HomeMy WebLinkAboutReg 2022-10-03 COMPLETE AGENDA PACKETTukwila City Council Agenda
•••• REGULAR MEETING ❖
J��ILA tai�q
`''�r
1905%%%
Allan Ekberg, Mayor Councilmembers: + Kathy Hougardy + De'Sean Quinn
David Cline, City Administrator + Kate Kruller + Cynthia Delostrinos Johnson
Thomas McLeod, Council President ❖Mohamed Abdi ❖ Tosh Sharp
THE MEETING WILL
ON-SITE
THE
Monday, October
BE CONDUCTED
PRESENCE WILL
PHONE NUMBER
For Technical
3, 2022;
BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY.
BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD).
FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS:
1-253-292-9750, ACCESS CODE: 670077847#.
Click here to: Join Microsoft Teams Meeting
Support during the meeting call: 1-206-433-7155.
7:00 PM • Ord #2680 • Res #2052
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
Those wishing to provide public comments may verbally address the City Council
both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to
5 minutes for items both on and not on the meeting agenda.
To provide comment via phone or Microsoft Teams, please email
citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting
the
date. Please clearly indicate that your message is for public comment during
meeting, and you will receive further instructions.
4. APPOINTMENTS
Confirm the appointment of Bao Dennis Nguyen to the Student
Representative position on the Equity and Social Justice Commission,
with a term expiring June 30, 2024.
Pg.1
5. PRESENTATIONS
a. Promotion of Fire Department staff:
Eric Dunkley to Fire Captain
Jay Wittwer, Fire Chief
b. Presentation of Mayor's Proposed 2023-2024 Biennial Budget.
6. CONSENT AGENDA
a. Approval of Minutes: 9/19/22 (Regular Mtg.)
b. Approval of Vouchers
c. Authorize the Mayor to sign Amendment No. 1 to contract #22-
099 with KPFF Consulting Engineers for construction services for
the Green River Trail Improvements Project in the amount of
$273,977.69. [Reviewed and forwarded to Consent by the
Transportation and Infrastructure Services Committee on 9/19/22. J
(continued...)
Pg.9
REGULAR MEETING
October 3, 2022
Page 2
6. CONSENT AGENDA
d. Authorize the Mayor to sign a contract with David Evans and
Associates (DEA) for a GIS utility inventory in the amount of
$199,970.00. [Reviewed and forwarded to Consent by the
Transportation and Infrastructure Services Committee on 9/19/22.]
e. Authorize the Mayor to sign Amendment No. 2 to contract #21-
163 with J.A. Brennan Associates for the Chinook Wind Public
Access Project in the amount of $58,933.00. [Reviewed and
forwarded to Consent by the Transportation and Infrastructure Services
Committee on 9/19/22.]
f. Authorize the Mayor to accept a grant from the Department of
Ecology for the Stormwater Management Action Plan in the
amount of $72,353.00 (local match $10,853.00). [Reviewed and
forwarded to Consent by the Transportation and Infrastructure Services
Committee on 9/19/22.]
g. Authorize the Mayor to accept a grant from the Department of
Ecology for the Stormwater Quality Retrofit Project in the amount
of $1,176,341.00 (local match $176,451.00). [Reviewed and
forwarded to Consent by the Transportation and Infrastructure Services
Committee on 9/19/22.]
h. Award a bid and authorize the Mayor to sign a contract with
Pacific Exteriors, LLC, for the City Hall Siding Repairs Project in
the amount of $158,806.86 (includes contingency). [Reviewed and
forwarded to Consent by the Finance and Governance Committee on
9/26/22.]
Pg.43
Pg.69
Pg.81
Pg.93
Pg.105
7. UNFINISHED
BUSINESS
a. Authorize the acquisition of additional school zone speeding
cameras with revenue generated from the cameras.
Please refer to 9/26/22 C.O. W. packet.
b. Puget Sound Regional Fire Authority:
(1) Authorize the Mayor to sign an Interlocal Agreement with
the Puget Sound Regional Fire Authority for Fire/Emergency
Medical Services.
(2) Approve the expenditure of up to $1.1 million for an
interfund loan for Fire Department apparatus (new engine)
and $200,000 for fire equipment to be included as part of a
future budget amendment.
c. A resolution adopting a policy for naming or renaming City -owned
property; and repealing Resolution No. 1400.
Pg.127
Pg.129
Pg.131
Pg.169
(continued..)
REGULAR MEETING
October 3, 2022
Page 3
8. NEW BUSINESS
An ordinance repealing Ordinance Nos. 2497 §3, 2195, 1789,
1677 §11, 1469, and 1363 §1 (part), as codified in Tukwila Municipal
Code (TMC) Chapter 8.30, "Crimes Relating to Persons."
Pg.177
9. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report
Pg.187
10. MISCELLANEOUS
11. EXECUTIVE SESSION
Collective Bargaining - Pursuant to RCW 42.30.140(4)(b) (45minutes)
NO action will follow in the open meeting.
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 dearly 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
k•)* 41 Initials
ITEM NO.
�l'
Meeting Date
Prepared by
Mayor's review
Council review
*
10/3/22
CT
1908
ITEM INFORMATION
STAFF SPONSOR: MAYOR EKBERG
ORIGINAL AGENDA DATE: 10/3/22
AGENDA ITEM TITLE Appointment to the Equity and Social Justice Commission
CATEGORY ❑ Discussion
Mtg Date
11 Motion
Mtg Date 10/3/22
❑ 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 ❑ PW
SPONSOR'S Appointment of Student Representative to the Equity and Social Justice Commission
SUMMARY
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
10/3/22
MTG. DATE
ATTACHMENTS
10/3/22
Informational Memorandum dated 9/15/22
1
2
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Mayor Ekberg
DATE: September 15, 2022
SUBJECT: Equity and Social Justice Commission Appointments
ISSUE
The Student Representative position on the Equity and Social Justice Commission is vacant. I am
recommending the appointment of Bao Dennis Nguyen as outlined below. His application is attached
for your review.
Student Representative:
Bao Dennis Nguyen has applied for the Student Representative
Position. The Student Representative position was created in 2017
and lists residing in Tukwila as a requirement. Since that time the
position has been vacant, without any applicants. Dennis does not
reside in Tukwila but is a Junior at Foster High School. This matter
was discussed with Councilmember Hougardy as she serves as the
Councilmember on the Equity and Social Justice Commission. She is
in favor of waiving the residency requirement in this instance as
Dennis attends Foster High School. I also support waiving the
residency requirement and am recommending his appointment. The
term for this position will expire June 30, 2024, upon Dennis's
graduation from Foster High School.
RECOMMENDATION
I am recommending this appointment be confirmed by Council at the October 3, 2022 Council
Meeting.
3
4
City of Tukwila
Tukwila City Hall
6200 Southcenter Blvd
Tukwila, WA 98188
Phone: (206) 433-1800
RECEIVED
Email: BoardsCommsPtukwilawa.gov
Website: www.tukwilawa.gov
Application for Appointment
BOARDS, COMMISSIONS AND COMMITTEES
Please complete the ENTIRE application form. Submitting a resume is optional.
NAME: Nguyen
Last
ADDRESS:
Street City
MAILING ADDRESS'(if different):
HOME PHONE: ' V/A MOBILE PHONE
Ok Kyung Brusnighan
EMPLOYER: E -MAL. — — —
Bao
DATE: 3/8/2022
D
First M.I.
Seatac
98188
Zip
Please check all that apply to you within Tukwila city limits:
❑ Resident ❑ Business Owner/Representative
❑ School District Representative 0 High School Student
I wish to be considered for appointment to the following board or commission (check all that apply):
COMMISSIONS: BOARDS & COMMITTEES:
n Arts ❑ Community Police Advisory
❑ Civil Service ❑ Human Services
❑✓ Equity & Social Justice ❑ Library
❑ Parks ❑ Lodging Tax
❑ Planning
❑ Other/Special Committee:
HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes 0 No
If "yes",•please list:
AVAILABLE TO ATTEND MEETINGS: 0 Daytime 0 Evenings
Please note that upon submission, all information on this document becomes public record. For further clarification
regarding this application or more information regarding boards and commissions please call 206-433-1850.
5
6
Boards & Commissions Application
Page 2
Please describe your interest in serving on a board, commission or committee and include your
qualifications for the position. (Please limit your response to 500 words or less.)
As a 10th grader at Foster High School, I would like to serve in the Equity & Social Justice
Commission and the Library Advisory Board. I have attended the Tukwila School District since 5th
grade and have developed deep friendships with my peers as well as nurturing relationships with
my teachers and mentors.
With the trust of my peers and mentors, I firmly believe I can be the student representative for my
community. I want to promote understanding and social justice within the Tukwila community. As
an Asian American immigrant with friends from diverse ethnic backgrounds and cultures, I have
many personal experiences that drive my passion for equity and social justice within the
community. I want to create an environment where residents in Tukwila can feel seen and embrace
their own identities. I will devote my time and efforts towards promoting diversity and
understanding within the community, in both the school setting and the Tukwila community at
large.
I am an avid reader and use the Tukwila Library very often. As a potential member of the Library
Advisory Board, I want to promote its use among Tukwila residents and especially its students. I
work as a reading coach for Team Read for elementary school children and have been successful
at encouraging young readers to read more. My student' s reading skills have improved
drastically. I can apply this experience to the Library Advisory board to engage more youth readers
by bringing in content and activities that would nurture their identity, curiosity, and love for reading.
As the Chapter Head for the Letters For Rose Tukwila-Seatac Chapter, I have experience in
leadership positions and planning events. As an officer in the Foster High School's Vietnamese
Student Association, I work collaboratively with a team of my peers to organize meetings with fun
activities that bring a big group of diverse Foster students together. Our members have told us they
have fun while feeling represented and eager to learn more about culture and social justice relating
to Vietnamese identity. Given that many students do not know of the help available to them at the
library, I can organize events that bring the library closer to the community to increase its outreach
and have a positive effect on our students.
I am training to become a phone specialist worker for Teen Link, a phone line program located in
Washington for Washington teens. My training includes working with teenagers, understanding a
variety of aspects of mental health like self-care, grief, suicide intervention, addiction recovery,
bullying, oppression based on identity. I have extensive knowledge, understanding, and experience
in working with other teenagers.
As a potential student representative, I will bring fresh ideas and help the commission and board
fully integrate into the students' life at Tukwila. These roles have prepared me to fulfill the duties
and goals of the Equity & Social Justice Commission as well as the Library Advisory Board.
Please note that upon submission, all information on this document becomes public record. For further clarification
regarding this application or more information regarding boards and commissions please call 206-433-1850.
Boards & Commissions Application
Page 3
Professional/Community Activities (organizations, clubs, service groups, etc.):
- Social Media Manager and Planner for Vietnamese Student Association of Foster High School
- Chapter Head (Founder) for Letters For Rose Tukwila-Seatac Chapter
- English Tutor for ENGin Program
- Receiving training for Phone Worker Youth Crisis Specialist for Teen Link
- Reading Coach Job for Team Read
- Advised the Minds Matter Seattle Board & stakeholders on the hiring of ED position.
Hobbies/Interests:
- Reading and writing
- Literature
- Volunteering, organizing, and community work
- Psychology and Psychiatry
- Neuroscience
- Criminology
- Badminton
Other comments/additional information for consideration:
I am an avid learner, this opportunity would be very beneficial for my experiences. I have many
skills that can be used in the commission and board to fully maximize their potential. I am a very
resposible student and I have had many academic achievements to show for it. I was recently
accepted into the Harvard Pre -College program as well as John Hopkin's for high school students.
I can assure all parties involved that I will devote my time and effort properly to contribute as much
as I can.
Please note that upon submission, all information on this document becomes public record. For further clarification
regarding this application or more information regarding boards and commissions please call 206-433-1850,
7
8
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
10/03/22
JR
ITEM INFORMATION
ITEM NO.
6.C.
9
STAFF SPONSOR: CYNDY KNIGHTON
ORIGINAL AGENDA DATE: 10/03/22
AGENDA ITEM TITLE Green River Trail Improvements
Contract No. 22-099, Amendment No. 1
CATEGORY ❑ Discussion
Altg Date
Motion
Date 10/03/22
❑ Resolution
Mtg Date
❑ Ordinance
M 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 signed a contract with KPFF Consulting Engineers to develop obligation
SUMMARY documentation for the Transportation Alternatives Program (TAP) grant. Staff recommends
supplementing their existing contract with an amendment to package the PS&E documents
into ad -ready bid documents, provide construction services and construction management.
Council is being asked to approve Amendment No. 1 to Contract 22-099 with KPFF
Consulting Engineers in the amount of $273,977.69.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 10/03/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$273,977.69 $1,297,000.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/03/22
MTG. DATE
ATTACHMENTS
10/03/22
Informational Memorandum dated 09/16/22
2021 CIP Page 11
KPFF Supplemental Agreement
Minutes from Transportation and Infrastructure Committee meeting of 09/19/22
9
10
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: Cyndy Knighton, Senior Program Manager
CC: Mayor Ekberg
DATE: September 16, 2022
SUBJECT: Green River Trail Improvements
Project No. 91810403
Contract No. 22-099, Amendment No. 1
ISSUE
Approve Amendment No. 1 for Contract 22-099 with KPFF Consulting Engineers for the Green River Trail Improvements
project in the amount of $273,977.69 to package the Plans, Specifications, and Estimate (PS&E) documents, provide
Construction Support Services (CSS) and Construction Management (CM).
BACKGROUND
In 2007, the City selected KPFF Consulting Engineers to design the Tukwila Urban Center Pedestrian/Bicycle Bridge over
the Green River. The design of the bridge and associated landings was completed, and the bridge began constructed in
2016 and was fully open by the end of the 2017. At the time the project went to bid, the associated improvements along
the Green River Trail between the western bridge landing and Christensen Road were removed due to budget constraints.
The City has been applying for grant funding to complete the trail improvements, which were fully designed and permitted
since 2018. Earlier this year, the City received notification that a recent grant application to the Transportation Alternatives
Program (TAP) for the trail improvements was successful. The City accepted the grant on June 6, 2022.
An original contract was approved and signed with KPFF in the amount of $13,612.12 to develop a construction cost
estimate and number of project working days prior to for the TAP grant obligation packet, which had a deadline of August
31, 2022.
DISCUSSION
As KPFF completed the design and assisted with the obligation documents, staff recommends supplementing their existing
contract with an amendment to package the PS&E documents into ad -ready bid documents and provide construction
support services and construction management once construction begins in 2023. The plan sheets will be checked for
completeness and the specifications and estimate will be updated to current information.
FINANCIAL IMPACT
The project budget is $1,297,000 which includes the TAP grant award of $989,000 and City match of $308,000. The project
budget is sufficient to cover the cost of the contract with KPFF. Project construction is estimated to be $922,559.23, which
is within the total project budget.
KPFF Original Contract
KPFF Supplemental
Total
Cost Estimate
$13,612.12
273,977.69
$287,589.81
Project Budget
TAP Grant $ 989,000.00
City Match 308,000.00
$1,297,000.00
RECOMMENDATION
The Council is being asked to approve the Amendment No. 1 to Contract 22-099 with KPFF Consulting Engineers in the
amount of $273,977.69 and consider this item on the Consent Agenda of the October 3, 2022 Regular Meeting.
ATTACHMENTS: 2021 CIP Page 11
KPFF Supplemental Agreement
11
12
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Green River Trail Improvements Project No. 91810403
Construct a widened trail section between the west landing of the Southcenter Pedestrian Bridge and the
DESCRIPTION: shared use path on Christensen Road. Includes illumination, CCTV, and provides the fiber connection to
the Pedestrian Bridge for operation of CCTV and communication to the light controllers and ped/bike counter.
JUSTIFICATION: Wider trail section is needed to accommodate the intermingling of trail and bridge users by providing a
wider trail and improved safety features.
STATUS: Designed and permitted as part of the TUC Pedestrian/Bicycle Bridge.
MAINT. IMPACT: Reduced pavement repairs, increased maintenance for illumination and CCTV upkeep.
Project is a subset of the TUC/TOD Ped Imprvmt Project (90710405), the TUC Ped/Bike Bridge Project
(90510403) and Baker Blvd Non -Motorized (91610409). All permitting and mitigation was completed as part of
the Ped Bridge project. Permitting expires in 2022, delays past this date would need new permit approvals.
PSRC grant application in 2018 unsuccessful. Apply for ped/bike grant in 2020.
COMMENT:
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
°"\`\�~
Project Location
-
6156 S\'\\�•feli
•=
�e��
/�.
S 16S
St
Design
74
•
S
160 St
74
Land (R/W)
--,'l
-,
0
Const. Mgmt.
a
200
_
W lb
� E
upland or
Midland Or
200
Construction
1,000
V Tmand or,
JJ
1,000
TOTAL EXPENSES
0
0
74
1,200
0
0
0
0
0
1,274
FUND SOURCES
1
, ,frif,
m
,�i � ate_
$
i
Awarded Grant
0
Proposed Grant
66
900
966
Mitigation Actual
0
Traffic Impact Fees
0
City Oper. Revenue
0
0
8
300
0
0
0
0
0
308
TOTAL SOURCES
0
0
74
1,200
0
0
0
0
0
1,274
2021 - 2026 Capital Improvement Program
11
13
°"\`\�~
Project Location
-
6156 S\'\\�•feli
•=
�e��
/�.
S 16S
St
_
�j\Witi
•
S
160 St
r
Tukwila
Pkwy
Ati irriak
--,'l
-,
i'w�°Treak.
g.
kinkier SlW
a
_
W lb
� E
upland or
Midland Or
V Tmand or,
JJ
..
S180St
i
I
1
, ,frif,
m
,�i � ate_
$
i
2021 - 2026 Capital Improvement Program
11
13
14
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
22-099
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and KPFF Consulting Engineers
That portion of Contract No. 22-099 between the City of Tukwila and KPFF Consulting
Engineers is hereby amended as follows:
Section 2:
2. The Consultant agrees to perform the services, identified on Exhibit "A-1" attached hereto,
including the provision of all labor, materials, equipment and supplies.
Section 3:
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, 2023, 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, 2023 unless an extension of such time is granted in writing by
the City.
Section 4:
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-1" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $287,589.81without express written modification of the Agreement signed
by the City.
All other provisions of the contract shall remain in full force and effect.
CA Reviewed May 2020
Page 1 of 2
15
Dated this
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
22-099
day of , 20
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor Printed Name:
ATTEST/AUTHENTICATED APPROVED AS TO FORM
Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
CA Reviewed May 2020
16
Page 2 of 2
Exhibit A-1
Scope of Work
Green River Trail Improvements
Repackaging Plans, Specifications, and Cost Estimate (PSE) and Construction
Management
PROJECT DESCRIPTION
The Tukwila Urban Center project created a multi -use pedestrian and bicycle corridor that
connected the Sounder Station with the Tukwila Transit Center. A portion of the Green River
Trail reconstruction west of and along the south bank of the Green River within this corridor
was designed but previously eliminated from these projects. This unimproved portion of the
Green River Trail, between Christensen Road and the west landing of the new pedestrian
bridge will be reconstructed with this project, finalizing the last leg of the Tukwila Urban Center
connection corridor.
PROJECT OBJECTIVES
The overall objective of this project is to prepare construction Plans, Specifications, and Cost
Estimate and provide construction management services for trail improvements from the west
landing of the new pedestrian bridge to the east side of Christensen Road. The trail will be paved
in concrete matching the general finish of previous improvements along the west side of
Christensen Road, and maintain access and loading requirements for maintenance of the Green
River bank by the United States Army Corp of Engineers (USACE). The project team is made
up of the following firms:
Owner
Prime Consultant
Civil Engineering
Structural Engineering
Urban Design
Landscape and Irrigation
Illumination
Surveying
Environmental and Permitting Services
Construction Management
ASSUMPTIONS
City of Tukwila
KPFF Consulting Engineers
KPFF Consulting Engineers
KPFF Consulting Engineers
KPG Psomas
KPG Psomas
KPG Psomas
KPG Psomas
Landau Associates
KPFF Consulting Engineers
• There is no Right -of -Way acquisition required for this project. The trail alignment will be
adjusted so all permanent construction is outside adjacent parcel property boundaries.
• There is no permitting work for this contract. Previous permitting was done for the entire
corridor project. All environmental mitigation was constructed as a part of the bridge
construction. Existing permits are still in place and unexpired or renewed, and the project
does not have any need for permit updates.
• There is no Geotechnical Engineering included for this project. The previous geotechnical
investigation and proposed surfacing will be used.
17
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 2
• There is no survey included for this project. The previous survey base mapping and
adjacent design will be used.
SCOPE OF WORK
The following is a scope of work for the repackaging of the plans, specifications, and estimated
construction costs (PSE) and construction support and management phases of the project.
Task No. 1.0 — Project Management and Administration
Task No. 1.01 — Project Schedule
A project repackaging and construction schedule shall be created in Microsoft Project that
spans from the notice -to -proceed for the work to repackage the PSE documents and perform
construction management and construction support services during project construction.
The schedule shall be updated on an as needed basis. The schedule will incorporate time
requirements for bidding, award, and construction contract notification to proceed as
provided by the City.
Task No. 1.02 — Design Team Subconsultant Agreements
Consultant shall prepare Subconsultant contract agreements.
Task No. 1.03 — Progress Reports
A progress report form shall be provided to each team member. This form shall be filled out
on a monthly basis and submitted with the invoice for the work described in the progress
report. Consultant shall compile the reports into a single document to be submitted to the
City with the associated monthly invoice.
Task No. 1.04 — Invoices
Team members are to prepare monthly invoices for work completed. Consultant shall
compile the invoices into a single document to be submitted to the City. The anticipated
contract duration is 15 months.
Task No. 1.05 — Team Meetings
The Consultant team shall meet with the City a maximum of four (4) times to discuss project
issues, schedule, progress, and general coordination of effort. The Consultant team shall
meet internally as needed to coordinate project tasks and design.
Deliverables
• Project schedule with monthly updates
• Monthly progress reports and invoices
• Team meetings
o Participation in project meetings with the City (assume 4 meetings)
18
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 3
o Participation in internal consultant team meetings with the City (assume 4
meetings)
Task 2.0 — Basemap Creation
Consultant shall update the previous topographic survey by integrating previous proposed work
for Tukwila Pedestrian Bridge approach and Christensen Road sidewalk improvements.
Deliverables:
• Revised basemap in AutoCAD V20.dwg format.
• Basemap flattened to zero elevation for plan use.
• Drawing set will use previous benchmarks and horizontal control, basis of bearing,
property lines, and legend.
• Deliverable will be AutoCAD V20 .dwg file and .pdf.
Task 3.0 — Project Workshops
Task No. 3.01 — Internal Team PSE Kick -Off Meeting
The team shall meet to discuss the previous work completed on the project and develop an
approach to move forward to be shared and discussed in a project kick off meeting with the
City.
Task 4.0 — Environmental and Permitting Services
Not Used
Task 5.0 — Civil Engineering
Consultant shall perform the civil engineering support work necessary to complete construction
documents for the project.
Task No. 5.01 — Site Preparation and Demolition
Consultant shall identify demolition and other site preparation work necessary for the
construction of the trail Improvements.
Task No. 5.02 — Horizontal and Vertical Control and Layout
Consultant shall revise the construction horizontal and vertical alignment for the pedestrian
trail to clear all private property boundaries. This work shall also include design and layout
19
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 4
of other related facilities such as ADA landings necessary for the pedestrian trail to tie to
existing grades at the pedestrian bridge and Christensen Rd.
Task No. 5.03 — Grading and Paving
Consultant shall develop the necessary typical sections and proposed terrain model, and
establish finish grade and grading limits for the improvements. Cross sections will be created
at a 25 -foot interval showing the existing and proposed grades.
Assumptions
• No finish grade contours are included in this work. All grades will be established with
the proposed horizontal alignment, vertical alignment, and typical section.
Task No. 5.04 — Temporary Erosion and Sedimentation Control
KPFF shall prepare temporary erosion control plans and details. Plans will be prepared to a
format consistent with the KCSWDM and the City's standard details.
Assumptions
• Construction Plan Details sheets will only include special construction.
• Standard Details for the City of Tukwila and/or the Washington State Department of
Transportation (WSDOT) will be referenced on the Plans, but will not be included in
the plan set detail sheets. Applicable Standard Plans will be included within
Appendices of the Specifications.
• General notes are not included in this work.
• Stormwater drainage Technical Information Report (TIR) prepared previously for this
project is still valid. No update of the TIR is included.
Task No. 5.05 — Utilities
• Consultant shall design necessary relocations for City owned or privately owned
utilities disturbed by the project.
• Consultant shall coordinate identification of utility relocations for any franchise utilities
being disturbed within public Right of Way (R/W).
Assumptions
• Private utilities shall be located by survey, and locating utilities is not included within
this task.
• Standard Details for the City of Tukwila and/or the Washington State Department of
Transportation (WSDOT) will be referenced on the Plans, but will not be included in
the plan set detail sheets. Applicable Standard Plans will be included within
Appendices of the Specifications.
20
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 5
• Potholing for determining utility depths is not included in this work. The City will be
responsible for coordinating with the utility companies to perform any required
potholing.
• Necessary utility relocations will be shown on the Storm and Utility Plans. Due to the
small amount of anticipated work, separate utility plans are not included at this time.
• Work addresses existing utilities. No new utility construction is currently included in
this work.
Task No. 5.07 — Temporary Traffic Control
Consultant shall design necessary roadway signing for trail closure and detour for
construction of the trail.
Assumptions
• Standard Details for the City of Tukwila and/or the Washington State Department of
Transportation (WSDOT) will be referenced on the Plans, but will not be included in
the plan set detail sheets. Applicable Standard Plans will be included within
Appendices of the Specifications.
Deliverables (Electronic and Hard Copies)
• Anticipated Civil Plan Sheets (Sheet Count: ±10)
o Cover Sheet
o Sheet Legend
o Legend and Abbreviations
o Site Preparation (2 sheets)
o TESC Plans (2 sheets)
o TESC Detail (1 sheet)
o Roadway Sections (1 sheet)
o Plan/Profile sheets (2 sheets)
o Paving Detail (1 sheet)
o Drainage (0 sheets)
o Drainage Detail (0 sheet)
o Utility (1 sheets)
o Utility Detail (1 sheet)
o Temporary Traffic Control Plan (2 sheets)
o Temporary Traffic Control Detail (1 sheet)
• Draft 100 Percent Plan Submittal:
• draft 100% level plan set (.pdf - 22 x 34)
21
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 6
• 100 Percent Plan Submittal:
• Response to City 100% Comments (3 copies)
o 100% level plan set (.pdf - 22 x 34)
o Response to City/WSDOT Comments (3 copies)
• Final PS&E Submittal:
o Final plan set (.pdf - 22 x 34)
Task 6.0 — Structural Engineering
KPFF shall provide structural engineering support for the Plans, Specifications, and Estimate
(PSE) design phase of the Green River Trail Improvements project.
Task No. 6.01 — Trail Design
KPFF shall provide structural engineering support for the PSE design of the trail.
Components of the trail design shall include the following items:
• Review of previous geotechnical reports
• Light pole foundations
Task No. 6.02 — Miscellaneous Structures
Consultant shall provide structural engineering for the PSE design of miscellaneous
structures.
Miscellaneous structures shall include the following items:
• Decorative wall footings and foundation
Deliverables (Electronic and Hard Copies)
• Anticipated Structural Plan Sheets (Sheet Count: ±1):
o Wall Footing and Foundation Detail
o Light Pole Foundation Detail
• draft 100 Percent Plan Submittal:
o Draft 100% level plan set (.pdf - 22 x 34)
o Response to City draft 100% Comments (3 copies)
• 100 Percent Plan Submittal:
o 100% level plan set (.pdf - 22 x 34)
o Response to City / WSDOT Comments (3 copies)
• Final Plan Submittal:
22
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 7
o Final plan set (.pdf - 22 x 34)
Task 7.0 —Illumination, Urban Design, and Landscape
Understanding
Trail alignment will be revised to ensure trail is within existing trail easement and ROW
(outside of private property to the south edge of the trail).
Revised trail alignment will necessitate revisions to current design including:
• Planting revisions
• Irrigation - including revisions to integrate trail system with existing system Phase 1
• Illumination - light fixtures will need to be verified as to the type and if still available.
This may incur additional work to make sure the layout is adequate for the new
fixtures
Consultant will provide QA/QC for each submittal.
Task No. 7.01 — Illumination
Consultant shall provide draft 100%, 100%, and Final illumination plans for the trail, and
connection to existing illumination system for the adjacent bridge. Work includes evaluating
pedestrian lighting fixtures to confirm specified fixtures are current and available, and review
and revise, as necessary, conduits, wiring, and coordination of electrical power connection
services with local power company. The Consultant shall review and republish previous
lighting performance evaluation throughout the project using the AGi32 illumination model.
Task No. 7.02 — Trail Urban Design
Consultant shall provide draft 100%, 100%, and Final Plans for trail urban design layout and
surface treatments (Civil engineering by KPFF) wayfinding sign relocation, and site elements
(i.e. litter receptacles, benches, decorative walls, etc.).
Task No. 7.03 — Landscape and Irrigation
Consultant shall provide draft 100%, 100%, and Final Plans for planting design and irrigation
design (including irrigation controller, water source point of connection) for restoration along
trail section.
Deliverables
• Anticipated Sheets:
o Trail Landscape Plans and Details and Hardscape Details
o Trail Enlarged Landscape Plans and Details and Hardscape Details
o Trail and Bridge Lighting Plan and Details
o Site Furnishing/ Plan and Details
23
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 8
• draft 100 Percent Plan Submittal:
o draft 100% level plan set (.pdf - 22 x 34)
o Response to City draft 100% Comments (3 copies)
• 100 Percent Plan Submittal (.pdf - 22 x 34)
o Draft Final plan set (.pdf - 22 x 34)
o Response to City/WSDOT Plan comments (3 copies)
• Final Plan Submittal (.pdf - 22 x 34)
o Final plan set (.pdf - 22 x 34)
Task 8.0 — Right -of -Way Services
This task shall only include necessary documentation for temporary construction easements, if
needed. The Consultant shall prepare legal exhibits (stamped diagram and brief legal
description) for temporary construction easements for 2 parcels bounding the south side of the
trail. Temporary Construction Easements will be executed with the land owner by the City.
Task 8.01 — Temporary Construction Easement Documentation
Consultant shall provide legal descriptions and exhibit maps for two parcels.
Assumptions:
• No formal Right -of -Way Plans are included at this time as there is no Right -of -Way
acquisition as a part of this project.
• No Title Report updates are included at this time. Title reports for 2 adjacent parcels
are available from previous phase.
Task 9.0 —Cost Estimate
Task 9.01 — Updates to Cost Estimate
Consultant shall recompile and verify construction quantities for work identified on the Plans.
Backup documentation shall be included for item quantity takeoffs. The cost estimate shall
be based upon WSDOT Standard Specifications and Standard Item Table. The unit prices
shall be updated for current bid process
24
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 9
Consultant shall verify the estimate of construction working days required for the construction
previously calculated.
Consultant shall update the quantity takeoffs and cost estimates based on City and WSDOT
review comments.
Assumptions
• City shall provide copies of their latest bid tabulations for recent public works
contracts.
Deliverables (Electronic and Hard Copies)
• Draft 100 Percent Submittal:
o Updates Estimated Quantities and Associated Costs (.pdf)
o Estimated Construction Duration
o Response to City Review Comments
• 100 Percent Submittal:
o Updates Estimated Quantities and Associated Costs (.pdf)
o Response to City/WSDOT Review Comments
• Final PS&E Submittal:
o Final Cost Estimate
o Estimated Quantities (documentation .xls and .pdf)
Task 10.0 —Specifications
Consultant shall compile specifications for civil work and update to current 2022 WSDOT
Standard Specification. Draft 100% submittal shall include all special provisions required for the
bid items identified as well as City of Tukwila Division 10, GSP's required for federal funding, and
a bid proposal form. Draft 100% submittal will be reviewed by the City. Consultant will integrate
City comments and resubmit to City with 100% submittal. The City will forwarded to WSDOT
with the Plans for Local Programs review. Final Submittal shall integrate WSDOT comments,
provide responses to WSDOT review comments, integrate all City comments, and publish for
review. Upon final review by City, a Final set of specifications will be published and provided to
the City for advertisement.
Assumptions
• City shall provide all Division 01 documents and Contract Boilerplate for federal
funding.
• City shall provide all other City Special Provisions applicable to the project.
• City shall submit 100 percent specifications and Plans to WSDOT for review for
Federal Requirements.
25
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 10
Deliverables (Electronic and Hard Copies)
• Draft 100 Percent Submittal:
o Draft Specifications (.doc and .pdf)
• 100 Percent Submittal:
o 100 percent Specifications (.doc and .pdf)
o Response to City/WSDOT Specification comments (.xls)
• Final Submittal:
o Final Specifications (.doc and.pdf)
Task 11.0 —Bid Support Services
Consultant shall respond in a timely manner to all Bidder questions forwarded by the City.
Consultant shall prepare descriptions of addenda items, revised plans, and revised specifications
as necessary, and provide these documents in .pdf format to the City to respond to bidder
questions.
Assumptions
• City shall field all questions and formalize correspondence to bidders for responses.
Deliverables (Electronic and Hard Copies)
o Electronic .pdf versions of all revised documents.
o Conformed set of Plans integrating all revisions during bidding period
o Confirmed Specifications integrating all revisions during bidding period.
Task 12.0 — Construction Support Services
The project team will provide construction support to the City as the project design is completed
and the project goes to advertisement and then construction. Tasks include attending four (4)
construction meetings and site visits, answering four (4) Contractor's requests for information
(RFI), and twenty (20) submittal reviews.
Task 13.0 — Construction Management Services
Task No. 13.01 — Pre -Construction Services
KPFF will attend the bid opening. Following execution of a construction contract with the
successful bidder, KPFF will facilitate a virtual pre -construction meeting. KPFF will provide
26
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 11
a Zoom link and will send invitations to attendees. KPFF will assist in preparing the list of
attendees, attend and facilitate the pre -construction meeting, and prepare and distribute
meeting minutes to stakeholders.
Task No. 13.02 — Contract Administration
KPFF will perform project management functions including contract administration,
communications with City, coordination of staff and subconsultants, and invoice
preparation. Facilitate communications and maintain an accurate record of
correspondence with City, Contractor, and stakeholders. Prepare and distribute
correspondence as needed. Develop project tracking logs specific to this contract and
compile required federal funding documentation. Track certified payroll submittals and
perform wage interviews with laborers.
Task No. 13.03 — Weekly Progress Meetings
KPFF will facilitate weekly virtual construction meetings with the Contractor. Task includes
preparation of meeting agendas, facilitation of schedule updates from Contractor tracking
against contract milestones, and preparation and distribution of meeting minutes to Owner,
Contractor, and stakeholders.
Task No 13.04 — Submittal Review / Recommendations
KPFF Construction Management team will provide preliminary review of submittals or
conformance with the Plans and Contract Provisions, and distribute to design team for
review. KPFF will develop submittal tracking log and track status of all submittals.
Task No. 13.05 — Changed Conditions/RFI/Change Orders
KPFF Construction Management team will review Contractor Requests for Information
(RFI) and design change requests, then make initial determination if Contractor needs to
provide further information prior to design team review, or distribute to appropriate party.
KPFF will prepare and process construction field directives and resultant change orders.
Track all changes to the approved Plans and Contract Provisions. Coordinate, negotiate,
and issue change orders, along with all documentation for the change including summary
sheet, creating an independent cost estimate, gathering Contractor's cost estimates and
proposals, and writing a finding of fact.
KPFF will develop RFI and change tracking logs and track status of all RFIs and change
items.
Task No. 13.06 — Contractor Payment Applications
27
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 12
KPFF will prepare and approve progress payment applications. KPFF will track all unit
price items for each pay application and compile all relevant backup documentation. Verify
that Contractor is maintaining redline drawings and that they are current at the time of pay
application. Make recommendation and submit paperwork to Owner for payment to the
Contractor.
Task No. 13.07 — Site Construction Observation
KPFF will monitor and document the Contractor's work and daily activities for compliance
with plans and contract provisions. Provide copies of the daily reports to Owner,
Contractor, and stakeholders, indicating the status and compliance of the Contractor's work
with the Plans and Contract Provisions.
Observe traffic patterns and monitor safe traffic control procedures in compliance with
approved traffic control plans during construction.
