure fl Arts Comm. DATE: 5/13/19 ri Finance Comm. 0 Public Safety Comm. Comm. El Planning Comm. CHAIR: MCLEOD El Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITME Finance Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIREAMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 5/20 9 Informationale orandum dated 5/8/19 (Updated after Finance Committee) Draft Resolution Minutes o the Finance Committee meeting of 5/ 9 101 102 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Council Committee FROM: Vicky Carlsen, Finance Director CC: Mayor Ekberg DATE: May 8, 2019 SUBJECT: Appoint Finance Director to designate expenditures for reimbursement from bond proceeds Updated afterMaj 13,2019ggFinance Committee r testincg. ISSUE The proposed resolution would appoint the Finance Director to designate certain expenditures for reimbursement from bond proceeds. BACKGROUND Major high -cost capital projects that are not paid for with grants or dedicated revenue sources are often financed with bond proceeds. The City Council approves the capital project through two processes; (1) the budget or budget amendment process, and (2) the issuance of debt to fund the project. Shortly after the project is approved by City Council, departments can, and often do, incur costs associated with the project. These costs typically include planning and design and usually qualify to be covered by bond proceeds. However, it can take three to four months to go through the full legislative process to incur debt and receive the bond proceeds. In order to ensure that expenditures incurred prior to the receipt of bond proceeds can be reimbursed with bond proceeds, Council approves a reimbursement resolution that is specific to the project. Once a reimbursement resolution is approved, expenditures occurring up to 60 days prior to approval of the resolution can be reimbursed with the bond proceeds. This reimbursement resolution is typically included in the same legislative cycle and process to issue debt related to the capital project. DISCUSSION In order to streamline the process to finance certain capital projects with bond proceeds, staff is recommending approval of a resolution that would designate the Finance Director as the official responsible for issuing a statement of official intent to reimburse qualifying expenditures with issuance of debt; including bonds, notes, and leases. Approving this resolution would eliminate one step for future capital projects that are financed with debt proceeds. It is imRortantWeto note that this proposal does notpreµemptwethe City Council's legislative decision I akung duthority. The city. Council approves all capital _projects and debt issuancesintwo separate ste1psand neither of these pr ocessesewwill change. 103 INFORMATIONAL MEMO Page 2 RECOMMENDATION Council is being asked to forward this resolution to the May 20, 2019 Regular Meeting Consent Agenda. ATTACHMENTS Draft Resolution 104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPOINTING THE FINANCE DIRECTOR FOR THE PURPOSE OF DESIGNATING CERTAIN EXPENDITURES FOR REIMBURSEMENT FROM BONDS THAT MAY BE AUTHORIZED AND APPROVED BY THE CITY FOR ISSUANCE IN THE FUTURE. WHEREAS, the City of Tukwila, Washington (the "City") issues tax-exempt obligations, including bonds, notes, and leases from time to time for the purpose of financing its governmental activities; and WHEREAS, the United States Department of the Treasury has promulgated Regulations limiting the ability of the City to use the proceeds of tax-exempt obligations for reimbursement of prior expenditures; and WHEREAS, 26 C.F.R. Section 1.150-2 of the Regulations permits the City to appoint one or more officials for the purpose of identifying and qualifying capital projects for reimbursement purposes; and WHEREAS, any such declaration of official intent to reimburse must not be made as a matter of course or in an amount substantially in excess of the amount expected to be necessary for the proposed project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby appoints and designates the Finance Director a "Designated Official," as the official responsible for issuing statements of official intent in compliance with Treasury Regulation 26 C.F.R. Section 1.150-2. Section 2. Upon a determination by the Designated Official that the costs of a particular capital project may be reimbursed from the proceeds of tax-exempt obligations of the City, the Designated Official is authorized and directed to execute a certificate of official intent, substantially in the form attached hereto as Exhibit A. Each W:\Legislative Development\Finance Director as Designated Official re Bond expenditures 4-15-19 VC:bjs Review and analysis by Barbara Saxton Page 1 of 2 105 certificate so executed shall become a part of the official records of the City available for public inspection and review. Section 3. This resolution will take effect from and after its adoption as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Pacifica Law Group LLP, Bond Counsel Attachment A: Exhibit A —Form of Official Intent Certificate W:\Legislative Development\Finance Director as Designated Official re Bond expenditures 4-15-19 VC:bjs Review and analysis by Barbara Saxton 106 Page 2 of 2 EXHIBIT A FORM OF OFFICIAL INTENT CERTIFICATE Pursuant to Resolution No. of the City Council of the City of Tukwila, Washington (the "City"), the undersigned, Finance Director of the City, hereby states as follows: Section 1. The undersigned is a "Designated Official" of the City as defined in Resolution No. for the purposes of this Official Intent Certificate. Section 2. The City reasonably expects to reimburse the expenditures described herein with the proceeds of debt to be incurred by the City (the "Reimbursement Bonds"). Section 3. The maximum principal amount of Reimbursement Bonds expected to be issued is $ Section 4. The expenditures with respect to which the City reasonably expects to be reimbursed from the proceeds of Reimbursement Bonds will be made from the City's [name of fund or account] for project costs related to the City's [description of the project]. Dated this day of , 20 Name Title 107 108 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes May 13, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair; Verna Seal, De'Sean Quinn Staff: David Cline, Vicky Carlsen, Jeff Friend, Bruce Linton, Jay Wittwer, Laurel Humphrey CALL TO ORDER: Chair McLeod called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Resolution: Appointing the Finance Director as Designated Official for Bond Expenditures Staff is seeking Council approval of an ordinance that will appoint the Finance Director to designate certain expenditures for reimbursement from bond proceeds. This step currently requires a reimbursement resolution to be adopted by Council, so this will streamline the process by designating the Director to be responsible for issuing a statement of official intent to reimburse qualifying expenditures with issuance of debt. The City Council will still retain its authority to approve the capital project and to issue debt to fund the project. The Committee requested that the memo include additional language to clarify this point. UNANIMOUS APPROVAL. FORWARD TO MAY 20, 2019 REGULAR CONSENT AGENDA. B. March 2019 Departmental Budget-to-Actuals Report Staff presented the Committee with the March 2019 Financial Report, which describes the general state of departmental expenditures and highlights significant trends. General Fund expenditures totaled $16.4 million as compared to the allocated budget of $17.9 million. The allocated budget reflects year-to-date spending patterns of the previous year. 11 of 14 General Fund departments were under their allocated budget. Fire, Street Maintenance & Operations, and Community Development have overages due to pipeline positions and overtime costs, February snow events, and structural code compliance review respectively. Councilmember Quinn asked that the memo be updated to reflect the actual cost associated with the four unbudgeted pipeline positions. The Committee will be presented with a more in-depth review of the Fire Department budget at its next meeting. DISCUSSION ONLY. 109 110 COUNCIL AGENDA SYNOPSIS - ---- ------------ - Meeting Meetin Date Prepared by Mayor's review Council review 05/20/19 SH . ITEM INFORMATION ITEM No. 4.H. ITEM INFORMATION ITEM No. 4.H. STAFF SPONSOR: STACY HANSEN ORIGINAL AGENDA DA FE:5/20/19 AGENDA ITEM TITLE Authorization to submit CDBG Application for Minor Home Repair 2020 CATEGORY E Dimidssion Mrs Date VI Motion Date 5/20/19 El Resolution Mtg Date E Ordinance Mtg Date Bid Award E Public Hearing Mtg Date [1] Other Mtg Date Mtg Mtg Date SPONSOR County/ a Mayor OMR ODCD •Finance Dfzee LI' S El1P&R •Police DPW E]Court SPONtioR'S The Tukwila Human Services Program is applying to King County for Community SLTMM Development Block Grant funds for the Minor Home Repair Program in collaboration with the cities of Covington, Des Moines and SeaTac. City Council must authorize the Mayor's signature on the application. The City is applying for $100,000, which, if awarded, would result in $96,000 for direct construction costs divided evenly between the four partner cities ($24,000). REVIEWED I3Y El CO.W. Mtg. 0 Trans &Infrastructure DATE: 5/14/19 CDN Comm 0 Finance Comm. Li Public Safety Comm. 0 Parks Comm. 0 Planning Comm. COMMITTEE CHAIR: QUINN LI Arts Comm. RECOMMENDATIONS: SPoNsoR/ADmIN, COMMITTEE Administrative Services/Community Services and Engagement Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDI FURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $100,000 $100,000 $100,000 Fund Source: HUD Comments: Contract awarded through King County MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 5/20 19 Information memo dated 5/1/19 Pre Application for King County Minutes from the CDN meeting of 4 9 111 112 City of Tukwila Allan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Community Development and Neighborhoods FROM: Stacy Hansen, Human Services Program Coordinator CC: Mayor Ekberg DATE: May 1, 2019 SUBJECT: Authorization to submit CDBG Application for Minor Home Repair 2020 ISSUE The City Council's authorization is necessary for the City to apply to King County for the Community Development Block Grant funds. These funds target the Tukwila Minor Home Repair program. In 2020, the City will continue its role as fiscal administrator for the Minor Home Repair program in the cities of Tukwila, Covington, Des Moines, and SeaTac. The program successfully assists low/moderate income homeowners in maintaining their homes. The 2020 application is for $100,000 to be equally shared between all four cities (minus a small administration fee for King County). BACKGROUND Human Services staff has been administering this program since 2005. In 2018, 15 unduplicated Tukwila households were served (52 program -wide) consisting of 21 individual projects (63 program wide) and 75.50 hours of Tukwila repairs (397 program -wide). The 2020 request is for $100,000 for the entire program, consisting of $24,000 in construction dollars for each city. DISCUSSION This application competes county -wide with capital applications from other cities and non-profit agencies. Tukwila Human Services staff participates in discussions to recommend capital projects although unable to vote on any applications affecting Tukwila. FINANCIAL IMPACT Partners cities provide roughly 20% of staff time as in -kind to manage and administer the Minor Home Repair program within their respective cities. Since Tukwila is the lead fiscal agent, in addition to administering the program, staff is also responsible for the annual application process, contract execution, quarterly bill reimbursement between Tukwila, partner cities and King County. Tukwila Human Services staff also attends all required King County meetings, monitors partner cities to ensure contract compliance and provides on -going technical assistance. Between serving as the fiscal agent and administering the program in Tukwila, the Human Services Coordinator spend 30% of her time on the Minor Home Repair program. RECOMMENDATION Staff is asking Council to forward this item to the May 20, 2019 Regular Council meeting for the consent agenda. ATTACHMENTS Pre -Application — full application is in process. 113 114 4/29/2019 Print/Preview DWered by ZaDT17 Grant 1m King County, WA Department of Community and Human Services DCHS HCD - CD - 53110 CDBG 2020 Capital 5R1/2019 deadline Tukwila, Covington, 0 es City of Tukwila oines SeaTac Pro ra nor o e Re jump to: Pre-Appilcatioro .=*.p.rolication Questions Budget Tabies Do.cuments USD$ 100,000.00 Requested USD$ 90,000 Secondary amount $ Project Contact Stacy Hansen Star: Tel: 206-433-7180 Additional Contacts none entered Pre -Application City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188, WA 98188 City Administrator David Cline David.C1 ine@tukwilawa.gov • air Telephone206-433-1800 Fax 206-433-7191 Web www.tukwilawa.gov EIN 91-6001519 Some answers will not be presented because they are not part of the selected group of questions based Ion the answer to #2. Project Location 1. Provide the exact address of project site, (not the agency address unless it is the same location). preferred format: address, city, state, zip. If the location is a intersection please find the closest address. Upload document and identify as 000.1 King County I -Map Depicting Location; Form 200.1 Photos; Form 200.2 Site Plan The Minor Home Repair (MHR) program will take place within the jurisdictional boundaries of the cities of Tukwila, Covington, Des Moines and SeaTac. Zip codes covered will include 98042, 98148, 98158, 98168, 98178, 98188 and 98198. Homeowners living in owner occupied single family homes, duplexes, townhomes, condominium's, manufactured and modular homes, who have lived in their homes for at least one-year, meet income eligibility requirements and live within the participating city boundaries are eligible for the MHR program, depending on the nature of the work that needs to be done. https://zoomgrants.com/printprop.asp?ripidu=061DF8FOEC5645FEA418533872F13A6D&propidu=DC91BAB13BB34EF280D4B04ABOA20118&print=R 1/1 J1 5 4/29/2019 Print/Preview Project Category 2. What category does your project fit into? Upload Supporting Documentation as applicable. Non -Profits and Special Districts, see document requirements - 100.1 thru 100.7 Community Facility Public Improvements Parks Microenterprise Minor Home Repair Housing Human Services Other: 3. What type of activity is involved? (Check one) If you checked Acquisition, upload document 700.1- Questions Regarding the Acquisition (Uniform Relocation Act). Acquisition J Rehabilitation Construction Capital Program Services Population Served 4. How will the project's CDBG eligibility for funding be established? How many residents will be served? If Area Benefit, upload Form 800.1 Census Data. If Limited Clientele, upload Form 000.3 Service Delivery Data; FOR ALL upload Form 000.4 Service Delivery Area Map Area Benefit J Limited Clientele Presumed Benefit Eligible (severely disabled adults, abused children, battered spouses, homeless, elderly over 62 years of age) Elimination of Slum/blight (spot basis) Survey --Conducted per HUD Regulations Project Description 5. Provide a brief overview of the project and identify specifically what Consortium CDBG funds will be used to purchase. If your application is for a Program vs. a Project, provide a copy of your Policies and Procedures. Upload Form 500.1 for Microenterprise; upload Form 600.1 for Minor Home Repair Funds will be used to rehabilitate owner -occupied housing, focusing on health and safety repairs for low to moderate income residents, helping to preserve affordable housing. Funds will pay for repair/rehab in plumbing, electrical and other small jobs. http1:11Lomgrants.com/printprop.asp?rfpidu=061DF8F0EC5645FEA418533872F13A6D&propidu=DC91BAB13BB34EF280D4B04ABOA20118&print=R 2/13 4/29/2019 Print/Preview Project Funding 6'Provide background and explanation mffund sources and status ofother funding pursued and committed for this project, i.e. what other grant/fund sources will be applied toward this project? Have other funds been committed? /fso, provide the expiration date for use for those funds. Are any ofthe lJther'/bndsfrom afederal source? All four partner cities (Tukwila, Covington, Des Moines, SeaTac) have Human Services or Coordinator staff to manage and administer the Minor Home Repair program for their residents. All four cities provide in -kind contributions of staff time to screen clients, hire and pay contractors and administer the program in their respective city. The city ofTukwila isthe lead fiscal agent snin addition toadministering the program for eligible Tukwila residents, the Human Services Program Coordinator manages the administration of the application process, contract execution and the quarterly bill reimbursement between Tukwila (and the partner cities) and King County. 7. What public participation has been held mrwill beheld during the course ofthe Pre -application? Provide evidence of community input regarding the need this 'ect.addresgesandmfpotemtia| solutions. The Minor Home Repair Program is reviewed by City Council committees as well as the full City Council. All Council meetings (and agencla's) are advertised and open to the public. Customer Satisfaction interviews are conducted after each completed repair. Organization 8i0escribe how long your agency has offered the services associated with the project. Present the average number and characteristics of clients served, and required licenses to operate. NON -PROFITS., Upload Form /00.3'List ofAgency Board Members,- Form yD0.4'Current Bylaws andArticles uf/no7/ponstib/�Form 'YO[l5 Organization Char�Form y0QDAgency RecentAuditandlorGeneral Ledger and Balance Sheet for 2017120/8. The Tukwila Human Services Program has managed the Minor Home Repair Program with [D8Gfunds since 2005. On average, the partner cities combined serve 66 unduplicated low -mod income households yearly; averaging 64]repair hours for all projects annually. 9.Services: Describe the specific service(s)#rneed your program isdesigned tomnweL Quantify this need using' local or regional data that confirm Drdescribes the problem nrneed. How much of the need are you currently With varying levels of owner -occupancy in the partner cities (Tukwila 38%, SeaTac 52%, Des Moines 58%, Covington 80%) and significantly lower median incomes compared to King County (Tukwila, 60% of median; 5eaTac, 61g6ofmedian; Des Moines, 72q6ofmedian; Covington, almost median) regular maintenance in |om/ to moderate income households is often postponed, due to limited financial resources. Nearly 40% of residents are cost burdened, paying more than one-half of their income on housing. Food insecurity data is also an indicator of poverty. in the partner cities, free/reduced lunch stats in our respective school districts range from 36% to 89%. 20% of our residents are using their local food banks and D5HSservices. |nall four cities, much ofthe single-family housing was built inthe mid 6O's to80'sorbefore. Aging housing stock typically requires more money for maintenance and repairs. CDBG funds allow the MHR program to provide rnaintenance/repairoto issues such as electrical, plumbing, installing .grab bars, replacing broken railings/stairs, worn locking mechanisms on doors, security lighting and a variety of other small but necessary safety repairs that are often deferred by our very limited income homeowners. We are primarily serving elderly and disabled adult homeowners that are on very fixed incomes. In 2018, 87% of all the homeowners served in the Minor Home Repair program were below 50% of median income. We estimate vveare meeting 35'45Y68fthe need. 4/29/2019 Print/Preview 10. What other activities does the agency provide and how is the proposed program delineated from other program(s) and/or services offered? All partner cities provide a wide range of traditional municipal services (police, fire, public works, planning, recreation) which are available to residents, visitors, businesses. There are no other government services that provide free housing repair. 11. ELIGIBILITY: Are you familiar with current CDBG income screening requirements? How do you determine eligibility (income screening, location of residence, eligibility in other government programs)? Applicants will be required to provide a copy of the tool used for client intake process as an attachment to the application phase. Upload Form 100.7 - Intake Tool Used to Qualify All partner cities are familiar with and screen every Minor Home Repair applicant with current CDBG income guidelines, identify residency, eligibility and screen as well for a wide variety of other social and health services. We actively collaborate on referrals from our Fire, Police, Code Enforcement, Senior and Recreation programs as well as our school districts. All partners are very familiar with the demographics and the housing needs within our respective communities. All partner cities use a pre -approved screening tool to document the household income and a variety of demographics, including owner occupancy. All households submit evidence of their income and a unique file is created for each household. While screening residents for other social service programs, we inquire with owner occupied households whether they qualify for the Minor Home Repair program and determine if the repairs we can provide would improve the health and safety of their homes. 