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Reg 2021-10-04 COMPLETE AGENDA PACKET
Tukwila City Council Agenda REGULAR MEETING .• oty4tLA wqs, J `'' 1905 Allan Ekberg, Mayor Counci/members: + Verna Seal + Kathy Hougardy David Cline, City Administrator ❖ De'Sean Quinn ❖ Thomas McLeod Kate Kruller, Council President ❖ Zak Idan ❖ Cynthia Delostrinos Johnson THE MEETING WILL 20-28 ADOPTED ANY PUBLIC AGENCY, RCW 42.30 UNLESS NOT BE CONDUCTED AT TUKWILA CITY HALL, BASED ON THE GOVERNOR'S PROCLAMATION 2020 WHICH SAYS IN PART: TO RCW 42.30, IS PROHIBITED FROM CONDUCTING ANY MEETING, SUBJECT TO MARCH 24, SUBJECT (A) THE MEETING IS NOT CONDUCTED IN-PERSON AND INSTEAD PROVIDES AN OPTIONS) FOR THE PUBLIC TO ATTEND THE PROCEEDINGS THROUGH, AT MINIMUM, TELEPHONIC ACCESS, ..." THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting For Technical Support during the meeting call: 1-206-433-7155. Monday, October 4, 2021; 7:00 PM • Ord #2659 • Res #2030 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Satish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS— including comment on items both on and not on the meeting agenda * 2021 update * Those wishing to provide public comments now have the opportunity to verbally address the City Council via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To take advantage of this option, please email citycouncil@tukwilawa.gov with your name and the topic you wish to speak on by 5:00 PM on the date of the meeting. Please clearly indicate that your message is for public comment during the meeting. You will receive further instructions and be called upon during the meeting to address the City Council. 4. APPOINTMENTS a. Municipal Court Judge: (1) Confirm the reappointment of Kimberly Walden to the position of Municipal Court Judge, with a term expiring 12/31/2025. (2) Oath of Office administered to Judge Walden by Mayor Ekberg. (3) An ordinance repealing Ordinance Nos. 2558 and 2420, as codified at Tukwila Municipal Code (TMC) Section 2.68.026; amending Ordinance No. 2261 §2, as codified at TMC Section 2.68.026, regarding the setting of salary for the Municipal Court Judge. b. Appointments to the "Future of Fire/Emergency Medical Services Community Advisory Committee." Pg.1 Pg.5 Pg.11 (continued...) REGULAR MEETING October 4, 2021 Page 2 5. PRESENTATIONS Police Department life-saving awards. Eric Dreyer, Police Chief • Officer Kenneth Etheridge • Officer Aaron Zwicky • Officer Jarrett Wells • Officer Chris Daugherty 6. CONSENT AGENDA a. Approval of Minutes: 9/20/21 (Regular Mtg.) b. Approval of Vouchers c. Approve an application for lodging tax funds from the City of Tukwila for Gut Check Wrestling Tournament in the amount of $15,000.00, and for XV Rugby in the amount of $15,000.00. [Reviewed and forwarded to Consent by the Planning and Community Development Committee on 9/20/211 d. A resolution authorizing the cancellation of outstanding General Fund claims and payroll checks and Municipal Court checks. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 9/27/21. J e. A resolution ordering the cancellation of past due accounts receivable. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 9/27/21. J f. Authorize the Mayor to sign a contract with Gray & Osborne, Inc., for the Future Sewer Lift Station #13 — Feasibility Study Project, in the amount of $41,700.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 9/27/211 g. Authorize the Mayor to sign an agreement with the Washington State Military Department for a Federal Emergency Management Agency (FEMA) Public Assistance Grant for Tukwila Urban Center Pedestrian Bridge repairs, in the amount of $150,000.00. City match $18,750.00). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 9/27/21. J h. Authorize the Mayor to sign a consultant agreement with J.A. Brennan Associates, LLC, for the Chinook Wind Public Access Project, in the amount of $63,373.10. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 9/27/211 i. Authorize the Mayor to sign a grant agreement with King County for Cooperative Watershed Management grant funds for the Gilliam Creek Fish Barrier Removal Project, in the amount of $200,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 9/27/21. J Pg.15 Pg.39 Pg.51 Pg.61 Pg.81 Pg.111 Pg.135 (continued..) REGULAR MEETING October 4, 2021 Page 3 7. UNFINISHED BUSINESS a. Weekly COVID-19 report. b. An ordinance repealing Ordinance No. 2652, as codified at Tukwila Municipal Code (TMC) Chapter 23.04, "Small Wireless Communication Facilities"; repealing Ordinance No. 2498, as codified in TMC Chapters 18.06 and 18.58; repealing Ordinance No. 2251 §71 and §72, as codified in TMC Chapter 18.58, "Wireless Communication Facilities"; repealing Ordinance No. 2135 §2 (part), as codified in multiple sections of TMC Chapter 18.06, "Definitions"; amending Ordinance No. 2251 §68, §69, and §70, as codified in TMC Chapter 18.58; amending Ordinance No. 2135 §1 (part), as codified in multiple sections of TMC Chapter 18.58; authorizing and establishing permitting regulations and aesthetic and design standards for the deployment of Small Wireless Facilities; adopting supportive findings. Pg.149 Pg.157 8. NEW BUSINESS Authorize the Mayor to sign a contract with Northwest Playground Equipment, Inc., for installation of a new gazebo at Tukwila Park in the amount of $80,000.00. Pg.195 9. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report and Monthly Construction and Budget Report Pg.231 10. MISCELLANEOUS 11. EXECUTIVE SESSION 12. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. 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. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. The proponent shall speak first and is allowed 15 minutes to make a presentation. 3. The opponent is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ COUNCIL AGENDA SYNOPSIS kv)* . 44 f Initials ITEM No. ZMeeting Date Prepared by Mayor's review Council review 10/4/21 CT a�(,,i(/ %/1 �f CT .A. 190a ITEM INFORMATION STAFF SPONSOR: MAYOR EKBERG ORIGINAL AGENDA DATE: 10/4/21 AGENDA ITEM TITLE Appointment of Municipal Court Judge; Amending Judge's salary CATEGORY 11 Mtg Discussion Date ❑ Motion Mtg Date ❑ Resolution Mtg Date 11 Mtg Ordinance Date 10/4/21 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIG SPONSOR'S The Council is being asked to appoint Kimberly Walden as Municipal Court Judge for the SUMMARY term January 1, 2022 through December 31, 2025 in compliance with RCW 3.50.040. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 09/27/2021 COMMITTEE /1 ❑ Finance & Governance ❑ Planning & Community Dev. Parks Comm. ❑ Planning Comm. CHAIR: IDAN RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/4/21 MTG. DATE ATTACHMENTS 10/4/21 Informational Memorandum dated 9/21/2021 Draft Ordinance amending salary of Municipal Court Judge Minutes from the Finance & Governance Committee meeting 09/27/2021 1 2 TO: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM FINANCE COMMITTEE FROM: Mayor Ekberg David Cline, City Administrator DATE: September 21, 2021 SUBJECT: Reappointment of Municipal Court Judge ISSUE The term of office for Judge Kimberly Walden will expire at the end of this year and it is my intent to appoint Judge Walden for an additional 4 -year term commencing January 1, 2022. The Tukwila Municipal Code (TMC) 2.68.026 and the Revised Code of Washington (RCW) stipulate that the judge's salary shall be fixed by ordinance. BACKGROUND Judge Walden was first appointed to the Tukwila Municipal Court in 2003 and has served Tukwila since then. DISCUSSION Judge Walden has served admirably as the Tukwila Municipal Court Judge. Under her leadership the Court has implemented several innovative programs including the Jail Alternatives Program, a proactive Community Resource Center and several cost-cutting and efficiency producing procedures. An ordinance fixing the judge's salary is attached for your review maintaining the Judge's position as a .90 FTE with the salary set at .90 of the salary set for District Court Judges in the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials adopted on an annual basis. Holidays and Healthcare/Dental benefits would also be prorated at 90%. RECOMMENDATION The Council is being asked to consider this item at the October 4, 2021 Regular meeting. ATTACHMENTS Draft Ordinance MOU 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2558 AND 2420, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 2.68.026; AMENDING ORDINANCE NO. 2261 §2, AS CODIFIED AT TMC SECTION 2.68.026, REGARDING THE SETTING OF SALARY FOR THE MUNICIPAL COURT JUDGE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City requires the services of a Municipal Court Judge who is appointed to a four-year term; and WHEREAS, the current Municipal Court Judge will be reappointed to a term commencing January 1, 2022, under the Contract for Municipal Court Judge Services (MOU), attached hereto as Exhibit A; and WHEREAS, pursuant to RCW 3.50.080 and Tukwila's Municipal Code, the salary of the Municipal Court Judge shall be fixed by ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2558 and 2420, as codified at Tukwila Municipal Code Section 2.68.026, are hereby repealed in their entirety. Section 2. Ordinance Amended. Ordinance No. 2261 §2, as codified at Tukwila Municipal Code Section 2.68.026, is hereby amended to read as follows: 2.68.026 Municipal Judge Salary The salary of the Municipal Court Judge shall be set at the rate of 90% of the District Court Judges Salary as set by the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials on an annual basis. CC: Legislative Development\Municipal Court Judge salary strike-thru 9-15-21 CT:bjs Page 1 of 2 5 Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force 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 , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment: Exhibit A — Contract for Municipal Court Judge Services (MOU) CC: Legislative Development\Municipal Court Judge salary strike-thru 9-15-21 CT:bjs 6 Page 2 of 2 City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator MEMORANDUM OF UNDERSTANDING TO: Honorable Kimberly Walden, Municipal Court Judge FROM: Allan Ekberg, Mayor DATE: September 21, 2021 RE: Term of Appointment as Tukwila Municipal Court Judge This Memorandum of Understanding will confirm your appointment as the Municipal Court Judge for the City of Tukwila for the period from January 1, 2022 through December 31, 2025 and is pursuant to judicial and legal mandates governing such appointments (RCW 3.50.040 and TMC 2.68). The following wages and benefits are provided to you effective January 1, 2022, during the term of your appointment: WAGE: Salary set at 90% of the District Court Judges Salary as set in the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials on an annual basis. The current schedule, adopted on February 3, 2021 is attached hereto as Exhibit A. All taxes, social security and related deductions shall be made from your wages. BENEFITS: General Leave: You are entitled to accrue a general leave bank to use for sick leave and/or vacation, as you deem appropriate. This general leave shall accrue at the rate of 12 hours per month to a maximum accrual of 96 hours. Any hours over 96 that are not used are defaulted back to the City. Upon the ending of your appointment, any leave hours, up to a maximum of 96 hours will be paid off at the rate of $70.00 per hour. Holidays: You shall be entitled to the same holidays as the Non -Represented Employee group, paid at a prorated rate of 90% commensurate with your hours on the bench. Healthcare/Dental: You have the option of participating in the City of Tukwila Medical/Dental self-insured plan, Kaiser Permanente or waiving this benefit. The City will pay 90% of the premium for you and your dependents. Payments by you will be a minimum of 10% and may be higher if the Kaiser plan is selected and premiums are higher than the City's self-insured plan. Your share of the premium will be made by payroll deduction. Please sign the attached Personnel Action Form (PAF) and the bottom of this memorandum to indicate agreement. Agreed to this day of October, 2021. Allan Ekberg, Mayor Kimberly Walden, Judge Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 7 MOU Exhibit A «CCSE0 Washingtnn Citizens' Can nissiun LID 5ul-uri%c fpr Ekcctaci, Officials 2021 and 2022 Salary Schedule Adopted February 3, 2021 Judicial Branch Position Current Salary Salary Effective Salary Effective 7/1/2021 7/1/2022 Supreme Court Chief 223,499 223,499 227,410 Justice Supreme Court Justices 220,320 220,320 224,176 Court of Appeals Judges 209,730 209,730 213,400 Superior Court Judges 199,675 199,675 203,169 District Court Judges 190,120 190,120 193,447 8 City of Tukwila City Council Finance & Governance Committee Meeting Minutes September27, 2021- 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Zak Idan, Chair; Kathy Hougardy, Cynthia Delostrinos Johnson Staff Present: Rachel Bianchi, Tony Cullerton, Vicky Carlsen, Laurel Humphrey Guest: Devon Schrum, SCORE Chair Idan called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Ordinance: Municipal Court Judge Salary Aot Staff is seeking Council approval of an ordinance that will maintain the Municipal Court Judge salary at 90% of the District Court Judges Salary as set by the Washington Citizen's Commission on Salaries for Elected Officials adopted on an annual basis. The Mayor will present the reappointment of Judge Walden at the October 4, 2021 Regular Meeting. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Meeting. B. SCORE Update Director Schrum discussed the COVID-related budgetary challenges of SCORE, which is seeking ARPA funding assistance from owner cities as it is not itself directly eligible. Committee Recommendation Discussion only. ‘1" C. Resolution: Cancelling Unclaimed Property Staff is seeking Council approval of the annual resolution declaring the cancellation of abandoned or unclaimed property that is owed to business owners or individuals. The 2021 unclaimed property report totals $5,713.77. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. D. Resolution: Cancelling Accounts Receivable Staff is seeking Council approval of the annual resolution that cancels uncollected accounts receivable. For 2021, the total is $5,492.03 including false alarms and miscellaneous billings. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. 9 10 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/27/21 LH 11 Motion Date 10/4/21 10/4/21 LH ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg ❑ Admin ❑ P&R ❑ Police ❑ PIF SPONSOR 11 Council 11 Mayor Svcs ❑ DCD 11 Finance 11 Fire SPONSOR'S This is intended to provide an update to the Council on the activities of the internal "Future SUMMARY of City Fire Services" internal team and proposed updated Charter for the "Future of Fire/EMS Services Community Advisory Committee." The City Council will be asked to make committee appointments at the October 4, 2021 Regular Meeting. ITEM INFORMATION ITEM No. 4.B. 11 STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL, AGENDA DATE: 9/27/21 AGENDA ITEM TITLE Future of Fire/EMS Services Community Advisory Committee Update CATEGORY 11 Discussion 9/27/21 11 Motion Date 10/4/21 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg ❑ Admin ❑ P&R ❑ Police ❑ PIF SPONSOR 11 Council 11 Mayor Svcs ❑ DCD 11 Finance 11 Fire SPONSOR'S This is intended to provide an update to the Council on the activities of the internal "Future SUMMARY of City Fire Services" internal team and proposed updated Charter for the "Future of Fire/EMS Services Community Advisory Committee." The City Council will be asked to make committee appointments at the October 4, 2021 Regular Meeting. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/27/21 Forward to next Regular Meeting 10/4/21 MTG. DATE ATTACHMENTS 9/27/21 Informational Memo dated 9/21/21 Draft Charter 10/4/21 List of proposed membership 11 12 Future of Fire/EMS Services Community Advisory Committee Proposed Membership Sally Blake, resident Katrina Dohn, resident Ramona Grove, resident Abdullahi Mallin, resident Peggy McCarthy, resident Jovita McConnell, resident Dennis Robertson, resident Abdullahi Shakul, resident Verna Seal, resident Jim Davis, business (Doubletree) Ben Oliver, business (Starfire) Andy Reiswig, business (BECU) Hien Kieu, nonprofit (Partners in Employment) 13 14 COUNCIL AGENDA SYNOPSIS kJ*i\4s, Initials ITEM No. � Meeting Date Prepared by Mayor's review Council review �C/r 10/4/21 BJM a I- 0 6.C. 1908 ITEM INFORMATION STAFF SPONSOR: B. MILES ORIGINAL AGENDA DATE: 10/4/21 AGENDA ITEM TITLE Review of lodging tax funding applications forwarded to the City Council from the Lodging Tax Advisory Committee. CATEGORY ❑ Discussion Mtg Date 11 Motion Mtg Date 10/4/21 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PlC SPONSOR'S At its September 10, 2021 meeting, the LTAC recommended approval of lodging tax SUMMARY requests from the City of Tukwila Office of Economic Development to sponsor the Gut Check Wrestling Tournament and the XV Rugby Series. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance A LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ DATE: LTAC, 9/10/21 PCD, 9/20/2 COMMITTEE CHAIR: KRULLER Planning & Community Dev. Planning Comm. AND HOUGARDY RECOMMENDATIONS: SPONsoR/ADMIN. Mayor's Office, Economic Development COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $30,000 $150,000 $0 Fund Source: 101 FUND, LODGING TAX (TOURISM) Comments: Per State Law, lodging tax can only be used for tourism promotion activities. MTG. DATE RECORD OF COUNCIL ACTION 10/4/21 MTG. DATE ATTACHMENTS 10/4/21 Informational Memorandum, dated September 14, 2021. City of Tukwila, Staff Report to Lodging Tax Committee, Gut Check Wresting Tourna City of Tukwila Gut Check Wresting Tournament Application City of Tukwila, Staff Report to Lodging Tax Committee, XV Series City of Tukwila XV Rugby Application Minutes from the September 20, 2021 PCD Meeting 15 16 W i City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: September 14, 2021 SUBJECT: Lodging Tax Funding Requests ISSUE Review of a lodging tax funding request from the City of Tukwila, Office of Economic Development for the Gut Check Wresting Tournament and the XV Rugby Series sponsorships. BACKGROUND The City collects a 1% lodging tax on certain qualifying overnight stays in paid accommodations (hotels/motels/Airbnb) in the City. State law limits the use of these funds to tourism promotion'. There is currently just over $1 million in lodging tax funds available for use. The City's Lodging Tax Advisory Committee (LTAC) reviews all requests for use of lodging tax funds. LTAC then forwards a list of recommended applications to the City Council for its review and consideration. If LTAC does not recommend an application be funded, that application is not forwarded to the City Council. The City Council may approve or deny any of the applications recommended by the LTAC. The City Council may also approve an application and increase or decrease the dollar amount awarded'. The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly. Pending Applications At its September 10, 2021 meeting, the LTAC recommended approval of lodging tax requests from the City of Tukwila Office of Economic Development to sponsor the Gut Check Wrestling Tournament and the XV Rugby Series. 1 RCW 67.28.080 (6) defines "tourism promotion" as "...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." 2 On August 17, 2016, the Washington State Attorney General's Office issued an informal opinion regarding whether a municipality could change the dollar amounts recommended by the local lodging tax advisory committee. Specifically, the informal opinion states: "When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts different from the local lodging tax advisory committee's recommended amounts, but only after satisfying the procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed change to the advisory committee for review and comment at least forty-five days before final action on the proposal." 17 INFORMATIONAL MEMO Page 2 1. City of Tukwila, Gut Check Wresting Tournament (Not to Exceed $15,000) The City of Tukwila, through its Experience Tukwila brand, is requesting $15,000 to sponsor the Gut Check Wrestling tournament ( https://www.gutcheckwrestling.com/) scheduled to take place December 30, 2021 through January 1, 2022 at the Showare Center in Kent. The Gut Check Wresting tournament is in its ninth year of operation and has consistently grown each year. It is estimated that 5,000 people will attend the event and 400 hotel room nights will be generated from the event. The City's funding request is broken down into two parts: 1. Providing a rebate of up to $9,000 ($15 per room night) for each room night generated in a Tukwila hotel from the event. The organizers will be required to use a Tukwila hotel or hotels as the official hotels for the event. 2. A flat sponsorship of $6,000 to market the City to event participants lead up to and during the tournament. LTAC Recommendation on Application: Do Fund Staff Recommendation on Application: Do Fund 2. City of Tukwila, XV Rugby Series (Not to Exceed $15,000) The City of Tukwila, through its Experience Tukwila brand, is requesting $15,000 to support the XVSeries. The funds will be allocated as a $10,000 sponsorship to XVSeries and $5,000 to Seattle Rugby through a room rebate credit of $10 per room night at Tukwila hotels. XVSERIES is a Seattle based organization whose goal is to develop and support the amateur American rugby athlete and provide a recognizable pathway of competition, enabling progression to a professional, elite league or national representation. XVSERIES fosters and promotes links with USA rugby organizations and regional clubs, who have the collective goal of developing USA eligible players. The core of the XVSERIES program is to facilitate an elite level series of games. Games in the XVSERIES will be played by select teams from rugby clubs, regional pathway programs and member organizations of the XVSERIES, working together with their local regional youth programs, colleges and regional clubs to identify and develop USA eligible players. Playing XVSERIES games to expose and engage those players and support staff at an elite level, for progression to professional rugby and the national team. XVSeries will be organizing games across the country, with Seattle Rugby hosting games at Starfire Sports. It is anticipated that 15 games will be hosted at Starfire over the next year. FINANCIAL IMPACT The total request for two lodging tax applications is not to exceed $30,000.00. six-year Tourism Financial Plan approved by the City Council in December of 2020 allocated a total of $150,000 in lodging tax funding for sponsorships in 2020. 18 INFORMATIONAL MEMO Page 3 2021 Tourism Six -Year Financial Plan Allocation Sponsorships: $150,000.00 Global to Local Request (Already Approved): ($5,000.00) City of Tukwila, Juneteenth Event (Already Approved) ($5,000.00) City of Tukwila, Seawolves Partnership (Already Approved) ($20,000) City of Tukwila, Rugby 7s (Pending with Council) ($10,000) City of Tukwila, Gut Check Wresting ($15,000) XV Rugby Series ($15,000) Remaining Sponsorship Funds: $80,000.00 RECOMMENDATION Staff recommends that the Committee approve the funding requests and forward both requests to the October 4, 2021 consent agenda. ATTACHMENTS 1. City of Tukwila, Staff Report to Lodging Tax Committee, Gut Check Wresting Tournament 2. City of Tukwila Gut Check Wresting Tournament Application 3. City of Tukwila, Staff Report to Lodging Tax Committee, XV Series 4. City of Tukwila XV Rugby Application 19 20 flii'tkyvik Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: City of Tukwila, Office of Economic Development, Gut Check Wrestling Tournament Address: 6200 Southcenter Blvd. Tukwila, WA 98188 Total Funds Requested: $15,000 About the Applicant: The City of Tukwila is a non -charter City organized under the laws of the State of Washington. Founded in 1908, Tukwila is one of the oldest cities in King County. Since its founding, Tukwila has always been a community at the "crossroads." Tukwila lies at one of the busiest freeway interchanges in Washington State. The City has a small bedtime population of just under 20,000. During the day the City's population swells to over 150,000 people, with people coming to the City to work, shop, dine, stay in hotels, and to visit once in a life time experiences, such as the Museum of Flight or iFly. The City is one of the most diverse cities in the country. Over 70 languages are spoken in the Tukwila School District. Many well-known businesses are based in Tukwila, such as BECU, Westfield Southcenter, Seattle Seawolves, Seattle Sounders FC, Top Pot Donuts, Pop Gourmet, and the Sabey Corporation. The City has over 2,000 hotel rooms and over 100 restaurants Funds Previously Awarded: None for this initiative. Funding Request Narrative: The City of Tukwila, through its Experience Tukwila brand, is requesting $15,000 to sponsor the Gut Check Wrestling tournament ( https://www.gutcheckwrestling.com/) scheduled to take place December 30, 2021 through January 1, 2022 at the Showare Center in Kent. The Gut Check Wresting tournament is in its ninth year of operation and has consistently grown each year. It is estimated that 5,000 people will attend the event and 400 hotel room nights will be generated from the event. The City's funding request is broken down into two parts: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 21 flii'tkyvik 1. Providing a rebate of up to $9,000 ($15 per room night) for each room night generated in a Tukwila hotel from the event. The organizers will be required to use a Tukwila hotel or hotels as the official hotels for the event. 2. A flat sponsorship of $6,000 to market the City to event participants lead up to and during the tournament. Staff Comments: This would be the first event or tournament that the City has supported outside of the City. The location of the Showare, just outside of the Southcenter District provides a possible opportunity for the City to capture room nights generated by events at Showare. This tournament is a good opportunity to see if groups at Showare will book Tukwila hotel rooms. Staff does not value events at Showare as high as events at Starfire Sports since the main economic impact of these types of events is usually in the commercial area immediate adjacent to the venues (i.e. people going out to eat between matches, family members shopping while games are occurring, etc). Thus, staff has structured the funding request to encourage room nights and to only pay for those room nights generated by the event. The opportunity to sponsor this tournament as passed on by the City of Kent since the City still has a spending freeze that applies to all funds, including its lodging tax program. Consistency with Six Year Financial Model: For 2021, the Six Year Financial Plan shows the City spending $150,000 for sponsorship, such as this. There will be sufficient funds remaining in the budget for other 2021 sponsorships. 2021 Sponsorship Funds Provided in Six Year Financial Plan: $150,000 Spice Bridge Request (approved) ($5,000) Juneteenth Request (approved) ($5,000) Seawolves (approved) ($20,000) City of Tukwila, Rugby 7 (approved) ($10,000) City of Tukwila, XV Series (pending) ($15,000) City of Tukwila, Gut Check (pending) ($15,000) Remaining Funds: $80,000 Note, the total amount of this sponsorship will not exceed $15,000. The room rebate portion of the request ($5,000) is a rebate for actual room nights generated. City of Tukwila Staff Recommendation to LTAC: Approval Notes: None. 22 City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Application to the City of Tukwila for Use of 2021 Lodging Tax Funds Event or Activity Name (if applicable): City of Tukwila, Gut Check Wresting Tournament Amount of Lodging Tax Requested: $15,000 Applicant Organization: City of Tukwila Federal Tax ID Number: 91-6001519 Mailing Address: 6200 Southcenter Blvd; Tukwila, WA 98188 Primary Contact Name: Brandon Miles Primary Contact Phone: (206) 731-9071 (cell) Primary Contact Email Address: Brandon.Miles@Tukwilawa.gov Check all the service categories that apply to this application: Tourism promotion or marketing. Operation of a special event or festival designed to attract tourists. Operation of a tourism -related facility owned or operated by a non-profit organization. Operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary of State Office) Municipality For Profit Corporation I am an authorized agent of the organization/agency applying for funding. I understand that: • I am proposing a tourism -related service for 2021. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. • My agency will be required to submit a report documenting economic impact results in a format determined by the City. Signature: Date: 23 1. Describe your tourism -related activity or event. The Gut Check Wresting Tournament is an annual high school wrestling tournament held at the Showare Event Center in Kent. The tournament is estimated to bring in approximately 5,000 total fans and wrestlers for its 2021 tournament December 30, 2021 through January 1, 2022. Due to budget constraints, the City of Kent sent the City of Tukwila this event for a possible sponsorship. While the event will be in the City of Kent, Tukwila staff were hopeful that the City could capture room nights given the close proximity of the Southcenter District to the City. The sponsorship will be broken down into two parts: a. $9,000 would be a room night rebate payable for actual room nights booked in the City. b. $6,000 would be for sponsorship and promoting Experience Tukwila to attendees. 2. If an event, list the event name, date(s), and projected overall attendance. The Gut Check, December 30, 2021—January 1, 2022. 5000 attendance total. 3. Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? Mostly overnight with some local daily visitors. It is anticipated that 5,000 people will attend the event, with 3,000 people traveling outside 50 miles to attend the event. 4. Describe why visitors will travel to Tukwila to attend your event/activity/facility. To capture the room nights the City will require that the event organizers provide documentation after the event showing room nights booked in the City. This would allow the organizers to receive a rebate of $15 per room night. The Southcenter District is also located adjacent north of the City of Kent and it is possible that the City would see day visitors coming to the City. However, our goal with this sponsorship is to capture the hotel room nights generated from the event. 5. Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). @ 6. Describe the prior success of your event/activity/facility in attracting tourists. No including 2020, this is the 9th time this event has occurred. The event has grown 20% year over year in attendance. 7. If this your first time holding the event/activity/facility provide background on why you think it will be successful. N/A Page 2 of 5 24 8. Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e -blasts, social media, etc.) your agency uses or intends to use to promote your event/activity/facility. The organizers use numerous social media outlets, website, press releases, and national streaming. The City's main goal with this sponsorship is to capture the room nights generated from the event. The City's secondary goal is to promote the City to visitors of the event and overall branding for the City. 9. Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. Through email, website, social media, indoor/outdoor Jumbotron, banners. 10. Is the City able to use your digital and print media for collaborative marketing? Yes, the City will have access to the digital platforms of the event organizers. 11. Describe how you will use the name, "Tukwila" in publications, promotions, and for your event? While the event will be held in the City of Kent, the City of Tukwila will be listed as a major sponsor. 12. Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility. 5000 b. Number of people who will travel fewer than 50 miles for your event/activity. 500-600 c. Number of people who will travel more than 50 miles for your event/activity. 3000 d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. 2500 e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. 1200+ Page 3 of 5 25 f. Of the people staying overnight, the number of people who will stay in 1500+ PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 400+ 13. What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? Past event results, calculations and estimates with growth. 14. Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? Not at this time. 15. Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? Not at this time. 16. What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? The total event budget is $60,000. The total request from the City is $15,000, broken down as $9,000 in a rebate and $6,000 as a sponsorship. 17. What will you cut from your proposal or do differently if full funding for your request is not available or recommended? Necessary cuts are always being made to ensure we stay within our budget. With additional private donations. Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Or, Brandon.Miles@Tukwilawa.gov Page 4 of 5 26 Questions? LTAC Contact: Brandon J. Miles (206) 431-3684 Brandon.Miles@Tukwilawa.gov. Updated: January 5, 2021 Page 5 of 5 27 28 flii'tkyvik Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: City of Tukwila, Office of Economic Development Address: 6200 Southcenter Blvd. Tukwila, WA 98188 Total Funds Requested: $15,000 About the Applicant: The City of Tukwila is a non -charter City organized under the laws of the State of Washington. Founded in 1908, Tukwila is one of the oldest cities in King County. Since its founding, Tukwila has always been a community at the "crossroads." Tukwila lies at one of the busiest freeway interchanges in Washington State. The City has a small bedtime population of just under 20,000. During the day the City's population swells to over 150,000 people, with people coming to the City to work, shop, dine, stay in hotels, and to visit once in a life time experiences, such as the Museum of Flight or iFly. The City is one of the most diverse cities in the country. Over 70 languages are spoken in the Tukwila School District. Many well-known businesses are based in Tukwila, such as BECU, Westfield Southcenter, Seattle Seawolves, Seattle Sounders FC, Top Pot Donuts, Pop Gourmet, and the Sabey Corporation. The City has over 2,000 hotel rooms and over 100 restaurants Funds Previously Awarded: None for this initiative. Funding Request Narrative: The City of Tukwila, through its Experience Tukwila brand, is requesting $15,000 to support the XVSeries. The funds will be allocated as a $10,000 sponsorship to XVSeries and $5,000 to Seattle Rugby through a room rebate credit of $10 per room night at Tukwila hotels. XVSERIES is a Seattle based organization whose goal is to develop and support the amateur American rugby athlete and provide a recognizable pathway of competition, enabling progression to a professional, elite league or national representation. XVSERIES fosters and promotes links with USA rugby organizations and regional clubs, who have the collective goal of developing USA eligible players. The core of the XVSERIES program is to facilitate an elite level series of games. Games in the XVSERIES will be played by select teams City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 29 flii'tkyvik from rugby clubs, regional pathway programs and member organizations of the XVSERIES, working together with their local regional youth programs, colleges and regional clubs to identify and develop USA eligible players. Playing XVSERIES games to expose and engage those players and support staff at an elite level, for progression to professional rugby and the national team. XVSeries will be organizing games across the country, with Seattle Rugby hosting games at Starfire Sports. It is anticipated that 15 games will be hosted at Starfire over the next year. Staff Comments: Starfire Sports and the City of Tukwila are becoming the epicenter of rugby in the Pacific NW. The Seattle Seawolves call Tukwila home and last month the City hosted the USA Rugby National 7s Championships. The City has seen a significant increase in social media follower related to rugby and its support for the game. The XVSeries allows the City to continue to build its rugby brand and bring more games to Starfire and the City. The room rebate program ensures that the room nights created by the XVSeries games remain in Tukwila versus going to an adjacent community. Consistency with Six Year Financial Model: For 2021, the Six Year Financial Plan shows the City spending $150,000 for sponsorship, such as this. There will be sufficient funds remaining in the budget for other 2021 sponsorships. 2021 Sponsorship Funds Provided in Six Year Financial Plan: $150,000 Spice Bridge Request (approved) ($5,000) Juneteenth Request (approved) ($5,000) Seawolves (approved) ($20,000) City of Tukwila, Rugby 7 (approved) ($10,000) City of Tukwila, XV Series (pending) ($15,000) City of Tukwila, Gut Check (pending) ($15,000) Remaining Funds: $80,000 Note, the total amount of this sponsorship will not exceed $15,000. The room rebate portion of the request ($5,000) is a rebate for actual room nights generated. City of Tukwila Staff Recommendation to LTAC: Approval Notes: None. 30 City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Application to the City of Tukwila for Use of 2021 Lodging Tax Funds Event or Activity Name (if applicable): Rugby XV Sponsorship and Support Amount of Lodging Tax Requested: $15,000 Applicant Organization: City of Tukwila Federal Tax ID Number: 91-6001519 Mailing Address: 6200 Southcenter Blvd Tukwila, WA 98188 Primary Contact Name: Brandon Miles Primary Contact Phone: 206-731-9071 (cell) Primary Contact Email Address: Brandon.Miles@Tukwilawa.gov Check all the service categories that apply to this application: Tourism promotion or marketing. Operation of a special event or festival designed to attract tourists. Operation of a tourism -related facility owned or operated by a non-profit organization. Operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary of State Office) Municipality For Profit Corporation I am an authorized agent of the organization/agency applying for funding. I understand that: • I am proposing a tourism -related service for 2021. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. • My agency will be required to submit a report documenting economic impact results in a format determined by the City. Signature: Date: 1) Describe your tourism -related activity or event. 31 The City of Tukwila is requesting $15,000 to support the XV rugby series through a promotion and room rebate credit. The funds would be allocated $10,000 to the XVSERIES and $5,000 total eligible rebate to Seattle Rugby. XVSERIES is a Seattle based organization whose goal is to develop and support the amateur American rugby athlete and provide a recognizable pathway of competition, enabling progression to a professional, elite league or national representation. XVSERIES fosters and promotes links with USA rugby organizations and regional clubs, who have the collective goal of developing USA eligible players. The core of the XVSERIES program is to facilitate an elite level series of games. Games in the XVSERIES will be played by select teams from rugby clubs, regional pathway programs and member organizations of the XVSERIES, working together with their local regional youth programs, colleges and regional clubs to identify and develop USA eligible players. Playing XVSERIES games to expose and engage those players and support staff at an elite level, for progression to professional rugby and the national team. Seattle Rugby is a Seattle based men's and women's rugby club and one of the members of the XVSeries. Seattle Rugby will be hosting away amateur rugby teams from across the United States at Starfire Sports. Seattle Rugby will be securing the hotel rooms for the visiting away teams. 1) If an event, list the event name, date(s), and projected overall attendance. It is anticipated that 15 XV matches will be hosted at Starfire Sports. Estimated attendance is about 500 people per match, so a total of 7,500. 2) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? Both. The XV Series will bring in high level amateur adult rugby teams to Starfire Sports. The teams will come from across the United States to play. It's anticipated that fans will come to view the matches. 3) Describe why visitors will travel to Tukwila to attend your event/activity/facility. The XVSeries games are scheduled to take place at Starfire Sports. Through our agreement with the Seattle Rugby the City will require that only Tukwila hotels can be used for get the room rebate. 4) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). For travelling teams, the geographical target area for teams is the entire United States. Fans attending the games will likely come from the Greater Seattle area. Page 2 of 6 32 5) Describe the prior success of your event/activity/facility in attracting tourists. Tukwila and Starfire Sports have started to become the epicenter of rugby in the Pacific NW. Starfire has been the home of the Seattle Seawolves since the team's inception. The City has had success sponsoring international rugby events and a large rugby 7s national championships. 6) If this your first time holding the event/activity/facility provide background on why you think it will be successful. The organizers of the XVSeries and Seattle Rugby have significant experience hosting rugby matches. Many of the same individuals with XV and Seattle Rugby were part of the volunteer group that hosted the recent Rugby 7s tournament at Starfire Sports. 7) Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e -blasts, social media, etc.) your agency uses or intends to use to promote your event/activity/facility. There are two specific components of this funding request. A sponsorship agreement with the XVSeries and a rebate program with Seattle Rugby. XVSeries is working to grow amateur rugby in the United States. Seattle Rugby will serve as the host team for Seattle games. XVSeries is targeted at existing amateur clubs and already has games scheduled at Starfire Sports. The games at Starfire will be promoted via existing rugby networks in the Greater Seattle area by XVSeries and Seattle Rugby. 8) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. The following are the digital benefits the City will receive from the XVSeries as part of the sponsorshi p: • Recognition as XVSERIES Key Sponsor • Logo on XVSERIES website and digital media • Logo exposure at XVSERIES Starfire Stadium Games • Banners at pitch level at Starfire Stadium Games • In stadium, (Starfire) PA announcements at half-time • Exposure/connection to XVSERIES Program Members • Logo on XVSERIES Pull up Banner and other Promotional Materials/Flyers/Merchandise for Starfire Games • Regular "brought to you by" shout -outs on social media, (FB, TW & IG) As part of the recent rugby 7s championships hosted in Tukwila last month the ExperienceTukwila.com website saw significant interest from rugby fans, with the Rugby 7s event page on the site getting a significant number of page visits. Additionally, social media posts last month regarding the rugby 7s were the most popular posts of the month. The backbone of promoting other businesses through this event will be ExperienceTukwila.com and social media. Page 3 of 6 33 9) Is the City able to use your digital and print media for collaborative marketing? Yes, the City would get shoutouts on XVSeries and Seattle Rugby social media accounts and websites. 10) Describe how you will use the name, "Tukwila" in publications, promotions, and for your event? This will be a condition of any agreement with the XVSeries and Seattle Rugby. 11) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility. 10,000 b. Number of people who will travel fewer than 50 miles for your event/activity. 9,000 c. Number of people who will travel more than 50 miles for your event/activity. 1,000 d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. 1,000 e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. 780 f. Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. 780 Page 4 of 6 34 g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 500 12) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? For the agreement with XVSeries, the City will track digital outcomes on XVSeries digital medias and outcomes from the City's Experience digital marketing platforms. For the agreement with Seattle Rugby, the City will require specific tracking of hotel room nights in order to qualify for the room rebate. The total rebate is $10 per room night at Tukwila hotel ($5,000 max). 13) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? No. 14) Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? No. 15) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? This is a sponsorship agreement and would not impact the games taking place. The sponsorship allows the City to capture the room nights and expand the City's brand with the rugby community. 16) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? The City would not have a sponsorship agreement and would lose the ability to capture the room nights in Tukwila. Page 5 of 6 35 Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Or, Brandon.Miles@Tukwilawa.gov Questions? LTAC Contact: Brandon J. Miles (206) 431-3684 Brandon.Miles@Tukwilawa.gov. Updated: January 5, 2021 Page 6 of 6 36 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes September20, 2021 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Staff Present: I. BUSINESS AGENDA Kathy Hougardy, Chair; Verna Seal, Thomas McLeod Brandon Miles, Rachel Bianchi, Derek Speck, Kia Shagena, Nora Gierloff A. Lodging Tax Applications Gut Check Wrestling Tournament *Staff is seeking Council approval of $15,000 to sponsor the Gut Check Wrestling Tournament, including a rebate of up to $9,000 for each room night generated in Tukwila and a flat rate of $6,000 to market the city to participants. XV Rugby Staff is seeking Council approval of $15,000 to support the XV Rugby Series including a $10,000 sponsorship and $5,000 for a room rebate credit. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. B. Code Enforcement Process & Prioritization Staff provided an overview of the Code Enforcement process and prioritization methodology. Committee Recommendation Discussion only. C. King County Recreational Vehicle Safe Lot Site Proposal Staff explained King County's interest in siting a recreational vehicle safe lot at the former Randy's Restaurant site using ARPA funds, and for a limited duration of two years. Staff also noted that King County is not pursuing a property in Tukwila for the Health through Housing initiative. Item(s) for follow-up: • Provide regular reporting on progress of proposal and associated Good Neighbor Agreements. • Present information to full Council when timing is appropriate. Committee Recommendation Discussion only. 37 38 COUNCIL AGENDA SYNOPSIS Initials Nleetial Date Prepared Ig Mayors review Council review 10/04/21 CW ITEM INFORMATION ITEM No. 6.D. 39 STAFF SPONSOR: VICKY CARLSEN ORIGINAL. AGENDA DATE: 10/4/2021 AGENDA ITEM TITLE Resolution authorizing the cancellation of abandoned or unclaimed property for 2021 reporting. CATEGORY ❑ Discussion Mtg Date ❑ Motion Meg Date 11 Resolution ❑ Ordinance Mtg Date ❑ Bid Award MtDate ❑ Public Hearing Meg Date ❑ Other Meg Date Mtg Date 10/4/21 SPONSOR Council Mayor HR ❑DCD .1 Finance Fire TS P&R Police P1F Court SPONSOR'S The resolution authorized the cancellation of abandoned funds (unclaimed property). SUMMARY Unclaimed property will be reported to the Department of Revenue (DOR) Unclaimed Property Section. The Council is being asked to approve the resolution for cancellation of unclaimed property. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 9/27/2021 11 Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: IDAN ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Finance Unanimous Approval; Forward to Consent on 10/4/21 COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/4/21 Informational Memorandum dated 9/27/2021 Resolution in final form with attachment Attachment A - 2021 Unclaimed Property Summary Detail Report Minutes from the Finance Committee meeting 9/27/2021 39 40 City of Tukwila INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Vicky Carlsen, Finance Director BY: Cindy Wilkins — Fiscal Specialist CC: Mayor Ekberg DATE: September 27, 2021 Allan Ekberg, Mayor SUBJECT: 2021 Reporting of Abandoned Property to the Washington State Department of Revenue Unclaimed Property Section ISSUE Annual write-off of outstanding and unredeemed accounts payable and payroll claims. BACKGROUND Each year by November 1st, the City of Tukwila reports abandoned or unclaimed property that is owed either to individuals or business vendors to the Washington State Department of Revenue Unclaimed Property Section and removes these items from the accounting records. All local governments are required to report unclaimed property except unclaimed restitution. Normal restitution is then reported each year by the County Treasurer to the State Treasurer. Current Finance Department policy dictates that all abandoned or unclaimed property be reported annually to the Washington State Department of Revenue Unclaimed Property Section through the Council approved resolution process. DISCUSSION For the 2021 unclaimed property report year, reporting of abandoned or unclaimed property totals $5,713.77 comprised of General Fund Accounts, payable Claims checks, Payroll checks and Court checks. To the extent possible, those individuals and businesses with unclaimed accounts payable claims and payroll checks have been notified by the City through "good faith" effort of being mailed due diligence letters. These individuals and businesses have either not responded to the due diligence notifications and/or cannot be located in order to claim their property. One of the largest contributors to Unclaimed Property are juror reimbursement checks. To help reduce unclaimed property, a member from Finance is reimbursing jurors from a petty cash fund in the courtroom prior to the start of the trial. Checks are no longer being issued for reimbursement. RECOMMENDATION The Council is being asked to approve the Resolution declaring the cancellation of unclaimed General Fund accounts payable claims and consider these items on the Consent Agenda at the October 4, 2021 Regular Council Meeting. ATTACHMENTS Proposed Draft Resolution 2020 Unclaimed Property Summary Detail Report. 41 42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE CANCELLATION OF OUTSTANDING GENERAL FUND CLAIMS AND PAYROLL CHECKS AND MUNICIPAL COURT CHECKS. WHEREAS, the State of Washington, Department of Revenue Unclaimed Property Section, for the reporting on year 2020, requires a one-year dormancy period for outstanding claims and payroll checks issued from the General Government Fund and a two-year dormancy period for Municipal Court checks; and WHEREAS, the City of Tukwila Finance Department has made all reasonable attempts to resolve the outstanding, unredeemed General Fund claims and payroll checks and Municipal Court checks; and WHEREAS, the City Council of the City of Tukwila wishes to cancel all outstanding, unclaimed General Fund claims and payroll checks and Municipal Court checks issued prior to July 1, 2020, and Municipal Court checks issued prior to July 1, 2019; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council authorizes the cancellation of General Fund and payroll checks and Municipal Court checks as detailed on Attachment A, the 2021 Unclaimed Property Summary Report. W:\Word Processing\Resolutions\Cancellation of outstanding claims and checks 9-20-21 CW:bjs Review and analysis by Barbara Saxton Page 1 of 2 43 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment A: 2021 Unclaimed Property Summary Report (07/20/2019 — 06/30/2020) W:\Word Processing\Resolutions\Cancellation of outstanding claims and checks 9-20-21 CW:bjs Review and analysis by Barbara Saxton Page 2 of 2 44 Attachment A - 2021 Unclaimed Property Summary Report Reporting Period: 07/20/2019 - 6/30/2020 Accounts Payable Check # Date Vendor Description DEPT GL CODE Invoice Inv. Date Amount Paid 382873 01/06/2020 006921 COMPLETE OFFICE OFFICE SUPPLIES FIN 000.05.514.230.35.00 1916769-0 12/26/2019 610.19 380767 04/22/2019 008122 WA ST ASSN OF PERMIT REG FEE DCD 000.08.558.600.49.00 4221935 04/15/2019 240.00 382815 12/23/2019 020072 LUN PIEPER INTERPRETER FEE CRT 000.09.512.500.41.03 12231906 11/13/2019 37.50 383479 03/16/2020 020328 JENNIFER P OLSON WITNESS FEE CRT 000.09.512.500.41.03 3062008 02/26/2020 18.63 381749 08/19/2019 019856 SAINI SAHIL WITNESS FEE CRT 000.09.512.500.49.00 8191967 07/24/2019 12.55 382044 09/23/2019 019952 SYLVIA SALMERON WITNESS FEE CRT 000.09.512.500.49.04 9231928 08/28/2019 11.16 382231 10/21/2019 020029 DEBORAH GIVENS WITNESS FEE CRT 000.09.512.500.49.04 6051741 09/25/2019 22.53 382441 11/18/2019 020079 ADRIANA V CRUZ WITNESS FEE CRT 000.09.512.500.49.04 11181902 10/30/2019 13.13 382871 01/06/2020 020201 CHRISTOPHER KEVIN CL WITNESS FEE CRT 000.09.512.500.49.04 12311940 12/18/2019 11.74 382096 10/07/2019 019459 BRETT HARTMAN REFUND -SECURITY DEPOSIT TCC 000.213.100 FA -1861 09/19/2019 600.00 381573 08/05/2019 019837 KELLY FRANCIS REFUND CAMP TUKWILLY TCC 000.213.100 PYMT31411 07/23/2019 175.00 381700 08/19/2019 019772 ANGIE HERNANDEZ-BAQ REFUND - TCC CLASS TCC 000.213.100 PYMT33911 06/24/2019 100.00 381843 09/03/2019 019934 MCDONALDS REFUND -SECURITY DEPOSIT TCC 000.213.100 17975 08/16/2019 100.00 381881 09/03/2019 019941 CANDACE TINIFU REFUND -SECURITY DEPOSIT TCC 000.213.100 FA -3271 08/27/2019 10.00 381892 09/03/2019 019947 DEVINA WEAFER REFUND -SECURITY DEPOSIT TCC 000.213.100 FA -3182 08/26/2019 100.00 382672 12/16/2019 020135 PAIGE JONES REFUND -SECURITY DEPOSIT TCC 000.213.100 FA -3210 12/10/2019 200.00 383182 02/03/2020 020224 JULIANA REYES REFUND -SECURITY DEPOSIT TCC 000.213.100 FA -3974 01/10/2020 500.00 383185 02/03/2020 020223 RV WANG CHRISTIAN CH REFUND -SECURITY DEPOSIT TCC 000.213.100 FA -0808 01/10/2020 200.00 383284 02/18/2020 020276 RUDY OLSON REFUND -CASINO TRIP TCC 000.213.100 INV35676 02/06/2020 40.00 383569 04/06/2020 020392 MARIAM ALI REFUND - CLASS TCC 000.213.100 PYMT51036 03/13/2020 48.88 383735 05/04/2020 020400 LATEIKA DALE REFUND - CLASS TCC 000.213.100 PYMT-52106 04/10/2020 37.50 383744 05/04/2020 020412 RAYMOND GUZMAN REFUND - CLASS TCC 000.213.100 PYMT-51985 04/10/2020 37.50 384059 06/22/2020 020492 TALON SWANSON REFUND - RENTAL FEE TCC 000.213.100 FA -3775 06/12/2020 160.00 C31 attachment A - 2021 Unclaimed Property Summary Report Reporting Period: 07/20/2019 - 6/30/2020 382742 381469 381494 381527 381537 381946 381958 381977 12/17/2019 07/22/2019 07/22/2019 07/22/2019 07/22/2019 09/16/2019 09/16/2019 09/16/2019 016070 ALLIED RESIDENTIAL 019778 TSEHAY HAILE 019777 JOSE & MANDEE MONTE 019793 UNITED SOURCE LLC 019799 STEVE & LINN WEDE 019964 STEPHEN KOURI 019972 DUNG NGUYEN 019986 THONGCHAIRAWEEWAT REFUND -SECURITY DEPOSIT REFUND SURFACE WATER REFUND SURFACE WATER REFUND SURFACE WATER REFUND SURFACE WATER REFUND SURFACE WATER REFUND SURFACE WATER REFUND SURFACE WATER TCC PWM PWM PWM PWM PWM PWM PWM 000.237.104 400.257.100 400.257.100 400.257.100 400.257.100 400.257.100 400.257.100 400.257.100 5833 Ref000909547 Ref000909546 Ref000909562 Ref000909568 Ref000921833 Ref000921841 Ref000921855 11/29/2017 07/12/2019 07/12/2019 07/12/2019 07/12/2019 09/05/2019 09/06/2019 09/06/2019 200.00 602.46 619.30 173.27 100.00 99.82 88.17 87.19 382140 10/07/2019 020027 TERRY PLUMB STORM 0/P PWM 412.361.400.00.00 00-4000-0680 09/27/2019 6.49 AP Total: $ 5,263.01 Attachment A - 2021 Unclaimed Property Summary Report Reporting Period: 07/20/2019 - 6/30/2020 Payroll Check # Date Paid to Pay Period Dates Amount 535942 09/20/2019 KALNASY, REBECCA 09/01/19 - 09/15/19 14.02 535945 09/20/2019 MOELLER, CHRISTINA 09/01/19 - 09/15/19 50.81 535953 09/20/2019 BORDEN, JOHN 09/01/19 - 09/15/19 Payroll Total: 69.90 536161 12/20/2019 STEPHENSON, ARTHUR 12/01/19 - 12/15/19 2.37 536185 01/03/2020 KAUFFMAN, SCOTT 12/16/19 - 12/31/19 59.56 54.00 $ 250.66 536299 03/05/2020 BASKIN, TOMAZ 02/16/20 - 02/29/20 Court Type Date Payee Name Amount Bail Refund Misc Trust Misc Trust 04/04/2019 11/30/2018 01/30/2019 Pena, Luis David 150.00 0.10 50.00 Court Total: $ 200.10 Payor Unknown Clukey, Ethan Unclaimed Property Total: 5,713.77 48 City of Tukwila City Council Finance & Governance Committee Meeting Minutes September27, 2021- 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Zak Idan, Chair; Kathy Hougardy, Cynthia Delostrinos Johnson Staff Present: Rachel Bianchi, Tony Cullerton, Vicky Carlsen, Laurel Humphrey Guest: Devon Schrum, SCORE Chair Idan called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Ordinance: Municipal Court Judge Salary Aot Staff is seeking Council approval of an ordinance that will maintain the Municipal Court Judge salary at 90% of the District Court Judges Salary as set by the Washington Citizen's Commission on Salaries for Elected Officials adopted on an annual basis. The Mayor will present the reappointment of Judge Walden at the October 4, 2021 Regular Meeting. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Meeting. B. SCORE Update Director Schrum discussed the COVID-related budgetary challenges of SCORE, which is seeking ARPA funding assistance from owner cities as it is not itself directly eligible. Committee Recommendation Discussion only. ‘1" C. Resolution: Cancelling Unclaimed Property Staff is seeking Council approval of the annual resolution declaring the cancellation of *abandoned or unclaimed property that is owed to business owners or individuals. The 2021 unclaimed property report totals $5,713.77. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. D. Resolution: Cancelling Accounts Receivable Staff is seeking Council approval of the annual resolution that cancels uncollected accounts receivable. For 2021, the total is $5,492.03 including false alarms and miscellaneous billings. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. 49 50 COUNCIL AGENDA SYNOPSIS Initials Nleetirzg Date Prepared Ig Mayors review Council review 10/04/21 CW ITEM INFORMATION ITEM No. 6.E. 0I STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 10/04/21 AGENDA ITEM TITLE Resolution Ordering the Cancellation of Past Due Accounts Receivable CATEGORY ❑ Discussion Mtg Date ❑ Motion Meg Date 11 Resolution ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Meg Date ❑ Other Meg Date Mtg Date 10/4/21 SPONSOR Council Mayor HR ❑DCD a Finance Fire TS P&R Police ❑PIF Court SPONSOR'S There are certain accounts receivable that have been deemed uncollectible and need to be SUMMARY removed from the Accounts Receivable ledger. The Council is being asked to consider and approve the resolution ordering their cancellation. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 9/27/2021 11 Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: IDAN ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Finance Department Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/4/21 Informational Memorandum dated 9/27/2021 Resolution in final form Attachments Attachment A - 2021 Write -Offs 2019 and Prior Minutes from the 9/27 Finance & Governance Committee Meeting 0I 52 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Vicky Carlsen, Finance Director BY: Cindy Wilkins — Fiscal Specialist CC: Mayor Ekberg DATE: September 9/27/2021 SUBJECT: Cancellation of Accounts Receivable Updated after the Finance Committee Meeting on Monday, September 27, 2021 ISSUE Each year a resolution comes before the Council for the cancellation of uncollectable accounts receivable. For 2021, these items include: False Alarms equaling $3,950.00, Miscellaneous Billings equals $1,542.03 for a grand total of $5,492.03. BACKGROUND The process for tracking accounts receivable is quite thorough. The steps below are followed prior to preparation of the attached write-off resolution. • Invoice is sent to the recipient by the Finance Department payable in 30 days. • If payment is not received within 30 days, the receivable is forwarded to our collection agency, Armada Corp., and placed into pre -collect status. • At this time, Armada sends a Delinquency Notice to debtor notifying them of the past -due status of the receivable and asks them to contact the City to make payment. Payments can still be made directly to the City while in pre -collect status. • Once 30 days has passed in pre -collect status, the receivable then rolls over to active collections. At the onset of active collections, a letter is sent to the debtor notifying them of status change and advising that all payments must now be made through the collection agency. • When in active collections status, debtor is contacted both by phone and letter. A search is made for assets with which the debt could be satisfied. Once the debt has been in active collections for 45 days, it is then reported to the national credit bureaus. • The last process in the collections cycle is the pursuit of legal action. This includes attaching checking accounts, garnishments and lawsuits. • The City will not issue or renew a business license until all outstanding debt owed to the City is paid. • It should be noted that while a debt may be written off our books: it is still active in Armada's collection process. DISCUSSION The proposed amount of the 2021 Cancellation of Accounts Receivable is $5,492.03. This is an annual housekeeping item. FINANCIAL IMPACT The financial impact of cancelling $5,492.03 will be to reduce our accounts receivable balance by this amount. Please note that while we are writing off the accounts receivable for accounting 53 INFORMATIONAL MEMO Page 2 purposes., the accounts are still being actively worked for collection purposes with the exception of those accounts where a responsible party cannot be identified. Accounts covered by bankruptcy law cannot be pursued. RECOMMENDATION The Council is being asked to approve the annual resolution authorizing the cancellation of Accounts Receivable and to forward this item to the Regular Meeting Consent Agenda of 10/4/2021. ATTACHMENTS Attachment A — 2021 AR Write -Offs 2019 and Prior 54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST DUE ACCOUNTS RECEIVABLE. WHEREAS, certain receivables and checks have been deemed uncollectable after efforts by both the City and a collection agency have been unsuccessful; and WHEREAS, the City will continue to pursue these receivables when practical; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Miscellaneous Accounts Receivable. The total of $5,492.03 (per Attachment A) is deemed uncollectable. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment A: 2021 AR Write -Offs 2019 and Prior CC: Legislative Development\Past Due Accts Receivables 9-17-21 CW:bjs Review and analysis by Barbara Saxton Page 1 of 1 55 56 Attachment A - 2021 AR Write -Offs 2019 and Prior Acct Customer Name Date I Invoice # I Billing Description I GL Account Amount TUKSVC 000180 000180 000193 000193 000193 000211 000248 000369 000371 000377 000378 LOWES SIMTH3 SOMALI WWGRAI TUKWILA SERVICE CENTER ELECTRONIC SERVICE PROVIDER IN ELECTRONIC SERVICE PROVIDER IN SEATTLE CHAR LLC SEATTLE CHAR LLC SEATTLE CHAR LLC PETSMART INC #377 LOUIE SANFT SINGH, TARAN DG FOODS AVURE TECHNOLOGIES LAVENDER LAUNDROMAT LLC TRANG T H DAO LOWE'S HOME CENTER LLC #10 SIMPLY THAI SOMGRO INC WW GRAINGER 11/14/18 08/26/19 09/12/19 04/24/19 06/13/19 12/31/19 09/13/19 12/31/19 12/26/19 12/31/19 12/31/19 12/31/19 08/26/19 09/13/19 10/03/19 12/31/19 PD -00192 PF -03930 PF -03951 PF -03890 PF -03905 PF -04018 PF -03961 PF -04000 PF -03997 PF -04001 PF -04026 PF -04028 PF -03937 PF -03965 PF -03991 PF -04017 POLICE FALSE ALARM #5 POLICE FALSE ALARM #3 POLICE FALSE ALARM #4 POLICE FALSE ALARM #3 POLICE FALSE ALARM #4 POLICE FALSE ALARM #5-8 POLICE FALSE ALARM #8-11 POLICE FALSE ALARM #3-6 POLICE FALSE ALARM #5 POLICE FALSE ALARM #3 POLICE FALSE ALARM #3 POLICE FALSE ALARM #3 POLICE FALSE ALARM #4 POLICE FALSE ALARM #3 POLICE FALSE ALARM #3 POLICE FALSE ALARM #3 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 000.342.800.00.00 200.00 150.00 200.00 150.00 200.00 800.00 800.00 150.00 200.00 150.00 150.00 150.00 200.00 150.00 150.00 150.00 $ 3,950.00 000262 AV HOOD CLEANING LLC 04/09/19 FI -00171 18H205 3/1/19 INSPECTION 401.343.403.00.00 436.44 000359 CURTIS B REEP 10/31/19 PM -00123 WO 21940131 TPD19-4929 401.343.403.00.00 754.93 000311 THALIA NUREKES-LARA 05/22/19 PW -00116 DAMAGED HYDRANT 4300 S 133RD 401.343.403.00.00 350.66 $ 1,542.03 Total Write-offs: $ 5,492.03 58 City of Tukwila City Council Finance & Governance Committee Meeting Minutes September27, 2021- 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Zak Idan, Chair; Kathy Hougardy, Cynthia Delostrinos Johnson Staff Present: Rachel Bianchi, Tony Cullerton, Vicky Carlsen, Laurel Humphrey Guest: Devon Schrum, SCORE Chair Idan called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Ordinance: Municipal Court Judge Salary Aot Staff is seeking Council approval of an ordinance that will maintain the Municipal Court Judge salary at 90% of the District Court Judges Salary as set by the Washington Citizen's Commission on Salaries for Elected Officials adopted on an annual basis. The Mayor will present the reappointment of Judge Walden at the October 4, 2021 Regular Meeting. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Meeting. B. SCORE Update Director Schrum discussed the COVID-related budgetary challenges of SCORE, which is seeking ARPA funding assistance from owner cities as it is not itself directly eligible. Committee Recommendation Discussion only. ‘1" C. Resolution: Cancelling Unclaimed Property Staff is seeking Council approval of the annual resolution declaring the cancellation of abandoned or unclaimed property that is owed to business owners or individuals. The 2021 unclaimed property report totals $5,713.77. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. D. Resolution: Cancelling Accounts Receivable Staff is seeking Council approval of the annual resolution that cancels uncollected accounts receivable. For 2021, the total is $5,492.03 including false alarms and miscellaneous billings. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. 59 60 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/04/21 JR ITEM INFORMATION ITEM No. 6.F. 61 STAFF SPONSOR: ADIB ALTALLAL ORIGINAL AGENDA DATE: 10/04/21 AGENDA ITEM TITLE Future Consultant Sewer Lift Station No. 13 — Feasibility Study Selection and Agreement CATEGORY ❑ Discussion Altg Date Motion Date 10/04/21 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Altg SPONSOR ❑Council Mayor HR ❑DCD Finance Fire TV P&R Police PW' ❑Court SPONSOR'S A vital sewer main on Tukwila Hill, that became inaccessible to City staff due to the I-405 SUMMARY Interstate expansion, is a top priority and must be replaced to avoid costly repairs in the future. Proposals from five consultants were reviewed and Gray & Osborne, Inc. was selected to pursue the feasibility study. Council is being asked to approve a feasibility study agreement for professional services with Gray & Osborne, Inc in the amount of $41,700.00 for the Future Sewer Lift Station #13 — Feasibility Study Project. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: VERNA SEAL ❑ LTAC DATE: 09/27/21 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $41,700.00 $75,000.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/04/21 MTG. DATE ATTACHMENTS 10/04/21 Informational Memorandum dated 09/24/21 Project Location Map 2021 CIP, pages 68, 71 & 72 Contract Agreement Minutes from Transportation and Infrastructure Committee meeting of 09/27/21 61 62 City of Tukwila Allan Ekberg, Mayor Public Works Department .. Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Adib Altallal, Utilities Engineer CC: Mayor Allan Ekberg DATE: September 24, 2021 SUBJECT: Future Sewer Lift Station No. 13 — Feasibility Study Project No. 99740205 Consultant Selection and Agreement ISSUE Approve a contract agreement with Gray & Osborne, Inc. (G&O) to provide feasibility study services for the Future Sewer Lift Station No. 13. BACKGROUND Most of the Tukwila Hill neighborhood discharges its sewage via the 12" sewer line under Interstate 405 (1-405) south of Tukwila City Hall. The City's sewer line was constructed before the interstate existed and since construction and subsequent expansions of the highway took place, the vital main has become inaccessible to the maintenance and engineering staff. The existing pipe is also long past its useful life and is need of replacement. This is of concern because if the pipe were to fail, it would affect most of the Tukwila Hill neighborhood and require costly emergency repair in many locations. DISCUSSION The Future Sewer Lift Station No. 13 Project is currently scheduled to start in 2024. However, since the pipe is inaccessible to staff and is a single point of failure for most of Tukwila Hill, we have decided to start the feasibility study sooner than planned. The feasibility study will help us determine which design options, such as replacing the pipe or building a new lift sewer station, will be the most efficient and cost effective. Since building a lift station is a costly endeavor, other alternatives will be exhaustively studied first. Proposals from five consultants were reviewed and Gray & Osborne, Inc. were selected to pursue the feasibility study. FINANCIAL IMPACT Gray & Osborne, Inc has provided a cost estimate of $41,700.00 for the feasibility study services for the Future Sewer Lift Station No. 13. The project will be funded by the 2021 Annual Sewer Repair Program design budget. The project costs are within budget and are 100% funded by the sewer enterprise fund. Gray & Osborne, Inc. Contract 2021 Budget $41,700.00 $75,000.00 RECOMMENDATION Council is being asked to approve a feasibility study agreement for professional services with Gray & Osborne, Inc in the amount of $41,700.00 for the Future Sewer Lift Station #13 — Feasibility Study Project and consider this item on the Consent Agenda at the October 4, 2021 Regular Meeting. Attachments: 2021 CIP, Page 68 Scope of Work and Cost Estimate Contract Agreement 63 64 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Annual Sewer Repair Program Project No. 9xx40201 Reduce sewer line infiltration and inflow (I & I) through groundwater intrusion or storm events as a DESCRIPTION: result of damaged deteriorating systems or illicit connections. Includes small repairs and capital maintenance. JUSTIFICATION: Decreases treatment, discharge, and pumping costs. STATUS: Annual program is determined after pipeline TV inspection reports are completed. MAINT. IMPACT: Less maintenance costs through rehabilitation of aging system. COMMENT: Ongoing project, only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 0 15 75 75 70 70 70 70 500 945 Land (R/W) 0 Const. Mgmt. 10 112 120 105 105 115 115 200 882 Construction 0 75 750 800 700 700 700 700 1,000 5,425 TOTAL EXPENSES 0 100 937 995 875 875 885 885 1,700 7,252 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 0 100 937 995 875 875 885 885 1,700 7,252 TOTAL SOURCES 0 100 937 995 875 875 885 885 1,700 7,252 Project Location: Entire System 2021 - 2026 Capital Improvement Program 68 65 66 EXHIBIT A SCOPE OF WORK CITY OF TUKWILA I-405 SEWER MAIN DEMOLITION AND REROUTE PROJECT UNDERSTANDING The City of Tukwila wants to contract with Gray & Osborne to examine rerouting and decommissioning the existing sewer main that crosses I-405 at Andover Park West. Gray & Osborne is to develop preliminary concepts and the associated costs to reroute sewer flow from the Southcenter Boulevard location. The preliminary concepts and the associated cost are to be summarized in a feasibility report along with discussion of the advantages and disadvantages of each concept. More specifically, the work will include the following. DESIGN Task 1 — Project Management and Oversight Objective: Provide overall project management and oversight of the project work by the Principal -in -Charge and senior staff members. A. Provide overall project management and oversight services, to include: • Procure sufficient staff resources to dedicate to the project. • Manage and control project budget and schedule. • Manage and provide monthly progress reports and invoices. Task 2 — Kickoff Meeting Objective: Conduct a kickoff meeting with City of Tukwila staff to confirm scope, identify critical path schedule and task items, format and schedule for deliverables, major project assignments, stakeholder contacts, and any special regulatory and funding agency requirements. A. Conduct an initial meeting to initiate the engineering design process for the project, discussing the following items at a minimum. The discussion will include, but not be limited to, the following topics: G&O #PR216.11 • Review City of Tukwila -provided record drawings of existing system. Page 1 of 4 67 • Review and confirm project understanding and design criteria to be employed. • Review and confirm task assignments and budget hours for assigned tasks. • Review and confirm project schedule and milestones/deliverables. • Identify project stakeholders and discuss their needs and impacts on the project. • Document the discussion of the meeting and distribute to all attendees. Task 3 — Evaluation of Alternatives Objective: Identify alternatives for abandonment of the existing I-405 sewer crossing, compare feasible alternatives and select a preferred alternative. A. Possible alternatives currently under consideration include the following: • Construct a lift station along Southcenter Boulevard to divert flows north into the City's system. • Construct a lift station along Southcenter Boulevard and slip line the existing gravity main, to facilitate a force main across I-405. In addition, the main would be extended through the existing manhole located in I-405 and connected to the City's sewer system on Tukwila Parkway. • Examine trenchless technologies to install either a gravity or force main under I-405 and connected to the City's sewer system on Tukwila Parkway. B. Selection of the preferred alternative will include review of the following elements: • Capital Cost • Life -Cycle Cost • Constructability • Risk • Permitting • Environmental Issues • Public impacts C. We will provide a comparative matrix to select the preferred alternative based on ranking system of the evaluation elements. G&O #PR216.11 68 Page 2 of 4 Task 4 — Surveying Objective: If required obtain critical vertical and horizontal control and pertinent topographical information to include identifying existing and obvious utilities, and pertinent topographical features to facilitate development of proposed alternatives. A. Establish vertical and horizontal control on the City of Tukwila adopted datum for survey and mapping at a scale of not more than 1 inch = 20 feet (horizontal) and 1 inch = 5 feet (vertical). B. Acquire supplemental topographical survey of the site (within and adjacent to the project corridor) to identify key elevations to ensure the preferred alternative is feasible. Task 5 — Prepare Technical Memorandum Objective: Prepare a technical memorandum summarizing the project understanding, design criteria, regulatory requirements, and general design guidelines and standards which govern the project design. A. Prepare a technical memorandum (letter report) summarizing the project understanding, project site, access issues, utility needs, pertinent design criteria, regulatory requirements, and general design guidelines and standards which govern the project design. The Technical Memorandum will include discussion of conceptual alternatives to reroute sewer across I-405 from Southcenter Boulevard to the intersection of Tukwila Parkway and Andover Park West, summarizing the alternatives evaluation and providing the preferred alternative. B. Submit the technical memorandum to City of Tukwila staff and solicit comments and/or clarifications. Incorporate all relevant review comments into memorandum. Issue final memorandum to City of Tukwila. Task 6 — Quality Assurance/Quality Control A. Oversee two, in-house, quality assurance/quality control (QA/QC) meetings at G&O's office during the course of the design project. The meetings will include the design team members, and selected senior project staff, B. Ensure incorporation of relevant recommendations and suggestions into bid/construction documents resulting from QA/QC reviews. G&O #PR216.11 Page 3 of 4 69 SCHEDULE We anticipate the following schedule for deliverables: • Draft Technical Memorandum: January 2022. • Final Technical Memorandum: February 2022. G&O #PR216.11 70 Page 4 of 4 EXHIBIT B ENGINEERING SERVICES SCOPE AND ESTIMATED COST City of Tukwila - 1-405 Sewer Main Decommission and Reroute Tasks Principal Hours Project Manager Hours Civil Eng. Hours AutoCAD/ GIS Tech./ Eng. Intern Professional Land Surveyor Hours Field Survey Hours 1 Project Management and Oversight 16 2 Kickoff Meeting 3 3 3 Evaluation of Alternatives 12 24 40 16 4 Surveying 4 8 5 Prepare Technical Memorandum 8 24 40 12 6 Quality Assurance/Quality Control 16 4 8 Hour Estimate: 36 71 91 28 4 8 Estimated Fully Burdened Billing Rate:* $210 $200 $140 $135 $160 $320 Fully Burdened Labor Cost: $7,560 $14,200 $12,740 $3,780 $640 $2,560 Total Fully Burdened Labor Cost: Direct Non -Salary Cost: Mileage & Expenses (Mileage @ current IRS rate) Printing TOTAL ESTIMATED COST: $ 41,480 $ 120 $ 100 $ 41,700 * Actual labor cost will be based on each employee's actual rate. Estimated rates are for determining total estimated cost only. Fully burdened billing rates include direct salary cost, overhead, and profit. G&O #PR216.11 Page 1 of 1 72 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Gray & Osborne, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform design feasibility services in connection with the project titled Future Sewer Lift Station #13 — Feasibility Study. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2022, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2022 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $41,700 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 73 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 74 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 75 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Gray & Osborne, Inc. 1130 Rainier Ave S #300 Seattle, WA 98144 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 76 Page 4 DATED this day of , 20 CITY OF TUKWILA GRAY & OSBORNE, INC. By: Allan Ekberg, Mayor Printed Name: Michael B. Johnson, P.E. Title: President Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 77 78 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September27, 2021 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency CouncilmembersPresent:Verna Seal, Chair, De'Sean Quinn, Thomas McLeod Staff Present: David Cline, Hari Ponnekanti, Brittany Robinson, Mike Perfetti, Seong Kim, Mike Ronda, Adib Altillal Chair Seal called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Flood Damage & Repairs Staff is seeking Council approval of a FEMA Public Assistance Grant in the amount of $112,500 to help pay for Tukwila Urban Center Pedestrian Bridge repairs and damage caused by flooding. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. B. Consultant Agreement: Future Sewer Lift Station 13 Feasibility Study Staff is seeking Council approval of a contract with Gray & Osborne, Inc. in the amount of *$41,700 for a feasibility study for the Future Sewer Lift Station No. 13. Project costs are within budget and funded by the sewer enterprise fund. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. C. Grant Agreement: Gilliam Creek Fish Barrier Removal Staff is seeking Council approval of a Cooperative Watershed Management grant agreement with King County in the amount of $200,000 for the Gilliam Creek Fish Barrier Removal Project. Councilmember Quinn noted that this is a King County Flood Control District program. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. D. Consultant Agreement: Chinook Wind Public Access Staff is seeking Council approval of a contract with J.A. Brennan Associates, LLC in the amount not to exceed $63,373 for design of the Chinook Wind Public Access project, which will create off -channel habitat and a public trail. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. 79 80 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/04/21 JR ITEM INFORMATION ITEM NO. 6.G. 81 STAFF SPONSOR: MICHAEL RONDA ORIGINAL AGENDA DATE: 10/04/21 AGENDA ITEM TITLE Flood Damage and Repairs — FEMA Public Assistance Grant CATEGORY ❑ Discussion Altg Date Motion Date 10/04/21 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council Mayor HR DCD ❑Finance Fire TS P&R ❑Police 11 PW ❑Court SPONSOR'S Shortly after the Tukwila Urban Center (TUC) Pedestrian Bridge Project was completed, the SUMMARY river flooded and damaged the mitigation plants, irrigation system and pedestrian lighting on the bridge. The City needs to repair this damage. Council is being asked to approve the Federal Emergency Management Agency (FEMA) Public Assistance Grant Agreement for $150,000, with a City match of 12.5% or $18,750, to help pay for the TUC Pedestrian Bridge repairs and recovery. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: VERNA SEAL ❑ LTAC DATE: 09/27/21 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $18,750 $110,000 $0.00 Fund Source: ENVIRONMENTAL MITIGATION Comments: 2021 - 2026 CIP Pg. 16 MTG. DATE RECORD OF COUNCIL ACTION 10/04/21 MTG. DATE ATTACHMENTS 10/04/21 Informational Memorandum dated 09/24/2021 2021 - 2026 CIP Page 16 FEMA Grant Agreement Minutes from Transportation and Infrastructure Committee meeting of 09/27/21 81 82 City of Tukwila Allan Ekberg, Mayor Publ'ic Works Department - Marr P€x nekarrtr„ Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Michael Ronda, Project Manager CC: Mayor Allan Ekberg DATE: September 24, 2021 SUBJECT: Flood Damage and Repairs — FEMA Public Assistance Grant Project No. 11301302, Disaster 4539 -DR -WA ISSUE Provide approval for the Mayor to sign a Federal Emergency Management Agency (FEMA) Public Assistance Grant Agreement to help pay for Tukwila Urban Center (TUC) Pedestrian Bridge repairs and recovery from a Nationally declared flood disaster. BACKGROUND As part of the TUC Pedestrian Bridge Project, the City was required to install environmental mitigation measures along the banks of the Green River. These mitigation items are required to be monitored and maintained for at least five years following project completion. Shortly after the project was complete, the river flooded and damaged the mitigation plants, irrigation system and pedestrian lighting on the bridge. The City needs to repair these components and has insufficient funds in the mitigation and maintenance budget to do so. ANALYSIS FEMA provides grant funding for costs incurred from declared disasters and will reimburse up to 75% of the physical cost of recovery. The State Emergency Management Division (EMD) will reimburse another 12.5%. During the mitigation recovery work, staff has been coordinating with FEMA and the State EMD to confirm eligibility for the Public Assistance Grant program to supplement the City's budget for the needed repairs. Both the environmental mitigation recovery and the repair of the TUC Pedestrian Bridge lighting system are approved for funding, which will be provided to the City upon completing the Public Assistance Grant Agreement. This grant will provide significant cost savings to the City for these repairs. FISCAL IMPACT A preliminary cost estimate for the Tukwila Urban Center Pedestrian Bridge flood damage repairs and recovery is anticipated to be $150,000. FEMA will match the City's costs up to $112,500 and the State Emergency Management Division (EMD) will provides another $18,750. FEMA requires a 12.5% match from the City, or $18,750. The match falls well within the 2021-2022 Environmental Mitigation Budget of $110,000. Mitigation Recovery Lighting System Repair Total Cost Estimates $130,000 20,000 Funding Sources FEMA Grant $112,500 EMD Funds 18,750 City Revenue 18,750 $150,000 $150,000 RECOMMENDATION Approve the Mayor to sign a Federal Emergency Management Agency (FEMA) Public Assistance Grant agreement to help pay for Tukwila Urban Center Pedestrian Bridge repairs and recovery from a Nationally declared flood disaster and f orward this item for consideration on the Consent Agenda at the October 4, 2021 Regular Meeting. Attachments: 2021 CIP, Page 16 FEMA Grant Agreement https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2021 Agenda Items/TIC 09-27-21/1. FEMA PA Grant Application Approval/Info Memo FEMA PA Grant-09-13-2021.docx 83 84 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Wetland & Environmental Mitigation Project No. varies DESCRIPTION: Provide annual maintenance of wetland, stream, or other environmental mitigation commitments until accepted by the permitting agency. JUSTIFICATION: Some capital improvement projects have been approved contingent upon environmental mitigation requirements. Examples include: wetlands and streams. STATUS: Annual work is required to prepare mitigation reports and provide the necessary mitigation maintenance that in-house staff is unable to do in addition to their normal workload. MAINT. IMPACT: Significant annual weeding, plant replacement, and preparation of monitoring reports is required. Ongoing projects, only previous year shown in 2019. S 180th St Grade Separation wetland mitigation COMMENT: completed. Southcenter Pkwy Extension wetland and stream mitigation started in 2013. TUC Ped/Bridge & 42nd Ave S mitigation to start in 2019 with required minimum 5 year monitoring and maintenance. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES 4 ; Project Location vfJ-5•... ,,-' lV i - GIS Design FIT �5 ; •r jl_WA oiollitfbk.,--IMP,':A"- 0 Land (R/W) LITIPIPEIN 0 Const. Mgmt. 0 Repairs & Maintenan 11 40 50 60 60 70 70 70 70 501 TOTAL EXPENSES 11 40 50 60 60 70 70 70 70 501 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Proposed Mitigation 0 City Oper. Revenue 11 40 50 60 60 70 70 70 70 501 TOTAL SOURCES 11 40 50 60 60 70 70 70 70 501 2021 - 2026 Capital Improvement Program 16 85 4 ; Project Location vfJ-5•... ,,-' lV i - GIS FIT �5 ; •r jl_WA oiollitfbk.,--IMP,':A"- LITIPIPEIN 2021 - 2026 Capital Improvement Program 16 85 86 Washington State Military Department PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET 1. SUBRECIPIENT Name and Address: City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 2. Grant Agreement Amount: To be determined, based upon approved project worksheets 3. Grant Number: D20-2084 4. SUBRECIPIENT, phone/email: (206) 433-7194 /mike.ronda@TukwilaWA.gov 5. Grant Agreement Start Date: January 20, 2020 6. Grant Agreement End Date: April 23, 2024 7. DEPARTMENT Program Manager, phone/email: Gerard Urbas, (253) 512-7402 Gary.urbas@mil.wa.gov 8. Data Universal Numbering System (DUNS): 010207504 9. UBI # (state revenue): 10. Funding Authority: Washington State Military Department (the "DEPARTMENT"), and Federal Emergency Management Agency (FEMA) 11. Funding Source Agreement #: FEMA -4539 -DR -WA 12. Program Index # 704VC (Federal) / 702VE (State) / 704VD (Admin) 13. Catalog of Federal Domestic Asst. (CFDA) # & Title: 97.036, Public Assistance 14. Federal EIN #: 15. Total Federal Award Amount: N/A 16. Federal Award Date: N/A 17. Service Districts: (BY LEGISLATIVE DISTRICT): (BY CONGRESSIONAL DISTRICT): 11th 18. Service Area by County(ies): Kin CountyCertified?: g 19. Women/Minority-Owned, X ■ YES, OMWBE State N/A • NO # 9 th 20. Contract Classification: X Public/Local Gov't 21. Contract Type (check all that apply): X Grant (RCW 39.34) X Agreement • Personal Services • Client Services • Contract • Research/Development • A/E ■ Other • Intergovernmental • Interagency 22. Contractor Selection Process: X "To all who apply & qualify" N/A 23. Contractor Type (check all that apply) SUBRECIPIENT ■ Competitive Bidding • Private Organization/Individual • For -Profit X Public Organization/Jurisdiction X Non -Profit X OTHER • Sole Source • A/E RCW ■ • Filed w/OFM? ■ Advertised? • YES ■ NO • VENDOR • 24. BRIEF DESCRIPTION: Presidential Disaster Declaration # FEMA -4539 -DR -WA Severe Storms, Flooding, Mudslides, Landslides. To provide funds to the SUBRECIPIENT for the repair or restoration of damaged public facilities as approved by FEMA in project worksheets describing eligible scopes of work and associated funding. The DEPARTMENT is the Recipient and Pass-through Entity of the Presidential Disaster Declaration # FEMA -4539 -DR -WA Severe Storms, Flooding, Mudslides, Landslides, and FEMA State Agreement, which are incorporated by reference, and makes a subaward of Federal award funds to the SUBRECIPIENT pursuant to this Agreement. The SUBRECIPIENT is accountable to the DEPARTMENT for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the DEPARTMENT and SUBRECIPIENT acknowledge and accept the terms of this Agreement, references and attachments hereto and have executed this Agreement as of the date and year written below. This Agreement Face Sheet, Special Terms and Conditions (Attachment 1), General Terms and Conditions (Attachment 2), Project Worksheet Sample (Attachment 3), Washington State Public Assistance Applicant Manual dated April 23, 2020 (Attachment 4), and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 5. Special Terms and Conditions 2. DHS Standard Terms and Conditions 6. General Terms and Conditions, and, 3. Presidential Declaration, FEMA State Agreement, 7. Other provisions of the contract incorporated by reference. and other Documents 4. Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s) WHEREAS, the parties hereto have executed this Agreement on the FOR THE DEPARTMENT: day and year last specified below. FOR THE SUBRECIPIENT: Signature Date Stacey McClain, Governor's Authorized Representative Washington State Military Department Signature Date print or type name: APPROVED AS TO FORM: SUBRECIPIENT's Attorney Date Form 5/12/2020 Public Assistance Grant Agreement Page 1 of 21 City of Tukwila, D20-2084 87 Washington State Military Department SPECIAL TERMS AND CONDITIONS ARTICLE I — KEY PERSONNEL Attachment 1 The individuals listed below shall be considered key personnel and point of contact. Any substitution by either party must be submitted in writing. SUBRECIPIENT MILITARY DEPARTMENT Name Mike Ronda Name Gerard Urbas Title Project Manager Title Deputy State Coordinating Officer Public Assistance E -Mail mike.ronda@tukwilawa.gov E -Mail gary.urbas@mil.wa.gov Phone 206-433-7194 Phone (253) 512-7402 ARTICLE II - ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by FEMA applicable to the Presidential Declaration including, but not limited to, all criteria, restrictions, and requirements of the "FEMA State Agreement" published by FEMA and the federal regulations commonly applicable to FEMA grants, all of which are incorporated herein by reference. The Presidential Declaration and the FEMA State Agreement are incorporated in this Agreement by reference. The SUBRECIPIENT shall comply with the Washington State Public Assistance Applicant Manual dated April 23, 2020 incorporated in this Agreement as Attachment 4. The DHS Standard Terms and Conditions are incorporated by reference in this Agreement in Appendix F of the Washington State Public Assistance Applicant Manual dated April 23, 2020. The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The SUBRECIPIENT agrees that it will not hold the DEPARTMENT, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. Federal funding is provided by FEMA and is administered by the DEPARTMENT. Under the authority of Presidential Disaster Declaration number FEMA -4539 -DR -WA, the DEPARTMENT is reimbursing the SUBRECIPIENT for those approved eligible costs and activities necessary under the Public Assistance Grant Program during the incident period beginning January 20, 2020 to February 10, 2020. Eligible costs and activities will be identified in Project Worksheets approved by FEMA and a Project Worksheet Sample is incorporated as Attachment 3. The DEPARTMENT is also providing Advance Payments to the SUBRECIPIENT where provided by FEMA and required and allowed by law. Any interest earned on advance payments (except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination Act (23 U.S.C. 450)) shall be promptly, but at least quarterly, remitted to the DEPARTMENT to be paid to FEMA. The SUBRECIPIENT may keep interest amounts up to $100 per year for administrative expenses. A. STATE AND FEDERAL REQUIREMENTS FOR PUBLIC ASSISTANCE GRANTS: The following requirements apply to all DHS/FEMA Presidential Disasters administered by the DEPARTMENT. 1. FUNDING The DEPARTMENT will administer the Public Assistance (PA) Grant Program, provide Advance payments, and reimburse approved eligible Public Assistance costs to the SUBRECIPIENT that are identified under the auspices of Presidential Disaster Declaration Number FEMA -4539 -DR -WA and authorized by and consistent with the Stafford Act (P.L. 93-288, as amended) and applicable regulations. Public Assistance Grant Agreement 88 Page 2 of 21 City of Tukwila, D20-2084 It is understood that no final dollar figure is committed to at the time that this Agreement is executed, but that financial commitments will be made by amendments to the project application as Project Worksheets are completed in the field and projects are authorized by state and federal officials. Pursuant to the FEMA -STATE AGREEMENT, FEMA will contribute not less than seventy-five (75) percent of the eligible costs for any eligible project and one hundred (100) percent of the federal PA Management Costs, up to five (5) percent of the total award amount for each Subrecipient, as provided for in subsection 3.E. of Article II of this Public Assistance Agreement. The SUBRECIPIENT commits to providing the remaining twenty-five (25) percent non-federal match to any eligible project that has been identified under the Presidential Disaster Declaration number FEMA -4539 -DR -WA, subject to the following exceptions: DEPARTMENT Match: The Washington State Legislature may authorize the DEPARTMENT to provide a match to the SUBRECIPIENT's non-federal share of eligible projects. Provision of a match by the DEPARTMENT, if authorized by the Washington State Legislature, shall not require amendment of this Agreement. If DEPARTMENT match funds are committed to the non-federal share by the DEPARTMENT pursuant to legislative authorization, the DEPARTMENT will formally notify the SUBRECIPIENT of the match in writing which will include information identifying any related reduction in the SUBRECIPIENT's percentage commitment. Donated Resources: FEMA will credit the SUBRECIPIENT for the value of donated resources (non-cash contributions of property or services) related to eligible Emergency Work to offset the non -Federal cost share of its eligible Emergency Work project worksheets — categories A and B, and for the value of donated resources related to eligible work on a Permanent Work project to offset the non -Federal cost share of that specific Permanent Work project worksheet for which the resources were donated — categories C through G. The Donated Resources are recognized by FEMA in a Project Worksheet. Donated Resources offset the non- federal share of the eligible emergency work approved in Project Worksheets or specific permanent work approved in Project Worksheets. For non -state agency SUBRECIPIENTS, the donated resource value will first be applied to the SUBRECIPIENT's non-federal share, and, if a DEPARTMENT match is authorized, any remaining donated resource value will be applied to the DEPARTMENT's share. The value of the Donated Resources is calculated as described in FP 104-009-2 Public Assistance Program and Policy Guide (PAPPG) and the Public Assistance Donated Resources Recovery Policy, and is capped at the non -Federal share of approved eligible emergency work costs or capped at the non -Federal share of the specific approved eligible permanent work costs, as applicable. The Federal share of the Donated Resources will not exceed the non- federal share of eligible emergency work costs or of specific permanent work costs approved in Project Worksheets. Any excess credit for eligible emergency work costs can be credited only to other eligible emergency work costs, for the same SUBRECIPIENT in the same disaster. The value of excess donated resources cannot be credited toward or transferred to another eligible SUBRECIPIENT, or toward other State obligations. The DEPARTMENT does not match a FEMA donated resource credit. The Project Worksheet, sample provided in Attachment 3, is required to be completed by FEMA or State Project Specialists. 2. GRANT AGREEMENT PERIOD a. Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this Agreement shall be those activities which occurred during or subsequent to the incident period defined in the FEMA State Agreement, and shall terminate upon completion of the project(s) approved by federal and state officials, including completion of close-out and audit. This period shall be referred to as the "Grant Agreement Period." b. The Grant Agreement Period shall only be extended by (1) written notification of FEMA approval of the Grant Agreement Period followed up with a mutually agreed written amendment, or (2) written notification from the DEPARTMENT to the SUBRECIPIENT issued by the DEPARTMENT to address extensions of its underlying federal grant performance period or to provide additional time for completion of the SUBRECIPIENT's project(s). 3. PAYMENTS The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from FEMA, shall issue payments to the SUBRECIPIENT in compliance with the Washington State Public Assistance Applicant Manual dated April 23, 2020 (Attachment 4) procedures as follows: Public Assistance Grant Agreement Page 3 of 21 City of Tukwila, D20-2084 89 a. Small Project Payments: Payments are made for all small projects to the SUBRECIPIENT upon submission and approval of an A19 -1A State of Washington Invoice Voucher to the DEPARTMENT, after FEMA has approved funding through approval of Project Worksheets. b. Progress Payments: Progress payment of funds for costs already incurred on large projects minus ten (10) percent retainage may be made to the SUBRECIPIENT upon submission by the SUBRECIPIENT of an A19 -1A State of Washington Invoice Voucher, a letter of request, and a spreadsheet identifying the claimed costs supporting the payment request and approval by the DEPARTMENT. c. Improved Projects: Payments on improved projects (capped project) will be pro -rated based upon the percentage of the project that is funded under this disaster grant to the overall project cost. This percentage will be identified when the first payment on the improved project is made. Progress payments will be made as outlined above in Section B. d. Final Payment: Final Payment on a large project will be made following submission by the SUBRECIPIENT of a certification of completion on the STATEMENT OF DOCUMENTATION / FINAL INSPECTION REPORT form upon completion of project(s), completion of all final inspections by the DEPARTMENT, and final approval by FEMA. Final payment on a large project will include any retainage withheld during progress payments. Final payments may also be conditional upon financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditor's Office, the United States Inspector General or other federal or state agency. e. The SUBRECIPIENT is eligible to receive federal PA Management Costs up to five (5) percent of the total award amount for each Subrecipient at the time of its request. PA Management Costs includes any of the following when associated with the PA portion of a major disaster or emergency: Indirect costs, direct administrative costs, and other administrative expenses associated with a specific project. Documentation is required to substantiate the eligibility of management activities and associated costs in accordance with PA Management Costs Interim Policy — Standard Operating Procedures. f. All payment requests shall be made on an A19 -1A form, State of Washington, Invoice Voucher. Payments will be made by electronic fund transfer to the SUBRECIPIENT's account. Federal funding shall not exceed the total federal contribution eligible for Public Assistance costs under Presidential Disaster Declaration number FEMA -4539 -DR -WA. g. h. For state agencies, the DEPARTMENT will, through interagency reimbursement procedures, transfer payment to the SUBRECIPIENT. Payment will be transferred by journal voucher to Agency No. , Accounting Fund No. i. Within the total Grant Agreement Amount, travel, sub -contracts, salaries, benefits, printing, equipment, and other goods and services will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. For travel costs, SUBRECIPIENTs shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and follow the most restrictive. J. k. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by DEPARTMENT Key Personnel. I. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the SUBRECIPIENT consistent with record retention requirements of this Agreement, and be made available upon request by the DEPARTMENT, and local, state, or federal auditors. m. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the DEPARTMENT within forty-five (45) days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the DEPARTMENT. Public Assistance Grant Agreement 90 Page 4 of 21 City of Tukwila, D20-2084 n. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the SUBRECIPIENT, its subrecipient or contractor, or any non-federal entity to which the SUBRECIPIENT makes a subaward, and is invoiced by the vendor. o. SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The SUBRECIPIENT may be required to demonstrate and document that the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. The DEPARTMENT shall provide Advance Payments as provided by FEMA and as required and authorized by law. 4. CLOSEOUT To initiate close-out, the SUBRECIPIENT is required to certify in writing, by Project Worksheet Number, date completed, and total amount expended on the project, completion of the small projects. To initiate close-out of the large projects, the SUBRECIPIENT shall submit certification of completion on a STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT. The DEPARTMENT will then complete a site inspection and a financial review of documentation to support the claimed costs. Certifications on small and large projects are due within sixty days following the completion of the project or receipt of the approved Project Worksheet, whichever date is later. If SUBRECIPIENT is claiming federal PA Management Costs: Indirect costs, direct administrative costs, and other administrative expenses associated with a specific project must be supported by documentation to substantiate the eligibility of management activities and associated costs that has been prepared and assembled in accordance with PA Management Costs Interim Policy — Standard Operating Procedures prior to close-out. After all of the projects have been certified as complete and approved for closure by FEMA, the DEPARTMENT will forward a final A19 -1A State of Washington Invoice Voucher to the SUBRECIPIENT for release of the remaining funds due to the subrecipient for eligible costs, including any retainage previously withheld, and the allowance for federal indirect costs. 5. DOCUMENTATION / REPORTING REQUIREMENTS For all Advance Payment, the SUBRECIPIENT shall provide documentation and receipts for all costs related to the Advance Payment and provide such to the DEPARTMENT quarterly. The SUBRECIPIENT is required to retain all documentation which adequately identifies the source and application of Public Assistance funds, including the federal indirect cost reimbursement, for six years following the closure of this disaster grant. For all funds received, source documentation includes adequate accounting of actual costs and recoveries incurred. The SUBRECIPIENT shall also comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete the Audit Certification/FFATA Form, provided by the DEPARTMENT. This form is required to be completed once per calendar year, per SUBRECIPIENT, and not per agreement. The DEPARTMENT's Contracts Office will request the SUBRECIPIENT submit an updated form at the beginning of each calendar year in which the SUBRECIPIENT has an active agreement. Quarterly Reports: The SUBRECIPIENT is required to submit to the DEPARTMENT a quarterly report indicating the status of all their large projects. The status shall identify the costs incurred to date, the percentage of work completed, the anticipated completion date of the project and whether cost under runs or over runs are expected. In addition, the SUBRECIPIENT should note in the comment field any challenges or issues associated with the project. Failure to submit a complete quarterly report within fifteen (15) days following the end of the quarter will result in suspension of all payments to the SUBRECIPIENT until a complete quarterly report is received by the DEPARTMENT. The quarterly report will serve as the basis for any FEMA Office of Chief Financial Officer (OCFO) funds reduction. Public Assistance Grant Agreement Page 5 of 21 City of Tukwila, D20-2084 91 6. TIME EXTENSIONS A time extension request is required to be forwarded to the DEPARTMENT by the SUBRECIPIENT for a project prior to the expiration of the approved completion date. If the project is approved and funded after the statutory approval time period for completion, then a time extension request must be submitted to the DEPARTMENT within fifteen days of receipt of the funding package. In accordance with 44CFR206.204, the DEPARTMENT reserves the right, in its sole discretion, to consider and approve a time extension request after expiration of the approved completion date and within the DEPARTMENT's statutory extension authority. Requests for time extensions beyond the DEPARTMENT's authority will be considered and approved by FEMA, at their sole discretion. All determinations made regarding time extension requests will be based on a case by case evaluation of specific factual circumstances. A time extension request must be in writing and identify the Project Worksheet number, the reason the project has not been completed within the prior approved completion period, the reason the time extension request was not submitted prior to the statutory approval time period (if applicable), a current status of the completion of the work, a detailed timeline for completion of the remaining elements, and an anticipated completion date for the completion of the remaining work. Failure to submit a time extension request in a timely manner may result in denial of the time extension request, and loss of funding for the related project. 7. PROCUREMENT The SUBRECIPIENT shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit A.11. 8. SUBRECIPIENT MONITORING: a. The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to closeout. The goal of the DEPARTMENT's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the SUBRECIPIENT shall complete and return to the DEPARTMENT 2 CFR Part 200 Subpart F Audit Certification Form" located at http://mil.wa.qov/emerqency-management-division/qrants/requiredqrantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. c. Monitoring activities may include, but are not limited to: i. review of financial and performance reports; ii. monitoring and documenting the completion of Agreement deliverables; iii. documentation of phone calls, meetings, e-mails, and correspondence; iv. review of reimbursement requests and supporting documentation to ensure eligibility and consistency with Agreement work plan, budget, and federal requirements; v. observation and documentation of Agreement related activities; vi. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined above and in 2 CFR Part 200 Subpart F, for any non-federal entity to which the SUBRECIPIENT makes a subaward as a pass-through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. If the SUBRECIPIENT fails to comply with federal or state statutes or regulations, or the terms and conditions of this Agreement, the DEPARTMENT may impose any additional subaward conditions as described in 2 CFR 200.207. If the Public Assistance Grant Agreement 92 Page 6 of 21 City of Tukwila, D20-2084 DEPARTMENT determines that noncompliance cannot be remedied by imposing additional conditions, it may take one or more of the following actions: i. Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT. ii. Wholly or partially suspend or terminate the subaward to the SUBRECIPIENT. iii. Initiate suspension or debarment proceedings under 2 CFR 180 or recommend such a proceeding be initiated by the federal awarding agency. iv. Withhold further federal awards for the project or program. v. Take any other remedies that may be legally available. f. The DEPARTMENT agrees to: i. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will coordinate and schedule the meetings necessary to conduct and complete all monitoring and evaluation activities. ii. Develop the SUBRECIPIENT's project worksheet(s) (PW) and supporting attachments with FEMA and the SUBRECIPIENT's assistance based upon the costs determined to be eligible. iii. Submit the SUBRECIPIENT's funding package to FEMA. iv. Notify the SUBRECIPIENT when funding approval is received, issue payment per the process described above see Article II, A.4 — Payments, and provide the SUBRECIPIENT with a copy of the approved project worksheet. v. Work with the SUBRECIPIENT to resolve any issues identified during the monitoring process. vi. Review and respond appropriately to the SUBRECIPIENT's requests for time extensions and changes. 9. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) All subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/quidance-published-help-department-supported- organizations-provide-meaningful-access-people-limited and additional resources on http://www.Iep.gov. B. FEMA STATE AGREEMENT TERMS AND CONDITIONS As a subrecipient of FEMA funding, the SUBRECIPIENT shall comply with all applicable DHS/FEMA terms and conditions of the Presidential Declaration and the FEMA State Agreement, which are incorporated in and made a part of this Agreement in Appendix F of the Washington State Public Assistance Applicant Manual dated April 23, 2020 (Attachment 4). Public Assistance Grant Agreement Page 7 of 21 City of Tukwila, D20-2084 93 Attachment 2 Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the following terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "DEPARTMENT" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the DEPARTMENT, or any of the officers or other officials lawfully representing that DEPARTMENT. The DEPARTMENT is a recipient of a federal award directly from a federal awarding agency and is pass-through entity making a subaward to a subrecipient under this Agreement. b. "SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the DEPARTMENT. However, the definition of "subrecipient" is the same as in 2 CFR 200.93 for all other purposes. "Monitoring Activities" means all administrative, construction, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. c. "Project" means those actions funded through the Public Assistance Program and described in approved Project Worksheets. Projects may include one or more of the following: reimbursement of costs for emergency response, debris removal and/or repair or restoration of damaged public facilities. A project may be a small, large, improved, or alternate project. d. "Investment Justification" means grant application investment justification submitted by the SUBRECIPIENT describing the project for which federal funding is sought and provided under this Agreement. Such grant application investment justification is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement, except as required under 2 CFR 200.305 for federal grants. SUBRECIPIENT shall not invoice the DEPARTMENT in advance of delivery and invoicing of such goods or services, except as authorized under 2 CFR 200.305. Pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.0 §5121- 5207), Advance Payment process, FEMA will process a SUBRECIPIENT project worksheet which is provided to the state of Washington for direct disbursement to SUBRECIPIENT. Pursuant to these provisions and RCW 43.88.160(5), these grant funds are not subject to the advance payments prohibition and will be disbursed immediately to SUBRECIPIENT as grants authorized by law with subsequent authentication and certification of expenditures. A.3 AMENDMENTS AND MODIFICATIONS The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of this Agreement. Modifications may be requested for Grant Agreement end date, budget or scope change. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the SUBRECIPIENT. No other understandings or agreements, written or oral, shall be binding on the parties. A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The SUBRECIPIENT must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. Public Assistance Grant Agreement 94 Page 8 of 21 City of Tukwila, D20-2084 A.5 APPLICATION REPRESENTATION -MISREPRESENTATION, INACCURACY AND BREACH The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. A.6 ASSURANCES DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. In addition, as a SUBRECIPIENT of FEMA funding, the SUBRECIPEINT shall comply with all applicable DHS terms and conditions as specified in Appendix F of the Washington State Public Assistance Applicant Manual dated March 22, 2020 incorporated in this Agreement as Attachment 4. A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency- management-division/requiredgrantforms. Any such form completed by the SUBRECIPIENT for this Agreement shall be incorporated into this Agreement by reference. Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies that it will ensure that potential sub -contractors or sub -recipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub -awards to sub -recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply with this provision by obtaining a certification statement from the potential sub -contractor or sub - recipient or by checking the System for Award Management (http://www.sam.gov) maintained by the federal government. The SUBRECIPIENT also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (http://www.lni.wa.gov/TradesLicensinq/PrevWage/AwardingAgencies/DebarredContractors/). A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the SUBRECIPIENT will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Public Assistance Grant Agreement Page 9 of 21 City of Tukwila, D20-2084 95 A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, as supplemented by Department of Labor regulations (41 CFR chapter 60); Copeland Anti -Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3); Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5); Energy Policy and Conservation Act (PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Title 44 of the Federal Regulations, 2 CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. In the event of the SUBRECIPIENT's or its contractor's noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.10 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such the SUBRECIPIENT who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.11 CONTRACTING & PROCUREMENT a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of any contracts with contractors or sub -contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract Provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. Public Assistance Grant Agreement 96 Page 10 of 21 City of Tukwila, D20-2084 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The procurement process followed shall be in accordance with 2 CFR Parts 200 and 3002, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the SUB- GRANTEE. All subcontracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Public Assistance Grant Agreement Page 11 of 21 City of Tukwila, D20-2084 97 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non -Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of Federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the DEPARTMENT, the SUBRECIPIENT, the Federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the SUBRECIPIENT has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for Infrastructure Projects," the DEPARTMENT encourages SUBRECIPIENTS to use, to the greatest extent practicable and consistent with the law, iron and aluminum as well as steel, cement and other manufactured products produced in the United States, in Public Assistance and Hazard Mitigation Grant Program eligible public infrastructure repair and construction projects affecting surface transportation, ports, water resources including sewer and drinking water and power. Such preference must be consistent with the law, including cost and contracting requirements of 2 CFR Part 200. Public Assistance Grant Agreement 98 Page 12 of 21 City of Tukwila, D20-2084 b. The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and documents and require the SUBRECIPIENT to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 2 CFR 200.326. The SUBRECIPIENT must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project costs. c. All sub -contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.12 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUBRECIPIENT's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other law or court order. A.13 DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the SUBRECIPIENT and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the third panel member. A.14 DUPLICATION OF BENEFITS The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not, or will not, duplicate benefits or funds received for the same loss from any other source. The SUBRECIPIENT will pursue, and require sub -recipients to pursue, full payment of eligible insurance benefits for properties or any other losses covered in a project under this Agreement. The SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are duplicated by other benefits, funds, or insurance proceeds. The SUBRECIPIENT will also seek recovery against any party or parties whose negligence or other intentional or tortious conduct may have caused or contributed to the expenditures for which these grants funds are provided. The SUBRECIPIENT will repay the DEPARTMENT any funds recovered by settlement, judgment, or other court order in an action to recover funds provided by this grant. The SUBRECIPIENT shall notify the DEPARTMENT as early as possible and work in conjunction with the DEPARTMENT and FEMA to ensure appropriate apportionment of any duplicated or recovered payment. A.15 HAZARDOUS SUBSTANCES The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the results of its inspection and investigation and all other knowledge the SUBRECIPIENT has as to the presence of any hazardous substances at the proposed development/construction project site. The SUBRECIPIENT will be responsible for any associated clean-up costs. "Hazardous Substance" is defined in RCW 70.105D.020 (10). A.16 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub -contractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. Public Assistance Grant Agreement Page 13 of 21 City of Tukwila, D20-2084 99 To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUBRECIPIENT, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the SUBRECIPIENT, or SUBRECIPIENT's agents or employees. Insofar as the funding source, the DEPARTMENT of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non -liability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.17 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the DEPARTMENT's Authorized Signature and the Authorized Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement requests, certification of project completion, time extension requests, amendment and modification requests, requests for changes to project status, and other requests, certifications and documents authorized by or required under this Agreement. A.18 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate or suspend all or part of the Agreement as a "Termination for Cause" without providing the SUBRECIPIENT an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the DEPARTMENT has no obligation to do so. A.19 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred, or assigned by the SUBRECIPIENT. A.20 NONDISCRIMINATION The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.21 NOTICES The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. A.22 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The SUBRECIPIENT represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the SUBRECIPIENT's performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, Public Assistance Grant Agreement 100 Page 14 of 21 City of Tukwila, D20-2084 damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply. A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the SUBRECIPIENT. The SUBRECIPIENT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the State of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.24 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.25 PRIVACY Personal information collected, used, or acquired in connection with this agreement shall be used solely for the purposes of this agreement. SUBRECIPIENT and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the DEPARTMENT or as provided by law or court order. SUBRECIPIENT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to personal information. The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information collected, used, or acquired by the SUBRECIPIENT through this contract. The monitoring, auditing, or investigating may include but is not limited to "salting" by the DEPARTMENT. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT for any damages related to the SUBRECIPIENT's unauthorized use, loss or disclosure of personal information. For purposes of this provision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, or other activities, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other identifying numbers. A.26 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided; however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.27 PUBLICITY The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and publicity matters relating to this Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. The SUBRECIPIENT shall include language which acknowledges the funding contribution of the DEPARTMENT and FEMA to this project in any release or other publication developed or modified for, or referring to, the project. Public Assistance Grant Agreement Page 15 of 21 City of Tukwila, D20-2084 101 Publication resulting from work performed under this Agreement shall include an acknowledgement of the DEPARTMENT and FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.28 RECAPTURE PROVISION In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses thereof, including attorney fees. A.29 RECORDS AND REPORTS a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the SUBRECIPIENT's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The SUBRECIPIENT's records related to this Agreement and the projects funded may be inspected and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the SUBRECIPIENT for such inspection and audit, together with suitable space for such purpose, at any and all times during the SUBRECIPIENT's normal working day. d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) year must be followed. A.30 RECOVERY OF FUNDS Any person who intentionally causes a condition for which funds are provided under this Agreement shall be liable for the costs incurred by the state and federal governments in responding to such disaster. In addition to its own duty to recover duplicated funds or funds expended due to the intentional or negligent actions of others. SUBRECIPIENT will cooperate in a reasonable manner with the DEPARTMENT and the United States in efforts to recover expenditures under this Grant Agreement. A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of work/work plan (project) by providing grant funds pursuant to this Agreement, the project itself remains the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the SUBRECIPIENT, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the SUBRECIPIENT, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or Public Assistance Grant Agreement 102 Page 16 of 21 City of Tukwila, D20-2084 agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.32 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.33 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-federal entities as subrecipients that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local government, Indian Tribe, institution of higher education, or non-profit organization that carries out a federal award as a recipient or subrecipient. SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F. The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or contractors also maintain auditable records. The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The SUBRECIPIENT must respond to DEPARTMENT requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the SUBRECIPIENT all disallowed costs resulting from the audit. Once the single audit has been completed and includes any audit findings, the SUBRECIPIENT must send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9) months after the end of the SUBRECIPIENT's fiscal year(s) to: Contracts Office Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430-5032 The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The SUBRECIPIENT shall include the above audit requirements in any subawards. Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the SUBRECIPIENT's failure to comply with said audit requirements may result in one or more of the following actions in the DEPARTMENT's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. Public Assistance Grant Agreement Page 17 of 21 City of Tukwila, D20-2084 103 A.34 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The SUBRECIPIENT, and/or employees or agents performing under this Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Agreement, nor will the SUBRECIPIENT make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the SUBRECIPIENT is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the State of Washington in their own right and not by reason of this Agreement. A.35 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or regulation that are applicable to Agreement performance. A.36 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement by providing written notice of such termination to the DEPARTMENTs Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the DEPARTMENT, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the SUBRECIPIENT. Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds. In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.37 TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Agreement in whole or in part. The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall not diminish or eliminate the SUBRECIPIENT's liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure, the DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Agreement may be terminated in whole or in part. The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUBRECIPIENT, if allowed, or pending a decision by the DEPARTMENT to terminate the Agreement in whole or in part. In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Agreement and the replacement or Public Assistance Grant Agreement 104 Page 18 of 21 City of Tukwila, D20-2084 cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to perform was outside of the SUBRECIPIENT's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.38 TERMINATION PROCEDURES In addition to the procedures set forth below, if the DEPARTMENT terminates this Agreement, the SUBRECIPIENT shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the DEPARTMENT may require the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement termination, and the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUBRECIPIENT for termination. The DEPARTMENT may withhold from any amounts due the SUBRECIPIENT such sum as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or liability. The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing, the SUBRECIPIENT shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or sub -contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and sub -contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub- contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent directed by the DEPATMENT any property which, if the Agreement had been completed, would have been required to be furnished to the DEPARTMENT; f. Complete performance of such part of the work as shall not have been terminated by the DEPARTMENT in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection and preservation of the property related to this Agreement which is in the possession of the SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest. A.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when Public Assistance Grant Agreement Page 19 of 21 City of Tukwila, D20-2084 105 possible and will take all necessary affirmative steps to utilize business firms that are certified as minority-owned and/or women -owned in carrying out the purposes of this Agreement. The following steps are required by the subrecipient if any contracts with contractors or sub -contractors are entered into under the original contract award: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the State of Washington MWBE goals, as identified in. WAC 326-30-041. A.40 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The SUBRECIPIENT, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.41 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. Public Assistance Grant Agreement 106 Page 20 of 21 City of Tukwila, D20-2084 PROJECT WORKSHEET SAMPLE U.S. DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET Attachment 3 O.M.B. No. 1660-0017 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and financial resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660-0017). You are not required to respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not send your completed form to this address. DISASTER PROJECT NO. PA ID NO. DATE CATEGORY F _ R DAMAGED FACILITY WORK COMPLETE AS OF: % SUBRECIPIENT COUNTY LOCATION LATITUDE LONGITUDE DAMAGE DESCRIPTION AND DIMENSIONS SCOPE OF WORK Does the Scope of Work change the pre -disaster conditions at the site? ❑ Yes ❑ No Special Considerations issues included? ❑ Yes ❑ No Hazard Mitigation proposal included?❑ Yes ❑ No Is there insurance coverage on this facility? ❑ Yes ❑ No PROJECT COST I T CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST / / / / / / / / TOTAL COST PREPARED BY TITLE SIGNATURE SUBRECIPIENT REP. TITLE SIGNATURE FEMA Form 90-91, FEB 06 Public Assistance Grant Agreement REPLACES ALL PREVIOUS EDITIONS. Page 21 of 21 City of Tukwila, D20-2084 107 108 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September27, 2021 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency CouncilmembersPresent:Verna Seal, Chair, De'Sean Quinn, Thomas McLeod Staff Present: David Cline, Hari Ponnekanti, Brittany Robinson, Mike Perfetti, Seong Kim, Mike Ronda, Adib Altillal Chair Seal called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Flood Damage & Repairs Staff is seeking Council approval of a FEMA Public Assistance Grant in the amount of $112,500 to help pay for Tukwila Urban Center Pedestrian Bridge repairs and damage caused by flooding. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. B. Consultant Agreement: Future Sewer Lift Station 13 Feasibility Study Staff is seeking Council approval of a contract with Gray & Osborne, Inc. in the amount of $41,700 for a feasibility study for the Future Sewer Lift Station No. 13. Project costs are within budget and funded by the sewer enterprise fund. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. C. Grant Agreement: Gilliam Creek Fish Barrier Removal Staff is seeking Council approval of a Cooperative Watershed Management grant agreement with King County in the amount of $200,000 for the Gilliam Creek Fish Barrier Removal Project. Councilmember Quinn noted that this is a King County Flood Control District program. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. D. Consultant Agreement: Chinook Wind Public Access Staff is seeking Council approval of a contract with J.A. Brennan Associates, LLC in the amount not to exceed $63,373 for design of the Chinook Wind Public Access project, which will create off -channel habitat and a public trail. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. 109 110 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/04/21 JR ITEM INFORMATION ITEM NO. 6.H. 111 STAFF SPONSOR: MIKE PERFETTI ORIGINAL AGENDA DATE: 10/4/21 AGENDA ITEM TITLE Surface Water Fund - Chinook Wind Public Access Project Design Consultant Selection and Agreement CATEGORY ❑ Discussion Altg Date Motion Date 10/04/21 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council Mayor HR DCD ❑Finance Fire TS P&R ❑Police 11 PW ❑Court SPONSOR'S The City is developing the public access component of the Chinook Wind Public Access SUMMARY Project. The City issued a RFP to three design firms to provide project design services for the Chinook Wind Public Access project . Two firms submitted proposals. J.A. Brennan Associates, LLC was the highest-ranking firm among committee members. Council is being asked to approve a consultant agreement with J.A. Brennan Associates, LLC in the amount of $63,373.10 for design of the Chinook Wind Public Access Project. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: VERNA SEAL ❑ LTAC DATE: 09/27/21 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $63,373.10 $88,000.00 $0.00 Fund Source: SURFACE WATER Comments: 2019-2024 CIP, page 91 MTG. DATE RECORD OF COUNCIL ACTION 10/4/21 MTG. DATE ATTACHMENTS 10/4/21 Informational Memorandum dated 09/24/21 2019 - 2024 CIP, Page 91 Proposal Review Summary Sheet Consultant Agreement Minutes from Transportation and Infrastructure Committee meeting of 09/27/21 111 112 City of Tukwila Allan Ekberg, Mayor Pit be Works Deportment - Bort Porprooranti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director BY: Mike Perfetti, Habitat Project Manager CC: Mayor Allan Ekberg DATE: September 24, 2021 SUBJECT: Surface Water Fund - Chinook Wind Public Access Project Project No. 91441202 Design Consultant Selection and Agreement ISSUE Approve a contract with J.A. Brennan Associates, LLC to provide project design services for the Chinook Wind Public Access project in the amount of $63,373.10. BACKGROUND The Chinook Wind Public Access project was established as a City CIP project in 2014 with the vision of creating off -channel habitat and a public shoreline trail. King County acquired the site in 2015 and has since been working to implement the restoration component of the project through their in -lieu fee mitigation program. The City is developing the public access component including a trail, trailhead, parking, stormwater treatment, site furnishings, and signage. These efforts are being closely coordinated. Construction of the public access component is slated for 2022. ANALYSIS Staff reviewed the current MRSC Consultant Roster and issued a Request for Proposal (RFP) to three design firms with project familiarity that had previously expressed interest. Two firms submitted proposals. The proposals were scored according to predefined criteria by a selection committee. J.A. Brennan Associates, LLC was the highest-ranking firm among committee members. J.A. Brennan Associates, LLC previously contracted with the City for the design of Duwamish Gardens and the in - progress Tukwila Pond master plan. Staff continues to be very satisfied with their work. FISCAL IMPACT J.A. Brennan Associates, LLC has provided a cost not to exceed $63,373.10 to perform design services. The project costs are within the $88,000.00 budget (2020-2021 CIP). The City has a grant agreement with the State Recreation and Conservation Office that will pay for up to 50% of design and construction costs, including $26,200 in design costs. Contract 2020-2021 Design Budget J.A. Brennan Associates $63,373.10 $88,000.00 RECOMMENDATION Council is being asked to approve a consultant agreement with J.A. Brennan Associates, LLC in the amount of $63,373.10 for design of the Chinook Wind Public Access Project and consider this item on the Consent Agenda at the October 4, 2021 Regular Meeting. Attachments: Page 91, 2019-2024 CIP Proposal Review Summary Sheet Consultant Agreement https:/Itukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2021 Agenda Items/TIC 09-27-21/4. Chinook Wind Consultant Agreement/Info Memo_JAB contract award_20210924R.docx 113 114 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Chinook Wind Public Access Project No. 91441202 King County purchased site and will restore it as a salmon estuary and passive park in partnership with the City. DESCRIPTION: City CIP project is to develop public access and maintenance trail. Plan is to connect trail through PW shops to Duwamish Gardens. The WRIA 9 Salmon Recovery Plan recommends creating 20 -acres of off -channel habitat within the JUSTIFICATION: Duwamish Transition Zone and lists this section of the river as critical habitat for salmon recovery within the Green/Duwamish Watershed. STATUS: King County construction slated to begin in 2021. City construction will be a separate contract, to start in 2022. MAINT. IMPACT: Passive park will require additional maintenance. COMMENT: Grant funding for County project is from the KC fee in -lieu mitigation program and KCD. City CIP has 50% RCO ALEA funding. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES •� Project Location - '��. s• N . ______ allt_k 2;'‘W 'Y _ \� _ �; S Design 21 44 44 !ji ifor, ' \\Hw A\ 0 "'111, 109 Land (R/W) 52 10 62 Monitoring 15 15 15 45 Const. Mgmt. 79 79 Construction 1 263 264 TOTAL EXPENSES 74 69 59 357 0 0 0 0 0 559 FUND SOURCES Awarded Grant RCO 20 20 117 157 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 74 49 39 240 0 0 0 0 0 402 TOTAL SOURCES 74 69 59 357 0 0 0 0 0 559 2021 - 2026 Capital Improvement Program 91 115 •� Project Location - '��. s• N . ______ allt_k 2;'‘W 'Y _ \� _ �; S +,87,,,„„ :et ild, Q1li !ji ifor, ' \\Hw A\ 0 "'111, p , A Fir 12 so,\hi i 28' •\\o B 305�ik\9Kglib 9 h,♦ 2021 - 2026 Capital Improvement Program 91 115 116 OG. Pyy o' of Selection Committee Combined Scoring 1 0 .e Chinook Wind Public Access (loopoints max) >P Relevant Project Experience of Key Personnel (0-30) 28 22 NA Project Understanding (0-25) 24.5 20 NA Project Approach (0-20) 19 17 NA Abitlity to Keep Projects on Schedule/ Budget (0-15) 12.5 13.5 NA Personnel Availability/Schedule (0-10 points) 9 9 NA TOTALS (Highest Total Score is best) 93 81.5 NA Firm Rank (1 - 3, Lowest = Best) 1 2 NA W:\PW Eng\PROJECTS\A- DR Projects\Chinook Wind (91441202)\01 Preliminary Engineering\Consultant selection\Proposals\Proposal Scores_20210713 117 118 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and J.A. Brennan Associates, PLLC, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform design services in connection with the project titled Chinook Wind. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending June 30, 2022, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than June 30, 2022, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $63,373.10 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 119 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 120 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 121 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Jim Brennan J.A. Brennan Associates, PLLC 2701 1st Ave Suite 510 Seattle, WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 122 Page 4 DATED this day of , 2021. CITY OF TUKWILA CONSULTANT By: Allan Ekberg, Mayor Printed Name: Title: Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 123 124 September 03, 2021 Exhibit A Scope of Work Chinook Wind Public Access Project Prepared For: Mike Perfetti Habitat Project Manager The City of Tukwila Public Works Department Project Description ,‘,$p j.a. brennan associates PLLC Landscape Architects & Planners 2701 First Avenue Suite 510, Seattle, WA 98121 t. 206.583-0620 f. 206.583.0623 www. jabrennan. corn J.A. Brennan Associates will provide Landscape Architectural services to support in the trail design and implementation at the Chinook Wind project site. Davido Consulting Group (DCG), as subconsultant to J.A. Brennan and Associates, will provide permitting and construction documents, civil engineering services including stormwater engineering per King County Surface Water Design Manual (2021) and a drainage, utility, and paving ROW plans associated with the parking area and trail design. The Chinook Wind Public Access Project will provide public pedestrian trail access through King County's Chinook Wind 5 '/2 acre off -channel mitigation project. The project site is on the right bank of the Duwamish River at about river mile 6, just downstream from the City's Duwamish Gardens habitat restoration and park site and is accessed via Tukwila International Boulevard. The project goal is to integrate inviting shoreline public access through the Chinook Wind site. The trail will be located within a public trail easement granted to the city that runs along the north and east perimeter of the site. The mitigation/habitat restoration is being undertaken by King County's Mitigation Reserves Program and is not included as part of this project. Mitigation project construction is planned to begin in the fall of 2021. The Public Access project will develop a trail system that will eventually connect with the Duwamish Gardens trail just upstream, making a substantial and unique urban shoreline access experience. The property will be transferred to the City of Tukwila following the County's mitigation project and subsequent multi-year maintenance period. Project design elements include a small parking area within the Tukwila International Boulevard Street right-of-way, drainage, a trail head, kiosk, signage, the pedestrian trail, site furnishings, fencing, viewpoints, planting coordination and irrigation. For the purposes of understanding the scale of this project, the anticipated construction cost is thought to be around +$200,000. City of Tukwila Chinook Wind Public Access Project Scope of Work 1 125 Task A — Administration/Coordination Administration tasks include meeting coordination, scheduling, contract administration and subconsultant administration costs and expenses. Task B — Site Investigation & Technical Analysis Provide base mapping, review relevant data, and identify if additional survey is needed. The city will provide: AutoCAD survey, King County's mitigation bid plans, cultural resources report, geotechnical report, and the trail easement. The construction of King County's project will begin in the fall of 2021. DCG has budgeted time for 1 site visit and code review. Deliverables: • Site base map based on provided survey from the client Task C — Public and Team Coordination This task will include time for city staff meetings, design team meetings, and stakeholder meetings. Public outreach will be led by the city. JAB has included time to participate in one stakeholder or public meeting. Production of a brief PowerPoint slide show to support city staff is included. DCG has budgeted time for five team meetings including a Client/Team Kick Off meeting, a Public/Stakeholder meeting (attendance only) and 3 progress meetings. Deliverables: • As identified in the fee matrix Task D — Schematic Design Two quick alternative plan studies of parking, trail alignment, potential non-structural on grade overlooks or viewpoints and upland planting will be prepared for review by staff, stakeholders, and the public. A brief tech memo will be prepared summarizing each alternative. Alternative designs will utilize site analysis investigations and information to finesse the preferred alternative to add recreational and interpretive elements and accommodate maintenance and security needs at the Chinook Wind site. The draft and final schematic plan will reflect the preferred design as ascertained during the alternatives design process. The schematic design will include a preliminary layout of the trail alignment within the 20' easement and planting areas. Consideration for overlooks/viewpoints and interpretive signage locations will be included in the schematic plan. The plan will be accompanied by other hand -drawn graphics as described under the deliverables section below, and a brief written tech memo that describes the preferred trail alignment. DCG will correspond briefly with JAB while they review existing policy and documents, identify design goals and list potential program elements. DCG will comment on JAB's written description of alternatives, two diagrammatic alternative concept plans, two site sections, preferred concept plan graphic as well two landscape architecture sections and a Concept Plan memo. City of Tukwila Chinook Wind Public Access Project Scope of Work 2 126 DCG will prepare up to two section and/or detail sheets to help illustrate the JAB design and take the lead role producing cost estimates for the parking area. Deliverables: • As identified in the fee matrix Task E - Permit Support This task includes providing necessary permit documentation and a limited amount of coordination and correspondence to support the client applying for one local (City) permit. J.A. Brennan will provide limited permit agency coordination support and will provide a limited amount of design changes and responses to permit review comments. Revisions to the permit application or re -design because of the permit review is not included in this contract. In -water permits are not anticipated including the HPA or Corps permit. Some meeting time and coordination is shared between several permit activities for efficiency. It is assumed that this efficiency can be maintained for meetings and coordination with multiple agencies. DCG has budgeted 4 hours for phone calls and coordination. Deliverables: • As identified in the fee matrix Task F- Construction Documents (60%, 90% and 100% PSE) Construction documents will be submitted twice for client review prior to issuing final construction documents. Submittals will be provided at 60%, 90% and 100% design completion. They will include plans, specifications and estimate of probable construction costs and unit bid item list. Specifications will be provided in City of Tukwila Special Provisions format to WSDOT standard specifications. J.A. Brennan Associates: J.A. Brennan will provide layout, grading, planting, irrigation, and associated details. DCG has budgeted time to provide Site, Grading, Hardscaping, and Utility Plans, as well as the final Drainage for the parking area. Report Final TIR and SWPPP and cost estimates will include the trial and parking area. Deliverables: • As identified in the fee matrix Task G - Bid Support JAB will support in responding to contractor's questions during the bid period, attend a pre-bid meeting, and support with the preparation of up to 2 addenda if required. Deliverables: • As identified in the fee matrix City of Tukwila Chinook Wind Public Access Project Scope of Work 3 127 Assumptions General Assumptions: 1. The Client will provide CAD survey of the project site. 2. J.A. Brennan does not provide contaminated soils remediation services. 3. The client will provide coordinated, consolidated review comments at each submittal. 4. JAB will use city provided title block, and sheet format. 5. JAB will use in house Cad standards. 6. City will lead all permit applications for the project. In water permits are not anticipated. 7. To support in the efficiency of the project design, the easterly trail connection between the Duwamish Garden site and the Chinook Wind site, will be based on the design developed in the contract documents prepared for the Duwamish Garden project with limited hours (up to 4 hours) to refine the trail interface at the Chinook Wind connection. 8. Construction Stormwater General Permit (CSWGP) application is not included. It is assumed that the Contractor will provide the CSWGP. 9. Refer to Exhibit B Fee Matrix for specific products and scope items. 10. Construction support is not included in this scope of work. 11. Historic properties research is not included; it is assumed there are not designated historical sites or buildings within the project area. 12. Shoreline Permit application not included; Critical Area analysis and permit not included. DCG Assumptions: 1. Topographic base mapping will be completed by others and provided to DCG in electronic AutoCAD format including point files. 2. Any additional required survey information will be completed by others under separate scope. 3. On-site stormwater facilities must be located within the City's easement boundary. Either on-site infiltration, sheet flow to the wetland, or a direct connection to an existing city main within 100' of the site will be a viable method of stormwater conveyance, flow control, and discharge. 4. There will be greater than 5,000 Square feet, but less than 10,000 Square feet of new pollution generating impervious surface, requiring water quality facilities, but not flow control. City of Tukwila Chinook Wind Public Access Project Scope of Work 4 128 5. Electrical systems/connections will be designed build and necessary permits obtained by others. This scope does not include electrical engineering. Electrical engineering, if required, will be provided by others. 6. Geotechnical Engineering services (i.e., infiltration facility testing and recommendations) will be completed by others and the information provided to DCG. 7. All permit applications, coordination and fees will be handled and paid for by others. City of Tukwila Chinook Wind Public Access Project Scope of Work 5 129 130 EXHIBIT B - Fee Matrix Client: City of Tukwila Public Works Project: Chinook Wind Public Access Project - Contract Documents J.A. BRENNAN ASSOCIATES, PLLC September 3, 2021 TASK ITEM Rate DESCRIPTION 1B PM $195.00 DC LA $150.00 1W Designer $9800 SY Admin $110.00 Total lAB Hours Total labor Total Expenses Total 1.A. Brennan Labor/Exp Total 1.A, Brennan w/ Markup Total DCG -Civil Civil Total Subc06sutta6t Markup Grand Total A Administration/Coordination 1 Job set-up 1 1 1 2 1 2 260.00 20.00 280.00 280.00 280.00 2 Progress reports 1 2 4 565.00 20.00 585.00 585.00 585.00 3 Prepare invoices 1 2 4 565.00 20.00 585.00 585.00 585.00 515.00 4 Scheduling 1 3 495.00 20.00 515.00 515.00 B 1 Total Site Investigation and Technical Analysis Base map preparation 3 5 1 0 2 5 13 3 1,885 346.00 80. 20.00 1,965 366.00 1,965 366.00 0 0 0.00 0 0.00 1,965.00 366.00 2 Background data review, reports, plans 1 1 2 1 2 248.00 20.00 268.00 268.00 0.00 0.00 268.00 3 Up to (1) site visit- Part of Kick-off meeting 2 4 496.00 60.00 556.00 556.00 0.00 0.00 556.00 4 Code review 1 2 248.00 20.00 268.00 268.00 0.00 0.00 268.00 Total 5 6 0 11 1,338.00 02000 1,458.00 1,458.00 0.00 000 0.00 1,458.00 C 1 Public and Team Coordination Team meetings (3 lhr meetings) 7 939.00 20.00 959.00 1,039.00 800.00 800.00 80.00 1,839.00 1 3 3 2 3 2 Client/ Team Kick off meeting/ Site Visit 1 2 5 691.00 20.00 711.00 771.00 600.00 600.00 60.00 1,371.00 3 Public/Stakeholder Meeting include time for preparation (l only) 1 3 7 939.00 20.00 959.00 959.00 0.00 0.00 959.00 4 Up to 3 client/ staff meetings (JAB only) -1.5 hour -conference call 2 4 2 8 1,186.00 20.00 1,206.00 1,206.00 0.00 0.00 1,206.00 5 Progress Meetings (up to 3 conference calls with client 1 hr check in) 1 3 2 6 841.00 20.00 861.00 861.00 0.00 0.00 861D0 6 Prepare meeting graphics/ Boards/ Powerpoint for Public / Stakeholder mtg 1 8 1,037.00 20.00 0,05700 1,057.00 0.00 0.00 0,057.00 Total 18 16 0 41 5,633.00 120.00 5,753.00 5,893.00 1,400.00 1,400.00 140.00 7,293.00 D Schematic Design 1 -y t Prepare brief written description of alternatives- (tech memo 2 pages) 1 2 e 4 541.00 20.00 µ 561.00 561.00 0.00 0.00 561.00 2 Prepare two diagrammatic alternative concept plans (30 or40 scale) 1 2 4 7 887.00 20.00 907.00 987.00 800.00 800.00 80.00 1,787.00 3 Site Sections - 1 per Alternative (2 Total) 1 4 5 542.00 20.00 562.00 562.00 0.00 0.00 562.00 4 Prepare draft and Final Preferred Schematic plan graphic (30 or 40 scale) 1 3 8 12 1,429.00 20.00 1,449.00 1,449.00 0.00 0.00 1,449.00 5 Prepare up to 2 landscape arch. sections (update 1, 1 new only) 1 4 5 542.00 60.00 602.00 602.00 0.00 0.00 602.00 6 Cost estimate (schematic plan only) 4 6 10 1,188.00 20.00 1,208.00 1,208.00 0.00 0.00 1,208.00 7 Prepare draft Concept plan memo - hrief bullet speaking points summary 1 2 3 6 789.00 20.00 809.00 809.00 0.00 0.00 809.00 Total 14 31 0 49 5,918.00 180.00 6,098.00 6,178.00 80000 800.00 80.00 6,978.00 E Permit Support 1 SEPA Checklist support -draft & final (City lead) 1 2 4 5 4 3 7 887.00 20.00 20.00 20.00 20.00 907.00 907.00 0.00 0.00 907.00 2 Support City permit applications (City lead) 1 3 9 1,135.00 1,155.00 1,155.00 0.00 0.00 1,155.00 3 Comment Response to City review 3 7 842.00 862.00 862.00 0.00 0.00 862.00 4 Client/Agency Coordination 3 6 744.00 764.00 764.00 0.00 0.00 764.00 F 1 Total _ 11 1 16 2 0 29 3 3,608.00 346.00 80.00 20.00 3,688.00 - 366.00 3,688.00 366.00 000 ' ,9b 0.00 0.00 0.00 3,688.00 366.00 Construction Documents 60%, 90%, 100% Plans Specs and Estimate Cover Sheet (all sheets 22034) 2 Existing Conditions Plan (1 vhf 30 scale) 1 2 3 346.00 20.00 366.00 366.00 0.00 0.00 366.00 3 TESC Site Plan and Demolition and Vegetation protection plan (1 sht 30 scale) 2 9 11 1,182.00 20.00 1,202.00 1,202.00 0.00 0.00 1,202.00 4 Details: BMP/TESC civil lead (1 sht) 1 1 2 248.00 20.00 268.00 468.00 2,000.00 2,000.00 200.00 2,468.00 5 Site Layout and grading Plan (up to 3 sheets 20 scale trail easement area) 1 8 14 23 2,767.00 20.00 2,787.00 2,787.00 0.00 0.00 2,787.00 6 Drain age, Utility, Paving ROW Plan (Civil Lead -1 sht 30 scale) 1 1 2 248.00 20.00 268.00 568.00 3,000.00 3,000.00 300.00 3,568.00 7 Irrigation Plan Sheets (up to 3 sheets 20 scale trail easement area) 2 16 18 1,868.00 20.00 1,888.00 1,888.00 0.00 0.00 1,888.00 8 Planting Plan Sheets (up t0 3 sheets 20 scaletrail easement area) 1 4 18 23 2,559.00 20.00 2,579.00 2,579.00 0.00 0.00 2,579.00 9 Plant list (1 sht) 4 8 12 1,384.00 20.00 1,404.00 1,404.00 0.00 0.00 1,404.00 10 Details: Trail and Sections (up to 1 shts) 4 10 14 1,580.00 20.00 1,600.00 1,600.00 0.00 0.00 1,600.00 11 Details: Paving at parking area (DCG lead) 1 2 3 495.00 20.00 515.00 615.00 1,000.00 1,000.00 100.00 1,615.00 12 Details: Drainage/ utilities (2 sht civil) 2 1 3 398.00 20.00 418.00 539.10 1,211.00 1,211.00 121.10 1,750.10 13 Details: Site Furniture (1 sht) 2 10 12 1,280.00 20.00 1,300.00 1,300.00 0.00 0.00 1,300.00 14 Details: Planting (1 shs) 1 4 8 13 1,579.00 20.00 1,599.00 1,599.00 0.00 0.00 1,599.00 15 Details: Irrigation Details/ Schedule (1 sht) 1 2 4 7 887.00 20.00 907.00 907.00 0.00 0.00 907.00 16 Grading cut and fill calculations 4 1 5 698.00 20.00 718.00 718.00 0.00 0.00 718.00 17 Drainage Report Final TIR and SWPPP 2 1 3 398.00 20.00 418.00 718.00 3,000.00 3,000.00 300.00 3,718.00 18 Cost Estimate/ Unit Bid Item list (landscape lump sum) 1 6 14 21 2,467.00 20.00 2,487.00 2,587.00 1,000.00 1,000.00 100.00 3,587.00 19 Technical Specifications (City of Tukwila WSDOT-format) 2 18 18 38 4,854.00 2000 4,87400 4,974.00 1,000.00 1,000.00 100.00 5,974.00 Total '70. 138 0 216 3 25,584.00 346.00 380.00 20.00 25,964.00 366.00 27,185.10 446.00 12,211.00 800.00 12,211.00 800.00 1,221.10 80.00 39,396.10 1,246.00 G 1 Bid Support Answer contractor's questions during bidding 1 2 2 Pre-bid meeting 3 1 4 548.00 20.00 568.00 568.00 0.00 0.00 568.00 3 Up to 2 addenda 1 1 2 4 541.00 20.00 561.00 581.00 200.00 200.00 20.00 781.00 Total 5 5 0 11 1,435.00 60.00 1,495.00 1,595.00 1,000.00 1,000.00 100.00 2,595.00 Total . 128 212 5 370 45,401.00 1,020.00 46,421.00 47,962.10 15,411.00 15,411.00 1,541.10 63,373.10 Chinook Wind Fee -schedule 09113-2021FINALCNmok wime 9/7/2021 Fee Proposal 132 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September27, 2021 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency CouncilmembersPresent:Verna Seal, Chair, De'Sean Quinn, Thomas McLeod Staff Present: David Cline, Hari Ponnekanti, Brittany Robinson, Mike Perfetti, Seong Kim, Mike Ronda, Adib Altillal Chair Seal called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Flood Damage & Repairs Staff is seeking Council approval of a FEMA Public Assistance Grant in the amount of $112,500 to help pay for Tukwila Urban Center Pedestrian Bridge repairs and damage caused by flooding. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. B. Consultant Agreement: Future Sewer Lift Station 13 Feasibility Study Staff is seeking Council approval of a contract with Gray & Osborne, Inc. in the amount of $41,700 for a feasibility study for the Future Sewer Lift Station No. 13. Project costs are within budget and funded by the sewer enterprise fund. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. C. Grant Agreement: Gilliam Creek Fish Barrier Removal Staff is seeking Council approval of a Cooperative Watershed Management grant agreement with King County in the amount of $200,000 for the Gilliam Creek Fish Barrier Removal Project. Councilmember Quinn noted that this is a King County Flood Control District program. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. D. Consultant Agreement: Chinook Wind Public Access Staff is seeking Council approval of a contract with J.A. Brennan Associates, LLC in the amount not to exceed $63,373 for design of the Chinook Wind Public Access project, which will create off -channel habitat and a public trail. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. 133 134 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/04/21 JR ITEM INFORMATION ITEM No. 6.1. 135 STAFF SPONSOR: MIKE PERFETTI ORIGINAL AGENDA DATE: 10/4/21 AGENDA ITEM TITLE Surface Water Fund - Gilliam Creek Fish Barrier Removal Acceptance of King County CWM grant CATEGORY ❑ Discussion Altg Date Motion Date 10/04/21 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Meg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council Mayor HR DCD Finance Fire TS P&R ❑Police 11 PW ❑Court SPONSOR'S The primary goal of this project is to restore, maintain or improve flood protection more SUMMARY suitable for fish passage. WRIA 9 approved funding for this project within its High Priority Capital Projects Implementation Fund and its 2021 funding package. The CWM grant agreement states that the City will leverage $161,000, which will be accomplished through other CWM funds and City surface water revenue. Council is being asked to authorize the mayor to sign the CWM grant agreement for the Gilliam Creek Fish Barrier Removal Project. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: VERNA SEAL ❑ LTAC DATE: 09/27/21 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $161,000 $936,000 $0.00 Fund Source: SURFACE WATER Comments: 2021 CIP, Page 85 MTG. DATE RECORD OF COUNCIL ACTION 10/4/21 MTG. DATE ATTACHMENTS 10/4/21 Informational Memorandum dated 09/24/21 2021 CIP, Page 85 CWM Project Agreement Minutes from Transportation and Infrastructure Committee meeting of 09/27/21 135 136 City of Tukwila Ailarr Ekberg, Mayor Pabk Works 0 'partrnerit - Harr Pcrrnekantr, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Mike Perfetti, Habitat Project Manager CC: Mayor Ekberg DATE: September 24, 2021 SUBJECT: Surface Water Fund - Gilliam Creek Fish Barrier Removal Project No. 99830105 Acceptance of King County CWM grant ISSUE Authorize the Mayor to sign a Cooperative Watershed Management (CWM) grant agreement with King County. BACKGROUND The primary goals of this project are to restore fish passage between Gilliam Creek and the Green River, restore salmon habitat, and maintain or improve flood protection. The 108" flapgate would be removed and replaced with flood protection more suitable to fish passage. DISCUSSION In May 2021, WRIA 9 approved funding for this project within its High Priority Capital Projects Implementation Fund and its 2021 funding package. CWM funds are distributed annually to each WRIA in the County to support salmon recovery. This funding will be used to support preliminary design, stakeholder involvement and design development. FISCAL IMPACT The City has $1,937,000 earmarked for design in the Capital Improvement Program, including $561,000 in surface water funds through 2023. While there is no match requirement, the CWM grant agreement states that the City will leverage $161,000, which will be accomplished through other CWM funds and City surface water revenue. Grant Award Leverage 2021 Design Budget CWM $200,000 $936,000 CWM-2020 $100,000 City revenue 61,000 Total $200,000 $161,000 RECOMMENDATION Council is being asked to authorize the mayor to sign the CWM grant agreement for the Gilliam Creek Fish Barrier Removal Project and consider this item on the Consent Agenda at the October 4, 2021 Regular Meeting. Attachments: 2021 CIP, Page 85 CWM Project Agreement: Riverton Creek Flap Gate Removal 137 138 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 Gilliam Creek Fish Barrier Removal Project No. 99830105 Construct fish passage improvements at existing flap gate and restore salmonid habitat; replace flap gate which may include a self-regulating tide gate or flood wall. Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and City; WRIA 9 salmon habitat project. Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage and to address potential flooding. Likely a shift in maintenance commitments with potential elimination of flapgate maintenance. In 2020, SRFB listed as Project of Concern, WRIA pulling funding from this cycle; BA Fish Barrier Board - scored 63 of 94; outcomes yet to be determined; $100K allocated in CWM via WRIA 9. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Project Locations H>ra�__ ®I sR rlig ri Design 60 936 536 405 : 41 }A ' 1,937 Land (R/W) 111 11111174, I 0 Monitoring A t- i4P5WW:425":1"' :.4.. -. MINIFININI VIUMPANI 8 YSp 5t II ri�4 0 Const. Mgmt. 7 . i VANN alp 1 \ 1,;" 752 400 1152 Construction •p Tukwila-' 5,200 2,000 7,200 TOTAL EXPENSES 60 0 936 536 405 5,952 2,400 0 0 10,289 FUND SOURCES Awarded Grant 0 Proposed Grant 708 350 258 4,760 1,000 7,076 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 60 0 228 186 147 1,192 1,400 0 0 3,213 TOTAL SOURCES 60 0 936 536 405 5,952 2400 0 0 10,289 2021 - 2026 Capital Improvement Program 85 139 Project Locations H>ra�__ ®I sR rlig ri - b ►�, w . ti 'Oli11 XII : 41 }A ' 14 111 11111174, I A t- i4P5WW:425":1"' :.4.. -. MINIFININI VIUMPANI 8 YSp 5t II ri�4 st °: 7 . i VANN alp 1 \ 1,;" •p Tukwila-' sieost 4 ii 2021 - 2026 Capital Improvement Program 85 139 140 Project Name: Gilliam Creek Fish Barrier Removal Number: 4.9.21.024 AGREEMENT FOR AWARD OF COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS BETWEEN THE CITY OF TUKWILA AND KING COUNTY This Agreement is made between King County, a municipal corporation, and the City of Tukwila ("Recipient"), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to September 30, 2024. Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079, Kim.harper@kingcounty.gov. Primary Contact for Recipient: Mike Perfetti, Habitat Project Manager, 206-550-4930, Mike.perfetti@tukwilawa.gov. 1.1 SECTION 1. RECITALS Whereas, the King County Flood Control District ("District") is a quasi -municipal corporation of the State of Washington, authorized to provide funding for cooperative watershed management arrangements and actions for purposes of water quality, water resource, and habitat protection and management; 1.2 Whereas King County is the service provider to the District under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the District's annual work program and budget; 1.3 Whereas, the Board of Supervisors of the District (the "Board"), the District's governing body, passed Resolution FCD 2020-22 on November 4, 2020, authorizing the King County executive or his designee to develop and administer a grant award program of up to $9,762,382 in 2021 for water quality, water resources and habitat restoration and management projects and activities in King County, provided that the project list is approved by the Board; 1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service provider to the District, King County has established a grant award program, called the Cooperative Watershed Management Award Program, to fund water quality, water resources and habitat restoration and management projects and activities; 1.5 Whereas, the Recipient submitted an application to its respective WRIA forum or committee for the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and that body has recommended the Project for funding under the Cooperative Watershed Management Grant Program in accordance with King County's Cooperative Watershed Management Grant Program Policies and Procedures, a copy of which has been furnished by King County to the Recipient and which are incorporated herein by this reference ("Grant Policies and Procedures"); Page 1 of 6 141 Project Name: Gilliam Creek Fish Barrier Removal Number: 4.9.21.024 1.6 Whereas the District's Board of Supervisors has received a list of proposed projects that includes the Project, and the Board of Supervisors, in Resolution FCD2021-07, has approved the Project for funding up to the amount of $200,000; 1.7 Whereas King County has received a Scope of Work and a Budget for the Project from the Recipient and has determined that the Scope of Work, attached hereto and incorporated herein as Exhibit B ("Scope of Work"), and the Budget, attached hereto and incorporated herein as Exhibit C ("Budget Summary"), are consistent with the Grant Policies and Procedures; 1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with the Policies and Procedures, and the Recipient will implement the Project. SECTION 2. AGREEMENT 2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2. King County agrees to award the Recipient an award in the total amount of $200,000 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project. King County shall pay the Recipient in accordance with the Grant Policies and Procedures. 2.3. The Recipient represents and warrants that it will only use the Award for the Scope of Work of this Agreement and in accordance with the Project Budget. The Recipient shall be required to refund to King County that portion of the Award which is used for work or tasks not included in the Scope of Work. Further, the Recipient agrees that King County may retain any portion of the Award that is not expended or remains after completion of the Scope of Work and issuance of the Final Report, as further described below. 2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by Recipient as being within the scopes of numbers 2) and 3) below, and have been approved by King County as being within such scopes; 2) The activities are specified in the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the Scope of Work and are authorized by the Award as identified in the Budget of this Agreement; 4) such activities and expenses otherwise comply with all other terms of this Agreement; and 5) such activities and expenses do not occur prior to the date the grants were approved by the District and reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report form for those documented and allowable expenses identified in the Budgets and according to the rules set forth in the Grant Policies and Procedures. Blank forms shall be provided to the Recipient by King County upon Page 2 of 6 142 Project Name: Gilliam Creek Fish Barrier Removal Number: 4.9.21.024 execution of this Agreement. Progress reports for each project (with or without requests for payment) shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months after the aforementioned date. A Progress Report form shall be submitted with all payment requests. A one-time advance may be allowed, in the discretion of King County, for expenses anticipated to be incurred in the three months following the date of submission of the advance Request for Payment only for work that is included in the Scope of Work of this Agreement, and identified as such in the Request for Payment. The amount of the advance may not exceed 25% of the total award amount. Documentation of payments made from advances shall be submitted to King County prior to any further requests for payment. 2.6. The Recipient shall be required to submit to King County a final report which documents the Recipient's completion of the work in conformance with the terms of this Agreement within thirty (30) days after the completion of the work. The final report may be submitted on the Close-out Report form unless a more detailed final report is specified in the scope of work. A blank Close-out Report form shall be provided to the Recipient by King County upon execution of this Agreement. The final report shall include a summary of the Project's successes and shall address the watershed benefits accomplished by the work. 2.7. The Recipient's expenditures of Award funds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King County with respect to the manner in which Project expenditures are tracked and accounted for in the Recipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles as further described in Section 2.8 below, and to meet the requirements of all applicable state and federal laws. 2.8. The Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS") or Generally Accepted Accounting Principles set forth by the Financial Accounting Standards Board or by the Governmental Accounting Standards Board. 2.9. King County or its representative, and the District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. The Recipient shall cooperate with King County and the District in any such audit. 2.10. The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established by the Washington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources, and which is in compliance with local, state and federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. Page 3 of 6 143 Project Name: Gilliam Creek Fish Barrier Removal Number: 4.9.21.024 2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the District, their elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property arising out of any acts or omissions of the Recipient, its employees, agents, contractors or subcontractors in performing its obligations under the terms of this Agreement. 2.13. The Recipient agrees to acknowledge the District as a source of funding, and the WRIA as a funding partner, for the Project on all printed, online, and electronic documents; signage or press releases; audio-visual materials; or any other materials produced in association with the Project. Grant recipients shall submit documentation of acknowledgement activities with their final reporting documents. SECTION 3. GENERAL PROVISIONS 3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 3.2. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3. No amendment to this Agreement shall be binding on any of the parties unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4. Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5. The Project shall be completed by no later than September 30, 2024. In the event that the Project is not completed by this date, King County has the discretion, but not the obligation to terminate this Agreement and retain any unexpended Award funds. 3.6. This Agreement may be signed in multiple counterparts. 3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable under applicable law, such provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of this Agreement, and the remaining provisions of this Agreement shall continue to be in effect. Page 4 of 6 144 Project Name: Gilliam Creek Fish Barrier Removal Number: 4.9.21.024 3.8. The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the King County Council, King County's obligations are contingent upon the appropriation of sufficient funds by the King County Council to complete the Scope of Work. If no such appropriation is made, this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. KING COUNTY: RECIPIENT: By By Name Name Title Title Date Date Page 5 of 6 145 Project Name: Gilliam Creek Fish Barrier Removal EXHIBIT A: PROJECT DESCRIPTION Number: 4.9.21.024 Project Recipient Description Leverage Award Gilliam Creek Fish Barrier Removal City of Tukwila The Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project will create fish passage between Gilliam Creek and the Green River in Tukwila. Gilliam Creek is mostly inaccessible to aquatic species due to the presence of a 1960s era 108" -diameter flapgate at the outlet of a 207 -foot long culvert beneath 66th Ave. S. $161,000 $200,000 Project Location: The project is located in the lower Green River subwatershed at RM 12.5 on the left bank. This is the confluence with Gilliam Creek, lying in the highly developed Southcenter area of Tukwila. The project will improve the following habitats; mainstem edge, confluence and tributary. Within the Green-Duwamish watershed, this project is located within the lower Green River, upstream of the salt wedge, but still tidally influenced. The lower Green river watershed is characterized by its levee -restricted banks and massive warehousing district. The primary limiting factor for Chinook salmon recovery in the lower Green is rearing habitat. The site has a narrow buffer of mixed vegetation, with a mature cottonwood canopy; there are two local road stormwater outlets in the project area. EXHIBIT B: SCOPE OF WORK Task Title Task Description (Include Activities and Deliverables) Estimated Percent of Total Budget Month/Year Task will be Completed Task 1: Project Administration (Required) Submit reimbursement request forms, backup documentation for billing, and progress reports at least every 6 months. Submit a Fiscal Closeout form and a Closeout Report form with the final reimbursement request. 1% October 2023 Task 2: Site survey and investigations 14% March 2022 Task 3: Stakeholder Coordination 15% October 2023 Task 4: Preferred Alternative 10% July 2022 Task 5: Design Development 60% October 2023 EXHIBIT C: BUDGET SUMMARY Budget Item Grant Request Staffing $1,325 Commercial Services & Crew Time $198,675 TOTAL $200,000 Page 6 of 6 146 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September27, 2021 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency CouncilmembersPresent:Verna Seal, Chair, De'Sean Quinn, Thomas McLeod Staff Present: David Cline, Hari Ponnekanti, Brittany Robinson, Mike Perfetti, Seong Kim, Mike Ronda, Adib Altillal Chair Seal called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Flood Damage & Repairs Staff is seeking Council approval of a FEMA Public Assistance Grant in the amount of $112,500 to help pay for Tukwila Urban Center Pedestrian Bridge repairs and damage caused by flooding. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. B. Consultant Agreement: Future Sewer Lift Station 13 Feasibility Study Staff is seeking Council approval of a contract with Gray & Osborne, Inc. in the amount of $41,700 for a feasibility study for the Future Sewer Lift Station No. 13. Project costs are within budget and funded by the sewer enterprise fund. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. C. Grant Agreement: Gilliam Creek Fish Barrier Removal Staff is seeking Council approval of a Cooperative Watershed Management grant agreement with King County in the amount of $200,000 for the Gilliam Creek Fish Barrier Removal Project. Councilmember Quinn noted that this is a King County Flood Control District program. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. D. Consultant Agreement: Chinook Wind Public Access Staff is seeking Council approval of a contract with J.A. Brennan Associates, LLC in the amount not to exceed $63,373 for design of the Chinook Wind Public Access project, which will create off -channel habitat and a public trail. Committee Recommendation Unanimous approval. Forward to October 4, 2021 Regular Consent Agenda. 147 148 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Council review 10/04/21 RB ITEM INFORMATION ITEM No. 7.A. 149 STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 10/04/21 AGENDA ITEM TITLE A weekly update on the City's planning and response to COVID-19 (Coronavirus) CATEGORY 11 Discussion 10/04/21 ❑ Motion Meg Date ❑ Resolution Meg Date ❑ Ordinance Meg Date ❑ Bid Award Meg Date ❑ Public Hearing Meg Date ❑ Other Mtg Date Mtg Date SPONSOR n Council 11 Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ Pr SPONSOR'S The City is actively engaged in regional efforts to address the coronavirus (COVID-19). SUMMARY Staff are providing the Council with updated information regarding the City's response to COVID-19. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Corn ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE N/A N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/04/21 Coronavirus Report 149 150 CORONAVIRUS RESPONSE UPDATE October 4, 2021 * Denotes All New Content in the Section ESSENTIAL SERVICES AND CITY OPERATIONS * Essential Services & City Operations In order to have consistency across public -facing activitues at the City Hall campus, beginning October 4, 2021 the permit counter, City Hall and human services in-person office hours will all be Mondays and Wednesdays from 8:30 to noon. All services remain available remotely. Masks are required at all times in City facilities. City staff that are able are encouraged to work remotely until January 3, 2022. Total in-person customer volume for the weeks of September 13, 2021: • Permit Counter: 6 • City Hall: 2 • Human Services: 0 * Human Services Human Services staff assisted four households (six individuals). One Maple Crest household (2+ individuals) was assisted with first month's rent ($1,340). Total allocated was $4,640 ($900 in utility assistance). The least amount of rent owed was $1,300 the highest amount owing was $10,000). The EPRAP program for COVID- related rental assistance continues to serve Tukwila residents. Staff has received confirmation from some large landlords in Tukwila that have been recipients of EPRAP funding directly. Staff currently has ten additional households in various stages of the intake process. Residents and landlords who applied for the EPRAP program can check their status by going to: https://kingcounty.gov/depts/community-human-services/COVID/eviction-prevention-rent-assistance Source Households Assisted/Ind Funding Breakdown General Fund Contracted Rent: $ Partners 1/1 Utility: $900 Covid Rental & Utility Assistance Rent: $3,740 (includes 1 Maple Crest household) 3/5 Utility: $ Sewer/Water HB 1406 Rental Assistance Information from the community on total past due rent amount / $ $500-$1,200 = 1 $1,250-$3,500 = 6 $3,600-$4,000 = 4 Over $4,000 = 1 * Fire Staffing and Calls for Service There have been no changes to Fire staffing since the last report. 151 * Police Staffing and Calls for Service There have been no changes to Police staffing since the last report. * Business Recovery Business Re -Openings and Closings Washington's economy is open. Nearly all businesses and public spaces including restaurants, stores, offices, theaters, outdoor events, and other places can operate at full capacity with no physical distancing requirements. The Delta variant continues to spread rapidly. COVID-19 cases and hospitalizations have declined in the past couple of weeks but are still much higher than they were this past June and July. On August 18th Governor Inslee announced a vaccine requirement for employees working in K-12, most childcare and early learning, and higher education. The vaccination requirement also applies to workers of State agencies. On September 9th President Biden announced that the Federal government will require businesses with over 100 employees to require employees to be vaccinated or get regular testing. Businesses are waiting for implementation guidance from OSHA and/or State L8,1. On September 16th King County announced a new vaccine verification requirement. Starting on October 25th people will be required to show proof of full vaccination to enter public places such as outdoor events with 500 or more people, indoor recreational activities of any size such as restaurants, bars, performances, theaters, conferences, gyms, and professional sports. The requirement starts for small bars and restaurants (seating capacity of 12 or fewer) on December 6. Outdoor dining, grocery stores, and take-out are exempt. Unvaccinated people can still attend by showing proof of a negative COVID-19 test. People do not have to show identification when showing proof of vaccination. An expanded statewide mask mandate took effect on August 23rd, every person (including customers and employees) is required to wear masks when indoors with someone from outside their household, however, there are exceptions. For example, the requirement does not apply to people who are working indoors by themselves or are vaccinated and only working with other employees. Businesses can adopt more stringent requirements. Under the Governor's Proclamation 20-25.15 businesses are prohibited from allowing customers to enter or remain in an indoor space in a business unless the customer is wearing a face mask. On September 9, the Governor announced that starting on September 13th masks will also be required (for both vaccinated and unvaccinated) for outdoor events with 500 or more attendees. Business Assistance There are some government funding programs still accepting applications including the Economic Injury Disaster Loan (EIDL) program and the Small Business Flex Fund. The programs offer low interest loans to small businesses. Through EIDL some small businesses may be eligible for grants up to $15,000. We anticipate that later this year the State will implement a $50 million fifth round of the Working Washington small business grant program. The State is also significantly limiting increases in unemployment insurance costs for businesses. King County is distributing $145 million of federal funds for residential rental assistance and eviction prevention to tenants and landlords through their Eviction Prevention and Rental Assistance Program (EPRAP). Unemployment 152 The unemployment claims data report will be included monthly and was included in the packet of the September 27, 2021 Council meeting. On March 1 1, 2021 the President signed the $1.9 trillion American Rescue Plan Act. The law extended Pandemic Emergency Unemployment Compensation (PEUC), which is for workers who have exhausted all other benefits, plus the Pandemic Unemployment Assistance (PUA), which benefits people who do not qualify for regular unemployment such as self-employed people and independent contractor, for an additional 29 weeks. It also extended the Federal Pandemic Unemployment Compensation (FPUC) which provided an extra $300 per week for eligible claimants who are receiving benefits from any unemployment program. Those expanded Federal benefits ended the week of September 4t" MEETING THE COMMUNITY'S BASIC NEEDS * Food Resources and Distribution Senior Meals, number of meals distributed. Week of 9/13. Tukwila Pantry Duwamish Curb Cafe 25 Meals on Wheels 153 9/23 258 9/25 231 9/28 276 153 L.41 King County COVID-19 UPDATES * Covid-19 Tukwila Overview Public Health - Seattle & King County COVID-19 Outbreak Summary Update date 9/29/2021 8:19 AM Click on the icons to explore this dashboard: Overview Demographics Geography Geography over time Select city to compare: Count New since last updated Summary of counts for Tukwila Overall Percent Rate per 100,000 Compared to King residents County rate Past 14 days Count Percent Positives 2,468 11 6.8% of all tests 12,220.2 Confirmed 2,408 11 11,923.2 Probable 60 0 297.1 Hospitalizations 118 0 4.8% of all positive cases 584.3 Deaths due to 21 1 0.9% of all positive cases 104.0 COVID-19 illness All PCR test results 35,482 I 175,688.3 • People tested by 13,663 67,652.0 PCR Legend: Lower than overall King County rate • Similar to overall King County rate *Mobile Vaccination Team 66.00 65.0 1.0 4.0 6.1% 2.0 3.0% . 627.0 • 65.0 . Higher than overall King County rate The Tukwila Fire Department' Mobile Vaccine Team (MVT) is investigating how it can support vaccinations in the schools. * Vaccine Update & Locations There are many ways for community members to access the vaccine at no cost. Multiple appointments are available at sites in the area, as well as private opportunities. Visit vaccinelocator.doh.wa.gov for location and appointment opportunities. Free COVID-19 vaccinations are offered at pop-up clinics at the Tukwila Village Farmers Market and Westfield Southcenter. Appointments and proof of residency are not required. The Tukwila Village pop-up provides free $50 gift cards to Fred Meyer. More info at: https://experiencetukwila.com/event/tukwila-covid-19-vaccination-clinics/ Vaccinations in King County as of September 29, 2021: • 1 dose: 1,683,423 or 86.2% • 2 does: 1,566,475 or 80.2% Below is a zip code map of vaccinations as of September 29, 2021 (percentage of population 12+ with at least one dose) in King County, with Tukwila's two zip codes highlighted: 154 • 98168: 84.7% • 98188: 89.6% Map of KC residents who have at least one dose among ages 12+ years old © 2021 Mapbox © OpenStreetMap Below is a chart of vaccinations by region in King County. Note that South King County has a lower vaccination rate than many other areas in the county. Table of all KC residents who have at least one dose by age group and regions Overall 4 Regions 10 Regions King County East North Seattle South Kirkland, Redmond, Bothell, and N Seattle and Shoreline Central Seattle W Seattle, S Seattle, Delridge and Highline Burien, Renton, Tukwila and Seatac Auburn, Kent, and Federal Way South East King County Bellevue, Issaquah and Mercer Island East King County Vashon Island 12+ years 12-19 years 20-29 years 30-39 years 40-49 years 50-59 years 60-69 years 70-79 years 80+ years old old old old old old old old old 86.2% 74.7% 73.5% 81.6% 90.1% 92.9% >95% >95% >95% 93% 89.2% 83.8% 79.8% >95% 75.4% 72.7% 58.8% 843% 77.7% 71.2% 66.4% 80.4% 90.4% 86.7% 723% >95% 94.8% 91.4% 79.1% >95% 84.2% 90.2% 89.0% 94.6% >95% 84.7% >95% >95% >95% >95% >95% >95% >95% 89.9% >95% 90.2% 84.7% 813% 90.2% 83.7% 775% 77.1% 94.0% 93.8% >95% 89.2% 72% 69.6% 79% 67.4% 55.0% 55.0% >95% >95% 85.7% 73.0% 68.6% 74.2% 75% 66.9% 63.2% 70.7% 91% 933% >95% 86.2% 845% 89.9% 88.7% 77% 70.0% 68.8% 86.2% 675% >95% >95% >95% 833% >95% 89.9% 763% 70.2% >95% 935% 82.6% 92.6% 88.2% 843% >95% 94.2% 90.7% 81.6% >95% >95% 755% 92% 92.9% 72.8% >95% >95% >95% >95% 905% >95% 94.6% >95% >95% 91.6% >95% 943% >95% >95% 875% >95% >95% >95% 91.2% 89.7% 85.5% >95% >95% >95% >95% >95% >95% * COVID-19 Testing The following are the number of individuals tested over the past week at the Church by the Side of the Road. This is a regional testing facility drawing individuals from across south King County. All testing locations in the region are seeing a significant surge in the number of people requesting tests. King County has contracted with off-duty officers to provide traffic management along Tukwila International Boulevard and Military Road to mitigate traffic impacts in the neighborhood. 155 9/28 - 626 individuals tested 9/27 - 749 individuals tested 9/26 - closed 9/25 - 400 individuals tested 9/24 - 499 individuals tested 9/23 - 609 individuals tested 9/22 - 584 individuals tested 156 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/27/21 NG 10/4/21 NG ITEM INFORMATION ITEM No. 7.B. STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 9/27/21 AGENDA ITEM TITLE Zoning Code Amendments for Small Wireless Facilities CATEGORY ❑ Discussion Mtg Date Motion Mfg Date U Resolution Mtg Date ® Ordinance Alts Date 10/4/21 Bid Award Altg Date ® Public Hearing ❑ Other Mtg Date 9/27/21 Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&'R ❑ Police ❑ PlC SPONSOR'S SUMMARY The Federal Communications Commission hasadopted new regulations regarding local municipalities'authority to regulate small wireless communications facilities. The City needs to update its municipal code to address these changes.Tukwila's interim regulations for small wireless facilities will expire on October 12, 2021 and are proposed to be replaced with an update to TMC 18.58 Wireless Communications Facilities. The Council is being asked to consider and approve the proposed ordinance. REVIEWED BY Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 9/13/21 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/27/21 Forwarded to next Regular Meeting 10/4/21 MTG. DATE ATTACHMENTS 9/27/21 Informational Memorandum dated 9/7/21 A. Ordinance in Draft Form B. Table of Public Comments PowerPoint Minutes from the Transportation and Infrastructure Committee meeting of 9/13/21 10/4/21 Ordinance (in strike-thru underline format after 9/27/21 C.O.W.) 157 158 NOTE: Shaded text (see page 24) denotes a change made after the Committee of the Whole meeting on September 27, 2021. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2652, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 23.04, "SMALL WIRELESS COMMUNICATION FACILITIES"; REPEALING ORDINANCE NO. 2498, AS CODIFIED IN TMC CHAPTERS 18.06 AND 18.58; REPEALING ORDINANCE NO. 2251 §71 AND §72, AS CODIFIED IN TMC CHAPTER 18.58, "WIRELESS COMMUNICATION FACILITIES"; REPEALING ORDINANCE NO. 2135 §2 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TMC CHAPTER 18.06, `DEFINITIONS"; AMENDING ORDINANCE NO. 2251 §68, §69, AND §70, AS CODIFIED IN TMC CHAPTER 18.58; AMENDING ORDINANCE NO. 2135 §1 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TMC CHAPTER 18.58; AUTHORIZING AND ESTABLISHING PERMITTING REGULATIONS AND AESTHETIC AND DESIGN STANDARDS FOR THE DEPLOYMENT OF SMALL WIRELESS FACILITIES; ADOPTING SUPPORTIVE FINDINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in a constantly evolving industry, telecommunications providers are beginning to utilize a new type of technology commonly known as "small cell" facilities herein ("small wireless facilities") to implement higher bandwidths and increased demands for data; and WHEREAS, the Federal Communications Commission ("FCC") has issued rules and regulations that limit local government's ability to regulate the deployment of small wireless facilities, but which allow local governments to adopt regulations affecting the aesthetics and design standards for small wireless facilities; and WHEREAS, the FCC allows the City of Tukwila ("City") to adopt aesthetic standards for deployment of small wireless facilities that will require utilization of a consolidated process emphasizing administrative review in order to comply with federal safe harbors or presumptively reasonable time limits for review; and CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 1 of 36 159 WHEREAS, Chapter 23.04 of the Tukwila Municipal Code ("TMC") was added to TMC Title 23 pursuant to Ordinance No. 2652 and established initial regulations related to wireless facilities; and WHEREAS, the City has evaluated its existing wireless facilities regulations in Chapter 18.58 of the TMC and determined that changes are needed to address compliance with FCC regulations; and WHEREAS, the City desires to update the existing TMC Chapter 18.58 with new regulations that: (1) reaffirms the land use and zoning regulations for major wireless facilities; (2) clarifies the application and review process for major wireless facilities; (3) adopts land use and zoning regulations and design standards for small wireless facilities; (4) sets forth the application and approval process for small wireless facilities; and (5) updates regulations related to eligible facilities requests as prescribed by federal rules and regulations; and WHEREAS, upon timely notice, the City undertook a State Environmental Policy Act (SEPA) review of these wireless communication regulations and issued a SEPA Determination of Non -Significance for this non -project action on August 5, 2021; and WHEREAS, the Washington State Department of Commerce was provided a Notice of Intent to Adopt the proposed regulations and the City received no comments on the same; and WHEREAS, the proposed regulations went before the City of Tukwila Planning Commission for review, discussion, and consideration. Upon timely notice, a public hearing was held before the Planning Commission on August 26, 2021, and subsequently the Planning Commission issued a recommendation that the City Council adopt the regulations as presented herein; and WHEREAS, the City Council held a public hearing on September 27, 2021, to review the Planning Commission recommended draft ordinance; and WHEREAS, based on careful consideration of the facts and law, including without limitation the public testimony received, the Planning Commission's recommendation dated August 26, 2021, the Staff Report dated September 7, 2021, and records and files with the office of the Department of Community Development, the Tukwila City Council finds that the proposed amendments attached and incorporated herein should be approved as presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Purpose. The purpose of this ordinance is to establish permitting and aesthetic requirements and revisions for wireless communication facilities to be codified in the Tukwila Municipal Code in response to the enactment of new regulations by the FCC. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 2 of 36 160 Section 2. Findings of Fact. The Tukwila City Council hereby adopts and incorporates the recitals set forth above as Findings of Fact justifying the development regulations adopted by this ordinance. Section 3. Repealer. Ordinance Nos. 2652 and 2498 are hereby repealed. Section 4. Repealer. Ordinance No. 2251 §71 and §72, as codified in TMC Chapter 18.58, "Wireless Communication Facilities." is hereby repealed. Section 5. Repealer. Ordinance No. 2135 §2 (part), as codified in the following sections of TMC Chapter 18.06, "Definitions." is hereby repealed. TMC Section 18.06.039, "Ancillary Wireless Communication Facilities" TMC Section 18.06.040, "Ancillary Wireless Communication Facility" TMC Section 18.06.041, "Antenna(s)" TMC Section 18.06.042, "Antenna(s) Array" TMC Section 18.06.043, "Antennas(s), Flush Mounted" TMC Section 18.06.659, "Public Safety Communications Equipment" TMC Section 18.06.773, "Significant Gap in Service, Wireless Communications" TMC Section 18.06.823, "Tower, Electrical Transmission" TMC Section 18.06.824, "Tower, Guy" TMC Section 18.06.825, "Tower, Lattice" TMC Section 18.06.826, "Tower, Monopole" TMC Section 18.06.827, "Tower, Wireless Communication Facility" TMC Section 18.06.828, "Tower Mounted Facilities" TMC Section 18.06.902, "Utility Pole" TMC Section 18.06.936, "Wireless Communication Facility" TMC Section 18.06.937, "Wireless Communication Facility, Building Mounted" TMC Section 18.06.938, "Wireless Communication Facility, Concealed Facility" TMC Section 18.06.939, "Wireless Communication Facility Equipment Enclosure" TMC Section 18.06.940, "Wireless Communication Facility Equipment Compound" TMC Section 18.06.941, "Wireless Communication Facility, Feed Lines or Coaxial Cables" TMC Section 18.06.943, "Wireless Telecommunication Carrier" CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 3 of 36 161 Section 6. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.010, "Purpose," is hereby amended to read as follows: 18.58.010 Purpose A. The purpose of this Chapter, in addition to implementing the general purposes of the Comprehensive Plan and development regulations, is to regulate the permitting, placement, construction, and modification of wireless communication facilities, in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. The purpose of this Chapter will be achieved through adherence to the following objectives: 1. Establish clear and nondiscriminatory local regulations concerning telecommunications providers and services that are consistent with Federal and State laws and regulations pertaining to telecommunications providers; 2. Protect residential areas and land uses from potential adverse impacts that wireless communication facilities might create, including but not limited to impacts on aesthetics, environmentally sensitive areas, historically significant locations, and flight corridors; 3. Minimize potential adverse visual, aesthetic, and safety impacts of wireless communication facilities; 4. Establish objective standards for the placement of wireless communications facilities; 5. Ensure that such standards allow competition and do not unreasonably discriminate among providers of functionally equivalent services; 6. Encourage the location or attachment of multiple facilities within or on existing structures to help minimize the total number and impact of such facilities throughout the community; 7. Require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites and suitable structures to the greatest extent possible, in order to reduce cumulative negative impact upon the City; 8. Encourage wireless communication facilities to be configured in a way that minimizes the adverse visual impact of the wireless communication facilities, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options and camouflaging techniques, and through assessment of the carrier's service objective, current location options, siting, future available locations, and innovative siting techniques; 9. Enhance the ability of the wireless communications facility providers to provide such services to the community quickly, effectively and efficiently; CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 4 of 36 162 10. Provide for the removal of wireless communication facilities that are abandoned or no longer inspected for safety concerns and Building Code compliance, and provide a mechanism for the City to cause these abandoned wireless communication facilities to be removed, to protect the citizens from imminent harm and danger. B. In furtherance of these objectives, the City shall give due consideration to the Comprehensive Land Use Plan, zoning code, existing land uses, and environmentally sensitive areas in approving sites for the location of communication towers and antennas. C. These objectives were developed to protect the public health, safety and welfare, to protect property values, and to minimize visual impact, while furthering the development of enhanced telecommunication services in the City. The provisions of this Chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This Chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services or to prohibit or have the effect of prohibiting wireless service within the City. D. To the extent that any provision of this Chapter is inconsistent or conflicts with any other City ordinance, this Chapter shall control. Otherwise, this Chapter shall be construed consistently with the other provisions and regulations of the City. Section 7. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.020, "Authority and Application," is hereby amended to read as follows: 18.58.020 Authority and Application The provisions of this Chapter shall apply to the placement, construction or modification of all wireless communication facilities, except as specifically exempted in TMC Section 18.58.030. Any person who desires to locate a wireless communication facility inside or outside the right-of-way, which is not specifically exempted by TMC Section 18.58.030, shall comply with the applicable application permitting requirements, and design and aesthetic regulations described in this Chapter. In addition, applicants for wireless communication facilities inside the City's right-of-way must also obtain a franchise pursuant to TMC Chapter 11.32. Section 8. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.030, "Exemptions" is hereby amended to read as follows: 18.58.030 Exemptions The provisions of this Chapter shall not apply to the following: 1. Routine maintenance and repair of wireless communication facilities (excluding structural work or changes in height or dimensions of support structures or buildings); provided that the wireless communication facilities received approval from the City for the original placement and construction and provided further that compliance with CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 5 of 36 163 the standards of this code is maintained and right -of -use permit obtained if the wireless communication facility is located in the right-of-way. 2. Changing or adding additional antennas within a previously permitted concealed building -mounted installation is exempt provided there is no visible change from the outside. 3. Bird exclusionary devices. 4. Additional ground equipment placed within an approved equipment enclosure, provided the height of the equipment does not extend above the screening fence. 5. An antenna that is designed to receive or send direct broadcast satellite service and/or broadband signals, or other means for providing internet service including direct -to -home satellite services, and that is 1 meter or less in diameter or diagonal measurement, and when the antenna is attached to the residence or business that is utilizing the service. 6. An antenna that is designed to receive video programming services via multipoint distribution services, including multi -channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is 1 meter or less in diameter or diagonal measurement. 7. An antenna that is designed to receive television broadcast signals. 8. Antennas for the receiving and sending of amateur radio devices or ham radios, provided that the antennas meet the height requirements of the applicable zoning district, and are owned and operated by a Federally -licensed amateur radio station operator or are used exclusively for receive -only antennas and provided further that compliance with the standards of this code is maintained. 9. Emergency communications equipment during a declared public emergency, when the equipment is owned and operated by an appropriate public entity. 10. Any wireless communication facility that is owned and operated by a government entity, for public safety radio systems, ham radio and business radio systems. 11. Antennas and related equipment no more than 3 feet in height that are being stored or displayed for sale. 12. Radar systems for military and civilian communication and navigation. 13. Automated meter reading ("AMR") facilities for collecting utility meter data for use in the sale of utility services, except for WIP and other antennas greater than two feet in length, so long as the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the City. 14. Eligible facilities requests. See TMC Section 18.58.090. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 6 of 36 164 Section 9. Regulations Established. A new TMC Section 18.58.040 is hereby established to read as follows: 18.58.040 Definitions For the purposes of this Chapter, the following terms shall have the meaning ascribed to them below. 1. "Antenna(s)" in the context of small wireless facilities and consistent with 47 CFR 1.1320(w) and 1.6002(b) means an apparatus designed for the purpose of emitting radiofrequency ("RF") radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless and any commingled information services. For the purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized by 47 CFR Title 15. 2. "Antenna equipment," consistent with 47 CFR 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and when collocated on a structure, are mounted or installed at the same time as the antenna. 3. "Applicant" means any person submitting an application for a wireless communication facility permit pursuant to this Chapter. 4. "Colocation" means: a. Mounting or installing an antenna facility on a preexisting structure; and/or b. Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. 5. "Director" means the Department of Community Development Director or designee. 6. "Equipment enclosure" means a facility, shelter, cabinet, or vault used to house and protect electronic or other associated equipment necessary for processing wireless communication signals. "Associated equipment" may include, for example, air conditioning, backup power supplies, and emergency generators. 