Observe the technical conduct of construction, including providing day-to-day contact with
the construction Contractor, Owner, utilities, and other stakeholders, and monitor for
adherence to the Contract Documents.
Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes, and notify construction Contractor of noncompliance.
Advise Owner of all non -conforming work observed during site visits.
Evaluate and facilitate corrective action to issues which may arise related to the quality and
acceptability of material furnished, work performed, and rate of progress of work performed
by the Contractor.
Provide a daily construction inspection report for each day construction is observed
(Inspector's Daily Report/IDR), including but not limited to photo documentation, inspection
and testing data, summary of the work for the day, and traffic control for each aspect of the
construction activity.
Task No. 13.08 — Special Inspection / Testing
KPFF will provide special inspections/testing using subconsultants. KPFF will coordinate
special inspections and testing, review the work of the Field Representative(s) and testing
laboratories in the observation and testing of materials used in the construction, document
and evaluate results of testing, and inform Owner and Contractor of deficiencies.
Document and log the locations, dates, and results of inspections and testing.
28
Exhibit A — Scope of Work
Tukwila Urban Center, Green River Trail
Page 13
Task No. 13.09 — Substantial Completion/Final Inspection/Physical Completion
KPFF will facilitate the project completion process by performing inspections of work and
making a determination of Substantial Completion. Develop a written list of remaining
deficiencies and provide the punch list to the Contractor for corrective actions. Coordinate
with the Contractor for the Operational Testing of all mechanical, electrical, irrigation, and
other systems identified in the Plans and Contract Provisions.
Upon notification from the Contractor of completion of the punch list items and Operational
Testing, perform a Final Inspection. Once any corrective measures are satisfactorily
completed and inspected, make a recommendation to Owner for the project Physical
Completion Date.
Coordinate inspections and closeout with the City.
Task No. 13.10 — As -Built Drawings
KPFF will coordinate and deliver to the design team a set of the Contractor's As -Built
Drawings. The Contractor shall be responsible for the content and accuracy of the
provided information. KPFF will review on a monthly basis, verify that content matches
what the construction inspector has observed in the field, and review the final set of As -
Built documents to confirm they are complete before delivering to the design team.
Task No. 13.11 — Project Closeout Documentation / Completion Date
KPFF will compile project closeout documents including final payment, QC reports, 0 & M
manuals, inspection reports, and Contractor review forms. Compile all documentation from
the Contractor required by the contract and governing laws. Once the documentation is
accepted, provide a written final acceptance / contract completion letter to Owner.
Construction Management Assumptions
• Project is federally funded.
• Proposal incorporates anticipated level of effort for a 125 -day contract, which
assumes an 80 working day inspection period, plus preconstruction services prior to
start of construction and contract closeout, and administrative services throughout.
• Construction working days are assumed to be Monday through Friday. KPFF
anticipates providing full-time site presence during construction.
• Project meetings include (1) bid opening, (1) preconstruction conference, (16)
weekly construction progress meetings, and (2) close-out walkthroughs. KPFF
anticipates facilitating all meetings including development and distribution of
agendas and minutes.
29
Principal
Project Manager
Lead Civil Engineer
Structural Engineer
Design Engineer
CADD Manager
Project Coordinator
$75.73
$76.88
$53.79
$78.00
$39.71
$48.98
$32.18
EXHIBIT B-1
KPFF Consulting Engineers
CONSULTANT FEE DETERMINATION
SUMMARY OF COST
GREEN RIVER TRAIL IMPROVEMENTS
Classification
DSC Subtotal
Overhead (OH) Cost
Total Hours X Rate
20.00 X
124.00 X
186.00 X
32.00 X
72.00 X
82.00 X
31.00 X
X
X
OH Rate x DSC of 140.56% X $31,421.72
Fixed Fee (FF)
FF Rate x DSC of 30.00% X $31,421.72
Reimbursables
Mileage (Miles)
Courier
Parking
(Blank)
Subtotal
200
4
0
(Allowance)
X
X
X
$0.625
$75.00
$20.00
Consultant Costs
Subconsultant Costs (See Exhibits E)
Cost
$1,514.60
$9,533.12
$10,004.94
$2,496.00
$2,859.12
$4,016.36
$997.58
$0.00
$0.00
$31,421.72
$44,166.37
$9,426.52
$125.00
$300.00
$0.00
$0.00
$425.00
$85,439.61
$188,538.08
GRAND TOTAL:
$273,977.69
30
Assistant Project Manager
Daily Site Inspector
Project Coordinator
0.00
0.00
0.00
Project Manager
EXHIBIT E-1
KPFF SPD - Construction Management Services
CONSULTANT FEE DETERMINATION
SUMMARY OF COST
GREEN RIVER TRAIL IMPROVEMENTS
Classification
DSC Subtotal
Overhead (OH) Cost
Total Hours X Rate = Cost
163.00 X $51.92 = $8,462.96
122.00 X $46.88 = $5,719.36
640.00 X $39.81 = $25,478.40
83.00 X$34.62 = $2,873.46
0.00 X $0.00 = $0.00
0.00 X $0.00 = $0.00
0.00 X $0.00 = $0.00
X = $0.00
OH Rate x DSC of 140.56% X $42,534.18
Fixed Fee (FF)
FF Rate x DSC of 30.00% X $42,534.18
Reimbursables
Mileage (miles)
Courier
Parking
Inspections (TBD)
Subtotal
2,000
1
X $0.625
X
X
LS $10,000.00
$42,534.18
_ $59,786.04
_ $12,760.25
$0.00
Totals
$1,250.00
$10,000.00
$11,250.00
Subconsultant Total: $126,330.48
31
EXHIBIT E-1
KPG
CONSULTANT FEE DETERMINATION
SUMMARY OF COST
GREEN RIVER TRAIL IMPROVEMENTS
Classification
Senior Survey Tech
Urban Design Manager
Project Landscape Architect
Landscape Technician
Senior Illumination Engineer
Project Illumination Engineei
CADD Tech
Office Admin
DSC Subtotal
Overhead (OH) Cost
Total Hours X Rate = Cost
20.00 X
77.00 X
90.00 X
104.00 X
56.00 X
70.00 X
22.00 X
10.00 X
$45.12
$66.02
$49.85
$33.48
$70.35
$56.59
$45.34
$32.24
OH Rate x DSC of 136.59% X $23,175.14
Fixed Fee (FF)
FF Rate x DSC of 30.00% X $23,175.14
Reimbursables
Mileage (miles)
Courier
Parking
(Blank)
Subtotal
200
4
0
0
X $0.625
X $75.00
X $20.00
$0.00
_ $902.40
$5,083.54
_ $4,486.50
_ $3,481.92
_ $3,939.60
_ $3,961.30
_ $997.48
_ $322.40
$23,175.14
_ $31,654.92
_ $6,952.54
$125.00
$300.00
$0.00
$0.00
$425.00
Subconsultant Total: $62,207.61
32
Total Cost per
Sub Task
N CO
O V
(O (0
co co
0 9)
N
40-
E9 E9
CO CO
LO CO
V
4
M,
N M
E9 E9
$ 5,029.98
CO
O
M .
(O
V
(O
r r
r r
7
CO
0 .
r
N
N
.
E9 E9
.
E9
N
O) V
(O 1)
CO M
CO (0
, U)
6 3,122.72
6 952.97
CO
O) .
N
0
0
CO
N
co
CV-
. .
.
. r
$ 1,109.19
$ 1,109.19
. .
6969
E9E96969
E9 E9
E9 E9
E9
69. 696r...
E9 E96969
E969E9696969
Fee (0.3)
$ 114.98
$ 284.46
$ 259.97
$ 351.70
I0)
N
LO
E9
(0
O '
E9 6969
.
6909
r r
E9
4)
N .
LO
N
r
r
090909
.
OMD CO
V O
CO M
CO
N co
(O 9)
V O
M
a-
R '
,
•-
O
oD
CO
N
. .
.
$ 122.99
$ 122.99
.
<AE9
69 69
E9
H?E9
E9 E9
E9 09
0969
0969
E9 090909
(O
o
7
....7.,
2
0
O O
1.-- COI
W N
co
4,M
E9 E9
$ 1,218.04
$ 1,647.81
9
M
CO
N
E9
V
O)
0.-:04
M
M
rr
6 1,183.37
6 -
r
r .
E9 E9
E9
$ 865.99
$ 2,954.70
0 CO
M O
9)
(NO V
CO
(O
d'
(MI)
N
N
O)
0(01
7 7
N N
(O (O
((0 (f
E9 E9
E9 E9
E9 E9
E9 E9
E9 E9
E9 E9
E9 E9
E9 E9
E9 E9
E9 096969
,,.....
E9
Total Direct
Salary Cost
(f)
N N
M (0
0 4
M O)
E9 E9
$ 866.56
$ 1,172.32
0
O)
(f)
co
E9
2,388.97
i -
.
r .
0
O)
r
V
CO
r
.
E9 E9
.
E9
0 O)
O
CO N
a- 0
CO L-•-
N
N. N
N
4 N
LO (I)
M
CO
CO
O .
00
M
860.29
i -
. .
. .
. r
CO CO
O) O)
O) Qi
0 0
-7 7
E9 E90969
.
66 o�
E9 E9
E9 E9
E9 E9
E9
E9 E9
E9 E9
E9 E9
66-m
6969
E969
be- 69
Total Hours
(1) I-
16
24
0
CO
41
0
0 0
0 0
14
0
0
0 0
0
N 0-
, CO
23
7
0
17
0
0 0
0 0
0 0
CO CO
0 0
Project
Coordinator
N
0)
�
CADD
Manager
K Weber
V
V W
(0 V
V
N
N N
Design
Engineer
A Rempe
N
V V
CO N
CO
Structural
Engineer
N
U
W
O]
V V
Lead Civil
Engineer
T Guebert
N
N
,.
N
N (O
V
N
V
Project
Manager
L Wind
V 0
V I�
N
C
N CO
N,
,
N
Principal
R Leimkuhler
N
N
N
0
C5
O
Z
Description
Project Management
Project Schedule
Subconsultant Agreements
Progress Reports
Invoicing
Team Meetings
Basemap Creation
Develop new basemap
Project Workshop
Kickoff Meeting
Evironmental and Permitting Services
Team and Agency Pre -application Meeting
Shoreline Permit Submittal
Civil Engineering
She Prep and Demo
Horizontal and Vertical Control and Layout
Grading and Paving
Temporary Erosin and Sedimentation Control
d
5
Temporary Traffic Control
Structural Engineering
Trail Elements
Miscellaneous Structures
0
.
Ri
1-
N
0 0
r a-
M 7
0 0
r a-
(A
0
r
0
(VM,
N
1-
N
0
.
A
1-
N
0 CO
M M
CO
0
M
0
if,
y
N
1-
N
0 0
V V
CO
0
V
0
.0,
.
N
1-
N
0 0
N (A
M e}
0 CO
(n ((f
CO CO
0 0
(n ((f
1`
0
(!f2
0
O
0
1-
, N
0 0
(O (O
33
0
X
W
0
C
0
E
u)
0
0
Q
E
1-
45
>
dE
4)
m OD
m f0 N
= 3 r
D 26
W H O
34
Total Cost per
Sub Task
69 E9
E9
i 208.01
i 208.01
..
..
i iN'
0
M
CD
69 E9
E9 E9
CO
V
M
0
V
CO'
E9 69
$ 1,785.18
$ 3,473.48
LO
N
(D
N
M
49
$ -
$ 499.07
$ 499.07
,-
O
0)
1.
<-9
$ 1,580.29
r
M
r
69
i 998.15
> 1,996.30
i I.
i
i
69 en
E9 E9
69 E9
69 E9
et, os
69. E9
E9 69
E9
O
LL
:c:1!)
(n (n
60
O O
CO CO
N N
E9 69
N
N '
0)
E9 49
69 49
e7-
CO)
W
M
69 69
$ 197.94
$ 385.14
CNI
V
N
(D
M
E9
am
CO
• 1.10
Y)
69 69
M
to
0)
69
CO
1-
CO
69
N
IA
0-
e--
69
$ 411.78
CO M
O e -
e- 04
0 N
69 49
69- E9
09 vi
E9 E9
69 69
969
69
G.
Y)
a
2
0
E9 EA
E9
6 108.06
6 108.06
to E9
E9 Eo-
E9 E9
(0
N
N
CO
E9 E9
E9 E9
$ 1,804.52
$ 927.43
$ 1,804.52
$ 1,698.08
CO
N
0)
NN
69 69
CO
N
D)
69
$ 410.49
$ 820.98
.,1-
CO
O)
m
E9
6 518.55
6 1,037.11
E9 E9
E9 69
E9
......
c9.
Total Direct
Salary Cost
E9 09
EH
$ 76.88
$ 76.88
E9 E9
E9 ER
E9 EH
$ 307.52
E9 E9
W
M
co
N
E9 69
$ 659.81
$ 1,283.81
$ 1,208.08
CO
d
V
CO
e-
E9 E9
$ 184.46
$ 292.04
CO
O
4
CO
u)
E9
e -
CO
N
r
CO
69
368.92
737.84
E9 69
E9 E9
En -
90
Total Hours
00
0
0 0
0 0
0 0
0 0
fl 0
0 0
O O
o D)
00
0 M
M
(D
0
e-
09
N
(D N
,-
0 0
0 0
0
Project
Coordinator
.ch
CADD
Manager
Design
Engineer
Structural
Engineer
CO
W
c0
Lead Civil
Engineer
co
CO CO
Go
cv
c9
�
m
co
v co
Project
Manager
O
N
N N
N
e-
e-
e-
N
V
N R
Principal
d
O0
Z
Description
Illumination, Urban Design, and Landscape
Illumination
Trail Urban Design
Landscape and Irrigation
Right -of -Way Services
Temporary Construction Easement Documentation
Cost Estimate
Cost Estimate
draft 100 percent
Construction Working Days Duration
100 percent
LL
C
0
m
y
D.
CO
Specification Preparation
Contract Boilerplate
Bid Proposal Form
0
o
WSDOT GSP
Special Provisions
Bid Support Services
Response to Bidder Questions
Addendum Preparation
0
r
y
F
o o
n r
CO
0
Y
H
o
o
0
T
y
1—
0
0
0
N
H
O
0
—
N___
1-
N M
0 0 0
V' LL)
0 0
s_
(O A
0 0
Sheet 5 of 11
Total Cost per
Sub Task
3,992.60
1,996.30
7,458.15
6,932.50
1,414.16
6 -
$ 85,014.61 I
696969096909
603 09690969
�CF-,
try. Ur,
V,...
696969
Fee (0.3)
0 LD
M
A
N(D
V 0) N
V N
N- CO
07 CD
CO
N CO
CO A
0
CO
CO
LO
69636969
$ 9,426.52
696969696969696969
(9 6969(969(969
z., --,
O
U.,'�
o
O
7
_
2
0
N ‘-
CV
d'
0 M
O O
N
6 3,874.62
6 3,601.54
6 734.68
6 -
699969
$ 44,166.37
6969636969696969696969
63696,
lzr,......
Total Direct
Salary Cost
6 1,475.68
737.84
6 2,756.56
6 2,562.28
COCO
N
L0
69
69 63
69
N
n
N
C7
09
63 69
63 69
69 69
63 69
63 69
69
...
m 6,69
Total Hours
N N
60
44
0 0
0 0
0
0 0
0 0
0 0
0 0
0 0
0
547
N
D
2
0, N
O 7
M
J
CO
69
$ 44,166.37
$ 75,588.09
$ 9,426.52
$ 85,014.61
4'
O
W
69
Project
Coordinator
M
32.18
997.58
1,402.20
2,399.78
299,27
2,699.05
N
O
0)
(0
O
N
63
CADD
Manager
D
O
00) co
W CO
V
0
O
69 6999
0 (0 0)
LO
CO co
CO CO
COO
7 CO
O CO
N O0
COO
CD
CO
CO
O
[9
99 69
69
Design
Engineer
O
V
A
1
Di Di
CO to
OD
00 O
n O
CO IA
y- IA
O CO
V V
r CD
r L,
Ln CO
CO Ds
00.
CO
N
M
D-
69 69
99 69
69 69
69
Structural
Engineer
N
M
$ 78.00
$ 2,496.00
$ 3,508.38
$ 6,004.38
$ 748.80
$ 6,753.18
00
M
1-
I. -
US CD
63
Lead Civil
Engineer
CD W
CO CO
t
00
Cb
0)
r (T
M 0
0 0
0
69
,f CO
O OO
N (0
0 0
0 o
N
(0f`
V M
0 (0
0 0
O o
co N
D -
M
(0
CO
0
N
69
99 E9
69 (39
69
Project
Manager
W
Cg Cg
00 CV
W
(D M
I-- M
0)
(T)
69
LD 1-
r COOO
0) N
O) M
M Ci)
CO N
',- N
d'
D OO
0) N
0) 0)
(O 0)
N ('4
N
00
N
CT
ti
Ml
N
69
69 E9
69 (39
69
Principal
N
CO O
r o
cr,M
0- V
I` v-
L
696969636969
Al N
D) LO
0) (0
09 O
N co-
00 O
CO O)
V
) 0)
«0)
V O
V
0
CO
0)
CT
O
63
U
o
•O
Z
D
LO
O
,I-
,-
O
CO
Description
Construction Support Services
Construction Meetings
Site Field Visit
Submittal Review
RFI
-F, L
S
d
Construction Management
Total Hours per Person
Current Hourly Rates
Direct Sala Cost DSC
Overhead Cost (1.4056 of DSC)
DSC+OH
Fee (0.3 of DSC)
Fully Burdened Cost
Sub -Total Burdened Labor Cost
0
yN
N
F
0 N
0
r
CO "Cr
0 0
N N
a- a-
CD
0
N
a-
0
tr,(0
1-
N
0 0
M M
,- ,-
M V
0 0
M M
,- ,-
Cf) CO
0 0
M M
,- ,-
C.- co
0 0
M M
,- ,-
0)
0
M
,-
M
REIMBURSABLES
O
Lti0.1
63
O
63
E9
E9
O
U
LO
CO
O
1.6
69
O
N
ER
7
W
l9
W
J
O
N
O
ari
001
Ql
0
0
O
Sub -Total Direct Expenses
KPFF Total Project Costs
35
KPFF SPD
fA
N
E
N
O
L
Q
E
r
N
a— 0
W L
m cu N
§
UJ H o
36
Fee (0.3)
6)
CO
1�
I�
69
CO
V
V
69
$ 1,055.81
$ 673.78
$ 750.29
V
6)
O
CO
69-
$ 7,643.52
$ 112.51
$ 168.77
$ 112.51
.,-
L6
N
69
$ 12,760.25
OH (1.4056)
7
CO
fH
$ 6,754.98
co
cD
0)
V
64
$ 3,156.87
M
Lri
LO
M
69
V
N
00
N
69-
$ 35,812.44
$ 527.16
$ 790.73
CO
1`
LO
(+T
$ 527.16
O
(0
1.
0)
(6
(A
Total Direct
Salary Cost
(0
0)
L6
N
d3
$ 4,805.76
$ 3,519.36
0)
Lf0
V
N
N
EH
$ 2,500.96
V
(D
M
O
N
lA
$ 25,478.40
O
6
N-
M
ER
$ 562.56
O
LD
1-
CO
EH
$ 375.04
$ 42,534.18
Total Hours
CD
V
O
r
80
50
N
LO
40
640
00
N
a-
CO
CO
1008
Sub -Totals
CO
V
M
L6
N
V
69
$ 59,786.04
N
N
O
N
M
N
O
69
L6
N
O
(D
N-
N
‘—
is
$ 115,080.48
$ 115,080.48
6969
69
69-
69
69
Project
Coordinator
M
N
CO
N
M
C6
CO
83
N
CO
V'
M
(A
(D
V
M
1`
CO
N
69
$ 4,038.94
$ 6,912.40
V
co
N
CO
CO
(R
$ 7,774.43
$ 7,774.43
Daily Site
Inspector
640
640
CO
6)
CO
(F3
$ 25,478.40
V
<F
N
co
M
(R
$ 61,290.84
N
(.6
M
R
co
(R
$ 68,934.36
$ 68,934.36
Assistant
Project
Manager
CO
CO
A-
N
V
N
a-
CO
CO
N
a-
CO
CO
N
N
.l
$ 46.88
CO
M
O
L6
69
M
',-
O
M
O
(10
K3
$ 13,758.49
CO
6
,—
(F1
$ 15,474.30
O
M
V'
1Ot
V
Lei
69
Project
Manager
M
64
N
M
N
M
N
M
(0
O
N
0)
A-
(i3
CD
0
CV
•=1-
c6 W
E9
$ 11,895.54
$ 20,358.50
$ 2,538.89
$ 22,897.38
$ 22,897.38
N
N
O
Z
0
LO
O
a
0
O
Description
Project Management
Construction Management
Pre -Construction Services
Contract Administration
Weekly Progress Meetings
Submittal Review / Recommendations
Changed Conditions / RFI / Change Orders
Contractor Payment Applications
Site Construction Observation
Special Inspection / Testing
Substantial Completion / Final Inspection / Physical
Completion
As -Built Drawings
Project Closeout Documentation / Completion Date
Total Hours per Person
Current Hourly Rates
Direct Salary Cost (DSC)
Overhead Cost (1.4056 of DSC)
IDSC+OH
Fee ( 0.3 of DSC)
Fully Burdened Cost
Sub -Total Burdened Labor Cost
O
-IC
C00
F
c
ea
F-
O
M
a-
N
O
,-
@
M
O
,-
`V
O
s-
L()
O
pi
(0
O
ei
1�
O
vi
CO
O
ri
01
O
pi
O
ei
a -
,-
vi
REIMBURSABLES
N
O
F
O
L6
N
(»
O
O
O
64
N
O
c.)
LO
CV
CD
O
(R
U
C
C
R
O
O
N
6)
0)
0
00
H
c
(0
c
O
0
0
(1)
a
s
C
0)
1-
O
a)
n
c
(0
U
(1)
EFT
Sub -Total Direct Expenses
Sheet 7of11
Total Cost per
Sub Task
$ 702.43
$ 13,002.46
CO
N
LC)
0)
en-
$ 6,076.56
0
(0
(0
CO
I—
(fl
(R
$ 5,509.90
M
V
M
0)
W
(0
64
I.
V
r
O
,en-
$ 1,522.06
I�
VV
O
H3
O
fA
$ 115,080.48 I
37
Sheet 8 of 11
38
Total Cost per
Sub Task
O
O
M
N
69 63
O (fl
OO Ltd
N (T
O 0
N
63 63
co
<—
6
CO
CO
V
fA
(O
V '
O,
N
69 69
69
CO tai
CO (f3 63
69 69
69 69
69 69
63 69
69
6/4 69
6/4 69
64 69
6/4 69
69 64
69 69
69 69
G
�
Ci
LL
CO
W
n
ER HT
N N
O) rn
n COM
NLO(
69 69
CO
r
LO
63
O)
69 63
69
M 64
69 64 69
69 C9
69 C9
69 C9
,, ER
69
EH 63
69 63
69 63
69 63
63 E9
63 E9
63 E9
O
COn
'1.
0
M
d
CO
CO
N
6969
$ 270.53
$ 1,073.71
4
..1-
O
0
V
N
L9
, .
, .
, .
M
co
CO
CO
69 9
»
69 69
69
, ,
, ,
, i
0909090909
Fri (»e»
(»e»
(»
09
9 »
» en
09 v>
E» en
E» en
E» en
Total Direct
Salary Cost
$ 196.52
CO OO
O O
(T co
,— r--
63 69
V
V
LO
r`
63
N
(0
OD
v
69 69
69
69 69
69 69 69
69 69
69 69
69 69
63 69
69
69 69
64 69
64 64
69 69
69 69
69 69
69 69
w
gO
O
2
:7,
H
V
co (O0
M
0
0 0
0 0
co O
O
O O
O
O O
O O
O O
O O
O O
O O
O O
O O
O O O
N
U C
0 Q
N
m
CADD Tech
Project
Illumination
Engineer
(o
N
Senior
Illumination
Engineer
co
N
Landscape
Technician
Project
Landscape
Architect
N
Urban Design
Manager
N
CO CO
CO
N
�
O
U)
T
N L
d
CJI
d
0
Z
Description
Project Management
Project Schedule
Subconsultant Agreements
Progress Reports
Invoicing
Team Meetings
Basemap Creation
Develop new basemap
Project Workshop
Kickoff Meeting
Evironmental and Permitting Services
Team and Agency Pre -application Meeting
Shoreline Permit Submittal
Civil Engineering
Site Prep and Demo
Horizontal and Vertical Control and Layout
Grading and Paving
Temporary Erosin and Sedimentation Control
Utilities
Channelization and Signing
Temporary Traffic Control
Land Use
Structural Engineering
Trail Elements
Miscellaneous Structures
0
Y
r
N
0 0
a-; a-
M er'
0 0
,z a-
LA
0
,z
0
N
Y
N
7
N
0
1.,
Y0
N
1-
N
0
M M
th
0
M
0
Yo
2
1-
N
0
V' V
M
0
V'
0
y
K
1-
N
0 0
L(> N
M of
0 0
.i N
LA CO
0 0
.i N
, OD
0 0
N .i
0
N
1-
N
(G Ca
W
L
X
W
Total Cost per
Sub Task
69 69
11,407.60
11,004.94
11,004.94
S -
0
V
N
99 69
64 d>
N
N
69 69-
(O
N
N
N
N-
69 69-
CV
N-
V
‘-
dT
69
69
03
64
69
V
V
V
co
O
d-
CO
CO N
o o
M
N
69 69
69
69
69 69
69 69
69 69
69 69
69
M
O
N
LL
E0 ER
N
r V
M CO
CO co
N N
(y _
V
CO
M
N
En -C.a
i
(A 69
d -J 69
N
r
O
rd'
N
_ dT
dT de-
M
r
O
N
6A dj
O
rn
r(fJ
dT dj
0-
r
(O
09
(n
09
i
99
de-
En
O
M
O
dT
O
M
M W
co (O
N
d -T e
69 69
69 En
69
de-
T
CO '-'1
0
di d>
. 0 0
. V
V CO
W o
0
V
CO
o
O
In
(N')
N
r
6969
69 69
O
O
M
0. d)
$ 628.29
$ 754.77
En
(n
69
(n
99
$ 4,275.87
,
M N
O ON
O N
r
69-
696969th
69 En
0.d)
69 de
69- 69
de- 69-
d>
Total Direct
Salary Cost
69 69
4,279.08
4,128.04
9t
0
N
V
<99
$ 902.40
be. 69
N
d
M
O
69 EA
$ 459.98
CO
((J
0
l
d-
63
69
69
69
69
d
d
M
M
de-
444.62
6 893.82
69
69
69 69
69 69
69 69
69 69
69
Total Hours
0 0
0 0
!- O
0 0
O
0 0
0 0
20
0
0 0
0 CO
0 0
r-
0
9-
0
0
0
0
0
N
(n
CO O
N
0 0
0 0
0
0
d C
V
0 Q
CADD Tech
(O (O
(O
Project
Illumination
Engineer
to
M
V
V
N
�
N N
Senior
Illumination
Engineer
O
N
N
N
co
Landscape
Technician
O
O
N
O
Project
Landscape
Architect
N
N
V
N
N
(O
V N
Urban Design
Manager
O
N
O
N
N
N
CO
.V (V
O
CO
N L
V
d
CI)
0
N
d
0
Z
Description
Illumination, Urban Design, and Landscape
Illumination
Trail Urban Design
Landscape and Irrigation
Right -of -Way Services
Temporary Construction Easement Documentation
Cost Estimate
Cost Estimate
draft 100 percent
Construction Working Days
100 percent
Specifications
Specification Preparation
Contract Boilerplate
Bid Proposal Form
0
o_
0
WSDOT GSP
Special Provisions
Bid Support Services
Response to Bidder Questions
Addendum Preparation
Construction Support Services
[Construction Meetings
0
A
Y
F
N
0 0
r r
co
0
0
O
Y
H
O
W
o
O
Y
F
O
6f
O
—0
1—
O-
O
N,_,_
0
O
N
0
N1-
39
Sheet 10 of 11
40
Total Cost per
Sub Task
is
N
co
r
co
Vs
ev 0,
.0,
.0,
0,
e» v>
EA VT
EA V)
EA VT
e» 6969
O
d
LL
v
N
co
(O
VA
EA EH
_ (A
_ (A
(A (A
64 63
64 63
64 63
64 63
64 63
EA
T
N
t0
M
Z
0
.
. .
. .
. .
. .
i
$ 31,654.92
EH co,-
EH co,-
EH V)
EH co,-
V3 Vf
(A Vf
(A Vf
CA 63
EH 63
EH
Total Direct
Salary Cost
Lfi
M
N
VT
EA (4
EA (4
EA (4
EA 4,
EA (4
EA
EA 64
ER EA
ER EA
ER EA
Total Hours
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0
449
Sub -Totals
$ 23,175.14
i 31,654.92
i 54,830.06
01 CO
N N
O o
O
0
COCO(0
o
t0
m
e» ua
w
(U C
E
O'O
a
O
V 0
N .4Y
co N
CO
r r
M r
V 0
V r
N 0)
r V
0)
W
00
1(O')
m
CADD Tech
N
N
M OV60
(n r
V O7
O
0)
N O7
(O (t)
M CO
I CV-
CO
N
O O
07 60
N CO
00
0
(0
ID
Vi (A
,/
V) (A
V) EA
V!
Project
Illumination
Engineer
70
0) 0
1.0 M
CO
(n
0)
(r
(h
r 0
O N
.- r
V co
o (r
0) M
M
N O
o co
,- 0oLti
N- o
M
V
O
t0
0
O
eno
to -o
to- to
Vs
Senior
Illumination
Engineer
56
i 70.35
i 3,939.60
i 5,381.10
i 9,320.70
CO of
CO (n
0) N
N O
O
10,502.58
Landscape
Technician
104
V O
M (0
co N
V
(h
(0 CO
(0 r
(0 co
r N
V N
(O V
4 N
0 co
0 N
,— 05
V
00
t0
N
tT
Project
Landscape
Architect
O
O
II, O
CO (0
m co
V W
V
0 O
N V
N(0
(0 (o
m O
(0 60
O (0
In O
V CO
co d)
(0
(O
O
CO
at
V) Vi
Vi Vi
V3 V)
E9
Urban Design
Manager
77
N V
O (1)
co M
co 0)
0
In
CO (0
M r
0) N
O) 0
(O N
CO
O N
(0 N
N (0
(f) (0
co'
N
tV
(0
N
M
H
49 EA
69 EA
69(A
` T
_O t0 .
O 0
O)
O
N
04 O0
,j-
(1) N
CO CO,
Li, 0,L-
N V
N- N V
N
N
r .-
O (0
u~
N
(0
N
69 69
E4 69
E4 69
44
6m
O
Z
0
M
o
O
CO
Description
Site Field Visit
Submittal Review
RFI
Punchlist
Construction Management
ITotal Hours per Person
Current Hourly Rates
Direct Salary Cost (DSC)
Overhead Cost (1.3659 of DSC)
DSC+OH
Fee (0.3 of DSC)
Fully Burdened Cost
Sub -Total Burdened Labor Cost
N eM
0 0
V IDtV
0 0
0
a
0 0
0'f V
0 0
(0 t0
0 0
r 00
0 0
Of
0
a-
f-
REIMBURSABLES
0)
O
N
6r3-
co
»
(0
EH
O
Ei3
O
C
42
42
(0
W
W
0
C
O
N
00
O
0
0
C
0
w
0
afOi
0
U
o_
To
O
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
Septemberl9, 2022 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Kate Kruller, Chair; Mohamed Abdi, Tosh Sharp
Staff Present: Hari Ponnekanti, Griffin Lerner, Brittany Robinson, Seong Kim, Mike
Perfetti, Cyndy Knighton, Sherry Edquid, Vicky Carlsen
Acting Chair Sharp called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. 2023-2024 Budget: Residential & Arterial Streets (103 and 104 Funds)
Staff presented the proposed budgets.
Committee Recommendation
Discussion only. Forward to September 26, 2022 Committee of the Whole.
B. Grant Award: Stormwater Management Action Plan
Staff is seeking Council approval to accept $72,353.00 from the Washington State
Department of Ecology Water Quality Combined Funding Program to fund a portion of the
Stormwater Management Action Plan.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
C. Grant Award: Stormwater Quality Retrofit Project
Staff is seeking Council approval to accept $1,176,341.00 from the Washington State
Department of Ecology Water Quality Combined Funding Program to fund a portion of the
Stormwater Quality Retrofit Project.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
Chair Kruller entered the meeting room during Item D.
D. Contract Amendment: Green River Trail Improvements
Staff is seeking Council approval of Amendment No. 1 to Contract 22-099 with KPFF
Consulting Engineers in the amount of $273,977.69 for additional work on the Green River
Trail Improvements Project.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
41
42
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
10/03/22
JR
ITEM INFORMATION
ITEM NO.
6.D.
43
STAFF SPONSOR: SHERRY EDQUID
ORIGINAL AGENDA DATE: 10/03/22
AGENDA ITEM TITLE 2022 GIS Utility Inventory
Design Consultant Selection and Agreement
CATEGORY ❑ Discussion
Mtg Date
Motion
Date 10/03/22
❑ Resolution
Mtg Date
❑ Ordinance
M 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 Staff issued a Request for Proposal (RFP) to six firms with project familiarity in May. Two
SUMMARY firms submitted proposals. The proposals were scored according to predefined criteria by a
selection committee in June. DEA was the highest-ranking firm among the committee
members and staff worked with DEA in July and August to negotiate a contract. Council is
being asked to approve a consultant agreement with DEA in the amount of $199,970 for the
2022 GIS Utility Inventory.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 09/19/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$199,970 $320,000.00 $0.00
Fund Source:
Comments: 2021 CIP Pages 61, 69, & 92
MTG. DATE
RECORD OF COUNCIL ACTION
10/03/22
MTG. DATE
ATTACHMENTS
10/03/22
Informational Memorandum dated 09/16/22
2021 CIP Pages 61,69, & 92
GIS Inventory Contract
Minutes from Transportation and Infrastructure Committee meeting of 09/19/22
43
44
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Sherry Edquid, Project Manager
CC: Mayor Allan Ekberg
DATE: September 16, 2022
SUBJECT: 2022 GIS Utility Inventory
Project No. 80241201, 80540202, 81640104
Design Consultant Selection and Agreement
ISSUE
Approve a contract with David Evans and Associates (DEA), Inc. to provide geographic information system (GIS) asset inventory
services.
BACKGROUND
The GIS mapping inventory establishes city wide as -built records for the public water, sewer and stormwater assets such as pipes,
catch basins, pump stations, hydrants, and valves. City maintenance and operations staff utilize GIS mapping to locate utilities for
maintenance and needed repairs. Design staff utilize this information when designing utility projects or other right-of-way projects
in the vicinity of these assets. This information is often the subject of public records requests. Assets need to be updated regularly
as new public and private projects that affect public systems occur. Additionally, there is a backlog of existing assets that need to
be cataloged into the GIS inventory, as the last inventory took place from 2017 to 2018.
ANALYSIS
Public Works staff issued a Request for Proposal (RFP) to six firms with project familiarity in May. Two firms submitted proposals.
The proposals were scored according to predefined criteria by a selection committee in late June. DEA was the highest-ranking
firm among the committee members and Staff worked with DEA in July and August to negotiate a contract. DEA previously
completed the GIS Utility Inventory for the City in 2017 and 2018. Staff continues to be very satisfied with their work.
FISCAL IMPACT
The City's CIP allocates funding on an annual basis for water and sewer asset inventory and approximately every other year
for surface water asset inventory. All three enterprise funding sources will be utilized for this contract. DEA has provided a
cost estimate not to exceed $199,970.00 to preform GIS services. GIS Services will be paid for with enterprise funds from
Water, Surface Water, and Sewer GIS Inventory CIP budgets.
GIS Inventory Cost Estimate 2022-2023 Budget
Water System $66,656.00 $150,000.00
Surface Water System 66,656.00 100,000.00
Sewer System 66,658.00 70,000.00
Total $199,970.00 $320,000.00
RECOMMENDATION
Council is being asked to approve a consultant agreement with DEA in the amount of $199,970 for the 2022 GIS Utility
Inventory and consider this item on the Consent Agenda at the October 3, 2022 Regular Meeting.
ATTACHMENTS: 2021 CIP Pages 61,69, & 92
GIS Inventory Contract
45
46
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: GIS Inventory of Water System Project No. 81640104
The GIS (Geographic Information System ) will provide current as -built data for the Tukwila water system.
