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COW 2019-11-25 COMPLETE AGENDA PACKET
Tukwila City Council Agenda • ❖ COMMITTEE OF THE WHOLE ❖ Allan Ekberg, Mayor Counci/members: •:• Dennis Robertson ❖ Verna Seal David Cline, City Administrator ❖ De'Sean Quinn ❖ Kate Kruller Kathy Hougardy, Council President ❖ Thomas McLeod ❖ Zak Idan Monday, November 25, 2019; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. PUBLIC At this time, you are invited to comment on items not included on this agenda COMMENTS (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.) 3. PUBLIC a. An ordinance renewing a six-month moratorium within the Tukwila Pg.1 HEARINGS International Boulevard Study area in the City of Tukwila on the development of certain uses such as hotels, motels, extended stay facilities or auto -oriented uses. b. An ordinance amending the 2019-2020 biennial budget. Pg.17 4. SPECIAL ISSUES a. An ordinance renewing a six-month moratorium within the Tukwila Pg.1 International Boulevard Study area in the City of Tukwila on the development of certain uses such as hotels, motels, extended stay facilities or auto -oriented uses. b. An ordinance amending the 2019-2020 biennial budget. Pg.17 c. A resolution adopting the 2020 Legislative Agenda. Pg.39 d. A resolution adopting a Title VI Program. Pg.49 e. A resolution adopting a Master License Agreement for small cell Pg.65 wireless facilities. f. A resolution allowing for an administrative variance to allow wet- Pg.111 floodproofing of improvements to the Starfire Athletic Center. g. Amendment No. 2 to contract with SHKS Architects for the Public Pg.123 Safety Plan — Public Works Shops facility —Phase 1. h. An ordinance on concurrency standards and transportation impact Pg.159 fees (Tukwila Municipal Code Chapter 9.48). 5. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 6. MISCELLANEOUS 7. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk(&TukwilaWA.00v). This agenda is available at www.tukwilawa.00v, and in alternate formats with advance notice for those with disabilities. IL Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov) 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 on 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: 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 1 st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS ----------------------------------Initials Meelit�g Date Prepared by Mayo 'r review Council review 11/25/19 LM 12/02/19 LM ITEM INFORMATION ITEMNO. 3.A. & 4.A. STAFFSPONSOR: LYNN MIRANDA IORIGINA].AGENll,\ D:vi'i.": 11/25/19 AGENDA I1'EM TITI.i. An ordinance renewing the moratorium on certain uses in the Tukwila International Boulevard (TIB) study area. CATEGORY ® Disci s ion Aftg Date 11125119 ❑ Motion Mtg Date ❑ Resolution �lltg Date ® Ordinance Mtg Date IZ/02/19 ❑ Bid Award 1ltg Date ® Public Hearing Rltg Date 11/25/19 ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑I TR ®DCD El Finance ❑Fire ❑T.S ❑P&R ❑Police ❑PIV ❑Court SPONSOWS A moratorium is in place to prevent the development of auto -oriented uses and hotels and SUMMAIZY motels in the TIB neighborhood while planning efforts are underway. This moratorium expires January 9, 2020. The planning effort is not yet completed and a renewal of the moratorium is needed. A public hearing is proposed for 11/25/19 to take public testimony, with a recommendation of adoption on 12/02/19. Rli\'IE\VF'D BY ❑ C.O.W. Mtg. ® CDN Comm ❑ Finance Comm. ❑ Public Safetv Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/13/19 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMrM"I" Unanimous Approval; Forward to C.O.W. COST IMPACT / FUND SOURCE E�Ph:NI�1"1'URI? RE(>UIRI?ll AMOUNT BUDGETED APPROPRIATION REQUIRED $ $0 $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 7/17/17 Passed Ordinance 2543 enacting the 6 month moratorium 9/5/17 Held a public hearing 1/16/18 Held a hearing 1/8/18; Passed Ordinance 2565 renewing the 6 month moratorium 7/2/18 Held a hearing on 6/25/18; Passed Ordinance 2579 renewing the 6 month moratorium 11/25/19 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/25/19 Informational Memorandum dated November 5, 2019 Draft Ordinance renewing Moratorium, with Exhibits Minutes from the 11/13 CDN Committee meeting 12/2/19 Final Ordinance 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM To: Tukwila City Council From: Jack Pace, Director Community Development By: Lynn Miranda and Max Baker, Senior Planners Copy: Mayor Ekberg Date: November 5, 2019 Subject: Tukwila International Boulevard (TIB) Study Area Moratorium Renewal Issue The existing six-month moratorium on development in the TIB study area expires on January 9, 2020 and should be renewed. Without a moratorium, development and redevelopment in the TIB study area may occur that is contrary to the Comprehensive Plan's vision and preliminary recommendations from the Congress for New Urbanism (CNU) TIB Rising workshop. The City is in the process of updating the land use regulations for the TIB area and identifying potential on -street parking alternatives for TIB. Background The City kicked off its implementation of the TIB District Element of the Comprehensive Plan with the TIB Rising/Congress for New Urbanism (CNU) community workshop in February 2017. The workshop resulted in a CNU final report that recommends revisions to permitted uses, building placement and heights, and a revised cross-section for TIB. Those preliminary recommendations are currently being analyzed by staff and incorporated into draft public review and implementation documents. Discussion 1. Current Zoning Code regulations were adopted prior to the 2015 update of the Comprehensive Plan and prior to a regional location decision to place a transit facility within the neighborhood. Development or redevelopment pursuant to currently adopted standards could potentially be inconsistent with the community's vision for a denser and more walkable neighborhood and for streetscapes with active building facades. 2. Part of the reconfiguration of the neighborhood includes making complementary changes to street design, which means reconfiguring Tukwila International Boulevard with on -street parking and bicycle facilities. Understanding the vehicular traffic impacts and costs of the changes are critical, and the land use decisions are dependent on those choices. This work is currently underway. 3. Due to serious crime within the TIB area, the Federal Government seized three motels in the study area and the City subsequently purchased and demolished them to reduce crime and improve public safety. A six-month moratorium on the types of uses that are inconsistent with the adopted goals and polices for TIB was adopted on July 17, 2017. A public hearing was held on September 5, 2017, and the Council heard from one resident who asked questions about existing uses and property sales. The Council reaffirmed the findings of fact from the Ordinance. Uses affected by the 3 INFORMATIONAL MEMO Page 2 moratorium include hotels, motels, extend -stay facilities, and auto -oriented commercial uses including but not limited to gas stations; battery, tire, engine body repair shops; vehicular sales or rentals; and commercial parking. The planning process for the TIB neighborhood is not yet complete, although progress has been made on drafting revisions to development standards and analyzing potential impacts from retrofitting the Boulevard. A complete chronology and work accomplished to date is presented in the 2017-2020 TIB Workprogram attached to the draft TIB moratorium ordinance following this memo. The more significant tasks that must still be completed include the following: • Public Works' analysis of the cost of on -street parking on TIB and potential mitigation measures • Council decision on implementing on -street parking on TIB • Revisions to the zoning code • Preparation of a new Design Manual for the TIB area • Preparing an Environmental Checklist (SEPA) • Community Outreach • Planning Commission hearing and recommendation on zoning code changes • Council hearing and recommendation on zoning code changes Extending the moratorium allows the City time to develop the regulations to carry out the vision for the TIB study area, including making a decision on implementing on -street parking and bicycle facilities on TIB. Financial Impact Potential for delayed development, development that doesn't occur, and the loss of permitting fees and taxes. Recommendation To prevent development that is not in keeping with the City's 2015 adopted Comprehensive Plan vision and CNU recommendations, to protect public safety, and to allow full discussion of the relationship between street design and land use regulations appropriate to the goals and policies for the TIB study area, staff recommends holding a public hearing on the attached draft moratorium at the COW meeting on November 25, 2019 with a decision on adopting the moratorium at the Regular Council meeting on December 2, 2019. Attachment A. Draft moratorium 11 3 C._-j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX-MONTH MORATORIUM WITHIN THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA IN THE CITY OF TUKWILA ON THE DEVELOPMENT OF CERTAIN USES SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR AUTO -ORIENTED USES; SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM RENEWAL; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance with the Growth Management Act; and WHEREAS, the City of Tukwila is currently updating its Zoning Code to comply with its adopted Comprehensive Plan; and WHEREAS, the Tukwila International Boulevard ("TIB") Study Area, shown on Exhibit A, is a neighborhood that orients towards TIB, and comprises goods and services as well as higher density housing; and the Study Area is generally bounded by 42nd Avenue South on the east; South 160th Street on the south; International Boulevard, Military Road, and a stepped edge that follows the boundary of the multi- family zoning districts up to the Mixed Use Office District at approximately South 133rd Street on the north; and WHEREAS, within the existing Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zoning districts there are certain uses that in the future may not be allowed or may be allowed with conditions; and WHEREAS, the owners and operators of three crime -infested motels pleaded guilty to conspiracy to maintain drug involved premises, and when the three motels and an adjacent motel within the TIB Study Area were closed, the violent crime rate in the Study Area was cut nearly in half; and WHEREAS, the City of Tukwila finds that hotels, motels, and extended -stay hotels and motels (hereafter, collectively referred to as "extended -stay facilities") in the TIB Study Area generate higher than typical rates of crime; and W: Legislative Development\Moratorium renewed in TO study area 10-25-19 LM:bjs Review and analysis by Barbara Saxton Page 1 of 5 5 WHEREAS, the City of Tukwila spent millions of dollars acquiring the three government surplus motel properties and purchasing an adjacent fourth motel site and razed the operations to better serve the public health and safety in the TIB Study Area; and WHEREAS, the Comprehensive Plan goals and policies for the TIB Study Area are to create a pedestrian oriented, walkable destination, and auto -oriented services, uses and developments are not in keeping with those goals and policies; and WHEREAS, the City of Tukwila is in the process of updating its land use regulations to comply with the goals and policies of its adopted Comprehensive Plan for the TIB Study Area and has budgeted for a Work Program, shown on Exhibit B, to address the changes that will bring consistency between the City's Comprehensive Plan and Zoning Code; and WHEREAS, the City of Tukwila conducted a three-day workshop in February 2017 on the future improvements and land use regulations for the TIB Study Area and preliminarily determined hotels; motels; extended -stay facilities; and auto -oriented commercial uses, including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive- throughs, should be regulated differently than currently regulated; and WHEREAS, the City desires to ensure the public has many opportunities to provide input on this matter; and WHEREAS, on July 17, 2017, the Tukwila City Council adopted Ordinance No. 2543, which declared an emergency necessitating the immediate imposition of a 6- month moratorium prohibiting within the NCC and RC zoning districts of the TIB Study Area in the City of Tukwila the development, expansion, intensification or establishment of any new hotel, motel, extended -stay facility, and auto -oriented commercial uses including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive-throughs; and WHEREAS, on September 5, 2017, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and WHEREAS, the moratorium on the development of certain types of new or expanded land uses was set to expire on January 16, 2018, and the neighborhood planning process was not yet completed; and WHEREAS, on January 8, 2018, the Tukwila City Council held a public hearing on an ordinance renewing the six-month moratorium on certain types of new or expanded land uses and on January 16, 2018 adopted Ordinance No. 2565; and WHEREAS, the moratorium on the development of certain types of new or expanded land uses was set to expire on July 15, 2018, and the neighborhood planning process was not yet completed; and W: Legislative Development\Moratorium renewed in TIB study area 10-25-19 LM:bjs Review and analysis by Barbara Saxton 0 Page 2 of 5 WHEREAS, on June 25, 2018, the Tukwila City Council held a public hearing on an ordinance renewing the six-month moratorium on certain types of new or expanded land uses and on July 2, 2018 adopted Ordinance No. 2579; and WHEREAS, the moratorium on the development of certain types of new or expanded land uses was set to expire on January 10, 2019, and the neighborhood planning process was not yet completed; and WHEREAS, clarification was added regarding business license renewals; and WHEREAS, on November 26, 2018, the Tukwila City Council held a public hearing on an ordinance renewing the six-month moratorium on certain types of new or expanded land uses, and clarification regarding business license renewals was added, and on December 3, 2018 the Council adopted Ordinance No. 2595; and WHEREAS, the moratorium on the development of certain types of new or expanded land uses was set to expire on July 9, 2019, and the neighborhood planning process is not yet completed; and WHEREAS, on May 28, 2019, the Tukwila City Council held a public hearing on an ordinance renewing the six-month moratorium on certain types of new or expanded land uses and on June 3, 2019 adopted Ordinance No. 2606; and WHEREAS, the moratorium on the development of certain types of new or expanded land uses is set to expire on January 9, 2020, and the neighborhood planning process is not yet completed; and WHEREAS, a public hearing on this proposed ordinance was held on November 25, 2019; and WHEREAS, the City desires to preserve the status quo for the protection of the health, safety and welfare of City residents, as it relates to development in Tukwila, until these matters are more fully considered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The recitals and findings set forth above are hereby adopted as the City Council's findings in support of the moratorium renewal imposed by this ordinance. Section 2. Moratorium Renewed. Pursuant to the provisions of Article 11, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the City of Tukwila hereby renews a moratorium prohibiting within the NCC and RC zoning districts of the Tukwila International Boulevard ("TIB") Study Area in the City of Tukwila the development, expansion, intensification or establishment of any new hotel; motel; extended -stay facility; or auto -oriented commercial uses including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive-throughs. No land use approval, building permit, construction permit, or other development permit or approval shall be issued for any of the uses listed above while this moratorium is in effect. W: Legislative Development\Moratorium renewed in TIB study area 10-25-19 LM:bjs Review and analysis by Barbara Saxton Page 3 of 5 // Nothing in this moratorium shall prevent an existing business from renewing their business license. Any land use approval, development permits or other permits for any of these operations that are issued as a result of error or by use of vague or deceptive descriptions during the moratorium are null and void and without legal force or effect. Section 3. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Hotel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. Hotel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Hotels shall not include dwelling units for permanent occupancy. A central kitchen, dining room and accessory shops and services catering to the general public can be provided. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. B. "Motel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels shall not include dwelling units for permanent occupancy. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. C. "Extended -stay hotel or motel" means a building or buildings or portion thereof, the units of which contain independent provisions for living, eating and sanitation including, but not limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in each unit, and are specifically constructed, kept, used, maintained, advertised and held out to the public to be a place where temporary residence is offered for pay to persons for a minimum stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or motels shall not include dwelling units for permanent occupancy. The specified units for extended -stay must conform to the required features, building code, and fire code provisions for dwelling units as set forth in the Tukwila Municipal Code. Nothing in this definition prevents an extended -stay unit from being used as a hotel or motel unit. Extended -stay hotels or motels shall be required to meet the hotel/motel parking requirements. Not included are institutions housing persons under legal restraint or requiring medical attention or care. D. "Auto -oriented commercial uses" means the use of a site for primarily the servicing, repair, rental, sales or storage of vehicles, or the servicing of people while in their vehicles such as restaurant drive-throughs. Typical uses include, but are not limited to, gas stations; battery, tire, engine body repair shops; vehicular sales or rentals lots; and commercial parking. W: Legislative Development\Moratorium renewed in TIB study area 10-25-19 LM:bjs Review and analysis by Barbara Saxton i Page 4 of 5 Section 4. Effective Period for Moratorium Renewal. The moratorium renewed herein shall be in effect for a period of 6 months from the effective date specified within this ordinance and shall automatically expire at the conclusion of that 6-month period unless the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated sooner by the City Council. Section 5. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, and following adequate public notice, a public hearing was held on November 25, 2019, to take public testimony regarding the City's moratorium. Section 6. Work Program. The Director of Community Development is hereby authorized and directed to address issues related to appropriate zoning regulations within the TIB Study Area of hotels, motels, extended -stay facilities, and auto -oriented commercial uses in the Tukwila Municipal Code. Section 7. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 9. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force January 9, 2020. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2019. ATTEST/AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — Map of Tukwila International Boulevard (TIB) Study Area Exhibit B —Tukwila International Boulevard (TIB) Neighborhood Plan 2017-2020 Work Program W: Legislative Development\Moratorium renewed in TIB study area 10-25-19 LM:bjs Review and analysis by Barbara Saxton Page 5 of 5 9 10 Exhibit A Tukwila International Boulevard (TIB) study area 11 12 Tukwila International Boulevard (TIB) Neighborhood Plan 2017 - 2020 Work Program Work completed — 2017 CNU Legacy Workshop in Tukwila — February. CNU Final Report Presentation to City Council Meeting — May. Refined household and employment Yr. 2031 forecasts for TIB neighborhood for traffic analysis on the street modification. Selected a consultant for the SEPA analysis of the proposed TIB Plan. Contracted for additional transportation professional services on design standards for TIB neighborhood street standards. Reviewed draft Land Use Chart and Zoning Map amendments with Planning Commission — August 24, 2017. Briefed TIBAC on above draft amendments — October 10, 2017. Briefed Transportation and Infrastructure Committee (11/14/17) on traffic analysis and associated capital improvement costs and obtained direction for additional analysis. Reviewed consultant's draft street circulation improvements. Contracted for an update to the Tukwila International Boulevard Design Manual. Work completed — 2018 Contracted for additional engineering services analyzing TIB on -street parking impacts and cost. Began creation and modification of alternative Zoning District boundaries and zoning standards based upon Planning Commission land use discussion, street designations and designs. Drafted new street cross -sections for TIB streets and a new circulation network based on CNU engineering consultant recommendations and anticipated land uses. Council extended moratorium on certain uses in the TIB study area. Updated Council on current direction and schedule for implementing TIB zoning changes and possible TIB on -street parking options. Recommended further analysis of TIB on -street parking options. Consultants delivered draft TIB zoning code revisions to staff. Circulate draft zoning revisions for internal review. Page 1 of 2 13 Tukwila International Boulevard (TIB) Neighborhood Plan 2017 — 2020 Work Program Work program — 2019 • Contracted for additional TIB on -street parking analysis and mitigation options. Consultants delivered a draft update of the TIB Design Manual to staff. Council renewed moratorium on certain uses in the TIB study area in July. • Planning Commission and City Council Field Trip to view on -street parking options — July 10th. Consultants delivered draft analysis of on -street parking options and mitigation, including costs, to DCD and PW staff. Staff completed review and suggested edits. • DCD and PW staff prepare memo for City Council summarizing TIB on -street parking options, mitigation, cost, and an evaluation of how well each alternative achieves community goals for TIB. • Council considers additional 6-month extension of moratorium on certain uses in the TIB study area. Work program — 2020 • Bring additional TIB analysis memo back to Transportation and Infrastructure Committee and Community Development and Neighborhoods Committee. • Council decision on TIB on -street parking and bike lane. • Draft Environmental Checklist (SEPA). • Issue SEPA Determination. • Finalize draft TIB review Zoning Code and Design Manual changes for public review. • Outreach to property owners, residents and development community. • City Council/Planning Commission joint work sessions. Planning Commission and City Council public hearings and deliberation on TIB zoning changes and map amendments. Products Comprehensive Plan Map Amendment. • Zoning Code and Map Amendments. TIB Design Manual. • Environmental Checklist and Determination Page 2 of 2 14 City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes November 13, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Holl Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Kathy Hougardy Staff: David Cline, Joseph Todd, Jack Pace, Rick Still, Lynn Miranda, Max Baker, Joel Bush, Minnie Dhaliwal, Stacy Hansen, Eric Compton, Laurel Humphrey Guests: Gregg Busch, AT&T; Kari Marino, Verizon Wireless CALL TO ORDER: Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Resolution: Hearing Examiner Appointment Staff is seeking Council approval of a resolution that would appoint Sound Law Center, LLC. As the City's Hearing Examiner to preside over hearings related to land use, code enforcement, police forfeitures, and other matters. The accompanying agreement is for a period ending July 1, 2022 and for an hourly rate of $175. Hearing Examiner costs are covered either as permit application fees or a pass through to the applicant. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 18, 2019 REGULAR CONSENT AGENDA. B. 2019 King County Minor Home Repair Program Staff is seeking Council approval for the Mayor to sign a contract with King County for $110,000 in Community Development Block Grant funds for the 2019 Minor Home Repair Program. This program is administered by the Office of Human Services and provides home repair services to low and moderate income homeowners. Tukwila serves as the fiscal agent for the contract which also includes Des Moines, Covington and SeaTac. Staff distributed a corrected version of the contract. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 18, 2019 REGULAR CONSENT AGENDA. C. Ordinance: Moratorium within Tukwila International Boulevard Studv Area Staff is seeking Council approval to renew the existing moratorium in the Tukwila International Boulevard study area which is set to expire on January 10, 2020. Doing so will allow maintenance of the land use status quo until the City completes its review and adoption of zoning code changes that will reflect the Comprehensive Plan's vision and recommendations from the Congress for New Urbanism. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. 15 16 COUNCIL AGENDA SYNOPSIS Initials Aleeling Date Prepared by Mayor's rei en, Council recVew 11/25/19 Vick 12/02/19 Vick ITEM INFORMATION ITEM NO. 3.B. & 4.B. STAFF SPONSOR: VICKY CARLSEN ORIGINAI,AGI3N1llA DA'fE: 11/25/19 AGENDA I'1'F;\1 Trrl,i�; Adopt 2019 - 2020 Mid -Biennium Budget Amendments CATEGORY ❑ Discussion Mtg Date ® Motion A7tg Date I212119 ® Resolution Wt Date 11/25/19 ❑ Ordinance A1tg Date ❑ Bid-Axard Alta Date ® Public Hearing A4tg Dade 11/25/19 ❑Other Altg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ®Finance ❑Fire 07S 01'c�R El Police OPT" ❑Court SPONSOWS The Council is being asked to review and approve an ordinance amending the 2019-2020 SUM1N1;lltY biennial budget. Ri;viI WFD BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/ 12/ 19 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONsoR/ADN11N• Finance Department CONIN,H r.E Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDPI'URIF, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/25/19 Forward to Regular Meeting 12/2/19 MTG. DATE ATTACHMENTS 11/25/19 Informational Memorandum dated November 6, 2019 Draft Ordinance Proposed Budget Changes — Summary by Fund Reconciliation of 2019 - 2020 Budget Summary to Ordinance Minutes from the 11/12 Finance Committee meeting 12/2/19 Final Ordinance 17 iu City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Vicky Carlsen, Finance Director BY: Jeff Friend, Fiscal Manager CC: Mayor Ekberg DATE: November 6, 2019 SUBJECT: 2019 — 2020 budget amendment ordinance ISSUE Approve the administrative 2019-2020 mid -biennium budget amendments. BACKGROUND While amending the budget is only required when a fund, in total, is in danger of exceeding budget, it is a best practice to adjust the budget to keep departments in the general fund from exceeding budget as authorized through the biennial budget process. The reserve fund balance policy is met, and exceeded, in both 2019 and 2020, after all amendments have been approved. Many of the proposed budget amendments have been reviewed and approved by Council Committee and/or Council process as noted below in the discussion. The proposed budget amendments make the following types of modification to the current biennium: • Housekeeping amendments such as adjusting budgeted beginning fund balance to actual beginning fund balance, • Adjustments specific to the Public Safety Plan, • Reflect additional revenue -backed projects/expenditures, • Providing budget for the unanticipated events that are not revenue -backed (snow event), and • Adjust 2019 budget for the Fire Department to true up budget to reflect current level of service. All budget amendments are detailed below with explanations provided for each amendment as well as the effect on ending fund balance. Budget amendments are summarized by fund in the tables attached to this memo. DISCUSSION General Fund Adjust Beginning Fund Balance A beginning fund balance adjustment of $1,470,276 to bring the budgeted beginning fund balance in line with the actual beginning fund balance. Fiscal year 2018 ended the year with a fund balance of $14.1 million, which exceeds the fund balance policy by $2.5 million. 19 INFORMATIONAL MEMO Page 2 Amendments by Department Dept. Footnote Description of Proposed Amendment 2019 2020 Revenue E-penditure Revenue Expenditure Council 8 Healthcare increase from 5% to 8% per new actuary report 1,747 Council Total $ $ $ $ 1,747 Mayor Economic Demlo ment 1 Economic development grant Port of Seattle 19,800 19,800 Mayor Arts Commission Artist Workshop for Teens grant 2,000 2,000 Mayor 8 Healthcare increase from 5% to 8% per new actuary report 8,216 Mayor Total $ 21,800 $ 21,800 $ $ 8,216 Administrative Services 8 Healthcare increase from 5% to 8% per new actuary report 2,004 Administrative Services Total $ $ $ $ 2,004 Finance 8 Healthcare increase from 5% to 8% per new actuary report 6,076 Finance Total $ $ $ $ 6,076 Recreation Green Tukwila grant 46,000 46,000 Recreation 10-Minute Walk grant 36,400 36,400 Recreation Play and Learn grant 15,225 15,225 Recreation Thunderbirds Youth Sports/KingSports/King County Youth Sports grant 7,000 7,000 Recreation UW King County Sack Lunch/Waste Mgmt. -Youth Summer Camp grant 3,425 3,425 Recreation Carry over - King County Youth Sports grant. Funds received in 2018, ex enditures in 2019 4,000 Recreation King County contract for senior needs assessment grant 90,000 90,000 Recreation 8 Healthcare increase from 5% to 8% per new actuary report 9,024 Recreation Total $ 108,050 $ 112,050 $ 90,000 $ 99,024 Community Development Increased development activity 202,030 202,030 Community Development TDM grant 58,551 58,551 Community Development Additional abatement projects 10,000 10,000 Community Development 8 Healthcare increase from 5% to 8% per new actuary report 10,935 Community Development Total $ 270,581 $ 270,581 $ $ 10,935 Court 8 Healthcare increase from 5% to 8% per new actuary report 4,783 Court Total $ $ $ $ 4,783 Police Andover Park East propane leak* 3,460 3,460 Police 2 Reduction of SCORE costs 575,000 Police 8 Healthcare increase from 5% to 8% per new actuary report 53,090 Police Total $ 3,4601 $ 3,460 $ $ 521,910 Fire Add revenue budget for Fire false alarm fees 60,000 Fire Add revenue bud at for contract with private ambulance company 60,000 Fire 4 Add revenue budget to reflect updated fire permit fees 100,000 Fire Add expenditure budget specific to contract settlement 320,000 Fire 3 Add expenditure budget to true up overtime costs 213,000 Fire 3 Add expenditure budget for up to four recruits in the academy 160,000 Fire 3 Add expenditure budget for payouts related to retirements and other separations 100,000 Fire 5 Add expenditure budget to reflect February snowstorm costs 38,400 Fire 5 Andover Park East propane leak* 11,500 11,500 Fire 8 Healthcare increase from 5% to 8% per new actuaryreport 36,501 Fire Total $ 11,500 $ 522,900 $ 220,000 $ 356,501 T1S 8 Healthcare increase from 5% to 8% per new actuaryreport 5,122 TIS Total $ $ $ $ 5,122 Public Works 8 Healthcare increase from 5% to 8% per new actuary report 15,777 Public Works Total $ $ $ $ 15,777 Parks 8 Healthcare increase from 5% to 8% per new actuary report 4,488 ParksTotal $ $ $ $ 4,488 Street Maintenance 5 East Marginal Way power pole accident 310,697 310,697 Street Maintenance 5 Add expenditure budget to reflect February snowstorm costs 99,100 Street Maintenance 6 10,0000 gallon salt brine storage tank 21,945 Street Maintenance 5 Andover Park East propane leak* 6,352 6,352 Street Maintenance 8 Healthcare increase from 5% to 8% per new actuary report 6,566 Street Maintenance Total $ 317,049 $ 438,094 $ $ 6,566 20 INFORMATIONAL MEMO Page 3 Dept. Footnote Description of Proposed Amendment 2019 2020 Revenue I Expenditure Revenue Expenditure Dept. 20 - Transfers Out Transfer increase in solid waste tax to Residential Street fund 103 100,000 Dept. 20-Transfers Out 7 Use of budgeted fund balance surplus for Public Works Shops Phase 1,850,000 Dept. 20 - Transfers Out Adjust transfers to debt seNce funds associated with 2019 LTGO debt issue 322,068 50,000 Dept. 20 Transfers Total $ $ 222,068 $ $ 1,900,000 General Revenue Increase in solid waste tax from 6 % to 11 % , effective 11/1/2019 100,000 General Revenue Increase property tax revenue 175,000 Total General Fund Amendments $ 832,440 $ 1,146,817 $ 485,000 $ 1,899,329 *Costs for the Andover Park East propane leak totaled $21,312 which were allocated to Police ($3,460),Fire ($11,500) and Street Maintenance ($6, 352). 1) Port of Seattle grant on July 8, 2019 Committee of the Whole meeting. 2) SCORE interlocal and finances discussed October 14, 2019 Committee of the Whole meeting. 3) Details of the fire department budget were discussed at several Finance committee meetings then at Committee of the Whole September 9, 2019. 4) New fire fee schedule adopted by Council at September 16, 2019 Regular Meeting. 5) Updated information on snowstorm, propane leak, and power pole incident provided during Zd quarter financial report on October 14, 2019 Committee of the Whole. 6) Purchase of 10, 000 gallon salt brine storage tank at Transportation and Infrastructure committee July 16, 2019, Committee of the Whole July 22, 2019, and August 5, 2019 Regular Meeting. 7) Discussed at November 4, 2019 Regular Meeting. 8) Based on our previous experience and to maintain our 2.5 X IBNR, USI, our new healthcare broker, provided an actuarial study based on best practices. The updated study recommends that funding for active employees be increased from 5% to 8%. Net Effect on Ending Fund Balance The 2019 ending fund balance in the adopted budget for the General Fund was $12,672,631. As a result of the proposed budget amendments, the 2019 ending fund balance in the revised budget for the General Fund would be $13,828,530; an increase of $1,155,899 and exceeds reserve policy by $2.3 million. The 2020 ending fund balance in the adopted budget for the General Fund was $14,045,513. As a result of the proposed budget amendments, the 2020 ending fund balance in the revised budget for the General Fund would be $13,787,083; exceeding reserve policy by $1.7 million. It should be noted that the original adopted budget for 2020 was drafted with a budget surplus of $1.4 million and is being utilized to fund Phase I for PW Shops project. 