12. Provide the estimated milestones for completion of your project. Check with HCD CD Team prior to 4/29/2019 for advice regarding your response to this question. -answer not presented because of the answer to #2- 13. Program Oriented Milestones: provide the date range for the quarters represented for service delivery. Microenterprise: Upload required document identified as Form 500.3- Milestones; Minor Home Repair: Upload required document identified as Form 600.3 Milestones 1st quarter = 1-1-21 to 3-31-21; 2nd quarter = 4-1-21 to 6-30-21; 3rd quarter = 7-1-21 to 9-30-21; 4th quarter = 10-1-21 to 11-15-21 14. Do you anticipate electing to charge the permissible Indirect cost rate allowed by §200.414 (f) Indirect (F&A) costs. See "Requirements Section in Program Summary for reference and context Indicate either "Yes -- provide an explanation of the status of an Indirect Cost Plan", drafting_ being reviewed approval underway or "No - we decline to take advantage of the option to charge an indirect cost rate." No - we decline to take advantage of the option to charge an indirect cost rate. 15. This RFP does not provide grant opportunities for new housing construction or public services. Please visit the King County DCHS Housing and Community Development Web Site for grant opportunities in this category that might be posted. -answer not presented because of the answer to #2- Documents Requested * Required?Attached Documents * Form 000.1- [All Applicants - Pre-App] Risk 21, Analysis of Agency Capacity. d.c.vvnJo.ad Form 000.2 -[All Applicants - Pre-App [Q.1] oroi mcii, Use a KC I -Map from King County's GIS mapping system. Form 000.3 - [All Applicants - Pre -Application 'JUL). httpl:Momgrants.com/printprop.asp?rfpidu=061DF8F0EC5645FEA418533872F13A6Dapropidu=DC91BAB13E3B34EF280D4B04AB0A20118&print.R 4/13 4/29/2019 Print/Preview Q.4) Consortium.Service Delivery Data. Download required template (Excel). Form 100..1 -[Non-Profits - 00,1 c•if Desi'snadon. Internal Revenue Service (IRS) Letter of. Designation. Form 1 00.371Non-Profit/Special Distrittsi003 LIst. of Age.ncy Larfl MeshecsApplicants - Pre -Application Q.8] List of Agency Board Members - Download required template. clgyLjawa.d(0rnpjA.itcE, Form 100.4 - [Non-Profit/Special Districts flu. Current .EM?fiNS.Eind .A.rt;d:es.gLINC Applicants - Pre-Application....Q.8]current. Bylaws and Articles of Incorporation. Form .100..5 - [Alt Applicants - Pre -Application 1 Oa 5-Organizaion Chart Q.8].Organization Chart Form 200.2.- [All Applicants - Pre -Application 2.001Site...Plan for. Environ.m.er.?-(E4.Re.vw. Q.1] Site Plan for Environmental Review Purposes. Form 500.1 - [Pre -Application Q.5] PROGRAM 5.00.,1 Nilicroenterptise.Program:P9licies Microenterprise Program. Policies and Procedures.. Form 600.1 - [Pre -Application Q.5] PROGRAM Minor Home Repair Program Policies and Procedures. ,/ 6001 :Minor Horne PrograrriPokie,,s and Procedur,es. Form 800.1 Census Data [Pre -application Q.4; d,)0 su Daa Application Q. 13. Download required template (Excel). LJycfd Form NOT APPLICABLE: Use the template provided that is entitled "Requested Document Not Applicable" (Word). Application Questions CCo Project Category 1. What category does your project fit into? This question is a branching question. Answer this question FIRST before proceeding below. Depending upon your selection, a certain set of questions will disappear and therefore no longer required). Community Facility Infrastructure Improvements Parks Microenterprise Minor Home Repair Acquisition https://zoomgrants.com/printprop.asp?rfpidu=061DF8F0EC5645FEA418533872F13A6D&propidu=DC91BAB138834EF280D4B04AB0A20118&print=R Al 9 Greetings RFP DCHS—HCD—CD-53119 Administrative Coordinator Based onour understanding and the information provided, the document requested 10OIIRS Letter nf Designation does not apply to the type of application we are submitting our request for funding. Form # Name of Form Reason Form Does Not Apply To Agency Application 100.1 IRS Letter of Designation Not a nonprofit If this is not the case, please contact us and provide guidance on what is needed to meet the Thank you. Human Services Program Coordinator City ofTukwila 206-433-7180 a���� Requested Document Determination of Not Applicable 120 202:0 Minor Horne Repair Sites 000.2 King County U:\PW Eng\GIS\Projects\Human Services12020 Minor Home Repair Sites.mxd Project Benefit Worksheet Service Delivery: North/East Sub -region City Beaux Arts Bothell Carnation Clyde Hill Duvall Hunts Point Issaquah Kenmore Lake Forest Park Medina Mercer Island Newcastle North Bend Sammamish Skykomish Snoqualmie Woodinville Yarrow Point Uninc.King Co. Kirkland -- Joint Agreement City Redmond — Joint Agreement City Shoreline -- Joint Agreement City TOTAL Indicate # of Beneficiaries 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 South Sub -region City Algona Black Diamond Covington Des Moines Enumclaw Maple Valley Normandy Park Pacific SeaTac Tukwila Uninc. King Co Renton — Joint Agreement City Burien Joint Agreement City TOTAL Indicate # of Beneficiaries 0 0 13 13 0 0 0 0 13 14 0 53 Outside CDBG Consortium City Auburn Bellevue Federal Way Kent Seattle Other TOTAL I Indicate # of I Beneficiaries 0 0 0 0 0 0 0 Grand Total 53 122 0003_SERVICEDELIVERYTEMPLATE_2017CDBG_PREAPP Page 1 Greetings RFPDCHS—H0ID-53119Administrative Coordinator Based on our understanding and the information provided, the document requested 100.1 IRS Letter of Designation does not apply to the type of application we are submitting our request for funding. Form # 100.1 Name ofForm IRS Letter of Designation Reason Form Does Not Apply To Agency Application Not a nonprofit If this is not the case, please contact us and provide guidance on what is needed to meet the requirements. Thank you. HRnsep& Human Services Program Coordinator City [fTukwila 206-433-7180 Requested Document Determination ofNot Applicable 123 Greetings RFP DCHS—HCD—CD-53119 Administrative Coordinator Based on our understanding and the information provided, the document requested 100.3 List of AgencyBoard Members does not apply tothe type ofapplication weare submitting our request for funding. Name of Form Reason Form Does Not Apply ToAgency Application Non-Profit/Agency Board members Not anon - board of directors If this is not the case, please contact us and provide guidance on what is needed to meet the requirement Thank you. H'qpL-ren Human Services Program Coordinator City ofTukwila 206'433-7180 Requested Document Determination ofNot Applicable 124 Greetings RFPDCHS—HCDIC-53119 Administrative Coordinator Based on our understanding and the information provided, the document requested 100.4 Current Bylaws and Articles of INC does not apply to the type of application we are submitting our request for funding. Name ofForm Reason Form Does Not Apply To Agency Application By Laws /Article of Incorporation Not a non-profit/no bylaws If this isnot the case, please contact usand provide guidance onwhat isneeded tomeet the requirements. Thank you. 6aktsen Human Services Program Coordinator City of 206-433-7180 Requested Document Determination of Not Applicable 125 2019 - 2020 Biennial Budget City of Tukwila, Washington City of Tukwila, Washington 2019 - 2020 Organization Chart RESIDENTS OF TUKWILA CITY COUNCILM EMBERS MAYOR Allan Ekberg CITY ADMINISTRATOR David Cline CITY ATTORNEY'S OFFICE Rachel Turpin MUNICIPAL COURT Kimberly Walden ADMINISTRATIVE SERVICES Rachel Bianchi PARKS & RECREATION Rick Still COMMUNITY DEVELOPMENT Jack Pace POLICE Bruce Linton FINANCE Vicky Carlsen PUBLIC WORKS Henry Hash FIRE Jay Wittwer TECHNOLOGY & INNOVATION SERVICES Joseph Todd 11 iNt(-'," t5F..)) 13 126 Gree1in8sRFP 31I9Administrative Coordinator Based on our understanding and the information provided, the document requested 200.2 Site Plan for Environmental Review does not apply to the type of application we are submitting our request for funding. Form # 200.2 Name ofForm Site Plan for Environmental Review Reason Form Does Not Apply To Agency Application Not applicable to MHR program If this is not the case, please contact us and provide guidance on what is needed to meet the Thanl< you. Stacy Hansen Human Services Program Coordinator City pfTukwila 206'433'7180 Stacy.hansen@-tukwi|avYa.AVv Requested Document Determination ofNot Applicable 127 Greetings RFP DCHS—HCD—CD-53119 Administrative Coordinator Based on our understanding and the information provided, the document requested 500.1 KUicroenterprisePnognmnnPolicies and Procedures does not apply tothe type ofapplication vveare submitting our request for funding. Form # 500.1 Name of Form MicroenterpriseProgram Policies Reason Form Does Not Apply To Agency Application Not a microenterprise program If this is not the case, please contact us and provide guidance on what is needed to meet the Thank you. Stacy Hansen Human Services Program Coordinator City qfTukwila 205-433-7180 Stacy.hansen@tukvvi|avva.gov Requested Document Determination of Not Applicable 128 CITY OF TUKWILA Mayor's Office/Human Services Division Minor Home Program 2019 Policies The Minor Home Repair Program provides and promotes the repair and maintenance of housing for individuals and families of low and moderate income living within the Tukwila City limits. The Minor Home Repair Program is funded through the Community Development Block Grant Program (CDBG) and must conform to CDBG regulations. These regulations provide overall guidelines that must be followed but are designed to allow agencies greater flexibility in program implementation. Due to increased demand and limited resources of the Minor Home Repair Program, the following policies have been adopted to assist staff and contractors in implementing this program. Meeting the eligibility requirements listed below does not guarantee services will be provided. In order to maximize the effectiveness of the limited resources available, staff will be responsible for interpreting and applying the policies set forth below and will make the final determination on the provision of services. PROGRAM OBJECTIVES • Provide minor housing repair and maintenance services to homeowners with low and moderate incomes. • Maintain the ability of clients to remain in their own homes and to be independent. • Encourage the participation of service providers, the business community, and the residents of the City of Tukwila to support housing maintenance and repair assistance to the local community. • Housing repair services will focus on maintaining the safety and health of the occupants; preserving the dwelling and/or conserving energy. GENERAL PROGRAM POLICIES Eligibility Requirements In order to be considered for services in this program, the applicant must: A: Reside within the Tukwila city limits. 129 B: Own and reside in the dwelling requiring services for at least one year. The home cannot be for sale at the time services are requested. Applicant must give an indication that they have no intent of discontinuing to occupy the home in the foreseeable future. C. The gross annual income for the household must not exceed the moderate - income level by household size as defined by HUD current income guidelines. D. Applicant must carry current homeowner's insurance. Program Limitations Staff may deny services to any dwelling where an unsafe or unhealthy working or living situation exists. Services will not be provided if the repair work is covered by the homeowner's property insurance policy or by warranty. The exception to this is when the homeowner's deductible is unable to be met due to client's income limitations. Minor home repair services for condominiums will include interior work only. Repair work on a duplex will only be to the interior that is occupied by a Housing Repair client. All interior and/or exterior work on a duplex will be done only on the part that is occupied by the client. Services must comply with all Homeowner Associations and/or Mobile Home Park policies. Repairs are made to the housing structure. Repairs are not made to free standing items, like fans, heaters, and lamps. Repairs are not made to appliances. Intentional damage to a home will not be covered. The exception is in the case of domestic violence. Repairs will be made only if the offender is no longer in the home. Repairs will not be performed on recreational vehicles. Homes in violation of City of Tukwila building codes, fire or municipal codes will not receive services until the code violations are fixed. The Minor Home Repair Program may help a homeowner comply with the code(s), if the services required are within the scope of program. Financial assistance will not be given to City of Tukwila residents of mobile home parks to relocate to other mobile home parks, nor will they be eligible for any service other than emergency repairs once a mobile home park has received written notice of an impending sale. A repair may result in finished work that may need additional finishing to match pre- existing conditions. Since cosmetic work, in of itself, is not eligible for funds, finish 130 work will be negotiated at the time of the repair work with the homeowner. It may be impossible to match paint colors, for example, however, it would be unrealistic to have an entire room repainted if a small amount of new paint is added. The priority of the funds is to make the repair to ensure health and safety. There may be limitations to home repair projects proposed for homes that are located in a floodplain. Projects that are estimated above $500 will require the homeowner to have flood insurance for the value of the project for the life of the project. Homeowners that are live in a "floodway" will not be able to use program dollars. Maintenance and repairs will be screened for lead based paint impacts and projects may be denied due to the impact of lead -based paint disturbance. Definitions The program provides services for single family attached/detached dwellings, duplexes, condominiums, modular and manufactured homes only. A manufactured home (mobile home) is defined as a factory assembled structure, transported in one or more sections, built on a chassis and designed without a permanent foundation. A modular home is a factory built assembled structure, designed for permanent installation on a foundation. A single-family detached house is a building containing one dwelling unit which is not attached to any other dwelling by any means except fences, has a permanent foundation and is surrounded by open space of yards. A duplex is a one -family dwelling attached to another one -family dwelling by a common roof, walls or floor. This definition may also include a dwelling unit or units attached to garages or other non-residential uses. A recreational vehicle is a vehicular type unit primarily designed as temporary living quarters for recreational camping, travel or seasonal use that either has its own power or is mounted on or towed by another vehicle. Recreational vehicles include: camping trailers, fifth -wheel trailers, motor homes, travel trailers and truck campers. Repair Budget Limitations A maximum of $7500 per dwelling will be spent per household. No more than $5,000 will be spent in one calendar year. The cost of materials, supplies and labor will be included. Exceptions will be made by the Human Services Program Coordinator on a case by case basis, keeping health and safety priorities in mind. 131 Services Provided Include but are not limited to: Safety Health Install smoke detectors Install carbon monoxide detectors Install, repair/replace security lighting if an existing electrical circuit is available Earthquake preparedness — hot water tank straps Repair/replace exterior doors, windows and stairways if broken Replace broken switches, sockets, and ceiling light fixtures Install locks and deadbolts Power outage check to see if power can easily be restored Circuit breaker replacement Repair/replace dangerous or non -working electrical circuits Apply non-skid material as needed Replace furnace filters Repair/replace furnace fans Clogged drains Repair furnaces Repair heaters that are not free-standing Repair/replace garbage disposals Rodent control Pest extermination Repair/replace hot water tanks Adaptations for disabilities Install exterior ramps Install/repair/replace special equipment like handrails, grab bars, doorknobs, Faucet handles Maintenance of basic structure Exterior house painting — not cosmetic Repair/replace gutters and downspouts Repair/replace faucets, toilets, sinks, drains, broken or leaking pipes Repair decks only if used as an exit Removal of moss on roof/main structure Install shut-off valves Repair dry rot on the interior/exterior Weather proofing Minor roof leaks, repair/replace soffits, fascia, flashing Minimize water damage - caulking/tub surrounds/leaks Chimney/flashing Energy Efficiency Weather stripping Insulation 132 Use of Contractors Contractors are hired for all services that need to be addressed. Contractors will be required to provide proof of liability insurance and a business license. Contractors may, with permission of the program coordinator, sub work out to an appropriate licensed contractor. Repairs Priority for repairs will be determined by the seriousness of the repair relative to other pending repair requests, the hardship to the client if the repair is not completed in a timely manner, the scope of work, date of request, and the income/assets of the household. (The households with the lowest incomes and less than $50,000 in assets will be considered a higher priority than those with low/moderate incomes and more than $50,000 in assets.) The value of a personally owned vehicle or the equity in the house will not be included when calculating household assets. The household will be required to report the income for all members but may exclude the income of a caregiver assisting them during an illness. Referrals Repairs estimated to exceed $3,300 will be referred to King County Housing Rehabilitation Office for a deferred home loan application or emergency or mobile home grant as appropriate. Exterior House Painting Exterior house painting is only considered for houses that are peeling or do not have protected surfaces. Due to the costs associated with house painting, only limited areas of the house will be considered. Houses older than 1978 that require more than 10 feet of exterior paint to be disturbed will not be addressed due to lead based paint issues. Houses with fading paint will be a lower priority. The same policies apply to decks, stairways, trim, fascia boards, porches, soffits, and eaves. Detached structures will not be painted. Grievance Policy If the applicant believes program eligibility requirements have been met and services have been unfairly denied, applicant must submit a written request for review within 30 days of being notified of the denial. This letter, containing the reasons applicant feels the decision to be in error, shall be addressed to the Human Services Program Coordinator who will review the matter and respond with a decision within 10 working days of receipt of applicant's letter. 133 Greetings RFPD[H3_HCD_[D_S3119Administrative Coordinator Based on our understanding and the information provided, the document requested 800.1 Census Data supporting Low Moderate -income Area Benefit does not apply to the type of application we are submitting our request for funding. Form # 800.1 Name of Form Census Data supporting Low/Mod Reason Form Does Not Apply To Agency Application Limited Clientele are qualified based on Intake docs |fthis isnot the case, please contact usand provide guidance onwhat isneeded tomeet the Thank you. Stacy Hansen Human Services Program Coordinator City of Tukwila 206'433'7280 Stac hao*en@tukwi|avva.Qqv� Requested Document Determination of Not Applicable 134 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes May 14, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Verna Seal Staff: David Cline, Jack Pace, Stacy Hansen, Nora Gierloff, Derek Speck, Brandon Miles, Laurel Humphrey CALL TO ORDER: Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Community Development Block Grant Application: Minor Home Repair Program Staff is seeking Council approval to apply to King County requesting $100,000 in Community Development Block Grant funds for the 2020 Minor Home Repair Program. The City of Tukwila Human Services Department will continue to serve as fiscal administrator for the cities of Tukwila, SeaTac, Des Moines and Covington. If granted, each City will be designated $24,000 in construction dollars. In 2018, contractors served 15 unduplicated households in Tukwila. Between serving as the fiscal agent and administering the Tukwila program, the Human Services Coordinator spends 30% total time on the Minor Home Repair Program. UNANIMOUS APPROVAL. FORWARD TO MAY 20, 2018 REGULAR CONSENT AGENDA. B. Ordinance: Renewing a Moratorium in the Tukwila International Boulevard Study Area Staff is seeking Council approval of an ordinance that would extend the moratorium on auto -oriented uses and hotels and motels in the Tukwila International Boulevard Study Area for an additional six months. This extension will allow for discussion on options, mitigation, budget, and timeline for coordinating street improvements and zoning updates. Chair Quinn asked that the memo be expanded with greater detail about past actions as well as the outcomes that staff intends to develop during the moratorium period. UNANIMOUS APPROVAL. FORWARD TO MAY 28, 2019 COMMITTEE OF THE WHOLE. C. Lodging Tax Application: International Food Truck Roundup Staff is seeking Council approval of a lodging tax funding request from the City of Tukwila for $5,000 to support an International Food Truck Roundup that is tentatively scheduled for July 21. This event will be cosponsored by Westfield Southcenter and Culinex and will feature food trucks offering a variety of international cuisines. While not a City event, lodging tax 135 136 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Ma r's review Council review 05/20/19 BJM I. ITEM INFORMATION ITEM NO. 4.1. STAFF SPONSOR: B. MILES ORIGINAL AGI,,NDA DATI7: 05/20/19 AGENDA I 1 I ,,Ni Tnti Review of a lodging tax funding support an International Food request from the City of Tukwila Truck Roundup. for $5,000 to C \ 1:1,,GORY U Discussion C Motion Date 5/20/19 [1] Resolution Meg Date E Ordinance .1111,g Date U Bid Award [I] Public Heanng A li:g Date [] Other Meg Date Airs Date Meg Meg Date SPONSOR Council iMayor flPIR ODCD Finance EFire DJ'S 0136.