DESCRIPTION: The database will include fire hydrants, valve locations, approximate water line locations, date of installation,
and material type.
The GIS mapping will provide information on the water system that is easily accessible by City staff
JUSTIFICATION: and the public. With GIS data, the City will be able to develop an asset management plan to determine
the water assets needed to be upgraded or replaced.
STATUS: Combined Asset Management System began in 2017. Ongoing project.
MAINT. IMPACT: The survey will provide staff with -up -date information on the location of water line features.
COMMENT:
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Design
205
50
100
50
100
50
100
300
955
Land (R/W)
0
Const. Mgmt.
5
5
10
Construction
50
50
100
TOTAL EXPENSES
205
0
50
100
50
100
105
100
355
1,065
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
205
0
50
100
50
100
105
100
355
1,065
TOTAL SOURCES
205
0
50
100
50
100
105
100
355
1,065
Project Location:
Entire System
2021 - 2026 Capital Improvement Program
62
47
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: GIS Inventory of Sewer System Project No. 80540202
DESCRIPTION: GIS (Geographic Information Systems) provides current as -built data for the sanitary sewer system in the
Central Business District. This project will expand the as -built database for Tukwila's entire sewer system.
GIS mapping of the sewers will provide information that is easily addressable by City staff and the public. With
JUSTIFICATION: the GIS data, the City will be able to develop an asset management plan to determine the sewer assets that
need to be upgraded or replaced.
STATUS: The GIS Inventory will be continually updated, mostly in-house, to improve the accuracy of the existing system.
MAINT. IMPACT: The survey will provide staff with up-to-date information on the location of manholes for the sanitary sewers.
COMMENT:
Ongoing project.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
Project
Entire
L,ocation:
System
40
1
v.
1
J
r
El
Design
248
75
10
50
20
50
100
50
400
1,003
Land (R/W)
0
Const. Mgmt.
0
Construction
0
TOTAL EXPENSES
248
75
10
50
20
50
100
50
400
1,003
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
248
75
10
50
20
50
100
50
400
1,003
TOTAL SOURCES
248
75
10
50
20
50
100
50
400
1,003
48 2021 - 2026 Capital Improvement Program
69
Project
Entire
L,ocation:
System
40
1
v.
1
J
r
El
48 2021 - 2026 Capital Improvement Program
69
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Surface Water GIS Inventory Project No. 90241201
80241201
The GIS (Geographic Information Systems) inventory establishes citywide as -built drawings for the public
DESCRIPTION: drainage systems. This is an ongoing project as all CIP and development infrastructure improvements will
need to be mapped.
JUSTIFICATION: State NPDES requirements include provisions for permitted jurisdictions to compile accurate drainage
system maps for all outfalls 24" or greater.
STATUS: GIS mapping was completed citywide in 2013. Future contracts will keep maps up to date as projects
change the existing system. Combined Asset Management System scheduled for 2017.
MAINT. IMPACT: GIS information will allow maintenance to better track storm facility maintenance needs.
COMMENT: National Pollution Discharge Elimination System (NPDES). Department of Ecology grants for NPDES permit.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Design
1,673
100
100
150
2,023
Land (R/W)
0
Const. Mgmt.
0
Construction
0
TOTAL EXPENSES
1,673
100
0
100
0
150
0
0
0
2,023
FUND SOURCES
Awarded Grant
218
218
Proposed Grant
0
Mitigation Actual
100
100
Mitigation Expected
0
Utility Revenue
1,355
100
0
100
0
150
0
0
0
1,705
TOTAL SOURCES
1,673
100
0
100
0
150
0
0
0
2,023
2021 - 2026 Capital Improvement Program
92
49
50
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 David Evans and Associates 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 professional
services in connection with the project titled Sanitary Sewer, Stormwater and Water
Distribution GIS Inventory and Update .
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, 2023 , 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, 2023 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 $199,970 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.
51
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
52
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
53
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:
Adam LaPlant
14432 SE Eastgate Way, Suite 400
Bellevue, WA 98007
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
54
Page 4
DATED this day of , 20
CITY OF TUKWILA CONSULTANT
Allan Ekberg, Mayor
By: 0l?/w
Printed Name: Adam LaPlant
Title: Associate
Sean Douthett, Vice President
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised May 2020
Page 5
55
56
EXHIBIT A
CITY OF TUKWILA
Sanitary Sewer, Stormwater and Water Distribution GIS
Inventory and Update
Scope of Services
Prepared by:
David Evans and Associates, Inc.
14432 SE Eastgate Way, Suite 400
Bellevue, WA 98007
August 17, 2022
57
TABLE OF CONTENTS
TASK 1.0 PROJECT DESCRIPTION, DELIVERABLES AND ASSUMPTIONS 1
1.1 Project Description 1
1.2 Project Deliverables Furnished by CONSULTANT 1
1.3 Responsibilities and Services Provided by CLIENT 1
1.4 Project Assumptions 2
TASK 2.0 PROJECT MANAGEMENT AND QUALITY CONTROL 2
2.1 Project Management 2
2.2 Monthly Invoices/Progress Reports 2
2.3 Project Kick-off Meeting and Progress Meetings 2
2.4 Quality Assurance/Quality Control Review 3
2.5 Change Management 3
TASK 3.0 SANITARY SEWER GIS INVENTORY 3
3.1 Field Review 3
3.2 Data Collection 3
3.3 Sanitary Sewer As -Built Research 3
3.4 Geodatabase Update 4
TASK 4.0 STORMWATER GIS INVENTORY 4
4.1 Field Review 4
4.2 Data Collection 4
4.3 Stormwater As -Built Research 4
4.4 Geodatabase Preparation 4
TASK 5.0 WATER DISTRIBUTION GIS INVENTORY 4
5.1 Field Review 4
5.2 Data Collection 5
5.3 Water Distribution As -Built Research 5
5.4 Geodatabase Update 5
TASK 6.0 ADDITIONAL PROJECT WORK 5
5.1 Contingency Budget 5
City of Tukwila
Sanitary Sewer, Surface Water and Water Distribuition GIS Inventory and Update
58
Scope of Services
August 17, 2022
TASK 1.0 PROJECT DESCRIPTION, DELIVERABLES AND ASSUMPTIONS
1.1 Project Description
The City of Tukwila (CLIENT) is requesting professional services from David Evans and Associates, Inc.
(CONSULTANT) to inventory and update the Sanitary Sewer, Stormwater, and Water System Geographic
Information System (GIS).
The major features of the project include:
Sanitary Sewer:
Y Sewer Manholes
Y Sewer Pipes
Y Sewer Pump Stations
Stormwater:
Y Catch Basin
Y Pipes and Ditches
Y Stormwater Pump Stations
Y Stormwater Detention Ponds
Y Stormwater Vaults
Y Drain Points
Water Distribution:
Y Water Lines
Y Water Valves
Y Water Meters
Y Fire Hydrants
Y Water Vaults
Y Water Risers
Y Post Indicator Valves
Y Fire Department Connections
Y Air Release Valves
Y Corp Stops
1.2 Project Deliverables Furnished by CONSULTANT
CONSULTANT shall deliver the following documents and products to CLIENT as part of this agreement:
* Electronic copy of the updated GIS geodatabase.
* Structure and site photos.
* Structure data sheets.
CLIENT will have the opportunity to review each of the deliverables. CLIENT review documents will be
returned with subsequent revision, illustrating that each review comment has been addressed as stated,
or how/why it was not addressed.
1.3 Responsibilities and Services Provided by CLIENT
CLIENT will:
* Provide electronic copy of the existing GIS geodatabase that is to be updated.
* Provide existing as -built plans, GIS maps and data, and other available mapping information.
City of Tukwila
Sanitary Sewer, Stormwater, and Water Distribuition GIS Inventory and Update
Scope of Services
August 17, 2022
59
60
Review all submittals made to the CLIENT within 15 working days, or as agreed, and return them
to the CONSULTANT with consolidated written comments regarding changes or revisions
needed.
1.4 Project Assumptions
* For any new assets collected the CONSLULTANT will defer to the City regarding
naming/numbering. No assets numbers will be changed, nor will assets be deleted from
database.
Mapping accuracy requirement for object locations is "mapping grade" (+/- 3 feet). Objects will
be mapped to "survey grade" accuracy (+/- 0.10 feet) throughout the project unless dense
vegetation or forested areas prevent the use of survey grade GPS equipment.
Horizontal datum will be NAD 83/91.
Vertical datum will be NAVD 88.
The project duration is assumed to be six (6) months.
TASK 2.0 PROJECT MANAGEMENT AND QUALITY CONTROL
2.1 Project Management
CONSULTANT will provide direction for staff and review of their work over the course of the project.
This work element includes preparing monthly progress reports to accompany monthly invoicing, that
will include the status of individual work elements, number of meetings attended, outstanding
information required, and work items planned for the following month.
CONSULTANT will monitor the project budget weekly throughout the course of the project. This work
element is intended to help monitor costs and budgets, and to propose corrective actions, if needed.
These actions may include formal requests for increases, modifications, or reductions in scope.
Drawings and documents received and generated over the course of the project require review,
coordination, and file management. The status of requested information will also be maintained.
2.2 Monthly Invoices/Progress Reports
Monthly invoices will be prepared by CONSULTANT per CLIENT requirements for work activities for the
prior month. These invoices will include SUBCONSULTANT work and will be accompanied by monthly
progress reports, back-up materials for expenses, and show approved budget and amount expended to
date.
Deliverables: Monthly invoices and progress reports (six (6) total).
2.3 Project Kick-off Meeting and Progress Meetings
After receiving notice to proceed, CONSULTANT will conduct a project team kick-off meeting with staff
expected to be involved in the project and key CLIENT staff. The meeting will be used to discuss critical
elements of the Scope of Work, the project schedule, document control, and Quality Assurance/Quality
Control (QA/QC) procedures; and to clearly define the roles and responsibilities of the project team
members.
This work element provides for the preparation, attendance, follow-up, and documentation of meetings
during the length of the project. These meetings will be the forums for CLIENT to provide input and
guidance for the direction of the project. They will also be used to discuss project issues, approve
submittals, and develop potential solutions.
City of Tukwila
Sanitary Sewer, Stormwater, and Water Distribuition GIS Inventory and Update
Scope of Services
August 17, 2022
CONSULTANT will prepare for, attend, and document up to six (6) meetings with CLIENT staff. The
CONSULTANT will attend one meeting every month with the CLIENT's project manager for the duration
of the project. The meetings will be held in a location acceptable to CLIENT and CONSULTANT.
Deliverables: Meeting Minutes (six (6) total).
2.4 Quality Assurance/Quality Control Review
This work element is for the QA/QC review of CONSULTANT deliverables by a designated QA/QC staff
member of the CONSULTANT team. CONSULTANT will assign a Quality Manager to the project that will
be responsible for ensuring that quality reviews are performed at stages throughout the project and on
all deliverables. The review will cover field and office work on an on-going basis. QA/QC documentation
will be maintained and filed with project records.
2.5 Change Management
Project Managers from CLIENT and CONSULTANT are responsible for managing changes to the scope
and schedule. CLIENT is responsible for the authorization of any changes to the scope, budget, and/or
schedule. Team members must ensure that work within their areas remains within the defined project
scope, schedule, and budget. When issues, actions, or circumstances occur that could cause a change in
scope, personnel, cost, or schedule, team members must communicate potential changes to the Project
Manager as early as possible. Project manager will determine whether the potential change issue will
lead to a change in scope, cost, or schedule.
CONSULTANT shall obtain written authorization from CLIENT before implementing any change to this
Scope of Services, schedule, or budget. All changes will be documented using the Project Change Form.
TASK 3.0 SANITARY SEWER GIS INVENTORY
3.1 Field Review
CONSULTANT will conduct an existing as-built/GIS review at the outset of the project to identify key field
conditions that may impact the field mapping including safety, traffic, and access issues. The procedures
required to complete the field survey will be determined and safety risks will be analyzed. Structures
requiring CLIENT assistance for traffic control to survey will be identified and will be scheduled to be
completed with other structures requiring traffic control.
3.2 Data Collection
CONSULTANT will field survey the location and collect attributes for sanitary sewer manholes and there
accompanying pipes. Photographs and supplemental measurement data sheets will be collected to
support project deliverables. Structure sizes and depths, pipe sizes, and invert elevations, etc. will be
measured in the field so that necessary database attribute information can be completed.
Field measurement data will be collected electronically in the field. Additionally, hard -copy structure
cards will be completed in the field with the same measurements so that a quality control check of the
information collected electronically in the field can be performed.
CONSULTANT will use CLIENT provided GIS database structure.
3.3 Sanitary Sewer As -Built Research
CONSULTANT will review research on existing utility information, provided by CLIENT, for inclusion in
the mapping. Where possible, CONSULTANT will use provided as -built records to prepare and pre -enter
attribute information to be field verified. This will make the field effort more efficient.
City of Tukwila
Sanitary Sewer, Stormwater, and Water Distribuition GIS Inventory and Update
Scope of Services
August 17, 2022
61
62
3.4 Geodatabase Update
CONSULTANT will use its field surveyed information, and the as -built research to update the CLIENT's
existing Geodatabase GIS files.
CONSULTANT will include metadata for the Geodatabase updates.
Deliverables: Electronic copy of the updated Geodatabase.
TASK 4.0 STORMWATER GIS INVENTORY
4.1 Field Review
CONSULTANT will conduct an existing as-built/GIS review at the outset of the project to identify key field
conditions that may impact the field mapping including safety, traffic and access issues. The procedures
required to complete the field survey will be determined and safety risks will be analyzed. Structures
requiring city assistance for traffic control to survey will be identified and will be scheduled to be
completed with other structures requiring traffic control.
4.2 Data Collection
CONSULTANT will field survey the location and collect attributes for storm drain features and their
accompanying pipes. Structure sizes and depths, pipe sizes and invert elevations, etc. will be measured
in the field so that necessary database attribute information can be completed.
Field measurement data will be collected electronically in the field. Additionally, hard copy structure
cards will be completed in the field with the same measurements so that a quality control check of the
information collected electronically in the field can be performed.
The CONSULTANT will use CLIENT provided GIS database structure.
4.3 Stormwater As -Built Research
CONSULTANT will review research on existing utility information, provided by CLIENT, for inclusion in
the mapping. Where possible CONSULTANT will use provided as -built records to prepare and pre -enter
attribute information to be field verified. This will make the field effort more efficient.
4.4 Geodatabase Preparation
CONSULTANT will use its field surveyed information, and the as -built research to update the CLIENT's
existing Geodatabase GIS files.
The CONSULTANT will include metadata for the Geodatabase updates.
Deliverables: Electronic copy of the updated Geodatabase.
TASK 5.0 WATER DISTRIBUTION GIS INVENTORY
5.1 Field Review
CONSULTANT will conduct an existing as-built/GIS review at the outset of the project to identify key field
conditions that may impact the field mapping including safety, traffic, and access issues. The procedures
required to complete the field survey will be determined and safety risks will be analyzed. Structures
requiring CLIENT assistance for traffic control to survey will be identified and will be scheduled to be
completed with other structures requiring traffic control.
City of Tukwila
Sanitary Sewer, Stormwater, and Water Distribuition GIS Inventory and Update
Scope of Services
August 17, 2022
5.2 Data Collection
CONSULTANT will field survey the location and collect attributes for water distribution features and
there accompanying pipes. Photographs and supplemental measurement data sheets will be collected
to support project deliverables. Structure sizes and depths, pipe sizes and invert elevations, etc., will be
measured in the field so that necessary database attribute information can be completed.
Field measurement data will be collected electronically in the field. Additionally, hard -copy structure
cards will be completed in the field with the same measurements so that a quality control check of the
information collected electronically in the field can be performed.
CONSULTANT will use CLIENT provided GIS database structure.
5.3 Water Distribution As -Built Research
CONSULTANT will review research on existing utility information, provided by CLIENT, for inclusion in
the mapping. Where possible CONSULTANT will use provided as -built records to prepare and pre -enter
attribute information to be field verified. This will make the field effort more efficient.
5.4 Geodatabase Update
CONSULTANT will use its field surveyed information, and the as -built research to update the CLIENT's
existing Geodatabase GIS files.
CONSULTANT will include metadata for the Geodatabase updates.
Deliverables: Electronic copy of the updated Geodatabase.
TASK 6.0 ADDITIONAL PROJECT WORK
6.1 Contingency Budget
This task provides contingency funds to support additional work. New projects will follow the scoped
guidelines stated above. This additional proposed work will require approval in writing from CLIENT
prior to charging to it.
City of Tukwila
Sanitary Sewer, Stormwater, and Water Distribuition GIS Inventory and Update
Scope of Services
August 17, 2022
63
1
2
3
4
5
6
7
8
9
64
Exhibit B
City of Tukwila
Sanitary Sewer, Stormwater, and Water Distribution GIS Inventory
David Evans and Associates, Inc.
Classification
Project Manager (PMGR/PLSU)
Quality Control Manager (PICH)
GIS Manager (GISM)
Survey Manager (SVYM)
GIS Technician (GIST)
Survey Technician (SVTE)
Party Chief (PCHF)
Administrative Assistant (ADMA)
Project Administrator (PADM)
Negotiated
Hrs. x Rate
Cost
182 $ 184.80
22 $ 274.12
62 $ 147.84
15 $ 200.20
361 $ 129.36
416 $ 98.56
416 $ 123.20
28 $ 98.56
28 $ 120.12
$33,634
$6,031
$9,166
$3,003
$46,699
$41,001
$51,251
$2,760
$3,363
Total Hrs. 1530
Salary Cost $ 196,907
Direct Expenses No. Unit Each Cost
days @ $1,350 $
days @ $1,350 $
Mileage 4,900 miles @ $0.625 /mil $ 3,063
miles @ $0.625 /mil $ -
Subtotal $ 3,063
Total Costs $ 199,970
Page 1 of 2
8/17/2022
Exhibit B
City of Tukwila
Sanitary Sewer, Stormwater, and Water Distribution GIS Inventory
David Evans and Associates, Inc. t 2 3 4 5 6 7 e 9
Work
Element #
Work Element
Project Manager
(PMGR/PLSU)
Quality Control Manager
(PICH)
GIS Manager (GISM)
Survey Manager (SVYM)
GIS Technician (GIST)
Survey Technician
(SVTE)
Party Chief (PCHF)
Administrative Assistant
(ADMA)
Project Administrator
(PADM)
DEA
Total
hrs
DEA
Total
$
% of
Total
Hours
Total Total Total Total Total Total Total Total Total
hrs hrs hrs hrs hrs hrs hrs hrs hrs
14
13
13
12
12
12
20
20
20
18
18
14
186
26
188
8
22
244
30
494
24
36
584
23
94
6
19
142
374
374
0.92%
0.85%
0.85%
0.78%
0.78%
0.78%
1.31%
1.31%
1.31%
1.18%
1.18%
0.92%
2.0
Project Management & Quality Control
2.1
Project Management
2.1a
Sanitary Sewer Inventory
8
6
$2,199
2.1b
Stormwater GIS Inventory
8
5
$2,079
2.1c
Water Distribution GIS Inventory
8
5
$2,079
2.2
Monthly Invoices/Progress Reports
2.2a
Sanitary Sewer Inventory
6
2
4
$2,138
2.2b
Stormwater GIS Inventory
6
2
4
$2,138
2.2c
Water Distribution GIS Inventory
6
2
4
$2,138
2.3
Project Kick-off Meeting and Progress Meetings
2.3a
Sanitary Sewer Inventory
8
2
2
8
$3,357
2.3b
Stormwater GIS Inventory
8
2
2
8
$3,357
2.3c
Water Distribution GIS Inventory
8
2
2
8
$3,357
2.4
Quality Control/Quality Assurance Review
2.4a
Sanitary Sewer Inventory
8
2
4
4
$3,012
2.4b
Stormwater GIS Inventory
8
2
4
4
$3,012
2.4c
Water Distribution GIS Inventory
8
2
4
$2,618
2.5
Change Management
2.5a
Sanitary Sewer Inventory
2.5b
Stormwater GIS Inventory
12.16%
1.70%
12.29%
0.52%
1.44%
15.95%
1.96%
32.29%
1.57%
2.35%
38.17%
1.50%
6.14%
0.39%
1.24%
9.28%
24.44%
24.44%
2.5c
Water Distribution GIS Inventory
$31,484
3.0
Sanitary Sewer GIS Inventory
3.1
Field Review
4
2
4
8
8
$3,431
3.2
Data Collection
10
8.
2
40
60
60
8
$22,700
3.3
Utilities As -Built Research
4
4
$1,257
3.4
Geodatabase Preparation
Work Element Total
4
22
8
2
8
"
'�'
$3.357
$30,745
4.0
Stormwater GIS Inventory
4.1
Field Review
4
2
8
8
8
$3,949
4.2
Data Collection
16
8
2
100
180
180
8
$58,181
4.3
Utilities As -Built Research
4
20
$3,326
4.4
Geodatabase Preparation
Work Element Total
4
8
2
22
$5,168
$70,624
28
.6 15.0 188 188;:
_„8.11..
5.0
Water Distribution GIS Inventory
5.1
Field Review
2
1
4
8
8
$2,861
5.2
Data Collection
2
4
20
32
32
4
$11,039
5.3
Utilities As -Built Research
2
4
$887
5.4
Geodatabase Preparation
Work Element Total
2
4
1
12
$2,713
8
$17,501
6.0
Additional Project Work
6.1
Contingent Budget
Work Element Total
34
34
4
4
4
1
91
91
120
120
120
120
$46,554
$46,554
EXPENSES -
$3,063
SALARY ESCALATION
PROJECT WORK ELEMENTS TOTALS
182 22 62 15 361 416 416 28 28
1530
$199,970
1oo.00%
Sanitary Sewer GIS Inventory Totals
52 6 22 6 64 68 68 12 10
308
$41,451
20.13%
Stormwater GIS Inventory Totals
58 6 22 6 158 188 188 12 9
647
$61,210
42.29%
Water Distribution GIS Inventory Totals
38 6 14 2 48 40 40 4 9
201
$27,692
13.14%
Additional Project Work
34 4 4 1 91 120 120
374
$46,554
24.44%
Page 2 of 2
8/17/2022 65
66
Transportation & Infrastructure Services Committee Minutes September 19, 2022
E. Contract Amendment: Chinook Wind Public Access Project
Staff is seeking Council approval of Amendment No. 2 to Contract No. 21-163 with J.A.
Brennan Associates, PLLC in the amount of $58,933.00 for design and construction support
for the project.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
F. Consultant Agreement: 2022 GIS Utility Inventory
Staff is seeking Council approval of a contract with David Evans and Associates, Inc. in an
*amount not to exceed $199,970.00 for geographic information system asset inventory
services.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
Miscellaneous
Chair Kruller mentioned that a resident has inquired about the status of the Sound Transit Boeing
Access Road station and has not heard back from the city. Staff will investigate and schedule a
future agenda item around this.
The meeting adjourned at 5:57 p.m.
Committee Chair Approval
Minutes by LH
67
68
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
10/03/22
JR
ITEM INFORMATION
ITEMNO.
6.E.
69
STAFF SPONSOR: MIKE PERFETTI
ORIGINAL AGENDA DATE: 10/03/22
AGENDA ITEM TITLE Surface
Contract
Water Fund — Chinook Wind Public Access Project
21-163 Amendment No. 2
CATEGORY ❑ Discussion
Mtg Date
Motion
Date 10/03/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
11
Mtg
SPONSOR ❑Council Mayor HR DCD Finance Fire TS P&R ❑Police PIF Court
SPONSOR'S In November 2021, the City entered into a consultant agreement with J.A. Brennan
SUMMARY Associates for design services for the Chinook Wind Public Access Project. An amendment is
required to provide minor changes in the scope of design and add construction support
services. Council is being asked to approve Amendment No. 2 to Contract 21-163 with J.A.
Brennan Associates, LLC in the amount of $58,933.00 for a total cost of $122,306.10.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 10/03/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$58,933.00 $188,000.00 $0.00
Fund Source: SURFACE WATER FUND
Comments: 2021 CIP page 91
MTG. DATE
RECORD OF COUNCIL ACTION
10/03/22
MTG. DATE
ATTACHMENTS
10/03/22
Informational Memorandum dated 09/16/22
2021 CIP page 91
J.A. Brennan Associates Supplemental Agreement No. 2
Minutes from Transportation and Infrastructure Committee meeting of 09/19/22
69
70
TO:
FROM:
BY:
CC:
DATE:
SUBJECT:
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
Transportation and Infrastructure Services Committee
Hari Ponnekanti, Public Works Director/ City Engineer
Mike Perfetti, Surface Water Sr. Program Manager
Mayor Allan Ekberg
September 16, 2022
Surface Water Fund — Chinook Wind Public Access Project
Project Number 91441202
Contract 21-163 Amendment No. 2
ISSUE
Approve Amendment No. 2 to Contract No. 21-163 with J.A. Brennan Associates, PLLC for design and construction
support services for the Chinook Wind Public Access Project.
BACKGROUND
In November 2021, the City entered into a consultant agreement with J.A. Brennan Associates for design services for
the Chinook Wind Public Access Project. This project will create a trail system, including a trail head, park furnishings,
signage and native landscape plantings within a 20' -wide trail easement skirting King County's Chinook Wind Mitigation
Project site. This trail will provide public access for park users to enjoy the shoreline and newly created habitat
restoration site.
ANALYSIS
J.A. Brennan is working towards the final design submittal, which will be delivered later in 2022, pending permit
acquisition. Construction timing is being coordinated with King County's construction schedule and the State
Recreation and Conservation Office (RCO), who is providing funding to this project. This amendment provides
compensation for minor scope changes to the design of the parking lot and drainage system and professional
construction support services such as contractor coordination, documentation review and record drawings.
FISCAL IMPACT
The original contract was approved by Council for $63,373.10 and amendment no. 1 was a no cost, time supplement
only. J.A. Brennan provided a cost estimate of $58,933.00 for amendment no. 2. The design and construction
management budgets in the Chinook Wind Public Access project CIP are sufficient to cover the costs of the contract
amendment. All CIP funds for this project will come from Surface Water enterprise funds.
Cost Estimate
Original Contract $63,373.10
Amendment No. 1 0.00
Amendment No. 2 58,933.00
Total $122,306.10
Fund Source
CIP Design
CIP CM
Project Budget
$109,000.00
79,000.00
$188,000.00
RECOMMENDATION
Council is being asked to approve a contract amendment with J.A. Brennan Associates, LLC in the amount of $58,933.00 and
consider this item on the Consent Agenda at the October 3, 2022 Regular Council Meeting.
Attachments: 2021 CIP page 91
J.A. Brennan Associates Supplemental Agreement No. 2
71
72
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Chinook Wind 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 as project is slated to be turned over to
the City in the future. 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
me Project Location
y
_
�, I �►�, �
6eTw al7.i.
Design
21
44
44
2,4
IL
109
Land(R/W)
52
10
D.&
(741111 -----,..w. \
At
A.
62
Monitoring
Ili
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
73
me Project Location
y
_
�, I �►�, �
6eTw al7.i.
of
2,4
IL
L
rArA
D.&
(741111 -----,..w. \
At
A.
�
It
Ili
1
1
'
ill
:
1L
$3p St _
2021 - 2026 Capital Improvement Program
91
73
74
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-163
CONTRACT FOR SERVICES
Amendment # 2
Between the City of Tukwila and J.A. Brennan Associates
That portion of Contract No. 21-163 between the City of Tukwila and J.A. Brennan
Associates, PLLC is hereby amended as follows:
Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in
full force and effect for a period commencing upon execution and ending September 30,
2023 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 September 30, 2023 unless an extension of such time is
granted in writing by the City.
Section 4: Payment. The Consultant shall be paid by the City for completed work and
for services rendered under this Agreement as follows: ,t1
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 $58,933.00 without express written modification to the Agreement signed
by the City. The maximum amount payable under this contract as amended inclusive
of all fees and other costs shall not exceed $122,306.10 without express written
modifications of the Agreement signed by the City.
A.
All other provisions of the contract shall remain in full force and effect.
Dated this `� day of 5 , 20 2 -
CITY OF TUKWILA
Allan Ekberg, Mayor
CA Reviewed May 2020
CONTRACTOR
Printed Name: .17/16(.4) Cokyvhs
Page 1 of 2
75
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-163
ATTEST/AUTHENTICATED APPROVED AS TO FORM
Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
CA Reviewed May 2020
76
Page 2 of 2
0,
m
-c
0
c
0
U
an
c
c
0
u
z
c
m
0)
0
0)
a,
R
It
R
F
O
u
0)
c
O
u
W
z
c
00
0)
al
0)
0)
00
c
0/1
in c
d on
u '7,
u U a,
a J"0
u
0_ ▪ c
o
O • 0/)
a H =o
@ -0 a a
= U
o N
Y to )t
3Y Q u
H O
.�
O z •1
O = Q 0,
LA
Q 4, V z
CJ
I -
,N U CC - 4-.X
c d CO
_ N O
Q
W U d
Grand
Total
o
0
N
t0
0
336.00
1,097.00
0
0
Ln
N
m
HI
0
0
01
V
a
HZ
0
0
N
t0
0n
N
0
0
00
N
V
N
2,647.00
0
0
c -i
0
0
O
.-1
0
0
M
M
01
,-i
0
0
01
CF
0
CF
0
0
l0
0
0
CY
2,859.00
785.00
0
0
to
0
O
N
0
0
ay
0
00
a-1
0
0
00
0
Cr,
N
.y
0
0
00
M
00
5,224.00
590.00
6,652.00
0
0
CF
e -i
HI
ci
2,856.00
4,686.00
3,706.00
2,702.00
2,202.00
5,839.00
0
0
0n
0
HI
m
N
58,933.00
Markup
0
0
0
O
0
0
O
80.00
0
0
O
0
N
0
0
O
t0
240.00
85.00
0
0
O
0)1
HI
0
0
a -I
M
N
220.00
0
O
O
0
O
O
0
N
0.00
786.00
0
0
O
t0
440.00
0
O
O
500.00
52.00
0
0
O
01
0
0
011
N
HI
0
0
0n
00
HI
0
0
0n
l0
0
0
00
l0
295.00
0
0
O
CO
00
0
0
t0
0
01
.-I
Total
Subconsultant
4
O
0
O
O
0.00
0
O
O
O
00
0
O
O
O
O
0.0'
600.00
2,400.00
O
O
O
0n
00
O
O
O
0
In
2,310.00
0
0
O
0
N
N
0.00
0
0
O
0
0
a1
0.00
7,860.00
0
0
O
0
l0
4,400.00
0.00
0
0
O
0
0
l.(1
1
0
O
O
0
011
0
O
O
0
CO
0
O
O
0n
0
ci
0
O
O
0n
00
ci
650.00
680.00
2,950.00
00'008'8
0
0
G
t0
0
Si'
N
vO •5
@ U
0
0
0
0
O
0
00
0
0
O
0
0
ay
0
0
O
0
t0
2,400.00
0
0
d
u1
00
0
0
O
0
0n
c -I
0
0
O
a-4
M
N
0
0
O
0
N
N
0
0
O
0
O
c -I
7,860.00
0
0
O
0
t0
4,400.00
0
O
O
0
0
0n
520.001
0
0
0
0
01
0
0
0
011
N
..4.--I
0
0
0
011
00
0
0
0
011
l0
0
0
0
00
t0
0
0
0
011
01
N
0
0
0
0
00
00
0
0
0
00
0
a
N
Total
J.A. Brennan
w/ Markup
0
0
N
l0
0
336.00
1,097.00
0
0
Ln
N
M
N
0
00
Ol
Ct
00
i'
N
0
N
t0
ati
0
0
00
N
CY
N.
2,047.00
0
O
.-1
0
0
n
1,083.00
0
0
01
Ch
In
N
0
0
l0
01
l0
rl
0
0
01
to
l0
785.00
0
0
011
0
1.0
ati
0
0
ati
0
00
N
0
0
00
c -I
c -I
O
N
238.00
824.00
0
0
O
01
111
1,652.00
0
O
4
01
in01
0
O
l0
0n
N
3,436.00
0
O
l0
0n
00
ati
0
O
N
in
0
N
0
O
N
N
0n
ai
2,889.00
14,305.00
34,873.00
Total
J.A. Brennan
Labor/Exp
I0
761.00
336.00
1,097.00
O
0
0n
m
_4,
O
0
01
.700
a -I
a-1
0
0
N
t0
1
1,318.00
0
0
0
00
O1
0
0
0
a -i
00
0
0
0
00
01
O
0
0
01
01
M
0
0
0)1
l0
V
0
0
01
M
CY
785.00
0
0
to
N
to
0
0
.-1
0
O
9,332.00
0
0
00
0
HI
384.00
590.00
0
O
N
0n
.ti
ti
542.00
0
0
t0
l0
00
.-I'
0
0
rl
N
M
M
0
0
c -I
0-.-
t0
0-
0
0
N
CO
T
0-
1,454.00
2,594.00
0
0
01
N
V
M
0
0
0
0
l0
a
N
M
Total
Expenses
0
0
O
N
20.00
40
0
O
0
N
0
O
0
N
0
O
0
N
0
O
0
N
20.00
0
0
O
0
0
0
O
O
0
0
O
O
0
0
O
O
0
0
O
O
0
20.00
0
0
O
N
20.00
140.00
Al
0
0
0
N
0
0
0
N
0
0
0
N
0
0
O
00
0
O
O
N
0
O
O
N
160.00
0
O
0
N
0
O
0
N
0
O
0
N
20.00
280.00
620.00
"1a
H
3
741.00
316.00
1,057.00
0
0
0n
0
m
c -I
0
0
01
N
0
ci
0
0
N
l0
t0
c -I
0
0
00
Ol
N
c -I
0
0
0
t0
01
N
0
0
N06
l0
m
r
0
0
0
Ol
0
0
01
N
M
N
0
0
In
CC
c -I
0
0
01
.-iIn
Ch
765.00
0
O
to
N
c -I
0
O
0
In
00
a -I
0
O
N
01
N
O1
158.00
364.00
570.00
0
O
N
Cr)
0
N
522.00
0
0
t0
CF
00
0
0
0
011
.--1
0
0
0
l.l1
t0
0
0
0
l0
01
0
0
m
Sr
2,574.00
0
0
0n
CC
.--I
N
31,847.00
-
m
0< 0
011
N
r
0
HI
01
CF
0
0
HI
t11
0
01
0n
0
01
a -I
0
.-I
M
00
0
c -I
M
1-1
0
n
0. 1
M
011
01
CF
CF
0
d'
N
M
0
In
0
0
0
0
N
0
0
0
N
C
N
o
0
> E LA1
< 0
V1
N
N
0
Ili
0
IIII
0
O
N
o
0) m
CJ . m
v 01
o
0
0
0
0
0
0
0
_ O
H _
5 0
ti
vl-
0
0n
l0
10
00
00
37
m
0
0
l0
0
a
C<
00
00
m
N
C
00
N
00
M
0
00
CO
Cf
N
0
0n
0n
00
M
c i
0
u a o0
N
:.:
N
N
d-
0n
N
Ct
M
00
0
N
fn
1.0
CF
tV
HI
(0
Sr
0D
N
ill
0
HI
c-1
m
N
Cf
01
Cf
1.0
Cf
00
0n
M
88
0
a
ti
3 a 00
-VT
,,,,
o
O
o
ill
0
O
O
0
0
CO 2 Ori
- a 01
t/?