21 INFORMATIONAL MEMO Page 4 Other Funds Included in the proposed budget amendments are amendments in other funds. Fund Footnote Description of Proposed Amendment 2019 2020 Revenue Expenditure Revenue Expenditure Residential Street - Fund 103 Transfer in additional solid waste tax (transferred in from general fund) 100,000 Residential Street - Fund 103 1 Redirect general fund transfer from Arterial Street fund (104) to Residential Street fund 103 450,000 Residential Street - Fund 103 Adiust roadwav moiect budgets that will not be spent in 2019 2,000,000 Total Residential Street Amendments $ 550,000 $ 2,000,000 $ $ Bridges & Arterial Street - Fund 104 Add budget for additional impact fee revenue collected 1,000,000 Bridges & Arterial Street - Fund 104 2 Redirect general fund transfer from Arterial Street fund (104) to Residential Street fund 103 450,000 Bridges & Arterial Street - Fund 104 3 Redirect general fund transfer from Arterial Street fund (104) to Public Safety Plan fund 305 1,000,000 Bridges & Arterial Street - Fund 104 4 Remove grants and expenditures related to Strander proqect 3,200,000 3,000,000 36,000,000 37,500,000 Total Bridges & Arterial Street Amendments $ 2,650,000 $ 3,000,000 $ 37,000,000 $ 37,500,000 Land Acquisition, Rec., & Park Dev. - Fund 301 5 CFT - Duwamish River habitat corridor land purchase - grant funded 670,000 670,000 Land Acquisition, Rec., & Park Dev. - Fund 301 5 CFT - Equitable access initial acquisition work - grant funded. Funds received in 2019 and will be spent in 2020 25,000 25,000 Total Land Ac ., Rec., & Park Dev. Amendments $ 695,000 $ 670,000 $ $ 25,000 General Gott. Improvement - Fund 303 Reallocate expenditure budget from 2019 to 2020 to fund a City Hall campus needs stud 200,000 300,000 Total General Gott. Improvement Amendments $ $ 200,000 $ $ 300,000 Fire Impact Fees - Fund 304 6 Add revenue budget to account for additional fire impact fees collected 450,000 Fire Impact Fees - Fund 304 7 Transfer additional fire impact fees collected to Public Safety Plan fund 305 600,000 Total Fire Impact Fees Amendments $ 450,000 $ 600,000 $ $ Public Safety Plan - Fund 305 Transfer in additional fire impact fees collected in Fire Impact Fee funds 304 600,000 Public Safety Plan - Fund 305 Sales tax mitigation funds 1,000,000 Total Public Safety Plan Amendments $ 600,000 $ $ 1,000,000 $ City Facilities (PW Shops)- Fund 306 8 Transfer in from General Fund for Phase I Heiser 1,850,000 City Facilities (PW Shops)- Fund 306 8 Transfer in from Utilties for Phase Heiser 650,000 City Facilities (PW Shops)- Fund 306 Minkler interim improvement projects transfer from Sewer fund 500,000 500,000 City Facilities (PW Shops) - Fund 306 8 Redirect general fund transfer from Arterial Street fund (104) to Public Safety Plan fund 305 1,000,000 City Facilities (PW Shops)- Fund 306 Adjust expenditure budget to reflect actual timing of expenditures 9,600,000 5,065,590 Total City Facilities PW Shops) Amendments $ $ 9,600,000 $ 4,000,000 $ 5,565,590 Debt Service - Fund 2X0( 9 Adjust 2019 LTGO debt services transfers and debt payment 322,068 387,693 50,000 50,000 Total Debt Service Amendments $ 322,068 $ 1387,693 $ 50,000 $ 50,000 Golf Course - Fund 411 10 Cost associated with break-ins and insurance recovery 40,000 33,000 Golf Course - Fund 411 11 Golf cart purchases in 2019 25,000 25,000 Golf Course - Fund 411 Correct salary and benefit budget 13,000 Golf Course - Fund 411 Correct expense budget for cart rentals, golf shop purchases, extra labor 25,000 Golf Course - Fund 411 Healthcare increase from 5% to 8% per new actuary report 4,021 Total Golf Course Amendments 1 $ 1 $ 103,000 $ 33,000 $ 20,979 22 INFORMATIONAL MEMO Page 5 Fund Footnote Description of Proposed Amendment 2019 2020 Revenue Expenditure Revenue Expenditure Water- Fund 401 Transfer to City Facilities for PWS Phase I Heiser 221,000 Water- Fund 401 Healthcare increase from 5% to 8% per new actuary report 3,676 Total Water Amendments $ $ $ $ 224,676 Sewer- Fund 402 Minkler interim improvement projects 500,000 Sewer - Fund 402 Transfer to City Facilities for PWS Phase I Heiser 123,500 Sewer - Fund 402 Healthcare increase from 5% to 8% per new actuary report 1,861 Total Sewer Amendments $ $ $ $ 625,361 Surface Water- Fund 412 ITransfer to City Facilities for PWS Phase I Heiser 305,500 Surface Water- Fund 412 Healthcare increase from 5% to 8% per new actuary report 4,314 Total Surface Water Amendments $ $ - $ $ 309,814 Equipment Rental & Replacement 501 Healthcare increase from 5% to 8% per new actuary report 2,874 Total Equipment Rental & Replacement Amendments $ $ $ $ 2,874 Insurance Fund 502 Healthcare increase from 5% to 8% per new actuary report 176,587 Total Insurance Fund Amendments $ $ $ 176,587 $ 1) Discussed at October 14, 2019 Committee of the Whole meeting. 2) Discussed at October 14, 2019 Committee of the Whole meeting. 3) Funding for Phase 1 for PW Shops approved at Regular Meeting on November 4, 2019. 4) Repayment of grant funds previously received for the Strander projects will occur over a two-year period. 5) Conservation Futures Trust (CFT) grant interlocal agreement for property acquisition and access projects presented to Community Development & Neighborhoods committee October 29, 2019 and November 4, 2019 Regular Meeting. 6)Increase of fire impact revenue budget by $450,000 to reflect actual funds received to date. Additional funds will be transferred to the Public Safety Plan. 7) Transfers out include fire impact fees collected late 2018. 8) Funding for Phase I was authorized at Regular Meeting on November 4, 2019. 9) Reduces 2019 debt service payments related to the 2019 LTGO bond issue. Total reduction in debt service is $387, 693. Reduces the transfer in from the general fund by $322, 068. 10) Costs associated with break-ins at the golf course were incurred in 2019 but insurance proceeds aren't expected to be received until 2020. 11) Community Development and Neighborhoods Committee 8127119, Regular Meeting 913119. In addition to the budget amendments proposed for other funds, beginning fund balances in various funds are also being adjusted to true up to actual beginning fund balances. RECOMMENDATION The Council is asked to approve the Budget Amendment ordinance and consider this item at the November 25, 2019 Committee of the Whole, and December 2, 2019 Regular Council Meeting. ATTACHMENTS Draft Ordinance Proposed Budget Changes — Summary by Fund Reconciliation of 2019-2020 Budget Summary to Ordinance 23 24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2597, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2019-2020 BIENNIUM, AND ORDINANCE NO. 2602, WHICH AMENDED THAT BUDGET, TO ADOPT AN AMENDED MID -BIENNIUM BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 3, 2018, the City Council of the City of Tukwila adopted Ordinance No. 2597, which adopted the 2019-2020 biennial budget of the City of Tukwila; and WHEREAS, on February 14, 2019, the City Council of the City of Tukwila adopted Ordinance No. 2602 amending Ordinance No. 2597, to correct a math error in the amounts shown for the General Fund; and WHEREAS, a mid -biennium budget amendment was presented to the City Council in a timely manner for their review, in accordance with RCW 35A.34.130; and WHEREAS, on October 28, 2019, the City Council gave direction for a budget proviso relating to the General Fund appropriation to the Fire Department, included here as Attachment 2; and WHEREAS, on November 25, 2019, following required public notification, the City Council conducted a public hearing on the proposed mid -biennium budget amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Tukwila Ordinance No. 2597 is hereby amended with the City Council's adoption of the document entitled "Reconciliation of 2019-2020 Budget Summary to Ordinance," included here as Attachment 1 and incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.33.075. Section 2. Estimated Revenues and Appropriations. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: 25 FUND EXPENDITURES REVENUES 000 General V45,733,333 $145,733,333 148, 521, 049 148, 521, 049 105 Contingency $6,995,997 $6,895,897 7,005,729 7,005,729 101 Lodging Tax $2,Q�2 $2,°� ov 02 3,198,625 3,198,625 103 Residential Streets $12,539,621 $12,39,211 10, 378, 544 10, 378, 544 104 Bridges and Arterial Streets $58,987,865 $5g,og7,865 17,6 99,425 17,6 99,425 2XX LTGO Debt Service $1,'� c64,282 $1 26� co�2 9,743,157 9.743,157 301 Land Acquisition, Recreation & Park Dev. $1,'�2 $1,'� c64 282 1,959,282 1,959,282 303 General Government Improvements $ 1 $739,761 878,761 878,761 304 Fire Impact Fees $1 nn�z $1 nn , w�12 1,617,335 1,617,335 305 Public Safety Plan $92,'��549 $92,136,54 9 85,931,018 85,931,018 306 City Facilities $9 414 900 $tea 24, 579, 590 24 579 590 401 Water $19,9�990,522 $1° -r-o-990,522 20,898,771 20,898,771 402 Sewer $29,°�'8,4130 $'8�0 30,0 66,080 30 0 66,080 411 Foster Golf Course $".'�T $4,281,881 4,314,881 4,314,881 412 Surface Water $,303 $,303 19,6 55,103 19,6 55,103 501 Equipment Rental $10,'� 1�2 $10.715,532 11,135,535 11,1 55,535 502 Insurance Fund $19,715,532 $2 14,7 77,599 14,7 77,599 Section 3. Copies on File. A complete copy of the amended budget for 2019-2020, as adopted, together with a copy of this amending ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 26 Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force and effect five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment 1: Reconciliation of 2019-2020 Budget Summary to Ordinance Attachment 2: Budget Proviso of the Tukwila City Council 27 w City of Tukwila 2019-2020 Year -End Budget Amendment Reconciliation of 2019-2020 Budget Summary to Ordinance REVENUES 2019 Beginning Fund Balance 2019 Revenues 2020 Revenues Total Revenues Mid -Biennial Amendment Total Revenues Beg. Fund Balance Adj. 2019 2020 000 General S 12,590,576 $ 65.947,930 $ 67,194,827 $ 145,733,333 S 1,470,276 $ 832,440 $ 485,000 $ 148,521,049 101 Lodging Tax 1,370,302 778,000 803,000 2,951,302 247,323 3,198,625 103 Residential Street 2,826,621 4,002,000 5,711,000 12,539,621 (2,711.077) 550,000 10,378,544 104 Arterial Street 3,621,865 6,819.000 47,647.000 50,007,865 (745,440) (2,650,000) (37,000,000) 17,689,425 105 Contingency 6,447,329 148,568 300,000 6,895,897 109,832 7,005,729 109 Drug Seizure Fund 226,507 55,000 55,000 336,507 - 336,507 2XX LTGO Debt Service 387,669 4,979,262 4.590,311 9,957,242 57,983 (322,068) 50,000 9,743,157 206 LID Guaranty 685,037 300 300 685,637 - 685,637 213 UTGO Bonds 40,117 2,841,675 3,713,175 6,594,967 6,594,967 233 2013 LID 707,287 668,637 668,613 2,064.537 2,064,537 301 Land Acquisition, Recreation & Park Dev. 1,019,562 126,320 116,400 1,264,282 695,000 1,959,282 302 Urban Renewal 2,213,064 10,000 10,000 2,233,064 5.362,629 7,595,693 303 General Government Improvements 337,761 200,500 200,500 738,761 140,000 878,761 304 Fire Impact Fees 7,412 500.100 500,100 1,007,612 159,723 450,000 1,617,335 305 Public SafetyPlan 13,038,494 66,414,346 2,683,709 82,136,549 2.194,469 600,000 1,000,000 1 85,931,018 306 CityFacilities 1,914,000 7,500.000 9,414,000 11,165,590 - 4,000,000 24,579,590 401 Water 5,149,522 7.317,000 7,524.000 19,990,522 908,249 20,898,771 402 Sewer 9,174,430 9,912,000 9,912.000 28,990,430 1,037,650 30,036,080 411 Foster Golf Course 640,081 1,793,900 1,847,900 4,281,881 33,000 4,314,881 412 Surface Water 754,303 9,070,000 7,990,000 17,814,303 1,840,800 19,655,103 501 Equipment Rental 3,674,899 3,619,089 3,221,544 10,715,532 420,003 11,135,535 502 Insurance Fund 1,137,704 6,563,872 6,889,436 14,591,012 176,557 14,767,599 503 Insurance -LEOFF1 Fund 527,005 266,533 266,541 1,060,079 1,060,079 611 Firemen's Pension 1,449,856 74.000 74,000 1,597,856 - - 1,597,856 Total $ 70,141,403 $ 199.630,0302 $ 171,g19.356 1 $ 441,690,791 1 $ 21,655,010 1 $ 155,372 $ (31,255,413) $ 432,245,760 EXPENDITURES 2019 Expenditures 2020 Expenditures 2020 Ending Fund Balance Total Expenditures Mid -Biennial Amendment Total Expenditures 2019 2020 Net Effect on 2020 EndingFund Balance 000 General $ 65,865,875 $ 65.821,945 S 14,045.513 S 145,733,333 $ 1,146,817 5 1,899,329 $ (258,430) S 148,521,049 101 Lodging Tax 693,131 695,498 1,562,673 2,951,302 - - 247,323 3,198,625 103 Residential Street 6,616,000 5,701,000 222,621 12,539,621 (2,000,000) (161,077) 10,378,544 104 Medal Street 8,854,599 48.935.382 297,884 58,087,865 (3,000,000) (37,500,000) 101,560 17,689,425 105 Contingency 6,895,897 6,895,897 109,832 7,005,729 109 Drug Seizure Fund 60,000 60,000 216,507 336,507 - 336,507 2XX LTGO Debt Service 4.979.263 4,589,893 388,086 9,957.242 (387,693) 50,000 123,608 91743,157 206 LID Guaranty 685,637 685,637 685.637 213 UTGO Bonds 2,841,675 3,713,175 40,117 6,594,967 6,594.967 233 2013 LID 688,637 668,613 707,287 2,064,537 2.064,537 301 Land Acquisition, Recreation & Park Dev. 605,000 50,000 609,282 1,264,282 670,000 25,000 1.959,282 302 Urban Renewal 235,000 215,000 1,783,064 2,233,064 5,362,629 7,595,693 303 General Government improvements 353,094 358,015 27.652 738,761 (200,000) 300,000 40.000 878,761 304 Fire Improvements 500,000 500,000 7,612 1,007,612 600.000 9,723 1,617,335 305 Public Safety Plan 39,896.578 40.028,146 2,211,825 82.136,549 3.794,469 85,931,018 306 City Facilities 4,629.000 4.785,000 9,414,000 9,600,000 5,565,590 24,579,590 401 Water 7,650,901 9.000.238 3,339,383 19.990,522 224,676 663,573 20,898,771 402 Sewer 10,774,916 9,783,035 8,440,479 28,998,430 625,361 412,289 30,036,080 411 Foster Golf Course 1,765,345 1,610,408 706,128 4,281,881 103,o00 (20,979) (49,021) 4,314,881 412 Surface Water 8,933,224 7,302,426 1,578,653 17,814,303 309,814 1,530,986 19,655,103 501 Equipment Rental 4,435,204 1 3,777,658 2,502,670 10,715,532 2,874 417,129 11,135,535 502 Insurance Fund 6,904,662 71412,104 274,246 14,591,012 176,587 14,767,599 503 Insurance-LEOFF1 Fund 465,755 489!313 105,011 1,060,079 1,060,079 611 Firemen's Pension 69,991 69,991 1,457,874 1,597,856 1,597,856 Total $ 177.817,850 $ 215,766.840 $ 48,106,101 $ 441,690,791 b 6,532,124 $(28,518,335) $ 12,541,180 $432,245,760 29 30 Attachment 2 Budget Proviso of the Tukwila City Council 2019-2020 Mid -Biennium Budget Amendment The following is hereby declared to be the legislative intent of the City Council regarding the General Fund appropriation to the Fire Department: 1. The City Council approves the $522,900 amendment to the Fire Department's 2019 budget with the expectation that the following conditions be met in 2020: a. The Fire Chief will deliver a 2019 Annual Report, per RCW 35A.92.030, to the City Council by the end of the 1st Quarter. b. The Fire Chief will deliver quarterly reports to the City Council discussing new revenue implementation and budget status updates including overtime and training. c. The Mayor and/or City Administrator will deliver a mid -year report to the City Council regarding budget status to date and projection for year-end. d. The City will hire a third -party consultant to review the Fire Department budgetary and management practices. e. The Fire Department will implement additional revenue sources and operational efficiencies while considering cost savings wherever appropriate. 2. It is expected that the Fire Department will operate within the adopted budget for 2020. If the above proviso conditions are met, the City Council may reconsider a budget amendment following the mid -year report. 31 32 Proposed Budget Changes - Summary by Fund 2019 Beginning Fund Balance Revenue Expenditure Ending Fund Balance Fund Adopted Budget Proposed Amendment s Proposed Revised Budget Adopted Budget Proposed Amendments Proposed Revised Budget Adopted Budget Proposed Amendments Proposed Revised Budget Adopted Budget Proposed Amendment s Proposed Revised Budget General Fund Depts. Mayo, - $ D 21,800 $ $ 21,800 $ Recreation 108,050 112,050 Community Development 270,581 270,581 Police 3,460 3,460 Fire 11,500 522,900 Street Maintenance 317,049 438,094 Transfers 100.000 1222 06R) Total General Fund 12,590,576 1,470,276 14,060,852 65,947,930 832,440 66,780,370 65,865,875 1,146,817 67,012,692 12,672,631 1,155,899 13,828,530 Special Revenue Funds: Lodging Tax 1,370,302 247,323 1,617,625 778,000 - 778,000 693,131 - 693,131 1,455,171 247,323 1,702,494 Contingency 6,447,329 109,832 6,557,161 148,568 - 148,568 - - - 6,595,897 109,832 6,705,729 LTGO Debt Service Funds (2XX) 387,669 57,983 445,652 4,979,262 (322,068) 4,657,194 4,979,263 (387,693) 4,591,570 387,668 123,608 511,276 Capital Projects Funds: Residential Streets 2,826,621 (2,711,077) 115,544 4,002,000 550,000 4,552,000 6,616,000 (2,000,000) 4,616,000 212,621 (161,077) 51,544 Bridges and Arterial Streets 3,621,865 (748,440) 2,873,425 6,819,000 (27650,000) 4,169,000 8,854,599 (37000,000) 5,854,599 1,586,266 (398,440) 1,187,826 Land Acquisition, Rec. and Park Dev. 1,019,562 - 1,019,562 128,320 6957000 823,320 6057000 670,000 1,275,000 542,882 25,000 567,882 General Government 337,761 140,000 477,761 200,500 - 200,500 353,094 (200,000) 153,094 185,167 340,000 525,167 Fire Impact Fees 7,412 159,723 167,135 500,100 450,000 950,100 500,000 600,000 1,100,000 7,512 9,723 17,235 Public Safety Plan 13,038,494 2,1947469 15,232,963 66,414,346 600,000 67,014,346 39,896,578 - 39,896,578 39,556,262 2,794,469 42,350,731 City Facilities (PW Shops) 1,914,000 11,165,590 13,079,590 7,500,000 - 7,500,000 4,629,000 9,600,000 14,229,000 4,785,000 1,565,590 6,350,590 Enterprise Funds: Water 5,149,522 908,249 6,057,771 7,317,000 - 7,317,000 7,650,901 - 7,650,901 4,815,621 908,249 5,723,870 Sewer 9,174,430 1,037,650 10,212,080 9,912,000 - 9,912,000 10,774,916 - 10,774,916 8,311,514 1,037,650 9,349,164 Golf 640,081 - 640,081 1,793,900 - 1,793,900 1,765,345 103,000 1,868,345 668,636 (103,000) 565,636 Surface Water 754,303 1,840,800 2,595,103 9,070,000 - 9,070,000 8,933,224 - 8,933,224 891,079 1,840,800 2,731,879 Internal Service Funds: Equipment Rental and Replacement $ 3,874,899 $ 420,003 $ 4,294,902 $ 3,619,089 $ - $ 3,619,089 $ 4,435,204 $ - $ 4,435,204 $ 3,058,784 $ 420,003 1 $ 3,478,787 Employee Healthcare Plan 1 1,137,704 1 - 1 1,137,704 1 6,563,872 1 - 1 6,563,872 1 6,904,662 11 6,904,662 1 796,914 1 - 1 796.914 W W W 2020 Beginning Fund Balance Revenue Expenditure Ending Fund Balance Fund Adopted Budget Proposed Amendment s Proposed Revised Budget Adopted Budget Proposed Amendments Proposed Revised Budget Adopted Budget Proposed Amendments Proposed Revised Budget Adopted Budget Proposed Amendment s Proposed Revised Budget General Fund Depts. Council 1,141 Mayor 8,216 Administrative Services 2,004 Finance 6,076 Recreation 90, 99,024 Community Development 10,935 Court 4,783 Police - (521, 910) Fire 220,006 356,501 TIS 5,122 Public Works 15,777 Parks 4,488 Street Maintenance 6,566 Transfers - 1,900,000 Property Tax Revenue 175,000 - Total General Fund 12,672,631 1,155,899 13,828,530 67,194,827 485,000 67,679,827 65,821,945 1,899,329 67,721,274 14,045,513 (258,430) 13,787,083 Special Revenue Funds: Lodging Tax 1,455,171 247,323 1,702,494 803,000 - 803,000 695,498 - 695,498 1,562,673 247,323 1,809,996 Contingency 6,595,897 109,832 6,705,729 300,000 - 300,000 - - - 6,895,897 109,832 7,005,729 LTGO Debt Service Funds (2XX) 387,668 123,608 511,276 4,590,311 50,000 4,640,311 4,589,893 50,000 4,639,893 388,086 123,608 511,694 Capital Projects Funds: Residential Streets 212,621 (161,077) 51,544 5,711,000 - 5,711,000 57701,000 - 5,701,000 222,621 (161,077) 61,544 Bridges and Arterial Streets 1,586,266 (398,440) 1,187,826 47,647,000 (37,000,000) 10,647,000 48,935,382 (37,500,000) 11,435,382 297,884 101,560 399,444 Land Acquisition, Rec. and Park Dev. 542,882 257000 567,882 116,400 - 116,400 507000 25,000 75,000 609,282 - 609,282 General Government 185,167 3407000 525,167 200,500 - 200,500 358,015 300,000 658,015 27,652 40,000 67,652 Fire Impact Fees 7,512 9,723 17,235 500,100 - 500,100 500,000 - 500,000 7,612 9,723 17,335 Public Safety Plan 39,556,262 2,7947469 42,350,731 2,683,709 1,0007000 3,683,709 40,028,146 - 40,028,146 2,211,825 3,794,469 6,006,294 City Facilities (PW Shops) 4,785,000 1,5657590 6,350,590 - 4,000,000 4,000,000 4,785,000 5,5657590 10,350,590 - - - Enterprise Funds: Water 4,815,621 9087249 5,723,870 7,524,000 - 7,524,000 9,000,238 2247676 9,224,914 3,339,383 683,573 4,022,956 Sewer 8,311,514 1,037,650 9,349,164 9,912,000 - 9,912,000 9,783,035 625,361 10,408,396 8,440,479 412,289 87852,768 Golf 668,636 (103,000) 565,636 1,847,900 33,000 1,880,900 17810,408 (20,979) 1,789,429 706,128 (49,021) 657,107 Surface Water 891,079 1,840,800 2,731,879 7,990,000 - 7,990,000 7,302,426 309,814 7,612,240 1,578,653 1,530,986 3,109,639 Internal Service Funds: Equipment Rental and Replacement $ 3,058,784 $ 420,003 1 $ 3,478,787 $ 3,221,544 $ - $ 3,221,544 $ 3,777,658 $ 2,874 1 $ 3,780,532 $ 2,502,670 $ 417,129 $ 2,919,799 Employee Healthcare Plan 1 796,914 1 - 1 796,914 1 6,889,436 1 1767587 1 7,066,023 1 7,412,104 1 - 1 7,412,104 1 274,246 1 176,587 1 450,833 City of Tukwila 2019-2020 Mid -Biennium Budget Amendment Reconciliation of 2019-2020 Budget Summary to Ordinance REVENUES 2019 Beginning Fund Balance 2019 Revenues 2020 Revenues Total Revenues Mid -Biennial Amendment Total Revenues Beg.Fund Balance Adj. 2019 2020 000 General $ 12,590,576 $ 65,947,930 $ 67,194,827 $ 145,733,333 $ 1,470,276 $ 832,440 $ 485,000 $148,521,049 101 Lodging Tax 1,370,302 778,000 803,000 2,951,302 247,323 - - 3,198,625 103 Residential Street 2,826,621 4,002,000 5,711,000 12,539,621 (2,711,077) 550,000 - 10,378,544 104 Arterial Street 3,621,865 6,819,000 47,647,000 58,087,865 (748,440) (2,650,000) (37,000,000) 17,689,425 105 Contingency 6,447,329 148,568 300,000 6,895,897 109,832 7,005,729 109 Drug Seizure Fund 226,507 55,000 55,000 336,507 - 336,507 2XX LTGO Debt Service 387,669 4,979,262 4,590,311 9,957,242 57,983 (322,068) 50,000 9,743,157 206 LID Guaranty 685,037 300 300 685,637 - 685,637 213 UTGO Bonds 40,117 2,841,675 3,713,175 6,594,967 6,594,967 233 2013 LID 707,287 688,637 668,613 2,064,537 - 2,064,537 301 Land Acquisition, Recreation & Park Dev 1,019,562 128,320 116,400 1,264,282 695,000 1,959,282 302 Urban Renewal 2,213,064 10,000 10,000 2,233,064 - 2,233,064 303 General Government Improvements 337,761 200,500 200,500 738,761 140,000 - 878,761 304 Fire Impact Fees 7,412 500,100 500,100 1,007,612 159,723 450,000 1,617,335 305 Public Safety Plan 13,038,494 66,414,346 2,683,709 82,136,549 2,194,469 600,000 1,000,000 85,931,018 306 City Facilities 1,914,000 7,500,000 - 9,414,000 11,165,590 - 4,000,000 24,579,590 401 Water 5,149,522 7,317,000 7,524,000 19,990,522 908,249 - 20,898,771 402 Sewer 9,174,430 9,912,000 9,912,000 28,998,430 1,037,650 - 30,036,080 411 Foster Golf Course 640,081 1,793,900 1,847,900 4,281,881 - 33,000 4,314,881 412 Surface Water 754,303 9,070,000 7,990,000 17,814,303 1,840,800 - 19,655,103 501 Equipment Rental 3,874,899 3,619,089 3,221,544 10,715,532 420,003 - 11,135,535 502 Insurance Fund 1,137,704 6,563,872 6,889,436 14,591,012 - 176,587 14,767,599 503 Insurance - LEOFF 1 Fund 527,005 266,533 266,541 1,060,079 - 1,060,079 611 Firemen's Pension 1,449,856 74,000 74,000 1,597,856 - 1,597,856 Total $ 70,141,403 $199,630,032 $171,919,356 $ 441,690,791 $ 16,292,381 $ 155,372 $(31,255,413) $426,883,131 EXPENDITURES 2019 Expenditures 2020 Expenditures 2020 Ending Fund Balance Total Expenditures Mid -Biennial Amendment Total Expenditures Beg. Fund Balance Adj. 2019 2020 000 General $ 65,865,875 $ 65,821,945 $ 14,045,513 $ 145,733,333 $ 1,470,276 $ 832,440 $ 485,000 $148,521,049 101 Lodging Tax 693,131 695,498 1,562,673 2,951,302 247,323 - - 3,198,625 103 Residential Street 6,616,000 5,701,000 222,621 12,539,621 (2,711,077) 550,000 - 10,378,544 104 Arterial Street 8,854,599 48,935,382 297,884 58,087,865 (748,440) (2,650,000) (37,000,000) 17,689,425 105 Contingency - - 6,895,897 6,895,897 109,832 7,005,729 109 Drug Seizure Fund 60,000 60,000 216,507 336,507 - 336,507 2XX LTGO Debt Service 4,979,263 4,589,893 388,086 9,957,242 57,983 (322,068) 50,000 9, 443,157 206 LID Guaranty - - 685,637 685,637 - - 685,637 213 UTGO Bonds 2,841,675 3,713,175 40,117 6,594,967 6,594,967 233 2013 LID 688,637 668,613 707,287 2,064,537 - 2,064,537 301 Land Acquisition, Recreation & Park Dev 605,000 50,000 609,282 1,264,282 695,000 1,959,282 302 Urban Renewal 235,000 215,000 1,783,064 2,233,064 5,362,629 7,595,693 303 General Government Improvements 353,094 358,015 27,652 738,761 140,000 - 878,761 304 Fire Improvements 500,000 500,000 7,612 1,007,612 159,723 450,000 1,617,335 305 Public Safety Plan 39,896,578 40,028,146 2,211,825 82,136,549 2,194,469 600,000 1,000,000 85,931,018 306 City Facilities 4,629,000 4,785,000 - 9,414,000 11,165,590 - 4,000,000 24,579,590 401 Water 7,650,901 9,000,238 3,339,383 19,990,522 908,249 - 20,898,771 402 Sewer 10,774,916 9,783,035 8,440,479 28,998,430 1,037,650 - 30,036,080 411 Foster Golf Course 1,765,345 1,810,408 706,128 4,281,881 - 33,000 4,314,881 412 Surface Water 8,933,224 7,302,426 1,578,653 17,814,303 1,840,800 - 19,655,103 501 Equipment Rental 4,435,204 3,777,658 2,502,670 10,715,532 420,003 - 11,135,535 502 Insurance Fund 6,904,662 7,412,104 274,246 14,591,012 - 176,587 14,767,599 503 Insurance - LEOFF 1 Fund 465,755 489,313 105,011 1,060,079 - 1,060,079 611 Firemen's Pension 69,991 69,991 1 1,457,874 1 1,597,856 - 1,597,856 Total $ 177,817,850 $215,766,840 1 $ 48,106,101 1 $ 441,690,791 1 $ 16,292,381 $ 5,518,001 $(31,255,413)1 $432,245,760 35 36 City Council Finance Committee FINANCE COMMITTEE Meeting Minutes November 12, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Holl Councilmembers: Thomas McLeod, Chair; Verna Seal, De'Sean Quinn Staff: David Cline, Vicky Carlsen, Jay Wittwer, Juan Padilla, Jeff Friend, Rachel Bianchi, Bruce Linton, Tony Cullerton, Erika Eddins, Jack Pace, Laurel Humphrey CALL TO ORDER: Chair McLeod called the meeting to order at 5:30 p.m. 1. PRESENTATIONS II. BUSINESS AGENDA A. Resolution: 2020 State Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2019 Washington State Legislative Session. The draft agenda was discussed in the Public Safety Committee, and Councilmember Idan with Councilmember Robertson's agreement requested items addressing racial equity, workforce development, and climate change. Councilmember Quinn suggested language encouraging equity in departments and appreciation of the business license partnership. Councilmember McLeod suggested including technology. Staff will present additions around equity in departmental work programs and privacy considerations. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12, 2019 COMMITTEE OF THE WHOLE. B. 2019 3rd Quarter General Fund Report Staff presented an update on the General Fund based on financial data through November 3, 2019 forthe reporting period ending September 30, 2019. Total revenue is $46.1 million, or $175.7 thousand over the allocated budget. Unbudgeted or unplanned expenditures include local business code violations, snow events, Andover Park East propane leak, and the East Marginal Way power pole accident. DISCUSSION ONLY. C. Ordinance: 2019-2020 Budget Amendment Staff is seeking Council approval of an ordinance to amend the 2019-2020 Biennial Budget. Staff provided an overview of the changes, categorized as housekeeping amendments, adjustments to the Public Safety Plan, added revenue -backed projects/expenditures, unanticipated events, and truing up the Fire Department to current staffing and service levels. The reserve fund balance policy is met and exceeded in both 2019 and 2020 after all amendments are included. Staff went overthe budget changes bydepartment. Councilmembers asked clarifying questions and discussed the passage of Initiative 976, which may result in the loss of sales tax revenue from Metro bus purchases. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12, 2019 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING. 37 w COUNCIL AGENDA SYNOPSIS Initials Meeticr Date Pre.pared by 'Al nor s rec�ie2V Council rei4ex 11/25/19 RB 12/02/19 RB ITEM INFORMATION ITEM NO. 4.C. SIFAFF SPONSOR: RACHEL BIANCHI ORiGINAI.AGI?ND,\ DA'rl�:: 11/25/19 AGL'NDA ITEnI TrrI.E 2020 State Legislative Agenda CATEGORY ❑ Discussion AT/Dale ❑ Motion R1t� Dnte ® Resolution l(tg Date 12/OZ/19 ❑ Ordinance 111� Date ❑ Bid-11ward lllg Dine ❑ Public Hearing ddtg Date ❑ Other Altg Date SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑Dire ❑TS ❑P�"R ❑Police ❑131F ❑Court SPONSOR'S Council is being asked to adopt the city's legislative agenda for the 2020 session. SUNINIARY REVIEWI3D BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ® Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/4 & 11/12 CON11MITTEE CHAIR: ROBERTSON AND MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. Administrative Services CONIMrITF]", Forwarded to full council for passage COST IMPACT / FUND SOURCE EXPL'NDr1'URIs RI;QUIRI,:D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/25/19 Forward to next Regular Meeting 12/2/19 MTG. DATE ATTACHMENTS 11/25/19 Informational Memorandum dated October 1, 2019 Draft Resolution Proposed 2020 Legislative Agenda Minutes from the 11/4 PS & 11/12 Finance Committees 12/2/19 Final Resolution 39 ml City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee Finance Committee FROM: Rachel Bianchi, Deputy City Administrator CC: Mayor Ekberg DATE: October 1, 2019 SUBJECT: 2020 Legislative Agenda ISSUE The City of Tukwila develops an annual legislative agenda for use in Olympia during the legislative session. BACKGROUND The City's Legislative Agenda provides direction to staff and consensus among the elected officials as to what policy positions are taken on behalf of the City of Tukwila during the legislative session. RECOMMENDATION The Public Safety and Finance Committees are being asked to provide comment and feedback, which will be incorporated into the agenda for discussion at the November 25, 2019 Committee of the Whole meeting. The full Council is being asked to formally adopt the agenda at the December 2 Regular Meeting. The City's lobbyist, David Foster, will provide a legislative update at the December 2 meeting. At the November 4 2019 meeting of the Public Safety Committee, the members asked that the following items be included in the legislative agenda; these edits are reflected in the attached draft: • Advancing racial equity • Workforce development • Combatting climate change At the November 12 2019 meeting of the Finance Committee, the members asked that the followinq items be included in the legislative agenda; these edits are reflected in the attached draft: • Clarity around the advancing racial equity statement • Support for the State's Department of Revenue consolidated business licensing system, of which Tukwila is a participant • Technoloav orivacv protections ATTACHMENTS Resolution in draft form Attachment A — Legislative Agenda 41 42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2020 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2020; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council agreed to these priorities at the City Council Meeting on December 2, 2019; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2020 Washington State Legislative Session that provide a framework for advocacy on behalf of the community. The City of Tukwila 2020 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Attachment A: City of Tukwila 2020 Legislative Agenda Kathy Hougardy, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: W:\Word Processing\Resolutions\Legislative Agenda for 2019 10-24-19 RB:bjs Page 1 of 1 43 m Shaded text reflects changes per Public Safety and Finance Committees. ATTACHMENT A City of Tukwila 2020 Legislative Agenda Transportation & Infrastructure • Provide funding for critical local infrastructure, including the Allentown Bridge, which is Structurally Deficient and Functionally Obsolete. • Create stable, reliable infrastructure assistance funding for cities to assist in repairing roads, bridges and other public infrastructure that support economic development. Housing & Human Services • Create new and expand existing local options to generate revenue for housing and human services and for capital construction of affordable housing. • We strongly encourage the state to adequately fund human services programs for the health of the safety net. Shared Revenue • The State must continue its role as a partner with cities, including reinstating funding for the Public Works Assistance Account and Community Economic Revitalization Board. • Ensure funding for Streamlined Sales Tax Mitigation payments brought back in the 2019 session remain funded and identify a longer -term funding strategy beyond the 2020/2021 biennium. • In addition, the state must retain the local share of liquor taxes to allow jurisdictions to address impacts, such as public safety, of privatized liquor in our cities. • Continued support for the Department of Revenue's Business Licensing System that has coordinated business licenses at the local and state levels. Revenue Reform Allow cities the authority and flexibility to address the fact that growth in the cost of services continue to outstrip revenues. The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Education • Implement needs based funding for allocation of social emotional student support resources and expand funding for learning opportunities for summer school students. • Increase funding for homeless students and secondary ELL students. • Incorporate early learning for low income students as a part of Basic Education. Preserve Lodging Tax Flexibility • Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions and Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best serves each individual community. Preparing for Our Future • Enact policies to prepare to combat climate change, including adequately budgeting for its effects and providing tools to cities to prepare and address the ramifications of flooding, pollution and other key factors. • Continue to invest in workforce education and iob training to ensure Washingtonians have access to high -quality career and technical education opportunities. • Develop sufficient consumer privacy legislation to ensure that residents have access to their own personal data and enact certain restrictions to technology that allow Washingtonians a right to privacy. Advancing Equity • Develop and implement a racial equity toolkit for legislation, policies, departmental workplans and programs to advance racial equity in Washington. 45 m City Council Public Safetv Committee PUBLIC SAFETY COMMITTEE Meeting Minutes November 4, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Dennis Robertson, Chair; Kate Kruller, Zak Idan Staff: David Cline, Bruce Linton, Jay Wittwer, Rachel Bianchi, Laurel Humphrey Guests: Justine Kim, Shiels Obletz Johnsen; Steve Boldblatt, PMQA CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Resolution: Adopting 2020 State Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2019 Washington State Legislative Session. The agenda includes items in the categories of Transportation & Infrastructure, Housing & Human Services, Shared Revenue, Revenue Reform, Education, and Lodging Tax Flexibility. Councilmember Idan stated that he would like to add items regarding advancing racial equity, supporting jobs and workforce development, and combating climate change. Councilmember Kruller stated the purpose of the agenda is to show state legislators what they can do to help cities and cautioned about making it too long. Chair Robertson expressed support for CM Idan's additions, and staff will draft the additional items prior to the Finance Committee discussion. Input from both committees will be presented to the Committee of the Whole. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. B. Maximum Allowable Construction Cost(MACC).Fire Station 52 Staff is seeking Council approval of a contract amendment with Lydig Construction forthe final construction phase of Fire Station 52. Station 52 is currently under construction and on schedule, and the final MACC includes the remaining services and came under budget by approximately $637,000. Due to the budget savings, staff recommends building the Administrative space that was previously changed to an alternate and which came in at $845,747. The Council is asked to approve the amendment in the total cost of $16,154,260 including the Administration buildout, to spend $1,615,426 in sales tax associated with the amendment, and to spend, if needed, the full project's contingency for change orders, budgeted at up to $1,567,483, and to transfer $104,057 each from the Fire Station 51 and Justice Center budgets to cover the Adminspace buildout. Councilmember Robertson said he supports building the Administration space now as the shell was built and this is the lowest cost way to use the facility. Councilmember Idan also stated support for it as this is to serve as Fire 47 City of Tu kwi la City Council Finance Committee FINANCE COMMITTEE Meeting Minutes November 12, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair; Verna Seal, De'Sean Quinn Staff: David Cline, Vicky Carlsen, Jay Wittwer, Juan Padilla, Jeff Friend, Rachel Bianchi, Bruce Linton, Tony Cullerton, Erika Eddins, Jack Pace, Laurel Humphrey CALL TO ORDER: Chair McLeod called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Resolution: 2020 State Legislative Aeenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2019 Washington State Legislative Session. The draft agenda was discussed in the Public Safety Committee, and Councilmember Idan with Councilmember Robertson's agreement requested items addressing racial equity, workforce development, and climate change. Councilmember Quinn suggested language encouraging equity in departments and appreciation of the business license partnership. Councilmember McLeod suggested including technology. Staff will present additions around equity in departmental work programs and privacy considerations. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12, 2019 COMMITTEE OF THE WHOLE. B. 2019 3rd Quarter General Fund Report Staff presented an update on the General Fund based on financial data through November 3, 2019 forthe reporting period ending September30, 2019. Total revenue is $46.1 million, or $175.7 thousand over the allocated budget. Unbudgeted or unplanned expenditures include local business code violations, snow events, Andover Park East propane leak, and the East Marginal Way power pole accident. DISCUSSION ONLY. C. Ordinance: 2019-2020 Budget Amendment Staff is seeking Council approval of an ordinance to amend the 2019-2020 Biennial Budget. Staff provided an overview of the changes, categorized as housekeeping amendments, adjustments to the Public Safety Plan, added revenue -backed projects/expenditures, unanticipated events, and truing up the Fire Department to current staffing and service levels. The reserve fund balance policy is met and exceeded in both 2019 and 2020 after all amendments are included. Staff went overthe budget changes by department. Councilmembers asked clarifying questions and discussed the passage of Initiative 976, which may result in the loss of sales tax revenue from Metro bus purchases. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12, 2019 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING. .