-R Police P Tr Cou,i SPONSOR'S The LTAC has forwarded applications from the City of Tukwila for 2019 LTAC funding. The SUMMARY total funds requested are $5,000. The funds will be used to support the operations and marketing of an international food truck event in the city. RINIEWND BY 0 C.O.W. Mtg. El Trans &Infrastructure DATE: 05/14/ 11 CDN Comm E Finance Comm. El Public Safety Comm. 0 Parks Comm. 111 Planning Comm. COMMITTEE CHAIR: QUINN LI Arts Comm 2019 RECOMMENDATIONS: SPONSOR/ADMIN. COMMI Mayor's Office/Economic Development rfEk Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE Expi,,NDI FURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $5,000 $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 0 20 9 MTG. DATE ATTACHMENTS 05/20/19 Informational e orandum dated 5/7/ 2019 City of Tukwila Application for Lodging Tax Funds Minutes from the CDN Committee meeting of 05/14/19 137 138 City of Tukwila Allan Ekberg, Mayor UNFOR ATUO AU E ORA DU TO: Community Development and Neighborhoods FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: May 7,2019 SUBJECT: 2019 Lodging Tax Funding Request International Food Truck Roundup' ISSUE Review ofo lodging tax funding from the City ofTukwila (the ^Citv^\for $5OOOto support an International Food Truck Roundup. BACKGROUND The City collects a % lodging tax on certain qualifying overnight stays inpaid accommodations /hote|o/nnote]o/Airbnh\ in the City. State law limits the use ofthese funds tntourism prornotioDz There iscurrently just over $1 million inlodging tax funds available for use. The City's Lodging Tax Advisory Committee (LTAC) reviews all naquests, even by the CitV, for use of lodging tax funds. LTAC then forwards a list of recommended applications to the City CnUnd| for its review and consideration. |fLTA{} does not recommend an application be funded, that application is not forwarded to the City Council. The City Council may approve or deny any ofthe applications reoonnrnendedbytheLTAC.ThaCib/CouDoi|nnmyo|soappnJVe an application and increase ordecrease the dollar amount avvarded» The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly. 1 This is a working name only. zR[VV67`28.UOO(6)defines "tourism promoMon"as" .activities,operations,andexpenditunsdesgnedto increase tourism, including but not limited toadvertising, publicizing, orotherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing oforthe operation of special events and festivals designed to attracttuurists.'^ IQnAugust 17,2O1G 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 toR[N/67Z8.282 omunicipality may award amounts differentfrom the local lodging tax advisory committee's recommended amounts, but only ofter satisfying the procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed change to the advisory committeefor review and comment at lea5tforty-five days before final action on the propnsol." 139 INFORMATIONAL MEMO Page 2 Pendinq Applications Following its April 23, 2019 meeting, LTAC has forward an application from City of Tukwila's Office of Economic Development. Y. Citv0fTukwila, International Food Truck |n2017the City Council adopted the "Tukwila Brand Guidelines and (Guidelines)" to help the City focus its marketing and branding strategies to help with tourism development in the City. As part of the development of the Guidelines the City conducted a destination audit to determine the City'S strengths and weaknesses for attracting tourist to the City. One of the biggest weakness found inthe audit was alack ofevent and activities targeted Gttourists. Tentatively scheduled for July 2 14, the International Food Truck Roundup will feature food trucks with food and goodies from throughout the world. The City has partnered with Westfield 8outhcenterand Cu|inex.alocal Tukwila business todevelop and host the event. This will not beanevent put onbythe City; however, the City will beasponsor and help with marketing and operations. Hopefully, this event will be the inaugural event, and this will become eDannual event. The event also the City toengage food truck operators and work with them to bring their trucks into the City on a more regular basis, outside of just doing events. FINANCIAL IMPACT The total amount of funding requested from the lodging tax fund is $5,000. RECOMMENDATION Staff recommends that the City Council approve the funding raqueot, an recommended by LTAC. Staff suggests that the application be placed on May 20, 2019 consent agenda. ATTACHMENTS A. City of Tukwila LTAC Application, International Food Truck Roundup 140 4 The date is subject to change. Application �m ���� �~^�� m� ����«^l� ��� NU�� m� ���� �� ��«�Q�^�� Tax Funds ''��--__ -- _' _'-« - -'-_'- - - - �� _ Lodging Event or Activity Name (if app|icab|e): City ofTukwila, international Food Truck Roundup Amount ofLodging Tax Requested. S5,000 Applicant Organization: City ofTukwila, Mayor's Office Federal Tax |DNumber: 9I_6001519 Mailing Address: 63OOSouthcenterBlvd Tukwila, VVAQ8l88 Primary Contact Name: Brandon]. Miles Primary Contact Phone: (206)431-3684 Primary Contact Email Address: Brandon.K4)|es@Tukvvi|ovva.gDV Check all the service categoriesthat apply tnthis application: */ Tourism promotion ormarketing. Operation ofaspecial event mrfestival 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 omunicipality orapublic facilities district. Check which one ofthe following applies toyour agency: Non -Profit (Note:Attach acopy ofyour current non-profit corporate registration fronnthe Washington Secretary of State Office) ~/ Municipality Note: January 25, 2018: Application updated following Lodging Tax Advisory Committee meeting on January 23, 2018Changes are shown and reflect the approved requestfrom the Committee. I am an authorized agent of the organization/agency applying for funding. I understand that: ~ 1 am proposing a tourism -related service for 2018. 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, ifapplicable. My agency will be required to submit a report documenting economic impact results in a format determined by the City. Signature: 141 1) Describe your tourism -related activity or event. Tukwila Food Truck Roundup (working name) will be a celebration of the city's diversity and cultural. This event will occur in summer or early fall on a Friday or Saturday evening. The exact date is still being explored and researched. Initial discussions are for the rodeo to be at Westfield Southcenteo. However, if this venue is not able to be secured other venues in the City will be examined, which could include Baker Blvd or Tukwila Village. Secondary activities may include a stage for music. 2) Ifanevent, list the event name, clate(s)and projected overall attendance. A Friday or Saturday evening in the summer or early fall. Total attendance, 500-1000 people. It is hoped that this will be the first of many future food truck events in the City. With other possible events being evening events or small daytime evens. 3) Is yourevent/activity/facility focus|ng on attractingovernight tourists day tourists, or both? This event is about building the overall tourism destination of Tukwila. This event will be marketed at people within ZOmiles ofthe City and existing hotels guests inthe City. The event |sconsistent with be adopted brand guidelines and recommendations prepare by Bill Baker. One of the recommendations was for the City create events and activities that promote the City's multi -ethnic and diversity population. This event will hopefully dojust that. 4) Describe why visitors will travel to Tukwila toattend your event/actici|ity. Tukwila is conveniently located at the intersections of 1-405 and 1-5. Over 150,000 people come to the City everyday to work, play, and stay. This event will cater to the people in the south King County area. Food truck gathering, such as this, are extremely popular. S) Describe the geographic target ofthe visitors you hope tmattract (|ocm|h�regionally, ^ nationally, and/or intemnat)oMadl). With 20miles nfthe City and people staying atSouthcenterDistrict hotels. 6) Describe the prior success pfyour avent/an±ici|ityinattnac±ingtmurists The City has partnered with Cu||inexfor this event. [u||iUeXoperates alarge commercial kitchen operation in the SouthCgnter and has access to food trucks. It's the City intention to have Cu||inex manage securing food trucks for the event. The City has experience operating large events. However, the City will not be directly putting on this event 7) If this your first time holding the event/activity/facility provide background on why you think itwill be successful. 142 For the City yes, Cullinex has experience managing food truck events. 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'b|asta, social media, etc') your agency uses orintends to use to promote yourevent/actiVity/facUity' If the event is at the Mall, the City intends to have Westfield take the lead in marketing the event. Local media will be used to market the event. The City will also work with area hotels and SSRTA to ensure that hotel guests are aware ofthe event. 9) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments inthe City ofTukwila. This event will cater to food trucks that work within and near Tukwila. 10) Is the City able to use your digital and print media for collaborative marketing? N/A l2)Describe how you will use the name, °Tokm/ila"inpublications, promotions, and for your event? Tukwila will be in the name of the event and the location will be marketed as being in "Tukwila." 12) Measurements and Metrics (Note: You will be required to report these metrics as part mfthe 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 attendanceatyour proposed eve n+/nct d|hv. 500' lOQU b. Number ofpeople who will travel fewer than 5Dmiles for your event/activity. 800 c. Number of people who will travel more than 50 miles for your event/activity. 300 (existing hotel guests in the area). d. Ofthe people who travel more than 5Omiles, the number ofpeople 25 143 hotel guests in the area). e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. 200 f. Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. 200 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) 0 (no direct hotel bookings as a result of the event. The event will cater to hotel guess in the area. 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? These are estimates based on similar type events in the area. 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? No. 16) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? 144 Total requested funding is $5,000 for the City to help support marketing and operations at the event. It isenvisioned that other third parties will help provide in -kind operations. 77) What will you cut from your proposal ordo differently iffull funding for your request isnot available or recommended? The event will not likely occur. 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 ofTukwila 62OOSouthcenterBlvd Tukwila, WA 98188 Or, Bnandon'MUes@Tukxvilayva1gov LTA[Contact: Brandon J.Miles /2060431-3684 8randon.Mi|es@Tukwi|avva.gov. Updated: March 21, 2017 145 146 City ofTukwila International Food Truck Roundup 2019 Scope of Services As outlined the budget above, funds will be used for a International Food Truck Roundup. Funds will be used as followed: 1. Support marketing and advertising for the event; Z. Support for eVeot'soperation; and 3. Other costs needed for the event to occur. Note, the expectation is that other third parties will provide in -kind and/or cash support for the event 147 148 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes May 14, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Verna Seal Staff: David Cline, Jack Pace, Stacy Hansen, Nora Gierloff, Derek Speck, Brandon Miles, Laurel Humphrey CALL TO ORDER: Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Community Development Block Grant Application: Minor Home Repair Program Staff is seeking Council approval to apply to King County requesting $100,000 in Community Development Block Grant funds for the 2020 Minor Home Repair Program. The City of Tukwila Human Services Department will continue to serve as fiscal administrator for the cities of Tukwila, SeaTac, Des Moines and Covington. If granted, each City will be designated $24,000 in construction dollars. In 2018, contractors served 15 unduplicated households in Tukwila. Between serving as the fiscal agent and administering the Tukwila program, the Human Services Coordinator spends 30% total time on the Minor Home Repair Program. UNANIMOUS APPROVAL. FORWARD TO MAY 20, 2018 REGULAR CONSENT AGENDA. B. Ordinance: Renewing a Moratorium in the Tukwila International Boulevard Study Area Staff is seeking Council approval of an ordinance that would extend the moratorium on auto -oriented uses and hotels and motels in the Tukwila International Boulevard Study Area for an additional six months. This extension will allow for discussion on options, mitigation, budget, and timeline for coordinating street improvements and zoning updates. Chair Quinn asked that the memo be expanded with greater detail about past actions as well as the outcomes that staff intends to develop during the moratorium period. UNANIMOUS APPROVAL. FORWARD TO MAY 28, 2019 COMMITTEE OF THE WHOLE. C. Lodging Tax Application: International Food Truck Roundup Staff is seeking Council approval of a lodging tax funding request from the City of Tukwila for $5,000 to support an International Food Truck Roundup that is tentatively scheduled for July 21. This event will be cosponsored by Westfield Southcenter and Culinex and will feature food trucks offering a variety of international cuisines. While not a City event, lodging tax 149 Community Development & Neighborhoods Minutes May 14, 2019 funds will be used to help with marketing and operations. Chair Quinn asked that other areas of the city more accessible to residents be considered for future food truck events. UNANIMOUS APPROVAL. FORWARD TO MAY 20, 2019 REGULAR CONSENT AGENDA. D. Housing Issues Staff provided an overview of the status of housing issues, including recent housing developments, future actions, and completed actions. The main options for increasing the supply of affordable housing include regional policy action, direct and indirect funding, lowering development costs, inclusionary/incentive zoning, and direct housing development and preservation. The City is hosting the Department of Commerce on May 29 for its "Short Course on Affordable Housing," which will provide additional context and information for the Council to consider as it moves forward with policy decisions. Councilmember Robertson noted that the required 400 sf of recreation space may be prohibitive to developers but important for low income children. Chair Quinn pointed out that conversation futures tax dollars can be leveraged to purchase open space and developers should be included in that approach. Councilmember Robertson would like the committee to discuss boarding houses and short-term rentals. Staff noted that these would be part of the residential definitions code update that is with the Planning Commission, but the item has been postponed due to the shoreline and critical areas updates and has not been rescheduled yet. Chair Quinn stated that the Committee would review these issues with a comprehensive focus and with a goal of surfacing intended and unintended consequences of policy decisions. Councilmember Seal agreed. Chair Quinn also noted the importance of educating the community about the true definition of housing affordability as well as the link between housing density and climate change. Staff will provide the Committee with a briefing of the residential definitions item including information on the concepts that were challenging for the Planning Commission to resolve. DISCUSSION ONLY. E. Grant Application: Economic Development Work Staff is planning to apply for a Port of Seattle grant for economic development work. Tukwila is eligible to receive up to $19,800 and must provide a 50% match, half of which can be met with in -kind resources. Staff will apply for the full amount, $7,000 of which would be used for a business recruitment website and the remainder toward the economic development plan. If the application is successful, a future budget adjustment will be necessary to reflect the new revenue. The City's matching funds are already included in the Economic Development Division's budget and there be no impact to the General Fund. DISCUSSION ONLY. 150 COUNCIL AGENDA SYNOPSIS vdtials Meeting Date Prepared by Mayor's review Council review 05/20j19 ]P ITEM INFORMATION ITEM No. 5.A. S"I'AFF SPONs( UAN PADILLA ORIGINAl AGENDA DATE: 5/ 20 j19 iGI NDA ITEM TITLE Police Commanders Contract 2019-2021 C \"I'EC;ORY ❑ Di:rcurnon Mtg Date /1 Motion Date 5/20/19 ❑ Resolution Mtg Date ❑ Ordinance 1b1tg Date [ Bid Award Mtg Date ❑ Public Hearing AN Date ❑ Other .M1ts Date Mtg SPONSOR ECouncil ❑1Vlayor V/HR ❑DCD Finance 'ire CFS ❑Pd7R Pole ❑PCourt SPONSOR's Consideration and approval of the Police Commanders labor contrar 2019-2021 SUMMARY RI ti"IEG i I) BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: E Finance ❑ Parks Comm. ❑ Public Safety Comm Comm. ❑ Planning Comm. CHAIR: N/A COMMI I I EE RECOMMENDATIONS: SPONSOR/ADMIN. COMIMVEFEE Human Resources N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments; MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 5/20J19 Informational Memorandum dated 5/1/19 Labor Agreement with Police Commanders 151 152 City of Tukwila Allan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: City Council FROM: Juan Padilla, Human Resources Director CC: Mayor Ekberg DATE: May 1, 2019 SUBJECT: Police Commanders Contract 2019-2021 ISSUE Consideration and approval of the Police Commanders labor contract for 2019-2021. BACKGROUND The Commanders contract ended on December 31, 2018. The City and Union have reached a tentative agreement on a three-year contract. DISCUSSION The City and the Union have agreed to a 7% increase for 2019, retroactive to January 1, 2019. The City and the Union have also agreed to 100% CPI-W (June to June) for 2020 and 2021. City staff researched the Commanders compensation in Tukwila's comparable cities outlined in the Council approved resolution, no. 1951, and determined the terms of this agreement ensure Tukwila Police Commanders remain in market. The contract has been voted by the Union members and the vote passed unanimously. RECOMMENDATION The Council is being asked to consider and approve the contracts at the May 20, 2019 Regular Meeting. ATTACHMENTS Police Commanders Contract 2019-2021. 153 154 TUKWILA POLICE COMMANDERS LABOR AGREEMENT between the CITY OF TUKWILA and FRATERNAL ORDER OF POLICE Green River Lodge #27 Tukwila Commanders Labor Committee Effective January 1st, 2019 through December 31 st, 2021 1 155 TUKWILA POLICE COMMANDERS AGREEMENT by and between THE CITY OF TUKWILA and FRATERNAL ORDER OF POLICE - LODGE #27 TABLE OF CONTENTS, ARTICLE TITLE PAGE Table of Contents 2 1 Recognition and Bargaining Unit 3 2 Definitions 3 3 Dues Deduction 4 4 Hours of Work and Overtime Exemption 4 5 Management Benefits 5 6 Uniforms and Clothing 8 7 Salaries 9 8 Grievance Procedure 10 9 Management Rights 12 10 Civil Service 12 11 Non -Discrimination 13 12 Indemnification 13 13 Entire Agreement 13 14 No Strike and No Lockout 14 15 Savings Clause 14 16 Duration of Agreement 15 156 AGREEMENT This mutual agreement has been entered into by the Fraternal Order of Police Green River Lodge #27 Tukwila Labor Committee (hereinafter referred to as FOP), and the City of Tukwila (hereinafter referred to as "City" or "Employer"). ARTICLE 1 RECOGNITION AND BARGAINING UNIT SECTION 1. The City of Tukwila recognizes the Fraternal Order of Police Green River Lodge 27 Tukwila Labor Committee, as the exclusive bargaining representative of the Police Department for all Police Commanders of the Tukwila Police Department. ARTICLE 2 DEFINITIONS SECTION 1. For the purpose of this Agreement, the following definitions will control: 2.1 "Bargaining Unit" shall mean all regular full-time commissioned Commanders who are employed by the City of Tukwila Police Department and working in the position of Commander per PERC certification dated December 8th 2016 (Case No. 128476-E-16). 