.- 1
a
N
N
N
0--I
‘-i
a --I
a- 1
e-1
.-1
00
0
0
4
N
N
0
0
N
N
0
r-1
01
N
DESCRIPTION
Administration / Coordination
Accounting/ admin. / invoicing
Client/ Design team coordination
Total
Construction Documents 60%, 90% 100% Plans, Spec. and Estimate (Additional out of scope items )
Meetings (up to 3 additional progress meetings and 2 meetings with King County)
Site - design elements - Infiltration gallery - grading and detail
Parking - design options exceeded scope
Stormwater configuration- iterations to resolve where pipe outfall from parking area will occur
Cost etimate value engineering
Total
Construction Documents 60%, 90% 100% Plans, Spec. and Estimate (Redesign - Drainage, grading and Path - parking area)
Redesign - Meetings to confirm approach (up to 2)
Re -design - Adjust Path alignment to ensure it lies outside of stormwater portion of easement ( update layout and grading)
Redesign - Reconfigure stormwater to tight line to existing structure (update drainage, and parking layout and paving )
Redesign - Update TIR
Redesign -Update site section through parking area
Redesign -Update Cost estimate
Redesign -Update Permit Set
Total
Construction Documents 60%, 90% 100% Plans, Spec. and Estimate (StormWaterDesign_NE Corner_City of Tukwila Facilities outlet )
Stormwater additioal analysis and update to TIR to accommodate off site influence
Stormwater Additional Design Sheets (up to two Sheets)
Adjust landscape sheets affected by stomwater change (layout, planting, irrigation, 1 detail sheet)
Total
Construction Support
Pre -construction conference
Submittal Review and response (landscape, civil, irrigation, site furniture, and hardscape items up to 6 )
Attend (6) Site Visit Progress meeting - and prepare progress report memo (3hrs each visit - include memo)
Design Change During Construction (coordination and including drawing modification as needed up to 2 change orders)
RFI Submittal review and Response (up to 4 )
Punch list site walk and review - support with punch list document preparation
Record Drawings
Total
_e~ au m
H cc
<
ay
N
CO
N
N
M
CY
to
a
0
N
M
CF
011
l0
n
0
a --I
N
M
W
HI
N
M
Cr
Ln
l0
0
O
I-
7!
xtra Service #2 v2,Chinook Wind -Extra Service #2- 9/14/2022
Chinook Wind
78
Transportation & Infrastructure Services Committee Minutes September 19, 2022
E. Contract Amendment: Chinook Wind Public Access Project
Staff is seeking Council approval of Amendment No. 2 to Contract No. 21-163 with J.A.
Brennan Associates, PLLC in the amount of $58,933.00 for design and construction support
for the project.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
F. Consultant Agreement: 2022 GIS Utility Inventory
Staff is seeking Council approval of a contract with David Evans and Associates, Inc. in an
amount not to exceed $199,970.00 for geographic information system asset inventory
services.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
Miscellaneous
Chair Kruller mentioned that a resident has inquired about the status of the Sound Transit Boeing
Access Road station and has not heard back from the city. Staff will investigate and schedule a
future agenda item around this.
The meeting adjourned at 5:57 p.m.
Committee Chair Approval
Minutes by LH
79
80
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
10/03/22
JR
ITEM INFORMATION
ITEM NO.
6.F.
81
STAFF SPONSOR: BRITTANY ROBINSON
ORIGINAL AGENDA DATE: 10/03/ 22
AGENDA ITEM TITLE Surface
Department
Water Fund — Stormwater Management Action Plan
of Ecology Water Quality Grant Award
CATEGORY ❑ Discussion
Mtg Date
Motion
Date 10/03/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
1
Mtg
SPONSOR ❑Council Mayor HR DCD ❑Finance Fire ❑"FS P&R ❑Police PIV Court
SPONSOR'S In October 2021, Council approved to submit an application for the DOE Water Quality
SUMMARY Combined Funding Program for the SMAP. The City received notification that it was
awarded the grant which will target stormwater management actions within the Riverton
stormwater basin. Council is being asked to formally accept the Department of Ecology
Water Quality Combined Funding Program grant in the amount of $72,353.00 for the
Stormwater Management Action Plan.
REVIEVG'ED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 09/19/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Forward to Regular Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$72,353.00 $0.00 $0.00
Fund Source: DOE GRANT AND SWCP CIP
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
10/03/22
Informational Memorandum dated 09/16/22
2021 CIP Page 88
Award Letter
Minutes from Transportation and Infrastructure Committee meeting of 09/19/22
81
82
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: Brittany Robinson, Public Works Grant Analyst
CC: Mayor Ekberg
DATE: September 16, 2022
SUBJECT: Surface Water Fund — Stormwater Management Action Plan
Project No. 8214120
Department of Ecology Water Quality Grant Award
ISSUE
Accept a Washington State Department of Ecology (DOE) Water Quality Combined Funding Program
grant award in the amount of $72,353.00 to fund a portion of the Stormwater Management Action Plan
(SMAP).
BACKGROUND
In August 2019, DOE issued an update to the NPDES Permit for Phase II Municipalities. Under this
permit the City is required to prepare a SMAP to identify approaches that accommodate development
while preventing water quality degradation and/or improving water quality conditions harmed by past
developments.
DISCUSSION
In October 2021, Council approved staff to submit an application for the DOE Water Quality Combined
Funding Program for the SMAP. The City recently received notification that it was awarded the grant for
the SMAP, which will include documenting capital improvements for water quality and flow control,
policy recommendations and targeted stormwater management actions within the Riverton stormwater
basin.
FISCAL IMPACT
The City has been awarded $72,353.00 from the DOE Water Quality Combined Funding Program,
which requires a 15% local city match of $10,852.95. Matching funds will be drawn from the Surface
Water Comp Plan (SWCP) CIP and falls within the project budget.
Grant Award Fund Source Budget
DOE Grant $72,353.00 SWCP CIP $200,000.00
Required Match 10,853.00
Total $83,206.00
RECOMMENDATION
Council is being asked to formally accept the Department of Ecology for its Water Quality Combined
Funding Program grant in the amount of $72,353.00 for the Stormwater Management Action Plan on
the Consent Agenda at the October 3, 2022 Regular Council Meeting.
Attachments: 2021 CIP Page 88
Award Letter
83
84
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Surface Water Comprehensive Plan Project No. 82141202
Periodically revise and update the adopted Surface Water Comprehensive Plan to: 1) Incorporate the latest
DESCRIPTION: requirements of the National Pollution Discharge Elimination System (NPDES) and Endangered Species Act
(ESA); 2) Update Capital Improvement Projects to reflect current needs and completed projects; 3) Include GIS
based basin and system maps as they become available; and 4) Revise Storm Water ordinance as needed.
JUSTIFICATION: The latest requirements from regulatory agencies as well as newly identified City needs must be included in
a regularly updated Surface Water Comprehensive Plan.
STATUS: The Surface Water Comprehensive Plan was completed in 2003 and updated in 2013. Future updates are
planned on a 7 -year cycle with the next update in 2021.
MAI NT. IMPACT:
COMMENT:
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
Design
163
200
250
613
Land (R/W)
0
Const. Mgmt.
0
Construction
0
TOTAL EXPENSES
163
0
200
0
0
0
0
0
250
613
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
163
0
200
0
0
0
0
0
250
613
TOTAL SOURCES
163
0
200
0
0
0
0
0
250
613
Project Location:
Entire System
2021 - 2026 Capital Improvement Program
88
85
86
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47600, Olympia, WA 98504-7600 • 360-407-6000
July 1, 2022
Allan Ekberg, Mayor
City of Tukwila - Public Works
6200 Southcenter Blvd
Tukwila, Washington 98188
allan.ekberg@tukwilawa.gov
Re:
Sherry Edquid, Project Manager
City of Tukwila - Public Works
6300 Southcenter Blvd, Suite 100
Tukwila, Washington 98188
sherry.edquid@tukwilawa.gov
Tukwila's SMAP Basin Planning for Retrofitted Water Quality/Flow Control,
W QC -2023 -Tu kwi I-00173
State Fiscal Year 2023 Final Water Quality Funding Offer List and Intended Use Plan
Thank you for your time and effort in applying to Ecology for funding for your water quality
project in the State Fiscal Year 2023 (SFY23) Funding Cycle. I am pleased to inform you that your
project has been selected for funding. Please review the following information closely for more
details.
On June 30, 2022, Ecology published the SFY23 Final Water Quality Funding Offer List and
Intended Use PIan197 (Final List). The Final List describes the projects and funding for the SFY23
Funding Cycle from the Centennial Clean Water Program (Centennial), the Clean Water Act
Section 319 Nonpoint Source Fund (Section 319), the Stormwater Financial Assistance Program
(SFAP), the Clean Water State Revolving Fund (CWSRF), and new federal funding provided to
the CWSRF through the Bipartisan Infrastructure Law (BIL).
On November 15, 2021, President Joe Biden signed the Infrastructure Investment and Jobs Act
(IIJA), also known as the Bipartisan Infrastructure Law (BIL), which Ecology estimates could
provide nearly $200 million in new funding to Washington's CWSRF over the next five years. For
this SFY 2023 Final List, Washington's CWSRF has been allocated a total of $31 million in BIL
funds, awarded as part of the CWSRF, and focused on supporting small financially
disadvantaged community projects.
Ecology evaluated 124 applications from local governments, tribes, conservation districts, other
97 https://apps.ecology.wa.gov/publications/documents/
87
W QC -2023 -Tu kwi I-00173
July 1, 2022
Page 2
public entities, and qualified not-for-profit organizations. Funding requests totaled
approximately $413 million. To ensure funds are committed to the highest priority projects,
Ecology water quality specialists evaluated and scored all eligible project proposals. Scores were
compiled, and a statewide priority list was developed. Projects proposed for funding are based
upon the priority list, the type of project, and the funding source.
After rating and ranking all eligible proposed projects and providing support for three additional
small financially disadvantaged community phased projects, Ecology offered approximately
$317 million to 124 projects. Detailed information on all proposals received and offered funding
can be found in Appendix 1 in the Final List.
A record of scores and evaluator comments are provided in the Evaluation Scorecard Report
available through Ecology's Administration of Grants and Loans (EAGL) system. Applicants are
strongly encouraged to review the report, as it will help applicants understand the strengths
and weaknesses of their application. In addition, reviewing the report will help applicants
become aware of any concerns about unclear costs or tasks and/or possible ineligible
components; unclear costs or tasks and/or ineligible components may significantly delay the
development of a funding agreement. To obtain the Evaluation Scorecard Report, follow these
steps.
• Go into your application in EAGL.
• While in the Application Menu, click "View Forms" in the "View, Edit and Complete Forms"
section.
• Scroll down the list of forms to near the bottom.
• Click on "Evaluation Scorecard (External)" in the "Screening/Evaluation/Offer" section.
• Follow the prompts for opening or saving a PDF copy of the report.
I am pleased to inform you that your project is being offered funding of up to $72,353,
including:
• A $0 from CWSRF for a term of N/A years at a N/A percent interest rate.
• A $0 Forgivable Principal loan from CWSRF that will not be required to be repaid.
• A $72,353 grant from SFAP.
• A $0 grant from Centennial.
• A $0 grant from Section 319.
The final funding amount awarded for your project will be based on negotiations between you
and Ecology regarding the project scope of work, budget, technical considerations,
reasonableness of cost, and eligibility determinations.
Based on your application, project type, and fund source, various conditions of funding will
88
WQC-2023-Tukwil-00173
July 1, 2022
Page 3
apply; these will be addressed during the agreement negotiation process. For information on
conditions that may apply, please see Ecology's SFY23 Funding Guidelines198 and the footnotes
assigned to your project in Appendix 1 in the Final List.
All projects require cultural resources review, and most projects require environmental review.
Please be aware of the requirements for your project, and implement the project schedule
accordingly. If you have specific questions, please contact Environmental and Cultural Resource
Coordinator, Liz Ellis, at liz.ellis@ecy.wa.gov or (360) 628-4410 or Seth Elsen, at
seth.elsen@ecy.wa.gov, (564) 999-1177.
Ecology is committed to negotiating and signing a funding agreement no later than January 31,
2023. To meet this timeline and ensure timely use of limited state and federal funds, it is
essential that negotiations and funding agreement development begin as soon as possible.
Please see the typical negotiation timeline on the last page of this letter.
Ecology assigned the following Grant and Loan Project Management Team for your project:
Heather Bearnes-Loza
NWRO
Ecology Project Manager
(360) 584-2755
Karen Izumoto
Headquarters
Ecology Financial
(360) 870-7524
Office, Lacey
Manager
Ecology's Project Manager or Financial Manager will contact you soon to schedule agreement
negotiations.
Ecology appreciates your commitment to improving Washington's water quality and looks
forward to working with you to complete this high priority project.
If you have any questions or concerns regarding the water quality funding programs, please
contact Jeff Nejedly, Water Quality Financial Management Section Manager, at
jeffrey.nejedly@ecy.wa.gov or (360) 407-6572.
Sincerely,
On behalf of
Vincent McGowan, P.E.
Water Quality
Program Manager
198 https://apps.ecology.wa.gov/publications/documents/2110028.pdf
89
• If you have questions before then, contact the Ecology Project Manager
listed in this letter
• Meet with Ecology to discuss project details and comments in the Evaluation
Scorecard
• Negotiate scope, schedule, and budget for draft agreement
WQC-2023-Tukwil-00173
July 1, 2022
Page 4
My project has been offered funds. What are my next steps?
Sept De
Oct -Jan
• Attend Grant Recipient Training Workshops
• Review the FY23 Final Offer List for funding amount and footnotes
• Review the Evaluation Scorecard in EAGL
• Update the Recipient Contacts in EAGL
• Facility projects only: work with your planning department to ensure GMA
compliance by Jan 31, 2023
• Prepare to meet with Ecology by compiling changes to project scope,
schedule, budget, staff, etc. since you submitted the application
• Ecology will contact you to schedule a meeting
• Ecology conducts final review and approval of agreement in EAGL
• Sign final agreement and return to Ecology for signature
• Agreement must be signed and activated in EAGL
Simpler projects may be through the process faster and more complex projects may take until Jan 2023.
90
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
Septemberl9, 2022 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Kate Kruller, Chair; Mohamed Abdi, Tosh Sharp
Staff Present: Hari Ponnekanti, Griffin Lerner, Brittany Robinson, Seong Kim, Mike
Perfetti, Cyndy Knighton, Sherry Edquid, Vicky Carlsen
Acting Chair Sharp called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. 2023-2024 Budget: Residential & Arterial Streets (103 and 104 Funds)
Staff presented the proposed budgets.
Committee Recommendation
Discussion only. Forward to September 26, 2022 Committee of the Whole.
B. Grant Award: Stormwater Management Action Plan
Staff is seeking Council approval to accept $72,353.00 from the Washington State
Department of Ecology Water Quality Combined Funding Program to fund a portion of the
Stormwater Management Action Plan.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
C. Grant Award: Stormwater Quality Retrofit Project
Staff is seeking Council approval to accept $1,176,341.00 from the Washington State
Department of Ecology Water Quality Combined Funding Program to fund a portion of the
Stormwater Quality Retrofit Project.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
Chair Kruller entered the meeting room during Item D.
D. Contract Amendment: Green River Trail Improvements
Staff is seeking Council approval of Amendment No. 1 to Contract 22-099 with KPFF
Consulting Engineers in the amount of $273,977.69 for additional work on the Green River
Trail Improvements Project.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
91
92
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
10/03/22
JR
ITEM INFORMATION
ITEM NO.
6.G.
93
STAFF SPONSOR: BRITTANY ROBINSON
ORIGINAL AGENDA DATE: 10/03/ 22
AGENDA ITEM TITLE Surface
Department
Water Fund — Stormwater Quality Retrofit Program
of Ecology Water Quality Grant Award
CATEGORY ❑ Discussion
Mtg Date
Motion
Date 10/03/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
1
Mtg
SPONSOR ❑Council Mayor HR DCD ❑Finance Fire ❑TV P&R ❑Police PIV Court
SPONSOR'S In Februrary 2021, Council approved to submit an application for the DOE Water Quality
SUMMARY Combined Funding Program for the Stormwater Quality Retrofit Program. The City received
notification that it was awarded the grant to improve water quality which will positively
affect human health and aquatic species. Council is being asked to formally accept the
Department of Ecology Water Quality Combined Funding Program grant in the amount of
$1,176,341.00 for the Storm Water Quality Retrofit Project.
REVIEVG'ED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 09/19/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,176,341.00 $0.00 $0.00
Fund Source: DOE GRANT, CITY MATCH AND KC WATERWORKS
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
10/03/22
Informational Memorandum dated 09/16/22
2021 CIP Page 89
Award Letter
Minutes from Transportation and Infrastructure Committee meeting of 09/19/22
93
94
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: Brittany Robinson, Grant Analyst
CC: Mayor Allan Ekberg
DATE: September 16, 2022
SUBJECT: Surface Water Fund - Stormwater Quality Retrofit Project
Project No. 91241202
Department of Ecology Grant Award and Acceptance
ISSUE
Accept a Washington State Department of Ecology (DOE) Water Quality Combined Funding
Program grant award in the amount of $1,176,341.00 to fund a portion of the Storm Water Quality
Retrofit Project.
BACKGROUND
The Storm Water Quality Retrofit Project will improve the water quality of stormwater discharged
from City roadways into the Green-Duwamish River. Improving water quality positively affects
human health and aquatic species such as the ESA -listed Puget Sound Chinook salmon. In
December 2020, the UW Tacoma and WSU Puyallup uncovered a chemical tire preservative as
the culprit in stormwater-related Coho mortality, aka. urban stormwater runoff mortality syndrome.
DISCUSSION
In February 2021, Council approved staff to submit an application for the DOE Water Quality
Combined Funding Program for the Stormwater Quality Retrofit Program. The City recently
received notification that it was awarded the grant to support all aspects of the project, including
90% design documentation to bid documents, construction, and construction management.
FINANCIAL IMPACT
The City has been awarded $1,176,341.00, which requires a 15% local city match of 176,451.00.
Matching funds will be drawn from the King County WaterWorks Grant, which awarded the City
$189,274 for the Stormwater Quality Retrofit Project in 2021.
Grant Award Fund Source Budget
DOE Grant $1,176,341.00 KC WaterWorks $189,274.00
Required Match 176,451.00
Total $1,352,792.00
RECOMMENDATION
Council is being asked to formally accept the Department of Ecology for its Water Quality
Combined Funding Program grant in the amount of $1,176,341.00 for the Storm Water Quality
Retrofit Project on the Consent Agenda at the October 3, 2022 Regular Council Meeting.
Attachments: 2021 CIP Page 89
DOE Award Letter
95
96
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2019 to 2024
PROJECT: Storm Water Quality Retrofit Program Project No. 91241202
DESCRIPTION: Provide, design, and install water quality testing and improvements at selected drainage locations.
JUSTIFICATION: Most surface water is discharged directly to receiving water bodies untreated.
STATUS: Water quality was added to Interurban Ave S in 2015 and 53rd Ave S in 2018.
MAINT. IMPACT: Expected to increase maintenance.
COMMENT: Combine with other CIP projects for design and construction, where feasible. A 2017 WA State Department of
Ecology grant was awarded for $244,375 with a City match of $43,125.
FINANCIAL Through Estimated
(in $000's)
2017 2018 2019
2020
2021
2022
2023
2024
BEYOND TOTAL
EXPENSES
Design
1
299
20
20
10
10
15
20
395
Land (R/W)
0
Const. Mgmt.
15
15
15
15
15
10
15
100
Construction
45
80
1,000
40
80
80
80
1,405
TOTAL EXPENSES
1
0
359
115
1,035
65
105
105
115
1,900
FUND SOURCES
Awarded Grant
244
244
Proposed Grant
850
850
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
1
0
115
115
185
65
105
105
115
806
TOTAL SOURCES
1
0
359
115
1,035
65
105
105
115
1,900
Project Location:
Entire System
2019 - 2024 Capital Improvement Program
89
97
98
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47600, Olympia, WA 98504-7600 • 360-407-6000
July 1, 2022
Allan Ekberg, Mayor
City of Tukwila - Public Works
6200 Southcenter Blvd
Tukwila, Washington 98188
allan.ekberg@tukwilawa.gov
Re:
Michael Perfetti, Habitat Project Manager
City of Tukwila - Public Works
6300 Southcenter Boulevard
Tukwila, Washington 98188
mike.perfetti@tukwilawa.gov
Stormwater Outfall Water Quality Retrofit Program,
WQC-2023-Tu kwi I-00073
State Fiscal Year 2023 Final Water Quality Funding Offer List and Intended Use Plan
Thank you for your time and effort in applying to Ecology for funding for your water quality
project in the State Fiscal Year 2023 (SFY23) Funding Cycle. I am pleased to inform you that your
project has been selected for funding. Please review the following information closely for more
details.
On June 30, 2022, Ecology published the SFY23 Final Water Quality Funding Offer List and
Intended Use Plan195 (Final List). The Final List describes the projects and funding for the SFY23
Funding Cycle from the Centennial Clean Water Program (Centennial), the Clean Water Act
Section 319 Nonpoint Source Fund (Section 319), the Stormwater Financial Assistance Program
(SFAP), the Clean Water State Revolving Fund (CWSRF), and new federal funding provided to
the CWSRF through the Bipartisan Infrastructure Law (BIL).
On November 15, 2021, President Joe Biden signed the Infrastructure Investment and Jobs Act
(IIJA), also known as the Bipartisan Infrastructure Law (BIL), which Ecology estimates could
provide nearly $200 million in new funding to Washington's CWSRF over the next five years. For
this SFY 2023 Final List, Washington's CWSRF has been allocated a total of $31 million in BIL
funds, awarded as part of the CWSRF, and focused on supporting small financially
disadvantaged community projects.
Ecology evaluated 124 applications from local governments, tribes, conservation districts, other
'95 https://apps.ecology.wa.gov/publications/documents/
99
W QC -2023 -Tu kwi I-00073
July 1, 2022
Page 2
public entities, and qualified not-for-profit organizations. Funding requests totaled
approximately $413 million. To ensure funds are committed to the highest priority projects,
Ecology water quality specialists evaluated and scored all eligible project proposals. Scores were
compiled, and a statewide priority list was developed. Projects proposed for funding are based
upon the priority list, the type of project, and the funding source.
After rating and ranking all eligible proposed projects and providing support for three additional
small financially disadvantaged community phased projects, Ecology offered approximately
$317 million to 124 projects. Detailed information on all proposals received and offered funding
can be found in Appendix 1 in the Final List.
A record of scores and evaluator comments are provided in the Evaluation Scorecard Report
available through Ecology's Administration of Grants and Loans (EAGL) system. Applicants are
strongly encouraged to review the report, as it will help applicants understand the strengths
and weaknesses of their application. In addition, reviewing the report will help applicants
become aware of any concerns about unclear costs or tasks and/or possible ineligible
components; unclear costs or tasks and/or ineligible components may significantly delay the
development of a funding agreement. To obtain the Evaluation Scorecard Report, follow these
steps.
• Go into your application in EAGL.
• While in the Application Menu, click "View Forms" in the "View, Edit and Complete Forms"
section.
• Scroll down the list of forms to near the bottom.
• Click on "Evaluation Scorecard (External)" in the "Screening/Evaluation/Offer" section.
• Follow the prompts for opening or saving a PDF copy of the report.
I am pleased to inform you that your project is being offered funding of up to $1,176,341,
including:
• A $0 from CWSRF for a term of N/A years at a N/A percent interest rate.
• A $0 Forgivable Principal loan from CWSRF that will not be required to be repaid.
• A $1,176,341 grant from SFAP.
• A $0 grant from Centennial.
• A $0 grant from Section 319.
The final funding amount awarded for your project will be based on negotiations between you
and Ecology regarding the project scope of work, budget, technical considerations,
reasonableness of cost, and eligibility determinations.
Based on your application, project type, and fund source, various conditions of funding will
100
W QC -2023 -Tu kw i 1-00073
July 1, 2022
Page 3
apply; these will be addressed during the agreement negotiation process. For information on
conditions that may apply, please see Ecology's SFY23 Funding Guidelines196 and the footnotes
assigned to your project in Appendix 1 in the Final List.
All projects require cultural resources review, and most projects require environmental review.
Please be aware of the requirements for your project, and implement the project schedule
accordingly. If you have specific questions, please contact Environmental and Cultural Resource
Coordinator, Liz Ellis, at liz.ellis@ecy.wa.gov or (360) 628-4410 or Seth Elsen, at
seth.elsen@ecy.wa.gov, (564) 999-1177.
Ecology is committed to negotiating and signing a funding agreement no later than January 31,
2023. To meet this timeline and ensure timely use of limited state and federal funds, it is
essential that negotiations and funding agreement development begin as soon as possible.
Please see the typical negotiation timeline on the last page of this letter.
Ecology assigned the following Grant and Loan Project Management Team for your project:
Heather Bearnes-Loza
NWRO
Ecology Project Manager
(360) 584-2755
Karen lzumoto
Headquarters
Ecology Financial
(360) 870-7524
Office, Lacey
Manager
Ecology's Project Manager or Financial Manager will contact you soon to schedule agreement
negotiations.
Ecology appreciates your commitment to improving Washington's water quality and looks
forward to working with you to complete this high priority project.
If you have any questions or concerns regarding the water quality funding programs, please
contact Jeff Nejedly, Water Quality Financial Management Section Manager, at
jeffrey.nejedly@ecy.wa.gov or (360) 407-6572.
Sincerely,
On behalf of
Vincent McGowan, P.E.
Water Quality
Program Manager
196 https://apps.ecology.wa.gov/publications/documents/2110028.pdf
101
• If you have questions before then, contact the Ecology Project Manager
listed in this letter
• Meet with Ecology to discuss project details and comments in the Evaluation
Scorecard
• Negotiate scope, schedule, and budget for draft agreement
W QC -2023 -Tu kw i 1-00073
July 1, 2022
Page 4
My project has been offered funds. What are my next steps?
Sept De
Oct -Jan
• Attend Grant Recipient Training Workshops
• Review the FY23 Final Offer List for funding amount and footnotes
• Review the Evaluation Scorecard in EAGL
• Update the Recipient Contacts in EAGL
• Facility projects only: work with your planning department to ensure GMA
compliance by Jan 31, 2023
• Prepare to meet with Ecology by compiling changes to project scope,
schedule, budget, staff, etc. since you submitted the application
• Ecology will contact you to schedule a meeting
• Ecology conducts final review and approval of agreement in EAGL
• Sign final agreement and return to Ecology for signature
• Agreement must be signed and activated in EAGL
Simpler projects may be through the process faster and more complex projects may take until Jan 2023.
102
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
Septemberl9, 2022 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Kate Kruller, Chair; Mohamed Abdi, Tosh Sharp
Staff Present: Hari Ponnekanti, Griffin Lerner, Brittany Robinson, Seong Kim, Mike
Perfetti, Cyndy Knighton, Sherry Edquid, Vicky Carlsen
Acting Chair Sharp called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. 2023-2024 Budget: Residential & Arterial Streets (103 and 104 Funds)
Staff presented the proposed budgets.
Committee Recommendation
Discussion only. Forward to September 26, 2022 Committee of the Whole.
B. Grant Award: Stormwater Management Action Plan
Staff is seeking Council approval to accept $72,353.00 from the Washington State
Department of Ecology Water Quality Combined Funding Program to fund a portion of the
Stormwater Management Action Plan.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
C. Grant Award: Stormwater Quality Retrofit Project
Staff is seeking Council approval to accept $1,176,341.00 from the Washington State
*Department of Ecology Water Quality Combined Funding Program to fund a portion of the
Stormwater Quality Retrofit Project.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
Chair Kruller entered the meeting room during Item D.
D. Contract Amendment: Green River Trail Improvements
Staff is seeking Council approval of Amendment No. 1 to Contract 22-099 with KPFF
Consulting Engineers in the amount of $273,977.69 for additional work on the Green River
Trail Improvements Project.
Committee Recommendation
Unanimous approval. Forward to October 3, 2022 Regular Consent Agenda.
103
104
COUNCIL AGENDA SYNOPSIS
4-4s Initials
ITEM NO.
�S
Meeting Date
Prepared by
Mayor's review
Council review
c4-
� rC --r-r
10/3/22
BR
�� �12
6.H.
1906
ITEM INFORMATION
STAFF SPONSOR: HENRY ANCIRA
ORIGINAL AGENDA DATE: 10/3/22
AGENDA ITEM TITLE City Hall Siding Repairs Project
CATEGORY ❑ Discussion
Mtg Date
Motion
Mtg Date 10/3/22
❑ 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 ❑ P&R ❑ Police
►1
PIS
SPONSOR'S City Hall has several areas where the siding is rotted and exposing the structure to further
SUMMARY damage, and it needs to be resided. Bids for the City Hall Siding Project were received by
three contractors. The lowest bid was received from Pacific Exteriors LLC. The bid was
approved by Council on August 15, 2022, but the contractor made a miscalculation on the
original bid, which increased the cost by $43,357.52. Council is being asked to approve the
revised contract with Pacific Exteriors LLC in the amount of $158,806.86
REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety
❑ LTAC ❑ Arts Comm.
DATE: 9/26 COMMITTEE
0
❑
Finance & Governance ❑ Planning & Community Dev.
Parks Comm. ❑ Planning Comm.
CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Public Works
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$158,806.86 $200,000 $
Fund Source: 303 FUND
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/3/22
MTG. DATE
ATTACHMENTS
10/3/22
Informational Memorandum dated 9/23/22
2021 CIP pg 47
Revised Contract
Photos
Minutes from the Finance and Governance Committee meeting of 9/26/22 (distributed
separately)
105
106
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Finance and Governance Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Henry Ancira, Facilities Superintendent
CC: Mayor Allan Ekberg
DATE: September 23, 2022
SUBJECT: 303 Facilities Project: City Hall Siding Repairs Project
Project No. 92230302
Contract Award
Issue
Re -Approve a contract with Pacific Exteriors LLC to repair siding on the south side of City Hall and
paint new siding to match existing exterior color.
Background
City Hall was built in 1977 and has the original siding. The southern exposed side of the building has
several areas where the siding is rotted and exposing the structure to further damage. Replacing the
siding in these trouble spots will protect and preserve the building and provide a positive aesthetic.
Analysis
Bids for the City Hall Siding Project were received by three contractors. The bids were checked,
tabulated, and no errors were found by the City. The lowest bid was received from Pacific Exteriors
LLC.
This item came to the Finance and Governance committee on August 8, 2022 and was approved on
the Council Consent Agenda on August 15, 2022. Since then, the City received notification that the
contractor made a miscalculation on their original bid, providing an incorrect estimate. The contactor
submitted a revised bid, which increased the cost by $43,357.52. Even with the miscalculation and
contract increase, Pacific Exteriors LLC is still the low bidder.
Financial Impact
The lowest bid was from Pacific Exteriors LLC, with a revised cost estimate of $158,806.86 (including
tax). This project has budget allocated in the 2021-2026 CIP but is not enough to cover the cost. The
303 Fund has a sufficient balance to cover the remaining contract cost, including contingency.
Cost Estimate
Pacific Exteriors Contract $158,806.86
25% contingency 39,701.72
Total $198,508,58
Project Budget
303 Fund Balance
Fund Source
$100,000.00
100,000.00
$200,000.00
Recommendation
Council is being asked to approve the contract with Pacific Exteriors LLC in the amount of
$158,806.86 and consider this item on the Consent Agenda at the October 3, 2022 Regular Meeting.
Attachments: 2021 CIP, Pg 47
Revised Pacific Exteriors LLC Contract
107
108
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2023 to 2028
PROJECT: Facility Improvements Project No. Various
DESCRIPTION: Yearly improvements and required maintenance to City facilities that are located throughout the City.
JUSTIFICATION: Maintenance of existing facilities and required updating and improvements.
STATUS: Ongoing.
MAINT. IMPACT: None.
COMMENT: Ongoing project, only one year actuals are shown in first column.
FINANCIAL Through Estimated
in $000's
2021 2022
2023 2024 2025 2026 2027 2028 BEYOND TOTAL
EXPENSES
Engineering
4
50
50
50
50
50
50
304
Land (R/W)
0
Construction
156
140
150
150
150
150
150
150
1,196
TOTAL EXPENSES
222
160
190
150
200
200
200
200
200
1,500
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
222
160
190
150
200
200
200
200
200
1,722
TOTAL SOURCES
222
160
190
150
200
200
200
200
200
1,722
Facility Projects scheduled for 2021-2022
TCC Exterior Paint/Stain
TCC Retrofit HVAC Chiller
City Hall Seismic Study
City Hall Siding Repairs
Fire Station 53 Exterior Paint/Stain
$ 140,000 2021
10,000 2021
40,000 2021
$ 190,000
100,000 2022
50,000 2022
$ 150,000
2021 - 2026 Capital Improvement Program 47
109
110
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
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 Pacific Exteriors LLC, hereinafter
referred to as "the Contractor," whose principal office is located at
14724 Bothell Way NE Lake Forest Park WA 98155.
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. Scone 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 A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $158,806.86.
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 Agreement. This Agreement shall be in full force and effect for a period commencing
October 3, 2022, and ending December, 31, 2023, unless sooner terminated under the provisions
hereinafter specified.
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
111
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 not 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
of not less than A: VII.
CA Revised May 2020 Page 2 of 4
112
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 Inspections. 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 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 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 2020 Page 3 of 4
113
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. Applicable 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
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised May 2020 Page 4 of 4
114
Exhibit A
AL
PACIFIC
EXTERIORS LLC
Siding & Painting Specialists
Licensed - Bonded - Insured
Office: 206-877-3087
City of Tukwila
Attn: Henry Ancira
6200 Southcenter Blvd
Tukwila, WA 98188
(206)571-6294
Washington License #PACIFEL917NK
Date
7/22/2022
i
James Hardie®
SIDING PRODUCTS
Thank You for allowing Pacific Exteriors LLC to serve you.
You can feel comfortable and confident that we will install your selected products using only the finest
grade of materials and installation methods available. The majority of contractors today are focused
only on the bottom line: Cheap Materials, Cheap Labor, Cheap Installation = Cheap finished project.
This is the reason that there are so many Construction Defect Claims today. We are committed first to
"Quality", and then to a "Fair Price". Quality is a commitment to a long term solution, Cheap prices
are what created most of the problems today and generally a cheap price is only going to give you a
short term fix.
"Our systematic installation methods and field quality control, guarantee you the finest job
possible."
Thank You again, for your business.
BBB..
ACCREDITED
BUSINESS
N®JamesHardle
717t7 MiTEMITT
CONTRACTOR ALLIANCE -
1�1
NBI
MEMBER
SIDING - WINDOWS - PAINTING
Admin4@PacificExteriorsLLC.com - www.PacificExteriorsLLC.com
14724 Bothell Way NE Lake Forest Park WA 98155
115
PACIFIC
EXTERIORS LLC
Siding & Painting Specialists
City of Tukwila
Attn: Henry Ancira
6200 Southcenter Blvd
Tukwila, WA 98188
(206)571-6294
Quote Number: 1248
Washington License #PACIFEL917NK
BBB.
ACCREDITED
BUSINESS
707
PIEFEUE
CONTRACT, ALLIANCE
Sales Agreement
IVBel
MEMBER
Questions? Please call:
Date: 7/22/2022 Quote Expires on: 10/26/2022
We, the undersigned owners of the premises at the above address (hereafter referred to as "customer(s)", employ Pacific Exteriors
LLC. (hereafter referred to as the "Company") to furnish all necessary labor and/or materials to perform the following improvements
subject to the terms and conditions below:
Line #
Part #
Description
Price
Qty
Extend
1
Area of Work
-Partial re -side (see photos for areas to be
re -sided) with cedar tongue & groove + cedar
board & batten
AREA OF
WORK
1
$0.00
-Paint for newly installed siding and trim only
-Replace metal coping along top edge of entire
course of lower sections with Tongue & Groove
(as option)
***Pacific Exteriors LLC agrees to satisfy
prevailing wage clause and handle all
associated paperwork.
***Pacific Exteriors LLC intends to preserve
existing gutters so they can be re -used for all
straight-line courses. All gutter runs that turn a
corner will be too damaged during the removal
process to be re -useable and will need to be
replaced. The cost to replace these gutters can
be discussed with a Pacific Exteriors Project
Manager at the time of install. If the old gutters
are reused Pacific Exteriors takes no
responsibility for their function or appearance
***It is solely the mistake of Pacific Exteriors
LLC's estimator for having communicated
incorrect pricing in the original bid. The total
square footage of area to be re -sided was
short by approximately 1,000 sqft due to
omitting the correct multiplier when calculating
the areas above the roofline (only 1 of the 4
highest Southwest facing walls above roofline
were included in original estimate)
2
Cedar Tongue
& Groove
Siding
***Pricing is for readily available tight knot
cedar tongue & groove with a 3.25" reveal,
current siding is a 3" reveal. If custom milling
for an exact match is preferred, Pacific
$128,278.60
1
$128,278.60
Initialed by: Pacific Exteriors LLC Property Owner
116
Line #
Part #
Description
Price
Qty
Extend
Exteriors LLC project manager to discuss
further with client and quote additional cost.
***Portions of existing tongue & groove siding
along top edge of walls being re -sided (just
beneath roofline) appear to be furred out. If
this is the case and the furring strips require
any additional re -work or replacement there
will be an additional cost based on time and
material. Time will be billed at $97/hr of labor
and material will be billed as cost of goods
purchased plus 30% markup.
-Tear off and dispose of one layer of old sidng.