• COUNCIL AGENDA SYNOPSIS ITEM NO. Meeting Date Prepared by Mayor' review Council review 11/25/19 AT Ay 12/02/19 AT ITEM INFORMATION STAFF SPONSOR: ALISON TURNER ORIGINAL. AGENDAA Di1'1 E: 11/25/19 AGi?NDA I'1'F.Nl Trri,r Resolution Adopting a Title VI Program CATEGORY ® Discussion Mtg Date 11125119 ❑ Motion AItg Date ® Resolution Alt,, Date 1212119 ❑ Ordinance Ali g Date ❑ BidAward Mtg Date ❑ Public Hearing A1tg Date ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑PLR ®DCD ❑Finance ❑Fire ❑TS ❑P�'R ❑Police ❑PIVI ❑Court SPONSOR'S Title VI of the Civil Rights Act of 1964 is a federal statute that organizations receiving SUMMARY federal financial assistance must comply with. This Title VI Program includes a notice that the City of Tukwila complies with the requirements of Title VI and includes a complaint process. Council is being asked to approve the Resolution to adopt a Title VI Program for the Transportation Demand Management Program to be eligible for passthrough funding from King County Metro as a federal sub -grantee. REVIFiWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ® Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/19/19 COMMITTEE CHAIR: IDAN RECOMMENDATIONS: SPONSOR/ADN-IIN. Department of Community Development CONINIH'FEE Unanimous Approval, Forward to COW COST IMPACT / FUND SOURCE EXPI;NDI"I'URIS RI;QUIRT?D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: No impact to the genera/ fund MTG. DATE RECORD OF COUNCIL ACTION 11/25/19 Forward to next Regular Meeting 12/02/19 MTG. DATE ATTACHMENTS 11/25/19 Informational Memorandum dated 11/15/19 Resolution 2019 City of Tukwila Title VI Program Minutes from the 11/19 Transportation & Infrastructure Committee meeting 12/2/19 Final Resolution we 50 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Jack Pace, Department of Community Development Director, BY: Alison Turner, Sustainable Transportation Program Manager Tony Cullerton, Finance Deputy Director Niesha Fort -Brooks, Community Engagement Manager CC: Mayor Ekberg DATE: November 15, 2019 SUBJECT: Resolution Adopting a Title VI Program ISSUE Approve a Resolution to formally establish a Title VI Program. BACKGROUND Title VI of the Civil Rights Act of 1964 is a federal statute that provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any programs or activity receiving federal financial assistance. While some Title VI Program elements are currently being implemented in the City, a Title VI Program has not been formally adopted citywide. For example, Public Works produces an annual report to the Washington State Department of Transportation to remain eligible for federal funding on capital projects. DISCUSSION Staff from the Department of Community Development, Public Works, Finance, and Communications have been meeting to understand what the City needs in place to comply with federal Title VI requirements. Transportation Demand Management (TDM) Program funding is potentially available via King County Metro through a TDM Corridor Strategies Supporting Centers federal Congestion Mitigation and Air Quality grant, Metro has requested the City adopt this special transit Title VI Program as a sub -grantee to King County. This Title VI Program includes a notice to the public, posted at City Hall and on the website, that the City complies with the requirements of Title VI and related statues and regulations. It also includes a complaint process and form. The TDM team is asking Council to adopt this resolution to be eligible to accept the passthrough funding from Metro. Staff will further develop an organization -wide Title VI Program that meets all federal requirements in 2020. FINANCIAL IMPACT There will be no impact to the general fund. RECOMMENDATION Council is being asked to approve the Resolution to formally establish a Title VI Program and consider this item at the November 25, 2019, Committee of the Whole meeting and subsequent December 2, 2019, Regular Meeting. ATTACHMENTS Attachment A: Resolution Attachment B: 2019 City of Tukwila Title VI Program 51 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING ADOPTION OF A TITLE VI PROGRAM AND THE REPORTING REQUIREMENTS AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, Title VI of the Civil Rights Act of 1964 is a federal statute that provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance; and WHEREAS, all programs receiving financial assistance from the Federal Transit Administration (FTA) are subject to Title VI and the U.S. Department of Transportation's implementing regulation at 49 CFR part 21; and WHEREAS, the City of Tukwila is a recipient of financial assistance from the FTA through its financial agreements with King County, and WHEREAS, the FTA requires that all recipients of financial assistance from the FTA document their compliance by adopting a Title VI program; and WHEREAS, King County has requested that the City of Tukwila, as a sub -grantee, comply with this requirement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Tukwila Title VI Program, attached hereto as Appendix A, is adopted. Section 2. This resolution shall be effective immediately upon passage. W:\Legislative Development\Title VI Program adopted 11-8-19 AT:bjs Review and analysis by Barbara Saxton Page 1 of 2 53 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of )2019. ATTEST/AUTH ENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Kathy Hougardy, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment: Exhibit A-2019 City of Tukwila Title VI Program W:\Legislative Development\Title VI Program adopted 11-8-19 54 AT:bjs Review and analysis by Barbara Saxton Page 2 of 2 Exhibit A 2019 City of Tukwila Title VI Program Introduction The City of Tukwila ("City") is a Federal Transit Administration sub -grantee to King County. King County Metro contracts with the City to fund commuter incentives, employer programs, and other transportation demand management efforts. The City does not directly provide any transit service. To meet certain Title VI program requirements, the City has its own procedures such as a complaint process and public participation. The City will rely upon the analysis and overall program efforts conducted by King County Metro to meet requirements, e.g. Limited English Proficiency. Since the City does not operate any transit service, this plan only addresses the General Reporting Requirements. General Reporting Requirements A. Title VI Notice to the Public The City of Tukwila notifies the public that it complies with the requirements of Title VI and related statutes and regulations. Notices are posted in City Hall and on the program website. The wording of the notice follows: The City of Tukwila hereby gives public notice that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, Executive Order (E.O.) 12898, and related statutes and regulations in all programs and activities. Title VI requires that no person in the United States of America shall, on the ground of race, color, national origin, or sex be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the City receives federal financial assistance. Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City of Tukwila. Any such complaint must be in writing and filed with the office of the City Clerk within 180 days following the date of the alleged discriminatory occurrence. B. Title VI Complaint Procedures and Form A Title VI complaint form and instructions for filling out a Title VI complaint can be obtained from the City Clerk's Office. A copy of the complaint form is in Appendix A along with the instructions for completing the form. 55 C. Title VI Investigations, Complaints, and Lawsuits The City of Tukwila has had no Title VI complaints related to transit during the past three years. D. Public Participation Plan The City of Tukwila fully encourages public involvement and participation in decision -making processes. As part of the King County Department of Transportation work plan for public transit projects, the City adopts the public participation plan of King County Metro Title VI Program Report and will coordinate with King County Metro in public participation efforts related to transit projects being managed by the City of Tukwila. E. Language Assistance Plan The City relies upon the limited English proficiency analysis conducted by King County. Additional limited English proficiency compliance research conducted by the City of Tukwila indicates that the most prevalent non-English languages spoken in Tukwila are Spanish, Vietnamese and Somali. The City contracts with Language Line Solutions to provide interpretations free of charge for customers/residents in need of services. Language Line translates more than 240 languages 24 hours a day, 7 days a week. F. Monitoring Sub -recipients The City has no sub -recipients. It will cooperate with King County Metro in providing information and attending meetings as required by King County Metro in its monitoring procedures of our efforts. G. Review of Facilities Constructed The City did not build any storage facilities, maintenance facilities or operations centers and did not modify any facilities that require a Title VI analysis. H. Documentation of Governing Body Review and Approval of the Title VI Program. On December 2, 2019, the City Council adopted this Title VI program. The documentation of approval is found in Appendix B. 56 2 Appendix A TITLE COMPLAINT PROCESS AND FORM COMPLAINT OF TITLE VI DISCRIMINATION AGAINST THE CITY OF TUKWILA, WASHINGTON Who can file a Title VI complaint? • A person who believes he or she has experienced discrimination based on race, color, national origin or sex as provided by Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987. • Someone may file on behalf of classes of individuals. How do I file a complaint? • Fill out this form completely to help us process your complaint. Submit the completed form to the City Clerk's Office within 180 calendar days of the alleged discriminatory act. What happens when I file a complaint? • The City will send you a written receipt of your complaint and will forward a copy of your completed complaint form to the City department named as Respondent. The City will designate a person to facilitate and coordinate responses to your Title VI complaint, and this person will contact you. The duties of this individual include but are not limited to: • technical assistance to the department on requirements and regulations • coordination of meetings between the parties, if needed • monitoring completion of any future activities included in a complaint response • other services as requested or deemed appropriate Following an investigation of the complaint, the City will send you a letter of resolution. What if I don't agree with the department's letter of resolution? A complainant who does not agree with the letter of resolution may submit a written request for a different resolution to the City within 30 days of the date the complainant receives the City's response. Do I need an attorney to file or handle complaint? No. However, you may wish to seek legal advice regarding your rights under the law. Return this form to: City of Tukwila City Clerk's Office P.O. Box 97010 Tukwila WA 98073-9710 Telephone: 425-556-2190 Email: CityClerk@Tukwila.Kov 57 COMPLAINT OF TITLE VI DISCRIMINATION AGAINST THE CITY OF TUKWILA, WASHINGTON Complainant Contact Information Name Street address/City/State/Zip code Work phone #/Home phone #/Mobile phone # Email address Additional mailing address If you are an inmate at a county correctional facility, include your BA number here Aggrieved party contact information (if different from complainant): 10FToirc, Street address/City/State/Zip code Work phone #/Home phone #/Mobile phone # Email address 58 4 Name of respondent — City of Tukwila, Washington Department or agency (if known) Address/location (if known) Date of Incident Statement of Complaint— Include all facts upon which the complaint is based. Attach additional sheets if needed. believe the above actions were taken because of my: Race National Origin Religion Color Sex Other Name, position, and department of City employees you have contacted regarding the incident(s). 59 Witnesses or other involved — provide name, address, telephone number(s) and e-mail (if available). Attach additional sheets if needed. If you have filed a grievance, complaint or lawsuit regarding this matter anywhere else, give name and address of each place where you have filed. Attach additional sheets if needed. In the complainant's view, what would be the best way to resolve the grievance? affirm that the foregoing information is true to the best of my knowledge and belief. I understand that all the information becomes a matter of public record after the filing of this complaint. Complainant Aggrieved Party Date Date 60 6 Appendix B City Approval of Title VI Program 61 62 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes November 19, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Acting Chair Dennis Robertson, Verna Seal, De'Sean Quinn Staff: David Cline, Henry Hash, Gail Labanara, Han Kirkland, Ryan Larson, Peter Lau, Cyndy Knighton, Alison Turner, and Chris Andree CALL TO ORDER: Acting Committee Chair Robertson called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Transportation Demand Management (TDM) Agreement 2020 Staff is seeking Council approval of an agreement with King County Metro to accept $75,000 in pass through funding from the Transportation Demand Management Corridor Strategies Supporting Centers Federal Congestion Mitigation and Air Quality grant. Funding will be used to continue TDM activities in South King County and no City match is required. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 2, 2019 REGULAR CONSENT AGENDA. B. Resolution: Title VI Program Staff is seeking Council approval of resolution thatwould formally establish a TitleVl Program as requested by King County Metro. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program receiving federal funding. While some TitleVl elements are already implemented in the City, the Program has not been formally adopted. In 2020, staff will further develop an organization -wide Title VI Program that meets all federal requirements. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. C. Contract Amendment: Public Works Shops Phase 1 Staff is seeking Council approval of Amendment No. 2 to Contract 18-197 in the amount of $570,768 with SHKS Architects to design the Fleet and Facilities Building tenant improvements as part of the Public Works Shops Phase 1. SHKS completed the Master Planning effort and this amendment will design the necessary improvements including seismic retrofit, interior and exterior improvements, upgrades to HVAC, mechanical, electrical, and storm drainage systems. The seismic upgrades consists of seismic strengthening of the building to meet ASCE 41-13 analysis requirements for Life Safety performance. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. 63 RUN COUNCIL AGENDA SYNOPSIS --------Tnitials-------------------- -- I ITEM NO. Nfeetin Date Prepared ! y Ma V r Is review Cowied review 11/25/19 EC AY 12/02/19 EC ITEM INFORMATION 4.E. S'I'AF SPONSoiZ: ERIC COMPTON/JOSEPH TODD 11/25/19 AGI.NI�n hrl,ni Trn,i=. Small Cell Master License Agreement C 'I'F.GORY ® Discussion Mlg Date 11/25/19 ❑ Motion Altg Date ® Resolution Mtg Date 1212119 ❑ Ordinance AVS Date ❑ .Bid-�J)vard AItg Date ❑ Public Hearing Mtg Date ❑ Other AV Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ®TS ❑P&R ❑Police ®PIV ❑Court SPONSOR'S Wireless companies can, by FCC ruling, use City facilities (poles) for 5G wireless Su�II`InRY implementation. If Cities do not meet timelines to enable the wireless companies to implement 5G small cell facilities the wireless companies can act without permission to install equipment. Requesting consideration of a Council resolution adopting the use of a Master License Agreement template for agreements with Franchisees, and forward this proposal to Committee of the Whole on 11/25/19 and the Regular Meeting of 12/02/19. RI VTI;WLa BY ❑ C.O.W. Mtg. ® CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/13/19 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Technology & Innovation Services CONE ","'I"I" Community Development & Neighborhoods COST IMPACT / FUND SOURCE EXPI-,NDITURI-� RI;OUIRF?D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/25/19 Forward to Regular Mtg. 12/ 2/ 19 MTG. DATE ATTACHMENTS 11/25/19 Informational Memorandum dated 11/13/19 w/ attachments Draft Resolution Minutes from the CDN Committee of 11/13/19 12/2/19 Final Resolution 65 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Safety Committee FROM: Joseph Todd (TIS) BY: Eric Compton (TIS) CC: Mayor Ekberg DATE: November 13, 2019 SUBJECT: Small Cell Master License Agreement ISSUE Wireless companies can, by FCC ruling, use City facilities (poles) for 5G wireless implementation. If Cities do not meet set timelines to enable the wireless companies to implement 5G small cell facilities (60 days pre-existing facilities, 90 days for new facilities) the wireless companies can act without permission to install equipment. It is imperative that the City create design standards and a process for quick approval to maintain City aesthetics, protect City -owned assets, and provide best service for residents. BACKGROUND Wireless carriers have good working relationship with the City, and all have Franchise Agreements in place to operate in the right-of-way. All wireless carriers will be seeking to implement new 5G technology. 5G technology has limited range and operates in different frequencies than 4G or 3G making building penetration difficult to impossible. To meet consumer demand for 5G, carriers will be seeking to implement wireless equipment on poles with far less space between than previous installations. Small cell sites can be just a few hundred feet away for each carrier with other carriers in between. The potential impact/utilization of City equipment could be substantial. DISCUSSION Master License Agreements (MLA) between the City and Franchisees establish requirements, roles, responsibilities, and outline compensation and approval processes between the City and Franchisees for the use of City -owned facilities (poles) Enacting a resolution to adopt a Master License Agreement template would expedite the approval process and enable carriers to quickly implement small cell facilities by following City pre -approved standards, including adhering to Public Work's design standards. This expedited service would allow the City to meet FCC set timelines to enable the wireless companies to implement 5G small cell facilities. FINANCIAL IMPACT Current lease rates are capped by the FCC at $270 per year per site. This cap is being challenged and if overturned, the proposed Master License Agreement template has a provision to increase that rent to market value, which would be substantially more. (—$l000) Financial impact to Public Works could be incurred if right-of-way is not maintained or restored by contractors during installation of cell sites. Public Works is currently seeking higher bonding rates to help mitigate potential financial impacts to the City. 67 INFORMATIONAL MEMO Page 2 RECOMMENDATION The committee is being asked to consider a Council resolution adopting License Agreement template to establish an agreement with Franchisee ATTACHMENTS Resolution Master License Agreement template Design Standards s 68 Z:ICouncil Agenda ItemsUechnology ServiceslMemoSmallCellMasterLicenseAgreement.docx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE USE OF A MASTER LICENSE AGREEMENT TEMPLATE TO BE USED TO ESTABLISH AN AGREEMENT WITH FRANCHISEES OF THE CITY. WHEREAS, the City of Tukwila, hereinafter referred to as "City," has entered into Franchise Agreements with certain telecommunication companies, hereinafter referred to as "Franchisees," which, among other things, provide personal wireless service, including data transmission and other telecommunications services to customers in the Puget Sound region; and WHEREAS, the Franchisees require the use of certain portions of City -owned facilities, such as streetlight poles, traffic signal poles, etc. for the installation, operation, and maintenance of a telecommunications system; and WHEREAS, the City Council also recognizes that the aforementioned facilities are generally managed and administered by the Public Works Department under its Director; and WHEREAS, a Master License Agreement establishes requirements, roles, responsibilities, compensation, and approval processes between the City and Franchisees for the use of the aforesaid City -owned facilities (collectively referred to as "Parties"); and WHEREAS, a Master License Agreement template approved by the City Council will allow the Parties to expeditiously enter into a Master License Agreement using pre -approved language; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council approves adoption of a "Master License Agreement" in a form and substance as contained within the attached Exhibit A, in a final form and content acceptable to the City Attorney. W:\Legislative Development\Master License Agreement template -Franchisees 6-26-19 CK:bjs Review and analysis by Barbara Saxton Page 1 of 2 •• Section 2. The Mayor of the City of Tukwila, or their designee, is authorized on behalf of the City to sign the Master License Agreement in a form and substance substantially the same as contained within the attached Exhibit A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12019. ATTEST/AUTH ENT CATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Kathy Hougardy, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment: Exhibit A —Master License Agreement for Small Wireless Facilities on City Facilities W:\Legislative Development\Master License Agreement template -Franchisees 6-26-19 CK:bjs Review and analysis by Barbara Saxton 70 Page 2 of 2 MASTER LICENSE AGREEMENT FOR SMALL WIRELESS FACILITIES ON CITY FACILITIES This MASTER LICENSE AGREEMENT FOR SMALL WIRELESS FACILITIES ON CITY FACILITIES hereinafter ("Master License") is entered into by and between the City of Tukwila, a municipal corporation of the state of Washington (the "City"), and iinsert compares ruune; (the "Company") (each a "party" and collectively the "parties"). RECITALS WHEREAS, the City owns and controls certain City Facilities (defined below) in public rights of way (ROW); and WHEREAS, the Company is engaged in the operation of communications technology and desires to license from the City, and the City is willing to license the City Facilities (defined below) as authorized in Chapter 11.32 of the Tukwila Municipal Code (TMC); and WHEREAS, this Master License applies only to the installation of Small Wireless Facilities (defined below) on and to City Facilities which, at a minimum, comply with the requirements of Title 11 and Title 18 of the TMC subject to the terms and conditions of this Master License. The parties agree as follows: 1. Definitions 1.1. "City Facility(ies)" means collectively City Poles, strands between City Poles, and portions of the right-of-way required for ground -based SWF equipment, which support small wireless facility components, and Other City Structures as defined in Section 1.10. "City Facility(ies)" may refer to such facilities in the singular or plural, or replacement facilities that are not city poles, as appropriate to the context in which used. 1.2. "City Poles" means City owned and maintained street poles within publicly owned right of way. 1.3. "Design Standards" has the same meaning as "Development Standards" as set forth in TMC Chapter 11.040, as adopted or hereinafter amended. Master License Agreement —Small Wireless Facilities Template pg 1 71 1.4. "Laws" means any and all applicable statutes, codes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, court orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Master License as such laws may be amended from time to time. 1.5. "Make -Ready Work" means the work required on or in a City Facility to create space for the Small Wireless Facilities (SWF), which may include but is not limited to replacing and/or reinforcing the existing City Facility to accommodate SWF, or rearrangement or transfer of existing SWF and the facilities of other entities, including any necessary fiber connections and electrical power, as further described in Section 12. 1.6. "Rent Commencement Date" is the earlier of first day of the month of which the Company commences construction of the SWF governed by a specific Site License or 90 calendar days from the day on which the Company and the City fully execute a specific Site License. 1.7. "Franchise Agreement" refers to a non-exclusive Franchise Agreement in effect as adopted by Ordinance by the City Council. 1.8. "Site License" means the document in the form substantially similar to Exhibit A that, when fully executed by both parties, is subject and subordinate to the provisions of this Master License and authorizes the Company to attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace specific SWF on specific City Poles together with City Facilities (if any) as identified in the specific Site License subject to the Master License. 1.9. "Small Wireless Facilities" or "SWF" has the same meaning as set forth in 47 CFR 1.6002, as adopted or hereinafter amended. 1.10 "Other City Structure(s)" means pole(s) supporting one or more traffic signals, flags, banners and/or signage; street furniture; trash receptacle(s); bus stop(s); and any other similar structure(s) capable of accommodating a SWF. 2. City Facilities 2.1. The City represents as follows: 2.1.1. It owns, or will own, the City Facilities and all appurtenances as of the date that the respective Site License is fully executed and delivered by the City; 2.1.2. It is fully authorized to enter into this Master License; and 2.1.3. The individual executing this Master License is authorized to bind the City to the provisions hereof. 72Master License Agreement —Small Wireless Facilities Template pg. 2 2.2. The City hereby licenses to Company a portion of City Facilities as identified in each fully executed Site License, incorporated herein by reference, together with non-exclusive access rights to those City Facilities, sufficient for Company's use of those City Facilities subject to the applicable Site License. 2.3. To the extent permitted under applicable law, the City's municipal functions or proprietary interests are not subordinated in any way to the Company's interest under this Master License or Site License. If the City determines that the usage of City Facilities is not feasible or not in the best interest of the City due to the City's municipal obligations or proprietary interests, the City in its sole discretion and decision being final may deny the Master Licensee's request to use the City Facilities proposed in a Site License submitted pursuant to Section 24 below. 2.4. Prior to any use of the City Facilities by Company, Company must satisfy the requirements set forth in Section 24.1 and both parties must have executed a Site License in the form substantially similar to Exhibit A. Upon review by the City of materials submitted for a Site License, the City may deny the installation of SWF or require additional terms and/or conditions to determine whether the proposed SWF will comport with this Master License, the Design Standards, or to address health, safety, or other aesthetic concerns. 2.5. Each City Facility is offered on an "as is" basis, in its present condition. 2.6. The authority granted by this Master License is a limited, non-exclusive authorization to occupy and use designated space on certain City Facilities as identified and approved by a Site License. All Site Licenses are subject and subordinate to the terms and conditions of this Master License. Such use must be in compliance with the Licensee's Franchise, the TMC and all Laws. 2.7. No reference to City Facilities shall be deemed to be a representation or guarantee by the City that its interests or other rights to control the use of such property is sufficient to permit its use for the purposes described herein, and Company shall be deemed to gain only those rights to use as are properly held by the City and as City may have the undisputed right and power to give. This Master License is made subject to all easements, restrictions, conditions, covenants, encumbrances, and claims of title which may affect said City Facilities, and it is understood that Company, at its own cost and expense, shall obtain such other permissions, as may be necessary, consistent with any other existing rights. No warranty of quiet title is made. 2.8. Nothing contained within this Master License shall be construed to grant or convey any right, title, or interest in the City Facilities to the Company other than for the purpose of placing and operating the SWF. Further, nothing in this Master License shall be interpreted to create or vest in Company any easement or other ownership or property interest or other right to any City Facilities, property, or public ROW. This Master License shall not constitute an assignment of any City's rights to City Facilities, property, or public ROW. 2.9. If any provision of this Master License or the applicable Site License conflicts or is inconsistent with the terms, conditions or requirements of the Design Standards, then the stricter term shall have precedence. Master License Agreement —Small Wireless Facilities Template p& 3 73 3. Allowed Use 3.1. Company may attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate, and replace, at Company's sole responsibility and expense, the SWF subject to this Master License, the applicable Site License, and compliance with the Design Standards. Company shall not use the City Facilities for any other purpose whatsoever without the prior written consent of the City. 3.2. Licensee is solely responsible for procuring electricity for its SWF and directly paying its chosen electricity provider for such services. The City is not responsible for managing Licensee's electricity needs, payments, or for supplying electricity to the SWF. Where possible when deploying SWF, Licensee shall procure unmetered electricity services. 3.3. Company represents, warrants and covenants that SWF installed pursuant to this Master License will be utilized solely for providing telecommunications services and Company is not authorized to and shall not use its SWF to offer or provide any other services not specified herein without prior written permission or agreement from the City. A telecommunications service, for purposes hereunder, is the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signal to a point or between or among points. Telecommunications services shall not mean or include cable television services or services other than personal wireless services. 3.4. Company, in the performance and exercise of its rights and obligations under this Master License, shall not interfere in any manner with the existence and operation of any and all existing and future public and private rights -of -way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities that are pre-existing at that location, electroliers, cable television, location monitoring services, public safety and other than existing telecommunications equipment, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Master License. 3.5. In no event shall Company install, operate, modify, maintain or remove any SWF on any City Facilities except in compliance with the terms of this Master License and the applicable Site License. Company's violation of the provisions of this Section beyond applicable notice and cure periods is an event of default and grounds for termination in accordance with Section 26 of this Master License or the Site License. 4. Effective Date. All references in this Master License to the "Effective Date", "the date hereof', or similar references shall refer to the date the Master License was fully executed by both Parties. 74.Master License Agreement —Small Wireless Facilities Template pg. 4 5. Term The term of this Master License shall commence on the Effective Date and shall expire 10 years from Effective Date (the "Term"). If Company desires to renew this Master License, it shall file a renewal application with the City between 180 days and 120 days prior to the expiration of the existing term. Company must also have renewed or applied to renew the Franchise Agreement. In the event of such filing, the City may extend the term of this Master License for up to one year beyond the expiration date to allow processing of renewal. If City elects to extend the term of this Master License, written notice of the extension shall be provided to Company prior to the expiration date. The Site Licenses shall not extend this Master License. The term of any Site License shall be 10 years, or coextensive with the Term of this Master License, whichever is longer. All Site Licenses terminate with the expiration or termination of this Master License. 6. Compensation 6.1 One -Time Fees. The City activities described in subsections 6.1.1 and 6.1.2 below are "One -Time Fees". The City shall track its time spent reviewing the Company submittals for Site Licenses and associated permit activities described in subsections 6.1.1 and 6.1.2 below, and charge its hourly rate for each hour spent. The hourly rate for One -Time Fees shall be assessed and administered consistent with standard City practice and fee schedule(s) as currently adopted and subsequently amended or replaced, in a manner consistent with applicable law. 6.1.1. Master License Fee. Company shall be responsible for paying all actual and documented costs associated with City review and processing of this Master License and Site Licenses (or any amendment thereto) and/or the other administrative review, consultation and inspection described in this Master License, including review of Company submittals (the "License Fees"). Company shall have the right to amend the Site License to correct errors or provide additional information. 6.1.2. Permit Fees: Company shall be responsible for paying all actual and documented costs associated with City review, processing and inspection as part of all permit applications filed for the installation, modification, maintenance and removal of SWF. 6.2 Recurring Fee: 6.2.1. Rent. Company acknowledges that the FCC has adopted a Declaratory Ruling (FCC 18-133) that relates to the rent but that Declaratory Ruling is currently the subject of litigation. Subsections 6.2.2 and 6.2.3 govern the payment of rent and how it may be impacted by the coming into effect of the Declaratory Ruling and the resolution of related litigation during the Term and any Renewal Terms. Master License Agreement —Small Wireless Facilities Template pg. 5 75 6.2.2. During any period in which the Alternate Rent provisions in subsection 6.2.3 are not applicable, the Company shall pay Rent as described in this paragraph. For Site Licenses executed by both parties in 2019, Company shall pay to the City the base amount of $270.00 per calendar year for each City Pole covered by a Site License (i.e. Site Licenses may include more than one City Pole), and such base amount shall be increased on January 1 of each calendar year after 2019 by the Average CPI Increase, defined below (the "Rent"). For Site Licenses executed by both parties in 2020 and subsequent years, the base amount of rent shall commence at the Rent, as adjusted annually by the Average CPI Increase, to reflect the then -current rate. The first payment of Rent shall be paid on the Rent Commencement Date. Every payment of Rent, after the first payment, shall be due and payable in advance on January 1 of each calendar year throughout the term of each such Site License. There shall be no refunds of Rent paid due to the termination or expiration of the Master License for any reason. 6.2.3. Alternate Rent. In the event the relevant provisions of the FCC Declaratory Ruling cease to be effective by a final order, (for example, they are vacated or invalidated and have not been replaced by the FCC with an alternative provision setting a specific amount as Rent) and continuing for so long as no legal or regulatory requirement exists that would constrain or otherwise limit the Rent that the City may charge Company for the right to place small cells on the City Facilities, the parties agree that Rent shall increase to the fair market value for the use of the City Facilities as determined by the City ("Alternate Rent"). If the Company disagrees with the Alternate Rent amount, it may utilize the arbitration process described in RCW 35.21.860. The Alternate Rent shall be due 60 days after the date on which the City issues the fair market value rent calculation, or, if Company utilizes the arbitration process, then 60 days after the final arbitration decision regarding the amount of Alternate Rent, and may include rental amounts for the time period dating back to the date the relevant provisions of the FCC Declaratory Ruling ceased to be effective. In the event that a subsequent legal or regulatory requirement becomes effective that would constrain or otherwise limit the Rent that the City may charge Company for the right to place small cells on the City's property in the public right-of-way, the parties agree that Alternate Rent shall again be adjusted to comply with such legal or regulatory requirement upon its effective date. The Alternate Rent shall be increased on January 1 of each calendar year by the Average CPI Increase. For Site Licenses executed by both parties in 2020 and subsequent years, the base amount of rent shall commence at the Alternate Rent, as adjusted annually by the Average CPI Increase, to reflect the then - current rate. Alternate Rent for the first calendar year of a Site License for each individual City Pole shall be pro -rated based on the number of days covered from the Rent Commencement Date to December 31. The first payment of Alternate Rent shall be paid on the Rent Commencement Date. Every payment of Alternate Rent, after the first payment, shall be due and payable in advance on January 1 of each calendar year throughout the term of each such Site License. There shall be no refunds of Alternate Rent paid due to the termination or expiration of the Master License for any reason. 