2.2 "Employer" shall mean the City of Tukwila, Washington. 2.3 "Commander" shall mean all Commanders included in the bargaining unit as set forth in Section 2.1 above. 2.4 "Union" or "FOP" shall mean the Fraternal Order of Police Green River Lodge #27 Tukwila Commanders Labor Committee. 2.5 "Police Chief' shall mean the Police Chief or Police Chiefs designee. 3 157 ARTICLE 3 DUES DEDUCTION The following procedure shall be followed in the deduction of dues and initiation fees for members of the bargaining unit. Upon receipt of written authorization individually signed by a bargaining unit member, the City shall deduct from the pay of such member, the amount of dues as certified by the Union of the signatory organization and transmit the amount to the Union in a timely manner. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article, unless caused by the negligence of the Employer. ARTICLE 4 HOURS OF WORK AND OVERTIME EXEMPTION 4.1 Police Commanders shall generally work forty (40) hours per week schedules. Furthermore, the management nature of their position qualifies as an Executive Exemption under the Fair Labor Standards Act and Washington State Minimum Wage Act, and thus Police Commanders are salaried employees who are not paid overtime. 4.2 Flexible work schedules will be utilized as may be acceptable to the Police Chief, after considering the coverage needed from the commander classification and commander duty responsibilities. 4.3 In lieu of overtime pay, informal release time may be authorized in recognition of the time demands of the positions, as mutually agreed by the bargaining unit member and the Police Chief. 4.4 LONGEVITY PAY Longevity pay shall be added to each Commander's base monthly pay as follows: Commander shall receive three percent (3%) at the anniversary date of ten years (10) of employment. Commander shall receive five percent (5%) at the anniversary date of fifteen years (15) of employment. Commander shall receive seven percent (7%) at the anniversary date of twenty years (20) of employment. 158 Commander shall receive ten percent (10%) at the anniversary date of twenty-five years (25) of employment. ARTICLE 5 MANAGEMENT BENEFITS Unless otherwise agreed, the provisions set forth in City of Tukwila Resolution no. 1700, dated November 9, 2009, shall continue to apply to police Commanders as outlined in the following provisions of the City Resolution: 1. Holidays - Commanders shall receive the following holidays in accordance with existing city policy: Holidays listed. January 1 Third Monday in January Third Monday in February Last Monday in May Fourth of July First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 (2) Two Floating Holidays New Year'sDay Martin Luther Kings Birthday President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Commander's choice In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. The Floating Holidays must be taken during the calendar year of entitlement or the days shall be forfeited. 2. Sick Leave - A Commander shall accumulate sick leave pay at the rate of eight (8) hours for each completed calendar month of service, with an annual carryover of up to 720 hours (e.g. 90 8-hour days). Accumulated sick leave shall be paid at the rate of eight (8) hours per day at the Commander's regular straight time -hourly rate of pay from and including the Commander's first(s)working day absent. Sick leave benefits shall apply to bona fide cases of Commander's sickness, accident, doctor, dental or ocular appointments, maternity leave, or the illness or injury of a spouse or other dependent family member with a health condition that requires treatment or supervision, and requests for Commander's presence by immediate family, 5 159 doctor or clergy due to immediate family illness, or emergency. Commanders who exceed seven hundred and twenty (720) hours of accumulated sick leave will receive into their individual HRA VEBA account twenty-five percent (25%) of the value of the accrued, unused sick leave hours that they have earned in excess of seven hundred and twenty (720). Sick Leave Pay Out Upon Separation of Employment Upon an employee's separation of employment from the City, the City will contribute twenty-five percent (25%) of the amount payable for any unused sick leave into the employee's individual HRA/VEBA account. If required and applicable, the City shall exclude the contribution to the HRA/VEBA, the sum of unused sick leave accruals used by the Department of Retirement Systems in calculating the employee's average final compensation. Domestic Partner Benefits The City of Tukwila Self -Insured healthcare plan extends dependent eligibility to Commander's spouses, domestic partners and their children. The City provides benefit coverage to a domestic partner of the same or opposite sex and dependent children on the same basis as provided to a spouse and dependent children. Eligibility for domestic partnership status will be established by presentation of proof of a registered domestic partnership of the State of Washington or the submission of an affidavit and documentation as required by the City's Personnel Policies. Funeral Leave A Commander who has a member of his/her immediate family taken by death or who has been notified by a physician in attendance of imminent death may request to use up to fifty-six (56) hours of leave of absence with pay. Immediate family shall be defined as spouse, registered domestic partner, mother, father, mother-in-law, father-in-law, children (including registered domestic partner's children in compliance with City Policy & Procedure #01-02-14), brother, brother-in-law, sister, son-in-law, daughter- in-law, brother-in-law, sister-in-law , grandparents, and grandchildren and any person acting in the capacity of a parent to the Commander as a child (applying "in loco parentis" doctrine). 3. Medical Insurance The Employer shall pay the full premium cost for medical coverage under the Self - Insured Medical Plan for Commanders and their eligible dependents, up to a maximum increase of eight percent (8%) each year. Any increase in premium costs above 8% will be paid by the Commanders through payroll deduction; provided bargaining unit members shall not pay premium costs that exceed those paid by members of the Tukwila Police Officers' Guild during the term of this Agreement. In the event the monthly premium costs increase more than eight percent (8%) throughout the duration of this agreement., the Employer or the Union have the right 160 6 to reopen the Agreement to negotiate changes in the Self -Insured Medical Plan benefit level so that the increase in medical premium costs does not exceed eight percent (8%). In August of each year the Tukwila Health Care Committee will meet to review the actual costs of the Self -Insured Medical Plan from September 1st of the previous year through August 31st of the current year. The actual costs, together with any projected increase to the Tukwila Self -Insured Medical Plan, shall be used by the City to determine the premium costs for the following year. For Commanders who elect medical coverage through Kaiser-Permanente, the Employer shall pay up to the maximum dollar amount contribution to the Self - Insured Plan for Commander and dependent coverage. Any premium amounts in excess of the Employer's contribution shall be paid by the individual Commander through payroll deduction. Coverage under the Kaiser- Permanente Plan shall be determined by Kaiser-Permanente. Effective January 1, 2018, the Union accepts the following changes in plan design: The changes are: Increase co -pays for Specialist to $40 (from $25). Complex imaging to $100 (from $0), and Urgent Care to $50 (from $25) and Change to the Envision Select Formulary. 4. Life Insurance The City shall pay the premium for a Commander to purchase life and accidental death and dismemberment insurance at one hundred percent (100%) of the amount of the Commander's annual earnings, rounded up to the next higher multiple of one thousand dollars ($1,000). 5. Vision/Optical The City shall provide coverage for eye examinations and vision hardware and contacts for each full-time Commander and his or her eligible dependents at the rate of $250 per person, to a maximum of $500 per family each calendar year. 6. Disability Insurance The City shall provide one hundred percent (100%) of the premium for each full-time Commander for a comprehensive long-term disability policy 7. Health Reimbursement/VEBA Benefits Full-time Commanders shall be required to participate in the City of Tukwila HRA/VEBA plan. Eligible Commanders shall join the HRA/VEBA plan effective the first of the month following their date of hire with the City. The flat dollar contribution amounts to be paid into the HRA/VEBA plan by each individual Commander shall be as follows: Plan Year 1 - effective date is upon the signing of this agreement - one year later $400 per month ($200 per pay period) 7 161 Plan Year 2 - effective date based upon plan year one= $400 per month ($200 per pay period) Plan Year 3 - effective date based upon plan year two = $400 per month ($200 per pay period). Future changes to monthly contribution amounts or plan design changes will be made when a successor labor agreement has been negotiated between the parties. 8. Vacations Following the sixth (6) month of continuous employment, full-time Commanders shall be granted annual vacation leave in the amount of six (6) full days (each day is calculated at eight hours regardless of schedule worked). Thereafter, the Commander will accrue an additional day of annual leave each month, up to a total of 14 days (i.e. 112 hours) per year. The maximum number of accrued hours is 384 or 48 days. Vacation Schedule: Years of Service Vacation Accrual 1st thru 4th years 14 days (112 hours) 5th thru 9th years 18 days (144 hours) 10th thru 141h years 22 days (176 hours) 15`h plus years 24 days (192 hours) 9. Ordinance, Policies and Procedures Except as otherwise provided by the terms of this Agreement, the City will maintain the status quo under City ordinances, policies and procedures in regard to mandatory subjects of bargaining, including benefits applicable to police commanders. This includes, but is not limited to, issues such as: personnel files, tuition reimbursement, internal affairs matters, leaves of absence, military leave, and department work rules and supplemental agreements that the parties may make during the term of the contract. 10. Vehicle Assignment Police Commanders are ancriyassignedvehiclesbytheCityfortheCity'sbenefitand Commanders are expected to take home and drive to work such vehicles. The assignment of a take home vehicle is for the purpose of responding to emergency operations and to attend required evening or weekend City meetings. Police Commanders are expected to follow all city and department rules regarding the use and maintenance ofcity vehicles. The City retains the right to reduce the number of take home vehicles assigned to members of the bargaining unit; provided that the Union retains the right to propose alternatives as well as bargain the economic effects of doing so as may be required by RCW 41.56. ARTICLE 6 UNIFO " S AND CLOTHING Uniform/Clothing/Dry Cleaning/Footwear Allowance - An annual allowance shall be provided 162 each Commander in the amount of $600.00 for cleaning of City issued Uniforms, and the replacement of footwear. The City will continue to provide and replace required uniforms and equipment on a fair wear and tear basis. ARTICLE 7 SALARIES 7.1 Effective January 1, 2019, the wages of each Commander will be: $10,944 $11,528 $12017 Step 1 Step 2 Step 3 7.2 Effective January 1, 2020, all bargaining unit members shall have their base wage increased by 100% of the Seattle -Tacoma -Bellevue CPI-W June to June, 2018-2019. 7.3 Effective January 1, 2021, all bargaining unit members shall have their base wage increased by 100% of the Seattle -Tacoma -Bellevue CPI-W June to June, 2019-2020. Effective upon the date the last party signs the Agreement, the City agrees to an annual stipend of $1500 per Commander as an education incentive allowance, payable in the form of tuition reimbursement, not to exceed $6000 per year for the bargaining unit as a whole. An individual Commander can assign his/her $1500 to another bargaining unit member. 9 163 ARTICLE 8 GRIEVANCE PROCEDURE 8.1 Definition. A "grievance" means a claim or dispute by a Commander (or the FOP on behalf of an Commander or Commanders or on its own behalf with regard to matters effecting the Union as an entity) with respect to the interpretation or application of the provisions of this Agreement. 8.2 Procedure: A. Step 1: A Commander or FOP representative must present to his supervisor a grievance in sufficient detail as to identify the claim or dispute within fourteen (14) calendar days of its alleged occurrence (or knowledge of the event giving rise to the grievance). The Commander's supervisor shall attempt to resolve it within fourteen (14) calendar days after it is presented to the supervisor. B. Step 2: If either the Commander or FOP is not satisfied with the solution by the supervisor, a written grievance stating the section of this Agreement violated, the facts of the case as seen by the grieving party, and the remedy sought. Such written grievance must be presented to the Chief of Police (with a copy to the Administrative Services Director) within fourteen (14) calendar days after receipt of the supervisor's answer in step 1. The Chief of Police shall attempt to resolve the grievance within fourteen (14) calendar days of its presentation to the Chief of Police. C. Step 3: If the Commander or FOP is not satisfied with the solution by the Chief of Police, the written grievance, together with all other pertinent materials, may be presented to the Mayor or his/her designee by a FOP representative within (14) calendar days after receipt of the Chief s answer in Step 2. The Mayor or his/her designee shall attempt to resolve the grievance within fourteen (14) calendar days after it has been presented to the Mayor. D. Step 4: Except as otherwise provided in this Article, if the grievance is not resolved at Step 3, the grievance may, within thirty (30) calendar days, be referred to arbitration by the FOP. The City and the FOP shall try to agree upon a mutually acceptable arbitrator. If the parties fail to agree, they shall strike from a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service, with all arbitrators being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. 164 It shall be the function of the Arbitrator to hold a hearing at which the parties may submit their cases concerning the grievance. The Arbitrator shall decide the case based on the interpretation and application of the provisions of the agreement within thirty (30) days after such hearing. The decision shall be in writing together with specific facts and rationale for deciding in favor of either party. The decision shall be final and binding upon the parties to the grievance provided the decision does not involve action by the City, which is beyond its jurisdiction. Each party hereto will pay the expenses of their own representatives (e.g. attorney's fees) and the expenses of the arbitrator will be borne equally by the parties hereto. Neither the arbitrator nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this agreement. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The Arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the provisions of this Agreement. The Arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The City, Union and any bargaining unit member shall not have a right to bypass the arbitration provisions of this Agreement and resort to litigation or any other forum to appeal a grievance based on rights under this Agreement. Litigation or any other contest of any subject matter involving a Commander or the Union in any court or other available forum shall constitute an election of remedies and a waiver of the right to arbitrate the matter. 8.3 Timeliness. It is the intent of this grievance procedure that the parties will process grievances within the timeframes set forth herein. In the event the grievance is not processed in the timeframes stated, then the matter shall be considered resolved. If the City fails to comply with the timeframes herein, then the grievance will automatically advance to the next step. The timeframes may be extended by mutual written agreement of the parties. 11 165 ARTICLE 9 MANAGEMENT RIGHTS All powers, authorities, functions and rights not specifically and expressly restricted by this Agreement are retained by the City and shall continue to be subject to exclusive management control. Management rights shall include by way of illustration, but are not limited to the right to: + Establish and modify reasonable rules and regulations for the operation of the Police Department and the conduct and performance of its Commanders. Determine and change Police Department budget, methods of operation, facilities and equipment. + Recruit, hire, layoff, promote, assign, appoint, discipline, discharge, or suspend Commanders in accordance with City of Tukwila Civil Service Rules and Regulations. + Determine work schedules, number of personnel and the methods and processes by which work is to be performed. + Determine mental, physical and performance standards. + Assign work and determine the duties to be performed by Police Commanders including what work will be assigned to Police Commanders and what work will be assigned to other personnel. + Determine the need for additional education courses, training programs, on-the-job training, or class training; assign Commanders to such duties for periods to be determined by the Employer. + To take whatever temporary actions are necessary in emergencies in order to assure the proper functioning of the Department. The Union agrees that its members shall comply in full with Police Department rules, regulations, policies and procedures including those relating to conduct and work performance. ARTICLE 10 CIVIL SERVICE City of Tukwila Civil Service Rules and Regulations shall continue to apply to Commanders. Application of Civil Service Rules and Regulations by the Civil Service Commission shall not be subject to the Grievance Procedure. 166 12 ARTICLE 11 NON-DISCRIMINATION It is the continuing policy and recognized obligation of the City and the Union that the provisions of this Agreement shall be applied uniformly as required by federal and state employment laws that prohibit unlawful discrimination based upon race, color, religion, creed, national origin, handicap, sexual orientation, marital status, gender, or age, except where gender or age is a bona fide occupational qualification or any other class protected by law. Disputes regarding this Article may be handled through either the grievance procedure or the applicable regulatory agency, Including the City's Civil Service Commission, but not both. All provisions of this Agreement shall apply equitably to all male and female Commanders. ARTICLE12 INDEMNIFICATION 12.1 The Employer shall indemnify , defend and hold harmless any Commander, and the Commander's marital community, named as defendant in a lawsuit for alleged acts or omissions ofthe Commander made in good faith duringthe course and inthe scope ofthe Commander's employment with the Employer; provided, that the Employer shall not be required to indemnify, defend or hold harmless the Commander for any dishonest, fraudulent or criminal act, intentional misconduct or gross negligence ofthe Commander, or for any suit brought against the Commander by or on behalf of the Employer. This protection shall apply only after written notice that the Commander has been named as a defendant in the lawsuit is given to the City Attorney by the Commander or the Guild. The Employer retains the right to select the counsel to provide legal representation to the Commanderpursuant to this Article in the Employer's reasonable discretion. 12.2 The City or its insurance carrier has the right to select the counsel to provide legal representation. The City or its insurance carrier will ensure that the attorney selected has a high level of experience in representing law enforcement officers in the use of force. ARTICLE 13 ENTIRE AGREEMENT 13.1. The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and no oral statement shall add to or supersede any of its provisions. 13 1 67 13.2. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement or by an agreement to modify the terms of this Agreement, the Employer and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 14 - NO STRIKE AND NO LOCKOUT 14.1. No Strike. During the life of this Agreement, neither the Union nor any officer, agent, or Commander will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage ofwork, or "sick-outs." 14.2. No Lockout. During the term of this Agreement, the City will not instigate a lockout over a dispute with the Union so long as there is no breach of Section 1. 