-Install PRE -PRIMED 3/4 x 4 Tight Knot cedar
tongue & groove siding w/ 3.25" reveal to the
exterior of the building.
-Any electrical and light fixtures taken down
during installation will be reinstalled.
-Any cables or wires taken down during
installation will be reinstalled.
-Install a 1x2 finish trim to all horizontal soffit
areas if needed.
-Clean up and haul away all debris.
-Run a magnet over the yard to pick up nails.
3
Cedar Board
***Match existing
INCLUDED
1
$0.00
& Batten
***Regarding the large vents on Southwest
facing wall above roofline located near the
main back doors of the building, depending on
how the existing siding is integrated with the
vent system, should deconstruction of the vent
system be required to remove old siding,
Pacific Exteriors LLC project manager to
communicate additional labor cost.
-Tear off and dispose of one layer of old siding
in areas being sided.
-Install PRE -PRIMED 1/2" roughsawn plywood
panel with 1x2 primed wood battens spaced
every 5.5" to the exterior of the building.
-Install metal Z flashing between horizontal
seams.
-Any electrical and light fixtures taken down
during installation of siding will be reinstalled.
-Any cables or wires taken down during
installation will be reinstalled.
-Install a finish trim to all horizontal soffit areas
if needed.
-Clean up and haul away all debris.
-Run a magnet over the yard to pick up nails.
4
Exterior Paint
***Match existing color scheme
$15,960.15
1
$15,960.15
***All new siding and trim to be pre -painted
before installation to ensure complete
Page 3
Initialed by: Pacific Exteriors LLC Property Owner
117
Line #
Part #
Description
Price
Qty
Extend
coverage and best protection
-Spot prime any bare wood and or stained
areas with an oil based, stain blocker primer.
-Tape and mask off all windows and doors as
needed.
-While painting use drop clothes to catch any
over spray.
-Paint siding with two (2) COATS of Sherwin
Williams SUPER PAINT with a LIFE TIME
manufacturers warranty. Apply paint to siding
using high pressure spraying.
-Super Paint is mildew resistant.
-Paint to all outside corner boards and trim the
trim color, front face is painted the trim color,
sides go the body color.
-Paint all Soffits same color as siding base
color, Paint all Fascia and Trim Boards using
different color.
-If any other doors need to be painted there
will be a $185 charge to paint each door. $300
for double doors. Exterior of the door will only
be painted.
-Body color will have a Flat finish, Trim color
will have a Satin finish, and the front door will
have a Semi Gloss or Gloss finish.
5
Options
-Option to replace metal coping along top
edge of entire lower course of tongue &
groove to match current installation is an
additional $6,368.40 + tax
OPTION
1
$0.00
***Options to avoid need for replacement of
metal coping to be discussed further with
Pacific Exteriors LLC project manager
6
DRAIN
-Install DRAIN SHIELD MAX weather barrier
INCLUDED
1
$0.00
SHIELD MAX
-Apply a self adhered flashing tape around all
windows.
7
Primed Wood
***Match existing trim layout
INCLUDED
1
$0.00
Trim Package
-Install 5/4x4 pre primed white wood window
trim to ALL windows.
-Install 514x4 and 514x3 pre primed white wood
as corner boards
-All window trim and corner boards are to be
INLAYED
8
Caulking
-Caulk joints where siding meets the window
trim as needed.
INCLUDED
1
$0.00
-Caulk joints where siding meets the corner
boards as needed.
-Use high quality QUAD MAX Caulking.
Page 4
Initialed by: Pacific Exteriors LLC Property Owner
118
Line #
Part #
Description
Price
Qty
Extend
9
Critical
Flashing
-Install kick out flashing on gutter sidewall
applications as needed.
INCLUDED
1
$0.00
-Install flashing above all window trim and
belly bands.
10
Job Site
Services
-Dumpster or Debris Removal Service
provided if needed.
INCLUDED
1
$0.00
-Honey Bucket provided if needed.
-Material Delivery & Pick Up provided if
needed.
11
Rotten
Sheathing &
***Unlimited FREE rotten SHEATHING
repair***
FREE
1
$0.00
Insulation
-Remove rotten sheathing as needed in areas
being sided.
-Install new OSB Sheathing or plywood to
match where old sheathing was.
***Unlimited FREE rotten INSULATION
repair***
-Remove and replace insulation in areas
where wall sheathing is removed and
insulation is water damaged.
-Install new fiberglass insulation where old
insulation was.
***Should any additional structural repairs be
needed, Pacific Exteriors LLC project manager
to provide estimate once the extent of damage
is known (after project is under way). Estimate
to be based on time and materials ($97/hr +
materials). Client will have an opportunity to
sign a change order at that point (if needed).
Submitted by representative: Approved by Manager
This contract shall not be binding on Pacific Exteriors LLC until approved by an officer of Pacific Exteriors LLC.
Notice to Customer: You are required by RCW 19.186.020(7) to disclose whether you intend to obtain a loan in order to pay for all or part
of the amount due under the contract.
THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE CONTAINED ON TWO PAGES OF THIS FORM.
Buyer acknowledges receipt of copy of this contract.
I accept the terms and conditions of this quotation.
Signed:
Name: Date:
Signed:
Name: Date:
Terms: 35% Down Upon Acceptance
35% Due Upon Substantial Delivery of Materials
25% Due Upon Substantial Completion of Siding
5% Due Upon Substantial Completion of Painting (If included)
Sub -Total $144,238.75
Tax
Total
$14,568.11
$158,806.86
It is agreed and understood by and between the parties that this agreement constitutes the entire understanding
between the parties , and there are no verbal understandings changing or modifying any of the terms. This agreement
may not be changed or its terms modified or varied in any way unless such changes are in writing and signed by both
Buyer(s) and Contractor. Buyer(s) hereby acknowledges that Buyer(s) have read the entire agreement including the
terms and and conditions.
119
TERMS AND CONDITIONS:
1)Checks. All checks shall be made payable to Pacific Exteriors LLC.
2)Delay/Unknown Conditions: Contractor's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to,
strikes, fires, floods, acts of God, material shortages, Buyer's inability to qualify for or obtain financing, delays by local government authorities in issuing or otherwise
approving inspections, permitting, or other required authorizations do not constitute abandonment and are not included in calculating time frames for performance by
Contractor. Contractor and Buyer(s) have determined that a defmite completion date is not of the essence to this Agreement.
3)Late Cancellation/Late Payment/Default: If Buyer(s) attempts to cancel or repudiate this Agreement after midnight of the third business day after the date of this
Agreement, and Contractor accepts such cancellation, which shall be in Contractor's sole discretion based on economic factors including, but not limited to, the status of
Buyer's ordered product, all work under this Agreement will be stopped as promptly as is reasonably possible and Buyer(s) agrees to pay Contractor for any special order
material purchased, construction labor expended, and a cancellation fee equal to 15% of this Agreement's purchase price to offset Contractor's incurred administrative labor,
and miscellaneous administrative costs. Buyer(s) agrees to pay a late fee of 1.5% per month on all amounts due and owing from Buyer(s) to Contractor accruing from the date
due and running to the date the payment is made. If Buyer(s) is in default of this Agreement, Buyer(s) agrees to pay Contractor's attorney's fees or as otherwise allowed by
applicable law. Buyer(s) also agrees to pay any other costs or expenses of repossession or collection as allowed by applicable law.
4)Contractor's Right to Cancel: In the event that Contractor determines that this Agreement cannot be performed as intended by the parties due, for example, to incorrect
pricing, unforeseen structural defects, or pre-existing conditions to Buyer's property, Contractor may cancel this Agreement within thirty (30) days of its execution, notify
Buyer(s) of such cancellation in writing, and retum all monies paid by Buyer(s).
5)No Set-Offs or Retentions: Upon substantial completion of Contractor's work under this Agreement, Buyer(s) shall pay to the contractor, all amounts due under this
Agreement without any right of set-off or retention. Substantial completion is defined as the job being materially completed, functional as intended. If after paying all amounts
due under this Agreement, Buyer(s) alleges that Contractor's work is defective in any respect, Contractor, without waiving any of its rights, shall cause an inspection of the
work and perform any remedial work to the extent the Buyer(s) is entitled to under this Agreement or Contractor's warranty at no cost to Buyer(s).
6)Buyer's Representations: Buyer(s) represents and warrants that (a) Buyer(s) owns the premises where the products and/or services are being provided by Contractor; (b)
Buyer(s) will provide Contractor with reasonable access to the premises, including access to electrical outlets as may be required by Contractor; (c) Buyer(s) shall be responsible
for the preparation, moving, and reinstalling of all wiring, water lines, power lines, plumbing, and the moving of any shrubs, plants, or other items as required by Contractor
under this Agreement; and (d) Buyer(s) acknowledge(s) that any excess material not used by Contractor shall remain the property of Contractor and will not be considered part
of this Agreement.
7)Contractor's Responsibility: Contractor accepts no responsibility for any damage resulting from structural or other defects in the property at which work is performed under
this Agreement. Contractor is not responsible for remedying structural defects in Buyer's property. Buyer(s) acknowledges that Contractor's products do not correct or cure
structural problems. Contractor shall not be responsible for (a) any damages arising in whole or in part from strikes, fires, accidents, floods, governmental actions, or any other
causes beyond control of Contractor; (b) any incidental or consequential damages including, without limitation, lost profits or reduction in value of Buyer's property arising
from Contractor's delay in performing under this Agreement or due to Contractor's breach of this Agreement; and (c) unintentional damage to flooring, window treatments,
landscaping, driveways, sidewalks, gas lines, electrical wiring, plumbing, telephone installations, collateral or incidental damage to interior walls and personal property, it being
understood that Buyer(s) is responsible at Buyer's cost for all preparations, protection, and/or moving of such items prior to Contractor's commencement of work. Contractor
intends to use subcontractors on all or a portion of the work.
8)Product-Specific Terms: Depending on the product(s) and/or services purchased by Buyer(s), certain product-specific terms may apply. If applicable, these product-specific
terms will be contained on the accompanying specification sheet(s). Buyer(s) acknowledges that these product-specific terms are a part of these Additional Terms and
Conditions.
9)Condensation, Mold and Related Matters: Condensation, which can form on or within walls or other surfaces (such as between windowpanes), results from pre-existing
conditions in a home and internal or extemal temperatures. Condensation is not a product or workmanship defect. Reducing the humidity in a home will often remedy any
condensation problems. Buyer(s) agrees to indemnify and hold Contractor and its employees, agents, and subcontractors harmless from any claims as to the identification,
detection, abatement, encapsulation, or removal of mold, asbestos, lead-based products, or other hazardous substances inside or outside of the property at which work is
performed. Contractor does not provide mold testing or remediation services.
10)Miscellaneous: No waiver of any breach of this Agreement shall be construed as a waiver of any prior, concurrent, or subsequent breach hereof. The section headings
contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. In construing this Agreement,
the gender and number of words used may be changed to meet the context. Both Buyer(s) and Contractor agree that this entire Agreement constitutes the entire understanding
between them, and that there are no verbal understandings changing or modifying any of the terms and conditions of this Agreement. No alteration to or deviation from this
Agreement will be valid without the signed, written consent of both Buyer(s) and Contractor. This Agreement shall be governed by and construed in accordance with the laws
of the state in which it is performed, except as may be preempted by federal law. Any part of this Agreement contrary to the law of this state shall not invalidate other parts
of this Agreement. If a provision of this Agreement is held to be invalid or unenforceable, this Agreement shall continue in full force and effect and shall be construed as if the
invalid or unenforceable provision was omitted.
11)Assignment: Buyer(s) agrees that Contractor can assign any of Contractor's rights under this Agreement without Buyer's consent and that the person to whom Contractor
assigns this Agreement shall be entitled to all of Contractor's rights under this Agreement. Buyer(s) understands that Buyer's rights will not be affected by such assignment.
Neither this Agreement nor any rights or benefits hereunder are assignable by Buyer(s) without the prior written consent of Contractor. Any such prohibited assignment shall
be null and void.
12)Arbitration of Disputes: Contractor and Buyer(s) agree that any and all disputes, claims, or controversies (hereafter referred to as a "Claim") arising under or relating to this
Agreement and any related documents, loans, security instruments, accounts, or notes, including by way of example and not as a limitation: (i) the relationships resulting from
this Agreement and the transactions arising as a result thereof; (ii) the teens of this Agreement; or (iii) the validity of this Agreement or the validity or enforceability of this
arbitration provision may, at the election of either party, be subject to binding arbitration to be determined by one arbitrator, in accordance with and pursuant to the then
prevailing Consumer Arbitration Rules of the American Arbitration Association ("AAA), to be held and arbitrated in King County, Washington. Buyer(s) agrees that Buyer(s)
will not assert a Claim on behalf of, or as a member of, any group or class. The findings of the arbitrator shall be final and binding on all parties to this Agreement. Each party
shall be responsible for its own fees and costs, unless otherwise determined by the arbitrator. This agreement to arbitrate, and any award, fording, or verdict of or from the
arbitration, will be specifically enforceable under the prevailing law of any court having jurisdiction. The party asserting a Claim shall file a notice of the demand for
arbitration with the other party to this Agreement and with AAA. The demand for arbitration shall be made within a reasonable time after the Claim in question has arisen, and
in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of
limitations. Any arbitration proceeding brought under this Agreement, and any award, finding, or verdict of or from such proceeding shall remain confidential between the
parties and shall not be made public.
Both Contractor and Buyer(s) are hereby potentially agreeing to choose arbitration, rather than litigation or some other means of dispute resolution, to
address any grievances or alleged grievances. The parties believe this may allow for a faster and more cost-effective method of addressing a Claim. By
entering into this Agreement and this arbitration provision, both parties may be potentially giving up their constitutional right to have any dispute decided
in a court of law before a jury, and instead are potentially accepting the use of arbitration.
13)Scope of work: Company and/or its subcontractors will furnish or arrange for all labor, supervision, material, tools and in the Sales Agreement. Company will not be
responsible for work which is not included in the description.
Initialed by: Property Owner
120
14)Work Area: Customer will provide the Company with a work area that is safe, free from hazardous materials and clear of obstructions. Pacific Exteriors LLC will not
be responsible for damaged landscaping in the work area. Client agrees to stay clear of the work area. Client is fully and solely responsible for any injuries incurred on the
job site by anyone other than Pacific Exteriors LLC's employees, sub contractors, and suppliers.
15)Permits and Inspections: Unless otherwise agreed in writing, The CUSTOMER., at Customer's sole expense, will obtain all necessary permits for the work from
governmental authorities and procure all inspections and sign-offs required by law. Any cost incurred by the contractor due to assist in obtaining such permits,
inspections, delays caused by stop work orders, and sign-offs shall be added to the Total Cash Price.
16)Commencement of Work: Company will not be obligated to commence work at the job site (and if commenced, will not be obligated to continue) until Customer (a)
has paid the deposit required of this Sales Agreement (b) has signed this Sales Agreement and all related documents required by Company and (c) has satisfied its
obligations under Work Area section above.
17)Changed Conditions: If Customer becomes aware of any fault, defect or condition affecting the work area, which was not previously known by Company, customer
will promptly notify Company of the changed condition. If Company should encounter concealed, unknown or latent conditions during the performance of the work
which differ materially from those ordinarily encountered, Customer will pay for additional labor, supervision, material supplies, tools and equipment used by Company
to complete the work under the changed conditions.
18)Workmanship and Warranty. Company will perform the installation in accordance with the Sales Agreement and the drawings and specifications prepared pursuant
thereto, using good workmanship and accepted standards of construction and installation. Pacific Exteriors LLC shall not be liable for leaks or water damage caused by
pressure washing. Pacific Exteriors LLC DOES NOT WARRANT CAULKING, customer must refer to the manufactures warranty only. Company warrants its work to
be free from defects in workmanship for a period of one (1) Year, from the date of completion. The customer will be responsible for completion of paperwork for all
manufacture(s) warranty upon completion of the work, whereupon Customer will have all rights and remedies against the manufacturer(s) as is provided by such
warranties. THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY PACIFIC EXTERIORS LLC AND IS IN LIEU OF ALL OTHER
WARRANTIES RELATING TO THE WORK DESCRIBED IN THE SALES AGREEMENT WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES AS TO MERCHANTABILITY, OR THAT THE INSTALLATION AND/OR MATERIALS PROVIDED ARE FIT OR
SUITABLE FOR A PARTICULAR PURPOSE. No representative of Company is authorized to extend or expand this warranty in any manner.
19) Limitation on Liability. CUSTOMER AGREES THAT FOR ANY BREACH BY PACIFIC EXTERIORS LLC HEREUNDER, NO REMEDY AGAINST PACIFIC
EXTERIORS LLC OR ANY OF ITS AFFILIATED CORPORATIONS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSONS OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS)
SHALL BE AVAILABLE TO CUSTOMER. CUSTOMER AGREES THAT ITS SOLE REMEDY IN THE EVENT OF A BREACH OF PACIFIC EXTERIORS LLC'S
CONTRACT AND OR WARRANTY CLAIM WILL BE REPAIR OR REPLACEMENT AND ANY SUCH CLAIM BY CUSTOMER WILL ONLY BE AVAILABLE OR
FOR A PERIOD OF (1) ONE YEAR AFTER SUBSTANTIAL COMPLETION. LIABILITY SHALL BE LIMITED TO THE FACE AMOUNT OF CONTRACT.
CLIENT HEREBY EXPRESSLY WAIVES AND RELEASES AND SUCH CLAIM, CAUSE OF ACTION OR LAWSUIT THAT IS NOT FILED WITHIN SIX (6)
MONTHS FORM THE EXPIRATION OF THIS WARRANTY. Any warranty work performed by Pacific Exteriors LLC does not extend the warranty period.
20)Scaffolding: If scaffolding is used, scaffolding will be attached to the roof. Pacific Exteriors LLC will apply sealant to the areas where the scaffolding is attached.
Pacific Exteriors LLC will not replace any roofing. Any roofmg replacement will be done at the Customers sole expense.
21) Signs and advertising. Client authorizes Pacific Exteriors LLC to place a job sign on the job site. In addition client authorizes Pacific Exteriors LLC to take
photographs and or videos of the job site and of its work. Client recognizes and agrees that photographs and videos taken by Pacific Exteriors LLC or it's agents if any
are the exclusive property of Pacific Exteriors LLC without charge and may be used at Pacific Exteriors LLC discretion for any reasonable purpose whatsoever.
22)Incidental damages. The customer understands the risks of damage to the driveway / yard during material and dumpster deliveries and accepts financial responsibility
for any damages.
23)For roofmg and siding work, if Buyer(s) intends to obtain a loan to pay for all or part of the work, the following applies: CUSTOMER'S RIGHT TO CANCEL: IF
YOU HAVE INDICATED IN THIS AGREEMENT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK SPECIFIED IN
THIS AGREEMENT, YOU HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL THIS AGREEMENT WITHIN THREE DAYS OF THE DATE
WHEN THE LENDER PROVIDES YOU WITH YOUR TRUTH-IN-LENDING DISCLOSURE STATEMENT OR THE DATE WHEN YOU RECEIVE
WRITTEN NOTIFICATION THAT YOUR LOAN WAS DENIED. BE SURE THAT ALL PROMISES MADE BY YOUR CONTRACTOR ARE PUT IN
WRITING BEFORE YOU SIGN THIS AGREEMENT. NOTICE TO CUSTOMER
This contractor is registered with the state of Washington, registration no PACIFEL917NK, and has posted with the state
a bond or deposit of $12,000 for the purpose of satisfying claims against the contractor for breach of contract including
negligent or improper work in the conduct of the contractor's business. The expiration date of this contractor's registration
is 3/27/2023
THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE
FROM THE WORK DONE UNDER YOUR CONTRACT.
This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or
deposit is intended to pay valid claims up to $12,000 that you and other customers, suppliers, subcontractors, or taxing
authorities may have.
FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT.
You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time
to provide protection to you and help insure that your project will be completed as required by your contract.
YOUR PROPERTY MAY BE LIENED.
If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or
subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same work.
FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH
ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR
PROJECT.
The contractor is required to provide you with further information about lien release documents if you request it. General
information is also available from the state Department of Labor and Industries.
I have received a copy of this disclosure statement. Signed by: Property Owner Date
121
__��-=G'S.tll�llilllll l ��I 1111.1.
122
123
124
125
126
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
9/26/22
PH
10/3/22
PH
ITEM INFORMATION
ITEM No.
7.A.
STAFF SPONSOR: ERIC DREVER
ORIGINAL AGENDA DATE: 9/26/22
AGENDA ITEM TITLE School Speed Zone Camera — Proposal
CATEGORY ® Discussion
Mtg Date 9/26/22
Motion
Mtg Date 10/3/22
Resolution
Mtg Date
❑ Ordinance
Mtn Date
Bid Award
Mte Date
❑ Public Hearing
Alt e Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ® Police ❑ PIS
SPONSOR'S
SUMMARY
The PD is seeking to reduce speeding violations near Foster High School, Showalter Middle
School, and Thorndyke Elementary School on 42nd Ave S. by placing Speed Zone Cameras
in those school zones. The PD would like the Council to approve the expansion and
installation of School Speed Zone cameras to include the locations on 42nd Ave S.
REVIEWED BY
❑ Trans&Infrastructure Svcs 1 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
DATE: 9/12/22
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONsoR/ADMIN. Police Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
9/26/22
10/3/22
MTG. DATE
9/26/22
10/3/22
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 9/6/22
2019 Radar Study for S. 144th St. and 42nd Ave. S.
Minutes from the Community Services and Safety Committee meeting of 9/12/22
No attachments
127
128
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
9/26/22
NG
10/3/22
NG
ITEM INFORMATION
ITEM No.
7.B.
STAFF SPONSOR: NORM GOLDEN
ORIGINAL AGENDA DATE: 9/26/22
AGENDA ITEM TITLE An Interlocal Agreement with the Puget Sound Regional Fire Authority (PSRFA).
CATEGORY ® Discussion
Mtg Date 9/26/22
Motion
Mtg Date 10/3/22
Resolution
Mtg Date
❑ Ordinance
Mtn Date
Bid Award
Mte Date
❑ Public Hearing
Alt e Date
Other
Mtg Date 9/19/22
SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ® Fire ❑ P&R ❑ Police ❑ PIF
SPONSOR'S
SUMMARY
This is the contract for services between the City of Tukwila (City) and Puget Sound
Regional Fire Authority (RFA). Under this contract, the RFA will provide fire and emergency
medical services to the City starting January 1, 2023. The ultimate goal is to go to the
voters for approval to annex into the RFA in the next two years (no later than April 2024).
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. Mayor's Office/Fire Department
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$14.7M
AMOUNT BUDGETED
$14.2M
APPROPRIATION REQUIRED
$
Fund Source: GENERAL FUND
Comments:
9/26/22
10/3/22
MTG. DATE
9/26/22
10/3/22
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memo dated September 12, 2022
Interlocal Agreement
Tukwila Statement of Principle
Interlocal Agreement
129
130
INTERLOCAL AGREEMENT FOR CONSOLIDATION OF FIRE SERVICES
This Agreement is entered into between PUGET SOUND REGIONAL FIRE AUTHORITY, a
municipal corporation, hereafter referred to as "RFA," and CITY OF TUKWILA, a municipal
corporation, hereafter referred to as "City" (collectively, "the Parties").
RECITALS
1. This Agreement is entered into by the City under the authority of RCW 35A.11.040 and the
RFA under the authority of RCW 52.26.090 and by both Parties in conformity with chapter
39.34 RCW, the Interlocal Cooperation Act.
2. The RFA and the City currently each maintain and operate their own fire departments to
provide fire protection, fire suppression, fire marshal services, and emergency medical services
in their respective jurisdictions.
3. The purpose of this Agreement is to consolidate services to allow for the RFA to provide fire
protection, fire suppression, fire marshal services, emergency medical services and non-
emergency medical services (collectively, "Services," as detailed in Section 3) to the City.
4. This Agreement is an interim step to the Parties' shared goal that the City secure voter approval
to annex into the RFA effective either August 1, 2024, or no later than August 1, 2025.
AGREEMENT
To carry out the purposes of this Agreement and in consideration of the benefits to be received by
each party, the Parties hereby agree as follows:
1. DEFINITIONS.
1.1. The following terms, when used in this Agreement, shall be defined as follows:
(a) "RFA" means the Puget Sound Regional Fire Authority, a Washington municipal
corporation.
(b) "City" means the City of Tukwila, a Washington municipal corporation.
(c) "Chief' means the duly appointed Fire Chief, or acting Fire Chief, of the RFA.
(d) "Material Breach" shall be defined as either:
(i) The RFA's failure to provide Services at the Level specified in Section 3;
(ii) The City's failure to pay the contract payments specified in Exhibit A
(Costs), or
(iii) Any other failure of a party to perform a contractual obligation that prohibits
the other party from performing its payment or service obligations.
{KLS2682066.DOCX;1/13175.000001/ } 1
131
(e) "Wind Up Period" means the agreed upon process as determined by the Transition
Group resulting from contract termination in Sections 2.4 (Voluntary Termination)
or 2.5 (Termination for Material Breach) to re-establish the City's fire related
services either by reconstituting the City's fire department or by contracting with
another fire service provider.
2. TERMS OF SERVICE AND ANNEXATION.
2.1. Term. This Agreement shall be effective on January 1, 2023 ("Effective Date") and
shall automatically renew every two years on the Anniversary Date in odd -numbered
years (2025 and 2027), unless earlier terminated in accordance with Sections 2.2
(Termination upon Annexation Effective Date), 2.4 (Voluntary Termination), and/or
2.5 (Termination for Material Breach). For purposes of this Agreement, January 1st
shall be referred to as the "Anniversary Date."
2.2. Termination upon Annexation Effective Date. Immediately upon the Effective Date
of this Agreement, the Parties shall determine a schedule for developing terms by
which the City shall, if approved by City voters, annex into the RFA consistent with
terms of a mutually agreeable Annexation Plan. While acknowledging that this action
is subject to future legislative action by both Parties, the Parties agree to use best efforts
to place an annexation ballot measure before the City voters no later than the April
2024 special election ("First Annexation Vote"), with an annexation effective date no
later than August 1, 2024. If the voters approve the annexation, then this Agreement
shall terminate as of the annexation effective date. If the First Annexation Vote is
rejected by City voters, then the Parties agree to work together to determine if the
annexation proposition should be revised, and in any event, shall use their best efforts
to submit a second annexation vote proposal to the voters of the City by no later than
the April 2025 special election ("Second Annexation Vote"), with an annexation
effective date no later than August 1, 2025. If the voters approve the annexation at the
Second Annexation Vote, then this Agreement shall terminate as of the annexation
effective date for the Second Annexation Vote.
2.3. Annexation Principles. The Parties agree that they shall seek an Annexation Plan to
accomplish the following shared goals and principles:
(a) Equitable Governance Representation. The City shall be provided voting seats
on the RFA Board equivalent to the voting rights of other Cities or Fire Districts
that are RFA members with RFA Board voting rights.
(b) Equitable Financial Contribution. During the term of this Agreement, the Parties
agree that the RFA finances should not result in any participating jurisdiction
providing a significant subsidy to other agencies that participate in, or served under
contract by, the RFA and should reflect the benefit to each participating jurisdiction
or contract agency of having the services from a regional fire agency. The Parties
agree to review adjustments to the RFA Fire Benefit Charge (FBC) formula and to
{KLS2682066.DOCX;1/13175.000001/ } 2
132
submit to the RFA Board for approval adjustments in the FBC formula to ensure
this policy goal is reasonably met to the satisfaction of both the City and the RFA.
2.4. Voluntary Termination. The City or the RFA may voluntarily terminate this
Agreement if the Second Annexation Vote fails. The termination date shall be as of
December 31 of the year following the year in which notice of termination is given,
provided the City or RFA shall give the other party a minimum of eighteen (18)
months' notice prior to termination. In the event of voluntary termination by either
party, the terms of asset transfer and employee layoffs to facilitate the City's
reconstituting a City fire department or securing service from another fire service
provider are described in Section 2.5(e) (Asset Transfer Back to City), Section 5.7
(Disposition of Property in the Event of Termination), and Section 6.8 (Effect on
Represented Personnel in the Event of Termination).
2.5. Termination For Material Breach. Either Party may terminate this Agreement in the
event of a Material Breach of this Agreement by the other Party pursuant to the
following process:
(a) The non -breaching Party shall provide the breaching Party with written notice
which sets forth the alleged Material Breach(es).
(b) The breaching Party shall have ninety (90) days following receipt of the notice from
the non -breaching Party (the "Cure Period") to cure such alleged Material
Breach(es).
(c)
In the event the breaching party fails to cure such Material Breach(es) during the
Cure Period, the non -breaching Party may terminate this Agreement upon the
expiration of the Cure Period, subject to the Wind -Up provisions set forth in
Sections 2.5(d) & (e) by providing the breaching party with written notice of
termination of this Agreement. The right to terminate this Agreement set forth in
this paragraph shall be in addition to the other rights and remedies available to the
Parties under applicable law.
(d) In the event of a Material Breach of this Agreement that has not been cured by the
expiration of the Cure Period, the Parties shall, unless the Parties mutually agree
otherwise in writing, continue to perform their respective obligations under this
Agreement for a minimum of twelve (12) months after the expiration of the Cure
Period (the "Wind -Up Period"); provided, that the Wind -Up Period shall be six (6)
months if the Material Breach involves the City's failure to make the Contract
Payment or the RFA's failure to provide services; provided further, that during the
Wind -Up Period, the Parties shall coordinate and cooperate their efforts to
transition services in good faith. If the RFA is providing all services as defined in
Section 3, the City shall be responsible for all payments required herein until the
conclusion of the Wind -Up Period.
(e) In the event either Party gives notice of termination of this Agreement per Sections
2.4 and/or 2.5, the Mayor and RFA Fire Chief shall meet within two weeks of the
non -terminating Party's receipt of the notice to establish a Transition Group with
such membership from both parties as the Mayor and Fire Chief may determine If
the City determines to seek service from another fire/EMS agency, the Transition
{KL52682066.DOCX;1/13175.000001/ } 3
133
(1)
Group shall include representation from that agency. The Transition Group shall be
tasked with developing and implementing a Transition Plan during the Wind -Up
Period to ensure a smooth transition by either reconstituting the City fire
department or transferring the City to a new fire service provider, including, among
other provisions, the plan for delivering back to Tukwila all Information
Technology identified in Exhibit F (Information Technology), all Real Property
identified in Exhibit G (Real Property), all Personal Property identified in Section
5.3 (Exhibits H (Gear) & L (Fleet)), and all City Records identified in Exhibit
I (Records Management) of this Agreement.
Upon issuance of a notice of termination of this Agreement, the City shall make a
prompt determination as to whether it will seek to reconstitute a City fire
department or secure services from a different fire/EMS agency(s) and shall provide
at least twelve (12) months' notice of its intention to the RFA.
If the City decides to reconstitute its fire department, the City shall
determine its staffing needs and shall prioritize hiring RFA personnel laid
off by the RFA as a direct result of the termination of this Agreement
consistent with the terms of Section 6.8.
ii. If the City determines to secure fire/EMS services from a different fire/EMS
agency, the RFA and the City shall work cooperatively and make reasonable
efforts to support the placement of any laid off RFA employees with the
new provider that becomes responsible for fire/EMS services for the City.
3. SERVICES PERFORMED BY THE RFA FOR THE CITY
3.1. Fire Suppression Services. The RFA shall furnish fire protection, fire suppression and
all hazard emergency response services necessary for the protection of life and property
to all properties and persons presently within or subsequently annexed to the City
including all City owned or leased real and personal properties. Such services shall be
rendered within the City on the same basis as is rendered to other areas within the RFA
or with which the RFA has contracts without regard to political boundaries but rather
with regard to providing the most efficient and effective service to the entire area
served by the RFA.
3.2. Emergency Medical Services. The RFA shall furnish emergency and non -emergency
medical services to all properties and persons presently within or subsequently annexed
to the City including all City owned or leased real and personal properties. Such
services shall be rendered within the City on the same basis as is rendered to other areas
within the RFA or with which the RFA has contracts without regard to political
{KLS2682066.DOCX;1/13175.000001/ } 4
134
boundaries but rather with regard to providing the most efficient and effective service
to the entire jurisdiction served by the RFA.
3.3. Community Risk Reduction (CRR) Services. The RFA shall perform Fire
Prevention services for the City as follows:
(a) Community Risk Reduction services as outlined in Exhibit B (Community Risk
Reduction).
(b) Designation of Fire Chief and Fire Marshal. For the purposes of enforcement of
federal, state, and city laws in relation to the provision of fire services, and for the
purposes of complying with federal and state grant programs or any other programs
which relate to the provisions of the services hereunder, the City hereby designates
the Fire Chief of PSRFA as the City's Fire Chief, and the PSRFA's Fire Marshal
as the City's Fire Marshal and Fire Code Official. Notwithstanding the preceding
designations, the Fire Chief and Fire Marshal shall remain employees of the RFA,
and the RFA shall retain absolute discretion over all employment decisions relating
to the Fire Chief and Fire Marshal.
(c) All records relating to the provision of Fire Prevention services, including retention,
custody, and disclosure shall be managed in accordance with Exhibit I (Records
Management).
3.4. Public Education. The RFA shall provide the City with public education services as
specified in Exhibit C (Public Education).
3.5. Fire Investigation Services. The RFA shall perform Fire Investigation services for the
City as follows:
(a) Fire Investigation services as outlined in Exhibit D (Fire Investigation).
(b) All records relating to the provision of Fire Investigation services in the City of
Tukwila, including retention, custody, and disclosure shall be managed in
accordance with Exhibit I (Records Management).
3.6. Emergency Management Services. The RFA shall perform Emergency Management
services for the City as follows:
(a) Emergency Management Support and Consultation. The City shall remain
responsible for providing Emergency Management services in the City of Tukwila.
The RFA shall provide support and consultation to the City Emergency
Management Director as outlined in Exhibit E (Emergency Management).
(b) Emergency Coordination Center Staffing. The City shall permit the RFA to
assign a designated RFA staff member to the Emergency Coordination Center
(ECC) during periods in which the ECC is activated.
(c) All records relating to the provision of Emergency Management services in the City
of Tukwila, including retention, custody, and disclosure shall be managed in
accordance with Exhibit I (Records Management).
{KLS2682066.DOCX;1/13175.000001/ } 5
135
3.7. Information Technology. The RFA shall provide information technology services
necessary to support the Services identified in this Section 3. The City shall provide to
the RFA its existing Information Technology equipment identified in Exhibit F
(Information Technology).
3.8. Level of Service for Fire Suppression and Emergency Medical Services. The RFA
shall maintain the following minimum staffing levels of twelve (12) per day to support
Fire Suppression and Emergency Medical Services within the City during the term of
this Agreement. In addition, the District Chief and Battalion Chief shall support all four
stations as necessary for operational purposes. The following example of a deployment
model is one way to provide services but may be adjusted as necessary to support
service delivery:
(i) Station 51 Minimum Staffing (L351). One Engine or Ladder Truck with
one captain, one engineer, and one firefighter or engineer.
(ii) Station 52 Minimum Staffing (E352). One Engine or Ladder Truck with
one captain, one engineer, and one firefighter or engineer.
(iii) Station 53 Minimum Staffing (E353). One Engine or Ladder Truck with
one captain, one engineer, and one firefighter or engineer.
(iv) Station 54 Minimum Staffing (E354). One Engine or Ladder Truck with
one captain, one engineer, and one firefighter or engineer.
(v) Minimum Staffing. For purposes of this Agreement, the Parties agree that
the RFA must maintain employment of 48 uniformed firefighters, a shared
Battalion Chief, and a shared District Chief that are primarily assigned to provide
service in the City. An additional four (4) employees shall be maintained to
provide Community Risk Reduction (CRR) services to the City.
(b) Standards of Response Coverage for Fire Suppression and Emergency
Medical Services. The RFA agrees to maintain a Total Response Time (turnout
time + drive time) in the response to emergencies and the deployment and use of
personnel, at the following levels that exist as of the date this Agreement was
negotiated:
(i) Fire Emergencies: Six and one half (6:30) minutes for ninety percent
(90%) of all fire incidents evaluated on a rolling twelve-month period.
(ii) Basic Life Support (BLS) and Effective Response Force: Ten (10)
minutes for ninety percent (90%) of all BLS incidents and incidents requiring an
effective response force evaluated on a rolling twelve-month period.