6.2.4. The City agrees that, irrespective of whether the relevant provisions of the FCC Declaratory Ruling (FCC 18-133) ceases to be effective, no Alternate Rent shall be due for any periods during which the relevant provisions of the FCC Declaratory Ruling were in effect. However, if Company has paid Rent pursuant to the provisions of subsection 6.2.2 above for a calendar year, and the relevant provisions of the FCC Declaratory Ruling subsequently cease to 78v(aster License Agreement —Small Wireless Facilities Template pg 6 be effective during the same calendar year, the Company shall pay the difference between the Rent and the Alternate Rent for the period from the date the relevant provisions of the FCC Declaratory Ruling ceased to be effective, until December 31 of that year ("Rent Adjustment"). Such Rent Adjustment shall be paid to City on January 1 of the following year. 6.2.5. "Average CPI Increase" means the rolling 5 year average annual percentage increase in the Consumer Price Index for All Urban Consumers (Seattle -Tacoma- Bellevue, WA) (CPI-U) preceding the January 1 when the increase is being applied to the Rent and the Alternate Rent, calculated by adding the annual percentage increases reported by the U.S. Bureau of Labor Statistics as of October of the relevant years, dividing by five, and rounding to the nearest tenth of a percent. For example, the Average CPI Increase calculated for adjusting Rent/Alternate Rent on January 1, 2019 is 2.4% (based on the average of the following annual increases: October 2018 at 3.1 %; October 2017 at 3.0%; October 2016 at 2.4%; October 2015 at 1.2%; and October 2014 at 2.1%, yielding 2.36%). 6.2.6. Rent or Alternate Rent shall be delivered or mailed to the Tukwila Finance Department located at: 6200 Southcenter Boulevard, Tukwila, WA 98188. Rent payment must reference the City Pole Identifier, Company's site ID# and Site License Permit Number. 6.2.7. Receipt of any Rent or Alternate Rent by the City, with knowledge of any breach of this Master License by Company, or of any default on the part of Company in the observance or performance of any of the conditions or covenants of this Master License, shall not be deemed a waiver of any provision of this Master License. 6.2.8. If any sums payable to City under this Master License are not received by the City on or before the 1 Oth day following its due date, Company agrees to pay a late fee of 5% of the unpaid Rent or Alternate Rent for all Site Licenses for which payment was not received. Where a check is returned to the City by a bank or other financial institution with the indication that the check cannot be honored, there shall be a fee assessed to Company based on the current statutory maximum allowed. City and Company agree that such charges represent a fair and reasonable estimate of the costs incurred by City by reason of late payments and uncollectible checks, and the failure by Company to pay any such charges by no later than 30 days after Company's receipt of written demand therefore by City shall be a default under this Master License. City's acceptance of less than the full amount of any payment due from Company shall not be deemed an accord and satisfaction, waiver, or compromise of such payment unless specifically agreed to in writing by City. 7. Taxes, Assessments and Utilities In addition to the Rent, Company shall pay when due directly to the applicable authority all applicable taxes arising with respect to Company's activities and business under this Master License including, without limitation, paying to the City the utility tax as defined in TMC Chapter 3.50 and any other taxes, fees, charges or assessments that may be due. Master License Agreement —Small Wireless Facilities Template pg. 7 77 8. Permits 8.1. Prior to performing any construction, maintenance or repair work on the City Facilities, the Company shall secure all necessary federal (including any FCC or FAA requirements), state and local licenses, permits and approvals, including but not limited to, a Franchise Agreement, land use permits/approvals as required, ROW Use permits, traffic control plans, proof of agency and permits for the construction and operation of the SWF or installation of a replacement pole (collectively referred to hereinafter as "Government Approvals") at its sole expense. No Government Approval shall be considered a substitute for a City approval required by this Master License, and no approval granted under this Master License shall be considered a Government Approval. 8.2. Company must obtain Governmental Approvals for each Site License prior to the commencement of any build -out of the SWF and within 12 months after the effective date of the Site License. The Site License shall automatically terminate on the expiration of such 12 month period if the necessary Government Approvals are not obtained; provided, however that such 12 month period may be extended upon approval by the City, which approval shall not be unreasonably withheld, delayed or conditioned. 9. Non -Interference with City Facilities 9.1. Outside the use of the City Facilities for the City's primary service obligations and historic uses, and as required for public health and safety, the City shall not use the City Facilities, that are subject to any Site License in any way that materially interferes with the operations of Company authorized by such Site License. Such interference shall be terminated within 72 hours of written notice. Notwithstanding the foregoing, nothing in this Section shall be construed to imply that Company is seeking or entitled to a license with the City that will interfere with the primary service obligations and historical or planned uses of the City Facilities by the City. 9.2. To the extent any SWF interferes or disturbs equipment owned by any third party, Company shall notify such third party directly and shall make good faith efforts to resolve the matter with such third party prior to involving the City. 10. Interference 10.1. Company shall not place SWF in any manner or in any location that would cause degradation in the operation or use of communications systems, data/telemetry, or street lighting at the City Facilities which serve the City or other pre-existing users, including but not limited to Puget Sound Emergency Response Network (PSERN) or its successor entity. This would include but not be limited to impacting the received or transmitted signal strength or patterns of any systems at the site serving the needs of the City. If such interference has not been corrected within 30 days of Company's receipt of the initial written notice from the City, Company or City may terminate the applicable Site License, or terminate the Site License to the extent applicable to the interfering SWF, upon 30 days' written notice to the other party and neither party shall 78master License Agreement —Small Wireless Facilities Template pg. 8 have any further obligations or responsibilities under the Site License. Notwithstanding anything else in this Section, if at any time the operation of SWF interferes with the reception or transmission of public safety communications, Company shall immediately cease operation of the interfering SWF until such time as the interference is corrected. 10.2. In the event of an emergency or to protect the public health or safety, prior to the City accessing or performing any work on a City Facility on which Company has installed SWF, City may require Company to deactivate such SWF if any of the City's employees or agents must move closer to the SWF than the Federal Communication Commission ("FCC") recommended minimum distance. In such case, the City will contact Company as per Exhibit B to request immediate deactivation. Company's SWF shall include an emergency override switch for use by the City that would turn off the system in case of a public safety emergency that presents the threat of immediate and irreparable harm, such that notification to Licensee is not feasible or practical. Once the work has been completed and worker(s) have departed the exposure area, the party who accomplished the power -down shall cause power to be restored and inform the Company as soon as reasonably possible that power has been restored. 10.3 Notwithstanding anything to the contrary in this Master License, the parties acknowledge that: (a) the non-interference rules, regulations and policies of the Federal Communications Commission apply to this Master License; and (b) if Company informs City that a subsequent use is creating irreconcilable interference, and the City is in privity of contract with such subsequent user, the City will use commercially reasonable efforts to assist Company in resolving such interference, which assistance may include requesting that the user modify or remove its equipment to eliminate the interference. 11. Compliance with Laws, Hazardous Materials 11.1. Company shall, at all times and at its sole responsibility and expense, comply with all applicable Laws relating to the installation, operation, maintenance, repair and/or removal of the SWF, including FCC regulations for compliance with limits on human exposure to radio frequency (RF) emissions. Company shall defend, indemnify and hold harmless the City and its employees and agents against any claims arising from any violations by Company, its agents or employees, of any such Laws. The indemnity provision of this paragraph shall survive the termination or expiration of this Master License. 11.2. RF Exposure Compliance. Company's SWFs must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate exposure to radio frequency (RF) emissions. Company or its representative shall include in any application for a Site License certification that the SWF(s) will comply with applicable RF emissions limits, and at the City's written request, must conduct on -site post -installation RF emissions testing in accordance with applicable rules, and certify actual compliance with the applicable RF emissions limits for general population/uncontrolled RF exposure, and provide a copy of such post -installation compliance report to the City. Master License Agreement —Small Wireless Facilities Template Pg.9 79 11.3. Company shall not use the City Facilities for any illegal purposes nor violate any applicable law, nor cause or permit any nuisance, nor trespass, nor do any act on the City Facilities that would increase the rate of insurance thereon; nor deface, damage or overload the structural components of any structures or City Facilities. 11.4. Company shall not cause or permit any Hazardous Materials (defined below) to be brought upon, stored, used, released or disposed of on the City Facilities that would cause the City Facilities to be in violation of any applicable Laws or would require remediation or correction to the City Facilities. 11.5. "Hazardous Materials" means any dangerous, toxic or harmful substance, material or waste that is or becomes regulated by any local government authority, the State of Washington, or the United States Government due to its potential harm to the health, safety or welfare of humans or the environment. Company shall be responsible for all spills or other releases of any Hazardous Materials that may occur on the City Facilities arising out of Company's activities or caused by the Company, its employees, contractors, subcontractors, or invitees; and, at Company's cost, shall promptly conduct any investigation and remediation as required by any applicable Laws, at Company's sole cost. 11.6. Company shall indemnify, defend and hold harmless the City from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses, including without limitation, diminution in the value of the City Facilities, damages for loss or restriction of use of the City Facilities, and sums paid in settlement of claims, reasonable attorneys' fees, consultant and expert fees, investigation, clean-up, remediation or other costs incurred or suffered by the City, arising out of any use, storage, release or disposal of Hazardous Materials by Company, its employees, contractors, subcontractors, or invitees. This indemnification shall survive the termination or expiration of this Master License. 12. Make Ready 12.1. Company shall bear all costs for all Make -Ready work, including installing SWF and replacing or retrofitting existing City Facilities. Such costs shall include, but are not limited to, costs for dismantling or removal of the existing City Facilities and appurtenances in compliance with the TMC, removal and replacement of foundation, replacement streetlight, replacement of junction boxes to non-skid boxes, additional conduit if needed, and geotechnical analysis (as appropriate for soil and foundation stability, etc.), replacement of hardscape, vegetation or other existing urban design features impacted by the work. Any such replacement shall be subject to prior approval by the City and approved as part of the Site License. If Company or a person other than City or Company acting on Company's behalf would have to rearrange or adjust any of its facilities in order to accommodate SWF, Company shall be responsible, at Company's sole expense, to coordinate such activity. Company shall be responsible for directly paying such other person for its charges for the same. 8(Yaster License Agreement —Small Wireless Facilities Template pg. 10 12.2. The SWF shall be conditioned on the completion of all Make -Ready Work needed to establish full compliance with NESC, and with City's regulatory rules and engineering and plan standards. If Company is requested by another person, in comparable circumstances, to relocate or adjust any SWF to accommodate that person's facilities, subject to City's written approval of such relocation, Company shall reasonably cooperate with such request, at no cost to Company. 12.3. Within 20 business days of completing Make Ready, Company shall notify City of such completion. 12.4. Upon inspection and acceptance by the City, the Company agrees to assign ownership of any replacement pole (together with the foundation and related access conduits, handholds, etc.) to the City, and prepare any ancillary documentation or agreement. City may require Company to deliver written evidence (reasonably acceptable to the City) of the deed of dedication of the replacement pole (together with the foundation and related access conduits, handholds, etc.), along with the assignment of any warranties applicable to the replacement pole, including, without limitation, manufacturer's, installation, and other service provider warranties. 12.5. Where City approves the installation of a replacement pole, the pre-existing pole and foundation must be removed, to the extent required by the City, by Company within 30 days after the installation of the replacement pole and restored to a condition equal to or better than existed prior to such removal. 13. Company Maintenance 13.1. Company shall, at its sole cost and expense and to the reasonable satisfaction of the City: (a) remove, repair or replace any of its SWF that is damaged or becomes detached; and/or (b) repair any damage to the ROW, City Facilities, or other property, whether public or private, caused by Company, its agents, employees or contractors in their actions relating to attachment, operation, repair or maintenance of SWF. Company shall complete such removal, repair, or replacement within 30 days of receipt of the City's written notice. 13.2. Company shall perform any SWF normal/regular maintenance consistent with the terms of its programmatic ROW Use Permit during such hours that will minimally interfere with the City's primary use of the City Facilities; provided further that Company shall be permitted access to the SWF without being required to give notice in the event of an emergency, provided that the Company shall submit to the City, no later than 15 days after the emergency, a written report describing the emergency and the reason(s) why immediate access to the City Facilities was required. In the event of: (i) a public emergency, such as, but not limited to, road failure, evacuation, natural disasters, hazardous substance spills, fatal accidents; and/or (ii) during City use at the City Facilities, Company's access may, at the reasonable discretion of the City, be temporarily limited or restricted; provided, that any temporary limitation or restriction in Company's access shall be restored as soon as the circumstances shall allow, as determined by the City, in its sole discretion. Master License Agreement —Small Wireless Facilities Template pg. 11 81 13.2.1. Company shall designate a Network Operations Center (NOC), to serve as the primary point of contact for the City with regard to SWF maintenance and access. The contact information for such contact is attached hereto as Exhibit B. Company may modify the NOC or secondary contact information by providing notice to the City pursuant to Section 31.5. Company shall communicate and provide notice to the City staff designated on Exhibit B for all maintenance and access requirements. 13.2.2. Company shall meet with the City, and other telecommunications operators if necessary, upon request, to schedule and coordinate construction and maintenance of the City Facilities, site equipment and use of the ROW. 13.2.3. Outside of the City's regular business hours, Company shall be required to contact the on -call staff detailed on Exhibit B to make arrangements for City staff to provide access. Company shall be responsible for any costs incurred for the on -call time to respond to the after-hours access. Payment is due 60 days after receipt of invoice. 13.3. If Company does not remove, repair, replace, or otherwise remediate such damage to its SWF as required in Section 13.1, the City shall have the option to perform or cause to be performed such removal, repair, or replacement on behalf of Company and shall charge Company for the time and actual costs incurred by the City. If such damage causes a public health or safety emergency, as reasonably determined by the City in its sole discretion, the City may immediately and without notice perform reasonable and necessary repair or removal work on behalf of Company and will notify Company as soon as practicable; provided, such repair shall not include any technical work on the SWF. A public health and safety emergency for purposes of this section is defined as a condition as to immediately endanger the public right-of- way (such as obstructing the free passage of traffic) and/or the property, life, health, or safety of any individual. 13.4. Upon the receipt of a demand for payment by the City pursuant to this Section 13, Company shall within 30 days of such receipt reimburse the City for such costs. 13.5. The terms of this Section 13 shall survive the expiration, completion or earlier termination of this Master License. 14. Repairs byCity, Increased Maintenance Costs, Emergency Situations 14.1. Notwithstanding Sections 12 and 13, the City reserves the right to make alterations, repairs, additions, removals and improvements to all or any part of the City Facilities for any operational purpose. City shall make a good faith effort to give Company 72 hours prior notice of any City work if such work will impair the operation of the SWF. Such notice shall be given to the Company pursuant to Section 31.5. Further, City shall allow a representative of Company to observe the work and City shall take reasonable steps not to disturb Company's normal use of the SWF. Company's use of the City Facilities may not impede or delay City's authority and ability to make any changes to the City Facilities necessary to maintain street lighting or to continue with the historic purpose of the City Facilities. 82Master License Agreement —Small Wireless Facilities Template pg- 12 14.2. City shall have no duty to Company to make any repairs or improvements to the City Facilities. City is not responsible for any third -party damage to SWF. 14.3. The City retains the right and privilege to take proper emergency measures, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. If the City becomes aware of an emergency before the Company, then the City shall notify Company by telephone or e-mail promptly upon learning of the emergency and shall exercise reasonable efforts to avoid an interruption of Company's operations. 14.4. The City will not be liable in any manner, and Company hereby waives any claims, for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of the City's access to the SWF, including the removal of SWF from a City Facility in an emergency, except damage resulting directly and exclusively from the sole negligence or willful misconduct of the City or its agents and not contributed to by the acts, omissions, or negligence of Company, its agents, or contractors. 14.5. Company will turn antennas and other SWF producing radio frequency off, or authorize the City to do so, when the City performs any work on the City Facility. The City will endeavor to provide Company 72 hours advanced oral notice to Company of maintenance and installation work with estimated outage time and required power -down of the SWF. If the Company fails to turn off the SWF producing radio frequency, the City may take reasonable steps to turn them off. 14.6. City shall not be liable for any damages to any person or property, nor shall Company be relieved from any of its obligations under this Master License, as a direct or indirect result of temporary interruption in the electrical power provided to the City Facilities. Under no circumstances shall City be liable for indirect, special, incidental, or consequential damages resulting from such an interruption. 14.7. If the City, while making any repairs or improvements to City Facilities as described by this section, or conducting such emergency work as described by this Section, should incur any extra costs derived from the presence of SWF, then Company shall reimburse City for all reasonable costs associated therewith within 30 days of receipt of an invoice detailing costs. 15. Sub -licensing, Subleasing and Assignment by Company 15.1. The rights and privileges granted to Company as provided in this Master License may not be assigned or transferred to any other entity without written approval of the City, which shall not be unreasonably withheld, conditioned or delayed; provided, however, that upon written notice to the City, Company may assign or transfer the rights and privileges granted herein to any parent or subsidiary of Company, to an entity with or into which Company may merge or consolidate, to an entity which controls, is controlled by, or is under common control with such entity or to any purchaser of all or substantially all of the assets of Company in the market defined by the FCC in which the City Facilities are located without the requirement for City approval, so long as the successor provides written notice to the City that it is then fully Master License Agreement —Small Wireless Facilities Template pg. 13 83 liable to the City for compliance with all terms and conditions of this Master License. The Company shall reimburse the City for all reasonable costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Master License. 15.2. Company may assign this Master License in whole or in part for collateral security purposes. The Company shall provide prompt, written notice to the City of any such assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent (which City may withhold in its discretion) shall not be required unless and until the secured party elects to realize upon the collateral. In no event shall the City be required to obtain lender consent or to notify any lender to access the equipment or exercise any of its remedies in event of default. 15.3. Company need not own all components of SWF subject to this Master License, and may permit its customers to maintain ownership of disparate SWF components. However, (1) all SWF must be wholly under the control and management of Company; and Company shall be liable for all acts or omissions, and all harms associated with the SWF whether the same are its acts or omissions, or the acts or omissions of the owner of the SWF; (2) Company acknowledges and agrees that no rights of ownership in SWF by Company's customers shall permit any such customer to enter upon, or use any portion of the City' Facilities or the SWF, in any other manner or at any other place, including to add to, or modify or install SWF, which shall be Company's sole responsibility; and (3) in no event shall the City be required to obtain the consent or approval, or to provide any notice to any person or entity other than the Company related to this Master License. 16. Sub -Licensing and Assignment by City 16.1. Should the City sell, lease, license, transfer, or otherwise convey all or any part of the City Facilities that are the subject of this Master License to any transferee other than Company, such transfer shall be subject to this Master License. 16.2. The City retains the right to license or enter into any type of agreement for any portion of the City Facilities for any reason, including but not limited to, co -locating wireless facilities, provided such use will not unreasonably interfere with the Company's use of the City Facilities. 16.3. The City may transfer and assign its rights and obligations hereunder and no further liability or obligation shall thereafter accrue against the City hereunder, provided that the assignee or transferee assumes, in writing, all of the City's obligations under this Master License, which shall remain in full force and effect. 84Master License Agreement —Small Wireless Facilities Template pg. 14 17. Improvements, Fixtures and Personal Property: Inspection by City 17.1. The Parties agree that, notwithstanding any provision of statutory or common law, the SWF shall not become affixed to or a part of the City Facilities or any structure on the City Facilities, but shall remain the exclusive property of the Company. 17.2. Prior to installing any new SWF or other improvements on the City Facilities after the Effective Date or the effective date of any Site License, Company shall submit to the City for approval such information regarding the proposed work as the City may request, including, without limitation, plans and specifications of the planned modifications and Company's proposed schedule, for the City's written approval, and these plans shall include the results of the RF emissions tests consistent with the requirements of this Master License. 17.3. Prior to commencing any construction activities on the City Facilities, Company shall secure approval of the modifications and work schedule by the City, which approval shall not be unreasonably withheld, delayed or conditioned. During any construction activities by Company on the City Facilities, representatives of the City shall have the right to inspect any and all improvements and to require reasonable revisions to the Company's improvements to ensure that the respective uses of the City Facilities are compatible. 17.4. Any revisions to equipment after initial installation shall require an amendment to the Site License and payment of an Administrative Fee based on the hourly rates then in effect pursuant to the adopted fee schedule. Payment of this fee shall be due 30 days after receipt of invoice. Approval of the City under this Master License to such modifications does not relieve Company from obtaining permits and/or Governmental Approvals as necessary to commence such modifications. Replacement of like parts or modification during maintenance and repair is acceptable without specific approval under this Master License provided that: (a) such like -for - like replacement or modification does not change the visual appearance or size, or increase weight or noise of the SWF; and (b) Company provides written notice explaining in reasonable detail the nature of the parts replacement and/or other modifications within 10 business days of occurrence, including certification that the level of RF emissions exposure from the SWF remains within the limits for general population/uncontrolled population exposure. At the City's written request, Company must conduct a new on -site RF emissions testing in accordance with applicable rules, and certify actual compliance with the applicable RF emissions limits for general population/uncontrolled RF exposure, and provide a copy of such updated compliance report to City. 17.5. The City may from time -to -time access the City Facilities to inspect any work done by Company to ensure compliance with the approved plans and specifications, to require reasonable revisions to ensure that the respective uses of the City Facilities are compatible. This right shall not impose any obligation upon the City to make inspections to ascertain the safety of Company's improvements, SWF, or the condition of the City Facilities. Master License Agreement —Small Wireless Facilities Template pg. 15 85 18. Destruction of or Damage to the City Facilities 18.1. If the City Facilities or any structure on the City Facilities is destroyed or damaged by fire or casualty so as to render the City Facilities and/or SWF unfit for use by the Company, and if in the reasonable judgment of the City or Company, the damage cannot be repaired within 90 days following the date of such damage, either party may terminate the applicable Site License upon written notice to the other party, whereupon the Site License shall terminate on the date of such notice and Company shall surrender the effected City Facilities to the City within 90 days. Within 15 days after such damage, City shall notify Company as to whether the City expects to complete such repair within 90 days. If the City Facilities are damaged by fire or casualty, but not rendered wholly unfit for use, Company may elect promptly to repair such damage to its SWF. City shall not be liable to Company for any direct or indirect or consequential damages including but not limited to inconvenience, annoyance, or loss of profits, nor for any expenses, or any other damage resulting from the repair of such damage. Further, City shall not be responsible for any repair, modification, arranging, or rearranging of any portion of the City Facilities or for the termination of the Site License as provided herein, unless the damage was caused by the willful misconduct or negligence of the City. Rent for the affected SWF shall abate until Company is able to occupy the applicable City Facilities. 18.2. In the event the City Facilities are rebuilt and/or repaired as outlined above, the City shall consider other temporary locations on the City Facilities at the City's sole discretion. If an area is approved by both the City and Company, Company may construct, operate and maintain its SWF until the City Facilities are fully restored and operational. During the use of the temporary location, Rent shall continue and be payable to the City. 19. Condemnation If all or any portion of the City Facilities is needed, taken, vacated, conveyed, or condemned for any public purpose such that the Company cannot use its SWF on the City Facilities, either party may terminate the applicable Site License. All proceeds from any taking or condemnation of the Site or City Facilities shall belong and be paid to the City. Company shall have all rights to its SWF, which shall not be included in any taking or condemnation. 20. Insurance 20.1. At Company's sole cost and expense, Company shall maintain throughout the term of this Master License insurance as set forth in the Franchise Agreement adopted by Tukwila Ordinance No. linsert iunnber}, incorporated herein. 20.2. No more than once per each Renewal Term period, the City may require increases in said coverage by written notice to Company, as the City deems reasonably necessary generally consistent with industry standards. Waster License Agreement —Small Wireless Facilities Template pg. 16 20.3. Company's maintenance of insurance as required by this Section 20 shall not be construed to limit the liability of Company to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or equity. Further, Company's maintenance of insurance policies required by this Master License shall not be construed to excuse unfaithful performance by Company. 21. Hold Harmless 21.1. The City and its employees and agents shall not be liable for injury or damage to any persons or property, including City Facilities, resulting from the installation, operation or maintenance of the SWF on the City Facilities, except to the extent caused by City's sole negligence or willful misconduct. 21.2. Company releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or damage to property caused by or arising out of any acts or omissions of Company, its agents, servants, officers, employees and contractors in the performance of this Master License and any rights granted within this Master License, or the presence of the SWF itself, except to the extent such claims, costs, judgments, awards, or liability are the result of the City's sole negligence or willful misconduct. 21.3. Inspection or acceptance by the City of any work performed by Company at the time of completion of construction shall not be grounds for avoidance by Company of any of its obligations under this Section. These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised. 21.4. The City shall promptly notify Company of any claim or suit and request in writing that Company indemnify the City. City's failure to so notify and request indemnification shall not relieve Company of any liability that Company might have, except to the extent that such failure prejudices Company's ability to defend such claim or suit. 21.5. Company may choose counsel to defend the City at Company's sole expense subject to this Section 21, provided the City consents to the Company's choice of counsel, which consent shall not be unreasonably withheld. In the event that Company refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Master License, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Company, Company shall pay all of the City's reasonable costs for defense of the action, including all expert witness fees, costs, and attorney's fees, and including costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Company and approved by the City to represent the City, then upon the prior written approval and consent of Company, which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding Master License Agreement —Small Wireless Facilities Template pg• 17 87 and to participate in the investigation and defense thereof, and Company shall pay the reasonable fees and expenses of such separate counsel. The City's fees and expenses shall include all out- of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City (including the use of in-house counsel). Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. 21.6. The parties acknowledge that this Master License is subject to RCW 4.24.115. Accordingly, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Company and the City, its officers, officials, employees, and volunteers, Company's liability shall be only to the extent of Company's negligence. It is further specifically and expressly understood that the indemnification provided constitutes Company's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. 21.7. Company acknowledges and agrees that Company bears all risks of loss or damage or relocation or replacement of its SWF from any cause, and the City shall not be liable for any cost of replacement or of repair to damaged SWF, including, without limitation, damage caused by the City's removal of the SWF, loss of line of sight path, activities conducted by the City, its officers, agents, employees, volunteers, elected and appointed officials, or contractors, except to the extent any such damage or destruction is caused by or arises from any negligent, willful misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Company releases and waives any and all such claims against the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. 21.8. Company shall indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of the SWF as the result of any interruption of service due to damage or destruction of the SWF caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, or any third parties, except to the extent any such damage or destruction is caused by or arises from the sole negligence, willful misconduct, or criminal actions on the part of the City, its officers, employees, or elected or appointed officials. This limitation of liability shall apply even if City is advised of the possibility thereof, whether such damages arise out of breach of contract, breach of warranty, negligence, strict liability or any other theory of liability and whether such damages were foreseeable or not at the time this Master License was executed. 21.9. Neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. aster License Agreement —Small Wireless Facilities Template pg. f 8 $aVl 21.10. The provisions of this Section 21 shall survive the expiration, revocation, or termination of this Master License. 