14.3. Union Official Responsibility. Each Commander who holds the position of officer or steward or committeeman of the local Union occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. In the event of a violation of Section 1 of this Article, the Union agrees to inform its members of their obligations under this Agreement, and to direct them to return to work. ARTICLE 15 - SAVINGS CLAUSE 15.1. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the reminder of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutual satisfactory replacement of such article. 15.2. If any provisions of this Agreement are found by a court of competent jurisdiction to be in conflict with current Civil Service Rules and regulations, the letter shall prevail except in Union security provisions, in which case, the provisions of Article 20 shall prevail. The Employer agrees that in the event that any provision of Civil Service Rules and Regulations are suspended, abolished or modified, collective bargaining shall proceed immediately with respect to any items what as a result of such change may come within the discretion of the Employer, and the results of such bargaining shall be made a part of this Agreement. 168 14 ARTICLE 16 DURATION OF AGREEMENT Unless otherwise provided herein, this Agreement shall become effective on the date the contract is signed by the last party signing the Agreement. It shall remain in force until December 31, 2021. CITY OF TUKWILA TUKWILA POLICE COMMANDERS ASSOCIATION Allan Ekberg, Mayor Jon Harrison, President Tukwila Police Commanders Association Date: Attest: Christy O'Flaherty, City Clerk 15169 170 COUNCIL, AGENDA SYNOPSIS Initials -------- ----------------------- MeetingDate Prepared by Ala lor's review Council review 05/20/19 JP ",, 0 W10 ITE NFORMATION ITEM No. 5.B. STAFF SPONSOR: UAN PADILLA ORIGINAL AGENDA DATE: 5/20/19 AGENDA ITEM DOLE Police Sergeants Contract 2019-2021 CVTEGORY Discussion Mtg Date PI Motion g Date 5/20/19 0 Resolution A/11:g Date E Ordinance Mtg Date rj Bid Award Mtg Date 0 Public Hearing Mtg Date Ej Other Mtg Date A SPONSOR Counci 1 Mayor 1HR ODCD Finance EFire E] TS EIP&R EPolice EPW Court SPONSOR' s Consideration and approval of the Police Sergeants labor contract or 2019-2021 SUMMARY REVIEWED BY ri C.O.W. Mtg. fl CDN Comm El Finance Comm. E] Public Safety Comm. E Trans &Infrastructure Arts Comm. El Parks Comm. El Planning Comm. DATE: COMMITTEE CHAIR: N/A RECOMMENDATIONS: SpoNsoR/AumiN, COMMITTEE Human Resources N/A COST IMPACT I FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 5/ 20/ 9 Informational Memorandum dated 5/1/19 Labor Agreement with Police Sergeants 171 172 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL E ORANDUM TO: FROM: Juan Padilla, Human Resources Director CC: Mayor Ekberg DATE: May 1, 2019 SUBJECT: Police Sergeants Contract 2019-2021 ISSUE Consideration and approval of the Police Sergeants labor contract for 2019-2021. City Council BACKGROUND The Police Sergeants are a new bargaining unit, that was previously a part of the Police Guild. Their contract ended on December 31, 2018. The City and Union have reached a tentative agreement on a three-year contract. DISCUSSION The City and the Union have agreed to a 6% increase for 2019, retroactive to January 1, 2019. The City and the Union have also agreed to 100% CPI-W (June to June) for 2020 and 2021. City staff researched the Sergeants compensation with Tukwila's comparable cities outlined in the Council approved resolution, no. 1951, and determined the terms of this agreement ensure Tukwila Police Sergeants remain in market. The contract has been voted by the Union members and the vote passed unanimously. RECOMMENDATION The Council is being asked to consider and approve the contract at the May 20, 2019 Regular Meeting. ATTACHMENTS Police Sergeants Contract 2019-2021. 173 174 TUKWILA POLICE -SERGEANTS LABOR AGREEMENT between the CITY OF TUKWILA and the TUKWILA POLICE SERGEANTS ASSOCIATION Effective January 1, 2019 — December 31, 2021 175 TABLE OF CONTENTS TITLE PAGE Preamble 4 Article 1 RECOGNITION AND BARGAINING UNIT 4 Article 2 ASSOCIATION MEMBERSHIP AND DUES DEDUCTION 5 Article 3 WORKING OUT OF CLASSIFICATION 5 Article 4 HOURS OF WORK 5 Article 5 SALARIES 16 Article 6 PREMIUM PAY 16 Article 7 DEPARTMENT WORK RULES 17 Article 8 CLOTHING AND EQUIPMENT 19 Article 9 SICK LEAVE 22 Article 10 HOLIDAYS 24 Article 11 EDUCATION ALLOWANCE 26 Article 12 VACATIONS 28 Article 13 PENSIONS 29 Article 14 MEDICAL COVERAGE 29 Article 15 PROBATIONARY PERIOD 32 Article 16 DISCIPLINARY PROCEDURES 32 Article 17 MANAGEMENT RIGHTS 35 Article 18 GRIEVANCE PROCEDURE 37 Article 19 NO STRIKE 39 Article 20 LEAVES 39 Article 21 INDEMNIFICATION 40 Article 22 SAVINGS CLAUSE 42 Article 23 ENTIRE AGREEMENT 43 Article 24 SAFETY 43 2 176 TABLE OF CONTENTS TITLE PAGE Article 25 DURATION OF AGREEMENT 43 Appendix "A" WAGE SCHEDULE REVISIONS 45 3 177 PREAMBLE This mutual agreement has been entered into by the Tukwila Police Sergeants Association (hereinafter referred to as "Association'), and the City of Tukwila (hereinafter referred to as "City" or "Employer"). The purpose of this Agreement is the promotion of harmonious relations between the Association and the City; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of rates of pay, hours of work, and other terms and conditions of employment. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT SECTION 1.1 Association. The City of Tukwila recognizes the Association as the exclusive bargaining representative of the Police Department for all employees in positions certified by the PERC as being within the Association's bargaining unit; provided that neither party waives its right to petition the Public Employment Relations commission to add to or delete from the above list in accordance with established time frames and procedures. SECTION 1.2 Negotiations Sessions. Employees who serve on the Association negotiations committee shall be allowed time off from duty with pay to attend negotiation sessions with the Employer during working hours, provided prior notification is given to the Chief, or his/her designee, and the time is mutually agreed upon. For the purposes of negotiations with the Employer, the number of official representatives of the Association shall be limited to four members. SECTION 1.3 Association Business. The City shall afford Association representatives a reasonable amount of time while on -duty status to consult with appropriate management and/or aggrieved employees, provided that the Association representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request necessary time without interference with assigned duties. Employees who are subpoenaed to appear as fact witnesses during a Civil Service Hearing, PERC hearing or Labor arbitration may be allowed to attend without loss of pay, only during their testimony. For purposes of Association business with Employer, the Association will notify the Employer 4 178 as to its official representative(s). ARTICLE 2 - ASSOCIATION MEMBERSHIP AND DUES DEDUCTION SECTION 2.1 Dues Deduction. Upon receipt of written authorization individually signed by a bargaining unit member, the City shall deduct from the pay of such member, the amount of dues as certified by a Sergeant of the signatory organization and transmit the amount to the Association in a timely manner. The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article, unless caused by the negligence of the Employer. ARTICLE 3 - WORKING OUT OF CLASSIFICATION SECTION 3.1 Commander/Deputy Chief. If a Sergeant is assigned by proper authority to work out -of -class as a Commander or Deputy Chief for a period in excess of one day, he/she shall be paid a premium of seven percent (7%) of the Sergeant's base wage per hour for the entire period of assignment. Additionally, an employee eligible for premium pay pursuant to Article 6 of this Agreement at the time he/she is required to work out of class as a Commander or Deputy Chief shall continue to be paid such premium pay during the entire period of the assignment. If an acting appointment is to extend beyond 30 calendar cays, the Chief will request a provisional appointment from the Civil Service Commission. ARTICLE 4 - HOURS OF WORK SECTION 4.1 GENERALLY. This Article is intended to define the normal hours of work, to provide the basis for calculation of overtime, and to set forth the policy on compensatory time. Compensation shall not be paid 5 179 more than once for the same hours under any provision of the Agreement. For the purposes of FLSA compliance, the Employer reserves the right to maintain and modify, as necessary, work period designations for different shifts in accordance with FLSA 207(k). For example, this includes different work periods for different shifts (e.g. a 28 day work period for employees on a 5-2 or 4-10 or 12 hour work schedules). SECTION 4.2 SCHEDULES. A. Hours of Work 1. Patrol Division - 12-Hour Work Schedule Such schedule shall be three (3) consecutive twelve (12) hour days worked followed by four (4) consecutive days off followed by four (4) consecutive twelve (12) hour days worked followed by three (3) consecutive days off during each fourteen (14) day period. The FLSA work period shall be 28 days. 2. Non -Patrol Schedule The work schedule for Association employees assigned to non -patrol work will be the equivalent of forty (40) hours per week on an annualized basis and the normal work hours shall be four (4) consecutive ten (10) hour days worked followed by three (3) consecutive days off during each seven day work period. 3. Meal/Break Period Schedules shall be inclusive of the meal period. Sergeants assigned to Patrol on 12-hour shifts will be allowed to take rest or meal breaks, duties permitting, as two 30-minute meal breaks and two fifteen -minute rest breaks. Breaks may be combined; however, the City retains its management rights to 6 180 address performance issues and deny the combining of breaks at the discretion of the Chief or his/her designee. While on either meal break or rest, such sergeants may be subject to call for service. All Sergeants, other than Patrol Sergeants, will be allowed a 30-minute meal break and two fifteen -minute breaks. Breaks may be combined; however, the City retains its management rights to address performance issues and deny the combining of breaks at the discretion of the Chief or his/her designee. While on either meal break or rest such sergeants may be subject to call for service. B. Staffing The following policy will be adhered to except when unusual occurrences create increased staffing needs (e.g. civil disorder, national disaster, holiday, significant event, etc.) 1. Staffing levels The Chief agrees to discuss any staff configuration changes with the Association prior to making any long-term adjustments in staffing levels. The Association recognizes the ultimate right of the Chief to adjust staff levels within the department. 2. Staffing Administration Current on duty staffing levels for patrol on each shift is one (1) supervisor and six (6) officers up to two (2) hours prior to the shift, with the following exceptions: a. During the two (2) vacation bids that occur in conjunction with the shift bids twice a year, the City will allow vacation requests 7 181 down to one (1) supervisor and five (5) officers on each on - duty patrol squad. With regard to "unusual occurrences", where practical, the Chief shall provide these dates prior to the twice per year vacation bid. The holidays specified herein are the Day after Christmas, the Day after Thanksgiving, the 4th of July and New Year's Eve. The significant events referenced herein are those events on any given day that may reasonably be expected to threaten public safety if staffing levels are not increased as determined by the Chief or his/her designee. SECTION 4.3 Overtime. Except as otherwise provided in this Article: A. Overtime Pay. All Sergeants other than Patrol Sergeants shall be paid at the rate of time and one-half his/her regular rate of pay for the first three (3) hours in excess of their regularly assigned schedule and beginning the fourth (4th) hour at the rate of two (2) times his/her regular pay rate in one day. B. Patrol Sergeants shall be paid at the rate of time and one-half his/her regular rate of pay for all hours in excess of their regularly assigned schedule up to the 14th hour, and beginning with the 14th hour at the rate of two (2) times his/her regular pay rate in one day. However, employees who are granted the Rest Period provision in Section 4.4D1 or 4.9B will be compensated at the rate of time and one-half, and not at the double time rate for hours worked for attending court or mandatory training. C. Callback Authorization. Sergeants are not allowed to activate themselves for administrative duties or law enforcement duties without prior pre -authorization from command staff. Pre -authorization does not pertain to police emergency situations where an "off -duty" sergeant needs to activate 8 182 himself or herself to an "on -duty" status in response to an emergency involving an immediate threat to human life, or serious threat to person or property, or in response to a Code 3 request for officer assistance in the City limits of Tukwila. D. Callback and Court. An employee who is required to work outside his/her regular shift, or on his/her day off (including being called into court on matters arising directly from the Sergeant's employment as a Tukwila police Sergeant) shall be guaranteed a minimum of three (3) hours pay at one -and -one-half times his/her regular hourly rate of pay; provided the callback is not an extension after the employee's normal shift. If the assignments require time over the three-hour minimum, all time over the three hours and outside the employee's normal workday shall be paid at the applicable overtime rate. An employee directed back to work for one hour or less before the next scheduled shift shall be paid on the basis of the overtime actually worked and the overtime minimum shall not apply. 1. Sergeants assigned to the graveyard/night shift who are scheduled for court during hours the employee would not be regularly scheduled to work between two scheduled graveyard/night shifts will be granted an eight (8) consecutive hour rest period beginning when the court requirements/obligations are over and will not be required to report back to work until the end of such rest period. In this instance Sergeants will be compensated at time -and -one-half for their court attendance, and double time will not apply. A Sergeant will not have his/her shift extended as a result of the operation of this paragraph and the Sergeant will be paid, at the regular straight time rate, for all hours he/she was scheduled on a graveyard/night shift but did not work because of the above rest period. 9 183 E. Minor Work Contact Outside of Scheduled Work Hours. If the Employer contacts an employee for work purposes outside of the employee's scheduled work hours (by telephone, pager or otherwise), then the Employer shall compensate the employee for the time spent during such contact at the rate of time -and -one-half the employee's regular rate of pay. Compensation shall be for a minimum of fifteen (15) minutes and shall continue for actual time spent during the contact in fifteen (15) minute increments. For example, a five (5) minute call shall require compensation for fifteen (15) minutes; a sixteen (16) minute call shall require compensation for thirty (30) minutes; a thirty-one (31) minute call shall require compensation for forty-five (45) minutes and so on. Any actual call back to duty shall be governed by subparagraph A and B. above. F. Pyramiding. There shall be no pyramiding of overtime. G. Off -duty Call -in Authorization. Employees who are called in to work while off duty for an in -progress incident will be paid from the time they receive the call and have communicated to the requestor: (1) that they are in route; and (2) when they can be expected to arrive. Employees will respond to the incident in a reasonable and appropriate amount of time based on their proximity or distance to the station or location. Pay will then continue until their duties are completed in response to the issue or incident giving rise to the call. Employees will not be paid for their travel or commute to their residence after their duties have been completed. SECTION 4.4 Shift Change. Employer reserves the right to schedule employees to shifts, provided this will not alter shift bidding procedures or be used to require employees to change their schedules to avoid the payment of overtime, unless mutually agreed upon by Employer and employee, with concurrence of an Association Executive Board member. Employer will bargain over changes in shift configurations (e.g. 6-3, 5-2, 4- 10, 9/80, and 12-hour shifts). 10 184 SECTION 4.5 Standby. The Employer and the Association agree that the use of standby time shall be minimized consistent with sound law enforcement practices and the maintenance of public safety. Standby assignments shall be for a fixed, pre -determined period of time not to exceed ten (10) hours. Employees formally placed on standby status shall be compensated on the basis of five (5) hours straight time pay for ten (10) hours of standby or fraction thereof. If the employee is actually called back to work, normal overtime rules shall apply. Compensation for standby shall not be paid in addition to overtime -minimum pay. SECTION 4.6 Compensatory Time. Compensatory time is defined as time off granted an employee as compensation for hours worked in addition to the employee's scheduled workday or workweek. A. Requesting Compensatory Time. It is the responsibility of the employee to request compensatory time in lieu of overtime if so desired. The Employer shall have discretion to determine whether compensatory time is granted to the employee when compensatory time is requested by the employee in lieu of overtime. B. Compensatory Time Rate. The granting of compensatory time in lieu of overtime will be at the rate of one -and -one-half hours for each overtime hour worked. C. Maximum Compensatory Time Accrual Individual accrual of compensatory time in lieu of overtime shall not exceed forty-eight (48) hours (i.e. 32 hours at time -and -one-half). SECTION 4.7 Kelly Days. Patrol Sergeants will be granted one hundred ten (110) hours annually to compensate for the difference between the 11 185 scheduled hours in the Patrol Work Schedule and the scheduled hours in Non -Patrol Work Schedules. These hours will be referred to as "Kelly Days" (and be scheduled the same as vacation). Employees may choose to use these hours to schedule time off or to receive pay in lieu of time off or a combination of both. Fifty-five (55) of these hours shall be credited on January 1 and fifty-five (55) of these hours will be credited on July 1. A request for payment may only be made two (2) times per year, one time in June and one time in December. A request for payment made by June 5 shall be paid by July 5. Any hours remaining on December 15 shall be paid on December 31, unless the employee uses these hours prior to payment. Kelly Day pay will be calculated at the employee's straight time rate of pay. The hours used by the employee to schedule time off will be administered in the same manner as the holiday hours referred to in Article 10. A. An employee transferring into or out of Patrol during a year shall receive (be credited with) a pro rata number of paid Kelly hours that shall be paid out to the employee at the time of the transfer. Upon separation of employment, any unused Kelly day hours accrued up to that point will be paid out on the final paycheck. SECTION 4.8 Training. Training will be scheduled during the employee's regularly assigned shift whenever reasonably feasible. A. Outside Training. 1. A "shift" or "regularly assigned shift" is scheduled hours that remain the same for an employee week after week. "Regularly scheduled days off' or "weekends" are the days off that remain the same for an employee week after week. 2. The City may adjust an employee's hours and regularly scheduled days off to accommodate training of 24 hours or more in a one -week period, subject to notice requirements. The City may adjust for training under 24 hours if mutually agreed upon between the City and the employee 12 186 in order to reduce overtime and afford the ability for the employee to attend requested training. 3. The intent of this shift adjustment is to allow employees to participate in training and to better manage the cost of overtime. The City shall not require an employee to work more than forty (40) hours per week without the payment of overtime. Employees whose schedules are adjusted to attend training courses or conferences will be paid at time - and -one-half their regular rate of pay for any hours worked in excess of eight (8) hours per day, and double time of their regular rate of pay for any hours worked in excess of twelve (12) hours per day. 4. The City will give back to the employee any regularly scheduled day off that the employee is required to work because of a shift adjustment. All days given back to employees shall be taken consecutive to that employee's regularly scheduled days off. Nothing shall preclude the City from giving back two (2) or more missed days off on separate weekends as long as each missed day off is given back consecutive to that employee's regular scheduled days off. 5. All missed days off due to a shift adjustment will be rescheduled within seven (7) days of the completion of training. The rescheduled day will be taken within sixty (60) days of the completion of training. The sixty (60) day time period will be extended by mutual agreement of the City, a member of the Association Executive Board, and the employee. 