(c) Temporary Adjustments to Staffing Levels or Standards of Response
Coverage. The RFA reserves the right to temporarily modify staffing levels and
Standards of Response Coverage from time -to -time as circumstances may require.
The RFA shall provide the City with written notice of any temporary changes that
exceed 72 hours in duration. Subject to the minimum staffing requirements in
Section 3.8 (i) -(v) above, the RFA shall provide the City with advance notice of
any permanent increase or decreases in the Standards of Response Coverage
affecting the City. In the event of a decrease, the Parties shall explore options for
avoiding the decrease and adjusting the services costs correspondingly.
{KLS2682066.DOCX;1/13175.000001/ } 6
136
4. PAYMENT FOR SERVICES.
4.1. Payment Procedures. For the services provided pursuant to this Agreement, the City
shall pay the RFA the amounts determined under Exhibit A (Costs). The RFA shall
provide the City with quarterly invoices for the amounts due for services rendered in
the previous quarter, and the City shall pay all invoiced amounts within 30 days of
receipt.
4.2. Semi -Annual Cost Evaluation and Equalization. The Parties intend that the payment
for services be fair, equitable, and reasonable. Prior to the RFA providing the second
and fourth quarter invoices to the City, the Parties shall evaluate whether the actual
costs of services rendered by the RFA approximately equal the City's proposed
payment for services consistent with Exhibit A (Costs). The Parties intend to adjust
the City's payment upward or downward to ensure the City is not over or under paying
for services rendered by the RFA.
4.3. Failure to Submit Invoice. The failure of the RFA to submit an invoice for services
to the City within the timeframes provided in this Agreement shall not result in a waiver
of the City's obligation to pay for the services; provided that the failure of the RFA to
invoice the City for a period in excess of thirteen (13) months from the date the services
were rendered shall result in a complete waiver and shall release the City from any
obligation to pay for those services, unless otherwise agreed to by the Parties.
4.4. RFA Charges Under RCW 52.30.020. The RFA may exercise its powers under RCW
52.30.020, or other provisions of state or federal law related to fire protection and
emergency medical services, by contracting directly with state agencies, state
institutions or municipal corporations owning real property or improvements within
the City.
4.5. Significant Change in Cost of Providing Services. In the event either Party
determines that a material and significant increase or decrease in the costs of providing
services under this Agreement as the result of a legislative policy or declaration, or
other event has occurred that mandates a change in the level of service or cost of
service, beyond the control of the Parties, then, at the request of either Party, the Parties
shall renegotiate the funding and service provisions of this Agreement. If the Parties
are unable to successfully renegotiate this Agreement through good faith negotiations,
the Dispute Resolution Provisions of this Agreement shall apply.
4.6. No Additional Financial Contributions as a Condition of Annexation. The City
having transferred its fire apparatus and equipment to the RFA in anticipation of the
City's near-term annexation into the RFA pursuant to this Agreement, the Parties agree
and confirm that the RFA will not require any further financial contributions from the
City as a condition of annexation, including but not limited to reserve and working
capital funding, annexation start-up costs, or any other one time or ongoing financial
needs of the RFA. Notwithstanding the foregoing, unless the Parties agree to share the
cost of the City annexation election(s) and public outreach related to those election(s),
such costs shall be the responsibility of the City.
{KLS2682066.DOCX;1/13175.000001/ } 7
137
5. ASSET TRANSFERS.
5.1. Real Property. The City owns and shall retain title to Fire Stations 51 through 54, and
related improvements, as legally described in Exhibit G (Real Property). During the
term of this Agreement, the City shall lease to the RFA the real property and
improvements identified in Exhibit G (Real Property) for $1.00 per year pursuant the
terms of separate written leases, which shall contain, at a minimum, terms consistent
with this Paragraph and Section 5.2.
5.2. Maintenance and Improvement of Real Property.
(a) Routine Maintenance. Routine maintenance includes all regular maintenance that
does not meet the threshold of Major Repairs and Maintenance set forth in Section
5.2.b. The RFA shall be solely responsible for the routine maintenance associated
with the Real Property identified in Exhibit G (Real Property).
(b) Major Repairs and Maintenance. Major Repairs and Maintenance shall be
defined as repairs or maintenance items that cost more than one thousand dollars
($1,000). The City and the RFA shall share equally in the cost of major repairs and
maintenance, provided the RFA's contribution shall be capped at ten thousand
dollars ($10,000) for any individual repair or maintenance.
(c) Utilities. The RFA shall be responsible for payment of all utilities serving the Real
Property in Exhibit G (Real Property).
(d) Capital Improvements. Capital Improvements for the purpose of this Agreement
shall be defined as repairs, maintenance, or improvements to the Real Property in
excess of ten -thousand -dollar ($10,000). The City shall remain solely responsible
for all Capital Improvement costs beyond the RFA's maximum contribution under
Section 5.2(b). to the Real Property in Exhibit G (Real Property).
(e) Disposition of Real Property in the Event of Termination. In the event this
Agreement is terminated pursuant to Section 2, except as otherwise addressed in
the Annexation Plan, the Lease Agreements for the Real Property shall be
terminated effective on the date the RFA is no longer responsible for providing
services to the City, and the City shall assume full responsibility for the Real
Property in Exhibit G (Real Property).
5.3. Personal Property. The City shall transfer ownership of all City personal property
identified in Exhibits H (Gear) & (Fleet) to the RFA for the entire term of this
Agreement, collectively "Personal Property."
(a) Title. The City shall transfer title to the RFA all titled Personal Property in Exhibits
H (Gear) & L (Fleet).
(b) Service and Maintenance Records. The City shall provide the RFA with all
applicable service and maintenance records, shop manuals, and other documents
related to the Personal Property in Exhibits H (Gear) & L (Fleet).
{KLS2682066.DOCX;1/13175.000001/ } 8
138
(c) Maintenance of Personal Property. The RFA shall be responsible for the
maintenance, repair, and replacement of all Personal Property in Exhibit H (Gear)
& L (Fleet) during the term of this Agreement.
(d) Personal Property Insurance. The RFA shall be responsible for insuring the
Personal Property in Exhibits H (Gear) & L (Fleet).
5.4. Capital Purchases. The RFA shall order a new Pierce Enforcer Pumper in 2022
consistent with the current replacement schedule for pumpers serving the Tukwila
stations, and the City shall be invoiced three payments over three (3) years with the
first payment occurring in 2023, the second payment in 2024, and the final payment in
2025.
5.5. Startup Costs. The RFA has identified the need for new uniforms and information
technology ("IT") equipment (e.g., laptops, desktops, monitors, etc.) (collectively,
"Startup Costs"), to provide services to the City under this Agreement, and the City
has identified a 2021 Aid Unit vehicle of comparable value to Startup Costs. The City
shall transfer the 2021 Aid Unit vehicle to the RFA, and the RFA agrees to accept said
vehicle from the City as reimbursement of the RFA's Startup Costs. The Parties agree
that such exchange constitutes fair and adequate consideration to both the RFA and the
City, and the City shall not be obligated to pay the RFA any additional Startup Costs.
5.6. Records. The Parties agree that the transfer, retention, and plan for records
management is set forth in Exhibit I (Records Management).
5.7. Disposition of Property in the Event of Termination. In the event this Agreement is
terminated pursuant to Section 2.4 or 2.5, the RFA shall transfer to the City any and all
Personal Property (Exhibits H (Gear) & L (Fleet)) of comparable value and utility,
excluding the 2021 Aid Unit referenced in Section 5.5 (Startup Costs), and provided
that such Personal Property is still owned by the RFA on the Termination Date.
5.8. Disposition of Personal Property in the Event of Termination by Annexation.
Except as otherwise provided in the Annexation Plan, in the event this Agreement is
terminated by the annexation of the City into the RFA, all Personal Property shall be
considered as permanently owned by the RFA.
6. EMPLOYEE TRANSFERS.
6.1. City Employees to become RFA Employees. The RFA shall become the employer of
those employees of the City identified in Exhibit J (Employees).
6.2. Collective Bargaining. Each Party has undertaken to collectively bargain the impact
of this Agreement upon the respective labor unions which represent each Party's
employees. International Association of Fire Fighters (IAFF) Local 1747 "RFA Union"
and IAFF Local 2088 "City Union" have approved a Memorandum of Understanding
(MOU) establishing the conditions under which the City fire fighters shall be integrated
into the RFA Union. The approval of this Interlocal Agreement by the City and the
RFA shall constitute each Party's approval of the terms and conditions of the MOU
between the unions.
{KL52682066.DOCX;1/13175.000001/ } 9
139
6.3. Accrued Employee Leave Balances. The RFA shall be responsible for the full amount
of City employees' leave balances, excluding the value of accrued compensatory time,
existing on the Effective Date of this Agreement, which value the City shall determine
and provide to the RFA as of December 31, 2022. The Parties agree that these leave
balances offset the Personal Property transfer set forth in Section 5.3 in a manner that
is fair and equitable to both Parties, and that the City shall not owe any additional
compensation to the RFA for such accrued employee leave balances upon annexation.
(a) Responsibility for Accrued Leave Balances Accruing After Effective Date on
Termination. The terminating Party (RFA or City) under Section 2.4 shall be
responsible for accrued leave balances of any of the RFA employees employed by
the City or its successor service provider to meet the City's minimum staffing
requirement that are laid off by the RFA as a direct result of the termination of this
Agreement. The breaching Party (RFA or City) under Section 2.5 shall be
responsible for accrued leave balances of any of the RFA employees employed by
the City or its successor service provider to meet the City's minimum staffing
requirement that are laid off by the RFA as a direct result of the termination of this
Agreement. If the Parties mutually agree to the termination of this Agreement, the
impacts to accrued leave balances shall be bargained in good faith by both sides. If
the Agreement is terminated by annexation, the RFA shall remain responsible for
the accrued leave balances.
6.4. City Responsibility for Law Enforcement Officer & Fire Fighter (LEOFF) Plan 1
Retirees. The City shall retain the liability for LEOFF 1 City Fire Department retirees
to include medical and long-term care insurance payments and any other expenses
incurred by the City Fire Department LEOFF 1 personnel in accordance with the City
LEOFF 1 Policies and Procedures. The City does not have any LEOFF 1 members
currently employed.
63. City Responsibility for Retirement Management Program (RMP). The City retains
the obligations established in the City of Tukwila and IAFF Local 2088 Collective
Bargaining Agreement (CBA) Memorandum of Understanding (MOU) concerning the
Retirement Management Plan (RMP) for participants that have retired prior to January
1, 2023, as identified in Exhibit K (RMP)
6.6. Indemnification Regarding City Personnel Claims. The City shall indemnify,
defend, and hold the RFA harmless from any and all demands, claims, or actions by
former City Personnel, which arise out of, or relate to, the City Personnel's
employment prior to the Effective Date of this Agreement.
6.7. Civil Service. As of the Effective Date of this Agreement, the City Employees
transferred to the RFA shall be subject to the RFA's Civil Service Commission
consistent with chapter 41.08 RCW and RCW 52.26.100. During the term of this
Agreement, the City personnel shall be considered part of the RFA's civil service
system.
6.8. Effect on Represented Personnel in the Event of Termination.
a) The Parties acknowledge that all Zone 3 fire/EMS agencies are reliant on one
another to support incident responses daily, and that Zone 3 fire/EMS agencies
{KLS2682066.DOCX;1/13175.000001/ }
140
10
collaborate to secure efficiencies in the delivery of fire/EMS services and work
together to improve service levels to the public across Zone 3. In the event this
Agreement is terminated, whether the City determines to reconstitute its fire
department or secure fire/EMS services from another Zone 3 fire/EMS agency, or
other neighboring Zone fire/EMS agency, the Parties have a mutual interest in
ensuring the success of the City's service transition and the quality and reliability
of the services to be provided for the City as a result of that transition, which by
extension will also support the RFA and other Zone 3 fire/EMS agencies and the
communities they serve. The obligations of the Parties in this Section 6.8 shall be
construed to support the mutual goals and benefits outlined in this subsection (a).
b) In the event of termination of this Agreement, the City shall identify its staffing
needs per the approved organizational chart, or to support the needs of the agency
that will become the City's new service provider, in accordance with Section 6.8(c)
of this Agreement. The intent is to provide a stratified list of employees (Seniority,
Rank, Fire Marshal's Office, etc.) based on the seniority, rank and qualifications
needed to establish a cost-effective and efficient City fire department operating not
less than two fire stations and a Fire Marshal's Office. An organizational chart shall
be developed by the Transition Group reflecting a mutually agreeable way to meet
the City's needs, provided that the City shall have sole discretion to determine the
number of fire stations to be staffed by the new City department, and the daily
minimum staffing for the stations. The organizational chart shall be approved by
the City's legislative body. The City shall not be required to hire any former RFA
personnel in excess of the staffing needs reflected on the City's approved
organization chart. The RFA shall not be required to lay off any RFA personnel
that would reduce RFA staffing needs below that required to meet its operational
needs after it no longer provides service to the City.
c) RFA personnel layoffs directly resulting from the termination of this Agreement
shall be made in the following priority order:
i. Voluntary. RFA members volunteering to join the reestablished City
organization or its successor service provider(s). Any ties shall be decided
by seniority with the more senior member getting the position.
ii. Legacy Tukwila Employees. All employees of the City whose
employment is transferred to the RFA pursuant to this Agreement (Tukwila
Legacy Employees) shall be the next to be laid off, in order of seniority
(most senior first).
iii. Other RFA Employees. If there are fewer volunteer and Tukwila Legacy
Employees than needed to fill the positions in the approved City
organization chart or the needs of the City's successor service provider, and
if the RFA lays off additional employees due to the termination of this
Agreement, those additional employees shall be laid off in accordance of
the RFA collective bargaining agreement (least senior first) in an effort to
{KL52682066.DOCX;1/13175.000001/ }
11
141
help the City meet its staffing needs per the approved organizational chart,
or to meet the needs of the City's new service provider.
d) Consistent Labor Agreements. The RFA shall make its best efforts to ensure that
terms to enable it to meet the layoff provisions in this Section are included in its
collective bargaining agreements, in the form of a Memorandum of Understanding
incorporating by reference this Agreement and confirming the process for layoffs
consistent with subsections 6.8(b) and (c) in the event of termination of this
Agreement.
7. OVERSIGHT AND ADMINISTRATION.
7.1. Governance Board. The City shall appoint one (1) elected member of the City Council
to serve in a non-voting position on the RFA Governance Board, to ensure a City voice
in board deliberations prior to annexation.
7.2. Administration of Agreement. To carry out the purposes of this Agreement, a two -
person committee is hereby created to administer this Agreement ("Committee"). The
Committee shall consist of the Tukwila Mayor and the RFA Fire Chief, or their
designees. The Committee shall meet on a regular basis as determined by the
Committee and no less than one (1) time per year to discuss the performance of the
obligations of the City and the RFA pursuant to this Agreement. Either member of the
Committee may call meetings as deemed appropriate. The Committee may, at its
discretion and by mutual agreement of the Parties, recommend amendments to this
Agreement or its Exhibits to the City Council and RFA Governance Board and may, at
the Committee's option, develop bylaws, policies, and procedures to aid in the
implementation of this Agreement. Unless otherwise specified in this Agreement, all
decisions of the Committee must be unanimous. In the event of a dispute of the
Committee, such dispute shall be handled in accordance with Section 12 (Dispute
Resolution).
7.3. City Leadership Team Meetings. The RFA shall provide a City Liaison to attend the
regular City Council meetings who shall be mutually agreed upon between the Fire
Chief and the Tukwila Mayor. The Fire Chief may provide an alternate to
accommodate scheduling as needed. The RFA Liaison shall provide regular reports on
the performance measures identified in Section 3.8(b) of this Agreement.
7.4. Monthly Meetings. The RFA Fire Chief shall meet with the Tukwila Mayor (or
designee) monthly, or as frequently agreed to, by the Tukwila Mayor and the RFA Fire
Chief.
7.5. Annexation Plan. Upon execution of this Agreement, an Annexation Working Group
shall be immediately created to fulfill the Parties' mutual purpose of annexing the City
into the RFA consistent with the Annexation Principles in Section 2.3. Both Parties
agree that annexation shall provide further efficiencies as well as stabilize funding
through the RFA funding model which includes a fire benefit charge. The initial
timeline shall be to place an initiative on the April 2024 ballot for an annexation
Effective Date of July 1, 2024. These timelines may be accelerated upon mutual
agreement of the Parties.
{KL52682066.DOCX;1/13175.000001/ }
142
12
(a) Annexation Oversight Group. Up to three elected officials from the City and up
to three elected officials from the RFA shall convene to form a group of up to six
members, known as the Annexation Oversight Group, which shall meet starting in
January 2023, and as frequently as needed, to review the work process and the
recommendations of the Annexation Working Group. This Annexation Oversight
Group shall mutually approve and recommend the Annexation Plan to be sent for
review and approval by the RFA Governing Board and the City Council.
(b) Annexation Working Group. The RFA Fire Chief and the City Mayor, and/or
their designees, shall form and staff a Working Group to develop the Annexation
Plan. The Annexation Working Group shall meet regularly to develop the
Annexation Plan and shall support the Annexation Oversight Group. The
Annexation Working Group shall prepare a draft Annexation Plan for initial review
by the Annexation Oversight Group at their first meeting in January of 2023. The
Annexation Plan shall include key milestones for the First and Second Annexation
Votes consistent with Section 2.2.
7.6. Annual Report. The RFA Fire Chief or designee shall provide an annual report to the
City Council regarding the services provided under this Agreement on or before April
1St of each year beginning in 2024 (Annual Report for 2023).
8. EXISTING AGREEMENTS.
8.1. Mutual and Automatic Aid Agreements. The RFA shall assume the City's
contractual responsibility and obligations for the provision of mutual and automatic aid
under all current Agreements between the City and other fire agencies. At such time as
these agreements are renegotiated and re -executed, the RFA shall represent the City's
interests and shall be signatory to such agreements.
9. INDEMNIFICATION AND HOLD HARMLESS.
9.1. Each Party shall, at all times, be solely responsible and liable for the acts or the failure
to act of its personnel that occur or arise in any way out of the performance of this
Agreement by its personnel only and shall indemnify and hold the other Party and its
personnel, elected officials, and agents harmless from all costs, expenses, losses and
damages, including cost of defense, incurred as a result of any acts or omissions of
such Party relating to the performance of this Agreement.
10. INSURANCE.
10.1. City Insurance. City is a member of the Washington Cities Insurance Authority risk
pool and shall provide insurance coverage for all facilities owned by City. The
insurance coverage shall include all risk property insurance, insuring the fire stations
at the replacement cost.
10.2. RFA Insurance. The RFA shall provide insurance coverage for all equipment and
personnel of the RFA and the City as identified in Exhibit J (Personnel), Exhibit F
(Information Technology), Exhibit G (Real Property), Exhibits H (Gear), and L
(Fleet) of this Agreement. The insurance coverage shall include all risk property
insurance, insuring the fire station contents at replacement cost and general liability
{KLS2682066.DOCX;1/13175.000001/ }
13
143
insurance, including errors and omissions coverage. The RFA shall furnish to City
appropriate documentation showing that such coverage is in effect. The City recognizes
that the RFA is a member of a governmental insurance pool and the RFA shall provide
proof of such to the City upon execution of this Agreement and on an annual basis.
Policy deductibles shall be the responsibility of the RFA.
11. INDEPENDENT MUNICIPAL GOVERNMENTS.
11.1. Independent Governments. The Parties recognize and agree that the RFA and the
City are independent governments. Except for the specific terms of this Agreement,
nothing herein shall be construed to limit the discretion of the governing bodies of each
Party. This Agreement shall not be construed as creating an association, joint venture,
or partnership between the parties, nor to impose any partnership obligations or
liabilities on either Party.
11.2. No Agency. Except as specifically provided in this Agreement, neither Party shall have
any right, power, or authority to enter into any agreement or undertaking for, or on
behalf of, to act as, or be an agent, or representative, or to otherwise bind the other
Party.
11.3. Debts and Obligations. Neither the City nor the RFA, except as expressly stated in
this Agreement, or as required by law, shall be liable for any debts or obligations of the
other Party.
11.4. Assignment of Resources. Except as otherwise expressly provided in this Agreement,
the RFA shall have the sole discretion and the obligation to allocate and assign the
resources available to it without regard to political boundaries and to determine the
exact method by which the services described in this Agreement are provided within
the RFA and within the City.
12. DISPUTE RESOLUTION.
12.1. Prior to any other action, the Mayor and the RFA Fire Chief shall meet and attempt to
negotiate a resolution to such dispute.
12.2. If the Parties are unable to resolve the dispute through negotiation, either Party may
demand mediation through a process to be mutually agreed to in good faith between
the parties within 30 days. The Parties shall share equally the costs of mediation and
shall be responsible for their own costs in preparation and participation in the
mediation, including expert witness fees and reasonable attorney's fees.
12.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the
dispute then, within 30 calendar days, either Party may submit the matter to binding
arbitration according to the procedures of the Superior Court Rules for Mandatory
Arbitration, including the Local Mandatory Arbitration Rules of the King County
Superior Court, King County, Washington, as amended, unless the Parties agree in
writing to an alternative dispute resolution process. The arbitration shall be before a
disinterested arbitrator with both parties sharing equally in the cost of the arbitrator.
The location of the arbitration shall be mutually agreed or established by the assigned
Arbitrator, and the laws of Washington shall govern its proceedings. Each Party shall
{KLS2682066.DOCX;1/13175.000001/ }
144
14
be responsible for their own costs in preparing for and participating in the arbitration,
including expert witness fees and reasonable attorney's fees.
12.4. Unless otherwise agreed in writing, this dispute resolution process shall be the sole,
exclusive, and final remedy for either Party for any dispute regarding this Agreement;
and its interpretation, application, or breach; regardless of whether the dispute is based
in contract, tort, any violation of federal law, state statute, or local ordinance; or for
any breach of administrative rule or regulation; and regardless of the amount or type
of relief demanded.
13. IMPACT FEES AND STATE ENVIRONMENTAL PROTECTION ACT (SEPA)
MITIGATION. The City, under certain circumstances, can impose impact fees pursuant to
chapter 16.26 of the Tukwila Municipal Code and/or require actions of mitigation which may
have an impact upon fire protection for development or other activities within the City. Prior
to the issuance of a SEPA threshold determination for an annexation, development, or other
activity within the City which: (i) may materially increase the cost of providing the
administrative and operational services specified herein; and for which the City may charge an
impact fee and/or require mitigation, the City and the RFA shall meet and discuss the impact
on the services provided under this Agreement to determine the appropriate impact fee or
mitigation plan. Should the City impose such fees, the fees shall be placed into a special reserve
account maintained by the City until: (a) they are expended on mitigation; (b) a replacement
or subsequent agreement for the provision of services is entered into by and between the RFA
and the City, or (c) until termination of this Agreement. In the event this Agreement is
terminated and a subsequent agreement for the provision of services is not entered into within
one hundred and eighty (180) days of the termination, such funds remaining in the special
reserve account shall be transferred to the appropriate City account. Final authority to impose
impact fees for fire shall remain with the City.
14. MISCELLANEOUS PROVISIONS.
14.1. Non -Exclusive Agreement. The Parties to this Agreement shall not be precluded from
entering into similar agreements with other municipal corporations.
14.2. Service Limitation. The Services provided under this Agreement represent an
extension and expansion of services the RFA owes to the public in general. Neither
Party intends to create a special relationship or duty to the other Party or to the public
served by either Party.
14.3. Survivability. The following Sections shall survive the termination of this Agreement:
Section 9 (Indemnification & Hold Harmless) and Section 10 (Insurance).
14.4. Non -Waiver of Breach. The failure of either Party to insist upon strict performance
of any of the covenants and agreements contained in this Agreement, or to exercise any
option conferred by this Agreement in one or more instances shall not be construed to
be a waiver or relinquishment of those covenants, agreements, or options, and the same
shall be and remain in full force and effect.
14.5. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
{KLS2682066.DOCX;1/13175.000001/ }
15
145
14.6. Assignment. Any assignment of this Agreement by either Party without the prior
written consent of the non -assigning Party shall be void. If the non -assigning Party
gives its consent to any assignment, the terms of this Agreement shall continue in full
force and effect and no further assignment shall be made without additional written
consent.
14.7. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of each Party and subject to ratification by the legislative body of each
Party.
14.8. Compliance with Laws. Each Party agrees to comply with all local, federal, and state
laws, rules, and regulations that are now effective or in the future become applicable
to this Agreement.
14.9. Entire Agreement. The written terms and provisions of this Agreement, together with
any Exhibits attached hereto, shall supersede all prior communications, negotiations,
representations or agreements, either verbal or written of any officer or other
representative of each Party, and such statements shall not be effective or be construed
as entering into or forming a part of or altering in any manner this Agreement. All of
the Exhibits are hereby made part of this Agreement.
14.10. Severability. If any section of this Agreement is adjudicated to be invalid, such action
shall not affect the validity of any section not so adjudicated.
14.11. Interpretation. Any rule of construction to the effect that ambiguities are to be
resolved against the drafting Party shall not apply in interpreting this Agreement. The
language in this Agreement shall be interpreted as to its fair meaning and not strictly
for or against any Party.
14.12. Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary.
Any written notice hereunder shall become effective upon personal service or three (3)
business days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
14.13. Benefits. This Agreement is entered into for the benefit of the parties to this Agreement
only and shall confer no benefits, direct or implied, on any third persons.
14.14. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall constitute an original, and all of which shall together constitute this one
Agreement.
{KLS2682066.DOCX;1/13175.000001/ }
146
16
The Parties below execute this Agreement, which shall become effective on January1, 2023
("Effective Date").
RFA: CITY:
Puget Sound Fire Department City of Tukwila:
Regional Fire Authority:
By: By:
Print Name: Print Name:
Its
DATE:
Its
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Attn: Fire Chief
24611 116th Ave. S.E.
Kent, WA 98030
Attn: City of Tukwila Mayor
6200 Southcenter Blvd.
Tukwila, WA 98188
APPROVED AS TO FORM: APPROVED AS TO FORM:
Brian Snure,
Attorney for RFA
Kari Sand,
City Attorney
{KLS2682066.DOCX;1/13175.000001/ }
17
147
148
EXHIBIT A
PAYMENT FOR SERVICES
1. Operations Salary & Benefits: The City will pay to the RFA in 2023, $10,069,315.80,
for Operations Labor costs. The Operations Salaries listed in Table 1 (A) through (F)
(below) will be established based on the Collective Bargaining Agreement (CBA)
between the RFA and IAFF Local 1747. For purposes of this Agreement, the total
number of fire fighters required to meet the minimum staffing level is 55.47 Full Time
Employees (FTEs).
Actual labor costs will include the fully burdened rate based on actual wages (including
overtime) and benefits. The labor costs will be established based on budgeted labor costs
for the subsequent calendar year by August 1 st and such budgeted amount will then be
reconciled to the actual costs by no later than February 15th of the year following the
contract year. Example: By August 1, 2023, the RFA will establish a budgeted labor cost
for calendar year 2024. The City will pay this amount for services rendered in 2024. The
RFA will then reconcile the budgeted amount to the actual cost and provide the City with
a reconciliation for 2024 no later than February 15, 2025.
2. Admin Salary & Benefits: The City will pay to the RFA in 2023, $2,614,589.83. The
Admin Salary and Benefits listed in Table 1 (a.) through (n.) (below) will be established
based on budgeted costs for the subsequent calendar year by August 1st and such
budgeted amount will then be reconciled to the actual costs by no later than February 15th
of the year following the contract year. On January 1st of each year subsequent to 2023,
the cost will be adjusted by 100% of the Seattle/Tacoma/Bellevue CPI -W percentage
increase for the period of June -to -June.
3. Goods & Services: The City will pay to the RFA in 2023, $1,531,728.33. The Recurring
Costs listed in Table 1 (1) through (15) (below) will be established based on budgeted
costs for the subsequent calendar year by August 1st and such budgeted amount will then
be reconciled to the actual costs by no later than February 15th of the year following the
contract year.
Exhibit A -1
149
Exhibit A - 2
150
TABLE 1
Category Basis Cost
Cost Rationale
Percentage
a.
Amin Salaries
Admin 1,735,463.01
$ 242,469.39 # of Personnel (Ops + CRR)
13.97%
b.
Amin Salaries
Human Resources 1,266,353.98
$ 176,928.05 # of Personnel (Ops + CRR)
13.97%
c.
Amin Salaries
Finance 1,068,254.50
$ 149,250.67
# of Personnel (Ops + CRR)
13.97%
d.
Amin Salaries
CARES 989,180.09
$ 200,000.00
Projected Low Acuity Calls
Actual Cost
e.
Amin Salaries
Logistics 742,486.90
$ 103,736.20 # of Personnel (Ops + CRR)
13.97%
E
Amin Salaries
Performance Measurement 860,519.15
$ 191,226.48
Planning Zones
22.22%
g.
Amin Salaries
Training
948,106.96
$ -
Paid in Cost Per Member
Actual Cost
h.
Amin Salaries
Fleet
3,760,564.71
$ 263,620.00
One FTE (1,446 hours)
Actual Cost
i
Amin Salaries
IT 1,591,198.08
$ 222,313.48
# of Personnel (Ops + CRR)
13.97%
j.
Amin Salaries
Facilities 715,609.44
$ 124,453.82
# of Facilities
17.39%
k.
Amin Salaries
CRR - Administration 535,559.40
$ 126,013.98
# of Personnel in CRR
23.53%
1.
Amin Salaries
CRR - Prevention & FIU 689,262.73
$ 689,262.73
2 Capts, 2 FFs (BC -Capt -Capt -FF)
Actual Cost
m.
Amin Salaries
CRR - EM
$ -
No Services
n.
Amin Salaries
CRR - Pub Ed/ PIO 701,244.72
$ 125,315.03 # of Personnel (Ops only)
17.87%
$ 2,614,589.83
1
Goods & Services
Admin 604,381.46
$ 84,440.87 # of Personnel (Ops + CRR)
13.97%
2
Goods & Services
Human Resources 173,508.18
$ 24,241.61
# of Personnel (Ops + CRR)
13.97%
3
Goods & Services
Finance 113,883.93
$ 15,911.24
# of Personnel (Ops + CRR)
13.97%
4
Goods & Services
Info Tech 1,117,904.45
$ 156,187.49
# of Personnel (Ops + CRR)
13.97%
5
Goods & Services
IT Licensing
$ 51,000.00
Broadband, Telestalt ESO, 365
Actual Cost
6
Goods & Services
CARES 60,516.63
$ -
Actual Cost
7
Goods & Services
Logistics 300,479.60
$ 41,981.37 # of Personnel (Ops + CRR)
13.97%
8
Goods & Services
Planning 130,680.74
$ 29,040.16 Planning Zones (# of Stations)
22.22%
9
Goods & Services
Training 848,516.77
$ 261,965.33 # of Ops Personnel at $5,100 each
Actual Cost
10
Goods & Services
Fleet 2,240,862.29
$ 100,000.00 Estimate for Parts
Actual Cost
11
Goods & Services
Dispatch
265,980.00
$ 353,408.58
# of Calls at 49.98 each
Actual Cost
12
Goods & Services
Operations
936,658.55
$ 167,384.35
# of Personnel (Ops only)
17.87%
13
Goods & Services
Facilities 3,705,850.69
$ 200,000.00
Estimate for 4 Fire Stations
Actual Cost
14
Goods & Services
CRR - Prevention 163,434.86
$ 38,455.26
# of Personnel (CRR only)
23.53%
15
Goods & Services
CRR - Pub Ed, PIO, CR 43,155.64
$ 7,712.07 # of Personnel (Ops only)
17.87%
$ 1,531,728.33
A
Operations Salaries
District Chief 218,749.99
$ 174,999.99 Per Station Captains
20.00%
B
Operations Salaries
Battalion Chiefs 210,177.51
$ 560,473.35 Per Station Captains
66.66%
C
Operations Salaries
Captains 179,459.42
$ 2,871,350.77
Actual Costs (CBA)
16
D
Operations Salaries
Engineers 165,171.94
$ 3,303,438.85
Actual Costs (CBA)
20
E
Operations Salaries
Fire Fighters 159,218.83
$ 1,910,625.91 Actual Costs (CBA)
12
F
Operations Salaries
Overtone Exposure
$ 1,248,426.93 Average OT per Fire Fighter
$ 24,257.00
Contract Cost
$ 10,069,315.80
TOTAL COSTS
$ 14,215,633.96
Exhibit A - 2
150
EXHIBIT B
Community Risk Reduction (CRR)
1. Community Risk Reduction (CRR) Administration Services Provided to City - The
RFA will provide the following Fire Prevention Administration Services to the City:
a. Manage and supervise CRR Division personnel.
b. Administer CRR Division programs and activities to include inspections, plan
review, code enforcement, fire investigations, public education, assessment and
collection of fees, and document management.
c. Creation and adoption of policies, procedures, rules, and regulations to clarify the
application of the codes.
d. Creation and development of forms, letters, and other documents to assist in the
application of codes and code compliance.
e. Interpretations of fire codes.
f. Approve materials, equipment, and devices used in construction, and the methods
of construction to the extent that approval is authorized by applicable codes.
g. Provide for public access to the Fire and Life Safety Division.
h. Perform Accounting and payroll functions to include invoicing and/or billing of
assessed fire code related fees, coordinating the collection of fees with the City's
Finance Department, time -keeping, and completion of payroll documents as
needed.
i. Document management within the CRR Division; to include creating and
maintaining division files, routing of development applications and plans in the
division, preparing and imaging retained documentation, and fulfilling public
record requests.
Permit process activities within the CRR Division; to include the logging and
routing of plans, data entry of new applications, assembling and routing of
completed application packages.
k. Resolve code complaints or inquiries from the public to include data entry, file
creation, and routing of information. Review and sign voluntary correction
agreements.
J•
1. Schedule and conduct fire code enforcement and permit inspections for
developers or contractors and coordinate with the City's Department of
Community Development (DCD) on these inspections as needed.
Exhibit B- 1
151
m. Ensure performance of all duties necessary to enforce the fire codes.
n. Evaluate the codes for local adoption and develop local codes or amendments for
consideration by the City. Present to the City Council and committees as
necessary.
o. Perform all other tasks related to the provision of CRR Administration Services.
2. Fire Prevention Code Enforcement Services Provided to City. The RFA will provide
the following Fire Prevention Code Enforcement Services to the City:
a. Initial fire and life safety inspections of new or relocated businesses. Coordinate
with the City's Department of Community Development (DCD) on these
inspections as need.
b. Inspect businesses that are required to have fire code permit(s).
c. Investigate and resolve fire code violation complaints or inquiries, which includes
issuance of appropriate citations after consultation with the City. Coordinate with
the City's Department of Community Development (DCD) on code violations or
complaints. The City will remain responsible for any required judicial
enforcement or collection actions.
d. In conjunction with City Code Enforcement personnel, perform code enforcement
duties related to the fire codes as required by Tukwila Municipal Code Title 16
(Buildings & Construction), which includes issuance of appropriate citations after
consultation with the City.
e. Conduct special inspections required by outside agencies such as Department of
Corrections, Department of Early Learning, Department of Social and Health
Services, and private insurance companies.
f. Review and approval of fire safety, emergency evacuation, lockdown, shelter -in-
place, and hazardous materials management plans.
Attend and provide testimony and exhibits at Code Enforcement Hearings before
the City's Hearings Examiner, and upon appeal, if any, to court.
h. Perform all other tasks related to providing Fire Prevention Code Enforcement
Services.
g.
3. Fire Prevention Development Services Provided to City. The RFA will provide the
following Fire Prevention Development Services to the City:
a. Management of the Knox/Supra rapid entry program.
Exhibit B- 2
152
b. Provide development review program services to include answering project
inquiries, attending meetings, reviewing plans for code compliance, and
approving plans. Complete development review processes in accordance with the
City's time frames and through close coordination the Director of the City's
Department of Community Development (DCD) and other City departments.
c. Provide development inspection program services to include pre -construction
meetings, inspections, troubleshooting fire protection systems, final acceptance
tests, field review of basic permits, and coordination with the Department of
Community Development (DCD) for the issuance of Certificates of Occupancy.
d. Provide business and economic development support activities to include research
of properties, systems and code requirements for potential projects and existing
buildings.
e. Approve of hydrant placement on public and private projects.
f. Approve of Addressing on public and private projects.
g.