22. Performance Bond Company shall furnish a surety bond or bonds, in form reasonably acceptable to City, covering faithful performance of this Master License and payment of all obligations arising thereunder, including but not limited to proper construction, long-term facility maintenance, rent, timely removal of equipment and restoration. The bond shall be in force during the entire term or subsequent extensions or month -to -month tenancies. The performance bond for this Master License shall not only indemnify City for the usual performance provisions of this Master License, but in addition shall be a bond to guarantee payment of any and all tax liability of any type, kind, nature or description due as a result of this Master License. Said performance bond shall be issued to City prior to the issuance of any approvals for the construction of its SWF on the City Facilities. If City so uses or applies any portion of the performance bond, Company shall, upon notice, restore the performance bond to the full amount above specified, and Company's failure to do so shall constitute a material breach of this Master License. This performance bond shall be in addition to any construction or maintenance bonds imposed by the City as part of its permitting process. This performance bond shall remain in place until all of Company's SWF has been removed by Company unless otherwise permitted to remain by City. The amount of the bond shall be $100,000. 23. Nondiscrimination Company, for itself, its successors, and assigns as a part of the consideration hereof, does hereby covenant and agree to comply with all civil rights and anti -discrimination requirements of Laws applicable to the City Facilities, including, without limitation, Chapter 49.60 RCW and Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A. Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the U.S. Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, the City shall have the right to terminate the Master License and to re-enter and repossess the City Facilities, and hold the same as if said Master License had never been made or issued. 24. Site License AlaRlication Process 24.1. Prior to installation of any SWF on a City Facility, the Company shall first obtain a Site License issued by the City. To request a Site License, Company shall submit the Franchise Utility Site License Application in the form attached as Exhibit A, executed by Company and accompanied by all of the submittal requirements specified by the City of Tukwila Public Works Department. The Site License must include Company's certification that the plans submitted comply with the Design Requirements, if required. Master License Agreement —Small Wireless Facilities Template pg. 19 89 24.2. As appropriate, City may in its discretion require Company to make design modifications in order to comply with the published design requirements, to address safety concerns, or applicable contractual, regulatory, or legal requirements or may ask additional questions as necessary to determine feasibility of use of the City Facilities, provided that such requirements are consistent with the TMC and with those applied to similar wireless installations on City Poles and Other City Structures installed by third parties, and applicable Law. Company shall make any required design modifications within 90 days of receipt of written notice from City. 24.3. The Site License and all attachments which are required to be submitted in conjunction therewith may be required to be provided in digital format. 24.4. If the City receives more than one Site License for the same City Pole or Other City Structure, then the license shall be awarded to the first Site License signed by both parties and for which the Company has submitted the first payment of Rent or Alternate Rent. 25. Default, City Remedies 25.1. Default The following occurrences shall each be deemed an "Event of Default" by Company, if any such occurrence continues beyond the applicable notice and cure period set forth in Section 27, below: 25.1.1. Failure to Pay. Company fails to pay any sum, including Rent or taxes, due under this Master License upon the due date. 25.1.2. Abandonment. Company's failure to remove SWF as further described in Section 29.3. 25.1.3. Insolvency. Immediately, upon written notice, if a receiver is appointed to take possession of Company's assets, Company makes a general assignment for the benefit of creditors, or Company becomes insolvent or takes a suffers action under the Bankruptcy Act. Waiver or acceptance by the City of any default of the terms of this Master License by Company shall not operate as a release of Company's responsibility for any prior or subsequent default. 25.1.4. Lapsed Governmental Approvals. Company fails to maintain or obtain any Governmental Approvals, through no fault of Company, required to install and operate SWF and continues to operate such SWF. 25.1.5. Failure to Maintain Insurance. Company fails to maintain appropriate insurance as required pursuant to the Franchise Agreement adopted by Tukwila Ordinance No. (raiser! numberI. 9(Yaster License Agreement —Small Wireless Facilities Template pg. 20 25.1.6. Prohibited Assignment. Company assigns this Master License in violation of Section 15. 25.1.7. Interference. Company operates or maintains its SWF in a manner contrary to the interference obligations in Sections 9 and 10. 25.1.8. Improper Construction. Company constructs or installs SWF without first obtaining a Site License. 25.1.9. Failure to Construct or Install Per Approved Design. Company constructs, installs or modifies any SWF in any manner that does not comply with the requirements of the applicable Site License. 25.1.10. Ceases to Provide Telecommunications Services. That Company ceases to operate as a provider of telecommunications services under Federal Law. 25.1.11.Other Defaults. Company violates any material agreement, term or covenant of this Master License. 25.1.12. City Remedies. Subject to the cure period described in Section 27 below, the City shall have the following remedies upon an Event of Default. The City's rights and remedies under this License shall be cumulative, and none shall exclude any other right or remedy allowed by law. 25.1.13. Continuation of License. Without prejudice to its right to other remedies, the City may continue this License and applicable Site License Addendums in effect, with the right to enforce all of its rights and remedies, including the right to payment of Rent and other charges as they become due for the remainder of the then -existing term. City may elect, in its discretion, upon written notice to Company, to suspend processing or response of any/all Company requests, or granting of any/all approvals required of the City, with respect to any matter (or requested matter) pursuant to this License. 25.1.14. Termination of License. If Company's default is of such a serious nature in the City's sole judgment that the default materially affects the purposes of this License, the City may terminate this License. Termination of this License will affect the termination of all Site License Addendums issued under it automatically and without the need for any further action by the City. The City will have the right to make any terminated portion of the City Facilities available for use to other parties as of the effective date of the termination, even if SWF is still on the City Facilities. Upon termination of this License, Company will remain liable to City for damages in an amount equal to the Rent and other sums that would have been owed by Company under this License for the balance of the Initial Term or Renewal Term (as the case may be), provided that if Alternate Rent is being applied, then Company shall be liable to City for damages in the amount equal to the Rent and other sums that would been owed by Company under this License for the one (1) year period following the effective date of termination. Master License Agreement —Small Wireless Facilities Template pg- 21 91 25.1.15. Termination of Site License Addendums. If an Event of Default specific to one or more Site License Addendums is not cured by Company within the applicable cure period, City may terminate such specific Site License Addendum(s). 25.1.16. Interest and Collection Costs on Past Due Monetary Obligations. If Company fails or refuses to pay any of its payment obligations due under this License (including without limitation any Site License Addendum) on the due date, then Company is obligated to pay and shall immediately pay interest on amount due calculated at the lesser of ten percent (10%) per annum or the highest rate of interest allowed under applicable law. Interest shall be calculated on a per day basis commencing on the due date and continuing until paid in full. If Company fails or refuses to any or all amounts due upon written demand, then Company shall be liable to pay all collection costs and reasonable attorneys' fees incurred with respect thereto. Notwithstanding any other provision of this agreement, the accrual of interest on past due monetary obligations is automatic and does not require the giving of notice. 25.2 City Default and Company Remedies. City shall be deemed in default of this Master License if it violates any material agreement, term or covenant of this Master License and does not cure such violation within the cure period described in Section 27, below. Upon the Event of Default by City, Company may terminate this Master License and any applicable Site License. 25.3. City Remedies. Subject to the cure period described in Section 27, below, the City shall have the following remedies upon an Event of Default. The City's rights and remedies under this Master License shall be cumulative, and none shall exclude any other right or remedy allowed by law. 25.3.1. Continuation of Master License. Without prejudice to its right to other remedies, the City may continue this Master License and applicable Site Licenses in effect, with the right to enforce all of its rights and remedies, including the right to payment of Rent and other charges as they become due for the remainder of the then -existing term. Until a default is cured, City may elect, in its discretion, upon written notice to Company, to suspend processing or response of any/all Company requests, or granting of any/all approvals required of the City, with respect to any matter (or requested matter) pursuant to this Master License. 26. Termination of Site License. In addition to the parties' rights contained in Section 25 (upon the occurrence of an Event of Default), the parties have the additional termination rights contained in this Section 26. 26.1. City's Termination Rights. Subject to the cure provision of Section 27, the City has the right to terminate any Site License if the City determines that Company's exercise of its rights under this Master License: g"laster License Agreement —Small Wireless Facilities Template pg 22 26.1.1. Interferes with the City's use of the City Facilities and/or the structures on the City Facilities for the municipal purposes for which the City owns and administers such structures/site, which may include the necessity to widen a street or for other municipal projects that result in removing the streetlight. 26.1.2. Poses an immediate and ongoing threat to public health or safety or constitutes a public nuisance. 26.1.3. Unreasonably interferes with the use of the City Facilities or structures thereon by a governmental agency with which the City has an agreement to provide services to the City, e.g. PSERN or its successor entity. 26.1.4. That Company ceases to operate as a provider of telecommunications services under federal law. In such a situation the City shall have the option, in its sole discretion and upon 6 months' written notice to Company, to terminate this Master License and to require the removal of the SWF from the City Facilities, pursuant to Section 29, including the cost of any site remediation, at no cost to the City. 26.1.5. Notwithstanding the above and not subject to the Cure provisions listed under Section 27, the City shall have the following additional termination rights: a. Immediate Removal. Notwithstanding the above, the City, may in its sole discretion, determine that exigent circumstances require immediate removal of SWF from a City Pole or other City Structure. Such exigent circumstances may only include reasons of public health, safety or the need to provide street lighting. Company shall remove its SWF within 48 hours' notice, unless such longer period is provided by the City. The applicable Site License will terminate upon the removal of the SWF. b. Immediate Deactivation. Notwithstanding the above, if the Company attaches, installs, constructs or modifies SWF in any manner which exceeds the requirements of the Design Standards, the City may require the Company to deactivate the noncompliant Equipment upon 48 hours' notice, unless such longer period is provided by the City. c. Pole Removal. The City has the right to remove any City Facilities that it determines in its sole judgment is unnecessary for its municipal purposes (for example street light operations and any of the circumstances listed in Section 28.1). If the City decides to remove a City Facility, it shall provide Company with at least 60 days' written notice to remove its SWF from the City Facility. The applicable Site License will terminate upon the removal of the SWF. d. Pole Replacement. The City has the right to replace any City Facilities that it determines in its sole judgment is necessary for its municipal operations. If the City decides to replace a City Facility, it shall provide Company with at least 60 days' written notice to remove its SWF from the City Facility. At City's option the applicable Site License will terminate upon the removal of the SWF or City may allow Company, at Company's sole cost and expense, to relocate its SWF on the replacement pole. Master License Agreement —Small Wireless Facilities Template pg• 23 93 26.1.6. No Further Obligation. Upon termination under this Section 26, neither party will owe any further obligation to the other party provided that Company is not in arrears in making its Rent or other required payments; provided however that Company shall, at Company's sole cost, remove its SWF and restore the site to at least the condition in which it existed at the Rent Commencement Date or better, and provided that, if the City terminates this Master License pursuant to Section 26, the City shall, at Company's option, attempt to find alternative sites on other City property in order to allow Company to continue to provide service within the City Facilities as further described in Section 28. Further, to the extent that City received any pre -paid Rent related to the terminated Site Licenses, City shall refund such pre- payments to Company. 26.1.7. Termination by Company. The Company has the right to terminate any Site License upon 90 days' notice in the event Company determines in its sole discretion that it desires to discontinue use of the City Facilities for any reason whatsoever provided Company terminates according to this Section. 27. Cure Neither party shall be in default under this Master License until 30 days after receipt of written notice of default from the other; provided, however, where such default cannot reasonably be cured within 30 days, the defaulting party shall not be in default if it commences to cure such default within said 30 day period and diligently pursues cure to completion. 28. Relocation 28.1. Company understands and acknowledges that City may require Company to relocate, temporarily or permanently, one or more of its SWF installations. Company shall at City's direction and upon 90 days' prior written notice to Company, relocate such SWF at Company's sole cost and expense whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, modification, completion, repair, relocation, or maintenance of a City or other public agency project; (b) because the SWF is interfering with or adversely affecting proper operation of City owned poles, traffic signals, communications, or other City Facilities; (c) to protect or preserve the public health or safety; or (d) as described in Section 12. In any such case, City shall use reasonable efforts to afford Company a reasonably equivalent alternate location. If Company shall fail to relocate any SWF as requested by the City in accordance with the foregoing provision, City shall be entitled to remove or relocate the SWF at Company's sole cost and expense, without further notice to Company. Company shall pay to the City actual and reasonable costs and expenses incurred by the City in performing any removal work and any storage of Company's property after removal within 30 days of the date of a written demand and supporting documentation for this payment from the City. The City will promptly inform Company of the displacement or removal of any City Facility on which any SWF is located. 94Master License Agreement —Small Wireless Facilities Template pg. 24 28.2. In the event Company desires to relocate any SWF from one City Facility to another, Company shall so advise City and shall submit a Site License consistent with Section 24 for approval by City. 28.3. Company acknowledges that the signing of this Master License does not entitle the Company to assistance under the Uniform Relocation and Real Property Acquisition Policy (Ch. 8.26 RCW). 29. Removal of SWF Upon Termination 29.1. Within 90 days after the expiration or earlier termination of a Site License or this Master License, unless a shorter window of time applies under this Master License, Company shall promptly, safely, and carefully remove the SWF from the applicable City Facilities and shall restore the City Facilities to the condition in which they existed at the Rent Commencement Date or better. In the event that the Company replaced any City Pole with a "purpose-built" replacement pole, then upon expiration or termination of a Site License or this Master License, and upon request by the City, the Company shall, at Company's sole expense, replace the purpose built pole with a replacement pole meeting the current standard design and construction criteria of the City. Rent shall continue to accrue during any time period in which Company continues to have SWF on the City Facilities. Such obligation of Company shall survive the expiration or earlier termination of this Master License. If Company fails to complete this removal work pursuant to this Section 29, then the City, upon written notice to Company, shall have the right at the City's sole election, but not the obligation, to perform this removal work and charge Company for the actual and documented costs and expenses, including, without limitation, reasonable administrative costs. Company shall pay to the City actual and documented costs and expenses incurred by the City in performing any removal work and any storage of Company's property after removal within 45 days of the date of a written demand for this payment from the City. After the City receives the reimbursement payment from Company for the removal work performed by the City, the City shall promptly make available to Company the property belonging to Company and removed by the City pursuant to this Section 29 at no liability to the City. 29.2. If the City does not receive reimbursement payment from Company within such 45 days, or if City does not elect to remove such items at the City's cost after Company's failure to remove pursuant to this Section, or if Company does not remove Company's property within 45 days of such property having been made available by the City after Company's payment of removal reimbursement as described above, any items of Company's property remaining on or about the ROW, City Facilities, or stored by the City after the City's removal thereof may, at the City's option, be deemed abandoned and the City may dispose of such property in any manner by law. Alternatively, the City may elect to take title to abandoned property, and Company shall submit to the City an instrument satisfactory to the City transferring to the City the ownership of such property. Provided, however, that nothing contained within this Section 29 shall prevent the City from compelling Company to remove any such SWF through judicial action when the City has not permitted Company to abandon said SWF in place. Master License Agreement —Small Wireless Facilities Template pg. 25 95 29.3. The SWF, in whole or in part, may not be abandoned by Company without written approval by the City. Any plan for abandonment or removal of SWF must be first approved by the City, and all necessary permits must be obtained prior to such work. Notwithstanding the above, the City may permit SWF to be abandoned and placed in such a manner as the City may prescribe. Upon permanent abandonment, Company shall execute such necessary documents to transfer title to City. 29.4. Prior to removal of its SWF, Company shall notify the City in writing when the SWF has been removed and comply with any other requirements under Law. 29.5. The provisions of this Section 29 shall survive the expiration, revocation, or termination of this Master License. 30. Records, Audits 30.1. No more than once a year the City may require such information, records, and documents from Company from time to time as are appropriate to reasonably monitor compliance with the terms of this Master License. 30.2. Company shall provide such records within 30 days of a request by the City for production of the same unless additional time is reasonably needed by Company, in which case, Company shall have such reasonable time as needed for the production of the same, but no longer than 60 days. If any person other than Company maintains records on Company's behalf, Company shall be responsible for making such records available to the City. 30.3. Company shall be responsible for clearly and conspicuously identifying any records as confidential or proprietary and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. In the event that the City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of information Company has designated as confidential, trade secret, or proprietary, the City shall promptly provide written notice of such disclosure request pursuant to the City's City Clerk's rules so that Company can take appropriate steps to obtain injunctive relief to prevent disclosure of claimed confidential records. Nothing in this Section prohibits the City from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records. City shall not be liable to Company for its good faith acts in determining release of records, including confidential records, is in compliance with any law or court order requiring the release of public records. The City shall comply with any injunction or court order obtained by Company and not stayed that prohibits the disclosure of any such confidential records; however, in the event a higher court overturns such injunction or court order and such higher court action is or has become final and non -appealable, Company shall reimburse the City for any fines or penalties imposed for failure to disclose such records as required hereunder within 60 days of a request from the City. aster License Agreement —Small Wireless Facilities Template pg. 26 96iVl 31. Miscellaneous 31.1. Modifications. This instrument contains all the agreements and conditions made between the parties hereto and may not be modified orally or in any manner other than by an agreement in writing signed by all parties thereto. No failure on the part of either party to enforce any covenant or provision herein contained, nor any waiver of any right hereunder, unless in writing signed by the waiving party, shall discharge or invalidate such covenant or provision or affect the right of either party to enforce the same in the event of any subsequent breach or default. 31.2. Broker's Fee. If Company is represented by a real estate broker or other agency in this transaction, Company shall be fully responsible for any fee due such broker and shall hold the City and its employees and agents harmless from any claims for a commission by such broker or agency. 31.3. Cooperation in Execution of Subsequent Documents. The City and Company agree to cooperate in executing any documents necessary to protect the rights of the parties granted by this Master License. 31.4. Headings. The headings to paragraphs or sections of this Master License are for convenience only and shall have no effect on the construction or interpretation of any paragraph hereof. 31.5. Notices. Except as otherwise designated in this Master License, any notice, request, demand, statement, or consent herein required or permitted to be given by either party to the other hereunder, shall be in writing signed by or on behalf of the party giving the notice and addressed to the other at the address(es) as set forth in Exhibit B. Each party may, by notice in writing, change its address for the purpose of this Master License, which address shall thereafter be used in place of the former address. Each notice, demand, request, or communication which shall be mailed to any of the aforesaid shall be deemed sufficiently given, served, or sent for all purposes hereunder: (i) two business days after it shall be mailed by United States registered or certified mail, postage prepaid and return receipt requested, in any post office or branch post office regularly maintained by the United States Postal Service; (ii) upon personal delivery; or (iii) one business day after deposit with any recognized commercial air courier or express service. Any communication made by e-mail or similar method shall not constitute notice pursuant to this Master License. 31.6. Entire Agreement. This Master License and any attached exhibits constitute the entire agreement between the City and the Company; no prior written or prior contemporaneous or subsequent oral promises or representations shall be binding except that any subsequently adopted City policies and procedures for telecommunications/communications license agreements, Site Licenses and final applicable permits shall be binding on the parties. 31.7. Executed in Counterparts. This Master License may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. Master License Agreement —Small Wireless Facilities Template pg. 27 97 31.8. Governed by Laws of the State of Washington. This Master License shall be governed and construed by and in accordance with the laws of the State of Washington, without reference to its conflicts of law principles. 31.9. Venue. Company agrees that the venue of any action or suit concerning this Master License shall be in the State and Federal Courts located in King County, and all actions or suits thereon shall be brought therein. 31.10. Legal Fees. In any lawsuit between the parties with respect to the matters covered by the Master License, the prevailing party will be entitled to receive its reasonable attorney's fees and costs incurred in the lawsuit, in addition to any other relief it may be awarded. 31.11. Binding on Successors. This Master License shall be binding upon and inure to the benefits of the heirs, executors, administrators, successors and assigns of the parties. 31.12. Failure to Insist upon Strict Performance. The failure of either party to insist upon strict performance of any of the terms or conditions of this Master License shall not constitute a waiver thereof. 31.13. No Recording. Company shall not record any documents (such as, for example, a memorandum, lien, assignment or security interest) against City's title without City's express prior written approval which it may withhold in its sole discretion. 31.14. Business License. Prior to constructing any SWF or providing services within the City, Company shall obtain a business and/or utility license from the City. 31.15. Severability. The provisions of this Master License shall be deemed severable and if any portion shall be held invalid, illegal or unenforceable for any reason, the remainder of this Master License shall be effective and binding upon the parties. 31.16. No Third Party Beneficiaries. It is not intended by any of the provisions of this Master License to create for the public, or any member thereof, a third -party beneficiary right or remedy, or to authorize anyone to maintain a suit for personal injuries or property damage pursuant to the provisions of this Master License. 31.17 Change of Law. In the event that after this Master License becomes effective: (a) there is a change in or clarification of the Law which changes, broadens or clarifies the authority or obligations of the City or the Company with respect to any act permitted or authorized under this Master License; or (b) the State of Washington or any agency thereof or any agency of the Federal government require Company or the City to act in a manner which is inconsistent with any provisions of this Master License; or (c) any term, article, section, subsection, paragraph, provision, condition, clause, sentence, or other portion of this Master License, or its application to any person or circumstance, shall be held to be illegal, invalid or unconstitutional for any reason by any court or agency of competent jurisdiction; or (d) because of a change in circumstances, the City, at its sole discretion, believes that amendments to this Master License 9&laster License Agreement —Small Wireless Facilities Template pg. 28 are necessary or appropriate, then the City and the Company agree to enter into good faith negotiations to amend this Master License so as to enable the City and Company to address, in a manner reasonably acceptable to the City and Company, such Master License or other development which formed the basis for the negotiations. The City and Company recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with Law, the intent, scope and purpose of this Master License. If the terms of this Master License are materially altered due to changes in or clarifications governing Law or due to agency rulemaking or other action, then the Parties shall negotiate in good faith to reconstitute this Master License in a way consistent with then -applicable Law in a form that, to the maximum extent possible, is consistent with the original scope, intent and purpose of the City and Company and preserves the benefits bargained for by each Party. 31.18. Survival. All of the provisions, conditions and requirements of Sections 11, 21, 25.1.16, 29, and 30 shall survive the expiration or termination of this Master License. 31.19 Force Majeiire. Time periods for performance under this Master License shall be deemed extended day for day for time lost attributable to any delay resulting from any Event of Force Majeure. An "Event of Force Majeure" means any act of God, strike, or material or labor shortage, or other events, if the occurrence was not reasonably foreseeable by the party and is beyond the reasonable control of the party whose performance is required under this Master License. As soon as reasonably practicable following the date of commencement of an Event of Force Majeure, and within a reasonable time following the date of termination of an Event of Force Majeure, any party invoking it shall submit to the other party reasonable proof of the nature of the Event of Force Majeure, if the proof is not otherwise apparent due to the nature of the event, and of its effect upon the performance of that party's obligations under this Master License. Company shall, at all times, take commercially reasonable steps within its powers to: (a) prevent an Event of Force Majeure affecting the performance of Company's obligations under this Master License; (b) mitigate the effect of any Event of Force Majeure to the extent reasonably possible given the conditions; and (c) ensure resumption of the performance of this Master License as soon as practicable and continue compliance with its obligations under this Master License. Master License Agreement —Small Wireless Facilities Template pg. 29 99 IN WITNESS WHEREOF, the parties hereto have executed this Master License Agreement on the respective dates below indicated. CITY OF TUKWILA Printed name [COMPANY NAME] Printed name Title: Title: Date: Date: APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (SEAL) DATED this day of 120 (Signature) Notary Public Name as commissioned: My appointment expires: 1 Mster License Agreement —Small Wireless Facilities Template pg. 30 STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (SEAL) DATED this day of , 20 (Signature) Notary Public Name as commissioned: My appointment expires: Master License Agreement —Small Wireless Facilities Template pg. 31 101 EXHIBIT A City of Tukwila Permit Number Department of Public Works 6300 Southcenter Boulevard, Suite 100 Tukwila WA 98188 (206) 433-0179 Franchise Utility Site License Application Small Wireless Facilities Name of Utility Master License Agmt No. / Exp. Date Street Address City / State / Zip Applicant Name Phone No. Field Contact Person Phone No. (office, cellular, etc.) License. This is a Site License as referenced in that certain Master License Agreement between The City and Utility Company (Company), dated ("License'). The purpose of the Site License is for the Company to reserve one or more City Facilities. This License is subject and subordinate to the terms and conditions of the Master License. In the event of a contradiction, modification or inconsistency between the terms of the Master License and this License, the terms of the Master License shall govern. Capitalized terms used in this License shall have the same meaning described for them in the Master License unless otherwise indicated herein. Term. The term of this License shall commence on the Rent Commencement Date and shall terminate upon the Master License termination unless earlier terminated by a party consistent with the Master License. Upon termination of the Master License and, consequently, this License, Company shall comply with all applicable Master License terms and conditions. Fees. Company understands it is required to timely pay any Administrative Fees due and payable for this Site License in accordance with the terms and conditions of the Master License and the Public Works Fee Schedule. Company shall pay Rent for Small Wireless Facility to be installed on each City Pole pursuant to this Site License in accordance with the Master License and the Public Works Fee Schedule. In addition, Company pay such additional fees and charges such as are required pursuant to the terms of the Master License. Application is hereby made by the above -referenced utility to the municipality of the City of Tukwila to perform work as noted below or as shown on attached drawing(s). A certification by the Company stating the plans submitted comply with the Design Requirements, if applicable, is required. As part of the work description, please indicate any lane closures that may be required and the desired time(s) for same. City Pole Numbers: Other City Structures: 1 ()[2aster License Agreement —Small Wireless Facilities Template pg. 32 EXHIBIT A If work has not commenced within 90 calendar days from the date of approval as shown below, this permit shall be deemed closed and the requested City Poles and/or Other City Structures will be made available to other applicants. The applicant shall comply with all State and local laws or ordinances and the applicable Franchise Utility Agreement and Master License Agreement. Work performed under this permit shall adhere to the following: 1. 24 hours prior to construction, the contractor shall notify the Project Inspector at (206) 433-0179. 2. Prior to construction, all utilities in the vicinity shall be field located. NOTE: For City of Tukwila utility locates, call One -Call at 811 or 1-800-424-5555. 3. Detours within the public right-of-way shall be in accordance with the current edition of the Manual on Uniform Traffic Control Devices. A traffic control plan shall be submitted for prior approval when requested by the Project Inspector. 4. For work within a public street, no open cut is allowed unless specifically approved. 