6. The City is limited to making only three (3) such adjustments per calendar year and each adjustment may not last more than one (1) calendar week. 13 187 7. The employee and the Association must be given written notice of the shift adjustment seven (7) calendar days before the adjustment for training is to occur. The City and the Association may agree in writing to waive the seven (7) calendar days' notice requirement and/or the requirement that the days off be taken consecutive. B. Training for Patrol Sergeants Working Night Shift Schedule This section only applies to Sergeants working the 12-hour night shift schedule. It applies to scheduled training of four (4) hours or more during hours outside the employee's regularly assigned shift. The schedule does not apply to court time. As used herein, an 8-hour rest period is defined as, 8-hours prior to the start or 8-hours from the end time of the training. It does not always equal 8-hours of paid time off. 1. Training on First Work Day Training will be paid at time -and -one-half. There will be an 8- hour rest period (admin time) prior to the start of training and an 8-hour rest period (admin time) following the end of the training. The patrol Sergeant will be paid, at the regular straight time rate for all hours he/she was scheduled on the graveyard/night shift but did not work because of the rest period and the officer will report to work the remainder of the shift following the rest period. The patrol Sergeant will not have his/her shift extended as a result of this paragraph. 2. Training Mid -Week Training will be paid at straight time. There will be an 8-hour rest period (admin time) prior to the start of training and an 8- hour rest period (admin time) following the end of training. Following the 8-hour rest period, after training, the Sergeant 14 188 will report for duty and work the remainder of the scheduled shift. If there are multiple days of training the Sergeant will not report back to work between the training days. The patrol Sergeant will not have his/her shift extended as a result of the operation of this paragraph. 3. Training on Last Work Day Training will be paid at time -and -one-half. There will be an 8- hour rest period before the beginning of the training. C. Training for SWAT The City retains the right to adjust the regular shifts of SWAT members to attend SWAT training. When working an adjusted shift to attend SWAT training, SWAT members will receive straight time for the first twelve (12) hours worked and time -and -one-half (1-1/2) for any hours in excess of twelve (12) and will receive double time pay for any hours in excess of thirteen (13) hours. SWAT members will be given a minimum of eight (8) hours rest before attending SWAT training at no cost to them. D. Employees Reporting back to Shift after Training If the Sergeant is in training for less than a full twelve-hour shift, the employee may be required to report back to his/her regular assignment at the conclusion of training. In the event the employee is not required to report back to his/her regular assignment at the conclusion of training, the employee will be paid for the entire shift, as long as the employee was in training for eight (8) hours or more. SECTION 4.9 Daylight Savings Time. Employees who are working on the graveyard shift when the clocks are moved back one hour will be paid one hour at the overtime rate of time and one-half. Employees who are working on the graveyard shift when the clocks are moved forward one hour (other than those who are regularly scheduled to be off at 2 a.m.) shall have the 15 189 option of going off duty at their normal quitting time and utilizing one hour of vacation or compensatory leave, or working an additional hour to complete normal shift hours without additional compensation. ARTICLE 5 - SALARIES SECTION 5.1 Agreement. The Employer agrees to maintain salaries during the term of this Agreement as set forth in Appendix A & B. SECTION 5.2 Additions. This Agreement shall be opened for the purpose of negotiating salaries for new classifications affecting employees in the bargaining unit. Nothing in this section shall preclude the Employer from establishing new positions or classifications. SECTION 5.3 Longevity Pay. All Sergeants in the bargaining unit shall receive monthly Longevity Pay in addition to their monthly base rate of pay as follow: SERVICE TIME MONTHLY AMOUNT AFTER 5 YEARS 2% AFTER 10 YEARS 4% AFTER 15 YEARS 6% AFTER 20 YEARS 8% AFTER 25 YEARS 10% ARTICLE 6 - PREMIUM PAY SECTION 6.1 Premium Pay. Monthly premium pay equivalent to a percent of the top sergeant monthly wage in the amount of five percent (5.0%) shall be paid to employees assigned to the following specialties: Auto Theft Task Force Sergeant Community Police Team Sergeant (CPT Team) Detective Sergeant Professional Standards Sergeant 16 190 Special Weapons and Tactics Sergeant (SWAT) TAC Team Detective Sergeant Traffic/Motorcycle Sergeant VNET Detective Sergeant FTO Sergeant This premium shall be paid in addition to the normal salary structure contained in Appendix A. In no event may an employee receive premium pay for more than one specialty except that employees assigned to SWAT who receive premium pay for another specialty will be paid as set forth below. SECTION 6.2 SWAT Pay. The SWAT premium pay can be stacked with another type of premium pay to which an employee is entitled in the amount of 2% of the top police Sergeant monthly wage, for a total combined premium pay of seven percent (7.0%) of the top police Sergeant monthly wage. There will be no pyramiding of premium pay. In return, the City will have the right to adjust the regular shifts of SWAT members to attend SWAT training, pursuant to Article 4.9.C. ARTICLE 7 - DEPARTMENT WORK RULES SECTION 7.1 Generally. The parties recognize that circumstances change from time to time during the term of labor agreements that give rise to a need to discuss changes in hours or working conditions (including the scope of bargaining unit work). In order to provide a convenient forum to discuss these issues, the parties agree to the procedure set forth in Section 7.2. SECTION 7.2 Procedure. This Agreement may be amended within the scope of this Article provided both parties concur. Supplemental agreements may be completed through negotiations between the parties at any time during the life of this Agreement. A joint committee comprised of representatives of the two parties will meet upon the request of either party to discuss proposals related to work hours or changes in working conditions, including the scope of bargaining unit work. Should either party desire to negotiate a matter of this kind, it shall notify the other party in writing of its 17 191 desire to negotiate. Supplemental agreements thus completed will be signed by an authorized representative of the Employer and Association, with a copy to the Human Resources Director. Should either party (through the Association President, Police Chief, or their designee), having been notified of the proposed supplemental language, not respond by requesting a meeting of the joint committee within thirty (30) calendar days, the proposed language shall be considered acceptable and shall be forwarded to the other party for signature. Supplemental agreements thus completed shall become a part of this Agreement. In those cases where the parties cannot agree, the parties agree, upon the request of either party, to expeditiously proceed directly to request a PERC mediator within a 30-day period and, if necessary, to proceed to interest arbitration on the issue as provided in RCW 41.56 et seq., using one of the arbitrators selected in the grievance procedure. The parties agree to waive the appointment of partisan arbitrators and that the matter will be heard by an arbitrator selected in the same manner as is provided in the grievance procedure. Neither party may be required to arbitrate a proposal, which, if granted, would require the Arbiter to change an express term of this Agreement. SECTION 7.3 Work Rotation. The rotation of personnel between shifts shall be minimized within the limitations of providing an adequate and efficient work force at all times, as determined by the Employer. SECTION 7.4 Personnel File: A. Ownership. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Police Department. This provision shall not restrict such information from becoming subject to due process by any court of administrative tribunal or subject to a public records request. It is further agreed that information may be released to outside groups subject to the approval 18 192 of both the Employer and employee; provided, that nothing in this section shall prevent an employee from viewing his/her original personnel file in its entirety upon request. The Police Chief, City Administrator, Human Resources Director, City Attorney, and their designees shall have access to the individual personnel files in the normal course of their responsibilities. At the discretion of the Chief or his/her designees, file material shall be released to another law enforcement agency doing employment background upon proof of a signed release of the individual in question. B. Availability. The application and examination papers of a certified eligible shall be available for inspection by the appointing authority, the Chief of Police and the affected employee. Such papers shall also be made available to the elected or appointed officers of the Association at the request of the affected employee. C. Employee rights. Employees shall have the right to review any and all items placed in his/her personnel file and shall have the right to request of the Chief that any complaint be withdrawn; provided removal of the record is lawful pursuant to the Washington state local government record retention requirements. In the event that such complaint is not withdrawn if such request is made, the employee may invoke the provisions of Article 20. Except that no material shall be removed from the file during that period of time that the employee is specifically named in any civil litigation in his/her capacity as an employee which pre -dates or is relevant to the litigation. D. Employer rights. The Employer shall have the right to purge employee files from time to time as deemed necessary, with all purged items being returned to the employee for his/her own disposition. The Employer shall follow state law and all applicable City and Department policies and procedures governing these files. Employees are encouraged to review their personnel files. 19 193 ARTICLE 8 - CLOTHING/EQUIPMENT SECTION 8.1 Uniforms and Equipment. The City shall (at its expense) issue and maintain uniforms and equipment for each commissioned Sergeant under a quartermaster system. SECTION 8.2 Quartermaster System. Any garments, clothing and/or devices required by the Employer shall be furnished and maintained as needed and as approved by the Employer. The City and Association have developed the following list of the minimum required/issued items, which may be amended by mutual agreement. All items issued under the quartermaster system shall meet Police Department standards. A. All Bargaining Unit Employees: Five (5) Uniform Shirts (at least one shirt will be long sleeve) Three (3) Uniform Pants One (1) Uniform Jacket One (1) Uniform Dress Hat One (1) Baseball Hat One (1) Uniform Tie One (1) Uniform Tie Clasp One (1) Uniform Jumpsuit to a maximum of $350 (upon successful completion of probation) One (1) Gore -Tex Uniform Raincoat One (1) Duty Firearm Two (2) Sets of Handcuffs One (1) Duty Baton One (1) Duty OC Canister One (1) Uniform Badge One (1) Uniform Hat Badge Five (5) Uniform Name Tags (sew on) One (1) Uniform Name Tag (Pin Type) One (1) Soft Body Armor (Threat Level 3A or Greater) One (1) Flashlight with Charge 20 194 Duty Belt Belt Pants belt Four (4) keepers Security holster Double magazine pouch Cuff case(s), either one (1) double or two (2) single cuff cases OC case Radio case Key case Glove case Stick ring Flashlight ring holder B. Traffic issue: Two (2) Uniform britches One (1) pair Motorcycle boots in accordance with Section 8.2G below One (1) Leather jacket One (1) set Raingear One (1) coveralls Two (2) pair Safety gloves (winter & summer) One (1) Eye protection One (1) Helmet C. Detectives and plain clothes assignments and CPT Team: One (1) Hidden agenda jacket One (1) Undercover holster, cuff case, ammo pouch One (1) Coveralls Credential wallet & badge D. Community Police Team: (with bikes uniforms and equip as applicable to assignment) Two (2) Bike uniform shirts, long sleeve Two (2) Bike uniform shirts, short sleeve Two (2) pair Bike uniform shorts 21 195 One (1) pair Bike uniform winter pants One (1) Bike uniform coat One (1) Hidden agenda jacket One (1) pair Footwear in accordance with Section 8.2H below One (1) pair Eye protection Two (2) Bike helmets Two (2) pair Safety gloves (winter & summer) One (1) Undercover holster, cuff case, ammo pouch One (1) Stinger flashlight with charger E. Footwear. Basic duty footwear. All employees shall be entitled to elect either shoes or boots. The City's maximum expenditure is $125 for shoes (to be replaced on an as needed basis) or $200 for boots other than motorcycle boots or bicycle footwear (to be replaced on an as needed basis). The individual employee shall pay any overage. Detectives may choose either basic uniform duty shoes or boots or dress shoes or boots. F. Motorcycle Boot. Motorcycle boots and britches (with turn -in of work equipment and in accordance with Department policy). Motorcycle boots shall be in addition to basic duty footwear. G. Community Police Team Footwear. Bicycle footwear (with turn -in of worn equipment and in accordance with Department policy). Bicycle footwear shall be in addition to basic duty footwear. SECTION 8.3 Dry Cleaning. The City will pay $250 per year directly to employees and employees will pay for dry cleaning. SECTION 8.4 Plain Clothes (Non -Uniformed) Assignments. Employees assigned to a plainclothes Unit shall receive an annual clothing allowance in the amount of three hundred fifty dollars ($350). The clothing allowance shall be paid in the employee's first paycheck in December of each year. The clothing allowance shall be prorated to reflect assignment to a plain clothes Unit for any period of less than a year. 22 196 ARTICLE 9 - SICK LEAVE SECTION 9.2 LEOFF II. Uniformed employees hired under the provisions of LEOFF II are excluded from the provisions of RCW 41.26.150 and shall receive sick leave benefits as follows: LEOFF II employees shall be entitled to and awarded twelve (12) days of paid sick leave upon date of employment with the Employer. Beginning with the thirteenth (13th) month of continuous service, each employee shall accrue eight (8) hours of paid sick leave per calendar month of the employee's active service up to an annual carry over of ninety (90) days of sick leave (i.e. 720 hours). SECTION 9.3 FAMILY SICK LEAVE. A. Employees shall be allowed to use sick leave or other paid time off to attend to the illness or health condition of immediate family members (i.e., a child, spouse, parent, parent -in-law, or grandparent of the employee). SECTION 9.4 Separation of Employment. In the event an employee terminates his/her employment, or such employment is terminated for any reason whatsoever with the Employer prior to using his/her accumulated sick leave time, he/she shall be entitled to pay equal to twenty-five percent (25%) of the amount payable for any unused sick leave unless terminated during the probationary period. If a probationary employee has used more than eight (8) hours of sick leave per month worked, any additional amount of sick leave used shall be subtracted from the employee's final paycheck. SECTION 9.5 Domestic Partner Benefits. Employees will be eligible for domestic partner benefits in accordance with City Policy. SECTION 9.6: "Light Duty" is a temporary assignment that may be made by the Employer when an employee is restricted from performing the duties of his 23 197 or her job as determined by their treating physician. If a light duty assignment is made available, the Chief or his designee will determine the assignment, length of assignment and work schedule based upon the restrictions provided by the treating physician. The light duty assignment will not exceed six months without approval of the Chief. This section is not intended to be more restrictive than applicable state and federal law, including RCW 41.04.505 and RCW 41.04.520. ARTICLE 10 - HOLIDAYS SECTION 10.1. Employees shall receive holidays in accordance with existing City ordinances, at times, which are mutually agreeable to both the Employer and the employee. A. B. Holidays Listed. The following are established as holidays: January 1.. Third Monday in January.. Third Monday in February...... Last Monday in May............ New Year's Day Martin Luther King's Birthday Presidents' Day . .... ... . . ..................... Memorial Day July 4. First Monday in September November 11. Fourth Thursday in November Fourth Friday in November. December 25... ... ..... .......... Method of Payment Independence Day Labor Day Veteran's Day .. . .......... ...........Thanksgiving Day Day after Thanksgiving ......... ..... . .. . ........... . . .... .Christmas 1. Patrol — Patrol bargaining unit employees will be given a one - hundred -twenty (120) holiday hour bank during each anniversary year of the current collective bargaining agreement, in lieu of receiving holidays under Section 10.1A above. Sixty (60) of these hours shall credited on January 1 and sixty (60) of these hours shall be credited on July 1. Patrol employees may 24 198 choose to use these hours to take time off, to receive pay in lieu of time off, or a combination of both. A request for payment may only be made by an employee two (2) times per year, one time in June and one time in December. A request for payment made by June 5 shall be paid by July 5. Any hours remaining on December 15 shall be paid on December 31, unless the employee uses these hours prior to payment. Holiday pay will be calculated at the employee's straight time rate of pay. Upon separation of employment, any unused holiday hours accrued up to that point will be paid out on the final paycheck. 2. Non -Patrol — Non -Patrol bargaining unit employees, not assigned to patrol work full-time, shall continue to work a four (4) ten (10) hour day schedule during a holiday week. (CBD Team included) a. Regularly Scheduled Work Day. If a holiday is observed on the employee's regularly scheduled work day, the employee shall be given the day off and shall be paid ten (10) hours of holiday pay. Employees shall not receive a floating holiday. b. Regularly Scheduled Day Off If the holiday is observed on the employees regularly scheduled day off, the employee shall be paid 10 hours of holiday pay. If an employee is called into work on the holiday and the employee works a full shift on such holiday, the employee shall be paid double time and one-half for all hours worked on the holiday during the employee's regularly scheduled shift. All hours worked in addition to the employee's regularly scheduled shift on a holiday shall be considered overtime and paid in accordance with Section 4.3. of 25 199 this collective bargaining agreement. If an employee is called into work on the holiday and the employee works less than a full shift on such holiday, the employee shall be paid double time and one-half for all hours worked on the holiday and shall be paid holiday pay at his/her regular rate of pay for the remainder of his/her ten (10) hour shift. Holiday pay will be calculated at the employee's straight time rate of pay. ARTICLE 11 - EDUCATION ALLOWANCE SECTION 11.1 Education Allowance All non -probationary Sergeants holding at least an AA degree or two (2) years of college (ninety credit hours for quarters and sixty credit hours for semesters) toward a bachelor's degree in an approved field of study will be awarded education incentive pay of 2% of their base monthly wage. Any Sergeants holding a B.S. or B.A. Degree in an approved field of study shall be awarded education incentive pay of 4% of their base monthly wage. Any Sergeants holding a M.S. or M.A. Degree in an approved field of study shall be awarded education incentive pay of 6% of their base monthly wage. Approved fields of study: 1. Law Enforcement 2. Sociology 3. Psychology 4. Public Administration 5. Business Administration 6. Political Science 7. Other work -related fields of study to the approval of the Chief. 