7. "FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. 8. "Macro Facility" means a large wireless communication facility that provides radio frequency coverage for wireless services. Generally, macro facility antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro wireless communication facilities (WCF) typically contain antennas that are greater than three cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers. Macro facilities include but are not limited to monopoles, lattice towers, macro cells, roof - mounted and panel antennas, and other similar facilities. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 7 of 36 165 9. "Permittee" means a person who has applied for and received a wireless communication facility permit pursuant to this Chapter. 10. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. 11. "Person" includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals. 12. "Service provider" shall be defined in accord with RCW 35.99.010(6). "Service provider" shall include those infrastructure companies that provide telecommunications services or equipment to enable the construction of wireless communication facilities. 13. "Small wireless facility" shall be defined as provided in 47 CFR 1.6002(1). 14. "Stealth Technique" means stealth techniques specifically designated as such at the time of the original approval of the wireless communication facility for the purposes of rendering the appearance of the wireless communication facility as something fundamentally different than a wireless communication facility including, but not limited to, the use of nonreflective materials, appropriate colors, and/or a concealment canister. 15. "Structure" means a pole, tower, base station, or other building, whether or not it has an existing antenna equipment, that is used or to be used for the provision of personal wireless service (on its own or commingled with other types of services). 16. "Telecommunications service" shall be defined in accord with RCW 35.99.010(7). 17. "Tower" means any structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services, and fixed wireless services such as microwave backhaul and the associated site. 18. "Traffic signal pole" means any structure designed and used primarily for support of traffic signal displays and equipment, whether for vehicular or nonmotorized users. 19. "Transmission equipment" means equipment that facilitates transmission for any FCC -licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 20. "Unified enclosure" means a small wireless facility providing concealment of antennas and equipment within a single enclosure. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 8 of 36 166 21. "Utility pole" means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, or lighting for streets, parking lots, or pedestrian paths. 22. "Wireless communication facilities" or "WCF" means facilities used for personal wireless services. 23. "Wireline" means services provided using a physically tangible means of transmission including, without limitation, wire or cable, and the apparatus used for such transmission. Section 10. TMC Section 18.58.040 Amended and Recodified to TMC 18.58.050. Ordinance Nos. 2251 §68 and 2135 §1 (part), as codified at TMC Section 18.58.040, "Permits Required," are hereby amended to recodify this section as TMC Section 18.58.050, which shall read as follows: 18.58.050 General Provisions A. No person may place, construct or modify a wireless communication facility subject to this Chapter without first having in place a permit issued in accordance with this Chapter. Except as otherwise provided herein, the requirements of TMC Chapters 18.100, 18.104 and 18.108 do not apply to this TMC Chapter 18.58. B. Macro facilities, as defined in TMC Section 18.58.040, are allowed in zones consistent with TMC Section 18.58.060.F and require a macro facility permit pursuant to TMC Section 18.58.020. C. Small wireless facilities, as defined in TMC Section 18.58.040, are permitted uses throughout the City but still require a small wireless facility permit pursuant to TMC Section 18.58.020. Small wireless facilities located within the City's rights-of-way require a valid franchise. D. No provision of this Chapter shall be interpreted to allow the installation of a wireless communication facility to reduce the minimum parking or landscaping on a site. E. Applicants use various methodologies and analyses, including geographically - based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communication facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third party expert may be needed to review the engineering and technical data submitted by an applicant for a permit. The City may at its discretion require an engineering and technical review as part of a permitting process. The reasonable costs actually incurred by the City for such technical review shall be borne by the applicant, provided that the City provides to the applicant an itemized accounting of the costs actually charged by said third party reviewer and incurred by the City. F. Appeals. Appeals related to wireless communication facilities shall be filed in King County Superior Court or in a court of competent jurisdiction. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 9 of 36 167 G. Permit Revocation — Suspension — Denial. A permit issued under this Chapter may be revoked, suspended or denied for any one or more of the following reasons: 1. Failure to comply with any federal, state, or local laws or regulations. 2. Failure to comply with the terms and conditions imposed by the City on the issuance of a permit. 3. When the permit was procured by fraud, false representation, or omission of material facts. 4. Failure to comply with federal standards for RF emissions. Section 11. TMC Section 18.58.050 Amended and Recodified to TMC 18.58.060. Ordinance Nos. 2251 §69 and 2135 §1 (part), as codified at TMC Section 18.58.050, "Types of Permits — Priority — Restrictions," are hereby amended to recodify this section as TMC Section 18.58.060, which shall read as follows: 18.58.060 Macro Facilities In order to manage the City in a thoughtful manner that balances the need to accommodate new and evolving technologies with the preservation of the natural and aesthetic environment of the City, the City of Tukwila has adopted this administrative process for the deployment of macro facilities. Applicants are encouraged and expected to provide all related applications listed in TMC Section 18.58.060.A for each facility in one submittal unless they have already obtained a franchise or lease. A. Required applications. The Director is authorized to establish application forms to gather the information required by City ordinances from applicants. 1. Franchise. If any portion of the applicant's facilities are to be located in the right-of-way, the applicant shall apply for, and receive, a franchise consistent with TMC Chapter 11.32. An applicant with a franchise for the deployment of macro facilities in the City may apply directly for a macro facility permit and related approvals. 2. Macro Facility Permits. The applicant shall submit a macro facility permit application as required by TMC Section 18.58.020. Prior to the issuance of a macro facility permit, the applicant shall pay a permit fee in an amount in accordance with the fee schedule adopted by resolution of the City Council, or the actual costs incurred by the City in reviewing such permit application. 3. Associated Permit(s) and Checklist(s). The applicant shall attach all associated required permit applications including, but not limited to, applications required under TMC Chapter 11.08, and applications or check lists required under the City's Critical Areas, Shoreline or SEPA ordinances. 4. Leases. An applicant who desires to place a macro facility on City property outside the right-of-way or attach a macro facility to any structure owned by the City shall include an application for a lease as a component of its application. Leases for the use of public property, structures, or facilities shall be submitted to the City Council for approval. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 10 of 36 168 B. Macro facility application requirements. 1. A pre -application meeting is encouraged prior to submitting an application for a macro facility permit. 2. The following information shall be provided by all applicants for a macro facility permit: a. The name, address, phone number and authorized signature on behalf of the applicant. b. If the proposed site is not owned by the City, the name, address and phone number of the owner and a signed document or lease confirming that the applicant has the owner's permission to apply for permits to construct the macro facility. c. A statement identifying the nature and operation of the macro facility. d. A vicinity sketch showing the relationship of the proposed use to existing streets, structures and surrounding land uses, and the location of any nearby bodies of water, wetlands, critical areas or other significant natural or manmade features. e. Construction drawings as well as a plan of the proposed use showing proposed streets, structures, land uses, open spaces, parking areas, fencing, pedestrian paths and trails, buffers, and landscaping, along with text identifying the proposed use(s) of each structure or area included on the plan. f. Photo simulations of the proposed macro facility from public rights-of- way, public properties and affected residentially zoned properties. Photo simulations must include all cable, conduit and/or ground -mounted equipment necessary for and intended for use in the deployment regardless of whether the additional facilities are to be constructed by a third party. g. A sworn affidavit signed by an RF engineer with knowledge of the proposed project affirming that the macro facility will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the facility will operate. If facilities that generate RF radiation necessary to the macro facility are to be provided by a third party, then the permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions on the entire installation. h. Information necessary to demonstrate the applicant's compliance with FCC rules, regulations and requirements that are applicable to the proposed macro facility. i. If not proposing a collocation, then documentation showing that the applicant has made a reasonable attempt to find a collocation site acceptable to engineering standards and that collocating was not technically feasible, or that it was not financially feasible based on commercially reasonable efforts, or that it posed a physical problem. j. Information sufficient to establish compliance with TMC Sections 18.58.060.F and TMC 18.58.060.G. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 11 of 36 169 k. If proposing a new monopole/tower, information sufficient to establish compliance with TMC Section 18.58.070.B. I. Such additional information as deemed necessary by the Director for proper review of the application, and which is sufficient to enable the Director to make a fully informed decision pursuant to the requirements of this Chapter. C. Macro facility permit review procedures. 1. Completeness. An application for a macro facility is not complete until the applicant has submitted all the applicable items required by TMC Section 18.58.060.6 and to the extent relevant, has submitted all the applicable items in TMC Section 18.58.060.A and the City has confirmed that the application is complete. 2. Public Notice. The City shall provide notice of a complete application for a macro facility permit on the City's website with a link to the application. Prior to construction, the applicant shall provide notice of construction to all impacted property owners within 100 feet of any proposed wireless facility via a doorhanger that shall include an email contact and telephone number for the applicant. Notice is for the public's information and is not a part of a hearing or part of the land use appeal process. 3. Review. The Director shall review the application for conformance with the application requirements in this Chapter and specifically the review criteria in TMC Section 18.58.060.D to determine whether the application is consistent with this Chapter. 4. Decision. The Director shall issue a decision in writing. The Director may grant a permit, grant the permit with conditions pursuant to this chapter and the code, or deny the permit. a. Any condition reasonably required to enable the proposed use to meet the standards of this chapter and code may be imposed. b. If no reasonable condition(s) can be imposed that ensure the application meets such requirements, the application shall be denied. c. The Director's decision is final. D. Macro facility review criteria. 1. No application for a macro facility may be approved unless all of the following criteria, as applicable, are satisfied: a. The proposed use will be served by adequate public facilities including roads, and fire protection. b. The proposed use will not be materially detrimental to uses or property in the immediate vicinity of the subject property and will not materially disturb persons in the use and enjoyment of their property. c. The proposed use will not be materially detrimental to the public health, safety and welfare. d. The proposed use complies with this Chapter and all other applicable provisions of this code. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 12 of 36 170 2. The Director shall review the application for conformance with the following criteria: a. Compliance with prioritized locations pursuant to TMC Section 18.58.060. F. b. Compliance with development standards pursuant to TMC Section 18.58.060.G. E. Macro facility permit requirements. 1. The permittee shall comply with all of the requirements within the macro facility permit. 2. The permittee shall allow collocation of proposed macro facilities on the permittees' site, unless the permittee demonstrates that collocation will impair the technical operation of the existing macro facilities to a substantial degree. 3. The permittee shall notify the City of any sale, transfer, assignment of a macro facility within 60 days of such event. 4. All installations of macro facilities shall comply with any governing construction or electrical code including the National Electrical Safety Code, the National Electric Code or state electrical code, as applicable. 5. A macro facility permit issued under this chapter must be substantially implemented within 24 months from the date of final approval or the permit shall expire. The permittee may request one extension to be limited to 12 months, if the applicant cannot construct the macro facility within the original 24 -month period. 6. Site safety and maintenance. The permittee shall maintain the macro facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism and shall keep the site neat and orderly including, but not limited to, following any maintenance or modifications on the site. F. Macro facility location hierarchy. Macro facilities shall be located in the following prioritized order of preference: 1. Collocated on existing macro facility(ies) or another existing public facility/utility facility (i.e., an existing or replacement utility pole or an existing monopole/ tower). 2. Collocated on existing buildings and structures located in nonresidential zones. 3. Collocated on existing building and structures in residential zones not used for single-family residential uses (e.g. religious facility or public facility, or multi -family building). 4. New monopole/tower proposed in an industrial, commercial, or business zone district, where the sole purpose is for wireless communication facilities; provided that approval for new monopole/tower is given pursuant to TMC Section 18.58.070. Said monopole/tower shall be the minimum height necessary to serve the target area but in no event may it exceed the height requirements of the underlying zoning district by more CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 13 of 36 171 than 10 feet; however, the monopole/tower shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. Further, the monopole/tower shall comply with the setback requirements of the commercial or business zone districts, as applicable. In no case shall the monopole/tower be of a height that requires illumination by the Federal Aviation Administration (FAA). 5. New monopole/tower proposed in a residential zone district, where the sole purpose is for wireless communications, but only if the applicant can establish that the monopole/tower cannot be collocated on an existing facility or structure and receives approval pursuant to TMC Section 18.58.070. Further, the proposed monopole/tower shall be no higher than the minimum height necessary to serve the target area but in no event may it exceed the height requirements of the underlying zoning district by more than 10 feet; however, the structure shall be designed to allow extensions to accommodate the future collocation of additional antennas and support equipment. In no case shall the antenna be of a height that requires illumination by the FAA. G. Macro facility design and concealment standards. All macro facilities shall be constructed or installed according to the following standards: 1. Macro facilities must comply with applicable FCC, Federal Aviation Administration (FAA), state, and City regulations and standards. 2. Antennas shall be located, mounted and designed so that visual and aesthetic impacts upon surrounding land uses and structures are minimized, and so they blend into the existing environment. 3. Macro facilities must be screened or camouflaged employing the best available techniques, such as compatible materials, non -glare paint, location, color, artificial trees and hollow flagpoles, and other tactics to minimize visibility of the facility from public streets and residential properties. a. Macro facilities shall be designed and placed or installed on a site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures by: (1) Using existing site features to screen the macro facility from residential properties and the right-of-way; and (2) Using existing or new site features as a background in a way that helps the macro facility blend into the background. b. As a condition of permit approval, the City may require the applicant to supplement existing trees and mature vegetation within its screened area to screen the facility. c. A macro facility shall be painted either in a nonreflective color or in a color scheme appropriate to the background against which the macro facility would be viewed from a majority of points within its viewshed, and in either case the color must be approved by the City as part of permit approval. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 14 of 36 172 d. Macro facilities may be subject to additional screening requirements by the Director to mitigate visual impacts to adjoining properties or public right-of-way as determined by site-specific conditions. 4. If proposing to locate on a building, the macro facility shall meet the height requirements of the underlying zoning category; provided the macro facility may exceed the height requirements by 10 feet so long as the macro facility is shrouded or screened. 5. If proposing to locate on a replacement utility pole, the height of the replacement pole shall not exceed 15 feet taller than the existing pole and may not be greater than 50 feet tall in residential zones unless the applicant demonstrates in writing that an additional height increase is required for vertical clearance separation and it is the minimum extension possible to provide sufficient separation. Within all other zones, the height of the replacement utility pole shall not exceed 10 feet taller than the height requirements of the underlying zone. 6. The use of a utility pole for siting of a macro facility shall be considered secondary to the primary function of the pole. If the primary function of the pole serving as the host site of the macro facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the macro facility and the macro facility and all associated equipment shall be removed. 7. Equipment facilities shall be placed underground if feasible, or, if permitted above ground, shall: a. Be screened from any street and adjacent property with fencing, walls, landscaping, structures or topography or a combination thereof or placed within a building; and b. Not be located within required building setback areas. 8. If a security barrier is installed that includes a fence, wall or similar freestanding structure, the following shall apply: a. The height of the barrier shall be restricted by the height limitations in the zoning district. The height is measured from the point of existing or finished grade, whichever is lower at the exterior side of the barrier to the highest point of the barrier. b. Be screened from adjoining properties and City right-of-way through the use of appropriate landscaping materials including: (1) Placement of landscape vegetation around the perimeter of the security barrier, except that a maximum 10 -foot portion of the fence may remain without landscaping in order to provide access to the enclosure. (2) The landscaping area shall be a minimum of 5 feet in width. (3) The permittee shall utilize evergreen plants that shall be a minimum of 6 feet tall at the time of planting and shall obscure the site within 2 years. (4) Landscaping and the design of the barrier shall be compatible with other nearby landscaping, fencing and freestanding walls. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 15 of 36 173 (5) If a chain link fence is allowed in the zone district, it shall be green vinyl slats. 9. Sufficient space for temporary parking for regular maintenance of the proposed macro facility must be demonstrated. 10. Macro facilities may not: (i) produce noise in excess of the limitation set forth in TMC Chapter 6.04; and (ii) be used for mounting signs, billboards or message displays of any kind. 11. The Director shall consider the cumulative visual effects of macro facilities mounted on existing structures and/or located on a given permitted site in determining whether the additional permits can be granted so as to not adversely affect the visual character of the City. Section 12. TMC Section 18.58.060 Amended and Recodified to TMC 18.58.070. Ordinance Nos. 2251 §70 and 2135 §1 (part), as codified at TMC Section 18.58.060, "New Towers," are hereby amended to recodify this section as TMC Section 18.58.070, which shall read as follows: 18.58.070 New Towers A. Applicability. Any application for a new macro facility tower shall be reviewed, and approved or denied, by the Hearing Examiner as a Type 3 decision pursuant to TMC Section 18.108.030. B. Review Criteria. The Hearing Examiner shall review the application to construct a new macro facility tower, and shall determine whether each of the following requirements are met: 1. That collocation is not feasible because: a. Existing structures or towers do not have sufficient structural strength to support the applicant's proposed antenna and ancillary facilities; b. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna; c. The fees, costs or contractual provisions required by the owner or operator in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding new tower construction by 25% are presumed to be unreasonable; or d. The applicant demonstrates other limiting factors that render existing towers and structures or other sites unsuitable. All engineering evidence must be provided and certified by a registered and qualified professional engineer and clearly demonstrate the evidence required. 2. The proposed tower meets all applicable design standards in TMC Section 18.58.060. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 16 of 36 174 3. Where the proposed tower does not comply with the requirements of this Chapter, the applicant has successfully demonstrated that denial of the application would effectively prohibit the provision of service in violation of 47 USC 253 and/or 332. C. Determination. The Hearing Examiner, after holding an open public hearing in accordance with TMC Chapter 18.112, shall either approve, approve with conditions, or deny the application. Section 13. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.070, "General Requirements," is hereby repealed. Section 14. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.080, "Electrical Transmission Tower Co-Location—Specific Development Standards," is hereby repealed. Section 15. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.090, "Adding Antennas to Existing WCF Tower -Specific Development Standards," is hereby repealed. Section 16. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.100, "Concealed Building Mounted Development Requirements," is hereby repealed. Section 17. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.110, "Non -concealed Building Mounted Development Requirements," is hereby repealed. Section 18. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.120, "Utility Pole Co -location," is hereby repealed. Section 19. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.130, "Towers -Specific Development Standards," is hereby repealed. Section 20. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.140, "Request to Use Non -concealed Building Attached in Lieu of a Concealed Building Attached," is hereby repealed. Section 21. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.150, "Landscaping/Screening," is hereby repealed. Section 22. Ordinance Nos. 2251 §71 and 2135 §1 (part), as codified at TMC Section 18.58.160, "Zoning Setback Exceptions," are hereby repealed. Section 23. Ordinance Nos. 2251 §72 and 2135 §1 (part), as codified at TMC Section 18.58.170, "Height Waivers," are hereby repealed. Section 24. TMC Section 18.58.190 Amended and Recodified to TMC 18.58.080. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.190, "Removal of Abandoned Wireless Communication Facilities," is hereby amended to recodify this section as TMC Section 18.58.080, which shall read as follows: CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 17 of 36 175 18.58.080 Removal of Abandoned Wireless Communication Facilities Any wireless communication facility that, after the initial operation of the facility, is not used for the purpose for which it was intended at the time of filing of the application for a continuous period of 12 months shall be considered abandoned, and the owner of such facility shall remove same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove such abandoned facility shall result in declaring the facility a public nuisance. If there are two or more users of a single tower, then this section shall not become effective until all users cease using the tower. Section 25. Regulations Established. A new TMC Section 18.58.090 is hereby established to read as follows: 18.58.090 Eligible Facilities Requests A. Under 47 USC 1455 and relevant FCC regulations (see 47 CFR §1.6100), a local jurisdiction must approve a modification of a wireless facility qualifying as an eligible facility request. Accordingly, the City adopts the following provisions for review of applications for eligible facility requests as defined by this chapter and federal law. B. Definitions. 1. "Base station "shall mean and refer to the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower. Base station includes without limitation: a. Equipment associated with wireless communications services regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small wireless facilities). b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including DAS and small wireless facilities). c. Any structure other than a tower that, at the time an eligible facilities modification application is filed with the City under this chapter, supports or houses equipment described in subparagraphs (a) and (b) of TMC Section 18.58.090.B, and that has been reviewed and approved under the applicable zoning or siting process, or under another State, county or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. d. The term does not include any structure that, at the time a completed eligible facilities modification application is filed with the City under this section, does not support or house equipment described in subparagraphs (a) and (b) of TMC Section 18.58.090.B. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 18 of 36 176 2. "Colocation"shall mean the mounting or installing of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes. 3. "Eligible facilities request" shall mean any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: a. Collocation of new transmission equipment; b. Removal of transmission equipment; or c. Replacement of transmission equipment. 4. "Eligible support structure" shall mean and refer to any existing tower or base station as defined in this chapter provided it is in existence at the time the eligible facilities modification application is filed with the City under this chapter. 5. "Existing" shall mean and refer to a constructed tower or base station that was reviewed and approved under the applicable zoning or siting process and lawfully constructed; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. 6. "Site "shall mean and refer to the current boundaries of the leased or owned property surrounding a tower (other than a tower in the public rights-of-way) and any access or utility easements currently related to the site and, for other eligible support structures, shall mean and be further restricted to, that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process. 7. "Substantial Change". A modification will substantially change the physical dimensions of an eligible support structure if it meets any of the following criteria: a. For towers not in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater. The separation of antennas is measured by the distance from the top of the existing antennas to the bottom of the new antennas. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 19 of 36 177 b. For towers not in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet. c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed 4 cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure. d. For any eligible support structure: (1) it entails any excavation or deployment outside the current site; except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; (2) it would defeat the concealment elements of the eligible support structure; or (3) it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment provided, however, that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in this section. 8. "Tower" shall mean and refer to any structure built for the sole or primary purpose of supporting any antennas and their associated facilities, licensed or authorized by the FCC, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. 9. "Transmission Equipment" shall mean and refer to equipment that facilitates transmission for any wireless communication service licensed or authorized by the FCC, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 20 of 36 178 C. Application. The Director shall prepare and make publicly available an application form that shall be limited to the information necessary for the City to consider whether an application is an eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification. D. Qualification as an eligible facilities request. Upon receipt of an application for an eligible facilities request, the Director shall review such application to determine whether the application qualifies as an eligible facilities request. E. Time frame for review. Applications for an eligible facilities request are reviewed by the Director or his/her designee, who will approve the application within 60 days of the date an applicant submits an eligible facilities request application, unless the Director determines that the application does not qualify under FWRC 19.257.020. F. Tolling the time frame for review. The 60 -day review period begins to run when the application is filed and may be tolled only by mutual agreement by the City and the applicant or in cases where the City determines that the application is incomplete. The time frame for review of an eligible facilities request is not tolled by a moratorium on the review of applications. 1. To toll the time frame for incompleteness, the City shall provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application and including a citation to the publicly stated code provision requiring such information. The City recognizes that such a notice is limited to information "reasonably related" to determining whether the application meets the "eligible facilities request" requirements. 2. The time frame for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness. 3. Following a supplemental submission, the City will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notice of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness. G. Determination that an application is not an eligible facilities request. If the City determines that the applicant's request does not qualify as an eligible facilities request, the City shall deny the application. H. Failure to act. In the event the City fails to approve or deny an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. I. Appeals. Applicants and the City may bring claims related to Section 6409 (a) of the Spectrum Act, 47 USC 1455(a) to any court of competent jurisdiction. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 21 of 36 179 Section 26. Regulations Established. A new TMC Section 18.58.100 is hereby established to read as follows: 18.58.100 Small Wireless Facility Application Process A. Applicability. Any applications for small wireless facilities either inside or outside of the public right-of-way shall comply with the application requirements for a small wireless facility permit described in this Chapter. For small wireless facilities inside the right-of-way, the applicant must also comply with the requirements pursuant to TMC Chapter 11.32. B. Completeness. An application for a small wireless facility is not complete until the applicant has submitted all the applicable items required by TMC Section 18.58.110 and, to the extent relevant, has submitted all the applicable items in TMC Section 18.58.100.0 and the City has confirmed that the application is complete. Franchisees with a valid franchise for small wireless facilities may apply for a small wireless permit for the initial or additional phases of a small wireless facilities deployment at any time subject to the commencement of a new completeness review time period for permit processing. C. Application Components. The Director is authorized to establish franchise and other application forms to gather the information required from applicants to evaluate the application and to determine the completeness of the application as provided herein. The application shall include the following components as applicable: 1. Franchise. If any portion of the applicant's facilities are to be located in the City's right-of-way, the applicant shall apply for, and receive approval of a franchise, consistent with the requirements in TMC Chapter 11.32. An application for a franchise may be submitted concurrently with an application for a small wireless facility permit(s). 2. Small Wireless Facility Permit. The applicant shall submit a small wireless facility permit application as required in the small wireless facility application requirements established in TMC Section 18.58.110 and pay the applicable permit fee in accordance with the fee schedule adopted by resolution of the City Council and which may be amended by the City Council from time to time. 3. Associated Application(s) and Checklist(s). Any application for a small wireless permit that contains an element not categorically exempt from SEPA review shall simultaneously apply under Chapter 43.21C RCW and TMC Title 21. Further, any application proposing small wireless facilities in a shoreline area (pursuant to TMC Chapter 18.44) or an environmentally sensitive area (pursuant to TMC Chapter 18.45) shall indicate why the application is exempt or comply with the review processes in such codes. Applications for small wireless facilities for new poles shall comply with the requirements in TMC Section 18.58.160.E. 4. Leases. An applicant who desires to attach a small wireless facility on any utility pole, light pole, or other structure or building owned by the City shall obtain a lease as a component of its application. City owned utility poles and the use of other public property, structures or facilities including, but not limited to any park land or facility, require City Council approval of a lease or master lease agreement. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 22 of 36 180 Section 27. Regulations Established. A new TMC Section 18.58.110 is hereby established to read as follows: 18.58.110 Small Wireless Facility Application Requirements The following information shall be provided by all applicants for a small wireless permit. A. The application shall provide specific locational information including GIS coordinates of all proposed small wireless facilities and specify where the small wireless facilities will utilize existing, replacement or new poles, towers, existing buildings and/or other structures. The applicant shall specify ground -mounted equipment, conduit, junction boxes and fiber and power connections necessary for and intended for use in the small wireless facilities system regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. The applicant shall provide detailed schematics and visual renderings of the small wireless facilities, including engineering and design standards. The application shall have sufficient detail to identify: 1. The location of overhead and, to the extent applicable, underground public utilities, telecommunication, cable, water, adjacent lighting, sewer drainage and other lines and equipment within 50 feet of the proposed project area (which project area shall include the location of the fiber source and power source). Further, the applicant shall include all existing and proposed improvements related to the proposed location, including but not limited to poles, driveways, ADA ramps, equipment cabinets, street trees and structures within 50 feet of the proposed project area. 2. The specific trees, structures, improvements, facilities, lines and equipment, and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate and a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or significant landscaping to be disturbed during construction. The applicant is discouraged from cutting/pruning, removing or replacing trees, and if any such tree modifications are proposed the applicant must comply with applicable provisions of TMC Chapter 11.20 and Chapter 18.54. 3 The applicant's plan for fiber and power service, all conduits, cables, wires, handholes, junctions, meters, disconnect switches and any other ancillary equipment or construction necessary to construct the small wireless facility, to the extent to which the applicant is responsible for installing such fiber and power service, conduits, cables, and related improvements. Where another party is responsible for installing such fiber and power service, conduits, cables, and related improvements, applicant's construction drawings shall include such utilities to the extent known at the time of application, but at a minimum applicant must indicate how it expects to obtain power and fiber service to the small wireless facility. 4. A photometric analysis of the roadway and sidewalk within 150 feet of the existing light if the site location includes a new light pole or replacement light pole if in a new location. 5. Compliance with the applicable aesthetic requirements pursuant to TMC Sections 18.58.150 and 18.58.160. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 23 of 36 181 B. The applicant must show written approval from the owner of any pole or structure for the installation of its small wireless facilities on such pole or structure. The approval may be conditional (i.e. that the pole owner approves if the City also approves). Such written approval shall include approval of the specific pole, engineering and design specifications for the pole, as well as assurances that the specific pole can withstand wind and seismic loads as well as assurances in accordance with TMC Section 18.58.110.F, from the pole owner, unless the pole owner is the City. For City -owned poles or structures, the applicant shall obtain a lease from the City prior to or concurrent with the small wireless facility permit application so the City can evaluate the use of a specific pole. C. The applicant is encouraged to batch the small wireless facility sites within an application in a contiguous service area and/or with similar designs. D. The applicant shall submit a sworn affidavit signed by a Radio Frequency (RF) engineer with knowledge of the proposed project affirming that the small wireless facility will be compliant with all FCC and other governmental regulations in connection with human exposure to radio frequency emissions for every frequency at which the small wireless facility will operate. If facilities that generate RF radiation necessary to the small wireless facility are to be provided by a third party, then the small wireless permit shall be conditioned on an RF certification showing the cumulative impact of the RF emissions from the entire installation. The applicant may provide one emissions report for the entire batch of small wireless facility applications if the applicant is using the same small wireless facility configuration for all installations within that batch or may submit one emissions report for each subgroup installation identified in the batch. E. The applicant shall provide proof of FCC or other regulatory approvals required to provide the service(s) or utilize the technologies sought to be installed, if such approvals are required. F. A professional engineer licensed by the State of Washington shall certify in writing, over his or her seal, that construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably withstand wind and seismic loads as required by applicable codes. If the structural review and calculations are conducted by another agency, such as the pole owner, copies of the structural approval, stamped by a State licensed professional engineer, shall be provided to the City. G. Those elements that are typically contained in the right-of-way permit pursuant to TMC Chapter 11.08, including a traffic control plan, to allow the applicant to proceed with the build -out of the small wireless facility. H. Proof of a valid City of Tukwila business license. I. Recognizing that small wireless facility technology is rapidly evolving, the Director is authorized to adopt and publish standards for the structural safety of City - owned poles and structures, and to formulate and publish application questions for use when an applicant seeks to attach to City -owned poles and structures. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 24 of 36 182 J. Such other information as the Director, in his/her reasonable discretion, shall deem appropriate to effectively evaluate the application based on technical, engineering and aesthetic considerations. Section 28. Regulations Established. A new TMC Section 18.58.120 is hereby established to read as follows: 18.58.120 Small Wireless Facility Review Criteria and Process A. The following provisions relate to the review of applications for a small wireless facility permit: 1. In any zone, upon application for a small wireless permit, the City shall permit small wireless facilities only when the application meets the applicable criteria of TMC Chapter 18.58. 2. Vertical clearance shall be reviewed by the Director in accordance with NESC or applicable pole safety codes to ensure the small wireless facilities will not pose a hazard to other users of the rights-of-way. 3. Replacement poles, new poles, and ground -mounted equipment shall only be permitted pursuant to the applicable standards in TMC Section 18.58.160. 4. No equipment shall be operated so as to produce noise in violation of TMC Chapter 8.22. 5. Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner's express written consent pursuant to TMC Section 18.58.160.A.1. B. Decision. All small wireless facility applications shall be reviewed and approved or denied by the Director. The Director's decision shall be final and is not subject to appeal under City code or further review by the City. C. Eligible Facilities Requests. Small wireless facilities may be expanded pursuant to an eligible facility request so long as the expansion: 1. does not defeat the specifically designated stealth techniques; and 2. incorporates the aesthetic elements required as conditions of approval set forth in the original small wireless facility approval in a manner consistent with the rights granted an eligible facility; and 3. does not exceed the conditions of a small wireless facility as defined by 47 CFR 1.6002(1). D. Public Notice. The City shall provide notice of a complete application for a small wireless facility permit on the City's website with a link to the application. Prior to construction, the applicant shall provide notice of construction to all impacted property owners within 100 feet of any proposed small wireless facility via a doorhanger that shall include an email contact and telephone number for the applicant. Notice is for the public's information and is not a part of a hearing or part of the land use appeal process. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 25 of 36 183 E. Withdrawal. Any applicant may withdraw an application submitted at any time, provided the withdrawal is in writing and signed by all persons who signed the original application or their successors in interest. When a withdrawal is received, the application shall be deemed null and void. If such withdrawal occurs prior to the Director's decision, then reimbursement of fees submitted in association with said application shall be reduced to withhold the amount of actual and objectively reasonable City costs incurred in processing the application prior to time of withdrawal. If such withdrawal is not accomplished prior to the Director's decision, there shall be no refund of all or any portion of such fee. F. Supplemental Information. Failure of an applicant to provide supplemental information as requested by the Director within 90 days of notice by the Director shall be grounds for denial of that application unless an extension period has been approved by the Director. If no extension period has been approved by the Director, the Director shall notify the applicant in writing that the application is denied. G. Consolidated Permit. The issuance of a small wireless permit grants authority to construct small wireless facilities in the rights-of-way in a consolidated manner to allow the applicant, in most situations, to avoid the need to seek duplicative approval by both the Public Works and the Community Development departments. The general standards applicable to the use of the rights-of-way described in TMC Chapter 11.08 shall apply to all small wireless facility permits. Section 29. Regulations Established. A new TMC Section 18.58.130 is hereby established to read as follows: 18.58.130 Small Wireless Facility Permit Requirements A. Permit Compliance. The permittee shall comply with all of the requirements within the small wireless facility permit. B. Post -Construction As-Builts. Upon request, the permittee shall provide the City with as-builts of the small wireless facilities within 30 days after construction of the small wireless facility, demonstrating compliance with the permit, visual renderings submitted with the permit application and any site photographs taken. C. Construction Time Limit. Construction of the small wireless facility must be completed within 12 months after the approval date by the City. The permittee may request one extension of no more than six months, if the permittee provides an explanation as to why the small wireless facility cannot be constructed within the original 12 -month period. D. Site Safety and Maintenance. The permittee must maintain the small wireless facilities in safe and working condition. The permittee shall be responsible for the removal of any graffiti or other vandalism of the small wireless facility and shall keep the site neat and orderly, including but not limited to following any maintenance or modifications on the site. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 26 of 36 184 E. Operational Activity. The permittee shall commence operation of the small wireless facility no later than six months after installation. The permittee may request two extensions, each for an additional six-month period if the permittee can show that such operational activity is delayed due to inability to connect to electrical or backhaul facilities. Section 30. Regulations Established. A new TMC Section 18.58.140 is hereby established to read as follows: 18.58.140 Small Wireless Facility Modification A. If a permittee desires to modify their small wireless facilities, including but not limited to expanding or changing the antenna type, increasing the equipment enclosure, placing additional pole -mounted or ground -mounted equipment, or modifying the stealth techniques, then the permittee shall apply for a new small wireless permit. B. A small wireless facility permit shall not be required for routine maintenance and repair of a small wireless facility within the rights-of-way, or the replacement of an antenna or equipment of similar size, weight, and height; provided, that such replacement does not defeat the stealth techniques used in the original small wireless facility and does not impact the structural integrity of the pole. Further, a small wireless facility permit shall not be required for replacing equipment within the equipment enclosure or reconfiguration of fiber or power to the small wireless facilities. Right-of-way use permits may be required for such routine maintenance, repair or replacement consistent with TMC Chapter 11.08. Section 31. Regulations Established. A new TMC Section 18.58.150 is hereby established to read as follows: 18.58.150 Decorative Poles A. The City discourages the use or replacement of certain decorative poles for small wireless facilities due to the aesthetic impact to the City's streetscape. Accordingly, the pedestrian light pole (herein referred to as "decorative poles"), designated in the City's Infrastructure Design and Construction Standards Manual, are discouraged from use or replacement for small wireless facilities. B. Applications for small wireless facilities attached to decorative poles shall comply with TMC Section 18.58.160.F. Section 32. Regulations Established. A new TMC Section 18.58.160 is hereby established to read as follows: 18.58.160 Small Wireless Facility Aesthetic, Concealment, and Design Standards A. All small wireless facilities shall conform with the following general aesthetic, concealment, and design standards, as applicable: CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 27 of 36 185 1. Except for locations in the right-of-way, small wireless facilities are prohibited on any property containing a single-family residential use in a residential zone; provided that where small wireless facilities are intended to be located more than 400 feet from a right-of-way and within an access easement over residential property, the location may be allowed if: a. the applicant affirms they have received an access easement from the property owner to locate the facility in the desired location; and b. the property owner where the facility will be installed has authority to grant such permission to locate the facility and related equipment at the designated location pursuant to the terms of the access easement; and c. the installation is allowed by, and consistent with, the access easement; and d. such installation will not frustrate the purpose of the easement or create any access or safety issue; and e. the location is in compliance with all land use regulations such as, but not limited to, setback requirements. 2. In the event power is later undergrounded in an area where small wireless facilities are located above ground on utility poles, the small wireless facilities shall be removed and may be replaced with a facility meeting the design standards for new poles in TMC Section 18.58.160.E. 3. Except for electrical meters with prior City approval, ground -mounted equipment in the rights-of-way is prohibited, unless such facilities are placed underground, or the applicant can demonstrate that pole -mounted or undergrounded equipment is technically infeasible. If ground -mounted equipment is necessary, then the applicant shall submit a stealth technique plan substantially conforming to the applicable standards in TMC Section 18.58.160.E.3 and comply with the Americans with Disabilities Act, City construction standards, and state and federal regulations in order to provide a clear and safe passage within the public rights-of-way. Generators located in the rights- of-way are prohibited. 4. No signage, message, or identification other than the manufacturer's identification or signage required by governing law is allowed to be portrayed on any antenna or equipment enclosure. Any permitted signage shall be located on the equipment enclosures and be of the minimum amount possible to achieve the intended purpose (no larger than four by six inches); provided, that signs may be permitted as stealth technique where appropriate and safety signage as required by applicable laws, regulations, and standards is permitted. 5. Antennas and related equipment shall not be illuminated except for security reasons, required by a federal or state authority, or unless approved as part of the stealth technique requirements pursuant to TMC Section 18.58.160.E.3. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 28 of 36 186 6. The design standards in this chapter are intended to be used solely for the purpose of concealment and siting. Nothing contained in this chapter shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would render the small wireless facility technically infeasible or otherwise have the effect of prohibiting wireless service, alternative forms of aesthetic design or concealment may be permitted that provide similar or greater protections from negative visual impacts to the streetscape. B. General Pole Standards. In addition to complying with the applicable general standards in TMC Section 18.58.160.A, all small wireless facilities on any type of utility pole shall conform to the following general pole design requirements as well as the applicable pole specific standards: 1. The preferred location of a small wireless facility on a pole is the location with the least visible impact. 2. The City may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the City. This provision shall neither be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant. 3. Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant's ability to provide telecommunications service in violation of 47 USC 253 and 332. 4. Replacement poles and new poles shall comply with the Americans with Disabilities Act, City construction and sidewalk clearance standards, City development standards, City ordinances, and state and federal laws and regulations in order to provide a clear and safe passage within the rights-of-way. Further, the location of any replacement or new pole must: be physically possible; comply with applicable traffic warrants; not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices); and not adversely affect the public welfare, health, or safety. 5. Replacement poles shall be located as near as possible to the existing pole, but in no event further than 10 feet from the existing pole. Compliance with the light standards in the Tukwila Infrastructure and Construction Standards Manual is required and the existing pole shall be removed. 6. Side arm mounts for antennas or equipment must be the minimum extension necessary, and for wooden poles may be no more than 12 inches off the pole, and for nonwooden poles no more than six inches off the pole. 7. The use of the pole for the siting of a small wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small wireless facility and the small wireless facility and all associated equipment shall be removed. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 29 of 36 187 C. Nonwooden Pole Design Standards. In addition to complying with the applicable general standards in TMC Section 18.58.160.A and TMC Section 18.58.160.B, small wireless facilities attached to existing or replacement nonwooden poles inside or outside the right-of-way shall conform to the following design criteria: 1. All replacement poles shall conform to the City's standard small wireless facility pole design(s) published in the City's Infrastructure Design and Construction Standards Manual. The applicant, upon a showing that use or modification of the standard pole design is either technically or physically infeasible, or that the modified pole design will not comply with the City's ADA or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard pole design and use the design standards as described in TMC Section 18.58.160.C., subsections 2 through 8. 2. Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is technically infeasible, or is incompatible with the pole design, then the antennas and associated equipment enclosures must be camouflaged to appear as an integral part of the pole or flush -mounted to the pole, meaning no more than six inches off of the pole, and must be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of small wireless facilities. If the equipment enclosure is permitted on the exterior of the pole, the applicant is required to place the equipment enclosure behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. For purposes of this section, "incompatible with the pole design" may include a demonstration by the applicant that the visual impact to the pole or the streetscape would be reduced by placing the antennas and equipment exterior to the pole. 3. The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. 4. All conduit, cables, wires, and fiber must be routed internally in the pole. Full concealment of all conduit, cables, wires, and fiber is required within mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or equipment. 5. An antenna on top of an existing pole may not extend more than 6 feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so they appear as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole except for canister antennas, which shall not require screening. To the extent technically feasible, all cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole. 6. Any replacement pole shall substantially conform to the design of the pole it is replacing (including but not limited to color, shape and style) or the neighboring pole design standards utilized within the contiguous right-of-way. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 30 of 36 188 7. The height of any replacement pole and antenna(s) may not extend more than 10 feet above the height of the existing pole or the minimum additional height necessary; provided, that the height of the replacement pole cannot be extended further by additional antenna height. 8. The diameter of a replacement pole shall comply with the City's setback and sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25 percent increase of the existing pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole. D. Wooden Pole Design Standards. In addition to complying with the applicable general standards in TMC Section 18.58.160.A and TMC Section 18.58.160.B, small wireless facilities attached to existing or replacement wooden utility poles and other wooden poles inside or outside the right-of-way shall conform to the following design criteria: 1. The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small wireless facility; provided, that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. 2. A pole extender may be used instead of replacing an existing pole, but may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wireline facilities. A "pole extender" as used herein is an object affixed between the pole and the antenna for the purpose of increasing the height of the antenna above the pole. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole. 3. Replacement wooden poles must either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the pole owner in the City. 4. The diameter of a replacement pole shall comply with the City's setback and sidewalk clearance requirements and shall not be more than a 25 percent increase of the existing utility pole measured at the base of the pole or the otherwise standard size used by the pole owner. 5. All cables and wires shall be routed through conduits along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduits shall be minimized to the number technically necessary to accommodate the small wireless facility. 6. Antennas, equipment enclosures, and all ancillary equipment, boxes and conduit shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 31 of 36 189 7. Antennas shall not be mounted more than 12 inches from the surface of the wooden pole. 8. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are permitted on a wooden pole; provided, that each antenna shall not be more than three cubic feet in volume. 9. A canister antenna may be mounted on top of an existing or replacement wooden pole, which may not exceed the height requirements described in TMC Section 158.58.170.D.1. A canister antenna mounted on the top of a wooden pole shall not exceed 16 inches in diameter, measured at the top of the pole and, to the extent technically feasible, shall be colored or painted to match the pole. The canister antenna must be placed to look as if it is an extension of the pole. In the alternative, the applicant may install a side -mounted canister antenna, so long as the inside edge of the antenna is no more than 12 inches from the surface of the wooden pole. All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole. 10. The farthest point of any antenna or equipment enclosure may not extend more than 28 inches from the face of the pole. 11. An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to a sleeve made to look like the exterior of the pole as close to the top of the pole as technically feasible. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket. 12. All related antenna equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit that are mounted on wooden poles, shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required and is confirmed in writing by the pole owner. 13. Equipment for small wireless facilities must be attached to the wooden pole, unless otherwise permitted to be ground mounted pursuant to TMC Section 18.58.160.A.3. The equipment must be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna, and any preexisting associated equipment on the pole, may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and do not cumulatively exceed 28 cubic feet. The applicant is encouraged to place the equipment enclosure(s) behind any banners or road signs that may be on the pole; provided, that such location does not interfere with the operation of the banners or signs, or the small wireless facility. 14. An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so; provided, that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole, do not exceed 28 cubic feet. The CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 32 of 36 190 unified enclosure may not be placed more than six inches from the surface of the pole, unless a further distance is required and confirmed in writing by the pole owner. To the extent possible, the unified enclosure shall be placed so as to appear as an integrated part of the pole or behind banners or signs; provided, that such location does not interfere with the operation of the banners or signs. E. Standards for small wireless facilities on new poles in the rights-of-way and installations on decorative poles. In addition to complying with the applicable general standards in TMC Section 18.58.160.A and TMC Section 18.58.160.B, small wireless facilities proposed to be attached to new poles or decorative poles shall comply with following: 1. Applicability. New poles within the rights-of-way or installations on a decorative pole are only permitted if the applicant can establish that: a. The proposed small wireless facility cannot be located on an existing utility pole, electrical transmission tower, or on a site outside of the public rights-of-way such as a public park, public property, building, transmission tower or in or on a nonresidential use in a residential zone, whether by roof or building mount; and b. The proposed small wireless facility receives approval for a stealth technique design, as described in TMC Section 18.58.160.E.3; and c. The proposed small wireless facility also complies with the Shoreline Management Act, Growth Management Act, and State Environmental Policy Act, if applicable; and d. No new poles shall be located in a critical area or associated buffer required by the City's Environmentally Sensitive Areas ordinance, TMC Chapter 18.45, except when determined to be exempt pursuant to said ordinance. 2. Review. An application for a new pole or installation on a decorative pole is subject to administrative review and approval or denial by the Director. 3. New poles. All new poles shall conform to the City's standard pole design adopted in the City's Infrastructure Design and Construction Standards Manual and comply with the stealth technique design consistent with TMC Section 18.58.160.E.5. 4. Decorative poles. If the applicant desires to place the small wireless facility on a decorative pole, and the City has adopted a small wireless facility standard for the decorative pole in the City's Infrastructure Design and Construction Standards Manual, then the applicant shall attempt to utilize the adopted decorative pole design. The applicant, upon a showing that using the standard decorative pole design is either technically or physically infeasible, or that a modified pole design will not comply with the city's ADA or sidewalk clearance requirements and/or would violate electrical or other safety standards, may deviate from the adopted standard decorative pole design and propose a stealth technique design consistent with TMC Section 18.58.160.E.5. 5. The stealth technique design shall include the design of the screening, fencing, or other concealment technique for the pole, equipment enclosure, and all related transmission equipment or facilities associated with the proposed small wireless facility, including but not limited to fiber and power connections. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 33 of 36 191 a. The stealth technique design should seek to minimize the visual obtrusiveness of the small wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the rights-of-way, including similar height to the extent technically feasible. If the proposed small wireless facility is placed on a replacement pole in a design district, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Director otherwise approves a variation due to aesthetic or safety concerns. Any stealth technique design for a small wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small wireless facility into the design of the decorative pole. Other stealth technique methods include, but are not limited to, integrating the installation with architectural features or building design components; utilization of coverings or concealment devices of similar material, color, and texture—or the appearance thereof— as the surface against which the installation will be seen or on which it will be installed; landscape design; or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wires are installed internally within the structure. Further, applicant designs should, to the extent technically feasible, comply with the generally applicable design standards adopted pursuant to TMC Section 18.58.160.A and TMC Section 18.58.160.B. b. If the Director has already approved a stealth technique design either for the applicant or another small wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar stealth technique design, unless it can show that such stealth technique design is not technically feasible, or that such design would undermine the generally applicable design standards adopted pursuant to TMC Section 18.58.160.A and TMC Section 18.58.160.B. c. Even if an alternative location is established pursuant to TMC Section 18.58.160.E.1.a, the Director may determine, at the applicant's written request, that a new pole in the right-of-way is, in fact, a superior alternative based on the impact to the City, the stealth technique design, the City's Comprehensive Plan and the added benefits to the community. d. Prior to the issuance of a permit to construct a new pole or ground - mounted equipment in the right-of-way, the applicant must obtain a master lease agreement from the City to locate such new pole or ground -mounted equipment. This requirement also applies to replacement poles that are taller than the replaced pole, when the overall height of the replacement pole and the proposed small wireless facility is more than 60 feet. F. Standards for small wireless facilities attached to cables. In addition to complying with the applicable general standards in TMC Section 18.58.160.A, all small wireless facilities mounted on existing cables strung between existing utility poles shall conform to the following standards: 1. Each strand -mounted facility shall not exceed three cubic feet in volume. 2. Only one strand -mounted facility is permitted per cable between any two existing poles on an existing cable. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 34 of 36 192 3. The strand -mounted devices shall be placed as close as feasible to the nearest utility pole, in no event more than 10 feet from the pole unless that location is technically infeasible or is not allowed by the pole owner for safety clearance. 4. No strand -mounted device shall be located in or above the portion of the roadway open to vehicular traffic. 5. Ground -mounted equipment to accommodate a shared mounted facility is not permitted except when placed in preexisting equipment cabinets or required by a third party electrical service provider. 6. Pole -mounted equipment shall comply with the requirements of TMC Section 18.58.160.A and TMC Section 18.58.160.B. 7. Such strand -mounted devices must be installed to cause the least visual impact and without excess exterior cabling or wires (other than the original strand). G. Standards for small wireless facilities attached to existing buildings. In addition to complying with the applicable general standards in TMC Section 18.58.160.A, all small wireless facilities attached to existing buildings shall conform to the following design criteria: 1. Small wireless facilities may be mounted to the sides of a building if the antennas do not interrupt the building's architectural theme. 2. The interruption of architectural lines or horizontal or vertical reveals is discouraged. 3. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. 4. Small wireless facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. 5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling/wiring is prohibited. 6. To the extent technically feasible, small wireless facilities shall be painted and textured to match the adjacent building surfaces. Section 33. 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 34. 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. CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 35 of 36 193 Section 35. 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 , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney CC: Legislative Development\Wireless Communication Facilities -TMC 18.58 update strike-thru 9-29-21 NG:bjs Review and analysis by Barbara Saxton Page 36 of 36 194 COUNCIL AGENDA SYNOPSIS k‘)* 41 Initials ITEM No. �l' Meeting Date Prepared by Mayor's review Council review �C/r 10/4/21 MDA „ = 8 1908 ITEM INFORMATION STAFF SPONSOR: MATTHEW AUSTIN ORIGINAL AGENDA DATE: 10/4/21 AGENDA ITEM TITLE Contract for Tukwila Park Improvements CATEGORY ❑ Discussion Mtg Date 11 Motion Mtg Date 10/4/21 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire 11 P&R ❑ Police ❑ PW SPONSOR'S Staff are seeking Council approval for the Mayor to sign a contract to replace the destroyed SUMMARY gazebo at Tukwila Park. REVIEWED BY ❑ Trans&Infrastructure Svcs A ❑ LTAC ❑ DATE: 10/4/21 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: DELOSTRINOS JOHNSON RECOMMENDATIONS: SPONsoR/ADMIN. Parks and Recreation Department COMMITTEE Forward to Regular Meeting on 10/4 COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $80,000 $80,000 $80,000 Fund Source: PARKS AND RECREATION CIP Comments: WCIA Reimbursement for Tukwila Park gazebo MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 9/20/2021 Info Memo, Tukwila Park Improvements 2021 Northwest Playground Contract 195 196 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety FROM: Tracy Gallaway - Parks and Recreation Director BY: Matthew Austin - Parks Maintenance Supervisor CC: Mayor Ekberg DATE: 9/20/2021 SUBJECT: Tukwila Park Improvements ISSUE Replacement of the Tukwila Park gazebo. BACKGROUND On July 19, 2020, the gazebo at Tukwila Park was destroyed by a fire. Throughout the past 14 months, parks maintenance staff have been working on replacing the structure. DISCUSSION Staff worked with Public Works and the Washington Cities Insurance Authority (WCIA) to confirm that the replacement of the gazebo would be covered by insurance. Once confirmed, staff selected a contractor and a replacement structure. The new gazebo will be fire resistant, with a metal frame and roof and will have similar amenities such as integrated wiring, lighting, and electrical outlets for potential rentals. Attachment A is a contract to address the gazebo replacement. FINANCIAL IMPACT The gazebo replacement described in Attachment A will be reimbursed through WCIA with initial funding through the Parks and Recreation capital improvement budget utilizing a combination of King County Levy funds, Park Impact Fees and REET funds. Attachment A: Contract with Northwest Playgrounds for Tukwila Park Gazebo replacement Total $80,000 $80,000 RECOMMENDATION Staff recommends the City Council authorize the Mayor to sign the contract (Attachment A) with Northwest Playgrounds for $80,000 for installation of a new gazebo. ATTACHMENTS Attachment A: Northwest Playground Contract and Scope of Work. 197 198 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number. This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as the City," and Northwest Playground Equipment, lnc, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 2410, Issaquah, WA 98027. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now therefore. IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal. State. and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference The total amount to be paid shall not exceed S80.000. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way 4. Duration of Acareement. This Agreement shall be in full force and effect for a period commencing October 1st. 2021, and ending March , 2021, unless sooner terminated under the provisions 4Y hereinafter specified. 20 7 5. Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. indemnification. The Contractor shall defend, indemnify, and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 4 199 200 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115. then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW. solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor 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 Contractor, their agents. representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall riot be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A Minimum Scope of Insurance. Contractor 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 $2.000,000 each occurrence. $2,000,000 general aggregate and $2.000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations. stop gap liability. personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M Best rating Revised May 2020 Faze 2 of .1 of not less than A. VH. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General Liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand or at the sole discretion of the City, offset against funds due the Contractor from the City 8. Record Keeping and Reporting. A The Contractor shall maintain accounts and records. including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and lnsnection§. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same Failure to provide products on schedule may result in contract termination If the Contractor's insurance coverage is canceled for any reason. the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of racereligion, creed, color, national origin, age, veteran status, sex. sexual orientation, gender identity. marital status. political affiliation, the presence of any disability. or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement. Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. CA Revised May 202() Page 3 of 4 201 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila. Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below, 16. Aoolicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County. Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 CITY OF TUKWILA CONTRACTOR By 41fit Allan Ekberg, Mayor ATTEST/AUTHENTICATED City Clerk. Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney Printed Name and Title 3a .6 14 6 r - Address: ret) 2Ll l G tA `L�,� w 9"i c CA Revised May 2020 Page 4 of 4 202 Price Total Price a e.,ck6;f A. Northwest Playground Equipment, Inc. PO Box 2410, Issaquah, WA 98027-0109 Phone (425) 313-9161 FAX (425) 313-9194 Email: sales(lnwplayground.com QUOTE This quote is only valid for 30 days. To: Tukwila Parks & Rec Re: Tukwila Park Pagoda 15460 65th Ave S Tukwila, WA 98188 Contact Name: Matthew Austin Email: matthew.austint57tukwilawa.gov Phone: Cell/Fax: Quote # 083121RR-01 Date: 8/31/2021 206-445-2245 Item # Oty Description EQUIPMENT Poligon OTC 20SS Shelter with Primary SS, IBC 2015 Building Code, Wind Speed 148655 1 110, Ground Snow Load 20, Min Clearance Height 7'5", Upper Roof Slope 6/12 and Anchor Bolts. NOTE: Carmel/Handrail - 7 Side / 0 Ends (Bays), MCH of 7.5, Electrical Access with 2 Cutouts & Frame Finish/Color - Galvanizing 148655 1 Sealed and Stamped Engineered Drawings with Calculations $ 41,170.00 $ 41,170.00 $ 1,000.00 Equipment Subtotal $ 42,170.00 Northwest Playground Equipment Discount: NPEI 20.00% $ (8,234.00) Poligon Freight. $ 6,000.00_ Equipment Total (less tax) $ 39,936.00 CERTIFIED INSTALLATION 1 Installation of Poligon Shelter Which Includes: Shelter Assembly, Unloading $ 29,400.00 Onsite, Disposal of Packaging and Did from Holes Offsite. Footings included with Excavation thru Existing Concrete, Disposal of Dirt from Holes, plus all Forming with Rebar and Concrete. Electrical set up will also be an additional cost Bond or CC Convenience Fee: Location Code: 1729 Prevailing Wage Job Installation Total: $ 29,400.00 Performance Bond (If Required): 3.0% $ Resale Certificate Required for Tax Exemption: Tax: 10.1% $ 7,002.94 ORDER TOTAL: $ 76,338.94 All quotes are subject to material and fuel surcharges. Acceptance of Proposal: (Please be sure you have read, signed, initialed and understand the Terms and Conditions on Page 2 of this Quote) The items, prices and conditions listed herein are satisfactory and are hereby accepted. TITLE Customer Signature Date Thank you for considering Northwest Playground Equipment, Inc. for your Park, Playground, Shelter and Sports Equipment requirements. PAGE 1 of 3 Rev mod 8111(2017 203 rt E31,kbik. A- Northwest Playground Equipment, Inc. PO Box 2410, Issaquah, WA 98027-0109 Phone (425) 313-9161 FAX (425) 313-9194 Email: sales@nwplayground.com Project Name: Tukwila Park Pagoda Quote # 083121RR-01 TERMS AND CONDITIONS QUOTE CONDITIONS AND ACCEPTANCE: This quote is only valid for 30 days. Orders placed or requested for delivery after 30 days are subject to price increases. (PIs Initial) It is the Buyer's responsibility to verify quantities and description of items quoted. Once your order has been placed, any changes including additions, deletions or color changes, will delay your shipment. EXCLUSIONS: Unless specified, this quote specifically excludes all of the following: Required Permits; Davis Bacon, Certified Payroll or Prevailing Wage fees Performance/Payment Bonds Site work and landscaping Removal of existing equipment Unloading; Receiving of inventory or equipment; Storage of equipment Equipment assembly and/or installation Safety surfacing; Borders or drainage requirements Landscaping Repairs DUE to poor access or in climatic weather FREIGHT AND DELIVERY: Shipping is FOB Origin. A 24 -hr Call Ahead is available at additional cost. Delivery is currently 5+ weeks after order submittal. Unless otherwise noted, all equipment is delivered unassembled. "' (PIs Initial)Buyer Is responsible to meet and provide a minimum of 2 ADULTS to unload truck A Check List, detailing all items shipped, will be mailed to you and a copy will be included with the shipment. Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List. (PIs Initial)Shortages or damages must be noted on the driver's delivery receipt. Shortages or damages not noted become the buyers financial responsibility. Damaged Freight must be refused. Please notify Northwest Playground Equipment immediately of any damages. Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery. A reconsignment fee will be charged for any changes made to delivery address after order has been placed. TAXES: All orders delivering in Washington are subject to applicable sales tax unless a tax exemption or Reseller Permit is on file at the time the order is placed. PAYMENT TERMS: An approved Credit Application is required for new customers. 50% down payment is due at time of order with balance due upon delivery, unless other credit terms have been approved. Interest may be charged on past due balances at an annual rate of 18%. A 3% charge will be added to all credit card orders. RESTOCKING: Items canceled, returned or refused will be subject to a minimum 25% restocking fee. All return freight charges are the responsibility of the Buyer. MAINTENANCE/WARRANTY: Manufacturer's standard product warranties apply and cover equipment replacement and freight costs only; labor is not included, Northwest Playground Equipment offers no additional warranties. Maintenance of the equipment and safety surfacing is the responsibility of the customer. Any unauthorized alterations or modifications to the equipment (including layout) will void your warranty. INSTALLATION: (if applicable) A private locate service for underground utilities must be completed before your scheduled installation. Site must be level and free of loose debris (this includes ground cover/chips). A minimum 6 foot opening with good access must be available to the site for delivery trucks and tractor. An onsite dumpster must be provided for disposal of packaging materials. Arrangements must be made in advance for the disposal of dirt/rocks from within the installation area. Arrangements must be made in advance for the removal/disposal of existing equipment. Additional charges may apply if large rocks or concrete are found beneath the surface. Access to power and water must be available. Site supervision is quoted in 8 -hour days. Acceptance of Terms & Conditions Acceptance of this proposal, made by an authorized agent of your company, indicates agreement to the above terms and conditions. TITLE Customer Signature Date Thank you for choosing Northwest Playground Equipment PAGE 2 of 3 Revised 8/11/2017 204 6)(k:1);,P A. PAGE 3 of 3 Revised 8/11/2017 205 206 £iL&»4 a. pciigon FRAME COLOR: GALV ROOF COLOR: EVERGREEN COLORS MAY VARY SLIGHTLY FROM RENDERED IMAGE TUKWILA PARK SEATTLE, WA OTC 20 PROJECT: TUKWILA PARK LOCATION: SEATTLE, WA BUILDING TYPE: OTC 20 ROOF TYPE: STANDING SEAM BUILDING NUMBER: P12616 ORDER NUMBER: 69669 DRAWING LIST: SKEET NUMBER DRAWING DESCRIPTION CS COVER SHEET I ARCHITECTURAL ELEVATIONS 2 STRUCTURAL FRAMING PLAN 3 COLUMN LAYOUT 00 Okig. O. STOP!! NOT FOR CONSTRUCTION USE FOR PRELIMINARY PLANNING AND ESTIMATING ONLY FABRICATOR APPRQVALS: CITY OF PHOENIX, A2 APPROVED FABRICATOR .CO11-2010 CITY OF LOS ANGELES. CA APPROVED FABRICATOR 41596 CITY OF RIVERSIDE, CA APPROVED FABRICATOR /SPO6-0033 CITY OF HOUSTON, TX APPROVED FABRICATOR 0470 CLARK COUNTY, NV APPROVED FABRICATOR 0284 STATE OF UTAH APPROVED FABRICATOR 02008-14 CERTIFICATES; COUNTY CERTIFICATE OF COMPETENCY NO. 19 -OBOE. PCI (POWDER COATING INSTITUTE) 4000 CERTIFIED MATERIALS' pEgCglpT(QN SCHEDULE PIPE RMT PIPE LIGHT GAGE COLD FORMED STRUCTURAL STEEL PLATE ROOF PANELS (STEELI Mold GRANATION 553 ARADE I31 A519 A1503 (GRADE 501 A38 5653 GENERAL NOTES: UNLESS NO ED OTHERWISE, THIS STRUCTURE WAS DESIGNED TO ONLY SUPPORT WHAT IS SHOWN ON THESE DRAWINGS. THE MANUFACTURER MUST BE CONTACTED IF ANYTHING ELSE IS TO SE ATTACHED TO THIS STRUCTURE (WALLS, COLUMN WRAPS, RAILINGS, ETC.) SO THE DESIGN OF THIS STRUCTURE CAN BE REVIEWED AND POSSIBLY REVISED. UNLESS NOTED OTHERWISE, THIS STRUCTURE WAS DESIGNED 05 ASSUMING A 20' SEPARATION BETWEEN ANY ADJACENT STRUCTURE WITH AN EAVE HEIGHT EQUAL TO OR GREATER THAN THE EAVE HEIGHT OF THIS STRUCTURE IF THAT SEPARATION DOES NOT EXIST, THE MANUFACTURER MUST BE CONTACTED SO THE DESIGN OF THIS STRUCTURE CAN BE REVIEWED AND POSSIBLY REVISED. STRUCTURAL STEEL SHALL BE DETAILED. FABRICATED. AND ERECTED IN ACCORDANCE WITH THE LATEST EDITION OF THE AMERICAN INSTITUTE OF STEEL CONSTRUCTION (AISC) SPECIFICATION MANUAL ALL WELDING IS PERFORMED BY AMERICAN WELDING SOCIETY OCAWS) CERTIFIED WELDERS AND CONFORMS TO THE LATEST EDITION f AWS 01.1 OR D1.3 AS REQUIRED. PARTS SHOWN MAY BE UPGRADED DUE TO STANDARDIZED FABRICATION. REFER TO THE SHIPPING BILL OF MATERIALS FOR POSSIBLE SUBSTITUTIONS. FOR PROPER FIELD INSTALLATION OF THE BUILDING IT IS RECOMMENDED THAT THE PRIMARY FRAME INSTALLER AND THE ROOF INSTALLER HAVE A MINIMUM FIVE (5) YEARS DOCUMENTED EXPERIENCE INSTALLING THIS TYPE OF PRODUCT. FOR PROPER FIELD INSTALLATION OF THE BUILDING IT IS RECOMMENDED THAT ELECTRIC WIRING, IF REQUIRED, BE RUN THROUGH THE STRUCTURAL MEMBERS BEFORE THE BUILDING IS ERECTED. oC a 4 O _ O C Fr 7.5 M CG 0 0 o. g 0 s pp � i,v nt iE CS STOP!! NOT FOR CONSTRUCTION USE FOR PRELIMINARY PLANNING AND ESTIMATING ONLY TOP VIEW 1111111111111111111 HM1111111111111111 FRONT VIEW FINISH GRADE ]ASSUMED AT CONSTANT ELEvAi)ON UNLESS OTHERWISE NOTED] GENERAL ROOF NOTES: METAL ROOFING: • 24 GAUGE • GALVALUME COATED • KYNAR 500 PAINTED 2. TRIM COLOR MATCHES ROOF 3. SEE POUGON_COM FOR COLOR OPTIONS llllll� 11111111_ 111llljll 01, 111111 I- IIIIII1111 111111111111 ISOMETRIC VIEW f2 6 SIDE VIW N O O 1 STOP!! NOT FOR CONSTRUCTION N O EibiN;(34 USE FOR PRELIMINARY PLANNING AND ESTIMATING ONLY TOP VIEW !l�Gii II III IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII 1 FRONT VIEW FINISH GRADE (ASSUMED AT CONSTANT ELEVATION UNLESS OTHERWISE NOTED) Is 4:4 IIIIID ��JIllll__ IIIIIIIII jIIIIIIIII1II1I (111111( ISOMETRIC VIEW 027, 01.— IIIIIIIIIIII E 041 l1iJ� �I�r�iZi II'IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII I SIDE VIEW C Ra. 2 gE 3 K z 0 a (S z a' 2 USE FOR PRELIMINARY PLANNING AND ESTIMATING ONLY Efiv`64 8. STOP!! NOT FOR CONSTRUCTION C> u K-1 U BASEPLATE NOTES: 1. POUGON ENGINEERING WILL DETERMINE REQUIRED BASEPLATE DESIGN AFTER ENGINEERING PACKAGE IS ORDERED. 2. CUSTOMER MAY SUGGEST PREFERRED BASEPLATE DESIGN. 9 E Ni �o 0 c u 0 a e 1g0 o. w ii:, '....172: _ . 04 x AtOi a 1 eX at %ao et 212 Policy No.CPP1037280 COMMERICAL GENERAL LIABILITY WN GL 39 08 18 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is. provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet 2 Property Damage Liability • Elevators 3 • Fire. Lightning, Explosion Or Sprinkler Leakage Exception 3 • Borrowed Equipment ($25,000 Per Occurrence, $50.000 Aggregate. $2,500 Deductible Per Occurrence 3 Supplementary Payments — Amended • Bail Bonds Up To $5,000 3 • Loss of Earnings Up To $500/Day 3 Who Is An Insured Amendments • Employee Bodily Injury To A Co -Employee 4 • Newly Formed Or Acquired Organizations For Up To 180 Days 4 • Blanket Additional Insured — Vendors — As Required By Contract 4 • Blanket Additional Insured — Lessor Of Leased Equipment 6 • Blanket Additional Insured — Managers Or Lessors Of Premises 6 • Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations 7 • Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Relating To Premises 8 Damage To Premises Rented To You — $300,000 9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations 9 Conditions • Knowledge of Occurrence. Offense, Claim Or Suit Amended 9 • Unintentional Failure To Disclose Hazards 9 • Waiver of Subrogation 10 Insured Contract Amended 10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication 10 WN GL 39 08 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 1 of 10 213 214 COMMERCIAL GENERAL LIABILITY WN GL 39 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERAGES AMENDMENTS COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved in the ownership, maintenance, use or entrustment to others of any aircraft" "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge: This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment". B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; WN GL 39 08 18 Includes copyrighted material of insurance Services Office, Inc„ with its permission. Page 2 of 10 (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we will pay for "property damage" under this provision; (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions, the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III — LIMITS OF INSURANCE. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub -paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B E. Supplementary Payments — Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. WN GL 39 08 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 10 215 SECTION II — WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co -Employee Paragraph 2. a. (1) is replaced by the following: However, none of these "employees"' or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company). to a co -'employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co -"employee" or "volunteer worker' as a consequence of Paragraph (1)(a) above;. (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury' to any co -"employee" or other "volunteer worker' arising out of and in the course of the co -"employee's" or "volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co -'employee" or other "volunteer worker', is brought against you or a co -"employee" or a "volunteer worker', we will reimburse the reasonable costs that you incur in providing a defense to the co -"employee" or 'Vo'lunteer worker" against such matters, Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or farm the organization or the end of the policy period, whichever is earlier; The following are added: C. Blanket Additional Insured — Vendors — As Required By Contract 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; WN GL 39 08 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 216 Page 4 of 10 (5) Any failure to make such inspections. adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor: or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (7) (i) The exceptions Subparagraphs (4) or (ii) Such inspections, tests or servicing as agreed to make undertakes to make course of business, with the distribution products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products: b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement: or c. When liability included within the "products -completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. contained in (6); or adjustments. the vendor has or normally in the usual in connection or sale of the 4. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: if coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. With respect to the insurance afforded to these additional insureds. the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 08 18 Includes copyrighted mater al of Insurance Services Office, Inc., with its permission. Page 5 of 10 217 D. Blanket Additional Insured — Lessor Of Leased Equipment 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law: and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in Declarations; whichever is less. This endorsement shall not increase applicable Limits of Insurance shown in Declarations. the the the 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of. or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve. maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E, Blanket Additional Insured -- Managers Or Lessors Of Premises 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. WN GL 39 08 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 218 However: a. The insurance afforded to such additional insured only applies to the extent permitted by law: and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve. maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. F. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury". "property damage" or "personal and advertising injury" arising out of operations performed for the federal government. state or municipality: or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GI. 39 08 18 Includes copyrighted material of Insurance Services office. Inc., with its permission. Page 7 of 10 219 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys. field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Relating To Premises Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement: or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. WN GL 39 08 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 220 Page 8 of 10 This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering. architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III — LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of; a. $300,000, or b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person is the greater of: a. $10,000: or b. The amount shown next to the Medical Expense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership: (3) An executive officer or insurance manager, if you are a corporation: or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner: C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us: and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. WN GL 39 08 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 10 221 D. Waiver of Subrogation Item 8. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to loss. requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. SECTION V — DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract": B. Personal And Advertising Injury Redefined Paragraph 14. d. and e, are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WN GL 39 08 18 Includes copyrighted material of Insurance Services office, Inc., with its permission. Page 10 of 10 222 Policy No.CPP1037280 COMMERCIAL GENERAL LIABILITY WN GL 49 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily injury', "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are complet- ed. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sion applies: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negli- gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any profes- sional services by you with respect to your providing engineering, architectural or survey- ing services in your capacity as an engineer, architect or surveyor. Includes copyrighted material of Insurance Services Office, inc., with its permission. Page 1 of 2 223 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing op- erations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III -- Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WNGL490715 224 D. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek any contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 POLICY NUMBER: CPP 1037280 COMMERCIAL GENERAL LIABILITY WN GL 50 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations PER WRITTEN CONTRACT OR AGREEMENT WHERE YOU AGREE TO NAME A PARTY OR PARTIES AS ADDTTIONAL INSURED (S) PER WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "prop- erty damage" caused, in whole or in part, by "your work" at the location designated and de- scribed in the schedule of this endorsement per- formed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to pro- vide for such additional insured. WN GL500715 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sion applies: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or en- gineering activities. includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 225 This exclusion applies even if the claims against an additional insured allege negli- gence or other wrongdoing in the supervi- sion, hiring, employment, training or monitor- ing of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an en- gineer, architect or surveyor. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the con- tract or agreement; or 2. The Limits of Insurance shown in the Decla- rations; whichever is less. This endorsement shall not increase the applica- ble Limits of Insurance shown in the Declara- tions. D. The following is added to the Other Insurance Condition and supersedes any provision to the con- trary: Primary And Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to the additional insured. WN GL 50 07 15 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. 226 POLICY NUMBER: CPP 1037280 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projectls}: PER WRITTEN CONTRACT OR AGREE- MENT WHERE YOU AGREED TO PRO- VIDE A SEPARATE GENERAL AGGRE- ATE LIMIT FOR EACH PROJECT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by acci- dents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Proj- ect General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project Gen- eral Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed oper- ations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Desig- nated Construction Project General Aggre- CG 25 03 05 09 gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Opera- tions Aggregate Limit, whichever is ap- plicable; and ' Insurance Services Office, Inc., 2008 Page 1 of 2 227 2. Such payments shall not reduce any Des- ignated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Desig- nated Construction Project General Aggregate Limit. Page 2 of 2 228 D. If the applicable designated construction proj- ect has been abandoned, delayed, or aban- doned and then restarted, or if the authorized contracting parties deviate from plans, blue- prints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III - Limits Of In- surance not otherwise modified by this endorsement shall continue to apply as stipulated. Insurance Services Office, Inc., 2008 CG 25 03 05 09 COVERAGES CERTIFICATE NUMBER: Cert ID 20819 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR LTR TYPEOF INSURANCE AOOL INSO SUBR MAID POLICY NUMBER POLICY EFF IMMIDOIYYYY1 POLICY EXP (MM/DDIYYYY) _. LIMITS A X COMMERCLALGENERALLIABILITY INSURED 1425) 313-9161 Northwest Playground Equipment Inc Play Safe Construction, Inc. PO Box 2410 Issaquah WA 98027 INSURERS: INSURERC: EACHOCCURRENCE $ 1,000,000 INSURER E: INSURER F: CLAIMS -MADE 1 X J OCCUR Y Y CPP1037280 03/01/202103/01/2022 PREMISES EaENTECoccurrence) $ 100,000 MED EXP (Any one person) 6 5,000 _ PERSONALBADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY X EC ' LOC PRODUCTS-COMPIOPAGG $ 2,000 000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO - CPP1037051 03/01/2021 03/01/2022 BODILY INJURY (Per person) S OWNED AUTOS ONLY ." SCHEDULED AUTOS BODILY INJURY (Per accident) S X HIRED AUTOS ONLY X NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ S A X UMBRELLALIAB X OCCUR UW31006108 03/01/2021 03/01/2022 EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 5,000,000 DED X RETENT ON S 10,000 $ A WORKERS COMPENSATION ANDEMPLOYERS'LIABILMY CPP1037260 03/01/2021 03/01/2022 PER OTH- STATUTE X ER ANYPROPRIETOR/PARTNERJEXECUTIVE YIN NIA WA State Stop Gap E.L. EACH ACCIDENT S 1,000,000 OFFICE RIMEMBEREXCLUDED7 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000,000 5 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Seheduls, may be attached II more apace Is required) RE: Pagoda Project. City of Tukwila is included as Additional Insured with respect to work performed by or on behalf of the Named Insured and coverage is Primary i Nan -Contributory per Endorsement WNGL49. Waiver of Subrogation included per Endorsement WNGL39. Completed operations wording included per Endorsement WNGL50. Additional Insured shall apply by written contract and/or agreement. ACC)REr CERTIFICATE OF LIABILITY INSURANCE kr.-f DATE(MMIDDMYYY) 09/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyfies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CHOICE Insurance, LLC 8 1715 Market Street STE 100 Kirkland WA 98033 CONTACT NAME: Nick Ghaffari PHONE Ext). (425) 739-6565 {� , No): (425) 739-9955 ADDRESS: Serviceechoiceineurance.net INSURERS) AFFORDING COVERAGE NAM* INSURER A : Western National Mutual Insure 15377 INSURED 1425) 313-9161 Northwest Playground Equipment Inc Play Safe Construction, Inc. PO Box 2410 Issaquah WA 98027 INSURERS: INSURERC: INSURER D INSURER E: INSURER F: CERTIFICATE HOLDER CANCELLATION City of Tukwila 6200 Southcenter Blvd Tukwila WA 98188 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE r,. /1sidf/6Ci ACORD 25 (2016103) Q 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 1 229 230 TO: City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: September 29, 2021 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. Intergovernmental Update • Sound Cities Association Mayors Meeting: Mayor Ekberg participated in a Sound Cities Association Mayors meeting on September 14 hosted by Maple Valley. • Meeting re: King County Regional Approach to Gun Violence/Impacts on Youth: On September 14 Mayor Ekberg and City Administrator Cline met with King County staff regarding the King County Regional Approach to Gun Violence/Impacts on Youth. • National League of Cities Information Technology and Communications Committee: Mayor Ekberg participated in the National League of Cities Information Technology and Communications Committee meeting on September 15. • Mayor as CEO Event: On September 16 Mayor Ekberg participated in the Association of Washington Cities Mayor as CEO event. • Meeting with 11th District Legislators: Mayor Ekberg, Councilmember De'Sean Quinn, City Administrator Cline, Deputy City Administrator Bianchi and State Lobbyist David Foster met with the 11th District Legislators, Senator Bob Hasegawa, Representative Steve Bergquist and Representative David Hackney on September 16. • Military Road & S. 152nd Road Improvements Ribbon -Cutting: On September 17 City Administrator Cline attended a City of SeaTac ribbon -cutting ceremony for Military Road & S. 152nd Road Improvements. • Sound Cities Association briefing with King County Public Health: Mayor Ekberg & City Administrator Cline participated in a Sound Cities Association briefing with King County Public Health on September 21. • King County City Managers/City Administrators Weekly Call: City Administrator Cline participated in a King County City Managers/City Administrators weekly call on September 22. • Public Officials and Candidate Night: Mayor Ekberg participated in the Seattle Southside Chamber of Commerce Public Officials and Candidate Night on September 22. Tukwila City Hall • 6200 Southrenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 231 City Administrator's Report September 29, 2021 Page 2 II. Community Events • Arts in the Parks: The Arts in the Parks, Pop -Up Banner Gallery is at Foster Memorial Park for the next few months. It features work from 11 different artists. To learn about the Arts in the Parks, artists, artwork or take a self -guided tour visit www.Tukwilawa.gov/arts-in-the-parks • Park Stewardship: Friends of the Hill hosted their first fall work party at Duwamish Hill Preserve. Volunteers, supported by Parks staff, cleared 200 square feet of invasive blackberry starts. Parks Stewardship Specialist, Olena Perry also lead a private clean up event for Washington Cities Insurance Authority. The volunteer crew cleaned up litter from Bicentennial Park all the way to the railroad tracks. • Rave -Green Run: On September 19 Economic Development staff assisted with the Rave Green Run, a City sponsored event. III. Staff Updates Public Safety • Meeting with Cascade Behavioral Health: On September 17, Chief Dreyer and Deputy Chief Lund met with Cascade Behavioral CEO Chris West. • Tough Mudder Team: This past weekend a Tukwila Fire Department team participated in the Tough Mudder; a muddy ten -mile obstacle course event held in Black Diamond. Under the leadership of Firefighter Eric Dunkley, the group competed the course in under 3 hours. Team members were Firefighters Dunkley, Aguilar, Fink, Knutti, Miller and Deputy Fire Chief Golden. • SHAG Security: Police continue to work with SHAG regarding security. An Officer recently met with the new overnight security at the complex. • Homeless Encampments: The Community Police Team recently tagged several encampments for cleanup and connected a number of individuals with resources. Project Updates • Boeing Access Rd over Airport Way Bridge: Completed: July 2021 Construction has been completed for the project and all equipment has been removed from the project site. City staff and the construction management team is having the contractor complete the punch list to restore the project site to its original condition. • 42nd Ave S Bridge Replacement: Design continues for the 42nd Ave S Bridge as TranTech Engineering continues to process data for the Type, Size, and Location report and the 30% design. This project has been awarded $13.5 million in grant funding: $1.5 million in federal Surface Transportation Program funds from the Puget Sound Regional Council to complete 100% design and $12 million in federal Local Bridge Program funding from the Washington State Department of Transportation for the construction phase of the project. The project is also being considered for funding as part of the 2022 Federal Infrastructure Package via Congressman Adam Smith and Senator Patty Murray. An open gallery was held on September 15 at the Tukwila Community Center. Attendees had the opportunity to vote on their preferred bridge rail, rail color, landscaping, and lumination of the walkway. Individuals may participate in an online survey at TukwilaWA.gov/BridgeChoices. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 232 City Administrator's Report September 29, 2021 Page 3 Boards, Commissions and Committees • Arts Commission: The next meeting is scheduled for October 27, 2021. 2 Resident position terms expire December 31, 2021. No vacancies. • Civil Service Commission: The next meeting is scheduled for October 21, 2021. 1 resident term set to expire December 31, 2021. No vacancies. • COPCAB: The next meeting is scheduled for October 14, 2021. 3 Resident position terms set to expire December 31, 2021. VACANT: 1 School District Representative and Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for October 7, 2021. 1 City Council Representative position term expires December 31, 2021. 2 Education position terms expires December 31, 2021. 1 City Employee position term expires December 31, 2021. 1 Community Representative position term expires December 31, 2021. VACANT: 1 Education Representative and Student Representative. • Human Services Advisory Board: The next meeting is planned for November, 2021. 1 Resident position term expires December 31, 2021. 1 Faith -Based Community position term expires December 31, 2021. VACANT: 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for October 5, 2021. 3 Resident position terms expire December 31, 2021. VACANT: Student Representative. • Lodging Tax Advisory Committee: The next meeting is scheduled for October 8, 2021. All positions are 1 -year terms. VACANT: 1 Business Collecting Tax Representative and 2 Funded by Tax Representatives. • Park Commission: The next meeting is scheduled for October 13, 2021. 3 Community position terms expire December 31, 2021. VACANT: 1 Community Representative and Student Representative. • Planning Commission: The next meeting is scheduled for October 28, 2021. No terms set to expire in 2021. No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov 233 234 TUKWILA PUBLIC SAFETY PROJECTS Public Works SOJ Construction Management Monthly Report September 2021 Report Reviewed by: Justine Kim Owner's Representative: Shiels Obletz Johnsen (SOJ) Architect: SHKS Architects Development Progress: • Offices and bathrooms drywall and painting complete • Outdoor storage space footings poured • Western shop steel improvements nearly complete • Remaining concrete base footings in the east shop are complete • Second floor framing above offices underway Upcoming Construction Activities: • Pouring remaining pile cap footings • Framing storage area • Shoring removed mid-October • Installing suspended ceilings in offices Budget Status: • Revised contract amount now $4,792,104 Change Order Status: • Total Change Orders (1-4) approved to date: $364,883 • Change Order No. 5 is pending approval for $50,541 Schedule Status: • See attached 3 -week schedule. Final completion date remains unchanged. Critical Issues: • None Tukwila Public Safety Plan - Public Works - Monthly Report 1 235 Tukwila Public Safety Plan - Public Works - Monthly Report 236 2 Tukwila Public Safety Plan - Public Works - Monthly Report 3 237 Tukwila Public Safety Plan - Public Works - Monthly Report 238 4 Tukwila Public Safety Plan - Public Works - Monthly Report 5 239 Tukwila Public Safety Plan - Public Works - Monthly Report 240 6 Tukwila Public Safety Plan - Public Works - Monthly Report 7 241 Tukwila Public Safety Plan - Public Works - Monthly Report 242 8 Tukwila Public Safety Plan - Public Works - Monthly Report 9 243 Tukwila Public Safety Plan - Public Works - Monthly Report 244 10 THREE WEEK CONSTRUCTION SCHEDULE Project: Tukwila Fleet #1239 Date: 9/20/2021 Period: 9/20 - 10/10 CONTRACTOR: LINCOLN CONSTRUCTION INC SUPERINTENDENT: Casey Neuman PREPARED BY: Casey Neuman ACTIVITY M TWT F S S M T W T F S S M T W T F S S 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 Seahurst - 2nd floor Office rough in X X X X X X X X X X Seahurst - Backup Generator rough -in X X X X X X X X X X Smith Fire - Rough in 1st floor X X X X X Display Manufacturing - FRP bath/lockerX X X X X X X X X X Pipe - Overhead piping in shop area X X X Pipe - Bathroom Fixture Installation Todd Robinson Paint - 2nd Floor Walls X Acoustics NW - 1st floor ceilings X X X X X Stanley Security - 1st floor offices X X X X X X X X X X Lci - 2nd floor framing X X X X X Lci - Concrete pour pile caps X X Lci - Framing on grid line #4 X Lci - Concrete pour pilasters X Moe's Welding - Column/I-beam West Shop X X X X X X X X X X Capitol H&C - Rough in 1st/2nd Floors X X X X X Capitol H&C - Overhead Piping shop area X X X X X CIS - 2nd floor walls X X X Berg Scaffolding - East Shop Removal WBF - Exterior walls WBF - 2nd floor walls X X X X X WBF - Bath/Locker ceiling Framing X X X X X N 01 City of Tukwila - Public Works Fleet & Facilities TOTAL PROJECT MONTHLY Budget Report (REVISED Budget; D-20 Plan Adopted by Council) Life to Date Costs as of September 23, 2021 (reconciled w/acctg thru July 11, 2021 GL) COUNCIL REPORTING SUMMARY - PUBLIC WORKS Original Budget Budget Transfers Current Budget Committed Budget Life to Date Costs Remain'g Committed Remaining Budget A/E Services (Design & CA) Permits/Fees Construction Construction (Tax) Construction Related Costs PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) $ 670,768 $ 130,000 $ 6,715,000 $ 662,618 $ 378,186 $ 350,000 $ 843,437 $ - $ - $ (226,145) $ - $ 39,135 $ 93,900 $ 93,110 $ 670,768 $ 130,000 $ 6,488,855 $ 662,618 $ 417,321 $ 443,900 $ 936,547 $ 611,393 $ 114,222 $ 5,166,582 $ 512,619 $ 274,845 $ 413,746 $ - $ 503,553 $ 74,222 $ 2,947,790 $ 265,009 $ 198,974 $ 349,813 $ - $ 107,840 $ 40,000 $ 2,218,792 $ 247,610 $ 75,871 $ 63,933 $ - $ 59,375 $ 15,778 $ 1,322,273 $ 149,999 $ 142,476 $ 30,154 936,547 SUBTOTAL -CURRENT MANAGED PROJECT $ 9,750,009 $ - $ 9,750,009 $ 7,093,407 $ 4,339,361 $ 2,754,046 4$ 1$ 2,656,602 Previously Managed Svcs (Land,A/E,Bond,Demo) $ 25,949,992 $ - $ 25,949,992 $ 25,936,198 $ 25,936,198 $ - $ 13,794 TOTAL -COMBINED PROJECT $ 35,700,000 $ - $ 35,700,000 $ 33,029,605 $ 30,275,559 $ 2,754,046 $ 2,670,395 UPCOMING MEETINGS AND EVENTS OCTOBER 2021 Due to COVID-19, meetings will be held electronically, with telephone access available (see agenda page). OCT4 MON OCT 5 TUE OCT6 WED OCT 7 THU D Community Services and Safety 5:30 PM Electronic meeting D Planning -and Community Development Cancelled Electronic meeting D City Council Regular Meeting 7:00 PM Electronic meeting GREEN } TUKWILA PARTNERSHIP RIVERTON WORK PARTY Park steward and Green Tukwila staff are now hosting monthly work parties at Riverton Park. This opportunity is open to groups and businesses. 11:30 AM —1:30 PM Click here to sign-up For more information, email Olena. Pe rry@Tu kwi laW A.gov D Library Advisory Board 5:30 PM Electronic meeting Tukwila Village Farmers Market HOSTED BY FOOD INNOVATION NETWORK See below for more information. your dedication and support in helping make this a community space for aspiring women of color, immigrant, and refugee chefs in their quest for building successful food businesses. Supported by 4Culture, Kaiser Permanente and Experience Tukwila.. 4PM —7 PM 14200 Tukwila Intl Blvd Click here for more information. D Equity and Social Justice Commission 5:15 PM Electronic meeting OCT 8 FRI I�Ir HAZARDOUS WASTE DISPOSAL EVENT FREE WASTEMOBILE COLLECTION EVENT If you live in King County, you can take your household hazardous waste to any of the four collection sites or to the Wastemobile Collection event. You do not need to make an appointment. There is no fee for hazardous waste disposal. Marine flares are not accepted at this event. Oct 8 to 10 Fri -Sun 10:00 AM — 5:00 PM McLendon Hardware 440 Rainier Ave S, Renton Click here for more information. OCT9 SAT GREEN i TUKWILA PARTNERSHIP TUKWILA PARK WORK PARTY Green Tukwila is following Public Health Guidelines to keep volunteers and staff safe during work parties. Work parties are limited to 20 people. If you need to cancel let us know so we can open up the opportunity. If work parties fill up we may open a second work party on the same day. 10:00 AM -12:00 PM Click here to sign-up. OCT 11 MON OCT 12 TUE OCT 13 WED OCT 14 THU OCT 15 FRI OCT 16 SAT D Finance and Governance 5:30 PM Electronic meeting Transportation and Infrastructure Services 5:30 PM Electronic meeting ➢ City Council Committee of the Whole Meeting 7:00 PM Electronic meeting .I ,.. ,. a,.1 a,-: Farmers Market HOSTED BY FOOD INNOVATION NETWORK Come buy fresh produce grown by refugees and immigrants in our community. The Farmers Market follow all public health guidelines to ensure a safe market experience. Please wear a mask to the market, and stay home if you are not feeling well. 4:00 PM — 7:00 PM Wednesdays FINAL DAY! Tukwila Village Plaza 14350 Tukwila Intl Blvd Free COVID-19 vaccination available from 3:00 PM — 6:00 PM. D Park Commission 5:30 PM Foster Golf Course D. Community Oriented Policing Citizens Advisory Board 6:30 PM Electronic meeting SHRED E -CYCLE EVE N T BECU MEMBERS EVENT BECU employees are on-site during the event to help members shred and e -Cycle. A small recycle fee may apply to some electronic items such as printers or VCRs. Bike Works will collect your bikes to help make a difference to a child or adult in need of two wheels. BECU is also collecting donations for local food banks. 9:00 AM — 1:00 PM BECU Tukwila Financial Center 12770 Gateway Dr Click here for more information. TUKWILA BLOOD SHORTAGE! Your donation is critical! With less than a 24-hour supply of blood on hand for hospitals, more donors are needed to make and keep their appointments with Bloodworks Northwest. This shortage has left our community's blood supply at emergency levels, risking the inability to meet patient needs. Your gift of blood and time saves lives. To schedule an appointment, call 206-241- 6300 or Click here to schedule an appointment online. COVID-19 FINANCIAL RESOURCES FOR RESIDENTS, WORKERS AND BUSINESSES Many changes are happening in response to the COVID-19 virus and federal, state and local governments are working to help. The City of Tukwila has compiled a range of information developed by various agencies and governments that may be helpful to our businesses, workers, and residents. Click here for more information and resources. 1 PARKS &RECREATION Monday thru Friday from 3 PM — 6 PM Teen Room and gym are open to teens after school. noon HEALriv roti Wednesdays from 6 PM — 8 PM Teen Open Gym Basketball TUKWILA FREE TEEN PROGRAMS AT TUKWILA COMMUNITY CENTER —12424 42"o AVE S DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM — 2:30 PM �N�vtvi Tukwila Pantry is in need of shopping bags. VOLUNTEERS — In need of volunteers between 8 AM —1 PM for food packaging Mondays, Wednesdays and Fridays and food distributions Tuesdays, Thursdays and Saturdays. To sign-up to volunteer, visit https://www.signupgenius.com/go/9040a4dabac2ealf85-volunteer2. DONORS — Please donate at TukwilaPantry.org. STILL WATER SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP! SnackPack serves food bags on Fridays to Tukwila students in need. Volunteers needed on Wednesdays, 1 PM -3 PM, Thursdays 9 AM -10 AM and Fridays 9:45 AM -12:15 PM. Please donate to feed our Tukwila kids. For more information, call 206-717-4709 or visit facebook.com/TukwilaWeekendSnackPack. Checks can be mailed to Still Waters, PO Box 88576, Tukwila WA 98138. COVID-19 VACCINATION Public Healthtal Health'All Washingtonians ages 12 and up are eligible to receive a COVID-19 vaccination. Scanlc a King cauaty For more information, visit kingcounty.gov/vaccine or call 206-477-3977. Interpreters are available for assistance. For telephone -to -text relay service, dial 711 or 1-d800-833-6384. For tactile interpretation, visit seattledbsc.org. ip • COVID-19 VACCINE CLINIC POP-UP CLINIC Westfield Southcenter will host a free COVID-19 vaccine pop-up clinic in partnership with Harborview Medical Center. The clinic will take place in Space 201, located on Level 1 near Nordstrom by Bergman Travel Shop. Vaccines distributed will include Pfizer. Click here for more information on the pop-up event. Click here for King County information on the vaccine and to access other languages. 9AM-12 PM 1PM-3 PM 9AM-12 PM 1PM-7 PM OCT 16,21,28 & NOV 6 OCT 7 247 Tentative Agenda Schedule MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. OCTOBER 4 See below link for the agenda packet to view the agenda items: October 4, 2021 Regular Meeting OCTOBER 11 Special Issues OCTOBER 18 Consent Agenda OCTOBER 25 Special Issues Weekly COVID-19 Report. _ An update on the Tukwila Arts / Arts % Program. - Update and consensus on Automated School Zone Camera Program. - An ordinance amending various ordinances as stated herein and as codified in various sections of Tukwila Municipal Code (TMC) Title 18, "Zoning" (18.41.080, 18.41.090, 18.41.100, 18.50.083 and 18.52.040), to set development standards for multi- family residential developments in the Tukwila South Overlay zone. - Authorize the Mayor to sign the WA State Department of Transportation (WSDOT) for Transportation Demand Management Program Allocation Agreement for 2021-2023 in the amount of $74,204. - Authorize the Mayor to sign an extension agreement with PerfectMind Software as a Service for Parks and Recreation registration software, in the amount of $118,000. Unfinished Business - COVID-19 Weekly Report. - Resolution adopting the 2022 South King Housing and Homelessness Partners Work Plan and Operating Budget. - Weekly COVID-19 Report. - An ordinance amending various ordinances as stated herein and as codified in various sections of Tukwila Municipal Code (TMC) Title 18, "Zoning" (18.41.080, 18.41.090, 18.41.100, 18.50.083 and 18.52.040), to set development standards for multi -family residential developments in the Tukwila South Overlay zone. MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. NOVEMBER 1 Consent Agenda NOVEMBER 8 Public Hearings NOVEMBER 15 Consent Agenda NOVEMBER 22 Special Issues - Authorize the Mayor to sign Contract Amendment with Karen Reed in the amount of $75,000. - Authoirize the Mayor to sign a contract for the Strander-Andover Park West Sewer Repair Design Project. - Authorize the Mayor to sign a contract for the South 152"d Street Waterline Replacement / Extension Project in the amount of $100,000. - Authorize the Mayor to sign a contract for the Transportation Element Update. Unfinished Business - Tax Levy Legislation: - An ordinance levying the general taxes commencing 1/1/2022. - An ordinance increasing the regular tax levy from the previous year commencing 1/1/2022. - An ordinance adopting an amended 2021-2022 Mid -Biennium Budget. Special Issues Authorize the Mayor to sign a contract with Environmental Systems Research Institute (ESRI) for 2022-2023 GIS Services. Unfinished Business - COVID-19 Weekly Report. - A resolution adopting the Tukwila Pond Master Plan. - Leases. Special Meeting to follow the Committee of the Whole Meeting. - Weekly COVID-19 Report. - Tax Levy Legislation: - An ordinance levying the general taxes commencing 1/1/2022. - An ordinance increasing the regular tax levy from the previous year commencing 1/1/2022. - An ordinance adopting an amended 2021-2022 Mid -Biennium Budget. - Tax Levy Legislation: - An ordinance levying the general taxes commencing 1/1/2022. - An ordinance increasing the regular tax levy from the previous year commencing 1/1/2022. - An ordinance adopting an amended 2021-2022 Mid -Biennium Budget. - Weekly COVID-19 Report. - COVID-19 Weekly Report. - An ordinance amending Chapter 18.41, "Tukwila South Overlay District Development Standards," as codified in Title 18, "Zoning," of the Tukwila Municipal Code, to set development standards and design guidelines for residential developments in the Tukwila South Overlay District (TSO). - A resolution adopting the 2022 South King Housing and Homelessness Partners Work Plan and Operating Budget. 248