Perform Hydrant flows to verify available water supply, if allowed by the local
water purveyor.
h. Provide and oversee false alarm reduction program activities to include next day
follow-up of false alarms and coordination with property owner/agent on repairs
or troubleshooting, the identification of next steps for problematic systems, and
the issuance of fines for false alarms consistent with TMC Section 8.08.040.
i. Provide and oversee fire protection system confidence test program activities to
include evaluation of confidence tests provided by third parties, issuing correction
notices and or notices of violation, drafting voluntary correction agreements and
field inspections.
Provide and oversee activities to include customer service, answering phone calls,
and meeting with customers and members of the public. Maintain a weekly
scheduled presence within the City's Department of Community Development
(DCD) as agreed between both parties.
k. Perform all other tasks related to providing Fire Prevention Development
Services. Provide fire prevention development services when City staff are
unavailable or unable to provide these services.
1. Provide fire and life safety inspection activities to include business license
inspections for new and relocated businesses, annual permitted occupancy
inspections with corresponding reports to Department of Community
Development (DCD) identifying structures with compliance issues, deficiencies,
changes in use or alterations. Work directly with DCD in pursuing further actions
to address the identified issues. City will remain responsible for code enforcement
actions, however the RFA will issue appropriate citations after consultation with
Exhibit B- 3
153
the City. The City will remain responsible for any required judicial
enforcement or collection actions.
4. Fire Prevention Services Staff Dedicated to City. The RFA will assign staff for the
provision of Fire Prevention Services to the City as needed to meet the workload
described in this exhibit. The City is providing two (2) Fire Fighter positions, and two (2)
Captains positions to the FMO to supplement the existing staff.
5. Timeline of Work Provided. All work performed by the Fire Prevention Division will
be performed pursuant to and within the timelines required of the codes, policies, and
procedures of the City, and any state or federal aws applicable to the performance of that
work.
6. Fire Marshal/Fire Code Official Reports to Mayor. The Fire Marshal/Fire Code
Official will provide reports to the Mayor (or designee) as requested. While the Fire
Chief will have the authority to direct the work of the employees providing Fire
Prevention Services, the Mayor (or designee), will have authority to set the desired
outcomes of the Fire Prevention staff.
7. Collection and Transmission of Fees and Charges. All money, fees, and charges of any
kind collected or charged by the Fire Prevention Services Division for services within the
City or as a result of the provision of Fire Prevention Services within the City will be the
sole property of the City and payable to the City. The RFA will establish a standard
procedure for the charging and collection of fees and charges as directed by the City's
Finance Department, and will immediately transmit all such money collected to the City.
Exhibit B- 4
154
EXHIBIT C
PUBLIC EDUCATION
1. Public Education Services Provided to the City - The RFA will provide the following
Public Education services to the City:
a. Support and participation in City events, such as Festivals, Back to School Fair,
Open house events, and National Night Out.
b. Fire Safety classes in each of the City's elementary, middle, and high schools,
when permitted by the schools.
c. Support and participation in providing tours of the fire stations.
d. Provide CPR and First Aid classes.
e. Support and participation in a bicycle and life jacket program.
f. Support and participation in smoke detector program.
g. Public Information Officer (PIO) at emergency scenes as needed.
h. Provide live fire demonstrations for special events.
i. In coordination with the Fire Investigation unit (FIU), provide intervention and
counseling of juvenile fire setters.
Exhibit C -1
155
EXHIBIT D
FIRE INVESTIGATION UNIT (FIU)
The Fire Investigation Unit (FIU) is currently staffed with both of Tukwila and RFA certified
fire investigators under a separate Interlocal Agreement. This Agreement shall replace the
existing Fire Investigations Interlocal Agreement in its entirety.
1. The RFA will provide origin/cause fire investigations to the City including but not
limited to 24/7 standby fire investigation coverage.
2. The City will provide law enforcement support to the RFA as needed to assist with the
investigation of incendiary fires in Tukwila.
3. Fire Investigators may work out of Tukwila facilities as necessary to promote efficiency
of the FIU's time and the needs of the City's and RFA's service areas.
4. The FIU will investigate fires throughout the RFA's service area. All investigation
service priorities will be equitable between the City and the RFA.
5. All FIU investigators will share in the associated standby burden.
6. The FIU will provide a monthly report, in a format mutually agreeable to both the City
and the RFA, of all fire investigations performed, including but not limited to the status
and disposition of each fire investigation.
Exhibit D -1
156
EXHIBIT E
EMERGENCY MANAGEMENT SERVICES
1. Emergency Management Services Staff Dedicated to City: The RFA will support as
needed to assist the City of Tukwila Emergency Manager with the following Emergency
Management Services:
a. Compliance issues:
i. Work with City Administration and departments to maintain a current
Comprehensive Emergency Management Plan (CEMP) and to ensure that
the most current Tukwila CEMP is on file with Washington Emergency
Management Division (WA EMD).
ii. Work with City Administration and departments to develop and maintain
current Continuity of Operations Plans (COOP) endorsed and promulgated
by the City Council.
iii. Manage and continue application on a fiscal calendar for Emergency
Management Performance Grant (EMPG) funds through WA EMD.
iv. Monitor, manage and ensure that all City of Tukwila permanent
employees are compliant with the current National Incident Management
System (NIMS) Incident Command System (ICS) requirements.
Exhibit E -1
157
EXHIBIT F
INFORMATION TECHNOLGY
Consistent with Section 3.7, the City shall provide to the RFA its existing Information Technology
equipment identified as follows:
1. WiFi Access Points — Eight (8) RUKUS access points
2. Phone System — Fifteen (15) IP 480s & Five (5) IP 420s
3. Desktop Computers — Fifteen NUC workstations
4. Mobile Data Computers (MDCs) — Nine (9) ruggedized units
5. Mobile Routers — Nine (9) 5G routers
6. Cellular Phones — Fifteen (15) iPhones
7. Mobile Laptop Computers — Six (6) Laptop Computers
Exhibit F -1
158
EXHIBIT G
REAL PROPERTY (FIRE STATIONS)
Fire Station 51— 17951 Southcenter Parkway, Tukwila, Washington, 98188
Parcel No. 352304-9008
Legal Description: 4202NEW PARCEL "C" DESCRIBED AND DELINEATED IN CITY OF
TUKWILA BOUNDARY LINE ADJUSTMENT NO L 13-005 RECORDING NO
20130227900005 (BEING A PORTION OF NE QTR NW QTR STR 35-23-04); TGW
ADJOINING PORTION OF N HALF OF S 178TH ST VACATED BY CITY OF TUKWILA
ORDINANCE NO 2400 RECORDING NO 20160120000736; TGW ADJOINING PORTION
OF SOUTHCENTER PARKWAY VACATED BY CITY OF TUKWILA ORDINANCE NO
2240
Fire Station 52 — 15477 65th Ave South, Tukwila, Washington, 98188
Parcel No. 359700-0320
Legal Description: INTERURBAN ADD TO SEATTLE LOT 17 LESS PORTION LY NLY
OF FOLLOWING DESCRIBED LINE - BEGIN SW CORNER OF LOT 17 TH NORTH 210
FEET TH N 89-47-00 E TO WLY MARGIN OF 65 TH AVE S LESS POR DAF - POR OF
LOT 17 DAF - BAAP OF C/L OF RENTON-THREE TREE PT NO 2649 & W LN OF SEC 23-
23-04 SD PT BEING ENG STA 135+29.92 FR WCH SW COR OF SD SEC 23 BEARS S 0-11-
42 E 2044.06 FT TH S 84-51-48 E 1647.24 FT TH ON A CRV TO RGT HAVING A RAD OF
955.37 FT 360 FT TH S 63-15-48 E 359.18 FT TH ON A CRV TO LFT RAD OF 5729.65 FT
370 FT TH S 66-57-48 E 1162.53 FT TH ON A CRV TO LFT HAVING A RAD OF 716.34 FT
442.40 FT TH N 77-38-42 E 201.68 FT TH LEAVING SD C/L OF SD RD & RUNNING N 00-
14-00 E 272.03 FT TH S 00-14-00 W 87.94 FT M/L TO NWLY MGN OF VAC MACADAM
RD TH S 49-00-00 W ALG SD NWLY MGN 106.38 FT TH N 00-14-00 E 312.55 FT M/L TO
S LN OF LOT 17 IN SD PLAT & TPOB TH CONT N 00-14-00 E 150 FT TH S 88-24-47 E
PLW NLY LN OF SD LOT 17 170 FT M/L TO SWLY MGN OF 65TH AVE S TH SELY ALG
SD MGN TO SE COR OF SD LOT 17 TH N 89-09-00 W ALG S LN OF LOT 17 TO TPOB
LESS POR LYINING WITHIN M. W. ADD LESS RD
Fire Station 53 — 4202 South 115th Street, Tukwila, Washington, 98168
Parcel No. 335140-0825
Legal Description: HILLMANS CD MEADOW GARDENS #3 LOTS 1 THRU 15 BLOCK 26
TGW LOTS 1 THRU 12 BLOCK 27 TGW LOTS 1 THRU 15 BLOCK 28 TGW
Exhibit G -1
159
UNIMPROVED AND VACATED SOUTH 114TH STREET AND SOUTH 115TH STREET -
TUKWILA ORDINANCE NO 1750 EFFECTIVE DATE AUGUST 20, 1995
Fire Station 54 — 4237 South 144th Street, Tukwila, Washington, 98168
Parcel No. 004000-0365
Legal Description: ADAMS HOME TRS LESS CO RD
Exhibit G -2
160
EXHIBIT H
GEAR
The following Fire Fighting Equipment and Gear, will be transferred to the RFA:
1. Self Contained Breathing Apparatus (SCBA) — 47 MSA G1 Packs, 100 MSA G1 Face
Masks.
MODEL: MSA G1
47 - SCBAs
100 - Masks
MODEL: G1 Face Masks
75 Medium
1
E0040150870AD321
25
E0040150870B18D9
2
E0040150870AD334
26
E0040150870B1A0B
3
E0040150870ADDE5
27
E0040150870B1CA3
4
E0040150870AEAC •
28
E0040150870B1D85
5
E0040150870AEC06
29
E0040150870B1D92
6
E0040150870AECOA
30
E0040150870B2009
7
E0040150870AECOB
31
E0040150870B2126
8
E0040150870AF0D2
32
E0040150870B212C
9
E0040150870AF526
33
E0040150870B224D
10
E0040150870AF663
34
E0040150870B234A
11
E0040150870AF6E0
35
E0040150870B2424
12
E0040150870AFB2
36
E0040150870B246D
13
E0040150870B03F8
37
E0040150870B2569
14
E0040150870B0815
38
E0040150870B2B22
15
E0040150870B0890
39
E0040150870B2B34
16
E0040150870BODAA
40
E0040150870B34C6
17
E0040150870B0DC9
41
E0040150870B35A7
18
E0040150870B10DB
42
E0040150870B35D4
19
E0040150870B125A
43
E0040150870B3CCA
20
E0040150870B1310
44
E0040150870B3F18
21
E0040150870B13FA
45
E0040150870B49B3
22
E0040150870B15B6
46
E0040150870B5547
23
24
E0040150870B16DE
E0040150870B17D5
47
E0040150870B56EE
2. One Hundred and thirteen (113) 45 -minute bottles, twelve (12) 60 -minute bottles, and ten
(10) SABA bottles.
Exhibit H -1
161
45 Minute
60 Minute
SABA
1
ACU108861
28
ACU268210
55
ACU268238
82
ACU268266
109
ACU66281
2
ACU 108893
29
ACU268211
56
ACU268239
83
ACU268267
110
ACU66294
3
ACU109043
30
ACU268212
57
ACU268240
84
ACU268268
111
ACU66295
4
ACU109349
31
ACU268214
58
ACU268241
85
ACU268269
112
ACU67061
5
ACU 109479
32
ACU268215
59
ACU268243
86
ACU268270
113
ACU67121
6
ACU 109504
33
ACU268216
60
ACU268244
87
ACU268271
1
AGD12996
7
ACU 109583
34
ACU268217
61
ACU268245
88
ACU268272
2
AGD13308
8
ACU109900
35
ACU268218
62
ACU268246
89
ACU268273
3
AGD24062
9
ACU142224
36
ACU268219
63
ACU268247
90
ACU268274
4
AGD3672
10
ACU142486
37
ACU268220
64
ACU268248
91
ACU268275
5
AGD3906
11
ACU142569
38
ACU268221
65
ACU268249
92
ACU268277
6
AGD62036
12
ACU142706
39
ACU268222
66
ACU268250
93
ACU268278
7
AGD62037
13
ACU142975
40
ACU268223
67
ACU268251
94
ACU268279
8
AGD62038
14
ACU143041
41
ACU268224
68
ACU268252
95
ACU268280
9
AGD62039
15
ACU 16928
42
ACU268225
69
ACU268253
96
ACU268281
10
AGD62040
16
ACU16929
43
ACU268226
70
ACU268254
97
ACU268282
11
AGD64358
17
ACU16938
44
ACU268227
71
ACU268255
98
ACU275717
12
AGD64414
18
ACU 16943
45
ACU268228
72
ACU268256
99
ACU63391
1
KT9662
19
ACU 16944
46
ACU268229
73
ACU268257
100
ACU64552
2
KT9640
20
ACU268200
47
ACU268230
74
ACU268258
101
ACU64710
3
KT9634
21
ACU268201
48
ACU268231
75
ACU268259
102
ACU64719
4
KT9619
22
ACU268202
49
ACU268232
76
ACU268260
103
ACU64727
5
KT14716
23
ACU268204
50
ACU268233
77
ACU268261
104
ACU64747
6
KT14700
24
ACU268205
51
ACU268234
78
ACU268262
105
ACU64787
7
KT14695
25
ACU268206
52
ACU268235
79
ACU268263
106
ACU64788
8
KT14694
26
ACU268207
53
ACU268236
80
ACU268264
107
ACU66272
9
KT14690
27
ACU268209
54
ACU268237
81
ACU268265
108
ACU66275
10
KT 14685
3. Bunker Gear — 96 sets of firefighting gear, gloves, boots, hoods, coats, pants, and
suspenders.
4. Five (5) LifePak 15 defibrillators, Fifteen (15) LP15 batteries, and Four (4) LP15
Charging stations.
5. Five (5) Bullard EXT Thermal Imaging Cameras.
6. Tools — Hydraulic Rescue Tools, hand tools, specialty tools.
7. EMS gear — Backboards, suction machines, backboards, etc.
8. Fire Fighting Hose, appliances, and brass.
9. Portable Radios, Mobile Radios, and Base Radios.
Exhibit H - 2
162
EXHIBIT I
RECORDS MANAGEMENT
1.1. Record Ownership.
(a) RFA records ("RFA Records") shall include:
(i) All records prepared, owned, used, or retained by the RFA related to the
performance of its statutory and contractual duties.
(ii) All City Records actually received by the RFA pursuant to this Interlocal
Agreement as part of a Transfer of Custody Agreement.
(b) City records ("City Records") shall include:
(i) All records of the Tukwila Fire Department prepared, owned, used, or retained
by the City related to the performance and operation of the Tukwila Fire
Department for all periods prior to January 1, 2023 that remain in the custody of
the City.
(ii) All records prepared, owned, used, or retained by the City in relation to fire
prevention, fire investigations, and emergency management services provided by
the RFA to the City.
(c) The Parties recognize that physical custody of RFA Records or City Records may not
be determinative of whether the records are RFA Records or City Records, and the Parties shall
work cooperatively in responding to requests for records pursuant to subpoena or pursuant to the
Washington State Public Records Act (chapter 42.56 RCW).
1.2. Records Custodian. Except as provided below, the RFA will be the primary records
custodian of all RFA Records. The City will be the primary custodian of all City Records. On or
after January 1, 2023, the City shall transfer custody of personnel, training vehicle maintenance
and other Tukwila Fire Department records requested by the RFA.
1.3 Records Retention. Both parties shall be responsible for compliance with all legal
requirements relating to public records in their physical custody (paper or electronic) including,
but not limited to; records retention and destruction, in accordance with applicable records
retention requirements, including chapters 40.14 RCW (Preservation and Destruction of Public
Records) and 42.56 RCW (Public Records Act).
1.4. Requests for Records. The Parties recognize that some City Records may be in the custody
of the RFA and some RFA Records may be in the custody of the City. The Parties agree to the
following process to provide a method of responding to records requests received through
subpoenas and/or the Public Records Act, or records otherwise requested by the City or the RFA.
The method set forth in this exhibit shall serve only as a guideline and may be altered from time
to time as necessary.
(a) In the event the one party receives a public record request, subpoena, or other request
for that party's records in the custody of the other party, the following process may be
followed:
(i) Except as otherwise provided below, the party receiving the request
("Receiving Party") will advise the other party in writing that the request has been
Exhibit I -1
163
received. The other party will respond to the Receiving Party within a reasonable
time frame to allow the Receiving Party to prepare a response to the requestor
prior to the end of five (5) business days, either with the records, or a reasonable
estimate of the time necessary to provide the Receiving Party with the records.
(ii) The other party will provide copies, at its sole cost and expense, except
as provided in Section 1.5 herein, directly to the Receiving Party. For responsive
records that exist only in paper form, the other party shall scan reasonable
quantities (up to 100 pages), at the discretion of the other party, and make those
available to the Receiving Party via a file transfer protocol (FTP) site. For
requests with a large volume of paper records, the Receiving Party shall be
responsible for picking up the paper records from the other party. RFA staff may
be required to provide assistance and input as to the location of paper records that
remained in the City's physical custody after December 31, 2022. In the event the
Receiving Party receives payment for the copies the Receiving Party shall
forward such payment to the other party.
(iii) Regardless of who is the "Receiving Party," responsibility for
providing records in response to requests received through subpoenas and/or the
Public Records Act that may require records stored in multiple City departments,
as well as Fire -related records, shall be shared between both parties and handled
as follows:
The City shall be responsible for providing responsive records from City
departments—except Fire -related records—directly to the requestor. Examples:
Building permits, Certificates of Occupancy, Notices of Violation (except Fire
codes), Public Works permits.
The RFA shall be responsible for providing responsive records directly to
the requestor that are Fire -related records. Examples: Violations of Fire codes,
underground/aboveground storage tank information, life safety permits and plans.
(iv) The Receiving Party will remain responsible for communicating with
the records requestor in compliance with all legal obligations based on the above
processes. The Parties shall jointly work to determine which records are to be
disclosed to the requesting party and, if the request was submitted under the
Public Records Act, which records are exempt from disclosure. Each party
providing records to a requestor based on the above processes shall be responsible
for obtaining review by Legal and assigning redaction(s) as needed and providing
an exemption log.
(v) It shall be the responsibility of the Receiving Party, and at the expense
of the Receiving Party, to defend any claim or lawsuit for a violation of the Public
Records Act or laws relating to a subpoena, and pay any damages, fees, costs or
settlements relating to such claim or lawsuit; provided, that in the event the claim
or lawsuit relates in any manner to Receiving Party records in the sole custody of
the OTHER PARTY that were not provided to the Receiving Party by the
OTHER PARTY, then the OTHER PARTY shall defend such claim or lawsuit
and pay any damages, fees, costs or settlements relating to such claim or lawsuit.
The parties agree to cooperate fully in the defense of any such claim or lawsuit. If
both the Receiving Party and the OTHER PARTY fail to produce all records, they
Exhibit I - 2
164
will cooperate in defense and each party will pay all its legal costs and attorneys'
fees.
1.5. Digitized Records. Any records that have been digitized and are available on either party's
public -facing website shall be searched and provided (with training as needed from the other
party) by the Receiving Party in response to a subpoena or records request, or as needed for
continuity of operations. The PSRFA shall continue to work collaboratively with the City to
complete the digitization process for Fire records that were not completed prior to December 31,
2022.
Records for which digitization
is planned by end of 2022:
HazMat Incident Reports
"Business Files," which contain:
- Correspondence with businesses
- Fire watch forms and confidence testing
- Inspections
- Code violations/Notice of Violation
- Some operational permits (e.g., temporary tent)
Residential records
Underground and Aboveground Storage Tanks
Permits / Plans (life safety systems)
Southcenter Mall records
Exhibit I - 3
Paper records for which
no digitization is planned:
Fire Investigations [sensitive content]*
Incident Reports [sensitive content]**
Training records prior to joining SKCFTC***
Administrative records
Emergency management [Tukwila Police Dept.)
* ILA with PSRFA FIU signed 3.16.2022
** Medical Incidents = August 2017;
Fire Incidents = March 31, 2021
Joined SKCFTC for training in 2014
***
165
EXHIBIT J
EMPLOYEES
Rank
Seniority
Last Name
First Name
Date of Hire Rank
Seniority
Last Name
First Name
Date of Hire
Battalion Chief
1
Waller
Jack
5/16/1989 Engineer
32
Keller
Levi
3/27/2014
Captain
2
Rodal
Bill
7/17/1989 Engineer
33
Faire
Brody
8/18/2014
Captain
3
Custer
Kory
8/19/1991 Engineer
34
Doctor
Matt
1/5/2015
Engineer
4
Czuleger
Matt
10/1/1992 Engineer
35
Quinn
Andrew
3/25/2015
Captain
5
Rees
Rich
10/3/1994 Engineer
36
Rasmussen
Ben
3/25/2015
Captain
6
Lucero
Brian
9/15/1995 Captain
37
Upton
Mason
3/25/2015
Engineer
7
McCone
Dan
9/9/1996 Captain
38
Tursi
Jordan
8/17/2015
Captain
8
Morales
Mark
9/9/1996 Engineer
39
Thompson
Daniel
8/17/2015
Engineer
9
Woolley
Chuck
1/12/1998 Captain
40
Dunkley
Eric
10/27/2015
Battalion Chief
10
Konieczka
Jason
4/27/1998 Engineer
41
Paglia
Joseph
8/29/2016
Captain
11
Willis
Brian
7/20/1998 Engineer
42
Tappert
Mike
8/29/2016
Engineer
12
Kim
Brandon
1/4/1999 Engineer
43
Geotsch
Mark
1/3/2017
Battalion Chief
13
Berg
Ryan
4/1/2000 Engineer
44
Murrell
Cory
1/3/2017
Engineer
14
Popejoy
Toby
4/1/2000 Engineer
45
Knutti
Michael
9/1/2018
Engineer
15
Rookstool
Ed
7/20/2000 Engineer
46
Aguilar
Charles
9/1/2018
Captain
16
Nichols
Jeff
11/19/2002 Fire Fighter
47
Goin
Kevin
9/1/2018
Engineer
17
Whitcutt
Roy
2/12/2003 Fire Fighter
48
Miller
Troy
2/1/2019
Captain
18
Evans
Jim
2/9/2004 Fire Fighter
49
Naemura
W>7liam
2/1/2019
Engineer
19
Duly
Brian
6/16/2004 Fire Fighter
50
Smith
Lincoln
1/27/2020
Battalion Chief
20
Nevens
Andy
2/1/2005 Fire Fighter
51
MacMillan
Sean
1/16/2021
Captain
21
Williams
Ben
3/16/2005 Fire Fighter
52
Averre
Justin
8/16/2021
Captain
22
Curl
Joel
9/16/2005 Fire Fighter
53
Turner
Adam
8/16/2021
Captain
23
Johnson
Aaron
2/1/2006 Fire Fighter
54
Hutchinson
Ali
1/24/2022
Captain
24
Browning
Cathy
9/5/2006 Fire Fighter
55
Fink
Aaron
1/24/2022
Captain
25
Smith
Patrick
1/16/2007 Fire Fighter
56
Glen
Patrick
1/24/2022
Captain
26
O'Brien
Patrick
12/17/2007 Recruit
57
Padilla
Josh
1/24/2022
Captain
27
Booth
James
5/4/2009 Recruit
58
Park
Edward
1/24/2022
Captain
28
Perry
Joel
5/17/2010 Fire Fighter
59
White
Seth
1/24/2022
Battalion Chief
29
Kelch
Josh
5/17/2010 Recruit
60
Fifield
Mandy
8/1/2022
Captain
Engineer
30
31
Fink
Hartjoy
Matt
Jeffrey
7/17/2012 Recruit
4/1/2013
61
Morales
Julian
8/1/2022
Exhibit J -1
166
EXHIBIT K
RETIREMENT MANAGEMENT PLAN (RMP)
Initials of Retiree
Benefit Ends
KB
8/31/2023
WB
9/30/2023
JB
1/31/2025
DT
6/30/2025
CM
2/28/2026
RE
6/30/2029
JS
2/28/2031
Exhibit K -1
167
Assignment
Year
M ake
EXHIBIT L
FLEET LIST
Model
VIN/BIN
Purchase
Reserve Ladder
2006
Pierce
Aerial
4P1CD01E86A006442
$ 971,676
Primary Engine
2014
Pierce
Velocity
4P1CVO1N1EA014488
$ 685,447
Reserve Engine
2014
Pierce
Velocity
4P1CV01N3EA014489
$ 689,732
Reserve BC Buggy
2016
Ford
F250
1FT7W2B62GEC04693
$ 81,602
Primary Engine
2019
Pierce
Velocity
4P1BAAGF7KA020417
$ 884,729
Primary Ladder
2019
Pierce
Velocity
4P1BCAGF6KA020211
$ 1,558,271
Primary Engine
2019
Pierce
Velocity
4P1BAAGF9KA020418
$ 883,853
Primary BC Buggy
2020
Ford
F250
1FT7W2B64LED97195
$ 87,947
Primary Aid Unit
2021
Dodge
4500
3C7WRLBL6MG692150
$ 286,260.57
Utility
2010
Ford
F550
1FDAW5HROAEA09056
$ 43,259
FMO (FIU)
2017
Ford
F250
1FT7X2A65HEB86030
$ 46,332
Administration
2017
Ford
SUV
1FM5K8AR5HGD67230
$ 53,502
FMO
2017
Ford
SUV
1FM5K8AR7HGD67231
$ 53,586
Administration
2017
Ford
SUV
1FM5K8AR2HGD67184
$ 53,485
Training
2019
Ford
F250
1FT7W2B60KEF81712
$ 62,216
Training
2019
Ford
F250
1FT7W2B62KEF81713
$ 61,893
Administration
2020
Ford
SUV
1FM5K8AW3LGB95701
$ 66,650
Trailer (Rescue)
1978
Homemade
6x12
WA7656402
N/A
Trailer (HazMat)
2000
Avenger
32'
4T6WB3231YM013931
$ 24,562
Utility
2005
Whiteman
Light
4GNLT09135B901770
$ 9,857
Utility
2005
Haulmark
Air
16HPB12235G071972
$ 68,457
Utility
1990
Hyster
Forklift
S/N: B177B02274L
$ 11,892
Trailer
2009
EZ Loader
1ZEAAARC99A168759
$ 3,540
Boat
2010
Woolridge
Alaskan
HIN: WLG20248B010
$ 46,755
Trailer (MCI)
2010
Wells Cargo
8.5x22
1WC200K21A4073652
$ 25,518
Trailer (MCI)
2010
Wells Cargo
8.5x22
1WC200K2XA4073651
$ 25,403
Exhibit L -1
168
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
9/26/22
LH
10/3/22
LH
ITEM INFORMATION
ITEM NO.
7.C.
STAFF SPONSOR: LAUREL HUMPHREY
ORIGINAL AGENDA DATE: 9/26/22
AGENDA ITEM TITLE Resolution adopting a policy for naming or renaming city -owned property.
CATEGORY ® Discussion
Mtg Date 9/26/22
Motion
Mtg Date
Resolution
Attg Date 10/3/22
❑ Ordinance
Mtg Date
Bid Award
Mtg Date
❑ Public Hearing ❑ Other
Mtg Date Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PTV
SPONSOR'S
SUMMARY
The draft resolution would adopt a more detailed policy for naming city -owned property
that includes community input in decision-making.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
DATE: 9/12/22
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE Unanimous Approval as amended; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED
$0
APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
9/26/22
10/3/22
MTG. DATE ATTACHMENTS
9/26/22 Informational memo dated September 6, 2022
Resolution 1400
Draft resolution
Draft policy (revised after 9/12/22 Finance & Governance Committee)
Finance & Governance Committee minutes of 9/12/22
10/3/22 Final Resolution
169
170
O Z
1908
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A POLICY FOR NAMING OR RENAMING
CITY -OWNED PROPERTY; AND REPEALING RESOLUTION NO. 1400.
WHEREAS, Resolution No. 1400 was passed in 1998 to amend policies for naming City
property; and
WHEREAS, the City Council desires to continue and improve a predictable process for
establishing or changing the name of City property; and
WHEREAS, the City Council desires to increase transparency and public participation in any
effort to name or rename City property; and
WHEREAS, naming decisions on City property must be compatible with community interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City of Tukwila "Policy on the Naming or Renaming of City -owned Property,"
attached hereto as Exhibit A, is hereby adopted.
Section 2. Repealer. Resolution No. 1400 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Thomas McLeod, 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: Exhibit A — City of Tukwila "Policy on the Naming or Renaming of City -owned Property"
CC: \ Leg islative Development\Naming of City -owned property -Adopt policy 8-16-22
LH:bjs Review and analysis by Barbara Saxton Page 1 of 1
171
172
City of Tukwila
Policy on the Naming or Renaming of City -owned Property
Section 1. Purpose
To establish a uniform policy regarding the naming or renaming of City -
owned property including parks, facilities, buildings, and streets that ensures
compatibility with the community interest.
Section 2. Scope
A. This policy affects City -owned property only.
B. The following types of City -owned property are included within the scope
of this policy:
(1) Buildings and structures
(2) Streets
(3) Other real property, including open spaces and parks
C. This policy does not apply to the following types of property:
Historically registered properties for which a name has been
indicated on a nomination form and accepted for use on a historic
register.
D. This policy does not apply to names of City properties in return for
financial or in-kind contributions or sponsorships.
Section 3. Authority
A. The City Council shall designate the names of parks, facilities, buildings,
open spaces, non -numbered streets, and honorary street designations.
B. The Public Works Director shall designate the names of numbered City
streets in conformance with the King County grid system. Streets shall
be assigned a name when the numbering grid is deemed unfeasible or
when the City Council acts pursuant to Sections 6 and/or 7 of this Policy.
Section 4. Criteria for Naming City Property
A. The following unranked criteria should be used to guide decision making
on naming City property:
(1) Geographical location
(2) Building or property's purpose
(3) Cultural attributes
(4) Significant historical events
(5) Natural or geological features
(6) City identity and image
Policy on the Naming or Renaming of City -owned Property 8-16-22 Page 1 of 3
173
(7) Names of persons who have made an outstanding civic
contribution to the community, or whose names are of historic
significance to the area
(8) Names of City officials who served for a minimum of 10 years and
who made outstanding contributions over and above the normal
duties required by their positions and had a positive impact on the
past and future development of programs, projects or facilities
Section 5. General
A. Portions of a facility may have another name than that of the entire
facility or features may be dedicated to or in honor of a person.
B. City property shall not ordinarily be named for living individuals, although
exceptions may be considered when significant contributions or
unusually outstanding public service would so justify, and when the
individual is no longer serving the City in an official capacity.
C. Property named after individuals requires written consent of the named
party's representative.
D. There shall be a lapse of at least 12 months between the date of the
death of a person(s) or of an event to be commemorated and a final
decision by the City Council.
E. Naming commemorations that meet the criteria and are significant to
underrepresented populations are encouraged and shall be prioritized.
Section 6. Naming Procedures for New Property
A. Names for new parks, facilities, buildings, open spaces, and streets can
be suggested by elected officials, staff, and members of the public.
B. Name suggestions must be accompanied by written rationale for the
name and significance of the proposed name to the criteria in Section
4.A.
C. If the suggested name(s) complies with this Policy, the City shall provide
an open public comment period of 30 days that is advertised broadly
including notification to all members of the City's Boards and
Commissions.
D. The suggested name(s) may be placed on an agenda of the City Council
Committee most closely affiliated with the property being named or on
an agenda of a Committee of the Whole meeting.
E. The City Council shall review all public comment received in its
determination as to whether the public interest is served by the proposed
name.
F. Name changes shall be subject to the criteria and procedures set forth
in this Policy.
Policy on the Naming or Renaming of City -owned Property 8-16-22 Page 2 of 3
174
Section 7 Street Renaming Procedures
A. Renaming of existing streets is generally discouraged due to impacts to
abutting property owners, emergency response times, and regional
wayfinding.
B. Requests to rename existing streets must be accompanied by written
rationale for the name and significance of the proposed name to the
criteria in Section 4.A.
C. Renaming of existing streets requires written support of at least 75% by
linear frontage of affected property owners, which shall be gathered at
the expense of the proponent.
D. If the proposed name complies with this Policy and has sufficient support
from abutting property owners, and will not adversely impact emergency
vehicle responsiveness, the City shall provide an open public comment
period of 90 days and send notification to all members of the City's
Boards and Commissions.
E. The City Council shall review all public comment received in its
determination as to whether the public interest is served by the proposed
street name change.
F. If the City approves a renaming, the City Council shall designate an
effective date that provides sufficient time for abutting property owners,
residents, and businesses to mitigate the name change.
Section 8. Honorary Street Designations
A. Honorary street designations are intended to recognize and honor
individuals or groups without changing the official name of the street or
the official addresses of residents and businesses on the street.
B. Requests for honorary street designations must be accompanied by
written rationale for the name and significance of the proposed name to
the criteria in Section 4.A.
C. If the proposed name complies with this Policy, the City shall provide an
open public comment period of 30 days that is advertised broadly
including notification to all members of the City's Boards and
Commissions.
D. The City Council shall review all public comment received in its
determination as to whether the public interest is served by the proposed
honorary street designation.
Policy on the Naming or Renaming of City -owned Property 8-16-22 Page 3 of 3
175
176
COUNCIL AGENDA SYNOPSIS
CI- � 4 Initials
ITEM NO.
O 1,...
Meeting Date
Prepared by
Mayor's review
Council review
10/3/22
LH
Q
\\.......,
1908
ITEM INFORMATION
STAFF SPONSOR: KARI SAND
ORIGINAL AGENDA DATE: 10/3/22
AGENDA ITEM TITLE Ordinance Amending Tukwila Municipal Code Chapter 8.30, "Crimes Relating to
Persons," in accordance with recent changes to state law.
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
0
Mtg
Ordinance
Date 10/3/22
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR
11
Council
►1
Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIS
SPONSOR'S The City Council is asked to authorize an ordinance amending Chapter 8.30, "Crimes
SUMMARY Relating to Persons," in accordance with recent changes to state law relating to civil
protection orders.
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. City Attorney
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/3/22
MTG. DATE
ATTACHMENTS
10/3/22
Information Memo dated 9/27/22
Draft ordinance
177
178
W
i City of Tukwila
190a
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Kari Sand, City Attorney
DATE: September 27, 2022
SUBJECT: Ordinance Amending TMC 8.30, Crimes Relating to Persons
ISSUE
Tukwila Municipal Code Chapter 8.30, "Crimes Relating to Persons," needs to be updated in
accordance with recent changes to state law.
BACKGROUND
Under state law, courts can issue several types of civil protection orders to restrain
individuals from engaging in harmful or threatening behavior. Civil protection orders are
available for persons subjected to domestic violence, sexual assault, stalking, harassment,
and vulnerable adult abuse. A court may grant broad relief to the protected party, such as
restraining a person from having contact with or threatening them, excluding a person from
certain locations or from coming within a specified distance of certain locations, or
prohibiting a person from possessing a weapon when they have been deemed an extreme
risk of harm to themselves or others. The penalty for knowingly violating a protection order is
generally a gross misdemeanor, though there are exceptions—for example, it is a felony when
an individual commits an assault in the process of violating a domestic violence protection
order.
Prior to July 1, 2022, the statutes criminalizing violations of the various types of protection
orders authorized under state law were scattered throughout the Revised Code of
Washington (RCW). However, in 2021, the Washington State Legislature enacted Engrossed
Second Substitute House Bill 1320 (E2SHB 1320) to consolidate, modernize, and harmonize
state laws concerning civil protection order to improve their efficacy and accessibility. E2SHB
1320 established a new chapter 7.105 RCW to govern all types of protection orders and
repealed the prior laws.
TMC Chapter 8.30, "Crimes Relating to Persons," adopts by reference those state laws that
criminalize protection order violations with gross misdemeanor penalties, which can be
enforced in courts of limited jurisdiction like the King County District Court. Because these
state laws were recodified through enactment of E2SHB 1320, TMC Chapter 8.30 must be
amended to be consistent with the new state law in order for the City to effectively prosecute
violations of these laws.