5. The utility contractor shall carry a minimum of $2,000,000 liability insurance (personal injury, property damage), and be licensed in the State of Washington to carry out this kind of work. 6. Prior to removal of any vegetation, contact a planner in the Department of Community Development (206-431- 3670) as vegetation removal may require approval via a permit and replacement. Application Date: Intake Date Plan Revision Date: Initial Completeness Due: Intake+10 days Revised Review Due: City of Tukwila Approval Signature Date of Approval Initial Review Due: Name (Printed) Expiration of Site License Agreement Utility Company Applicant Signature Utility Company Name Applicant Name (Printed) Date of Application Applicant Title (Printed) Intake+90 days Master License Agreement —Small Wireless Facilities Template pg. 33 103 Exhibit B Contact Information/Notices If to City: If to Company: City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 ATTN: City Clerk With copies to: With copies to: City of Tukwila 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 ATTN: Public Works Director For Emergencies: For Emergencies: City of Tukwila Public Works Telephone: (206) 433-0179 Fax: (206) 431-3665 6300 Southcenter Blvd, Ste 100 Tukwila, Washington 98188 City of Tukwila Maintenance Shops Telephone: (206) 431-1860 Fax: (206) 575-3404 600 Minkler Boulevard Tukwila, Washington 98188 City of Tukwila Police Department Telephone: (206) 433-1808 Fax: (206) 244-6181 6200 Southcenter Boulevard Tukwila, Washington 98188 1 l *ter License Agreement —Small Wireless Facilities Template p& 34 Project: City of Tukwila, WA - Rev B November 6, 2019 Designs by: SV for Valmont Project # 462486-p1 Page:1 of 2 Description: Round Tapered Steel Pole -11' Diameter Steel Square Full Base Cover Luminaire: Custom DS60 Style Pipe Arm 36' Rise X 15' Max Length Fixture At 40'-6° Small Cell: Valmont Top Shroud - 4G option • 18' Diameter Valmont Square Structural Base Cabinet • 20' Square X 4' Tall p•. r l f - f.' k. i E: O f_' valmont.W STRUCTURE f. 7 s Project: City of Tukwila, WA - Rev B ovember 6, 2019 esigns by: SV for Valmont Project # 462486-p1 Page: 2 of 2 Description: Round Tapered Steel Pole -12' Diameter Aluminum Classic Low Deco Base Luminaire: Custom DS60 Style Pipe Arm 36' Rise X 15' Max Length Fixture At 40'-6" Small Cell: Valmont Top Shroud - 4G option • 18' Diameter Valmont Side Mount Cabinet • 55" Tall X 20" Wide X 19" Deep valmont.14 STRUCTURE 4- DESIGNS SUBJECT TO CHANGE UPON FULL ENGINEERING REVIEW OMNIANTENNA T-2T1836Vx !UIPMENT LAYOUT AENSIONS: ' x 36" UNLESS IECIFIED CITY OF TUKWILA, WA HS-ARW1 VCH ARE 11 NCNES valmont V JOB: TOLERANCES ioLERAHCEs FA R''cJG iaNA%! NAME DATE TITLE: STP.UCTURES I TWOPLACEDC". DE"°_ Valley, NE THR�EEP�Ac oEu NtVL DRAWN MV 11/512019 4G TOP/5G SIDE CHECKED (402) 359-2201 11—PRETGOOME,aIO ENG APPR. CONCEALED POLE PR—IETARY AND C NFIDEMIAL TOLERAI.[ G PER ------- LAST SAVED mv709180 11/6/2019 - tiaTERu v"R-T TO _... .. FILE LOCATION SIZE DWG. NO.. REV VHJALLVA.RESERVES - RHO EEr APPROVED FIIJISH VET ClUsttsM FOLLY- OeNDE B 462486—Pl ACCMI DATU PACILIV.LHAN„'YI� . ACCOA'WJDAikYS iO FACILITATE TF& T-' BIV LaN�A 4TiAwt'. M'A�kEV DAInCELSI _ 1 XA OTIh HOIRCCESS - ....... -. DO NOT SCALE DRANiW SCALE: 1.55 WEIGHT: SHEET 1 OF 1 O 00 41 }---} O Z-3" 51' DESIGNS SUBJECT TO CHANGE UPON FULL ENGINEERING REVIEW EQUIPMENT BAY OMNI ANTENNA T-2T1836Vx lUIPMENT LAYOI OENSIONS: Ix36" SIDE SHROUD valmont UNLESS OTHERWISE SPECIFIED DI'.IETISa11SAREunCH_S Job: CITY OF TUKWILA, WA TOLE -ICES FRAcinNALe ; NAME DATE TITLE: STP.UCTURES Valley, AHGUV.R MACH. READ. TTWO 1 _. DRAWN MV 11/5/2019 4G TOP/5G POLE WITH NE ;DECNVL CHECKED (402) 359-2201 - PC-PEIETP.k — ENG APPR: SIDE SHROUD PROPRIETARY AND CONFIDENTIAL TCLEIJE IGLEfUICIIG PER. - LAST SAVED mv709190. 11/62019 - - VAtAf— I—TRIES-RESEREU nl 1E-1 --"-- "- - FILE LOCATION SIZE DWG. NO. REV THERIG C-TA VAR-S, EIGI% RAPPROVEDMTERLGLHAIGrC FIIYSH. _.. _ CIU--706 WD—WPIOIr., E—,. 462486—P1 ACCOMII*DATIVS TO FACILITATE THE L 'J�=TA bN'AIRV NArAFACTM% PROCESS BWODELSOPTMA 00 tM SCALE DRAWNG SCALE: 1:55 .WEIGHT: SHEET 1 OF 1 Community Development& Neighborhoods Minutes.................................................................................... November13, 2019 D. Community Center Video Security Purchase Staff is seeking Council approval to purchase a security camera system replacement for the Tukwila Community Center in an amount not to exceed $70,000. The current system failed in September and is at the end of its useful life. Cost savings in the Parks & Recreation budget in other areas can cover this expense. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 18, 2019 REGULAR CONSENT AGENDA. E. Resolution: Small Cell Master License Agreement Template Staff is seeking Council approval of a resolution that wouldadopt a Master License Agreement template for use with Franchisees. All wireless carriers will be seeking to implement 5G technology and MI -As are needed to establish requirements, roles, responsibilities, compensation and approval processes. Adoption of a template will expedite the approval process and establish City standards. Chair Quinn suggested updatingthe memo to include a bulleted list highlighting important points in the agreement and what partnerships have been established. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. F. Public Service Recognition by the City Council The Committee previously requested a program to highlight exceptional work done by City employees in a public manner so that the community is more aware of high quality public service. A nomination form will be made available for use by employees, managers, Council, and the public, and nominations will be forwarded to the Council President for review. The Council President will determine individuals and acts of service to be formally recognized at two Council meetings in 2020 and will evaluate the program at the end of the year. DISCUSSION ONLY. III. MISCELLANEOUS - Staff noted that the Rental Housing Association of Washington has filed a complaint for declaratory relief against the City of Burien with regard to its recently adopted rental housing ordinance. Staff will monitor this development. Adjourned 6:01 p.m. Committee Chair Approval 109 110 COUNCIL AGENDA SYNOPSIS MeetingDate Pre aced Ma or's review Council review 11/25/19 GL 12/02/19 GL ITEM INFORMATION ITEM NO. 4.F. S"1'AFF SPONSOR: RYAN LARSON ORIGINAL AGENDA DATE: 11/25/19_ AGENDA ITEM TITLE. Starfire Sports Athletic Center Improvements Resolution approving an Administrative Variance for Wet- Flood proofing CATEGORY ® Discussion Mtg Date 11/25/19 ® Motion Mtg Date I2/02/19 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Atvard Mtg Date ❑ Public Hearing Mtg Date ❑Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD El Finance ❑.Fire ❑TS ❑P&R ❑Police ®PW El Court SPONSOR'S Council is being asked to approve this Resolution that allows an administrative variance be SUMNL1RY granted to the City's Tukwila Municipal Code Chapter 16.52 for wet -flood proofing to the Starfire Athletic Center. Resolution No. 1526 was the original variance for construction to be within a flood hazard area using wet-floodproofing techniques. This new proposed Resolution will allow an administrative variance for improvements to the Athletic Center that will enclose areas below the stadium currently used for storage. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ® Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/19/19 COMMITTEE CHAIR: ACTING - D. ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMITTEE Unanimous approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/25/19 12/02/19 MTG. DATE ATTACHMENTS 11/25/19 Informational Memorandum dated 11/15/19 (revised 11/20/19) Draft Resolution Starfire Sports Variance Request Letter Resolution No. 1526 from 2003 Minutes from the Transportation & Infrastructure Committee 11/19/19 12/02/19 111 112 1 City of Tukwila Allan Ekberg, Mayor ' Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Ryan Larson, Senior Program Manager CC: Mayor Ekberg DATE: November 15, 2019 (revised 11/20/19) SUBJECT: Starfire Sports Athletic Center Improvements Resolution approving an Administrative Variance to allow Wet-Floodproofing ISSUE Approve a Resolution providing an administrative variance to Tukwila Municipal Code Chapter 16.52 to allow wet-floodproofing of improvements to the Starfire Athletic Center within Fort Dent Park. BACKGROUND The City of Tukwila participates in the National Flood Insurance Program. This program requires that the City adopt floodplain management standards and a floodplain construction permit process to ensure that all new developments and redevelopment within flood hazard areas meet federal standards. These standards require that when development is proposed within a flood hazard area, all structures must either be elevated or floodproofed one foot above the base flood elevation. Floodproofing is not allowed for residential construction. The Federal Emergency Management Agency's (FEMA) standard for floodproofing is a method known as dry-floodproofing. Dry-floodproofing requires that the structure is watertight one foot above the base flood elevation and prevents the inundation of floodwaters into the structure. Wet-floodproofing is allowed for certain situations and is accomplished by letting flood water inundate the structure. The structure is constructed of materials that will not be damaged by floodwaters to an elevation one foot above the base flood elevation. All materials subject to damage must be located above this elevation. Since wet-floodproofing is not the standard established by FEMA or included in our City TMC, a variance must be issued by Resolution to allow the use of this method for floodproofing a structure. Resolution No. 1526 granted the original variance that allowed the construction of the Starfire Athletic Center to be within a flood hazard area using wet-floodproofing techniques. This new proposed Resolution will allow an administrative variance for improvements to the Athletic Center that will enclose areas below the stadium currently used for storage and provide more secure storage and covered flex areas for practice. DISCUSSION City staff have reviewed FEMA guidelines, the City's TMC, and sought guidance from the State Department of Ecology who administers flood control issues for FEMA and determined that wet- floodproofing is permitted under limited situations. These situations include: • The applicant desires to wet-floodproof • Notification to the applicant that a variance will not alter the actuarial rating of a structure for flood insurance purposes • That a lesser degree of floodproofing will not subvert the goals of floodplain management W:\PW Eng\PROJECTSVA- DR Projects\Starfire Sports -Flood Variance\Info Memo Wet Floodproofing Variance Rev 112019.docx 113 Info Memo Starfire Resolution Page 2 • That the structure must be protected to the maximum extent possible using an appropriate alternative flood protection technique • Providing dry-floodproofing would cause an exceptional hardship • A variance is obtained to permit this method The Starfire Athletic Center is a large soccer complex containing two soccer fields and elevated restrooms, offices, and a concession area. The soccer fields were constructed approximately 4-feet below the base flood elevations. Storage areas were also constructed below the base flood elevation and a chain -link fence material was used for security of stored items and to allow the automatic entry and exit of floodwaters. The new improvements include replacing the chain -link fencing with concrete blocks containing windows and doors. Some of the enclosed areas will continue to be used for storage and the remainder will be covered with artificial turf and used as indoor practice areas for their Academy STEM -based gamification program. All materials used will be flood resistant and all enclosed areas will be fitted with flood vents that automatically allow the entry and exit of floodwaters. RECOMMENDATION Council is being asked to approve this Resolution that allows an administrative variance be granted to the City's TMC Chapter 16.52 for wet -flood proofing to the Starfire Athletic Center and consider this item at the November 25, 2019 Committee of the Whole meeting and subsequent December 2, 2019 Regular Meeting. ATTACHMENTS: • Draft Wet Floodproofing Resolution • Starfire Sports Variance Request Letter • Original Resolution No. 1526 W:\PW Eng\PROJECTS\A- DR Projects\Starfire Sports - Flood Variance\Info Memo Wet Floodproofing Variance Rev 112019.docx 114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ALLOWING FOR THE ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL CODE CHAPTER 16.52 AND ALLOWING FOR THE WET- FLOODPROOFING OF IMPROVEMENTS TO THE STARFIRE ATHLETIC CENTER. WHEREAS, the City of Tukwila has entered into an agreement with Starfire Sports to develop and operate park athletic, recreation and associated facilities at the Fort Dent Park; and WHEREAS, portions of Fort Dent Park are within the Green River floodplain; and WHEREAS, the City of Tukwila participates in the National Flood Insurance Program and this program requires the City to adopt floodplain management standards and a floodplain construction permit process; and WHEREAS, the Indoor Athletic Center was permitted and constructed under Resolution No. 1526 that allowed the use of wet-floodp roofing techniques; and WHEREAS, Starfire Sports has requested another variance that would allow for modifications to the existing Athletic Center and allow wet -flood proofing of indoor practice and storage areas; and WHEREAS, the City of Tukwila follows the U.S. Army Corps of Engineers Flood - Proofing Regulations, the Federal Emergency Management Agency (FEMA) Floodproofing Standards, and the Federal Insurance Administration (FIA) Regulations, which allow the City to grant wet-floodproofing variances to those standards and requirements if certain criteria are met as found in 44 CFR 60.6(a) of FIA Regulations; and WHEREAS, wet -flood proofing will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and W:\Word Processing\Resolutions\Starfire wet-floodproofing variance 11-1-19 RL: Review and analysis by Barbara Saxton Page 1 of 2 115 WHEREAS, it has been determined that a variance is the minimum necessary, considering the flood hazard, to afford relief; and WHEREAS, Starfire Sports has shown good and sufficient cause for a variance; and WHEREAS, the federal standard (d ry-flood proofing) would cause an exceptional financial hardship to Starfire Sports; and WHEREAS, the improvements will not be located within a floodway, and WHEREAS, the criteria set forth in 44 CFR 60.6(a) of FIA Regulations has been met, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The above Whereas recitals are herein adopted as Findings of Fact. Section 2. The City of Tukwila Public Works Department is hereby authorized to grant a flood zone permit allowing the use of wet-floodproofing for modifications to the existing Starfire Athletic Center. Wet -flood proofing shall be an administrative variance to Tukwila Municipal Code Chapter 16.52 due to the compelling public policy reasons stated herein. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Kathy Hougardy, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: WAWord Processing\Resolutions\Starfire wet -flood proofing variance 11-1-19 RL: Review and analysis by Barbara Saxton 116 Page 2 of 2 r < n crd��d T s October 25, 2019 Henry Hash Public Works Director City of Tukwila- Public Works 6300 Southcenter Blvd. Tukwila, WA 98188 Dear Mr. Hash, Starfire Sports would like to ask for a flood variance the same we were granted in 2003 to construct the buildings. The variance is to enclose the rest of the ground level. The two main reasons are to secure areas that has multiple breaks ins and secondly and more importantly to create flex spaces for our Academy STEM program. Starfire is seeking to extend the success of the Starfire Sports Academy soccer programs by offering our student athletes the opportunity to participate in STEM programs. Similar to our soccer programming approach, we want to reduce the barriers of entry by making STEM classes fun, approachable, and accessible to all. Our goal is not to replace the role of schools, but to help prepare our youth to engage and fully embrace STEM learning opportunities at their schools. We will do this by using STEM -based gamification products that will engage our student athletes, cultivate their curiosity, and make them comfortable with the underlying science and technology through project -based learning. From the soccer field to the classroom, we seek to make our student athletes as confident joining a robotics or coding club in high school as they are trying out for the soccer team. These spaces will allow us to better serve our community while keeping the facility safe for all. With no other space here not in the floodplain it is the only reasonable option. We ask for your and the Tukwila City Council's support to help create these much -needed spaces. Sincerely Ben Oliver 11 , President & CEO Starfire Sports Star6re Sports 14800 Starfire Way Tukwila, WA 98188 Phone: 206.431.3232 Fax: 206.431.6811 www.starfiresports.com info@starfiresports.com 117 118 o a o 1906 City of Tukwila Washington Resolution No. /J�RL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ALLOWING FOR THE ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL CODE CHAPTER 16.52 AND ALLOWING FOR THE WET- FLOODPROOFING OF THE STARFIRE ATHLETIC CENTER. WHEREAS, the City of Tukwila has entered into an agreement with Starfire Sports to develop and operate park athletic, recreation and associated facilities at the Fort Dent Park; and WHEREAS, portions of Fort Dent Park are within the Green River floodplain, and WHEREAS, the City of Tukwila participates in the National Flood Insurance Program and this program requires the City to adopt floodplain management standards and a floodplain construction permit process, and WHEREAS, the proposed Indoor Athletic Center does not meet the federal standards for floodplain construction in accordance with Chapter 16 52 of the Tukwila Municipal Code, dry floodproofing methods must be used, and WHEREAS, Starfire Sports has requested a variance that would allow for wet-floodproofing of the Indoor Athletic Center, an acceptable alternative under limited situations, and WHEREAS, The City of Tukwila has adopted the U S Army Corps of Engineers Flood -Proofing Regulations, the Federal Emergency Management Agency (FEMA) Floodproofing Standards, and the Federal Insurance Administration (FIA) Regulations which allow the City to grant wet-floodproofing variances to those standards and requirements if certain criteria are met as found in FIA Section 1910 6(a) of FIA Regulations, and WHEREAS, the proposed Starfire construction meets all of the FEMA wet-floodproofing variance criteria, to wit wet-floodproofing will not alter the actuarial rating of the Athletic Center for flood insurance purposes, will not subvert the goals of flood plain management, the Athletic Center will have elevated offices, restrooms, and concession area, and all components subject to flood damage will be at least one foot above the base flood elevation, and the federal standard (dry-floodproofing) would cause an exceptional financial hardship, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS Section 1 The above Whereas recitals are herein adopted as findings of fact Section 2. The Public Works Department is hereby authorized to grant a flood zone permit allowing for wet-floodproofing of the Starfire Athletic Center Wet-floodproofing shall be an administrative variance to Tukwila Municipal Code 16 52 due to the compelling public policy reasons stated above PASSED BY THE CITY COUNCIL OF THE Y OF TUKWILA, WASHINGTON, at a eeting thereof this a1.3 i"f day of 2003 ATTEST/ AUTI-MNTICATED- On Pam Carter, Council President Filed with the City Clerk: Passed by the City Council. Resolution Number- / 5 Z(o Resolution Starfire 6/19/03 doc 120 Transportation & Infrastructure Committee Minutes.............................................................................November19, 2019 D. Contract Amendment: 53rd Avenue South (South 1371h to South 1441h Streets) Project Staff is seeking Council approval of Amendment No. 7 to Contract No. 15-159 in the amount of $176,278 with KPG, Inc. This will allow continued construction engineering, inspection, and documentation compliance support for the full completion of the 5311 Avenue South Project. Discussion ensued that additional construction management services will confirm the value of a correct close-out. APPROVAL. FORWARD TO DECEMBER 2, 2019 REGULAR CONSENT AGENDA. E. Resolution for Administrative Variance Staff is seeking Council approval of a resolution that would provide an administrative variance to Tukwila Municipal Code Chapter 16.52 to allow wet -flooding of improvements to the Starfire Athletic Center within Fort Dent Park. This proposed variance will allow the enclosure of storage areas below the stadium and covered flex areas for practice. The practice area will be covered with artificial turf and used for their Academy STEM -based gamification program. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. F. Ordinance: Concurrency Standards and Transportation Impact Fees Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Chamber 9.48 to update the Transportation Impact Fee Schedule, use of traffic impact fees, and exemptions. The updates include project costs from the current CIP, final project costs from closed out projects, additions and deletions reflecting current needs, and other updates as outlined in the memo. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. II. MISCELLANEOUS The Transportation Committee Meeting adjourned at 6:04 p.m. Committee Chair Approval Minutes by HK, reviewed by GL 121 122 COUNCIL AGENDA SYNOPSIS Initiadr Meetin,g Date Prepared by Mayor's review Con 'review 11/25/19 GL 12/02/19 GL ITEM INFORMATION ITEM NO. 4.G. STAFF SPONSOR: GAIL LABANARA ORIGINAL AGENDA DATE: 11/25/19 AGENDA ITIM TITLE Public Safety Plan - Public Works Shops Phase 1 SHKS Architects Amendment No. 2 for Design CATEGORY ® Discussion Mig Date 11125119 ® Motion Mtg Date 12102119 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑Other Mtg Date SPONSOR ❑Counal ❑Mayor ❑HR ❑DCD ❑Finance ❑.Fire ❑TS ❑P&R ❑Police ®PWI ❑Court SPONSOR'S Council is being asked to approve Amendment No. 2 to Contract No. 18-197 with SHKS SUMMARY Architects to design the the necessay improvements to the Fleet and Facilities Building (Heiser) for the Public Works Shops Phase 1. This will include seismic retrofit for life -safety performance, interior and exterior improvements, and upgrades to the HVAC system. Amemdment No. 2 is for $518,880.00, with a 10% contingency of $51,880, for a not to exceed amount of $570,768.00. RFvIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ® Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/19/19 COMMITTEE CHAIR: ACTING - D. ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMITTEE Unanimous approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $570,768.00 $35,700,000.00 $0.00 Fund Source: 50/50 FUNDING WITH 306 GENERAL FUND & WATER, SEWER, AND SURFACE WATER UTILITY FUNDS Comments: pg 59, 2019 CIP MTG. DATE RECORD OF COUNCIL ACTION 11/25/19 12/02/19 MTG. DATE ATTACHMENTS 11/25/19 Informational Memorandum dated 11/15/19 (revised 11/20/19) SHKS Amendment No. 2 with scope and fee Minutes from the Transportation & Infrastructure Committee 11/19/19 12/02/19 123 124 City of Tukwila Public Works Department- Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash Public Works Director Wl- BY: Hari Ponnekanti, Deputy PW Director CC: Mayor Ekberg DATE: November 15, 2019 (revised 11/20/19) SUBJECT: Public Safety Plan — Public Works Shops Project No. 91630601, Contract No. 18.197 Amendment No. 2 with SHKS for Phase 1 Design Allan Ekberg, Mayor ISSUE Approve Amendment No. 2 to Contract No. 18-197 with SHKS Architects to design the Fleet and Facilities tenant improvements as part of the Public Works Shops Phase 1. BACKGROUND The City purchased the Heiser property at 11210 and 11234 Tukwila International Blvd in 2018 and took possession in July 2019 for the new Public Works Shops. City Council approved a Master Planning and Programming contract with SHKS Architects for $299,997 in September 2018. Amendment No. 1 to this contract was for $16,500 to complete demolition specifications. ANALYSIS SHKS has completed the Master Planning effort and Phase 1 includes relocating the George Long and Longacres operations to the new Fleet and Facilities Building (Heiser). Divisions being relocated include facilities and fleet operations, the Police vehicle impound yard, and the Longacres spoils site. Amendment No. 2 with SHKS Architects will design the necessary improvements to the Fleet and Facilities Building to include seismic retrofit. The structural upgrades consist of seismic strengthening of the buildina to meet ASCE 41-13 analvsis reauirements for Life Safety Derformance. The buildina will be renovated so that it remains stable and has significant reserve capacity in the steel frame in addition hazardous nonstructural damage from HVAC eauioment. ceilinas, liahts, etc. will be controlled by orovidina adequate bracina and attachments. Also included will be interior and exterior improvements, upgrades to the HVAC, mechanical, electrical, and the storm drainage system. FINANCIAL IMPACT Land Purchases SOJ Contract SHKS Contract 18-197 SHKS Amendment No. 2 SHKS 10% Contingency Misc. Charges Survey, Attorney Bond Debt Service Charges Lydig Demolition Total Total Expenditures Expenditures Balance Owing Budget $ 25,334,123.00 $ 35,700,000.00 166,757.52 287,351.12 $ 29,145.88 518,880.00 51,888.00 128,826.35 171,141.01 73,707.00 $ 26,088,199.00 $ 673,620.88 $ 35,700,000.00 26,761,819.88 RECOMMENDATION Council is being asked to approve Amendment No. 2 to Contract No. 18-197 with SHKS Architects for $518,880.00 with $51,888.00 in contingency for a total of $570,768.00 for design services for the Public Works Shops Phase 1 and to consider this item at the November 25, 2019 Committee of Whole meeting and subsequent December 2, 2019 Regular Council meeting. Attachments: SHKS Contract Amendment No.2 WAPW EngTROJECTSIA- BG Projects101 Public Safety PlanIPW Shops First Phase (91630601)Ilnfo Memo SHKS Am 2 Rev 112019.docx 125 126 City of Tukwila Agreement Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment No. 2 Between the City of Tukwila and SHKS Architects That portion of Contract No. 18-197 between the City of Tukwila and SHKS Architects is hereby amended as follows: Section 1 Project Designation: The City is retaining SHKS Architects to provide Design through Close -Out services in connection with the project titled Tukwila Public Works Facility project ("Project"). When the City initially engaged SHKS Architects through Contract No. 18-197 to provide Master Planning and Programming services, several sections of the incorporated AIA B104-2017 Document included the note, "To apply only to design services, if added by amendment." Because this Amendment No. 2 adds design services to the Project, those sections are now meant to apply to SHKS Architects services on the Project. Instead of identifying each of the individual sections of the AIA B104-2017 Document that now apply to SHKS Architect's services, this Amendment No. 2 includes a restated AIA B104-2017 that includes those sections. This restated version of the AIA B104-2017 Document is attached as Attachment A and incorporated by reference. Section 2 Scope of Services: SHKS Architects shall provide Schematic Design, Design Development, Construction Documents, Bidding, Construction Administration, and Project Closeout services related to the Project, as further described in Attachment A and its exhibit, and including the provision of all labor, materials, equipment, and supplies. Section 3 Payment: The City shall pay SHKS Architects for completed work and for services rendered under this Agreement as follows: The total fee for additional services related to Amendment No. 2 are $570,768.00. Payment for the work provided by SHKS Architects shall be paid as provided on Attachment A, provided that the total amount of payment to SHKS Architects shall not exceed $887,265.00 (including estimated expenses) 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 CITY OF TUKWILA Allan Ekberg, Mayor day of 120. ATTEST/AUTHENTICATED Christy O'Flaherty, MMC, City Clerk {AET2036207.DOC;1/05720.000003/ } CONTRACTOR Printed Name: APPROVED AS TO FORM Office of the City Attorney CA Revised December 2016 Page 1 of 1 127 128 AIA Document B10 4TM - 2017 Standard Abbreviated Form of Agreement Between Owner and Architect AGREEMENT made as of the << » day of « » in the year 4018— <2019 (In words, indicate day, month and year.) the Architect's client identified as the Owner: AND DELETIONS: The ADDITIBETWEEN author author of this document has (Name, legal statics, address and other information) added information needed for its completion. The author City of Tukwila may also have revised the 6200 Southcenter Boulevard text of the original AIA standard form. An Additions Tukwila WA 98188 and Deletions Report that notes added information as well as revisions to the standard form text is and the Architect: available from the author and (Name, legal status, address and other information) should be reviewed. This document has important SHKS Architects, P.S., Inc. legal consequences. 1050 N 3811 Street Consultation with an Seattle WA 98103 attorney is encouraged with respect to its completion or Ph: (206) 675-9151 modification. for the following Project: (Name, location and detailed description) Public Works Facility First Amendment (Phase 2: Design Through Close-out) The Owner and Architect agree as follows. ELECTRONIC COPYING of any portion of this AIA' Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document H104" - 2017. Copyright U 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, 1 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45:55 on 07/11/2018 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 129 TABLE OF ARTICLES 0 GENERALTERMS 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 0 GENERAL TERMS § 0.1 Project Designation. The Architect is retained by the Owner to perform Phase 4-2 of the Project, which includes Project Design through Close -Out. This Agreement is incorporated into the First Amendment, which was contemplated in the Phase 1 Agreement for master planning and programming services, a -building Eenitien conditions assessment, and determining theN4aximum Allowable C-OnStFuetien Gent (n^ ^ GG) f the PFE, eet (defined in RG"I ._10(l 1)). Certain terms in this Ag-Feemetit apply enly to design negotiatedANZ-hif-p-r-4-'s Scope of Services by Owner thFOugh a mutually executing By this Agreement, heweveF, the pat4ies undeEstand that the Owner is not obligated to add the design serviees to Architect's Seepe 9 des Project MACC. § 0.2 Scope of Services. The Architect agrees to perform the services described in this Agreement, including the Architect's Fee Proposal dated September ?T^November 6,�444 2019, attached to this Agreement as Exhibit A-a4 other exhibits that may be added by an amendment exeeuted by the paF fios The services include the provision of all labor, materials, equipment and supplies and include coordination with, and incorporating the needs of, other entities and public agencies as directed by Owner. § 0.3 Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending at the completion of required scope of services, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the Owner to the Architect to proceed. The Architect shall perform all services and provide all work product required pursuant to this Agreement no later than N4aF h !-May 1 ] 3 2021, unless an extension of such time is granted in writing by the Owner. § 0.4 Payment. The Architect shall be paid by the Owner for completed work and for services rendered under this Agreement as follows: AIA Document B104" — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA® Document, 2 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14: 45: 55 on 07/11/2018 under Order No. 3600792784 which expires on 06/30/2018, and is not for resale. User Notes: (1412713590) 130 A. Payment for the work provided by the Architect shall be made as provided in this Agreement, provided that the total amount of payment to the Architect shall not exceed Two Hundred Ninety Seven Thousand Nine u.,.,a,-oa T,,, +., 7.r: Dollars ie297 mn nnFive Hundred Seventy Thousand Seven Hundred Sixty -Eight Dollars ($570.768) without express written modification of the Agreement signed by the Owner. B. The Architect may submit vouchers to the Owner once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the Owner and, upon approval thereof, payment shall be made to the Architect in the amount approved. C. Final payment of any balance due the Architect of the total contract price earned will be made promptly upon its ascertainment and verification by the Owner after the completion of the work under this Agreement and its acceptance by the Owner. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Architect's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the Owner and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. § 0.5 Compliance with Laws. The Architect shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. § 0.6 Indemnification. The Architect shall indemnify and hold the Owner, its officers, officials, employees and volunteers harmless from any and all injuries, damages, losses or expenses including reasonable attorney fees and litigation costs to the extent recoverable under applicable law, to the extent caused by the negligent acts, errors or omissions of the Architect in performance of this Agreement, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Architect and the Owner, its officers, officials, employees, and volunteers, the Architect's liability hereunder shall be only to the extent of the Architect's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ARCHITECT'S WAIVER OF EMPLOYER IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. § 0.7 Independent Contractor. The Architect and Owner agree that the Architect is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Architect nor any employee of the Architect shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The Owner shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Architect, or any employee of the Architect. § 0.8 Inconsistent Provisions. In the event provisions of this Article 0 are expressly inconsistent with any other provision or exhibit of this Agreement, the provisions of this Article 0 shall prevail and take precedence. ARTICLE 1 INITIAL INFORMATION To apply only to design seNiGes, if added by amendment. § 1.1 This Agreement is based on the Initial Information set forth below: (State below details of the Project's site andprogram, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, and other information relevant to the Project.) AIA Document B104" — 2017. Copyright J 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, 3 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14: 45: 55 on 07/11/2018 under Order No. 3600792784 which expires on 08/30/2016, and is not for resale. User Notes: (1412713590) 131 Initial Information for the Project is set forth in the attached Exhibit ['& be neefiate]A, which is incorporated by reference. Initial information is to include construction budget, anticipated design and construction milestones, Owner representatives, and Architect's consultants. § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203T"-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202TM-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services set forth in this Agreement consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.2 The Architect shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Architect, its agents, representatives, or employees. A. Minimum Amounts and Scope of Insurance. Architect shall obtain insurance of the types and with the limits described below: .1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. .2 Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. Owner shall be named as an insured under the Architect's Commercial General Liability insurance policy with respect to the work performed for the Owner. .3 Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. .4 Professional Liability with limited of no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the architectural profession. B. Other Insurance Provision. The Architect's Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the Owner. Any insurance, AIA Document B104� — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, Q or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14: 45:55 on 07/11/2016 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 132 self-insurance, or insurance pool coverage maintained by the Owner shall be excess of the Architect's insurance and shall not be contributed or combined with it. C. Acceptability. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Architect shall furnish the Owner with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Architect before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the Owner within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Architect shall provide the Owner with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Architect to maintain the insurance as required shall constitute a material breach of contract, upon which the Owner may, after giving five business days' notice to the Architect to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or at the sole discretion of the Owner, offset against funds due the Architect from the Owner. § 2.3 Certificates of Insurance. The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in Section 2.2. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICE , if . § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on (1) the accuracy and completeness of the services and information furnished by the Owner and (2) the Owner's approvals. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.2 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.3 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. AIA Document B104" — 2017. Copyright V 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 5 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14: 45: 55 on 07/11/2018 under Order No. 3600792789 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 133 § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall review the cost consultant's estimate of the Cost of the Work prepared in accordance with Section 6.3 prior to submitting the estimate to Owner. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall review the updated estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval prior to submitting the estimate to the Owner. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. AIA Document B104n'- 2017. Copyright G 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 6 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14: 45: 55 on 07/11/2018 under Order No. 3600792784 which expires on O6/30/2018, and is not for resale. User Notes: (1412713590) 134 § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall review and provide written comment to the construction cost estimate produced by the Architect's estimating consultant or GCCM, including scope of work missing from the estimate. The Architect shall provide written concurrence that the estimate reflects the construction documents produced by the Architect. The Architect shall have seven (7) days to review and provide comments to the estimate from the date the estimate is received. This scope also applies to intermediate construction document submittals. § 3.4.5 The Architect shall submit the Construction Documents, along with a written statement that the Owner's design development comments have been incorporated into this submittal, to the Owner, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre -bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; AIA Document B104' — 2017. Copyright J 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 7or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14: 45: 55 on 07/11/2018 under Order No. 3600792784 which expires on 08/30/2016, and is not for resale. User Notes: (1412713590) 135 .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the construction agreement between the Owner and Contractor ("Construction Agreement"). Construction administration services in excess of those contemplated below and in the Construction Agreement will be performed as Additional Services. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2, the Architect's responsibility to provide Construction Phase Services commences with the award of the Construction Agreement and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.2 to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect will consult with the Owner concerning the advisability of rejecting Work that is observed to be out of conformity with the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. AIA Document B104" — 2017. Copyright J 1974, 1978, 1967, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, B or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45:55 on 07/11/2018 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 136 § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.. § 3.6.2.5 The Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site observations or inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, reject, or take other appropriate action, upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or any construction means, methods, techniques, sequences or procedures. The Architect's review of or approval of a specific item shall not indicate review or approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. ALA Document B104n'— 2017. Copyright 0 1974, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAm Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, 9 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45: 55 on 07/11/2018 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 137 § 3.6.4.4 The Architect shall review and respond to written requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check the general conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.0 Additional Serv!Ges fer Phase 1 of the 121-8jeOt aFe identified in &dmibit A. The AFGhiteet may previde these ,A dddditiARM ------- Sem,iees after exeeutien afthis AgFeement without invalidating the Agreement. Upon reeegnizing the need AIA Document H104m — 2017. Copyright cD 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA9 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AW Document, 1 O or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14: 45: 55 on 07/11/2018 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 138 Sertions 4 1 thFough 4.2.4 will apply to Design SeWiGes, if added by . § 4.1 Supplemental Services are not included in Basic Services but may be required for the Project. The Architect shall provide the Supplemental Services indicated below, and the Owner shall compensate the Architect as provided in Section 11.2. Supplemental Services may include programming, site evaluation and planning, environmental studies, civil engineering, landscape design, telecommunications/data, security, measured drawings of existing conditions, coordination of separate contractors or independent consultants, detailed cost estimates, on -site project representation beyond requirements of Section 4.2.2, value analysis, interior architectural design, tenant related services, preparation of record drawings, commissioning, sustainable project services, and any other services not otherwise included in this Agreement. (Identify below the Supplemental Services that the Architect is required to provide and insert a description of each Supplemental Service, if not further described in an exhibit attached to this document.) The table of responsibility F,r- and ,,eseFiptien of Supplemental Services are set forth in the attached Exhibit_ `-ram negelialed], which is ineerperated by ref fen&L A as "Optional Additional Services." § 4.2 The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Upon recognizing the need to perform Additional Services, the Architect shall notify the Owner. The Architect shall not provide the Additional Services until the Architect receives the Owner's written authorization. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3. § 4.2.1 The Architect shall provide services necessitated by a change in the Initial Information, changes in previous instructions or approvals given by the Owner, or a material change in the Project including size; quality; complexity; the Owner's schedule or budget for Cost of the Work; or procurement or delivery method as an Additional Service. § 4.2.2 The Architect has included in Basic Services " ie be e6 ,, a,. / ) ` visits t the site by the A rehiteet dUFill-, e0nStFHGtieH. The Arehiteet shall eanduet site N,isits in exeess of that ameunt as an Additional Se site visits appropriate to the state of construction to become familiar with and keep Owner informed about progress and quality. Unless designated otherwise in Exhibit A, site visits shall not be Additional Services. § 4.2.3 The Architect shall, as an Additional Service, provide services made necessary by a Contractor's proposed change in the Work. The Architect shall prepare revisions to the Architect's Instruments of Service necessitated by Change Orders and Construction Change Directives as an Additional Service. Design services for Owner -requested changes are to be billed against the "Design Service Contingency" designated in Exhibit A. b of the date of this AgFeeffleiit, bh no fault of the - ' shall be compensated as Additional Servie&s. ARTICLE 5 OWNER'S RESPONSIBILITIES— To apply only to design seNiGes, Of added by amendment § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project; a written legal description of the site; and services of geotechnical engineers or other consultants, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. AIA Document B104" — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 1 1 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45:55 on 07/11/2018 under Order No.3600792764 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 139 § 5.4 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.5 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests; tests for air and water pollution; and tests for hazardous materials. § 5.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.8 The Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. § 5.9 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.10 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK To apply only te design serviGes, if . § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner, and all other items included in the definition of MACC in RCW 39.10.210(11)). . The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights -of -way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Any evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work provided by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 The Architect will provide the services of a professional estimating consultant as an Additional Service. In preparing estimates of the Cost of Work, the Architect's consultant shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's consultant's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, construction procurement activities have not commenced within 90 days after the Architect submits the Construction Documents to the Owner the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. AIA Document B104�— 2017. Copyright J 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 12 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14: 45: 55 an 07/11/2018 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 140 § 6.5 If at any time the estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's current budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 Upon the making of final payment to the Architect, the Owner shall receive ownership of the property rights, including copyrights, of all documents, drawings, specifications, electronic data and information ("Documents") prepared, provided or procured by the Architect or by consultants retained by the Architect for this Project. If requested to do so by the Owner, the Architect shall assign its copyrights to Owner and execute all other documents necessary to give effect to this section. The transfer of such ownership to the Owner shall not prevent the Architect or its consultants from using or replicating an individual standard feature and functionally -required element shown in the Documents or to retain electronic data or other reproducible copies of the Documents or the right to reuse information contained in them in their normal course of business and the Architect shall have a non-exclusive license to so use the documents. The Architect and its consultants shall be deemed the authors of such Documents, and shall be given appropriate credit in the public display of such Documents. The transfer of ownership of the Documents to the Owner provided for herein shall not be deemed to be a sale of goods by the Architect, and the Architect makes no warranties, express or implied, of merchantability or fitness for a particular purpose as provided for by RCW 62A.2 et seq. § 7.2 If this Agreement is terminated, the Owner shall receive ownership of the property rights of the Documents upon payment of all sums due, at which time, the Owner shall have the right to use, to reproduce and to make derivative works from the Documents to complete the Project. If this Agreement is terminated for default, the Owner is entitled ownership rights upon such notice of termination to the Architect. Architect agrees to assign all copyrights to Owner as necessary to effectuate this Article. § 7.3 The Owner may use, reproduce or make derivative works from the Documents for subsequent renovation and remodeling of the Project, but shall not use, reproduce or make derivative works from the Documents for other projects. The Owner's use of the Documents without the Architect's involvement or on other projects is at the Owner's sole risk. § 7.3.1 This t' ' to apply only to design sewof added by arnendment: In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, following termination of this Agreement when the Architect is not in default, or following completion of the Architect's performance under this Agreement, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses, but only to the extent damages could have been reduced or avoided had the author of the Instruments of Service been retained with respect to the use. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from AIA Document B104' — 2017. Copyright 1,) 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 1 3 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45: 55 on 07/11/2018 under Order No. 3600792784 which expires on 08/30/2010, and is not for resale. User Notes: (1412713590) 141 the Owner's use of the Instruments of Service under this Section 7.3. L The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 The Architect shall obtain from its consultants, property rights and rights of use that correspond to the rights given by the Architect to the Owner in this Agreement. § 7.5 The provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other, for damages, except such rights as they may have to the proceeds of such insurance as set forth in the Construction Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.6. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to direct negotiations per Section 12.1 then mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 If direct negotiations fail to resolve any dispute between the parties, the Owner and Architect shall endeavor to resolve claims, disputes, and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.3 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ « » ] Arbitration pursuant to Section 8.3 of this Agreement [ « X » ] Litigation in a court of competent jurisdiction [ « » ] Other: (Specify) AIA Document B104''x— 2017. Copyright Q 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 1 4 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45:55 on 07/11/2018 under Order No.3600792789 which expires on 06/30/2018, and is not for resale. User Notes: (1412713590) 142 If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 [Intentionally omitted.] § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.5.1 In the event of the death of a member, partner or officer of the Architect, or any of its supervisory personnel assigned to the project, the surviving members of the Architect hereby agree to complete the work under the terms of this Agreement, if requested to do so by the Owner. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Architect and the Owner, but only if the Owner so chooses. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee None .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: None AIA Document H104a'— 2017. Copyright J 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 1 5 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45: 55 on 07/11/2018 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 143 § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be subject to, and the Architect shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. § 10.2 Terms in this Agreement shall have the same meaning as those in the Construction Agreement, or if not defined in the Construction Agreement, then in the AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates or consents, the proposed language of such certificates or consents shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 The Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. However, the Architect's materials shall not include information the Owner has identified in writing as confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: 1 Stipulated Sum (Insert amount) .2 Percentage Basis (Insert percentage value) AIA Document B104" — 2017. Copyright O 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 1 6 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45: 55 on 07/11/2018 under order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 144 (« » ) % of the Owner's budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) On an hourly basis, according to the hourly rates stated in Exhibit A, up to and not to exceed a maximum amount of Twe 14undFed Ninety Seven Th..usan,1 Nine, 1.,„,7.ed f weHt Nine n II^rs ($2O7�—-°'�)--Four Hundred Sixty -Two Thousand Eight Hundred Eighty Dollars ($462,880). § 11.2 For Supplemental Services identified in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to ivhich particular methods of compensation apply.) There are no Supplemental Services for Phase 1 On an hourly basis, according to the hourly rates stated in Exhibit A, up to and not to exceed a maximum amount as agreed to by the parties prior to the Architect providing such services. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) A ddifie„^1 Sen,iees and theiF eerrespending costs are On an hourly basis, according to the hour( rates ates stated in Exhibit A:. ua to and not to exceed a maximum amount of Fiftv-Six Thousand Dollars ($56,000). The Design Service Continaencv referenced in Section 4.2.3 above is Fiftv-One Thousand Eiaht Hundred Eighty -Eight ($570,888). § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus o » percent ( « »%), or as follows: The amounts stated as the costs forAdditional Sewiees in Exhibit A include Arehiteet mar-k�. If not included in Sections 11.2 or 11.3, the parties shall agree upon compensation for Supplemental and Additional Services of the Architect's consultants prior to Architect retaining those consultants for the Project. § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: [per state scheduleJ-4ray4X-U6ed4Gf design sewiGes, if added by amendment. Schematic Design Phase fifteen percent ( 15 %) Design Development Phase twenty-five percent ( « )>25 %) Construction Documents thirty-four percent ( 34 %) Phase Design Phase four percent ( 4 %) Construction Phase twenty-two percent ( 22 %) Post Occupancy Phase two percent ( 2 %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. AIA Document B104"- 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 1,7 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45:55 on 07/11/2018 under Order No.3600792789 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 145 § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Hourly rates are stated in Exhibit A. Employee or Category Rate § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 Expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally maintained by the Architect and the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus a ten » percent ( « 10 » %) of the expenses incurred. The estimated reimbursable expenses for Phase4-2 are Islint, Three Thousand F MF Five Hundred Sixty Eight /eo 469 nnyollars ($3.500) and are included in the not -to -exceed amount identified in Section 11.1. § 11.9 Payments to the Architect § 11.9.1 Initial Payment An initial payment of « zero)) ($ « 0 )) ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.9.2 Progress Payments § 11.9.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid forty-five (45) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 10% per annum § 11.9.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. AIA Document B104n'— 2017. Copyright u 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This ALA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, 1 8 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45:55 on 07/11/2018 under Order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 146 § 11.9.2.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) § 12.1 Direct Negotiations. As a condition precedent to mediation and litigation, the Owner or the Architect shall attempt to resolve all disputes via direct negotiations. Either the Owner or the Architect may make a request for direct negotiations. Direct negotiation representatives of the parties shall be the Owner's Designated Representative, as defined in Section 1.1.8 and the Architect's Designated Representative, as defined in Section 1.1.10. Direct negotiations shall take place at the Project worksite or at a location as agreed to by Owner's and Architect's Designated Representatives. Each party shall document results of the direct negotiations, and these documents shall be exchanged between the parties. § 12.2 Covenant Against Contingent Fees. The Architect warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Architect, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Architect, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the Owner shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. § 12.3 Discrimination Prohibited. The Architect, with regard to the work perfonned by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. § 12.4 Assignment. The Architect shall not sublet or assign any of the services covered by this Agreement without the express written consent of the Owner. § 12.5 Non -Waiver. Waiver by the Owner of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. § 12.6 Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. § 12.7 Notices. Notices to the Owner shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Architect shall be sent to the following address: SHKS Architects, P.S., Inc. 1050 N 38`h Street Seattle WA 98103 Attn: Adam Hutschreider, Principal AIA Document B104m — 2017. Copyright O 1974, 1978, 1967, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA® Document, 1 9 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14: 45: 55 on 07/11/2018 under Order No.3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 147 § 12.8 Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the Owner and the Architect and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 104Tm-2017, Standard Abbreviated Form of Agreement Between Owner and Architect .2 AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this agreement.) MW .3 Exhibits: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits identified in Section 4.1.) Exhibit A: SHKS Architects Fee Proposal, dated ge-24November 6,-2A18 2019 .4 Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement.) • Report from Wagner Architects • Phase 1 and 2 Environmental Site Assessments • Geotech report • Building Condition Assessments • As -built documents from building owners • Existing Stormwater Pollution Prevention Plan SWPP information • Existing building drawings for existing CoT Public Works buildings/property - George Long and Minkler Shops • Program Information - Employee counts (Division/Group breakdown, matrix), equipment/fleet (quantity, size), future staff and equipment projections • Space needs assessments • Sustainability goals/requirements • Sound transit easement • Century Link easement • Shoreline setback memo This Agreement entered into as of the day and year first written above. AIA Document B104n — 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, 20 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45:55 on 07/11/2018 under Order No.3600792764 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) OWNER (Signature) u »« (Printed name and title) ARCHITECT (Signature) »« (Printed name, title, and license number, if required) AIA Document B104n - 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, 2 1 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45: 55 on 07/11/2018 under order No. 3600792784 which expires on 08/30/2018, and is not for resale. User Notes: (1412713590) 149 150 S H K S A R C H I T E C T S November 06, 2019 Had Ponnekanti City of Tukwila Public Works Department 6300 Southcenter Blvd Ste 100 Tukwila, WA 98188 Re: CITY OF TUKWILA PUBLIC WORKS Dear Hari, am writing to request compensation for services including design through project closeout. These services include preparing design, permit and bid documents, and construction contract administration for the City of Tukwila Public Works (TPW) Shops Building (Heiser) renovation. Please do not hesitate to contact us with any questions you may have. Sincere Adam utschreid r, AIA Principal cc: Jonathan Hartung, file Seattle, WA I Burlington, VT www.shksarchitects.com 151 152 S H K S A R C H I T E C T S Additional Services Fee Proposal Project Name CITY OF TUKWILA PUBLIC WORKS Date Submitted November 06, 2019 Revision Number: PROJECT UNDERSTANDING SHKS Architects basic services include schematic design, design development, construction documents, bidding, construction contract administration, and project close-out services for the Tukwila Public Works Shops Phase 1 (Heiser) renovation as established in City Project No. 91630601, Contract 18-197. Ourscope of work includes renovations to the existing building only, to accommodate TPW vehicle maintenance operations and facilities and custodial crews. Renovations include: seismic upgrades to the existing structure, MEP upgrades to meet code requirements and improve occupant health, office tenant improvement, locker rooms and showers, parts storage, shop, and vehicle maintenance bays. The City of Tukwila has elected to perform sitework improvements including., utilities, site structures, landscaping and site grading directly with a Job -Order -Contractor and are therefore excluded from Architectural Basic Services. Basic services include architectural, structural, mechanical and electrical services. Basic service meetings are limited to four meetings during Schematic Design, five meetings during Design Development and five meetings during Construction Documents. Each meeting is budgeted for four hours including travel time. All meetings are scheduled to occur at TPW offices. Meetings during design and construction documents beyond (14) identified above, are an additional service. SCOPE OF SERVICES & DELIVERABLES 1. Schematic Design (30% Design) • Schematic Drawings 2. Design Development (60% Design) • 100% DD Drawings and outline specifications (coordinate owner division 0 and 1) • 100% DD Cost Plan • Permit submittal including drawings, calculations and revisions 3. Construction Documents • 90% Design Drawings • 100% Bid Documents (drawings and specifications) 4. Bidding • Coordinate issuance of bid documents • Respond to bidder questions • Clarify bid documents 5. Construction Administration • Site visits appropriate to stage of construction to become familiar with and keep Owner informed about progress and quality • Arrange and attend construction meetings bi-weekly and record meeting notes, maximum of 20 meetings are included. Meetings beyond 20 will be billed at hourly rates as established in City Project No. 91630601, Contract 18-197 153 S H K S A R C H I T E C T S 6. Project Closeout • Review Work for completeness and quality. Record deviations and issue punchlist to Contractor • Review operations and maintenance manuals • Assess, determine and issue notice of Final Completion MAXIMUM ALLOWABLE CONSTRUCTION COST (MACC) The anticipated maximum allowable construction cost (MACC) for the project is $4,400,000. BASIC SERVICE FEE We have based our fee proposal on the State of Washington A/E Fee Schedule for Public Works Building Projects (Schedule C) with a 3% adjustment for remodel design of an existing building. Based on a percentage of 10.52% of the MACC, the fixed fee for basic services is $462,880. ADDITIONAL SERVICES Building Assessment and Survey: Scope includes Building Assessment and Survey include a reasonable field observation and assessment of the building shell and building systems to assess their adequacy for continued use or need for replacement as part of the project. Includes site visits to document existing conditions, field verification, and one meeting with the consultant team to review findings. Scope assumes maximum of 65 hours for site visits, documentation and coordination. Additional time beyond 60 hours, if required, will be billed per hourly rates established in City Project No. 91630601, Contract 18-197. Value Engineering (SHKS Architects): Scope for Value Engineering Services includes participation in a Value Engineering exercise to determine reduced cost alternates to reduce overall construction costs. Includes a maximum of 60 hours of time for SHKS. Additional time beyond 60 hours, if requested, will be billed per hourly rates established in City Project No. 91630601, Contract 18-197. Record Drawings Includes providing record as -built drawings at the conclusion of Project Closeout. Includes transcribing all Architect -generated changes during construction, as well as converting the Contractor's as -built drawing set into a complete BIM or CAD generated drawing set. Envelope Consultant (Wetherholt and Associates) Scope includes consulting services to review building envelope assembly, make recommendations and coordinate documents. Fees include up to two meetings during design at SHKS offices and four site visits during construction to review assembly installations. Additional meetings and/or site visits, if requested, will be billed per hourly rates established in City Project No. 91630601, Contract 18-197. Maintenance Facility Design (Whitman, Requardt and Associates, LLP): This scope includes design and specification consulting and document review of the vehicle maintenance facility. Fees include up to 40 hours of consultant time. Additional meetings, consultation, and/or design review, if requested, will be billed per hourly rates established in City Project No. 91630601, Contract 18-197. Site Planning and Coordination (SHKS Architects): Fees for Site Planning Services include consulting services to plan and coordinate site improvements. Construction work to be performed by the City of Tukwila Job Order Contractor. Includes up to 80 hours of consultant time. Additional time beyond 80 hours, if requested, will be billed per hourly rates established in City Project No. 91630601, Contract 18-197. Reimbursables: 154 S H K S A R C H I T E C T S Expenses in addition to compensation for Basic Services include expenses incurred by the Architect directly related to the Project. Expense costs to be reimbursed by the Client may include but are not limited to the following: printing, courier fees, mileage, permit fees, other fees, presentation materials, models, visualizations, and photography. The Architect shall seek prior authorization from the Owner for these expense costs. For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect plus « Ten » percent ( 00 )) %) of the expenses incurred. The estimated reimbursable expenses for this project are $3,500. The above additional services totaling $56,000 are in addition to the Basic Service Fee. OPTIONAL ADDITIONAL SERVICES Optional additional services may be added at the Owner's request and could extend the design schedule. Services will be billed per hourly rates established in City Project No. 91630601, Contract 18-197. Phased Permitting and/or Bid Packages: Basic service fees include one permit submittal and one bid package. Phased permitting and or bid packages are not included. If requested, fees will be billed per hourly rates established in City Project No. 91630601, Contract 18-197. Phased permitting and bid packages will extend the project schedule. Civil Engineering (LPD Engineering): Civil Engineering Services in support of City of Tukwila sitework improvements are not included. If requested, fees will be billed per hourly rates established in City Project No. 91630601, Contract 18-197. Landscape Architecture (SiteWorkshop): Landscape Architecture Services in support of City of Tukwila sitework improvements are not included. If requested, fees will be billed per hourly rates established in City Project No. 91630601, Contract 18-197. DESIGN SERVICE CONTINGENCY $51,888 10% of the overall basic and additional services fee is included as a design service contingency to be used to address design service changes requested by the Owner but not known at this time. Utilization of the contingency will require mutual agreement in writing by SHKS Architects and the Owner, prior to performing services. SUMMARY OF FEES Basic Services: $462,880 Additional Services: $56,000 Design Service Contingency: $51,888 Total: $570,768 RATES Rates are hourly, in accordance with the rates stated in City Project No. 91630601, Contract 18-197. SCHEDULE Schematic Design Design Development Construction Documents Bidding Construction Project Closeout 12/04/19 through 01/31/20 02/04/20 through 03/31/20 04/08/20 through 07/02/20 07/13/20 through 08/31/20 08/31/20 through 03/30/21 03/31/21 through 05/11/21 155 156 City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes November 19, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Acting Chair Dennis Robertson, Verna Seal, De'Sean Quinn Staff: David Cline, Henry Hash, Gail Labanara, Han Kirkland, Ryan Larson, Peter Lau, Cyndy Knighton, Alison Turner, and Chris Andree CALL TO ORDER: Acting Committee Chair Robertson called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Transportation Demand Management (TDM) Agreement 2020 Staff is seeking Council approval of an agreement with King County Metro to accept $75,000 in pass through funding from the Transportation Demand Management Corridor Strategies Supporting Centers Federal Congestion Mitigation and Air Quality grant. Funding will be used to continue TDM activities in South King County and no City match is required. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 2, 2019 REGULAR CONSENT AGENDA. B. Resolution: Title VI Program Staff is seeking Council approval of a resolution that would formally establish a Title VI Program as requested by King County Metro. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program receiving federal funding. While some Title VI elements are already implemented in the City, the Program has not been formally adopted. In 2020, staff will further develop an organization -wide Title VI Program that meets all federal requirements. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. C. Contract Amendment: Public Works Shops Phase 1 Staff is seeking Council approval of Amendment No. 2 to Contract 18-197 in the amount of $570,768 with SHKS Architects to design the Fleet and Facilities Building tenant improvements as part of the Public Works Shops Phase 1. SHKS completed the Master Planning effort and this amendment will design the necessary improvements including seismic retrofit, interior and exterior improvements, upgrades to HVAC, mechanical, electrical, and storm drainage systems. The seismic upgrades consists of seismic strengthening of the building to meet ASCE 41-13 analysis requirements for Life Safety performance. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. 157 158 COUNCIL AGENDA SYNOPSIS ----------------------------------Initials Meeting Date Prepared b Mao r reviem Council review 11/25/19 GL 12/02/19 GL ITEM INFORMATION ITEMNO. 4.H. STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL. AGENDA DATE: 11/25/19 AGENDA ITEM TITLE Concurrency Standards and Transportation Impact Fees Ordinance Updating Tukwila Muncipal Code Chapter 9.48 CATEGORY N Dtsc'ttssion Mtg Date 11/25/19 N Motion Mtg Date 12/02/19 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑.Finance ❑Fire ❑TS ❑P&R ❑Police NPWI ❑Court SPONSOR'S Council is being asked to approve the Ordinance amending Tukwila Municipal Code Chapter SUMMARY 9.48 to update the Transportation Impact Fee Schedule. This ordinance will update project costs from the current Capital Improvement Program (CIP), finalize project costs from closed projects, and adds/deletes projects reflecting current needs. This Ordinance also includes a ten-year window for expending impact fees and changes to exemptions. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. N Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/19/19 COMMITTEE CHAIR: ACTING - D. ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMITTEE Unanimous approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/25/19 12/02/19 MTG. DATE ATTACHMENTS 11/25/19 Informational Memorandum dated 11/15/19 Draft Ordinance with new 2020 Transportation Impact Fees Summary of Traffic Impact Fee Changes Comparison of 2018 Traffic Impact Fees in Western Washington 2007 Transportation Impact Fee Schedule & Traffic Impact Zones Map Minutes from the Transportation & Infrastructure Committee 11/19/19 12/02/19 159 160 TO: FROM BY: CC: DATE: City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM Transportation and Infrastructure Committee Henry Hash, Public Works Director ! /� Cyndy Knighton, Senior Program Manager Mayor Ekberg November 15, 2019 SUBJECT: Concurrency Standards and Transportation Impact Fees Ordinance Updating TMC Chapter 9.48 Allan Ekberg, Mayor ISSUE Amend certain sections of the Tukwila Municipal Code (TMC) Chapter 9.48 to update the Transportation Impact Fee Schedule (TIF), use of traffic impact fees and exemptions. BACKGROUND In December 2005, the City established traffic concurrency standards and a new impact fee process, adopted via ordinance and codified in TMC Chapter 9.48. Since that time, the TIF has been updated once and various revisions to the Concurrency Standards and Transportation Impact Fees chapter have been made. ANALYSIS Updates to the TIF have been made to include updated project costs from the current Capital Improvement Program (CIP) as well as final project costs from past projects which been closed out. Also included in the updated TIF are additions and deletions of projects to reflect the current needs of the City in maintaining roadway capacity and levels of service. A summary of the changes is attached to this memorandum. In addition to updating the TIF, staff identified a few other sections which needed updating or clarification to reflect current conditions. TMC Section 9.48.040 has been updated to include a ten-year window for expending or encumbering impact fees from date of receipt. This change reflects the current state law, which was originally a six -year window. Additionally, the last sentence of the section is proposed for reinstatement. Allowing for trip generation credit for existing buildings/uses was originally granted so long as the building had been in use and not vacant for 12 months or less. In 2010, the City struck this sentence as a temporary way to mitigate the impacts on the development community associated with the Great Recession. With the strong economic and development climate, staff does not recommend giving trip credit for vacancies of more than 12 months. TMC Section 9.48.125 revises the language on how the TIF is adopted to reflect actual practice and match Section 9.48.100. The current language in 9.48.125 states Public Works Fee Schedule establishes the TIF, which is established by Ordinance. The TIF is established via ordinance and codified in TMC Chapter 9.48. Currently TMC Section 9.48.125 exempts accessory residential structures from paying impact fees. This is proposed to be removed with the advent of more and more Accessory Dwelling Units (ADU) being constructed, often as an accessory structure. ADUs are subject to paying impact fees and are charged at the multi -family rate for the zone that they are built in. Other types of accessory W:\PW Eng\PROJECTS\A- RW & RS Projects\Concurrency & Impact FeesUN FORMATION MEMO -Impact Fee Update 2020.docxw:\pw eng\projects\a- rw & rs projects\concurrency & impact fees\information memo - impact fee update 2020.docx 161 Info Memo Modifying TMC 9.48 Page 2 structures such as a garage do not increase trip generation and are therefore already exempt from being charged an impact fee. FINANCIAL IMPACT The updated TIF will generally increase the amount of traffic impact fee monies being collected. The impact fees are placed in a dedicated account for use only on the projects identified within the fee calculations. RECOMMENDATION Council is being asked to approve the Ordinance amending TMC Chapter 9.48 and consider this item at the November 25, 2019 Committee of the Whole and subsequent December 2, 2019 Regular Meeting. ATTACHMENTS • Draft Ordinance with new 2020 Transportation Impact Fee Schedule • Impact Fee Changes Summary • Comparison of 2018 Impact Fees in Western Washington • 2007 Transportation Impact Fee Schedule Traffic Impact Fee Zones Map 162 WAPW EngTROJECTSW RW & IRS Projects\Concurrency & Impact Fees\INFORMATION MEMO - Impact Fee Update 2020.docx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2521 §2, 2305 §2 AND 2111 §1 (PART), AS CODIFIED IN VARIOUS SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 9.48, "CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES," TO UPDATE FEES AND FEE CALCULATION LANGUAGE; REPEALING ORDINANCE NO. 2156; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila's concurrency standards and transportation impact fees are codified at Chapter 9.48 of the Tukwila Municipal Code; and WHEREAS, the City of Tukwila desires to update its impact fees to reflect current costs; and WHEREAS, the City Council desires to amend certain sections relating to calculation and use of impact fees, and exemptions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Figure 9-1 Amended. Ordinance No. 2111 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 9.48.030, "Imposition of Transportation Impact Fees," is hereby amended by updating the Traffic Impact Fee Schedule, as codified as Figure 9-1, and attached to the ordinance as "Exhibit A." Section 2. TMC Section 9.48.040 Amended. Ordinance Nos. 2305 §2 and 2111 §1 (part), as codified at TMC Section 9.48.040, are hereby amended to read as follows: 9.48.040 Calculation of Impact Fees A. The method of calculating the transportation impact fees in this chapter incorporate, among other things, the following: 1. The cost of public streets and roads necessitated by new development; W: Legislative Development\Concurrency Stds and Impact Fees strike -through 11-4-19 CK:bjs Review and analysis by Barbara Saxton Page 1 Of 4 163 2. An adjustment to the costs of the public streets and roadways for past or future mitigation payments made by previous development to pay for a particular system improvement that was prorated to the particular street improvement; 3. The availability of other means of funding public street and roadway improvements; and 4. The methods by which public street and roadway improvements were financed. B. Fees for development shall be calculated based on their net new "p.m. peak hour" trip generation rates as determined by the Public Works Director, or designee, applying the ITE Trip Generation Manual. If the proposed development activity concerns an existing use, the fee shall be based on net new trips generated by the redevelopment. If an existing building has not been used for its intended purpose or has been vacant for twelve months or more preceding application, no credit for existing trips shall be given. Section 3. TMC Section 9.48.090 Amended. Ordinance No. 2111 §1 (part), as codified at TMC Section 9.48.090, subparagraph G., is hereby amended to read as follows: 9.48.090 Use of Impact Fees G. Transportation impact fees shall be expended or letter encumbered for a permissible use within six -ten years of receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than ten years. The Public Works Director may recommend to the Council that the City hold fees beyond ten years in cases where extraordinary or compelling reasons exist. Such reasons shall be identified in written findings by the Council. Section 4. TMC Section 9.48.125 Amended. Ordinance No. 2521 §2, as codified at TMC Section 9.48.125, is hereby amended to read as follows: A. The impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information s-ef fvr'r+rch— iR the pro —Works Fee —E;Ghe ! le —depicted on Figure 9-1 herein, adepted el� tiers Gf the citZ; CPS;! .,r� re tPd �JeG McRtS. All development activity located re�J �r.,r -rr-o-rcrr— a-r. c�a-ocu-rr.. within the City shall be charged a transportation impact fee, provided that the following exemptions shall apply. B. The following shall be exempt from transportation impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. W: Legislative Development\Concurrency Stds and Impact Fees strike -through 11-4-19 164 CK:bjs Review and analysis by Barbara Saxton Page 2 of 4 43. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools and signs that do not impact the transportation system. 54. Demolition of or moving an existing structure within the City from one site to another. 65. Transportation impact fees for the construction of low-income housing may be reduced at the discretion of the Public Works Director when requested by the property owner in writing prior to permit submittal and subject to the following criteria: a. Submittal of a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; b. Fee reduction table. Unit Size Affordability Target Fee Reduction 2 or more bedrooms 80% 2 40% 2 or more bedrooms 60% 2 60% Any size 50% 2 80% 1 — Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. c. The developer must record a covenant per RCW 82.02.060 (3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than low-income housing within 10 years, the property owner must pay the City the applicable impact fees in effect at the time of conversion. 7-6. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a transportation impact fee. .97. A fee payer required to pay for system improvements pursuant to RCW 43.21 C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. Section 5. Repealer. Ordinance No. 2156 is hereby repealed in its entirety. Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W: Legislative Development\Concurrency Stds and Impact Fees strike -through 11-4-19 CK:bjs Review and analysis by Barbara Saxton Page 3 of 4 165 Section 7. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of the remaining portion of this ordinance or its application to any other person or situation. Section 8. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2019. ATTEST/AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk /_1WNI:10 a10-11ato] 7Q0-1IViI10YA Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Figure 9-1 - Traffic Impact Fee Schedule 2020 W: Legislative Development\Concurrency Stds and Impact Fees strike -through 11-4-19 166 CK:bjs Review and analysis by Barbara Saxton Page 4 of 4 Figure 9-1 Traffic Impact Fee Schedule 2020 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses 1 $4,438.731 $4,863.141 $5,345.421 $2,057.66 Residential Single Family dwelling $4,600.24 $15,329.49 $5,497.85 $767.86 Multi Family dwelling $2,106.51 $7,019.56 $2,517.54 $351.61 Retirement Community dwelling $859.64 $2,864.60 $1,027.38 $143.49 Nursing Home/Convalescent Center bed $1,022.27 $3,406.55 $1,221.75 $170.64 Assisted Living dwelling $1,208.14 $4,025.93 $1,443.88 $201.66 Residential Suites/Microunit apartmentq dwelling $1,394.01 $4,645.30 $1,666.02 $232.68 Commercial - Services Drive-in Bank sq ft/GFA $61.77 $205.83 $73.82 $10.31 Walk-in Bank sq ft/GFA $45.09 $150.26 $53.89 $7.53 Day Care Center sq ft/GFA $51.67 $172.19 $61.75 $8.62 Library sq ft/GFA $28A4 $94.76 $33.99 $4.75 Post Office sq ft/GFA $39.07 $130.18 $46.69 $6.52 Hotel/Motel room $2,788.02 $9,290.60 $3,332.03 $465.37 Service Station VFP $37,812.081 $126,002.19 $45,190.14 $6,311.50 Service Station/Minimart VFP $28,603,25 $95,315.34 $34,184.44 $4,774.39 Service Station/Minimart/Car Wash VFP $18,582.17 $61,921.84 $22,208.00 $3,101.69 Carwash (Self -Serve) Stall $16,732.78 $55,759.07 $19,997.75 $2,793.00 Movie Theater screen $355.47 $1,184.55 $424.83 $59.33 Health Club sq ft/GFA $16.97 $56.56 $20.28 $2.83 Racquet Club sq ft/GFA $13.31 $44.36 $15.91 $2.22 Public Park acre $511.14 $1,703.28 $610.87 $85.32 Golf Driving Range tees $5,808.38 $19,355.41 $6,941.74 $969.52 Batting Cages cage $10,315.68 $34,375,21 $12,328.52 $1,721.87 Multipurpose Recreational Facility sq ft/GFA $16.64 $55.43 $19.88 $2.78 Trampoline Park sq ft/GFA $6.97 $23.23 $8.33 $1.16 Bowling Alley sq ft/GFA $5.39 $17.96 $6.44 $0.90 Ice Skating Rink I sq ft/GFA $6.181 $20.59 $7.39 $1.03 Casino/Video Lottery Estab. With Food I sq ft/GFA 1 $62.681 $208.88 $74,92 $10.46 Commercial - Institutional Elementary School/Jr. High School student $789.94 $2,632.34 $944.08 $131,85 High School student $650.54 $2,167.81 $777,47 $108.59 University/College student $882.87 $2,942,02 $1,055.14 $147.37 Religious Institutions sq ft/GFA $2,28 $7,59 $2.72 $0.38 Hospital sq ft/GFA $3.61 $12.02 $4.31 $0.60 Commercial - Restaurant Quality Restaurant sq ft/GFA $20.30 $67.64 $24.26 $3.39 High Turnover Restaurant sq ft/GFA $25.88 $8623 $30.93 $4.32 Fast Food Restaurant w/o drive thru sq ft/GFA $65.84 $219.41 $78.69 $10.99 Fast Food Restaurant w/ drive thru sq ft/GFA $75.90 $252.94 $90.71 $12.67 Drinking Place sq ft/GFA $39.62 $132.04 $47.36 $6.61 Coffee/Donut Shot w/ drive thru sq ft/GFA $20.16 $67.17 $24.09 $3.36 Industrial Light Industry/High Technology sq ft/GFA $2.93 $9.76 $3.50 $0.49 Industrial Park sq ft/GFA 1 $1.86 $6191 $2.22 $0.31 Warehousing/Storage sq ft/GFA 1 $0.88 $2-941 $1.06 $0.15 Mini Warehouse sq ft/GFA 1 $0.79 $2.631 $0.94 $0.13 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) Page 1 of 2 167 Figure 9-1 Traffic Impact Fee Schedule 2020 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses 1 $4,438.731 $4,863.141 $5,345.421 $2,057.66 Commercial - Retail Shopping Center up to 9,999 sq ft sq ft/GLA $27.51 $91.67 $32.88 $4.59 10,000 sq ft-49,999 sq ft sq ft/GLA $17.26 $57.52 $20.63 $2.88 50,000 s ft-99,999 s ft s ft/GLA $14,98 $49.91 $17.90 $2.50 100,000 s ft-199,999 sq ft sq ft/GLA $13.63 $45.43 $16.29 $2.28 200,000 sq ft-299,999 sq ft sq ft/GLA $12.93 $43.08 $15.45 $2.16 300,000 sq ft-399,999 sq ft sq ft/GLA $12.75 $42.49 $15.24 $2.13 over 400,000 sq ft sq ft/GLA $13.211 $44.01 $15.79 $2.20 Miscellaneous Retail Sales sq ft/GFA $13.07 $43.55 $15.62 $2.18 Supermarket sq ft/GFA $27.48 $91.57 $32.84 $4.59 Convenience Market sq ft/GFA $111.82 $372.61 $133.64 $18.66 Nursery/Garden Center sq ft/GFA $22.57 $75.22 $26.98 $3.77 Furniture Store sq ft/GFA $1.14 $3.78 $1.36 $0.19 Car Sales - New/Used sq ft/GFA $11.49 $38.28 $13.73 $1,92 Auto Care Center sq ft/GLA $14.45 $48.16 $17.27 $2.41 Quick Lubrication Vehicle Shop Service Bay $15,775.56 $15,775.56 $15,775.56 $15,775.56 Auto Parts Sales sq ft/GFA $15.97 $53.22 $19.09 $2.67 Pharmacy with Drive Through) sq ft/GFA $24.39 $81.26 $29.14 $4.07 Pharmacy (no Drive Through) sq ft/GFA $18.59 $61.93 $22.21 $3.10 Free Standing Discount Store sq ft/GFA $18.63 $62.08 $22.26 $3.11 Hardware/Paint Store sq ft/GFA $8.15 $27.16 $9.74 $1.36 Discount Club sq ft/GFA $12.24 $40.78 $14.62 $2.04 Video Rental sq ft/GFA $28.44 $94.76 $33.99 $4.75 Home Improvement Superstore sq ft/GFA $6.28 $20.93 $7.50 $1.05 Tire Store Service Bay $11,442.04 $11,442.04 $11,442.04 $11,442.04 Electronics Superstore sq ft/GFA $13.861 $46.17 $16.56 $2.31 Commercial - Office Administrative Office up to 9,999 sq ft sq ft/GFA $5.52 $18.40 $6.60 $0.92 10,000 sq ft-49,999 sq ft sq ft/GFA $5.06 $16.86 $6.05 $0.84 50,000 sq ft-99,999 sq ft sq ft/GFA $4.85 $16.17 $5.80 $0.81 100,000 sq ft-199,999 sq ft sq ft/GFA $4.68 $15.61 $5.60 $0.78 200,000 sq ft-299,999 sq ft sq ft/GFA $4.56 $15.19 $5.45 $0.76 over 300,000 sq ft sq ft/GFA $4.52 $15.051 $5.401 $0.75 Medical Office/Clinic I sq ft/GFA 1 $11.431 $38.091 $13.661 $1.91 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) Page 2 of 2 Traffic Impact Fee Schedule Impact Fee Changes Summary 2007 2020 Total Remainder Collectable Collectable Collected as to be Projects on Impact Fee List via TIF via TIF of 7131/19 Collected Recommendation Zone 1: South/Southcenter Southcenter Urban Access/Klickitat $3,731,449 $2,584,905 $2,045,037 $539,869 Andover Park W $1,199,781 $738,346 $426,198 $312,148 Andover Park E/Minkler $363,102 $95,834 $31,932 $63,902 West Valley Highway/S 156th St (now WVH) $360,011 $0 $12,309 -$12,309 Remove project Minkler Boulevard: APW to Southcenter Pkwy $328,337 $327,250 $69,754 $257,496 Andover Park E/Industry Dr. $275,803 $80,754 $12,309 $68,444 Southcenter Parkway/S 168th Signal $200,129 $199,467 $54,006 $145,461 W Valley Highway/Strander NB LT Lanes $152,847 $152,341 $65,065 $87,276 Interuban Bridge $631,848 $629,756 $149,290 $480,466 Minkler Blvd (section completed in 1995) $949,198 $946,057 $201,653 $744,404 West Valley Highway $0 $0 Remove project Subtotal $8,192,505 $5,754,711 $3,067,554 $2,687,157 Zone 2: East/interurban Macadam Rd/53rd Ave/S 144th St $399,743 $0 $84,310 -$84,310 Remove project Southcenter Blvd/65th Avenue S Signal $900,000 $0 NEW project Southcenter Blvd/1-405 Off Ramp $45,000 $0 NEW project Subtotal $399,743 $945,000 $84,310 Zone 3: West/TIB S 144th Street $393,771 $463,807 $403,407 $60,400 S 133rd St/SR 599 SB Off -ramp $22,229 $640,000 $118,729 $521,271 Increase project cost Macadam Rd/51st Ave/S 144th St NBLT Lane $0 $0 Remove project S 124th St/42nd Ave S Signal $0 $0 Remove project S 160th/42nd Ave S Widening EB/WB LT $0 $0 Remove project E Marginal Way/S 130th St Signalization $0 $0 Remove project Subtotal $416,000 $1,103,807 $522,136 $581,671 Zone 4: North/MIC Tukwila International Boulevard Phase IV $214,327 $0 $403,407 $0 Remove project E Marginal Way (BAR - 112th St) $10,983 $0 $118,729 -$108,770 Remove project E Marginal Way/S 112th Street Signal $15,500 $0 NEW project BAR/EMW/TIB Intersection Modifications $21,700 $0 NEW project Tukwila Int'I Blvd/S 116th/SR 599 $0 $0 Remove project $225,310 $37,200 $522,136 -$108,770 Zone 5: Citywide Signal Interconnect 2005 $373,000 $373,000 $0 $209,904 Signal Interconnect 2020 $350,000 $0 $350,000 NEW project Subtotal $373,000 $723,000 $0 $559,904 O Traffic Impact Fee Schedule Impact Fee Changes Summary 2007 2020 Change 2007 to 2020 Fees by Zone Fee Zone Cost Fee Zone Cost Fee Zone Cost Zone 1 $1,736.80 $7,864,168 $4,438.73 $5,754,711 $2,702 -$2,109,457 Zone 2 $1,357.77 $399,743 $4,863.14 $945,000 $3,505 $545,257 Zone 3 $1,061.20 $416,000 $5,345.42 $1,103,807 $4,284 $687,807 Zone 4 $819.39 $225,310 $2,057.66 $37,200 $1,238 -$188,110 Updated trip generation calculations to current ITE Trip Generation Manual rates. Added new land use types to fee schedule. Removed adjustment for trip length as no longer supported by current best practices. Updated trip growth projections. Updated project costs to current 2019 CIP dollars. Added proposed new projects based on Concurrency Report recommendations. Deleted proposed projects. Found minor errors in tracking (does not impact impact fee calculations). Left percentage of eligible trips per zone the same as original 2007 data. This will need to be updated with next full model run. Calculated zone pass-thru volumes based on percentage above as opposed to model output as was used in 2007 data. 172 2018 Transportation Impact Fee Comparison: 72 Cities + 4 Counties in Western Washington Data compiled October 2017 from public web sites, telephone calls, and email inquiries by Chris Comeau, AICP-CTP, Transportation Planner, Bellingham Public Works ccome a upcob.orq or (360) 778-7946 2018 2018 2018 2018 City Population Base Rate CBD-Incentive City Population Base Rate CBD-Incentive Anacortesi 16,780 $900 Mill Creek 19,960 $3,000 Arlington 18,690 $3,355 Milton 7,900 $2,026 Auburn2 78,960 $4,295 $3,479 Monroe 18,350 $3,459 Bainbridge Island 23,950 $4,632 Mount Vernon 34,360 $7,291 Battleground 20,370 $2,919 Mount Lake Terrace 21,290 $3,432 Bellevue 140,700 $4,989 Mukilteo 21,240 $1,875 Bellingham3 86,720 $2,017 $1,573 Newcastle 11,280 $6,475 Blaine4 5,075 $755 North Bend18 6,605 $10,563 Bonney Lake 20,500 $3,995 Oak Harboris 22,840 $589 Bothell 44,370 $6,941 Olympia20 52,160 $3,498 $1,287 Buckley 4,670 $4,153 Orting 7,835 $2,149 Burien5 50,680 $948 Poulsbo 10,510 $2,835 Burlington 8,715 $2,665 Puyallup 40,500 $4,500 Camas6 23,080 $3,051 Redmond2l 62,100 $6,650 Carnation 2,030 $603 Renton 102,700 $2,800 Covington 19,850 $4,461 Ridgefield 7,235 $2,822 Des Moines 30,860 $5,151 Sammamish22 62,240 $14,707 Duvall 7,500 $8,183 SeaTac 28,850 $3,500 Edgewood 10,420 $4,413 Sedro Wooley23 10,950 $2,407 $1,341 Edmonds 41,260 $4,561 Sequim 7,280 $2,244 $2,020 Enumclaw 11,450 $3,239 Shelton 10,120 $2,606 Everett 109,800 $2,400 Shoreline 55,060 $7,224 Federal Way7 96,350 $3,875 Snohomish 10,010 $1,436 Ferndale8 13,470 $3,000 $2,550 Stanwood 6,785 $2,195 Fifes 10,100 $6,413 Sultan 5,030 $4,350 Gig Harbor 9,500 $2,102 Sumner 9,920 $1,165 Granite Falls 3,485 $2,500 Tukwila24 19,660 $1,244 Issaquahlo 36,030 $8,348 Tumwater 23,210 $3,416 Kenmoreli 22,580 $9,320 University Place 31,440 $3,199 Kent12 127,100 $4,471 $3,223 Vancouver25 162,400 $1,770 Kirkland 86,080 $3,705 Washougal 13,807 $2,192 La Center13 3,195 $4,500 Woodinville26 9,200 $2,761 Lacey 48,700 $1,924 Yelm 6,242 $1,321 Lake Stevens14 31,740 $2,476 Lynden15 13,620 $2,111 County Population Base Rate Lynnwood16 36,950 $7,944 $5,107 Kitsap County 240,862 $515 Maple Valley17 24,900 $3,986 Pierce County 796,836 $1,742 Marysville 65,900 $6,300 Snohomish County 694,571 $2,453 Mercer Island 24,210 $3,956 Thurston County27 256,591 $2,334 Note s : Al I da to a bove obta i ned from publ i c web si tes, tel ephone, a nor ema i I i nqui ri es. 1. Anacortes has a very old TIF system, w hich is being updated, and new TIF rates of $3,000 anticipated in 2018.. 2. Auburn adopted rates August 1, 2013. 3. In Urban Villages, Bellingham allow s automatic 22% to 25% TIF reduction and voluntary TDM performance measures up to 50% TIF reduction. 4. The City of Blaine f uture pm peak hour vehicle trip rate is currently being evaluated. 5. Burien limited improvement project costs to keep rates low. TIF w as adopted in 2009. 6. Camas uses a 2-zone TIF system; Average = $3,051. 7. Federal Way charges 3% non -ref undable admin. f ee + base rate + 3-yr WSDOT construction cost index. SF f ee = City 2014 rate schedule summary 8. Ferndale uses 3-zone TIF system. $3,000 cityw ide; $3,750 f or 443-acre "Main Street' Planned Action; $2,550 dow ntow n Ferndale. 9. Fif a uses a VMT-based TIF system adjusted f rom ITE ADT rates. 10. Issaquah created development incentive in w hich the f irst 10,000 SF of commercial TIF paid f rom other public f unding sources (per WA State law). 11. Kenmore uses a 'Person Trip" based TIF system. 12. Kent TIF rates are based on 30% of maximum rate f rom Rate Study (May 2010) and dow ntow n Kent rate memorandum. 13. La Center allow s TIF to be deferred to occupancy by requiring lien on property. 14. Lake Stevens uses a 3-zone TIF system; average - $2,476 15. Lynden TIF allows up to 50% reduction in industrial areas w here there is a significant chance that grants can be obtained. 16. Lynnw ood has tw o TIF zones and reduces TIF by 15% (per ITE) in portion of City Center. 17. Maple Valley f ee per 2013 rate schedule (R-13-909 Jan 28, 2013) 18. North Bend is similar to Sammamish in that most development is residential w ith little to no pass -by, diverted link trips. 19. Oak Harbor uses a very old TIF system. 20. Olympia TIF allow s up to 20% reduction in dow ntow n f or accepted TDM pert ormance measures. 21. Redmond uses 'Person Trips/Mobility Units" f or Concurrency and TIF 22. Sammamish has highest TIF ($14,707) in all of Washington due to primarily residential development w ith little to no pass -by, diverted link trips. 23. Sedro-Woolley uses a 15-zone TIF system; Average = $2,407; TIF reduction in dow ntow n Sedro-Woolley 24. Tukw ila = 4-zone TIF system: Average=$1,244 25. Vancouver uses 5-zone ADT-based TIF system; Average = $1,770. 26. Woodinville calculates ADT; Average = $2,761. 27. Thurston County uses a 6-zone TIF system; Average = $2,334 173 74 2018 Traffic Impact Fee Comparison Base Rate Oak Harbor � $589 Carnation � $603 Blaine $755 Anacortes $900 Burien $948 Sumner $1,165 EXISTING Tukwila Avg. $1,244 Yelm $1,321 -------------------------------------------------------- Snohomish - - - - - - -------------------------------------- $1,436 Vancouver 1 $1,770 Mukilteo $1,875 Lacey $1,924 Bellingham $2,017 Milton $2,026 PROPOSED Zone 4 $2,058 Gig Harbor $2,102 Lynden $2,111 Orting $2,149 Washougal $2,192 Stanwood ------------------------------------------------------------------------------------------------------------------------------------------- $2,195 Sequim $2,244 Everett $2,400 Sedro Wooley $2,407 Lake Stevens $2,476 Granite Falls $2,500 Shelton $2,606 Burlington $2,665 Woodinville $2,761 Renton $2,800 Ridgefield $2,822 Poulsbo $2,835 Battleground $2,919 Mill Creek $3,000 Ferndale $3,000 Camas $3,051 University Place $3,199 Enumclaw $3,239 Arlington $3,355 Tumwater ------------------------------------------------------------------------------------------------------------------------------------------ $3,416 Mount Lake Terrace $3,432 Monroe $3,459 Olympia $3,498 SeaTac $3,500 Kirkland $3,705 Average Rate $3,851 Mercer Island $3,956 Maple Valley $3,986 Bonney Lake $3,995 Buckley $4,153 Auburn $4,295 Sultan $4,350 Edgewood $4,413 PROPOSED Zone 1 $4,439 Covington $4,461 Kent $4,471 Puyallup $4,500 La Center $4,500 --------------------------------------------------- Edmonds --------------------------------------------------------------------------------------- $4,561 Bainbridge Island $4,632 PROPOSED Zone 2 1 $4,863 Bellevue 1 $4,989 Des Moines $5,151 PROPOSED Zone 3 $5,345 Marysville Fife Newcastle Redmond Bothell ---------------- Shoreline Mount Vernon Lynnwood Duvall Issaquah Kenmore North Bend Sammamish $6,300 $6,413 i $6,475 $6,650 $6,941 ---------------------- $7,224 $7,291 $7,944 ■ $8,183 M $8,348 $9,320 $10,563 $14,707 0 2000 4000 6000 8000 10000 12000 14000 16000 175 176 Attachment A Traffic Impact Fee Schedule 2007 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses 1 $1,736.801 $1,357.771 $1,061.201 $819.38 Residential Single Family dwelling $1,659.35 $1,297.22 $1,013.88 $782.84 Multi Family dwelling $712.09 $556.69 $435.09 $335.95 Retirement Community dwelling $722.89 $565.13 $441.69 $341.04 Nursing Home/Convalescent Center bed $289.15 $226.05 $176.68 $136.42 Assisted Living dwelling $289.15 $226.05 $176.68 $136.42 Commercial - Services Drive-in Bank sq ft/GFA $23.14 $18.09 $14.14 $10.92 Walk-in Bank sq ft/GFA $18.67 $14.60 $11.41 $8.81 Day Care Center sq ft/GFA $9.28 $7.25 $5.67 $4.38 Library sq ft/GFA $4.24 $3.32 $2.59 $2.00 Post Office sq ft/GFA $6.46 $5.05 $3.95 $3.05 Hotel/Motel room $1,107.80 $866.04 $676.87 $522.63 Service Station VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17 Service Station/Minimart VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17 Service Station/Minimart/Car Wash VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17 Carwash (Self -Serve) Stall $2,826.58 $2,209.72 $1,727.06 $1,333.51 Movie Theater screen $64.24 $50.22 $39.25 $30.31 Health Club sq ft/GFA $4.42 $3.46 $2.70 $2.09 Racquet Club sq ft/GFA $1.99 $1.56 $1.22 $0.94 Marina Berth $247.38 $193.39 $151.15 $116.71 Commercial - Institutional Elementary School/Jr. High School student $195.27 $152.66 $119.31 $92.13 High School student $131.43 $102.75 $80.31 $62.01 University/College student $267.56 $209.17 $163.48 $126.23 Church sq ft/GFA $1.15 $0.90 $0.70 $0.54 Hospital sq ft/GFA $2.22 $1.73 $1.35 $1.05 Commercial - Restaurant Restaurant sq ft/GFA $9.56 $7.48 $5.84 $4.51 Fast Food Restaurant w/o drive thru sq ft/GFA $12.27 $9.60 $7.50 $5.79 Fast Food Restaurant w drive/thru sq ft/GFA $16.26 $12.71 $9.94 $7.67 Industrial Light Industry/High Technology sq ft/GFA $2.06 $1.61 $1.26 $0.97 Industrial Park sq ft/GFA $2.06 $1.61 $1.26 $0.97 Warehousing/Storage sq ft/GFA $1.15 $0.90 $0.70 $0.54 Mini Warehouse sq ft/GFA $0.50 $0.39 $0.31 $0.24 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) 177 178 Attachment A Traffic Impact Fee Schedule 2007 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses 1 $1,736.801 $1,357.771 $1,061.201 $819.38 Commercial - Retail Shopping Center up to 9,999 sq ft sq ft/GLA $4.18 $3.27 $2.55 $1.97 10,000 sq ft-49,999 sq ft sq ft/GLA $3.51 $2.75 $2.15 $1.66 50,000 sq ft-99,999 sq ft sq ft/GLA $3.03 $2.37 $1.85 $1.43 100,000 sq ft-199,999 sq ft sq ft/GLA $2.61 $2.04 $1.59 $1.23 200,000 sq ft-299,999 sq ft sq ft/GLA $2.38 1.861 1.45 $1.12 300,000 sq ft-399,999 sq ft sq ft/GLA $2.821 $2.21 $1.72 $1.33 over 400,000 sq ft sq ft/GLA $3.17 $2.48 $1.94 $1.49 Miscellaneous Retail Sales sq ft/GFA $3.17 $2.48 $1.94 $1.49 Supermarket sq ft/GFA $7.73 $6.04 $4.72 $3.64 Convenience Market sq ft/GFA $14.39 $11.25 $8.79 $6.79 Nursery/Garden Center sq ft/GFA $2.62 $2.05 $1.60 $1.24 Furniture Store sq ft/GFA $0.22 $0.17 $0.13 $0.10 Car Sales - New/Used sq ft/GFA $4.56 $3.57 $2.79 $2.15 Auto Care Center sq ft/GLA $2.62 $2.05 $1.60 $1.24 Quick Lubrication Vehicle Shop Service Bay $2,899.10 $2,266.42 $1,771.37 $1,367.73 Auto Parts Sales sq ft/GFA $3.34 $2.61 $2.04 $1.58 Pharmacy (with Drive Through) sq ft/GFA 1 $3.44 $2.69 $2.10 $1.62 Pharmacy (no Drive Through) sq ft/GFA $3.36 $2.63 $2.05 $1.58 Free Standing Discount Store sq ft/GFA $3.13 $2.44 $1.91 $1.47 Hardware/Paint Store sq ft/GFA $2.66 $2.08 $1.62 $1.25 Discount Club sq ft/GFA $3.13 $2.44 $1.91 $1.47 Video Rental sq ft/GFA $4.88 $3.82 $2.98 $2.30 Home Improvement Superstore sq ft/GFA $1.33 $1.04 $0.81 $0.63 Tire Store Service Bay $1,938.32 $1,515.31 $1,184.33 $914.45 Electronics Superstore sq ft/GFA $3.11 $2.43 $1.901 $1.46 Commercial - Office Administrative Office up to 9,999 sq ft sq ft/GFA $8.10 $6.33 $4.95 $3.82 10,000 sq ft-49,999 sq ft sq ft/GFA $8.10 $6.33 $4.95 $3.82 50,000 sq ft-99,999 sq ft sq ft/GFA $4.70 $3.67 $2.87 $2.22 100,000 sq ft-199,999 sq ft sq ft/GFA $3.56 $2.78 $2.17 $1.68 200,000 sq ft-299,999 sq ft sq ft/GFA $3.10 $2.43 $1.901 $1.46 over 300,000 sq ft sq ft/GFA 1 $2.911 $2.271 $1.781 $1.37 Medical Office/Clinic sq ft/GFA 1 $6.291 $4.911 $3.841 $2.97 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) 179 Tukwila 181 182 Transportation & Infrastructure Committee Minutes............................................................................. November 19, 2019 D. Contract Amendment: 53rd Avenue South (South 137th to South 144th Streets) Project Staff is seeking Council approval of Amendment No. 7 to Contract No. 15-159 in the amount of $176,278 with KPG, Inc. This will allow continued construction engineering, inspection, and documentation compliance support for the full completion of the 5V Avenue South Project. Discussion ensued that additional construction management services will confirm the value of a correct close-out. APPROVAL. FORWARD TO DECEMBER 2, 2019 REGULAR CONSENT AGENDA. E. Resolution for Administrative Variance Staff is seeking Council approval of a resolution that would provide an administrative variance to Tukwila Municipal Code Chapter 16.52 to allow wet -flooding of improvements to the Starfire Athletic Center within Fort Dent Park. This proposed variance will allow the enclosure of storage areas below the stadium and covered flex areas for practice. The practice area will be covered with artificial turf and used for their Academy STEM -based gamification program. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. F. Ordinance: Concurrencv Standards and Transportation Impact Fees Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Chamber 9.48 to update the Transportation Impact Fee Schedule, use of traffic impact fees, and exemptions. The updates include project costs from the current CIP, final project costs from closed out projects, additions and deletions reflecting current needs, and other updates as outlined in the memo. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 25, 2019 COMMITTEE OF THE WHOLE. II. MISCELLANEOUS The Transportation Committee Meeting adjourned at 6:04 p.m. Committee ChairApproval Lk, Minutes by HK, reviewed by GL 183 im UPCOMING MEETINGS AND EVENTS NOVEMBER - DECEMBER 2019 NOV 25 MONDAY NOV 26 TUESDAY NOV 27 WEDNESDAY NOV 28 THURSDAY NOV 29 FRIDAY NOV 30 SATURDAY o Finance Committee 5:30 PM -. Community Development & NeighborhoodsHazelnut A#s-Commissiono CANCELLED CommitteeConference r Room 5:30 PM Hazelnut Conference Room - 'm Tukwila International City Council- - Boulevard Action Committee of the Whole Meeting City offices and City offices and Committee 7:00 PM Community Center Community Center Trash Pick -Up Day Council Chambers Closed Closed For more information, call Sharon Mann at 206-200-3616. DEC 2 MONDAY DEC 3 TUESDAY DEC 4 WEDNESDAY DEC 5 THURSDAY DEC 6 FRIDAY DEC 7 SATURDAY Public Safety . Transportation & TRANSPORTATION Equity & Social Committee Infrastructure DROP -IN Justice ,Tf, 5:30 PM Committee • • ,jE.pF • Commission Hazelnut Conference Room 5:30 PM Hazelnut Talk to representatives 5,15 PM Community Center COMM Enter your home or Conference Room from King County Metro's business! Entry form ORCA To -Go, King County due by 12:00 PM today. Public Health's Access and City Council : Library Advisory Outreach, South King Regular Meeting Board County Transportation 7,00 PM 5:30 PM Options and Hopelink to Council Chambers Community Center learn about riding the light rail, bus or bicycle, shuttles,tcm or to get an ORCA card FREE PARTY with 1:30 PM - 3:30 PM music, food and drinks! Tukwila Library Join the Artists in 14380 Tukwila Intl Blvd Residence in CELEBRATING the 11 year of Tukwila's artist residency program. THANKING the people who participated and supported our work, and SHARING your ideas for what comes next! 6PM-8 PM Community Center 12424 42nd Ave S �r Celebrate the season by participating in the 2019 Tukwila Holiday Lights Contest! Judging will take place the week of r December 9, between the hours of 4 PM - 9 PM. VUhnners will be selected in the following categories: Best Classical Display Best Offbeat Display Best Technical Display Best Business Display COnteSt For more information, visit www.tukwilawa.gov/2019-holiday-lights-contesti, Return entry form by 12:00 PM on Friday, December 6 in person, by mail or email to: Tukwila City Hall - City Clerk's Office Tukwila Community Center Laurel. Humphrey@TukwilaWA.gov 6200 Southcenter Blvd 12424 421 Ave S For general questions and inquiries, Tukwila WA 98188 Tukwila WA 98168 call Laurel at 206-433-8993. SPIRIT OF GIVING CAMPAIGN Help us reduce financial stress for caregivers and bring joy to 350 disavantaged school children. To become involved, email Giving@TukwilaWA.gov or call 206-767-2342. How can you help this campaign? HOST: Organizations, businesses, faith -based communities and service groups can host a Toy Drive, Book Drive, Blanket Drive, Hat Drive, Game Drive or Gift Card Drive. Tukwila Parks & Recreation staff will help you organize your effort by providing promotional materials, a collection bin and other resources. SPIRIT DONATE: Individuals and groups can donate directly to the campaign by dropping off new, unwrapped items at giving locations. Items needed are • of toys, art supplies, movie tickets, bowling certificates, games and gift cards. GIVING DROP-OFF LOCATIONS: Tukwila Community Center and Tukwila City Hall �! 6 I , Tukwila in Motion has launched) Live, work or go to school in Tukwila? Explore your travel options and get a FREE ORCA CARD for 2 o—o TUKWILA IN MOTION weeks of unlimited travel! Offer available until December 15. Sign up at www.kingcounty.gov/inmotion. Regional Animal Services of King County (RASKC) is offering 50 % off adoptions in the month of November. This offer applies at the locations listed below. For a sneak peek at the sweet, adaptable favorites, visit www.kingcounty.gov/deptsiregional-animal- services/adopt-a-pet/adoptable-animals.aspx. �]G o o RASKC EASTSIDE PET ADOPTION CENTER REBER RANCH a�oo,r nn�m,1 IQ King Caurrty 21615 64'" Ave S (Inside Petco) 12040 NE 851h St 28606 132nd Ave SE Kent Kirkland Kent Arts Commission: 4th Wed., 6:00 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. o Community Development and Neighborhoods Committee: 2nd & 4th Tues.. 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. (2A) A grant award related to House Bill 1923. (2B) A contract with Superion for a permit tracking system. (2C) Southcenter Plan implementation update. (2D) An ordinance Updating Critical Areas regulations. i 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: tat 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. (2A) A contract with Environmental Systems Research Institute Inc (ESRI) for GIS services. (2B) 2019 3^ Quarter Investment Report. o. 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 ofArchitectural 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. Transportation and Infrastructure Committee: 1 sl & 3rd Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey al 206-433-8993. Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 591" 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. 185 Tentative Agenda Schedule MONTH MEETING 1 - MEETING 2- MEETING 3 - MEETING 4- REGULAR C.O.W. REGULAR C.O.W. November 4 12 (TUESDAY) 18 25 See agenda packet cover sheet for this week's agenda: November 25, 2019 Committee of the Whole Meeting December 2 9 16 23 Consent Agenda Special Presentation - Authorize the Mayor to sign an Public Safety Bond Financial agreement with King County Oversight Committee Report. Metro for Transportation Demand Management for Special Issues 2020, in the amount of A resolution recognizing $75,000. Councilmember Robertson. - Authorize the Mayor to sign A resolution on the School Amendment #7 with KPG Inc levy. for the 53'd Avenue South An update on the Boeing Project, in the amount of Access Road over BNRR $176,278. Bridge Rehabilitation - Authorize the Mayor to sign a Project. contract with Superion LLC to migrate the TRAKiT Permitting System to CentralSquare Technology's hosted cloud environment, in the amount of C.O.W. Meeting to be $175,969.60. followed by Special Meeting. Unfinished Business A resolution adopting a Legislative Agenda for use during the 2020 Washington State Legislative Session. An ordinance renewing a 6- month moratorium within the Tukwila International Boulevard Study area in the City of Tukwila on the development of certain uses such as hotels, motels, extended stay facilities or auto -oriented uses. An ordinance amending Ordinance #2597, which adopted the City of Tukwila's Biennial Budget for the 2019- 2020 Biennium, and Ordinance #2602, which amended that budget, to adopt an amended mid - biennium budget. Authorize the Mayor to sign Amendment #2 to Contract #18-197 with SHKS Architects for the Public Safety Plan - Public Works Shops Facility Phase I in the amount of $570,768. A resolution authorizing use of a Master License Agreement template to be used to establish an agreement with franchisees of the City. A resolution allowing for the administrative variance to TMC Chapter 16.52 and allowing for the wet- floodproofing of improvements to the Starfire Athletic Center. An ordinance amending various ordinances as codified in various sections of TMC Chapters 9.48, "Concurrency Standards and Transportation Impact Fees," to updates fees and fee calculation language; repealing Ordinance #2156. A resolution adopting applicable Performance Policy, Standards and Objectives outlined in RCW 35.103 as the Tukwila Fire Department's Emergency Resource Deployment and Response Time objectives.