26 200 In order to be eligible for Education Incentive pay, degrees and credits shall be from a Nationally accredited college or university. Degrees shall be in an approved field of study. However, Bachelor's degrees earned in other field(s) of study and extended by Nationally accredited colleges or universities may be compensated at the AA level at the discretion of the Chief. Credits that are granted for "life experience" as opposed to conventional coursework and independent study will not qualify for education incentive. SECTION 11.2 Tuition Reimbursement. The Employer shall reimburse employees for the cost of tuition as long as the subject matter of the course of study or of a specific course is in an approved field of study as set forth in Section 11.1 and as long as the tuition costs do not exceed those found at a Washington state university and as long as the officer is working towards a degree in that approved field of study. The total reimbursements for Association represented employees, as a group, shall not exceed $9000 in any calendar year. Tuition reimbursement shall be applicable to undergraduate study only. A. In order to receive tuition reimbursement an employee must receive approval for a course of study or for a specific course prior to taking the course. If an employee receives a scholarship (or received federal or state reimbursement funds [excluding student loans]) the total amount of the Employer's reimbursement shall not exceed 100% of the total cost of tuition. B. An employee receiving tuition reimbursement must maintain a "C" grade (or equivalent satisfactory mark) and shall submit a transcript with the request for reimbursement. C. A request for tuition reimbursement for an approved course of study or specific course shall be paid within sixty (60) days of submission. D. When an employee completes a course of study at a particular level (undergraduate or graduate) the employee shall notify the Employer of 27 201 the degree attained. SECTION 11.3 In Service Training Agreements. Employees who are provided long-term training (in excess of four consecutive weeks) as a result of an assignment can be required, as a condition of assignment, to enter into a reimbursement agreement for costs of specialized training. Reimbursement would be computed based upon term of the agreement, which shall not exceed twenty-four (24) months (i.e., 1/24th per month on a 24-month contract). Training costs will be estimated at the time the contract is presented. Actual repayment will be based on actual or estimated costs, whichever is lower. ARTICLE 12 -VACATIONS SECTION 12.1 Vacation Hours. The following schedule shall govern with respect to vacations: Pay Annual Years Pay Annual Years Period Vacation Completed Period Vacation Completed Accrual Hours Accrual Hours 1 4 96 16 7.34 176 2 4 96 17 7.34 176 3 4 96 18 7.34 176 4 4 96 19 7.34 176 5 4.67 112 20 7.34 176 6 5 120 21 7.34 176 7 5.34 128 22 7.67 184 8 5.34 128 23 7.67 184 9 5.67 136 24 7.67 184 10 5.67 136 25 + 8 192 11 6.34 152 12 6.67 160 13 6.67 160 14 7.34 176 15 7.34 176 202 28 SECTION 12.2 Vacation Rules. Annual vacations shall be subject to the following rules: A. Minimum. The minimum vacation allowance to be taken by an employee shall be 15 minutes. B. Agreement. Vacations shall be granted at such times that are mutually agreeable to both the Employer and employee. C. Terminology. Temporary or intermittent employees who leave the employment of the City and later are re-employed shall, for the purpose of this Article, commence their actual service with the date of re- employment. For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. D. Maximum. Maximum hours accumulations of vacation time shall not exceed that which is equal to two years total at the highest eligible rate. E. Pay upon death. On the death of an employee in active service, pay will be allowed for any vacation earned in the preceding year and in the current year and not taken prior to the death of such employee. F. Leave of Absence. An employee granted an extended leave of absence, which includes the next succeeding calendar year, shall be given pro -rated vacation earned in the current year before being separated from the payroll. ARTICLE 13 - PENSIONS SECTION 13.1 Pension benefits shall be received in accordance with RCW 41.26 as currently in effect. 29 203 ARTICLE 14 - MEDICAL COVERAGE SECTION 14.1 Medical Insurance A. Employer contributions. Except as otherwise provided in this Article, the Employer shall contribute the premiums necessary to purchase medical care insurance for each full-time employee and his/her dependents under the City of Tukwila's Self -Insured Medical Plan. Such coverage shall not be less than that which existed under the City of Tukwila Self -Insured Medical Plan in place February 1, 2004, except as subsequently agreed herein by the parties. B. Kaiser Permanente. For employees who elect medical coverage through Kaiser Permanente, the Employer shall pay up to the maximum dollar amount contribution of the Self -Insured Plan for full - family coverage. Any premium amounts in excess of the Employer's contribution shall be paid by the individual through payroll deduction. Coverage under the Kaiser-Permanente Plan shall be as determined by Kaiser Permanente. C. Cost of premiums. The Employer shall continue to pay the full premium for medical coverage under the Self -Insured Medical Plan, up to a maximum increase of eight percent (81Y0) in a year. In the event the monthly premiums increase more than the stated amount in a year, the Employer or the Association has the right to reopen the Agreement to negotiate changes in the Self -Insured Medical Plan benefits, so that the increase in premium costs does not exceed the stated amount. SECTION 14.2 Dental. Dental coverage will be maintained for all employees and their dependents during the term of this Agreement under the City of Tukwila Self -Insured Dental Plan, or its replacement. + The cost for such plan will be borne on the following basis: The Employer will contribute one hundred percent (100%) of the total premium for this coverage. 30 204 SECTION 14.3 Optical Plan. Examination and eye glasses/contact lenses for all employees and dependents covered under this Agreement will be paid for by the Employer as set forth herein. The City shall provide coverage for eye examinations, vision and optical care, contacts, and eye glasses, to regular full-time police officers and their dependents in the amount of of $250 per person, to a maximum of $500 per family unit, each year. SECTION 14.4 Life Insurance. The Employer shall pay one hundred percent (100%) of the total premiums for life & accidental death and dismemberment insurance benefits for the employees covered under this Agreement. The face value of said insurance policy shall be $25,000 and shall include an up to $25,000 dismemberment clause. SECTION 14.5 LEOFF ll Disability Insurance. With respect to LEOFF II officers, the Association has elected to forego City coverage and has selected an alternative long-term disability (LTD) plan. The City shall require LEOFF II Officers to participate in the long-term disability insurance program selected by the Association as a condition of employment. The City shall provide for a mandatory payroll deduction to accomplish this purpose. SECTION 14.6 Insurance Carrier. The City retains the right to select all insurance carriers or to self -insure coverage as provided herein. SECTION 14.7 Re -opening Clause. During the term of this Agreement, the City and the Association each reserve the right to open negotiations in the event healthcare reform legislation, including the Affordable Care Act (ACA), mandates changes unanticipated by the parties. The purpose of such negotiations shall be to reach agreement on a mutually acceptable alternative medical option(s). SECTION 14.8 Retirement Health Savings Plan. The City will establish and maintain a mutually agreed upon, IRS qualified retirement health savings plan as soon as possible after the implementation of the collective bargaining agreement. In the event no agreement is reached, there will be no retirement health savings plan for bargaining unit employees. 31 205 SECTION 14.9 Domestic Partner Benefits. Employees will be eligible for Domestic partner benefits in accordance with City Policy. ARTICLE 15 - PROBATIONARY PERIOD SECTION 15.1 Probationary Period. All newly hired/promoted employees must serve a probationary period. The probationary period shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days in excess of 10 work days that an employee was absent during his or her probationary period; provided that the taking of scheduled and approved vacation or compensatory time off shall not be counted toward such ten-day period for promotional probationers. The probationary period is an extension of the hiring/promotional process; therefore, the provisions of this Article will not apply to employees if they are discharged or demoted during the hire/promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with Article 18. SECTION 15.2 Wage Progression. Employees shall progress through the wage steps established in accordance with Appendix A of this Agreement. ARTICLE 16 - DISCIPLINARY PROCEDURES SECTION 16.1 It is agreed that the Employer has the right to discipline, suspend or discharge any employees for just cause. Employees are subject to the provisions published as administrative policies, City ordinances, City and State Civil Service rules and regulations as they exist, and the terms of this Agreement, including the procedures set forth in Section 16.2. SECTION 16.2 The following procedures shall be applied in order to provide prompt, just, open and fair dispositions of complaints against employees of the Employer and procedural protection to all employees of the Employer during the complaint and disciplinary process. 32 206 A. A "disciplinary interview" shall mean questioning by a person in authority over an employee when the interviewer either knows or reasonably should know that the questioning concerns a matter that could lead to suspension, demotion, termination, as opposed to routine inquiries. B. Every employee who becomes the subject of a disciplinary interview shall be advised, in writing, a minimum of 48 hours prior to the time of the interview that he/she is suspected of: 1. Committing a criminal offense; 2. Misconduct that would be grounds for termination, suspension, or demotion; and, 3. That he/she has the right to Association representation during the interview. 4. The general scope of the interview including the nature of the matter in sufficient detail to reasonably apprise the employee of the matter under investigation. C. Any employee who becomes the subject of a criminal investigation may have legal Counsel present during all interviews. Nothing in this agreement, however, shall be deemed a waiver of an employee's right to Union representation. A criminal investigation as used herein shall be interpreted as any action which could result in the filing of a criminal charge. D. In criminal matters, employees will either be ordered to answer questions or informed that they are not required to answer the employer's questions as a condition of employment. E. The employee shall be informed in writing as to whether he/she is a witness or suspect before any interview commences. 33 207 F. The disciplinary interview of any employee shall be at a reasonable hour, preferably during the normal workday of the employee, unless the exigencies of the interview dictate otherwise. This requirement shall not apply to pre -disciplinary hearings with the Chief. G. The employee or Employer may request that a disciplinary interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request, the employee in a disciplinary interview shall be provided an exact copy of any written statement he/she has signed and a copy of the officer's taped/transcribed (if made) interview. H. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all disciplinary interviews, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing, before being interviewed. Such opportunity to contact and consult privately with a private attorney shall not unduly delay the disciplinary interview. The employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities, meals, telephone calls and rest periods. The employee may be represented by either a private attorney or the Association during the interview, but not both. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to the employee's conduct or acts which may form the factual basis for disciplinary action under one (1) or more of the categories contained in Section 16.2.b.2 herein. J. The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. 34 208 K. No employee shall be required to unwillingly submit to a polygraph test. L. Should any section, sub -section, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. M. The investigation shall be completed in a reasonable amount of time in light of the circumstances and discipline shall be imposed within a reasonable amount of time after the conclusion of the investigation. ARTICLE 17 - MANAGEMENT RIGHTS SECTION 17.1 The Association recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities and powers of authority. SECTION 17.2 The Employer has the right to schedule overtime work as required in a manner most advantageous to the Department and consistent with requirements of municipal employment and the public safety. SECTION 17.3 It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described. SECTION 17.4 The Employer reserves the right to lay off personnel for lack of work or funds, or for the occurrence of conditions beyond the control of the Employer, or when such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedules of work and to establish the methods and processes by which such work is performed in accordance with Article 4 of this Agreement. SECTION 17.5 No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the 35 209 authority conferred on City officials as follows: A. Mayor. The authority and responsibility of the Mayor, as Chief Executive Officer of the City, to enforce the laws of the State and ordinances adopted by the City Council, to recommend an annual budget, or to direct the proper performance of all departments. B. Council. The authority and responsibility of the City Council to enact ordinances, to appropriate monies, and to determine employees' compensation. C. Commission. The authority and responsibility of the Civil Service Commission, as provided by State statutes or local ordinance, to establish rules, certify registers and to review appointments in the police service, subject to the applicable bargaining duty of the City and the terms of this Agreement. D. Police Chief. The authority and responsibility of the Chief of Police and his/her delegates, as bestowed by ordinance, State law, Civil Service and Departmental rules, and as provided for in this Agreement, to the following: 1. To recruit, assign, transfer, or promote members to positions within the Department. 2. To relieve members from duties because of lack of work or lack of funds. 3. To determine methods, means, and personnel necessary for departmental operations. 4. To control the departmental budget. 5. To take whatever temporary actions are necessary in emer- gencies in order to assure the proper functioning of the Department and the public safety. 36 210 ARTICLE 18 - GRIEVANCE PROCEDURE SECTION 18.1 Definition. A "grievance" means a claim or dispute by an employee (or the Association on behalf of an employee or employees or on its own behalf with regard to matters effecting the Association as an entity) with respect to the interpretation or application of the provisions of this Agreement. SECTION 18.2 Procedure: A. Step 1: An employee or the Association must present a grievance within fourteen (14) calendar days of its alleged occurrence to the employee's supervisor who shall attempt to resolve it within fourteen (14) calendar days after it is presented to the supervisor. B. Step 2: If either the employee or the Association is not satisfied with the solution by the supervisor, the grievance, stating the section of the agreement violated, the facts of the case as seen by the grieving party, and the remedy sought, may be presented in writing to the Police of Chief (with a copy to the Human Resources Director) within fourteen (14) calendar days after receipt of the supervisor's answer in step 1. The Chief of Police shall then attempt to resolve the grievance within fourteen (14) calendar days of its presentation. In the case of disciplinary actions, which are both appealable to the Civil Service Commission and grievable under the terms of this contract, a written election of remedies shall be made after receipt of the Step 2 response. An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the 37 211 contractual grievance procedure, but not both. If mutually agreed, time limits will be extended to complete a reasonable investigation before the election of remedies is made. Appeal for disciplinary actions shall bypass Step 3 below and proceed directly to the Civil Service Commission pursuant to the rules of the Commission or to arbitration as provided for in Step 4 of this agreement. C. Step 3: If the employee or the Association is not satisfied with the solution by the Chief of Police, the grievance, together with all other pertinent materials may be presented in writing to the Mayor or his/her designee by an Association representative within (14) calendar days after receipt of the Chief's answer in Step 2. The Mayor or his/her designee shall attempt to resolve the grievance within fourteen (14) calendar days after it has been presented to the Mayor. D. Step 4: Except as otherwise provided in this Article, if the grievance is not resolved in Step 3 the grievance may, within thirty (30) calendar days, be referred to arbitration by the Association. The City and the Association shall try to agree upon a mutually acceptable arbitrator. If the parties fail to agree, they shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service, with all arbitrators being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. The Arbitrator shall hold the hearing within 120 days of his/her appointment unless the parties mutually agree to extend the hearing date in writing. The Arbitrator shall decide the case based on the interpretation and application of the provisions of the agreement within thirty (30) days after such hearing. The decision shall be final and binding upon the parties to the grievance provided the decision does not involve action by the City, which is beyond its jurisdiction. 