The proposed ordinance amends TMC 8.30 to strike references to portions of the RCW that
were repealed through enactment of E2SHB 1320 and to adopt the newly recodified RCWs
criminalizing violation of protection orders by reference. This ordinance also adopts by
reference the RCW criminalizing violation of an extreme risk protection order (ERPO), an
order that temporarily prohibits possession of a firearm by an individual who the court
determines poses an extreme risk of harm to themselves or others. The former RCW
179
INFORMATIONAL MEMO
Page 2
penalizing ERPO violations was never adopted by the City, which was likely an oversight due
to the infrequent issuance of such orders, as well as the statute's codification in a somewhat
obscure chapter of the RCW.
The City Attorney recommends adoption of the proposed ordinance with an emergency
declaration calling for the ordinance to become effective immediately upon passage. This is
because chapter 7.105 RCW went into effect on July 1, 2022, and consequently, the TMC
provisions relating to protection order violations are now out of sync with state law, which
could subject pending cases to legal challenge and affect the City's ability to enforce these
important laws.
RECOMMENDATION
The City Council is asked to approve the draft ordinance at the 10/3/22 Regular Meeting and
to be effective immediately.
ATTACHMENTS
1. Ordinance
180
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; REPEALING ORDINANCE NOS. 2497
§3, 2195, 1789, 1677 §11, 1469, AND 1363 §1 (PART), AS
CODIFIED IN VARIOUS SECTIONS OF TUKWILA MUNICIPAL
CODE CHAPTER 8.30, "CRIMES RELATING TO PERSONS," AS
STATED HEREIN; PROVIDING FOR SEVERABILITY; DECLARING
AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code Chapter 8.30 adopts by reference several state
statutes relating to crimes against persons; and
WHEREAS, in 2021, the Washington State Legislature passed Engrossed Second
Substitute House Bill (E2SHB) 1320, which recodified multiple state statutes involving
crimes of physical harm, domestic violence, and harassment, including those adopted by
reference in Tukwila Municipal Code Chapter 8.30; and
WHEREAS, the Tukwila City Council now desires to repeal Ordinance Nos. 2497 §3,
2195, 1789, 1677 §11, 1469, and 1363 §1 (part), as codified in Tukwila Municipal Code
sections as stated herein; and to adopt by reference statutes recodified and adopted by
E2SHB 1320, having judged that the laws contained therein are in the best interests of the
City; and
WHEREAS, these amendments to Tukwila Municipal Code Chapter 8.30, "Crimes
Relating to Persons, are necessary to harmonize the chapter with changes to state law
effectuated by enactment of E2SHB 1320, effective July 1, 2022, and to adopt by
reference all gross misdemeanor protection order violations identified in state law as
necessary to protect the public health, safety, and welfare, the City Council finds that a
public emergency exists requiring these amendments to become effective immediately
upon adoption in order for the City to effectively enforce the state's protection order
violation laws;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance Nos. 2195, 1469, and 1363 §1 (part), as codified
at Tukwila Municipal Code (TMC) Section 8.30.010, are hereby repealed.
CC:\Legislative Development\Crimes Against Persons -Update TMC Ch 8.30 9-27-22
KS:bjs Review and analysis by Barbara Saxton
Page 1 of 5
181
Section 2. Repealer. Ordinance Nos. 1789 and 1363 §1 (part), as codified at
TMC Section 8.30.030, are hereby repealed.
Section 3. Repealer. Ordinance Nos. 2497 §3 and 1677 §11, as codified at TMC
Section 8.30.060, are hereby repealed.
Section 4. TMC Section 8.30.010, "Assault and Other Crimes Involving Physical
Harm," is hereby re-enacted to read as follows:
8.30.010 Assault and Other Crimes Involving Physical Harm
The following statutes of the State of Washington are hereby adopted by reference as now
in effect or as may be subsequently amended or recodified:
RCW 9A.36.041 Assault in the fourth degree.
RCW 9A.36.050 Reckless endangerment.
RCW 9A.36.070 Coercion.
RCW 9A.90.120 Cyber harassment.
RCW 9A.90.130 Cyberstalking.
RCW 9.61.230 Telephone calls to harass, intimidate, torment or embarrass.
RCW 9.61.240 Telephone calls to harass, intimidate, torment or embarrass
Permitting telephone to be used.
RCW 9.61.250 Telephone calls to harass, intimidate, torment or embarrass
Offenses, where deemed committed.
Section 5. TMC Section 8.30.030, "Domestic Violence – State Statutes Adopted by
Reference," is hereby re-enacted to read as follows:
8.30.030 Civil Protection Orders – State Statutes Adopted by Reference
The following statutes of the State of Washington, are hereby adopted by reference as
now in effect or as may be subsequently amended or recodified:
RCW 7.105.010 Definitions.
RCW 7.105.050 Jurisdiction—Domestic violence protection orders, sexual assault
protection orders, stalking protection orders, and antiharassment
protection orders.
RCW 7.105.065 Jurisdiction—Vulnerable adult protection orders.
RCW 7.105.070 Jurisdiction—Extreme risk protection orders.
RCW 7.105.075 Venue.
RCW 7.105.080 Personal jurisdiction over nonresidents.
RCW 7.105.085 Out-of-state child custody jurisdictional issues.
RCW 7.105.100 Filing—Types of petitions.
RCW 7.105.105 Filing—Provisions governing all petitions.
RCW 7.105.110 Filing—Provisions applicable to specified orders.
RCW 7.105.115 Forms, instructions, etc.—Duties of the administrative office of the
courts—Recommendations for filing and data collection.
CC:\Legislative Development\Crimes Against Persons -Update TMC Ch 8.30 9-27-22
KS:bjs Review and analysis by Barbara Saxton
182
Page 2 of 5
RCW 7.105.120 Filing—Court clerk duties.
RCW 7.105.150 Service—Methods of service.
RCW 7.105.155 Service—Completion by law enforcement officer.
RCW 7.105.160 Service—Materials.
RCW 7.105.165 Service—Timing.
RCW 7.105.175 Service—Development of best practices.
RCW 7.105.200 Hearings—Procedure.
RCW 7.105.205 Hearings—Remote hearings.
RCW 7.105.210 Realignment of parties—Domestic violence and antiharassment
protection order proceedings.
RCW 7.105.215 Hearings—Extreme risk protection orders.
RCW 7.105.220 Hearings—Vulnerable adult protection orders.
RCW 7.105.225 Grant of order, denial of order, and improper grounds.
RCW 7.105.230 Judicial information system consultation.
RCW 7.105.235 Compliance hearings.
RCW 7.105.240 Appointment of counsel for petitioner.
RCW 7.105.245 Interpreters.
RCW 7.105.250 Protection order advocates and support persons.
RCW 7.105.255 Judicial officer training.
RCW 7.105.300 Application—RCW 7.105.305 through 7.105.325
RCW 7.105.305 Ex parte temporary protection orders—Other than for extreme risk
protection orders.
RCW 7.105.310 Relief for temporary and full protection orders—Other than for
extreme risk protection orders.
RCW 7.105.315 Duration of full protection orders—Other than for extreme risk
protection orders.
RCW 7.105.320 Law enforcement stand-by to recover possessions—Other than for
extreme risk protection orders.
RCW 7.105.325 Entry of protection order data—Other than for extreme risk protection
orders.
RCW 7.105.330 Temporary protection orders—Extreme risk protection orders.
RCW 7.105.335 Full orders—Extreme risk protection orders.
RCW 7.105.340 Surrender of firearms—Extreme risk protection orders.
RCW 7.105.345 Firearms return and disposal—Extreme risk protection orders.
RCW 7.105.350 Reporting of orders—Extreme risk protection orders.
RCW 7.105.355 Sealing of records—Extreme risk protection orders.
RCW 7.105.360 Certain findings and information in orders.
RCW 7.105.365 Errors in protection orders.
RCW 7.105.370 Sealing of records—Recommendations.
RCW 7.105.375 Dismissal or suspension of criminal prosecution in exchange for
protection order.
RCW 7.105.400 Reissuance of temporary protection orders.
CC:\Legislative Development\Crimes Against Persons -Update TMC Ch 8.30 9-27-22
KS:bjs Review and analysis by Barbara Saxton
Page 3 of 5
183
RCW 7.105.405
RCW 7.105.410
RCW 7.105.450
RCW 7.105.455
RCW 7.105.460
RCW 7.105.465
RCW 7.105.470
RCW 7.105.500
RCW 7.105.505
RCW 7.105.510
RCW 7.105.515
RCW 7.105.550
RCW 7.105.555
RCW 7.105.560
RCW 7.105.565
RCW 7.105.570
RCW 7.105.575
RCW 10.99.020
RCW 10.99.030
RCW 10.99.040
RCW 10.99.045
RCW 10.99.050
RCW 10.99.055
RCW 10.99.060
RCW 10.99.070
Section 6.
follows:
Renewal of protection orders—Other than extreme risk protection
orders.
Renewal—Extreme risk protection orders.
Enforcement and penalties—Other than antiharassment protection
orders and extreme risk protection orders.
Enforcement and penalties—Antiharassment protection orders.
Enforcement and penalties—Extreme risk protection orders—False
petitions.
Enforcement and penalties—Knowledge of order.
Enforcement—Prosecutor assistance.
Modification or termination—Other than extreme risk protection
orders and vulnerable adult protection orders.
Termination—Extreme risk protection orders.
Modification or termination—Vulnerable adult protection orders.
Reporting of modification or termination of order.
Orders under this and other chapters—Enforcement and
consolidation—Validity and enforcement of orders under prior
chapters.
Judicial information system—Database.
Title to real estate—Effect of chapter.
Proceedings additional—Filing of criminal charges not required.
Other authority retained.
Liability.
Definitions.
Law enforcement officers – Training, powers, duties – Domestic
violence reports.
Restrictions upon and duties of court.
Appearances by defendant – No contact order.
Victim contact – Restriction, prohibition – Violation, penalties
Written order – Procedures.
Enforcement of orders.
Notification of victim of prosecution decision – Description of
criminal procedures available.
Liability of peace officers.
TMC Section 8.30.060, "Harassment," is hereby re-enacted to read as
8.30.060 Harassment
The following statutes of the State of Washington are hereby adopted by reference
now in effect or as may be subsequently amended or recodified:
RCW 9A.46.020 Definition – Penalties.
CC:\Legislative Development\Crimes Against Persons -Update TMC Ch 8.30 9-27-22
KS:bjs Review and analysis by Barbara Saxton
184
as
Page 4 of 5
RCW 9A.46.030
RCW 9A.46.040
RCW 9A.46.050
RCW 9A.46.060
RCW 9A.46.070
RCW 9A.46.080
RCW 9A.46.090
RCW 9A.46.100
RCW 9A.46.110
Place where committed.
Court-ordered requirements upon person charged with crime
Violation.
Arraignment — No -contact order.
Crimes included in harassment.
Enforcement of orders restricting contact.
Order restricting contact — Violation.
Nonliability of peace officer.
"Convicted", time when.
Stalking.
Section 7. Corrections by City Clerk or Code Reviser Authorized. 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 scrivener's
errors; references to other local, state or federal laws, codes, rules, or regulations; or
ordinance numbering and section/subsection numbering.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Declaration of Emergency; Effective Date. This ordinance, as a
public emergency ordinance necessary for the protection of the public health, safety,
and welfare, shall take effect and be in full force immediately upon its adoption. A non -
exhaustive list of facts supporting this emergency declaration are included in the recitals
above, which are adopted by reference as findings of fact as if fully set forth herein.
This ordinance or a summary thereof consisting of the title shall be published in the
official newspaper of the City.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
CC:\Legislative Development\Crimes Against Persons -Update TMC Ch 8.30 9-27-22
KS:bjs Review and analysis by Barbara Saxton
Page 5 of 5
185
186
T0:
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 28, 2022
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
• Meeting with Fish & Wildlife: Community Development staff met with Fish & Wildlife's new
Habitat Biologist for Tukwila to coordinate effective permit -integration processes for state -
required Hydraulic Project Approvals for projects that impact fish habitat, such as streams,
rivers, and sometimes wetlands (directly or indirectly).
• Sound Cities Association Mayors Meetings: Mayor Ekberg participated in Sound Cities
Association Mayors meetings on September 13 and 20.
• Association of Washington Cities Housing Solutions Meeting: Mayor Ekberg participated in an
Association of Washington Cities Housing Solutions meeting on September 13.
• National League of Cities Information, Technology and Communications Committee Meeting:
Mayor Ekberg participated in a National League of Cities Information, Technology and
Communications Committee meeting on September 14.
• ICMA Annual Conference: City Administrator Cline attended the International City/County
Management Association (ICMA) Annual Conference in Columbus, Ohio September 16 - 21. He
was a panel member that presented about the work done by the ICMA Institute on Race
Equity and Inclusion over the past two years.
• Meeting with Seattle Southside Chamber of Commerce: On September 16 Mayor Ekberg and
Economic Development Administrator Speck met with Annie McGrath the new President and
CEO of the Seattle Southside Chamber of Commerce.
• Association of Washington Cities Mayors Exchange: Mayor Ekberg attended the Association of
Washington Cities Mayors Exchange on September 21 in Richland.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
187
City Administrator's Report
September 28, 2022
Page 2
II. Community Events
• Donated Tickets: Tukwila Parks & Recreation has been awarded over 400 Tickets from the
Seattle Kraken and Climate Pledge Arena, to be distributed to Tukwila Families to attend the
Pre -Season NBA Game (LA Clippers vs. Maccabi Ra'anana) on September 30.
• You Got Next Tukwila Basketball Fest The You Got Next Tukwila Basketball Festfor youth and
teens was held on September 17 at the Tukwila Community Center. A total of 450 community
members participated. The event was held in collaboration with the King County Play Equity
Coalition and the Seattle Sports Commission. Several Community Partners also participated
in the event including Special Olympics Washington, Seattle Adaptive Sports, Seattle
Seawolves, UPower, Tukwila Children's Foundation, Cultures United FC, Seattle Southside,
Seattle Storm, and Force 3x3 Basketball. The event was made possible as part of Phase 2 of
the Basketball Equity Action Team.
• Stewardship: Green Tukwila has kicked off the fall season with the following work parties:
o Duwamish Hill Preserve: Parks staff hosted 45 ninth graders from the Highline School
District at Duwamish Hill Preserve. The youth learned about the cultural history, unique
landscape and removed invasive plants from the site.
o Friends of the Hill: Friends of the Hill hosted their first fall work party with a volunteer
crew of Tukwila residents; the volunteers were interested in the history and health of the
site and the Duwamish River.
o Cascade View Community Park: The Bhutanese Community Resource Center hosted a
litter clean up event at Cascade View Community Park. The team picked up 15 pounds of
trash in 2 hours.
• Teen Late Night: The first Teen Late Night of the school year was September 16. There was a
great turnout for the program with 63 teens attending.
• Open Gym Basketball/Volleyball: Open Gym Basketball/Volleyball at the Tukwila Community
Center started September 26 and will run Mondays and Wednesdays from 6 PM to 8 PM
through mid-November.
III. Staff Updates
Public Safety
• Community Town Hall: Chief Dreyer held a community town hall at Westfield Southcenter
Mall on September 22 to share information about crime and public safety-related issues
impacting the City.
Project Updates
• 2022 Annual Overlay Program
Estimated Completion: October 2022
All the paving in the roadway is complete at Orillia and 200th Street. Edge restoration, final
channelization and signal upgrades still to be completed. Pedestrian crosswalk
modifications at 144th and 46th are mostly complete. Edge restoration and final pavement
markings anticipated in the next couple of weeks. Curb, gutter, sidewalk and pavement work
is ongoing on 140th with majority of work scheduled to be complete by the end of this week. S
Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov
188
City Administrator's Report
September 28, 2022
Page 3
141st and 142nd pavement repair/replacement/overlay should be done by the end of this week.
Final utility adjustments and channelization will occur in October. Small drainage
improvements on 37th Ave S are complete pending final edge restoration. The two pedestrian
crossings of S 124th Street near the Tukwila Community Center (44th and 46th Avenues S) are
getting upgraded this week. New curbs and ADA -compliant ramps will be installed along with
pedestrian beacons, known as Rectangular Rapid Flashing Beacons, will be installed by mid-
October.
• Riverton Creek Flapgate Removal Project Estimated Completion: September 2022
In response to WSDOT's punchlist inspection, staff issued a field directive to the contractor to
repaint around and seal the wall openings where the tieback anchors are located. The
Contractor is also working through the 1 -year plant establishment period.
• 2022 Annual Small Drainage Program Estimated Completion: September2022
Titan is planning on paving 48th on September 27. Cleaning and video of storm lines will occur
the week of September 26. KPG, Titan and Tukwila staff are scheduling a punch -list walk
through by September 28.
• Miracle Village Community Advisory Meeting: Community Development staff attended the
monthly community advisory meeting for the Miracle Village site. A Grand Opening and Open
House is scheduled for October 18. The public is invited to attend and tour the site. Referrals
will begin on October 19.
• Civic Design Awards Reception: Mayor Ekberg and Chief Witter attended a Civic Designs
Awards Reception in Seattle on September 22. Weinstein A+U received an honorable mention
award from American Institute of Architects Washington Council for the design of Fire Station
51.
Boards, Commissions and Committees
• Arts Commission: The next meeting is scheduled for September 28, 2022.
2 Resident position terms expire December 31, 2022.
No vacancies.
• Civil Service Commission: The next meeting is scheduled for October 20, 2022.
No terms set to expire in 2022.
No vacancies.
• COPCAB: The next meeting is scheduled for October 13, 2022.
1 Business Representative position term expires December3l, 2022.
1 Resident position term expires December 31, 2022.
1 School District Representative position term expires December 31, 2022.
VACANT: 2 Resident positions, 1 School District Representative and Student Representative.
• Equity & Social Justice Commission: The next meeting is scheduled for October 6, 2022.
1 City Employee position term expires December 31, 2022.
1 Education/Community position terms expires December 31, 2022.
2 Community Representative position terms expire December 31, 2022.
VACANT: 1 Community Representative and Student Representative.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov
189
City Administrator's Report
September 28, 2022
Page 4
• Human Services Advisory Board: The next meeting is scheduled for mid-October.
1 Medical/Health position term expires December 31, 2022.
1 School District Representative position term expires December 31, 2022.
1 Resident position term expires December 31, 2022.
VACANT: 1 School District Representative and 1 Business Community Representative.
• Library Advisory Board: The next meeting is scheduled for October 4, 2022.
4 Resident position terms expire December 31, 2022.
VACANT: Student Representative.
• Lodging Tax Advisory Committee: The next meeting is scheduled for October 14, 2022.
All positions are 1 -year terms.
VACANT: 1 Business Collecting Tax Representative and 1 Funded by Tax Representative.
• Park Commission: The next meeting is scheduled for October 12, 2022.
2 Community position terms expire December 31, 2022.
VACANT: 1 Community Representative and Student Representative.
• Planning Commission: The next meeting is scheduled for October 27, 2022.
3 Resident position terms expire December 31, 2022.
No vacancies.
IV. Responses to Council/Community Inquiries
Date of Inquiry
Inquiry
Response
Ongoing
A resident has made noise
complaints regarding the
City Administrator David Cline and DCD Director
Nora Gierloff met with Sabey Data Center
Sabey Data Center.
representative, Mike Hansen on September 26, to
discuss the ongoing noise complaints against one
of their facilities.
Mr. Hansen stated that he looks forward to
working with the King County Dispute Resolution
Center to assist with a long-term strategy to
address these concerns. Mr. Hansen supports the
idea of an independent noise study which would
provide before and after analysis to assess the
success of any implemented improvements.
September 12, 2022
A resident shared that
_
Public Works staff are exploring a variety of
Allentown advocates
have put out trash
buckets and which they
have been monitoring
and emptying. It was
asked if the city could
provide trash receptacles
strategies to address Allentown concerns
regarding garbage/litter along the 115th avenue
right of way as well as unauthorized/overnight
parking. City staff are currently evaluating
preferred methods to limit parking as well as
discourage public access and stabilize the slope
along some portions of 115th. This may include
Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov
190
City Administrator's Report
September 28, 2022
Page 5
September 19, 2022
or assist in any way.
Councilmember Kruller
asked for a status on the
response to this request.
some form of more permanent structured barrier
or an earthen landscaped berm. Staff is also
evaluating upsizing the garbage/litter container
at TCC to take on additional garbage/litter that
may be collected and disposed by Allentown
neighbors through an Adopt -a -Street agreement.
September 19, 2022
Councilmember Kruller
Staff provided an update on the Neighborhood
asked about traffic
Traffic Calming Program to the Transportation
calming measures for
and Infrastructure Services Committee on June
Allentown.
21. Two of the top 10 projects are Pedestrian
Crossing Safety Improvements at the Tukwila
Community Center (TCC) and the Allentown
Neighborhood Speed and Safety Study. The TCC
crosswalk improvements are part of the 2022
Overlay Program and are scheduled to be
completed in early -mid October. Based on the
results of the Allentown Speed and Safety Study,
a raised a Rectangular Rapid Flashing Beacon
(RRFB) and a raised crosswalk on 42nd Ave S at
the S 119th street pedestrian bridge crossing
were added to the planned improvements list for
the Allentown neighborhood. The City has
applied for two grants - one through the
Washington State Department of Transportation
and another through the Transportation
Improvement Board - to fund the design and
installation of the raised crosswalk and
Rectangular Rapid Flashing Beacon (RRFB) on
42nd Ave S across from the S 119th Street
Pedestrian Bridge. The City is waiting for
responses to the grant applications.
September 19, 2022
Councilmember Kruller
City staff has contacted the resident to discuss his
was contacted by a
concerns and will be scheduling an agenda item
resident inquiring about
for the Transportation and Infrastructure
City strategy on the
Committee to discuss.
Sound Transit BAR
station.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov
191
192
UPCOMING MEETINGS AND EVENTS
OCTOBER 2022
City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available.
OCT 3 MON
OCT 4 TUE
OCT 5 WED
OCT 6 THU
OCT 7 FRI
OCT 8 SAT
➢Planning and Community
Development Committee
5:30 PM
City Hall - Hazelnut Room
Hybrid Meeting
➢Transportation and
Infrastructure Services
Committee
5:30 PM
6300 Building- Duwamish
Room on 2'd Floor
Hybrid Meeting
City➢Council Regular
9
Meeting
7:00 PM
City Hall Council Chambers
Hybrid Meeting
2' Library Advisory
Board
6:30 PM
Tukwila Community
Center
Hybrid Meeting
2- Equity and Social
Justice Commission
5:30 PM
Tukwila Justice Center
Hybrid Meeting
Give Blood = Save 3 Lives
oo oo o'
o o
DONATE BLOOD IN
OCTOBER AND ENTER
TO WIN APPLE
MACBOOK AIR M2
Your donation is critical!
Our community is
dangerously low on the
platelets and Type 0 blood
needed to supply each of
the cancer and surgery
patients. To schedule an
appointment,
call 1-800-398-7888.
Click here to schedule an
appointment online.
Tukwila Village
Farmers Market .
All communities welcome. The
Farmers Market accepts
EBT cards.
4:00 PM - 7:00 PM
Tukwila Village Plaza
14350 Tukwila Int'I Blvd
OCT 10 MON
OCT 11 TUE
OCT 12 WED
OCT 13 THU
OCT 14 FRI
OCT 15 SAT
➢ Community Services and
Safety Committee
5:30 PM
City Hall - Hazelnut Room
Hybrid Meeting
➢ Finance and Governance
Committee
5:30 PM
6300 Building - Duwamish
Room on 2'd Floor
Hybrid Meeting
City
➢Council
Committee of the Whole
Meeting
7:00 PM
City Hall Council Chambers
Hybrid Meeting
GREEN1.
TUKWILA
PARTNERSHIP
RESTORATION AT RIVERTON
PARK WORK PARTY
Join Forest Steward, Debbie, for
mid-week work party. No
experience is necessary to help.
Tools, gloves and l ages instructions
reHousehold
will be provided. All ages are
welcome.Duwamish
11:30 AM -1:30 PM
Click here to register.
a
➢ Community Oriented
Policing Citizens
Advisory Board
6:30 PM
Tukwila Justice Center
Hybrid Meeting
_
s-'
1 ++
�+
HAZARDOUS WAS.
DISPOSAL EVEN
�
TUKWILA
PARTNERSHIP
DUWAMISH HILL
PRESERVE WORK
PARTY
Spend the day planting with
Friends of the Hill Forest
Stewards and keep
Hill Preserve
healthyand sustainable.
No experience is
necessary to help. Tools,
gloves and instructions
will be provided. All ages
are welcome.
10:00 AM - 1:00 PM
Click here to register.
FOR KING COUNTY
RESIDENTS
hazardous
wastes are accepted with no
additional fee at 4 fixed
collection sites in Seattle
and King County.
Limit 50 gallons per
residential customer per
day. No containers larger
than 5 gallons. For larger
quantities or unusual waste,
call us at 206-296-4692.
Oct 14, 15 & 16 Fri-Sun
McLendon Hardware
440 Rainier Ave S
Click here for more
information.
Tukwila Village
Farmers Market '
FINAL DAY OF TUKWILA
VILLAGE FARMERS MARKET
See above for more information.
Park Commission
5:30 PM
Tukwila Community Center
DIVERSITY IN LAW ENFORCEMENT- CAREER WORKSHOP NOV 5 8:15 AM - 3:30 PM
South King County Valley Police Agencies have partnered to host our first Diversity in Law Enforcement: Career Workshop in Renton. This FREE workshop
saims to address the real and perceived barriers of those seeking a career in law enforcement and provide strategies to successfully navigate the hiring
process. Continental breakfast and lunch will be provided. Click here for more information and to register.
POLICE DEPARTMENT HIRING PROCESS VOLUNTEERS NEEDED
Tukwila Police Department is seeking members of the community who are interested in volunteering with the Police Department hiring process as members of an
interview panel for selection of Police Department staff. Click here for more information and to apply.
KALEIDOSCOPE PLAY AND LEARN STARTS ON OCT 7
Kaleidoscope Play & Learn groups offer parents and other caregivers the opportunity to support their children's early learning through everyday activities, and build relationships
with other participants. Registration opens each Monday of the week program is held. Click here to register your child.
THE CITY WANTS COMMUNITY FEEDBACK ON 2023-2024 BIENNIAL BUDGET
The new budget cycle will be challenging for the City. Revenues are slow to return to pre-pandemic levels. Inflation is at its highest level in 40 years, resulting in higher
costs for supplies, materials and wages. We have a budget tool that you can make budget adjustments. Your challenge is to develop a balanced budget.
Click here for more information.
T,lyi DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM - 2:00 PM
-ei,w-VOLUNTEERS - In need of volunteers between 8 AM - 1 PM for food packaging Mondays, Wednesdays and Fridays and food distributions
i,�/yz.s.r, 2 , Tuesdays, Thursdays and Saturdays. Click here to sign-up to volunteer. DONORS - Please donate at TukwilaPantry.org.
NEW TRANSPORTATION SERVICE TO TUKWILA COMMUNITY CENTER MON THRU SAT 5 AM -1 AM SUNDAYS 6 AM -12 AM
a KC Metro has launched a new pilot program that will provide on-demand transportation service from anywhere in Tukwila to the Tukwila Community Center.
Click here for more information and rates.
COVID-19 TESTING
King County Rapid, over the counter COVID tests are now widely available around King County. These tests are also known as home-based self-collected COVID tests or
antigen tests and provide results in 15 minutes. Click here for more information. Click here to find COVID testing sites by location in King County.
COVID-19 VACCINATION
All Washingtonians ages 5 and up are eligible to receive a COVID-19 vaccination—and now also babies and children 6 months and older. For more information, visit
Getting vaccinated in King County or call 206-477-3977. You can also search at vaccinelocator.doh.wa.gov Interpreters available for assistance. Telephone-to-text relay
service: Dial 711 or 1-800-833-6384. Tactile interpretation: seattledbsc.org.
KING
COUNTY
SOCIAL SECURITY WORKSHOP FOR SENIORS 55+
Learn about social security in an online workshop. The class will cover eligibility, early retirement, survivor benefits and more. Click here to register.
GET HOMEWORK HELP FROM A TUTOR
Also get help to prepare for college entrance exams. Explore back-to-school resources for all ages on site. Click here for more information.
Students in grades K-12 can also connect to virtual homework help and resources with Study Zone Plus. Click here for more information.
SERVICES AND SKILLS TRAINING
and programs provided by Puget Sound Training Center. Registration not required. Reasonable accommodation for people with disabilities per
at least 7 days before the event. Click here for more information and multiple dates.
YOUR LIBRARY FOR FREE!
practice tests and Certiport certification exams. Get certified in MS Office, Adobe, QuickBooks, coding and more! You will need your KCLS
PIN to access some resources. Click here for more information and registration.
& EARN BELLEVUE COLLEGE CREDIT!
from Cisco, and apply for college credit from Bellevue College. The courses are online, self-paced and free.
information and register to enroll in the tech courses.
sLim,
LIBRARY
ML, SYSTFM
FREE EMPLOYMENT
Leam about the free services
request. Email access@kcIs.org
GET CERTIFIED AT
Take free online classes,
library card number and
FREE TECH COURSES
Take free tech courses
Click here for more
193
194
Tentative Agenda Schedule
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
OCTOBER 3
See below link for the
agenda
packet to view the
agenda items:
October 3, 2022
Regular Meeting
OCTOBER 10
PUBLIC HEARING
An ordinance regarding a Franchise Agreement with
King County Water District #125.
SPECIAL ISSUES
- An ordinance regarding a Franchise Agreement with
King County Water District #125.
- An update on the Washington Recreation and Park
Association Summer Experiences and Enrichment
for Kids (SEEK) Grant and Tukwila Basketball
festival.
- A contract for Microsoft Enterprise
Services.
- Acceptance of a grant from the Department of
Commerce for Middle Housing.
- An ordinance regarding a Franchise Agreement with
King County Water District #125.
- Public Works Water, Sewer, Surface Water Rates
discussion.
- Proposed 2023-2024 Biennial Budget: Land
Acquisition, Recreation and Parks Development.
- Proposed 2023-2024 Biennial Budget: Foster Golf
Links.
- Proposed 2023-2024 Biennial Budget: Utility Funds.
- Proposed 2023-2024 Biennial Budget: Urban
Renewal Budget.
OCTOBER 17
PRESENTATION
An update on the Small Business Development
Center at Highline College.
CONSENT AGENDA
- Authorize the Mayor to sign Amendment #2 to
Contract #16-171 with Microsoft Enterprise
Services in an amount not to exceed
$443,882.00.
- Authorize the Mayor to accept a grant from the
Washington State Department of Commerce for
the Middle Housing Grant in the amount of
$130,000.
- A resolution for Rental Housing Licensing and
Inspection Fees.
- A resolution fixing the time for a public hearing
for vacation of right-of-way within the City of
Tukwila dedicated for street purposes, generally
described as portions of South 141` Street
(George Long).
- Authorize the Mayor to sign a contract for the
Stormwater Quality Retrofit Program for design
and construction management services in the
amount of $198,827.00.
- An ordinance regarding a Franchise Agreement
with King County Water District #125.
OCTOBER 24
SPECIAL ISSUES
- An update on the Economic
Development Plan.
- Public Works Campus Phase 2
Update.
- A contract for the Allentown
Truck Reroute Environmental
Impact Statement.
- A resolution regarding Permit
Fee Schedule Rate Increase.
- A resolution adopting a Public
Works Fee Schedule Rate
Increase.
- A resolution adopting the 2023
South King Housing and
Homelessness Partners
(SKHHP) Work Plan and
Operating Budget.
- Proposed 2023-2024 Biennial
Budget: Public Works, Streets
and Fleet.
Special Meeting to follow
Committee of the Whole
Meeting.
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
NOVEMBER 7
CONSENT AGENDA
- A resolution regarding
Permit Fees Schedule
Rate Increase.
- A resolution adopting a
Public Works Fee
Schedule Rate Increase.
UNFINISHED BUSINESS
- A resolution adopting
the 2023 South King
Housing and
Homelessness Partners
(SKHHP) Work Plan and
Operating Budget.
- Authorize the Mayor to
sign a contract for the
Allentown Truck Reroute
Environmental Impact
Study in the amount of
$796,274.00.
NOVEMBER 14
PUBLIC HEARINGS
- Tax Levy Legislation:
- An ordinance levying the general taxes for the
City of Tukwila in King County for the fiscal year
commencing January 1, 2023, on all property,
both real and personal, in said city, that is subject
to taxation for the purpose of paying sufficient
revenue to carry on the services of the several
departments of said city for the ensuing year,
with an excess property tax levy for the purpose
of paying debt service on the City's Unlimited
Tax General Obligation Bonds issued in 2016
and 2019, as required by law.
- An ordinance increasing the City of Tukwila
regular levy from the previous year, commencing
January 1, 2023, on all property, both real and
personal, in compliance with RCW 84.55.120.
_ Budget Legislation:
_ An ordinance adopting the 2023-2024 Biennial
Budget.
- A resolution adopting the 2023-2028 financial
planning model and the capital improvement
program for general government and the City's
Enterprise funds.
- An ordinance amending the 2021-2022 Biennial
Budget.
SPECIAL ISSUES
- Tax Levy Legislation:
- An ordinance levying the general taxes for the City
of Tukwila in King County for the fiscal year
commencing January 1, 2023, on all property,
both real and personal, in said city, that is subject
to taxation for the purpose of paying sufficient
revenue to carry on the services of the several
departments of said city for the ensuing year, with
an excess property tax levy for the purpose of
paying debt service on the City's Unlimited Tax
General Obligation Bonds issued in 2016 and
2019, as required by law.
- An ordinance increasing the City of Tukwila
regular levy from the previous year, commencing
January 1, 2023, on all property, both real and
personal, in compliance with RCW 84.55.120.
- Budget Legislation:
- An ordinance adopting the 2023-2024 Biennial
Budget.
- A resolution adopting the 2023-2028 financial
planning model and the capital improvement
program for general government and the City's
Enterprise funds.
- An ordinance amending the 2021-2022 Biennial
Budget.
- Economic Development Plan, Vision, and Goals.
- A resolution updating Fire Permit Fees.
- A contract with Ogden Murphy Wallace for City
Attorney Services for 2023-2024.
- A contract with the Walls Law Firm for Prosecution
Services for 2023-2024.
- A contract with Kirshenbaum & Goss for Public
Defense Services for 2023-2024
NOVEMBER 21
CONSENT AGENDA
- Authorize the Mayor to sign a contract with
Ogden Murphy Wallace for City Attorney
Services for 2023-2024 in the amount of
$816,000.00.
- Authorize the Mayor to sign a contract with the
Walls Law Firm for Prosecution Services for
2023-2024.
- Authorize the Mayor to sign a contract with
Kirshenbaum & Goss for Public Defense
Services for 2023-2024.
- Authorize the Mayor to accept the OSRC Grant
Agreement with King County for the Nelsen Side
Channel Project in the amount of $250,000.00.
- Authorize the Mayor to sign a contract with BHC
Consultants LLC for plan review and inspection
services in the amount of $150,000.00.
- Authorize the Mayor to sign a contract with Reid
Middleton for structural plan review in the amount
of $150,000.00.
PUBLIC HEARING
An ordinance vacating right-of-way within the City
of Tukwila dedicated for street purposes, generally
described as unnamed right-of-way in the 14000
block of Interurban Avenue South located east of
Interurban Avenue South and west of the
Duwamish River. (George Long)
UNFINISHED BUSINESS
- Tax Levy Legislation:
- An ordinance levying the general taxes for the
City of Tukwila in King County for the fiscal
year commencing January 1, 2023, on all
property, both real and personal, in said city,
that is subject to taxation for the purpose of
paying sufficient revenue to carry on the
services of the several departments of said city
for the ensuing year, with an excess property
tax levy for the purpose of paying debt service
on the City's Unlimited Tax General Obligation
Bonds issued in 2016 and 2019, as required by
law.
- An ordinance increasing the City of Tukwila
regular levy from the previous year,
commencing January 1, 2023, on all property,
both real and personal, in compliance with
RCW 84.55.120.
- Budget Legislation:
- An ordinance adopting the 2023-2024 Biennial
Budget.
- A resolution adopting the 2023-2028 financial
planning model and the capital improvement
program for general govemment and the
City's Enterprise funds.
- An ordinance amending the 2021-2022
Biennial Budget.
- An ordinance vacating right-of-way within the City
of Tukwila dedicated for street purposes,
generally described as unnamed right-of-way in
the 14000 block of Interurban Avenue South
located east of Interurban Avenue South and
west of the Duwamish River. (George Long)
- A resolution updating Fire Permit Fees.
NOVEMBER 28