38 212 Each party hereto will pay the expenses of their own representatives (e.g. attorney's fees) and the expenses of the arbitrator will be borne equally by the parties hereto. Neither the arbitrator nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this agreement. SECTION 18.3 Timeliness. It is the intent of this grievance procedure that the parties will process grievances within the timeframes set forth herein. In the event the grievance is not processed in the timeframes stated, then the matter shall be considered resolved. If the City fails to comply with the timeframes herein, then the grievance will automatically advance to the next step. The timeframes may be extended by mutual written agreement of the parties. ARTICLE 19 - NO STRIKE SECTION 19.1 No Strike. During the life of this Agreement, neither the Association nor any officer, agent, or employee will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, or "sick-outs". SECTION 19.2 Association Official Responsibility. Each employee who holds the position of officer or Executive Board Member of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. In the event of a violation of Section 19.1 of this Article, the Association agrees to inform its members of their obligations under this Agreement, and to direct them to return to work. ARTICLE 20 - LEAVES SECTION 20.1 Discretionary Leaves. The City may, at its discretion, grant a leave of absence under this subsection except for illness, injury, or pregnancy, 39 213 to any bargaining unit employee for good and sufficient reason. The City shall, at its discretion, set the terms and conditions of the leave, including whether or not the leave is to be with pay. SECTION 20.2 Military Leave. Military leave shall be granted in accordance with applicable law. SECTION 20.3 Jury Leave. All employees covered by this Agreement who are required to report for jury duty shall sign their jury duty checks over to the City and shall be compensated at their regular rate of pay for each hour actually spent on jury duty. If an employee is released by the Court from jury duty on any given day, the employee shall immediately notify his/her supervisor for assignment to work. If, however, jury duty lasts eight hours or more, but less than a full shift, the employee shall not be required to report back to his/her regular assignment at the conclusion of Court for that day and shall be compensated at their regular rate of pay for the full shift. SECTION 20.4 Funeral Leave. An employee who has a member of his/her immediate family taken by death or who has been notified by a physician in attendance of imminent death may request to use up to eighty (80) hours of leave of absence with pay. Immediate family shall be defined as: spouse, mother, father, mother-in-law, father-in-law, children, brother, sister, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, and grandchildren. Employees will be eligible for Domestic Partner benefits in accordance with changes in City Policy. SECTION 20.5 Employment Elsewhere. A leave of absence will not be granted to enable an employee to try for or accept employment elsewhere or for self-employment without the expressed written consent of the Chief of Police. ARTICLE 21 - INDEMNIFICATION 214 40 SECTION 21.1 In accordance with RCW 4.96.041 and Section 2.16.020 of the City Municipal Code, the City shall indemnify, defend, and hold harmless any employee subject to claim or suit, including damages of a non -punitive nature, when the employee has in good faith purported to perform acts within the scope of the employee's performance of his/her official duties. Indemnity defense shall not be provided by the Employer for any suit, claim or action brought against the employee by, or on behalf of, the Employer. SECTION 21.2 In an Inquest arising out of the use of force, the employee shall have the right to legal representation by an attorney selected by the employee from the following list that has been agreed to by the Association and the City. If the employee elects to select his/her own representation, the City will pay for reasonable legal services provided that the employee has acted in good faith in the performance or purported failure of performance of his/her official duties and; provided further that the employee was not engaging in criminal misconduct. The attorney selected by the employee must have a high level of experience in representing law enforcement officers in the use of force. The City shall have a reasonable right to approve the choice of counsel in light of the requirements described herein; to review billings for such representation and approve all payments in writing. In the event outside counsel is retained by the employee and the employee is subsequently convicted of a crime or it is determined by a court of competent jurisdiction that the employee was not acting in good faith arising out of the facts giving rise to the Inquest, the City shall be entitled to recover attorney's fees and costs it has expended on the employee's behalf from the employee. The list of acceptable counsel for purposes of alternative defense of police officers in inquest proceedings: 1. Ted Buck Stafford, Frey, Cooper 4. Richard Jolly or Mark Bucklin Keating, Bucklin, & McCormack, Inc. 41 215 1301 Fifth Avenue Suite 2500 Seattle, WA 98101 (206) 623-9900 2. Hillary McClure, Vick, McClure or Derrick Isackson 5701 Sixth S Seattle, WA 98108 (206) 957-0926 3. David Allen Allen, Hansen & Maybrown 600 University St. #3020 Seattle, WA 98101 (206) 447-9681 800 Fifth Avenue Suite 4141 Seattle, WA 98104 (206) 623-8861 Julius, 5. Andrew Cooley or Stew Estes Keating, Bucklin, & McCormack, Inc. 800 Fifth Avenue Suite 4141 Seattle, WA 98104 (206) 623-8861 ARTICLE 22 - SAVINGS CLAUSE SECTION 22.1 Severability. If any article of this Agreement of any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutual satisfactory replacement of such article. SECTION 22.2 Prevailing authority. If any provisions of this Agreement are found by a court of competent jurisdiction to be in conflict with current Civil Service Rules and regulations, the letter shall prevail except in Association security provisions, in which case, the provisions of Article 18 shall prevail. The Employer agrees that in the event that any provision of Civil Service Rules and Regulations are suspended, abolished or modified, collective bargaining 42 216 shall proceed immediately with respect to any items that as a result of such change may come within the discretion of the Employer, and the results of such bargaining shall be made a part of this Agreement. ARTICLE 23 - ENTIRE AGREEMENT SECTION 23.1 The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and no oral statement shall add to or supersede any of its provisions. SECTION 23.2 The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the Employer and the Association, for the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 24 - SAFETY SECTION 24.1 The Association and City agree that the physical fitness of Association members is important to their health and safety. The City and the Association will both support and encourage employees to be physically active and to be involved in a personal program of regular exercise. ARTICLE 25 - DURATION OF AGREEMENT SECTION 25.1 Effective date and Duration. Unless otherwise provided herein, this Agreement shall become effective upon execution and shall remain in force until December 31, 2021. SECTION 25.2 Conflicts. When there is a conflict between any collective bargaining agreement reached by an employer and a bargaining repre- 43 217 sentative on an Association security provision and any charter, ordinance, rule or regulation adopted by the public employer or its agents, including but not limited to a civil service commission, the terms of the collective bargaining Agreement shall prevail. CITY OF TUKWILA TUKWILA POLICE SERGEANTS ASSOCIATION Allan Ekberg, Mayor Sergeant Dale Rock, Association President Date: Attest: Christy O'Flaherty, City Clerk 218 44 POLICE COMMISSIONED AGREEMENT TUKWILA POLICE SERGEANTS ASSOCIATION AND THE CITY OF TUKWILA APENDIX "A" — WAGE SCHEDULE 2019-2021 1. Effective January 1, 2019 base salaries for Police Sergeants shall receive a market adjustment of 1.5%. STEP CLASS 1 Sergeant 2 (Probation) $8,386 2 Sergeant 1 $8,713 2. Effective January 1, 2020 All members of the bargaining unit shall receive a cost of living adjustment equal to 100% of the Seattle -Tacoma -Bellevue CPI-W (June to June). 3. Effective January 1, 2021 All members of the bargaining unit shall receive a cost of living adjustment equal to 100% of the Seattle -Tacoma -Bellevue CPI-W (June to June). 45 219 220 TO: U III Allan Ekberg, Mayor ayor's Office - David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: May 15, 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. Intergovernmental Update • Forterra's Annual Breakfast: Mayor Ekberg, Councilmember Quinn and several city staff members attended Forterra's Annual Breakfast at the Washington Convention Center on April 30. • Northwest Regional Conference: City Administrator David Cline attended the Northwest Regional Managers Conference put on jointly by the Washington and Oregon City/County Management Associations in Hood River, Oregon May 1 - 3. • King County City Managers/Administrators Meeting: City Administrator David Cline attended the monthly King County City Managers/Administrators Meeting on May 8 where AWC Representatives and representatives from Renton and Seattle provided an overview of the 2019 Legislative Session, a presentation was made by the Northwest Women's Leadership Academy and Sound Cities Association provided an update. • State of Our Cities Luncheon: On May 10 Mayor Ekberg provided a brief presentation about the City of Tukwila's current endeavors in the annual State of our Cities luncheon sponsored by the Seattle Southside Chamber of Commerce. Council President Kathy Hougardy, City Administrator David Cline, and other city staff attended the luncheon. II. Community Events • Backyard Wildlife Festival: The Backyard Wildlife Festival was held on May 11. There were guest speakers, art projects, giant bubbles, music, and a variety of non-profit vendors and art/craft vendors. Attendees walked away with valuable information that will help them to develop backyard wildlife habitats that support and encourage wildlife, such as attracting birds, bees, bats and butterflies. Tukwila City Hall • 6200 Southcenter yard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 221 City Administrator's Report May 15,2019 Page 2 III. Staff Updates Public Safety • Bulldog Bullyproof Training Workshop: On May 2 School Resource Officer Joseph Tran, with assistance from Officer Mike Richardson and Police Records Specialist Lea Park, led the first ever Bulldog I3ullyproof Training. The purpose of the training was to provide students with basic nonviolent techniques to counter common assaultive behavior displayed by bullies or others seeking to do them harm. • Transient Camp Checks: Code Enforcement officers teamed up with Tukwila Police Community Policing Team officers to do a visual inspection of a section of the Interurban Trail between Strander Blvd and S 180th St. Staff identified several transient camps and rubbish/garbage dump sites and will relay this information to Puget Sound Energy for cleanup. Project Updates • 42nd Ave Phase III: Estimated Completion: June 2019 Staff is coordinating with CenturyLink to remove the last utility pole standing at the project site and working with ACI to see when they will be available to finish up the rest of the project work. • 53rd Ave S: Estimated Completion: June 2019 The asphalt paving work was 99% completed, except at the approach of the 53rd Avenue South and South 140th Street intersection, The construction contractor is currently raising utility structures to the road surface, installing street signs, installing fences, and working on the irrigation system. • S 140th Street/TIB Improvements: Estimated Completion: May 2019 Project is complete as of May 8, Westwater Construction completed this project under the original contract price and ahead of schedule. • Tukwila Village: o The City applied for the 2019 Governor's Smart Communities Award in the Category of Smart Partnerships, and we should learn the results in a few months. o Staff has provided a list of recommendations to the Tukwila Village property owner in order to address the lack of onsite parking. o Staff attended the Tukwila International Boulevard Action Committee meeting on May 12 and provided a status update on the Tukwila Village Community Development Association (TVCDA). • HealthPoint Health and Wellness Center: In the recently approved budget, the Washington State Legislature included $1 million for the Health and Wellness Center that HealthPoint is planning for Tukwila. Phone: 206-433-1800 • E ayor Tukvvi a A.gov • Website: TukwilaWA.gov 222 City Administrator's Report May 15, 2019 Page 3 Boards and Commissions • Arts Commission: Vacant Position: Position #7 Resident. • Civil Service Commission: No vacancies. • COPCAB: Vacant Position: Student Representative. • Equity & Social Justice Commission: Vacant Positions: Position #7 Resident & 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: Vacant Position: Position #7 Funded by Tax. Park Commission: Vacant Positions: Position #4 Resident & Student Representative. • Planning Commission: No vacancies. IV. Responses to Council/Citizen Inquiries Date of Inquiry Inquiry Response May 6, 2019 Councilmember Seal asked The property is privately owned by Costco and who is responsible for trash Home Depot, but the City has an easement for removal on the berm both the trail and the levee. The trail is between Costco/Home maintained by the Parks Department and the Depot and the river. levee is maintained by the King County Flood Control District, although they do not remove trash. Trash left by trail users should be removed by the Parks Department. Trash that is from the businesses should be removed by the businesses. Code Enforcement has been working closely with Home Depot to take care of the trash and graffiti. May 13, 2019 Councilmember Seal asked Seattle City Light typically contacts the affected if Seattle City Light is customers by mail, door hangers or knocking on required to notify residents doors notifying them of any planned repairs that when they are working on will result in a power outage. If the work is poles and turn off electricity. unplanned or an emergency notice is not provided but customers can get updates from the online outage map or call 1-888-225-5773. Phone: 206-43 -1800 • Email: Mayor@TukwilaWA.gov • Website: Tukwil A.gov 223 224 May 13, 2019 TO: Tukwila City Council FROM: Steve Goldblatt PMQA Consultant RE: Public Safety Plan May update Fire Station 51 construction preparation has begun. Station 52's design development phase is underway. Justice Center sitework is underway. Programming and master planning of the consolidated shops facilities continues. Boldfaced entries below are updated from last month's report. FIRE STATIONS Site acquisition The City owns the property planned for deferred Fire Station 54, and its use or disposi- tion will be a future Council decision. Lydig demolished the property's structures. De- ferred Station 54 lot consolidation is underway. Station 51 construction Lydig's MACC (Maximum Allowable Construction Cost) amendment was approved by Council 25 March. The new Council -approved budget is $14.8 million. Lydig is mobi- lized onsite and beginning construction preparation activities. Starting early in June, Council will receive monthly construction reports with progress photos. Station 52 design development and pre -construction services Weinstein AU's design development for Station 52 is underway. Drive -through Station 52's Council -approved budget is $19.26 million. Lydig's schematic design estimate — including the administrative tenant improvements as an alternate —will be presented to Public Safety 20 May and COW 28 May. Council can expect budget growth for Sta tion 52. Council can anticipate a mini-MACC contract amendment request by early July to begin earthwork and site utilities timely this summer. The full MACC amendment will follow in the fall to approve the start of Station 52 general construction. The City has agreed to a timely permitting schedule. Station 54 assessment Last June, Council asked for an estimate to make life safety improvements to existing Station 54. Staff presented four potential options —with very rough order of magnitude cost estimates —to Public Safety 5 November; see Rachel Bianchi's 30 October memo for details. Committee consensus was to revisit the options after Station 51 and Justice Center construction costs firm up. The Committee agreed that the existing station needs modest maintenance and repairs for the health of firefighters there. City staff is compiling costs for presentation to Public Safety late spring/early summer. 225 FIRE STATIONS continued Stations' budget Including Station 51's budget growth and Station 54's substantially reduced scope, the stations' overall Council -approved budget is 535.6 million. Station 52's budget will fur- ther increase that amount. • Disadvantaged Business Enterprise and local hiring policies The Council unanimously passed Resolution 1929 last April, adopting DBE and local hiring policies for the Plan's projects. The DBE goal is 17% and the local hiring goal is 20%, complementing the City's 10% apprenticeship requirement of Resolution 1814. The first metrics that the Council sees can be expected midyear. Lydig—and BNBuild- ers for the Justice Center —have been doing extensive outreach efforts with the DBE community in this very competitive market. No DBE firms bid on Fire Station 51 trade packages. Lydig intends to award some DBE firms work under its negotiated support services. Council is receiving monthly updates. JUSTICE CENTER • Property acquisition Lot consolidation is completed, and the property is recorded with King County. Permitting The building permit was issued in April. • Full MACC and construction BNB's mini-MACC amendment was approved by Council 25 March. The new Council - approved budget is $66.9 million. The full MACC amendment to authorize the overall scope of work will be presented to Public Safety 20 May and COW 28 May for possi- ble Council approval 3 June. Having completed abatement and demolition, BNB is performing underground utility work. Starting early in June, Council will receive monthly construction reports with progress photos. CONSOLIDATED SHOPS • Property acquisition The City has agreements with all three property owners. Lot consolidation on two properties is underway. Ownership of the third property will transfer in 4+ years. • Programming and master planning services Having worked closely with Public Works staff, SHKS is incorporating their feed- back to two test -fit master plan options. Council can expect a master plan and phas- ing proposal to be ready for Public Safety and COW in June. PMQA update May 13, 2019 page 2 226 CONSOLIDATED SHOPS continued Renovation contracting The project team is reviewing contracting options for an initial scope of renova- tion work on existing facilities. OTHER RESOURCES Professional services The project teams have been working through procurement of additional consultant resources for the Fire Stations and Justice Center. Most recently, Council approved Steve Amento's project neutral services contract for the Fire Stations and Justice Center at a special meeting 22 April. PROG 11 A M SCHEDULE Tight schedule The overall schedule remains very ambitious. With so many activities under way, there is little room for any missteps to meet the Plan's revised milestones. Fire Station 51 and Justice Center construction are beginning. Fire Station 52 is on a tight schedule to begin its extensive earthwork this summer. PROG' M BUDGET Market conditions All program element budgets are sensitive to tight construction market conditions. These external budget pressures will manifest themselves as Fire Station 52 and future consolidated shops project estimates are refined. LEGEND Meeting target Proceeding as planned. Caution advised Steps needed to meet target. Correction needed Steps needed to attempt recovery, Not meeting target No recovery plan in place. PMQA update May 13, 2019 page 3 227 228 Upcoming Meetings and Events May 2019 20th (MONDAY) 21" (TUESDAY) 22thi (WEDNESDAY) 23rd (THURSDAY) 24th (FRIDAY) 25th (SATURDAY) . Public Safety Committee 5:30 PM Conference Room . City Council Regular Meeting 7:00 PM Council Chambers . Transportation & Infrastructure Committee 5:30 PM Hazelnut Conference Room . Arts Commiesion CANCELLED p Planning Commission 6:30 PM Council Chambers °Ir '''''f ,., , MAL 61.1f VHazelnut Actni ),il:nitttl,e ° :1 Trash Pick -Up Day For more information, call Sharon Mann at 206-200-3616. 27th (MONDAY) 28th (TUESDAY) 29th (WEDNESDAY) 30th (THURSDAY) 31" (FRIDAY) 1" (SATURDAY) * * * * * MEMORIAL DAY '.. Finance Committee 5:30 PM Hazelnut Conference Room . City Council Committee of the Whole 700 PM Council Chambers « Cmmuwity . gtthorhoods . CANCELLED AFFOR A A special short course on Affordable Housing. 530 PM - 8:30 pm Council Chambers Join the City Council and Planning Commission for a presentation by Washington State Department of Commerce. For more information, visit https://www.tukwilawa.gov /wp-content/uploads/gms- sc-tukwaa-agenda.pdf .....,...._ ......_... REMEMBER & HONOR * * City offices and Community Center closed, . . , * ,s •00,*.,,q5,* le en, 10:00 AM - 8:00 PM Daily May 27 — Sep 2 (weather permitting) Community Center Free lunches served Monday — Friday 11:00 AM - 12:00 PM Arts Commission: 4th Wed., 600 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conference Room. Contact Michelle Godyn at 206-431-2187. Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. COPCAB (Community Oriented Policing Citizens Advisory 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 Conference Room. Contact Niesha Fort -Brooks at 206-454-7564. Finance Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conference Room, Contact Laurel Humphrey at 206-433-8993. Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342. Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. Planning Commission/Board of Architectural Review: 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 Conference Room. Contact Laurel Humphrey at 206-433-8993. (2A.1) Amendment #5 to Contract #18-049 with BNBuilders for total MACC (Maximum Allowable Construction Cost) for the Justice Center. (2B.2) Update on the schematic design estimate for Fire Station 52. (2B) Amendment #4 to Contract #17-068 with Weinstein AU for Public Safety Plan: Fire Station 52. Transportation and Infrastructure Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conference Room, Contact Laurel Humphrey at 206-433-8993. (2A) King County funding agreement for the South 180th Street bridge flood wall extension as part of the 2018 Small Annual Small Drainage Program. (2B) Consultant selection and agreement for West Valley Highway (1-405 — Strander Boulevard). (2C) Waste Management contract extension for solid waste collection. (2D) Ordinance amending solid waste utility tax rate and recycling rate surcharge for commercial only. (2E) WA State Department of Transportation Regional Mobility Grant Program Award 2019-2021. Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Louise Jones -Brown at 206-244-4478. Tukwila International Boulevard Action Committee: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Bruce Linton at 206-433-1815, 229 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 -' c.o.w. MEETING 3 - REGULAR MEETING 4 - C O . May 6 13 20 See agenda packet cover sheet for this week's agenda: May 20, 2019 Regular Meeting 28 (Tuesday) Special Presentation: Police Department Life Saving Awards June 3 Proclamation: 10 Public Hearing: 17 Unfinished Business: 24 A proclamation recognizing June as "Pride Month" in Tukwila. Unfinished Business: An ordinance for zoning code amendment for Tukwila South. An ordinance for zoning code amendment for Tukwila South. An ordinance renewing Moratorium within the Tukwila International Boulevard Study Area. 230